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HomeMy WebLinkAbout04-25-11 Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MONDAY, APRIL 25, 2011 7 : 00 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 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 14-11 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO BE VACATED ARE DESCRIBED AS: THE FIRST EAST- WEST ALLEY SOUTH OF CEDAR STREET BETWEEN HILL STREET AND ST. LOUIS BLVD. (APPROX. 344 FT. ) THE FIRST NORTH-SOUTH ALLEY EAST OF HILL STREET BETWEEN CEDAR STREET AND MADISON STREET (APPROX. 410 FT. ) 16-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE #9967-09A TO READJUST CERTAIN DISTRIBUTIONS FOR CALENDAR YEAR 2009 WITHIN COMMUNITY DEVELOPMENT FUND (##212) 17-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, APPROPRIATING $157, 000 RECEIVED FROM THE U. S. DEPARTMENT OF JUSTICE FOR THE WEED & SEED PROGRAM 8 . BILLS, THIRD READING TIME: BILL NO. 14-11 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO BE VACATED ARE DESCRIBED AS : THE FIRST EAST- WEST ALLEY SOUTH OF CEDAR STREET BETWEEN HILL STREET AND ST. LOUIS BLVD. (APPROX. 344 FT. ) THE FIRST NORTH-SOUTH ALLEY EAST OF HILL STREET BETWEEN CEDAR STREET AND MADISON STREET (APPROX. 410 FT. ) 16-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE #9967-09A TO READJUST CERTAIN DISTRIBUTIONS FOR CALENDAR YEAR 2009 WITHIN COMMUNITY DEVELOPMENT FUND (#212) 17-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, APPROPRIATING $157, 000 RECEIVED FROM THE U. S. DEPARTMENT OF JUSTICE FOR THE WEED & SEED PROGRAM 9 . RESOLUTIONS BILL NO. 11-25 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, IN SUPPORT OF THE RIGHT OF REPRESENTATION AND COLLECTIVE BARGAINING FOR WORKING MEN AND WOMEN 11-26 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1807 ALFTON COURT AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROBERT F. & N. MARIA BERGER 11--31 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING BOARD OF PUBLIC WORKS RESOLUTION NO. 21-2011 REGARDING BLOCK PARTY APPLICATIONS 10 . BILLS, FIRST READING BILL NO. 11 . UNFINISHED BUSINESS 12 . NEW BUSINESS REPORTS FROM THE AREA BOARD OF ZONING APPEALS A. BILL NO. 11-28 - SPECIAL EXCEPTION - 700 WEST IRELAND ROAD B. BILL NO. 11-29 - SPECIAL EXCEPTION -1201 CAMPEAU C. BILL NO. 11-30 - SPECIAL EXCEPTION - 1019 & 1023 TALBOT AVENUE REPORTS FROM THE AREA PLAN COMMISSION A. BILL NO 13-11 - REZONING - 400 BLOCK OF NORTH NOTRE DAME AVE. 13 . PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. MIA any , Hamer & Associates, MICHAEL J. RANCH, L.A. Land Surveyors . Professional Engineers RON HARNER, P.S. Landscape Architects is Land Planners Honorable Members of the City of April 19,2011 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Vacation Petition for the vacation of alleys described as: The first east-west alley south of Cedar Street between Hill Street and St, Louis Blvd. (Approx. 344 FT.) and the first north-south alley east of Hill Street between Cedar Street and Madison Street (Approx 410 FT.) situated in the Original Town of Lowell to the City of South Bend,Indiana. Dear Council Members: On behalf of our clients, Saint Joseph's Regional Medical Center-South Bend Campus, Inc., are requesting the approval of the Vacation for the first east-west alley south of Cedar street Between Hill Street and St. Louis BIvd. (Approx, 344 FT.) and the first north-south alley east of Hill Street between Cedar Street and Madison Street (Approx 410 FT.) situated in the Original Town of Lowell to the City of South Bend, Indiana be tabled until the May 9th Council meeting. The reason for this request is to allow for this Petition and the Rezoning Petition for the proposed construction of St. Joseph High School to be heard at the same Council meeting. These two Petitions are part of the same project. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Ranch President Danch, Harner& Associates fled I Vii.^ .1 '.t `Jffl File #110113 APR 9 12 CITY I f= - �3" END,IN 1643 Commerce Drive South Bend, IN 46628 208 West Mars a Berrien Springs,MI 49103 Office 574/2344003 ■ 8001594-4003 Q Fax 5741234-4119 office 2691471-3010 a Fax 2691471-7237 Danch, Hamer & Associates Inc, MICHAEL J. ©ANCH, L.A. Land Surveyors a Professional Engineers RON HARNER, P.S. Landscape Architects ■ Land Planners April 1,2011 Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Vacation Petition for the vacation of alleys described as: The first east-west alley south of Cedar street Between Hill Street and St. Louis Blvd, (Approx.344 FT,) and the first north-south alley east of Hill Street between Cedar Street and Madison Street(Approx 410 FT.) situated in the Original Town of Lowell to the City of South Bend,Indiana. Dear Council Members: Our clients, Saint Joseph's Regional Medical Center-South Bend Campus, Inc., are requesting the approval of the Vacation for the first east-west alley south of Cedar street Between Hill Street and St. Louis Blvd. (Approx. 344 FT.) and the first north-south alley cast of Hill Street between Cedar Street and Madison Street (Approx 410 FT.) situated in the Original Town of Lowell to the City of South Bend,Indiana. The reason for this request is to allow for off site parking for the proposed St. Joseph High School. The Petitioners believe that vacating the above-mentioned Public Alley right-of-ways will not have a detrimental effect on the adjacent properties. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Danch °"" - President , Filed �� � �II°� 1 1Ct� Danch,Harner& Associates File#110113 AN u CITY CLERK,Std-TH SEND,tV 1643 Commerce drive South Bend,IN 46628 208 West Mars . Berrien Springs, MI 49103 offlee 5741234-4003 m 8001594-4003 m Fax 57412344119 wee 269/471-3010 r Fax 2691471-7237 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO BE VACATED ARE DESCRIBED AS: THE FIRST EAST-WEST ALLEY SOUTH OF CEDAR STREET BETWEEN HILL STREET AND ST. LOUIS BLVD. (APPROX 344 FT.) THE FIRST NORTH-SOUTH ALLEY EAST OF HILL STREET BETWEEN CEDAR STREET AND MADISON STREET (APPROX 410 FT.) SITUATED IN ORIGINAL TOWN OF LOWELL TO THE CITY OF SOUTH BEND, INDIANA. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above-described public property. . NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: THE ALLEYS TO BE VACATED ARE DESCRIBED AS: THE FIRST EAST-WEST ALLEY SOUTH OF CEDAR STREET BETWEEN HILL STREET AND ST. LOUIS BLVD. .(APPROX 344 FT.) THE FIRST NORTH-SOUTH ALLEY EAST OF HILT, STREET BETWEEN CEDAR STREET AND MADISON STREET (APPROX 410 FT.) SITUATED IN ORIGINAL TOWN OF LOWELL TO THE CITY OF SOUTH BEND, INDIANA. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right- of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Tax Key Number 18-5009-0242 Tax Key Number 18--5009-0243 Tax Key Number 18-5009-0245 Tax Key Number 18-5009-0254 Tax Key Number 18--5009-0257 Tax Key Number 18-5009-0258 2 SECTION IV. The purpose of the vacation of the real property is to allow for offsite parking for the proposed St. Joseph High School. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Commo Council Attest: n 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 Fffe�"in- ■ ry�;��;. -:,�: ` - - APR „ - 7jgy � 4+ Im Y{ 1 PUELIC i y HOT 6/"SSID, PETITION TO VACATE PUBLIC ALLEY RIGHTS--OF-WAY TO: THE COMMON COUNCIL DATE: March 28, 2011 OF THE CITY OF SOUTH BEND, INDIANA I (WE) , THE UNDERSIGNED PROPERTY OWNER(S) , PETITION YOU TO VACATE: THE ALLEYS TO BE VACATED ARE DESCRIBED AS: THE FIRST EAST-WEST ALLEY SOUTH OF CEDAR STREET BETWEEN HILL STREET AND ST. LOUIS BLVD. (APPROX 344 FT.) THE FIRST NORTH-SOUTH ALLEY EAST OF HILL STREET BETWEEN CEDAR STREET AND MADISON STREET (APPROX 410 FT.) SITUATED IN ORIGINAL TOWN OF LOWELL TO THE CITY OF SOUTH BEND, INDIANA. NAME (signed & rinted) & ADDRESS Tax Key Number Saint Joseph Regional 18-5009-0242 Medical Center South Bend 18-5009-0245 Campus, Inc. 18-5009-0254 811 E. Madison Street 18-5009-0257 South Bend, Indiana 46617 For aint Joseph Regional Medical Center South Bend Campus, Inc. CONTACT PERSON: Michael J. Danch NAME: Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235-9221 Fated In Clerk's P APR -- 5 JOHN.VOORDe CITY CLERK,SC?UT4 Peer W Filed in Cle Office APR -5 ZU11 J°"""°` °E ALLEY VACATI L,ERK,S81lTy BEND, [ SURVEY OR By: DLZ DIAGRAM SURVEY DATED: 3/28/11 PROJECT NO.: 110113 LEGAL DESCRIPTION THE ALLEYS TO BE VACATED ARE DESCRIBED AS: THE FIRST EAST-WEST ALLEY SOUTH OF CEDAR STREET BETWEEN HILL NORTH-SOUTH ALLEYI EAST OF(HILLRSTREET BETWEEN CEDAR STREET AND MADISON STREET (APPROX 410 FT,) SITUATED IN ORIGINAL TOWN OF LOWELL TO THE CITY OF SOUTH BEND, INDIANA. W Z J Z W z LR R/W LINE R LINE R LINE CEDAR STREET 82.5' R R/W LINE 165.00' tss.aa R W LIN LOT 109 LOT 115 1� t8S 0U' (.0 W rr CL3 � z (0 LOT 110 `` $ 8 LOT tia _ 155 00' 1 ss op .,�_I Cn W LOT 111 0 ° LOT 117 {n t � 1 01 o loo• __! 344.00' Snag _l LOT 112 u LOT 118 � � z LOT 113 ° LOT 119 3 � ALLEYS TO BE W-TED _� M-00, G G ® .._.. 165.00' „'.'_ a LOT 114 $ LOT 120 $ R/W LINE w 4d R/W Lift Q MADISON STREET 82.5' R W 4 �a RWIfN -M � L ' Amer drA��ac tes Lane! Surveyors - Professional Engineers Landscape Architects- Land Planners Office: (574)234-4003/(600)594-4003 P*-: (574)234-4119 1643 Commerce Drive South Bend, iH 46626 opyr n , amok 5flU�'H 8� 1200 Couwy-CITY BUILDING .E" �..\ PHONE 5741235-9371 227W.JEFFERsoN BOULEVARD �\\ FAX 574!235-9027 SourH BFN6,INDIANA 46601-1830 1865 CITY of SouTH BEND STEPHEN J. LuEcxE,.MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXEc=vE DIRECTOR April 4, 2011 Mr.Derek Dieter President, South Bend Common Council 4ffi Floor County-City Building South Bend, IN 46601 Dear President Dieter: The attached bill for Council consideration and approval will amend the HPRP appropriation ordinance#9967-09A which the Council passed on October 12,2009. There is no change to the overall appropriation however certain agency allocations are being adjusted.A reminder that this appropriation covers three years from July 20,2009—July 19,2012,and that a portion of these dollars have already been expended. However,after consultation with HUD staff in both the Indianapolis Field off=ice and Washington, these changes are being submitted in an effort to implement a plan to better position the City and sub- grantee agencies to expend all of the HPRP dollars by the three year deadline of duly 2012. The changes speak to: (1) the actual change in service provision from Madison Center to Oaklawn (2) the pattern of higher investment costs per client than originally projected so an increase in the financial assistance dollars (3) the actual contractual cost of data collection (4) small increases in YSB and CFTH administrative dollars Per the Housing and Community Development Plan and HPRP regulations, a 12 day comment period to review the changes to the HPRP Substantial Amendment occurred from March 28, 2011 through April 9, 2011. A copy of this amendment was also available on the City's website. Should there be any questions on this bill please contact me at 235-5845. I ' esent to address this issue at the April 28,2011 meeting. Thank you. F110d I Clork' ffice Sinc ely, APB 0014N v0^00% Pamela C. eyer,Director CI'6Y ( �4K, I�RITif cc:J.Gibney, I March,L.Raygoza,E.Leonard G.Zientara COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT RNANCIAL&PROGRAM PAMELA C.MEYER DONALD E.INKS MANAGEMENT I 5741235-9660 5741235-9371 ELIZABETH LEONARD FAx, 5741235-9459 5741235-9371 �f C ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE #9967-09A TO READJUST CERTAIN DISTRIBUTIONS FOR CALENDAR YEAR 2009 WITHIN COMMUNITY DEVELOPMENT FUND (#212) STATEMENT OF PURPOSE AND INTENT On October 12, 2010, the South Bend Common Council passed Ordinance #9967-09A which appropriated a total of$1,148,607.00 in Homelessness Prevention and Rapid Re-Housing Program (HPRP) monies receivable from the United. States Department of Housing and Urban Development (HUD). This Ordinance #9967-09A provided for distribution to various City agencies and non-profit private enterprises which perform services to the homeless and those in danger of homelessness to the South Bend Community in furtherance of the HUD grant purposes. Since passage of Ordinance#9967-09A, certain operational changes have occurred which require the increase of certain designated appropriations and the decrease of others. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The following distributions set forth in Ordinance #9967-09A shall be increased and decreased as follows: Name of Distributee Original New Distribution Shift Distribution (To) (From) Dismas, Inc. $ 66,163 $66,163 0.00 Center for the $507,103 $795,357 288,254 Homeless, Inc. Youth Service $221,586 Bureau of St. $223,600 2,014 Joseph County, Inc. Madison Center $265,117 $4,283 Madison $8,980 Oaklawn ($251,$54} ' Dept. ofC&ED Planning& Admin $ 36,138 $ 36,138 0.00 Data Collection and $52,500 $14,086 Evaluation ($38,414) Total $1,148,607 $1,1 48,607 $290,268 OVERALL NET CHANGE $0.00 SECTION III. All other terms and conditions of Ordinance #9967-09A shall remain in full force and effect. SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Coun ill Attest: and City Clerk :. zx � nti Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock m. City Clerk Approved and signed by me on the day of , 2 at o'clock, .m. Mayor, City of South Bend, Indiana Filed In Ciprkos Office APR NOT JOHNVO—ORDE crryc SOX)T$ o� ,itifi Jt,`1/„ d 1200 COCrrry C1rr Bu1LD1NC 1 \ PHONE 574/235-9371 227 W JEFFERSON RsoN BOULEVARD FAX 574/235-9021 SouTH BEND,INM&NA 46601-1830 k k CITY of SouTH BEND STEPHEN J. LuEcxE, MAYOR COMMUNITY & ECONOMYC DEVELOPMENT jEr,FREY V. GIBNEY EXEC3TwE DIRECTOR March 28, 2011 �n Derek D. Deiter,President South Bend Common Council 400 County-City Building South Bend, Indiana 45601 Dear President Deiter and Council Members: The attached ordinance will appropriate the third year of funding for Weed& Seed site#2 Northwest from the Department of Justice(DOJ). The grant award of$157,000 is for the period of July 1, 2011 to June 30,2012. A copy of the grant award documents are attached. These fiends are being used for programming related to the Weed& Seed required areas of Law Enforcement,Community Policing and, Prevention, Intervention and Treatment activities. The multi-year effort for Site#2 includes the continued programs/activities of: police patrols, the time of a targeted prosecuting attorney, a home security program, an ex-offender re-entry program, a performing/visual arts/theatre youth program, graffiti clean—up and foreclosure prevention education. I will present this ordinance at your meeting on April 25 , 2011. Please contact me with any questions prior to then. Thank you. Sincerely, J � 1 C. Meyer Pame a C F Director Filed In lerk' sir. .: Community Development a cc: C.Nesbitt C.Dressel J. Gibney JOHN VOO ; F J. March CITYCI ERIC.,SGUT- SEND IN, � �. ._� J.Murphy G.Zientara CoMMUNiTy D1rVP,LOPMENT ECONOMIC DEVELOPMENT FINANCIAL&PROGRAM PAMELA C.MEYER DONALD E.INKS MANAGEMENT 5741235-9660 5741235-9371 FLizASETH LEONARD FAx: 5741235-9469 5741235-9371 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,APPROPRIATING$157,000 RECEIVED FROM THE U.S.DEPARTMENT OF JUSTICE FOR THE WEED& SEED PROGRAM STATEMENT OF PURPOSE AND INTENT In order to deliver services to individuals within our community,the City of South Bend received funds from the U.S.Department of Justice to insure the delivery of programs,projects, and services. The funds appropriated in this ordinance will aid in the defraying costs of programming within the designated Weed& Seed Site#2-Northwest. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,AS FOLLOWS: SECTION I. The sum of$157,000 is hereby appropriated within Fund 212 for use under the guidelines of the U.S.Department of Justice Weed& Seed Program. 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: r ., <b _ ' r :. and ��z14*��n4�t�W��Y4$4 kY4� � �� J`• City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock M. City Clerk Approved and signed by me on the day of 2 , at o'clock M. Mayor,City of South Bend, Indiana File in' AR t d JOHN I/463�i� pl1�i C�i� LORD,$® 3rd �.f .."f•l`3_ y RFE?Rs U Department of Justice r ,3 Office of Justice Programs Office of the Assistant Attorney General Wa.shingron.D.C. 20531 August 19,2010 The Honorable Stephen Luecke City of South Bend 227 West Jefferson Boulevard 1400 County City Bldg. South Bend,IN 46601-0000 Dear Mayor Luecke: On behalf of Attorney General Eric Holder,it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the CCDO FY 10 Weed and Seed Program Guide and Application Kit:Continuation Sites in the amount of$157,000 for City of South Bend. This award will enable you to support activities within your Weed and Seed designated area. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim audit findings,and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements,you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award,please contact: Program Questions,William A.Ballweber,Program Manager at(202)305-2975;and Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at (800)458-0786,or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations,and we look forward to working with you. Sincerely, J Laurie Robinson Assistant Apomey General Enclosures Department of Justice s Office of Justice Programs Office for Civil Rights Kishington,D.C. 20531 August 19,2010 The Honorable Stephen Luecke City of South Bend 227 West Jefferson Boulevard 1400 County City Bldg. South Bend,IN 46601-0000 Dear Mayor Luecke: Congratulations on your recent award.In establishing financial assistance programs,Congress linked the receipt of Federal funding to compliance with Federal civil rights laws.The Office for Civil Rights(OCR),Office of Justice Programs(OJP),U.S.Department of Justice is responsible for ensuring that recipients of financial aid from OJP,its component offices and bureaus,the Office on Violence Against Women(OVW),and the Office of Community Oriented Policing Services(COPS)comply with applicable Federal civil rights statutes and regulations.We at OCR are available to help you and your organization meet the civil rights requirements that cone with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know,Federal laws prohibit recipients of financial assistance from discriminating on the basis of race,color,national origin, religion,sex,or disability in funded programs or activities,not only in respect to employment practices but also in the delivery of services or benefits.Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency(LEP)Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C.§2000d,recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency(LEP),For more information on the civil rights responsibilities that recipients have in providing language services to LEA individuals,please see the website at http:i/www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations.In general,the regulation,Participation in Justice Department Programs by Religious Organizations;Providing for Equal Treatment of all Justice Department Program Participants,and known as the Equal Treatment Regulation 28 C.F.R.part 38,requires State Administering Agencies to treat these organizations the same as any other applicant or recipient.The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation,religious name,or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently religious activities.While faith-based organizations can engage in non-funded inherently religious activities,they must be held separately from the Department of Justice funded program,and customers or beneficiaries cannot be compelled to participate in them.The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion.For more information on the regulation,please see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo,htm. State Administering Agencies and faith-based organizations should also note that the Safe Streets Act,as amended;the Victims of Crime Act,as amended;and the Juvenile Justice and Delinquency Prevention Act,as amended,contain prohibitions against discrimination on the basis of religion in employment,Despite these nondiscrimination provisions,the Justice Department has concluded that the Religious Freedom Restoration Act(RFRA)is reasonably consvued,on a case-by-case basis,to require that its funding agencies permit faith-based organizations applying for funding,under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff,even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. Enforcing Civil nights Laces All recipients of Federal financial assistance,regardless of the particular funding source,the amount of the grant award,or the number of employees in the workforce,are subject to the prohibitions against unlawful discrimination.Accordingly,OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups.In addition,based on regulatory criteria,OCR selects a number of recipients each year for compliance reviews,audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Actor Program Requirements In addition to these general prohibitions,an organization which is a recipient of financial assistance subject to the nondiscrimination provisions ofthe Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,42 U.S.C.§3789d(c),or other Federal grant program requirements,must meet two additional requircments:(1)complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan(EEOP),28 C.F.R.§42.301-.308,and(2)submitting to OCR Findings of Discrimination(see 28 C.F.R.§§42.205(5)or 31.202(5)). 1) Meeting the ESOP Requirement In accordance with Federal regulations,Assurance No.6 in the Standard Assurances,COPS Assurance No.8.B,or certain Federal grant program requirements,your organization must comply with the following EEOP reporting requirements: ifyour organization has received an award for$500,000 or more and has 50 or more employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter.For assistance in developing an ESOP,please consult OCR's website at http://www.ojp.usdoj.gov/ocr/ecop.htni. You may also request technical assistance from an EEOP specialist at OCR by dialing(202)616-3208. If your organization received an award between$25,000 and$500,000 and has 50 or more employees,your organization stil l has to prepare an EEOP,but it does not have to submit the EEOP to OCR for review.Instead,your organization has to maintain the EEOP on file and make it available for review on request.In addition,your organization has to complete Section B of the Certification Form and return it to OCR.The Certification Form can be found at http://www.ojp.usdoj.goN,/ocr/ecop.htm. If your organization received an award for less than S25,000;or if your organization has less than 50 employees,regardless of the amount of the award;or ifyour organization is a medical institution,educational institution,nonprofit organization ar Indian tribe,then your organization is exempt from the EEOP requirement.However,your organization must complete Section A of the Certification Form and return it to OCR.The Certification Form can be found at http://www.ojp.usdoi.gov/ocr/mp.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing,on the ground of race,color,religion,national origin,or sex,your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies,you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws,including the requirements pertaining to developing and submitting an EEOP,reporting.Findings of Discrimination,and providing language services to LEP persons.State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. lfwe can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding,please call OCR at(202)307- 0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, / a. ---- Michael L.Alston Director cc: Grant Manager Financial Analyst Department of Justice Office of Justice Programs Office of the Chief Financial Officer Washington,D.C. 20531 August 19,2010 The Honorable Stephen Luecke City of South Bend 227 West Jefferson Boulevard 1400 County City Bldg. South Bend,IN 46601 -0000 Reference Grant Number:2010-WS-QX-0059 Dear Mayor Luecke: I am pleased to inform you that my office has approved the following budget categories for the aforementioned grant award in the cost categories identified below: Category Budget Personnel $81,094 Fringe Benefits $10,047 Travel $7,200 Equipment $o Supplies $24,650 Construction $0 Contractual $79,109 Other $7,233 Total Direct Cost $209,333 Indirect Cost $0 Total Project Cost $209,333 Federal Funds Approved: $157,000 Non-Federal Share: $52,333 Program Income: $0 Match is required at 75%for this grant program.The required match has been met.The non-federal share that has been incorporated in the approved budget is mandatory and subject to audit. If you have questions regarding this award;please contact; Program Questions,William A.Ballweber,Program Manager at(202)305-2975 Financial Questions,the Office of Chief Financial Officer,Customer Service Center(CSC) at(800)458-0786,or you may contact the CSC at ask.ocfoCusdoj.gov. Congratulations,and we look forward to working with you. Sincerely, Leigh Benda Acting Chief Financial Officer Department of Justice " Office of Justice Programs 'z Community Capacity PAGE I OF 3 Grant Development Office v-. I.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2010-WS-Qx-0059 City of South Bend 227 West Jefferson Boulevard 1400 County City Bldg, 5,PROJECT PERIOD:FROM 0710 12 0 1 1 TO 0 613 012 0 1 2 South Bend,IN 46601-0000 BUDGET PERIOD:FROM 07101!2011 TO 06!302012 6,AWARD DATE 06119/2010 7,ACTION IA.GRANTEE IRS/VENDOR NO. 8.SUPPLEMENT NUMBER Initial 356001202 00 9,PREVIOUS AWARD AMOU'N'T $0 3,PROJECT TITLE 10.AMOUNT OF THIS AWARD $157.000 South Bend Weed&Sced Initiative f 1.TOTAL AWARD $157,000 12 SPECIAL CONDITIONS THE ABOVE'GRANT PROJECT IS APPROVED SUBIECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S), 13.STATUTORY AUTHORITY FOR GRANT This project is supported under 42 U.S.C.sections 103-105 15.METHOD OF PAYMENT GPRS AGENCY APPROVAL :GRANTEE ACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Laurie Robinson Sicphcn Luccke Assistant Attorney Gcncra] Mayor IT SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL J 9A.DATE AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES 2]. JWSAGT0087 FISCAL FUND BUD, DIV. YEAR CODE ACT. OFC. REG, SUB. POMS AMOUNT x Q WS 26 00 00 157000 OJP FORM 400012(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 400012(REV,4-88) r-" Department of Justice Office of Justice Programs AWARD CONTINUATION Community Capacity SHEET Pqthe OF .. Development Office Grant PR43ECTNUM$ER 2UJ0-R'S-QX-0059 AWARD DATE 08119I2010 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current Office of Justice Programs(OJP)Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if p required to submit one pursuant to 28 C.F.R.Section 42.302);that is approved by the Office for Civil Rights,is a violation of its Certified Assurances and may result in suspension or termination of funding,until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits of States, Local Governments,and Non-Profit Organizations,and further understands and agrees that funds may be withheld,or other related requirements may be imposed,if outstanding audit issues(if any)from OMB Circular A-133 audits(and any other audits of OJP grant funds)are not satisfactorily and promptly addressed,as further described in the current edition of the OJP Financial Guide,Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the enactment,repeal,modification or adoption of any law,regulation or policy, at any level of government,without the express prior written approval of OJP. S. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal,employee,agent,contractor, subgrantee,subcontractor.or other person has either 1)submitted a false dlaim for grant funds under the False Claims Act;or 2)committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud,waste, abuse,or misconduct should be reported to the 016 by- mail: Office of the Inspector General U.S.Department of Justice Investigations Division 950 Pennsylvania Avenue,N.W. Room 4706 Washington,DC 20530 e-mail:oig.botline @usdoj.gov hotline:(contact information in English and Spanish):(800)869-4499 or hotline fax:(202)616-9881 Additional information is available from the DO]010 website at www.usdoj,gov/oig. 6. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of any contract or subaward to either the Association of Community Organizations for Reform Now(ACORN)or its subsidiaries,without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee.Cf.28 C.F.R.parts 66,70. 8. Grantee acknowledges that this award has a limited obligation and payment period and is not eligible to be supplemented with funds from other fiscal years. Therefore,timely implementation of this project is required. OJP FORM 400012{REV.4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION Commetnity Capacity SHEET PAGE a or Development Office �. Grant PROJECT NUMBER 2010-WS-OX-0059 AWARD DATE 08119,2010 SPECIAL CONDITIONS 9. The grantee/fiscal agent and Steering Committee recognizes that it must come into compliance with all new statutory requirements for Weed and Seed programs.See 42 U.S.C.Section 104. This includes,but is not limited to,amending its existing Operating Policies and Procedures,consistent with guidance that will he provided by CCDO,to include the U.S.Attorney(for the District encompassing the community)and the Drug Enforcement Administration's special agent in charge(for the jurisdiction encompassing the community)as voting members of the Steering Committee. 10. While specific program strategies may vary from site to site,the planning,development and execution for the following elements shall he common to all Weed and Seed sites.These common elements are:(1)to organize and regularly convene a Weed and Seed steering committee;(2)to maintain focus on die four components in the target neighborhood;(3)to screen applicants working with children while selecting and mobilizing resources to address neighborhood problems;and(4)to regularly revisit goals,objectives,and the implementation strategies and schedules. Failure to substantially comply with these elements is cause to discontinue grant funding. 11. The grantee agrees to require that organizations which receive grant funds certify,as part of the contract,that they have appropriate hiring policies and screening procedures for employees who will be working with youth and other residents as part of the Weed and Seed strategy. 12. Grantee agrees that if it chooses to award mini grants(sub-grants),those mini grant awards will be made for criminal justice purposes.Grantee also agrees to ensure that these procedures comply with The OJP Financial Guide. For purposes of this condition,"criminal justice purposes"shall mean those activities contemplated in the definition of "criminal justice"found in the Omnibus Crime Control and Safe Streets Act,42 U.S.0:3791 (a)(1)."Criminal justice" is defined as"activities pertaining to crime prevention,control,or reduction,or the enforcement ofthe criminal law, including,but not limited to,police efforts to prevent,control,or reduce crime or to apprehend criminals,including juveniles,activities ofcourts having criminal jurisdiction,and related agencies(including but not limited to prosecutorial and defender services,juvenile delinquency agencies and pretrial service or release agencies),activities of corrections,probation,or parole authorities and related agencies assisting in the rehabilitation,supervision,and care of criminal offenders,and programs relating to the prevention,control,or reduction of narcotic addiction and juvenile delinquency." 13. Grantee agrees to submit a copy of any revisions to the previously submitted and approved Weed and Seed Steering Committee Policies and Procedures. These revisions should be submitted to CCDO within 90 days of the adoption of the revision. 14. The grantee agrees to submit a Government Performance Results Act(GPRA)Report for each calendar year in which the grant remains open.These GPRA reports are due when specified by CCDO,reporting the results from the preceding calendar year. 15. The grantee agrees to comply with the applicable requirements of 28 C.F.R.Part 38,the Department of Justice regulation governing"Equal Treatment for Faith Based Organizations"(the"Equal Treatment Regulation,,).The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities,such as worship,religious instruction,or proselytization.Recipients of direct grants may still engage in inherently religious activities,but such activities must be separate in time or place from t];e Department of Justice funded program,and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary.The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. DIP FORM 4000.2(REV.4-88) 10 T11 0 City of South Bend Common Council M I{ 1965 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321 South Bend, Indiana 46601-1830 Fax (574) 235-9173 TDD (574) 235-5567 Derek Dieter http://ww ttp://www.southbendin.gov w Oliver J. Davis April 20, 201 1 Vice-President The South Bend Common Council Ann Puzzello 4"'Floor County-City Building Chairperson, Committee South Bend, Indiana 46601 of the Whole Derek D. Dieter Dear Council Members: .First District Positive working relationships are essential to establishing and maintaining Henry Davis, Jr. proactive measures among employees and employers. Second District Both management and labor need to have viable systems to communicate their Thomas LaFountain views and requirements to each other. Employee-employer relationships must take Third District place at both the individual level, but also at the collective level. Ann Puzzello The City of South Bend has a proven track record of fostering positive relationships Fourth District with both its non-bargaining and union represented employees. David Varner In light of the many forums where there are often heated debates and Fifth District demonstrations taking place, we believe it is important to recognize the many Oliver J. Davis positive benefits which result from the right to representation and the collective Sixth District bargaining process. Al "Buddy Kirsits We seek your support of the attached resolution. Thank you. At Large Timothy A. Rouse Mo 'nce y, At Large Karen L. White Henry Davis, Jr. At Large 2"d District Cou cil Ann uzzello 4t°' District Council Attachment RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, IN SUPPORT OF THE RIGHT OF REPRESENTATION AND COLLECTIVE BARGAINING FOR WORKING MEN AND WOMEN on April 18, 2011, it was reported that the Senate Appropriation Committee voted 8-3 for a $28 billion two-year budget for the State of Indiana, with it going to the full Senate for possible changes and debate;and a provision was included in that 2-year budget that would ban collective bargaining for state employees,and would further provide that no future Indiana Governor could use an Executive Order to create collective bargaining with action by the State Legislature being required;and former Governor Evan Bayh instituted collective bargaining by an Executive Order,and Governor Daniels revoked collective bargaining by an Executive Order in 2004;and 7 in light of this heated and ongoing debate,the Common Council wishes to acknowledge the hard-working and dedicated women and men who work in the City of South Bend,Indiana; NA" for many generations,there have been countless contributions made by the working men and women of our city, and the Council believes that they have the right to seek representation and bargain collectively;and the City of South Bend is a leader in support of collective bargaining. We have worked with representatives of the South Bend Firefighter's Association Local No. 362; representatives of the Fraternal Order of Police,South Bend bodge No. 36;and the Teamsters Local Union No. 364,which has resulted in creating positive and innovative working relationships;and sec because of these success stories, good working conditions resulted which were within city budgetary guidelines. Surrounding communities now look to South Bend as an example of what a united commitment to common goals and common ideals can accomplish;and the Common Council believes that because of the very right of representation and collective bargaining is under siege, that it believes that it should stand for the value and integrity of working men and women. The Council respects the importance of the collective bargaining process, as well as the cooperative efforts and hard-work to accomplish common goals. vY C�i owe, do re reu 4..(,, Gy a. W.— W.—I yeses wry /cg d W,, G�nW., as .follows: Section I. The South Bend Common Council stands with the working men and women of the City of South Bend in seeking to preserve the right to representation and to the process of collective bargaining for safe and productive working conditions,fair wages,and monetary fringe benefits. Section IL The South Bend Common Council recognizes the integrity and respect which has been built over the years through the local collective bargaining process, and believes that such rights have contributed to a very meaningful process which is respected and held in high esteem. Section III. This Resolution shall be in fu1 arc eff m and after its adoption by the Council and approval by the Mayor. juz 4eD;a , r. ° District ro zello.,4th D' avmk P*-_";1 daya/0*41 BOlf. John Voorde,City Clerk Stephen J.Luecke,Mayor V4� RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1807 Alfton Court AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Robert F. & N. Maria Berger WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted 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 1807 Alfton Court, South Bend, Indiana, and which is more particularly described as follows: Lot Number 38 Norawood Manor; and this property has Tax Key Number 023-1050-3201.20, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et secl.,and South Bend Municipal Code Sections 2-76 et Seq., 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 I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION 11. The Common Council hereby determines and finds 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 or contain only one (1) or two(2) family dwellings designed for up to four(4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: L have been sold and not redeemed under IC 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 of parcels 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 demolition 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 III. The Common 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 benefits 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. 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. 2 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 for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines 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 q. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Counc Filed its Clerk's Offl,: APR 6 214 JOHN VOORDE CITY CLERK,SOS SEND,IN so13 TR Ap 1316 COUNTY-CITY BUILDING \ 227W.JEFFERSON BOULEVARD U \\�� PHONE 574 235-9251 W �rsnc�/� a FAX 5741235-9171 SOUTH BEND,INDIANA 46601-1830 TDD 5741235-5567 P IC 1865 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS April 20, 2011 Mr. Derek Dieter President, South Bend Common Council 4t'Floor, County-City Building South Bend, IN 46601 Re: Resolution Approving Block Party Procedures and Application Fee Dear President Dieter: Attached for Common Council consideration and approval is a Resolution approving Board of Public Works (BPW) Resolution No. 21-2011. The most significant effect of BPW Resolution No. 21-2011 is to establish a standard application form and a non-refundable application fee of$25.00 for each special event, such as a block party, where the public right-of- way is closed to vehicular traffic. The BPW has estimated the City's cost of this process to be around $162.00 per event (see attachment), and with the increase in these applications, the cost has become significant. An application fee of$25.00 is just a fraction of the City's costs, and the BPW believes it to be a fair and reasonable assessment for users of this service. I will present this Resolution to the Common Council at its meeting on April 25, 2011 and will answer any Council questions or concerns at the Committee meeting earlier that afternoon. We appreciate the Council's consideration of this Resolution. Sincerely, Z�A Gary Gilot Director, Department of Public Works GARYA.GILOT,P.E. DONALD E.INKS CARL P LITTRELL PRESIDENT MEMBER MEMBER d4'0' RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING BOARD OF PUBLIC WORKS RESOLUTION NO. 21-2011 REGARDING BLOCK PARTY APPLICATIONS WHEREAS, on February 28, 2011 the South Bend Board of Public Works (BPW) approved Resolution No. 21-2011 attached hereto which amends certain policies and procedures pertaining to temporary use of the public right of way for block parties and similar events, which policies and procedures were originally adopted by the Board of Public Works in Resolution No. 10-1989 on March 6, 1989 and later amended and restated in Resolution No. 57-2008 on August 25, 2008. WHEREAS, the BPW receives numerous requests to use and block vehicular access to the public right-of-way for special events such as block parties, neighborhood gatherings, hog roasts, and similar events; and WHEREAS, the administrative costs to the City are considerable for all the work required (1) to process the application, (2) close down the requested right-of-way, and (3) reopen it; and WHE.UI AS, it is fair and reasonable that persons applying for a public right-of-way temporary closure contribute to a portion of the cost of that process; and WHEREAS, an application fee of Twenty-five Dollars {$25.00) approved by the BPW in Resolution No. 21-2011 is reasonable in light of the estimated total cost to the City of One Hundred Sixty-Five Dollars ($165.00) for every right-of-way closure. NOW, THEREFORE, BE IT RESOLVED BY THE I SOUTH BEND COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. BPW Resolution No. 21-2011 be and hereby is in all ways approved, including the revised Application Form and the charge of a non-refundable Twenty-five Dollar ($25.00) application fee accompanying the application of any request to use and/or block access to the public right-of-way. Section II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member, South Bend CommoA Council Filed In Clerk's OfffcW a pa6• n JOHN VOCIA11E CITY CLERK,$t'3i�Tk r"�t`Me, 0' q §7 ' 8 B # $ § § 8 / & G Q d § Cl) & § $ _ _ _ Q _ ■"5 2 � B 2 f _ _ 0 � . - m E Cl £ LU ƒ 8 U. § $ _ C q G @ E E 2. § w / An c � LO � Cl � . C C mot § - & § _ \ § 2' \ \ q S i Q & & . i (n \ x ® � k O e V k \ / / - o / — o ia a. E k / \ 0 x ) kk( $§ k� §/ { ƒ k\ \\ RR §§ § § � x CL « � L0kt ƒ r@ / / § k \/x ! a x - § \ { k � / \, 7 / � § 02 C,> / / ® + � ; % ® � X / x � o $ a I § § \ / $ k ; � � E { co7 � ■ a � E / e6 . E � % IL ) \ / \. � §ia / j � } k \ ° w ci.� ƒ' E cl ƒ A —ai 9 / 8 £ � wh ± w wCL wa. 03 am OE m2 kadaeLL @3 . RESOLUTION NO. 21-2011 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AMENDING AND RESTATING ITS POLICIES AND PROCEDURES FOR BLOCK PARTIES AND SIMILAR EVENTS WHEREAS, pursuant to I.C. §36-9-6-2 and I.C. §36-9-6-3, the City of South Bend, Indiana Board of Public Works ("Board") has authority over the use of public rights of way and is responsible for the supervision of streets, alleys and other property of the City; and WHEREAS, persons wishing to use and block vehicular access to the public right-of-way must obtain approval to do so from the Board; and WHEREAS the Board receives numerous requests for permission to use and block vehicular access to the public right-of-way for special activities such as block parties, hog roasts, neighborhood gatherings and similar events; and WHEREAS, the Board supports restricting access to portions of the City, if such event(s) are based upon the support of citizens residing in the neighborhood, or such event is for the benefit and participation of such residents; and WHEREAS, the Board, through its Resolution No. 10-1959 adopted orb March 6, 1989, as amended and restated through its Resolution No. 57-2008 adopted on ' , �` , has heretofore established certain policies and procedures related to such.events; and WHEREAS, the Board desires to further amend and to restate its policies and procedures. NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend that policies and procedures previously established through its Resolution No. 10-1989 shall be and hereby are amended and restated in its entirety as follows: I. The policies and procedures established by the Board in this Resolution shall be applicable to all such requests where there is a request for use of and/or the blockage of access to the public right-of-way for a block party. Any and all approvals granted by the Board for such events shall be subject to these policies_ 2. All requests for approval to use and/or block access to the public right-of-way shall be filed with. the Clerk of the Board of Public Works, 1316 County-City Building, 227 West Jefferson, South Bend, Indiana 46601 not less than four (4) weeks prior to the proposed date of the event, and shall be accompanied by a non-refundable application fee of $25.00 to cover the administrative cost of processing the permit. All requests shall be made in writing on a prescribed Application Form which may be amended from time-to- time, the current form of which is attached hereto and incorporated herein as Attachment "A". 3. The Board shall refef all such Applications for review and recommendation to the South Bend Police Department Traffic Bureau, the City's Bureau of Traffic and Lighting, the City Attorney's Office, Division of Engineering, and may refer the Application to various other entities as the Board, in its sole discretion,believes necessary. Such review and recommendation shall take into consideration the traffic controls, traffic safety equipment and materials to ensure safe conduct of the event. Each entity reviewing the Application shall submit its recommendation to the Board within five (5) business days of receiving the Application for review. 4. The Board may deny any Application if the Board, in its sole discretion, determines that the proposed event: (i) will constitute a public safety hazard; (ii) will conflict with any .other event within the City; (iii) is not an event which is consistent with the type of event described in this resolution; (iv) the event would interfere with normal City operations or services; or (v) upon receiving an unfavorable recommendation from any of the entities described in Paragraph 3, above. 5. The closing time for block parties approved by the Board shall be no Iater than 8:00 p.m. unless the Applicant presents evidence to the Board which the Board, in its sole discretion, believes is sufficient evidence to warrant the granting of a special exception to the 8:00 p.m. closing tune. b. If alcohol is to be served or sold at the event, the Applicant shall submit a Certified Check or Money Order in an amount stated on the Application and shall be required to provide the names and contact information for three (3) security guards employed by Applicant in order to monitor underage drinking. 7. All Applicants shall be required to comply with all rules and regulations stated on the Application, the related Permit/Agreement and Instructions, as each may be amended from time-to-time, including, but not limited to, compliance with the City's noise ordinance. 8. The Board may require the sponsor of any event for which approval is granted to provide a certificate of insurance evidencing personal property damage insurance and liability insurance in an amount determined by the Board. In all such requirements, the City shall be named on the certificate as a cc-insured, In addition, or alternatively, the Board may require that the sponsor indemnify and hold the City harmless from any and all damages, injuries, losses, claims or demands or costs which the City may suffer or incur as a result of any claims or actions arising out of the event. Applicant shall file the required certificate of insurance and/or indemnification agreement with its Application. 9. Nothing in this Resolution shall be construed to require approval by the Board, nor prevent the Board from imposing additional conditions or restrictions that the Board, in its sole discretion, deems necessary or desirable in carrying out the general intents and purposes of this Resolution. ADOPTED this � Y day of 2011. J CITY OF SOU'T'H BEND, INDIANA BOARD OF PUBLIC WORDS .'� _ Gary A. Gilot, President Carl ' Littrell, Member Dp'nald E. IAiks, Member , EST: nda M. Martin, Cl k �OUZ � APPLICATION FOR USE OF AND BLOCKING OF ACCESS TO PUBLIC RIGHT-OF-WAY FOR A BLOCK PARTY w a eE 'J ALL APPLICATIONS MUST BE RECEIVED BY THE BOARD OF PUBLIC WOK _is6s NO LATER THAN FOUR(4) WEEKS PRIOR TO THE DATE OF THE EVENT. THERE IS A NON-REFUNDABLE APPLICATION FEE OF$25.00 PAYABLE TO THE "CITY OF SOUTH BEND, INDIANA" TO COVER ADMINISTRATION COSTS FOR PROCESSING THE PERMIT. THE APPLICATION FEE MUST BE PAID AT THE TIME OF APPLICATION. Applicant Name: Address: City: State: zip Phone: Email: Date of Event 20 from a.m./p.M. to a.m./p.m. Name or Type of Event Approximate Number of Attendees Location from to Street Name Cross Street Cross Street Please answer the following: • This event will be open to residents outside the immediate ❑ Yes ❑ No neighborhood. • All residents on the affected block have been notified. ❑ Yes ❑ No • This event will have music (live or other). ❑ Yes ❑ No • Payment of$25.00 fee payable to City of South Bend,Indiana included ❑ Yes ❑ No IF ALCOHOL IS TO BE SERVED OR SOLD Alcoholic beverages will be served ❑ Alcoholic beverages will be sold ❑ Certified Check or Money Order for$40Q00 must be submitted with application ❑ • Application cannot be processed without deposit. • :Deposit will be returned upon inspection of event area by the Board of Public Works, Names and phone numbers of THREE security guards. ❑ • To monitor underage drinking. • Qualifications lnust be listed(c.g. Off-chn),police officer,prgfessional security guard, or e>>ent APPLICANT}. A drawing must be submitted showing: ❑ • Fencing around sensing area. • Trash receptacle. o Ample trash receptacles must be provided to eitsitre proper disposal of refuse. Temporary liquor license ❑ • Call the Alcohol& Tobacco Commission at(317)232-2430,for more it farnuttion, • Application cannot he processed without a copy of this license, Board of Public Works 1316 County-City Building RETURN FORM T4: 227 West Jefferson Boulevard South Bend, IN 46601 Phone: (574)235-9251 Fax: (574)235-9171 J��A RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 700 WEST IRELAND ROAD, SOUTH BEND, IN 46614 WHEREAS, Indiana Code Section 36-7-4918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty(60)days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 700 West Ireland Road, South Bend, Indiana 46614 in order to permit the incidental sale of firearms as a part of Wal-Mart Supercenter retail store. SECTION II. hollowing a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION HL The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council �a p7 , r `L uncit 17920470 MAR 742,011 ND PEA Plan of Operation Proposed Sale of Firearms Wal-Mart Stores East, LP, 700 West Ireland Road, South Bend Introduction Wal-Mart Stores East, LP ("Wal-Mart") operates a Wal-Mart Supercenter on approximately 23 acres located at what is commonly addressed as 700 West Ireland Road, South Bend (the"Store"). The Store contains over 200,000 square feet of gross floor area, and sells a variety of hard and soft goods. One category of goods currently sold at the Store is sporting goods. Within this category, Wal-Mart sells a variety of goods related to camping, hunting and fishing. Wal-Mart desires to add an assortment of rifles and shotguns to this category of sporting goods available for sale at the Store. Wal-Mart is or will be selling similar goods in a number of stores in Indiana, as shown on Exhibit "A". The South Bend Zoning Ordinance requires that a special exception be obtained in order for a retail store to sell firearms. After discussing the proposal with two City Councilors, Wal-Mart has put together this "plan of operation", which shall be considered as a portion of its Special Exception Petition, in order to provide transparency as to its intentions and certainty in its operation with respect to the sale of firearms. Assortment/Location Wal-Mart shall limit sales of firearms to rifles and shotguns intended solely for hunting and target shooting. There shall be no sales of handguns or tactical guns at the Store. All firearms and ammunition shall be sold in the sporting goods department, and shall be kept in locked/secure display cases, with the exception of some shotgun shells that are typically used for clay target shooting. The initial location of such items is shown on the"plan o gram" attached hereto as Exhibit"B". Operations Wal-Mart has several policies to insure the safe sale of firearms. First, all persons desiring to purchase a firearm are subject to a background check, unless a specific state statute allows for an exemption for those individuals who carry a valid local concealed weapon permit, an "official duty" purchase or if an individual carries a valid federal firearm license. Only when the background check agency provides a "proceed" response may the sale take place. All sales will take place at the sporting goods counter (See Exhibit "B"), and a member of store management must escort the customer from the Store to the customer's vehicle. Conclusion Wal-Mart desires and intends to sell firearms and ammunition responsibly, in order to maintain a high degree of public safety. Because the City of South Bend, through its Zoning Ordinance, requires a special exception for such sales, it too places a premium on public safety. By submitting this Plan of Operation, Wal-Mart is providing assurances to both the Board of Zoning Appeals and the City Council that the requirements for granting a Special Exception will be met. 18403230 2 0 V VO AO CN n O W ? (0 — A AN W8 91--4[OW(,.) 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AN 4, Un N_ CI O CL (D Z 4 8b8L8b3 • w - 7r_Orr 831Nno ,9 z cn y Yo D* Of :-jx o7\ W 1 U)a no cn O v �� 07 (D z co _ o z c) o N lu 406 J D c can W CA) cn rn cn W c-) C _ n � n o n� U) q m n �o i'n 0 G, 0) m ' z to c7 -U , cn c� (DO tm tC - ' ® o � �� z � n cn - C/') W > m � ice , 00 C rn C rn U) � cn z cn z o M Cl 1 Un P • _ (/# -4 (,n F- -n M -rl f. z D C) c� T W z cp c ➢ U) C�TI U� N ----6'-0" M 54 S 6 U� 7'`6 ' ' CD 4 8 V 0 j BAIT COOLER Q0 C) �� J `I is � PETITION FOR SPECIAL EXCEPTION TO SOUTH BEND AREA BOARD OF ZONING APPEALS A. PETITIONER: Wal-Mart Stores East LP, a Delaware limited partnership 2001 SE 1 Oth Street Bentonville, Arkansas 72716 Attention: Amber Lee Williams (479) 204-2649 B. PROPERTY OWNER: Wal-Mart Real Estate Business Trust 2001 SE 10`b Street Bentonville,Arkansas 72716 C. PROPERTY ADDRESS: 700 West Ireland Road South Bend, Indiana 46614 D. STATEMENT OF SPECIAL EXCEPTION REQUEST The Petitioner currently operates a Wal-Mart Supereenter at the property address described above, selling a variety of goods and services, including sporting goods. The store contains over 200,000 square feet of gross area. The Petitioner is "re-introducing" the sale of firearms within its larger selection of sporting goods, and pursuant to Section 21-03.05(a)(2)(G) of the South Bend Zoning Ordinance, the sale of firearms falls under the classification of a "gun shop", thus requiring a Special Exception. E. STANDARDS FOR GRANTING A SPECIAL EXCEPTION The South Bend Zoning Ordinance provides that a Special Exception must meet four findings of fact. In addition to evidence that will be presented at the public hearing, the Petitioner proposes the following findings: (i) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare..... because the proposed sale of firearms will be incidental and located within nn existing retail store, sold as a park of a large assortment of sporting goods, and will be adequately secured at the point of sale. Thus, there will be no perceptible increase in traffic or risk that the sale of firearms will be an attractive nuisance. (ii) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein.._because the adjacent properties are commercially or industrially zoned and a variety of goods and services are provided inside the store today, such that there will be no difference in the day to day activities in the store, which, in turn, will not adversely affect the adjacent areas or associated property values. (iii) The proposed use will be consistent with character of the district in which it is located and the land uses authorized therein....because the firearm sales will be incidental to the existing operation of the store and will be part of a large assortment of goods permitted to be sold within the store or the district, including sporting goods, which is a permitted use. (iv) The proposed use is compatible with the recommendations of the South Bend Comprehensive Plan..,..because the firearm sales will be incidental and as part of a large assortment of goods sold within the store, all of which is consistent with the Comprehensive Plan designation as "Commercial". F. ATTORNEY FOR PETITIONER: Joseph D. Calderon Bose McKinney&Evans LLP 111 Monument Circle, Suite 2700 Indianapolis, IN 46204 (317) 684-5331 i calderon(abosel aw.com G. ZONING CLASSIFICATION OF PROPERTY: CB-Community Business District H. TOWNSHIP: Centre Respectfully Submitted, Jo ep rr deron At o e et itioner Wal-Mart Stores East, LP 17so262vf Plan of Operation Proposed Sale of Firearms Wal-Mart Stores East, LP, 700 West Ireland Road, South Bend Introduction Wal-Mart Stores East, LP ("Wal-Mart") operates a Wal-Mart Supercenter on approximately 23 acres located at what is commonly addressed as 700 West Ireland Road, South Bend (the"Store"). The Store contains over 200,000 square feet of gross floor area, and sells a variety of hard and soft goods. One category of goods currently sold at the Store-is sporting goods. Within this category, Wal-Mart sells a variety of goods related to camping, hunting and fishing. Wal-Mart desires to add an assortment of rifles and shotguns to this category of sporting goods available for sale at the Store. Wal-Mart is or will be selling similar goods in a number of stores in Indiana, as shown on Exhibit "A". The South Bend Zoning Ordinance requires that a special exception be obtained in order for a retail store to sell firearms. After discussing the proposal with two City Councilors, Wal-Mart has put together this "plan of operation", which shall be considered as a portion of its Special Exception Petition, in order to provide transparency as to its intentions and certainty in its operation with respect to the sale of firearms. Assortment/Location Wal-Mart shall limit sales of firearms to rifles and shotguns intended solely for hunting and target shooting. There shall be no sales of handguns or tactical guns at the Store. All firearms and ammunition shall be sold in the sporting goods department, and shall be kept in locked/secure display cases, with the exception of some shotgun shells that are typically used for clay target shooting. The initial location of such items is shown on the "plan o gram" attached hereto as Exhibit "B". Operations Wal-Mart has several policies to insure the safe sale of firearms. First, all persons char. ingy to pi rrl,aca a firearm are whient to a hackgrourid check, unless a specific state statute allows for an exemption for those individuals who carry a valid local concealed weapon permit, an "official duty" purchase or if an individual carries a valid federal firearm license. Only when the background check agency provides a "proceed" response may the sale take place. All sales will take place at the sporting goods .counter (See Exhibit "B"), and a member of store management must escort the customer from the Store to the customer's vehicle. Conclusion Wal-Mart desires and intends to sell firearms and ammunition responsibly, in order to maintain a high degree of public safety. Because the City of South Bend, through its Zoning Ordinance, requires a special exception for such sales, it too places a premium on public safety. 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Z 0 O 1m CL 4 c -q FT1 F-1 17 — o) M im 0) j = Lo > cn 01 O 6,_Q„ M , S O ,_4" 6VH 48V MML BAIT COOLER CD n Go 11T r �� Legal Description--Wal-Mart#3436, 700 West Ireland Road, South Bend, Indiana Lot "BB" in Erskine Commons Minor Subdivision, 3rd Replat, as per plat thereof, recorded as Document No. 0517251 in the Office of the Recorder of St. Joseph County, Indiana. 1292033v E AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 April 7, 2011 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Wal-Mart Stores East, LP ABZA 416/11 Dear Council Members: The above referenced petition of Wal-Mart Stores East, LP was legally advertised on March 24, 2011. The Area Board of Zoning Appeals gave it a public hearing on April 6, 2011, at which time the following action was taken: Upon a motion by Mr. VeIleman being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow for a gun shop and for the sale of firearms, on property located at 700 W. Ireland Road, 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 WAL-MART STORES EAST, LP SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE rNJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety,traffic, and parking regulations as to not being injurious to the public health,safety, morals,and general welfare ofthe community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance ofthe neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance,which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPRETIENSIVE,PL4N BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFOR.E'.the decision ofthe Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 6th Day of APRIL.,201 1. YES NO 0 MICHAEL URBANSKI ABSENT RANDALL MATTHYS JACK.YOUNG GERALD PHIPPS ROBERT HAWLEY JOE VELLEMAN 0 BRENDAN CRUMLISH AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd, Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 April 7, 2011 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Jeffrey Warren/Campeau Properties ABZA 4/6/11 Dear Council Members: The above referenced petition of Jeffrey Warren/Campeau Properties was legally advertised on March 20, 2011. The Area Board of Zoning Appeals gave it a public hearing on April 6, 2011, 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 to allow a two family dwelling in a"SF I"District, on property located at 1201 Campeau Street, is sent to the Common Council with an Unfavorable 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 WARRENS/CAMPEAU PROPERTIES SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF.ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not Being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4_ THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND C OMPREHENSIVE FLA N B E C A U S E: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: ECp ISlC7N IT IS THEREFORE.the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with an: UNFAVORABLE RECOMMENDATION ADOPTED this 6th Day of APRIL, 201 1. YES NO MICHAEL URBANSKI ABSENT RANDALL MATT14YS D JACK YOUNG D GERALD PHIPPS 0 ROBERT HAWLEY D JOE VELLEMAN BRENDAN CRUMLISH RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1201 Campeau WHEREAS,Indiana Code Section 36-7-4-918.6, requires the Common. Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation,pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,requesting that a Special Exception be granted for the property located at: 1201 Campeau in order to permit A Two Family Dwelling in a"SF2" district SECTION IL Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION HI. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council ed 'n Clerk's s IiAR 15 2D11 140T CITY CLF`4,. Jeffrey Warren Campeau Properties LLC. 2310 Foxdale Trail Long Beach, IN. 46360 (219) 861-7103 March 13, 2011 RE: SPECIAL EXCEPTION PETITION FOR 1201 CAMPEAU, SOUTH BEND 46617 Dear Sirs, We are seeking a Special Exception to allow a two family in a"SF2"District for the property rioted below: 1201 Campeau Street South Bend, IN. 46617 This property is located in Portage Township. Thank you for your consideration. Sincer Jeff arren Jeffrey Warren/Campeau Properties LLC. 2310 Foxdale Trail Long Beach, IN. 46360 (219) 861-7103 March 13,2011 RE: SPECIAL EXCEPTION PETITION FOR 1201 CAMPEAU, SOUTH BEND 46617 Dear Sirs, We are seeking a Special Exception to allow a two family in a"SF2"District for the property noted below: 1201 Campeau Street South Bend, IN. 46617 This property is located in Portage Township. The existing structure at present is boarded up with the front porch falling apart and covered with trash. The structure is also unsafe and not suitable for rehabbing. We believe that by removing the structure as we are requesting we are removing an eyesore and making things safer for the neighborhood, especially for the children playing across the street in Coquillard Park and Perly School. We believe that by investing in a new structure in it's place we are adding to the value in the neighborhood and showing that we believe in the future of this neighborhood. The structure will be designed following the Northeast Neighborhood Design Guidelines so it will fit nicely into it's existing surroundings and compliment any new construction proposed in the future. By building a duplex/single family we are adding to the various land uses which are recommended by both the City of South Bend Comprehensive PIan and the Northeast Neighborhood. Thank you for your consideration. Sincerely, Jeff Warren �1s Wv;7 - o z �o :o x dp of n� 1 • • e n©-1 S "1 018-5087- FIVE ✓ 3093 CORNERS LLC 814 Marietta St South Bend IN 46601 018-5087- SPAULDING 1140 E Corby 3094 EMILY M Blvd South Bend IN 46617 018-5087- BAKOS 3095 RICHARD C 25833 St Rd 2 South Bend IN 46619 018-5087- ROSS MELBA 3096 A 1148 Ecorby St South Bend IN 46617 r 018-5094- FIVE 3328 CORNERS LLC 814 Marietta St South Bend IN 46601 SOUTH BEND 018-5094- HOUSING 3329 AUTHORITY 501 S Scott St South Bend IN 46613 KUHARIC 018-5092- PAUL F & JILL 1201 E Corby 3259 E St South Bend IN 46617 CITY OF SOUTH BEND COMMUNITY & ECONOMIC 018-5092- DEVELOPMEN 1200 County 3245 T DEPT City Bldg South Bend IN 1 46601 018-5092- WILLIAMS 1929 N Eimer 13246 GILBERT St jSouth Bend JIN 4 6628 PARCELID NAME-1 MAILINGADD MAILINGCIT MAILINGSTA MAILINGZIP HOUSING / 018.5087- AUTHORITY 3103 SB 501 S Scott South Bend IN 46613 018-5087• THOTTICHIRA 50747 Regency 3104 JOSE Park Dr Granger IN 46630 018-5087- 1135 Campeau ✓� 3105 SCOTT GWEN St South Bend IN 46617 018-5087- AROUND THE 319 Lamonte ✓ 3106 CAMPUS LLC 1 Terrace South Bend IN 46616 018-5087- BATTIN 3107 STEVEN J 1141 Campeau South Bend IN 46617 018-5087- JMJFUTURES 3108 LLC 1145 Campeau South Bend IN 46617 SOUTH BEND COMMUNITY 018-5087- SCHOOL 215 SOUTH ST 3121 CORP JOSEPH ST South Bend IN 46601 018-5087- FIVE 3090 ICORNERS LLC 1814 Marietta South Bend IN 46601 1018-5487- FIVE 3091 CORNERS LLC 814 Marietta St South Bend IN 46601 / 018-5087- FIVE 3092 CORNERS LLC 814 Manetta St South Bend IN' 46601 018-5092- SMITH 1209 Campeau ./ 3247 DAYATRA R St South Bend IN 46617 018-5092- FOUR GRADS 3248 LLC PO Box 14152 Chicago IL 60614 CAMPEAU ✓ 018-5092- PROPERTIES 2310 Fox Dale 3249 LLC Trail Michioan City_ IN 46360 ai8-5as2- HAIRSTON 1221 Campeau 3250 ROSIE B St South Bend IN 46617 018-5092- 5'55710 Eberly 3251 BEEMER PAM Place Elkhart IN 46516 018-5092- LITTLE 1229 Campeau 3252 RONALD St South Bend IN 46617 KUHARIC PAUL & 018-5092- KIMMELL ANN 3264 MARIE 1526 E LaSalle South Bend IN 46617 018-5092- 23454 3269 MOLNAR JEFF ARDMORE TR South Bend IN 46628 018-5092- 23454 Ardmore 3271 MOLNAR JEFF Trail South Bend IN 46628 SOUTH BEND COMMUNITY 018-5087- SCHOOL 215 SOUTH ST 3122 CORP JOSEPH ST South Bend IN 46601 118-5192- 3233 1PRICENOLA __11202 Corby South Bend IN 46617 'i HOUSING 018-5092- AUTHORITY 3235 OF SO BEND 501 S Scott St South Bend IN 46613 018-5092- WEST 1220 E Corby 3236 GARNELL Blvd South Bend IN 46617 010-5092- TURNER 3237 LAVERNE R PMB 106 Chicago IL 60655 KENDALL WILLIE JR. 018-5092- AND GRACIE 1228 E Corby 3238 L. Blvd South Bend IN 46617 018-5092 JAMES JUDITH 3244 ANN 1236 E Corby BI South Bend IN 46617 KIMMELL ANN MARIE & 018-5092- KUHARIC 3267 PAUL TIC 1526 E Lasalle South Bend IN 46617 KUHARIC PAUL & 018-5092- KIMMELL ANN 3260 MARIE 1526 E LaSalle South Bend IN 46617 KUHARIC 018-5092- PAUL & JILL E 52762 3263 IKUHARIC I Brookdale Dr ISouth Bend JIN 46637 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601_ (574) 235-9554 FAx: (574) 235-5541 April 7, 2011 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception ABZA 4/6/11 Dear Council Members: The above referenced petition of Cosimo Bumbaca was legally advertised on March 25, 2011. The Area Board of Zoning Appeals gave it a public hearing on April 6, 2011, at which time the following action was taken: Upon a motion by Mr. Hawley being seconded by Mr. Young and unanimously carried, the petition for Special Exception for a two family dwelling in a"SF2" District, on property located at 1019 & 1023 Talbot Street is sent to the Common Council with an Unfavorable 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.Q. Building Commissioner CCB/cah BUMBACA SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals,and general welfare of the community. 2_ THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance ofthe neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN .BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREIYENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision ofthe Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with an: UNFAVORABLE RECOMMENDATION ADOPTED this 6th Day of APRIL, 2011. YES NO 0 MICHAEL URBANSKI ASSENT RANDALL MATTHYS M JACK YOUNG M GERALD PHIPPS D ROBERT HAWLEY 0 JOE VELLEMAN D BRENDAN CRUMLISH RESOLUTION NO, A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPELAS FOR THE PROPERTY LOCATED AT 1019 Talbot Avenue and 1023 Talbot Avenue South Bend IN 46617 WHEREAS, Indiana Code Section 36-7-4-918.6 requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5.-5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendations to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS,the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION 1. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1019 Talbot Avenue and 1023 Talbot Avenue South Bend IN 46617 In order to permit a special exception to a allow a two family dwelling in a SF2 District SECTION II. Following a representation by the Petitioner, and.after proper public bearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the office of the City Clerk. SECTION Ili. The Common Council of the City of South Bend, Indiana, hereby finds that: I. 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; and 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council I-I'H,ed in Irk 7 y t PRESENT u. NOT APPRO W Ci b PETITON FOR SPECIAL EXCEPTION Cosimo Bumbaca, 11788 Bluebell Circle, Granger, IN 46530, 574261-4695, individually and as manger of Maria B LLC, also of 11788 Bluebell Circle,Granger, IN 46530, petitions the Area Board of Zoning Appeals for a special exception to allow a two family dwelling in a SF2 District in Portage Township as he consolidates the following two properties owned in his name and the name of the limited liability company named above: 1019 Talbot Avenue 1023 Talbot Avenue South Bend IN 46617 South Bend IN 46617 each of which contains a separate dwelling but which dwellings will be joined as a result of this consolidation as shown on the site plan. Cosimo Bumbaca Date } I i F Frank J. Agostino, sc. Attorney for Petitioner 120 W. LaSalle Avenue, Suit e704 P.O. Box 1635 South Bend, IN 46634 574-288-3750 574-245-5972 (FAX) Frank_Agostino @msn.com PETITON FOR SPECIAL.EXCEPTION Cosimo Bumbaca, 11788 Bluebell Circle, Granger, IN 46530, 574-261-4695, individually and as manger of Maria B LLC, also of 11788 Bluebell Circle,Granger, IN 46530, petitions the Area Board of Zoning Appeals for a special exception to allow a two family dwelling in a SF2 District in Portage Township as he consolidates the following two properties owned in his name and the name of the limited liability company named above: 1019 Talbot Avenue 1023 Talbot Avenue South Bend IN 46617 South Bend IN 46617 each of which contains a separate dwelling but which dwellings will be joined as a result of this consolidation as shown on the site plan. Petitioner affirms and states 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; and 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Cosimo Bumbaca Data Frank J. Agostino, Esq. Attorney for Petitioner 120 W. LaSalle Avenue,Suit e704 P.O. Box 1635 South Bend, IN 46634 574288-3750 574-245-5972 (FAX) Frank_Agostino @msn.com 098-5095- 3346 G & M PROPERTIES 11797 Old Oak Drive Granger IN 46530 018-5095- 50500 Arrowwood 3355 PIENKOWSKI JAMES Court South Bend IN 46628 018-5095- 3364 BUMBACA COSIMO 11788 Bluebell Cir Granger IN 46530 018-5095- 3335 ECKER KENNETH & CAROL 50871 Ironwood Granger IN 46530 018-5095- 3376 BUMBACA COSIMO 11788 Bluebell Circle Granger IN 46530 018-5095- INNOVATION DEVELOPMENT Mount 3354 LLC 201 N Yates Ln Prospect IL 60056 018-5095- HOUSING AUTHORITY OF CITY 3353 OF S. B. 501 S Scott St South Bend IN 46613 018-5095- 3337 HOUSING AUTHORITY 501 S Scott St South Bend IN 46613 018-5095- 3362 MARIA B LLC 11788 Bluebell Circle Granger IN 46530 018-5095- OWSLEY ALFONSO R. AND 3360 CATHERINE G.MISC 1039 Talbot St South Bend fIN 46617 018-5095- 3372 STALLING SAM & CHERYL 1028 Talbot Ave South Bend IN 46617 018-5095- 3345 J CORP INC 1228 South Bend Ave South Bend IN 46617 018-5095- 3347 HILL BERTHA M. 1236 South Bend Av South Bend IN 46617 018-5102- CITY OF SOUTH BEND-DEPT OF 359301 PUBLIC PARKS 1400 County City Bldg South Bend IN 46601 3285 018-5093- 3288 NAVARRO GABRIEL 1318 Howard St South Bend IN 46617 018-5093- 3288 NAVARRO GABRIEL 1318 Howard St South Bend IN, 46617 018-5093- 3288 NAVARRO GABRIEL 11318 Howard St South Bend IN 46617 018-5095- 3344 J CORP INC 1224 South Bend Ave South Bend IN 46617 0'18-5095- 3357 1008 DULY LAND TRUST 115 S Lafayette South Bend IN 46601 018-5095- 3336 FIVE CORNERS LLC 814 Mar ceda South Bend IN 46601 018-5095- 3363 MARIA B LLC 11788 Bluebell Circle Granger IN 46530 018-5095- 3371 STALLING SAM & CHERYL 1028 Talbot Av South Bend IN 46617 018-5095- 3343 GRADY BARRY S. AND MABLE 3435 CREEKVIEW DR South Bend IN 46635 018-5095- DOUBLE DOMER PROPERTIES 3367 LLC 812 W 15th Place Chicago IL 60608 078-5095- 3379 KELLEY JOHN H AND MARY E 1004 TL,"".St South Bend IN 46617 018-5095- 3366 HILL ALFONZO AND LILLIE J 110 15 Talbot Av South Bend IN 46617 018-5095- 3374 HUNT GERALD P 10330 Brummit Rd Granger IN 46530 018-5095- 3361 1 HOUSING AUTHORITY 501 S Scott St South Bend IN 46613 018-5095- 3373 ITHAUMATURGUS INC %The Omega Group South Bend IIN 46614 018-5095- 3380 WARREN SYLVIA M 1323 Howard St South Bend IN 46617 018-5102- 3590 HUIZAR LINO & MARiCRUZ 1333 Howard St South Bend IN 46617 078-5095- 3378 COVINGTON PRINCE & LETA 5124 W Colfax Av South Bend IN 46619 018-5095- 2512 Lincolnway West 3356 SMART GUYS LLC Ste 1 Mishawaka IN 46544 018-5093- 3284 ROZ LLC 309 S Logan St South Bend IN 46615 018-5093- 3286 WRIGHT JACQUELYN 1310 E Howard St South Bend IN 46615 018-5092- LIGHT OF THE WORLD 3272 SPIRITUAL CHURCH 1224 E Howard St South Bend IN 46617 018-5092- 3275 5 CORNERS,LLC 814 MARIETTA ST South Bend IN 46601 018-5092- 327801 CHISM BETTY P 0 Box 6631 South Bend IN 46660 018-5092- 3279 NABAA JULIA B 1246 Howard St South Bend IN 46617 018-5092- 3281 ROZ LLC 309 Logan South Bend IN 46615 018-5095- 7855 Gi >s Point Rd 3358 RAYBEE SOUTH BEND LLC-1 Unit F Skokie IL 60077 MAHO VENTURES LLC UND 99% INT& RONALD KYLE BOCINSKY UND 1% fNT TIC 018-5095- BETWEEN THE RESPECTIVE 3368 UND INT 701 Plantation Cove Woodstock GA 30188 018-5095- 338002 WARREN SYLVIA M 1323 Howard St South Bend IN 46617 018-5095- 3359 WHEELER FRANCINE 1247 Howard St South Bend IN 46617 MC DANIEL JAMES, MARTIN BRUCE MCDANIEL, THOMAS 018-5095- MCDANIEL & RICHARD 3341 MCDANIEL ALL UND 114 INT 1227 E Howard St South Bend IN 46617 018-5095- 3365 HILL ALFONZO AND LILLIE J 1015 Talbot Av South Bend IN 46617 018-5095- REESE ETHEL MAE & HILL 3377 DORIS R 1008 TALBOT South Bend IN 46617 PARCELID NAME 1 MAILINGADD MAILINGCIT MAILING MAILING 018-5095- MATTHEWS JAMES R & MARIA 3369 E 1011 Cardinal Dr Zion IL 60099 018-5095- 3351 FIVE CORNERS, LLC 814 Marietta South Bend IN 46601 NORTHEAST NEIGHBORHOOD 018-5097- REVITALIZATION 3448 ORGANIZATION INC 803 LincoInway West South Bend IN 46616 NORTHEAST NEIGHBORHOOD 018-5097- REVITALIZATION 3449 ORGANIZATION INC 803 Lincolnway West South Bend IN 46616 018-5095- FEDERAL NATIONAL 14221 Dallas Pkwy ste 3370 MORTGAGE ASSOCIATION 1000 Dallas TX 75254 018-5095- 3348 OWENS DELL 1215 South Bend Ave ISouth Bend IN 46617 SCOTT JOSEPHINE & LIGON 018-5102- ERNESTINE W/JOSEPHINE RES 3582 LIFE EST 1306 South Bend Av South Bend IN 46617 018-5095- 3349 HOMEWORKS HOLDINGS LLC 2913 Mishawaka Ave Mishawaka IN 46545 ROWELL ALEXANDER & 018.5095- DARRELL&CHESTER ALL 3350 BROTHERS 1248 South Bend AVE South Bend IN 46617 018-5095- 3352 BLUE & GOLD HOMES LLC PO Box 6462 South Bend IN 46660 018-5102- 1302 South Bend 3581 ALBERGO PATRICK F Avenue South Bend IN 46617 018-5095- 3342 FIVE CORNERS LLC 814 Marietta St South Bend IN 1 46601 �.� josEpgy a o ;._.. _ lF -S CL gg N U�do �N'q € a z 2 0 zr C � We D x°a O N O I g !7 n q � G � M i',•� � � M p YY�V T O G Z't A m � m rHS '�5 h IE� I II iE• .y { �.^ n �V• � ;o' Se � � SLBE. a A o � Bey m �18L ao " any and s s �3' o d � � I iil,ll I iii�� III 'I III m m 0, m O JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W JEFFERSON BLVD. ROAM 1 140 COUNTY--CITY BLDG. SOUTH SEND.INDIANA 46601 (574) 235-9571 April 20,2011 .n_..,. ... ,._,... .. . The Honorable Council of the City of '- South Bend ��� � � 2011 4th Floor,County-City Building South Bend, IN 46601 RE: A proposed ordinance of St. Joseph Regional:Medical Centeebi7:0n"e.froin..0 Office District&MU Mixed Use District to SF2 Single Family and Two Family District,property bounded by Notre Dame Avenue on the east, Cedar Street on the north, St. Louis Boulevard on the west, and LaSalle Avenue on the south, City of South Bend. -APC# 2586-11 Dear Council Members: I hereby Certify that the above referenced ordinance of St. Joseph Regional Medical Center was legally advertised on Thursday,April 7,2011 and that the Area Plan Commission at its public hearing on Tuesday, April 19, 2011 took the following action: Upon a motion by John DeLee, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance of St. Joseph Regional Medical Center to zone from O Office District&MU Mixed Use District to SF2 Single Family and Two Family District, property bounded by Notre Dame Avenue on the east,Cedar Street on the north, St. Louis Boulevard on the west, and LaSalle Avenue on the south,City of South Bend is sent to the Common Council with a favorable recommendation. The reuse of a recently abandoned regional medical facility for a parochial high school is compatible with the adjacent mixed uses and will be a positive investment in the neighborhood. 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. Ihn W. Byorni JWB jsc Attachment CC: St.Joseph Regional Medical Center Danch, Harner&Associates SERVING;ST.JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA&ROSELAND ' 'www.stjosephcrauntylntjiana.con3lAr•eaplan -Staff Report APC# 2586-11 Owner: St.Joseph Regional Medical Center Location: 400 Block of North Notre Dame Avenue Jurisdiction: City of South Bend Requested Action. The petitioner is requesting a zone change from O Office District & MU Mixed Use District to SF2 Single Family and Two Family District to allow a parochial high school. Land Uses and Zoning: On site: On site is vacant. The buildings of the former St. Joseph. Regional Medical Center were recently demolished. North: To the north are medical office buildings zoned O Office District. East: To the east are vacant properties and the Woman's Care Center all zoned MU Mixed Use District. South: To the south is a Family Dollar zoned MU Mixed Use District. To the south across LaSalle Street is a property management office and a vacant gift shop both zoned MU Mixed Use District. West: To the west are parking lots used by the former hospital, and a few single family homes zoned MU Mixed Use District. (District uses and development standards: The SF2 District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities(e.g.,public water,public sanitary sewer, storm sewer,natural gas, electricity, telephone,etc.)is required for development within this district. Site plan description: No site plan is required for a rezoning to a residential district. Zoning and land use history&trends: According to the 1966 aerial maps, the hospital and parking areas were primarily located within the northeast conger of the property while many single-family residential uses were apparent within the southern half of the property. St.Peter Street and Madison Avenue traversed the site at this time. In 1983, the St. Joseph Regional Medical Center rezoned the property to the B Residential and G Height& Area District to all allow for the expansion of the original hospital. This expansion was completed by1986 and included the razing of several of the original hospital structures and an expansion of the campus to the west and south. Several of the residential uses to the south were also razed and converted to parking areas for the hospital. Between 1986 and 1993,the campus completed its final expansion before its relocation. Traffic and transportation considerations: All the adjacent rights-of-way are two lane local streets. Per the 2035 MACOG Transportation Plan,there are no plans for any expansion(added travel lanes)to these streets. The nearest traffic counts were taken at St. Louis Boulevard north of Madison Avenue and at LaSalle Avenue east of St. Louis Boulevard and revealed counts of 2,537 AADT (1994) and 11,781 AADT (2010), respectively. Utilities: The site will continue to be serviced by City of South Bend sanitary sewer and water. #2586-11 Page I of 3 Additional information: (Agency comments) The Department of Community and Economic Development supports this rezoning petition. The County Surveyor had no comment,and the City Engineer had no objection. The Building Department informed the petitioner that several developmental variances and a special exception to allow for off-site parking will be required. These petitions are anticipated to be submitted to the Area Board of Zoning Appeal for consideration at their May 4th meeting. 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: CLtE Plan South Bend Indiana November 2006 Objective E 5: Coordinate the planning and development of educational facilities. Policy E 5.1:Establish and maintain a consistent planning,review,and development process with institutions of higher education,private schools,and the SBCSC to address existing and future school facilities. Policy E5.3:Partner with institutions of higher education,private schools,and the SBCSC to ensure wide public involvement in the development and expansion of educational facilities. This rezoning petition meets this educational objective and associated policies. Objective ED 1: Stimulate the rehabilitation and adaptive reuse of property in the city. Policy ED 1.2:Encourage reuse of abandoned and underutilized land and structures. This rezoning petition meets this economic development objective and policy. Land Use Plan: The future land use plan within City Plan identifies this site as mixed use. Plan implementation/Other Plans: Northeast Neighborhood Development Area Plan.November 2003. Section V. Sub-Area Strategies and Goals,D. St.Joseph Regional Medical Center Redevelopment Site. Redevelopment of this site was in response to the 2002 announcement that the hospital would be relocating. Although a specific use is not recommended within this plan, it states that any use should comply with the goals and objectives of the plan. The proposed use meets the plan's objective of stimulating private sector investment within the neighborhood, including new construction, rehabilitation, and the reuse of vacant or underutilized land,buildings,and facilities. 2. Current conditions and character: The site is currently vacant. #2586-11 Page 2 of 3 3. Most desirable arse: The most desirable use of the property, as identified within City plan, is mixed use that is compatible within the context of the neighborhood. 4. Conservation of property values: The surrounding property- values should not be affected by the approval of rezoning since the proposed use is not a higher intensity use than its prior use as a regional medical facility. Furthermore, the redevelopment of this prior brownfield site is a positive investment within the neighborhood and may act as a further catalyst for additional investment. S. Responsible development and growth: It is responsible growth and development to allow for the redevelopment of an underutilized and vacant property for a private parochial high school. The proposed use is not incompatible with the mined uses located within the area. Recommendation: Based on information available prior to the public hearing, the staff recommends that this rezoning petition be sent to the Common Council with a favorable recommendation. Analysis: The reuse of a recently abandoned regional medical facility for a parochial high school is compatible with the adjacent mixed uses and will be a positive investment in the neighborhood. #2586.11 Page a of 3 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 400 BLOCK OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS LOCATED IN THE 400 BLOCK OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA AND IS PRESENTLY ZONED O OFFICE DISTRICT AND MU MIXED USE DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT TO ALLOW FOR A PAROCHIAL HIGH SCHOOL. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 9495-04, IS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BE AND THE SAME HEREBY IS AMENDED IN ORDER THAT THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: THAT A PART OF THE SOUTHEAST QUARTER OF SECTION 1, AND THE NORTHEAST QUARTER OF SECTION 12, ALL IN TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: LOT # 3 OF THE PLAT OF "ST. JOSEPH REGIONAL MEDICAL CENTER CEDAR STREET MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 1018519 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 14.47 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME HEREBY ESTABLISHED AS SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT. SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. MEMBER OF THE COMMON COUNCIL 2 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 X. MAYOR, CITY OF SOUTH BEND, INDIANA Filed in Clerk's Office MAR 2301 I st RFtlD;INS■p�`�`�1 JOHN VOORDE a;D g rd it !a D!;-Jv n.,4 i�-.a t AP?RCVD. REFERRED. PASSED