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HomeMy WebLinkAbout08-23-10 Council Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, AUGUST 23, 2010 7:0D P.M. 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 - CHIEF DARRYL BOYKINS POLICE DEPARTMENT 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: 8. BILLS, THIRD READING 9. RESOLUTIONS BILL N0. ~a-~~ TIME: A RESOLUTION CONFIRMING THE ADOPTION OE A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 902 N. ST. PETER STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A ~5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR PATRICK PERRELLA 10. BILLS, FIRST READING BILL N0. 48-10 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH- SOUTH ALLEY WEST OF MAIN STREET AND SOUTH OF COLFAX AVENUE. THE PORTION TO BE VACATED BEGINS AT THE SOUTHWEST CORNER OF LOT NUMBER 236 IN THE ORIGINAL PLAT OF THE CITY OF SOUTH BEND NOT THE NORTH 131 FEET, TO THE WEST 10 FEET, TO THE SOUTH 131 FEET AND RETURNS TO THE EAST 10 FEET TO THE POINT OF BEGINNING 49-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR 2011 50-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2011 51-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2011 52-1p FIRST READING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2011 53-10 FIRST READING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011, AND ENDING DECEMBER 31, 2011, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 54-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SDUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011 AND ENDING DECEMBER 31, 2011, INCLUDING ALL DUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 11. UNFINISHED BUSINESS A. REPORT FROM AREA BOARD OF ZONING APPEALS 1. BILL N0. 10-40 - SPECIAL EXCEPTION - 3700 S. GERTRUDE ST. B. REPORT FROM AREA PLAN COMMISSION 1. BILL NO. 45-10 - REPLACE CHAPTER 21 - ZONING FLOODPLAIN REGULATIONS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid ar Other Services arc Available upon Request at No Charge. Please give Reasonable Advance Request when Passible. nxreryy ewr~.~vn RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNQWN AS 902 N. ST. PETER STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A {5} FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR PATRICK PERRELLA WHEREAS, the Common Council of the City of South Bend, Indiana, has adop#ed a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 902 N. St. Peter Street, South Bend, Indiana, and which is mare particularly described as follows: That part of the Northeast Quarter of Section 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot #130A of the Plat of "Sorin's Second Addition Fifth Replat" Subdivision recorded by Document No. 0809811 in the Records of the St. Joseph County, Indiana Recorder's Office. Containing 0.38 acres rriore ar less. Subject to all legal highways, easements & restrictions of record. and this property has Tax Key Number 18-5107-37$6, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.i et sea.., and South Bend Municipal Code Sections 2-76 et sep., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been. published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION L The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benef is form meet the requirements of Indiana Code 6- l . l -12.1 et see,, for tax abatement. SECTION Il. ~ The Common Council hereby determines and f nds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved ar contain only one (I) or two (2) family dwellings designed for up to four (4) families, including accessory buildings far those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an artier issued under IC 3f-7-9; or ii. evidencing signif cant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IG 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number ofparcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demoiitian permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection} will not exceed ten percent {10%) of the total area within the Council's jurisdiction. SECTION Ill. The Camman Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benef is that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. 2 E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5} calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is far Real property tax abatement only and is limited to five (5} calendar years from the date of adoption of the Declaratory Resolution by the Canmmon Council. SECTION V. The Camrnan Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of f ve (5) years, and further deterrines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et se . SECTION VI. 'T'his Resolution shall be in full force and effect from and after its adoption by the Gammon Council and approval by the Mayor. y+ i~+~.. ~.J ... C~-ti. ~ ~ Member of the Common Coon 1 ,3 rT.F .: L~ ,' ~ ~. I.r 4 ' ' Kw N 5L."iN°e'TY S.+Y NQ7 APPROVED l'10PT~6~ p~~ s r,. F~;~u',~~ ~ ~lQ ~f i<;';`~ vQ ~Y't;'"~ ~ . ~ . R Family 1=riendly Public Heuse in the Heart of Downtown South Bend August 11, 2010 City of South Bend Office of the City Clerk Room 455, County--City Building South Bend, ll~i 4660.1 RE: Alley Vacation. Having obtained approval from all property owners abutting the alley running north-south behind the property at 127 North Main Street, Fiddler's Hearth/Ceol Mor is petitioning the City of South Bend to vacate this alley. The purpose for this Petition to Vacate is to make needed improvements to the alley addressing past safety, sanitation, and esthetic concerns, and to use the space for outdoor dining behind Fiddler's Hearth. Since the alley dead-ends at a private parking lot, it is not open to through traiFic and is used primarily for deliveries to the back doors of the abutting restaurants (Fiddler's Hearth and Madison Oyster Bar). improvements planned for the space immediately behind Fiddler's Hearth include athree-season o~rtdoor covered patio space, providing a unicgue downtown dining alternative for the city. Respectfully submitted, r Carol H. Meehan President Fiddler's Hearth, Inc. (restaurant) Ceol Mor, Inc. (property owner} r:t~~ ~ "E~~_"~~" ~ ;s ..a:'r~ ~,~~~ ~~~~ ~ ,~+ f:, y ::4.~,.,• , i27 South Main Street ~ South Bend, Indiana 46641 ~ w~vaau,fiddlershearth.c 74j 23Z-2853 OR®INANCE NO. AN Ot~DINAIVCE TO VACATE THE FOLILO'UVINE~ DESC~'l.IBED PROPE12T1(: "The alley to be vacated is described as the fast north-south alley West of Main Street and South of Colfax Avenue. The portion to be vacs#ed begins at the southwest comer of lot number 236 in the original plat of the City of South Bend to the north 131 feet, to the west 1 O feet, to the south 131 feet and returns to the east 10 feet to the point of beginning." 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 fallowing Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, IN®IANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The alley to be vacated is described as the first north-south alley West of Main Street and South of Colfax Avenue. The portion to be vacated begins at the southwest corner of lot number 236 in the original plat of the Ci#y of South Bend to the north 131 feet, to the west 1 p feet, to the south 131 feet and returns to the east 10 feet to the point of beginning. Hereby de#ermines that it is desirable to vacate said property. SECTION Il. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right of-way, unless such rights are released by the individual utilities. SECTION III. The following properly may be injuriously or beneficially affected by such vacating: 018-1008-0313; 018-1008-0314; 018-1008-03x5; 018-1008-031fi SECTION 111. The purpose of the vacation of the real property is to transfer ownership to the abutting property owners for improvements. SECTION 1/. This ordinance shall be in ful! force and effect from and after its passage by the Common Council and approve! by the Mayor. Attest: City Clerk ~.~_~~. ~ a'j t o~~. Member of the Common C until c1p~v ~. ..:~~ ~« .:.. .:~ :,::<.~:i~ ,':5 ~~I ri y` As`~ ~~~$°~~Sap~/~~pgd kgS;;r A.y~~~g~G~~~Igy'y~'Qp ~~:.: 6~L.9 ~8O - L`Y~~~ Presented by me to the Mayor of the City of South Bend, Indiana or- the day of , Z , at o'clock .m. City Clerk Approved and signed by me on the day of _ , ~, at o'clock .m. i sP READIe`!G U " ~" ~ - ~ ~ PU$LiC HEARfh[G 3rd READING NOT APPROVE AkFER RED PASSEt7 Mayor, City of South Bend, Indiana ~; ., PETITION TD VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS} T~ THE COMMON COUNCIL OF TIDE CITY O!= SOUTH BEND, INDIANA DATE:, ~' l(~ (/C~ WE, TWE UNgER51GNE© PROPERTY OWNERS, PETITION YOU TO VACATE: A. THE ALLEY DESC~IQED AS The existing alley with encroachments that runs North and South to the immediate west of {a} Fiddler's Hearth (parcel number (3180080316/8}, (b} Madison Oyster Bar (parcel number 0180080315} and (c}Saigon Market parking lot {parcel 0181D080314} and to the immediate east of Saigon Market {parcel 01810080313y, as shown in the attached and incorporated Exhibit A. B. THE STREET DESCRIBED AS: Not applicable. NAME (signed & printed} ADClRESS ~ LOT# Ceol r, Inc, b 127 N. Main Street 018D080316/8 South Bend, IN 46601 ~----. Its authorized agent 208 W. Caifax Ave. 01810080313 Boo I~gc~yen South Bend, IN 46602 D1810a80324 1 'L 2D$ W. Colfax Ave. 0181DD8(}313 Oanh Nguyen ~ South Send, IN 46601 Oi810080314 129 N. Main Street 0180080315 ur r' South Bend, IN 46601 CONTACT` PERSDN: SHAWN P. RYAN 2Z0 WEST COLFAX AVE, SUITE 425 RETURN T4; DFFICE OF THE CITY CLERK SOUTH BEND, IN 46602 ~DHN VaORDE, CITY CLERK (S74} 289-0909 _ ROOM 455 COUNTY-CITY BUILDING ...a--; °-°~~F, ~ 5C?UTIi BEND IN 466tH j $ p ;,T~,F~~~ ~ ,.s`4~ 574-235-4221 . ~ ~°°'" ~~ ~.:~ ~. •.,•~ Tj i. '.S't5 SRY ~Y~ 6. property Owners on Radius Map 018-1012-0466 South Bend Tribune, 225 W. Colfax 01$-1008-029701 " 018-1008-0297 Main Street Row, LLC, 209 N. Main 018-1012-0474 Colfax i'lace Associates LP, c/o Holladay Properties, 227 5. Main 018-1012-0475 018-1008-0312 Hamilton Colfax, LLC, 212 W. Colfax 018-1008-0313 Bao & Oanh Nguyen, 208 W. Colfax 018-1008-0314 " 018-1008-0315 Laura L. Simeri, 129 N. Main 018-1008-0315 Ceo) Mor, lnc., 127 N. Main 018-1008-0317 Mary Coyne Investments, LLC., 1428 Hamilton, Cleveland, OH 44118 018-1012-0477/1 Valley American Sank, 101 W. Washington, Suite 3011, lndpls, IN 46255 018-1008-0318 113-117 N. Main St. Land Trust, Box 11545, South Bend, !N 46634 018-1008-0319 " 018-1008-0320 " 018-100$-032101 018-1008-0321 D!Ilingham Hill, LLC., 64 Washington Court, Quinty, MA 02169 4~ ~~~c~~ ~-.T,~ ~"rn41~~ 018-1012-04fi6 ~ ~ _. 018-1008- 018-1008-0297 029701 ~~ ~~,~5 1 ~~O W Colfax Ave 10' 018- i012- 0471 018- 1012- 0474 018-1 D12-0475 018- 1012- 0477 018- 1008- ~ 0312 i 018-1008-0314 m, 018-1 DOS-0315 018- 1008- 0313 018-1008-0316 018-1008-0317 101 - 018-1008-0318 '701 018- 1008- 018-100$-0319 032101 D18-1008-0320 ,i..~ .~ ff.egaI Description: Feet c~ 0 15 30 BO 90 The alley to be vacated is described as the first north-south alley West of Main Street and South of Colfaar Avenue. The portion to be vacated begins at the southwest corner of lot 236 in the Original plat of the City of South fiend to the north l3 I feet, to the west l 0 feet, to the south l31 feet and returns to' the east 10 feet to the point of beginning. so. a~;~~,~~- I31 G CouHrr~Ctrr }3UIT.pING 227 vrr, )r.~~xxsont Bacnxra~+n BauTr[ B~ea~rn, ~rtDreNa 4G6D1-1830 CITY DP SOUTii BEidD S ~"PPHPN ~. LCJECi~, MAYOR $OARI3 C3~ ~IJBLTC ~~JR~S July 22, ZOI U Mr. Shawn Ryan Attorney at Law 220 West Colfax, Suite 425 South Bend. lridiana 4G60I Pxoxg 574/235-925 ~ Pax 5741235-917t TDD 5741235-55G7 RE; Alley Vacation and Easement Agreement -- The North/South Alley behind Fiddler's .Hearth, Madison Oyster Bar, and East of the Saigon Market Parking Lot (Preliminary Review) Dear Mr. Ryan: The Board of Public Works, at its July 22, 20I0, meeting, reviewed the Ailey Vacation and Easement Agreement submitted on behalf of Sean Meehan, Land Owner, Fiddler's Hearth; .Boo and Oanh Nguyen, Land Owners, Saigon Market; and Laura Simeri, Land Owner, Madison Oyster Bar. The alley vacation must still be approved by the C`omrrion Council and the property owners must still contact the Building Iepartment, Zpning Board, Health Department, and any other governing ezttity that may be involved with the types of plans being made for the alley. Enclosed, please find tlae Agreement anal the original of the Petition to Vacate Public }Z.ights- of--Way for filing with the Caa~rion Council. Your clients will zaeed a radius snap showing properties within ISO' of the proposed vacation for your petition to the Camrnori Council, Please contact Tony Molnar at {574) 235-9254 ~rinr to picking up your radius map. Once you pick up the radius rriap, proceed to the City Glerk's office for your alley vacation packet. Sincerely, ~,,.~ A Lind M. Martin, Clerk c: Federico Rodriguez, Fire Departr;tez~t Tony Molnar, Engineering. Janice Talboom, City C#erk's Office Carl Littrell, Engineering Sean Meehan, Fiddler's Hearth Bao and Oanh Nguyen, Saigon Market Laura Simeri, Madison Oyster Bar. G~trA. Gr~ar, r.E. Dorfn~.o B. Ixzcs ,loxrr H, Mu~rtr Px~sr~r~~° MEM9ER Mr~~r^x After recording mail to: AUDI7'4R'S RECORD 7'xansfer No. Taxing Unit, Date Parcels affected: #01800803 i 618 #01800$3015 #01810080314 #41810084313 ALL~I' VAC.A'I'I(l~T AND I'/AS~~.EN'.I' AGREEMEN'T' fihis Alley Vacation Agreement is ~iat#e . ~~t ~.~ , 2010, among Fiddler's Hearth, Tnc., a tenant, and Ceal Mor, Inc., a land owner (together "Fiddler's I Icarth"} at 127 N. Main St., South Bend, Indiana; Saigon Iv.(arket, Inc., a tenant, and Sao &. Oanh Nguyen., land owners (together "5aigon Marl~et") at 208 W_ Colfax Ave., South $end, Indiana, and dt1, Inc., d/bia Madison Oyster Bar, a tenant, and Laura Simeri, a ]and ownex (together, "Madison Oyster Bar") at 129 N. Main St., South Bend, Indiana. In exchange for the floe mutual covenants contained irz this agreement, the parties agree as follows: I~CITALS A. An existing alley {"the Alley"} witb. encroachments runs north and south. to the irnmedzate test af'{a) Fiddler's Hearth (parcel number 0180080315!$), (b) Pvladison Oyster Bar (parcel number 0180083025), (c) the Saigon Market Parking Lot (parcel nuzr~ber 018I00$03I~) and to the irrunediate east of Saigon Market {parcel number O1$100$431~). B. The Alley is abandoned for the purposes of through vehicular traffic and is currently used by Fiddler's Hearth for a sidewalk care structure, and by Madison Oyster Bax for storage of a duznpster, and by 1"iddler's Hearth, Madison Oyster Bar and Saignn Markey for ingress/egress and deliverieslservices. C. Madison Oyster Bar currently owns two HVAC units and a satellite dish that encroach an the 1liddler's Hearth rooftop and has enjoyed rights of access for periodic maintenance, and needs cnntiz~uirtg rights of access for maintenance and eventual replacernex~t. D. The parties seek to resolve all remaining disputes among them in order to carry an rx~utually agreeable business practices and to contribute to an agreeable downtown enviroanxri.ent. CLAUS S 1. The parties agree to the vacation of the Alley as described above, and as shown in the diagram. attached as incorporated as Exhibit A. ~'he dotted line shows the division nfthe vacation, with ownership gairtg to each adjacent land owner to the midpoint of the alley, as it runs north to south. 2. The parties consent to the vacation described above, axkd agree to complete all necessary documents to be submitted to the City of,South Bend, or any other municipality, in order to obtain the vacation of the subject Alley. 3. Saigon Market and Fiddler's Hearth agree to a perpetual easement which will xun with the land, to allow the existing Fiddler's Hearth patio structure, as well as any replacement structures, laraaited to its current dimensions to be situated in the alley as an ourdoox dining area as well as ingress/egress and deliveries and services via the vacated alley easement. 4. Madison Oyster Bar and Fiddler's Hearth agree that Madison Oyster Bar shall be entitled to a perpetual easement, to run with the land, in order to allow placement of its dumpster, and use of an niUgrease vat, or a replacement dumpster and ail/grease vat, in the alley area immediately behind its building, to the north of fiddler's Hearth, and rights of iragresslegress far deliveries and services via the vacated alley easement. S. Fiddler's Hearth acknowledges and grants Madison Oyster Bar perpetual rights, which will run with the land to continue tv place, maintain and xepair, and if necessary, replace the two HV.P,.C units and a satellite dish on the xoof of the Fiddler's Hearth building. 6. Madison Oyster Bar and Saigon Market also acknowledge that Saigon IVlaxket shall be entitled to a perpetual easement, which will run with txie land, for ingressiegress and deliveries and services via the vacated alley easement. 7. Fiddler's Hearth acknowledges that Saigon Market shall x~nt be liable far any lass or damages arising from Fiddler's Hearth use of the easement described in paragraph ~, above, as well as the patio structure and any replacement; further, Fiddler's Hearth indemnifies Saigon Market for and holds it harmless against any loss car damages arising from Fiddler's Hearth patio structure. L___. Fiddlex's Hearth, Inc., tenant ~`~ y its authorised agent STATE OF ITTDIANA } C~LfNTY OF ST..TOSEpH }SS. Beef re me, the undersigned, a Notary Public in and for said County artd State, thfs „~3 ~i day of ~201D, appeared FiddIer's Hearth, Inc. by its authorized representative `~t°~`~ I+?Y.~ ,and acknowledged the execution of the above and foregoing AgresrnenC. IIV WITN'IaSS W1~IBREDF, i have hereunto .set zny hand and iVr~tarial Seal, this ! 3 ~ day af..4, 2Di0. .~~ My Commission expi ~ p ~ / Pte" w~~, Notary Public esxa~~t of ~ . flDCe~iy county. State of ~hta,~~I3 APPxO~ $cretrci eat Puhk~ V~4rks i; } ~ ^r" 1, t< ~ l) Ceal Mar, ~c., land awrzer By its authorized agent STATE OF 1NDTANA } COUNTY t}F ST. JaSEP'H )SS: Before me, the undersigned, a Notary Fubiic Sn and fnr said County and State, this ~~' day of ~ 2010, appeared Cen] Mor, Ine. by Sts authorized representative r~'~ 1~1F~f1Ar`~ ,~, and acknowledged tY~e execution of tl~e above and foregoing Agreement. IN WITNESS W~IEItEOF, I have hereunto set my hand and Notarial Seal, this C ~ ~ day of ~y 21310. y !i P ~ My Cona~zrzission expires: ~~ puyMlt- ~ / ~ ~ ~/ '~ l t 7 ~ camr~ ~~r Ke State of ~t~,A+~A' ~"'~~~ , Notary Public of .fir. Obs~ County. Ai'PR(~'L~1~ 13~r~trd ~~I Yuhlic ~or1~s Baa Nguyen, Land owner Sap~Nguyera STATE OF )N~]iANA; ) COUNTY OF 5T. JOSEI?H )SS: Be;Fore me, tre undexsigned, a Notary Public in ancf fpr said County and State, this ~.~ day oI' ~ 20iQ, personally appeared Baa Nguyen and acknowledged Che execution o~ the above anc3 foregoing Agreement. WITNESS WHEREOF, ~ have hereur~ta set my hand and Notarial Seal, t s 3 ~ day cif ~y 2030. jf~ 11dy Commission expires: •~ ~ / h1+~' ~P~~l3f Crl ~~ ~ tun M1t --~-~ State of "~~-rJ~~~ P ~• ~ IPr'~, Notary Public oP ST: ,~SD~ County. ~P~ROVE1] ~3oa.~d {>I P~3SIaa 'I~a~.~ .~ 3,y c ;~ "~ i f ~ ~... ..~ ~ ..~ Oanh Nguyen, ~~nd t~wr~er C~arih Nguyen STATE QF 1~TDIANA ) COllN'i"'~ OF S'~'. JOSEPH )SS. Before e, the undersigned,. a Notary Public in and far said County and State, this ~~ day af~ 201 Q, persanaily appeared Oanh I•Tgayen anti aclrnovrledged the execution of the above and faregaing Agreement. IN WI~'NESS '9VHEKFOF, i have hereunto set rn~y hand and Notarial Seal, this ~~ ~~ da~+ of , 2D10. ~ R A!'~YM My commission expires; ~~ r 11111~~ (r((3 f ~ ~a~ Cammis~iaA ! Jun State of ~~~" ~~. ~S('~"~ , N~atary Public dent of _ .ST Gt~.~P~1 County. APPR~V~'~ o~xd tff PuB~e ~o~~ Saigon Market, mac., tenant .- By its authorized agent STATE OF INI7IAI'~A ~ CU17N"p'~.' OF ST. JaSEPH )SS: before nxe, the ~indersigned, a Natary Public in acrd for said County and State, this ,,_,~__~ day of ~ 2010, persQnalDy appeared Saigon Market, Inc. by its authorized representative ~~ b ht~~t~ ~~ ,and acknowledged tl~e execution of the above and faregning Agreement_ IN WITNESS W~'RL~OF, !have hereunto set my hand and Natat`ial Seal, this ~r day of ~ 2010. My Comnaissian expir ~ ~~ !" ~ ~r 3~ ~ ~t~~y i~~ ~, ~ommtie+~M- State of ~ ~ ;,~~r~¢,,,u~! ~ f ~!~'v, Nntaxy Public Resident of S1` _ l~?1S~H County. il~~d. ~f. ~ubl~ '~~ xL c~a ~ ~~ t 3.R:. La~axu Sirneri, Iand awner ,~ ur STATE CJF ~TDIANA ) COUNTY OF ST. JOSEPH )SS: Before me, the usadersigned, a rotary Public is~ and for said County and State, this /~~ day ©f April, 20I4, personally appeared }",aura Simeri ar~d acknowledged the execution of tlae above and foregoing Agreement. IN WM'NESS Wi-7EREOP, I have hereunto set my hand and Notarial Seal, this ;, day of A.pri3, 20I~. li~1y Cnrru~issio~r expires: ~ .~ ' I- % ~ S-`p ~' J ,~ .S , Notary Publ is Resi ent of County. State of ~ ~ GL• pP~~~~ 1~~,:o~rd cif Pu~s]<ic ~~ cir f r~~ ~ ~~, f..., , ..3 .x~, <) dt1, Inc., tenant ~ ~ ~~~~ fly ~ s~~"~oe~d a;ent STA71'E O.F IlVT7IANA ) COUN'T'Y OF ST. JOSEP~I )SS: Before rne, the undersigned, a N'otaiy Puhiic in and for said County and State, this ~~ day Qf April, 2C1I~1, ap ~eated dt1, Inc. by its authorized represenCAtive ~`~l~~r~.t~' ~ ~' .-r -'~~r',~:~~r 1 ,and acltnowledged the execution of the above and fflregaing Agreemen#. :s IN WfI'"NESS ~REOF, I have hereunto set rs~y hand and Notarial Seal, this r~ ~.~ aay of April, gala. hny f:amrrxission expires: r~ G State 0~, ;, ~~,~ `Fi~~.~~'t`. ~~ ~f"' - itaryPubiic Resident ~ .. :'` County, ~.~~~~ y.~t~:l1C+~ i4~ ~U1~3e E~~u ;f' ~ ~ ~1 ~ "4i ~~ ~~~ ~ n~ ~ Z affirm under the penalties for perjury, that I Dave taken reasonable care to redact each Social Security number in this dgc~i,~fient, unless required bylaw. P. Ryan ~~i ~ r n Date This dgcumsnt prepared by Shaven P. Ryan, 220 W. Colfax Ave., suite 425, Soath $end, tT+T 45601. DECEIVED ~~~, ~Q~{~~~ PET1T10N TO VACATE PUBLIC R1GHT'S-OF-WAY {STREETS/ALLEYS a3I~~' ~~ ~~U7f~ ~~ND (aF ~!1!~'al1~f~Ef~~N~ TO THE CC}MMQN COUNCIL OF THE CITY OF SOUTH BEN[), INt7lANA DATE: ~? /f ~ f/Gy WE, THE t1NDEftSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS The existing alley with encroachments tFrat runs North and South to the Immediate west of (a} fiddler's Hearth (parcel number 0180080316/$}, (b) Madison Oyster Bar {parcel number p18pOSp315f and tc) Saigon Market parking lat (parcel p1810080314} and to the immediate east otSaigon Market parcel p~8Ipp803Z3y, as shown In the attached and incorporated Exhibit A. B. THE STREET l7ESCRiBEp A5: Not applicable. NAME (signed & printed} ADDRESS LOT# Ceol r, Inc. b 1Z7 N. Main Street 0180Q8a315j8 South Bend, IN 45601 Its authorized agent ~, ~.~ ,......_._~Z08 -N. Colfax Ave. .:~ 0181008p313 Bao PQguyen ~~""~`-~'~ SQUth Bend, IN 46601 p1810p84314 208 W. Col#ax Ave. 0181008p313 ©anh Nguyen South Bend, IN 4b601 QIS1t3080314 . 129 N. Main Street 018t108a315 ur r' South Bend, 1N 466E31 RETURN TO; flFFICL~ OF TI-!E CITY CLERK .JOHN VOORDE, CITY CLERK RC70M 455 COUNTY-CITY BUiLDiNG SOUTH BEND, IN 4b601 574-235-9221 CONTACT PERSON: SHAWN P. RYAN 22D WEST COLFAX AVE. SUITE 425 SOUTH REND, IN 45b01 {574) 289-0909 INTER-~OFFiCE MEMORANDUM BOARD OF PUBL(G WORKS TO: ..C~ Littrell, Engineering Department ~' -~oht~ Syarni, Area Pian Commission X235-98'i3 fax~[~'~ ~ Jeff Gibney, Community & Economic Development ~,.GIS`ris Drassel, Community & Economic Development l ~ . ~;~ .-Bois Ma#hia, Carnmunify & Economic Development ';. r erica Rodriguez, Fire Department ~ •~ ter'' `, Andre Price, Solid Waste ~ ~~ ~~,f Stephen Goen, police Department Cheryl Greene, City Attorney's Ofgce Jim Baffin, NIPSGO [irbeftin,~a~nisource.com or 284-2228 fax) ~'or Informalaonal Purposes Only FRt}M: Linda M. Martir-, Clerk ; ~ RE: Request for Recommendation - AEiey Vacafion location: First North~South Alley South of Colfax and West of Main Street (Pr'eliminary Review) DATEc April 25, 2008 [~tIE: Mays, 2oas FAX OR E-MAfL TO: 235-817'i / IrnartinCa7southf~ndin.~tov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMEN©AT10NS: BY: DATE: ~^-25-98 16:26 CQM1+lUNITY D~VELpPMLNT IDmf15?42359597 INFER-OFFICE MEMOR.ANDUN# BOARD OF PU~[.iC WORKS ~'O: Carl Li~ell, Engineering De~artmerst Jof~n Dyorni, Ares Plan Oomrrtissiart (23a-9813 fax} Jeff Gibney, Community & Ecottomlc aevelnpment Chrls ©resset, Community 8 Economic Deveioprnent ~o~ Mafhia, Community & Ecanomia Development ~ederiro Rodriguez, dire Department: Andre Price, Sollcf Waste Stephen Goon, polite €~epartment Chehrt 4reene,.CltyAttpmeyr's Office ,dim 68ttin, NipSCt7 (irbetdn,.i source.cbm or 284-222Q fax) For ~nlonnaiiionsi . purposes Qn1y FRE3ilVl: Linda M. Martin, Clet'Ic '~r , Ri:; Request for Recommendation • Al ley Vacation 1[.ocativn: First NUrth-Saufh Allev Souti~ of Colfax and West of Main Street {prefimir~ary Review DATE: Agri! 25, Zt?48 DUE: MaY t;~ ~Ofl8 FAx O~ E-MAIL'f0:. X35-9474 1 [martinCd~outhbe~d~~Lr- RETURN RECt~MMENpATION WAGE ONLY. ATTACHMENTS NOT REQUiREt}. COMMENTS_ $ .Ri~trC,~MNIENDA P•01 ~~" U I ~'~ ~~ l r e e. ~ n ~' r a ~. J t,~r~ ~,~ `~'b U rs ~ ~` S ~ ~'~ . }~a (J rr; s f , ~ 1.,~'' . 40~ clot-.~"" to ~'f Ov~ar'S c,~G ~n ~~t/ofW` V toff ~~ttar*~~~C~~hc.!t ~~, t. ~ d eft `1.rntl ~ ~G t'~ $.5 ~'"-L.l ~'C~ ~r~-~ CJ~r.rt~rSvr ~, ~fQ.f~'~~ i7A'TE^ `1~ t2~`~d ~ -~, ~rc~t!' `~4 Qc~pn,rd~ ~~.~-~o . Received dime Apr, 75. 3,34~IN INTER-C1FFtGE MEMQRA.~fDU1V[ BOARp 4F PUBLtG WORKS Tp: Carl Lt##rell, L~ngineering Departmen# Jahn Byorni, Area Plan Commission (235-9$13 fax) Jeff Gibney, Community ~ Economic l~evsbpmen# Chris Dressel, Camrr~uni#y & Economic Development Bab Mathis, Community & Economic Development Federico Rodriguez, l=ire ©epartment Andre Price, Solid UVaste Stephen Coen, Police Department Cheryl Greene, City A#tarney's Office Jim 8e##in, NlPSCD (j{be#tinCa~rrisc~urce.cam or 284-222$ fax) Eor !n#ormationai Purposes C1ply FROIGI: Linda M. (Martin, Clerkr;~,~ RE: Request for Recommendation -Alley Vacation Location: First Nor#h^Sou~lle~ South of Cfllfax and West of Main Street {preiimlt~ary Review) aATI. April 25, 2008 DUfE: EMay 6.2006 FAX pR ~-MAIL Tp:, 236W9'I7'1 ! Imartin a~7s. outhbendir~.sao~ RE7"tJRN C~EGQNlMENDA~'lON PAGE fJNLY. A'CTACHNdENT'S N4T REQU4REB. CpMMEMTS ~ RECpMMl;NDATlOIVS; ,~r~ ,,L ~~'c ~'t, i'1 !S ~ ,~ ~~; ~: ~' +d ry7- ~I9 ~' P~ ~1.I'1ti p ¢~'r~x,~ ~ f'~ ~~, %r ~%9Y~ ~~` ~t/G 9/~`~ _. ----~- ~~~ ~ ~~•~/~ ~ ~ ~ o/ f~'~ ~~. ~~~ ~1 yam. d'; ' ~~6 ~ ~1,~ ~ar ,~ ~,~ ~S ~.~ t~~~,~1"r~,~,~e~ I~fTER-OFFICE MEMBxtAND~M ~v~-~a of Pue~.~~ w~aR~s T(3: Car1 >wittrefl, Engineering Department John 8yorni, Area Pfan Commission (235-983 fax) Jeff Gibney, Community & Economic Qevelopment Chris Qressei, Community & Economic Development Bob Mathia, Cort~munity & Economic i~evefppmant Federico Rodriguez, Fire C~epartment Andre lance, Sofid Waste Stephen Goen, Police nepartment Cheryl Greene, City Attorney`s Office Jim Bettie, NIPSCU (~rbettint~nisnurce.com or 284-2220 fax} For [nforrna~ionat purposes Ortiy pROJlit: Linda M. Mar#in, Clerk ; ;~y(_,,,,, RE: - Request for Recommendation -Alley Vacation Location: First North-South Alfey South of Colfiax and West of Main Street ~Pretiminary Review) f~ATL: Apr€125, 2008 DUFF: May 6, 2(}0$ FAK OR t*-Matt TU;, 235-9173 I Imarttr~Cd>~southbendin~gov RETURN RECO1111MENDATIDN PAGE aNLY. ATTACHMENTS N4T REQEIIREE~. CONfMEN7S & RECOMME~fDATiONS: ' r ~" C lZ~-~n R:. /.-?-rt~;-~~~'L~-d- ~'tr~.(',r..~c.~..~r '~,~, ,~L~. .-2i~ ~~l~a~ 8Y: QATE: .. ~~ ~~~ ~ 04125/2008 t 3 14.3.1 5742357536 SOUTH BEfdD POLIO INTER-p~FICE MEMORANDUM BpARQ OrF F'UBI~IC WClRKS TO: Carl Litf~ell, Engineer+n~ Department John f3yorni, Area Plan Gammissian (2:35-9813 Pax) . Jeff Gibn@y, Community ~ Economic ©~velopment Chris Dressel, Cvrninur~lty & t;conomic E7evelopment Bob Mathis, Cornm~nity $. Ecflnamlc Develaprnent Federico Rodriguez, Fire Department Andre Prtoe, Sdfid Was#~ Sfeph~rt Gwen, Police l~epartmettt Cheryl Greene, CityAttarney's C3PFire Jim Baffin, NIPSCO (irhettin a~~n)sot~rce.com ar Z8~-2220 fix) For Infarr»attonat . Purposes Only FROM: Lihda M. Martin, Clerks RE: Requesf for Recornmendatlar~ -Ailey Vacation I.acat~on: f"first tVorth-8ot~th Allpv South of Colfax and West of Mein Street (Prelrrninary Review) DATE: April 25, 2008 au~: May ~. zaae SAX OR E-MAIL TQ:, 23&9'171 1lm~ _it cwt ,otti4hlle~lr~.~{orr RfwTURN RECOMtiII~NpATi4N F'aGE ONLY. ATTACHMENTS NOT R~QUiRf~tO. Ga1~1MIwMTS ~ REGOMMEWDA'fi'IQNS: BY: T~; "~-A2S ~ D PAE~ 0il0i i 1 i I i Received Time Apr,25. 12:15PM 04~30120~0$ 17:35 FAX INTER-0~'F1GE i~II~MQRANDUM BOARD QF PtJBLlO WORKS TO; Carl Littrelf, Engineering ©epartmer3t John Byomi, Area, Plan Commisslor4 (2~5-883 !ax) Je#i Gllxney, Communlfy 8 Economic Development Chris Drss~el, Cornmunlty ~ Eoonamlc Development Bob Mathla, Community 8 Economic ^svelopm6nt Fedcriaa Rodriguez, Fire Department Andre Prlc:e, Solid Waste 6tephen Goers, Police Dspartment Cheryl Greene, City Atton~ey'e OfFoe Jlm Bettira, NIPBCO ( nlsource.oam er 284-2220 fax) Ivor Inforrnatlotutt Pt~rpases Only FROM: Linda M. ldlartftl~ Clark ~ . RE: Request for Recorrtmendatlot~ -Alley V$catlort Loca>riarr: F.irs#._North-$outh Alley Snu h of Galf~,?~,,~,~d West of Malrt.~treet ~Prelimtnary Ravlewj DATE: April 25, 2008 DUE: 1~l ay $. 2QQB t=AX OFt ~-MAIL T4;, 35r~~~°1 1 I~„~;.~ri , _ outl,~,~e~{~tn.~c-v RETURN RE_CDMMENDATION PAGE ONLY. ATTACiWMENTS NOT REQl1lRED. COMMEN'~3 ~ R CO M ATIQNS: p, ,~ - r Received Tine Apr.30, 11~39AM l~j 002 j002 i s i F i f 'r I i I Area P~ar~ Cammiss~an a#' S#. Joseph Cau~~~ ~ 1~4q county-city Building South Bend, Indiana 466q# .lohn W. 8yami tarry P, Maglipzzi Executive Director Assistant Director Phone 5'74 235-9671 www,stjosephcauntyindiana,corr~lareaplan F'ax 574 235-9813 Tune 6, 2x08 TI-e Board of Public Works 13'~ Floor, County-City Building South Bend, Indiana ~I6601 ItE: Alley Vacation First North-South Alley South of Colfax and West of Main Street Dear Board ]Members: The staff has reviewed this petitiart. It is the staf!~s opinion that: {I) Tire vacation would I`zot hinder the growth or orderly development of the unit or neighbarhpod iu which it is located or tq which it i5 contiguous. {2) The vacation would not make access to the lauds of the aggrieved person by means of public way difficult or inconvenient. {3} The vacation would root hinder the public's access to a eharch, school, ar other public building or place. {4) The v8.catiaxt would oat hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. Staff recornrnends that the street be vacated subject to any further utility or access easeruents recorxcmended by the Engineering and Building €)eparirnents. Sincerely, ~,~ L~.~ Mark Lyons !'fanner Serving Sautt~ Bend, LakOVllle, New CarEisle, N4Ri1 Li1?erty, dsCeoiB. Roseland and 5t. Jpseph County, Indiana Page 1 of 1 Jennifer Carte -Fwd: Af[ey Cafe fr"rom: Cart l.ittrei! To: 3ennifer Corte Date: 6J5/ZUfl8 4,01 PM Subject: Fwd: A[ley Cafe fyi »> Fiddler's Hearth Public House <fiddlershearth@gmaif.com> 5J24J24ET8 5:44 pM »> Thank you for your patience while we've done our research with the city and discussed the issues with our neig#~bors surrounding. the use and maintenance of the a61ey that runs behind our business. Some conflicting information on maps received from the city has slowed us down some, but after my last conversation with Tony Molnar at the Engineering Department, we understand that the alley is indeed owned by the city (contrary to a notatFOn on one of the maps we found). We are currently against the idea of vacating the alley as it would totally cut off our legal access to the back of our restaurant. We prefer to leave our garden in the alley under the sidewalk cafe provision with a variance that allows us to leave it up at night and year round as requesfied in our apptication. (This was approved last year per a letter from #.inda Martin stating that we needed to also take care of a dangling wire on the back of the building,) The pergola in the alley conforms with the drawing that was submitted and approved ny Public Works last year. We completed two applications and paid for two permits last year (one far the front sidewalk and one far the back alley}, and paid far two permits again this year. if the sidewalk cafe avenue is not satisfactory, is there another avenue that wrauld allow encroachment on pubtie property? Bath Fiddler's and Oyster Bar are skip receiving deliveries through the garden to our back doors, and the fire rrtarshal has inspected and approved the structure. At this point, 1 need to know if there are arty other issues with the garden that I need to address. We have invested over $14,04Ct in the paving and pergola. It has proven extremely popular with our patrons and we would very much like to keep it. Please advise what else we need to do. Best regards, Carol Meehan Fiddler's Hearth f~e,l/C:iDocurr~ents and Settingsl.~CORLE~Loca1 SettitxgslTemplXPgrpwise~4&48DD]ESS4U... 61S/2QQ8 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF 'THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR 20l 1 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code § 36-4-7-2, the City's legislative body is required to fx the annual compensation of all elected offcers. Such compensation may "not be changed in the year for which it is fixed, nor may it be reduced below the amount fixed far the previous year." The following Ordinance establishes the annual compensation for Common Council Members for the calendar year 2011. l; ~" ~.../r'r•rn, /1~rr~~rr, ~r~i/:•i•r1r;r~r~r/ by the Common Council of the City of South Bend, Indiana, as follows: Section I. The members ofthe Common Council of the City of South Bend, Indiana, shall be paid from the General Fund fhe following annual salary amount. 2011: $17,23b.00 Section. lI. This Ordinance shall be published as required przrsuant to Indiana Code ~ 5-3-1, with the first publication taking place at least thirty (30) days before the final passage by the South Bend Common Council. Section III. This Ordinance shall be in full farce and effect froze and after its passage by the Common Council and approval by the Mayar. Member of the Caznmozz Coun ~' ~ ff~ c ~ o f th ~ City ~~~~ John. Voorde, City Clerk August 18, 2010 ,.~ Honorable Derek D. Dieter, President South Bend Common Council 227 W. Jefferson Boulevard South Bend, Indiana 4fi601 Re: 2011 City Clerk Salary Ordinance Dear President Dieter: :~ ~ ~~ _ ~ ~ Attached for your consideration is the 2011 salary ordinance fixing compensation for the South Bend City Clerk. This annual. filing is prescribed by Indiana State haw. Your fa~orabfe consideration is solicited. Thank You. Respectfully, ~~ _~.,,; John Voorde City Clerk 455 County-City Building •227 W. Jefferson Blvd •Soccth Bend, Indiana 46601 •5741235-9221 • fax 5741235-9173 • 7`DD 5741235-5567 Mary $eth Wisniewski Janice Tall~ovm Winona Hays Chief Deputy Deputy Ordinance Violation Clerk ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2011 Statement of Pu ose and Intent The City Clerk serves as Clerk of the Common Council under Indiana Code ¢' 3b- 4-b-9 and maintains custody of its records. The City Clerk is also charged with maintaining all records as required bylaw; keeping the city seal; administering oaths; taking depositions; attending all regular and special meetings of the Council; and performing other duties as required by the Common Council. The Common Council is required by under Indiana Code ~ 36-4-7-2 to fix the annual compensation of all elected city offcers, with such an ordinance being published at least thirty (30) days before final action by the Council. Indiana Code ~+' 36-4-1 I-4 authorizes the City Clerk to appoint ``the number of deputies and employees authorized by the city legislative body." In the interest of fairness, the following ordinance sets forth the same percentage increase far the City Clerk as requested for the deputies and employees in the City Clerk's Office. .'%! ~-.. /%~~,:./',~.-.1,~ ;r ~.,-./..r~~.~/ by the Common Council of the City of South Bend, Indiana, as follows: Section I. The annual compensation for the City Clerk of the City of South Bend, Indiana, shall be established at a maximum amount of $53,856.00 for the 20l l calendar year. 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. r Member of the Common Coun i~ ~. .,.:~_ a.~::r ~i 1 ' ~ , %~/r~,~- Office of the City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the _day of ,2010 at o'clock _.m. Office of the City Clerk %„-,..,./....,/,~/~..y/by nae on the day of , 2010 at o'clock .gyn. Stephen J. Lueeke Mayor of the City of South Bend, Indiana ~-~~~-~~ z st R~AD1t~G p~a~!c ~~ ~:~~~ 3 rd F~~`,u~~~ ~i0~ APPR01!~17 R ; ~RR~D ~A551T8 ~0~"~~ ~Ct ~~~t'~t'~ ~ r~~~~ AUG ~ 7 2~1~ JQ!~h Yfl~Ru~ CI7YCL~RK; s^. ~~i~~, IH. caunrrv Crrr 8v~r~rxc 227 W. J~~s~ BoutEUa~E) S[w~rr BENV, IN 466A1 ~~' ~ ~.~ ~, PlrAGT _~ ~ ,~..~~ y ~ ~~iN-._ ~~{j~5 . F'FipAIE $74-235-92iB Fh7c 57A-x35-9628 CRY QF SpUTH $t:Np :3'rEF+I•1F~1.~.1LiJECICE, IYIAY4R aFFiCE OF At]MiNISTRATiON & FINANCE GREGG D, ZiENTARA~ CITY CpNTRClLLER August 18, 201fl Mr. Derek Dieter President, South t3end Common Council 4~ f=loor, Caunty-City Building South Bend, 1N 461^x01 re: 2011 Annual Salary -Mayor Dear Coundl President Dieter. Attached is the 2011 salary ordinance setting the Mayor's salary for the fiscal year beginning January 1, 2x11 and ettdirrg December 31, 2011. Accarclir~g bo provisions tttider It~d+ana law. I.C. 3fi~~7'-2(c), the Mayor's 2Q7 7 salary may not be reduced ftam the prior year amount. This ordinance maintains the Mayor's salary of the 2010 rate. f will present this Ordinance at #hs C,auncil's Personnel 8 I=inar~ Cornmiftae mee#ing and at the public hearing intended for September 27, 2010. Respectively Submitted, Gregg D. ientara ~~ cC: Stephen J. Luecice, Mayor of the City at South Bend !'St1L7 ( C7 LO~~ r .i~+i ~t~ 11l"k~~l ~. ti~ .. ,1 ~~ J4` ORDINANCE NO. xxxx-xx AN ORDINANGE LEVYING TAXIES AND FIXING THIa RATE OF TAXATI©N FOR THE pURpOSE ©F RAISING RlEVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIt_ CITY 4F SOUTH BEND FOR THE FfSCAL YEAR ENDiNQ ©IwcEMeER a~, ~a~ ~ STATEMENT OF PURPOSE AND INTENT. it is necessary td pass this Ordinance in order to levy taxes and fix the rte of taxation for the purpose of raising revenue to meet the necessary expenses far 2091. NOW, THEREFORE, BE IT ORDAfNEC3 8Y THE COMMON COUNCIL OF THE CITY OF SOUTH 13EN©, INl71ANA as folfaws: Section I. There shall be levied upon each One Hundred Dollars of Assessed Valuation of Taxabfe Property of the City of South Bend, Indiana, for the fiscal year 20'14 to be caliected in the year 209 9 the fallowing: Far CORPORATION GENERAL FUND, the sure of $O.OOOf] an each one hundred dollars of Taxabfe Property. For PARK AND RECREATION FUND, the sum of $flA0t10 on each one hundred dollars of Taxable Property. , Far FIREFIGHTERS' }'ENSf4N FUND, the sum of $O.OOOfJ on each one hundred dollars of Taxabfe Property. For POt_ICEMEN'S PENSIC}N FUND, the sum of $0.0000 vs, each one hundred doiiars of Taxabfe Property. For CUMULATIVE CAPITAL DEVELOPMENT FUNQ, the sum of $O.D400 on each one hundred dollars of Taxable Property. 1°otal Civil City Rate $t~.0~0 Far REdEVELUI~MENT BOND {COLLEGE 1=OOTBALL HALL OF FAME), the sum of $O.OOf~0 on each one hundred dollars of Taxable Aroperty_ Total Redevetops~ent Rate $0.4x00 Section 11. Thls Ordinance shalt be in full farce and effect from and after its passage by the Common Gauncii and approval fay the Mayor. Member of the Common Gouncii `~ Attest: s~IR~.s`'F ~`~>._..~. ., :. ~ e ' ` :.~, a ~t , `: s,' ~~ is ~ v , .~s ~~~~ ,~ fir. City Clerk Presented by me to the Mayor of the City of South Bend, f ndiana on the day of , 2 , at o'ciock m. Cepufy Ci#y Clerk Approved and signed by me on the day of , ~ at o`clock .rn. Mayor, City of South Send, Indiana 1 St RLA I~SF~U (j ~~ ~~~ 3 rd R~.~:~;NG hlUT A;~PRC~V~D. R[FC~cl~.ED PAS5i:~? sn:. i J {7l1 ~~k ',. ..~ ~ l: C..V '~ ~.,,,.,.... _ ~....... ~ ............. .. ..,d CauNrv-Cri'Y Bui~nuNo 227 w. ,tEF"EERSCIN BOt1LEVARD SourH BEND, !P! 46801 . ~u~ei~ ~ if~~ .F- --.. ~ , ~- ~ . 1 '`' ~~ V~ d- ~i` ~ ~~ ~ ~~ ~~: ~.. %~.:~ ~s~'.., .18(5 cirr OF Sou~H ego 3're~N J. Lu~c~cE, MnYO~ O~FtCE OF ADAAINISTRAi'tON 8e FtNANCI~ Gl2EGG D. ZrENTARA, C{TY CoNTROLL.iirR August 1~, za~a Mr. Deretc Dieter, President South Bend Common Council 4'" Fiaor County City Bui~ng 227 W. Jefferson f3[vd. Sau#h Bend, IN 4660'f PHnNE 574235-9216 FAK 574 235-~F128 ~- S3-ta re: Ordinance Appropriating Monies far the purpose of Defraying the Expenses of Several l]epartrrients of the Civti City of Sou#h Bead for the fiscat year ending December 31, 2Q11 Dear Council President Dieter. Attached herewith please find a bill far Camrnon Council consideration appropriating monies far the City of South Bend fnr civic city expendi#ures for the fiscal year eliding Det~ritbEr 9i, 2017. The ordinance attached is submitted far 1 ~` read filing with the Common Council for the meeting scheduled on August?_~, 2a1a. 1 will present the afarementianed bill at the Gammon Council's appropriate- Rersanai & Finance Gammittee meeting and at the publ"ic hearing intended far September 27, 2010. >~espec ' ty submitted, . ~~~ V Gregg ~. ientara cc: Stephen .!. Lueclc~e, Mayor of the City of South Bend ~.,_ .w._.,,..w {{ ~ r~ f' h~ 1~~~~1 f.`~,f~~1~.1 (299) Polioe Federal Drug Enforcement Fund (313) Wall of Fame Debt Service Fund (377) Professional Sports Reveiapment Fund (401) Caveleski Stadium Capital Fund 0403) Zoo ndawment Fund (404 County Option Income lax Fund (405) Park Department Non..Reverting Capital f=und (406) Cumulative Capital Development Fund (407) Cumulative Capital improvement Fund (408) County l<aonomic Development Incnme Tax Fund (409) Cumulative Sewer Fund (410) Urban Action Development Grant Fund (412) Major Moves Construction Fund (416) Morris Fer#orming Arts Center Capital Fund ,434} CRFD Fund '4b0) Paials Royale Wistoric Preservation Fund X555} Project Ref_eaf Fund 677) Hall of Fame Gapital Fund 709 } Fire Pension Fund 702) Police Pension Fund 705} Police K-9 Unit Fund 711} Self-Funded Employee Benefit Fund 713) Unemploymenk Compensation Fund 730} Ci#y Cemetery Trust Fund S!*CTl41V Ili. This Ordinance shalt be in full force and effect frorri and after its passage by the Common Council and approval by the Mayor. Member of the Common Council r Attest: ~. ,a. ~.~ ~: ~;'~g ~~ ~$~.j4 nia~ i:.rM1;~ '~~:.~.,sta'J~ tL~c°~l~f#E 4"° ..~~ { r r City Cleric Presented by me to the Mayor of the City o€ Sauth Bend, Indiana an the day of , 2 , at o'clock . m. Qeputy City Clerk Approved and signed by me on the o'clock .m. day of 2 at Mayor, City of South Bend, Indiana 1 s# RE1~,DiltilG ~`" ~- ~ --E c3 Fi)~LfC f;EARft~lG 3 r~ l;lrt~..~:f;NG hO~i A,3PROV)p RL•FTP.RI:[3 PASSF~ r `, /" 1 V n s ; ~r~ h ..': `~% ,~ ..,,°!"ice ........~_..._.__..._...,..v ........... M .....~ .... ........ ...~...,. ,, CoUM`v-C~7Y BUitnrNC~ 2,27 W. JEF'i:ERSON BUU1.E1/ARO SOUTH BEND, lid 4GB01 U ~ ~ ~ ~:~ i ~~ ~6U~ ~. . PHONE 574236-9215 FAx 574,235-D928 Crnr o~ Souni Br=n1D Ss~-wer~ J. I.uecxr=, M~ror~ OFFICE OF ADMINISTRATION $ FINANCE GREGG C1. ZIENTARA, CITY CONTROL.lER August 18, z01 a Mr. Derek Dieter, President South Bend Common Council 4~' Hoar County City Building 227 W..fefferson Blvd. South Bend, IN 46601 re: t7rdinance Appropriating Monies far the purpose of Defraying the Expenses of Designated Enterprise Funds of the City of South Bend for the ~iscai year ending becember 31, X01 i Dear Council President deter: Attached herewith prease tind a bill for Common Council consideration appropriating monies for the City of South Bend for enterprise fund expenditures for the fiscal year ending December 31, ~Qi i. The ordinance attached is submitted for 1~ read fling with the Camman Council fo- the meeting scheduled on August 23, 2010. I will present the aforementioned bill at the Common Council's appropriate Rersonal & Finance Committee meeting and at the public hearing intended for September 27, 2010. Respectively Submitted, Gregg Zle ra cc: Stephen J. t.uecke, Mayor of the City of South Bend .. ~ti'1U ~_,~_,w .. ,.._~... _...,........~ .,.,~ ~~i ORDINANCE NO. x -xx AN ORDINANCE DF THE COMMON COUNCIL OF THE CITY OF SOUTH.BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYfNG THE EXPENSt^S OF THE f)E&IGNATEC} ENTERPRISE FUNDS OF THE CITY OF SOt1TH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011 AND ENDING DECEMBER 39, 2U11, INCLUDING ALL OUTSTANDING CLAIMS AND OBL1GATiONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropria#e monies to defray the expenses of designated Enterprise Funds of the City of South Bend, Indiana for 0011. NOW THEREFORE, BE lT ORDAINED BY THE COMMON COUNCIL OF THE CITY aF SOUTH BIwND, {NDIANA, A5 FOLLOWS: SECTION 1. For the expenses of designated Enterprise Funds ofthe City of St>uth Bend, Indiana, its various departments, funds, commissions and ins#itutians for the fiscal year ending pecember 31, 2011, the fallowing sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart within the funds hereinafter named in Section If, and for the purposes hereinafter specified in Section 11, subject to the laws governing the same. The sums herein appropriated shalt be deemed to include aft expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by law. SECTION ii. For the fscal year ending December 31, 2f]11, the above appropriations are made within the fallowing funds of the City; Consolidated Building Fund Parking Garage l=and Solid Waste Fund Solid Waste Depreciation Fund Water Works General Operations Fund Water Wants Capital Ft~ncf Water Works Bond Capital Fund Water Works Customer Deposit Fund Water Works Sinking Fund Water Works Band Reserve Fund Water Works O&M Reserve Fund Sewage Repair Fundllnsurance Fund Sewage Wanks General Operations Fund Sewage Works Capital Fund Sewage Works OEM Reserve Fund Sewer Band 24i0~4-zOfl6 Fund Sewer Band 2007' Fund Sewage Works Sinking Fund Sewage Works Clay ©perating Fund Sewer Bond 20078 Fund Sewage Works Debt Service Reserve Fund Sewer Bond CSD Plan 201fl Fund Century Center Fund Pa{ice Federal Drug Enforcement Fund Hail of Fame Debt Service Fund Professional Sports Development Fund Covele5ki Stadium Capita! Fund zoo Endowment Fund County Option income Tax l=and Park ©epartment Non-Reverting Capital Fund Cumuiati~e Capita] t}evelapment Fund Cumulative Capital Improvement Fund Caurtity E~t~ai~lc devefapmerrt Income Tex Furtd Cumu ati~re Sewer Fund tJrbart Action Development Grant Fund Major Moves Construction Fund Morris Pertormirtg Arts Center Capital Fund CRE© Fund Palms Royale Historic Preservation Fund Protect ReLeaf Fund Halt of Fame Capita! Fund Fire Pension Fund Police Pension Fund Police YC 9 Unit Fund Self-Funded Empioyee Benefit Fund Unemployment Com nsation Fund City Cemetery Trust Fund SECTION Ni, This Ordinance shall be in full force and effect Pram and after its passag® by the Common Council and approval by the Mayor. member a the Common ~unc~ A#ti=st: City Clerk „ s _': e p,k 4F`" t.oU i kk °} ~ j ~e.x~b~F `~ Presented by me to the Mayor of the City of South Bend, Indiana on the day of _ , 2- - _~..~ a# _~_;, o'clock ~. m. peputy City Clerk Approved and signed by me an the day ol` ~ at o'cioclc ~ m. 1 s! F~ ",f:l`~ ~ -Z~ "t ~ 3 CC~~~.ir+'e '. i`;l~ IvU~ r,"r RC:VED ~cEFE~R~'L? PA55~i~ ... r g S r;:~n.yg Mayor, City of aouth Bend, Indiana ~ .. y ., ~; .~`;r ~ t~3;.,~~,~~-r i _ ; ~':} 1 ~ ~~ ~.. _,.., ..... ....... . _ ° ..,.i AREA BOARD OF ZONING APPEALS 125 S. T afayette Blvd. Suite 10~ South Bend:, Indiana 4GG01 (574} 235-9554 F~c: (574) 235-5541 Augusts, 20 l o ,~~ r~~ ~, ~~~ " e:~-_ ~ The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46G01 RE: Petition for Special Exception far NRJ Real Estate, LLC to allow a Resource Recovery Facility ABZA 8/4110 Dear Council Members: The above referenced petition of NRJ Real Estate, LLC was legally advertised on July 22, 2010. The Area Board of Zoning Appeals gave it a public hearing on August 4, 2010, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception of NRJ Real Estate, LLC to allow a Resource Recover Facility, on property located at 3700 S. Gertrude Street, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Charles C. Bulot, C.B.O. Building Commissioner CCB/cah I~TTt3 REAL ES'T'A'T'E, LLC SPECIAL EXCEPTION PURSUANTZI-09.3(D) AREA I30AR.D OF ZONING APPEALS FINDINGS pF FACT I . THE PROPOSED ~'SE WTLL NOT' T3T INJURIOUS TO THE PU13Ll+C HEALTH_ SAFETY'. COMFORT", COMMUNITY MO}~AL STANDARDS. CONVI~NIENCE OR GENERAL W]rLPAI2E. BECAUSE: I]evelopment and use as presented will coextply with all bui[din~;, fire safety, traffic. and parking regulations as to not being inluxious to the, public health, safety,_ rraorals_ and general welfare of the community. 2. TIDE PROPOSED L,SE WILL N07 1NJUR~ OR ADVEFZSELY AFFECT THE US.S' OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding pxoperties_ ~. TT-TE PROPOSED US.~ WILL I3E CONSISTE7T'I" WITH "pf-ILc CI-3ARACTL~'R OF TIDE .DISTRICT IN WHICI-I IT l5 LOCAT`1wD AI~'l,] TI-IE LAND USES AUTHORIZED TI-IEREIN BECAUSE: Conditions on tlae property predate the Zoning Ordinance, which creates a differeatt condition for this property. 4. THE PROPOSED LISE IS COMPATI>:3LE WITH THE 3ZECOMMI='.NbATIONS OI=' THE CITY OF SOUTH BEND CON1PREh'EI~'SIYE 1'.i`,.41~,' B ECA U S E: It is the feeling of the Board that the valiance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIOI~rS OR REVI5I0~15: I3L-CISI©N 1T lS 'THEREFOR.E the decision of the Board that this request for Special Exception shall be passed onto the City of South Send Cominan Council with a: FA,VORA,I3LL RECOMMENDA'I"T014 ADOPTED this 4th Da~~ ofAugust, 2010. Y'ES NO ® MICI-TA.EL UR~ANSKI ,~SSE?~7 RANDAI ,I, MATTNYS ® JACIG YOUNG AI3s~r-r ].ACK HICKEY ® GER.ALb P~zI~Ps ® ROBERT T3A'l~~I..EY ~ JOE VELLEMAN RESOLITTION NO. A RESOL>€.TTIOI~' ®F TIIE CQMII~ON C(]UNCiL f)E THE CITY OE SOUTH I3ENB, INDIANA, APPROYING A PETITION OF TkIE AREA BQARI3 ®F ZONING APPEALS FC9R TIDE PRC?PERTY LOCATED AT 37t#t#'~. Gertrt~tle St. WHEREAS, Indiana Code Section 36-7-~4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty ~b0} days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WI~EREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law, NOW, TI'IEREF®RE, BE IT RESOLVED BY 'I'HE COIdC3N CO£JNC'IL OP` TI~I< CITY OF SOI}TII BENI3, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Il~diana Cade Section 5-14-1.5-5, requesting that a Special Exception he gra~ated for the propez-t~~ located at: ~ 700 S. Gertrude St. in order to pezmit A special eaceptia~~ to alloi~- a resource recovery facility-- SECTI~?I!' II. Following a presentation by the Petitioner, and after proper public hearing, the Canunon Council hereby approves the petition of the Area Board of Zoning Appeals, a cagy of which is on file in the Office of the City Clerk. SECTIC)N III. The Gammon Council ofthe City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations'of tl~e City of South Bend Comprehensive plan; SEC'TI~N 1EV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the affce of the City Clerk. ~ECTI{41~1 V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Ma~rar. Member of the Con~man Council ~~~s~r~T~i~ ~-~3 -~ v ~~~av~c t. ~ v ~ 9;: =.. t., r ~ a ~i 'r ~iStr°~€~I ~. ~~tr~re_{j Reg ~-,~:"~~„faf~ ~,~~(.~~~ ~U4 ~ ~ ~V~~ '~_~