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02-27-12 Council Agenda & Packet
AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, FEBRUARY 27, 2012 7 . 00 P.M. 1 . INVOCATION - REVEREND TONY SLAGLE 2 . PLEDGE TO THE FLAG 3. ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5 . SPECIAL BUSINESS 12-14 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND HONORING HOWARD W. BUCHANON II FOR HIS MORE THAN 38 YEARS OF DEDICATED SERVICE ON THE SOUTH BEND FIRE DEPARTMENT 12-15 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING TUESDAY, FEBRUARY 29, 2012 AS "WORLD SPAY DAY" IN SOUTH BEND AND URGING RESIDENTS TO PARTICIPATE IN LOCAL SPAY DAY ACTIVITIES b. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 02-12 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF LASALLE STREET, WEST OF ST. PETER STREET AND THE FIRST NORTH-SOUTH ALLEY WEST OF ST. PETER STREET, NORTH OF LASALLE STREET. THE STREET IS DESCRIBED AS: ST. PETER STREET RUNNING NORTH FROM THE NORTH RIGHT-OF WAY LINE OF LASALLE STREET 03-12 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF UNITED DRIVE (PRAIRIE AVENUE) FROM THE EAST RIGHT-OF-WAY LINE OF SCOTT STREET TO THE SOUTH RIGHT-OF- WAY LINE OF THE NORFOLK AND SOUTHERN RAILROAD OVERPASS . A SECOND PORTION TO BE VACATED IS SAID UNITED DRIVE BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF SAID NORFOLK AND SOUTHERN RAILROAD OVERPASS THENCE NORTH TO THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET 81-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING UP TO FIVE MILLION SEVEN HUNDRED THOUSAND DOLLARS ($5, 700, 000 . 00) FOR A GARAGE INTEREST IN THE CHASE TOWER BUILDING TO ASSIST REHABILITATION 8 . BILLS, THIRD READING TIME: BILL NO. 02-12 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF LASALLE STREET, WEST OF ST. PETER STREET AND THE FIRST NORTH-SOUTH ALLEY WEST OF ST. PETER STREET, NORTH OF LASALLE STREET. THE STREET IS DESCRIBED AS: ST. PETER STREET RUNNING NORTH FROM THE NORTH RIGHT-OF WAY LINE OF LASALLE STREET 03-12 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF UNITED DRIVE (PRAIRIE AVENUE) FROM THE EAST RIGHT-OF-WAY LINE OF SCOTT STREET TO THE SOUTH RIGHT-OF- WAY LINE OF THE NORFOLK AND SOUTHERN RAILROAD OVERPASS . A SECOND PORTION TO BE VACATED IS SAID UNITED DRIVE BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF SAID NORFOLK AND SOUTHERN RAILROAD OVERPASS THENCE NORTH TO THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET 81-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING UP TO FIVE MILLION SEVEN HUNDRED THOUSAND DOLLARS ($5, 700, 000 . 00) FOR A GARAGE INTEREST IN THE CHASE TOWER BUILDING TO ASSIST REHABILITATION 9. RESOLUTIONS BILL NO. 12-08 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 730 & 734 SOUTH 29Tll STREET, SOUTH BEND, INDIANA 12-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1902 WESTERN AVENUE, SOUTH BEND, INDIANA 12-16 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALER/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2012 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE 12-17 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING STEPPED-UP INITIATIVES TO IMPLEMENT MORE "BEST PRACTICES" EMPHASIZING MORE FUEL- EFFICIENT SUSTAINABLE PROGRAMS 10. BILLS, FIRST READING BILL NO. 04-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $208, 735. 00 FROM THE NONREVERTING LOSS RECOVERY FUND (NO. 227) IN 2012 FOR IMPROVEMENTS AT BELLEVILLE AND HOWARD PARKS s 03-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5, 200 . 00 FROM THE GIFT, DONATION AND BEQUEST FUND (NO. 217) IN 2012 FOR THE DESIGN, PRODUCTION AND INSTALLATION OF WAYFINDING BICYCLE SIGNS 11. UNFINISHED BUSINESS A. REPORTS FROM AREA PLAN COMMISSION 1 . BILL NO. 83-11 ANNEXATION/REZONING 17917 SR 23 12 . NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. 4 �dn�g 13 aG CooNTr-Crrr BuIWINC r/• 227 W.JEMASON BOULEV PHONE 574 x35-9 51 SQpTI1 B.ENA, INDIANA 466OI-7830 .� PA= 574/x35-9171 CrTY or SouTH BEND PETE BUTTIGIEG,MAYOR BOARD OF PUBLIC WORKS January 24,2012 Mr. Mike Danch Danch Hamer&Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 RE: Alley Vacation—St. Peter Street from LaSalle Avenue West to First East/West Alley; East/West Alley West of LaSalle Avenue from St. Peter Street South to the first North/South Alley; and The First North/South Alley North of St. Louis Boulevard and West of LaSalle Avenue to the East/West Alley (Preliminary Review) Dear Mr.Danch. The Board of Public Works, at its January 24, 2012, meeting, reviewed the above referenced alley vacation request. Tony Molnar, Permits Manager, noted that all utilities in the area have been cleared in preparation for this vacation and there are no other property owners adjacent to this property. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this street and alleys. Please contact Tony Molnar at (574) 235-9254 prior t© n W�w up your radius man. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Linda M. Martin,Clerk c: Federico Rodriguez,Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering e v v{, L, L vcw IL lz 3z 14� PI18 I;s �UTg z INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 9/8/2011 TO: c 0 the Price, Solid Waste 7; Littrell, Engineering Department cvChris Dressel, Community& Economic Development L,,, ederico Rodriguez, Fire Department Jeff Gibney, Community& Economic Development ✓ibhn Byorni, Area Plan Commission qtyarni co * iose h.in.us or 235-9813 tax) ,..Stephen Goen, Police Department Cheryl Greene, City Attorney's Office ✓13hil Griffin, NIPSCO { m riffin nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk l-- SUBJECT: REQUEST FOR RECOMMENDATION — STREET VACATION APPLICANT. St. Joseph High School LOCATION: A Portion of St. Peter Street, One East/West Alley and One North/South Alley Surrounding 797 LaSalle Avenue DATE DUE: 9116/11 FAX OR E-MAIL TO: 235-9171 f Imartin,..&outhbendin.gov RECOMMENDATIONS AND COMMENTS: By Date From: Nancy Schrader To: Memo-Vacations Date: 9/8/201112:59 PM Subject: Street Vacation Recommendation -St. Peter Street Attachments: S45C-511090812560.pdf Please provide your recommendation, Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson,Room 1316 South Bend, Indiana 46601 Office: (574)235-9251 Fax:(574)235-9971 This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed.Any use by others is strictly prohibited. #3T$ � tiysl����r:!► INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORDS DATE SENT; 915/2091 TO: Andre Price, Solid Waste Carl Littrell, Engineering Department Chris Dressel, Community& Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community& Economic Development John Byorni, Area Plan Commission (ibvorni@co,st- losel2h.in.us or 235-9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's office Phil Griffin, NIPSCO m rffl<n nisource.com (FYI Only) FROM: Linda M. Martin, Cleric SUBJECT: REQUEST FOR RECONDATION—STREET VACATION APPLICANT: St. Joseph High School LOCATION: A Portion of St. Peter Street, One East/West Alley and One North/South Alley Surrounding 717 LaSalle Avenue DATE DUE: 9116111 FAX OR E-MAIL TO. 235-9171 1 ImartinCa,,,,�southbendin.gov RECOMMENDATIONS AND COMMENTS: By Date �� / From: Andre Price To: Nancy Schrader Date= 9/8/20112:16 PM Subject: Re: Street Vacation Recommendation -St. Peter Street will not affect trash collection From: Stephen Goen To: Nancy Schrader Date: 9/9/20116:26 AM Subjeet: Re. Street Vacation Recommendation -St. Peter Street No Objections This message may contain confidential and/or proprietary information and is intended for the personlentity to whom it was original addressed. Any use by others is strictly prohibited. Lt.Stephen Goen Traffic Commander St Joe Co.Fatal Alcohol Crash Team South Bend Police Department-Traffic Investigations 701 W.Sample St South Bend,IN 46601 (574)235-7515 (574)235-7538 »5 Nancy Schrader 916/201112:58 FM>>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson,Room 1316 South Bend, Indiana 46601 Office: (574)235-9251 Fax: (574)235-9171 This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was odginalty addressed.Any use by others is strictly prohibited. From: <pmgriffin @NiSource.com> To: "Nancy Schrader"<NJSCHRAD @southbendimgov>, <Imartin @southbendin.gov> Date: 9/3/2011 10:23 AM Subject: Re:Street Vacation Recommendation-St. Peter Street Attachments: pic30300.gif,S45C-511090812560.pdf CC: <pclark�7a nlsource.com> NIPSCO has no objections. Philip M.Griffln NIPSCO Project Engineer it Office Phone: 574-284-2214 Mobile Phone: 574-220-3804 FAX: 574•-284-2220 "Nancy Schrader„ <NJSCHRAD@southbe ndin.gov> To <jbyornl@co.st joseph.in.us>, 09/08/2011 12:58 <pmgrlffin @nisource.com>, "Andre PM Price"<APRICE@southbendin.gov>, "Chris Dressel" <CDRESSEL@southbendin.gov>, "Cheryl Greene"<CGRIENE @southbendin.gov>, "Carl Littreli" <CLITTREL @south bendin.gov>, "Federico Rodriguez" <rodrigu @southbendin.gov>, "Jeff Gibney"<jgibney@southbendin.gov>, "Stephen Goen" <SGOEN @southbendin.gov> cc "Nancy Schrader" <NJSCHRAD @southbendin.gov> Subject Street Vacation Recommendation- St. Peter Street Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574)235-9251 Pax: (574)235-9171 ---—----------.-.r rrn.----r.—r—+w..r.....r.`.w.w..nr---w.I.r.w.----- This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed.Any use by others is strictly prohibited. (Embedded image moved to file: View videos and more about South Bend's pic30300.gif) Aft-America City status: wvvw.SouthBendON.com IMPORTANT NOTICE! This E-Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above.Any dissemination,d'€stribution, copying or action taken in reliance on the contents of this E-Mail by anyone other than the intended recipient is strictly prohibited and is not intended to, in anyway,waive privilege or confidentiality. If you have received this E-Mail in error please immediately delete it and notify sender at the above E-Mail address. (See attached file: S45C-51 1 09081 2560.pdf) JOHN W. SYORNI EXECUTIVE DIRECTOR LARRY #'9AGUOZZI DEPUTY DIRECTOR A COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY.CITY BUILDING, SOUTH BEND, JNDOANA 45691 ($741 233.9571 September 9,2011 City of South Bend Board of Public Works 130'Floor,County-City Building South Bend,Indiana 46601 RE: Street and Alley Vacation Applicant:St.Joseph High School Vacation of a portion of St. Peter Street, one IEastNVest alley and one North/South alley surrounding 717 LaSalle Avenue. Dear Board Members: The staff has reviewed this petition. It is the staffs 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. All other streets and alloys within this block were vacated prior to 1983. Vacating the remaining piece of St. Peter and the two alleys would allow the entire block to be developed as one cohesive lot. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. St.Peter has been a dead end street since 1982. The alleys, although still existing on paper,are not accessible today. (3) The vacation would not hinder the public's access to a church,school,or other public building or place. Access to the site could be from St.Louis Blvd,LaSalle Ave,Notre Dame Ave,and Cedar St, (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. As previously mentioned, St.Pater is a dead end street. The access to this site will be moved approximately 170'south onto LaSalle Ave. Due to the above stated reasons,the staff recommends that the proposed alley vacation be approved. Please contact our office If you have any questions or need any additional information. Sincerely, Christa Nayder Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH Lla ERTY, OSCEOi A, !, ROSPLANO WWW,STJCJCPHCOUNTTIHIDF&N� QH Prom: Federico Rodriguez To: Nancy Schrader Date: 9/15/2011 1.54 PM Subject: Re: Street Vacation Recommendation -St. peter Street Approved'S.B.F.D Federico"Chita"Rodriguez Fire Marshal South Bend Fire Dept. 1222 S.Michigan Street South Bend,In. 574-235-7564(0) 574-235-93050 ftdriguftwufte n din.gov >>> Nancy Schrader 9/B/2011 12:58 PM>>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Pubtic Works 227 West Jefferson, Room 1316 South Bend,Indiana 46609 Office: (574)235-9251 Fax: (574)235-9171 This message may contain confidential and/or proprietary information and is intended for the personlentity to whom it was originally addressed,Any use by others Is strictly prohibited. Page 1 of 1 3ennifer Corle- Re: Street Vacation Recommendation - St, Peter Street fi' s�e�dsi�s'.r�C'—u.�"+,.'�'3. r�Yi�:* .. +f'1aDti"4Q.-4.ap4" z 'F' ". �fffi'"dV.?`r'Si�Cihl`FSFPHfWYikC�°7�1R�fe7 From: Chris Dressel To: Nancy Schrader Date: 9/16/20118:15 AM Subject: Re: Street VacAtion Recommendation -St. Peter Street CC: 3ennifer Corle Attachments: 3ennifer Corle Vacation request recommended for approval. My apologies for the belated response. Christopher D. Dressel Planner Bicycle Coordinator Weed and Seed Coordinator City of South Bend Division of Community Development 1200 County-City Building 227 W. Jefferson South Bend, IN 46601 Phone: 574-235-5847 Fax: 574235-9469 cdressel southbendin, v >>> Nancy Schrader 9/8/201112:58 PM >>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235-9251 Fax: (574) 235-9171 NNNNNNNN NNNNN NNNNNNNN N NNNNN NNNNN NNNNNNNNN N NNNN NNNN This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed. Any use by others is strictly prohibited. N NNNN rvrvry NNNNN-vNNNNNNNNNN N NNNNNNN NNNN NNNNN N rvNNNNNNN file://C:1Documents and SettingsUCORLE11,oca1 SettingslTemplXPgrpwiseAE734S9DS(7... 9/16/2011 • U'r INTER-OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING r�s TO: Linda Martin, Clerk Board of Works FROM: Tony Molnar SUBJECT: Vacation of a portion of St Peter and two alleys DATE: January 12, 2012 As you know St Joseph High School has purchased the last property in the old St Joseph Hospital property. They are now asking that the last portion of St Peter Street and one North/South alley and one East/West alley be vacated. Please see the attached map. All utilities have been cleared from the site and there are no other property owners adjacent to the street or alleys. We would recommend that the Board forward the proposed vacation to the City Council with a favorable recommendation. If you have any questions, please let me know. Thanks, Tony F:OATAZ HARETNGINEER1W PDATA}memoboard,wpd ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first East/West Alley North of LaSalle Street, West of St. Peter Street and the first North-South Alley West of St. Peter Street, North of LaSalle Street. The Street is described as: St. Peter Street running North from the North right-of-way line of LaSalle Street. 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 LaSalle Street, West of St. Peter Street (Approx. length-179 ft.) and the first North-South Alley West of St. Peter Street, North of LaSalle Street (Approx. length-210 ft.) . The Street is described as: St. Peter Street running North from the North right--of-way line of LaSalle Street (Approx. length-212 ft.) to its' termination point. All situated in the Plat of Samuel L. Cottrell's Addition to the Town of Lowell, now a part of the City of South Bend, Recorded in Plat Book 1, Page 49, in the office of the recorder of 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 018-5019-0656 Tax Key Number 018-5020-068401 SECTION IV. The purpose of the vacation of the real property is to allow for the future development of the Athletic Field for St. Joseph High School properties located along LaSalle Avenue and St. Louis Blvd. 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 , 2010, at o'clock M. City Clerk Approved and signed by me on the day of f 2010, at o'clock M. MAYOR, CITY OF SOUTH BEND, INDIANA A,. L 0 l 3 Rr AD1NG -OT APPROVED. tEFERRED PASSED February 20, 2012 South Bend Common Council 727 W, Jefferson Blvd. S'm QD- South Bend, IN 46601 Attention. Common Council Members RE: UNITED DRIVE VACATION REQUEST TO CONTINUE BILL NO. 03-12 Dear Common Council Members: I am submitting this letter to respectfully request that the Common Council continue Bill No. 03- 12 until the meeting of March 12th. Thank you in advance for your help in this matter. Sincerely, I Mike[ D. Currier, PLS Enclosure W2011 Projects12011-51001United Dr Vacation%Common Council letter to continue 2-20-12.doc F Filed in Cler�,-v In 27� 1 1 1G TM -TRI ARCHITECTURE GIS CIVIL ENGINEERING LANDSCAPE ARCHITECTURE ENVIRONMENTAL PLANNING RENEWABLE ENERGY LAND SURVEYING Kenneth K Jones.FLS Mark E Wilson,PE Chris R Chocldcy,ASLA, r AP Beryl M.Jones,PLS Nicholas D LaCroix,PE,PTOF Steven J.Vandenbuig RA John G.Kamer.PLS Tljoin-as A.Dencau,PL MS a101IT4� X316 COUNTY-CITY BUILDING Fv ��� 2.27 W JaPpERSox Boar.mmm P X4NE Sl�f+ 23$'9 51 SOUTH BtNO, INDIANA 466ot-IS3o ��, FAX 574/Z35-9171 Ir- xss� CITY oF SouTH BEND PETE BuT-riGTEG, MAYOR BOARD OF PUBLIC WORKS January 3I, 2012 Mr. Mike Currier c/o, Wightman.Petrie 412 South Lafayette Boulevard South Bend, Indiana 46601 RE: Street Vacation—United Drive from Scott Street Northeast to Penn Central Railroad (Preliminary Review) Dear Mr. Currier: The Board of Public Works, at its January 31, 2012 meeting, reviewed comments and recommendations from the Engineering Division,Area plan Commission,Economic Development, Fire Department, and Solid Waste Division. Area Plan stated that the vacation would not hinder the growth or orderly development ofthe 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. Engineering stated you must provide access to the former MITI site for demolition purposes. The Board recommended approval of the street vacation subject to finalization and approval of a Memorandum of Understanding between the property owner, Kevin Smith, and the City of South Bend, Once the Memorandum of Understanding is approved, please contact Tony Molnar at (574) 235-9254 prior to picking up your radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map,proceed to the City Clerk's office for your street vacation packet, Sincerely, LYn a M. Martin, Clexk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboomi, City Cleric's Office Ohl -� PIP Q Z �54{ i ia, O V;41 � 1kf' y '�� d1• � , z { m -4 as W A W to .Vac WILLIAM Si rh S51 w i 4"O� d 4 w c� A w = O A6 VOC FRANKLIN ST. f V i� fj 00 a5,. .•"# &!� � ��.'•a,ue'" �.. „Y.',`. .aie. .' �ar '.`a:� .ap".` -F�� Page 1 of i Nancy Schrader - Urgent_ Street Vacation Recommendation - United Drive From'. Nancy Schrader To: Memo-Vacations Date: 1/27/2012 9:07 AM Subject: Urgent- Street Vacation Recommendation - United Drive Attachments; Please provide your recommendation to the attached today. Important redevelopment project must be done quickly. Thank you. Nancy Schrader City of South Bend Deportment of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235-9251 Fox: (574)235-9171 NNNNNNN/iNNNNN N/�NNNNNIVNNNNN NArNrtir»rtiiliNNNNN N11.NNNNN/lNNNN This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed. Any use by others is strictly prohibited. N N/./N N NN NNN NNArts N.l.N IiNNNNri.lV AI NN N NNNN NNNN//N/.N NNNNN N NNNN file:f/CADocuments and SettingsMSCHRADTocal Settings\Templ.KPgrpwise14F226935... 1/27/2412 Page 1 of 1 Nancy Schrader - Re: Urgent - Street Vacation Recommendation - United Drive From: Bill Schalliol To: Nancy Schrader Date: 1/27/2012 9:09 AM Subject: Re: Urgent- Street Vacation Recommendation-United Drive Good project. We [CED] are working with the developer master planning ways to approve traffic circulation event thought we are seeking to shut down United Drive. Bill S Bill Schalliol Assistant Director of C&ED Community and Economic Development City of South Bend 1200 County-City Building 227 West Jefferson Blvd, South Bend,IN 46601 574-235-5842 Phone 574-235-9021 Fax bschalli@southbendin.gov www,southbendin.gov >>> Nancy Schrader 1/27/2012 9:06 AM >>> Please provide your recommendation to the attached today. Important redevelopment project must be done quickly. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574}235-9251 Fax: (574)235-9171 NNNI\+NN n/NKr NN/V/V Nna K+N N NKr ne.v N/vNlV/V NeV NNN(\rN NIV N N N NN/V!\rN n/N!V NK•N This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed. Any use by others is strictly prohibited. NNNN N/V•V NNNlvNK.NN N/VNNNN!\•NNK•NK•NNNN/V+VN N/VN IV/\INN!\r!V/V.vNNNNN fileWCADocurnents and SettingsMSCHRAMLocal Settings\Temp\XPgrpwisel4F2269B0... 1/27/2012 �p T7i �� a ■ INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 1/2712012 TO: Andre Price, Solid Waste RckNNichols, Engineering Department Chris presser, Community& Economic Development Federico Rodriguez, Fire Department Bill Schalliol, Community& Economic Development John Byorni, Area Plan Commission (byorni@co.stw iose h.in.us or 235-9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (pmg.nffin@nisource,com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — STREET VACATION APPLICANT; Community and Economic Development LOCATION: united Drive from Scott Street Northeast to Penn Central Railroad DATE DUE: ASAP — 1127112 FAX OR E-MAIL TO: 235-917,1 1„Imartin(7southbendinmoy RECOMMENDATIONS AND COMMENTS: -/U6 4wxeTzo,4. Ajsrr �X?E ey — IZA A't,�. Date ]/-7 From: Federico Rodriguez To: Nancy Schrader Date: 1/27/2012 10:28 AM Subject: Re; Urgent-Street Vacation Recommendation -united Drive Street Vacation approved by S.B.F.D. Federico"Chico"Rodriguez Fire Marshal South Bend Fire Dept, 1222 S.Michigan Street South Bend,In. 574-235-7564(0) 574-235-9305(F) rroddQu@5outhbendln.gov >>> Nancy Schrader 1/27/2012 9:06 AM»> Please provide your recommendation to the attached today. Important redevelopment project must be done quickly. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson,Room 1316 South Send, Indiana 46601 Office:(574)235-4251 Fax; (574)235-4f7f This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed.Any use by others is strictly prohibited. JOHN W. BYORNI low oft EXECUTIVE DIRECTOR Aw- LARRY MAGLIOZZI DEPUTY DIRECTOR FAREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD.. ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-0571 January 30, 2012 City of South Bend Board of Public Works 13th Floor, County-City Building South Bend, Indiana 46501 RE: Street Vacation Petitioner: Community& Economic Development Location: United Drive From Scott Street to the Penn Central Railroad 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. It is our understanding that the alley is purposed to be vacated for future development. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. Access will continue to be provided from Sample Street or Lafayette Blvd. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. This alley does not access 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 use of adjacent public ways will not be hindered by this vacation, Lafayette Blvd and Scott Street will continue to provide north-south access. Due to the above stated reasons, the staff recommends that the proposed street vacation be approved. Please contact our office if you have any questions or need any additional information, Sincerely, 14 jk Christa Nayder, Planner SERVING ST. JOSEPH COUNTY, SOUTH SEND, LAREVILLF, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELANO WWW.STJCSEPHCOUNIYFNDIANA.COM From: Chris Dressel To: Nancy Schrader Date: 1/27/2012 4:51 PM Subject: Re: Urgent- Street Vacation Recommendation -united Drive Attachments: Chris Dressel.vcf Recommended for approval. Christopher D. Dressel Planner Bicycle Coordinator Weed and Seed Coordinator City of South Bend Division oFCommunity Development 1200 County-City Building 227 W.Jefferson South Send,IN 46601 Phone;574-235-5847 Fax:574-235-9469 cdressel(cssouthbgndin a >>> Nancy Schrader 1/27/2012 9:06 AM>>> Please provide your recommendation to the attached today. Important redevelopment project must be done quickly. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend,Indiana 46641 Office:(574)235-9251 Fax:(574)235-9171 This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed,Any use by others is strictly prohibited. From: Andre Price To: Bill Schaliiol; Cheryl Greene; Chris Dressel; Federico Rodriguez; Jb... Date: 1130/2012 7:47 AM Subject: Re: Urgent-Street Vacation Recommendation - United Drive 'this will not affect trash collection, Andre Price Manager of Operabons City Of South Bend Solid Waste Dept. 235-5796 From: <pmgriffin @NiSource.com> To: "Nancy Schrader"<NJSCHRAD @southbendin.gov> Date: 113012012 8:18 AM Subject: Re. Urgent-Street Vacation Recommendation-United Drive Attachments: pic11840.gif; S45C-512012710090.pdf CC: <Imartin@southbendin.gov> NiPSCO has no objections Philip M. Griffin NiPSCO Project Engineer Office Phone: 574-284-2214 Mobile Phone: 574-220-3804 PAX: 574-2842220 "Nancy Schrader" <NJSCHRAD @southbe ndin.gov> To <jbyorni@co.st-joseph.in_us>, 01127/2012 09:06 <pmgriffin @nisource.com>, "Andre AM Price"<APRICE @southbendin.gov>, "Bill Schalliol" <BSCHALLI @southbendin.gov>, "Chris Dressel" <CDRESSEL @southbendin.gov>, "Cheryl Greene"<CGREENE @southbendin.gov>, "Federico Rodriguez" <frod rig u a@7southbendln.gov>, "Rob Nichols" <RNiCHOLS @southbendin,gov>, "Stephen Goen" <SGOEN @southben din.gov> cc "Nancy Schrader" <NJSCHRAD @southbendin.gov> Subject Urgent-Street Vacation Recommendation - United Drive Please provide your recommendation to the attached today, Important redevelopment project must be done quickly. k Y R 1966 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 1127/2012 TO: r/4ndre Price, Solid Waste ✓R&Nichols, Engineering Department Chris Dressel, Community & Economic Development v/Pederico Rodriguez, Fire Department mill Schalliol, Community& Economic Development 14bhn Byomi, Area Plan Commission (jbyorn _,co.st- ios ph.in.us or 235-9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office ,---,Phil Griffin, NIPSCO ( m r'rffiinamisource,com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — STREET VACATION APPLICANT: Community and Economic Development LOCATION: United Drive from Scott Street Northeast to Penn Central Railroad DATE DUE: ASAP — 1127112 FAX OR E-MAIL TO: 235-9171/ southbendin. ov RECOMMENDATIONS AND COMMENTS: By Date ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY; THE STREET TO BE VACATED IS A PORTION OF UNITED DRIVE (PRAIRIE AVENUE) FROM THE EAST RIGHT-OF-WAY OF SCOTT STREET TO THE SOUTH RIGHT-OF-WAY LINE OF THE NORFOLK AND SOUTHERN RAILROAD OVERPASS. A SECOND PORTION TO BE VACATED IS SAID UNITED DRIVE BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF SAID NORFOLK AND SOUTHERN RAILROAD OVERPASS THENCE NORTH TO THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET 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 STREET TO BE VACATED IS A PORTION OF UNITED DRIVE (PRAIRIE AVENUE) FROM THE EAST RIGHT-OF-WAY OF SCOTT STREET TO THE SOUTH RIGHT-OF- WAY LINE OF THE NORFOLK AND SOUTHERN RAILROAD OVERPASS FOR A DISTANCE OF 750 FEET, PLUS OR MINUS AND A WIDTH OF 80 FEET. A SECOND PORTION TO BE VACATED OF SAID UNITED DRIVE BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF SAID NORFOLK AND SOUTHERN RAILROAD OVERPASS THENCE NORTH TO THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET FOR A DISTANCE OF 63.49 FEET, MORE OR LESS AND A WIDTH OF 80 FEET. SAID RIGHT- OF-WAY BEING A PART OF STUDEBAKER CORP. REPLAT AND STATE BANK OF INDIANA PLAT OF OUTLOTS, TOWN (NOW CITY) OF SOUTH BEND, PORTAGE TOWNSHIP, 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: 018-3043-1655 018-3043-165407 018-3043-165408 018-3043-165409 SECTION IV. The purpose of the vacation of the real property is to create and further development opportunities on the former Millennium Environmental site and allow connectivity through development to the Union Station site and the Ivy Tower complex. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock M. City Clerk Approved and signed by me on the day of , 2 , at o'clock M. Mayor, City of South Bi . Indiana Filed ; "$ . 1 si READING , t PuFLiC HEARING � 3 rd F EA3�oG ' ' r NOT APPROVO i,E ERRED PASSED e L .. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING UP TO FIVE MILLION SEVEN HUNDRED THOUSAND DOLLARS ($5,700,000.00) FOR A GARAGE INTEREST IN THE CHASE TOWER BUILDING TO ASSIST REHABILITATION. STATEMENT OF PURPOSE AND INTENT The Chase Tower building ("Chase Tower") is located in the heart of downtown South Bend across from the County-City Building at 211-213 West Washington Street. It is the tallest building in South Bend and contains a bank, business offices, a hotel, restaurants and a parking garage. Presently, Chase Tower is in foreclosure proceedings, and is in urgent need of repair and rehabilitation. An entity known as Care Hotels Indiana, LLC, an Indiana limited liability company ("Care Hotels") and affiliate of Care Hotels plans to purchase the Chase Tower at sheriff foreclosure sale, thereby satisfying the judgment of foreclosure acquired by the lender Huntington National Bank. However, once released from foreclosure, Chase Tower requires substantial Capital improvements to retain and attract tenants, attract guests to the hotel portion of the building, and otherwise become a viable commercial enterprise. The total cost to make these repairs is not financially feasible for a developer. In order to rehabilitate Chase Tower and assure it will increase in assessed value subject to payment of property tax, that it will retain and create new jobs in downtown South Bend, and that it will remain a vital commercial enterprise in the heart of South Bend, it is necessary for the City of South Bend to assist in the Chase Tower rehabilitation by appropriating funds for this purpose. The City will thereby acquire a long term interest in the garage portion of Chase Tower which will assist in the general rehabilitation of Chase Tower. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The sum of Five Million Seven Hundred Dollars ($5,700.000.00) be and hereby is set aside within Rainy Day Fund No. 102 for the purpose of acquiring a long term interest in the garage portion of Chase Tower which will assist with general rehabilitation of Chase Tower. Section II. The monies appropriated under this Ordinance shall be reimbursed to the Rainy Day Fund (#102) in annual payments from Tax Increment Finance-South Bend Central Development Area Fund (TIF-SBCDA) No. 420 out of the incremental increase in tax revenues resulting from the differential in assessed valuation of Chase Tower at this time and after rehabilitation is undertaken under this development plan. These annual reimbursement payments from Fund No. 420 to Rainy Day Fund #102 shall be made until the original appropriation of $5,700,000.00 is repaid and satisfied in fWl. Section 111. The Mayor is authorized to execute a Development Agreement on behalf of the City between the City and Care Hotels. Section IV. This Ordinance shall be in full force and effect upon passage by the Common Council, approval of the Mayor, and any publication required by law. 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 2011, at o'clock M. City Clerk Approved and signed by me on the day of , 2011, at o'clock �. M. Mayor, City 1.i PL#r�L;c N AR ING rU, t L,sS E 3 ['10T APPRwo PASSED PEACE CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GRECC D.ZIENTARA CONTROLLER December 7, 2011 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 re: Ordinance of the Common Council Appropriating Monies to Assist in the Chase Tower Building Rehabilitation Project Dear President Dieter: The Chase Tower building ("Chase Tower") is located in the heart of downtown South Bend across from the County-City Building at 211-213 West Washington Street. It is the tallest building in South Bend and contains a bank, business offices, a hotel, restaurants and a parking garage. Presently, Chase Tower is in foreclosure proceedings, and is in urgent need of repair and rehabilitation. An Entity known as Care Hotels Indiana, LLC, an Indiana limited liability company ("Care Hotels") and affiliate of Care Hotels plans to purchase the Chase Tower at sheriff foreclosure sale, thereby satisfying the judgment of foreclosure acquired by the lender Huntington National Bank. However, once released from foreclosure, Chase Tower requires substantial Capital improvements to retain and attract tenants, attract guests to the hotel portion of the building, and otherwise become a viable commercial enterprise. The total cost to make these repairs is not financially feasible for a developer. In order to rehabilitate Chase Tower and assure it will increase in assessed value subject to payment of property tax, that it will retain and create new jobs in downtown South Bend, and that it will remain a vital commercial enterprise in the heart of South Bend, it is necessary for the City of South Bend to assist in the Chase Tower rehabilitation by appropriating funds for this purpose. The City will thereby acquire a long term interest in the garage portion of Chase Tower which will assist in the general rehabilitation of Chase Tower. City Administration requests Council approval to invest up to $6.7 million for the purpose of acquiring a long term interest in the parking garage thereby providing financial assistance to the developer, to affect the repairs, maintenance rehabilitation necessary in the structure. The Raining Day Fund # 102 will provide the cash funds for this appropriation. The monies appropriated under this Ordinance shall be reimbursed to the Rainy Day Fund (#102) in annual payments from Tax Increment Finance-South Bend Central Development Area Fund (TIF-SBCDA) No. 420 out of the incremental increase in tax revenues resulting from the differential in assessed valuation of Chase Tower at this time and after rehabilitation is undertaken under this development plan. County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601-1$30 Phone: 5741235-9216 Fay;: 5741235-9928 TDD: 5741235-5567 These annual reimbursement payments from Fund No. 420 to Rainy Day Fund #102 shall be made until the original appropriation of$5,700,000.00 is repaid and satisfied in full. City Administration submits this appropriation spending request for I" reading at the December 12, 2011 Council Meeting, 2nd read, public hearing, 3"d read and Council vote at the December 19, 2011, special Council meeting. Mayor Luecke will present this bill to Council at the appropriate committee meeting and at the Council session. Regards, P Gregg D. Z t r ` cc: Stephen J. Luecke, Mayor of the City of South Bend iVH . ., (; 4' Z u i DRAFT: 12115/2011 SUMMARY OF CHASE TOWER(DEVELOPMENT AGREEMENT • Care Hotels will invest a minimum of$4 million in equity in the purchase and rehabilitation of the Chase Tower and make Building Improvements in an amount not less than$11,400,000, as described on the attached Exhibit A. • The City will purchase a 99 year leasehold interest in the Chase Tower parking garage in exchange for$5.7 million dollars, and the proceeds will be available for improvements to the Chase Tower building. • The proceeds of the parking garage transaction will be held in escrow until Care Hotels has spent a minimum of$5.7 million of its own funds on Chase Tower Building Improvements. • Until the hotel is re-branded as an "Upper Midscale"hotel,no more than $1.5 million in escrowed funds may be accessed by Care Hotels • Care Hotels is required to maintain the office building portion of the Chase Tower as Class B or better office space for ten years. • Care Hotels is required to operate the hotel portion of the Chase Tower as an"Upper Midscale"hotel or better for ten years. • Failure to maintain the office building as Class "B" office space or failure to operate the hotel as a Qualified Hotel Brand for ten years will require Care Hotels to reimburse the City for the $5.7 million purchase price in an annual prorated amount for the number of years remaining at the time of violation of the requirement. • Care Hotels will use commercially reasonable efforts to recruit and hire minority and women employees in its operations and to utilize local contractors and vendors for its improvements to the Chase Tower building. • Care Hotels will not seek any real or personal property tax abatement for ten years. • Care Hotels will not appeal any real property tax assessment for 10 years unless the assessed value exceeds $12 million. • As security for its obligations, Care Hotels will grant the City a mortgage lien and assignment of rents in favor of the City, such lien and assignment to be subordinate to the interests of Care Hotels' lenders B©OB01303MOA EXHIBIT A Building Improvements The Building Improvements may include the items listed below, and a minimum of $1'1,400,000 will be spent on Building Improvements. Building Improvement Item Estimated Cost Replacement of four(4) elevators $970,000 Property Improvement Plan(PIP) for hotel $5,500,000 rebranding Parking garage repair $500,000 Repair or replacement of HVAC $1,000,000 Repair or replacement of roof $175,000 Water and sewer re air $300,000 Window upgrades $$50,000 FaVade and building cosmetic repairs $1,000,000 Construction contiggency contingency $355,000 Lien claim settlements with local $250,000 contractors Related expenses: architect, engineering, $200,000 third party reports, licenses and permits T'OT'AL, $11,400 000.00 8DD90190384300 DRAFT: 12/15/2011 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement"), effective as of December , 2011, is made and entered into by and among the City of South Bend, Indiana., a political subdivision and municipal corporation of the State of Indiana, by and through its Board of Public Works (the "City"), the South Bend Redevelopment Commission (the "Commission"), and Care Hotels Indiana, LLC, an Indiana limited liability company ("Care Hotels") (each individually, a "Party"and, collectively, the"Parties"). RECITALS WHEREAS, the Chase Tower is located at 211-213 West Washington Street, South Bend, Indiana (the "Chase Tower") in the heart of downtown South Bend and is the tallest building in South Bend; and WHEREAS, Chase Tower is a landmark South Bend building including offices, a bank, hotel, restaurants and a parking garage; and WHEREAS, Chase Tower is currently in foreclosure, is in desperate need of substantial repair and rehabilitation, and is at risk of losing its tenants; and WHEREAS, on August 5, 2011, the St. Joseph Superior Court entered a Judgment Entry and Decree of Foreclosure against the current owner of the Chase Tower, Dillingham Hill RE, LLC ("Dillingham"); and WHEREAS, Care S.B. Acquisition, LLC, a Delaware limited liability company ("Care S.B."), an affiliate of Care Hotels, is planning to enter into a Loan Purchase Agreement under which Care S.B. will commit to purchase the Dillingham loan and judgment from The Huntington National Bank, the foreclosing lender; and WHEREAS, Care Hotels plans to purchase the Chase Tower at Sheriff Sale following Care S.B.'s purchase of the loan and judgment; and WHEREAS Care Hotels' principal, Satish A. Gabhawala, is experienced in rehabilitating distressed hotel properties; and WHEREAS, Care Hotels wishes to make certain needed capital improvements to the Chase Tower, which are more particularly described in Exhibit A {the `Building Improvements"); and WHEREAS, without the financial assistance of the City, rehabilitation of the Chase Tower would not be financially feasible for a developer; and WHEREAS, it is in the best interests of the citizens of the City to prevent the further deterioration of the Chase Tower, maintain the presence of the tenants in the Chase Tower, establish or maintain a reputable branded hotel in the Chase Tower, encourage the undertaking of aDDBOi 90052150 (c) The Commission shall enter into a Garage Lease and Operating Agreement providing Care Hotels with all rights, privileges and responsibilities for the use, operation, maintenance and full enjoyment of the parking garage. (d) The Commission's interest in the parking garage shall be subordinate to the interests of Care Hotels' lenders providing financing in connection with the Chase Tower. The Commission shall enter into a Financing Agreement with Care Hotels and Care Hotels' lenders documenting such subordination and addressing the implications of any loan default with respect to the Commission's Garage Interest. (e) The City and the Commission further agree to cooperate and act in good faith with Care Hotels in completing any definitive agreements contemplated hereunder on terms typically found in agreements of the kind contemplated by this Agreement, and any actions that are necessary to complete the transactions contemplated by this Agreement. SECTION 2. Care Motels Agreements. Care Hotels agrees with the City and the Commission as follows: (a) Invest a minimum of Four Million Dollars ($4,000,000) in equity into the purchase and rehabilitation of the Chase Tower. (b) Pursuant to Section 1 of this Agreement, Care Hotels agrees to (i) obtain fee simple title to the Chase Tower and (ii) undertake the Building Improvements in an amount not less than Eleven Million Four Hundred Thousand Dollars ($11,400,000) inclusive of the proceeds of the Purchase Price. Such Building Improvements shall be completed by the later of January 31, 2013, or one (1) year from the date that Care Hotels receives fee simple title to the Chase Tower. (c) Care Hotels shall maintain the office building portion of the Chase Tower as Class B or better office space, as defined on Exhibit B, for a period of not less than ten(10) years following Care Hotels'receipt of fee simple title to the Chase Tower. (d) Upon the later of June 30, 2012, or six (6) months from the date that Care Hotels receives fee simple title to the Chase Tower (the "Rebranding Period"), Care Hotels shall cause the hotel located in the Chase Tower for a period of not less than ten (10) years to be operated as a Holiday Inn, Holiday Inn Express, Holiday Inn and Candlewood Suites hotel, or an "Upper Midscale" hotel or higher rated chain hotel as identified from time to time by STR Global on its STR US Chain Scales currently available at: htt ://www.str lobal.com/documents/STRChainSeca e. df, and more particularly described in Exhibit C (collectively "Qualified Hotel Brands'). For purposes of calculating the ten (10) year period of operation as a Qualified Hotel Brand, the period of time from the execution of a franchise agreement for a Qualified Hotel Brand and the date of termination of a franchise Agreement for a Qualified Hotel shall count towards such ten (10) year period. In the event Care Hotels violates the provisions of Sections 2(c) or 2(d) by failing to maintain a Class B office building or by failing to operate a Qualified Hotel - 3 - BDDB01 90052150 Brand in the Chase Tower, the City will be entitled to a reimbursement of the purchase price of the Garage Interest calculated by dividing the amount of the purchase price by the number of years remaining in the obligation to operate the Chase Tower as required by Section 2(c) and 2(d). By way of illustration, if Care Hotels fails to operate the Chase Tower in compliance with Section 2(d) after five (5) years has elapsed from the completion of the Rebranding Period, the City will be entitled to a .reimbursement from Care Hotels in the amount of Two Million Eight Hundred Fifty Thousand Dollars ($2,$50,000). Should Care Hotels fail to meet the requirements of both Section 2(c) and 2(d), only the longer of the two periods remaining in the obligation to operate the Chase Tower as required by Section 2(c) and 2(d) shall control for purposes of calculating any reimbursement. In no event shall Care Hotels be required to reimburse the City more than Five Million Seven Hundred Thousand Dollars ($5,700,000). (e) As security for Care Hotels' commitments in Sections 2(b), 2(c) and 2(d) above, Care Hotels shall grant a mortgage lien and assignment of rents in the Chase Tower in favor of the City, such mortgage lien and assignment of rents to be subordinate to the interests of Care Hotels' lenders providing financing and re- financing in connection with the Chase Tower. The City covenants to cooperate with Care Hotels and its lenders with re-financing of the loan(s) in connection with the Chase Tower. (f) Care Hotels will comply in all materials respects with all applicable laws related to the construction of the Building Improvements. Care Hotels further agrees to cooperate and act in good faith with the City and the Commission in completing any definitive agreements on terms typically found in agreements of the kind contemplated by this Agreement, and any actions that are necessary to complete the transactions contemplated by this Agreement. (g) Care Hotels will provide the City, the Commission and any other applicable governmental agencies all information reasonably deemed necessary to complete the actions contemplated by this Agreement. Care Hotels acknowledges and understands that all such information, to the extent provided to a governmental agency, may be subject to the Indiana Access to Public Records Act. (h) Care Hotels will not seek any tax abatement, real or personal, during the ten (10) year period described in Section 2(d). (i) For the ten (10) year period described in Section 2(d), Care Hotels will not appeal any real property tax assessment of the property unless the assessed value of the Chase Tower real property and improvements exceeds Twelve Million Dollars ($12,000,000). (j) Care Hotels will use commercially reasonable efforts to recruit and hire minority and women employees in its operations and to utilize local contractors and vendors for improvements to the Chase Tower building. -4 - BDDB01 9005215v7 SECTION 3. Conditions to Obligations of the Parties. The Parties acknowledge and understand that notwithstanding anything in this Agreement to the contrary (i) the Parties must take future actions to undertake and implement certain obligations under this Agreement; (ii) the representations of and performance of the covenants and agreements of the City are subject to and contingent upon compliance with and completion of applicable statutory and administrative procedures, including, without limitation, applicable public notice and public hearing requirements, official actions by governing bodies, and any remonstrance and appeal rights; and (iii) the representations of and performance of the covenants and agreements of Care Hotels are subject to and contingent upon (A) approval of this Agreement by the Members and/or such other limited liability company approval as is required by the governing documents of Care Hotels, and (B) the satisfaction of the conditions and contingencies set forth in this Agreement. Each Party covenants that it shall use its best efforts to do all things lawfully within its power to take the necessary actions to effectuate the obligations contemplated hereby and otherwise implement this Agreement to the fullest extent possible in accordance with the time frames set forth herein, unless such dates are extended by mutual written consent of the Parties. SECTION 4. Closing Dates; Termination. (a) The Parties shall use commercially reasonable efforts to enter into the Closing Agreements, and complete the sale of the Garage Interest to the Commission upon the earlier of February 29, 2012 or fourteen (14) days from the date that Care Hotels receives a fee simple interest in the Chase Tower (the "Closing Date"). The Closing Date shall be extended as necessary should events beyond the control of the Parties inhibit Care Hotels' ability to obtain fee simple title to the Chase Tower. (b) The Parties agree to promptly execute and deliver such additional agreements, instruments and documents (including those specifically identified herein), provide such additional financial or technical information, hold and attend such public hearings or meetings relating to the projects contemplated herein and the additional actions required by this Agreement, and take such additional actions as may reasonably be required from time to time in order to effectuate the obligations contemplated by this Agreement. (c) The City, the Commission and Care Hotels may terminate this Agreement (and this Agreement shall have no force and effect and the Parties shall have no further obligations under this Agreement) immediately upon written notice to the other Parties if the actions required in this Section 4 have not been completed by the Closing Date, unless such date is extended by mutual written consent of the Parties. SEC'T'ION 5. General. (a) The Parties agree that time is of the essence in the matters described herein. (b) The City, in good faith, shall expedite the review and approval of all required environmental, health, safety, construction and other permits, licenses, commitments and approvals relating to the Building Improvements. - 5 - BDDBOI 90052I5v7 N This Agreement may be executed (by facsimile, digital or other electronic means) in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument. (i) This Agreement shall be binding upon, inure to the benefit of and be enforceable by the Parties and their respective successors and permitted assigns. 0) This Agreement may be amended only by a written instrument executed by all of the Parties. Any condition precedent to any Party's obligations hereunder may be waived only in writing by such Parry. (k) All Exhibits attached hereto are incorporated herein by reference. (1) This Agreement and the Exhibits hereto contain the entire understanding of the Parties and this Agreement supersedes all prior agreements and understandings, oral and written,with respect to this subject matter. (m) In the event of the breach of this Agreement by any Party, such breaching Party shall not be liable to any other Party to this Agreement for any consequential, incidental, special or punitive damages. (n) Any notices, requests, or other communications required or permitted to be given hereunder shall be in writing and shall be either (i) delivered by hand, (ii) mailed by United States registered mail, return receipt requested, postage prepaid, (iii) sent by a reputable, national overnight delivery service (e.g., Federal Express), or (iv) sent by facsimile (with the original being sent by one of the other permitted means or by regular United States mail) and addressed to each party at the applicable address set forth herein. Any such notice, request, or other communication shall be considered given or delivered, as the case may be, on the date of hand delivery (if delivered by hand), on the third (3rd) day following deposit in the United States mail (if sent by United States registered mail), on the next business day following deposit with an overnight delivery service with instructions to deliver on the next day or on the next business day (if sent by overnight delivery service), or on the day sent by facsimile (if sent by facsimile, provided the original is sent by one of the other permitted means as provided in this paragraph or by regular United States mail). City: Mayor City of South Bend 1400 County-City Building South Bend, Indiana 46601 Telephone: (574) 235-9241 Facsimile: (574) 235-9892 - 7 - 13DD801 9005215v7 with copies to: City Attorney City of South Bend 1400 County-City Building South Bend, Indiana 46601 Telephone: (574) 235-5857 Facsimile: (574)235-7670 Commission: Director of Community and Economic Development City of South Bend 1200 County-City Building South Bend, Indiana 46601 Telephone: (574)235-9371 Facsimile: (574)235-7670 with copies to: Richard A. Nussbaum, II 210 South Michigan Street 5th Floor- Plaza Building South Bend, Indiana 46601 Telephone: (574)234-3000 Facsimile: (574)234-4220 Care Hotels: Satish Gabhawala Care Hotels Indiana, LLC 11650 S.Walnut Ridge Dr. Palos Park, IL 60464 Telephone: (404) 816-5759 Fax: (404) 816-6260 with a copy to: Richard L. Hill Baker&Daniels LLP 202 S. Michigan Street, Suite 1400 South Bend, Indiana 46601 Telephone: (574) 234-1937 Facsimile: (574)239-1955 - 8 - BDDB01 90052150 IN WITNESS HEREOF, the Patties hereto have caused.this Agreement to be executed by their duly authorized officers effective as of the date set forth above. CITY OF SOUTH BEND,INDIANA CARE HOTELS INDIANA, LLC By: By: Printed: Printed: Title: Title: Dated: Dated: SOUTH BEND REDEVELOPMENT COMMISSION By: Printed: Title: Dated: BDDBOI 9005215v7 EXHIBIT A Building Improvements The Building Improvements may include the items listed below, and a minimum of $11,400,000 will be spent on Building Improvements. Buildirn —Improvement.Item Estimated Cost Replacement of four 4 elevators $970,000 Property Improvement Plan (PIP) for hotel $5,500,000 rebrandin Parking garage repair $800,000 Repair or re lacement of HVAC $1,000,000 Repair or re lacement of roof $175,000 Water and sewer repair $300,000 Window upgrades $850,000 Fa ade and building cosmetic re airs $1,000,000 Construction contingency $355,000 Lien claim settlements with local $250,000 contractors Related expenses: architect, engineering, $200,000 third 29AX reports, licenses and permits TOTAL $11 400,000.00 Bnos0i 9005215v7 EXHIBIT C Qualified Hotel Brands Holiday Inn Holiday Inn Express Holiday Inn and Candiewood Suites hotel "Upper Midscale" hotel or higher rated chain hotel as identified from time to time by STR Global on its STR US Chain Scales, the current list attached BDDBOI 9005215v7 Areaboard of Zoning Appeals—February 1, 2012 area like this the owners must live in that home. The business started that way and they were unaware of the fact that when the business moved to another location it no longer fell within those guidelines. And that's the reason we're before the Board today for the Special Exception to allow this. The neighbors have been very receptive to the daycare. In the booklet that you're looking at there it kind of gives you some pictures and the history of the thing. About midway through you'll find a map of support. The Barbour's went around to all the neighbors they could possibly reach in there. If you look at that map you'll find the pink parcels, there's 46 neighbors that signed a petition basically in support of the daycare and what they've done with the two homes in the location right there. Some of the things that history wise I'll let the Barbour's go into that a little bit further, but unaware of the fact that once they separated their home from the business it required this type of variance and that's why we're before the Board today. MRS. TAMI BARBOUR: I'm the owner of Wee Friends. I live at 701 S. Ironwood Drive in South Bend which is also in the River Park neighborhood. Mr. Lang did a great job of covering our history. When 1 opened in 19961 did check zoning and was told that there was no zoning for family child care. So we made our-decision to expand over into it's own house. We kept our River Park household where it was and moved to 730 in 2002 and didn't have any problems with that and then as he said in 2010 we purchased the foreclosed home. Actually we expanded the business because there was a foreclosed home next door that needed to be bought because it was a house that had had drug people in there, fighting pit bull people in there, kids vandalizing the neighborhood people and we couldn't afford to have that house stay next to us so we purchased that house and expanded the business for that reason. And in that we chose to make that an infant and toddler classroom because of the need for infant and toddler care in St. Joe County. It's huge need for high quality daycare situation. And that's in part why we have lots of letters of support from the community because we have formed this high quality environment that is very hard to find. We did not know of the rule having the parentheses of being primary resident until December 18th of this year, I mean I guess 2011, two days later we started this process of filing for this Special Exception. We were not trying to be outside of the Code Enforcement rule. I was operating off of what I was told in 1996. Parking I know is an issue for having a business within a residential area. We, Mr. Lang and Mr. Feeney, have verified that we have the on site parking that is required to have a business. And in addition to that we have sought the neighborhood church which is just a few houses down from us, they have a parking lot and they have given us written permission to park in that parking lot and in which our staff does that. And they also have given us permission to use that for overflow parking for any parents. And within your packet there's a tab labeled parking and that parking tab we have a written policy for parents and staff that they must sign that states that parents to try and be courtesy to the neighbors. We have put together this policy that says that they only park in front of our Wee Friends houses and then we have a neighbor, it's actually Debbie Ramer, she's here today is support of us, that they've said, "park in front of our houses, we're fine with that". Or they can park in one of the on site parking places we have or they can park over at the church to try and interfere as little as possible with the parking of the neighborhood because that would be the biggest thing. Just a few things about our business, We are State licensed and have been since 1996 and State licensing requires that we are in a residential neighborhood as family child care that is part of the requirements. By that we are limited on the number of children we can take. So you know we are small, each site is small and we're limited to the number of children. We are also PTQ, past the quality level 4. We were first or the second in St. Joe County when they enacted that program to become the highest level. We've been accredited through National 25 Area Board of Zoning Appeals—February 1, 2012 Association for Family Child Care since 1999. So we're just a very high quality child care and I have lots of letters from the community, from professors at IUSB, from the local resource and referral to testify to that. We're good neighbors too and I think that shows in our 46 letters of support that we have. When I walked around door to door and talked to people they're happy that we're there because we take care of the houses and even though I don't sleep there at night I am there every single day making sure everything is running the way that it should, the houses are well kept. Other people that we have today, we have Mike Hefner from River Park Neighborhood Association, he came here today to show his support. I've spoken with them and the River Park Association is really glad that we're in the neighborhood and have said that we should be the model for the way communities take a property that is in really bad shape and make something really good for the neighborhood because we serve the community with quality child care right in their back yard. And then we also have a letter in there from Valerie Schey, our common council member, who we've spoken at length with and she supports having us in this neighborhood. And then also I do have some parents here that rely on us for quality child care and would be hard pressed to find in another child care what we offer in another program. Could you guys stand up for me please, the neighbors and Mike and...? ABOUT TWELVE TO FIFTEEN PEOPLE IN THE AUIDENCE STOOD AT THIS TIME MRS. BARBOUR: I think that might be it. If you have any more questions, I'd be glad to answer. MR. HAWLEY: You mentioned staff, how many do you have on staff? MRS. BARBOUR: We're required to have 2 staff members at each site, however, we actually have three staff members, three teachers for each of our sites. We go above and beyond by a whole teacher at each place of what the State ratio is requiring, because once again we're offering that high quality. MR. HAWLEY: I might have missed this but how many children do you have or can you have there? MRS. BARBOUR: In the 730 house, we have a State license which is a Class Two license and that is for sixteen children. For the second house that we bought in 2010, because it was going to be an infant and toddler program, we actually licensed it as a Class One home which is for a maximum of 12 children. Because you shouldn't have more than that in a place for the younger children. MR. CRUMLISH: I have a question for Mr. Bulot. If there's no one any longer residing in the house, as she's explained, now it becomes a public building and it's a change of use , it's not Iong a private building but a public building subject to the American Disabilities Act? MR, BULOT: I'm not sure about that. The zoning allows this type of use through a Special Exception, this question's never come up before, I would have to check into it. MR. PHIPPS: I think my difficulty with this is along the same line, it's seems like what we're being to do through, I'll give Terry credit for an imaginative approach, but really we're being asked to approve the 26 Area Board of Zoning Appeals—February 1, 2012 have some additional parking with the church and on the street and the neighbors, etc. I would also like to note that a child care center was an allowed use in the prior zoning ordinance so and I don't know exactly when everything kind of transpired, it sounds like, June 13, 2005 is the date of the new ordinance so it was operating as a child care center prior to, it sounds like it qualified for non-conforming, now it's been expanded, so it would be like an expansion of a non-conforming use which would still need a Special Exception, it just got caught a little later than when the zoning ordinance changed. MR. PHIPPS: I'm assuming that parents picking up, dropping off or picking up children mostly park at the curb in front of the two buildings? MRS. BAMBOUR: That is correct and we've said that if they're going to remain in the building for longer than 10 minutes, that they use one of our on site that are off street parking so that they're not clogging up the street. And I've really paid special attention to it and we just don't have, not everybody comes at once. They trickle in and out and I've never seen all of our on street used on our side of the street. And parents have been courtesy about using the on site off street when they're there. IN FAVOR MR, MIKE HEFNER: President of the River Park neighborhood Association. And I just wanted to let you know that when we met in January we voted unanimously in support of this exception and we respectfully request that they be granted the exception. Thank you. REMONSTRANCE MS, BILLIE WHITE: I live at 725 S. 29`h Street. I've been there probably 16 years. Mr. George owns the home and he is hard of hearing we live directly across the street right by the alley by these people. The first time I met this woman she's been open since 90 something and the parking has been horrible, There is no place to park most of the time. Now since she closed her business down for about a month it has gotten a little better. The workers down at the church parking lot but as far as being friendly the only friendly person I know she even talks to is the man across the street which is Tim. They sometimes have double parked. Our streets do not get plowed much in the winter. There is no place to park. And as far as I know nobody's every, she's never lived in that house. Now I'm all for day care. I have 14 grandchildren, I have almost 10 great grandchildren and some of them are in day care. Not her's but I've not seen any places that she claims they can park either. MR. HAWLEY: Ma'am just a question, you mentioned you live right across the street from the subject property? MS. WHITE: Yes. There's an alley and then there's an alley on her side. It's like, I live at 725. MR. HAWLEY: Now do you rent your home? 28 Area Board of Zoning Appeals —February 1, 2012 MS. WHITE: No. Mr. George owns the home. I've been there for 16 years to take care of him. I pay him rent. He's sitting there but he doesn't hear well, MR. HAWLEY: You're a caretaker for him? MS. WHITE: Yes. MR. HAWLEY: Oh, I see. Thank you. REBUTTAL: MR. LANG: Basically the petition before you for this Special Use or Special Exception, the map itself shows we have 46 neighbors in support of the use of the day care here. We have one resident caddy corner across the street on the other side of the alley from where we're located and by their terms the parking has gotten better since we've instituted the parking changes that have come to our attention. The fact that the staff is now parking down at the church, the time frame in which the kids are dropped off and picked up, I've done it myself when my daughter was younger. You know fly in and 3 minutes it takes for the kid to get his coat and boots on or whatever and then you're out the door, is a time frame that my get expanded. All of the people now that have children at the facility are aware of the policy and that they need to go to the off street parking if they're going to be longer than that time frame. The use of the property I think from all the letters of support and the community people that have also given letters in this packet shows that there was a demand for this type of facility. It's high quality. It's very well controlled. Educational atmosphere for the children and it wouldn't have that kind of support from the neighbors and from the community if wasn't a first class operation and I think the continued use of it with the changes that the staff has made over that month's time frame when the transition was taking place through this, it shows that it's already gotten better from what the comments were made. MR. PHIPPS: Terry just to clarify, are you in agreement then that you're request for variances are not required and that we should only be voting on our recommendation on Special Exception? MR, LANG: It is strictly a recommendation for the Special Exception is what we are asking for. A motion for approval was made by Mr. Phipps and seconded by Mr. Hawley. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36-7-4-918.5; therefore, the petition was sent to the Common Council with a Favorable Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION FOR SPECIAL EXCEPTION IS SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION 29 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 730 & 734 South 29th Street South Bend, IndianA 46615 WHEREAS,Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana.Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4; 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 Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a special exception be granted from the property located at: 730& 734 South 29t' Street, South Bend, Indiana 46615 in order to permit: Special Exception to operate a Child Care Facility without the Owner/Operator residing at said facility in a R Zoned District. SECTION U. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: —SpecialUseResolutionCity.doc I. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council i PRESENTED i NOT APPROVES ' E 'DOPTE0 —SpecialUseResolutionCity.doc JANIECESHA O'NEAL The petition of Janiecesha O'Neal seeking a Special Exception to allow for a bar/restauranVnightelub in a "MU"district and a variance from the required 84 parking spaces to 2, on property Iocated at 1902 Western Ave., Portage Township. Zoned "MU". MR. BRUCE HUNTINGTON: I'm an attorney with the taw firm of Botkin and Hall, 105 E. Jefferson here in South Bend. Members of the Board, we need a slight amendment to this petition. It shows two parking spaces in fact we have a total of 27 parking spaces available by virtue of the fact that there is now a lease for adjacent parking in a lot adjoining and I have a copy of that lease that I can provide. MR. LYONS: How many of those are actually on the parcel proper? MR. HUNTINGTON: There are 5 on the parcel itself: MR. LYONS: The actual change then would be 5 with the supplemental parking spaces... MR. HUNTINGTON: The supplemental parking spaces will provide for a total of 27 spaces, not 5. The petitioner for this Special Exception to allow the re-use of what was the farmer Seahorse nightclub and bar. As you're aware the Seahorse has been closed for several years now. It was purchased by a young woman and it is now being leased to Janiecsha O'Neal. Ms. O'Neal is an experienced business woman here with businesses here in South Bend and family here in South Bend and wishes now to take this property and transform it once again into a night spot. I'm sure you're all familiar with Western Ave, and where this located in the 1940 block basically across from the Goodwill and that portion of Western Ave. between the 49 Area Board of Zoning Appeals--February 1, 2012 5 bridge and say Olive Street, the new railroad bridge on Olive Street. It's our contention that we're not going to injury the public health or welfare. That we are offering what has been there in the past and has operated sometime successfully in the past. It is now a re-use of what is a vacant building and we would ask the Board, I would ask this Commission to send it favorably with a Favorable Recommendation to the Council. MR. PHIPPS: Bruce, where are these supplemental parking space located? .MR. HUNTINGTON: I believe, Mr. Phipps, that they are immediately across the street. Ms. O'Neal is here and she can answer your question directly. MS. O'NEAL: 1017 N, Meade St., South Bend, Indiana. MR, PHIPPS: Okay, the last question ma'am was, and he referred, your attorney referred to you, is where are the additional parking spaces? MS. O'NEAL. It's two vacant houses and then it's a parking lot. It's right like on the corner of Jackson, almost on the corner of Jackson it's a big field on the corner and then it's a small parking lot. MR. URBANSKI: Okay, the parking lot is paved the other two lots are not paved, is that correct? MS. O'NEAL: The parking is paved. MR. URBANSKI: That's what I Just said, the parking lot is paved, the two lots on the corner of Jackson are not? MS. O'NEAL. No, it's not the corner of Jackson. It's a field on the corner of Jackson and then like over the fence it's a parking lot right there and then it's two abandoned houses, then it's Brookfield Street. MR, URANSKI: Right. So are you referring that parking lot that is paved? MS. O'NEAL: Yes. MR. URBANSKI: And there's 26 parking spaces... MS. O'NEAL: Twenty two. MR. URBANSKI: Twenty two, excuse me. MR. PHIPPS: So the parking is essentially about a half block east of your building and it's on the same side of Western? MS. O'NEAL: Yes. 50 Area Board of Zoning Appeals —February 1, 2012 MR, URBANSKI: And that's the same paring lot that Seahorse used as parking? MS. O'NEAL: I don't know. MR. URBANSKI: Yes. MS. O'NEAL: Yes? MR. URBANSKI: Yes, I'm telling you yes. MR. HAWLEY: Would you mind sharing us, your attorney Mr. Huntington mentioned you qualify for the business that you're in, what is your background in the business world? MS. O'NEAL: My parents own a funeral home and I've been working at the funeral home for the last 10 years. MR. HAWLEY: And this business will be ...? MS. O'NEAL: This will be a nightclub/bar for Western. MR. FEDDER: And that will have the nightclub will have entertainment? MS. O'NEAL: Yes. MR. FEDDER: Dances and whatever? MS. O'NEAL. Yes. MR, CRUMLISH: Are the alleys that connect your property and then this lot to the east, are they paved? MS. O'NEAL: Are the alleys paved? MR. CRUMLISH: Yes. MS. O'NEAL: Yes. MR, URBANSKI: That alley behind there is paved? The alley behind your parking lot that runs between Jackson and Brookfield? I'm not trying to be difficult but I just drove by that area today and I didn't think that it was... MR. FEDDER: Maybe Chuck knows. 51 Area Board of Zoning Appeals—February 1, 2012 MR. BULOT: I'm sorry I was listening... MR. HAWLEY: Is that alley paved behind the subject property that runs between...? MR. URBANSKI: That's what you were asking wasn't it, not the parking lot? MR. CRUMLISH: Yeah, MS. O'NEAL: It's unpaved. The whole alley through the back of the building onto the next lots are unpaved. There's no concrete if that's what you're saying. MR, PHIPPS: In your petition you mentioned the required 84 parking spaces, I'm assumed that's what the zoning ordinance requires for a bar or restaurant or nightclub of this size. You now said you're up to 27, what information can you give us that would not indicate that 27 is really adequate for this size facility? MR. HUNTINGTON: Well that's why we're asking for in part for the Special Exception, the variance, Mr. Phipps. This essentially is a new venture and we have no real concept of how expansive it will become. In all likelihood the 27 spaces overall plus whatever available street parking that is there will be sufficient. It's all public parking on the streets throughout the whole area. But there's not the, I can't really tell you why the 84 is there. This number 1 believe came from the Building Department. Was given that number from... MR. PHIPPS: But from your plans for whatever you're going to do with the building, how marry people can be or hold or is there some relationship between the number of patrons you might have there at one time that the 27 parking spaces... MS. O'NEAL: I think because when I first talked to Mark at the Building Department, since there was only two parking spaces that's why they came up with that big number but since the surveyor came out and did the plan for us and it said now we have five spaces that cut it down to some many that we needed. MR. PHIPPS: Well five is better than two and twenty seven is even better but that's still a long ways short from the eighty four so I'm trying to get some relationship between the two numbers. MR. LYONS: Eight four is the number based on the occupancy load from the fire marshal. You they're number of occupants that could maximally occupy the building, run it through the parking calculations and the zoning ordinance requires and that's how you get the 84 spaces. MR. PHIPPS: And that's based on an assumption of 160 could be in that...? MR. LYONS: I could do the math the other way. MR. URBANSKI: How many people will the establishment hold? Tables, chairs, bar stools...approximately? I'm not saying exactly. 52 Area Board of Zoning Appeals—February 1, 2012 MS. O'NEAL: Probably about 200, 200 people. MR. LYONS: I believe the fire occupancy lists on the building is 252. MR. PHIPPS: Okay so if you're going to seat 200 and we're going to have under 30 parking places? MR. BULOT. First of all a comment on that, the more accurate would be to actually get a floor plan. Figure 15 square feet for tables and chairs for occupancy and then every 18 inches of booth or fixed seating space would be an additional seat and take that total. A more accurate. The fire occupancy, I'm not sure when that was established and what they're basis was for that. That's what their sign says inside so it's probably... the other comment I would like to make is that because it's been more than a year that the building has been or not used or been used as a bar that coming in you now are going to be considered to be doing essentially a new use or establishing a change of use so in doing that you're going to have to come up with the requirements for all of the ADA requirements in terms of egress and safety. So any kind of ramping or entrance way into the main building would need to be accommodated. Also your restrooms would have to come up to the current handicap accessibility standards with the sidebars, vertical bars and clearances doors and that sort of thing. I think there was something else but I can't remember what it was...I think, oh a vestibule. There is new a requirement for all because of the insulation standards now set by the State, you will be required to have a vestibule entrance into the space. So if you don't already have one, you'd actually have to build a vestibule type entrance which is essentially an air pocket going in and out. It helps save on the energy costs. MR. CRUMLISH: That's the 2009 energy code. MR. HUNTINGTON: I believe a vestibule already exists and we're aware of the ADA requirements and the change that's going to be necessary there. I believe a vestibule already exists and we're pretty confident what you would see would qualify as the vestibule for the air lock type. MR. BULOT: Okay I just wanted to make you aware of that. MR. HUNTINGTON: We would remind the commission this is simply the re-adaptation of a building that had been used in the past for exactly what we're trying to use it for. Not withstanding whatever the occupancy ability is we, we're pretty confident that with the actual on site parking the leased parking and the available public parking, the on street parking, that that should be sufficient to meet the needs because it met the needs in the past for the, and I don't know that we've seen no history of reports of problems or anything like that. No one has come forward and mentioned that to us so far so we would certainly ask you to take into consideration the fact that this is simply re-doing what has been done in the past to some degree. MR. HAWLEY: Are you Ieasing the building or are you buying it or...? COULD NOT HEAR WHAT MS. O'NEAL WAS SAYING FROM THE AUDIENCE 53 Area Board of Zoning Appeals—February 1, 2012 MR. HAWLEY: You'll be leasing it out. Okay. MR. FEDDER: Now this copy of the lease that you gave us, we're going to keep that. MS. O'NEAL: I need to make a copy or something because I need that back. MR. LYONS TOOK THE LEASE AND MADE A COPY FOR THE BOARD MR. PHIPPS: There would be a sign on the front of the building directing people to your parking area then? MS. O'NEAL: Yes. MR. CRUMLISH: I have a question but Mark stepped out of the room. What is the size of the parking space by statute here? MR. BULOT: It's 9' by 20' far ,.. MR. CRUMLISH: The drawing is showing it is 9' by 18'. MR. BULOT: It can be and I wasn't finished with the other' part of the statement or it can be architectural graphic standards which is the smaller version. IN FAVOR MR. GARY MARTIN: I represent the Schilli National Lease directly across the street at 1919 W. Western. I just have a couple comments. I'm not speaking on behalf or opposing but we try to operate as a 24 hour service center for semi trucks and trailers. And we're concerned, my concern is the overflow if that ends up in our parking across the street it may prevent us from being able to do business in our 24 h our service that we offer to our truck driving companies. Number two and lastly, Laving a safety engineering degree, another concern of mine would be if the did come into the overflow is the issue of public safety. MR. FEDDER: Sir do you have a sign there right now that says private parking only, violators will be towed? MR. MARTIN: I cannot answer that at this point. MR. FEDDER: I would certainly think that if that was a concern I would have that there so any patrons of any place would see that they can't park there. MR. MARTIN: Okay. MR. HAWLEY: Is there any fencing around it or...? 54 Area Board of Zoning Appeals—February 1, 2012 MR. MARTIN: No we don't have any fencing, only on the back half of our lot. REMONSTRANCE MR. URBANSKI: We do have one letter from Goodwill letterhead. It is signed Ray Garbaciak, Vice President of operations. They are directly across the street from you at 1902 Western Ave. I am with Goodwill and we own property at 1805 Western Ave. across the street from said property. It is our contention and recommendation the special exception is denied for the following concerns. One, disruptive the residential neighborhood. By reducing the required number of parking spaces by 82 or 98% this will direct their patrons to seek other areas to park and we do not want are parking in the mix. By reducing the number of parking spaces again by 82 or 98% would suggest and increase in foot traffic which would be create safety concerns for these pedestrians in addition might create more litter in the area. Thank you. MS. CHRISTINE WEISSFUSS: I live 438 S. Grant Street. My husband is here with me today. We have been living, I have been living there since 1990. And was there when the Seahorse was there. There was,no trouble when the Seahorse was there but we now have another club on another block. Those streets are all one way streets going in and going out. Grant Street happens to be a one way street going towards Western Ave. We have, in the last year or so, when the other clubs let out on whatever nights they're open there is an enormous amount of traffic coming down the street going toward Western Ave. Now if there's going to be parking on the public streets within those city blocks an overflow from the parking lot that they have on Western Ave. or the Western Ave. parking lot, there is bound to be a lot of traffic. Now it seems like there is a conga line of cars at 3:00 in the morning on Friday and Saturday and Sunday mornings going down the streets. And it does cause a lot of noise. We actually had people work on their stereos in the middle of the street or out in front of our homes. Stopping, making phone calls, doing things like that so it is very disruptive to the neighborhood. Thinking back to when Seahorse was there I do remember people crossing Western Ave. coming from the Seahorse going to their vehicles, two people were killed that were hit by cars. So that is an issue as well, So I'm just opposed to having another bar or club in the neighborhood without sufficient parking around and so forth just as a safety precaution and a security thing. REBUTTAL: MR. HUNTINGTON: We have, Ms. O'Neal advise me that we've already approached Schilli and Schilli we are told already rents it's space with somebody else so we are uncertain of what the Schilli issue is right now with regard to parking. And we have no intention of parking on Schillis property unless we have some kind of an agreement with them, an easement or written agreement with them. We won't trespass on their property. The issue of the traffic in the neighborhood, I really can't speak to that. I'm not familiar enough with the neighborhood to know how the traffic flows but it would strike that most of the traffic would go Western Ave. The club that we're talking about is located on Western and we're talking about parking being a block away, not even a block away from Western Ave. Other clubs in the neighborhood we're not really sure how that traffic pattern works but Western Ave., of course, is the primary arterial there and it's the road that everyone would seek to get to pretty quickly, Whether their fixing their stereos or making phone calls or something like that we really can't speak to that. That's an issue perhaps of a little patrolling perhaps. Our position simply is this, we think that this re-use adapts a building that has been vacant for sometime and 55 Area Board of Zoning Appeals—February 1, 2012 needs to be functioning and useful so it would help preserve the neighborhood. We don't think that use will adversely affect or injure the neighborhood in anyway, in fact we believe it will help it. We believe again, as we stated, that it's consistent with the character of the neighborhood to have this nightclubibar there. All along Western Ave. from literally from Walnut to even beyond Olive Street you can see many, many, many clubs and bars and restaurant and other commercial uses along that portion of the street. And finally we think that this is a use that is certainly compatible with not just what's in the neighborhood but what the intentions are with regard to that particular corridor. Thank you and we'll entertain any questions you may have. MR. FEDDER: I think the staff made a comment. MS. NAYDER: Our comment was favorable based on seeing a parking agreement. Now we do have a parking agreement, it's still kind of a big, it's about a75% reduction in parking. And I was trying to kind of look through the parking calculations here to figure out if any other businesses would have less parking or if this size of a building be based upon the way we calculate the parking calculation that if any use that goes in here is going to need this many parking spaces. We would like to see the building be re-used. We don't want the parking situation to adversely affect it so, there's been some good progress made with the parking agreement that we do have and it's good that is on the record. I mean we looked at if it was like a doctor's office and they only had one doctor they'd only need five parking spaces. That's just one example. MR. URBANSKI: We need a motion on the parking variance first. MR. VELLEMAN: Mr. Chairman I'll make a motion to approve the variance requested to the on site and the 22 off site per lease agreement. It sounds like it's the same agreement that was on hand for the former Seahorse and was not a problem at that time. They potentially have more people but I would say we grant the variance requested subject to the City Council approving the Special Exception. MR. YOUNG: I'll second. MR. URBANSKL We have a motion and a second, call for the vote. This is on the variance portion of it. Call for the vote. The motion carried unanimously. MR. HAWLEY: I would like to make a motion that we send it to the Common Council with no recommendation. MR. URBANSKI: Do we have a second? Do we have a second? The motion dies for the lack of a second. MR. PHIPPS: If there's no second I will make a motion to send it with and Unfavorable Recommendation. Although I voted in favor of the variance with the condition that the City Council approves I'm willing to let the decision rest with the City Council and am still uncomfortable at 27 spaces so I would recommend 56 Area Board of Zoning Appeals—February 1, 2012 unfavorably based upon the short in parking spaces. If they can come up with more that would maybe make some difference but at 271 still say unfavorable. MR. HAWLEY: I'll second that. MR. URBANSKI: We have motion and a second to send it to the City of South Bend Common Council with an Unfavorable Recommendation. Call for the vote, please. MRS. HENRY: Mr. Velleman? MR, VELLEMAN: No. MRS. HENRY: Mr. Crumlish? MR, CRUMLISH; Yes. MRS, HENRY: Mr. Young? MR. YOUNG: Yes. MRS. HENRY: Mr. Hawley? MR. HAWLEY: Yes. MRS. HENRY: Mr. Phipps? MR. PHIPPS: Yes. MRS. HENRY: Mr. Urbanski? MR. URBANSKI. No. MR. URBANSKI: Okay so the vote was 4-2 and it will go to the South Bend Common Council with an Unfavorable Recommendation. Understand that is our recommendation to them. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did not satisfy the Standards as set forth in I.C. 36-7-4-918.5; therefore, the petition for Special Exception is sent to the City of South Bend Common Council with an Unfavorable Recommendation and the petition for the parking variance with two on site parking spaces and 22 off site spaces granted subject to the Special Exception being approved by the Common Council. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this variance granted for two on site and 22 off site parking spaces subject to the Special Exception being approved by the City of South Bend Common Council and the petition for Special Exception is sent to the Common Council with an Unfavorable Recommendation and will issue written Finding of Facts. 57 Area Board of Zoning Appeals—February 1, 2012 PETITION FOR TWO ON SITE AND TWENTY TWO OFF SITE PARKING SPACES IS GRANTED SUBJECT TO THE SPECIAL EXCEPTION BEING APPROVED BY THE COMMON COUNCIL, PETITION FOR SPECIAL USE IS SENT TO THE COMMON COUNCIL WITH AN UNFAVORABLE RECOMMENDATION r RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT: 1902 WESTERN AVENUE, 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; and WHEREAS, the Common council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4; and WHEREAS,the Area Board of Zoning Appeals has made a recommendation,pursuant to applicable state law. NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: SECTION 1. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1902 Western Avenue, South Bend, Indiana In order to permit the use of the property as a bar/nightclub consistent with its past historic uses. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana hereby fiends that: I. The proposed use will not be injurious to the public health, safety, comfort,community moral standards, convenience or general welfare; 2. The Proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land use authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend comprehensive Plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common council and approval by the Mayor. Member of the Common Council ofll PUSENTED HpT APPROVE�> Ci"T''i` �c� , RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL I JUNK DEALER I RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2012 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on February 22, 2012 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following businesses: A-1 Auto Parts 2014 S. Lafayette Blvd. Alternative Two LLC 700 W. Chippewa Gertrude Street Metal 3700 S. Gertrude St. Green Tech Transfer 2500 Greentech Dr. Indiana Auto Parts 3300 S. Main St. LKQ Auto Parts 1602 S. Lafayette Blvd, OmniSource Corp. 7575 W. Jefferson Blvd. Republic Service of Indiana LP 2500 Greentech Dr. Schrock Aggregate Inc. 1702 N. Bendix Dr. Shapiro Metals 2920 W. Sample St. Steve & Gene's 3109 Gertrude St. Treadstone LLC 445 N. Sheridan St. US Scrap LLC 1420 S. Walnut St. US Scrap/SB Bailing 1420 S. Walnut St. US Scrap & Recycling 1610 Circle Ave. US Scrap & Recycling 1700 W. Washington St. US Scrap & Recycling 2014-2016 W. Washington St. have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, Recycling Operations Licenses for the year 2012. WHEREAS, the license applications for all above-referenced businesses received favorable recommendations from the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license applications for the following businesses: A-1 Auto Parts 2014 S. Lafayette Blvd. Alternative Two LLC 700 W. Chippewa Gertrude Street Metal 3700 S. Gertrude St. Green Tech Transfer 2500 Greentech Dr. Indiana Auto Parts 3300 S. Main St. LKQ Auto Parts 1602 S. Lafayette Blvd. OmniSource Corp. 7575 W. Jefferson Blvd. Republic Service of Indiana LP 2500 Greentech Dr. Schrock Aggregate Inc. 1702 N. Bendix Dr. Shapiro Metals 2920 W. Sample St. Steve & Gene's 3109 Gertrude St. Treadstone LLC 445 N. Sheridan St. US Scrap LLC 1420 S. Walnut St. US Scrap/S13 Bailing 1420 S. Walnut St. US Scrap & Recycling 1610 Circle Ave. US Scrap & Recycling 1700 W. Washington St. US Scrap & Recycling 2014-2016 W. Washington St. are approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau as evidenced by the Ordinance Violation Bureau Clerk's communication to the City Clerk dated February 22, 2012. Section ll. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Member of the Commo 'Council ,r 1 Fee EE OFTY NOT r:..j : !`.'.✓�rf. g L_"'"^a.r^.^.+.r....,.._.f�. ... .e'�'�F�i:i'E� �:k j. y1[iCis T��7 U $� �. PEac 9 rsss K Office of the City Clerk John Voorde,City Clerk February 22, 2012 Derek D. Dieter, President South Bend Common Council 227 W. Jefferson RM 455, South Bend, IN 46601 Dear Mr. Dieter, Renewal applications for the operation of Scrap Metal /Junk Dealers / Recycling Operations have been received. In accordance with the procedure for the renewal of city business licenses, these applications were submitted to the Police Department, Fire Inspection Bureau, and Department of Code Enforcement for inspection. The following properties were inspected: A-1 Auto Parts 2014 S. Lafayette Blvd. Alternative Two LLC 700 W. Chippewa Gertrude Street Metal 3700 S. Gertrude St. Green Tech Transfer 2500 Greentech Dr. Indiana Auto Parts 3300 S. Main St. LKQ Auto Parts 9602 S. Lafayette Blvd. OmniSource Corp. 7575 W. Jefferson Blvd. Republic Service of Indiana LP 2500 Greentech Dr. Schrock Aggregate Inc. 1702 N. Bendix Dr. Shapiro Metals 2920 W. Sample St. Steve & Gene's 3109 Gertrude St. Treadstone LLC 445 N. Sheridan St. US Scrap LLC 1420 S. Walnut St. US Scrap/S13 Bailing 1420 S. Walnut St. US Scrap & Recycling 1610 Circle Ave. US Scrap & Recycling 1700 W. Washington St. US Scrap & Recycling 2014-2016 W. Washington St. and have received favorable recommendations regarding police, fire, code enforcements, environmental compliance; also for proper maintenance of the premises and areas outside the fences, and the height and condition of the fencing. I will be present at both the committee meeting and the public hearing. I can be reached 574-245-6052 or kfowler@southbendin.gov if there are any questions or concerns before that time. Sincerely, areemah Fowler Clerk, Ordinance Violation Bureau � M RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, RECOMMENDING STEPPED-UP INITIATIVES TO IMPLEMENT MORE"BEST PRACTICES" EMPHASIZING MORE(FUEL-EFFICIENT SUSTAINABLE PROGRAMS CX" the City of South Bend, Indiana and MACOG have been leaders in implementing energy conservation programs for many years; and on October 12, 1982, the South Bend Common Council passed Ordinance No. 7108-02 which among other things created a 15-member Energy Conservation Commission with nine (9) members appointed by the Council and six (6) members appointed by the Mayor who were charged with addressing the "present and future energy needs of our community"and: 1. Advising the City Administration and the Common Council on efficient uses of present and future sources of energy by developing long-range conservation plans and emergency energy plans; 2. Reviewing energy plans in each of the City's department, bureau and subdivision; 3. Make information available on energy conservation and act as a clearinghouse for activities and information 4. Develop and recommend legislation which would foster conservation of energy; stimulate awareness; promote public participation; and obtain data and information; and on January 14, 1985, Ordinance No. 7420-85 was passed by the South Bend Common Council which reduced the Energy Conservation Commission from fifteen (15) members to thirteen (13) members with the provisions of both of these ordinances being codified into the South Bend Municipal Code as Section 2-53; and 6X on July 12, 2010, the South Bend Common Council passed Ordinance No. 10023- 1 0 which among other things created the position of Director of Energy Conservation; and the Common Council, in conjunction with the City Administration have implemented many regulations with regard to vehicles which have been codified into the South Bend Municipal Code, namely: SBMC§ 2-122 Use of Private Vehicles for City Business SBMC§ 2-123 Regulation of City-Owned Vehicles SBMC§ 2-124 Discretionary Vehicle Allowance to City Department Head or Key Employee Fuel-Efficient Sustainable Program Resolution—page 2 with an Annual Vehicle Report being submitted by July 31" of each year. The 2011 Annual Vehicle Report set forth information on seventeen (17) departments and bureaus of the City of South Bend where it gave detailed information on 1,091 "units" used by the city listing the unit #, year, license #, description, serial #, purchase price, assigned employee, whether it is a take home vehicle, whether the employee lives in the City of South Bend and whether the vehicle has an authorized city seal or marking thereon; and on February 29, 2012 from 11 a.m. to I p.m. a "Green Summit Vi: The Future of Transportation" with this Summit being a community-wide, annual where Jon Burke, the City of South Bend's Director of Energy Conservation will be a speaker. Q4N v, &%mlom, 4 ez~4�, 4y 616 Wmwwa Wwudv/ g/ �wd, ofd, as follows: Section I. The 2012 civil city budget has gasoline budgeted at$3.60 per gallon, and in light of the continuing spike in energy costs, the Common Council of the City of South Bend, Indiana, believes that there are urgent energy issues warrant the immediate activation of the Energy Conservation Commission, so that it may report and update the Common Council and the City Administration in a timely manner. Section 11. The Council believes that in addition to the responsibilities set forth in the South Bend Municipal Code, that some of the issues which should be addressed include: I. The feasibility and required mechanisms to purchase gasoline, fuel-efficient fuels and energy efficient vehicles with other entities such as the school corporation, the county, TRANSPO etc. in order to realize cost savings to the taxpayers. 2. Developing a short and long-term plans to retrofit and/or replace city-awned vehicles so that they can use alternative fuels. 3. Developing enhanced partnerships such as with the ethanol plant which are currently under utilized local resources in our community. 4. Developing programs addressing trip bundling, carpooling, and financial incentives for efficient vehicle use. 5. Developing proper fleet size which focuses on fuel-efficient vehicles that are of an optimal size/capacity for the intended functions and uses. 6. Developing idling policies for city vehicle; updating cost benefit analysis of the entire city- owned fleet focusing on improved efficiencies and cost effectiveness 7. Developing more partnerships with multiple energy-conscious organizations such as the new Think City electric care which the city was able to purchase for$1. careen summit to lughltght sustainable transportation H News// Notre Dame News ll Univ... Page 1 of 1 University of Notre Dame Notre Dame News ND Newswire Green Summit to highlight sustainable transpoftation SARA BROWN•DATE:FEBRUARY 17,2012 Electric cars, bicycles, alternative fuel vehicles and j innovations in public transportation will take over the l University of Notre Dame's Stepan Center in an exciting trade show display on Feb, 29 (Wednesday)for"Green Summit V: The Future of Transportation." E "Sustainable transportation is a rapidly developing field, and we wanted to create a setting in which the ND community I , could connect directly with those who are redefining what's i possible," explained Rachel Novick of the Office of Sustainability. "Experts will be on hand at the summit to answer questions about battery technology, charging stations, electric bikes and much more." Attendees will have a chance to explore cutting-edge vehicles such as the Mitsubishi i-MiEV and the Nissan Leaf as well as vehicles that have been converted to use compressed natural gas and propane. Other participants in the trade show include Transpo, The Avenue Bicycle Station and Zip Car. The program will feature a panel discussion that covers a wide spectrum of topics critical to creating a sustainable transportation system,from technological advances to infrastructure requirements to community impacts. "Through our collaboration, Notre Dame and Eaton are further paving the way for the development of infrastructure to support the expanded use of electric vehicles," said John Wirtz, business unit manager of Eaton's Electrical Transportation Infrastructure. Eaton has provided a number of EV charging stations to Notre Dame that have been installed in key locations around campus, and the company will be bringing several electric vehicles as well as a charging station to be displayed at the summit. "We are looking forward to expanding our work on this innovative technology at Notre Dame as we strive to help reduce the energy consumption and carbon footprint on campus,"added Wirtz. The Green Summit is a community-wide, annual event that brings together hundreds of faculty, staff and students to explore an aspect of sustainability and its role in campus life. In the summit's history, many recommendations and discussions have been a foundation for developing new campus sustainability initiatives. "We look forward to the rich discussion this year's event will foster in order to help us develop new ideas for the future of transportation here at Notre Dame,"said Marty Ogren, associate director of warehouse, delivery and transportation. "Due to escalating fuel costs and attendant environmental impacts, we need to look beyond traditional fuels in order to maintain our transportation security,"said Jon Burke, energy director for the city of South Bend and one of the presenters at the trade show. "We're looking forward to sharing our vision for enhancing the sustainability of South Bend's transportation systems at the Summit." The trade show will be open from 11 a.m. to 7 p,m., with the panel discussion commencing at 19:30 a.m. The Green Summit is free and open to all members of the Notre Dame community, and lunch will be provided. The program is sponsored by the Office of Sustainability and co-sponsored by Transportation Services at Notre Dame. Please register online by Feb. 25 (Saturday). http://newsinfo.nd.edu/news/28939-notre-dame-to-host-summit-on-sustainable-transportati... 2/21/2012 N � 4- ° c ° c c� c R., v� .,. 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(`q ' t(6A N «� a3 ate-. a c !z o u) o a ro o ui y+ _� vi m CL of axi 0 'in a 0 o acne m vL � t_roi �, � rn c3 Q Q En c 'v� �° 3 - > rron Q m 1�- d � . 4-4 0 � . OL4 . , � j : k c ¢ \ J m k / ` ® \ § @ - E 6 m ! 2 q 7 2 \ \ \ / ¥ / m g ¥ y t = _ E E a / 0/- \ // / / ƒ ® = a m m g a % [ k 7 p f 2/ 2 / / 2 t 7 % Im ƒ T > m ® » m § J t § § $ £ o \ 7 D / ¥ 2 E CD m ± £ f k ° D 2 # o \ [ > 2 / / \ m § % J ® E » (U m < > £ _& / � k ° k ° \ / 0 / o f $ 2 2 a f E \ w o § \ 0 k 2 / / / 7 ) 2 / / / o e = » _ E f t w f / k » $ E 2 f 5 ® E \ § f f f a 2 ) 2 / / / \ \ in k 3 2 w \ b c f § / \ R/ : / \ ¥ k / 2 \ k k D § M ? \ 0 7 . § 2 $ & § / u 2 k A E 2 5 £ . t ) s > _ v ' j f c k c 2 2 � f ( � § \ W k \ e m o 0 11 E ± (6 � I m - = 0 « - � � �ZZ � ' y r : x 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR OFFICE OF THE MAYOR FOR IMMEDIATE RELEASE February 22, 2012 Contact; Debra Johnson, Director of Communications Phone: 574-904-0810 BUTTIGIEG TAKES PART IN MARTIN LUTHER KING JR. CENTER GREEN RIBBON CUTTING CEREMONY South Bend—Mayor Pete Buttigieg will partake in the green ribbon cutting ceremony at the Martin Luther King Jr. Center to highlight energy savings generated from an Energy Efficiency and Conservation Block Grant that was awarded to South Bend. The ceremony will take place on Thursday, February 23, 2012 from 3:00 p.m. to 4:00 p.m. The King Center is located at 1522 Linden Avenue. "I'm glad to see that the Energy Efficiency and Conservation Block Grant has generated energy savings for this wonderful center,"said Buttigieg. Mayor Buttigieg will be joined by 2nd District Councilman Henry Davis, Jr., Jon Burke, the Municipal Energy Director, representatives from the South Bend Parks and Recreation Department, members of the community and the Green Ribbon Commission. Funds from the grant went toward lighting upgrades for the center's gymnasium, which has shown a 20 percent reduction in energy consumption in the building. "The lighting upgrades represent the tip of the iceberg when it comes to energy management and conservation around the city,"said Burke. Visit the South Bend Municipal Energy Office's website at www.southbendin.gov/energy for more information. Additional information can also be found on Facebook at www.facebook.com/sb.ener_gyoffice. For more information contact Jonathan Burke, Municipal Energy Director at 574.235.5910 or jburke @southbendin.gov. 1400 COUNTY-CITY BUILDING.227 W,JEFFERSON BOULEVARD•SOUTH BEND,INDIANA 46601 PHONE 574/235-9261• FAx 574/235-9892 0 T City of South Bead Common Council 1865 441 County-City Building . 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Pax (574) 235-9173 http://www.southbendin-gov Derek D. Dieter President February 22, 2012 Oliver J. Davis Vice-President Members of the Common Council 4`i'Floor County-City Building Karen L. White South Bend, Indiana 46601 Chairperson, Committee of the Whole Dear Council Members: Tim Scott First District We are pleased to introduce for your consideration the attached resolution. Henry Davis, Jr. Since 1982, we have had on the books an ordinance which created an Energy Second District Conservation Commission. It is our understanding that it worked quite well when the energy crisis was experienced in the US during the 1980s. In light of projected Valerie Sc ri spikes in fuel, and the fact that the city was awarded an Energy Efficiency and Third District Conservation Block Grant, we thought that this Commission should be activated. Fred Ferlic Fourth District Jon Burke, the City of South Bend's Director of Energy Conservation, will be participating in the Green Ribbon Cutting Ceremony tomorrow, along with Mayor David Varner Buttiegieg and ourselves. Jon will also be a speaker on February 29, 2012, at the Fifth District "Green Summit Vi: The Future of Transportation"at Notre Dame. Oliver J. Davis The city budgeted gasoline at $3.60 per gallon for this calendar year, which, if the Sixth District projections are correct, may create a line-item shortfall. For all of these reasons, we Derek D. Dieter seek your support. Thank you. At Large Sincerely, Gavin Ferlic At Large Henry avis, Karen L. White 2'd District Council Member At Large Oliver Davis 6`h District Council Member Attachment `= p in [FEEJ 42" 2 2,U I g a ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $208,735.00 FROM THE NONREVERTING LOSS RECOVERY FUND (NO. 227) IN 2012 FOR IMPROVEMENTS AT BELLEVILLE AND HOWARD PARKS STATEMENT OF PURPOSE AND INTENT On December 8, 2008, the City of South Bend established the Nonreverting Loss Recovery Fund No. 227 to receive payments from third parties arising from damage to City tangible and intangible property (Ordinance No. 9890-08). On November 8, 2011, the City of South Bend received a check from McLarens Young International, Inc. in the amount of$208,735.00 for insurance reimbursement for fire damage at the "Friendship Station"playground complex at Bellville Park. The check was deposited into Fund 227. The playground was built with donations from the Rotary Club of South Bend several years ago. The South Bend Parks and Recreation Department estimates the cost to replace the playground equipment at approximately$150,000.00. The new equipment will be metal and will be designed for ages 2-12. The complex will include climbers, slides,jumping features and other fun amenities for the children. The balance of the $208,735.00 in insurance proceeds received will be used for improvements at Howard Park in partnership with the Rotary Club of South Bend. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I: The sum of$208,735.00 is hereby appropriated in the fiscal year 2012 and ordered set apart from and within the Nonreverting Loss Recovery Fund No. 227 for improvements at Belleville and Howard Parks, SECTION 11. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ,0- Attest: Member of the Common Council Vic,?aa ho r ayse ' 'w;� Ctt: s iii. . p.,:siy City Clerk Council af.� a'c 4 0 t Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2012, at o'clock . m. �SOUTR$� I20ONCouNTY-OTYBUILDTNG \ PHONE 5741235-9216 227 W.jExsoN BLvD. ��\ tai�i FAx 5741235-9928 SouTH BEND,INDjANA 46601-183 0 1865 CITY of SouTp BEND BETE B=GIEG,MAYQR DEPARTMENT OF ADMINISTRATION AND FINANCE February 21, 2012 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4t' Floor South Bend, Indiana 46601 RE: Ordinance of the Common Council - $208,735.00 Appropriation from Fund 227 Dear President Dieter, Attached please find a bill to appropriate $208,735.00 from the Nonreverting Loss Recovery Fund 227 for improvements at Belleville and Howard parks. The funding for this proposed expenditure comes from receipt of a third party payment from McLarens Young International, Inc. for a fire loss at the"Friendship Station"playground complex at Belleville Park in November, 2011. No City tax revenue is being used. Parks and Recreation Director Phil St. Clair and I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for I"reading on February 27, 2012 with 2 d reading, public hearing and 3rd reading scheduled for March 12, 2012. Thank you for your attention to this request. If you should have any questions,please feel to contact me at 574-235-7500. Regards, Mark W. Neal City Controller ° - � ... CC: Pete Buttigieg Mayor Mike Schmuhl, Chief of Staff °;r Kathryn Roos, Deputy Chief of Staff ` Phil St. Clair, Director, Parks&Recreation - r �� ,may °°f. ii.? !' •e ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,200.00 FROM THE GIFT, DONATION AND BEQUEST FUND (NO. 217) IN 2012 FOR THE DESIGN, PRODUCTION AND INSTALLATION OF WAYFINDING BICYCLE SIGNS STATEMENT OF PURPOSE AND INTENT In 2009, the City of South Bend established the Gift, Donation and Bequest Fund 217 for the receipt and disbursement of donated monies. In December, 2011,the City received donations of$2,500.00 from The Georgina Joshi Foundation, Inc. (DBA Bike the Bend) and $2,500.00 from the Bike Michiana Coalition. In February, 2012, the City received a donation from Grass Roots Media in the amount of$200.00. A total of$5,200.00 has been deposited into Fund 217 for the design, production and installation of wayfinding bicycle signs for the 2012 cycling season. The purpose of this ordinance is to provide funding for the reimbursement of the City of South Bend's Traffic and Lighting Department for the costs of these new signs. The expenditure of$5,200.00 supports the City of South Bend's initiatives to promote bicycle riding and safety. The City of South Bend has been recognized as a Bicycle Friendly Community by the League of American Bicyclists. South Bend was one of only 190 communities in the United States to be awarded Bicycle Friendly Community status, receiving this designation in 2010 for its "remarkable commitment to bicycling." During the process of developing City Plan in 2006, the city's 20-year comprehensive plan, citizens identified the encouragement of bicycling as an alternate form of transportation as a key priority. As a result, the City of South Bend has developed a long-term plan for a 93-mile bicycle network, aggressively added new bicycle routes, and is completing work to finish the river walk system from Logan Street to Darden Road. As of January 2012, approximately 59.9 miles of bicycle routes have been established within the City. This network consists of multipurpose paths separated from streets (13.8 miles), striped bike lanes (16.4 miles), and other designated on-street routes (29.7 miles). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1: The sum of$5,200.00 is hereby appropriated in the fiscal year 2012 and ordered set apart from and within the Gift, Donation and Bequest Fund No. 217 for the design, production and installation of wayfinding bicycle signs for the 2012 cycling season. SECTION 11. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: Member of the Common Council nly nj c City Clerk YNr NjaF4 Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2012, at o'clock—. m. City Clerk Approved and signed by me on the day of 2012, at o'clock m. Mayor, City of South Bend, Indiana R�ANNG ��UlUfC V!,EAPuNG ;,DT APPROYO PASSES NO ljiii�l� d 120ON CouNw-CITyBuJLDim \�„� Non 574/235-9216 227W.JEFPFRS0NBwD. �� � ' •i � FAX 574/235-9928 �� r ►ce% Souni BRAD,INDIANA 46601-1830 �'r x ■ zsss QTY of SouTH BFND P1;TE BuTTmriw,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE a February 21, 2012 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4h Floor South Bend, Indiana 46601 RE: Ordinance of the Common Council - $5,200.00 Appropriation from Fund 217 Dear President Dieter, Attached please find a bill to appropriate $5,200.00 from the Gift, Donation, and Bequest Fund 217 for the design, production and installation of wayfinding bicycle signs for the 2012 cycling season. The funding for this proposed expenditure comes from donations received by the City of South Bend from Bike the Bend, the Bike Michiana Coalition and Grass Roots Media. No City tax revenue is being used. Chris Dressel and I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for I"reading on February 27, 2012 with 2nd reading, public hearing and 3rd reading scheduled for March 12,2012. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-7500. Regards, n Mark W. Neal City Controller cc: Pete Buttigieg Mayor Mike Schmuhl, Chief of Staff . .__. _.. Kathryn Roos, Deputy Chief of Staff L 4. Zo"E Christopher Dressel, CED Planner 1141 JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZ21 DEPUTY DIRECTOR FAREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY•CfTY BUILDING, SOUTH SEND, INDIANA 44641 5574) 235-9571 February 22,2012 The Honorable Council of the City of South Bend 4th Floor,County-City Building �`� � bA� ' South Bend,IN 46601 RE: A proposed ordinance of James W. & Leora J.Clark,Trustees to zone from B Business District and R Single Family District(County)to LB Local Business District(City),property located at 17917 State Road 23,as tabled, City of South Bend-APC#2619-11 Dear Council Members: I hereby Certify that the above referenced ordinance of James W.&Lenora J. Clark, Trustees was legally advertised on Thursday,January S,2012 and that the Area Plan Commission at its public hearing on Tuesday,February 21,2012 took the following action: Upon a motion by John McNamara,being seconded by Donna Chamblee and unanimously carried, the proposed ordinance of James W.&Leora J. Clark, Trustees to zone from B Business District and R Single Family District(County)to LB Local Business District(City), property located at 17917 State Road 23,City of South Bend, is tabled is sent to the Common Council with a favorable recommendation.This small two-lot site with an abandoned commercial structure straddles two zoning districts. By expanding the zoning further north into the lot, it permits this site to accommodate a responsible reuse of the building and property,while protecting the last remaining residence on the block. The"LB"district can accomplish this within the context of the commercial area immediately adjacent to the south and west. The "LB"District allows a variety of smaller business uses that can locate on this site. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. 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 apart of this report. Sincere'ly,} I ' W bhn W. Byo + JWB:jsc Attachment CC: James W.& Lenora J. Clark,Trustees Alibaba SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W.S T J O S E P H C 4 V N T Y I N D,A N A.CO MIA r e a p I- n s Staff Dort APC# 2619-11 Owner: James W. & Leora J. Clark, Trustees Location: 17917 State Road 23 Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from B Business District and R Single Family District (County)to LB Local Business District(City)to allow a billiard hall. Land Uses and Zoning: On site: On site is a vacant commercial building. North: To the north are single family homes zoned R Single Family District(County). East: To the east is a frame shop zoned B Business District(County). South: To the south is First Source Bank zoned CB Community Business District(City) and Ziker Cleaners zoned LB Local Business District(City). West: To the west is a multi tenant retail center, including two restaurants and a hair salon,zoned C Commercial District(County). District uses and development standards: The LB District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the LB Districts are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. Site plan description: The area to be rezoned is approximately 20,000 square feet. The rear 88' of the eastern lot is not being rezoned and will remain SF1 Single Family and Two Family District. There is an existing 2,120 square foot building, and a proposed 880 square foot covered patio. Existing and proposed buildings cover 15% of the site. Paving covers 52% of the site. The remaining 33% is open space. Zoning and land use history& trends: This site has been vacant for many years, and is bordered by business and commercials uses on three sides. Several new uses have been have been added to the general area, including the Ziker Cleaners. The property at the southeast corner of State Road 23 and Maple Lane attempted an annexation and rezoning in 2010 but was ultimately withdrawn. Tratlfic and transportation considerations: State Road 23 is a four lane road with a center turn lane. Terrace Lane and Dunn Road both have two lanes. State Road 23 is a major arterial between South Bend and the residential and commercial areas to the north and east. Utilities: This site is currently served by city water and a septic system. Additional information: (Agency comments) Due to the increased use of the property, the Health Department requests a new septic permit or proof of connection to city sewer. INDOT says no permit is needed if the same drive is used. James W. & Leora J. Clark,Trustees #2619-11 Page 1 of 3 Stag Comments: The Special Exception Use for a billiard hall was heard by the Area Board of Zoning Appeals on January 4, 2012 and was forwarded to the Common Council with an unfavorable recommendation. The Area Plan Commission staff gave the Special Exception Use an unfavorable recommendation, because it did not meet three of the four standards. The variances for building and parking setbacks, and foundation landscaping,were approved. The variances for reducing the number of required parking spaces and eliminating the residential bufferyard landscaping were denied. Since the property has split zoning, only the front half the building is within the B Business District zoning. Section 154.030(N)allows the zoning line,under certain criteria,to be extended to not more than forty feet beyond the boundary line of the district. This would extend the zoning line to include the building, but not the rest of the improvements such as the parking areas. Commitments: None proposed. 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plan: Policy flan: Cb Plan South Bend Com Mhensive Plan ovember 2006 ED 1.2 Encourage reuse of abandoned and underutilized land and structures. Lund Use Plan: The Future Land Use Map identities the property fronting on State Road between Ironwood and Maple Lane as Commercial. The intersection of State Road 23 and Ironwood is identified as a Regional Commercial Node. Plan Implementation/Other Playas: There is no other plan in effect for this area. 2. Current conditions and character: There are commercial uses on both sides of State Road 23 from Ironwood to Maple Lane with office uses further east. 3. Most desirable use: The most desirable use for this site is to have it develop to its full potential, while protecting the neighboring residential properties to the north. 4. Conservation of property values: Due to the proposed outdoor patio and controlled use activity, the neighboring residential properties may be negatively affected. 5. Responsible development and growth: It is responsible development and growth to support the appropriate reuse of vacant properties. Recommendation: Based on information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation. r James W. &Leora J. Clark, Trustees #2619-11 Page 2 of 3 Analysis: This small two-lot site with an abandoned commercial structure straddles two zoning districts. By expanding the zoning further north into the lot, it permits this site to accommodate a responsible reuse of the building and property, while protecting the last remaining residence on the block. The "LB" District can accomplish this within the context of the commercial area immediately adjacent to -the south and west. The TB" District allows a variety of smaller business uses that can locate on this site. James W. &Leora J. Clark, Trustees #2619-11 Page 3 of 3 WrMM Aft& lm P.O.Box 1603 South Send,Indiana 46634 , RECEIVED January 9, 2012 JAN 12 2012 Area Plan Commission of St. Joseph County, Indiana [AREA PLAN t:OMMISSION 227 W. Jefferson Blvd. Room 1140 County City Building South Bend, IN 46601 RE; Billiard Hall - 17917 State Road 23, South Bend, IN 46636 To Members of the Area Plan Commission. 1 am writing to you to voice 1st Source Bank's objection to the zoning change being sought for the above referenced property. 1st Source Bank operates its Maple Lane Banking Center in the very near vicinity of this property, and views this as an inappropriate usage for this residential and business neighborhood. The subject property has limited parking and the surrounding businesses will suffer the negative consequences caused by the overflow parking in our parking lots from this type of business. Accordingly, I ask that you deny the request to change the zoning being sought. Thank you for your consideration. in r , grid Mathias Manager, Real Estate Assets CC: Real Estate Lease File Page I of l ]anise Talboom - Alibaba Annexation Area Schedule From: Michael Divita To: Janice Talboom Date: 1/18/2012 3:47 PM Subject: Alibaba Annexation Area Schedule CC: Christa Nayder Hi Janice, As you may know,the annexation/rezoning petition for the Albaba Annexation Area was tabled at the January Area Plan Commission meeting Tuesday. With this delay, below is the tentative new schedule: APC Public Hearing: 2/21/12 APC Report to Council: 2/27/12 Council Advertisement: 3/2/12 Resolution to Clerk: by 3/21/12 2nd Reading: 3/26/12 3rd Reading: 4/9/12 Advertised/Appeal Period Start: 4/20/12 Appeal Period End/Annexation Effective: 5/20/12 I understand from APC that the special exception for this property is scheduled for public hearing and consideration at the February 13 Common Council meeting but could be tabled to match the timing of the fiscal plan and annexation/rezoning. Please let me know if you have any questions or if I've made any errors in the schedule. Thanks! Michael Divita Planner City of South Bend Department of Community& Economic Development 1200 County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Phone: (574) 235-5843 Fax: (574)235-9469 mdivita @southbendin.gov file://C:1Documents and SettinasUTALBQOWLocal SettlnYSlTPmn\XPamu4cFv4VI APO A 1/9 9/1)nl1) JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGUC3=1 DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 46601 (574)235-9571 January 18,2012 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: A proposed ordinance of James W. & Leora J. Claris, Trustees to zone from B Business District and R Single Family District(County)to LB Local Business District(City), property located at 17917 State Road 23, City of South Bend-APC##2619-11 Dear Council Members: I hereby Certify that the above referenced ordinance of James W. & Lenora J. Clark, Trustees was legally advertised on Thursday, January 5, 2012 and that the Area Plan Commission at its public hearing on Tuesday, January 17, 2012 took the following action: Upon a motion by Karl King, being seconded by Robert Hawley and unanimously carried, the proposed ordinance of James W. & Leora J. Clark, Trustees to zone from B Business District and R Single Family District(County)to LB Local Business District(City), property located at 17917 State Road 23, City of South Bend is tabled until the February 21, 2012 meeting of the Area Plan Commission. 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, \ nWw n W. Byorni JWB jsc Attachment CC: James W. & Lenora J. Clark, Trustees Aliabad Cafe LLC SERVING.ST.JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA&ROSELAND www.stjosephcauntylndlana.com/Areap Ian otkin e'r hall, LLP ATTORNEYS AT LAW SUITE 400.JEFFERSON CENTRE 105 EAST JEFFERSON BOULEVARD SOUTH SEND. INDIANA 465601-1913 TELEPHONE:(574)234-3900 Bruce 1D.Huntington FACSIMILE:(374)236-2839 bdb@bhlaiNyers.net www.botkinhall.com January 17,2012 John Byorni, Executive Director Area Plan Ccommission of St. Joseph County. County-City Building, Suite 1100 227 West Jefferson Blvd. South Bend,Indiana 46601. Re: Matter of the Rezoning of Property at 17417 SR 23, South Bend From B-Business Commercial and R-1 Single Family to LB—Local Bsuisness Dear Mr. Byorni: I represent the trusts of Jaynes and Leora Clark which, by and through their respective trustee, Sharon Smith, have petitioned for the rezoning of the above captioned parcel and for the annexation thereof to the city of South Bend. Please be advised that not all matters related to the transfer of title to parties other than the trusts have not yet been resolved and accordingly, the trusts hereby request that this matter be tabled as to rezoning and all other related matters before the Commission scheduled for hearing today at 3:30 pm. Your kind assistance in this matter is greatly appreciated. Sincerely, BOTKIN& LL, LL Bruce D. Hunti on iF IVE ® JAN 17 2012 AREA PLAN COMMISSION ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA.,ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND,INDIANA,AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4 Name of Petition:Alibaba Cafe Inc Common Address 17917 SR 23, South Bend, IN 46635 STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 1.4 acres located in Clay Township, St. Joseph County, Indiana, has been filed by l00%of the owners of the land in the territory sought to be annexed and zoned. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. That the following described real estate situated in St.Joseph County, Indiana,being contiguous by more than one-eighth(1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend,Indiana,shall be and hereby is annexed to and brought within the City of South Bend: Beginning at the northwest corner of Lot 148, Maple Lane Subdivision; thence north along the current City boundary to the south line of Lot 145 of said subdivision, also being the north right-of-way line of State Road 23; thence north,along the east line of said Lot 145 to the south line of Lot 143,also being the north right-of-way line of Dunn Road; thence west along the north right-of-way line of Dunn Road 654,more or less, to a point of intersection with the west line of said Lot 145, extended;thence south, along said extended west line of Lot 145, 178'; thence west,parallel with the south right-of-way line of Dunn Road, 115.4'more or less, to the east line of Lot 59,also being the west right-of-way line of Terrace Lane; thence south, along said right-of-way line, to the southeast corner of Lot 57; thence southeasterly across State Road 23, to the northwest corner of Lot 3, Rockhill's 2nd Addition, also being the south right-of-way line of State Road 23; thence northeasterly along said right-of-way line to the point of beginning. SECTION II. That the boundaries of the City of South Bend,Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend,Indiana. SECTION III. Ordinance No. 4495-04, as 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, with the exception of all adjacent rights-of-way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as LB Local Business District; provided,however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied: Lot 144, except the north 128 feet, and Lot 145, except the north 87 feet, Maple Lane Subdivision. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. MEMBER OF THE COMMON COUNCIL Attest: City CIerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20 ,at o'clock .m. City Clerk Approved and signed by me on the day of 20 , at o'clock .m. Mayor, City of South Bend, Indiana FiledF+� M t" •y;"s AE a ;OT A';RR WD /tee E }s py:. is VLER,�, AS�F� JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEEEERSON SCYD.. ROOM 114D COUNTY-CITY BUfLDING, SOUTH BEND, INDIANA 46601 35713 4339571 December 16, 201 1 Honorable Common Council Of The City of South Bend Ott, Floor, County-City Building South Bend, Indiana 46601 RE: Bill # 82-11 A bill of the Common Council of the City of South Bend amending Chapter 21 of the zoning ordinance. Dear Council Members: The following changes have been made to the Ordinance for the above-referenced petition: Ordinance: 1) Annexation legal description: All references to "Hepler Street" were changed to "Dunn Road". If you have any further questions, please call me at 574-235-9571. Sincerely, %jk Christa Nayder Planner SERVING 37. JOSEPH COUNTY. SOUTH SEHO, LAKEVILLE. Nfw CARLISLE, NORTH LIBERTY, OSCEOLA, S ROSELAND W W W.S 7J OSE PH CO UN 7 Y I NO[ANA.C 0 M