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Home My WebLink About08-27-12 Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, AUGUST 27, 2012 7 : 00 P.M. 1 . INVOCATION - REV. JANICE HALL 2 . PLEDGE TO THE FLAG 3 . ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 12-65 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING DICKINSON INTERMEDIATE FINE ARTS ACADEMY 6. REPORTS OF CITY OFFICES A. MAYOR PETE BUTTIGIEG 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 39-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE LEGAL DESCRIPTION OF ORDINANCE NO. 10165-12 WHICH IDENTIFIED THE BOUNDARIES OF A RIVERFRONT DEVELOPMENT PROJECT AREA UNDER INDIANA CODE 7-3-20-16 8 . BILLS, THIRD READING TIME• BILL NO. 39-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE LEGAL DESCRIPTION OF ORDINANCE NO. 10165-12 WHICH IDENTIFIED THE BOUNDARIES OF A RIVERFRONT DEVELOPMENT PROJECT AREA UNDER INDIANA CODE 7-3-20-16 9. RESOLUTIONS BILL NO. 12-65 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 1124 - 1130 NAPIER ST. , SOUTH BEND, INDIANA 12-66 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE HOWARD PARK NEIGHBORHOOD MASTER PLAN 10 . BILLS, FIRST READING BILL NO. 40-12 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF NOTRE DAME AVENUE FROM HOWARD STREET SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. SAID ALLEY IS PART OF SORIN' S 2N° ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 41-12 FIRST READING ON A BILL TO CORRECT THE LEGAL DESCRIPTION IN ORDINANCE 10144-12, WHICH VACATED THE FOLLOWING DESCRIBED PROPERTY: SEVERAL ALLEYS, PORTIONS OF ALLEYS AND PORTIONS OF DUEY STREET, BURNS STREET, GEORGIANA STREET AND ST. VINCENT STREET 42-12 FIRST READING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2013 43-12 FIRST READING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2013 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 44-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2013, INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 45-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2012 46-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2012 OF $128, 134 FROM GENERAL FUND (#101) , $163, 000 FROM LAW ENFORCEMENT CONTINUING EDUCATIONS FUND (#220) , $26, 000 FROM LOSS RECOVERY FUND (#227) , $40, 000 FROM HUMAN RIGHTS GRANTS FUND (#258) , $30, 000 FROM POLICE BLOCK GRANTS (#2B0) , AND $60, 000 FROM POLICE DRUG ENFORCEMENT FUND (#299) 47-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2012 OF $490, 400 FROM WATER WORKS DEPRECIATION FUND (#622) 11 . UNFINISHED BUSINESS A. REPORTS FROM THE AREA PLAN COMMISSION 1 . BILL NO. 32-12 - REZONING - 1441 N. MICHIGAN AND WEST OF 1441 N. MICHIGAN 2 . BILL NO. 33-12 - REZONING - RIGRT-OF-WAY WEST OF AND ADJACENT TO 1441 N. MICHIGAN 3 . BILL NO. 34-12 - REZONING - 709/711 LINCOLN WAY EAST I 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. 6A� a� TA� ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CI'T'Y OF SOUTH BEND, INDIANA, AMENDING THE LEGAL DESCRIPTION OF ORDINANCE NO. 10165-12 WHICH IDENTIFIED THE BOUNDARIES OF A RIVERFRONT 1WVF1mPMF.N'I' PRO.IECT AREA UNDER IND. CODE, 7-3-20-16 STATEMENT OF PURPOSE AND INTENT On June 25, 2012 the South Bend Common Council passed Ordinance No. 10165-12 which identified the boundaries of a Riverfront Development Project for purposes of allowing special alcoholic beverage permits within this Riverfront area, under Ind. Code § 7.1-3-20-16'-- .l-3-20-16 (The Act). This ordinance became effective on June 26, 2012 when it was signed by Mayor fete Buttigieg. Ordinance No. 10165-12 was intended to include within its boundaries the reel estate located at 301 and 305 South Michigan Street, as well as other parcels which consist oI,Martial blocks, but it was recently discovered that, due to scrivener's error, such realty was not included in the Iegal description in Exhibit "13" to that Ordinance. This Ordinance rectifies that legal description oversight, and the Council finds that the newly described area is in a redevelopment area and that the amended legally described area meets all the requirements to qualify under The Act. NOW, 'I'll);Rl l'ORE BE IT ORDAJNED 13Y TI11 COMMON COUNCIL OF 'fill: CITY OF SOUTH 131:s"ND, INDIANA as follows: SI CTION' 1. Exhibits "A" and "B" to Ordinance No. 10165-12 which identify real estate within the boundaries of the Riverfront Development Project Area created by that Ordinance are hereby amended as set forth in "Amended Exhibits `A' and `B'," attached hereto and incorporated herein, which Amended Exhibits shall comprise the City's downtown Municipal Riverfront Development Project Area . SECTION 11. Because it was the intent from enactment of Ordinance No. 10 1 65-12 that the defined property be included within the original Riverfront Development Project Area ordinance, this ordinance upon passage by the Common Council and approval by the Mayor, shall be effective retroactive to June 26, 2012, the effective date of Ordinance No. 10165-12, Member, South Bend Cc�rvt`aarc��1 C:'ou��ei] omly to'viovdal en ind council adort on this I%*.3 ;: j'0'U 1400CoUNrt-077BU11..0fNG \\ �/�.i I'HaNE 5741235-9241 227 W JEEFF.RSON I30ULPVARD C W PEAC-F% �� FAX 5741235-7670 Soun4 END,INDIANA 4 6601-183 0 a � a 1865 CITY OF SOUTH BEND PETE BuTnGIBG, MAYOR .DEPARTMENT OF I,Aw A1ADEAN M. DERosE CmATrORNEY,AD INTERIM August. 4, 2012 Mr. Derek Dieter President, South I3end Common Council 4'h Floor, County-City Building South Bend, IN 46601 Re: Substitute Bill No. 39-12 Amending Ordinance No, 10165-12 Dear President Dieter: Attached is a Substitute Bill to Amend Ordinance No. 10I65-12 which identified boundaries of a Riverfront Development Project. The only change in the new Bill is the caption which describcs with greater specificity the Ordinance being amended. Sincerely, Aladean M. DeRose City Attorney, A.I. AMD/ew f � lle,d i h AUG, 9 ZO it CHERYL A. GRE.ENE AmN-CAROL NASH ANDREA L. BEACHKOFSKY I..AWRENCE J.METFIVER JEFFREY L.SANFORD C 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 1124 - 1130 NAPIER ST, SOUTH BEND,INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36- 7-4-918.6; and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS,the 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, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1124— 113 0 Napier Street. in order to permit a Special exception to allow an accessory parking lot. 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 finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). SECTION IV. Approval is subject to the petitioner complying with the reasonable conditions established by the 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. Member of the Common " .Council p� 5? 4 . f`.FSpejS Q W ">l '�°�vp�m±k�Gul{'ai aEiN"FI S 6 ko p Red 4 5 CD y@ Cm � iN Army & Navy Garrison #146 1121 Western Ave. South Bend, In. . 46601 Seeking a special exception.. to allow an accessory parking lot and variance from hard surface to existing on property located at 1124, 1126 & 1130 Napier Street. PROPOSAL This fence will_ be on an existing surface and will add security for our elderly patrons who comprise the majority of our members. This area will also provide for snow deposit during the winter months . 1 . The 6ft. chain link fence that will surround this 30 x 124ft. vacant property will not have any adverse effect on the health, safety, or moral standards bf the surrounding area . 2. This section is located north of an alley which the Army & Navy #146 owns and will not affect property values . 3 . Proposed will be consistent with the area . 4. The proposed use will be compatible with comprehensive plan. 3. Zoned SF2 in Portage Township f` VIC, C9 v 19 (1 1 4� > .. .� T .11 L ' Y f u 1 , x � r' oqw 'l 7y �!��.' ;kl.'��"'.'�::' '" , .. . . yy I... .11 . _',pl . � . .."... " . ':" , .. I 6 . . . . . .1 ..,::. ' . 'A =10, � 0 . , . . � ' . . : .� . "" ' ' . . — . ' _ ' ; ' .. . 11 1. L3# ry - a. . . . ,, , , 11 1 �E� .: r �.:. r -'� 4 '� J3� ? . 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South Ste 428 New York NY 10016 018-3070- BOREK 2749 JENNIFER 1102 Thomas South Bend IN 46601 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX. (574) 235-5541 August 2, 2012 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception for an accessory parking lot in a"SF2" District ABZA 811112 Dear Council Members: The above referenced petition of the Army &Navy Garrison#146 was legally advertised on July 20, 2012. T he Area Board of Zoning Appeals gave it a public hearing on August 1, 2012, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow an accessory parking lot in a"SF2" District, on property located at 1124, 1126 & 1130 Napier Street, is sent to the South Bend Common Council with a Favorable Recommendation subject to a written commitment limiting parking to the southern 35' of the property and should the petitioner fail to submit the written commitment the Board then recommends an Unfavorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Charles C. Bulot, C.B.O. Building Commissioner CCBlcali PETITION OF ARMY & NAVY GARRISON #146 SPECIAL USE PURSUANT S.J.C.C. TITLE 15 CHAPTER 154 AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PRPOSED SPECIAL USE WILL NOT BE INJURIUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WLFAFE BECAUSE: Development and use as presented will comply with all building, fire safety,traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community- . 2_ THE PROPOSED SPECIAL USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED SPECIAL USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4_ THE PROPOSED SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE ST. JOSEPH COUNTY COMPREHENSIVE PLAN BECAUSE: The conditions to this particular property does create an unusual and unnecessary hardship. CONDITIONS or REVISIONS: SUBJECT TO A WRITTEN COMMITMENT LIMITING PARKING TO THE SOUTHERN 35' OF THE PROPERTY AND SHOULD. THE PETITIONER FAIL TO SUBMIT THE WRITTEN COMMITMENT THE BOARD THEN RECOMMENDS AN UNFAVORABLE RECOMMENDATION DECISION IT IS THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto the St. Joseph County Council with a: FAVORABLE RECOMMEDATION. ADOPTED this 1 ST Day of AUGUST, 2012. YES NO C]x MICHAEL URBANSKI 0 GERALD PHIPPS [x] RANDALL MATTHYS M BRENDAN CRUMLISH 0 JOE VELLEMAN JACK YOUNG ROBERT HAWLEY Area Board of Zoning Appeals—August 1, 2012 ARMY & NAVY GARRISON #146 The petition of the Army&Navy Garrison #146 seeking a Special Exception to allow an accessory parking lot in a"SF2" District and a variance from the required hard surface to existing gravel & grass, on property located at 1124, 1126 & 1130 Napier Street, Portage Township. Zoned"SF2". MR. ED RICHIE: I represent the Army,Navy club on 1121 Western Ave. MR. URBANSKI: Just to know this is a Special Exception and it will be sent to the City of South Bend Common Council favorably, unfavorably or with no recommendation. Do you have anything else you want to add other than what is in your petition? MR. RICHIE: No. MS. NAYDER: I just wan to point out that this also went through Design Review and at that meeting it was decided that only the south 35' would be used for parking. I just wanted to kind of reiterate that because the site plan maybe was also a little confusing or misleading again. MR. VELLEMAN: Oh, okay so they're not using that whole grassy lot in the back there,then? MR. URBANSKI: No all the way to Napier,just 35'. MR, RICHIE: Just 35' from the alley going north. MR. PHIPPS: So it's the area between the alley and the fence and the gate that they're going to be putting in there is the parking and the rest of it is just going to remain open then? MR. RICHIE: There is a fence there but we'll have to take that down. MR. PHIPPS: So you're going to take the fence that's along Napier down? MR. RICHIE: Yes. MR. PHIPPS: Okay. And then the gate in the new fence, the new fence is just for access into that lot? MR. RICHIE: Yes. That'd be 124' across will be a fence there. And then there'll be a gate and then the rest will just be open grass. MR. PHIPPS: And there is gravel along that the alley, the area that you'll be using for parking? MR. RICHIE: Yes. MR. VELLEMAN: Well that makes it even clearer. Now I understand what the triangle means. 16 f RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, APPROVING AND ADOPTING THE HOWARD PARR NEIGHBORHOOD MASTER PLAN WHEREAS,in 2oo6, City Plan, a comprehensive plan for South Bend was adopted by the Area Plan Commission of St.Joseph County and the Common Council of the City of South Bend,which recommends that area-specific plans be developed for portions of the City to provide strategic direction in the future growth and development of that area; and WHEREAS,the City of South Bend through its Redevelopment Commission and Holladay Properties have undertaken the responsibility to prepare a Master Plan for the Howard Park Neighborhood in the East Bank of South Bend; and WHEREAS, the Howard Park Neighborhood Master Plan is comprised of those properties that lie within the following boundaries. St.Joseph River to the West,Jefferson Blvd on the North,Eddy St.to the East, and the St.Joseph River&Eddy St.to the South; and WHEREAS,the Howard Park Neighborhood Master Plan contains a detailed land use plan for the development of the area with public and private sector investment opportunities;and WHEREAS,the Area Plan Commission of St.Joseph County,Indiana approved land use plan for the Howard Park Neighborhood Master Plan by resolution on 08/21/2012; and WHEREAS,the Howard Park Neighborhood Master Plan,which is attached hereto and incorporated herein,contains all the elements necessary to strategically guide development in the Howard Park Neighborhood of the East Bank of the St.Joseph River, and is appropriate and in the best interest of South Bend and its citizens. NOW,THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA AS FOLLOWS: SECTION I:That the Howard Park Neighborhood Master Plan,a true and complete copy of which is attached hereto and incorporated herein shall be and hereby is approved. SECTION II:That this Resolution 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,Co `ncil r�ak6 aN` E nYIY'„:i �1 A5 �:: li on $ ;awe �, v.... ..�... FA UC22" Z04 4 F CRY, u��.H f PUSEh TE CLE[,!, l OT O� r�r�rjill�I�r�O 1400CouNTr-CITy BF LDTNC PHoNE 5741235-9241 227 W.j1:�E,xsoN BOULEVARD FAx 5741235-7670 SOUTH BEND,INDIANA 46601-1830 fr�� " s� (trsr•_ e x 1865 CITY OF SouTH BEND PETE BuTT1GIEG, MAYOR .DEPARTMENT OF ILAw AL.ADEAN M. DERosE CrrYATFORNEY,AD YNTERM4 Au-ilst 22, 2012 Mr. Derek Dieter President, South Bend Common Council 4"' Floor, County-City Building South Bend, IN 16601 a Re: Resolution of the Common COLincil of the City of South Bend, Indiana Approving and Adopting the Howard Park Neighborhood Master Plan Dear President Dieter, The South Bend Redevelopment Commission has prepared a Master Plan for the Howard Park Neiuliborhood located within the area commonly known as the East Bank. In order to acco mplish the Master Plan Howard Park Neiahborhood, it is necessary to amend the South Bend Central Development Area Plan, and to Approve the Howard Park Master Plan. A detailed explanatory memo from .Iitin Kain, Senior Economic Development Specialist, is attached alone with the proposed Resolution and the Howard Parts Neighborhood Plan dated August 10, 2012. Mr. Kain will present ibis Resolution to the COUneil at its Committee meeting and at the full Council re(,tllar meeiin�. "IThank you for your consideration. Sincerely, k- ad1,?ax Aladean M. DeRose A- ~ Qt. _A.ttorlae Ad.:Ilrterilti� s€5s✓ .vT 61 A*'� Y Y p AMID/ew 1 CHERYL A. GREENE ANN-CARo1.NASH ANDREA L. BEACHKOFSKY LAWRENCE.METF.IVE.R JEFFREY L.SANFORD RESOLUTION NO, 3064 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA AND ADOPTING THE MASTER PLAN FOR THE HOWARD PARK NEIGHBORHOOD WHEREAS, the South Bend Redevelopment Commission (the "Commission"), governing body of the City of South Bend, .Indiana, Department of Redevelopment (the "Department") and the Redevelopment District of the City of South Bend, Indiana (the "Redevelopment District"), exists and operates under the provisions of the Redevelopment of Cities and Towns Act of 1953 which has been codified in IC 36-7-I4 et see., as amended from time to time (the "Act"); and WHEREAS, the Commission has previously designated and declared an area in the City of South Bend, Indiana (the "City") known as the South Bend Central Development Area to be a blighted area within the meaning of the Act and adopted a Redevelopment Plan (the "Redevelopment Plan") all pursuant to Resolution No. 137 adopted by the Commission on May 10, 1985 (the "Declaratory Resolution"); and WHEREAS, pursuant to Section 16(a) of the Act, the Declaratory Resolution was approved by a resolution of the St. Joseph County Area Plan Commission (the "Plan Commission"), constituting its written order approving the Declaratory Resolution and the Redevelopment Plan (the "Plan Commission Order"); and WHEREAS, pursuant to Section 16(b) of the Act, the Common Council of the City adopted its resolution which approved the Plan Commission Order; and WHEREAS, after notice and a public hearing thereon, the Declaratory Resolution was subsequently confirmed by the Commission; and WHEREAS, pursuant to the Act and the Redevelopment Plan, the Department has conducted surveys and investigations and has thoroughly studied the South Bend Central Development Area and the Howard Park Neighborhood; and WHEREAS, upon such surveys, investigations and studies having been made, the Commission finds that the Redevelopment Plan cannot be achieved by regulatory processes or by the ordinary operations of private enterprise without resort to the powers allowed under the Act and that the public health and welfare will be benefited by the accomplishment of an amendment to the Redevelopment Plan; and WHEREAS, the Commission desires to amend the Redevelopment Plan by adopting a Master flan for the Howard Park Neighborhood (the "Amendment"); and WHEREAS, the Amendment adopts only the portion of the Master Plan lying inside and related to the South Bend Central Development Area (depicted in Exhibit A); and WHEREAS, there was presented to this meeting of the Commission for its consideration and approval, a copy of the Amendment, which Amendment consists of thirty seven (37)pages, and is attached hereto as Exhibit B; and WHEREAS, the Commission has determined that it has no present plans to acquire any interests in real property as part of the Amendment; and WHEREAS, the Amendment conforms to other development and redevelopment plans for the City. NOW THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: 1. The Commission hereby finds and determines that the public health and welfare will be benefited by accomplishment of the Amendment for the Area. 2, The Commission hereby finds and determines that the Amendment is reasonable and appropriate when considered in relation to the Redevelopment Plan and the purposes of the Act. 3. The Commission hereby finds and determines that the Amendment for the Area conforms to the comprehensive plan for the City. 4. The Commission hereby finds and determines that it will be of public utility and benefit to amend the Redevelopment Plan for the Area, as set forth herein and in the Amendment and develop the Area under the Act. S. The Amendment is in all respects approved and is hereby adopted as the Amendment for the Area. The Amendment shall be entitled "Howard Park Neighborhood Master Plan", and, when combined with the Redevelopment Plan, shall be deemed to refer to such Redevelopment Plan as amended. 6. The maps and plats of the South Bend Central Development Area, showing the boundaries, the location of the various parcels of property, streets, alleys and other features affecting the acquisition, clearance, replatting, replanning, rezoning or redevelopment of the Area, that are to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes under the Plan, which maps and plats were previously adopted by the Commission, are hereby confirmed by the Commission. 7. No property acquisition is included as part of the Amendment. 8. The Secretary is directed to file a certified copy of the Amendment and this Resolution with the minutes of this meeting, 4. This Resolution, together with supporting data, shall be submitted to the St. Joseph County Area Plan Commission and the City of South Bend, Indiana, Common Council, as provided by Section 16 of the Act, for the approval of the Resolution and the Amendment, and if approved by both bodies, the Resolution and the Amendment shall be submitted to public hearing and remonstrance as provided by Section 17 of the Act, after public notice in accordance with Section 17 of the Act and IC 5-3-I and after all required filings with governmental agencies and officers have been made pursuant to Section 17 of the Act. 10. All other findings, determinations and conclusions contained in the Redevelopment Plan shall remain as stated therein. 11. All orders or 'resolutions in conflict herewith are hereby rescinded, revolted and repealed in so far as such exist. 12. This Resolution does not affect any rights or liabilities accrued, penalties incurred, offenses committed, or(except as otherwise provided herein)proceedings begun before the effective date of this Resolution. 13. The United States of America is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964, as amended. 14. This Resolution shall be in full force and effect from and after its adoption by the Commission. ADOPTED AND APPROVED at a meeting of the South Bend Redevelopment Commission held on the 1 6th day of August, 2012, at the County-City Building, Room 1308, 227 West Jefferson Boulevard, South Bend, Indiana. CITY OF SOUTH BEND, J DEPARTMENT OP' DEVELOPMENT • tgnattrre Marcia Z. Jones President: ante ame and Rile South Bend Redevelopment Commission ATTEST: -e David A. Varner, Vase-Presidents Prbged Arawe and 11 e South Bend Redevelopment Commission EXHIBIT A Howard Park Neighborhood Master Plait i J ise 4 a; l r NS Master Platt Boundaries N.. y r p �A xx''ss r A � 4 � t q � SBCDA Boundary EXHIBIT B Howard Park Neighborhood Master Plan Updated: August 2012 RESOLUTION NO.228-12 A RESOLUTION OF THE AREA PLAN COMMISSION OF ST.JOSEPH COUNTY,INDIANA, APPROVING THE HOWARD PARK NEIGHBORHOOD MASTER PLAN,SOUTH.BEND,IN WHEREAS,the City of South Bend, Indiana(the "City"), recognizes the need to improve and develop the Howard Park neighborhood through strategic planning; and WHEREAS,the City through its Redevelopment Commission(the"Commission")and Holladay Properties have undertaken the responsibility to prepare a Master Plan for the Howard Park Neighborhood of South Bend; and WHEREAS,the Howard Park Neighborhood Master Plan is comprised of those properties that lie within the following boundaries: St.Joseph River to the West,Jefferson Blvd on the North, Eddy St.to the East, and the St.Joseph River&Eddy St.to the South; and WHEREAS, the Howard Park Neighborhood Master Plan is a strategic development plan that was created with input from a variety of stakeholders,including Howard Park Neighborhood residents and businesses; and WHEREAS, the Howard Park Neighborhood Master Plan contains a detailed land use plan for the development of the area with public and private sector investment opportunities and a projected development schedule, and WHEREAS,the St. Joseph County Area Plan Commission(the"Plan Commission")is the body charged with the duty of developing a general plan of development for the City; and WHEREAS, on August 16,2012, the Commission, the governing body of the City of South Bend,Indiana, Department of Redevelopment, approved and adopted its resolution,entitled"Resolution of the South Bend Redevelopment Commission Amending the Development Plan for South Bend Central Development Area for the Howard Park Neighborhood" (the"Declaratory Resolution");and WHEREAS, the Declaratory Resolution approves an amendment(the"Plan Amendment") to incorporate the Howard Park Neighborhood Master Plan into the redevelopment plan(the"Original Plan") for the South Bend Central Development Area (the "Area"), (the Original Plan, as amended by the Plan Amendment,shall hereinafter be referred to as the"Redevelopment Plan");and WHEREAS, the Commission has submitted the Declaratory Resolution and the Plan Amendment to the Plan Commission for approval pursuant to the provisions of Indiana Code 36-7-14, as amended(the "Act"),which Declaratory Resolution and Plan Amendment are attached hereto and made a part hereof; and WHEREAS,pursuant to the provisions of the Act,the Plan Commission desires to issue its written order approving the Declaratory Resolution and the Redevelopment Plan,including the Plan Amendment. 13DDBD 1 5268508x2 f i NOW, THEREFORE, BE IT RESOLVED by the Area Plan Commission of St. Joseph County, Indiana as follows: 1. That the Howard Park Neighborhood Master Plan is approved as the land use policy for the future land use development of the area considered. 2. That the Declaratory Resolution and the Redevelopment Plan,including the Plan Amendment,conform to the plan of development for the City. 3. That the Redevelopment Plan, including the Plan Amendment, is in all respects approved, ratified and confirmed. 4. That the Declaratory Resolution of the Commission adopting the Plan Amendment is in all respects approved,ratified and confirmed. 5. That the Plan Commission has given consideration to transitional and permanent provisions for adequate housing for the residents of the Area,if any,who will be displaced by the redevelopment of the Area. 6. That this Resolution hereby constitutes the written order of the Plan Commission approving the Declaratory Resolution and the Redevelopment Plan,including the Plan Amendment, pursuant to Indiana Code 36-7-14-16(a). 7. That the Secretary of the Plan Commission is hereby directed to file a copy of the Declaratory Resolution and the Plan Amendment with the minutes of this public meeting. & That this Resolution shall be in full force and effect from and after its adoption by the Plan Commission. Passed by the Area Plan Commission of St. Joseph County, Indiana this day of 2412, � NO E.DeLee President Area Plan Commission of St, Joseph County Attest: W W.Byomi , Secretary Area Plan Commission of St. Joseph County BDDH01 526850gv2 -2- W 1111111111111 11111111 111111111 Jill I 1,111111111111111 Spy 1716 TH 7� r rr muni y & Ecanarnic Dcvelapme in r 1865 r'F 227 West Jefferson, Suite 1200, South Bend, Indiana 46601-1830 + Phone 574/235-9371 O Fox 574/235-9021 To : South Bend Colzi Council Vz- From: Atin Kain. Seflior Economic Development Specialist Subject- Adoption of the Howard Park Neighborhood Master Plan Date: August 22, 2012 Attached with this nicnio is a Resolution which adopts the Howard Park Neighborhood Master Plan as part of the process to amend the Redevelopment Plan for the South Bend Central Development Area (SBCDA). The Howard Park Neighborhood of South Bend has the potential to become an exciting, dynamic urban neighborhood and is poised for private sector investment and development of its infill properties. After the completion of Phase I of the East Sank Master Plan (covers neighborhood North of Jefferson Blvd) in 2008, a planning study of the Phase 11 area,more commonly known as the Howard Park Neighborhood, began. This area is decidedly more residential in character. However, there are several commercial and industrial users who call the Howard Park Neighborhood home, and scenic river views which characterize the vast potential the neighborhood possesses. Key strategies identified in the plan include. f Redevelopment of the 10 acre Transpo site in to a mix of residential uses along the river front 0 Conversion of existing industrial Uses to residential as these properties come up for sale or re-case m Enhancement of the River Walk B Pedestrian and bike friendly pathways throughout the neighborhood. The Master Plan was completed in the spring of 2009. At the time the South Bend Central Development Area did not include the Eastern half of the Transpo site, In December of 2011, the boundaries of the development area were expanded to include the remainder of the Transpo site in order to support a private sector development project. 'T'he Redevelopment Coniniission approved Declaratory Resolution #3064 oil 8/16112 to begin the process of amending the SBCDA which is attached. Also attached is Area Plan Commission Resolution 228-12 which was approved on 8/21/12. Staff requests approval of the attached ReS0111 bn. is k � ti f E t •- ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first North/South alley West of Notre Dame Avenue from Howard Street South to the first East/West alley for a distance of 198 feet and a width of 14 feet. Said alley is part of Sorin's 2"d addition to the city of South Bend, Portage Township, St. Joseph County, Indiana, STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The first North/South alley West of Notre Dame A venue from Howard Street South to the first East/West alley for a distance of 198 feet and a width of 14 feet. Said alley is part of Sonn's 2'4 addition to the 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 Ill. The following property may be injuriously or beneficially affected by such vacating: -3768 & 3771 (Worthy Causes Foundation) -3772 (University of Notre Dame) -3773 & 3774 (Krusche) -3775 & 3776 (Haigh) -3777 & 3778 (Bodensteiner) -3779 & 3780 (Kidder) Section IV. The purpose of the vacation of the real property is improve safety and security for the residents who abut the alley. 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 CommCouncil Attest: i s WTI 1s< n --p s°;''L! .n City ^�� p�A '_. a;,l;:cif,y@t F^ Cit Clerk � ��a c.; �.�=k;: �:.p�E and cound action oil this iazsuar 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 LF1 I -t A00 ZUJ 1 st READING PUBLIC HEARING 3 rd READING �fQ�$N v_ LL ,So J-H>JBENI,IN NOT APPROVED EFERRED PASSED PETITION TO VACATE PUBLIC RIGHTS-OF-WAY I$TREETS/ALLEYS) TO THE COMMON COUNCIL DATE:_8/21/2012 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The first North/South alley West_of Notre Dame Avenue from Howard Street South to the first East/West alley for a distance of 198 feet and a width of 14 feet. Said alley is part of Sorin's 2nd addition to the city of South Bend Ponta a Township, St. Jose h Coun Indiana. B. THE STREET DESCRIBED AS: NAME (signed & printed) ADDRESS LOT # Scott Kidder 919 N. Notre Dame Ave 3779/3780 James Hai h 925 N. Notre Dame Ave 3775/3776 CONTACT PERSON (S) NAME: Scott Kidder RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: 919 N. Notre Dame Ave. JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING _South Bendx IN 46617 SOUTH BEND, IN 46601 574-235-9221 PHONE: 574-261-0703 3 LC TY CLERK,6'O ,IN South Bend Common Council 1200 County-City Building 227 W. Jeffereson Blvd South Bend, IN 46601 Dear South Bend Common Council Members: As residents of city of South Bend, we are writing to request the vacation of the first North/South alley West of Notre Dame Avenue from Howard Street South to the first East/West alley for a distance of 198 feet and a width of 14 feet. Said alley is part of Sorin's 2nd addition to the city of South Bend, Portage Township, St. Joseph County, Indiana. The vacation of this alley would greatly assist in improving the safety of our neighborhood, our homes and most importantly our families by reducing the unnecessary and undesirable foot and car traffic between the existing properties therefore reducing the opportunities for crime along this alley. While the alley is rarely used, the utilization that does occur is generally undesirable to the neighbors abutting the alley. This undesirable traffic has recently included an escaping burglar, a group of brick throwing vandals and speeding cars among others. Additionally, due to the rare use of the alley, the ten children who live in homes abutting the alley and their neighborhood friends who often play in these abutting back yards often become comfortable playing near or even crossing the alley creating an extremely dangerous situation when speeding cars attempt to use the alley as a shortcut. In conclusion, we hope that you will help us improve the safety and security of our homes and families by approving the vacation of this alley. Sincerely, �* Scott Kidder amen Haigh 919 N. Notre Dame Ave. 925 N.Notre Dame Ave. South Bend, IN 46617 South Bend, IN 46617 File i "c A-U,, 2 2 NIZ CITY CLERK,SGUM SEND,IN -3658 -3560 -3851 _ -38f1.t31 �----------- i 1$-510 --3662 I ---3768 e —3772 _J --_____-..__-_ -3773 Q -3775 r m�-- e3778 � __ rn _�__ _-_� __ 774 __ w __ --- ----------- 1�J 3777 --•3779 I ---- ....._. ---- � r I � -3778 -3780 18-5107 ' i —3781 --3782 .... --- ---........... --------- —3783 3784 -- ———— --, € € —3788 € °r° I ago —3788 t.. i: t r € ce ; — ----------- aflt, -3788.01 •``�. Cf1 �L 1 CIA? V 150` RATS LEGAL DESCRIPMN: THE ALLEY TO BE VACATED IS THE F!RST NORTH/SOUTH ALLEY WEST OF NOTRE DAME AVENUE" FROM HOWARD STREET SOUTH TO THE rIRST EAST/WEST ALLEY FOR A IAS TANCE OF 198 FEET AND A WIDTH OF 14 FEET. SAID ALLEY 1S PART OF SORIN'S 2ND ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIAN A. 0. 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Ll O. z {if w N O O E2 w 2 J J z z w r 12: ',Z', z ❑a Y Y U U z q Q z g 0 R R w w Z Z w O x W z -o av Q D O cn N cn 4 Q J .J�.( Uy f J 06 (D Y F 3 j 3 W Z O a T L7 C7 U 0 o p N N ❑ otl of K LY ¢ p U 2 2 2 ❑ 7 O w ¢ ¢ co N w w ¢ Q U ¢ ¢ } Q g g w w _z z 2 2 z O co < v a7 m U U 1_ w 11.i O U Q 2 [L' U E m (a 2 = j w Z Z < 4 t; w ~ Z J ❑ ❑ ❑ U U z z FC - z m J �O in ❑ 7 U` O 0 O 0 w Z .wd CD K 0 0 o a O O Z O O ¢ ¢ O O ❑ 9 u>i -❑ a � w � z z z 3: ❑J m Y Y T 2 m m Y Y J C7 4 O i� m n o N 00 N [7 <f m m n W ID r N M Q' m pp w w ID SO n n n A A A n 7� n m W W m m m co U �i NS c'i r� r� M n c n m C? v�j M M M cAj M P- C? n 0 0 0 0 0 o n o o a n .n 9 m in u� irs �n � ui u� y� 0o co cV ro m ca co cn m w m ao m ca' m oo m m' 0 0 0 0 o a o 0 0 0 o n o 0 SOU T11 1 3 1 6 COUNTY-CrrY BUILDING A,\\� 1 RUONL 5741235-92P 2.7.7 W,JEFPHRSQN BOUIT!VAkZLI 1� f ii rr FAX 57� 3 2 T x S-9 7 SOUTH B.CNC3, INDIANA 466ox-I8 jo % R 1865 OTT of SouTH BEND Para Bi3'1"TIGIEG, MAYOR BOARD OF PUBLIC WOKS July 24, 2012 Mr. Scott Kidder 919 Notre Dame Avenue South Bend, Indiana 46617 RE: Alley Vacation — North Half of the North�South Alley between St. Peter Street and Notre Dame Avenue, South. of Howard Street (Preliminary Review) Dear Mr. Kidder: The Board of Public Works, at its July 24, 2012 meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, and the Police Department. The following comments and recommendations were submitted: Area PIan stated that the vacation would not Binder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would block access to a fire hydrant located behind the commercial building at the south east corner of St. Peter and Howard Streets. 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 there may be an objection from the business owners on the northeast side of St, Peter St. due to access to a parking lot and their delivery dock. Two of the surrounding neighbors can only access their garage through the alley. The Fire Department stated the vacation would hinder protection to the rear of the structures between the streets. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley, subject to an access easement agreement between all affected parties. Page 2 of 2 July 24, 2012 Kidder, Scott Please contact Tony Molnar at 574 235-9254 prior to Dicking—u—p your radilus map. You will need a radius map showing properties within 154' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Linda M. Martin, Cleric c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Michael Mecham, Engineering Jamey High _ 6� A ORDINANCE NO. AN ORDINANCE TO CORRECT THE LEGAL DESCRIPTION IN ORDINANCE 10144-12, WHICH VACATED THE FOLLOWING DESCRIBED PROPERTY: SEVERAL ALLEYS, PORTIONS OF ALLEYS AND PORTIONS OF DUEY STREET, BURNS STREET, GEORGIANA STREET AND ST. VINCENT 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 street to be vacated is a portion of Georgiana Street from the first East/West alley North of South Bend Avenue ( SR 23) for a distance of 192 feet and a width of 50 feet. The second street to be vacated is a portion of Burns Street from the North right of way line of South Bend Avenue for a distance of 296 feet and a width of 50 feet. The third street to be vacated is a portion of Duey Street from the North right of way line of South Bend Avenue for a distance of 417 feet and a width of 50 feet. The forth and final street to be vacated is a portion of St. Vincent Street from the East right of way line of Burns Street to the West right of way line of Duey Street for a distance of 248 feet and a width of 50 feet and from the West right of way of Burns Street to the East right of way line of Georgiana Street for a distance of 248 feet and a width of 50 feet. Georgiana Street, Burns Street, St. Vincent Street and the West half of Duey Street are all a part of Hartman and Miller's Addition, Portage Township, City of South Bend, St Joseph County, Indiana. The East half of Duey Street is a part of Hartman and Woodsworth's Plat, Portage Township, City of South Bend, St Joseph County, Indiana. The first alley to be vacated is the first East/West alley North of South Bend Avenue (SR 23) from Georgiana Street West to the East right of way of the first North/South alley West of Georgiana Street for a distance of 118 feet and a width of 12 feet. The second alley to be vacated is the first East/West alley North of South Bend Avenue from Burns Street West a distance of 130 feet to the first North/South alley West of said Burns Street and a width of 10 feet. The third alley to be vacated is the first North/South alley West of Burns Street from the first East/West alley North of South Bend Avenue a distance of 54 feet and a width of 12 feet. The fourth alley to be vacated is the first North/South alley East of Burns Street from the North right of way line of South Bend Avenue North to the South right of way of St Vincent Street for a distance of 266 feet and a width of 12 feet. The fifth alley to be vacated is the first East/West alley North of South Bend Avenue from Duey Street to the first North/South alley West of Duey Street for a distance of 11B feet and a width of 12 feet. The sixth alley to be vacated is the first North/South alley West of Duey Street from St Vincent Street North for a distance of 220 feet and a width of 12 feet. The seventh alley to be vacated is the first East/West alley North of South Bend Avenue from Duey Street East to the first North/South alley East of Duey Street for a distance of 118 feet and a width of 12 feet. The eighth and final alley to be vacated is the first North/South alley East of Duey Street from the North right of way line of South Bend Avenue North 202 feet to the first East/West alley North of South Bend Avenue and a width of 12 feet. 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 Numbers: 018-5099-3519 018-5099-3550 018-5099-3505 018-5099-3496 018-5099-3518 018-5100-3547 018-5099-3510 018-5100-3536 018-5099-3517 018-5097-3447 018-5099-3512 018-5100-3539 018-5099-3508 018-5097-3446 018-5099-3505 018-5099-3596 018-5099-3509 018-5097-3445 018-5099-3510 018-5099-3510.01 018-5099-3506 018-5099-3497 018-5099-3514 018-5100-3544 018-5099-3504 018-5099-3493 018-5100-3541 018-5100-3538 018-5099-3502 018-5099-3489 018-5100-3535 018-5100-3542 018-5099-3523 018-5099-3500 018-5100-3545 018-5100-3548 018-5099-3523 018-5099-3487 018-5100-3551 018-5099-3578 018-5099-3524 018-5099-3549 018-5099-3488 018-5097-3448 018-5098-3472 018-5097-3449 018-5097-3449 018-5097-3451 018-5098-3474 018-5097-3452 018-5097-3435 018-5097-3433 018-5098-3476 018-5097-3431 018-5098-3469 018-50983471 018-5099-3507 018-5098-3473 018-5098-3475 018-5098-3477.01 018-5099-3518 018-5098-3467 018-5098-3481 018-5098-3482 018-5099-3517 018-5098-3483 018-5101-3565 018-5101-3568 018-5099-3508 018-5101-3571 018-5101-3574 018-5101-3577 018-5099-3509 018-5098-3456 018-5098-3458 018-5098-3460 018-5098-3462 018-5098-3464 018-5098-3466 018-5098-3468 018-5098-3470 018-5101-3566 018-5101-3569 018-5101-3572 018-5101-3575 016-5099-3491 01B-5099-3495 018-5099-3498 018-5099-3503.01 OIB-5099-3520 018-5099-3521 018-5099-3492 018-5100-3546 018-5100-3543 018-5100-3540 O1B-5100-3537 018-5100-3547 018-5100-3544 018-5100-3541 018-5100-3538 018-5100-3535 018-5100-3532 018-5100-3529 018-5100-3526 018-5100-3527 018-5100-3530 018-5100-3533 018-5097--3422 016-5097-3428 018-5097-3423 018-5098-3484 018-5098-3485 018-5098-3486 018-5094-3315 018-5094-3316 018-5094-3317 018-5094-3318 018-5094-3319 018-5094-3326 018-5095-3331 018-5095-3332 018-5095-3333 018-5095-3334 018-5095-3335 018-5095-3336 018-5095-3337 018-5095-3340 018-5095-3339 018-5095-3338 018-5095-3344 018-5095-3345 018-5095-3346 018-5095-3347 018-5095-3348 018-5095-3349 018-5095-3350 018-5095-3351 018-5095-3352 018-5099--3511 018-5097-3425 SECTION IV. The purpose of the vacation of the real property is to allow for the future development of the single--family homes within a new residential Planned Unit Development project. 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 Coun z.l Attest: s Lxx i Cit y 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. Filed in :Ifflce MAYOR, CITY OF SOUTH BEND, INDIANA j pUBLIC HE1 UNG NOT APPPOVED CITY CLERK,SOVVvi BEND,IN R.EF'ERRED), PASSED. Harner & Associates, Inc. —L*14 Vanch,MICHAEL J. DANCH, L.A. Land Surveyors . Professional Engineers RON HARNER, P.S. Landscape Architects . Land Planners Honorable Members of the City of August 22, 2012 South Bend Common Council 4t}' Floor County-City Building South Bend, Indiana 46601 RE: Revised Vacation Petition for several Alleys, portions of Alleys and portions of Duey Street, Burns Street, Georgiana Street and St. Vincent Street that are within the proposed Triangle PUD Planned Unit Development project area; Dear Council Members: On behalf of our clients, the Northeast Neighborhood Revitalization Organization, we are asking for approval of a revised Street and Alley Vacation Ordinance for the Triangle Planned Unit Development. The reason for this request is to fix a scribner's error that was discovered in the original Street and Alley Vacation Ordinance. A portion of the legal description for the Vacation of St. Vincent Street was inadvertently left out of the Ordinance. The provided maps for the Street and Alley Vacations areas were all correct. The Petitioners believe that approval of the revised Street and Alley Vacation Ordinance will not have a detrimental effect on the adjacent properties located within this new Planned Unit Development, as it will allow for the continued construction of approximately 53 homes. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Danch Filed ��Y a°' Al President 1 Danch, Harner & Associates, Inc. CITY CLERK,S01,�; IN 1643 Commerce Drive . South Bend, IN 46628 208 West Mars . Berrien Springs,M149103 office 5741234-4003 n 8001594-4003 w Fax 5744,,234-4119 office 269/471-3010 ■ Fax 2691471-7237 ORDINANCE NO. AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING . DECEMBER 31, 2013 STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to levy taxes and fix the rate of taxation for the purpose of raising revenue to meet the necessary expenses for 2013. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: SECTION 1. There shall be levied upon each One Hundred Dollars of Assessed Valuation of Taxable Property of the City of South Bend, Indiana,for the fiscal year 2012 to be collected in the year 2013 the following: For CORPORATION GENERAL FUND,the sum of$xxxx on each one hundred dollars of Taxable Property. For PARK AND RECREATION FUND,the sum of$xxxx on each one hundred dollars of Taxable Property. For CUMULATIVE CAPITAL DEVELOPMENT FUND,the sum of$xxxx on each one hundred dollars of Taxable Property. Total Civil City Rate $xxxx For REDEVELOPMENT BOND(COLLEGE FOOTBALL HALL OF FAME), the sum of$xxxx on each one hundred dollars of Taxable Property. Total Redevelopment Rate$xxxx SECTION 11. This Ordinance shall be in fufi force and effect from and after its passage by the Common Councif and approval by the Mayor. Member of the Common Council Attest: VI 1 . t r,3iek un opportunity f(of t- ra,� and City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 at o'clock , m. Deputy City Clerk Approved and signed by me on the day of 2 at o'clock m. Mayor, City of South Bend, Indiana READING AUO NOT A o-'izo'VED CITY�4L Zf( `r�5 :y , RU LRe CITY R�4&� I}X4` Yn r•.f of ¢' -� Y S _..... PASSED. 50� 120ON CoUVITY-OTYBUILDING ,\\ / NONF 574/235-9216 227W.JrVExsoNBLvr�. F.�x 5741235-9928 Sou-n-�Bran,INDIANA 46601-1830 `1865 CITY op Sot;TH BEND PETE BU'ITIGIEG, iMAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 21, 2012 Mr_ Derek Dieter President, South Bend Common Council 4"'Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Levying Taxes and Fixing the rate of Property Taxation to meet City Expenses for the fiscal year ending December 31, 2013 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend fixing the property tax rate for the City of South Bend for the fiscal year commencing January 1, 2013 and ending December 31, 2013. This tax rate will apply for property tax assessments in fiscal 2012 with taxes payable in fiscal 2013. This bill is respectively submitted for 1"read filing with the Common Council for the council meeting scheduled for August 27, 2012, 2°6 read and public hearing at the council meeting on September 24, 2012, with 3'' read and council vote at the council meeting on October 8, 2012. The bill attached for 1`' read filing contains tax rates undefined, The tax rates will be defined prior to the advertising notice deadline of September 7, 2012. A substitute bill will be tiled at that time for discussion with the Council durinLy the Personnel and Finance Committee sessions, and public hearings. Please note that final property tax rates for each municipality in the State of Indiana are detennined by the Department of Local Government Finance (DLGF) as part of the "1782``budget review process. This bill will be presented to the Common Council by the Mayor and Controller as required at the appropriate sessions of the Persoariel and Finance Committee and at the public hearing. Respectively submitted, �Weal City Controller cc: Mayor Pete Buttigieg Mike Schmuhl, Chief of Staff Kathryn Roos, Deputy Chief of Staff Aladean DeRose,Interim City Attorney G 1200N Comer-CrrvBuiwirrc .,.,� \ ij� PraoNs 5741235-9216 227 W.jFFFF_zsoN BwD. �� \� �• w=.`rESCS�� ' FAx 574/235-9928 SouTiqBHND,INUANA 46601-1830 y x 1865 CITY of SoiJT'H BEND PETE B=TG1EG,MAYOR DEPARTMENT ®F ADMINISTRATION AND FINANCE August 21, 2012 Mr. Derek Dieter President, South Bend Common Council 4°i Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Levying Taxes and Fixing the rate of Property Taxation to meet City Expenses for the fiscal year ending December 31, 2013 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend fixing the property tax rate for the City of South Bend for the fiscal year commencing January 1, 2013 and ending December 31, 2013. This tax rate will apply for property tax assessments in fiscal 2012 with taxes payable in fiscal 2013. This bill is respectively submitted for I"read filing with the Common Council for the council meeting scheduled for August 27, 2012, 2`6 read and public hearing at the council meeting on September 24,2012, with 3'j read and council vote at the council meeting on October 8,2012. The bill attached for 1" read filing contains tax rates undefined. The tax rates will be defined prior to the advertising notice deadline of September 7, 2012. A substitute bill will be filed at that time for discussion with the Council during the Personnel and Finance Committee sessions, and public hearings. Please note that final property tax rates for each municipality in the State of Indiana are detennined by the Department of Local Government Finance (DLGF) as part of the "1782" budget review process. This bill will be presented to the Common Council by the Mayor and Controller as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Respectively submitted, f Filed in rkj �._ Mark W. Neal City Controller cc: Mayor Pete Buttigieg FhlG 2L nii Mike Schmuhl, Chief of Staff :: -_ t.,.g Kathryn Roos, Deputy Chief of StaffE..� Aladean DeRose, Interim City Attorney ORDINANCE NO. AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2013 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS,AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of several departments of the Civil City of South Bend, Indiana for 2013. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: SECTION I. For the expenses of the Civil City Government, its various departments, funds, commissions, and institutions for the fiscal year ending December 31, 2013, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart out of the funds hereinafter named, and for the purposes hereinafter specified, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by the laws. SECTION ll. For the fiscal year ending December 31, 2013, there is hereby appropriated out of the General Fund Number 101 and from Funds other than the General Fund, of said City to wit: (201) Park and Recreation Fund (202) Motor Vehicle Highway Fund (203) Park Recreation Non-Reverting Fund (209) Studebaker Oliver Reverting Grants (210) Economic Development Grant Fund (211) Community& Economic Development Operating Fund (212) Community and Economic Development Fund (216) Police State Seizures f=und (217) Gift, Donation, Bequest Fund (218) Police Curfew Violations Fund (220) Law Enforcement Continuing Education Fund (222) Central Services Fund (226) Liability Insurance& Premium Reserve Fund (227) Loss Recovery Fund (249) Public Safety Local Option Income Tax Fund (250) General Grant Fund (251) Local Roads and Streets Fund (258) Human Rights-Federal Fund (271) East Race Waterway (273) Moms PACIPalais Royale Marketing Fund (278) Police Take Home Car Liability Fund (280) Police Block Grant Fund (281) Economic Development Revenue Bonds Fund (288) E.M.S. Capital Improvement Fund (289) Hazmat f=und (291) Indiana River Rescue Fund (292) Police Grants Fund (294) Regional Police Academy Fund (295) COPS More Grant (299) Police Federal Drug Enforcement Fund (313) Hall of Fame Debt Service Fund (377) Professional Sports Development Fund (401) Coveleski Stadium Capital Fund (403) Zoo Endowment Fund (404) County Option Income Tax Fund (405) Park Department Non-Reverting Capital Fund (406) Cumulative Capital Development Fund (407) Cumulative Capital improvement Fund (408) County Economic Development Income Tax Fund (410) Urban Action Development Grant Fund (412) Major Moves Construction Fund (416) Morris Performing Arts Center Capital Fund (434) CRED Fund (450) Palais Royale Historic Preservation Fund (655) Project ReLeaf Fund (677) Hall of Fame Capital Fund (701} Fire Pension Fund (702) Police Pension Fund (705) Police K-9 Unit Fund (711) Self-Funded Employee Benefit Fund (713) Unemployment Compensation Fund (730) City Cemetery Trust Fund SECTION lll. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. f ( Member of the Common Cour, if Attest: = City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock—. m. Deputy City Clerk Approved and signed by me on the day of 2 at o'clock .m. I Mayor, City of South Bend, lidia EI A i' NG t I FAUG 2 PuBuc r 3rd t4 t.W`s a. Lii l NOT REFERl;l l ..., . PAS5W �,&TH O` 'W "111;1f r 1J 1200NCouwry-CITYBuLD3NG M .,\ PxPNx574/235-9216 �� , ii �. 227 W J�FERSOx BLVD, X sir ��, rEscE�i � FAx 5741235-9928 SouTH BEND,INDIAIIA 46601-1830 1865 CITY of SouTH BAND PFTE BUTTFGIRG, MAYOR .DEPARTMENT OF ADMINISTRATION AND FINANCE August 21, 2012 Mr. Derek Dieter President, South Bend Common Council 4"' Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Departments and Funds of the Civil City of South Bend for the fiscal year ending December 31, 2013 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for civil city expenditures for the fiscal year commencing January 1, 2013 and ending December 31, 2013. This bill is respectively submitted for I" read filing with the Common Council for the council meeting scheduled for August 27, 2012, 2°a read and public hearing at the council meeting on September 24, 2012, with 3d read and council vote at the council meeting on October 8, 2012. This bill will be presented to the Common Council by the Mayor, Controller, Department Heads and other staff of City Administration as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Respectively submitted, led in C. Mark W. Neal r . .. ., : .. City Controller 5 h f 2,�b� cc: Mayor Pete Buttigieg Mike Schmuhl, Chief of Staff CI C, Kathryn Roos, Deputy Chief of Staff ' Aladean DeRose, Interim City Attorney 0-)(---------- —------ m 07-)- 1-" . ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2013, INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS,AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of designated Enterprise Funds of the City of South Bend, Indiana for 2013. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. For the expenses of designated Enterprise Funds of the City of South Bend, Indiana, its various departments, funds,commissions and institutions for the fiscal year ending December 31, 2013, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart within the funds hereinafter named in Section II, and for the purposes hereinafter specified in Section II, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by law. SECTION II. For the fiscal year ending December 31, 2013,the above appropriations are made within the following funds of the City: (600) Consolidated Building Fund (601) Parking Garage Fund (610) Solid Waste Fund (611) Solid Waste Depreciation Fund (620) Water Works General Operations Fund (622) Water Works Capital Fund (623) Water Works Bond Capital Fund (624) Water Works Customer Depos#t Fund (625) Water Works Sinking Fund {626) Water Works Bond Reserve Fund (629) Water Works 08 M Reserve Fund (640) Sewage Repair Fund/Insurance Fund (641) Sewage Works General Operations Fund (642) Sewage Works Capital Fund (643) Sewage Works O&M Reserve Fund (649) Sewage Works Sinking Fund (653) Sewage Works Debt Service Reserve Fund (659) 2011 Sewer Bond (661) 2012 Sewer Bond (663) 2013 Sewer Bond (670) Century Center Operating Fund (671) Century Center Capital Fund SECTION Ill.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 ComrWWt!W 77L---- hgw Attest: j City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2_, at o'clock—. m. Deputy City Clerk Approved and signed by me on the day of 2_, at o'clock—.m. Mayor, City of South Bend, Indiana I�t READING �_..��v�� a. ,«r' a..5.- q� PUBLIC HEARING 3 rd READ NG NOT APPROVED R F FE R R E D PASSED nom 120ON C,oUNiY-Cn-rBuILDING �\\ PRONE 5741 23 5-9216 227 W.jtxsoN BLVD. W ��`rEac��, �, FAx 5741235-9928 SouTHBEN7,INDIANA 46601-1830 CITY oP SouTH BEND PETF BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND .FINANCE August 21, 2012 Mr. Derek Dieter President, South Bend Common Council 4"' Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Designated Enterprise Funds of the City of South Bend for the fiscal year ending December 31, 2013 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for enterprise fund expenditures of the City of South Bend for the fiscal year commencing January 1, 2013 and ending December 31, 2013. This bill is respectively submitted for I"read filing with the Common Council for the council meeting scheduled for August 27, 2012, 2"d read and public hearing at the council meeting on September 24, 2012, with 3`1 read and council vote at the council meeting on October 8, 2012. This bill will be presented to the Common Council by the Mayor, Controller, Department heads and other staff of City Administration as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Respectively submitted, Mark W. Neal `�y City Controller cc: Mayor Pete Buttigieg ' Mike Schmuhl, Chief of Staff Kathryn Roos, Deputy Chief of Staff k r , Aladean DeRose, Interim City Attorney "_`Y xbs (Ia\ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2012 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances #10124-11 and #10125-11, passed 10110111) which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2012. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section 1. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. 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. 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 , 2012, at o'clock_ . m. Deputy City Clerk Approved and signed by me on the day of , 2012, at o'clock m. Mayor, City of Southeicir I st READING PllP,ilc. 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'-sac: :m aqi�m v p'° ..�..°c'.°c' �cn Ui v CC CC C T�' ` 'Om OE�� .QQ CCC C CC - E E - _C.E ! W W W W d � U U LL OL -IL LI li U U c C C -2.9 - o+ E : w y t1 LL i.i.1.1. Ew1.C1 '- Z .c cc V m ', -LL lL O U.yu LL LL- ?3 a'Q a LL LL Ll LL LL - C C C C ? 7 LL LL N i6 d'LL' N F6 ,9 [p ry N U..U- ro m N 1—t= c-c- -F 76 (1)U) 0 0. m m m m m my m m' O Q. ..Ca C?: �� La c7 :�� 47:t7- ,w Lu w tw W' C7.(� C7 c7 L`l _..l....�: .0 C)0 O 'U U SgCI T11 120ON COUNTY-CITY BUILDING �..\ �j PFjoNE 574.235.9216 227 W. JEFCEPSON BLVD. \�,,� f d FAX 574235.9928 SoUM BEND,1NDJANA46601-1 830 d�e 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 22, 2012 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4t1' Floor South Bend, Indiana 46601 RE: 2012 Mid-Year Budget Transfers and Additional Appropriation Ordinances Dear President Dieter, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget, and propose necessary adjustments, during the middle of the year and at year end. Based on our mid-year review, we are submitting three bills for consideration by the South Bend Common Council: ® Budget Transfer.Ordinance Between Various Departments`and Cost Categories s Additional Appropriation Ordinance—Civil City Funds - $447,134 ® Additional Appropriation. Ordinance-- Enterprise Funds -$490,400 I will present these bills to the Common Council at the appropriate committee and council meetings. It is requested that these bills be filed for l't reading on August 27, 2012 with 2"d reading, public hearing and 3ed reading scheduled for September 10, 2012. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-7500. Piied In Clerk's Regards, A 6 r 1 , Mark W. Neal m 0 7 b ...i City Controller CC: Pete Buttigieg Mayor Mike Scbmuhl, Chief of Staff Kathryn Roos, Deputy Chief of Staff Aladean DeRose, Interim City Attorney ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2012 OF $128,134 FROM GENERAL FUND (#101), $163,000 FROM LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220), $26,000 FROM LOSS RECOVERY FUND (#227), $40,000 FROM HUMAN RIGHTS GRANTS FUND (#258), $30,000 FROM POLICE BLOCK GRANTS (#280), AND $60,000 FROM POLICE DRUG ENFORCEMENT FUND (#299), STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2012 operating and capital budgets in 2011 (Ordinance#10124-11, passed 10110111) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2012 and set apart within the following designated fiends for expenditures as follows: Fund Amount General Fund (#101) $ 128,134 Law Enforcement Cont. Education Fund (9220) 163,000 Loss Recovery Fund (#227) 26,000 Human Rights Grants Fund (#258) 40,000 Police Block Grants Fund (#280) 30,000 Police Drug Enforcement Fund (#299) 60,000 TOTAL 447 134 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Member of the Common Council Attest: City Clerk J r vv}}99 sa Presented by nee to the Mayor of the City of South Bend, Indiana, on the day of , 2012, at o'clock in. Deputy City Clerk Approved and signed by one on the day of , 2012, at o'clock in. Mayor, City of South Bend, Indiana PUBLIC HEARING w 3 rd READING 'p. . 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'i E ,o o a'a n o po:o o 'E E E, E , m m n m- n m min,m'm m'"m'..� m o € :m ,x aZ - E - �o- m'' m Lu 'w W.w:W'W'w-w.w'W W ¢ a: - �bw 'O p.QiO;Q'C1 t_1.00❑ um. ;o V 9 m 'p.m.m p 2 p.2"> 'W W m o 'q:v;ona�'aa : o c c-c'c 4i.L�LL LL:LL tt It'lL,t?I I o' m ,m iv°- '.o. ;LL Y c - r c•r .c.c A W W LLL al "2. c c c.c:❑. = c :m W Wm mm- r E E;EIE:E EEEE E3 � N >'❑ > > �. c- °1: 1. 120ON COUNTY-CH) Bull-DING P)TONE 174.235.9216 227W JFJIT:RsONBivi). U Soum BIND,INDIANA 46601-1830 FAX 574�235.9928 L I&65 CITY OF SOUTH BEND PETE BUTTJGIEG,MAYOR DEPARTMENT of ADMINISTRATION AND FINANCE August 22, 2012 Mr. Derek D. Dieter, President City of South Bend Con-u-non Council 227 W. Jefferson Boulevard, 4"' Floor South Bend, Indiana 46601 RE: 2012 Mid-Year Budget Transfers and Additional Appropriation Ordinances Dear President Dieter, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget., and propose necessary adjustments, during the middle of the year and at year end. Based on our niid-year review, we are submitting three bills for consideration by the South Bend Common Council: * Budget Transfer Ordinance Between Various Departinents and Cost Categories * Additional Appropriation OrdinallCe.— CiVll City Funds - $447,134 ® Additional Appropriation Ordinance— Enterprise Funds - $490,400 1 will present these bills to the Common Council at the appropriate committee and council meetings. It is requested that these bills be filed for I"reading on August 27, 2012 with 2"d reading, public hearing and 3'd reading scheduled for September 10, 2012. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-7500. Filed in Regards, AUG 2 Mark W. Neal C'� City Controller CC: !Mete Buttigieg Mayor Mike Schalluhl. Chief of,Staff Kathryia Roos. Deputy Chief of Staff Aladean DeRose, Interim City Attorney ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2012 OF $490,400 FROM WATER WORKS DEPRECIATION FUND (#622). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2012 operating and capital budgets in 2011 (Ordinance#10125-11,passed 10/10/11), which included expenditures for various City enterprise operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2012 and set apart within the following designated funds for operational expenses as follows: Fund Amount Water Works Depreciation Fund (622) $490,400 TOTAL 490 400 Section IL This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Member of the Common Coun i Attest: ; 4deq&n w h».:e 1Pa1!v."I us..,.V f". ,�.5,:...s� ,•YY 4a 1�b'3s;€n�,tv 35.35 i; ::,, City Clerk councii a Vey cm ra Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2012, at o'clock_ . m. Deputy City Clerk Approved and signed by me on the clay of , 2012, at o'clock ire. Mayor, City of South. Bend, Indiana ist READING L7—f Z P 2 2 �. .; . PUBLIC, HEARfNG 3 rd READING NOT APPROWD REFERRED PASSED) p a Z. Q C y 1,2 E O N a m LL a y C U p w d N = LL d x s m a�i w cc i=°J `V ° N N E E m w L- U OU �A N OEL O N.C@ N n a(X O fl w a>i IQ tl Fr E �aom;a n E 00, 16 E2 m C. O°O Cc U ° mis -E nci c - :� p 2 Z C O E:Vw.,d d m. @ N' _ 7.7- :p u1 U-� .� C M'.` 'R p.. Ho p, `momoE.o'c, occ =m''n°i -6 w 'to :o.o: F.o 'CJ, c m 'o m.�. .o.wq .Rio Z d a Eu @ a °In: > .p'C -m =v. �_ "m �,� S'. > UJ c Z 0 a. 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LL. a. c:c:C c:c c c`c.c. m '.fl :�. ❑. :� o m m m.m.mc6 m mm m- LE3 i13 '9� �w w E'EE.E E. a c 0 .y N C O w c 7 � � ro � Q � o; o o'o o•0 0 0.0 � '` w N 00 �� m N cn N cr r�•v a OM'+ _ O c ma o Q � U v o o f V G � LL U P cti lQ l� m t[[t��pp ro d d 7.a _ 0 - - - Flied in y . FA U m a 'm -,, 7 2 r a N S, 1200T\1 COUNTY-C I TY BMIDING -,4 Piiom-', 574.235.9216 _FRSON BiND. 227 W, J1:11 U PEA k' FAN 574.235.992S Souiji BEND.INDIANA 466(H-18-if) 1865 CPT YOF Soui'ii BEND PETE BuTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 22, 2012 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4"' Floor South Bend, Indiana 46601 RE: 2012 Mid-Year Budget Transfers and Additional Appropriation Ordinances Dear President Dieter, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget, and propose necessary adjustments, during the middle of the year and at year end. Based on our mid-year review, we are submitting three bills for consideration by the South Bend Con-in-ion Council: * Budget Transfer Ordinance Between Various Departments and Cost Categories ® Additional Appropriation Ordinance—Civil City Funds - S447,1'14 * Ad.ditional Al,)pi,oprialidn..Ordiiiaii.ce:7- Enterprise.Funds:.�.S490,4.00 I will present these bills to the Common Council at the appropriate committee and council meetings. It is requested that these bills be filed for I" reading on August 27. 2012 with 2nd reading, public hearing and 3"d reading scheduled for September 10, 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, Ffledp'n Office Of" AUG 222012 T �Mark W. Neal City Controller CITY CLERk, IN CC: fete Buttigieg Mayor Mike Sc;hnlul 1. Chief of Staff Kathryn Roos, DepUiy Chief of Staff Aladean ®eRose, Interim City Attorney JOHN W. BYORNI EXECUTIVE DIRECTOR AW LARRY MAGLIaZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227VJ JEFFERSON BLVD, ROOM I €40 COUNTY-CITY BLDG_ SOUTH BEND,INDIANA 4660E (574)235-9571 August 22,2012 The Honorable Council of the City of South Bend } 4th Floor, County-City Building L South Bend, IN 46601 RE: A proposed ordinance of Diocese of Fort Wayne-South Bend, Inc, to zone from SF2 Single Family and Two Family District to U University District, property located at 1441 N Michigan Street and west of 1441 N. Michigan Street, City of South Bend- APC# 2641-12 Dear Council Members: I hereby Certify that the above referenced ordinance of Diocese of Fort Wayne-South Bend, Inc was legally advertised on Thursday, August 9, 2012 and that the Area Plan Commission at its public hearing on Tuesday, August 21, 2012 took the following action: Upon a motion by John McNamara, being seconded by Daniel Brewer and unanimously carried, the proposed ordinance of Diocese of Fort Wayne-South Bend, Inc. to zone from SF2 ,Single Family and Two Family District to U University District, property located at 1441 N Michigan Street and west of 1441 N. Michigan Street, City of South Bend is sent to the Common Council with a favorable recommendation. The rezoning will allow the continued use this site for educational- related uses, with no additional impact to the area. 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 a part of this report. Sincerely, OK hn W. ByornT JWB:jsp Attachment CC: Diocese of Fort Wayne-South Bend, Inc University of Notre Dame du Lac Richard Deahl SERVING:ST.JOSEPH COUNTY,SOUTH BEND„LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA& ROSELAND www.sLjosephcraunCyindian:.comlAreaplan Staff Report APC# 2641-12 Owner: Diocese of Fort Wayne-South Bend,Inc Location: 1441 N Michigan Street and west of 1441 N.Michigan Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF2 Single Family and Two Family District to U University District to allow uses associated with a college or university,and parking. Land Uses and Zoning: On site: On site is the former St. Joseph High School buildings, part of an existing parking lot and a portion of the athletic fields. North: To the north is the Holy Cross College campus zoned U University in the County. Bast: To the east, across SR 933, is the Notre Dame golf course zoned U University in the County. South: To the south are a couple of office buildings zoned OB Office Buffer District and single family homes zoned SF'2 Single Family and Two Family District in the City. West: To the west is additional parking, and athletic fields, pending rezoning to U University. District uses and development standards: The U: University District is established to promote the development, expansion and modernization of a major college or university campus, in which a diversity of uses, functions and facilities is necessary to best perform the functions of a college or university and to permit appropriate uses necessary to facilitate the highest Ievel of education. The U District may also provide for a wide range of commercial type uses which are accessory to or typically associated with a college or university campus (e.g., bookstore, hotel, food sales and service, school supplies,personal services,convenience stores and the like)and located on the campus. Site plan description: The parcel with the buildings is 5.73 acres. The school building is approximately 50,000 square feet,covering 20%of the site. There are 1 I 1 parking spaces on the parcel with the building. The parcel to the west of the access strip is 2.68 acres. It contains approximately 88 parking spaces and a portion of the softball field. Zoning and land use history& trends: The immediate area around the intersection of Michigan and Angela has been stable over the past several decades. In 1966 the southwest corner of Michigan and Angela was rezoned to CI for a bank. More recently in 2002, the western half was rezoned to OB for a dentist office. The property between Ostego and the abandoned railroad right-of-way was rezoned to OB in 1998 for a professional office after almost 30 years of being zoned for a doctor's office. Traffic and transportation considerations: SR 933 is a four lane State road with turning lanes at Angela. Angela is a two lane street with left and right turning lanes. Utilities: The site is served by municipal water and sewer. Diocese of Fort Wayne-South Bend, Inc ##2641-12 Page I of 1 Additional information: (Agency comments) The City Engineer has no comments. The Building Commissioner requires that a Special Exception for off site parking be filed with the Board of Zoning Appeals. Staff Comments: This petition is part of a four-petition effort to convert the former St. Joseph High School to university-related uses. Commitments: No commitments are proposed. S Criteria(per IC 36-7-4-603): 1. Comprehensive Playa: Policy Plan: City Plan, South Bend Comprehensive Plan(November 2006) Objective E5:Coordinate the planning and development of educational facilities. Policy E5.4: Encourage the preservation and rehabilitation of older school structures when considering future growth. Comprehensive Plan for South Bend and St. Joseph Count,indiana April 2002) Goal 3: Objective C: Policy is Medium or high-density multifamily housing, or other facilities with intense activity (such as churches, schools, and commercial sites) should be located along arterials with access to the arterial street(preferable)or to a collector street. Land Use Plan: City Plan identifies this area as institutional. The County's future land use map mattes no specific recommendation for this property. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current conditions and character: This site has been used for educational purposes since the 1950's. The area north of Angela is used for university-related uses. The south side of Angela is almost exclusively residential, with the exception of a few businesses at the southwest corner of Angela and Michigan Street. 3. Most desirable use: The most desirable use is to maintain the institutional use and character of the site. 4. Conservation of property values: Since the improvements are existing,the rezoning should not affect neighboring properties. 5. Responsible development and growth: It is responsible development and growth to allow the adaptive reuse of this site. Recommendation: Based on information available prior to the public hearing the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: The rezoning will allow the continued use this site for educational-related uses,with no additional impact to the area. Diocese of Fort Wayne-South Bend, Inc 42641-12 Page 2 of 2 SOUTH BEND MF u ry u E � 26 #1-12 264• - �2 SF2 Ra SF2 SF2 III { MF1 9 , ail i �i�K � OB SF Angela SF2 OB ALBa'. SF2 SF C ' e 5F2 SF2 � P©ka 9 � 85=11� � SF2 an ') UT BEND s 2 :�, SF2 2607'.11� Fz Potcag on r SF2 �1 oste o L SF2 C, vj SF2 2 M / IU 'a Peashw � SF2 Cr SF2 i- �y a Peashway SF2 01 SF2 Rezoning from: "R" SINGLE FAMILY DISTRICT & "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "U" UNIVERSITY DISTRICT(COUNTY) & "U" UNIVERSITY DISTRICT (CITY OF SB) ZONING CLASSIFICATION pCOUNTY'P,'SINGLE FAMILY DISTRIvT APC 2639-12! 2640-12 C:�COUNTY'U'UNIVERSITYDtSTP.ICt �{ � � ddb S OUTHBENU'+F2'SINGLE FAMILYAND TWO FAMILY DrTP,Y'T 2641-12y! dft SOUTHB END'61F1'UP AN COP:P,IDOR MULTIFAMILY DISTRICT 1 inch 300 feet CM 90UTHB END'IIF2'HGH-DENSITY MULTIFAMILY DIDTP,PT �f vv y �E SOUTHBEND'OB'OFFY'E8UFFEP DISTPIC.T a' SOUTH BEND*LB"LOCAL BUSINESS D ISTR ICT s 3 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1441 N. MICHIGAN STREET AND WEST OF 1441 N. MICHIGAN STREET, COUNCILMANIC DISTRICT No. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT WHEREAS, the DIOCESE OF FORT WAYNE-SOUTH BEND, INC., an Indiana non-profit corporation (the "Diocese"), owns certain parcels of real estate located within the City of South Bend, including (a) a 5.62 acre parcel of land (together with improvements) located on the Northwest corner of State Route 933 and Angela Boulevard in South Bend, which has served as the primary site of Saint Joseph's High School (the "High School") since 1953 (the "School Site"), and (b) approximately 14 acres of land located West of the High School, of which approximately 2.7 acres (the "Parking and Field Area within the City") are located within the corporate limits of the City of South Bend. WHEREAS, the School Site and Parking and Field Area within the City (together, the "Subject Property") are currently zoned in the SF-2: Single Family and Two Family District and have been used as the site of the High School as permitted in the SF-2 zoning district. WHEREAS, in connection with completing construction of a new high school building and grounds for the relocation of the High School in the City of South Bend, the Diocese is transferring (a) the School Site to University of Notre Dame du Lac, an Indiana non-profit corporation ("Notre Dame"), and (b) the Parking and Field Area within the City to Holy Cross College, Inc., an Indiana non-profit corporation ("Holy Cross"). WHEREAS, the owner and contingent purchaers of the Subject Property desire that the Subject Property be rezoned to the "U" University zoning district which supports the development, expansion and modernization of college or university campuses, in which a diversity of uses, functions and facilities are necessary. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana., be and the same hereby is amended in order that the zoning classification of each of the following described parcels of real estate in the City of South Bend, St. Joseph County, State of Indiana: Parcel I (School Site): THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A 518" CAPPED REBAR SET ON THE NORTH LINE OF ANGELA BOULEVARD WHICH IS N. 89 041'49" E., 592.13 FT. FROM A POINT ON SAID NORTH LINE WHICH IS N. 68 052'17" E., 147.42 FT. FROM A POINT ON THE SOUTH LINE OF SECTION 36 WHICH IS N. 89°41'49" E., 28.06 FT. FROM THE SOUTHWEST CORNER OF SECTION 36; THENCE ALONG THE NORTH LINE OF ANGELA BOULEVARD N. 89 041'49" E., 292.36 FT. TO A 518" CAPPED REBAR SET ON THE WEST LINE OF MICHIGAN STREET(U.S. #31); THENCE ALONG SAID WEST LINE AND A 2950.53 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 652.18 FT. TO THE END OF A CHORD WHICH BEARS N. 11 003'53" E. AND HAVING A DISTANCE OF 650.83 FT. TO A FOUND 3/4" IRON PIPE; THENCE S. 89 041'49" W,, 478.43 FT. TO A FOUND 3/4" IRON PIPE; THENCE AROUND A 3274.04 FT RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 641.70 FT. TO THE END OF A CHORD WHICH BEARS S. 05°28'41" E. AND HAVING A DISTANCE OF 640.67 FT. TO THE POINT OF BEGINNING. CONTAINING 5.62 ACRES. Parcel II Parkin and Field Area within the City): THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36 AND PART OF THE SOUTHEAST QUARTER OF SECTION 35, T 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 36; THENCE ALONG THE SOUTH LINE OF SAID SECTION N. 89 041'49" E., 28.06 FT. TO A 5/8" CAPPED REBAR SET ON THE NORTH RIGHT-OF-WAY LINE OF ANGELA BOULEVARD; THENCE ALONG SAID NORTH LINE AND AROUND 217.34 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 150.41 FT. TO THE END OF A CHORD WHICH BEARS N. 69°52'17" E. AND HAVING A DISTANCE OF 147.42 FT.; THENCE N. 89°41'49" E. 499.59 FT.; THENCE N. 00°46'26" W. 638.08 FT.; THENCE S. 89°41'49" W.; 1093.92 FT.; THENCE S. 00°46'26" E., 215.00 FT.; THENCE S. 49 055'49" E., 313.51 FT.; THENCE N. 89°41'49" E., 115.00 FT.; THENCE S. 00 046'26" E., 270.00 FT. TO THE SOUTH LINE OF SECTION 35; THENCE ALONG SAID SOUTH LINE N. 89 041'49" E., 75.00 FT. TO THE POINT OF BEGINNING; EXCLUDING THAT PORTION OF THE ABOVE REFERENCED PROPERTY LOCATED OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF SOUTH BEND. be and the same is hereby established as "U" University District. SECTION IT. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of September, 2012, at o'clock—.m. City Clerk Approved and signed by me on the day of September, 2012, at o'clock .m. Mayor of the City of South Bend, Indiana z3- Z Filed in CV rR_= t sf READING � _ � � .• s_ € PUELIC HEARING � 3 rd READII.,,iG NOT MPROVED RE?=ERRE® k PETITION TO REZONE Ci ty of South Bend Indiana I (we) the undersigned make application to the Common Council of the City of South Bend, to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 1441 N. Michigan Street and West of 1441 N. Michigan Street, South Bend, Indiana (Address(es) - if none, give the general location with the nearest intersection) Northwest corner of State Route 933 and Angela Boulevard in South Bend 2) The property Tax Key Number(s) is/are: Parcel I (School Site): 018-5125-443601 Parcel II (Parking and Field Area within the City): 018.5125-4436 3) Name and address of property owner(s) of the petition site: Name: Diocese of Fort Wayne-South Bend, Inc. c/o Saint Jospeh High School Address: 1441 N, Michigan Street South Bend, Indiana 46617 Attention: Susan Richter, Principal (574) 233-6137 4) Name and address of contingent purchaser(s), if applicable: Name: University of Notre Dame du Lac Address: Office of General Counsel 203 Main Building Notre Dame, Indiana 46556 Attn: Ms. Lois Jackson (574) 631-6411 Name: Holy Cross College, Inc. Address: 146 Vincent Building Notre Dame, Indiana 46556 Attn: Daniel Haverty, Vice President of Operations (574) 239-8354 5) It is desired and requested that this property be rezoned From: SF-2 Single Family and Two Family District To: U University District 6) This rezoning is requested to allow the following use(s): To provide flexilibty to (a) support the development, expansion and modernization of college or university campuses, in which a diversity of uses, functions and facilities are necessary, and (b) permit the use of the former Saint Joseph High School building as flexible administrative and other offices and laboratory and research uses, as well as permit the use of the existing paved parking areas located West of the building, as parking to serve the building as well as athletic fields and vacant property as contemplated by Holy Cross and Notre Dame. 7) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property, (b) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. In addition to the information above, Petitioner has provided a survey of the property subject to this Petition, together with arial maps highlighting the subject areas for convenience. Signature(s) of All Property owners, or signature of Attorney for all property owner(s): Cam.. PETITION PREPARED BY: Richard J. DeahI Barnes & Thornburg LLP 100 North Michigan Street, Suite 600 South Bend, IN 46601 (574) 237-1°1*3 i l-`V) rdeahl @btlaw.corn CONTACT PERSON (SAME) JOHN W. BYC>RNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 f 4G COUNTY-CITY BLDG, SOUTH BEND,INDIANA 46601 (S 7-4) 2,35-957[ August 22,2012 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Brothers of Holy Cross, Inc. to zone from SF2 Single Family and Two Family District to U University District, property located west of and adjacent to 1441 N Michigan Street, City of South Bend -APC# 2642-12 Dear Council Members: I hereby Certify that the above referenced ordinance of Brothers of Holy Cross, Inc. was legally advertised on Thursday,August 9, 2012 and that the Area Plan Commission at its public hearing on Tuesday, August 21, 2012 took the following action: Upon a motion by John McNamara, being seconded by Karl King and unanimously carried, the proposed ordinance of Brothers of Holy Cross, Inc. to zone from SF2 Single Family and Two Family District to U University District, property located west of and adjacent to 1441 N Michigan Street, City of South Bend is sent to the Common Council with a favorable recommendation. The rezoning will allow the continued use this site for educational-related uses, with no additional impact to the area. 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 a part of this report. Sincerely, hn W. Byorn JWB jsp Attachment CC: Brothers of Holy Cross, Inc. Richard A Nussbaum SERVING;ST JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA& ROSELAND www.stjoseph cnuntyin di3 na.com/Areaplart Staff Re ort APC# 2642-12 Owner: Brothers of Holy Cross, Inc. Location: West of and adjacent to 1441 N Michigan Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF2 Single Family and Two Family District to U University District to allow access and parking for contiguous parcels. Land Uses and Zoning: On site: On site is a portion of a parking lot. North: To the north is a continuation of the parking lot. It is currently zoned R Single Family District,pending rezoning to U University District. East: To the east is the former St. Joseph High School building zoned SF2 Single Family and Two Family District,pending rezoning to U University District. South: To the south are a couple of office buildings zoned OB Office Buffer District and single family homes zoned SF2 Single Family and Two Family District. West: To the west is additional parking and a portion of the athletic fields zoned SF2 Single Family and Two Family District, pending rezoning to U University District. District uses and development standards: The U: University District is established to promote the development, expansion and modernization of a major college or university campus, in which a diversity of uses, functions and facilities is necessary to best perform the functions of a college or university and to permit appropriate uses necessary to facilitate the highest level of education, The U District may also provide for a wide range of commercial type uses which are accessory to or typically associated with a college or university campus (e.g., bookstore, hotel, food sales and service, school supplies,personal services,convenience stores and the like)and located on the campus. Site plan description: This parcel is approximately 0.25 acres. It contains approximately 22 parking spaces. Zoning and land use history&trends: The immediate area around the intersection of Michigan and Angela has been stable over the past several decades. In 1966 the southwest corner of Michigan and Angela was rezoned to C1 for a bank, More recently in 2002, the western half was rezoned to OB for a dentist office. The property between Ostego and the abandoned railroad right-of-way was rezoned to OB in 1998 for a professional office after almost 30 years of being zoned for a doctor's office. Traffic and transportation considerations: SR 933 is a four lane State road with turning lanes at Angela. Angela is a two lane street with left and right turning lanes. Utilities: The site is served by municipal water and sewer. Additional information: (Agency comments) The City Engineer has no comments. The Building Commissioner requires that a Special Exception for off site parking be filed with the Board of Zoning Appeals. Brothers of Holy Cross, Inc. ##2642-12 Page 1 of 1 Staff Comments: This petition is part of a four-petition effort to convert the former St. Joseph High School to university-related uses. Commitments: No commitments are proposed. 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: Cfty Plan, South Bend Comprehensive Plan(November 2006 Objective E5:Coordinate the planning and development of educational facilities. Policy E5.4: Encourage the preservation and rehabilitation of older school structures when considering future growth. Comprehensive Plan for South Bend and St.Joseph Coun- ,Indiana(April 2002) Goal 3: Objective C: Policy is Medium or high-density multifamily housing, or other facilities with intense activity (such as churches, schools, and commercial sites) should be located along arterials with access to the arterial street(preferable)or to a collector street. Land Use Plan: City Plan identifies this area as institutional. The County's future land use plan makes no specific recommendation for this property. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current conditions and character: This site has been used for educational purposes since the 1950'x. The area north of Angela is used for university-related uses. The south side of Angela is almost exclusively residential, with the exception of a few businesses at the southwest corner of Angela and Michigan Street. 3. Most desirable use: The most desirable use is to maintain the institutional use character of the site. 4. Conservation of property values: Since the improvements are existing,the rezoning should not affect neighboring properties. 5. Responsible development and growth: It is responsible development and growth to allow the adaptive reuse of this site. Recommendation: Based on information available prior to the public hearing the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: The rezoning will allow the continued use this site for educational-related uses, with no additional impact to the area. Brothers of Holy Cross, Inc. #2642-12 Page 2 of 2 50EJTN BEND ZZ F u u 4 File a � a 3 1 R 40- .9 X641-1 - ' ' Y- ". SF2 SF2 SF2 � �I MF1 � OB OS ✓fir; F2 SF AflgLla Sf2 s s C O SF2 Pukagon 85- ?t ►Oka�P^"• SF2 UL v Sf}UTH BEND SF ++n SF2 -- r F2 Polcagnn F2 p� OStamo i SF2 MEN& SF2 Q � F2 SF2 SF2 MF1 01 �C Pea5hvle SF2 3 Cr SF2 i ,° ��► ' F a PeaShva ay SF2 SF2 Rezoning from: "R"" SINGLE FAMILY DISTRICT & "'SF2"" SINGLE FAMILY & TWO FAMILY DISTRICT to "U" UNIIVERSITY DISTRICT(COUNTY) & "U" UNIVERSITY DISTRICT (CITY OF SB) ZO"IUG CLASSIFiCATIOH GOUNTY'P'SINGLE FAMILY DISTPIC-T AP 2639-129 2640_12 CDCQUNTY'U'UN tu'EPSRY DISTRICT 2641-12,, ��_� oft 9]UTH SEND'SF2'SINGLE FAMILYPND TVQC FAMILY DDTP.F T 93UTH SEND'Iff1' UPSANCCPRIDOP.fAULTIFAfbLYDISTPXT � `F y�� f�� A Sf]UTH BEND'I,1F2'HIGH-DENSITY MULTIFAMILY DI;TPC'T inch {J ar S S C>S6 UTH B END'4B'QF FYI E B UFFER DISTPY'T µA rv`_j SOUTH B END'L$'LOCAL BUSINESS DISTRICT S ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE RIGHT-OF-WAY WEST OF AND ADJACENT TO 1441 NORTH MICHIGAN STREET, COUNCILMANIC DISTRICT No. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT WHEREAS, BROTHERS OF HOLY CROSS, INC., an Indiana non-profit corporation ("BHC") owns a strip of property (the "Strip") generally extending north-south, situated directly between and abutting property owned by the Diocese of Fort Wayne-South Bend, Inc. (the "Diocese") located (a) to the East of the Strip consisting of a 5.62 acre parcel of land (together with improvements) located on the Northwest corner of State Route 933 and Angela Boulevard in South Bend, which has served as the primary site of Saint Joseph's High School (the "School Site"), and (b) located to the West of the Strip consisting of approximately 14 acres of land, historically used as athletic fields and parking areas in connection with the School Site ("Parking and Fields"). WHERAS, the portion of the Strip located with the corporate limits of the City of South Bend (the "Subject Property") as well as the remainder of the Strip has historically been used, subject to terms of an easement agreement, for ingress/egress and for parking serving the School Site, Parking and Fields and property owned by BHC to the north of the Strip. WHEREAS, the Subject Property is currently zoned in the SF-2: Single Family and Two Family District. WHEREAS, in connection with completing construction of a new high school building and grounds for the relocation of the Saint Joseph High School in the City of South Bend, the Diocese is transferring (a) the School Site to University of Notre Dame du Lac, an Indiana non- profit corporation ("Notre Dame"), and (b) the Parking and Fields to Holy Cross College, Inc., an Indiana non-profit corporation ("Holy Cross"). WHEREAS, BHC, as owner the Subject Property desires that the Subject Property be rezoned to the "U" University zoning district which supports the development, expansion and modernization of college or university campuses, in which a diversity of uses, functions and facilities are necessary, including permitting the Subject Property to continue to be used for ingress/egress and parking purposes in an integrated manner serving all contiguous parcels. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described parcels of real estate in the City of South Bend, St. Joseph County, State of Indiana: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A 5/8" CAPPED REBAR SET ON THE NORTH LINE OF ANGELA BOULEVARD WHICH IS N. 89°41'49" E., 539.59. FT. FROM A POINT ON SAID NORTH LINE WHICH IS N. 69°52'17" E., 147.42 FT. FROM A POINT ON THE SOUTH LINE OF SECTION 36 WHICH IS N. 89°4149" E., 28.06 FT. FROM THE SOUTHWEST CORNER OF SAID SECTION; THENCE ALONG THE NORTH LINE OF ANGELA BOULEVARD N. 89 041'49" E., 52.54 FT.; THENCE AROUND A 3274.04 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 641.70 FT. TO THE END OF A CHORD WHICH BEARS N. 05 028'41" W. AND HAVING A DISTANCE OF 640.67 FT TO A FOUND 314" IRON PIPE; THENCE S. 00°46'26" E. 638.08 FT TO THE POINT OF BEGINNING (CONTAINING 0.23 ACRES), TOGETHER WITH A FORTY (40) FOOT WIDE PARCEL OF GROUND, BEING THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT A POINT OF THE NORTH LINE OF ANGELA BLVD. NORTH 89 041'49" EAST 28.06 FEET AND NORTH 69 052'17" EAST 147.42 FEET AND NORTH 89 041'49" EAST 499.59 FEET FROM THE SOUTHWEST CORNER OF SECTION 36; THENCE NORTH 00 046'26" EAST 638.08 FEET; THENCE NORTH 89°41'49" EAST 40.00 FEET; THENCE SOUTH 00°46'26" WEST 638.08 FEET TO THE NORTH LINE OF ANGELA BLVD; THENCE SOUTH 89°41'49" WEST ALONG SAID NORTH LINE 40.00 FEET TO THE POINT OF BEGINNING (CONTAINING .59 ACRES); EXCLUDING THAT PORTION OF THE ABOVE REFERENCED PROPERTY LOCATED OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF SOUTH BEND. be and the same is hereby established as "U" University District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of September, 2012, at o'clock .m. City Clerk Approved and signed by me on the day of September, 2012, at o'clock m. Mayor of the City of South Bend, Indiana Filea g ° µ. sE BEADING Z-3�� PUBLIC HE:�RNG 8 FYCLC, ? EAEs GP Off° $t f PROVO HE PE€7 PASSED PETITION TO REZONE City_of S_oath Bend, .Indiana I (we) the undersigned male application to the Common Council of the City of South Bend, to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: West of and Adjacent to 1441 N. Michigan Street, South Bend, Indiana (Address(es) - if none, give the general location with the nearest intersection) 2) The property Tax Key Number(s) is/arc: Parcel Key No.: 018-5125-443602 3) Name and address of property owner(s) of the petition site: Name: Brothers of Holy Cross, Inc. Address: 54515 State Road 933 Notre Dame, Indiana 46556 Attention: Brother Chester Free], Provincial 4) Name and address of contingent purchaser(s), if applicable: NONE Name: NIA Address: 5) It is desired and requested that this property be rezoned From: SF-2 Single Family and Two Family District To: U University District 6) This rezoning is requested to allow the following use(s): To serve as access and parking in support of the use, development, expansion and modernization of college or university campuses, including permitting the continued use of the Subject Property for ingress/egress and parking purposes in an integrated manner serving all contiguous parcels. Filed h : t r'e JOHN w qty;, CITY CLERK,Wvrvt 7) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property, (b) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. In addition to the information above, Petitioner has provided an arial maps highlighting the subject area for convenience. Signature(s) of All Property owners, or signature of Attorney for all property owner(s): Printed: Brother Chester Freel C.S.C. Title: Provincial PETITION PREPARED BY: Richard A.Nussbaum Sopko,Nussbaum, Inabnit& Kaczmarek 210 South Michigan Street 5th Floor, Plaza Building South Bend, IN 46601 (574) 234-3000 dickn @sii-law.com CONTACT PERSON (SAME) JOHN W. BYORNI EXECUTIVE DIRECTOR AW LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.)EFFERSON BLVD. ROOM 1 140 COUNTY--C(TY BLDG. SOUTH BEND.INDIANA 46601 (574) 235-9571 August 22,2012 The Honorable Council of the City of South Bend 6M P13 - 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Eric Ford to zone from MF1 Urban Corridor Multifamily District to S1~2 Single Family and Two Family District, property located at 709& 711 Lincoln Way East,City of South Bend -APC#2643-12 Dear Council Members: 1 hereby Certify that the above referenced ordinance of Eric Ford was legally advertised on Thursday, August 9, 2012 and that the Area Plan Commission at its public hearing on Tuesday, August 21,2012 took the following action: Upon a motion by John McNamara, being seconded by Robert Hawley and unanimously carried, the proposed ordinance of Eric Ford to zone from MF I Urban Corridor Multifamily District to SF2 Single Family and Two Family District, property located at 709 & 711 Lincoln Way East, City of South Bend is sent to the Common Council with a favorable recommendation. The conversion of this property from multifamily to single family is compatible with the goals of City Plan and the Edgewater Place Local Historic District. 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, 9 (/� hn W. By m JWB:jsp Attachment Eric Ford SERVING:ST.JOSEPH COUNTY,SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND Ww .stjosephcountyindiana.cone/AreapIan Staff Report APC# 2643-12 Owner: Eric Ford Location: 709&711 Lincoln Way East Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MF1 Urban Corridor Multifamily District to SF2 Single Family and Two Family District to allow a single family home. Land Uses and Zoning: On site: On site is a two story, brick building. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east is a vacant lot zoned MF 1 Urban Corridor Multifamily District and a house zoned MU Mixed Use. South: To the south,across Lincolnway, is a gas station,zoned CB Community Business District. West: To the west are several vacant homes, zoned MFl Urban Corridor Multifamily District. Distract uses and development standards: The SF2 Single Family Residential District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. Site plan description: No site plan is required when rezoning to a single family district. Zoning and land use history&trends: Prior to 2004, this block of Lincolnway was zoned C Commercial, with the exception of the property directly to the west being zoned B Residential(Multifamily). Traffic and transportation considerations: Lincolnway East has four lanes. The property also has access from an alley to the north. Utilities: The site will be serviced by municipal water and sewer. Additional information: (Agency comments) The City Engineer had no comments. Staff Comments: The property is located in the Edgewater Place Local Historic District. The Historic Preservation Commission issued a Certificate of Appropriateness for the removal of a back stair structure and replace it with a single story wood pergola, landscaping,and minor masonry repairs. Commitments: No commitments are proposed. Eric Ford #2643-12 Page 1 of 1 5 Criteria(per IC 36-7-4-603): I. Comprehensive Plan: Policy Plan: City Plan,South Send Comprehensive Plan(November 20061 Objective 112:Maintain South Bend's housing stock in good condition. Policy H2.1 Provide incentives to renovate and repair older and historic homes. Land Use Plan: The future land use map identifies property on Lincolnway as multi-family and mixed use, and the properties on River and Edgewater Streets as single family. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current conditions and character: Along Lincolnway East is a mix of houses and businesses. Some of the structures are in poor condition. 3. Most desirable use: The most desirable use is one that is compatible with the mix of uses located in the area. 4. Conservation of property values: The rehabilitation of this property may have a positive effect on neighboring property values. 5. Responsible development and growth: It is responsible development and growth to encourage the rehabilitation of a currently vacant building that is compatible with the character of the area. Recommendation: Based on information available prior to the public hearing the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: The conversion of this property from multifamily to single family is compatible with the goals of City Plan,and the Edgewater Place Local Historic District. Eric Ford #2643-12 Page 2 of 2 III i �+ $ x s. MF1 SF2 AAF.9 South I U SF2 SF2 SF2 a C U' SF2 c t� GS SF2 SF2 ( � 8 SF2 Fg Rezoning from: "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT to "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT N ZONING CLASSIFICATION WV 4f .� �E SOUTH SEND"SF2"SINGLE FAMILY AND TWO FAMILY DISTRICT - SOUTH BEND'MI'll"URBAN CORRIDOR MULTIFAMILY DISTRICT S OP SOUTH BEND'MU"MIKED USEDISTRICT +�f� { SOUTH BEND"L8"LOCALBUSINESS DISTRICT 1 inch """ 100 feel} r 1 SOUTH BEND"CB"COMMUNITY BUSINESS DISTRICT �� j r f��P _� SOUTH BEND"GB"GENERALBUSINESS DISTRICT ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT (709/711 Lincoln Way East, South Bend), COUNCILMANIC DISTRICT (District 2) IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Property is currently zoned MFI, and I would like to rezone to SF2, Single Family Residential, for single family purposes. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: (Lot 66 and Lot "C", Edgwater Place Addition) be and the same is hereby established as (SF2, 1 and 2 family district) SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20 , & o'clock M. CIS Clerk Approved and signed by me on the day of 20 , k---___o'clock .m. Mayor of the Ci of South Bend, maa Flied � » 2/ . jt4uq zz� Ia READING ) -y3yt PUBLIC HEARtNG 3 r F&2xG NOT oVE D REFERRED PASSED PETITION TO REZONE City of South-Bend-Indiana I(we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: (7091711 Lincoln Way East, South Bend,Indiana) 2) The property Tax Key Number(s)is/are: (18-3039-1525) (Key#2) (Key#3) 3) Name and address of property owner(s)of the petition site: Eric Ford 25952 Northland Crossing Elkhart,Indiana 46514 (208) 881-2422 ( ) contact @aveoarts.com For additional owners,reprint additional pages with.signatures 4) Name and address of contingent purchaser(s),if applicable: Not Applicable For additional owners,reprint additional pages with.signatures 5) It is desired and requested that this property be rezoned: Filed in Char` s Prom: (MFl urban quarter multi-family district)District To: (SF2 single family and two family district)District jul — 12 6) This rezoning is requested to allow the following use(s). (Single Family) dO K� VOO � 7) Attached,and made a part of this PETITION, is: " (a)a copy of a legal description of the property; (b)a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (c)addressed, stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: Signature(s)of All Property owner(s),or signature of Attorney for all property owner(s): Eric Ford 25952 Northland Crossing Elkhart, IN 46514 (208) 881-2422 contact @aveoart.com CONTACT PERSON: (If different) (Name) (Address) (City), (State) (Zip Code) ((Area Code)) (Phone number) (E-Mail Address)