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HomeMy WebLinkAbout01-14-08 Council Meeting Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MONDAY, JANUARY 14, 2008 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. ANNOUNCEMENT OF VACANCIES FOR CITIZEN MEMBERS FOR THE 10 STANDING COUNCIL COMMITTEES 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL N0. 86-07 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF MEADS STREET FROM KENWOOD AVENUE SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 14 FEET. BEING A PART OF KALEY'S 1ST SUBDIVISION, PORTAGE. TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH. COUNTY, INDIANA 71-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE IV, SECTION 4- 30, TITLED HOTELS AND MOTELS, OF THE SOUTH BEND MUNICIPAL CODE 82-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19, SECTION. 2- 213(a) OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE THE TABLE OF CODE VIOLATIONS AND PENALTIES 87-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO ESTABLISH ONE ADDITIONAL FUND, NAMELY, FUND NO 435 TIF DISTRICT - DOUGLAS ROAD ECONOMIC DEVELOPMENT ALLOCATION AREA 8. BILLS, THIRD READING TIME: RTLL NO. 86-07 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF MEADS STREET FROM KENWOOD AVENUE SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 14 FEET. BEING A PART OF KALEY'S 1ST SUBDIVISION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 71-07 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE IV, SECTION 4- 30, TITLED HOTELS AND MOTELS, OF THE SOUTH BEND MUNICIPAL CODE 82-07 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19, SECTION 2- 213(a) OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE THE TABLE OF CODE VIOLATIONS AND PENALTIES 87-07 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO ESTABLISH -ONE ADDITIONAL FUND, NAMELY, FUND NO 435 TIF DISTRICT - DOUGLAS ROAD ECONOMIC DEVELOPMENT ALLOCATION AREA 9. RESOLUTIONS BILL N0. 07-80 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 202 SOUTH MICHIGAN STREET FLOORS 1,2,4,5,9 AND 11 TO 14 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE-YEAR REAL PROPERTY TAX ABATEMENT FOR KEY SB, LLC, THE HINMAN COMPANY 07-122 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS VACANT LAND IN THE AIRPORT DEVELOPMENT AREA AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN- YEAR REAL PROPERTY TAX ABATEMENT FOR OLIVE CLEVELAND PARTNERS LLC 08-01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3927 RIVERSIDE DRIVE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR EDWARD A. MYERS 08-02 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 6804 MACKEY COURT (OR 1511 STADIUM DRIVE), 6812, 6816, 6820, 6824, 6828, 6832, 6836, 6840, 6844 MACKEY COURT, 1523 MACKEY DRIVE (OR 6848 MACKEY COURT ), 6847 STEWART DRIVE (OR 1517 MACKEY DRIVE), 6846 STEWART DRIVE (OR 1415 MACKEY DRIVE), 1416 MACKEY DRIVE, 1424 MACKEY DRIVE (OR 6904 STEWART DRIVE), AND 6811 MACKEY COURT (OR 1529 BRICK DRIVE) ALL IN LAFAYETTE FALLS, PHASE III, SECTION 3 AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE- YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-WEISS, LLP 08-03 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 918 NORTH SAINT PETER STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR BRIAN & ALISON LEVEY 08-04 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 3950 WILLIAM RICHARDSON COURT AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (6) SIX-YEAR REAL PROPERTY TAX ABATEMENT FOR RYAN FIREPROTECTION, INC. 08-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH. BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE INDIANA FINANCE AUTHORITY AN APPLICATION FOR A SITE ASSESSMENT GRANT IN THE AMOUNT OF $92,386 FOR PROPERTY LOCATED AT 731 WEST CHIPPEWA AVENUE, SOUTH BEND, INDIANA 10. BILLS, FIRST READING RTT~T~ NO _ 01-08 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF RIGHT-OF-WAY LOCATED ON THE NORTHWEST CORNER OF NAPOLEON STREET AND EDDY STREET, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 02-08 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF RIGHT-OF-WAY LOCATED ON THE SOUTHEAST CORNER OF EDDY STREET AND ANGELA BOULEVARD (AKA EDISON ROAD), BEING A PART OF THE NORTHWEST QUARTER OF SECTION 6, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 03-08 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY NORTH OF ST. VINCENT STREET FROM THE EAST RIGHT-OF-WAY LINE OF BURNS STREET, TO THE WEST RIGHT-OF-WAY LINE OF DUEY STREET FOR A DISTANCE OF 248 FEET, MORE OR LESS AND A WIDTH OF APPROXIMATELY 12 FEET 04-08 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY NORTH OF ST. VINCENT STREET FROM THE EAST RIGHT-OF-WAY LINE OF GEORGIANA STREET, TO THE WEST RIGHT-OF-WAY LINE OF BURNS STREET FOR A DISTANCE OF 248 FEET MORE OR LESS AND A WITH OF APPROXIMATELY 12 FEET 05-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $92,386.00 OF INDIANA FINANCE AUTHORITY GRANT FUNDS WITHIN FUND 210 FOR THE PURPOSE OF A PHASE II ENVIRONMENTAL ASSESSMENT OF PROPERTY LOCATED AT 731 WEST CHIPPEWA AVENUE IN SOUTH BEND, INDIANA 06-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,300,000 FROM THE MAJOR MOVES CONSTRUCTION FUND (FUND NUMBER 412) FOR CERTAIN INFRASTRUCTURE IMPROVEMENTS AT THE EDDY STREET COMMONS AND TRIANGLE DEVELOPMENT 07-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $100,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING PREDEVELOPMENT COSTS FOR POTENTIAL DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND 08-08 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IMMEDIATELY WEST OF 3515 MCKINLEY AVENUE, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS A. REPORT FROM BOARD OF ZONING APPEALS 1. BILL N0. 08-05 - SPECIAL EXCEPTION - 1939 CHARLES STREET - TO BE SET FOR PUBLIC HEARING ' B. BILL 47-07 - POLICE PROMOTION - LETTER TO WITHDRAW 12. NEW BUSINESS A. UPDATES FROM COUNCIL MEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS B. MISCELLANEOUS 13. PRIVILEGE OF THE FLOOR A. PUBLIC PORTION B. UPDATE FROM COUNCIL MEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING 14. ADJOURNMENT TIME: ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The alley to be vacated is the first North/South alley East of Meade Street from Kenwood Avenue South to the first EasdWest alley for a distance of 14 feet. Being a part of Kaley's lst Subdivision, Portage Township, City of South Bend, St. Joseph County, Indiana. 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 with in 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 vacate the following property. The alley to be vacated is the first North/South alley East of Meade Street from Kenwood Avenue South to the first East/West alley for a distance of 14 feet. Being a part of Kaley's 1st Subdivision, Portage Township, City of South Bend, St. Joseph County, Indiana. 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 maybe injuriously or beneficially affected by such vacating: Lot #2502, Lot #2504 SECTION IV. The purpose of the vacation of this property is for elimination of neighborhood individuals using this alley for gathering (hanging out), making noise, drink- ing and in general trashing the adjoining properties. SECTION V. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Cour>~il Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2007, at o'clock . M. City Clerk Approved and signed by me on the day of , 2007, at o'clock .m. ~Z-~ ~-~1 1 st READING PUBLIC HEARII~IC, 3 rd READING {.IpT APPROVED REFEP.REIa PASSE Mayor, City of South Bend, Indiana FEE~~ ~~ G~~i'~i'S Q~~E~~ NOV 2 1 2007 JOHN VOO?DE GIN GLEi,K, ~O. BEhD, IN PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: ~f' ~ ~~ 1 (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: JUe3Zrr~~~l~r~ .~cc~r ~,~r ~~ ~~,~p>~, ~r~r_-7' ~r ~~cva~~ ~FvE; B. THE STREET DESCRIBED AS: ~c~~ ~C/~tiJcJ~ NAME (signed S~ printed) ADDRESS s E~~~E~e 1 2007 ~4~C~O~tGE C;t~ G[,F:?~K, RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 LOT # 20 CONTACT PERSON (S) NAME: R AmA'7Ar~ S/~GAn-~~/~ ADDRESS: ,_,,'SSj/1 .~~E1rLi~rlq ~~11 ~p ~ru~,~v ,zN_ ~/ds~p PHONE: ~~~ ~Z3- d2~~-- co . d'. cD N t0 I ~.,~ d' ~ ~ c0 N ~ d- ~ i ~ ~ N N ~ N N N ~ i I ~ 18 2Q67 ~~ E f~~1 W O O D A U E I\I U E ~R 150 , a, ~--- w w W w ~ _ \ ~ ~ ~ ~n ~ N ~ ~ N rn ~ N ~ ° N o N I I I _~ N o ~ N o ~ N I I 0 N I N 0 N I I I , 0 rn ~- ao 0 N O~ O 18-2 68 ~ o O N r- w I~ z I d- ~n `~ I rn ~{- N N N rn I I I ~ ¢ N N I I ~_~ Fs{~;~ [~ ~I~rI~'s O~fce Nov z ~ 200 E I ~ D E ~ AVENUE Ja~~ ~,a~~QE cm ct_E~K; so. e~t~o, tt~ The alley to be vacated is the first North/South alley East of Meade Street from Kenwood Avenue South to the first East/West alley for a distance of 14 feet. Being a part of Kaley's 1st Subdivision, Portage Township, City of South Bend, St. Joseph County, Indiana. 1316 COUNTY-Crrt BUILDTNG 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN ~. LUECKE, MAYOR BOARD OF PUBLIC WORKS October 23, 200? Mr. Ramadan Salameh Discount Depot 2512 Royal Vista Terrace South Bend, Indiana 46637 PHONE 574/ 235-9251 FAx 574/ 235-9171 TDD 5741235-5567 RE: Alley Vacation -North Half of North/South Alley South of Kenwood Avenue and West of Freemont and the West Half of the East/West Alley South of Kenwood Avenue and West of Fremont Dear Mr. Salameh: Upon review by the Engineering Division, Area Plan Commission, Community & Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office, the following comments and recommendations were submitted: Area Plan stated 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. Community and Economic Development stated that .the north/south alley is okay for vacation. However, the residence at 2525 Linden appears to have a garage on and uses the east/west alley. The Fire Department stated that a fence and the vacation of these alleys make it difficult for the people on Linden Avenue. Environmental Services stated that the vacation of these alleys will affect trash collection. Engineering stated that the neighboring properties rely upon the existing alleys for access and this vacation will hinder the development of surrounding properties. GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER October 23, 2007 Salameh, Ramadan Page 2 of 2 The Board of Public Works is giving this vacation an unfavorable recommendation. A security fence can be installed without vacating the alley and trash collection will be affected. If you wish to proceed with this vacation, you will need a radius map showing properties within 150' of the proposed vacation and an executed Cross Access Agreement for your petition to the Common Council. Please contact Tony Molnar at (574) 235-92S4 prior to picking up your radius map. Once these concerns are addressed and you have the radius map, proceed to the City Clerk's office for your alley vacation packet. Once you return the petition to the City Clerk' s office, they will forward a notice of First Hearing, upon-which the Board of Public Works will forward their recommendations to them. Sincerely, 1' ~ i~ t ~n~.~~~~ ~. \``~Lmda M. 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L- ° ,' O OL W iKt• BL/ BL~ LL 9L ~~P ~ N 5D~ ~~ 0 ~ ~ i ~ '~ ~ ~ • °~'' ®~~. 6% ~ ~ ear BL/ b no, ~ 0% v E55L-I 4 eLl' 9 ,o BLyOI ~ 5L4L'•(zOI ~ oa) : °JLSL-E5 SLSL-LS `* L ri p% v %BSL-Llriw , ° ~°~ ~ H 0 ~ o ° bLSL-•bS 6L5L-/S v° ; µ° 54L• ° 585E-8/L 5/ v F`~ a I , ILSL-OS - ~ - 156L-E ENTER-OFFICE P~EMORA~®UM BOARD OF PUBLIC VVORII;S TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax} Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (Irbettin(c~nisource.com or 284-2220 fax} For Informational Purposes Only FROM: Linda M. Martin, Clerk`~~^iti--- RE: Request for Recommendation -Alley Vacation Location: North Half of North/South Alley South of Kenwood Avenue and West of Fremont -and -West Half of East/West Alley South of Kenwood Avenue and " West of Fremont (Preliminary Review) DATE: September 5, 2007 DUE: September 17, 2007 FAX OR E-MAIL TO: 235-9171 / Imartin(a~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: ?mss=--e~~ ~'g ~~,yl~, ~ f~-.~~-s[, ~n ~,~,~ ~.ls~ 9'~t~r -~ / gyp, ~-~r1 nv~ ~.dnrsl~l.y,4 ~~J ~~/ t*~ 11t,H~ ~Y.s t-/a ~~slit„ 7~ f , DATE: ~~~ / ~'I INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS 70: Carl Littrell, Engineering Department Jahn Byomi, Area Plan Commission (235.9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack DEllon, Solid Waste StEphen Goen, Police Department Cheryl Greene, City Attorney's Office ' Jim Bettin, NIPSCO (irbettin~nisource.com or 28G-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk"~yy~-r~ ' FtE: Request for Recommendation -Alley Vacation Location: North Half of North/South Alley South of Kenwood Avenue and West of Fremont -and -West Half of East/West Alley South of Kenwood Avenue and West of Fremont (Preliminary Revi®w) ' DATE: September 5, 2007 DUE; ~ September 17 2007 FAX OR E~IWIAIL TO: 235-9171 1 ImartlnCc~southbenditt,gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. . CQMMi=NT£r &, RECOMMI=NDATIONS: D ~.~_ ~oNG. ~~ ~~ nr~1~N ~S ~b `~ V~ r ,. /'?~Af/T" !~'If~lfs . ~ T' OrF~~~c~[.T ~oR ~E ,P~ov.~ oN BY;~~~~' ~ DATE: ~' ~~~~ _, TO/TO B~Jtid 1d~Q 32II~ QN~g H1f10S ^"b • ~~: 90£65~ZpL5 EB~OT L00Z/L0/60 ~!, SeP 08 07 08:59 SBPD TRAFFIC cz~9~, ~~' ~~ r' ~V~~ lN°CER-OFFICE MEt1~t®RANDUl41~ EOAfd® ®F PUBLIC ~61CRI~S TO: Car( Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development • Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (LbettinCa7nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk~`~'~---• • RE: Request fo.r Recommendation -Alley Vacation Location: North Half of NorthlSouth Allev South of Kenwood Avenue and West of Fremont -and -West Half of Eas1/West Alley South of Kenwood Avenue and West of Fremont • (Preliminary Rev[ew) DATE: September 5, 2007 DUE; September 17, 2007 FAX OR E-MA1L TO:, 236-9171 ! imartin(c~southbendingov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS; BY:_ .~ ~ ~/ C~1~-- ~ DATE: ~' ~ ` O 7 ~~. .. ~... ,, (9/7/2007) Ardre Price - 20070906090118045 pdf Page ~-5ourx Qr ant ,\~h;~~~;rl~, ~~ ~~ j i~, ~\ i% tpz+ 'CU Q~ ~\ i i ~~i I~\~~\\EAC6~ t 1 F~ b ~' ]865 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO; Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development • Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (Irbettinra'~nisource.com or 284-2220 fax) Far Informational _ Purposes Only I FROM: Linda M. Martin, Clerk"'}",- RE: Request for Recommendation -Alley Vacation Location: North Half of North/South Alley South of Kenwood Avenue and West of Fremont and West Half of East/West Allev South of Kenwood Avenue and West of Fremont IPreliminary Review) i DATE: September 5, 2007 DUE: September 17, 2007 FAX OR E-MAIL TO:. 235-9171 / Imartin(a~southbendin.gov ..... , .. ,. RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. ' COMMENTS & RECOM ENDATIONS: /_ ~` 1 ~ . .: ~:~: BY: DATE: • 09-17-07 11:26 COMMUNITY DEVELOPMENT ID=-'1-15742359697 P•03 . INTER~OFFiCE MEMORANDUM • BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development RobErt Sanders, Fire Department ., Jack Dillon, Solid Waste Stephen Goen, Police Department ~~ Cheryl Greene, City Attorney's Office - ~ ~~ Jim Bettin, NIPSCO (jrbettinna,nisource.com or 284-2220 fax) For Informational .. . Purposes Only Ka4M: Linda M. Martin, Clerk~l'~---•~ . .. r•a~ RE: Request for Recommendation -Alley Vacation , . Location: North Half of NorthlSouth Alley South of Kenwood Avenue and West ~~. of Fremont -and -West Half of East/West Allev South of Kenwood Avenue and West of Fremont ~~ (Preliminary Review) DATE: September 5, 2007 QUE: ~ September 17, 2007 FAX 4R f -MAIL TO:, 235-9'f 71 / Imartln(c~southbendin.aov RETURN RECOMMENDATION PAGE QNLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: Z.~ a ~~rs ~e~' ('sera is ~~ neee~ -Far secesS an~ ~e so~~ s,~~ 0~ ~'w•~f~e~ UcCct-,~~ (e c~Mr-~cnel~cl ~o f ~- ~.,/ c~Iec1 df no Inns-f~lr7 4(C~sS i,~SdG~$ ~ V4CChVn (CCG('1~`'Anelc.G TO(+ N~S R~~eC~. BY. f ~ +~ h Q O f ~'s3 c~C~ DATE: / ! ~7 ~ ~' I . ..~ ~: v.:T:li.... :: w.: . _ 1, .:fir.\.•. •.:: ..: .pry •ry ' ~ ... ':~titir: :. ,;- :~ INTER-~FFlCE Il~EP.~®R~eN®U~I E®ARD ®F PUELIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jef Gibney, Community & Economic Development ris Dressel, Community & Economic Development . ,.Bob Mathia, Community & Economic Development ~bbert Sanders, Fire Department Eck Dillon, Solid Waste ~phen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettin~nisource.com or 284-2220 fax) For Informational Purposes Oniy FROM: Linda M. Martin, Clerk``~~ }~---= RE: Request for Recommendation -Alley Vacation Location: North Half of North/South Alley South of Kenwood Avenue and West of Fremont -and -West Half of East/West Alley South of Kenwood Avenue and West of Fremont (Preliminary Review) DATE: September 5, 2007 DUE: September 17, 2007 FAX ORE-MAIL TO:, 235-9171 / Imartin(cr~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS ~ RECOMMENDATIONS: ~~ /~eco~ art ~ u r~,Ca vDra~ ~ ,TE: ~o~°/d7 i ~ S e ccc,-; ~i c e cep ~e r~,s ~Z ~~ w - d~~ vQ.e a d' a i 1400 ~'AUNI'Y-CITY BLIII-DING 227 ~/. ]EFFERSON BOL7LEl'ARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9241 Fnx 574/235-9892 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN ~. LuECI¢, MAYOR DEPARTMENT OF SAW CHARLES S. LEONE CITYATroRNEY Rev. Timothy Rouse, President South Bend Common Council 455 County-City Building South Bend, IN 46601 ALADEAN M. DEROSE CHIEF ASSISTANT CITYATI'ORIvTEY October 16, 2007 `-_L ~ ~ ~ RE: An Ordinance of the Common Council of the City of South Bend, Indiana, Amending Chapter 4, Article IV, Section 4-30, of the South Bend Municipal Code Dear Council President Rouse: Attached for filing with the Common Council is an ordinance which creates operating standards for hotels and motels (collectively "hotels") in the City of South Bend. The concepts for the ordinance grew out of the occurrences last spring at the Wooden Indian Motel, and we believe the proposed standards imposed on South Bend's hotel industry will reduce the problems caused by the few establishments generating most of the public safety personnel responses. As you will see, the ordinance uses a 3-tier classification system based on police calls for service (CFS). This is an approach suggested in a study published by the U.S. Department of Justice titled "Disorder at Budget Motels" by Karin Schmerler, U.S. Department of Justice, Problem-Oriented Guides for Police Problems -Specific Guide Series No. 30. The intention of the ordinance is to impose minimum requirements upon well managed, trouble free hotels, and to require the problematic hotels to take action designed to reduce crime and violence on their premises. The South Bend Police Department conducted a preliminary CFS assessment of all local hotels, and found that if these remain the same, most South Bend hotels would fall in the Tier #1 category; one would fall in the Tier #2 moderately regulated category; and two hotels, including the Wooden Indian, would fall in the most regulated Tier #3 category. THOMAS L. BODNAR CHERYL A. GREENS AI~TN-CAROL NASH JEFFREY M. JANKOWSHI SHAU7N E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN The attached ordinance increases the license fees for all hotels, although the fee for Class 1 hotels is moderate (from $95.00 to $135.00) reflecting the additional administrative costs of preparing and issuing the CFS classification annually. The greatest cost of licensing is imposed on Tier 3 hotel ($505.00) which is similar to adult business licensing fees and which is caused by the cost of monitoring and assuring compliance with the ordinance. The South Bend Administration believes that this ordinance, when joined with the City's existent regulation of unreasonable noise, curfew, fireworks, pan handling, solicitation, and loitering, will add greatly to public safety and to the quality of life in South Bend. We hope the Common Council will review this ordinance favorably. I will present the ordinance to the Council at its Committee meeting and at its public hearing. Thank you. Sincerely, Charles S. Leone City Attorney CSL/sra ~ti~~ ~~ ~~~1`~' add ~~ OCT 1 72007. ~~ ~~~~~ n E ty ~ f,, ~: C(TY G?.S:SIJ'}_'~WW>trt',i?%i.,i.' .. ._,....A,~ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE IV, SECTION 4-30, TITLED HOTELS AND MOTELS, OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT The City of South Bend is committed to the health, safety and welfare of its residents. It is also a high priority of the Common Council to provide for the health, safety and welfare of visitors to the City. Certain hotels and motels (collectively "hotels") can have disproportionately high rates of police and emergency calls for service, violence, prostitution and drug activity which can have a negative impact on health, safety and welfare of the community. Because there is no common set of operating standards within the hospitality industry that defines and shapes the obligation of hotel and motel businesses to their guests and the surrounding community, it is the intent of the Common Council to proactively establish local health, safety and welfare standards for hotels in the City of South Bend that will help create a vibrant and robust environment for the, enjoyment of it tourists, visitors, residents and businesses. These amendments to the South Bend Municipal Code establish a program by which the City may measure criminal activity in hotels and then reduce the harmful effects of that criminal activity through various measures proven to be effective in other parts of the country. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 4, Article IV, Section 4-30 of the South Bend Municipal Code shall be deleted in its entirety and amended to read as follows: Section 4-30. Hotels and Motels. (a) Definitions. As used in this section, unless otherwise expressly stated, the following words and phrases shall have the following meanings: (1) Calls for Service includes but is not limited to any and all calls to emergency services (police, fire, medical, Code Enforcement) that result in a representative being dispatched or directed to the hotel. This shall include any calls for service within the surrounding neighborhood that through information or investigation can be traced to the hotel staff, registered -1- guest or visitor. Calls for service include any self initiated activity and/or investigation based on the observation(s) of an emergency services representative. Calls for services by Code Enforcement shall include only those calls relating to an immediate threat to health or safety. Calls for service shall be measured by one event or occurrence at a hotel. Multiple calls for one discrete event shall count as one call for service. (2) Drug related arrests include but are not limited to those that involve the manufacture, cultivation, importation into the state, transportation, possession, possession for sale, sale, furnishing, administering, or giving away or providing a place to use or fortification of a place involving any illegal or controlled drug1 narcotic or drug paraphernalia. (3) Guest shall mean any registered hotel guest or any other visitor who occupies a guestroom. (4) Guestroom means a sleeping room in a hotel designed and intended to be used as lodging for transient visitors to the city as documented by the city building official or his designee. (S) Hotel means any building or group of buildings or facility containing six or more guestrooms any of which is occupied or intended or designed for occupancy by transients for lodging or sleeping purposes for thirty days or less and is held out as such to the public, even if some rooms are available for lodging, sleeping, occupancy or rental for a term of more than thirty (30) days.. Hotel shall include motels. Hotel does not mean any hospital, convalescent home, or sanitarium. (~ Hotel operation means the occupancy of any guestroom or use of any hotel regardless of compensation or remuneration. (~ Operator means any person who is the proprietor of any hotel whether in the capacity of owner, lessee, receiver, sub-lessee, franchisee, mortgagee in possession, manager, or agent of any of the aforementioned who offers and accepts payment for rooms, guestrooms, sleeping accommodations, or board and lodging and retains the right of access to and control of the dwelling unit. (8) Person shall mean any natural person, firm, partnership, corporation, receiver, trustee, estate trust, business trust, organization or association. (9) Prostitution-related arrests include but are not limited to those that involve prostitution or prostitution related crimes such as pimping or pandering in violation of Section 13-75.5 of the City of South Bend Municipal Code. (10) Residential rental unit means an apartment house, lodging house, or dwelling that is not owner occupied. -2- (11) Transient means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any person who in fact exercises occupancy or is in fact entitled to occupancy for a period of 31 days or more, counting portions of calendar days as full days, shall be deemed not to have been a transient with respect to the first 30 days of occupancy or entitlement to occupancy. (b) Classification of Hotel by CFS Ratio. (1) By January 10 of each calendar year, the South Bend Police .Department shall determine the Call For Service (CFS)/Room Ratio of all Hotels located within the City of South Bend during the previous calendar year, or during the Hotel's actual operations if less than twelve (12) months. (2) Based upon this CFS Room Ratio determined by the South Bend Police Department, all Hotels within the City of South Bend shall be classified during that year according to the following tier system: a. Tier 1. Less than or equal to 0.35 CFS /Room /Year; b. Tier 2. Between 0.36 CFS / Room/Year to 1.0 CFS /Room /Year; and c. Tier 3. More than 1.0 CFS /Room /Year. (c) Notice of CFS Ratio and Proposed Classification to Hotel Owner. By January 15 of each calendar year the City Police Chief or his Designee shall notify each hotel owner within the City, in writing, of the CFS /Room /Year ratio which shall be used as the hotel's classification for that calendar year. (d) Duties of Hotel by CFS/Room Ratio. (1) A Tier 1 classified hotel owner shall not be required to make any changes to its method of operations. (2) A Tier 2 classified hotel owner shall be required to do all of the following: a. Have a staff member on the property twenty-four (24) hours per day. b. Maintain an operable surveillance camera in the lobby and parking areas at all times and preserve surveillance tapes for at least thirty (30) days; and c. Participate in a crime prevention assessment by the South Bend Police Department or other agency recognized by the South Bend Police Department as capable of providing a crime prevention assessment comparable or superior to the -3- assessment provided by the South Bend Police Department. (3) A Tier 3 classified hotel owner shall be required to do all of the following: a. Meet all requirements of owners of Tier 2 classified hotels; b. Require all guests to furnish government issued photo identification at the desk and retain a copy of the identification along with name, address and telephone number of employer and emergency contract as well as home address, home telephone number, and date of birth of guest; c. Submit to the South Bend Police Department the names, addresses, dates of birth and social security numbers of all employees, agents, and managers along with a criminal history for the previous ten (10) years prior to issuance of this hotel license; d. Submit a copy of training materials provided to all employees as to management practices including check-in procedures, security procedures, and emergency procedures; e. Maintain a strict twenty-one (21) years or older policy for both guests and visitors unless the guest is accompanied by a parent or legal guardian; f. Retain the names and registration information of all persons who have been arrested on the property, caused a disturbance, acted in a manner which necessitated a call to police, or who did not follow hotel rules during rental and prohibit such persons from entering any portion of the hotel building, yard, parking lot, or other hotel property for a period of not less than six (6) months; g. Refuse to rent to known prostitutes, gang members, drug dealers, or any person visibly intoxicated or under the influence of illicit substances; h. Prohibit visitor access to any guest or resident room between the hours of 11:00 p.m. and 6:00 a.m. i. Prominently post a copy of the Rules required by this subpart in the hotel registration area and in all guest rooms. (e) License Requirement and Fees. (1) No person shall engage in the business of operating a hotel without first completing the prescribed application form, paying the required fee, and obtaining a license from the Office of the City Controller. This license fee comprises a five dollar ($5.00) application fee and shall be used for the cost of administration and enforcement of this Section; and shall be based upon -4- the classification Tier within the City of South Bend of the hotel as determined in subpart (b)(2) of this Section which fees are as follows: Tier 1 - $135.00 Tier 2 - $175.00 Tier 3 - $505.00 (2) The license application shall include the following: a. Name, address, and telephone number of intended operator. b. Trade name and street address of hotel. c. State and date of incorporation of operator if operator is a corporation. d. Name and phone number of person to be contacted in an emergency. Failure to provide or material misrepresentation of required information shall be grounds for denial of the license. (3) A hotel which has not previously operated in South Bend shall be presumed to be a Tier 1 hotel for purposes of licensing and fees for the fast year of its operation. (4) A hotel must submit its application for license renewal by February 28~' of each calendar year based upon its classification Tier for that year as determined by the South Bend Police Chief or designee. (5) The license acquired from the City shall be prominently displayed at all times in the hotel where it is visible to registering guests. (6) Each license shall expire February 28`~ of the year following the year in which it is issued, and may be renewed only by making application as provided in Subsection 1 above. Application for renewal should be made at least twenty (20) days before the expiration date, and when made less than twenty (20) days before the expiration date, the expiration of the license will not be affected. (f) Change of Hotel Tier Classification . The City may change the status of any Tier 1 or Tier 2 hotel operator during a calendar year upon notice in writing to the owner that the CFS /Room Ratio of such hotel has increased proportionately such that the CFS /Room Ratio if annualized would fall within the Tier 2 or Tier 3 level. Upon such notice, the owner shall have ten (10) days from the date of notice to show proof that the revised CFS is erroneous, and shall have thirty (30) days from the date of notice to implement the changes in operation required by the revised classification and to pay the difference between Tier 1 license and the Tier 2 or Tier 3 license, whichever is applicable. Failure to comply with this provision may result in revocation of the -5- license. (g) Denial of License. (1) The license of a Tier 1 hotel shall be issued upon submission of application and payment of fee. The license of a Tier 2 or Tier 3 hotel shall be issued upon submission of application; payment of fee, and upon inspection performed by the .South Bend Police Department indicating that the owner is in substantial compliance with the operations requirements of a Tier 2 or Tier 3 hotel. (2) The City may deny issuance of a license to any Tier 2 or Tier 3 hotel which the South Bend Police Department inspection fmds to be not in compliance with the. Tier 2 or Tier 3 operation requirements. The owner shall have a period of thirty (30) days to correct the deficiency and request issuance of the license. Failure to show proof within thirty (30) days that the deficiency has been corrected shall constitute waiver of the owner's right to contest the denial. (3) If upon owner's submission of proof of corrected deficiency, the City may deny the license if it finds that the owner's corrective measures do not cure the deficiency, and the matter shall be scheduled for administrative hearing within thirty (30) days of the City's second denial. (4) An owner who has submitted an application, paid the license fee, and shown proof of correction following denial may continue to operate unless and until notified that the correction is inadequate. (h) Revocation of License. (I) The annual hotel license of any tier hotel shall be subject to revocation by the City Controller or designee upon good cause shown that the operation of •the hotel constitutes endangerment of the health, safety, and/or welfare of guests or residents of the neighboring community by any of the following: (a) Non-compliance with federal, state laws or the South Bend Municipal Code. (b) Occurrence of drug related arrests of guests, employees, or visitors. (c) Prostitution related arrests of guests, employees, visitors or others. (d) Substantial and significant increase in CFS/Room Ratio. (2) The license holder shall be entitled to written notice of the basis for revocation including the dates when the occurrences took place, a history of the calls for service, and nature of the violations. A hearing shall be scheduled and the owner and operator identified in the license holder's application shall be given notice of the hearing date and time. -6- (3) If the hearing officer affirms revocation, then Notice of Revocation of License to Operate shall be issued forthwith and posted at the hotel by a member of the South Bend Police Department. (4) Judicial Review. Judicial review of an adverse order of the hearing officer shall be subject to Indiana law governing review of agency action, Ind. Code 4-21.5-5-1 et seq. (i) Penalty. Operating a hotel without a valid hotel license or failure to comply with any of the requirements of this Section may result in a fine up to the sum of Two Thousand Five Hundred Dollars ($2,500.00). Each day of violation shall constitute a separate offense. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: Member, South Bend Common C uncil City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. Deputy City Clerk Approved and signed by me on the day of 2 , at o'clock . m. _. ~~......,. 1 O _LL ~~ PUBLfC HEARING ~ rd READING NOT APPROVED REFERRED PASSED Mayor, City of South Bend, Indiana Filed l~ Cte~k'~ Ofifiice OGT 1 7 2007 -~ JOHN VDARDE CITY CLERK, S0. BEND, IN. tom' 1400 CouNrr-CITY BuanlNc 227 W. JEFFExsON BOULEVARD Sovrx BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW Mr. Timothy A. Rouse President, South Bend Common Council - ~~ ~ ~ ~ ~ ~ ~~ 4"' Floor, County-City Building ~, South Bend, IN 46601 CHARLES S. LEONE ALADEAN M. DEROSE CITYATTORNEY November 5, 2007 CHIEF ASSISTANTCITYATTORNEY Re: Ordinance Amending South Bend Municipal Code Section 2-213(a) Dear Mr. Rouse: Attached for filing with the South Bend Common Council is an ordinance amending Chapter 2, Article 19, Section 2-213(a) of the South Bend Municipal Code. Code Section 2-213(a) contains the list of all acts which violate the Municipal Code and the prescribed penalty for each violation. This Cade Section has not been updated for awhile, and the attached ordinance makes the necessary changes. I will present this ordinance to the Common Council at its Committee meeting and at public hearing. Thank you. Sincerely, ~~> - - Aladean M. DeRose Chief Assistant City Attorney AMD/cw Enclosure PxoN>: 574/ 235-9241 FAx 574/ 235-9892 TDD 574/ 235-5567 F~~~~'4 =~ ty i ri ~~'~ ~'iit~~~' P! 0~1 - 7 ~0~~1 ~cE;.t~ vu~~~~ CITI G'L"5~, a^. E~~:Pi~, 114. THO.NAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI SHAWN E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19, SECTION 2-213(a) OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE THE TABLE OF CODE VIOLATIONS AND PENALTIES STATEMENT OF PURPOSE AND INTENT The Table inset of Chapter 2, Article 19, Section 2-213(a) of the South Bend Municipal Code is a summary of all acts which constitute violations of the South Bend Municipal Code along with the penalties prescribed for each violation. This table has not been revised recently to reflect changes, and additions to the listed violations and their respective penalties. This ordinance provides the necessary update. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCII. OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 2, Article 19, Section 2-213(a) of the South Bend Municipal Code shall be amended to read as follows: (a) The following schedule of ordinance and code provisions are subject to admission of violation before the Violations Clerk and includes the amount of the civil penalty to be assessed a violator who elects to admit a violation: TABLE INSET: Municipal Code Section Type of Violation Penalty 4-8 Licensing violation 50.00 4-18.5 Adult businesses up to 2,500.00 4-19 Arborist license 4-20 Automotive repair and service centers 50.00 up to 2,500.00 4-20.5 Vehicle removal service 15L - 50.00 2nd - 250.00+ thereafter - 250.00 up to 2,500.00 4-22 Carnivals and circuses 400.00 up to 2,500.00 4-23 Fertilizer manufacturing facilities 25.00 up to 2,500.00 4-25 Food vending vehicles ~ to 100.00 4-30 Hotels and motels up to 2,500.00 4-34 Self-service laundries ~ to 2,500.00 4-35 Massage establishments and technicians 500.00 up to 2,500.00 4-36 Pool halls ~ to 2,500.00 4-38 Open-air businesses ~ to 2,500.00 4-39 Public parkin facility up to 2,500.00 4-40 Outdoor motion picture theaters 500.00 up to 2,500.00 4-43 Peddlers and canvassers ~ to 2,500.00 4-44 Precious metals dealers 200.00 up to 2,500.00 4-45 Restaurants, generally up to 2,500.00 4-46 Restaurants with live entertainment and /or music up to 2,500.00 4-47 Recycling drop off centers lsc _ 50.00+ 2"d - 100.00+ thereafter - 200.00 up to 2,500.00 4-48 Rubbish and garbage removal X9:99 300.00 4 51 metal dealers junk dealers valuable Scra 200.00 up to 2,500.00 - p metal dealers and recycling_operations 4 53 Secondhand stores 200.00 ~ to 2,500.00 - 4-55 Charitable solicitations 50.00 ~ to 2,500.00 4-60 Transient merchants (operator) up to 2,500.00 4-60 k Transient merchants (property owner) ~ to 500.00 4-61 Taxicabs: companies, vehicles and drivers ~ to100.00 4-62 Waste to energy facilities 25.00 up to 2,500.00 5-8 General animal care regulations ~r.99 ~ to 2,500.00 5-9 Sale of baby rabbits, chicks or fowl prohibitedi exception -1-5:99 25.00 5-10 Motor vehicle accidents involving animals 15` - 25.00 thereafter - 50.00 5-11 Animals in motor vehicles x-5:66 25.00 5-12 Poisoning of animals 59:6@ up to 2,500.00 5-13 Trapperin of animals restricted -}5:96 25.00 5-14 Maximum number of dogs or cats per household X5:66 25.00 5-15 Acreage requirements for certain domestic animals 15.00 5=-~ X5:66 5-17 Owners or agents responsible for Kremov~ing of animal wastes ~~:66 25.00 5-18 Animal bites and reports ls` - 25.00 thereafter - 50.00 5-19 Annual vaccination of dogs and cats required uP to 2,500.00 5-20 Performing animal exhibitions 75.00 5-21 Interference with animal control officer prohibited ls` - 25.00 thereafter - 50.00 5-21.2 Animals Prohibited to Be Brought to Lame Events Held on Public Property: Prohibition 125.00 5-22 Protected animals 1S` - 25.00 thereafter - 50.00 5-23 Keeping certain animals prohibited ' X5:66 15` - 200.00+ thereafter - up to 500.00 5=~6 X5:66 5-27 American Pit Bull Terriers and Other~`atentialYp Dangerous dig Animals: L}icensin 59:66 100.00 5-28 American Pit Bull Terriers and Other~'e~erni~lq Dangerous ~g Animals: Specific regulations 50.00 5-28 a ~ecific regulations - Defacin tag_ ttoos 50.00+ 5-28 ~ecific regulations -Notification 50.00+ 5-28 c ~ecific regulations - Breeding 75.00 5-28 d ~ecific regulations -Pens or fences 151 - 25.00 thereafter - 50.00 5-28 e ~ecific regulations -Change of ownership 25.00 5-28 ~ecific regulations - Fi~htin~ up to 2,500.00 5-28 Specific re,~ulations -Public property 50.00+ 5-28 h Specific re~~ulations -Notification by owner/went 50.00+ 5-28 i ~ecific regulations -Serious injury or death 2,500 + 5-30 ~ayin~and neutering of adopted animals; microchip identification of adopted animals 15C - 25.00 thereafter - 50.00 5-32 Notice of pet license required 15t - 25.00 thereafter - 50.00 5-35 DogLand cat registration and identification 151 - 25.00 thereafter - 50.00 5-36 Pet shop permit ~ 15L - 25.00 thereafter - 50.00 6-46 Building contractors'- prelicensin~ registration uired; annual renewal re 15` - 50.00 thereafter - 250.00 up q to 2,500.00 7-19 Cable operator: Enforcement 500.00 2 9-15 Fire Code: Violation; penalty 100.00 up to 1,000.00 . 9-20 ~a€ Types of burning prohibited X6:66 100.00 up to 2,500.00 9~1- 1/e~bttrniag 59:66 9~ 1/e~btinmrg 596 12-3 False alarm fines 1S1 through3`d - no fine 4~' -100.00 thereafter - 200.00 12-6 Alarm went -Penalties 15` - 100.00 thereafter - 200.00 13-3 Ganes loitering_rprohibited 15C - 100.00, late fee of 50.00 after 30 days 2°d - 250.00, late fee of 50.00 after 30 days thereafter - 500.00+, late fee of 50.00 13-4 Narcotics-related loitering_prohibited 15C - 100.00, late fee of SO.00 after 30 days 2nd - 250.00, late fee of SO.00 after 30 days thereafter - 500.00+, late fee of 50.00 13-7 Loitering which obstructs public ways prohibited; ls` - 50.00+, late fee penalties of 25.00 after 30 days thereafter - 100.00+, late fee of 25.00 after 30 days 13-26 Panhandling and solicitation regulations -Prohibited ls` - 50.00 acts thereafter - 100.00 up to 2,500.00 13-37 Prohibited activities related to ticket sales ls` - 100.00 thereafter - 250.00 13-SS.1 Loitering for solicitation ls` - 150.00 2nd - 250.00 thereafter - 350.00 un to 1,000.00 (within a one year eriod 13-57 Unreasonable noise 15L - 100.00, late fee of 50.00 after 30 days 2nd - 250.00, late fee of 50.00 after 30 days • 3`d - 500.00, late fee of SO.00 after 30 days 13-57.1 Use of police officers at 1/large parties or gatherings requiring a second response SO.00 to each violator 13-58 Discharging firearms prohibited; exception up to 2,500.00 13-59 Fireworks regulation 15T - 100.00, late fee of 50.00 after 30 days 2"d - 250.00, late fee of 50.00 after 30 days thereafter - 500, late fee of 50.00 after 30 days If fire department involvement, costs up to 2,500.00 13-62 False fire alarms a~~prohibited 50.00 up to 1,000 13-67 Warnin required on certain size plastic bays ~ to 2,500.00 13-68 ~lue restricted; recording Sale and place of keeping, up to 2,500.00 , sales required; penalty 13-69 Burial of dead persons not within cemetery un to 2,500.00 13-75.1 Real estate used for ille~~l use or sales of narcotics or 50.00 up to 2,500.00 controlled dangerous substances 13-75 5 Disorderly houses; prohibited 250.00 up to 2,500.00 . 13-78 Smokin o~ carrying~li~hted objects upon municipally ~ to 100.00 owned buses~rohibited; exception; penalty 13-81 Public nuisance noises prohibited ls` - 50.00+ 2°d - 100.00+ thereafter - 250.00+ 13-82 Stationary noises 50-06 15` - 50.00+ 2°d - 100.00+ thereafter - 250.00+ 13-87 Collection of unlawful rc;epelable materials by unauthorized person ls` - 50.00+ thereafter 500.00 13-91 Damage, defacing or injuring to property as an offense ls` - 50.00 thereafter 100.00 up to 2,500.00 13-97 Restrictions on the possession and manufacturing 250.00 up to 2,500.00 assault weapons 13-98 Requirements for transporting and possessing 15t - 250.00 unloaded assault weapons additional 100.00 thereafter up to 2,500.00 13-104 Access to Firearms by Minors Prohibited: Parent and 100.00 legal guardian required to properl sore firearms/ammunition; dealers to conspicuously display signs 13-109 Public places where firearms are prohibited; 50.00 exceptions• sins to be conspicuously displayed 13-110 Public places where firearms are restricted; 50.00 up to 2,500.00 exceptions• sins to be conspicuously displayed 13-125 Tattooin~~branding,_scarifyin~ and piercing multiple fines for various violations from 150.00 to 2,000.00 14-2 Skateboarding and roller skating prohibited on all 15` - warning city streets; exceptions thereafter - 25.00 14-3 Skateboarding and roller skating=prohibited on 151- warning sidewalks thereafter - 25.00 14-4 Skateboarding regulations in designated city-owned 15` - warning skateboard facilities thereafter - 25.00 14-9 6 Curfew -Fifteen- sixteen- and seventeen-year olds 15t - 25.00 2"d - 100.00 thereafter in same year - 200.00 14-7 Children under fifteen (15) years of ale 15` - 25.00 2"d - 100.00 thereafter in same xear - 200.00 14-14 Residential swimming pool 25.00 14-16 Prohibition of Omen Alcoholic Beverage Containers: 151- 50.00 Possession or consumption prohibited thereafter - 100.00 up to 2,500.00 14-17 Operator or owner of motor vehicle in violation pen 15` - 50.00 thereafter - 100.00 up to 2,500.00 14-21 Ultimate fi~htin~ prohibited 1,000.00 up to 2,500.00 14-26 Public Safety Requirements for Lame 15L - 100.00 Establishments: Verification of Eating/Drinking 2°d - 350.00 _ server intervention programs required to be filed with 3`d - 500.00 the board of public safety 14-27 Verification of responsible mana e~ment practices and 15L - 100.00 programs required to be filed with the board of public 2°d - 350.00 safety 3`d - 500.00 14-28 Number of required trained security personnel and 15` - 100.00 verification of trained securitypersonnel required to 2°d - 350.00 be filed with the board of public safety 3`d - 500.00 14-30 Required public safety announcements 15t - 100.00 2nd - 350.00 3`d - 500.00 14-36 Stun Gun Regulations: Prohibited conduct 15` - 250.00 2°a - 500.00 3`d - 1,000.00 16-12.1 Unauthorized collection of residential refuse; uP to 2,500.00 penalties 16-5~3 Conditions constituting pl?ublic nuisances 2r$6-ls` - 50.00 up to 2,500.00 2nd - 100.00 up to 2,500.00 thereafter - 200.00+ - to 2,500.00 }~1- x:96 }gam ~r.86 18-55 House Numbers: DisplaYingLunassi~ned number 1S1- 15.00 prohibited ~ thereafter - 25.00 18-5~6 Exhibit number; size of figur 151- 15.00{ thereafter - 25.00 18-58 Numbering new buildings; time limit 15` - 15.00{ thereafter - 25.00 18-59 Destruction or change of numbers prohibited 15L - 15.00{ thereafter - 25.00 19-17 Tree and lawn area regulations i~6@up to 2,500.00 -1-9=3~ ~0 19-34 Weeds and Noxious Growths: Failure to comply with 20.00 up to 1,000.00 notice; public nuisance ~c}-3~ 28:88 19-40 Public Parks: Prohibited acts ~~t~in-p~rk~ 50.00 19-41 Public Parks: Advertising~~ks 20.00 19-42 Public Parks: Disorderly conduct 50.00 19-43 Public Parks: Gambling a~i~rirrpari~s 50.00 19-44 Public Parks: Explosives, firearms, weapons and 25.00 up to 2,500.00 missiles 19-45 Public Parks: Aviation 25.00 19-46 Public Parks: Camping t~~i~rin-parks - 50.00 19-50 Public Parks: Peddling, sales, photographs, etc.;, concession contracts 50.00 19-51 Protection of animals 25.00 up to 2,500.00 19-52 Public Parks: Fires t~~i~ziir-perks discarding hg_ted cigars, etc. 2§8950.00 19-53 Public Parks: Boating ~ 25.00 up to 2,500.00 19-54 Public Parks: Fishing; nl?rotection of fish 25.00 19-55 Public Parks: Bathing ~a~i~in-pis 25.00 19-56 Public Parks: Subsurface aquatic activities 25.00 up to 2,500.00 19-57 Public Parks: Toy aviation; kite flyin~; model 25.00 up to 2,500.00 boatin automobilin~ or airplane flying 19-58 Public Parks: Games 25.00 up to 2,500.00 19-59 Public Parks: Animals at large 25.00 19-60 Public Parks: Horses 25.00 19-61 Public Parks: Alcoholic bevera~ and drags controlled substances 50.00 19-62 Public Parks: Construction work 25.00 up to 2,500.00 19-63 Public Parks: Traffic control and speed limitations 50.00 19-64 Public Parks: Vehicle use restrictions-c~~es 25.00 19-65 Public Parks: Careful driving 25.00 up to 2,500.00 19-66 Public Parks: Restricted areas 25.00 up to 2,500.00 19-67 Public Parks: Driving instructions 25.00 up to 2,500.00 19-68 Public Parks: Obstructing traffic 25.00 19-69 Public Parks: Parking at night 25.00 19-70 Public Parks: Towing; projecting articles 25.00 up to 2,500.00 19-71 Public Parks: Driving off pavement 25.00 19-72 Public Parks: Working on vehicles 10.00 19-73 Public Parks: Equipment on vehicles 25.00 up to 2,500.00 19-74 Public Parks: Parkways 25.00 up to 2,500.00 19-75 Public Parks: Curfews 25.00 20-~60 8vertime Commercial vehicle parking restricted r96fi~66 20-61 Parking_limited on certain streets in central commercial area ~ to 2,500.00 20-62 Stop required when traffic obstructed ~ to 2,500.00 20-63 Stopping or parking near hazardous or con eg_sted up to 2,500.00 lp aces 20-64 Available street or alley space for traffic; uncontrolled ~ to 2,500.00 use of ally prohibited 20-65 Use of alley to private pro~ertx ~ to 2,500.00 20-66 . Parking in front of theaters, hotels and between "no ~ to 2,500.00 parking" sig s 20-67 Parking res~•ietiarrsprohibited or limited in certain designated places 3:9610.00, 100.00 if special event violation 20-68 Parking in front of business or professional buildings ~ to 2,500.00 or in City-owned parking facilities restricted 20-69 Standing for loading only ~ to 2,500.00 20-70 Bus and taxicab stands ~ to 2,500.00 20-71 Passenger vehicles in bus or taxicab stands up to 2,500.00 20-72 Method of Barking; parallel and single parkin; up to 2,500.00 exception for motorcycles 20-73 Right side to curb ~ to 2,500.00 20-74 Parking vehicles on streets for sale or repairs 50.00 pending 20-75 Vehicle used for advertisingyon streets ~ to 2,500.00 20-76 Il~al parking up to 2,500.00 20-77 Overtime parking_prohibited ~ to 2,500.00 20-79 Iniuring~or tampering with meters ~ to 2,500.00 20-80 Use of slugs in meters ~ to 2,500.00 20-81 Limitation on turning vehicles ~ to 2,500.00 20-82 Limitations on backing vehicle ~ to 2,500.00 20-83 Vehicle emerging from alley building or driveway up to 2,500.00 20-84 Parking on sidewalk, alley or parkway up to 2,500.00 20-85 Driving vehicles on sidewalks up to 2,500.00 20-86 Vehicles on streets being paved or blocked ~ to 2,500.00 20-87 Pedestrians• crossing streets at crosswalks uP to 2,500.00 20-88 Boarding or alighting from vehicles up to 2,500.00 20-89 Unlawful riding up to 2,500.00 20-90 Motorcycles• prohibited methods of riding uP to 2,500.00 20-91 Vehicles equipped with spikes and lugs prohibited up to 2,500.00 20-92 Use of coasters. skates or similar devices restricted up to 2,500.00 20-93 Driving through processions ~ to 2,500.00 20-94 Permit required for parades or processions up to 2,500.00 20-95 Streets to be unobstructed up to 2,500.00 20-96 Vehicle load to be deafened ~ to 2,500.00 20-97 Shrubs or plants obstructin v~ iew prohibited up to 2,500.00 20-98 Obedience to School Crossing~Guards required up to 2,500.00 20-99 Obedience to official traffic-control devices ~ to 2,500.00 20-100.1 Parking by fire hydrant prohibited 50.00 20-105 Traffic regulations during s~snow removal conditions 00 2 5 . "----- ---------°~ ~~ ~~ __ ~~ pp Z7J~vv 20-108 Truck routes: Restrictions ls` - 50.00+ 2nd - 100.00+ thereafter 250.00+ ~69-~ matte §9:66 20-111 Designation of handicapped parkin paces 50.00 20-113fbj~ Reserved space permit: I-~di~eg 50.00 20-1165 Residential parking sti~erzones sr.96 20-118 Truck parking more than eleven thousand pounds' gross vehicle weight: parking restricted ls` - 50.00 thereafter 100.00 20-122 Noise limit ls` - 50.00+ 2"d - 100.00+ thereafter 250.00+ 20-123 Excessive noise ls` - 50.00+ 2nd - 100.00+ thereafter 250.00+ ~~ ~'1'g1T1'et2b12S ~ c n~--rrmnrciciize 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, South Bend Common C ncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock m. ' Mayor, City of~South Bend, Indiana 1st READING ~~`~ 12'``~~ PUELIC HEARING 3 rd READING NOT APPROY~D REFEP,RED PASSED NOV - 7 2~~7 Cf1'`! CLERK, . F:\DATA\S}IAREUxga]\Wpdata\AMD\ORDINANG1Amending Chapter 2 Sec 2-213 Code Violations and Penalties ]02207.wpd Co~n~rrv-Csrr BvuorNc 227 W. JEFFERSON BLVD. Sourx BEND, INDIANA 46601-1830 PHONE 574/ 235-9216 Fnx 574/235-9928 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER ~~ December 4, 2007 ~ ~ t. ~~ ~~~._ €~~"' ~~ ~~ Mr. Timothy Rouse, President South Bend Common Council 41'' Floor, County-City Building South Bend, IN 46601 Dear President Rouse: The attached bill for your consideration and approval will create a new fiord for the Douglas Road Economic Development Allocation Area Fund as recently established by the Redevelopment Commission. Elizabeth Leonard of the Conununity and Economic Development Department will present this bill to the Council. Please feel free to contact Ine if you have any questions. Thank you for your favorable consideration of this ordinance. Sincerely, ~a. ~-`' uz H. Mlu-phy Assistant/Acting City Controller CC: Jeff Gibney, .Executive Director Elizabeth Leonard, Director, Financial & Program Management ~l~~tb ~:4 S,.P~=~11~9 ~ ~i~t~v ri'yf...... .. .. ._. _.. .. .. .. JANICE ~.. HALL JOHN MURPHY ROBERT ALLEN DIRECTOR ASSLSTANT CONTROLLER DIRECTOR ~ ~ ,~ HUMAN RESOURCES INFORMATION TECHNOLOGY (~~" .. . BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO ESTABLISH ONE ADDITIONAL FUND, NAMELY, FUND N0.435 TIF DISTRICT ~ DOUGLAS ROAD ECONOMIC DEVELOPMENT ALLOCATION AREA Statement of Purpose and Intent: This ordinance establishes a new fund for the deposit and disbursement of Tax Increment Financing dollars in the newly established Douglas Road Economic Development Allocation Area TIF district established by the South Bend Redevelopment Commission resolution #2206. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Anew fund is created that is called Fund No. 435 -City of South Bend Redevelopment District Douglas Road Economic Development Allocation Area Capital Fund. SECTION II. All sums of money collected and deposited in the fund shall be used solely for the purposes of acquisition, demolition, environmental assessment, public works construction, disposition, site preparation, maintenance, and any other similar purpose permitted by and consistent with applicable Tax Increment Finance State Law. SECTION III. Any and all interest earned on monies deposited in Fund No. 435 shall remain in the fund. SECTION IV. Monies remaining in the fund at the end of the fiscal year shall not revert to any other fund. 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. ~,/ ~ c ~~~`-t I~-~ r'~~-~~~ Member of the Common Councils Attest: .~ ~ .- City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the of , 2 , at o'clock m. City Clerk Approved and signed by me on the day of , 2 , at m. day o'clock Mayor, City of South Bend, Indiana 1 st READIt`~G PUBLIC NEARING 3 rd READING NOT APPROVED REFERRED. PASSED Filet ~t~r~'~ ~~ice DEC - 5 2007 Jd`~Liw VCCRDE CITY Di. ~,^., S0. BEND, IN. 'b~~~ IJ~. o`b-~~ RESOLUTION NO. A RESOLUTION CONFIRNIING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, CONIMONLY KNOWN AS 3927 RIVERSIDE DRIVE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR EDWARD A. MYERS WHEREAS, the Common Council of the. City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3927 Riverside Drive, South Bend, Indiana, and which is more particularly described as follows: Lot numbered Two Hundred Eighty-three Riverside Manor and this property has Tax Key Number 25-1011-0455, 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, notice of the adoption of a Declaratory Resolution and the public .hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and fmds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and fmds that the azea 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 azea aze not permanently occupied or a significant number of pazcels in the azea are vacant land; or E. A significant number of dwelling units within the azea are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The azea 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 azeas are owned by Indiana or the United States; or G. The azea (plus any areas previously ,designated under this subsection) will not exceed ten percent (10%) of the total azea within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and fmds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable~for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient. to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendaz yeazs from the date of the adoption of this Resolution by the Common Council. 2 SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ~ . Yv u S c_ Member of the Common Council i~~~ED L- ~~~-~~ .Ji APP~ZOVED 3 Filed In Clerk's C~fifice JAN - 9 2008 aa>~r. VOORD£ CITY Ci.£sl(, S0. C~£PitJ,_iN. ADOPTED '~ ~~~1~ fJ~ c~-~~ 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 6804 MACKEY COURT (OR 1511 STADIUM DRIVE), 6812, 6816, 6820, 6824, 6828, 6832, 6836, 6840, 6844 MACKEY COURT, 1523 MACKEY DRIVE (OR 6848 MACKEY COURT), 6847 STEWART DRIVE (OR 1517 MACKEY DRIVE), 6846 STEWART DRIVE (OR 1415 MACKEY DRIVE), 1416 MACKEY DRIVE, 1424 MACKEY DRIVE (OR 6904 STEWART DRIVE), AND 6811 MACKEY COURT (OR 1529 BRICK DRIVE) ALL IN LAFAYETTE FALLS, PHASE III, SECTION 3 AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-WEISS, LLP WI~REAS, 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 6804 MACKEY COURT (OR 1511 STADIUM DRIVE), 6812, 6816, 6820, 6824, 6828, 6832, 6836, 6840, 6844 MACKEY COURT, 1523 MACKEY DRIVE (OR 6848 MACKEY COURT), 6847 STEWART DRIVE (OR 1517 MACKEY DRIVE), 6846 STEWART DRIVE (OR 1415 MACKEY DRIVE), 1416 MACKEY DRIVE, 1424 MACKEY DRIVE (OR 6904 STEWART DRIVE), AND 6811 MACKEY COURT (OR 1529 BRICK DRIVE) ALL IN LAFAYETTE FALLS, South Bend, Indiana, and which is more particularly described as follows: Legal Description: A Part Of The Northwest Quarter Of Section 2, Township 36 North, Range 2 East, Centre Township, City Of South Bend, St. Joseph County, Indiana, Being More Particularly Described As Follows: Commencing At The Northwest Comer Of Said Northwest Quarter, Said Corner Lying South 89 Degrees 04 Minutes 47 Seconds East, A Distance Of 281.17 Feet From The Southwest Corner Of The Southwest Quarter Of Section 35, Township 37 North, Range 2 East, Said Southwest Corner Being Marked By A 5/8 Inch Diameter Rod, 0.1 Feet Below The Road Surface; Thence South 00 Degrees 16 Minutes 41 Seconds West, Along The West Line Of Said Northwest Quarter, A Distance Of 1981.16 Feet To The Southwest Corner Of Lot 283 In Lafayette Falls, Section Five & Lafayette Falls, Phase Iii, Lots 405 & 406 As Recorded Under Instrument Number 0704435 In The Office Of Recorder Of Said County And The Point Of Beginning; Thence The Next Four Courses Along The Boundary Of Said Lafayette Falls, Section Five & Lafayette Falls, Phase Iii, Lots 405 & 406 Exclusive Of Outlot "B": (1) North 90 Degrees 00 Minutes 00 Seconds East, A Distance Of 218.40 Feet To The Point Of Curvature Of ANon-Tangent Curve, Concave Southeast, Having A Radius Of 30.00 Feet, Being Subtended By A Chord Length Of 42.22 Feet, Bearing North 45 Degrees 16 Minutes 59 Seconds East; (2) Thence Northeasterly Along Said Curve, A Distance Of 46.83 Feet; (3) Thence North 90 Degrees 00 Minutes 00 Seconds East, A Distance Of 84.92 Feet; (4) Thence South 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 71.62 Feet To The Northwest Corner Of Lot 407 In Lafayette Falls, Phase Iii, Section One As Recorded Under Instrument Number 0728461 In The Office Of Said Recorder; Thence The Next Four Courses Along The Boundary Of Said Lafayette Falls, Phase Iii, Section One: (1) South 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 405.00 Feet; (2) Thence North 90 Degrees 00 Minutes 00 Seconds East, A Distance Of 128.71 Feet To The Point Of Curvature Of ANon-Tangent Curve, Concave To The North, Having A Radius Of 62.00 Feet, Being Subtended By A Chord Length Of 89.59 Feet, Bearing North 85 Degrees 50 Minutes 22 Seconds West; (3) Thence Easterly Along Said Curve A Distance Of 100.12 Feet; (4) Thence North 90 Degrees 00 Minutes 00 Seconds East, A Distance Of 133.31 Feet; Thence South 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 65.00 Feet; Thence North 90 Degrees 00 Minutes 00 Seconds East, A Distance Of 25.12 Feet; Thence South 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 187.02 Feet To The South Line Of Said Northwest Quarter; Thence North 89 Degrees 19 Minutes 47 Seconds West Along Said South Line, A Distance Of 225.02 Feet; Thence North 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 104.39 Feet To 'The Point Of Curvature Of A Tangent Curve, Concave To The Southwest, Having A Radius Of 30.00 Feet, Subtended By A Chord Length Of 42.43 Feet, Bearing North 45 Degrees 00 Minutes 00 Seconds West; Thence Northwesterly Along Said Curve, A Distance Of 47.12 Feet; Thence South 90 Degrees 00 Minutes 00 Seconds West, A Distance Of 161.42 Feet To The Point Of Curvature Of A Tangent Curve, Concave To The North, Having A Radius Of 125.00 Feet, Subtended By A Chord Length Of 30.75 Feet, Bearing North 82 Degrees 56' Minutes 08 Seconds West; Thence Westerly Along Said Curve, A Distance Of 30.82 Feet To The Point Of Curvature Of A Reverse Curve, Concave To The South, Having A Radius Of 30.00 Feet, Subtended By A Chord Of 27.12 Feet, Bearing South 77 Degrees 15 Minutes 25 Seconds West; Thence Westerly Along Said Curve, A Distance Of 28.14 Feet To The Point Of Curvature Of A Reverse Curve, Concave To 2 The Northeast, Having A Radius Of 60.00 Feet, Subtended By A Chord Of 119.99 Feet, Bearing North 40 Degrees 22 Minutes 44 Seconds West; Thence Northwesterly Along Said Curve, A Distance Of 186.90 Feet To The Point Of Curvature Of A Reverse Curve, Concave To The West, Having A Radius Of 30.00 Feet, Subtended By A Chord Length Of 27.12 Feet, Bearing North 21 Degrees 59 Minutes 07 Seconds East; Thence Northerly Along Said Curve, A Distance Of 28.14 Feet To The Point Of Curvature Of A Reverse Curve, Concave To The East, Having A Radius Of 125.00 Feet, Subtended By A Chord Length Of 10.66-Feet, Bearing North 02 Degrees 26 Minutes 36 Seconds West; Thence Northerly Along Said Curve, A Distance Of 10.66 Feet; Thence North 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 273.42 Feet To The Point Of Curvature Of A Tangent Curve, Concave To The Southwest, Having A Radius Of 30.00 Feet, Subtended By A Chord Length Of 42.43 Feet, Bearing North 45 Degrees 00 Minutes 00 Seconds West; Thence Northwesterly Along Said Curve, A Distance Of 47.12 Feet; Thence South 90 Degrees 00 Minutes 00 Seconds West, A Distance Of 139.07 Feet To The West Line Of Said Northwest Quarter; Thence North 00 Degrees 16 Minutes 41 Seconds East Along Said West Line, A Distance Of 140.00 Feet To The Point Of Beginning; Said Described Tract Containing 4.502 Acres, More Or Less; Subject To Right-Of--Way, Easements, Covenants, and Restrictions of Record and this property which has Parent Parcel Tax Key Number 23-1002-0022.01, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et se ., and South Bend Municipal Code Sections 2-76 et se ., 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 sec ., and South Bend Municipal Code Sections 2-76, et sect., 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. 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 se ., for tax abatement. 3 SECTION II. The Common Council hereby determines and finds that the azea 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 pazcels 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 aze 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. Pazcels 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 azea 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 aze: 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 aze owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendaz years from the date of the adoption of this Resolution by the Common Council. 4 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. ~.,,, . ~.5u w 1 Member of e Common Co cil C1e~ck'~ ~~fiCe ~il~d In SEC _ 5 X001 PRESENTED ~ ` ~ l ~ ° 5 NOT APPROVE ADOPTEq ~ ,,;;~,:- a 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD . SOUTH BEND,IND[ANA~40001-1830 PxoNE574/235-9371 FAx 574/235-9021 TDD 5741235-5567 CITY OF SOUTH BEND STEPHEN.J. LUECKE, MAYOR COMMUNITY SL .ECONOMIC DEVELOPMEN'T' ,JEFFREY V. GIBNEY EXECUTIVE DIRECTOR December 5, 2007 RE: Residential Real Property Tax Abatement Petition for: KENDALL-WEISS, LLP (Lafayette Falls: Phase III, Section Three) Council Member Derek Dieter, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's. report on a residential real property tax abatement petition submitted by Kendall-Weiss to build sixteen (16), single-family homes which will become Lafayette Falls, Phase III, Section Three. 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 sixteen (16), single-family homes at a cost of $2,816,800. 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, January 14, 2008. - Should you or any of the other-Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PA~AELA C. MEYER DONALD E. INKS 574/235-9660 574/235-9371 FAX: 5741235-9697 FINANCIAL HC PROGRAM MANAGEMENT ELlZAUETH LEONARD 574/235-9371 ' 1200 COUNTY-CrrY BU[LD WG 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9371 FAx 574(235-9021 TDD 574/ 235-5567 CITY" OF SOUTH BEND STEPHEN J. LUECKE, iVIAYOR COMMUNITY ~~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: FROM: SUBJECT: DATE: SOUTH BEND COMMON COUNCIL BOB MATHIA RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: KENDALL-WEISS, LLP (Lafayette Falls: Phase III, Section Three, Lots Numbered 284, 302, 303', 395, 416 and 425 through 435) December 5, 2007 On November 30, 2007, a petition for residential tax abatement consideration for real property located in Lafayette Falls, Phase III, Section Three was filed with the City Clerk by Kendall-Weiss. 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 Kendall-Weiss intends to construct sixteen ('16); new, single-family homes on approximately 4.5 acres of land. The total estimated cost of the 16 homes is $2,816,800: The homes will have three to four bedrooms with 2 to 2.5 bathrooms and range in size from 1,200 to 2,500 square feet with attached garages. Each home will also have a basement with eight foot walls. Phase III, Section Three will include approximately 1,419 linear feet of public streets, private alleys for garage access and the associated public and private utilities. The average cost of the homes will be $176,050. - Taxes to be abated during the five-year (5) abatement period are estimated at $10,217 per home. The taxes to be paid during the five-year (5) abatement period for each home are estimated at $6,380. Total taxes to be abated for the 16 houses during the five (5) year abatement period are estimated at $163,467. Total taxes to be amid during the five (5) year abatement period for the 16 houses are estimated at $102,080. COMMUNITY DEVELOPMENT - ECONOMIC DEVELOPMENT-.. FINANCIAL HL PROGRAM PAUELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARD FAX: 57~i/235-9C97 - ~ - ~ ~ 5741235-9371 South Bend Common Council RE: Kendall-Weiss, LLP December 5, 2007 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has been associated with or been granted the following previous tax abatements. Term/Type Resolution No. Date 5-year real property 3810-07 November 12, 2007 5-year real property 3788-07 September 24, 2007 5-year real property 3697-07 February 12, 2007 5-year real property 3551-06 January 9, 2006 5-year real property 3494-OS July 25, 2005 - 5-year real property 3481-OS June 27, 2005 5-year real property 3398-04 October 25, 2004 5-year real property 3352-04 July 12, 2004 2. The Building Commissioner has reviewed the petition and find s 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 not located in any Tax Incremental Allocation Areas; therefore, no action is required by the South Bend Redevelopment Commission. 4. A review of the -Tax Abatement Ordinance No. 9394-03 finds that the petition meets the qualifications fora (5) five-year residential tax abatement under Section 2-77.1, Single Family Residential Construction. 5 YEAR 3-Dec-O7 • KENDALL-WEISS LAFAYETTE FALLS South Bend Centre Township Residential Rea! Property Tax Abatement Schedule' Estimated Project Cost: Assessed Value: STRUCTURE (assume 85% of project cost) LAND (assume $10,000) Gross Assessed Value Less Mortgage Exemption Less Standard Homeowners Deduction Base Assessed Value $176.050.00 Total Taxes Tax Abated" Tax Paid*"* 149,642.50 149,642.50 149,642.50 10,000.00 N/A N/A 159, 642.50 149, 642.50 149, 642.50 (3,000.00) (3,000.00) (3,000.00) (35,000.00) (35,000.00) (35,000.UO) 121, 642.50 111,642.50 111,642.50 Less Maximum Abatement Deduction Less Non-Abated Amount Plus Land Assessed Value Net Assessed Value - Property Taxes: Assume constant tax rate of Gross Tax (tax rate x net assessed value) Less SRTC: 21.7230% Less Homestead Credit: 32.0952% Net Tax N/A - N/A (74,880.00) N/A (36,762.50) N/A N/A N/A 10,000.00 121,642.50 74,880.00 46,762.50 5.1338% 5.1338% 5.1338% 6,244.88 3,844.19 2,400.69 (1,356.58) (835.07) (521.50) (1,568.91) (965.78) (603.13) 3,319.40 2,043.34 1,276.06 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 121,642.50 3,319.40 2,043.34 ~ 1,276.06 2 121,642.50 3,319.40 2,043.34 1,276.06 3 121,642.50 3,319.40 2,043.34 1,276.06 4 121,642.50 3,319.40 2,043.34 1,276.06 5 121,642.50 3,319.40 2,043.34 1,276.06 5 year totals: 16,596.98 10,216.68 6,380.30 "This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will 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. ~~`°"'. ;. ,STATEMENT OF BENEFITS ~i~ "" . ;. `~ State Form 27167 (R7112-01} Prescribed by the Department of Lows Government Finance ie.e 'e' rlvsrRUCr~olvs: FORM SB-1 i. This statement must be submitted to the body designating the economic revitalization area prior to the public hearing if the designating body requires infor- mation from the applicant in malting its decision about whetder to designate an Economic Rewtalizadon Area. Otherwise this statement must be submitted to the designating bodyy BEFORE' a person installs the new manufacturing equipment and ! or research and development equipment, or BEFORE the n:development orn:habilitation ofreal property for which the person wishes to clarm a deduction. Projects" planned or committed fo after July i, l987 and areas destgnated after July 1, 1987 require a STATEMENT OF BENEFITS. {!C ti-1.7-i2i) 2 Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehab!litation, or pnor to installation of the new manufacuring equipment and I or research and development equipment, BEFORE a deduction maybe approved. 3. To obtain a deduction, Form 322 ERA, Real Estate Jmprovemenfs and ! or Form 322 ERA / PPME and 1 or 322 ERA 1 PPR 8 DE, must be filed with the county auditor. (nth respect to real property, Form 322 ERA must be fried by the later of.• (i) May f0; or rr2} thirty (30} days after a notice of increase in real property assessment is received from the township assessor. Form 322 ERA 1 PPME and ! or 322 ERA rjPR & DE must be filed between March i and May 15 of the assessment year in whtch new manufacturing equipment and 1 or research and development equipment becomes assessable, unless a filing extension has been obtained. A person who obtains a frlmg extension must file the form between March 7 and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved after June 30. 1991 must submit Form CF - 1 annually to show compliance with the Statement ofeenefits. {!C 5-i.i-i2.l-5.6} 5. The schedules established under 1C 8-1. i-12.i-4(d) and iC 6-i. i-i2. i-4.5 (e) effective July i, 2000 apply fo any statement of benefits fried on or after July i, 2000. The schedules effective prior to July 1, 2000 shat) continue to apply to those statement of benefits filed before July i, 2000. • - f ' • Name of taxpayer E-.1p(~t-t.- ~J1C~tsS ~ LLP Address of taxpayer (street and number, city, state and ZIPcode) /~ ` ' A, gjZS EiiS't~' SEF1=1:25•ohJ ~~c~ULGJR2D 1 ~~aJ~l FJ~ ~~ i N ~t~o~~ Name of contact person ~>Rt~iv Mlit..r~ ~P vF C~P~~-t~:~S 1j~~ISS ~~rnF~, 1NL. Telephone number (574) Z3a'_737~ Name of designating body Resolution number /~ _ ~J' oyT'fi~ (~' BNb CannM'~N ~t9:JG.lI~ Location of property County Taxing district ~,_ 1n~ ' 4 SCc"no t.[ Z 3 cat..l !2Z r ST : ~~.~t+ G~rr.~ ov/,+-~.~wtP Description of real property improvements acid 1 or new manufacturing equipment and 1 or ESTIMATED research and development equpment (use additional sheets if necessary) Start Date Completion Date ~? aPCs`zy 15 L~E~~I,t DF_+-E[~oPEp j~~ (~o. SIt.1Gl,G- Real Estate ~~'v~/~ ~A~-s-'~( Z 1'1~.Mil?f jZt=_StD~NTtAr1- ~-~TS ~ WH-tGN- fit: New MfgEqulpment IrG~~D 'vJl'r)-t'u~ L~}FF4~I~T("~ FA~t.1.S+ Pl'1~ASC. ~~ RBDE SE.GTtoN "(-1•+I~CG ~Ropo~Si_.1~~, Current number Salaries Number retained Salaries Number additional 5alaties ~.1~ 'N~ uA- ~•-/~- i\l~- N~4 NOTE: Pursuant to tC 6-1.7-12.1-5.1 (d) (2) the Reai Estate improvements Machinery Research and Development Equipment COST of the property is confidential. Cost Assessed Value Cost Assessed Value Cost Assessed Value Current values C~RfLCNT 1~~C.1=~- 2.~ a7V Plus estimated values of proposed project 2 80 Doo Less values of any property being replaced N Nei estimated values upon completion of project ,2,t380,~ioo .Estimated so0d waste converted (pounds) R~t~} Estimat ado t~'~Q~ ~~% h b f Nt~' Ot er ene its: ~dOV 3 0 ~~~~~~ ,IQF;M YQOR~ E • I hereb certi that the re resentations in this statement are true. Signature of authorized representative Title Oaie signed (month, day, year) 1 We have reviewed our prior actions relating to the designation of this economic revitalization area and find #hat the applicant meets the general standards adopted in fhe resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1-2.5, pro- vides for the following limitations as authorized under IC 6-1.1.12.1-2. 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 ^ N o 2. lnstallafion of new manufacturing equipment; ^ Yes ^ N o 3. installation of new research and development equipment; D Yes ^ N o 4. Residentially distressed areas D Yes ^ N o C .The amount of deduction applicable for redevelopment or rehabilitation is limited to $ ~ cost with an assessed value of $ D .The amount of deduction applicable to new manufacturing equipment is limited to $ _~ _ _ cost with an assessed value of $ E. The amount of deduction applicable to new research and development equipment is limited to $ - _, cost with an assessed value of $ F. Other limitations or conditions (specify) Also we have reviewed fhe information contained in the statement of benefits and find that the estimates and expectations are reason- ableand have determined that the totality of benefits is sufficient to justify the deduction described above. Approved: {signature and title of authorized member). Telephone number Date s9gned (month, day, year) .. ( , Attested by: Designated body " If the designating body limits the time period during which an area is an economic revitil'ization area, it does not limit the Length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC6-1.1-12.'1-4 or 4.5 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 LG, 6-1.1-12.1-1, et se ..and South Bend Municipal Code Sec. 2-76 etet se4., for this petition states the following: 1. 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 descriptions): ~t~ ~Pn9F~cx~ s+~c,~c ~1.lrwit.-~ f.~StD~NT~h~. `s.~ag„~, ~t:sr.1 ;~,~ ~~ v~3tiJ,'~ ' 1 !O Lo ~ S f7 N ~~„SO~ ~.C I~}'GL'~-S 'ThL i S S~C..i"l~tJ ©~' ~ ."~~•JhI,~ F~on~..; Inli ~.~.. _(ntt_t.,,l~/' Ar'PPl~a1CU'hE4TGV'~ ~Q-tq t..I t.IEFM i~!`~i ~~ tal6L~t.. ~i/~F..L•TS Ca,~dA-t f_ /~t_i~yL ~~r2 Ca/M-!}f~~. f~_~S f..~is~ ;-ttr_ ~-S,gctaRsi-~:7 I~y3uL .`1~.s~ ~':2~~1/hY ih'It_~i'?Y S {-~MG-.5 bJE~.I~ i'ZA-rJ4~ 171 SIZE. rf~a;/I ItZc'ir~ -t'~a 2,S~ 5~. r-~ . ~r/s~ W ~w {..s t.x-Va,C. ~, ~~~,.r-.~. 2. Estimate the dollar value of the construction project (do not include land cost): $ Z, St(o, 800 3. The Peal property for which tax abatement consideration is petitioned (Property) is owned onto 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 Interest - yLCN~ht..l_. 1riEtSS LLP ~~ E ~FF~~-Sc~rJ s3tr~tJ ,OOc`o 4. The commonly known address of the Property is: SC-~ f~~'A-U-tc~ St•1~-~T~ and having tax key no.:~~= { oc~~ - f3t7Z,Z. o { ~ {use additional sheet for multiple addresses or key numbers). 'k ~~ ~y ~' of pPl2E.ni ; P~~t- 5. A legal description of said Property(s) is attached hereto, marked Exhibit "A", and is incorporated herein. 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 $ ZS,q a~ (use additional sheet for multiple addresses}. (This information maybe obtained from the St. Joseph County Assessor's Office 235-9523) ''k prss~i~ ~f~k+.ua~~rJ ot/ pgn.~JT P~~t- tlAvtrvt, A~ ~X i.q. ~.. ts~ ?.3~ ioo~ oou.ot. _ 8. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit "C", and incorporated herein. 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for mulfiple addresses): 't` ~ Q~ F~ tr.3°"~i°`'Pr`' +A~S (This information may be obtained from the St. Joseph County Treasurers office 235-9531) L\STL-c? Tex t1J~f_Nft~-7'7on1 t~ r~fL 'T)4X-..1.~. i~. Z3-loe>`-~UZZ..oi. I0. What is your best estimate of the after completion market value of the property: $_2, 680, Deb __ 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 after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued).. The signature below is verification of this statement. 12. List o they a nticipated p ublic f financing f or t he p roject, i ncluding a ny a ssistance t o b e s aught o r already authorized through the United States Deparhnent of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistarice Office, S#. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: ~ o,~l ~.. 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: ~.~5 A,ISPe-- CMGn+~'- r~ 13~rntL-, 'Sa~~t-l-~' ~~~. '~ uyn~t!_-t..cPFi~ t~4+.i~ In.~ -C)lE l~.'xJrJ'~`/ (1~L.draJTL~J (.~L'-ilJ~, A~:~1~C~C~~ {UiT.~ T}lE_ ~R`~ O~ ~•~J:~-~ i~N-~ A~viD C3Eu+1L~ L~-JF_r_cFf..~ c.~ f4- R~.S-A~+V i tr4~t_ ~>> Rs~tJ~ S-b c./ 'i ~1.~ AL~~/i-r~M W~~.L Mc~ a n) a--~n.~+-~~nlt-~ R~St.n~ i~ -ra ~-f, S i~EJE..t.,oaaM~~T lal N,c.~ rty -t'J2aJ W tl.L i N[ °,ca~ Z~ , Gtr ~ ~S ~P cit.-~,'Z'taN f~~J~ "CKF-~ 3/F-5F 14. The current use of the property is , ~a1Gt,E FAlvttt. ~ ~ ~~-'v~'~~ t- /V/~~ + and the current zoning is ~Fi (use) and t`1Pc- (height and area). (This information tray 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): N Pr - 16. The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: Name f,_t vt~^J-A~-U~1~. G-~N~ULiArr-~ S ~ LI.G, DEt°6bG Snttr2, /~-tC.F Address -7 ~ Lr~1G~t.t,l l,e,/4~/ .~4-S~r' -- City, State, Zip St:~T}F (~Gn1 A, ! ty ~t~ r7 t - Telephone Cs7~l~ ~?z.-S7cU WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that th qualifications for a residentially distressed area have been met, and confirm such resolution. Name of Property Owner(s): K~~a~-.Wt=1ss. t~P _ .~ tr`I 3 n - `; ~ •: t'ii `,,'si~i~{i~ , By: ( rgnature)nn _'1'!?'IAnJ Mtt_i~,/,~. ~P vl= ~pE1LR'7-i~Ns (Typed or printed name and capacity) 2 Property Addresses Lafayette Falls, Phase III, Section Three Lots Address Tax Key #s 284 6811 Mackey Court or 1529 Brick Drive Unavailable for all lots. 302 1424 Mackey Drive or 6904 Stewart Drive 303 1416 Mackey Drive 395 6846 Stewart Drive or 1415 Mackey Drive 416 6847 Stewart Drive or 1517 Mackey Drive 425 1523 Mackey Drive or 6848 Mackey Court 426 6844 Mackey Court 427 6840 Macke ~Court 428 6836 Mackey Court _ 429 6832 Mackey Court 430 6828 Mackey Court 431 6824 Mackey Court 432 6820 Mackey Court 433 6816 Macke ~Court 434 6812 Mackey Court '• 435 6804 Mackey Court or 1511 Stadium Drive The tax key number of the parent parcel is 23-1002-0022.01. Tax key numbers for the individual lots included within Lafayette Falls, Phase III, Section Three will be assigned by the County Auditor's office after the Secondary Plat is recorded. F.• IProjectslM3-11671Tax Abatementltax abatement -phase Ill, sect 3 -properly addresses & tax key mrmbers.doc Filed i~a ~`$~~;t:'s Q~y~~e i~~0~1 3 0 ~ -- CITY CLr`'!Y., Sri. 5.ED, ~~ - EXHIBIT A LEGAL DESCRIPTION A PART OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 36 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER, SAID CORNER LYING SOUTH 89 DEGREES 04 MINUTES 47 SECONDS EAST, A DISTANCE OF 281.17 FEET FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 2 EAST, SAID SOUTHWEST CORNER BEING MARKED BY A 5/8 INCH DIAMETER ROD, 0.1 FEET BELOW THE ROAD SURFACE; THENCE SOUTH 00 DEGREES 16 MINUTES 41 SECONDS WEST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1981.16 FEET TO THE SOUTHWEST CORNER OF LOT 283 IN LAFAYETTE FALLS, SECTION FIVE &LAFAYETTE FALLS, PHASE III, LOTS 405 8~ 406 AS RECORDED UNDER INSTRUMENT NUMBER 0704435 IN.THE OFFICE OF RECORDER OF SAID COUNTY AND THE POINT OF BEGINNING; THENCE THE NEXT FOUR COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS, SECTION FIVE 8~ LAFAYETTE FALLS, PHASE III, LOTS 405 8~ 406 EXCLUSIVE OF OUTLOT " B": (1) NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 218.40 FEET TO THE POINT OF CURVATURE OF ANON-TANGENT CURVE, CONCAVE SOUTHEAST, HAVING A RADIUS OF 30.00 FEET, BEING SUBTENDED BY A CHORD LENGTH OF 42.22 FEET, BEARING NORTH 45 DEGREES 16 MINUTES 59 SECONDS EAST; (2) THENCE NORTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 46.83 FEET; (3) THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 84.92 FEET; (4) THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 71.62 FEET TO THE NORTHWEST CORNER OF LOT 407 IN LAFAYETTE FALLS, PHASE III; SECTION ONE AS RECORDED UNDER INSTRUMENT NUMBER 0728461 IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT FOUR COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS, PHASE III, SECTION ONE: (1) SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 405.00 FEET; (2) THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 128.71 FEET TO THE POINT OF CURVATURE OF ANON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 62.00 FEET, BEING SUBTENDED BY A CHORD LENGTH OF 89.59 FEET, BEARING NORTH 85 DEGREES 50 MINUTES 22 SECONDS WEST; (3) THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 100.12 FEET; (4) THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 133.31 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 65.00 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST; A DISTANCE OF 25.12 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 187.02 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 19 MINUTES 47 SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 225.02 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 164.39 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A F~ADIUS OF 30.00 FEET, SUBTENDED BY A CHORD LENGTH OF 42.43 FEET, BEARING NORTH 45 DEGREES 00 MINUTES 00 SECONDS WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 47.12 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 161.42 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 125.00 FEET, SUBTENDED BY A CHORD LENGTH OF 30.75 FEET, BEARING NORTH 82 DEGREES 56 MINUTES 08 SECONDS WEST; THENCE WESTERLY ALONG SAID CURVE, A DISTANCE OF 30.82 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 30.00 FEET, SUBTENDED BY A CHORD OF 27.12 FEET, BEARING SOUTH 77 DEGREES ~15 MINUTES 25 SECONDS WEST; THENCE WESTERLY ALONG SAID CURVE, A DISTANCE OF 28.14 FEET TO THE POINT OF. CURVATURE OF A REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 60.00 FEET, SUBTENDED BY A CHORD OF 1 19.99 FEET, BEARING NORTH 40 DEGREES 22 MINUTES 44 SECONDS WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 186.90 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 30.00 FEET, SUBTENDED BY A CHORD LENGTH OF 27.12 FEET, BEARING NORTH 21 DEGREES 59 MINUTES 07 SECONDS EAST; THENCE NORTHERLY ALONG SAID CURVE, A DISTANCE OF 28.14 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 125.00 FEET, SUBTENDED BY A CHORD LENGTH OF 10.66 FEET, BEARING NORTH 02 DEGREES 26 MINUTES 36 SECONDS WEST; THENCE NORTHERLY ALONG SAID CURVE, A DISTANCE OF 10.66 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 273.42 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 30.00 FEET, SUBTENDED BY A CHORD LENGTH OF 42.43 FEET, BEARING NORTH 45 DEGREES 00 MINUTES 00 SECONDS WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 47.12 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 139.07 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 16 MINUTES 41 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 4.502 ACRES, MORE OR LESS; SUBJECT TO RIGHT-OF-WAY, EASEMENTS, COVENANTS, AND RESTRICTIONS OF RECORD. E:\CIVIL 3D\ENG PROD\M31167\survey\LEGALS\LEGAL DESCRIPTION -PHASE III, SEC710N THREE.doc LAFAYETTE FALLS CENTRE TOWNSHIP, CITY OF SOUTH BEND, INDIANA ~XNI61T "B" . KERN RDAD 1 y 1.9 1•e A 1.1 x50 N6 15t 1.5 a .~ xu x•• p s m] 2•x 1 e ! xs• ~ ux • ~ xes 153 :., a6• x% ~ 2w ) s 9 xu xs) E 1» 9 s to 'J x• a% m: x» 9 • xx xJ) • ~ t9 J Y at a a% ti 161 x60 x%. ' ° g xe t x9 to 1 u ~ xxs ~ n n - xa m. ab aJ: ,~ LUNA WAY °t xxi 21] A COY xe ~ to ~ im QRr 1]i 1] t• t3 to 1K 19 ~ 1x1 x]6 1) r`'1 xn I! /mob O ~ xxe x29 xb 16 ~ 319 30 ~ b K •3 •] •1 ,t i16 21) Si H 11c Tie SLATER DRIYE ~ ]x xt! ]n ! 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JOe b) be J09 ]~0 Jtt ]~1 ]1] •% eJ) •% •)9 ••0 ••1 FvfvRE Sec.TwN Q(tpPp=r,,D PKASE~, SEGTIenI THREE ~/~~ I~F[3p-TEME-J7' FpR PROPpsEp LOTS Z84, 3oz,2o3, 395, 41b ANO 4zs-q3s LOCATED WITMuJ THE PQOPotEp PHAZE jam, $EGT~owN TNREE PEAT, ~AX ABATEME~-+TS ~}AJE BEEwi 6,AAE,~TED FoQ qt,~ L.oTS ~gpT l1~oSE ~ WETfilu( 'fNE AREJ1 f.,gQEI.Ep "FvTUQE SEcTIO1J s', Filch n! Clerk's Of:ice NOV 3 0 "~~~ JCHN VCC4l'E CRY CLE6K S0.81:ND, I% iRis axAW1RC DEPrcrs ra swEUAnc uroui o< LDrs. roR AciuAL uYwr Atw waRVDRs SEE LEDAL SURVEYS ANO RECDNDED SUBDiWAOR PUis. . c.ra~ xm) ABONMARCHE CONSULTANTS, L.L.C. . ^ !wN e.W, L,o.W M601 Picture 1 -Looking Easterly into Phase III, Section Three from Mackey Court and Mackey Drive intersection. ~~ ~, 'S ~~y~ ~ L' V Y' { ~iw yr .. .. - ~+/Lt ~tY. ci ~; x . .r: ,;X : ~ ~r :. x' ~ O ~ G v7 C :~ cn -.. ~; tL' f C, -~ ~% L~.. . Picture 2 -Looking Northerly into Phase III, Section Three from the Mackey Court and Mackey Drive intersection. Pictures were taken on November 16, 2007. (See Exhibit "B "for locations of pictures.) :_ ~'~~~~~ ~Jo_ o~-a3 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 918 NORTH SAINT PETER STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR BRIAN & ALISON LEVEY 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 918 North Saint Peter Street, South Bend, Indiana, and which is more particularly described as follows: West one-half Lot 128 Sorins 2"d Addition and this properly has Tax Key Number 18-5107-3781, 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 seg., and South Bend Municipal Code Sections 2-76, et seQ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. 1 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 se ., for tax abatement. SECTION II. 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 signif cant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will- not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. 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 Council PRESENTED ~ ' ~ ~` v 0 NOT APPROVED p.DOPTE® ~'~ Filed to cl~r~'~ ~f~ice DEC 2 0 ~DD7 JQt~sFJ VD~i[JDE CITY CLEnK, 5D. EEND, iN. 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 ' CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~L ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY December 3, 2007 EXECUTIVE DIRECTOR Council Member Derek,D. Dieter, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: LEVEY, BRIAN AND ALISON Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by Brian and Alison Levey to build asingle-family home at 918 North Saint Peter Street. Also attached is a copy of the petition, Statement of Benefits foam, and supporting information. The report contains the department's findings relative to the above petition. The petitioners propose to build asingle-family home at a cost of $325,000. The project meets the qualifications fora (5) five-year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, January 14, 2008. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5835. Sincerely, 4 ~~~~ ~~~ Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks - COMMUNITY DEVELOPMENT ~ ECONOMIC DEVELOPMENT FINANCIAL ~C PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 5741"235-9660 5741235-9371, ELIZABETH LEONARD FAx: 574/235-9697 574/235-9371 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PxoNE574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY BL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEIVIENT REPORT TO: ~ SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA , SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: LEVEY, BRIAN AND ALISON DATE: December 3, 2007 On December 3, 2007, a petition for residential tax abatement consideration for real property located at 918 North Saint Peter Street was filed with the City Clerk by Brian and Alison Levey. Pursuant to Chapter 2, Article 6, Section 2-77.1 of the Municipal Code of the City of South Bend, this petition was refer ed 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 Brian and Alison Levey intend to construct a new 2,200 square foot, 2 story home with three car garage. Plans call for the home to have three bedrooms, three bathrooms, an open front porch, stone patio and full, finished basement. There is currently a structure on the property that will be demolished prior to construction beginning. . The price of the home is $325,000. Total taxes to be abated during the (5) five-year abatement period are estimated at $10,262.19. Total taxes to be amid during the (5) five-year abatement period are estimated at $23,760.08. COMMUNI'T'Y DEVELOPMENT ECONOMIC DEVELOPMENT ~ FINANCIAL RC PROGRAM PAM1fELA C. MEYER DONALD E. INKS MANAC'EMISIT 574/235-9660 5741235-9371 EuzaserH LEONARD FAX: 574/235-)697 574/235-9371 South Bend Common Council RE: Levey, Brian & Alison December 3, 2007 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been associated with or granted any previous tax abatements. 2. .The Building Commissioner has reviewed this petition and finds the properties to be properly zoned for the proposed project. 3. A review of the redevelopment allocation areas finds that the property is located in the Northeast Neighborhood Development Area which is a Tax Incremental Financing Allocation Area; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is required. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications fog a (5) five-year residential tax abatement under Section 2-77.1, Single Family Residential Construction. 5 YEAR 4-Dec-07 LEVEY, BRIAN & ALISON South Bend Portage Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: Assessed Value: STRUCTURE (assume 85% of project cost) LAND (assume $10,000) .Gross Assessed Value Less Mortgage Exemption Less Standard. Homeowners Deduction Base Assessed Value . $325,000.00 Total Taxes Tax Abated** Tax Paid*** 276,250.00 276,250.00 276,250.00 10,000.00 N/A N/A 286,250.00 276,250.00 276,250.00 (3,000.00) (3,000.00) (3,000.00) - (35,000.00) (35,000.00) (35,000.00) 248,250.00 238,250.00 .238,250.00 Less Maximum Abatement Deduction Less Non-Abated Amount Pfus Land Assessed Value Net Assessed Value Property Taxes: Assume constant tax rate of Gross Tax (tax rate x net assessed value) Less SRTC: 21.6906% Less.Homestead Credit: 32.0670% Net Tax N/A N/A (74,880.00) N/A (163,370.00) N/A N/A N/A 10,000.00 248,250.00 74,880.00 173,370.00 5.1524% 5.1524% 5.1524% 12,790.83 3,858.12 8,932.72 (2,774.41) (836.85) (1,937.56) (3,211.97) (968.83) (2,243.14) 6,804.45 2,052.44 4,752.02 Year Net Assessed Value Total Taxes Due Tax Abated Tax Paid 1 248,250.00 6,804.45 2,052.44 4,752.02 2 248,250.00 6,804.45 2,052.44 4,752.02 3 248,250.00 6,804.45 2,052.44 4,752.02 4 248,250.00 6,804.45 2,052.44 4,752.02 5 248,250.00 6,804.45 2,052.44 4,752.02 5 year totals: 34,022.27 10,262.19 23,760.08 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will 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. ~%""''a STATEMENT OF BENEFITS •- a~:--~ = ~`~ REAL ESTATE IMPROVEMENTS ~ ~ ~ State Form 51767 (R2 ! 1-07) "'"~---~ ~'' Prescribed by the Department of Local Government Finance Hsu Thi 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 6-1.1-12.1-4.8) 20_ PAY 20_ FORM SB•1 I Real Property INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revifalization 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 (,.1987, require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained priorto initiation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERANBD, Whicheveris applicable, must be filed with the CountyAuditorby the later of.• (1) May 10; br (2) thirty (30) days afer 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 BeneFts was approved after June 30, 1991, must attach a Form CF-1/Real Property annually to the application. to show compliance with the Statement of8enefits. (IC 6-1.1-12.1-5.1(b) and IC 6-1.1-12.1-5.3Q)J 5. The schedules established under IC 6-1.1-12.1-4(d) for rehabilitated property and under /C 6-1.1-12.1-4.8(1) for vacant buildings apply to any sfatement of benefits approved on or after 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 ~~% ~~~ ~ ~// /^n~~ /mot/ t/ ~ Cie) z~ Address of taxpayer (numberand treet, city, state, and~1P Name of contact perso ~ Tele hone number ~l5v. L~ ~~~- -zoo E-maU address q,~c%~ ~'~X.r~e~ Name of designating body Resolution number Location of roperty q~~ N sf, t~~~r.~reel~ socr~ 8er~ Coun ~- J DLGF taxing district number Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary) Estimated start date (month, day, year) ~ .~ ~`~?~/e ~~r~-l~l~ htm-~ A~pyvr¢zzoo/-~.~~ /~/ i o2vo8 ear) leti n date (mo th da ti d com t ~~l~ E -~~ ~~d Z ~ ~ ~~~ P ~ 6 tO~ ~ ~ . y, y p s ma e f i/ i~ ~ ~ ;j~ l `=~ ~ ~/ G r~YJ~, i ? ~ 3 U ~ - 1 e D -.•. -. Current number Salaries Number retained Salaries Number additional Salaries NOTE: Pursuant to IC6-1.1-12.1-5.1 (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 • • ~ ~ • -• ~ Estimated solid waste converted (pounds) Estimated hazardous waste converted ou Other benefits L "J i ~' e,. LFi'D,I*t . ' ~.~: _,~, r . cry hereby ce that the represen ations in this statement are true. Signature of d r present five >~ Title ~G-~~~'~~~' Date signed (month, day, year) ~~-~-~aa~ ,_~~ ' ' Page 1 of 2 -~~ c~~. .- ~ :.~ 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 6-1.1-12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years ` (see below). The date this designation expires is B. -The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ^ Yes ^ No 2. Residentially distressed areas ^ Yes ^ No 3. Occupancy of a vacant building ^ Yes ^ No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for years' (see below). ectations are reasonable and have tes and ex ti d th t th d f p ma e es in a . We have also reviewed the information contained in the statement of benefits an determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized memberof designating body) Telephone number Date signed (month, day, year) Attested by (signature and title of attester) Designated body If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.12-12.1-4. 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 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 considerarion and pursuant to I.C.. 6-1.1-12.1-1, et se .and South Bend Municipal Code Sec. L76 et se .for this petition states the following: 1. 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 descriptions): We ~ ill be building a 2 story sintle family home as our primary residence We anticivate that the House will be avyroximately ~ X00 square feet with 3 bedrooms and 3 baths It will include an oven front porch, a three car araoe stone atio and fiill finished basement. As new residents of South Bend affiliated with the University of Notre Dame it is important to us to live in the cit~and close to «~ork We feel this is an environmentally responsible choice that also allows us to take full advantage of the events and amenities the city and Universir•~ have to offer. 2. Estimate the dollar value of the construction project (do not include land cost): 325 000. 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 irorporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): ~ • Name ddress Interest Brian and Alison Levey 604 E. Angela Blvd 100% South Bend. IN 46617 4. The commonly known address of the Property is: 918 N. St. Peter Street and having tax key no.:18-5107-3781 (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. " ~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 $ 51,800 (use additional sheet for multiple addresses). (This information maybe obtained from the St. Joseph County Assessor's Office, 235-9523). 8. Photographs of theProperty, taken within two (2) weeks of the filing of this petition, are attached hereto, ` marked Exhibit C, and incorporated herein. 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): X006 - $701.16 X005 - 1.864.08 (This information maybe obtained from the St. Joseph County Treasurers office, 235-9531) 10. What is your best estimate of the after completion market value of the property: $ 385.000 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 after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated 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 Ciry 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: None 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: Althoueh we did not purchase our property through the University of Notre Dame it is our desire to be Hart of the regentrification that has been growing on Notre Dame Avenue for the last five years We are reulacine a 100 year old house that is F•reatly deteriorated in lpvearance with a brand new home that is consistent in style and value to those that have been built through the Notre Dame Avenue Housine Proeram. This contributes positively to the overall vlans for development in that area and for South Bend as a whole. 14. The current rise of the property is residential and the current zoning is SF2 (use). (This information maybe 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): North East Neiehborhood 16. The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: Name Alison Levey ' Address 604 E. Angela Blvd City, State, Zip South Bend, IN 46617 Telephone 574-204-2305 WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. Name of Property Owner(s): "~1 y~ ~ (Signature) ~~ "~ j~D Z ~ "'7 T ,toFtt: v~~oniat:. CTFY GlcRK, So. F,chD, tK bite td ~a ~E°~~~'s aff€ce DEC ' 3 L~07 2 Brian & Alison Levey - Homeov~~ners (Typed or printed name and capacity) - __. _, _ .- _- -- - _ ___. _ _ _-- - ' - ~ - _ -•~ .- _ _pp_~ _. _ _. _ -_ ._ _ -- _ ~6 .tt~SeR~I ~I~t~~~1 iii 04!17/2007 15?1 S Bend-h1ishawaka Assoc RJtrs ~~ Address 918 Sf PEfER Prop Type Residential ' SOUTH BEND, IN 1+6617 Tax ID iii-5107-3781 Sidwell8-iD Qwner WILSON MARY IMIL50N MA(2Y ~ Legal ~y 1i2 LOT 123 SORINS 2ND ADD 918 ST PEER Latitude Longitude . SOUTH BEtJD, ICJ 46617 Census Tract Sa(e Date12;1GJi992 Census Btock Census Bl Grid Property Values Building Characteristics - - - , Land Assd $11,900 Assd Year 2006 Style 1.00 Year Built 1y01 Imp Assd $34,900 Tax Year 2006 Construction Wood Frame Electricity Y Tot Assd $51,800 Pay Year 2007 ;Level 1 Sq Ft 940 Water Y Tax Amt $].864.08 Tax Rate 5.1524 Level 2 Sq Ft Sewer Y Exemptions Level 3 Sq Ft Gas Y Gar Sq Ft Gar Type Homestead N Old Age N ~~ ~ ~ 470 Bsmt Type Mortgage Y Disabled N Actual Lot Size j 123 Veterans N Other Effect Lat Size 66 / 123 H/5 Credit 0.00 Bedrooms 2 Total Rooms 7 Full Legal Description Baths i Half Baths •. o W lf2 LOT 128 S~RINS 2ND ADD Summary of Transfers Sate Date Owner Sale Price Latest Sale 12/15/1992 1^IILSON MARY WILSON MARY fJot Available Previous Sale .. . Earlier Sate Summary of Improvements Single iramify Residence Bit 1901 Sz 940; Detached Garage Blt 1901 Sz 216; Patio Blt 1901 Sz 234 1~.-tr~~ ~$EG0 tf ~ -. . Li,~~ . 3 ~~-,_,,::~-L ~ ,~•• , tir .,,,.. cis ~: "=-~-"^"`~- v, ~ Data befieyed correct but notwarranteed. Surveyor Location Report Lot 128, Sorin's 2nd Addition 918 North St. Peter Street, South Bend, In. FOR: Brian R. & Alison K. Levey ~4' Au ~y ~ G.o' ~_ THE PffiMARY STRUCTURE SHOWN ON THIS DRAWING IS NOT IN A FLOOD HAZARD AREA. ' /t.1 ~, e '6l m GF~ Q i ~s.~ .d ~ ~ li.i tf • ~ b ~ e N 4i ,s, C y O L °~ ~ R ' ~ f.• .E a [ d5 0 w ~ ~J' ~ery ~ ,: a, Cf a `° '~ f/o u s e o ~ d ~ ~ v y iu a o a v~ ~ ~ ~ a ~ ~ tr ~ u ` > . ~C d ~ ~ ~ .[ ~ CCF o l.! 1.1 •S R ~ C [S~'^7 4 4 ai 'O ~ ~~-. F ~~ r0 iti 4~•V 3~.0 ~ G r.. O' •97K //~ I 0 ao ti N n o ;c 4; ~' • ~ M UW U v (`` ~" 0 1 C7 I ~ u tLLJJ i „ 0 N NORTH ST. PETER STREET C°`b t~l~~,i • V. ~1 ",, 4 ... G~STERf'Tt ~~, This report was prepared i/without o copy of the Title Insurance ,~'; 4~ ° '; Policy' and moy be subject to other restrictions contained thereon. v , Do• This drawing conforms with the Surveyor Location Report minimum '~ ' S-05x3 ' " ~' requirements as certified on poge two of this report. Any' ~~ -; *r,Te oe ~j encroochmenfs are specificolly noted above. This report is of ~ * ~ ~~ limited accuracy and should not be used for construction or for ~ • ~ - ~~ establishing boundary or fence lines. R'9°""!•°--~°'' W. ~,~~,~'" Creekside Mortgagte Surveys, Inc_ 715 South Michigan Street .South Bend, Indiana 46601 Phone (574)-.255-6556 Fax (574) 674-0374 Scole - Date Drawn- By Drawing No. PAGE f OF 2 / '' . ,20 '. ~,v, )3 2007 ,~~ 4 X13 I :U!. IJOV. /4.Joo7 Surveyor Location Report THIS REPORT IS BASED ON LIMTTED ACCURACY DATA AND THEREFORE NO DATA. HEREIN SHOULD BE USED FOR CONSTRUCTION OR ESTABLISHING BOUNDARY OR FENCE LINES. PROPERTY ADDRESS: 918 North St. Peter Street, South Bend, In. PROPERTY DESCRIPTION: Lot 128, Sorin's Znd Addition J DESIGNATED PARTIES FOR: Brian R. & Alison K. Levey MORTGAGEE REFERENCE NO. OR ASSIGNEES: TTTLE CO.: Meridian Title Corp. REFERENCE NO. OTHER: Debbie Guy @ Meridian Title Corp. I, the undersigned, an Indiana Registered Land Surveyor, hereby certify that on the date shown, I supervised the inspection of the real estate described herein at the Address indicated. THIS LOCATION REPORT WAS PREPARED FOR USE BY THE DESIGNATED PARTIES ONLY AND FOR NO ONE ELSE. THE ACCURACY OF THE LOCATION DATA SHOWN IS LIMITED TO THAT REQUIRED BY THE INDIANA "SURVEYOR LOCATION.. REPORT" MINIMUM REQUIREMENTS UNLESS OTHERWISE SPECIFIED AND EXPLAINED ON THIS DOCUMENT. IF A MORE ACCURATE OR DETAILED LAND SURVEY IS DESIItED OR IF CORNER MONUMENTS ARE REQUII2ED, AN INDIANA LAND TTTLE SURVEY SHOULD BE ORDERED. I further certify that to the best of my knowledge this Location Report conforms with the SURVEYOR LOCATION REPORT Minimum Requirements, as adopted by the Indiana Society of Professional Land Surveyors, Inc., on January 29, 1981, and approved by the Title Underwriters of Indiana, Inc., on March 20, 1981. CERTIFICATION DATE 11/13/07 ~`~~;~' s OR `~'~-' SURVEYORS SIGNATURE ~~ = 5-0523 SURVEYORS JOB NO. 41131 L ~ ~ ~~"' A~-L+o 4,f,~ •SURVEy ' ~ Creekside Mortgage Surveys, Inc.=_ 715 South Michigan Street • South Bend, Indiana 46601 Phone (574) 255-6556 Fax (574) 674-0374 PAGE 2 OF 2 Yahoo! Maps - 918 N Saint Peter St, South Bend, IN 46617, US Yahoo! Maps - 918 N Saint Peter St, South Bend, .~I~C~C~f Loup IN 46617, US _ ._ ~ ~S` : .E-Wck~gorr 5t- :_._ ~ ~ ~- - , i . ~ t kngel y tl Ivd ~_. ~disp>y ftd .._ ~~ .. . - ~ , ~ ~ . ~, . < . # P ~ ~ ; i,. to '. _ ~ ~ ;. _ z --~!F„It~:n z Hlv;i - .__ .__ ; it _ ~ '' ~ ~, ~^ ~ ~ z ,~, r-i ':. s ~ r ~ . ~_. _ _ . __ ~. - _ ~ ~ St VinCen l st - ~ . ~ ~ . ~ ~ ,,, ~ ~: s ~ = E PJorth ' . . r m f ', f ~ J V' ~ ._ .orP ~, _. .. _ .. _. Ir.,ward St ..: ~ r ,:., ~, . ~; ~ . Hwrard St ,~.~ ~ .. r. - SE_~seph r ,r 'n ~i.gr ~ ¢ i ~ __ N_ 4 ~ _ ~.___., _. _. ~ it , _. _. C~rbY ~- _ G i~ ~ t... - trl I ~; L _ ,. •"- ~. .. _ ~ C~rttF~au _... v+ CaiTt~eauSC ~. _~ w, t.~~lvt~n•a~t -,~; ,_ 5t : EEiartleft5t ~~ :: ?- Z ~? ~ ~ t' - ~ _ ____. _ _ ,ChalfariC-st-__ z ~--=- ~ ' . - ._ ` ~. ' ~' ~~ ~ ~ ~r~ ~_ ~ ,<1at J~~ ~~ 3 ' z . . ~~ ~f (~ .. n. 4z r'~ ~- -~ ~ t~ l ~ ~.._ ' i& ~ - C.4 ` ~ T ~ . -fr ~ ~ .. ~~ r - ~ : - ~ -- . - f _ ~ _ - __._ ,,_~ r ,.-, --i.rirs5t~-. --, E Piu~rre 5t ! ~ ~ e ~~ ~ ~ -- ~ kR t3ir.y Ui r,~r~~tr Wit' ~ _.___ ~ 23 Mxtet- ..- -~°_ :.: __ t~1 ~n¢ r St + ~ .'~a1~i!-[hc --- - ~ Z L M ~ , f ..._.u ___.... ., i --- _ ~Ct}d ~.. cz ~- ~ , tY.lta ~! 200T Navteq TeleAt~ds Page 1 of 1 4'Jhen using arty driving directions or reap, it`s a good idea to do a reality check and make sure the road still exists, watch out for construction, and folloti~r a!I traffic safety precautions. This is only to be used as an aid in planning. http://xmll .maps.yahoo.com/prnt.php?v3=0&&mvt=m&q 1=918%20St.%20Peter,%20South%20... 12/3/2007 ~~ _ ..._ _ ~`~- ~ a . v _., _ ~ ~ ,-~. ~. x5 3' x,_ '. ,, .~~, t {' ~r I~ ~ ._ ~. . •.1"~4• • . . ~ ~ u a .. ;~. 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 3950 WILLIAM RICHARDSON COURT AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN (6) SIX-YEAR REAL PROPERTY TAX ABATEMENT FOR RYAN FIREPROTECTION, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3950 William Richardson Court, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Two "A" (2A) as shown on the recorded Plat of Toll Road Industrial Park Phase Two, First Replat recorded January 22, 1999 as Document Number 9903191 and recorded January 12, 2000 as Document Number 0001929 all in the Office of the Recorded of St. Joseph County, Indiana, and which has Key Number 25-1013-0216 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et sec ., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6- 1.1-12.1, et sec ., and South Bend Municipal Code Sections 2-76, et se ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et sec ., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the. Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of six (6) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said~publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council PRESENTED ~ ~ ~ ~-~ g JP.r,~ - 7 2'08 JON4~'d'JGR~E ,tN. NOT APPROVED ADOPTEl~~ .<:; 1200 COUNTY-CITY BUILDMG 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 - ~ CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNI'T'Y ~ .ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY December 17, 2007 EXECUTIVE DIRECTOR Council Member Derek D. Dieter, Chairperson community & Economic Developrrtent Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: RYAN FIREPROTECTION, INC. Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a - commercial real property tax abatement petition for the above-referenced petitioner for construction of a facility located 3950 William Richardson Court. 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, Ryan Fireprotection, Inc. proposes to make a substantial investment in new real estate construction. They intend, to build a 30,000square foot combination light industrial/warehouse facility. Ryan Fireprotection is seeking a (6) six-year real property tax abatement, and a representative of Ryan will ., be available to meet with the Committee on Monday, January 14, 2008. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5835. Sincerely, . ~~, Bob Mathia Assistant Director, Economic Development ~ - - Attachments cc: .South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks - COMMUNI"FY DEVELOPMENT ~ ECONOMIC DEVELOPMENT FINANCIAL HC PROGRAM PA~NELA C. MEYER DONAtn E. INxs ~ MANAGEMENT 5741235-9660 _ 574!23.5-9371 ~ ELIZABETH LEONArcn FAX: 5741235-)697 ~ ~ - ~ ~~~ 574/235-9371 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PxoNE574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~L ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPOR T TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: RYAN FIREPROTECTION, INC. DATE: December 17, 2007 On December 12, 2007, a petition for real property tax abatement consideration for property located at 3950 William Richardson Court was filed with the City Clerk by Bingham Economic Development Advisors on behalf of Ryan Fireprotection, Incorporated. Pursuant to Chapter 2, Article 6, Section 2-82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.f-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY - Ryan Fireprotection, Inc. is a leader in the engineering, design and construction of fire protection systems. It is currently leasing a facility in South Bend where it employs seventeen (17) people. The lease on the existing building will expire in early 2008 and the company has decided to construct a .new, larger facility to meet their increasing space requirements due to strong sales growth in this region. The facility will be used for some light fabrication of fire protection systems and storage of parts. It will.also serve as a base for repair and installation employees to work from. It is anticipated that the facility will serve clients within a 100 mile radius of South Bend. The new building will contain 30,000 square feet and be expandable up to a total of 50,000 square feet. The estimated cost of the building is $1,1.03,650. COMMUNITY DEVELOPMENT ~ ECONQMIC DEVELOPMENT FINANCIAL HC PROGRAM PAb1ELA C. MEYER ~ ~ DONALn E. INKS ~ MANAGEMENT 5741235-9660 ~ 574!235-9371 ELizAeErH LEONARn Fax: 574/2,35-9697 ~ 574/235-9371 South Bend Common Council RE: Tax Abatement for Ryan Fireprotection, Inc. December 17, 2007 Page 2 Total taxes to be abated during the (6) six-year abatement period are estimated at $132,786. Total taxes to be paid during the (6) six-year abatement period are estimated at $93,552. EMPLOYMENT IMPACT Per the petition, the prof ect will create fifteen (15) full-time permanent jobs within the first year with an estimated annual payroll of $904,000. In addition, the project will maintain seventeen (17) existing, permanent, full-time jobs with an annual payroll of $1,160,000. ABATEMENT 'QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been granted or associated with any previous tax abatements. .2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the. Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for real property tax abatement must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner does meet the qualifications for an (6) six-year real property tax abatement under Section 2-82, Industrial Development City-Wide. Tax Abatement Schedule prepared for. n-Dec-o~ RYAN. FIREPROTECTION, INC. South Bend German Township 6 Year Real Property Abatement Schedule* Total estimated Project Cost: $1,103,650 Base'Assessed Value: $938,103 • (base assessed value is estimated at 85% of project cost) Assume constant tax rate of: 5.1376% Assume constant SRTC of: 21.7293% Assessed Gross Less Net Percent 'Tax Tax Year Value Tax SRTC Tax Abated Abated Paid 1 $938,103 $48,196 $10,473 $37,723 100% $37,723 $0 2 938,103 48,196 10,473 37,723 85% 32,065 5,658 3 938,103 48,196 10,473 37,723 66% 24,897 12,826 4 938,103 48,196 _10,473 37,723 50% 18,862 18,861 5 938,103 48,196 .10,473 37,723 34% 12,826 24,897 6 938,103 48,196 10,473 37,723 17% ~ 6,413 31,310 $226,338 $132,786 $93;552 Total Taxes Due During Abatement: $226,338 Total Taxes Abated During Abatement: 132,786 Total Taxes Paid During Abatement: 93,552 ' -This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. '- 17-Dec-07 RYAN FIREPROTECTION, INC. Public Benefit Points Summary Qualify Earned Available Public Benefit Item: Y or N Points Points Proiect Related: 1. A. Redevelop a Site that has Special Needs N 0 49 B. Develop. Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan y 36 36 Sub-total Project Related: 36 120 2. Super Size Proiects (point values are cumulative): A. 100% to 199% Y 25 25 B. ! 200% t0 299% Y 68 68 C. 300% to 399% N 0 65 D. 400% and Over N 0 52 Sub-total Super Size Projects: 93 210 3. Construction Related: A. Employ Local Companies Y 20 20 B. Purchase Materials from Local Companies Y 20 20 C. Require Employees vs. Independent Contracts Y 19 19 D. Require TargefWage Levels N 0 22 E. Require Health Benefits N 0 22 F. Require Pension Benefits N 0 18 „ G. Maintain Affirmative Action Plan Y 20 20 Sub-total Construction Related: 79 - 141 4. Wage & Benefit Related: A. 'Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Chitd Care - N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 0 Subtotal Wage 8 Benefit Related: ' - 124 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub-total Workforce Related: 118 152 6. Pay for Municipal Infrastructure: (point values are cumulative): A. Pay for Oversizing or Upgrading - N 0 14 B. Pay for 26-50% of Extension Cost N 0 26 C. Pay for 51-75% of Extension Cosf N 0 39 D. Pay for 76-100% of Extension Cost N 0 52 Sub-total Infrastructure Related: 0 131 7. Support a Municipal Facility: A. Support a Municipal Facility - N 0 84 Total Public Benefit Points: 450- 1000 `Qualification for each Public Benefit Item based on best available information at time of application or good faith determination.if no information available. RYAN FIREPROTECTION,lNC. ADDITIONAL YEARS OF ABATEMENT Multi-family Development Projects: From To Additional Years 0 141.. 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Development Protects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 450 Base Years of Abatement 3 Additional Years of Abatement: 3 Total Years of Abatement: 6 STATEMENT OF BENEFITS `` REAL ESTATE IMPROVEMENTS State Form 51767 tR21 1-07) ~' ~ Prescribed by the t~pattment of Local Government Finance This statement rs being completed for real property that qualifies under the lotlowing Indiana Code (check one boxy: ^ Redevelopment or rehabilitation of real estate improvements (IC 6-1.1-12.1-ji} ^ Eligible vacant building (IC 6.1.1-12.1-~1.8) . . 20_ PAY 20_ t FORM SB-1 l Real Property INSTRUCTIONS' f. This statement must be submitted fo the body designadng the Economic Revitalization Area prior to the public hearing i(the designating body requires fnlormatlon from the applicant in making its delxsion about whether to designate an Economic Revitalization Area. Othelwtse 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 aRer July t, 1987, and areas designated aharJuly 1, t 987, require a STATEMENT OF BENEFITS. (!C 6-1.1 • f 2. i) 2. Approval of the designating body (C1ry Council, Town Board. County Counp7. etc.) must be obtained prior to initiation o/ the redevelopment or rehabJAaron. BEFORE a deduction may ba approved 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERANBD. Whichever fs applicable, must be fried with the County Auditor by the later o(.• (1) htay 10; or (2J 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 retards o/the township assessor. Q Property owners whose Statement of BenelAs was approved after June 30, 1991, must attach a Form CF-1/Real Properly annually to the application to show compliance with the Statement of Benefrls. (1C 6-t.1-12.1-5.1(DJ and IC 6-t. f-12.1.5.3((7) 5. The schedules established under IC ti-1. /-12. ta(d) for rehabAitated property and under !C 6-1.1-12.1-4.8(1) for vacarrf buildings apply to any statement of benafds approved on or afterJuly t. 2000. The schedWas etlactive prior to July 1. 2000, shall continue to apply to a statement of benefrts filed be/ore July t, 2000. ~ _ - Name of taxpayer Ryan Fireprotection, Inc. __ . - ...._ __... Address of ta:payer (number affil street. oitK state. and t!P cadot 9740 East 148th Street, Noblesville, IN 46060 - Name of cor+ract person Toleohone rurmber 7100 770 317 E-maC addross jart@ryanfp.com James Alt . . e ~ ~ •.•. . •-. Name at designating Doily .. Resotutlon number City of South Bend Loeatwn of wooenv Cowry DLGF laxinp distnd number 3950 William RiChardsol5 Court, South Bend, fN 46628 Joseph County ' Desmpaon of real propeny,mprovements. redevelcprnent, or rertab4itauon (use add~tionat sneers J necessary) Estimated scan date tmenth. der year) February 2008 000 sf light industrial /warehouse New Construction: 30 space ' , year) Estimated t dale l^~nrh. day. February 2009 e . . • • e •e'e ~"' Number rotafrred Current rwmber - Salaries 17 illi 16 1 Salana3 16 million $1 Number adQitiortal Salaries 15 $904,000 on 17 $ m . . .•. .• . 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 $0 $0 Cunent values ' t 650 103 1$1 $993,285 ec Plus estimated values of proposed pr , , -- - - ___ ~ $0 Less values or any property being replaced $0 Nel estimated values upon completion or project $1,103,650 $993,285 .• ~= Esbinated solid waste converted (pounds) Estimated haze a s) ~ I'~rnvl.r • other benefits i~+4;r r wF,v . DEC 1 2 2Cc~1 . ,,Ci~+ vc ~ BE dD, IN. CITY CLEr:i:, .. • • I hereby certify that th re ntati sin this statement are true. i Signaarre of auttmrued repress I Title CT ~ Date signed ( ay. rear) la o o~- Page 1 of 2 We have reviewed ow prior aaions relating to the designation of this Economic Revitalization Area and find drat the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC &1.1-12.1, prowtdes for the tollowing limitations: A. The designated area has been dmiled to a period of time not to exceed calendar years ' (see below), The date this designation expires is 8. The type of deduction that is allowed in the designated"area is limited to: ~ ' t. Redevelopment ar rehabilitation of real estate improvements ^ Yes ^ No 2. Residentially distressed areas ^ Yes ~ No 3.Occupancy of a vacant bwlding ^ Yes ^ No . C. The amount of the deduUidn applicable is limited to $ 0. Other limitations or conditions E. The deduction rs agowed for years' (see below). , We have also reviewed the information contained in the statement oI benefits and find that the estimates and expectations are reasonable and have determined that the Totality of benefits is su~iclanl to justify the dedugion desaibed above. Tole no numbor ~ Dale sigreod (month, day. year) Approved tsignalwe and tills of aufnait:ed member of det6gneGng body) Pt10 - I Designated body Aaested by tsegneture and trite p/anester) ' It the designating body Emits the time period during which an area is an economic revilabzation area. it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under 1C 6-1.12.12.7.4. A. For iesidentiatly distressed areas, the deduction period may not exceed ieve (S) years. •• (3. For'redevetopment and rehabilitation or real estate improvements: 1, If the Economic Revitafizatiort Area was designated prior to July t. 20D0. the deduction period rs lirnded to Three (7). six (6), or ten (10) years. 2. It the Economic Revitatiralion Area was designated after June 20, 2000. Iha deduction period may not exceed ten (t0) years. C. Fw vacant buildings, the deducion period may not exceed two (2) years. Page 2 0l 2 CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C., 6-1.1-12.1-1, et se .and South Bend Municipal Code Sec. 2-76 et seq., for this petition states the following: 1. Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to I iJUSIIICSJ Ryan Fireprotection, aleader in the engineering, design and construction of fire protection systems, currently leases a facility in South Bend and employes 17 people. The company is experiencing strong growth in the region and expects this growth to continue. The lease on the existing building expires early in 2008 and the company has decided to construct a new, larger facility to meet their increasing space requirements. Several sites are currently being considered for the project, including locations in Illinois and Michigan. It is anticipated that the new facility will serve clients within a 100 mile radius of South Bend. The new building will be 30,000 sf of light industrial/warehouse, expandable to 50,000 sf. The new facility will be a key factor in Ryan's continued growth. Tax abatement for this new facility is needed to ensure that the company's project move forward at this location as opposed to other locations in Michigan or Illinois. Land Size 4.13 acres; Building Size _ 30,000 sq.ft. 2. Describe the overall nature of the business and of the operations occurring at the Property (attach additional sheet if more space is needed): Founded in 1989, Ryan Fireprotection develops the highest-quality, custom fire protection systems available. Ryan Fireprotection custom designs new construction or retrofit fire protection systems, manufactures all systems in their modern in-house fabrication facility in Indianapolis, installs systems according to all required specifications, codes and insurance company requirements, and maintains and inspects systems to ensure proper working order and compliance with required building and fire codes. ' The South Bend newly constructed light industrial /warehouse space will allow for some light fabrication and warehousing of fire protection system parts as well as serve as a base for repair and installation employees to work from. 3. Estimate the dollar value of the project (excluding land): $ 1,1o3,s5o 4. The current assessed valuation of the real property before rehabilitation, redevelopment, eeonomic'revitalization, or improvement: $ 50,500 5. (a) The real property for which tax abatement consideration is petitioned (Property) is owned (Rev R 11'03) t ~- or to be owned by the following individuals or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under ...ti;,.h the rn~„nrar;nn hoc filed with the Securities and Exchange. Commission): ~ ................r...~....-• ---- --- - ADDRESS ~AI<•tE CNTEREST(/o} ;uinness Realty, LLC 9740 East 148th St., Noblesville IN 46060 100% (b) (include corporatepnformation as~required in~5(a}above, if applicable); w~ n nn.~ ADDRESS (hfTEREST(%) ~nini I/A 6. The commonly Known aaaress or the rre~e<<y ~~• 3950 William Richardson Court, South Bend, IN 46628 7. The ey um er s o say grope y Is: 25-1013-0216 8. A legal description of the above address is attached hereto, marked "Exhibit . A," and incorporated herein. 9. A map and/or plat describing the Property is attached hereto, marked "Exhibit B," and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked "Exhibit C," and incorporated herein. 11. The redevelopment or rehabilitation project itself will create 15 full-time and o part-time permanent jobs within the first year, representing a new annual payroll of $ _so4,ooo and will maintain 17 existing permanent full-time and o existing permanent part-time jobs including existing permanent full-time minority employment of o _ and existing permanent part- . time minority employment of ' o ___ _ ___ _ with an annual payroll of $1,160,000 12. The projected .annual salaries -for each new position indicated above are estimated to be as follows (If more space is needed, please attach a separate sheet): - (Rev $(1 Ir03) ~ 2 Professional /Management : 2 new positions - $75,000/year ($150,000 total} Field Employees (union): 11 new positions - $58,000/year ($638,000 total) Engineers: 2 new positions - $58,000/year - {$116,000 total) otal new payroll: $904,000 13. Provide current employment wage information including; base rate; cost-of living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips. Do Not Include; back pay, jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements (average hourly-rate or range): Full-Time ~ Part-Time Laborers $ 28.00 $ n/a Technical $' .2e-oo $ n/a Managerial $ 3s.oo $ n/a Administrative $ . .n/a $ 'va 14. Indicate whether your company provides the following benefits (use YIN}: Y Health Care Benefits -_ Y Pension Plan ' Y Employer Provided Training (recognized or certified training/educational courses or programs) N Day Care (provide or contribute to the cost of child day care for its employees} N Transportation Assistance ~ (provide direct or indirect support and assistance to its employees without private transportation to get back and forth from residence to place of employment) N Employer-Assisted Housing Program (provide an employer-assisted home ownership program) N Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the Community 8~ Economic Development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 15. List the real grid personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: Year Real Property Taxes Personal Property Taxes {Rev 8/11103) ~ 3 $1,992.82 -NIA City Owned City Owned pity Owned City Owned _~._:__a ~...~, +~„ ct ~nen-.h t`n~inty Treasurers office 235- (tnlS IniOrmaaon may uC w~an~au ~~~~~~ ~~,........,......r.. ___.._, 9531) 1fi. Please list the number of full-time and part-time minority employees for each of the last three years: ~ 2005 Year 200= 2oos Full Part Full Part Full Part Black o 0 0 0 0 0 Hispanic o a o o 0 0 Asian o 0 0 0 0 0 .Indian o o . o o .. Other o 0 0 0 0 o 17. Does your business maintain an affirmative action plan or other similar plan .. i~ nrr>yPr to achieve racial diversity? If yes, please briefly indicate specific oafs, ob'ectives and means as desi Hated b our Ian: YES. SEE EXHIBIT'D' , 18. Indicate whether or not your project meets any of the following criteria nnr n•YAL L....:-.i.,..~nallnn nn (contact Community.8~ Economic uevelopment ue~~. LJ.~-~~~~ ~~~ ~~~~~~~~•~••--•• - this section): N Conversion to residential use of a commercial "Eligible Building" as designated by the Community & Economic Development Dept. N Rehabilitation of a building that is either designa#ed as .a National Register or local landmark or is eligible for nomination as one, located in a National Register or local landmark district, or rated as Outstanding or Significant in the most recent Historic Preservation Commission county wide survey. N Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department N Pays for the cost ,of cleaning up a "Brownfield," which is any site, building facility or complex that has been designated a Brownfield by the (Rev 8/I U03) 4 N Community and Economic Development Department. Achieves a physical element identified in a development or revitalization plan that has been approved by the Council - 79. Is your business based upon licensing. intellectual property from research conducted at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (attach additional sheet if more space is d No. _~~_ 20. Does your business financially support a nnurncipai raci~iry t~.C. ~~~~~~~~~~,a~~y owned Dark, recreation center, cultural, arts, or entertainment facility)? 21. I~ your company incurring any of the cost of extension or oversizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements {attach additional sheet if mnre space is needed): ...--- -r--- - No. 22. Information is required on the companies through which construction matenais .will be purchased for the project. (Please complete the table on page 8 of this application). 23. Information is, required on the construction companies that will be utilized for construction of the project. (Please complete the table on page 9 of this application). 24. No building permit has been issued for construction on the property in connection with the improvement in .question as of the date of filing of this petition. (The Property Owners signature at the end of this application is (Rev 8f11/03) s verification of this statement). 25. The Standard Industrial Classification (SIC) or North American Industry. Classification Systems (NAILS) major group within which the proposed project would be classified, by number and description: 238990 !Specialty Trade 2fi. The Internal Revenue Service Cade of Principal Business Activity by which the proposed project would be classified, by number and description: 238990 /Specialty Trade 27. The current use of the Property is Vacant Lot I Not In Use and the current zoning is iignt industrial ;use) and , n/a {height and area). (This information may be obtained from the Building Department 235-9554). 28_ Has vour business been :'granted previous tax abatement{s)? If yes, please rovide a real and/or personal property) and date of approval. No. 29. Other anticipated public financing for the project including, it any, mtiustnat revenue-bonding to be sought or already authorized, assistance through the United States Departmenf of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund, Neighborhood Business Development Corporation, Corporation for Entrepreneurial Development; or other public financial assistance, including but not limited to public works improvements. None. 30. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: (Rev 8il 1+0+1 ~ ~ Name: Jenny Massey, Senior Project Manager Address; Bingham Economic Development Advisors 8900 Keystone Xing, Ste. 400 Clty, State, Zfp: Indianapolis, IN 46240 Telephone: 317.968.5572 31. Please indicate the name, address, and telephone number of the person who will work with Employment Training Services (ETS) for employee recruitment, and sign the ETS form attached to the petition if the real tax abatement is for warehouse or industrial developments. , Name: Trisha K. Seifert, PHR Address: 9740 East 148th Street City, State, Zip: Noblesville, IN 46060 - Telephone: (317) 770.7100 WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00' filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): By: (Signed Name) (Typed or signed by owner.) rinte na nd capacity of signor if an-agent or representative of the F'ii~~ f~i ~i~~~k'~ Offict: DEC 1 2_ ~OQ7 ~;:s, ""'IJ V+JOR~E G';iY ul~'_r,IS, ;~Q. EEI~C~, IN. (Rev 8/t 1.031 / 22. In the following chart please indicate companies that were used for purchasing materials used in the construction or rehabilitation associated with the project. Include the location of the company, description of the materials, and cost of the materials. Local companies include those located !n St. Joseph County. Additional information may be requested for verification of this information. {If more space is needed, please photocopy this page) ' of Name and Address of Comaanv Descrintlon of Materials Cost of Materials Grand Total Local Companies (see above): -l, Aggregate Supply $63,000 2, cru- supply ~ $24,900 9. Old Fort Supply $19,400 4, Werntz Supply $19,800 - 5. ' 8, 7. 8. 9. 10. Total Local $127,100 36 Non-Local Companies: 1.Varco Pruden $205,200 2,Anco Supply $ 22,100 3. Note: Material not available locally 4. 5. ' Total Non-Local ~ $227 , 300 64 GRAND TOTAL $354.400 100 -. ..~;~~ 23. In the following chart please list the companies that will be used for the construction associated with the project. Indicate the name and address of each company; list the dollar amount of the work to be provided by each company; indicate whether or not 100% of the workers are employees of that company and not independent contractors; indicate. whether or not the company pays workers wages that meet the wage rates for each classification of laborers and mechanics published by the U.S. Department of Labor; indicate whether or not the company contributes to a~health plan for its employees;, indicate whether or not the company contributes tv a pension plan for its employees; and indicate whether or not the company maintains an aflirmalive action plan or other similar plan to achieve racial diversity. Local companies include those located iu St. Joseph Counly. Additional information may be requested for verification of this information. (If additional space is needed, please photocopy this page). 100% Workers Pay Malrrtaln are Employees U.S. Dept. ~ Contribute Contribute /~15mefiue -Name and Address of Contract {Not Independent Labor Wage to a Health to a Pension Action Construction Corfa~ny Amount Contcactorsl Rate IYIN) Plan (YIN) Plan fYlN) PlanfYM) Local Companies (see above): . 1.P6P Drywall $21,400 - _- - - Y 2, Overhead. Door Company $33,200 Y Y Y Y Y 3,Tri Valley Glass Co. $25,400 Y - Y Y Y a•Lambie's Painting $12,100 Y - N Y Y 5, Walsh & Kelly, Inc. $89,900 Y ,Y Y Y Y g, NCMI $34,000 Y - Y Y Y 7_Ryan Fire Protection $50,000 Y Y Y Y Y $,Midweat Tile & Interiors $10,800 Y Y Y Y Y 9. 10•Ma3ority Builders $648,150 Y - Y Y Y Total Local $924,950 Nan-Local Companies: ~•Overholt,ffasonry $33,000 Y - N N Y 2.LeMaster Steel Erectors $77,300 Y - Y Y Y 3.C6I Electric $68,400 Y - Y Y Y 4. 5. Total Non-Local .~~ 7e..7.,00 Non-Local Companies: r--,-... - GRAND TOTAL ~ --,~.. °~~.._ ~ ~':~ ~ ~ . Non-Local Companies: -_... .~ ~ ~ ~ , ~ ' "~y Total Project Cost from Petition ~~3 650 Difference (Please explain): ~ E iy ~ ~ ~ .,,,,,-, ,.:~ (Rev 13/39106) , '~~~'~ t~Q;i ~ EXHIBIT "A". . • PREMISES Lot N~unbered Two "A" (2A) as shown on the recorded Plat of Toll Road Industrial Parlc Phase Two, First Replat recorded January 22, 1999 as Document Number 9903191 and recorded January 12, 2000 as Document Number OOOi929 all in the Office of the Recorder of St. Joseph County, Indiana, and described as follows: The South %: of the Southeastfractional'/4 lying East of the Michigan Road, of Section 11, Township 36 North, Range 2 East, excepting there~om the following: Beginning at a point on the East Line of the Michigan Road, where the same intersects the South line of said Section l 1, thence running Easton the South Line of said Section 41 rods, thence North 20 rods; thence West to the East line of the Michigan Road; thence Southwesterly along the East line of said Michigan Road to the place of beginning, containing 5 acres, more or less, and also excepting therefrom the following: Beginning at . the intersection of the East line of the Michigan Road with the North line of the South'/: of the Southeast'/4 of Section 11; thence East along said North line of the South %: of the Southeast'/<, 856 feet: thence South 90 feet; thence West parallel with said North line.of the South %z of the Southeast'/4 523 feet to a point 345 East of the East line of the Michigan Road; thence South 136 feet; thence West parallel with said North line of the South %: of the Southeast'/4, 363.13 feet to the East Iine of the Michigan Road, thence Northerly along said East line of the Michigan Road, 228.06 feet to the place of beginning. Also excepting a tract having a beginning point 337 feet Northerly from the South Iine of said Southeast fractional '/a; thence East 1,000 feet; thence North . approximately 561 feet; thence West to the East line of Michigan Road, thence Southwesterly along said road line to place of beginning. This to be 575 feet frontage on said Michigan Road. Remainder of this plot to be approximately 51 acres, more or less. All located in St. Joseph County, Indiana. ~~~s.~ \ . N . ~ ~! .. ~`;` uo~ ~~. ~. 19 • ~ ~ Q j -- .EXHIBIT "B" ~ ~ r_-1 ti o ~ ~ o ~ u-, s C-2 . ~ + { • n ~ ~ 1 ~ ~ 1 N0 0'54'35"W . ~ 27.81' . .---25' BLDG. SETBACK LINE _5 _ ~ • C-3 ~'P y~'~ C-4 : 6' \d' 90 ' • ~ •~R.- - - --- -- -- 3-------- 3, ~ II 4 Z ~ _ W ~ ls7 ( ~ fait ~ ~ 3 ~ o z ~ o ~ ~, Lt~T ~. ~ .. . Q 'n N 1 . Z 00 ¢ .. o Z ti~.t3 ~~ I ~ ~lir r _`. .. .- .. ` 1 .A N ~ ~ t:. ~~~ ~ n ~ . .- r- . ; ~ 1:~ } ~ N - so ~ '1~ ~ t ` ;, ~ t I r -.. ~._ __-- ..__. ~ ._ .~. --.-i I _ _ - r -- --~ _. _ _ ..._ 30' ORAfNAGE & U11I.tTY EASEMENT 427.1 E' S88'S0'40"W . ~ ` 3950 William Richardson Ct South Bend IN 46628-9475 US Notes: Proposed location of Ryan Fireprotection's new 30,000 sf office/flex space building. 6. - - - - ~--- - i __ -. ..----' Ctii`i C4 ~stY, cQ• BENG, Yahoo! Maps -.3950 William Richardson Ct, South Bend, IN 46628, US Yahoo! Maps.- 3950~William Richardson Ct, SouthA+C~'~'r ~-aoa~- Hails Bend, IN 4fifi28, US ~c n. ~ __ Fri .. .u. ~;.F3i~.:_kRc.' Bi:~kFc - _ _ _ Fi~hEt:~teU~ . c~ ' N rl l:.rf G .o G+r ~ a` ~ 6~luLc; pr .~ w- ~_ c r .ate;, .. ~p~,:j ~i~ ~ ~". ~ ,. I~dj~lr ~7e, C. x ~ TtUpf{~~ v ~ ' , 4'! LJfde7tiRd°' ~~r-i G = ~~ ~~~~~ Mays Dr - ~ ~ ~ S ~ !°_ _~ C rS ~ ll O _~F - ~... - .: - t r~ < w - A ~= h'iri~tzFk' _ ~~". Y drs"'it 3':Tnt!`. +F't1~~ t0:1~'ttS 2• ~._ i Su^~r z s ~ ~ ^ fvlaple Lr. Ewv~ ~2007Yahco! Inc. a _, ~~ Data b~007 Naeteq, TeleAtla~ Page 1 of 1 L`.%hen using any d~ivir~ac~ di~t:ctiorfs or map, it's a good ic!ea to do a realit}~ check and make sure the road stiff! exists, watch out For construction, and follo~+: a±1 trafric_ safety precautions. This is only to he used as an aid in planning. http://xml l .maps.yahoo.com/prnt.php?v3=0&&mvt=m&q 1=3950%20William%20Richardson%... 12/17/2007 EXHIBIT "C" r~ i''.- ' ... .. .., --- j_,.....~.. ;J E~, ~~ ~i^,~~; ~.~4r,^~"..~ IN Page 1 of 3 EXHIBIT "C" Page 2 of 3 EXHIBIT "C" -, ~; Page 3 of3 EXHIBIT "D" Equal Employment Opportunity Policy Ryan Fireprotection is an Equal Employment Opportunity Employer and strives to comply with all applicable laws prohibiting discrimination based on race, color, creed, sex, age, national .origin or ancestry, physical or mental disability, veteran status, marital status, medical condition, as well as any other category protected by federal, state, or local laws. All such discrimination is unlawful and all persons involved in the operation of Ryan are prohibited from engaging in this type of conduct. Ryan continues to make a commitment to recruiting, hiring, training and promoting into all job levels the most qualified persons without regard to the protected characteristics described above. Employment decisions are based on objective standards as well as the furtherance of Equal Employment Opportunity. In accordance with applicable federal and state law protecting qualified individuals with known disabilities, Ryan will attempt to reasonably accommodate those individuals unless doing so would create an undue hardship on Ryan. Any qualified applicant or employee with a disability who requires an accommodation in order to perform the essential functions of the job should contact their manager and request an accommodation. You should report every instance of perceived inappropriate treatment to management, regardless of whether you or someone else is the subject of that treatment. Detailed reports (including names, descriptions, and actual events or statements made) will greatly enhance Ryan's ability to investigate. Any documents supporting the allegations should also be submitted. Based on your report, Ryan will conduct an investigation. Any supervisor or employee who retaliates against the accuser or those involved in the investigation will be subject to disciplinary action which may include termination. If the investigation determines that a violation of Ryan's policies has occurred, Ryan will take disciplinary action which may include termination of employment, against those who engaged in the misconduct. Ryan will also evaluate whether other employment practices should be added or modified in order to deter and prevent that~conduct in the future. r---^r .. -~ ~ - i ` E~if .~~r ~.~v t..._..---_ - Ryan Fireprotection, Ina Employee Handbook Revision 11/01/06 Ryan Fireprotection Additional Clarifications City of South Bend Tax Abatement Application Clarification to Question 16: Please list the number offull-time and part-time minority employees for each of the last three years. Ryan Fireprotection has been in operation in South Bend for approximately 4 years and currently employs 17 people. At start-up, the facility employed 3 professional staff. The office has grown to employ 4 professional staff and 13 field employees. The field employees are members of the Sprinkler Fitters Union and were hired locally. Hiring of these positions is highly dependent on the applicant flow through the local apprenticeship program. Ryan Fireprotection makes every effort to hire and retain a diverse workforce. Overall, the company employs 5% minorities and 10% women at their 4 Indiana locations (Noblesville, Ft. Wayne, South Bend and Valparaiso). The company plans to hire 15 new employees in South Bend as part of this project. The company will make every effort to match or exceed the current proportion of minority and female employees company-wide. Clarification to Question 22: Information on the companies through which construction materials will be'purchased for the project. Ryan Fireprotection plans to hire Majority Builders to manage and construct their new facility. It has been indicated that 36% of materials will be purchased in St. Joseph County, with 64% purchased outside the county. One major supplier for this project, Varco Pruden (VP), accounts for 90% of the non-local purchases. VP is a world leader in the pre-engineered steel systems construction industry, each year manufacturing approximately 6,000 buildings. The company is headquartered in Tennessee and operates 6 regional offices in the U.S. VP specializes in the computer-aided design ofpre-engineered steel systems construction for low-rise, nonresidential buildings such as the building Ryan Fireprotection is construction. VP is a green builder, certif ed to meet environmentally-friendly, energy efficiency standards. Majority Builders works regularly VP. A similar service and product are not available locally. One other supplier, Anco Supply, accounts for the remainder of the non-local purchases. Anco is located in near-by Elkhart, Indiana and provides insulation solutions for a variety of building projects. CITY OF SOUTH BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2-83.2 of the South Bend Municipane Northern Petitioner referred to herein agrees to work with WorkO Indiana, 851 South Marietta Street, South Bend, Indiana 46601, as a condition of receiving property tax abatement. Ryan Fireprotection, Inc. Petitioner's Name Bingham Economic Development Advisors: Jay Walters /Jenny Massey Agent's Name Acting on Behalf of the Petitioner _ Trisha K. Seifert, PHR /Human Resources Director, Ryan Fireprotection, Inc. Contact Person 9740 East 148th Street Street Address Noblesville, Indiana 46060 City, State, Zip Code (317) 774-2842 Business Telephone ,Number Signature of 4'etit-oner cc: WorkOne Northern Indiana Chairperson, Community a.nd Economic Development Committee Department of Community and Economic Development City Clerk's Office 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULLI~ARD SOUTH BEND, INDLINA 46601-1830 PHONE 574/235-9371 Fnx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY SL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR January 7, 2008 ` ~ ~ ~ t, ~ 0 - (, South Bend Common Council 4th Floor, County City Building 227 West Jefferson Boulevard South Bend, IN 46601 Dear Council Members: Enclosed is a Resolution authorizing the submission of a Site Assessment Grant application to the Indiana Finance Authority through the Indiana Site Assessment Grant Initiative. The Grant application is on behalf of Indiana Land Trust 731 GRN for the property known as the Hannover property. The property is located at 731 West Chippewa Avenue and was once part of the former AM General property. It is located east of the Studebaker Commerce Center (former AM GeneraULTV facility), west of the railroad tracks and north of the South Well Field. The application requests $92,386.00 for a Phase II Site Assessment. The application was prepared by Quality Environmental Professionals, Inc. (QEPI) and submitted by them in November on behalf of the property owner. A Resolution authorizing the submission of the application was not prepared at that time therefore I am submitting this to you for your action at the January 14th meeting. Although the Submission Resolution was not submitted in a timely manner, I encourage your support for this application. The project is a good one and the site assessment may lead to eventual remediation of the site and development in conjunction with adjacent properties. I respectfully request your approval of this Resolution Sincerely, l`' Ann E. Kolata Senior Redevelopment Specialist COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C. MEYER DONALD E. INKS 574/235-9660 574/235-9371 FAx: 574/235-9697 Filed tC- C1eCk'S ()fifiC~ JAN - 9 2008 JGNN VOO~QE CN'Y CLEeiK, S0. BENQ, iN. FINANCIAL & PROGRAM MANAGEMENT ELIZABETH LEONARD ~ ~~. 574/235-9371 ~,~]/ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE INDIANA FINANCE AUTHORITY AN APPLICATION FOR A SITE ASSESSMENTGRANT IN THE AMOUNT OF $92,386 FOR PROPERTY LOCATED AT 731 WEST CHIPPEWA AVENUE, SOUTH BEND, INDIANA WHEREAS, Indiana Land Trust 731 GRN is interested in submitting an application for a Site Assessment Grant from the Indiana Finance Authority for a Phase II Site Assessment at 731 West Chippewa Avenue in South Bend, Indiana; and WHEREAS, the Site Assessment Grant Initiative Program (SAGI) requires that the grant application be submitted by the political subdivision on behalf of a property located within its jurisdiction; and WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the appropriate applicant for a Stipulated Remediation Grant from the Indiana Finance Authority as part of the Site Assessment Grant Initiative Program. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit a Site Assessment Grant Initiative Program grant application in the amount of $92,386.00 on behalf of the property owner, Indiana Land Trust 731 GRN for a Phase II Site Assessment at 731 West Chippewa Avenue, South Bend, Indiana, the former Hannover property. SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the Site Assessment Grant application to be submitted by the Mayor to the Indiana Finance Authority. SECTION III. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any funds received from the Indiana Finance Authority upon approval of this application. SECTION IV. That the Mayor shall be authorized to accept and affirm the grant should one be awarded. SECTION V. That the City of South Bend, Department of Community and Economic Development be designated as the agency and office administering on behalf of the City of South Bend any grant awarded under this application. SECTION VI. That 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 Council ~~2ESENTED ~ " ~~~ Fi{ec~ in ~~erk'S ~fi~ice JAN - 9 2008 JCHN UOCADE CITY CLE ;K, SO• BE.~~D, lH. NOT APPROVE(} r~DOPTEDi ! ., ~~ Uanch, F/arner & Associates, Inc. MICHAEL J. DANCH, L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. December 3, 2007 Honorable Members of the City of South Bend Common Council 4`h Floor County-City Building South Bend, Indiana 46601 Land Surveyors .Professional Engineers Landscape Architects .Land Planners ~~~11 N~. o~-erg' RE: Vacation Petition for a portion of the following: 1.) Northwest corner of Napoleon Street and Eddy Street right-of--way 2.) Southeast corner of Eddy Street and Angela Boulevard right-of--ways 3.) Alley located as the first east-west alley north of St. Vincent Street from the east right- of-way line of Burns Street to the west right-of--way line of Duey Street. 4.) Alley located as the first east-west alley north of St. Vincent Street from the east right- of-way line of Georgiana Street to the west right-of--way line of Burns Street. Dear Council Members: Our clients, the University of Notre Dame Du Lac., Northeast Neighborhood Revitalization Organization, Inc., and the South Bend Heritage Foundation are requesting the approval of the Vacation of a portion of the following: 1.) Northwest corner of Napoleon Street and Eddy Street right-of--way 2.) Southeast corner of Eddy Street and Angela Boulevard right-of--ways 3.) alley located as the first east-west alley north of St. Vincent Street from the east right-of- way line of Burns Street to the west right-of--way line of Duey Street. 4.) Alley located as the first east-west alley north of St. Vincent Street from the east right- of-way line of Georgiana Street to the west right-of--way line of Burns Street. The reason for this request is to allow for the construction of the Eddy Street Commons facility. The proposed project will use the proposed vacated right-of--ways. The City and the Petitioners believe that vacating the above mentioned right-of--ways will not have a detrimental effect on the adjacent properties. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. cerely ichael J. Dan President Danch, Harper & Associates File # 070189.2 pjh ~il~~ In G1erk'~ ~~ice DEC 5 2001 ,10th! VOQ~~~ ta,1N. C~ CLEr,K, ~ , 1643 Commerce Drive South Bend, IN 46628 office 574/234-4003 ^ 8001594-4003 Fax 574/234-4119 208 West Mars Berrien Springs, MI 49103 office 2691471-3010 ^ Fax 269/471-7237 ORDINANCE N0. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF RIGHT-OF-WAY LOCATED ON THE NORTHWEST CORNER OF NAPOLEON STREET AND EDDY STREET, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above-described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: A PORTION OF RIGHT-OF-WAY LOCATED ON THE NORTHWEST CORNER OF NAPOLEON STREET AND EDDY STREET, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF NAPOLEON STREET AND THE WEST RIGHT-OF-WAY LINE OF EDDY STREET; THENCE S. 90°00'0.0" W, ALONG THE NORTH RIGHT-OF-WAY LINE OF NAPOLEON STREET FOR A DISTANCE OF 195.00 FEET; THENCE N 00°00'00" W A DISTANCE OF 8.10 FEET; THENCE N 88°44'23" E A DISTANCE OF 195.05 FEET TO THE.WEST RIGHT-OF-WAY LINE OF EDDY STREET; THENCE S 90°00'00" E ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 12.39 FEET TO THE POINT OF BEGINNING. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend. hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and. ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Tax Key Number 18-5123-4392.02 SECTION IV. The purpose of the vacation of the real property is to allow for the construction of the Eddy Street Commons facility. The proposed project will use the proposed vacated right- of ways. 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 uncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 at o'clock m. City Clerk Approved and signed by me on the day of 2 at o'clock m. Mayor, City of South Bend, Indiana 1 sfi READING ~, ~ ~~--U PUBLIC hEA[tiNG 3 rd READING P~IOT APPROVI_D ~EfERREQ PASSI_A ._._,__.. File l~ ~l~rk'~ Q$$ice DEC 5 2007 JOH~a SO ~gEND, iN. CIT`f CLEPK, PETITION TO VACATE PUBLIC STREET RIGHTS-OF-WAY TO: THE COMMON COUNCIL DATE: September 19, 2007 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A PORTION OF RIGHT-OF-WAY LOCATED ON THE NORTHWEST CORNER OF NAPOLEON STREET AND EDDY STREET, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF NAPOLEON STREET AND THE WEST RIGHT-OF-WAY LINE OF EDDY STREET; THENCE S. 90°00'00" W, ALONG THE NORTH RIGHT-OF. WAY LINE OF NAPOLEON STREET FOR A DISTANCE OF 195.00 FEET; THENCE N 00°00'00"W A DISTANCE OF 8.10 FEET; THENCE N 88°44'23" E A DISTANCE OF 195.05 FEET TO THE WEST RIGHT- OF-WAY LINE OF EDDY STREET; THENCE S 90°00'00" E ALONG SAID RIGHT-OF- WAY LINE, A DISTANCE OF 12.39 FEET TO THE POINT OF BEGINNING. NAME (signed & printed) & ADDRESS Tax Key Number University of Notre Dame Du Lac 18-5123-4392.02 224 Flanner Hall Notre Dame, Indiana 46556 Jams Lyphout, Vice President Business Operations For: University of Notre Dame Du Lac NAME: Danch, Harper & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003 Attn: Michael J. Danch ~- '~ ~~v~ DEC 5 L~r'? `nl.;pl 1tG`vSD~ CITY CLvt~~__._._~0.8wIr0 DEC 5 ~iCi JO~ir7 VOA 5 ~D, kFt. CITY CLE~1~, STREET VACATION DIAGRAM SURVEY ORDERED BY: KITE REALTY GROUP SURVEY DATED: 9-19-07 PROJECT NO.: 070189.2 Nopoleon St RE: LEGAL DESCRIPTION FOR THE VACATION OF RIGHT-OF-WAY LOCATED ON THE NORTHWEST CORNER OF NAPOLEON STREET AND EDDY STREET PARCEL R/W VACATION "A" A PORTION OF RIGHT-OF-WAY LOCATED ON THE NORTHWEST CORNER OF NAPOLEON STREET AND EDDY STREET, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOU_OWS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF NAPOLEON STREET AND THE WEST RIGHT-OF-WAY LINE OF EDDY STREET; THENCE S. 90'00'00" W, ALONG THE NORTH RIGHT-OF WAY LINE OF NAPOLEON STREET FOR A DISTANCE OF 195.00 FEET; THENCE N 00'00'00"W A DISTANCE OF 8.10 FEET; THENCE N 88'44'23" E A DISTANCE OF 195.05 FEET TO THE WEST RIGHT-OF-WAY LINE OF EDDY STREET; THENCE S 90'00'00" E ALONG SAID RIGHT-OF-WAY UNE, A DISTANCE OF 12.39 FEET TO THE POINT OF BEGINNING. W Z R/W VACATION REVISED 9-5-07 ~~/ BE VACATm AY TO Diancf~, HarKer ~rAseoctate>~, lK~ Land Surveyors Professionol Engineers Landscape Architects• Land Planners Office: (574)234-4003 / (800)594-4003 Fax: (574)234-4119 1643 Commerce Drive • South Bend, IN 46628 R/W LINE C/L NAPOLEON ST. (82.5'R/W) LINE BEARING DISTANCE L1 N 00'00'00" W 8.10' L2 S 90'00'00" E 12.39' i -~J~- 1 I I 0 100' SCAIE 1'~ 100' 1 3 4 ~~ 18- 5123 ~-4392.04 -4392.02 I ° 195.05' ~~ NAPOLEON ST. ~- ~ ~ ~~ -3676 ~ 18 5105 w U -3677 Z Q C~ LEGAL DESCRIPTfON: PARCEL R/W VACATION: 195.00' -3689 -3690 ~~18-5102 1 M N -357,9 ~ (/') R 150' ~ ~ ~ ~ ~ O ~ w -- ail^~.~ ~€~ ~ ~~~ ~'~ ~f~c~~ DEC ~ - ~r,~ ~___-~ Ct'i'f CInK, SC. cci~~, - A ~ PORTION OF RIGHT-OF-WAY LOCATED. ON THE NORTHWEST CORNER QF NAPOLEON STREET AND EDDY STREET, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF NAPOLEON STREET AND THE WEST RIGHT-OF-WAY LINE OF EDDY STREET; THENCE S90'00'00"W ALONG THE NORTH RIGHT-OF-WAY LINE OF NAPOLEON STREET FOR A DISTANCE OF 195.00 FEET; THENCE N00'00'00"W A DISTANCE OF 8.10 FEET; THENCE N88'44'23"E A DISTANCE OF 195.05 FEET TO THE WEST RIGHT-OF-WAY LINE OF EDDY STREET; THENCE S90'00'00"E ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 12.39 FEET TO THE POINT OF BEGINNING. University of Notre Dame Du Lac Northeast Neighborhood John Wigfall 224 Flanner Hall Revitalization 1134 Burns Street Notre Dame, IN. 46556 803 LincolnWay West South Bend, IN. 46617 17-1017-0406 South Bend, IN. 46616 18-5100-3526 ~ R_~~ nn_~~~~ South Bend Housing Authority 801 S.Scott Street South Bend, IN. 46613 18-5100-3533 South Bend Heritage Foundation 803 LincolnWay W South Bend, IN. 46616 18-5100-3531 University of Notre Dame Du Lac 1130 Burns South Bend, IN. 46617 18-5100-3529 Douglas & Gladys Poindexter 1116 E.Sorin South Bend, IN. 46617 18-5097-3422 Edward & Irene Cour P.O.Box 509 Notre Dame, IN. 46556 18-5105-3689 University of Notre Dame Du Lac Attn: JJ Lyphout 836 Grace Hall Notre Dame, IN. 46556 Kamilla Kapacinskas-Greg Horning 1126 Frances Street South Bend, IN. 46617 18-5105-3876 Trustees of Indiana University 580 E Kirkwood, Suite 204 Bloomington, IN. 47408 18-5123-439204 iii ~ E>< ~~~~'~:'~ ~~i€~0 DEC 5 2007 GITY G! ~~K, ~0. r~EF~G, IN. 1316 COUNTY-CITY BLSiLD1NG 227 W. JEPEEEIessoN BouLEt~aRD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN' J. LUECKE, MAYOR POARD OF PUBLIC WORKS September 25, 2007 Mr. Mike Danch Danch Hamer & Associates, Inc. 1653 Commerce Drive South Bend, Indiana 46628 PHONE 574/ 235-9251 Fax 574/235-9171 TDD 574/ 235-5567 RE: Right-of--Way Vacation -Southwest Corner of Eddy Street and Angela Boulevard (Preliminary Review) Dear Mr. Danch: On September 24, 2007, the Board of Public Works reviewed your petition to vacate the above right-of--way. The following comments and recommendations were submitted from the Engineering Division, Area Plan Commission, Community & Economic Development, Fire '~ Department, Police Department, Solid Waste Division and the City Attorney's Office: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 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. Community & Economic Development recommended favorably for this vacation as long as the turning radius on the corner is not affected. The Board recommended this vacation favorably as long as the turning radius on the corner is not affected. GARY A. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER Danch Harner Page 2 of 2 September 25, 2007 Please present evidence that the above stated issue(s) are resolved. I will inform you of the next step in the vacation process at that time. Please call me at (574) 235-9251 with questions. " Sincerely, inda M. Martin, Clerk c: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering ~• ; ;, vF,..~ /~1 `.~.~' ~~ ZOQl STREET VACATION ®IAGRAM SURVEY ORDERED BY: KITE REALTY GROUP SURVEY DATED: 8-28-07 PROJECT NO.: 070189.S RE: LEGAL DESCRIPTION FOR THE VACATION OF RIGHT-OF-WAY LOCATED ON THE SOUTHWEST CORNER OF EDDY ST. AND ANGELA BLVD. (AKA EDISON ROAD) PARCEL R/W VACATION "B" A PORTION OF RIGHT-OF-WAY LOCATED ON THE SOUTHWEST CORNER OF EDDY STREET AND ANGELA BLVD. (AKA EDISON ROAD. BEING A PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, CffY OD SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE 50UTHWEST CORNER OF EDDY ST. AND ANGELA BLVD. RIGHT-OF-WAY; THENCE N. 00'20'45" W, ALONG THE EAST RIGHT-OF-WAY OF EDDY STREET FOR A DISTANCE OF 10.94 FEET; TO THE SOUTHERLY RIGHT-OF-WAY LINE OF ANGELA ~LVD, THENCE N 65'42'03" E A DISTANCE OF 63.41 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE S. 89'21'11 "E A DISTANCE OF 23.71 FEET; THENCE S 65'42'03" W A DISTANCE 0 63.14 FEET TO THE POINT OF BEGINNING. ~~~~~;~ ~a~rd ~~ lPubdi~ ®t°k.~ I sE~ 2 a 2ao7 ~~; ~ ~~~ /~ ~ G BLVD. (~' ~ -ilrtf- . . 1 0 100' SCkE 1'~ 100' (L-t) I Lry ~1 .~ tV ~I P.O.B. M v E W 20.00' R/1Y LINE 11NE BEARING DISTANCE L1 N 00'20 45 W 10.94 L2 N 65'42'03' E 37.47 t3 S 89'20 37 E 23.71 L3 S 6542 03 W 63.41 / / RIGHT-OF-WAY TO BE VACATED ranch, Harney ~A~aciatee, ln~ Land Surveyors Professional Engineers Landscape Architects • Land Planners , Office: (574)234-4003 / (800)594-4003 ^ Fax: (574)234-4119 1643 Commerce Drive • South Band, IN 46628 O opyng anc , Amer aoua ae, ne. 4 4 ANGELA BLVD. (AKA EDISON ROAD) A~;. 28. 2007 11:33AM BRD PUB UuORKS & SAFETY lidTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS No. 9996 P. 1/2 TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development ~~Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettie, NIPSCO (jrbettin nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ;~ RE: Request for Recommendation -Property Vacation Location: Vacation of the Rlght-of-Way located on the $outwest Comer of Eddy Street and Angela Boulevard (aka Edison Roadl (Preliminary Review) DATE: August 28, 2007 DUE: SeQtember 17.2007 FAX OR E-MAIL TO: 235-9171 1 Imartin(a~southb®ndin.slvv_ RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS N07 REQUIRED. COMMENTS ~ RECOMMENDATIONS: . ~-t3~~c AaY c b~c,c,~'o a~ ~~ /ass ~r rtif Pn;'•~F S ,~~n ?~i~, ~d,~~~r 7s net ~ ~~~s~~~ BY: ~~1'{~i2h-erg DATE: Aria Plan ~®r~rnissi~-n ®f fit. J®seph ~~unty 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magiiozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 September 5, 2007 The Board of Public Works 13~' floor, County-City Building South Bend, Indiana 46601 RE: Vacation SouthEAST corner of Edison Road and Eddv Street Dear Board Members: The staff has reviewed this petition. It is the staff s opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.\ (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. The staff recommends the right-of-way be vacated. Sincerel , R bert Nemeth Senior Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ° Aug, 28. ~ ~, ~~~~~ a 2007 11:35AM BRD PUB WORKS & SAFETY No. 9996 P. 1/2 INTER-OFFICE MEIVIQRANDUM BQARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byomi, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community ~ Economic.Dsvelopment Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettie, NIPSCO (jrbettin nisource:com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ;~ RE: Request for Recommendation -Property Vacation Location: Vacation of the Rlyht-of-Way Ideated on the $outwest Comer of Eddv . Street and Angela Boulevard (aka Edison Road) (Preliminary Review) DATE: August 28, 2007 ~, - DUE: September 17.2007 FAX ORE-MAIL TO:, 235-9171 / ImartinCa~southbendin.~ov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. gy; ~ DATE: INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: „Z~arl Littrell, Engineering Department ~..dohn Byorni, Area Plan Commission (235-9813 fax) Jeff,Ci.bney; Goaamu.pity-&--Eco~n~amre-@enetopment Chris Dressel, Community & Economic Development c~'ob Mathia, Community & Economic Development Robert Sanders, Fire Department vd~ack Dillon, Solid Waste (~tephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (~rbettin a~nisource.com or 284-2220 fax) For Informational Purposes Only .FROM: Linda M. Martin, Clerk ;~~ RE: Request for Recommendation -Property Vacation Location: Vacation of the R1~c. ht of Way located on the Soutwest Corner of Eddv Street and Angela Boulevard (aka Edison Roadl (Preliminary Review) DATE: August 28, 2007 DUE: September 17 2007 FAX OR E-MAIL TO:. 235-9171 / Imartin(a~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: gY: DATE: INTER-OFFICE MEMORANDUM EOARD OF PUELIC ~ORFCS TO: VCarl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO firbettin(c~nisource:com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ;~''L RE: Request for Recommendation -Property Vacation Location: Vacation of the Rlght of Way located on the Soutwest Corner of Eddv Street and Angela Boulevard (aka Edison Road) (Preliminary Review) DATE: August 28, 2007 DUE: September 17. 2007 FAX OR E-MAIL TO:, 235-9171 ! Imartin(a~southbendin.gov RETURN RECOMMENDATION.PAGEQNLY. ATTACHMENTS NOT REQUIRED.' COMMENTS & RECOMMENDATIONS: i'1A . • ~ BY• Oh l~, G~~~~~ DATE: Ruh 29 07 01:19P SBPD TRRFFIC Aug. 28. 200] i1:3bAM~ BRD PUB V~ORKS & SAFETY Pf~~fER~OFFfO@ NfEtkA~FtR~t~DU1t$ ~OAR® OF PllBUC 19~®Rf~S [2191235-9305 p•5 No. 9996 P. lit TO: Carl Utte®11, Engineering Department John Byon11, Area Plan Commission (235-9613 fax} Jeff Gibney, Community & Economic Development Chris Dr®ssel, Community & Economic Oev2lopment Bob Mathis, Community i?< Economlc.Devefopment Robert Sanders, Fire Departm®nt Jack Dillon, Sblid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim ~ttin, NIPSCO (irbettin(~nisource:corp or 264.2224 fax) Far Intnrmationa! Purposes Onty FROM; ~ Llnta M, Marlin, Clerk RE: Request for Recommendation - Property Vacation t:oaation: Natation of the RIgM-ot=Way located on Nte Souhnrest comer of Eddy Street and Angela Boulevard (aka Edison Roac-i} (Preliminary R®view? DATE: August 28, ?007 QUE: September 17, 2007 FIs~.1C OR ~E-MAlI. Ta:, 235171 / lmartlrt a~.souihbendin.aov . RETURN RECOMMENDATION PAGE ONkY. ATTACHMENTS NOT REQUIRED. 8Y' ,/~~ %~.)(.~`~ DATE: ~~~ ranch, ~/arner & associates, Inc. MICHAEL J. DANCH, L.A. Land Surveyors .Professional Engineers RON HARNER, P.S. Landscape Architects .Land Planners DANIEL W. AKIN, P.E., L.S. December 3, 2007 ~ --~ ~~ ~ ' ~ ~~ ~ 1~ Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Vacation Petition for a portion of the following: 1.) Northwest corner of Napoleon Street and Eddy Street right-of--way 2.) Southeast corner of Eddy Street and Angela Boulevard right-of--ways 3.) Alley located as the first east-west alley north of St. Vincent Street from the east right- of-way line of Burns Street to the west right-of--way line of Duey Street. 4.) Alley located as the first east-west alley north of St. Vincent Street from the east right- of-way line of Georgiana Street to the west right-of--way line of Burns Street. Dear Council Members: Our clients, the University of Notre Dame Du Lac., Northeast Neighborhood Revitalization Organization, Inc., and the South Bend Heritage Foundation are requesting the approval of the Vacation of a portion of the following: 1.) Northwest corner of Napoleon Street and Eddy Street right-of--way 2.) Southeast corner of Eddy Street and Angela Boulevard right-of--ways 3.) alley located as the first east-west alley north of St. Vincent Street from the east right-of- way line of Burns Street to the west right-of--way line of Duey Street. 4.) Alley located as the first east-west alley north of St. Vincent Street from the east right- of-way line of Georgiana Street to the west right-of--way line of Burns Street. The reason for this request is to allow for the construction of the Eddy Street Commons facility. The proposed project will use the proposed vacated right-of--ways. The City and the Petitioners believe that vacating the above mentioned right-of--ways will not have a detrimental effect on the adjacent properties. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. ' cerely ><chael J. Dan President Danch, Harner & Associates File # 070189.2 pjh ~[~~~'~ ®fi[ICe SEC 5 2001 J4Y~F! VOQR4E -, ~a, ~~!!a, !~• i CR`{ CLEitiK, 1643 Commerce Drive South Bend, IN 46628 office 574/234-4003 ^ 8001594-4003 ^ Fax 5741234-4119 208 West Mars Berrien Springs, MI 49103 office 2691471-3010 ^ Fax 2691471-7237 ORDINANCE N0. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF RIGHT-OF-WAY LOCATED ON THE SOUTHEAST CORNER OF EDDY STREET AND ANGELA BOULEVARD (AKA EDISON ROAD), BEING A PART OF THE NORTHWEST QUARTER OF SECTION 6, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above-described public property. ' NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: A PORTION OF RIGHT-OF-WAY LOCATED ON THE SOUTHEAST CORNER OF EDDY STREET AND ANGELA BOULEVARD (AKA EDISON ROAD), BEING A PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF EDDY STREET AND THE SOUTHERLY RIGHT-OF- WAY LINE OF ANGELA BOULEVARD; THENCE N. 00°20'45" W, ALONG THE EAST RIGHT-OF WAY OF EDDY STREET FOR A DISTANCE OF 10.94 FEET; TO THE SOUTHERLY RIGHT-OF-WAY LINE OF ANGELA BOULEVARD; THENCE N 65°42'03" E A DISTANCE OF 37.47 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF ANGELA BOULEVARD; THENCE S. 89°20'37" E A DISTANCE OF 23.71 FEET; THENCE S 65°42'03" W A DISTANCE OF 63.41 FEET TO THE POINT OF BEGINNING. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities. and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously. or beneficially affected by such vacating: Tax Key Number 17-1017-0406 SECTION IV. The purpose of the vacation of the real property is to allow for the construction of the Eddy Street Commons facility. The proposed project will use the proposed vacated right- of ways . 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 Comm~n Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 at o'clock m. City Clerk Approved and signed by me on the 2 , at _ o'clock m. day of Mayor, City of South Bend, Indiana ~v~K~~~ 1st P.EADING PUBLIC HEARING 3rd READING NOT APPROVED DEFERRED PASSED ~ .._~~~~ Fated in Ct'r~k'~ t3f~ice DEC - 5 2007 JOHN VOORDE CRY GLEAK, S0.8END, IN. _ __ PETITION TO VACATE PUBLIC STREET RIGHTS-OF-WAY T0: THE COMMON COUNCIL DATE: SEPTEMBER 19, 2007 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A PORTION OF RIGHT-OF-WAY LOCATED ON THE SOUTHEAST CORNER OF EDDY STREET AND ANGELA BOULEVARD (AKA.EDISON ROAD), BEING A PART OF THE NORTHVdEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF EDDY STREET AND THE SOUTHERLY RIGHT-OF- WAY LINE OF ANGELA BOULEVARD; THENCE N. 00°20'45" W, ALONG THE EAST RIGHT-OF-WAY OF EDDY STREET FOR A DISTANCE OF 10.94 FEET; TO THE SOUTHERLY RIGHT-OF-WAY LINE OF ANGELA BOULEVARD; THENCE N 65°42'03" E A DISTANCE OF 37.47 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF ANGELA BOULEVARD; THENCE S. 89°20'37"E A DISTANCE OF 23.71 FEET; THENCE S 65°42'03" W A DISTANCE OF 63.41 FEET TO THE POINT OF BEGINNING. NAME (signed & printed) & ADDRESS Tax Rey Number University of Notre Dame Du Lac 17-1017-0406 224 Flanner Hall Notre Dame, Indiana 46556 es J. L p out, Vice President Business Operations For: University of Notre Dame Du Lac NAME: Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628. (574) 234-4003 Attn: Michael J. Danch ~.~ ~w, 1„f~E~~t~,,4;I ~" l~~'~ r D tC ~' ` JG~~ ~t0~~t~'J, ~~• '. A PORTION OF RIGHT-OF-WAY LOCATED ON THE SOUTHEAST CORNER OF EDDY STREET AND ANGELA BOULEVARD (AKA EDISON ROAD), BEING A PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND,` PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF EDDY STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF ANGELA BOULEVARD; THENCE N. 00'20'45" W, ALONG THE EAST RIGHT-OF-WAY OF EDDY STREET FOR A DISTANCE OF 10.94 FEET; TO THE SOUTHERLY RIGHT-OF-WAY LINE OF ANGELA BOULEVARD; THENCE N 65'42'03" E A DISTANCE OF 37.47 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF ANGELA BOULEVARD; THENCE S. 89'20'37"E A DISTANCE OF 23.71 FEET; THENCE S 65'42'03" W A DISTANCE OF 63.41 FEET TO THE POINT OF BEGINNING. 18-5123 -4392.03 ANGELA BLVD. (L-1) .-. a ~I -4392.02 H W 18-5123 W . _~- '" 4 A I 0 100' ~ SCALE 1'= 100' 17-1017 -0406 ANGELA BLVD. (AKA EDISON `V,kl P.0.8. R/W UNE UNE BEARING DISTANCE L7 N 00'20 45 W 10.94 L2 N 6542 03 E 37.47 L3 5 89'20 37 E 23.71 L3 S 6542 03 W 63.41 18- 5102 20.00' -3579 (OU) R/W) ®RIGHi--OF-WAY TO BE VACATED J ~.. 40n?d J~~i,Ji1~J[ University of Notre Dame Du Lac Northeast Neighborhood John Wigfall 224 Flanner Hall Revitalization ~ 1134 Burns Street Notre Dame, IN. 46556 803 LincolnWay West South Bend, IN. 46617 17-1017-0406 South Bend, IN. 46616 18-5100-3526 ~ R_~~ nn_:~~~s South Bend Housing Authority 801 S.Scott Street South Bend, IN. 46613 18-5100-3533 South Bend Heritage Foundation 803 LincolnWay W . South Bend, IN. 46616 18-5100-3531 University of Notre Dame Du Lac 1130 Burns South Bend, IN. 46617 18-5100-3529 Douglas & Gladys Poindexter 1116 E.Sorin South Bend, IN. 46617 18-5097-3422 Edward & Irene Cour P.O.Box 509 Notre Dame, IN. 46556 18-5105-3689 University of Notre Dame Du Lac Attn: JJ Lyphout 836 Grace Hall Notre Dame, IN. 46556 ~ ~_~~ ~:~~~a~n~ Kamilla Kapacinskas-Greg Horning 1126 Frances Street South Bend, IN. 46617 18-5105-3876 Trustees of Indiana University 580 E Kirkwood, Suite 204 Bloomington, IN. 47408 18-5123-439204 ~il~ ~ ~ !~'E'tS'~ C~liit~~ DEC 5 2Ci07 aa;tE; vo~~~t: 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR . BOARD OF PUBLIC V~d ORKS September 25, 2007 Mr. Mike Danch Danch Hamer & Associates, Inc. 1653 Commerce Drive South Bend, Indiana 46628 PHONE 574/235-9251 FAx 574/ 235-9171 TDD 574/ 235-5567 RE: Right-of--Way Vacation -Southwest Corner of )eddy Street and Angela Boulevard (Preliminary Review) Dear Mr. Danch: On September 24, 2007, the Board of Public Works reviewed your petition to vacate the above right-of--way. The following comments and recommendations were submitted from the Engineering Division, Area Plan Commission, Community & Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 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. Community & Economic Development recommended favorably for this vacation as long as the turning radius on the corner is not affected. The Board recommended this vacation favorably as long as the turning radius on the corner is not affected. GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER Danch Harner Page 2 of 2 September 25, 2007 Please present evidence that the above stated issue(s) are resolved. I will inform you of the next step in the vacation process at that time. Please call me at (574) 235-9251 with questions. Sincerely, Linda M. Martin, Clerk c: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering EE~" ; 1-..~ . ~ , v.., 1 `,`r r} 1~k ~V~1 __. ..,~ STREET VA~AT1®~ ®I~GR~-M SURVEY ORDERED BY: KITE REALTY GROUP SUP,VEY DATED: 8-28-07 PROJECT NO.: 070189.S RE: LEGAL DESCRIPTION FOR THE VACATION OF RIGHT-OF-WAY LOCATED ON THE SOUTHWEST CORNER OF EDDY ST. AND ANGELA BLVD. (AKA EDI50N ROAD) PARCEL R/W VACATIO.N "B" A PORTION OF RIGHT-OF-WAY LOCATED ON THE SOUTHWEST CORNER OF-EDDY STREET AND ANGELA BLVD. (AKA EDISON ROAD. BEING A PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, CffY OD SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF EDDY ST. AND ANGELA BLVD. RIGHT-OF-WAY; THENCE N. 00'20'45" W, ALONG THE EAST RIGHT-OF-WAY OF EDDY STREET FOR A DISTANCE OF 10.94 FEET; TO THE SOUTHERLY RIGHT-OF-WAY LINE OF ANGELA ~LVD, THENCE N 65'42'03" E A DISTANCE OF 63.41 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY UNE; THENCE S. 89'21'11"E A DISTANCE OF 23.71 FEET;-• THENCE S 65'42'03" W A DISTANCE 0 63.14 FEET TO THE POINT OF BEGINNING. ~~t"4t~ I ~~~ ~~ ~ru~da~ ~ I SEP 2 4 22{07 G BLVD. Y~l.r~`-f C- 0 m u -K - ~ - I 0 100' SCALE 1'~ 100' (L-1) I V~ ikl .. `V ~I P.O.B. c] v E W 20.00' ANGELA BLVD. (AKA EDISON ROAD) R/W UNE ~I VACATION UNE BEARING DISTANCE L1 N 00'20 45 W 10.94 ' L2 N 65'42'03" E 37.47 L3 S 89'20 37 E 23.71 L3 S 6542 03 W 63.41 / RIGHT-OF-WAY TO /~ BE VACATED ~anck,, Harney c'>~A~aciates, ln~ Land Surveyors Professional Engineers L~. :. Landscape Architects• Land Planners Office: (574)234-4003 / (800)594-4003 • Fax: (574)234-4119 ! 1643 Commerce Orive • South Bend, IN 46628 p opyngh 0 anc amaf eocia ee, ne. a~~. 2a. lao7 11.33AM aRO Rua ~~~~oRKS & SARETY INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORI{S No, 9996 R. 1/2 TO: Carl Littrell, Engineering Department John Byomi, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development .Chris Drassel, Community & Economic Development ~~Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin .nisource.com or 264-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk` RE: Request for Recommendation -Property Vacation Location: Vacation of the Rlght-of-Way located Qn the Soutwest Comer of Eddy Street and Angela Boulevard faka Edison Road) (Preliminary R®view) DATE: August 28, 2007 DUE: SeRtember 17, 2007 FAX OR E-MAIL TO: 235-9171 / lmartln(a~sout:hb®ndin.~ov_ RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS 8~ RECOMMENDATIONS: .d ti..r~y,,c Ay- ~~r°c. c,7'o`v~ d~ lr.s ~- rat ~h~ `~'2s/~7i:'~( ~g.~•hs /~ ! Tgn f ~7~, ~es,~ ~,~N ~ S fz~i} 4r ~"~1,5 ~K`~ BY:___~i~ ~~~~2l~-r~ DATE: ~/ ~ y/~ area ~lal, C~r~°~rr~i~~i®~ ®f ~. ~~~eph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 September 5, 2007 The Board of Public Works 13`~ Floor, County-City Building South Bend, Indiana 46601 RE: Vacation SouthEAST corner of Edison Road and Eddy Street Dear Board Members: The staff has reviewed this petition. It is the staff s opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.\ (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. The staff recommends the right-of--way be vacated. Sincerel , R bert Nemeth Senior Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and 5t. Joseph County, Indiana ° Au.g.28, ® G' ~' f~~ 2007 11.35AM 'BRD PUB WORKS & SAFETY No. 9996 P. 1/2 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community.& Economic Development Chris Dressel, Community & Economic Development Bob Mathis, Community ~ Economic.Dev®lopment Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Betftn, NIPSCO (jrbettin a nisource:com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ;~ RE: Request for Recommendation -Property Vacation Location: Vacation of the RI~}c ht-of-Way located on the SoutWest Comer of Eddy Street and Ancela Boulevard (aka Edison Road) (Preliminary Review) DATE: August 28, 2007 DUE: September 17.2007 FAX ORE-MAIL TD:, 235-9171 / ImartinCa~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. ' ~./le BY: DATE: INTER-OFFICE MEIVIORp+IVDUM EOARD OF PUELIC 1NORICS TO: ~,Z~arl Littrell, Engineering Department ud~ohn Byorni, Area Plan Commission (235-9813 fax) Jeff~Gibt~ey; Gonamu.qiL~&--1=eon~o~mte-B~retvl~m~nt Chris Dressel, Community & Economic Development r.E~ob Mathia, Community & Economic.Development Robert Sanders, Fire Department Vd~°ack Dillon, Solid Waste (Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettin(c~nisource.com or 284-2220 fax) Purposes O lyal FROM: Linda M. Martin, Clerk ;~~ RE: Request for Recommendation.- Property Vacation Location: Vacation of the Right of Way located on the Soutwest Corner of Eddy_ Street and Angela Boulevard (aka Edison Road) (Preliminary Review) DATE: August 28, 2007 DUE: September 17 2007 FAX OR E-MAIL TO:, 235-9171 l Imartin(p southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: BY: DATE: INTEL-®FFICE I~EI~IOR~+N®U~ ~®~R® ~F FUELIC !~!®RK~ O; ~1Carl Littrell, Engineering Department T John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department ' Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO firbettin annisource:com or 284-2220 fax) Purposes O lyal FROM: Linda M. Martin, Clerk ;~~, RE: Request for Recommendation -Property Vacation Location: Vacation of the Rlaht of Way located on the Soutwest Corner of Eder Street and Anaela Boulevard (aka Edison Roadl (Preliminary Review) DATE: August 28, 2007 DUE: September 17 2007 FAX OR E-MAIL TO:, 235 9171 I Imartin(a~southbendin.gov ? RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED.' COMMENTS & RECOMMENDATIONS: ~I. . ~_'....~~ Ruh 29 07 01:19p SBPD TRRFFIC Aug, Z8. 7007 11:36AM 'dRD PUB ~l~ORKS & SAFETY' Pf~Tfrf~-OFFf~f? I~fEMt~R~t~f~1.F~t BOARD ®F P1lf3U~ l9~J®Ri~S (2191235-9308 P•5 No. 9996 P. ii2 TO: Car! Littrell, Engineering Department John Eyoml, Area Plan Commission (235.91313 fax Jeff Gibney, Community & IEconomic Q~veiopment Chris Dressel, Community ~ Economic Qeve{opment Bois Mathis, Community & l=conomlc.Dev®fopment Robert Sanders, l=ire Department Jack Di{ton, Solid Waste Stephen Goen, Police Department Cheryf Greene, City Attorney's Office JIm Hettirl, NIPSCO (irbe-ttin(~nisourc,~~corn or 264-2224 fax) For tnfdrmationa! Purposes Only FROM; Linda M. Marlin, Cierk RE: Request for Recommendation • Property Vacation Location: Vacation of the Right-o•:Way Leafed on-~tg ~outwest-comer afi Edd1~ Street and Angela Boulevard fake Edison Road) (Rr®timinary Review} DATE: August 28, 2007 8Y: ,~~ DATE: ~~ QUE: Sedternbet' 17, 2007 FAilC ORE-MAIL. TO: 235.171 / imartin(a~souEF-bene4in.avv RETURN RECOMMENDATION FAGS ONkY. ATTACHMENTS NOT REQUIRED. r ~a~~h, ~®arne~ associates, ln~. MICHAEL J. DANCH, L.A. Land Surveyors .Professional Engineers RON HARNER, P.S. Landscape Architects .Land Planners DANIEL W. AKIN, P.E., L.S. December 3, 2007 Honorable Members of the City of South Bend Common Council 4`h Floor County-City Building South Bend, Indiana 46601 RE: Vacation Petition for a portion of the following: 1.) Northwest corner of Napoleon Street and Eddy Street right-of--way 2.) Southeast corner of Eddy Street and Angela Boulevard right-of--ways 3.) Alley located as the first east-west alley north of 5t. Vincent Street from the east right- of-way line of Burns Street to the west right-of--way line of Duey Street. 4.) Alley located as the first east-west alley north of St. Vincent Street from the east right- of-way line of Georgiana Street to the west right-of--way line of Burns Street. Dear Council Members: Our clients, the University of Notre Dame Du Lac., Northeast Neighborhood Revitalization Organization, Inc., and the South Bend Heritage Foundation are requesting the approval of the Vacation of a portion of the following: 1.) Northwest corner of Napoleon Street and Eddy Street right-of--way 2.) Southeast corner.of Eddy Street and Angela Boulevard right-of--ways 3.) alley located as the first east-west alley north of St. Vincent Street from the east right-of- way line of Burns Street to the west right-of--way line of Duey Street. 4.) Alley located as the first east-west alley north of St. Vincent Street from the east right- of-way line of Georgiana Street to the west right-of--way line of Burns Street. The reason for this request is to allow for the construction of the Eddy Street Commons facility. The proposed project will use the proposed vacated right-of--ways. The City and the Petitioners believe that vacating the above mentioned right-of--ways will not have a detrimental effect on the adjacent properties. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. ' cerely ><chael J. Dan President Danch, Harper & Associates File # 070189.2 pjh ~ter~'~ ~,~ice ~i1~~ tt~ SEC 5 2001 ~pCRD tia, iN. CIT`t CtEeyK, 60. B~ 1643 Commerce Drive South Bend, IN 46628 office 5741234-4003 ^ 800/594-4003 Fax 574/234-4119 208 West Mars Berrien Springs, MI 49103 office 269/471-3010 ^ Fax 2691471-7237 ORDINANCE N0. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY NORTH OF ST. VINCENT STREET FROM THE EAST RIGHT-OF-WAY LINE OF BURNS STREET, TO THE WEST RIGHT-OF-WAY LINE OF DUEY STREET FOR A DISTANCE OF 248 FEET, MORE OR LESS AND A WIDTH OF APPROXIMATELY 12 FEET. 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 EAST-WEST ALLEY NORTH OF ST. VINCENT STREET FROM THE EAST RIGHT-OF-WAY LINE OF BURNS STREET, TO THE WEST RIGHT-OF-WAY LINE OF DUEY STREET FOR A DISTANCE OF 248 FEET, MORE OR LESS AND A WIDTH OF APPROXIMATELY 12 FEET. PART SITUATED IN HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Tax Key Number 18-5100-3526 Tax Key. Number 18-5100-3527 Tax Key Number 18-5102-3579 SECTION IV. The purpose of the vacation of the real property is to allow for the construction of•the Eddy Street Commons• facility. The proposed project will use the proposed vacated right- of ways. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk 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 ~ ~fi~lce Filed to ~le~lc 1 st P.EADE~:G ~ ` ~~ PU6LiC HEARING 3 rd READING NOT APPROVED ^`:FFRRED PASSED SEC - 5 2001 J~p a'rt*4+ lN• PETITION TO VACATE PUBLIC ALLEY RIGHTS-OF-WAY TO: THE COMMON COUNCIL DATE: September 17, 2007 OF THE CITY OF SOUTH BEND, INDIANA I (WE)r THE UNDERSIGNED PROPERTY OWNER(S)r PETITION YOU TO VACATE: THE FIRST EAST-WEST ALLEY NORTH OF ST. VINCENT STREET FROM THE EAST RIGHT-OF-WAY LINE OF BURNS STREET, TO THE WEST RIGHT-OF-WAY LINE OF DUEY STREET FOR A DISTANCE OF 248 FEET± AND A WIDTH OF APPROXIMATELY 12 FEET. PART SITUATED IN HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH BENDr ST. JOSEPH COUNTY, INDIANA. NAME (signed & printed) & ADDRESS Tax Key Number Northeast Neighborhood 18-5100-3526 Revitalization Organization, Inc. 18-5100-3527 803 Lincoln way West South Bend, Indiana 46615 For Northeast Neighborhood Re italization Organization, Inc. University of Notre Dame Du Lac 18-5102-3579 224 Flanner Ha11 Notre Dame, Indiana 46556 . J J. yphout, Vice President Business Operations For: University of Notre Dame Du Lac ~~ w. ~ ~ ~ ~ ci w ~= r.,t ~ ~n ~~ ~ a ~ ~~~ w ~ -~ c~ `~ +~ ~~ U :,f. NAME: Danch, Harner & Associates, Inc. 1643 Co~nerce Drive South Bend, Indiana 46628 (574) 234-4003 Attn: Michael J. Danch _ _. v'~ r.; ~ 3 :1~..- 1 i .. -... -.I ~i, f :=. ~ ~~. ... 1 ,. ' .., ... .. . ALLEY VACATION DIAGRAM SURVEY ORDERED BY: KITE REALTY GROUP SURVEY DATED: 8-30-07 LOTS 72 & 73, INCLUSNE 1N THE HARTMAN PROJECT NO.: 070189.A AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, INDIANA. THE ALLEY TO BE VACATED IS DESCRIBED AS THE FlRST EAST-WEST ALIFY NORTH OF ST. VINCENT STREET FROM THE EAST RIGHT-OF-WAY LINE OF GEORGL4NA STREET, TO THE WEST RIGHT-OF-WAY LINE OF BURNS STREET FOR A DISTANCE OF 248 FEETt AND A WIDTH OF APPROXIMATELY 12 FEET. PART STfUATID IN HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIfWA 3 a o' ~' c~ h o' J a. a 0 h C7 O w 07 U • ' 12' n . ' 12' ' $ N 90' b 0' E ^ N 9 Od 00' E 8 r` g I ~ g G~ , ` 118.00' g ..A lle.oo~ Haar ~° 8 ,~` 5 S ~~. 1e.oo~ ~ lle.oo• ^^ 1~ O` B9 7 fV 6 . 7 ~' ~ ' yG ~~9 y . W 3 i1a00' • n pp p~~ )v Q fi O 8 •6` ~`I- WC 1'J`~` . ,} f ~ ~ S ~~ 0~ y, N Z ,o g .° l t aoo~ 6h ~• ~°~ ; $ ~ `' ' l laao 65 o' 07 8 mo moo. S 11 aoC ` 6a O p'• .O` ` "R/W C/L ST r x 0 H W W U LINE R LINE L VINCENT STREET (50'R/lf) /%/ f1LLL, Iv OL VACAIID Danc/4 Harper dtA>~actate~, ln~ Land Surveyors Professions{ Engineers Laridscape Architects• Land Planners Office: (574)234-4003 / (800)594-4003 Fax: (574)234-4119 1643 Commerce Drive South Bend. IN 46628 -~- I SCALE 1'~ 1D0' 1 4 . -, '- ,~. `. , ~.' ~ ' 18-5102 `. ~`~ ~ ~ ` ` ` ~ ~ i js -3579 ~,` ~ ~ O~ ~ ~ ~ .~ i ~ ~ ~ ~ ~ i 248' ~ i ~ N ~ - 26 72 ~ 73 108 ~ 27 ~~, 71 Q~ 74 107 ; ~ ~ ~ cn ~ ~ ; ~`. 28 70 75 ,; 106 , ~ ~ , 29 ~'~ .,, Q z ~ 60~~ 76 ---- 105 ,` ~t - --- -------------- ------ ----------- ----- 3p ~ ~g 77 z 104 o Q' ~ c~ ,`~ ~ m P LEGAL DESCRIPTION: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY NORTH OF ST. VINCENT STREET FROM THE EAST RIGHT-OF-WAY LINE OF GEORGIANA STREET, TO THE WEST RIGHT-OF-WAY LINE OF BURNS STREET FOR A DISTANCE 248 FEET +/- AND A WIDTH OF APPROXIMATELY 12 FEET. PART SITUATED IN HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, ST.. JOSEPH .. COUNTY, INDIANA. ~i~R~ 3~ ~f~t'k ~ ~ ri~~ DEC 5 ~~D7 sn a, ~~ ~,n~ OF University of Notre Dame Du Lac Northeast Neighborhood John Wigfall 224 Flanner Hall Revitalization ~ 1134 Burns Street Notre Dame, IN. 46556 803 LincolnWay West South Bend, IN. 46617 17-1017-0406 South Bend, IN. 46616 18-5100-3526 ~R_n~nn_~~~~ South Bend Housing Authority 801 S.Scott Street South Bend, IN. 46613 18-5100-3533 South Bend Heritage Foundation 803 LincolnWay W South Bend, IN. 46616 18-5100-3531 University of Notre Dame Du Lac 1130 Burns South Bend, IN. 46617 18-5100-3529 Douglas & Gladys Poindexter 1116 E.Sorin South Bend, IN. 46617 18-5097-3422 Edward & Irene Cour P.O.Box 609 Notre Dame, IN. 46556 18-5105-3689 University of Notre Dame Du Lac Attn: JJ Lyphout 836 Grace Hall Notre Dame, IN. 46556 ~ R_~~ ~~_a:~A~n:~ Kamilla Kapacinskas-Greg Horning 1126 Frances Street South Bend, IN. 46617 18-5105-3876 Trustees of Indiana University 580 E Kirkwood, Suite 204 Bloomington, IN. 47408 18-5123-439204 ail ~ 1~a ~1c~k'~ C~fi~~~ DEC 5 %~a~ aa~~tx vo~3~rE ~E1~ G~~E,~, sa. ~~r~a, l~l. 1316 COUNTY-CITY BUILDING 227 ~ JEFFERSON BOULEI'ARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LuECIO/, MAYOR BOARD OF PUBLIC V~ ORKS September 25, 2007 PHONE 574! 235-9251 FAx 574/ 235-9171 TDD 574! 235-5567 Mr. Mike Danch Danch Harner & Associates, Inc. 1653 Commerce Drive South Bend, Indiana 46628 RE: Right-of--Way Vacation -Southwest Corner of Eddy Street and Angela Boulevard (Preliminary Review) Dear Mr. Danch: On September 24, 2007, the Board of Public Works reviewed your petition to vacate the above right-of--way. The following comments and recommendations were submitted from the Engineering Division, Area Plan Commission, Community & Economic Development, Fire Department, Police Department, Solid Waste Division acid the City Attorney's Office: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is. located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 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. Communty & Economic Development recommended favorably for this vacation as long as the turning radius on the comer is not affected. The Board recommended this vacation favorably as long as the turning radius on the corner is not affected. GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER Danch Hamer Page 2 of 2 September 25, 2007 Please present evidence that the above stated issue(s) are resolved. I will inform you of the next step in the vacation process at that time. Please call me at (574) 235-9251 with questions. " Sincerely, Linda M. Martin, Clerk c: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering :~• .. ,'.' ~~...~.; .. . W;~~ r -- ~, STREET VA~ATI®N ®IAGR~~1 SURVEY ORDERED BY: KITE REALTY GROUP SURVEY DATED: 8-28-07 PROJECT NO.: 070189.S RE: LEGAL DESCRIPTION FOR THE VACATION OF RIGHT-OF-WAY LOCATED ON THE SOUTHWEST CORNER OF EDDY ST. AND ANGELA BLVD. (AKA EDISON ROAD) PARCEL R/W VACATION "B" A PORTION OF RIGHT-OF-WAY LOCATED ON THE SOUTHWEST CORNER OF EDDY STREET AND ANGELA BLVD. (AKA EDISON ROAD. BEING A PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, CfTY OD SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF EDDY ST. AND ANGELA BLVD. RIGHT-OF-WAY; THENCE N. 00'20'45" W, ALONG THE EAST RIGHT-OF-WAY OF EDDY STREET FOR A DISTANCE OF 10.94 FEET; TO THE SOUTHERLY RIGHT-OF-WAY LINE OF ANGELA ~LVD, THENCE N 65'42'03" E A DISTANCE OF 63.41 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE S. 89'21'11"E A DISTANCE OF 23.71 FEET; THENCE S 65'42'03" W A DISTANCE 0 63.14 FEET TO THE POINT OF BEGINNING. ~~~~~ ~ Ord ~~ ~~bfi~~ ®t°k SEP /?_ 4 2007 f j ~ G BLVD. i] , a • a~ d ~~ _~~_ ~o `~ o rol I I , . "~ ® SC11E 1'~ 100• ANGELA BLVD. (AKA EDISON ROAD) (L-1) I 2 ~ ~l .~. w ~I P.O.B. c7 ... W 20.00' VACATION R/W uNE LINE BEARING DISTANCE Lt N 00'20 45 W 10.94 L2 N 65'42'03' E 37.47 l3 S 89'20 37 E 23.71 L.3 S 65'42 03 W 63.41 RIGHT-OF-WAY TO / BE VACATED ®anck, Harper cSrAaeaciatee, ln~ Land Surveyors Professional Engineers Landscape Architects• Land Planners Office: (574)234-4003 / (800)594-4003 . Fax: (574)234-4119 1643 Commerce Drive • South Band, IN 46628 O oCY~9 anc amer eoaa ee, no. 4 4 ao;.28. 2007 11:33AN1 BRD PUB d'4'ORKS & SAFETY IRITER-OFFICE MEIIAORANDUM BOARD OF PUBLIC VIlOR6(S TO: FROM: No. 9996 P. 1/2 Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development ~~Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettinC~nisource,com or 284-2220 fax) For Informational Purposes Only Linda M. Martin, Clerk` RE: Request for Recommendation -Property Vacation Location: Vacation of the Rlght-of-Wa}Llocated on the $outwest Comer of Eddy Street and Angela Boulevard (aka Edi$on Road) (Preliminary Review) DATE: August 28, 2007 . DUE: Ser~tember 17. 2007 EAX ORE-MAIL TO: 235-9171 / lmartln(a~southb®ndin.Sloy RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED, COMMENTS 8. RECOMMENDATIONS: ~. ~ ¢ ` l ~ ~~ `~'~,°~;'.~ ng ~• mss' l•S~N+G 0.P ~ b~°C. L. 7'o tr ~'! ~L~ s' ii 'i' di t~ ~ :~Qn Q~iL, ~~~~~H 7S ne~ ~ ~~~4~~~ BY:---1~ ~~~ DATE: ~~~ ~/~ rya flan ~®l~l~i~si®~ ®f St. J®~eph C~l~l~lty 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 September 5.2007 The Board of Public Works 13~' Floor, County-City Building South Bend, Indiana 46601 RE: Vacation SouthEAST corner of Edison Road and Eddv Street Dear Board Members: The staff has reviewed this petition. It is the staff's opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.\ (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. The staff recommends the right-of--way be vacated. Sincerel , ~. R bert Nemeth Senior Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ~~ ° Au g. 28. 2007 11:35AN~ ~, ®° ~ '~' ~RD PUB lNORKS & SAFETY INTER-OFFICE MEMORANDUM BOARD OF PUDLIC WORDS No. 9996 P, 1/2 TO: Carl Littrell, Engineering Department John l3yorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathis, Community ~ Economic.Dev®lopment Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Chery( Greene, City Atfomey's Office Jim 6ettin, NIpSCO (jrbettinla~nisource:com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ;~ RE: Request for Recommendation -Property Vacation Location: Vacation of the Rlaht of Way located on the SoutWest Comer of Eddy Street and Angela Boulevard (aka Edison Roadl (Preliminary Review) DATE: August 28, 2007 DUE: S~eQtember 17.2007 FAX ORE-MAIL TO:, 235-917'1 / ImartlnCa7southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. BY: DATE: INTER-OFFICE MEMORAIVDU[Vi BOARD OF PUBLIC WORKS TO: ~,Z~arl Littrell, Engineering Department Sohn Byorni, Area Plan Commission (235-9813 fax) Jeff-Gibney; Ge+~amunitj~&-Eeonv~mre-6evetQ}~met9t Chris Dressel, Community & Economic Development c.~ob Mathia, Community & Economic.Development Robert Sanders, Fire Department hack Dillon, Solid Waste (~'stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettin a(~nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ,~ r~~ RE: Request for Recommendation -Property Vacation Location: Vacation of the Rlght of Way located on the Soutwest Corner of Eddy Street and Angela Boulevard (aka Edison Road) (Preliminary Review) DATE: August 26, 2007 DUE: September 17 2007 FAX OR E-MAIL TO:, 235-9171 / Imartin(a~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED.' COMMENTS & RECOMMENDATIONS; BY: DATE: INTEL-OFF{CE I~iEM®~N®UI~ ~®AR® ®F ~UI~LIC ~®~l~S TO: ~fCarl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community ~ Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department ' Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettin[c~nisource:com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk~~ RE: Request for Recommendation -Property Vacation Location: Vacation of the Rlght of Way located on the Soutwest Corner of Eddv Street and Angela Boulevard (aka Edison Road) (Preliminary Review) DATE: August 28, 2007 DUE: September 17, 2007 FAX OR E-MAIL TO:, 235-9171 / Imartin(a~southbendin.c~ov RETURN RECOMMENDATION.PAGE ONLY. ATTACHMENTS NOT REQUIRED.' COMMENTS & RECOMMENDATIONS: 'Yl. D ' ~ BY• 0.~1~ ~ D,0 DATE: ! ~ .. Ruh 29 07 01:19p SBPD TRRFFIG Aug. ~8. 2007 11:36AMi 'BRD PUB ~JiORKS & SAFETY Pf~~ER-QFFfE@ iIIYEI~~R~C~DIt~ ~®ARD ®~ PUf3LiC 4~u!®R(~S (2191235-9308 P•5 Na. 9496 P. li 2 TO: Carl Llttr®Il, Engineering Department John Syomi, Area Plan Commission (235-9813 fax} Jeff Gibney, Cammunlfy & Ecnnamic Development Chris Dress®i, Community & Economic Qevelopmerlt Bob Mathis, Community ~ l=conamlc.Davefopment Robert Sanders, Fire bepartment Jack billon, Sofid Waste Stephan Goen, Police t?epartment Cheryl Greene, City Attorney's dfifice Jlm I~ttin, NIPSCO (irbettin nisourc~;~q~ or 284-27.24 fax} For Ir-farrnatidnal Purpase~ linty FRAM; Linda M. Marlin, Clerk RE: Request for Recommendation - Property Vacation Location: Vacation of the RIgM-of Wsy Eocated orr thff $ovtwesf Comer of Eddv~ . Street and Angela Boulevard (aka Edison Road) (t'r®liminary R®viBw} DATE: August 28, 2007 8Y: ,~6~ DATE: ~~ pl.iE: September 17, 2007 P~4X ORE-MAIL TO: 235-171 ! lmardnna.southta~neSin.aov RETURN RECE)MMENDATION PAGE ONkY. ATTACHMENTS NOT REQUIRED. ~- Uanch, ~Barner ~ssoceates, Inc. MICHAEL .J. DANCH, L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. December 3, 2007 Honorable Members of the City of South Bend Common Council 4`h Floor County-City Building South Bend, Indiana 46601 Land Surveyors .Professional Engineers Landscape Architects .Land Planners (511 ;Jn. 0",. og RE: Vacation Petition for a portion of the following: 1.) Northwest corner of Napoleon Street and Eddy Street right-of--way 2.) Southeast corner of Eddy Street and Angela Boulevard right-of--ways 3.) Alley located as the first east-west alley north of St. Vincent Street from the east right- of-way line of Burns Street to the west right-of--way line of Duey Street. 4.) Alley located as the first east-west alley north of St. Vincent Street from the east right- of-way line of Georgiana Street to the west right-of--way line of Burns Street. Dear Council Members: Our clients, the University of Notre Dame Du Lac., Northeast Neighborhood Revitalization Organization, Inc., and the South Bend Heritage Foundation are requesting the approval of the Vacation of a portion of the following: 1.) Northwest corner of Napoleon Street and Eddy Street right-of--way 2.) Southeast corner of Eddy Street and Angela Boulevard right-of--ways 3.) alley located as the first east-west alley north of St. Vincent Street from the east right-of- way line of Burns Street to the west right-of--way line of Duey Street. 4.) Alley located as the first east-west alley north of St. Vincent Street from the east right- of-way line of Georgiana Street to the west right-of--way line of Burns Street. The reason for this request is to allow for the construction of the Eddy Street Commons facility. The proposed project will use the proposed vacated right-of--ways. The City and the Petitioners believe that vacating the above mentioned right-of--ways will not have a detrimental effect on the adjacent properties. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. ' cerely ichael J. Dan President Danch, Harper & Associates File # 070189.2 pjh ~1~~~'~ ®~ice ~it~~ ll~ DEC 5 2001 crrr c~.tir,lc, ~a• ~° 1643 Commerce Drive South Bend, IN 46628 office 574/234-4003 ^ 8001594-4003 ^ Fax 5741234-4119 208 West Mars Berrien Springs, MI 49103 office 269/471-3010 ^ Fax 2691471-7237 ORDINANCE N0. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY NORTH OF ST. VINCENT STREET FROM THE EAST RIGHT-OF-WAY LINE OF GEORGIANA STREET, TO THE WEST RIGHT-OF-WAY LINE OF BURNS STREET FOR A DISTANCE OF 248 FEET MORE OR LESS AND A WIDTH OF APPROXIMATELY 12 -FEET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 3.6-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above-described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: THE FIRST EAST-WEST ALLEY NORTH OF ST. VINCENT STREET FROM THE EAST RIGHT-OF-WAY LINE OF GEORGIANA STREET, TO THE WEST RIGHT-OF-WAY LINE OF BURNS STREET FOR A DISTANCE OF 248 FEET MORE OR LESS AND A WIDTH OF APPROXIMATELY 12 FEET. PART SITUATED IN HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend. hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Tax Key Number 18-5101-3556 Tax Key Number 18-5100-3525 Tax Key Number 18-5102-3579 SECTION IV. The purpose of the vacation of the real property is to allow for the construction of the Eddy Street Commons facility. The proposed project will use the proposed vacated right- of ways. 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. l W~ ~ ° LA-~.. Member of the Common Co ncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 at o'clock m. City Clerk Approved and signed by me on the day of 2 at o'clock m. Mayor, City of South Send, Indiana ~`ii~d tit C4~~k's ~~ice DEC - 5 X007 1 s~ P.EADING l ~- l`{`v 6 PUBLIC FfEARWG JOFi+d Vt~D41DE 3 rd READING CITY Cj Ec:N..~ `-D.. B~PtD PdOT APPROVED REFERRED, PASSED. PETITION TO VACATE PUBLIC ALLEY RIGHTS-OF-WAY TO: THE COMMON COUNCIL DATE: September 17, 2007 OF THE CITY OF SOUTH SEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE FIRST EAST-WEST ALLEY NORTH OF ST. VINCENT STREET FROM THE EAST RIGHT-OF-WAY LINE OF GEORGIANA STREET, TO THE WEST RIGHT-OF-WAY LINE OF BURNS STREET FOR A DISTANCE OF 248 FEET± AND A WIDTH OF APPROXIMATELY 12 FEET. PART SITUATED IN HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, ST'. JOSEPH COUNTY, INDIANA. NAME (signed & printed) & ADDRESS Tax Key Number Northeast Neighborhood 18-5100-3525 Revitalization Organization, Inc. 803 Lincoln way West South Bend, Indiana 46615 ~~~ r r/ For Northeast Neighborhood Revitalization Organization, Inc. South Bend Heritage 18-5101-3556 Foundation 803 Lincoln way West South Bend, Indiana 46615 c~d~ „ ~fZ~f-f/2~y ~J l"~e~i~~`J ('rt! ~CL v l~j ~lw~ For South Bend Heritage Found tion University of Notre Dame Du Lac 18-5102-3579 224 Flanner Hall Notre Dame, Indiana 46556 ~Ja J. Lyp out, Vice President Business Operations For: University of Notre Dame Du Lac (2) CONTACT PERSON: Michael J. Danch NAME: Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003 RETURN TO: OFFICE OF THE CITY CLERIC JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235-9221 ti l~u~ ~~ ~;~•~, 1~?i'lid'ti;eROE ~ i~ fit: f.'. ,"~ d~'3 ~~'.~f^n yys 6~s a ~v `m `r~~-.ate ~ ~i ~ it ~:~~ i i [::+ r (^ J _. L~ 'N{7~~1'14 ~~~L ri~~i f..t.r 14Yi,~~~• a~;kD, {~~. ALLEY VACATION DIAGRAM SURVEY ORDERED BY: KITE REALTY GROUP SURVEY DATED: 8-30-07 PROJECT NO.: 070189.6 3 a 0 r; h h 0 0 fV 0 w Ca a U J C/L ST. VINCENT STREET (50'R/~P) ~~ ALLEY TO BE VACATED V A O W Q U _D_ anck, Harter dt Ac~actate~, ins Land Surveyors Professional Engineers Landscape Architects • Land Planners Office: (574)234-4003 / (800)594-4003 Fax: (574)234-4119 1643 Commerce Drive South Bend, IN 46628 THE ALLEY TO BE VACATED IS DESCRIBED AS THE FlRSi EASE-WEST ALLEY NORTH OF ST. VINCENT STREET FROM THE EAST RIGHT-OF-WAY LINE OF BURNS STREET, TO THE WEST RIGHT-OF-WAY LINE OF DUEY STREET FOR A DISTANCE OF 248 FEETt AND A WIDTH OF APPROXIMATELY 12 FEET. PART STfUATED IN HARTTAAN AND MILLER'S ADDRION TO THE CfIY OF SOUTH BEND, ST. JOSEPH COUNTY, INDWJ,4 c nn•nn'nn• w eye nn' • '1 ' a '12' N 9 b 00• E N 9 O 0' E .4~ ;~9 8 G' ~ ~ 110-00' • ~ 118.00' g y;, ~;~ s 11 a.oo' A 119.00' V6 o• ~ $ ., ,, ,o~ S ' 11e.ao~ ~ 11e.oo °~ r g ' ~, ~ ~ N 3 ~ ~, •, df W g 11aoo• ~ ~ 9 $$ 119.00' •y " Z .c? rn g ~ J ~ o' 'k ,, • S tle.ao' tt9.oo' s .~• .5 ~. g ~ ~; X19.00' 11 &00' ,J• ' •~ °' g .9 ~ t ta.ao' te.oo' 1te.oo'R LINE t1e.arR/W LINE -~- 000' SCN.E 1'= 100' 2 4 i i i i r r .~ .-' ~~. ,' `. 18-5102 ~`~ .` -3579 `~~` . ~ 248' N i ~~ 73 108 X109 i 12 `~~ 74 107 Q~ 110 11 ; , ~ `~`;z,5 i 06 ~ 111 ~ 10 ; '~ ~ i-- cn , ~~ 105 112 , " 76 ~ 77 ~ ~ 104 113 w 8 ~ ~ m '~~ 103 114 o ~~ 7 78 ~ ~P LEGAL DESCRIPTION: ~Q THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY NORTH OF ST. VINCENT STREET FROM THE EAST RIGHT-OF-WAY LINE OF BURNS STREET, TO THE WEST RIGHT-OF-WAY LINE OF DUEY STREET FOR A DISTANCE OF 248 FEET +/- AND A WIDTH OF APPROXIMATELY 12 FEET. PART SITUATED IN HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. ~IIY~ ~~ ~6€~F 'a5; ~~f ai'n,:~ ~iEC ~ `.. Cll 5 L~~til'. S, n. `'~~.5~. ~i'i. 13 ~ 14 Q~P ,~ ~ 15 16 17 18 University of Notre Dame Du Lac Northeast Neighborhood John Wigfall 224 Flanner Hall Revitalization 1134 Burns Street Notre Dame, IN. 46556 803 LincolnWay West South Bend, IN. 46617 17-1017-0406 South Bend, IN. 46616 18-5100-3526 ~ ~-~~ nn_~~~~ South Bend Housing Authority 801 S.Scott Street South Bend, IN. 46613 18-5100-3533 South Bend Heritage Foundation 803 LincolnWay W South Bend, IN. 46616 18-5100-3531 University of Notre Dame Du Lac 1130 Burns South Bend, IN. 46617 18-5100-3529 Douglas & Gladys Poindexter 1116 E.Sorin South Bend, IN. 46617 18-5097-3422 Edward & Irene Cour P.O.Box 509 Notre Dame, IN. 46556 18-5105-3689 University of Notre Dame Du Lac Attn: JJ Lyphout 836 Grace Hall Notre Dame, IN. 46556 ~ R-~~ ~:~-a.~4~n:~ Kamilla Kapacinskas=Greg Horning 1126 Frances Street South Bend, IN. 46617 18-5105-3876 Trustees of Indiana University 580 E Kirkwood, Suite 204 Bloomington, IN. 47408 18-5123-439204 DEC 5 2001 ~at~t?, vC~~~~ CITY C1.~i1K, `C~• E~tID~ ~..,~~_-- 1316 COUNTY-CITY BUILDING 227 W. JEPEExsoN BouLE~~ARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LIJECI~., MAYOR BOARD OP i UBLIC CORKS September 25, 2007 Mr. Mike Danch Danch Harner & Associates, Inc. 1653 Commerce Drive South Bend, Indiana 46628 . PHONE 574/ 235-9251 Fnx 574/235-9171 TDD 574/ 235-5567 RE: Right-of--Way Vacation -Southwest Corner of Eddy Street and Angela Boulevard (Preliminary Review) Dear Mr. Danch: On September 24, 2007, the Board of Public Works reviewed your petition~to vacate the above right-of--way. The following comments and recommendations were submitted from the Engineering Division, Area Plan Commission, Community & Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 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. Community & Economic Development recommended favorably for this vacation as long as the turning radius on the corner is not affected. The Board recommended this vacation favorably as long as the turning radius on the corner is not affected. GARY A. C,ILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER Danch Harner Page 2 of 2 September 25, 2007 Please present evidence that the above stated issue(s) are resolved. I will inform you of the next step in the vacation process at that time. Please call me at (574) 235-9251 with questions. " Sincerely, Linda M. Martin, Clerk c: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering 1' ~`r,..i k 4V41 v:.., `1 SURVEY ORDERED BY: KITE REALTY GROUP SURVEY DATED: 8-28-07 PROJECT NO.: 070189.S RE: LEGAL DESCRIPTION FOR THE VACATION OF RIGHT-OF-WAY LOCATED ON THE SOUTHWEST CORNER OF EDDY ST. AND ANGELA BLVD. (AKA EDISON ROAD) PARCEL R/W VACATION "B" A PORTION OF RIGHT-OF-WAY LOCATED ON THE SOUTHWEST CORNER OF EDDY STREET AND ANGELA BLVD. (AKA EDISON ROAD. BEING A PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, CITY OD SOUTH BEND, ST. JOSEPH COUNTY, INDL4NA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF EDDY ST. AND ANGELA BLVD. RIGHT-OF-WAY; THENCE N. 00'20'45° W, ALONG THE EAST RIGHT-OF-WAY OF EDDY STREET FOR A DISTANCE OF 10.94 FEET; TO THE 5OUTHERLY RIGHT-OF-WAY LINE OF ANGELA ~LVD, THENCE N 65'42'03" E A DISTANCE OF 63.41 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE S. 89'21'11"E A DISTANCE OF 23.71 FEET; THENCE S 65'42'03" W A DISTANCE 0 63.14 FEET TO THE POINT OF BEGINNING. ~~V~ I I SEQ 2 4 2007 ~~ A ~~~ fly ~ G BLVD. 4 a~ Q o v _~~- ~o ~o ~~ vl ~ 1 vN ® , +2 m SGtE 1"~ 100• (L-1) I `1 ~ ~l lV ~I P.O.B. M v W 20.00' ANGELA BLVD. (AKA EDI50N ROAD) VACATION R/W LINE LINE BEARING DISTANCE L1 N 00'20 45 W 10.94 L2 N 6542'03' E 37.47 L3 S 89'20 37 E 23.71 L3 S 65'42 03 W 63.41 f RIGHT-OF-WAY TO / BE VACATED ®ancl~„ Harper c4tA~aciates, Ins Land Surveyors -Professional Engineers Landscape Architects• Land Planners Office; (574)234-4003 / (800)594-40D3 . Fax: (574)234-4119 1643 Commerce Orive • South Band, IN 46628 4 4 .4u;. 28. 2007 11:33AM 8RD PUB ~"4'OkKS & SAFt:TY INTER-®FF1CE NAEIV94RANDUM BOAR® OF PUBLIC WOR6(S No. 9996 P. 1/2 TO: Carl Littrell, Engine®ring Department John Byomi, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development rf Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettinC~nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk` RE: Request for Recommendation -Property Vacation Location: Vacation of the RlQht-of-Way located on the $outwest Comer of Eddy Street and Angela Boulevard (aka Edison Road (Preliminary P.eview) DATE: August 28, 2007 DUE: SeQtember 17. 2007 FAX OR E-MAIL TO: 235-91711 Imartln(a~southb®ndin.ggy RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS 8. RECOMMEND~ATIONS: ) ~-~r~~c 0.~ ~`i~,c,I'o`a~l ~~ /t.s ~r rat ~'~•L '~'a.~rs.'.~~ r".~+hs ~4n ?die., 4c~~~sr 95' fze~ ~ ~~~s~~~ BY;___~~ ~~2~/`~-~r~ DATE: ~/ area ~lal~ ~~l~na~i~~i~r~ ~f St. ,~~~eph ~~unt~ 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director ' Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 September 5.2007 The Board of Public Works 13`~ Floor, County-City Building South Bend, Indiana 46601 ' RE: Vacation SouthEAST corner of Edison Road and Eddv Street Dear Board Members: The staff has reviewed this petition. It is the staff s opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.\ (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. The staff recommends the right-of--way be vacated. Sincerel , R Bert Nemeth Senior Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ® Au;, 28, ~' T-~ .~ t~ 2007 11,35AM '3RD PUB ltiORKS & BAFETY No, 9996 P, 1/2 IfVTER-OFFICE MEIV9oRAP1DUM Bo~~~ of ~u~L(c woR~s TO: Carl Littrell, Engineering Department John syorni, Area Pian Commission (Z35-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathias Community & Economic.Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettie, NIPSCO (jrbettinCa nisource:com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ;~ . RE: Request for Recommendation -Property Vacation Location: Vacation of the Rlaht of Way located on the SoutWest Comer of Eddv Street and Angela Boulevard (aka Edison Roadl (Preliminary Review) DATE: August 28, 2007 DUE: ,~eptember 17 2007 FAX ORE-MAIL TO:, 235-9171 / ImartinCa~soul:hbendin.~ov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. gY, DATE: IhlTER-OFFICE MEMOI~AANDUM EOARD OF PUd~LtC 1~IORKS TO: ~arl Littrell, Engineering Department Sohn Byorni, Area Plan Commission (235-9813 fax) Jeff~Gibrjey; ~Gonamu.aitj~-&-Econro~mre-De~to~pmEnt Chris Dressel, Community & Economic Development r.~ob Mathis, Community & Economic Development Robert Sanders, Fire Department hack Dillon, Solid Waste ~rtephen Goen, Police Department ' Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettinCc~nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ,~~ RE: Request for Recommendation -Property Vacation Location: Vacation of the Rlght of Way located on the Soutwest Corner of Eddv Street and Angela Boulevard (aka Edison Road) (Preliminary Review) DATE: August 28, 2007 DUE: September 17. 2007 FAX OR E-MAIL TO:. 235-9171 / Imartin(a~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: BY: DATE: 11~6TER-®FFICE I~IEI~®I~A+[d®Uf~l ~®AR® O~ E~U~LIC ~®RKS TO: /Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Econamic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin~a nisource:com or 284-2220 fax) Purposes Onlyal FROM: Linda M. Martin, Clerk ~~~, RE: Request for Recommendation -Property Vacation Location: Vacation of the Rlght of Way located on the Soutwest Corner of Eder Street and Angela Boulevard (aka Edison Road) (Preliminary Review) DATE: August 28, 2007 DUE: September 17, 2007 FAX OR E-MAIL TO:. 235-9171 l Imartin(p southbendin.gov RETURN RECOMMENDATION.PAGE ONLY. ATTACHMENTS NOT REQUIRED.' COMMENTS & RECOMMENDATIONS: !~A ~ DATE: BY' Ruh 29 07 01:19p SHPD TRRFFIC [219]235-9308 P•5 Aug. 28. 20Q~ 11:36AM BRD PUB V~ORKS & SAFETY ~~0.9996 P• lit tN1~lE~-~Ft'frrE l~tEt~1~564~t~~ltPt~ ~®A~~ ®F P1!®LlC 1~®4~t~S TO: Carl Lltteell, Engineering Department John Byomi, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & 1=conamic Development Chris Dress®I, Community ~ Economic Qevelopment Bob Mathia, Community & Economlc.Dev®lopment Robert Sanders, Fire bepartment Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, Gity Attorney's Office Jlm Bettin, NIPSCO (irbettin(~ninourc,~corn or 2~4-2220 fax) Far Infarmatidgal !'urposea Only FROM; Linda M, Niariin, Clerk RE: Request for Recomrnendatlon -Property Vacatlotl Location: Natation of the Rtcaht-ot=Way iacatect on tkt~SouMtesteomer of Eddy, Street end Angela Boulevard fake: Edison Road) (f'r®timin~ary R®vis~} [SATE: August 28, 2007 ~. .~ BY: TE: r~ /~ / QUE: ,~~Qtember 17, 2007 FA.1C OR E-MAIL. TO:, 235171 ! {martln(cD.souEhbancfin.sl-av RETURN RECOMMENDATION F-AGE ONkY. ATTACHMENTS NOT REQU(Rt=D. 120o COUNT-Y-CITY BUILDING 227 ~ JEFFERSON BOULEVARD SOUTH BEND,INDL4NA 46601-1830 PxoNE574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY BL ECONOMIC DEVELOPMENT ~ JEFFREY V. GIBNEY EXECUTIVE DIRECTOR January 7, 2008 F\V1'////~,^\/ 1`\\ South Bend Common Council 41h Floor, County City Building 227 West Jefferson South Bend, IN 46601 Dear Common Council Members: Enclosed is an Ordinance appropriating $92,386.00, plus the interest earned thereon, which is a grant from the Indiana Finance Authority Site Assessment Grant Initiative. These funds will be used for a Phase II Site Assessment at the former Hannover property located at 731 West Chippewa Avenue. This property is located east of the Studebaker Commerce Center (former AM GenerallLTV facility), west of the railroad tracks and north of the South Well Field. The Phase II Site Assessment will be conducted by Quality Environmental Professionals, Inc. (QEPI). The site assessment may lead to eventual remediation of the site and development in conjunction with adjacent properties. I respectfully request your approval of this Ordinance. Please contact me at 235-9374 or akolata(a,southbendin.~ov with any questions you have concerning this ordinance. Sincerely, /~- Ann E. Kolata Senior Development Specialist ~`ife~ !n C1Erk'~ ~fi~ice JAN - 9 ~~$ JOHN VflGnDc CITY CLEFin, SJ. 6E?r`D, fN. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL HC PROGRAM PAMELA C. MEYEA DONALD E. INKS MANAGEMENT F // 574/235-9660 574/235-9371 EuueErH LEONARD /l//'/~1/(`~ FAx: 5741235-9697 574/235-9371 ~]~- ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $92,386.00 OF INDIANA FINANCE AUTHORITY GRANT FUNDS WITHIN FUND 210 FOR THE PURPOSE OF A PHASE 11 ENVIRONMENTAL ASSESSMENT OF PROPERTY LOCATED AT 731 WEST CHIPPEWA AVENUE IN SOUTH BEND, INDIANA Statement of Purpose and Intent: In November, 2007 an application for a Site Assessment Grantwas submitted to the Indiana Finance Authority for a Phase II Environmental Site Assessment at 731 West Chippewa Avenue, the former Hannover property. The application has been approved by the Indiana Finance Authority in the amount of $92,386.00 and it is now necessary to appropriate such funds for the purpose of environmental investigation. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The sum of $92,386.00 from an Indiana Finance Authority Site Assessment Grant is hereby appropriated and set aside within Fund 210 to be used for a Phase II Environmental Site Assessment at 731 West Chippewa Avenue, the former Hannover property. 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, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the _ day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana ~s} READING PUBLIC NEARING 3 rd READING NOT APPROVED REFERRED PASSED ~ile~ lfl Ct~rk'~ ~~'s~e JAN - 9 2008 JGHN V€~G4DE CITY CLE:I?K, SG. GELD, IN. CovNTY Crrr BUILDING 227 W JEFFERSON BLVD. SoUTx B£Nn> INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PxoN£ 574/ 235-9216 Fnx 574/235-9928 TDD 574/ 235-5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER January 2, 2008 ~1~ ~o~ 0~ 6~' Mr. Timothy Rouse, President South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Dear President Rouse: The attached bill for your consideration and approval will appropriate $5,300,000 from the Major Moves Construction Fund to pay for infrastructure costs relating to the Eddy Street Commons and Triangle Development. Beginning in 2011, the Major Moves Fund will be repaid principal and interest at 5% from tax increment revenue over 15 years. Don Inks and I will present this bill to the Common Council. Please feel free to contact me if you have any questions. Thank you for your favorable consideration of this ordinance. Sincerely, ~l ~ o H. Murphy Assistant/Acting City Controller Attachment r- JAN - 9 ~ JCNTd l'©GRDE C"Y Cl.~~~K, sC. 8El~D, Ill. JAxICE L. HAi T JoFnv MuRrt-~ Rosa.RTALLEN DIRECTOR ASSLSTANT CONTROLLER DIRECTOR HUMAN RESOURCES INFORMATIONTECxNOLOCY , ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH. BEND, INDIANA, APPROPRIATING $5,300,000 FROM THE MAJOR MOVES CONSTRUCTION FUND (FUND NUMBER 412) FOR CERTAIN INFRASTRUCTURE IMPROVEMENTS AT THE EDDY STREET COMMONS AND TRIANGLE DEVELOPMENT STATEMENT OF PURPOSE AND INTENT The City of South Bend Indiana desires to provide funding for certain infrastructure improvements relating to the construction of a mixed use development commonly known as Eddy Street Commons and Triangle Development. On December 10, 2007, the City of South Bend Common Council passed Ordinance No. 9814-07, which approved a lease for certain public improvements between the South Bend Redevelopment Authority and the South Bend Redevelopment Commission. On December 21, 2007, the Department of Local Government Finance issued Order No. 07- 127 approving the lease. As part of the financing package, the City of South Bend is committed to spending $5;300,000 from its Major Moves Construction Fund 412.for project improvements. It is anticipated that the tax increment revenue in the Eddy Street Commons and Triangle Development Area will be sufficient to repay the City the funds expended under this Ordinance, plus interest at 5% per year. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I: The following sum of money is hereby appropriated and ordered set apart within the Major Moves Construction Fund for project costs related to the Eddy Street Commons and Triangle Development. Account Number Description Amount 412 Major Moves Construction Fund $5,300,000 SECTION II: The Eddy Street Commons and Triangle Development Area will repay the Major Moves Construction Fund principal and interest of $291,205 every six months beginning August 15, 2011 and ending February 15, 2026. Additional. principal and interest payments may be made without penalty. SECTION III: This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 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 , 2008, at o'clock _ . m. City. Clerk Approved and signed by me on the day of , 2008, at o'clock . m. Mayor, City of South Bend, Indiana 1st READING ~ "~ ~ ~-O PUBLIC HEARING ~ rd READING NOT APPROVED _ REFERRED PASS~Q ~_ , ..wr--.~ JAN - 9 2G08 JDiii~ ~,~UGisuE ciTV c~~rt~~~c. ~~,~:~, ~~r. City of South Bend Eddy Street Commons Project Major Moves Fund 412 Amortization of Loan to Project to be Repaid from Project TIF Revenue Prepared 12/31/07. Original Capitalized New Principal Interest Princi al Payment Principal 5,300,000 795,000 6,095,000 $291,204.72 Rate 0.05 Term (Yrs) 15 Payment Interest Princi al Balance Beginning Balance 6,095,000 2/15/2011 0 0 0 6,095,000 8/15/2011 291,205 152,375 138,830 5,956,170 2/15/2012 291,205 148,904 142,300 5,813,870 8/15/2012 291,205 145,347 145,858 5,668,012 2/15/2013 291,205 141,700 149,504 5,518,507 8/15/2013 291,205 137,963 153,242 5,365,265 2/15/2014 291,205 134,132 157,073 5,208,192 8/15/2014 291,205 130,205 161,000 5,047,192 2/15/2015 291,205 126,180 165,025 4,882,167 8/15/2015 291,205 122,054 169,151 4,713,017 2/1512016 291,205 117,825 173,379 4,539,638 8/15/2016 291,205 113,491 177,714 4,361,924 2/15/2017 291,205 109,048 182,157 4,179,767 8/15/2017 291,205 104,494 186,711 3,993,057 2/15/2018 291,205 99,826 191,378 3,801,678 8/15/2018 291,205 95,042 196,163 3,605,516 2/15/2019 291,205 90,138 201,067 3,404,449 8/15/2019 291,205 85,111 206,094 3,198,355 2/15/2020 ~ 291,205 79,959 211,246 2,987,109 8/15/2020 291,205 74,678 216,527 2,770,582 2/15/2021 291,205 69,265 221,940 2,548,642 8/15/2021 291,205 63,716 227,489 2,321,154 2/15/2022 291,205 58,029 233,176 2,087,978 8/15/2022 291,205 52,199 239,005 1,848,973 2/15/2023 291,205 46,224 244,980 1,603,992 8/15/2023 291,205 40,100 251,105 1,352,887 2/15/2024 291,205 33,822 257,383 1,095,505 8/15/2024 291,205 27,388 263,817 831,688 2/15/2025 291,205 20,792 270,413 561,275 8/15/2025 291,205 14,032 277,173 284,102 2/15/2026 291,205 7,103 284,102 (0) Totals 8,736,142 2,641,142 6,095,000 ~ ~ a o o eu ~ ~ ~m ~ rn ~ ~ ~ I ZY ~~ ~ Z OU ~ cs i [% 1200 COUNTY-I.ITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PxoNE574/235-9371 FAx 574/235-9021 TDD 574! 235-5567 CITY OF SOUTH BEND STEPHEN J. LuECI¢, MAYOR COMMUNITY SL ECONOMIC DEVELOPMENT p ~EFFREY V. GIBNEY January 7, 2000 EXECUTIVE DIRECTOR South Bend Common Council Fourth Floor Council Chambers 400 County-City Building South Bend, IN 46601 Dear Council Member: The attached bill for your consideration and approval will appropriate $100,000 of Urban Development Action Grant reimbursement funds for Predevelopment costs for pending development projects within the City. As we have discussed previously, predevelopment costs include items such as: market studies, appraisals, preliminary site plans, surveys, title work, environmental studies, etc. which are necessary to determine the feasibility of a project and determine whether it can/should proceed. In addition, this year we have a need to use predevelopment funds to acquire right of way for two road projects, including Douglas Road and the Napoleon Street extension. Total right of way acquisition costs are expected to be in the $40,000 to $50,000 range. Jeff Gibney or I will make presentation to the Council at your January 28 meeting. If you have any questions, please call me at 235-9330. Sincerely, 'zab h Leonard Director Financial & Program Management cc: Jeff Gibney Don Inks Pam Meyer John March COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C. MEYER DONALD E. INKS 574/235-9660 574/235-9371 FAX: 574/235-9697 ~il?~ do Cferk'~ Gffic~ JAN - 92008 JOEiPa VOQRDE CITYCLE~K, SQ. EE~D, IN. FINANCIAL & PROGRAM ~~IANAGEMEN-I' O ELIZABETH LEONARD 574/235-9371 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $100,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING PREDEVELOPMENT COSTS FOR POTENTIAL DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND Statement of Purpose and Intent: In order to assure the efficient and timely utilization of Urban Development Action Grant Reimbursement Funds and to further the implementation of the redevelopment plans within the City, certain appropriations are necessary. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South. Bend, Indiana, as follows: SECTION I. The sum of $100,000 is hereby appropriated within Urban Development Action Grant (UDAG) Fund 410 to pay predevelopment costs for existent and potential development projects within the City of South Bend in calendar year 2008. 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 th~Common Council Attest: City Clerk City Clerk day of Approved and signed by me on the day of o'clock .m. 1 st READING PU6LiC FiEARENG 3 rd READING NOT APPROVED REFERRED ,- PASSED .,. Presented by me to the Mayor of the City of South Bend, Indiana on the 20 , at o'clock .m. Mayor, City of South Bend, Indiana Fi~~d Ire ~[~rk'~ ~°al~~~~ JAN - 9 2008 of..: ~ . fiu~ ss~ 20 , at ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IMMEDIATELY WEST OF 3515 MCKINLEY AVENUE, COUNCILM'ANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The property is currently zoned "CB" Community Business District and is proposed to be rezoned to "MF2" High Density Multi-Family District to be developed as an apartment complex. 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 the southeast quarter of Section 5, Township 37 North, Range 3 East, City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows: Lot 3 of McKinley-Hickory minor subdivision as recorded under instrument number 0734550 in the office of recorder of said county. Subject to easement, covenants, restriction, and right-of-way of record. be and the same is hereby established as "MF2" High Density Multi-Family District. SECTION ll. This ordinance sha11 be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council' Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of 2 , at o'clock . m. Mayor, City of South Bend, Indiana q'~~ 'tAdtRG l" L ~`~ g PUBLIC NEARING 3 rd READING '.OT APPROVED :~ERRER ;~ PASSED . _.:"~;,~~. Filed In ~lerk'~ Offic® JAN - 9 ZOOS JOHN Se~ BE D IN. CITY CLE>iK, Date Filed Date received by the Area Plan Commission Application No. 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: Vacant land immediately west of 3515 McKinley Avenue; South Bend, IN 46615. 2} Name and address of property owner(s) of the petition site: BRC South Bend, L.L.C. 340 East Paces Ferry Road Atlanta, GA 30305 C(o78j 298' I~9lo Phone Number 3} Name and address of contingent purchaser(s), if applicable: Real Estate Advisors, LLC 812 W. Edison Road Mishawaka, IN 46545 (574)255-1976 4) It is desired and requested that this property be rezoned from "CB" Community Business District to "1VIF2" High Density Multi-Family District 5) This rezoning is requested to allow the following use(s): Apartment Complex 6} Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of p~upose and intent; (d} a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet ofthe petition property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (fl a.location map, if available, drawn to scale, which includes street names, printed in 8'/z" x 11" format. -,_~ Fritz R McPhail, Manager BRC South Bend, LLC PETITION PREPARED BY: Derek J. Spier, A.I.C.P. 750 Lincoln Way East South Bend, IN 46601 dspier@abonmarche.com CONTACT PERSON: (If different) Same as preparer. F~~~~ (~ ~t~r~'~ ~~~~~~ JAN - 9 2008 J~~fd ~'tTJRGE CITY CLERK, S0. ~Ehd, ttt - LEGAL DESCRIPTION: A PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 3 OF MCKINLEY-HICKORY MINOR SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 0734550 IN THE OFFICE OF RECORDER OF SAID COUNTY. SUBJECT TO EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT-OF-WAY OF RECORD. ~d~~~ ~~8 ~~;~~~'~ ~~~~~~ JAN - 9 2Q0~ J~7Pift ~;'+`3~E7E CITY CtE"K, SC, C~w~, fFt STATEMENT OF PURPOSE AND INTENT The property is currently zoned "CB" Community Business District and is proposed to be rezoned to "MF2" High Density Multi-Family District to be developed as an apartment complex. ~IE~~ ~P~ ~~:~~~5'Ps il;~ JAN - 9 208 ~c~=~~ ~resc;~ CITY CLti~h:, ~~f?, i3~r.!~~ t6~' TAX-KEY LIST / MS-0015-190 ALEJANDROR AGUILA GARY 8< LUANN ALLISION GLORIA ALVAREZ 704 MANCHESTER DRIVE 610 PRESTON 528 PRESTON DRIVE SOUTH BEND, fN 46615 SOUTH BEND, IN 46615 SOUTH BEND, IN 46615 18-5174-6637 18-5172-b5b0.01 18-5172-6556 LUCILLE L. AULT ADNAN BASIC KATHERINE R. BATH 604 PRESTON DRIVE 3410 SORIN STREET 3232 SORIN STREET SOUTH BEND, IN 46615 SOUTH BEND, IN 46615 SOUTH BEND, fN 46615 18-5172-6559 18-5184-6930 18-5174-6634 WILLIAM J. BLAUVELT ROGER W. BOCK, TRUSTEE BLUE RIDGE CAPITAL, LLC 17631 COBBLESTONE 3505 WINDING WOOD DRIVE 340 EAST PACES FERRY ROAD SOUTH BEND, IN 46635 SOUTH BEND, IN 46615 ATLANTA, GA 30305 18-5171-6520 18-5143-5237 18-5201-7736 DONALD 8~ REBECCA BRENNAN RANDALL J. BRIGHT MABIOR D. MAKUI 3405 WINDING WOOD DRIVE 3227 SORIN STREET 3413 EAST SORIN STREET SOUTH BEND, IN 4bb 15 SOUTH BEND, IN 4bb 15 SOUTH BEND, IN 4bb 15 18-5160-6266 18-5174-6636 18-5184-6969 MARY ANN BAHU CHERI BROWN GARY R. 8~ TASHA L BROWNING 341 b EAST SORIN STREET b 15 PRESTON DRIVE 711 WHffEHALL DRIVE SOUTH BEND, IN 4bb 15 SOUTH BEND, IN 4bb 17 SOUTH BEND, IN 4bb 15 18-5184-6931 18-5172-6561 18-5184-6971 ANNABELLE BUCKLEY DENIS M. 8< NANCY J. BURNS SHERI LYNN BYRD 3428 SORIN STREET 324 PRESTON DRIVE 3224 ESSEX DRIVE SOUTH BEND, IN 4bb 15 SOUTH BEND, IN 4bb IS SOUTH BEND, IN 46615 18-5184-6933 18-5171-6506 18-5171-6547 AZEMIR 8, ELVEDINA CAUSEVIC BRIAN CEDEGREN 522 PRESTON DRIVE 3504 SORIN STREET SOUTH BEND, IN 46615 SOUTH BEND, IN 4bb 15 18-5172-6555 18-5184-6934 TY KY CHAD 3< NEN THI IRAN CITY OF SOUTH BEND LOTS M. COKER 3513 SORIN STREET COUNTY-C1TY BLDG. 351b SORIN STREET SOUTH BEND, IN 4bb IS 227 WEST JEFFERSON BLVD. SOUTH BEND, IN 4bb 15 SOUTH BEND, IN 46601 18-5184-6936 18-5184-6943 18-5184-6926 LAURA A. COOK MARY T. DEGENEFFEE ANDREA DEGRAFF 545 CHAMBERLIN DRIVE 27208 EDGEWATER DRIVE 3219 EASTMCKINLEY SOUTH BEND, IN 4bb IS EDWARDSBURG, MI 49112 SOUTH BEND, IN 4bb 15 18-5172-6564 18-5172-6549 18-5171-6521 ISABEL P. DEVERS, TRUSTEE IVO 8, MARA DOBRIC THOMAS 8, SANDRA DOYLE 34722 COUNTY ROAD 390 609 PRESTON DRIVE 3134 ESSEX DRIVE GOBLES, MI 49055 SOUTH BEND, IN 46615 SOUTH BEND, IN 4bb 15 18-5160-6265 18-5172-6562 18-5171-6543 TAX-KEY LIST / M8-0015-190 JULIA R. EGAN ELKS SOUTH BEND LODGE 235 ALAN 8< SANDRA FISHER 510 PRESTON DRIVE 3535 EAST MCKINLEY AVENUE 706 WHITEHALL DRIVE SOUTH BEND, IN 46615 SOUTH BEND, IN 46615 SOUTH BEND, IN 46615 18-5201-7741; 18-5064-2248.10 18-5172-6553 18-5201-7742; 18-5064-2248.09 18-5184-6968 MAURO G. FONACIER ROBERT 8, SHIRLEY FORSBERG, SR. ERIC 8~ SHARON FORTIER 711 PATTERSON DRIVE ~ 704 PATTERSON DRIVE 317 PRESTON DRIVE SOUTH BEND, IN 46615 SOUTH BEND, IN 46615 SOUTH BEND, IN 46615 18-5184-7013 18-5184-7011 18-5171-6519 PEGGY & BEATRICE FOSTER MARGARET FREEMAN TERRY W. FROST, JR. & JESSICA A. PADGETT 3425 SORIN STREET 3216 ESSEX DRIVE 626 MANCHESTER DRIVE SOUTH BEND, IN 46615 SOUTH BEND, IN 46615 SOUTH BEND, fN 46615 18-5184-6970 18-5171-6546 18-5172-6579 M WANGI GACHANJA EUGENE 8~ HEDYLOU GASSMAN PETER GILLIS, III 618 PRESTON DRIVE 532 CHAMBERLIN 318 NORTH LAFAYETTE BLVD. SOUTH BEND, IN 46615 SOUTH BEND, iN 46615 SOUTH BEND, IN 46601 18-5172-6560 18-5172-6570 18-5171-6514 EDWIN 8~ REAH GONTER, JR. SARA ANNE GRAY MARJORIE HABERMANN TRUST 534 PRESTON DRIVE 3243 ESSEX DR1VE 3210 ESSEX DRIVE SOUTH BEND, IN 46615 SOUTH BEND, IN 46615 SOUTH BEND, IN 46615 18-5172-6557 18-5173-6581 18-5171-6545 CLEO HAYNES BEFIY J. HERTEL SANDRA L. HIATT LIFE ESTATE 3504 WINDINGWOOD DRIVE 3422 SORIN STREET 403 PRESTON DRIVE SOUTH BEND, IN 46615 SOUTH BEND, IN 4661 S SOUTH BEND, IN 46615 18-5143-5260 18-5184-6932 18-5171-6515 TERRY 8~ GARY HOGMAN and JAMES R. HUDSON JEWISH COMMUNITY COUNCIL SHERRY WISE 3204 ESSEX DRIVE 3202 SHALOM WAY 3404 SORIN STREET SOUTH BEND, IN 46615 SOUTH BEND, IN 46615 SOUTH BEND, IN 46615 18-5171-6544 18-5064-2250.05 18-5184-6929 BRENDEN & L1NDY JURGENSON SARA 8. KARSTEN ROBERT J. KREGE 329 PRESTON DRIVE 422 PRESTON DRIVE 3209 MCKINLEY SOUTH BEND, 1N 46615 SOUTH BEND, IN 46615 SOUTH BEND, IN 46615 18-5171-6517 18-5171-6512 18-5171-6522 THOMAS 8~ HATSUKO KUBIAK ANTHONY KURNYAK CINDY K. LANE 603 PRESTON DRIVE 3236 ESSEX DRIVE 540 PRESTON DRIVE SOUTH BEND, 1N 46615 SOUTH BEND, IN 46615 SOUTH BEND, IN 46615 18-5172-6563 18-5171-6548 18-5172-6558 JUAN DIEGO MACIEL LOPEZ KATHLEEN F. LOWERY DONALD 8~ MARY MARKIEWICZ 504 PRESTON DRIVE .404 PRESTON DRIVE 516 PRESTON DRIVE SOUTH BEND, fN 46615 SOUTH BEND, IN 46615 SOUTH BEND, IN 46615 18-5172-6552 18-5171-6509 .18-5172-6554 TAX-KEY LIST / M8-0015-190 JOYCE A. MARSHALL 3311 SORIN STREET SOUTH BEND, IN 46615 18-5184-7012 BALOIS FRANCO MENDEZ 710 MANCHESTER DRIVE SOUTH BEND, IN 46615 18-5174-6638 RICHARD H. MILLER 3231 MCKINLEY AVENUE SOUTH BEND, IN 46615 18-5171-6503 SHARON MILLER ASSESTTRUST 336 PRESTON DRIVE ' SOUTH BEND, IN 46615 18-5171-6508 AMBER D. NELSON 312 PRESTON DR1VE SOUTH BEND, IN 46615 18-5171-6504 CHARLES 8, KATHERINE PAWELL, JR. 544 CHAMBERUN SOUTH BEND, IN 4bb 15 18-5172-6565 MICHAEL F. POEITGEN 3510 EAST SORIN SOUTH BEND, IN 46615 18-5184-6935 DAWN M. REYNOLDS 507 PRESTON DRIVE SOUTH BEND, IN 4bb 15 18-5172-6567 WALTER 8~ GERALDINE ROSS 513 PRESTON DRIVE SOUTH BEND, IN 4bb 15 18-5172-6566 LORETTA C. SHERARD 434 PRESTON DRIVE SOUTH BEND, IN 46615 18-5172-6550 DAVID 8~ BRENDA STROUP 3520 WINDINGWOOD DRIVE SOUTH BEND, IN 4bb 15 18-5143-5258 MJB REAL ESTATE, LLC 3533 MCKINLEY AVENUE SOUTH BEND, IN 4bb 15 18-5064-2248 DOROTHY PALMER 3511 WINDINGWOOD DRIVE SOUTH BEND, fN 4bb 15 18-5143-5238 PEJUS, INC. 1515 MAGNAVOX WAY FORT WAYNE, 1N 46804 18-5160-6282 DEBBIE PORTER 1211 WEST 6TH STREET MISHAWAKA, IN 46544 18-5171-6510 LLOYD E. ROBINSON, JR. 714 WHffEHALL DRIVE SOUTH BEND, IN 46615 18-5184-6967 DAVID & BRENDA SCHOEN 323 PRESTON DR1VE SOUTH BEND, IN 4bb 15 18-5171-6518 QUINCANON 8, DAWN SILVA 416 PRESTON DRIVE SOUTH BEND, IN 4bb 15 18-5171-6511 GREGORY 8< JULIE SUTH 3525 WINDINGWOOD DRIVE SOUTH BEND, IN 46615 18-5143-5240; 18-5143-5239 JOHN & LOUISE MUSZER 3519 SORIN STREET SOUTH BEND, IN 46615 18-5184-6944 WILLIAM J. PANGALLO 3249 ESSEX DRIVE SOUTH BEND, IN 4bb 15 18-5172-6569 CARL 8< PEARLS PHILLIPS 3512 WINDING WOOD DRIVE SOUTH BEND, IN 46615 18-5143-5259 REMZO 8, SEVALA PUCAR 3622 SORIN STREET SOUTH BEND, IN 46615 18-5171-6513 PHYLLIS JEAN ROBISON 3237 EASTSORIN SOUTH BEND, fN 46615 18-5174-6635 MARIAN LEE SCHUMACHER 3415 WINDING WOOD DRIVE SOUTH BEND, IN 4bb 15 18-5160-6267 ANTHONY 8~ EVANGEUNE SIOMOS 335 PRESTON DRIVE SOUTH BEND, IN 46615 18-5171-6516 GEORGE 8~ ESTHER TURNOCK 3521 EAST MCKINLEY SOUTH BEND, IN 46615 18-5064-2248.06 DUSTIN 8~ LISA VANBRUAENE ISMAEL VILLA THANH C. VO 8, 629 PRESTON DRIVE 330 PRESTON DRIVE MY-NGON IRAN SOUTH BEND, 1N 46615 SOUTH BEND, IN 46615 440 PRESTON DRIVE SOUTH BEND, IN 4bb 15 18-5172-6580 18-5171-6507 18-5172-6551 TAX-KEY LIST / M$-0015-190 GARRETT ~ MAUREEN WALORSKI 303 SYLVAN GLEN SOUTH BEND, IN 46615 18-5160-6280 JIN DIAN WANG 8, JIN Ll ZHANG 1204 ROSE MARIE COURT GOSHEN, IN 46526 18-5172-6571 BEVERLY JO WHITE 318 PRESTON DRIVE SOUTH BEND, IN 46615 18-5171-6505 LINDA WILLIAMS TODD & TAMMY WILLIAMS MICHAEL 8, ANNA ZIOLKOWSKI 311 SYLVAN GLEN DRIVE 710 PATfERSON 441 PRESTON DRIVE SOUTH BEND, IN 46615 SOUTH BEND, IN 46615 SOUTH BEND, IN 46615 18-5160-6281 18-5184-701 18-5172-6568 ~~E~~ ~~ ~~~~~~'~ ~wfi~~~ 0 A N - 9 2008 J~ri~ t£3C}`r<<~ 5 ~ ~ n5 -OC9T = e745~ Q x/45-007! se /52-0048'0 cT4c ` /94-cc7o 153-ccf9. cT47$ ~'w/93•ccc4 74p B) a -~~~„ . cCe .. -~ CCU 4 C, 3 sC ` 6`c v~ Q~ a °J' iC3 a ~ f c~ 0 a.~ Oc Yf J ~~ ° u= m m ma° r'ly ~ ,e u .141-0044 391.7019 =377.7005 n ~ 3S/ °~f ' • u M cp.°9 ~ O 19-6189 378.7 c = - ^rY s 5 ~ ~ ,le u° s Ve3 =~~ ~ ~~ ~epca! ~ 18-5184 ~ X140-e04a ~ ~ 3 84-7017: h BR/(~•N 3 w S- / .' 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Wa00 tv,av - ~ s 7eN / E-°1sr N A h , . ~ "/ Cf r ; ~V,y? w «« /e9.re 'F =n 4 q X143 ~~'?i~OR,a~ f «~y ~ - -0347.0/ .ti ~,.''' /ate I ~; ~ 4 4 m' ,0 .0 Y~ .+ • 4a r ~ e e' z ~ Py ~ a .p 4 ~ ~ h ~ a a ti < S 1..~ I ~ I ~ § . 76-6179 '9 j ° ° R ~ ~ n ° ~ O n '8-514 A ti O F ~ q y /L ~ ±s• `f. e(a h~ ~ 5~ ~ ~ P - 1 ' , 4 I 75 cal = m m •~ ssf CV „ r h -z. ~ ° 40 sv ~ 4~ s Dy`o f • I t ~ ~0~ I 8-5160 4e 'V D 73-0770 c ; B N3 /9 ///-634/ 101-633/ 1.5155 a 330°° S2 ^ L33a4G q n 74 w s +uir J T I ~ r A-ca74 84-6374 = //0-0340 ~ IGQ-8332 s lE! R E 99-0329 nE+4 ~ ~ n° I . p . ~' 1 ' 79-0275 ss/ ++.T B$'03Ib ` ~ 0337 =/09 /03 -6733 Z 1« C CO-5154 t /¢-sa47o 8 y (09-0171 ~ IB- 162 = = 9B-6378 ~L / ~ " k, ]0 JG1173 ° s. qae R ~i Q OB-03ad lOQ•0334R O W 9 19-5153 $ _ /$ A -5149 - (07-0170 ~ 86-03/O R/ ~ 7_0377 k i ~ h Y GB-6a7/ s. (05 18-516 R ~ ~ n m 5 v m ,,, +n m 40 310 Y - 18'5152 =/6-5299' • I 4 i 66-0209 -010d eero B7-can . 40 " \ ~ o ~ € o ~ a ~ L 0 ~ 9G ~ ''• w I I ~ - r ,COLFAX s fiOQ 8 -510%C/ Ous e < ~ ~a/d q ,R { gCHE e. -VY CH ~ x F{ AS£$ p $ g5- 6~ 17-525/ `'17-5150` I • ~ y: I h. u AYE. /can ~ ey4i I ~O V` 60 '~ a° F X 4r$ (~ r iZ' q +f ~ ~ 0 15 ~' NH ~ a 9 ~ 98-5174 ` '99-5775` I ~ ~ -5146 ~ 0 h irp ~ .63'S7c/ ~ ~ ~~• ~ " m ? v ~r °' ~ ~ ° u I ~ ~r rsen Z Q N :~ a h 8' 0` ~ o~ A ~^ •, gm , ir n ? 30-6773 T • ~ IV 83/-sa70 ` . I ~ e. ? .., :6/-5102 .h w , a.E,O _ * eo f ~ ,,,, m °ti^ ~ 6 ~_ ~~, -. I]3 ~,~ I I IL `'' i ~' - 1 I I :9e i iS~Le I ;i• - ------'1 /' I 3fip I .t~ i_.'~ I I .._ . R v >ol 'o I 1 GENERAL DATA: PARKING: 1. TOTAL APEA: >04H] SQ fi. (le.oe: ACRES) RE0.11PEUENT Fdl UULTFANRY OWEU)NGS 1 E%ISTNC UND USE: VACANT 1 PARKING SPACE PEII OWElUNO UMT. 1] PROPOSED lANO USE: NULTFANe.Y OWfl11NG3 1 NRRENT ZONING 4ASSIFlCATOH: 'CB' CwNUMtt w9NCS3 g3TRCT AIMINEMT BULdNGS, UN Mix IS OWEILNO UINR 1] . 1e .Sae OWELLJNO UHII$ ape PARMNO SPACE] PRpPOSEO ZwIN6 6ASSInCATON: 'Nfl' WGH-OFIISitt MULTIfAN;T gS1PILT 1. TIE 9TE MLL BE SEANCEO BY YVHICWAL SEMI ANO WAIOI. REONREUENT FOR 0.UBHwsE DWEllMO: 1 SITE/BUILdNG DRAINAGE MLL BE MANAGED UTLTLND AN ON-SHE OFTILE APG - eeT 56 R. SSENBLY AREA, ~ OeA 30. R. PEIFNTON BASINS ~ EN APG~ 31) 5a R. 9. HL lANO3LAPM0 ANp SLREENINO !HALL BE IN ACCg10ANCE MTI SELTM 1-OJ.01 OF Cltt a SNTI BEND TONING OgoINANCE UNlE53 iHC PPOPCII ]M,! PARMNO SPACES PER 1,000 S0. fT. OF OFFlCF rt aF A 1 PAPxINO SPACE PEA ZS 50 VARIANCES ME GpANIE- BY TIE BOAPO di ZOMNO APPEALS. . ~ U , OIY .wEA, NO PARWNO gENIgEO fOR OPEN AF ). TIE APARTLIENT BUMING4 MLL BE TWO STdgE3 IN HnGHT ANO TIE EA. ee>/1 000 - 0.e! . 1! ~ ] SPACE! 0.UGHwSE MLL BE ONE STORY IN HEIGHT, TIE NAXINWI PEAUIITEp eVI1DM0 GHT Fqi .THE APMINENT wRO1NG5 I! AO fEET AND T1E YAKOIUN 1,OeA/3! ~ K] SP ~ ry PFAMITIfII DUItDINp HEIpT FOP TIE CWBxWY IS Z] FEET. TOTAL REWIPEO ~ 1!{ !PALE! '6 1HE PPOPOXD BUIIDINO LOCATONS, 51]ES DRRC! AND PARKMO AREAS ARE - APPROKp1AlE AND suaSCT TO CHANGE PPIOP TO iWAL 9TE PIAH APPPOVAL TOTAI PRONGED ~ ]]e SPACFS 0. ALL BEARINpS AND OIYEN9IX1! ARE PER TIE RCCMOEO AlBgN9d1 RAT. L PAPKIMp !PACES !MALI eE IAVEp AXp CAM PMNINC SPACE SHALL BE A WNINUN pP 30 fEEi LOIIO BY 3 FEET MOE TABULATED DATA: - FLOOR AREA OF CLUBHOUSE BY USE: an¢ - eeT Sn rt ~f~i6~0 ! ~ . AssEUeLr - I aeK Sn Fr {` r +~L~ `A 3^ LAND USE RATIO SUMMARY: . . HALLWAY/STK1A42/OPEN ~ 311 30. R. ~~ ~E Re.Jr S a"nom TOTK ~ 11ee 5-~ /n C~`y~C E iA PEPCENTAGE AREA OF NULMAWLY DWEWNGSJ0.UPHWSE I:txe3 ns LEGAL DESCRIPTION 9 Z~~a APEA OF ASPHALT PAVELIENT 1]],313 IS% : A PART a ME SNTICAST NARTG K SELTtlI !, TONNSMP ]) Ndilx, MNGE ] ~ JAN APEA a CwLRETE 35,3)3 Kx EAST, dtt DF SWTI BENq IwTA [ TOWNSHIP, ST. JOSEPH wUNtt. WOIANA, ANO BEING NODE PARTCULAPLY OCSCRIUED N F0.10WA • AREA 6 DEVELOPED RECPEATwAL OPCH SPACE SS,SOp „ Lor ] aF uanNltr - wwaRr WNw we01NSON As RECOxom uxoEn IxsmuuEnr ;T :00 `~7F yp,RZ 6 1 APEA OF OPEN SPA(1 ]SO36] sex NUNBEP O)OAeSO W TIE Ofn4 O PCLONOFA OF 6N0 CNNtt. JO n,A gp. AL 0 SUBJECT TO UXNEHTI CAg1ANT; PCSiPoCTON; ANO M411T-OF-WAY 6 RECORp. G)~ C ; DEVELOPED SITE JOO.N) 10 DENATT 30e ONIIIING UNITS/Ie.Oe AfAf9 ~ 113 p.U./ACHE ESTMAlEO POWUTOH: 30e D.V. x 11! PEPSONS/D.U! . b3 PEASPi3 •OATA PER 3000 LENSES FOR PENTEA OCNPIEp NwSIN4 e >o: '~ ~ I --~ u` ~ w 1 t I I I wI I I I w3 I I I ~ '°° I I I j I JoT j I _y :, f f.: I I _ M; u ~.I 9w~ !: ultt lYLVI M i - i I i ~.~ I _, : G~ LINE TABLE UNF REMINp L1 W Lz u LL Z " souTx SEIq HAN]AlE PWOUSER WIDR OLLc YISNAWANA N xeNS OEAELOPFA: AL 0EWIWNENT, LLC A C t WAY EASTLL 3e'aw.R'Rila xwµi'ifiuTa ''~ Saul Neum MOIANA Isfial GRAPHIC SCALE ~~ I WV SaY) M1 LOT 3 OF McKINLEY -HICKORY MINOR SUBDIVISION WITHIN SEC. 5, T37N, R3E, GTY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, IN6fANA ®® ABONMARCHE CONSULTANTS, L.L.C. 4°~'ul:l ~yMe~l ww uxµ.~ PRELIMINARY SITE PLAN PROPOSED MULTIFAMILY APARTMENT COMPLEX. VACANT LAND WEST OF C1.0 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 1939 CHARLES STREET, SOUTH BEND, INDIANA 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 pursuant to I.C. 36- 7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1939 Charles Street, South Bend, Indiana 46637 in order to permit Off-site parking in a "SF-1" 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 IH. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). 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. Member of the Common Council PRESENTED l ... L~ ~ ~ I~QT. APPROVED Filed erl6'~ ~filice NOV 2 7 ~~ `~~1 ~Nillr ~~U JiZIJL CCfY CLEt~~+ £,~. ~~` ADOPTED BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND PETITION APPLICANT ~ S NAME: FTC Properties LLC ADDRESS: 1820 South Bend Avenue, South Bend, Indiana 46637 PHONE : (574)855-5550 ADDRESS OF PROPERTY: 1939 Charles Street, South Bend, Indiana 46637 PRESENT ZONING OF PROPERTY: "SF-1" District OWNER ~ S NAME : Bryan Wynen PHONE : (574)855-5550 ADDRESS : 1820 South Bend Avenue, South Bend, Indiana 46637 COUNSEL OR CONSULTANT: SiteScapes, Inc. PHONE: (574) 255-4677 ADDRESS : 1816 North Main Street, Mishawaka, Indiana 46545 NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: Requesting a special exception for the construction of an off-site parking lot in a "SF-1" District, located at 1939 Charles Street to expand the employee parking area of Wissco Irrigation Co., Inc. The properties adjoining to the east and west are jointly owned by common parties. It is the intent of the petitioner to develop a paved, landscape and screened parking lot to allow for the hiring of additional employees. I attest under the pen ties for perjury, that the foregoing representations are true. Signa ure o Pro erty Owner(s) SiteScapes, Inc. 1816 North Main Street a Mishawaka, Indiana 46545 Landscape Architecture and Planning Telephone (574) 255-4677 a FAX (574) 255-4016 November 28, 2007 Board of Zoning Appeals City of South Bend 125 South Lafayette Street, Suite 100 South Bend, Indiana 46601 Re: Petitioner: FTC Properties, LLC Application for. Special Exception at 1939 Charles Street South Bend, Indiana Members of the Board of Zoning Appeals, The Petitioner, FTC Properties, LLC seeks this Special Exception for the Board of Zoning Appeals of the City of South Bend to allow the use of the petitioner's property identified above to expand the employee parking area of the adjoining Wissco Irrigation Co., Inc. operation at 1820 South Bend Avenue, South Bend, Indiana. The properties adjoining to the east and west are jointly owned by common parties. It is the intent of the Petitioner to develop a paved, landscaped, fenced and screened parking area on Lot 20 of Pensinger's Subdivision to accomplish the expansion of the operations and to allow for the hiring of additional employees and their parking. Pursuant to this Application, the following standards for variances as set forth at I.C. 36-7-4-918.5 are addressed as follows: 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community because of the intended use of the property for the expansion of employee parking for the preserit Wissco Irrigation Co., Inc. operation at 1820 South Bend Avenue. 2. The use and value of the area adjacent to the properly included in the variance will not be affected in a substantially adverse manner because the improvements contemplated here will be paved, landscaped and fenced as necessary to ensure no deleterious effect on adjoining or surrounding parcels. 3. The need for the Special Exception for which the Petitioner applies arises from the peculiar condition of the property requiring its use to allow for the expansion of available employee parking for the property adjoining at the west and the fact that the property adjoining to the east is owned by a commoner owner. 4. The strict application of the terms of the Zoning Ordinance will result in unnecessary hardship on the common owner of the adjoining parcel arising from practical difficulties in the use of its adjoining property because additional parking is essential to the ongoing and expanding operations of Wissco Irrigation Co., Inc. and the parcel comprised of the subject allows expansion of staff and employees to accommodate growth in the company. 5: The approval of the Petitioner's request will not interfere substantially with the comprehensive plan adopted under the 500 series of this chapter. We appreciate your kind consideration for this request: . Sincerely, Patrick S. rown, ASLA President Pro a Owners within 300' of 1939 Charles Street Petitioner: 24-1008-0663 24-1008-0655 / 24-1008-0656 24-1008-0664 24-100$-0657 / 24-1008-0658 FTC Properties, LLC (Wissco Irrigation) Wissco Irrigation Co., Inc. 1820 South Bend Avenue 1820 South Bend Avenue South Bend; IN 46637 South Bend, IN 46637 Adjacent Property Owners: 02-1106-5391.01 24-1003-0566.01 24-1008-0650 Zolman Tire, Inc. Campus East LP 24-1008-0651 18255 Vaness Street 306 South Notre Dame Avenue Ms. Susan Mahoney South Bend, IN 46637 South Bend, 1N 46617 1920 Chazles Street South Bend, IN 46637 02-1106-5397.10 Salvation Army 510 South Main Street South Bend, IN 46601 24-1001-0422 24-1001-0422.01 Toth Enterprises, LLC 17812 Ashford Hills Ct. Granger, IN 46530 24-1001-0424 24-1008-0661 Mr. Michael Manahan & Mr John Moore 11485 Hazbridge Drive Granger, IN 46530 24-1002-0553 Jinco, Inc. 940 Industrial Parkway Elkhart, IN 46516 24-1003-0566.02 Joseph Kwiatkowski 1733 No. South Bend Avenue South Bend, IN 46637 24-1003-0569 Ann Watson 50800 Woodbrook Drive South Bend, IN 46628 24-1008-0636 Mr. & Mrs. Albert Jones 1530 Harrington Drive South Bend, 1N 46617 24-1008-0637 Mr. & Mrs. Stuart Fishman 1555 Rosemary Lane South Bend, IN 46637 24-1008-0645 24-1008-0646 Mr. & Mrs. Brandon Hoffman 1952 Charles Street South Bend, IN 46637 24-1008-0652 24-1008-0653 24-1008-0654 Mr. Richard Fox P.O. Box 11412 South Bend, IN 46634 24-1008-0659 24-1008-0660 24-1008-0661 24-1008-0662 State of Indiana Indiana Department of Transportation 100 North Senate Avenue Indianapolis,lN 46204 24-1008-0665 24-1008-0666 Mr. & Mrs Stephen Fazekas 1947 Chazles Street South Bend, IN 46637 24-1002-0556 24-1002-0557 24-1002-0558 Premier Commercial Rentals, LLC P.O. Box 429 Notre Dame, IN 46556 24-1002-0559 Mr. Ulrich Klopfer 2010 Ironwood Drive South Bend, IN 46635 24-1008-0647 Mr. & Mrs. Leo Mundt 1944 Chazles Street South Bend, IN 46637 24-1008-0648 24-1008-0649 Mr. & Mrs. Jose Catral, Jr. 1923 Charles Street South Bend, IN 46637 11-16-07 4 w t~.. ~;~ ~' ~~Jt~~~.€~~> ~~~ ~~,a ~ .., M ,~,"~ ~"r ~ "~; o ~ har treet ~E, "a ,~ c ~ ~,' k~,~ ~ ~ ~ Pro a wners within 300 of 1939 C Ies ~ ~;,'. f~" ;s , , ~ ~~ r }}~,,,~ ~~~~,~~yy~ ~ may'"'}r 3 yf-~ ~}` ~ +x~.~ ` ~ f. ~~ • 1 r ~ 'w"T H t ~ : ,rX "~ i rA~~~~~>,.,, I ~ i ~^ ~., ~ ~*-r a~." j ~' ~ ~ i i~:. 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M ., a win aeiEarv.EnEaN ~rtorFaw ra•m~aw ~acrvl.+renN neoceon PLAN VIEW !~ " ,-er euroN COnNFee ,:m~~ "' ELEVATION/SECTION ~~ ~r ~ HOeN a rvommrec! s~~~n~~.N~r~l,lr~ 2 WOOD SCREEN FENCE NOT TD SCALE NEW PARKING LOT en Nwe euarACE comae %i¢ !lNwc. mNOEacamee coNPnc~r eau Necn,e io mxe.P.n STORM DRAINAGE CALCULATIONS e„roow,oolF"e,,lm o+L lTORUU ~oum~ n~~ E FROweo ,NNnce eeormL.ewveav nT rra wi~crox weeaoK'm cT ~E.emaraE RI rem ow oxrvmua"e.eoo au roT~u eraxnaE-lLeuorl ~~ P~ ~O ~~ ~P 0 EXISTING ~ DRIVE / i iTING EX• PARKING DRIVE ExISnNG DRNE ~-__~ i i \ ISTING ~ \ PARKING A \~ / \~ ~ ~ \ ~ ~~ ~ / ~~\ Blarney Stone Wines & Splrita oe~ara Bllllard Club U EXISTING PARKING EXISTING STORAGE YARD CHARLES STREET 60' R/W ~e~. ® c • LAWN SPFlINKLER 5VSTEMS 1820 South Bend Avenue South Bend, Indiana 46637 STATE OF INDIANA R ETENTION AREA ciiNO I • - 'I: ;1` . b .l O l~re%~~. F ion 1 I r e . .~ I.. •I I ,I., I ~rrloN Vrooo ecneeN race. mev w'"' ~'' I •J ~ ~ / .: ~ .. I' I . ~.~' .~ . • .I .~. 1., .I.. ' ~"~. 1 .1 1 ~' (•' I •: I ~ / 1-rMwlorwNNlC elO I IeotleWleV9 PROPOSED 1 t' - 1 '~ • 1 y,'ro lnmrmNa I oeorexr irr c PARKING LOT •~ . ~ • • IOI.' a ~ew I 37 SPACES - .i. treooeu .. i .: 1 onlweu• I b •.r r rewo.Nnw P°~ I Mr' ~ 'I 1•.. IN NI .Y :i••...... Wissco . • • Irrigation Co. 1 i. „ i.. "'• ~ 1 w I a n x . ,~ C~ ~ I .. I ... I ..: I < I ~'•' r•. :y~ •.' ~f I '. I "~ I IP ~ , ~ HOUSE 1 ~ I 1 ~~ teeNrrr AIieORNTAES eU11MNOEVm1le' 1 1 ~, 1 1 I I I ~~' 1 OUP _ L~~ 60 .~ ~OIDFWIE~ qMF\1r YMARC YMAmI llNRI SITE PLAN L ~'_~ 0 20 40 80 SCALE: 1" = 20'-0" NORTH LANDSCAPE A{ROC~`H+f~1/E~C~T~p ~ SlK~JLW4JW INC, 1 ffi~`~ 1AN09CAPEARCNRECTURE ANO PLANNING erPlET Nre1V.lwxA WdixA"wf Nwele.n sswnr Inn ms.me ~.ar.....e~ NrrvnmMr~a ~nm BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 December 21, ?007 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception BZA 12/2U/07 The petition of FTC Properties LLC seeking a Special Exception to allow off site parking in a "SF1"District, on property located at 1939 Charles Street. This property is zoned "SF1" Dear Council Members: The above referenced petition of FTC Properties LLC was legally advertised on December 6, ?007. The Board of Zoning Appeals gave it a public hearing on December 20, ?007 at which time the following action was taken: Upon a motion by Mr. Sassano, being seconded by Mr. Kilbase and unanimously tamed, the petition for Special Exception to allow off site parking in a "SF1" District, on property located at 1939 Charles Street, is sent to the Common Council with a Favorable Recommendation. The deliberations of the 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, f+. ,,. ~ , ,- Charles C. Belot Interim Building Commissioner CCB/cah FTC PROPERTIES LLC (parkin, in "SFl" District) SPECIAL EXCEPTION PURSUANT 21-09.3(D) BOARD OF ZONING APPEALS CITY OF SOUTH BEND, INDIANA FINDINGS OF FACT 1. THE PP.O]'OSED L•'SE WILL NOT BE IN.TURIOUS TO TIIE PUBLIC HEALTH, SAFETY, COMFORT, CO1\'I)\•IUNITY MOP.AL STANDAP.DS, CONVENIENCE OP. GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being in-furious to the public health, safety, morals, and genera] welfare of the community. ?. THE PP.UPOSED USE WILL NOT IN,TUP.E OR ADVEP.SELY AFFECT THE t/SE OF THE AD7ACENT AREA OPT PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties- 3. TI-IE PROPOSED USE WILL BE CONSISTENT vVITI-I TI-IE CHARACTER OF THE DISTRICT IN WHICH IT 1S LOCATED AND 7"HE LAND USES AUTI-IORIZED THEREIN BECAUSE: Conditions on the properh~ predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USL- IS COMPATIBLE WITH THE P.ECOMMENDATIONS OF THE CITY OF SOUTH BEI`'D C'O:L/PREH£A'SII E PL,~IA~ BECAUSE: It is the feelinc of the Board that the variance is hlendin~* into the overall Comprehensive Plan and is not deviatine from its intent. CONDITIOI~TS OPT REVISIONS: DECISION IT IS THEREFOP~E the decision of the Board that this t-egttest for Special.Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECO1\'IMEI~'DATION ADOPTED this 20TI-I Day of DECENIBEP~, ?007. YES NO ® P.1CH~\P~D KILBASE ® CHP.ISTOPI-] HOFFNIAN ® DAVID SASSANO ® MAURICE HOBAN ® ELOND=\ WILDER-I-IAMILTON 7O1 W. SAMPLE STREET Sovrx BEND, IrrDIArIA 46641-2890 PHONE 574/ 235-9311 FAx 574/288-0268 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR SOUTH BEND POLICE DEPARTMENT THOMAS H. FAUTZ, CHIEF OF POLICE January 9, 2008 City Council President Tim Rouse 227 W. Jefferson Room 445 South Bend, Indiana 46601 ~,ll N~ y~ °> Dear President and Council Members, I am requesting that you withdrawal Bi1147-07 regarding the promotional system for the South Bend Police Department. In cooperation with the Fraternal Order of Police we are rethinking this and ask that you withdrawal this at this time. Thank you for you consideration in this matter. Sincerely, D kins~ Chief o olice Filed 4~ ~:=«~a;=~ ~~~~~ DARRYL BOYKINS RICHARDA. BISHOP GARYA. HORVATH RICHARD R 1liLGORE UNIFORM DMSION CHIEF INVESTIGATM: DMSION CHIEF COMMUNITY RELATIONS DMSION CHIEF SERVICES DMSION CHIEF 235-9313 235-9263 235-5940 235-9314 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW SECTION 2-60 CREATING A POLICE PROMOTION PANEL STATEMENT OF PURPOSE AND INTENT It is in the best interest of the City of South Bend and of its citizens, and property owners that the South Bend Police Department be a professional one in which the most qualified officers are promoted. South Bend has an independent Board of Public Safety established under Section 2-50 of the South Bend Municipal Code pursuant to I.C. 36-8-3-3'to oversee all aspects of the Police Department including the administration of discipline. The South Bend Board of Public Safety has along history of successfully fulfilling its duties in the past and should be continued. I.C. 36-1-4-14 allows a municipality to establish a system to promote members of a police department based on merit and qualification yet retain a Board of Public Safety, and this Ordinance is adopted pursuant to said statute. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA that Chapter 2, Article 5, be amended to add a new Section 2-60 of the South Bend Municipal Code as follows: Section I. Chapter 2, Article 5 of the South Bend Municipal Code shall be amended to include a new Section 2-60 titled Police Promotion Panel which shall read as follows: Section 2-60 Police Promotion Panel (a) There shall be established a three (3) member Police Promotion Panel subject to the rules set forth in this Section. Each member shall be a citizen of the State of Indiana and a resident of the City of South Bend. (b) Two (2) of the members of the Police Promotion Panel shall be appointed by the Mayor from the membership of the Board of Public Safety and shall serve at the pleasure of the Mayor. A third member shall be elected by the active, sworn members of the South Bend Police Department and shall serve a term of four (4) years, and shall be a person of good moral character who is not an active member of any Police or Fire Department or agency. This member shall be elected pursuant to the procedures set forth in I.C. 36-8-3.5-8. All members shall be at least twenty-one (21) years of age, citizens of the United States, and residents of the City of South Bend for at least three (3) years prior to appointment or election and while on the Panel. (c) The Police Promotion Panel shall establish rules to govern its operation, including the time and place of its regular meetings and the rules for promotion. (d) The Police Promotion Panel shall be in charge of all promotions in the South Bend Police Department for the ranks of Sergeant and Lieutenant. (e) The provisions of I.C. 36-8-3-3, 36-8-3-4 and 36-8-3-4.1 are incorporated herein by reference, except with respect to promotion to the ranks of Sergeant and Lieutenant, which responsibility shall reside with the Police Promotion Panel. The Board of Public Safety shall specifically, along with the other responsibilities it is given under the aforementioned code sections, retain responsibility for appointing members of the Police Department other than those in an upper level policymaking position, administering discipline, including dismissal, to police officers, and reviewing certain disciplinary actions by the Police Chief. (f) This Ordinance shall not be interpreted to give the Police Promotion Panel any authority to make promotions to any other ranks or to limit the power the Board of Public Safety to make demotions from~the rank of Sergeant or ,Lieutenant pursuant to its powers under I.C. 36-8-3-4. Section II. This Ordinance shall be in full force and effect from and after the time it has been adopted by the Common Council and approval by the Mayor. Member, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Filed In Cierk's Qffice 07 EADWG '~--Z3- ~. ~ $ 2~~ of South Bend, Indiana i.,C HEAR-NCa. d READING r~lOT APPRO.V~D REFERRED PASSED JOHN VOORDE CRY CLERK, 50. BEND, IN. South Bend Police Department 701 W. Sample Street, South Bend, Indiana 46601 INTER OFFICE MEMO To: Common Council Members From: Chief Thomas H. Fautz Date: 06/29/07 Re: Promotional System for the South Bend Police Department In an effort to further enhance the professionalism of the.South Bend Police Department, I have launched several initiatives including CALEA Accreditation, Performance Evaluations, and use of the Police Executive Leadership Academy for career development. The next logical step is the forn~ation of a promotional system. We have been working with IPSP (Institute for Public Safety Personnel) on devising and implementing a promotional system for sworn-officers for the ranks of sergeant and lieutenant. IPSP is the same company that has developed and is currently administering the new Promotional System for the South Bend Fire Department as well as our performance evaluations. Currently, promotion has been a "state-of-nature" and based upon the opinion of the Chief of Police. Qualifications for a promotion were based upon the officer submitting a report that highlighted their qualifications, and the opinion of the Chief of Police. The current system can be easily biased with subjectivity and personal.opinion. First, a promotional system for the South Bend Police Department would be another improvement towards professionalism and bringing the department up to standards with the law enforcement community. There are many Indiana police departments that are similar in size to South Bend with a promotional system..Those departments would include Fort Wayne, Evansville, Kokomo and the Indianapolis Metro Police Department. Other Indiana police departments while not similar in size but with a good reputation, include Carmel, Fishers and Plainfield. In the police culture, when you tell other police departments how a South Bend Police Department officer is promoted it is not unconunon to see a look of skepticism or the comment, "How big is your department?" Second, a promotional system "levels the playing field" for all officers. Now there would be a measurement azid testing component to identify the future leaders. Officers will have written and oral tests that will measure their knowledge of the Department rules and regulations, apply law, and demonstrate their ability to make sound decisions. There is no more "talking the talk," such as simply asking for a promotion in a report, but the officer's ability to "walk the talk" tluough test scores and assessment exercises. There is also the "objective eye" that this promotional system will give South Bend. While it is difficult to remove the human factor in evaluating another person's qualifications, the promotional system for South Bend will do its best to fairly evaluate candidates: During the oral board and assessment exercises, the candidates will be evaluated by outside evaluators. The evaluators will be experienced law enforcement officers from other police agencies, who have no opinion of the Department or the candidates. Therefore, candidates will not have to worry if the person judging them has a personal bias, or, conversely, concerned that other candidates will have a better advantage because the evaluator is a friend. The evaluators are infornzed that they are not to have a~1y contact with the candidates or even the Chief of Police. Like a jury during a criminal trial, the evaluators must maintain impartiality and neutrality during the process. Under the current system used to promote officers, an officer not chosen for a promotion is usuall}~ not provided a specific reason why they were not chosen outside of "there was a better candidate." However, with a promotional system, the Chief of Police can now identify and cite specific reasons why one person was chosen over another, an example would be the officer had a better grasp and understanding of policy/procedure, they demonstrated better decision making skills, and performed better during the assessment exercises. This gives the unpromoted officer an idea of what skill need improvement for the next time. Finally, it just makes good sense to continue moving the administration of the South Bend Police Department into the' 215` Century of modern policing. There is no logical reason. to solely base promoting an officer upon that officer's personal report and the personal opinion of the Chief of Police. While not to undermine the decision making abilities of the Chief of Police, a promotional system will seek to remove the taint of a "good `ol boy system." Often times, a promotional system will mirror the opinion of the Chief of Police. This just demonstrates a Chief's ability to make sound decisions, and gives them co~dence in their choices. Ft1~d n[I EfI{'~ ~t"'~tC~ ~~~. ~ $ ~~ JOt1F~ SO ~~3~ a, !'~1. CCT`! GLEAK,