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HomeMy WebLinkAbout07-11-11 Council Agenda & Packet f AGENDA SOUTH BEND COMMON COUNCIL MONDAY, JULY 11, 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. 22-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED EAST OF AND ADJACENT TO 1710 SHERIDAN, COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA 29-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2014 S. MICHIGAN ST. , AND 2018 S. MICHIGAN ST. , COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA 40-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1, 200, 000 FOR CAPITAL INVESTMENT IN THE POTAWATOMI CONSERVATORY IN 2011 t 41-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1, 000, 000 FOR CAPITAL INVESTMENT IN THE MIRACLE PARK IN 2011 18-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO BUILDING FEES 8 . BILLS, THIRD READING TIME: BILL N0. 22-11 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED EAST OF AND ADJACENT TO 1710 SHERIDAN, COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA 29-11 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2014 S. MICHIGAN ST. , AND 2018 S. MICHIGAN ST. , COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA 40-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1, 200, 000 FOR CAPITAL INVESTMENT IN THE POTAWATOMI CONSERVATORY IN 2011 41-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1, 000, 000 FOR CAPITAL INVESTMENT IN THE MIRACLE PARK IN 2011 18-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO BUILDING FEES 9. RESOLUTIONS BILL NO. 11-44 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 1117-1119 W. WASHINGTON ST. 11-46 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4411 QUALITY DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR GVW REALTY, LLC 11-47 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE NEED FOR QUALITY ANIMAL CARE AND CONTROL SERVICES INCLUDING SPACE TO HOUSE AND CARE FOR SUCH ANIMALS AT A REASONABLE COST TO THE TAXPAYERS 10. BILLS, FIRST READING BILL NO. 42-11 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED BY PINE STREET, WESTERN AVENUE, LAUREL STREET, AND THE FIRST ALLEY NORTH OF WESTERN AVENUE, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA 43-11 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF ROSE ST. AND THREE ADJACENT ALLEYS P. 44-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1, 000, 000 IN INFRASTRUCTURE INVESTMENT OF ADDITIONAL STREET PAVING AND INSTALLATION OF A TRAFFIC SIGNAL REQUIRED FOR EFFICIENT TRAFFIC FLOW IN 2011 11 . UNFINISHED BUSINESS 12 . NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME: JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD_ ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND.INDIANA 46601 (574)235-9571 June 22,2011 The Honorable Council of the City of { z) South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of City of South Bend to zone from SF2 Single Family and Two Family District to LI Light Industrial District, property located 427 feet more or less, East of Sheridan Avenue, between Voorde Drive and Keller Street, City of South Bend-APC# 2591-11 Dear Council Members: I hereby Certify that the above referenced ordinance of City of South Bend was legally advertised on Thursday,.Tune 2, 2011 and that the Area Plan Commission at its public hearing on Tuesday, June 21, 2011 took the following action: Upon a motion by John DeLee, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance of City of South Bend to zone from SF2 Single Family and Two Family District to LI Light Industrial District,property located 427 feet more or less, East of Sheridan Avenue, between Voorde Drive and Keller Street, City of South Bend is sent to the Common Council with a favorable recommendation. The expansion of this established business is compatible with the adjacent mix of land uses. The new truck parking and loading facility will be adequately buffered from neighboring non-industrial uses. 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, GU��� ohn W. ByornJ s JWB jsc Attachment CC: City of South Bend Hoosier Tank Fisher Land Surveying SERVING.ST:JOSEPH COUNTY,SOUTH BEND,LAKEVJLLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA&ROSELAND vvww,stiosepheountyindiana.com/Areaplan Staff Report APC# 2591-11 Owner: City of South Bend Location: 427 feet more or less, East of Sheridan Avenue, between Voorde Drive and Keller Street. Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF2.Single Family and Two Family District.to LI Light Industrial District to allow Truck parking and loading for the building on properly west of subject property. Laud Uses and Zoning: On site: On site is vacant land. North: To the north is Kootz-Wagner Electric and Fortis Plastics zoned LI Light Industrial District. East: To the east is Voorde Park zoned SF2 Single Family and Two Family District. South: To the south are single family homes zoned SF2 Single Family and Two Family District. West: To the west is Hoosier Tank zoned Ll Light Industrial District, District uses and development standards: The LI Light Industrial District is established to provide for development of office/warehouse, warehouse/distribution, wholesale,assembly and manufacturing or processing facilities which are clean, quiet, free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Permitted uses mi this district tend to generate heavy traffic, require extensive community facilities,and may require limited amounts of outdoor storage. The LI District is also intended to function as a transitional district between the more intense general industrial districts and other less intense districts. Site plan description: The area to be rezoned is approximately 1.9 acres. The site plan shows this area as truck parking and loading and an additional 9 parking spaces for the adjacent Hoosier Tank facility. Approximately 14,230 square feet is new pavement, The remainder is open space. Access will be from Voorde Drive. A building addition is shown on the property to the west that will connect the existing building to the new truck parking. Variances for setbacks and landscaping will be heard at the July 6 Area Board of Zoning Appeals meeting. Zoning and land use history&trends: Hoosier Tank is in a facility that has seen several addition over the past several decades. The building, at its current size, has been on the site since at least 1993. The current business has operated at this site since 2004. Traffic and transportation considerations: Voorde Drive, Sheridan Street,and Keller Street are two lanes. City of South Bend #2591-11 Page 1 of 2 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plate: Policy Plan: Ciiy Plan South Bend Comprehensive Plan,November 2006 Policy LU 6.2 Provide incentives for development utilizing existing infrastructure inside the city limits. Objective ED 2: Retain existing businesses and recruit new ones to the city. This rezoning meets these objectives. Land Use Plan: The future land use map shows this property as parks and open space. The property to the west is shown as light industrial. Plan Implementation/Other Plans: .South Bend Re Tonal Ai St Joseph County Abort Au&odZ Ai Mort La out Plan Update;20:14 This property is not included in any airport expansion plans or flight approaches. 2. Current conditions aced character: This site is located just to the southeast of the airport. Other large industrial businesses line Voorde Drive on the north.Voorde Park,adjacent and to the east, remains an active park. 3. Most desirable ease: The expansion of an existing business with the appropriate buffering to the adjacent residential. and recreational uses is a desirable use of this property. 4. Conservation of property values: The expansion of the business to the west should not affect property values. S. Responsible development and growth: It is responsible development and growth to accommodate the expansion of an existing business. Recommendation: Based on information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation. Analysis: The expansion of this established business is compatible with the adjacent mix of land uses. The new truck .parking and loading facility will be adequately buffered from neighboring non- industrial uses. City of South Bend #2591-I1 Page 2 of 2 t� ..+ R�':3f }`..v. �.T. ......0--.rtsr�i4�..s rte.1 h.Po Y.,...:.nM.NG�.a:;�-�Yf. 'F fi^.,f.^�-��Y�����L�iCh�s�_F_k:✓5��i.a....:f ��a��� .�YRp'^� � �x� � .`M� 1 j 4,f, �.5 yyyy VOt31'de y t SS` V Y p �- W r �Cel1�r } s0UTH H 4 a C C. s r = C f Lt! qq 5 y SF$ Sfl BL1��i�1 � SF2 SING.LE FAMILY a TWO FAMILY DISTRICT to ,`hill UGHT Ili DU TRI L DrSTRICT .Foniln g N SOUTH BEND "SF1" SINGLE FAMILY&TM FAMILY DISTRICT ' ! SOUTH BEND "SF2" SINGLE FAMILY&TWO FAMILY DISTRICT `Y SOUTH BEND "MU" MIXED USE DISTRICT inch _ feet _ SOUTH BEND "Li" LI GHT IND(JSTRIAL DISTRICT SOUTH BEND "GI" GENERAL INDUSTRIAL DISTMCT A.PCffLL 2591 -11 ORDINANCE NO, AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED EAST OF AND ADJACENT TO 1710 SHERIDAN, COUNCILMANIC DISTRICT 1, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The property is currently zoned "SF-2" Single Family and Two Family District and will be changed to "Ll" Light Industrial District in order to cbnstruct a truck parking and loading area for the business located to the West of the subject parcel. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot No. 1, Voorde Park Minor Subdivision, Portage Township, City of South Bend, St. Joseph County, Indiana be and the same is hereby established as "Ll" Light Industrial District. SECTION li. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock M. City Clerk Approved and signed by me on the day of , 2 , at o'clock M. Mayor, City of South Bend, Indiana F in Cle,q office �a sf READING l MAY - 4 2011 FUP.I.(C ;�ri �lG 3 rd REAUNIG JOHN VoOR - ,10T APPRO-W BNK,SOUTH BEND,!N C�' ': ;ACSFE3 ='r= Date Filed Application No. Date received by the Area flan Commission I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Address: 427 feet,more or less, East of Sheridan Avenue, between VOorde Drive and Keller Street 2) Name and address of property owners)of the petition site: Name: City of South Bend 227 West Jefferson Boulevard South Bend, Indiana 46601 (574)235-9261 3) Name and address of contingent purchaser(s),if applicable: Hoosier Tank 1 740 North Sheridan Avenue South Bend, Indiana 46628 4) It is desired and requested that this property be rezoned from "SF-2"Single and Two Farnil District to "LI"Li ht Industrial.District 5) This rezoning is requested to allow the following use(s): Truck parking and loading for building on property West of subject property 6) Attached is a copy of(a)legal description of the property; (b) seventeens (17)preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and(e)addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names,printed in 8%"x 11"format. r Edward M. Fisher Fisher Land Surveying Services Inc. PETITION PREPARED BY: CONTACT PERSON. Edward M. Fisher Bill Schalliol Fisher Land Surveying.Services Inc. Economic Development Planner 303 East Third Street Community and Economic Devel Mishawaka, Indiana 46544 South Bend, Indiana 46601 - (574)255-8377 (574)235-5842 Fil�ld In diOrk7S-Offl~ MAY 2O J I JOHN VOOR-DE CITY CLERK,SOUTH SE No,a,N JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY--CITY BLDG. SOUTH BEND.INDIANA 4660E (574) 235-9571 June 22, 2011 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Jin Dian Wang&Jin Li Zhang to zone from MU Mixed Use District to SF-2 Single Family and Two Family District,property located at 2014 and 2018 S. Michigan Street, City of South Bend APC#2593-11 Dear Council Members: i hereby Certify that the above referenced ordinance of Jin Dian Wang&Jin Li Zhang was legally advertised on Thursday, June 9, 2011 and that the Area Plan Commission at its public hearing on Tuesday, June 21, 2011 took the following action: Upon a motion by John DeLee, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance of Jin Dian Wang&Jin Li Zhang to zone from MU Mixed Use District to SF-2 Single Family and Two Family District, property located at 2014 and 2018 S. Michigan Street, City of South Bend is sent to the Common Council with a favorable recommendation. This rezoning will allow two existing structures to be used as single-family residences. Residential use of the parcels is compatible with the adjacent mixed land uses along this part of Michigan Street. 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 m� , an`W. B y orm . JWB jsc Attachment CC: Jin Dian Wang&Jin Li Zhang Kevin Wang SERVING:Si:JOSEPH COUNTY,SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA& ROSELAND www.stjosephcountyindiana.com/Areaplan Staff Report APC# 2593-11 Owner; Jin Dian Wang&Jin Li Zhang Location: 2014 and 2018 S. Michigan Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change,from MU Mixed Use District to SF-2 Single Family and Two Family District to allow single family housing. Land Uses amid Zoning: On site: On site are two single family homes. North: To the north is Young's Tax Service zoned MU Mixed-Use District. East: To the east are single family homes zoned SF2 Single Family and Two Family District. South: To the south is a single family home zoned MU Mixed Use District and across Donald Street is OctaPharma Plasma zoned LB Local Business District. West: To the west across Michigan Street are two fast food restaurants zoned CB Community Business District. District uses and development standards: The SF2 District is established to protect,prombte 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 Iimited 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 rezoning to the SF2 Single Family& Two Family District. Zoning and land use history& trends: Prior to the update of the City Zoning ordinance, the property was zoned "C" Commercial, "E" Height & Area. The current zoning map, adopted in 2004, converted the zoning to the MU Mixed Use District. Historical aerials show that the existing structures have been located on these parcels since at least 1966. Traffic and transportation considerations: Michigan'Street is a three lane one-way street north and serves as a major access road from the south into downtown South Bend. Traffic counts taken along Michigim Streetapprc ximawly 500 feet south near Ewing Street and 1000 feet north near Dayton Street show counts of 13,704 AADT and 16,358 AADT, respectively. On street parking is provided along both sides of Michigan Street: Utilities: The parcels will continue to be served by municipal sanitary sewer and water. Additional information:(Agency comments) The City of South Bend Division of Engineering&Public Construction and the Building Department had no comments. Jin Dian Wang&Jin Li Zhang #2593-1I Page 1 of 2 The City of South Bend Department of Community and Economic Development is not opposed to the proposed rezoning. They further commented that there are currently no development Pressures in this part of the corridor and that the proposed zoning would be acceptable. 5 Criteria(per IC 35-7-4603): 1. Comprehensive Plan: Policy Plan: QLPMA Ci of South Bend Indiana Wovemh r 2006 : Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Objective H 1:Ensure that an adequate supply of housing is available to meet the needs,preferences, and financial capabilities of households now and in the future. This rezoning will meet both of these objectives. Land Use Plan: The Future Land Use Plan shows these parcels as mixed use. 2. Current conditions and character: The parcels are currently occupied by two structures,one of which was previously used as an office and the other as a grandfathered non-conforming single family residence. This rezoning is required because the northern structure has lost its grandfathered status. Uses.along Michigan Street vary greatly and include primarily fast food restaurants, office, and retail.-Kin conjunction with the uses, the zoning classifications also vary greatly and include CB Community Business,MU Mixed Use,GB General Business, and LB Local Business. 3. Most desirable use: The most desirable use of the property is any use permitted in the MU Mixed Used District or lesser intense use such as a single family residence. 4. Conservation of property values: _. ..... Surrounding°proPerty values should not be negatively affected since the proposed rezoning is to a less intense district. -Residential use of the property is compatible with the adjacent mixed uses along.;Michigaa Street. S. Responsible development and growth: The proposed use is responsible growth and development since it lies within► a mixed use area which includes restawnts,.:offces, and retail. This rezoning will allow the existing structures to be used as single-firmly residential for which the structures were ori&ally constructed. Recommendation:. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the City of South Bend Common Council with a favorable recommendation. Analysis: This rezoning 'will allow two existing structures to be used as single-family residences. Residential use of the parcels is compatible with the adjacent mixed land uses along this part of Michigan Street: An Dian Wang&din Li Zhang . #2593-11 Page 2 of 2 .r Bowman 5 a t BowmanCa �l 45 ro Donald ch 5 <' E V Donald ro Crt G° I ReZonaing. from "MUTT MIXED USE DISTRICT to T[SF2 SINGLE FAMILY & T O FAMILY DISTRICT Zoning !au SOUTH SEND "SF2"SINGLE FAMILYAND TWO FAMILYDISTRICT f - SOUTH BEND"MU-MIXED USE DISTRICT f . SOUTH BEND"LB"LOCAL BUSINESS DISTRICT SOUTH BEND "CB"COMMUNITY BUSINESS DISTRICT SOUTH BEND "GB"GENERAL BUSINESS DISTRICT inch = 10 ft r..., .�.-.°. SOUTH BEND 'V'LIGHT INDUSTRIAL DISTRICT � � �� SOUTH BEND "01"GE NERAL IND USTRI AL DI STRIC T ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2014 S. MICHIGAN ST., AND 2018 S. MICHIGAN ST., COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The property owners recently purchased the two single family dwellings without the knowledge that they were zoned as MU Mixed Use District. The two homes were originally constructed as single family dwellings and were apparently used for many years for the purpose. However, the house located at 2014 S. Michigan Street was used for a period of time by Thompson-Wiseman Insurance Agency. However, the house has not been used for a commercial business for more than ten years, and is currently a functional single'family dwelling. It is the intention of the property owners to occupy or rent both houses for the purpose for which they were originally constructed. It is requested that the properties be zoned of SF2- Single Family and Two Family District so the intended use can be conforming with the zoning. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot Number 57 as shown on the recorded plat of Bowman's 4th Addition to the City of South Bend, Indiana Lot Number 58 except 75 feet of the East End of said Lot as shown on the recorded plat of Bowman's 4th Addition to the City of South Bend, Indiana be and the same is hereby established as SF-2 Single Family and Two Family District.. SECTION Il. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council 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 at o'clock . M. ' Mayor, City of South Bend, Indiana Filed in OeWs Ufficp. I st READING S-L-3`1] MAY PUBLIC NEARING JOHN vosvop ; 3 rd €tEADiNG CRY CLERK,EGA!Fn OCW,IN NOT APPROVED REFERRED PASSED. Date Filed __ Application No. Date received by the Area Plan Commission We the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. I) The property sought to be rezoned is located at: 2014S.Michigan St. South Bend,IN 46613 2018 S.Michigan St. South Bend,IN 46613 2) Nance and address of property owner(s)of the petition site: Jin Dian Wang 1204 Rosernare Ct. Goshen,IN 46526 Jin Li Zhang 1204 Rosernare Ct. Goshen,IN 46526 3) Name and address of contingent purchaser(s), if applicable: 4) It is desired and requested that this property be rezoned from MU to SF-2 5) This rezoning is requested to allow the following use(s): Single Fancily Housing 6) Attached is a copy of(a)legal description of the property; (b)a statement of purpose and intent; (c)a list of names and addresses of all property owners and the tax-key numbers for all properties within 300 feet of the petition property; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property(e)a location map, if available,drawn to scale,which includes street names,printed in S%" x I I"format. Signature(s)of All Pr perry owner(s) N G� PETITION PREPARED BY: CONTACT PERSON: (If different) Kevin Wang 4502 S. Michigan St. South Bend,IN 46614 �r 4,• a y, ', . Wansta @gmail.corn �; -oil gOITTg t '�5 865 CITY OF SOUTH BEND STEPHEN J.LvEcKE,MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D.ZEN'TARA CONTROLLER June 24,2011 - � L Mr. Derek Dieter President, South Band Common Council 4e1 Floor, County City Building South Bend, IN 46601 re: Bill 39-11 Parks Property Capital Investment for Appropriation by the Common Council Dear President Dieter. Bill 39-11 was originally filed with the Common Council on June 22, 2011, Subsequent to the first filing, City Administration, upon further internal discussion, believes it may be more appropriate to separate the two (2) expenditure requests into standalone bills to enable Council to give adequate consideration to each request on an individual basis. It is therefore the request of City Administration, for Council to accept City recommendation to separate the line items as contained in Bill 39-11. City Administration would therefore withdraw Bill 39-11, and introduce two (2) new Bills, one (1) each for the project funding requests as originally contained in Bill 39-11. Therefore, City Administration hereby files the enclosed two(2) new spending bill ordinances as follows: 1) Bill requesting Council to approve and appropriate monies to complete the renovation and rehabilitation of the Potawatomi Conservatory amounting to $1,200,000, whereby, securing the facility as a cultural asset of the City of South bend. Funds will be used to affect required repair and maintenance, and upgrade to the existing structure. Monies to be appropriated from the County Option Income Tax Fund#404 and, 2) Bill requesting Council to approve and appropriate monies for the planning, property acquisition and infrastructure improvement for city investment in the Miracle Paris project amounting to $1,000,000. Monies to be appropriated from the Economic Development Income Tax f=und#408, Upon Council agreement to accept the City's recommendation for withdrawal of Bill 39-11 and introduction of two(2) replacement Bills, the City requests Council consideration for first read at the June 27, 2011 Council meeting; assigned Council committee meeting, 2'd read, 3"tl read and Council vote on July 11, 2011. County-City Building 227 West Jefferson Boulevard South Bend,Indiana 4660 1-1 830 Phone: 574/235-9216 Fax: 5741235-9928 TDD- 574/?,15..55K7 K1. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $ 1,200,000 FOR CAPITAL INVESTMENT IN THE POTAWATOMI CONSERVATORY IN 2011 STATEMENT OF PURPOSE AND INTENT A project pertaining to economic development, community development, and structural improvement has been identified of interest and benefit to the City of South Bend, This is the Potawatomi Conservatory renovation and rehabilitation. It is necessary to appropriate the funds to make this capital investment expenditure. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The sum of$1,200,000.00 is hereby appropriated and set aside within COIT Fund#404 for purposes of investment in the Potawatomi Conservatory. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: Member of the Common Council Sugl ad .�5 aioie iyilkpiu ean City Clerk op 0ity ftr public haft W4 coundenI ". 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. ' f� Mayor, City of South Ben t READING Ca-L? °( I fu1 40"fLLl- c)4�`teG_,Lr JBLIC HEAR05 *d READING I DT APPROVED FFRRED S 4 1{{11 ±.fie • �, rS65': CITY OF SOUTH BEND STEPHEN J.LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION& FINANCE GREGG D.Z ENTARA CONTROLLER June 24,2011 ] t ! Mr. Derek Dieter President, South Bend Common Council to 4 Floor, County-City Building South Bend, IN 46601 re: Bill 39-11 Parks Property Capital Investment for Appropriation by the Common Council Dear President Dieter: Bill 39-11 was originally filed with the Common Council on June 22, 2011. Subsequent to the first filing, City Administration, upon further internal discussion, believes it may be more appropriate to separate the two (2) expenditure requests into standalone bills to enable Council to give adequate consideration to each request on an individual basis. It is therefore the request of City Administration, for Council to accept City recommendation to separate the line items as contained in Bill 39-11. City Administration would therefore withdraw Bill 39-11, and introduce two (2) new Bills, one (1) each for the project funding requests as originally contained in Bill 39-11. Therefore, City Administration hereby files the enclosed two(2) new spending bill ordinances as follows: 1) Bill requesting Council to approve and appropriate monies to complete the renovation and rehabilitation of the Potawatomi Conservatory amounting to $1,200,Q00; whereby securing the facility as a cultural.asset of the City of South Bend. Funds will be used to affect required repair and maintenance, and upgrade to the existing structure. Monies to be appropriated from the County Option Income Tax Fund#404 and, 2) Bill requesting Council to approve and appropriate monies for the planning, property acquisition and infrastructure improvement for city investment in the Miracle Park project amounting to $1,004,000. Monies to be appropriated from the Economic Development Income Tax Fund#408. Upon Council agreement to accept the City's recommendation for withdrawal of Bill 39-11 and introduction of two(2) replacement Bills, the City requests Council consideration for first read at the June 27, 2011 Council meeting; assigned Council committee meeting, 2"d read, 3rd read and Council vote on July 11, 2011. County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830 Phone:574/235-9216 Fax: 574)235-9928 TDD:5741235-5567 IQ Mayor L uecke will present the two (2) gills to the Common. Council at the appropriate Council Committee meeting, public hearing and at the Council meeting. City Administration is available to discuss any matters concerning these Bills at the convenience of the Council. Regards, Gregg D. i "' ra cc: Stephen J. L,uecke, Mayor of the City.of South Bend Phil St. Clair, Director Parks& Recreation Filed In Clerk's OffiCt JUN 2 7 2091 JOHN V00FI6E L.FITY CLERK,SOI,!'t`N 89ND,IN i ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $ 1,000,000 FOR CAPITAL INVESTMENT IN THE MIRACLE PARK IN 2011 STATEMENT OF PURPOSE AND INTENT A project pertaining to economic development, community development, and structural improvement has been identified of interest and benefit to the City of South Bend. This is the Miracle Park planning, property, acquisition and infrastructure improvements. It is necessary to appropriate the funds to make this capital investment expenditure. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section 1. The sum of$1,000,000.00 is hereby appropriated and set aside within EDIT Fund#408 for purposes of investment in Miracle Park. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: Member of the Common Coun it onkig of Ns bi i is Oiwy to pfavwe an oppmw for pc hNft OW City Clerk cmd an ft WA 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 da y of o'clock , M. 2_____, at READING �' `S "`�``'" S Mayor, City of South Be 1.lC FIEA:iNG rllel�. .c r ���;? REAMING i APPRO-VO. R{1 ., � # R P ED 4 ST. JOSEPH COUNTY/SOUTH BEND c�0UT88 BUILDING DEPARTMENT O4 \i lil�'/ Q r ch 125 S. LAFAYET'rE BLVD. U SUITE 100 W \\\ ACE�j 0 0� SOUTH BEND, IN 46601 "P, "­I (574) 235-9554 TDD 574-235-5567 y 1865 FAx 574-235-5541 JAMES D.MARKLE,R.A. CHARLES C.BULOT MARKA.LYONS Design/Plan Review Specialist BUILDING COMMISSIONER Asst.Zoning Administrator March 34, 2011 A The Honorable Derek Dieter South Bend Common Council 455 County-City Building South Bend, IN 46601 RE: Intent of Filing for Permit Fee Changes Chapter 6, Building, of the South Bend Municipal Code Dear Mr. Dieter: On December 31, 1991, the City of South Bend and the County of St. Joseph entered into an agreement to merge their building departments; and further create the "Consolidated Building Board." In 1993, by Ordinance No. 8412-93, subsection 1, the Board created the Building Department as an Enterprise Fund. It has been determined that in order to adequately maintain the Enterprise fund, a fee increase is needed as set forth in this ordinance. The purpose of this proposal is to aid in meeting direct costs that have consistently increased since the last adjustment. Further, the method used in figuring the fees is changing to better reflect the particular demands of more complex inspections and to charge proportionately. All fee increases are based on the ICC Building Valuation table for nation-wide square foot construction costs. Adjustments have been made to this table in order to simplify its use and better reflect the local building market. I intend to present these changes at,the next available scheduled Common Council meeting. Feel free to contact me if you have any questions. Sincerely, Filed in Clerk's tf a Charles C. Bulot, C.B.O., C.F.M Building Commissioner L.l�.�.{",, 4 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO BUILDING FEES STATEMENT OF PURPOSE AND INTENT On December 31, 1991, the City of South Bend and the County of St. Joseph entered into an agreement to merge their building departments; and further created the "consolidated Building Board". In 1993, by Ordinance No. 8412-93, Subsection 1, the Board created the Building Department as an enterprise fund. Section 6-4(f) of Chapter 6, Building, Article 1, General Provisions, requires periodic review of the permit fees charged by the Department, comparing the fees to those charged by other local governmental entities and comparing the total annual fees collected to the annual cost of operating the Department. This review revealed that the Department has been operating with a deficit in 2009 and 2010, leaving a cash reserve at the end of 2010 of$38,560. Therefore, it has been determined that in order to maintain the enterprise fund, a fee increase will be needed as set forth in this ordinance. Because the Building Department operates throughout St. Joseph County outside the boundaries of South Bend, it is appropriate that any fee increase be effective in the unincorporated portions of St. Joseph County. Accordingly, this Ordinance shall be effective upon passage of a substantially equivalent ordinance by the St. Joseph County Council. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 6, Article 1, Section 6-4 (b) of the South Bend Municipal Code be and hereby is amended to read in its entirety as follows: (b) Unless otherwise provided in the Building Code, the fees to be charged for the issuance of permits by the Department shall be paid at the time the permit is issued. (1) h issued Ar-new eenstruction and building idditions sha4l be based Residential; Ten cents ($0.10)Pef squafe footage r�lr-the first one htmdred th Ous—and- (100,000) ----Gemmefeiah Twelve eerAs ($0.12) per- square feetage for- the first one hundfed IVVL, dollars , 1 The fee for Dgrmits issued for residential and commercial new construction and building_additions_shall be based Won the following: a. Cost per S uare Foot CSF times the Total S uare Footage(TSF) times the Local Variable Factor(LVF)of$.00118. b. Cost per Square Foot (CSF) shall be determined by the International Code Council Building Valuation Table in effect in.Ianuary_„af each year, C. The cost per s ware foot(CSfI-by occul2ancy classifications shall be amended as follows: 1._.... H-4 d M shall have the same rate as roues F-l F-2, H-1, H-2, H-3;_.....,_��?:...,._ A-3. 2. Groups I-4 R-2 and R-4 shall have the same rate as I-1. 3. Groups S-1 S-2 and U shall have the same rate as R-3. d. Minimum Fee- $30.0 0 (2) Permits issued for all alterations, repairs, remodeling of existing structures over five hundred. dollars ($500.00), fence installations, in-ground pool installations, communication towers, and utilities shall be subject to the following fee schedule: Estimated Construction Costs..... .............................................................................Permit Fees $1.00 to 1,000.00.............................................................................209 30.00 1,001.00 to 2,000.00.........................................................................25:90 35.00 2,001.00 to 3,000.00................................................................................................30.00 40.00 3,001.00 to 4,000.00.................................................................................................335-.90 45.00 4,001.00 to 5,000.00.......... ...................................................................................40:99 50.00 5,001.00 to 6,000.00.................................................................................................45.00 55.00 6,001.00 to 7,000.00.................................................................................................50.00 60.00 7,001.00 to 8,000.00.................................................................................................55-00 65.00 8,001.00 to 9,000.00.................................................................................................68.99 70.00 9,001.00 to 10,000.00...............................................................................................65.90 75.00 10,001.00 to 11,000.00.............................................................................................70.00 80.00 11,001.00 to 12,000.00.............................................................................................7:80 85.00 12,001.00 to 13,000.00.............................................................................................58:00 90.00 13,001.00 to 14,000.00.............................................................................................55 89 95.00 14,001.00 to 15,000.00.............................................................................................90.0 100.00 15,001.00 to 16,000.00.............................................................................................9:00 105.00 16,001.00 to 17,000.00..................................................__...................................- X08 1 10.00 17,001.00 to 18,000.00............................................................................................105.00 115.00 18,001.00 to 19,000.00.......................................................4....................................W0.0 118.00 2 0 19,001.00 to 20,000.00............................................................................................1 l zi-00 121.00 20,001.00 to 21,000.00............................................................................................118.00 124.00 21,001.00 to 22,000A 0................................................ .1 80 127.00 22,001.00 to 23,000.00............................................................................................124.00 130.00 23,001.00 to 24,000.00............................................................................................42:00 133.00 24,001.00 to 25,000.00............................................................................................1-30-00 136.00 25,001.00 to 26,000.00............................................................................................1-3-3:00 139.00 26,001.00 to 27,000.00............................................................................................100 142.00 27,001.00 to 28,000.00.......................................d....................................................139.00 145.00 28,001.00 to 29,000.00............................................................................................14?00 148.00 29,001.00 to 30,000.00............................................................................................145-00 151.00 30,001.00 to 31,000.00............................................................................................4.48:90 154.00 31,001.00 to 32,000.00............................................................................................151.00 157.00 32,001.00 to 33,000.00.......................................... .............................................45:00 160.00 33,001.00 to 34,000.00........................................ . ................................................157.00 163.00 34,001.00 to 35,000.00.............................................................................................160.00 166.00 35,001.00 to 36,000.00............................................................................................16-3.00- 169.00 36,001.00 to 37,000.00........................................................................................... 466:00 172.00 37,001.00 to 38,000.00............................................................................................400- 175.00 38,001.00 to 39,000.00............................................................................................17?00 178.00 39,001.00 to 40,000.00............................................................................................1-75.00 181.00 40,001.00 to 41,000.00............................................................................................178.00 184.00 41,001.00 to 42,000.00............................................................................................481.0 187.00 42,001.00 to 43,000.00............................................................................................184.00 190.00 43,001.00 to 44,000.00............................................................................................1-8-7:99 193.00 44,001.00 to 45,000.00.............................................................................................190,00 196.00 45,001.00 to 46,000.00............................................................................................493 00 199.00 46,001.00 to 47,000,00............................................................................................196..00 202.00 47,001.00 to 48,000.00............................................................................................199.00 205.00 48,001.00 to 49,000.00............................................................................................202.00 208.00 .49,001.00 to 50,000.00............................................................................................x:09 211.00 50,001.00 to 51,000.00............................................................................................�00 214.00 51,001.00 to 52,000.00............................................................................................211.00 217.00 52,001.00 to 53,000.00............................................................................................214.00 220,00 53,001.00 to 54,000.00.1...................I..............I.......................................................217.00 223.00 54,001.00 to 55,000.00............................................................................................220.09 226.00 55,001.00 to 56,000.00............................................................................................22 .09 229.00 56,001.00 to 57,000.00.......................... ............................................................226.0 8 232.00 57,001.00 to 58,000.00............................................................................................23:09 235.00 58,001.00 to 59,000.00............................................................................................232.00 237.00 59,001.00 to 60,000.00.............. ..........................................................................235.0 239.00 60,001.00 to 61,000.00............................................................................................2 x.00 241.00 61,001.00 to 62,000.00............................................................................................2-39,00 243.00 62,001.00 to 63,000.00............................................................................................244 99 245.00 63,001.00 to 64,000.00............................................................................................243.00 247.00 64,001.00 to 65,000.00................................................... 65,001.00 to 66,000.00................................................. ..........................................243:09 249.00 .........................................247:80 251.00 66,001.00 to 67,000.00................................................................... ......243:00 253.00 .................. 67,001.00 to 68,000.00................................................................. ...........2-51-00 255.00 68,001.00 to 69,000.00................................................................................. 00 257.00 ...........� 69,001.00 to 70,000.00........................................................................... .2508 259.00 70,001.00 to 71,000.00............................................................................................2500 ............. 261.00 71,001.00 to 72,000.00............................................................................................259:00 263.00 72,001.00 to 73,000.00.................................................................................... .261.00 265.00 73,001.00 to 74,000.00.........................................................I...............I.... ..�09 267.00 74,001.00 to 75,000.00.......................................................................................... .2690 ........... 269.00 75,001,00 to 76,000.00............................................................................................ ......... ....... ...........2 :80 271.00 76,001.00 to 77,000.00............................................................................ .269.00 273.00 77,001.00 to 78,000.00............................................................................................2�1 09 275.00 78,001.00 to 79,000.00................................................................................... 200 277.00 79,001.00 to 80,000.00............................................. . ....... 80,001.00 to 81,000.00............................................................................................�00 279.00 81 001.00 to 82,000.00. .............. . ........""""""""""'••••277.00 281.00 82,001.00 to 83,000.00..................................................... . ....................................'" 283.00 83,001.00 to 84,000.00................................................ . .......................................2$3:80 285.00 84,001.00 to 85,000.00............................................ . ..........................................�0 287.00 85,001.00 to 86,000.00.......................................................'....................................2,830 289.00 86,001.00 to 87,000.00................................................... . .....................................�0 291.00 87,001.00 to 88,000.00................................................. . .......................................28�3:9A 293.00 88,001.00 to 89,000.00.............................................. ...........................................�00 295.00 89,001.00 to 90,000.00.............................................................:..............................'O� 297.00 90,001.00 to 91,000.40......................................................... . ..............................'°�9 299.00 91,001.00 to 92,000.00....................................................... ...................................2.97:-00 301 A0 92,001.00 to 93,000.00................................................ . ....................................., 239:-09 303.00 93,001.00 to 94,000.00........................,...................................., .............................�5-1-90 305.00 94,001.00 to 95,000.00......................................................... . . ............................305.00 307.00 95,001.00 to 96,000.00..................................................... . . .................................3&5:-80 309.00 96,001.00 to 97,000.00............................................................................................389:09 311.00 97,001.00 to 98,000.00............................................................... ... .......... .. ..........319-00 313.00 98,001.00 to 99,000.00............................................................ . . ...........................3`1-1-00 315.00 99,001.00 to 100,000.00............................... ................ .. . ..............................�0 317.00 100,000 and up......................................................................................... ............. 9 320.00 ...........3-1--5:A0 320.00 Plus,per thousand dollars ($1,000.00) of estimated construction cost thereafter, up to one million dollars ($1,000,000.00) total estimated construction cost ........................... .....873 0.90 Plus,per one thousand dollars ($1,000.00) of estimated construction costs thereafter ..0, 0.60 (3) Thirty dollars 30.00 for each re-inspection made by department inspectors of commercial and industrial projects. 4 {4} Sixty dollars($60.00) for each additional final inspection necessitated by the failure to pass the previous final inspection. (7) Sign Permits. Fees shall be charges-d for the issuance of permits for the installation or erection of freestanding signs; billboards, including outdoor and off-premises signs; facia signs; marquee or canopy signs and for lettering on buildings as follows: a. Under one (1) square foot or less of display area and embellishments: No fee b.One (1) square foot to twenty-five (25) square feet of display area and embellishments: Thirty dollars ($30.00) Fogy dollars (L40.00); c.Twenty-six (26) square feet to fifty (50) square feet of display area and embellishments: Fifty dollars ($50.00) Sixty dollars($60.00); d Fifty-one (51) square feet to one hundred (100) square feet of display area and embellishments: Seventy five dellaf-s ($75.00) Eighty-five dollars $85.00 ; e. In excess of one hundred (100) square feet of display area and embellishments: Ofte hundred dellafs ($100.00) One hundred twenty dollars ($120.00); f. Temporary signs: First thii y (30) days' pemit, Initial ermit, Thin -five dollars $35.00 ; each th' ,y9--a extension of a temporary permit, rent=+-ye ,ella s ($25 nn, Forty-five dollars ($45.00). (8) Wrecking and demolition permit fees shall be as follows: a. Residential: 1. $0.02 per square foot with a minimum fee of Thia dollars 30.00 . Tweay- five ..vaacu.,r (.y25.00)frva aeeessor-y building. 2. ThiFty five dollars ($3 5.00) pef house. b. Commercial: 1. $0.015 per s uare foot with a minimum fee of Foqy dollars ($40,00).Thirty five dollars ($35-00)per-story on building whieh have up te fauf thousand (4,0" -square feet jper-stor . 2. Fifty dollars ($50.00)per-stery en buildings "fiieh ha-,,e R)ur-theusand one (4,001)to ten thousand (10,000) square feet per- story. 3. Seventy five dollars ($75-00)pef stoizy en buildings whieh-have ten thousand one y (2,000) squafe feet pef4ffy. 4. One hundred dellafs ($i 00.00)per-stery on bui1dings-Whieh h&�,e oveF twenty five thousand a (9) Move any one-or two-story building over public streets or alleys: ($1-00 00) One hundred twen -five dollars 125.00 (10)Move any building greater than two (2) stories in height over public streets or alleys: One hundfed.fifty dollars ($150.00)One hundred seventy-five dollars ($175.00). (II)The fee for installation of a wood-burning stove shall be twenty dellar-s ($20.00) Thirty dollars ($30.00)per flue (including chimney and chimney connector). Section II. Chapter 6, Article 1, Section 6-4.1, subparts 1(c), (2)(a), 2(b), and (3)(a) of the South Bend Municipal Code be and hereby are amended to read as follows: 1) Board of Zoning Appeals: a. Appeals and Variances - $85.00 b. Special Exceptions - $300.00 c. Each variance filed simultaneously with another variance orspecial exception - $45.00 2) Improvement Location Permit: a. First Term: $20.00 $30.00 b. Renewal: $20.00 $45.00 3) Document Processing/Preparation Fees: a. Zoning Verification Only- $25.00 $30.0 0 b. All Other Documents - $50.00 Section III. Chapter 6, Article 1, Section 6-6.4(c) of the South Bend Municipal Code be and hereby is amended to read as follows: (c) All installations of wood burning stoves shall be inspected by the Department two (2) times, one (1) each for preliminary venting work and for final, completed installation. The permit holder shall notify the Department at least twenty-four (24) hours in advance of the time the work is ready for inspection. If the work does not pass inspection, a reinspection fee of thirty dollars $30.00 shall be charged for each future inspection of that stage of work, Section IV: Chapter 6, Article 1, Section 6-10, subparts (c) and (e) of the South Bend Municipal Code be and hereby are amended to read as follows: (c) Schedule ofpermit fees. Permits issued for plumbing work within the City shall be subject to the following fee schedule, with a minimum permit fee being . thirty dollars ($30.00). fD Each plumbing fixture or trap or set of fixtures on one trap, including water 6 and drainage piping therefore........................................................ 3:09 6.00 L23 Each backflow protection................................................... ..... x:80 6.00 Each building sewer: a. Under 100'.................................................................................... ............ 10.00 12.00 b. 100' or over................................................................................. ............ 20.00 25.00 Each building water: a. Under 100'..................................................................................... ................ .1-8:99 12.00 b. 100' or over................................................................................ . 20.00 . ................. 25.00 LQEach water softener......................................................................... . 6,00 Each trailer park sewer.............................................................. 7.00 Each drain within � 10.00 ........... building for rainwater systems................................................ S-.w 6.00 Each water heater and/or vent.......................................................... . 6:89 7.00 Each gas reconnection........................................................................................... 20.0 30 10 Each gas piping system, per outlet......................................................................... 2-00 .00 ............. 3.00 11 Each industrial waste pretreatment interception, including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps........... 7:00 8.00 LU2 Installation, alteration or repair of water piping and/or water treating equipment.. 3:99 6,00 13 Repair or alteration of drainage or vent piping....................................................... 6.00 Each drywell........................... ...................................................................... 10,00 12.00 .......... .............. 1 S Each lawn sprinkler system on any one (1)meter, including backflow protection devices thereof................................................................................... &.90 6.00 Fire protection sprinkler system: a. Up to 30 heads.................................................................................... .20:89 30.00 b. Plus each additional 10 heads thereafter 7, $.00 Gastanks and pumps...............................................................................................44).W 12.00 Back-up izenerator gas line a. 10 Kv or less. 30 b. Over IOKv........ 50.00 19 Each re-inspection..........................."""..........,........................................ 25-0030.00 fZO Each additional final inspection.......................................................................... 38:99 60.00 (e) All plumbing installations requiring a permit shall be inspected by the plumbing inspector three (3) times, once each for underground work, rough-enin work, and final completion. A complete line test shall also be supervised by the plumbing inspector. The plumbing permit holder shall notify the plumbing inspector at least twenty-four (24) hours in advance of the time the work is ready for inspection. If the work does not pass inspection, a reinspection fee of twenty five dellews thirty dollars $30.00 shall be charged for each future inspection of that stage of work. Section V. Chapter 6, Article 1, Section 6-24(c) of the South Bend Municipal Code be and hereby is amended to read as follows: (c)Fees. Each application for a permit for installation or alteration of electrical wiring or equipment shall be accompanied by fees in accordance with the schedule below; with a minimum permit fee of jhLrty dollars($30.00): (1) Temporary service for construction: Allamperage............................................................$ 7.00 (2)Switchboards and panel boards each, new and replaced: 60-amp......................................................................$ 7.00 100-amp.................................................................... 9.00 200-amp.................................................................... 12.00 400-amp.................................................................... 15.00 600-amp.................................................................... 20.00 Over 600-amp to 2,000 amp..................................... 25.00 Over2,000 amp.:...................................................... 50.00 (3) Circuits (new or replaced): a. Each circuit........................................................... 5.00 (4)Horsepower (machinery): a. First hp...................................................I..........."1 7.00 b. Each additional hp................................................ 0.25 (5)Back-up generator: a. 10 Kv or less. 30.00 b. Over 10 Kv. 50.00 (5)(6)Pool wiring andlor bonding..................................20.09 30.00 (6)(7)Repair, extension, andlor maintenance of wiring....,....20.00 30.00 (7)(8)Reset, relocation, reconnect fees, each........................... 20-40 30.00 (4)(9)Each re-inspection fee......................................................2-5:00 30.00 (9)- l0 Each additional final inspection......................................50.0 60.00 If the exact number of circuits or horsepower is unknown at the time of the application for a permit, a permit may be taken for the minimum amount known with new permits issued as the extent of the work is known. Section VI. Chapter 6, Article 1, Section 6-25(a) of the South Bend Municipal Code be and hereby is amended to read as follows: (a) All electrical wiring and equipment installations and alterations requiring a permit shall be inspected by the Electrical Inspector. The permit holder shall notify the Electrical Inspector at least twenty-four (24) hours in advance of the time the work is ready for inspection. If the work does not pass inspection, a reinspection fee of thirty dollars ($30.00) shall be charged for each future inspection of that stage of work. Section VII. Chapter 6, Article 1, Section 6-36.3(c) of the South Bend Municipal Code be and hereby is amended to read as follows: (c) Fees. Each application for a permit for installation of heating, ventilating, air conditioning, and refrigeration equipment or systems shall be accompanied by fees in accordance 8 with the schedule below, with a minimum permit fee being thirty dollars 30.00 . When the total capacity of any system in any single installation is provided by more than one (1) unit, the sum of the capacities of each unit and the total number of such units shall determine the fee. �} Space heaters, each 30,000 Btu input or more........................... ... 29:89-30.00 Q Warm-air furnaces, unit heaters, cabinet heaters, and radiant tube heaters: L. Up to 300,000 Btu..................................................... 20.00 30.00 b. 300,000 Btu input or more........................................................... 30.08 40.00 Oil and gas conversions: a. Up to 300,000 Btu input................................................ 20.00 30.00 IL. 300,000 Btu input or more............................................................ 39.08 40.00 Electric furnaces (air handling): A. Less than 100 kw input.................................................. 20.00 30.00 b. 100 kw input or more.................................................................... X90 40.00 LQ Air Conditioning: a. Central, electric: 1. Less than 5 tons..................................................... 20..09 30.00 2. 5 to 10 tons.................................................................................30.00 40.00 3. Over 10 tons...............................................................................550.00 60.00 b. Water chill ers..................................................................................x.0 85.00 c. EMI-air blower................................................................................24M 30.00 0 Ventilating and exhaust systems: a. Less than 500 CFM capacity.................................................588 6.00 b. 500 to 1,500 CFM capacity..................................................10.00 12.00 (Plus 1.00 for each 500 CFM or fraction thereof in excess of 1,500 CFM) (7} Ventilating commercial hoods• including make up air: a. 500 CFM to 1,500 CFM capacity.........................................39:90 60.00 b. Over 1,500 CFM capacity.................................................. 60.00 120.00 0 Refrigeration and engine-driven, gas-fired or oil-fired cooling equipment: a. 1 to 5 horsepower, each........................................................445M 17.00 b. 6 to 10 horsepower, each......................................................25.00 30.00 c. More than 10 horsepower, each............................................40.04 45.00 0 Rooftop combination furnace and air conditioning units, 60,000 to 300,000 Btu's, each: a. Up to 7 '/2 tons.................................................................... 4440 45.00 b. 7 %tons or more................................................................ 60:49 70.00 fUO Heat pumps: a. 1,000 to 60,000 Btu's input.................................... 20;00 30.00 b. 60,000 to 300,000 Btu's: 1. Up to 7 1/Z tons, each.................................................40.00 45.00 2. 7 %tons or more, each..............................................75.49 85.00 c. Earth, coupled water source...................................................50:80 60.00 11 Boilers, steam or hot water: a. Up to 300,000 Btu's............................................. 20:98 30.00 b. 300,000 Btu's or more..........................................................50.00 60.00 Through-wall combination air conditioning/heating and VAV boxes w/coil: a. First unit................................................................................20:98 30.00 LEach additional unit..............................................................49:90 12.00 c. Solar heat units................................................... 5. 0..00 60.00 .................. 13 Air handlers a. 400 CFM to 2,500 CFM........................................................25.00 30.00 b. Over 2,500 CFM....................................................................€9:00 70.00 14 Back-up enerators- as line: a. 10 Kv or less. 30.00 b. Over 10 Kv.......................... 50.00 15 Duct and register: a,_First 15 openings, per system................I.................... 30.00 b. Each opeiiiag opening thereafter, per s stem................................. 1.00 Gas reconnection, each................................................................ ........20.00 30.00 17 Gas piping(distribution of piping to equipment) to be included on permit application Each gas piping system, per outlet.......................................... 2-00 3.00 Woodburning stoves,per flue (including chimney and chimney connector)..................................................................... 20-0030.00 (19) Each reinspection fee............................................................................2508 30.00 (20) Each additional final inspection............................................................50:00 60.00 SECTION VIII, This Ordinance shall be in full force and effect from and after its adoption by the Common Council, approval by the Mayor, passage of a substantially equivalent ordinance by the St. Joseph County Council, and any publication required by law. Should the St. Joseph County Council fail to pass a substantially equivalent ordinance, this ordinance shall be of no force and effect. Attest: Member, South Bend Comm n Council City Clerk CDW �✓ :.Y,.�-�tt,a''.,,g€;,$nom.r �� �.j F2� Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. City.Clerk 10 Approved and signed by me on day of 2 o'clock , M. , at Mayor, city of south Bend, Indiana F Fit in s � ' PUBLIC ii 3rd F,r,:1, a NOT f. crry JC�Hht *,ys° .,...RK so CnYC REFFRRIED PASS4U; i 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 1117-1119 %W. Washington St. WHEREAS, Indiana Code Section 36-7-4-918.5,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 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: 1117- 1119 % W. Washington St. in order to permit To allow a duplex in a"SF2"District SECTION U.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 III. The Common Council of the City of South Bend, Indiana, hereby finds that: i. 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; 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 Filed in Clank's Uf'.; MAY Z011 CA F AR 50;t-� �'i1.t3z PROQVE(i CITY CLERK,SOUTH BEND,"I To Whom It May Concern: 05/03/2011 Seeking a Special Exception to allow a duplex in a"SF2"District and from the following variances: From the required 60' Frontage to 55.44 and from the required 60' lot width to 55.44 from the required 25' front yard setback to 13.4 from the required 6' side yard setbacks to 4.4' on the west line to 8' on the east line. Rachel L. Givens 2426 Kenwood Ave South Bend, IN. 46628 574-289-6174 Property Address: 1117-1119 %i Washington Street South Bend, M. 46628 Portage Township 1. The Proposed use will not in any way be injurious to the public because we keep our properties clean and drug free. We tell as well as enforce, to all our renters, that if there is any suspected drug or criminal activity that we will infonn and give the police permission to search the premises. That alone builds strong morals and a good police neighbor relationship. This in turn makes the community safer. 2. Said Property has been present for years with minimal to no up keep. We will perform all repairs and get it occupied. Said property is a duplex, therefore it will not affect the adjacent areas or the apartment complex within the next block; as a result the property value will increase. Also, we volunteer to have the triplex torn down. With this being done we lose financially but gain a more improved area. 3. The proposed use will be consistent with the character of the district. Just like the Heritage Foundation, we want to bring good quality living, at a reasonable price, to lower income families. Unlike other landlords we have a lot invested in this area,because we live in this community as well. 4. 1 agree with the city's Comprehensive Plan to not only bring the city back to where it was originally and to make it a better place to live. My mother and I are strong believers in this vision,my mother has lived in the same house for almost 40 years and has worked in her current position for over 30 years and has invested her hard earned money into this community. So,its not for the money, this is for the pride of the neighborhood. Thank you, Rachel L. Givens x SHEET I OF SURVEYOR LOCATION REPORT THIS REPORT IS DESIGNED FOR USE BY A TITLE INSURANCE COMPANY WITH RESIDENTIAL LOAN POLICIES, NO CORNER MARKERS WERE SET AND THE LOCATION DATA HEREIN IS BASED ON LIMITED ACCURACY MEASUREMENTS. THEREFORE, NO LIABILITY WILL BE ASSUMED FOR ANY USE OF THIS DATA FOR CONSTRUCTION OF NEW IMPROVEMENTS OR FENCES ON THIS LOCATION. IF A MORE ACCURATE OR DETAILED LAND SURVEY IS NECESSARY OR IF CORNER MONUMENTS ARE REQUIRED, AN INDIANA LAND TITLE SURVEY SHOULD BE ORDERED. PROPOSED BUYER: RACHEL L. GIVENS LEGAL DESCRIPTION: LOT 3 ROCKAFELLER'S FIRST ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. NOTE: DEED OR RECORD INST. #0708121 14' ALLEY COVERED 2ND FLOOR PORCH 55.44'(R) 6.4 4--^-- 36. i.7'± l p TWO r STORY i FRAME € 36.6' I I 1 I 1 I 4 1 { I 1 Do CONCRETE T SIDEWALKS co l I I 4.4' { rz I { 2.0' TWO °0 1 STORY FRAME, N n I 34.2' `O ! I 31.6' f I 13.4'± COVERED PORCH 55. ______________�— _-- 4'(F�) WASHINGTON STREET (82.5' R/W) I, THE UNDERSIGNED INDIANA REGISTERED LAND SURVEYOR. HEREBY CERTIFY TO THE PARTIES NAMED ABOVE THAT THE REAL ESTATE DESCRIBED HEREIN, WAS INSPECTED UNDER MY SUPERVISION `�I�►IIIHl111l1p7���' ON THE DATE INDICATED AND THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THIS REPORT RD !I/� OR A URVEYORnLOCA71ONR REPORT.CTHE ACCURgCYCO�ANY FLOOD HAZARD STATEMENT SHOWN�,,�P`����+1ST�"''�%����G ,•• rG R a RE RENCE ODO IN URANCE RATE MAP ALE UNCERTAINTY IN LOCAT1ON OR ELEVATION ON THE LS20500010 — '� STATE OF HA ZYCKI i�,,11 SU ,,� PROFESSIOSSIO SURVEYOR LAND RV$YOR N0. L520500010 I� �� Q STATE OF INDIANA 1►III1if1i11 CID PROPERTY 1197-1118 4 WASHINGTON STREET ABONMARCHE CONSULTANTS, INC. O ADDRESS: SOUTH BEND, IN g 75O Lincoln Way Eant Fort Wayne, Indlona PROPERTY LOT 3 South Bend, lndiono 46601 Benton Harbor, Michigan -� DESCRIPTION: ROCKAFELLER'S FIRST ADD. (574) 232-8700 Manistee, Michigan r6 FAX: (574) 251-4440 South Haven, Michigan j S PORTAGE TWP, ST. JOSEPH CO, IN ENGINEERING / LAND SURVEYING / PLANNING / C(INSTRVCTION SERWCLS N c� DRAWN BY: JLM DATE: 04/01/11 FB: HSE MISC VOL1 PG23 DESIGNATED FLOOD ZONE: 6 CHECKED BY: MJR SCALE: 1"=40' SEC. 11—T37N—R2E COMM. PANEL NO: LOT 3 ROCKAFELLER'S FIRST ADDITION PORTAGE TOWNSHIP, ST. JOSEPH CO, INDIANA 14' ALLEY 55.44'(R) COVERED 2ND FLOOR PORCH f o TWO STORY 1 FRAME N 3s.s' CONCRET SIDEWALKS LOT 4 LQT 3 LOT 2 b Q Q u0 07 i co co n v 4.4'* a r 2.01 TWO STORY S FRAME + � m fl� N P. 4 e F a - ------ _ ED PORCH w ADDRESS: 0 1117-1119 WASHINGTON STREET SOUTH BEND, IN WASHINGTON STREET DATE: 04/01/11 +& (82.5' R/W) SCALE: 1"=20' N I MAILI PARCELID NAME 1 MAILINGADD MAILINGCIT MA A AILI SOUTH BEND HERITAGE 018-1041-1803 FOUNDATION PROPERTIES LLC 803 LWW South Bend IN 46601 SOUTH BEND HERITAGE 018-1041-1804 FOUNDATION INC 803 Lincolnway West South Bend IN 46616 018-1041-1805 LRB HOLDINGS INC 106 N Buffalo St 0300 Warsaw IN 46580 018-3070-2723 SMITH JEFFREY&BRIDGET 1121 W Jefferson B South Bend IN 46601 PHILLIPS MARGARETTE ANN& / THOMPSON LENA L WILIFE C/ 018-3070-2724 ESTATE W/ROS&JT 1119 Jefferson South Bend IN 46601 018-3070-2725 LOPEZ SABRINA J 1117 W Jefferson South Bend IN 46601 018-3070-2726 ERIN REAL ESTATE INC 3019 S Michigan St South Bend IN 46614 018-3070-2727 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Ave South Bend IN ' 46601 V SOUTH BEND HERITAGE 018-3070-2720 FOUNDATION INC 803 Lincolnway West South Bend IN 4fi616 'V SOUTH BEND HERITAGE 018-3070-2721 FOUNDATION INC 803 Lincolnway West South Bend IN 46616 SOUTH BEND HERITAGE 018-3068-2605 FOUNDATION INC 803 Lincoln Way West South Bend IN 46616 ELLIS JERDA M AND ELLIS 018-1041-1780 MARCELLA JT W ROS 209 S Coquillard South Bend IN 46617 V P O Box 18931223 W 018-1040-1760 MUHAMMAD LOTS Western Av South Bend IN 46634 018-1041-1798 WALKER HATTIE MAE 1034 W Colfax South Bend IN 46616 018-1041-1799 WINSTON MURDELL 2828 Lincoln Evanston IL 60201 v 018-1041-1800 VARNEY KEVIN 206 S Barrett St Niles MI 49120 V 018-1040-1758 GLASS EVELYN 1102 W Colfax Av South Bend IN 46616 018-1040-1761 HOMEBUYERS LLC P O Box 2544 South Bend IN 46680 018-1040-176501 SHAMBRY CORNELIOUS 1207 W Washington St South Bend IN 1 46601 HOCKADAY JAMES S AND RUBY 018-1040-1765 D 1854 N Elmer St South Bend IN 4662B 018-1040-1766 IGOODLING WAYNE 11201 W Washington South Bend IN 46601 Y . 018-1040-1767 WIGFALL ADELINE 1131 W Washington, South Bend IN 46601 018-1040-1769 AMADOR ADRIANE M 1125 Washington 46619 018-1040.1771 GIVENS RACHEL L 2426 Kenwood Ave South Bend IN 46t14160 SOUTH BEND HERITAGE 018-1040-1772 FOUNDATION PROPERTIES LLC 803 LWW South Bend IN 46018-1040-1747 COMER ERIC J 58731 CR 13 South Elkhart IN 465 WALKER MOSES M AND LOIS V / 018-1040-1751 %BARNES CONNIE 1140 SORIN ST South Bend IN 46617 V CHURCH OF GOD HOLINESS ,. 1018-1040-1750 18-1040-1745 CHURCH 133 N Elm St South Bend IN 46616 V WALKER MOSES MCKINLEY AND LOIS V%LONNIE WALKER% CONNIE BARNES 1225 Woodfield Avenue South Bend IN 46615 CUNEGIN TITUS JAMES EDNA 018-1840-1753 CUNEGIN LIFE ESTATE 13711 Belle Vista South Send IN 46619 018-1040-1754 DUPRIEST HELEN K 1116 W Colfax Av South Bend IN 46616 V f VALLEY AMERICAN BANK& TRUST AS TRUSTEE LAND 018-1040-1755 TRUST LT-15 1114 W Colfax St South Bend IN 46601 018-1040-1759 DIXON EARNEST 1106 W Colfax Ave South Bend IN 46616 RICE NELLIE&DIXON EARNEST 018-1040-1756 AS JOINT TENANTS W/ROS 1106 W Colfax South Bend IN 46616 018-1040-1757 GLASS EVELYN 1182 W Colfax Av ' South Bend IN 46616 NTA PROPERTY MANAGEMENT 818-1041-1797 LLC 201 Conroy Rd Sterrett AL 35147 018-1041-1779 BLOUGH MIKE 417 First Si Goshen IN 46528 OZDYCH EMERY AND 018-1041-1796 HENRIETTA 1038 W.Colfax Ave. South Bend IN 46616 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX. (574) 235-5541 June 2,2011 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 Rachel Givens ABZA 6/l/11 Dear Council Members: The above referenced petition of Rachel Givens was legally advertised on May 20, 2011. The Area Board of Zoning Appeals gave it a public hearing on June 1, 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 duplex in a"SF2"District, on property located at 1117 & 1119 '/2 W. Washington Street, is sent to the Common Council with No 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, Mark A. Lyon Assistant Zoning Administrator MAL/cah GIVENS SPECIAL,,EXCEPTION PURSUANT 21-09.3(f)) 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: The evidence presented at the Area Board of Zoning Appeals meeting was in the Board's opinion conflicting and inconclusive. Therefore, the Board is of the opinion that the Council would be in a better position to hear further clarification and more evidence on this petition. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: 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: 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: NO RECOMMENDATION ADOPTED this 1 ST Day of JUNE,2011. YES NO 0 MICHAEL URBANSKI RANDALL MATTHYS 0 JACK YOUNG M GERALD PHIPPS ROBERT HA WLEY 0 JOE VELLEMAN 0 BRENDAN CRUMLISH MRS. HENRY: The representative for Ms. Givens is here now. RACHEL L. GIVENS R L The petition of Rachel L. Givens seeking a Special Exception to allow a duplex in a "SF2"Distri ct and for -the following variances: from the required 60' frontage to 55.44'; from the required 60' lot width to 55.44; from the required 25' front yard setback to 13.4' and from the required 6' side yard setback to 4.4' for an existing house, on property located at 1117-1119 % W. Washington Street, Portage Township. Zoned "SF'2". MR. BRIAN GIVENS: 2426 Kenwood Ave., South Bend, Indiana. The duplex has been there and we were planning on tearing down the tri-plex that is in the back. It's a duplex in the front and a tri-plex in the back. MR. URBANSKI: Mark this duplex has been a duplex for several years...? MR. LYONS: It had been a duplex at one time. It has been vacant for 12 consecutive months therefore losing their grandfathering which is why they're back in front of you today petitioning to re-institute the duplex use as a legal non-conforming use. MR. URBANSKI: And it's basically going to be less units on the property by them tearing down the units behind it? MR. LYONS: The units in the back they're going to be tearing down. I believe they are going to convert that into the parking area for the duplex. MR. PHIPPS: Mark is the building.that they're going to keep in good enough shape that it can be feasibly rehabilitated and used as a duplex and be an asset to the neighborhood or...? MR. LYONS: The building is capable to be rehabbed. It's not in great shape but it is not, I would not say it is structurally deficient to where it's a safety hazard. MR. URBANSKI: Any other questions or comments from Board or staff? MS. NAYDER: Our comments are that we are in favor of it. It's an existing situation. I did talk with this gentleman before when we trying to possibly save the building in the back and going through the differences of Special Exception versus re-zoning versus subdivisions etc. This is kind of what we ended on these 16 Area Board of Zoning Appeals—June 1, 2011 Special Exception and variances for just the one building was kind of the easiest or the least processes to go through to get to the final product. MR. PHIPPS: Christa in your comments did you say that there are other duplexes in the neighborhood? MS. NAYDER: There aren't other duplexes there, there is an apartment building a couple blocks to the east. MR. VELLEMAN: How long have you owned this property sir? MR. GIVENS: We owned it for about five years. We bought them all from this gentleman named Mr. Hughes. Me and my brothers have been working on them one at a time making our way because we got a package deal for eleven of them and we know we have to go this way down the street instead of'starting there so that's why we haven't got to it yet. MR. URBANSKI: It appears like you have been taking care of the outside of it. MR. GIVENS: Yes sir. We keep the grass cut. We get a notice or somebody throws some trash out there we go immediately and pick it up. IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE MR. URBANSKI: We do have two letters, one is from Charlotte Pfeifer, who is speaking now and I'll read the other one when she is done. MS. CHARLOTTE PFEIFER: I reside at 1013 W. Washington Street. I'm about 3 houses down from this property. You have my letter before you? MR. URBANSKI: Yes. MR. PFEIFER: The thing I wanted to I guess emphasize in addition to what I have in the Ietter is I think you all know that the Near Northwest Neighborhood Organization is one of the oldest neighborhood organizations in the City of South Bend. And we have a history of course of fighting for that neighborhood. Kind of restore it from drugs and other kinds of inappropriate behavior. We're trying to, we went through that whole neighborhood about 20 years ago because the zoning was all over the place. As you know it's and old residential, manufacturing, business district. And because of that if fell into disrespect and disrepair. There were businesses there. Some legal, some illegal. Properties there, some people took care of them some people didn't. The neighborhood organization, the West Washington, Chapin Neighborhood Organization came together and we went through each one of those properties to try and restore to single family. There was a time when I moved into that neighborhood, I've lived in that neighborhood for 41 years. I've lived in that particular property on west Washington Street for 17 years. When I first moved there people said "are you crazy, why would you want to live on west Washington Street?" After those of us in 17 Area Board of Zoning Appeals--June 1, 2011 5 the neighborhood have gotten together cleaned it up, built new places, torn ether places down, now people are proud to live on west Washington Street. The problem we have with this property in particular is that the present owners allowed it to stay vacant for over a year. And South Bend Heritage purchased it and then they redeemed it through the process. We don't have much home for people who allow property to sit vacant for more than a year. You know those are mini challenges all over the City of South Bend and our neighborhood in particular. We ask you to allow we the neighbors, those who live there and have our families to let us to have control of our own destiny. We work really hard. We cut our grass. We try and petition and bring other people in. We try to show properties. We don't see this use making this a duplex in keeping with what we want to do those of us who live there want to do with that neighborhood and we see it as a detriment. This land owner and we have lots of people that are renters who take good care of their property but I don't have tell you that anyone in your neighborhood where you to live that would allow property to sit vacant for a year is not the kind of property owner that you would want in your neighborhood and we don't want them in our neighborhood either. We ask you do allow us to be in control of our own destiny. The staff didn't talk to any of the people who live there as they gave their support. They certainly didn't talk to me and like I said I live just 3 houses away. We're fighting very hard for that neighborhood and we're asking you to support us. We live there and we want to die there. And we want the neighborhood to look good. The perception of the neighborhood, you know anything that goes wrong they say, "the west side, the west side"and we get hit with that all the time and there are people who are afraid to even come in our neighborhood and when they do come to our neighborhood and they see vacant property that re-enforces what the new media says. We live there, we love it and we know what's best for our neighborhood and we ask you to support us. MR. URBANSKI: Charlotte may I ask you a couple of questions? MS. PFEIFER: Sure. MR. URBANSKI: The young man who owns it says he purchased I l properties in the neighborhood. Do you see the reason why possibly this was done, that it sat vacant for 12 months? MS. PFEIFER No I don't. MR. URBANSKI: Have you, it sounds like the petitioner has other properties in the neighborhood. Have you been able or had a chance to look at them to see what kind of shape they're in after he has done renovation on them? MS. PFEIFER: No but I would love to have those properties so that I could look at them. I can tell you that the one we're talking about I go by it all the time because I see it... MR. URBANSKI: Yeah 3 doors away... MS. PFEIFER: And I don't think you would want it in your neighborhood. MR. URBANSKI: Okay, I was just curious if you had seen what he had redone on the other buildings? 18 Area Board of Zoning Appeals—June 1, 2011 MS. PFEIFER: No I don't know. But I can look at that one, the property in the back, the third property, caught on fire and has been sitting there burnt out all this time. A burned out property boarded up. And the one in particular does not look very attractive at all. And so I don't see why we should believe that a person that would neglect a property, lose it on a tax sale, why we would have any say that they're going to take care of it. And I think you know the article in the paper talked about all the beautiful homes that we have. We actually just sold a house a very nice house on the corner of Jefferson and Laurel. We're trying to get young people and maybe some people not quite so young to move in who want to be property owners you know and cut the grass and take care and be good neighbors. They have not been a good neighbor. And so anyone who is a good neighbor we support them. I think you all know that neighborhood. We've got apartments, we've got the group homes. We're not"not in our neighborhood type of people.- We want very simple things. We want to you to cut your grass, we want you to pick up the trash, we want you to act as if you had to live next door. "And I don't think that's asking too much and there's no reason for us to believe that a vacant property that would be lost to a tax sale that they now deserve the right to redeem it and then just kind of pick up where they left off. We have no reason to believe that they're going to do it. The other thing to is there are plenty of vacant houses in our neighborhood and you drive by them and you wouldn't know they were vacant. That's a house that's well taken care of This one if you drove by you know it's vacant. MR. PHIPPS: Ms. Pfeifer may I ask a question also? MS. PFEIFER: Yes. MR. PHIPPS: I think we'd all like to do what's best for the neighborhood but I'm just struggling to understand how refusing them permission to upgrade this and possibly letting it remain vacant would be a help to the neighbors. Are you assuming that South Bend Heritage or someone else would buy it and then re-hab it? MS. PFEIFER: Well I can give you a perfect example. Right next door, the house we're talking about, then there's a beautiful historic apartment house, it's beautiful and then right next to that is a vacant house and about two years ago South Bend Heritage in fact wanted to tear it down and make it a duplex and the neighborhood again said we would, it's a beautiful home actually and it has some artistic significance, we would rather see it sit vacant until there is someone who would come along and do what we want to do in the neighborhood rather than just kind of settle and let people do what they want. You know once you let someone have a property and you let them do what they want with it, it's hard to get rid of it. I'd refer you to Bull's Eye, I mean we could talk for a couple of hours about some of the problem properties in South Bend. Once you let an owner who does not have, who hasn't shown you. I don't know this individual so this is not personal, I mean I don't know him at all. All I can go by is what I see. And so if I see you not doing a good job, if I see you disrespecting the neighborhood, I don't have any reason to believe that now you're going to change your mind. We know that once a person does what they want to do then we're stuck. And we've been stuck too many times in that neighborhood. We the neighborhood organization have a real clear vision of what we want in our neighborhood and we would rather see it sit vacant until someone comes along and will run it and own it and take care of it the way we in the neighborhood take care of our properties rather than take a risk on someone who let a property go on the tax sale and didn't take care of it. 19 Area Board of Zoning Appeals–June 1, 2011 MR. HAWLEY: I'm struggling maybe with what Jerry is struggling with and that is if that house sits there vacant and it's a mess now and it's going to be a mess a year from now, it didn't accomplish anything. Maybe when we have an opportunity to speak to this gentleman again he can share with us, maybe it's resources, the money he needs to move from one house to another to improve it and I would like at some point to hear what he has in mind to improve this property so that it does meet what you find acceptable. MS. PFEIFER: Most of the time when people don't pay their taxes, I guess people don't pay their taxes for a variety of reasons, one of the reasons might be that they don't have the resources to pay their taxes. If you don't have resources to pay your taxes, I don't see how you have a resource to take care of your property. MR, HAWLEY: Valid point. MR. URBANSKI: Thank you ma'am. Anyone else wishing to speak in opposition to? MS. NOREEN MORAN: I live at 716 W. Colfax. I've lived in the neighborhood for 50 years. I won't repeat what Charlotte said but in precise answer to your question, someone did buy if from the tax sale with perfect ability to re-do it or something else. When that was done that was when the owner chose to redeem it on the tax sale. There's very mixed zoning extending from large houses, post second world war, but in 1991 the Board of Zoning Appeals went through all of the property areas and made it single family zoning except for the bigger apartment houses and so forth. That is almost, well it is twenty years ago. The current I've been informed by Code and zoning and even though it was built and I'm not sure that it was built as a duplex because the architecture does not support that, the doors do but it does not matter it reverts to the more conservative zoning when it's left open at that point. We have perhaps 60 to 70 per cent of multi family housing. South Bend Heritage's Washington PIace Apartments are there. We have no objections to that. They're kept up very well. They look like houses, they're there. There are the Washington/Colfax apartment. There are other large buildings. So it's not like we're taking to make this some suburban Granger situation. What we need is more places for single family housing, people to come in. They don't want to come in completely overpowered by the alternative situation. This property was not kept up. The roof in the front is coming apart from the main roof and so forth. The house that was burned. We would have not objections to the lot changes and so forth but it's not been taken care of and they only redeemed it because somebody else bought it so there is a purchaser. It's just that there's nothing about it. We don't need more duplexes which become rental, large rental units of people who are living in conditions that are not very good for them and the landlord does nothing about it. So this is not a way to clear away any kind of multi family housing. We have plenty of it. Like I said the majority structures are from the early 1900's. We like the fact that you would obey the current zoning laws that are setup which is that it reverts to conservative zoning and that a duplex does not get grandfathering if it's not grandfathered. Thank you. MR. URBANSKI: Just one quick question. Are you aware of any of the other house that have be revised, approximately 10 houses that Mr. Givens—? ? MS. MORAN: No I'm not but I would make the point that people who have a large numbers of houses, I would say and I'm president of the neighborhood organization, 100% of the time we do not see any improvement. What we see are people who come in and they put signs, "we buy cheap houses", "we buy this", the houses go, they're large groups. We have Paul Kusbach right now as a landlord doing that on west 20 Area Board of Zoning Appeals--June 1, 2011 Jefferson. His houses smell even. People come up and they won't even go in the door. The people who own that number of houses all the time never in the history of my 50 years have they done anything. Only large groups such as the development corporations do anything. The people who buy up properties like that are trying to get an income for themselves which would be fine. They do not do quality work. They do not follow code,they do not, they do not follow the permit situations. MR. URBANSKI: Thank you. We have a letter from South Bend Heritage Foundation. I'd like to read this. South Bend Heritage Foundation is a local community development corporation that has primarily served the Near Westside Neighborhood since 1974. In cooperation with the Near Westside Neighborhood Organization, South Bend Heritage Foundation has pursued the development and preservation of single family homes throughout the neighborhood. South Bend Heritage Foundation has also developed multi family housing, when and where appropriate, per the support of the Near Westside Neighborhood Organization. It is the understanding of South Bend Heritage Foundation that the Near Westside Neighborhood Organization is not supportive of the aforementioned Special Exception request at this time for various reasons. While South Bend Heritage Foundation recognizes and appreciates the intentions of the petitioner to rehabilitate the property for multi family use, South Bend Heritage Foundation respectfully endorses the position of the Near Westside Neighborhood Organization that the petition be denied. Mr. Givens would you like to come up and respond to the comments that were made? REBUTTAL: MR. GIVENS: 2426 Kenwood. That house I know for sure the one they're talking about on Washington used to be a crack house. Mr. Hughes was an older gentleman, which most of the homes that he owned were crack houses. Them guys would go in there and sell crack. He's older, he couldn't check on the-properties. If you go down Studebaker from the 400 block all the way down, new siding, new windows, new roofs, I do most of the work myself, me and my brothers. I went to carpentry school so it ain't shabby work. Please go down the street and look you will see the workmanship. All the houses we mostly done is rented out. We don't have vacant homes once I'm done with it. None of them are vacant so they ain't got nothing to worry about. As far as vacancies the Heritage Foundation is saying something about vacancy, the lot next to the property I've been cutting since we owned the house and that's Heritage Foundations lot. What are they doing with the old Hansel Center, that's vacant ain't nobody speaking on that but they speaking on our house. Another think is the Heritage Foundation offered us, I talked to them about selling the house because they, "okay you all can buy the house I ain't got no problem with that". My mother ain't got now problem with that. All we wanted was the money we got invested in it which was around thirty grand, to get back. They told us no. So Heritage Foundation, I'm kind of quivering because I'm kind of upset right now, excuse me, but Heritage Foundation offered us, they paid the taxes for 12,000 we turned around and paid the taxes but at the time while we wasn't working was we go off my income for doing side jobs and my mothers income, she works at AM General, she been living in this community for 30 some plus years and working at AM General. She had cast her foot for a minute she couldn't work so that's why production had stopped or went to a stand still. So please if you all want to, you all want to see the work, go to any house on Studebaker in the 400 block because we own like most our houses in that block, you'll see workmanship, new roofs, all the houses with new roofs, new windows, new siding, that's our. Them are our houses. That's what I did. So there ain't ho shabby work. We pulled all our permit. We got permits. Permits in the windows in the houses that we're working on now. So... 21 ' Area Board of Zoning Appeals—June 1, 2011 MR. URBANSKI: Sir out of eleven houses you said you had purchased, how many are left to be remodeled, to have work on them, besides this duplex in question now? MR. GIVENS: Well when we said eleven I was counting the one we voluntarily tearing down so that would be bring it to ten, so we ain't going to count that one, so three left. We've got to finish our building that I'm going to turn into barber shop into the neighbor and then neighborhood a barber shop right there on the corner of Linden and Studebaker. I got put the siding on in the next couple of weeks. So we've got three to finish. MR. URBANSKI: Okay. MR. GIVENS: That will be the third on so the building, the one at 112 and the one on Washington Street. MR. URBANSKI: Okay, thank you sir. Any other questions from Board or staff or is there a motion? MR. FEDDER: Well first of all you've got to realize that you got the double thing here. There's a request for three variances. In addition to that this is a matter that's going to be referred to the South Bend Common Council so you'll only be in a position to make a favorable, unfavorable or no recommendation. As we have in the past I would suggest that if you're going consider granting the variances that you make those variances subject to the final authority by the South Bend Common Council. I don't know that this gentleman under stands it but this Board can only give a recommendation. This matter then has to go on to the South Bend Common Council who has final approval so if they approve the classification, so be it. If they do not then the request for the variances would also fall even though they may give you temporary approval for the variances it would be subject to final approval by the South Bend Common Council. MR. VELLEMAN: Well do we really have to do that? Because if they don't approve the Special Exception and it converts back to single family and someone still wants to rehab the house, they still have to have the variances. MR. FEDDER: So, you're correct. MR. VELLEMAN: So we don't have to make it subject to the Special Exception? MR. FEDDER: No, you don't have to. MR. URBANSKI: Do you understand what we're saying Mr. Givens? MR. GIVENS: No sir. MR. URBANSKI: Some of the variances that you are asking for need to be in place even if you turn into a one family unit. MR. GIVENS: Okay. 22 Area Board of Zoning Appeals—June 1, 2011 MR. URBANSKI: If you get denied by the South Bend City Council to change it back to a duplex. So we're going to vote on the variances. If the variances get approved then the recommendation we have to make to the South Bend Common Council is whether we send it with a favorable recommendation, unfavorable or no recommendation. Because we send it with a favorable it doesn't mean that they will turn it down or vice versa. We can send it with no recommendation or unfavorable and they can approve it. But by us voting separately for the variances and if they get approved at least you will not have to come back here again. MR. GIVENS: Okay. MR. PHIPPS: Jim, does the Building Department have any experience with Mr. Givens, are you familiar with his work or...? MR. MARKLE: If he's a registered contractor he's just Iike every other contractor, we don't have testing for contractors. Are you a registered contractor sir? MR. GIVENS: No. MR. URBANSKI: If he's working on his own homes he wouldn't have to be then. MR. PHIPPS: Jim so you have no experience with him? MR. MARKLE: No experience. MR. GIVENS: I went to school for carpentry with the union up in Warsaw. And what I can't do I hire people to do. Electricity,plumbing and... MR. URBANSKI: It seems to me if he's pulling permits that he has to... MR. GIVENS: Yes we are licensed and bonded and insured. MR. URBANSKI: Any questions or is there a motion? A motion for approval of the variances was made by Mr. Phipps and seconded by Mr. Velleman. The motion carried unanimously. MR. URBANSKI: Do we now a motion on the Special Exception? The staff recommends a Favorable Recommendation. MR. PHIPPS: Mr. Chairman it's an uncomfortable position that we're in and difficult decision to essentially take someone's property away from them or take their value away from their property, although there certainly would be grounds if they haven't cared for it in that year that that would be reasonable but Mr. Givens has I guess given some explanation as why he hasn't. He's not a long teim owner. My motion is that 23 Area Board of Zoning Appeals—.Tune 1, 2011 we send it to the City Council without a recommendation and request that maybe they do some more research as to the quality of the rehab on the buildings that he has. MR. URBANSKI: Okay we have a motion to send it to the Common Council of the City of South Bend with no recommendation. Do we have a second? MR. HAWLEY: I'll second. A motion to send the Special Exception to the Common Council with No Recommendation was made by Mr. Phipps and seconded by Mr. Hawley. The motion carried 6-1. PETITION FOR VARIANCES GRANTED PETITION FOR SPECIAL EXCEPTION SENT TO THE COMMON COUNCIL WITH NO RECOMMENDTION RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4411 QUALITY DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR GVW REALTY9 LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area located at 4411 Quality Drive which is more particularly described as follows: 71-03-19-126-002.000-009 Lot numbered One (1)as shown on the recorded Plat of Hayes Olive Road Minor Subdivision, recorded July 17, 2000 as Document Number 0033926 in the Office of the Recorder of St. Joseph County, Indiana. 71-03-19-126-001.000-009 Lot numbered Twenty A (20A) as shown on the recorded Plat of Landmark Business Park, Section 7,recorded October 19, 1992 as Document Number 923 8271 in the Office of the Recorder of St. Joseph County. And which has Key Numbers 71-03-19-126-002.000-009 and 71-03-19-126-001.000-009 presently at this point in time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.I-12.1 et seq., and South Bend Municipal Code Sections 2-76 et sue., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to / the Department of Community and Economic Development and to the Office of the City Clerk; and WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area z. under Indiana Code § 6-1.1-12.1, et 5M., and South Bend Municipal Code Sections 2-76, et seq.; and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. 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 completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et M., for tax abatement. SECTION 11. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. 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. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to six(6)years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. 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 Commo Council St"CHUMS YM�b only Ftled #'I;* Office PRESENTEi3 . 7�" OvE ©� APPR : CITY GU JOHN VC)o DE FRK,SoUrN 89ND, IN 1200 COUNTY-Q'I Y BUILDING � � PHONF 5741235-9371 227W JEFFERSON BOULEVARD P�acr �! y FAX 574/235-9021 SOUTH BEND,INDIANA 46601-1830 �r x I865 CI"T"Y OF SOUTH BEND STEPHEN J. LuECKE, MAYOR COMMUNITY & ECONOMIC EVEL®PMENT JEFFREY V. GIBNEY June 22, 2011 EXECUTIVE DIRECTOR Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: GVW Realty, LLC Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a commercial real property tax abatement petition from the.above-referenced Petitioner for property located at 4411 Quality Drive. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The Petitioner, GV W Realty,LLC proposes to construct a 30,635 square foot addition for a manufacturing tenant,Premier Bandag 4 3. A representative of the Petitioner will be available to meet with the Committee on Monday, July 11, 2011. Should you or any of the other Council members have any questions concerning the report,or need additional information, please feel free to call me at 235-9278. Sincerely, �cut L' / Al cutk Kathy Hahn Economic Development Specialist Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks CoMMLINITr DEVELOPMENT EcoNOMIc DFVFLOPMENT FINANCIAL&PROGRAM PANIELA C.ME1'Efp. DONALD E.INKS MANAGEMENT° 5741235-9660 5741235-9371 LLIZASETH LEONARD Pax: 5741235-9469 5741235.9373 SOU T}18& O� 1200 COUNTY-07)'BUILp1 Nc .� j PHONE 5741235-9371 227 W.JEFFERSON BOULCVARD U �• \� t ,, d rice% b FAX 5741235-9021 5ov1-H BEND,1NalANA 46601-1830 � ��' r 1865 CITY OF SouTH BEND STEPHEN J. LUECn, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GiYiNFY �J+ EXECUTIvF DIRECTOR .�4 k XABA 7'. 11 ENT DEPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: GVW REAL'T'Y, LLC DATE: June 22, 2011 On June 21, 2011,a petition for real property tax abatement consideration for property identified as 4411 Quality Drive was filed with the City Clerk by GVW Realty, LLC. Pursuant to Chapter 2, Article 6, Section 2-82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to 1.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition,investigated the area, and makes the following report. PROJECT SUMMARY The petitioner, GVW Realty,LLC intends to construct a 30,635 square foot building addition to an existing building located at 4411 Quality Drive, The existing building is occupied by a tenant, Best One Tire. The new addition will be occupied by another tenant, Premier Bandag #3. The new addition will be primarily made of steel,masonry,and concrete materials. The estimated cost of the new addition is $1,500,000. Premier Bandag #3, a franchisee of Bandag and Bridgestone Commercial Services Group, recycles used truck tires by retreading them for reuse primarily for semi-trucks and buses.Premier Bandag#3 has operated in the area since 1989. With this project they will be relocating from a facility on Home Street in Mishawaka which involves the transfer of 15 full time positions and I part time position. COMMUNITY DEVELOPMENT ECONOMrc DEVELOPMENT FINANCIAL&PROGRAM PAMELA C.MEYER DONALD F.INKS MANAGEMENT 574/235-9660 5741235.9371 ELi ZA86Ty Lra HARD FAY! 5741235-9469 5741235-9371 RE: Tax Abatement for GVW Realty, LLC June 22 , 2011 Page 2 The project is vital to the future growth of Premier Bandag #3 because it will enhance the Company's image and level of services it provides to its largest customer(Best One Tire)which will be located next door. Assuming a six year abatement term is approved at the Confirming Resolution,the total taxes to be abated during that term are estimated at $ 185,279. Total taxes to be paid during the six year term are estimated at $130,537. EMPLOYMENT IMPACT Per the petition, it is estimated that the project will create fifteen (15) new, permanent full-time positions and one (1) part-time position with total wages estimated at $450,000. ABATEMENT QUALIFICATIONS 1. A review of the tax abatements previously granted finds that the petitioner has been granted or been associated with one previous ten(10)year real property tax abatement which was approved on October 23, 2000, 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Area, which is a Tax Incremental Allocation Area; therefore, the petition for real property tax deduction must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for up to a six year real property tax abatement under Section 2-83.1, Warehouse Development in the Economic Development Target Areas, Urban Enterprise Zone and Redevelopment Blighted Areas. 23-Jun-11 GVW Realty, LLC Public Benefit Points Summary Qualify Earned Available Public Benefit Item: Y or N Points Points Pr iect_Related: 1. A Redevelop a Site that has Special Needs N 0 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan N 0 36 Sub-total Project Related: 0 120 2. Super Size Projects(point values are cumulative): A. 100%to 199% Y 25 25 B. 200%to 299% Y 68 68 C. 300%to 399%v N 0 65 D. 400%and Over N 0 52 Sub-total Super Size Projects: 93 210 3. Construction Related: A. Employ Local Companies Y 20 20 B. Purchase Materials from Local Companies N 0 20 C. Require Employees vs.Independent Contract( Y 19 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits Y 22 22 F. Require Pension Benefits Y 18 18 G. Maintain Affirmative Action Plan Y 20 20 Sub-total Construction Related: 99 141 4. Wage&Benefit Related: A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 Sub-total Wage&Benefit Related: 124 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub-total Workforce Related: 118 152 6. Pay for Municipal Infrastructure:(point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26-50%of Extension Cost N 0 26 C. Pay for 51-75%of Extension Cost N 0 39 D. Pay for 76-100%of Extension Cost N 0 52 Sub-total Infrastructure Related: 0 131 7. Support a Municipal Facifity: A. Support a Municipal Facility N p 84 Total Public Benefit Points: 434 1000 *Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. 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Ln 07 n Cu Ch N N N N N N O U)_ y Z � j. v O CJW7 Ix @ r fu a y X C7 3 _ ? m (D 0 W M � Iv cn CD b v, CD a w00 — D � corn �1 O Q" CD Ul O C m O CTE U1 ,a W C)1 C3] 00 O v n W Q O Cb ED N 00 W V -J .A 0 M C n C) * CD co Ul O O W o o p o o a O o 0 0] p �l (fl a) v x -69 E3 CD U7 0o '-I CA � 4 N CS N Co 00 W r[ -4 M 0 -- '�t •P CD --� � � w iD � C� O 1 M ICL �( m x U d W p m V -I L 1000 00oornC-n00 x C y s al cn cn cn Ln m co --J -1 -4 rr V --1 X O � 4A ,A4 P41- A �x CQ O O CO CO -1 O C)1 N O W ;P V of CA �J W Co 0o O N .�P N O (o 4 o CD CD m CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C. § 6-1.1-12.1-1 et see ., and South Bend Municipal Code Section 2-76, et sue., for this petition states the following: 1. Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to your business. The proposed project includes construction of a new building addition containin g2LoximatLly 30,635 square feet primarily made of steel masonry and concrete materials. This addition will expand an existing 40,000 square foot facility located at 4411 Quality Drive in South Bend which is operated by Best One Tire. The building` addition will be constructed for and leased to Premier Banda #3 Inc. "Premier Banda " . Premier Bandag, a franchisee of Bandag and Bridgestone, recycles used truck tires by retreadin them for reuse. This project involves the relocation of Premier Bandag from a facilit on Home Street in Mishawaka to South Bend. The project is vital to the future rowth of Premier Bandag because it will enhance the Cornpany_'s im_a eg_and level of services it provides to its largest.customer (Best One Tire) which will be located next door. In addition, the building addition will significantly improve the work_ing environment for our employees which should improve our overall Product quality and operational efficiencies and support continued growth in both sales and employment. Land Size 6.14 acres; Building Size 30, 635 sq. ft. (new building addition) 2. Describe the overall nature of the business and of the operations occurring at the Property (Please attach additional sheet if more space is needed): Premier Banda #3 Inc. will occupy the new building addition, Premier Banda rec eles used truck tires by removing the old tread from„the„used tires It then, after inspecting the tire casing, applies new Banda re-cure tread rubber to the casin so it can be reused, The Banda process and materials are used to retread and repair tires primarily for semi- t andag global process on a 1 basis is the most recognized retread process, with Group rand has. operated in area since–1989. This project involves the Solutions f Banda _ g s , —1 relocation of Premier Banda 's operations from Mishawaka to an ideal site in South Bend includin transfer of an estimated 15+ full time and 1 part time Position. Please see our Mission Statement (and additional information_regarding_ _our,business philosophies) attached to this Petition. — — 3. Estimate the dollar value of the project (excluding land): $1,50 0 000 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: $1,380,800 (This information may be obtained from the St. Joseph County Assessor's Office.at 235- 9557.) 5. (a) The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporation(s) (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Address Interest GVW Really, LLC l _ 16 W. Jackson St. 100% P.O. Box 450 Monroe IN 46772 (b) The following other person(s) or corporation(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in (5)(a) above, if applicable): Name Address Interest Premier Building #3,..Inc.,.,..._ 2356 s6 N. Home St. ,.100°��Lease) IN 46545 6. The commonly known address of the Property is: 4411 Quality Drive South Bend Indiana 46628 7. The Key Number(s) of said property is: 025-1017-0602 & 025-1017-060203 alkla 71-03-19-126-001.000-009 & 71-03-19-126-001000-009 8. A legal description of the above address is attached hereto, marked "Exhibit A," and incorporated herein. Please see Attached Exhibit A 9. A map and/or plat describing the Property is attached hereto, marked "Exhibit B," and incorporated herein. Please See Attached Exhibit B 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked "Exhibit C," and incorporated herein. See Attached Exhibit C - 2 - It. The REAL property where the proposed redevelopment or rehabilitation project will be carried out is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: Airport Redevelopment Area (Airport TIF District 12. The redevelopment or rehabilitation project itself will: (a) create 15+* permanent, full- time and 1 permanent, part-time jobs within the first year, representing a new annual payroll of $450,000+; and (b) maintain NIA existing, permanent, full-time and NIA existing, permanent, part-time jobs (including existing, permanent, full-time, minority employment of NIA workers and existing, permanent, part-time, minority employment of NIA workers) with a total annual payroll of$ N/A for all existing employees. * Please note that the projected employment is for Premier Baiidag, to be located in the new building addition proposed with this project. 13. Provide current wage information for existing employees including base rate, cost-of- living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips (please show average hourly rate or range), Do not include: back pay,jury duty pay, overtime pay, severance pay, shift differentials, non- production bonuses, and tuition reimbursements. Projected Wage Information for Premier Bandag Employees for New South Bend Facility: Per Hour Full-Time Part-Time Laborers N/A $ N/A $ N/A Technical $1 3.00 $400,000+ $ NIA Managerial $28.89 ---$50-60,000 $N/A Administrative $12.58 $ 0 $15,000+ 14. The projected annual salary for each new position indicated in item 12 above is estimated to be as follows (Please attach addition sheet(s) if more space is needed): POSITION (Indicate Full Time [FTj or Part Time [PT] EMPLOYMENT WAGE Please See Question 13 Above. 15. Indicate whether your company provides the following benefits (use YIN): Y Health Care Benefits Y Pension Plan Y Employer Provided Training (recognized or certified training/educational courses or programs) N Day Care (provide or contribute to the cost of child day care for its employees) N Transportation Assistance (provide direct or indirect support and assistance to its employees who lack private transportation to get back and forth from - 3 - residence to place of employment) N Employer-Assisted Housing Program (provide an employer-assisted home ownership program) N Targeted Hiring Preference (provide hiring preference for resident of Census Tracts designated by the City's Community & Economic Development Department that have the highest unemployment or the highest percentage of low and moderate income individuals) (Additional information may be requested for verification of the above items) 16. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES 2011 $49,804.16 2010 $47,734.22 $ 4,119.84 2009 $43,165.42 $ 4,268.64 2008 $34,972.38 $ 4,850.28 2007 $27,889.62 $ 4,706.41 2006 $20,307.64 $ (This information may be obtained from the St. Joseph County Treasurer's Office 235- 9531) 17. Please list the number of full-time and part-time minority employees for each of the last three years:* YEAR 2011 2010 2009 FULL PART FULL TIME FULL PART Black 6 5 6 Hispanic 1 1 2 Asian 0 0 0 Indian 0 0 0 Other 0 0 0 * Please note that the employment information relates to Premier Bandag, to be located in the new building addition proposed with this project. 18. Does your business maintain a written (formal) affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: Premier Bandag is an equal. opportunity employer which does not discriminate for an reason includin race color, citizenship status national origin ender, age, religion, physical or mental disability, veteran status or My other factor protected by law. - 4 - 19. Indicate whether or not your project will finance any of the following activities. (If desired, please contact the Community & Economic Development Department 235-9335 for additional information on this section): No Conversion to residential use of a commercial building "Eligible Building" as designated by the Community & Economic Development Department. No Rehabilitation of a building that is either: (a) on the National Register of Historic Places; (b) designated as a local landmark; (c) located in a National Register or local landmark district; (d) eligible for nomination as a National Register or local landmark; or (e) is rated as Outstanding (0/13) or Significant(S/12 or S/11) in the most recent Historic Preservation county- wide survey. No Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department. No Cleaning up a "Brownfield,"which is any site, building, facility or complex that has been designated a brownfield by the Community and Economic Development Department. 20. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located with St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business. (Please attach additional sheet(s) if more space is needed): No. 21. Will your project achieve one or more physical elements identified in a development or revitalization plan that has been approved by the Common Council? If yes, please explain. No. 22. Does your business provide significant financial support to a Municipal Facility (i.e. municipally owned park, recreation center or cultural arts or entertainment facility or other similar public amenity)? If yes, please explain. No 23. Is your company incurring any of the costs of extension or over-sizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements. (Please attached additional sheet(s) if more space is needed): No. - 5 - 24. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page S of this application). 25. Information is required on the construction companies tha-t will be utilized for the construction or rehabilitation associated with the project. (Please complete the table on page 9 of this application). 26, No building permit has been issued for construction on the Property in connection with the improvement in question as of the date of filing of this petition, (The Property Owner's signature at the end of this application is verification of this statement.) 27. The ,Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAICS) major group within which the proposed project would be classified, by number and description: 32.6212 Tire Retreading__ 28. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 326200 Rubber Product Manufacturing 29. The current use of the Property is truck tire sales and service and the current zoning is "L.I", Light Industrial. (This information may be obtained form the Building Department 235-9554). 30. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property), term and date of approval. (Please attach additional sheet(s) if more space is needed) ABATEMENT TYPE TERM DA'C'E OF APPROVAL Real Property Tax Abatement for 10 years October 23, 2000 (GV W Realty) 31, Other anticipated public financing for the project including, if any, industrial revenue bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Administration Section 503 or 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund; or other public financial assistance, including but not limited to public works improvements. None. 31 The following person(s) should be contacted as Petitioner's primary agent(s) regarding additional information and public hearing notifications and the following individuaI(s) may participate at the committee and full counsel meetings of the South Bend Common Council: - 6 - Name: Richard J. Deahl Barnes & Thornburg LLP Address: 600 1St Source Bank Center, 100 North Michigan City, State, Zip Code: South Bend IN 46601 Telephone: 574-233-1171 E-Mail Address: rdeahl@btlaw.com 33. If this real property tax abatement is for warehouse or industrial developments, pursuant to South Bend Municipal Code See. 2-$3.2, please indicate the name, address, telephone number and e-mail address of the person who will work with WorkOne Northern Indiana (WNI) or its successor agency for employee recruitment, and assign the required WNI form attached to the petition. Name: Rich Elliott Address: 9302 East 30`h St. City, State, Zip Code: Indianapolis, IN 4622946617 Telephone: 317-691-3750 E-Mail Address: rich _pre_mierbandag.com - 7 - WHEREFORE, Petitioner requests that the Connnon Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, detennine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2- $4.7 of the Municipal Code of the City of South Bend has been paid in full. Naive of Property Owner(s): GVW Realty„LLC _ By:... �C wn�! (Signed N me) ” Larry D. Zurcher, Manager Member (Typed or printed name and capacity of signor if signed by an agent or representative of the owner.) Attachments: Exhibit A -Legal Description Exhibit B - Map or Plat Exhibit C - Photographs of the Property Other Attachments: Mission Statement - Construction/Contractor Information p, - O o 0 UQ o rWr O � O 44 0 0 © a Q O O ooaa Vj .� aaaa O C) C7o oa a o a a a o 00 Q o 0 o � � G7 {VO7 N NN LO f` +�� o 64 Ud- f:}69- 4F} }ffl } [f} O C ^O Q .� G. U d C O RS v 4Z U L C w O v v U {ts , p Q m Q p N M a) 0 O � v � •� 0 � U Y Ll_ U LL © v 0)a i -� �' CD by cd p. Q W v � •O v� Z Z i 0 z Z7 cd G c m m Z a m o oar 0 En U as CL o C3}fI} o U S 06 U c� �n O U C C CU o a°i LC v Q X m �C• (4f o U W Cn O cu 'C i1-0 ~ o W < c ti3 z� � J E(ja- 4) ZZ G o v ° Q o '� •.� o. p U � c .x p � (D 0 V U-) (Of` 000) a JrNco 4: � r � N O -7 S3 > O v � G � O V A ,� ro Z U n Ri Q3 r E 0 .�.. O Q .�.. Z 0 u�.c L . Cl) Cl)v C$ o car u a) () Q) CL ° � a •- a.. cn U U E cc cC ° U •° +�+ 'p Z in VS V5 (n U) N fn � a (D a) a) (Dooa) 4) v 0 o ? v c a� �- } >- �- ZZ >- � ? ZZ o o m .c � � •° 3 � � � chi } U R {n V) Vn Un a) W (n Un W R a) O O a) (} Q O a) a) a) O ° o i 6. Via. Z >- >- }- Z >- ?•• Z z� 3t '. o v o . cd •t,G M O Z o s. (D O 0 0 0 0 0 0 � 0 0 0 ° s. ;> © o Z1, ZZZZZ }- Z z v � o m `a ` cd -o > i a R E W O 7,C Lp CL 0 H 3 .o �, CL 0 m ca O r o � c v v * '� = o y , o o o � 00 0 0 0 0 0 0 0 0 0 0 0 o n» o 000 000000 00 0 ..o 0 o � � � o0a 0 00000 U 3 o n ou� c� Q � LO00 � 06 000 CD 0 oo °m° .c �, c E 0 0o c5 ni ,� chi of Un co co ri ai y ° �' U ¢ co 4r}64 64 0:)- 6<3 6p3 CO r d7 r 64 69 69- E1}6c} O.'j 0 O z p a) U Q U C N O N +O+ a) C U C) _ r � ....J U O � O a`�i 3 zy ro 0 vi n 'O U U O N v cn O cu O co C c4 Cn '- O k J ,I.- ° cdd � 5, ° R UO} O ate. ° •� -j ° axj 6 v v o c cti m (D U) a co z cu in o Z �`? Z 10 f� PREMIER SANDAG MISSION STATEMENT Our mission is to create Raving Fans, by offering our customers the highest quality Bandag retreads and tire support systems available. We will strive to constantly improve our products and customer service,through the development of empowered, highly motivated, long-term employees. This ultimately will enhance our competitive position, resulting in outstanding long-term growth and profitability. PREMIER BANDAG CORE VALUES TRUST AND BE TRUSTWORTHY Have confidence in others. When you trust people, you have confidence in them—in their integrity and their abilities. Live with utmost Inte ri Have proper Motives_(Intentions) Develop superior Ca abilities Produce excellent Results Be Credible in all you do and say "Whoever is careless with the truth in small )natters, cannot be trusted with i Tpbrta ht matters•" Albert Einstein INTEGRITY You do what you do for no other reason than that it is flight • Stand by your convictions even when you're pressured to do otherwise.... Do what you say 1. you will do. • Give others credit that is rightfully theirs, don't avoid those who are smarter or even more skilled than you. • Be honest about who you really are. That means showing your shortcomings as well as your strengths. Be yourself. • Tell the Truth•...Always. COMMITMENT BEING 100%DEDICATED TO SEEING A PROMISE THROUGH TO COMPLETION. "There is a difference between interest and commitment. When you are interested in something, you do it when it is convenient. When you are committed,you accept no excuses." PROFITABILITY Adding value to our employees, customers, and owners, not at the expense of others, but through the development of personal, professional, and financial growth, as compared to the Bandag Financial Model. 11 EXHIBIT A LEGAL DESCRIPTION Property Address: 4411 Quality Drive, South Bend, Indiana 46628 German Township, St. Joseph County Parcel Number 71-03-19-126-002.000-009 Legal Description Lot Numbered One (1) as shown on the recorded Plat of Hayes Olive Road Minor Subdivision, recorded July 17, 2000 as Document Number 0033926 in the Office of the Recorder of St. Joseph County, Indiana Parcel Number 71-03-19-126-001.000.009 Legal Description Lot Numbered Twenty A (20A) as shown on the recorded Plat of Landmark Business Park, Section 7, recorded October 19, 1992 as Document Number 9238271 in the Office of the Recorder of St. Joseph County. � ' S - 9 - EXHIBIT B PROPERTY MAP [Please see attached] 2011 E d — I0 — 3-16F --f�f?fEfC -°T,^� 22Pi'15 24:43 364,65 LANDMARK B h PARK SEC. € z` r n 19- n 12- m LANDMARK BL 002 ,��'✓ .� � ._:-' a PARK SEC.9 0602.02 0602.01 c `�, LANDMARK BL ,1 H PARK SEC_4 r °F LANDMARK 81 415.05 PARK SEC. 6 426.53 R' LANDMARK' eV g+ PARK SEC.6 L9 LANDMARK 1-6602 03., PARK SEC.r S k 17- 6 �.. �t o p HAYES MJVE RD. 123F. 0602.07 0602.06 n �� n -0602.09 I'r 415.05 715.26 E 10 'a2s. 25-1Qi7 a 0 M1 m yo ft o 22- " 0602.04 a e N I O 0602.06 g V. 4 � 1 Ci m a I9� m O h 20 694.97 M m 405.50 8 95.16 `T 256,r3 RT. va- NIJ TE"X OR. � ?s D N] � o m /0- „ asaz.o5 _ M m 1p N 156.38 430 586.38 Z Z U W 1 n£ r, 8- 0604 9- e v 0604.03 N m M In rr �� 2506 F � 586.94 T N l56,3B 432.22 b 9� .s- r s +a k f ' rY 11 e >3' +mf : r ��.�}F � y - '�� ? �iA��i I�,i '3`"�`• u x t �5..1.y h '. 1;rb v �S - >la ar f ,. 4t %'M 4F f t: AST { a Vi" -a 4 k e r` t r - ? ,,.,.k,...i .mod a - �'s� t �. 2411 Nropa Tedinotogies 0 2011 Ggiq' eN . - 3 41" 4'OS:S2"�I . 86°20"45.$8"W �tev. 245 i1t NOUKICIV 3snQK3bVM'P NOuonoouci cm II 1,1W OWINVO 3IW3Hd ............ .......... -------- ...................... ---- ------------------- -------- 1, CO) 1 ............ 0 ....... . ..... ol ---------- ui 44 ------------ -------------- EXHIBIT C PHOTOGRAPHS OF ROPERTY [Please see attached] a` L ¢b L � a •'�i �7 r T T L.. Am 1 r Ybrn ;tir,,,, G T 4b t r}5 >s T e 'Al �. 5 i ky S y 3 , - L2{S` fit 5 i� Fs s` 41 ° 3k Sq ilN r" Y F e F.. r ;Et 7X T UP r i w m l d s z y" Et �jo x �. lr 4k nk � 4s' 'mow v tiR a k M1 ? .' QI x11 iT L� 'ys,'4iy— Yob N , A S 1 � ; is 'M $ F; ya4. r ` � s 4'S ": . 1 1 F �t s F t�1 Y 1 Lr \ d " p I�t'l ,III it III i S I'Illlj i ill ! III V v 4) ,Y k ) e` 'j ti �l III I T a, Ili r vt �I I 'I I lil loll h `IL II I it I i a a—, I N Ili I I i II I' i' pll" I d ) S� A� I 'E=t ,i' III I I I III 'Ii<p ili l iil 2' I• � I l �I III I. IIII I ll� II llj ) I VI IV I �_� �I II l I VIII yl i4 .. IIII I II I I �1 . III �° III II II Il x. i Y. �� VI 3 11' I F t't II' i I a� II ik y� 5: ji 4411 duality Vr, South Bend, IN llirections, Location and Map I MapQuest Page 1 of 1 Notes Map of: 4411 Quality Dr South Bend, IN 46628-9732 a BR c!` sa s tYt `[3nck A 1� S? Ca a is 1 m n S. 50(1H-� MnapqueSt 12COM 072011 MapQuest PoMons 02011 N AV I E 0,Interm rna Afl rights reserved. Use subiect to L'scense/C n ht Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions or route usability or expeditiousness. You assume all risk of use. MapQuest and its suppliers shall not be liable to you for any loss or delay resulting from your use of MapQuest. Your use of MapQuest means you agree to our Terms of Use Cep ue your mobile. mobile.mapquestzom STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS I 20 12 PAY 20 13 !' State Form 51767(8211.07) FORM S13-1 f Real Property Prescribed by the Department of Local Government Finance This statement is being completed For real property that qualifies Under the following Indiana Code(check one box): 0 Redevelopment or rehabilitation of real estate improvements fIC 6-1.1-12.1-4) 0 Eligible vacant building(IC 6-1.1-12.1-4.8) INSTRUCTIONS: 1, This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects"planned or committed to after July 1, 1967,and areas designated after July 1, 1987,require a STATEMENT OF BENEFITS. 2. Approval of the designating body(City Council, Town Board,County Council,etc.)must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction,application Farm 322 ERA/RE or Form 322 ERAIVBD, Whichever is applicable,must be filed with the County Auditor by the later Of'(1)May 10;or(2)thirty(30)days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4, Property owners whose Statement of Benetlts was approved after June 30, 1991,must attach a Form CF-7/Real Property annually to the application to show compliance with the Statement of Benefits. [IC B-i.1-12.1-5.1(b)and fC 6-1,142.1-S30)] 5. The schedules established under 10 6-1.1-12.1-4 fd)for rehabilitated property and under 1C 6.1.1-12.1-4.8(1)for vacant buildings apply to any statement of benefits approved on or after July 1,2000. The schedules effective prior to Jufy 1,2000,shall continue to apply to a statement of benefits filed before July 1,2000. • s • Name of taxpayer GVW REALTY, LLC Address of taxpayer(number and street,city,state,and ZIP code) 116 W. Jackson Street, Monroe, Indiana 46772 Name of contact person Telephone number E-mail address Larry D.ZurCher (260)692-1416 la rryz(cDbestonetire,net Name of designating body Resolution number Common Council of City of South Bend Location of property County DLGF lazing district number 4411 Quality Drive, South Bend, Indiana St.Joseph 71-003 DescripWn of real property improvements,redevelopment,or rehabi[italion(use additional sheets if necessary) Estimated start date(month,day,year) Contruction of new building addition of approxmiately 30,635 square feet 08/15/2011 Fstimated completion date(month,day,year) 08/15/2012 Current number Salaries Number retained Salaries Number additional Salaries 16+ $450,000+ • • • • • • -r•s • •-• NOTE:Pursuant to IC 6-1.1-12.1-5,1 (d)(2)the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST' ASSESSED VALUE Current values 1 308.931.00 1,380,800.00 Plus estimated values of proposed project 1,500,000.00 Del.tinder Reg.17 Less values of any property being replaced 0.00 0.00 Net estimated values upon completion of project 2,808,931,00 Det.Under Reg.17 r • :131491M • • -• • Estimated solid waste converted(pounds) Estimated hazarddUs waste-converted(pounds) Other benefits _ JUN • • !hereby certify that the representations in this statement are true. Signature of authorized representative Title Date signed(month,day,year) Managing Member Page 1 of 2 Wehave reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards acfopted in the resolution previously approved by this body. Said resolution,passed under IC 6-1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years'(see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1.Redevelopment or rehabilitation of real estate improvements ❑Yes ©No 2.Residentially distressed areas ❑Yes ❑No 3.Occupancy of a vacant building ❑Yes ❑No C. The amount of the deduction applicable is limited to$ D. Other limitations or conditions(specify) E. The deduction is allowed for years'(see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the iota#ity of benefits is sufficient to justify the deduction described above. Approved(signature and title of authorized member of designating body) Telephone number Date signed(month,day,year) Attested by(signature and title of attester) Designated body If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.12-92.1-4. A. For residentially distressed areas,the deduction period may not exceed five(5)years. 8. for redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1,2000,the deduction period is limited to three(3),six(6),or ten(10)years. 2. If the Economic Revitalization Area was designated after June 24,2000,the deduction period may not exceed ten(90)years. C. For vacant buildings,the deduction period may not exceed two(2)years. Page 2 of 2 e6116/2011 11:05 3378957623 PREMIER BANDAG 4 PAGE 15 CITY OF SOUTH BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2-83.2 of the South Bend Municipal Code, the Petitioner referred to herein agrees to work with . WorkOne Northern Indiana, 851 South Marietta Street, South Re @nd, Indiana 46601 , or its successor agency as a condition of receiving property tax abatement. C V W Rem ( LL 6, Petitioner's Name Agent's Name Actin B _ .... R_ � 9 on Behalf of the Petitioner Contact Person X302 Street Address City, State, Zip Code 3I7 375'0 Business Telephone Number r E-mail Address Signature of Petitioner cc; Work0ne Northern Indiana Chairperson, Community and Economic Development` Committee Department of Community and Economic gevelopme,nt City Clerk's Office (Rev. 5/13/11) .?0 City of South Bend a Common Council 1865 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 D. Dieter http://www.southbendin.gov President July 6, 2011 w Oliver J. Davis Members of the Common Council Vice-President 4t'Floor County-City Building Ann Puzzello South Bend, Indiana 46601 ° _ Chairperson, Committee t 1 1 of the Whole Dear Council Members: Derek D. Dieter On May 25"' seven (7) members of the South Bend Common Council sent a First District letter to the South Bend Redevelopment Commission regarding a request on their agenda for an additional $300,000 of TIF dollars for the construction of Henry Davis, Jr. Second District the proposed Animal Shelter at 521 Eclipse Place. That letter was also sent to Mayor Luecke, Gary Gilot, Jeff Gibney and Catherine Toppel, so that all key Thomas LaFountain city departments would be involved in further discussions. The Redevelopment Third District Commission tabled that appropriation request. Ann Puzzello Much work and planning has gone into this proposed project. It is my .Fourth District understanding that on June 30"', the Board of Public Works again opened bids David Varner on the proposed construction of the Animal Shelter, with those bids coming in Fifth District well above the projected estimates. Oliver J. Davis We will soon be reviewing comprehensive documents related to the 2011 city Sixth District budget. I believe that the same due diligence which we use for budgetary reviews is appropriate for proposed capital projects. AI "Buddy" Kirsits At Lat'ge In the interest of finding an amicable and lasting solution for a comprehensive and fiscally responsible animal care, control and shelter program, I am Timothy A. Rouse introducing this resolution. This would help provide a mechanism and At Large opportunity for further discussion on this important community project. Karen L. White At Large Most sincerely, David A. Varner District Council Member Fifth Dis ncil Mem Filed in Cle�'� 9 Attachment JUL . .. ., JOHN VOMIE Cmr CLERK,S®UTP BEND, 1P.' ' RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, SUPPORTING THE NEED FOR QUALITY ANIMAL CARE AND CONTROL SERVICES INCLUDING SPACE TO HOUSE AND CARE FOR SUCH ANIMALS AT A REASONABLE COST TO THE TAXPAYERS in June of 2010, the Board of Public Works opened bids for the construction of a new animal shelter for the City of South Bend,with the lowest bid coming in approximately$32,000 over budget; and the City reviewed the architectural plans again, in the interest of incorporating greater energy efficiencies in the hope of reducing the facility's operating costs;and 6*A" the initial bid for construction of$1.5 million did not include the project's"soft costs such as architect and engineering fees, landscaping, parking lot and furniture and equipment'; which resulted in an additional funding request being made to the Redevelopment Commission in the amount of$300,000 which was tabled in order to permit further discussions;and the proposed new shelter is planned to quadruple the size of the current animal shelter located at 105 South Olive Street,where it has operated since 1996;and 4CM14 on June 30, 2011, the Board of Public Works received bids on the construction of a new animal shelter,with such bids coming again above the project estimates;and CA" approximately 4,000 animals per year are handled by the South Bend shelter,with the new facility projected to help increase adoptions by at least ten percent;and the City currently budgets approximately$520,000 for animal care and control; and needs to discuss whether funding for the construction of a duplicate animal control facility is in the best interest of our community or whether it would be more feasible for the City Administration to enter into negotiations with other entities for a comprehensive animal control program. cJifoaa, C�,Fe gP,o,6e`d"eu°!'�eal,6YDds 'a�xaaw,. yl, y-1CV— d fiend, Q&&",as follows: Section I. The South Bend Common Council believes that there is no doubt that our community needs quality animal care and control services, which include the means to house such animals in a safe, sanitary and humane manner. Section 11. The Council further believes that exploring all animal control alternatives would be the prudent thing to do,especially during challenging fiscal times. Section III. Consolidation of duplicate services, especially when paid with tax dollars, should be considered as a viable and feasible goal by the City,in which the Common Council wishes to be involved. Section IV. This Resolution shall be inFA re and effect from and after its adoption by the Council and approval by the Mayor. Derek D.Dieter, I"District %A ��'� Oliver J.Davis,6 District Henry Davis,Jr.,2d District A A]"Buddy"Kirsits,At Large c4 6 Thomas LaFountain,3` District "v' Se;' Cb"° � Timothy A.Rouse,At Large Ann Puzzello,41 District L. White,At Large Dr.David Varner,5' Di ct p Filed !! John Voorde,City lerk ```° `` ' Y ;Stephen J. Luecke,Mayor of South Bend CITY CiEP- pc5, 2— 1 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED BY Pine Street, Western Avenue, Laurel Street, and the first alley north of Western Avenue, Councilmanic District 2,IN THE CITY OF SOUTH BEND, INDIANA. STATEMENT OF PURPOSE AND INTENT The intent is to rezone the proposed land from Mixed Use and Planned Unit Development to a Planned Unit Development for vehicle parking for operation of a community center and assembly space for religious use and for one off-premises advertising sign structure with two faces. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION._I., Ordinance No.: 9495-04 is amended, which ordinance is commonly knows as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lots 9 through 12, inclusive, of Ruckman's Subdivison of Bank Outlet 75. be and the same is hereby established as a Planned Unit Development District. SECTION II., This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the CommorfCouncil Attest: go:wil V of No ard City Clerk Quid acuun W q _ Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2011, at o'clock m. City Clerk Approved and signed by me on the day of , 2011 o'clock .m. Filed fn C . Off fee' EAD1NG Mayor of the City of South Ben , In .'HEARiN�DING C17YG�.EiFia',, €.+'i'rE P,i[�,F�! :NIZED Kroc Center North Parking Lot Planned Unit Development Statement of PUKRose and Intent The intent is to rezone the proposed land to provide additional parking for the Kroc Center. Part of the property to be rezoned was included in the "Kroc Center Planned Unit Development" which was approved in 2010. This petitioned rezoning to PUD increases the parking area and number of parking spaces to be provided. It also includes replacement of an existing off-premises advertising sign which is now on the site. De G.U'rojectsIUSalvation A my1D5160-0111iroject-infol02 sitelzoning requirements TUD Petition MatementofPurpose and Intent.doe Application No. Date Filed: 7-6-11 Date received by the Area Plan Commission We the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is bounded by: Pine Street, Western Avenue, Laurel Street and the first alley north of Western Avenue. 2) Name and address of property owner(s) of the petition site: The Salvation Army 303 S. Chapin Street. South Bend, IN 46601 Sherry John Janette Miller c/o Burkhart Advertising, Inc. 1335 Mishawaka Avenue South Bend, IN 46615 3) It is desired and requested that this property be rezoned: From "MU"Mixed Use District for Lot 9 and west 26' of Lot 10, William Ruckman's Subdivision of Bank Outlot 75; and From"PUD"Planned Unit Development for the east 40' of Lot 10 and Lots 11 and 12, William Ruckman's Subdivision of Bank Outlot 75 to "PUD"PIanned Unit Development 4) This rezoning is requested to allow the following uses: Parking lot for a Community Center(Kroc Center) and religious assembly, and for one off-premises advertising sign structure with two sign faces. 5) The legal description of the property is attached. 6) Attached is(a) Legal description of the property; (b) Seventeen(17)preliminary site plans; (c)A statement of purpose and intent; (d) a list of names and addresses for all property owners and the tax keyed numbers for all properties within 300 feet of the petition property; (e)Addressed, stamped envelopes for all property owners within 300 feet of the petition property; and (f) A location map. G.TrojectslC3LEatmtronA my103160-15lre zone1PUDlayoutTinall4youtjpetihon.doc Signature(s)of all property owners The Salvation Army of St. Josepb-County '. ert Webster, Executive Erector ane tte Miller Sherry John Petition Prepared By: The Troyer Group, Inc. -ice 550 Lj'nion Street Filed In Off Mishawaka, IN 46544 rt 574-259-9976 JUN 30 ZO11 [_CITY CLE K'�',6"Cw;L.11.oJ,END,IN Ernest&Diane Perkins South Bend Heritage Foundation Inc. Northern IN Historical Society Inc. 1035 W Napier St 803 Lincoln Way W. 808 W Washington South Bend,IN 46601 South Bend,IN 46616 South Bend,in 46601 018-3055-214101; 018-3056- 018-3056-2174,2176,2177,2170,2172, 2160; 018-3069-2693 217201,2173 018-3055-2143,2155 Julius III&Giszel Oneal Charles C.and Louise Green Housing Authority SB 53170 County Murray Dr. 1152 Echo Drive 501 S Scott St, Granger,IN 46530 South Bend,IN 46614 South Bend,IN 46601 018-3056-2171 018-3056-2179 018-3059-2308 Rolland L. Schafer Elaine Webb&Edith Louise Carter Buchanan 65045 Miami St.reet Decker 121 N Wellington St. Bremen, IN 46506 1525 Lincoln Way West South Bend,IN 46628 South Bend,IN 466I9 018-3059-2307 018-3069-2692,2691 018-3056-216I; 018-3055-2145 Nathaniel&Vernita A. Wilson 1018 Land Trust. Paul C.Kusbach P.O.Box 1835 PO Box 2544 54497 Longwood Dr. South Bend, IN 46634 South Bend,IN 46680 South Bend,IN 46628 018-3069-2696 018-3069-2697 018-3069-2698 Samuel H. &Ida Mae Stoners Annie Ray Sconiers Joan Johnson&Lillie M.Johnson 2614 Hartzer St. 1732 Fawn Ct. 856 Boxwood Dr.N South Bend,IN 46628 South Bend,IN 46628 South Bend,IN 46614 018-3069-2699 018-3069-2700 018-3069-2701 Frank III&Abigail It Anderson Chalmer W.&Lucy Walker W/Ros Norman Davis 329 E. c/o Genevieve Walker Glenwood, 25826 Running Creek Dr. Glenwood,IL 6 Dr.0425 309 S Laurel St. South Bend, IN 46628 South Bend,IN 46601 018-3069-2702 018-3069-27700 63 018-3069-2704 South Bend Pentecostal Church Improved Benevolent Protective Order of God In Christ,Inc of The Elks Lodge Bobby&Marian G Newbili(1/2 EA) 1017& 1019 Western Ave. Numbered 298,Inc. 313 S. Chapin St. South Bend,IN 46601 1001 Western Ave. South Bend,IN 46601 South Bend,IN 46601 018-3056-2178 018-3069-2706 018-3069-27I3 Juanita Richardson 2 bad Chon 1041 LaSalle Connector g Brook Stream Trust South Bend,IN 46616 818 Napier Street 8317 Woodson Dr. 018-3055-2144 South Bend,IN 46601 Raytown,MD 64138 018-3056-2168,2169 018-3055-2142 Tori L.Love Iglesia Christiana Emmanuel Southhold Heritage Foundation Inc. 228 Laurel Steet, I 1024 Western Avenue, 1B 914 Lincolnway West South Bend,IN 46601 South Bead,IN 46601 South Bend,IN 46616 018-3055-214102 018-3059-2303 018-3056-2175 .St. Joseph County Frederica Rodriquez Jr. Eloisa Gonzalez&Daniel Bocardc County-City Building 56111 Oak Rd. 313 Pine St. South Bend,IN 46601 South Bend,IN 46619 South Bend, IN 46601 018-3069-2705; 018-3056-2158 018-3056-2167 018-3056-2165 Daniel Bocardo Meritage Mortgage Corp. GMAC MTG LLC 1235 Thomas 6000 SW Meadows Rd Suite 500 500 Enterprise Rd. South Bend,IN 46601 Lake Oswego, OR 97035 Horsham,PA 19044 018-3056-2164 018-3056-2163 018-3056-2162 with Life Estate Miracle Temple Church of God Karen L. Werner&Brian Dm Marguerite Ogren. isc &Clifford&Jacqueline Harris P.O.Box 3090 914 Napier St. South Bend, IN 46619 South Bend,IN 46601 50530 Mayflower Rd.South Bead,IN 46628 018-3056-2156 018-3056-2159 018-3056-2157 South Bend Property VI 4261 Grove St. Skokie, IL 60076 018-3056-2166 I Ind C ~ .` JUN 3 0 ZO CfvCts. '' KROC CENTER NORTH PARIaNG LOT PLANNED UNIT DEVELOPMENT JUSTIFICATION STATEMENT The petitioned rezoning is to Planned Vnit Development because the majority of the site is now zoned as a Planned Unit Development and is part of the Kroc Center Planned Unit Development area approved in 2010.'The parking area north of Western Avenue provides staff and visitor parking to supplement the larger parking lot on the building site south of Western Avenue. This proposed rezoning will allow an increase in the number of parking spaces available for staff and patrons of the Center. It also includes replacement of an existing, aging off-premises advertising sign now located just west of the current north parking lot PUD area. Because the Kroc Center and the original, north parking lot are in a PUD district, and because the existing sign is not a conforming use in the current Mixed Use district,we believe that Planned Unit Development is the appropriate zoning for the intended land uses. Filed 1r, XfficGl x . ... ......_..- _.. • I JUN 3 0 2011 i c) ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF ROSE ST. AND THREE ADJACENT ALLEYS 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 1. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: The first alley to be vacated is the first East/West Alley South of Rose Street from the first North/South alley East of Sherman Street to the second North/South alley East of Sherman Street for a distance of 240 feet and a width of 7 feet. The second alley to be vacated is the first North/South alley East of Sherman Street from Rose Street South to the first East/West alley for a distance of 128 feet and a width of 14 feet. The third alley to be vacated is the second North/South alley East of Sherman Street from Rose Street South to the first East/West alley for a distance of 128 feet and a width of 14 feet. The street to be vacated is a portion of Rose Street from the East right of wary of the first North/South alley East of Sherman Street to the East right of way line of the second alley East of Sherman Street for a distance of 254 feet and a width of 60 feet. All four vacations are located in the Northwest Addition, 3rd Plat, being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana. Hereby determines that it is desirable to vacate said property. SECTION H. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lots 018-2110-406702 018-2162-5937 018-2110-406701 018-2163-597801 018-2162-5945 SECTION IV. The purpose of the vacation of the real property is to put up a fence and gate to keep people from dumping trash down the lane, as well as to keep drug dealers as well as other criminals from approaching the house. have had more than one incident when someone came to the house to rob it, or to signal the drug dealers in the apartments across the yard. Once two men in a stolen SUV came down the lane seeking to elude the police. They drove the SUV into an open pit and found themselves trapped. One of the police officers offered to use lethal force when one of them pulled a weapon on him. Beyond the safety issue, I would also like to put of a garage/storage facility on the East side of the house which of necessity would encroach on the alley. Since there has never been an alley at this site, and Rose Street has never gone through, much less been paved, I didn't think this will be an imposition on anyone. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council :. Attest: . City Clerk s 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 RIOS � i�r�r°� Office � 1AF VADR! VU AWING NOT APPR©VO. ` �,EFERREO ,✓ PASSW ' . ..•z.'• PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE: OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The first alley to be vacated is the first East/West alley South of Rose Street from the first North/South alley East of Sherman Street to the second North/South alley East of Sherman Street for a distance of 240 feet and a width of 7 feet. The second alley to be vacated is the first North/South alley East of Sherman Street from Rose Street South to the first East/West alley for a distance of 128 feet and a width of 14 feet. The third alley to be vacated is the second North/South alley East of Sherman Street from Rose Street South to the first East/West alley for a distance of 128 feet and a width of 14 feet. B. THE STREET DESCRIBED AS: The street to be vacated is a portion of Rose Street from the East right of way of the first North/South alley East of Sherman Street to the East right of way line of the second alley East of Sherman Street for a distance of 254 feet and a width of 60 feet. All four vacations are located in the Northwest Addition, 3rd Plat, being a part of the City of South Bend, Portage Township, St Joseph County, Indiana. NAME (signed & printed) ADDRESS LOT# _Mary A. Miller 801 W. Douglas Rd 018-2162-5945 Mishawaka, IN 46545 CONTACT PERSON (S) NAME: 111 /Z /L /4 e (1 RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: JOHN VOORDE, CITY CLERK r ROOM 455-COUNTY-CITY UM, e SOUTH BEND, IN 46 1-s li � 574-235-9221 � HONE: JUL -.6 CITY CLERY,; I•[ ,IN 1�®Gl3EVELT $'7° W a e 0 o a o v1 o e o o m a o 0 m M M M M v, y'i rn of m m P f0 m m N MN w w�Ny n h f1 0) C4 C4 n b in iA r m O W D b tO m m (O �D m m m N N N Nt N m N N N N � ry N N .� Cif 4V m QS .P CD as � eb o w r r p O p O O O O O m O O O O O Q M N 018-2162-5937 , m 1 °1,9- 1 Li.l arB� o Q254.0' l Z ROS� ST. 1 Q '4- i 240.0' i Li i 2 N i ®R, 00 01&21 -5946 i 0 i C6 � `v N i p C I I 240.0' i R1 SO' � 0111.211, a67o2 y018-2 .a 79 �7 Red € JUL 6 � -- - - - - - - - - LEGAL DESCRIPTION: P� pp CITY CLUHIA' . 'v •a.'.4 SEND,IN The first alley to be vacated is the first East/West alley South of Rose Street from the first North/South alley East of Sherman Street to the second North/South alley East of Sherman Street for a distance of 240 feet and a width of 7 feet. The second alley to be vacated Is the first North/South alley East of Sherman Street from Rose Street South to the first East/West alley for a distance of 128 feet and a width of 14 feet. The third alley to be vacated is the second North/South alley East of Sherman Street from Rose Street South to the first East/West alley for a distance of 128 feet and a width of 14 feet. The street to be vacated is a portion of Rose Street from the East right of way of the first North/South alley East of Sherman Street to the East right of way line of the second alley East of Sherman Street for a distance of 254 feet and a width of SO feet. All four vacations are located in the Northwest Addition, 3rd Plat, being a part of the City of South Bend, Portage Township, St Joseph County, Indiana. •ceis County Parcels Rec PARCELID NAME_1 MAILINGADD MAILINGCIT MAILI MAILING NGST ZIP v =tea MILLET{MARY A&RUTH A AMOS 1134 Rose St South Bend IN 46648 0.- i2=a4 ' 4 MILLER MARY A&RUTH A AMOS 1134 Rose South Bend IN 46616 S 64 A# 4# s{ MILLER MARY A&RUTH A AMOS 1134 Rose South Bend IN 46616 x. , 96 a4 MILLER MARY A&RUTH A AMOS 930 W Rose St South Bend IN 48616 Highland 5 048-2110-406702 VARINISOUTH BEND RSN LLC 1694 First St Park 1L 60035 A1$,-20 X94 ,,. AMOS RUTH 1134 W ROSE South Bend IN 46616 BORDERS WILBER J AND M 7 048-2162-5934 JEANMISC 946 Roosevelt St South Bend IN 46616 8 018182 x93401 HARTMAN STEPHEN B&RENEE L P.o.Box 943 Bristol IIN 1 46507 .., BOXLER RICHARD 2912 W Warren Blvd Chicago 1L 80612 018"218255403 _` JOHNSON CAROL JEAN 934 Roosevelt South Bend IN 46616 ARNOLD LORANCE AND MARCIE 18 2162-5934b4. TENANTS BY THE ENTIRETY 930 Roosevelt South Bend IN 46616 2 018= 162 593405 CREEKSIDE PROPERTY LLC 1613 Bennington Or Mishawaka IN 46544 13 6.11.614 162 5935 BELL THOMAS J.AND MARY A. 19111 Auten Rd South Bend IN 46637 14 018-2162-593501 KINSEY DEMETRIUS R&NINA 918 Roosevelt South Bend IN 46616 15 018-2162-593502 MAEZ PAMELA S 1931 Malvern Way South Bend IN 46614 16 018-2162-593503 MCLEOD ELIZABETH A 910 Roosevelt St South Bend IN 46616 17!018-2162-593504 BOTKA RICHARD L.AND ALICE F. 906 Roosevelt South Bend IN 46616 SAUNDERS JESSE L SR&LINDA M 902 Roosevelt St South Bend IN 46616 X19,018= 16 `a9 '= SISK PATRICIA 822 Roosevelt South Send IN 46616 20 018-2162-593701 FENNESSEE MICKEY R 1706 Sherman South Bend IN 46616 21 018-2162-5937 TURNER JAMES ESTOL 713 East 6th Street Mishawaka IN 46544 SONNYVILLA CHILDRENS HOME 36,01 a INC PO Box 717 South Bend IIN 46624 23 018-2162-593602 SHANNON DAVID OS571 Cedar av Elmhurst 1IL 80126 Arroyo 24 018-2162-593603 HS&ASSOCIATES INC 1131 E Grande Ave Grande ICA 93420 25 018-2162-593604 SPARKS RICK C TERRACE Saint Joseph MI 49085 26 018-2162-593605 FLIGER JANET A 802 Roosevelt South Bend IN 46616 Highland X27 01 2E1� 7(i4 �� VARINISOUTH BEND RSN LLC 1694 First St Park IL 60035 r; $ i$2 >;3 55801 MADISON CENTER, INC. 403 E Madison South Bead IN 46617 Filed JU JUL oil ,IN sav TR 1316 Co[TNTY-CITY BUILDING � \ 1'HoNE 5741235-9251 227 W.JEFFERSON BouLEvARD � � ' •� � FAX 574!235-9171 SOUTH BEND, INDIANA 46601-1830 r %� TDD 5741235-5567 r-- Y865 CITY OF SOUTH BEND STEPHEN J. LuECKE, MAYOR BOARD OF PUBLIC WORKS June 21, 2011 Members of the Common Council Council Chambers County-City Building, 4th Floor. South Bend, Indiana 46601 RE: Vacation Recommendation — Scott Street from Lincoln Way West to Dr. Martin Luther King, Jr. Drive. Dear Members of the Council: In response to your request as to the Board of Public Work's recommendation for the vacation of the above street, the Board reviewed the request on June 9, 2008 and gave a favorable recommendation. The Board sees no need to review this request any further. Thank you. If you have any questions, please call me at (5 74) 235-9251. Sincerely, Gary A. Gilot President, Board of Public Works c: Carl Littrell, Member Donald Inks, Member GARY.A.GILOT,P.E. DONALD E.INKS CARL P.LITTRELL PRESIDENT MEMBER MEMBER ,6013T.8 1 316 COUNTY-CITY 13UILDINC ti� � , PHONE 5741235-9251 227 W.JEFFERSON BOULEVARD W `A 9 FAx 5741235-9171 SOUTH BEND,INDIANA 46601-1830 1 DD 5741235-5567 r Y � 1865 CITY OF SOUTH BEND ST.Epi3EN J. LUEcKE, Mom BOARD OF PUBLIC WORKS December 13,2010 Ms. Mary A. Miller and Ruth A.Amos 930 Rose Street South fiend, Indiana 46616 RE: Alley Vacation-- The Square Block Encompassing the First and Second North/South Alleys East of Sherman Street; Rose Street between Said Alleys and the East/West Alley South of.Rose between the First and Second North/South Alleys (Preliminary Review) Dear Ms.Miller and Ms.Amos: The Board of Public Works, at its December 6, 2010, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not snake access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church,school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. The City of South Bend Engineering Department noted that Lot 230 would have access only via alleys and the thirty foot wide remnant of the vacated street which would attach to that lot. Ownership of the vacated alley would be split with the property owner to the north. An Access Agreement with that landowner may be needed. That property owner's agreement to this vacation is essential. Also, the north/south alley north of Rose Street should be vacated or the vacation of Rose Street should be 14-feet less,. Please contact Tony Molnar at 574 235-9254 prior to picking up lour radius map. You will need a radius map showing properties within 150" of the proposed vacation for your petition to the Common Council. Once you pick up the radius map,proceed to the City Clerk's office for your alley vacation packet. Sincerely, !. Linda M. Martin,Cleric c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom,City Clerk's Office Carl Littrell, Engineering GARYA..GII.oT,r.F. DONALD E. Irixs JOHN H.MURPHY PRESIDENT MEMBFR MEMBER - 3w� o /AJ65• M � ,roo e 4 6 ,} o+l ri J i OSKf' � r Z t its/ c ` MY PWO Sv`rvis- F2�rfsA /oFFis� �ro'aFbs- p aasxes-o S _ re) �n ta'zoFr –..– .— 6F6r° to�FdS• �S ' rte_ ai to-sea¢-a T—�Apv _ sbs• (����}} ; e��, �'� t9 lobs //65•- SPyt65 jvpFb9- —vv6s D/6JC^ �o7►adJ- o0'OFUS'^ s op"46= ' x06�a5r- /O'IDfS- Zv�xiS� __�_�_- _ /�♦� f �oacva- avcs /Ox/,rr /O'OfbF- q –sbas� X06$T — d o .cc MAP c Fazcas- ants- svFZxsy xvitss- g I. xv;�sd sus nr o ti to[Lpy_ stl43- jo7 Fx6�' —JOYd7is , toss—gvca�s ." o W �odisz _ ,£tbi�O�Z ` Lmit6l Bros �� av�`ax- /v'soas_ m: /a arse- �zds-_ � _ /o'trrLS• t��•atES g/L EOL3 09 a 6sb$- 'Par", ba 44 ftl 41% cT' - ro .� .aa: ..�•a � �, ,�zap. Page 1 of 1 Nancy Schrader - Street and Alley Vacation Recommendation - Rose Street From: Nancy Schrader To: Memo-vacations Date: 10/12/2010 11:40 Alt? Subject: Street and Alley Vacation Recommendation - Rose Street Attachments: Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Send, Indiana 46601 Office: (574) 235-9251 Fax: (574) 235-9171 !\!}r IV NlJTIN N!V rvfV N N!\ITl I V M1111•/\/N N!1/l\!N(•J/•N!\•/1!n M1•N N/\I!!/1.•N W W N N!V NI\)N I\.I\/YV n.!n This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed. Any use by others is strictly prohibited. I\!/1f niN!\I n!ni/•l�Ini A/N n/!'VNl •tea I\.n•lV nA1lV!\/N!V IV rt/I•J!V Ilr NlVrtlfV ftlNNlll N!V!' /UNf.•!V!V N N N file://C:t.Docurnents and Settings\.NTJSCHRAD1Loca1 Settings lTemp\XPgrpwise14CB4491,.. 10/12/2410 9 0/1 21201 0 Linda Martin-,Re Street and Alley V� .._.Recommendation Rose � . .. E �_ __ _Y acation Reco_ ...-.. _.... _ treat Wage 1 From: <pmgriffin @NiSource.com> To: "Nancy Schrader"<NJSCHRAO @southbendin.gov>, <Imartin @southbendin.gov> Date: 1011212010 1:06 PM Subject: Re:Street and Alley Vacation Recommendation - Rose Street Attachments: S45C-51 01 0121 1 330.pdf NIPSCO has no objection to this street and alley vacation request. Philip M. Griffin NIPSCO Project Engineer South Send Local Operating Area Office Phone: 574-284-2214 Mobile Phone: 574-220-3804 FAX: 574-284-2220 "Nancy Schrader" <NJSCHRAD @southbe ndin.gov> To <jbyornl @co.sf joseph,in.us>, 10/12/2010 11:39 <pmgriffin @nisource.com>, "Andre AM Price"<APRICE @southbendin.gov>, "Chris Dressel" <CDRESSEL @southbendin.gov>, "Cheryl Greene"<CGRE ENE @southbendin.gov>, "Carl Littrell" <CLITTREL @southbendin.gov>, "Federico Rodriguez" <frodrigu @southbendin.gov>, "Jeff Gibney"<jgibney @southbendin.gov>, "Robert Mathia" <RMATHIA @southbendin.gov>, "Stephen Goen"<SGOEN @southbendin.gov> cc "Nancy Schrader" <NJSCHRAD @southbendin.gov> Subject Street and Alley Vacation Recommendation -Rose Street Please provide your recommendation. Thank you. From: Federico Rodriguez To: Nancy Schrader Date: 10/13/2010 8:21 AM Subject: Re; Street and Alley Vacation Recommendation - Rose Street Approved S.B.F.D Federico"Chico"Rodriguez Fire Marshal South Bend Fire Dept. 1222 S. Michigan Street South Bend,1n. 574-235-7564(0) 574-235-93050 frodriguesouthbendin.00v »> Nancy Schrader 10/12/2010 11:39 AM>>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson,Room 1316 South Bend, Indiana 46601 Office., {574)235-9251 Fax: {574) 235-9171 This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed. Any use by others is strictly prohibited. From: Stephen Goen To: Nancy Schrader Date: 10/13/2010 8:31 AM Subject: Re: Street and Alley Vacation Recommendation - Rose Street No Objections This message may contain confidential and/or proprietary information and is Intended for the person/endty to whom it was original addressed. Any use by others is strictly prohiblted. Lt.Stephen Goen Traffic Commander St Joe Co.fatal Alcohol Crash Team South Bend Police Department-Traffic Investigations 701 W,Sample St South Bend,IN 46601 (574)235-7515 (574)235-7538 >>> Nancy Schrader 10/12/2010 11:39 AM>>> Please provide your recommendation. Thank you, Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Und, Indiana 46601 Office: (574)235-9251 Fax: (574)235.9171 -------------------------------------------------- This message may contain confidential and/or proprietary information and is intended for the personlentity to whom it was originally addressed. Any use by others is strictly prohibited. uTO r � S ■ INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 10/12/2010 TO: Andre Price, Solid Waste Bob Mathia, Community & Economic Development Carl L.ittrell, Engineering Department Chris Dressel, Community & Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community& Economic Development John Byorni, Area Plan Commission (1b or: co.st- ioseph,in.us or 235-9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO ( m riffin nisou roe.corn) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION - STREET AND ALLEY VACATION APPLICANT: Mary A. Miller _ The Square Block Encompassing the First and Second LOCATION: North/South Alleys East of Sherman Street; Rose Street Between Said Alleys, and the East/West Alley South of Rose Street Between the First and Second North/South Alleys DATE DUE: 1012512010 FAX OR E-MAIL TO: 235-91711 Imartinflsouthbendin.clov RECOMMENDATIONS AND COMMENTS: I have no objection to this vacation request so long as necessary rights of way for the public and neighbors are not negatively impacted. BY -' "' Date /< Pagel of Nancy SchKadeK - Re: Street and Alley Vacation Recommendation - Rose Street Fpmmm, ChdsDresms To: Nancy Schrader Date: 10/33/2010 10.39 AM Subject: Re. Street and Alley Vacation Recommendation ' Rose Street Attachments: _'_-----_____----_-_- ....-___-__---__-'_-____ Recommended for approval. Christopher D, Dnasse| Planner City of South Bend Division op Community Development l200 County-City Building 227VV.Jefferson South Bend, lN46601 Phone: 574-235-S847 Fax: 574-235-9697 >>> Nancy Schrader 1O/12/2D1O 11:39 AM >>> Please provide your recommendation. Thank you, Nancy Schrader City of South Bend Department of Engineering and Board nf Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235-9251 Fax. (574) 23S'9171 This message may contain confidential and/orpnoprietary information and is intended for the person/entity to whom it was originally addressed. Any use by others b strictly prohibited. file�11C:\D00000uot and ... 10/25/2010 vT f:111 4 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 10/12/2010 TO: Andre Price, Solid Waste Bob Mathia, Community& Economic Development Carl. Littrellj Engineering Department Chris Dressel, Community& Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development John Byorni, Area Plan Commission (ibyorni(cD_co.st- joseoh.in.us or 235-9813 fax) Stephen Goen, Policy: Department Cheryl Greene, City Attorney's Office Phil FROM: Linda Griffin, NIPSCO Clerk�i nisource.com) FYI Only) SUBJECT. REQUEST FOR RECOMMENDATION - STREET AND ALLEY VACATION APPLICANT. Mary A. Miller The Square Block Encompassing the First and Second LOCATION: North/South Alleys East of Sherman Street; Rose Street Between Said Alleys, and the East/West Alley South of Rose Street Between the First and Second North/South Alleys DATE DUE: 1012512010 FAX OR E-MAIL TO: 235-9177_.!Im_artirtt @,southbendln.rxow RECOMMENDATIONS AND COMMENTS: ez Z` By Date 4444U Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www,stiosephcountyindiana.eom/areaplan Fax 574 235-9813 November 30, 2010 City of South Bend Board of Public Works 13"'Floor, County-City Building South Bend, Indiana 46601 RE: Street and Alley Vacation The square block encompassing the first and second north/south always east of Sherman Street; Rose Street between said alleys, and the east/west alley south of Rose Street between the Srst and second north/south alleys. Dear Board Members: The staff has reviewed this petition. 1t is the staff's opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous, (2) The vacation would not snake access to the lands of the aggrieved person by means of public way difficult or inconvenient, (3) The vacation would not hinder the public's access to a church,school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. Staff recommends that the alley be vacated subject to any further utility or access easements recommended by the City Engineering and Building Departments. Sincerely, hrista Nayder ( J Planner Serving South Bend,Lakeville,New Carlisle,North Liberty,Osceola,Roseland and St,Joseph County,Indiana �Trr ,mob rRACE INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 10112/2010 TO: Andre Price, Solid Waste ,B b Mathia, Community & Economic Development rl Littrell, Engineering Department c.-1hris Dressel, Community& Economic Development L-' derico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development -J©hn Byorni, Area Plan Commission ( orni co.st- iose h.in^us or 235-9813 fax) ---Stephen Goen, Police Department Cheryl Greene, City Attorney's Office L,-Phil Griffin, NIPSCO ( m riffin nlsource.com) (FYI Only) FROM: Linda M. Martin, Cleric ,-nA_ SUBJECT: REQUEST FOR RECOMMENDATION - STREET AND ALLEY VACATION APPLICANT: Mary A. Miller The Square Block Encompassing the First and Second LOCATION: North/South Alleys East of Sherman Street; Rose Street Between Said Alleys, and the East/West Alley South of Rose Street Between the First and Second North/South Alleys DATE DUE: 10/2512010 FAX OR E-MAIL TO: 235-9171 1 ImartinAlsouthbendin.aov RECOMMENDATIONS AND COMMENTS: By Date 4 d O�—6110T 8� . ii ' 'Cif �1865 CITY OF SOUTH BEND STEPHEN J.LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION& FINANCE GREGG D.ZIENTARA CONTROLLER July 6, 2011 Mr. Derek Dieter President, South Send Common Council t 4th Floor, County-City Building South Bend, IN 46601 re: Infrastructure Spending Bill for Appropriation by the Common Council Dear President Dieter: City Administration has been actively pursuing several projects pertaining to economic development, community development, and structural improvement of interest and benefit to the City of South Bend. As such, City Administration herewith submits for Council consideration, the attached bill, which includes the request of funding for projects as follows: Bill 27-11 was originally filed with the Common Council including several projects of economic development, community development and structural improvement benefit to the City of South Bend. Sill 27-11 was amended a with 751 Substitute version, introduced by Mayor Luecke at the Personal and Finance Committee meeting of June 13, 2011. The substitute version removed certain of the line item projects included in the original Bill 27-11 filing. A line item entry originally included in Bill 27-11 and removed in the substitute version, was $1.950 million for additional street paving projects in fiscal 2011 and $0.150 million for the installation of a traffic signal at the intersection of Western Avenue and Laurel Street, for a total investment of$2.1 million. The substitute version of Bill 27-11 was introduced to separate the bill into compartmentalized discussion elements to provide Common Council increased time to review and consider the various projects submitted by City Administration, Mayor Luecke, informed Council at that time, that City Administration would return to Council and would file new bill's as required for line item projects included in the original bill however removed from the substitute bill. Therefore, City Administration now returns to the Common Council and hereby files the enclosed new spending bill ordinance, requesting Council to approve and appropriate monies to allow for additional infrastructure improvements benefiting the City of South Bend as follows: Street Paving — request for infrastructure investment of $0.850 million to allow additional street paving projects to be affected in fiscal 2011 required to improve deficient city streets encompassing certain main commercial arteries within the city. This appropriation will augment the 2011 budget Council approved street paving investment of$2.0 million, for a total street paving investment in fiscal 2011 of$2.85 million. County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830 Phone: 574 1235-9216 Fax: 574/235-9928 TDD: 574/235-5567 Upon Council approval of the proposed additional street paving appropriation, the total street paving investment in fiscal 2011 of$2.85 million compares to the 2010 street paving investment of$2.7 million. Traffic Signal Installation - request for infrastructure investment of $0.150 million to allow for the installation of a new traffic signal at the intersection of Western Avenue and Laurel Street. The traffic signal proposed is required to enable traffic efficient entry and exit to the Kroc Center Facility based on City Engineering projections of traffic volumes. The proposed source of funds for this appropriation is as follows; r...__..___...,.__Pra ect Fund � I_..__...--.__.___.._ ._.__----._.__._ .-..-._..._...----.._.__._._..__.-___-.-.-_-.-- $ Amount Street Paving Fund 202 Motor Vehicle Highway 400,000 Fund 251 Local Roads &Streets 450,000 # Traffic Signal - Fund 251 Local Roads &Streets _1_50,000 Total _.._.....__.. - -- �...1._� �- 1,000,000 This bill is presented to Council for first read at the July 11, 2011 Council meeting; committee meeting, 2 read, 3�d read and Council vote on July 25, 2011. Mayor Luecke and Public Works Director Gilot will present this Bill to the Common Council at the appropriate Council Committee meeting, public hearing and at the Council meeting. City Administration is availabl discuss any matters concerning this Bill at the convenience of the Council. Regards Gregg D. 'entara cc: Stephen J. Luecke, Mayor of the City of South Bend Gary Gilot, Director, Public Works Filed in ClGrk'i -ftlye, JUL i C17Y CLOAK,AK, Ou 6 H ff�lV�,El�t ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA APPROPRIATING $ 1,000,000 IN INFRASTRUCTURE INVESTMENT FOR ADDITIONAL STREET PAVING AND INSTALLATION OF A TRAFFIC SIGNAL REQUIRED FOR EFFICIENT TRAFFIC FLOW IN 2011 STATEMENT OF PURPOSE AND INTENT A project pertaining to structural improvement has been identified of interest and benefit to the City of South Bend. This project includes investment in street paving to repair certain deficient street surfaces and the installation of a traffic signal required to enable efficient traffic flow on a main city artery. It is necessary to appropriate the funds to make this infrastructure investment expenditure. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section 1. The sum of$ 400,000.00 is hereby appropriated and set aside within Motor Vehicle Highway Fund#202 for purposes of investment in the street paving projects. Section II. The sum of$ 600,000.00 is hereby appropriated and set aside within Local Roads and Streets Fund#251 for purposes of investment in the street paving and traffic signal installation projects. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. V)- 4'. �-4 Member of the Common Cou it Attest: MIS tO City Clerk i`�.� �r �'uwm'- � ' cow'�j J s ZPQ and 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 ClerkyS C i 1 st READING �"t C—1 JUL �(} j PUBLIC HEARING 1 3 rd READINGN ,_ NOT APPROYO Clry CLERK g e t' x� :,EFERREQ CLOTt 13 > t>+ PASSED . � --