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HomeMy WebLinkAbout03-14-2022 Agenda Packet OFFICE OF THE CITY CLERK DAWN M. JONES, CITY CLERK MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: DAWN M. JONES, CITY CLERK DATE: THURSDAY, MARCH 10, 2022 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, March 14, 2022: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 The Council Chambers will be Open to the Public or Members of the Public May Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/031422CC 4:00 P.M. PERSONNEL & FINANCE CHAIRPERSON,NIEZGODSKI 1. Bill No. 08-22 – Q1 2022 Additional Appropriation Ordinance 4:30 P.M. COMMUNITY RELATIONS CHAIRPERSON, WARNER 1. Bill No. 22-13 – A Resolution Establishing A Process For Selection of Community Police Review Board Office 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, SHARON L. 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, March 14, 2022 7:00 PM ***Due to Executive Order by Indiana Governor Holcomb, the South Bend Common Council meeting will be open to the public at the Council Chambers on the 4th floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601 or 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 Link: https://tinyurl.com/031422SBCC 1. INVOCATION MIKE HOUGHTALING – SPIRITUAL DIRECTOR/HOPE MISSION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMITTEE ON MINUTES FEBRUARY 28, 2022 5. SPECIAL BUSINESS BILL NO. 22-14 A SPECIAL RESOLUTION AWARDED BY THE SOUTH BEND COMMONCOUNCIL HONORING THE SOUTH BEND WASHINGTON LADY PANTHERS HIGH SCHOOL BASKETBALL TEAM FOR ITS SUCCESS IN THE 2021-2022 BASKETBALL SEASON AND IN THE INDIANA STATE BASKETBALL TOURNAMENT SPECIAL PRESENTATION FROM THE INDIANA GENERAL ASSEMBELY LOCAL REPRESENTATIVES HONORING THE WASHINGTON HIGH SCHOOL WOMEN’S BASKETBALL TEAM 6. REPORTS FROM CITY OFFICES: UPDATE: INNOVATION & TECHNOLOGY- DENISE RIEDL, CHIEF INNOVATION OFFICER 7. COMMITTEE OF THE WHOLE BILL NO. 08-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE 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) 8. RISE AND REPORT 9. REGULAR MEETING RECONVENED 10. BILLS ON THIRD READING BILL NO. 08-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE 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 FUND(#750) 11. RESOLUTIONS BILL NO. 22-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, ESTABLISHING A PROCESS FOR SELECTION OF COMMUNITY POLICE REVIEW BOARD OFFICE DIRECTOR & A PROCESS FOR APPOINTMENT OF THE INITIAL REVIEW BOARD MEMBERS 12. BILLS OF FIRST READING BILL NO. 10-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, VACATE THE FOLLOWING DESCRIBED PROPERTY: A 12 FT. WIDE PUBLIC ALLEY, RUNNING FROM DUEY AVENUE ON THE EAST TO HOWARD STREET ON THE WEST FOR A DISTANCE OF 205 FEET +/-, SOUTH BEND, INDIANA . 11-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1033 OAK STREET, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 12-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, NORTH/SOUTH ALLEY BETWEEN N. MEADE ST. AND N. KALEY ST. FROM W. KELLER ST. TO MARQUETTE BLVD. 13-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY VACATION- STREET ALLEY NEAR 1101 KING STREET 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 1200N Cou:-1TY-C1TY Bu1w 1NG 227 W . JEFF.ERSON BLVD. SO UTH B END, INDI ANA 4660 l'-1 830 PHONE 574.235 .92 16 FAX 574.235 .9928 C ITY OF SO UTH BEND, 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 CITY CLE.Hr<, SOUTH BEND, 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 Ist 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 2r , ?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 $347,697 FROM THE EQUQIPMENTNEHICLE LEASING FUND (#750) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2022 operating and capital budgets via Ordinance #10814- 21 , passed on October 11 , 2021 , which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana , as follows: Section I. The following amounts are hereby appropriated in fiscal year 2022 and set apart within the following designated funds for expenditures as follows: FUND Law Enforcement Continuing Education (#220) Local Income Tax Economic Development (#408) Sewage Works Operating (#641) Equipment/Vehicle Leasing (#750) TOTAL Amount 183 ,000 7 ,800,000 180,000 347 ,697 8,510,697 Section II . This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Attest: Dawn M. Jones, City Clerk Office of the City Clerk Sharon L. McBride, Council President South Bend Common Council Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the ___ day of ________ ~ 2022, at ___ o 'clock m. m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the ___ day of _____ ~ 2022, at James Mueller, Mayor City of South Bend, Indiana o'clock Fund N m ,1 Dent Nam Dlvl1lon Name s-aoe Work$ QD1Kation1 Sewers Ratlonllle: Fundinn for /he Sewor la/oral ReDlacement mfar 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.IIncome 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 ordacraasa intotal 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.wRevenue SuPOl iH / Other r--1tina Suoolies C.git II Polio. EQui ment I I Ken Glowacki 220-08--080-085--422000 Ken Glowacki 220-08-080-085-5001 1 3000 Radar Unils. DiOit I Came-• AEO's MicrcohorH 40 000 Walk in Cooler for Eviden..e S 183,000 I I I I 1rotai s~~..,Re--1S 113,0001 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 2800 000 Purchase of South Bend Comm11nl1Y Schoo) atior building 1rni LRenovation ofSouth 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 2escrow ti.!-,n,;e ID Fund'..-40 Ratlanllle: Starling in 2020, the City changftd how itaccounls f« capital /eeses. The balance of the /eese procoeds hold inescrow /Jfe now accounted fer in the fund that isrop6ying the debtinstead of a single leasing fund_ The 20 f7Vehic/e/EtJJip Lea.,s #2ist/Je orily romaining1o/J:,e :,/ill being accounted farin Eq.iipmtH!Weh;cle L81Jsing Fund #750. This appropri/JIKNI transfers rhe remaining blll/Jnce in the lease esaow eccocmt .tomFund #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 ofth debt and th-fa-ethe balance of the escrow should boaccounted f« inFund IU(H. I I I I I I I I Total,..._lr~,..._IS :u1•1I I I I I . I Total Adcl ltlonaJ Appropri tfon• RsquNlltd S I 510 117 Filed in Cl em 's Offi ce ,----, FEB 2212022 J DAWN M. jQNES CITY CLER K, SOU TH BE ND, IN 2022 Budget Amendments Page 1 TH 8 d City of South Bend U d PEACE Common Council 441 County-City Building 0 227 W.JdIersonn Blvd South Bend, Indiana 466011865 March 9,2022 Office Sharon L. McBride President South Bend Common Council MAR U 9 ?02Z Sheila Niczgodski 4nn Floor, County-City Building pea,-1 N__S Vice President South Bend, IN 46601 LC11TYCLERK,S06 iri 6ENO,IN Canncth Ike Re: A RESOLUTION ESTABLISHING A PROCESS FOR Chairperson, Committee SELECTION OF COMMUNITY POLICE REVIEW BOARD OFFICE of,the Whole DIRECTOR& PROCESS FOR APPOINTMENT OF THE INITIAL Cannneth Ike REVIEW BOARD MEMBERS First District In October of 2020 we passed Ordinance No. 10721-20 establishing the Henry Davis,Jr. Community Police Review Board, Review Board Office, and position of Second District Review Office Director. In August of 2021 progress took steps backward as Sharon L. McBride we dealt with the issues brought on by the discipline record of the newly Third District hired Review Office Director. Troy Warner Fourth District It is now time to start to move the process forward in a manner that is Ell Winx detailed, transparent and fair. It is now time to begin the selection of a new Filth District Review Office Director and a process for selecting the citizen members for appointment to the Review Board. Sheila Niergodski Sixth District We bring this Resolution detailing specific steps and action items to be taken Karen L. White for both processes. We believe that this level of detail on the process is At Large necessary so that all Council Members, the City Administration, and our Rachel Tomas Morgm residents know what will be done and how it will be done. At Large Lon K Munwmn Upon the passage of this Resolution these processes can begin almost At Large immediately. We ask your support of our proposed plan and these processes. Thank you for providing this Bill proper consideration. We ask that this resolution be scheduled for discussion by the Community Relations Standing Committee at its March 14, 2022, meeting and later that evening at the full Council meeting. Thank you for your consideration. 574) 235-9321• Fae(574) 235-9173 •TDD (574) 235-5567 0 I1ttI):51 1'.soullnhcudu).gov BILL NO. 22-13 4S°UTH 8 City of South Bend PEACE > Common Council 141 Couut}'-Cite Building• 227 W.,jcllcrson Bled x 1865 s South Bcnd, Indiana-16601 Sincerely yours, C Sharon L. NVFride, Council President Sheila Niezgodski, Vice-President Karen Ls White, At- Large Rachel Tomas Morgan, At- Large Canneth Lee, 1st Di rict Troy Warner, 4th District 574) 235-93210 Fax(574) 235-9173 •TDD (574) 235 5 567 0 http://Nwtivsoulhhcudiit.gov Filed ' , : . f_',ffice BILL NO. 22-13 MAR 0 8 2022 RESOLUTION NO. DA',"'N! M.JONES CITY CLERK,SOUTH BEND, IN A RESOLUTION ESTABLISHING A PROCESS FOR SELECTION OF COMMUNITY POLICE REVIEW BOARD OFFICE DIRECTOR& A PROCESS FOR APPOINTMENT OF THE INITIAL REVIEW BOARD MEMBERS WHEREAS, on October 5, 2020 the South Bend Common Council passed Ordinance No. 10721-20 establishing the Community Police Review Board, Review Board Office, and position of Review Office Director; and WHEREAS, on August 9, 2021 the Common Council also passed Ordinance No. 10804- 21 amending the Ordinance and moving the Review Board office to within the Mayoral administration with involvement and oversight by the Council; and WHEREAS, Section 2-12.1.17(a) of the Review Board Ordinance states that"[t]he Mayor, with the consultation of the Common Council, shall appoint a full-time Director of the Review Office. The Director shall be supervised and be subject to review and evaluation by the Mayor or the Mayor's designee in collaboration with the Review Board and the Common Council"; and WHEREAS, Section 2-12.1.17(b)provides that"[t]he Mayor may request the Common Council review applications and submit no more than three(3) names of candidates to the Mayor for appointment as Director. And further states that"[u[nder this process, the Common Council shall review all applications for the position of Director initially in an Executive Session, and the submission of candidate names shall be conducted through resolution approved by a majority of the Common Council"; and WHEREAS, the position of Review Board Office Director was posted in late November of 2021 and as of March 1, 2022 the City Human Resources Dept. has received 33 applications; and WHEREAS, Section 2-12.1.13 provides that Review Board Members shall be selected from nominees submitted by each member of the Common Council, including at large Council members; and WHEREAS, Section 2-12.1.13 also states that no Council Member may nominate no more than three(3) candidates for appointment to the Review Board and requires at least one (1) Board Member be appointed from each City Councilmanic district; and WHEREAS, no candidates for the Director position have been interviewed since the previous Director resigned on August 20, 2021 and no process has been approved or written to provide a guide or framework for Council as Council reviews and selects its candidates for Director, as required by the Ordinance and as stated above; and WHEREAS, applications for Review Board Members were first accepted during the summer of 2021, but none have been selected and no process has been written or approved to provide a guide or framework for Council as Council reviews and selects its appointees for Review Board Members; and WHEREAS, Council must fulfill its commitment to the community in a written and transparent process and move forward the both the processes of reviewing & selecting applicants for the Director and reviewing and appointmenting Review Board Members; and WHEREAS, Council believes that selection process plans should now be approved and put into place so that the process may begin and work on the Review Board Office can move forward. NOW, THEREFORE,be it RESOLVED that the Common Council of the City of South Bend now do hereby agree and commit to the two selection processes as follows: Section One. REVIEW & SELECTION PROCESS FOR THE DIRECTOR. 1. All applicants from the spring 2021 hiring process have been previously notified of re- opening of the application process and Human Resources has continued to collect applications since late November. 2. The position will remain open and posted on the City website until such time as the position is filled. 3.If at any point in this process no applicants in the pool are determined to be qualified or all applicants have been removed from consideration, the City shall locate and hire a recruiting company as soon as possible to assist in the search for qualified applicants and creation of a new pool of applicants using the process of this Resolution. 4.All applications shall remain in the possession of the Council Attorney and Human Resources Director and will be handed out to Council for temporary distribution and re- collection at the appropriate meetings. 5. The city Human Resources department shall have a representative ("HR Rep") involved in this entire process in an advisory role. The HR Rep shall notify applicants as they are removed from consideration during this process. 6. There shall be NO COMMUNICATION with any applicant by the Mayor, city staff/employees or Council Members to discuss the CRB Director position, hiring/interview process, the CRB board or policing outside of this process, except for as described in this process. 7. This Council review process shall consist of three interview rounds, of which the final round will be an open public meeting, and the process shall consist of at least two Community Relations Committee public input meetings as described below. 8. Prior to the start of the first round interviews the Council Attorney, Council President, Council Vice President, HR Rep, the immediate past Council President and Community Relations Chair shall meet and remove from consideration any applicant who does not hold a college degree or who lacks relevant work experience. 9. Upon passage of this Resolution the Council President and the HR Rep shall as soon as possible conduct an initial first round phone interview of applicants. 10. First round interviews shall focus on ensuring the minimum requirements and highlighting strengths of all candidates; along with a short description of the remaining hiring process to the applicant. HR Rep. and President shall determine those questions and use a scoring rubric. 11. Interviewer(s) shall take detailed notes of each interview for later review by Council & Mayor. The interview notes and scoring rubric for round one shall remain in the possession of HR Rep. or Council Attorney 12. All first round interviews shall be completed within 10 days from the start of the interviews. 13. Upon the start of the first round interview process, the Community Relations Chair shall hold a public input meeting regarding desired skills, experiences and characteristics and potential second and third round interview topics and questions. A media release announcing the meeting shall be emailed out by the Community Relations Chair at least seven(7) days prior to this public input meeting. 14. Second and third round questions shall include hypothetical situational questions designed to extract from applicants their past experiences, ethical decision making skills, critical analysis ability, and views on policing and community inclusion. Applicants shall also be asked about previous discipline and any public statements that might be seen as biased, including social media statements/posts. 15. Based on the input from the meeting discussed in paragraph#13, questions for second and third round interviews and a scoring rubric shall be prepared by the Council Attorney and Community Relations Chair. 16. Final approval of second and third round interview questions and scoring rubrics shall be made by the Council President, the Vice President, the immediate past Council President and the Chair of the Health& Public Safety Committee in consultation with the Council Attorney and HR Rep. 17. Within five (5) business days following the completion of the first round interviews, the Community Relations Committee shall hold an Executive Session to conduct an initial review of applications, scoring rubric and notes from the first round of interviews. 18. All Council Members may attend and participate; however in compliance with state open door laws no votes or tallies may be taken. The HR Rep may attend to observe and advise. The Chief of Staff may attend to observe. All applications, scoring rubrics and notes shall be distributed to all in attendance and collected prior to the end of the executive session. 19. Immediately following the Executive Session, the Council President, the Vice President, the immediate past Council President and the Chair of the Health& Public Safety Committee shall meet in a closed door session. The Council Attorney and HR Rep may attend in advisory capacity. 20. Based on the input from Council Members in the Executive Session, the Council President, the Vice President, the immediate past Council President and the Chair of the Health& Public Safety Committee may make a determination to remove applicants from further consideration and removal from the remaining hiring process. 21. Following any cuts from consideration described in the previous paragraph, the Council Attorney and HR Dept. shall create a background review packet for each applicant. 22. The background review packets shall remain in the possession of the Council Attorney and shall only be temporarily distributed to Council Members during an Executive Closed Door session discussed later. 23. The background review packet shall consist of a criminal Interstate Identification Index report (national criminal database, the most common used standard employer check) conducted by County Police Records Division at the request of the Council Attorney, a social media review report to be conducted by an outside company, and an Access to Public Records Act("APRA")request to any former government employers to be conducted by Council Attorney with assistance of City Legal Dept. 24. The APRA of the Council Attorney shall request the information listed as public record by I.C. 5-14-3-4(a)(8), including information of dates of employment, information relating to the status of any formal charges against the employee and the factual basis for a disciplinary action in which final action has been taken and that resulted in the employee being suspended, demoted, or discharged. 25. Following any cuts from consideration as described in paragraph#20, the HR Dept. shall work with the Community Relation Chair to schedule second round interviews to be held in an Executive Session(s) of the Community Relations Committee as required by the ordinance. 26. If an applicant is unable to attend the second round interviews in-person due to illness or distance of travel, they may participate in the second round interview electronically. However, in-person attendance is to be strongly encouraged. 27. All Council Members, the Council Attorney, HR Rep, Chief of Staff may attend the second round interviews of the Executive Session in-person, however participation is limited as described below. All individuals named in this paragraph must attend the interviews in-person. 28. During second round interviews all questions and discussion shall be done solely by HR Rep, the Council Attorney, and the Council President. 29. No Council Member nor the Chief of Staff may participate in the dialogue during the interviews. If they wish to have a question or line of questioning asked during the interviews they should preferably submit that in the public meeting discussion in paragraph#13, or at the minimum submit it to the Council Attorney at least 48 hour in advance of the start of the second round of interviews. 30. All applicants will be asked the same questions during the second round of interviews. Any necessary follow up questions again shall only be asked of the applicants by the Council Attorney, HR Rep or Council President. 31. Final determination of all questions shall be made by the Council President, the Vice President, the immediate past Council President and the Chair of the Health & Public Safety Committee in consultation with the Council Attorney and HR Rep. 32. Any Council Member in attendance may complete a scoring rubric for each candidate. Scoring rubrics shall remain in possession of the Council Attorney. 33. Notes of applicant responses during the second round interviews shall be taken by an HR representative. 34. The notes shall be reviewed by the Council Attorney within five (5) days of the end of the second round. The Council attorney shall make necessary redactions ofsensitive personal information and prepare the notes for public distribution. 35. Council President shall then release the second round interview response notes with no personal identifiers and demographic data of candidates with a media release within ten 10) days of the completion of the second round of interviews. Scoring rubrics shall not be made public. 36. Following the completion of the second round interviews and preparation of the background review packets, the Community Relations Committee shall hold an Executive Session to review all applications, interview notes, scoring rubrics, and the background review packets completed by the Council Attorney. 37. All Council Members may attend and participate in this Executive Session to review; however in compliance with state open door laws no votes or tallies may be taken. The HR Rep. and Chief of Staff may attend to observe and advise. 38. All applications, notes, rubrics, and background review packets shall be distributed to all in attendance and collected prior to the end of the executive session. 39. Immediately following the Executive Session the Council President, the Vice President, the immediate past Council President and the Chair of the Health& Public Safety Committee shall meet in a closed door session. The Council Attorney and HR Rep may attend in advisory capacity. 40. Based on the input from all Council Members in the Executive Session, scoring rubrics, and interview notes the Council President, the Vice President, the immediate past Council President and the Chair of the Health& Public Safety Committee shall discuss & confer and must cut the applicant pool down to no more than five(5) applicants to move forward to the third round of interviews. 41. The third round of interviews shall be a public meeting of the Community Relations Committee and shall be held as soon as possible after the reduction of candidates down to a list of no more than five (5) as described in previous paragraph. HR Rep and Community Relations Chair shall coordinate the scheduling of one public meeting to introduce and interview remaining applicants. 42. The third round of interviews should preferably be held in a large public venue such as the Century Center. This public meeting may include a moderator to be chosen by the Council President. The moderator shall introduce the applicants, ensure time limits are kept, and facilitate public input described in paragraph#50. 43. If an applicant is unable to attend in-person due to illness or distance of travel, they may participate in the interview electronically. However, in-person attendance is to be strongly encouraged. 44. The applicants shall all participate individually, one at a time in the meeting and not be present when they are not participating. 45. Each applicant will be given seven (7)minutes to introduce themselves and discuss their goals for the office, followed by questioning by the facilitators discussed in paragraphs s 47-48 below. 46. The public will be allowed to submit written questions or discussion topics to the Council Attorney or President for consideration prior to the meeting. All questions and topics shall be submitted to the Council Attorney or President at least 48 hours in advance. 47. As during the second round, all questions and discussion shall be done solely by HR Rep, the Council Attorney, and the President. No Council Member, Mayor, or Chief of Staff or member of the public may participate in the discussion. 48. All applicants will be asked the same questions during this third round of interviews. Any necessary follow up questions again shall only be asked of the applicants by the Council Attorney, HR Rep. or Council President. 49. Final determination of all questions shall be made by the Council President, the Vice President, immediate past Council President and the Chair of the Health& Public Safety Committee in consultation with the Council Attorney and HR Rep. 50. Immediately following the interview of all candidates, the meeting will be opened up for public input and discussion on the applicants by the public. This meeting is intended to be a listening session for the Council and the Council will hold all of its input and discussion for the public meeting described in the next paragraph. 51. The Council President may select a moderator from outside the Council to facilitate the public input portion ofthe meeting. During the public input portion, the public shall be allotted three(3) minutes for comments and after all those have spoken that wish to speak a second comment time of two (2)minutes. 52. Within 48 hours ofthis public interview meeting, the Community Relations Committee shall hold another public committee meeting for Council to provide its input into the final determinations and express its opinion on the finalists. 53. Immediately following the committee meeting described in previous paragraph, based on the input of both the public meeting and the meeting, the Council President, the Vice President, the immediate past Council President and the Chair of the Health & Public Safety Committee shall hold a closed door meeting and then file a Recommendation Resolution recommending no more than three applicants to the Mayor as required by the Ordinance. 54. The Council shall hold a public hearing and vote on the Recommendation Resolution at its next scheduled meeting. 55. The Mayor shall select one of the applicants listed in the approved Recommendation Resolution for the position of Director of the Community Police Review Board Office. If that selected candidate should refuse or be unable to accept the position, the Mayor with consultation with the Council President, the Vice President, past Council President and the Chair of the Health& Public Safety Committee shall either select another candidate named in the Recommendation Resolution or re-start the process ofthis Resolution as described in paragraph#3. Section Two. REVIEW & SELECTION OF APPOINTEES TO REVIEW BOARD. 1. The online application for CPR Board Members shall continue to remain open until 4:00pm on April 15, 2021. 2. A media release informing the public that applications are still being accepted shall be sent out by the Council President upon passage of this Resolution. 3. Applications received anytime during 2021 and 2022 shall be eligible for consideration by Councilmembers. 4. Any resident that expresses an interest to a Council Member shall also be eligible for consideration by that Council Member, so long as the resident completes an application prior to May 1, 2022. 5. District Council Members shall review all applications of residents within their respective district. 6. At-large Council Members shall review all applications. 7. Council Members shall consult with the Council Attorney as they consider candidates and remove candidates from consideration. 8.Councilmembers may narrow the pool of applicants in consideration and should conduct an interview of each candidate in consideration. 9.Council Members shall conduct an interview with an applicant prior to selecting that applicant as their nominee. 10. Before 5:00 pm on May 1, 2022, each Council Member shall select one nominee and provide that nominee's name, address and phone number via email to the Council Attorney and the Chair of the Community Relations Committee. 11. District members shall nominate a resident of their respective district, At-large members shall nominate a resident ofthe City of South Bend, resulting in nine(9)possible nominees and a nominee from each Councilmanic District. 12. If at anytime a Council Member fails or refuses to submit the name of a nominee as described in paragraph# 10, or if a District Council Member fails to submit the name of a resident of their respective Council district, then the Community Relations Chair shall call a public committee meeting prior to May 10, 2022 for the purpose of considering candidates and selecting nominee(s) to achieve a list of nine(9)nominees. 13. During the meeting described in the previous paragraph, all Council Members may provide the name and resume of a candidate for consideration and all Council Members may take part in a public roll call vote on all candidates in consideration. To be selected as a nominee, a candidate must receive at least five(5) votes from Council Members. Voting may take place in multiple rounds and candidates who do not receive at least one 1) shall be cut and removed from consideration for all later rounds. 14. If a Council Member names more than one(1) nominee as described in paragraph# 10, then the Community Relations Chair shall call a public committee meeting prior to May 10, 2022 for the purpose of that Council Members nominee down to only one (1) nominee. 15. During the meeting described in the previous paragraph, all Council Members may attend and may all take part in a public roll call vote choosing only one nominee. The nominees themselves may attend and introduce themselves. To be selected as a final one(1) nominee of that Council Member, a candidate must receive at least five (5) votes from Council Members. 16. The final list of all nine(9) nominees shall be made public by the Community Relations Chair via a media release within 24-hours of her/his receipt of a full list of nine(9) nominees. 17. Upon receiving nominees from Council, the Council Attorney shall create a background review packet for each nominee. The background check review packets shall remain in the possession of the Council Attorney and shall only be temporarily distributed to Council Members during an Executive Closed Door session discussed later. 18. The background review shall consist of a criminal Interstate Identification Index report national criminal database, the most common used standard employer check) conducted by County Police Records Division at the request of the Council Attorney, a social media review report to be conducted by an outside company, and an Access to Public Records Act ("APRA")request to any former government employers to be conducted by Council Attorney. 19. The APRA of the Council Attorney shall request the information listed as public record by I.C. 5-14-3-4(a)(8), including information of dates of employment, information relating to the status of any formal charges against the employee and the factual basis for a disciplinary action in which final action has been taken and that resulted in the employee being suspended, demoted, or discharged. 20. The Council shall meet in one(or more if necessary) closed door Executive Session(s) during the final two weeks of April, 2022. Council shall review and discuss the applications, resumes, and background review packets for all nine (9)nominees. 21. If after reviewing the background review packets a Council Member chooses to remove their nominee from consideration, that Council Member shall name a new nominee and a background review packet shall be completed as provided by paragraphs 17-20. The Council may continue with the other nominees while the process of background review packet completion is done. 22. On or before May 2, 2022 the Community Relations Chair shall file an Appointment Resolution with the City Clerk appointing all nine (9) nominees to be first Citizen Review Board. 23. The Appointment Resolution shall have a public hearing in Committee on May 9, 2022 along with public introduction of the nominees. The Appointment Resolution may be sent to the full Council by the Committee for consideration on that same date. The Resolution shall require passage by a majority vote of the Council. 24. All nominees shall attend the May 9, 2022 Committee meeting and provide an introduction of herself/himself to the Council and Community. Introductions shall be limited to three(3) minutes. 25. When the Appointment Resolution is presented to the full Council, the nominees shall also provide introductions, limited again to three(3) minutes. 26. If any nominee is stricken from the Appointment Resolution by Amendment passed by a majority of the Council, the member whose nominee was struck may appoint another nominee after completion of a background review process in paragraphs 17-20 above and a second Appointment Resolution shall then be filed with that new nominee. 27. Upon passage of the Appointment Resolution, the Community Relations Chair shall begin the process of coordinating training referenced in the ordinance, to begin as soon as possible. That process shall be taken over by the Office Director upon hiring of the Director. Sharon L. McBride, Council President South Bend Common Council LfficeEND, IN I-Aanch, "arn4ar° cSz c ciates, Inc_ Land Surveyors Professional Engineers Landscape Architects Land Planners Office: (574)234-4003 / (800)594-4003 Fax: (574)234-4009 1643 Commerce Drive South Bend, IN 46628 Board of Public Works December 9, 2020 City of South Bend 13t' Floor County-City Building South Bend, Indiana 46601 RE: A 12 ft. Wide Public Alley, running from Duey Avenue on the East to Howard Street on the West for a distance of 205 feet+/-, South Bend, Indiana. Dear Board Members: On behalf of our clients, we are requesting the Vacation of a 12 ft.Wide Public Alley. More particularly we are asking to Vacate a 12 ft. Wide Public Alley, running from Duey Avenue on the East to Howard Street on the West for a distance of 205 feet +/-. The Vacation request is to allow for a proposed mixed-use development bounded by South Bend Avenue on the North, Duey Avenue on the East and Howard Street on the South and West. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, lfftckd tT Pwrc% Michael J. Danch President Danch, Harper& Associates File No. 200186 Cc: South Bend Common Council BILL NO. 10-22 Filed in U, "Sffice MAR 0 8 2uzz II>#_A1A001e1 DAWN M.JUNESCINCL_ Rh: T, g n n k Danch, "arrniiap tV Associates, Inc. Land Surveyors Professional Engineers Landscape Architects Land Planners Office: (574)234-4003 / (800)594-4003 Fax: (574)234-4009 1643 Commerce Drive • South Bend, IN 46628 Honorable Members of the City of December 10, 2021 South Bend Common Council 40'Floor County-City Building South Bend, Indiana 46601 RE: A 12 ft. Wide Public Alley, running from Duey Avenue on the East to Howard Street on the West for a distance of 205 feet+/-, South Bend, Indiana. Dear Council Members: On behalf of our clients, we are requesting the Vacation of a 12 ft.Wide Public Alley. More particularly we are asking to Vacate a 12 ft. Wide Public Alley, running from Duey Avenue on the East to Howard Street on the West for a distance of 205 feet +/-. The Vacation request is to allow for a proposed mixed-use development bounded by South Bend Avenue on the North, Duey Avenue on the East and Howard Street on the South and West. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, AUW1 J Ard Michael J. Danch President Danch, Harrier&Associates File No. 200186 Cc: Board of Public Works City of South Bend 4 SpU"I H 8 1316 COUNTY-CITY BUILDING U d PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD W FAX 574/235-9171 SOUTH BEND,INDIANA46601-1830 PEACE l x x 1865 CITY OF SOUTH BEND .LAMES MUELLER,MAYOR BOARD OF PUBLIC WORKS Filed in Clerk's Office February 22,2022 Mr. Mike Danch MAR l)8 2D2Z Five Corners, LLC 814 Marietta St. DAWN M JONES South Bend, IN 46601 CITY CLERK,SOUTH BEND,lr. mdanch@danchharner.com RE: Alley/Street Vacation—Alley at 1200 Block of Howard St. (Preliminary Review) Dear Mr. Danch: At its February 22, 2022 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-13,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. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation ofthis alley.Ifyou still wish to pursue this alley vacation,please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 41h floor of the County-City Building. Alley/Street vacations require a presentation to the Common Council, approval of an ordinance, and certification of the ordinance from the Mayor.The property then must be recorded with the Recorder's Office to ensure that your 50%ownership of the property is appropriately transferred to your name. If you have any questions about how the alley vacation will affect your property taxes, please contact the Auditor's Office. If you have any further questions,please call this office at(574)235-9251. Sincerely, s/Laura Hensley/Acting Clerk Enclosures ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT JORDAN V.GATHERS MURRAY L.MILLER CITY OF SOUTH BEND 04 UTFJ 8' 1p 227 W.JEFFERSON BOULEVARD DEPARTMENT OF PUBLIC WORKS SUITE 1316 COUNTY-CITY BUILDING c SOUTH BEND, INDIANA 46601 x PHONE 574/235-9251 1865 FAX 574/235-9171 Street/Alley Vacation Form Submission Date: 12/14/21 Applicant Name: Phone#: 574-234-4003 Mike Danch for Five Corners LLC Email: mdanch@danchharner.com Property Address:1200 Block of Howard Street Applicant property information: Residential Commercial Industrial Describe the general alley location with boundaries(Ex:Church PI, between E.Colfax Ave& E. LaSalle Ave): A 12 ft. Wide Public Alley, running from Duey Avenue on the East to Howard Street on the West for a distance of 205 feet +/-, South Bend, Indiana. Is your property adjacent to the alley of interest? E Yes No Do you own all adjacent properties to the alley of interest? 0 Yes No Does the existing alley provide garage access to other property owners? Yes No Does the alley receive daily traffic excluding your own use? Yes ' No Would the vacation hinder public access to any of the following: a church,school,or Yes F!] No any other public building or place? Reason for street/alley vacation and proposed use: The Vacation request is to allow for a proposed mixed-use development bounded South Bend Avenue on the North, Duey Avenue on the East and Howard Street on the South and West. OFFICE USE ONLY: Board Recommendation for the proposed alley vacation: 15? Yes No CITY OF SOUTH BEND,INDIANA Board of Public Works Authorized Signatures: BOARD OF PUBLIC WORKS lw a 2-7Tl Elizabeth A.Maradik,President Joseph R.Molnar,Vice President r led in Clerk's Office Gary A.Gilot,Member Jordan V.Gathers,Member c 7' MAR0 8 2027 Murray L.Miller,Member Attest: Theresa M.HeNner,Clerk DAWN M.JONES Date: February 22,2022 CITY CLERK,SOUTH BEND,IN Version 2.0[11/19/2018] Offi BILL NO. 10-22 2 :2MARU8 O L ORDINANCE NO.DAWN M.JONES CITY CLERK, SOUTH BEND IN AN ORDINANCE TO VACATE THE FOLLOWING DE BED PROPERTY: A 12 FT. WIDE PUBLIC ALLEY, RUNNING FROM DUEY AVENUE ON THE EAST TO HOWARD STREET ON THE WEST FOR A DISTANCE OF 205 FEET +/-, SOUTH BEND, INDIANA. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: 1). A 12 ft. Wide Public Alley, running from Duey Avenue on the East to Howard Street on the West for a distance of 205 feet+/-, South Bend, 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 Tax Key Numbers may be injuriously or beneficially affected by such vacating: 18-5095-3337 18-5095-3336 18-5095-3335 18-5095-3334 18-5095-3333 18-5095-3339 18-5095-3340 18-5095-3341 18-5095-3342 18-5095-3343 18-5095-3344 18-5095-3345 18-5095-3346 18-5095-3353 18-5095-3354 18-5095-3355 18-5095-3356 18-5095-3357 18-5092-3272 18-5092-3270 18-5092-3268 18-5092-3265 18-5092-3262 18-5092-3261 18-5092-3258 18-5095-3331 18-5095-3338 18-5095-3332 18-5099-3509 18-5092-3510 18-5099-3512 SECTION IV. The purpose of the vacation of the real properties is to vacate that portion 2 of the Public Street in the described area to allow for the development of some of the adjacent property. 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. Sharon L. McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk 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 In. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'clock m. James Mueller, Mayor City of South Bend, Indiana PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/ALLEYS) To the Common Council Date: 12-10-21 of the City of South Bend, Indiana We, the undersigned property owner(s), petition you to vacate: 1). A 12 ft. Wide Public Alley, running from Duey Avenue on the East to Howard Street on the West for a distance of 205 feet+/-, South Bend, Indiana. Tax Key Numbers owned by the Petitioners: 18-5095-3337 18-5095-3336 18-5095-3335 18-5095-3334 18-5095-3333 18-5095-3339 18-5095-3340 18-5095-3341 18-5095-3342 18-5095-3343 NAME signed&printed) & ADDRESS Ei Clerk's Office For—Five Corners LLC U 1011 814 Marietta Street ONESSouthBend, Indiana 46601 fb1, SOUTH BEND, IN 574-233-1296 Office of the City Clerk CONTACT PERSON NAME: Dawn M. Jones, MPA, City Clerk Michael J. Danch Room 455-County-City Building Danch, Hamer&Associates, Inc. South Bend, IN 46601 1643 Commerce Drive 574-235-9221 South Bend, Indiana 46628 574-234-4003 e-mail: mdanch@danchharner.com FirAWN rk's Office O4s(lUTF1, 0 v f U G a 2OZ JONES1a`' CITY UTH BEND,IN INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: December 15, 2021 TO: Zach Hurst, Public Works Chris Dressel, Community Investment Gerard Ellis, Fire Department Brad Rohrscheib, Police Department FROM: Laura Hensley, Acting Clerk (Ihensley@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS—ALLEY VACATION APPLICANT: Mike Danch for Five Corners, LLC LOCATION: 1200 Block of Howard Street PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA: 1. The vacation would/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/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/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. PUBLIC WORKS: Favorable COMMUNITY INVESTMENT: Favorable— meets criteria above. FIRE: Favorable POLICE: Favorable Recommendation Filed in Clerk's Office i MAR G:a 2OZZ ALLEY VACATION DIAGRAM CITY CLEKSOUTH BEND,IN y;•r' , 018 095 3348 018 099-mi1 Af 01a 095-3353 glop, 61'• f' r a I 0 y 44 AZTP PIPT 018fi6921 f D18:5_©92reo 1ff 1!f gym^ VACATION AREA 0= 5v 1®0' .150' SCALE 1"» 5v: . City of South Bend BOARD OF ZONING APPEALS 3.8.22 Honorable Lori Hamann 4th Floor, County-City Building N P , :_-iYYgDAV'wt 1 , South Bend, IN 46601 CITY CLERK,WU I.H BEN®, IN RE: Special Exception Use at 1033 Oak Street Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your March 14th 2022 Council meeting and set it for public hearing at your April 11th Council meeting. The petition is tentatively scheduled for public hearing at the April 4th South Bend Board of Zoning Appeals meeting. The recommendation of the South Bend Board of Zoning Appeals 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: Converting a Dwelling, 1 unit to a Dwelling 2 Unit. If you have any questions, please feel free to contact our office. Sincerely, Joseph Molnar Zoning Specialist CC: Bob Palmer County-City Building 1227 W.Jefferson I South Bend, IN 466011 574- 235-7627 1 www.southbendin.gov/zoning BILL NO. 11-22 Cfty of South Bend BOARD OF ZONING APPEALS Petition for Variance - Special Exception Property Information Tax Key Number: q 77 5 Address: Owner:tJye Wl I er ra4e j' f`)/ C Of'j?gel n V Zoning: Choose the current district Project Summary:Con yAfer/I a-' 5-tn Fo-M y OKC tO 6 Requested Action Special 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: Filed in Clerk's Office MAR U 8 2022 4 pq'WN P 1.JOf S CITY CLERK,SOUTH BEND,IN Required Documents Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale Filing Fee Criteria for Variance(s) -If applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1)The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: vo r de the bore e 2)The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: 1 5 M doil C- i nS I dc e p uf fx 1 yr1 J 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: f5 no —,7nP a5 Ltdk/1714fX, 4) The variance granted is the minimum necessary, because: 5) The variance does not correct a hardship caused by a former or current owner of the property, because: Property o ner(s) of the petition site: Name. 1'Cru (Omaaa Address: Narne Address N a rne Address Contact Person: Name Address _J l I l 0 Pr,cne f ur ab.r.0 E-mail _ By signing this petition, the Petitioner/Property Owners of tho above described Real Estate ,acicni ouArled%E they are reasponsWe for understanding and complying with the South Beak! Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a regUirement does riot imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before thv ::ac1uth Hand Plan Commission and Common Council and to answer any and all questions related to this petition. proper Uv ir (s;: t s I a U 0 w hro I I j iQV?v Jaj tS l•V11 I'p1,h4 jy I j vi I ! I I I I I i l l l l G i70 I i i I I L z f7 I N(h l y y J•y_l,7 l n Pw7 I J V i f t IV 7 cl Q q- v Filet! ar,. BILL NO. 11-22 ORDINANCE NO. DAwev i,,;. CITY CLERK, SC.iI'H REND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1033 OAK STREET, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Converting a Dwelling, 1 unit to a Dwelling 2 Unit. Petitioners desire to seek a Special Exception Use for Dwelling, 2 Units for property located 1033 Oak Street. NOW, THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 1033 Oak Street 018-1033-1456 71-08-02-379-039.000-026 In order to permit an Dwelling, 2 Units SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. 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, and full execution of any conditions or Commitments placed upon the approval. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk 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 o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - Filed Clerk's Office Dawn Jones, City Clerk R 0 9 2022 4th Floor, County-City Building NMJONES227WJeffersonBlvd. SOUTH BEND,IN South Bend, IN 46601 RE: Alley Vacation for FNWNA Development March 9, 2022 Dear Clerk Jones, We are excited to be moving forward in the development of affordable housing units in our neighborhood. Due to the zoning requirements, we are not allowed to create curb cuts to enter the property from Meade St. so our site plan has the garage facing the alley. Currently, the alley is not passable with overgrown bushes and even neighbor-made barriers created years ago. Our hope is to gain ownership of the area so that we might improve the pathway behind the homes with pavement, lighting, and fencing to increase the safety for homeowners entering their property from behind and make it easier to clear a path through the snow in the winter. Enclosed please find the following information compiled to support the petition for alley vacation from the Far Northwest Neighborhood Association: 1. BPW Recommendation PACKET from the Board of Public Works 2. Petition to Vacate signed by abutting property owners. 3. Draft of the ordinance 4. Envelopes addressed and stamped with certified mail for all property owners within one hundred fifty feet (150) of the right-of-way to be vacated 5. Bank check made payable to the City of South Bend for the filing fee of$150.00 Thank you for your assistance with scheduling our hearing for the upcoming council meeting. Sincerely, Thelma L. Williams President, Far Northwest Neighborhood Association BILL NO. 12-22 File BILL NO. 12-22 Mk; ORDINANCE NO.CITY: AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: NORTH/SOUTH ALLEY BETWEEN N. MEADE ST. AND N. KALEY ST. FROM W. KELLER ST.TO MARQUETTE BLVD. 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: North/South Alley between N. Meade St. and N. Kaley St. from W. Keller St. to Marquette Blvd. 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: Parcel ID#: 018-2102-FNWNA, Inc. Parcel ID#: 018-2102- 3829 3842 Richard Rufus Parcel ID#: 018-2102-3851 Craig Williams FNWNA, Inc. Parcel ID#: 018-2102-Parcel ID#: 018-2102- 3831 Parcel ID#: 018-2102-3853 3844 Richard Rufus FNWNA, Inc. Neuman J Andrew Parcel ID#: 018-2102-Parcel ID#: 018-2102-3855 Parcel ID#: 018-2102- 3833 FNWNA, Inc. 3846 Noble Indiana Neuman J Andrew Investments. LLC Parcel ID#: 018-2102- 3857 Parcel ID#: 018-2102- Parcel ID#: 018-2102-Claudia Douglas 3848 3835 Neuman James Andrew Sara Theragene Fritz Parcel ID#: 018-2102-Moody Alduff B 3828 Parcel ID#: 018-2102-Richard Rufus & Parcel ID#: 018-2102- 3837 Stephanie 3850 Jacqueline Palazzola Neuman James Andrew Parcel ID#: 018-2102-Moody Alduff B Parcel ID#: 018-2102-3834 3839 Richard Rufus & Parcel ID#: 018-2102- Tiffany Investments, Stephanie 3852 LLC Neuman James Andrew Parcel ID#: 018-2102-Moody Alduff B Parcel ID#: 018-2102-3836 3841 Grabill Joseph Parcel ID#: 018-2102- Jacqueline Palazzola 3856 Parcel ID#: 018-2102-Shelton Krista Parcel ID#: 018-2102-3838 3843 Richard Rufus & Jacqueline Palazzola Stephanie Parcel ID#: 018-2102-3 845 Section IV. The purpose of the vacation of the real property is to give property owners the ability to pave the lane for a driveway and other improvements (lighting, gateway, etc.) so they can safely enter their garage from the back of the property. Zoning requirements prevent construction of a driveway off Meade Street. The alley is currently not passable and is in very poor condition with grass and bushes preventing throughway. 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. Sharon L. McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk 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 o'clock m. James Mueller, Mayor City of South Bend, Indiana soUT11 a Filed in Clere cs Office PEACE. FH U 9 2027_ 1865 k DAVVN M. JONES LERK SOUTH BEND, INOFFICEOFTHECITYCLR --- ------ DAINN M.JONES, CITY CLERK PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/ALLEY) DATE: 3/5/2022 To the Common Council of the City of South Bend, Indiana. I(we),the undersigned property owner(s), petition you to vacate: 1. THE ALLEY DESCRIBED AS: North/South Alley between N. Meade St. and N. Kaley St. from W Keller St. to Marquette Blvd. 2. THE STREET DESCRIBED AS: N/A Abutting Property Owner(s)Signatures: Name(print):Signature Address Lot Number 1. l 7_ s0' 2. i t 7 A/ f < ot8-zlo2-3B4 a 3. Fo r N W eS4. ei hlWo 60X 38a1 0l -RIOR-384T resr denf, F/VWA(A SOA &M,tl(4"Iq INTEGRITY1 SERVICES ACCESSIBILITY BIANCA L.TIRADO GRAHAM D.SPARKS GABRIEI,N.MUREI CHIEF DF.PUTY/DIRECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 466011 p 574.235.92211 f 574.235.91731 www.southbendin.gov 4 pUTH 1316 COUNTY-CITY BUILDING U PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD W FAX 574/2? - I SOUTH BEND,INDIANA 46601-1830 f rEACE in Clerk S O fiee 1865 PEAK tl9 2022CITYOFSOUTHBENDJAMESMUELLF.R,MAYOR BOARD OF PUBLIC WORKS AWN M.JONESUlYCLERK, SOUTH BEND IN January 12, 2021 Far Northwest Neighborhood Association, Inc. PO Box 3821 South Bend, IN 46619 fnwna2016Agmail.com; hondaroadtrip@vahoo.com RE: Alley/Street Vacation — 1707, 1707, 1713, 1725 N. Meade St. between Keller St. and Marquette Ave. (Preliminary Review) To Whom It May Concern: At its January 12, 2021 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department, and the Solid Waste Division. The following comments and recommendations were submitted: Per IC 36-7-3-13,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. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley. Please contact Permit Department at(574)235-9254 prior to picking up your radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map,proceed to the City Clerk's office for your alley vacation packet. Sincerely, Is/Anne Fuchs Anne Fuchs, Clerk AF/lh ELIZABETH A.MARADIK GARY A.GILOT JORDAN V.GATHERS JOSEPH R.MOLNAR I ilcril in ClerK7ffice r,AR U 9 O Sp[JTH DAWN8 CITY CLERK, SOUTHI BEND, IN U t7 w a PEACE x x 1865 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 12/17/2020 TO: X Tom Whitaker, Street Department X Matt Longfellow, Engineering Department - Read both (2) from Engineering X Tim Corcoran, Community Investment X Gerard Ellis, Fire Department X Brad Rohrscheib, Police Department Jonathan Erdahl, NIPSCO Oonathanerdahl@nisource.com) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION —ALLEY VACATION APPLICANT:Far Northwest Neighborhood Assoc. LOCATION: 1707, 1707, 1713, and 1725 N. Meade. Meade St. between Keller St. and Marquette Ave. DATE DUE: December 29, 2020 FAX OR E-MAIL TO: 235-9171 / niacobs(a-)-southbendin.gov s/Linda Martin PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36-7-3-13 CRITERIA: 1. The vacation would/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/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/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. COMMENTS: By Date Tli CITY OF SOUTH BEND oF 18 a 227 W.JEFFERSON BOULEVARD DEPARTMENT OF PUBLIC WORKS r SUITE 1316 COUNTY-CITY BUILDING w a SOUTH BEND, INDIANA 46601t'EACk X x PHONE 574/235-9251 1865 FAX 574/235-9171 Street/Alley Vacation Form Submission Date: 12/8/2020 Applicant Name: Phone#: (574) 232-5556 Far Northwest Neighborhood Assoc. Email: fnwna2016@gmail.com Property Address: 1707, 1707, 1713, and 1725 N. Meade Applicant property information: Residential Commercial Industrial Describe the general alley location with boundaries(Ex:Church PI,between E.Colfax Ave&E. LaSalle Ave): Meade St. between Keller St. and Marquette Ave. Is your property adjacent to the alley of interest? Yes No Do you own all adjacent properties to the alley of interest? Yes ® No Does the existing alley provide garage access to other property owners? Yes No Does the alley receive daily traffic excluding your own use? Yes ® No Would the vacation hinder public access to any of the following: a church,school,or Yes ® No any other public building or place? Reason for street/alley vacation and proposed use: The alley is not passable and is in very poor condition. The Association is building affordable ho using units on these lots (see attached site plan). OFFICE USE ONLY: Board Recommendation for the proposed alley vacation: u Yes No Board of Public Works Authorized Signatures:CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS tatLa 1_:5 Elizabeth A.Maradik.President Jordan V.Gathers,Member i i1c.-O in Clerk's Office G Gary A.Gilot,Member Member t IAR 0 9 2022 ern Qq,—C 4 Joseph R.Molnar,Member Attest:Anne Fuchs,Clerk DAWN TTONES C-ITY CLERK, SOUTH BEND,IN Version 2.0[11/19/2018) Go: gle Maps E Imagery 02020 CNES/Airbus,IndianaMap Framework Data,Maxar Technologies,USDA Farm Service Agency,Map data @2020 100 ft 1713 N.Meade St. f ilod in CIerK's Office 0 1707 N.Meade St. 1707 N.Meade St. FNAR 1)9 ?021 DAWN Im ;ODESCIT'CLER-K,SOU_ H SEND,IN Filed in Clerk's Office P;AR 0 9 2022 DAWN M.JONES CITY CLERK, SOUTH BEND,IN owlvow ddMM i JV n a E.1 •,I A t `i G7 P R ,;E T T I P 1.rr? W+N1AROti; i i _Y E . T Rl_ ._ 18,=2102.38 1 Z t ;- 1.8 21+ 13-38591 13 a.. I I - 1 I I L b 1 1 S- 1 l)L 1 1 r 1 r +• i 18 C 77 Mom 1 101`3$3 1 102- 1R 1u338 .4 y+ t}7302-3$36 1 21+t r .:, < 4 rrwa 01 -210 -3838 1%11 1 i,7 714, Mm& 3$7U alb ill..' 3 ;4 t~ 01 -21 G 7`4 4 018-31 018-2102- 18-21 F= .. 1•5 lij X18;2103a382 k 01$-2102-3850 18;1G2=3851 r 11 ,i : i s 1 =2102-385? rj 18 2102-385 3-3883 .- r t18 Z1(l2-385S 018-210313884 018-210 -3885 71'/u lb ?lii2-385.7 001-2103_`-3$ 0 -21 5-391 nn W KELIER•ST WIKELLER T 018-210-3 20 018°2105-3921 It f VA 018=2105-393 Z TRANSFORMATION LFk' s Office 2Q223-3-2022 DAWO BEND, IN South Bend City Clerk 227 W Jefferson Blvd County-City Building South Bend, IN 466oi Re: Petition to vacate alley To whom it may concern, Transformation Ministries,a non-profit working with youth in South Bend,petitions to vacate the alley running east-west between King St and McCartney St, Kessler Blvd, and Allen St. Transformation Ministries owns property on both sides of the alley- iioi King St and 1126 McCartney St.We have plans to renovate the building we own at iiol King St,turning this space into a hub to run our programming for the youth in our community. If the alley would be vacated,we would connect our properties on the north and south side of the alley which would allow space for storm water retention.We intend to rezone and replat our property on McCartney to Industrial use. The alley is no longer in use and it is overgrown,unkempt,and unmaintained.There are only two houses adjacent to this alley,both off of Kessler St.We have spoken with our neighbors,the Steel Warehouse, and they are in support of the proposed alley vacation. Thanks for your consideration, Z Kory Lantz Executive Director,Transformation Ministries korylantz@transformation58.com BILL NO. 13-22 I MAR 0 8 2022 BILL NO. 13-22 CITY C DRUK, , LEND, INORDINANCENO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY VACATION- STREET ALLEY NEAR 1101 KING STREET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12,the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: ALLEY VACATION- STREET ALLEY NEAR 1101 KING STREET hereby determines that it is desirable to vacate said property. SECTION I1. 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: Robert Beissel: Lot 48 North West Pro Shimon Amir: Lot 58 North West Add We Care Consulting LLC:Lot 57 2nd Plat OfNo West Add Expanded Metal Company Of Indiana LLC: Lots 49- 54 North West Transformation Ministries:Lots 39-47 North West Pro &Lot 55-56 North West Addition 2nd Plat Lot 55 Section IV. The purpose of the vacation of the real property is: The alley is no longer in use, is overgrown,and unkempt.Ifvacated we would connect our North&South properties to allow spacefor storm water retention. 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. Sharon L. McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk 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 o'clock m. James Mueller, Mayor City of South Bend, Indiana 4SpUTH 8 d 1316 COUNTY-CITY BUILDING U PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD W \PEACE: FAX 574/ 235-9171 SOUTH BEND,INDIANA 46601-1830 1865 Filed in Clerks OfficesW CITY OF SOUTH BEND JAMES MUELLER,MAYOR BOARD OF PUBLIC WORKS MAN U 9 Z021 February 22, 2022 DAWN M.JCiNr- CITY CLERK,SOUTH BEND, IN Ms. Maggie VanZalen—Transformation Ministries 1101 King St. South Bend, IN 46616 maggievanzalen gtransformation 5 8.com RE: Alley/Street Vacation—Street and Alley near 1101 King St. (Preliminary Review) Dear Ms. VanZalen: At its February 22, 2022 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-13,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. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley. The Board submitted an unfavorable recommendation for the Street vacation as it does not meet two(2)ofthe four(4)I.C. 36-7-3-13 criteria(2,4)and due to the loss of the fire hydrant access. If you still wish to pursue this alley vacation,please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 41h floor of the County-City Building. Alley/Street vacations require a presentation to the Common Council, approval of an ordinance, and certification of the ordinance from the Mayor. The property then must be recorded with the Recorder's Office to ensure that your 50%ownership of the property is appropriately transferred to your name. If you have any questions about how the alley vacation will affect your property taxes, please contact the Auditor's Office. If you have any further questions,please call this office at(574) 235-9251. Sincerely, Is/Laura HensleyMctinQ Clerk Enclosures ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT JORDAN V.GATHERS MURRAY L.MILLER d u i INTEROFFICE MEMORANDUM filed in ClerK s OfficeBOARDOFPUBLICWORKS DATE: January 31, 2022 F- r AN U 202I TO: Matt Longfellow, Public Works DAWN M..1Ur EChrisDressel, Community Investment Cl CLERKZZLLi, sOUTI+BEND,INGerardEllis, Fire Department Brad Rohrscheib, Police Department FROM: Laura Hensley, Acting Clerk (Ihensley@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS — STREE/ALLEY VACATION APPLICANT: Maggie VanZalen-Transformation Ministries LOCATION: 1101 King St. PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA: 1. The vacation would/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/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/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. PUBLIC WORKS - No objections for the ALLEY vacation specifically; but, Unfavorable for the vacation of King Street because it violates Criteria #2, as it would limit immediate & easy access to a fire hydrant. Per their application description, they propose to vacate and install a gate across King Street in line with the West edge of their building. If approved, our hydrant would be located —125' East of their proposed gate, inside the vacated section of King Street. COMMUNITY INVESTMENT — Favorable recommendation for the alley vacation. Unfavorable recommendation for King Street vacation due to loss of fire hydrant access. 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 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 hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. STREET/ALLEY VACATION APPLICATION 1 iled in Cleat-s Office 4'/: of City of South Bend - Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 Fq 0 q 2,02 f ti5=South Bend, IN 46601 DAWN :vL DUNESCilYCLERK Date: 12/6/2021 Phone#: 616-283-5590 Name: Maggie VanZalen -Transformation Ministries Email: maggievanzalen@transformation58.com Property Address: 1101 King St, South Bend, IN 46616 Applicant property information: Residential Commercial E Industrial Describe the general alley location with boundaries(Ex:Church PI,between E.Colfax Ave&E.LaSalle Ave): Alley between McCartney St& King St, Kessler Blvd & Allen St King Street from Steel Warehouse property line, approximately 195'to the west, ending at the edge of the Transformation building Is your property adjacent to the alley of interest? Yes No Do you own all adjacent properties to the alley of interest? Yes 0 No Does the existing alley provide garage access to other property owners?Yes lil No Does the alley receive daily traffic excluding your own use? Yes 0 No Would the vacation hinder public access to any of the following:a church, Yes 9 No school,or any other public building or place? Reason for street/alley vacation and proposed use: Thealley Is no longer In use and Isovergrown and unkempt.If vacated it would connect Transformation Ministries north and south propertiesand allowthem space for stormwater retention.Transformation also Intendstorapist and rezone all properties along McCanney 10 Industrial use.Addltionally,we havediscussed theproposed planwith our neighbors.The Sual Warehouse,and they are alsoin support ofthe proposed alleyand street vacation. In reference tothe requestof King Street being vacated t0 meshown IOceton on the application(atthe existing bullIll The street Is adead end street and has been a proven area where vandalism and break-Ins have taken place both In TransfornWtion'snewly acquired building and the Steel Warehouse building.We propose vacating this area and allowing Transformation to fence off this portion to securethedead end area anddetervandals. This newly vacated and fenced-in space could also be used for employee parking which allows for theirnew parking area to handle an Increased amount of visitors. This would also transfer the maintenance of this portion of me road to Transformation.It appears Inet King Street east of Kessler IsIn desperate need of repairs.Previously King Street west of Kessler was paved,but nothing east of Kessler has bean paved or maintained recently.The steel Warehouse Is also In favor of vacating this portion of King St.Theywould then transfer ownership to Transformation oftheir portion ofthe vacated Kong Street We would also assume that an easement would be established foraccess to the existing cityutilities A map MUST be provided highlighting the area you would like to vacate with this application. OFFICE USE ONLY: Board Recommendation:Yes [J(No CITY OF SOUTH BEND,INDIANA Alley Street BOARD OF PUBLIC WORKS VIL e 0_2P1 Elizabeth A.Maradik,President Joseph R.Molnar,Vice President Gary A.Gilot,Member Jordan V.Gathers,Member Murray L.Miller,Member Attest: °Theresa M.Heffner,Clerk Date: February 22,2022 Filed in Clerk's Office FIRE: Unfavorable 1 1AR 0 9 2022 POLICE: Favorable recommendation F,WN M.J0(VES iT) CLERK,SOUTH BEND IN THB, iled in Clerk's Office x PEACE t;AR U 9 202'l_ x 1865 SAWN M.JONES CLERK, SOUTH BEN SOFFICEOFTHECITYCLJ ----------- D.N\-N M JONES, CI FY CLERK PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/ALLEY) DATE: 3--7- 201g- To the Common Council of the City of South Bend,Indiana. I(we),the undersigned property owner(s),petition you to vacate: 1. THE ALLEY DESCRIBED AS: Tt/bU C, ottl:6AA IOC46A eg+ Of 406C I2 old IXfDOttA t MVt.d tNI G CaC+y e A 2. THE STREET DESCRIBED AS: V\'A Abutting Property Owner(s)Signatures: Name(print): Signature Address mo t Number 1 10 I 55 I. Tfow4),cmah 0 a 15111 'PO Lo 31 LID, y I ,L12 , 113, I'SfYi C SDI c J IN llvul K q5 1 2. 3. Damns 1121 tM c Cat cw At,6. 0,), ra,OL'X1 L O C11 2 SS t5 t51 oCtt.A- , c 9 vrz c, 2 . . >m . f ' t \ Cn Eed in D % Office AN @.JO ES M'CLE R6 SOUTH BEND,IN