HomeMy WebLinkAbout07-10-2017 Packet
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SOUTH BEND COMMON COUNCIL
MEETING AGENDA
Monday, July 10, 2017
7:00 P.M.
1. INVOCATION- BRADLEY LAIRD, SOUTH BEND RELIGIOUS SOCIETY OF FRIENDS
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB-COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
6. REPORTS FROM CITY OFFICES
7. COMMITTEE OF THE WHOLE TIME: ______
BILL NO.
39-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SUB-PARTS (d)
AND (f)(3) OF CHAPTER 4, ARTICLE 4, SECTION 4-45 OF THE SOUTH
BEND MUNICIPAL CODE ADDRESSING MOBILE FOOD VENDORS
AND MOBILE FOOD VENDING VEHICLES
8. BILLS ON THIRD READING TIME:______
BILL NO.
39-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING SUB-PARTS (d)
AND (f)(3) OF CHAPTER 4, ARTICLE 4, SECTION 4-45 OF THE SOUTH
BEND MUNICIPAL CODE ADDRESSING MOBILE FOOD VENDORS
AND MOBILE FOOD VENDING VEHICLES
9. RESOLUTIONS
BILL NO.
17-37 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF
ZONING APPEALS FOR THE PROPERTY LOCATED AT 1502 W.
DUNHAM, SOUTH BEND, INDIANA 46619
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17-39 A RESOLUTION OF THE CITY OF SOUTH BEND WAIVING
PETITIONER, HOFFMAN HOTEL APARTMENTS HOUSING PARTNERS,
L.P. NON-COMPLIANCE WITH IND. CODE §6- 1. 1- 12. 1. 6 ET SEQ.
10. BILLS ON FIRST READING
BILL NO.
41-17 FIRST READING ON AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST
NORTH/SOUTH ALLEY EAST OF WILLIAMS STREET (PORTAGE
AVENUE), FROM THE SOUTH RIGHT-OF-WAY OF W. NAVARRE
STREET TO THE NORTH RIGHT-OF-WAY OF WEST MARION STREET
FOR A DISTANCE OF APPROXIMATELY 410 FEET AND A WIDTH OF
14 FEET. BEING A PART OF THE CITY OF SOUTH BEND, PORTAGE
TOWNSHIP, ST. JOSEPH COUNTY, INDIANA.
42-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL
FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES
OPERATIONS IN 2017 OF $5,000,000 FROM PARK FUND (#201).
43-17 FIRST READING ON AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 1237 & 1303 N.
IRONWOOD DRIVE AND 1304 N. ROSEMARY LANE, COUNCILMANIC
DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA
44-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL
FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES
OPERATIONS IN 2017 OF $70,000 FROM DEPARTMENT OF
COMMUNITY INVESTMENT OPERATING FUND (#211).
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
14. ADJOURNMENT TIME: _________
Notice for Hearing and Sight Impaired Persons
Auxiliary Aid Or Other Services Are Available Upon Request At No Charge.
Please Give Reasonable Advance Request When Possible.
In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated
into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City
Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English
version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive
or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana.
__________________________________________________________________________________________________________________
____
OFFICE OF THE CITY CLERK
KAREEMAH FOWLER, CITY CLERK
455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601
Phone 574-235-9221 • Fax 574-235-9173 • TDD 574-235-5567 • www.SouthBendIN.gov
ALKEYNA M. ALDRIDGE
DEPUTY CLERK
DIRECTOR OF POLICY
JENNIFER M. COFFMAN
CHIEF DEPUTY
DIRECTOR OF OPERATIONS
JOSEPH R. MOLNAR
ORDINANCE VIOLATIONS
BUREAU CLERK
MEMORANDUM
TO: MEMBERS OF THE COMMON COUNCIL
FROM: KAREEMAH FOWLER, CITY CLERK
DATE: JULY 6, 2017
SUBJECT: COMMITTEE MEETING NOTICE
The following Common Council Committee Meetings have been scheduled for MONDAY, JULY 10, 2017
at:
Council Informal Meeting Room
4th Floor County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
4:00 P.M. ZONING & ANNEXATION OLIVER DAVIS, CHAIRPERSON
1. Bill No. 17-37- Special Exception at 1502 W. Dunham
4:30 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON
1. Bill No. 17-39- Non-Compliance Waiver for Hoffman Hotel Apartments
2. Bill No. 39-17- Amending SBMC addressing Mobile Food Vendors & Vehicles
4:45 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON
1. Neighborhood Development Briefing- James Mueller, Executive Director of DCI
5:15 P.M. PARC RANDY KELLY, CHAIRPERSON
1. Charles Black Center Update- Aaron Perri, Executive Director of VPA
Council President Tim Scott has called an Informal Meeting of the Council which will commence
immediately after the adjournment of the PARC Committee.
INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, PRESIDENT
1. Discussion of Council Agenda
2. Update and Announcements
3. Adjournment
cc: Mayor Pete Buttigieg
Committee Meeting List
News Media
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS
Auxiliary Aid or Other Services may be Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible
u Tit
Cityty of
South Bend
Common Council
K{,g 441 County-City Building • 227 W.Jefferson Blvd 574)235-9321
SouthBend,Indiana 46601-1830
Fax (574)235-9173
TDD: (574) 235-5567
Tim Scott http://wwwsouthbendin.gov
President June 21, 2017
Oliver Davis Filed in Clerk's Office
Vice-President Members of the South Bend Common Council
4 th Floor CountyCity Building JUN 2 T Z0 7Gavin Ferlic South Bend IN 46601
Chairperson,Committee
KAREE1ViAH^FOWLERof the
Whole
Re: Ordinance to Amend Municipal Code as to Food Tr coTYCLERK,SOUTH BEND, IN
Tim Scott
Dear Council Members:First District
ReginaWilliams Preston On September 14,
2015, the
Common Council adopted
Ordinance#10370-15 to add
Second District food trucks (mobile food vendor vehicles) as another food service option for the
citizens of South Bend. The results have been positive.
Randy Kelly
third District Since that time, vendors and others have suggested that longer food service hours
and licenses with variable terms at reduced rates would increase the number of food
Jo M. Broden trucks and enhance the food truck service experience for customers.
Fourth District
In light of those suggestions and in collaboration with the Business License office of
David Varner
the City administration, the attached ordinance is proposed to amend the South BendFifth District
Municipal Code at Chapter 4, Article 4, Section 4-45 to effectuate these changes and
Oliver Davis to clarify parking rules.
Sixth District
This Bill would have first reading by the Common Council at our June 26 meeting and
Gavin Ferlic final hearing at our July 10 meeting.
At Large
Thank you for your continuing support.
John Voorde
At Large
Most sincerely,
Karen White
At Large
Tim Sc t si en
Kare White, Council Member at Large
Gavin erlic,
CouncilMember at
Large
Bill No.
Ordinance No. 17
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING SUB-PARTS (d) AND (f)(3) OF CHAPTER 4,ARTICLE 4,
SECTION 4-45 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING MOBILE
FOOD VENDORS AND MOBILE FOOD VENDING VEHICLES
STATEMENT OF PURPOSE AND INTENT
On September 14, 2015 this Council enacted Ordinance No. 10370-15 to expand the
definition of"Restaurants" to include mobile food trucks and mobile food carts, among other
things, and to authorize, regulate, and monitor mobile food vendor establishments that serve
cooked and prepared food and/or drinks.
Since enactment of Ordinance No. 10370-15,mobile food vendor establishments have
been successful and a welcome addition to the prepared food and beverage choices enjoyed in
the City of South Bend, especially downtown.
To increase the success and efficiency of these businesses, certain amendments to
Chapter 4,Article 4, Section 4-45 of the South Bend Municipal Code are deemed desirable.
Specifically, this ordinance extends the operating hours of such a mobile food business from four
to eight hours in the downtown South Bend entertainment district area. It also provides for
several
tiers of vendor
licenses at costs
less than the original annual
fee of$525. This will allow
mobile food vendors to try out the program at a modest cost to determine ifit is economically
viable to them. As a matter of public safety, this ordinance clarifies that food trucks may not
parallel park in angled parking or other spaces not designed for parallel parking.
The Common Council of the City of South Bend finds that it is in the best interest of the
citizens of South Bend to amend the South Bend Municipal Code as provided in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,AS FOLLOWS:
Section I. Chapter 4, Article 4, Section 4-45 sub-part (d) of the South Bend Municipal Code, is
hereby amended to read in its entirety as follows:
d) Guidelines for Mobile Food Vendor Vehicles:
Mobile Food Vendors ("vendors")
that hold a valid business license for operating a mobile
food vendor vehicle ("vehicle")
under this provision must follow the guidelines below:
1
1
Vehicles parked in the downtown business entertainment district area may park
up to
four eight
hours. Parking is permitted in any spot that meets the conditions specified
in the subparts which follow. Parking in spaces that are parallel to the sidewalk is
acceptable permitted if all parking and traffic laws are adhered to. No parallel parking shall
be permitted in angled or other spaces not designed for parallel parking.
2) Vehicles are permitted to be parked in areas zoned for business, commercial,
industrial, and mixed use only.
3) Vehicles are prohibited from parking in restricted areas or areas that are
residentially zoned neighborhoods, except that parking in a public park is authorized if the
Parks Department has issued a permit to the vendor to operate in a public park.
4) Vehicles are prohibited from being stored in the open on a residentially zoned
property.
5) Vehicles shall not be operated at a fixed location on any private or public property
for more than
feuF{4)
eight 8 hours and vehicles can be moved from place to place upon
the public ways.
6) Vehicles shall maintain a minimum of five (5) feet of unobstructed sidewalk open
for pedestrian and wheelchair traffic at all
times. All points of sale shall occur on the
curbside of the street from a sales window;
7) Vendors shall ensure that patrons are not blocking sidewalks;
8) Vendors shall ensure that all vehicle stops are made to service customers and
stops must not exceed a total of fou(4) eight
8hours parking or the maximum par-king
time pennitted
by posted sign, whichever
is lesser-, in any one (1)
bleek, e)Eeept for- the
deyffitev,% business distr-iet area where a vehiele shall have up to fouf hours
parkdng notwithstanding the posted maximum subject to subpart 14 of this provision..
9) Vendors shall ensure that the area adjacent to the vendor's service window is
appropriate for heavy traffic flow;
10) Vendors shall not allow vehicle to block an access drive;
11) Vendors shall not allow vehicle to block fire hydrants;
12) Vendors shall not allow vehicle to block the public right-of-way;
13) Vendors shall not allow vehicle to park within twenty-five (25) feet of a street
corner;
14) Vendors shall not allow vehicle to park in a disabled person parking space, a
designated 15 minute parking space, or a one hour parking space including within the
downtown business entertainment district;
15) Vendors shall not set up BBQ pits, canopies, outdoor seating (e.g., outdoor tables
or
folding chairs),
or indoor seating in the mobile food vendor vehicle;
16) Vendors shall not operate in a City park to sell, offer for sale, or display a food
item, unless the person's activity is authorized by a written agreement or with written
permission of the Parks Department;
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17) Vendors shall not for any purpose play unreasonably loud amplified music, use
unreasonably bright flashing lights, or use any unreasonably loud speaker, bell or other
device, that distracts or otherwise reduces or adversely affects safety of other drivers or any
person in the public right of way;
18)
Vendors shall not sell food within a distance of one thousand (1,000) feet of any
real estate which is then used as part of the school grounds of any duly accredited public or
private grade, junior high, middle or high school between the hours of 7:00 a.m. and 3:30
p.m. on days when said schools are in session;
19)
Vendors shall not allow owners, employees, or independent contractors to engage
in conduct that
is intimidating, disorderly, or abusive to others.
This applies not only to the
public,but towards other vendors operating under these rules and regulations;
20) Vendors shall provide, at the vendor's expense,
all equipment necessary to
provide the items for sale in the conduct of the business. All equipment used shall be in a
self-contained unit.
No storage area, water, electric, or other utility will be supplied by the
City;
21)
At termination of operations each day, vendors shall remove all items, containers,
debris, etc. Mobile food vendor shall collect and dispose of all litter and garbage incidental
to the operation of
his vending business. The cleanliness of the specific area of operation
shall be the soleresponsibility of the vendor. Licensed vendors shall not place refuse from
their operation in or beside any public trash container or in any drain along the streets or
sidewalks;
22) Vendors shall operate all aspects of the business (cooking, sales and supplies)
within the mobile food vendor vehicle and shall not distribute food samples or dispense
other items outside of the mobile food vendor vehicle; and
23) Vendors shall indemnify and hold harmless the City of South Bend, including any
agency, department, or commission of the City for any and all suits or actions brought
against the City of South Bend on account of any loss, injury or damage sustained or
claimed to have been sustained by any one in connection with or arising out of any negligent
or willful misconduct of the mobile food vendor, any of its agents, employees, and/or
independent contractors.
24)
Liability insurance required for mobile food vendor vehicles; contents:
i) If the mobile food vendor operates a vehicle, no mobile food vendor business
license may be issued, or continued in operation, unless there is on file in the office of
the Controller and in force and effect a current policy of insurance covering each
vehicle to be operated as a mobile food vehicle in an amount of not less than fifty
thousand
dollars ($50,000.00) for injury to or destruction of property as a result of any
one (1)
occurrence and a public liability policy covering accidental bodily injury,
including death, to any member of the public in an amount of not less than three
hundred thousand dollars ($300,000.00) for all public
liability from any one (
1)
occurrence. The policy of insurance shall also provide for uninsured and under insured
coverage in an amount of not less than one hundred thousand
dollars ($100,000.00).
The policy of insurance shall also include medical benefits in an amount of not less than
3
fifty thousand dollars ($50,000.00).
The policy shall be updated annually and be on file
with the office of the Controller before any issuance or renewal of a company license.
ii) The policy of insurance shall insure the owner and any of the owner's agents
against liability for the payment of any final judgment, less any deductible amounts, or
retained limits not in excess of one thousand dollars ($1,000.00) that may be rendered
against the owner or agent for injury or damages to the property or person of others, or
for damage for the wrongful death of others, resulting from any accident or collision for
which the owner or agent will be liable on account of any act of negligence in the
operation of the vehicle, or which may arise or result from any violation of any of the
provisions of this article or the laws of the State, by the owner or any of the owner's
agents.
iii) The policy of insurance on file in the office of the Controller shall contain the
following provision: "
The City, through the office of the Controller, will be given
fifteen (15) days' notice prior to the effective date of the cancellation or other material
change of this policy."
Section II. Chapter 4, Article 4, Section 4-45 sub-part (f) of the South Bend Municipal Code, is
hereby amended to read in its entirety as follows:
f)
License fees:
1) Restaurants:
The City Controller shall issue a restaurant license to all persons
complying with this section upon payment of ninety dollars ($90.00) per year, for
restaurants having a seating capacity of up to one hundred fifty (150) patrons; and one
hundred ten dollars ($110.00) per year for restaurants having a seating capacity of one
hundred fifty-one (15 1)patrons and over.
2)
Itinerant restaurants: The City Controller shall issue an itinerant restaurant license to all
personscomplying with this section upon payment ofseventy-five dollars ($75.00) per
location per year.
3) Mobile Food Vendor Vehicles:
The City Controller shall issue a mobile food vendor
vehicle license to all persons complying with this section upon payment of five hundred
t,, my five dollars ($525.00) per- ehie e per can the sums required below for the type
of license requested by the mobile food vendor, as follows:
i)Annual/seasonal fee: Five Hundred twenty-five
dollars ($525).
ii) One- day license: Fifty dollars ($
50.00).
iii) 30- day license: One hundred thirty dollars ($130.00).
iv) Three month license: Two hundred
dollars ($200.00).
This license shall be conspicuously displayed within the sales window.
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Section III.
If any subsection, sentence, clause, phrase or word of this ordinance is declared to
be invalid or unconstitutional by a court of proper jurisdiction, such determination shall not
affect the validity of the remaining portions of this Ordinance.
Section IV.
This Ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor, and any publication required by law.
Tim Scott
President of the Common Council
Karen L. White, Council Member At Large
Gavin Ferlic, Council Member At Large
Attest:
Kareemah Fowler, City Clerk
Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana on the
day of 2017, at o'clock .m.
Kareemah Fowler, Clerk
Approved and signed
by me on the
day of 2017,
at o 'clock M.
Pete Buttigieg
Mayor of the City of South Bend, Indiana
Filed in Clerk's Office
1 st
READINGJUN 2 12017
PUBLIC HEARING
3 rd
READING5
NOT APPROVED
KAREEN9AH FOWLER
REFERRED
CITY CLERK,SOUTH BEND,IN
PASSED
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
574)235-9554
FAX: (574)235-5541
July 6,2017
f=iled in Clerk's Office
The Honorable Common Council South Bend
Ofthe
City of South Bend
JUL 06 2017
4th Floor, County-City Building KAREEMAH FOWLER
South Bend, Indiana 46601 CITY CLERK,SOUTH 13E°D, II\1
RE: Petition for Special Exception
Robert Burg
07/05/17
Dear Council Members:
The above referenced petition ofRobert Burg was legally advertised on June 23, 2017. The Area Board of
Zoning Appeals gave it a public hearing on July 5, 2017, at which time the following action wastaken:
Upon a motion by Mr. Urbanski, being seconded by Mr. Leszczynski and by a unanimous vote, the
petition for Special Exception to allow a tavern in a"MU" Mixed Use District, located at 1502 W.
Dunham Street, Portage Township. Zoned "MU" sent to the Common Council with a Favorable
Recommendation.
The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision
as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date,to be made part of
this report.
Sincerel ,
Charles C. Bulot, C.B.O. Building
Commissioner
CCB/cah
PETITION Filed in Clerk's Office
SPECIAL EXCEPTIONPURSUANT 21-
09.3(D) JUL 06 2011
AREA BOARD OF ZONING APPEALS
BURG KAREEMAH FOWLER
CITY CLERK,SOUTH BEItSD,IN
FINDINGS OF FACT
1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH,SAFETY, COMFORT,
COMMUNITY MORAL STANDARDS,CONVENIENCE OR GENERAL WELFARE BECAUSE:
With the appropriate commitments written commitments, the proposed use should not impact public health,
safety or general welfare of the community.
2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA
OR PROPERTY VALUES THEREIN BECAUSE:
Approval should not affect the use or value of adjacent properties, provided that the written commitments
are fully executed. The site has been a long standing business in operation for many years. Further expansion
into areas not already zoned MU Mixed Use District could have an adverse affect on the use and value of
adjacent properties.
3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS
LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE:
While staffrecognizes the desire to develop this property,careful consideration for the character ofthe area and
protection of the use and value of adjacent properties needs to be considered.The proposed use is located in an area with a
mix of single family,multi-family and mixed uses.The use itself is consistent with the neighborhood and the character of
the area.
4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH
BEND COMPREHENSIVE PLAN BECAUSE:
The proposed use is compatible with the future land use plan within City Plan(November 2006)which identifies
properties on between Harris and Walnut Streets as low density residential,high density residential,and mixed use.
CONDITIONS OR REVISIONS:
Click here to enter text.
DECISION
IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of
South Bend Common Council with a FAVORABLE RECOMMENDATION
ADOPTED this 5TH Day of JULY,2017
MOTION
SECOND RECUSED ABSENT YES NO
M N MICHAEL URBANSKI
O RANDALL MATTHYS
N KATHYSCHUTH
N Z JOHN LESZCZYNSKI
N JACK YOUNG
Z ROBERT HAWLEY
9 11 BRENDAN CRUMLISH
r
c-
AREA BOARD OF ZONING APPEALS
125 S.Lafayette Blvd. Suite 100, South Bend,Indiana 46601
574-235-9554 • (Fax)574-235-5541
building@southbendin.gov
www.soutbendin.gov
PETITIONER:
Robert Burg
1502 W. Dunham
South Bend, IN 46619
Filed in Clerk'S Office
PRESENTER: JUN 21 201James A. Masters, Attorney at Law
Nemeth, Feeney,Masters & Campiti, P.C.
KAREEMAH FOWLER
350 Columbia Street CITY CLERK,SOUTH BEND,IN
South Bend, IN 46601
Telephone: 574/234-0121
e-mail:Lmastes@nfmlaw.com
PROPERTY INFORMATION:
Zoning: Commercial/MU Mixed Use
Address: 1502 W. Dunham, South Bend,IN 46619
Township: Portage
Legal Description: A lot or parcel of land twenty-six feet in width, east and west,taken off of
and from the entire side of Lot Numbered Thirty-six (36) as shown on the
recorded plat of Arnold,Hine and Wilson's Subdivision of a part ofBank
Out Lots 100, 101, and 102 ofthe Second Plat of Out Lots to the Town,
now City of South Bend,platted by State Bank of Indiana,recorded in the
office of the Recorder of St. Joseph County, Indiana.
SPECIAL EXCEPTION & VARIANCE(S):
Seeking:
Special Exception to operate a tavern in a MU Mixed Use District.
Variance for a front yard fence 7 feet in height from the required 3 foot maximum height.
A Variance to zero (0) on-site parking from the required off-street 18 off-street parking
spaces (occupancy limit of55/3) and to allow use ofthe adjacent parking lot for off-street
parking.
REASONS FOR REQUESTS:
The property had been used as a bar/tavern known as the "Dunham Inn" in a"C" Commercial
District for decades prior to the zoning change effective May 7, 2004 to MU Mixed Use. The
zoning change made the property a legal non-conforming use as a bar/tavern. Granting the
Special Exception and varian ces will
bring the property into compliance with the MU Mixed Use
The Special Exception will permit the property to be use as a tavern in a MU Mixed Use District.
The Variance for a front yard fence of 7 feet from the required 3 foot maximum height is
required because Indiana alcoholic beverage regulations at 905 IAC 1-41-4 require a 6 foot high
fence enclosing any outside area used to serve alcoholic beverages. The deck in the rear yard is
approximately 1 foot above ground level. The fence on the Harris Street side ofthe building
existed for many years prior to the zoning change was 6 feet high. The Indiana Excise Police
required the fence to be raised 1 foot so it is 6 feet from the deck floor. This makes the fence 7
feet high from the ground. Under current zoning requirements, the back yard fronting Harris
Street is considered a front yard and current zoning;allows only a 3 foot high fence on a front
yard.
The Variance for parking is required because there is no on-site off-street parking. The parking
lot across Harris Street was the parking lot for the Dunham Inn and is the parking lot for the
current bar business. Petitioner owns the lot. Petitioner will sign and record a written
commitment to use that parking lot to met the off-street parking requirements.
SPECIAL EXCEPTION APPROVAL STANDARDS
1.The approval will not be injurious to the public health, safety, morals and general welfare ofthe
community because:
Granting the Special Exception and variances will bring the property into compliance with the
MU Mixed Use District requirements.
2. The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein because:
Petitioner will sign and record a written commitment that no music will be played on the outside
deck or anywhere outside of the building premises and that there will be no use of the outside
deck after 11:00 p.m. The commitment also will permit use of the adjacent parking lot across
Harris Street to satisfy the off-street parking requirements.
3.The proposed use will be consistent with the character ofthe district in which is located and the land
uses authorized therein because:
The property is and has been used as a bar/restaurant, formerly under the name "Dunham Inn" for
decades prior to Petitioner's ownership. The business is located in a commercial area now zoned
for MU Mixed Use.
4.The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan because:
The business is located in an area zoned for commercial uses.
VARIANCE APPROVAL STANDARDS
1.The approval will not be injurious to the public health,safety, morals and general welfare ofthe
community because:
Granting the Special Exception and variances will bring the property into compliance with the
MU Mixed Use District requirements.
2.The use and value ofthe area adjacent to the property included in the variance will not be affected in a
substantially adverse manner because:
Petitioner will sign and record awritten commitment that no music will be played on the outside
deck or anywhere outside ofthe building premises and that there will be no use ofthe outside
deck afte r 11:00 p.m. The commitment also will permit use of the adjacent parking lot across
Harris Street to satisfy the off-street parking requirements.
3.The strict application ofthe terms ofthe zoning ordinance will result in practical difficulties in the use
ofthe property because:
Theproperty is andhas beenused as a bar/restaurant,formerly under the name "Dunham Inn" for
decades prior to Petitioner's ownership. The business is located in a commercial area now zoned
for MU Mixed Use. The change in the zoning classification changed the fencing and parking
requirements applicable to the property even though the general use ofthe property as a tavern
has not changed.
Robert Burg,Petitioner Filed in Clerk's Office i
Date: June 13,2017
JUN 212017
KAREEMAH FOWLER
James A. asters, Attorney at Law
CITY CLERK,SOUTH SEND,IN
Nemeth,
Feeney, Masters & Campiti, P.C.
350 Columbia Street
South Bend, IN 46601
Telephone: 574/234-0121
Attorney for Petitioner
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND,INDIANA,
APPROVING A PETITION OF THE
AREA BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
1502 W. DUNHAM, SOUTH BEND,INDIANA 46619
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, ofits 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 ofZoningAppeals makes its recommendation to the Council; and
WHEREAS, the Common Council is required to make a determination in writing on such requests
pursuant to Indiana Code Section 36-7-4-918.4, and
WHEREAS,the Area Board of Zoning Appeals has made a recommendation,pursuant to applicable
state law.
NOW,THEREFORE, BE IT RESOLVED BYTHE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA as follows:
SECTION I. The Common Council has provided notice ofthe hearing on the Petition from the Area
Board ofZoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special
Exception be granted for the property located at: 1502 W. Dunham, South Bend, Indiana 46619
in order to permit:
Special Exception to operate a tavern in a MU]Mixed Use District.
Variance for a front yard fence 7 feet in height:from the required 3 foot maximum height.
Variance to zero (0) on-site parking from the required off-street 18 off-street parking spaces
occupancy limit of55/3) and to allow use ofthe adjacent parking lot for off-street parking.
SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the
Common Council hereby approves the petition ofthe Area Board ofZoning Appeals, a copy of
which is on file in the Office ofthe City Clerk.
SECTION III. The Common Council ofthe City ofSouth Bend, Indiana, hereby findsthat:
For the Special Exception:
1. The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
3. The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive plan.
For the Variances:
1. The approval will not be injurious to the public health, safety, morals and general
welfare of the community.
2. The use and value ofthe area adjacent to the property included in the variance will not
be affected in a substantially adverse manner:
3. The strict application of the terms of the zoning ordinance will result in practical
difficulties in the use of the property.
SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions
established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Member of the Common Council
I
Filed in Clerk's Office
JUN 13 2017
PRESENTED KAREEPVIAH FOWLER
NOT APPROVE CITY CLERK,SOUTH BEND,IN
ADOPT6D
Type: Filing_Fees
Payor: NEMETH FEENEY MASTERS & CAMPITI
License Number:
Address: 1502 W DUNHAM
SP EXCEPT & VARIANCES FOR ROBERT BURG
6/13/2017 12:14:37 PM
Filing_Fees $390.00
Check 2888 $390.00
chenry 6381
Filed in Clerk's Office
AREA BOARD OF ZONING APPEALS
125 S.Lafayette Blvd. Suite 100, South Bend, Indiana 46601
574-235-
9554 • (Fax)574-235-5541 -
JUN 21 2017
building(@southbendin.gov
www.so utbendi n.gov
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND, IN
NOTICE OF PUBLIC HEARING
Notice is hereby given to all interested persons that the Area Board of Zoning Appeals will hold a public
hearing in the Council Chambers on the 4th Floor of the County-City Building,227 W.Jefferson Blvd.,
South Bend,Indiana on the 5 day of July 2017----,at 1:30 p.m.or as soon thereafter as the
matter can be heard.This hearing is for the purpose of considering a petition that was filed by:
ll-C/ ,&
4,1
Seeking:
A Special Exception to operate a tavern in a MU Mixed Use District.
A Variance for a front yard fence of 7 feet from the required 3 feet.
A Variance from zero (0) on-site parking from the required 18 off-street parking spaces (55
occupancy limit/3) and to allow use of an adjacent parking lot for off-site parking.
On real estate commonly described as:
1502 W. Dunham South Bend IN 46619
and is legally described as follows:
A lot or parcel of land twenty-six feet in width, east and west, taken off of and from the entire side of
Lot Numbered Thirty-six (36)as shown on the recorded plat of Arnold, Hine and Wilson's Subdivision
of a part of Bank Out Lots 100, 101, and 102 of the Second Plat of Out Lots to the Town, now City of
South Bend, platted by State Bank of Indiana, recorded in the Office of the Recorder of St . Joseph
County, Indiana.
Dated this
day of
T 0/ 7
A BOARD OF ZONING APPEALS
O
OP
Carolyn A.
11,Nv,
Secretary to the Board
S
TO THE PETITIONER:It is your responsibility to complete this form correctly and deliver it to the Secretary of the
Board ofZoning Appeals with the other papers at the time of original filing,Once it is signed by the Secretary,then
it is your responsibility to make arrangements to have publication ofnotice made in a local newspaper having
general circulation in St. Joseph County.Such notice must be published one(1)time,being at least ten(10)days
prior to the date on which the public hearing is to be held.Proof of publication must be presented to the Board at the
time o f p ub lic
hearing.
FKAR
ed in Clerk's Office
AREA BOARD OF ZONING APPEALS
125 S.Lafayette Blvd. Suite 100,South Bend,Indiana 46601
574-235-9554 - (Fax)574-235-5541 -
JUN 2 12017
building_(c southbendin.gov
www.soutbendin.gov
EEMAH FOWLER
CITY CLERK:SOUTH BEND,IN
NOTICE TO ADJACENT PROPERTY OWNERS:
You are hereby notified that a public hearing will be held by the Area Board of Zoning Appeals on
Wednesday,they
day of
July ,2017 ,at 1:30 p.m. in the Council Chambers on the 4th Floor
of the County-City Building,227 W.Jefferson Blvd.,South Bend,Indiana.
A petition is on file by:
Robert Burg
Seeking:
A Special Exception to operate a tavern in a MU Mixed Use District.
A Variance for a front yard fence of 7 feet from the required 3 feet.
A Variance from zero (0) on-site parking from the required 18 off-street parking spaces (55
occupancy limit/3) and to allow use of an adjacent parking lot for off-site parking.
On property commonly described as:
1502 W. Dunham South Bend IN 46619
Said public hearing will be held as authorized by the applicable Zoning Ordinance and Chapter 138,Acts
of 1957 of the General Assembly of the State of Indiana.
As a property owner within the immediate appeal area,this notice is sent to you as a courtesy. Sometimes,
for reasons beyond our control,property owners within the immediate area of the subject property will
not receive a copy ofthis notice. Ifyou know ofsomeone who should have received notice but didn't,
please inform them of this hearing.Any persons desiring to oppose or support this petition will be heard
at the time of the hearing.
AREA BOARD OF ZONING APPEALS
Carolyn A.Henry
Secretary to the Board
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE
MADE IN CONNECTION WITH A PETITION FOR SPECIAL USE AND VARIANCES
In accor dance with I.C. 36-74-1015 and
South Bend Municipal Code §21-09.03(d),
Robert Burg, Owner of the real estate located in the City of South Bend, Indiana which is described
herein-below,makes the following COMMITMENTS concerning the use and development ofthe
following described parcel of real estate:
LEGAL DESCRIPTION:
Address:
1502 W. Dunham, South Bend,IN 46619
Legal Description:
A lot or parcel of land twenty-six feet in width, east and west,taken off of and
from the entire side of Lot Numbered Thirty-six(36) as shown on the recorded
plat of Arnold,Hine and Wilson's Subdivision of a part of Bank Out Lots 100,
101,and 102 of the Second Plat of Out Lots to the Town, now City of South
Bend,platted by State Bank of Indiana, recorded in the Office ofthe Recorder of
St. Joseph County,Indiana.
STATEMENT OF COMMITMENTS:
1. No music will be played on the outside deck or anywhere outside of the building premises
2. There will be no use of the outside deck after 11:00 p.m. on any day.
3. Permission is hereby granted to patrons and other persons going to the bar/tavern business at
1502 W. Dunham Street to use the parking lot described as follows for parking:
Lot Numbered Eleven(11)as shown on the plat ofJ.B. Arnold's Subdivision of
part of Bank Out Lots 100 and 101 of the Second Plat of Out Lots to the Town,
now City ofSouth Bend, platted by State Bank of Indiana,recorded in the Office
of the Recorder of St. Joseph County, Indiana in Plat Book 3,page 10.
These COMMITMENTS shall run with the land, be binding on the Owner ofthe above-described
real estate, subsequent owners ofthe above-described real estate and other persons acquiring an
interest therein. These COMMITMENTS may be modified or terminated by a decision of the Area
Board of Zoning Appeals of St. Joseph County made at a public hearing after proper notice has been
gi ven.
The COMMITMENTS contained in this instrument shall be effective upon the approval ofpetition
by the Area Board of Zoning Appeals and the South Bend Common Council and
shall continue in effect until: (
i)the real estate is rezoned; or, (ii)modified or terminated by the Area
Board of
Zoning Appeals of St. JosephCounty.
These COMMITMENTS may be enforced jointly or severally by:
1. The Area Board of Zoning Appeals of St.Joseph County;
2.The City of South Bend, Indiana;
3. Owners ofall parcels of ground adjoining the real estate within three-hundred(300)feet of the
subject parcel and all owners of real estate within the area included in the petition who were not
petitioners for approval.
The undersigned hereby authorizes his attorney to record this Commitment in the Office of the
Recorder of St. Joseph County, Indiana, upon final approval of Special Exception and Variance
Petition#
by the Area Board ofZoning Appeals and the South Bend Common
Council..
IN WITNESS WHEREOF, Owner has ex ecuted
this instrument this
day of
2017.
Signature
PrintedRobert Burg
STATE OF )
SS:
COUNTY OF )
Before me, a Notary Public in and for said County and State,personally appeared Robert Burg,
Owner of the real estate described above who acknowledged the execution ofthe foregoing
instrument and who, having been duly sworn,stated that any representations therein contained are
true.
Witness my hand and Notarial Seal this 2017.
Signature
Printed
County of Residence
Commission and Seal:
This instrument prepared
by James A.Masters,(#9074-71)NEMETH, FEENEY,MASTERS&CAMPITI,P.C.,
350 Columbia Street,South Bend,Indiana,46601,Telephone(574)234-0121.
1 affirm,under the penalties for perjury,that I have taken reasonable care to redact each Social Security number in
this document,un less re quire d
by law./s/
James A.Masters
Filed in Clerk's Office
JUN 21 2017
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT
WLER
MADE IN CONNECTION WITH A PETITION FOR SPECIAL USE°
BEND,IN
In accordance with I.C. 36-7-4-1015 and South Bend Municipal Code §21-09.03(d),
Robert Burg, Owner of the real estate located in the City of South Bend, Indiana which is described
herein-below,makes the following COMMITMENTS concerning the use and development of the
following described parcel of real estate:
LEGAL DESCRIPTION:
Address: 1502 W. Dunham, South Bend,IN 46619
Legal Description:
A lot or parcel of land twenty-six feet in width, east and west,taken off ofand
from the entire side of Lot Numbered Thirty-six(36) as shown on the recorded
plat of Arnold,Hine and Wilson's Subdivision of a part of Bank Out Lots 100,
101, and 102 ofthe Second Plat ofOut Lots to the Town, now City of South
Bend,platted by State Bank of Indiana, recorded in the Office ofthe Recorder of
St. Joseph County, Indiana.
STATEMENT OF COMMITMENTS:
1. No music will be played on the outside deck or anywhere outside of the building premises
2. There will be no use of the outside deck after 11:00 p.m. on any day.
3. Permission is hereby granted to patrons and other persons going to the bar/tavern business at
1502 W. Dunham Street to use the parking lot described as follows for parking:
Lot Numbered Eleven(11) as shown on the plat of J.B. Arnold's Subdivision of
part ofBank Out Lots 100 and 101 ofthe Second Plat of Out Lots to the Town,
now City ofSouth Bend,platted by State Bank of Indiana,recorded in the Office
of the Recorder of St. Joseph County,Indiana in Plat Book 3,page 10.
These COMMITMENTS shall run with the land, be binding on the Owner of the above-described
real estate, subsequent owners ofthe above-described real estate and other persons acquiring an
interest therein. These COMMITMENTS may be modified or terminated by a decision of the Area
Board of Zoning Appeals of St. Joseph County made at a public hearing after proper notice has been
given.
The COMMITMENTS contained in this instrument shall be effective upon the approval of petition
by the Area Board of Zoning Appeals and the South Bend Common Council and
shall continue in effect until: (
i)the real estate is rezoned; or, (ii) modified or terminated by the Area
Board of
Zoning Appeals of St. JosephCounty.
a
These COMMITMENTS may be enforced jointly or severally by:
1.The Area Board of Zoning Appeals of St.Joseph County;
2.The City of South Bend,Indiana;
3. Owners of all parcels of ground adjoining the real estate within three-hundred(300)feet of the
subject parcel and all owners of real estate within the area included in the petition who were not
petitioners for approval.
The undersigned hereby authorizes his attorney to record this Commitment in the Office of the
Recorder of St.Joseph County, Indiana, upon final approval of Special Exception and Variance
Petition# by the Area Board of Zoning Appeals and the South Bend Common
Council..
IN WITNESS WHEREOF, Owner has executed
this instrument this
day of 2017.
Signature
PrintedRobert Burg
STATE OF }
SS:
COUNTY OF )
Before me, a Notary Public in and for said County and State, personally appeared Robert Burg,
Owner of the real estate described above who acknowledged the execution ofthe foregoing
instrument and who,having been duly sworn, stated that any representations therein contained are
true.
Witness my hand and
Notarial Seal this 2017.
Signature
Printed
County of Residence
Commission and Seal:
This instrument prepared
by James A.Masters,(#9074-71)NEMETH,FEENEY,MASTERS&CAMPITI,P.C.,
350 Columbia Street,South Bend,Indiana,46601,Telephone(574)234-0121.
I affirm,under the penalties for perjury,that I have taken reasonable care to redact each Social Security number in
this document,unless requ ired
by law./s/James A.Masters
t
FF±ileinClerk's Office
JUN 21 001
KAREEMAH FO1NI.ER
CITY CLERK,SOUTH EIEND,IN
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IN
Filed in Clerk's Office
JUN 21 2017
I-I FOWLER
LENTYCH THOMAS J&MARLENE A MARTINEZ HOMERO GONZALEZ HER SIDE
CLERKSOU71-1 BEND,IN
745 S.Walnut 736 Harris PO Box 111700
South Bend IN 46619 South Bend IN 46619 South Bend IN 46634
DOBOSZ JOSEPH&DONNA MARIE MONIQUE INC BERGER GIDEON AND NEOMI
BUTLER
818 S Harris St 3019 S Michigan St 623 E Lasalle Ave
South Bend IN 46619 South Bend IN 46614 South Bend IN 46617
HERMAN GLENNADINE T AND E AND J FREEDOM 114VESTMENTS LLC PLONKA DAVID E
HERMAN SHARON ANN
South Bend IN 46614
RD
827 S Walnut St 2637 E 3rd Street
S
YORK
South Bend
IN 46619 Los Angeles CA 9003:1 Sout
JACKSON DANISHA L GUZICKI DANIEL R AREVALO J GUADALUPE&ROSA
MARIA
2050 Cornwall Ct 1517 W Fisher St 740 Walnut
South Bend IN 46614 South Bend IN 46619 South Bend IN 46619
HARRIS CYNTHIA J EQUITY HOLDING GROUP LLC THE ANM RENTALS LLC
SEE TRANSFER NOTE
ish IMishawaka 46544
Ct
834 HARRIS ST 1805
hilltop dr ste 209
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Miller
South Bend IN 46619 Redding CA 96002 Mish
DELGADO FERNANDO&MARIA KUCHARSKI JOHN C JR AND MONICA BARRIOS EUGENIO
735 S Walnut St 805 S Walnut St 1531 Elwood St
South Bend
IN 46619 South Bend IN 46619 South Bend IN 46628
MARTINEZ RAMIRO C TROWBRIDGE JASON BOTELLO JUAN M
717#2 Walnut St 29680 Santa Cruz Drive 5203 W Sample St
South Bend IN 46619 Elkhart IN 46514 South Bend IN 46619
1512 LAND TRUST 212004 PROB DEED HORRALL PETER LOPEZ JONATHAN A AND MICHAEL S
1512 Fisher PO Box 6111506 Fisher
South Bend IN 46619 Niles MI 49120 South Bend IN 46619
PERRY JOHN L LENTYCH THOMAS AND MARLENE DOBOSZ JOSEPH &DONNA MARIE
BUTLER
1124 Coleman Dr 823 S Walnut St 818 S Harris St
South Bend IN 46619 South Bend IN 46619 South Bend IN 46619
WOODING KEVIN AND CAYE LINNIE ROXI RENTALS LLC NAVARRO ANA MARIA
821 S Walnut 817 S Walnut St 815 S Walnut St
South Send IN 46619 South Bend IN 46619 South Bend IN 46619
KLAUDUSZ ESTHER K ACUNA AMALIA AKA ACUNA AMALIA STACHOWIAK MAXINE REV LIVING
AND GUEVARA JACQUELINE TRUST MAXINE STACHOWIAK
1359 Fisher 1355 Fisher 1501 Fisher St
South Bend IN 46619 South Bend IN 46619 South Bend IN 46619
TANNER CHADD GUZICKI JILLIAN OTOLSKI THOMAS
55889 Bristol St 1515 Fisher 1511 Fisher
South Bend IN 46619 South Bend IN 46619 South Bend IN 46619
PAGE
JOHN OLIVER&LORETTA BURG ROBERT ROWE SHANNON
MARIE
809 S Walnut St 1502 W Dunham 1526 W Dunham St
South Bend
IN 46619 South Bend IN 46619 South Bend IN 46619
1522 DUNHAM STREET LLC BAUTISTA ARMANDO JR&MARIA R AND S TIGER LLC
26801 Jackson Rd 1518 Dunham St 1431 Portage Ave
South Bend IN 46619 South Bend IN 46619 South Bend IN 46616
BRAVO NICOLAS SWINEHART WILLIAM &JANE MURILLO MA G
SWINEHART
1514 W Dunham P 0 Box 1234 1508 Dunham
South Bend IN 46619 Mishawaka IN 46546 South Bend IN 46619
LR COMFORT PROPERTIES LLC BURG ROBERT BURG ROBERT
56883 Oak Rd 1504 W Dunham 1502 W Dunham
South Bend IN 46619 South Bend IN 46628 South Bend IN 46628
LENTYCH THOMAS J AND MARLENE A AGUILAR OLIVA FKA CANALES OLIVIA DELGADO JOSE D AND VICTOR M
743 S Walnut 740 Harris 739 S Walnut St
South Bend IN 45619 South Bend IN 46619 South Bend IN 46619
SEVERSON GREGORY BLACK-JONES SONYA T KAMINSKI DUANE E
7301 Baymeadows
Way 3610 Generations Dr WBldg F 26336 WHIPPOORWILL DR
Jacksonville FL 32256 South
Bend IN 46535 South Bend IN 46619
KAMINSKI IRENE AND ERNEST. CUTTING WANDA L ROJAS TIBURCIO AND MORALES
CIRILA
26336 WHIPPOORWILL DR 324 W 13TH ST 1505 Dunham
South Bend IN 46619 Mishawaka IN 46544 South Bend IN 46619
HERNANDEZ CAROLINA
S AREVALO J GUADALUPE&ROSA LANDA ISIDRO JR
MARIA
1501-1503 Dunham
St 740 Walnut 9613 S Normandie Ave
South Bend IN 46619 South Bend IN 46619 Los Angeles CA 90044
GARCIA ALFREDO GARCIA JORGE LANDA ISIDRO JR
1524 Poland St 13666 SR23 9613 S Normandie Ave
South Bend IN 46619 Granger IN 46530 Los Angeles CA 90044
LANDA ISIDRO JR LANDA ISIDRO JR VANBROCKLIN DONALD L
9613 S Normandie
Ave 9613 S Normandie Ave 1516 W Poland St
Los Angeles CA 90044 Los Angeles CA 90044 South Bend IN 46619
MARTINEZYESENIA WAGNER DEANNA C AND HILL VANBROCKLIN RON E
ANGELA M
1546 Poland St 1508 Poland 1506 W Poland
South Bend IN 46619 South Bend IN 46619 South Bend IN 46619
FORD RICKY DALE&TON] MARIE
733 S Harris
South Bend
IN 46619
Filed in Clerk's Office
JUN 21 2017
KAREEMAH FOWLER
CITY CLERK,SOUTH BEAD, IN
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Property Information 6#6 .649'
SublectProperty- 3-,{,
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Parcel ID 018-3085-3458 44236.2 18.84
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oM-c r- n m n 018-3084,3366
Owner(s): BURG ROBERT s n m0 0 0
t--r•- 018-308 43367
A4ailmg Addre ss - •02'W lram South:e nd3 N 6628 "'' -r t e , -- '' Z W W ;y
Ass essed Usage.
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not autho r ized.
Date Printed:June 13,2017
11e Filed in Clerk's Office
JUN 21 2017
KAREEMAH FOWLER
CITY CLERK.,SOUTH REND,IN
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH BEND
WAIVING PETITIONER,HOFFMAN HOTEL APARTMENTS
HOUSING PARTNERS,L.P.NON-COMPLIANCE
WITH IND. CODE §6-1.1-12.1.6 ET SEQ.
WHEREAS,Hoffinan Hotel Apartments Housing Partners,L.P.is the owner ofreal property
in the City of South Bend commonly called 120 W. LaSalle Ave., South Bend, Indiana, on which
Hoffman Hotel Apartments Housing Partners,L.P.,has remodeled atwelve story building formerly
known as Hoffman Hotel,which has been re-purposed as artist housing, and
WHEREAS, in conjunction with Hoffinan Hotel Apartments Housing Partners, L.P.
development of the Hoffinan Hotel, on September 24, 2013, the City of South Bend granted
Hoffman Hotel Apartments Housing Partners,L.P.a ten-year tax abatement whichremains in effect
and was codified as Resolution 4286-13, and
WHEREAS,it has come the City of South Bend's attention that Hoffman Hotel Apartments
Housing Partners,L.P. failed to timely file an abatement deduction application with the St. Joseph
County Auditor for the following tax periods: Tax Year 2016(Pay 2017),and,as a result,Hoffman
Hotel Apartments Housing Partners, L.P. may lose the benefit of the ten-year tax abatement for
following: Tax Year 2016 (Pay 2017), and
WHEREAS,pursuant to Ind.Code§ 6-1.1-12.1-11.3 (2017),the City ofSouth Bend has the
authority to waive Hoffman Hotel Apartments Housing Partners, L.P.'s failure to comply with
Indiana's tax abatement laws and, specifically, the authority to waive Hoffman Hotel Apartments
Housing Partners,L.P.'s failure to file a timely or complete abatement deduction application with
the county auditor, and
WHEREAS, the City of South Bend accepts that Hoffman Hotel Apartments Housing
Partners,L.P.'s failure to timely file its abatement deduction application was an excusable mistake
which resulted through inadvertent over-sights, acknowledges that Hoffman Hotel Apartments
Housing Partners, L.P. filed a deduction application promptly after learning of its mistake, and
accepts that Hoffman Hotel Apartments Housing Partners,L.P.is taking steps to avoid this problem
in the future, and
WHEREAS, pursuant
to I.C. § 6-1.1-12.1-11.3(c),
the City of South Bend has heard and
considered Hoffman Hotel Apartments Housing Partners, L.P.'s request for a waiver of non-
compliance at a
duty-called and publicmeeting of the
Council,
Resolution No. Continued)
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY OF SOUTH
BEND, INDIANA, THAT:
SECTION 1. Acting pursuant to the authority granted
to itby I.C. § 6-1.1.42.1-11.3, the
City of South Bend hereby waives, Hoffman Hotel Apartments Housing Partners, L.P.'s failure to
comply with Indiana's tax abatement laws and, specifically, waives Hoffman Hotel Apartments
Housing Partners, L.P.'s failure to file a timely or complete abatement deduction application with
the county auditor for the following: Tax Year 2016 (Pay 2017).
SECTION
2.
The City of South Bend hereby affirms that the ten-year tax abatement
previously granted to Hoffman Hotel Apartments Housing Partners, L.P. as Resolution 4286-13
remains in effect and directs Hoffman Hotel Apartments Housing Partners, L.P. to file this
Resolution for record with the St. Joseph County Auditor and/or St. Joseph County Assessor.
SECTION 3. This Resolution shall be in full force and effect from and after its passage and
approval, as required by law.
Passed and adopted this
July_. 2017.
COMMON COUNSEL OF THE CITY
OF SOUTH BEND
By:
ATTEST:
Clerk, City of South Bend
STATE OF INDIANA BEFORE THE CITY OF SOUTH BEND
ST. JOSEPH COUNTY Filed in Clerk's Office
Subject Real Estate
120 W. LaSalle Ave.
HOFFMAN HOTEL APARTMENTS) South Bend, IN. 466 1 JUN 30 2017
HOUSING PARTNERS,L.P.
KAREEMAH FOWLER
CITY CLERK,SOUTH REND,IN
Petitioner
HOFFMAN HOTEL APARTMENTS HOUSING PARTNERS,L.P.
PETITION FOR WAIVER OF NON-COMPLIANCE
The petitioner, Hoffman Hotel ApartmentsHousing Partners, L.P., brings this petition
pursuant
to Ind. Code §
6-1.1-12.1-11.3 (2017)to respectfully request that the City of South Bend,
Indiana by its City Council, grant Hoffinan Hotel Apartments Housing Partners, L.P. a waiver of
non-compliance concerning the tax abatement previously granted to Hoffman Hotel Apartments
Housing Partners, L.P. for 120 W. LaSalle Ave., South Bend, Indiana. In support of this petition,
Hoffinan Hotel Apartments Housing Partners, L.P. states:
Background
1. Hoffman Hotel Apartments Housing Partners, L.P. is the owner of 120 W. LaSalle
Avenue, South Bend, Indiana. Hoffman Hotel Apartments Housing Partners, L.P. remodeled the
restery building formerly known as the Hoffinan Hotel on the property. Hoffman Hotel Apartments
Housing Partners, L.P. invested over$5 Million in land acquisition and construction costs for the
newly remodeled artist housing building, and created several new jobs.
2. In connection with Hoffman Hotel Apartments Housing Partners, L.P.'s
development of the artist housing the City of South Bend granted Hoffman Hotel Apartments
Housing Partners,L.P.a ten-year tax abatement. The abatement was codified as Resolution 4286-13
A true copy of Resolution 4286-13
is attached to this petition as Exhibit 1.
3.
Hoffman Hotel Apartments Housing Partners, L.P. has recently received its Tax
Year 2016 (Pay in 2017)tax bill from the St. Joseph County Treasurer. The bill does not account
for Hoffman Hotel Apartments Housing Partners, L.P.'s abatement and, instead, charges the
company for 120 W. LaSalle Avenue's entire tax liability.
4. Based on discussions with the St. Joseph County Auditor, Hoffman Hotel
Apartments Housing Partners, L.P. has learned that its tax abatement was not recognized by the
Treasurer because Hoffman Hotel Apartments Housing Partners, L.P. did not file an abatement
application in the fall of 2016. This,however, was an instance of excusable and innocent neglect.
5. Each year,the St. Joseph County Assessor is required to send St. Joseph County
property-owners a notice of re-assessment. See I.C. § 6-1.1-4-22. If a property-owner has an active
tax abatement,the property-owner is required to file an annual abatement deduction application with
the Auditor no later than thirty days after the date of the Assessor's re-assessment notice to the
property-owner. See I.C. § 6-1.1-12.1-5(b). The Assessor's re-assessment notices are typically
mailed in the fall preceding the new tax year,making abatement deduction applications due typically
between September and November of the same year that the re-assessment notice is issued.
6.
In this case, Hoffman Hotel Apartments Housing Partners, L.P. did not receive a
re-assessment notice from the Assessor
for Tax Year
2016 (Pay in 2017). Consequently,Hoffman
Hotel Apartments Housing Partners, L.P. was unaware that it was obligated to file its annual
abatement deduction application within thirty days ofthe date ofthe Assessor's re-assessment notice.
Immediately after learning ofthis over-sight,Hoffman Hotel Apartments HousingPartners,L.P.filed
is Tax Year 2016 (Pay in 2017) abatement application with
the Auditor. True copies of the
company's abatement application and letter to the Auditor are attached to this petition,collectively,
as Exhibit 2.
7.
The Auditor has informed Hoffman Hotel Apartments Housing Partners, L.P. that
the Auditor has accepted Hoffinan Hotel Apartments Housing Partners,L.P.'s abatement application
as a valid deduction
for next tax year;that is, Tax Year 2017 (Pay in 2018). However,the Auditor
has informed Hoffman Hotel Apartments Housing Partners,L.P.that it must obtain awaiver ofnon-
compliance from the City of South Bend before the Auditor will apply Hoffman Hotel Apartments
Housing Partners, L.P.'s abatement retroactively to Tax Year 2016 (Pay in 2017).
Request for Waiver
8.Under I.
C. § 6-1.1-12.1-11.3, the City of South Bend has authority to waive a
taxpayer's non-compliance with Indiana's tax abatement laws. Included with these powers is the
power to waive a taxpayers'failure to file a timely or complete abatement deduction application with
the county auditor.
See I.C. §
6-1.1-12.1-11.3(a)(5).
9. To do so, the City of South Bend must first conduct a public hearing on the
tax-payer's request for a waiver,then pass a resolution waiving the taxpayer's non-compliance. See
I.C. § 6-1.1-12.1-11.3(c). In accordance with these provisions of Indiana law, Hoffman Hotel
Apartments Housing Partners, L.P. respectfully requests the City of South Bend to consider this
petition at a public hearing,then grant Hoffinan Hotel Apartments Housing Partners,L.P. a waiver
of its inadvertent failure to timely file a abatement application with the Auditor for Tax Year 2016
Pay in 2017).
10. Hoffinan Hotel Apartments Housing Partners,L.P.'s failure to submit the
abatement
deduction application earlier was unintentional and was corrected
immediately after
Hoffman Hotel Apartments Housing Partners, L.P. became aware of the problem.
The company
has taken steps to ensure that it does not fail to file its deduction application again.
Additionally, Hoffman Hotel Apartments Housing Partners, L.P. would note that it successfully
completed the project and has tried to be a good corporate citizen of the City of South Bend.
Hoffman Hotel Apartments Housing Partners, L.P.'s corporate representative will address any
concerns the City of South Bend may have when this matter comes before the council.
Respectfully submitted,
Pete stino(
1 -71
ANDERSON, AKELLER, P.C.
131 South Taylor
South Bend, Indiana 46601
Telephone: (574) 288-1510 ol O l'LD CV
as
CCG(,, C.®rn
Verification
1 affirm, under the penalties for perjury, that the foregoing representations are true.
Hoffman Hotel Apartments Housing Partners, L.P.'s
By:
A
Member, Manager
Date:
3 C> 2017.
RESOLUTION
4286-13
Passed by the Common Council of the City of South Bend, Indiana
September 23
20
Attest: City Clerk
Attest President of Common Council
Presented by me to the Mayor of the City of South Bend.. Indiana
September 24;
20 0
C"- -— City Clerk
Approved and signed
by me
Z
5 *B
20
3
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
120 W. LASALLE STREET
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A(10) TEN-YEAR REAL
PROPERTY TAX ABATEMENT FOR
HOFFMAN HOTEL APARTMENTS HOUSING PARTNERS, L.P.
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas
for the purpose of tax abatement consideration;and
WHEREAS, a Declaratory Resolution designated the area commonly known as 120 W.
LaSalle Street, South Bend,Indiana,and which is more particularly described as follows:
East 87.7 feet Lot 12 Original Plat of South Bend
and which has Key Number 71-08-12-107-002.000-026,as an Economic Revitalization Area;and
WHEREAS,notice ofthe adoption ofa Declaratory Resolution and thepublic hearing before
the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5;and
WHEREAS,the Council held a public hearing for the purposes ofhearing all remonstrance's
and objections from interested persons; and
WHEREAS,the Council has determined that the qualifications for an economic revitalization
area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
13end, Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolutiondesignatingthearea
described herein as an
Economic Revitalization Area for the purposes of tax abatement. Such
designation is for Real property tax abatement only and is limited to two(2)calendaryears from the
date of adoption of
the
Declaratory Resolutionby the
Common Council.
SECTION II. The Common Council hereby determines that the property owner is qualified for and
is granted Real property tax deduction for a period of(10) ten years as shown by the attachment
pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition,the Memorandum
of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits
comply with Chapter 2,Article 6,ofthe Municipal Code ofthe City ofSouth Bend and Indiana Code
6-1.1-12 ems.
SECTIQN III. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approved by the Mayor.
Member of the Common Council
Filed in 'Clerk's—OffWe
SBDS02UD316305v1
Elp
ENTEq ' C-6 T',CLERK, THSEND,IN
NOT APPRIOArm,
L3
0
yv`lTftb,1 i
227 W.JEFFERSONBOULEVARD r:
PHONE:574.235-9371
SUITE 1400S. FAx:574/235-9021
SOUTH BEND.IN 46601-1830 u: ,.F/ y
a
iR65
CITY OF
SOUTH BENDPF.T6 BUTTIGIEG,MAYOR
COMMUNITY INVESTMENT
ScOTr FORD,ExrcuTlvE DIRECTOR
Annual Tax Abatement Reporting
CF-I Attachment
Local Municipal Code Reporting.
Sec.2-84.13
4DfF—M.O„
1. The names of local company and/or minority contractors used during the renovation of the real
property and /or installation of new personal property for which the tax abatement was received?
D.G• Co>.E TCn., a c_
3_
3 L
2. The number of minority persons hired for full or part-time jobs,please specify if the position was
either temporary or permanent, since the completion of the project for which the tax abatement was
given?
PLANNINGNEIGHI)ORHOOD
ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RF.souRCF.S
JITIN KAIN PAMELA C.MEYER CHRIS FIELDING BROCK 7..EEB
APPLICATION FOR DEDUCTION FROM ASSESSED VALUATION 20_PAY 20_
OF STRUCTURES IN ECONOMIC REVITALIZATION AREAS (ERA)
State Form 18379(R13/1-16) FORM 3221 RE
Prescribed by the Department of Local Government Finance
INSTRUCTIONS:
1. This form is to be filed in person or by mail with the County Auditor of the county in which the property is located.
2. To obtain this deduction,a Form 322/RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation(or
new assessment)is made,or not later than thirty(30)days after the assessment notice is mailed to the property owner if it was mailed after April 10. if the
properly owner misses the May 10 deadline in the initial year ofassessment,he can apply between March 1 and May 10 of a subsequent year for the
remainder.of the abatement term.(See also 1C 6-1.1-12.1-11.3 concerning the failure to file a timely application.)
3. A copy of the Form 11,the approved Form SB-1/Real Property,the resolution adopted by the designating body,and the Form CF-1/Real Property must
be attached to this application.
4. The Form CF-1/Real Property must be updated annually and provided to the CountyAuditor and the designating body for each assessment year in which
the deduction is applicable.
5. Please see IC 6-1.1-12.1 for further instructions.
6. Taxpayer completes Sections 1,If and IIi below.
T Ifproperty located in an economic revitalization area is also located in an allocation area as defined in)C 36-7-14-39 or IC 36-7-15.1-26,an application fo!
the property tax deduction may not be approved unless the Commission that designated the allocation area adopts a resolution approving the application
IC 6-1.1-12.1-2(k)).
8. Except for deductions related to redevelopment orrehabilitation of real property in a county containing a consolidated city.a deduction for the
redevelopment or rehabilitation of real property may not be approved for the following facilities(IC 6-1.1-12.1-3):
a. Private o r co mmerc ial golf cour se
j. Any facility,the primary purpose of which is(a)retail food and beverage
b.
Country club
service;(b)automobile sales or service;or(c)other retail:(unless the
c. Massage p ar lo r
facility is located in an economic development-target area established
g under iC 6-1.1-12.1-7).
d. Tennis cl u bk. Residential,unless the facility is a multi-family facility that contains at
e.
Skating facility,including rollerskating,skateboarding or ice skating least 20%of the units available for use by low and moderate income
f Racquet s por t
facility(including handball or racq uef ball court) individuals,or unless the facility is located in an economic development
g. Hot tub
facility
target area established under IC 6-1.1-12.1-7,or the area is designated
h. Suntanfacility
as a residentially distressed area which is required to meet conditions as
Y c ite d in 1C 6-1.1-12.1-2(c)(f &2).
i. Racetrack i. Package liquor store[see IC 6-1.1-12.1-3(e)(12))
SECTION I-DESCRIPTION OF PROPERTY
The owner hereby applies to the County Auditor for a deduction pursuant to IC 6-1.1-12.1-5 beginning with the assessment date January 1,20_.
County Township DLGF taxing dis tr ict nu mb er
Key number
St. Joseph
Name of o w nerLegal description from Form 11
Hoffman Hotel Apartments Housing Partners,L.P.
Property ad dress(nu mbe r an d st re et.
city.st ate,an d ZiP code) Date of Form 11 (month.day,year)
120 W. LaSalle Ave, Mgr office, South Bend, IN 46601
Type of structure
Use of structure
12 story building 48 Apartment Units
Governing body th at ap pr ov ed ERA desig nation Dale ERA designation approved(noWA days year) Resolution number
City of South Bend Common Council 9/30/13 _- 4286-13
SECTION II-VERIFICATION OF OWNER OR REPRESENTATIVE
Signature f own er o esen t
we(1 r e bce rtify t ha t I t r a r e se ntations on
t hi s ap plic ati on
are true.) Date signed(month,day.year)
05/17/16
Prin ted
irame of ow ne r o r re set t h e
Address(number and street.city.state,and ZIP code)
William J Hollingsworth 4000 W. 106th St, Suite 125-146, Carmel, IN 46032
SECTIONIII-STRUCTURES AUDITOR'
A.Rehabilitation structure 1.Assessed valuation AFTER rehabilitation
2.Assessed valuation BEFORE rehabilitation
3.Difference in assessed valuation(Line 1 minus Line 2) $
4.Assessed valuation eligible for deduction
for the increase in AN from the rehabilitation,not including
the increase in AN from the reassessment of the entire
s tr uc ture)
B.N ew s tr uc t ure 1.Assessed va lu ati on
S
2.Assessed va lu ati on
e li gible for dedu ction S
SECTION N-VERIFICATION OF ASSESSING OFFICIAL
1 verity that the above described s tru cture was as ses sed and the owner
was notifi ed on with the
effec t iv e date of the ass es sment
being January 1,20 and that the assessed valuations in Section III are correct.
Signature ofassessing o ffi cia l I
Pr inted na me ofassessing o f fici al
Date(month day,year)
CONTINUED ON THE REVERSE SiDE
STATEMENT OF BENEFITS 20_PAY 20_
x REAL ESTATE IMPROVEMENTS
State Form 51767(11 6l
10-14) FORM S13-1 I Real Property
Prescribedby the Department of Local Government Finance PRIVACY NOTICE
This statement isbeing com ple ted for rea lproperty that qua lifies und er
the
following Indiana Code(c heck o n e box):
Any information concerning the cost
Redevelopment o r r e habil itat ion o f real estate improvements IC 6-1.1-12.1-4of the property and specific salaries
p P
paid to individual employees by the
Residentially distressed area(IC 6-1.1-12.1-4.1) property owner is confidential per
IC 6-1.1-12.1-5.1.
INSTRUCTIONS:
1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires
information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise, this statement must be
submitted to the designating body BEFORE the redevelopment or rehabilitation ofreal property for which the person wishes to claim a deduction.
2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of
the redevelopment or rehabilitation for which the person desires to claim a deduction.
3. To obtain a deduction,a Form 3221RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation is
made or not later than thirty(30)days alter the assessment notice is mailed to the property owner if it was mailed after April 10. A property owner who
failed to file a deduction application within the prescribed deadline may rile an application between March 1 and May 10 of a subsequent year
4. A property owner who files for the deduction must provide the County Auditor and designating body with a Form CF-1/Real Property. The Form CF-I/Real
Property should be attached to the Form 3221RE when the deduction is first claimed and than updated annually for each year the deduction is applicable.
IC 6-1.1-12.1-5.1(b)
5. For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each
deduction allowed. For a Form SB-1/Real Property that is approved prior to July 1, 2013, the abatement schedule approved by the designating body
remains in effect. iC 6-1.1-12.1-17
SECTION
Name of taxp ayer
Hoffman Hotel Apartments Housing Partners, L.P.
Address of taxpayer(number and street,city,state.and ZiP code)
4000 W. 106th Street, Suite 125-146
Name of
co ntac t pe r son
Telephone numbe r E-mail address
William J. Hollingsworth 317 ) 557-9942 vf io i ii ng s wo n ho eq ua i de v el op m en tcc m
SECTION DESCRIPTION OF PROPOSED PROJECT
Name o f
designating body Resolut ion number
City of South Bend
Location ofproperty
County DLGF taxing district number
120
W. LaSalle Ave, South Bend, IN 46601 St. Joseph
Description o f realproperty Improvements,r edevelopm ent,or
re hab il ita t ion(use a ddi tio nal shee t s if necessary) Estimated start dale(month,day.year)
48 Apartment u n its10/11/14
Estimated completion date(month,day
5/1/16
SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT
Curren)nu mb er Salaries Number retain ed Salaries Number add it ion al Sala r e s
1.
0035,000.00 1.00
35,000.00
SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT
REAL ESTATE IMPROVEMENTS
COST ASSESSED VALUE
Current valuese a4.200.00
Plus es t im ated values o f pr oposed project 1.500.0 0 0.00
Less values of any property being replaced
Net esti m ated val u e s u p o n com pl eti o n of proj e ct 2.WA.200.00
SECTION r AND OTHER BENEMS PROMISED
Estimated sol id waste conver t ed(pounds) i
Estimated hazardous waste converted(pounds)
Other benefits
SECTION
I hereby certify that the representations in this statement are true.
S ig nature of au tha tized rep re se nta tive
Date signed(month,day.year)15/15/16
P rinted na me o f
authori ze d re pr esen Mri v e Title
William J. Hollingsworth Sole Member of the G.P.
Page 1 of
2
FPR,USE.OF THEDESIGNATING :sra
We find that the applicant meets the general standards In the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed
under IC 6-1.1-12.1,provides for the following limitations:
A. The designated ar ea has been limited to a per io d of time n ot to exceed calendar years' (see below). The date this designation
expires is
B. The type of deduction that is allowed in the designated area is limited to:
1.Redeve)opment or reha bilitation of real estate improvements Yes No
2.Residentially distressed a reas Yes No
C. The amount of the deduction applicable is limited to$
D. Other limitations or conditions(specify)
E. Number of years allowed: Year 1 Year 2 Year 3 Year 4 Year 5 ('see below)
Year 6 Year 7 Year8 Year9 Year 10
F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-17?
Yes No
If yes,attach a copy of the abatement schedule to this form.
If no,the designating body is required to establish an abatement schedule before the deduction can be determined.
We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have
determined that the totality of benefits is sufficient to justify the deduction described above.
Approved(s ig na t ure an d titl e of a uth or ized memb er o f
designating body)Telephone n um ber
Dale signed(month,day,year)
Printed na me of a utho r ized me mb er o f
designating body Name of designating body
Attested by(si gnature an d ti tle o f atte st e r) Printed name of attester
If the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of time a
taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17.
A. For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1,2013,the deductions established in IC
6-1.1-12.1-4,1 remain in effect.The deduction period may not exceed five(5)years. For a Form SB-1/Real Property that is approved after June 30,
2013,the designating body is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten
10)years. (See IC 6-1.1-12.1-17 below.)
B. For the redevelopment or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1,2013,the abatement
schedule approved by the designating body remains in effect. For a Form SB-1/Real Property that is approved after June 30,2013,the designating
body is required to establish an abatement schedule for each deduction allowed.(See IC 6-1.1-12.1-17 below.)
IC 6-1.1-12.1-17
Abatement schedules
Sec.17.(a)A designating body may provide to a business that Is estab'ished in or relocated to a revitalization area and that receives a deduction under
section 4 or 4.5 of this chapter an abatement schedule based on the following factors:
1) The total amount of the taxpayer's investment in real and personal property.
2) The number of new full-time equivalent jobs created.
3) The average wage of the new employees compared to the state minimum wage.
4) The Infrastructure requirements for the taxpayer's investment.
b) This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule
for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of
the deduction. An abatement schedule may not exceed ten (10)years.
c) An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under
the terms of the resolution approving the taxpayer's statement of benefits.
Page 2 of
2
BUTLER and CROWLEY
LAW OFFICE
726 EAST WASHINGTON STREET
SOUTH BEND, INDIANA 46617
TELEPHONE: (574)233-9500
FACSIMILE: (574)233-9502
PAUL G. CROWLEY, ATTORNEY
pgcrowl e VC cDaol.com
June 27, 2017
Filed in Clerk's Office
Common Council
City of South Bend
227 W. Jefferson Blvd. JUN 28 20
South Bend, IN 46601
KAREEli A,H FOWLER
Re: Alley VacationRequest CITY CLER, K,SOlJTI-t BEND,IN
1" N/S Alley E of N. William Street from W. Marion St. To W. Navarre St.
for a distance of 419 feet and a width of 14 feet
Frank Linarello, Petitioner
Good day:
This letter is submitted on behalf of Frank Linarello, who requests that the alley between
hisbuilding and
his parking lot be vacated.
In so doing, his tenant, Frank's Place, will be able
to offer patio dining during the milder seasons of the year.
We acknowledge that we enter this petition process with one strike against us. The
Board of Public Works gave an unfavorable recommendation on March 14, 2017. The principal
objection was the fact that the vacation would leave a property owned by Welco RE LLC
Welsheimers) landlocked. We have since filed an easement that gives Welco access to its
property.
Secondly, the Fire Department stated concerns that the distance from hydrants would
beincreased by the vacation.
While we haven't done the math, and we concede that distances
without use of the alley may be greater, we would show that the alley is not readily available for
use by the fire department now and so the vacation would not actuaiiy change the status quo.
We ask that this petition be placed on the agenda of the Common Council as soon as
possible. We would plan to appear at the hearing and provide evidence in support of our
petition.
Thank you so much.
4
13e reg
Paul G. rowley
PGC:blb
cc:
Frank Linarello
C:\18&C\1KJB\Cl ient s\L\LinarelloWlley V ac ati o n\2017.06.2 7_CommonCounciI Ltr.wpd
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
STREETS/ALLEYS)
TO THE COMMONCOUNCIL DATE: Z
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNEDPROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
LEGAL DESCRIPTION:
THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF WILLIAM STREET
PORTAGEAVENUE), FROM THE SOUTH RIGHT-OF-WAY OF W. NAVARRE STREET TO THE
NORTH RIGHT-OF-WAY OF WEST MARION STREET FOR A DISTANCE OF APPROXIMATELY 410
FEET AND A WIDTH OF 14 FEET. BEING A PART OF THE CITY OF SOUTH BEND, PORTAGE
TOWNSHIP, ST. JOSEPH COUNTY, INDIANA.
B. THE STREET DESCRIBED AS:
NAME (signed rinted)
ADDRESS LOT #
327Marion St., South Bend IN 46601 018-1020-0852
018-1020-85201
Frank N. Lin rello 018-1020-08151
J
018-1020-0850
kJt• U,o-
ecrL,
521William Street, South Bend IN 46601018-1018-0719
018-1018-0716
William Welsheimer-Welco RE LLC
CONTACT PERSON (S)
NAME: Paul G. Crowley
BUTLER and CROWLEY LAW OFFICE
RETURN TO:
OFFICE OF THE CITY CLERK ADDRESS: 726 East Washington Street
KAREEMAHFOWLER, CITY CLERK South Bend, IN 46617
CC: ALKEYNA ALDRIDGE
ROOM 455-
COUNTY-CITY BUILDING PHONE: 574-233-9500
SOUTH BEND, IN 46601
574-235-9221
Filed in Clerk's Office
JUN 28 2017
KAREEMAH FOWLER
CITYCLERK,SOUTH BEND, IN
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF
WILLIAM STREET(PORTAGE AVENUE), FROM THE SOUTH RIGHT-OF-WAY OF W.
NAVARRE STREET TO THE NORTH RIGHT-OF-WAY OF WEST MARION STREET
FOR A DISTANCE OF APPROXIMATELY 410 FEET AND A WIDTH OF 14 FEET.
BEING A PART OF THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, 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 ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF
WILLIAM STREET (PORTAGE AVENUE), FROM THE SOUTH RIGHT-OF-WAY OF W.
NAVARRE STREET TO THE NORTH RIGHT-OF-WAY OF WEST MARION STREET
FOR A DISTANCE OF APPROXIMATELY 410 FEET AND A WIDTH OF 14 FEET.
BEING A PART OF THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA
hereby determines that it is desirable to vacate said property.
SECTION II. The City of South Bend hereby reserves the rights and easements of all
utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities,
including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water
control structures and ditches, within the vacated right-of-way, unless such rights are released
by the individual utilities.
SECTION III. The following property may be injuriously or beneficially affected by such
vacating:
323 Marion Street - Frank Linarello
325 Marion Street - Frank Linarello
326 West Navarre Street - Steve and Maria Tomasula
334 West Navarre Street -Welco Real Estate LLC
330 West Navarre Street - Daniel Chapman and Alberta Lee Henderson
018-1020-0852
018-1020-0851
018-1018-0714
018-1018-0716
018-1018-0715
Section IV. The purpose of the vacation of the real property is to allow for outdoor
seating for the restaurant.
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.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of
2 at o'clock M.
City Clerk
Approved and signed
by me on the day of 2 at
o'clock M.
Mayor, City of South Bend, Indiana
Filled;in Clerk's Office
2 8 2017
KAREEMAH FOWLER
CITY CLERK,SOUTt B
C1
4
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Jerk
es
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City of South Bend Alley Vacation 150' Radius Mapmgk ,s Dept. of
PublicWorks
Frank Linarello227 W JeffersonBlvd. #1316
South Bend, IN 46601The alley to be vacated is the first N/S
Phone: (574) 235-9251 alley E of N. Williams St. from W. Marion St.
150' Buffer to W. Navarre St. for a distance of 419 feet
Address List attached and a width of 14 feet.
Date Prepared: 6/21/2017
SpU TH8LA
120ON CouNTY-CrrY BuiwiNG
j x PHONE
574.235.9216
227 W. JEFFERSON BLVD.
w \ /'i FAX 574.235.9928
SOUTH BEND,INDIANA 46601-1830
x x
I865
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
July 5,2017 Filed in Cler 's Office
Mr. Tim Scott,President JUL 2017
City of South Bend Common Council
227 W. Jefferson Boulevard, 4th Floor KAREEMAH FOWLER
South Bend, Indiana 46601 CITY CLERK,SOUTH BEND, IN
RE: July 2017 Appropriation Ordinance—Regional Cities Allocation for Howard Park—
Parks Fund
Dear President Scott,
The City Administration is requesting an additional appropriation of$5,000,000 for
improvements to Howard Park. This appropriation will be offset by a Regional Cities
Grant of$5,000,000 which will be received as invoices are paid by the city. Therefore,
this appropriation request does not require taxpayer dollars for funding. These
improvements are part of the overall Riverfront Parks and Trails project.
It is requested
that this bill be filed for 1 St
reading on
July 10, 2017 with
2nd
reading,
public
hearing and
3 rd reading scheduled for July 24,2017.
Thank you for your attention to this request. If you should have any questions,please feel
to contact me at 574-235-7678.
Regards,
T1a
JoH. Murphy
Administration and Finance
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 2017 OF $5,000,000
FROM PARK FUND (#201).
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2017 operating and capital budgets in
2016 (Ordinance#10457-16 passed on October 24, 2016)which included expenditures
for various City operations. It is now necessary to appropriate additional funds for
operational and capital 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 2017 and
set apart within the following designated funds for expenditures as follows:
Fund Amount
Park Fund(#201) 5,000,000
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval ofthe Mayor.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor ofthe City of South Bend, Indiana, on the
day of 2017 at o'clock
Deputy City.Clerk
Approved and signed
by me on the
day of 2017 at
o'clock—.m.
Mayor, City of South Bend, Indiana
Filed in Cler , Office
JUL 05 2017
KAREEMAH FOWLER
CITYCLERK,SOUTH BEND,IN
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LAWRENCE P. MAGLIOZZI
EXEC UTIVE. DIREC TOR
Angela M. Smith
Deputy Dire ctor
AREA PLANCOMMISSION OF ST. JOSEPH COUNTY, IN
2 27 W. JEFFERSO N BLV D., RO OM 1 140 COUN-1Y-CI1I BUILDING, SOUTH B END, 1.A DIA NA +6601 (57+) 235-9571
July 5, 2017 Filed in Clerk's Office
South Bend Common Council JUL 05 2017
4 t' Floor, County-City Building I{ABEE;A; t WiEFSouth Bend, IN 46601 CITECLERK, SOLI!'EE,J;;
RE: Rezoning for 1237 & 1305 N. Ironwood, 1304 N Rosemary Ln., South Bend, IN
APC#2836-17
Dear Council Members:
Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced
location. Please include the attached Ordinance on the Council agenda for first reading at your
July 10, 2017 Council meeting, and set it for public hearing at your August 28, 2017. Council
meeting. The petition is tentatively scheduled for public hearing at the August 15, 2017 Area
PlanCommission meeting. The recommendation of the Area Plan Commission will be
forwarded to your office by noon on the day following the public hearing.
If you have any questions, please feel free to contact our office.
Sincerely,
L__
David M Stanton, Jr.
Planner
CC: Bob Palmer
SERVING S T. JOSE PH C OUNTY, SOUTH BEND, LAK EVILLE, NEWCARLISLE, NORTH LIBER TY, OS CEOLA & ROSELAND
W W W.S T J O S E P H C O U N T Y I N D IA NA.C O M/A R E A P L A N
PETITION FOR ZONE MAP AMENDMENT
City of South Bend, Indiana
I (we)the undersigned make application to the City of South Bend Common Council to amend the zoning
ordinance as herein requested.
1) The property sought to be rezoned is located at:
Address(es) -,
1237 & 1303 N. Ironwood Drive & 1304 N. Rosemary Lane, South Bend, Indiana 46617.
2) The property Tax Key Number(s)
is/are:
Enter property tax key number(s):018-5151-0567501, 018-5151-5674,
018-5151-567403
3) LegalDescriptions: Enterfull legal description: See attached.
4) Total Site Area: Enter total acres to be rezoned: 3.54 Acres.
5) Name and address of property owner(s)of the petition site:
MAJCM, LLC Amiya &Sumita Dey
Attn: Mr. J. Patrick Matthews, Manager 8234 Viewpoint Lane
P.O. Box 6397 Cornelius, North Carolina 28031
South Bend, Indiana 46660-6397 Ph. N/A
Ph. No. 1-317-987-2780 E-Mail Address N/A
E-Mail Address N/A
Name and address of additional property owners, if applicable:
6) Name and address of contingentpurchaser(s), if applicable:
Filed in Clerk's Office
N/A
JUL 05 2017
KAREEMAH FOWLER
E-mail N/A CITY CLERK,SOUTH BEND, IN
Name and address of additional property owners, if applicable:
7) It is desired and requested that this property be rezoned:
F I E'
IFrom: SFlSingle Family Two Family District N/A
c
JUN 2
2017
ARTo: SF2 Single Family Two Family DistrictAt=f.fns'i
8) This rezoning is requested
to allow
the
following use(s):
Insert intended use(s): Residential Uses.
IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section):
1) List each variance being requested. See attached.
2) A statement on how each of the following standards for the granting of variances is met:
a)
The approval will not be injurious to the public health, safety, morals and general welfare of the
community: See Attached
b) 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: See Attached
c)
The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: See Attached
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section):
1) A detailed description and purpose of the Special Exception Use(s)being requested: N/A
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
a) The proposed use will not be injurious to the public health, safety, comfort,community moral standards,
convenience or general welfare:
b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein:
c) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein; and:
d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan.
In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary
Site Plan included with this petition.
CONTACT PERSON:
Name: Danch, Harner &Associates, Inc. Stephen Studer-Attorney, Krieg-Devault
Address:
1643 Commerce Drive
4101 Edison Lakes Parkway, Suite 100
South Bend, Indiana
46628 Mishawaka, Indiana 46545
574-234-4003 m danc h @danchharner.com 574-277-1207
BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
Signature(s) of all property owner(s),
or signature of Attorney for all property owner(s):
L ...
1
U y tl
R
p
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1237 & 1303 N. IRONWOOD DRIVE AND 1304 N. ROSEMARY LANE,
COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
The rezoning requested is to allow for residential uses.
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:
THAT PART OF THE NORTHEAST QUARTER OF SECTION 6,TOWNSHIP 37 NORTH, RANGE
3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA
WHICH IS DESCRIBED AS: BEGINNING ON THE WEST RIGHT-OF-WAY LINE OF LINE OF
IRONWOOD ROAD AT A POINT 640.1 FEET SOUTH OF THE NORTH LINE OF SAID SECTION
6;THENCE CONTINUING SOUTH ALONG SAID WEST LINE A DISTANCE OF 272.10 FT. MORE
OR LESS;THENCE WEST A DISTANCE OF 569.63 FT. MORE OR LESS TO THE EAST RIGHT-
OF-WAY LINE OF ROSEMARY LANE;THENCE NORTH ALONG SAID EAST LINE A DISTANCE
OF 271.1 FT. MORE OR LESS; THENCE EAST A DISTANCE OF 567.00 FT. MORE OR LESS TO
THE POINT OF BEGINNING. CONTAINING 3.54 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
be and the same is hereby established as SF2 Single Family and Two Family District.
SECTION II.
This ordinance is and shall be subject to commitments as provided by Chapter 21-
09.02(d) Commitments, if applicable.
SECTION III. This ordinance shall be in full force and effect from and after its passage
by the Common Council, approval by the Mayor, legal publication, and full execution of
any conditions or Commitments placed upon the approval.
Member of
the
Common Council
Attest:
City Clerk
Presented by me
to the
Mayor of
theCity of
SouthBend, Indiana on the
day of
2 ato'clock M.
City Clerk
Approved andsigned
by me on
the day of
2 at
o'clock M.
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
J:UL:05 2017
KAREEMA6-31=.OVjlc"D
CITYCLERK,SOUT Ap
LEGAL DESCRIPTION:
THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37
NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING ON THE
WEST RIGHT-OF-WAY LINE OF IRONWOOD ROAD AT A POINT 640.10 FEET
SOUTH OF THE NORTH LINE OF SAID SECTION 6; THENCE CONTINUING
SOUTH ALONG SAID WEST LINE A DISTANCE OF 272.10 FEET MORE OR LESS;
THENCE WEST A DISTANCE OF 569.63 FEET MORE OR LESS TO THE EAST
RIGHT-OF-WAY LINE OF ROSEMARY LANE; THENCE NORTH ALONG SAID
EAST LINE A DISTANCE OF 271.10 FEET MORE OR LESS; THENCE EAST A
DISTANCE OF 567.00 FEET MORE OR LESS TO THE POINT OF BEGINNING.
CONTAINING 3.54 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF
RECORD.
F
Clerk's Office
05 2017
AH FOWLER
CITY CLERK,SOUTH BEND, IN
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F7 ..\ x PHONE 574.235.9216
227 W. JEFFERSON BLVD. FAx 574.235.9928PEA CE
SOUTH BEND,INDIANA 46601-1830
1865
CITY OF SOUTH BEND
PETE BUTTIGIEG,MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
July 5, 2017 Filed in Clerk's Office
Mr. Tim Scott, President JUL 0 5 2017
City of South Bend Common Council
227 W. Jefferson Boulevard, 4th Floor KAREEMAH FOWLER
South Bend, Indiana 46601CITY CLERK,SOUTH BEND,IN
RE: July 2017 Appropriation Ordinance—Housing Market Study—Department of
Community Investment Operating Fund
Dear President Scott,
The City Administration is requesting an additional appropriation of$70,000 for a
housing market study. The study will include research and evaluation of market activity
and demographic data relating to the City of South Bend and St. Joseph County. The
determination of the market potential for new and existing dwelling units in the city will
be based on the housing preferences and economic capabilities of target households,the
existing conditions and characteristics of the neighborhoods within the city, as well as
development objectives.
It
is requested
that this bill be filed for 1S t
reading on
July 10, 2017 with
2n d
reading,
public
hearing and
3 rd reading scheduled for July 24, 2017.
Thank you for your attention to this request. Ifyou should have any questions, please feel
to contact me at 574-235-7678.
Regards,
J H. Murphy
Administration and Finance
OV
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 2017 OF $70,000
FROM DEPARTMENT OF COMMUNITY INVESTMENT OPERATING FUND
211).
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2017 operating and capital budgets in
2016 (Ordinance#10457-16 passed on October 24, 2016) which included expenditures
for various City operations. It is now necessary to appropriate additional funds for
operational and capital 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 2017 and
set apart within the following designated funds for expenditures as follows:
Fund Amount
Department of
Community Investment(#211)70,000
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval of the Mayor.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of
2017 at o'clock_ . m.
Deputy City Clerk
Approved and signed
by me on the
day of 2017 at
o'clock . m.
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
JUL 05 2017
KAREE Wj5T1 FOWLER
CITY CLERK,SOUTH BEAD,IN
m
a
Filed in Clerk's Office
JUL 05 2017
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
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