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HomeMy WebLinkAbout02-22-10 Council Agenda & Packetrutty -MANSWu SOUTH BEND COMMON COUNCIL MONDAY, FEBRUARY 22, 2010 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7:00 P,M. 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: .BILL NO. 07 -10 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF AN ALLEY KNOWN AS ALLEN'S ALLEY TO BE VACATED IS DESCRIBED AS FOLLOWS: THE FIRST EAST /WEST ALLEY NORTH OF WASHINGTON STREET, RUNNING WEST FROM MICHIGAN STREET TO THE FIRST NORTH /SOUTH ALLEY KNOWN AS WOODWARD COURT FOR A DISTANCE OF 165 FEET, MORE OR LESS, AND A WIDTH OF 5 FEET. SAID 5 FOOT PIECE BEING TAKEN OFF OF THE SOUTH SIDE OF SAID ALLEY 04 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE, TO ADD SECTION 21, PROVIDING FOR EXTINGUISHING NUISANCE FIRES UPON DIRECTION OF THE FIRE CHIEF 05 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,50,000.00 FROM EXCESS WELFARE DISTRIBUTION FUND ( #252) TO UPGRADE SOUTH BENDS PUBLIC SAFETY RADIO SYSTEM TO 800 MEGAHERTZ PER AN AGREEMENT BETWEEN ST. JOSEPH COUNTY AND THE STATE OF INDIANA 08 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $27,934.00 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND FOR THE NECESSARY PLASTER CEILING REPAIRS, CEILING DECOR PAINTING REPAIRS, REACHMASTER LIFT RENTAL AND WELDING REPAIRS, FUND NUMBER 416 0910 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $40,000 FROM CENTRAL SERVICES FUND 222 TO INSTALL EMISSION CONTROL DEVICES ON CITY DIESEL TRUCKS 10 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $125,000.00 FROM THE NONREVERTING LOSS RECOVERY FUND ( #227) IN 2010 FOR VARIOUS EXPENDITURES S. BILLS, THIRD READING BILL NO. TIME: 0710 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF AN ALLEY KNOWN AS ALLEN'S ALLEY TO BE VACATED IS DESCRIBED AS FOLLOWS: THE FIRST EAST /WEST ALLEY NORTH OF WASHINGTON STREET, RUNNING WEST FROM MICHIGAN STREET TO THE FIRST NORTH /SOUTH ALLEY KNOWN AS WOODWARD COURT FOR A DISTANCE OF 165 FEET, MORE OR LESS, AND A WIDTH OF 5 FEET. SAID 5 FOOT PIECE BEING TAKEN OFF OF THE SOUTH SIDE OF SAID ALLEY 04 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE, TO ADD SECTION 21, PROVIDING FOR EXTINGUISHING NUISANCE FIRES UPON DIRECTION OF THE FIRE CHIEF 05 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,750,000.00 FROM EXCESS WELFARE DISTRIBUTION FUND ( #252) TO UPGRADE SOUTH BEND'S PUBLIC SAFETY RADIO SYSTEM TO 800 MEGAHERTZ PER AN AGREEMENT BETWEEN ST. JOSEPH COUNTY AND THE STATE OF INDIANA 08 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $27,934.00 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND FOR THE NECESSARY PLASTER CEILING REPAIRS, CEILING DECOR PAINTING REPAIRS, REACHMASTER LIFT RENTAL AND WELDING REPAIRS, FUND NUMBER 416 09 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $40,000 FROM CENTRAL SERVICES FUND 222 TO INSTALL EMISSION CONTROL DEVICES ON CITY DIESEL TRUCKS 10 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $125,000.00 FROM THE NONREVERTING LOSS RECOVERY FUND ( #227) IN 2010 FOR VARIOUS EXPENDITURES 9. RESOLUTIONS BILL NO. 10 -08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALER /RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2010 PURSUANT TO SECTION 4 -51 OF THE SOUTH BEND MUNICIPAL CODE 10 -09 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS VACANT LAND ADJACENT TO 3305 LATHROP DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR GATEWAY PLAZA REAL ESTATE, LLC 10. BILLS, FIRST READING BILL NO. 11 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $10,200 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR A ONE YEAR BILLBOARD LEASE TO MARKET THE MORRIS PERFORMING ARTS CENTER 12 -10 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY- THE FIRST NORTH /SOUTH ALLEY EAST OF LAPORTE AVENUE ALONG COLFAX AVENUE TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 8 FEET 13 -10 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2301 MIAMI STREET, INCLUDING ADDRESSES 2303 MIAMI STREET, 1026 AND 1034 E. EWING AVENUE WITHIN SAID BOILDTNG, COUNCILMANIC DISTRICT THREE (3) IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS A. REPORT FROM AREA PLAN COMMISSION 1. BILL 01 -10 --- REZONE - PROPERTY BOUNDED BY CHAPIN, NORFOLK SOUTHERN RAILROAD, LAUREL STREET AND THE FIRST ALLEY N. OF WESTERN AVE - KROC CENTER 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: February 2, 2010 u h ,e 1 Cr3 PBCHAft© ELLi.`7 hfiCdA i'e r ti; P.O. Box 540 Sou+ Bend, IN 46624 574 237 6000 Tel 574 237 DOG] Fax South Bend Common Council 227 W. Jefferson Blvd. South fiend, IN 45601 www.cbre,com /sou hhend RE: Alley Vacation A portion of an alley (lahown as Allen's Alley) to be vacated is described as follows: the first East /West alley North of Washington Street, running West from Michigan Street to the first North/South alley (known as Woodward Court) for the distance of 165 feet, more or less, and a width of 5 feet. Said 5 foot piece being, taken off of the South side of said alley. Enclosed please find the Petition to Vacate, Ordinance, and all additional required documentation for the closure of the above mentioned alley. The purpose of the vacation of the real property is to add an additional row of parking as part of the 101 N. Michigan St. project. Our request is solely intended to reclaim a small portion that was once part of the property, while clearly desiring to preserve the pedestrian walkway as it exists and see enhancement to it, as it is clearly an asset. Sincerely, Bradley J. Toothaker � President CB Richard Ellis I Bradley 202 S. M- ic;higan Street, Suite 200 South Bend, IN 46601 T 574.237.6000 1 F 574.237.6001 C 574.340.3333) Filod Ch �s� 1n i's` Z O tDWANCE NO. _........ -- AN ORDINANCE TO VACATE THE FOLLOWING DESCRiI ED PROPERTY: A portion of an alley (known as Allen's Alley) to be vacated is described as follows: The first East /West alley North of Washington Street, running West from Michigan Street to the first North /South alley (known as Woodward Court) for a distance of 165 feet, more or less, and a width of 5 feet. Said 5 foot piece being taken off of the South side of said alley. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 35- 7 -3 -12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The first East /West alley North of Washington Street, running West from Michigan Street to the first North /South alley (known as Woodward Court) for a distance of 165 feet, more or less, and a width of 5 feet. Said 5 foot piece being taken off of the South side of said alley. Being part of The Original Town (i70w City) of South Bend, Portage Township, City of South Bend, 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 facilitles, including, but not limited to, the foilow'sng: electric, telephone, gas, grater, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION Ill. The following property may be injuriously or beneficially affected by such vacating: 18- 1002 - 007501, 18- 1002 -0076 Section IV. The purpose of the vacation of the real property is to add an additional row of parking to 18- 1002 -0076, as part of the 101 N. Michigan St. project. Our request is solely intended to reclaim a small portion that was once part of the property, while clearly desiring to preserve the pedestrian walkway as it exists and see enhancement to it, as it is clearly an asset. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at City Clerk o'clock m. Approved and signed by me on the day of , 2 , at o'clock m. UADIRG r:' icy 'r',EARV P 3 r,-1 ' EADING NOT APP'�10'V�5 REFERRM n % q,;M Mayor, City of South Bend, Indiana PET710N TO VACATE P BILICRIGhTu -Cr-WAY (qTR ETSl�.t_LEYS -) TO THE COMMON COUNCIL DATE: E: OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The first East /West alley North of Washington Street, running West from Michigan Street to the first North /South alley (known as Woodward Court) for a distance of 165 feet, more or less, and a width of 5 feet. Said 5 foot piece being taken off of the South side of said alley. Being part of The Original Town (now City) of South Bend, Portage Township, City of South Bend, St. Joseph County, Indiana. I3. THE STREET DESCRIBED AS: NAME (signed & printed) ADDRESS /// Brad Toothaker CONTACT PERSON (S) NAME: Bead Toothaker RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: P.O. Box 540 JOHN VOORDE, CITY CLERIC South Bend, IN 45624 ROOM 455 - COUNTY -CITY BUILDING SOUTH SEND, IN 46603 PHONE: (574) 237 -5000 574- 235 -9221 LOT -9 r2 C-D tst iii i 7-07 L FA x A, V E. rAVAUUI—,UNAE--7-OIq 07 LEGAL DESCM PTIONe A portion of all alley (Li3owii as Allen s Alley) to be vacated is described as follows: the first East /West alley - Nlorth of Washington Street, ramming West from MICIdgan street to the first North/South alley (Lnown as Woodward Court) for a distance of 155 feet, More or less, and a width of 5 feet, Said a Foot pieee being talcezl. off of the, South side of said alley. B61-Ig part of The Originai. Town (m ow City) of South Send, Portage Tow ?ishi City of South Be3id Si losrl�l? Cot�niy, India�ua.' a I L PARCELID NAME-1 MAILINGA D MAILINGCIT MAiLINGSTA MAILING iIP INDIANA 018 - 1002- LAND TRUST 108 N Main 0075 212508 Ste 710 South Bend IN 46601 INDIANA 018 -1008 - LAND TRUST 108 N Main St 0330 108 -118 Ste 710 South Bend IN 46601 CITY OF SOUTH BEND DEPT OF 018 -1008- REDEVELOP County City 033002 MENT Bldg 0 018 -1002- MICHIGAN 101 N 0076 STREET LLC Michi an St South Bend IN 46601 1ST SOURCE CORP ATTN 018 -3091- 347402 ACCOUNT DEPT P O Box 1602 South Bend IN 46634 018 -1002- 0073 MHM REALTY LLC 2610 Twixwood Ln South Bend IN 46614 018 -1002- 0078 BKT LLC P.o, Box 502 South Bend IN 46624 MICHIGAN STREET LLC 018 -1002- 0080 C/O BRAD TOOTHAKER P.O. Box 540 South Bend IN 46624 a 1 r'� CITY OF SOUTH BEND DEPT OF County City 018 -1008- 033501 REDEVELOP Bldg Room MENT 1200 South Bend !N 46601 INDIANA 018 -1008- 033003 LAND TRUST 108 N MAIN #11298 ST STE 711 South Bend IN 46601 INDIANA 018 -1008- 0331 LAND TRUST 108 N Main 1081801 Suite 711 South Bend IN 46601 CITY OF SOUTH BEND DEPT OF Room 1 200 018 -1008- 033602 REDEVELOP County City MENT Bld South Bend IN 46601 018 -1002- 0077 MICHIGAN STREET LLC 101 N Michigan St South Bend IN 46601: TARGET 018 -1002- LEASING 007501 CORP INDIANA 018 -1008- LAND TRUST 033201 1081801 018 -1008- 0322 SOUTH BEND PUBLIC TRANSPORT ATION CORPORATI ON 21533 Golden Maple Ct [South Bead IN 4662 108 N Main Suite j � Suite 711 (South Bend._ LIN 46601 227 W Jefferson Suite 1400 South Bend IN 46601 I 8 -1002- SHEiN,CARE 127 N a74 G rVlicnigan St South Bend IN 46613 CITY OF SOUTH BEND DEPT OF REDEV %1ST SOURCE 118 -3091- BANK -ACCT Attn: Jerry A7401 DEPT Mast South Bend IN 46601 .Trans Hest i ..Name Tax ID Mr F Pay Year: 1 ax unr Owner of Record 2L11 �° Tax Yr f Pay Yr::. Tax Type. Billing :Transfer Hi r � :Views G� CE Vii:_ �° . 1nio- Legal Desc A! acent Prl.. �� Rea€' a :- Owner(s) of Record -- "— °' °"—'� .— ...,__....- Mailing Address .,.,............... ... ., Yuan Km9 En . Address 1. E Tax ID Nbr: Address 27 010- 1002- 0070 Llsa %'tca repre.errt a -_ _ - —� _ Country Code: a LJ�+- snot'? CAY er 2cries o4 &ardcTers- Property Information ii98 -1042 U470 ;; Zip Code: Tax 1D NUr; Include Billing and Exe Parcel Number , y r! Rate 0escriptkon: F ctv. 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LuF -cKr?, MAYOR BOAaD OF UBLIC WORKS December 14, 2009 ?� oivr 574/ 23 5 -92 5 1 FAX 5741235 -9171 TDD 5741235 -5567 Mr. Jitin Kain Downtown South Bend, Inc. d'.r PO Box 930 South Bend, Indiana 46624 RE: Alley Vacation — The East Portion of the Fast/West Alley that Runs from Michigan Street to Main Street and between Colfax Avenue and Washington Street {Preliminary Review) Dear Mr. Kain: The Board of Public Works, at its December 14, 2009, meeting, reviewed comments by the Engineering Division,. Area Plan Commission, Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office. The following comments and re.corninne.lidations were si bi7 itted: Area Plan stated that the vacation would not hinder the growth or oa-derly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Engineering stated that the vacation is subject to utility easements. The Board's recommendation is made subject to maintaining an open public access to tlhe parking garage. Please contact Tray Molnar at (574) 235 -9254 prior to decking ug your radhP3 w2p. You will need a radius chap showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, L Linda M. Martin, Clerk c: Federico Rodriguez, Fire Department - Tony Molnar, Engineering Janice Talboom, City Cleric's Office GA,ZTA1 GILOT, P.E. DONALD E. INKs JOIN H. MURPHY 1 Rm=1q "1' iVIrwBGR MEIt'1HR TOb arl Littrell, Engineering Department o n Byorni, Area Plan Commission (jbVorni( co.st-loseph.in.us or 235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community &. Economic Development —,Bob Mathia, Community & Economic Development ;�derico Rodriguez, Fire Department Srdre Price, Solid Waste tephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettinpnisource.com or 284 -2220 fax) For Informational Purposes Only FROM, Linda M. Martin, Clerk RE: Request fCr Recommendation - Alley Vacation Locaftn.l East portion of ENV alley that runs from Michigan St. to Main St. and between olfax Ave and Washington St. (Prel €g- ina a Review) BATE: November 17, 2009 DU December 10 2009 FAX OR E-MAIL TO, 235-91711 Irnart1ra(i5)southbend!n. o RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. 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Gs a !G5 tG5 -- -' -4o 0-- 21 �8� -0245 �1f1 a �a�•oafl9 cr3nn t f,� 18- a�ao7 L -aa�3_ . ~� -- ro o254 -4247 a� m 401 P= 2q0" ___ au o x254 4248 n a _ aos! sl 402 �" 2Ca5 x222 2G4 035 �: 2G9 -� _o o —SIT 1n� ra.,.�E Uage 1. of 1 MiOl elle Burgett - Re Fmim Alley Vlacat'N_en Fzecomniendation E1IN aHey Yro Michigan St. to Mama St Proms Stephen Gwen To, Michelle Burgett Date; 11/17/2009 10:03 AM Subject -, Re: Fwd: Alley Vacation Recommendation E/W alley from Michigan St. to Main St No Objections This Message may contain confidential and/or proprietary information and is intended for the person /entity to whom it was original addressed. Any use by others Is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department - Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235 -7515 (574) 235 -7538 > >> Michelle Burgett 11/17/2009 10:01 AM >>> MLCG et lI ?_Lt1'0 City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235.9251 Fax: (574) 235-9171 This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was originally addressed. Any use by others is strictly prohibited. >>> "Burgett,Michelle" <rnburgett@southbendM,gov> 11/17/2009 10:21 AM >>> This E -mail was sent from "RNP83D994" (C3828). Scan Date: 17.11.2009 10:21:36 ( -0500) Queries to: admin @southbendin.gov file: / /C:ADocLnnents mid SettingsNBurgea ocal Settings lTcml)lXPgrpwise14BO274ECS... 11/17/2009 INTER-OFFICE MEINIORANDUNq BOARD OF UBLIC IWORKS TO; Carl L_ittreli, Engineering Department John Byorni, Area Plan Comrnm ssion `'b orni cost -'ose h.in.us or 235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel: Community & Economic Development Bob Mathia, Community & Economic [development Federico Rodriguez, Eire Department Andre Price, Solid Waste Stephen Goan, Police Department Cheryl Greene, City Attorney's Office Jim Beftin, NIPSCO � ettin a(' ,nisource cony or 254 -2220 fax} For lnformatlona9 Purposes Only ROM: Linda M. Martin, Clark - RE: E: Request for Recommendation - Ailey Vacation Location: East portion of ENV alley that runs from Michigan_St. to Main St, and between Colfax Ave and Washington St. DATE: Nove€nber'17, 2009 DUE: December 10 2009 FAX OR E -MAIL TO:, 2^36-91711 imowt1nRsouth 9ndin car RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: BY: DATE: i� BOARD OF PUBLIC W.' T C� Carl €..ittreli, Enoneerin Eg Department John Byorri, Area Plan Commission Obvornipoo.st Lose hjn.us or 235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, CoMmrrnity & economic Development Federico Rodriguez, hire Department Andre Price, Solid Waste Stephen Goer, Police Department Cheryl Greene, City Attorney's Office Jinn Bettin, NIPSCO (jrbeWn(Wnisour- ce.con) or 284 -2220 fax) For informational Purposes Only FROM: Linda M. Martin, Cierk��� RE: Request for Recommendation - Alley Vacation Location, East ortian ai EMI aE }ey that rt ns fratr: ��iie_higai� St. tc� Main St. and between Colfax Ave and Washinator St. (Prelia3 many Revmvii! �_— DATE: November 17, 2009 DUE: Decerrrber 10 2009 FAX OR E -MAIL TO:. 235 -9171 1 lnnarl,! asouthl�end'r�� RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REWRED. COMMENT M REC01Mf DA ° €W ONS, 11 iv 4�1 n ____�� � � 9! .�C. i � !� f7 d"�i- f�.,! „_� 17 i. G•i � % -,y r- r..,�� ✓Z �.i �'� -ar' 'r !� 31 f r e BY:��j, 11Lr p 7�.f/ DATE: Carl Littrell, Engineering Department ,John Eycrni, Area Plan Commission �b rni cc.st '��� h.in.u� or 235 -9813 pax) ' ,Jeff Gibney, Community & Economic Development Chris Dressel, CommTzity & Economic, Dave #mGnt Bob Mathia, Community & Bconornic Development Federico Rodriguez, Fire C)epartr ent Andre Price, Solid Waste Stephen Goon, Police Department Cheryl Greene, City Attorney's Office Jlrn Bettln, NI 'SCO (jrbettin C� yLgp,�csm or 284 -2220 fax) For InforMatlortal purposes only FROM,, Linde M. Martin, ClG-rk Request for Recommendation e Alley Vacatlon Location' East comi n St, to Main i, bn"LY-Vean r E . A.. (preliminary Review) DATE. tgavember 17, 2009 DUE: December 10,209 FAX OR E-MAIL TO. 3 -9171 I lmartin s� bendln. �w RETURN RECOMMENDATION PAGE ONLY, ATTACHMENTS NOT REQUIRED.. Received Time Nov,10. 12 :27PV 1222 S. 1\41c1 I1c.A N STRLE SOUTF BEND, INDLM'�A 46601. -2821 CITY of SOUTH BFNi D STEPHEN J. LuFcKr., ' AYoR SOUT END Fig EPART ENT HO\VARD W BUCI3AN ®N FIRE. CHIEF P: 5741235 -9250 PAX 5741235 -9071 "1'DD 5741235-5567 January 18, 2010 Mr. Derek Dieter p' -� :I South Bend Common Council- - 4th Floor, County -City Building — - -- 227 West Jefferson Boulevard South Bend, Indiana 46601 RE: A bill to provide for extinguishing certain fires or open burning. Dear Mr. Deiter: On behalf of the South Bend Fire Department, I am submitting a proposed ordinance to add Chapter 9, Section 21 of the South Bend Municipal Code, to incorporate into the South Bend Municipal Code a provision already in the Indiana Fire Code regarding recreational fires and open burning. The Indiana Fire Code allows for the presence of recreational fires and open burning, and provides that the Fire Chief may order that the fire be extinguished if it is hazardous or poses a health or safety risk. City offices often receive calls on recreational fires that may be harmful to nearby persons or property. Adding such a provision to the South Bend Municipal Code would assist citizens seeking information and would assist the Fire Department in keeping the City's neighborhoods safe and peaceful. Either Fire Prevention Chief Federico Rodriguez or I will present the bill, and Ann- -Carol Nash of the Legal Department will be available to address any questions of the Health and Public Safety Committee. The Fire Department requests your favorable consideration of this bill. Please feel free to contact me should you have any questions or concerns. Sincerely, (� H''ward Buchanon, II Cliief, South Bend Fire Department G El 9 � �E cc: A. wash ,4 F. Rodriguez A. DeRose JAN 1 8 2010 H: \wpdata \FIRE \0rdinance cover letter extinguishing SPE JAMES L.oPEZ FEDERICO RODRIGUEZ, jR MARK M. Nowicia STEPHEN F. COX ASST. CHIEF 0PERAIMNI S Ass-r. CHIEF FIRE PREVENTION Asslsr. CI-IiEP SFRvlcFs ASST. CiiiLF EMS �' BILL N0. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE, TO ADD SECTION 21, PROVIDING FOR EXTINGUISHING NUISANCE FIRES UPON DIRECTION OF THE FIRE CHIEF STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 9, Article 4 of the South Bend Municipal Code, which governs Leaf Burning and Air Pollution Control, to add a provision set forth in the existing Indiana Eire Code allowing for recreational fires and for extinguishment of otherwise permitted fires if the fire poses a hazard to nearby property or a risk to health or safety - The Indiana Fire Code, which is incorporated into the South Bend Municipal Code in Sections 6 -2 and 9 -2 of the South Bend Municipal Code, currently allows for recreational fires and certain open burning, and provides that the Fire Chief may order discontinuance of such fires it they constitute a hazardous condition. 2006 International Fire Code, Section 30.7; 675 IAC 22- 2.4w -1; 675 IAC 22 -2. 4-4 (4) . The Common Council of the City of South Bend determines that it will assist the citizens of South Bend to incorporate into Chapter 9 of the South Bend Municipal Code the direction already provided in the Indiana Fire Code regarding recreational fires and open burning, and to specify in the Municipal Code that fires that are otherwise permitted may be ordered extinguished if the Fire Chief or designee of the Fire Chief determines that the fire poses a hazardous condition or a risk to the health or safety of persons or property in the surrounding area. This addition will assist citizens with ready access to the standards and procedures set forth in the Indiana Fire Code regarding recreational fires and open burning. SECTION I. Chapter 9, Article 4, Section 9 -21, of the South Bend Municipal Code shall be, and hereby is, added to read as follows: sec. 9 -21 Discontinuance o �ec�eational fires a� a es� hurnina up�gn direction of Fire chief. {� Those fires which are not otherwise prohibited b Section 9 -20 of this Code ma y be allowed except as provided in subsection (b) of this section. :jhe Chief of the South Bend Fire De artment or the Chief's designee.- is authorized to determine whether a recreational fire open burning of any kind or smoke from a fire or o en burnin constitutes or causes a health or safet hazard or is harmful to any occuoant of or ro"Q rty in the area surrounding the fire or open burnin and to order that the fire or oQen burninct be extin wished immediatel u on makin that determination. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, and approval by the Mayor, and publication as required by law. Member of the Commok Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2010, at o'clock . M. City Clerk Approved and signed by me on the day of 2010, at o'clock . M. Mayor, City of South Bend, Indiana Igo RrAMR G NOT' na[�s'?RC';f�D �yAl CEiI��{+� 2 Fil Win 5 .H �O11�.t' k� s EACE /� q[ 165 CITY OF SOUTH BFND STEPHEN J. LuEcKE, MA1oR i ;.- x. sf l r t GREGc, D. ZIENTARA CoNTROLLLR January 20, 2010 Mr. Derek Dieter President, South Bend Conmlon Council 4t3i Floor, County -City Building South Bend, IN 46601 Re: Ordinance Appropriating $2,750,000.00 from Fund #252 for Project Hoosier Safe -T Upgrade Dear President Dieter: Enclosed for filing with the South Bend Common Council is an ordinance appropriating $2,750,000.00 from Excess Welfare Distribution Fund #252 to upgrade South Bend's public safety radio system to 800 megahertz (Mhz). This will improve inter agency communications for disasters, emergencies, and daily operations, and it brings South Bend into compliance with Project Hoosier Safe -T, a state -wide program adopted by St. Joseph County in December 2009, and by many of our neighboring counties. It is important to note that the funds for this significant public safety improvement will be appropriated front Excess Welfare Distribution Fund ( #252). This Fund 9252 is the repository of a one time State of Indiana refund of $2,922,079.00 in unused tax revenues collected in 2008 intended to fund child welfare programs in St. Joseph County. As a condition of returning these monies to the taxing units of origin, the State enacted legislation requiring that the refunded funds be expended solely for public safety purposes. This appropriation will be used specifically (I) to upgrade five Safe -T towers by adding two 800 M1Lz channels per tower, (2) to purchase associated equipment and upgraded software for South Bend's Police and Fire Departments, and (3) to purchase for South Bend's public safety officers three hundred sixty (360) in- vehicle mobile radios and four bundred five (405) portable radios. The total expenditure reflects a significant competitive discount offered by the Motorola Company because of participation . by the three local govenunent units, St, Joseph County, City of South Bend and City of Mishawaka. I will present this ordinance to the Council at its appropriate committee meeting on February 8, 2010 and at its public hearing. Accompanying me to answer any questions the Council may have will be Mayor Luecke and representatives from the Police and Fire Departments. Thank you for your consideration. Sincer 1 , Gregg ientara Controller LAN 0 2010 StN"3, N, COUNTY-07Y BurLrxNG 227 W. Jer i> 7RsoN Bow -Ew1RD SouTH BFND, INOTANA 46601 -1830 Prroisr, 5741235 -9216 Fax 5741235 -9928 TDD 574/235 -5567 i�y ORDINANCE NO. AN ORDINANCE OF THE CONIMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,750,000.00 FROM E F .f D. PUBLIC RADIO SYSTEM TO 800 M-EGAHERTZ PER AN AGREEMENT BETWEEN ST. JOSEPH COUNTY AND THE STATE OF INDIANA In late 2009 the City of South Bend (South Bend) received from St. Joseph County (County) in the State of Indiana (State) a one time refund amounting to $2,922,079 of unused property tax revenues collected in 2008 originally intended to fund child welfare programs in the county. HEA 1001 legislation passed at the State level included provision that any unused portion of these be returned to the taxing units. As a condition of returning these monies to the individual taxing units, the State enacted legislation required that they be expended solely for public safety purposes. Following State Board of Account instruction, the tax refund was recorded in Fund 252 Excess Welfare Distribution. In December 2009, the St. Joseph County Commissioners entered an agreement with the State to join the "Project Hoosier Safe --T" 800 megahertz (Mhz) statewide radio system, With St, Joseph County's addition to the State communications system, full interaperability arnong safety responders of the County and cities of South Bend and Mishawaka can be achieved. This will further enable all public safety responders within the St. Joseph County boundaries to cooperate with state, local, and surrounding county police and fire departments, as well as federal agencies, in the face of a massive emergency, and in day to day law enforcement. South Bend's current portable public safety radio system is not compatible with 800 Mhz technology and thus impedes effective interagency communication. To upgrade South Bend's public safety (police and fire) radio system to an 800 Mhz system fully integrated with that of the County and City of Mishawaka requires an expenditure by South Bend of $2,750,000.00 as its cooperative portion of the cost of (1) upgrading five (5) Safe -T towers by adding two additional 800 Mhz charmels per cell tower, (2) purchasing associated equipment and upgraded software, and (3) purchasing for South Bend's public safety officers three hundred sixty (360) in- vehicle mobile radios and four hundred five (405) portable radios. The cost for all of these upgrades is being fuinished at a competitive discount offered by Motorola because of the County -wide participation. The upgrade process should be completed within approximately fifteen months. ED by the Common Council of the City of NOW, THEREFORE, BE 1T ORDAIN South Bend, Indiana, as follows: Section I. The sum of $2.750,000.00 is appropriated from and within Excess Welfare Distribution Fund ( #252) to upgrade South Bend's public safety radio system to an 800 Mhz system fully integrated with that of the County and City of Mishawaka. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Counc� 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. _. 41 st RtAD NG pt<Bj_,C- PASO, Mayor, City of South Bend rt� FJIA'N 2 2M0 1I .w e OMLNANCE NO, The Morris Performing Arts Center Improvement Fund (Fund No. 416) was established for the purpose of renovating, remodeling, or otherwise improving the facilities at the Morris Performing Arts Center. The Morris Performing Arts Center desires to make certain capital improvements to maintain the facilities in good working order for the benefit of all patrons and clients. The proposed capital expenditure is for $39,100.00 for necessary plaster ceiling repairs, ceiling decor painting repairs, Reachmaster lift rental, welding repairs, and to obtain architectural drawings and other documents necessary to acquire quotes for the replacement of the Morris Performing Arts Center main windows and doors facing Miebigan Street. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND; INDIANA, AS FOLLOWS: Section L The following sum of money is hereby appropriated and ordered set apart from and within the Morris Performing Arts Center Improvement Fund for necessary plaster ceiling repairs, welding repairs, and for preparation of architectural materials to be used to acquire quotes to restore /replace the main doors and windows of the Morris Performing Arts Center. _Account Number Description Amount 416 Morris Performing Arts 39,100.00 Center Improvement Fund Section Il. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Conrnnon. Coun"cil Attest: 3<' q .•`" n- c{ W' 4 e J �' J - 6rs�f.oa,Ci •��nbs.dx .., n G:- .,.a`5 :sr `. ...a. -n City Clerk Presented by zee to the Mayor of the City of South Bend, Indiana on the —clay of 2010, at o'clock M. Approved and signed by me on the o'clock m. t {a HURANG ,;IN RUERRH PA SSW City Clerk day of 2010, at Mayor, City of South Bend, Indiana t © 2010 Febr-aary 8, 2010 Mr. Derek Dieter President, South Bend Conni-non Council 455 County -City wilding South Bend, IN 46601 Re: Morris Perfonning Arts Center Capital Improvement Appropriations Ordinance Substitution for Bill 08 -10 Dear Mr. Dieter: 1 attach for filing with the South Bend Common Council a Substitute Ordinance regarding Bill 08 -10. The Substitute Ordinance changes and increases the original request from $27,934.00 to an appropriation of $39,100.00 from the Morris Performing Arts Center Improvement Fund (Fund 416). Revenues from this Rind are generated by a ticket surcharge and the fund is used for capital in -1provernents such as renovation, remodeling and specifically here, repairs to the plaster and decorative painting on the auditorium ceiling; and to obtain architectural drawings and other documents necessary to acquire quotes for the replacement of the Morris Performing Arts Center nnain windows and doors facing Michigan. Street. The improvement for which the Morris Performing Arts Center desires appropriation consists of the following: $39,100.00 a. $ 26,000.00 — Architectural Drawings & RFP Documents. b, $ 10, 700.00 — Reachmaster sift 2 week rental. Used to reach ceiling to snake necessary plaster and painting repairs. c. $ 2,400.00 — Welding repairs to "Pick Poijits" for chain motors -used to hang a lighting truss in fTont of proscenium arch. The Norris Performing Arts Center requests the Council's approval of this Ordinance that will help maintain the Morris Center for the beriefrt the City and its citizens. Sincerely, Dennis J. Andres Executive Director Attaclnnent 5 Morris Performing Arts Center a 2€ € N. Michigan Street a South Bend, IN 4660€ Office: (574) 23S-9198 m s=ax: (574) 235 -5604 - http: / /www.MorrisCenter.oi-g CITY OF SOITTH BEND STEPHEN J. 1, FCI<F., MAYOR IT-)EPARTMENT OF PUBLIC WORKS February 2, 2010 Mr. Derek Dieter, President South Bend Common Council 227 West Jefferson Boulevard South Bend, IN 46601 Re: Ordinance to Appropriate Monies for Particulate Catalysts Dear Mr. Dieter: The City of South Bend has received a grant of $40,000 from the United States Environmental Protection Agency for the purchase and installation of particulate catalysts on 30 of our diesel power trucks. The catalysts will reduce the emissions from these trucks by 70 %. The attached ordinance is a request to fund the purchase from Fund 222 and reimburse the fund with the grant. 1 will be at the mecting to present this ordinance to the Coniii -wn Council. Respectfully, Matthew L. Chlebowski, Director Central Services Division MLC /send , �1 -_qFg 9 'k L1ib' y f� E-51 Department of Public works Fngir�eering water Works Central Services Streets Eirvironmental Services Gary A. Gilot, Director Carl P. Littrell, P. R- David Tungate Matt Chlebowski Sam Hensley Jolm J. Dillon, Ph.D. 5741235 -9251 5741235 -9251 5741235 -9322 5741235 -9316 5741235 -9244 5741277 -8515 fax 5741235 -9171 Fax 574/235 -9171 Fax 5741235 -5595 Fax 5741235 -9007 Fax 5741235 -9272 Fax 5741277- 8980 ' �r ORDINANCE NO. AN ORDINANCE O THE COMMON i sl' 1 ' ! . L F : I THE CITY SOUTH BEND, D; APPROPRIATING 1 ,�; ;�.�� CENTRAL SERVICE, S FUND 222 TO INSTALL EMISSION P CONTROL DIE, SEL TRUCKS STATEMENT OF PURPOSE AND INTENT The City of South Bend has received a grant of $40,000 from the United States Envirogu-nental Protection Agency (EPA) to install particulate catalysts on 30 of South Bend's diesel track fleet (113 the total fleet) which will reduce carbon emissions from these trucks by around 70 %. This appropriation will help South Bend overall reduce greenhouse gas emissions as part of its "Cool City" mission. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section 1. The sum of $40,000 be and hereby is appropriated from and set aside within Central Services Fund 222 to install particulate catalysts on 30 diesel trucks owned by the City of South Bend. Section 11. In this appropriation, South Bend shall adhere to all standards and guidelines required by the EPA grant. Section III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Comzxz.on Cow �&RE &7M`:5 3'rfG.£k §LG$.� w.✓C3 ���� �iRF���p Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2010, at o'clock o me Approved and signed by me on the o'clock . M. tAt •2-" d READNG �T APPROYZ RFFERRED .� PASSED City Clerk day of 2010, at Mayor, City South Bend, Indiana H6le-d In ,x .e 3 2010 CITY OF SOUTH BEND STEPHFN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS 1 February 2, 2010 �S' S' Common Council 4th Floor, County -City Building South Bend, Indiana 46601 RE: Appropriation(s) from the Non-Revei ing Loss Recovery Fund (Fund 227) Dear Council Members: Enclosed for filing with the South Bend Common Council is an ordinance appropriating $125,000.00 from the Non - Reverting Loss Recovery Fund ( #227) for various expenditures. I am requesting an appropriation to cover the costs associated with demolishing a building located on the site of the future Kroc Center (521 S. Chapin Street). I have attached a site plan of the proposed Kroc Center with the existing building highlighted in red along with some photos. I am requesting that $100,000 be appropriated to cover the costs of the preliminary environmental work and also the demolition and removal of the entire building. Time is of the essence in this project as the building needs to be demolished prior to the planned May groundbreaking of the Kroc Center. I am also requesting an appropriation of $25,000 from this same fund for miscellaneous outstanding Brownfield Environmental Regulatory Remediation issues such as post- closure testing at the Fredrickson Park landfill and potentially other sites. I will be in attendance to present this ordinance to the Common Council and. answer questions. Regards, Gary A. Gilot, Director of Public Works i 20,0 Department of Public Works E'ngineezing Water Works Central. Services Streets Environmental Services Gary A. Gilot, Director Carl P. Littrell, P.E. . David "1'ungttte Matt Cllebowski Sa m Hensley John J. Dillon, Ph.D. 5741235 -9251 5741235 -9251 574/235 -9322 574/235 -9316 574/235 -9244 5741277 -8515 Fax 5741235 -9171 FrLK 5741235 -9171 Fax 574/ 235 -5595 Fax 57 =41235 -9007 Fax 5741235 -9272 Fax 5741277 -8980 61 ' ORDINANCE NO. _— AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $125,000.00 FROM THE NONREVERTING LOSS RECOVERY FUND ( #227) IN 2010 FOR VARIOUS EXPENDITURES STATEMENT OF PURPOSE AND INTENT On December 8, 2008, the City of South Bend Common Council passed Ordinance No. 9890 -08 which established the Nonreverting Loss Recovery Fund ( #227)• The purpose of the fund is to receive compensatory or exemplary damage- payments from third parties arising from loss or damage to City tangible or intangible property. The City has received payments to date of $4,981,962.00 in this fund due primarily to the settlement of a MTBF contamination lawsuit and also has received interest earnings in the arnount of $2.3,274 -.12, A total of $429,636.68 has been spent: from the fund to date resulting in a current cash balance of $4,475,599.44. The Department of Public Works has identified $25,000.00 in necessary expenditures for miscellaneous brownfield rernediation issues at Fredrickson Park and potentially other sites. These expenditures are eligible for appropriation in this fund. In addition, the Department of Public Works wishes to provide funding for environmental consulting and demolition of a building located on the site of the proposed new Igoe Center. The purpose of this ordinance is to request a 2010 additional appropriation in the amount of $125,000.00 from the Nonreverting Loss Recovery Fund (##227). A total of $1.70,000.00 has been previously appropriated in the 2010 capital budget in this fund for GAC filter media replacement at Water Works. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1: The following sung of money is hereby appropriated in the fiscal year 2010 and ordered set apart from and within the Nonreverting Moss Recovery fund ( #227) for expenditures as follows: iyp ®f Eme� Amount Brownfield Ren ediation $25,000.00 Consulting and Demolition 100,000.00 TOTAL $125404 - SECTION II, This ordinance shall be in full force and effect frorn and after its passage by the (--'ommon Council and approval by the Mayor. Attest: City Clerk Men -iber of the Common CouI ell o P0 a zu Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2010, at o'clock — . m. City Clerk AI)proved and signed by me on the day of o'clock _ . m. i st R6 .D?1\IG Lid H!- -'•RNG E A) ECG. PASS , 2010, at Mayor, City of South Bend, Indiana E,scn t ,"PI 1. t' Jzl* AJI Ti Is FROMI I P - I IC RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL 1 JUNK DEALER 1 RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2010 PURSUANT TO SECTION 4 -51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4 -51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on February 15, 2010 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following businesses: Gertrude Street Metal Recycling, Inc. 3700 S. Gertrude St. Indiana Auto Parts 3300 S. Main St. LKQ Self Serve Auto Parts 1602 S. Lafayette Blvd. Shapiro Metals 2920 W. Sample St. Steve & Gene's, 3109 Gertrude St. Schrock Aggregate, Inc. 1702 N. Bendix Dr. have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, Recycling Operations Licenses for the year 2010. WHEREAS, the license applications for all above - referenced businesses received favorable recommendations from the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license applications for the following businesses: Gertrude Street Metal Recycling, Inc. 3700 S. Gertrude St. Indiana Auto Parts 3300 S. Main St. LKQ Self Serve Auto Parts 1602 S. Lafayette Blvd. Shapiro Metals 2920 W. Sample St. Steve & Gene's, 3109 Gertrude St. Schrock Aggregate, Inc., 1702 N. Bendix Dr. are approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau as evidenced by the Ordinance Violation Bureau Clerk's communication to the City Clerk dated February 15, 2010. Section 11. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Member of the Common Council F NIC)T AIN-'�Z�DVEH) D 0 P T R D Jahn Voorde, City Clerk February 15, 2010 Derek D. Dieter, President South Bend Common Council 227 W. Jefferson RM 455 South Bend, IN 46601 Dear Mr. Dieter, Renewal applications for the operation of Scrap Metal 1 Junk Dealers / Recycling Operations have been received. In accordance with the procedure for the renewal of city business licenses these applications were submitted to the Police Department, Fire Inspection Bureau, and Department of Code Enforcement for inspection. The following properties were inspected: Gertrude Street Metal Recycling, Inc. 3700 S. Gertrude St. Indiana Auto Parts 3300 S. Main St. LKQ Self Serve Auto Parts 1602 S. Lafayette Blvd. Shapiro Metals 2920 W. Sample St. Steve & Gene's, 3109 Gertrude St. Schrock Aggregate, Inc., 1702 N. Bendix and have received favorable recommendations regarding police, fire, code enforcements' environmental compliance; also for proper maintenance of the premises and areas outside the fences, and the height and condition of the fencing. 455 Cauwy -City Building •227 W. jefferson Bhd ®SnuEh Pend, Indiana 46601 •574/235- Filed I m W'o ,E ,I T71r7 D 5741235 -5567 Mary Beth Wisniewsk€ JaniceTalboonn Winona Hays Chief Deputy Deputy Ordinance Violation Clerk g� 9 1865 Office of the City Clerk john Voorde, City Clerk Because the applicants have met all of the requirements of the ordinance, the attached resolution is respectfully submitted for your consideration. I will be present at both the committee meeting and the public hearing. I can be reached 574 -235- 5935 or whays @southbendin.gov if there are any questions or concerns before that time. Sincerely, Winona Hays Clerk, Ordinance Violation Bureau hZ 455 County -City Building °227 W. Jefferson Bi vcf -South Bend, Indiana 46601 5741235 -9221 aFa.c 5741235 -9173 - TDD 5741235 -5567 Mary Beth Wisniewski JaniceTalbootn. Winona Hays Chief Deputy Deputy Ordinance Violation Clerk I P R LICENSE APPLiCA70N 'r SCRAP METAL DEALERSiJUNK DEALERSIRECYCLi NG OPERATIONS CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4-61 I. Check Or NEW � RENEWAL BUSINESS DATA A. Type of license applied for: SCRAP METAL DEALER X RECYCLING OPERATION B. Business Name C. Business Address City D. Mailing Address (if City N. Had In Cr verkl� 0,,9r,'v EFE-1.19 2010 JOHN VIC) 0 P, D 01-17 CU-�!Kl. IN% r�EPID! JUNK DEALER St8te�..ZiP -ent from above) State zip Z//V_ E. Business Telephone Number F. Business Fax Number (59- G. E-mail Address H. Zoning of proposed location Lot size of premises Type of fencing used Ooox. Scrap Metal Deafer/Junk Dealer/Recydng Operat on Ucense Application Page 2 \Z K. Are premises: �n-\ Leased by applicant y If leased: Name of owner 0�t � Business address :q-6- ��11 ( I 111. PERSONAL DA A. Applicant's B. Residential City C D. Residential SSN - - I: --n IV. INCLUDE, WITH APPLICATION, A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE, AND LANDSCAPING, V. INCLUDE, WITH APPLICATION,A $5.00 PROCESSING FEE V1. AFFIRMATION 1, hereby, certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer/Junk Dealer /Recycling Operation/Transfer Station license found in the City of South Bend Municipal Code, Section 4-51. Date ci - c4z2'.F \ 4M1. 1( I 1 I r Qk- la i v� OL 4 � Af �Flo QL 1 � _ -� 'x� i Vm f� r1 r r� ra. ✓ �^ ji v U "" F V F2 � � -- b 6� c1a A 5 d Ei i t __T— , _. �t'I`,v�ci� 5 - -- �� �h•I� ic���7a�'r�l� �'falr b���c� i Page 1 of t Winona Re: Schrock Aggregate, Inc. From, Stephen Goen ToII Winona Hays Date, 2/8/2010 12:45 PM Subject. Re: Schrock Aggregate, Inc. approved with records check This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash ream South Bend Police Department - Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235 -7515 (574) 235 -7538 >>> Winona Hays 2/8/2010 12:00 PM >>> Just when I thought they weren't going to comply. Winona Hays Clerk, Oi/B 227 W, Jefferson Blvd. Rm 455 South Bend, IN 46601 574- 235 -5935 whaysesouthbendin.goy file: / /C:1Docurncnts and Setth7gs1WHAYS\Loca1 Settings lTenlplXPgrpwise14B70077DSO... 2/9/2010 LICENSE APPLiCATIO FOR 'jUN ITY OF SOS i � O ND�ANA South Bend Municipal Cade Section 4 -51 Check Cane: NEW �� RENEWAL I�. BUSINESS DA i A A. Type of license applied for: SCRAP METAL DEALER RECYCLING OPERATION B. Business Name C. Business Address city Oli I HM In h. JeJ'.' ?€ ejr% ,r,� JUNK DEALER Stato ;�_ Zip D. Mailing Address (It different from above) �S State f `i Zip City G l E. Business Telephone Number (59/4 2G /S` F. Business Fax Number G. E -mail Address H. Zoning of proposed location' V I. Lot size of premises P n J. Type of fencing used th Please Continue to Page 2 (back of sheet) For.office Use On.1. �Applai€�r�Filed - Voter cry. Police Dept. - »ec Application Fee Paid Records Sent to epart€ eats _ Police Dept. - Crime Prov. common Council Approval Fire Departm.ent Code EnforcemeW L !tJ �G'� ; _ Lac nse Fee Paid . Building Dept. � Lscer,,5e Number Not Approved Reason: Steve and Genes (recommend with reservations) I spoke with Steve of Steve and Genes. He does not have a video system., and does not have the required binders. He stated that he is currently using the space for storage only, and is trying to sell the business. He needs the license so he can sell the business, and store his items. I believe that he is not doing business as he is never there. I recommend that he is granted this permit, but will be malting periodic checks to make sure that he has not started doing business again. Shapiro Sales, 2920 W. Sample St. (Recommended) Met with Nathan Adamczyk. They do not have video surveillance because they do not deal with any walk up business. They only deal in large quantities (semi -truck size loads). They do keep -records of all purchases brought in, and do not deal with transactions under $100 dollars. Schrock Aggregate, 1702 N. Bendix (Recommended) Met with Dave Majors. Scrock only deals in large amount (truck loads) of gravel, concrete, and sand /dirt. They do not deal any scrap metal, or take walk -ups. Therefore they do not have video surveillance of transactions; or keep records of transactions off less than $100. All of their business in contactors, and they keep records of all of their sales to these contactors. Page l of 7. Winona Hays m Reg Schrock Aggregate From: Federico Rodriguez To: Winona Hays Date: 2/15/2010 11 :07 AM Subject: Re: Schrock Aggregate This was received in my office on the 10th of Feb. and was given to the inspector on the 11th. He went out there and he said that he was unable to get to all the area due to weather. But he said that this place is O.K. for this inspection. Have a good day! Federico "Chico" Rodriguez Assistant Chief Fire Prevention South Bend Fire Dept. 1222 S. Michigan Street South Bend,In. 574 - 235 - 7564(0) 574 - 235- 9305(F) frodri.gu.. @southbendin.gov >>> Winona Hays 2/15/2010 10:45 AM >>> This is what I sent over on the 8th, Yes, others do physical inspections as well. Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 5outh Bend, IN 46601 574 -235 -5935 whgys @soufi,hbendin.gov File: / /C:1Docnrnenis and Set1ingslVVHAYS1L.oca1 Settings\Temp\XPgipwisel4 3792AI7f1S... 2/15/2010 LSA.sC:4��L- F-l6 t ".+e SCRAP METAL DEALERSOUNK DE LE SIRECYCLt G OVERATrIONS CffY OF SOUTH BEAD, INDIANA South Bend Municipal Code Section 4 -51 A I. Check One: NEW � RENEWAL Il. BUSINESS DATA A. Type of license applied for-. SCRAP METAL DEALER 3 % JUNK DEALER RECYCLING OPERATION (tf B. Business name'r` c_ C. Business Address r a City ... r:� State 47P'9 Zip D. Mailing Address (If different from above) City State Zip E_ Business Telephone Number -� F Business Fax Number - `� - - G. E -mail Address H. Zoning of proposed location p� I. Lot size of premises J. Type of fencing used of "0, E f`i flj please Continue to Page 2, (back of sheet) Scrap Metal Dealer/Junk DealerlRecycling Operafion A.pplicaE oG, Page 21 K. Are premises: Leased by applicant Ie .. _._ owned by applicant? If leased: Name of owner C .f {�GtC. ��, ��.t ' ��,'c .�. i - Business address ����`�) �� �-_ �" � L3�- `�- ` . t` .r TAV III. PERSONAL DATA t A. Applicant's Legal Name r B. Residential Address - °()f1f t4(�,' r CityGg if�r l` State Zip ? C. Residential Telephone Numbers D. SSN E. Date of Birth S I1-X1 / e- Loa is 6 IV. INCLUDE, WITH APPLICATION, A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE, AND LANDSCAPING. V. INCLUDE, WITH APPLICATION, A $5.00 PROCESSING FEE VI. AFFIRMA T ION 1, hereby, certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. 1 fuither certify and affirm that I have in no way attempted to mislead the City in this application by ortiitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer/Junk Dealer /Recycling Operation/Transfer Staficn license found in the City of South Bend Municipal Code, Section 4-51, q-., Q—) s �✓t mate Signature 47 ev-, C- C-- lz , -� 'ji Page 1 of I Boa Hays - Rem Gertrude Street Metal Recycling, Inc. From' Stephen Goen Too Winona days Date; 1/11/2010 10:11 AM Subject: Re: Gertrude Street Metal Recycling, Inc. Approved with me This message may contain confidential and /or proprietary information and is intended for the person/entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department - Traffic Investigations 701 W. Sample 5t South Bend, IN 46601 (574) 235 -7515 (574) 2357538 >>> Winona Hays 1/8/2010 10:00 AM >>> Here's the latest to apply. If at all possible I would like to have reports back by the 14th, I realize that doesn't give much time, but one can hope can't she ? ?? Thanks all for your quick responses. Winona Hays Clerk, QVB 227 W. Jefferson Blvd. lam 455 South Bend, IN 46601 574 -235 -5935 what's @southberodin -.9oy file : / /C.Tocuments and Settings1W11AYS1Loca1 Settiiigs lTernp1XPgrpwise14B4AF939SO... 1/11/2010 Page 1 of 1. Winona Hays - Rea Gertrude Street Metal Recycling, Inc. From: David Tungate To: Winona Hays Date: 1/8/2010 3:05 PM Subject: Re :. Gertrude Street Metal Recycling, Inc. Ms. Hays- I have no problems or issues with this business license. >>> Winona Hays 1/8/2010 10 :00 AM >>> Here's the latest to apply. If at ail possible I would like to have reports back by the 14th, I realize that doesn't give much time, but one can hope can't she ? ?? Thanks all for your quick responses. Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 - 235 -5935 uuhaysC sauthbend.i_n_.gav file: / /C:1Docuincn1s and Set11ngslVJHAYS1Loca1 Settings lTemplXPgrpwisel4B4749CDSO... 1/11/2010 Page i. Of 1 Winona y - e$ Gertrude Street Metai Recycling, Inc. From; Mark Lyons To: Hays, Winona Date, 1/19/2010 1:21 PM Subject- Re: Gertrude Street Metal Recycling, Inc, Recommend approval. >>> Winona Hays 1/8/2010 10:00 AM >>> Here's the latest to apply. If at all possible I ,mould like to have reports back by the 14th, I realize that doesn't give much time, but one can hope can't she ? ?? Thanks all for your quick responses. Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 - 235 -5935 whgysQsouthbendin_.gov file: //C: \Docunients and Setting slW1lAYS1I.ocal Settings \TemplXPbrpwisc14B55BICFSO... 1/1.9 /2010 Gertrude Street Metal Recyciing, 3700 S. Gertrude (recommended) I rnet with Crary from Gertrude Recycling. He gave us a tour, and was able to show us their updated surveillance system that is recorded on hard drive. He was also able to provide both city for-rns, and state forms that customers must fill out. They beep all keep all paperwork on computer to sort; and search much easier. LKQ, I602 S. I,afayettte (Recommended) Met with Tony Grant. Mr. Grant was able to provide all required items, and has an excellent video surveillance system. INDIANA AUTO PARTS, 3390 S. Main St (Recommended) Met with Paul Shafer. Indiana Auto Parts was in full compliance with all required items. They have a very good video surveillance system, and had their binders of all purchase transactions, and forms for transactions less than $100. i CENQE APP L!'CAJ'10N FOR 5_- =1 A SORANPIMHETAL Q-,EALERSijUNi(!)EALERSIRECYCL��,y�(3 ON SOUGH BEND, INDIAM South Ben d Municipal Code Section 4-61 r Check One: — NEW v R E N EVVAL BUSINESS DATA A. Type of license applied for: SCRAP METAL DEALER d JUNK DEALER RECYCLING opr--RATION A B. Business Name J C. Business Address _L2-d2LIs-. 16� Zip rr city /4 State D. Mailing Address (if different from above) City State _ ZIP E. Business TelephOne Number 5_7Q F. Business Fax Number G. E-mail Address H. Zoning of proposed location I Lot size of promises J. Type of fencing used ple?,se Continue to Page 2 (back of sheet) For CffiCa: USAPOY APPI, Filed IcaUen Records, peficp Dept. — Appdice 10P Fe Paid: t 0 0 cc 0 t. Ine PreV- P jj D :° Sent -to. 002rtmenis P comp,,jo6 Council Appmva License FP-.e Paid AuMber License T Dept- '�'jNqt:Approved ,Reason'. y`` �'` 1� r°ti, �. e C E I `� li �i l7�lL i S: 3¢. E C f'" � l 0 i� F L: SCRAP MIETAL F'""° Z ' Fa` d l Y - to - PER��� A'NS CiTY OF SOUTH H BEND, INDIA N South Bend Municipal Code section 4 -51 ._ 1, Check One II. BUSINESS DATA NEW RENE VAL A, Type of license applied foe: SCRAP METAL DEALER C'liw . JUNK DEALER RECYCLING OPERATION B. Business Name � �e f �P_t P� � ; �t r, Y � � �t�r�i.� �� '•f 'E �, 1�3t� E r C. Business Address City �F1 E.�� IC " State Zip D. Mailirg Address (It different from above) City State Zip E. Business Telephone Number-"; I�% V' F. Business Fax Number. G. E -mail Address H. Zoning of proposed location I. Lot size of premises a. Type of lancing used Please Continue to Page 2 (back of sheet) For Office Use Only. Appftation Hed Water Works Application Fee Paid Polipe [dept. — Records ent to Departments _.—.— _ Police Dept. — Crime Prev, .ire � p � t _ Common Council ppruwa'I code'. Enforcement —2- License Fee Paid P "m ;n nn 'j License Number - Not Approved Reason: tp 7 ss� . JUNK DEALER RECYCLING OPERATION B. Business Name � �e f �P_t P� � ; �t r, Y � � �t�r�i.� �� '•f 'E �, 1�3t� E r C. Business Address City �F1 E.�� IC " State Zip D. Mailirg Address (It different from above) City State Zip E. Business Telephone Number-"; I�% V' F. Business Fax Number. G. E -mail Address H. Zoning of proposed location I. Lot size of premises a. Type of lancing used Please Continue to Page 2 (back of sheet) For Office Use Only. Appftation Hed Water Works Application Fee Paid Polipe [dept. — Records ent to Departments _.—.— _ Police Dept. — Crime Prev, .ire � p � t _ Common Council ppruwa'I code'. Enforcement —2- License Fee Paid P "m ;n nn 'j License Number - Not Approved Reason: LI(CIENIS. aA.PPLICA70IN TFOR SCRAP METAL DEALERS/JUNK DEALER SIRECYCLING QPERATI ONS- CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4-51 Check One: NEW RENEWAL 'A �1 BUSINESS DATA A. Type of license applied for. SCRAP METAL DEALER JUNK DEALER RECYCLING OPERATION —, -- I - B Business Name -- "P'q-1L-k C. Business Address City State zip D. Mailing Address (if different from above) U� State zip City E. Business Telephone Number S -7 ct- t C) F. Business Fax Number - Alt - t 32- G. E-mail Address H. Zoning of proposed location I. Lot size of premises J. Type of fencing used Please Continue to Page 2 (back of sheet) polics Devt: — Records police Dept. — Crime Prev. common Council Approval.. Lic e n se Fee. Paid Scrap Metal Dealer/Junk DePler/Recycling Operation License Appl€cafion Page 2 V INCLUDE, WITH APPLICATION, A $5.00 PROCESSING FEE kfflvmvffz-ffi�it Signature Date ,'"R �� �J. f � _ V� i n ou 00 y ?� FFf 17 � 111 .1 II� I> W lz m w y{ L_3 � � 1 lz m .. lr� 4- S 7 W �1 . YI qq .. lr� 4- S 7 W �1 . SCRAPMETAL PE LERSQUNK E LL_RS/RECY� 1N§ � iT't CSI- S BEND, INDIAN South Bend lljunicipal Cade Section 4 -61 1. Cheek One H. 3USiNESS DATA NEW V.g RENEWAL A. Type of license applied for: SCRAP METAL DEALER JUNK DEALER Please Continue to Page 2 (back of sheet) For Office Use -0111Y . . Application n Filed Water l prtCs Application Fee Pail Police Crept. — Records Sent to D partments _ police Dept. �-- Crime Prev. — Fire Department Common Council Approvaa Code Enforcement License Fee Paid € ildi g inept. License Number Not Approved Reason: RECYCLING OPERATION B. Business Name ti r C, Business Address State : n Zip City :>,� D, Mailing Address If different from above) Z e City State _ Zip E. Business Telephone Number F. Business Fax Number j�� `� _ A G. E -mail Address H. Zoning of pmPosed iocatlon I. Lot size of premises — — J. U Type of fencing used i , ; �. :., .ra. - >' _el Please Continue to Page 2 (back of sheet) For Office Use -0111Y . . Application n Filed Water l prtCs Application Fee Pail Police Crept. — Records Sent to D partments _ police Dept. �-- Crime Prev. — Fire Department Common Council Approvaa Code Enforcement License Fee Paid € ildi g inept. License Number Not Approved Reason: Gertrude Street Metal Recycling, 3700 S. Gertrude (recommended) I met with Gary from Gertrude Recycling. He gave us a tour, and was able to slow us their updated surveillance system that is recorded on hard drive. He was also able to provide both city forms, and state forns that customers must fill out. They keep all keep all paperwork on computer to sort, and search much easier. L Q, 1602 S. Lafiayettte (Recommended) Met with Tony Grant, Mr. Grant was able to provide all required items, and has an excellent video surveillance system. INDIANA AUTO PARTS, 3300 S. Main St (Reeorn ended) Met with Paul Sharer. Indiana Auto farts was in full compliance with all required items. They have a very good video surveillance system, and had their binders of all purchase transactions, and forms for transactions less than $100. f"�ge I ct Winona Hays - Rem Indiana Auto Parts From; Stephen Goen To: Winona Hays Date: 1/21/2010 9:55 AM Subject. Re: Indiana Auto Parts records check approved This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Jae Co. Fatal Alcohol Crash Team South Send Police Department - Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235 -7515 (574) 235 -7538 >>> Winona Hays 1/20/2010 8:50 AM >>> Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 5outh Bead, IN 46601 574 - 235.5935 whaysQsou.thbendi.n.gov file: / /C:\Doeumezats and Setting slWIlAYSIL ocat Settiiigs \Telnp\XPgipwise14B582498S®... 1/21/2010 Check One'. BUSINESS DATA � I � r_ J CENSE APPLICAMN FOR CI —91 Y OF SOU TH BEND, INDIANA South Bend municipal Code Section 4--5, i NEW LRENEWAL I A. Type of license applied for: SCRAP METAL DEALER [a] X RECYCLING OPERATION Business Name Ri m nrss. Address City --? I r l Mailing Address (If different from above) City 0 Oj JUNK DEALER State Zip q, &' I _jc State 1__V\ Zip CA (1 3 1 (. E Business Telephone Number F. Business Fax Number 1, - I 1\ �. G. E-mail Address Zoning of proposed location I. Lot Size of premises J. Type of fencing used Please Continue to Page 2 (barV, of sheet) L-1mom 4 For Qffiqe::LjS0_.Q!1.1y I ; -ICENSE APPLICATION FOR CLING OFF-RA-TIONS SCRAP METAL DEALERSIJUNK CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4-51 RE I. Check One, BUSINESS DATA NEW -,/RFNF-WAL jc'l A. Type of license applied for: SCRAP METAL DEALER --SIZ JUNK DEALER RECYCLING C)PERAWN L C�p B. Business Name U r C' Business Address '-pLy " City State zip . . .......... ..... .. .... ... D, Mailing Address (if different from above) City State - Zip E. Business TElephone Number 2 If .23 F. Business Fax Number G, E-mail Address H, Zoning of proposed location L Lot size of premises i Type of fencing used pjease Continue to Page 2 (back of shget) Rb im, P P, PC lce� r -ffiin bun proval an-E, J6 lid' -q&Oi -RAJ&�Q-`,�`�- fd r q& j el "N Rt"Ap �P_r/ W-k Dealan!RecYding operation -Scrap Meca-1 Dea J 6 page 2 Leased �y 3POcz3nt K. Are prem ses' _� u leased: Name of oW-ner Business address License APPVC-7-dOn ---owned by appfirWV Vi, AFFIRMATION 1, hereby, certify and a-ffirm that all of the information 1 have givell in this application is true and accurate to the best Of my knowledge, I further certify and affirm that I have in no way ;attempted to mislead the City in this application by OmKting facts known to me. I have read 0 Scrap Metal Dealer/Junk Dealer /Recycling and undemtand the regufati011s f the S unicipal Code , Section opp,raftan/Transfer Staflon jjv,__nse found in the City of south Band M i - _z Date LICENSE APPLICA T ION FOR SCUP sITL tSlJt9NF IAIWEtSl�CI' l llPTINS CITY U[- SCUu I h bjzj�41,,i, seutil Bend municipal Code section 4-51 a 'tom C; 0,tk':� f74i �.�._ 1 I. Check Ong: NEW __t /RENEWAL JAIL �O1 IL BUSINESS DATA A. -Type Of license applied for Y! SCRAP METAL DEALER JUNK DEALER REGYCLENG OPERATION B. Business Name G.. S 4 Sit a -`' o PA-fzk'e, --_, C. Business Address Zip 21&f R. Mailing Address (If different from above) city State Grp E. Buslncss Telephone Number 33 - F, Business Fax Number G. E•mall Address H. ,Zoning of proposed location I. Lot size of premises f ©' J, Type of fencing used Please Continue to Wage 2 (lack of sheet) ° E""c�rfif]$Fice i�se Qn9�y � �� k.� L It -�f, * >s 4 �''i� iF�^ -f �h 'i"}U {•� 4 -- y S C51 f- . •. a lta,tinn Paleda�er 4orks ,r z e ��lieaaraieelF�aici� tipal :5 :le i Rciarci r t4ta f]eparlau�ri#s " Police D 45. zCrtme Prey r Le,.j tJapartl�Tien ommo�n ounciE A'P�raval� �d(e�)anorcoen# „ 1�scena�F���P�ic('� �klk��IItg�De�i$:^ •x % ' [ 3'II= iG�rlSn�tlVilP�llit?rx 4 r . A AI7prCiiPC'i.' r. ?a50i1: pa (Te 1 Winona Hays - ReaLK CORP From= Stephen Coen To: Winona Hays Date: 1/14/2010 7:39 AN Subject: Re: LKQ CORP Approve for records check This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department - Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235 -7515 (574) 235 -7538 >>> Winona Nays 1/13/2010 1:42 PM >>> SEE ATTACHED Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 -235 -5935 whaysC sauthb_endirn.gov Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rrn 455 South Bernd, IN 46601 574 - 235 -5935 Whays�thbendig..gov file: / /C:1Doeumenzts and Settings\WHAYSTocal SettingslTemp lXPgrpwisc14B4ECA3ES... 1/14/2010 SCRAP YARD INSPECTIONS 2010 1uspected by: Sgt. Aai °Git CaOc —1 South Bend Folice B eWlrtmnerLt Crime prevention Unit 235 -9401 Gertrude Street Metal Recycling, 3700 S. Gertrude (recommended) I met with Gary from Gertrude Recycling. He gave us a tour, and was able to show us their updated surveillance system that is recorded on hard drive. Ile was also able to provide both city forms, and state forms that customers must mill out. They keep all keep all paperwork on computer to sort, and search much easier. LKQ, 1602 S. Latfayettte (RecOmMended) Met with Tony Grant. Mr. Grant was able to provide all required items, and has an excellent video surveillance system. INDLk NA AUTO PARTS, 3300 Se Main St (Recommended) Met with Paul Shafer, Indiana Auto Parts was in full compliance with all required items. They have a very good video surveil] ance system, and had their binders of all purchase transactions, and forms for transactions less than $ 1.00. LICENSE APPLICATION FOR ScpAAP METAL DEAL.I_R -SdJUMK DEAL- RS-fRECYGI.ING QP i TI]DNS �.. CITY OF SOUTH BEND, INDIANA � { �r° South 5ertd fviunicipal Code Section A -5'i ,_ie €,� �n 11': Li 2 ,� AI`I 1 4 7Qi'1 Check Ore: NF1N i RENEWAL BUSINESS DATA A, Type of license applied for; ` sCRAP METAL DEALER t! JUNK DEALER RECYCLING OPERATIGN B. Business Name ^ C. Business Address - o� • �1 e � i J� city Slate _zj_ Zip _Ca D. Mailing Address (if different from ahcve) ,..��.._- city State Zip — .-- ... -..- -- E, Business Telephone Numbers _ a 7 P, Business Fax Number G. iF- mahAddress H. 70nsng of proposed location I. Lot size of J, hype of Fencing used Phase Continue to Page 2 (beck- of sheet) )p7[IGatrati yFElet3 1�Ja�e ��V4�EUrks�� F'a1EC8 {VQ t FiF cOrs�S xt.7llchtionf -,Pe Ed h Police iJpt m GrESrss,l�reta a Eg etd lao' a enfs CoE M. qn CbgnciIApproval� k opaz en ntcitcerr�enk 'aEd clW 1 a ', i�iCEE15@ idl�#31,I3 @r Y" ,I�dEEtg?[3E=p4. 4��`��Pravcl3 SCRAP METAL DEALERSIJUNK DEALERSIRECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4-51 Check Orie: NEW BUSINESS DATA A. Type of license applied for: RENEWAL DO C" SCRAP METAL DEALER RECYCLING OPERATION B. Business Name - JUNK DEALER C. Business Address IF City &A II A/ State -CAI Zip '- doo D. Mailing Address (If different from above) (638 City State /1,//0 zip 3 13 E. Business Telephone Number F_ Business Fax Numnber J-7--' Y-� 7 G. E-mail Address J; e. 0 � s=­ /( H. Zoning of proposed location r_� Lot size of premises Type of fencing used Please Continue to Page 2 (back of sheet) ,'A_. S cr,.a:, P, M eta i Page 22, K. Dealer/Jijnlrk Dealler/Recyding Operation License Appl cation Are premises: Leased by appkant owned by applicant? If ]eased: Name of owner Business address PERSONAL DATA A. Applicant's Legal Name B. Residential Address City State zip C. Residential Telephone Number 1237— D. SSMINOWNIMEW—, E. Date of Birth IV, INCLUDE, WITH APPLICATION, A SITE PLAN OF THE FACILITY SHOWING PROPER TY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE, AND LANDSCAPING. ' V. INCLUDE, WITH APPLICATION, A $5.00 PROCESSING FEE VI. AFFIRMATION 1, hereby, certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer/junk Dealer/Recycling Operation/Transfer Station license found in the City of South Bend Municipal Code, Section 4-51. 7" Date Signature oyl LEE HROOM i Shapi -o Metals South Bend Facility 2920 W. Sample South Bend, N 46619 BALER I3 F CUSTOM ER EQUIPMENT STORAGE FUEL w __ page 1 of 1. Winona Hays - Rem ShaPiro Sales From, Stephen Goen Toe Winona Hays Date, 1/26/2010 9:57 AM Subject. Re: Shapiro Sales Records Check approved This message may contain confidential and /or proprietary information and is intended for the person/entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department - Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235 -7515 (574) 235 -753B >>> Winona Hays 1/25/2010 2:18 PM >>> See attached Winona days Clerk, OVB 227 W. Jefferson Blvd. Rrn 455 South Bend, IN 46601 574 -235 -5935 whaysC?southbendin.gov file: / /C:1Do=iients arid Settln ;s\WHAYSTocal Settings lTemp\XPgrpwise14135E13C6DS... 1/26/2010 page I.7 f i Winona Hays © e' Shapiro Sales From, David Tuna_ate To, Winona mays Date, 2/5/2010 10:33 AM Subjects Re: Shapiro Sales Ms. Hays- I have no problems or issues with Shapiro Sales. Dave >>> Winona Hays 1/25/2010 2:18 PM >>> See attached Winona Hays Clerk, OVS 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 - 235 -5935 w hays@ southbend i n-99y file: / /C:1Documents and Settings\WRAYS1.Loca1 Settings lTemplXpgrpwise14B6BF3FOSO... 2/5/2010 i='a ce I cif- 2 inona Hays - Pte Shapiro Metals From, Federico Rodriguez To, Winona Flays Date, 2/10/2010 8:39 AM Subjer-te Re: Shapiro Metals Winona, This business address has been inspected once and the owner called last week wanting more time because he was sick. Inspector going back for re- inspection early next week. Federico "Chico" Rodriguez Assistant Chief Fire Prevention South Bend Fire Dept. 1222 S. Michigan Street South Bend,In. 574 - 235 - 7564(0) 574 - 235- 9305(F) frodrigu@south..bend_in,goy >>> Winona Flays 2/9/2010 9:12 AM >>> The inspection is for Shapiro Metals, 2920 W. Sample St. Winona Hays Cler=k, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574- 235 -5935 whaysQsouthbendin.9or >>> Federico Rodriguez 2/9/2010 8:35 AM »> Could you please give me an address to SMJD so that I can look up status on if it has been inspected. Federico "Chico" Rodriguez Assistant Chief Fire Prevention South Bend Fire Dept. 1222 S. Michigan Street South Bend,In. 574 °235 - 7564(0) 574 - 235- 9305(F) frgdrjgu@squth.be.ndin.gpv >>> Winona Hays 2/8/2010 11:19 AM >>> SMJD Approval, I guess this isn't as old as I originally thought, but I'm still wondering when their inspection will be done. Thanks! file: / /C:\Docume11ts and Scttings1W1-1AYS1Loca1 Settings lTemp\XPgrl)wise14B727OD7SO... 2/10/2010 LICENSE APPLICATION FOR SCRAP FETAL DEALERSIJUNK DEALERVRECYCL ING OPE ATMN CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4 -51 Check Oise: _ INE`N BUSINESS DATA A. Type of license applied for: x RENEWAL. SCRAP METAL DEALER RECYCLING OPERATION B. Business Name 3, vilod JUNK DEALER C. Business Address? City State N1 Zip _�U.1.2 D. Mailing Address (if different from above) State Zip City E. Business Telephone Number F. Business Fax Number G. E -mail Address N. Zoning of proposed location c f. Lot size of premises J• Type of fencing used Please Continue to Page 2 (back of sheet) MENSE APPLICAMN FOR SCRAP METAL DEALER -5/JU K_ D AL.Ei 1RECYCLi g-p-ERA" 0N CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4 -51 Check One: NEW ll_ BUSINESS DATA A. Type of license applied for: x RENEWAL SCRAP METAL DEALER RECYCLING OPERATION B. Business Name J JUNK DEALER C. Business Address ) v4' �l State TA Zip City �✓ �' ��� J/+ D, Mailing Address (If different from above) City l J State lVr Zip E. Business Telephone Number F. Easiness Fax Number' �? . G. E -mail Address c4_ %1G,.. fr! =^ H. r� Zoning of proposed Icoation :`; -Zj I. lot size of premises ,? J. Type of fencing used 'lease Continue to Page Z (back of sheet) For ofr�ce.Use.Only Ap P Hcation Filed Water Works. APp.li ation Fey Paid Police. Dept. Records Si t tc� ® p��tr e is Police Crept. -- Crime, Prev. Fire: D r i t common Council Approval Code Enforcement License Fee Paid E3 • @d' nn t f1 License Number Not Approved Reason: ... (211512010) Winona mays - SCRAP YARD INISP ~CTIONS 20110-3 doc _- Inspected ley: Cpl. Aaron Cassel South bend Police Department Crime Prevention Unit 235 -94011 Steve and Genes (recormend with reservations) I spoke with Steve of Steve and Genes. He does not have a video system, and does not have the required binders. IIe stated that he is currently using the space for storage only, and is trying to sell the business. He needs the license so he can sell the business, and store his items. I believe that he is not doing business as he is never there. I recommend that he is granted this permit, but will be making periodic checks to make sure that he has not started doing business again. Shapiro Sales, 2920 W. Sample St. (Recommended) Met with Nathan Adamczyk. They do not have video surveillance because they do not deal with any walk up business. They only deal in large quantities (semi -truck size loads). They do keep records of all purchases brought in, and do not deal with transactions under $100 dollars. Schrock Aggregate, 1702 N. 13endix (Recommended) Met with Dave Majors. Scrock only deals in large amount (truck loads) of gravel, concrete, and sand /dirt. They do not deal any scrap metal, or take walk -ups. Therefore they do not have video surveillance of transactions, or keep records of transactions off less than $100. All of their business in contactors, and they keep records of all of their sales to these contactors. Page OR SCRAP IME T A Dt����LFRSIJU DEALER i lk �= CITY OF SOUTH BEND,. MD1r_1NA LICENSEE .�a'EPLi IC South Bend Municipal Code Section 4 -51� A Check Ope: NEW !ENEWAL Gl. BUSINESS DATA A_ Type of license applied for: SCRAP METAL DEALER RECYCLING OPERATION y r V00 ME pqg JUNK DEALER B. Business dame C. Business Address �' S7 City () State bad _ Zip D. Mailing Address (if different from above) City State Zip E. Business Telephone Number F. Business Fax dumber G. E -mail Address N. Zoning of proposed location Lot size of premises Type of fencing used Please Conti nue to Page 2 (back of sheet) Application File Aoplica i®n`Fee:Paid J 2�r Code-�n orcemen ! - },� ? B01ding Dept, Hat A proved Reason; ,g 0�o pp[3ICat0 s ^v " sf Scram'Metal Deale -/Fu e O e G { � � Page 2 K. Are premises: _ __ __ Leased by applicant owned by applicani? If leased: name of owner Business address M. PERSONAL DATA A. Applicant's Legal name _ - B. Residential Address �-° State � i °L c4 Zip � City C. Residential Telephone Number D. SSi`i _ E. Date of Birth IV. INCLUDE, WITH APPLICATION, A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE, ORACLE, AD LANDSCAPING. V. INCLUDE, WITH APPLICA T ION7 A $5.00 PROCESSING FEE VI. AFFiRMAT10N I, hereby, certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in no Way attempted to mislead the City in this application omitting lerl��R� �ealerlRecycl ghave read and understand the regulations or the Scrap Metal Operation /Transfer Staftn license found in the City of South Bend Municipal Code, Section 4-51. Date SignatL[re v 1, j� j -U_i. I PC 3 I 8 M " P age% 1. �Z ). x �n®r a Hays - Re, AppficafiallS f0rlthe fort lzvd Yee From; David T ungate To, Winona Flays Dates 12/7/2009 10:10 AM SubjectA Re: Applications for the new year Ms. Hays- I have no problems or issues with the below listed business licenses. Is this email sufficient? Dave >>> Winona Mays 12/4/2009 12:32 PM >>> Hello All, I'm trying to get all the SMJD licenses issued by the end of Janua _ this year, so I asked the various businesses to send their applications now. Attached are the one's that I've received so far, 8 of the 16 that need to be done. Please let me know if you need anything else. Winona Fiat's Clerk, OVB 227 VV, Jefferson Blvd. Rm 455 5outh Bend, IN 46601 574- 235 -5935 whay_ssouthbendin.gov CC �- C_.z 4 (--7t uz Z"!, r ILk C�Ci� -�C)Lo file, / /C:\Docuirlents and Settin- s1-MAYSTocal Settings\ Tell11)1XP -,rpwisel4BICD432S... 1.2/7/2009 ;�i~ ° I va�� !O � �m CSR i 3 UN i al .I k-" E r i 7 UAN '�v SDUth Bend Municipai Code Section 4 -51 W !,<<. ;ate• i_�r;,`�#�1�l�_ Check-One: N'EVV RENEWAL. SU&NIEESS DATA PE RA T). A. Type of license applied for. L_—­---- r' ! ' JUNK DEALER SCRAP METAL DEALER — -- — --RECYCLING OPERATION r B. Business Name C s N? N.. C. Business Address � �.� �f s State I —kid Zip City D. Mailing Address of different from above) State Z!P City _ l . E. Business Telephone Number r" F. Business Fax Number G. E -mail Address H i Zoning of Proposed location"'. Lot size of Premises Type of fencing used PHeaseCvnfinue to page 2 (back of s-heet) l`L ;- -' �1�r police Dept "'.�'DepaFtment It I ot`Akpproved Rdasop_ Pages S o Winona Htwys ° i1cz, ��cr new Y(Ear ,.la. r k, �¢�°�: i ° Lyons To: Hays, Winona Date, 12/312009 3:55 PM Subject: Re: Applications for the new year A -1 Auto - Approved Greentech - Approved Treadstone - Approved Alternative Two - Approved Steve & Genes - Approved US Scrap 1420 Walnut - Approved US Scrap & Recycling 1420 Walnut - Approved US Scrap 2014 -2016 Washington - Approved US Scrap 1610 Circle - Last year listed as 1700 Washington, wanted to verify the address. Omnisource - Last year listed at 1305 Prairie Ave, renewal for 7575 Jefferson, location change? Wouldnt this be considered new instead of renewal? Mark Lyons Assistant Zoning Administrator 125 Lafayette Blvd., Suite 100 South Bend, IN 46601 Phone (574) 2359554 Fax (574) 235 -5541 >>> Winona Hays 12/4/2009 12 :32 PM >>> Hello All, pm trying to get all the SM)D licenses issued by the end.. of Janu4W.. this year, so I asked the various businesses to send their applications now. Attached are the one's that I've received so far, 8 of the 16 that need to be done. Please let me know if you need anything else, Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 -235 -5935 whaysQ.south.bendin,gov �,1 � ll[ 1i��cui ezzts aad. Set i lgs\WKAYS1Loca1 Settiz,gslTeT,,p\xPL) pwise14B3CC167S0... 1/4/2010 Winona a Flays - RO; M3 Apps FreFri; Stephen Goen To,. Winona Hays Date; 1/6/2010 9:59 AM SubjeCT: Re. SMJD Apps Winona, All have been approve with records check, A -1 Auto Part, Thomas Brogdon was arrest for battery on 02/01/06. This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co, Fatal Alcohol Crash Team South Bend Police Department - Traffic Investigations 701 W. Sample St South Bend, Ill 46601 (574) 235 -7515 (574) 235 -7538 >>> Winona Hays 116/2010 9:39 AM >>> See attached. Let me know if you need anything else. Winona Nays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574- 235 -5935 whQYS@ South bendin.go_v 6R) t )�(--QIA 0\ file: / /G:1Uocui3ients ai1d Seitilzgsl 'AlI4AYS\Local Settingsl TelnplYPgfpwlse14B44aJ�0oSOU,.. 1/6/2010 Page 1 (12,812009) Catherine Toppei - Steve & Ger?e's pdf - LICENSE APPLICATION FOR �!F�LEBf�IUI< 7FAI_�.�iC`�CP € OP�s° CITY OF SOUTH BEND, INDIANA South Bej)d Municipal Coda Section 4 -69 E �LL I. C ec O e� MEW ENoAIAL II. BU51EE5S DATA L - e: A. Type cf license applied for: SCRAP METAL DEALER —. JUNI< DEALER -"!RECYCLING OPERATION / B. Business Name C. Business Address r 1 State L � Y zip City �— D, k4ailing Address (If different from above) — State Zip City E. Business Telephone Number F. Business Fax Dumber G E -mail Address 1 H. Zoning of proposed location I. fat size of premises J. Type of fencing used �? I Please CO3Pa$ir3Ue iO page 2 (back of sheet) r=ar•.�ces,C3r�Iv ,."I,p�lication Had Appiicatiasa Fee Paid ? 3�nt to D6partrnents 1) C- , Fare Pppart!nent. - CCbE e —n orcet er%$ - E3uilding Dept- N ot: Ap p roved water Works Police.DepLt. - Records. Police Dept. �- C: ime pre, ;. common Council Approval.-- License.Fee Paid. — License Number _ _ (2/15/2010) 'Rona Nays SCRAP YARD It rc - � 20'E C] 3.c c�c SCRAP YA" INSPECTIONS Inspected by: Cpl. Aaron Cassel South Bend Police Department Crime prevention Unit 235 -9401 Steve and Genes (recommend with reservatioaIs) 1 spoke with Steve of Steve and Genes. He does not have a video system, and does not have the required binders. He stated that he is currently using the space for storage only, and is trying to sell the business. He needs the license so he can sell the business, and store his items. I believe that he is not doing business as he is never there. I recommend that he is granted this permit, but will be making periodic checks to make sure that he has not started doing business again. Shapiro Sales, 2920 W. Sample St. (Recommended) Met with Nathan Adamczyk. They do not have video surveillance because they do not deal with any walk up business. They only deal in large quantities (semi -truck size loads). They do keep records of all purchases brought in, and do not deal with transactions under $100 dollars. Schrock Aggregate, 1702 N. Beadix (Recommended) Met with Dave Majors. Scrock only deals in large amount (t►ucic loads) of gravel, concrete, and sandldirl. They do not deal any scrap metal, or take walk -ups. "Therefore they do not have video surveillance of transactions, or keep records of transactions off less than $100. All of their business in contactors, and. they keep records of all of their sales to these contactors. RE SOLUTION NO. GATEWAY PLAZA REAL ESTATE, LLC 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 Vacant Land Adjacent to 3305 Lathrop Drive, ,South Bend, Indiana, and which is more particularly described as follows: Lot 2 Total. Industries Lathrop St-Minor-04105 New Replat 'Trans 14822 - 2/06/04 and which has Key Number 25- 1010- 0409MI, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1- 12.1 -2.5; and W14EREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHERE-AS, the Council has determined that the qualifications for an economic revitalization area have been met. WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption. of the Declaratory Resolution as Resolution No. 3928 -08 on December 8, 20080; and WHEREAS, the Petitioner will exceed the two year designation period granted in the Confirmatory resolution., which will expire on November 23, 2010; and WHEREAS, the Petitioner has requested an additional period of time to complete construction of the planned project. NOW, THEREFORE, BE IT RESOLVED by the Conunon Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for real property tax abatement only mid is now III -nited to three (3) calendar years from the date of adoption of the Declaratory Resolution by the Cornmon Council. SECTION 11. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of three (3) years. SECTION Ill. This Resolution shall be in fall force and effect from and after its adoption by the Conunon Council and approval by the Mayor. Member of the Common Council F1106 ` -.F",0 ruo, 1200 COUNTY-CITY BUiLViNc 227W. JFrrERSON Bcut,F vARu Sourli BIND, INDIANA 46601 -1330 Nux ,F 5741235 -9371 F.Ax 5741235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, IMAYOR COMMUNITY& ECONOMic DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR February 11, 2010 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, iN 46601 RE: Real Property Tax Abatement Designation Extension for: Gateway Plaza Deal Estate, LLC Dear Council Member Rouse: Please find attached a letter from Jamie Ruiz, Managing Director, Finance and Asset Services for CB Richard Ellis /Bradley and Agent for the petitioner, Gateway Plaza Real Estate, LLC, In the letter Ms. Ruiz is requesting an extension of the designation period for a three year real property tax abatement granted to Gateway Plaza Real Estate through resolution number 3928 -08 on December 8, 2008. The designation period granted to Gateway Plaza was two years and is due to expire on November 23, 2010. The company is requesting a one year extension on the designation (making the total designation three years). The extension request is due to a delay in the anticipated anchor tenants committing to the project which in turn has delayed the start of planned construction. Tenants have postponed committing to the project because of the current economic conditions. Also, in spite of extensive marketing efforts alternative tenants have not been found. Gateway Plaza is now planning a fall 2010 ground breaking. But with an anticipated ten month construction schedule the project will not be completed before the designation period expires which will make the building ineligible for the abatement. In view of the current situation Gateway Plaza is requesting a one year extension of the designation period. The request falls within the Council's guidelines, which allow for a company to request up to a one year extension for good reason, In addition to Ms. Ruiz' letter, I have attached a copy of a revised Statement of Benefits (Form SB -I ) and a copy of the original staff report and petition for your review. Ms. Ruiz or another representative from Gateway Plaza will be available to meet with the Committee and answer any questions on Monday, February 22, 2010. C'ommuNITY DEVELOPMEN'r F.CONoN(1C DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER Dn NALD F.. INKS MANAGEMLNT 5741 2:35 -9660 5741235 -9371 ELIZABRTH LEONARD FAX: 5741235 -9697 570235 -9371 Please note that the original abatement was a special exception abatement, however, the same circumstances that warranted the granting of the abatement for Gateway Plaza still apply. Should you or any of the other Council members have any questions concerning the request or need additional information, please feel free to call me at 235 -5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Lueeke Jeff Gibney Don Inks He CBRE E OCT 2 9 10119 October 28, 2009 Robert Mathia Assistant Director South Bead Economic Development 227 W. Jefferson, Suite 1200 S South Bend, IN 46601 RE: Gateway ]Plaza Phase TV Tax Abatement Dear Bob, P.O. Box 540 South Bend, !N 46624 574 237 6000 Tel 574 237 6001 Fax www.Cbre.com /southhnnd This letter is sent in response to your e -mail dated October 22 in reference to Gateway Plaza Phase IV (vacant land adjacent to 3305 Lathrop Drive, South Bend) and the recent appointment of tax abatement and an Economic Revitalization Area (BRA) designation for the project. Due to current economic conditions, the anticipated anchor tenant(s) for Gateway Plaza Phase IV have not been able to follow through on their intent. Subsequently, the project has been postponed with a projected spring 2010 groundbreaking date. CB Richard Ellis ! Bradley has had the project marketed as available since May 2009 and has been actively approaching users during that time. We will continue with these efforts in attempt to expedite the project to the best of our ability. We appreciate the Common Council's understanding of the owner's inability to begin construction given the factors above — factors that are, to a large extent, out of anyone's control. We would therefore like to request a one -year extension of tax abatement. I loop forward to hearing from you with further direction and /or feedback. As always, please feel free to contact me with any questions. Sincerely, CB "rd Ellis j Bradley JaMie Ruiz (�fanaging Director, Financial & Asset Services Cc: Brad'Foothaker Anneliese Woolford STATEMENT OF BENEFiTS 20—_ PAY 2ti_ REAL STATE IMP OVEN ENT S ... ..... x'- /' State Form sf 767 ;R21 r -07) {7RC� SG -1 !Real Properly 6e r1rescrlbed bvthe Department cf Local Goverrment Flcance This statement is being completed for real property that qualifies under the Tollow ng Indiana Code (check one boy)'. Redevelooment or rehabilitation of real estate improvements (IC Eligible vacant building (iC 6- 1.1- 12.1 -4.8j iNSTRUCTI ON& 1. This statement most be submitted to the body designating the Economic Revitaliza #ion Area prior to the public hearing if the designaiing body requires information from the applicant in making its decision about whether to designate all Economic P.evitalization Area. othery:/ise this stafemei)l must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to clairn a deduction. "Projects" planned ©rcommitted to after July 1, 1957, and areas designated after July 1, 1957, require a STATEMENT OF BENEFITS. (IC 6 -1.1 -12.1} 2. Approval of the designating body (City Council, Town Board, County Ceuncit, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction, application Form 322 ERA /RE or Form 322 ERA/VE3D, Whichever is applicable, must be filed with the County Auditor by the later of (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30. 1991, must attach a Form CF -1 /Roof Prnperty annually to the application to show compliance with the Statement of Benefits. /ic & -1.1- 12.1 5.1(b) and IC 5 -1.1- 92.1- 5.3y)J 5. The schedules established under IC 6- 1.1- 12.1 -4(d) for rehabilitated properly and under 1C 6- 1.1.12.1- 4.5(1) for vacant buildings apply to any statement of benefits approved on or after Jtdv 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before July 1, 2000, Name of taxpayer Gateway Plaza Real Estate, LLC c/o CB Richard Ellis I Bradley Address of taxpayer (number and street, cify, state, and ZIP code) P.O. Box 540, South Bend, IN 46624 Name of contact person Telephone number TE-rroil address Jamie Ruiz (574) 237 -6000 UIZ(a?CBRESB. NOTE: Pursuant to IC 6- 1.1- 12.1 -5.1 (d) (2) the COST of the property Is confidential. Current values Pius estimated values of proposed project Less values of any property being replaced Net estimated values upon completion of project Estimated solid waste converted (pounds) �h REAL ESTATE IMPROVEMENTS COST ASSESSED VALIiE 13,000.00 �W 13,000 1.480.180.00 111111404111 Estimated hazardous waste converted (pounds) T '.„ Other benefits The owner intends to construct a new building, comprised of approximately 31,819 square feet, as Phase IV of its adjacent Gateway Plaza development. The new building will be of similar construction as the existing Gateway buildings and can be demised to 7 units of approximately 4;320 square feet each. The new construction will bring additional industrial /office flex space to the South Pend market, a product type that has shown demand in recent months, with low to moderate availability In terms of supply. The building will also accommodate tenants, such as Memorial Health System, with expansion needs. I hereby certify that the representations In this statement are true signet of a rized,represenlative Title / Page 1 of 2 224-2,a 7't - Date signed {month, day, year) G C �`Ca Z l / -3 , A) ``It Er_ Vtte have reviewed cur prior actiocs relating to the designation of this Economic Revitalization A ea arid find that the applicant meets the general standards acopted in the reso €ution previously approved by this body. Said resolut'on: passed u1tder iC a t.1 t 2.1, provides for the folloeding imitations A. The designated area has been limited to a period of time not to exceed calendar years ' ; see bce ow). The date this designation expires is E. The type of deduction that is allowed in the designated area is limited to 1. Redevelopment or rehabilitation of real estaie improvements i Yes L No 2. Residentially distressed areas Yes J No 3. occupancy of a vacant building C' Yes a No C. The amount of the deduction applicable is limited to S D. Other limitations or conditions E, The deduction is allowed for years' (see below). 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. Date si nad month, day, Approved (signature and title of authorized member of designating body) Telephone number l 9 ( Y year) Attested by (signature and title of attester) I Designated body " If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6 -1.12- 12.1 -4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements. 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 i 200 COt INl -r -C] I.4 BUT DING 227 W. j FT- fErson BauuvARL] SOI TN H HIND, INDIANA 46601 -1830 October 29, 2008 PHONE 5741235 -9371 FAx 5741235 -9021 TDD 5741235 -5567 CITY OF SOUTH BEND STEPHFN J. LUECKE, IMAYOR QMMUN� C®Nomic DEVELOPMENT JEFFREY V. GIBNEY $XECUTivE DIRECTOR Council Member Derek D. Dieter, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real PropertyTax Abatement Petition for: GATEWAY PLAZA REAL ESTATE, LLC Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a commercial real property tax abatement petition for the above- referenced petitioner for construction of a new facility to be located on vacant property adjacent to 3305 Lathrop Drive. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The petitioner, Gateway Plaza Real Estate, LLC. proposes to construct an approximate 31,819 square foot combination warehouse /flex building. Please note that the petitioner is asking for a special exception because the petition does not meet the general standards for a real property tax abatement as set forth in the City's Ordinance The petitioner is seeking a (3) three -year real property tax abatement, and a representative of the petitioner will be available to meet with the Committee on Monday, November 24, 2008. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -5835. Sincerely, 2,L Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jcff Gibney Don Inks COMMUNITY DFVELOI'MFNT ECONOMIC DEVELOPMENT FINANC3AI. & PkOCRAM NMELAC,MEVFR 00WLDE.INKI MANAGEIvLKh " 5741235 -9666 5741235 -9371 ELIZABETH LEONARD Fes: 5741235 -969; 5751235 -9371 1200 Col!NTY -Cn -v Bui]_ 7 NG 227 W.JEFFErsON BOi7LF,vARI7 SOUTid BEND, INDLANA 46601 -1830 P7 -{ONS 5741235-9371 FAx 5741235-9021 TDD 5741235 -5567 C]'PY of SOum BEND STEPHEN J, LuECKE, MAYOR COMMUNITY . EcONOMic DEVELOPMENT .JFMLEY V GIBNEY FxFctjT[VE DIRECTOR i ! !"i" Ill TO- SOUTH BEND COMMON COUNCIL FITIfflu t ^. SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: GATEWAY PLAZA REAL ESTATE, LLC DATE: October 29, 2008 On August 12, 2008, a petition for real property tax abatement consideration for vacant property located adjacent to 3305 Lathrop Drive was filed with the City Clerk by Gateway Plaza Real Estate, LLC. Please note: The petitioner is asking for a special exception because the project does not meet the general standards for real property tax abatement set forth in Chapter 2, Article 6, Sections 2 -77 through 2 -83.3 of the Municipal Code of the City of South Bend. Pursuant to Chapter 2, Article 6, Section 2 -82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -13-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition, investigated the area, and makes the following report. Gateway Plaza is proposing to construct a combination warehouse /flex building. The building will be approximately 31,819 square feet in size and can be demised to seven units of approximately 4,320 square feet each. The building will become Phase ICI of the adjacent Gateway Plaza and will be of similar construction. Tenants in the building are likely to be primarily warehouse users, but with some need for front- office space or showroom areas. All suites will have grade -level overhead door access, with at least four slated for dock access as well. The building site covers approximately 1.94 acres. The estimated cost of Phase IV construction is $1;480,180. COMMUNITY DEVELOPMENT ECONo\77C DLYE7.oPMENT FINANCL4L & PROGRAM PAMELA C. MEYxR 3DKA1 o E. Inrs MANAGEMENT 5741235 -9660 5741235 -9371 FUZAtiETH LEONARD Fr.x: 5741235 -9697 574!235 -9377 South Bend Common Council RE, Gateway plaza Real Estate, LLC, October 29-2008 Page 2 Total taxes to be abated during the (3) three -year abatement period are estimated at $79,214, Total taxes to be paid during the (3) three -year abatement period are estimated at $56,076. Per the petition, it is estimated that the project, by itself, will not create additional full -time or part- time permanent jobs within the first year of the project, but will enable a tenant, Memorial Health Systems, to move and allow for future growth. Memorial will maintain 14 existing permanent full - time jobs with an annual payroll of $858,924 including one existing permanent full -time minority employee with an annual payroll of $170,000. The total possible gains in employment resulting from construction of the building will depend on the kinds of businesses that locate in it and cannot be estimated at this time, therefore, the petitioner has not presented any projections on jobs created. As a result, no points were awarded for job creation in the Public Benefit Points Summary. However; much like the State of Indiana's Shovel Ready Industrial Park Program, the building will facilitate job creation by providing the necessary infrastructure for new investments to be made quickly and easily by businesses looking to start-up or expand. j l z tc A review of the tax abatements previously granted finds that the petitioner has not been granted or associated with any previous tax abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project, A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for real property tax abatement must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner does not meet the qualifications for a real property tax abatement under the general standards for tax abatement in the City of South Pend. However, the Ordinance does provide for an exception to the general standards, at the South Bend Common Council's discretion. A (3) three -year Veal property tax abatement is being sought as a special exceptions Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. 29-Oct-08 Gateway Plaza Real Estate, LL C Public Benefit Points Summary Qualify Earned Available Public Benefit Item: Y or N Points Points Project Related: 1. J A. Redevelop a Site that has Special Needs N 0 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan N a 36 Sub -total Project Related: 0 120 2. Super Size Projects (point values are cumulative): A. 100% to 1991A N 0 25 B. 2001/o to 299% N 0 68 C. 300% to 399% N 0 65 Dr 400% and Over N 0 52 Sub -total Super Size Projects: 0 210 3. Construction Related: A. Employ Local Companies Y 20 20 B. Purchase Materials from Local Companies Y 20 20 C. Require Employees vs. Independent Contract( Y 19 19 D, Require Target Wage Levels N 0 22 E. Require Health Benefits N 0 22 F. Require Pension Benefits N 0 18 G. Maintain Affirmative Action Plan Y 20 20 Sub -total Construction Related: 79 141 4. Wage & Benefit Related: A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 Sub -total Wage & Benefit Related: 124 162 5. Workforce Related: A. Create New Jobs Y N 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted hiring Preference N 0 34 Sub -total Workforce Related: 76 152 B. Pay for Municipal Infrastructure_: (point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26 -50% of Extension Cast N 0 26 C. Pay for 51 -75% of Extension Cost N 0 39 D. Pay for 76 -100% of Extension Cost N 0 52 Sub -total Infrastructure Related: 0 131 T Support a Municipal Facility: A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 279 1000 Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. Gateway Plaza Real Estate, LLC Additional i of Abatement From is Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Faints Summary: 279 Base Years of Abatement 3 144itional Years of i Total Yews of Abatement: 3 I c co 0 m 0 o N 0 m IN o N O O CD '" O Ln r LO tl- O t"O O t� T m co 0 0 0 N 'T T co LS) cr Cn I .�- r � �# tf) co N O It cli LLn N I il N 05 O O o T O CO C O o ti 0�- LO (b i, t1 t� O C) [O O O Ln LO O LO Lf3 LO M P` O C x O CA 0) m O O O r r 0 r- LLB LO T N Z@ 000 N co in Ln 0 Lo �p r CO kn co co O e-- ids O r- r N cY U C Ln O Q Q) p x -Z LIJ CO Q N C O C 0 co O Lo o 't C7 t~ LO N t� 3 U TEfEiEIEI � In to (O j (7) O O O LO LO LO N N 0) Lc i O 6) N Q) XI C) crJ Lri O X M z � Ear T co- 0 --mod"a ��� C Q] C2 c0 co It m LO CO CO Lf') �h et• T co Lg LO [L7 T N N V' id) d' 'Ct C•] X r a) �( CD Q) _ QS C@ O O o Lf) O C r r T T V Q) c O 0 LD LO D) CD m ti O x O O O 00 i co 0 CD LO x 06 OD < T SCD b to C � C cC7 O > N N C"1 7 Q7I > L m Q) Ln p o a V) CO N ° o O N {CS (A Z N c7 O Lt i C7 d D v� Q 0 r OD Q LO T 1 m co O C E @ O L C �Uui m o > a Q) m CD > Ui t6 U L U q�j w w m -a x x (D > > a) N x Q1 Q) U s O b Y Eli m +-' O 0 0 X co co m i] Q3 � Q 4 U Z d Q) Z 0 Z �QQ N _ co LS) cr Cn I .�- r � �# tf) co N O It cli LLn N I il N 05 O O o T O CO C O o ti 0�- LO (b i, t1 t� O C) [O O O Ln LO O LO Lf3 LO M P` O C x O CA 0) m O O O r r 0 r- LLB LO T N Z@ 000 N co in Ln 0 Lo �p r CO kn co co O e-- ids O r- r N cY U C Ln O Q Q) p x -Z LIJ CO Q N C O C 0 co O Lo o 't C7 t~ LO N t� 3 U TEfEiEIEI � In to (O j (7) O O O LO LO LO N N 0) Lc i O 6) N Q) XI C) crJ Lri O X M z � Ear T co- 0 --mod"a ��� C Q] C2 c0 co It m LO CO CO Lf') �h et• T co Lg LO [L7 T N N V' id) d' 'Ct C•] X r a) �( CD Q) _ QS C@ O O o Lf) O C r r T T V Q) c O 0 LD LO D) CD m ti O x O O O 00 i co 0 CD LO x 06 OD < T SCD b to C � C cC7 O > N N C"1 7 Q7I > L m Q) Ln p o a V) CO N ° o O N {CS (A Z N c7 O Lt i C7 d D v� Q 0 r OD Q LO T 1 m co O C E @ O L C �Uui m o > a Q) m CD > Ui t6 U L U q�j w w m -a x x (D > > a) N x Q1 Q) U s O b Y Eli m +-' O 0 0 X co co m i] Q3 � Q 4 U Z d Q) Z 0 Z �QQ N _ EST MATED TOTAL TAX REVENUE Gateway Plaza Real Estate, LLC REAL PROPERTY - THREE YEARS *Current tax levy LAND* Year $513 513 MBUILDING ITOTAL 513 $1,539 *Current tax levy October N. 2009 City al'S(btlth lkild ('Eiin$1101) Council Suite 400S C'o`int %' -C "ity 227 'Vest .leifierson Boulevard South Bend. Indiana 46601 CBREJBrudley www,rbre.com /soAbend Re: Gateway Plazas meal [,'state, LLC (tile "Petitioner') Application far meat Property Tai\ Abatement 1_)ear ladies and Gen lemem Oro above rel'creilced l'e:titiclner. we are requesting, pursuant to Section 2 -84 of tide South Mid Municipal Code. at Special Fxception to the Real Property 'l-ax Abatement definition fair Warehk)ltse° Dcvelopment contained within the South Bend ivluilicipal C odc. The definition flor Warehouses Development refers to: "economic activities described in i -lajor groups 421, 422, and 493 of the Norlh elmei-ican lrlcdustoP ('ICds.,�111C'tdii0n Uliited Stc1 es. 2002 nlanUill published by the United States 0111ce: of' Management and Budget's Fconelnlic Classification Mic:y C'C)mmittee, which manual is hcreh \, incorporated by refereilice..." Ho%%eve:r. Gil the 2OO2 r °ersioil of the m,,anual the e:cr�neirilic ticti �'ities described in L�rotips 42 i ,itid 422 "�e:re inaved t() other grocips. l)ue to scrivener's errors the group nliinbers were not rc\,ise:d "lien reference to the 2002 version oi' ille iilailuaEl was incorporated Mto the Municipal Code. Croup 493 is very limited in scope and does not include they type cif aativilies io be carried alit in the building as prOI)OSed hN� ttic VCtitioiter. (are ups 42 l and 422 include many ofthow activities. l=ur<iser. those activities have been Included In grolilas 423, 424, and 425 of the 2002 illaill Il. In � j,:w of'the aibo\c explanaiican. fonts else considerable anlolnit iii additional investment proposed in the City, the Petitioner is recluesting ar SPCCiatl F.xc:eption for the Project. `1'hailk \'01.1 \rcr}° inUCh fir yoa,ti' coij�iideraitiun of this request. ll'you 113VC any questions, PICFlae Iccl irCL to Coniiact u.S. Si€'ccrc'ly. 1 sic Ruiz. C 3 Richard f:llis /Braiclicy as iwent fOr e.ialc. vay Plaza Rcai i :statc: I.f.0 STA "TEM1ENT OF B ENEFiI:S 20_PAY20 REAL t:.. th0.l C ia' "R � 1!l t q is e -zi Y FORM S13-1 1 I Real Ptoperfiy State Form El 167 ;R21 1 -C7) `t� Prescribed by the Deparlrent of Local Government Finance This statement is being competed €or real property that qualifies under the fellawing Indiana Code (check one Box)'. 71 Redevelopment or rehabilitation of real estate improvements (IC 6 -1 .1- 12,1.4) ❑ Eligible vacant building (IC 6- 1.1- 12.1 -4.8) INSTRUCTIONS' i. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing i {the designating body requires nferration 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 of real property for which the person wishes to claim a deduction. "Projects" planned or committed to after July 1, 1987, and areas designated after July 1. 1987, require a STATEMENT OF BENEFITS. (IC 5 -1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc ) must be obtained prior to initiation of the rodeveiopmenl orrehabiiitatien, BEFORE a deduction may be approved. 3. To obtain a deduction, application Form 322 ERA /RE or Form 322 ;=RANBD, Whichever is applicable, must be filed with the County Auditor by the later of.' (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records ofthe township assessor. 4. Property owners whose Statement of Senedts was approved aHer June 30, 1991, must attach a Form CF -1 /Real Property annually to the application to show compliance with the Statement of Benefits. (iC 6 -1.1- 12.1- 5.1(b) and 1C 5- 1.1 -i2. 5. The schedules established under 1C 6- 1.1- 12.1 -4(d) for rehabilitated property and under rC & -1.1 12.1- 4.[3(1j for vacant buildings apply to any statement of beneffs approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shah continue to apply to a stafemertt of benefits filed before July 1, 2000. Name cf taxpayer Gateway Real Estate, LLC Address of taxpayer (number and street, city, state, and ZIP coda) P.O. Box 540 South Bend, IN 46624 Name of Contact person .ramie Ruiz, Nama of designating body Common Council c/o CB Richard Ellis Bradle Telephone number Localion of property County Vacant land ad!- to 3305 Lathrop Drive 5t. Joseph Description of real oraperty improvements, redevelopment, or rehabilitation (rise additional sheets if necessary) R d elo ment• Proposed construction of a 319819 +/- square foot E -mail address Resolution number 01-CF taxing district number Estimated start date (month, day, year) e ev industrial flex building to be known as Phase IV of the adjacent Estimatedcompletiandate (nonth,day, year} Gateway Plaza development. Multi-tenant building with up to.7 uni�s. 7/31/2009 Current number Salaries Number retained ( Salaries - - Number additional Salaries 14 $858,924 14 1 $858,924 0 0 NOTE: Pursuant to IC 6- 1.1- 12.1 -5.1 (d) (2) the COST of the property is confidential. Current values Plus estimated values of proposed projec Less values of any property being replar-E Net estimated values upon completion of Estimated solid waste converted (pounds) T Other benefits See attached Exhibit D. i hereby certify that the representations in this statement are true. Signature of authoo.Nd �qRsentative REAL ESTATE IMPROVEMENTS COST ASsEsSED VALUE Estimated hazardous waste converted (pou„ndst H i C lOrk9 j011,1,1 V00FIDE CITY C(n tIK, (',0, BrE'0il, IM...� Page 1 of 2 ra) in - and - Date signed ( it I ;� rI!e have reviewed our prior actions relating to ire dasignatian of this Econamic Revitalization Area and find that the applicant meets the general standards adopted in the resolution pCRviuusly approved by this body. Said resolution, passed under IC 6 -1 . ^ -i2.1, provides far the following limitoticns: A. The designated area has been limited to a period of time not to exceed calendar years (see beiow), The cate this designation expires is _. B, The type of deduction that's* allowed it the designated area is limited to; t. Redevelopment or rehabilitation of real estate improvements j Yes F, Na 2. Residentially distressed areas ❑ Yes C No 3, occupancy of a vacant building ❑ Yes ❑ No C. The amount of the deduction appiicable is limited to S D. other limitations or conditions (specir'yJ E. The deduction is allowed for years' (see below). 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. hone number � Date signed (month, day, year) Approved (signature and title of authori2ed member of designating body) 1 iele P Attested by [signature and iitfe of a ester] �eslgnated Body I If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6- 1.12 - 12,1 -4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. P, Far redevelopment and rehabilitation or real estate improvements'. 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may rat exceed ten (1 U) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2of2 OF SOUTH SEND r The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C� 6 -1.1- 12.1 -1, et se and South Pend Municipal Code Sec. 2 -76 gLLecL, for this petition states the following: 1. Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to your business: P ease see attached Exhibit D. Land Size ap. roximatel 1.94 acres; Building Size approximately 31,819 square feet, yet to be determined. 2. Describe the overall nature of the business and of the operations occurring at the Property (attach additional sheet if more space is needed): Tenants in the building are likely to be primarily warehouse users, but with some need for front -space office or showroom (similar to existing Gateway tenants). All suites will have grade -level overhead door access, with at least 4 slated for dock access, as well. 3. Estimate the dollar value of the project (excluding land): $1,480. 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: $13,000 land onl :2007 German Township assessment). (a) The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individuals or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS WEREST ( °A'; Gateway Plaza Deal Estate, LLC 2Q2 S. Michi an Ste. 200 100% c/o CB iichard Ellis Bradle South Bend IN 46601 (Rev $111/08) (b) The following other person(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); NAME ADDRESS 1 a ERIEST ( %) Memorial Health System, Inc. 2301 Bendix Drive Ste. 500 +6 480 SF The owner, via its appointed broker, will aggressively market the property to increase leasing activity and secure additional tenants for the building so as to retain and expand job opportunities. 6. The commonly known address of the Property is: Vacant land 7. The Key Number(s) of said property is: 25- 1010-0409.01 8. A legal description of the above address is attached hereto, marked Exhibit A, and incorporated herein. 9. A map and/or plat describing the Property is attached hereto, marked Exhibit B, and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. 11. The redevelopment or rehabilitation project itself will create 0 full -time and __D __part-time permanent jobs within the first year, representing a new annual payroll of $858.924 and will maintain 14 existing permanent full -time and 0 existing permanent part -time jobs including existing permanent full -time minority employment of 1 and existing permanent part -time minority employment of _ 0 with an annual payroll of $170,000. This project will maintain the existing personnel. 12. The projected annual salaries for each new position indicated above are estimated to be as follows (If more space is needed, please attach a separate sheet): No immediate new posifions will be created with Memorial's expansion, however they have requested that build -out plans include an addifianal doctor's office to plan for future growth. 13. Provide current employment wage information including; base rate, cost -of- living allowances, hazardous -duty pay, incentive pay including commissions and production 2 (Rev 9/11 M) bonuses, on -Cali pay and tips. fro Not Include; back pay, jury duty pay, overtime pay, severance pay, shift differentials, non- production bonuses, and tuition reimbursements (average hourly rate or range): 14. Indicate whether your company provides the following benefits (use YIN): —Y —Health Care Benefits —Y— Pension Plan YEmployer Provided Training (recognized or certified train ingleducational courses or programs) —N_Day Care (provide or contribute to the cost of child day care for its employees) —N —Transportation Assistance (provide direct or indirect support and assistance to its employees without private transportation to get back and forth from residence to place of employment) —N—Employer-Assisted Housing Program (provide an employer - assisted home ownership program) —N —Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the Community & Economic Development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 15. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR 25-1010-0409 2006 a 2007 Fula Land Part -Time Laborers $ 15.00 $� Onl Technical $ 36400 $ A Managerial $ 0 $ [CIA Administrative $ 24.11 $ N/A 14. Indicate whether your company provides the following benefits (use YIN): —Y —Health Care Benefits —Y— Pension Plan YEmployer Provided Training (recognized or certified train ingleducational courses or programs) —N_Day Care (provide or contribute to the cost of child day care for its employees) —N —Transportation Assistance (provide direct or indirect support and assistance to its employees without private transportation to get back and forth from residence to place of employment) —N—Employer-Assisted Housing Program (provide an employer - assisted home ownership program) —N —Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the Community & Economic Development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 15. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR 25-1010-0409 2006 a 2007 513.00 Land Onl 2005 pay 2006 $522.76 Land Onl 2004 a 2005 496.42 Land On * Per the St. Joseph County Treasurer's office (5121/08), there is no record of taxes paid prior to 2004 pay 2005, as there were no assessments. *Real Property Taxes only; Personal Property Taxes not applicable. 16. Please list the number of full -time and part -time minority employees for each of the last three years: (Rev 8111108) Year 2008 2007 m 2046. Full Part 1 =ull Part Full Part Black 0 0 NIA NIA Hispanic 0 4 Asian 1 Indian 0 - 0 —W--- Other 0 IT Does your business maintain an affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: Diversity mandatory training and education meetings for all staff yearly. 18. Indicate whether or not your project meets any of the following criteria (contact Community & Economic Development Dept. 235 -9335 for information on this section): N Conversion to residential use of a commercial Eligible Building as designated _ by the Community & Economic Development Dept. N Rehabilitation of a building that is either designated as a National Register or local landmark or is eligible for nomination as one, located in a National Register or local landmark district, or rated as Outstanding or Significant in the most recent Historic Preservation Commission county wide survey. N Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department N Pays for the cost of cleaning up a Brownfield, which is any site, building facility or complex that has been designated a brownfield by the Community and Economic Development Department. N Achieves a physical element identified in a development or revitalization plan that has been approved by the Council 19. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (attach additional sheet if more space is needed): M 24. Does your business financially support a Municipal Facility (i.e. municipally owned park, recreation center, cultural, arts, or entertainment facility)? NIA 4 (Rev 8111 /08) 21. Is your company incurring any of the cost of extension or oversizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (attach additional sheet if more space is needed): M 22. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). 23. Information is required on the construction companies that will be utilized for construction of the project. (Please complete the table on page 9 of this application). Please see attached. 24. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owners signature at the end of this application is Verification of this statement). 25. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAICS) major group within which the proposed project would be classified, by number and description: 'i 26. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 531120 Lessors of Non-Residential Buildings 27. The current use of the Property is Vacant Land and the current zoning is LI -Ligh industrial. 28. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property) and date of approval. M 29. Other anticipated public financing for the project including, if any, industrial revenue - bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, (Rev 8111/08) Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund, Neighborhood Business Development Corporation, Corporation for Entrepreneurial Development; or other public financial assistance, including but not limited to public works improvements. None. 30. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: Name: Jamie Ruiz Address: 202 S. Michigan Street Ste. 200 City, State, Zip: South Bend IN 46601 Telephone: (574)_237 -6000 31. Please indicate the name, address, and telephone number of the person who will work with Employment Training Services (ETS) for employee recruitment, and sign the ETS form attached to the petition if the real tax abatement is for warehouse or industrial developments. Dame: Jamie Ruiz (as authorized b insted tenants)_ Address: 202 S Michigan Street Suite_ 200 City, State, Zip: South Bend IN 46601 Telephone: (574) 237 -6000 WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): €floc _� Gateway Plaza Real Estate, LLC �-� By. IN. Jamie Ruiz, CB Richard Ellis i Bradley as Agent for Gateway Plaza Real Estate, ! LG (Rev 8/11/0 8) T O � U m z = N U t6 'C N rt! p o U T7 p �d N N m N O c.' O C E N C � O till - m -o L] N .0 C C U7 C U C O Ea O C ; m U U m Q C Q U E T Y ID Mr- � r _p b iPB 6 C fO p o E U �-0 �3C�� 7 U C t2 :J N O p C V m p O T f9 o m o o m C o _ � p E N NLF, U m o cs N U a U C � EU d fU U_ U - 7 om U L m y IV c ,n n. w m o di H3 Rte* "ra i P7 "s co cn (p � r CO cp tt7 C7 (D (P C9 (a L, cD (� m C4 f9 CD CO '�zzz�zzzz o o n o o n N E 0 U 0 J N a a � ? z 3 Ll1 x U v x o U a rnm�� �j 0�ca N O o7 t7 M I� M U u U C U C C N a � o o S U a m LU E a. E LL Z U CL N a C L 3 m U n c1. E U a N 0 O UJ C a U U a e� m U ✓o- � .� Q) v N N tll N v dJ Uf UI N N ✓l (n N N di H3 Rte* "ra i P7 "s co cn (p � r CO cp tt7 C7 (D (P C9 (a L, cD (� m C4 f9 CD CO '�zzz�zzzz o o n o o n N E 0 U 0 J N a a � ? z 3 Ll1 x U v x o U a rnm�� �j 0�ca N O o7 t7 M I� M U u U C U C C N a � o o S U a m LU E a. E LL Z U CL N a C L 3 m U n c1. E U a N 0 O UJ C a U U a e� m U ✓o- � .� a �a U � O U 'p C C O m i7 L � L_ Z" b � fC O V � O C � S 98 0 1 C O O 9 L � i fu O V C � O � U � 7 � N V C Q� O C9 U � a7 iy L � CD G CL SL N G [ri p I V N R E o O1 G m Vl l6 � .0 2 Q] Q o (D L 7 d m o cc � U C � N N N ._ C N m CL o m M U Lfi, (D O 16 C U C - O rn C Q � N V 4 N N � � C � � O Q T � C U L E a) U O � U d C U T7 'y N U O � 4 G j � O U u m c o z 0 L L] N a C L Ts ei U a N 47 C Q a t? z _T C a U m O 4 a N 4 N U O N d} a O U EXHOT A Legal I,Descriptons Parcel 25-1010-0409-01 Lot 2 Total industries Lathrop St -Minor -04105 New Replat Trans 14822 - 2106104 ExHiBIT B 3,p GERMAN T E,i/2 SEC. 2 8 7.38M. R,2E, EX IBi i c Property PnotogEaphs Faker, August 7, 2006 Standing east, shooting northwest Standing east, shooting west Standing northeast, shooting northwest Standing northeast, shooting southwest Standing northeast, shooting southeast Standing southeast, shooting southwest Standing southeast, shooting southwest Standing southwest, shooting southeast Standing southwest, shooting northeast Standing southeast, shooting northwest Standing west, shooting east my CLERK' 012% prop0s2d RedeveCopri cnt & }. np rove Ments The owner intends to construct a new building, comprised of approximately 31,819 square feet, as Phase IV of its adjacent Gateway Plaza development. The new building will be of similar construction as the existing Gateway buildings and can be demised to 7 units of approximately 4,320 square feet each. The new construction will bring additional industrialloffice flex space to the South Bend market, a product type that has shown demand in recent months, with low to moderate availability in terms of supply. The building will also accommodate tenants, such as Memorial Health System, with expansion needs, thus justifying their relocation out of the existing Gateway buildings. Adding space on -site to fulfill these needs will enable tenants to remain at the property and consequently, carry out longer lease terms. February 12, 2010 Derek Dieter President, South Bend Common Council 455 County -City Building South Bend, IN 46601 Re: Morris Performing Arts Center and Palais Royale Marketing Fund Appropriation Dear Mr. Dieter, I attach for filing with the South Bend Conunon Council an Ordinance requesting an appropriation of $10,200 within the Morris Performing Arts Center and Palais Royale Marketing Fund (Fund 273). Revenues from this fund are generated from the solicitation of funding for commercial promotion sponsorships and Morris marquee sponsorships. The marketing project for which the Morris Performing Arts Center desires appropriation consist of the following: $10,200 Renewal of a One Year Lease of a billboard to market the Morris Performing Arts Center. The Morris Performing Arts Center requests the Council's approval of tlus Ordinance that will benefit the City and its citizens. Sincerely, s Dennis J. Andres Executive Director DJA/kl1 Attachment FEB 1 G 2010 �`� f;'d VOCROE CITY CLEN, Z-0. PEND, 1'14, Morris Performing Arts Center ° 211 N. Michigan Street m South Bend, IN 46601 Office: (574) 235 -9198 ® Fax: (574) 235 -5604 ® http:Ihvww.MorrisCenter.org ORDINANCE NO, AN ORDINANCE O' O •' O COUNCIL OF i SOUTH BEND, INDLkNA, APPROPRIATING $10,200 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND n k , } BILLBOARD O —? C THE O i t AN f § � STATEMENT OF PURPOSE AND INTENT The Morris Performing Arts Center and Palais Royale Marketing Fund (Fund No. 273) was established for marketing and promoting of the Morris Performing Arts Center and Palais Royale. The marketing fund accrues from the solicitation of funding for commercial promotion sponsorships and Morris marquee sponsorships. Pursuant to Ordinance No. 9768 -07, the Morris Center has accumulated the necessary funds to renew a one year lease of a 12' x 20' billboard located near the University of Notre Dame and Kite Center Development on the corner of Edison Road and US 23 in South Bend. The use of this billboard will be to market the Morris Performing Arts Center. The Morris Performing Arts Center hereby requests those funds to be released to renew said billboard lease. The amount of $10,200 is requested for lease appropriation. NOW. T HEREbORE,13E fT ORLAINED ;?y' THE' COMAMO3ol COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1. The following sum of money is hereby appropriated and ordered set apart from and within the Morris Performing Arts Center anal. Palais Royale Marketing Fund for a. one year lease of a billboard to market the Morris Performing Arts Center. Account Number Description Amount 273 Morris Performing Arts Center $10,200 And Palais Royale Marketing fund Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. { c Member, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend., Lndiana on the — day of , 2010, at o'clock _ m. City Clerk Approved and signed by nee on the day of 2010, at o'clock —.M. Mayor, City of South Bend, Indiana Hed In :' C6 St PI�ADIRG PtS &l.!r ,aEAWG PASSO FOUNDATION 803 LINCOLNWAV WEST SOUTH BEND, IN 46616 PiTnNr (574)289 -1066 Fax {574)289 -4550 February 17, 2010 To Whom It May Concern: South Bend heritage Foundation (SBHF), on behalf of Historic Dunbar Corner Partnership, is requesting the vacation of the following alley: The first North/South alley East of LaPorte Avenue along Colfax Avenue to the first East /West alley for a distance of 198 feet, more or less and a width of 8 feet. Being part of Dunbar's Sub. Of Bank Outlots 31 & 32 to the City of South fiend, St. Joseph County, Indiana SBHF owns and operates Historic Dunbar Corners Apartments, located to the immediate west of the alley. Upon completion of a recent property survey it was determined that the house located at 902 Colfax (part of Dunbar Corners Apts.) is 7" over the property line - into the alley. In addition, this alley is no longer used — it is very narrow alley, oily 8' wide, so it is difficult for a vehicle to fit through and the area is grown over by grass as no vehicle (neighbor or City related) travels down the alleyway. If you have any questions, please feel free to contact Liz Maradik at 289 -1066 x 221. Thank you for your consideration. Sincerely, Phil Byrd Executive Director NeighborWoo-6 CHARTERED MEM &ER n C.1 "t p e I. ¢4� rvr� 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. NOVA, THEREFORE, BE IT ORDERED BY THE COMMON COUNCIL OF THE CITY OF SOUTH SEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Send having held a Public Hearing on the petition to vacate the following property: The first North /South alley East of LaPorte Avenue along Colfax Avenue to the first East/West alley for a distance of 198 feet, more or less and a width of 8 feet. Being part of Dunbar's Sub. Of Bank Outlots 31 & 32 to the City of South Bend, 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 Ill. The following property may be injuriously or beneficially affected by such vacating: 018- 1025 -10691 Lot number - 9 018- 1025 -1070 / Lot number - S 1/Z lot 10 018- 1025 -1071 /Lot number - N 1/2 lot 10 SECTION IV, The purpose of the vacation of the real property is to improve the quality of life by providing adjacent property owners with additional land and removing an obsolete alleyway. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common CoUfi' it 2 r f ` nn -a-d 12 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. 1 st P7ADINVG 2- - 2- I- � PUBLIC HEARNG 3 rd READING NOT APPROVED U ERRED PASSM Mayor, City of South Bend, Indiana Had In F LES 1 2010 0, 0 R 'D Z- CITY 01. 8�ENO, P T [Tg0N� TO VACATE I� BLIIC iiC1 T_ �aFd` AY �'STREE T S I A L L E YS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH SEND, INIIANA (WE), THE UNDERSIGNED PROPERTY OWNER(S), FET170N YOU TO VACATE: A. THE ALLEY DESCRIBED AS. y 1 /_ ` 'Cc= ' /�� -AL B. THE STREET DESCRIBED AS: NAME (signed & printed) ADDRESS LOT # v CONTACT PERSON (S) 1Z RETURN TO: OFFICE OF THE CITY CLERK ADDRESS JOHN VOORDE, CITY CLERK ROOM 455 - COUNTY -CITY SUILDINQ. SOUTH SEND, IN 46 G1 lf"- F I 574 - 235 -9221 �IE CIE �F. ry x Q i Mi0 K a, L_ B�tgaD - t' iZ �r, �r . 1 16 X-Jo L_e�al Description: The alley to be vacated is the first North /South alley East of La_ Porte Avenue along Colfax Aveuue to the first East. /West alley for a distance of 198 feet, more or less and a width of 8 feet. Being a part of Dunbar's Sub. of Bank Outlots 31 & 32 to the City of South Bend, St. Joseph County, Indiana. - p 09 kcg F C 0 1 7 2010 4 0 to cOD J O A w to co [00 (47 tSJ CQC> CE O ai0j 9 to U z Z Z Z Z Z Z Z Z Z Z Z Z z Z Z Z Z Z V 3 "C C C, "6 C C C C rvC C C C N C N C <37 C N J c m G Q7 m ¢7 N m fl� N m W m 0 QD m d N ❑ � Lll .Y! 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LUGCKL., MAT)R BOARD OF PUBLIC WORKS February 8, 2010 South Bend Heritage Foundation 803 Lincoln Way West South B3 ,,nd, ,N d6616 I_'i�,ol, h 574/ 235 -9251 Fhx 570' 35 -9171 TPD 5741235 -556,7 RE,: Alley Vacation — The first North /South Alley from Colfax Avenue to the East /West Alley between LaPorte Avenue and Chapin Street (Preliminary review) Dear Sir or Madam: The Board of Public Works, at its February 8, 2010, meeting, reviewed comments by the Engineering Division, Area Plan Commission. Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office. The following comments and recommendations were submittcd: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. "rile vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous, Your will need a radius. map showing properties within 150' of File proposed vacation for your petition to the Common Council. Please contact Tore Molnar at (574.235 -9254 prior jnTie€1a� up your .radius map. It fakes aptarrs�imately tsao (2) days to gat eta e the r °adiras rsra�. Once you pick up the rad'1LIS map, proceed to the City Clerk's office for your alley vacation packet. Siticer�ly, Linda.M. Martin, Clcrk c: l,cderico Rodriguez, Fire Department Tony Molnar, Frgineering Janice Talboom, City Clerk's Office Carl Littrell, ltigineering l.,iz Maradik, CED C;n1i A. C;ILOr, I .e. i�l-)NA.tu F. IN nl-iN 1 -1. MURPHY P j1Ls 1 u f_N -r !LA L.m B LR NtEm q Elt INTER -0FFCE MEMORANDUM. BOARD OF PUBUC WORKS TO; Carl Littrell, Engineering Department John I ycrni, Area Plan Commission ( rri @cx.st -jaso 1jJn.us or 236 -9813 tax) i Jeff Gibney, Community & Economic Development Chris Dresset, Corn€ -nunity & Econornic Development Bob Mathia, Community & Economic Development Federico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goer, Police Department Cheryl Greene, City Attol-ney's Offic9 Phil Grlffin, NIPSCO ("rr7griffii °� nisarErc .ca€ ) For Informational purposoo Only FROM: Linda M. Martin, Clerk RE: Rlequest for Recommendation - Alley Vacation Location: the First ivls All €e?� _a _y to ¢li Alley b tv e n LaPorte Ave and Chapin St. (Preliminary Review) DATE: January 13, 2010 DUE: January 21. 001Q FAX OR E- AIL TO, 236-91711 hgiae, iwOsouth bendtoxLOv RETURN RECOMMENDATION PAGE ONLY ATTACHMENTS NOT RE- QUIREID. €..4.. r'7 ���r ffl. i ;A: M. TO- Carl Littrell, Engineering Departmer t John Syorni, Area Plan Ccmrnission (llk�vornl(cc:�t- ��o���4� or?35d9 8 13 f��� Jeff Gibney, Community & Eccllor ric Development Chris Dreseel, Community & EcOrtOMIG DevelaprnGnt Bob Mathla, CoMr' unity & Economic Development Federico Rodriguez, Fira Department Andre price, Solid Waite Stephan Goen, Police Department Cheryl Greene, City Attormay'9 Office Phil Griffin, NIPSCO For InformatlOnQ1 Purposes Only r Received Time Jan. 19. 9,02AM ' d S 6JS G C l ®I Z �.d' v�Y E 0 s d§ 4n I 14 C C 0 U n ILY =idly B U i I d i H 9 South Bend, Indiana 46601 John VV. Byorni Larry P. Magliozzi Executive IDiroctor Assistant director Phone 574 235 -9571 ~ - vvevvv. stjosephcountyind1ana .cornla reap Ian Fax 574 235 -9813 January 14, 2010 The Board of Public Works 13 "' Floor, County -City Building South Bend, Indiana 46601 RE: Alley Vacation Vacation of the first N/S alley from Colfax Ave to the E/W alley between LaPorte Ave and Chapin St. Dear Board Members: The staff has reviewed this petition. It is the staff's opinion that: (1) The vacation would not Finder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. Staff recommends that the streets be vacated subject to any further utility or access easements recommended by the Engineering and Building Departments. Sincerely, Christa Nayder Planner Serving Soutli Bend, Lakeville, New Cadl -de, North Ube[ty, Osceola, Roseland and St. Joseph County, Indiana 1 01 -I Jennifer Corte - Rem Fwd Alley Vacation Recommendation ;,s N S alley fr w Colfax to E/W alley btwn L a of e Chapin From,. Chris Dresse! Tyra Jennifer Corle Date: 1/20/2010 3:19 PM Subject° Re: Fwd: Alley Vacation Recommendation 1st i i/5 alley from Colfax to EjW alley btwn LaPorte & Chapin CC, Elizabeth Maradik Attachments- Elizabeth Maradik Jennifer - I attempted sending this to Michelle - e -mail wasn`t available? Alley vacation recommended for approval. Christopher D. Dressel Planner city of South Bend Division of Community Development 1200 County -City Building 227 W. Jefferson South Bend, IN 46601 Phone; 574 -235 --5847 Fax: 574 -235 -9697 cdressel@ o�thbencli�,gov Christopher D. Dressel Planner City of South Bend Division of Community Development 1200 County -City Building 2.27 W. Jefferson South Bend, IN 46601 Phone: 574-235-5847 Fax: 574 -235 -9697 cdressel @sou hLe��din_,.,gav >>> Michelle Burgett 1/14/2010 5:36 AM >>> lv1i.G1r:�.�Le '�Ee_rC;P� City of South fiend Department of Engineering and Board of Pubtic Works 227 West Jefferson, Room 1336 South Bend, Indiana 46601 Office: (574) 235 -9251 Fax: (574) 235-9171 ti,- — -,- This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was originally addressed. Any use by others is strictly prohibited. file:l /C:'�ocuinc its and SetfingsUCORLETocal SettiiicyslTeiiiplXPgzl )vvisc\4B571EEBS0,.. 1/20/2010 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO- Carl Littrell, Engineering [department ohn 13yorni, Area Plan Commission (LbygM �'ose h.in.us or 235 -9313 tax) ' -"JeftGibney, Community & Economic Deve(opment LZ rls I)ressel, Community & Economic Development mob Mathia, Community & Economic Development ;.Federico Rodrfguez, Fire Uepailment Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (prncLriffin@ni source.com) For Informational Purposes Only FROM: Linda M. Martin, Clerk RE: Request for Recommendation - Alley placation Loc4tlon: The First NIS Alle v from Colfax live to the EIW Alley between LaPorte Ave and Chapin St, (PrelimIn,ary too iew) DATE: January 13,2 DBE: Janua 21, 2Q1Q FAX OR E-MAIL TO J Imatlin soufhbend!n. ov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: BY: �� �J' % _ _ .� DATE' I ! 0 Pagel C7I 1. jerui fer orle - e- Alley Vacation � Colfax/ La poi ������ � Area Fromm€, Andre Price To, 7ennifer Corle Date„ 2/2/2010 7:46 AM Subject: Re: Alley Vacation - Colfax/ La porte/Cha pin Area trash collection will not be affected by this, file -WCADocurnents and. SettingsUCORLE1Local SettingslTe11 -lp\XPgil)wise14B67DS495O... 2/2/2010 V771 7 OMEN'S OUTREACH MIN €S T €RYN, 2018 MIAMI ST j SOUTH BEND, IN 46613 1 574- 233.2427 j WOM$NiNc @GMAIL.COM 5 � f To Whom It May Concern: February 9, 2010 This letter is in regards to the re- zoning of the property and building located at 2301 Miami Street, South Bend, Indiana, 46614, (including the addresses 1023 Miami, 1026 and 1034 Ewing Avenue within the building). This is to verify that ®cie M. Brazier, Director, is authorized to represent the above stated property in the re- zoning transaction from Mixed Use to Local Business. If you have any questions, please contact Women's Outreach Ministry, Inc. at 574 - 233 -2427 or 574 - 876 -8428. Thank you. Sincerely, Selena Floyd — QP� Secretary, W®MINinc. a C Presented by me to the Mayor of the City of South Bend, Indiana on the —day of 1 2—, at o'clock I m. City Clerk Approved and signed by me on the day of 2 , at o'clock . M. I st R�ADIP PU3LIC HEAR114G. 3 rd READING NOT APPkOVW. REFERRED PASSED Mayor, City of South Bend, Indiana He I d In rUleyk`-3 nNiGO FE-8 1 7 2010 C17,1 ULMIK, SO. BF,0, �H- Date Filed Date received by the Area flan Commission Application No. I (we) the undersigned snake application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 2301 Miami Street (including 2303 Miami, 1026 and 1034 East Ewing Avenue within said location), South Bend, Indiana, 46614 2) Name and address of property owner(s) of the petition site: Women's Outreach Ministry, Inc. 2301 Miami Street South Bend, IN 46614 CD 3) Name and address of contingent purchaser(s), if applicable: 4) It is desired and requested that this property be rezoned' from Mixed Use District ` (a U MU to LB Local Business District n S) This rezoning is requested to allow the following use(s): In order to accommodate an Aquarium Shop (pet store) and all other uses allowed under the Local Business Zoning. 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans: (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition. property; (f) a location map, if available, drawn to scale, which includes street names. Signature(s) of all property owner(s) or authorized representative for said property PETITION PREPARED BY: CONTACT PERSON: (ii Selena McAfee Ocie Brazier 2018 Miami Street 2301 Miami Street South Bend, IN 4661' ) South Bend, IN 46614 WOMINine@ginail.org WOMINinc @gmail.org different) -I @ , (a� 'D, PRELIMINARY SITE PLAN REQUIRENMENTS Tabulated Data (List) 1. Gross acreage or square footage of site: 41'7 x 127' = 5295 2. Proposed land use: All uses allowed under Local Business Zoning 3. Estimated number of parking spaces required and provided: 1414 4. General land coverage - percentage of buildings, paved areas and open spaces: Percentage of buildings: 4080 5295 = 77% Paved areas and open spaces: 'Parking 9'w x 19'd = 684 5295 = 13% 5. For residential components: NIA Mapped Information I . North arrow and scale 2. Actual shape and dimension of the rezoning property 3. 'Type and general location of buildings 4. General locations for all proposed improvements, including paved areas and buildings 5. General layout of on -site parking (Mapped information 1 through 5, please see attachment) 6. Building height - 11'5" 7. Required setbacks and bufferyards: front — 30', rear /side — 20' 8. Location and type of landscaping and screening: 3 trees 9. Adjacent rights -of -way and nearby intersections: Building is located at the intersection. of Miami Street and Ewing Avenue, South Bend, Indiana, 46614 (Mapped information for landscaping, setbacks and parking pending variance) C07 "'?` ` - n' .... C07 "'?` ` - { 6 LM I � 4 .... ..� °:. °`.'�` 1{ � �_` irk �, -di y �� _. _. .... _ � ... .. ,.,a . .. _..,.__.. ... •. o _ ..,. .. PARCELID F4�E STATE ��ILIN�CET Z €P 4510 STOELTING DEREK 1002 E Ewing Av South Send IN 46613 4511 MAEZ PAMELA S 1931 Malvern Way South Bend IN 46614 4512 IROCKAMY 1010 Ewing South Bend IN 46613 1- 4513 CORP *SEE TRANS HISTORY NOTES' PO Box 12787 Scottsdale AZ 85267 4514 ROBB ANDREW & ROWE LARRY 64084 Miami Rd Bremen IN 46506 4515 GONZALEZ GERMAN 1022 Ewing South Bend IN 46614 4522 WOMENS OUTREACH MINISTRY INC 2018 Miami St South Bend IN 46613 4327 LC REALTY TRUST 3305 N Anthony Blvd Fort Wayne IN 46805 4311 ILAPIERRE PAMELA S 1112 E Ewing Av South Bend IN 46613 4310 HORRALL DENNIS & JANUS 15733 JACKSON RD South Bend IN 46614 2352 KELLEN LLC 309 Peashway South Bend IN 46617 2485 SOUTH BEND PUBLIC LIBRARY 122 W Wayne South Bend IN 46601 4526 FORSBERG ROBERT J II 2317 Miami St South Send IN 46614 018 -7122- 4328 TRUSTEE JAMES P BERNATH REV TR 12 -19 -94 % POS TAX SERVICES P.o. Box 13519 Arlington TX 176094 45 24 STITCH &apos;N TIME FABRICS LLC 2305 Miami Street South Bend IN 46614 2496 H. % WHITCOMB AND KELLER 1009 E Ewing Ave South Bend IN 46613 2497 SHEPARD JAYSON P 1013 E Ewing Ave South Band IN 46613 2498 IVACIC JEROME P REV TRUST 3019 S Michigan St South Bend IN 146614 2353 COOK THOMAS 2214 Miami St South Bend IN 46613 2356 WEAVER PROPERTY SERVICES LLC P O Box 6766 South Bend IN 46660 2355 KELLEN LLC 309 Peashway South Bend IN 46617 2341 KELLEN LLC 309 Peashway South Bend N 46617 2478 NEFF JERRY L JR & DEBORAH J 1006 E Fox St South Bend IN 46613 2479 BESSLER DONALD A 63411 Pine Road North Liberly IN 46554 2339 DUFFIN DAVID H 2208 Miami South Bend IN 46614 2480 LORETTA 1014 E Fox St South Bend IN 46614 018 -7067- 2481 ENT) JOSEPH A & DAWN M ROWLES (112 INT) 1018 Fox St South Bend IN 46613 2482 HAMILTON PATRICIA A 1022 Fox South Bend IN 46613 2483 NILSEN JOHN K 1032 E Fox Si South Bend IN 46613 4523 STITCH &apcs;N TIME FABRICS LLC 2305 Miami Street South Bend IN 46614 4375 SALYER PAUL S 2404 Miami St South Bend N 46614 4527 5 STAR INVESTMENTS PO Box 706 Middlebury IN 46540 4332 MASSA JOHN D 2322 Miami St South Bend IN 146614 4532 HUDSON KIM & SHARON 29645 CR 28 Elkhart IN 46517 4533 FUJITA FRANK 1022 Altgeld St South Bend INE 46614 2354 SUAREZ FEDERICO 10275 Cherrywood Ln Osceola IN 46561 7 018 -7127- 4540 TRUSTEE RALPH J & JANE S FLORKOWSKI TRUST WIA LIFE ESTATE 2401 Miami St South Bend N 46614 4309 MARKIEWICZ THOMAS J 1120 E Ewing Av South Bend IN 46613 4516 STOWS DONNA 1001 E Altgeld St South Bend IN 46614 4517 MILLER DANN€ 1005 Altgeld St South Bend IN 46614 4518 SCHULTZ SUSANN 1013 Altgeid St South Bend IN 46614 4519 CHILDS TRAVIS D & KIMBERLY D 1015 E Altgeld St h Bend IN 46614 4520 ROSEANN EMISC 1417 E Altgeld St h Bend Ea IN 46614 4330 SALVATION ARMY. P O Box 2603 Grand Rapids MI 49501 018 -7067- 2494 TRUSTGRANTOR RETAIN LIFE ESTATE 1001 E Ewing South Bend IN 146613 2495 JKLINE GREGORY E & LESLIE J 1005- E Ewing aVE South Bend IN 46613 4521 KUROWSKI EDWARD F 3602 S Ironwood Dr South bend IN 46614 018 -7122- 4329 TRUSTEE JAMES P BERNATH REVOC TR 12 -19 -94 % PDS TAX SERVICES P.o, Box 13519 Arlington TX 76094 4525 WISEMAN MARY BETH 5707 Aherdeen Dr South Bend IN 46614 4325 FINK GERALD E & ADAMS TERESA L 1113 E Atgeld South Bend IN 45614 4324 ICFNOVA AMY N 1115 Altgeld South Bend JIN 46614 2M (�G`,- �';'��:: >isa Won. _ ._... � ---• -- February 10, 2010 Mr. John. Voorde South Bend City Clerk County -City Building, Suite 400 227 West Jefferson Blvd. South Bend, Indiana 46601 RE: Ray and Joan Kroc Corps Community Center Rezoning Petition Revision Dear Mr: Voorde: 053 60.02 On January 5, 2010, we submitted a petition for rezoning the site of the proposed Kroc Center to Planned Unit Development. That petition has had first reading by the Common Council. The Area Plan Commission has scheduled a public hearing in their February 16, 2010 meeting. On behalf of The Salvation Army, the owner and operator of the facility, we are requesting an amendment to the petition to reduce the area included in the Planned Unit Development. The original,petition submitted in January had the current owners of the property as co- petitioners. The current owners of the original petition area are: City of South Bend Parks & Recreation Board of Commissioners City of South Bend Board of Public Wor=ks South Bend Heritage Sherry John and Janette Miller The petition submitted in January had not been signed by Ms. John and Ms. Miller, but the other three property owners had signed it. After several discussions, with Burkhart Advertising, which leases the Jolui/Miller, property for an off - premises advertising sign, about provisions in the Planned Unit Development for their sign, we have decided to omit the John /Miller property, and the South Bend- Heritage property west of it, from the project area in order to be able to complete the rezoning process prior° to the planned commencement of construction of the Center in May. The area north of Western Avenue is shown on the site plan as being used for vehicle parking, with construction of that parking area as a second development phase. The primary purpose of that parking lot is for staff parking so that parking closer to the 550 Union Street, Mishawaka, IN 46544 P 574259.9976 F 574.259.9982 www,troyergroup.com ���:! M? -, John Foorde F- -bruai ,, 10, 2010 Page _ building would be available to patrons. We do not believe that the requested reduction of the project area, or reduction of the number parking spaces available in the second phase parking lot frnir� 93 to 5 1 � will have an adverse. in-s.pact upon d7e project, Tlecre will he 254 parking spaces in the initial construction phase south of Wester .Avenue, 12 more spaces than we have estimated are necessary for the facility. If the property we are now requesting be deleted from the rezoning petition area is later acquired by The Salvation Army, it is in a Mixed Use zoning district. Parking for the Kroc Center could be added without rezoning it. Including that area in the current rezoning petition is not necessary for later use as additional parking. Attached are copies of the required. petition documents revised for reduction of the rezoning area north. of Wester Avenue. The Salvation Arrny has not yet completed acquisition of the property. We will ask the three remaining owners of the property to sign the revised rezoning petition application. Due to the meeting schedule of the South Bend Park Board, we will not have signed, revised petitions for the Area Plan Commission hearing, but we expect to have them before the rezoning is decided by the Common Council. Included with the revised petition are signed copies of three agreements with owners of other parking facilities in the vicinity of the Kroc Center indicating their willingness to allow the Kroc Center to use their parking lots for a special event that might exceed the parking available at the Center. Not all of those agreements were signed when the original petition was submitted. The Salvation Army requests that the City proceed with the rezoning process with a slightly reduced area to be rezoned, and a revised site plan. A few other minor revisions and clarifications have been made at the request of the Area Plan Commission staff: If you have any questions regarding the petition, or this request, please contact me. Sincerely, 4Gerald R. Phipps, PE Copies to: Major Bob Webster, The Salvation .Army Jeff Gibney, City of South Bend o Robert Henry, South Bend Parks & Recreation Board Gary Gilot, PE, South Bend Board of Public Works C" Phillip Byrd, South Bend I-Icritage Bruce Vanderbeek, Burkhart Advertising w John Byorm, Area Plan Commission ' GRI'/gp ..... f G:TrojerWC3lSalvatiott 1irtii))�051b0 -01[ project- infol25- appro+'allrezorairtgpetitiopi 2- 4- Mrellisioia lettei.d !'i- 550 Union Street, Mishawaka, IN 45544 P 574.259.9976 F 574.259.9982 www.troyergroup.coM ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED BY Chapin Street, Norfolk Southern Railroad, Laurel Street, and the first alley north of Western Avenue, Councilrrmanic District 2, IN THE CITY OF SOUTH BEND, INDIANA. STATEMENT OF PURPOSE AND INTENT The intent is to rezone the proposed land from several districts to a Planned Unit Development for construction and operation of a community center and assembly space for religious use, with required vehicle parking. Several variances and special exceptions would be required for the development to be located in the current multiple districts, or in any other single district. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION L. Ordinance No.: 9495 --04 is amended, which ordinance is commonly knows 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, Parcels A and B, in the City of South Bend, St. Joseph County, State of Indiana: Parcel A Parcel of land situate in the Southeast Quarter of Section 11, Township 37 North, Range 2 East, City of South Bend, County of St. Joseph, and State of Indiana and more particularly bounded and described as follows: Beginning at a point 60.00 feet South and 20.00 feet East of the centerline intersection of Western Avenue and Laurel Street; thence along an assumed bearing of North. 89 degrees 54' 24" East, parallel to and 60.00 feet South of the centerline of Western Avenue, 466.28 feet; thence along a 172.00 foot radius curve to the right having an are length of 48.28 feet, a chord length of 48.12 feet and a chord bearing of South 82 degrees 03' 06" East; thence along a 57.00 foot radius curve to the right having an are length of 57.47 feet, a chord length of 55.07 feet and a chord bearing of South 45 degrees 07' 36" East; thence along a 172.00 foot radius curve to the right having an arc length of 4829 feet, a chord length of 48.12 feet and a chord bearing of South 08 degrees 12' 06" East; thence South 00 degrees 10' 06" East 150.55 feet along the West line of Chapin Street; thence continuing South 04 degrees 44' 36" East 150.48 feet along the West line of Chapin Street; thence continuing South 00 degrees 10' 06" East 405.34 feet along the West line of Chapin Street; thence South 89 degrees 54' 24" West 41.67 feet; thence along a 5,829.98 foot radius curve to the right having an are length of 160.69 feet, a chord length of 160.68 feet and a chord bearing of North 73 degrees 37' 33" West; thence North 86 degrees 16' 05" West 77.87 feet; thence North 73 degrees 22' 05" West 51.54 feet; thence North 00 degrees 10' 51" West 22.69 feet; thence North 74 degrees 23' 21" West 13837 feet; thence North 00 degrees 17' 51" West 19.44 feet; thence North 73 degrees 47' 51" West 141.36 feet to the centerline of Laurel Street; thence North 00 degrees 10' 06" West along the centerline of Laurel Street 139.39 feet; thence North 89 degrees 49'' 54" East 20.00 feet to the East line of Laurel Street; thence North 00 degrees 10' 06" West along a line parallel to and 20.00 feet East of the centerline of laurel Street 474.92 feet to the point of beginning, containing 9.45 acres. more or less. Parcel B Lots 12, 11 and the east 40' of Lot 10, of Ruckman's Subdivison of Bank Outlet 75. be and the same is hereby established as a Planned Unit Development District. SECTION II., This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council g j ie Attest: E r L 5 , 06546e'W'd�vi�" City Clerk Presented by one to the Mayor of the City of South Bend, Indiana on the 2010, at o'clock M. Approved and signed by me on the .m. ? s% ° gG7 PASSED City Clerk day of day of , 2010, At o'clock Mayor of the City of South B Indiana F E P J v I'•J Date Filed: 1 -5 -10 Date Revised: 2 -5 -10 Application No. kp. �41 Y Date received by the Area Plan Conln-�ission We the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is bounded by: Parcel A: Chapin Street, Norfolk Southern Railroad, Laurel Street and Westem Avenue. Parcel B: Western Avenue, Pine Street, the first alley north of Western Avenue, and a line 40 feet west of the east line of Lot 10, Ruckman's Subdivision of Bank Outlot 75. 2) Name and address of property owners) of the petition site: City of South Benxi Board of Public Works 1300 County -City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 City of South Bend Parrs & Recreation Board of Commissioners 312 East Walter St. South Bend, Indiana 4661.4 South Bead Heritage Foundation, Inc. South Bend Heritage Properties, LLC 803 Lincoln Way West South Bend, IN 46616 3) Name and address of contingent purchaser(s), if applicable: The Salvation Army a J ` 303 S. Chapin Street. A „z South Bend, IN 46601 4) It is desired and requested that this property be rezoned: G;\ rojects1C31Sah=atio :1.rmy10�160 02lpro_� -et i�t e12� apl�ro��allrezo�.tict petition 2- 1- 1Mapplicatioai 4- 10.doc From "GB" General. Building District for Lots 14, 15, 20, and 21, the vacated alley between vacated Pine Street and Chapin Street, and the east half of vacated Pine Street west of Lots 20 and 21, Erastus Perkins' 2 "d Subdivision of Bank Outlot 76. From "MF2" High Density Multifamily District for Lots 17, 18, 19, 23 and 24 of Ruckman's Subdivision of Bank Outlot 75; and Lots A through G, inclusive, of Farrington's Subdivision; and Lots 1 through 8, inclusive, of Buysse's Subdivision; and Lots 1 through 13, Lots 17 through 19, and Lots 22 through 28, inclusive, of Erastus Perkins' 2 d Subdivision of Bank Outlot 76; and vacated Pine Street from east of Lot 26 to Western Avenue; and vacated Perkins Street from Laurel Street to Chapin Street; and the vacated north -south alleys between vacated Pine Street and Chapin Street; and the vacated east -west alley north of Lot 4 of Buysse's Subdivision; and the vacated east -west alley between vacated Perkins Street and Western Avenue from Laurel Street to Chapin Street; and the vacated north -south alley south of vacated Perkins Street between Laurel Street and vacated Pine Street.. From "MU" Mixed Use District for Lots 12, 11 and the east 26 feet of Lot 10, William Ruckinan's Subdivision of Bank Outlot 75 to "PUD" Planned Unit Development 5) This rezoning is requested to allow the following uses: Community Center and assembly space for religious use. 6) The legal description of the property is attached. 7) Attached is (a) Legal description of the property; (b) Seventeen (17) preliminary site plans; (c) A statement of purpose and intent; (d) a list of names and addresses for all property owners and the tax keyed numbers for all properties within 300 feet of the petition property; (e) Addressed, stamped envelopes for all property owners within 300 feet of the petition property; (f) A location map; (g) parking space justification data; and (h) agreements for supplementary parking. Sic,ature(s) of all property owners City of South Bend, Indiana Board of Public Works Gary A. Gilot, PE, President G:1Pr(*cts\C \Saivatin peti[ian 2- 4- 1.Map,plicaiicm 2-- 4- I0.doc City of South Bend, Indiana Parrs & Recreation Board of Commissioners Robert Henry, President South Bend Heritage Foundation, Inc. South Bend Heritage Properties, LLC Phillip Byrd, Executive Director Petition Prepared By: The Troyer Group, Inc. 550 Union Street Mishawaka, IN 46544 574- 259 -9976 Contact: Gerald R. Phipps, PE G:TYc� ims1 C31 SaIvationArmy1 05l Ili nspetition2- 4- IOlappIicatirnl2- 4- 1O.doc Leg Desert tion _ Kroc Center Planned Unit Development Parcel A Parcel of land situate in the Southeast Quarter of Section 11, Township 37 North, Range 2 East, City of South Bend, County of St. Joseph, and State of Indiana and more particularly bounded and described as follows: Beginning at a point 60.00 feet South and 20.00 feet East of the centerline intersection of Western Avenue and Laurel Street; thence along an assumed bearing of North 89 degrees 54' 24" East, parallel to and 60.00 feet South of the centerline of Western Avenue, 466.28 feet; thence along a 172.00 foot radius curve to the right having an are length of 48.28 feet, a chord length of 48.12 feet and a chord bearing of South 82 degrees 03' 06" East; thence along a 57.00 foot radius curve to the right having an are length of 57.47 feet, a chord length of 55.07 feet and a chord bearing of South 45 degrees 07' 36" East; thence along a 172.00 foot radius curve to the right having an arc length of 48.28 feet, a chord length of 48.12 feet and a chord bearing of South 08 degrees 12' 06" East; thence South 00 degrees 10' 06" East 150.55 feet along the West line of Chapin Street; thence continuing South 04 degrees 44' 36" East 150.48 feet along the West line of Chapin Street; thence continuing South 00 degrees 10' 06" East 405.34 feet along the West line of Chapin Street; thence South 89 degrees 54' 24" West 41.67 feet; thence along a 5,829.98 foot radius curve to the right having an are length of 160.69 feet, a chord length of 160.68 feet and a chord bearing of North 73 degrees 37' 33" West; thence North 86 degrees 16' 05" West 77.87 feet; thence North 73 degrees 22' 05" West 51.54 feet; thence North 00 degrees 10' S1" West 22.69 feet; thence North 74 degrees 23' 21" West 138.37 feet; thence North 00 degrees 17' S1" West 19.44 feet; thence North 73 degrees 47' S1" West 141.36 feet to the centerline of Laurel Street; thence North 00 degrees 10' 06" West along the centerline of Laurel Street 139.39 feet; thence North 89 degrees 49" 54" East 20.00 feet to the East line of Laurel Street; thence North 00 degrees 10' 06" West along a line parallel to and 20.00 feet East of the centerline of Laurel Street 474.92 feet to the point of beginning, containing 9.45 acres, more or less. Parcel B Lots 12, 1.1 and the east 40' of Lot 10, of Ruckman's Subdivison of Bank Outlet 75, City of South Bend, County of St. Joseph., Iridiaxa. G:\Projects \C3\Salvadion Arn7y\ 05150- 02\projeci- info \25- appravaIU-ezartirtg petitian 2- 4 -Megal descr 2- 4- 10.doc• Area Play Commission of St. Joseph County : e —f� county-city Bral€ .11 fig South Bend, indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235 -9571 www, stjosephcountyindiana .com /areaplan Fax 574 235 -9813 February 17, 2010 The Honorable Council of the City of South Bend. 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of City of South Bend Board of Public Works, et at to zone from GB General Business District, MF2 High Density Multifamily District, and MU Mixed Use District to PUD Planned Unit Development, property located at Parcel A: bounded by Chapin Street, the Norfolk Southern Railroad, Laurel Street and Western Avenue; Parcel B: bounded by Pine Street, Western Avenue, the first east/west alley north of Western Avenue, and a line 40 feet west of the east line of Lot 10, Ruckman's Subdivision of Bank Outlet 75, City of South Bend - APC# 2544- 10 Dear Council Members: 1 hereby Certify that the above referenced ordinance of City of South Bend Board of Public Works, et al was legally advertised on Thursday, February 4, 2010 and that the Area Plan Commission at its public hearing on Tuesday, February 16, 2010 took the following action: Upon a motion by John DeLee, being seconded by Jack Mell and unanimously carried, with Gerry Phipps abstaining, the proposed ordinance of City of South Bend Board of Public Works, et al to zone from GB General Business District, MF2 High Density Multifamily District, and MU Mixed Use District to PUD Planned Unit Development, property located at Parcel A: bounded by Chapin Street, the Norfolk Southern Railroad, Laurel Street and Western Avenue; Parcel B: bounded by Pine Street, Western Avenue, the first east/west alley north of Western Avenue, and a line 40 feet west of the east line of Lot 10, Ruckman's Subdivision of Bank Outlet 75, City of South Bend is sent to the Common Council with a favorable recommendation. The development will not only be an asset to the immediate neighborhood, but to the City of South Bend by increasing the attraction of the area as a recreational and commercial destination. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report, Sincerely, "� w. )$� ohn W. Bye JWB:jsc Attachment CC: City of South Bend Board of Public Works, et at The Salvation Army The Troyer Group, Inc. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff ReDort APC # 2544 -10 Owners City of ,South Bend Board of Public Works, et ai Location- Parcel A: bounded by Chapin Street, the Norfolk Southern Railroad; Laurel Street and Western Avenue; Parcel. B: bounded by Pine Street, Western avenue, the first east /west alley north of Western Avenue, and a line 40 feet west of the east line of Lot 10, Ruckman's Subdivision of Bank Outlot 75. Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from GB General Business District, MF2 High Density Multifamily District, and MU Mixed Use District to PUD Planned Unit Development to allow Community Center and assembly space for religious use. Community Center uses includes gymnasium, performance auditorium for religious gatherings, swimming pool, and classrooms. Outdoor uses include on and off-site parking and potential playground.. Land Uses and Zoning- On site: Parcel A (Phase 1) is Oliver Park. Marcel B (Phase II) is vacant. North: To the north across Western Avenue is vacant land zoned CB Community Business District. East: To the east, across Chapin Street, is multi-family housing zoned MF2 High - Density Multifamily District. To the northeast is a multi - tenant commercial center, zoned CB Community Business District. South: To the south are railroad tracks (unzoned) with an industrial park zoned GI General Industrial District south of the tracks. West: To the west, across Laurel Street, are apartments zoned MFI Urban Corridor Multifamily District. To the northwest is a billboard, the Elks Club and a church zoned MU Mixed Use District. District uses and development standards: The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. Site playa description. The site plan shows a 72,310 square foot community center building covering 16% of the site. Open space, which include athletic fields and a playground comprises 205,083 square feet or 46% of the site. There are 254 parking spaces on -site, and an additional 51 parking spaces across Western Avenue. These paved areas cover 39% of the site. The perimeter, foundation, and interior off-street area landscaping as presented is similar to the City of South Bend landscaping requirements. Zoning, and land use history & trends: In 1966, both sides of Chapin were rezoned multifamily for housing (APC# 36 -66). City of South Bend Board of Public Works, et at #254-4- -10 Page I of I - fy-aff"fc and. transportation considerations: There is a traffic signal at the intersection of Western and Chapin. Western and Chapin have lour lanes with right and left turn lanes. Laurel has two lanes. The cul -de -sac at the south end of Laurel will need to be vacated. There will he access from Laurel Street and Chapin Street. The Chapin Street access will be a right -in, right -out only. Additional information: (Agency comments) The Engineering Division has coordinated with the developer's engineer to create the drainage and access plan. There is no objection to this preliminary site plan. The Staff recommends that the size and height of the entry sign on Laurel be reduced. As shown, the sign is 6 feet tall and has an area o'18 square feet. The Staff recommends the sign conform to the standards of the higher intensity commercial and industrial districts, where the maximum height is 4 feet and the maximum square footage is 6 feet. 5 Criteria (per IC 36 -7 -4 -603): f. Comprehensive Plan: Policy Flan: City Plan South Bend Comprehensive Plan, November 2006 LU 2: Encourage a compatible mix of land uses in the community. LU3.2 Encourage pedestrian- oriented, mixed -use development in the CBD. Land Use Plan: The Future Land Use flan designates this area as parks and open space. plan implementation /Other Plarrs: Western Avenue Commercial Corridor Revitalization Action Plan -June 1999 The intersection of Western and Chapin already has some shopping and should be further developed as a gateway. However, the area between Walnut Street and Chapin Street contains marry vacant or underutilized commercial buildings, vacant lots, and various small businesses. A Vision Plan for the Commercial Corridor of: The Wester« Avenue of South Bend Indiana. Februaa 2003 The Community Feedback Report noted that organized activities /sports for young people would add quality of life to Western Avenue. 2. Current conditions and character: plus the This area has residential in the tyro multi - family developments bordering the project area, p single family neighborhood to the north of Western. Also in the neighborhood is a retail center and a church. The proposed use will replace an under - utilized park. 3. Most desirable use: The most desirable use would benefit the surrounding neighborhoods by replacing an under- utilized park with organized recreational activities. 4. Conservation of property values: It is the staffs opinion that nearby property values should not be adversely affected. 5. Responsible development and growth: The site is currently developed as a park. This community center has the potential to increase the attraction of the area as a commercial and recreational destination. City of South Bend Board of Public Works, et al "2544 -10 Page 2 of 2 Recom -niendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation subject to the entry sign oil Laurel Street being reduced to a height of 4 feet and 6 square feet in area. Analysis: The development will not only be an asset to the immediate neighborhood, but to the City of South Send by increasing the attraction of the area as a recreational and commercial destination. City of South Bend Board of Public Works, et al 42]44 -1D Page 3 of 3 TIM U 11 MIXED USE, 116BUGENERAL BUSINESS AND I MF2" HIGH-DENSITY MULTIFAMILY DISTRICT to R �". ,: i D PLANNED U N T _ DEVELOPMENT DISTRICT I.. SOUTH BEND "SF2" SEN 3LE FAN41L`� &T'JUO FAMILY D ISTRICT SOUTH BEND "VFT' URBAN CORRIDOR blULTIFAVILY DISTRICT 60UTH BEND "h,F" HIC-H- DENSITY MU LTIFAMLY DISTR ICT SOUTH PEND"h1U " €vIM2D USED ISTRICT SOUTH BEND 'CO" COKVlUtaIT`r' BUSINESS DISTRICT 0UTH 6END "'- B "CENEFALBU:SINESS .TUUTH BEidD "I'I ";,ENFRALiNDIUeTRiALiISTMCT +�7 1 inch = '�00 feet