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HomeMy WebLinkAbout12-14-09 Common Council Meeting Agenda & PacketSOUTH BEND COMMON COUNCIL MONDAY, DECEMBER 14, 2009 7:00 P.M. 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROIL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 09 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING SOUTH BEND'S LEGENDARY DRUMMER AND WORLD CLASS PERCUSSIONIST BILLY "STIX" NICKS ON HIS 75 BIRTHDAY 09 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING TWO WASHINGTON HIGH SCHOOL SENIORS, LAUREN MILLER AND MALCOLM WHITE, FOR HEROICALLY ADMINISTERING CPR TO HELP SAVE A LIFE AND SALUTING THE WASHINGTON HIGH SCHOOL MEDICAL /ALLIED HEALTH SCIENCES MAGNET PROGRAM 5. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 13 -08 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1302 HIGH STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDIANA 57 -09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 616 N. ST. PE'T'ER ST., COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA 91 -09 PUBLIC, HEARING 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 PUBLIC HEARING 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 PUBLIC HEARING 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 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 9863 -08, WHICH FIXED NON BARGAINING EMPLOYEE WAGES IN 2009, TO DEFINE FULL AND PART -TIME EMPLOYEES 95 -09 PUBLIC HEARING 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 PUBLIC HEARING 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 ( 4641), $35,000 FROM PROJECT RELEAF FUND (#655), AND $269,172 FROM CENTURY CENTER FUND (#670) 97 -09 PUBLIC HEARING 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 PUBLIC HEARING ON A BILK OF THE COMMON COUNCIL OF THE CITY OF SOUTH SEND, 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 PUBLIC NEARING 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 ( 4101),$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) 8. BILLS, THIRD READING TIME: BILL NO. 13--08 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1302 HIGH STREET, SOUTH BEND, INDIANA, COUNCTLMANTC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDIANA 57-09 THIRD READING 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 91-09 THIRD 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 THIRD 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) 98 - 09 THIRD 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 THIRD 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 ( 4202), $1,845,726 FROM LOCAL ROAD AND STREET FUND ( #251), $1,170,500 FROM COUNTY OPTION INCOME TAX FUND ( 4404), $523,800 FROM CUMULATIVE CAPITAL DEVELOPMENT FUND ( #406), AND $469,200 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND ( 4408) 9. RESOLUTIONS BILL NO. 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 09 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1710 NORTH SHERIDAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HOOSIER TANK AND MANUFACTURING, INCORPORATED 10. BILLS, FIRST READING BILL NO. 100 -09 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF KALORAMA STREET FROM HILL STREET TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 165 FEET, MORE OR LESS AND A WIDTH OF 34 FEET 101 -09 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY SOUTH OF WASHINGTON STREET FROM TAYLOR STREET TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 115.5 FEET, MORE OR LESS AND A WIDTH OF 14 FEET BEING PART OF VAIL'S SUBDIVISION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: Area Plan Commission o St. Joseph COUrI 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magiiozzi Executive Director Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com /areapian Fax 574 235 -9813 November 18, 2009 The Honorable Council of the City of South. Bend 4th Floor, County -City Building >v �� 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 - APC4 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 tools 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 first 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. Sincerely, . 521"V, ��bn W. B Y omr JWB:jsc Attachment CC: LangLab, LLC BOSH Design Group, Bill Owen Serving South Bend, Lakeville, Neva Carlisle, North Liberty, Osceola, Roseland and St. Jaseph County, Indiana T a .�` d„ Staff Regort AFC 4 2470 -08 Owner- LangLab, LLC Location: 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 to allow mixed use with office, retail, live entertainment, cafe, and apartments. Land Uses and Zorring: On site: On site is an existing building. North: To the north is a vacant building zoned Ll 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 vacated in 1986. LangLab, LLC #2470 -08 Page 1 of 1 5 Criteria (per IC 36- 7- 4 -603)a 1. comprehensive Plan: Policy Plan Ci1y Plan South Bend Cony rehensive Plan November 2006 EDI : 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 desimble arse: 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 property 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 Pennsylvania as Rezoning from: "Ll" LIGHT INDUSTRIAL DISTRICT to "MU" MIXED USE DISTRICT Zoning Key W-, SOUTH BEND "SF2" SINGLE FAMILY& TWO FAMILY DISTRICT SOUTH BEND "C13" COMMUNI BUSINESS DISTRICT SO UTH P j F - N F ) "1-I" LIGHT IN n UST PAL D STRICT N 1 inch X00 feet 0 � . te r �F M MOE ORDINANCE NO. AN ORDINANCE ANtENDI�Ti G THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1302 IIIGPI STREET, SOUTH REND, INDIANA, COITNCILRAI®lIC 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 Rend, Indiana. The establishment will provide alive entertainment venue; a caf6; office space rental; cornponeut offering arts -based merchandise; living quarters for visiting artists and lecturers, and venue recital 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, 1444); 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 Nigh ,Street; thence South along the east line of sail 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 ease, 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 way aforesaid which is on the real estate above described. Also the West Half Lf 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 easeanents of record. be and the same is hereby established as W Mixed Use District. SECTION 11. This ordinance shall be in fill force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Attest: City Clerk Member of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana on the at o'clock m. Approved and signed by me on the rn. st READING PUBLIC HEARING NOT APPROVED REFERRED AP 3 PASSED City Clerk day of , 2004, at day of _ , 2009, o'clock Mayor of the City of South Bend, Indiana OCT 99 X009 CM CLERK, SO, BERD. IN. Date Filed Date received by Area Plan Commission Application No. I (We) the undersigned brake an application to the Common Council of the City of South Bend, hadiana 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, Soutli Bend, Indiana 46626 574.234.5840 3) Name and address of contingent purchaser(s), if applicable: Name: NIA Full Address and Phone Number: 4) It is 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 caf6; 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 owjiers and tax key numbers for all properties withiiL 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 wWch inclu des street names, printed in81/2 "x11" format. Signature(s) of all property owner(s) or Attorney for all property owner(s) or * Consultant representing all property owner(s) PETITION PREPARED BY: CONTACT PERSON: (If Different) Name: Bill R. Owen, President Name: Same BOSH DESIGN GROUP, Inc. Post Office Box 322, Osceola, Indiana 46561 Phone no. 01574.679.9040 e-mail: boshinc @sbcglobal.ztet File no. 1441 -08 Filled In Uork's Offices OCT 2 9 2009 C!W CL`ErI "50. BEiN0,1N, BOSH DESIGN GRO U P a consulting, development planning, design engineering, Established in 1991 environmental engineel•ing and project administration firm BOSH DESIGN GROUP, Inc. Sill R. Owen, President Post Office Box 322, Osceola, Indiana 46561 -0322 USA Phone: O1 574.674.9040, Fax: 01 574.674.4118, E -mail: boshbic cr sbe�lobaLnet 26 October 2609 Re: LANGLAB, LLC 1302 High Street South Bend, Indiana 46616 Variances, Rezoning and Project Documents LETTER OF AUTHORIZATION Letter of authorization allowing NIr. 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. Nix. Rami Sadek — Co Owner 713 North Saint Louis Blvd. South Bend, Indiana 46617 Pile no. 1441 -08 Filed I C'M� ��'S ( ;" Ice 0 CT 2 0 2000 lrK €,1 V0 F� r, E Area Plan Commission of St. Joseph County 1140 Cc)unty -City Building South Bend, Indiana 46001 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 Cosmnon Council Of The City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Bill 11 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 xi agent for the owner. There is an authorization letter. If you have any further questions, please call me at 574- 235 -9571. Sincerely, Christa Nayder Planner 4dy F '11r 1 - 0 1 •a"L Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Rase €and and St. Joseph County, Indiana The LangLab concept is to provide an entertain.aneat, education and restaura€xt venue in South. Bend. The establishment will provide a live entertainment venue; a cafe; office space rental; a retail component; offering arts -based retail merchwidise; living quarters for visiting artists and lecturers, and venue rental services for the South Bend area. The building is currently zoned raider CII Industrial use. We should like to rezone it to a MU Mixed Use District. Filed In CIVIK'S WICO MAR - 5 2008 ;els county Parcels Re PARCELID NAME_1 Pi 725 Pennsylvania Ave South Bend IN 46601 BROADWAY 3501 Algonquin Road NEWELL DOROTHEA & I JOl-INSON JOSEPHINE HIGH 1 18 -7016 -0640 EWIF 721 E 2 18- 7016 -0641 FOREMAN MARK 725 Q 744 Roland Ct 729 BROADWAY LAND E BROADWAY 3 18- 7016 -0642 TRUST 719 E BROADWAY. CITY OF SOUTH BEND/ VAC - 4 18- 7016 -0644 BOARD OF PUBLIC WORK BRO, 5 18- 7020 -0808 JENKINS ROY & FELICIA D 776 F THOMAS TOWNSEND AND 6 18 -7017- 072502 MARGARET A 1100 7 18- 7020 -0815 FORREST RHONDA C 7171 725 PITTMAN JAMES C JR & PEN 8 18- 7020 -0816 JENNIFER A AVE CARDINAL BOTTLING CO 9 18 -7010- 037101 INC % TAX DEPT. 909 CARDINAL BOTTLING Cp 10118-7017-072604 INC % TAX DEPT. 133{ MERRITT JOHNNY JR & 1118 -7420 -0806 TIFFANY 758 12 18- 7020 -0804 DOUGLAS LONNIE L 744 1118-7016-0645 DUKE JOHNNIE 735 14 18 -7016 -0639 HARRIS ANNA P 717 CIVIL CITY OF SOUTH 1518- 7016 -0643 BEND VA CARDINAL BOTTLING 16 18-7017- 072601 COMPANY INC 13[ 17 18- 7016 -0626 LOPEZ JEANNE 711: MAHTENGE DOMINIC W & 18 18- 7016 -0627 BOBBIE J 72 ` 73 19 18 -7016 -0629 I AYLOR SHERRI A C� 20 18-7017 -0726 T & C !NC 13 TAYLOR DALIAN R & 73 21 18- 7016 -0630 MATTIE M TAYLOR W JOHNSON RAHMAN M & 7e 22 18- 7020 -0817 KELLY J _ P1 tOP_ADDR I STREET l CITY BROADW BROADWAY ST South Bend IN 46601 Et roadway South Bend IN 46601 Lafayette Blvd Ste South Bend IN 46601 ADJ TO 7 %DWAY 308 County -City Bldg. South Bend IN 46601 .OLAND CT r776 Roland Ct South Bend IN 46613 S HIGH ST 08 S High St South Send IN 46601 3 ENNSYLVANIA 717 Pennsylvania Ct South Bend IN 466 01 dSYLVANIA 725 Pennsylvania Ave South Bend IN 46601 BROADWAY 3501 Algonquin Road Rolling Meadows IL 60008 1475 E Woodfield Rd Ste Schaurnburg IL 60173 - HIGH 1300 5485 ROLAND CT 1758 Roland Ct South Bend IN 46641 ROLAND CT 744 Roland Ct South Bend IN 46601 E BROADWAY 735 E Broadway South Bend IN 46601 BROADWAY. 717 E Broadway South Bend IN 46601 ON HIGH ST 14th Floor County -City Bldg South Bend Rq 46601 6 HIGH ST 1475 Woodfield Rd %Tax Dept PENNSYLVANIA 1716 Pennsylvania South Bend IN 46601 PENNSYLVANIA 1724 Pennsylvania South Bend IN 46601 IPENNSYLV 60 Pennsylvania Ct South Bend !N 46601 South Bend 1N 46628 )2 Hj7 1850 !N Sheridan St .1525 ? P & 1400 County City Bldg S outh Send IN 46601 3E NNSYLVANlA 728 Pennsylvania Ave South Bend iN 46601 BARANY ERNES t J AN 18- 7017 - 072501 JOAN E BARANY 815 E Pennsylvania Av Snuth Bend IN 46801 18 -70117 -0727 NORTHERN INDIANA 11039 PUBLIC SERVICE CO ,T PENNSYLV, NIA E 86th Ave (Merrillvill 3N 46410 Hod In Cleurl-K'S Cj`�'TRCCl MAR 5 2008 } � � � | . � ' Co ' ' ' - ' ] | | | / - " '' PRELIMINARY SITE PLAN REQUIREMENTS Tabulated Data List I. Gross acreage or square footage of site. 40920.23 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% (13912.25) Paved Areas: 21246.65 Open Space: 5731.35 5. For residential components: a. Number and type of dwelling units a max. of 2 average size 1 bedroom apartments b. Density (number of units per acre) 2.13 c. Estimated population 4 individuals 6. Building Height: approx. 50ft. 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, office, restaurant) and general location of buildings 4. General locations for all proposed improvements including paved areas, and buildings 5. General layout of on -site parking 6. Building height (or can be listed in tabulated data) 7. Required setbacks and bufferyards 8. Location and type of landscaping and screening 9. Adjacent rights -of -way and nearby intersections Filed to y° r__ � Please refer to attachment. MAR -- 5 2002 I if k 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, 2008 RR: Extension on the petition of the rezoning of 1302 High Street Bear 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. Sincere, t Rami M. Sadek AREA P r :, fi: 1 01 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY Jz LOCATED AT 616 N. ST. PETER ST., COUNCILMANIC DISTRICT CITY OF SOUTH 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 Edward Sorin's First Edition to the Town of 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. .JLI...F - V , 3 - V3 L Member of the Common Count ` Attest: City Clerk Stning 01 tKIS Ali is only to pmAde an oppouiy for public hear coa aft an aft '. . -.., . 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 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. I ) The property sought to be rezoned is located at: 616 N St Peter St South Bend IN 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 narnes and addresses of all property owners and the 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 8Yz" x 11" format. p� A J< EXEC. oP� PETITION PREPARED BY: CONTACT PERSON: (If different) Stephen Dragovich 616 N St Peter St South Bend, IN 46617 sdragl @,hotinail.com AREA PLAN COMMISSION PUBLIC HEARING PROCLDURPS x � k 4 A �f1/IJ 2646. TO 'J'317 I O f,I ,Q11l 3 N t 3)J I CGUIJI I] 1- U-i'E+E ESTATE T,IV S'1 _3(1tiJ;T?i[ GO N , Y, S1AT'i_, OJT 'I,NDTANA.'YO -AN a! k b Lot ATumbered 5 as shown on the recorded Plat of ,orinis sub- divisicn of Lots Numbered 30 33 and 32 in ,Sorin'a First p,ddition to the Town of Lowell, now within end a part of the City of South fiend,_ 'T,�.�,. 37��Yrl.•7n ZT- - •%x.t i. a' c. sar A FE �,rl�awn ]T Mgvo. re ]o,�s A - The OP2 map is a copy of the original United Sta;es Surve a.3 appears in Fiel Book No. 1 in t 'tle office of the S Of St. josephGounty, Indiana The_opj.)08it�: M,11-) is tsken from a ma_p of 3t.3oseph County, pu.b.Lashed in tia, year 1853, by r 1ilton ia1. Stokes, County Surveyor. m S3 CD Ln M M - Kdb I �I J � L m ro 4013 VVUI4L�I [ P14�� MAILIN Rec PARCELID NAME _1 MAILINGADD MAILINGCIT ING GZIP PROP_ADDR ---- °-� 816 SOUTH BEND 1 018 - 5031 -1106 BR EMMA 816 South Bend AV ISouth Bend IN 46617 AV. W� LEGACY SQUARE 1 621 621 NOTRE DAME 2 018- 5031 - 112601 DEVELOPMENT LLC Notre Dame Ave South Bend IN 46617 AVE GROSS & COHEN VAC LOT 18 ALMOND 3 018 -5fl31 -1110 NOTRE DAME LLC 374 Old Montague Rd Amherst MA 1002 CT. LIVET AFRICAN METHODIST EPISCOPA VAC LOT 17 ALMOND 4 018- 5031 -1116 & CHURCH 719 N Notre Dame Av South Bend IN 46617 CT. WENS HEATING 5 018- 5032 -1154 COMPANY 1115 Fremont South Bend IN 46628 743 SOUTH BEND AV BLUE &GOLD HOMES 6 018- 5032 -1155 LLC 51524 BRIGHTON CT Granger IN 46530 749 SOUTH BEND AV AJP REAL ESTATE 7 018- 5032 - 115501 GROUP LLC PO Box 232 Mishawaka IN 1 46546 755 SOUTH BEND AV RUST NUMBER 753 SOUTH BEND AVE AUDREY RICHARDS 8 018 - 5032 -1156 TRUSTEE 753 South Bend AV South Bend IN 46617 753 SOUTH BEND AV ORTHEAST NEIGHBORHOOD REVITAL- IZATION 9 018- 5032 -1153 ORGANIZATION INC 803 Lincon Way W South Bend IN 46616 741 SOUTH BEND AV ARCELLO SALVATORE AND 10 018- 5031 -1095 MARISA 735 E Sarin South Bend IN 46617 735 SORIN FEINGOLD RICHAR 11 018 - 5031 - 110401 STANLEY 1011 F Donmoyer Ave South Bend IN 46614 813 SORIN EGACY SQUARE 617 NOTRE DAME 12 018- 5031 -1127 DEVELOPMENT LLG 38 S Blaine Ave Hinsdale IL 60521 AVE LEGACY SQUARE 13 018 - 5031 -1126 DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 VAC LOT 33 SORIN ZIMMER WILLIAM L & VAC LOT NOTRE 14 018 -5031 -3125 JULIA A 18075 Roosevelt Rd South Bend IN 46614 DAME AVE 15 018- 5031 -1104 KIMBLE CARL J & ANNA 840 N Ironwood Dr South Bend IN 46615 819 SORIN VAC LOT 33 NOTRE 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 UNIVERSITY OF NOTRE 713 N NOTRE DAME 18 DAME DU LAC 224 FLANNER HALL Notre Dame IN 46556 AVE GROSS & COHEN 19 018 -5025 -0867 NOTRE DAME II LLC 374 Old Montague Rd Amherst MA 1002 802 SORIN GROSS & COHEN 20 018 - 5025 -0869 NOTRE DAME II LLC 374 Oi Montague Rd Amherst MA 1002 810 SORIN GROSS & COHEN 21 018 -5025 -0870 NOTRE DAME 11 LLC 374 Old Montague Rd Amherst MA 1002 814 SORIN 22 HARRIS VELMA J 818 SORIN ST South Bend IN 46617 818 SORIN 23 E01B-5025-0871 872 TTON LF ROY JR. AND HELEN J. 53307 Peggy Ln South Bend IN 46635 822 SORIN 018 - 5031 -1092 NOTRE DAME LLC 374 Old Montague Rd Amherst MA 1002 613 ST PETER 24 018- 5025 -0873 BETSIAFA PATRICIA ANN & DOUGLAS K 224 N Sunnyside Ave South Bend IN 46617 826 SORIN 25 018- 5025 -0874 GROSS & COHEN NOTRE DAME II LLC 374 Old Montague Rd Amherst MA 1002 828 SORIN 1002 614 N ST PETER OUSING AUTHORITY 26 018 -5025 -0875 DNER ROSIE L"SEE TRANSFER NOTES' 834 E SORIN 5outl Bend IN 46617 $34 SORIN 27 018- 5024 -0846 GILLIS PETER F III 318 N Lafayette Blvd South Bend IN 46601 719 MINER FAIRMONT HOMES P.O Box 27 Nappanee IN 46550 AVE j kBEDNEGO ALEX & 28 018- 5025 -0876 GROSS & COHEN NOTRE DAME 14 LLC 374 Old Montague Rd Amherst MA 1002 836 SORIN South Bend IN 46614 LOT AV PHILIP 29 018 -5031 -1097 GROSS & COHEN NOTRE DAME LLC 374 Old Montaque Rd Amherst MA 1002 (330 N ST PETER 30 018 - 5035 -1239 HILL BERLEANE 729 South Bend Av South Bend IN 45617 729 SOUTH BEND AV 31 018 - 5031 -1117 COLLINS KATHALEEN 812 Almond Court South Bend IN 46617 812 ALMOND 32 018 - 5031 -1118 REESE JOHN & OTHA L 51545 Autumn Ridge Granger IN 46530 816 ALMOND 33 018- 5031 -1119 WILLIAMS GILBERT L JR 1205 Campeau South Bend IN 46617 820 ALMOND 34 018 - 5031 -1120 FLOWERS KEITH 20801 Roosevelt Road South Bend IN 46614 824 ALMOND CT. 35 018 -5031 -1103 GROSS & COHEN NOTRE DAME LLC 374 Old Montaque Rd Amherst MA 1002 606 PETER 36 01 B- 5035 -1238 _OUGLAS CLINTON III PO Box 8265 South Bend IN 46660 727 SOUTH BEND AV 37 018- 5031 -1129 LEGACY SQUARE DEVELOPMENT LLC 38 S Blaine Ave Hinsdale tL 60521 823 SORIN 38 018 - 5031 -1093 GROSS & COHEN NOTRE DAME LLC 374 Old Montaque Rd Amherst MA 1002 609 ST PETER 39 018 -5031- 113001 LEGACY SQUARE DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 613 NOTRE DAME 60521 AVE 40 018 - 5031 -1102 GROSS & COHEN NOTRE DAME LLC 374 Ofd Montaque Rd Amherst MA 1002 610 PETER 716 SOUTH BEND 41,018-5035-1249 HOLMER THOMAS 716 South Bend Av South Bend IN 46614 AVE. 718 SOUTH BEND r 4,aA) bAOVicu r 1,:rth Rand) IN 46635 AVE. - GROSS & COHEN 43 018 - 5031 -1092 NOTRE DAME LLC 374 Old Montague Rd Amherst MA 1002 613 ST PETER GROSS & COHEN 44 018- 5031 -1101 NOTRE DAME LLC 374 Old Montaque Rd Amherst MA 1002 614 N ST PETER OUSING AUTHORITY 724 SOUTH BEND 45 018- 5035 -1251 OF SOUTH BEND 501 S Scott St South Bend IN 46613 AVE 732 SOUTH BEND 46,018-5035-1252 FAIRMONT HOMES P.O Box 27 Nappanee IN 46550 AVE j kBEDNEGO ALEX & SOUTH BEND -VAC 47 018- 5035 -1237 LEOMI 5023 Selkirk Dr South Bend IN 46614 LOT AV PHILIP 705 NOTRE DAME 4 8 1,11 4ATERNOWSKI 018- 5031 -1122 C & CAROLYN 21387 Mays Dr South Bend IN 46628 AV. i ZIMMER WILLIAM L & 49 018 -5031 -1123 JULIA A 18075 Roosevelt Rd South Bend IN 46614 629 NOTRE DAME 50 018- 5031 -1089 BUMBACA FILIPPO 1707 So Bend Ave South Bend IN 46637 740 SOUTH BEND AV CHIRRIPA ANTHONY 51 018- 5031 -1098 AND THERESE A 2123 Riverside Or South Bend IN 46616 626 N ST PETER NORTHEAST NEIGHBORHOOD REVITALIZATION 52 018- 5032 -1152 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 BI=ND AV 55 018- 5031 -1096 RLC INVESTMENTS LLC 38 S Blaine St Hinsdale IL 60521 812 SOUTH BEND 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 HERITAGE 57 018- 5035 -1240 FOUNDATION 803 LW1N South Bend IN 46616 731 SOUTH BEND AV NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC% SOUTH BEND HERITAGE 58 018 -5035 -1241 FOUNDATION 1803 LWW South Bend IN 46616 705 TURNOCK ST VAC LOT ALMOND 59 018 - 5031.1107 BROADWAY EMMA 816 South Bend Av South Bend IN 46617 CT, 0 VET AFRICAN I THODIST AND 60 018- 5031 -1113 EPISCOPAL CHURCH 719 N Notre Dame Av South Bend IN 46617 719 NOTRE DAME AV LEGACY SQUARE 605 NOTRE DAME 61 018- 5031 -1130 DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 AVE 62 018 - 5031 -1094 MANTA MARI O E 509 ]FSouthB 29 Mulholland Dr N ST PETER WRIGHT SAMUEL LEE ffiN46634 631018-5031-1091 %CUSTOM MASONARY Po Box 11645 ST PETER DRA GOVICH 64 JOHN'°MISC 314 E Peashway South Bend IN 46617 616 N ST PETER eit y s I p Y qn z�ft 14ft i?r Z car ©e:achec: � (asi sue, fe3 k 1 15.1ft E t_ - ------------ 'fl F• i k k 'u' i 3 3 1 1 t 1 F k � 3 ! 1 1 1 1 l 3 r E E l S F 1 k E 1 � 1 ! i E 1 i z 1 1 � r E 3 I IW k E E 1 --------------------- ?S, S5ft 5r, PETt-f —' 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 475' from the East, rear lot line. The residence is set approximately 20.5' from the North, side lot line and S' from the South, side lot line. ':� c (s t=7- , T c) Se �= V L. Filed I ClOrle O" AUG 5 2409 Gi1Y al iiCy 0. S D t�4. i 1200 C4uN -CITY BT- I DING 227 W, JEHER50N BOU -EVLRD SOUTH BAND, INDfANA 46601 -1830 PHONE. 574/ 235 -9371 FAx 5741235-9021 TDD 5741 235 -5567 CITY of SOUTH BEND STEPHEN J. LuFcKE, NL &YQR COMMUNITY ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTNE DIaLCTOR 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 oil this bill please contact me at 235 -5845. I will be present to address this at the December 14th ineeting: Thank you. Sincere y, � Pamela C. Meycr Director cc: J. March J. Gibney E. Leonard G. Zientara ace NEr } G X09 L --1-.-----­-- - C,mEk;D,1N, COYIMuNITY DeVELOPMEN`1' ECONOMIC DEVELOPMENT PINANCLAL & PROGRAM {J} PAM Et.AG MEYER DoNAtT1 E. IN .r M;,NAGEMPNT 574!235 -9666 5741235 -9371 EL €ZABE7H LEONARD FAX: 5741235 -9697 ? 5741235 -9371 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 Conunon 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 25,000 JES 09 -4 YWCA 45,000 TOTAL $123,135 Section 11. 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 reccipt 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 NS% fry 15W Attest: . v I ar City Clerk Presented by one to the Mayor of the City of South Bend, Indiana on the day of 1 2—, at _ o'clock —. m. City Clerk Approved and signed by me on the day of o'clock . Im 2 , at Mayor, City of South Bend, Indiana 1 st READING PU5LIC s- 3 rJ �REN P C!T APNROVO. PASSZO 1200 CUUNTY—CITY BuLDING 227 W. JEFi EMON BOULEVARD SUU H BEND, INDIANA 46601 -1 E30 PHONE 574/ 235 -9371 FAx 57412.35 -9021 TDB 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LT ECKF, MAYOR COMMUNITY coy- E cONOMic DEVELOPMENT JEFFREY V DISNEY EXECUTIVE. DIRECTOR November 9, 2009 Mr. Derek Dieter President, South Bend Common Council 0 Floor County -City Building South Bend, IN 46601 Dear President Dieter: 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 - Pennanent Rental Housing for Special Need Populations --- modifying the amount allocated for this activity to $1,024,631. As was indicated in m presentation and rnenlo 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 soine 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 who are also NSP sub - grantees and, (3) there are limited City resources ComN uNmf DFvELp1 ECONOMIC DTVT-,L0PnleNx FINANCIAL & PROGRAM T�� N,t�[) E l`,Ks r✓I N"I GHMFENT L AUELA C - MEYER M6]'2R E r 5 ?4!235 -9660 5741235-9371 F.LId.P.9ETH LEONARD v' PAx: 574!235 -9697 h 574/235 -9375 _ w to fully address the properties, and those City resources could be returned to the City if the NS F funds were used instead. However, there was a dete - nination by the HUD Field Office indicating that these properties were not eligible for the program. Recently, after further 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_period_that_ran_fi.om September _25, 2.0-09_to ®ctQber 27 , 2009 a he aling__ 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 2355845. 1 will be present to address this issue at the December 14, 2009 meeting. Thank you. Since ely, Pamela C. er Director cc: J. Gibney J. March E. Leonard G. Zientara `�.4C�fs! ��. fz�i41.1j ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF TIIE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE # 9924.09 TO READJUST CERTAIN DISTRIBUTIONS FOR CALENDAR YEAR 2009 WITHIN C® ITY 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 enteiprises 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 ORDAMED 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) Plan ning & Admin NNN Acq/New Construction will change to $200,000.00 $480,000.00 $280,000.00 Acg /New Contructio &Rehab 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/'New ContructionlR.ehab SBHF Acq/Rehab $600,000.00 _ $360,000.00 ($240,000,00) Rental F SBUF g Group $1,024,630.00 $1,024,631.00 $ mes P for Humanity— $400, $15 ($2 -- ....... - -- Acquis- is -.. _ - -- 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 SEC'T'ION III. All other terms and conditions of Ordinance #9924 --09 shall remain in full force and effect. SE IV . This ordinance shall be in full force and effect from and after its passage by the Corr,mon Council and approval by the Mayor. M em b er of the Common C uncil Attest: c6Z : Md 4A! tk C1 ular'} �Cli��� "vf.A City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock .m. City Clerk Approved and signed by me on the day of , 2 , at o'clock, 1T1. Mayor, _City of. South Bend, - Indiana O ZOO J5t RtANN l4 � 1 PUBLIC Fl ^,•Ii�IC �� mF _.,..., rIC is r -1 NOT APf I<.%t' <RZD. PASSED.. CITY OF SCI= BEND STEPHEN J. LuFcKE, MAYOR DEPARTMENT ®F I]MINISTRATION AND FINANCE GREGG D. ZIENTARA CON - IRO L7 ER November 18, 2009 Mr. Derek Dieter President, South Bend Common Council -- 4 "' 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 bolds 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 filed 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 �y, ZD09 Gregg tientara Controller, ," C `40 C'Ai D Ii1. CITY )•ca COUN`T'Y- CIIyBUTLDING 227W. JEFFERSON BOUL,LVARD SOUTH BEND, INDIANA 46601-1830 PHONE 5741235 -9216 FAx 5741235 -9928 TDD 5741235 -5567 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF TPIE 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 may be 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 1. 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 S ection 11. The monies totaling an aggregate sum of $ transferred per Section .1 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 C. $ to Fund 313 Hall of Fame Debt Service Fund Section III All monies transferred under Section I to the Funds designated in Section 11 shall be paid back to the originating Fund by June 30, 2010. Section IV . 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: , �.,. , ; , >, 5� a City Cle-rk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2009, at o'clock _ . in. Deputy City Clerk Approved and signed by me on the day of o'clock . m. , 2009, at Mayor, City of South Bend, Indiana Nr { c PCB. PASSM _ Criy of Sourx BEND STFPHEN j. LuE.cic, A6AYoR ,UEPARTMENT OP ADMINISTRATION ND FINANCE GREcc D. ZiFNTARA CONTROLLER November 18, 2009 Mr. Derek Dieter President, South Bend Common Council f 4 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. 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. Sir erely, Gre entara Control,er Filed In 161,4 0- 1' f NOV 1 8 M9 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SGUTI'1 BEND, INDIANA 46601 -1830 PHONE 5741235 -9216 PAx 574/235 -9928 TDD 5741235 -5567 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOU'T'H BEND, INDIANA, AMENDING ORDINANCE NO. 9863-08, WHICH FIXED NON BARGAINING EMPLOYEE WAGES IN 2009, TO DEFINE FULL AND PART-TIME EMPT OYEES 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- employee, this ordinance provides definitional guidance and clarification. 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 0)(k) and (1) of Section II shall read in their entirety as follows: (�) Definition of Full -Tine Employee Full -time employees are those. employe who are not in a art time status and who are re Marl scheduled to work the City of South Bend's full - time scheduled fort 40 hours per week or a reduced full -time schedule of thert - two 32 hours oz more ez week as a roved b the Ma oz on a voluntar basis. Such ern to ees are eli ible for the Ern to ez's Benefits Pacica e subject to the terms and conditions and limitations of each benefit program. (k) Definition of Part -Time Employee. Part -tune em to ees are those em la ees who are ncit 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 font 1040 hours per year. While the do receive certain mandated benefits Ssuch as worker's compensation and social securit benefits) they are not eligible far other Cit benefit ro rams with the exce Lion of the ositions listed below CED Project Coordinator Chief City Assistant Attorne City Attorney Deputy City Attorney III Deputy Cit�Atto�-rley �V Senior Citizen Leader (with benefits Common Council Members The above positions _ are eligible for participation in all of the Employer's Benefit Pro gams. q} f 1) 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. (I) Comprehensive Mayor Medical Insuranee Pr® rarn/Preferred Provider Organization PP ®. 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 - is reaffirmed. SEC N. 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 Member of the Common Cou it 80 e rM,- N4 �Il'� PIM4 a ail E g and d' owncil ac ton oil IN' s e, Presented by me to the Mayor of the City of South Bend, Indiana on the of , 2009, at — o'clock M. Deputy City Clerk Approved and signed by me on the _ — day of o'clock m. plauc 3 0 +tii:%�itG , 0f 1 €,,P,ED. PASSED Mayor, City of S 2009, at NOV 1 8 ?049 jcji m VOCIRDE CITY OF SOUM BEND STEPHEN J. LuF_cKE, MAYOR D EPARTMENT ®F ADMINIST ANTS FINANCE GUGG D. ZIENTARA CONTROLLER November 18, 2009 Mr. Derek Dieter President, South Bend Common Council � � C� 4"' Floor, County - City Building South Bend, IN 46601 Re: An Ordinance Appropriating Additional Monies from the General Fund (9101) Dear President Dieter: Since the time the City's 2009 budget was passed on November 10, 2008 (Ordinance 49874 -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 ler I V 1 L3 KN I�vQ COUNTY - CITY BUILDING 227 W ji IF HRSON BouLEVA €'.D Sn"TH BEND, INDIANA 46601 -1830 PHoNE 574/235-9216 FAx 5741235 -9928 TDD 5741235 -5567 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL F[JNDS 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 #98'74- 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 $1.58,850 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 Member of the Common C ° neil CA courd E4 Presented by one 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 Head I Clerk's fficO pt.luLjc HENUNG r8 R�ANNG pppoV. 0 55ED NOV 1 8 2009 1V1 1 yoT, ji,;jN V0 CITY i f:' ieC, so. rM. - o, , 2009, at of South Bend, Indiana 4 a c b Q V CITY ()F SOUTH BEND STEPHEN J. LLmcKF -, MAYOR IJEPARTMENT ® ADMINISTRATION AND iNANcE GREGG D. ZIENTARA CONTROLLER November 18, 2009 Mr. Derek Dieter President, South Bend Common Council } 4"' Floor, County -City Budding 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 ( 4625), Sewer. Insurance Fund ( 4640), Sewage Works Operation Fund ( #641), Project Releaf Fund ( #655), and Century Center ( 9670). 1 ain attaching detail information 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, Filed !a^n G e Zientara - --, ...... Con oiler i INI O ? _. COUNITY -CITY BUILDING 227 W. JEFFERSON BOULEVARD 5OUTi -I BEND, INDIANP. 461601 -1830 PHONE 5741235 -9216 FAx 5741235 -9928 TDD 5741235 -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 INCLUDING $38,169 FROM WATER WORKS SINKING FUND( #625), $86,700 FROM SEWER INSURANCE FUND ( 4640), $100,000 FROM SEWAGE WORKS OPERATIONS FUND ( 4641), $35,000 FROM PROJECT RELEAF FUND ( 9655), 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 Conn - non 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 ( 9640) 86,700 Sewage Works Operations (4641) 100,000 Project Releaf ( #655) 35,000 Century Center ( #670) 269,172 TOTAL X529,041 Section II . This ordinance shall be in full force and effect from and after its passage by the Corrir - nori Council and approval of the Mayor. Attest: City Clerk Member of the Common CAAcil i 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 zn. 2004, at Mayor, City of South Bend, Indiana - 3 -- PU - .UC HEARING 3,d REAM IG NOT AFP OV50, REFERRED. PASSE Filed In IOC°' 01113 NOV 1 3 2009 en - f a.����,rao, ►, CITY oF Sou BEND STEPHEN J. LuEcrc, MAYOR EPARTMENT OF ADmINISTRATION AND FINANCE GREGG D. ZIENTARA CO OLL November 1 ER 8, 2009 Mr. Derek Dieter q President, South Bend Common Council 4 Floor, County -City Building South Bend, IN 46601 Re: An Ordinance for Budget Transfers of Various 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 49874 -08 and 9$75 -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. 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, f Gr ientara Contr ' 11er Filed in C.'N NOV 7 4: FR. COUNTY -CITY BUILDING 227 W. JEFPERSoN BOULEVARD SOUTH BFND, INDIANA 46601 -1830 Nic) rE 5741235 -9216 FAx 5741235 -9928 TDD 574/235 -5567 ORDINANCE NO. 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 99874 -08 and x#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 eii ut o 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. 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O n- � W W m P m� �➢ C m c 3 w iF m^ AV C. p j 0 ° Q' ° 6 m w w ma n -1 N m o x 0 mm °:m a'u o ` m v cP ya TI m � 41 IV n �j ,o w N O � m A N�Nn1 ° m a e o. iooim�p d wm', m � o mpd P @ �n ea O y - ° 4 m a ca w 4 0 o � � D o � L L m a - a Q a a o g 0 X X 0 v m N 0 0 m A N�Nn1 ° m a e o. iooim�p d wm', m � o mpd P @ �n ea O y - ° 4 m a ca w 4 0 o � � D o � L L m a - a Q a a o g 0 X X 0 v m N 0 0 m m N 0 0 m ( ( \ & / ■ =e ic ai 7 r _ \\ - : :2f § }s cr CL Q §° § k# \ ƒ , / Crry OE SOUTH BEND STEPHEN J. LuECKL^., MAYOR i� �� �i k k T . �� {. § GREGG D. ZIENTARA CONTROU.ER November 18, 2009 Mr.. Derek Dieter C �- President, South Bend Common Council 4th 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 Contro H -In �y S MOP COUNTY -CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 5741235 -9216 FAX 5741235 -9928 TDD 5741235 -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) $59,200 FROM C 5), AND $552,450 FROM CENTURY ENTER FUND #6 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 Bond, Indiana, as follows: Section 1. 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 Loss 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) 5 _-- 52, - 450 Total 2010 Additional Appropriation $4 034 104 Section 11 . This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. 0-o ., Member of the Common Council Attest: 70% an City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2009, at o'clock . m. Deputy City Cleric Approved and signed by me on the day of 2009, at o'clock . m. Mayor, City of South Bend, Indiana 1st RCADING PUBDUC HEARING 2, r ,J UADMING NOT APPIROU0 F,E i B URRED. PASSED NOV I CITY OF SouTH BEND STEPHEN J. LUECK.E, MAYOR EPAR'TMEN'T OF ADMINISTRATION AND FINANCE GREGc D. ZIENTA A CONTRO=R November 18, 2009 Mr. Derek Dieter 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 $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 1\10 1 8 2009 iT C�tio:rt i�.E'cE . 2,1 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDT"_NA 46601-1830 PHONE 5741235 -9216 FAx 5741235 -9928 TDD 5741235 -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 $356,770 FROM GENERAL FUND (#1101), $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) 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 Total 2010 Additional Appropriation $5,$64.699 Section 11 . This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. 02� Member of the Common Council Attest: ma, v ' Ov w3�� City Clerlt ; � court EELy— �6 Presented by one 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 PUBLIC HEARING NOT APPROYM REFERRED PASSED - V 1 L" 0 w b k cr c �4 0 n c a k (n C a Q �i V1 m v 0 x ' X O w x x E9 £4 Hi co A Ul 93 A A C) m c7 a C: o C7 C [ O. 0 CJ O ID ' o O o O @ O N C 7¢ Sv 7 7 - � � (q gp a? o 3 m m m a- imMm x x -< n a A p"g N N N s x o o o m o o o x N C) -P — N _ yt 69 f9 {13 -9 -JR fA f9 f9 Cn W A Cn 1 rn Z A W 67 D) N V -P CD (D m P (D W O U7 10 00 cn a] €V Co of J m W �1 000 �o N 0 cn V (L+ O O O m O W O < w < ` m N (D Q w p Z F N 73 ID C-) m U76 K� r 0 O o C: m Q N p D o n m• = < Q - n F3 0 CD CD -a - 2 a C1 o a m 2? m ,mwww�_wyw�2mn W rn J O m W Cn N W W co Ln co N N P m 0 o W ca N m 67 ff1 Gti Q7 4�1 -? 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W N N N N N M V Ul -A N O O O J CO s N N O x W O (n N N O (Jl J Co J N W x O { Y� 69 E9 QE ER <�3 f9 [fi f9 ffl 69 -G9 63 � 1 _ W Ul Ul ()l W W w W W (D N Ln A N co co co N N i17 ; P O N 41 1 A N CD U7 A 0 0 0 O 0 ( 0 0 0 O (o C) o Q d CD LTI j 0 i N O O W O N ? O 0 Ul 0 O O 0 0 0 0 r 0 7 I m x o as X 0 T w i a s W (D d 0 C x O X N G V m (D r a) U7 � m (D ro �' n m u w rn CD N ro _ _ 07 O 67 cl W 1 .P ap N V W W W f0 - A co ( O R P [D O C57 W A [O U7 N O Ul N A 4s - O W N Oa W 3 N {n O 0 €V al (D V s Cn O N O O �I O fV �1 W n O 0 0 0 O 0 r 0 m 0 O Q O 0 0 0 Cl) 0 (c 0 0 0 Ul 0 Page ? of 1 i `' P Janice Talbuo m Contu,,nce of Dragovich hearing From Jeffirey Kimmell To: Date: 10/12/2009 11:58 AM Subject- Contuance ofDragovich hearing Janice: Thank you for your call today. As we discussed, ) reperesent the petitioner, Steve Dragovich, in his request to have his property rezoned with a special exception (Sill# 09 -60). We are requesting that the October 12th Common Council Hearing for the special exception be rescheduled to the November 9th meeting. Please let one know if this request for a continuance will be approved, or if you need anything additional. Thank you. Jeff Kimmell 232 -7410 i I z� 'E CITY W, REND, R file: /lC:\Documents and SetEingsl3TALBOOMTocal SettingslTc plXPgrpwise14AD319... 10/12/2009 Y .. o RESOLUTION NO. WHEREAS, Indiana Code Section 36- 7- 4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36- 7-4- 918.6; and WI-JEIREAS, 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, RE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH REND, IND ANA as follows: SECTION 1. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 616 N. St. Peter Street in order to permit a special Exception to allow a group residence in the MF I District for up to 5 unrelated people. SECTION 11. Following a presentation by the Petitioner, and after proper public hearing,. the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk, SECTION III. The Common Council of the City of South Lend, 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; The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21 -09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. 1 ° Jl-* � f Member of the Common Co it n ®PC 0r-' ?jrj'PY for Nbl,`a F(e AAA on NOT APRON - 10 Filed In Clare's O!G AUG 1 1 2009 JOHN WOKE VlYCLERK, M BEIND, IFS, ADOPT Stephen Dragovich 616 N. St. Peter St. South Bend, Indiana 45517 August 11, 2009 Council Members, c ,7 , 9A ) I respectfully request a special uad to allow a group residence in the MF1 district for up to 5 unrelated people. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; due to the overwhelming like use already prevalent within my block. A concentration already exists of student housing; so my property is landlocked by these MF1 properties. In addition, the proposed use will not be injure or adversely affect the use of the adjacent area or property values therein; once again, I'm landlocked by MR zoned houses which can only benefit from my rezoning to MF1 with special exception. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and therefore my request, given the concentration of student housing within the near northeast side neighborhood, is a consistent use of property within my district. T he proposed use is compatible with the recommendations of the city of South Bend Comprehensive Plan from a practical perspective. South Bend has identified MF1 districts within its geographical city limits. I live in a designated MF i district so I only respectfully ask for your favorable consideration of my request. Respe��lly, � r f� Stephen ®ragovi According to aerial photos, the front lot line runs along the east side of the sidewalk. The residence is set back approximately 1S' from the West, front lot line and sits approximately 425' from the East, rear lot line. The residence is set approximately 2€7.5' from the North, side lot line and 8' from the south, side lot line. r 1: afs County Parcels Rec PARCELID NAME_1 MAILINGADD MA[LINGCIT ING MAILIN€ GZIP PROP_RDDR 816 SOUTH BEND 1 018- 5031 -1106 B ROADWAY EMMA 816 South Bend Av South Bend IN 46617 AV. ^621 NOTRE DAME 011-51 LEGACY SQUARE DEVELOPMENT LLC 621 Notre Darne Ave South Bend IN 46617 AVE VAG LOT 18 ALMOND 18 - 531 -1110 1 3 GROSS & COHEN NOTRE [SAME LLC 374 Old Montague Rd Amherst MA 1002 CT. 4101B-5031-1116 LIVET AFRICAN METHODIST EPISCOPA &CHURCH 719 N Notre Dame Av South Bend IN VAC LOT 17 ALMOND 46617 C 5 018 -5032 -1154 WENS HEATING COMPANY 1115 Fremont South send IN 46628 743 SOUTH BEND AV 6 018- 5032 -1155 BLUE & GOLD HOMES LLC 51524 BRIGHTON CT PO Sox 232 Granger IN Mishawaka IN 46530 749 SOUTH BEND AV 46546 755 SOUTH BEND AV AJP REAL ESTATE 7 018 - 5032 - 115601 GROUP LLG L RUST NUMBER 753 SOUTH BEND AVE 8 018- 5032 -1156 AUDREY RICHARDS TRUSTEE 753 South Bend Av South Bend IN 45617 753 SOUTH BEND AV ORTHEAST NEIGHBORHOOD 9 018- 5032 -1153 REVITAL- IZATIQN ORGANIZATION iNC 803 Linton Way W South Bend IN 46616 741 SOUTH BEND AV ARCELLO 10 018 -5031 -1095 SALVATORE AD MARISA 735 E Sarin South Bend IN 46617 735 SORIN 11 018 -5031- 110401 FEINGOLD RICHAR STANLEY 1011 E Danmoyer Ave South Bend IN 46614 813 SORIN 617 NOTRE DAME 12 018 -5€131 -1127 EGACYSQUARE DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 AVE 13 018- 5031 -1126 LEGACY SQUARE DFVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60523 VAC LOT 33 SORIN 18075 Roosevelt Rd South Bend IN 46614 VAG LOT NOTRE DAME AVE ZIMMFR WILLIAM L & 14 018 - 5031 -1125 JULIA A 15 D18- 5031 -1104 KIMBLE CARL J & ANNA 840 N Ironwood Dr South Bend IN 46615 VAC O 33 NOTRE 16 018 - 6031 -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 NOTRE DAME. DU LAC 224 FLANNER HALL Notre Dame IN 46556 713 N NOTRE DAME AVE 19 018- 5025 -0867 GROSS & COHEN NOTRE DAME II LLC 374 Old Montague Rd Amherst MA 1002 802 SORIN 20 018 - 5025 -0669 GROSS & COHEN NOTRE DAME II LLC 374 OI Montag ue Rd Amherst MA 1002 810 SORIN 2 1 018 -5025 -0870 GROSS & COHEN NOTRE DAME 11 LLC 374 Old Montague Rd Amherst MA 1002 8 4 SORIN 22 018 -5025 -0871 HARRIS VELMA J 818 SORIN ST South Bend IN 46617 816 SORIN TTON LE ROY JR. 53307 Peggy Ln South Bend IN 46635 822 SORIN 23 018 -5025 -0872 AND HELEN J. BETSIAFA PATRICIA ANN & DOUGLAS K 224 N Sunnyside Ave South Bend IN 46617 828 SDRIN 24 018 -5025 -0873 IGROSS & COHEN NOTRE DAME ii LLC 374 Old Montague Rd Amherst MA 1002 828 50REN 25 018- 5025 -0874 ONER ROSIE L`SEE 834 E SORIN South Bend IN 46617 834 SORlN 26 018 -5025 -0875 TRANSFER NOTES' 27 016- 5024 -0846 GILLIS PETER F III 31B N Lafayette Blvd South Bend IN 46601 719 MINER GROSS & COHEN NOTRE DAME II LLC 374 Old Montague Rd Amherst MA 1002 636 SORiN 28 018 -5025 -0876 GROSS & COHEN DAME LLC 374 old Montague Rd Amherst MA 1002 630 N 5T PETER 29 018- 5031 -1097 NOTRE HILL BERLEANE 729 South Bend Av South Send IN 46617 729 SOUTH BEND AV 30 018- 5035 -1239 31 018- 5031 -1917 COLLINS KATHALEEN B12 Almond Court South Bend IN 46617 812 ALh1iDND 32 018 --5031 -1118 REESE JOHN & OTHA L 51545 Autumn Ridge Granger IN 46530 816 ALMOND 33 018 -5031 -1119 WILLIAMS GILBERT L JR 1205 Campeau r South Bend IN 46617 820 ALMOND 34 018 - 5031 -1120 OE RS KEITH FLW 20601 Roosevelt Road South Bend IN 46614 824 ALMOND CT. GROSS & COHEN DAME LLC 374 Old Montague Rd Amherst MA 1002 606 PETER 35 018 -5031 -1103 NOTRE OUGLAS CLINTON i0 PO Box 8265 South Bend IN 46680 727 SOUTH SEND AV 36 Qi 8- 5035 -1238 LEGACY SQUARE DEVELOPMENT LLC 38 5 Blaine Ave Hinsdale iL 6052 # 823 S OR1N 37 01 B- 5031 -1129 GROSS & COHEN NOTRE DAME LLG 374 Old Montaque Rd Amherst MA ER 1002 6 NOTRE 38 018- 5031 -1093 DAME 39 018- 5031 - 113001 LEGACY SQUARE DEVELOPMENT LLC 38 S Blaine Ave Hinsdale lL 60521 AVE GROSS & COHEN NOTRE DAME LLC 374 Old Montague Rd Amherst MA 1002 6 16 SOUTH 40 016 -5031 -1102 BEND 41 018 -5035 -1249 HOLMER THOMAS 716 South Bend Av South Bend IN 46614 718 SOUTH BEND 42 018-5035 -1250 JDS PROPERTIES LLC 17642 PARRISH CT South Bend IN 46635 AVE. GROSS & COHEN NOTRE DAME LLC 374 Old Montague Rd Amherst MA 1002 613 ST PETER 43 018 - 5031 -1092 GROSS & COHEN NOTRE DAME LLC 374 Old Montaque Rd Amherst MA 1002 614 N ST PETER 44 015- 5031 -1101 724 SOUTH BENGI OUSING AUTHORITY OF SOUTH SEND 5(11 5 Scott St South Bend IN 46613 A 32 45 018- 5035 -1251 SOUTH SEND 46 018 -5035 -1252 FAiRMDNT HOMES P.0 Box 27 Nappanee IN 46550 AVE SOUTH BEND -VAC EDNEGO ALEX & 5023 Selkirk Dr South Bend IN 46614 LOT AV 47 018 - 5035 -1237 LEOMI 705 NOTRE DAME ATERNOWSKI PHILIP C & CAROLYN 21387 Mays Dr South Bend IN I 46628 AV. 48 018 - 5031 -1122 ZIMMER WILLIAM L & 18075 Roosevelt Rd South Bend IN 46614 629 NOIRE DAME 49 018- 5031 -1123 JULIA A 018 -E031 -1089 BU€d€BACA FILIPPO 1707 So Bend Ave South Bend 1N 46637 740 SOUTH BEND AV SCHIRRIPA ANTHONY A 2323 Riverside Dr South Bend IN 46616 626 N ST PETER 51 018 -5031 -1098 AND THERESE NORTHEAST NEIGHBORHOOD REVITALIZATION 52 018- 5032 -1152 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 LLG 38 S Blaine St Hinsdale IL 60521 BEND AV 018- 5031 -1096 RLC INVESTMENTS LLG 38 S Blaine St Hinsdale IL 60521 AV 81 2 E 55 S BEND 56 018 - 5031 -1105 ROBINSON DAVID A 814 South Send Av South Bend IN 46617 AV. NEIGHBORHOOD REVITALIZATION ORGANIZATION INC% SOUTH BEND HERITAGE 57 018 -5035 -1240 FOUNDATION 803 LWW South Bend IN 46616 731 SOUTH BEND AV NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC% SOUTHBEND HERITAGE TURNOCK ST 58 018 - 5035 -1241 FOUNDATION 803 LWW South Bend IN 46616 VAC LOT ALMOND VA 59 018 - 5031 -1107 BROADWAY EMMA 816 South Bend Av South Bend IN 46617 CT. 0 VET AFRICAN ETHODIST AND 60 018 - 5031 -1113 EPISCOPAL CHURCH 719 N Notre Dame Av South Bend IN 46617 719 NOTRE DAME AV 605 NOTRE DAME LEGACY SQUARE 61 018 -5031 -1130 DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 AVE 62 018 - 5031 -7094 MANTA MARIO E 50929 Mulholland Dr South Bend IN 46628 605 N ST PETER 63 WRIGHT SAMUEL LEE 018 -5031 -1091 %CUSTOM MASONARY Po Box 11645 South Bend IN 46634 617 ST PETER 64 pRAGOVICH JOHWMISC 314 E Peashway South Bend IN 46617 616 N ST PETER I jai \ \ \ \ 2 / \ .§ T g 10 -yjJyd c \ -..[ |at \� as ks , a' AREA BOARD OF ZONING APPS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 F x: (574) 235 -5541 September'), 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 ABZA 912109 Dear Council Members: The above referenced petition of Stephen Dragovich was legally advertised on August 16, 2009, The Axea Board of Zoning Appeals gave it a public hearing on September 2, 2009, at which time the following action was taken: Upon a motion by Mr. Urbanski, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception for a group residence for up to five unrelated people, on property located at 616 N. St. Peter Street, I's sent to the Corm Council with No Recommendation. The deliberations of the Area Board of Zoning Appeals and poizats considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, , , �a --41- Charles C. Bulot Building Commissioner CCBlcab %7i2«GOV'�CE= Sr' C;AL F CEPTiQh PL7RS1-jmNT 21- AREA BOARD OF ZONING APPEALS FrNDTN OF FACT 1 . BE INJURIOUS TO THE. PUBLIC HEALTI -3, SAFETY', COMFORT, THE PROPOSE USE V'ILI NOT COMMUNITY MORAL STANDARDS, CONWENTIENCB OR GENERAL WELFARE BECAUSE: N was in the Board's opinion ctinb and The evidence presented the Area th Area Board of Zoning Appeals mtin eeg further inconclusive. Therefore, the Board is of the opinion that the Council would be iv, a better position to hear fuurther clarification and more evidence on this petition. 2. THE PROPOSED USE WILL NOT INURE OR AD\/FRSFLY AFFECT THE USA OF THE ADJACENT AREA OR PROPERTY \/ALUES TI°IEREIN BECAUSE: �. TI IE PROP05ED USE ti TILL BE CON SISTENT 1RFITH TI IE CIiARACTI R OF TIDE DXSTRICT IN W1ICH IT IS LOCATET7 AND THE LAND USES AUTI- IORIZED THEREIN BECAUSE: 4, THE PROPOSED LISE IS COMPATIBLE WITH THE RECC)N4MEWDATI0NS OF THE CITY OF SOUTH BEND COn4PREHE'NSIVE PLANT BECAUSE: CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Spacial Exception shall be passed onto the Cite of South Bend Common Council with: No R_ COI1 MENDATION- ADOPTED this 2ND Day of August, 2009 YES NO ® MIC14AFL URBANSKI ,aBSENT RANDALL MATTHYS ® .TACK YO13NG ABSF-NT JACK HICKEY ® OFRA.LD PTEPPS ® ROBERT HAWLEY z IoF- VELLEMAN John W. Byorni Executive Drector Larry P. Magliozzi ,assistant Director Phone 574 235 -9571 August 26, 2009 1 , 40 Cacunty -City Building South Bend, indiana 46601 vrww.stiesephcoti ntyirn diana,comlareaplan Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: Fax 574 235 -9813 L The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday September 2, 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 value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and (3J the strict application of the terms of this Chapter would result in practical difficulties in the use of the property Chapter. 1. The petition of Del M. Hensley The Staff recommends denial of the requested variance for an accessory structure without a primary structure. By definition, an "accessory" structure cannot exist without a primary structure. Accessory structures without primary structures may tend to convert to, and be used for, non - residential uses. In the past, the Board has occasionally allowed an accessory structure when if was the intention of the petitioner to build a house and the accessory structure was used to store materials and equipment. In this case, the petitioner does not intend to build a house on this property. It appears that it is the petitioner's intention to build a personal storage building in the midst of a single- family area in which he does not reside_ 2. The petition of vihie mason and Illusion Salon Sips. The Staff recommends denial of the height variance. The request for 25' in height is more than 3 times the allowed height of 8% a 212% increase. Variances for increased size undermine the intent of the sign ordinance, and requests should have a clear relationship to unique site conditions beyond the petitioner's control. When the new sign ordinance was passed in 2004, the intent was to: "eliminate excessive and confusing sign displays; maintain and improve the appearance of the City of South Bend as an attractive place in which to live and conduct business; and safeguard and enhance property values by minimizing the possible adverse effects of signs on nearby public and private property". This sign would be a visual barrier and distraction to the busy intersection at Ironwood and Edison Roads, and may very well shield the building and sib at the southwest corner of the intersection. Serving South Bend, Lakeville, NCIN Carlisle, Narth Liberiy, Osceola, Roseland and St. Josephs County, indiana 6, Thee petitoa of Lair°y J ©e aind R rsal €e A McCay and Doualld & Cynthia L. McCaya The Staff rccommends approval of all variances. This configuration seems to preserve the largest amount of agricultural land. Due to the location of the existing houses, the Staff has no abjection to the frontage variance. 9. The petition of Noah VarBnak, Town of New C3eWe. The purpose of setbacks is to insure that structures do not negatively impact the use and enjoyment of adjacent properties. In this case, the adjacent property is a public right -of -way, with the maintenance of that right -of -way the responsibility of the Town. Having a structure on the property line will require extra diligence, and exposed liability, on the part of the Town at the time that the alley is re- graded or perhaps eventually paved, to insure that no damage occurs to the structure. 10. The petition of Auto Zone. The Staff recommends denial of the variance. This property in within INDOT's construction area for the State Road 23 road project. Since the entire site is being redesigned, no hardship exists. It is possible to design the site and maintain the 15' front yard setback. Only 26 parking spaces are required (3.5 spaces per 1,000 square feet of retail space), yet 46 are provided; more than double. If the 10 spaces within the front setback were eliminated, a variance would not be needed and the number of parking spaces required would have been met and exceeded. The maneuvering aisle width required is 24'; yet is being shown as 30'. An additional 6' would allow for a 11'6" front yard. The building could be moved the additional 3'6" to the north and a variance would not be needed. 12. h petition of portage Manor. The Staff recommends denial of the variance. The placement of the new sign is clearly visible and the recently completed new intersection will help to identify the entrance. While visiting the site there were no perceived obstructions to viewing an appropriately sized sign. izre proposed sign will be 225% taller and 335% larger then allowed. When the new sign ordinance was passed in 2004, the intent was to: "eliminate excessive and confusing sign displays; maintain and improve the appearance of the City of South Bend as an attractive place in which to live and conduct business; and safeguard and enhance property values by minimizing the possible adverse effects of signs on nearby public and private property "- Special dfxce tionn Use: 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 vise 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 chorocter of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible witb the recommendations of the (St. Joseph County and City of South Bend) Comprehensive Plan. 15, The petition of Pedro, Veroun ca mind Lashon GurR7019L. The Staff recommends that the Special Exception Use be sent to the Common Council with a favorable recommendation subject to the use as defined in this petition with regards to the number of residents, the type of residents, and the type of services provided_ The description of the proposed use appears to meet the standards for granting a Special Exception. iho `i']he petition. of IE'4N1 , 9 and Jacquelyn Ru ckzro Thse properties are located within the Chapin Park Local Historical District and the Chapin °ark e National Register District. The Historic Preservation Commission identified the house located at 309 Marion as a contributing structure in 2005 and therefore the house cannot be removed without the approval of the Historic Preservation Commission. The full comments from the Historic Preservation Commission are attached. Therefore the Staff recommends that the petition be tabled until the Historic Preservation Commission can fully review this petition. In the event that the petitioner does not want to table this matter, the Staff would recommend that this petition be sent to the Common Council with an unfavorable recommendation. 17. The petition of Taste of Mexico. Reviked petition, The Staff recommends that the Special Exception Use be sent to the Common Council with` a favorable recommendation. The Staffs approval of the front yard variance is subject to additional landscaping along Western Avenue. The City and the Western Avenue Steering Committee have been working to green the corridor and enhance the pedestrian environment. A low hedge plant would add a green buffer along Western Avenue but be low enough to not block site distance for safety. Staff would note that the north/sauth alley to the east was vacated in 2005, adding an additional 7' to Lot 927. The variance for maneuvering aisle width is no Longer needed. If the cast /west alley to the south will be used as ingress and egress from the parking area, the City Engineer requires it be paved from Kaley Street to the eastern boundary of the property. 18. The petition of Louis and Bonnie Smith and Walsh Constr ctiOn Corinpaary, The Staff recommends that the Special Exception Use be sent to the County Council with a favorable recommendation subject to the standards of Article 8.02.01.A.2.m. It appears this petition meets ' the size and setback requirements. The Staff is unaware if an indemnity agreement has been filed, a requirement prior to approvaL and construction of the borrow pit. 19. The petition of Stephen DragOvielr. The Staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. It is the long -terra goal of the Northeast Neighborhood Council to return the neighborhood to single family uses_ The projected land use plan in the Northeast Neighborhood Development Area Plan (2003) identified this block of St. Peter Street as single family home ownership preservation. Granting a special exception allows a group residence permanent status. The other legal non -- conforming "boarding houses" on this block will revert back to single family homes if the non- conforming use is inactive. The property is pending rezoning to MF 1. The rezoning will be heard at the September 15, 2009 Area Plan Commission meeting. Sincerely, Christa Nayder Planner Area Board of Zoning Appeals September 2, 2003 STEPHEN DRAGOVICH The petition of Stephen Dragovich seeking 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 "MF I", MR. KIMMEL PASSED OUT MAPS TO THE BOARD MEMBERS AT THIS TIME MR. JEFF 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 thinly 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 propel - ties 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 coning 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 erisnare 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 honing 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. NTo 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 on to the Connnon 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. URBANSIU: Area Plan would you like to respond to your recommendations? MS. NAYDER: The main difference between this proposal and the Douses 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 properly 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 "SE1". It under the wa� to rezoning or a petition has been filed to have it rezoned to "MM ". It is on the agenda for the September 15 Area Plan Commission meeting however we have not gotten the ownership clear title yet. So just to mare sure that these two go together if you give a favorable or unfavorable recommendation that it is contingent upon the "MFI" rezoning because without the "MFI" rezoning you can't even have an apartment in "MM ". 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 rental type use. MR. PHIPPS: How many would you be allowed to have under "SF27 MR. LYONS: You would be allowed two under the "SE2" 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 lilted to raise a family. MR. PHIPPS: It may be 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. Just 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 there 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 away 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. REDDER: There's always the option of no recormnendation and put the burden on the actual people that are going to snake 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 PEINGOLD: 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. MONSTRANCE 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 mealy 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 carne 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 Dante 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 Cormxrons 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 lalow Steve's Parents. I ant 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 1465, 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 Zonizig 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 It 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, Chuck 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. \ 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 13 Peter Street and nobody here lives on St. Peter Street as they refer to it as ked about party row. That's where he is. They may be around it. He's stuck in the middle of it. They tal 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 s ome 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 plamied 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. 1 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 apaitment buildings on the comer 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 tune. 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 Z 2000 house running there. I welcome anybody here to come see my home. I've restored it. It's beautiful. I plared on living in the horne and I'm certainly not going to rent it to a bunch of animals that's going to tear it rn up. I mean, I can't speak for all of these other landlords but I know howl will tend to my properly. 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 there. 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 thirik 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 Cori non Council with No Recommendation is made by Mr. Urbanski and seconded by Mr. Hawley. MR. PHIPPS: I guess nay 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 reconua�endation 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 i ame students s turned over essentially to a large numbers of Notre D 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 Imow 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 in the woods and they got turned down. And somebody from In.dianapolis...I a month rentals by Notre Dame 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 wasrn'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. FFDDER: 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. Urbanslci 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 Rccommendation. 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 WI` TI NO RECOMMENDATION U RESOLUTION NO. .A RESOLUTION OF THE COMMON COUNCIL OIL THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHfN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1710 North Sheridan Street AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Hoosier Tank and Manufacturing, Incorporated WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1710 North Sheridan Street, South Bend, Indiana, and which is more particularly described as follows: Parcel of laud beginning approximately 889.84 feet south and 40 feet east of NW i /4 SE' /a and known as Gibbs Wire and Steel Company, Inc. minor sub section 33 -38 -2E cont appx AC and which has Tax Key Numberl8 -2184- 693803 presently, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 121, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as .m Econoi�nic Devitalization A—ea. NOW, THEREFORE, BE IT RESOLVED by the Corm - non Council of the City of South Bend, Indiana, as follows: SECTION 1. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1- 12.1-4.5 et M., that: a. The estimate of the cost of the new rnanufacturil equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common. Council directs the City Cleric to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. 2 SECTION VII. This Resolution shall be in fall force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Cou'ci1 . Z! Co unlit a c oii on till is'.5'de. P, L I;;: H c t D [ L - � `I -0 � OflICP Hed In CterK. 7 uN. 1200 COUNTY -CITY BUILDING 227 W JEEEEUoN BOuLFvARU So= BEND, INDIANA 46601 -1830 PHONE 574/ 235 -9371 FAx 5741235 -9021 TDD 5741 23 5 -5 567 CITY OF SouTH BEND - STEPHEN J. LUECKE, MAYOR COMMUNITY ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR November, 24, 2009 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: HOOSIER TANK AND MANUFACTURING, INCORPORATED Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a personal property tax abatement petition for the above - referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the acquisition and installation of various kinds of used equipment and machinery as well as a new powder coating system to be located at 1710 North Sheridan Street. All of the used equipment will come from outside the State of Indiana. The report contains the Department's findings relative to the above petition. The total cost for the equipment is estimated at $950,000. The project meets the qualifications for a (5) five -year personal property tax abatement and a representative from Hoosier Tank and Manufacturing will be available to meet with the Committee on Monday, December 14, 2009. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -5835. Sincerely, i Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney COMMUNITY DHVELOPMENT ECON6MIC DEYELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 5741235 -9660 574/235 -9371 ELIZABETH I.,EONARO FAX: 5741235 -9697 5741235 -9371 1200 CouNIY -CITY BuiLDINc 227 W. JEFFERSON Bout,EV.A m SOUTH BEND, INDIANA 46601 -1830 PHONE 574/235 -9371 FAx 5741235 -9021 TDD 5741235 -5567 CITY OF SouTI-I BEND STEPHEN J. LUECKE, MAYOR OMMUNiTy ArECONOMIC DEVELOPMENT JEFFREY V GIBNEY EXECUTIVE DIRECTOR T24XABATE REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: ROOSTER TANK AND MANUFACTURING, INCORPORATED DATE: NOVEMBER 24, 2009 On November 18, 2009, a petition for personal property tax abatement consideration for property located at 1710 North Sheridan Street was filed with the City Clerk by Hoosier Tank and Manufacturing, Incorporated. Pursuant to Chapter 2, Article 6, Section 2 -84.2 ofthe Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to 1.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition, investigated the area, and makes the following report. PROTECT SUMMARY Hoosier Tank manufactures air pressure reservoirs for OEM truck and trailer manufacturers nationwide and internationally. They perform metal forming, welding and painting operations to make tanks that can hold air and other gases under pressure. The company has the opportunity to purchase the assets (machinery, tooling, etc.) of a large competitor located in Missouri. The company also wants to install a state of the art powder coat system. This additional equipment will allow increased production to accommodate the company's increased customer base. It will also position Hoosier Tank to be the leader in their industry and to be ready for the economic upturn ahead. The equipment to be purchased is made up of various metal forming and metal working machines including laithes and hand welders, resistance and robot welders and seamers, testers, various head and COMMUNITY DEVELOPMENT ECONOMFC DEVELOPMENT FINANCIAL & PROGRAM PAMF. A C. MEYER DONALD E. INKS MmAGtMEN'r 5741235 -9660 5741235 -9371 L'LIZABETH LEONARD FAX: 5741235-9697 5741235 -9371 South Bend Common Council RE: Tax Abatement for Hoosier Tank and Manufacturing, Incorporated November 24, 2009 Page 2 bracket dies and a powder coating system. The equipment coming from the competitor is used and all of it will come from outside the State of Indiana. The powder coat system is new. The total estimated cost of the equipment is $950,000. Total taxes to be abated during the (5) five -year abatement period are estimated at $17,243. Total additional taxes to be paid as a result of the project during the five -year abatement period are estimated at $48,141. EMPLOYMENT IMPACT Per the petition, it is estimated that the project will create six to ten (6 — 10) new, permanent full -time positions with an annual payroll of $200,000 to $335,000. The project will also maintain fifty -two (52) existing permanent full -time positions with a total annual payroll of $1,800,000, ABATEMENT QUALIFICATION A review of the tax abatements previously granted, finds that the petitioner has been associated with or granted the following previous abatements: Terra/ Resolution No. Date 5 year personal property 2013 -93 2/22/1993 5 year personal property 3213 -03 7/28/2003 10 year real property 3234 -03 8/25/2003 5 year personal property 3843 -05 (Reconfirm & Inc.) 612712005 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for personal property tax deduction must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No, 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year personal property tax abatement under section 2 -84.2, Tangible Personal Property Tax Abatement. 0 0 0 0 0 O o O N N Cfl N d' O m €f) O O Lo L) O N I- r M m Iti N N Lf3 O CO C7J N (0 m C\ to m: co co lf7 N d N '�i co t C D t m N U O �Y r , 0 Ln O � 0) t7 N o C3 0 0 0 o CO N L -@ f� r r Cl) Lr C C 0) N O (fl O o Lo ( L!) C? d" O lf7 CO O d O N NN v- .O co .off. Cc Co O V V CD � 0 Ln O � r-- m <0 N L6 0 o m O 0 0 O L co N f� h c cf) O co O (fl O o N O co L!) C? lf7 CO O ``) ,a) ET m Q) (6 O r 0 N m m CP N V CD � 0 Ln O � C all C� N �t' oz D? M Ln co m 00 it U m U }� m ° V °) >> M [C x f` 1` Y- m U Y cm M 0 M Q) � U ca m' cn I O �� Li O q Lf! Lo 'C3' in m a)m � to E < Q m "V M � � �c Lo It O N m ~ LL �t M CO r CD 0 o N O r- in It V 't m CO ti m N m o o o In O 0 o N O 0 0 0 Co C) LSD O O LC) 0 Lo O m d 'T V c cf) O m m o L O C9 C7 O 0) L- V LL } M N ``) ,a) ET m Q) 00 m cc Lo C all C� Q m m > it U m U m ° c U °) >> C o [C x d m U Y o o 7E o a m p m N Q) � U ca m' cn I O �� Li O q Lf! Lo 'C3' in m@ a)m � to E < Q X m-- 0❑ Q Z c4Q m U C[ E �U cn 10 U5 U t Q a) C x O O o L0 C� U O 1— ui (oo*) Q oo m eN > U Q a N U N E Ul Q Z Q 0 � c m E m "V M � � �c Lo It O N m ~ LL �t M CO r CD 0 o N O r- in It V 't m X C m 0 m 0000 0 x ooc m 7 r N m 'q Ln 0 0 O d' C) Ln 4+0 o CO ti m N C x O N E- U W d 'T V U w . W K ,a) ET m W r-- Lo m co V 0: � n d F- M co V o co X C m 0 m 0000 0 x ooc m 7 r N m 'q Ln 0 0 O d' C) Ln 4+0 o mim x X L � F.. L N C � U n � C :fl � x o m � m -o � C C � U C D N � j � a � c m o � V)) m Uy U 0 m Q N � A C � O � N v O a y Iv � T 7 � m U H E- U W a 'C7 Cil C all Q m m > it m U m ° c U °) >> C o [C x X m U Y a m p m N U ca m' cn n m N U) N in m@ a)m � to E < m-- 0❑ Q Z c4Q m U C[ E �U cn 10 U5 U t Q a) U a m i .. Q C� U mim x X L � F.. L N C � U n � C :fl � x o m � m -o � C C � U C D N � j � a � c m o � V)) m Uy U 0 m Q N � A C � O � N v O a y Iv � T 7 � m U H STATEMENT OF BENEFITS PERSONAL PROPERTY State Form 51764 (P 11-06) Prescribed by the Department of Local Government Finance INSTRUCTIONS: Fi l e d a" I�i�lll �i Ci !ut�� F - � FORM SB "l I PIP L PRIVACY NOTICE I The cost and any specific individual's salary information is confidential; the h8lance of the filing is public record oer IC 6.1.1- 12,1 -5.A (c) and (d). 1, This statement must be submitted to the body designating the Economi :—Vital (a4ef- s Baring if the designating body requires Rz information from the applicant in making its decision about whether to designa a an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and /or research and development equipment, and /or logistical distribution equipment and/or information technology equipment for which the person wishes to claim a deduction. 'Projects" planned or committed to after July 1, 1 987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to instaliation of the new manufacturing equipment and /or research and development equipment and /or logistical distribution equipment and /or information technology equipment, BEFORE a deduction may be approved 3. To obtain a deduction, a person must file a certf ied deduction schedule with the person's personal property return on a certified deduction schedule (Form 103 -ERA) with the township assessor of the township where the property is situated. The 103 -ERA must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment and/or research and development equipment and /or logistical distribution equipment and /or information technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March 1 and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved after ,Lune 30, 1991, must submit Form CF -1 / PP annually to show compliance with the Statement of Benefits. (IC 6- 1.1.12.7 -5.6) 5. The schedules established under 1C 6 -1, i 12.1- 4.5(d) and (e) apply to equipment installed after March 1, 2001. For equipment installed prior to March 2, 2001, the schedules and statutes in effect at the time shall continue to apply. (IC 6-1. 1-12,1-4.5(0 and (g)) �7 Name of taxpayer Hoosier Tank and Manufacturing Incorporated Address of taxpayer (number and street, city, state, and ZIP code) 121.0 North Sheridan Street....- Soutb Bend, IN 4662- Name of contact person Telephone number Sue A. Kinnucan 574 - 232 -8368 Name of designating body Resolution number (s) Common Council of the City of South Bend Location of p e rq�ny DLGF taxing district number YM No. Sheridan St. South Bend t. Joseph Portage Description of manufacturing equipment and/or research and development equipment ESTIMATED and/or logistical distribution equipment and/or information technology equipment. START DATE COMPLETION DATE (use additional sheets if necessary) Manufacturing Equipment 1 1- 3 0-0 9 11 -30- 1 1 Asset purchase of Quest Manufacturing; see attached. Also, installation of a R &o Equipment new, state of the art powder coat systeM Logist Dist Equipment IT Equipment Current number Salaries Number retained Sataries Number additional 210,0s, 00 0 to 52 1 800 000 52 8 0 0 ... 0.0-0.. 6 - 10 �335— i fl w MANUFACTURING R 8 D EQUIPMENT LOGIST DIST IT EQUIPMENT NOTE: Pursuant to lC 6 -1,1 12.1 -5.1 (d) (2) the EQUIPMENT EQUIPMENT COST of the property is confidential. COST ASSESSED COST ASSESSED ASSESSED COST ASSESSED COST VALUE VALUE i VALUE VALUF Current values O Plus estimated values of proposed project U 0 0 0 3 7 5 00 Less values of any property being replaced Net estimated values upon completion of projacL 63 1 122 9 0 6 l• B! a r" Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other"Rftlacing our current paint system with the new powder coat line' will reduce our VOC emmissions by 99 %. I hereby certify that the representations in this statement are true. Signature eFauEhorized repr a ative Title Date signed (month, day, year) � i Fr Controller 11 -16 -09 We have reviewed our prior actions relating to the designation of this economic revitalize €ion area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6- 1.1- 12.1 -2.5, provides for the following limitations as authorized under IC 6- 1.1- 12.1 -2. A . The designated area has been limited to a period of time not to exceed calendar years , (see below). The date this designation expires is B . The type of deduction that is allowed in the designated area is limited to: []Yes ❑ N o 1. Installation of new manufacturing equipment; 2. Installation of new research and development equipment; ❑ Yes [] N o 3. Installation of new logistical distribution equipment. Yes ❑ N a 4. Installation of new information technology equipment; ❑Yes ❑ N o C. The amount of deduction applicable to new manufacturing equipment is limited to $ cost with an assessed value of D. The amount of deduction applicable to new research and development equ ipment is limited to $ ________ ___ ___ cost with an assessed value of $ ------------------ -- E .The amount of deduction applicable to new logistical distribution equipment is limited to $ cost with an assessed value of F. The amount of deduction applicable to new information technology equipment is limited to $ cost with an assessed value of G, Other limitations or conditions (speciry} H. The deduction for new manufacturing equipment and /or new research and development equipment and/or new logistical distribution equipment and/or new information technology .equipment installed and first claimed eligible for deduction on or after July 1, 2000, is allowed for: ❑ 1 year ❑6 years " For ERAS established prior to July 1, 2000, only a ❑ 2 year's ❑ 7 years 5 or 10 year schedule may be deducted. ❑ 3 years ❑ a years ❑4 years ❑9 years ❑ 5 years " ❑ 10 years Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. (signature andlitie by, Telephone number Date signed (morrih, day, year) DeSignated body * If the designati deduct on to e umber period o years esignated under IC 6-1.1-12,1-4.5 f during economic ta area, it does not limit the length of time a taxpayer is fled Items that have already been put in service are crossed out EXHIBIT A EQUIPMENT DESCRIPTION NOTES P RESS � RO- 8 STATION 30 TON, MODEL It OCTO -334, FANUC en ran n inicu nn�nr VV CONTROL WYSONG ROLL 5', INITIAL PINCH WYSONG ROLL 4', INITIAL PINCH PUNCH PRESS WIPOWER UNIT 32" X 4' PLATEN,WISPARE PARTS PRESS WELD LAITHE SPARE MACHINE NO POWER UNITS SEAMER SCIAKY RESISTANCE WELDER I4ST- 200 -36 -5, 200 KVA, SINGLE PHASE SCIAKY RESISTANCE WELDER #EPTQ.3 -91- 250 -12, 250 KVA, 3 PHASE HAND WELDER APMCO5STMP, 400 KVA, 3 PHASE., REBUILD W1 SCIAKY RESISTANCE WELDER TRANSFORMER 2007 #EPTQ.3 -63- 200 -30, 20D KVA,3 PHASE, NEW SCIAKY RESISTANCE WELDER TRANSFORMER 2007 UNITED RESISTANCE WELDER 300 KVA, 3 PHASE TAYLOR WINFIELD RESISTANCE WELDER #MSCB -30 UKD, 250 KVA, 3 PHASE FIM RESISTANCE WELDER 618 -124, 150 KVA CRANDO STYLE SEAMER WI PANASONIC 350 AMP PULSE POWER UNIT CRANDO STYLE SEAMER WI MILLER DELTAWELD 451 PRESS WIHYD POWER. UNIT. 4 MILLER DELTAWELD 300 COLLAR PRESS & WELDER POWER UNITS & FEEDERS 2 MACHINES OTC #AXCANI -0000. 400 AMP POWER UNIT, NEW IN ROBOT COLLAR WELDER 2006, W1 TOOLING PANASONIC #VR- 005A -Il, 500 AMP PULSE POWER UNIT. R0807 HEAD BRKT WELDER W112 "9.5' & 8" TOOLING TANK ASSEMBLERS 2 IkIHYDRAULIC, UNITS, W1, 8 ". 9.5 ", 10 ", 12" & 13" CHUCKS RUNS ASSEMBLERS &. SWEDGERS, 50 HP BALDOR HYDRAULIC POWER UNIT MOTOR W13000 PSI BOSCH PUMP LAITNES & NAND WELDERS WELD LAITHE W12 DELTAWELD 451 POWER UNITS WELD LAITHE W11 DELTAWELD 652 & 1 DELTAWELD 550 WELD LAITHE SPARE MACHINE NO POWER UNITS HAND WELDER DELTAWELD 450, 60 SERIES FEEDER HAND WELDER DELTAWELD 451, 60 SERIES FEEDER HAND WELDER DELTAWELD302, 6D SERIES FEEDER HAND WELDER DELTAWELD302, 60 SERIES FEEDER DELTAWELD302, 60 SERIES FEEDER TESTERS DETROIT HIGH PRESSURE TESTER ADJUSTABLE FOR 8 ", 9.6" & 12" STANDARD & LONG TANKS ADJUSTABLE FOR 8 9.5" & 12" STANDARD & LONG DETROIT HIGH PRESSURE TESTER TESTER TESTER + jE,n,B jE) e G L". HEAD JOGGLER PREHEAT OVEN POWDER PAINT GUN SYSTEM POWDER BOOTH OVERHEAD CONVEYING SYSTEM CURING OVEN TANKS SINGLE CHAMBER MULTI PORT SIDE BY SIDE FOR STD TANKS PROGRESSIVE MACHINERY # 2061. 10 GA X 4' VVI POWER UNITS &TOOLING WI POW ER UNITS & TOOLING DRI -QUICK GEMA OPTI- TRONIC, NEW 2005 BINKS SAMES #6- 800(3, 8000 CFM, 2 HOPPERS 360 €ee! with hooks every 18 inches GAS CAT INFRA RED, 30' o c* o EXHIBIT A Cont'd HEAD & BRACKET DIES 112" & 314" COLLAR 6" X 12 GA HEAD 6" X 14 GA HEAD 7" HEAD 8" HEAD 8" HEAD LONG FLANGE 9.5" HEAD 10" HLAD 12" HEAD 14" HEAD 1041 BRKT 1045 BRKT 1046 BRKT 9.5° STRAP 12" STRAP JIT LEG DIE JIT HEAD PUNCH DIE JIT ASSEMBLY CHUCKS 10" JIT HEAD DIE 10" BPW 13" ASSY CHUCKS W leg bracket die Hose Bracket Die All drawings, bills of material and customer records pertaining to tanks manufactured by the Seiler that were non ASME coded tanks. a CITY SOUTH i TANGIBLE 1. Describe the proposed project, including information about the new manufacturing equipment personal property (Aequipment @) to be installed, the amount of land to be used, if any, the proposed use of the equipment, and a general statement as to the value of the project to your business. In April., Hoosier 'lank purchased the assets (machinery, tooling, intellectual property) of their competitor, Quest Manufacturing. This increased the customer base and select equipment has been ut in service owder t nosier c Tank a superior coating that will open opportunities in new markets. 2. The project will create 6 -10 new, permanent jobs within the first year, representing a new annual payroll of $ (pnd will maintain 52 existing permanent full -tithe and 0 existing part -ulnae jobs representing an annual payroll of $ 1,800,000 . The projected annual salaries for each new position created are estimated to be as follows: 3. Estimate the total cost of the Equipment: $950,000 4. (a) The Equipment is owned or to be owned by the following individuals or corporations (if the business organization is publicly= held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST Hoosier `lank 1710 No. Sheridan South Bend IN Thomas Kinnucan Jr 51930 Juniper Rd South Bend, Ili 50% William Welsch 23750 Davis Lake St Edwardsburg, MI 50% (Revised 812102) (b)The following other persons lease, intend to lease, or have an option to buy this Equipment (include corporate information as required in (4)(a) above, if applicable): 5. Give a brief description of the overall nature of the business and of the operations occurring at the location for which tax abatement is requested: Manufactur of air pressure reservoirs for OEM truck and trailer manufacturers nationwide and internationaLly. We perform meta formin welding and p inting operations. 6. The commonly known address of the property where the Equipment is to be located is: 1710 North Sheridan str 7. The Key Number of said property is: 018 - 2184 - 693803 8. Attach the legal description of the property where the equipment is to be located, marked AExhibit A,@ and is hereby incorporated herein. 9. Attach a map and/or plat describing the property where the equipment is to be located, marked AExhibit B,@ and is hereby incorporated herein. 10. Attach photographs of the property, taken within 30 days of filing of this petition, marked AExhibit C,@ and hereby incorporated herein. 11. The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment is $ 0 (This information may be obtained from the St. Joseph County Assessors office 235 -9523) 12. The current use of the real property where the Equipment is to be installed is manufacturin and the current zoning is L -1 (use) and A (height and area). ('This information may be obtained from the Building Department 235 -9553) (Revised 812102) 2 13. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: R PROPERTY PERSONAL PROPERTY 2003 39,834.26 16,139.61 2 9 , 2 , 2006 44 173.67 12 2 1,799.17 5 2 (Y is informatio relay be'o tained from the St. Josep ®U easurers office 235-9531) 14. Describe the commitment made within the past five years by your firm to hiring minority individuals, including number of minorities employed during each of the past five years, specifying whether full time or part -time and whether permanent or temporary employees. The Petitioner shall also list the current number of total employees (full and part - time) and the current number of minority individuals (full and part - tune). numbers based on 12 -31 totals 12 -31 -04 24/66 36° minorities /total full time employees 12-31-05 22/28 0 12- 15. Describe on -site child care or day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. 16. What is your best estimate of the market value of the new Equipment after installation? S 950, (Revised $/2/02) 3 19. The Equipment has not been installed as of the date of filing of this petition. (The signature at the end of this Petition is verification of this statement) 20. The standard Industrial Classification Manual major group within which the proposed project would be classified, by number and description: SIC # 3443 - manufacturing of air pressure tanks 21. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: x#3440- fabricated structural metal products 22. The real property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: HQUsi er - Tank is currently located in the Airport Economic Development Area. 23. Other anticipated public financing for the project including, if any, industrial revenue - banding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana; or other public financial assistance, including but not limited to public works improvements. Funding for these projects has been obtained from the Industiral Revolving Fund and Old National Bank. 24. Describe how and why the manufacturing equipment to be replaced or the facility in which Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues: Hoosier Tank is not pro to =lace any equipment. This additional d to increase roduction and ualit for continued (Revised 8/2/02) 4 26. The following person(s) should be contacted as Petitioner =s agent regarding additional information and public hearing notifications: Name: Sue A. Kinnucan Address: 1710 North Sheridan Street City, State, Zip Code South Bend, TN 46628 Telephone: 574- 232 -8368 WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalisation area for purposes of tangible personal property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): Hoosier Tank and Manufacturing Incorporated By: �- (Signed Name) Sue A. Kinnucan, Controller /Treasurer (Typed or printed name and capacity of signor if signed by an agent or representative of the owner) (Revised 8/2/02) 5 Exhibit A Legal Description Par of land beg appx 889.84' So. & 40' East of NW SE % and known as Gibbs Wire & Steel Company, Inc. minor sub sec 33-38-2E cont appx AC Filed In U0 F uv 00 1 8 Z 1 07V 1 8 2 2- 7 a 1 s` Economic Expansion IL-istcry F !6 E + Ad m AUMIrl Brick _ F F� 11 pC ( 7 - t Clevel�arnd� . e 5 Old Cleveland Oriq r c Bt Ettd - 1 ; 2 Prow— E 1\ f — ° b�aaa. fEi� �r4F �!.. 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Res2456_Exp26_K12S 08 '"a Sonlh Bend t)epartmenf of 5nu1h Bend City Llmits R 06 pity 8 Economic ❑evelnpmenE Map of Hoosier Tank & Manufacturing (574) 232 -8368 Page 1 of I when using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. 1 his is only to lie used as an aid in planning. http: / /maps.yahoo.com /print ?mvt= in &ioride &tp - 1 &stx= &fcat= &fiat = &clat =... 11/24/2009 Map of Hoosier Tank & Manufacturing (574) 232- 8368 SOUTH BEND - - I TAG E FCC AE ION 803 LINCOLNWAY WEST SOUTH BEND, IN 46616 PHONE (574)289 -1066 FAx (574)289 -4550 November 20, 2009 John Voorde, City Clerk Office of the Clerk 227 West Jefferson B1vd.,Suite 400 S South Bend, Indiana 46601 �:;A� P( �00_0 Dear MT. Voorde, Attached you will find a petition to vacate a portion Kalorama Street west of Hill Street, the related Ordinance, envelops addressed and stamped for certified mail to all property owners within 150 feet of the right -of -way to be vacated, a check for the $150.00 filing fee, and the radius map provided by the City Engineer's Office. The proposed street vacation will allow for an in housing project on Hill Street, which is being carried out by the Northeast Neighborhood Revitalization Organization in partnership with the Madison Center. These entities own several lots to the north and south of the proposed vacation, which will be replated to allow for single - family home constriction. As planned, this project will make ten to fifteen developable lots available to builders and three to four of the new homes to be built will be reserved for low to moderate income households. This vacation will directly enable two additional building sites, increase property tax receipts to the City through housing development, and lessen the burden on the City to maintain a portion of a street that serves no functional purpose. The Board of Public Works reviewed the proposed street vacation, and no unfavorable recommendations were received from City departments. Please let me know if you or Council members have any questions regarding this matter. I L a`. Sincerely, Phil Byrd, Executive Director South Bend Heritage Foundation Northeast Neigh. Revitalization Org. Heighboiffi CHARTERED MEMBER AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF KALORAMA STREET FROM HILL STREET TO TIME FIRST NORTH /SOUTH ALLEY FOR A DISTANCE. OF 165 FEET, MORE OF LESS AND A WIDTH OF 34 FEET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36- 7W3 -12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: THE STREET TO BE VACATED IS A PORTION OF KALORAMA STREET FROM HILL STREET TO THE FIRST NORTHISOUTH ALLEY FOR A DISTANCE OF 165 FEET, MORE OR LESS AND A WIDTH OF 34 FEET. BEING A PART OF CEDAR HEIGHTS ADDITIONS, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Hereby determines that it is desirable to vacate said property. SECTION 11. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: LOTS 1361, 1362, 1363.61 AND 1363 SECTION IV . The purpose of the vacation of the real property is to conduct an infill housing project to benefit residents of the northeast neighborhood. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. k� Vj L ^ ( Jj- Member of the Common Cd6ncil Attest coundil City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of P 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 PUBLIC' HEAR Ra ' --4 READN(3 � Al"ROVED 9 EFERREQ PASSE,Q' CIT std bExD, PETITION T V ACATE PUBLIC RIGHTS- OF-WAY fSTREEjaj LL�YSi j p: W1 Elf JIM: BATE: November 13, 2009 A. THE ALLEY DESCRIBED AS: THE STREET TO BE VACATED IS A PORTION OF KALORAMA STREET FROM HILL STREET TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 965 FEET MORE OR LESS AND A WIDTH OF 34 FEET. BEING A PART OF CEDAR HEIGHTS ADDITION PORTAGE TOWNSHIP CITY OF SOUTH BEND ST: JOSPEH COUNTY INDIANA NAME (signed & printed) ADDRESS LOT 803 Lincoinway West South Bend IN 46616 1362 Phillip Byrd, Executive Director Northeast Neighborhood Revitalization Organization RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455 - COUNTY -CITY BUOLDINO SOUTH BEND, IN 46601 574- 235 -9221 CONTACT PERSON (S) NAME: Jeff Vitton ADDRESS: 603 Lincolnway West South Bend, IN 46616 Fil ed I II i "U,� m NOV 2 752L�oq "ne r; 6. The street to be vacated is a portion of Kalorama Street from Hill Street to the first North/South alley for a distance of 165 feet, more or less and a width of 34 feet- Being a part of Cedar Heights Addition, Portage Township, City of South Bend, St. Joseph County, Indiana. Legal Descrip�tion. List of Property Owners within 150' of Kalorama Vacation Per County Assessor's Office on 1112012009 18 -5038- 134301 RLJII -R SOUTH BEND LLC 3 BETHESDA METRO CENTER STE 1000 ATTN; LORI NELSON Bethesda, MO 20814 18- 5038 -1346 Madison Center Ine 403 E Madison St South Bend, IN 46617 18- 5038 -1348 Madison Center Ine 403 E Madison St South Bend, IN 46617 18 -5038 -1358 Northeast Neighborhood Revitalization Organization Ine 803 Lincolnway West South Bend, IN 46616 18- 5038 -1359 Madison Center Inc 403 E Madison St South Bend, IN 46617 18- 5038 -1360 Northeast Neighborhood Revitalization Organization Inc 803 Lincoinway West South Bend, IN 46616 18- 5038 -1361 Madison Center Inc 403 E Madison St South Bend, IN 46617 18 -5038 -1362 Northeast Neighborhood Revitalization Organization Inc 803 Lincolnway West South Bend, IN 46616 18- 5038 - 136301 Madison Center Inc 403 E Madison St South Bend, IN 46617 18 -5038 -1363 Madison Center Inc 403 E Madison St South Bend, IN 46617 18 -5038 -1364 Madison Center Inc 403 E Madison St South Bend, IN 46617 18 -5038 -1365 Wigfall Chester A And Idal 729 N. Hill St South Bend, IN 46617 18 -5038 -1366 Madison Center Inc 403 E Madison St South Bend, IN 46617 18 -5036 -1270 Northeast Neighborhood Revitalization Organization Inc 803 Lincolnway West South Bend, IN 46616 18- 5036 -1271 Northeast Neighborhood Revitalization Organization Inc 803 Lincolnway West South Bend, IN 46616 18- 5036 -1272 Northeast Neighborhood Revitalization Organization ine 803 Lincolnway West South Bend, IN 46616 18- 5036 -1274 Alumni Group Inc 12840 Jefferson Mishawaka, IN 46545 18 -5036- 127401 Hampshire Group Inc 104 St Louis Blvd South Bend, IN 46617 13- 5036 -1275 King Gary E And Linda M 730 N Hill St South Bend, IN 46617 18- 5036 -1276 King Gary E And Linda N1 730 N Hill St South Bend, IN 46617 NOV 2 3 LON �a g ,d €ail VcC'g?�� E;q �q 1 ), � i4, December 7, 2009 Dear Council Members: On behalf of the City of South Bend, Department of Economic Development, Wightman Petrie is submitting a petit to vacate public hg for the first Emst0/Veot alley South of Washington Street from Taylor Street tothe first North/South alley for o distance nf115.5feet, more or |eae and o width of 14 feet. This alley is m part ofVei|'s subdivision, Portage Township, City of South Bend St. Joseph County, Indiana, The purpose of this vacation of the real property istu allow more buildable space on the two lots to the South of the alley which were recently purchased by the City and are currently being demolished and cleared for potential redevelopment in the future. Should you have any questions of concerns please feel free to call moat Matthew O. G|omo, P.E. Project Engineer GA2oo8-51o\ConenxCommon Council 1z-07-0e.dvox \��[��&A �A� ������[�~����V � *RDIMANCE NO. �- E -1 {.. '_ '•�%�'d� i i 3 i . - f ■ �� s�i The first EastANest alley South of Washington Street from Taylor Street to the first North /South alley for a distance of 115.5 feet, more or less and a width of 14 feet. being part of Vail's subdivision, portage Township, City of South Bend, St. Joseph County, Indiana. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I . The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The first East/West alley South of Washington Street from Taylor Street to the first N o rth /South alley for a disianCe ui 1 �r.5 fee%, more or less and a vviuih of i feet. Being part of Vail's subdivision, Portage Township. City of South Bend, St. Joseph County, Indiana. hereby determines that it is desirable to vacate said property. Section Il . The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are. released by the individual utilities. Section Ill The following property may be injuriously or beneficially affected by such vacating: 018- 3010 -0335 Robert c& Pauline Medhurst 420 W. Washington Street h South Bend, IN 46601 018 -3010 -0336 City of South Bend 227 W. Jefferson Suite 1200 South Bend, IN 46601 Section Iii The purpose of the vacation of the real property is: The purpose of the vacation of the real property is to allow more buildable space on the two lots to the South of the alley which were recently purchased by the City and are currently being demolished and cleared for potential redevelopment in the future. Section V . This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. f t _ Member of the Common C ncil Attest: Council ri.a1�.:,:, g City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 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 15f READ1R,3� 1''UBL'C HEM1110 3 `d READIN Nor APPROVY D R EFERRED PASSEa . I 9 o ffice DEC __ 7 2009 CIV CLEF14, ;q- x 0 T 018 -3010 -0321 ! R B a 01 8 -3 0 1 17 c132S 1018- 301Q-0390 g183f110 -0331 01B-3010-03AS 018-3010 -OW 4 LEGAL DESCRIPTION: The alley to be vacated is the first East/West alley South of Washington treat fr to the first North/South alley for a distance of 1.15.5 feet, more or less an a wz o �lTT e'� Being purl of Vail's Subdivision, portage Township, City of South Bend, St. Joseph County, Indiana. 115.5' m9 { 150 r tl1�136;y ! R B a 01 8 -3 0 1 17 c132S 1018- 301Q-0390 g183f110 -0331 01B-3010-03AS 018-3010 -OW 4 LEGAL DESCRIPTION: The alley to be vacated is the first East/West alley South of Washington treat fr to the first North/South alley for a distance of 1.15.5 feet, more or less an a wz o �lTT e'� Being purl of Vail's Subdivision, portage Township, City of South Bend, St. Joseph County, Indiana. PETI [ON TO VACATE PUBLIC -RIGHTS-OF (STREETSIALLEYS' TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: 12 I (WE), THE UNDERSIGNED PROPERTY OWNER($), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The first fast West alley South Of Washinc 1 Street from fa for _Street - to the first North/South alley for a distance of 115.5 feet, more or less and a width of 14 feet, Being part of Vail's subdivision, Portage Township City of South Bend, st'.. County Indiarya. B. THE STREET DESCRIBED AS: NAME (signed & printed) ADDRESS LOT# I V � s RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH SEND, IN 46601 574-235-9221 CONTACT PERSON (S) NAME: Matthew Class (Wig tman Petrie) ADDRESS. 412 S. Lafayette Blvd South Bend, IN 46601 PHONE: 574-232-43 9 Feed i 5 "I'll Ice n Clerk a Cml D EC - 7 ZO 70 N- 7001 0500 BOOS 3965 6618 V oll - 36 t - ,So 1 050 0005 3965 6625 _T 77,,'T 3 7 7003 0500 0005 3965 x,632 Miler, �o G& N X 65 5 6)7 7003 0 500 0005 3965 6649 13) s 144 J &)A 6 q�6( )I 7003 0500 0005 3965 6656 JA) 02 9-3 1c) - Fe we 0 2, &rba- A v e r -r Sr, Qua -TW q6613 7003 0500 DOOS 3965 6663 22 7 W, Jcf-('�r-so 7003 0500 0005 3965 6670 J �N , q 6601 7003 0500 0005 3965 6687 3M6 - 633E jq VV, T-J-fer h 7003 0500 0005 3965 6908 UtU " �C7ii�I '4fc]O�±G� CITY Cu-u? , !N. 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