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HomeMy WebLinkAbout03-24-08 Council Meeting Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, MARCH 24, 2008 7:00 P.M. 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 08-22 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE JOHN ADAMS HIGH SCHOOL'S BOARD OF SHADOWY FIGURES FOR WINNING THEIR 8Tx STRAIGHT MOCK TRAIL STATE CHAMPIONSHIP 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL N0. 16-08 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH- SOUTH ALLEY WEST OF FRANKLIN STREET RUNNING FROM THE NORTH LINE OF THE CONRAIL RATLROAD RIGHT-OF-WAY ON THE SOUTH TO THE NORTH LINE OF THE PLAT OF SAMUEL L. STULL'S 2ND ADDITION TO THE CITY OF SOUTH BEND, SAID DISTANCE BEING APPROXIMATELY 1,210 FEET AND HAVING A WIDTH OF 7 FEET, ALSO THE FIRST EAST-WEST ALLEY SOUTH OF BROADWAY STREET AND WEST OF FRANKLIN STREET LAYING BETWEEN LOT #48 OF SAID SAMUEL L. STULL'S 2ND ADDITION TO THE CITY OF SOUTH BEND, AND LOT #61 OF SAMUEL L. STULL'S 1ST ADDITION OT THE TOWN OF MYLER, SAID DISTANCE BEING APPROXIMATELY 153.5 FEET AND A WIDTH OF 14 FEET 15-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $794,576.67 WITHIN FUND 209 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER-OLIVER PROJECT AREA 82-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19, SECTION 2- 213(a) OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE THE TABLE OF CODE VIOLATIONS AND PENALTIES 8. BILLS, THIRD READING BILL N0. TIME: 16-08 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH- SOUTH ALLEY WEST OF FRANKLIN STREET RUNNING FROM THE NORTH LINE OF THE CONRAIL RAILROAD RIGHT-OF-WAY ON THE SOUTH TO THE NORTH LINE OF THE PLAT OF SAMUEL L. STULL'S 2ND ADDITION TO THE CITY OF SOUTH BEND, SAID DISTANCE BEING APPROXIMATELY 1,210 FEET AND HAVING A WIDTH OF 7 FEET, ALSO THE FIRST EAST-WEST ALLEY SOUTH OF BROADWAY STREET AND WEST OF FRANKLIN STREET LAYING BETWEEN LOT #48 OF SAID SAMUEL L. STULL'S 2ND ADDITION TO THE CITY OF SOUTH BEND, AND LOT #61 OF SAMUEL L. STULL'S 1ST ADDITION OT THE TOWN OF MYLER, SAID DISTANCE BEING APPROXIMATELY 153.5 FEET AND A WIDTH OF 14 FEET 15-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $794,576.67 WITHIN FUND 209 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER-OLIVER PROJECT AREA 82-07 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19, SECTION 2- 213(a) OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE THE TABLE OF CODE VIOLATIONS AND PENALTIES 9. RESOLUTIONS RTT,T~ NO. 08-23 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3941 RIVERSIDE DRIVE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DEANNA BOYKINS 08-24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3702 WEST SAMPLE STREET, SUITE 1125 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TRIANGLE MACHINE, INC. 10. BILLS, FIRST READING BILL N0. 17-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,900 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALS MARKETING FUND (FUND NUMBER 273) FOR PURCHASE OF MORRIS PERFORMING ARTS CENTER TICKET STOCK 18-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN .THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; COUNCLMANIC DISTRICT ONE, WILLIAM A. GEYER, 52610 PORTAGE RD., SOUTH BEND, INDIANA 19-08 FIRST READING- ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF PORTAGE AVENUE FROM LELAND AVENUE EAST TO THE FIRST NORTH/SOUTH ALLEY WITH A DISTANCE OF 120 FEET, MORE OR .LESS AND A WIDTH OF 12 FEET 11. UNFINISHED BUSINESS A. REPORT FROM AREA PLAN COMMISSION 1. BILL NO. 12-08 - ANNEXATION/REZONING - CLEVELAND & LYNNWOOD B. NOTICE OF APPEAL - HISTORIC PRESERVATION COMMISSION 12. NEW BUSINESS A. UPDATES FROM COUNCIL MEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS B. MISCELLANEOUS 13. PRIVILEGE OF THE FLOOR A. PUBLIC PORTION B. UPDATE FROM COUNCIL MEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING 14. ADJOURNMENT TIME: ~~ Uanch, f-/arner ~ ~1 ssociates, /nc. MICHAEL J. DANCH, L.A. Land Surveyors . Professional Engineers RON HARNER, P.S. Landscape Architects . Land Planners Honorable Members of the City of March 3, 2008 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Vacation Petition for a 7 ft, wide North/South Alley West of Franklin Street South of Garst Street and North of the Conrail Railroad and a 14 ft. wide East-West Alley West of Franklin Street and North of the .Conrail Railroad: Dear Council Members: Our clients, the City of South Bend and City of South Bend Redevelopment Department, the Petitioners, are requesting the approval of the Vacation of a 7 ft. wide North/South Alley West of Franklin Street South of Garst Street and North of the Conrail Railroad and a 14 ft. wide East-West Alley West of Franklin Street and North of the Conrail Railroad all being in Samuel L. Stull's Second Addition to the City of South Bend. The reason for this request is to allow for the construction of the Transpo facility and the development of lots within a new subdivision being created by the City of South Bend in an area bounded by Sample Street on the North, Franklin Street on the East the Conrail Rail and Cotter Street on the South and Prairie Avenue on the West. The City and the Petitioners believe that vacating the above mentioned right-of-ways will not have a detrimental effect on the adjacent properties located along this portion of Chapin Street. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. . Sincerely, Michael J. Danch President. Danch, Harper & Associates MAR - 5 2008 dGRed ~1GG~,GE File # 080104 "C" Md. 1643 Commerce Drive ^ South Bend, IN 46628 office 574/234-4003 ^ 8001594-4003 ^ Fax 5741234-4119 208 West Mars Berrien Springs, MI 49103 office 2691471-3010 ^ Fax 2691471-7237 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF FRANKLIN STREET RUNNING FROM THE NORTH LINE OF THE CONRAIL RAILROAD RIGHT-OF-WAY ON THE SOUTH TO THE NORTH LZNE OF THE PLAT OF SAMUEL L. STULL'S 2~ ADDITION TO THE CITY OF SOUTH BEND, SAID DISTANCE BEING APPROXIMATELY 1,210 FEET AND HAVING A WIDTH OF 7 FEET, ALSO THE FIRST EAST-WEST ALLEY SOUTH OF BROADWAY STREET AND WEST OF FRANKLIN STREET LAYING BETWEEN LOT # 48 OF SAID SAMUEL L. STULL'S 2~ ADDITION TO THE CITY OF SOUTH BEND AND LOT # 61 OF SAMUEL L. STULL'S 1ST ADDITION TO THE TOWN OF MYLER, SAID DISTANCE BEING APPROXIMATELY 153.5 FEET AND A WIDTH OF 14 FEET. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates ,the above-described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF FRANKLIN STREET RUNNING FROM THE NORTH LINE OF THE CONRAIL RAILROAD RIGHT-OF-WAY ON. THE SOUTH TO THE NORTH LINE OF THE PLAT OF SAMUEL L. STULL'S 2~ ADDITION TO THE CITY OF SOUTH BEND, SAID DISTANCE BEING APPROXIMATELY 1,210 FEET AND HAVING A WIDTH OF 7 FEET, ALSO THE FIRST EAST-WEST ALLEY SOUTH OF BROADWAY STREET AND WEST OF FRANKLIN STREET LAYING BETWEEN LOT # 48 OF SAID SAMUEL L. STULL'S 2xD ADDITION TO THE CITY OF SOUTH BEND AND LOT # 61 OF SAMUEL L. STULL'S 1ST ADDITION TO THE TOWN OF MYLER, SAID DISTANCE BEING APPROXIMATELY 153.5 FEET AND A WIDTH OF 14 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 properties may be injuriously or beneficially affected by such vacating: Tax Key Number 18-8021-0849 Tax Key Number 16-8006-0283 Tax Key Number 18-8021-084905 Tax Key Number 18-8006-028301 Tax Key Number 18-8006-028001 Tax Key Number 18-6006-0286 Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number 18-8006-028601 Tax Key Number 18-8006-0289 18-8006-0290 Tax Key Number 18-8006-0291 18-8006-029101 Tax Key Number 18-8006-0296 18-8006-0297 Tax Key Number 18-8006-0302 18-8006-0303 Tax Key Number 18-8006-0308 18-8006-0309 Tax Key Number 18-8006-0314 18-8006-0315 Tax Key Number 18-8006-0320 18-8006-0321 Tax Key Number 18-8006-0326 18-8006-0327 Tax Key Number 18-8006-0333 18-8006-0332 Tax Key Number 18-8006-0338 18-8027-110402 Tax Key Number 1 8-8027-110401 18-8027-1107 Tax Key Number 18-8006-0344 SECTION IV. The purpose of the vacation of the real property is to allow for the construction of the Eddy Street Commons facility. The proposed project will use the proposed vacated right-of-ways. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the . day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of 2 , at o'clock . m. 1st READING PU6LiC HEARING 3 rd READING NOT APPROVED REFERRED PASSED -- Mayor, City of South Bend, Ind F~IOd [~ C~~t'lc'8 ®t~8~e MAR - 5 2008 JOHN VOORDE CITY CLERK, S0. BEND,IN. PETITION TO VACATE PUBLIC ALLEY RIGHTS-OF-WAY TO: THE COMMON COUNCIL DATE: FEBRUARY 18, 2008 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF FRANKLIN STREET RUNNING FROM THE NORTH LINE OF THE CONRAIL RAILROAD RIGHT-OF-WAY ON THE SOUTH TO THE NORTH LINE OF THE PLAT OF SAMUEL L. STULL'S 2~ ADDITION TO THE CITY OF SOUTH BEND, SAID DISTANCE BEING APPROXIMATELY 1,210 FEET AND HAVING A WIDTH OF 7 FEET, ALSO THE FIRST EAST-WEST ALLEY SOUTH OF BROADWAY STREET AND WEST OF FRANKLIN STREET LAYING BETWEEN LOT # 48 OF SAID SAMUEL L. STULL'S 2ND ADDITION TO THE CITY OF SOUTH BEND AND LOT # 61 OF SAMUEL L. STULL'.S 15T ADDITION TO THE TOWN OF MYLER, SAID DISTANCE BEING APPROXIMATELY~153.5 FEET AND A WIDTH OF 14 FEET. NAME (signed & printed) & ADDRESS Tax Key Number(s) Tax Key Number 18-6021-0849 Tax Key Number 18-8021-084905 City of South Bend 14~' Floor County-City Building 227 West Jefferson Blvd. South Bend; Indiana 46601 or Cit of South Bend Tax Key Number 18-8006-028001 Tax Key Number 18-8006-0283 Tax Key Number 18-8006-028601 Tax Key Number 18-8006-0290 Tax Key Number 18-8006-029101 Tax Key Number 18-8006-0297 Tax Key Number 18-8006-0303 Tax Key Number 18-8006-0309 Tax Key Number 18-8006-0315 Tax Key Number 18-8006-0321 Tax Key Number 18-8006-0327 Tax Key Number 18-8006-0286 Tax Key Number 18-8006-028301 Tax Key Number 18-8006-0289 Tax Key Number 18-8006-0291 Tax Key Number 18-8006-0296 Tax Key Number 18-8006-0302 Tax Key Number 18-8006-0308 Tax Key Number 18-8006-0314 Tax Key Number 18-8006-0320 Tax Key Number 18-8006-0326 Tax Key Number 18-8006-0333 2 Tax Key Number 18-8006-0332 City of South Bend, Department of Redevelopment 12`x' Floor County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Ai. For City of Sou Bend Department of Redevelopment CONTACT PERSON: Michael J. Danch NAME: Danch, Harney & Associates, Inc. 1643 Commerce Drive South Bend, Indiana A662B (574) 234-4003 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235-9221 ~ ~~~C~ F~le~ !n G~~t~ ~ MAR , ~ 2048 ~o~~vo~R~ eatN• c~ ~~.~~~~ ~~' ~' / ~~ 150.0' LEGAL DESCRIPTION:. ~ The first alley to be vacated is ~ the first East/West alley South of Broadway Street from Franklin I 0849 Street West to the first North/South alley for a distance of 150.5 feet, more or less, and a width of 14 feet. Being a ~ 1 part of 5tulll's 2nd Addition to ~ 18-802 the City of South Bend, Portage ~ Township, City of South Bend, St. Joseph County, Indiana. The second alley to be vacated is the first City of South Bend, St. Joseph County, Indiana. ~ North/South alley West of Franklin ~ Street from the North line of Lot 3, Stull's 2nd Addition to the North right of way line of the Norfolk and Western Railroad line ~ fora distance of 1,150 feet, more or less, and a width of 7 feet. Being a part of Stull's 1st and 2nd Addition to the City of ~ South Bend, Portage Township, ~ PENN C 1104. 02 0849. OS f '684 0849 0849 0280. O1 0283 0283. O1 0286 ~ 0286. O1 \\ I 0289 0290 0291 0292 0296 0297 0302 0303 0308 0309 0314 0315 0320 0321 0326 0327 0333 0332 0849 0849 0338 0338 3-80C 0338 0338 `L t--' W Z( J~ ~~ z~ QI ~I ~ BROADWAY ST. i i~ i ~TRAL R.R. 1107 2.04.01 ^0 18-$027 ~ ~ =+ 1107 - - - - - -~ 18-006 044 i~ / 0349 0349 V ~ ~ ao 0 ~ ~ m ~ ~ ~ `" ~2 _ ~ ~ x ~~ ¢ Qv ~ STULL ST. Property Owners Within 150 Feet Burton Investments of Indiana LLC 1220 Honan Dr South Bend, IN. 46601 Tax Key # 018 8027 110402 City of South Bend Dept. of Redevelopment 1200 County City Building South Bend, IN. 46601 Tax KPV #E n1 R Rn(1R nRR~ Peter J Nemeth & Peter H Mullen 1406 S Franklin St South Bend, IN. 46613 Tax Key # 018 8006 0338 BJR Investment Company Inc P.O. Box 7070 Westchester, IL. 60154 Tax Key # 018 8027 110401 ~US Railroad Vest, Corp. 703 Michigan Ave. Suite 4 LaPorte, IN. 46350 BJR Investment Company Inc. P.O.Box 7070 Westchester, IL. 60154 Tax Key # 018 8027 1107 Peter J Nemeth & Peter H Mullen 1406 S Franklin St South Bend, IN. 46613 Tax Key # 018 8006 0344 ~.. - 7 ~yy"~~ t' 9 ~P' A ~i -r~ p~-^ Z ~~ ~ 46~ ~ fl { :Yd d ~y~~~ ti "~_.....y rte- f :,r~;'l J cavil .,,.,e.._s.,,..... ~...,... ALLEY VACATION ~P-roc -~ t1 d ~- ew. :l„ 1= 18-8021 1 1 Q• ~ \> ~~ ' 3-008002 j O "3-- ' $ 1 -otBo.ofu ^ 1 ~ ~/ -0783 ? OOB3.01 I 1 •o4BG ; I ff.7r. 4 -o~3uaa ^ I 3 Rr. 0649. a I oe 49 ~ l0-0969 ~ ^ n S77lLL F1. 13.577 1 24. G 48 ° r I ' I1-0440 ". m Sr 1 ` I ~T' 0091 r59 I 01 •~U.ol o^ ~~-0090.a1 x1 -009G -0098 ~~--- -~T"--- a -0097 : -0049 I I J -0304 ,_ ; -0304 I ~ '~-•0303 : -~ -030! I ~ _ I 03oa q -c3r0 _ I }! ""~~-030 0 $ q- o~- ~ -0311 I ~\I_' I ~ x-0315 ^ ^ SJr"--0317 I 0390 : _ .0 ]3 I a' 4-031 ~ a3nn ~ I I 0306 -0308 ~ I ~--' =a~---- 18-eo21 -0347 . ~~ i dS~>w o ~ ~ ~ 34 -0349 1 rccl4 Q j •~ ^ BROADWA ~ _ OrB se - :~ ``^^ Nf.•03i0.01 vJ I ~8 ~ I u-~---- a 0 r; s N W N O W G N CENTRAL' i R R . Y54 = $ = 4G ~~ /°ENN. C r- r' ~G3 ~ 47 0• _ 153.5 ' • ,~ 1 NT -uoe~oz RA 18 8 • GO ~ "•/054 -IO3G }'--- •'~'----r ,55.1 ^ !¢ C az 3e 1 I pq-~ r3>' - - ~~- - 48 •l055 -/057 ^y •/064 ~ ,. -Ilo.~ol \~^ : ' _ rose -/OCO '~,~__- ~--- VT -roe3 _~---- I • ~e AC. I - 8 - 4 .~`' -io -ro 333• ~ S N ` 51 p.-0149 ;, •1059 •loGl ' G -/064 - O J I ~ ~ SJ _ ~ ~ 54 vo O 23 ~rora _ ~ ./o0q 8 - . /oeG ~f-h-/aB7 q 18-8027 ~ ~ 3 G9'~ ~ ~ ~ 53 41.1 /5l I3 /S9J 33 GO /G9.d .1 ` 'l ll`- //r r1 l0 n ~ „ 1 - O 4 • „ l q - p ~ ~ I ~ ~ U x ~ o „ ~ „ ~ m~`' N m n n n n ~ ° 8``' ° ~ ~ n V 01 v` n ~ ~ ~ o ~ PT 0349 I ?`. 3B1 i.3 36.5 ~~ l5 . !!t3 N 3513 • 3115 G . • 3e. • w 0 200' "~-_, Q1/{~ 0.35 GB.35 y, y ~- "'ASE - ~ 1. y ~, Dancti, Harper StA~~oc te,~, lnc '~ Land Surveyors Professional Engineers '~ Landscape Architects • Land Planners 2 OFfice: (574)234-4003 / (800)594-4003 Fax: (574)234-4119 1643 Commerce Drive South Bend, IN 46626 ALLEY VACATION DIAGRAM LEGAL DESCRIPTION FOR ALLEYS TO BE VACATED a N a O a `o .p 0 P 0 0 THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF FRANKLIN STREET RUNNING FROM THE' NORTH LINE OF THE CONRAIL RAILROAD RIGHT-OF-WAY ON THE SOUTH TO THE NORTH LINE OF THE PLAT OF SAMUEL L. STULL'S 2~ ADDITION TO THE CITY OF SOUTH BEND, SAID DISTANCE BEING APPROXIMATELY 1,210 FEET AND HAVING A WIDTH OF 7 FEET, ALSO THE FIRST EAST-WEST ALLEY SOUTH OF BROADWAY STREET AND WEST OF FRANKLIN STREET LAYING BETWEEN LOT # 48 OF SAID SAMUEL L. STULL'S 2~ ADDITION TO THE CITY OF SOUTH BEND AND LOT # 61 OF SAMUEL L. STULL'S 1sT ADDITION TO THE TOWN OF MYLER, SAID DISTANCE BEING ApPROXIhL>iTELY 153.5 FEET AND A WIDTH OF 14 FEET. THE FOLLOWING PROPERTIES MAY BE INJURIOUSLY OR BENEFICIALLY AFFECTED BY VACATING THE ABOVE ALLEYS:. Tax Key Number 18-8021-0849 Tax Key Number 18-8021-084905 Tax Key Number 18-8006-028001 Tax Key Number 18-8006-028601 Tax Key Number 18-8006-0290 Tax Key Number 18-8006-029101 Tax Key Number 18-6006-0297 Tax Key Number 18-8006-0303 Tax Key Number 18-8006-0309 Tax Key Number 18-8006-0315 Tax Key Number 18-8006-0321 Tax Key Number 18-8006-0327 Tax Key Number 18-8006-0332 Tax Key Number 18-8027-110402 Tax Key Number 18-8027-1107 Danc%, Harney SrA~sactates,lnc. '~ Land Surveyors Professional Engineers Landscape Architects • Land Planners Tax Key Number 18-8006-0283 Tax Key Number 18-8006-028301 Tax Key Number 18-8006-0286 Tax Key Number 18-8006-0289 Tax Key Number 18-8006-0291 Tax Key Number 18-8006-0296 Tax Key Number 18-8006-0302 Tax Key Number 18-6006-0308 Tax Key Number 18-8006-0314 Tax Key Nvmber 18-8006-0320 Tax Key Number 18-8006-0326 Tax Key Number 18-8006-0333 Tax Key Number 18-8006-0338 Tax Key Number 18-8027-110401_ Tax Key Number 18-8006-0344 ~-e.r~ _ . a. _ ~`40.~=~ Office: (574)234-400J / (600)594-4003 fox: (574)234-4119 1643 Commerce Orive Soulh Bend, IN 46628 2 2 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAx 574!235-9171 TDD 5741235-5567 CITY OF SOUTH BEND STEPHEN J. I,UECKE, MAYOR BOARD OF PUBLIC WORKS '~~1~ pro. ~~-~~ March 10, 2008 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Alley Vacation -Seven-Foot Wide North/South A11ey Running Parallel to Franklin Street in the Studebakex Industrial Park Dear Members of the Council: In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being submitted to the Common Council concerning the above described alley vacation. Favorable recommendations were received from the Area Plan Commission and the Engineering Department. Because there are no City agencies using the alley, the staff was not asked to use their time to review this proposed vacation. There were no access issues with this alley vacation. If you have any questions, please call me at (574) 235-9251. Sincerely, ~... inda M. Martin, Clerk Board of Public Works c: Rosemary Mandrici, Assessor' Office Auditor's Office Carl Littrell, Engineering .iOK~ yo~`~u~ car`r~~__~._:~=~,~~~~.~~~---~-=~`~ -' Fi1~~ 1~ ~~~..~ MAR 1 1 20Gg r~ GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. 'DONALD E. INKS PRESIDENT MEMBER MEMBER INTER-OFFICE MEMORANDUM DEPARTMENT ~F PUELIC W®RKS ®IVISI®N ®F ENGINEERING TO: Linda Martin, Clerk Board of Works FROM: Tony Molnar RUEJECT: Alley vacation West of Franklin Street DATE: February 15, 2008 As you know, the Redevelopment Commission is currently developing the Studebaker Industrial Park on land bounded by Sample Street, Prairie Avenue, Penn Central rail road tracks and Franklin Street. Included in that area is a 7 foot wide North/South alley that runs parallel to Franklin Street (see attached map). The Redevelopment Commission owns all of the land surrounding the alley and, to the best of my knowledge, there are no utilities located in the alley. The Redevelopment Commission is in the process of subdividing the land and the alley is not useful to, and is in fact an impediment to developing the land. No public services currently use the alley to deliver services and the new subdivision will have public right of ways to provide future services. Also attached is a review of the proposed alley vacation by the Area Plan Commission indicating that no adverse impact would result from the vacation. Since there are no City agencies using the alley the staff was not asked to use their time to review this proposed vacation. If you have any questions, please feel free to call me at 9254. Thanks, Toriy ~?pROVED Board of Public Works MAR ~ 0 2 08 F:\DATA\SHARE\ENGINEER\W PDATA\memoboard.wpd 51-r~~t ~~E~c°~ t~~1~31`t'lF~~l4~1~ ~~E~ ~~.a Jr~~~~~~~ ~C31.ti i~~~ 1 ~41~ Coul~t~r-Git~ Buiidi~~g South i3ond, Indiana 4601 John Vd, i3yorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 February 14, 2005 The Board of Public Works 13`~ Floor, County-City Building South Bend, Indiana 46601 RE: Vacation First North /South alley west of Franklin Street. Dear Board Members: The staff has reviewed this petition. It is the staff s opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. Staff recommends that the alley be vacated subject to any further utility or access easements recommended by the Engineering and Building Departments. Sincerely, ~~~ ~o~ Mark Lyons Planner ..__..__ ~....,~, o,...a ~ .,~,,.,,;~~o nio,., (ar~ic~a ~Inrth I iharty ns~anla. Roseland and St. Joseph County, Indiana /~i/%. ~, ~f 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PxoNE574/235-9371 FAZ 574/235-9021 TDD 574/235-5567 CITY OF SOUTH BEND STEPHEN J. LUECxE, MAYOR COMMUNITY $L ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR February 21, 200E South Bend Common Council Fourth Floor Council Chambers 400 County City Building South Bend, IN 46601 Dear Council Members: ~`~ 1~ ~ I S- o ff The Studebaker/Oliver Redevelopment Project is a significant brownfield revitalization project within the City of South Bend and funding the costs of this project is a priority. The attached bill for your consideration and approval will appropriate $794,576.67 from Fund No.209 to pursue the necessary redevelopment activities in the Studebaker/Oliver Project Area including costs of acquisition, relocation, demolition, site preparation, environmental assessment and remediation, and other similar costs. These funds are non-tax revenue funds that have recently been received by the City and deposited into Fund No. 209. I will attend the Council meeting on March 24th. In the meantime, please contact me at 235- 9374 or akolata~a,southbendin. ov if you have any questions. Sincerely, l G'" Ann E. Kolata Senior Redevelopment Specialist Filed nl Clerk's ®ffice MAR - 5 2008 COMMUNITY DEVELOPMENT - ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PA.NELA C. MEYER DONALD E. INKS 1~'IANAGEMENT ~~ 574/235-9660 _ 574/235-9371 ELIZABETH LEONARD FAX: 574/235-9697 574/235-9371 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $794,576.67 WITHIN FUND 209 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER-OLIVER PROJECT AREA Statement of Purpose and Intent: The Studebaker-Oliver Project is a significant brownfield revitalization project within the City of South Bend, and funding the costs of this project is a priority. This ordinance provides for the appropriation of non-tax revenue funds on deposit in the City's Fund No. 209 to pursue the necessary redevelopment activities in the Studebaker-Oliver project area, including costs of acquisition, relocation, demolition, site preparation, environmental assessment and remediation, and other similar costs. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The sum of $794,576.67 is hereby appropriated from and set aside within Fund 209 for use in redevelopment activities (including acquisition, relocation, demolition, site preparation, environmental assessment and remediation, disposition, etc.) taking place in the Studebaker-Oliver Redevelopment Project Area. 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. d Member, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the .. day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana 'I sf READING ~ ` ~ ~ JO o 3 rd P.Er^.DfNG PJOT APPROVED ~~l~f;;~~t~'~ C3~~i~e .moo ,h ; ~, _ 5 ~~i ~~,,;.~ -, ~Gi~iN V4~~`~uE CITY ~I.E,-;K, SQ. BBhD, IN. REFERRED PASSED ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19, SECTION 2-213(a) OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE THE TABLE OF CODE VIOLATIONS AND PENALTIES STATEMENT OF PURPOSE AND INTENT The Table inset of Chapter 2, Article 19, Section 2-213(a) of the South Bend Municipal Code is a summary of all acts which constitute violations of the South Bend Municipal Code along with the penalties prescribed for each violation. This table has not been revised recently to reflect changes, and additions to the listed violations and their respective penalties. This ordinance provides the necessary update. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCII. OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 2, Article 19, Section 2-213(a) of the South Bend Municipal Code shall be amended to read as follows: (a) The following schedule of ordinance and code provisions are subject to admission of violation before the Violations Clerk and includes the amount of the civil penalty to be assessed a violator who elects to admit a violation: TABLE INSET: Municipal Code Section Type of Violation Penalty 4-8 Licensing violation 50.00 4-18.5 Adult businesses u~ to 2,500.00 4-19 Arborist license 4-20 Automotive repair and service centers 50.00 up to 2,500.00 4-20.5 Vehicle removal service 1S` - 50.00 2nd - 250.00+ thereafter - 250.00 up to 2,500.00 4-22 Carnivals and circuses 400.00 up to 2,500.00 4-23 Fertilizer manufacturing facilities 25.00 up to 2,500.00 4-25 Food vending vehicles up to 100.00 4-30 Hotels and motels ~ to 2,500.00 4-34 Self-service laundries un to 2,500.00 4-35 Massage establishments and technicians 500.00 up to 2,500.00 4-36 Pool halls ~ to 2,500.00 4-38 Open-air businesses ,u~ to 2,500.00 4-39 Public parking facility ~ to 2,500.00 4-40 Outdoor motion picture theaters 500.00 up to 2,500.00 4-43 Peddlers and canvassers ~ to 2,500.00 4-44 Precious metals dealers 200.00 up to 2,500.00 4-45 Restaurants, eg nerally up to 2,500.00 4-46 Restaurants with live entertainment and /or music ~ to 2,500.00 4-47 Recycling drop off centers ls` - 50.00+ 2°d - 100.00+ thereafter - 200.00 up to 2,500.00 4-48 Rubbish and garbage removal ~9:6A 300.00 4-51 Scrap metal dealers, junk dealers valuable 200.00 up to 2,500.00 metal dealers and rec cy Iing operations 4-53 Secondhand stores 200.00 up to 2,500.00 4-55 Charitable solicitations 50.00 up to 2,500.00 4-60 Transient merchants (operator) ~ to 2,500.00 4-60 fk) Transient merchants (property owner) up to 500.00 4-61 Taxicabs: companies, vehicles and drivers ~ to100.00 4-62 Waste to energy facilities 25.00 up to 2,500.00 5-8 General animal care regulations X96 up to 2,500.00 5-9 Sale of baby rabbits, chicks or fowl prohibited;, exception x-5:69 25.00 5-10 Motor vehicle accidents involving animals 15C - 25.00 thereafter - 50.00 5-11 Animals in motor vehicles x-66 25.00 5-12 Poisoning of animals 56:66 up to 2,500.00 5-13 Trapperin of animals restricted -1:66 25.00 5-14 Maximum number of dogs or cats der household X5:66 25.00 5-15 Acreage requirements for certain domestic animals 15.00 5=~ 6 ~~e~ i~r66 5-17 Owners or agents responsible for i~remov~ing of animal wastes ~A9 25.00 5-18 Animal bites and reports 1S` - 25.00 thereafter - 50.00 5-19 Annual vaccination of dogs and cats required up to 2,500.00 5-20 Performing animal exhibitions 75.00 5-21 Interference with animal control officer prohibited 15` - 25.00 thereafter - 50.00 . 5-21.2 Animals Prohibited~to Be Brought to Lame Events Held on Public Property: Prohibition 125.00 5-22 Protected animals ls` - 25.00 thereafter - 50.00 5-23 Keeping certain animals prohibited ' x:66 ls` - 200.00+ thereafter - up to 500.00 5=~ X5:66 5-27 American Pit Bull Terriers and Other~'c~ Ddan eg_rous ~g Animals: L}icensin 58:66 100.00 5-28 American Pit Bull Terriers and Other~~e~ Ddan eg_rous da~g Animals: Specific regulations 50.00 5-28 a Specific regulations - Defacin tag ttoos 50.00+ 5-28 Specific regulations -Notification 50.00+ 5-28 c ~ecific regulations -Breeding 75.00 5-2g (dl ~ecific regulations -Pens or fences ls` - 25.00 thereafter - 50.00 5-28 e Specific regulations -Change of ownership . 25.00 5-28 ~ecific regulations - Fi~htin~ ~ up to 2,500.00 5-28 Specific regulations -Public property 50.00+ 5-28(h) ~ecific regulations -Notification by owner/went 50.00+ 5-28 i Specific regulations -Serious injury or death 2,500 + 5-30 Spa~g_and neutering of adopted animals; microchip identification of adopted animals 15t - 25.00 thereafter - 50.00 5-32 Notice of pet license required ls` - 25.00 thereafter - 50.00 5-35 Doi and cat registration and identification 15` - 25.00 thereafter - 50.00 5-36 Pet shoespermit ls` - 25.00 thereafter - 50.00 6-46 Building contractors'- prelicensin~ registration required; annual renewal 1S` - 50.00 thereafter - 250.00 up to 2.500.00 7-19 Cable operator: Enforcement 500.00 2 9-15 Fire Code: Violation; penalty 100.00 up to 1,000.00 . 9-20 Eex€ Types of burning prohibited 569 100.00 up to 2,500.00 9~}- P~aririrrg 56:09 9=2~ ~;e:~b~g 59:69 12-3 False alarm fines ls` throu~h3`d - no fine 4~' -100.00 thereafter - 200.00 12-6 Alarm agent -Penalties 15` - 100.00 thereafter - 200.00 ..~ 13-3 Gang loitering_,prohibited 15C - 100.00, late fee of 50.00 after 30 days 2nd - 250.00, late fee of 50.00 after 30 days thereafter - 500.00+, late fee of 50.00 13-4 Narcotics-related loitering prohibited 15` - 100.00, late fee of 50.00 after 30 days 2nd - 250.00, late fee of 50.00 after 30 days thereafter - 500.00+, late fee of 50.00 13-7 Loitering which obstructs public ways prohibited; 15L - 50.00+, late fee enalties of 25.00 after 30 days p thereafter - 100.00+, late fee of 25.00 after 30 days 13-26 and solicitation regulations -Prohibited Panhandling 151- 50.00 _ acts ~ thereafter - 100.00 up to 2,500.00 13-37 Prohibited activities related to ticket sales 15t - 100.00 thereafter - 250.00 13-55.1 Loitering for solicitation 15C - 150.00 2nd - 250.00 thereafter - 350.00 un to 1,000.00 (within a one year eriod 13-57 Unreasonable noise 15` - 100.00, late fee of 50.00 after 30 days 2nd - 250.00, late fee of 50.00 after 30 days • 3rd - 500.00, late fee of 50.00 after 30 days 13-57.1 Use of police officers at 1/large parties or gatherings requiring a second response• 50.00 to each violator 13-58 Dischar~inQ firearms prohibited; exception ~ to 2,500.00 13-59 Fireworks re ulg ation lsc - 100.00, late fee of 50.00 after 30 days 2nd - 250.00, late fee of 50.00 after 30 days thereafter - 500, late fee of 50.00 after 30 days If fire department involvement, costs up to 2,500.00 13-62 False fire alarms --prohibited 50.00 up to 1,000 13-67 Warning_required on certain size plastic bays up to 2,500.00 13-68 Sale and place of keeping~glue restricted; recording up to 2,500.00 sales required; penalty 13-69 Burial of dead persons not within cemetery up to 2,500.00 13-75.1 Real estate used for illegal use or sales of narcotics or -50.00 up to 2,500.00 controlled dangerous substances 13-75.5 DisorderlYhouses; prohibited 250.00 up to 2,500.00 13-78 Smoking or carrying li htg ed objects upon municipally ~ to 100.00 owned buses prohibited; exception; penalty 13-81 Public nuisance noises prohibited 151- 50.00+ 2nd - 100.00+ thereafter - 250.00+ 13-82 Stationary noises X9:66 151- 50.00+ 2nd - 100.00+ thereafter - 250.00+ 13-87 Collection of unlawful reegel~le materials by unauthorized person 15L - 50.00+ thereafter 500.00 13-91 ~ Ddamage, defacing or injuring ~ property as an offense 15t - 50.00 thereafter 100.00 up to 2,500.00 13-97 Restrictions on the possession and manufacturing of 250.00 up to 2,500.00 assault weapons 13-98 Requirements for transporting and possessing 15L - 250.00 unloaded assault weapons additional 100.00 thereafter up to 2,500.00 13-104 Access to Firearms byMinors Prohibited: Parent and 100.00 legal guardian required to properl sY tore firearms/ammunition; dealers to conspicuously display signs 13-109 Public places where firearms are prohibited; 50.00 exceptions; sites to be conspicuousl~pla~ 13-110 Public places where firearms are restricted; 50.00 up to 2,500.00 exceptions; suns to be conspicuously displace , 13-125 Tattooing, brandin , sg carif~~ and piercing multiRle fines for various violations from 150.00 to 2,000.00 14-2 Skateboarding and roller skating prohibited on all 1S1-warning city streets; exceptions thereafter - 25.00 14-3 Skateboarding and roller skating,~prohibited on 151- warning sidewalks thereafter - 25.00 14-4 Skateboarding regulations in designated city-owned 151- warning skateboard facilities thereafter - 25.00 14-9 6 - Curfew -Fifteen-, sixteen- and seventeen-year olds 15` - 25.00 2nd - 100.00 thereafter in same year - 200.00 14-7 Children under fifteen (15) years of age_ 15` - 25.00 2nd - 100.00 thereafter in same year - 200.00 14-14 Residential swimming pool 25.00 14-16 Prohibition of Open Alcoholic Beverage Containers: 15t - 50.00 Possession or consum tp ion prohibited thereafter - 100.00 up to 2,500.00 14-17 Operator or owner of motor vehicle in violationOpen 151- 50.00 thereafter - 100.00 up to 2,500.00 ..~..~ - 14-21 Ultimate fi htin~ prohibited 1 000.00 up to 2,500.00 14-26 Public Safety Requirements for Lame Eatin~/Drinkin~ Establishments: Verification of 15L - 100.00 2"d - 350.00 server intervention~ro~rams required to be filed with 3rd - 500.00 the board o~ublic safety 14-27 Verification of re~onsible mana e~ment practices and 15C - 100.00 ar mks required to be filed with the board of public pro 2"d - 350.00 .• safety 3rd - 500.00 14-28 Number of required trained securitypersonnel and 15t - 100.00 verification of trained securitypersonnel required to 2"d - 350.00 be filed with the board of public safety 3rd - 500.00 14-30 Required public safety announcements 15` - 100.00 2"d - 350.00 3`d - 500.00 14-36 Stun Gun Regulations: Prohibited conduct - 15` - 250.00 2"d - 500.00 3rd - 1,000.00 16-12.1 Unauthorized collection of residential refuse; ~ to 2,500.00 penalties 16-5~3 Conditions constituting yl?ublic nuisances x§69-15C - 50.00 up to 2,500.00 2"d - 100.00 up to 2,500.00 thereafter - 200.00+ to 2,500.00 -}~-} 2x66 }gam ~----- -------_, ~ ~w .._a_-_---'~ ~rB6 18-55 House Numbers: Displayin u~gned number 15C - 15.00 Rrohibited thereafter - 25.00 18-5~6 Exhibit number; size of fi .ire 151- 15.OOf thereafter - 25.00 18-58 Numbering new buildings; time limit 151- 15.OOf thereafter - 25.00 18-59 Destruction or change of numbers prohibited 151- 15.OOf thereafter = 25.00 19-17 Tree and lawn area regulations ~96~ to 2,500.00 }g ,~ i~6 19-34 Weeds and Noxious Growths: Failure to comply with 20.00 up to 1,000.00 notice; public nuisance ~1-9~~ 29:66 19-40 Public Parks: Prohibited acts ~~rt~rixrp~rks 50.00 19-41 Public Parks: Advertising~rks 20.00 19-42 Public Parks: Disorderly conduct 50.00 19-43 Public Parks: Gambling v~~i~-s 50.00 19-44 Public Parks: Explosives, firearms, weapons and 25.00 up to 2,500.00 missiles 19-45 Public Parks: Aviation 25.00 19-46 Public Parks: Camping ro~~ithirrparks 50.00 19-50 Public Parks: Peddling, sales, photograyhs, etc.i concession contracts 50.00 19-51 Protection of animals 25.00 up to 2,500.00 19-52 Public Parks: Fires ro~~itltin-parrs discarding li hg_ ted cigars, etc. 2:8650.00 19-53 Public Parks: Boating 25.00 up to 2,500.00 19-54 Public Parks: Fishing; pProtection of fish 25.00 19-55 Public Parks: Bathing ~r~it~rirrparks 25.00 19-56 Public Parks: Subsurface aquatic activities 25.00 up to 2,500.00 19-57 Public Parks: Toy aviation; kite flag; model 25.00 up to 2,500.00 boating, automobilin~ or airplane flvin~ 19-58 Public Parks: Games 25.00 up to 2,500.00 19-59 Public Parks: Animals at large 25.00 19-60 Public Parks: Horses 25.00 19-61 Public Parks: Alcoholic beverages and drng~ controlled substances 50.00 19-62 Public Parks: Construction work 25.00 up to 2,500.00 19-63 Public Parks: Traffic control and sReed limitations 50.00 19-64 Public Parks: Vehicle use rl~estrictions~rr~es 25.00 19-65 Public Parks: Careful driving 25.00 up to 2,500.00 19-66 Public Parks: Restricted areas 25.00 up to 2,500.00 19-67 Public Parks: Driving instructions 25.00 up to 2,500.00 19-68 Public Parks: Obstructing traffic 25.00 19-69 Public Parks: Parking at night 25.00 19-70 Public Parks: Towing; projecting articles 25.00 up to 2,500.00 19-71 Public Parks: Driving off pavement 25.00 19-72 Public Parks: Working on vehicles 10.00 19-73 Public Parks: Equipment on vehicles 25.00 up to 2,500.00 19-74 Public Parks: Parkways 25.00 up to 2,500.00 19-75 Public Parks: Curfews 25.00 20-x$60 evert~ime Commercial vehicle parking restricted 5:99H~:96 20-61 Parking limited on certain streets in central commercial area ~ to 2,500.00 20-62 Stop required when traffic obstructed up to 2,500.00 20-63 Stomping or parking near hazardous or con eg sted lp aces up to 2,500.00 20-64 Available street or alley space for traffic; uncontrolled ~ to 2,500.00 use of alley prohibited 20-65 Use of alley to private property up to 2,500.00 20-66 Parking in front of theaters, hotels and between "no up to 2,500.00 parking" signs 20-67 Parking x~estrieti~xsprohibited or limited in certain designated places 3:9610.00, 100.00 if ~ecial event violation 20-68 Parking in front of business or professional buildings up to 2,500.00 or in Citesowned parking facilities restricted 20-69 Standing for loading. only up to 2,500.00 20-70 Bus and taxicab stands up to 2,500.00 20-71 Passenger vehicles in bus or taxicab stands ~ to 2,500.00 20-72 parkin~; parallel and single parkin; Method of up to 2,500.00 , exception for motorcycles 20-73 Right side to curb ~ to 2,500.00 20-74 Parking vehicles on streets for sale or repairs 50.00 pending 20-75 Vehicle used for advertising on streets up to 2,500.00 20-76 Illegal parking un to 2,500.00 20-77 Overtime parkingprohibited ~ to 2,500.00 20-79 Iniurin or tampering with meters ~ to 2,500.00 20-80 Use of slugs in meters up to 2,500.00 20-81 Limitation on turning vehicles un to 2,500.00 20-82 Limitations on backing vehicle un to 2,500.00 20-83 Vehicle emerging from alley. building or driveway ~ to 2,500.00 20-84 Parking on sidewalk, alley or parkway up to 2,500.00 20-85 Driving vehicles on sidewalks ~ to 2,500.00 20-86 Vehicles on streets being paved or blocked ~ to 2,500.00 20-87 Pedestrians; crossing streets at crosswalks uP to 2,500.00. 20-88 Boarding or alighting from vehicles up to 2,500.00 20-89 Unlawful riding ~ to 2,500.00 20-90 Motorc cY les; prohibited methods of riding up to 2,500.00 20-91 Vehicles equipped with spikes and lugs prohibited un to 2,500.00 20-92 Use of coasters, skates or similar devices restricted up to 2,500.00 20-93 Driving through processions ~ to 2,500.00 20-94 Permit required for parades or processions ~ to 2,500.00 20-95 Streets to be unobstructed ~ up to 2,500.00 20-96 Vehicle load to be deafened ~ to 2,500.00 20-97 Shrubs or plants obstructing view prohibited ~ to 2,500.00 20-98 Obedience to School Crossing Guards required up to 2,500.00 20-99 Obedience to official traffic-control devices ~ to 2,500.00 20-100.1 Parking by fire hydrant prohibited 50.00 20-105 Traffic regulations during snow removal conditions 25.00 20-108 Truck routes: Restrictions 1S` - 50.00+ 2"a - 100.00+ thereafter 250.00+ 20-111 Designation of handicapped parking spaces 50.00 20-113{$j~ Reserved space permit: 50.00 20-11G5 Residential parking s~reh°erzones X66 20-118 Truck parking more than eleven thousand pounds' gross vehicle weight: parking restricted ls` - 50.00 thereafter 100.00 20-122 Noise limit ls` - 50.00+ 2"a - 100.00+ thereafter 250.00+ 20-123 Excessive noise ls` - 50.00+ 2"a - 100.00+ thereafter 250.00+ ~}~ ~r.66~66 Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common C ~ uncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . m. - City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana 1st READING ~ ~.' ~ 2'-O PUELIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED NOV - 7 L~~7 JG~iAi VCG°:u= Ct7Y CLEF;K, `rQ. EEtiD, !t~l. F:\DATAlS1IARE\L.egal\Wpdata\AMD\ORDINANCWmending Chapter 2 Sec 2-213 Code Violations and Penalties 102207.wpd 1400 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD Sotrrx BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF Z,AW PHONE 574( 235-9241 Fnx 574/235-9892 TDD 574/ 235-5567 CHARLES S. LEONE ALADEAN M. DEROSE CITYATTORNEY November 5, 2007 CHIEPASSISTANTCITYATTORNEY Mr. Timothy A. Rouse President, South Bend Common Council 4`'' Floor; County-City Building South Bend, IN 46601 Re: Ordinance Amending South Bend Municipal Code Section 2-213(a) Dear Mr. Rouse: Attached for filing with the South Bend Common Council is an ordinance amending Chapter 2, Article 19, Section 2-213(a) of the South Bend Municipal Code. Code Section 2-213(a) contains the list of all acts which violate the Municipal Code and the prescribed penalty for each violation. This Code Section has not been updated for awhile, and the attached ordinance makes the necessary changes. I will present this ordinance to the Common Council at its Committee meeting and at public hearing. Thank you. Sincerely, s' ~~~_ /~r~ ~ Aladean M. DeRose Chief Assistant City Attorney AMD/cw Enclosure ~l0~! - 1 ~Ot~? ,fCft~9 Vuf~~~F THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI SHA~t~N E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN ., .~ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3941 RIVERSIDE DRIVE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DEANNA BOYKINS WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the azea commonly known as 3941 Riverside Drive, South Bend, Indiana, and which is more particulazly described as follows: Lot numbered 281 Riverside Manor and this property has Tax Key Number 25-1011-0453, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seQ., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1- 12.1, et sew., and South Bend Municipal Code Sections 2-76, et sect., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required bylaw; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and fmds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. 2 E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless, the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement. consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (S) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all.local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of th mmon Codicil fdOT APPROVED ~1~~'~ ~~C~'~ Q~~i6G~ r. ,5, dDJ~~J ~(~iORDE GITY CLERk, StJ. BEt~n, {~. ADOPTED "~ 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SouTx BEND,INDI.ANA 46601-1830 PHONE 574/ 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY" OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY HL ECONOMIC DEVELOPMENT ,JEFFREY V. GIBNEY EXECUTIVE DIRECTOR March 6, 2008 Council Member Derek D. Dieter, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: DEANNA BOYKINS Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by Michael Urbanski of Garden Homes on behalf of Deanna Boykins. They intend to build asingle-family home at 3941 Riverside Drive. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build asingle-family home at a cost of $116,190. The project meets the qualifications fora (5) five-year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, March 24, 2008. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5835. Sincerely,. `~~;!~..~si Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor.Stephen Luecke Jeff Gibney Don Tnks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT ~ FINANCIAL HC PROGRAM PAMELA C. MEYER DONALD E. INKS 1V1t1IVAC,~EM ENT .574/235-9660 574/235-9371 EuzaBerH LEONARD FAx: 574/235-9697 5741235-9371 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEI~ARD Sourx BEND, INDIANA 46601-1830 PHONE 574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY SL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: DEANNA BOYKINS DATE: March 6, 2008 On March 5, 2008, a petition for residential tax abatement consideration for real property located at 3941 Riverside Drive was filed with the City Clerk by Michael Urbanski of Garden homes on behalf of Deanna Boykins. Pursuant to Chapter 2, Article 6, Section 2-77. I of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION Garden Homes on behalf Deanna Boykins intends to construct a new 1768 square foot home with attached garage. Plans call for the home to have three bedrooms and a total of five rooms. The home will be constructed on a full eight foot basement and have vinyl siding. The price of the home is $116,190. Total taxes to be abated during the (5) five-year abatement period are estimated at $8,292.41. Total taxes to be ~a_i_d during the (5) five-year abatement period are estimated at $1,364.77. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT' FINANCIAL HC PROGRAM PA ~IELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 5741235-9371 EuzaseTtl LEONARD FAx: 574/235-96`)7 574/235-9371 South Bend Common Council RE: Deanna Boykins March 6, 2008 Page 2 ' ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been associated with or granted any previous tax abatements. 2. The Building Commissioner has reviewed this petition and finds the properties to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is not located in any of the development areas; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is not required. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications fora (5) five-year residential tax abatement under Section 2-77.1, Single Family Residential Construction. 5 YEAR 6-Mar-08 Deanna Boykins South Bend German Township Residential Rea! Property Tax Abatement Schedule* Estimated Project Cost: $116,190.00 Total Taxes Tax Abated** Tax Paid*** Assessed Value: STRUCT9URE (assume 85% of project cost) 98,761.50 98,761.50 98,761.50 LAND (assume $10,000) 10,000.00 N/A N/A Gross Assessed Value 108,761.50 98,761.50 98,761.50 Less Mortgage Exemption (3,000.00) (3,000.00) (3,000.00) Less Standard Homeowners Deduction (35,000.00) (35,000.00) (35,000.00) Base Assessed Value - 70,761.50 60,761.50 60,761.50 Less Maximum Abatement Deduction Less Non-Abated Amount Plus Land Assessed Value . .> Net Assessed Value N/A N/A (60,761.50) N/A 0.00 N/A N/A N/A 10,000.00 70,761.50 60,761.50 10,000.00 Property Taxes: Assume constant tax rate of 5.1376% 5.1376% 5.1376% Gross Tax (tax rate x net assessed value) 3,635.44 3,121.68 513.76 Less SRTC: 21.7293% (789.96) (678.32) (111.64) Less Homestead Credit: 32.1230% (914.06) (784.88) (129:17) Net Tax 1,931.43 1,658.48 272.95 Net ~ Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 70,761.50 1,931.43 1,658.48 272.95 2 70,761.50 1,931.43 1,658.48 272.95 3 70,761.50 1,931.43 1,658.48 272.95 4 70,761.50 1,931.43 1,658.48 272.95 5 70,761.50 1,931.43 1,658.48 272.95 5 year totals: 9,657.13 8,292.41 1,364.77 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. **Tax Abated is capped at $74,880 of.assessed value of structures only and does not include land assessed value. ***Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and ad'tling back the land assessed value. ~~` °"•4 STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS 0~` tea. ~ ~ State Form 51767 (R2 ! i-07) •~~~ ~ Prescribed by the Department of Local Government Finance ,.,. This statement is being completed for real property that qualifies under the following Indiana Code (check one box}: ^ Redevelopment or rehabilitation of real estate improvements (IC 6-1.1-12.1-4) ^ Eligible vacant building (IC 6-1.1-12.1-4.8) 20_ PAY 20_ FORM SB-1 /Real Property INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making ifs decision about whether to designate an Economic Revitatization Area. Otherwise this statement musf be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERA/VBD, Whichever is applicable, must be fried with the CountyAuditor by the later of.• (i) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved afrer June 30, 1991, musf attach a Form CF-1/Real Property annually to the application to show compliance with the Statement ofBenefits. (IC 6-1.1-12.1-5.1(b) and /C 6-1.1-12.1-5.3~)j 5. The schedules established under IC 6-1.1-12.1-4(d) for rehabilitated property and under 1C 6-1.1-12.1-4.8(1) for vacant buildings apply to any statement of benefits approved on or aRer July 1, 2DD0. The schedules effective prior to July 1, 2000, shall continue to apply fo a statement of benefits fried before Jury ,, cvvv. • •" ~ Name of taxpayer ~,. .~ Address of taxpayer (n tuber and street, city, state, and ZIP c eJ' ' Name of contact person ~ /`/ /~ Telephone num~be~rJ ~ E-malil~a~dd`ress / Name of designating body Resolution number Location of property 'f Count~~~ ' ~ DLGF taxin istrict number ~ - U~¢ 2~1d i~ Description of real property improvements, redevelopm nt, or rehabilitation (use additional sheets if ne ssa Estimate start 'te (month, day, year} Estimat rGon d month, day, yeah /`/ Q,(/r -.•. -. Current number Salaries Number retained Salaries Number additional Salaries NOTE: Pursuant to IC 6-1.1-12.1-5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values ~ ~ ~O0 Plus estimated values of proposed project Less values of any property being replaced ~'G Net estimated values upon completion of project ~ • . . ~ -• Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other benefits m~gg,t ~~~~+,~ +~ ~~+~~ ~~~'+ V t~l~+~ - ~Y,AR - 5 2008 JGi;Pt VJGADE CITY CLERK, cG. Bc!tD,1N. • I hereby certify that the representations in this statement are true. Signature of aut nze re e e Title Date sign (mont ,year) Nage 't of z .• ~ :•~ We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years' (see below). The date this designation expires is , B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ^ Yes ^ No 2. Residentially distressed areas ^ Yes ^ No 3.Occupancy of a vacant building ^ Yes ^ No C. The amount of the deduction applicable is limited to $ D. Other.limitations or conditions (specify) E. The deduction is allowed for years* (see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and trite of authorized member of designating body) Telephone number Date signed (month, day, year) Attested by (signature and true ofattester) Designated body * If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.12-12.1-4. A. For residentially distressed areas, the deduction period may not exceed fNe (5) years. - B. For redevelopment and rehabilitation or real estate improvements: _ 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three {3), six (6), or ten (10) years: 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. ~.'~:~ - Page 2 of 2 CITY OF SOUTI~ BEND, INDIANA PETTITION FOR RESIDENTIAL REAL PROPERTY TAX .. ABATEMEN' The undersigned owner of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Send for Residential Real Property Tax+Abatement consideration and pursuant to Indiana Code.,6-1,1-12.1-1, et seq., and South Bend Municipal Code Sec 2- 76 et seq., for this petition states the following: 1. Describe the proposed construction project, including information about square footage, number of rooms, amenities, the amount of land to be used, and the proposed use of the improvements, and a general statement as to the importance of the project: Garden Homes intends to construct new three bedroom, five room homes of 1768 sq/ft, on a full 8'insulated basement. Homes rill have a 22' x 23' attached garage, vinyl aiding, stove, dishxasher, and vent hood and garbage disposal. The homes rill be built on a 58' x 115' lot. ThA• cost of the homes xill be in the lox one hundred thousand dollar range. The importance of this project to the city and the residence of the city is that xe xill be building affordable homes on infill lots in the City of South Bend. 2. Estimate the dollar value of the redevelopment project: $116,190.00 3. The real property for which tax abatement consideration is petitioned is owned or to be owned by the following individuals or corporations: ~~Deanna Boykins 4121 Cross Creek Drive South Bend, IN 46628 ' 4. The commonly known address of the Property is: Street Address Key Number 3941 Riverside Drive 25-1011-0453 5. A legal description of said Properties: Street Address: Legal Description: Rey Number ,. 3991 Riverside Drive Lot 281 Riverside Manor 25-1011-0453 6. A map and/or plat describing the property is attached hereto, marked Exhibit "A", and incorporated herein. 1 - ... 7. The Current assessed valuation of the real property before redevelopment is: .Address: Valuation 3941 Riverside Drive 10,600 8. Photograph's of the Property, taken within two (2) weeks of filing of this petition, are attached hereto, Marked Exhibit "B",-and incorporated herein. 9. List the real property taxes paid at the location during the previous two years, whether paid by the currant owner or a previous owner. 9 ADDRESS: TARES: 3941 Riverside Drive 329.74 10. What is your best estimate of the after completion market value of the property: $135,000 11. No building. permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. The signature below is verification'; of this statement. 12. List other anticipated public financing for the project, including any assistance to be' sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements:. n/a 13. Describe how the property has become undesirable for or impossible • of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors that have impaired values and prevent a normal development of the property: DESCRIBE SERE AITAT IS APPZIBLE TO YOUR NIEGBBORFIOOD EXAMPLE: 'The lot has been vacant for many years. It hae a terrain that is not good for building a home. We have a home xe designed for a lot in another area of the city, and found that it will £it this lot. 14. The current use of the property is VACANT and the currant zoning is "A" (use) and "A" (height and area) . 15. The .property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission) N/A - ... 2 16. The following person should be contacted as the petitioner agent regarding additional information and public hearing notification: Michael E: Urbanski 14299 Day Road Mishawaka, IN 46545 283-0455 or 993-2268 Agent for .Garden Homes Deanna Boy ins 4121 Cross Creek Drive South Bend, IN 46628 Michael E..Urbanski Mill represent Deanna Boykins in all hearings concerning this Tax Abatement Michael E. Urbanslci 3 Filed in C~~rk's Gf~ice MAR - ~ 2G~3 JOHN YOONDE CITY CLERK, S0. BEND, IN. 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Maps - 3941 .Riverside Dr, South Bend, IN ~x~c~C~~ t.ncat 46628-3854 .,., a, w E `~ St.hstph c 'rarer ;~, ~' ~ C lady Ci'CSSCiC•CVC~v` Ct ~ ~`~`dNn Pd a .4~j: Chtrt.+etit Rd U h1ayS Ur P€Ott~~3 8,'h,r 4 _~ ~4~af ion ~ O~ 3 ~ g ,~ _ ~~ ~ r C ,~ T U~' ~~ ~ $ ._ __ j.,,ae~,:k w b' p~,k zr ~ n A ',-y ~`• °` ~uttti~ s'Ur a i .. m ,c tt7t?4 ft -'Yah+ 4"Jhen using any c;riving directions ar rnap, it's ~ good idea to do a reality check and make sure the road still exists, ~~tatr_h out for censtrur_tion, and fallow all traffic safety precautions. This is only to be used as an aid in planning. Page 1 of 1 http://maps.yahoo.com/print?ard=1&v3=0&:intl=us&&mvt=m&tp=1&stx=&cIat=41.728459&clon..: _"3/6/2008 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3702 West Sample Street, Suite 1125 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Triangle Machine. Inc. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3702 West Sample Street, Suite 1125, South Bend, Indiana, and which is more pazticulazly described as follows: Parcel of land, North West of North East Section 1637 2E. Containing 5.4021 2E acear or less. and which has Tax Key Number 18-8112-421507 presently, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et se ., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepazed a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1- 12.1, et sec ., and South Bend Municipal Code Sections 2-76, et sew., and has further prepazed maps and plats showing the boundaries and such other information regarding the area in question as required bylaw; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1-12.1-4.5 et sec ., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to ,result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION 1V. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. 2 SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. P?ESENTED 3 ~ Z~ ~~~ Member of the Common Council NOT 'APPROY.EI~ 3 ~,DOPTEI~ %'~ ,., ~jled !n Gie~lc's ~~flce p~A~ - 6 2008 dOHN V4QFiDE CfTY CLFR~, S4. BEN~J, IN. 1200 COUNTY-CITY BUfLD1NG 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDWNA 46601-1830 PHOnE574/235-9371 FAx 574/235-9021 TDD 574/ 235-55G7 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY SL ECONOMIC DEVELOPMENT ~ . JEFFREY V. GIBNEY March 4, 2008 EXECUTIVE DIRECTOR Council Member Derek D. Dieter, Chairperson Community & Economic Development Committee ', South Bend Common~Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: TRIANGLE MACHINE, INC. Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's 'report on a personal property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the acquisition and installation of a new machine that will enable the company to complete certain work in-house that it is now outsourcing. The company's location is 3702 West Sample Street (the Sample Street Business Complex, Suite 1125). ' The report contains the Department's findings relative to the above petition. Triangle Machine will be purchasing and installing new equipment. The total project cost for the equipment is estimated at $75,856. The project meets the qualifications fora (5) five-year personal property tax abatement and a representative from Triangle Machine, Inc. will be available to meet with the Committee on Monday, March 24, 2008. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5835. Sincerely, ~ ' .,, ~~s~~ Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT' ECONOMIC DEVELOPMENT ~ FINANCIAL & PROGRAM PATIELA C. MEYER DONALD S. INKS ~ MANAGEMENT 574/235-9G60 5741235-9371 ELIZABETH LEONAkD Fax: 574/235-9G97 5741235-9371 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULL•VARD SOUTH BEND,INDIANA 46601-1830 PHONE 574/ 235-9371 FAx 574/235-)021 TDD 574/ 235-5567 CITY' OF SOUTH BEND STEPHEN J. LUECKE, iVIAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIE3NEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: TRIANGLE MACHINE, INC. DATE: March 4, 2008 On March 3, 2008, a petition for personal property tax abatement consideration for property located at 3702 West Sample Street, Suite 1125 was filed with the City Clerk by Triangle Machine, Inc. Pursuant to Chapter 2, Article 6, Section ~-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area,-and makes the following report. PROJECT SUMMARY Triangle Machine, Inc. is a manufacturer of precision machined components. The company plans to purchase and install new equipment (one Haas VF-l CNC Milling Center) that will give it the ability to complete work in-house that is currently outsourced to other firms and at the same time increase its productive capacity. .. The project will invest $75,586. Total taxes to be abated during the five-year (5) abatement period are estimated at $4,636. Total taxes to be maid during the five-year (5) abatement period are estimated at $2,413. COMMUNITY DEVELOPMENT' ECONOMIC DEVELOPMENT FINANCIAL ~C PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARD FAX: 574!235-9697 ~ ~ 574/235-93'1 South Bend Common Council RE: Triangle machine, Inc. March 4, 2008 Page 2 EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will create one (1) new, permanent, full-time job in the first year of production representing a new annual payroll of $30,000. The project will also maintain two (2) existing, permanent full-time jobs and one (1) existing part-time job representing an annual payroll of $75,000. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has been granted or been associated with two (2) previous tax abatement. Term/Type - Resolution No. Date 5-year personal property 3485-OS 7/11/2005 5-year personal property 2583-98 3/23/1998 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is not located in any of the development areas; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is not required. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for afive-year (5) personal property tax abatement under section 2-84.2, Tangible Personal Property Tax Abatement. Tax Abatement Schedule prepared for: TRIANGLE MACHINE, INC. South Bend Portage 5 Year Personal Property Abatement Schedule* Total estimated Equipment Cost: Assume cons tant tax rate of: Assume constant SRTC rate of: TTV Assessed Gross Less Year TTV% (Year 1-5) Value Tax SRTC 1 0.40 $30,342 $30,342 $1,563 $110 2 0.56 $42,479 $42,479 $2,189 $154 3 0.42 $31,860 $31,860 $1,642 $116 4 0.32 $24,274 $24,274 $1,251 $88 5 0.24 $18,205 $18,205 $938 $66 $7,583 $534 Total Taxes Due During Abatement: Total Taxes Abated During Abatement: Total Taxes Paid During Abatement: $75,856 5.1524 7.0433 Net Percent Tax Tax Abated Abated 1,453 100% $1,453 2,035 80% $1,628 1,526 60% $916 1,163 40% $465 872 20% $174 7,049 $4,636 $7,049 $4,636 $2,413 4-Mar-08 Tax Paid $0 $407 $611 $698 $698 $2,413 -This schedule is for estimation purposes only and assumes constant tax rates. The true tax values wilt ulimately be determined by the actual assessed valuation and the then current tax rates. ~ °r~ra SN " ~ ~ a~ ~~. STATEMENT OF BENEFITS -~~a; PERSONAL PROPERTY .r ~~ State Form 51764 (R / 1-06) '°'• Prescribed by the Department of Local Government Finance INSTRUCTIONS u ..a,.......... -- .... -_ .-<- ..-,y _....., _ -.n._1._.. .. -.s -~ PRIVACY NOTICE The ost and any specific individual's sala information is confidential; the bala ce of the filing is public record per 6-1.1-12.1-5.1 (c) and (d). 1. This statement must be submitted to the body designating fhe Economic Revit~ti~~+%^^ a~d~r~i~t+r~i~•r~ti~lfb lf~arino if file designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and/or research and development equipment, and/or logistical distribution equipment and/or information technology equipment for which the person wishes to claim a deduction. "Projects" planned or committed to after July 1, 1987, and areas designated aRer July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to installation of the new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment, BEFORE a deduction may be approved 3. To obtain a deduction, a person must file a certified deduction schedule with the person's personal property return on a certified deduction schedule (Form 103-ERA) with the township assessor of the township where the property is situated. The 103-ERA must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment ~ installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March 1 and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF-1 / PP annually to show compliance with the Statement ofBenefrts. (IC6-1.1-12.f-5.6) 5. The schedules established underlC 6-1.1-12.1-4.5(d) and (e) apply to equipment installed aRer March 1,. 2001. For equipment installed prior to March 2, ~nnf tha crherlules and statutes in effect at the time shall continue to apply. (IC 6-1.1-12.1-4.5(1) and (g)) •- • ~ Name of taxpayer •~ ~~~ r~1 ~l ~~ ~ ~ ~ ~ G~ I ~~ / ~ ~ reet, city, state, and ZIP code) t Address of taxpayer (number and s \^ , / ! .._~ ~ ~ ~ V ~ ^T ~I fit. / ~ ' ~ S y ~ 1 ~ J Name of contact person Telephone number ~~~-~ ~G_~/ES Name of designating body -r-~ i „ _ , ! ~ G1_' I * , ~ ~i rr~cT L-~ 1~1 r I V ~'~ ~ • Resolution number (s) Location of grope County DLGF taxing district number Ac ~T~~ ~vT~~ T Description of manufacturing equipment and/or research and development equipment ESTIMATED and/or logistical distribution equipment and/or information technology equipment. START DATE COMPLETION DATE (use additional sh4e~ts if nFece/s~sa~ry){ lA i (' Q ~i 5 V ~'~ I l~ f"t L' ~'~I ~ ~ I ~ ~~~ l~~:n"~i )'" VV Manufacturing Equipment ,`Z _ ~,5 . G~ 3 _ ~ ~_ ~~ - ~ R & D Equipment Logist Dist Equipment IT Equipment Current number Salaries Number retained Salaries Number additional Salaries MANUFACTURING NOTE: Pursuant to IC 6-1.1-12.1-5.1 (d) (2j the EQUIPMENT R 8 D EQUIPMENT LOGIST DIST IT EQUIPMENT EQUIPMENT COST of the property is confidential. COST ASSESSED VALUE COST ASSESSED COST ASSESSED COST ASSESSED VALUE VALUE VALUE Current values Plus estimated values of proposed project ~ Less values of any property being replaced f/ Net estimated values upon completion of project ~ s~ ~ • ~ ~ • '~ ~ Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other benefits: ~ f I hereby certify that the representations in this statement are true. ' Signature of authorized representative ) Title ~ ~/ Date signed (month, /d-day, (year) We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1-2.5, provides for the following limitations as authorized under IC 6-1.1-12.1-2. A .The designated area has been limited to a period of time not to exceed calendar years ` (see below). The date this designation expires is B .The type of deduction that is allowed in the designated area is limited to: 1. Installation of new manufacturing equipment; ^ Ye s ^ N o 2. Installation of new research and development equipment; ^ Ye s ~ N o 3. Installation of new logistical distribution equipment. ^ Ye s ^ N o 4. Installation of new information technology equipment; ^ Ye s ^ N o C. The amount of deduction applicable to new manufacturing equipment is limited to $ cost with an assessed value of cost D. The amount of deduction applicable to new research and development equipment is limited to $ with an assessed value of $ E .The amount of deduction applicable to new logistical distribution equipment is limited to $ F. The amount of deduction applicable to new information technology equipment is limited to $ cost with an assessed value of cost with an assessed value of G. Other limitations or conditions (specify) H. The deduction for new manufacturing equipment and/or new research and development equipment and/or new logistical distribution equipment and/or new information technology equipment installed and first claimed eligible for deduction on or after July 1, 2000, is allowed for: ^ 1 year ^6 years "For ERA's established prior to July 1, 2000, o~ a ^ 2 years ^ 7 years 5 or 10 year schedule may be deducted. ^3 years ^8 years ^4 years ^ 9 years ^ 5 years " ^ 10 years " Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. (signature and title of authorized member) Telephone number (Date signed (month, day, year) by; ~ Designated body ` If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC6-1.1-12.1-4.5 CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, personal property, located within the City of South Bend, hereby petitions the"Common Council of the City of South Bend for personal property (new manufacturing equipment) tax abatement consideration and pursuant to I.C., 6-1.1-12.1, et se and South Bend Municipal Code Section 2-84.2, et se .for this petition states the following: 1. Describe the proposed project, including information about the new manufacturing equipment personal property ("equipment") to be installed, the amount of land to be used, if any, the proposed use of the equipment, and a general statement as to the value of the project to your business. i 6tiP:t,t,~ •7'YI4. ' L1 ~~ ,,: ~" ~l `~~ L LL-~ •t0 ~ ~c`~e ~ ~~~ L~ OJT L " ~ _ ~ _ - _ ~. .R. A n 2. The project will create =new, permanent jobs within the first year, representing a new annual payroll of $ 3 n. nn (7. 0 (~ and will maintain ~, existing permanent full-time and 1 existing part-time jobs representing. an annual payroll of $~ 5 U~ ~ 0~ The projected annual salaries for each new position created are estimated to be as follows: ~ s ~S.oo .oo ~v~ ua "1"ota,~ I C5~ o0 0 . ov _ 3. Estimate the total cost of the Equipment: T 5 6 4. (a) The Equipment is owned or to be owned 6y the following individuals or corporations (if the business organization is publicly' held, indicate also the name ' of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST ~,t L~ ~ (~ L~ " ~ 70 ,2 ~ S ~-~til i'(t S i, S U i TE= I I ,~ S - .S o v i -N {~ tN `D ~ ~~- ~ ~- 6 61 q ~'G (Revised 8/2/02) - 1 (b)The following other persons lease, intend to lease, or have an option to buy this Equipment (include corporate information as required in (4)(a) above, if applicable): NAME ADDRESS INTEREST ~ ~~ 5. Give a brief description. of the overall nature of the business and of the operations occurring at the location for which tax abatement is requested: ~ ~`a ~,G 1 ~ i~ c~.c.h i ~e , ~ s ~ ~v~ a ~~,c ~: ctt t t~~e.r- ~: -F v ~'e.C. i 5z' ~~ r ~ 6. The commonly known address of the property where the Equipment is to be locatedi:TNZI{~t~LT~:~ M~+~f(IN~fLNL. 3-ro ~.~'~ ~-t~ ~~ c.c s T, y U+ T~ rid S-- so u T-N ~ ~N~, i N ~ ~ E ~ ~ 7. The Key Number of said property is: ~ ~ ~ 11 v21~ •~ l S ~ 7 S. Attach the legal description of the property where the equipment is to be located, marked "Exhibit A," and is hereby incorporated herein. 9. Attach a map and/or plat describing the property where the equipment is to be located, marked "Exhibit B," and is hereby incorporated herein. 10. Attach photographs of the property, taken within 30 days of filing of this petition, marked "Exhibit C," and hereby incorporated herein. 11. The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment is $ ~ (This information may be obtained from the St. Joseph County Assessors office 235-9523) 12. The current use of the real property where the Equipment is to be installed is 3 "~G ;~ G(,f , J'~~1 ~~(,t S % ~'UUT~I ~EN~ ~ fE6 ~ and the current zoning is _ GrL (use) and ~ (height and area). (This information may be obtained from the Building Department 235-9553) (Revised 8/2/02) 2 13. List the real and perso_~nal uro~er`yt taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES ~SrS6~`oZ.~i ,2 ~d~ o ~3 ~s~i, o~ (This information may be obtained from the St. Joseph County Treasurers office 235-9531) 14. Describe the commitment made within the past five years by your firm to hiring minority individuals, including number of minorities employed during each of the past five years, specifying whether full time or part-time and whether permanent or temporary employees. The Petitioner shall also list the current number of total employees (full and pa t-time and the current number of minority individuals (full and part-time).~~r j . ~_ l~g~~iF ~ a_s it~'~/_~IJ1_~ ~~~"~1~1~t,or! t ~~ C ~e~s Its ~, ' ~ td ~/v d ~ ~ ~ - ~ ~ ~.l~rmhe 71iL~'li{~`v ~~ q 15. Describe on-site child care or day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. 16. What is your best estimate of the market value of the new Equipment after installation? $ G' 17. What is your best estimate of the amount of taxes to 6e abated during each of the five years after installation? $ ~- ~ ~~' ~ G ~ 18. What is the commitment your firm will make to minority employment during -~f (~~ (Revised 8/2/02) 3 19. The Equipment has not been installed as of the date of filing of this petition. (The signature at the end of this Petition is verification of this statement) 20. The standard Industrial Classification Manual major group within which the proposed project would be classified, by number and description: ~~ ~~~ 21. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: ~- ,~ 22. The real property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelo ment Commission: ~~ 23. Other anticipated public financing for the project including, if any, industrial revenue-bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana; or other public financial assistance, including but not limited to public works improvements. ~0~1~ 24. Describe how and why the manufacturing equipment to be replaced or the facility in which Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tag revenues: 25. The new manufacturing equipment will be used in the direct production, manufacture, fabrication, assembly, extraction, mining, processing, refining, or finishing of other tangible personal property and that the equipment was never before used by its owner for any purpose in Indiana. The signature at the end of this Petition is verification of this statement. (Revised 8/2/02) 4 26. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: Name: Address: 3 I (~ ,2 (;11, S ~~y1 P( -~. 5 % ~ I f'~= l f o2 S _,~ City, State, Zip Code: S G i.l I -~ ~~ ~ I -1- N ~ ~ h / Telephone• .~ 7~ .~ ~ E - C 1 ~ C~ WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible personal property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution:. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. ,Name of Property Owner(s): ~.. ~~fCr 1. ~/~1~~ _ (Signed Na e) (Typed or printed name and capacity of signor if signed ~~ ~ by an agent or representative of the owner) .. ~ In (;~~~~' ~ Q~lCQ ~11~: MAC _ 3 2ooa vgr~,3E ~EIIA, C1S'{C~'~:Y,gC. t (Revised 8/2/02) 5 Exhibit A Legal description of the property: - Parcel of land, North West of North East Section 1637 2E. Containing 5.4021 2E acear or less. MapQuest: Maps 3702 W Sample St ' South Bend IN 46619-2947 US Notes: t~AAPtiVEST - ,... :. Sunsr;t Rl Newcome St 300tH ~~9oon ~~ ~ pl ~, ~ ~~ W Jelterson Blvd C 1a~ B°nhCld PI ~_ .5 . ~ . y ~ Q . m r, ~ r- T ~ r ~ ~'ay ~ ~ i ~ ~ a -n Napier ~t O E2~ N ,.~ ~ rn,. -- x - -- -, ti 2r .... .... -. r. W fdonroe St AortisorrC - SourhviFw= Pbrk ~ 'fturon St= _ ~ Huron St ~ rr. K - ~ o Q .. - ~ °~ ce St ~ we re - ra cy r y. 'Corp , ~- ., , '~ ' f - St o~ ~- c ur __ __ N..._~c . _:_ ordSt 4 ~ :A N- `. . Rater ~ ~ ^., r ~ ,N m , d ~ ePnyt ~ ~ ~~ ~ ~~NL c~ W Dunham St n__: p 2 ':~ 'N N , `< r D `S/ ey"rr p~ ! 0. f=ishrr St_ _. ~' ` `° c T ~' x i .o ~ ,N W Sample St r rs *.., :.... _ ~, _ ;.::. W Sar~PleSf ~ .. - c~ rr; - c. c .. .. ~ Silv.r Ln .. 49 _.:~r~ ~~i 1~' . 1. :..-.^"' Tucker Dt W Indiana Ave Dtrhail Ave_. ~ 2005 bta°Quest :nm, Inc W Calv_tt St ~ ®2005 N74VTEQ NnvTEO All_rights reserved. Use Subjeet_to License/Copyright This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. rage i or t http://www.mapquest.com/maps/print:adp?mapdata--~cd1KKnKES%2f6xg1Ry3cMGj EdFIMeYSBOgNIXsEI... 6/13/2005 4061 ao5o aaal ~~ a ao{v iota Oncrtiead Dock ~ I mm ~ ''1 ,'l - ~~ ~~ 8 8 •il f}~,{ -~ f ~~ 4x13 (~ 4113 aosa ~ •t0.i1 ~~~ .~ • ®a06a ~{ 4017 •tU1;, I. l u-~7 7 Sarllple Street. ]l3usuless C'omplel Tr'1cnc~1~.I~q~~i~L Iii i ~rt,~ . i ~ __ _ ~___~., ^ II { 0 u ~f~ .;_____ .__~, 1009 ~~ !! i 111 ~ I ?.I L..............._... ~_ .....~ f i i I ..._.. ---.._.._._.... -- I ~ I I L ~ ~ { a I ~ j o ~ ~ I a ' ~ w ~ >< ~. U N i •i N I N F-~ ~ i ( m w UJ I V ~ . 1 ~ ~ ~ L I i I 1 ' } ~ U) ' i••~ I _V • 1 i ~_I' d ILi ' C ~ I ~' CA . `i' . irl I ~ i i i _.,.: ,. ... ~T t .- ~. ._ •;.~ f ~r .' ;~~ _ ,~.,. ~.. ".., Y-._ - S rte.. ~ y-1 ~' - ~. ... ~.... . , '.. ~~$ ~-~. l `, - _ ,_ .. ~ ".i~.'~'~ S7~R _ -:!`CAI - ~ q f: ., ~ .- ?jam ~ ~ _. .-TL9~'~ ~ r ~, () i) // ~ ~. ~~ ~~ ~ti~ ~-~E • d 1~ G!~~~a ~' ~~tice ~~1~ 8 1d,A~ " 3200 ` ., . _- -. • PERFORMING ARTS CENTER I~~I~ fJo. I~-°8 March 12, 2008 Timothy A. Rouse President, South Bend Common Council 455 County-City Building South Bend, IN 46601 Re: Morris Performing Arts Center and Palais Royale Marketing Fund Appropriation Dear Mr. Rouse, I attach for filing with the South Bend Common Council an Ordinance requesting an appropriation of $2,900 within the Moms Performing Arts Center and Palais Royale Marketing Fund (Fund 273). Revenues from this fund are generated from the solicitation of funding for commercial promotion sponsorships and Moms marquee sponsorships. Pursuant to Ordinance No. 9768-07, the Morris Center has solicited and acquired funds for sponsorship of ticket stock and hereby requests funds be released to purchase said ticket stock. The amount of $2,900 is hereby requested for appropriation. The purpose for which the Moms Performing Arts Center desires appropriation consists of the following: $2,900 Purchase of Morns Performing Arts Center ticket stock The Morns Performing Arts Center requests the Council's approval of this Ordinance that will benefit the City and its citizens. Sincerely, `~ ~ Dennis J. Andres Executive Director DJA/jk Attachment ~t!~~ Ali ~'~~l`o+'~ ~i~E~~ MAR 1 8 2008 dblaN VSQ ~~ ~ta,1H. CITY C!,£FK, Morris Performing Arts Center • 21 I N. Michigan Street • South Bend, IN 46601 Office: (574) 235-9198 • Fax: (574) 235-5604 • http://www.MorrisCenterorg ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,900 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR PURCHASE OF MORRIS PERFORMING ARTS CENTER TICKET STOCK STATEMENT OF PURPOSE AND INTENT The Morris Performing Arts Center and Palais Royale Marketing Fund (Fund No. 273) was established for marketing and promoting of the Morris Performing Arts Center and Palais Royale. The marketing fund accrues from the solicitation of funding for commercial promotion sponsorships and Morris marquee sponsorships. Pursuant to Ordinance No. 9768-07, the Morris Center has solicited and acquired funds for sponsorship of Morris Performing Arts Center ticket stock and hereby requests those funds to be released to purchase said ticket stock. The amount of $2,900 is requested for appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The following sum of money is hereby appropriated and ordered set apart from and within the Morris Performing Arts Center and Palais Royale Marketing Fund for the purchase of Morris Performing Arts Center ticket stock. Account Number Description Amount 273 Morris Performing Arts Center $2,900 And Palais Royale Marketing Fund 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. << ~~ A • ~~~~.1 ~tL-- Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of 2 , at o'clock . m. Mayor, City of South Bend, Indiana PUBLfC F;EA4ING 3 rd 2EAQING NOT APPROVE. REFERRED PASSED . _.. ~ il~d In ~1erk' ~ elf ire MAR ~ g 2008 aox~ v~o ~E*:o, tN. Gm( GLER~, ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT ONE, WILLIAM A. GEYER, 52610 PORTAGE RD, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 0.85 acres located in German Township; St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district of this territory THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A part of the West Half of the Southwest Quarter of Section Numbered 22, Township Numbered 38 North, Range Numbered 2 East, lying East of the State Road leading from South Bend to Niles, Michigan, known as Portage Highway, more particularly described as follows, to-wit: Beginning at the intersection of the East and West center line of said Section Numbered 22, Township and Range aforesaid with the center line of said Portage Highway; thence Southeasterly along the center line of said highway a distance of 385 feet to the point of beginning of this description; thence Northeasterly at right angles to the center line of said Portage Highway, 209.38 feet to a point on the East line of the West Half of the Southwest Quarter of said Section Numbered 22; which point is 283.6 feet South of the East and West center line of said Section Numbered 22; thence South along the East line of the west Half of the Southwest Quarter of said Section Numbered 22, 503.25 feet to a point in the center line of said Portage Highway; thence Northwesterly with the center line of said Highway, 176.5 feet to a point; thence continuing Northwesterly with the center line of said highway, 363.9 feet to the place of beginning. Excepting from the above described tract of land a parcel more particularly described as beginning at a point on the East line of the West Half of the Southwest Quarter, said point ~:.:._ . being 283.60 South of the East-West centerline of said Section 22; thence continuing South 00°00'00" East, a distance of 4.73 feet; thence South 69°10'06" West, a distance of 167.71 feet to the Easterly right-of--way line of Portage Road; thence along saidright-of- way line North 20°43'37" West, a distance of 5.15 feet; thence North 69°24'54" East, a distance of 169.38 feet to the point of beginning. Subject to legal highways. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 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 above described real estate, with the exception of all adjacent rights-of--way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as zone CB - Community Business District provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Counci Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock .m. Mayor of the City of South Bend 1 st READING 3 -2-`{-Og PUBLIC NEAP,ING ~ rd READING JOT APPROVED REFEP,RED SASSED ~it~~ trt ~~~rlc'~ ~r~f~~e h~~qR 1 9 2008 JCHN VOORDE CI'T'Y CLERIS, S0. BEhlD, IId. PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA I (We) the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in German Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) I (We) am/are the owner(s) (hereinafter "petitioner" or "petitioners") of a parcel of land more particularly described in Exhibit "A". 2) Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, and be granted a zoning designation as herein requested, both by proper ordinance. 3) That this Petition is signed by at least (CHECK ONE): X a. one-hundred percent (100%) of the owners of the land in the territory sought to be annexed; OR _ b, fifty-one percent (51%) of the owners of the land in the territory sought to be annexed; OR _ c. the owners of seventy-five percent (75%) of the total assessed value of the land for property tax purposes. 4) The property sought to be annexed and rezoned is located at: 52610 Portage Road, South Bend, Indiana 46628 5) The Property Tax Key Number(s) is: 04-1014-024201 6) The name and address of the property owner(s) of the petition site is/are: William A. Geyer, P.O. Box 229, Lakeville, Indiana 46536 7) The name and address of the contingent purchaser(s), if applicable, is/are: Jerry Rafferty, 6079 East 300 S, Franklin, Indiana 46131 8) The parcel is 0.85 acres in size and currently has the following use(s) on it: vacant land 9) Number of people currently residing on the property: 0 10)' It is desired and requested that the petition site be rezoned From St. Joseph County zoning classification: R -Single Family Residential To City of South Bend zoning classification: CB -Community Business District for the following use(s): Commercial /Restaurant PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND. INDIANA (Cont.) I 1) The anticipated "build-out" year for the project: 2008 / 2009 12) The following information has been submitted with the Petition: 1. a legal description of the property, titled as exhibit "A "; 2. a list of names and addresses of all property owners, along with the tax key numbers, for all properties within 300 feet of the petition property; 3. seventeen (17) site plans; 4. addressed, stamped envelopes for all property owners within 300 feet of the petition property. 13) The signature(s) of all property owner(s), or Attorney for all property owner(s) Signed: ~~: ~v ~1 ~:@~'~'~- ~~ - QN~ William .Geyer P.O. Box 229 Lakeville, Indiana 46536 Phone: (574) 340-8638 14) Name, Address & Phone Number of Contact Person/Preparer: J. Bernard Feeney Lang, Feeney & Associates, Inc. 715 South Michigan Street South Bend, Indiana 46601 phone: (574) 233-1841 fax: (574) 674-0374 Filed In Gterk'~ ®~~~~ MAR 1.9 2008 aow~r ys°o ~~~D, t~+. c~rr cLaRK, Exhibit "A" Legal Description: Apart of the West Half of the Southwest Quarter of Section Numbered 22, Township Numbered 38 North, Range Numbered 2 East, lying East of the State Road leading from South Bend to Niles, Michigan, known as Portage Highway, more particularly described as follows, to-wit: Beginning at the intersection of the East and West center line of said Section Numbered 22, Township and Range aforesaid with the center line of said Portage Highway; thence Southeasterly along the center line of said highway a distance of 385 feet to the point of beginning of this description; thence Northeasterly at right angles to the center line of said Portage Highway, 209.38 feet to a point on the East line of the West Half of the Southwest Quarter of said Section Numbered 22; which point is 283.6 feet South of the East and West center line of said Section Numbered 22; thence South along the East line of the west Half of the Southwest Quarter of said Section Numbered 22, 503.25 feet to a point in the center line of said Portage Highway; thence Northwesterly with the center line of said Highway, 176.5 feet to a point; thence continuing Northwesterly with the center line of said highway, 363.9 feet to the place of beginning. Excepting from the above described tract of land a parcel more particularly descn~ed as beginning at a point on the East line of the West Half of the Southwest Quarter, said point being 283.60 South of the East-West centerline of said Section 22; thence continuing South 00°00'00" East, a distance of 4.73 feet; thence South 69°10'06" West, a distance of 167.71 feet to the Easterly right-of--way line of Portage Road; thence along said right-of--way line North 20°43'37" West, a distance of 5.15 feet; thence North 69°24'54" East, a distance of 169.38 feet to the point of beginning. Subject to legal highways. ~~~~d Its ~~~r~~'~ ®f~~c~ MAR 1 9 2008 JG~F1 VGGRD~ GI~Y GL~~i~, ~Q. ~~t~G, !N. PortageROadLegal.doc 025-1014-0243 004-1051-1293, 004-1014-023001 025-1014-024303 Meijer Stores Limited Partnership Frank Prusinski Edward Rose of Indiana Attn: Property Tax Deparhnent 52500 Portage Avenue P. O. Box 3015 2929 Walker Avenue NW South Bend, IN 46628 Kalamazoo, MI 49003 Grand Rapids, MI 49544 025-1014-0244 ' ls` Source Corporation P. O. Box 1602 South Bend, IN 46634 025-1014-0242 William F. Alford Co., Inc. P. O. Box 850 Niles, MI 49120 004-1014-024201 William Geyer P. O. Box 229 Lakeville, IN 46536 025-1014-024201 SRI Real Estate Properties, LLC 300 Johnny Bench Drive Oklahoma City, OK 73102 025-1014-024009 DFZ Portage Properties, LLC Ziker Cleaners, Inc.; David Ziker P. O. Box 540 South Bend, IN 46624 025-1014-0240 Wal Mart Real Estate Business Trust #2680 Property Tax Dept. #0555 1301 SE 18~' Street Bentonville, AR 72716 025-1014-024004 Kane Properties, LLC 3545 N. Bendix Drive South Bend, IN 46628 025-1014-024010 Teachers Credit Union P. O. Box 1395 South Bend, IN 46624 025-1014-024008 Coldwater Portfolio Partners, LLC 3670 Portage Road South Bend, IN 46628 025-1014-024001 Starbest. Hotels, LLC Attn: Dr. Chaudhry 303 S. Main Street, Suite 209 Mishawaka, IN 46544 025-1014-024007 Curtis James Investments 741 Centre View, B 1 Ft. Mitchell, KY 41017 MAR 1 9 2008 J~~ veo~zc~ car G~~~~, ~~. ~~€~~, ~r~. Near Northwest Neighborhood INCORPORATED March 19, 2008 ~ ~- ~ ~ ~ ~ ' ~ " ` _ ~ To Whom It May Concern: The Near Northwest Neighborhood, Inc. (NNN) is requesting the vacation. of the following alley: The first East/West alley North of Portage Avenue from Leland Avenue East to the first North/South Alley and a distance of 120 feet, more or less and a width of 12 feet. Being apart of Chapin Place First Plat, Portage Township, City of South Bend, St. Joseph County, Indiana. The NNN is currently rehabilitating the property adjacent (north) of this alley, and wishes to close the alley in order to: ^ increase vehicular safety -the proximity of the alley to the Leland & Portage Ave intersection increases the potential for accidents, ^ to improve the quality of life -there is currently a great deal of undesirable traffic that utilizes this cross alley, and ^ fo address public safety concerns -the alley is used for the sale of drugs and prostitution. If you have any questions, please feel free to contact me at 232-9182. Thank you for your consideration, Sincerel , Liz Nlaradik 1007 PORTAGE AVE. SovTtt SExn INDL4NA 46616 P.O. Box 1132 SovTti BErm INDIANA 46624 ~ft;~~ ~tl ~~~C~'~ ~~~4~E~ MAR 1 9 2008 J~~il~ ErCCR~~ CI'T'Y CLF_~{~, uC. CE~!~, EPI.. TEL.574-232-9182 FAx 574-232-1:171 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EASTNVEST ALLEY NORTH OF PORTAGE AVENUE FROM LELAND AVENUE EAST TO THE FIRST NORTH/SOUTH ALLEY WITH A DISTANCE OF 120 FEET, MORE OR LESS AND A WIDTH OF 12 FEET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The alley to be vacated is the first East/West alley North of Portage Avenue from Leland Avenue East to the first North/South alley and a distance of 120 feet, more or less and a width of 12 feet. Being a part of Chapin Place First Plat, Portage Township, City of South Bend, St. Joseph County, Indiana hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: 018-1059-2531/ Lot number- 2 018-1059-2532/ Lot Number - 30 feet north side of Lot 1 Section IV. The purpose of the vacation of the real property is to increase vehicular safety, to improve the quality of life and to address public safety concerns. This is an east/west cross alley of which the eastern portion has already been vacated. Due to the proximity of the alley to the intersection of Leland Ave. & Portage Ave. there is an increased potential of accidents; the angle at which the streets intersect result in difficulty seeing the alley intersection by those traveling west and turning north onto Leland. In addition, the vacating of this alley will result in the reduction of undesirable traffic as it is currently used as a sort of "drive thru" for the sale of drugs and prostitution. The vacation will additionally help to contain trash and reduce the vandalism and crime occurring dud to the quick escape for.criminals down 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 and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 ~ , at o'clock . m. City Clerk at o'clock . m. day of , 2 , Mayor, City of South Bend, Indiana 1st REA©lNG 3 "Z`~ .-b g PU6LIC HEARlN~ $ rd READ{f`sG NC~T AaPROVE'6~ R~~E~~' ;?,~ Approved and signed by me on the ~i~Cd ~~ Ci" ~'S Q~~i~~ ~(~~ 1 ~- ~_~8 JflS°I~d VflOAQE CITY CLFiiK, S0. BEf~€fl, IN, -2528 0646 - -2503 - 2529 -0647 o GO 18-1017 18-1059 Q -2530 -0648 -2504 ¢ 18-1059 _J W J -2531 -0649 'O o~,~ ,Za.oo~ ~^ N ((J t~ -2412 '9~~ -2532 -0650 60~ 18-1057 % -2533 -0651 - 2413 / -2414 -2534 -0652 -0653 LEGAL DESCRIPTION: The alley to be vacated is the first East/West alley North of Portage Avenue from Leland Avenue East to the first North/South Alley and a distance of 120 feet, more or less and a width of 12 feet. Being a part of Chapin Place First Plat, Portage Township, City of South Bend, St. Joseph County, Indiana. ~it~~ ca t~~~~'~ Q~fi~e MAR 1 9 2008 aaw~a ~~~aRa~ C-'1'Y CLERK, E0. EE,~lD,1N. PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYSI TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION,YOU TO VACATE: A. THE ALLEY DESCRIBED AS: " n~ ~ rzc~- ~ ~ ~~`c- -~~ r f t~.to~-,--+~ c-~ ~~c -t~i.._~_ ---~u~ ~ L~ ~r-~ -PC~I~.~ Et'~'~T ~i2ST I ' - i ~-1 ~t`1.L~ ice- T ~l`~T'~L~~ ~' 1 ~~ ~-, T---~s~c ~. ~s ~ +~ ~ '•~I, - ~~ ~ )a ter: ~ rec., a --~ ~~ ~~~ ~l..r~ ~t.~-z<s-r ~ , ~--cr~~ T~wr~~~ Cz`r-E rs~' ~~ ~D, ~ ~ . ~3cs~--PH Csx~r`cr B. THE STREET DESCRIBED AS: ~, NAME (signed & printed) ADDRESS LOT # ~ v~„trt~-n By +~~ t~-ccz~+,~[~-~ ~ rt~tc~rt-r~c~ic~, lit.L. ~E~~~ Asa ~~i~l'~a'~ ®~~~~~ MAR 1 9 2008 ~o~l~ t~cor~cc _ crrY c~Frx, sc. ser~D, Ira. CONTACT PERSON (S) NAME: t--IZ ~f'CKP~71~ h~6-r ~m~at-tn-~; lticc, RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: Iao~ ~~C_-~C ~tE JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING ~CV'R-i ~1.D ~hl. y~~ ~~ SOUTH BEND, IN 46601 574-235-9221 PHONE: ~ 3~ - ~T ~ ga Scv~a i 1~..1 4(o(oa~ 1316 COUNTY-CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD O]E PUBLIC WORKS January 28, 2008 Ms. Liz Maradik Near Northwest Neighborhood Post Office Box 1132 South Bend, Indiana 46624 PHONE 574/ 235-9251 FAx 574/235-9171 TDD 574/ 235-5567 }ZE: Alley Vacation -West Half of the First EastlWest Alley North of Portage between Leland Avenue and Forest Avenue Dear• Ms. Maradik: At its meeting on January 28, 2008 the Board of Public Works reviewed your petition to vacate the above alley. The following comments and recommendations were submitted from the Engineering Division, Area Plan Commission, Community & Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office: Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the ]ands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right-of--way by the neighborhood in which it is located or to which it is contiguous. You will need a radius map showing properties within 150' of the proposed vacation and an executed Cross Access Agreement for your petition to the Common Council. Please contact Tony Molnar at (574) 235-9254 prior to nicking up your radius map. Once these concerns are addressed and you have the radius map, proceed to the City Clerk's office for your alley vacation packet. Once you return the petition to the City Clerk' s office, they will forward a notice of First Hearing, upon which the Board of Public Works will forward their recommendations to them. erely, \ y Linda M. Martin, Clerk c: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INxs PRESIDENT MEMBER MEMBER 1316 CovNTY-CITY B~*n.n~N 227 « JEFFERSON BoLtisrARn SOUTH BL•ND> INDIANA 466x1-1s3o CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR ~C3A~tD ~F I~U~LIC ®~aI~~ January 28, 2008 Ms. Liz Mal•adik Near Northwest Neighborhood Post Office Box 1132 South Bend, Indiana 46624 PHONE 574/ 235-9251 FAx 574/235-9171 TDD 5741235-5567 liE: .Alley Vacation- West Half of the First East/West Alley Nolth of Portage between Leland Avenue and Forest Avenue Dear Ms. Maradik: At its meeting on January 28, 2008 the Board of Public Works reviewed your petition to vacate the above alley. The following comments and recommendations wexe submitted fi•om the Engineering Division, Area Plan Commission, Community 3c Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office: Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right-of--way by the neighborhood in which it is located or to which it is contiguous. You will need a radius map showing properties within 150' ofthe proposed vacation and aii executed Cross Access Agreement for your petition to the Common Council. Please contact Tony Molnar at (574 235-9254 prior to piclzin~ up your radius map. Once these concerns are addressed and you have the radius map, proceed to the City Clerk's office for your alley vacation packet. Once yon return the petition to the City Clerk' s office, they will forward a notice of First Hearing, upon which the Board of Public Worlcs will foixvard their recommendations to them. Sincerely, --.ice _ ~. Linda M. Martin, Clerk c: Jeff Gibney, CED Tony Molnar, Engineering Janice,Talboom, City Clerk's Office GARY A. GILOT, P.E. CARL P. LLTTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER - Nov 28 07 10:~0a SBPD TRAFFIC [2191235-9308 p•2 INTER-OFFICE MEI~tO~ryDUi~ BOARD OF PUBLIC 1~®RFtS TO: Carl Littrell, Engineering Department John Byomi, Area Plan Commission (235-98'i3 fax) Jeff Gibney, Community-& Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Developm®nt Robert Sanders, Fire Department Andre Price, Solid-Waste Stephen Goen, Police Department Cheryt Greene, City Attorney's Office Jim Bettie, NIPSCO (irbettin nisource.gom or 2>34-2220 fax) Purpos s Onlyal FROM: Linda M. Martin, Cleric ~tY~-' RE: Request for Recommendation -Alley Vacation Location: West Half of First EastlWest Alley North of Portage Between Leland Ave and Forest Avenue (Preliminary Review) DATE: November 27, 2007 pUE; December 18.2007 PAX OR E-MAIL. TO:, 235 9171 / lmartin(c~southbandin.aov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMf NTS & RECOMMENDATIONS: - BY: t k INTER-AFFICE MEIN®IN®UM ~®~R® ®F Pl1~LIC ~!®R~S TO: Carl Littrell, Engineering Department Jahn Byorni, Area P{an Commission (235-9813 fax} Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development ' Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIP5C0 (irbettinCu~nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ';~ RE: Request for Recommendation -Alley Vacation Location: West Half of First East/West Alley North of Portage, Between Leland Ave and f=orest Avenue (Preliminary Revieuv) DATE: November 27, 2007 ®UE: December 18, 2007 FAX OR E-MAIL TO: 235-9171 / Imartinna.southbendin.aov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: BY: ~ ~ DATE: ~~/ ~~~7 ' a~~°~~®®FFOC~ ~~~®~r~®~~~ ~~AP® ~F PUBLIC ~®~~~ T®: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressef, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Andre Price, Sofid Waste Stephen Goen, Police Department ' Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettin(c~nisource.com or 284-2220 fax) For Informational . Furpo~es Only FRO~1: Linda M. Martin, Clerk ~ `y'Yt--~ RE: Request for Recommendation -Alley Vacation Location: West Half of First East/West Alley North of Portage Between Leland Ave and Forest Avenue (Preliminary Reviet~v) ®,4TE: November 27, 2007 l~l1E: December 18, 2007 F~1X ®R E-~1AIL TO: '35-171 / Imartinna southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COI~iP1lIENTS & REC0~11VIENDATIONS: ' .~ .~.~,~ t~t~ ~~ ,~f"~ ire, ~~' ~~~ rl n,~ ~~,ss~ i~~~~~~: ~~~ BY: ~~ ~~~~~ r DATE: J/~~ ~`/ G~ ~ II~ITER-OFFICE MECittORANDUIaJi EOARD OF PUELIC WORDS TO: Carl Littrell, Engin®@ring Department John Byvrni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathis, Community & Economic Dev®lopment Robert Sanders, Fire Department Andre Price, Solid~Waste . Stephen Gven, Police Department Cheryl Greene, City Attorney's Office Jim Benin, NIp5C0 (jrb®ttin~nisource.com or 284-2220 fax) For {nformational Purpos®s Only FROM: Linda M. Martin, Clerk ';'YV~-r RE: Request for Recommendation -Alley Vacation Location: West Half of First EastlVllest Alley North of Portage, Between Leland Ave and Forest Avenue (Preliminary Reviewj DATI=: November 27, 2007 ®UE: December 18, 2007 FAX OR E-N9AIL TO:, 235-9171 / ImartlnCaDsouthbendln.~ov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. GQMMENTS ~ RECOMMENDATIONS: ~~~~ BY: TE: l ~~ ~~ ~`~"~ Z0/Z0 ~9tid 1d~Q 3~II.~ QN3$ H1flOS 50669EZVL9 f ^ 0 89~~Z L09Z/Z1/ZI ' p2-18-07 ® 0 ID=+15742359697 INTER-OFFICE MEMCIRANDUM EQAR® QF PU131.IC VIdORK$ TO: Car( Littrell, Engirtesring bepartment John Byomi, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris pressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Andre Price, Solid~Waste Stephen Goen, Police Department • Cheryl Greene, City Attorn@y`s Office Jim Bettin, NIPSCO (lrbettinna nisource.com or 284-2220 fax) For Informational Purposes Only • FROM: Linda M, Martin, Clerk •!Yi,L- Rf=: Request for Recommendation -Alley Vacation { ' Location: West Haff of First EastllNest Alley North of Portage Between Leland I ~ Ave and Forest Avenue • (Preliminary Review) DATE: ~ November 27, 2007 ,. -- - DUE: pecember 18, 2007 ` FAX OR E-MAIL TO:, 235.9171 / Imartin(c~southbentlin.yov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. 2©:09 COMMUNITY DEVELOPtdENT CO/~M}j AfIENTS &_R~COMM_E_~N1 DATIONS: ~ / I«fB~~'ndcMe~ Iticr UCCcha~ ~(eCee~. hd ;S~SUCS 6~~5~~~~~1 P.D1 BY: ~~t•~~I'D~~C~l O DJ~Sd'LI DATE: ~~~~91 ~~ -7- • INTER-OFFICE MEMORANDUM EOARD OF PUELIC WORKS TO: ~%~rl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development vG~'Dressel, Community & Economic Development ~B b Mathia, Community & Economic Development ~,~obert Sanders, Fire Department Andre Price, Solid Waste v~fephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettin(a,nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ;'YVt-- RE: Request for Recommendation -Alley Vacation Location: West Half of First East/West Alley North of Portage, Between Leland Ave and Forest Avenue (Preliminary Review) DATE: November 27, 2007 DUE: December 18, 2007 FAX OR E-MAIL TO: 235-9171 / Imartin(a~southbendin.goy RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS ~ RECOMMENDATIONS: BY: DATE: ~~' ®~~~ ®~ ~~bii~ ~~~ ~~ ur. n' .' J L~ ~ [-..--.~xi - gyn. a. ,...,~. .., ~uaa., ~- J;',iJ ;' ; 2C~~3 /0.i Ya MAN/TOU ~ p no ~ 'Qj, "` '' - 22- 0650 n ° ~ °`" / H o 0 i. I ~~'~C1~ -2533Wj 2/_0651' ~` ~v ~ ~~ ~ v _ i. 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'``I,t /.~; '~ PLACE END PLAT - SHETTERLEY PLACE 2ND F~„~, PLAT :="?~. ,, ANDERSON'S IST SUB. ~~ '. ,.O n ST, JOSEPH COUNTY i~,_~ ~+,~~ AGRICULTURAL 90CIETY ADD- - ANDERSON, DU9HANE, 8 y„ r.S ~L . ;S(~' PUTNAN{'S SUB. ., F.. , , :.y ~ M ,•~, ~ j ~ ~+~ ~ S7A7E BANK OF INDIANA PLAT OF OUTLOTS, TOWN OF 'I° ~ r r ~; y?~ SOUTH GEND ~ y~ ¢.° ;.~SS~g MILLER'S SUB. OF PT. ~}~% ~-~:v:.`°I^$ SANK OUTLOT ll3 KELLER`3 SUB. O.F LOTS IG, IT, IB,B 20, BURROUGH'S SUB. { ~.. ~ , I KENT`S SUB. OF BAM< OUTLOT 114 & PT. BANK OUTL,OT 113 ~~~;,5,'."6, ~ ~:~ KENT 8 GARRISON SUB, 4`'~ SMITH B JACKSON'S SUB. '' ~~ CHAPIN'S SUB. OF BANK +~~ ~~?~ ~ ' y~~ ,'E a OUTLOTS 1 6 2 ~ ~ :l <I-. >«;~~ . v u f~ ~~yy jj~~ ~ '~ ~~`~.. , G~~ © i ~V ~ '" f ' xv.'y •. L7 _yl~ i ' 1 `~, ~ ~ J //~? ~ k~' ~4' Q I (~ .; s~s-~ -7 .~~ f ~ ~~ i I t4 Y I V J Li 1 I "` '~ r-: n~a - .o ~ O -as7B~P~ 11/7 'o n -0599 MI o 1 o p "'~ o ~ O° m 1 it s I y' a ~, I,t`,~:_,._ ~ I` :' f:lt 1 jr.F ~. ~Ix. ~~ t.. f Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www,stjosephcountyindiana.com/areaplan Fax 574 235-9813 March 19, 2008 The Honorable Council of the City of South II Bend ~ L~~ ~ ~ ~ l 2' ~ g 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of Steve and Jean Cooreman to zone from R Single Family District and OB OfficeBuffer District (County) to CB Community Business District (City), property located at the northeast corner of Cleveland Road and Lynwood Avenue lying immediately west of 21275 Cleveland Road and south of 52776 Lynwood Avenue, City of South Bend - APC# 2463-08 Dear Council Members: I hereby Certify that the above referenced ordinance of Steve and Jean Cooreman was legally advertised on Thursday, March 6, 2008 and that the Area Plan Commission at its public hearing on Tuesday, March 18, 2008 took the following action: Upon a motion by John DeLee, being seconded by Richard Warner, with Donna Chamblee abstaining, and carried, the proposed ordinance and site development plan of Steve and Jean Cooreman to zone from R Single Family District and OB OfficeBuffer District (County) to CB Community Business District (City), property located at the northeast corner of Cleveland Road and Lynwood Avenue lying immediately west of 21275 Cleveland Road and south of 52776 Lynwood Avenue, City of South Bend is sent to the Common Council with a favorable recommendation subject to Written Commitments that (1) that the egress from the proposed development onto Lynnwood be reviewed by the City Engineer and if it is determined that left out only drives are acceptable, then the design of the egress points will be such that right turn movements onto Lynwood are prohibited; (2) no drive-thru window on the north building; and (3) providing access to the east property. The area along Cleveland Road is commercia]Jbusiness in nature and will adequately support the development of further commercial businesses. Cleveland Road is a major thoroughfare which supports the type of traffic associated with this type of commercial development. This plan is consistent with what the City of South Bend has envisioned for this area when was adopted City Plan in November of 2006. The required landscaping and buffer yard should buffer the adjacent residential area to the north. The written commitment requiring access to the adjacent eastern property will help connectivity between developments should the adjacent property further develop and should lessen the traffic impact if the adjacent site were developed commercially. Searing South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana 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, ~, GU. ~. hn W. Byo ' JWB:sr Attachment CC: Steve and Jean Cooreman Danch, Harner & Associates, Inc. Staff Report APC # 2463-08 Owner: Steve and Jean Cooreman Location: The northeast corner of Cleveland Road and Lynwood Avenue lying immediately west of 21275 Cleveland Road and south of 52776 Lynwood Avenue Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from R Single Family District and OB Office Buffer District (County) to CB Community Business District (City) to allow restaurants with and without drive-thru window, retail uses, financial uses with or without adrive-thru window. Land Uses and Zoning: On site: On site are two single family homes. One zoned R Residential and one zoned OB Office Buffer District. North: To the north are single family homes zoned R Residential within the County. East: To the east is a funeral home zoned OB Office Buffer District within the County. South: To the south the toll road is vacant land zoned SF1 within the City of South Bend. West: To the west is a beauty shop zoned B Business within the County. District uses and development standards: The "CB" Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The site is approximately 4.92 acres. The site plan indicates three one-story commercial buildings totaling approximately 30,000 square feet. The buildings will cover approximately 16% of the site. 169 parking spaces are shown for the development. Parking and drive will cover an additional 62% of the site. A residential buffer yard and screening will be provided along the northern property line. Landscaping and open space will cover the remaining 22% of the site. The site plan proposes four access points: two from Cleveland Road and two from Lynnwood Avenue. Zoning and land use history & trends: The site was petitioned for annexation and rezoning to CB Community Business District in May of 2004. The petition was giving a favorable recommendation from the Area Plan Commission. The petition was subsequently withdrawn in July of 2005, prior to receiving a public hearing by the City Council. Traffic and transportation considerations: Cleveland Road has four lanes. Lynnwood Avenue has two lanes. Utilities: The site will be served by municipal utilities. Steve and Jean Cooreman #2463-08 Page 1 of 3 Rezoning from: TTR" SINGLE FAMILY & "4B" QFFICE/BUFFER to "CB" G(3MMUNITY BUSINESS '~ Zoning Key COUNTY "R" SINGLE FAMILY COUNTY "OB" OFFICE/BUFFER COUNTY "B"BUSINESS SOUTH BEND 'SFt"SINGLE FAMILY &TWO FAM-LY SOUTH BEND 'LB" LOCAL BUSINESS SOUTH BEND 'CB' COMMUNITY BUSINESS SOUTH BEND 'GB"GENERAL BUSINESS N W .I, 1', .-~ E T:. 5 1 inch equals 3a~ feet APC # 2463-08 Steve and Jean Cooreman #2463-08 Page 3 of 3 f (3/12/2008) Mark Lyons - (no subiect) Page 1 From: <Captnblye@wmconnect.com> To: <jbyorni@co.st joseph.in.us> Date: 3/11/2008 10:58 PM Subject: (no subject) Once again someone is proposing the re-zoning and developement of property on Cleveland rd. between Lynnewood and Shellbark; and once again I am opposed to it. Any developement at this location, especially with entrances/exits on these side streets would greatly increase traffic and make these very narrow streets dangerous. This is a small community with children and elderly people who ride bikes and walk these streets; there are no side walks. It's dangerous enough as it is with out increasing traffic. Please come out and see for yourself, I will be glad to show you the neighborhood and talk to you. I am told the developer is Mr. Cooreman. All he cares about is selling, building, , and making money and not the harm it will do to the people of this neighborhood. No we don't have a lot of money like Mr. Cooreman, but we are hard working, tax paying, voters ! Don't we mater ? Why does everything have to be about the money? How about doing what's right and fair for the people. This location is just not right for any high volume business, restaurant or etc.... Developement belongs down the street on Portage and Cleveland rd. west. Everyone in the neighborhood has concerns, some different. Have you ever been out behind or down wind of a restaurant and smelled the garbage and trash ? We don't want this at our back yards; however I'm mostly concerned about people short-cutting through our neighborhood making it unsafe for the kids. don't believe anyone here would object to a low volume business such as; a law office, insurance office, real estate office, etc... As long as there are no exits/ entrances to the side streets. Another safety issue is traffic on Cleveland rd. and people entering and exiting the business. Please vote NO to this proposed re-zoning and developement. Thank you. James Blye 52577 Lilac rd. (s.w.corner Lilac/Mays) 6:00 weekdays ph. 243-1269 after or sat. </HTML> i TO: Area Plan Commission FROM: Kathleen and William Sikes - on behalf of the neighborhood encompassed by Lynnwood, Shellbark, Mays and the west side of Lilac `~ ,I We are requesting that the Commission give a "NOT RECOMMENDED" rating for the zoning request for the land at the corner of Lynnwood and Cleveland. This is about destroying a quiet, lawful neighborhood of very modest homes maintained by small incomes. This about light pollution, noise pollution and the intrusive odors of car exhaust fumes and cooking grease. None of these environmental pollutants can be effectively contained by screens, fences, filters or sticks that hope to be trees. ~ ~ This is about fear. No one wants to be perceived as refusing to allow a developer to earn a living. Everyone is afraid to be seen as opposing growth. Our economic structure seems to depend on the constant destruction of green spaces and neighborhoods so that yet another shiny building can be built. There are lots of shiny new buildings alo~ig Portage and they will look like trash in a few years as our Destructo economic ma~hines drives further north and west and creates newer and shinier areas. ;~ This is about arrogance. In a previous encounter, we made it very plain that h~ corner is an absolutely lousy place for a commercial zoning. This space will be filled vv~ problems for the county, the city and most certainly for the residents of the neighf~orhood. Yet, here we are again going over the same ground and proving the same points. !~ Why should our taxes pay for meetings, sewers, stop lights and road reconfigurations? This is also about crocodile tears. Surely during the presentation there will b~ comments made by the petitioner as to what a great new feature this area will be and how he will make every effort to be friends with the neighborhood. He already owns , ~ trashed house on the property in question and he has not attended to it or the complaints ~ nearby neighbors. To us this shows his real level of concern. The answer to a zoning change was NO three years ago. A lousy idea rarely gets better with age and this one certainly hasn't. It's still a lousy idea. MAR 1' 2 2008 ~ ~~~~ ,~~~ ~~'~ ~1 ~0 ~REa ~!u~~v co "~1~~! ra C?G ~~~~ ~~ ~n~ ~~ /~, ' ~ °~~ ~~ ~ ~~,.~oo~ ~~~., ~~ ~~~ ~ z~, ~ ~~ /'~' ~.~ h ~~,~ ~~ ~ (" A Nhk h A 0 ~~ ~~ ~ I. °~ ~~~ ~~ ~ ~ ~~ ~~ ~ ~.~~ ,~ ~ ~~ ~~~ ~~ ~~5, ~. ~v J PETITION AGAINST ZONING CHANGE By signing this petition, you indicate that you are against the rezoning and possible annexation of the property at Lynnwood and Cleveland. You also indicate that you are against this proposal because of the now and future damage to our residential area. Your signature will be a recommendation to the Area Planning Commission and, if necessary, to the Common Council to reject the rezoning proposal, to keep the zoning at `O' for office and to maintain the residential community as it is. NAME 1.~ 2.~ 3.~ 4. ~'% f+'" /• 5 v+~.~- -~...__....__"'j ~^-~ ~~ mac' . G-Z 7~~ 7 ir7~ J 6^~G ~.~/~~~-~.~ ~ J~f~ f! c'`r ~' • /S 7 a '~ -!i ~ ~ __. ~ . 8. ~-1' _ ~ ~ G'~-Q-~~2~ ~" ~ ~ `~ 5 ~ Viz. ~ .~~~~a C~.~ log ~``-~~2~~- ;~ ~~,~ ..S~C.~~ `~f/6~~ a-~~3 3p~-3?~-2 ~- ;~ ,i ~. 11. ~~~ ~~. `° 502 6~ q 5/-~-P~ ,h~rG~ ~~ . 3 ~ 2 = 3 ~ 13 . I V , (L~~r ~ > ! ~ Y~ ,~~ .,, ~ S :17 7 ~ SI!. li€%? >~ .,~/ G:~,r ~.l ~ 7 - n 15. t Sz~2~ S~j~"J~C n(1~. -zT7z~Z~ ADDRESS ~7~ ~~ I `~~~ ~ ..~ / ~ .sh~~lh~trl~ ,~~77-vr4~ z PETITION AGAINST ZONING CHANGE By signing this petition, you indicate that you are against the rezoning and possible annexation of the property at Lynnwood and Cleveland. You also indicate that you are against this proposal because of `the now and future damage to our residential area. Your signature will be a recommendation to the Area Planning Commission and, if necessary, to the Common Council to reject the rezoning proposal, to keep the zoning at `O' for office and to maintain the residential community as it is. NAME ' ~ ADDRESS 1. 2. 3. ~ ~ ~ ~ t ~ wt i l<~ ~~0/2 ~ .e ~~~~y~ T ~ ~-~y~ ~ ~~ ~ 6.~ - ~ ~ 9. ~ g1b l ~ II __ ~l l ' 11. ~ ,~~~_ ,, ~ , S 14. f 1 15. PETITION AGAINST ZONING CHANGE By signing this Petition, you indicate that you are against the rezoning and possible annexation of the property at Lynnwood and Cleveland. You also indicate that you are against this proposal because of the now and future dama Commiss on and, f ne essary, signature will be a recommendation to the Area Planning to the Common Council to reject the rezoning proposal, to keep the zoning at `O' for office and to maintain the residential community as it is. NAME 7. 8. 9. 10. 11. 12. 13. 14. 15, ADDRESS PETITION AGAINST ZONING CHANGE By signing this petition, you indicate that you are against the rezoning and possible annexation of the property at Lynnwood and Cleveland. You also indicate that you are against this proposal because of the now and future damage to our residential area. Your signature will be a recommendation to the Area Planning Commission and, if necessary, to the Common Council to reject the rezoning proposal, to keep the zoning at `O' for office and to maintain the residential community as it is. NAME ~ ADDRESS 1. .:,~.~., ~ S2yf3 ~y.rNa-.1/rap ~.~ i -. - Lam' ~ ~ ,- J ~~ / 7. L.. ~ r 10 11. ~ f 12. ~ / %; , ,, y 13. ~ ` ,' 14. ' ~ v ls. ~~~ ~l' c , ~ ~~ .~ Q - - . ~~ PETITION AGAINST ZONING CHANGE By signing this petition, you indicate that you are against the rezoning and possible annexation of the property at Lynnwood and Cleveland. You also indicate that you are against this proposal because of the now and future damage to our residential area. Your signature will be a recommendation to the Area Planning Commission and, if necessary, to the Common Council to reject the rezoning proposal, to keep the zoning at `O' for office and to maintain the residential community as it is. ADDRESS 14. 15 6. ~~~1 ~ ~~ ~~~ ~,i ~~~ PETITION AGAINST ZONING CHANGE By signing this petition, you indicate that you are against the rezoning and possible annexation of the property at Lynnwood and Cleveland. You also indicate that you aze against this proposal because of the now and future damage to our residential area. Your signature will be a recommendation to the Area Planning Commission and, if necessary, to the Common Council to reject the rezoning proposal, to keep the zoning at `O' for office and to maintain the residential community as it is. NAME ADDRES S J ,_ 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. PETITION AGAINST ZONING CHANGE By signing this petition, you indicate that you are against the rezoning and possible annexation of the property at Lynnwood and Cleveland. You also indicate that you are against this proposal because of the now and future damage to our residential area. Your signature will be a recommendation to the Area Planning Commission and, if necessary, to the Common Council to reject the rezoning proposal, to keep the zoning at `O' for office and to maintain the residential community as it is. NAME ADDRESS s /~ 3. ~ ~1,~ S~?~J.~© ~ t m Sao _ ~ r r. ~ ~ .r. t' ~ [, ~ ., ~; ~~ r 6. (-~n-a ~:,~~ ~ ~-L`•`'C`~'1w3. ,~ ~. 6 b 3 I.~yN N E u1 c~C !> t4 U~ i .. i 11. 12. 13. 14. 15. S: ~!..~. ~' _+ni'~titk PETITION AGAINST ZONING CHANGE By signing this petition, you indicate that you are against the rezoning and possible annexation of the property at Lynnwood and Cleveland. You also indicate that you are against this proposal because of the now and future damage to our residential area. Your signature will be a recommendation to the Area Planning Commission and, if necessary, to the Common Council to reject the rezoning proposal, to keep the zoning at `O' for office and to maintain the residential community as it is. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. NAME ADDRESS PETITION AGAINST ZONING CHANGE By signing this petition, you indicate that you are against the rezoning and possible annexation of the property at Lynnwood and Cleveland. You also indicate that you are against this proposal because of the now and future damage to our residential area. Your signature will be a recommendation to the Area Planning Commission and, if necessary, to the Common Council to reject the rezoning proposal, to keep the zoning at `O' for office and to maintain the residential community as it is. ADDRESS 1. ~~~'3,~ 4. 7 c~~~ /~~d 5. ~, ~ ~ 5~q~t S ~~~ 1(~rlL ASS-~yba 6. ~ c- 5 5 - 0~-'~0 ~ 8. v'~-~- 10 11. 12. 13. 14. 15. ,~~ ~' ~~ ~Sh~.11 / ~. 5, rL~ Illoa~~ ~~~' ~ i~ • ~3~j ~ eve ~ v~ Z ~f .3--1 ~~ 8 / '~ ~ 2. °~y`" ~ ~~q33 ,S'NE~G DARK a~7-`t~3Y'~ (3/13/2008) Larry Magliozzi -rezoning of property at corner of Lynnwood and Cleveland Page 1 From: "heede@netzero.net" <heede@netzero.net> To: <Imaglioz@co.st joseph.in.us> Date: 3/12/2008 9:56 PM Subject: rezoning of property at corner of Lynnwood and Cleveland Dear Mr. Magliozzi As a resident of Shellbark Avenue, I request that you do not change the zoning of property at the corner of Lynnwood and Cleveland. We do not need another eating place as we have seven in a half mile radius. In the warmer weather. when we have the windows open, we get the smells from some of the eating places, which isn't always pleasant. We also get the cups, napkins, and half eaten food tossed on our lawns and we have to clean this up, which isn't a nice task. If the property is sold, will the owner take off the top soil and then let the property grow up in weeds? We have that on the east side of Shellbark and it only encourages people to throw there garbage on the property. This "mess" has lower our property values. We try to maintain nice homes and surroundings and a sight like that does not help. Cleveland is a very busy street and entering it safely is hard now. With more traffic it will be even worse. Please consider the residents around this area when you think of changing the zoning. Thank you for your time. Eleanor A. Koester Shellbark Avenue Get your fix. Click here for reliable handyman services! http://thirdpartyoffers. netzero.net/TGL2221 /fc/I oyw6i4vd4QBHVsBeiWR7f5dZY74VrvCR683EYttpeQBOaw Xtza4bQ/ ' (3/13/2008) John Byorni rezoning of property at corner of Lynnwood and Cleveland Page 1 From: "heede@netzero.net" <heede@netzero.net> To: <jbyorni@co.st-joseph.in.us> Date: 3/12/2008 9:46 PM Subject: rezoning of property at corner of Lynnwood and Cleveland Dear Mr. Byorni: As a resident of Shellbark Avenue, I do not want the property at the corner of Lynnwood and Cleveland to be rezoned for the purpose of building an eating place. We already have seven eating places within a half mile radius and another one is not needed. In the warm weather, when the windows are open, we get the smells from some of these restaurants. We also get the trash along our street of cups, plates, napkins and bags with half eaten food in them. As residents, we have to pick this stuff up and it isn't a pleasant task at times. Cleveland is a busy street and with more traffic ,exiting our street will be very dangerous. At times I wail a good while to safely enter Cleveland. Also, I am afraid the property will have its top soil taken off and then left to grow in weeds and create another good place for people to thrown their garbage. We already have that just east of Shellbark. The look of that property has down graded the value of our property. Residents work hard to maintain a nice look neighborhood and we don't want it all ruined. Please consider the residents of the neighborhood when making a final decision. thank you for your time. Eleanor A. Koester Shellbark Avenue Get your fix. Click here for reliable handyman services! http://thirdpartyoffers. netzero.net/TGL2221 /fc/Ioyw6i4vd4P5aBnB7ytXSVL6dvON mOGTC7C1119pQEmXg gsPttstgP/ (3/10/2008) Larry Magliozzi -Fwd: To the area planning commission re: #2463-08 Page 1~j From: "Brent Cummins" <BCUMMINS@southbendin.gov> To: "Rebecca-Neese" <RNEESE@southbendin.gov> Date: ~ 3/10/2008 9:23 AM Subject: Fwd: To the area planning commission re: #2463-08 Becky, Please review. Thanks »> Kaye J Kale <mbdkjk@juno.com> 3/10/2008 9:07 AM »> Once again Mr. Coorman is trying to line is pockets with no regard for the safety of others. I hope you go check out the area before making any decision. There is no cross over on Cleveland which means people will be making u-turns on Cleveland or turning onto Lynnewood which is barely wide enough for two cars to pass. I think any rezoning of this property to anything commercial is ill advised. Kaye Kale 52450 Lynnewood Ave. F ~~~ ~~9 ~ 113 2ti08 _ ~ '" ARC pL i _C0~~11SS10N ~~ ~E _ / -- --~-.__ o - ---- X11- ~ Il- ___- _ ~..< .~ ztia~' -- a ----------_ -___- __--___- _ {` _ _ __ ~ -- - - ~--=~--._._ o~~ o~ - - - - - - _ ~ ~---- d vn v G a v // I I _ o v ~~~-- ~-~~L ~ ~~~ ~ O - GLC-o d ~~/ .ql.~ --~- _ -y=~~~l" i /~ i' ~v -' _ny ,, - ~ . _ ~~ ~'~ I ~ ~~ 0~ -'~ -~ » v ~~`~O ~-~OSL d d - ~N ~_ ~'~ ~.. ~/ - - -=-- :et March 14, 2008 r--•, - g H~~H ~A~'a6~~'s~15~ib~~~.~c7io9a Area Plan Commission of St. Joseph County John W. Byomi, Executive Director Larry P. Magliozzi, Assistant Director 1140 County-City Building South Bend, IN 46601 RE: APC 2463-08 . Dear Sirs, Thank you for the opportunity to respond to the requested rezoning of the proposed development by the Cooreman Group at Lynnewood and Cleveland Roads. We believe in the wisdom of the Area Plan Commission to respect and protect the rights of the homeowners and the public from unnecessary over-development in areas that are not suitable. With the Portage Prairie Development there is no shortage of Community Business District property on the Northwest side. City and County governments in South Bend need to retain residential areas and not sell out to developers whose best use of this property for them is a 24 hour retail business. He who wants a 24 hour McDonald's next to their home cast the first vote for rezoning. This area does not have supporting streets from the side or rear of the property. Cleveland Road entrances would be costly and dangerous, and would further congest the area and the availability between the commercial corridors on Business 31 and the Portage district. Cleveland is also the main east/west link in our city and should not be over-developed and congested. Whether it's a city zone or county zone, the area should not be changed at the expense and inconvenience of the areas' residential citizens. The area can be developed for churches, banks, medical/dental, or professional offices, condos, villas, a "Golden Dome View" retirement community, or other SOFT commercial use. Please consider voting against the zoning change for the property at Cleveland and Lynnewood. Does South Bend have the money available to annex the area; put streets, sidewalks, traffic lights, turn lanes, water, sewer, sewer lift stations, as well as street lights for the whole neighborhood for such a small area of revenue from the development? Put retail with other retail and acceptable soft commercial blending with the residential zone that's 95% of the immediate area. That strip is one of the main windows of our city from the Toll Road view. Let's get it cleaned up and construct something classy and attractive there please. Thank you for your consideration. Phil and Carry Maternowski 21387 Mays Drive South bend, IN 46628 _•1 Mark Lyons -propisosed rezoning ~ .~ From: Joan Aldrich To: , , Date: 3/18/2008 9:56 AM Subject: propisosed rezoning CC: Dear Sirs and Madam It has come to my attention that there is a proposal afoot to rezone Cleveland Road in the vicinity of Shellbark and Lynnewood. I have serious concerns regarding such a rezoning inasmuchas it is very near my home at 52921 Lilac Road; in fact, it may abut my backyard. I understand that the general area around Cleveland Road and Portage Avenue is rapidly becoming commercial. However, it is clear that the small area of private homes that is bounded by Lilac Road, Mays Drive, Lynnewood Ave, and Cleveland Road will probably never be annexed into the city of South Bend, and thus we will never receive the benefits of being part of the city. Thus it is important to us home-owners to protect and preserve the intended use of our private lands. I could live with rezoning to an office-buffer use since that would preserve my privacy as much as possible. However, the possibility of businesses that might be open late, have food-waste that attracts pests, and pollution by lights and noise is completely unacceptable. Besides being an impingement on my use of my property, I fear that such rezoning would imperil my property value and might even imperil my personal safety. Thus, I sincerely implore you to reject any rezoning of the Cleveland Road area that would allow any businesses beyond the scope ofoffice-buffer use. Further, I request notification of any open meetings or other methods of remonstrance that are available to me. Sincerely, Joan Aldrich 52921 Lilac Road South Bend IN 46628 574-271-4867 i e aldrich~a sbcglobal.net MAR 1 8 2008 AREA PLAPI GG'oJih99~ si~~i file://C:\Documents and Settings\Mlyons\Local Settings\Temp\XPgrpwise\47DF91DSSJC... 3/18/2008 REVISED 2/27/08 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT # 1 (STEVE & JEAN COOREMAN) (NORTHEAST CORNER OF CLEVELAND ROAD AND LYNNWOOD AVENUE LYING IMMEDIATELY WEST OF 21275 CLEVELAND ROAD SOUTH OF 52776 LYNNEWOOD AVENUE, SOUTH BEND, INDIANA 46628) STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and -for the zoning of 4.38+/- acres located in German Township, St. Joseph County, Indiana, has been filed by either fifty-one percent (51~) of the owners of the land in the territory sought to be annexed and zoned, or the owners of seventy-five percent (75$) of the total assessed value of the land for property tax purposes. It is the intent and purpose of the Ordinance to annex this territory to the City of South Bend, Indiana. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: PARCEL 2. (ANNEXATION AND REZONING TO "CB" COMMUNITY BUSINESS DISTRICT). THAT PART OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT OF INTERSECTION OF THE NORTH LINE OF CLEVELAND ROAD AND THE WEST LINE OF LYNNEWOOD AVENUE; THENCE N. 00°-00'-00" W. (ALL BEARINGS ASSUMED), 411.00 FEET MORE OR LESS; THENCE N. 90°-00'-00" E., 460.00 FEET MORE OR LESS; THENCE S. 00°-00'-00" E., 93.00 FEET MORE OR LESS; THENCE N. 90°-00'-00" E., 80.00 FEET MORE OR LESS; THENCE S. 00°-00'-00" E., 318.00 FEET MORE OR LESS TO THE NORTH LINE OF SAID CLEVELAND ROAD; THENCES. 90°-00'-00" W. ALONG SAID NORTH LINE, 540..00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 4.92 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. 2 SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 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 above described real estate, with the exception of all adjacent rights-of-way, is hereby established as "CB" Community Business District for Parcel I in the City of South Bend, St. Joseph County, State of Indiana; provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. That the above described real estate shall be and hereby is assigned to the 1st Councilmanic District of the City of South Bend, Indiana. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approved by the Mayor, and legal publication. Attest: City Clerk Member of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana on the Day of , 2 , at O'clock _. M. City Clerk Approved and signed by me on the Day of at O'clock .M. Mayor, City of South Bend, Indiana 1st READING Z' i day PUGLlC NEARING 3 rd READING NOT APPROVED REFERRED A`P' ~~'~ E-0~ PASSED 2 , ~i{~~ 1~ ~l~r'~c'~ ~~f~~~ ~!~A - 3 2CC8 SOHcd V'JCEYC'E CITY Gi.i:E:K, ~D. 9Ed~dD, dN. Revised 2/27/08 PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA We the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in German Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm (s) as follows 1). We are the owner(s) (hereinafter "petitioners") of a parcel of land more particularly described in Exhibit "A". 2). Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, and be granted a zoning designation as herein requested, both by proper ordinance. 3). That this Petition is signed by at least (CHECK ONE): X a. fifty-one percent (51g) of the owners of the land In the territory sought to be annexed; OR b. the owners of seventy-five (75~) of the total assessed value of the land for property tax purposes. 4). The property sought to be annexed and rezoned is located at the Northeast corner of Cleveland Road and Lynnwood Avenue lying immediately West of 21275 Cleveland Road and South of 52776 Lynnwood Avenue, South Bend, Indiana 46628. 5). The Property Tax Key Number(s) 04-1050-1183.01, 04-1057-1380, 04-1057-1381, 04-1057-1382, 04-1057-1383, 04-1050-1182 6). The name and address of the property owners of the petition site is/are: Steve & Jean Cooreman 4404 Technology Drive South Bend, Indiana 46628 (574) 277-0116 7). The name and address of the contingent purchaser(s), if applicable, is : Ti/A 8). The property is 4.92+/- acres in size and currently has the following use(s) on it: Single-Family homes & Vacant land. 9). The number of current residents in the annexation area: None. 2 10). It is desired and requested that the petition site be rezoned From: St. Joseph County zoning classification "R" Single Family District & "O/B" Office/Suffer District To: City of South Bend zoning classification "CB" Community Business District for the following uses: Restaurants with and without a drive- thru window, Retail uses, Financial uses with or without a drive-thru window. 11}. The anticipated "build-out" year for the project: 2012 with favorable economic market conditions. 12). Proposed number of lots: Approximately One to Three. 13). The proposed miles of new roadways: None. 14). The following as been submitted with the Petition: 1). A legal description of the property, titled Exhibit "A"; 2). A list of names and addresses of all property owners, along with the tax key numbers, for all properties within 300 feet of the petition property; 3). Seventeen (17) site plans; 4). Addressed, stamped envelopes for all property owners within 300 feet of the petition property 15). The signature(s) of all property owner(s), or Attorney for all property owner(s). Signed: S eve Cooreman 4 04 Technology Drive South Bend, Indiana 46628 (574) 277-0116 b ~wG~w~- J Cooreman 4 4 Technology Drive South Bend, Indiana 46628 (574) 277-0116 Name, Address ~ Phone Number of Contact Person/Preparer: Danch, Harner ~ Associates, Inc. C/O Michael Danch 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003. ~~~~~ !~ ~~~r~'~ ~~f~~~ t~'AP, - 3 2008 JS_!(,~d VCrS)C~t~E C~T'f CLcd:C, U. [3EF~~, iN.