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HomeMy WebLinkAbout01-28-13 Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, JANUARY 28, 2013 7 : 00 P.M. 1 . INVOCATION - REV. JANICE HALL 2 . PLEDGE TO THE FLAG 3 . ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5 . SPECIAL BUSINESS REPORT ON THE MUSIC VILLAGE - KELLIRAE BOANN - 15 MINS . 13-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE WEEK OF FEBRUARY 4, 2013 AS NATIONAL SCHOOL COUNSELING WEEK IN SOUTH BEND, INDIANA 6. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 02-13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: CALVERT STREET FROM WEBSTER STREET TO KEMBLE AVENUE. BEING 80 FOOT IN WIDTH AND 1248 . 5 FEET IN LENGTH 03-13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 160 . 39' OF THE RIGHT-OF-WAY ON THE EAST SIDE OF NILES AVENUE AT THE INTERSECTION OF JEFFERSON BOULEVARD AND NILES AVENUE 04-13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: AN IRREGULARLY SHAPED PORTION OF RIGHT-OF-WAY OF INDIANA AVENUE LOCATED AT THE NORTHWEST INTERSECTION OF SAID INDIANA AVENUE WITH KEMBLE STREET 05-13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF MICHIGAN STREET FROM MADISON STREET NORTH TO THE FIRST EAST/WEST ALLEY 01-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE CITY OF SOUTH BEND' S ADA TRANSITION PLAN FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT OF WAY 06-13 PUBLIC HEARING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013 8 . BILLS, THIRD READING TIME: BILL NO. 02-13 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: CALVERT STREET FROM WEBSTER STREET TO KEMBLE AVENUE. BEING 80 FOOT IN WIDTH AND 1248 . 5 FEET IN LENGTH 03-13 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 160 . 39' OF THE RIGHT-OF-WAY ON THE EAST SIDE OF NILES AVENUE AT THE INTERSECTION OF JEFFERSON BOULEVARD AND NILES AVENUE 04-13 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: AN IRREGULARLY SHAPED PORTION OF RIGHT-OF-WAY OF INDIANA AVENUE LOCATED AT THE NORTHWEST INTERSECTION OF SAID INDIANA AVENUE WITH KEMBLE STREET 13-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 212, 214, 214 ;`z AND 216 S. MICHIGAN STREET, SOUTH BEND, INDIANA 13-11 A RESOLUTION OF THE COMMON COUNCIL, OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 323 ST. LOUIS STREET, 325 ST. LOUIS STREET, 327 ST. LOUIS STREET, 618 MADISON STREET AND 336 HILL STREET, ALL IN SOUTH BEND, INDIANA AND REPEALING RESOLUTION 4104-11 13-12 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5231 DYLAN DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR AMERIPLEX SUPERIOR PARTNERS, L. P. 10 . BILLS, FIRST READING BILL NO. 11 . UNFINISHED BUSINESS 12 . NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. RESOLUTION No. S A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, DECLARING THE WEEK OF FEBRUARY 4,2413 AS NATIONAL SCHOOL COUNSELING WEEK IN SOUTH BEND INDIANA N"the South Bend Common Council recognizes that school counselors are employed in public and private schools to help students reach their full potential;and school counselors are actively committed to helping students explore their abilities, strengths, interest and talents as these traits relate to career awareness and development; and school counselors help parents focus on ways to further the educational,personal and social growth of their children;and school counselors work closely with teachers and other educators to help students explore their individual potentials and set realistic goals for themselves;and ma" school counselors seek to identify and utilize community resources that can enhance and complement comprehensive school counseling programs and help students become productive members of society;and comprehensive developmental school counseling programs are considered an integral part of the educational process that enable all students to achieve success in school. Section 1, The Common Council of the City of South Bend, Indiana, believes now more than ever in light of the many challenges facing our educational school systems--from funding to safety,that key individuals which can and will continue to contribute to positive youth engagement are the critical role which school counselors have day in and day out. Section II. The Council therefore declares that the week of February 4, 2413 as National School Counseling Week"in South Bend, Indiana, and thanks all school counselors for their many contributions aimed at the betterment of our youth. Section 111. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Tim Scott, I51 District Oliver J.Davis,6` District Henry Davis,Jr.,2" District Derek D.Dieter,At Large Valerie Schey,3r District Gavin Ferlic, At Large Der.- Ferlic,4` District Karen L.White,At Large r. avid Varner,S District Kathleen Cckanski-Farrand,Attorne .mac. ^,_,_. —001(8 John Voorde,City Clerk Pete Buttigieg,Mayor - 13 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: Calvert Street from Webster to Kemble Avenue. Being 80 foot in width and 1248.5 feet in length 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: A part of the East half of the South West Quarter of Section No. 14, township No. 37 North, Range No. 2 East, in the City of South Bend, (St. Joseph County, Indiana)described as follows, A strip of land Eighty(80) feet wide,North and South from Kemble Street to Webster Street and centered on the center line of Calvert Street extended, formerly to be used for the extension of Calvert Street through the tract described in Book 640,pages 239 and 240. 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, sewex, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III The following property may be injuriously or beneficially affected by such vacating: Tax I.D. 018-8071-2703 Section IV. The purpose of the vacation ofthe real property is to remove unimproved Calvert Street and provide a contiguous site for the forthcoming improvements to the Indiana National Guard site. 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. ry P Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of_ , 2-----, at o'clock M. City Clerk Approved and signed by me on the day of , 2 , at o'clock m. Mayor, City of South Bend, Indiana F06 in clerk's Off lee n. °`.G 4--It-I �e�3 22. 413 JOKNI 3 rd r =c:�:!,'tD D 3 -(3 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 160.39' OF THE RIGHT-OF-WAY ON THE EAST SIDE OF NILES AVENUE AT THE INTERSECTION OF JEFFERSON BOULEVARD AND NILES A VENUE 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: 160.39' OF THE RIGHT-OF-WAY ON THE EAST SIDE OF NILES AVENUE AT THE INTERSECTION OF JEFFERSON BOULEVARD AND NILES A VENUE hereby determines that it is desirable to vacate said property. Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock M. City Clerk Approved and signed by me on the day of 2 , at o'clock M. Mayor, City of South Bend, Indiana Hied i V-o S ce PU Kc H n INC 3 l 3 r;l NOT E7 HE UM CITY CLERK,SWTH SEND,IN PASSED PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/ALLEYS} TO THE COMMON COUNCIL DATE: OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: B. THE STREET DESCRIBED AS: 160,39' OF THE RIGHT-OF-WA Y ON THE EAST SIDE OF NILES A VENUE A T THE INTERSECTION OF JEFFERSON BOULEVARD AND MILES A VENUE NAME (signed & printed) ADDRESS LOT # RIVER RACE TOWNHOMES,,LLC P.O. BOX 338 LOT 11 OF RIVER RACE TOWNHOMES DAVID M. MATTHEWS MEMBER MINOR SUBDIVISION hblwA SIGNATURE ,t RETURN TO: CONTACT PERSON (S) OFFICE OF THE CITY CLERK ABONMARCHE CONSULTANTS, INC. JOHN VOORDE, CITY CLERK NAME: BRADLEY E. MOSNESS, PE ROOM 455-COUNTY-CITY BUILDING ADDRESS: 750 LINCOLN WAY EAST SOUTH BEND, IN 46601 SOUTH BEND, IN 46601 574-235-9221 PHONE: (574) 232-8700 EXHIBIT'IN' . Mites Avenue Streetscape Project City of South Bernd Project No. 111-06? Parcel: 1 Right-of-Way Natation A parcel of land being adjacent to River Race Townhomes Minor Subdivision as recorded Instrument No. 1229942 in the Office of Recorder of St.Joseph County, Indiana now within and part of the City of South Bend, and being more particularly described as foflows: Commencing at the north west comer of said Lot 1;thence South 00°28'48" East along the west lot line of lots 1, 2, 3, 4,5, 6,7, 8,9, 10, 12 and a portion of lot 11 which also is the east right-of-way line of Niles Avenue, 254.53 feet to the south east corner of lot 11; thence South 46050'53" East along the south west line of lot 11 and said east right-of-way line of Niles Avenue,67.27 feet to the point of beginning of this description; thence continuing South 46050'53" East along said east right-of-way line of Niles Avenue, 16039 feet to the south east comer of lot 11; thence South 89043'58" West, 19.56 feet, thence North 37006`58" West,44.37 feet;thence North 43031'42"West, 1 02.62 feet to the point of beginning and containing 824 square feet, more or less. Surveyor Statement This description was prepared for the City of South Send, Indiana by Roger T. Nawrot, Indiana Registered Land Surveyor, License Number 80890005, on the 7th day of January, 2013. rg � �rifrrrr S, : !E"l T6 .a tr tEti�,t� Roger T. Nowrot Said description is based upon the Boundary Survey prepared for the City of South Bend, Indiana By R. L Harper, Recorded as Instrument Number 10890 in the Office of Recorder of St. Joseph County, Indiana and said River Race Townhomes Minor Subdivision instrument Number 1229942. Abonmarche Consultants, Inc. prof � \ / 3 ! _ j . . � � ' { ! � fk � f. � � � ■ $ $ � e � ! ! ! *2 . �l . . ■■ m § % OD CEIQ } � < ) J $ 4 / f \ k l ] � � (e � 7 / k ■ J � � � \ k ) k \ � } \ \ Q _ ) \ } / # j | ( � 3 | k | e j }2 E # � - | \ ! � ; ° § . ƒ EXHIBIT "13" SHEET OF 9 RIGHT--OF-WAY VACATION PLAT Prepared for City of South Bend by Abonmarche Consultants, Inc. (Job it1-0624165.72' WASHINGTON ST. W_ pllt� 1 t LOT 1 � AREA __ ___ _-- SO FT. ACRES + —LOT 2 — f i RIGHTaOF WAY VACATION 824 0.019 1 � i—_.._———————"1 LOT 3 --_ --- `1 � Fow OFAInww Smmw QFFSEr N1JfI1IW EASM �!+� LOT 4 R1 N 12+033 30.27' 2"my.30 17LIT00.2y ___ _ 02 N I0►*20 Uffr 2J61SIZE1 176167.26 �� - —`—LOT 5 _ — I NJ N '0+61118 up, 2JR54772 I"W172 04 N u41m n 3"7' 2JRJ ID 170-MO ~� ►n1 —————————---I LOT 12 NOTE: STATIONS & OFFSETS CONTROL OVER BOTH NORTH & LOT 6 —— 4 I EAST COORDINATES AND BEARINGS do DISTANCES. { icf — ——--I + + �� LOT 7 I I I 1 LOT B I I I� I LOT 9 I I el f..—....-------- � 4 I LOT 10 1 `rte + IL 0P 0 3D 60 120 SCALE 1=60' 1 pm LOT 11 � LAND SURVEYOR'S STATEMENT: � iad�t����aue eaIEF.THisNPAiAr TMpR w�iTSliEUYSaINOsI�VEDY �aav`, R T° 1 else/i/ 1 PREPARED FOR THE CITY OF 5111lTH " RECORDED IN ,ti> C'! ,•a �c+�r��� Ito � BISMLNr1EAtT HO. IOM90 IN THE OFFICE OF THE RECaAIER : O�••�GG�r�"i�,G�O�t ` 9• OF ST. JosEPH ODUNTY, INDIANA. (EXECUTED IN e�•4 d 1 � az ,w wI1" INDIANA M ve CODE ses +AC b LS80890005 STATE C ± • I S AIE of INDIANA SURVEYOR NO. 808800,5 GATE +®�' O!`�'U�11a►��°r��O��� (FRO1V1 I1NE "N") JEMRSON BLVD PARCEL: 1 OWNER: CITY OF SOUTH BEND DRAVM BY: BWS/CUR 11-05-12 CHECKED BY: RTN NO.. 111—A69 QA/Qr.BY: ROAD: NILES AVE COUNTY ST. JOSEPH p SECTION: 12 TOWNSHIP: 3W TAX IDj 01 TAX IDS': 018-50t0-0251 - Gol2ldeacapypyTp� NOTE-, DIMENSIONS SHOW ARE FROM THE ABOVE LISTED RECORD DOCUMENTS rau�A w94.2ae 40 N�1 oorrmc.:lr s -aearwuu�l+E:cea++sturiwa. �ooT � 1316 COUNTY-CITY BUILDING � � f�' � ..\ ii � PHONE 5741235-9251; 227 w JIM7RSON BOULEVARD U 41 \ �• � Fax 5741235-9�7� SOUTH BEND, INDIANA 46601-18301 �•` x x xsss CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR BOARD OF PUBLIC WORKS December 11,2012 Mr. Roger Nawrot Abonmarche Consultants 750 Lincoln Way East South Bend, Indiana 46601 RE: Property Vacation— 160.39' of the Right-of-Way on the East Side of Niles Avenue at the Intersection of Jefferson Boulevard and Niles Avenue (Preliminary Review) Dear Mr. Nawrot: The Board of Public Works, at its December If, 2012, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, and the Solid Waste Division. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the ;growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would 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 property. Please contact Tonv Molnar at (574) 235-9254 prior to picking up your„lradius map, You will need a radius map showing properties within 15W 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 Property vacation packet. Sincerely, Lf id M. Martin, Clerk C11 Federico Rodriguez,Fire Department Tony Molnar,Engineering Janice Talhooln,City Clerk's Office Michael Mecham,fyn ineerin David Matthews,River Race Townhomes GARY A. GILOT DONALD E. Irrxs KATHAXN E. Roos MIC14ARL C. MECHAM MAx W.NEAL EXHIBIT "El" SHEET OF 1 RIGHT-OF-WAY VACATION PLAT Prepared for City of South Bend by Abonrnorche Consultants, Inc. (Job #11-0624) WASHINGTON ST. P _ 165.72' LOT 1 AREA I so. FT. I Aca-E—SA PROP D —LOT 2 ' RIGHT OF WAY VACA71ON I -�Oard of publjp rks I LOT 3 I PENhIT lcsvlMX arATlmw 34W LOT 4 I fn fr f2fOd,4J �t27' xumsrso t70X2s N (6+70.20 air i]/rdf4X81 r1Gwis 1 --------- RS N 1DFE1.fa $ago, TJrtt441.72 t2drsf; 1 LOT 5 R4 N 2.T41dulo 170ma M NOTE: STATIONS dt OFFSETS CONTROL OVER BOTH NORTH LOT 6 EAST COORDINATES AND BEARINGS & DISTANCES. �(�`�" '�' � ���� �d✓ � 1 c141 LOT 7 1 . ® °' I LOT 8 1 V�s i ! —......_..___-.--€ 1CV 7 -ZZ 7 I I .s LOT S LOT 10 ViL F „,�` Ii Q� SCALE 10060* 6' LAND SURVE'YOR'S STA11CMENT 1. ROCS T, NAWROT, TO 7HE BEST OF MY 104006.EDGE AND BELEF, TNIS PLAT, TOGETFIER WITH THE "BOUNDARY SURVEY 0��� T' N j l I PREPARED FOR THE CITY OF SOUTH BEEF!#" RECORDER Rd ®!� (y�;,e�sl�rrrrr+��5 INS'MUMENT NO. 10M90 fN THE OFFICE OF THE RECORDER a� Q �0 GISrC I , OF ST, 40SEfrH COUNTY, INDIANA. (EXECUTED IN � � ,d•Q�� �F4'-.�� ACCORDANCE RULE WITH INDIANA AWN VE CODE IAC K ;a LSSD890005 S � STATE OF .: P 110,.(A ` r PR a AVEYOR ND. aoasDas °°O°ssp SUR� ����w` (FROM ulvE 1 STATE of INDIANA �rll►illf'tNi►i JEF BL VD PARCEL' 1 OWNEIT: CITY OF SOM BEND DRAWN BY BIBSICUR 1l—CG—tz CODE: CHUMD BY: RTN PROD. NO.: 111-399 QA/0C BY: ROAD: ALES A%E COUNTY. Sr. JOSEPH SECTION: 12 TOWNSHIP! 37N RANGE: 2E TAX ID#: 018-50,10-0281 )NMALq—!LE NOTE. DIMENSIONS SHOWN ARE FROM THE ABOVE USTM RECORD DDCUMENTS ai�e��i.si ASIA40�o"�f°r0r Cd/riCi6Hf 2012-ABOrµµI�HF��IFNSS,iVC. 's. �1ti1�1�lif� ' T IN 1 ER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS RKS TO: Mike Mecham, Engineering Department John Byorni,Area Plan.Commission(kbyomi(c co.st-ioseoh.in. s or 235-9813 fax) Chris Dressel, Community& Economic development Federico Rodriguez, Fire Department Andre Price, Solid Waste Gene Eyster, Police Department Cheryl Greene, CityAttomey's Office Phil Griffin, NIPSC© m riffin nlsource.com) For Informational Purposes Only FROM: Linda M. Martin, Clerk RE: Request for Recommendation-Street Vacation Location: 160.39'_of the RLght of Way on the East Side of Niles Ave at the intersection of Jefferson Blvd and Niles Ave (Preliminary Review) DATE: November 7, 2012 DUE: November 13 20'12 FAX OR E-MAIL TO; 235-9171 l Iimartin@southbendin.aov RETURN RECOMMENDATION PAGE ONLY, ATTACHMENTS NOT REQUIRED, COMMENTS & RECOMMENDATIONS: BY: d DATE: JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZ1 DEPUTY DIRECTOR MAREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM f 140 COUNTY•CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235.4571 November 15, 2012 City of South Bend Board of Public Works 131 Floor, County-City Building South Bend, Indiana 46601 RE; Street Vacation Applicant. Dave Matthews Location. 160.39' of the right-of-way on the East Side of Niles Ave at the intersection of Jefferson Blvd and Niles Ave Dear Board Members: The staff has reviewed this petition. It is the staff's opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation will benefit a new development. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The staff does not feel access would be difficult as long as the turning radius still meets City standards. (3) The vacation would not hinder the public's access to a church, school, or other public building or place, There is no church, school or public building adjacent to the proposed vacation. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous, Given the small size of the vacation, the use of the overall street should not be affected. Due to the above stated reasons, the staff recommends that the proposed alley vacation be approved. Please contact our office if you have any questions or need any additional information. Sincerely, h( Christa Nayder Planner SERVING ST. JOSEPH COUNTY. SOUTH FEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND WWW,STJCSEPHCOUNTYtNDIANA.COM Jennifer Coele From: Eugene Eyster Sent: Monday, November 26, 2012 2.90 PM To: Jennifer Corte Subject: RE: Street Vacation - ROW on Niles Avenue Ms.Corte, I apologize for any delay in this. 1 did send back a printed response to your office via departmental mail on Wednesday November 14,2012. On behalf of the Police Department we would have no issues with this approval. Lt. Eyster From: Jennifer Carle Sent: Monday, November 26, 2012 12:54 PM To: Chris Gressel; Federico Rodriguez; Andre Price; Eugene Eyster Subject: Street Vacation - ROW on Niles Avenue The above was sent on November 13,2012 and we have not received a response from you. Please send a quick acknowledgement (by e-mail) that you received it and approve. Jennifer Corte City of south Bend Division of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Send, Indiana 46601 Main Office: (574)235-9251 Direct Line: (574)235-5927 Fax: (574)236-9171 1 Jennifer Corte From: Chris Dressel Sent: Monday, November 26, 2012 3:14 PM To: Jennifer Corte Subject: RE:Street Vacation- ROW on Niles Avenue Jennifer—sorry—I passed this on to others in the Dept. for their comments and didn't get them back in time. Community Investment is recommending for approval. Chris Christopher D, Dressel Planner Bicycle Coordinator City of South Bend Department of Community and Economic Development 227 W.Jefferson Blvd. Suite 1200 S South Bend, IN 46601 Phone:574-235-5847 Fax:574-235-9469 cdressel @southbendin,gov From; Jennifer Corte Seat: Monday, November 26, 2012 12:54 PM To: Chris Dressel; Federico Rodriguez; Andre Price; Eugene Eyster Subject; Street Vacation - ROW on Niles Avenue The above was sent on November 13,2012 and we have not received a response from you.Please send a quick acknowledgement(by a-mail)that you received it and approve. Jennifer Corte City of South Send Division of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Main Office: (574)235-9259 Direct Line: (574)235-5927 Fax: (574)235-9171 1 Jennifer corle From: Federico Rodriguez Sent: Tuesday, November 27, 2012 11A6AM To: J*nniferCode Subject. RE: StrewtVacation - ROVYonNi/esAvenue AppnovedS8PD Federico (Chico) Rodriguez Fire Marsha/ Fire Prevention Bureau (574) 235-7564 South Bend Fire Department 12Z25. Michigan St'466O1 _-___'-__-_-----_.... ...... .......... -_-_---__ .......... _... ...... ................. ..._____'-___'-_-_-_'_~_'-_____ From: Jennifer{orle Sent: Monday, November 26, 2012 13:54 PM To: Chris Dresse|; Federico Rodriguez; Andme Price/ EugeMeEyster Subject: Street Vacation' ROW on Niles Avenue The above was sent on November 13, 2012 and we have not received a response from you, Please send a quick acknowledgement (by e'maU)that you received /t and approve, Jennifer Corle City of South Send Division nf Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 466O1 Main Office: (574)235-9Z51 Direct Line: /574\235-5G27 Fen: (574)23843171 z �oU ��►Isi�1tjilib Q K 1865 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: �e Mecham, Engineering Department I, bhn Byomi, Area Plan Commission (ibyomi@co.st-ioSeoh.in.us or 235-9813 fax) kris Dressel, Community& Economic Development ederico Rodriguez, Fire Department Andre Price, Solid Waste V16ene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO ( m riffin nisource.com) For Informational Purposes Only FROM: Linda M. Martin, Cleric RE: Request for Recommendation -Street Vacation Location: 160.39' of the Right of Way on the East Side of Niles Ave at the intersection of Jefferson Blvd and Niles Ave (Preliminary Review) DATE November 7, 2012 DUE: November 13 2012 FAX OR E-MAIL TO:, 235-9171 1 (martin @southbendin.00y RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: BY: DATE: Gels County Parcels MAI MAILINGAD LIN MAILI PROP ADD PRO PROP_ Rec PARCELID NAME—1 D MAILINGCIT GST NGZIP R PROP—CITY ATE ZIP A RIVER RACE 018-5010- TOWNHOM 1200 County- 1 0291 ES LLC City Building South Bend IN 46601 122 NILES South Bend IN 1 46617 521 018-5010- JEFFERSON 517-519 521 2 0305 LLC 215 E Colfax South Bend IN 46617 JEFFERSON South Bend IN 46601 . CITY OF 018-6001- SOUTH 1200 County VAC LOT 40002 BEND City Bldg South Bend IN 46601 202 South Bend IN 46617 018-5010- SHEIN CART 1429 Honan 510303 G Dr South Bend IN 46614 125 HILL South Bend iN 46617 521 N 018-5010- 121 S NILES FOREST PAVING ON 60279 LLC AVE Mishawaka IN 46545 NILES AVE South Bend IN 46601 018-5010- ANCATRICE 70300 LLC 115 S Hill St South.Bend IN 46617 115 S HILL South Bend IN 46601 RIVER RACE 018-501 0- TOWNHOM 1200 County- 511 80293 ES LLC City Building South Bend IN 46601 JEFFERSON South Bend IN 46601 PARKVIEW PROPERTIE S INC% 018-5010- TODD 20350 Pearl 515 910304 ULLERY St South Bend IN 46614 JEFFERSON South Bend IN 46601 521 N 018-5010- 121 S NILES FOREST 100280 LLC AVE Mishawaka IN 46545 121 S NILES South Bend IN 46617 RIVER RACE 018-5010- TOWNHOM 1200 County- PAVING ON 1110292 ES LLC City Building ISouth Bend IN 46601 NILES South Send IN 46601 VACANT LOT 018-5010- 333 WASHINGT t 12 D294 UL LLC Pfingsten RD Northbrook IL 60062 ON South , , I aAN . ockh for .0 - ABONMARCHE Engineering Architecture Confidence By 13esb9n I wvd$Umel!'srv�$ M arina/Wbterfron t Community Flianning t' landsc€�pe Architecture 2a, a Development Services January 7, 2013 City of South Bend Common Council 227 West Jefferson Boulevard, Suite 400 South South Bend, IN 46601 RE: PROPERTY VACATION- 160.39' OF THE RIGHT-OF-WAY ON THE EAST SIDE OF NILES AVENUE AT THE INTERSECTION OF JEFFERSON BOULEVARD AND NILES AVENUE Dear Honorable Members: On behalf of the City of South Bend Department of Community Investment and the Applicant, David Matthews (adjacent property owner), please accept the attached petition and ordinance to vacate a portion of Niles Avenue public right-of-way that lies on the east side and is north of and adjacent to Jefferson Boulevard. The area to be vacated is more particularly described in the legal description attached hereto as EXHIBIT A and its location depicted on the attached EXHIBIT B. This request is to vacate excess un-needed public right-of-way of Niles Avenue for use by the adjacent property owner for future residential and commercial redevelopment. Also, the City of South Bend Board of Public Works issued their favorable recommendation for the vacation of this property at their December 11, 2012, meeting. Please see attached letter. If you have any questions or require additional information, please do not hesitate to contact our office at (574) 232-8700. Thank you for your time and consideration. Sincerely, ABONMARCHE CONSULTANTS, INC. X��4 � ly'os ,_.. Filed On Ctark's ice Bradley E. Mosness, PE Project Manager ' C Cii<ERK,iisOVTH BEND,IN 750 Lincoln Way East 3177 Wiilowereek Root! 95 West Main Street 361 First Street 503 Quaker Street South Bend,IN 46601 Portage,IN 46368 Benton Harbor,MI 49022 Manistee,Ml 49660 South Haven,MI 49090 574.232.8700 219.850.4624 269.927.2295 231.723.1198 269.637.1293 _ www,abonmarche.com 10" f ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: AN IRREGULARLY SHAPED PORTION OF RIGHT-OF-WAY OF INDMNA AVENUE LOCATED AT THE NORTHWEST INTERSECTION OF SAID INDIANA AVENUE WITH KEMBLE STREET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: PARCEL A• A PARCEL OF LAND DESCRIBED AS FOLLOWS: STARTING AT THE SOUTHWEST CORNER OF LOT NUMBERED SIXTEEN (16) IN PART OF THE RECORDED PLAT OF THOS. E.A. BYERLEY'S ADDITION TO THE TOWN OF MYLER; THENCE EAST A DISTANCE OF SIXTY-FIVE AND SIX TENTHS (65.6) FEET ALONG THE SOUTH PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16), TO THE SOUTHEAST CORNER OF SAID LOT NUMBERED SIXTEEN (16); THENCE NORTH FIVE FEET (5) ALONG THE EAST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16); THENCE SOUTHWESTERLY A DISTANCE OF THIRTEEN AND SIX TENTHS FEET (13.6) TO A POINT FOUR FEET (4) NORTH OF THE SOUTH PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16); THENCE DUE WEST ALONG A LINE PARALLEL TO AND FOUR FEET (4) NORTH OF THE SOUTH PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (I6) TO THE WEST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16); THENCE SOUTHWESTERLY ALONG THE WEST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16) TO THE POINT OF BEGINNING, THIS PARCEL BEING TAKEN OFF OF AND FROM THE ENTIRE SOUTH END OF SAID LOT NUMBERED SIXTEEN (16) IN PART OF THOS. E.A. BYERLEY'S ADDITION TO THE TOWN OF MYLER. PARCEL B. A LOT OR PARCEL OF LAND THIRTY-THREE (33) FEET IN WIDTH, NORTH AND SOUTH, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE SOUTH ENDS OF z LOTS NUMBERED 17, 18, 19,AND 20 AS SHOWN ON THE RECORDED PLAT OF THOS. E.A. BYERLEY`S ADDITION TO THE TOWN OF MYLER, NOW A PART OF THE CITY OF SOUTH BEND. hereby determines that it is desirable to vacate said property. SECTION 11. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Tax Key Number 018-8053-2141 Tax Key Number 018-8053-2139 Tax Key Number 018-8053-2134 SECTION IV. The purpose of the vacation of the real property is to vacate that portion of Indiana Avenue, for approval of subdivision replat. 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. 0 I'q Member of the Common Council L:1 t r ' CZ. Q{ i �Y;tf.kilit$:µS54c�4Y��Cc€vi m-.,'gip 3 Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2013, at o'clock m. City Clerk Approved and signed by me on the day of , 2013, at o'clock M. Mayor, City of South Bend, Indiana �N si READING JOHN 1100HOR rd kE/- ';NG LOW=W U H BEMs,IN ,OT f+.' ROVEi? ,EFERRED 'ASSED PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE: 1-3-13 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE PORTION OF INDIANA AVENUE DESCRIBED AS: PARCEL A, A PARCEL OF LAND DESCRIBED AS FOLLOWS: STARTING AT THE SOUTHWEST CORNER OF LOT NUMBERED SIXTEEN (16) IN PART OF THE RECORDED PLAT OF THOS. E.A. BYERLEY'S ADDITION TO THE TOWN OF MYLER; THENCE EAST A DISTANCE OF SIXTY-FIVE AND SIX TENTHS (65.6) FEET ALONG THE SOUTH PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16), TO THE SOUTHEAST CORNER OF SAID LOT NUMBERED SIXTEEN (16); THENCE NORTH FIVE FEET (5) ALONG THE EAST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16); THENCE SOUTHWESTERLY A DISTANCE OF THIRTEEN AND SIX TENTHS FEET (13.6) TO A POINT FOUR FEET (4) NORTH OF THE SOUTH PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16); THENCE DUE WEST ALONG A LINE PARALLEL TO AND FOUR FEET (4) NORTH OF THE SOUTH PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16) TO THE WEST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16); THENCE SOUTHWESTERLY ALONG THE WEST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16) TO THE POINT OF BEGINNING, THIS PARCEL BEING TAKEN OFF OF AND FROM THE ENTIRE SOUTH END OF SAID LOT NUMBERED SIXTEEN (16) IN PART OF THOS. E.A. BYERLEY'S ADDITION TO THE TOWN OF MYLER. PARCEL B A LOT OR PARCEL OF LAND THIRTY-THREE (33) FEET IN WIDTH, NORTH AND SOUTH, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE SOUTH ENDS OF LOTS NUMBERED 17, 18, 19, AND 20 AS SHOWN ON THE RECORDED PLAT OF THOMAS E.A. BYERLEY'S ADDITION TO THE TOWN OF MYLER, NOW A PART OF THE CITY OF SOUTH BEND 2 NAME Yned& rinted &ADDRESS Tax Key Number City of South Bend 18-8053-2134 Dept .of Redevelopment 18-8053-2141 12' Floor County-City Building South Bend, Indiana 46601 A '.i J i� , ---,'L 5,- S5�z Donakd Inks: dity of South Bend Dept. of Redevelopment MM Vance LLC 18-8053-2139 1531 Kemble Street South Bend, Indiana 46613 W"4�46z' \/A"C- Michael Vance OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 CONTACT PERSON NAME: Michael J. Danch Danch, Harper and Asscociates 1643 Commerce Drive South Bend, Indiana 46628 PHONE: 574-234-4003 Filed In C"Ork"S WCi Property Owners Within 150 Feet City of South Bend City of South Bend Board of Public Duane Miller 227 W Jefferson Works 1609 Kemble Ave South Bend, 1N. 46601 227 W Jefferson South Bend, IN. 46613 Tax Key#018 8053 2137 South Bend, IN. 46601 Tax Key#018 8054 2167 Tau Kav it n1 R Rf).riR 9194 Moshe Buchholz Elva Bautista Monique Inc 309 S Logan St 1024 W Indiana Ave 3019 S Michigan South Bend, IN. 46615 South Bend, IN. 46613 South Bend, IN. 46614 Tax Key#018 8054 2166 Tax Key#018 8054 2156 Tax Key#01 8 8054 2158 Barak Group LLC City of South Bend City of South Bend State of Indiana 309 Logan County City Building 227 W Jefferson Blvd. South Bend, IN. 46615 South Bend, IN. 46601 South Bend, IN, 46601 Tax Key#018 8054 2165 Tax Key#018 8024 0970 Tax Key#018 8053 2131 City of South Bend Board of Public City of South Bend MM Vance LLC Works 227 W Jefferson Blvd 1531 Kemble Ave 227 W Jefferson South Bend, IN. 46601 South Bend, IN. 46613 South Bend, IN. 46601 Tax Key# 018 8024 0972 Tax Key#018 8053 2139 Tax Kpv*o1R RnA7 1418 Armando & Elva Bautista Armando & Elva Bautista City of South Bend 508 S Walnut 508 S Walnut 227 W Jefferson Blvd South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46601 Tax Key#018 8053 2132 Tax Key#018 8053 2133 Tax Key#018 8024 0971 Thomas& Mary Magee City of South Bend Ervin Swift 1524 Prairie Ave 227 W Jefferson 913 W Indiana Ave South Bend, IN. 46613 South Bend, IN. 46601 South Bend, IN,46613 Tax Key#018 8053 2130 Tax Key#018 8053 2138 Tax Key#018 8053 2127 Filed in ;ark a Office AN - 013, +f¢ 4 7 C'�s7vyp CITY'cLaR K•,4c-4 rf"4 ,III 1e-eos3«sis, le-Boas-2u� ... ............... ................ ___...__..,, le-ae2� �o Q .� TB-e s3-Pisa /f W024-071 T6-6053-2130 " / '•`, r � , f LOT 17 LOT is LOT ie LOT s0 If-IM-072 1a--6033-2131 '� f , 'rr I 16°e -2139 ffaW rr i i r � LOT ie $"055-2132 i fe-e063-21a4 ' PvmW n 1 , 7 , r a r f r' Indiana ; r l ie-6032-1414 r it rr ', 18-80s{—zlss rr +, r ie—soss-213e { r 1a-6ou-x166 4 la—sfl3{-2167 LEGAL DESCRIPTION; PARCEL A A PARCEL OF LAND DESCRIBED AS FOLLOWS: STARTING AT THE SOUTHWEST CORNER OF LOT NUMBERED SIXTEEN (16) IN PART OF BYERLRY'S ADDITION THENCE EAST A DISTANCE OF SIXTY-FIVE AND SIXTH TENTHS (65.6) FEET ALONG THE SOUTH PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16), TO THE SOUTHEAST CORNER OF SAID LOT NUMBERED SIXTEEN (16); THENCE NORTH FIVE FEET (5') ALONG THE EAST PROPERTY LINE OF SAID LOT SIXTEEN (16) THENCE SOUTHWESTERLY A DISTANCE OF THIRTEEN AND SIXTENTHS FEET (13.6) TO A POINT FOUR FEET (4) NORTH OF THE SOUTH PROPERTY UNE OF SAID LOT NUMBERED SIXTEEN (16); THENCE DUE WEST ALONG A LINE PARALLEL TO AND FOUR FEET (4) NORTH OF THE SOUTH PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16) TO THE WEST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16); THENCE SOUTHWESTERLY ALONG THE WEST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN TO THE POINT OF BEGINNING; THIS PARCEL BEING TAKEN OFF OF AND FROM THE ENTIRE SOUTH END OF SAID LOT NUMBERED SIXTEEN (16) IN PART OF BYERLY'S ADDITION, PARCEL B A LOT OR PARCEL OF LAND THIRTY-THREE (33) FEET IN WIDTH NORTH AND SOUTH, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE SOUTH ENDS OF LOTS NUMBERED 17, 78, 19 AND 20 AS SHOWN ON THE RECORDED PLAT OF THOMAS E.A. BYERLY'S ADDITION TO THE TOWN OF MYLER, NOW A PART OF THE CITY OF SOUTH BEND. JAS 1 JOHN vorN'o4 crTy cLERK,k'v T�i m ivfl,IN $QOTxt� 1316 COUNTY-CITY BUILDING PIiaNE 574{235-9251 227 W.3EFFERSUNn37I EYAi] FAx 574/235-9171 CH SOUTH BaND, INDIANA 46601-1830 ,p R Taus CITY OF SouTI3 BIND PF-TE Bu TIGIEG, MAYOR in DOARD OF PUBLIC WORDS January 8,2013 Mr.David Relos Community Investment 1400 County-City Building 227 West Jefferson.Boulevard South Bend, Indiana 46601 RE: Right of Way Vacation — A Portion of Lots 16 through 20 at the Corner ofKemble Street and Indiana Avenue (Preliminary Review) Dear Mr. Relos: The Board of Public Works, at its January S, 2013, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, and the Solid Waste Division for the above referenced right of way vacation. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by meads 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 property. Please contact Tony Molnar at (574) 235-9254 prior to picking up Your„radius may. 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;right of way vacation packet. Sinyc,erely,, ✓/l �,y Filed In " + Office Or Linda M. Martin, Clerk JAN 8 2013 c: Federico Rodriguez,Fire Department Tony Molnar,Engineering CITY CLERK. �+`eLVIW SEF40,IN Janice Talboom,City Clerk's Office Michael ec ,Enginceling GAILXA. G1 LOT DONALD E. INICS K,Tiirz N E. Roos MICHAEL C. MEC14AM MAPXW. DEAL uvuru fit cr=11c Works Right �f ay Iig��TIOW . r PARCEL A, A PARCEL OF LAND DESCRIBED AS FOLLOWS: STARTING AT THE SOUTHWEST CORNER OF LOT NUMBERED SIXTEEN (16) IN PART OF BYERLRY'S ADDITION THENCE EAST A DISTANCE OF SIXTY--FIVE AND SIX TENTHS (85.6) FEET ALONG THE SOUTH PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16). TO THE SOUTHEAST CORNER OF SAID LOT NUMBERED SIXTEEN (16); THENCE NORTH FIVE FEET (5') ALONG THE EAST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16) THENCE SOUTHWESTERLY A DISTANCE OF THIRTEEN AND SIX TERM FEET (13.6) TO A POINT FOUR FEET (4) NORTH OF THE SOUTH PROPERTY UNE OF SAID LOT NUMBERED SIXTEEN (16); THENCE DUE WEST ALONG A LINE PARALLEL TO AND FOUR FEET (4) NORTH OF THE SOUTH PROPERTY LINE OF SAD LOT NUMBERED SIXTEEN (16) TO THE WEST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16); THENCE SOUTHWESTERLY ALONG 71.1E WEST PROPERTY LINE OF SW LOT NUMBERED SIXTEEN TO THE POINT OF BEGINNING; THIS PARCEL SONG TAKEN OFF OF AND FROM THE ENME SOUTH END OF SAID LOT NUMBERED SIXTEEN (18) IN PART OF WMLRY'S ADDITION. PARCEL B; A LOT OR PARCEL OF LAND THIRTY-THREE (33) FEET IN WIDTH. NORTH AND SOUTFI, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE SOUTH ENDS OF LOTS NUMBERED 17, 16, 19. AND 20 AS SHOWN ON THE RECORDED PLAT OF THOMAS E.A BYERLFWS ADDITION TO THE TOWN OF MYLER. NOW A PART OF THE CITY OF SOWN BEND. A 10 LRvS TO TH£ � �. STIOT. pJ4) \\ 7H05 VfER Og1 CRY 0!' 50� x `\t g FRti F'C S aO59) I&AW>!=MV AUff LOT 9 \\AF 1111111110 10 `\\ t 1 LOT 17 LOT 1B LOT 10 ( LOT 20 I O 40? $a SON a ScAa 1'a 40\ I LOT 16 + f76 a PLOD RrP URC r10 06 A Vf+c r P br.VEZ v p ® P ► TC ... , Fl7-/I 6 o /�q 1 LINt BEARING pISTANCE I 4JGG f� L1 5 ti9'17 28 W 11.91 V VACATION AREA �+'� RAAIXIS,. ARC LENGTH I CHORD LENGTH I CHORD BEARING Jennifer Corle From: Jennifer Corte Sent: Monday, November 26, 2012 12:45 PM To: Andre Price;Jitin Kain; Michael Mecham; Federico Rodriguez;CNayder@co.st- joseph.in.us;jbyorni @cost joseph.in.us; Eugene Eyster;Cheryl Greene, pmgriffin @nisource.com Cc: Bill Schalliol;Jennifer Corte Subject: Property Vacation Request - Kernble/Indiana Attachments: SEngineerin12112613410.pdf Jennifer Corte City of South Bend Division of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bead, Indiana 46609 Main Office; (574)236-9251 Direct Line: (574)235-5927 Fax: (574)235-9171 i Jennifer Corle From. John Byorni <JBYORNI @co.s#joseph.in.us> Sent: Monday, November 26, 2012 1:15 PM To: Christa Nayder; pmgriffin @nisource.com;Andre Price;Cheryl Greene; Eugene Eyster, Federico Rodriguez,Jennifer Corte;Atin Kain; Michael Mecham Cc: Bill 5challioi Subject: Re: Property Vacation Request- Kemble/Indiana Attachments: John Byorni.vcf The Staff of the Area Plan Commission has no objection to the request, John W. Byorni, Executive Director Area Plan Commission of St. Joseph County 1140 County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Phone 574 235-9571 Fax 574 235-9813 jbyorni@co.st-iosenh.in.us>>> Jennifer Corte <jcorie@sopthbendin.aov> 11/26/2412 12:44 PM >>> Jennifer Corte City of South Bend Division of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Main Office: (574) 235-9251 Direct Line: (574) 235-5927 Fax: (574)235-9171 IMPORTANT NOTICE! This E-Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above. Any dissemination, distribution, copying or action taken in reliance on the contents of this E-Mail by anyone other than the intended recipient is strictly prohibited and is -not intended to, in anyway, waive privilege or confidentiality. If you have received this E-Mail in error please immediately delete it and notify sender at the above E-Mail address. Please note that incoming a-mails are not routinely screened for response deadlines, and as such, please notify the sender separately by fax of any message containing deadlines. In addition, E-Mail information cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain virus. Therefore, the sender does not accept liability for any errors or omissions in the contents of this message which arise as a consequence of E-Mail transmission, If verification is required, please request a hard-copy version. 1 Jennifer Coyle From: Eugene Eyster Seat: Monday, November 26, 2012 1:54 PM To: Jennifer Corle Subject: RE: Property Vacation Request - Kemble/indiana Ms. Corle, I do not see any issues on behalf of the Police Department. Et. E. Eyster From: Jennifer Corle Seat: Monday, November 26, 2012 12:45 PM To: Andre Price; Jitin Kain; Michael Mecharn; Federico Rodriguez; CNayder @cost-joseph.in.us;jbyorni @co.st- joseph.in-us; Eugene Eyster; Cheryl Greene; pmgriffin @nisource.com Cc: Bill 5challiol; Jennifer Corle Subject: Property Vacation Request- Kemble/Indiana Jennifer Corle City of South Bent! Division of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Main Office: (574)235-9251 Direct Line: (574) 235-5927 Fax: (574)235-9171 1 Jennifer Corle Mi ON From: Federico Rodriguez Sent: Tuesday, November 27,2012 11:33 AM To: Jennifer Corte Subject: RE: Property Vacation Request - Kemble/lndtana Approved by SBFD. Federico (Chico) Rodriguez Fire Marshal Fire Prevention Bureau (574)235-7564 frodrigu @south bendin.gov South Bend Fire Department 1222 S. Michigan St.46601 ... .._........_._.,......._....................._.........,..w.._.._._._..................:..,......... __....... From. Jennifer Corte Sent: Monday, !November 26, 2012 12:45 PM To: Andre Price; Jitin Katn; Michael Mecham; Federico Rodriguez; CNayder@co.st-josephJn.us;jbyorni @cost- joseph.in.us; Eugene Eyster; Cheryl Greene; pmgriffin @nisource.com Cc: Bill 5challiol; Jennifer Corte Subject!: Property Vacation Request- Kembie/Indiana Jennifer Corte City of South Bend Division of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 45601 Main Office: (574)235-9251 Direct Line: (674)235-5927 Fax- (574)235-9171 1 JOHN W. RYORNI W EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 23$-9571 November 28, 2012 City of South Bend Board of Public Works 13�' Floor, County-City Building South Bend, Indiana 46609 RE: Property Vacation Petitioner; Community and Economic Development Location: A portion of Lots 16 through 20 at the corner of Kemble Street and Indiana Avenue Dear Board Members: The staff has reviewed this petition. It is the staffs opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient, (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. Only a small portion of this parcel is actually used as right-of-way, The area being used as part of the road, will be rededicated via Thos E.A. Byerlry's Addition, First Replat subdivision. The additional property gained by the adjacent property owner will allow them to rezone without needing a front yard setback variance. Due to the above stated reasons, the staff recommends that the proposed property vacation be approved. Please contact our office if you have any questions or need any additional information. Sincerely, ek4� 16jh4 Christa Nayder, Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA. & ROSELAND WWW,STJOSEP14COURTYtNDIANA.COM Jennifer Corfe From: Atin Kain Sent: Wednesday, November 28,2012 10.41 AM To: Jennifer Corse Subject: RE: Property Vacation Request- Kemble/indiana Favorable Recommendation. Thanks, �'* x ; * •Y6 SA ir. E oniomicDevelopmentSpecialist re. Community&Economic Development (574)235-5835 ikain @southbendfn.Kov City of South Bend 227 W.Jefferson Blvd.,Suite 1200 South Send,M 45601 Y From: Jennifer Corse Sere: Monday, November 26, 2012 12:45 PM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; CNayder @co.st josephJn.us; jbyorni @co.st- joseph.in.us; Eugene Eyster; Cheryl Greene; pmgriffin@nisource.com Cc. Bill Schaliiol; Jennifer Corse Subject: Property Vacation bequest - Kemble/Tndiana Jennifer Corse City of South Bend Division of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Main Office:(574)235-9251 Direct Line: (574)235-5927 Fax: (574)235-9971 1 Jennifer Corte From- Andre Price Sent: Monday, December 31, 2012 2.02 PM To: Jennifer Carle Subject: Re:Vacations Jennifer, l thought I replied, these vacation will not affect teach collection Sent from my iPhone On Dec 31, 2012, at 12:43 PM, "Jennifer Carle"<icorle@southbendin.gov>wrote: Andre, There are two recommendations for vacations we haven't received Back. One is for Miami Street the other is for property at Indiana and Kemble. I need to put these on the next agenda so will you please provide your recommendations? Jennifer Corle City of South Bend Division of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Main Office: (574)235-9251 Direct Line. (574) 235-5927 Fax: (574) 235-9171 1 Jennifer Corle From: Michael Mecham Sent; Monday, December 31, 2012 3.04 PM To: Jennifer Corie Subject: RE: Recommendation Propose approval from engineering Front: Jennifer Corfe ra �,_.....�.,..-..�.W�.w_..,.,,..,�....�.,�.�..,...�.�.�.e�,�. �..�......�-.,..,-.,...�...,w_.�...�m�.��.._,�.....w.�....�,T_�-wr,�r�..-.M...�.a...,A.�..,......�....�_ Sent: Monday, December 31, 2012 12:46 PM To: Michael Mecham Subject: Recommendation Mike, I haven't gotten a recommendation from you for the property vacation near the Indiana and Kenmore. Please provide it so I can put it on the next agenda. Jennifer Corfe City of South Bend Division of Engineering and Board of Public Works 227 West Jefferson, Room 1396 South Bend, Indiana 46601 Main Office: (574)235-9251 Direct Line: (574) 235-5927 Fax: (574)235-9171 z A �yc3rtx INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: ��112,�12Q't2 TO: �ndre Price, Solid Waste ✓.Jitin Kain, Community & Economic Development Michael Mecham, Engineering Department Federico Rodriguez, Fire Department v,A_—d6_hn Byorni, Area Plan Commission Qbyomi@co.st- joseph.1n.us or 235-9813 fax) �-�ene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (Pmgriffin(cD_nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — PROPERTY VACATION APPLICANT: Community& Economic Development LOCATION: A Portion of Lots 16 through 26 at the corner of Kemble Street and Indiana Avenue DATE DUE: December 3, 2012 FAX OR E-MAIL TO: 235-9171 1 Imartin@southbendin.gov RECOMMENDATIONS AND COMMENTS: By Date t APPROVED Board of Pablic Works STREET VACATION�- i 1 - PAWM A; A PARM OF IAND DFSCROM AS FLILLOW STAWw AT lIcc SOLNHN'W CORNER OF IDT NU O BIIRK[N(18) IN PART OF 9YERLRY%ADDIIfON TMDE EW A DISTANCE OF ftW-TINE AND F*TENTHS(60.6)FEEI^am'11E SOUTH PRWER11'LAZE OF SAID Wt WWRIhEO 34M.EN(i6),TD THE SOIIINEAST COANER OF SAID LOT NIIMBMW swEM)/ (16);TWWX NORTH FW FEET(W)ALONG THHE EAST PROPERTY i"OF SO LO'H JMKRW$RUM(1 S)7HEAIOE SWfH NMMLY A DISTANCE OF T,IRTEEN AND SW 1EN,H5 FEET(1�TO A POINT FMR FEET(4)NOR11f OF THE SOURi PROPOM LINE OF SW LOT HUMRENpD SW9�M(10.THEN DUE WEST ALONG A LINE AMMU L TO AND FOUR FEET (4) NORTH OF THE SOUTH PROPERTY LIB OF$NO Wr NUARIEREO SDfTM(16)70 THE WES- PROPERTY LNE Of BAm LOT HULTBEREO mXmrN(1 dkk THENCE SOUTIAY♦:STMV AAANG THE WEST PROPERTY 1111E OF SAID LOT 1ANMMU .50MEEN TO THE POW OF 6EOINh11f6;THIS PARCEL BEDKA 591KEN OFF OF AND rROM THE ENTIRE SOUTH ENO OF SW LOT NUM EKED 991TEEN(16)NI PART OF BWFILRrS MMM. PARCEL 6; A LOT OR PARCEL OP LAND THIRTY-THREE(33)FEET IN WVIX NORTH AND SOUTH,TAKEN OFF OF AND FRDAT THE ENTIRE MOTH OF THE SOWN ENDS OF LOTS NUMBERED 17, ,8, T9.AWO 0 AS SHOWN ON THE RECOTtOED PLAT OF THOIWA,B EA BYERLRYS 00DTI1oN TO THE TOW OF MrifR,NOW A PART'OF THE CTIY OF SOUTH BEND. `'�•. SNEP a A>o WTH g .� -arn or im'" . ,�91 R46g LOT I ... ......'.11..1. L .... I. ... �. o LOT 17 I I8H 1E { l6,19 I LOT Yo so�a 1 : I A A(,OF woul 4 Io Tom. I F&7 +per + / �f �+� DISTANCE �l ®N ✓ w C!� �Ii�F/✓�� L 5 69N7 W ,...,,.41 WAMON AM �� �� US MC LENCT CHORD LENOTH CHORD BEORIN0 � � . 2 �:H? c 141-m- c1 a.a9 a.,H 4,77 455599 1f p� ... 'S� "". +�{� �v/Fi Cx ,7(574)ZM34-4119 657 4E S 7 19 W a 47 �AJ +- SpQ�i C3 . s' M201 w Land Su rs a Professional y,KAF�° Landscape Architects.Land P -,003/(890)599-4003 a Fort i5 ro~ZOVI OWN ova L*14 Danch, Hamer & Associates, MICHAEL J. RANCH, L.A. Land Surveyors a Professional Engineers RON HARNER, P.S. Landscape Architects ® Land Planners Honorable Members of the City of January 7, 2013 South Bend Common Council 4t' Floor County-City Building South Bend, Indiana 46601 RE: Partial Indiana Ave. Street Vacation at for 1531 Kemble Street, South Bend: Hear Council Members: Our clients are requesting the approval of a partial Street vacation for a portion of Indiana Avenue adjacent to 1531 Kemble Street, South Bend, Indiana. This requested Vacation would allow for the reconfiguration of the Kemble Street property by adding additional land to the - site. It will also allow for a reconfiguration of the dedicated right-of-way for the north side of Indiana Avenue. The intent is to place all existing street improvements into a dedicated right-of-way. Once the Street Vacation is approved, a Subdivision Replat would be approved to create a single larger legal lot of record for the property owner. If you have any questions concerning this matter, please feel free to give me a call at 234-4003 . Sincerely, Michael J. Danch \ LF11 President Danch, Harner & Associates File No. 120222 "C" Md. ... f 1643 Commerce Drive a South Bend, IN 46628 208 West Mars a Berrien Springs, M149103 pffce 5741234-4003 it 8001594-4003 a Fax 5741234-4119 office 269/471-3010 r Fax 2691471-7237 L � ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first North/South alley West of Michigan Street from Madison Street North to the first East/West alley. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The alley to be vacated is the first North/South alley West of Michigan Street from Madison Street North to the first East/West alley for a distance of 198 feet and a width of 14 feet. The alley is a part of the Original Town, now City of South Bend, Portage Township, St. Joseph County, Indiana. hereby determines that it is desirable to vacate said property. SECTION 11. 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 111. The following property may be injuriously or beneficially affected by such vacating: Lots 160 through 165 inclusive of the Original Town, now City of South Bend. Section IV. The purpose of the vacation of the real property is to enhance the parking areas for the hospital staff and visitors. The vacation of these alleys will allow Memorial Hospital to reconstruct and expand their parking facilities. 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. D 0�Qom. Member of the Common Cou it Attest: City Clerk ' by " Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock M. City Clerk Approved and signed by me on the day of , 2 , at o'clock M. Mayor, City of South Bend, Indiana Fly JAIN I-` REAMNG 3rd C6i°4� ie n-'T r iz-.r L[.€...� PASSED PETITION TO VACATE PUBLIC RIGH'T'S-OF-WAY STREETS/ALLEYS TO THE COMMON COUNCIL DATE: Decembea•5, 2012 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE .ALLEY DESCRIBED AS: The first North/South alley West of Michigan Street from Madison Street North to the first East/West alley. B. THE STREET DESCRIBED AS: N/A NAME (signet! & printed) ADDRESS LOT# 615 N. Michigan Street, South Bend, Indiana 160-165 Jeff Costello, Chief Financial Officer Beacon Health System Signature Printed Name and Title Signature Printed Name and Title CON'T'ACT PERSON (S) NAME: James Lietzan RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: 2211 E. Jefferson Blvd. JOHN VOORDE, CITY CLERK South Bend, IN 4661.5 ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 PHO 574-236-4400 Filed In Coorkt n gK N VIiY MARION STREET 0 o - i 0 C2 18-1004-0143 W 18-1043-0055 18-1004-0144.01 CJ 18-1003-0054 00 .., 18-1003-0093 to W ` 18-1003-0089 n 18-1003-0092 18-1004-0148 14' 12150.0' MADISON STREET ail "' Office 18-1003-0100 Q 18-1003-0112 0 JA ><� 18-1003-0102 CRY CLERK,. ` 3t OOH -, 1�!H 4 F F•�I .w.ewrorx LEGAL DESCRIPTION. The alley to be vacated is the first North/South alley West of Michigan Street from Madison Street North to the first East/West alley for a distance of 198 feet and a width of 14 feet. The alley is a part of the Original Town, now City of South Bend, Portage Township, St, Joseph County, Indiana. S Elkhart General Hospital HEAL SYSTEM'�� Memorial f lospital of South Bend January 8, 2013 Mr. John Voorde, City Clerk City of South Bend County-City Building/Room 455 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Alley Vacation City of South Bend, Indiana Dear Mr. Voorde: I am requesting the vacation of the remaining portion of the North -South alley lying between Madison Street and Marion Street and Main Street and Michigan Street lying within the City of South Bend, Indiana as representative of the Beacon Health System. This vacation was originally a part of Ordinace 10176-12 certified October 11,2012,but was removed from the vacation after approval by the Board of Public Works, but before approval by the Common Council, Beacon Health System has recently acquired the remaining parcel of land adjacent to this alley, not previously owned by Beacon Health System, and wishes to proceed with this vacation. The purpose of the vacation of the real property is to enhance the parking areas for the hospital staff and visitors. The vacation of these alleys will allow Memorial Hospital to reconstruct and expand their parking facilities. It is in the interest of the City of South Bend and the Beacon Health System to vacate this property. Based on these reasons,I hope that you will grant my request. Thank you for your consideration,and if you have any questions please feel free to give me a call. Very truly yours, Eled `a 4�u JA Jeffrey P. Costello Chieflainarxci al Offcer �,� �,IN P � o13TR 8�* ,j {Fill"Ittj"t/� Q 1316 CcuNry-C=BUrr,DI.vG � f PTION;574/235-9251 27.7 VCT $FPPR54N BOi1IAVARA Fax 574/235 9171 SQDTu B.BNA, INDIANA 466or-r830 x ISbS CITY OF SOUTH BF-Nn PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS June 26, 2012 , Mr. Jim Litzen DLZ Indiana, LLC .... ._. .. .'� 22]1 East Jefferson Boulevard CF` v South Bend, Indiana 46615 RE: Alley Vacation—The East Half of the East/West A1leyand the South Half of the North/South Alleyof the Block surrounded by Madison,Main,Michigan and Marion—Development of Parking Lot (Preliminary Review) Dear Mr, Litzen: The Board of Public Works, at its June 26, 2012, meeting,reviewed comments by the Engineering Division,Area Plan Commission,Economic Development,Fire Department,Police Department and the Solid Waste Division. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the Iands 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 Tony Molnar at(5741235-9254 prior to RICI ing up your radius T You will need a radius map showing properties within 154' of the proposed vacation for your petition to the Common Council. Once you pickup the radius rnap, proceed to the City Cleric's office for your alley vacation packet. Sincerely, Linda N4. Martin,Clerk c: Federico Rodriguez,Fire Department Tony Molnar,Engineering Janice Talboom, City Clerk's Office Michael Mecham, Engineering ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE CITY OF SOUTH BEND'S ADA TRANSITION PLAN FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT OF WAY STATEMENT OF PURPOSE AND INTENT In 1990 Congress enacted the Americans with Disabilities Act (ADA) which, among other things, requires that municipalities throughout the United States adopt standards to improve access and remove barriers for disabled persons in their use of public facilities and governmental services. The City of South Bend, Indiana, has advanced these objectives through an aggressive sidewalk and curb cut replacement program in the downtown South Bend area where government service facilities are concentrated. It has replaced sidewalks in neighborhoods through a public/private improvement plan over a period of many years. Downtown and neighborhood sidewalk replacement has consistently been made in conformity with ADA Guidelines for Pedestrian Facilities in the Public Right of Way. These standards were formally adopted by the South Bend Common Council December 12, 2011 under Resolution #4131-11. Municipal public hearing rooms all offer accommodations for the hearing and sight impaired upon request, and notice of this is regularly posted. The City has designated an ADA Coordinator and adopted a procedure for grievances affecting accessibility for the disabled. This was formally enacted by the Common Council Decemberl2, 2011 under Resolution#4130-11, although since 1998, the City was an active member of the St. Joseph County Disability Rights Commission which, among other things, received and resolved concerns of the disabled within this community. As part of its ADA compliance process, the City of South Bend has formulated a Transition Plan which is attached hereto and incorporated herein as Exhibit "A." It provides the City's future plan for addressing accessibility barriers to pedestrian facilities in the public right of way within the South Bend corporate limits. This Transition Plan has been the subject of public hearing by the Board of Public Works at a meeting held January 8, 2012 as to which notice was properly published in the South Bend Tribune. The Transition Plan has also been posted on the City of South Bend's website at www.southbendin.gov/ada for at least the past 30 days prior to this date along with the form for public comment, and a copy has been made available at the downtown branch of the St. Joseph County Library and at the office of the South Bend City Clerk . i NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section 1. The Americans With Disabilities Act (ADA) Transition Plan for the City of South Bend, Indiana, which is attached hereto and incorporated herein as Exhibit "A" is hereby adopted and approved. Section 11. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 0�'A Member, South Bend Common C cil Attest: City Clerk ,A Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2011, at o'clock Mn City Clerk Approved and signed by me on the day of , 2011, at o'clock_. M. Mayor FWdif I Office OA-L3 .i �Cf:✓ ,t. "� FAF,��yy �y ray( 3 fJ r•r...: :f-.V 1400 C.ouNTY-C3rr B�nLr}aac �\\ PxoNE 574/23 5-924] 227 W.J,FrR.RsoN Boujx.vARD �' �: \� , •i d FAx 574/235-7670 W `\�MAC�;'j SouTki BEND,INuANA 4 66 01-183 0 �$b�J C1Ty of SouTH BEND PFr8 B>. jGiEc,, MAyoR DEPARTMENT OF 1LAw ALkDEAN M. DEROSE CrrYATroRNEY,AD INTERTm December 31,2012 Mr. Derek Dieter President, South Bend Common Council 4"'Floor, County-City Building South Bend, IN 46601 Re: Ordinance Approving ADA Transition Plan Dear President Dieter: Attached is an Ordinance which was presented on December 18, 2012 to the City Clerk for actual filing and publication. The Ordinance provides for Common Council approval of the City's Transition Plan under the Americans with Disabilities Act (ADA) for Pedestrian Facilities in the Public Right of Way. This Transition Plan describes how the City of South Bend intends to remove barriers for disabled persons who enter or are within the public right of way. The City is also in the process of taking an inventory of the City's buildings open to the public for City services, and will be preparing an Addendum . or a separate Transition Plan for that within the next year. In developing the attached Transition Plan, Legal Department and Engineering Staff have worked closely with the Michiana Area Council of Governments (MACOG), and we are grateful for their technical assistance. For the information of Council, the ADA Transition Plan has been available for public comment on the City's website ,since December 18, 2012. The direct address for access is: southbendin.gov/ada. Public hearing on the Transition Plan before the Board of Public Works is now set for January 8, 2013. 1 will present this Ordinance to Council at its appropriate Committee meeting and at the regular Council meeting, and we hope the Council.will adopt it. Thank you. Sincerely, Aladean M. DeRose City Attorney,A.1. AMD/cw CHERYL A. GREENE ANN-CAROI.NASx ANDRRA L. BEACHKQFSKY LAWRFNCE,J.MEMVER JEFFREY L.SANFORD - ayi " M �S k �a z r i Fs jW jog pen Wj rMA ll � 1 S l y �3 - �` 3 1 h , Table of Contents Introduction......................................................................................................................................... I Transition Plan History and Overview................................................................................................1 LegalRequirements.......................................................................................................................... I Identified.Obstacles to the Public Right-of-Way.....................................................................2 PreliminaryEvaluation..............................................................................................................................2 DetailedEvaluation.....................................................................................................................................2 !Methods to Removing Barriers- Policies&Priorities.........................................................3 Barrier Removal Priorities.......................................................................................................................3 LocationPriority......................................................................................................................................................3 AccessibilityCondition...............................:...........................................................................................................3 PriorityRank.............................................................................................................................................................4 Public Complaint Process.........................................................................................................................4 New Construction &Alterations............................................................................................................5 Schedule................................................................................................................................................5 ResponsibleIndividual.................................................................................................................... 5 PublicInput..........................................................................................................................................5 AttachmentA....................................................................................................................... .....6 AttachmentB................................................................................................................................ AttachmentC.....................................................................................................................................12 AttachmentD...........................................:.........................................................................................14 AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: I PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY INTRODUCTION The purpose of this plan is to ensure that the City creates reasonable, accessible paths of travel in the public right-of-way for everyone, including people with disabilities. The City has made a significant and long-term commitment to improving the accessibility of their pedestrian facilities. The Transition Plan identifies physical barriers and prioritizes improvements that should to be made throughout the City. This Transition Plan describes the existing policies and programs to enhance the overall pedestrian accessibility. TRANS$'N P1,AN HISTORY AND BACKGROUND For recent periods totaling more than fifteen years,the City of South Bend has had an active partnership with its citizens for the replacement and enhancement of City curbs and sidewalks in which South Bend has shared the cost with citizens for sidewalk repair and replacement. All repair and replacement has been done to ADA standards. South Bend is the St.Joseph County seat,and downtown South Bend,with its concentration of City and County government services buildings including the courthouses for St. Joseph County and the United States District Court,has undergone recent sidewalk widening,curb cuts, and ramp replacements,all conforming to ADA standards. South Bend has responded to particularized citizen need for ADA accessibility in street crossings throughout the City and will continue to do so as part of its Transition Plan. LEGAL REQUMEMENTS The federal legislation known as the American with Disabilities Act CADA], enacted on July 26, 1990,provides comprehensive civil rights protections to persons with disabilities in the areas of employment, state and local government services, and access to public accommodations,transportation,and telecommunications Title II specifically applies to "public entities" (state and local governments) and the programs, services,and activities they deliver. Title II Article 8, requires public entities to take several steps designed to achieve compliance. The plan shall,at a minimum includes: 1. A list of the physical barriers in a public entity's facilities that limit the accessibility of its programs,activities,or services to individuals with disabilities. 2. A detailed outline of the methods to be utilized to remove these barriers and make the facilities accessible. 3. The schedule for taking the necessary steps to achieve compliance with Title 11. 4. The name of the official responsible for the plan's implementation. City of South Bend I Introduction AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY r ecorded into an intersection database'. The result from this evaluation is a detailed understanding of the ADA barriers at that intersection. METHODS T® REMOVING BARRIERS-- POLICIES & PRIORITIES The City utilizes many different approaches in removing barriers in the public right-of-way, including proactively identifying and eliminating the barrier, responding to public complaints, and ensuring the appropriate design and build-out of new construction following the most recent design guidelines. BARRiM REMOVAL PRIORITIES The City of South Bend bases barrier removal priorities on two factors: location and the accessibility condition of the intersection.. Location Priority According to the Accessible Rights-of-Way: A Design Guide, "the DOI regulation imposes a specific construction requirement...specifies a priority for locating (curb ramps) at:State and local government offices and facilities;transportation;places of public accommodation; places of employment; and other locations." Following this guidance,the City identified its location priority as follows: 1. Intersections serving government facilities, 2. Intersections serving commercial and employment centers,and 3. Intersections serving other areas. Accessibility Condition Using the data from the Preliminary Evaluation and the Detailed Evaluation, an accessibility condition, or Access Grade, can be determined, Points are assigned to the identified ADA barriers and calculated for each intersection. This will give the intersection an overall Condition Score for accessibility. The Access Grade assesses the Condition Score out of the total possible points and assigns a letter grade. This letter grade is A through E, A being the most accessible and E being the least accessible. 1 The database is quite large and is constantly updated; it is not feasible for it to be included in the text of this ADA Transition Plan. The database may be made available for Public review by advanced written request to the ADA Coordinator. City of South Bend I Methods to Removing Barriers-Policies&Priorities AMERICANS WITH DISABILITIES ACT TRANSITION PLAN. I PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY reasonable ADA complaints in an informal,mutually satisfactory manner. All complaints or requests will be kept on file and will include the response. Attachment C is a copy of the City's public Grievance Procedure for Pedestrian Facilities in the Public Right-of-Way. NEW CONSTRUCTION�a' ALTERATIONS In order to ensure the correct design of curb ramps, sidewalks, and crosswalks in new construction and alterations, the City has adopted the Accessibility Guidelines far Pedestrian Facilities in the Public Right-of-Way (see Attachment C for a copy of the resolution). Whenever there is an intersection improvement project or new construction project, any affected curb ramps, sidewalks, and crosswalks will be rebuilt to these ADA design guidelines,where feasible and reasonable. SCHEDULE As opportunity allows, the City will make efforts to improve the ADA Accessibility of pedestrian facilities in the public right-of-way. As stated in the Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way, "compliance is required to the extent practicable within the scope of the project." There will be times when is it technically infeasible to provide technical compliance. for example,if clear space at the top of the ramp is obstructed by a building or the slope of a hill is so extreme as to prevent a reasonable slope for a ramp in both directions. The inventory process may not account for such situations and could show a high-priority rating when all feasible actions have been taken. Additionally, given a program as broad and comprehensive as the City's pedestrian network, the City will follow the concept of Program Access under Title 11 of the ADA. Program Access does not necessarily require a public entity to mare each of its existing facilities accessible to and usable by individuals with disabilities,as long as the program as a whole is accessible. Under this concept, the City may choose not to install a sidewalk at some locations (or to install them as a lower priority later), as long as a reasonable path of travel is available even without the sidewalk. RESPONSIBLE, INDIVIDUAL. The official responsible for the implementation of the City's ADA Transition Plan for the pedestrian facilities in the public right-of-way is: Aladean Depose Email: aderose @southbendin.gov City Attorney,A.l. Phone:574-235-9241 227 W.Jefferson Bvld,Suite 1200 Fax: 574-235-7670 South Bend,IN 46601 �..........-.-...,.._W......._.�._,..,._�.__.�_._.-City of South Bend I Schedule 41 AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: PEDESTRIAN FACIL1TfES IN THE PUBLIC RIGHT-OF-WAY ATTACHMENT 1. ADA GUIDELINES USED IN DrTAILED EVALUATION 2. EVALUATION FORM City Of SOtltt]$@rid � �T AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY Sidewalks In evaluating the accessibility of existing sidewalks,the following factors were considered: 1. Is there a sidewalk at each corner? 2. Is there at least 4 feet of continuous and unobstructed clear width of a sidewalk (excluding the curb width)? 3. If the continuous width is less than 5 feet, are the passing spaces at least every 100 feet along the sidewalk that are 5 feet wide or greater? 4. Is the cross slope of the sidewalk less than 1%? S. Where the sidewalk is adjacent to the street, does the grade of the sidewalk not exceed the general grade of the street? 6. Is the surface of the sidewalk firm,stable,and slip resistant? 7. Are any gaps in the surface less than 1h inch? 8. Is the sidewalk clear of grates or if there is a grate: a. are the openings no 'More than Y2 inch wide and b. do the elongated openings run perpendicular to the direction of travel? 9. Is the sidewalk clear of protruding objects? If there is a protruding object is: a. the leading edge of that object less than 17 inch and more than 80 inch above the ground,or b. the protrusion less than 4 inches into the travel path of the sidewalk,or c. a barrier is provided no more than 17 inches from the ground where the vertical clearance is less than 80 inches. Crosswalks In evaluating the accessibility of existing crosswalks,the following factors were considered: 1, Is there a crosswalk that connects two sidewalks across a street? 2. Is the width of the marked crosswalk at least 6 feet? 3. Does the cross slope of the crosswalk meet the following guidelines: a. If the crosswalk is crossing a street with a stop control,is the cross slope less than 1%? b. If the crosswalk is crossing a street without a stop control, is the cross slope less than 5%? 4, Is the running slope of the crosswalk less than 5%? 5. If the crosswalk crosses a median,is the length of the median at least 6 feet and does it contain detectable warnings located at curb line or edge of the roadway? 6. If the intersection signalized, does it have a pedestrian signal, if so, does the pedestrian signal phase allow enough time for a walking speed of 3.5 ft/sec? City of South Bend [Attachment AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY ATTACHMENT , ADS PkIORITIES MAP City of South Bend AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY ATTACHMENT C I REs0LIJT;ioKt ADOPTING ADA DESIGN GuIDELINES 2. RFsmmmi AppoiwaqG ACA COORDINATOR 3,ADA GRIEVANCE PROCEDURE 4, RESOLUTIONi ADoPTING THE AMERICANS WITH Am- TRANSITION PLANt' PEDESTRIAN 1"AULITIES IN 1-14E PUBLIC RILIA T-OF-WA Y City of South Bend 6 RESOLUTION NO. ° A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND; INDIANA,ADOP'T'ING THE AMERICANS WITH DISABILITIES ACT(ADA), DESIGNATING THE ADA COORDINATOR,AND ADOPTING PROCEDURES WHEREAS, the Federal government enacted the Americans with Disabilities Act of 1990 (ADA) to prevent discrimination of the physically and mentally disabled relating to employment and access to public facilities; and WHEREAS, in compliance with Title II of the ADA the City of South Bend shall name an ADA Coordinator;and WHEREAS, in compliance with Title II of the ADA the City of South Bend shall adopt a grievance procedure for resoling complaints alleging violation of the Title II of the ADA; and WHEREAS, in compliance with Title II of the ADA the City of South Bend shall publish notice to the public regarding the ADA; and WHEREAS, in compliance with Title If of the ADA the City of South Bend shall post the ADA coordinator's name, office address, and telephone number along with the ADA Notice and ADA grievance procedure on its website. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: SECTION I. The Chief Assistant City Attorney, Aladean M. DeRose, is designated as the ADA Coordinator for the City of South Bend, Indiana, and South Bend's ADA Coordinator shall be an attorney in the City's Legal Department. SECTION Ii. The Notice under the Americans with Disabilities Act, a copy of which is attached hereto as Exhibit "A", is adopted as the City of South Bend Notice under the Americans with Disabilities Act(ADA). SECTION III. The City of South Bend Grievance Procedure under the ADA, a copy of which is attached hereto as Exhibit 'B", is adopted as the grievance procedure for addressing complaints alleging discrimination on the basis of disability in the provisions of services, activities,programs or benefits by the City of South Bend. SECTION IV. In compliance with Federal and State Laws as set forth above, the Common Council of the City of South Bend resolves to post the required information regarding the ADA. coordinator, Notice under the ADA, and the City of South Bend Grievance Procedure under the ADA on its website and at such other locations as may be determined from time to time. CITY OF SOUTH BEND,INDIANA GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT(ADA) The City of South Bend, Indiana, in accordance with the Americans with Disabilities Act ("ADA") has adopted this Grievance Procedure to insure prompt and equitable resolution of complaints alleging discrimination based on disability in the provision of programs, services, benefits, or activities provided by the City of South Bend. Employment related claims of disability discrimination are governed by the City's Personnel Policies. The steps in the city of South Bend's Grievance Procedure are as follows: 1. File written Complaint using South Bend's form (attached) no later than 60 calendar days after the date of the violation. Information must include: • Name, address, phone number, e-mail (if applicable) of person filing the grievance. • Name, address, phone number, e-mail (if applicable) of person alleging grievance on behalf of someone else. • Date and approximate time violation occurred. • Narrative description of the violation • Remedy or desired City corrective action The complaint should be submitted to: ADA Coordinator, South Bend Legal Department 227 W. Jefferson Blvd., Ste 1400 South Bend, IN 466014 Alternative means of Cling Complaints such as personal interviews or a tape recording of the Complaint will be made available for persons with disabilities upon request. 2. South Bend's ADA Coordinator will acknowledge Complaint with 21 days from date of filing. The ADA Coordinator may meet with Complainant to discuss the Complaint and explore informal resolution to problem. 3. If informal resolution is not reached, then within 30 days after initial response under Step 2, the ADA Coordinator or Designee will respond in writing, and where appropriate, in a format accessible to the Complainant such as large print, or audio tape. The response will explain City's position and offer options for resolution of the Complaint. OWAMERICANS WITH DISABILITIES ACTTRANSITION PLAN: PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY ATTACHMENT D .. A GRIEVANa FORM 2. PUBLIC COMMENT AND RESPONSE FORK4 City of South Bend AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY PU13LIC COMMENT AND RIrSPOiVSim I"oRm,' Date of Comment: Name of Person: Comment: Response: City of South Bend Attachment Dim", ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013 STATEMENT OF PURPOSE AND INTENT The Common Council approved Ordinance No 10199-12 establishing the 2013 maximum salary and wages for all non-bargaining employees of the City of South Bend, Indiana on October 29, 2012. Upon later review of the salary ordinance schedule it was determined that a numerical transposition had been made in the 2012 salary ordinance for the Financial Specialist IV position approved in 2011. The ordinance showed a maximum salary level of$40,258 rather than $42,058 as had been established and approved by the Common Council in 2010. This transposition was not corrected for the 2013 salary. The purpose of this ordinance is to correct this error. The overall guidelines used in this Ordinance are consistent with the overall negotiating criteria used for all non-bargaining employees of a 2.0% increase to the maximum salary. This Ordinance is in the best interest of the City and the affected non-bargaining employees. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1: Maximum Compensation (a) The maximum amounts to be paid as annual compensation for a Financial Specialist IV for the City of South Bend, Indiana for the Calendar Year 2013 is $43,757. The bi-weekly amount is $1,683. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: Member of the Common Counc' City Clerks Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2012, at o'clock . m. City Clerk Approved and signed by me on the day of , 2012, at o'clock m. Mayor, City of South Bend, Indiana Filed pc d PASSED SpU TU 120ON COUNTY—Ci rY BUfLDING �\ PHONE 574.235.9216 227 W. JEFFERSON BLVD. �\�\ PEACE// y FAx 574.235.9928 � , .,.G � SOUTH BEND,INDIANA 46601-1830 18G5 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE January 9, 2013 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 0 Floor South Bend, Indiana 46601 RE: Salary Ordinance Amendment to Correct a Mathematical Error for one Salary Category—Financial Specialist IV Dear President Dieter, The Salary Ordinance passed fixing maximum salaries and wages for calendar year 2013 contained an uncorrected mathematical error from the 2012 salary ordinance. In order to establish the proper maximum salary for the Financial Specialist IV position the attached Ordinance has been prepared. The mathematical error occurred when the prior year's 2.0% increase was calculated on $40,258 rather than the established salary maximum of$42,058. The 2012 maximum salary should have been set at $42,899 and the 2013 maximum salary should have been set at 43,757. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1St reading on January 14, 2013 with 2nd reading,public hearing and 3`d reading scheduled for January 28, 2013. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-7500. Regards, Filed In CIOWS . C 'A , .� Mark W. Neal 'an '. ' � a�; SE City Controller CITY 0':A,L,a Al.-4'f ` R��3s � cc: Pete Buttigieg Mayor Mike Schmuhl, Chief of Staff Kathryn Roos, Deputy Chief of Staff Aladean DeRose, Interim City Attorney lJ��` f RESOLUTION No. Bill No. 13- A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, RECOMMENDING THAT THE CENTURY CENTER BOARD OF MANAGERS PUBLICLY DISCUSS THE AECOM REPORT AND THEN PREPARE REQUESTS FOR PROPOSALS WHICH TRULY REFLECT THE BEST INTERESTS OF THE CITY OF SOUTH BEND FOR THE MANAGEMENT OF THE CENTURY CENTER GX" on April 10, 1973, the South Bend Common Council passed Ordinance No. 5504-73, which was signed into law by then South Bend Mayor Terry J. Miller, which established a Civic Center Authority for the"development of a Civic Center..." ; and (A" the 1973 ordinance noted that the "Civic Center would enhance the participation potential of the community and compliment the industrial, commercial and academic growth of the South Bend Metropolitan Area...[with] the City of South Bend desire to establish an authority to maintain, control and operate said Civic Center...'; and 6 the 1973 ordinance further called for the initial 9-member board to have "not more than five of whom shall be members of one political party, who shall be representatives of..." the Mayor's five (5) appointments including one (1) Hotel-Motel Tax Board representative, two (2) "Mchiana Area" residents, one (1) "South Bend resident", and one (1) representative for the South Bend Community School Corporation; and the Common Council's four (4) representing one (1) from the Parks and Recreation Board, one (1) representing the Industrial Museum, one (1) representing the South Bend Art Center, and one (1) representing the Michiana Arts and Sciences Council [section I of Ordinance]; and 6X" the 1973 ordinance creating the Civic Center Authority further provided that the Authority was to "...submit an annual budget to the Common Council in the same manner as city departments" [Section IV of ordinance] W" on October 11, 1982, as part of the requirements of Indiana Code § 36-4-9-4, Ordinance No. 7108-82 was passed by the Common Council which formally amended the South Bend Municipal Code by establishing the executive department and other administration functions which the City "considers necessary to perform efficiently the administrative functions required to fulfill the needs of the City's citizens" which specifically included the continuance of the South Bend Civic Center Board of Managers pursuant to Indiana Code § 36-10-2-5; 40" in late 2006, Global Spectrum, the Philadelphia-based company was hired to manage the Century Center; and in February of 2011 their General Manager resigned with a replacement General Manager being hired thereafter; and in December of 2012 the Century Center Board of Managers, City Administration and the Common Council received a copy of the report issued by the Chicago-based AECOM Technical Services which was paid for by redevelopment monies to study the economic impact of the Century Century Center Resolution Page 2 Center compared to similar convention centers having similar demographics as well as to review the overall management of the Century Center; and G;" as of this date, neither the Century Center Board of Managers or the Common Council have publicly discussed the information set forth in the AECOM Report which noted among other things that the Century Center holds a low number of convention and trade shows compared to other facilities; and 6*4_" South Bend Municipal Code § 2-10 (i) specifically authorizes the Council's Parks, Arts, Recreation and Culture Committee to oversee "...the various activities of the Century Center..." and further provides that the Council's Personnel and Finance Committee oversee various fiscal matters of the city. , 9�Q Myfwa A�a6QW6*4 *A& %mmdw %wWlyf& goe Ate : Section 1. The Common Council of the City of South Bend, Indiana, notes that the current contract with Global Spectrum expires on June 30, 2013. Section Il. The Council believes that public dialogue needs to take place on developing requests for proposals (RFP) which truly reflect best practices for managing civic centers, which is open, responsible to our citizens and transparent. Furthermore, the pros and cons of developing RFPs which would permit interested parties a variety of efficient management styles including but not limited to in-house management would be in the greater good of our City. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. LA Henry Davis, Jr.,2nd District ouncil Member PARC Committee Chairperson John Voorde, City Clerk Century Center Resolution Page 3 0"mft2r&41& Ara 'pw 2018. Office of the City Clerk a�pp goO Pete Buttigieg, Mayor South Bend, Indiana John Voorde, City Clerk Filed AN )'< crry C _)T F�7! 'j LERK,SOUT1413END,IN City of South Bend .� Common Council " 1865 k 441 County-City Building . 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://www.southbendin.gov Derek D. Dieter President Oliver J. Davis Vice-President Karen L. White January 22,2013 Chairperson, Committee of the Whole Members of the Common Council Tire Scott 4t'Floor County-City Building First District South Bend, Indiana 46601 Henry Davis, Jr. Re: Resolution Addressing the Management of the Century Center Second District Dear Council Members: Valerie Schey Third District Since 1973, the Common Council has played a pivotal role in the development Fred Ferlic of a civic center which would be an economic catalyst in the City of South Fourth District Bend. David Varner As noted in the Council's 1973 ordinance: Fifth District [The] "...Civic Center would enhance the participation potential of Oliver J. Davis the community and compliment the industrial, commercial and Sixth District academic growth of the South Bend Metropolitan Area..." (Emphasis Derek D. Dieter added At Large As a result of the vision, hard-work, and leadership of the individuals involved Gavin Ferlic in creating a civic center in downtown South Bend, millions of dollars in At Large revenues have been brought into our city. Karen L. White In light of Redevelopment Commission dollars being used to pay for a study to At Large measure the economic impact of the Century Center and to study how it is management, it is perplexing why the AECOM study has not been publicly discussed. Additional concerns have been raised at what appears to be a rush to have the Century Center Board of Managers publish RFPs for the future management of the Century Center, without even discussing the report. The City of South Bend, especially during these challenging economic times, need to be much more open and transparent when public dollars are involved. Cover Letter to Century Center Resolution January 22,2013 Page 2 1 have therefore introduced the attached Resolution to formally trigger these discussions so that informed decisions which reflect the best interests of the City of South Bend are made. I am asking that this proposed Resolution be sent to the PARC Committee and the Personnel and Finance Committee so that a joint committee meeting may be held next Monday, January 28th. I seek your support of this Resolution. Thank you. Sincerely, Council Member Henry Davis, Jr. PARC Committee Chairperson Attachment Filed in Ciork's Office JAN 2 ZQ1 CITY CLERK,SOU t K BEND,fid Area Board of Zoning Appeals—December 5, 2012 DAVID MARTIN/BICYCLE GALLERY The petition of David Martin/Bicycle Gallery seeking a Special Exception to allow a tattoo, body piercing establishment in a"CBD"District and from the maximum allowable two controlled uses within i000`to 41, on property located at 127 W. Washington Street,Portage Township. Zoned"CBD". This was tabled from the November ABZA meeting. MR. DAVID MARTIN: I live at 56415 Westlea Drive, South Bend, Indiana. I'm the owner of Bicycle Gallery and I currently work at Marvel Tattoo on 933 North. What we are wanting to do is expand the scope of our business to include tattooing. Our goals are to expand and built on the art scene in South Bend. We want to be a cutting edge for art in South Bend and downtown. In South Bend many of the art galleries have limited hours mainly due to slow sales of art. By merging tattooing in the gallery will provide higher level of quality. By expanding art and tattooing we will be able to bring in higher traffic from the tattooing for exposure for the art and the will also lend class to the tattooing. I myself have been tattooing since 1996. I have always been tattooing in this area or close to it. I have been licensed in the county ever since there has been a licensing process. I'm always in good standing. I've never been a nuisance. The county's never had a problem with me. I am one of the foremost tattoo artist in Indiana. I draw clientele nationally. I really hope you guys go for this. MR. FEDDER: Just for the record. This is at 127 W. Washington Street here in South Bend? MR. MARTIN: Yes. It is currently operating as a gallery only, no tattooing yet. MR. PHIPPS: This is lust one. We had a photo and I think it said Urban Lily over the front door. Is it all the way to the corner? MR. MARTIN: No,no, it's just that one little section right there. The signage will be very limited too. We will keep the signage, like the tattooing, when we add,we get licensed, it will be very small. We won't have any big neon signs or anything like that because we want this to be very class. We want it to be upscale. MR. HAWLEY: Mr. Martin how do you determine, I noticed that it says, no one under the age of 18. If somebody walked in and they looked like they're 20 but they might only be 16, how do you determine their age? MR. MARTIN: Currently at Marvell Tattoo which I am currently employed at,we follow the county laws. What we do is we photo copy ID's and we keep them on hand. In the county we will not be, or in the city we will not tattoo anyone under 18,period. Piercing we will follow whatever the rules are for the city. MR. HAWLEY: But how do you prove that? How do you prove that they're... MR. MARTIN: They bring in their ID's, I mean if you can't accept an ID, I mean... 21 Area Board of Zoning Appeals—December 5, 2012 MR. FEDDER: Are they picture ID's. MR. MARTIN: Yes. Legal state issued ID's. MR. URBANSKI: And you keep a copy on hand? MR. MARTIN: We always keep, because the County requires this,when they come to inspect us they can actually come and see the waiver and the photo copy of the ID is attached to the waiver that the person signed. And that's actually what we do currently for the county. MR. HAWLEY: Just for my information on piercing is that still an 18 age factor there or not? MR. MARTIN: I think in the City the rules are a little bit different with the Health Department than they are in the County but we will follow whatever the rules are for the City. MR. HAWLEY: You don't know what those are off the... MR. MARTIN: They have a specific list on which piercings are allowed for under 18 and which aren't. And I'm pretty sure the ones that are allowed are the basic like the ears. I'm pretty sure that's pretty much it. I didn't bring a copy of that law with me but I've already made a career of following the rules in St. Joseph County and I plan to continue doing the same when I come into the City. IN FAVOR MS. NOEL ULLERY: I live at 706 Park Ave. in South Bend. My name is Noel Ullery,although our community knows me as Noel Spring. I recently graduated from IU South Bend with highest distinction and I am a writer and body piercer. I'm here to speak in regards to speak in regards to Bicycle Gallery because I am the body piercer that David Martin hopes to employ if we are able to offer body piercing and tattooing. For six years I worked as professional piercer at Marvel Tattoo in South Bend. It has been my mission to offer safe, hygienic,and enjoyable body piercing services since I began piercing and I have worked to further my knowledge of piercing health and safety through the Association of Professional Piercers also known as the APP. A full description of the APP can be found on their website but an excerpt follows: Governed by a voluntary elected Board of Directors, the APP is a united group of piercing professionals that freely shares information to help fellow members,piercers, health care professionals, legislators, health inspectors,and the general public get the best and most up to date information about body piercing, At the past shop that I worked at I was unable to become a member of the APP because the shop did not meet the APP's stringent requirements and standards. At Bicycle Gallery, I will be working under APP standards in order to become a member. The APP sets the standard in the piercing industry for the highest level of hygiene,education, jewelry quality, and ethics. I will be honored to be the first and only piercer to offer such an immaculate piercing experience to the City of South Bend. Bicycle Gallery will function as a high class tattoo and piercing establishment that will attract clientele who want an unrivaled level of service, hygiene, and quality, while being at the forefront of industry trends and knowledge. This type of exclusive tattoo/piercing shop 22 Area Board of Zoning Appeals—December 5,2012 does not currently exist in South Bend so it will undoubtedly be a large draw for the downtown area. More so an APP member,Bicycle Gallery will be listed on the APP website. Since the closest APP member to South Bend currently resides in Chicago, Bicycle Gallery will attract cultivated clients from surrounding cities as well. This is precisely what downtown South Bend needs to help grow all of its businesses and continue its evolution into a true 2I't century city. Thank you. MS. MARIE MITCHELL: I live at 1236 Longfellow, South Bend. And I'm really excited about the addition of the Bicycle Gallery to downtown South Bend. Although body art has been viewed traditional as taboo or counter culture by dominant American traditional values, these practices have a richer and more valuable place in many indigenous and minority cultures throughout the world and the U.S. The virtues of diversity by now are fair to many of us in virtually every sector of life, politics,education,business. I've lived the integration of body art in a traditional gallery setting as a progressive statement about our exclusive community values which will translate well in the form of culture and business.Thank you. MR. DAVID GUTHRIE: I live at 2909 1/z, Apt.A, Lincolnway West, South Bend. I have a degree from IUSB graduating 2005 with philosophy and physiology as my majors and I've spent the last 15 years of my life employed at the University of Notre Dame at the Morris Inn. I have two talttoo by David Martin myself over the course of the last ten years. I chose him because of his reputation both as a talented artist and as a clean hygienic practitioner. I do feel that tattoos have a stigma that I don't think is deserved. I have many friends that are servicemen and women, working persons, and otherwise youth artistic and philosophical culture locally that all have tattoos. I ask you to vote in favor and hope that this sort of stigma doesn't interfere with the decision. MS. RHONDA SKINNER: I live at 50983 Safari Drive, Granger. I have known half pint,David Martin, for 16 years. I'm a client of him and Noel both. I am an artist and I work full time in South Bend. What I know of David is he has a very outstanding character as a man and as an artist he is just amazing. And I think he would do nothing but benefit the downtown area. Thank you. MS. ACCA BATHOBONY: I live at 609 N. Hill St., South Bend. I wanted to just come up here and really hope that you guys are going to vote in favor of this. I think it's something that would really be good for our city as far as diversifying it and getting some younger into the community. I have been pierced by Noel and I do receive tattoos from David. My first one was eleven years ago and I have been going to Marvel. I only go to Marvel. And as far as when you guys were discussing the ID's and how they would know that it's not a minor that they're, I've been refused, I'm 28 now, I was refused a tattoo at Marvel because I did not have my ID with me when I was 24. So it was actually Noel that refused the service for me so I know first hand how strict the two of these people will be with their guidelines. The stigma that does involve with tattooing, I have a skull in the middle of my chest. It's been there for three years now but I work at Notre Dame at Moreau seminary. And I am not judged on the way I looked but my work ethics and I've never had anything negative said to me as far as my opinions and my views,just my work ethics. I'm just really hoping you guys vote for it. 23 Area Board of Zoning Appeals—December 5, 2012 MR. HENRY DAVIS JR.: Second district Councilman. I live at 5117 Idlewood Drive, South Bend. I'm speaking in favor of the business corning into the downtown area. We have a lot of economic disparities in downtown South Bend as it relates to the vacancy rate as well as the diversification of the businesses in the downtown area. Over the past couple of years we've suffered huge losses and still are suffering losses as it relates to the Chase Tower. As it relates also the College Football Hall of Fame and we can go on down Wayne Street as well to see how vacant that is. I think that bringing a business down to South Bend, Indiana downtown could excite,will excite more people to come down. We've always and we've tried to pride ourselves of being welcoming community. We pride ourselves of being 21"century community. All America city and we can't continue to miss out on opportunities to help grow entrepreneurship in the city. Or even our tax base. Again we're suffering quite a bit. And the traffic this may bring could potentially help out with some of the things we're trying to address with bringing more foot traffic downtown, bringing more revenue downtown and making sure that all the other businesses can gain for the traffic that this may produce. Per our conversation about how it may be an element that may follow behind it. I'm here to say that I have two piercing right now,both of my ears. I don't wear my earrings anymore but I still have them, my ears are pierced.And also I have a brand on my arm from a fraternity. And so I am also an elected official. So when we were talking about stigmas and walk this line about who this may bring in,their money will spend just as well and my money spends as well as your money spends inside of a bar,restaurant. Even if one wanted to buy property and even if I wanted to invest my money in a credit union or bank, it still spends the same. As a district councilman and also a resident of the City of South Bend I support businesses in the City of South Bend for that very reason. We just missed another opportunity a couple of weeks ago when we have a store that wanted to expand on Western Ave. How to we continue to tell businesses no when we say we need more and so as an economic multiplier affect as much as we can get more small businesses to our central business district and into our neighborhoods, I'm for it. I am for it. We have a substation that I participated in making sure it got downtown to make sure that we've rid the perception of crime in the downtown area. So I don't see an element of crime potentially in the area. And work with downtown South Bend as well to make sure that we marketing and advertising properly. Not only to the residents of South Bend but also the larger audience which is the world. So we have all of the tools and all the fences in place to make sure that we able to enforce proper City codes but also to welcome other people in our community that may necessary feel the part or want to even come in. So I ask for your favorable recommendation on this matter. Thank you. REMONSTRANCE MS. INGRID MATHIS: First Source Bank, 100 N. Michigan, south Bend, Indiana. And obviously I am here on behalf of First Source Bank. I work in the administrative services department of the bank and part of charter in this department is to lease space in downtown South Bend, vacant space that the bank is unable to use for itself. And we've been very successful in doing that by grouping complimentary businesses together in our buildings and our tenants stay long term. While we support the growth of small businesses we also recommend that it be done with common sense and a purpose with consideration being given to the surrounding businesses and the culture that it serves in the downtown Central Business District. The immediate downtown area surrounding this proposed business, as many of you know is flanked by two major 24 Area Board of Zoning Appeals--December 5, 2012 bank headquarters. Which we all know and we may never change is very traditional and very conservative in their culture. Zoning approved for a Central Business District should allow businesses that compliment each other and serve the major surrounding businesses that are already down here. While we are not criticizing the talents of this very creative entrepreneur we question that this Special Exception will serve and compliment the existing customer base that we already have downtown in the Central Business District. Another concern that we do have is if the Special Exception were approved what other types of complimentary businesses would this attract that would want to share the clientele with a tattoo piercing business? And we all know, and I'm one of them,many of my family members have tattoos and piercings but we all know that there may be other businesses that want to share with this clientele that is not of a corporate culture nature. Perhaps a better place for it to be located might be right next to a university as they are in many other cities. We ask that the Area Board of Zoning Appeals do what is right for the Central Business District of South Bend and not jeopardize the businesses that are already here and their perceptions of downtown and or drive out existing businesses that may be considering locating in downtown South Bend. MR. MARK ROCKWELL: I live 1144 E. Bronson Street, South Bend. I'm a longtime resident of South Bend. I was born and raised 1006 Twyckenham. My parents left South Bend because of two reasons and that was because of IUSB going further into their property lines on, back behind Twyckenham on the other side and in the degradation of downtown South Bend as far as going to different businesses that didn't promote a family culture. I'm not one to say that I'm conservative, liberal, whatever, I don't care but my family left for one reason and that's because of that so I don't want that same thing to happen to future families or to my family. My future fiance and I just moved into South Bend and one of your other amendments on your proposals are is to put a tattoo place next to our neighborhood also. And I'm not speaking to that one but I'm also speaking to the whole of South Bend. What are we trying to promote in South Bend and I think that would only future bring more of those businesses here and I'm not one to say that I'm all for that. My family to Osceola and moved out of all of this because all these things are popping . up like that and just the higher tax rates that coming around. And eventually you're going to lose citizens and the more citizens you lose, and Henry Davis spoke to this saying that we speak to broadening tax bases or whatever. If you lose citizens, that's losing a tax base and I don't think that other people would agree. Other people would agree with me, would feel the same way so. MR. URBANSKI: The public portion is now closed. Mr. Martin would you like to reply to the negative comments? REBUTTAL: MR. MARTIN: In regards to First Source Bank's concerns. Part of what I am is as a result of downtown South Bend. I grew up down here. When I was in high school I had apprenticeship at Alex's Shoe Hospital. What got me into art and what helped me with my art was going to the Griffin Book Store and reading their books,their fantasy books. I used to go to Makielski's when they were open to buy my art supplies. When I come down here I'm very aware of what downtown's image is. And the concerns of me bringing a bad clientele are pretty much have no base. I've already been tattooing for a number of year in South Bend. Most of my clients are police officers,professionals, doctors, fire department. Pretty much if anyone here on 25 Area Board of Zoning Appeals—December 5,2012 this Board if they were to go ask family members of me if they knew of half pint,my working name, they would know of somebody who's heard favorably of me or knows me directly or I've worked on them. I have people coming in from hundreds of miles around to get tattoos from me. I've over 30 national and international awards that I've won. I been featured in many magazines. South Bend is very important to me and the reason I want to located to South Bend wasn't just for foot.traffic or anything but I know, the downtown area is trying to build up their arts district. And what we're doing with the combination of the tattooing and the arts I think will be a great fit. As people leaving because of me or because of my industry, like I said I've already been licensed in South Bend for a number of years. Marvel Tattoo has never had, landlords have never had their property value lowered because of us being there. In fact the landlord leased our space next to us to O'Reilly Auto Parts which is a national auto chain. I'm pretty sure we're not going to chase anybody away. We are interested in being good neighbors and part of the community. On the art side we will continue to educate people by having participating in first Friday events. We bring in multiple artists, both tattoo artists and non-artists who will be doing living drawing events. We've been doing at the gallery currently and it's been a huge success. That's pretty much all I've got for you. MR. HAWLEY: Mr. Martin in reference to the lease, of the property,how long would your lease be extended for? MR. MARTIN: It would be three years. MR. HAWLEY: Three year lease? That would begin once this is approved? MR. MARTIN: Yes. MR. FEDDER: This is a Special Exception and lieu of a variance so this will be a recommendation for, against or no recommendation. MR. URBANSKI: To the South Bend Common Council. MR, PHIPPS: Isn't it a Special Exception and a variance? MR. FEDDER: Is there a variance? MR. LYONS: There's both a variance and a Special Exception. MRS. HENRY: From the number of controlled uses. MR. FEDDER: Oh,I'm sorry. MR. PHIPPS: Christa, is this something we should consider amending the zoning ordinance. It seems kind of...ifyou've got a Central Business District they're only two per 1000 feet... 26 Area Board of Zoning Appeals--December 5, 2012 MR. LYONS: Well the reason we're in this situation is because downtown there is an exempt area for controlled uses when it comes to taverns and bars. So every tavern and bar downtown is exempt and more continually if they can get liquor licenses locate downtown and not have to worry about other controlled uses. But because tattooing is a separate controlled use that is not specifically defined in the exempt area, he has all of the bars downtown to deal with when locating. MR. URBANSKI: So that's the 41? MR. LYONS: So that's where the 41 comes from. MS. NAYDER: And I believe if we changed it in this situation from the downtown there may be other parts of that ordinance that we may have to change as well. MR. MARTIN: Can I say something real fast. In regards to being around the other bars, we plan on opening from 11 to 7. We will be closing early so we will not be operating while the bar crowd is downtown. We will be more in line with current businesses like the coffee shops are operating at. MR. FEDDER: I amend my comments that this is a variance too. MS. NAYDER: Our comments for favorable is that it's located in the Central Business District. That's what the comprehensive plan says and the point of the Central Business District is to provide for economic development, mixed uses, etc., etc. We feel this fits in with the Central Business District downtown. A motion for approval of the variance was made by Mr. Phipps subject to the Special Exception being approved by the Common Council and seconded by Mr. Hawley. The motion carried unanimously. A motion to send the Special Exception to the Common Council with a Favorable Recommendation was made by Mr. Phipps and seconded by Mr. Hawley. The motion carried unanimously. After hearing the evidence on the petition,the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36-7-4-918.5;therefore, the petition for variance is granted subject to the Special Exception being approved by the Common Council and the petition for Special Exception is sent to the Common Council with a Favorable Recommendation. Based on the testimony presented,the Area Board of Zoning Appeals, after careful consideration, finds this variance granted subject to the Special Exception being approved and the Special Exception is sent to the Common Council with a Favorable Recommendation will issue written Finding of Facts. PETITION FOR VARIANCE GRANTED SUBJECT TO THE SPECIAL EXCEPTION BEING APPROVED BY THE COMMON COUNCIL PETITION FOR SPECIAL EXCEPTION IS SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION 27 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 127 W. WASHINGTON STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5,of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty{60} days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36- 7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 127 W. Washington Street, South Bend, Indiana. in order to permit a Special exception for tattooing and body piercing at the above address. SECTION IL Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. Member of the Common Council Filed in Clerk,$ office 007- 1 f 1 C'TY C Rk U6TM SEND,IN Y GABRIEL WINDT The petition of Gabriel Windt seeking a Special Exception to allow a tattoo and body piercing establishment in a "LB" district, on property located at 1107 Mishawaka Ave.,Portage Township. Zoned "LB". MR. GABRIEL WINDT: I reside at 1125 Blaine Ave., South Bend, Indiana, in the Near Northwest Neighborhood. I'm here today seeking a Special Exception use for the property on Mishawaka Ave, Right now it is currently in really bad condition and we want to completely rehabilitate it and turn it into a fine art gallery and tattoo studio. My business partner Dan Miller is also my friend and licensed contractor and owner of Kingdom Builders and he will be facilitating a lot of construction and overseeing the growth of the business. He's been in business for the past ten years and has been very successful. And our plans for the use of the tattoo studio,there's been a stigma attached to this industry for quite some time because of the past history in the dark days of what the tattoo industry used to be. I believe we've come out of those days and in society today tattooing is accepted as a fine art and it should be seen as a fine art and I just want to offer something good such as David Martin with his petition and bring some good to South Bend. We're also going to have a clothing line called Ink and Stitches that will be selling out of the store and we plan on holding art instructional work shops to the community and we have merchandise we would be selling. We have been working on holiday merchandise, such as Christmas ornaments. All kinds of good stuff. So hope for your favorable recommendation. MR. BULOT: I just want you to be aware that if this does pass favorably and you're allowed the Special Exception, in order to change this into your particular use it's considered a change of use and you would have to submit to the State for that change of use which requires plans and a submission for that change of use and you'd have to go through our office. ve to talk to you about that when and if that occurs. 35 Area Board of Zoning Appeals—December S, 2012 MR. WINDT: Absolutely. MR. HAWLEY: Do you own the building or is this going to be a lease? MR. WINDT: It'll be a lease. MR. HAWLEY: So you don't own the building? MR. WINDT: I do not own the facility. I spoke with the owner, Carl Brunson and he's interested in selling me the property if all of this goes through. So I'll become the property owner if I'm approved the Special Use. MR. PHIPPS: Could you tell us what you plan to do with the exterior of the building in particular the overhead doors. Is that going to be all enclosed? MR. WINDT: We've got plans for quite a bit. Overhead doors we want to frame in and make the exterior of the building look like a fine art gallery, retail space. Clean up the parking lot. There's fencing separating the alley way that's in bad condition right now. We want to replace the fencing, clean it all up, clean up the exterior of the building. There's a lot of steel panels that were peeling off the b U. g,_we'x _going. Q-strilZ, that right down to the block of the building underneath and re-paint the building. Take some of the dilapidated pieces are hanging from the exterior right now and clean it up and make it more modern. Clean, streamline so it says professionalism, high class art gallery. Something really nice welcoming, neighborhood friendly, we're not here to cause any waves with the neighbors. We'd like to become part of the community. I participate in the Arts Cafe,Art Beat. I've got a great support group behind me that are all cheering for us to be able to do this and we just want to do something good for community and show that tattooing industry is a fine art and we can be presented that way in a nice establishment. MR. URBANSKI: Are you a tattoo artist? MR. WINDT: Yes I am. I've been a tattoo artist for ten years and I've been licensed and working in St. Joseph County for the past 3 '/z years. I have my practitioners permit through the St. Joseph County Health Department. I'm in good standing with them,never had any issues. I follow all of OSHA's regulations for blood form packaging and communicable diseases and everything like that. MR. HAWLEY: I noticed there are two accesses to the property,two roadways. Would that remain the same? MR. WINDT: We'd like to put up some landscaping to kind of create a buffer between us and the neighborhood. But also with cleaning up the building it will add to the neighborhood. The neighborhood behind us is a beautiful neighborhood and this is kind of like an eyesore or it's something that stands out and I feel is something that kind of brings the neighborhood down. And the diversity on Mishawaka Avenue as far as the businesses I think this would add more to the diversity there and also bring more business to the 36 Area Board of Zoning Appeals—December 5, 2012 area but also closing off the drive thru access to the street behind us would also kind of keep us located on Mishawaka Avenue and keep the neighborhood separate and also add to some of the landscaping also. MR. PHIPPS: So you're willing to comply with the Plan Commissions recommendations that the access to Belmont be completely closed and landscaped? MR. WINDT: Absolutely. Yes. MR. PHIPPS: Did you say how long the lease was? MR. WINDT: It'll be for a year if we're approved for the Special Exception use. Then after the lease of the year is up I'll purchase the property if the business is going well. MR. PHIPPS: Seems like an awful lot of expense if you're only guarantee one years use of the building. Kind of hard to believe that you're going to put this much money into something if you don't have a better guarantee than that. MR. DANIEL MILLER: I live at 5210 Clover Trail in Granger, Indiana. As far as the money that's going to go into the building and the work that's going to take place,the place won't open until it's the way we want to present it. Whether it's approved at the next meeting by the Common Council or what not we plan on taking everything down...I'm surprised there are code violations as it is. But the place is dilapidated and it needs, it's in desperate need of a facelift and the way it's positioned by the exits and entrances from Eddy Street to Mishawaka Avenue it should be doing to represent the community. But as far as the work, it's going to be a different place before we even put an open sign on it. MR. FEDDER: I guess his question is is that if I was the landlord and I gave you a one year lease and you are so successful my contemplation is your next year rental is going to go up or the sale price would go up. MR. MILLER: We don't absolutely have to, the lease is optional. I paean we're dedicated to a year but if we decide to buy it sooner, we can do so. There's stipulation in it. We're hoping for it. But we don't want to bite off more than we can chew and commit to the property if it's not going to work or at this point if it's even going to be approved. MR. HAWLEY: Would you have an already agreed upon sales price? MR. MILLER: Yes we do. MR. FEDDER: That's contingent upon...? MR. MILLER: That's whenever I decide to buy it. MR. FEDDER: And that's contingent upon what the Common Council eventually decides? 37 Area Board of Zoning Appeals—December 5,2012 MR. MILLER: Of course. We would be there working on the place already if we knew this was going to go through. MR. FEDDER: You know we don't have final authority? MR. MILLER: No,we understand. MR. FEDDER: It going to go from here to the Common Council and they can overrule us or change it or whatever, MR. MILLER: Well he's an artist and even though I'm a tradesman and a carpenter, I see a diamond in the rough. MR. FEDDER: My point is,there is another hearing after this. MR. MILLER: Of course. But I'm optimistic. MR. FEDDER: Okay. MR. CRUMLISH: I have a question for Mark. What's the parking requirement for this property in a"LB" district? MR. LYONS: I believe it's five spaces. MR. CRUMLISH: That's what is drawn here? MR. LYONS: Yes. MR. PHIPPS: Can you tell what the landscaping is that...? MS.NAYDER: Type B landscaping is Evergreens. I believe it's two every twenty five feet. It's a staggered row. MR. PHIPPS: Are you talking about just along the alley or would those come all the way down along Belmont too? MS.NAYDER: Along where it abuts with the residential district. MR. PHIPPS: The building across Belmont actually a business... 38 Area Board of Zoning Appeals—December 5, 2012 MS. NAYDER: I believe you're right there is still a small business across Belmont. MR. MATTHYS: Maybe I missed it, have you stated your hours of operation? MR. WINDT: I believe our hours of operation that we've agreed on would be I 1 till 8 p.m. Eleven a. m. to eight p.m. Monday through Saturday. MR. LYONS: To answer your landscaping question, between this zoning and residential it requires Type B landscaping. That's essentially an Evergreen every 12 112 feet. Not a double staggered row,just a single row. MR. PHIPPS: It would be a single row then along Belmont across the street from (could not hear what was said on tape) and a more dense screening along the alley separating this building from the residential. MR. LYONS: If it were required by the Board, yes. MR. PHIPPS: That's your recommendation. MR. URBANSKI: I have, we just had in the last hour one on west Washington Street which is in a completely business neighborhood, businesses all along it, I still struggle with the fact with having the tattoo parlor part of it. I agree with the arts and the gift shop and the Christmas shop in that location but at the present time I would have to vote against doing the tattooing. Everything else that you said,the arts and the gift shop and everything else,just because going east, north east,the whole quarter is all residential. So I'm just telling you my opinion. Any questions or comments? MR. VELLEMAN: How did you come about the decision to put yourself in this area? MR. WINDT: Well, a friend of my partner Dan here located the property for us, we told him what we were looking for. We were looking for an empty building obviously that could have the potential to be everything that I'm looking to do with the tattoo studio,the clothing line,the art gallery and something that'Il be able to invite the community in and have events there. In the summertime we plan on having community barbeques in the parking lot inviting the community there to see what we do and also bring local artists in and supporting the local arts. Allowing them to have their work on exhibit and display their work and get traffic where they don't have to wait another year for the next Arts Cafe or Artbeat. Where they can have their work on display for a month or two at a time and with having my regular clientele, my tattooing clientele coming in to see this work I can promote that work for them and also for myself and other artists in the area. Not necessarily even the fine arts and painting and everything, there's excellent crafters in the area. Knitting, all sorts of stuff. So I wanted a facility that would accommodate everything that I'm looking to do under one roof. Kind of like a center for art. So this building has enough square footage. It's pretty much an empty box on a large lot. So it's everything I was looking for. It needs work, yeah, but we're willing to put in the time and the money to make it everything that it could be and really add to the area. 39 Area Board of Zoning Appeals—December S, 2012 MR. VELLEMAN: Does the River Park Business district does it go that far west? Does it... MR. WINDT: Yes, I just spoke with Dr. Pat Case on the River Park Business Association, he invited me to their meeting next week to be introduced to everyone in that Association and kind of meet and greet in a casual setting. MR. HAWLEY: Do you know if there's been any Code Enforcement problems there? A LOT OF PEOPLE FROM THE AUIDENCE SAID YES MR. MILLER: As a contractor, I'm sure there is. That's why I said there hasn't been or something's not been enforced or something's on going that we're going to have to resolve. Just by what I see. MR. BULOT: I know that years ago it was an auto repair garage,there was a lot of issues with stored vehicles on property. I know that Code Enforcement had issue with that situation. Currently I think it's been abandoned or at least somewhat cleaned up over the past several years and other than that... MR. MILLER: Cleaned up. MR. URBANSKI: With just having a parking lot up front, they won't have any problems with the environmentalists will they? Because I think that was a filling station at one time. MR. BULOT: I don't know that is something that they'd have to check into and verify. MR. MILLER: Absolutely. MR. URBANSKI: So then you would need, you're going to need a complete set of drawings of what it's going to look like before you go down State, is that correct? MR. LYONS: Yeah. MR. PHIPPS: Mark,what else could go in the Local Business? Could a gas station, a convenience store? MR. LYONS: Convenience store, a lot of retail uses, fast food,... MR. BULOT: Bed and breakfast, office professional,personal service, beauty shop, barber shop, community center, funeral home, mortuary, convalescent home, nursing home and then a listing of retail and then above and beyond that it gets into the Special Exceptions. 40 Area Board of Zoning Appeals—December S, 2012 IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE MR. MARK ROCKWELL: 1144 E. Bronson Street, South Bend, Indiana. I'm in extreme opposition to this right next door to residential area like this. I mean it's one thing to say you're trying to grow downtown, it's another thing to say you're trying to grow a house I'm trying to fix up for my future family. I have a huge problem to it and I will vote accordingly to council members to decide either to oppose or against this. I'm currently fixing up 1144 E. Bronson Street which had a number of code violations against it so I'm familiar with the code violations of this property because I looked into every code violation that was against properties in this area around the house I was buying with my fiance. And I'm familiar with the code violations that they have against their building. I'm familiar with the buildings degradation and the look of it. I am totally opposed being a tattoo place. Like I said I grew up in the area. I grew up down Twyckenham Street. I rode my bike through this neighborhood. My friends and I went to Jefferson Elementary School. It being so close to a school doing tattoos. It being so close to a residential neighborhood. I'm vehemently opposed and I just feel it is completely wrong. MR. REDDER: Sir, as I told the other people, you understand now all this Board is going to do is give a recommendation... MR. ROCKWELL: I understand that, I understand that but my... MR. FEDDER: You may be getting another notice to come to the Common Council meeting. MR. ROCKWELL: I totally understand, I know you guys are only doing a favorable or not... MR. URBANSKI: Okay, thank you sir. MR. JOSHUA VISSER: I LIVE 1122 Belmont Ave. Good afternoon ladies and gentlemen. My wife and 1, Rachel moved 1122 Belmont seven years ago before we had any children. We Iove the area. Now we have three children, 6, 3 and 1 and we still love the area. We've been there for seven years as I mentioned. Prior owners, since our house was constructed,there are only two prior owners. They all lived there an average of 26 years. In part because this neighborhood they love. They enjoy it, And I'm sure the people that will speak after me have lived there much longer than seven years, know much more about that then I do, And in our community we have a neighborhood association which is very helpful and puts people together. But even more than that we already have street parties and barbeques. We joke that the longest part of our walks in the evening are that first block because everybody we see we stop because they want to see the kids,they want to talk to us about how it's going. And we could go about and go along with those stories all day but we're here to focus in on the zoning and the issues there and if I may I have two phots... 41 Area Board of Zoning Appeals—December 5, 2012 MR. VISSER PASSED OUT PHOTOS TO THE BOARD AT THIS TIME MR. VISSER: The first one is just the image of the area and as you already noted it's next to residential unit on Belmont. The circle portion is where they're proposing to put the tattoo and body piercing parlor and then if you notice right to the west on Belmont I live two houses in and that's the area we're talking about. And there's one copy of a black and white photo, that shows the side lot of this property that we're talking about and if you'll notice the building on the side is a ministry revival center. And I know that for the Special Exception is you can't be within 500'of a religious use organization. I'm not sure what the revival centers operating hours are. I don't attend there but one thing I think that would have to be considered before we even move from square one. Also as the Board's already noted there's in fact two driveways on Belmont Ave. Out in front,that's where our children play as well as in the back. In fact the four adjacent next to this lot,the four houses next to it there are seven children in those houses and I mean as a father of young children it's a major concern for me. And there was also mentioned that this is a fine arts studio. I believe two units down on Mishawaka Ave., I believe it's called Mack's Blacks fine art studio, they have paintings. I'm not aware that any of the people here had an issue with that or that they needed any special zoning approval. I think we're all here because of the tattoo and the body piercing portion part of it. And on the Board's web site,directed to the Indiana Code Sections that the Board would wave in considering these types of Special Exceptions. And it said that those must be addressed in the petition for the variance. The petition that I received,the notice that I received didn't have any of that in it, it just had a, it says a Special Exception for a Body and Tattoo. And now I'm hearing more about closing driveways and not sure what all the plans are. But under Indiana Code 36-7-4-918.4 the first issue of consideration is to be the safety, morals, and general welfare of the community. First of all I want to raise the safety of the children during the hours of operation. We try to watch our children every second, but unfortunately that's not entirely possible and we just don't want to have to deal with this close to our homes. My lot is actually 45' from the lot where it's proposed going in. I'm not real good with those dimensions but that's about a first down and a half, that's how close we are to this building or this property. Also just the adult clientele going in there and the infectious waste. I understand there's regulations and standards but it's just one other thing we don't need in our community. As far as the morals and general welfare, I mean the residents of the area are here to speak on behalf of that. It's something that you didn't have to consider in the prior petition for the tattoo and body piercing, simply because either there weren't residents next door to that unit or the residents didn't care. And we definitely don't have the same situation here. AIso I'm here to talk about what type of buffer. I can't picture Evergreens on this lot right now. It's dilapidated to say the least but Evergreens 12' apart aren't going to do much of anything as a buffer in that area, And they're saying how dilapidated it is and how this would spruce up this community, we're the home owners,we live there. I moved there seven years ago and this unit, yeah doesn't look pretty but we knew that going in. And we wanted to find a home to raise our children in and now we've had the children,there's no way I'd move, if I had to do all over again if there was a tattoo and body piercing parlor, obviously I wouldn't have moved there. The second one in the Indiana Code was, how it would affect the use of the adjacent area or property values therein. I don't have any specialist report of an assessor or anything, but I can't imagine that our property values in the neighbor of residential units next to other tattoo parlors in the city, I'd like to see those because I can't imagine that they hold up. And also being the value of the property is being whatever a willing buyer is ready to pay at 42 Area Board of Zoning Appeals—December 5, 2012 the time. Seven years ago I was the willing buyer that was willing to pay more than anyone else for that piece of property and there is no way I'd re-do it if there was a tattoo,body piercing parlor there. The third prong was the need for the variance arises from a condition peculiar to the property involved. There's nothing, I mean it might be depilated, but there's nothing, I mean it's not like it's a land locked parcel and you need to get access to a road or there's something here that my goodness he can't do his body piercing anyway in the City of South Bend. We don't have that. It's not because it's a special consideration, in fact there have been many businesses in there since I've been there and we just heard several that could go in. And also in the ordinance in Sec. 22-09.03 there are other factor for Special Exceptions. One is the zoning of the surrounding areas. I don't want to sound like a broken record and you've already acknowledged it but that whole street is residential. Obviously a lot different than what this property is going to be used for. The driveway locations, I haven't totally thought through closing that off yet, but I don't think that fixes the problem and Evergreens certainly don't. There's children that walk through that lot to go to Jefferson School every morning. I know because when I'm driving through the alley they're walking down the alley and go slow and look out for them and everything and so either you're going to totally block it off so kids can't even go to school that way or kids are going to be walking through the body piercing and tattoo parlor's parking lot to and from school everyday. Sorry to be so long winded, also we you talk about the lease, if there was in fact, it's my understanding, I don't know from personal experience, but that there was a service station there at one time. I don't know if there is still underground storage tanks but you know it's been floated around at various times (could not understand what was being said)purchase that land. If there's still underground storage tanks in there, I'm guessing their purchase price is going to change. If you're taking on that kind of environment responsibility. So for them to stand up here and say that, you know in a year they got everything ironed out, I'm not confident that that's the case and also if they just have a one year lease how can you totally re-do an entire building, make it look great,fix everything up, make it all look perfect, and be under water, all that at the end of the year. So I guess in conclusion I just want to say that all these longtime residents and young families that live in the area we're just asking you not to allow body piercing and tattoo parlor to be put there and there's been the mention of the stigma, not sure how much of there that is because you just recommended a tattoo parlor somewhere else so to just stand on that, I mean, we're not just knocking down everyone, we're just saying we don't want you to put right in top of a neighborhood that's been there for almost a hundred years. So as a resident that's 15 yards away from this piece of property with three young children, I'm just respectfully asking your consideration to unfavorably recommend this to the Common Council. Thank you. MR. URBANSKI: Thank you sir. MR. RICHARD DETLEF: I live at 1129 Belmont,South Bend. Tattoo, body piercing, scarifying, and branding establishments are identified as subject to controlled use regulations. The property we're talking about is in a Local Business District. Local Business is defined as businesses necessary to meet the daily needs of nearby residential neighborhoods. For that reason tattoo parlor and body piercing business requires Special Exception. Those establishments are subject to the regulations that says, no tattoo, body piercing, scarifying and branding establishments shall be located within 500' of 1)any religious use or 2)any public or parochial school for children in any grades K thru 12. This business with my inexpert pacing off would be slightly more than 500' from a public school, from one church and it is adjacent to what is apparently another church, Revival Ministry. This property has a long and unhappy history. It was essentially made nonviable 43 Area Board of Zoning Appeals—December 5, 2012 by building the Sample viaduct. That limited access to the property and the brothers who had a gas station there in the `50's lost their business because ingress and egress were so limited. And since that time, since they lost their business it has had a succession of unhappy occupancies. I have the South Bend Police incident reports related to that property for the last two years and I have copies for all of you, you will see that these incidents are taking place roughly every other month. COPIES OF THE REPORTS WERE PASSED OUT TO THE BOARD MEMBERS AT THIS TIME MR. DETLEF: The Codes states that the function of a Local Business District should be to create a harmonious business relationship with the residents. We're not harmonious right now. We have collected in a couple of days to prepare for this meeting more than 100 signatures in opposition of the more than 100 people that we contacted. We had four refuse this. The Progressive Missionary Baptist Church, the entire congregation lined up to sign in opposition as did their pastor. Moreover the business owners on Mishawaka Ave. adjoining this property every single one signed the petition in opposition. That is within the 500' distance from the designated property. I have these petitions with me and they're broken down into business owners, church members and residents. THE PETITONS IN OPPOSITION TO THE SPECIAL USE WERE PASSED OUT TO THE BOARD AT THIS TIME MR. DETLEF: Thank you very much for your attention. MR. URBANSKI: Thank you sir. MS. KAY PARKER: I live at 1206 Belmont Ave. I think like any other person in the neighborhood when I first heard this I was really upset. Didn't want a tattoo parlor at the end of my street. I've lived there for 23 years and so I decided to try and look into a little bit more. I goggled his name and on his Facebook page that he was already toting the business at 1107 Mishawaka Ave. and he was going to be selling everything from shot glasses to shower curtains. Now that does not sound like a nice gift shop, art place to me. So that kind of upset me and did not change my mind. It made me more determined not to have this in our neighborhood. Thank you. MR. URBANSKI: Thank you ma'am. MR. TOM PARKER: 1206 Belmont Ave. Couple of quick points here for you guys. Don't see anybody here with any artist with art on canvas or anybody representing a clothing line here. I think what we're all dealing with is a tattoo,piercing artist. The property itself at 1107 Mishawaka Ave. is very unique. One of the unique things about this is that there is more frontage on the Belmont Ave. side than on the Mishawaka Ave. side. I understand their talking about a buffer, but guys, I'd want the curb cuts removed, a permanent structure or barrier there. A single row of shrubbery is not going to come close. Yeah the building's terrible and there is talk about tanks in the ground. I find the building itself totally inappropriate for this application. 44 Area Board of Zoning Appeals—December 5, 2012 And my last note, as my wife had mentioned, I asked the Board to show to relevance this business is being advertised at this address already. Thanks guys. MR. JOHN VONLACKUM: For the last l I years I have lived at 1116 E. Bronson Street. That is right on the alley between Jefferson a half a block away and this location a half a block the other way. And we have just seen morning and evening a lots of school kids walking through there on their way to school. And I'm wondering about their safety and how will this interfere with that or will it interfere with the save passage of kids in our neighborhood. That's it. MS. MARY WATERSON: I'm at 1139 E. Bronson. And my husband and I have lived there for over 40 years. In fact if he didn't have the flu he'd be here today. And we are totally against having a tattoo parlor in our neighborhood. I canvassed the neighbors on Bronson Street and the ones that happened to be home when I came, all signed the petition. I frankly believe that building, the filling station, that needs to be torn down. It's in bad shape and there, if you're coming from the north there's no access on Mishawaka Ave. You're going to have to go down Belmont or Bronson through the alley to get to the tattoo parlor. And as these other people have pointed out Jefferson School is right there. The children walk down these streets to get to school and there's the church there on the corner of Bronson and Belmont and so I just want to say that I am totally against having a tattoo, piercing and this is a residential area with lots of young children. MR. URBANSKI: Thank you ma'am. MS. JO ANNE DETLEF: I live at 1129 Belmont. My husband and I moved in there about 44 years ago, I think. We are the third owners of our house. As I've looked around at the houses around my house,which is at the end of the block close to the 1107 Mishawaka Ave. property, I can say that in this 85 year old neighborhood most of the houses have had about 3 owners. At most five. We're an established neighborhood. We're families that move in with small children or no children,raise our children there and our children come back with grandchildren. So my neighbors who aren't young like Josh and Rachel who are here with their three children today have their grandchildren visiting, And it's not just, not just the seven children very close,we have about 15 young children within the 600'radius that was notified. And no one has said anything either about the Newman Center which is directly across Mishawaka Ave. from this property. And the number of children there and children that go there alone. I called the Health Department because I'm very much concerned about health issues and body piercing and tattoo. And I had gone on the State Health Departments web site to see what the standards are, so I read those and was rather horrified when I saw that tattoo parlors are major source for spreading Hepatitis B primarily. There is a vaccine for that. But also Hepatitis C and HIV for which you all know there is no vaccine. I called the Health Department local County Health Department this morning to ask how often inspections occur. They said "once a year." Once a year, handling hazardous products. And then I said, "what kind of requirements are there to be a tattoo administrator, body piercer"? They told me they have to pass a test to show that they're Hepatitis free, HIV free, STD free and a couple of other things. And I said "how often do they have to have that test"? I said "is that required, does it have to be repeated once a year at least"? They said"no". Well I was astounded because we all know, if you listen to the news, you've heard national health officials saying probably a third of our boomer and younger generation are caring Hepatitis in some form unknown to them and they're urging all of them to be tested for it, Well once a year testing or testing inspection when virus 45 Area Board of Zoning Appeals—December 5, 2012 for Hepatitis or HIV can survive for days and weeks at a time and that on our State Board of Health's web site, that piece of information. Once a year inspection and maybe once in a lifetime testing, that's not enough. That is endangering everyone who come around there. As I said I was astounded read it. I've lived in this neighborhood for 44 years. I love it. I moved into it. We thought it would be a good place to raise our children. We started with two there and ended up with four there. We like it because we have a dead end street there. It's quiet. Our children can play. I have no doubt my neighbors with young children will either move away, which I think would be terrible because we have wonderful young professional and just young families who have moved in or their children will be at danger. So I urge you to reject this appeal. Thank you. MR. URBANSKI: Thank you ma'am. MR. ANDREW SHUAMBER: I live at 702 S. Eddy Street, South Bend. As to the potential establishment of a tattoo and body piercing parlor at the location of 1107 Mishawaka Ave., I do object. I have no issues as to the character or sincerity of the new potential owner of the property. What I do have issue with is the proposed site of the potential business. This sort of business should not be located so close to and amongst a residential area. As a matter of fact, the proposed site is only an alley's width away from the nearest residential property. Would you embrace such a business just feet away from your front door? You can fix up the property and give the business a very inviting name, but it still doesn't change the type of business that it is. In the general area there are other businesses such as Bambers Superette, The Builders Store,and the Farmers Market which are long established and add a positive spin as to what a traditional neighborhood business should be. A tattoo and body piercing business is not reflective of what the neighborhood is and what message it creates and conveys for the community in general. In conjunction with a tavern only about a block away on the Avenue from the proposed site, it would help create a sense of deterioration and decay not prosperity and value for the area. I cannot argue or deny that tattoos and body piercings can have artistic .merit,that they let an individual express themselves and that they are becoming more widely turned to. These are just facts of the matter. But there are practices concerning this industry that I do feel lack artistic merit and border on the lewd. Commonplace for tattoo and body piercing industry is the application of what are commonly referred to as tramp stamp tattoos, which are tattoo that some women get applied just above the buttocks region. Also commonplace is the piercing of tongues which is done as a way to further promote fellatio.And even though it is not typically revealed to the general public,the piercing of nipples and genitalia is also a practice of the industry. Adding to the downside of this are other negatives that tend to follow this industry such as an intermingling of criminal and or seedy characters and the potential devaluation of properties. Wouldn't this be a potential nightmare for a realtor trying to sell and adjacent property. You can call this negative stereotyping if you will, but stereotypes unfortunately do exist because there is a tendency for them to be reinforced. Do you still want a tattoo and body piercing parlor in your neighborhood? Now just visualize if you will, children crossing this property to and fro to attend Jefferson Grade School, which they currently do and have done for years, oh, and this grade school is just down the alley in plain sight. Or someone taking their dog for an evening stroll. Or even someone walking to the market or grocery store. And what do these activities have in common? It's the potential passing of a business that will probably offer and promote services that do not embrace the positives of a residential area. In recent year,the City of South Bend has been trying to clean up its image by trying to eliminate strip clubs. 46 Area Board of Zoning Appeals—December 5, 2012 Why? Because they felt that this was negative for the community and onlookers in general. Yes, tattooing and body piercing is a totally different business, but it still unfortunately conveys negative aspects. Like the strip club industry, the tattoo and body piercing industry also uses art as a descriptive as to what is being rendered. Even though this is true to a certain degree, both industries also embrace and reinforce the erotic. As I stated before, I do not have qualms with the new potential owner, only a qualm with the choice of his potential business location.Nestling his business on the edge of a residential area is not a positive or reciprocal fit. I would strongly urge and encourage him to seek out a new area that would be better suited for his future establishment. Such as a highly commercial non-residential area or maybe even a strip mall type of setting. Thank you. MR. URBANSKI: Thank you sir. MS. BARBARA LEE: I own a rental property located at 706 S. Eddy Street. Actually it's right next door to Andrew's residence,who just spoke. It's an executive rental that I have there and I've owned it for I think about 18 years. The reason I wanted to address this group today is, in the 50's I believe, or the 60's, before I had lived in this area, Eddy Street where my executive rental is located had a street. And right now there are some 12 or so houses there that do not have a front street. We have a ramp for a street and so the alley is the only way to access these homes. For us to access the neighborhood to get to our homes there or properties, very often people will actually come to that alley way by way of Mishawaka Ave. and quite frankly right through their parking lot which in my opinion that building should have been torn down a long time ago. We have no parking, none whatsoever for anybody that comes to visit any of these homes on this ramp so that parking lot often times get used for company to park. We have no where to park, no where. These are nice homes. They are not small homes that would address small families with one or two cars. They might have more than one or two cars. And then their guests, their friends, or whoever may come by,there's no where to park. No where. So I would like to propose that that building just be torn down and looked at as a parking area for the residents in that area which it what it has been. Thank you. MR. URBANSKI: Thank you very much. Anyone else wishing to speak in opposition to? MS. JULIE IGAZ: I live at 1114 Belmont. Pretty much everything has been said against this so far. I just want to state that I'm the property that's 58' next to 1107 Mishawaka Ave. and I'm very much against having a piercing and tattoo parlor there. Thank you. MR. URBANSKI: Thank you ma'am. I do have two letters basically speaking very much about being against it. One is from Brian Hardin and the other one is Jim Brenay and both of them speak very negative about and do not want it. Gentlemen would you like to come up and respond to the comments that have been made for the last 45 minutes? REBUTTAL: MR. WINDT: I understand everyone's concerns. I'm a father also. I have a 3 year old son. We live in a neighborhood right now,the Near Northwest Neighborhood,that is seen darker times in it's history with criminal activity and I understand the concern of having something in your neighborhood that you're 47 Area Board of Zoning Appeals—December 5, 2012 concerned with the health and well being of your residents and your children. I'm not a menace to society. I'm looking to better my future by starting this business. I'd like to add to the community. I don't want to add more destruction to it. I'm not here to run down your neighborhood or anything. I believe what I'm trying to do will be beneficial and will add some character to the area. And be on the cutting edge and propel things in the future in a positive way. I've always remained a professional. I'm well respected in my field. I bring a good crowd with me. I also as David Martin earlier, a lot of my clientele are respected professionals, doctors, some lawyers. I've been hired by the University of Notre Dame for my art work as well as some other respected places around town for my art work. (did not understand first name)tavern,Notre Dame, Muscle Fitness and More, which is a respected fitness and vitamin store in the area. I understand the concern with the tattoo industry coming into your back door and the stigma that's attached to it. I'm trying to take this industry as far as the tattooing side of things out of that negative aspect that people see it as when they see the word tattoo. I'm not about that. I'm a professional. I'm a family man. My wife and I are gardeners. We care about our community also. We care about our neighborhood and we care about the economic growth of business in South Bend area. And we think Mishawaka Ave. with all the different small business there entrepreneurship, why don't we deserve a chance too. Why don't we deserve a chance to make a difference and bring some positivity and diversity and economic growth to the area? I think I have just as much of a right and a chance to do good in the community as anyone else does and I just want to be able to do my part and thank you very much for your time. MR. VELLEMAN: I have one additional question for you? Is this the only property that you've looked at and ...? MR. WINDT: I looked at a couple of other ones even after we found this property. This property, the reason I like it so much is because it's kind of like a central hub for traffic. Mishawaka Ave. is highly trafficked. It's not far from the downtown area. It's not far from the university. It's not far from my home also. I want to be able to work at things with the community. Art Beat, I do that every year, downtown South Bend. The Arts Cafe, which is part of my neighborhood association, the Near Northwest Neighborhood. I started doing that this year. And I want to be in a location where I'm close to everything which is also part of a business area. I don't want to be a business smack dab in the middle of a neighborhood, there's plenty of other businesses there. But I have the word tattoo attached to my business name along with everything else I bring to the table. I'm a wholesome family guy oriented guy also. Yet in the petition letter it states that I'm seeking a Special Exception use for tattoo and body piercing. Yeah that's what I'm here for today. If I was just a local business that didn't require the Special Exception use for tattooing then I'd be opening a small business either coffee shop or something where I didn't have to be in front of the Board today. Because of the Special Exception Use, that's why I'm here. And to answer the question about the Facebook page, I wanted to create a page to promote my small business that I'm trying to create. Unfortunately it's either a residential address or the business address. Well I noted on the Facebook page that this is the business address that I'm trying to seek zoning for and I have a support group behind me and a lot of followers on the Facebook page that knew about the meeting and everything today. We have been promoting that. We have a lot of support behind us. Like I said earlier I spoke with the Dr. Pat Case of the president of the River Park Business Association. He invited me to his meeting next week. So I'm looking forward to being a part of this community and adding positively to it. And I Dope over time if I am approved for the zoning that the residents will see that and see the type of character I have. And that I'm not 48 Area Board of Zoning Appeals—December 5, 2012 trying to run down the neighborhood but promote it more and take this dilapidated building that's sitting on the edge of their neighborhood and bring something great to it and something they can be proud of also. So 1 have looked at other properties. I feel this one for what I'm trying to do,with everything I'm trying to do, offers the space, offers the location, and will facilitate everything I have planned for it for the future. MR. URBANSKI: I have a question. You said that being able to be on Mishawaka Avenue and easy access, somebody had said earlier if you're coming east, I guess it would be southeast on Mishawaka Avenue, isn't there in the center of the road concrete or...? MR. WINDT: Yes, yes. You have to do a turnaround down the block or you have to come from one direction or another. In the future I was planning on looking into the possibility of having, not necessarily that taken away but even just an opening cut where you turn into the building right there but also still keep the partition in place. MR. HAWLEY: Gabriel, forgive me, maybe this flew over my head, what do you right now, where do you work? MR. WINDT: Currently I'm working in construction. I was working at a tattoo studio formally known as Point Blank Tattoo &Body Piercing which was very respected in the area. And then became Stillhouse Tattoo &Body Piercing. I had personal differences with the owners there. Just a conflict of interest so I chose to leave and seek out my own endeavors. That's why I'm here before you today because I'd like to start my own tattoo studio and also grow beyond just the idea of a tattoo studio or tattoo parlor. I want to be snore. I want to showcase all of my talents in art. I've been a graphic designer for half my life, for 15 years. I've owned my own computer business when I was 19 years old in Bay City, Michigan, called Tri City PC Solutions. I got into tattooing because it was a chance for me to make a living doing what I love to do every day. I love to draw. I love to create art and people and my experiences with people and having those personal relationships with my clients and in the community meeting the different person every day and discovering how you can touch their life with artwork that you do for them. I do portraits for people that have lost loved ones. That gives them closure to the fact that they've lost their loved one. Their pets, breast cancer awareness,the list goes on of the emotional impact I have on peoples lives. And I think that's overlooked and forgotten about because the negative stigma that's attached to tattooing. But what about the positivity that it brings to peoples lives. What about the impact that we have to snake people feel good about themselves or give them closure or anything that touches their life in a positive way. MR. BULOT: There was reference made earlier about the 500 foot separation from any religious use or any public or parochial school between grades K thru 12. In looking at one of these photographs of the site,to the east along Mishawaka Blvd., there appears to be on the building it says Revival Ministry Center. Is that a former sign or is it currently being used? MR. WINDT: I think it's a former sign because when I went to the Building Department with my paperwork I asked them about the building itself. They told me to look into it as deep as I could, and I tried to, the facility is never open and I pecked into the windows and there's just stuff piled up in there. It doesn't look like it's in use. So I felt comfortable with the idea. I felt comfortable with the idea that perhaps it's just 49 Area Board of Zoning Appeals—December 5, 2012 being used as storage and it previously was used as a revival ministry or what not. There's also a rundown sign on the front of that building also that appears, it has a phone number and it previously said "for lease" but the sign is so faded and damaged now I can't really tell what it says. And so I took all my paperwork to the Building Department and expressed my concern that there might be a religious facility next to it,would I need to apply for a variance or anything of that nature? I looked into it as much as I possibly could to go about everything in a proper manner. MR. BULOT: That's something that would have to be verified and that's on you to verify that, MR. WINDT: Okay, absolutely. MR. URBANSKI: Questions, comments or is there a motion? Again,that to send it with a favorable recommendation, with no recommendation or with a negative recommendation. MR. HAWLEY: I would like to a motion that we send this to the City of South Bend Common Council with a unfavorable recommendation. MR. URBANSKI: Do we have a second? MR. PHIPPS. I'll second that with a comment. Being that this is already zoned Local Business I see that a good business in a nice building particularly if it was separated from Belmont Street as the staff has suggested, would be a positive thing for the neighborhood. The question of safety has been raised and I can understand the neighbors concerns with that but if you ask whether the people who be patronizing this establishment would be anymore dangerous than a convenient store I would have to say probably not and there would probably be a lot fewer of them. So I don't know that I could vote against on the safety issue, but the thing that does bother is that the condition the building appears to be in seems to me will take an awful of money to get it to a condition that I think it wouldn't be a positive influence on the neighborhood and that a nice business would be. And I just don't, from what I've heard of the arrangement, I just can't completely agree with that that would be what happened that this would be developed as it's proposed here. So I would second the motion. MR. URBANKSI: We have a motion and a second on the floor to send it to the City of South Bend Common Council with a unfavorable recommendation. Please call for the vote, MRS. HENRY: The motion was made by Mr. Hawley and seconded by Mr. Phipps. Mr. Velleman? MR. VELLEMAN: This is a tough one. Perception is reality and the perception of all the adjacent homeowners is that this tattoo parlor is going to be a very big detriment to their area which is logically based off history. You can't base a new person's potential off of what the historic of the certain building was. However, since that is their perception and their perception is their reality and part of our aid is not to do injury to anyone around there, I would say yes to this. Just because for that fact. While I don't think with what I've heard what these gentlemen say about their plans, and Jerry I see what you're saying but that's 50 Area Board of Zoning.Appeals—December 5,2012 their money to spend. I mean if they want to put$100,000 in building to look pretty and fail in a year,that's their prerogative. MR. PHIPPS: I guess my point is they haven't really promised us anything hard, or any building plans... I think it's going to be more of a gradual improvement and ... MR. VELLEMAN: And that may be the case but anything is better than what's there. I heard a lot,well a few of the home owners said"tear the building down.." Well they don't own the building. They're leasing it. They're wanting to improve it. You need to get to the owner then and say"tear this down" and then find somebody to buy it from him and then do something and that would be a great idea but they're not the owners so they can't control that, so, but I will agree just because of what the local area neighborhood is asking for. That's the reason I voted that way. MRS. HENRY: Mr. Matthys? MR. MATTHYS: Yes. I'll go along. MRS. HENRY: Mr. Crumlish: MR. CRUMLISH: Yes. MRS. HERNY: Mr. Young? MR. YOUNG: Yes. MRS. HENRY: Mr. Phipps? MR, PHIPPS: Yes. MRS. HENRY: Mr. Hawley? MR. HAWLEY, I'd like to say also that I admit Gabriel for what he wants to do and I wish him the best. I just feel in my heart this is the wrong location. And I respect and by the way I want to thank the neighbors for taking the time to be here today even though you're last on the agenda but I thank you for that and my vote is yes. MRS. HENRY: Mr. Urbanski? MR. URBANSKI: I would like to repeat without going through it what Mr. Hawley said. I feel the same way and I feel the same way very much about those that came out from the neighborhood to express their feeling about it, yes. This will be forwarded on the City of South Bend Common Council with a Unfavorable Recommendation. Thank you. 51 3 Area Board of Zoning Appeals—December 5, 2012 A motion to send the petition for Special Exception to the Common Council with an Unfavorable Recommendation was made by Mr. Hawley and seconded by Mr. Phipps. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did not satisfy the Standards as set forth in I.C. 36-7-4-918.5;therefore, the petition was sent to the Common Council with an Unfavorable Recommendation. Based on the testimony presented,the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception is sent to the Common Council with an Unfavorable Recommendation and will issue written Finding of Facts. PETITION SENT TO THE COMMON COUNCIL WITH AN UNFAVORABLE RECOMMENDATION RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1107 MISHAWAKA AVE. SOUTH BEND, INDIANA 46615 WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty(60)days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation,pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1107 Mishawaka Ave. South Bend, Indiana 46615 in order to permit a special exception use for tattoo &body piercing. SECTION II. Following a presentation by the Petitioner, and after proper public hearing,the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana,hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council, Member of the Common Council ' Filed In ClOWS Off'- _.. a 0#TY CLEFIK,SUVEM SEND,Itt G Areq Board of Zoning Appeals—December 5, 2012 SOUTH BEND HERITAGE The petition of South Bend Heritage seeking a Special Exception to allow a single family home in a"MFV district, on property located at 819 Oak Street, Portage Township. Zoned"MIFF'. MS. ANN MANNIX: I live at 724 W. Washington Street, South Bend. This is a petition,there is a house 819 Oak Street. It's been vacant since 2000. It's currently zoned"MF I". I've applied for funding along with South Bend Heritage to tear the house and build a new single family home on the site. And we need a Special Exception use because the district it's in is "MF1". MR. URBANSKI: Thank you. Area Plan? MS.NAYDER: I was just going to point out that Lincoln Park plan was actually just approved by the Council and the Area Plan Commission in the past couple of months so that may not be something you're familiar with as a Board and they're working on that area and this site specifically mentioned as being single family. They're kind of trying to make single family housing more prevalent in that area and this also was the, it was listed as poor condition when they did site survey of the houses in the area. MR. PHIPPS: Christa, is a lot of that area zoned multi family? MS.NAYDER: It is. There's an odd strip that kind of comes down from Lincolnway that is multi family. It doesn't look like from site visits that, I mean a lot of it is vacant and it doesn't appear that there's large multi family_structures, there may be some duplexes or something out there but a lot of them also look like they're single family homes. I think this was a single family home prior to it being vacant. MS. MANNIX: Probably, I don't know. One person wanted to do a duplex. MR. URBANSKI: Is this going to be a rental property or are you going to sell it? MS. MANNIX: It's a rental property. IN FAVOR MR. CHRIS DRESSELL: City of South Bend Department of Community Investment,with offices on the 14th floor of this building. I just wanted to be here and support this petition as it as staff noted consistent with the Lincoln Park neighborhood revitalization plan and plan among many other things does support opportunities for increase housing opportunities and improvement to the neighborhood in general. Thank you. REMONSTRANCE There was no one present to speak in remonstrance of this petition. 28 Arej�Boafa of Zoning Appeals—December 5,2012 A motion for to send this petition to the Common Council with a Favorable Recommendation was made by Mr. Velleman and seconded by Hawley. The motion carried unanimously with Mr. Crumlish abstaining. After hearing the evidence on the petition,the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36-7-4-918.5;therefore,the petition sent to the Common Council with a Favorable Recommendation. Based on the testimony presented,the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 819 OAK ST. WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for"approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 819 OAK ST. in order to permit SINGLE FAMILY HOME IN A "MF1" DISTRICT SECTION IZ. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1, The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk, SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council Filed In lerk'a OffiN. Z 1Z ....Ja v .o"SUE CITY CLLR OU�A SEND,� ANDREW ELEGANTE aA The petition of Andrew Elegante seeking a Special Exception to allow the manufacturing of food products in a"CBD"district, on property located at 216 S. Michigan Street, Portage Township. Zoned "CBD". MR. ANDREW ELEGANTE: I'm the general manager of the State Theatre at 214 '/2 S. Michigan. I'm here today before you to request the Special Exemption for food production in order to open a brew pub in the southern store front attached to the state Theatre. It's part of our plan to revitalize the State Theatre as part of building a healthier downtown. We see it as a community oriented type of business and we hope that you will approve our request. 33 Area Board of Zoning Appeals—December 5,2012 MR. FEDDER: Do I understand that of the entire State facility you're only going to take a portion of it? MR. ELEGANTE: That's correct. I've applied for the exemption to apply to all of the addresses associated with the theatre in order to provide us with some flexibility in the future but at this time we would just be opening the brew pub in the south store front at 216 &218 S. Michigan. MR. VELLEMAN: Would this be one of those businesses that First Source Bank wouldn't want around a tattoo parlor possibly? She said that there would be other businesses that may come in that would not be the greatest for downtown. Would this be one that she would be referring to? MR. URBANSKI: If we looked at 41... MR. VELLEMAN: If there are 41 other controlled uses downtown,we have a problem with the other one. Never mind I'm just making a political statement, I'm sorry. I apologize if I offended anybody. MR. FEDDER: The other question I have, is you make reference to the Four Horsemen. That's not going to close is it? MR. ELEGANTE: No sir. The Four Horsemen a competitor and collaborator with us. MR. FEDDER: I know Drewerys closed but I assumed the Four Horsemen is going to... MS. NAYDER: Are you just making the beer there or is also available for like purchase and can you drink it there and can you just purchase it and take it home. MR. ELEGANTE: A brew pub that we're proposing, we would brew on site, we distribute on site. Indiana State laws is fairly favorable to what's known as a micro brew which is where we cover under 10,000 barrels of alcohol of beer per year and we can self distribute. So potentially could come in and get a growler to go. So it would take a 65 ounce container to go with them. You could come in and enjoy a beer there. And then our hope is that we can also sell our beer to a venue attached to the State Theatre once we get that going. IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE There was no one present to speak in remonstrance of this petition. A motion for approval was made by Mr. Velleman and seconded by Mr. Hawley. The motion carried unanimously. 34 Area Board of Zoning Appeals—December 5,2012 r After hearing the evidence on the petition,the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36-7-4-918.5;therefore,the petition for Special Exception was sent to the Common Council with a Favorable Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals,after careful consideration, finds this Special Exception is sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION IS SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 212, 214, 214 % and 216 S. MICHIGAN STREET WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS,the Area Board of Zoning Appeals has made a recommendation,pursuant to applicable state law. NOW, THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 212, 214, 214 '/2 and 216 S. Michigan St. in order to permit a special exception use to manufacture Food Products in a "CBD" District. SECTION II. Following a presentation by the Petitioner, and after proper public hearing,the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is. located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTI®N V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. Member of the Common Council CITY CLERK,S u r K BE,MD,I if r DIOCESE OF FORT WAYNE-SOUTH BEND �.._.�.. The petition of the Diocese of Ft. Wayne-South Bend seeking the following: PARCEL A. from the maximum allowable 32 square feet to 90 square feet and from the maximum allowable 4' height to T for each of two proposed monument signs;PARCEL B: seeking a Special Exception to allow an accessory use of off site parking and for the temporary location of a mobile storage trailer for a period of two years and for the following variances: from the required 20'front yard setback to 0' along Madison Street, 0'along St. Louis Blvd., and to 0'along Hill Street; from the required parking screening to no additional screening along Madison Street, St. Louis Blvd., &Hill Street; from the required perimeter landscaping to no additional landscaping; from the required 24'wide aisle way to 22'; from providing 16 interior parking islands to no interior parking islands; and from the required 5' side yard setback to P for a storage trailer, on property located at 325, 327& 333 St. Louis Blvd., 336 Hill St., 618 Madison St., and 453 Notre Dame Ave., Portage Township. Zoned "MU" &"SF2" MR. MIKE DANCH: Danch, Harper&Associates, 1643 Commerce Drive, South Bend representing the Diocese of Fort Wayne-South Bend. First what we need, St. Joe High School would like to put up two signs at the corner of St. Louis and LaSalle and another sign at Notre Dame Ave. and LaSalle. What I've shown you on the site plan is the monument signs they would like to use. I've discussed this with the Area Plan Commission and the Building Department. What we're asking for is a variance for the sizes of the sign. With the site that they have they could have four monument signs. We're actually asking to have only two signs. The signs are limited to the height that you see there, Thigh. The reason for the Thigh is to allow them to do some landscaping at the base of both of those signs. The way the ordinance reads unfortunately is that that base brick is also considered the sign area which obviously it's not. That's why we showed what the sign looks like for the display area, the copy area for the sign. Hopefully you would grant those two. We're actually for a reduction on what they could have, from 128 square feet down to 102 square feet for the two monument signs. That's on Parcel A where the main campus. The Parcel B which is where are the variances are and the Special Exception. That's the parking lot that we brought before you previously when 29 A'ea Board of Zoning Appeals—December S, 2412 they were doing this. The reason we didn't have to ask for all those variances is they did not do any changes at the time we were doing the construction. There was house that sat on the property on Madison Street. When we had gone through this original petition with them those people had decided not to sell to the school at that point in time. Since that point when the construction started they changed their mind, they sold to the Diocese of Fort Wayne-South Bend. The contractor went out there, because they were out there doing stripping and putting the top coat on the parking lot that was there he knocked the house down and he actually built parking lot where that house was. Unfortunately no one understood that we didn't receive Special Exception approval for that parcel of ground. So now I'm back before you to ask for a Special Exception for that parking area. What also happens because of that, we talked with Chuck at the Building Department, all the typical variances start kicking in for landscaping. So even though that parking lot exists for the St. Joe hospital, it was right out to the property lines. I know have to come back and request variances for setbacks for parking and for screening. There was one portion in the Area Plan Commission staff that they had asked us to do was try and put some perimeter trees around the site. And we will tell the Board we will work with that. Looking at the site plan for that Parcel B I could probably come up with about 7 or 8 trees, perimeter trees that we could put around that site. There is an existing overhead line, a utility line that runs along the south side of Madison Street and the west side of St. Louis but I can probably fit some trees on the parkway area. So I'll work with the Parks Department to put those trees in there. The other Special Exception is for the trailer. If you've been out to that particular site,they have a trailer put on the parking lot. At the old school they actually had two storage trailers so they thought they could just take one of those storage trailers and bring them to this particular site. What it is it's athletic equipment for the football field. They did not know that you had to have a variance or Special Exception in order to put that trailer on the site. So when I went out and looked at the site I saw that also and discussed it with the Building Department and Area Plan. So what we would ask to do is ask for a Special Exception for that trailer as well. They'd like to keep it there for a two year period of time, I believe that's what the ordinance would allow them to do. And at that point in time if the decide to do another accessory building to store the equipment then we'd be back before you or ask for another extension of time for the trailer. If you have any questions for me I'd be glad to answer them. MR. URBANSKI: Just to clarify something. We originally had approved on Notre Dame Ave. and LaSalIe, we had approved the sign to be moved from the old high school. Due to the fact that was a message board sign and that was at a traffic light where it could be read,they did not want to put that sign on the corner because people driving down LaSalle would be looking at what it says on the sign instead of looking ahead, being distracted. So that was, "a change" for a reason. MR. DANCH: That was I think doing the two monument signs, simple monument signs works out a lot better. MR. URBANSKI: And monument signs, and I'm looking at this, match the pillars for the fencing that's being put up around it. It's probably all going to be tied together. MR. DANCH: That's it. If you saw the architectural fencing that was going in with the brick columns, it does match everything. 30 Area Board of Zoning Appeals—December 5, 2012 MS. NAYDER: Can I ask a question about the landscaping. You said like they may be in the parkway so does that mean you will be working with the Board of Public Works locating them if they're technically on the site? MR. DANCH: And I work with the forester all the time,the City forester. And over on Hill Street there's a set of trees that are to the south of us and also to the north where the St. Joe High School has their other parking lot and there are no utilities at that location so I can put trees at those locations and on St. Louis in the parking lot area, we'll just rip up some of the cross hatched areas where they have some asphalt and we'l l put some trees there as well. MR. URBANSKI: I'd like to compliment you and St. Joe High School, design committee, I guess is the word I want to say, and who put this all together because I think it's fantastic looking and it's a great addition to our city. MR. DANCH: It's amazing the campus they have. MR. URBANSKI: And the other thing is in knowing some of the people involved is that area south of the parking lot their goal eventually is to acquire to encompass everything all the way to the intersection of Hill and LaSalle. MR. DANCH: That was my understanding also. I think they were working with some of the property owners down there. MR. PHIPPS: You say that you were going to be putting some interior trees into the parking lot? MR. DANCH: Because Jerry, on the west side of St. Louis usually we'll put perimeter trees in that parkway area, there is two street lights with overhead wires. So AEP doesn't let me do that. So what I'll do is I'll move those perimeter trees into the parking lot area. You can see right at the southeast corner of the parking lot and right on the north side of the entrance drive that is on St. Louis and then up at the corner of Madison and St. Louis I can put trees there. MR. PHIPPS: Did we in earlier variances give a variance on interior trees in that parking lot to the ...? MR. DANCH: We did. And we allowed that to happen. Actually what happens is when count the trees here on the rest of the campus we had asked for variance from spacing to 80' for the trees. With the number that I'd be adding here, with 8 trees, we would be technically at a spacing of like 85'. So we're pretty close to what was done with the rest of the campus. MR. PHIPPS: It doesn't look like you've got much room along Hill Street with any trees... 31 Area Board of Zoning Appeals—December 5, 2012 MR. DANCH: There's a grass area off of the curb line between the sidewalk and the street that I went out and looked out and there are trees farther to the south of us that are mature trees and I didn't see any utilities marked at that location so I'll work with the City forester on that. MR. PHIPPS: If you're not able to put any along Hill, it seems like you should have a couple of trees at the end of that interior behind that line of parking spaces, something along that side... MR. DANCH: And that's what I can work with the staff,Area Plan and Building Department. And that's what I had told Christa ahead of time. If the Board approves the number of trees to 8 that I've got to put and then what we can do is we'll find a place for those. MR. PHIPPS: Okay IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE There was no one present to speak in remonstrance of this petition. A motion for approval of the variances subject to eight trees being added was made by Mr. Matthys and seconded by Mr. Hawley. The motion carried unanimously. A motion to send the Special Exception for the trailer and parking lot to the Common Council with a Favorable Recommendation was made by Mr. Matthys and seconded by Mr. Hawley. MR. BULOT: We have to handle all the Special Exceptions under one umbrella, we can't have two separate Special Exceptions. MR. FEDDER: Whatever was contemplated by the petitioner. MR. VELLEMAN: Really. We can't separate those? I don't see why you build a high school,that big ole building and you don't have room to stick that little storage trailer stuff inside that building someplace. I have a problem with that storage trailer, I'm sorry and I don't know about anybody else but. Two months ago we allowed those people down south, no on the north side their mobile for the 12fh year now, I think. Who's to say that in ten years they're not going to come back and want to do this again? MR. LYONS: You could make one motion with the recommending favorable and denying part of it just like you do with variances. MR. FEDDER: Except with this project and understanding with what Mikes says, I doubt if that trailer is going to be there long. I expect that they're going to be adding a new... 32 V-6 Board of Zoning Appeals—December 5, 2012 MR. VELLEMAN: Then they're going to want to be putting a building out there. MR. FEDDER: I think they'll be putting a permanent structure there for the equipment. MR. VELLEMAN: What if I have a problem with that? MR. FEDDER: Then you vote against it at that time. MR. VELLEMAN: I understand. MRS. HENRY: A motion was made to send the petition for Special Exceptions to the Common Council with a Favorable Recommendation and seconded by Mr. Hawley. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36-7-4-918.5; therefore,the petition was for Special Exception was sent to the Common Council with a Favorable Recommendation and the petition for variance granted subject to an additional eight trees. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this variance granted will issue written Finding of Facts. PEITION FOR SPECIAL EXCEPTIONS SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION PETITION FOR VAR AINCES GRANTED SUBJECT TO AN AUDITION OF EIGHT TREES RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTIES LOCATED AT 323 ST. LOUIS STREET, 325 ST. LOUIS STREET, 327 ST. LOUIS STREET, 618 MADISON STREET AND 336 HILL STREET, ALL IN SOUTH BEND, INDIANA AND REPEALING RESOLUTION 4104-11 WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Area Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Area Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exceptions be granted for the properties located at: (323 ST. LOUIS STREET, 325 ST. LOUIS STREET,327 ST.LOUIS STREET, 618 MADISON STREET AND 336 HILL STREET, ALL IN SOUTH BEND, INDIANA) in order to permit: The Approval of a Special Exception to allow for off-site parking lot for properties located at 323 St. Louis Street, 325 St. Louis Street, 327 St. Louis Street, 618 Madison Street and 336 Hill Street all in South Bend, Indiana per Section 21-03.02 (2)(D) of the City of South Bend Zoning Ordinance to allow for an Accessory Use (Off-site Parking) and approval of a Special Exception to allow for an Accessory Use under Section 21-02.11 (b)(2)(B)(3) of the City of South Bend Zoning Ordinance to allow for a Storage Trailer for a Two (2) Year period of time. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: i. The proposed uses will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed uses will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed uses will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21- 09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals, which are on file in the office of the City Clerk. SECTION V. Upon the adoption of this Resolution, Resolution No. 4104-11, adopted by the Common Council on May 23, 2011 shall be repealed. SECTION VI. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor, Member of the Common Council Filed in de' r"'Wa Off ice, I =' , 0 l CITY CLERK,30urm BEND, N T 00 - � r RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5231 DYLAN DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL, PROPERTY TAX ABATEMENT FOR ANIERIPLEX SUPERIOR PARTNERS, L.P. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area located at 5231 Dylan Drive and which is more particularly described as follows: 025-1009-014605 A part of the northwest quarter of section 17 and the northeast quarter of section 18,township 38 north, range 2 east, German Township, City of South Bend, St.Joseph County, Indiana, more particularly described as follows: Commencing at the northwest corner of the northwest quarter of section 17,said corner being marked by a harrison type monument;thence south 00 degrees 12 minutes 46 seconds east, a distance of 910.31 feet to the point of beginning; thence north 89 degrees 44 minutes 25 seconds east, a distance of 385.46 feet to the west right-of-way line of Dylan Drive as recorded under instrument number 0647966 in the office of recorder of said county;thence south 00 degrees 15 minutes 35 seconds east along said west right-of-way line, a distance of 919.19 feet to the north line of Portage Prairie minor#2 as recorded under instrument number 0814357;thence south 89 degrees 44 minutes 25 seconds west along said north line, a distance of 386.22 feet to the east line of the northeast quarter of said section 18;thence continuing south 89 degrees 44 minutes 25 seconds west along said north line of Portage Prairie minor #2, a distance of 166.28 feet;thence north 00 degrees 15 minutes 35 seconds west and parallel to said west right-of-way line of Dylan Drive, a distance of 919.19 feet;thence north 89 degrees 44 minutes 25 seconds east, a distance of 167.04 feet to the point of beginning; said described parcel containing 11.659 acres, more or less. Subject to easements, right-of-way, covenants, and restrictions of record. and which has Key Numbers 025-1009-014605 presently at this point in time, be designated as an Economic Revitalization Area; and WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community and Economic Development and to the Office of the City Clerk; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION 11. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of six (_6_) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et sea. SECTION 111. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Council C} . 1400S COUNTY-CITY BUR DING ,a „ � 227W.JEFFERSON BouITV,axa PHONE 574/235-937I 5741235-9021 F.� SouTH BEND,INDIANA 4660I-1830 '`*�_ � . ,x x 1865 CITY of Sou-ri4 BEND PETE BLJTTIGIEG,MAYOR c®1VrMUNJTY & E c®Nomic DEVELOPMENT SCOTT FORD, DIRECTOR January 9, 2013 Council Member Henry Davis, Chairperson Community&Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: Arneriplex Superior Partners, L.P. Dear Council Member Davis., The petitioner has recently submitted their information regarding their contractors. Based on this information the company qualifies for a six year real property abatement. Taxes abated over the six year term of the abatement will be $313,770; taxes paid over the six years will be $311,890. This is a $3,500,000 project in which a 105,000 square foot building will be constructed for a tenant, Hubbell Electrical. 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N Ln in LL.I m OG (C C bo O u G 0 U O (U a Y �. O L .a) O F"` y m ro cu CL aj w N O v m + G 'L u U- y G Lu C rm O E 4l �y r O O o c s m m ro v — °ZS ° — ° ° — Z 4 a C E a r ..G t N L i%. CJ OJ U �4 U �,,. L. N U m z M O c O E C E G an C N t ro a N ;N ++ m G O O ��+ Q �m. V mE O m V u A O vs ti FO- 0� Q'r x 1O C7 }2 u 0 —4 N M cY Lr'1 li7 f� 00 m r•i N M 10-Jan-13 Public Benefit Points Summary Qualify Earned Available Public Benefit Item: Y or N Points Points Project Related: 1. A. Redevelop a Site that has Special Needs N 0 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a flan N 0 36 Sub-total Project Related: 0 120 2. Super Size Projects oint values are cumulative): A. 100%to 199% Y 25 25 B. 200%to 299% Y 68 fib C. 300%to 399% Y 65 65 D. 400%and Over Y 52 52 Sub-total Super Size Projects: 210 210 3, Construction Related: A. Employ Local Companies Y 20 20 B. Purchase Materials from Local Companies Y 20 20 C. Require Employees vs.Independent Contracts Y 19 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits N 0 22 F. Require Pension Benefits N 0 18 G. Maintain Affirmative Action Plan N 0 20 Sub-total Construction Related: 59 141 4. Wage&Benefit Related: A. Pay Target Wage Levels N 0 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 Sub-total Wage&Benefit Related: 91 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs N 0 41 C. Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub-total Workforce Related: 77 152 6. Pay for Municipal Infrastructure:(point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26-50%of Extension Cost N 0 26 C. Pay for 51-75%of Extension Cost N 0 39 D, Pay for 76-100%of Extension Cost N 0 52 Sub-total Infrastructure Related: 0 131 7. Support a Municipal Facility: A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 437 1000 Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. Additional Years of Abatement Multi-family Development Projects: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 &over 7 Other Development Projects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 437 Base Years of Abatement 3 Additional Years of Abatement: 3 Total Years of Abatement: 6 0 oCbbb o r0) N ONN co 0 LO LO r ! c' �; � m h N ct h Q7 } d o (b N O M O CO O T to - V r N N o O o0O o t+ Oh OOO [O M O U) Uf r O O N m r !, r- (o N OD w b m O) o m c3' N r r b O O 0 -LO O0D O 00 t Cl) (0 L, N b to � (D rp N (D n r ti cho ohp N (D to Om0 n 0) m OD 4 N r r M o m o o so o noh 0070) N � D OOnh nN O Y^ (o C. CD o (0 C) b (0Ou? „� (a 000D0N m " 1 (D O Ln � M e') N r CO � d r V, (D o i� OD to oob r U O ° O V) � O Fes.. OII n ti o m 0 o O iV OD 1 o n N r r N N L (3i N r 0) KO N l() h n N V N m m (o N 0) Q O Co (D V' N N (+'] .Q m (CD V- Ir r r (+) CL N N 3 L- � O C, 0 0 o r ° o 0 0 o coo 0 0 0 '6 N h n h n n n O " ro fl m O o 1 00 to LO In C O X h h h n n n (p `y. O o 0 0 o r N N Z N N N N N N W co Q O O r r n to to m m n N OQ co °� ~ V V V' V' V' C+ m Lq ° rn 0 0000 ° - N �-^ 0 0 r r r fD N 4 C') N N N Z Q- L6 W m m N � CO Q� o X aa) w � ° 000 o uiwh onn ur hhnnnn o a o (D o o (n mm � (nNn 0 x hhnnn h to 07 x d O ° r P7 o N N O N z p (p N N N N N N (p c nook m (nv d � vvvv � t in m AR 7 m m Y N o W r O O O ° O O O No ®Y ¢ N � r r N El u� U QO O) N a xw o O 0 0 0 0 0 0 0 0 0 _m L 0000 I- m j N N O N D > U E Z3 U CO j N p r N CO V' (n (D tN1Y N cu N d -.R N y z 0 .0 c o a O C O ¢ (V o 0 0 LD (t1 �. N co 05 00 Y N (t7 O O O E O x co F- U W m y cq > O D EL N N 7 r O Q T � G � w N O C G O CO v > U v c . 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