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HomeMy WebLinkAbout09-10-12 Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, SEPTEMBER 10, 2012 7 : 00 P.M. 1 . INVOCATION - FATHER DAVE PORTERFIELD 2 . PLEDGE TO THE FLAG 3. ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5 . SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 32-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1441 NORTH MICHIGAN STREET AND WEST OF 1441 N. MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 33-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE RIGHT- OF-WAY WEST AND ADJACENT TO 1441 NORTH MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 34-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 709/711 LINCOLN WAY EAST, SOUTH BEND, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 40-12 PUBLIC HEARING 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 2" ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 41-12 PUBLIC HEARING 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 45-12 PUBLIC HEARING 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 PUBLIC HEARING 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 (#280) , AND $60, 000 FROM POLICE DRUG ENFORCEMENT FUND (#299) 47-12 PUBLIC HEARING 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) 8 . BILLS, THIRD READING TIME: BILL NO. 32-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCA'T'ED AT 1441 NORTH MICHIGAN STREET AND WEST OF 1441 N. MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 33-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE RIGHT- OF-WAY WEST AND ADJACENT TO 1441 NORTH MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 34-12 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 709/711 LINCOLN WAY EAST, SOUTH BEND, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 40-12 THIRD 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 2 N ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 41-12 THIRD 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 45-12 THIRD 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 45-12 'THIRD 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 (4258) , $30, 000 FROM POLICE BLOCK GRANTS (#280) , AND $60, 000 FROM POLICE DRUG ENFORCEMENT FUND (#299) 47-12 THIRD 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) 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. 48-12 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 6420 US 31 S . SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT #6 IN THE CITY OF SOUTH BEND, INDIANA 49-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND` PUBLIC TRANSPORTATION CORPORATION' S 2013 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2013 50-12 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 2222 WEST WASHINGTON, COUNCILMANIC DISTRICT TWO (2) IN THE CITY OF SOUTH BEND, INDIANA 51-12 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1243 & 1247 CAMPEAU, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 11 . UNFINISHED BUSINESS 12 . NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRJED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. JOHN W. BYORNI qPAREA EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR PLAN COMMISSION OF ST_ JOSEPH COUNTY, IN 227 W JEFFERSON BI-VD. ROOM 1140 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 46601 (57"4) 235-957€ August 22,2012 i The Honorable Council of the City of South Bend 4th Floor, County-City Building 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,VK Q hn W. Byornl JWBjsp Attachment CC: Diocese of Fort Wayne-South Bend, Inc University of Notre Dame du Lac Richard Deahl SERVING:ST.JC]SEPH COUNTY,SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA& ROSELAND www.stjosephcauntyin d iana.comfAreap Ian 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. East: 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 SF2 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 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: 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 111 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 Cl 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. 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plan: 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 County Indiana(Apn1 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 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'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 comer 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 #2641-12 Page 2 of 2 SOUTH BENCl F U M � r � � a 641-12 2642-1r2 sFz OB SF2 Angipla Fz ut; Fz - SF2 != sFz Paka ern 2686-11 ' �' ..y sFz II 9 oka SOUTH BEN[3 s z Ift sFz 2607-11 sFz Pokargort � sFz n ost81'I'I© L F2 SF2 p, wy SF SF2 SF2 �,� � .3 Peas w sFz Cr SF2 L a Peashway SF2 QI SF Rezoning from: "R" SINGLE FAMILY DISTRICT & "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "U" UNIVERSITY DISTRICT(COUNTY) & '"U" UNIVERSITY DISTRICT (CITY OF SB) ZE71lIIIG CLASINr.LE AMILY AP #1� 2639-9 29 2640°'I 2 COU NTY'P,'SINGL@ FAMILY DiSTR.l�T C:)COUNTY'U'UNfUERuRY DISTRICT 2641-129 2642-12 SOUTH FUND'SFZ'SINGLEFAMILY;?NDT140FAMILY DrTP.rT SOUTH REND 1.1F1'UpBANCORRIDOP,MULTIFAMILY DOTPICT � I��� � 0� ���� N u�UTH BEND'Et F.2.'HIGH-DENSiTY MULTIFA MULTIFAMILY DISTMT wy FE C;;�WUTHBEND'4B'OFF$EBUFFEP, DISTRIC-T ':9j UTH SEND*LS'LOCAL BUSINESS DISTRICT ► s 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 W141CH IS N. 89°41'49" E., 592.13 FT. FROM A POINT ON SAID NORTH LINE WHICH IS N. 68052'17" 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 5/8" 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°03'53" E. AND HAVING A DISTANCE OF 650.83 FT. TO A FOUND 3/4" IRON PIPE; THENCE S. 89°41'49" 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. 05 028'41" E. AND HAVING A DISTANCE OF 640.67 FT. TO THE POINT OF BEGINNING. CONTAINING 5.62 ACRES. Parcel II (Parking 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-O&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. 69 052'17" 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. 89 041'49" W.; 109392 FT.; THENCE S. 00°46'26" E., 215.00 FT.; THENCE S. 49°55'49" E., 313.51 FT.; THENCE N. 89°41'49" E., 115.00 FT.; THENCE S. 00°46'26" 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 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 Filed in Cl e ' t lo REMNG PUDLIC HEARING ' s 3 rd RFADf NG AVQ 0. V I, f NOT APPROVED e REFERRED .� aLN D,IN PETITION TO REZONE 04y o 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 11 (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) 239-8350 Filed in Office AU K1' 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 3 00 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): PETITION PREPARED BY: Richard J. Deahl Barnes & Thornburg LLP 100 North Michigan Street, Suite 600 South Bend, IN 46601 (5 74) 237-11 3 1 V0 rdeahl@btlaw.com CONTACT PERSON (SAME) JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR qARCEAPLAN COMMISSiC)N OF ST. JOSEPH COUNTY, IN 227 VVIEFFERS(DN BLVD. ROOM 1140 COUNTY-CITY BLDG_ SOUTH BEND,INDJANA 466€31 (57.4)235-9571 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, 6 �'o hn W. rn 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 wwrw.stjnseph cou ntxi n d is na.�gnalAf'eap lar3 Staff Report "C# 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 Cl 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 Iane 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 Crass, Inc. #2642-12 Page I 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 36-7-4-643): 1. Comprehensive Plan: 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 County.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'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 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 SOUTH BEND MF u � u u a� 3. . � R 40-12 261-12 W � f i 241-1M2 8� -1? sF Sf2 SF M pB DB SF2 F2 Angela SF2 'x QB - LB � 0 SF2 Pokagon 58 =� fY 3p OICc7f-r..� w SOUTH BE SF2 SF2 " S7Q -- SF2 Pokagon Ostemo r_ SF2 y F2 F2 SF2 F1 SF o 3 SF2 G O a Peashwa SF2 W SF2 Rezoning from; "R" SINGLE FAMILY DISTRICT & "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "U°' UNIVERSITY DISTRICT(COUNTY) & "U" UNIVERSITY DISTRICT (CITY OF SB) zvHIRc �'=="rC17UNTcYL'Pa's.,IsNGiFLiE c, FAPULY DMTPF T AFC # 2639-12, 2640-12 (DCQU NTY'U'UNWEPSfiY DJuTPiCT 2641-129 2��2�� `SOUTH BE-NO'SF2'SINGLE FAUILYAND nVO FAMILY DGTP ICT SOUTH BEND'RfF-I'UPBANCOP.PIDQP MULTIFAIMLY DOTPICT N 1 inch = 300 feet : S]UTHBEND'r1F2'HOD H-DENSITY B'fULTIFAP.TiLYD�TPF�T ,�� .'r E SOUTH BEND'CB'OFFY^.E 0 UFFEP.DWPLICT F =�30 UT H B END'L B'LOCAL B USM ESS D MTRICT 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 518" CAPPED REBAR SET ON THE NORTH LINE OF ANGELA BOULEVARD WHICH IS N. 89 041'49" E., 539.59. FT. FROM A POINT ON SAID NORTH LINE WHICH IS N. 69c52'17" 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 SAID SECTION; THENCE ALONG THE NORTH LINE OF ANGELA BOULEVARD N. 89°4149" 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 3/4" 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 69052'17" EAST 147.42 FEET AND NORTH 89°41'49" 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 00 046'26" 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 AV � . READIN -7 3 -t 2 1 i PU5L;C HEARING d REA D NG 7 . .'6FERRED PASSED PETITION TO REZONE City 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: 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/are: Parcel Key No.: 018-5125-443502 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 Freel, Provincial 4) Name and address of contingent purchaser(s), if applicable: NONE Name: N/A 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. AUG 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 aria] 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 Free] 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 (579) 234-3000 dickn @sni-law.com CONTACT PERSON (SAME) JOHN W. BYORNI EXECUTIVE DIRECTOR AW LARRY MAGLICZZZI DEPUTY DIRECTOR q'AREPAPLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 46601 (574) 235-9.571 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 Eric Ford to zone from MF1 Urban Corridor Multifamily District to SF2 Single Family and Two Family District, property located at 709& 711 Lincoln Way East, City of South Bend -APC#2643-12 Dear Council Members: I 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 l 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 YAAA W hn W. ByoM JWB:jsp Attachment Eric Ford SERVING:ST JOSEPH COUNTY.SOUTH SEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOL..A&ROSELAND www.stjosephcounty[ndiari.q.com/Arenplan Staff wort 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 MF 1 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 I 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 MF1 Urban Corridor Multifamily District. District arses 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 I of 1 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan South Bend Comprehensive Plan(November 2006 Objective H2: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 L-3-., � IB �z SF2 U. MF1 SF2 MF South SF2 III II i !!I MU SF2 $F2 F2 B Cp U SF2 C C 4 VI3 MF9 F2 SF2 I � ��t� SF2 SF2 " s U Rezoning from: "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT to "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT N ZONING CLASSIFICATION w _ 4- E SOUTH BEND"SF2"SINGLE fAMILYAND TWO FAMILY DISTRICT db SOUTH 8END VFI"URBAN CORRIDOR MULTIFAMILY DISTRICT OF SO UTH8END'MU"MIHEDUSEDMTRICT �+ _ (� SOUTH BEND"LB"LOCAL BUSINESS DISTRICT 1 Inch " 100 feet OW SOUTH BEND"CB"COMMUNITY BUSINESS DISTRICT � � � �� w` SOUTH BEND"OB"GENERAL BUSINESS DISTRICT ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT (7091711 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 , 2Q , at o'clock m. City Clerk Approved and signed by me on the day of , 2Q , at o'clock .m. Mayor of the City of South Bend, Indiana n �. jr 4(J 1 READING PUBLIC HEAMNG 3 rd R[-D!€ 11.G NOT .1PP'Ri,VED 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: (709171 I 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 oxners,reprint additional pages with signatures 5) It is desired and requested that this property be rezoned: in -' , " 'SZ From: (MF1 urban quarter multi-family district)District To: (SF2 single family and two family district)District �� � . 6) This rezoning is requested to allow the following use(s): (Single Family) dl ADORE CITY CLERK,q,50UTH BEVU, Spa 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 @aveaart.com CONTACT PERSON: (If different) (Name) (Address) (City), (State) (Zip Code) ((Area Code)) (Phone number) (E-Mail Address) 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"0 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 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 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 Sarin's 2"°' 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 III. 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 Common Council Attest: slgnfag oyg thx '0`1 ya ..-y.J. an City Clerk PO- ' kz ����3�a9dP5��8 s6i4 '�?ii4+'= 65r..J`1553@ and UnC 'J Eli$ W" .. 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 LFIl l r- ryf [" i.,i READING K. pUBLIC HEARING 3rd READING .ERI(s. 'EE f ,i(Y NOT APPROVER EFEi RED PASSED PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) ... .. .. .. .. ........ TO THE COMMON COUNCIL DATE: 8/_2.1/2012 _ 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 alle y 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 ci of South Bend Portage Township, St. Joseph County, 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: Soott Kidder RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: 919 N. Notre Dame Ave. JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING South Bend IN 46617 SOUTH BEND, IN 46601 574-235-9221 PHONE: 574-261-0703 it OITY CLERK, Oj":r dL-NjD,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 ames Haigh 919 N. Notre Dame Ave. 925 N.Notre Dame Ave. South Bend, IN 46617 South Bend, IN 46617 Filed in C A CITY CLERIC,Sou lm END,IN -3fi5g --3650 -3651 -� -3661.01 --___-.....-_ i 1$-51D4 -3552 I f 4' � _ __ -'. - -18--51fl7 _ -3771 i j 376$ ,,....,...__.___---- -3772 i____ . -_,___.... ----- -3773 ---3775 _� �___ -_-�_ 00 -w-----------� -!-- - - --__- __--__- �__ { C --3779 E 377! � ' ' I � P --3778 -3780 t ( --3781 18-5107 _3782 _ '---3783 -_... ............. 3784....__--- _ r _ ^E S � � � -3788 -.�.... �.... 0 E - ---. ----- 1 i Fib ,. �,; . l I �„ � 00 m -3788 I �. a.. �w. f- 4 oa � '� - ---------- - ��1 ; [ -3788.01 i- -- 3. s _ _ _ - �xp�q,��sb��A�e F.',. ..-g �,gy.,.g,®,�.•� q�,y cl e.aw s"G +cy W'• 3i aB&:xVS�E ism 150' RADIUS LEGAL DESCRIPTION: THE ALL FY TO BE VACATE? IS T�!E FIRST NORTH/SOUTH ALLEY WEST OF NOTRE DAME AVENUE FROM HOWARD STREET SOUTH TO THE IgRST EAST/WEST ALLEY FOR A D STANCE OF 198 FEET AND A WIDTH OF 14 FEET. SAID ALLEY IS PART OF SORIN'S 2ND ADDITION TO THE CITY OF SOJTH BEND, PORTAGE TOWNSKP, ST. JOSEPH COUNTY, INDIANA. N [�D SAD LWO rip [gyp m f� co CO LO (q (D dk <r v v v tr v a v v a v v v v v v a O a e CL a z z z z z ry ro a a a u a s xs a a a a a U c c c c c c c c c c c c c a _ c a c c c+ 1 Q) m W a1 m aY al ill m m m ¢f a7 N W m ao m m m m m m m m m m m m m m m m m m m m' „ ''e� lY .L-, « LL.+ Y ,.L., v L .L.+ L „L.. nL+ L w .L., « L Y Vii* 4ll■ IL > > 7 c 3 a v a o o a a o o a v a o o a v m m 0 m m rn rn CO w cn m to rn cn to m 0 m m° 0 � x w m v � 7 ■ a a ¢ o -v' F w w w w w w w W m af Qk a ¢ a w w ¢ ¢ < Lu < w w o a m n ° 0 w u~1 ❑ d w w Q n w w w co E o ¢ � a ° � w L w z a a n m }i H 1 Z ❑ z 0 0 O 0 0 F F O O O z0 m z m n z z z z z n V) z z z z z z Z z ID m O O O O M J N N J N N N Oi Q1 W V7 N n N w z W m rn w m rn m m rn m rn m mo 0 M 0 m 'o n n n n to co u� to u7 co cfl n N l0 W l� W (D (WD tWD co lWO [W6 �D co h f0 �➢ c0 [O 7 w 6 J Q a ti c� z z z z z z z Z Z z z Z z I I z z Z I z I I z z z z U z c c c aai a1 E c c C c c c c c roC E c c c c m m m m m 1p v m v v v v m v v m v m v v ❑ W m m m m m m N m ❑ m m m m Q L .L-, L L L @ _L L L L_ L .G L L L N -E L L L a 4 O O O O 7 7 7 7 7 7 j j 7 j 7 cn fn Cn In z {h Cn Cn N 1n z to (n n (n to a D 16 76 ? a w i 2316 GpUvrY_CrTV BuiLnzN PHONP f741235-92SI 27W.JgFsoaIousvnau �;\\ Pte. 5741735°9171 SoUTn BFND, INDIANA 466o1-x$3n Je 1966 CITY OF SOUTH BiaNI) PETE BUTTIGILG, MAYOR BOARD OF PUBLIC WORKS 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 Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would 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 corder 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 ofthe 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 To" Molnar at 574 235-9254 rior to icin u our radius map, You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council, Once you pick €gyp the radius reap, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Linda M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboorn, City Clerk's Office Michael Mecham, Engineering Jamey High 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 Georgians 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 118 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 I2 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 01B-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 018-5098-3471 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 01B-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 01B-5101-3566 018-5101-3569 018-5101-3572 018-5101-3575 018-5099-3491 018-5099-3495 018-5099-3498 018-5099-3503.01 018-5099-3520 018-5099-3521 018-5099-3492 018-5100-3546 018-5100-3543 018-5100--3540 018-5100-3537 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 018-5097-3428 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, Attest: City Clerk Presented by me to the Mayor of the City of South Send, 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 I ffice MAYOR CITY OF SOUTH SEND INDIANA _...,..T.__..,.,,.,, PUBLIC HEARING L 3 rd I?E AOiNG ; ... . ....-. ,.... NOT APDROVEO CITY CLERK, 00'6- BEND,IN REFERRED PASSED 1*14 Danch, Harner & Associates, Inc. MICHAEL J. IJANCH, L.A. Land Surveyors a Professional Engineers RON HARNER, P.S. Landscape Architects a Land Planners Honorable Members of the City of August 22, 2012 South Bend Common Council 4th 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 61 President Danch, Harner & Associates, Inc. t 504'K ....... ... . ... . CITY CLERK, ()J r. ­i�Z F D,IN 1643 Commerce Drive P South Bend, IN 46628 208 West Mars w Berrien Springs, MI 49103 office 574/234-4003 a 8001594-4003 a Fax 5741,,234-4119 office 2691471-3010 n Fax 2691471-7237 004 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 10/10/11)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 II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 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I m m' 111r 'O°Im a o o _mrn' S a�a. ro;u, 1 Iro,ro ro' ] 2T ! :� �, , c 1 'c. - ccl @:ai m @ a'u. 1 ry -LL r'E, E:'E f a'rn m , O - a iaa, c,c c I f f rLL 1 iU 0 _lu'ii w w - w1w ww X41 u1 t4. U_U• LLla I I�iro. 1 n7 'W.u-I � I i�;c: I I I 1 ) _ � 1 jiilu°. 'OO• I � Emi m:m; 3LLW: arafal - ! lmlro' a ni ` alla7l Aml iLL @ W1«, �alal I ala a. j Ism @'w. a LL W C LCI� :LL ll IN.N LL LL I _C, - yy ty i O:N: @. m LL U c 1LLdl>LLv':,;.LL u IUfu,!,UH WC3•1:UFLL ro -C �'00 D liji 7 U U:U' ;w,w, LL 90 o o 0-04 i- k r N iU'U. SQU Tan 200N COUNTY-CITY I UiLDING Z - \ PHONE 574.235,92I6 227 W. Jf xsoiv BLVD. `� %A FAX 574.2359928 SOUTH BEND,INDIANA 46601-1830 .1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 6, 2012 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4i1' FIoor South Bend, Indiana 46601 RE: 2012 Mid-Year Budget Transfer Ordinance Revision Dear President Dieter, Attached please find a substitute 2012 mid-year budget transfer ordinance and supporting summary of account transfers. The original ordinance was filed for 1St reading on August 27, 2012 with 2nd reading, public hearing and 3`d reading scheduled for September 10, 2012. The only change in the ordinance is to include an account transfer of$546,651 in the EMS Capital Fund 288 to cover replacement turnout gear for firefighters. This purchase was discussed by Chief Cox at the budget committee meeting yesterday and was approved by the Board of Public Works on August 28, 2012, subject to funding. Please note that this is a request to transfer money between budgeted accounts in different expenditure categories in the same fund (as required by state budgeting law) and not a request for an additional appropriation. 1 will present this bill to the Common Council at the appropriate committee and council meetings. 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, 5EP . Mark W.�Neal j City Controller _ � r CC: fete Buttigieg Mayor Mike Schmuhl, 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 10/10/11) which included expenditures for various City operations. It is now necessary to appropriate additional fiends 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 funds for expenditures as follows: Fund Amount General Fund (#101) $ 128,134 Law Enforcement Cont. Education Fund (#220) 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 11. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. a . ... Member of the Common Council Attest: City Clerk . pq cou b 33p Y� 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 rn. Mayor, City of South Bend, Indiana IS} RtADING A PUBLIC HEARING '3 rd READING NOT APPROVF41) N QIrf C-LrEkk,, REFERRED PASSED m Q c, � ..0� O O�.O.O.•O O,O:e, C C, d .O U� ,K � � O 4 N t is c a N N 9 N Q _ 'a m a z C.4 u CV tt - ,o a` U a l C L W N E Z a� 6 c o 'o mo� U a y 113' W 0 N � - E Vj�N N;N N N[NO �°, C CL z m a m � � � 201? v FA U0 L a U. t O - 9/ EL o' a y. o E Z. aci ~�, o'n : - - -M m �. _E v"or E E � u rn O E O YN O Q Lj d N. m M ro C P P.p - �.-q 'c T y p p 'x E n m E ' o'°'.o. �,N�h :°} ¢. '4''¢, j N !U7 '9, `T' IV. : d m E-L oSa : .T $ o�o° : o..a U : :I'Z o o am -ID � -� ' a mw o °o � m c. °. °u'.C7,c_a �, j 'N.ri j �. ,v m: v °' Ep 'ro mo _uj'w .mO: EEI '> m`^ i a o�.E; m-m. IT- P ° E ° m.(%1 p 'Q: p -Y ,o.y T o' ,o no° '2 m N C N O �C om' `� N'°. 0 N C mo '. L, y„ mo' mro�- -Em'a >, . a E 5- , •a ° wr o ° E' AJ. ° c c v m: '.uo� ami'E�o .v E 6 E' N - �' rn es'. 'u u. ;w,c. ,� E,r, .� E �: O a E m m °. 'm E'a 3 v a:' oO om, ov .co c- co ° o.v �� (D C '!-to F-»;_ ,H N_ n._ �- ',H .a a; Z m' _ 0.d a U. A- Y.._c m' 0) - oo _ o : '0 0 0 0 o'q o poo o a'o- o o n' o ofo o cy o"b �o e �p C d p P oa K O°°6 p O,O.O O O p' CS b -O O O P .Cj p 0 0 N'u°]n O O�0q LQ c °-O c o O'♦f' � P O v 'a0 0] N r l n l MQ N P. M O v) O O ip �O p N N- CD 0 co 0 C6 N 4 M;c U m of Y vvd'q'ggqqd� fq a y; : d a R 4 Z Z ro ro o 0 0 o o o o o c ° 00DOO OOa0. '0 0 0 0 Q 0 Coco x x -T' x; m'm m m ar Y L x L -G'c -"G'C"C C LL o- -c ccccccc mro ro c - I Ell Lo c m '2'oC o o;c "mUa v m ':U 0 or o E '�° .E E c .N E ' ! ff, o'D O,�i� c- �ww - .m w m' .0 'p m o. 'w 5 CD e5 o WE -E ro m mro m m m ro m' - E 0(90 oC7!V' U` a C9 t7 - m EE -L - - m ,o oo o,o 0 op:o o ,r'c _ ,c ro `� - aZ v`aa.wv.. m'. �: w w'w.w'w w w.w:w w m 'O❑''.O.O!O-Ca',4t.Gl C]6 v u ° u u .u E' m. E m' E. m m m n lili ti'ir'_ttilia'..iy� ��'� , Im ',$ jo; ;LL �^ `..I' ... '�r �"'' ,E E. .U- LL O .0 LL 01 Ot U Oi l CA 01 O' U' m' m }. +LL (,c.iY: `oo °� iii E, N cc.c.c'c 'c c �] ❑ m O, u a NN-@mivm 1pml0 :ww V :W ° m 0-' N S,x'x-x'x'Sx2,2' �.�- IQ° ',a, m. '.. C7 a- J 12001\Courtin Crr) Barr rat c; PHONE. 574.235.9216 227 W. Rr-rr::Hst3n Br.vra. FAX 574.235.9925 ScnM I Brun_lr.r»nivn 40601-1,X30 `� ds65 CITY OI=SOUTH BEND PETE BUTS IGIEG.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`r' 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 * Additional Appropriation Ordinance Civil City Funds -'$447,1 34 ® 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 1" 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, A Mark W. Neal CM),cs City Controller CC: Pete Buttigieg Mayor- Mike Schmuhl, Chief of Staff ICalbryli Rods. Del)uty 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 410125-11, 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 11. 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 i1 Attest: pp 4 ppauow.'rcy Yo"5 i",r:,.c 5 # ar City Clerk coundl W1.10a al `&� w* 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 South Bend, Indiana I st READING PUBLIC. HEARING 3 rd READING NOT APPROVt3 REFERRED, PASSED N C N m.�0- c'C EL o ° 4aiL� L Y O 4 0 N N E E E N We N 7M E E E cz U.o,` C9 U`"". c ° •m 'ENoO 0 5 a Id NF'. � ° o. : Q¢. b F- - o'a_ E'.�' b am w E "m ,m:C p: a °:' - - 4.4-. - a' :cam m _✓Ti's °gym E: ❑-. ._ A"'.U�n:A m �: o°. Eo w m� !w :P o E.° 00- `m - q' '.o-° ��` !; —,° •Z s ?"_j y:E @ -m � m n @-o. - 9 Y >, o a n b .v.E cc ma.' m,°. :�. W -o. _ c c �, p_. :� .�_0 '._c.P 0 -o o '� a b... 'm Sc ❑ E.w m �N a�i U a Ec a Eo ga .o,�� o°A Z-FN� a�E o� �p o w'�: ono o�000°o'oo o �r ra �......o o :o c• ,lJo c � LL',C @ d..°__ M O O O °d0 ' - O 0 0 p p W CD _ C N .?I O•10 a W O 'O O '.M '7.'t i ro} O of ° Q v YtVQ'agcC� qv a ,� °m.a°�.°m'rn°m N R R . m@ m.m:@ W M.c ...y. x y O R m m _ - - � _p p Q:Ll L7 C].p❑p p 2 2 x 2 ° .p LJ NO ° Z E a PEE C'R 'EE ELU uj CL m E. E acs- U' fJ C9',o L7 0 C7 6 0 - m m v v E m .i -� - .E- c c e'bc e c c E E. ;E ;E. :mm U3i1J'.IS7:LLILt.l U1'.i11'.ILW.i11 ZD .. .... .. - _ ;U S 2 2.2:2 S x T'T x. 0._{O. .d ;a '.a rn uJ ua a .m 'w. �. EO w V E uj N 6_l _W LC CY K S EC -wo b o .LL _ ° - u. •N- C FC'CC�C C.0 C•C C C fU :Q- N- :4- : P .w to E E EE,E;E E E'S: 8- 3 N N m d G O .N M N - C N C � d" C m o' '.oho 000-O Ob 'b, .pip O OO CIO O C O X �4 01 'M' -b O pP P.O'M O O.O OO Q N 'C � u n co c•i co ci o o a ti Ci O —O a N � 9 iQ co � m N L,1 N •~ � y � Q N a N C ii U �¢ U m•. E i a LL c 0 O M n`,LL p U U.N Q mC7 ° oo E ...�x.�.a. E o r�co'o rn N.;6 co rP N N:N m N-c(�-F G E Y @ iu G Filed ' a U. FA U�rC� 22 C ion I'll 1200N C«u.n°-Crty Bt;ri.nt (; I'HONi: 574,235.9216 227W. Ju'rnt RS Ot'13t vr). \� , ,, �ya FAx 574.235{)925 Son-tI 33t Ma,INDIANA 40601-1,�3t7 CIT Y OI~SOUTH BEND PETIT BUTTIGIEG MAYOR DEPARTMENT F 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 hills for consideration by the South Bend Common Council: ® Budget Transfer Ordinance Between Various Departments and Cost Categories Additional Appropriation Ordinance— Civil City Funds - $447,134 Additional Ap ropriation Oid�nance Enterprise Funds..- 5490,400 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 I" reading on August 27, 2012 with 2"'J 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 one at 574-235-7500. Regards, Filed h C ilkzt ; *:... ice AUG 22Z012 °` Mark W. Neal City Controller CI' CLERK,, U'UT.sa $BEEN I �J v CC: fete Buttigieg Mayor Mike SCIII]l l]Ill. Chief of Staff Kathryn Roos. Deputy Chief'of Staff Aladean DeRose. Interim City Attorney 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 L 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— 1130 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 CIerk. 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; - ? F 4 PW � !s ': �< yj \� n 1. n > �f qQ 1. �� � s e, �� .. €� ..: -�:.:;,-,"k,,�:1"�,,�"', �, . 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Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 2359554 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 8/1112 Dear Council Members: The above referenced petition of the Army &Navy Garrison#146 was legally advertised on July 20, 2012. The 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, F Charles C. Bulot, C.B.Q. Building Commissioner CCB/call PETITION OF AR1iMV & 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 36" OF THE PROPERTY ARID 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, 2412. YES NO D MICHAEL URBANSKI r-x-1 GERALD PHIPPS 0 RANDALL MATTHYS M BRENDAN CRUMLISH JOE VELLEMAN D JACK YOUNG ROBERT HAWLEY Area Board of Zoning Appeals--August 1, 2012 ARMY & NAVY GARRISON #146 The petition of the Army & Navy Garrison 4146 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 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, APPROVING AND ADOPTING THE HOWARD PARK NEIGHBORHOOD MASTER PLAN WHEREAS,in 2006, 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 flan 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 froze and after its passage by the Common Council and approval by the Mayor. Member of the Common Co "nciI on couadl {{r Ar 1 J UC,, Z 61 1?, PPISEN..iE0 � of wM of [' N07 �,PPPZOVEL-� :f�€1rJFTt �ov�rxeF 1400CouNTY-CrrYBMUNG PxoNR5741235-9241 227W]EFFF.RsoNBODUVARD PEACE ACE/� FAX 5741235-7670 Sounq BEND,INojANA 46601-1830 4 � k CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF I Aw AzADEAN M. DnRos CrrArroRNEY,AD INTERrm August -22, 201 2 Mr. Derek Dieter President, SOLIth Bend Common Council 4T" Floor. County-City Building South Bend, IN 46601 Re: Resolution of the Common Council 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 Nei-hborhood located within the area commonly known as the East Bank. In order to accomplish the Master flan Howard Park; Neighborhood, it is necessary to amend the South Bend Central Development Area Plan, and to approve the Howard Park Master Platt. A detailed e.'�planatory meillo From Jitin Kain, Senior Economic Development Specialist, is attached along with the proposed Resolution and the Howard Park Neighborhood Plan dated August 10, 2012, Mr. Kain will present this Resolution to the Council at its Committee meeting and at the full Council re«ular meetinLT. Thank you for your consideration. Sincerely, f� Aladean M. DeRose City Attorney, Ad ll�te111r1 �SSr � .rrr U �S°7�,�v� A%1D!c w S i CHERYL A. GREENE ANN-CAROB.NASH ANDRrA L. BEA CHKOFSKY LAWRENCE.METFSvF.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 36-7-14 et sue., 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, 1 985 (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 enteiprise 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 Plan 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 r 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(lie 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 f=inds and detenmines 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, 5. 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. 9. 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 5-3-1 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, revoked 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 1464, as amended. 14. This Resolution shall be in full force and effect from and after its adoption by the Commission. i ADOPTED AND APPROVED at a meeting of the South Bend Redevelopment Commission held on the 16th day of August, 2012, at the County-City Building, Room 1308, 227 West Jefferson Boulevard, South Bend, Indiana. CITY OF SOUTH BEND, DEPARTMENT OF DEVELOPMENT • rgnafure Marcia T. Janes President TAw Name and rt e South Bend Redevelopment Commission ATTEST: Da'vid A. Varner, Vice-President A infed Name an i!e South Bend Redevelopment Commission EXHIBIT A Howard Park Neighborhood Master Plan HOWARD 049 I f t� x.)_, S L. V � Master Plan Boundaries IT } .n�-N �a.1 r� 'BCae �.. SBCDA Boundary EXHIBIT B Howard Park Neighborhood Master Ilan 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 Platy 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 flan 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 Iand 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 flan 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. i BDD$01 52685080 1 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, 8. 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 ofl� 2412. Jo@ E. DeLee President Area Plan Commission of St.Joseph County Attest: JW&Byorni Secretary Area Plan Commission of St. Joseph County t ..... i f BDDBOI 5268508x2 -2- - 6 � 4 c�G1l12H g� X, Community Community & Economic Deveio ment p 227 West Jefferson, Suite 1200, South Bend, Indiana 46601-1830 ♦ Phone 574/235-9371 O Fax 574/235-9021 T o : South Bend Common Council From: ,litin hain. Senior Economic Development Specialist Subject: Adoption of the Howard Park. Neighborhood Master Plan Date: August 22, 2012 Attached with this memo is a Resolution which adopts the Howard Park Neighborhood Master PIan as part of the process to amend the Redevelopment Plan l'or the South Bend Central Development Area(SBCDA), The Howard Park Neighborhood of South Bend has the potential to become an exciting, dynamic urban neighborhood acrd is poised for private sector investment and development of its infill properties. After the completion of Phase 1 of the East Bank Master-Plan (covers neighborhood North of Jefferson Blvd) in 2008, a planning study of the Phase 11 area, more commonly]mown as the Howard Park Neighborhood, began. This area is decidedly store 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. Ivey strategies identified in the plan include: e: Redevelopment of the 10 acre, Transpo site in to a mix of residential uses along the river front 5 Conversion of existing industrial uses to residential as those properties come up for sale car,re-use Enhancement of the River Wall;: A Pedestrian and bike friendly pathmrys throughout the neighborhood. The Master Plan vas completed in the spring of 2009. At the time the South Bead 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. The Redevelopment Commission approved Declaratory Resolution 43064 oil 8/16/12 to begin the process of atnending,the SBCDA which is attached, Also attached is Area Plan Commissiot1 Resolution 228-12 %vhich was approved on b/21/11 Staff requests approval of the attached Resolution. � a ORDINANCE NO, AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 6420 US 31 S. SOUTH BEND,IN 46614,COUNCILMANIC DISTRICT COUNCIL DISTRICT#6 IN THE CITY OF SOUTH BEND,INDIANA MTEMENT OF PURPOSE AND INTENT THE ZONING OF PROPERTY, 6420 US 31 S, SOUTH BEND,IN 46614 IS ZONED RESIDENTIAL. WE ARE PROPOSING TO HAVE IT REZONED AS LOCAL BUSINESS. THE NEW PURPOSE OF THE PROPERTY WILL CHANGE FROM A RESIDENCE TO A BUSINESS, CHICKADEE'S GIFT SHOP, WHICH HAS TO BE RELOCATED FROM 5613 US 31 S. SOUTH BEND, IN 46614 DUE TO THE NEW 31 BYPASS PROJECT. 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: The land referred to in this Policy,situated in the County of St Joseph, State of Indiana, is described as fbilows: The part of the East Half of the Northeast Quarter of Section 2,Township 36 North, Range 2 Ewlt Centre Township, St.Joseph County,Indiana, which is described as beginning at the southwest corner of Lot Numbered 132 as shown on the plat of Whitcomb and Keller's Southmoor, recorded in the Office of the Recorder of st. Joseph County, Indiana; thence East atone the south tine of said plat, 270.50 feet,thence South Oo degrees s2 minutes 17 seconds East, 149.54 feet;thence West 312.15 feet, thence North 14 degrees 45 minutes 10 seconds East; along the easterly right-of-way of U.S. 31, 154.63 feet to the point of beginning. be and the same is hereby established as Local Businesss (LB) 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 eouncil }1 S R n F. &nd Attest: cound Wdon Q $ . .tom City clerk City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20 , at o'clock m. City Clerk Approved and signed by me on the day of ,20 , at o'clock m. Mayor of the City of South Bend, Indiana Filed � � 1 st READING � PUBLIC HEARING 1 3 rd READ114G �f 4, APPRO REFERrRCfJ, C,f CLERK, SOS f SEND,tq PETITION FOR A COMBINED HEARING City ofSouth Bend Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance,to grant a Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s): 1) The subject property is located at: 6420 US 31 S.,SOUTH BEND,IN 46614 2) The property Tax Key Number(s)is/are: 4023-1002-003201 3) game and address of property owner(s) of the petition site: MARSHA B.MITCHELL 19667 PASADENA AVENUE SOUTH BEND,IN 46614 5741532-0925 CHICKADEE831@4TT NET 4) Dame and address of contingent purchaser(s),if applicable; Name Name Address Address City,State Zip Code City, State Zip Cade Phone number with Area Code Phone Number with Area Code E-Mail Address E-Mail Address For additional owners,reprint additional pages with signatures 5) It is desired and requested that this property be rezoned: From: RESIDENTIAL DISTRICT To: LOCAL BUSINESS DISTRICT 6) This rezoning is requested to allow the following use(s): GIFT SHOP 7) If applicable,a detailed description and the purpose of the variance(s)being requested: These variances are for the purpose of making the existing property so it conforms to necessary standards for our gift shop. 1. ) Front setback (40' to 211 ) 2. ) Forth side setback to allow for adequate parking (20' to 151 ) 3. ) Evergreen trees in rear (landscaping to none) CITY CLERK, i 8) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health,safety,morals and general welfare of the community: Variance for the front or west setback would not be injurious to public health, safety, morals, and general welfare of the the community because the building already exists in that location. Variance for the north setback would not be injurious to the public health, safety, morals, and general welfare of the community because it will be sufficiently hid by landscaping and only used for backing out of the parking spaces and only during normal business hours. Variance for the rear or East landscaping would not be injurious to the public health safety, morals, and general welfare of the community because we also own the property bordering the east side of this parcel. (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and: This would not affect the value of adjacent properties because it already exists and nothing really changes. The house has been in this location for over 60 years and has never been a problem. The use and value of the adjacent property will not be affected because of the part of the adjacent property that it borders and the minimal amount of linear feet we are asking for. We also have spoken to the owner of the adjacent property and he was not opposed in any way, and wasn't even concerned if we landscaped around it. Not having landscaping on the east border will not affect anything because we own that property. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: This variance would be a much more practical approach than moving the house. This is the most practical place to put the parking area because putting the parking anywhere else would require removal of some very large tree and also force us to have a narrow entrance and exit which would be a safety hazzard for our customers. It would be impractical to plant trees in the middle of the properly even though that property will not be used for the business. 9) If not clearly shown on the Preliminary Site Plan,a site plan showing the requested variances shaII also be submitted. 10) If applicable,a detailed description and purpose of the Special Exception(s)being requested: I l) A statement ors.how each of the following standards for die granting of'a Special Exception is met: (a) The proposed use will not be injurious to the public health,safety,comfort,community moral standards, convenience or general welfare: (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein;and: (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. I2) In the case of a Special Exception,the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) 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) 17 site plans;and (d)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): Name MARSHA B. MITCHELL Address .19567 PASADENA AVENUE - SOUTH BEND, IN 46614 5741532-0925 H� , E-Mail Address _CHICKADEES3 I @ATT.NET P� 417 l u =?ifs `� .tt7 4 4 ��".2 . ., ftieiII'6#t3W:tviEi t; PRELIMINARY SITE PLAN REQUIREMENTS-City of South Bend,Indiana Tabulated(listed)Data(Note:data noted are for illustrative purposes only) 1. Land Coverage: LAND COVERAGE AREA %OF TOTAL AREA Total: 1.75 acres 76,230 sf 100% a. buildings(ground floor only) 20,000 sf 26% b. parking& loading, and drives 33,361 sf 44% c. open space(yards, landscaping,etc) 22,869 sf 30% 2. Proposed land uses&floor area(e.g. bank,retail shopping center,office,pizza parlor, apartments) USE FLOOR AREA %OF TOTAL FLOOR AREA BUILDING HEIGHT a. office 5,000 sf 25% 1 story; 35' b. retail 5,000 sf 25% 1.5 story; 40' c. restaurant 10,000 sf 50% 1 story; 32' Total 20,000 sf 100°/0 For apartments&group units: list number of units; number of bedrooms/unit,estimated population;density 3. Parking ratios per use as required by ordinance, and number of spaces to be provided. 4. Sewer and water facilities Current: private well or public water; on-site septic or public sewer Proposed: private well or public water;on-site septic or public sewer 5. Name of engineer,surveyor and landscape architect. Mapped Information(drawn to scale) 1. North arrow, written and graphic scale,date. 2. Location of buildings and uses. 3. Boundaries of property with dimensions. 4. Location of buildings,uses and easements. 5. Location and composition of open spaces, landscape planting areas and buffer strips. 6. Location of parking and loading areas,entry and exit drives. 7. Abutting public and private streets. 8. Building and parking setbacks. 9. Location, height,size and type of sign(s). 10. Topography and other natural features. 1 I. Sanitary, storm sewer,and public water connections; or,private well and septic system locations. 12. Variance requests should clearly identify the requested variance(s)both graphically and in written form. NOTE:additional information may be required during the review process so that the Commission can make an informed decision.. AREA PLAN COMMISSION PUBLIC HEARING PROCEDURES Print; out MSPublisher file, and attach pages 2/3 here Files A c. c. 8 35H 217,80 110 � i - A» 714L, 2 .►� r WNITCOMB 8 KELLER' O t # i 'e}• 1W..55 BOUTHMOOR ADO. 1-1352 LANDON-ZIMMER LINO! k .704 1 j t 1904,C7/ 1-13a�.ox h Al �a ¢ � P.D. Mf$dort aua 182SO ; + 280,42 PYRAMID MINOR Sus 23`10 q "E # r 2.1384 FIEL05TOIIE CENTRE'.- 2-1352.02 1 tzo v L� Mss _ �sb&71 5.58 6i5.o4—__ __ -- 2 Bo,01 f - c +�o leas �a .. /357 N k 01`1049 477 a"Y Ie tt ° 01-IbSi /359 yes Ao o Go 7 .1 ----- -- _--- ssa _ 23-I oi•ioos �I im 1M -OOJ29� ..! -oOa2 1 v a fi 5 PV /3GZ )p�_—�-- /V 1367 Nny/ m Pf 37982 an /3G 9 WNO CORP LINIE-4- _ /Q5 OF F € 4 ' 1i 5 . Pf. f EF' P!.0028.01 lsaaf Pt.5.00 �. L r.- F. 19932 001-1049-FKAve 19932 SOUTHLAN 11 1295 Southland Av South Bend IIN 46614 D AVE South Bend IN 46614 9946 19946 001-1049- outhland SOUTHLAN 12 1292 ve South Bend IN 46614 D AVE South Band IN 46614 FOX PAMELA R 023-1049- AND MOFFETT 6406 US 31 6406 US 31 13 127901 ROBERT JT South South Bend IN 46614 S South Bend IN 46614 19960 19960 001-1049- Southland SOUTHLAN 14 1287 MCKEE LINDA L Ave jSouth Bend IN 46614 D AVE South Bend IN 46614 t JERNIGAN 001-1051- RALPH&JUDITH 61123 Us 31 61121 US 31 15 ll 3 57 A South South Bend IN 46614 S South Bend IN 46614 001-1049- GALLOWAY 20502 16 1280 TROY Johnson Rd South Bend IIN 46614 US 31 S South Bend IN 46614 SOUTHLAWN CEMETERY 2528 023-1001- ASSOCIATION Mishawaka 11000802 LLC Av South Bend IN 46615 OUDGHIRI OMAR 112& OUDGHIRI 001-1051- OMAR& 19227 Kern 61087 US 31 1,Q 1355 CYNTHIA 112 Rd South Send IN 46614 SOUTH South Bend IN 46614 0 001-1051- STEVENS 61099 US 31 61099 US 31 Rq 1356 ROBERT A South South Bend IN 46614 SOUTH South Bend IN 46614 0 023-1049- 14934 State West 6318 US 31 2 1281 FINN LINDA J Highway 149 Frankfort IL 62896 S South Bend IN `r Y46614 023-1049 GALLOWAY 20502 US 31 2£ 128001 TROY Johnson RD South Bend IN 46616402 S South Bend IN a 46614 MARTIN 19971 001-1049- TIMOTHY R SOUTHLAN c «? 1288 LAURE E L1OASR Plymouth IN 46563 D AVE South Bend IN I 46614 3 : , , f j - r --- -., Ck tj ol - - 7- _. 4C a Lj ' Jl a fs-� �� ORDINANCE NO. _ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING,ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION'S 2013 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OFRAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2013 Pursuant to Indiana law, the South Bend Public Transportation Corporation is required to submit its proposed budget and tax levy to the Common Council of the City of South Bend for adoption. Specifically, Indiana Code § 6-1.1-17.20 requires that the South Bend Public Transportation Corporation, as a political subdivision governed by a majority of unelected officials, submit its proposed budget and property tax levy to the Common Council of the City of South Bend. Pursuant to Indiana Code § 6-1.1-17-20(e), the Common Council of the City of South Bend is required to review the South Bend Public Transportation Corporation's budget and proposed tax levy and adopt a final budget and tax levy for the South Bend Public Transportation Corporation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The South Bend Public Transportation Corporation's budget for the year ending December 31, 2013 in the sum of$10,735,511.00, as shown on Budget Form 4-A, filed with the Common Council on August 31, 2012, is appropriated, adopted, approved and ordered set apart out of the several funds herein named and for the purposes herein specified, subject to the laws governing the same_ Such sums herein appropriated shall be held to include all expenditures authorized to be made during the year, unless otherwise expressly stipulated and provided for bylaw. In addition, for the purpose of raising revenue to meet the necessary expenses of the South Bend Public Transportation Corporation, a total property tax levy of$3,823,000.00 and a total tax rate of 0.1204 as shown on Budget Form 4-13 are also appropriated, approved and adopted. SECTION 2. This Ordinance shall be in full force and effect from and after its passage by the Common Council of the City of South Bendand approved by the Mayor. Member, South Bend.Common -until Attest: City Clerk - ' $�G0¢�.J, x �° 4d�3��LS&�U Presented by me to the Mayor of the City of South Bend, Indiana on the — day of 2012, at o'clock rn City Clerk, Deputy Approved and signed by me on the day of 32012, at o'clock, --.m Mayor, City of South Bend, Indiana Tiled, �n F7, .13 P 4 M? I st READING PUBLIC HEAPING 3 rd READING CI °C LE R 9 oiii E NOT APPROVED REFERRED, PASSED Via Hand Delivery September 4, 2012 Mr. Derek D. Dieter President-City of South Bend Common Council County-City Building-Room 4005 South Bend, IN 46601 Dear President Dieter: Enclosed is an original and several copies of: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING,ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORTATION'S 2013 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVNUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2013 Due to a recent enactment of Indiana law, Transpo is required to submit its proposed budget and tax levy to the City of South Bend Common Council(the"Council")for adoption by the Council. Specifically, Indiana Code § 6-1.1-17-20 requires that Transpo, as a political subdivision governed by a majority of unelected officials, submit its proposed budget and property tax levy to the Council for adoption. Pursuant to I.C. § 6-1.1-17-20(e), the Council should review Transpo's budget and proposed tax levy and adopt a final budget and tax levy for Transpo. I.C. § 6-1.1-17-3 sets forth the publication requirements relating to the Council's adoption of Transpo's budget and levy. Pursuant to this code section,the first publication of Transpo's budget must occur by September 13, 2012 and the second publication must be made by September 20,2012, Transpo's Board of Directors will vote to approve the budget and levy after it is formally adopted by the Council. Transpo's Board of Directors will vote to approve the budget and levy at Transpo's regularly scheduled monthly Board meeting on October 22,2012. Transpo's budget was filed with the Common Council on August 31, 2012. Transpo will present this Ordinance to the Council by its Controller, Christopher Kubaszak. Tranpso's General Counsel,Jamie C. Woods, may also attend along with Members of Transpo's Board of Directors. On behalf of Transpo's Board of Directors,the Council's assistance in this budget process is greatly appreciated. Sincerely, William R. Sp ul le ,' Interim General Manager, South Bend Public Transportation Corporation s t �`a� v'r• r r South Bend Public Transportation Corporation Via Hand Delivery August 31, 2012 Mr. Derek D. Dieter President-City of South Bend Common Council County-City Building- Room 4005 South Bend, IN 46601 Dear President Dieter: Enclosed are two (2) copies of the South Bend Public Transportation Corporation's ("Transpo's") 2013 Operating and Capital Budget. Due to a recent enactment of Indiana law,Transpo is required to submit its proposed budget and tax levy to the City of South Bend Common Council (the "Council") for adoption by the Council. Specifically, Indiana Code § 6-1.1-17-20 requires that Transpo, as a political subdivision governed by a majority of unelected officials, submit its proposed budget and property tax levy to the Council for adoption. Pursuant to I.C. § 6-1.1-17-20(e), the Council should review Transpo's budget and proposed tax levy and adopt a final budget and tax levy for Transpo. I.C. § 6-1.1-17-3 sets forth the publication requirements relating to the Council's adoption of Transpo's budget and levy. Pursuant to this code section, the first publication of Transpo's budget must occur by September 13, 2012 and the second publication must be made by September 20, 2012. Transpo's Board of Directors will vote to approve the budget and levy after it is formally adopted by the Council. Transpo's Board of Directors will vote to approve the budget and levy at Transpo's regularly scheduled monthly Board meeting on October 22, 2012. On behalf of Transpo's Board of Directors, the Council's assistance in this budget process is greatly appreciated. As l have expressed to the City of South Bend's Controller, l am willing to assist in this process in any manner whatsoever. Please contact me if you would like to discuss any aspect of the adoption of Transpo's budget. Sincere! , f Christopher Kubaszak ris.;;, Controller, South Bend Public Transportation Corporation g t LIZ (574)232-9901 •FAX(574)239-2309.1401 S.Lafayette Blvd.•P.O.Box 1437-South Bend,IN 46624 f SOUTH BEND PUBLIC TRANSPORTATION CORPORATION ; 2093 FISCAL OPERATING & CAPITAL BUDGET January 1, 2013 through December 31, 2013 Short Farm Prepared By South Bend Public Transportation Accounting Staff SOUTH BEND PUBLIC TRANSPORTATION CORPORATION SOUTH BEND, INDIANA 2013 FISCAL YEAR BUDGET REQUEST TABLE OF CONTENTS BUDGET ESTIMATE FOR 2013 PROJECTIONS 1 ASSUMPTIONS 2013 Revenue Projection.................................................................................. .1 2013 Expense Projection.................................................................................. .2 2013 Appropriations.................................................... .... ................................ .3 2013 Budget Assumptions................................................................................ .4 2013 Budget Policy Statements—.......................—.................................__...... .6 2013 Budget Summaries by Category—All Accounts....................................... .7 2013 Capital Requirement........................................ .16 p p o p 9 O O h p O p O p 9 O V O O O d \O 1 CV F Q O [i7 1p N 9 O a � 0 cp C7 O Q O ci w Q z m w !� a d rn O rn LO d \ p co to° ° n a T (Y Q O O N cn L CQ O p 00 O co P r O O O r cD OD Q q C Q N co M di Od N (rD st O d O tV N F- 11.1 w Q o o e a o o e o 0 1� O O co c`7 N O O O Z N w O d - O 11 J cp O O 1n CS (D 0 O O 1. rr w `Ct O d a O O O r O r O c O Q r O N a � z O M N _ In � O co a a 117 v O O u7 u7 CL Q 1L CI 0 cND r ^ Od -v �^ N nt Od0 N m 1-f cQ d Oj T CD O cm V cri �"' co It «7 v N Q `- N N e- ?J Z z 64 69 69 69 64 64 69 - 69 64 69 69 6) 6% 6*3 (l? 63 69 Q w r M N LO p- N M O T l(7 w c`7 00 114i -O ° CD N v o °o cv.l N v m N a 69 69 69 (f3 69 6s 64 68 44 69 64 69 69 6Ei 44 64 fR LJJ cD a 1n o o Z D 1- NN o° w � o o a ° d rn z r, w ' O N O o O o O 0 co O o r a rn C°t- N i a v c 6fl m N N N ca v w to ( 6s (s 69 69 6s 64 69 64 64 6s (» v a a N 117 a fl o 0 0 ►� (7 a �? o m ova oc o d° o° o o 0 to r C7 m v 'a r� cV o o a (js [] N r 0 N (? 0 O O O> cm rl-® OD 1 N N 17 r 0) W 69 69 69 69 64 64 69 69 69 6'3 69 69 69 64 64 64 69 <n w ® Z U CO O Q O LLJ z z z g w Q ui z Q w U z 0 L U LL z U w -� 0 n� � w z ? p IQ- u.l Q ice- U O ¢ L O D z O ri Q > U tl ul Z z j F- Z O lj � w co F- w ¢ z w i ¢ }¢ � Fw- Ix uj CO w a w Q w o w U of m z z O w [C � w w u x Q > Q z w p w Q F- w w w w Cl) w O z U z tz M w °w w w u4 U Q U a ., �i O u w u u 'M o o 0 0 o a e ? O W Q � In in: JOZ � fQ N � (O Cfl �' r-• Ir O o Q v- N -co 00 v r Q 00 6n C7 e n 11 M r r r- N z v fU VI z Q r Q Z Z o o a a o a v w W N 00 00 N N W r r r 00 'ct N CA7 o N r r N m a � z Ln. a 00 Ln m ao It_O Q O (0 It 000 N ' M M O 0)U') 000 ((0 00 r N cl (A N (~j N r a a r N co w Q Lf) r r CV O O ® 604 69 64 64 64 64 69 64 ER ffl� 6% 49 d Q N (0 It LO t+ � w 000 O W (O fa M r 00 O n Cl) M �.} N N O ti M 00 (Ni N V N N r (fl n - r 00 O r� 0f Os o h z r 00 O Ln r N m Q� O Sri r of tfi z fH 69 64 64 69 IA 64 69 69 64 69 6R ui O p w � (Q r ut th o 0 00 tai w o co 00 m CD 00 It coo a°0o_ Q N 0 a r st N m (a CN z co n M tN0 C©0 I,- M w N N N 1z (XI r" •" OS Q7 M 64 f/-} 64 64 64 64 64 69 6% 64 44 x V M av C° n LO i r ti m coo ,J W L3> cA c0 (V � O lv:,l (O in C Co a N N tt O co I An ti r D N °n [n O m N N N +A m V 64 b4 69 69 69 64 64 64 69 64 (ft tfT W im Z O c J CD O QI v7 o J U) A Q3 J C y 43 Q ~ m N p 0 K x '" ID W LL N tU 7 w o V3 0 U v m H C 1- N 03 _ VJ y F v1 ti Co. 0 42 ►- TRANSPO Budgeted Appropriations O eratin Bud et Ca ital Bud et Total 2013 ICategory2013 2012 2013 2012 A ro riations Personnel Services 6,839,556 6,697,424 6,839,556 Other Services and Charges 1,469,620 1,423,485 1,469,620 Supplies 1,240,471 1,498,667 1,240,471 Capital Outlays 390,000 220,668 795,904 413,354 1,185,904 Total Appropriations $ 91939,646 $ 9,840,244 $ 795,904 $ 413,354 $ 10,735,551 3 Vt-V-�Pr ,M 2013 OPERATING BUDGET ASSUMPTIONS REVENUES: Federal State.- and Local: Given past and continued success in securing adequate capital funds through congressionally designated funding for major capital projects, we are able to continue to avail ourselves of annual federal capital formula grant funds toward preventative maintenance and educa#ion/training, making such funds available to the operations budget. in 2012, the State of Indiana has fixed PMTF rate for the next two years and has made it a line Item in the State's Budget. We based the 2013 PMTF revenue on 2012 actual approved budget, This caused our budget figure to be decreased 20% from 2012 budget, Property Tax revenue was budgeted at $199,200 more than prior year, due to the receipt of tax revenue in .Tune 2012 that was over budgeted figures for the first installment. Ridership and Leases: Farebox revenues from regular services include a 4.03% increase from our 2012 forecasted levels. The revenue increase is due the service changes that occurred April 2012. They did not have as drastic of an effect on ridership that was originally estimated. However, TRANSPO ACCESS has realized an increase in ridership since 2008 and is expected to continue this trend in future years, Lease revenues reflect current tenant agreements and renewals of existing contracts. EXPENSES. Employee Wanes and Benefits: TRANSPO will see an increase in wages for bargained for employees in 2013, due to the finalization of a three year collective bargaining agreement. Employee benefits reflect an estimated seven percent increase over 2012. This increase is mainly due to an estimated increase of five percent in health insurance. Other benefits reflect current bargaining agreement terms and contingencies for future premiums given their historical trends. Vehicular and Operating: Vehicular and commercial insurance costs decrease from the 2012 budget. Diesel fuel has been budgeted at an average of $3.06 per gallon and gasoline at $3.30 per gallon. Both of these markets have been extremely volatile and it is projected that future world developments could cause costs to increase. Utilities: Utility costs have been budgeted at 1% less than 2012 forecasted levels, due to TRANSPO cost savings experienced in the new Administration, Maintenance and Operations facility. 4 Marketing: Marketing contracts, services, and advertising placement accounts have been decreased to reflect an estimated decline in the local funding. Training:inina: The 2013 budgeted amounts decreased from 2012 budgeted provisions. TRANSPO plans to use federal grants to offset most of the cost associated with training. The current budget provides continued opportunities for all positions, Transfer — Ca 1tal Im rovemen# f=und/Restricted 1-1abllit Reserve: Th e 2012 budget provides the opportunity to transfer up to $74,480 to the Capital Improvements fund for future capital expenditures or deposit op to $74,480 into a restricted liability reserve account, to be used for general liability purposes. D UPON THE ADOPTION OF THE ANNUAL BUDGET BY THE SOUTH BEND PUBLIC TRANSPORTATION BOARD OF DIRECTORS, A MONTHLY BUDGET, BASED ON HISTORICAL AND FUTURE TRENDS, WILL BE ESTABLISHED. THIS WILL HELP FACILITATE THE MONTHLY REVIEW OF FINANCIAL REPORTS BY BOARD MEMBERS AND INTERNAL MANAGEMENT. 5 A(-r '� 2013 OPERATING BUDGET POLICY STATEMENTS FINANCIAL CAPACITY: 1. The proposed budget does not reflect any fare changes. A fare analysis may be conducted and recommendations will follow, based upon the results of the analysis. 2. Management will continue to search for investment, grant and funding opportunities so as to maximize revenues. 3. Management will assure cash handling practices to safeguard funds in its protection and toward timely collection of funds owed. SERVICE POLICY: 4. A review of current services levels will be conducted and recommendations will follow based upon the results of the analysis, b. Management will continue to work within the current FTA charter regulations and existing agreements with private charter providers in order to provide charter services. 6. Curb-to-curb ACCESS service will be provided in accordance with all applicable FTA guidelines. MANAGEMENT: 7. A professional workforce will carry out our Mission Statement. Management will assure fairness, even-handedness, consistency, and effective Equal Employment Opportunity and Affirmative Action policies and practices. 8. Assumes continuation of team development, employee recognition, and continuation of increased opportunities for employee training. 9. Assumes continued pursuit of programs of wellness and accident prevention in an effort to stem, to whatever extent possible, rising insurance costs. 6 TRANSPQ 2013 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE; Salaries & Wages Summary 2011 ACTUAL $ 4,725,419 2013 BUDGET REQUEST $ 4,970,940 2012 AS OF 6130 $ 2,191,822 2012 APPROVED BUDGET $ 4,628,069 2010 ANNUALIZED $ 5,217,623 BUDGET CHANGE $ 282,871 Account Title 2011 2012 Operators $2,907,250 $ 3,081,293 Access Drivers & Clerk 338,814 344,042 Operations Administration 302,377 308,637 Revenue-Vehicle Maintenance 546 009 Maintenance Administration 124 860 670 945 66 945 Non-Revenue-Vehicle Maintenance 103,392 102,935 General Administration 305,282 289,337 Total $4,628,069 $ 1,910,980 7 TRANSPO 2013 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Fringe Benefits Summary 2011 ACTUAL $1,789,950 2013 BUDGET REQUEST $ 1,928,616 2012 AS OF 06/30 $ 962,334 2012 APPROVED BUDGET $ 1,$00,675 2011 ANNUALIZED $9,924,667 BUDGET CHANGE $ 127,941 Account Title 2012 2013 FICA $ 354,047 $ 375,687 Pension plan 211,694 211,694 Medical insurance 1,015,710 1,101 551 Dental Insurance 42,957 44,154 Life insurance 20,926 26,730 Short-Terra Disability 16,031 18,412 Unemployment Insurance 12,423 12,423 Worker's Compensation 77,120 88,198 Uniforms 46,267 46,267 Tool Aiiowance 3,500 3,500 Total $1,800,675 $ 1,928,616 8 TRANSPO 2013 BUDGET sUBMfSStON DEPARTMENT: All ACCOUNT TITLE: Services Summary 2091 ACTUAL $ 929,788 2013 BUDGET REQUEST $ 824,825 2010 AS OF 06130 $ 506,672 2012 APPROVED BUDGET $ 714,218 2010 ANNUALIZED $1,013344 BUDGET CHANGE $ 110 61Q Account Title 2012 2013 Management Service Fees $ 253,407 $ 247,577 Advertising Fees 5,000 7,500 Professional& Technical 246,039 254,039 Tuition & Registration - Employees - Tuition & Registration - Board Temporary Help 5,000 2,500 Contract Services Operations 21,750 139,150 Contract Services Maintenance 120,000 100,000 Contract Services Administration 9,960 13 280 Security Services 48,060 55,800 Physical Damage Repairs 35,000 35,000 Recoveries of Physical Damage Repairs (30,000) (30.000) Total 1.714,=2=1=6 $ 824,826 9 TRANSPO 2013 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE, Materials & Supplies Summary 2011 ACTUAL $1,854,522 2013 BUDGET REQUEST $ 1,240,471 2012 AS OF 06130 $ 779,074 2012 APPROVED BUDGET $ 1,457,331 2011 ANNUALIZED $1,558,148 BUDGET CHANGE $ {216 860 Account Title 2012 2013 Fuel & Lubricants Operations $ 1,121,729 $ 949,518 Fuel & Lubricants Maintenance 13,302 16,353 Tires & Tubes Operations 2,000 Tires & Tubes Maintenance 3,200 Materials &Supplies Operations 14,500 _ Materials & Supplies Maintenance 230,000 210,000 Materials & Supplies Marketing 45,600 37,600 Other Materiafs & Supplies Operations 6,000 6,000 Other Materiafs & Supplies Maintenance 3,600 3,600 Other Materials & Supplies General Administration 17,400 17,400 Total $ 1,457,331 $ 1,240,479 10 TRANSPO 2013 BUDGET SUBMISSION DEPARTMENT: Administration & Maintenance ACCOUNT TITLE; Utilities ACCOUNT NUMBER: 505-0x50-00 505-Ox2x-00 2011 ACTUAL $ 185,853 2013 BUDGET REQUEST $ 208,267 2012 AS OF 06130 $ 91,427 2012 APPROVED BUDGET $ 211,645 2012 ANNUALIZED $ 182,854_ BUDGET CHANGE $ 22 378) Account Title 2012� � 2013 Electricity $ 100,392 $ 98,014 Water & Sewage 16,654 $ 16,664 Trash Collection 5,000 $ 5,000 Telephone 10,351 $ 10,351 Natural Gas 79,248 $ 79,248 Totals $ 211,645r $ 209,267 11 TRANSPO 2013 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Insurance Summary 2011 ACTUAL $ 215,208 2013 BUDGET REQUEST $ 246,977 2012 AS OF 06/30 $ 101,485 2012 APPROVED BUDGET $ 324,873 2012 ANNUALIZED $ 202,971 BUDGET CHANGE $ (77 896) Insurance - Liability & Physical Damage $ 239,192 Other Corporate Insurance 7,785 Total $ 246,977 12 TRANSPO 2013 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Miscellaneous Summary 2011 ACTUAL $ 42,276 2013 BUDGET REQUEST $ 84,Q7"Q 2012 AS OF 06/30 $ 16,888 2012 APPROVED BUDGET $ 62,420 2011 ANNUALIZED $ 33,776 BUDGET CHANGE $ 21,650 Account Ti#fe 2012 2013 Dues & Subscriptions Travel & Meetings $ 28, 00 $ 28,070 Donated Services 4,000 2,000 Promotion 15,000 2,000 Advertising Placements 28,000 1,000 Interest Expense 38,000 Miscellaneous - - Total $ 62,420 $ 84,070 13 TRANSPO 2011 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Tangible Property/Fixed Assets ACCOUNT NUMBER: 111-0101-00 through 111-0107-00 2012 ACTUAL. $ -mm 2043 BUDGET REQUEST $ _ 2011 AS OF 6130 $ - 2012 BUDGET REQUEST $ - BUDGET CHANGE $ _ This account is used for capitaf purchases in the operating fund. These are Purchases for which there is no Capital Grant. It may be used for office equipment or furniture. Shop and Office Equipment $ 14 TRANSPO 2013 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE; Passenger Fares Summary ACCOUNT NUMBER: 413-0100-00 2011 ACTUAL: $ 1,401,657 2093 BUDGET REQUEST $ 1,408,314 2012 AS OF 06130 $ 710,316 2012 BUDGET REQUEST $ 1,346,826 BUDGET CHANGE: $ 61,488 Account Title 2012 2013 Passenger Revenue 875,169 945,333 Access Passenger Revenue 35,152 35,366 Access Punch Card Revenue 57,553 61 967 Passport Revenue 173,534 185,675 Student Pass Revenue 56,880 28 320 Tripper Revenue 9,623 9 783 Two Ride Pass Revenue 90,958 65,334 Two Week Pass 47,957 76,537 $ 1,346 826 $ 1,408,314 15 2093 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Transfer- Capital Improvement Fund/Reserve for Liability ACCOUNT NUMBER: 301-0109-00 2011 ACTUAL $ - 2013 BUDGET REQUEST $ 74,480 2012 AS OF 06/30 $ - 2092 APPROVED BUDGET $ _ BUDGET CHANGE $ 74,430 This account is used for the transfer to the Capital Improvement Fund for the "Local Share" or to fund a reserve for future liabilities. The capital expenditures are detailed in the monthly Capital Improvement resolutions. $ 74,480 Detail of Capital Funds required to match existing grants on following page Total $ 74,480 16 SOUTH BEND PUBLIC TRANSPORTATION CORPORATION 2013 FISCAL OPERATING & CAPITAL BU©GET January 9, 2013 through December31, 2093 Short Form Prepared By South Bend Public Transportation Accounting staff SOUTH BEND PUBLIC TRANSPORTATION CORPORATION SOUTH BEND, INDIANA 2013 FISCAL YEAR BUDGET REQUEST TABLE OF CONTENTS BUDGET ESTIMATE FOR 2013 PROJECTIONS/ ASSUMPTIONS 2013 Revenue Projection.................................................................................. .1 2013 Expense Projection................................................................................ 2 2093 Appropriations.................................................... .. .................................. .3 2013 Budget Assumptions................................................................................ .4 2013 Budget Policy Statements.............................—.................................,...... .6 2013 Budget Summaries by Category—All Accounts....................................... .7 2013 Capital Requirement......................................... 16 M ((D, O � O 0 O O If) O O O N , CV F- U Z w 0 uj v LO r N Q O C7 O s- CO a0 O (D n pOp 0 Q L] od T r (O\E N N M C7 O N 'rt O O ¢ CS Z L J 1!J }- O C) OD f*1 N CD O C3 h a ° �n a a o r- cD o 0 0 0) 6 © o r co 0 � o (,1 v o o ¢ o r; o 03 r Z o C14 C 4 N M N r �O CO r O M L✓ Q e- CV 'sY N Z 0 69 64 69LL 69 4A 64 64 63 64 64 b4 69 E9 f/} ® M O O O O N Q M f•7 O N WN Q o O CA C7 M D ti O N M 0 s' lh a0 M OO C7 M (D N O N N N r O� ® a 63 64 69- 64 69 Q„ 69 64 64 64 69 69 64 64 6% M 64 Lo N N O O O N w ONO O "�� C7 CO p 0 O r^ p O O G) r- > N C? r N lOC7 N O I Nr O tc (� of fD rt N .-- N fN r FH 69 69 69 64 64 64 69 69 64 6g b9 64 .,.� CO eW 64 V} 64 O (p N rA O O O O N w C? 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C O N Q V Cf r N CND CC4V C��C CV Z co N m (D 00 !� `t N M CAL N z @ Ct r r ci Cn a. X H 69 69 tF) } 6% t 69 oil. t400 tf} to 64 X U LU O (D (D !I- C� 0 r 1 j ' CJ�} CD N ' C Com- m G CV O a tv cv N I CC) r- 94 � N (tt :3 ITn IR d' •- �- CT) d1 ZV9i tR 6 T Iml to t9 01 6% 64 69 69 4!4 W m g 0 a� 0 J �' a H Q O E O OL K x iT- w to AD � ro to Cn o c� 0 ca ` 0 U N N j (D U C m LO Fes- (A 11 U) O 1 —1g 1 I I 1 H 11 1 TRANSPO Budgeted Appropriations 0 eratin Bud et Ca ital Bud et Total 2013 Category 2013 2012 2013 2012 A ro riations Personnel Services 6,839,556 6,697,424 6,839,556 Other Services and Charges 1,469,620 1,423,485 1,469,620 Supplies 1,240,477 1,498,667 1,240,471 Capital Outlays 390,000 220,668 795,904 413,354 1,185,904 Total Appropriations $ 9,939,646 1 $ 9,840,244 $ 795,904 $ 493,354 $ 10,735,551 3 "t-V-�p r I 2013 OPERATING BUDGET ASSUMPTIONS REVENUES: Federal, State, and Local: Given past and continued success in securing adequate capital funds through congressionally designated funding for major capital projects, we are able to continue to avail ourselves of annual federal capital formula grant funds toward preventative maintenance and education/training, making such funds available to the operations budget. In 2012, the State of Indiana has fixed PMTF rate for the next two years and has made it a line item in the State's Budget. We based the 2013 PMTF revenue on 2092 actual approved budget. This caused our budget figure to be decreased 20% from 2012 budget. Property Tax revenue was budgeted at $199,200 more than prior year, due to the receipt of tax revenue in June 2012 that was over budgeted figures for the first installment. Ridership and Leases: Farebox revenues from regular services include a 4.03% increase from our 2012 forecasted levels. The revenue increase is due the service changes that occurred April 2012, They did not have as drastic of an effect on ridership that was originally estimated. However, TRANSPO ACCESS has realized an increase in ridership since 2008 and is expected to continue this trend in future years. Lease revenues reflect current tenant agreements and renewals of existing contracts. EXPENSES: Employee Wages and Benefits: TRANSPO will see an increase in wages for bargained for employees in 2013, due to the finalization of a three year collective bargaining agreement. Employee benefits reflect an estimated seven percent increase over 2012. This increase is mainly due to an estimated increase of five percent in health insurance. Other benefits reflect current bargaining agreement terms and contingencies for future premiums given their historical trends. Vehicular and O eratin : Vehicular and commercial insurance costs decrease from the 2012 budget. Diesel fuel has been budgeted at an average of$3.06 per gallon and gasoline at $3.30 per gallon. Both of these markets have been extremely volatile and it is projected that future world developments could cause costs to increase. Utilities' Utility costs have been budgeted at 1% less than 2012 forecasted levels, due to TRANSPO cost savings experienced in the new Administration, Maintenance and Operations facility. 4 Marketing: Marketing contracts, services, and advertising placement accounts have been decreased to reflect an estimated decline in the focal funding. TrAINDR: The 2013 budgeted amounts decreased from 2012 budgeted provisions, TRANSPO plans to use federal grants to offset most of the cost associated with training. The current budget provides continued opportunities for all positions. Transfer — Ca ital Im rovement Fund/Restricted Liabilit Reserve: The 2092 budget provides the opportunity to transfer up to $747480 to the Capital Improvements fund for future capital expenditures or deposit op to $74,480 into a restricted liability reserve account, to be used for general liability purposes. D UPON THE ADOPTION OF THE ANNUAL BUDGET BY THE SOUTH BEND PUBLIC TRANSPORTATION BOARD OF DIRECTORS, A MONTHLY BUDGET, BASED ON HISTORICAL AND FUTURE TRENDS, WILL BE ESTABLISHED, THIS WILL HELP FACILITATE THE MONTHLY REVIEW OF FINANCIAL REPORTS BY BOARD MEMBERS AND INTERNAL MANAGEMENT. 5 2013 OPERATING BUDGET POLICY STATEMENTS FINANCIAL CAPACITY: I. The proposed budget does not reflect any fare changes. A fare analysis may be conducted and recommendations will follow, based upon the results of the analysis. 2. Management will continue to search for investment, grant and funding opportunities so as to maximize revenues. 3. Management will assure cash handling practices to safeguard funds in its protection and toward timely collection of funds owed. SERVICE POLICY: 4. A review of current services levels will be conducted and recommendations will follow based upon the results of the analysis. 61 Management will continue to work within the current FTA charter regulations and existing agreements with private charter providers in order to provide charter services. 6. Curb-to-curb ACCESS service will be provided in accordance with all applicable FTA guidelines. MANAGEMENT: 7. A professional workforce will carry out our Mission Statement. Management will assure faimess, even-handedness, consistency, and effective Equal Employment Opportunity and Affirmative Action policies and practices. 8. Assumes continuation of team development, employee recognition, and continuation of increased opportunities for employee training. 9. Assumes continued pursuit of programs of wellness and accident prevention in an effort to stem, to whatever extent possible, rising insurance costs. 6 TRANSPO 2013 BUDGET SUBMISSION DEPARTMENT. All ACCOUNT TITLE: Salaries & Wages Summary 2011ACTUAL $ 4,725,499 2013 BUDGET REQUEST $ 4,910,940 2012 AS OF 6130 $ 2,191,822_ 2092 APPROVED BUDGET $ 4,628,069 2010 ANNUALIZED $5,217,623 BUDGET CHANGE $ 282,871 Account Title 2011 Operators $2,907,250 $ 3,081,293 Access Drivers & Clerk Operations Administration 338,814 344,042 332,377 308,637 Revenue-Vehicle Maintenance 546,009 Maintenance Administration 124 660,673 945 66 945 Non-Revenue-Vehicle Maintenance 103,392 102,038 Generai Administration 305 2$2 289,317 Total $4,628,069 $ 4,910,940 7 TRANSPO 2013 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Fringe Benefits Summary 2011 ACTUAL $1,789,950 2013 BUDGET REQUEST $ 1,928,616 2012 AS OF 06130 $ 962,334 2012 APPROVED BUDGET $ 1,800,675 2011 ANNUALIZED $1,924,667 BUDGET CHANGE $ 127,941 Account Title 2012 2013 FICA $ 354,047 $ 375,687 Pension plan 211,694 211,694 Medical insurance 1,015,710 1,101,551 Dental insurance 42,957 44,154 Life Insurance 20,926 26,730 Short-Term Disability 16,031 18,412 Unemployment Insurance 12,423 12,423 Worker's Compensation 77,120 88,198 Uniforms 46,267 46,257 Tool Allowance 3,500 3,800 Total $1,800,675 $ 1,928,616 8 TRANSPO 2013 RUIDGPT suBMlssION DEPARTMENT: All ACCOUNT TITLE: Services Summary 2011 ACTUAL $ 929,788 2013 BUDGET REQUEST $ $24,826 2010 AS OF 06/30 $ 506,672 2012 APPROVED BUDGET $ 714,216 2010 ANNUALIZED $1,013,344 BUDGET CHANGE $ 110,610 Account Title 2012 2013 Management Service l=ees $ 253,407 $ 247,577 Advertising Fees 6,000 7,500 Professional & Technical 246,039 254,039 Tuition & Registration - Employees Tuition & Registration - Board Temporary Help 5,000 Contract Services Operations 2,500 21,750 Contract Services Maintenance 120,000 139,150 Contract Services Administration 9,960 100,000 3,260 Security Services 48,060 1 1 800 Physical Damage Repairs 35,000 Recoveries of Physical Damage Repairs 35000 (30,00o) (30,000) Total $ 714,216 $ 824,826 9 TRANSPO 2013 BUDGET"SU13MISSION DEPARTMENT: All ACCOUNT TITLE: Materials& Supplies Summary 2011 ACTUAL $1,854,522 2013 BUDGET REQUEST $ 1,240,471 2012 AS OF 06130 $ 779,074 2012 APPROVED BUDGET $ 1,457,331 2011 ANNUALIZED $1,558,148 BUDGET CHANGE (216,86o) Account Title 2012 2013 Fuel & Lubricants Operations $ 1,-121,729 $ 949,518 Fuel & Lubricants Maintenance 13,302 16,353 Tires & Tubes Operations 2,000 Tires & Tubes Maintenance 3,200 _ Materials & Supplies Operations 14,500 Materials & Supplies Maintenance 230,000 210,000 Materials & Supplies Marketing 45,600 37,600 Other Materials & Supplies Operations 6,000 6,000 Other Materials & Supplies Maintenance 3,600 3,600 Other Materials & Supplies General Administration 17,400 17,400 Total $ 1,457,331 $ 1,240,471 10 TRANSPO 013 BUDGET SUBMISSION DEPARTMENT: Administration & Maintenance ACCOUNT TITLE: Utilities ACCOUNT NUMBER: 505-0x50-00 506-0x2x_00 2011 ACTUAL $ 185,853 2013 BUDGET REQUEST $ 209,267 2012 AS OF 06130 $ 91,427 2012 APPROVED BUDGET $ 211,645 2012 ANNUALIZED $ 982,854 BUDGET CHANGE $ (2,37$ Account Title 20 -- 20113 Electricity $ 100,392 $ 98,014 Water & Sewage 16,654 $ 16,654 Trash Collection 5,000 $ 5,000 Telephone 10,351 $ 10,351 Natural Gas 79,248 $ 79,248 Totals $ 211,645 $ 209,267 11 TRANSPO 2093 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Insurance Summary 2011 ACTUAL $ 215,208 2093 BUDGET REQUEST $ 246,977 2012 AS OF 06/30 $ 101,485 2092 APPROVED BUDGET $ 324,873 2012 ANNUALIZED $ 202,971 BUDGET CHANGE — (77,896 Insurance - Liability & Physical Damage $ 239,992 Other Corporate Insurance 7,785 Total $ 246,977 12 TRANSPQ 2013 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Miscellaneous Summary 2011 ACTUAL $ 42,276 2013 BUDGET REQUEST $ 84,O70 2012 AS OF 06130 $ 16,888 2012 APPROVED BUDGET $__62,420 2011 ANNUALIZED $ 33,776 BUDGET CHANGE $ 21,650 Account Title 2012 _ -- 20'13 Dues & Subscriptions $ 28,420 Travel & Meetings $ 28,070 Donated Services 4'000 2,000 Promotion 16,000 Advertising Placements 2,000 9,000 28,000 Interest Expense 38,000 Miscellaneous - - Total $ 62,420 $ 84,470 -------_ 73 TRANSPO 2011 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Tangible Property/Fixed Assets ACCOUNT NUMBER: 111-0101-00 through 111-0107-00 2012 ACTUAL. $ - 2013 BUDGET REQUEST $ 2011 AS OF 6/30 $ - 2012 BUDGET REQUEST $ BUDGET CHANGE $ This account is used for capital purchases in the operating fund. These are purchases for which there is no Capital Grant. It may be used for office equipment or furniture. Shop and Office Equipment $ 14 TRANSPO 2013 BUDGET SUBMISSIr%m DEPARTMENT: All ACCOUNT TITLE: Passenger Fares Summary ACCOUNT NUMBER: 413-0100_00 2011 ACTUAL: $ 1,401,657 2013 BUDGET REQUEST $ 1,408,314 2012 AS OF 06130 $ 710,316 2012 BUDGET REQUEST _L_1,346,826 BUDGET CHANGE: $ 61,488 Account Title 2012 2013 Passenger Revenue 875,169 Access Passenger Revenue 945,333 35,152 Access Punch Card Revenue 57,553 35,366 Passport Revenue 61,967 Student Pass Revenue 173'534 185,675 Tripper Revenue 56' 28,320 9,6223 3 Two Ride Pass Revenue 90,958 9,783 Two Week Pass 47,957 65,334 76,537 $ 1,346,826 $ 1,408,314 15 2013 BUDGET SUBMISSION DEPARTMENT; All ACCOUNT TITLE: Transfer- Capital Improvement Fund/Reserve for Liability ACCOUNT NUMBER: 301-0104-00 2011 ACTUAL. $ - 2013 BUDGET REQUEST $ 74,480 2012 AS OF 05130 $ - 2012 APPROVED BUDGET $ _ BUDGET CHANGE $ 74,480 This account is used for the transfer to the Capital Improvement Fund for the "Local Share" or to fund a reserve for future liabilities. The Capital expenditures are detailed in the monthly Capital Improvement resolutions. $ 74,480 Detail of Capital Funds required to match existing grants on following page Total $ 74,480 16 � o , ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 2222 West Washin on, COUNCILMANIC DISTRICT Two 2 IN THE CITY OF SOUTH BEND, INDIANA Currently zoned Light Industrial and requesting rezoning to Community Business, with Special Exception. The building will be utilized for banquets, receptions, birthday, family, and community functions as well as being able to hold indoor and outdoor soccer functions. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A PARCEL OF LAND IN THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 2 EAST, KNOWN AS ARNOLD'S FIRST ADDITION (LOTS 1-44 VACATED ALLEYS AND STREET)TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT "A"IN THE RECORDED PLAT OF ARNOLD'S FIRST ADDITION TO THE SOUTH BEND-BATTEST REPLAT BY DOCUMENT NUMBER 0028276 AS RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 00'10'08" EAST ALONG THE WEST LINE OF SAID LOT "A", 420.77 FEET TO THE NORTH RIGHT-OF-WAY LINE OF THE PENN CENTRAL RAILROAD; THENCE NORTH 64'53'30" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, 973,44 FEET; THENCE NORTH 83'.11'21" EAST, 74.33 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WASHINGTON AVENUE; THENCE SOUTH 89'55'16" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE 806.41 FEET TO THE POINT OF BEGINNING. be and the same is hereby established as Community Business (CB) SECTION II. That a Special Exception for indoor/outdoor soccer facility in a Community Business CB zoning district is hereby granted subject to a site development plan hereby attache and made a part of this Ordinance and which site plan contains.and lists all conditions, if any, of approval. SECTION III. 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 Cou cil oldM S Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20 , at o'clock M. City Clerk Approved and signed by me on the day of - , 20._ , at o'clock .m. Mayor of the City of South Bend, Indiana Red in, � J st RVADiNG. PUBLIC HEARING � 3r8 READING .v M.. ".. _... .. NOT APPROVED REFERRED - .. PASSED PETITION FOR A COMBINED HEARING City of South Bend,Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance,to grant a Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s): 1) The property sought to be rezoned is located at: 2222 W.Washington St. St Jose h Coun U, South Bend,Indiana 46619 2) The property Tax Key Number(s)is/Are: 018-4097-361201 3) Name and address of property owner(s)of the petition site: Manuel Villegas Marco Villegas 4351 Fox Fire Drive 3432 West 66t�Street South Bend,Indiana 46628 Chicago,Illinois 60629 (574)855-8001 (708)250-2893 For additional owners, reprint additional pages with signatures 4) Name and address of contingent purchaser(s),if applicable: NONE. Name Address City, ,State Zip Code �.�.�..:+ .................... Phone number with Area Code ir`; ': For additional owners, reprint additional pages with signatures 5) It is desired and requested that this property be rezoned: From: (LI)Light Industrial To: (CB) Community Business 6) This rezoning is requested to allow the following use(s): Banquet Hall and Indoor/Outdoor Soccer Facility. As a reminder, last year on or about March 2011 the ABZA recommended,and the Common Council passed,my clients petition asking that the area be rezoned from"LI"to"CB"to allow the use of the premises as an indoor/outdoor recreational soccer facility. We are simply refilling the petition,as my client also wants to use the facility as a banquet ball during the soccer off season. My client's petition in 2011 was granted without further hearing. 7) If applicable,a detailed description and the purpose of the variance(s)being requested; a) Variance from the required 393 parking spaces to a minimum of 207 parking spaces shown. • The two uses will not be used at the same time. It is anticipated that the use for banquet hall will not be at the same time as any scheduled soccer practice or game. In either event,there is ample space on the demised lot for parking for either event. Due to the size of the premises,the code requires 393 parking spaces, The Banquet hall rental does not expect to exceed parking spaces for soccer games or banquet receptions. b) Variance to allow parking in 15 ft.front-yard setback. • This is not a new construction. This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. C) Variance to allow parking in 10 ft.rear-yard setback. • This is not a new construction. This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. d) Variance from providing 14 interior landscape islands for parking to 13 shown. • This is not a new construction. This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. • Space is limited,in order to include the 14 interior landscape islands will take away some of the designated parking spaces. e) Variance from providing landscape screening for shown parking spaces along public streets to no landscape screening. • This is not a new construction. This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. • Space is limited,in order to include the required landscape screening may take away some of the designated parking spaces. Due to the existing structure,said screening is impossible. f) Variance from providing a minimum 24 ft.wide asileway in parking area to a minimum 22 ft. • This is not a new construction This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. • The reduction to 22 feet will not necessarily reduce the safety of any persons present. g) Variance from providing a minimum 6 ft,wide facade landscape area along Washington Street to no facade landscape area. • This area has been previously paved. • This is not a new construction.. This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. h) Variance from providing at a m nimum one(1)over-story deciduous tree at a rate of one(1)tree every 40 ft. along site perimeter to providing said trees only along the improved portion of the site along Washington street as shown. • This is not a new construction" This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. • Due to the prior pavement and limited space to work with,there is not enough space. We believe the submitted plans substantially conform to the City's requirement. i) Variance to allow a 7 ft.high chain link fence with security wire along frontage of Washington Street and Olive Street. • This is not a new construction. This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. • The fence will serve to separate vehicles and pedestrians on Washington from entering at unauthorized,unsafe points and provide the property security from any criminal element. ., ..., i ..P. ly PETITION FOR A COMBINED BEARING City ofouth Bend,Indiana I(we)the undersigned make application to the St.Joseph County Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is Iocated at: 2222 W. Washington St., St Joselph County, S.Bend, Indiana 46619 2) The property Tax Key Number(s)isfare. 018-4097-361201 3) Name and address of property owner(s)of the petition site: Juan Ramierez 3801 W. Sherman Avenue Lincoln Wood,Illinois 60712 (312)666-8888 For additional owners, reprint additional pages with signatures 4) Name and address of contingent purchaser(s),if applicable: NONE. Name ... Address City, State Zip Code Phone number with Area Coderg ? 'z1 PY..YyAYJThMAN" For additional owners, reprint additional pages with signatures 5) It is desired and requested that this properly be rezoned: From: (LI)Light Industrial To: (CB)Community Business 6) This rezoning is requested to allow the following use(s): Banquet Hall and Indoor/Outdoor Soccer Facility. As a reminder, last year on or about March 2011 the ABZA recommended,and the Common Council passed,my clients petition asking that the area be rezoned from"LI"to"CB"to allow the use of the premises as an indoor/outdoor recreational soccer facility. We are simply refilling the petition,as my client also wants to use the facility as a banquet hall during the soccer off season. My client's petition in 2011 was granted without further hearing. 7) If applicable,a detailed description and the purpose of the variance(s)being requested: a) Variance from the required 393 parking spaces to a minimum of 207 parking spaces shown. • The two uses will not be used at the same time. It is anticipated that the use for banquet hall will not be at the same time as any scheduled soccer practice or game. In either event,there is ample space on the demised lot for parking for either event. Due to the size of the premises,the code requires 393 parking spaces. The Banquet hall rental does not expect to exceed parking spaces for soccer games or banquet receptions. b) Variance to allow parking in 15 ft.front-yard setback. • This is not a new construction. This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. C) Variance to allow parking in 10 ft.rear-yard setback. • This is not a new construction. This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. d) Variance from providing 14 interior landscape islands for parking to 13 shown, • This is not a new construction.. This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. • Space is limited,in order to include the 14 interior landscape islands will take away some of the designated parking spaces. e) Variance from providing landscape screening for shown parking spaces along public streets to no landscape screening. • This is not a new construction. This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. • Space is limited,in order to include the required landscape screening may take away some of the designated parldng spaces. Due to the existing structure,said screening is impossible. f) Variance from providing a minimum 24 ft.wide asileway in parking area to a minimum 22 ft, • This is not a new construction. This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. • The reduction to 22 feet will not necessarily reduce the safety of any persons present. g) Variance from providing a minimum 6 ft.wide facade landscape area along Washington Street to no facade landscape area. • This area has been previously paved. e This is not a new construction. This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. h) Variance from providing at a minimum one(1)over-story deciduous tree at a rate of one(1)tree every 40 ft. along site perimeter to providing said trees only along the improved portion of the site along Washington street as shown. • This is not anew construction. This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. • Due to the prior pavement and limited space to work with,there is not enough space. We believe the submitted plans substantially conform to the City's requirement i) Variance to allow a 7#t.high chain link fence with security wire along frontage of Washington Street and Olive Street. • This is not a new construction. This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. • The fence will serve to separate vehicles and pedestrians on Washington from entering at unauthorized,unsafe points and provide the property security from any criminal element. 8) A statement on how each of the following standards for the granting of variances is met: (a) The,approval will not be injurious to the public health, safety,morals and general welfare of the community: My client's would like to utilize the building for a Banquet Hall and an indoor, community based soccer facility at this location. My client's proposed plan for this location will significantly improve the area,the neighborhood, and the City of South Bend's overall plan for growth. Granting the petition will improve the safety, comfort, community standards, and general well-being of the neighborhood. Remember,it is still a neighborhood. The property in question is lined with commercial properties directly to the South, and residential properties directly to the North The properties prior use was an industrial warehouse. Many commercial trucks and traffic ingress and regress from the location. The current proposed use will not entail dangerous commercial trucks or traffic flowing about ` the area. No heavy machinery or equipment will be used for the day-today operation. Because the proposal is for a Banquet Hall and an indoor soccer facility, other than parking all activity will be conducted inside the current building. More than ample parking is available for the proposed use. The site for the Banquet Hall and indoor soccer facility is located in one area; there will be no need to cross the street for parking. The plan provides for safe vehicular and pedestrian access, including emergency vehicles. Neighborhood street parking and noise will be reduced by centralizing the parking location and eliminating commercial vehicles. Because the whole area is fenced in safety has been maximized. All utilities necessary for this use are already present. The location itself is secluded from the other commercial properties in the area by virtue of its enclosed perimeter and triangular shape. Proposed signs and exterior lighting, although not finalized, are expected to minimize neighborhood safety concerns and will be compatible with the surrounding properties via City site plan approval The proposed use will not entail the need to consider industrial environmental hazards and will be a friend to the environment when compared to the heavy industrial use of the property by the previous owners. Further, the current property has sat vacant; deteriorating for the at least the past six(6)years. My client's proposed use and improvement of the property will bring a fresh,new, and exciting business to the area. The neighborhood will benefit. New jobs and a tax base will be created. The proposed improvements and use of the location will be in line with community moral standards by bringing a family oriented community center to the area. Children and their families will have a safe place to go after school and hold family oriented activities such as Quinceneras,wedding receptions,birthday parties,and family reunions There exists the potential for future sporting or other similar venue events at this location. This proposal and plan anticipates other present business expansion and economic benefits to the City by offering current thriving business a commercially viable partnership. (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and: The neighboring properties, being within a light industrial zone, will not suffer any negative impacts. The proposed use is for a banquet ball/indoor soccer facility,which is akin to a commercial use. The future improved site will increase property values and will energize the area. The use of the property as a community-oriented business will enhance both commercial and residential property values. The neighboring commercial and residential property owners will benefit from investing entrepreneurs attending commercially viable soccer games and practices and the ability to hold functions to celebrate as well. Because there is no other similar business in the area like this proposed banquet hall/indoor soccer facility,current businesses will not be subject to competing financial interests. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Light Industrial does not allow the property to be used at its most potential. Light Industrial does not allow this property to be used as a banquet facility. This property has already been approved by ABZA and the Common Council for use as an indoor/outdoor soccer facility. Allowing the premises to be used as both an indoor/outdoor soccer facility and banquet hall will maximize this properties potential. Not allowing this request will result in the property owners abandoning their already approved use of these premises as a soccer facility. 9) if not clearly shown on the Preliminary Site Plan,a site plan showing the requested variances shall also be submitted The requested variances are clearly described on the attached site plan. 10) if applicable,a detailed description and purpose of the Special Use(s)being requested: The proposed banquet hall/indoor soccer facility fosters the City's"Smart Growth"plan by fostering an attractive community site with a central sense of place allowing community neighbors to interact. The community comes here to enjoy their families. The City's cultural infrastructure is strengthened by the development of a community-oriented location that can offer residents and partners to safe place to interact with any number of interests and/or the planning neighborhood activities. 11) A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed use will not be injurious to the public health, safety,comfort, community moral standards, convenience or general welfare: My client's would like to utilize the building for a Banquet Hall and an indoor,community based soccer facility at this location. My client's proposed plan for this location will significantly improve the area,the neighborhood, and the City of South Bend's overall plan for growth. Granting the petition will improve the safety, comfort, community standards, and general well-being of the neighborhood. Remember,it is still a neighborhood. The property in question is lined with commercial properties directly to the South, and residential properties directly to the North. The properties prior use was an industrial warehouse. Many commercial trucks and traffic ingress and regress from the location. The current proposed use will not entail dangerous commercial trucks or traffic Bowing about the area. No heavy machinery or equipment will be used for the day-to-day operation. Because the proposal is for a Banquet Hall and an indoor soccer facility, other than parking all activity will be conducted inside the current building. More than ample parking is available for the proposed use. The site for the Banquet Hall and indoor soccer facility is located in one area; there will be no need to cross the street for parking. The plan provides for safe vehicular and pedestrian access, including emergency vehicles. Neighborhood street parking and noise will be reduced by centralizing the parking location and eliminating commercial vehicles. Because the whole area is fenced in safety has been maximized. All utilities necessary for this use are already present. The location itself is secluded from the other commercial properties in the area by virtue of its enclosed perimeter and triangular shape. Proposed signs and exterior lighting, although not finalized, are expected to minimize neighborhood safety concerns and will be compatible with the surrounding properties via City site plan approval The proposed use will not entail the need to consider industrial environmental hazards and will be a friend to the environment when compared to the heavy industrial use of the property by the previous owners. further, the current property has sat vacant, deteriorating for the at least the past six(6)years. My client's proposed use and improvement of the property will bring a fresh,new, and exciting business to the area. The neighborhood will benefit. New jobs and a tax base will be created. The proposed improvements and use of the location will be in line with community moral standards by bringing a family oriented community center to the area. Children and their families will have a safe place to go after school and hold family and community oriented activities such as Quinceneras,wedding receptions,birthday parties,and family reunions. There exists the potential for future sporting or other similar venue events at this location. This proposal and plan anticipates other present business expansion and economic benefits to the City by offering current thriving business a commercially viable partnership. (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: The neighboring properties, being within a light industrial zone, will not suffer any negative impacts. The proposed use is for a banquet hall/indoor soccer facility,which is akin to a commercial use. The future improved site will increase property values and will energize the area. The use of the property as a community-oriented business will enhance both commercial and residential property values. The neighboring commercial and residential property owners will benefit from investing entrepreneurs attending commercially viable soccer games and practices and the ability to hold functions to celebrate as well. Because there is no other similar business in the area like this proposed banquet hall/indoor soccer facility, current businesses will not be subject to competing financial interests. (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein;and: The proposed use of the area is located within a commercially light industrial area, with many other situated commercial properties. Direct to the North of this properly is a large residential community, directly to the South a commercial community. The proposed use is not a residential proposal. The addition of my client's commercial business plan is consistent with this area's established character. The proposed use is anticipated to be received favorably by the community. The anticipated use is consistent with the overall character of the district. Family orientated with a flavor of locally owned commercial enterprise. (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The proposed banquet hall/indoor soccer facility fosters the City's "Smart Growth" plan by fostering an attractive community site with a central sense of place allowing community neighbors to interact. The community coaxes here to enjoy their families. The City's cultural infrastructure is strengthened by the development of a community-oriented location that can offer residents and partners to safe place to interact with any number of interests and/or the planning neighborhood activities. 12) In the case of a Special Exception,the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. Does not apply in this case. 14) Attached,and made a part of this PETI'T'ION,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) 17 site plans;and (d)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): Attorney Micbael L.Lipsky 115 S.Lafayette Blvd. #116 ` South Bend,Indiana 46601 Ph: (574)387 4744 Fax: (574)387-4743 PGA,i+-i&A ee I Lipshyp,livEbylawoffices.com, CONTACT PERSON: (If different) Name Address City, State Zip Code Phone number with Area Code EMadd Address LI, � a � PRELMNARY SITE PLAN REQUIREMENTS:City of South Bend,Indiana Tabulated(listed)Data I. Land Coverage: LAND COVERAGE AREA %OF TOTAL AREA Total: 4.33 acres 188,782 sf 100% a. buildings(ground floor only) 9,670 sf 5.12% b. parking&loading,and drives 80,500 sf 42.64% c. open space(yards,landscaping,etc) 98,612 sf 52.24% 2. Proposed land uses&floor area(e.g.bank,retail shopping center,office,pizza parlor,apartments) USE FLOOR AREA %OF TOTAL FLOOR AREA BUILDING HEIGHT a. Banquet Hall& Indoor Soccer 9,670 sf 10011/0 1 story; 21 ft Total. 9,670 sf 100% For apartments&group units:list number of units;number of bedrooms/unit;estimatedpopulation;density 3. Parking ratios per use as required by ordinance,and number of spaces to be provided. One(1)space 25 sf of floor area in public use,plus one(1)space per employee;number of spaces required for 9,670 sf of public use floor area and six(6)employees..........393 spaces Number of spaces provided..............................194 spaces Total proposed............................................194 spaces Number of handicapped.....................................7 spaces 4. Sewer and water facilities Current: public water;public sewer Proposed: public water;public sewer 5. Name of engineer, Danch,Harper&Associates,INC 'EP 5 Z0 f 1643 Commerce drive a W South Bend,Indiana 46628 Mat?oed Information(drawn to scale) I. North arrow,written and graphic scale,date. 2. Location of buildings and uses. 3. Boundaries of property with dimensions. 4. Location of buildings,uses and easements. 5. Location and composition of open spaces,landscape planting areas and buffer strips. 6. Location of parking and loading areas,entry and exit drives. 7. Abutting public and private streets. 8. Building and parking setbacks. 9. Location,height, size and type of sign(s), 10. Topography and other natural features. 11. Sanitary,storm sewer,and public water connections;or,private well and septic system locations. NOTE:additional information may be required during the review process so that the Commission can make an informed decision. cels County Parcels Rec PARCELID MAILIN13AD MAIL MAILIN PROP ADD PRO PROP NAME_1 D MAILINGCIT INGS GZIP R PROP, CITY P S ZIP 018-2021- DAVIS LEON 203 Tuxedo 106 1 4649 V.AND L015 Dr South Bend IN 46615 CARLISLE South Bend IN 46628 018-4096- ST JOSEPH County City 2 358101 COUNTY Building South Bend IN 46601 142 OLIVE South Bend IN 46619 JABEZ 018-4096- HOLDINGS 4625 W 3 3579 LLC WESTERN South Bend IN 46619 137 OLIVE South Bend IN 46601 018-2023- JARA 1225 Grace 4 0713 CRISTINA St South Bend IN 46619 126 SADIE South Bend IN 46619 HABITAT VIL ADJ 114 018-2021- FOR 402 E South CARLISLE 5 0642 HUMANITY St South Bend IN 46601 ST South Bend IN 46628 CITY OF SOUTH BEND BOARD OF 1018-2023- PUBLIC 227 W 6 0723 WORK Jefferson South Bend IN 46601 106 SADIE South Bend IN 46628 CITY OF SOUTH BEND, INDIANA/BO ARD OF Rm 1308 2211 018-2023- PUBLIC County/City WASHINGT 7 0724 WORKS Bldg South Bend IN 46601 ON South Bend IN 46619 2209 018-2023- TROTTER WASHINGT 810725 JAMES C SR 125 Olive St South Bend IN 46628 ON South Bend IN 46628 BATTEAST WAREHOUS E VAC LOT 018-4097- PARTNERS 430 E WASHINGT 9 361202 HIP Lasalle Ave South Bend IN 46617 ON South Bend IN 46617 VAC LOT 53 018-2020- TROTTER WASHINGT 100612 JAMES C SIR 125 Olive St South Bend IN 46628 ON South Bend IN 46628 LENOX 2203 018-2020- IDELL 2203 W. 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AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1243& 1247 CAMPEAU, SOUTH BEND, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA A STATEMENT OF PURPOSE AND INTENT The rezoning from SF-2 to MF-1 is requested to allow for a group residence that will house up to four unrelated individuals. Logan has been approved by the State to provide residential habilitation services to people in their own homes. The NNRO desires to build a house for Logan,to accommodate four clients who have become independent enough to live by themselves with some scheduled supervision. This group residence requires a zoning designation of MF-1 with a special use exception to allow for up to four unrelated individuals in one house. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Parcel#1: 1243 Campeau (Key#018-5092-2355) Lot Numbered Two Hundred Eighty(280)as shown on the recorded Plat of the Third Addition of Park Place to the City of South Bend, recorded April 12, 1905, in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 8,page 192, excepting therefrom a strip of land 5 feet in width, North and South, taken off of andftoin the entire width of the South end thereof,for street purposes in St. Joseph County, Indiana. Parcel#2: 1247 Campeau (Key#018-5092-3256) Lot Numbered Two Hundred Eighty-one (281) as shown on the plat of the Third Addition to Park Place to the City of South Bend recorded in the Office of the Recorder of St. Joseph County, Indiana, EXCEPTING therefrom a strip of land five feet in width, north and south, taken off of and from the entire width of the south end thereof taken for street purposes be and the same is hereby established as MF-1. SECTION 11. That a Special Exception for up to four unrelated individuals Iivin ire one Douse in a MF-1 zoning district is hereby granted subject to a site development plan hereby attache and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION 111. 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. � 09-m 1,� G /� Member of the Common Counq1 and Attest: en's fzzowa, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of at o'clock m. City Clerk Approved and signed by me on the day of at o'clock m. Mayor of the City of South Bend, Indiana rD ,I g PrADING PUBLIC HEARING JOH-P V 3 rd READING CITY N, NOT APPROVED ERRED RASSED PETITION FOR A COMBINED HEARING CV ofS'outh Beni Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance,to grant a Special Exception as herein requested and to the Area Plain Commission to grant the following variance(s): 1) The subject property is located at 1243&1247 Campeau,South Bend,IN 46617 2) The property Tax Key Number(s)is/are: Key i# 1018-5092-3255 Key#2 018-5092-3256 3) Name and address of property owner(s)of the petition site: Northeast Neighborhood Revitalization Organization,Inc. 803 Lincoln Way West South Bend,IN 46616 574-289-1066 deaandrews(a-,'abheritnie, g 4) Name and address of contingent purchaser(s),if applicable: Logan Community Resources Inc. 2505 L Jefferson Blvd. South Bend,IN 46615 574-289-4831 Icyggg@ oo�ancenter.org For additional owners,reprint additional pages with signatures 5) It is desired and requested that this property be rezoned: From: SF-2 To: MF-1 b) This rezoning is requested to allow the following use(s): The rezoning from SF-2 to MF-1 is requested to allow for a group residence that will house up to four unrelated individuals. Logan has been approved by the State to provide residential habilitation services to people in their own homes. The NNRO desires to build a house for Logan,to accommodate four clients who have become independent enough to live by themselves with some scheduled supervision. This group residence requires a zoning designation of MF-1 with a special use exception to allow for up to four unrelated individuals in one house. 7) If applicable,a detailed description and the purpose of the variance(s)being requested: N/A 8) A statement on how each of the following standards for the granting of variances is met: N/A (a) The approval will not be injurious to the public health, safety,morals and general welfare of the community: (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse*Wanner, (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: 9) If not clearly shown on the Preliminary Site Plan,a site plan showing the requested variances shall also be submitted. N/A 10) If applicable,a detailed description and purpose of the Special Exception(s)being requested: The rezoning from SF-2 to MF-1 is requested to allow for a group residence that will house up to four unrelated individuals. Logan has been approved by the State to provide residential habilitation services to people in their own homes. The NNR(1 desires to build a house for Logan,to accommodate four clients who have become independent enough to live by themselves with some scheduled supervision. This group residence requires a zoning designation of MF-1 with a special use exception to allow for up to four unrelated individuals in one house. 11) A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed use,a group residence for not more than four unrelated individuals who will be under the supervision of Logan Community Resources,inc.,is not injurious to the public Health, safety,comfort,community moral standards,convenience or general welfare. The four individuals who will live in this house will be residents of the community,going to their jobs and living quietly,needing only occasional supervision from Logan. (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: The much of the property around 1243 and 1247 Campeau is vacant or empty lots. The construction of a new home,that could be returned to single family if need be,can only enhance the property values. (c) The proposed use will be consistent with the character of the,dsrict in which it is located and the land uses authorized therein. The house is being designed to fit into the district and its use will be residential,conforming with those houses that still remain. (d) The recommendations of the City of South Bend Comprehensive Plan for this area indicate a continuity of its current use,which is medium density residentiaL The proposed use for the Campeau properties reflects these recommendations and will in fact be a positive influence in this direction. 12) In the case of a Special Exception,the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) 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) 17 site plans;and (d)addressed,stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: PROPERTY OWNER: Dea Andrews Northeast Neighborhood Revitalization South Bend Heritage Foundation Organization, Inc. 803 Lincoln Way West South Bend, IN 46616 674-289-1066 ext 215 Margue-0te A. Taylor, Secretary! degandr_ews ,sbheritage.org �.,[-� l' 4 h 1 Northeast Neighborhood Revitalization Organization Petition for Rezoning 1243 and 1247 Campeau, South Bend, IN Legal Descriptions Parcel #1: 1243 Campeau (Key #018-5092-2355) Lot Numbered Two Hundred Eighty (280) as shown on the recorded Plat of the Third Addition of Park Place to the City of South Bend, recorded April 12, 1905, in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 8, page 192, excepting therefrom a strip of land 5 feet in width, North and South, taken off of and from the entire width of the South end thereof, for street purposes in St. Joseph County, Indiana. 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Q W Q Z Z U) Z U) s f _ � � � U U) � w � Z � W � Z # i W W QU) i PROJECT INFORMATION 14'-0'R.O.W. EXISTING ALLEY y BUILDING 1247 CAMPEAU STREET ADDRESS: SOUTH BEND, IN 46617 o r 0^ 2s-11^ Q� 30'-r 1a-19' 10'-0' PARCEL ID: 018-5092-3255 PARKING CORNER SETBACK 018-5092-3256 LAND .30 ACRES 100% � I z I COVERAGE: I N I I I BUILDING FOOTPRINT: 2,218 S.F. 17% I °a I I PARKING: 858 S.F. 6.5% ? I i OPEN SPACE: 10,279 S.F. 76.5% z Mw [ I PROPOSED I I I ZONING: MF-1 FROM SF-2 o I i a I a CITY SEWER 4 1 9 CITY WATER I t2I YARD � I I I MP-# I I I PARKING 1 SPACE PER DWELLING REQ'S: 1-112 STORY I RESIDENTIAL 1 STRUCTURE 1 [ I I COVERED ! i o PORCH L____ ___ —___—_0-NE SETBACK j U 1 n N a z NEW 019.5092-3255 018092-3256 CfTY SIDEWALK 90'-4'P.L 1 i CAMPEAU STREET SEWERCONNECTiON _ _ r4- __ _ __._ _ — _ — _ _ - - - _____ — _.._. — - _I- Prekirninary Site Plan 1"=20'-0" Graphic Scale:1 inch=20 feet 0 20' 40' 60' 80' Logan Center on Campeau Preliminary Site Plan Project nsrne Logan Center on Campeau South Bend Heritage Foundation Deis 0910512012 SD100 Drawn by KB Checkedhy PL Scale t'=20'-0"