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HomeMy WebLinkAbout01-28-08 Council Meeting Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, JANUARY 28, 2008 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7-nn P M 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: R T T.T. NY) 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 01 -08 PUBLIC HEARING 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 PUBLIC HEARING 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 PUBLIC HEARING 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 PUBLIC HEARING 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 WIDTH OF APPROXIMATELY 12 FEET 89 -07 PUBLIC HEARING ON A BILL AMENDING ORDINANCE NO. 9791 -07 FIXING AND INCREASING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2008 AND APPROVING TEAMSTER EMPLOYEE WAGE FOR 2009 -2010 05 -08 PUBLIC HEARING 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 PUBLIC HEARING 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 PUBLIC HEARING 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 8. BILLS, THIRD READING TIME: BILL NO. 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 01 -08 THIRD 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 THIRD 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 THIRD 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 THIRD 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 WIDTH OF APPROXIMATELY 12 FEET 89 -07 THIRD READING ON A BILL AMENDING ORDINANCE NO. 9791 -07 FIXING AND INCREASING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2008 AND APPROVING TEAMSTER EMPLOYEE WAGE FOR 2009 -2010 05 -08 THIRD 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 THIRD 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 THIRD 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 9. RESOLUTIONS BILL NO. 08 -05 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 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 -07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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 -08 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 918 NORTH SAINT PETER STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR BRIAN & ALISON LEVEY 08 -09 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3950 WILLIAM RICHARDSON COURT AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (6) SIX -YEAR REAL PROPERTY TAX ABATEMENT FOR RYAN FIREPROTECTION, INC. r 08 -10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REGARDING THE AMENDMENT OF THE LEASE WITH THE CITY OF SOUTH BEND .BUILDING CORPORATION DATED AS OF MARCH 1, 2001, AS AMENDED BY AN ADDENDUM TO LEASE DATED AS OF APRIL 2, 2001 PREVIOUSLY ENTERED FOR THE CONSTRUCTION AND EQUIPPING OF A NEW PUBLIC WORKS SERVICE CENTER FACILITY AND REGARDING CERTAIN RELATED MATTERS 10. BILLS, FIRST READING BILL NO. 09 -08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CLOSING SEDA TIF FUND NO. 414 AND TRANSFERRING REMAINING FUNDS TO AEDA TIF FUND NO. 324 10 -08 FIRST READING ON A BILL AMENDING ORDINANCE 9790 -07 FIXING MAXIMUM SALARIES AND WAGES OF. APPOINTED OFFICERS AND NON - BARGAINING G EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2008 11. UNFINISHED BUSINESS A. REPORTS FROM AREA PLAN COMMISSION 1. BILL NO. 85 -07 - REZONING 701 S. GRANT ST. 2. BILL NO. 88 -07 - REZONING 2122 SOUTH BEND AVENUE 12. NEW BUSINESS A. UPDATES FROM COUNCIL MEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS B. MISCELLANEOUS r 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: Ao' 1400 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF I,AW PHONE 574/ 235 -9241 FAx 574/235 -9892 TDD 574/ 235 -5567 CHARLES S. LEONE ALADEAN M. DERoSE CITYATToRNEY November 5, 2007 CHIEF ASSISTANTCITYATTORNEY Mr. Timothy A. Rouse President, South Bend Common Council 4' Floor, County -City Building South Bend, IN 46601 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 Code 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. AMD /cw Enclosure Sincerely, Aladean M. DeRose Chief Assistant City Attorney Fil-fed In Clork's Office rIov - 7 2007 Jul H v OME CITY UERK, So. upi't, a THo AS 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 COUNCIL 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 15C - 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 up to 100.00 4 -30 Hotels and motels up to 2,500.00 4 -34 Self- service laundries up to 2,500.00 4 -35 Massage establishments and technicians 500.00 up to 2,500.00 4 -36 Pool halls pp to 2,500.00 4 -38 Open -air businesses a to 2,500.00 4 -39 Public parkin facility 0 to 2,500.00 4 -40 Outdoor motion picture theaters 500.00 up to 2,500.00 4 -43 Peddlers and canvassers up to 2,500.00 4 -44 Precious metals dealers 200.00 up to 21500.00 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 1" - 50.00+ 2nd - 100.00+ thereafter - 200.00 up to 2,500.00 4 -48 Rubbish and garbage removal 506 300.00 4 -51 Scra metal dealers junk dealers valuable metal dealers and recycling operations 200.00 up to 2,500.00 4 -53 Secondhand stores 200.00 up to 2,500.00 4 -55 Charitable solicitations 50.00 up to 2,500.00 4 -60 Transient merchants (operator) up to 2,500.00 4-6O Lk Transient merchants (property owner) up to 500.00 4 -61 Taxicabs: companies, vehicles and drivers up to100.00 4 -62 Waste to energy facilities 25.00 up to 2,500.00 5 -8 General animal care regulations X5.00 up to 2,506.00 5 -9 Sale of baby rabbits, chicks or fowl prohibitedi exception -15.00 25.00 5 -10 Motor vehicle accidents involving animals 1" - 25.00 thereafter - 50.00 5 -11 Animals in motor vehicles +5.0025.00 5 -12 Poisoning of animals 50:00 up to 2,500.00 5 -13 Trapperi_g of animals restricted 15.00 25.00 5 -14 Maximum number of dogs or cats per household +-5.00 25.00 5 -15 Acreage requirements for certain domestic animals 15.00 5=1-6 X5.08 5 -17 Owners or agents responsible for Rremovaling of animal wastes X00 25.00 5 -18 Animal bites and reports Vt - 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 I" - 25.00 thereafter - 50.00 5 -21.2 Animals Prohibited to Be Brought to Large Events Held on Public Property: Prohibition 125.00 5 -22 Protected animals 151 - 25.00 thereafter - 50.00 5 -23 Keeping certain animals prohibited 25.00 I" - 200.00+ thereafter - up to 500.00 5-26 7_ _C___n__ with humane officer 15.00 . 5 -27 American Pit Bull Terriers and Other Ddangerous dog Animals: Llicensing 500 100.00 5 -28 American Pit Bull Terriers and Other Ddan eg rous d8g Animals: Specific regulations 50.00 5 -28 Cal Specific regulations - Defacing tattoos 50.00+ 5 -28 LbI Specific regulations - Notification 50.00+ 5 -28 c Specific regulations - Breeding 75.00 5 -28 d Specific regulations - Pens or fences 1" - 25.00 thereafter - 50.00 5 -28 e Specific regulations - Change of ownership 25.00 5 -28 f Specific regulations - Fighting a to 2,500.00 5 -28 Specific regulations - Public property 50.00+ 5 -28 h Specific regulations - Notification by owner /agent 50.00+ 5-28 Qi Specific regulations - Serious injury or death 2.500 + 5 -30 Spaying and neutering of adopted animals; microchip identification of adopted animals ls` - 25.00 thereafter - 50.00 5 -32 Notice of pet license required ls` - 25.00 thereafter - 50.00 5 -35 Dog and cat registration and identification ls` - 25.00 thereafter - 50.00 5 -36 Pet shop permit ls` - 25.00 thereafter - 50.00 6 -46 Building contractors'- prelicensing registration required, annual renewal 1s` - 50.00 thereafter - 250.00 up to 2,500.00 7 -19 Cable operator: Enforcement 500.00 9 -15.2 Fire Code: Violation; penalty 100.00 up to 1,000.00 9 -20 Eeaf Types of burning prohibited 50.00 100.00 up to 2,500.00 9-}- Leaf burning 50.00 9--2-2 : Leaf burning 50.00 12 -3 False alarm fines ls` through3`d - no fine 4`h - 100.00 thereafter - 200.00 12 -6 Alarm agent - Penalties III-100.00 thereafter - 200.00 13 -3 Gang loitering prohibited 1" - 100.00, late fee of 50.00 after 30 days 2nd - 250.00, late fee of 50.00 after 30 days thereafter - 500.00 +, late fee of 50.00 13 -4 Narcotics- related loitering_ prohibited 1" - 100.00, late fee of 50.00 after 30 days 2nd - 250.00, late fee of 50.00 after 30 days thereafter - 500.00 +, late fee of 50.00 13 -7 Loitering which obstructs public ways prohibited, penalties 1" - 50.00 +, late fee of 25.00 after 30 days thereafter - 100.00 +, late fee of 25.00 after 30 days 13 -26 Panhandling and solicitation regulations - Prohibited 1" - 50.00 thereafter - 100.00 up acts to 2,500.00 13 -37 Prohibited activities related to ticket sales 151- 100.00 thereafter - 250.00 13 -55.1 Loitering for solicitation 151- 150.00 2nd -250.00 thereafter - 350.00 up to 1,000.00 (within a one year eriod 13 -57 Unreasonable noise 151- 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 50.00 after 30 days 13 -57.1 Use of police officers at Marge parties or gatherings requiring a second response 50.00 to each violator 13 -58 Discharging firearms prohibited; exception up to 2,500.00 13 -59 Fireworks regulation V - 100.00, late fee of 50.00 after 30 days 2 °a - 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 alarmsz0rohibited 50.00 up to 1,000 13 -67 Warning required on certain size plastic bags up to 2,500.00 13 -68 Sale and place of keeping glue restricted; recording up to 2,500.00 sales required; penalty 13 -69 Burial of dead persons not within cemetery 0 to 2,500.00 13 -75.1 Real estate used for illegal 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 Smoking or carrying lighted objects upon municipally up to 100.00 owned buses prohibited; exception; penalty 13 -81 Public nuisance noises prohibited I" - 50.00+ 2 °d - 100.00+ thereafter - 250.00+ 13 -82 Stationary noises 50-00 1" - 50.00+ 2 °a - 100.00+ thereafter - 250.00+ 13 -87 Collection of unlawful reeyeiable materials by unauthorized person 15` - 50.00+ thereafter 500.00 13 -91 Defacement - damage, defacing or injuring to property as an offense I" - 50.00 thereafter 100.00 up to 2,500.00 13 -97 Restrictions on the possession and manufacturing of 250.00 up to 2,500.00 assault weapons 13 -98 Requirements for transporting and possessing 1" - 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 properly store firearms /ammunition; dealers to conspicuously display signs 13 -109 Public places where firearms are prohibited; 50.00 exceptions; signs to be conspicuously displayed 13 -110 Public places where firearms are restricted; 50.00 up to 2,500.00 exceptions; signs to be conspicuously displae 13 -125 Tattooing, branding, scarifying and piercing multiple fines for various violations from 150.00 to 2,000.00 14 -2 Skateboarding and roller skating — prohibited on all 1" - warning city streets; exceptions thereafter - 25.00 14 -3 Skateboarding and roller skating= prohibited on 1" - warning sidewalks thereafter - 25.00 14 -4 Skateboarding regulations in designated city -owned I" - warning skateboard facilities thereafter - 25.00 14-96 Curfew - Fifteen- sixteen- and seventeen -year olds I" - 25.00 2 °d - 100.00 thereafter in same year - 200.00 14 -7 Children under fifteen 05) years of age 1" - 25.00 2nd - 100.00 thereafter in same year - 200.00 14 -14 Residential swimming pool 25.00 14 -16 Prohibition of Open Alcoholic Beverage Containers: 15` - 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 1" - 50.00 alcoholic beverage container thereafter - 100.00 up to 2,500.00 14 -21 Ultimate fighting prohibited 1,000.00 up to 2,500.00 14 -26 Public Safety Requirements for Large 111-100.00 Eatiny,/Drinking Establishments: Verification of 2nd -350.00 server intervention programs required to be filed with 3rd - 500.00 the board of public safety 14 -27 Verification of responsible management practices and 1" - 100.00 programs required to be filed with the board of public 2 n -350.00 3rd -500.00 safety 14 -28 Number of required trained security personnel and ls` - 100.00 verification of trained security personnel required to 2 n -350.00 be filed with the board of public safety 3rd -500.00 14 -30 Required public safes announcements III-100.00 2nd -350.00 3rd - 500.00 14 -36 Stun Gun Regulations: Prohibited conduct 15` - 250.00 - 2nd -500.00 3rd - 1,000.00 16 -12.1 Unauthorized collection of residential refuse; up to 2,500.00 penalties 16 -543 Conditions constituting pPublic nuisances 2x00 Pt - 50.00 up to 2,500.00 2nd - 100.00 up to 2,500.00 thereafter - 200.00+ - up to 2,500.00 16-61 Ptrbl✓ie ntzisarree 25.0e 8 Snow removal from sidewalks i99 18 -55 House Numbers: Displaying unassigned nassigned number 1 - 15.00 prohibited thereafter - 25.00 18 -576 Exhibit number; size of fi ug_r I" - 15.001 thereafter - 25.00 18 -58 Numbering new buildings; time limit I" - 15.001 thereafter - 25.00 18 -59 Destruction or change of numbers prohibited 1" - 15.00{ thereafter - 25.00 19 -17 Tree and lawn area regulations X0011 to 2,500.00 }gam Weeds growth restrietions ir90 19 -34 Weeds and Noxious Growths: Failure to comply with 20.00 up to 1,000.00 notice;_public nuisance }9 5 Weeds and noxious growths 20.00 19 -40 Public Parks: Prohibited acts 50.00 19 -41 Public Parks: Advertising�rks 20.00 19 -42 Public Parks: Disorderly conduct 50.00 19 -43 Public Parks: Gambling within-p=ks 50.00 19 -44 Public Parks: Explosives, firearms, weapons and missiles 25.00 up to 2,500.00 19 -45 Public Parks: Aviation 25.00 19 -46 Public Parks: Camping - 50.00 19 -50 Public Parks: Peddling, sales, photographs, etc.1 concession contracts 50.00 19 -51 Protection of animals 25.00 up to 2,500.00 19 -52 Public Parks: Fires within parks discarding lighted cigars, etc. 25.0050.00 19 -53 Public Parks: Boating 25.00 up to 2,500.00 19 -54 Public Parks: Fishing; pProtection of fish 25.00 19 -55 Public Parks: Bathing 25.00 19 -56 Public Parks: Subsurface aquatic activities 25.00 up to 2,500.00 19 -57 Public Parks: Toy aviation; kite flying model boating, automobiling or airplane flying 25.00 up to 2,500.00 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 beverages and dntp controlled substances 50.00 19 -62 Public Parks: Construction work 25.00 up to 2,500.00 19 -63 Public Parks: Handicapped parking Traffic control and speed limitations 50.00 19 -64 Public Parks: Vehicle use rRestrictions -on vehicles 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 6vertime Commercial vehicle parking restricted 5.00H5.60 20 -61 Parking limited on certain streets in central commercial area up to 2,500.00 20 -62 Stop required when traffic obstructed up to 2,500.00 20 -63 Stopping or parking near hazardous or congested up to 2,500.00 1p aces 20 -64 Available street or alley space for traffic; uncontrolled up to 2,500.00 use of alley prohibited 20 -65 Use of alley to private property up to 2,500.00 20-66, Parking in front of theaters, hotels and between "no up to 2,500.00 parking" signs 20 -67 Parking rest, ictiansprohibited or limited in certain designated places 3- 6610.00, 100.00 if special event violation 20 -68 Parking in front of business or professional buildings up to 2,500.00 or in City -owned parking facilities restricted 20 -69 Standing for loadin only up to 2,500.00 20 -70 Bus and taxicab stands up to 2,500.00 20 -71 Passenger vehicles in bus or taxicab stands up to 2,500.00 20 -72 Method of parking-, parallel and single parking; up to 2,500.00 exception for motorcycles 20 -73 Right side to curb u to 2,500.00 20 -74 Parking vehicles on streets for sale or repairs 50.00 pending 20 -75 Vehicle used for advertising on streets up to 2,500.00 20 -76 Illegal parking a to 2,500.00 20 -77 Overtime parking prohibited W to 2,500.00 20 -79 In-juring or tampering with meters up to 2,500.00 20 -80 Use of slugs in meters up to 2,500.00 20 -81 Limitation on turning vehicles up to 2,500.00 20 -82 Limitations on backing vehicle up to 2,500.00 20 -83 Vehicle emerging from alley, building or driveway up to 2,500.00 20 -84 Parking on sidewalk, alley 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 up 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 up 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 up to 2,500.00 20 -97 Shrubs or plants obstructing g 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 U to 2,500.00 20 -100.1 Parking by fire hydrant prohibited 50.00 20 -105 Traffic regulations during sSnow removal conditions 25.00 20-11 Snow removal 25.66 20 -108 Truck routes: Restrictions 111-50.00+ 2nd - 100.00+ thereafter 250.00+ 26 -•99.7 Track route 50.00 20 -111 Desi .Rnation of handicapped parking spaces 50.00 20- 113($)M Reserved space permit: 50.00 20 -1165 Residential parking sticker zones 766 20 -118 Truck parking more than eleven thousand pounds' gross vehicle weight: parking restricted Is'- 50.00 thereafter 100.00 20 -122 Noise limit Is'- 50.00+ 2nd - 100.00+ thereafter 250.00+ 20 -123 Excessive noise I" - 50.00+ 2nd - 100.00+ thereafter 250.00+ zi�h 15 Section Il. 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 C66cil 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 t - �L`z1 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED File In Clerk's "'Ce - 7 201-7 NOV E acti,4 v0apz:- GIT`f CLERK, Std. EE", IN F.\ DATA\ SHARE\ Lega ] \Wpdata\AMD \ORDINANCWmending Chapter 2 Sec 2 -213 Code Violations and Penalties 1022( 7.wpd I)V-14 Vanch, Flarner & Associates, Inc. MICHAEL J. RANCH, 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 x Professional Engineers Landscape Architects . Land Planners 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. 2cerely hael J. Dan President Danch, Harner & Associates File # 070189.2 pjh 1643 Commerce Drive . South Bend, IN 46628 office 574/234 -4003 ■ 800/594 -4003 ■ Fax 674/234 -4119 ED TWS D ice JO Q BEh`0,1N. CM CLER" 208 West Mars . Berrien Springs, MI 49103 office 269/471 -3010 ■ Fax 269/471 -7237 ORDINANCE NO. 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 °00'00" W, ALONG THE NORTH RIGHT -OF -WAY LINE OF NAPOLEON STREET FOR A DISTANCE OF 195.00 FEET; THENCE N 00 100'00" W A DISTANCE OF 8.10 FEET; THENCE N 88 044123" 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 Wuncil 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. Approved and signed by me on the 2 , at o'clock . M. 1 st READING C ✓ �� -U 8, PUBLIC FEARING 3 rd READING MOT APPROVED "EFERRED PASSER City Clerk day of Mayor, City of South Bend, Indiana File in C[or S 0111ce 5 2007 DEC ED JOHN VOORDE CV CLERK, S0. BEND, IN. 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. 90 000'00" W, ALONG THE NORTH RIGHT -OF WAY LINE OF NAPOLEON STREET FOR A DISTANCE OF 195.00 FEET; THENCE N 00 000100 "W A DISTANCE OF 8.10 FEET; THENCE N 88 044123" E A DISTANCE OF 195.05 FEET TO THE WEST RIGHT - OF -WAY LINE OF EDDY STREET; THENCE S 90 000100" 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 JamXs. Lyphout, 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 _ �� �� HOW cn 01trice Filed In Cloak's O, ctn, DEC 5 2;'t 1 imim VOOR9E IF #. CITY CLERK, EO. STREET VACATION DIAGRAM SURVEY ORDERED BY: KITE REALTY GROUP SURVEY DATED: 9 -19 -07 PROJECT NO.: 070189.2 Napoleon 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 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. w z 7 VACATION R/W LINE C/L NAPOLEON ST. (82.5'R/N) LINE BEARING I DISTANCE L1 N 00'0000" W I 8.10' L2 S 90'00'00" E 12.39' BE VACATED AY TO REVISED 9 -5 -07 Vanch, Harner &Aseaciatee, Inc. Land Surveyors - Professionol Engineers LVN . . Landscape Architects - Land Planners Office: (574)234 -4003 / (800)594 -4003 • Fax: (574)234 -4119 1643 Commerce Drive • South Bend, IN 46628 I 1 I i 0 100' SCALE 1'- 100' 3 4 t/) N w U Z Q ry I i /- 4392.04 I 18 -5123 a - 4392.02 moplo'Wool"arEw''I 195.00' �\ NAPOLEON ST. \� —3676 —3689 18 5105 LEGAL DESCRIPTION: PARCEL R/W VACATION: —3677 —3690 Pl: 8 -5102 1 —357,9 I R150' ILL] iii ^d in C ;Gi`"�' 0-flicO E JG=i•: VGuR%� Cirl Cl EM, SC, BEND, IN. 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: 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 i R -si nn -nags South Bend Housing Authority 801 S.Scott Street South Bend, IN. 46613 18- 5100 -3533 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 South Bend Heritage Foundation 803 LincolnWay W South Bend, IN. 46616 18- 5100 -3531 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 University of Notre Dame Du Lac 1130 Burns South Bend, IN. 46617 18- 5100 -3529 Trustees of Indiana University 580 E Kirkwood, Suite 204 Bloomington, IN. 47408 18 -5123- 439204 Hied in rMOtles C�1" DEC 5 2007 jc)"q;1re0EOE CITY G! BMK, S10.65 @�, I• 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LUEcn, MAYOR BOARD 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 Comer 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 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 ,1• - , STREET VACATION DIAGRAM SURVEY ORDERED BY: KITE REALTY GROUP SURVEY DATED: 8 -28 -07 PROJECT NO.: 0701893 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, 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 PLVD, THENCE N 65'42'03" E A DISTANCE OF 53.41 FEET ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE; THENCE S. 89'21'11 "E A DISTANCE OF 23.71 FEET; THENCE S 6542'03" W A DISTANCE OF1 63.14 FEET TO THE POINT OF BEGINNING. �� � rd Public ®rka `` SEP 2 4 1UU I 0. zd _ q0 Y ) �O 0 VVV wlj N 0 0 1 x ANGELA BLVD. (AKA EDISON ROAD) f R/W LINE VACATION UNE BEARING DISTANCE L1 I(L 10.94 N N 65-42'03- E 37.47 L3 S 89'20 37 E �H � P.O.B. M 63.41 W pE+ ' .00 R/W LINE VACATION UNE BEARING DISTANCE L1 N 00'20 45 W 10.94 N N 65-42'03- E 37.47 L3 S 89'20 37 E 23.71 L3 S 6542 03 W 63.41 Vanck Varner &Amadatw, Inc. 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 O opyng anc , amer eocio ee, Inc. RIGHT —OF —WAY TO BE VACATED 4 4 Aye. 28. 2007 11:33AM BRD PUB UJORKS & SAFETY TO: FROM: INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS No. 9996 P. 1/2 Carl Littrell, Engineering Department John Byom., Area Plan Commission (235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development O /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(dnisource.com or 284 -2220 fax) For Informational Purposes Only Linda M. Martin, Clerk —A RE: Request for Recommendation - Property Vacation Location: Vacation of the Rlght -of -Way located on the Soutwest Comer 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 1 Imartin(a),southbendin.sloy_ RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: n 1f s�•c �� Ell °� e, v� dA )r 1 2 tat -P&I `�'�.rys:'•�( �.�:�� b By:—A&2 DATE: Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Executive Director Phone 574 235 -9571 September 5, 2007 The Board of Public Works 13`" Floor, County -City Building South Bend, Indiana 46601 www. stjosephcountyindiana .com /areaplan Larry P. Magliozzi Assistant Director Fax 574 235 -9813 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. Sincere' , R be 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 INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS No.9996 P. 1/2 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. 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 284 -2220 fax) For In Purposes Only FROM: Linda M. Martin, Clerk`lA RE: Request for Recommendation - Property Vacation Location: Vacation of the RIght-of-Way located on h outwest Comer of Eddy Street and Angela Boulevard (aka Edison Road) (Preliminary Review) DATE: August 28, 2007 DUE: Se�tember 17, 2007 FAX ORE -MAIL TO: 235 -9171 / Imartin(a)southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. Ile o A BY: DATE: INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: „Earl Littrell, Engineering Department -John Byorni, Area Plan Commission (235 -9813 fax) Jeff,Gi.bney; - Gom=nityZ- Econvmrc-Bevetapment Chris Dresses, Community & Economic Development c Sob Mathia, Community & Economic Development Robert Sanders, Fire Department L,Ack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin(cDnisource.com or 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk AK RE: Request for Recommendation - Property Vacation Location: Vacation of the Rlght of Way located on the Soutwest Corner of Eddy Street and An Boulevard (aka Edison Road) (Preliminary Review) DATE: August 28, 2007 DUE: September 17. 2007 FAX OR E -MAIL TO:. 235 -9171 / Imartin southbendln. oy RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED.' COMMENTS & RECOMMENDATIONS:. BY: DATE: 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 (irbettin(cD-nisource.com or 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk`/AL1 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 28, 2007 DUE: September 17, 2007 FAX OR E -MAIL TO:, 235-91711 Imartin(D- southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED.' COMMENTS & RECOMMENDATIONS: Aug 29 07 01:19F SBPD TRAFFIC Aug-28. 2007 11:36AM BRD PUB WORKS & SAFETY INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS (219)235 -9305 P.5 1'x.9996 P. 1i2 TO! Carl Littrall, Engineering Department John Byorni, Area Plan Commission (235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressal, Community & Economic Development Bob Mathia, Community & Economle. Development Robert Sanders, l=ire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Chery( Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin0nisoum -CM or 284 -2224 fax) For Informational Purposes Only FROM; Linda M, Martin, Clerk` RE: Request for Recommendation - Property Vacation Location: Vacation of the Right -;*Wey located orr the SoutwestComer of Eddy, Street and Adele Boulevard (aka Edison Road) (Preliminary Review? DATE: August 28, 2007 DUE: aQpgmf er 17, 2007 FAX OR E -MAIL TO:. 23"171 / lmartinasouthbendin.aov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. I 1)4-14 anch, Harner & 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 6'�\ '0' ol-09 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, Harner & Associates File # 070189.2 pjh ice filed in Clerw oil DEC 5 2001 JOl14! VAS BF:T.�,1N. 1643 Commerce Drive . South Bend, IN 46628 208 West Mars . Berrien Springs, MI 49103 office 574/234 -4003 ■ 8001594 -4003 ■ Fax 574/2344119 Office 269/471 -3010 . Fax 269/471 -7237 ORDINANCE NO. 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 65 042'03" 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 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. 1 st P.EADING L—t4- PUBLIC HEARING 3 rd READING NOT APPROVED ;ZEFERRED PASSED Mayor, City of South Bend, Indiana Filed in Clerk's Of ice DEC - 5 2007 JOHN CRY CLERK, SO. SEND, IN. 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 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 020145" 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 042103" E A DISTANCE OF 37.47 FEET ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE OF ANGELA BOULEVARD; THENCE S. 89 020137 "E A DISTANCE OF 23.71 FEET; THENCE S 65 042103" W A DISTANCE OF 63.41 FEET TO THE POINT OF BEGINNING. NAME (signed & printed) & ADDRESS Tax Key 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 t OA 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. — 4392.02 18 -5123 1 0 100' S AE V- 100' (L -1) co wE W Yip `v�kl ANGELA BLVD. (AKA EDISON ROAD) R/W UNE — r.v.d. UNE BEARING DISTANCE L1 N 0(r20'45' W 10.94 L2 N 6542 03 E 3747 L3 S 8T20'37* E 23.71 L3 S 6542'03" W 63.41 18 -5102 20.00' — 3579 (OLD R/W) RIGHT —OF —WAY M % BE VACATED Hod office �t14;:,i Cif f CLERK, 30_I;wUO, l�l. 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 1 R -.1 nn -R ,9R South Bend Housing Authority 801 S.Scott Street South Bend, IN. 46613 18 -5100 -3533 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 South Bend Heritage Foundation 803 LincolnWay W . South Bend, IN. 46616 18- 5100 -3531 University of Notre Dame Du Lac Attn: JJ Lyphout 836 Grace Hall Notre Dame, IN. 46556 1 R- .r,19R- aiagn. Kamilla Kapacinskas- Greg Horning 1126 Frances Street South Bend, IN. 46617 18- 5105 -3876 University of Notre Dame Du Lac 1130 Burns South Bend, IN. 46617 18- 5100 -3529 Trustees of Indiana University 580 E Kirkwood, Suite 204 Bloomington, IN. 47408 18 -5123- 439204 Filed In CI8fk'r (3"q "r'8 E 2-007 7 dQFm 40CIRDE CITY CLERK, So. rxio, IN. 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BoumARD SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LUE=, MAYOR . BOARD 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 5741235-5567 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. UTTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER Danch Harper 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 3 a 0 ,X." f`= 2007 STREET VACATION DIAGRAM 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, 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 PLVD, 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 6542'03" W A DISTANCE 0 63.14 FEET TO THE POINT OF BEGINNING. APPROVED � and of Public Work SEP 2 4 2007 ANGELA BLVD. (AKA EDISON ROAD) I (L -1) R/W LINE VACATION LINE BEARING DISTANCE �I N 00'2045 W P.O.S. u7 N 65'42'03" E 37.47 W S 89'20'37* E 23.71 L3 S 65'42 03 W 63.41 20.00' 0 ICU Q SME 1 "" 100' R/W LINE VACATION LINE BEARING DISTANCE L1 N 00'2045 W L2 N 65'42'03" E 37.47 L3 S 89'20'37* E 23.71 L3 S 65'42 03 W 63.41 ranch, Harner &Amaciatee, In Land Surveyors • Professional Engineers DMLandscape Architects- Land Planners Office: (574)234 -4003 / (800)594 -4003 ■ Fax: (574)234 -4119 1643 Commerce Drive • South Bend, IN 46628 0 Copyright 2006 Danch, Homer ksociates, Inc. RIGHT -OF -WAY TO BE VACATED 4 4 Ago. 28. 2007 11 :33AM BRD PUB vUORKS & SAFETY INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS No.9996 P. 1/2 TO: Carl Littrell, Engineering Department John Byomi, Area Plan Commission (235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development O /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 .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 RIght -of -Way locat6d on the $outwest Comer 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 / Imartin(absouth ben din. _qoy_ RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: _d n i ��,, 1 s:+ A4,,c A4 � IV e) dC frs.'.�P 3�g,�tks A4 p I 'W4 ?J..7 i BY :___��, J�� DATE: Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magiiozzi Executive Director Assistant Director Phone 574 235 -9571 www. stiosephcountyindiana .com/areapian Fax 574 235 -9813 September 5, 2007 The Board of Public Works 13`h 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 St. Joseph County, Indiana Au;, 28. 2007 11; 35AM �® ?'6 3RD PUB 1NORKS & SAFETY INTER - 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 Bettin, NIPSCO (irbettinanisource:com or 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk —A RE: Request for Recommendation - Property Vacation Location: Vacation of the Right-of-Way located on the Soutwest Comer 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 -8171 / Imartin(@southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED.' 8� BY: DATE: INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: v6arl Littrell, Engineering Department -John Byorni, Area Plan Commission (235 -9813 fax) Jeff�i bney- Gom=,ndy- &- Eermorrrre De b}3m t Chris Dressel, Community & Economic Development rob Mathia, Community & Economic. Development Robert Sanders, Fire Department t,,Jtck Dillon, Solid Waste L Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Be oses Only ttin, NIPSCO (jrbettin(c�nisource.com or 284 -2220 fax) Purpal 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:, 235-91711 lmartin(p )southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED.' COMMENTS & RECOMMENDATIONS: BY: DATE: 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 orbettin@nisource:com or 284 -2220 fax) For urposes Only al FROM: Linda M. Martin, Clerk—A'( RE: Request for Recommendation - Property Vacation Location: Vacation of the Rlght of Way located on the Soutwest Corner of Ede Street and Angela Boulevard (aka Edison Road) (Preliminary Review) DATE: August 28, 2007 DUE: September 17, 2007 FAX OR E -MAIL TO:. 235-9171 1 Imartin(d)southbendin.gov RETURN RECOMMENDATION -PAGE ONLY. ATTACHMENTS NOT REQUIRED.' COMMENTS & RECOMMENDATIONS: W .TE: Aug 29 07 01:19P SHPD TRAFFIC Aug. 28. 2007 11:36AM BRD PUB � ORKS & SAFETY INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS (219)235 -9308 P•5 I`o.9996 P. 1/2 TO: Carl Littrall, Engineering Department John Byomi, Area Plan Commission (235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economle.Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Gettin, NIPSCO (iTbQfin9Znj1soumLcM or 264 -2224 fax) Far In Purposes Only FROM: Linda M, Martin, Clerk` RE: Request for Recommendation - Property Vacation Location: Vacation of the Right- of-Way jo6Mad- orr th!j SoutwestComer of Eddie Street and Angela Boulevard faka Edison Road) (Preliminary Reviewl DATE: August 28, ?007 DUE: �g t� ember 17, 2007 FAX OR E-MAIL TO: 235 -91711 ImartIn _southbend1In.aov RETURN RECOMMENDATION PAGE ONLY, ATTACHMENTS NOT REQUIRED. BY: ,`� %`'� - DATE: �� L*14 Vanch, Harner & Associates, Inc. MICHAEL J. DANCH, L.A. Land Surveyors a Professional Engineers RON HARNER, P.S. Landscape Architects . Land Planners DANIEL W. AKIN, P.E., L.S. December 3, 2007 f3 (� 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 ichael J. Dan President Danch, Harner & Associates File # 070189.2 pjh 1643 Commerce Drive . South Bend, IN 46628 office 574/234 -4003 ■ 800/594 -4003 ■ Fax 5741234 -4119 V1led ii1 C' 01MG8 pEC 5 1001 ao�r. voor�oF 208 West Mars . Berrien Springs, MI 49103 office 269/471 -3010 ■ Fax 269/471 -7237 ORDINANCE NO. 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. \ ✓vim ?� `� �- .. Y �1.�- �}4- -t 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. 1st P &DING PUBLIC HEARING 3 rd READING NOT APPROVED ncrFRRED PASSED Mayor, City of South Bend, Indiana 0 000— Filed in Clerk SEC 5 V1 1�p� BEhD,��• 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), THE UNDERSIGNED PROPERTY OWNER(S), 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 BEND, 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 tG 19-b For Northeast Neighborhood Revitalization Organization, Inc. University of Notre Dame Du Lac 18- 5102 -3579 224 Flanner Hall Notre Dame, Indiana 46556 J li 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 F� tb... � � a a C.3 w e3 � � .n Ca C-) LU cz .a, U ty NAME: Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234 -4003 Attn: Michael J. Danch 3 a o' c� L h 0 J ,Y ALLEY VACATION DIAGRAM SURVEY ORDERED BY: KITE REALTY GROUP SURVEY DATED: 8 -30 -07 LOTS 72 & 73, INCLUSNE IN 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 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 P: 0 0 H c7 Pi O PQ c7 a U C/L ST. W 0 u� H C4 U LINE RIW LINE L VINCENT STREET (50'R/W) VACATED Danck, Harner &Amociatw,1► Land Surveyors • Professional Engineers Landscape Architects • Land Planners Office: (574)234 -4003 / (800)594 -4003 • Fax: (574)234 -4119 1643 Commerce Drive x South Bend. IN 46628 ,j V I ® , SCALE I'- 100' 1 1 4 12' N 9D 0 0' E N 9 Od00' E 8 $ g 8 ,a tta.00• hear 15 tte.00 11e.0o• 7 N 7 VO` .O` �•r9 g gg 0 PC 00 Z .o hear 8 by ;9 tte07 65 0� S t tear ya o` vRIW C/L ST. W 0 u� H C4 U LINE RIW LINE L VINCENT STREET (50'R/W) VACATED Danck, Harner &Amociatw,1► Land Surveyors • Professional Engineers Landscape Architects • Land Planners Office: (574)234 -4003 / (800)594 -4003 • Fax: (574)234 -4119 1643 Commerce Drive x South Bend. IN 46628 ,j V I ® , SCALE I'- 100' 1 1 4 -3579 i i 248' i CD 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 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. F-Hod, in C'let°k's Of'ric8 DEC 5 ZDD7 :Oki "J V01OR?t CITY N 72 73 � 108 1' ► 26 27 71 Q� 74 107 28 70 75 106 � z cn - -- ` 29 '.. Nr \� 6 °� 7 6 ,. ,,,. � 105 �C - � ------- - - - - -- ----------- - - - - -- - - - z 30 q----- �8 77 104 Q aP� CD 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 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. F-Hod, in C'let°k's Of'ric8 DEC 5 ZDD7 :Oki "J V01OR?t CITY 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 1R- riinn -i gs South Bend Housing Authority 801 S.Scott Street South Bend, IN. 46613 18- 5100 -3533 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 South Bend Heritage Foundation 803 LincolnWay W South Bend, IN. 46616 18- 5100 -3531 University of Notre Dame Du Lac Attn: JJ Lyphout 836 Grace Hall Notre Dame, IN. 46556 1 P-si qn- 4:iagnR Kamilla Kapacinskas- Greg Horning 1126 Frances Street South Bend, IN. 46617 18- 5105 -3876 University of Notre Dame Du Lac 1130 Burns South Bend, IN. 46617 18- 5100 -3529 Trustees of Indiana University 580 E Kirkwood, Suite 204 Bloomington, IN. 47408 18- 5123- 439204 Filed CIOTI('s 01"Ce EE] CITY c�. n so. L -VID, 141- 1316 COUNTY -Cm BUILDING 227 W, JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC STORKS September 25, 2007 Mr. Mike Danch Danch Harper & 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 i Danch Harper 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 A Martin, Clerk c: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering r 2007 SURVEY ORDERED BY: KITE REALTY GROUP SURVEY DATED: 8 -28 -07 PROJECT NO.: 0701893 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, 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 PLVD, 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. APPROVED ward of Public Wart SE>•" 2 4 2007 ANGELA BLVD. (AKA EDISON ROAD) BLVD. R BEARING a� Lt N 092045 W 10.94 h -SJY�7 37.47 L3 eo 23.71 L3 S 65-42'03' W 63.41 +c a� SUE 10s 100' r-20.001 R/W UNE VACATION LINE BEARING DISTANCE Lt N 092045 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 ®anck, Harner &Apaciatee, In Land Surveyors " Professional Engineers INNLandscape Architects" Land Planners Office: (574)234 -4003 / (800)594 -4003 ■ Fax: (574)234 -4119 1643 Commerce Drive • South Bend, IN 46628 RIGHT —OF —WAY TO BE VACATED 1 4 4 Au ,,.28. 2007 11:33AM BRD PUB V@RKS & SAFETY INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS No-9996 P. 1%2 TO: Carl Littrell, Engineering Department John Byomi, Area Plan Commission (235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development O 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 dr nisource,com or 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk —A RE: Request for Recommendation - Property Vacation Location: Vacation of the RIght -of -Way located on the $outwest Comer 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 / Imartin(a,)southb®ndin.qoy RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: All 44- BY : V17 �� DATE: Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235 -9571 www. stiosephcountyindiana .com/areaplan Fax 574 235-9813 September 5, 2007 The Board of Public Works 13'h 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 -wU be vacated. Sincerel , c R bert Nemeth Senior Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ° Avg, 28. 2007 11; 35AM an I'frJ 3RD PUB WORKS & SAFETY INTER- 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 Bettin, NIPSCO (jrbettin a nisource:com or 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk —A RE: Request for Recommendation - Property Vacation Location: Vacation of the Right -of -Way located on the Soutwest Comer of Eddy Street and Angela Boulevard (aka Edison Road) (Preliminary Review) DATE: August 28, 2007 DUE: September 17, 2007 FAX ORE -MAIL TO:, 235 -9171 / Imartino_southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. BY: DATE: INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: ,darl Littrell, Engineering Department -,John Byorni, Area Plan Commission (235 -9813 fax) Jeff -G b,ney7GommunitY &- Ecommte-Deve OPment Chris Dressel, Community & Economic Development c5ob 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 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk —A 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 Roadl (Preliminary Review) DATE: August 28, 2007 DUE: September 17, 2007 FAX OR E -MAIL TO:, 235 -9171 1 Imartin(cDsouthbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED.' COMMENTS & RECOMMENDATIONS: BY: DATE: INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: VCari Littrell, Engineering Department John Byorni, Area Plan Commission (235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dresses, 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 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk`4it 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 1 Imartinna south bend in.gov RETURN RECOMMENDATION -PAGE ONLY. ATTACHMENTS NOT REQUIRED.' COMMENTS & RECOMMENDATIONS: FEW Aug 29 07 01:19F SBPD TRAFFIC (219)235 -9308 P•5 . Aug. 28. 2007 11:36AM 9RD PUB INORKS & SAFETY ilo.9996 P. 1/2 INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS T0: Carl Littr ®II, Engineering Department John Byomi, Area Plan Commission (235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic, Development Robert Sanders, t=ire Department Jack Dillon, Solid Waste Stephen Goen, Pollce Department Cheryf Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin (dlnisourcg�corn or 284 -2224 fax) For In Purposes Only FROM; Linda M. Marlin, Clerk RE: Request for Recommendation - Property Vacation Location: Vacation of the Right- of-Way located Mth!j Soutwesteomer of Eddy Street and Angels Boulevard (aka Edison Road) (Preliminary Reviewl MATE: August 28, 2007 DUE: geptember 17, 2007 FAX OR E -MAIL. TO: 23"1711 Imardn(a.aouthbendin.aay. RETURN RECOMMENDATION PAGE ONLY, ATTACHMENTS NOT REQUIRED. �:.� .-L��T�lii1� � • � Vanch, Harner & 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 4th Floor County -City Building South Bend, Indiana 46601 Land Surveyors . Professional Engineers Landscape Architects . Land Planners 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, Harner & Associates File # 070189.2 pjh 1643 Commerce Drive . South Bend, IN 46628 office 574/234-4003 ■ 800/5944003 ■ Fax 5741234 -4119 filed In pEC 5 2001 d4t',4: VQOI�DE co, BEND,1N. 208 West Mars . Berrien Springs, MI 49103 office 269/471 -3010 ■ Fax 269/471 -7237 F. ORDINANCE NO. 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 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 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. Member 6f the Common Co cil 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. 1 sf READING L — PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED. Mayor, City of South Bend, Indiana Fi7DEC i Cierk'S Office 15,LoO lta ��e C.0 Boa IN. CITY 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), 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 Rey Number Northeast Neighborhood 18- 5100 -3525 Revitalization Organization, Inc. 803 Lincoln way West South Bend, Indiana 46615 r For Northeast Neighborhood Devitalization Organization, Inc. South Bend Heritage 18- 5101 -3556 Foundation 803 Lincoln way West South Bend, Indiana 46615 University of Notre Dame Du Lac 18- 5102 -3579 224 Flanner Hall 4Jaj. me, Indiaa 46556 +Lvypout.' V Business Operations For: University of Notre Dame Du Lac (2) For South Bend Heritage Foundation University of Notre Dame Du Lac 18- 5102 -3579 224 Flanner Hall 4Jaj. me, Indiaa 46556 +Lvypout.' V Business Operations For: University of Notre Dame Du Lac (2) CONTACT PERSON: Michael J. Danch NAME: Danch, Earner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234 -4003 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455 - COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235 -9221 r' r� ri-.113d in gEc <5�.•. CTN 3 a O e h 0 0 Flo- CITV CLERK, ALLEY VACATION DIAGRAM SURVEY ORDERED BY: KITE REALTY GROUP SURVEY DATED: 8 -30 -07 PROJECT NO.: 070189.6 THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST FAST —WEST ALLEY NORTH OF ST. VINCENT STREEr 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 MIUER'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. C OMf1I�'M• W nAn nn- "/' N N a rA W H RI a U J C/L ST. VINCENT STREET (50'R/W) 1 Allk - A 12' N9b18&0%- E N9 b D•E S .G� ;�9 118.00' g • •O• � �J � ttaoo' 1te.00• .U6 .0' •, a O g tte.0o' 11!100' r g .O. � N '�'`'• d�A g W 118.00. 8 °o tteao y b o ya. g $ 11aoo item, Tte.00' ile.ao' `. 16 1 ta.0o' 1e.00' f 1te.onR LINE VV 1te.00•R/W LINE S ®ALLEY TO BE � VACATED 0► O 10 W A U _Danck, Harner &Awactatw, Inc. 1*N 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 _DM- SCNE 1'= 100' 2 4 i i i i r r r r r 18 -5102 `� -3579 248' i v 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 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. Filved In C1cF 'v$ Offic -9 DEC 5 13 � 141V 15 16 17 N � 73 108 109 12 74 107 Q� 110 11 ``7,5 106 111 10 � ,. 76 �� 105 �� 112 ,- " 9 co w OHO 77 lb- 104 113 8 m � -70 /I i n s 114 Q� 7 i v 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 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. Filved In C1cF 'v$ Offic -9 DEC 5 13 � 141V 15 16 17 University of Notre Dame Du Lac Northeast Neighborhood John Wigfall 224 Manner 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 1 s -rn i nn g.5 South Bend Housing Authority 801 S.Scott Street South Bend, IN. 46613 18- 5100 -3533 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 South Bend Heritage Foundation 803 LincolnWay W South Bend, IN. 46616 18- 5100 -3531 University of Notre Dame Du Lac Attn: JJ Lyphout 836 Grace Hall Notre Dame, IN. 46556 I s -x;j q:j- aiAgn:i . Kamilla Kapacinskas= Greg Horning 1126 Frances Street South Bend, IN. 46617 18- 5105 -3876 University of Notre Dame Du Lac 1130 Burns South Bend, IN. 46617 18- 5100 -3529 Trustees of Indiana University 580 E Kirkwood, Suite 204 Bloomington, IN. 47408 18- 5123- 439204 Filed In ClOrk's C) "'Ce DEC 5 2007 dQF;tt VGc�RDE GEfY cLErg so. EIND, Ill. 1316 COUNTY -CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. I.UE=, MAYOR BOARD 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 5741235 -9171 TDD 574/ 235 -5567 RE: Right -of -Way Vacation — Southwest Comer 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 comer is not affected. The Board recommended this vacation favorably as long as the turning radius on the corner is not affected. GARYPI. C,ILOT, P.E. CARL P D=ELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER Danch Harper 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 X007 STREET VACATION DIAGRAM 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, 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 6542'03" 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. APPROVE' and of Public Waft SEP Z 4 2007• ANGELA BLVD. (AKA EDISON ROAD) G BLVD. � r c3 W m ® ' Fa SCALE V- 1C0' R/W LINE VACATION LINE B BEARING D DISTANCE L1 N N 00'20 45 W 1 1 10.94 L2 N N 6542'03' E 1 1 37.47 L3 S S 89'20 37 E 1 1 23.71 L3 S S 6542 03 W 1 1 63.41 Dank, Harner &Aeeaciatee, In IVA . Land Surveyors " Professional Engineers Landscape Architects- Land Planners Office: (574)234 -4003 / (600)594 -4003 . Fax: (574)234 -4119 1643 Commerce Drive • South Bend, IN 46628 RIGHT-OF-WAY TO BE VACATED 4 4 Au;. 28. 2007 11:33AM BRD PUB 41d0RKS & SAFETY INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS No. 9996 P. 1/2 TO: Carl Littrell, Engineering Department John Byomi, Area Plan Commission (235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development O/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 (d1.nisource.com or 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk —A RE: Request for Recommendation - Property Vacation Location: Vacation of the Right-of-Way located on the Soutwest Comer 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 / Imartin(cDsouthbendin.aov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: ' .Tgn ��it.. 4���,�►� 75" nrsit 4r %� BY :___1h #2/ DATE: Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com /areaplan Fax 5.4 235 -9813 September 5, 2007 The Board of Public Works 13`h 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 St. Joseph County, Indiana Aug. 28. NFQ 2007 11:35AM 3RD PUB WORKS & SAFETY INTER - 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 Bettin, NIPSCO (irbettinCa 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 Right of Way located on the Soutwest Comer 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 / ImartinO- southbendin.nov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. BY: DATE: INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: „ darl Littrell, Engineering Department ,-.khn Byorni, Area Plan Commission (235 -9813 fax) Jeff,Gibne)�-,-GGrnmu.nitjL- — CM0mrC- [3evet0M'8nt Chris Dressel, Community & Economic Development cZbb Mathia, Community & Economic. Development Robert Sanders, Fire Department tack Dillon, Solid Waste (,Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (trbettinenisource.com or 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk-/-K 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 28, 2007 DUE: September 17, 2007 FAX OR E -MAIL TO:, 235-9171 / ImartinQsouthbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED.' COMMENTS & RECOMMENDATIONS: BY: DATE: 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 (irbettin @nisource:com or 284 -2220 fax) PFor Only al FROM: Linda M. Martin, Clerk`�i� RE: Request for Recommendation - Property Vacation Location: Vacation of the Rlqht 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 oy FAX OR E -MAIL TO:, 235-91711 Imartin(a southbendin,g RETURN RECOMMENDATION -PAGE ONLY. ATTACHMENTS NOT REQUIRED.' COMMENTS & RECOMMENDATIONS: BY: Aug 29 07 01:19P SBPD TRAFFIC (219)235 -9308 P•5 Aug, 28. 2007 11:36AM 9RD PUB WORKS & SAFETY Ito, 9996 P. lit HTIER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Llttrall, Engineering Department John Byomi, Area Plan Commission (235 -8813 fax) Jeff Gibney, Community & Economic Development Chris Dressal, Community & Economic Development Bob Mathia, Community & Economic. Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Pollce Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbetti nisourc!a�corn or 284 -2226 fax) Far Informational Purposes Only FROM; Linda M, Martin, Cierkvyx RE: Request for Recommendation • Property Vacation Location: Vacation of the Right- of-Way located ory the Soutwest Comer of Eddy. Street and Angela Boulevard (aka Edison Road) (Preliminary R eview? DATE: August 28, 2007 DUE: September 17, 2007 FAX OR E -MAIL. TO: 235 -9171 / tmartin0soufhbandin.aov RETURN RECOMMENDATION PAGE ONLY, ATTACHMENTS NOT REQUIRED. By; DATE: r �� CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF THE MAYOR December 5, 2007 President Timothy Rouse South Bend Common Council 400 County -City Building South Bend, IN 46601 RE: Ordinance to Increase Teamster Wages and Amend Ordinance No. 9791 -07 Dear President Rouse: On September 24, 2007 the Council fixed 2008 wages for City employees in Ordinance #9791 -07. At that time negotiations with Teamsters Local No. 364 had not concluded. Since the Union had not yet ratified a wage proposal, Ordinance #9791 -07 provided Teamster employees with the same 2% wage increase as other City employees for 2008. On November 28, 2007, the Teamsters Union ratified the wage proposal made by the City which provides a 3% wage increase for Teamsters in 2008, with subsequent 2% raises in 2009 and 2010. Though the process for reaching an agreement extended beyond the normal deadlines, the positive result is a three -year agreement that is within the original parameters which had been discussed by Mayor and Council. Under the authority of Indiana Code 36- 4- 7 -3(c), I propose increasing Teamsters' compensation for 2008 consistent with Article 22 of the Collective Bargaining Agreement between the City and Teamster employees. This I% increase beyond the Teamster wages approved in Ordinance #9791 -07 can be accommodated within the City's 2008 budget which has been passed by the Council. It is the intent of Teamsters Local No. 364 and the Administration that this wage package be retroactive to the first of the year. I request that this ordinance be effective January 1, 2008. I will present this Ordinance to Council at its Committee meeting and at the Council's public hearing. Mr. Jim Szucs will also be available on behalf of the Teamsters. We ask for your favorable action on this ordinance. Filed In s C�ICe Sincerely, 2007 Stephen J. Luecke Mayor COUNTY -CITY BUILDING • 227 W. JEFFERSON BOULEVARD • SOUTH BEND, IND PHONE 574/235 -9261 • FAx 5741235 -9892 • TDD 574/235 -5567 Bill No. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 9791-07 FIXING AND INCREASING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2008 AND APPROVING TEAMSTER EMPLOYEE WAGES FOR 2009 -2010 STATEMENT OF PURPOSE AND INTENT Ordinance #9791 -07 was passed by the South Bend Common Council on September 24, 2007 during a time when labor wage negotiations were ongoing but not concluded between the City and its Teamster hourly employees. These negotiations concerned the Wage provision (Article 22) of the Master Collective Bargaining Agreement between the City of South Bend and Teamster Local No. 364 dated December 11, 2006 which fixed wages solely for the year 2007. On or around November 28, 2007, the Teamster's union members ratified wages for calendar years 2008, 2009, and 2010. This ordinance provides for a I% increase in wages for City Teamster hourly employees over the wages fixed in previously passed Ordinance #9791 -07, and a 2% pay raise to Teamster workers in calendar year 2009 and a 2% pay increase in calendar year 2010. The specific hourly wages are listed in the attached exhibit. Indiana Code 36- 4- 7 -3(c) provides that the Mayor may increase compensation fixed under the City's wage ordinance during the budget year for which it is fixed. The Mayor has confirmed that this ordinance will not increase the gross City budget for 2008, and that approval of this ordinance is in the fiscal best interest of the City. To achieve the intent of the contractual relationship between the City and its Teamster employees, it is necessary that the effective date of this ordinance be January 1, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Maximum Compensation (a) The maximum amounts to be paid as compensation for Teamster employees for the City of South Bend, Indiana are hereby established as set forth in the attachment, which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly, wages are set and paid on a Bi- Weekly basis. Amounts by department and alphabetical position are set forth as well as the hourly wage for each position. Section H. Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated by Reference. (a) Holidays. Holidays designated by the Collective Bargaining Agreement shall govern Teamster employees for the calendar year 2008 - 2010. (b) Vacations. Vacation for Teamster employees shall be as set forth in the Collective Bargaining Agreement, incorporated herein by reference. (c) Insurance. (1) Comprehensive Major Medical Insurance Prollram/Preferred Provider Organization (PPO). The City shall maintain a comprehensive major medical insurance program that all Teamster employees may participate in. (2) Flexible Spending Account. The City shall contribute Five Hundred Dollars ($500) into each qualifying Teamster employee's individual flexible spending account each plan year. (3) Short and Long Term Disability. Short and Long Term Disability shall be as set forth in the Collective Bargaining Agreement and the City's Personnel Policies and Procedures Manual, as it may be amended from time to time, which is incorporated herein by reference. (4) Payment for Election to Leave Employer's Comprehensive Maior Medical Insurance Prolzram. The City shall pay one hundred and thirty ($130) per month to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory, and the Employee who made such election may return to the City's comprehensive major medical Insurance Program, provided that the conditions of the City's Comprehensive Major Medical Insurance Program are met, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty ($130) payment per month thereafter. (5) Life Insurance. The City shall provide term life insurance coverage in an amount not less than Fifteen Thousand Dollars ($15,000) for each Teamster employee. Such insurance shall become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year, whichever is later. (6) Benefit Waiting Period. The City notes that life insurance, comprehensive major Medical Insurance, and short term disability programs require a minimum of sixty (60) day eligibility period; and that the long -term disability program requires a minimum of a ninety (90) day eligibility period which Teamster employees must meet. (d) Other Monetary Fringe Benefits. All other fringe benefits shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time and the Collective Bargaining Agreement. If there is a conflict between Policy and the Bargaining Agreement, the Bargaining Agreement shall prevail. Section III. In order to effectuate the intent of the City and Teamsters' wage agreement, this Ordinance shall be in full force and effective from and after its passage by the Common Council, approval by the Mayor, and made retroactive to January 1, 2008. T T, i h` lk- 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. Deputy City Clerk Approved and signed by me on the Day of , 2 , at o `clock m. Mayor, City of South Bend, Indiana 1 st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Filed In C4prk's 01fice DEC - 5 2007 ,lolifd 1 DOME C!T} rLEi3K, sQ. S:fzo, IM — CITY OF SOUTH BEND CONTRACT WITH TEAMSTER LOCAL UNION # 364 200T 2008 2009 Rates Rates 2010 0.38 GENERALFUND: Increase TRAFFIC AND LIGHTING DEPARTMENT (fund # 101 -602) Increase Staff Positions: Increase Group Leader - Traffic & Lighting 15.58 Operations Technician 14.98 Sign Artist 15.69 Signal Technician 1 15.52 Signal Technician It 15.20 Signal Technician II - Job Leader 16.80 BUILDING MAINTENANCE (fund # 101.606) 3% Staff Positions: 2% Building Engineer 2% Building Maintenance 14.76 General Laborer (Bldg Janitors) 13.54 Maintenance Technician I (Bldg. Eng.) 17.28 SPECIAL REVENUE FUNDS: 3% PARK AND RECREATION DEPARTMENT (fund #201 -1100 thru 201 -1104) Staff Positions: 17.36 ArbodstI 16.32 Arborist 11 17.73 Arbodst/Weed Control 15.69 Asst Greens Superintendent 15.92 Athletic Field Maintenance 14.86 Building & Structure Mtce -Zoo 17.10 Bldg Mtce - Custodian & Laborer 13.54 Construction Mtce / Carpenter 1 16.56 Construction Mtce / Carpenter 11 17.10 Construction Mice / Carpenter III 17.73 Construction Mtce / Mason 17.10 Construction Mtce / Welder 17.10 Closing Keeper 14.28 Courier 14.86 Dietician 14.13 East Race Group - Leader /Const Mtc 1 15.69 Electrician - Park 17.73 Equipment Operator II - Park 14.69 Golf Equipment Operator 14.41 General laborer 13.54 Group Leader- Recreation 15.69 Group Leader - Street Island 15.69 Group Leader- Leeper 15.69 Group Leader - Plaza 15.69 Group Leader- Zoo 15.69 Grower I 14.73 Grower II 15.28 Grower III 15.69 Head Custodian 14.13 Heavy Equipment Operator 15.92 Heavy Equipment Operator II 16.32 Zoo Keeper I 13.54 Zoo Keeper II 1426 Zoo Keeper III 14.86 Zoo Keeper N 15.69 Mechanic N - Park - Garage 16.10 Mechanic N - Park - Golf 16.10 Operator 1 1427 Painter N 16.10 Plumber N - Park 17.73 Skilled Labor 1 14.08 Veterinarian Tech 16.32 Zoo Grounds Mtce 14.86 STREET DEPARTMENT (MOTOR VEHICLE HIGHWAY FUND # 202) : Staff Positions: 18.32 Equipment Operator 1 1427 Equipment Operator II 14.77 Equipment Operator 111 15.35 % 2009 % 2010 % Increase Rates Increase Rates Increase 16.05 3% 16.37 2% 18.70. 2% 15.43 3% 15.74 2% 16.05 2% 16.16 3% 16.48 2% 16.61 2% 15.99 3% 16.31 2% 16.63 2% 16.69 3% 17.02 2% 17.36 2% 17.30 3% 17.65 2% 18.00 2% 15.20 3% 15.51 2% 15.62 2% 13.95 3% 14.23 2% 14.51 2% 17.80 3% 18.15 2% 18.52 2% 16.81 3% 17.15 2% 17.49 2% 10.26 3% 18.63 2% 19.00 2% 16.16 3% 15.48 2% 16.01 2% 16.40 3% 16.73 2% 17.06 2% 15.31 3% 15.61 2% 15.92 2% 17.61 3% 17.97 2% 18.32 2% 13.95 3% 14.23 2% 14.51 2% 17.06 3% 17.40 2% 17.75 2% 17.61 3% 17.97 2% 10.32 2% 18.26 3% 18.63 2% 19.00 2% 17.61 3% 17.97 2% 18.32 2% 17.61 3% 17.97 2% 18.32 2% 14.71 3% 15.00 2% 15.30 2% 15.31 3% 15.61 2% 15.92 2% 14.55 3% 14.84 2% 15.14 2% 16.16 3% 16.48 2% 16.81 2% 18.26 3% 18.63 2% 19.00 2% 15.13 3% 15.43 2% 15.74 2% 14.84 3% 15.14 2% 15.44 2% 13.95 3% 14.23 2% 14.51 2% 16.16 3% 16.48 2% 16.01 2% 16.16 3% 16.48 2% 16.81 2% 16.16 3% 16.48 2% 16.81 2% 15.16 3% 16.40 2% 16.81 2% 16.16 3% 16.48 2% 16.81 2% 15.17 3% 15.48 2% 15.78 2% 15.74 3% 16.05 2% 16.37 2% 16.16 3% 16.48 2% 16.81 2% 14.55 3% 14.84 2% 15.14 2% 16.40 3% 16.73 2% 17.06 2% 16.81 3% 17.15 2% 17.49 2% 13.95 3% 14.23 2% 14.51 2% 14.71 3% 15.00 2% 15.30 2% 15.31 3% 15.61 2% 15.92 2% 16.16 3% 15.48 2% 16.81 2% 16.58 3% 16.91 2% 17.25 2% 16.58 3% 16.91 2% 17.25 2% 14.70 3% 14.99 2% 15.29 2% 16.58 3% 16.91 2% 17.25 2% 18.26 3% 18.63 2% 19.00 2% 14.50 3% 14.79 2% 15.09 2% 16.81 3% 17.15 2% 17.49 2% 15.31 3% 15.61 2% 15.92 2% 14.70 3% 14.99 2% 1529 2% 15.21 3% 15.52 2% 15.83 2% 15.81 3% 18.13 2% 16.45 2% General Laborer 13.54 13.95 3% 14.23 2% 14.51 2% 2% Heavy Equipment Operator 1 15.92 16.40 3% 16.73 2% 17.06 17.49 2% Heavy Equipment Operator It 16.32 16.81 3% 17.15 2% INTERNAL SERVICE FUND: EQUIPMENT SERVICES (fund # 222) Staff Positions: 14.76 15.20 3% 15.51 2 % 15.82 2% Building Maintenance 16.37 16.86 3% 17.20 2% 17.54 2% Body Repair TV 17.27 17.79 3% 18.14 2 % 18.51 2% Body Repair V General Laborer (Janitor) 13.54 13.95 3% 14.23 2% 14.51 2% Machinist IV 16.37 16.86 3% 17.20 2% 17.54 2% MachlnistV 17.27 17.79 3% 18.14 2% 18.51 2% Mechanic III 15.61 16.08 3% 16.40 2% 16.73 2% Mechanic 16.36 16.85 3% 17.19 2% 17.53 2% Mechanic V 17.27 17.79 3% 18.14 2% 16.51 2% • Pans Clerk 1 14.73 15.17 3% 15.48 2% 15.78 2% Pans Clerk II 15.40 15.86 3% 16.18 2% 15.50 2% Parts Chaser 11.17 11.51 3% 11.74 2% 11.97 2% ENTERPRISE FUNDS: SOLID WASTE (fund # 610) Staff Positions: 15.33 15.79 3% 16.11 2% 16.43 2% Driver Operator 1 14.27 14.70 3% 14.99 2% 15.29 2% Operator ll 14.56 15.00 3% 15.30 2% 15.60 2% Equipment Operator III (Code) 15.00 15.45 3% 15.76 2% 16.07 2% 2% Job Leader 16.77 17.27 3% 17.62 2% 17.97 Picker 1 14.64 15.08 3% 15.38 2% 15.69 2% Picker II 14.99 15.44 3% 15.75 2% 16.06 2% ORGANIC RESOURCES (fund # 641 -0630 - partial) Staff Positions: Heavy Equipment Operator] 15.92 16.40 3% 16.73 2% 17.06 2% Heavy Equipment Operator 11 16.32 16.81 3% 17.15 2% 17.49 2% Job Leader 17.03 17.54 3% 17.89 2% 18.25 2% General Laborer 13.54 13.95 3% 14.23 2% 14.51 2% WASTEWATER (fund # 641 -0630 partial) Staff Positions: 15.65 16.12 3% 16.44 2% 16.77 2 CSO Rep 1 15.32 16.81 3% 17.15 2% 17.49 2% CSO Rep 11 16.32 16.81 3% 17.15 2% 17.49 2% Dewater Operator 14.91 15.36 3% 15.66 2% 15.98 .2% Operator I - Wastewater 13.54 13.95 3% 14.23 2% 14.51 2% General Laborer 0.38 0.39 3% 0.40 2% 0.41 2 Janitor Lift Station - Rep 1 16.32 16.81 3% 17.15 2% 17.49 2% Lift Station - Rep 11 17.00 17.51 3% 17.86 2% 18.22 2% Maintenance Electrician I 15.37 15.83 3% 16.15 2% 15.47 2% 2% Maintenance Electrician II 15.69 16.16 3% 16.48 2% 16.81 2% Maintenance Electrician III 17.00 17.51 3% 17.86 2% 1822 2% Maintenance Electrician N 17.68 18.21 3% 18.57 2% 18.95 2% Maintenance Electrician V 18.34 18.89 3% 19.27 2% 19.55 Maintenance Lead 19.03 19.60 3% 19.99 2% 20.39 2% Maintenance Repair 1 15.65 16.12 3% 16.44 2% 1677 2% Maintenance Repair II 16.32 16.81 3% 17.15 2% 17.49 2% Maintenance Repair III 17.00 17.51 3% 17.66 2% 18.22 2% Maintenance Repair N 17.68 18.21 3% 18.57 2% 18.95 2% Operator - General 16.32 16.81 3% 17.15 2% 17.49 2% Operator - Lead 19.03 19.60 3% 19.99 2% 20.39 2% Operator - Senior 17.00 17.51 3% 17.86 2% 18.22 2% Operator I-Wastewater 14.91 15.36 3% 15.66 2% 15.98 2% Relief Operator 14.98 15.43 3% 15.74 2% 16.05 2% Sanitation operator(Jan[tor/WW) 14.23 14.65 3% 14.95 2% 15.25 2% SEWER DEPARTMENT (fund # 641 -0621) Staff Positions: General Laborer Heavy Equipment Operator 1 15.92 16.40 3% 16.73 2% 17.05 2% Job Leader 17.17 17.69 3% 18.04 2% 18.40 2% Operator 1 14.27 14.70 3% 14.99 2% 15.29 2% Operator II 14.77 1521 3% 15.52 2% 15.83 2% Operator III 14.86 15.31 3% 15.61 2% 15.92 2% WATER WORKS (fund # 620) Staff Positions: Auditor I - Barg. 14.61 15.05 3% 15.35 2% 15.66 2% Auditor 11- Barg. - 15.57 16.04 3% 16.36 2% 15.68 2% Auditor III - Barg. 16.81 17.31 3% 17.66 2% 18.01 2% 2% Auditor IV - Barg. 17.15 17.66 3% 18.02 2% 18.38 2% Clerk Dispatcher III 15.07 15.52 3% 15.83 2% 16.15 2% Shut off Clerk 13.49 13.89 3% 14.17 2% 14.45 2% Courier /Supply Clerk 14.84 15.29 3% 15.59 2% 15.90 2% Crew Chief 14.80 15.24 3% 15.55 2% 15.86 Customer Service & Billing 13.74 14.15 3% 14.44 2% 14.72 2% 2% Data Processor 15.17 15.63 3% 15.94 2% 16.26 2% Engineering Aide III 16.15 16.63 3% 16.97 2% 17.31 2% Field Repairman/Insp 1 15.94 16.42 3% 16.75 2% 17.08 2% Field Repairman / Insp It 16.15 16.63 3% 16.97 2% 17.31 Field Repairman / Insp III 15.35 16.84 3% 17.18 2% 17.52 2% General Laborer 13.54 13.95 3% 14.23 2% 14.51 2% Group Leader - Water Works 15.10 16.58 3% 16.91 2% 17.25 2% Heavy Equipment Operator 1 15.92 16.40 3% 16.73 2% 17.06 2% Heavy Equipment Operator II 16.50 17.00 3% 17.33 2% 17.68 2% Janitor 13.63 14.04 3% 14.32 2% 14.61 2% Job Leader 16.77 17.27 3% 17.62 2% 17.97 2% Machinist 16.15 16.63 3% 16.97 2% 17.31 2% Maintenance Tech - Helper 13.92 14.34 3% 14.62 2% 14.92' 2% Maintenance Tech 1 14.82 15.26 3% 15.57 2% 15.88 2% Maintenance Tech II 15.23 15.69 3% 16.00 2% 15.32 2% Meter Serviceman III 14.51 14.95 3% _ 15.24 2% 15.55 2% Meter Serviceman IV 15.07 15.52 3% 15.83 2% 18.15 2% Operator 1 14.27 14.70 3% 14.99 2% 15.29 2% Operator ll 14.56 15.00 3% 15.30 2% 15.60 2% Operator III 14.86 15.31 3% 15.61 2% 15.92 2% Payment Processor - Lead 13.83 14.24 3% 14.53 2% 14.82 2% Utility Operator 13.65 14.06 3% 14.34 2% 14.63 2% Filed In Clerk's Office D EC - 5 2007 JOHN VOORDE CITr" CLERK, SO. BEND, IN a 1200 CouNTY- -CI1l 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 & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTNE DIRECTOR January 7, 2008 6- 1 j � t) 4 C:--) S —� South Bend Common Council 4t' 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 General/LTV 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@southbendin.gov with any questions you have concerning this ordinance. Sincerely, Ann E. Kolata Senior Development Specialist Filed In Clerk's Office JAN - 9 2008 JOHN VO �E� J JD, JN. CITY CLERK, SO. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235 -9660 574/235 -9371 ELIZABETH LEONARD FAx: 574/235 -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 II 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 Grant was 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. Isf READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED. Mayor, City of South Bend, Indiana Filed In Clerk's Office JAN - 9 2008 JOHN VOORDE CITY CLERK, EQ. BEND, IN. CovNTr- CrrYBLuDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDLkNA 46601 -1830 CITY OF SOLTI'I-I BEND STEPHEN J. LUECKE, MAYOR PHONE 574 /235 -9216 FAx 574/235 -9928 TDD 574/235 -5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER January 2, 2008 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, Ott Murphy Assistant/Acting City Controller Attachment Filled std i.Z. id's office T_ JAN - 9 5 Ntd l'OOROE C^,Y UERK, SO. BEIM, IU. JANICE L. HALL JOHN MURPHY - - RoBERTALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUMAN RFsouRCEs INFoRMATIoNTEcHNoLocY 6 I(k'- 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 $291,205 every six months beginning August 15, 2011 and ending February 15, 2026. Additional principal and interest payments may be made without penalty. SECTION III: This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2008, at o'clock _ . m. City. Clerk Approved and signed by me on the day of o'clock . m. Ist READING l `1 -Q PUBLIC HEAPING � rd READING NOT APPROVED REFERRED. , 2008, at Mayor, City of South Bend, Indiana Filed In Clark's O 3$cs JAN - 9 2008 d� °'•iii 'dC�s�iauE CITY CLE[ii . oEND, IN. 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 Principal Payment Principal 5,300,000 795,000 6,095,000 $291,204.72 Rate 0.05 8/15/2011 291,205 Term (Yrs) 15 138,830 5,956,170 Payment Interest Principal 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 2/15/2016 291,205 117,825 173,379 4,539,638 8/1512016 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 0 iL CD oo 0 aLU �m rn �' ° o CD td lU 0 iL 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 & ECONOMIC DEVELOPMENT p JEFFREY V. GIBNEY January 7, 2008 EXECUTIVE DIRECTOR &-�t l 0)-erg 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 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 Filed In Clerk's Office JAN - 9 2008 JOHN VOORDE CITY CLERK, SO. SEND, IN. FINANCIAL & PROGRAM MANAGEMENT O ELIZABETH LEONARD lY 574/235 -9371 (T��� 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 thb Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 20 , at o'clock m. City Clerk Approved and signed by me on the day of o'clock m. 1 st READING PUBLIC HEARING 3 rd READING NOT APPROVES, REFERRED PASSED 20 , at Mayor, City of South Bend, Indiana day of Hied to Clerk's Of Eire JAN - 9 2008 CiT1yCU1%N(1 So. l FMI, It1. ti 00, oz. 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 III. The Common Council of the City of South Bend, Indiana, hereby finds that: 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. PRESENTED l -- L�A — O F40_T, APPROVED. ADOPTED Member of the Common Council FilEjoHti d In Clerl6'e Office 1-1.-T xeJRDE C ITY CLLR(,_- BEi�D 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 tie's 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 • 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 present Wissco Irrigation Co., Inc. operation at 1820 South Bend Avenue. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner 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, PaWSrown, ASLA President Property Owners within 300' of 1939 Charles Street Petitioner: 24 -1008 -0663 24 -1008 -0655 / 24- 1008 -0656 24 -1008 -0664 24 -1008 -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, IN 46617 1920 Charles 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 Harbridge Drive Granger, IN 46530 24- 1002 -0553 Jinco, Inc. 940 Industrial Parkway Elkhart, IN 46516 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 11 -16 -07 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, IN 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 -0647 Mr. & Mrs. Leo Mundt 1944 Charles Street South Bend, IN 46637 24 -1008 -0648 24 -1008 -0649 Mr. & Mrs. Jose Catral, Jr. 1923 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, IN 46204 24- 1008 -0665 24- 1008 -0666 Mr. & Mrs Stephen Farekas 1947 Charles Street South Bend, IN 46637 yy,M1 �O � T'Y: s .•. `�E'.:e k �+tW'' at fa'ctwrt w'sw"•.'r<.+,a'..."..` ._..�. - _�,: y .t , i ! �^ i'' 7: . a•�i rn.lSft'wl..l�'21'tlf'. !� ' (l y� 'r%nn &i, ..YV fa � ��j]�7 • •77 ti ear M1� MOs'at, Via^ r: :�' '�Ii a f'' / i�e •y'y.�• »i C�•s r ,�Y.Jj,�� �. S o-� f :r • ,' r � � Y SS� "'� >,e: +�1 � `J�, "je it}F tk P�- • + t y � `C 4 jv#- 1 • ,r't..,P ' rr�i E�� .•�ii,�M. " � r-. F � . Ii' Ti ��,♦'a�l� ,�•, ,r,�, ♦ � �. e. . 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TEANNED�.R ,m9.AaN° L���„�;ENNeED�D.D PLPN VIEW NEW PARKING LOT STORM DRAINAGE CALCULATIONS ,,,,,eefPAYENENr p Im ONHOe6F •9,,PA QLL BTdiAOE RE WmEO R 'AYELoRNru�em,D3 vewYrav O ^6.100 Gam. AT.014 Wtm OK ero FR�TeeORAOE m lem au. DRYV+EUn.e.woDn TOTALeTORAOE•2I.e5— - / ISTING / \\. PARKING ECTYN D ervE Oscar's Billiard Club C7. —_ e, eEU c DEN Al' 9- EXISTING / ® PARKING mv. w,Le EXISTING / 'r o.c °„� DRIVE/ w OgLV. NNIe I4ANy / FlR ORADE W.Y YIAY / NN 4 ELEVATIONISECTION / Blarney Stone Yr /Wines &Spirits roeE erNNEnw srY.a me��.Tiew°Fwn / 2 WOOD SCREEN NOTTOU —'E \ EXISTING EX. PARKING / DRIVE EXISTING \ STORAGE YARD EXISTING DRIVE CHARLES STREET 60' RAN SITE PLAN u 1 0 20 40 60 SCALE: 1" m 20'-0" NORTH STATE OF INDIANA RETENTION AREA PROPOSED PARKING LOT 37 SPACES — Wissco Irrigation Co. 1 ' l I DR I f T. qA 1'.. I •: 1.. T I .•1 101 •' ' . I •: I ORYwEU' II LAWN SPFlINKLER SYSTEMS 1820 South Bend Avenue South Bend, Indiana 46637 L- exD or reNee I I• � idMlN000Fxnevl I -annvn DrwNADeem I — I . 1 Ib yrn•neeiocNruL 1 I' V 1�1•. ( WU' PI ,Ae r 1 e,wANOeueH a• + °gpAFA °lN,f � . _j reuwLe reuwu uv« r°, I N I I I I HOUSE I I I 1 60' LANDSCAPE ARCHITECT (' ITT/E{ Sit�Sc4pP.LS INC. LANDSCAPE ARCHITECNREMO PLANNING rNOr�Eis;.isse;: i EN..18 m,.ia elouNA..s.. Nl M,M 9nn7 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, 2007 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 12/20/07 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 "SFl" Dear Council Members: The above referenced petition of FTC Properties LLC was legally advertised on December 6, 2007. The Board of Zoning Appeals gave it a public hearing on December 20, 2007 at which time the following action was taken: Upon a motion by Mr. Sassano, being seconded by Mr. Kilbase and unanimously carried, 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, ,r Charles C. Bulot Interim Building Commissioner CCB /cah FTC PROPERTIES LLC (parking in "SF I" District) SPECIAL EXCEPTION PURSUANT 31- 09.3(D) BOARD OF ZONING APPEALS CITY OF SOUTH BEND, INDIANA FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO TIIE PUBLIC HEALTH, SAFETY, COMFORT, CO1 INJUNITY MORAL ST.,\NDARDS. CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALLIES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND C- O:L /PREHEJ \'SJI E PL. AI BECAUSE: It is the feeline of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special. Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION .ADOPTED this 20TII Day of DECEMBER. 2007. YES NO ® RICHARD KILBASE ® CHRISTOPH HOFFIv1AN ® DAVID SASSANO ® MAURICE HOBAN ® ELONDA WILDER- HAMILTON RESOLUTION NO. 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 WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as vacant land in the Airport Economic Development area, South Bend, Indiana, and which is more particularly described as follows: Kidders Olive Road Minor Subdivision Lot 2 and which has Key Number 025- 1011 - 018601, as an Economic Revitalization Area; 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 remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization 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 confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of seven (7) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. PRESENTED NOT APPROVED ADOPTEQ Member of the Common Council He'd in Clerk's OffiC8 AUG 55 2007 MEN VOORDE CITY CLEM, S0. BEND, IN. 6- �\ 0'-�) -06 -off RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 6804 MACKEY COURT (OR 1511 STADIUM DRIVE), 6812, 68169 68209 68249 68289 68329 68369 68409 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 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 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 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 & 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 A Non - 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 A Non - 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 The Northeast, Having A Radius Of 60.00 Feet, Subtended By A Chord Of 119.99 2 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 q., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et se q., 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: 3 A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature;. C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. 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 abatemcnt 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. 4 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. PRESENTED \ I - Z-tK =0 ei NOT APPROVEb ADOPTED 5 w.. �e. Member of the Common C Ipcil Filed In Clerk's Of ice D EC - 5 2007 4V:) Of3CE CITY C7 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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, 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 918 North Saint Peter Street, South Bend, Indiana, and which is more particularly described as follows: West one -half Lot 128 Sorins 2nd Addition and this property 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 se q., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et 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 significant building deficiencies; or F: The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et se q. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PPESENIiED ('t-t -o P407 APPP.OVED ADOPTED 3 Member of the Common Counc' filed GjeCE�' Gface pEC � 0 7001 011 . J 6-\A� PC) - O�. QL_ RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3950 WILLIAM RICHARDSON COURT AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (6) SIX -YEAR REAL PROPERTY TAX ABATEMENT FOR RYAN FIREPROTECTION, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated 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, as an Economic Revitalization Area; 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 remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for. an economic revitalization 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 confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of six (6) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et se . SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. PFESEM'E6 L8 FM XPPROVE6 W ©OPTED � d1 Member of the Common Coun Mg K JAN - 7 2GG3 CIV l CouNIY -CTtY BunniNG 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 5741235-9216 FAx 574/235 -9928 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLo CONTROLLER January 23, 2008 Mr. Timothy Rouse, President South Bend Common Council 4`h Floor, County -City Building South Bend, IN 46601 Dear President Rouse: The attached resolution for your consideration and approval will authorize the City of South Bend Building Corporation to refund its 2001 County Option Income Tax Lease Rental Revenue Bonds. Through this refunding, the City is expected to realize savings in debt service costs of approximately $90,000 per year for the years 2008 through 2021. I will present this resolution 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, 1)0-1- J). m John H. Murphy Assistant/Acting City Controller Attachment Im Fued Will, jo 2 �,k°i'r CSI. ^:.;i, - ___.�.,.e..:�..- -.•-.° JANicE L. HALL JOHN MURPHY ROBERTALLEN _Y DIRECTOR ASSISTANT CONTROLLER DIRECTOR, iiii HUMAN RESOURCES INFORMAnoNTECHNOLOGY — (S-�A� P6- RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REGARDING THE AMENDMENT OF THE LEASE WITH THE CITY OF SOUTH BEND BUILDING CORPORATION DATED AS OF MARCH 1, 2001, AS AMENDED BY AN ADDENDUM TO LEASE DATED AS OF APRIL 23, 2001, PREVIOUSLY ENTERED FOR THE CONSTRUCTION AND EQUIPPING OF A NEW PUBLIC WORKS SERVICE CENTER FACILITY AND REGARDING CERTAIN RELATED MATTERS WHEREAS, the Common Council of the City of South Bend, Indiana (the "Common Council ") previously approved of the sale and issuance by the City of South Bend Building Corporation (the "Building Corporation ") of its lease rental revenue bonds in one or more series in an aggregate principal amount not to exceed $10,000,000 to finance the costs of the construction and equipping of a new public works service center facility (the "Project "), pursuant to Ordinance No. 9203 -01 adopted on March 12, 2001; and WHEREAS, the City of South Bend, Indiana (the "City ") previously entered into a lease upon the Project between the City and the Building Corporation dated as of March 1, 2001, as amended by an addendum to lease dated as of April 23, 2001 (the "Lease "); and WHEREAS, the Building Corporation issued and sold its County Option Income Tax Lease Rental Revenue Bonds of 2001 in the aggregate principal amount of Nine Million Two Hundred Fifty Thousand and 00 /100 Dollars ($9,250,000.00) (the 'Prior Bonds ") to finance the costs of the Project; and WHEREAS, the Common Council desires to have the Building Corporation proceed to refund the Prior Bonds outstanding after February 1, 2008 in the aggregate principal amount of Seven Million One Hundred Forty -five Thousand and 00 /100 Dollars ($7,145,000.00) to result in a savings, the proceeds of which will be used to (i) finance the refunding of the Prior Bonds, and (ii) to pay the costs of issuance of the refunding bonds which bonds would be issued in an aggregate principal amount not to exceed Seven Million Two Hundred Thousand and 00 /100 Dollars ($7,200,000.00) (the 'Refunding Bonds "); and WHEREAS, the Common Council desires that the Lease be amended to reduce the semiannual lease rentals to correspond to the actual debt service as established pursuant to the terms of the sale of the Refunding Bonds; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Common Council hereby authorizes the Building Corporation to proceed with the refunding of its previously issued County Option Income Tax Lease Rental BDDB01 5104519v2 Revenue Bonds of 2001 outstanding after February 1, 2008 in the aggregate principal amount of Seven Million One Hundred Forty -five Thousand and 00/100 Dollars ($7,145,000.00) to achieve a savings for the City. The Common Council hereby approves of the sale of the Refunding Bonds in an aggregate principal amount not to exceed Seven Million Two Hundred Thousand and 00 /100 Dollars ($7,200,000.00). 2. The Mayor, the City Clerk and the Controller, and such other officers of the City as may be necessary and appropriate, are, and each of them is, hereby authorized to take any and all actions and to execute all such instruments as may be necessary or appropriate to accomplish the advance refunding of the outstanding Prior Bonds, in such forms as the officers executing the same shall deem proper, to be evidenced by the execution thereof, including, without limitation, (i) executing a second addendum to lease to provide for lower annual lease rental payments as a result of the refinancing of the outstanding Prior Bonds, and (ii) entering into a continuing disclosure undertaking agreement to provide continuing disclosure with respect to the Refunding Bonds as required under the federal securities laws. 3. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. PRESENTED NOT" APPROVE U) ADOPTED ' BDDBOI 5104519v2 Member of the Common Council -2- LJ AN '2 CITY CLERW', n- 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 & ECONOMIC DEVELOPMENT January 22, 2008 South Bend Common Council Fourth Floor Council Chambers 400 County -City Building South Bend, IN 46601 Dear Council Members: JEFFREY V. GIBNEY EXECUTIVE DIRECTOR 0 �) \ M Qc). n�i -od The attached bill for your consideration and approval will allow us to close the Sample -Ewing Development Area (SEDA) TIF fund (Fund 414) and transfer all monies to the Airport Economic Development Area (AEDA) TIF (Fund 324). This change is necessary to mesh with the expansion of the AEDA to include the SEDA boundaries and will allow us to account for funds more properly. If you have any questions, please call me at 235 -9330. 1 will present the bill at your February 11th meetings. Sincerely, SL _� Elizabeth Leonard Director Financial & Program Management cc: Don Inks John March Nick Witwer Filed In Clerk's Office JAN 2 3 %C3g JOHN VOORDE CITY CLERK, SO. BEND, IN. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM Al PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235 -9660 574/235 -9371 ELIZABETH LEONARD VV FAx: 574/235 -9697 574/235 -9371 P 0 - 4 - ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CLOSING SEDA TIF FUND NO. 414 AND TRANSFERRING REMAINING FUNDS TO AEDA TIF FUND NO. 324 STATEMENT OF PURPOSE AND INTENT On June 25, 2007 by Resolution No. 3763 -07 this Common Council approved an Order of the Area Plan Commission expanding the boundaries and area within the Airport Economic Development Area (AEDA) which Order, among other things, incorporated and consolidated within the AEDA the previously designated Tax Increment Finance (TIF) district known as the Sample - Ewing Development Area (SEDA). The South Bend Redevelopment Commission approved the expanded Airport Economic Development Area by Resolution No. 2351 on July 20, 2007. Consistent with the absorption of the Sample -Ewing Development Area (SEDA) into the Airport Economic Development Area (AEDA), it is necessary and appropriate to close SEDA TIF Fund No. 414, and transfer any funds remaining in that account to AEDA TIF Fund No. 324. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section I. The Sample -Ewing Development Area TIF Fund No. 414 shall be closed. Section 11, The balance of any funds remaining in SEDA TIF Fund No. 414 shall be transferred to Airport Economic Development Area (AEDA) TIF Fund No. 324. 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, South Bend Common 06uncil 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 —. In. I st READING I L�-,o S) PUBLIC HEAPING 3 rd READING NOT APPROVED REFERRED PASSED 2 , at _o'clock Mayor, City of South Bend, Indiana Filed In Clerk's Office JAN 2 2`73 IrM I CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF THE MAYOR January 23, 2008 President Timothy Rouse South Bend Common Council 400 County -City Building South Bend, IN 46601 RE: An Ordinance Amending Ordinance 9790 -07, Fixing Maximum Salaries and Wages of Appointed Officers and Non - Bargaining Employees of the City of South Bend, Indiana, For the Calendar Year 2008 Dear Mr. Rouse: On September 24, 2007 the Council fixed 2008 wages for all City employees in Ordinance #9790 -07. This Ordinance amends the prior ordinance to reflect a pay increase consistent for all City employees. It is the intent that this wage package be retroactive to the first of the year. I request that this ordinance be effective January 1, 2008. I will present this Ordinance to Council at its Committee meeting and at the Council's public hearing. I ask for your favorable action on this ordinance. Sincerely, Stephen J. Luecke Mayor F FilEj,osj� d n1 Clerk's p#Ice 2008 RDE CITY Ci O COUNTY -CITY BUILDING' 227 W. JEFFERSON BOULEVARD • SOUTH BEND, INDIANA 46601 PHONE 574/235 -9261 • FAx 574/235 -9892 • TDD 574/235 -5567 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 9790 -07 FIXING MAXIMUM SALARIES AND WAGES OFAPPOINTED OFFICERS. AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2008 STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted Ordinance 9790 -07 on September 24, 2007, which established the annual compensation for all non - bargaining employee positions with the City of South Bend for calendar year 2008. It has been determined that Ordinance 9790 -07 be amended to adjust the salaries of all non - bargaining employees. This Ordinance, by its amended Attachment "I", sets forth the maximum amounts to be paid to non - bargaining personnel employed by the City of South Bend for the calendar year 2008. This Ordinance establishes such compensation for approximately 420 non- bargaining employees by specific position and title, certain of which positions were inadvertently omitted in Ordinance 9790 -07 and are specifically identified in this Ordinance. Indiana Code 36- 4- 7 -3(c) provides that the Mayor may increase compensation fixed under the City's wage ordinance during the budget year for which it is fixed. The Mayor has confirmed that this ordinance will not increase the gross City budget for 2008, and that approval of this ordinance is in the fiscal best interest of the City. To achieve the intent of the relationship between the City and its employees, it is necessary that the effective date of this ordinance be January 1, 2008. This Ordinance is in the best interest of the City and the affected non - bargaining employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Section I. of Ordinance No. 9790 -07 be and hereby is amended to read as follows: Maximum Compensation (a) The maximum amounts to be paid as compensation for non - bargaining employees for the City of South Bend, Indiana are hereby established as set forth in the amended Attachment "I", which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly, Bi- Weekly amounts by alphabetical position are set forth as well as the annual salary for each position. Section II. The following are positions and rates of pay which were omitted in the original salary ordinance as approved by this body on September 24 2007: Position Maintenance Mechanic Supervisor Operations Manager . 2007 46,749 53,268 2008 48,151 54,866 Recreation Center Supervisor N/A 37,637 SCDA Instrument Specialist N/A 47,685 Senior Finance Specialist N/A 45,763 Senior Housing Specialist 46,143 47,527 Assistant Golf Manager 12,000 12,360 Section III. All other Sections and paragraphs of Ordinance No. 9790 -07 are hereby reaffirmed and shall remain in full force and effect as provided for in Ordinance No. 9790 -07. Section IV. Effective Date In order to effectuate the intent of the City, this Ordinance shall be in full force and effective from and after its passage by the Common Council, approval by the Mayor, and made retroactive to January 1, 2008. Member of the ommon 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. Deputy City Clerk Approved and signed by me on the Day of , 2 , at o `clock m. Mayor, City of South Bend, Indiana 1 st READING [ - O PUBLIC HEAPING 3 rd READING 10T APPROVE@ ,EFERRED 455ED Filed In Clerk's Offican JAN 2 4 2008 JOHN V045 10119G CITY CLEM, S0. tz,lJ, IM.. City of South Bend, Indiana Revised 2008 Salary Ordinance Job 2007 2008 Percent Code Job Title Status Salary Salary Change 3 -B -3 Academic Coordinator -CB Center Full-Time 29,035 30,120 3.74` 3 -B -3 Academic Coordinator -MLK Center Full-Time 33,242 34,239 3.00` 3 -C -2 Accounting Assistant Full-Time 35,438 .36,501 3.00' B -C -1 Accounting Clerk IV Full-Time 27,598 28,426 3.00` B -A -5 Accounts Payable Supervisor Full-Time 39,247 40,424 3.00` B -C -1 Administrative Assistant I Full-Time 32,903 33,890 3.00' B -C -1 Administrative Assistant II Full-Time NEW 34,903 0.00' B -1 Animal Control Assistant Full-Time 28,574 29,431 3.00' B -1 Animal Control Officer Full-Time 28,784 29,648 3.00' B -1 Animal Control Officer - Senior Full-Time 31,806 32,760 3.00' A -3 Assistant Box Office Manager I Full -Time 28,107 28,950 3.00' -A -3 Assistant Box Office Manager 11 Full-Time 31,421 32,364 3.00 -B -1 Assistant City Attorney Full-Time 62,656 64,536 3.00 -A -3 Assistant City Engineer Full-Time 64,000 65,920 3.00 -A -3 Assistant Controller Full-Time 65,500 67,465 3.00 -A -3 Assistant Director Administrative Sery Full-Time 45,865 47,241 3.00 -A -3 Assistant Director Communication Cntr Full-Time 41,232 42,469 3.00 -A -3 Assistant Director of Distribution Full-Time 42,600 43,878 3.00 -A -3 Assistant Director of Treatment Full-Time 42,360 43,631 3.00 -A -3 Assistant Director- Administration & Marketing Full-Time 42,250 43,518 3.00 -A -3 Assistant Director - Booking & Event Operation Full-Time 40,000 41,200 3.00 -A -3 Assistant Director -CED Full-Tune 51,907 53,464 3.00 -A -3 Assistant Director -Human Resources Full-Time 47,000 48,410 3.00 -A -3 Assistant Director -MPAC Financial Reporting Full-Time 41,000 42,230 3.0( -A -3 Assistant Director - Recreation Full-Time 46,863 48,269 3.0( -A -1 Assistant To The Mayor Full-Time 59,850 61,646 3.0( -B -1 Assistant Zoning Administrator Full-Time 47,865 49,301 3.0( -A -5 Athletic Supervisor Full-Time 36,899 38,006 3.0( 1 -A -4 Box Office Manager Full-Time 34,605 35,643 3.0( 1 -A -1 Building Cornrnisioner Full-Time 71,182 73,317 3.0( 1 -B -3 Building Inspector VI Full-Time 39,515 40,700 3.0( 1 -B -3 CED Specialist 11 Full -Time 33,879 34,895 3.01 i -B -3 CED Specialist III Full-Time 35,881 36,957 3.01 5-B -3 CED Specialist VI - . _ Full-Time 45,532 46,898 3.01 3 -B -3 CED Specialist- Senior Full-Time 49,212 50,688 3.01 3 -A -5 Center Supervisor Full-Time New 37,637 0.01 3 -13-1 Chemist Full-Time 41,036 42,267 3.0 3 -13-1 Chemist /Safety Officer Full-Time 41,079 42,311 3.0 3 -A -4 Chief Deputy City Clerk Full Time 41,989 43,249 3.0 3 -13-1 Chief Inspector Full-Time 41,454 42,698 3.0 0 -C -1 City Clerk Secretary Full-Time 27,676 28,506 3.0 3 -A -1 City Controller Full-Time 78,599 80,957 3.0 3 -A -1 City Engineer Full-Tune 68,000 72,000 5.8 0 -13-1 Clerk Terminal Operator Full -Time 24,248 24,975 3.0 3 -13-1 Club Pro Municipal Golf Course Full-Time 41,601 42,849 3.0 Dept. Adm /Finance 1/24/2008 Page 1 City of South Bend, Indiana Revised 2008 Salary Ordinance Job 2007 2008 Percent Code Job Title Status Salary Salary Change- B-13-3 Code Inspector IV Full-Time 33,860 34,876 3.00 ,NB -B -3 Collection Specialist Full-Time 29,271 30,149 3.00 B -A -S Communication I Supervisor Full-Time 37,610 38,738 3.00 [B-A-5 Communication II Supervisor Full-Time 38,110 39,253 3.00 ,NB -13-3 Communication Specialist II Full-Time 30,492 31,407 3.00 sNB -13-3 Communication Specialist III Full-Time 30,642 31,561 3.00 'sNB -17-1 Court Liaison Full-Time 28,925 29,793 3.0( ?NB -F -1 Crime Analyst Full -Time 31,668 32,618 3.0( ,NB -F -1 Crime Laboratory Supervisor Full-Time NEW 48,960 0.0( M -A -4 CSO Operations Manager Full-Time 50,184 51,690 3.0( :NB -B -3 Customer Service Coordinator Full-Time 35,264 36,322 3.0( M -A -4 Customer Service Manager Full-Time 40,438 41,651 3.0( 113-A -5 Customer Service Supervisor Full-Time 37,610 38,738 3.0( ?NB -F -1 Data Entry /Alarms Coordinator Full-Time 26,347 27,137 3.0( ,NB -F -1 Data Entry Records Coordinator Full-Time 29,763 30,656 3.01 ENB -F -1 Data Entry Specialist II Full -Time 25,855 26,631 3.01 0 -A -5 Data- Processing Supervisor Full-Time 37,610 38,738 3.01 0 -13-2 Departmental System Specialist Full-Time 39,521 40,707 3.O1 ENB -C -1 Deputy City -Clerk Full -Time 35,967 37,046 3.0 JB -A -2 Deputy Director- WaterWorks Full-Time 55,000 56,650 3.0 EN13-13-3 Design/ Plan Review Specialist Full-Time 50,466 51,980 3.0 ,TB-A-2 Director of Development Full-Time NEW 53,174 0.0 ,TB -A -2 Director of Distributions Full-Time 53,448 55,051 3.0 STB -A -3 Director of Finance (Park Administration) Full-Time 50,474 53,174 5.3 .413-A -2 Director of Finance (Water Utility) Full-Time 54,060 55,682 3.0 .0 -A -2 Director of Financial Services Full-Time 50,475 51,989 3.0 Ls1B -A -2 Director of Marketing & Promotions Full-Time 46,194 47,580 3.0 NB -A -1 Director of Streets Full-Time 63,636 65,545 3.0 NB -A -2 Director of Treatment Full-Time 50,280 51,788 3.( NB -A -1 Director Parks & Recreation Full-Time 69,099 71,172 3.( N13-A -1 Director Public Works Full -Time 75,713 77,984 3.( NB -A -2 Director- Administrative Services Full-Time 46,846 48,251 3.( NB -A -2 Director - Administrative Services -Parks Full-Time 52,131 53,695 3.( NB -A -1 Director- Central Services Full-Time 62,533 64,409 3.( N13-A -1 Director -Code Enforcement Full-Time 63,332 65,232 3.( NB -A -2 Director- Communication Cntr Full-Time 50,703 52,224 3.( NB -A -2 Director- Communications & Radio Full-Time 47,881 49,317 3.( ,NB -A -2 Director- Communications & Special Projects Full-Time 53,360 54,961 3.1 ,NB -A -1 Director - Community Development Full-Time 62,533 64,409 3.1 NB -A -1 Director- Economic Development Full -Time 62,533 64,409 3.1 :NB -A -2 Director- Financial & Program Management Full-Time 57,306 59,025 3.1 :NB -A -2 Director -Golf Operations Full-Time 52,131 53,695 3.1 ,NB -A -2 Director -Human Resources Full-Time 57,773 59,506 3.' 'NB -A -2 Director -Human Rights Full-Time 49,632 51,121 3. 11 -A -1 Director - Information Technology Full-Time 62,533 64,409 3. NB -A -2 Director - Planning Full-Time 54,113 55,736 3. ?NB -A -2 Director - Recreation Full -Time 57,374 59,095 3. - <- Dept. Adm /Finance 1/24/2008 Page 2 City of south bens, inaiana Revised 2008 Salary Ordinance Job Code Job Title Status 2007 Salary 2008 Salary Percent Change A -2 Director - Secretarial Services Full-Time 43,986 45,306 3.00% A -2 Director- Services Division (1) Full -Time NEW Deleted 0.00% A -2 F Director - WasteWater Full-Time 59,000 63,500 7.63% A -2 Director - WasteWater Maintenance Full-Time 54,773 56,416 3.00% ENB -A -1 Director -Water Works Full-Time 62,533 64,409 3.00% ENB -A -2 Director -Zoo Full-Time 52,092 53,655 3.00% NENB -C -1 Distribution Records Drafter Full-Time 34,322 35,352 3.00% ENB -A -1 Division Director of Environmental Services Full-Time 64,846 67,500 4.09% ENB -B -2 Engineer Aide IV Full -Time 34,322 35,352 3.00% ENB -B -2 Engineer II Full-Time 60,075 61,877 3.00% ENB -B -2 Engineer Inspector Full-Time 35,264 36,322 3.00% ENB -B -2 Event Service Technician I Full-Time NEW 23,500 0.000/c ENB-B-2 Event Service Technician II Full-Time NEW 26,750 0.00% NENB -F -1 Evidence Technician Full-Time 31,679 32,629 3.00% ENB -A -1 Executive Director -CED Full-Time 84,864 87,410 3.00% ENB -A -1 Executive Director -Morris -PAC Full-Time 68,842 70,907 3.00% ENB -A -4 Facility Engineer Full-Time 41,764 43,017 3.00% NENB -F -1 Film Processor Full-Time 30,698 31,619 3.00% ENB -A -2 Finance Officer (Department of Finance only) Full-Time 50,475 51,989 3.000/c NENB -B -3 Financial Specialist I Full-Time 29,032 29,903 3.000/c NENB -B -3 Financial Specialist II Full-Time 31,666 32,616 3.000/( NENB -B -3 Financial Specialist III Full-Time 35,439 36,502 3.000/( NENB -B -3 Financial Specialist IV Full-Time 39,247 40,424 3.000/ NENB -B -3 Financial Specialist- Senior Full-Time 44,864 46,210 3.000/ NENB -F -1 FingerPrint /Photo Technician Full-Time 30,698 31,619 3.000/ ENB -A -5 Fitness Supervisor Full-Time 36,899 38,006 3.000/ ENB -A -5 Foreman N Full-Time 34,622 35,661 3.000/ ENB -A -5 Foreman V Full-Time 39,034 40,205 3.000/ ENB-B-1 Forester Full-Time 46,749 49,724 6.360/ ENB -B -1 General Zoo Curator Full-Time 43,000 44,290 3.000/ E -A -4 GIS Manager Full-Time 51,243 52,780 3.000/ ENB -A -4 Golf Course /Rink Manager Full-Time 46,304 47,693 3.000/ ENB NB -B -1 Greenskeeper Full-Time 37,641 38,770 3.000/ ENB -A -5 Healthy Seniors Supervisor Full -Time 29,035 32,660 12.480/ ENB -B -3 Housing Specialist V Full-Time 39,117 40,291 3.000/ ENB -B -3 Housing Specialist VI Full-Time 41,535 42,781 3.00°/ ENB -B -3 Housing Specialist - Senior Full-Time 46,143 47,527 3.000 ENB -B -3 Human Resources Specialist IV Full-Time 39,246 40,423 3.000 NENB -13-2 Industrial Pretreatment Specialist I Full-Time NEW 45,000 0.000, ENB -B -3 Intake Officer /Investigator Full-Time 28,941 29,809 3.000, " NCNB -C -2 Internal Auditor Full-Time 50,000 51,500 3.009 NENB -B -2 Inventory Control Technician II Full-Time 30,471 31,385 3.009 ENB -B -3 Investigator II Full-Time 33,168 34,163 3.009 ENB -B -3 - Investigator IV Full-Time 37,395 38,517 3.ff -B -3 Investigator V Full-Time 39,243 40,420 3.00 rNB ENB -B -2 Laboratory Technician Full -Time 27,676 28,506 3.00' ENB -C -2 License Clerk -- -- Full-Time 31,668 32,618 3.00' Dept. Adm /Finance 1/24/2008 Page 3 y of South Bend, Indiana vised 2008 Salary Ordinance Job Code Job Title Status 2007 Salary 2008 Salary Percent Change :NB -13-2 Locator Full-Time 33,660 36,014 6.9! [B-A-5 Maintenance Foreman II Full-Time 31,297 32,236 3.0( [B -A -4 Maintenance Manager Full-Time NEW 50,184 0.0( - Maintenance Mechanic Supervisor Full-Time * 46,749 48,151 3.0( TB -A -5 Maintenance Superintendent Full-Time 52,131 53,695 3.01 TB -A -4 Manager of Equipment Service Full-Time 49,765 51,258 3.01 TB -A -4 Manager of Sewer Operations Full-Time 50,184 52,724 5.01 TB -A -4 Manager of Solid Waste Operations Full -Time 51,188 52,724 3.01 TB -A -4 Manager of Streets Full-Time 51,188 52,724 3.01 M -A -4 Manager - Environmental Compliance Full-Time NEW 54,773 0.0 dB -A -4 Manager -Parts Maintenance Full-Time 35,941 37,019 3.0 1B -B -1 Marketing and Education Curator Full-Time 35,279 36,337 3.0 1B -B -1 Naturalist Full-Time 29,035 31,000 6.7 4B -B -2 Network Engineer Full-Time 49,087 50,560 3.0 1B -A -4 Office Manager Full-Time 30,257 31,165 3.0 - Operations Manager Full-Time * 53,268 54,866 3.0 JB -A -5 Operations Supervisor Full-Time NEW 50,184 0.0 ENB -C -2 Ordinance Violations Bureau Clerk Full-Time 30,355 31,266 3.0 ENB -B -3 Paralegal Full-Time, 37,289 38,408 3.( ENB -F -1 Park Police II Full-Time 29,485 30,370 3.( ENB -A -5 Payroll Supervisor Full-Time' 35,438 36,501 3.( .'0-A -4 Permits Manager Full-Time 40,140 41,344 3.( 14B -B -3 Planner VI Full-Time 45,532 46,898 3.( ENB -B -2 Preventative Maintenance Coordinator Full-Time 34,215 35,241 3.( 14B -A -4 Print Shop Manager Full-Time 39,034 40,205 3.( ENB -B -2 Print Shop Technician Full-Time 32,045 33,006 3.( (SIB -A -5 Program Supervisor Full-Time 36,899 38,006 3.1 NB -B -2 Programmer Analyst I Full-Time 38,099 39,242 3.1 NB -B -2 Programmer Analyst II Full-Time 39,732 40,924 3.1 NB -B -3 Project Analyst VI Full-Time 38,500 39,655 3.1 NB -B -3 Project Analyst VIII Full-Time 41,600 42,848 3.1 NB -B -3 Project Inspector I Full-Time 40,140 41,344 3.1 NB -B -3 Project Inspector II Full-Time 42,757 44,040 3.1 NB -A -4 Project Manager Full-Time 44,129 45,453 3.' [ENB -F -1 Property /Evidence Custodian Full-Time NEW 28,230 0. [ENB -F -1 Public Assistance Clerk II Full-Time 25,273 26,031 3. NB -A -4 Public Construction Manager Full-Time 55,000 56,650 3. fENB -B -3 Public Relations Specialist Full -Time NEW 38,000 0. TENB -B -3 Public Works Safety Coordinator Full-Time 41,095 42,328 3. :NB -A -4 Purchasing Manager Full-Time 52,952 54,541 3. TENB -B -2 Quality Assurance Distribution Technician Full-Time 34,622 35,661 3. TENS -B -2 Quality Assurance Treatment Technician Full-Time 37,074 38,186 3. TENB -B -2 Radio Techician III Full-Time 43,733 45,045 3. TENB -B -2 jtadio Technician I Full-Time 39,373 40,554 3. Dept. Adm /Finance 1/24/2008 Page 4 City of South Bend, Indiana Revised 2008 Salary Ordinance Job Code Job Title Status 2007 Salary 2008 Salary Percent Change NENB -B -2 Radio Technician II Full-Time 40,663 41,883 3.00% ENB -A -4 Records Bureau Manager Full-Time NEW 38,872 0.00% NENB -F -1 Records Manager Full -Time NEW 38,872 0.00% ENB -A -5 Recreation Center Supervisor Full-Time * NEW 37,637 0.00% ENB-A-5 Rum Village Park Supervisor Full-Time 32,995 35,200 6.68% ENB -A -4 Safety & Risk Manager Full-Time 44,951 46,300 3.00% NENB -B -3 Sales /Event Associate Full-Time 31,492 32,437 3.00% ENB -B -3 SCDA Instrument Specialist Full-Time * NEW 47,685 0.00% NENB -C -1 . Secretary II Full-Time 23,568 24,275 3.00% NENB -C -1 Secretary III Full -Time 24,754 25,497 3.00% NENB -C -1 Secretary IV Full-Time 26,270 27,058 3.00% NENB -C -1 Secretary of the Board Full-Time 37,074 38,186 3.00% NENB -C -1 Secretary V Full -Time 27,677 28,507 3.00% ENB -B -3 Senior CAD Specialist Full-Time 40,140 41,344 3.00% - Senior Finance Specialist Full -Time * NEW 45,763 0.00% ENB -B -3 Senior GIS Specialist Full-Time 41,493 42,738 3.00% - Senior Housing Specialist Full-Time * 46,143 47,527 3.00% NENB -F -1 Senior Property /Evidence Custodian Full-Time 29,725 30,617 3.000/c ENB -A -5 Signal Supervisor Full-Time NEW 47,685 0.000/c NENB -B -3 Special Events Assistant Full-Time NEW 34,512 0.000/( ENB-A-5 Special Events Supervisor Full-Time 35,985 37,065 3.000/( NENB -B -3 Stock Room & Safety Coordinator Full-Time 41,094 42,327 3.000/ ENB -A -5 Superintendent II Full-Time 41,257 42,495 3.000/ ENB -A -5 Superintendent III Full-Time 42,600 43,878 3.00 ° / ENB-A-5 Superintendent V Full-Time 46,749 48,151 3.000/ ENB -B -2 System Specialist II Full-Time 44,864 46,210 3.000/ ENB -B -2 System Specialist III Full-Time 52,384 53,956 3.000/ ENB -B -2 System Specialist IV Full-Time 52,383 53,954 3.000/ ENB -A -4 Technical Stage Manager Full -Time 34,000 35,020 3.000/ ENB -A -4 Traffic & Lighting Manager Full -Time 51,188 52,724 3.000/ ENB -B -2 Utilities System Specialist Full-Time 45,765 47,138 3.000/ NENB -B -3 Violence Prevention Coordinator I Full-Time 29,035 30,120 3.740/ NENB -B -3 Violence Prevention Coordinator II Full-Time 32,751 33,734 3.000/ NENB -B -2 Water Treatment Operator -PF Full-Time 37,610 38,738 3.000 NENB -B -3 Water Works Special Projects Coordinator I Full-Time 40,438 41,651 3.000 NENB -B -3 Water Works Special Projects Coordinator II Full-Time 37,074 38,186 3.000, NENB -B -3 Youth Sports Coordinator Full-Time 29,035 30,120 3.740 ENB -A -5 Youth Supervisor Full-Time 36,899 38,006 3.000 , NENB -B -3 Zoning Specialist Full-Time 35,250 36,308 3.009 ENB -B -1 Zoo Veterinarian Full-Time 50,089 51,592 3.009 [B-D-4 Accounts Payable Technician Part-Time 29,032 29,903 3. -B -1 Assistant Golf Manager' Part-Time * 12,000 12,360 3. [B-D-4 CED Project Coordinator Part-Time 33,351 34,352 3. -D -1 Chief City Assistant Attorney Part-Time 38,535 39,691 3. -D -1 City Attorney Part-Time 51,812 53,366 3. Dept. Adm /Finance 1/24/2008 Page 5 City of South Bend, Indiana Revised 2008 Salary Ordinance Job Code Job Title NB -D -4 Claims Adjuster (with benefits) N13-132 Crossing Guard NB -D2 Crossing Guard Captain 113-13-1 Deputy City Attorney III [B-D-1 Deputy City Attorney IV ,NB -D -4 Senior Citizen Leader (with benefits) urly Non - Bargaining - maximum hourly rate Status Part -Time Part-Time Part-Time Part-Time Part-Time Part-Time 2007 Salary 37,327 8,695 10,076 33,090 42,452 20,197 .) Transferred from a civilian to a sworn position, as requested by Police Chief Boykins. Not included on the original 2008 Salary Ordinance. 24.64 10.03 2008 Salary 8,695 10,076 34,083 43;726 20,803 25.38 10.33 Percent Chancre 3 3 Filed In Clerk's Office JAN 2 4 2008 J0I4N v- _;ACE Crry G'_ - BEND, IN. Dept. Adm /Finance 1/24/2008 Page 6 Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235 -9571 www. stiosephcountyindiana .com /areaplan Fax 574 235 -9813 January 16, 2008 s City The Honorable Council of the C y of � South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of the West Side Democratic & Civic Club, Inc. to zone from MU Mixed Use District to SF2 Single Family and Two Family District, property located at 701 S. Grant Street, City of South Bend - APC# 2458 -07 Dear Council Members: I hereby Certify that the above referenced ordinance of West Side Democratic & Civic Club, Inc. was legally advertised on Thursday, January 3, 2008 and that the Area Plan Commission at its public hearing on Tuesday, January 15, 2008 took the following action: Upon a motion by John McNamara, being seconded by Phil Sutton and unanimously carried, the proposed ordinance of the West Side Democratic & Civic Club, Inc. to zone from MU Mixed Use District to SF2 Single Family and Two Family District, property located at 701 S. Grant Street, City of South Bend is sent to the Common Council with a favorable recommendation. The site is surrounded by SF2 Single Family and Two Family District zoning. The proposed use is compatible with the adjacent land uses. The site, which is currently a vacant lot, is being developed as infill housing for a Habitat For Humanity project. The addition of a new home will develop an under utilized parcel and should have a positive effect on the surrounding properties. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, hn W. B Y ornt 11lii/: Attachment CC: West Side Democratic & Civic Club, Inc. Habitat for Humanity of St. Joseph County Violet Schorsch Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Date Filed Date received by the Area Plan Commission Application No. —p % 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: 701 S. Grant Street, South Bend, IN 2) Name and address of property owner(s) of the petition site: West Side Democratic & Civic Club, Inc. 617 S. Warren Street, South Bend, IN 46619 574- 287 -4091 3) Name and address of contingent purchaser(s), if applicable: Habitat for Humanity of St. Joseph County 402 E. South Street, South Bend, IN 46601 574- 288 -6967 4) It is desired and requested that this property be rezoned from MU Mixed Use District to SF2 Single Family and Two Family District 5) This rezoning is requested to allow the following use(s): Construction of one single - family residence 6) Attached is a copy of (a) legal description of the property; (b) a statement of purpose and intent; (c) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property (e) a location map, if available, drawn to scale, which includes street names, printed in 8%" x 11" format. PETITION PREPARED BY: Signature(s) of All Pro/pperrtty'rOwner(s) CONTACT PERSON: same Name: Violet Schorsch Full Address: Habitat for Humanity, 402 E. South Street, South Bend, IN 46601 _ Phone Number: 574- 288 -6967, ext. 18 Email Address: vblosser@habitat- for- humanity.org Fred In Clerk's Office NOV 2 9 2007 JOHN VOORDE CT! CLERK, SO. BEND, K . �SF� i SF2 P� MU f0 CL aIMU '1j MU SF2 m I.' MU I H •L f0 U a� L L i SF2 SF2 SF2 I MU Huron Ford C M L 0 . SF2 SF2 a O L V t0 n SF2 � It rt r Rezoning from: "MU" MIXED USE to "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT Zoning Key SOUTH BEND "SF2" SINGLE FAMILY & TWO FAMILY ® SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY SOUTH BEND "MU" MIXED USE 1 inch equals 200 feet APC # 2458 -07 L7 ! Y Aft ) r l 1� Yy rte' a'. r Arr L. • SAW- Jjr IF .71 IWO -aC+►� � 'yam, -- �. • ar.. -• - .� h e fit•!_ -11� y� :' +; —� jq��3 ► .4e- .� - WA i J ����q �, �,•,� , s� ,,•yam .,,a r .:.�,: ��Q{$�...� � ,. is t»+ , '�i - - -- ?S— �i�C�"' •►ter :r-•�+ -+r__ ,�'��., � i� _� l.�w t,... } -1 k ni Alwo I r Wwo ai• �gXO pencon e �►`A .rte a' .+}_ ` { .... _ sue,• A • Z� /' - ''p`y y,' _ '.r'r. a` x Oak 14, `.� * r... Y`�i+ •.'r Alt .L • �7-s • �. ray .r „_ 1r5: "'"�:.,.: p i ._ Staff Report APC # 2458 -07 Owner: West Side Democratic & Civic Club, Inc. Location: 701 S. Grant Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to SF2 Single Family and Two Family District to allow the construction of one single - family residence. Land Uses and Zoning: On site: The site is currently a vacant lot zoned SF2 Single Family and Two Family District. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east are single family homes zoned SF2 Single Family and Two Family District. South: To the south are single family homes zoned SF2 Single Family and Two Family District. West: To the west are single family homes zoned SF2 Single Family and Two Family District. District uses and development standards: The "SF2" Single Family Residential District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. Site plan description: No site plan is required for rezoning to SF2 Single Family and Two Family District. Traffic and transportation considerations: Ford Street and Grand Street are both two lanes streets. Utilities: The site will be serviced by municipal sewer and water. 5 Criteria (per IC 36 -7 -4 -603): 1. Comprehensive Plan: Policy Plan: City of South Bend - City Plan, November 2006 Residential Policy H 4.1 Support the efforts of community organizations in developing infill housing. The rezoning is consistent with the Comprehensive Plan's residential policy. West Side Democratic & Civic Club, Inc. #2458 -07 Page 1 of 3 Land Use Plan: City of South Bend - City Plan November 2006 The Future Land Use Map identifies this general area as medium density residential. The rezoning is consistent with the Future Land Use Map 2. Current conditions and character: The site is currently a vacant lot. 3. Most desirable use: The most desirable use for the site would be residential. 4. Conservation of property values: The surrounding property values may be positively affected by the rezoning. 5. Responsible development and growth: It is responsible development and growth to allow infill development on vacant property. Recommendation: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Analysis: The site is surrounded by SF2 Single Family and Two Family District zoning. The proposed use is compatible with the adjacent land uses. The site, which is currently a vacant lot, is being developed as infill housing for a Habitat For Humanity project. The addition of a new home will develop an under utilized parcel and should have a positive effect on the surrounding properties. West Side Democratic & Civic Club, Inc. #2458 -07 Page 2 of 3 M CL CL 01=1 =0I C 01 lE � v n m r„ 5 k+ .:. �- ,, MU d y L lE L Rezoning from: "MU" MIXED USE to "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT Zoning Key SOUTH BEND 'SF2" SINGLE FAMILY &TWO FAMILY - SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY SOUTH BEND "MU" MIXED USE N W E S 1 inch equals 200 feet APC # 2458-07 West Side Democratic & Civic Club, Inc. #2458 -07 Page 3 of 3 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 701 S. GRANT STREET, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT This is a vacant lot that is currently zoned MU Mixed Use District. It will be changed to SF2 Single Family and Two Family District to allow construction of one single - family residence. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot 62 & N'' /z Lot 61 Gorsuchs 4th Addition be and the same is hereby established as S172 Single Family and Two Family District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, 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 , 2008, at o'clock .m. Approved and signed by me on the .m. 1st READING L L- t o —6� PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED City Clerk day of , 2008, at o'clock Mayor of the City of South Bend, Indiana Filed n{ Clerk's C "Iice 2 9 2007 30I , NOV EVOOROE CIT`f CLEM, R0 IN, Date Filed Date received by the Area Plan Commission Application N 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: 701 S. Grant Street, South Bend, IN 2) Name and address of property owner(s) of the petition site: West Side Democratic & Civic Club, Inc. 617 S. Warren Street, South Bend, IN 46619 574- 287 -4091 3) Name and address of contingent purchaser(s), if applicable: Habitat for Humanity of St. Joseph County 402 E. South Street, South Bend, IN 46601 574- 288 -6967 4) It is desired and requested that this property be rezoned from MU Mixed Use District to S172 Single Family and Two Family District 5) This rezoning is requested to allow the following use(s): Construction of one single- family residence 6) Attached is a copy of (a) legal description of the property; (b) a statement of purpose and intent; (c) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property (e) a location map, if available, drawn to scale, which includes street names, printed in 8 %i" x 11" format. PETITION PREPARED BY: Signature(s) of All Property Owner(s) CONTACT PERSON: same Name: Violet Schorsch Full Address: Habitat for Humanity, 402 E. South Street, South Bend, IN 46601 Phone Number: 574- 288 -6967, ext. 18 Email Address: vblosser@habitat- for- humanity.org Filled In Clerk's Office Nov 2 9 2007 J01 *4 VOORDE CITY CLUM, S0. BEND, IN. A) Legal Description: Lot 62 &N t/Z Lot 61 Gorsuchs 4th Addition B) Statement of Purpose and Intent: This is a vacant lot that is currently zoned MU Mixed Use District. Habitat for Humanity is requesting that the zoning be changed to SF2 Single Family and Two - Family District to allow construction of one single - family residence. filed in Clerk's C "fire N�V 2 g X007 JOHN VOQRDE CITY CLE`K+,S Area Plan Commission of St. Joseph 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 January 16, 2008 The Honorable Council of the City of ICJ V South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of Dignan LLC to zone from LB Local Business District to CB Community Business District, property located at 2122 South Bend Avenue, City of South Bend - APC# 2459 -07 Dear Council Members: I hereby Certify that the above referenced ordinance of Dignan LLC was legally advertised on Thursday, January 3, 2008 and that the Area Plan Commission at its public hearing on Tuesday, January 15, 2008 took the following action: Upon a motion by John McNamara, being seconded by Donna Chamblee and - unanimously carried, the proposed ordinance and site development plan of Dignan LLC to zone from LB Local Business District to CB Community Business District, property located at 2122 South Bend Avenue, City of South Bend is sent to the Common Council with a favorable recommendation subject to connecting to municipal water and sewer. This area is an acceptable location for Community Business District uses. The rezoning is compatible with the surrounding land uses and zoning to the north and east. The rezoning will reuse an underutilized structure and should benefit the surrounding area. The addition of the required landscaping will help beautify the adjacent area. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, 4r� �W. B ornt Y JWB:sr Attachment CC: Dignan LLC John Lloyd, Esq. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Date Filed: December 5, 2007 Application No. L� —O % Date received by the Area Plan Commission: December 5, 2007 Petitioner Dignan LLC, by its authorized representative, Plews Shadley Racher & Braun LLP, makes application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. The property sought to be rezoned is located at: 2122 South Bend Avenue, South Bend, Indiana 46637 2. Name and address of the property owner of the petition site: Dignan LLC P.O. Box 536 South Bend, Indiana 46624 3. Name and address of the contingent purchaser. N/A 4. It is desired and requested that this property be rezoned from "LB" Local Business to "CB" Community Business. 5. This rezoning is requested to allow the following use: office or retail uses as permitted in the CB district. 6. Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement ofpurpose and intent; (d) a list ofnames and addresses of all property owners and tax key numbers for all properties within 300 feet of the petition property, (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property; and (f) a location map, drawn to scale, which includes street names printed in 81/2" x 11" format. PETITION PREPARED BY: John Lloyd, Esq., Plews Shadley Racher & Braun LLP 53732 Generations Drive South Bend, Indiana 46635 (574) 273 -1010 Attorney for Pe ' ioner Filed In Clerk's Offics D EC - 5 2U`7 JOHN OME CITY CLERK, SC. BEND, tM - "LB" LOCAL BUSINESS to "CB" COMMUNITY BUSINESS Zoning Key COUNTY "R" SINGLE FAMILY COUNTY "B" BUSINESS - COUNTY "C" COMMERCIAL SOUTH BEND "SF1" SINGLE FAMILY & TWO FAMILY SOUTH BEND "MF2" HIGH - DENSITY MULTIFAMILY SOUTH BEND "LB" LOCAL BUSINESS SOUTH BEND "CB" COMMUNITY BUSINESS SOUTH BEND "GB" GENERAL BUSINES 1 inch equals 200 feet APC # 2459 -07 5`R�WR PART Of THE NORTH NNF M M WHE6T O NKIA OF 4011d1 ]I. 1pN"W b NORTH. RANGE S W. MS fffD AS AC SM /ALTA / • / McM.xc Al A PoM See.S t[Ei CASs M M MFRSEmaN M lx[ E551 lIS 6 [IWARpwU6 Rd1D NO M SdRN lM IX / •' SuRnMx WM M ,K 4W RGY du RR M BM RC ON ]I: ,KxM a rtR: ,K RpRTH Rri rt MRM SIE. 72 — WN M SOUx[AU IM M fNp EpWAfllYid.AD RdD ip A PdYrT OM xpIRIX M M RAM M M— R IKNM SOUTH 10 M PULL M �ON- -. MNp 1.1 HNRIAto INEZ (])MAN UNREOMWED PGT M —11 AWMIE PRWOSro ADOOIOf1 LAND TITLE SURVEY / ' %,' / E.E RI A'.' 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I' • b' ,INS b -15-07 ,•e gOlevl LLC }S -Umwo Staff Report APC # 2459 -07 Owner: Dignan LLC Location: 2122 South Bend Avenue Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from LB Local Business District to CB Community Business District to allow office or retail uses. Land Uses and Zoning: On site: On site is a 3,200 square foot building zoned LB Local Business District. North: To the north across South Bend Ave. is a bank zoned CB Community Business District. East: To the east is a businesses zoned LB Local Business District. South: To the south is a supply /warehouse company zoned GB General Business District. West: To the west is a barber shop zoned LB Local Business District. District uses and development standards: The "CB" Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The site is approximately 0.51 acres. The site plan shows an existing approximately 3,200 square foot building. Buildings cover approximately 14% of the site. The site plan shows 10 parking spaces with up to 20 spaces available depending on the use. The 10 existing parking and drives consist of 30% of the site. The remaining 56% of the site consist of open area. Type A Open Landscaping is required along all property lines. There is also a billboard located along the north property line of the site. Traffic and transportation considerations: South Bend avenue has four lanes and a center turn lane. Utilities: The site is currently served by private well and septic systems. Additional information: (Agency comments) City Engineering has reviewed the site plan and recommends connection to municipal sewer and water. The water main is located on the frontage of the property on South Bend Avenue, and sewer is available two lots south of the subject property. Dignan LLC #2459 -07 Page 1 of 3 5 Criteria (per IC 36 -7 -4 -603): 1. Comprehensive Plan: Policy Plan: Ci!y of South Bend - City Plan, November 2006 Economic Development Policy ED 1.2 encourages reuse of abandoned and underutilized land and structures. The rezoning is consistent with the Comprehensive Plan's Economic Policy. Land Use Plan: City of South Bend - City Plan, November 2006 The Future Land Use Map identifies this general area as commercial. The rezoning is consistent with the Future Land Use Map. 2. Current conditions and character: The site currently has a vacant building. The area is commercial in character. 3. Most desirable use: The most desirable use for the property is commercial. 4. Conservation of property values: The surrounding property values should not be effected by the rezoning. 5. Responsible development and growth: It is responsible development and growth to allow the reuse of an underutilized building. Recommendation: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Analysis: This area is an acceptable location for Community Business District uses. The rezoning is compatible with the surrounding land uses and zoning to the north and east. The rezoning will reuse an underutilized structure and should benefit the surrounding area. The addition of the required landscaping will help beautify the adjacent area. .y Dignan LLC #2459 -07 Page 2of3 "LB" LOCAL BUSINESS to "CB" COMMUNITY BUSINESS Zoning Key COUNTY "R" SINGLE FAMILY COUNTY "B" BUSINESS - COUNTY "C" COMMERCIAL SOUTH SEND "SF1" SINGLE FAMILY &TWO FAMILY SOUTH BEND "MF2' HIGH - DENSITY MULTIFAMILY SOUTH BEND "LB" LOCAL BUSINESS - SOUTH BEND -CB- COMMUNITY BUSINESS SOUTH BEND "GB" GENERAL BUSINES 1 inch equals 200 feet APC # 2459 -07 Dignan LLC #2459 -07 Page 3 of 3 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2122 SOUTH BEND AVENUE, COUNCILMANIC DISTRICT FOUR iN THE CiTY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner Dignan LLC ( "Dignan ") has applied to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance for its property located at 2122 South Bend Avenue, South Bend, Indiana 46637 from "LB" Local Business to "CB" Community Business. Dignan is a property management company and seeks this rezoning to allow it greater flexibility with the potential future uses at this location. Dignan anticipates an office or retail use as allowed by the CB zoning classification. 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 North Half of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, described as follows: Beginning at a point 588.5 feet East of the intersection of the East line of Edwardsburg Road and the South line of the North Half of the Southeast Quarter of said Section 31; thence East 60 feet; thence North 425 feet; thence Southwesterly 72 feet with the Southerly line of said Edwardsburg Road to a point due North of the place of beginning; thence South to the place of beginning; being Lot Numbered Three (3) in an unrecorded Plat of Wolf's South Bend Avenue Proposed Addition. Excepting therefrom: A part of the North Half of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, St. Joseph County, Indiana, described as follows: Commencing at the Northeast corner of Pensinger's Subdivision, a subdivision in the Southeast Quarter of Section 31, Township 38 North, Range 3 East, St. Joseph County, the plat of which subdivision is recorded in Plat Book 16, Page 2 in the Office of the Recorder of St. Joseph County, Indiana; thence North 89 Degrees 14 Minutes 23 Seconds East 227.18 feet along the South line of said Half - quarter section; thence North 1 Degree 30 Minutes 33 Seconds West 323.81 feet to the Southeastern boundary of Edwardsburg Highway, S.R. 23; thence North 57 Degrees 52 Minutes 34 Seconds East 70.95 feet along the boundary of said Edwardsburg Highway, S.R. 23 to the West line of the owner's land and the point of beginning of this description; thence North 57 Degrees 52 Minutes 34 Seconds East 69.54 feet along said boundary to the Eastern line of the owner's land; thence South 3 Degrees 07 Minutes 38 Seconds East 5.84 feet along said Eastern line; thence South 55 Degrees 50 Minutes 12 Seconds West 71.12 feet to the West line of the owner's land; thence. North 2 Degrees 23 Minutes 25 Seconds West 8.79 feet along said West line to the point of beginning. be and the same is hereby established as CB Community Business. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2008, at o'clock m. Approved and signed by me on the .m. 1z_t 0 -1�1 st READING IUBLIC HEAP.IRG ?, rd READING ;-SOT APPROVED. REFERRED PASSED City Clerk day of , 2008, at o'clock Mayor of the City of South Bend, Indiana FilED d n le'ek's Jolgi ,rynrL CTFY CLERK, Bn, f-tl IFi Date Filed: December 5, 2007 Application No. Date received by the Area Plan Commission: December 5, 2007 Petitioner Dignan LLC, by its authorized representative, Plews Shadley Racher & Braun LLP, makes application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. The property sought to be rezoned is located at: 2122 South Bend Avenue, South Bend, Indiana 46637 2. Name and address of the property owner of the petition site: Dignan LLC P.O. Box 536 South Bend, Indiana 46624 Name and address of the contingent purchaser: N/A 4. It is desired and requested that this property be rezoned from "LB" Local Business to "CB" Community Business. 5. This rezoning is requested to allow the following use: office or retail uses as permitted in the CB district. 6. Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and tax key numbers for all properties within 300 feet of the petition property; (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property; and (f) a location map, drawn to scale, which includes street names printed in 8 '/2" x 11" format. PETITION PREPARED BY: Attorney for Pet' ioner John Lloyd, Esq. Plews Shadley Racher & Braun LLP 53732 Generations Drive South Bend, Indiana 46635 (574) 273 -1010 Filed In Clerk's Off[cs DEC - 5 'j37 &ix,4 VOORDE CITY CLERK, Sit. BEN t� LEGAL DESCRII'TION A part of the North Half of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, described as follows: Beginning at a point 588.5 feet East of the intersection of the East line of Edwardsburg Road and the South line of the North Half of the Southeast Quarter of said Section 31; thence East 60 feet; thence North 425 feet; thence Southwesterly 72 feet with the Southerly line of said Edwardsburg Road to a point due North of the place of beginning; thence South to the place of beginning; being Lot Numbered Three (3) in an unrecorded Plat of Wolf's South Bend Avenue Proposed Addition. Excepting therefrom: A part of the North Half of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, St. Joseph County, Indiana, described as follows: Commencing at the Northeast comer of Pensinger's Subdivision, a subdivision in the Southeast Quarter of Section 31, Township 38 North, Range 3 East, St. Joseph County, the plat of which subdivision is recorded in Plat Book 16, Page 2 in the Office of the Recorder of St. Joseph County, Indiana; thence North 89 Degrees 14 Minutes 23 Seconds East 227.18 feet along the South line of said Half- quarter section; thence North 1 Degree 30 Minutes 33 Seconds West 323.81 feet to the Southeastern boundary of Edwardsburg Highway, S.R. 23; thence North 57 Degrees 52 Minutes 34 Seconds East 70.95 feet along the boundary of said Edwardsburg Highway, S.R. 23 to the West line of the owner's land and the point of beginning of this description; thence North 57 Degrees 52 Minutes 34 Seconds East 69.54 feet along said boundary to the Eastern line of the owner's land; thence South 3 Degrees 07 Minutes 38 Seconds East 5.84 feet along said Eastern line; thence South 55 Degrees 50 Minutes 12 Seconds West 71.12 feet to the West line of the owner's land; thence North 2 Degrees 23 Minutes 25 Seconds West 8.79 feet along said West line to the point of beginning. a ,TY ma STATEMENT OF PURPOSE AND INTENT Petitioner Dignan LLC ( "Dignan "), by its authorized representative, Plews Shadley Racher & Braun LLP, has applied to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance for its property located at 2122 South Bend Avenue, South Bend, Indiana 46637 from "LB" Local Business to "CB" Community Business. Dignan is a property management company and seeks this rezoning to allow it greater flexibility with the potential future uses at this location. Dignan anticipates an office or retail use as allowed by the CB zoning classification. Even with this rezoning, the property's zoning classification will be consistent with neighboring properties. . V John Lloyd, E4 Attorney for P itioner Plews Shadley Racher & Braun LLP 53732 Generations Drive South Bend, Indiana 46635 (574) 273 -1010 DEC ' S