HomeMy WebLinkAbout08-08-11 Council Agenda & Packet AGENDA
SOUTH BEND COMMON COUNCIL
MONDAY, AUGUST 8, 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
A. ALL-AMERICAN CITY DELEGATION PRESENTATION
6. REPORTS OF CITY OFFICES
7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
BILL NO.
35-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY (S) LOCATED AT 429,
423, 431, 425 COTTAGE GROVE AVENUE AND 426
CUSHING STREET, COUNCILMANIC DISTRICT 2 IN
THE CITY OF SOUTH BEND, INDIANA
36-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 1007 NORTH
BENDIX DRIVE AND PART OF 1025 NORTH BENDIX
DRIVE, SOUTH BEND, INDIANA 46628,
COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH
BEND, INDIANA
46-11 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
.AMENDING CHAPTER 21 OF THE SOUTH BEND
MUNICIPAL . CODE, ARTICLE 9 ADMINISTRATION,
SECTION 21-09. 03 BOARD OF ZONING APPEALS AND
ARTICLE 14, SUBDIVISIONS, SECTIONS 21-14 . 04
MINOR SUBDIVISIONS, 21-14 . 05, MAJOR
SUBDIVISIONS, 21-14 . 06, SUBDIVISION REPLATS
AND 21-14 . 09 (b) VARIANCES
43-11 PUBLIC HEARING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: A PORTION OF
ROSE ST. AND THREE ADJACENT ALLEYS
45-11 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
TO TRANSFER A PORTION OF VOORDE PARK TO
HOOSIER TANK AND MANUFACTURING, INC.
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
8 . BILLS, THIRD READING TIME:
BILL NO.
35-11 THIRD READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY (S) LOCATED AT 429,
423, 431, 425 COTTAGE GROVE AVENUE AND 426
CUSHING STREET, COUNCILMANIC DISTRICT 2 IN
THE CITY OF SOUTH BEND, INDIANA
36-11 THIRD READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 1007 NORTH
BENDIX DRIVE AND PART OF 1025 NORTH BENDIX
DRIVE, SOUTH BEND, INDIANA 46626,
COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH
BEND, INDIANA
46-11 THIRD READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 21 OF THE SOUTH BEND
MUNICIPAL CODE, ARTICLE 9 ADMINISTRATION,
SECTION 21-09. 03 BOARD OF ZONING APPEALS AND
ARTICLE 141 SUBDIVISIONS, SECTIONS 21-14 . 04
MINOR SUBDIVISIONS, 21-14 . 05, MAJOR
SUBDIVISIONS, 21-14 . 06, SUBDIVISION REPLATS
AND 21-14 .09 (b) VARIANCES
43-11 THIRD READING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: A PORTION OF
ROSE ST. AND THREE ADJACENT ALLEYS
45-11 THIRD READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
TO TRANSFER A PORTION OF VOORDE PARK TO
HOOSIER TANK AND MANUFACTURING, INC.
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
9. RESOLUTIONS
BILL NO.
11-49 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 3520 N.
BENDIX DRIVE
11-50 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 1122 NOTRE DAME AVENUE AS
RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES
OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR JOHN AND JENNIFER SEJDINAJ
11-51 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA CONFIRMING THE
GRANT OF CERTAIN REAL PROPERTY TAX ABATEMENT
DEDUCTIONS AND WAIVING NONCOMPLIANCE FOR
PROPERTY COMMONLY KNOWN AS 5102 DYLAN DRIVE,
SOUTH BEND, INDIANA FOR HURON PARTNERS, L. P.
11-52 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, SUPPORTING THE
CITY ADMINISTRATION' S REQUEST FOR THE SOUTH
BEND REDEVELOPMENT COMMISSION TO APPROPRIATE
AN ADDITIONAL $400, 000 OF TIF FUNDS TO
COMPLETE THE FINANCING OF A NEW SBACC
FACILITY
10. BILLS, FIRST READING
BILL NO.
48-11 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 4 OF THE SOUTH BEND
MUNICIPAL CODE TO REVISE PROVISIONS FOR
LICENSING OF TAXICAB COMPANIES, VEHICLES AND
DRIVERS
49-11 FIRST READING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE FIRST
EAST/WEST ALLEY NORTH OF CEDAR STREET, FROM
NILES AVENUE EAST, 172 FEET EAST/WEST TO THE
VACATED NORTH/SOUTH ALLEY
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
14 . ADJOURNMENT
TIME:
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS
Auxiliary Aid or Other Services are Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible.
JOHN W. SYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
4ARR,EA PLAN COMMISSION OF ST JOSEPH COUNTY, IN
227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG- SOUTH BEND,INDIANA 46601 (574)235-9571
July 20, 2011
The Honorable Council of the City of
South Bend
4th Floor, County-City Building
South Bend, W 46601
RE:, A proposed ordinance of Lincoln Park Development, LLC, et al to zone from MFI Urban
Corridor Multifamily District and CB Community Business District to SF2 Single Family
and Two Family District, property located at 423,425,429, 431 Cottage Grove Avenue,
and 426 Cushing Street, City of South Bend -APC# 2595-11
Dear Council Members:
I hereby Certify that the above referenced ordinance of Lincoln Park Development, LLC, et al
was legally advertised on Thursday, July 7, 2011 and that the Area Plan Commission at its public
hearing on Tuesday, July 19, 2011 took the following action:
Upon a motion by Dan Brewer, being seconded by Robert Hawley and unanimously
carried, the proposed ordinance of Lincoln Park Development, LLC, et al to zone
from MF 1 Urban Corridor Multifamily District and CB Community Business District
to SF2 Single Family and Two Family District, property located at 423, 425, 429,
431 Cottage Grove Avenue, and 426 Cushing Street, City of South Bend is sent to
the Common Council with a favorable recommendation. The proposed use of these
lots as single-family residential is compatible with the adjacent zoning districts,
permitted uses, and existing single-family residences, and addresses the housing
objectives of City Plan,
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,
A
ohn W. Byom
JWB:jsc
Attachment
CC: Lincoln Park Development, LLC, et al
SERVING,ST JOSEPH COUNTY,SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND
www,sr.josephenuntyindiaina.com/Areaplan
Staff Report
APC# 2595-11
Owner: Lincoln Park Development, LLC, et al
Location: 423,425,429,431 Cottage Grove Avenue,and 426 Cushing Street
Jurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from MF I Urban Corridor Multifamily District and
CB Community Business District to SF2 Single Family and Two Family District to allow single
family residential.
Land Uses and Zoning:
On site: On site on the four Cottage Grove Avenue lots is an existing vacant duplex and
three vacant lots. The lot on Cushing Street is vacant.
North: To the north of the Cottage Grove Avenue lots is a vacant lot and the Colfax
Cultural Center zoned MT I Urban Corridor Multifamily District and MU Mixed
Use District, respectively. To the north of the Cushing Street lot is vacant land
zoned CB Community Business District.
East: To the east of the Cottage Grove Avenue lots is a parking=area for the Charles
Martin Youth Center and single family homes zoned MU Mixed Use District and
MF I Urban Corridor Multifamily District and MU Mixed Use District,
respectively. To the east of the Cushing Street lot is a vacant lot and Louie's Tux
Shop, both zoned CB Community Business District.
South: To the south of the Cottage Grove Avenue lots are single family homes zoned
SF2 Single Family&Two Family District. To the south of the Cushing Street lot
is a vacant lot zoned CB Community Business District.
West: To the west of the Cottage Grove Avenue lots are single family homes zoned SF2
Single Family & Two Family District. To the west of the Cushing Street lot is a
parking area for the Charles Martin Youth Center and an abandoned home zoned
MU Mixed Use District and SF2 Single Family&Two Family District.
District uses and development standards:
The SF2 District is established to protect, promote and maintain the development of single family
dwellings and two family dwellings in the urban core of the City of South Bend as well as to
provide for limited public and institutional uses that are compatible with an urban residential
neighborhood. The availability of public facilities (e.g., public water,public sanitary sewer, storm
sewer,natural gas, electricity, telephone, etc.) is required for development within this district.
Site plan description:
No site plan is required when rezoning to the SF2 Single Family & Two Family District.
However, the petition indicates that new single family homes with three to four bedrooms are
proposed to be constructed through a partnership between the petitioner and the South Bend
Heritage Foundation. The existing duplex along Cottage Avenue will be razed. Those proposed
new homes will be leased to low-to- moderate income individuals with an option to purchase.
Zoning and land use history& trends:
Per the historical aerial maps, residential structures were located on each of the four Iots on
Cottage Grove Avenue and on the lot on Cushing Avenue in 1966. By 1986, two of the four
structures along Cottage Grove were demolished, and another was demolished between 1993 and
2002. The structure on Cushing Avenue was razed between 1986 and 1993. Prior to 1996, the
Lincoln Park Development, LLC, et at
#2595-11
Pagel of 3
lots on Cottage Grove Avenue were zoned "B" Residential (Multifamily) / "a" Height & Area,
and the lot on Cushing Avenue was zoned "B" Residential(Multifamily)/"b" Height&Area.
Traffic and transportation considerations:
Both Cottage Grove Avenue and Cushing Street are two lane local streets.
Utilities:
The lots will be served with municipal sanitary sewer and water,
Additional information: (Agency comments)
The Department of Community&Economic Development is supportive of this rezoning request.
The Division of Engineering& Public Construction had no comment.
5 Criteria(per IC 36-7-4-603):
1. Comprehensive Plant:
Policy Plan:
City Plan. City_of South Bend,Indfana OVovemher 2006)
Objective H 4. Ensure well-designed, infill housing on vacant land in the city's
neighborhoods.Policy H 4.1: Support the efforts of community organizations in developing
infill housing.
This rezoning meets the stated objective and policy.
Land Use Plan:
The Future Land Use Map within City Plan recommends high density residential (more
than 12 du/acre) for the Cottage Grove Avenue lots and commercial use for the Cushing
Street lot. These recommendations were based on existing multi-family residential along
Cottage Grove Avenue, and the existing commercial use of the lots to the north of the
Cushing Street lot fronting Lincoln Way West,
Plan Implementation/Other Plans:
The Lincoln Way West Commercial Corridor Revitalization Action Plan (June 1999)
recommends commercial use for the lot along Cushing Avenue. In 1999, this lot served as
a parking area for the commercial use to the north, which has since been razed.
2. Current conditions and character:
The northern lot along Cottage Grove Avenue is occupied by a vacant duplex while the three lots
to the south are vacant. The lot along Cushing Avenue is also vacant.
3. Most desirable use:
The most desirable use of the lots is residential to further compliment the adjacent residential uses
and to meet the objectives of City Plan.
4. Conservation of property values:
The adjacent property values should be conserved, or could potentially be raised, as a result of
infill residential development on these vacant lots.
Lincoln Park Development, LLC, et al
#2595-11
Page 2 of 3
5. Responsible development and growth:.
It is responsible growth: and development to allow single-family residential homes to be
constructed on underutilized and vacant lots within a primarily single-family residential
neighborhood.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that this
rezoning petition be 'forwarded to the City of South Bend Common Council with a.favoraYle
recommendation
Analysis:
The proposed use of these lots as single-family residential is compatible with the adjacent zoning
districts, permitted uses, and existing single-family residences, and addresses the housing
Objectives of City Plan.
Lincoln Park Development, LLC, et al
#2595-11
Page 3 of 3
z
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY(S)LOCATED AT
429,423,431,425 Cottage Grove Avenue and 426 Cushing Street, COUNCILMANIC DISTRICT 2
IN THE CITY OF SOUTH BEND,INDIANA
STATEMENT OF PURPOSE AND INTENT
The current zoning at 429, 423,425,and 431 Cottage Grove Avenue is MFl-Urban Corridor Multiple
Family District. We request that the zoning be changed to SF2-Single Family Residential.The
purpose of this zoning change is to allow development of single family dwelling units.
The current zoning for 426 Cushing is CB-Community Business District. We request that the zoning
be changed to SF2-Single Family Residential.The purpose of this zoning change is to allow
development of single family dwelling units.
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:
18-1030-1327 429 Cottage Grove Ave: Lot 29 of Fuerbringer's 3rd Addition, according to the
recorded plat thereof, St. Joseph County, Indiana Records.
18-1030-1329 423 Cottage Grove Ave: Lot 27 of Fuerbringer's 3rd Addition, according to the
recorded plat thereof, St. Joseph County, Indiana Records.
18-1030-1328 425 Cottage Grove Ave: Lot 28 of Fuerbringer's 3rd Addition,according to the
recorded plat thereof, St. Joseph County, Indiana Records.
18-1030-1326 431 Cottage Grove Ave: Lot 30 of Fuerbringers 3rd Addition,according to the
recorded plat thereof, St. Joseph County, Indiana Records.
18-1028-1261 426 Cushing Street: The South %of Lot 3 Heintzman's Addition,according to
the recorded plat thereof, St. Joseph County, Indiana Records
be and the same is hereby established as SF2-Single Family and'Two Family District.
SECTION H. 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.
JOHN W_ BYC]RNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZ[
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W JEFFERSON BLVD, ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 4650) (574)235-9571
July 20, 2011
The Honorable Council of the City of
South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of Ramadan A. &Tamilyn Salamch and City of South Bend to zone
from CB Community Business District to MF2 High-Density Multifamily District, property
located at 1007 N. Bendix Drive and part of 1025 N. Bendix Drive, City of South Bend -
APC#2596-11
Dear Council Members:
I hereby Certify that the above referenced ordinance of Ramadan A. & Tamilyn Salameh was
legally advertised on Thursday, July 7, 2011 and that the Area Plan Commission at its public
hearing on Tuesday, July 19, 2011 took the following action:
Upon a motion by John DeLee, being seconded by Barrett Berry and unanimously
carried, the proposed ordinance of Ramadan A. & Tamilyn Salameh and the City of
South Bend to zone from CB Community Business District to MF2 High-Density
Multifamily District, property located at 1007 N. Bendix Drive and part of 1025 N.
Bendix Drive, City of South Bend is sent to the Common Council with a favorable
recommendation. A substantial community wide effort was put into the planning
process and development of City Plan, and more recently the LaSalle Square Area
Redevelopment Plan. The proposed rezoning is consistent with the
recommendations, goals, and objective of both of these plans.
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,
ohn W. Byo
JWB:jsc
Attachment
CC: Ramadan A. &Tamilyn Salameh
Sterling Development, LLC
Abonmarche Consultants
SERVING:ST.JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND
vvWW.StiOSephCountyindiana.com/Areaplan
Staff Re4ort
APC# 2596-11
Owner: Ramadan A. &Tamilyn Salameh
Location: 1007 N. Bendix Drive and part of 1025 N. Bendix Drive.
Jurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from CB Community Business District to M72 High-
Density Multifamily District to allow multifamily dwellings (senior independent laving facility).
Land Uses and Zoning:
On site: On site is a vacant commercial structure most recently occupied as a restaurant,
and an adjacent parking area partially used for the Urban Garden Market, a
temporary and seasonal farmers market, both zoned CB Community Business
District.
North: To the north is a vacant parking area used seasonally for the Urban Garden
Market, and vacant retail structure all zoned.CB Community Business District.
East: To the east is a credit union, a vacant bank, and a health services facility all
zoned LB Local Business District.
South: To the south is LaSalle Square, a multi-tenant retail center, zoned CB
Community Business District.
West: To the west is vacant land zoned MF2 High-Density Multifamily District and the
LaSalle Branch Library zoned CB Community Business District. The vacant
land was rezoned in 2008 (APC #2486-08) for multi-family dwellings (senior
independent living facility).
District uses and development standards:
The MF2 District is established to protect, promote and maintain the development of high density
multifamily dwellings and to provide for limited public and institutional uses that are compatible
with a multifamily residential neighborhood. The development standards are designed to promote
the establishment of multifamily dwelling projects with on-site amenities.
Site plan description:
The 2.58 site includes both the 0.91 acres to be rezoned with this petition and an adjacent area to
the west which was rezoned to the MF2 Multifamily District in 2008 (APC#2486-08). The site
plan shows a four story 72 unit senior living facility covering 0.56 acres, or 22%of the site. The
proposed parking areas, drives and sidewalks cover 0.65 acres, or 22% of the site; and the
developed recreational open space covers 0.13 acres, or 5%of the-site. The remaining 1.24 acres,
or 48%, is open space. A total of 144 parking spaces are required'and 55 spaces are provided.
Variances for a reduction in the number of parking spaces, reduced front yard setbacks from the
existing and proposed public rights-of-way; a reduced side yard setback, and an increase in the
maximum allowable height and number of stories were approved by the Area Board of Zoning
Appeals on June 2011. Access to the site will be provided to the west and south via two
proposed public streets. All landscaping, lighting, and signage will be in accordance with the
zoning ordinance.
Zoning and land use history &trends:
The area to the southwest of Ardmore Trail and Bendix Drive was undeveloped until the mid
1970s when the LaSalle Square multi-tenant shopping center was constructed. The existing
structure within the area to be rezoned was built sometime after the construction of the center but
prior to 1986. Rezoning petitions were submitted in 2001 (APC #2089=01) to add a charitable
Ramadan A. & Tamilyn Salameh
#2596-11
Page 1 of 3
gaming facility to the center and in•2002 (APC #2131-02) to add a day care facility and banquet
hall to the center. Both of these petitions were withdrawn.
Traffic and transportation considerations:
Bendix Avenue is a four lane road and Ardmore Trail is a two lane road. Both have center turn
lanes. The nearest traffic counts taken in 2010 along Bendix Drive south of Ardmore Trail and
along Ardmore Trail east of Bendix Drive reveal an AADT of 6,343 and 2,531,respectively.
Utilities:
The site will be served by municipal sanitary sewer and water.
Additional information: (Agency comments)
The Department of Engineering&Public Construction commented that the existing utilities in
the vacated Kentucky Street must be kept in service, resulting in their relocation.
The Department of Community and Economic Development commented that the proposed
rezoning is consistent with the LaSalle Square Area Redevelopment Plan, would have a positive
effect on the area's appearance, and would represent the next step in the revitalization of a wider
area.
S Criteria(per IC 36-7-4-603):
1. Comprehensive Plan:
Policy Plan:
City Plan. City_qf Sauth Bend. Indiana Wovember 2006
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.
Policy H 1.4: Encourage the development of a variety of housing types and care choices for
seniors and disable persons. LU 2.3: Ensure coordination of land uses among adjacent
area-specific plans.
This proposed rezoning meets all these objectives and policies.
Land Use Plan:
The Future Land Use Map within City Plan shows that the area included within this
rezoning petition and the adjacent LaSalle Square shopping center as mixed use.
Plan Implementation/Other Plans:
The.LaSalle Square Area Red elo ment Plan J& tember 2Q0&
The public participation process which occurred prior to the drafting of this plan revealed
that of all types of residential land uses, senior housing was the most preferred type of
housing. The public also identified sidewalks as the number one infrastructure need for the
area. These desires led to the following recommendation within the five year outlook plan.
Recommendation.#3: Work with a senior housing developer to come into the Square. This
development seems ideally suited to be situated in the vacant parcel to the immediate east
of LaSalle Library,which will preserve the frontage on Bendix Drive to be used for retail
development. Bringing in a new development will quickly add residents, improving the
likelihood of new retail development for the area. Another strategic approach goal and
objectiye recommends to increase the interior and exterior connectivity through
reintroducing:streets, sidewalks and trails within the site.
The propose rezoning meets all these stated recommendations, goals and objectives.
Ramadan A. &L Tan ilyn Salameh
#2596-11
Page 2 of 3
Z. Current conditions and-character:
Currently, the property included within the petition includes a vacant restaurant and an open
parkift"'area to the north. The property to the west of the petition area, which is also included
wtthir'46" site plan, is an utidevelope vacant area.
3. Most desirable,'use:
The most desirable se of hi prnpe i and'be;adjacept property to the west is a mixed use.of
�..
reszdent'al and commercial:
4. Conservation of property:values:
The adjacent property values should be conserved, or could potentially increase, with the
development of a senior living facility.
5. Responsible development and growth:
It is responsible development and growth to follow previously adopted-city-wide and area
specific land use plans Tlie presence of additional residents could act as a catalyst for further
commercial investment and development within the LaSalle;Square area.
Recommendation:
Based on information available prior to Ilse public hearing,the staff recotnm[ends that this petition
be sent to the City of South Bend Common Council with a favorable recommendation.
Analysis:
A substantial community wide effort was put into the planning process and development of City
Plan, and more recently the LaSalle Square Area Redevelopment Plan. The proposed rezoning is
consistent with the recommendations, goals,and objective of both of these plans.
Ramadan A. & Tamilyn Salameh
#2596-11
Page 3 of 3
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
1007 NORTH BENDLY DRIVE AND PART OF 1025 NORTH BENDIX DRIVE, SOUTH BEND,
INDIANA 46625, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND,INDIANA
STATEMENT OF PURPOSE AND INTENT
The subject properties (1007 & ]Part of 1025 North Bendix Drive) are currently zoned "CB" Community
Business District and proposed to be rezoned to "MF2" High-Density Multifamily District for the
development of multifamily dwellings(Senior Independent Living Facility).
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:
A PART OF NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST,
PORTAGE TOWNSHIP, ST JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF ST. JOSEPH COUNTY PUBLIC LIBRARY
LASALLE BRANCH MINOR SUBDIVISION, RECORDED IN INSTRUMENT NUMBER 0739367
IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY; THENCE NORTH 65 007'27"
EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF ARDMORE TRAIL, 308.53 FEET TO THE
NORTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 7911283 IN
SAID RECORDERS OFFICE; THENCE SOUTH 00°00'00" EAST ALONG THE WEST LINE OF
SAID PARCEL, 114.86 FEET TO THE POINT OF BEGINNING; THENCE NORTH 90 000'00" EAST
ALONG THE SOUTH LINE OF SAID PARCEL, 10.00 FEET; THENCE SOUTH 00°00'00" EAST,
114.77 FEET; THENCE NORTH 90°00'00" EAST, 206.00 FEET TO THE WESTERLY RIGHT-OF-
WAY OF BENDIX DRIVE; THENCE SOUTH 00°00'00" EAST ALONG SAID RIGHT-OF-WAY,
17194 FEET; THENCE NORTH 89'59'19"WEST, 108.03 FEET;THENCE SOUTH 77015'41"WEST,
67.00 FEET; THENCE NORTH 89'59'19" WEST, 42.62 FEET; THENCE NORTH 00 000'00" EAST,
303.45 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 091 ACRES, MORE
OR LESS, AND SUBJECT TO RIGHT-OF-WAY, EASEMENTS, COVENANTS AND
RESTRICTIONS OF RECORD.
be and the same is hereby established as"MF2"High-Density Multifamily District.
SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common
Council, approval by the Mayor, and legal publication..
Member of the Common Council
Attest:
City Clerk
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, at o'clock
.m.
Mayor of the City of South Bend,Indiana
In
I st READING 'r JU14
)jjSLIC IjEARING t
3 r•j READIN'G JQH OC�"O�
ts,GT APPROVED C C R K 4 0� NCe,El's
fi=vE RED
PASSE
Date Filed Application No.
Date received by the Area Plan 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:
1007 North Bendix Drive Part of 1025 North Bendix Drive
South Bend,IN 46628 South Bend, IN 46628
2) Name and address of property owner(s)of the petition site:
1007 North Bendix Drive 1025 North Bendix Drive
Ramadan A. & Tamilyn Salameh City of South Bend
53244 County Kerry Drive 227 West Jefferson Blvd Ste 1200
Granger,IN 46530 South Bend, IN 46601
(574)235-9371
3) Name and address of contingent purchaser(s), if applicable:
Sterling Development, LLC
Attn: John VanMeeter, Director of Development
3900 Edison Lakes Parkway, Suite 201
Mishawaka, IN 46545
(574)247-3234
4) It is desired and requested that this property be rezoned
From "CB"Community Business District
To "MF2"High-Density Multifamily District
5) This rezoning is requested to allow the following use(s):
Multifamily Dwellings(Senior Independent Living Facility)
6) Attached is a copy of(a)legal description of the property; (b) seventeen(17)preliminary site plans;
(c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the
tax key numbers for all properties within 300 feet of the petition property; (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'/z"x I 1"format.
F Flied In Cherk',-1
�!l l
CM
Signature(s)of all property owners,or Attorney for all property owners:
RAMADAN A. c& TAMILYN SALAMEH
Printed: Tamilyn Salameh
Signed: G'
Title: Owner and Power of Attorney for
Ramadan A. Salameh
Address: 53244 Coqn_q Ke M Drive
Granger, IN 4``6530
Phone Number: 4� `7`7 - 3a3- 0�2-70
CITY OF SOUTH BEND
Printed: Don A E. Inks
Signed:
Title: —E*eeu6ve Director of City of South Bend
Department of Community and Economic
Development
Address: 227 West Jefferson Blvd., Ste 1200
South Bend,IN 46601
Phone Number: (574) 235-9371
PETITION PREPARED BY: CONTACT PERSON: (If different)
Bradley E. Mosness, PE
750 Lincoln Way East
South Bend, IN 46601
(574)232-8700
bmosness @abonmarche.com
Filed In C*Ws
JU
/�lyy,y�
JOHN Y ti'
fu
JOHN W BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZi
DEPUTY DIRECTOR
qFARRSPAPLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227W.JEFFERSON BLVD. ROOK! 1 140 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 46601 (574) 235-9571
June 29, 2011
Derek D. Dieter, President 2—D�iL
South Bend Common Council
Fourth Floor, County-City Building
227 W. Jefferson Boulevard
South Bend, IN 46601
RE: Area Plan Commission Initiated Petition to Amend the Zoning and Subdivision
Ordinances to Reflect Recent Changes in State Statutes
Dear Mr. Dieter:
The attached ordinance is in response to changes in State Statutes that are effective as of
July 1, 2011.
Section I of the proposed ordinances amends the section of the zoning ordinance that
deals with powers of the Board of Zoning Appeals. The Board now has the right to put
conditions upon the approval of variances.
The remaining sections of the proposed ordinance will amend Article 14 of the zoning
ordinance which is commonly known as the subdivision control ordinance. The new State
Statutes changes the time frame for appealing subdivisions from 10 days to five days.
The new Statutes also allows the Plan Commission the right to grant waivers from some
of the requirements of the ordinance. The Commission previously granted variances.
Please place this item on the Council's July 2S-2011 agenda for First Reading. The Area
Plan Commission will schedule this ordinan" for public hearing on July 19, 2011.
If you have any questions, please feel free to contact me.
Filed in le.rk'sh Office
Sincerely,
,,� W. [JUL 2 0 20'j I
John W. B yti�-I""
JOHN VOORDE
CITY CLERK,SOUTH BEND, IN
SERVING:ST,JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA& ROSELANfD
www.stjoseph countyi nd f ana.cam/Areap fan
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 21 OF THE SOU'T'H BEND MUNICIPAL CODE,
ARTICLE 9 ADMINISTRATION, SECTION 21-09.03 BOARD OF ZONING APPEALS
AND ARTICLE 14, SUBDIVISIONS, SECTIONS 21-14.04 MINOR SUBDIVISIONS,21-
14.05, MAJOR SUBDIVISIONS, 21-14.06, SUBDIVISION REPLATS, AND 21-14.09(b)
VARIANCES.
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the
City of South Bend that went into effect on May 7, 2004. Changes in State Statutes (House
Enrolled Act 1311) that became effective on July 1, 2011 necessitate amendments to the City's
zoning and subdivision regulations.
NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana,
as follows:
Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 9, Administration,
Section 21-09.03 Board of Zoning Appeals, is hereby amended by replacing sub-section(d) with
the following, new sub-section (d), as follows:
(d) Conditions.
The Board of Zoning Appeals, in connection with its making of a favorable
recommendation, unfavorable recommendation or no recommendation to the Common
Council regarding the approval of a special exception use, may recommend that the
Common Council impose certain reasonable conditions as a part of the Common Council's
approval of any special exception use.
Such conditions may include any reasonable site, development, operational standards,
performance standards, requirements, and restrictions (including duration of approval)
deemed necessary to ensure compliance with the Findings of Fact determinations.
The Board of Zoning Appeals, in connection with„its pproying a variance from the
development standards (such as height, bulk, or area) of the zoning ordinance, maimpose
reasonable conditions as art of the Board's approval.
t
Section I1. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14, Subdivisions,
Section 21-14.04, Minor Subdivisions, is hereby amended as follows:
(c) Minor subdivision review, appeal and approval procedure
(5) Notice of Committee's action. Within ten (10) five 5 days after the Committee's
acts _ion on the subdivision, the Staff shall provide all interested parties with a copy of
the findings of fact and decision signed by the Secretary of the Committee, and notify
them in writing of their right to appeal the Committee's decision to the Commission.
Appeals shall be in writing, state the reason for the appeal and shall be filed within
fiyej5)days of the date of the notice by the Secretary.
(6) If no appeal has been filed:
(A) If the subdivision for which secondary approval has been requested, received
primary approval by the Committee, no appeal has been filed within teft(10 five
days of the date of the notice of the Committee's action, and all modifications
or conditions placed upon the subdivision by the Committee, if any, have been
complied with or corrected, the Staff shall give secondary approval to the
subdivision and affix the Commission's seal and certificate of approval on the
original drawing and record the subdivision per section 21-14.O4(c(10).
(B) If the subdivision for which secondary approval has been requested, received
primary approval by the Committee, no appeal has been filed within ten (10) five
days of the date of the notice of the Committee's action, and all modifications
or conditions placed upon the subdivision by the Committee, if any, have not been
complied with or corrected within two years, the Staff shall deny secondary
approval to the subdivision. The Staff shall provide written notice to the
subdivider signed by the Secretary of the Committee, which sets forth its reasons
for disapproval, and release the original drawing of the subdivision to the
registered land surveyor who prepared it.
(C) If the subdivision was denied primary approval by the Committee and no appeal
has been filed within tee(10) five 5 days of the notice of the Committee's action,
the Staff shall release the original drawing of the subdivision to the registered
land surveyor who prepared it.
(7)' If an appeal has been filed. If an appeal has been filed within ten(10) five 5 days of
the date of the notice of the Committee's action, the Staff shall announce the date,
time and place of the meeting at which the Commission shall consider the
subdivision, and shall give due notice in writing to all interested parties at least ten
(10) days before the date set for the hearing. The Staff shall prepare a report with a
recommendation for Commission consideration.
Section III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14, Subdivisions,
Section 21-14.05, Major Subdivisions, is hereby amended as follows:
(d) Major subdivision; primary review, appeal and approval procedure
(5) Notice of Committee's action. Within ten (10) five 5 days after the Committee's
acting on the subdivision, the Staff shall provide the subdivider with a copy of the
findings of fact and decision, signed by the Secretary of the Committee, and notify all
interested parties of the Committee's decision and their right to appeal the
Committee's decision to the Commission. Appeals shall be in writing, state the reason
for the a eal and shall be filed within five 5 days of the date of the Committee's
action on the subdivision.
(6) If no appeal has been filed:
(A) If the subdivision received primary approval by the Committee, and no appeal has
been filed within fm (18) five 5 days of the date of the moo€Committee's
action, the Staff shall affix the Commission's seal and certificate of approval on
the original drawing and one copy of the original drawing. The original drawing
shall then be released to the subdivider's registered land surveyor and the copy of
the original drawing shall be retained in the files of the Commission.
(B) If the subdivision was denied primary approval by the Committee and no appeal
has been filed within teft(1$) five 5 days of the ftofiee e f Committee's action, the
Staff shall release the original drawing of the subdivision to the registered land
surveyor who prepared it.
(7) If an appeal has been filed. If an appeal has been filed within ten(10) five 5 days of
the date of the netiee e Committee's action, the Staff shall place the subdivision on
the agenda of the Commission's first available meeting, mail due notice in writing to
all interested parties at least ten (10) days before the date set for hearing and give
notice of the hearing by publication in accordance with IC 5-3-1. The Staff shall
prepare a report with a recommendation for Commission consideration.
Section IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14, Subdivisions,
Section 21-14.06, Subdivision Replats, is hereby amended as follows:
(c) Subdivision replat; review, appeal and approval procedure
(5) Notice of Committee's action. Within 0) five 5 days after the Committee's
actions on the subdivision replat, the Staff shall provide all interested parties with a
copy of the findings of fact and decision signed by the Secretary of the Committee,
and notify them in writing of their right to appeal the Committee's decision to the
Commission. Appeals shall be in writiW state the reason for the appeal and shall be
filed within five 5 days of the date of the notice by the Secret
(6) If no appeal has been filed:
4
s
(A) If the subdivision replat for which secondary approval has been requested,
received primary approval by the Committee, no appeal has been filed within ten
(1- ) five 5 days of the date of the notice of the committee's action, and all
modifications or conditions placed upon the subdivision replat by the Committee,
if any, have been complied with or corrected, the Staff shall give secondary
approval to the subdivision replat and affix the Commission's seal and certificate
of approval on the original drawing, and record the subdivision replat per section
21-14.06(c)(10).
(B) If the subdivision replat, for which secondary approval has been requested,
received primary approval by the Committee, no appeal has been filed within ten
00) five 5 days of the date of the notice of the Ceommittee's action, and all
modifications or conditions placed upon the subdivision replat by the Committee,
if any, have not been complied with or corrected, the Staff shall deny secondary
approval to the subdivision replat. The Staff shall provide written notice to the
subdivider signed by the Secretary of the Committee, which sets forth its reasons
for disapproval, and release the original drawing of the subdivision replat to the
registered land surveyor who prepared it.
(C) If the subdivision replat was denied primary approval by the Committee and no
appeal has been filed within ten (10)five 5 days of the notice of the Committee's
action, the Staff shall release the original drawing of the subdivision replat to the
registered land surveyor who prepared it.
(7) If an appeal has been filed. If an appeal has been filed within te" (10) five 5 days of
the date of the notice of the Committee's action, the Staff shall announce the date,
time, and place of the meeting at which the Commission shall consider the
subdivision, and shall give due notice in writing to all interested parties at least ten
(10) days before the date set for the hearing. The Staff shall prepare a report with a
recommendation for Commission consideration.
Section V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14, Subdivisions,
Section 21-14.09, Administration, is hereby amended as follows:
(b) Vag Waivers
(1) ,
a
ir fnedifieation. The subdivider shall apply in vMting for-sueh va"'anee e
4
Should the subdivider clearly demonstrate that because of peculiar physical
conditions pertaining to his land or particular design considerations to enhance the
development of his land, the literal enforcement of one or more of the regulations of
this chapter is impracticable or will exact undue hardship., the Committee or
Commission may ermit such waiver or waivers that may be reasonable and within
_
thepurpose.general pu and intent of the rules, regulations and standards established by,and,,
this chapter.
Section Vl. This Ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
t j"
Member of the Common Council I
Attest: W I's onl
OPP011M; lbr pi"bl" 1 .tlt
City Clerk
GounCdl acid`s,Q-6*sr wm.
aN
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, at
o'clock M.
Mayor of the City of South Bend, Indiana
Filed in Clerk'.s b 1C
1
1st RirADING '� ,
PUBLIC NEARING JOHN VCOPnr
3 rd READING C:OTY CLERK,5Gl1TH;s. :--
NOT APPROVED
REFERRED
PASSED
JOHN w BYORNI
EXECUTIVE € IRECTOR
AIF
LARRY MAGLIOZZI
DEPUTY DIRECTOR
[AREA PI-.AN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W.JEFFERSON BLVD- ROOM 1 140 COUNTY-CIT`f BLDG. SOUTH BEND 1NDiANA 46601 (574) 235-9571
July 20, 2011
The Honorable Council of the City of
South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: An Ordinance of the Common Council of the City Of South Bend, Indiana, Amending
Chapter 21 of the South Bend Municipal Code, Article 9 Administration, Section 21-09.03
Board Of Zoning Appeals And Article 14, Subdivisions, Sections 21-14.04 Minor
Subdivisions,21-14.05, Major Subdivisions, 21-14.06, Subdivision Replats, And 21.-
14.09(B) Variances, City of South Bend. - APC#2598-11
Dear Council Members:
1 hereby Certify that the above referenced ordinance of was legally advertised on Thursday, July
7, 2011 and that the Area Plan Commission at its public hearing on Tuesday, July 19, 2011 took
the following action:
Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously
carried, the proposed ordinance lnitiatied by the Area Plan Commission, Amending
Chapter 21 of the South Bend Municipal Code,Article 9 Administration, Section 21-
09.03 Board Of Zoning Appeals And Article 14, Subdivisions, Sections 21-14.04
Minor Subdivisions, 21-14.05, Major Subdivisions, 21-14,06, Subdivision Replats,
And 21-14.09(B) Variances, City of South Bend is sent to the Common Council with
a favorable recommendation. These amendments are in response to House Enrolled
Bill 1311, which included numerous changes to the state planning and development
statutes.
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 Dade a part of this report.
Sincerely,
r�
hn W4. B orna
Y
JWB:jsc
Attachment
SERVFNG:ST.JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND
w ,stlosephcountyindiana.cani/Areaplan
„5,tall Report
AFC# 2598-11
Owner: APC Initiated
Location: Text Amendment
Jurisdiction: City of South Bend
Requested Action:
The requested action is a text change, amending Chapter 21 of the South Bend Municipal Code,
Article 9 Administration, Section 21-09.03 Board Of Zoning Appeals and Article 14,
Subdivisions, Sections 21-14.04 Minor Subdivisions, 21-14.05, Major Subdivisions, 21-14.06,
Subdivision Replats, and 21-14.09(B) Variances.
Additional information:
Section I of the proposed ordinance amends the section of the zoning ordinance pertaining to the
powers of the Board of Zoning Appeals. State statutes now give the Board the authority to place
conditions upon the approval of variances.
Sections II, III, and IV change the time frame for appealing subdivisions from 10 days to five
days. Section V authorizes the Plat Committee or the Plan Commission the right to grant waivers
from requirements of the subdivision ordinance.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the
amendments of the City of South Bend Zoning Ordinance be forwarded to the City of South Bend
Common Council with a favorable recommendation.
Analysis:
These amendments are in response to House Enrolled Bill 1311, which included numerous
changes to the state planning and development statutes.
APC Initiated
#2598-11
Page 1 of I
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 I. The Common Council of the City of South Bend having held
a public hearing on the petition to vacate the following property:
The first 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
o€ 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 60 feet.
All four vacations are located in the Northwest Addition, 3`d 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 11. 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 111. 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. I
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 touncil
Attest:
iV-
City Clerkt�G � `oft
r
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
; .. "s Office I
PU5tk1 WARRgd
NOT APPROVE) ET�t5's0�'
t,EFERRED :✓
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Ll -j o jro . ..w--LEGAL DESCRIPTION:
SEND,lid
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 50 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.
r
cels County Parcels
Rec PARCELID NAME_I MAILINGADD MAILINGCIT MAILI MAILING
NGST ZIP
^ MILLEk MARY A&RUTH A AMOS 1134 Rose St
South Bend IIN 1 46616
'M MM MILLER MARY A&RUTH A AMOS 1134 Rose South Bend IIN 1 46616
..01-4 WN ME MILLER MARY A&RUTH A AMOS 1134 Rose South Bend IN 46616
MILLER MARY A&RUTH A AMOS 930 W Rose St South Bend IIN 1 46616
Highland
5 018-2110-406702 VARIN/SOUTH BEND RSN LLC 1694 First St Park 1IL 60035
AMOS RUTH 1134 W ROSE South Bend
IIN 1 46616
BORDERS WILBER J AND M
71018-2162-5934 JEANMISC 946 Roosevelt St South Bend IIN 1 46616
Q7811� , a9� 4Qf HARTMAN STEPHEN B&RENEE L P.o. Box 943 Bristol liN 1 46507
01 = 59:3402 BOXLER RICHARD 2912 W Warren Blvd Chicago 1IL 60612
Q18=
251018-2162-593604 IRIN/SOUTH ARKS RICK C TERRACE* Saint Joseph MI 49085
26 018-2162-593605 IGER JANET A 802 Roosevelt South Bend IN 46616
E �x Highland
0 BEND RSN LLC 1694 First St Park !L 60035
g TER, INC. 403 E Madison South Bend IN 46617
Lffe
1316 COUNTY--CITY B.UILDING : \ x PxoNE 574/235-9251
227 W jupmwN Boutx'vmr) U ���� ;���'��+ FAX 574/235-9171
SOUTH BEND,INDIANA 46601-1830 � °_ ' 2 TDD 574/235-5567
� A
1855
CITY OF SOUTH BEND STEPHEN J. LuF-cKE, 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 LITTRFLL
PRE5IDZNT MEMBER MEMBER
$pUTRg�,
%01FJII;j/���p
1316 COUNTY-CITY BUILDING .+\ jz,- PHONE 574/235-9251
227W.JEFFERSON BOULEVARD AI ^'� FAX 5741235-9171
SOUTH BaND,INDWiA 46601-1830 ��� TDD 574/235-5567
Y �
QTY OF So T H BEND STErmEN J. LuEcKE, MAYOR
BOARD OF PUBLIC WORKS
December 13,2010
Ms. Mary A. Miller and Ruth A. Amos
930 Rose Street
South Bend, Indiana 46616
RE: Alley Vacation— The Square Block Encompassing the First and Second North/South AIleys 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 flan stated that the vacation would not hinder the growth or orderly development of the unit or
neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the
lands of the aggrieved person by means of public way difficult or inconvenient. 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 -your radius map. You will
need a radius trap 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,Clerk
c: Federico Rodriguez, Fire Department
Tony Molnar,Engineering
Janice Talboorn,City Clerk's Office
Carl Littrell,Engineering
GARYA.GIL4T,P.E. DONALD E. INKS JOHN H.MuujiY
PRESIDENT MEMBER MEMBER
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Page 1 of I
Nancy Schrader - Street and Alley Vacation Recommendation - Rose Street
From: Nancy Schrader
To: Memo-Vacations
Date: 10/12/2010 11:40 AM
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 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 originatty addressed. Any use by others is strictly prohibited.
file:XMocuments and Settings\NTJSCHRAD1Loca1 SettingslTemp\XPgrpwise14CB4491,,. 10/12/2010
(10/12/2010) Linda Martin Re Street and Alley Vacation Recommendation Rose Street Page 1
From: <pmgriffin@NiSource.com>
To: "Nancy Schrader"<NJSCHRAD @southbendin.gov>, <Imartin@south bend in.gov>
Date: 10112/2010 1.06 PM
Subject: Re: Street and Alley Vacation Recommendation-Rose Street
Attachments: 845C-510101211330.pdf
NIPSCO has no objection to this street and alley vacation request.
Philip M. Griffin
NIPSCO Project Engineer
South Bend Local Operating Area
Office Phone: 574-284-2214
Mobile Phone: 574220-3804
FAX: 574-2$42220
"Nancy Schrader"
<NJSCHRAD@southbe
ndin.gov> To
<jbyorni @co.st joseph•in.us>,
10/1212010 11:39 <pmgriffin @nisource.com>, "Andre
AM Price"<APR)CE@so uth bendin.gov>,
"Chris Dressel"
<CDRESSEL @southbendin.gov>, "Cheryl
Greene"<CGREENE@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@seuthbendin.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,in,
574-235-7564(0)
574-235-9305(F)
fro riQg@southbendin aov_
>>> Nancy Schrader 10/12/2010 1L39 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 Send, 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.
--------------------------------------------------
MIT
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 (lbyornL@co.st-
i9seph.in,us or 235-9813 fax)
Stephen Goen, Police Department
Cheryl Greene, City Attorney's Office
Phil Griffin, NIPSCO (pm riffin nisource.com) (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: 10/25/2010
FAX OR E-MAIL TO: 235-91 T1 I Imartin southbendin. ov
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 AI/ dy / �
Page of
Nancy Schrader - Re: Street and Alley Vacation Recommendation - Rose Street
Fromm: Chris Dressel
To: Nancy Schrader
Date: 10/23/2010 10,39 AM
Subject: Re: StneetandAUeyVacabonRecommendati#n - Rose Street
Attachments:
_............._____---'--____-____
Recommended for approval.
Christopher D. Dresse|
Planner
City of South Bend
Division oy Community Development
12OO County-City Building
337VV.Jefferson
South Bend, IN4668l
Phone. 574-235-5847
Fax. 574-235-9697
>>> Nancy Schrader 10/12/2010 11:39 AM >>>.
Please provide your recommendation.
Thank you,
Nancy Schrader
City nf South Bend
Department of Engineering and Board Vf Public Works
227 West Jefferson, Room 1318
South Bend, Indiana 46601
Office: (S74) 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.
'
file://C:\Docuwents and SettingsWSCHRAMLocal 8etd ,. 10/35/2010
ouTx��
1400 CouN Y-07 Y Btnmwr_
227 W.JEFFnsoN BOULEVARD PHONE 574J 235-9241
TA Fax 5741235-7670
Soum BENI),INDrANA 4 6601-183 0
■ x
1865
CITY of SoLT H BFND STEP14FN J. L€IECKE, MAYOR
DEPARTMENT OF LAW
04ARLEs S. LEONiw ALADFAAN M. DERosE
CITYAT'TORNEY CHXFF Ass3sTANr CITYATTORNEY
July 19, 2011
Mr. Derek Dieter
President, South Bend Common Council -
4"' Floor, County-City Building
South Bend, IN 46601
Re: Ordinance Authorizing the Sale of a Portion of Voorde Park
Dear President Dieter:
At its July 18, 2011 meeting, the Board of Park Commissioners authorized the sale of Lot
1 Voorde Park Minor Addition to the highest qualified bidder, Hoosier Tank and Manufacturing,
Inc., for $60,300.00. This was done pursuant to published notice and in accordance with Indiana
Statutes. Pursuant to I.C. 36-10-4-18, the South Bend Common Council has the final say on the
transfer of this property. Because of nearly simultaneous transactions, the size of Voorde Park,
even after this sale will be larger than it was prior to this year.
Bill Schallioi will make the presentation at the appropriate committee meeting and the
regular meeting.
Very truly yours,
Thomas L. Bodnar
Assistant City Attorney
TLBIcw
C 7WrFrk�,s- _,0_
2011 ul
Im
E
THOMAS L. BODNAR CuRRYL A. GREENE ANN-CAROL NASH
ANDREA L.BEACHKOFSKY LAWRENCE J.MFTFTVER JEFFREY L. SANFORD JOHN E. BRODEN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, TO TRANSFER.A PORTION OF VOORDE PARK TO HOOSIER TANK
AND MANUFACTURING,INC.
STATEMENT OF PURPOSE AND INTENT
The City of South Bend desires to preserve adequate park land for its citizens, but also
wishes to encourage economic development. To accomplish both purposes, the City believes it
would be beneficial to transfer the western portion of Voorde Park to Hoosier Tank and
Manufacturing, Inc. The acquisition of a larger parcel of property on the east side of Voorde
Park will allow the City to transfer this property and yet maintain a larger Voorde Park than
previously existed.
In order to accomplish this, the Board of Park Commissioners of the City of South Bend
duly advertised and published on June 24, 2011 and July 1, 2011, in accordance with I.C. 5-3-1,
a Notice to Bidders for the property described as:
Key No. 18-2184-693820
Lot 1 Voorde Park Minor Addition
One bid was received, and it was from Hoosier Tank, Inc., in the amount of$60,300.00, which is
90% of the appraised value of the described property. The Park Board approved the sale. The
Common Council under I.C. 36-10-4-18 has the final authority to transfer park land.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND as follows:
Section 1. A portion of Voorde Park known as Lot 1 of Voorde Park Minor Addition
is transferred to Hoosier Tank and Manufacturing, Inc., for its own use.
Section 11. Pursuant to I.C. 36-10-4-18 the proceeds from the sale of Lot 1 Voorde
Park Minor addition shall be credited to the Park Department and the proceeds shall be expended
for the improvement of the remaining park land or purchase of other land for park purposes.
Section III. The mayor of South Bend shall execute a deed effectuating transfer of the
subject realty from the City to Hoosier Tank and Manufacturing, Inc., upon receipt of sale
proceeds.
Section IV. This Ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the Mayor.
Member, South Bend Common C ncil
I
G � 'w
end acfion on tvis MM
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
�n
Filed to CIerk'S Office
#st READING _Z� JUL 'i u 2011
PUBLIC HEARING
'3 rd READING JOHN VOORDE
NOT APPROVED CITY CLEFIK,EOUTR SEND,P` v
REFERRED
PASSED
SpU T.
Wit V
CITY OF SOUTH BEND STEPHEN J. LUECKE,MAYOR
DEPARTMENT OF ADMINISTRATION & FINANCE
GREGG D.ZIENTARA
CONTROLLER
June 24,2011 `
Mr. Derek Dieter
President, South Bend Common Council
0 Floor, County-City Building
South Send, 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 Park project amounting to
$1,000,000. 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, 2nd 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: 574/235-5567
Mayor Luecke will present the two (2) Bills 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 n ra
cc. Stephen J. l_uecke, Mayor of the City of South Bend
Phil St. Clair, Director Parks& Recreation
Filed in dlerk's O ficc
JUN 9- 7 2011
L
CITY CLERK,SOUTH SEId� D,IN �
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 I. The sum of$1,000,000.00 is hereby appropriated and set aside within
EDIT Fund #408 for purposes of investment in Miracle Park,
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
Member of the Common Coun it
Attest:
JC
hOft
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock m.
City Clerk
Approved and signed by me on the day of , 2 , at
o'clock m.
t-2--J-t' Mayor, City of South Be
READING
.J ru' (\rArDINIG ��1
t40T APPROV0, 41,
EPRE
RESOLUTION_NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA,
APPROVING A PETITION OF THE SOUTH ]BEND
BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
3520 N. BENDIX DRIVE
WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice
pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board
of Zoning Appeals for approval or disapproval; and
WHEREAS, the Common Council must take action within sixty(60) days after the Board of
Zoning Appeals makes its recommendation to the Council; and
WHEREAS,the Common Council is required to make a determination in writing on such
requests pursuant to Indiana Code Section 36-7-4-91$.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:
3520 N. BENDIX DRIVE
in order to permit
A TATTOO ESTABLISHMENT IN A "CB" DISTRICT
SECTION II. 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:
L 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
f 11
JUN ? 2011
CITY Cis:,
PkESENTED
NOT APPROA0
Petition for: Tattoo Establishment
Address for Stacie Davis
1517 Viking dr South Bend IN 4662$
574 220-5601
Location of Property in Petition
3520 N Bendix South Bend IN 46628
574 273 4830
Seeking a special exception to allow a Tattoo Establishment in a "CB"
District. Which will be used only to do Permanent Makeup in a Salon/Spa
Establishment performed be a Licensed esthetician and a Certified
Permanent Makeup Technician.
Seeking a variance from a required 500' feet from a religious use to 0'
The proposed use will not be injurious to the public health, safety,
comfort, community moral standards, convenience or general welfare. It will be
not used as a tattoo parlor. The use will only be for permanent makeup ( such
as eyebrows, eyeliner, lip liner ) And will not be advertised as a "tattoo"'The
used is for people how have lost their eye brow and ect from medical and or
hereditary reasons.
The proposed use will not injure or adversely affect the use of the
adjacent area or property values therein. The used will help the property
values be attracting a higher end clientele to the area as the location is a high
end salon/spa establishment
The proposed use will be consistent with the character of the district in
which it is located and the land uses authorized therein . It will not be used as
a tattoo parlor. Only to do permanent makeup and Bring in a higher end
clientele to the area.
The proposed use is compatible with the of the City of South Bend
Comprehensive Plan
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PARCELID NAME_1 MAILINGADD MAILINGCIT MAI INGS MAILI 1
TA P
GOODWILL INDUSTRIES OF
025-1014-024306 MICHIANA INC P O Box 3128 South Bend IN 46619
NOIRE DAME FEDERAL CREDIT
1025-1014-024305 UNION 19033 Douglas Rd Noire Darn. IN 46556
025-1014-024304 GMS REALTY INC !P.O.Box 4056 South Bend IN 46634
1025-1014-024307 JALDI(INDIANA)LP 1197 E Division Rd Valparaiso IN 46383
025-1014-024003 CALVARY BAPTIST CHURCH 21941 Cleveland Rd South Bend IN 46628
1025-1'014-024004 KANE PROPERTIES LLC 3545 N Bendix Dr South Bend IN
TPROIB CE CORPORATION 112004
025-1014-0244 D LEGAL I NCORRECT P O Box 1602 TH
46634
025-1024-068301 TDM DEVELOPMENT LLC 2640 Golden Gate Pkwy Ste 102 34105
DCWI TWO LLC%WALGREEN
025-1024-0683 COATTN:TAX DEPT STORE#9220 IP O BOX 901 STR 9220 Deerfield IL 60015
JOHN W. BYORNI
"= EXECUTIVE DIRECTOR
LARRY..MAGLIOZZI
:. DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST . JOSEPH COUNTY , IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDJANA 46601 (574) 233=9571
June 28, 2011
Area Board of Zoning Appeals
125 S. Lafayette, Suite 100
South Bend, Indiana 46601
RE: Area lobrd of Zoning Appeals Meef nq
Dear Board Members:
The follows g comrnents.are.being made concernin, sorne of the i'Pms to be he:drd,at,fhe
Area Board of Zoning Appeals meeting on Wednesda J 1, 6 0l.l. The absence.of'
comment on any particular item should not be construed to mean that the staff agrees with
the request.
Varlanges
A variance from any of the development standards of the Zoning Ordinance may only be
approved upon the Board of Zoning Appeals making a written determination and adopting
appropriate Findings of Fact, based upon the evidence presented at a public hearing, that.
(1) The approval will not be injurious to the public health, safety, morals and general welfare of
the community;
(2) The use and value of the area adjacent to the property included in the variance will not be
affected in a substantially adverse manner, and,
(3) The strict application of the terms of this Chapter would result in practical difficulties in the use
of the property.
1. The petition of David & Antoinette Panaude.
The staff recommends denial of variance #2 for the Type B landscaping along the south, west
and southeast property lines. The Type B Partial Screening landscaping is intended to create a
partial visual and sound barrier on lots where the operations may adversely impact adjacent
properties. At the very least, we would like to see the evergreen screening on the south side of
the new addition to protect the neighboring residential properties.
S. The petition of Douglas M. Dodd b Karen 8bumanh-Dodd.
The staff recommends denial of the variance for a 6' privacy to be located within the required
25' front yard setback along Dunn Road. Per the 'New`Carlisle zoning ordinance, a side yard
on a corner lot shall be considered a front yard when regulating fence height and location.
Fences located within a required minimum front yard are restricted to 3' to 4' in height
depending.on the open space percentage of�the -fence.
Allowing a 6' privcicy fence to be located only 3' from the property fine and 13' feet from the
curb line would be out of character with the adjacent residential neighborhood. the intent of
SERVING ST, JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA, & ROSELAND
WWWATJOSEFHCOUNTYINDIANA.COM
limiting the height of fences in residential front yards is to establish an open anda;inviting
.neighborhood for both the nearby residents and general public. A 6' high fence at,this higt"fy
visible corner and entrance into the residential area would not aid in creating such an
environment. Also, there are no privacy fences in any of the front yards along Dunh'`Road to
the west.
The proposed fence would greatly reduce visibility along Dunn Road. Vehicles heading south
along Race Street and turning westerly onto Dunn Road would be difficult to see for any
vehicle backing out of the residential drives along the north side of Dunn Road especially for
the immediate residence to the west.
6. The petition of Chris & Teresa Rhoden.
The staff recommends denial of the proposed attached accesspryystrugture,. Per ordinance,
an attached accessory structure shall be no larger than'the floor area of the dwelling unit,
which in this case is 1,116 sq. ft. The intent is that the combined residential- living.areas of a
structure still remain the dominant use within the total structure so that the residential
appearance_remain structure +s rraintcined `°'Th'ere fir ' no art e x ttacl ed ° 'r$aetact�ed
accessory structures cf-"this size present and/or visible iri the ' M' didte°areet.? Therefore,
restricting'the size of these accessory structures in residential neighborhoods is appropriate.
7. The petition of Sarah Trainor.
The staff recommends denial of all the requested variances for reduced lot area, frontage,
and width for two proposed lots on property zoned A Agricultural District. Currently, one 2.5
acre parcel exists upon which a new home could be constructed. The previous home that
was located on the site was recently demolished.
The primary intent in establishing the agricultural district was the preservation and protection
of St. Joseph County's farming community. Preventing and possibly reducing singular
residential uses on lots less than 20 acres clearly supports this important County policy.
Although the petitioner may suggest that a 1.275 acre reduction in farmland is minimal, the
cumulative result of dozens of similar variance requests over several years would add up to
substantial acreage. The new lot proposed to be subdivided would ,not be split off from
unusable, or currently unused, farm acreage. Allowing an additional'lot to be subdivided for
another house would therefore take agricultural land out of production and would not meet
the intent of the agricultural district to both preserve farmland and protect agricultural areas
from the encroachment of scattered urban-type uses.
4. The petition of Kevin & Margaret Lynch.
The staff does not have any objection to the requested variance. However, if approved, the
approval should be subject to combining the remnant approximate 1 1.7 .acre south of
Kartoffei Creek, which will become landlocked, with the adjacent parcel to the south via a
subdivision plat or recorded deed.
94. The petition of Hoosier Tank&Manufacturing,inc,
The staff does not have any objection to the requested variances. However, it should be
noted that in addition to planting Type "A" open landscaping along the eastern property line,
six white pines 6' in.height are also proposed adjacent 16 the truck parking area. These pines
should adequately buffer the parking area from Voorde Park to the east.
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA, & ROSELAND
W W W,STJOSEPHCOIJNTYtNDlANA.COM
h
Y
Spgciai;Excent10„0:SpP„gia1,.Use
A sppcial. use may only be granted upon making q written determination and adopting appropriate
Findings of Fact, 6a'sed upon the evidence presented at a public hearing, that:
(1) The proposed use will not be injurious to the public health, safety,yco {p } community moral
standards, convertiehce or general welfe`re;
(2) The proposed use will not injure or adversely affect the use of the'pdjdcent Area car property
valves the'r'ein
(3) The proposedusei;will be consistent with the charactdr 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 Comprehensive Plan.
15. The petition of St. Joseph County.
The staff recomm ends the:petition fora Special Use.--be,sent to the St. Joseph County Council
with a favorable recommendation.
(iJ The proposeduse will not b.e inturious;to the public teplth, safety; corr7fort; community
moral standards, convenience or general welfare;
S Teri#ion �n,tile pt�tion, is ptoperty has bee cUpd by4Heaithw�r� as a ,-
convalescent, nursing, rest home:and:hospital for-over l OX years andffor ail:intent and
purposes as been a good neighbor. .The;;approximote 35 acre site is large enough to
accommodate all proposed building renovations and additions and site improvements
without compromising the intent of this standard.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
A majority of the proposed improvements will remain well away from the adjacent
property lines. The new parking and retention basin will be well landscaped and will
therefore have minimal impact on any adjacent property use or value. Adjacent uses
include Clay Township Park (recreational use) to the north, the St. Joseph River to the
west, lzaak Walton League (conservation and recreation) to the south, and single-
family residential to the east.
(3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein,
The existing facility and proposed improvements will be consistent and compatible with
the character of the adjacent recreational and residential uses.
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan,
The Comi2rehensive Plan for South B nd ,and St. Josel2h C unt Indiana Aril 2 02
does not have a specific recommendation for this parcel.
The staff recommends approval of the requested variances. The proposed additional
landscaping adjacent to several of the building additions and a ,screening mound and
landscaping adjacent to the expanded parking area.will meet the intent of the ordinance
and will adequately buffer the property.
16. The petition of-Jane Andresen.
The staff recommends the petition for a Special Use be sent to the St. Joseph County Council
with an unfavorable recommendation.
(1) The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare;
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVlLLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND
W W W.5T#0SEPHC0UN7YIN01ANA.00M
Although the petitioner is current(y_proposing that:only 7 dogs be permitted upon the
property, the approval of this special use could potentially result_ in a full fledged kennel
operation for any subsequent owner. Such an operation would-be inaorhpatible in this
primarily residential area.
(2) The proposed use will not injure or adversely a,Ffect the Use pf the tC7djpcenfi-arep or
.Pr orty.values tF eretr?
The proposed use as a kennel would negatively affect both the residentrai
,us '_
.property values of the adjacent-area especially since all the required,setbacks.cannot
be met. The dogs have already caused an adverse effect within�the area since this
petition was-submitted after a complaint was filed by a neighbor,
(3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
A kennel use'-ors only a 3.5 acre�pdre'e[in a-residential area I's not abnsis tan t,With the
character of the area and the adjacent land uses. ,. ! ,
(4) The�proposed use is--compatible with th'e recammerMdotions of.the Comprehensive
Plan.
hey Cora 8 rehehsive: t. dose =`Count In rarrai A ril 002
does not have a-specific recomrner ddtion fof thrs parcel:'
in conjunction with the unfavorable recommendation for the proposed use, the staff is
recommending denial of the proposed variances.
if the Board desires to forward this to the Council with a favorable or no recommendation,
Staff recommends that the approval be subject to a commitment restricting the number of
dogs.
17. The petition of Stacle Davis.
The staff recommends the petition for a Special Use be sent to the City of South Bend
Common Council with a favorable recommendation.
(1) The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare;
The proposed use to apply permanent makeup is only one of the services available at
this salon and day spa. The use will be similar to any other salon or day spa operating in
the city.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
Since the use will not be advertised or operate like a traditional tattoo parlor and is
located in primarily a commercial area, the use is not anticipated to negatively affect
the use or values of the adjacent area.
(3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized=therein;
The surrounding area is primarily commercial with the exception of the church to the
northwest, which is zoned CB Community Business District. Adjacent commercial land
uses include financial institutions, medical offices, grocery stores,-fast foot restaurants,
and other retail establishments. The proposed,use is consistent with these existing ,,
adjacent uses, and the other permitted uses allowed within CB Community Business
District.
SERVING ST. JOSEPH COUNTY. SOUTH BEND. LAKEVELLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELANI]
WWWATJOSEPHCOUNTY)NDIANA-COM
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235-9554
FAx. (574) 235-5541
July 7, 2011
The Honorable Common Council
of the City of South Bend
4th Floor, County-City Building
South Bend, Indiana 46601
RE: Petition for Special Exception of Stacie Davis
ABZA 716111
Dear Council Members:
The above referenced petition of Stacie Davis was legally advertised on June 24, 2011. The
Area Board of Zoning Appeals gave it a public hearing on July 6, 2011 , at which time the
following action was taken:
Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried,
the petition for Special Exception to allow a Tattoo Establishment in "CB" Community
Business District, on property located at 3520 N. Bendix Drive, is sent to the Common
Council with a Favorable Recommendation.
The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the
above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a
later date, to be made part of this report.
Sincerely,
Charles C. Bulot, C.B.Q.
Building Commissioner
CCB/cah
DAVIS
SPECIAL EXCEPTION PURSUANT 21-09.3(D)
AREA BOARD OF ZONING APPEALS
FINDINGS QF FACT
1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT,
COMMUNITY MORAL STANDARDS,CONVENIENCE OR GENERAL WELFARE BECAUSE:
Development and use as presented will comply with all building, fire safety,traffic, and parking regulations as to
not being injurious to the public health, safety, morals,-and general welfare of the community.
2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT
AREA Olt PROPERTY VALUES THEREIN BECAUSE:
The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding
properties.
3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH
IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE:
Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property.
4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH
BEND CONIPREHENSZVE.PLA)V BECAUSE:
It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating
from it's intent.
CONDITIONS OR REVISIONS:
DECISION
IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South
Bend Common Council with a. FAVORABLE RECOMMENDATION
ADOPTED this 6th Day of JULY, 2011.
YES NO
0 MICHAEL URBANSKI
ABSENT RANDALL MATTHYS
JACK YOUNG,
0 GERALD PHIPPS
D ROBERT HAWLEY
ABSENT JOE VELLEMAN
ARSE T BRENDAN CRUML1SH
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
1122 Notre Dame Avenue
AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A
(5) FIVE-YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR
JOHN AND JENNIFER SEJDINAJ
WHEREAS, a Statement of Benefits and a petition for residential real property tax
abatement have been submitted to and filed with the City Clerk for consideration by the
Common Council of the City of South Bend, Indiana, requesting that the area commonly known
as 1122 Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as
follows:
Real estate in St Joseph County, in the State of Indiana described as Lot lettered B in E &M
Goerner Replat as per plat thereof recorded May 19, 1988 as Instrument 8812958 in the Office of
the Recorder of Saint Joseph County, Indiana.
and this property has Tax Key Number 18-5105-3666, be designated as a Residentially
Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq.,and South Bend
Municipal Code Sections 2-76 et seq., 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 a Residentially Distressed Area under Indiana Code 6-1.1-
12.1, et seq., and South Bend Municipal Code Sections 2-76, et sew., 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 a Residentially Distressed Area.
I
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I . The Common Council hereby determines and finds that the petition for real
property tax abatement and the Statement of Benefits form meet the requirements of Indiana
Code 6-1.1-12.1 et sect., for tax abatement.
SECTION 11. The Common Council hereby determines and finds that the area meets one of the
following conditions as formally established in Ordinance No. 9394-03, which was passed on
February 10, 2003:
A. The area is comprised of parcels that are either unimproved or contain only one
(1) or two (2) family dwellings designed for up to four (4) families, including
accessory buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently
occupied or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as
documented by census information, local building and demolition, permits, or
certificates of occupancy, or the areas are owned by Indiana or the United States;
or,
G. The area (plus any areas previously designated under this subsection) will not
exceed ten percent (10%) of the total area within the Council's jurisdiction.
SECTION 111. The Common Council also hereby determines and finds the following:
A. That the description of the proposed redevelopment meets the applicable
standards for such development.
B. That the estimate of the value of the redevelopment is reasonable for projects of
this nature;
C. That the other benefits about which information was requested are benefits that
can be reasonably expected to result from the proposed described redevelopment;
and
D. That the totality of benefits is sufficient to justify the requested deduction, all of
which satisfy the requirements of Indiana.Code 6-1.1-12.1-3.
2
E. The deduction will not be allowed unless the dwelling is rehabilitated to meet
local code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is completed
within five (5) calendar years from the date of the adoption of this Resolution by
the Common Council.
SECTION IV. The Common Council hereby determines and finds that the proposed described
redevelopment can be reasonably expected to yield benefits identified in the Statement of
Benefits and the petition for real property tax abatement consideration and that the Statement of
Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction
granted under Indiana Code 6-1.1-12.1-3.
SECTION V. The Common Council hereby accepts the report and recommendation of the
Community and Economic Development Committee that the area herein described be designated
as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a
Residentially Distressed Area for purposes of real property tax abatement.
SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5)
calendar years from the date of the adoption of this Resolution by the Common Council.
SECTION VII. The Common Council hereby determines that the property owner is qualified for
and is granted property tax deduction for a period of five (5) years.
SECTION VIII. 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 IX. Pursuant to Indiana Code 6-1.1-12.1-2,the rehabilitation must meet all local code
standards for habitability as a specific condition of having such property designated as a
residentially distressed area.
SECTION X. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Member of the Common Cour
St*9 of Ws blu is only to pme"3 a,,,
Oppwtw y for Pu�;J he� Filed I .".,
9i
Cou x' -.'
NOT. ��PgROVEt) C!E'1fLRK,3 @t!T' tp,1i
1200 CouNiy-CiTV Butu)iNC PHONE 5741235 9371
227W.JeF easoN BovLevAa� .
PEACE � � FAx 5741235-9021
�,
SauTI]Berm,INDIANA 46601-1830
a ✓x
1865
CITY OF SOUTH BENZ] STEPHEN J. LuF-cu, MAYOR
COMMUNITY & ECONOMIC DEVELOPMENT
.JFFFREY V. GIBNEY
ExECUTIVE DIRECTOR
July 6, 2011
Council Member Timothy Rouse, Chairperson
Community & Economic Development Committee
South Bend'Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Residential Real Property Tax Abatement Petition for:
Sejdinaj, John and Jennifer
Deal-Council Member Rouse:
Please find attached the Department of Community & Economic Development's report on a residential
real property tax abatement petition submitted by Dale DeVon, Agent for John and Jennifer Sejdinaj, to
build a single-family home at 1122 Notre Dame Avenue. 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 proposes to
build a single-family home at a cost of$600,000. The project meets the qualifications for a (5) five-year
real property tax abatement. The petitioner will be available to meet with the Committee on Monday,
July 25, 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,
CW (PI ai/c,
Kathy Hahn
Economic Development Specialist
Attachments
cc: South Bend Common Council Members
Mayor Stephen Luecke
Jeffrey Gibney
Don Inks
COMMVNay DEVe1.011MENT EcoNoM1C DEVELOPMENT FiNANcm&NoGmm
PAMELA C.MFYBR DONALD E.INKS MANAGEMENT
5741235-9660 574/235-9371 ELIZABETH LEONARD
FAX: 5741235-9469 574/235-9371
TAX ABA TEMENT REPORT
TO: SOUTH BEND COMMON COUNCIL
FROM: KATHY HAHN
SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR:
John and Jennifer Sejdinaj
DATE: July 6, 2011
On July 3, 2011, a petition for residential tax abatement consideration for real property located at 1122
Notre Dame Avenue was filed with the City Clerk by Dale DeVon, Agent for John and Jennifer Sejdinaj.
Pursuant to Chapter 2, Article 6, Section 2-77.1 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 a Residentially
Distressed Area pursuant to I.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(a copy of which is
attached), investigated the area, and makes the following report.
PROJECT DESCRIPTION
Dale DeVon intends to construct an approximate 3,000 square foot residence for John and Jennifer
Sejdinaj. The home will have four bedrooms with 3 1/2 bathrooms along with a partially finished
basement, a two-car garage, and a screened in porch. The project is part of the Notre Dame Avenue
Housing Program and as such will follow the design specifications and standards required by that program.
The cost of the home will be approximately $600,000. Total taxes to be abated during the (5) five-year
abatement period are estimated at $1,893.34 . Total taxes to be Raid during the (5) five-year abatement
period are estimated at $31,837.55 .
South Bend Common Council
RE: Sejdinaj, John and Jennifer
July G, 2011
Page 2
ABATEMENT QUALIFICATION
1. A review of the tax abatements previously granted finds that the petitioner has not been associated with
or been granted any previous tax abatements.
2. The Building Commissioner has reviewed this 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
Northeast Neighborhood Development Area,which is a Tax Incremental Allocation Area; therefore,
approval of the tax abatement petition by the South Bend Redevelopment Commission is required. In
addition, it must be noted that the property is not located within the Northeast Neighborhood's
residential TIF area.
4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the
qualifications for a (5) five-year residential tax abatement under Section 2-77.1, Single Family
Residential Construction.
5 YEAR 7-Jul-11
John and Jennifer Se'dina'
South Bend Portage Township Residential Real Property Tax Abatement Schedule*
Estimated Project Cost:
Assessed Value: Total Taxes Tax Abated*" Tax Paid***
STRUCTURE(%AV of cost)`3 85 f)/o 51.0,000.00 510,000.00 510,000.00
LAND Value 10,000.00 NIA NIA
Gross Assessed Value 520,000.00 510,000.00 510,000.00
Less Mortgage Exemption (3,000.00) (3,000.00) (3,000.00)
Less Homestead Deduction (45,000.00) (45,000.00) (45,000.00)
Less Supplemental Homestead Deduction _(166,2_ 50.00) (166 250.00) (16fi 250.00)
Base Assessed Value 305,750.00 295,750.00 295,750.00
Less Maximum Abatement Deduction N/A NIA (74,880.00)
Less Non-Abated Amount NIA (220,870.00) NIA
Plus Land Assessed Value N/A NIA 10,000.00
Net Assessed Value 305,750.00 74,880.00 230,870.00
Property Taxes:
Assume constant tax rate of 4.4598% 4.4598% 4.4598%
Gross Tax(tax rate x net assessed value) 13,635.84 3,339.50 10,296.34
Less State&County Homestead Credit: 18.6246% 2,539.62 621.97 1,917.65
Tax Due Before Circuit Breaker 11,096.22 2,717.53 8,378.69
Less Circuit Breaker Credit 4,350.04 2,338.86 2,011.18
Net Tax 6,74618 378.67 6,367,51
Circuit Breaker Cap
Circuit Breaker 1.0000% 5,200.00 5,100.00 5,200.00
Debt Service 0.5057% 1,546.18 378.67 1,167.51
Circuit Braker Cap 6,746.18 5,478.67 6,367.51
Net Total
Assessed Taxes Tax Tax
Year Value Due Abated Paid
1 305,750.00 6,746.18 378.67 6,367.51
2 305,750.00 6,746.18 378.67 6,367.51
3 305,750.00 6,746.18 378.67 6,367.51
4 305,750.00 6,746.18 378.67 6,367.51
5 305,750.00 6,746.18 378.67 6,367 51
5 year totals: 33,730.89 1,893.34 31,837.55
`This schedule is for estimation purposes only and assumes constant tax rates. The true tax values
wilt ultimately be determined by the actual assessed valuation and the then current tax rates.
**Tax Abated is capped at$74,880 of assessed value of structures only and does not include land
assessed value.
***Tax Paid is calculated using the difference between actual assessed value of structure and
maximum abated portion of$74,880 and adding back the land assessed value.
ESTIMATED TOTAL TAX REVENUE
Johan and Jennifer Sejdinaj
LAND* BUILDING** TOTAL
Year 1 $1,766 $6,367 $8,133
Year 2 $1,766 $6,367 8,133
Year 3 $1,766 $6,367 8,133
Year 4 $1,766 $6,367 8,133
Year 5 $1,766 $6,367 8,133
Total $8,830 $31,835 $40,665
'Current tax levy
**Additional tax revenue from new Investment
CITY OF SOUTH BEND, INDIANA
PETITION FOR RESIDENTIAL 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 Residential Real Property tax abatement consideration
and pursuant to I.C., 6-1.1-12.1-1, et seq., and South Bend Municipal Code Sec. 2-76 et sect., for this
petition states the following:
i. Describe the proposed construction project,including information about square footage, numbers of
rooms, amenities, the amount of land to be used, the proposed use of the improvements, and a
general statement as to the importance of the project (use additional sheet for long project
descriptiops): ,f 1 /�
^
u fv� ,ti ,5 �`4��
2. E timate the dollar value of the construction project (do not include land cost):
$ 6 0 .--
3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be
owned by the following individual(s) or corporations (if the business organization is publicly held,
indicate also the name of the corporate parent, if any, and the name under which the corporation has
filed with the Securities and Exchange Commission):
Name ..+ Address 1 I Ceres
'
4. The commonly known address of the Property
is: f. .h.� Q '.�l and having tax key
no.: ®Lk-,.s10Y-3�(.4. (use additional sheet for multiple addresses or key
numbers).
5. A legal description of said Property(s) is attached hereto, marked Exhibit A, and is incorporated
herein. I-a4 3,fFi �M G;(.
6. A map and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B,
and is incorporated herein.
7. The current assessed valuation of the property before construction is $ 12.soo (use
additional sheet for multiple addresses). (This information may be obtained from the St. Joseph
County Assessor's Office,235-9523).
Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached
hereto, marked Exhibit C, and incorporated herein.
List the real property taxes paid at the location during the previous two years, whether paid by the
1
current owner or a previous owner(use additional sheet for multiple addresses):
(This information may be obtained from the St.Joseph County Treasurers office, 235-9531)
1o. Wha is your, ,best estimate of the after completion market value of the property:
_ �0 c�06
11. 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 building permit may be issued
-fter the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is
not available if a building permit h already been issued). The signature below is verification of this
statement. � �✓=
12. List other anticipate public financing for the project, including any assistance to be sought or
already authorized through the United States Department of Housing and Urban Development funds
from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph
County Housing Consortium or other public financial assistance, including but not limited to public
works improvements:
13. Describe how the property has become undesirable for or impossible of normal development because
of a lack of development, cessation of growth, deterioration of improvements or other factors which
have impaired values and prevent a normal development of the property:
LY 00"/h L)•
vi
14. The current use of the property is
u1
�) �- it ...,...,... and the current zoning is
(This information may be obtained from the Building Department 235-9553)
15. The property is located in the following Allocation Area(if any)declared and confirmed by the South
Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment
Commission):
! E
16. The following person should be contacted as the petitioners agent regarding additional information
and public hearing notifications:
Name .f I U6
S `7�!_ -7�_ lc
Address
2
`°��" STATEMENT OF BENEFITS
ao IsA�ao
� _ REAL ESTATE IiVIpR®VEI4�ENT5 —
.� State Form 51767(R2 l 1-07) FORM SB-t 1 Reai 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):
❑ Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12.1-4)
❑ Eligible vacant building(IC 6-1.1-12.4-4.8)
INSTRUCTIONS:
1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing ifthe 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, 1987,and areas designated after July 1, 1387,require a STATEMENT OF BENEFITS. (fC 6-1.1-12.1)
2. Approval of the designating body(City Council, Town Board, County Council,etc.)must be obtained prior to initiation of the redevelopment or rehabilitation,
BEFORE a deduction may be approved
3. To obtain a deduction,application Fort 322 ERA/RE or Form 322 ERA/VBD, Whichever is applicable,must be filed with the County Auditor by the later
of.-(1)May 10;or(2)thirty(30)days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address
shown on the records of the township assessor,
4. Property owners whose Statement of Benefits was approved after June 30, 1991,must attach a Form CF-1/Real Property annually to the application to
show compliance with the Statement of Benefits. (1C 6-1.1-12.1-5.1(b)and IC 6-1.1-12,1-5.36)]
5. The schedules established under 1C 6-1.1-12,1-4(d)for rehabilitated property and under IC 6-1.1-12.1-4,8(1)for vacant buildings apply to any statement
of benefits approved on or alter July 1, 2000. The schedules effective prior to July 1,2000,shall continue to apply to a statement of benefits filed before
July 1,2000.
Name of taxpayer
lv t --1zM v Q `
Address of taxpayer(number an street,city;state, nd ZIP code)
re o�anr r lt' >�r. tv7 0n t'
Name of contact person t� i/a✓ P,4'a ", Telephone number E-mail address
s • • • � s a -s•r a •-•
Name of dF(esignating body Resolution number
Location of property Count
1 Y DLGF taxing district"umber)d mfr �� �T S bs_. a 'a TOcij r
Description of real property improvements,redevelopment,or reh4ilitation(use additional sheets if necessary Estimated start date(month,day,year)
/7 / Estimat completion date(month,day,year)
� �.� GS, 1"ar r G t i �-r n.�.�p� JJ a�j ed*�+*.-�.'�
• • • s •e-e o •s
Current number Salaries Number retained Salaries Number additional Salaries
• r r s q r -r•s 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
Plus estimated values of proposed project
Less values of any property being replaced
Net estimated values upon completion of project
s • s e s 2111
Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds)
Other benefits Filed In ii,*4-n Off joe.
JUL
JOHN
I LEAK,
I
r
I here y certify that the representa' ns in this statement are true.
Signatur of a ihor' d re asenta(e Title Date signed(month,'day,year) 7
Page 1 of 2
We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards
adopted in the resolution previously approved by this body. Said resolution,passed under IC 6-1.1-12.9,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 totality of benefits is sufficient to justify the deduction described above.
Approved(signature and true of authodzed member of designating body) Telaphone 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 6-1.12-12.1-4,
A_ For residentially distressed areas,the deduction period may not exceed five(5)years.
B, For redevelopment and rehabilitation or real estate improvements:
1. If the Economic Revitalization Area was designated prior to July 1,2000,the deduction period is limited to three(3),six(6),or ten(10)years.
2. If the Economic Revitalization Area was designated after June 20,2000,the deduction period may not exceed ten(10)years.
C.For vacant buildings,the deduction period may not exceed two(2)years.
Page 2 of 2
I 12-z N Notre llarne Ave, Mouth tend, IN 46617 Directions, Location and Map MapQuest Page 1. of
Notes
Map of:
1122 N Notre Dame Ave
South Bend, IN 46617-1343
Filed in lerk'.S Office
EJUL 20 11
CITY CLERK,SO�
SOUTH BEND,IN
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TRAVELING THE AMERICAN ROAD A01 Traver.I; I Aineilco
tarts i'urnxate.r r4rith P-jj rif 6rjdjXNW
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T. JOSEPH COUNTY
RECORDER
EEC FEE:: 638.ter
AUDITORS RECORD WAGES: 11
HOLD FOR.-M EFQDrN 1 ETi E CORP. Transfer No.
C s� --
Taxing Unit
Date
Tax ID No. 018.5105-3666
CORPORATE WARRANTY DEED
THIS INDENTURE WITN£SSETH THAT
University of Notre Dame du Lac,an Indiana Corporation
CONVEY(S)AND WARRANTS)TO
John A, Sejdinaj and Jennifer K, Sejdinaj, husband and wife for Ten Dollars and other valuable consideration the receipt
whereof is hereby acknowledged,the following described REAL ESTATE in St,Joseph County, in the State of Indiana,to
wit:
Lot Lettered B in E&M Goemer Replat as per plat thereof recorded May 19, 1888 as Instrument Number 8812958 in the
Office of the Recorder of Saint Joseph County,fndiana.
Subject to taxes for the year 2011,due and payable in 2012,and taxes for ail subsequent years.
Subject to covenants,restrictions and easements of record,
Subject to all legal highways and easements of record,covenants,restrictions,reservations,rights of way,limitations,
conditions,zoning ordinances,unpaid taxes and subsequent recorded amendments hereto,including but not I#mited to
provisions restricting use and sale therein contained in the record chain of title and reflected in that certain Real Property
Purchase Agreement between the University of Notre Dame du Lac and Grantees dated on or about May 31,2011 and
annexed hereto as Exhibit"A".
The undersigned persons executing this deed on behalf of Grantor represent and certify that they a d'
act for the Grantor and have been fully empowered,by proper resolution of he Beard of Directors Grantor, o � . , ° °y
and deliver this deed;that Grantor has full corporate capacity to convey the real estate described rein;a s
necessary corporate action for the making of such conveyance has been taken and done. "^w
IN WITNESS WHEREOF,the Grantor has executed this deed this 28�h day of June 2011 r
v ' }
University f Notre Dame Du Lac
ory 4$ftI
By:Jame V, h ice Presi ent u7;,;
drL
State of Indiana,County of St.Joseph ss:
Before me,the undersigned,a Notary Public in and for said County and State,personally appeared he within named
James J.Lyphout who acknowledged the execution of the foregoing Deed and who,having been duly sworn,stated that
the representations therein contained are true.
WITNESS,my hand and Seal this 28th day of June,2011.
My Commission Expires: �_..
Signature of NotarPub is
Debra A.Gu \� GrUurpi
Printed Name of Notary Public �.�... ,,,,r 1i/iy'/'
O. LION FXp.
St.Joseph,Indiana ? �15,�ay�9*`s
Notary Public County and State of Residence
This instrument was prepared by: Property Address:
Debra A.Guy,Attorney-at-Law Notre Avenue
IN#24473-71 MI#P6902.. South Bend,IN 46617 loll
202 S.Michigan St.,Ste.300
South Bend, IN 46601
I affirrn, under the penalties of perjury, Grantee's Address and Mail Tax Statements to:
that I have taken reasonable cAre to
redact each SK1,4l Security number in 415 Nwr 9-V&Wt 7
this document, Uniess required.by law. Notre Dame, Indiana 455 LY eA III
Debra A.Guy,ES4 IN#24473-71
6
ST JOSEI
r
Surveyor Location Report
E & M WERNER REPEAT
LOT B
FOR:
UNIVERSITY OF NOTRE DAME
1122 NOTRE DAME AVENUE
SOUTH BEND, INDIANA
in C1er '
NOIRE DAME AVENUE u6
99.39' vsat�ASa
dO N sou-TV4 SEMI.cR
0
CON
cc
A 2 STORY n
HOUSE
�'
21.4' I.s'
CONC 7 FENCE ON OR NEAR
PROPERTY LINE
2.5'
GARAGE o Es 13ED i
zD,2'
12.0' 2.2'
99.31' `�`p,�,��uptuuluu+rlrs4ipgr�
CF— D
`t-,�j 2� NO,
THE PRIMARY STRUCTURE NOTE BECAUSE OF THE PROxtwy of = S-0523 Y
SHOWN ON THIS DRAWING IS THE NOTED IMPROVEMENTS) 10 THE = STATE OF
NOT IN A FLOOD HAZARD PROPERTY LINE, A$OUNDARY SURVEY 15 `•,
AREA RECOMMENDED TO DETERMINE IF IT/THEY ��� tANQ•''°
MAY CONSTITUTE AN ENCROACHMENT, f/f�r0drt05111111 � �`\`\
This report wos prepared without a copy of the Title Insuronce
policy and may be subject to other restrictions contained thereon.
This drawing conforms with the Surveyor Location Report minimum
requirements as cerfified on page two of this report. Any
encroachments are specificalty noted above. This report ;s of ��.
limited accuracy and should not be used tar construction or for
establishing boundary or fence lines.
Creekside Mortgage Surveys, Inc.
715 South Michigan Street South Bend, Indiana 46601
Phone (574) 255 .6556 Fax (574) 674-0374
Scoie dote Drown 6y Drawing No.
PAGE 1 OF 2 1 " = 30' 03-26-10 183 42131
BARNESÞB,"RO LLP 600 1st Source Bank Center
100 North Michigan
South Bend,1N 46601-1632 U.S.A.
(574)233-1171
Richard J.Deahl Fax(574)237.1125
(574)237-1240 www.bdaw.com
richard.deahl @btlaw.com
August 3, 2011
VIA HAND DELIVERY
Mr. John Voorde
City Clerk, City of South Bend
455 County-City Building
227 West Jefferson Boulevard
South Bend, IN 46601-1830
RE: Huron Partners L.P.
Resolution far Waiver of Non-Com Rance Tax Abatement
Dear Mr. Voorde:
As you know, we are pleased to represent Holladay Properties and its affiliate, Huron
Partners, L.P., with certain real estate matters. On behalf of Huron Partners, we kindly request the
Common Council's consideration of the enclosed Resolution to formerly waive Huron Partners'
technical non-compliance with a filing requirement to claim the benefits of certain tax abatement.
More specifically, in 2006, the Common Council granted a nine (9) year tax abatement on
Huron Partners' proposed investment to construct a 1 50,000 square foot light industrial facility in
Portage Prairie (City of South Bend). Huron Partners successfully completed construction of this
facility, met its investment target and now leases the entire facility to a few tenants (who employ 40+
employees). The building was first assessed as of March 1, 2009 (for property taxes which became
due and payable in 2010). Due to employee turnover, Huron Partners inadvertently missed the 30-
day window to claim the benefits of the abatement for the 2009-pay-2010 tax year. The enclosed
resolution kindly requests waiver of this non-compliance in order to restore the tax abatement
benefits to which Huron Partners would have received had it timely filed the application.
We are happy to meet with the Community and Economic Development Committee of the
Council and the full Council on Monday, August 8 , or at such other date as the Council may prefer.
Please feel welcome to contact me, at any time, if I can provide any additional information. We
greatly appreciate your professional assistance.
Very truly yours,
ES & THORNBUN _ p_ ,
1
Richard J. Deahl l
RJD:slr o
Enclosure L .�.�... . . . ._
S13DS02 RJD 422877v3
Atl,mct Chicago Deloware Indiana Los Angeles Michigan Minne�lpolis Olio Washington, D.C.
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA CONFIRMING
THE GRANT OF CERTAIN REAL PROPERTY TAX ABATEMENT
DEDUCTIONS AND WAIVING NONCOMPLIANCE FOR PROPERTY
COMMONLY KNOWN AS
S 102 DYLAN DRIVE, SOUTH BEND, INDIANA
FOR
HURON PARTNERS, L.P.
WHEREAS, on August 14, 2006, the Common Council of the City of South Bend (the
"Common Council") adopted Resolution No. 3622-06 (the "2006 Resolution"), approving a nine
(9) year real property tax abatement for the proposed construction of a new light industrial
facility containing approximately 150,000 square feet(the "Building Project"), to be constructed
by Huron Partners, L.P., a Holladay Properties entity ("Huron Partners" or "Taxpayer"), within
an area located in the City of South Bend that had been designated an economic revitalization
area in accordance with IND. CODE § 6-1.1-12.1-1, et secs.; and
WHEREAS, as part of the Building Project, Huron Partners described for the Common
Council that (a) the Building Project (also known as the Huron Building) would be the first
improvement scheduled for construction within the Portage Prairie project, (b) the Huron
Building would be a speculative building containing approximately 150,000 square feet for
single or multi-tenant use, (c) the construction of the Building Project would commence in late
2006 and be completed at an estimated cost of approximately $5,000,000, and (d) the success of
the Building Project would be helpful to spur further private investment in the Portage Prairie
area; and
WHEREAS, as contemplated as part of the Building Project, Huron Partners (a)
successfully completed constructed of the Huron Building which consists of approximately
150,00 square feet, (b) met its proposed investment in construction and tenanting costs for the
Huron Building, and (c) has entered into agreements with separate tenants to occupy 100% of the
Huron Building (which tenants have reported their headcounts to Huron Partners during 2009
and 2010 of more than 40 employees); and
WHEREAS, the (a) Building Project was first assessed for real property tax purposes as
100%complete for the March 1, 2009 assessment date for taxes payable in 2010 (the "First Tax
Year"), and (b) notice of such assessment was provided in the form of a tax bill, as opposed to
separate notice of assessment,received in 2010; and
1
WHEREAS, as a result of an employee's departure from Holladay Properties, the
Taxpayer (through an inadvertent oversight) did not timely file a Form 322 ERA/RE
"Application for Deduction from Assessed Valuation of Structures in Economic Revitalization
Areas" (the "Application Form") on the Huron. Building which was to be filed within thirty (30)
days after receiving notice of an assessment for the First Tax Year (as contemplated under IND.
CODE § 6-1.1-12.1-5); and
WHEREAS, this oversight was an unusual occurrence for Holladay Properties, which
pays significant annual real property taxes and has made diligent efforts in good faith to make all
required Indiana tax flings (including abatement filings) on a timely basis; and
WHEREAS, the Taxpayer filed a belated Application Form to claim benefits of the
property tax abatement for the First Tax Year(together with its filing of an Application Form to
preserve the benefit of property tax abatement for subsequent years) with the St. Joseph County
Auditor,which Application Form was denied due to the belated nature of the filing;
WHEREAS, the Common Council recognizes that (a) the Taxpayer fulfilled its pledge to
build a new light industrial facility in the City of South Bend and thereby to enhance the tax base
and support employment in the City; (b) the Taxpayer has requested a waiver of its inadvertent
oversight for late filing of the Application Form to claim benefits of the tax abatement for the
First Year, which the Common Council has the power and authority to approve under Indiana
law, and (c) the Taxpayer would have been entitled to receive the tax abatement benefits for the
First Year had no noncompliance event occurred; and
WHEREAS, the Indiana General Assembly has expressed the policy of this State by
enacting laws that expressly permit tax abatement noncompliance events such as the untimely
filing of an Application Form to be waived; and
WHEREAS, the noncompliance event has been corrected, and a public hearing of the
Common Council has been held on the subject of this Resolution.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND,AS FOLLOWS:
SECTION 1. The Taxpayer has presented testimonial and documentary evidence
supporting the Taxpayer's (a) fulfillment of its obligations detailed in its original Statement of
Benefits and its application for tax abatement related to the construction of a 150,000 square
light industrial facility in the City of South Bend at 5102 Dylan Drive, South Bend, Indiana (the
"Property"), and (b) inadvertent oversight leading to a belated filing of the Form 322 ERA/RE
"Application for Deduction from Assessed Valuation of Structures in Economic Revitalization
Areas" to claim the benefits of tax abatement for the March 1, 2009 assessment date on the
Property.
SECTION 2. The foregoing facts, taken together, lead the Common Council to conclude
that the Taxpayer has fulfilled its projected plans to construct new improvements contemplated
as part of the 2006 Resolution (the "Abatement") and that its belated fling of an application
2
required to claim the benefits of the Abatement as of March 1, 2009 (for taxes due and payable
in 2010)was inadvertent.
SECTION 3. The Common Council hereby waives all matters of noncompliance that
may be waived under State and local law regarding the late filing of applicable deduction
applications in order for the Taxpayer to claim and receive the benefit of tax Abatement on its
investment in new building improvements contemplated as part of the 2006 Resolution as of the
March 1, 2009 assessment date, all as is permitted under IND. CODE § 6-1.1-12.1-11.3 (including
specific waiver of any and all nonconformities relating to the requirement, under IND. CODE § 6-
1.1-12.1-5 that economic revitalization area deduction applications be timely filed with the
county auditor to claim property tax abatement deductions for the 2009-Pay-2010 tax year).
SECTION 4. The Common Council incorporates herein by reference, and hereby
ratifies and reaffirms: (a) the 2006 Resolution; (b) the tax abatement application and statements
of benefits of the Taxpayer; and(c) the recitals of this Resolution. The Common Council and the
Clerk of the City of South Bend are authorized to take all such further acts and execute and
deliver all such further documents for the St. Joseph County Auditor or otherwise as may be
reasonably necessary to give effect to this Resolution, all without further application to or formal
action by the Common Council.
SECTION 5. This Resolution shall be in full force and effect from and after its passage
and approval by the Mayor.
Member of the Common Council
Sign;Ag of tIs bill is o^iY to Me e, an
DppWnIty for pub"('c iv d
Pilau in Clerk'S MCC
PRESENTED AN - .3 Z Q i
NOT APPROVED 3 JOHN VOQ.F*DIE
CP1'Y CLERK. OLkTH BEND,[Fi
ADOPUD
Owe, ak-a
CE
rsss
CITY OF SOUTH BEND -. ...� C t.
STEPHEN J. LUECKE, MAYOR � x
OFFICE OF THE MAYOR
August 3, 2011
Common Council Members
227 W. Jefferson Blvd.
4`h Floor, County-City Building ,m-
South Bend, IN 46601
Dear Council President Dieter:
Attached for filing with the Common Council is a Resolution commending and
supporting South Bend Animal Care and Control (SBACC), a City program which has
provided excellent services in the care of animals within the City since 1996. This
Resolution further recognizes that the current SBACC facility at 105 N. Olive Street, is
inadequate to provide housing and other services for the thousands of animals it
handles each year. Most importantly, in light of all this, the Resolution endorses the
building of a new facility through the South Bend Redevelopment Commission and
supports the Commission's appropriation of$400,000 in TIF funds to complete financing
for construction and related costs of a new SBACC facility at 521 Eclipse.
1 will present this Resolution to the Council at its Health &Public Safety
Committee, and at the public meeting. I hope the Council will give this Resolution its
full approval.
Thank you.
Sincerely,
Stephen 3. Luecke 1 �
Mayor
AUQi
��CITY JONp�14 ire 9�fpp��1 gg��2p����1p�ee� n
S�r�41HE�7�C6iVfrF�erg
CouNTY-Cny BmI.DTNG•227W.JUPEA50N BoULENARD• So=FEND, INDIANA 46601
NoNF 5741235-9261• FAx 5741235-9892
RESOLUTION
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,
SUPPORTING THE CITY ADMINISTRATION'S REQUEST FOR THE SOUTH BEND
REDEVELOPMENT COMMISSION TO APPROPRIATE AN ADDITIONAL$400,000 OF
TIF
FUNDS TO COMPLM THE FINAN ING F A NEW r211ACC FACILITY
(Wfemai South Bend Animal Care and Control (SBACC)was started as a program of the City
in 1996 in order to provide more effective services for the residents of our community; and,
G) SBACC staff have developed vibrant partnerships with C.A.R.E., Pet Refuge, Brown
Mackie College, Heartland Small Animal Rescue and other groups interested in the health and welfare
of animals; and,
6*"the staff,volunteers and partners of SBACC continue to provide exceptional service
for South Bend, responding to emergency calls 24/7/365 and handling over 4,000 animals a year;
and,
the facility at 105 N. Olive Street is inadequate to provide housing for the number of
animals detained by SBACC and to provide space for the adoption, spay/neuter operations,and
isolation of animals with infectious diseases; and,
(X"the current facility is not ADA compliant and would need significant upgrades; and,
N",after many years of discussion and review, plans have been developed for a new
SBACC facility at 521 Eclipse; and,
6))"the Common Council approved rezoning for this facility at its meeting on May 10,
2010; and,
the South Bend Redevelopment Commission has appropriated$1,500,000 of Tax
Increment Finance (-1-IF)dollars for construction of the new facility.
as
follows:
Section I. The Common Council of the City of South Bend supports the continued operation
of Animal Care and Control functions by the City and believes that construction of a new SBACC
facility is in the best interests of the residents of South Bend.
Section II. The Common Council recognizes the important animal care services provided by
the Humane Society of St. Joseph County and encourages SBACC officials to work with the Humane
Society to ensure that pets are returned to their owners at a reasonable cost, to cooperate in
handling animals from each other's jurisdictions, and to actively work to minimize the number of
animals euthanized in St.Joseph County and the City of South Bend.
Section III. The South Bend Common Council is grateful for the assistance provided by the
South Bend Redevelopment Commission to build this new facility and supports the additional
appropriation request for$400,000 of TIF funds to complete financing for construction and soft costs
for this new facility.
Section N. This Resolution shall be in full force and effect from and after its adoption by the
Council and approval by the Mayor.
t
Member of the South Bend Common Ca s t � ► � ; µre ,�
cam' Cddie d�,9� 5"� toff Uzi 0
John Voorde, City Clerk
Red ,iri hen J. 1_uecke, Mayor of South Bend
if iu��
PRISENT€D AUG
NOT APPROY€d
A mnwtrG11
1400 CouNry-CITYBi muNG � \ PHONE 5741235-9241
227•W jEnusoN13OULEV RD
MACF FAx 574/235-7670
SouTH BEND,INDiANA 46601•-1830
zs�s
CITY OF SOUTH BEND STEP14FN J. LUECKE,MAYOR
DEPARTMENT OF LAW
CHARLES S. LEONE ALLADFAN M. DERos1;
CrrY ATTORNEY CHIEF ASSI'ST'ANT CD'YAn-oRNEY
August 3, 2010
Mr. Derek Dieter, President
South Bend Common Council "
Fourth Floor, County-City Building
,South Bend, Indiana 46601
RE: An Ordinance of the Common Council Amending Chapter 4,
Section 61 of the Municipal Code to Revise Provisions
for Licensing Taxicab Companies, Vehicles and Drivers
Dear Mr. Dieter:
Attached for filing with the ,South Bend Common Council, is a
proposed ordinance to revise provisions for Licensing taxicab
companies, vehicles and drivers .
I will present the proposed ordinance to the Council at the
Committee and Common Council meetings . I respectfully request
your favorable consideration of this proposed ordinance. If you
have any questions in this regard, please do not hesitate to
contact me .
Sincerely,
Of
='Ann--Carol Nash
Assistant City Attorney
cc: C. Leone, G. Zientara, G. Gilot, M. Wisniewski, M.
Chlebowski, S . Goen, J. Walters
Enclosure _
F Filed in
:.^h'>v:.Y.:-:rt.:�v.4'J"•yn:xTkr:l1w.,n�
H:\wpdata\LICENSE\letter forwarding ordinance.wpd f
ITY pkR
THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH
ANDREA L. BEACHKOFSKY LAWRENCE J.MF.T•EIVER JEFFREY L. SANEORD JOHN E. BRODEN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4
OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR
LICENSING OF TAXICAB COMPANIES, VEHICLES AND DRIVERS
STATEMENT OF PURPOSE AND INTENT
The purpose of this ordinance is to amend Chapter 4 of the
South Bend Municipal Code to revise provisions for the licensing
of taxicab companies, vehicles and drivers .
The Common Council of the City of South Bend determines that
it should amend the taxi license requirements to promote the
safety of taxicab drivers, passengers and the general public .
Taxicab companies and drivers should provide reliable and
consistent service . The standards for taxi service should be
easily understood and enforced. The amendments to the taxi
license requirements will enhance the quality of life in the
community, create a favorable impression of the City, and
encourage residents and visitors to make greater use of taxi
services and other amenities within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA AS FOLLOWS :
Section I . Chapter 4 , Article 4 , Section 4-17, of the South
Bend Municipal Code shall be and hereby is, amended to read as
follows :
(a) The following businesses shall be licensed annually and
charged the fee so designated. Every business which fails
to obtain a proper renewal license by, the date required by
this section, shall be assessed an additional late fee of
ten (10) percent of the total fee charged, which shall be
paid prior to the issuance of a license .
(b) Licenses issued pursuant to section 4-45 and 4-46 shall
be renewed on or before March 1 or April 1 of each year
following the year in which they are issued or renewed,
1
according to the name of the business holding the license.
If the name of the business holding the license begins with
a letter falling between A and M within the alphabet, the
renewal date shall be on or before March 1 of each year. If
the name of the business holding the license begins with a
letter falling between N and Z within the alphabet, the
renewal date shall be on or before April 1 of each year.
Licenses issued pursuant to section 4-48 shall be renewed on
or before May 1, of each year following the year in which
they are issued or renewed.
Licenses issued pursuant to section 4-61 shall be renewed on
or before June October 1 of each year following the year in
which they are issued or renewed. All other licenses issued
pursuant to this chapter shall be renewed on or before
January 31 of each year.
(c) In the event an application for a new license is made
six (6) months after the applicable renewal date, the fee
shall be prorated to one-half of the yearly license
fee .
(d) Regulated business :
(1) Adult business .
(2) Alarm agent .
(3) Arborist, tree service.
(4) Carnivals and circuses .
(5) Automotive repair and service centers .
(6) Food vending vehicles .
(7) Hotels, motels .
(8) Laundries, laundries (self-service) , self-service dry
cleaners .
(9) Massage parlors .
(10) Massage technicians .
(11) Open air stands .
(12) Peddlers and canvassers .
(13) outdoor motion picture theaters .
(14) Paraphernalia (drug related) .
2
(15) Pool halls .
(16) Precious metals .
(17) Public parking facilities .
(18) Recycling drop off centers .
(19) Restaurants .
(20) Restaurants with live entertainment, music (class A and
B cabarets) .
(21) Rubbish and garbage removal .
(22) Scrap metal dealers, transfer stations, recycling
operations, junk dealers .
(23) Secondhand dealers .
(24) Solicitations, charitable.
(25) Taxicab companies, vehicles and drivers .
(26) Transient merchants .
(27) Vehicle removal service .
Section II . Chapter 4 , Article 4 , Section 4-61, of the South
Bend Municipal Code shall be and hereby is, amended to read as
follows :
Sec. 4-61. Taxicabs; companies, vehicles and drivers.
(a) Definitions. As used in this section:
(1) Company license means the written license issued by the
Controller authorizing the holder to conduct a taxicab
business in the City.
(2) Cruising means the driving of a taxicab on the streets,
alleys or public places of the City, in search of or
soliciting prospective passengers for hire .
(3) Driver means any person who is in actual physical
control of a taxicab and is operating the taxicab for hire.
(4) Driver's license means a written license issued by the
Controller to a person to drive a taxicab upon the streets
3
of the City.
(5) Holder means a person to whom a company license has
been issued.
(6) Manifest means a daily record prepared by a taxicab
driver of all trips made by such driver showing time and
place of origin, destination, number of passengers and the
amount of fare of each trip.
(7) Operator means any person owning, in charge of, or
managing a taxicab business in the City.
(8) Rate card means a card for display in each taxicab
which contains the scheduled rates of fare charged by the
operator of such taxicab with a receipt of the Controller.
(9) Taxicab means a motor vehicle regularly engaged in the
business of carrying passengers for hire, having a seating
capacity of twelve (12) or less fewer persons, including the
driver, and not operated on a fixed route .
(10) Taximeter means a meter instrument or device attached
to a taxicab which measures mechanically the distance driven
and the waiting time upon which the fare is based.
(11) Taxi stand means a place on public property where the
Board of Public Works has authorized a holder of a company
license to receive passengers .
(12) Waiting time means the time when a taxicab is not in
motion from the time of acceptance of a passenger to the
time of discharge, but does not include any time that the
taxicab is not in motion if due to any cause other than the
request, act or fault of a passenger.
(13) Vehicle License means the written license issued by the
Controller authorizing the vehicle to be driven as a taxicab
in the City.
(b) Taxicab inspection; issuance of license; maintenance:
4
(1) Inspections . Prior to the operation of any vehicle
taxicab under this section and prior to the issuance of a
vehicle License, the vehicle taxicab shall be thoroughly
examined and inspected by the Department of Central Services
Division and the Bureau of Weights and Measures and found to
be in safe good operating condition, clean, free of rust
and body damage, and in compliance with the requirements of
this section. Each taxicab must be equipped with the
following driver protection and safety features, all of
which shall be in conformance with specifications adopted by
the Board of Public Works :
a. A system enabling the silent activation of a
distress or trouble signal by the driver; and
b. Signs or decals affixed to the taxicab advising
the public that the driver carries no more than a certain sum in
change . The sum specified shall be between five dollars ($5 . 00)
and thirty dollars ($30 . 00) .
The equipment required by this section shall be
maintained in good working order at all times . The
taxicab license for any vehicle taxicab in violation of
this section shall be subject to immediate suspension,
and such vehicle shall be subject to impoundment as
provided hereafter. Members of the Police Department,
the Department of Code Enforcement, persons with
special police commissions by the Board of
Public Safety, or the Central Services Division may
conduct unannounced inspections of taxicabs in order to
ensure compliance with this section' s provisions , and
shall report any noncompliance to the Controller.
(2) License issuance a on com liance. When the Departmei
e,f Central Services Division and the Bureau of Weights and
Measures finds that a vehicle taxicab is in safe good
operating condition, is in compliance with the requirements
of this section, and has met the standards established by
this section, the Controller shall issue a vehicle taxicab
license to the owner or driver of the vehicle taxicab. The
license shall state the authorized seating capacity of the
vehicle .
5
(3) Periodic inspections . Every taxicab operating under
this section shall be periodically inspected by the
Department of Central Services Division at such intervals as
necessary to ensure the maintenance of safe ood operating
conditions . In addition no license or renewal of license
shall be issued for any vehicle unless it has passed both
Bepartment of Central Services Division and Bureau of
Weights and Measures inspections within sixty (60) days
prior to such issuance or renewal . The scheduling of
inspections is the responsibility of the taxicab company.
Every taxicab must be inspected at least once every six
months . If a taxicab is inspected by the St . Joseph County
Airport Authority and the company owner presents a
certificate no less than 14 days after it issued to the
Central Services Division six months after the Central
Services Division inspects and approves the taxicab, the six
month inspection requirementi_s satisfied. If the compan�r
owner does not present a St . Joseph County Airport Authority
certificate, the owner is responsible for having the taxicab
reinspected by the Central Services Division. The City
Controller shall post on the City website taxicab inspection
forms used by the Central Services Division and the Air ort
Authority, along with the Airport Authority standards and
requirements for taxicabs for hire . Taxicabs which fail to
ass inspection or for which an scheduled inspection is
missed will be subject to a twenty-five dollar 25 . 00
reins ection fee which will be due at the time of
reinspection.
(4) Cleanliness Every taxicab operating under this section
shall be kept in a clean and sanitary condition inside the
passenger area and trunk and outside the vehicle taxicab.
The interior of the taxicab must be free of debris and loose
dirt and foul odors . The upholstery must be free of
grease, food, ashes , dirt, and stains, and not rit)ped or
torn.
±5L Bod and operating condition. Vehicles� Taxicabs must
also be free from mechanical defects, rust and body damage .
All taxicabs that have any body damage, mechanical
6
disrepair, orother damage or defects must be repaired in a
skilled and manner before being licensed or
operated as taxicabs within the City. Vans. and sport
utility vehicles used as taxicabs must be _g_quipped with a
running board or step to assist passengers entering and
exiting the taxicabs . Members of the Police Department, the
S-ervices may conduct periodic, unannounced inspr_-Ctions of
taxicabs in order to ensu_L e -,,U L L L liance with this parag_Laph---!�
PL0V_LS,_L0nS, and shall report any nOnCOL[rpliance to t7he
E-ont-oiler.
(-56) Top lights . Every taxicab operating under this section
shall have a top light permanently affixed which indicates
that the vehicle is a taxicab. The top light must be in
good working order and must be illuminated between sundown
and sunup each day while it is in operation.
(7) Exhaust Every taxicab must be equipped with a
g g engine and power
muffler in good workin condition. The en �
mechanism of every taxicab shall be so equipped and adjusted
as to prevent escape of excessive fumes, smoke or noise .
8 Brakes . Ever taxicab" must be e ui ed with service
brakes upon all wheels . The brakes must be adequate to
control the movement of and to stop and hold such taxicab
including two separate means of applying the brakes . All
brakes shall be maintained in good working order and shall
be so adjusted as to operate as practicable as with respect
to the wheels on the o osite sides of the taxicab.
(9) Bumpers . Every taxicab must be equipped with bumpers .
Bumper covers must be complete and not ripped or torn.
_(10) Horn.T Every taxicab must be equipped with a horn in
good working order and capable of emitting sound audible
under normal conditions from a distance of not less than 200
feet, but no horn shall emit an unreasonably loud or harsh
whistle .
(11) Headlights and tail lights . Every taxicab must be
equipped with at least two tail lamps mounted „on,___the rear
which_ when lighted shall emit a red light plainly visible
from a distance of 500 feet to
the rear. The lamps must be
located at _ a height of not more than seventy-two (72) or
less than twenty (20) inches . In addition, either a tail
lamp or a separate lam must be placed so as to illuminate
with a white li ht the rear registration plate of the
taxicab. Lenses must not be cracked or broken.
12 Reflectors . Every taxicab must have on the rear,
_
either as a part of the tail „ lamps or separately,..,__..two red
reflectors which must be mbunted at a height of not less
than twenty 20 inches or more than sixty 60 inches from
level around.
(13) Stop lamps . Every taxicab must be equipped with a stop.
lamp or lamps on the rear of the taxicab which shall display
a red light and which shall be activated upon application of
the foot brake . Such lamps shall be in operable condition.
(14) Turn and hazard signals . Every taxicab must be
equipped with lamps or mechanical signal devices on the foot
and rear for the purpose of indicating an intention to turn
either to the -right or the left . Both front and rear lamps
must flash the intended turning direction of the taxicab and
must be in good working condition. Four (4) -way hazard
flashers must also be- operable .
15 Mirrors . Every taxicab must be equipped with a mirror
so located as to reflect to the driver a view of the roadwa
for a distance of at least 200 feet to the rear of the
taxicab. Lenses must not be cracked or broken.
16 Seat belts . Every taxicab must be eguipped with seat
belts for the driver and for each of the- passengers . These
_
belts must be �n good repair and available in plain view for
, ..,,
passenger use .
17 Tires . All tires on the taxicab must have rubber on
the entire traction surface at least 3/32 inch thick above
the wear out strips on the entire p periphery.
„(„I8) Windows . All windshields and windows in every taxicab
8
must be free of cracks , breaks or chips . No signs may be
placed on a taxicab windshield except non-transparent ones
which are no larger than four (4) inches square, signs
may be placed on the windows in the lower corner
from the driver' s position. No advertisements may be placed
on windows or windshields .
(19) Windshield wipers Every taxicab must be equipped with
windshield wipers controlled by the driver. _Ettery
windshield wiper must be maintained in good working order.
20 Com pan association. Every taxicab must be associated
with a company licensed under this section and thecompa�
operator shall be responsible for avoiding the transfer of
taxicabs from one company to another or the addition or
deletion of taxicabs available to the comp aHy without_prior
inspection and approval, and for avoiding lapses in the
insurance and standards required by this section.
(21) Taxicab complying with definition. Every taxicab shall
comply with the definition of a taxicab set forth in this
section, including the seating capacity, in order to operate
for hire .
(22) Effective no later than January 2 , 2013 , every taxicab
must be equipped to make audio and visual recordings within
the taxicab, and such recordings must be in use during each
passenger ride Recordings shall be preserved for s_ix�
(50) days and made available to the City Controller, the
South Bend Police Department, or any other City Department
required to enforce provisions of this ordinance
request of the Department .
(23)- Effective no later than January 2 , 2013 , no taxicab may
be licensed if it is more than seven (7) model years- old.
_LL4j Any _taxicab which fails to meet the standards_ required
by this section must be taken out of service and not
operated until is it reinspected_ and passes inspection. The
taxicab owner must return the City issued taxicab .plates to
the Central Services Division immediately upon taking the
vehicle out of service .
9
(c) Information on exterior of taxicab; no imitation of
insignia; removal of identifying information:
(1) Every taxicab shall bear on the outside of each front
or rear door, in letters between three (3) and five (5)
inches in height, the name of the holder of -a the company
license, the number of the vehicle taxicab license between
three (3) and five (5) inches in height on the rear of such
vehi-c3e taxicab, and a vehicle taxicab license plate bearing
the number of the license and the year of issuance .
(2) The taxicab may shall bear an identifying color, color
scheme or design approved by the e -troll- Central ,Services
Division. To promote uniform standards and to assist the
public in identifying taxi companies, all taxicabs licensed
under the same company name shall bear the same color, color
scheme or design as the other taxicabs licensed under the
same company name ,. No roehic±e taxicab covered by the terms
of this section shall be licensed whose color scheme,
identifying design, monogram_ or insignia to be used thereon
shall, , conflict with or
imitate any color scheme, identifying design, monogram or
insignia used on des taxicabs already operating under
this section, in such a manner as to be misleading or tend
to deceive or defraud the public. If after a license has
been issued for a taxicab, the color scheme, identifying
design, monogram or insignia thereof Is changed so as to be;
the -Pinion of L-Irlie controller, in conflict with or
imitate any color scheme, identifying design, monogram or
insignia used by any other person, owner or operator, in
such a manner as to be misleading or tend to deceive the
public, the license covering such taxicab shall be suspended
or revoked pursuant to the provisions of section 4-16 .
(3) if a company ceases use of a vehicle as a taxicab, the
company o eerrator shall immediately remove the City license
plate, company name, taxicab number and all other letters or
numbers identifying the vehicle as a taxicab. The company
,operator shall return the license plate to the City within
one (1) business day after ' the company ceases use of the
vehicle as a taxicab. The 'failure of the company operator
10
to comply with this requirement may result in fines
enforcement procedures, including company revocation
ursuant to section 4-16 .
(4) Every taxicab must have posted on the rear passenger
side door a list of all rates charged. The rate must be the
same as that set forth in the company application or the
most recent change of Write notice provided to the
Controller. Rates must be legible and letters and numbers
setting forth rates must be at least one (1) inch „inheight.
(d) License and overall service required of taxicab companies;
manifest required; refusal deemed a violation; revocation:
(1) No person or entity shall trans ort or offer to
transport_ .a passenger for a fare in any vehicle required to
be licensed as a taxicab unless the person or entity first
obtains a company License pursuant to this section. A-1-1
persons engaged in the taxicab husiness in the ei-t�y
operating under the provisions of this section shail first
apply for nd obtaill CL company license All taxicab
companies shall render service to all members of the public
desiring to use taxicabs to travel to and from all locations
within the City. Each company- shall be
accompanied by a copy of the certificate issued by the
_ dg the.„ company name
Indiana Secretary of State emonstratin
and form of organization, contain the business,.,__,__...........
address and registered agent.'
(2) Holders of taxicab company licenses shall maintain a
properly zoned office with a telephone line answered twenty-
four (24) hours a day for the purpose of receiving calls and
dispatching cabs . The telephone line must be answered by a
dispatcher or other person who is not .operating a taxicab at
the time he or she is answering the telephone or dispatching
taxicabs . No taxi company may accept calls or dispatch
taxicabs from a taxicab or from a_ property that is not
Properly zoned. They shall answer all calls received by
them for services inside the corporate limits of the City as
soon as they can do so. If the services cannot be rendered
within a reasonable time, they shall then notify the
prospective passengers how long it will be before the call
1i'
can be answered and give the reason therefor. if—a company
cf this ordinance does not have three hundred thousand
dollars ($3E)E), eee . E)E)) of liability ctverage per occurrenceT
at least three (3) vehicles in --and top lights as
required by this section, that company --shall: have twel
(±2) manths after the effective date of this ordinance to
meet such requirements and to submit proof -.,f compliance to
II eontro - The failure of a company license holder to
have a telephone call for service answered within in a
reasonable time shall result in the issuance of fines
license suspension or revocation, or other sanctions as
provided in this chapter.
(3) Any taxicab company or' taxicab driver that refuses to
accept a call anywhere in the corporate limits of the City
at any time when such company or driver has available
taxicabs, or who fails or refuses to give overall taxicab
service, shall be deemed a violator of this section. The
license granted to such violator shall maw' be revoked or
suspended, or the violator may receive a citation pursuant
to the provisions of section 4-16 . However, any taxicab
driver or company shall have the right to refuse service to
a drunk or disorderly person, or to a person who has
previously refused to pay the legal fare, or to a person who
has threatened or menaced the taxicab driver. Any taxicab
company shall also have the right to make reasonable
policies and rules for the safety of its drivers and
passengers, so long as it does not engage in illegal
discrimination or refuse to render overall service.
(4) All companies shall register, maintain license and
insure at least six 6 taxicabs in order to obtain taxi
company licenses,_ and shall .have in service at all times, at
least two (2) taxicabs licensed under
this section.
(5) A11 companies shall list on their application and at
all times have registered to drive their company taxicabs at
least six (6) _drivers in order to obtain company licenses,
.._
with at least two 2 of those drivers operating at all, ,
times .
12
(6) ,If a company operating a lawful taxicab business at the
time of passage of this ordinance does not have at least six
(6) taxicabs in service, and at least six (6) company
drivers as required by this section, that company shall have
until January 2 2013 to meet such -_requirements and to
submit proof of compliance to the Controller.
(e) Manifest required; retention. Every taxicab driver shall
maintain a daily manifest upon which are recorded all trips made
each day, showing time and place of origin and destination of
each trip and amount of fare . Every taxicab driver shall give
all completed manifests to the operator at the conclusion of each
tour of duty. The forms for each manifest shall be furnished to
the driver by the operator and shall be of a character approved
by the Controller. The company license holder shall provide the
manifest to the City Controller, Central Services Division, South
Bend Police Department or City Attorney' s Office within twenty-_
foux 24 hours of any request made in writing-via mail
facsimile or electronic correspondence . The failure of a driver
or a company holder to complV with this subsection may result in
fines suspension or revocation of the license held by the
driver, the company, or both.
(f) Records required; access; retention:
(1) Every holder shall keep accurate records of receipts
from operations, operating and other expenses, capital
expenditures and such other operating information as may be
required by the Controller.
(2) Every holder shall maintain the records containing such
information and other data required by this article at a
place readily accessible for examination by the Controller)
the South Bend Police Department, the Central Services
Division or the City Attorney' s Office .
(3) All records required by this subsection shall be
preserved and maintained by the holder for three (3)
calendar years .
(g) Adverbising 01-2 Vehicles. Subject to the rules and
13
advertising materials to be affixed to o� tnstettl-ed in or on sucil-a
__T�
�_.__.C-7-L�Y_T
(q) Taxicab information posting. Every taxicab shall be
equipped with a placard visible: to the passengers, containincr
information pertaining to the taxicab' s o eration and the
re uirements of taxi companies and drivers . This placard shall
minimally contain the following;
(1) The full name of the .driver;
(2)_ The name of the taxicab company;
(3) The taxicab identification number;
(4) A map of the South Bend area;
(S) A rate card that indicates all of the rates charged by
the taxicab company for transportation of passengers and
p y
matches the rates published with the Cat and the rates
indicated on the outside of the taxicab;
(6) A telephone number for the passengers to call if they have
any complaints with the operation of the taxicab or its driver.
The placard may be provided by, or the specific language of
the.---placard may be prescribed by, the Central Services
Division, the Controller, or the Controller' s designee
(h) Taximeters; specifications; inspection:
(1) All taxicabs operated. under the authority of this
section shall be equipped with taximeters fastened in front
of the passengers, visible to them at all times during the
day and night . After sundown, and until sunrise, the face
of the taximeter shall be illuminated.
(2) The taximeter shall be operated mechanically by zx
mechanisms of standard design and construct-ion and sha-17±
com ly with the standards required by tll-IC Bureau of Weights
and Measures and meet all regulations of the liationa-I
14
lnstitut�- Standards and Tolerances (NIST) . The taximeter
per ia-nently attached d.LiVill�j MeC.L.LCL.Li-LSM. it shall be sealed
- 11 if
at --� potnts and connections which, i - f
affect the correct reading and recording. Each taximet-e-r
shall have a f lag to denote when the ---3 t axxicab io
,empl-yed and when it is not
place the flag of 8uch taximeter in a nonrecording position
a-t—the termination of -CS-,LCh trip.
+5+ The taximeter shall be subject to inspection from time
to time by the Bureau of Weights and Measures . Any
inspector or other officer of the Bureau is authorized,
either on complaint of any person or without such complaint,
to inspect any meter. Upon discovery of any inaccuracy, the
inspecting officer shall notify the person operating such
taxicab to cease operation. Thereupon, no person may allow
the taxicab to be operated until the taximeter is repaired
and passes inspection by the Bureau of Weights and Measures .
(43) A taximeter must be inspected and passed by the Bureau
of Weights and Measures within a sixty (60) day period prior
to the issuance or renewal of the taxicabs vehicle license.
The scheduling of a taximeter inspection is the
responsibility of the taxicab company. Failure to comply
with this subsection' s provisions will shall result in the
denial or revocation of a vehicle license .
(4) Upon passing inspection, the Bureau of Weight and
Measures or the Central Services Division shall attach a
seal to the taximeter containing the followin
1 . signature of the inspector;
2 . statement that the meter has passed inspection;
3 . date of the inspection;
4 . taxicab' s State license plate number;
5 . taxicab' s City license plate number;
6 . name of the taxicab' s owner; and
7 . such additional information as the Central
Services Division may deem necessary.
(i) Establishment and change of rates of fare; display of rate
card:
�5
(1 ) The operator of a taxicab company shall establish a
rate-s of fare according to a mileage rateis
as measured by the taximeter, an hourly rate, or a flat
rate . the o p erator is prohibited,,._ from charging_ any
t-rpe of rate or amount in addition to or in excess of the
rates allowed in this section. The rates of fare
established by an operator shall be effective only after the
rates of fare have has been submitted in writing to and
acknowledged as received by the Controller, either in a new
or renewed company license application or on a separate
written notice.
(2) Every taxicab operated under this section shall have at
all times a rate card receipted by the Controller setting
forth the scheduled rates of fare displayed in plain view of
all passengers . The rate set forth on the rate card must be
the same as the rate set forth on the exterior of the
taxicab and on the rate provided to the Central_ Services
Division, as well as any fares posted or quoted via, website,
email , or social networking devices
(3) The company may have more than one (1) scheduled rate
of fare, to allow for times of the year or week, based on
demand. However, the company may only include the charges
provided in this section. The company may increase its rate
during the license- year, provided that it must first comply
with the notice and display requirements of this subsection.
(4) The company shall submit to the controller its
scheduled rates of fare each year along with its application
for a license or a renewal of the license .
_5 . Charges for taxicab service may o ly include the
following
a pi ck-u charge for tri s resulting from a telephone
reams. _
ii a _pickup _charge for ,'.',...trij2s not resulting from a
telephone request
(iii),- a mileage charge measured in a standard increment;
iv a waiting charge ;
lvL an extra passenger charge ;
16
vi an alternative hourly charge;
(vii) an alternative Notre Dame Football home game fare, on
the date that the University of Notre Dame hosts home
football games .
(viii) a flat rate, so long as the company does not have
more than one flat rate in existence at any one time .
Lfij Effective January 2 , 2013 , each company shall be
equipped and authorized to accept a ent of the fare by credit
or debit card. It shall be unlawful for a taxi company owner or
driver to discourage a�customer from paying by credit card. or to
char e an additional amount for Paying by credit or debit card.
(j ) Receipt upon deman ; contents. The driver of any taxicab
shall, at the end of the trip,
offer to give the passenger a written receipt for the amount
charged. The receipt shall contain:
(1) The names of the holder and driver.
(2) The vehicle license number or motor number.
(3) The amount charged.
(4) The date of transaction.
(k) Refusal to pay legal fare:
(1) No person shall refuse to pay the legal fare of any
vehicle- taxicab mentioned in this section after having hired
the Vie- taxicab.
(2) No person shall hire any vehicle taxicab with intent to
defraud the person from whom it is hired of the value of
such service .
(1) Charging excess rates prohibited. No person or company
owning, operating, or driving any taxicab shall charge a
passenger in excess of the rate of fare .indicated on the
taximeter, if the taxicab is hired by mileage, or as advertised
in the card displayed inside the taxicab or on the outside of the
taxicab, or in excess of the rate submitted to the Controller in
17
writing and acknowledged by the Controller, as required by this
section.
(m) Taxi stand license; application; approval :
(1) Any holder or group of holders of a company license
under this section desiring to occupy a certain designated
place on a public street of the City as a taxi stand shall
file an application with the Controller on forms to be
furnished by the Controller.
(2) The application shall contain the following:
a. The number of taxicabs to be maintained at the
particular stand;
b. The statement that there will be maintained a
telephone numbers
such stand or i4j. CLJ.IL adjacent building, for at Ieust
eight (8) hours each day, that will be used to
facilitate communication between the taxicab using the
stand and the central office of the holder (s) ; and
C . The location of the proposed stand.
(3) The Department of Public Works shall review the
application for a taxi stand license and shall make a
recommendation as to the application for consideration of
the Controller. In making its recommendation, the
Department of Public Works shall determine whether the
proposed stand would be consistent with public convenience
and safety.
(4) Upon the holder of a company license complying with the
above requirements, and upon the Board' s favorable
recommendation, the Controller shall issue to the holder a
license to occupy the taxicab stand.
(n) Taxi stand license fee; terms; transferability; encroachment
of stand; revocation:
(1) The holder of a taxi stand license shall pay one
18
hundred and twenty-five dollars ($125 . 00) per year to the
Controller for each twenty-two (22) feet of the public
streets occupied and used as a taxi stand.
(2) The taxi stand license shall continue to be valid from
year to year upon payment of the fee or until suspended or
revoked pursuant to the provisions of this section and
section 4-16 .
(3) No taxi stand license shali may be transferred or
assigned.
(4) The stand for which such license shall be issued shall
not encroach upon any part of the street (s) or curb (s) zoned
or designated for any other purpose.
(5) The taxi stand license may be revoked by the Controller
for good cause shown after due notice to the taxi stand
licensee and opportunity for a hearing held pursuant to
section 4-16 .
(o) Marking of taxi stands. The Department of Public works; or
its designee shall mark all taxicab stands by appropriate
painting of the adjacent curb and by affixing to the curb at each
end of the stand a metal standard with the words "Taxicab Stand
of " plainly stenciled upon the standard.
(p) Use of taxi stands. All taxi stands may be occupied and used
only by taxicabs belonging to or under the control of the
particul company license holder to whom the standards are
assigned for the full period of twenty-four (24) hours each day.
All taxi stands shall always be available for use by the Police
or Fire Departments of the City and subject to the rights of
reasonable ingress and egress of the abutting property owner or
lessee . Private or other vehicles for hire shall not at any time
occupy the space upon the streets that have been established as
taxicab stands .
(q) Taxicabs awaiting employment to park only at stands;
exceptions:
(1) No owner, license holder, operator, or driver of any
19
taxicab licensed under the provisions of this section shall
cause or permit the taxicab to stand while waiting
employment at any place other than a taxi stand so
designated and licensed to the holder under the provisions
of this section. The standing of any taxicab at a stand or
in an area not licensed as provided in this section shall be
unlawful and shall constitute good cause for revocation of
the taxicab company license, driver' s license and/or vehicle
license, and/or for imposition of a fine in the amount of
one hundred dollars ($100 . 00) .
(2) The time reasonably necessary to take on or discharge
passengers at the point of embarkment or discharge shall not
be construed as a standing of the taxicab under the
provisions of this section, provided that as soon as
passengers have been received or discharged, the taxicab
leaves the point of parking where receiving or discharging
passengers has taken place, unless the act occurred at a
licensed stand.
(r) Cruising; soliciting passengers; standards of appearance and
hygiene:
(1) Any driver may solicit employment by driving through
any public street without stopping, other than when required.
because of obstruction of traffic, and at such speed as not
to interfere with or impede traffic .
(2) No driver may solicit passengers for a taxicab except
when sitting in the driver' s compartment of such taxicab or
while standing immediately adjacent to the curbside. The
driver of any taxicab shall remain in the driver' s
compartment or immediately adjacent to the veh+c-I-e taxicab
at all times when such vehicle taxicab is upon the public
street, except that, when necessary, a driver may be absent
from the vehicle--taxicab for not more than ten (10)
consecutive minutes . Nothing herein contained shall prohibit
any driver from assisting passengers with their parcels or
into or out of the vehicle taxicab or from exiting the
taxicab solely for the purpose of determining whether a
taxicab was called.
20
(3) No driver may solicit passengers in an unreasonably
loud or annoying tone of voice or by sign or in any manner
annoy any person or obstruct the movement of any persons, or
follow any person for the purpose of soliciting passengers.
No driver may disru t or interfere with the travel of other
drivers or a.ssen ers of other drivers . No driver may
abuse, insult, threaten, strike or harm any other driver or
any passenger. No _driver ma,y refuse to transport or
unreasonably delay transporting a„ _ passenger _ to the
passenger' s destination in order to attempt to obtain more
passengers for hare. No driver may refuse to transport„ a
passenger to the passenger' s destinat„i:on, if the destination
is..within ten _ (10) miles outside the corporate limits of the
City of South Bend and if the driver can safely and legally
reach the destination.
(4) All drivers must maintain a neat and clean appearance
and observe reasonable standards of personal hygiene while
on duty or while operating a taxicab licensed by the City.
All drivers must keep the interior of their taxicabs
reasonably free of body odors or odors from food or other
items .
(5) All drivers are prohibited from smoking in their
taxicabs and shall prohibit their passengers from ,smoking
while inside their taxicabs . All taxicabs are to be
designated "non-smoking. ” This _provision shall a-ply even
while the taxicab is "off-duty" and not being commercially
operated or for hire as a taxicab.
(-56) All drivers shall be clean and free of body odor
p g
noticeable to a reasonable assen er. All drivers shall
have visible head and facial hair neatly trimmed and combed
or brushed. All drivers shall wear shirts, blouses, or
dresses with sleeves and collars or necklines that are
finished, sewn and not cut and hemmed slacks, shorts, skirts
or dresses . All drivers shall wear clean clothing without
tears or holes . Shirts or blouses must completely cover the
driver ' s waist . No driver shall wear sweat pants, sweat
shirts , trunks, tank tops , body shirts, muscle shirts, see
through clothing any visible underwear, sandals_ or flip
flops . These dress requirements must be met at any time a
21
driver is operating a taxicab .marked or licensed as a
taxicab within the City, regardless of whether it is for
hire .
(-67) Failure to comply with the requirements of this
subsection may subject the driver to a fine of not less than
one hundred
($100. 00) issued by the Police Department, an officer
commissioned to issue ordinance violation citations or the
Department of Code Enforcement, in addition to other
penalties available under this section against the driver or
holder.
(s) Receipt and discharge of passengers. Drivers of taxicabs
shall not receive or discharge passengers in the roadway, but
shall pull up to the right-hand sidewalk as nearly as possible
or, in the absence of a sidewalk, to the extreme right-hand side
of the road, and there receive or discharge passengers, except
upon one-way streets, where passengers may be discharged at
either the right-or left-hand sidewalk, or side of the roadway,
in the absence of a sidewalk.
(t) Refusal to convey orderly passengers prohibited. No driver
of a taxicab may refuse or neglect to convey any orderly person
upon request anywhere in the City, unless previously engaged or
unable or forbidden by the provisions of this section to do so,
if such person agrees to pay the fare for the use of the taxicab.
However, the driver may comply with reasonable rules and policies
of the taxicab company made for the safety and comfort of drivers
and passengers .
(u) Additional passengers. A driver may permit persons other
than the first person employing the taxicab to ride in the same
taxicab, unless the first person refuses to permit additional
persons .
(v) Number of passengers restricted. No driver may permit more
persons to be carried in a taxicab as passengers than the rated
seating capacity of the taxicab as stated in the license for the
veh±cle taxicab. The driver may not permit any non-fare paying
acquaintance, family member or animal to ride in the taxicab
while cruising or operating it for hire .
22
M Unlawful acts. It shall be a violation of this section for
any driver of a taxicab to solicit business for any hotel, or to
attempt to divert patronage from one hotel to another, or use a
vehicle taxicab for any purpose other than the transporting of
passengers and/or parcels . However, taxicab drivers and company
_ _ literature and
owners are permitted and encouragers to provide literat,_„_,,.__
information on .local businesses and attractions to assist their
risen ers .
(x) Deceiving passengers prohibited. No owner or driver of any
taxicab may deceive, misinform or mislead any passenger, who may
ride or desire to ride in such vehi—c� taxicab, as to a
destination or the rate to be charged.
(y) Direct route to be followed. Any taxicab driver employed to
transport passengers to a definite point shall take the shortest
and most direct route possible that will carry the passengers to
their destination safely and expeditiously.
(z) Limitation on number of persons riding in front seat. No
driver or owner of any licensed taxicab may allow more than one
(1) person to ride on the front seat with the driver of the
vehicle taxicab while it is engaged in the business of carrying
persons for hire .
(aa) Disposition of articles left in taxicabs. Whenever any
package, baggage or goods of any kind are left in any taxicab or
in the custody of the driver of such vehicle taxicab, the driver
shall, upon the discovery of the package or article, immediately
deliver the same to the company' s main office and receive from
such office a receipt, unless the package or article is first
delivered to the owner at the owner' s request . The company may
charge the passenger its scheduled rate of fare for delivery of a
package or article .
(bb) Adoption of additional rules and regulations. The
Controller shall have the power to make and adopt any additional
rules and regulations as, in the Controller' s judgment and
discretion, are necessary and proper for safety in the driving or
managing of taxicabs, , so long as the additional
rules and regulations arerconsistent with the provisions of
this section.
23
(cc) Enforcement of section. The Police Department, Officers of
Departments commissioned to issue ordinance violation citations
and the Department of Code Enforcement are given the authority
and are instructed to observe the condition of drivers and
ar_�- taxicabs and conduct of holders and drivers operating
under this section. Upon discovering a violation of the
provisions of this section, the Pciice or ecde Enforcement
Officer shall issue a citation. The Officer shall report the
violation to the Controller, who will order or take appropriate
action under section 4-16 .
(dd) .Penalties and impoundment of vehicles.
(1) Any iperson operating a taxi company, operating as a
taxi driver, or operating a vehicle as a taxi without a
current license in violations of section. 4-17 or this
section shall be fined $500 . 00 for the _violation. Any
person violating any other of the provisions of this section
shall be fined not more than one hundred dollars ($100 . 00)
per violation. Each day that a violation is permitted to
exist shall constitute a separate violation.
(2) Any fines issued for a violation of this section' s
provisions must be paid before a driver' s license, vehicie
taxicab license, or company license may be issued or
renewed. If the person or entity receivin a fine does not
pay the fine within ten 10 da s after it is issued the
person or entity shall be re aired to -pay a late fee in the
amount of fifty dollars ($50 . 007 .,
(3) -LULIJUunded undem this section shall be returne
to the owner upon the owner' s compliance with the
towing and -1-SUCIrage -fees . If the driver of a taxicab operates
the taxicab in an unsafe manner or condition or fails to
produce a valid drivers license or vehicle taxicab license
issued pursuant to this section at the request of any member
of the Police Department, Department of Code Enforcement, an
officer commissioned to issue ordinance violation citations,
or Deparbment of Central Services Division, the vehicle
shall be impounded.
24 ~
(4) Before a person may recover possession of the impounded
vehicle, the person shall provide proof that the person is
the title holder or lessor of the vehicle and proof of a
vehicle license and taxi driver' s license for the driver
from whom the vehicle was impounded. The owner or lessor
shall also pay all outstanding fines and all costs incurred
in the impoundment and storage of the vehicle before the
vehicle is returned to the owner or lessor. A vehicle
impounded because it was operated by an unlicensed driver
may be returned to the owner or lessor without proof of the
driver obtaining a license -only if the holder of the company
license first shows proof to the City that the driver is not
or is no longer employed or authorized by the company to
drive a taxicab for the company.
(ee) Company license --Required. No person shall operate or
permit a taxicab owned or controlled by that person to be
operated as a vehicle for hire upon the streets of the City
without having first obtained a new or renewed company license
from the Controller.
(ff) Same- Company .license Application; contents.
(1) An application for a company license or a renewal of a
license shall be submitted to the Controller upon forms
provided by the Controller and be verified under oath. k±-I
and Necessity at the time of the effecti-v_- of this
ordinance shall be required to submit an appi-cation for
renewa± of a eompany Eicense within thtrty (38) days after
the--effective ate of--bh i 5
(2) The application shall furnish the following
information:
a. The name and address of the applicant .
b. The financial status of the applicant, including
the amounts of all unpaid judgments against the
applicant, the court and cause [case] numbers where
such judgments were entered, and the nature of the
25
transaction or acts giving rise to such judgments .
C . The experience of the applicant in the
transportation of passengers .
d. The amount and type of liability insurance
coverage issued or to be issued to the applicant to
cover any claims which may be made against the company,
the name of the insurance company, the numbers of any
policies in effect, and all policy expiration dates .
e . The number of vehicles taxicabs to be operated or
controlled .by the applicant, and the year, color, make
and State license plate number and City license plate
number, if known, of each veh±c-l-e taxicab.
f . The color scheme and insignia to be used to
designate the vehicle or vehicles taxicab of the
applicant .
g. Information as to whether the applicant for a
company license has been convicted of a felony or
misdemeanor, and, if so, when and where such conviction
took place, and the nature of the crime for which the
applicant was convicted.
h. The mailing and street address and telephone
number of the place of business .
i . The rates of fare to be charged by the company.
j . The names and addresses of each person authorized
by the company to drive a company v -c� taxicab
within the City of South Bend and the State license
plate number and City license plate number, if known,
of the vehicle taxicab assigned to each driver.
k. Such further information as the Controller may
require .
(gg) Same-Investigation of traffic and police record;
26
(1) The Police Department shall conduct an investigation of
each applicant for a company license and make a
recommendation to the Controller as to whether the
application should be granted. In making its
recommendation, the Police ' Department shall consider the
criminal history of the applicant, if any, and the
likelihood that granting the application will endanger the
health, safety or welfare of the public . The Police
Department shall recommend denial of the application if the
applicant has been convicted of any felony or any crime
against a person within twenty (20) years before the date of
the application, or if the applicant has been convicted of a
misdemeanor or of any crime or infraction involving
dishonesty, driving while intoxicated or under the influence
of alcohol or intoxicants, or driving with a suspended
license within ten (10) years before the date of the
application or is currently on parole or probation under the
Criminal Justice System of the United States or of any
state. A report of the investigation and the recommendation
of the Police Department; shall be attached to the
application for the consideration of the Controller. Any
applicant who has a valid license as of the effective date
of this ordinance shall be deemed to have met the
requirements for a favorable Police Department
recommendation as of that date .
(2) The Controller shall consider the recommendation of the
Police Department and all information provided relevant to
the application in determining whether the application
should be granted.
(hh) Same---Issuance; denial :
(1) if the Controller finds that the applicant for a
company license is fit, willing and able to perform such
public transportation and to conform to the provisions of
this section and the rules promulgated by the Controller,
the Controller shall issue a company license to the
applicant stating:
a. The name and address of the applicant .
27
b. The number of taxicabs authorized under
such certificate .
c . - The date of issuance .
(2) If a company does not qualify for a license under the
terms of this section, the application shall be denied. The
applicant may then request a hearing pursuant to section 4-
16 .
(ii) -5� Liability .insurance required; contents:
(1) No company license may be issued, or continued in
operation, unless there is on file in the office of the
Controller, and in force and effect a current policy of
insurance covering each vehicle to be operated as a taxicab
in an amount of not less than fifty thousand dollars
($50, 000 . 00) for injury to or destruction of property as a
result of any one (1) occurrence and a public liability
policy covering accidental bodily injury, including death,
to any member of the public in an amount of not less than
three hundred thousand dollars ($300, 000 . 00) for all public
liability from any one (1) occurrence. The policy of
insurance shall also provide for uninsured and under insured
coverage in an amount of not less than 1.00 000 . 00 . The
policy ofinsurance shall also include medical benefits in
an amount of not less than $50 , 000 . 00 . The policy shall be
updated annually and be on file with the office of the
Controller before any issuance or renewal of a company
license .
(2) The policy of insurance shall insure the owner and
agent against liability for the payment of any final
judgment, less any deductible amounts, or retained limits
not in excess of one thousand dollars ($1, 000 . 00) that may
be rendered against the owner or agent for injury or damages
to the property or person of others, or for damage for the
wrongful death of others, resulting from any accident or
collision for which the owner or agent will be liable on
account of any act of negligence in the operation of the
taxicab, or which may arise or result from any violation of
any of the provisions of this article or the .laws of the
28
State, by him or any agent.
(3) The policy of insurance on file in the office of the
Controller shall contain the following provision: "The City,
through the office of the Controller, will be given fifteen
(15) days , notice prior to the effective date of the
cancellation or other material change of this policy. "
(jj ) Sane Payment of fee prerequisite to issuance; exception:
(1) No company license may be issued until the holder has
paid an annual license fee of twenty five one hundred
dollars ($25-0E) 100 . 04 for the right to engage in the
taxicab business and fifty dollars ($50 . 00) each year for
each vehicle taxicab operated under the company license .
The license fees shall be in addition to any other license
fees or charges established by this section or any other
statute or ordinance .
(2) The license fees for companies and -robes taxicabs as
provided for in this subsection, shall not apply to persons
having a valid certificate of public ccinven-Lence and
necessity license as of the effective date of this ordinance
until the time the license for such companies and vehicles
taxicabs is to be renewed in the year following the adoption
of this ordinance .
(kk) ;5a=-Transferability. No certificate of public collv�-111�-21,.-e
and rtecessity or company license issued pursuant to this section
may be sold, assigned, mortgaged or otherwise transferred.
(11) Same--Suspension or revocation; notice:
(1) A company license issued under the provisions of this
section may be revoked or suspended by the Controller
pursuant to the provisions 'of section 4-16, if the holder
thereof has :
a. Violated any of the provisions of this section.
b. Discontinued operation for more than ten (10)
days .
29
C . Violated this Code or any ordinance of the City or
the laws of the United 'States or the State of Indiana,
the violation of which reflects unfavorably on the
fitness of the holder to offer public transportation.
(2) Prior to suspension or revocation, the holder shall be
given notice of the proposed action to be taken and shall
have an opportunity to be heard, pursuant to section 4-16 .
(mm) Driver's license--Required. No person shall drive or allow a
vehicle ,ti-c-a:b to be driven for hire upon the streets of the
City, unless the driver of such taxicab shall have first obtained
and have then in force a taxicab driver' s license issued under
the provisions of this section.
(nn) S�Application contents; physician 's report; fee
exception:
(1) An application for a taxicab driver' s license shall be
submitted to the Department of Central Services Division on
forms provided by the Controller and verified under oath.
(2) The application shall contain the following
information:
a. The names and addresses of four (4) residents of
the City of South Bend who have known the applicant for
a period of five (5) years .
b. The experience of the applicant in the
transportation of passengers .
C . The educational background of the applicant .
d. A concise history of the applicant ' s employment,
including dates of employment and addresses of
employers for the ten (10) years before the date of the
application.
e . Information as to whether the applicant for a
driver ' s license has been convicted of a felony or
misdemeanor, and, if so;' when and where such conviction
30
took place, and the nature of the crime for which the
applicant was convicted.
f . A certified cop of the driving record of the
applicant from any state or country_ in which the
_ _ d for the ten (10}___year period
applicant has lived
the application
_q. A___..._....certified copy of the records of the law
enforcement agencies for the ,jurisdictions where the
applicant has resided for the twenty 20 ears
preceding the a lication for the ur ose of
demonstrating the criminal history of the applicant, if
a_ ny
h. If the application is for a new driver' s license
the applicant_ must also provide proof that the
applicant is sufficiently proficient in the English
language to communicate with passengers, law
enforcement officials and persons -processing the
prospective driver' s aiDplication. The a licant may do
so b 1 making- a statement under oath that the
applicant' s native language is English or that the
applicant has spoken English for at least five S
years ; or (2) producing certified copies of diplomas or
results of an English--prof iciency examination. The
Controller, Central Services __Division,iv�.siWon. or a d.es._.._.. ne
accepting the application shall_ have the authority to
inquire into the credentials of the organization or
entity providing a diploma or examination results .
(3) The application shall be accompanied by a photograph of
the driver and a current public passenger chauffeur' s
license issued by the State of Indiana or the State of
Michigan, certificate from a licensed physician certifying
that, in the physician' s opinion, the applicant is not
suffering from any disease or infirmity which may make the
applicant an unsafe or unsatisfactory driver.
(4) Each applicant for a driver' s license shall submit to a
drug test at the applicant' s expense and ,submit the test
results with the application. Each applicant shall also be
31
subject to requests by the City Controller Central Services
Division City - Attorney' s Office or desicTnee thereof for
drug-testing and shall comply with the request within forty-
eight 48 hours of the request, if a complaint or
investigation demonstrates that dru testing should be
required. Testing shall be conducted b an -independent drug
testing entity approved by the Controller. The Central
Services Division shall maintain a list of the approved
testing facilities .
(5) Each applicant must be willing to submit to _.,a testing
program aimed at determining the applicant' s geographical
knowledge the South Bend . The test _shall be
administered at the discretion of the Controller and under
the Controller' s supervision'.
(45) At the time the application is filed, the applicant
shall pay the Controller the sum of five dollars ($5 . 00) as
a processing fee . The applicant shall, also pay the
Controller the sum of ten fifteen dollars
per year upon approval of the application and before
issuance of the license .
(-57) The provisions of this subsection shall not apply to
persons having a valid taxicab driver' s license at the time
this becomes effective, but such persons shall comply with
the renewal provisions of this section after the effective
date of this ordinance .
(oo) Same- Investigation of traffic and police .record. The
Police Department shall conduct an investigation of each
applicant for a taxicab driver ' s license . A report of the
investigation and the recommendation of the Police Department
shall be attached to the application for the consideration of the
Controller. In making its recommendation, the Police Department
shall consider the criminal history of the applicant, if any, and
the likelihood that granting the application will endanger the
health, safety or welfare of the public. The Police Department
shall recommend denial of the application if the applicant has
been convicted of any felony or any crime against a person within
twenty (20) years before the date of the application, or if the
applicant has been convicted of a misdemeanor or of any crime or
32
infraction involving dishonesty, driving while intoxicated or
under the influence of alcohol or intoxicants, or driving with a
suspended license within ten (10) years before the date of the
application or is currently on parole or probation under the
Criminal Justice System of the United States or of any state .
Any applicant who has a valid license as of the effective date of
this ordinance shall be deemed to have met the requirements for a
favorable Police Department recommendation as of that date . A
report of the investigation and the recommendation of the Police
Department, shall be attached to the application for the
consideration of the Controller.
(pp) -SL Application approval or rejection; written report if
rejected:
(1) The Controller shall, upon consideration of the
application and the reports, recommendations and certificate
required to be attached thereto, approve or reject the
application. If the application is rejected, the applicant
may request a hearing pursuant to section 4-16 to offer
evidence why the application should be reconsidered.
(2) The Controller shall sue- provide the reasons for
rejecting the application and any evidence pertinent to the
rejection at the hearing.
(qq) 6ame---Driver ',s license issuance; term
(1) Upon approval of an application for a taxicab driver' s
license, and following payment of the licensing fee, the
Controller shall issue a driver' s license to the applicant
which bears the name, address, age, signature and photograph
of the applicant .
(2) The license shall be in effect until Mayes September
30 of the year after it is issued. A license for every
subsequent year shall be issued upon the applicant meeting
the requirements of this section.
(rr) Display of license. Every driver licensed under this
section shall post the driver' s license in such a place as to be
in full view of all passengers while such driver is operating a
33
taxicab, and shall show the license to any passenger, prospective
passenger, or South Bend Police Officer an officer commissioned
to issue ordinance violation citations, any or employee of the
Central Services Division, the Department of Code
Enforcement or the Bureau of Weights and Measures upon demand.
However, for the personal safety of the driver, the home address
of the driver may be deleted -from the license which is on
display. The driver shall maintain on file in the Office of the
City Controller the driver' s current address .
(ss) Same Suspension or revocation. The Controller may deny a
license or ma suspend or revoke any taxicab company, vehicle
taxicab, or driver' s license issued under this section for a
driver failing or refusing to comply with the provisions of this
Code . The suspension shall last for a period of not more than
thirty (30) daysT. A license may not be revoked unless the driver
has received notice and has had an opportunity for a hearing in
accordance with section 4--16 of this Code .
(tt) Compliance with Federal, State and City laws. Every driver
licensed under this division shall comply with all City, State
and Federal laws . Failure to do so shall justify the Controller
suspending or revoking a license .
(uu) Length of company, driver's or y- -e taxicab licenses. if
issued or renewed on or after June October 1, but before December
31 of any calendar year, the company, driver' s or --= = taxicab
license, issued or renewed under this section shall be valid from
June 1 of the year the date issued or renewed until May 3-1
September 30 of the following year. If issued on or after
January 1, but before May 3± September 30, then the company or
vehicle taxicab license, issued under this section shall be valid
until May 31 September 30 of that year.
vv The Department of Administration and_Finance shall post on
the City website the names of companies licensed operate
pursuant to this section, along „with._ application and_. inspection
forms used in licensing pursp.a.n.tto this section and, where
practicable, photographs or depictions of the ,types and
appearances of taxicabs used by each licensed company_,,......,..._,.
SECTION III . This ordinance shall be in full force and effect
34
from and after its passage by the Common Council, and approval by
the Mayor, and publication as required by law. However, if a
company, taxicab or driver, operating with a license at the time
of passage of this ordinance does not currently meet the
requirements as to numbers of taxicabs or drivers, control of
taxicabs, or colors, color schemes or insignia on taxicabs, the
company, taxicab and driver shall be given until January 2, 2013
to comply with those requirements .
Member of the Common Council
Attest :
of this K is only to pmv-10 3A
City Clerk oppWWRY for PuNit Wed
Presented by me to the Mayor of t e 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, at o' clock M.
Mayor, City of South Bend, Indiana
H;\wpdata\LICENSE\TAXI\4-6l.taxi bill to amend.wpd
Filed in Offices
G
si READING 0 35 AW 0 !� !
PUBLIC HE-AR!NG
3 rd P,EAD#NG
NOT APPROVED CITY CLERK. �%a rH SEND,IN
REFERRED
_. ...
PASS.D
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
The first East/West alley North of Cedar Street, from Niles Avenue East,
172 feet East/West to the vacated North/South Alley.
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 alley to be vacated is the first East/West alley North of Cedar Street, from Niles Avenue
East to the vacated North/South alley (Vacation Ordinance #9529-04) for a distance of 172 feet
and a width of 14 feet, being a part of Cottrell's Addition and also a part of the Original Town of
Lowell (now City of South Bend) in the City of South Bend, St. Joseph County, Indiana.
hereby determines that it is desirable to vacate said property.
SECTION 11. 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:
Memorial Hospital of South Bend, Inc. (Key No. 018-5008-0195 &018-5023-0804)
Section IV. The purpose of the vacation of the real property is to make better use of the
property currently separated by said alley in preparation of a subdivision which shall incorporate it.
OucumenQ
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: ortly to,IPWft
Coin som on t " , -
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 20 , at o'clock m.
City Clerk
Approved and signed by me on the day of —120 , at
o'clock M.
Mayor, City of South Bend, Indiana
Filed in 11"Ws Office
1st. READING
PUBLIC HEARING
3 rd READING
NOT APPROYED CMYt LUC IENO,IN
REFERREQ �« .
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETSIALLEYS)
TO THE COMMON COUNCIL DATE,
OF THE CITY OF SOUTH BEND, INDIANA
I (WE),THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
THE ALLEY DESCRIBED AS:
The first East/West.alley_North of Cedar Street, from Niles Avenue East, 172 feet East/West.to the vacated
North/South_Alley.
NAME ADDRESS LOT#
, '
Navarre Place,Suite te 6645 7, Cottrell's Addition
Memorial Hospital of South Bend, Inc. South Bend. lndiana 46601 49 Lowell (Original Town
c/o Jeffrey Costello
RETURN TO: CONTACT PERSON:
OFFICE OF THE CITY CLERK Terance D. Lang
JOHN VOORDE, CITY CLERK Lang, Feeney&Associates, Inc.
ROOM 455 COUNTY-CITY BUILDING 715 South Michigan Street
SOUTH BEND, INDIANA 46601 South Bend, Indiana 46601
(574)235-9221 (574)233-1841
Filed In Cie-rp]0j
--
joexi
MemorialMl
eyVecat lonPetition.doc
018-5023-0807
018-5023-0802 023-080701
010.5023.08
018.5023-0803
018-5023-0809
8150' 018-5023.0804
018-5023.0810
165'
01$-5022-078301 r
to
orb_ SIB - of 9$
a
W O
w m 01%- 5008- 01RQ
O f
m
018.5008-0201
O �
d
LEGAL DESCRIPTION:
The alley to be vacated is the first East/West alley North of Cedar Street, from Niles Avenue East
to the vacated North/South alley(Vacation Ordinance#9521-04) for a distance of 165 feet and a
width of 14 feet, being a part of Cottrell's Addition and also a part of the Original Town of
Lowell (now City of South Bend) in the City of South Bend, St. Jose7FIle
Office
i END, IN
018-5018-5023 0199, -0201,-018-5022-0804, 018-5023-0810& 0809 018-5023-0808, 080701 &4807
0759,1118-5023-0802, -0803,-0804,018-
5022-076301,-076303 KMG Limited, Inc. Charles S. Hayes, Inc.
Madison Center,Inc. 517 N. Hill Street 814 Marietta Street
403 East Madison Street
South Bend,Indiana 46617 South Bend, Indiana 46617 South Bend, Indiana 46601
Memorial Hospital of South Bend,Inc. MC Assets, LLC 018-5008-0198
c/o Jeffrey Costello Ice Miller, LLP
/ Mk l�lanna8an Madison Center Inc.
100 Navarre Place, Suite 664 ca Mark 15 North Hill Street
South Bend, Indiana 46601 One American Square, Suite 2900
Indianapolis, Indiana 46282 South Bend, Indiana 46624
Filed in Clerk's t3f
tw W3 20 1
CITY CLERK,5t7uTH BEND,I