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Home My WebLink About02-28-2022 Agenda PacketMEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: DAWN M. JONES, CITY CLERK DATE: THURSDAY, FEBRUARY 24, 2022 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, February 28, 2022: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 The Council Chambers will be Closed to the Public. Members of the Public May Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/02282022CC 3:30 P.M. PERSONNEL AND FINANCE CHAIRPERSON, NIEZGODSKI 1.Bill No. 22-12 – Resolution Regarding Business Property Tax 3:45 P.M. PARC CHAIRPERSON, LEE 1.Organizational Meeting 3:50 P.M. HEALTH & PUBLIC SAFETY CHAIRPERSON, WAX 1.Organizational Meeting 2.Update: South Bend Police Department – Chief Scott Ruszkowski 4:35 P.M. RESIDENTIAL NEIGHBORHOODS CHAIRPERSON, WHITE 1. Update – Street Light LED Conversations, Eric Horvath 4:50 P.M. PUBLIC WORKS & PROPERTY VACATIONS CHAIRPERSON, NIEZGODSKI 1. Organizational Meeting 4:55 P.M. ZONING AND ANNEXATION CHAIRPERSON, HAMANN 1. Substitute Bill No. 133-21 – Amending the Zoning Ordinance for Property Located at 2430 Prairie Ave 2. Bill No. 04-22- 2122 & 2128 South Bend Ave Amendment for Zoning 3. Bill No. 05-22 – Amending Zoning Ordinance for Property Located at 2240 Prairie 5:10 P.M. COMMUNITY RELATIONS CHAIRPERSON, WARNER 1. Bill No. 22-11 – Resolution in Support of Academic Freedom Council President Sharon L. McBride has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Community Relations Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, S. MCBRIDE 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR HEARING AND SIGHT-IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible South Bend Common Council Meeting Agenda Monday, February 28, 2022 7:00 PM ***Due to Executive Order by Indiana Governor Holcomb, the South Bend Common Council meeting will be closed to the public and available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams: https://tinyurl.com/SBCC02282022 1. INVOCATION RABBI KAREN COMPANEZ – TEMPLE BETH-EL 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMITTEE ON MINUTES FEBRUARY 14, 2022 5. SPECIAL BUSINESS 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE BILL NO. 133-21 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2430 PRAIRIE AVE, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA (SUBSTITUTE) 04-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2122 & 2128 SOUTH BEND AVE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 05-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2240 PRAIRIE, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 8. RISE AND REPORT 9. REGULAR MEETING RECONVENED 10. BILLS ON THIRD READING BILL NO. 133-21 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2430 PRAIRIE AVE, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA (SUBSTITUTE) 04-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2122 & 2128 SOUTH BEND AVE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 05-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2240 PRAIRIE, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 11. RESOLUTIONS BILL NO. 22-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, IN SUPPORT OF ACADEMIC FREEDOM IN TEACHING INDIANA STUDENTS 22-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CALLING FOR FULL REPLACEMENT OF FUNDS AVAILABLE TO THE CITY, GUARANTEED BY THE STATE, FOR ANY CHANGES IN FUNDING RESULTING FROM ANY CHANGES IN INDIANA’S BUSINESS PERSONAL PROPERTY TAX LAWS 12. BILLS OF FIRST READING BILL NO. 08-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS FOR THE YEAR 2022 OF $183,000 FROM THE LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220), $7,800,000 FROM THE LOCAL INCOME TAX – ECONOMIC DEVELOPMENT FUND (#408), $180,000 FROM THE SEWAGE WORKS OPERATING FUND (#641), AND $347,697 FROM THE EQUIPMENT/VEHICLE LEASING (#750) 09-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 2413 PRAIRIE, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 13. UNFINISHED BUSINESS 14. NEW BUSINESS 15. PRIVILEGE OF THE FLOOR 16. ADJOURNMENT Notice for Hearing and Sight Impaired Persons: Auxiliary aid or other services are available upon request at no charge. Please give reasonable advance request if and when possible. 2022 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-06-2022) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Rachel Tomas Morgan, Chairperson Eli Wax, Member Henry Davis, Jr., Vice-Chairperson Citizen Member Citizen Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Troy Warner, Chairperson Canneth Lee, Member Eli Wax, Vice-Chairperson Lori K. Hamann, Member Citizen Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Sharon L. McBride, Member Eli Wax, Member Sheila Niezgodski, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Eli Wax, Chairperson Troy Warner, Member Karen L. White, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Rachel Tomas Morgan, Chairperson Canneth Lee, Member Lori K. Hamann, Vice-Chairperson Citizen Member Citizen Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Canneth Lee, Chairperson Henry Davis, Jr., Member Troy Warner, Vice-Chairperson Rachel Tomas Morgan, Member Citizen Member Citizen Member PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and related matters. Sheila Niezgodski, Chairperson Troy Warner, Member Eli Wax, Vice-Chairperson Henry Davis, Jr., Member Rachel Tomas Morgan, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Karen L. White, Member Lori K. Hamann, Vice-Chairperson Citizen Member Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Henry Davis, Jr., Member Canneth Lee, Vice-Chairperson Sheila Niezgodski, Member Citizen Member Citizen Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers, and all related matters. Henry Davis, Jr., Chairperson Eli Wax, Member Troy Warner, Vice-Chairperson Lori K. Hamann, Member Citizen Member Citizen Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Lori K. Hamann, Chairperson Sheila Niezgodski, Member Henry Davis, Jr., Vice-Chairperson Karen L. White, Member Citizen Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council. Troy Warner, Member Eli Wax, Member 2022 COMMON COUNCIL STANDING COMMITTEES (Rev.01-06-2022) CANNETH LEE, 1ST District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Health & Public Safety Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Information & Technology Committee, Member Community Relations Committee, Member HENRY DAVIS, JR. 2nd District Council Member Utilities Committee, Chairperson Residential Neighborhoods Committee, Member Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member Zoning & Annexation Committee, Vice-Chairperson PARC Committee, Member SHARON L. MCBRIDE, 3rd District Council Member President Council Rules Committee, Member TROY WARNER, 4TH District Council Member Community Relations Committee, Chairperson Health & Public Safety Committee, Member Utilities Committee, Vice-Chairperson Personnel & Finance Committee, Member PARC Committee, Vice-Chairperson Sub-Committee on the Minutes, Member ELI WAX, 5TH District Council Member Health & Public Safety Committee, Chairperson Utilities, Member Community Relations, Vice-Chairperson Sub-Committee on Minutes, Member Personnel & Finance, Vice-Chairperson Council Rules Committee, Member Committee Investment, Member SHEILA NIEZGODSKI, 6TH District Council Member Vice-President Personnel & Finance Committee, Chairperson Residential Neighborhoods Committee, Member Public Works & Property Vacation, Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson PARC Committee, Member Community Investment Committee, Chairperson Personnel & Finance Committee, Member Health & Public Safety Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Public Works & Property Vacation, Member Health & Public Safety Committee, Vice-Chairperson Zoning & Annexation Committee, Member LORI K. HAMANN, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Community Relations Committee, Member Public Works & Property Vacation, Vice-Chairperson Utilities Committee, Member Information & Technology Committee, Vice-Chairperson SUBSTITUTE BILL NO. 133-21 SUBSTITUTE BILL NO. 133-21 ORDINANCE NO. ---- AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BENO, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2430 PRAIRIE AVE, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT 1750 Square Feet strip mall with four (4) store fronts and two to three (2-3) outlets. Petitioners desire to rezone the property from S 1 SUBURBAN NEIGHBORHOOD 1 DISTRICT TO C COMMERCIAL DISTRICT & S2 SUBURBAN NEIGHBORHOOD 2 DISTRICT. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: The northern 250' of a tract of land in the Northwest Quarter of Section 22, Township 37 North, Range 2 East, described as follows: Beginning at a point on the East line of the Northwest Quarter of said Section 22 which point is 328 feet South of the Northeast comer thereof; thence South 56°44' West 272.88 feet along the center line of Prairie Avenue to the Point of Beginning of the tract herein conveyed; thence Southwest along the center line of Prairie Avenue 241.92 feet; thence South and parallel with the East line of said Northwest Quarter Section 557 .5 feet; thence East 430 feet more or less; thence North along the center line of Locust Road 622 .62 feet more or less; thence South 56°44 ' West parallel with the center line of Prairie Avenue 185.88 feet; thence North and parallel with the East line of said Northwest Quarter Section 50 feet; thence South 56°44' West a distance of 87 feet; thence North parallel with the East line of said Northwest Quarter Section 185 .88 feet to the place of beginning. EXCEPTING A part of the Northwest Quarter of Section 22, Township 37 North, Range 2 East, in the City of South Bend, in St. Joseph County, Indiana, described as follows: Commencing at the Northeast comer of said Quarter Section; thence South 0°00'00" East (this bearing assumed and all subsequent bearings derived therefrom) 328.00 feet along the East lime of said Quarter Section to the centerline of Prairie Avenue (S.R . 23); thence continuing South 0°00'00" East 235.88 feet along said East line; thence South 56°44 '00 " West 23.92 feet to the West boundary of Locust Road and the Point of Beginning of this description ( which point is 20.00 feet (measured at right angles) from the East line of said Quarter Section); thence South 0°00 '00" East 107.10 feet along the West boundary of said Locust Road; thence North 5°40'49" West 101.03 feet to a Northwestern line of the Owners land; thence North 56 °44'00" East 11.96 feet along said Northwestern line to the Point of Beginning. ALSO EXCEPTING A part of the Northwest Quarter of Section 22, Township 37 North, Range 2 East, in the City of South Bend, in St. Joseph County, Indiana, described as follows: Commencing at the Northeast comer of said Quarter Section; thence South 0°00'00" East (this bearing assumed and all subsequent bearings derived therefrom) 328.00 feet along the East line of said Quarter Section to the centerline of Prairie Avenue (S.R . 23); thence South 56°44 '00" West 272.88 feet along said centerline; thence South 0°00 '00 " East 35 .88 feet to the Southeastern boundary of said Prairie Avenue and the Point of Beginning of this description which point is 30.00 feet (measured at right angles) from the centerline of said Prairie Avenue); thence continuing South 0°00 '00 " East 11.96 feet along an East line of the Owners land (which land is parallel with the East line of said Quarter Section); thence South 62 °10 '30" West 105 .35 feet to the Southeastern boundary of said Prairie Avenue; thence North 56 °44 '00 " East 111.43 feet along said Southeastern boundary to the Point of Beginning. ALSO EXCEPTING Part of the Northeast Quarter of the Northwest Quarter of Section 22, Township 37 North, Range 2 East, Portage Township , St. Joseph County, Indiana, described as follows: Commencing at the Northeast comer of the Northwest Quarter of said Section 22; thence South 0°00'00" West along the East line of said Northwest Quarter a distance of 1158.50 feet; thence South 88°51 '29" West a distance of 30 .01 feet to the West boundary of Locust Road and the Point of Beginning of this description; thence South 88 °51 '29" West a distance of 40.00 feet ; thence North 0 °00'00" East a distance of 60.00 feet ; thence North 88 °51 '29" East a distance of 40.00 feet to the West boundary of said Locust Road; thence South 0 °00'00" West along said boundary 60 .00 feet to the Point of Beginning. Property Address Reference: V/L Prairie and Locust, South Bend, IN 46628 be and the same is herby established as C COMMERCIAL DISTRICT SECTION II. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend, SL Joseph County, State oflndiana: The remaining portion of tract of land, excluding the northern 250', in the Northwest Quarter of Section 22 , Township 37 North, Range 2 East, described as follows: Beginning at a point on the East line of the Northwest Quarter of said Section 22 which point is 328 feet South of the Northeast comer thereof; thence South 56 °44 ' West 272.88 feet along the center line of Prairie Avenue to the Point of Beginning of the tract herein conveyed; thence Southwest along the center line of Prairie Avenue 241.92 feet; thence South and parallel with the East line of said Northwest Quarter Section 557.5 feet; thence East 430 feet more or less; then ce 2 - North along the center line of Locust Road 622.62 feet more or less; thence South 56°44' West parallel with the center line of Prairie Avenue 185.88 feet; thence North and parallel with the East line of said Northwest Quarter Section 50 feet; thence South 56°44' West a distance of 87 feet; thence North parallel with the East line of said Northwest Quarter Section 185.88 feet to the place of beginning . EXCEPTING A part of the Northwest Quarter of Section 22, Township 37 North, Range 2 East, in the City of South Bend, in St. Joseph County, Indiana, described as follows: Commencing at the Northeast corner of said Quarter Section; thence South 0°00'00" East (this bearing assumed and all subsequent bearings derived therefrom) 328.00 feet along the East line of said Quarter Section to the centerline of Prairie Avenue (S .R. 23 ); thence continuing South 0°00'00" East 235.88 feet along said East line; thence South 56°44'00" West 23.92 feet to the West boundary of Locust Road and the Point of Beginning of this description (which point is 20.00 feet (measured at right angles) from the East line of said Quarter Section); thence South 0°00'00" East 107.10 feet along the West boundary of said Locust Road; thence North 5°40'49" West 101.03 feet to a Northwestern line of the Owners land; thence North 56°44'00" East 11.96 feet along said Northwestern line to the Point of Beginning. ALSO EXCEPTING A part of the Northwest Quarter of Section 22, Township 37 North, Range 2 East, in the City of South Bend, in St. Joseph County, Indiana, described as follows: Commencing at the Northeast corner of said Quarter Section; thence South 0°00'00" East (this bearing assumed and all subsequent bearings derived therefrom) 328.00 feet along the East line of said Quarter Section to the centerline of Prairie Avenue (S.R. 23); thence South 56°44'00" West 272 .88 feet along said centerline; thence South 0°00'00" East 35.88 feet to the Southeastern boundary of said Prairie Avenue and the Point of Beginning of this description which point is 30.00 feet (measured at right angles) from the centerline of said Prairie Avenue); thence continuing South 0°00'00" East 11.96 feet along an East line of the Owners land (which land is parallel with the East line of said Quarter Section); thence South 62°10'30" West 105 .35 feet to the Southeastern boundary of said Prairie Avenue; thence North 56°44'00" East 111.43 feet along said Southeastern boundary to the Point of Beginning. ALSO EXCEPTING Part of the Northeast Quarter of the Northwest Quarter of Section 22, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, described as follows: Commencing at the Northeast corner of the Northwest Quarter of said Section 22; thence South 0°00'00" West along the East line of said Northwest Quarter a distance of 1158.50 feet; thence South 88°51'29" West a distance of30.0l feet to the West boundary of Locust Road and the Point of Beginning of this description; thence South 88°51 '29" West a distance of 40.00 feet; thence North 0°00'00" East a distance of 60 .00 feet; thence North 88°51 '29" East a distance of 40.00 feet to the West boundary of said Locust Road; thence South 0°00'00" West along said boundary 60.00 feet to the Point of Beginning. Property Address Reference: V /L Prairie and Locust, South Bend, IN 46628 be and the same is herby established as S2 SUBURBAN NEIGHBORHOOD 2 3 - SECTION III. This ordinance is and shall be subject to commitments as provided by Chapter 21- 12.07(f)(7) Commitments, if applicable. SECTION IV. 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, and full execution of any conditions or Commitments placed upon the approval. Attest: Dawn M. Jones, City Clerk Office of the City Clerk Sharon McBride, Council President South Bend Com..'110n Council Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the ___ day of ________ ~ 2022, at __ _ o'clock . m. Dawn M . Jones , City Clerk Office of the City Clerk Approved and signed by me on the ___ day of ______ ., 2022, at m. James Mueller, Mayor City of South Bend, Indiana 4 - o'clock City of South Bend PLAN COMMISSION Tuesday, February 22, 2022 South Bend Common Council 227 W . Jefferson Blvd., 4th Floor South Bend, IN 46601 County-City Building 227 W. Jefferson Blvd . 14005 South Bend , I N 466 0 1 574) 235 -76 27 www . .southbendin .gov/zoning Re : Bill#133-21 -A proposed ordinance of LEOPOLD EMMA 1/2 AND HANCZ SCOTT E & HANCZ ERIC J & BULLINGTON AMY L 1/2 INT to zone from S 1 Suburban Neighborhood 1 to C Commercial and S2 Suburban Neighborhood 2, property located at 2430 W Prairie Ave, City of South Bend -PC# 0077-21 Dear Council Members: I hereby Certify that the above referenced ordinance of LEOPOLD EMMA 1/2 AND HANCZ SCOTT E HANCZ ERIC J & BULLINGTON AMYL 1/2 INT was legally advertised on December 10, 2021 and that the South Bend Plan Commission at its public hearing on February 21 , 2022 took the following action: Upon a motion by Jason Piontek, being seconded by Kyle Copelin and unanimously carried, a proposed ordinance of LEOPOLD EMMA 1/2 AND HANCZ SCOTT E & HANCZ ERIC J & BULLINGTON AMY L 1/2 INT to zone from S 1 Suburban Neighborhood 1 to C Commercial and S2 Suburban Neighborhood 2, property located at 2430 W Prairie Ave, City of South Bend, is sent to the Common Council with a FAVORAB LE recommendation, subject to 1) limiting the commercial space to the northern 250'; 2) no commercial access to Locust; and 3) a subdivision to separate the two differently zoned portions . The staff report is attached. The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, Minutes of the public hearing are available in our office and will be posted on our website once approved . Sincerely, 71~ M.Smith Zoning Administrator Attachment CC: LEOPOLD EMMA 1/2 AND HANCZ SCOTT E & HANCZ ERIC J & BULLINGT ON AMY L 1/2 INT John Tiffany Tim Corcoran Planning Director Angela Smith Zoning Adminis trator Scott Ford Commission President Staff Report -PC#0077-21 January 18, 2022 Property Information Location : 2430 W PRAIRIE AVE Owner: LEOPOLD EMMA 1/2 AND HANCZ SCOTT E & HANCZ ERIC J & BULLINGTON AMYL 1/2 INT Requested Action Rezone from S1 Suburban Neighborhood 1 to C Commercial and S2 Suburban Neighborhood 2 Project Summary Construction of a commercial strip with 4 spaces on the northern portion of the lot, with the rema inder rese rved for future development. Location Map Recommendation Staff Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission send the amended rezoning petition to the Commo n Council with an favorable recommendation, subject to the following: 1) limiti ng the commercial space to the northern 250'; 2) no commercial access to Locust ; and 3) a su bdiv ision to separate t he two differently zoned portions. SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report -PC#0077-21 January 18, 2022 Criteria for Decision Making Rezoning Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: The petition with City Plan, South Bend Comprehensive Plan (2006), Objective LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. By limiting the commercial to the northern 250', it is consistent with Objective LU2.4 Provide buffer spaces between non-compatible land uses . Land Use Plan: The future land use plan identifies this area as medium density residential. Plan Implementation/Other Plans: The neighborhood and City Planning Staff are in an ongoing planning process for the greater Rum Village Neighborhood. 2. Current Conditions and Character: The current character of the area is a mix of low-to medium density residential and small-scale commercial uses. 3. Most Desirable Use: The most desirable use for the land would be medium density residential or a development that focuses commercial uses on the far northern portion of the site while preserving the southern portion as a buffer between the higher intensity use and the low density, rural residential. 4. Conservation of Property Values: With proper buffering and limitation of commercial to the northern portion of the site, the proposed development should not have a significant impact on surrounding property values .. Prairie is a heavily traveled corridor with a mix of uses. 5. Responsible Development and Growth: It is responsible development and growth to allow for the limited commercial development close to a major thoroughfare with a medium density residential use to the south as a buffer to the rural residential in the area. Analysis & Recommendation Commitments: There are no commitment proposed at this time. Analysis: Prairie Avenue has a history of small scale commercial throughout the corridor . The neighborhood, in its most recent planning process, in the fall of 2021 has indicated a desire for commercial uses that are compatible with the surrounding neighborhood without negatively impacting property values. Limiting commercial development to the area immediately adjacent to Prairie with medium density residential in the southern portion would help protect the residential character of the area. Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission send the amended rezoning petition to the Common Council with an favorable recommendation, subject to the following: 1) limiting the commercial space to the northern 250'; 2) no commercial access to Locust; and 3) a subdivision to separate the two differently zoned portions. SOUTH BEND PLAN COMMISSION Page 4 of 4 Staff Report -PC#00??-21 January 18 , 2022 Site & Context Land Uses and Zoning: On site: On site is a wooded vacant lot. North: To the north, across Prairie, are single unit dwellings zoned S1 Suburban Neighborhood 1. East: To the east, across Locust, are single unit dwellings zoned S1 Suburban Neighborhood 1. At the southwest corner of Prairie and Locust is a vacant lot zoned C Commercial. South: To the south is a single unit dwelling zoned S1 Suburban Neighborhood 1. West: To the west is a single unit dwelling zoned S1 Suburban Neighborhood 1. District Intent: The C District is established to provide a location for medium-to high-intensity commercial uses that are auto-oriented, typically located along major corridors at the fringe of the City or as small groupings located outside of neighborhood centers. The S2 District is established to provide for, maintain, and enhance suburban neighborhoods or primarily apartment complexes or houses grouped together outside of the City's core . Site Plan Description: The most recent site plan shows a proposed commercial space on the northern 250'. The remainder of the lot is shown as S2 Suburban Neighborhood 2, which is designed for multi-family development. No specific site plan has been developed either portion. The site will need to comply with all the development standards of the appropriate district. Zoning and Land Use History and Trends: The far south western portion of the city was developed slowly during the middle of the 20th Century with small suburban ranch homes and small scale commercial along Prairie. With the construction and expansion of the Four Winds Casino in the past decade, there has been an increase in small commercial activity along Prairie . Traffic and Transportation Considerations: Prairie avenue is a two lane State-Highway with no on-street parking. Locust is a narrow two lane road with no on-street parking . Agency Comments Agency Comments: The Engineering Department stated that a traffic study would be needed and possible upgrades provided to Locust before access could be granted along the eastern property edge. A traffic study would be needed and possible upgrades provided to Locust before access was granted along the eastern property edge. Staff Comments: Commercial activity along the northern portion of the lot may be beneficial to the surrounding neighborhood if developed in a manner compatible with the other small scale commercial properties nearby. By limiting the commercial development to the northern 250' of the site, it will allow sufficient room for commercial development along Prairie without substantially impacting the surrounding residential uses. Commercial access to Locust should be prohibited . A plan for tree preservation will need to be considered . SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report -PC#00??-21 Janua ry 18 , 2022 Proposed Site Plan SOUTH BEND PLAN COMMISSION Page 2 of 4 BILL NO. 04-22 City of South Bend PLAN COMMISSION Tuesday, February 22, 2022 South Bend Common Council 227 W. Jefferson Blvd., 4th Floor South Bend, IN 46601 County-City Building 227 W. Jefferson Blvd . 1400S South Bend , Il'J 46601 574) 23 5-7627 www.southbendin .gov/zoning Re: Bill#04-22 - A proposed ordinance of DEV 2122 28 SR 23 LLC to zone from NC Neighborhood Center to C Commercial, property located at 2122 and 2128 SOUTH BEND AVE, City of South Bend - PC# 0088-22 Dear Council Members: I hereby Certify that the above referenced ordinance of DEV 2122 28 SR 23 LLC was legally advertised on February 11, 2022 and that the South Bend Plan Commission at its public hearing on February 21, 2022 took the following action: Upon a motion by Sheila Niezgodski, being seconded by John Martinez and unanimously carried, a proposed ordinance of DEV 2122 28 SR 23 LLC to zone from NC Neighborhood Center to C Commercial, property located at 2122 and 2128 SOUTH BEND AVE, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation, subject to a subdivision to match the zoning line established. The staff report is attached. The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely, J ,71.~ a.M. Smith Zoning Administrator Attachment CC : DEV 2122 28 SR 23 LLC Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commissi o n Pr e sident Staff Report -PC#0088-22 February 21, 2022 Property Information Location : 2122 and 2128 SOUTH BEND AVE Owner: DEV 2122 28 SR 23 LLC Requested Action Rezone from NC Neighborhood Center to C Commercial Project Summary Rezone to C Commercial to allow for an Automotive Lube Center to compliment the adjacent Drive and Shine facility. A portion of the existing retail shops will remain . Location Map Recommendation Staff Recommendation: Based on information available prior to the public hearing, the staff recommends the rezoning petition be sent to the Common Council with a favorable recommendation , subject to a subdivision to match the zoning lline established. SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report -PC#0088-22 2/21/2022 Site & Context Land Uses and Zoning: On site: On site is a two storefront retail bu ilding and billboard sign . North: To the north, across South Bend Ave, are properties zoned C Commercial. East: To the east is a gas station zoned C Commercial and retai l properties zoned NC Neighborhood Center. South: To the south is a former restaurant zoned NC Neighborhood Center. West: To the west is the new Drive & Shine zoned C Commercial. District Intent: The C District is established to provide a location for medium-to high-intensity connmercial uses that are auto-oriented, typically located along major corridors at the fringe of the City or as small groupings located outside of neighborhood centers. Site Plan Description: The current site plan shows the removal of one of the two storefronts and the constr uction of a Lube Center on the western portion of the site . Zoning and Land Use History and Trends: Properties along this portion of South Bend Avenue are a mix of NC Neighborhood Center and C Commercial Districts. Auto-oriented commercial is primarily focused on the north side of the street with several drive-through restaurants, a bank, and other auto-oriented uses. The south side of the street is primarily NC Neighborhood Center with C Commercial properties scattered throughout. The South Bend Avenue corridor has seen significant investment and redevelopment over the past five years. Traffic and Transportation Considerations: This portion of South Bend Avenue is also State Road 23 with four travel lanes and a center turn lane . Agency Comments Agency Comments: Access will need to be coordinated with INDOT. Staff Comments: This section of State Road 23 is a heavily traveled corridor. Traffic can be a sign ificant concern and careful attention should be paid to the access location and design . To protect pedestrians. the sidewalk should be redesigned to allow for a tree lawn between the street and t he sidewalk. Criteria for Decision Making Rezoning Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan , South Bend Comprehensive Plan (2006), Objective LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Land Use Plan: The future land use plan identifies this area as Commercial. SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report -PC#0088-22 Plan Implementation/Other Plans: There are no specialized plans for this area. 2. Current Conditions and Character: 2/21/2022 Currently, the character of this section of South Bend Avenue is primarily auto-orientated commercial uses. 3. Most Desirable Use: The most desirable use for the property would be a commercial use designed to minimize impact on pedestrian traffic. 4. Conservation of Property Values: Because this is an existing commercial corridor, the use and value of adjacent properties shou ld not be adversely affected . 5. Responsible Development and Growth: It is responsible development and growth to allow for a new business to reinvest into property along South Bend Avenue in a manner that is complimentary to the existing businesses. Analysis & Recommendation Commitments: There are no commitments proposed at this time . Analysis: Rezoning the site to C Commercial will allow for the redevelopment of an area along a major corridor into the City. This site's location on a heavily traveled State highway near the intersection with Ironwood support the request for a more auto-oriented land use. Recommendation: Based on information available prior to the public hearing, the staff recommends the rezoning petition be sent to the Common Council with a favorable recommendation, subject to a subdivision to match the zoning line established. SOUTH BEND PLAN COMMISSION Page 4 of 4 BILL NO. 05-22 City of South Bend PLAN COMMISSION Tuesday, February 22, 2022 South Bend Common Council 227 W . Jefferson Blvd., 4 th Floor South Bend, IN 46601 County-City Building 227 W. Jefferson Blvd . 1400S South Bend, IN 46 601 57 4) 235 -7627 www.southbendin .gov/zoning Filed in Ck:rl<'s Office ,-. FEB I .-.J DAWIJ lv1. JO , . , CITY CLE RK, SOUTH f3END, IN Re: Bill#05-22 - A proposed ordinance ofRMD REAL ESTATE LLC to zone from Sl Suburban Neighborhood 1 to C Commercial, property located at 2240 PRAIRIE AVE, City of South Bend -PC# 0086-22 Dear Council Members: I hereby Certify that the above referenced ordinance of RMD REAL ESTA TE LLC was legally advertised on February 11 , 2022 and that the South Bend Plan Commission at its public hearing on February 21, 2022 took the following action: Upon a motion by Kyle Copelin, being seconded by John Martinez and unanimously carried, a proposed ordinance ofRMD REAL ESTATE LLC to zone from Sl Suburban Neighborhood 1 to C Commercial, property located at 2240 PRAIRIE AVE, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation . The staff report is attached. The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, Minutes of the public hearing are available in our office and will be posted on our website once approved . Sincerely, 11-~ M.Smith Zoning Administrator Attachment CC: RMDREALESTATE LLC Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President Staff Report -PC#0086-22 February 21, 2022 Property Information Location: 2240 PRAIRIE AVE Owner: RMD REAL ESTATE LLC Requested Action Rezone from S1 Suburban Neighborhood 1 to C Commercial Project Summary Request to change south portion of property from S1 Suburban Neighborhood 1 to C Commercial to match northern portion of the property. Location Map Recommendation Staff Recommendation: Based on the information available prior to the public hearing, the staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Rep ort -PC#0086-22 Proposed Site Plan Current Zoning : NC ii' 1 i l ii' N q O co 0 0:: ii, u 0 J Current Zoning : NC Current Zoning : C Current Zoning : C ZONE MAP CHANGE FROM S-1 TO C 0 LOT 1 BECKER'S WOODHAVEN MINOR SUB , j PT . NE 1/4 , SEC . 22 , T37N , R2E , PORTAGE TWP ., ST. JOSEPH CO ., INDIANA 1--------------------1 AUTOCAD FILE : 102 1067463 DESIGN .dwg W. Ewing Ave. ,-, Current Zoning : NC Current Zoning : C Lot 1 Becker's Woodhaven Minor Subdivision Current Zoning : S-1 Current Zoning : C w-'6-E I s Current Zoning : C Current Zoning : S-1 3220 Southview Drive Elkhart, Indiana 46514 574) 266-1010 Fax : (574) 262-3040 info@sam.biz www.sam.biz 2/21/2022 t---------------------11----------------,.------------------1 i JO B NUMBER 67463 SCALE 1" = 80' DRAWN BY AKM SOUTH BE ND PLAN COMMISSION 2022 Surveying & Mapping , LLC SHEET 1 OF 1 DRAVV1NG NO . E X HIBIT Page 2 of 4 Staff Report -PC#0086-22 2/21/2022 Site & Context Land Uses and Zoning: On site : On site is currently a vacant lot. North : To the north, across Prairie Ave, is a Fire Station zoned NC Neighborhood Cen ter. East: To the east is a retail establishment zoned C Commerci al South : To the south is a wooded lot zoned S1 Suburban Neig hbo rhood 1. West: To the west is a gas station zoned C Commercial. District Intent: The C District is established to provide a location for med i um-to high-intensity commercial uses that are auto-oriented , typically located along major corridors at the fringe of the City or as small groupings located outside of neighborhood centers . Site Plan Description: There was no site plan submitted for the petition. The site will need to comply with all development stadards of the C Commercial District when developed. Zoning and Land Use History and Trends: The far south-western portion of the city was developed slowly during the middle of the 2oth Century with small suburban ranch homes and small scale commer cial along Prairie. With the construction and expans ion of the Four Winds Casino in the past decade, there has bee n an increase in small commercial activity along Prairie. The current lot is a combination of zoned C Commercial on smaller parcels adjacent to Prairie with the rear po rt ion of the lot being zoned S1 Suburban Neighborhood 1. Traffic and Transportation Considerations: Prairie avenue is a two lane State-Highway with no on-street parking. Agency Comments Agency Comments: There are no Engineering comments at this time . Engineering will fl.!llly review when the property is subm itted for Commercial Plan Review. Staff Comments: Commercial activity along the lot may be beneficial to the surrou nding neighborhood if developed in a manner compatible with the other small scale commercial properties nearby. The existing commercial properties can be developed , however the shallow depth make development more challenging . Criteria for Decision Making Rezoning Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensi ve Plan (2006), Objective LU 2 .2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report -PC#0086-22 Land Use Plan: The future land use plan identifies this area as commercial. Plan Implementation/Other Plans: 2/21/2022 The neighborhood and City Planning Staff are in an ongoing planning process for the greater Rum Village Neighborhood . 2. Current Conditions and Character: The current character of the area is small scale suburban commercial properties and other institutional uses. 3. Most Desirable Use: The most desirable use for the land would be commercial uses which fit into the small scale suburban character of the surrounding area. 4. Conservation of Property Values: The proposed development should not have significant impact on surrounding property values. The northern portion of the parcel is already zoned C Commercial. 5. Responsible Development and Growth: It is responsible development and growth to allow for the limited commercial development close to a major thoroughfare. Analysis & Recommendation Commitments: There are no commitments proposed at this time . Analysis: Rezoning the southern portion of the site to C Commercial will allow for a cohesive development site along a heavily traveled commercial corridor. The northern portion of the parcel is already zoned C Commercial. Prairie Avenue has a history of small scale commercial throughout the corridor . In recent planning process (fall of 2021 ), the neighborhood has indicated a desire for commercial uses that are compatible with the surrounding neig h borhood without negatively impacting property values . Recommendation: Based on the information available prior to the public hearing , the staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. SOUTH BEND PLAN COMMISSION Page 4 of 4 BILL NO. 22-11 Sl won L. Mc Brid e Pre sid e 11l Sh e il a N iezgod ski Vice P res idcnl Canne th Lee C ha irpe rson, Committee or the \tVh olc Cann eth Lee First Distr ict H e nry D av is, Jr. Second Distri ct Sharon L. M c Bri d e Third Dist ri ct Troy \tVam er Fo urth Di str ic t Eli W,L"\ Fifth Distr ic t She il a N iezgocl ski Si xth Di stri ct Kar e n L. \V hitc A t L,Lrge Rac hel Tomas Mo rgan A l Large Lo ri K H ,urnu rn Al La rge City of South Bend Common Council 1l!t.1 Coun ty -C ity Building • 227 W . J ellerso n Bin i South Be ll(!, Indi a n a 4660 l February 23, 2022 Filed i•-r; , k's Office r FEB 2 ';~0~2 I I. -·--~ --.. _j D/.1.\vl i, jU _1 -> South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 CI TY CLEfH<, SOUTH i:3END, IN Re: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CALLING FOR FULL REPLACEMENT OF FUNDS AVAILABLE TO THE CITY, GUARANTEED BY THE STATE, FOR ANY CHANGES IN FUNDING RES UL TING FROM ANY CHANGES IN INDIANA'S BUSINESS PERSONAL PROPERTY TAX LAWS Dear Council Members: As you know, the Indiana General Assembly is considering changes in the Indiana Business Personal Property Tax laws, including the possible elimination of the tax . Proceeds from this tax help fund local governments, including the City of South Bend. Whether changes in the tax laws will benefit the state of Indiana is a decision that rests with the legislature . However, elimination of the tax without guaranteed replacement funds will reduce the funding available to the City by an estimated $16 million. This resolution does not oppose the possible changes in the business personal property laws but does express the Council 's opposition to changes without a method of full guaranteed replacement funds for the City . The well-being of the City and its residents depends on continued funding for City Services . I ask that this proposed resolution be considered by the Personnel and Finance Committee on February 28 , 2022, followed by consideration by the entire Council at the full meeting later that evening. Thank you for your consideration. Sincerely yours, 4J.Tv:~~ .... Rachel Tomas organ, Sout encl Common Council, Member At Large 57 1-) 2:-l.'i -9:·32 I • F<L, (57 t.) 2:-l5 -9 I 7:3 • TDD (57tl.) 2(l5-55ti7 • hup://mrw.so uthhrndin .go ,· BILL NO. 22-12 BILL NO. 22-12 RESOLUTION NO. Filed in Clo; ,,'s Office DAWN M. JONES CITY CLERK, SOU TH BEN D, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CALLING FOR FULL REPLACEMENT OF FUNDS AVAILABLE TO THE CITY, GUARANTEED BY THE STATE, FOR ANY CHANGES IN FUNDING RES UL TING FROM ANY CHANGES IN INDIANA'S BUSINESS PERSONAL PROPERTY TAX LAWS WHEREAS, the Indiana legislature proposed changes to the depreciation floor and other aspects oflndiana's business personal property tax as a priority in its 2022 legislative agenda; and WHEREAS, the status of such legislation, including possible amendments, is currently in a state of uncertainty; and WHEREAS, the Common Council of the City of South Bend opposes all legislation that contemplates eliminating any portion of the personal property tax without permanent full replacement guaranteed by the state; and WHEREAS, any contemplated revenue replacement must be a source of revenue that continues to grow over time just as a property tax base would in order to allow growing communities to meet the demand for services; and WHEREAS, a permanent state tax credit applied to all proposed business personal property tax reductions, holidays, phase-outs, etc., could eliminate unnecessary burden on local government in order to continue building health Indiana communities; and, WHEREAS, the personal property tax is a relied upon method for funding many local governments; and WHEREAS, for taxing units not at the caps, a reduction in the tax base could result in property owners paying more in residential property taxes. For those communities at the caps, any phase out of the business personal property tax means a loss in revenue for local units of government; and WHEREAS, Business Personal Property Tax distributions to local units of government exceed $1 Billion; and WHEREAS, the City of South Bend in St. Joseph County could lose up to an estimated 16 million in tax revenues ; and WHEREAS, The Tax Foundation 2022 State Business Tax Climate Index lists Indiana as number one ranking for property tax; and WHEREAS, Indiana consistently ranks in the top states with an attractive business tax climate, yet a community's quality of life is an increasingly greater influencer of business relocation and growth decisions. NOW, THEREFORE, BE IS RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana opposes an legislation that contemplates eliminating any portion of the business personal property tax without full and permanent replacement guaranteed by the State of Indiana Section II. Continued full funding is necessary for the well-being oflocal governments and their citizens. Section III. This resolution shall become effective upon the date of passage Dated this 28th day of February 2022 . Sharon L. McBride, Council President South Bend Common Council 1200N Cou:-1TY-C1TY Bu1w 1NG 227 W . J EFF.ERSON BLVD. SO UTH B END, I NDI ANA 4660 l'-1 830 PHONE 574.235 .92 16 FAX 574.235 .9928 C ITY O F SO UTH B END, IN JAM ES M UELLE R, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE February 21, 2022 Ms. Sharon McBride, President Gity of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: QI 2022 Additional Appropriation Ordinance Dear President McBride, Filed in Clerk's Cw.·' FEB 2 ~3 2022 L.------=-c---c=-;::--' D/1 \ 'N M. JON ES CI TY CL E.Hr<, SOUTH BEN D, IN Dming the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2022, we plan to propose adjustments during four time periods-March, June, September and December. Based on our budget review, we are submitting the enclosed Ql 2022 additional appropriation ordinance for your consideration. I wiU present this bill to the Common Council at the appropriate committee and Council meetings. It is requested that this bill be filed for I st reading on February 28, 2022, with 2nd reading, public hearing and 3rd reading scheduled for March 14, 2022. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-9822. Regards , Daniel T. Parker City Controller BILL NO. 08-22 BILL NO. 08-22 ORDINANCE NO. ----- Fi!Pd in C'l~>tk's Uttlce r---7 fEB 2 r , ?fl~2 1 I j DAWN M. JI)', l CITY CLERK, SOU f'H bEND, lN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND C][TY SERVICES OPERATIONS FOR THE YEAR 2022 OF $183,000 FROM THE LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220), $7,800,000 FROM THE LOCAL INCOME TAX -ECONOMIC DEVELOPMENT FUND (#408), $180,000 FROM THE SEWAGE WORKS OPERATING FUND (#641), AND $347,697 FROM THE EQUQIPMENTNEHICLE LEASING FUND (#750) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2022 operating and capital budgets via Ordinance #10814- 21 , passed on October 11 , 2021 , which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana , as follows: Section I. The following amounts are hereby appropriated in fiscal year 2022 and set apart within the following designated funds for expenditures as follows: FUND Law Enforcement Continuing Education (#2 20) Local Income Tax Economic Development (#408) Sewage Works Operating (#641) Equipment/Vehicle Leasing (#750) TOTAL Amount 183 ,000 7 ,8 00,000 180,000 347 ,697 8,510,697 Section II . This ordinance shall be in full force and effect from and after its passage b y the Common Council and approval of the Mayor. Attest: Dawn M. Jones, City Clerk Office of the City Clerk Sharon L. McBride, Council President South Bend Common Council Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the ___ day of ________ ~ 2022, at ___ o 'clock m. m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the ___ day of _____ ~ 2022, at James Mueller, Mayor City of South Bend, Indiana o'clock Fund N m ,1 Dent N am Dlvl1lon Name s-aoe Work$ QD1Kation1 Sewers Ratlonllle: Fundinn for /he Sewor la/oral ReDlacement m far New Construction. I I L-Enforcement Continul.,,. Edi.Gtion Police Denartment L-Enforeement Continuino. Ed1,1Qtion Polio. Oe~rtment Ratlonllle: Roimbur!!lf1d by /he2020 4 2021 JAG {Tl)n/s I I Loe.I Income Tu. Economic Oeveinn Admlnl11Jation & Finance Local Income Tu • Economic OeveiOP. Admlnl11Jation & Finance I I I I Polio. Police General Cllu Gener JCitv I I I I City of South Band, Indiana 1st Quarter 2022 Additional Appropriation Requests increase or dacraasa in total fund axpandnuras) Account Nam Fllc IOfflc r/ Contact Name Unanticioat.d Eu,ensH AccoYnt Number ServlcH I Lateral Sewer Connection Reimb Ron O'Connor 84 1-0s-e02-50Q--431Kl11!1 Project Iner•-/ Cod• (Dee re-) Ju1tlflc Uon S 180 000 -S-er Lateral Re l cemmuFroar m I I I I I I I Totalllna\ac~ 1 e...,.... 1 s 1IO,OOO Suooorted bv N.w Revenue SuPOl iH / Other r--1tina Suoolies C.git I I Polio. EQui ment I I Ken Glowacki 220-08--080-085--422000 Ken Glowacki 220-08-080-085-5001 1 3 000 Radar Unils. DiOit I Came-• AEO's MicrcohorH 40 000 Walk in Cooler for Eviden..e S 183,000 I I I I 1 rotai s~~..,Re-- 1 S 113,000 1 Caaital Proiacts C.gital f BulldinnPurchase Capital f Bul!dina Improvements Maricela Juarez 08-04-0 0-0-40-443000 Maricela Juarez 08-0 -0 0-0-40-4 3001 2 800 000 Purchase of South Bend Comm11nl1Y Schoo) atior building 1rni LRenovation of South Bend=·Ccmmunihi1 SchYOI C.rDOl'ati<ln bu1ldina 1800 000 Ratlonllle: Purchase and ronowation of South Bend Community School Corporation admininslralKNI building. E ul menWehicle Leasina I I Admlni1tralion&Finance I I General Citv I I lnterfundTransfersOut I I Administraliw Items I I Amv Shirk 750-0-0 0-0 0 •52000 S 3 7 1!197 Tran1fer 2017 VehiclelElJUJD.LNse 2 escrow ti.!-,n,;e ID Fund'..-40 Ratlanllle: Starling in 2020, the City changftd how it accounls f« capital /eeses. The balance of the /eese procoeds hold in escrow /Jfe now accounted fer in the fund that is rop6ying the debt instead of a single leasing fund_ The 20 f 7 Vehic/e/EtJJip Lea.,s #2 is t/Je orily romaining1o/J:,e :,/ill being accounted far in Eq.iipmtH!Weh;cle L81Jsing Fund #750. This appropri/JIKNI transfers rhe remaining blll/Jnce in the lease esaow eccocmt .tom Fund #750 into the fund that is ,epayfr1r, the lease: Local Income Tax Certified She,es Fund IUO.f. Tha mmeining b/JI/Jnce In the esaow will bl> used tow8f'ds re--·-m of th debt and th-fa-e the balance of the escrow should bo accounted f« in Fund IU(H. I I I I I I I I Total,..._lr~,..._I S :u1•1 I I I I I . I Total Adcl ltlonaJ Appropri tfon• RsquNlltd S I 510 117 Filed in Cl em 's Offi ce ,----, FEB 2 212022 J DAWN M. jQN ES CITY CLER K, SOU TH BE ND, IN 2022 Budget Amendments Page 1 02/02/22 City of South Bend PLAN COMMISSION County -City Building 227 W . Jefferson Blvd . 1400S South Bend, IN 46601 57 4) 235-7627 www.sout lh bendin .gov/zoning in Cl-_-~;'s Office FEB 2 ~ ZO;Z 1 L-==----.... , -~=•=-"· J fJ AWt\J M . .J /Jt,J~,.J Honorable Committee Chair Hamann 4th Floor, County-City Building South Bend, IN 46601 CITY CIJ~RK, SOl.,/TH ~g NIJ , IN RE: 2413 Prairie Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location . Also included is the application submitted by the petitioner. Please include the attached Ordinance on the Council agenda for first reading at your February 28 , 2022 Council meeting, and set it for public hearing at your March 28th 2022 Council me~ting. The petition is tentatively scheduled for public hearing at the March 21 st 2022 South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: The project will consist of the rezoning of six lots from S 1 Suburban Neighborhood 1 to C Commercial for the establishment of a Convenience Store / Filling Station. If you have any questions, please feel free to contact our office. Sincerely, Joseph Molnar Zon ing Specialist CC : Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President BILL NO. 09-22 LILY u, :>uu1:n oena PLAN COMMISSION Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number: See below . ------------------------------- Address : 2413 Prairie Avenue , South Bend , Indiana 46614 Owner: Homela nd Village LLC / Superclean Corporation Legal Description: Lots 1-3, 55 -56 , 136-139 of Homeland Addition Tax Key Numbers : 018-8109-5419 , 018-8109-5402 , 018-8109-5421 , 018-8109-5461 , 018-8109-5460 , 018 -8109-5459 Project Summary The project will consist of the rezoning of 6 lots from a S-1 Suburban Residential zoning designation to a C -Commercial Zoning d es ig nati on necessary to s uppo rt a Convenience Store /Filling Station use located at the No rt h We st corner of the int erse ct ion of Prairie Avenue and Olive Street. Requested Action Application includes (check all that apply) Rezoning Current District: S1 Suburban Neighborhood 1 Proposed District: C Commercial Additional Districts, if applicable Additional Districts, if applicable The Plan Commission and Council will consider the following in the review of a rezon ing petition: 1) The comprehensive Plan ; 2) Current conditions and the character of the current structures and uses in each district; 3) The most desirable use for which the land in each district is adapted; 4) The conservation of property values throughout the jurisdiction; and 5) Responsible development and growth. D Subdivision -complete and attach subdivision application D Specia l Exception -complete and attach Criteria for Decision Making Use requested: ----------------------- Variance(s) -List variances below, complete and attach Criteria for Decision Making Variance(s) requested : Required Documents 0 Completed Application (including Contact Information) 0 Site Plan drawn to scale 0 Filing Fee D Additional documents as noted above Contact information Property owner(s) of the petition site: Name : Homeland Village LLC Address: 5222 West Western Avenue , South Bend , IN 46619 Np me : Superclean Corporation Address : 2400 Miracle Lane , Mishawaka, IN 46262 Nam e : Address : _________________________ _ Contact Person: Name : Steven Ruby Address : 315 W. Jefferson Blvd. So uth Bend , IN 46601 Phone Number: (574 ) 538 -2201 ----------------------- E .1 sruby@abonmarche .com - ma,: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition befoire the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owne r (s) Signatures: 1...:5 I Iv I I' I I I OLIVE STREET OLIVE & PRAIRIE C" STORE SOUTH BEND , INDIANA aABONMARC HE BILL NO. 09-22 ORDINANCE NO. ---- I vl ·• ,.-,,,.,., 's O"fire FEB 2 :_7n~2 i~D, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 2413 PRARIE, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The project will consist of the rezoning of six lots from S 1 Suburban Neighborhood 1 to C Commercial for the establishment of a Convenience Store/ Filling Station. Petitioners desire to rezone the property from S 1 Suburban Neighborhood 1 District to C Commercial District. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows : SECTION I. Ordinance No. 10689-19 , which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State oflndiana: Lots 1 -3, 55 -56 , 136 -139 of Homeland Addition. Tax Key: 018-8109-5419, 018-8109-5402, 018-8109-5421, 018-81095461 , 018-8109- 5460, 018-8109-5459 be and the same is herby established as C Commercial District SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(±)(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Cornmon Council and approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Attest: Dawn M. Jones, City Clerk Office of the City Clerk Sharon McBride, Council President South Bend Common Council Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the ___ day of _____ ~---·' 2022, at __ _ o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the ___ day of _____ ~ 2022, at m. James Mueller, Mayor City of South Bend, Indiana 2 - o'clock