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HomeMy WebLinkAbout03-28-2022 Agenda Packet OFFICE OF THE CITY CLERK DAWN M. JONES, CITY CLERK MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: DAWN M. JONES, CITY CLERK DATE: THURSDAY, MARCH 24, 2022 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, March 28, 2022: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 The Council Chambers will be Open to the Public or Members of the Public May Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/032822CC 3:30 P.M. HEALTH & PUBLIC SAFETY CHAIRPERSON, WAX 1. Bill No. 22-16 – Resolution to Opt Back-in to the State of Indiana’s Opioid Litigation Settlement 3:45 P.M. RESIDENTIAL NEIGHBORHOODS CHAIRPERSON, WHITE 1. Bill No. 22-17 – Affordable Housing Resolution 2. Update: United Way/Door Dash Program- Jim Baxter, United Way of St. Joseph County 4:20 P.M. ZONING & ANNEXATION CHAIRPERSON, HAMANN 1. Update – Zoning Use Table Reforms, Joe Molnar, Department of Community Investment 4:35 P.M. PUBLIC WORKS & PROPERTY VACATION CHAIRPERSON, NIEZGODSKI 1. Bill No. 10-22 – Alley Street/Vacation – Alley at 1200 Block of Howard Street 2. Bill No. 12-22 – Alley Vacation for FNWNA Development 3. Bill No. 13-22 – Alley Street Vacation – 1101 King Street Council President Sharon L. McBride has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Public Works and Property Vacation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, SHARON L. MCBRIDE 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR HEARING AND SIGHT-IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible South Bend Common Council Meeting Agenda Monday, March 28, 2022 7:00 PM ***Due to Executive Order by Indiana Governor Holcomb, the South Bend Common Council meeting will be open to the public at the Council Chambers on the 4th floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601 or available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams Link: https://tinyurl.com/032822SBCC 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMEMORATING MARCH 2022 AS WOMEN’S HISTORY MONTH 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE BILL NO. 10-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 12 FT. WIDE PUBLIC ALLEY, RUNNING FROM DUEY AVENUE ON THE EAST TO HOWARD STREET ON THE WEST FOR A DISTANCE OF 205 FEET +/-, SOUTH BEND, INDIANA. 12-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: NORTH/SOUTH ALLEY BETWEEN N. MEADE ST. AND N. KALEY ST. FROM W. KELLER ST. TO MARQUETTE BLVD 13-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY VACATION- STREET ALLEY NEAR 1101 KING STREET 8. RISE AND REPORT 9. REGULAR MEETING RECONVENED 10. BILLS ON THIRD READING BILL NO. 10-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 12 FT. WIDE PUBLIC ALLEY, RUNNING FROM DUEY AVENUE ON THE EAST TO HOWARD STREET ON THE WEST FOR A DISTANCE OF 205 FEET +/-, SOUTH BEND, INDIANA. 12-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: NORTH/SOUTH ALLEY BETWEEN N. MEADE ST. AND N. KALEY ST. FROM W. KELLER ST. TO MARQUETTE BLVD. 13-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY VACATION- STREET ALLEY NEAR 1101 KING STREET 11. RESOLUTIONS BILL NO. 22-16 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AUTHORIZING AND APPROVING THE CITY OF SOUTH BEND, INDIANA’S OPT BACK INTO THE STATE OF INDIANA’S STRUCTURED SETTLEMENT OF OPIOID LITIGATION UNDER IND. CODE 4-16-15 22-17 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, CALLING FOR THE COOPERATION OF THE CITY OF SOUTH BEND, THE SOUTH BEND HOUSING AUTHORITY, AND DEVELOPERS TO CREATE, FUND, AND IMPLEMENT AN INITIATIVE TO REMOVE BARRIERS TO AFFORDABLE HOUSING IN SOUTH BEND 12. BILLS OF FIRST READING BILL NO. 14-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE 9, SECTION 2-129 TO CHANGE THE RESIDENCY RESTRICTION OF COMMISSION MEMBERS 13. UNFINISHED BUSINESS 14. NEW BUSINESS 15. PRIVILEGE OF THE FLOOR 16. ADJOURNMENT Notice for Hearing and Sight Impaired Persons: Auxiliary aid or other services are available upon request at no charge. Please give reasonable advance request if and when possible. 2022 COMMON COUNCIL STANDING COMMITTEES (Rev. 03-03-2022) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Rachel Tomas Morgan, Chairperson Eli Wax, Member Henry Davis, Jr., Vice-Chairperson Citizen Member Citizen Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Troy Warner, Chairperson Canneth Lee, Member Eli Wax, Vice-Chairperson Lori K. Hamann, Member Citizen Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Sharon L. McBride, Member Eli Wax, Member Sheila Niezgodski, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Eli Wax, Chairperson Troy Warner, Member Karen L. White, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Rachel Tomas Morgan, Chairperson Canneth Lee, Member Lori K. Hamann, Vice-Chairperson Citizen Member Citizen Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Canneth Lee, Chairperson Henry Davis, Jr., Member Troy Warner, Vice-Chairperson Rachel Tomas Morgan, Member Citizen Member Citizen Member PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and related matters. Sheila Niezgodski, Chairperson Troy Warner, Member Eli Wax, Vice-Chairperson Henry Davis, Jr., Member Rachel Tomas Morgan, Member Aaron Steiner, Citizen Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Publi c Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Karen L. White, Member Lori K. Hamann, Vice-Chairperson Carl Littrell, Citizen Member Jason Piontek, Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Henry Davis, Jr., Member Canneth Lee, Vice-Chairperson Sheila Niezgodski, Member Citizen Member Citizen Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers, and all related matters. Henry Davis, Jr., Chairperson Eli Wax, Member Troy Warner, Vice-Chairperson Lori K. Hamann, Member Citizen Member Citizen Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Lori K. Hamann, Chairperson Sheila Niezgodski, Member Henry Davis, Jr., Vice-Chairperson Karen L. White, Member James Snodgrass, Citizen Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council. Troy Warner, Member Eli Wax, Member 2022 COMMON COUNCIL STANDING COMMITTEES (Rev.01-06-2022) CANNETH LEE, 1ST District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Health & Public Safety Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Information & Technology Committee, Member Community Relations Committee, Member HENRY DAVIS, JR. 2nd District Council Member Utilities Committee, Chairperson Residential Neighborhoods Committee, Member Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member Zoning & Annexation Committee, Vice-Chairperson PARC Committee, Member SHARON L. MCBRIDE, 3rd District Council Member President Council Rules Committee, Member TROY WARNER, 4TH District Council Member Community Relations Committee, Chairperson Health & Public Safety Committee, Member Utilities Committee, Vice-Chairperson Personnel & Finance Committee, Member PARC Committee, Vice-Chairperson Sub-Committee on the Minutes, Member ELI WAX, 5TH District Council Member Health & Public Safety Committee, Chairperson Utilities, Member Community Relations, Vice-Chairperson Sub-Committee on Minutes, Member Personnel & Finance, Vice-Chairperson Council Rules Committee, Member Committee Investment, Member SHEILA NIEZGODSKI, 6TH District Council Member Vice-President Personnel & Finance Committee, Chairperson Residential Neighborhoods Committee, Member Public Works & Property Vacation, Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson PARC Committee, Member Community Investment Committee, Chairperson Personnel & Finance Committee, Member Health & Public Safety Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Public Works & Property Vacation, Member Health & Public Safety Committee, Vice-Chairperson Zoning & Annexation Committee, Member LORI K. HAMANN, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Community Relations Committee, Member Public Works & Property Vacation, Vice-Chairperson Utilities Committee, Member Information & Technology Committee, Vice-Chairperson LfficeEND, IN I-Aanch, "arn4ar° cSz c ciates, Inc_ Land Surveyors Professional Engineers Landscape Architects Land Planners Office: (574)234-4003 / (800)594-4003 Fax: (574)234-4009 1643 Commerce Drive South Bend, IN 46628 Board of Public Works December 9, 2020 City of South Bend 13t' Floor County-City Building South Bend, Indiana 46601 RE: A 12 ft. Wide Public Alley, running from Duey Avenue on the East to Howard Street on the West for a distance of 205 feet+/-, South Bend, Indiana. Dear Board Members: On behalf of our clients, we are requesting the Vacation of a 12 ft.Wide Public Alley. More particularly we are asking to Vacate a 12 ft. Wide Public Alley, running from Duey Avenue on the East to Howard Street on the West for a distance of 205 feet +/-. The Vacation request is to allow for a proposed mixed-use development bounded by South Bend Avenue on the North, Duey Avenue on the East and Howard Street on the South and West. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, lfftckd tT Pwrc% Michael J. Danch President Danch, Harper& Associates File No. 200186 Cc: South Bend Common Council BILL NO. 10-22 Filed in U, "Sffice MAR 0 8 2uzz II>#_A1A001e1 DAWN M.JUNESCINCL_ Rh: T, g n n k Danch, "arrniiap tV Associates, Inc. Land Surveyors Professional Engineers Landscape Architects Land Planners Office: (574)234-4003 / (800)594-4003 Fax: (574)234-4009 1643 Commerce Drive • South Bend, IN 46628 Honorable Members of the City of December 10, 2021 South Bend Common Council 40'Floor County-City Building South Bend, Indiana 46601 RE: A 12 ft. Wide Public Alley, running from Duey Avenue on the East to Howard Street on the West for a distance of 205 feet+/-, South Bend, Indiana. Dear Council Members: On behalf of our clients, we are requesting the Vacation of a 12 ft.Wide Public Alley. More particularly we are asking to Vacate a 12 ft. Wide Public Alley, running from Duey Avenue on the East to Howard Street on the West for a distance of 205 feet +/-. The Vacation request is to allow for a proposed mixed-use development bounded by South Bend Avenue on the North, Duey Avenue on the East and Howard Street on the South and West. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, AUW1 J Ard Michael J. Danch President Danch, Harrier&Associates File No. 200186 Cc: Board of Public Works City of South Bend 4 SpU"I H 8 1316 COUNTY-CITY BUILDING U d PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD W FAX 574/235-9171 SOUTH BEND,INDIANA46601-1830 PEACE l x x 1865 CITY OF SOUTH BEND .LAMES MUELLER,MAYOR BOARD OF PUBLIC WORKS Filed in Clerk's Office February 22,2022 Mr. Mike Danch MAR l)8 2D2Z Five Corners, LLC 814 Marietta St. DAWN M JONES South Bend, IN 46601 CITY CLERK,SOUTH BEND,lr. mdanch@danchharner.com RE: Alley/Street Vacation—Alley at 1200 Block of Howard St. (Preliminary Review) Dear Mr. Danch: At its February 22, 2022 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-13,the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation ofthis alley.Ifyou still wish to pursue this alley vacation,please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 41h floor of the County-City Building. Alley/Street vacations require a presentation to the Common Council, approval of an ordinance, and certification of the ordinance from the Mayor.The property then must be recorded with the Recorder's Office to ensure that your 50%ownership of the property is appropriately transferred to your name. If you have any questions about how the alley vacation will affect your property taxes, please contact the Auditor's Office. If you have any further questions,please call this office at(574)235-9251. Sincerely, s/Laura Hensley/Acting Clerk Enclosures ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT JORDAN V.GATHERS MURRAY L.MILLER CITY OF SOUTH BEND 04 UTFJ 8' 1p 227 W.JEFFERSON BOULEVARD DEPARTMENT OF PUBLIC WORKS SUITE 1316 COUNTY-CITY BUILDING c SOUTH BEND, INDIANA 46601 x PHONE 574/235-9251 1865 FAX 574/235-9171 Street/Alley Vacation Form Submission Date: 12/14/21 Applicant Name: Phone#: 574-234-4003 Mike Danch for Five Corners LLC Email: mdanch@danchharner.com Property Address: 1200 Block of Howard Street Applicant property information: Residential Commercial Industrial Describe the general alley location with boundaries(Ex:Church PI, between E.Colfax Ave& E. LaSalle Ave): A 12 ft. Wide Public Alley, running from Duey Avenue on the East to Howard Street on the West for a distance of 205 feet +/-, South Bend, Indiana. Is your property adjacent to the alley of interest? E Yes No Do you own all adjacent properties to the alley of interest? 0 Yes No Does the existing alley provide garage access to other property owners? Yes No Does the alley receive daily traffic excluding your own use? Yes ' No Would the vacation hinder public access to any of the following: a church,school,or Yes F!] No any other public building or place? Reason for street/alley vacation and proposed use: The Vacation request is to allow for a proposed mixed-use development bounded South Bend Avenue on the North, Duey Avenue on the East and Howard Street on the South and West. OFFICE USE ONLY: Board Recommendation for the proposed alley vacation: 15? Yes No CITY OF SOUTH BEND,INDIANA Board of Public Works Authorized Signatures: BOARD OF PUBLIC WORKS lw a 2-7Tl Elizabeth A.Maradik,President Joseph R.Molnar,Vice President r led in Clerk's Office Gary A.Gilot,Member Jordan V.Gathers,Member c 7' MAR0 8 2027 Murray L.Miller,Member Attest: Theresa M.HeNner,Clerk DAWN M.JONES Date: February 22,2022 CITY CLERK,SOUTH BEND,IN Version 2.0[11/19/2018] Offi BILL NO. 10-22 2 :2MARU8 O L ORDINANCE NO.DAWN M.JONES CITY CLERK, SOUTH BEND IN AN ORDINANCE TO VACATE THE FOLLOWING DE BED PROPERTY: A 12 FT. WIDE PUBLIC ALLEY, RUNNING FROM DUEY AVENUE ON THE EAST TO HOWARD STREET ON THE WEST FOR A DISTANCE OF 205 FEET +/-, SOUTH BEND, INDIANA. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: 1). A 12 ft. Wide Public Alley, running from Duey Avenue on the East to Howard Street on the West for a distance of 205 feet+/-, South Bend, Indiana. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property Tax Key Numbers may be injuriously or beneficially affected by such vacating: 18-5095-3337 18-5095-3336 18-5095-3335 18-5095-3334 18-5095-3333 18-5095-3339 18-5095-3340 18-5095-3341 18-5095-3342 18-5095-3343 18-5095-3344 18-5095-3345 18-5095-3346 18-5095-3353 18-5095-3354 18-5095-3355 18-5095-3356 18-5095-3357 18-5092-3272 18-5092-3270 18-5092-3268 18-5092-3265 18-5092-3262 18-5092-3261 18-5092-3258 18-5095-3331 18-5095-3338 18-5095-3332 18-5099-3509 18-5092-3510 18-5099-3512 SECTION IV. The purpose of the vacation of the real properties is to vacate that portion 2 of the Public Street in the described area to allow for the development of some of the adjacent property. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Sharon L. McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2022, at o'clock In. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'clock m. James Mueller, Mayor City of South Bend, Indiana PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/ALLEYS) To the Common Council Date: 12-10-21 of the City of South Bend, Indiana We, the undersigned property owner(s), petition you to vacate: 1). A 12 ft. Wide Public Alley, running from Duey Avenue on the East to Howard Street on the West for a distance of 205 feet+/-, South Bend, Indiana. Tax Key Numbers owned by the Petitioners: 18-5095-3337 18-5095-3336 18-5095-3335 18-5095-3334 18-5095-3333 18-5095-3339 18-5095-3340 18-5095-3341 18-5095-3342 18-5095-3343 NAME signed&printed) & ADDRESS Ei Clerk's Office For—Five Corners LLC U 1011 814 Marietta Street ONESSouthBend, Indiana 46601 fb1, SOUTH BEND, IN 574-233-1296 Office of the City Clerk CONTACT PERSON NAME: Dawn M. Jones, MPA, City Clerk Michael J. Danch Room 455-County-City Building Danch, Hamer&Associates, Inc. South Bend, IN 46601 1643 Commerce Drive 574-235-9221 South Bend, Indiana 46628 574-234-4003 e-mail: mdanch@danchharner.com FirAWN rk's Office O4s( lUTF1, 0 v f U G a 2OZ JONES1a`' CITY UTH BEND,IN INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: December 15, 2021 TO: Zach Hurst, Public Works Chris Dressel, Community Investment Gerard Ellis, Fire Department Brad Rohrscheib, Police Department FROM: Laura Hensley, Acting Clerk (Ihensley@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS—ALLEY VACATION APPLICANT: Mike Danch for Five Corners, LLC LOCATION: 1200 Block of Howard Street PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. PUBLIC WORKS: Favorable COMMUNITY INVESTMENT: Favorable— meets criteria above. FIRE: Favorable POLICE: Favorable Recommendation Filed in Clerk's Office i MAR G:a 2OZZ ALLEY VACATION DIAGRAM CITY CLEK SOUTH BEND,IN y;• r' , 018 095 3348 018 099-mi1 Af 01a 095-3353 glop, 61'• f' r a I 0 y 44 AZTP PIPT 018fi6921 f D18:5_©92reo 1ff 1!f gym^ VACATION AREA 0= 5v 1®0' .150' SCALE 1"» 5v: . Filed Clerk's Office Dawn Jones, City Clerk R 0 9 2022 4th Floor, County-City Building NMJONES 227 W Jefferson Blvd. SOUTH BEND,IN South Bend, IN 46601 RE: Alley Vacation for FNWNA Development March 9, 2022 Dear Clerk Jones, We are excited to be moving forward in the development of affordable housing units in our neighborhood. Due to the zoning requirements, we are not allowed to create curb cuts to enter the property from Meade St. so our site plan has the garage facing the alley. Currently, the alley is not passable with overgrown bushes and even neighbor-made barriers created years ago. Our hope is to gain ownership of the area so that we might improve the pathway behind the homes with pavement, lighting, and fencing to increase the safety for homeowners entering their property from behind and make it easier to clear a path through the snow in the winter. Enclosed please find the following information compiled to support the petition for alley vacation from the Far Northwest Neighborhood Association: 1. BPW Recommendation PACKET from the Board of Public Works 2. Petition to Vacate signed by abutting property owners. 3. Draft of the ordinance 4. Envelopes addressed and stamped with certified mail for all property owners within one hundred fifty feet (150) of the right-of-way to be vacated 5. Bank check made payable to the City of South Bend for the filing fee of$150.00 Thank you for your assistance with scheduling our hearing for the upcoming council meeting. Sincerely, Thelma L. Williams President, Far Northwest Neighborhood Association BILL NO. 12-22 File BILL NO. 12-22 Mk; ORDINANCE NO. CITY: AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: NORTH/SOUTH ALLEY BETWEEN N. MEADE ST. AND N. KALEY ST. FROM W. KELLER ST.TO MARQUETTE BLVD. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: North/South Alley between N. Meade St. and N. Kaley St. from W. Keller St. to Marquette Blvd. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana,to construct and maintain any facilities, including,but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way,unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Parcel ID#: 018-2102-FNWNA, Inc. Parcel ID#: 018-2102- 3829 3842 Richard Rufus Parcel ID#: 018-2102-3851 Craig Williams FNWNA, Inc. Parcel ID#: 018-2102-Parcel I D#: 018-2102- 3831 Parcel ID#: 018-2102-3853 3844 Richard Rufus FNWNA, Inc. Neuman J Andrew Parcel ID#: 018-2102-Parcel ID#: 018-2102-3855 Parcel ID#: 018-2102- 3833 FNWNA, Inc. 3846 Noble Indiana Neuman J Andrew Investments. LLC Parcel ID#: 018-2102- 3857 Parcel ID#: 018-2102- Parcel ID#: 018-2102-Claudia Douglas 3848 3835 Neuman James Andrew Sara Theragene Fritz Parcel ID#: 018-2102-Moody Alduff B 3828 Parcel ID#: 018-2102-Richard Rufus & Parcel ID#: 018-2102- 3837 Stephanie 3850 Jacqueline Palazzola Neuman James Andrew Parcel ID#: 018-2102-Moody Alduff B Parcel ID#: 018-2102-3834 3839 Richard Rufus & Parcel ID#: 018-2102- Tiffany Investments, Stephanie 3852 LLC Neuman James Andrew Parcel ID#: 018-2102-Moody Alduff B Parcel ID#: 018-2102-3836 3841 Grabill Joseph Parcel ID#: 018-2102- Jacqueline Palazzola 3856 Parcel ID#: 018-2102-Shelton Krista Parcel ID#: 018-2102-3838 3843 Richard Rufus & Jacqueline Palazzola Stephanie Parcel ID#: 018-2102-3 845 Section IV. The purpose of the vacation of the real property is to give property owners the ability to pave the lane for a driveway and other improvements (lighting, gateway, etc.) so they can safely enter their garage from the back of the property. Zoning requirements prevent construction of a driveway off Meade Street. The alley is currently not passable and is in very poor condition with grass and bushes preventing throughway. SECTION V. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. Sharon L. McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2022, at o'clock M. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'clock m. James Mueller, Mayor City of South Bend, Indiana soUT11 a Filed in Clere cs Office PEACE. FH U 9 2027_ 1865 k DAVVN M. JONES LERK SOUTH BEND, INOFFICEOFTHECITYCLR --- ------ DAINN M.JONES, CITY CLERK PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/ALLEY) DATE: 3/5/2022 To the Common Council of the City of South Bend, Indiana. I(we),the undersigned property owner(s), petition you to vacate: 1. THE ALLEY DESCRIBED AS: North/South Alley between N. Meade St. and N. Kaley St. from W Keller St. to Marquette Blvd. 2. THE STREET DESCRIBED AS: N/A Abutting Property Owner(s)Signatures: Name(print):Signature Address Lot Number 1. l 7_ s0' 2. i t 7 A/ f < ot8-zlo2-3B4 a 3. Fo r N W eS4. ei hlWo 60X 38a1 0l -RIOR-384T resr denf, F/VWA(A SOA &M,tl(4"Iq INTEGRITY1 SERVICES ACCESSIBILITY BIANCA L.TIRADO GRAHAM D.SPARKS GABRIEI,N.MUREI CHIEF DF.PUTY/DIRECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 466011 p 574.235.92211 f 574.235.91731 www.southbendin.gov 4 pUTH 1316 COUNTY-CITY BUILDING U PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD W FAX 574/2? - I SOUTH BEND,INDIANA 46601-1830 f rEACE in Clerk S O fiee 1865 PEAK tl9 2022 CITY OF SOUTH BEND JAMES MUELLF.R,MAYOR BOARD OF PUBLIC WORKS AWN M.JONES U l Y CLERK, SOUTH BEND IN January 12, 2021 Far Northwest Neighborhood Association, Inc. PO Box 3821 South Bend, IN 46619 fnwna2016Agmail.com; hondaroadtrip@vahoo.com RE: Alley/Street Vacation — 1707, 1707, 1713, 1725 N. Meade St. between Keller St. and Marquette Ave. (Preliminary Review) To Whom It May Concern: At its January 12, 2021 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department, and the Solid Waste Division. The following comments and recommendations were submitted: Per IC 36-7-3-13,the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church,school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley. Please contact Permit Department at(574)235-9254 prior to picking up your radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map,proceed to the City Clerk's office for your alley vacation packet. Sincerely, Is/Anne Fuchs Anne Fuchs, Clerk AF/lh ELIZABETH A.MARADIK GARY A.GILOT JORDAN V.GATHERS JOSEPH R.MOLNAR I ilcril in ClerK7ffice r,AR U 9 O Sp[JTH DAWN8 CITY CLERK, SOUTHI BEND, IN U t7 w a PEACE x x 1865 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 12/17/2020 TO: X Tom Whitaker, Street Department X Matt Longfellow, Engineering Department - Read both (2) from Engineering X Tim Corcoran, Community Investment X Gerard Ellis, Fire Department X Brad Rohrscheib, Police Department Jonathan Erdahl, NIPSCO Oonathanerdahl@nisource.com) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION —ALLEY VACATION APPLICANT:Far Northwest Neighborhood Assoc. LOCATION: 1707, 1707, 1713, and 1725 N. Meade. Meade St. between Keller St. and Marquette Ave. DATE DUE: December 29, 2020 FAX OR E-MAIL TO: 235-9171 / niacobs(a-)-southbendin.gov s/Linda Martin PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. COMMENTS: By Date Tli CITY OF SOUTH BEND oF 18 a 227 W.JEFFERSON BOULEVARD DEPARTMENT OF PUBLIC WORKS r SUITE 1316 COUNTY-CITY BUILDING w a SOUTH BEND, INDIANA 46601 t'EACk X x PHONE 574/235-9251 1865 FAX 574/235-9171 Street/Alley Vacation Form Submission Date: 12/8/2020 Applicant Name: Phone#: (574) 232-5556 Far Northwest Neighborhood Assoc. Email: fnwna2016@gmail.com Property Address: 1707, 1707, 1713, and 1725 N. Meade Applicant property information: Residential Commercial Industrial Describe the general alley location with boundaries(Ex:Church PI,between E.Colfax Ave&E. LaSalle Ave): Meade St. between Keller St. and Marquette Ave. Is your property adjacent to the alley of interest? Yes No Do you own all adjacent properties to the alley of interest? Yes ® No Does the existing alley provide garage access to other property owners? Yes No Does the alley receive daily traffic excluding your own use? Yes ® No Would the vacation hinder public access to any of the following: a church,school,or Yes ® No any other public building or place? Reason for street/alley vacation and proposed use: The alley is not passable and is in very poor condition. The Association is building affordable ho using units on these lots (see attached site plan). OFFICE USE ONLY: Board Recommendation for the proposed alley vacation: u Yes No Board of Public Works Authorized Signatures:CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS tatLa 1_:5 Elizabeth A.Maradik.President Jordan V.Gathers,Member i i1c.-O in Clerk's Office G Gary A.Gilot,Member Member t IAR 0 9 2022 ern Qq,—C 4 Joseph R.Molnar,Member Attest:Anne Fuchs,Clerk DAWN T TONES C-ITY CLERK, SOUTH BEND,IN Version 2.0[11/19/2018) Go: gle Maps E Imagery 02020 CNES/Airbus,IndianaMap Framework Data,Maxar Technologies,USDA Farm Service Agency,Map data @2020 100 ft 1713 N.Meade St. f ilod in CIerK's Office 0 1707 N.Meade St. 1707 N.Meade St. FNAR 1)9 ?021 DAWN Im ;ODES CIT'CLER-K,SOU_ H SEND,IN Filed in Clerk's Office P;AR 0 9 2022 DAWN M.JONES CITY CLERK, SOUTH BEND,IN owlvow ddMM i JV n a E.1 •,I A t `i G7 P R ,;E T T I P 1.r r? W+N1AROti; i i _Y E . T R l_ ._ 18,=2102.38 1 Z t ;- 1.8 21+ 13-38591 13 a.. I I - 1 I I L b 1 1 S- 1 l)L 1 1 r 1 r +• i 18 C 77 Mom 1 101`3$3 1 102- 1R 1u338 .4 y+ t}7302-3$36 1 21+t r .:, < 4 rrwa 01 -210 -3838 1%11 1 i,7 714, Mm& 3$7U alb ill..' 3 ;4 t~ 01 -21 G 7`4 4 018-31 018-2102- 18-21 F= .. 1•5 lij X18;2103a382 k 01$-2102-3850 18;1G2=3851 r 11 , i : i s 1 =2102-385? rj 18 2102-385 3-3883 .- r t18 Z1(l2-385S 018-210313884 018-210 -3885 71'/u lb ?lii2-385.7 001-2103_`-3$ 0 -21 5-391 nn W KELIER•ST WIKELLER T 018-210-3 20 018°2105-3921 It f VA 018=2105-393 Z TRANSFORMATION LFk' s Office 2Q223-3-2022 DAWO BEND, IN South Bend City Clerk 227 W Jefferson Blvd County-City Building South Bend, IN 466oi Re: Petition to vacate alley To whom it may concern, Transformation Ministries,a non-profit working with youth in South Bend,petitions to vacate the alley running east-west between King St and McCartney St, Kessler Blvd, and Allen St. Transformation Ministries owns property on both sides of the alley- iioi King St and 1126 McCartney St.We have plans to renovate the building we own at iiol King St,turning this space into a hub to run our programming for the youth in our community. If the alley would be vacated,we would connect our properties on the north and south side of the alley which would allow space for storm water retention.We intend to rezone and replat our property on McCartney to Industrial use. The alley is no longer in use and it is overgrown,unkempt,and unmaintained.There are only two houses adjacent to this alley,both off of Kessler St.We have spoken with our neighbors,the Steel Warehouse, and they are in support of the proposed alley vacation. Thanks for your consideration, Z Kory Lantz Executive Director,Transformation Ministries korylantz@transformation58.com BILL NO. 13-22 I MAR 0 8 2022 BILL NO. 13-22 CITY C DRUK, , LEND, IN ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY VACATION- STREET ALLEY NEAR 1101 KING STREET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12,the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: ALLEY VACATION- STREET ALLEY NEAR 1101 KING STREET hereby determines that it is desirable to vacate said property. SECTION I1. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana,to construct and maintain any facilities, including,but not limited to, the following: electric,telephone, gas,water, sewer, surface water control structures and ditches, within the vacated right-of-way,unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Robert Beissel: Lot 48 North West Pro Shimon Amir: Lot 58 North West Add We Care Consulting LLC:Lot 57 2nd Plat Of No West Add Expanded Metal Company Of Indiana LLC: Lots 49- 54 North West Transformation Ministries:Lots 39-47 North West Pro &Lot 55-56 North West Addition 2nd Plat Lot 55 Section IV. The purpose of the vacation of the real property is: The alley is no longer in use, is overgrown,and unkempt.If vacated we would connect our North&South properties to allow space for storm water retention. SECTION V. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. Sharon L. McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2022, at o'clock M. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 4SpUTH 8 d 1316 COUNTY-CITY BUILDING U PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD W \PEACE: FAX 574/235-9171 SOUTH BEND,INDIANA 46601-1830 1865 Filed in Clerks OfficesW CITY OF SOUTH BEND JAMES MUELLER,MAYOR BOARD OF PUBLIC WORKS MAN U 9 Z021 February 22, 2022 DAWN M.JCiNr- CITY CLERK,SOUTH BEND, IN Ms. Maggie VanZalen—Transformation Ministries 1101 King St. South Bend, IN 46616 maggievanzalen gtransformation 5 8.com RE: Alley/Street Vacation—Street and Alley near 1101 King St. (Preliminary Review) Dear Ms. VanZalen: At its February 22, 2022 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-13,the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley. The Board submitted an unfavorable recommendation for the Street vacation as it does not meet two(2)of the four(4)I.C. 36-7-3-13 criteria(2,4)and due to the loss of the fire hydrant access. If you still wish to pursue this alley vacation,please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 41h floor of the County-City Building. Alley/Street vacations require a presentation to the Common Council, approval of an ordinance, and certification of the ordinance from the Mayor. The property then must be recorded with the Recorder's Office to ensure that your 50%ownership of the property is appropriately transferred to your name. If you have any questions about how the alley vacation will affect your property taxes, please contact the Auditor's Office. If you have any further questions,please call this office at(574)235-9251. Sincerely, Is/Laura HensleyMctinQ Clerk Enclosures ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT JORDAN V.GATHERS MURRAY L.MILLER d u i INTEROFFICE MEMORANDUM filed in ClerK s OfficeBOARDOFPUBLICWORKS DATE: January 31, 2022 F- r AN U 202I TO: Matt Longfellow, Public Works DAWN M..1Ur EChrisDressel, Community Investment Cl CLERKZZLLi, sOUTI+BEND,INGerardEllis, Fire Department Brad Rohrscheib, Police Department FROM: Laura Hensley, Acting Clerk (Ihensley@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS — STREE/ALLEY VACATION APPLICANT: Maggie VanZalen-Transformation Ministries LOCATION: 1101 King St. PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. PUBLIC WORKS - No objections for the ALLEY vacation specifically; but, Unfavorable for the vacation of King Street because it violates Criteria #2, as it would limit immediate & easy access to a fire hydrant. Per their application description, they propose to vacate and install a gate across King Street in line with the West edge of their building. If approved, our hydrant would be located —125' East of their proposed gate, inside the vacated section of King Street. COMMUNITY INVESTMENT — Favorable recommendation for the alley vacation. Unfavorable recommendation for King Street vacation due to loss of fire hydrant access. 1. The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would not hinder the public's access to a church, school or other public building or place. 4. The vacation would hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. STREET/ALLEY VACATION APPLICATION 1 iled in Cleat-s Office 4'/: of City of South Bend - Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 F q 0 q 2,02 f ti5=South Bend, IN 46601 DAWN :vL DUNESCilYCLERK Date: 12/6/2021 Phone#: 616-283-5590 Name: Maggie VanZalen -Transformation Ministries Email: maggievanzalen@transformation58.com Property Address: 1101 King St, South Bend, IN 46616 Applicant property information: Residential Commercial E Industrial Describe the general alley location with boundaries(Ex:Church PI,between E.Colfax Ave&E.LaSalle Ave): Alley between McCartney St& King St, Kessler Blvd & Allen St King Street from Steel Warehouse property line, approximately 195'to the west, ending at the edge of the Transformation building Is your property adjacent to the alley of interest? Yes No Do you own all adjacent properties to the alley of interest? Yes 0 No Does the existing alley provide garage access to other property owners?Yes lil No Does the alley receive daily traffic excluding your own use? Yes 0 No Would the vacation hinder public access to any of the following:a church, Yes 9 No school,or any other public building or place? Reason for street/alley vacation and proposed use: The alley Is no longer In use and Is overgrown and unkempt.If vacated it would connect Transformation Ministries north and south properties and allow them space for storm water retention.Transformation also Intends to rapist and rezone all properties along McCanney 10 Industrial use.Addltionally,we have discussed the proposed plan with our neighbors.The Sual Warehouse,and they are also in support of the proposed alley and street vacation. In reference to the request of King Street being vacated t0 me shown IOcet on on the application(at the existing bullIll The street Is a dead end street and has been a proven area where vandalism and break-Ins have taken place both In TransfornWtion's newly acquired building and the Steel Warehouse building.We propose vacating this area and allowing Transformation to fence off this portion to secure the dead end area and deter vandals. This newly vacated and fenced-in space could also be used for employee parking which allows for their new parking area to handle an Increased amount of visitors. This would also transfer the maintenance of this portion of me road to Transformation.It appears Inet King Street east of Kessler Is In desperate need of repairs.Previously King Street west of Kessler was paved,but nothing east of Kessler has bean paved or maintained recently.The steel Warehouse Is also In favor of vacating this portion of King St.They would then transfer ownership to Transformation of their portion of the vacated Kong Street We would also assume that an easement would be established for access to the existing city utilities A map MUST be provided highlighting the area you would like to vacate with this application. OFFICE USE ONLY: Board Recommendation:Yes [J(No CITY OF SOUTH BEND,INDIANA Alley Street BOARD OF PUBLIC WORKS VIL e 0_2P1 Elizabeth A.Maradik,President Joseph R.Molnar,Vice President Gary A.Gilot,Member Jordan V.Gathers,Member Murray L.Miller,Member Attest: °Theresa M.Heffner,Clerk Date: February 22,2022 Filed in Clerk's Office FIRE: Unfavorable 1 1AR 0 9 2022 POLICE: Favorable recommendation F,WN M.J0(VES iT) CLERK,SOUTH BEND IN THB, iled in Clerk's Office x PEACE t;AR U 9 202'l_ x 1865 SAWN M.JONES CLERK, SOUTH BEN SOFFICEOFTHECITYCLJ ----------- D.N\-N M JONES, CI FY CLERK PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/ALLEY) DATE: 3--7- 201g- To the Common Council of the City of South Bend,Indiana. I(we),the undersigned property owner(s),petition you to vacate: 1. THE ALLEY DESCRIBED AS: Tt/bU C, ottl:6AA IOC46A eg+ Of 406C I2 old IXfDOttA t M Vt.d tNI G CaC+y e A 2. THE STREET DESCRIBED AS: V\'A Abutting Property Owner(s)Signatures: Name(print): Signature Address mo t Number 1 10 I 55 I. Tfow4),cmah 0 a 15111 'PO Lo 31 LID, y I ,L12 , 113, I'SfYi C SDI c J IN llvul K q5 1 2. 3. Damns 1121 tM c Cat cw At,6. 0,), ra,OL'X1 L O C11 2 SS t5 t51 oCtt.A- , c 9 vrz c, 2 . . >m . f ' t \ Cn Eed in D % Office AN @.JO ES M'CLE R6 SOUTH BEND,IN 1200 CouNTY-QTY BUILDING ypurH aF PHONE 574/ 235-9241 227 W.JEFFERSONBoul-EVARD o4 d FAX 574/ 235-7670 SOUIH BEND,INDIANA46601-1830 TTY 574/235-5567 U t7 w a PEA(:E.. x a QTY OF SOUTH BEND JAMES MUELLER,MAYOR DEPARTMENT OF LAW SANDRA KENNEDY ALADEAN M.DEROSE CORPORATION COUNSEL QTY ATTORNEY Filed in Clerk`s OfficeMarch23, 2022 Sharon McBride, MAR 2 3 Z02? President, South Bend Common Council 4`h Floor County City Building DAWN M.JONES 227 West Jefferson Boulevard CITY CLERK,SOUTH BEND,IN South Bend,IN 466601 Re: Resolution to Opt-Back-In to the State of Indiana's Opioid Litigation Settlement Dear. Council President McBride: Attached is a Resolution based upon Indiana House Enrolled Act 1193,signed by Governor Holcomb on March 10,2022. This Act amends the previous version of the law(Ind. Code §4- 6-15) which substantially limited the damages recoverable by the City of South Bend in the Cit/s opioid litigation pending against manufacturers,distributors, retailers and others. For that reason,South Bend originally opted out of the State's opioid settlement when this Council passed Resolution No. 4916-21 on June 14,2021 and a certified copy was sent to Indiana Attorney General Todd Rokita. The new law is the result of legislative cooperation between the State and its political subdivisions, and is far more beneficial and equitable to local governments like South Bend. The percentage of state opioid settlement funds recoverable by local government has increased from the previous law's 15%to the new law's 50%. Note,however,that even under the new law,only 30% of the funds received by local governments are unrestricted(usable to reimburse past expenses of the opioid crisis). The remainder(70%) of those monies must be used by local governments "only for programs of treatment,prevention, and care that are best practices as defined or required by the settlement documents or court order." Ind. Code §4-6-15-4 (a) (4). The State is currently part to two national settlement agreements: (1)with McKesson Corporation, Cardinal Health,Inc.,and AmerisourceBergen Corporation (known as the "Distributor Settlement"); and (2) with Johnson&Johnson,Janssen Pharmaceuticals,Inc.,OrthoMcNeil-Janssen Pharmaceuticals,Inc.,and Janssen Pharmaceutica,Inc. (known as the "J&J Settlement"). The old law only guaranteed that local governments would participate in these two settlements. The old law included the following provision: No political subdivision has any claim to any settlement proceeds for litigation against any opioid party not yet filed by the state as of the effective date of this chapter. JENNA THROW THOMAS E.PANOWICZ CHRISTINA SHAKOUR C.,ARA MC DANIELS KYLIE CONNELL DANIELLE CAMPBELL WEISS BILL NO. 22-16 Sharon McBride March 23 ,2022 Page 2 Ind. Gode §4-6-15-2(f). The new law struck this provision,so that local governments are now entitled to participate in all future opioid settlements to which the State is a party. This is significant, given that the Gity's current lawsuit includes a long list of defendants (such as retailers CVS Health, Kroger,Meijer,Wal-Mart,and Walgreens) and the City has claims in bankruptcy proceedings filed by Purdue Pharma and Mallinckrodt. The new law ensures that South Bend will benefit from any national settlement agreement the State negotiates involving any of these entities, or any other opioid defendant. The dollar sum distributable to local governments is no longer based on that entity's per capita population,but rather, is calculated upon"a weighted distribution formula." Ind. Code §4-6-15-4 (a) 2).We understand this formula involves historical data of reported opioid use disorders,overdose deaths,and amounts of opioids distributed within each local government's boundaries. Current law extends the opt-back-in deadline from September 30,2021 to July 15,2022. However, early opt-back-in is in the City's best interest because around April 27,2022 the first of about 18 installments of annual proceeds from the Distributor Settlement become distributable. I will present this resolution to the Council at its appropriate Committee meeting and at the regular Council meeting.Attorney James (Jay) Lewis,with the law firm THK Law(formerly Tuesley Hall Konopa),the City's outside counsel in this matter,may accompany me. Thank you for your consideration of this matter. Sincerely, CAI Aladean DeRose City Attorney cc:Kacey Gergely Sandra Kennedy James M.Lewis 2 F-11td lit MAR 2 ; 1UZ4 BILL NO. 22-16 DAVdN M.JdNES CITY CLE8K,SOUTH BEND,IN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING AND APPROVING THE CITY OF SOUTH BEND, INDIANA'S OPT BACK IN TO THE STATE OF INDIANA'S STRUCTURED SETTLEMENT OF OPIOID LITIGATION UNDER IND. CODE 4-16-15 WHEREAS, The City of South Bend has been actively engaged in pursuing damages caused by the manufacture,sale,and distribution of opioids through outside counsel in multidistrict litigation; and WHEREAS, on June 14,2021 this Council enacted Resolution No. 4916-21 opting out of the State of Indiana's opioid settlement plan as codified by Ind. Code 4-6-15 et seq.; and WHEREAS, recent legislation amending Indiana Code 4-6-15 has been adopted by the Indiana legislature and signed into law by Governor Holcomb which the City considers to be more beneficial to its interests and which extends the time limit for opting back in to the State's settlement; and WHEREAS, The City of South Bend, Indiana, after due consideration of said legislation, has determined that it is in the best interest of its citizens to opt back in to the opioids' settlements under Indiana Code 4-6-15-2. NOW,THEREFORE,BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The City of South Bend, Indiana, having considered whether to elect to opt back in to the opioids settlements under Indiana Code 4-6-15-2, hereby resolves that the City of South Bend now exercises its election to opt back in to the opioid settlements, and its duly authorized agent is directed to submit a certified copy of this Resolution to the Indiana Attorney General by July 15, 2022. SECTION II.This Resolution shall be effective from and after its adoption by the Common Council and approval by the Mayor. Sharon L. McBride, Council President South Bend Common Council ors°uTH B d Cityof South Bend W e.acs Common Council N 441 County-City Building• 227 W.Jellerson Blvd x 1865 x South Buid, Indiana 46601 Filed in Cfr•rk's Office Sharon L. McBride March 23, 2022 MARPresident Sheila Niezgodski D V' q V. Vice President South Bend Common Council CITY CLERK,SOUTH BEND, IN Canneth Lee 41h Floor, County-City Building Ch urperson, Conlniktee South Bend, IN 46601 ol-the Whole Re: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY Camieth 1,ce OF SOUTH BEND, INDIANA, CALLING FOR THE First District COOPERATIONOF THE CITY OF SOUTH BEND, THE SOUTH Henry Davis,Jr. BEND HOUSING AUTHORITY AND DEVELOPERS TO CREATE, Second District FUND AND IMPLEMENT AN INITIATIVE TO REMOVE BARRIERS TO AFFORDABLE HOUSING IN SOUTH BEND Sharon L. McBride 14urd District Dear Council Members: Troy Warner On April 26, 2021,this Council passed a resolution calling for a recommitment to Fourth District the partnership between the City and the Housing Authority of South Bend to work Eli Way: together to create and implement an affordable housing plan for the City. Since that Filth District time,the Housing Authority has taken several actions with respect to Rabbi Shulman apartments together with the Monroe Circle Apartments,many of Sheila Niezgodski which some Council members learned about only after the fact and through Sixth District the media. Karen L. White This proposed resolution emphasizes the need to create,implement and fund an At Large affordable housing initiative for South Bend through the cooperation of the Council, Rachel Tomas Morgan the City,the Housing Authority and the Common Council. The resolution notes that At Large in order for the partnership referred to in the April 28,2021,to work both effectively and efficiently,must be open,honest and transparent. Lori K Hammin At Large We ask that this resolution be scheduled for discussion by the Residential Neighborhoods Standing Committee at its March 28,2022,meeting and later that evening at the full Council meeting. Thank you for your consideration. 574) 235- 9321• Fax(574) 235 9173•TDD (571) 235.5567 • filth://«««.southbcndin.gov BILL NO. 22-17 TH 8 City of South Bend U dj W PEACE; Common Council I I I Cotunty-City Building • 227 W.Jeffcrson l;lr-cl 1865 r South Bcnd, Indiana-46601 VLuxssau+ 't Sincerely yours, K Henry Davis, Jr., 2nd District Lori K. Ha ann, At- Large 574) 235-9321• Fax(574) 235-9173 TDD (.574) 235-5567 • littp://www.soutlibeudin.gov Filed in Clerk's Office BILL NO. 22-17 MAR 2 3 '102z RESOLUTION NO. 0 A W M:DNS C12 CLERK SOUTH BEND. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,CALLING FOR THE COOPERATION OF THE CITY OF SOUTH BEND,THE SOUTH BEND HOUSING AUTHORITY AND DEVELOPERS TO CREATE,FUND AND IMPLEMENT AN INITIATIVE TO REMOVE BARRIERS TO AFFORDABLE HOUSING IN SOUTH BEND G," on April 26, 2021, the South Bend Common Council passed a resolution calling for a recommitment to the partnership between the City of South Bend and the Housing Authority of South Bend to work together to create and implement an affordable housing plan for low-income residents of South Bend; and 6 , on September 28, 2021, the South Bend Housing Authority gave an update to the South Bend community, indicating that the Housing Authority was, at that time, seeking proposals from developers to demolish and replace the Rabbi Shulman apartments together with the Monroe Circle Apartments; and the Housing Authority, at that time, said that replacement buildings would be a"reposition", i.e., change from public housing to a different type of affordable housing; and the Housing Authority has phased out many of the residents of these two complexes,but fully intends to "bring them back into the new buildings" after they are finished; and C it was reported in February 2022 that the Housing Authority was partnering with developers McCormick, Baron, and Salazar to host meetings with the residents to determine the future layout of the complexes; and 6)6" some members of the Common Council learned about these transactions only through media accounts, and not through any updates or other reports from the Housing Authority; and W" in order to work both effectively and efficiently, the partnership referred to in the September 28, 2021,resolution must be open, honest and transparent; and under federal and state legislation resulting from the COVID-19 pandemic, additional funding for affordable housing has been made available to local government entities, with more funding still to come; and 6 ate,the need for affordable housing is now greater than ever before generally due to the COVID-19 pandemic, but also, more specifically, due to the need to relocate the residents of the Rabbi Shulman Plaza and Monroe Circle Apartments; and the solution to the affordable housing crisis does not rest alone with the Housing Authority, but requires the cooperation of developers and the City of South Bend to remove the barriers to building affordable housing in our neighborhoods; and CA",the current unique circumstances of increased need and additional availability of resources mandates the recommitment of the City of South Bend, the HASB, and developers to work together to not only create, but to implement, a housing plan for the City that is "safe, desirable, and affordable with superior services" for residents; and 6 ,simply recommitting to work together and cooperating is not sufficient; the City must earmark funds to eliminate the barriers to affordable housing wherever those barriers exist. Section I. The South Bend Common Council hereby commits to working with the South Bend Housing Authority, the City Administration and developers to remove barriers to create and implement an affordable housing initiative. Section II. The South Bend Common Council urges the City Administration to ear mark funds from whatever sources available to eliminate barriers to safe, desirable, and affordable housing. Section III. Such a plan will benefit not only the residents of that housing, but also all other residents in the City of South Bend. Sharon McBride, President South Bend Common Council 1200 COUNTY-QTY BUILDING SOUTH 8 PHONE 574/235-9241 227 W.JEFFERSON BOULEVARD 04 tp FAX 574/235-7670 Sounri BEND,INDiANA 46601-1830 TTY 574/235-5567 x 1865 QTY OF SOUTH BEND JAMES MUELLER,MAYOR DEPARTAENT OF LAW SANDRA KENNEDY ALADEAN M.DEROSE CORPORATION COUNSEL QTY ATTORNEY Filed in Clerk's OfficeMarch23, 2022 Sharon McBride, EMAR3 2022 President, South Bend Common Council DAWN M.J4`" Floor County City Building CITY CLERK, S . io BEND, IN227WestJeffersonBoulevard South Bend, IN 466601 Re: Ordinance to Amend South Bend Municipal Code--Residency of Human Rights Commission Members Dear: Council President McBride: Enclosed is an ordinance filed upon recommendation of the South Bend Human Rights Commission (HRC) which extends the residency boundary for HRC members beyond the City of South Bend to the entirety of St.Joseph County. The HRC believes this ordinance which amends Chapter 2, Article 9, Section 2-129 (a) of the South Bend Municipal Code is in the best interests of the HRC and the City. The HRC now investigates cases within St. Joseph County. Continuation of the City-only residency requirement for Commission members restricts the Commission's ability to include within its membership many persons of talent and dedication, who are"representative of the racial, ethnic, religious, economic and educational groups" in the County-wide community who desire to serve the cause of equal opportunity and elimination of discrimination. HRC Executive Director Yolanda Young-Smith will present this ordinance to the Council at its appropriate Committee meeting and at the regular Council meeting. I will assist with any legal questions. Sincerely, Aladean DeRose City Attorney cc: Yolanda Young-Smith Felix Marquez, President South Bend HRC JENNA THROW THOMAS E.PANOWICZ C HRISTINA SHAKOUR CLARA MC DANIELS KYLIE CONNELL DANIELLE CAMPBELL WEISS BILL NO. 14-22 T_r r, cie MAC 2r BILL NO. 14-22 DAWN M.JONES CITY CLERK,SOUTH BEND, IN ORDINANCE NO. AN ORDINANACE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE 9, SECTION 2-129 TO CHANGE THE RESIDENCY RESTRICTION OF COMMISSION MEMBERS STATEMENT OF PURPOSE AND INTENT The South Bend's Human Rights Ordinance at Chapter 2, Article 9, Section 2-129 (a) of the South Bend Municipal Code, currently requires all members of the South Bend Human Rights Commission(HRC) to reside within the corporate limits of the City of South Bend, Indiana. This residency restriction should be amended in the best interests of the HRC. Since 2017 the City has had an interlocal agreement with the County of St. Joseph ("the County")by which the Commission investigates cases of discrimination within the County under the County's Human Rights Ordinance which is substantially equivalent to the City's Human Rights Ordinance. The Interlocal Agreement was approved by the South Bend Common Council in Ordinance No.10542-17,enacted on September 25,2017,reaffirmed by Council Resolution No. 4710-18 on April 23, 2018, and by Resolution No.4794 -19 on June 10, 2019. Because the HRC now investigates cases throughout the County, the Commission membership should reflect this County-wide scope of HRC work. Members of the HRC believe that continuation of the City-only residency requirement for Commission members restricts the Commission's ability to include within its membership many persons of talent and dedication, who are"representative of the racial, ethnic,religious, economic and educational groups in the community" and who desire to serve the cause of equal opportunity and elimination of discrimination. The HRC has recommended to this Council that Municipal Code Section 2-129(a) be amended, as expressed in HRC Resolution No. 01-2022 which is Attachment"A"hereto. Accordingly,this ordinance is in the best interest of the City and the area now served by the HRC. 1 NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: SECTION I. Chapter 2, Article 9, Section 129 (a) of the South Bend Municipal Code be and hereby is amended to read as follows: There is hereby created a South Bend Human Rights Commission composed of nine 9) members who are residents of the City of Seuth Bond County of St. Joseph and are representative of the racial, ethnic, religious, economic,and educational groups in the eommunity St. Joseph County. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Sharon L. McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2022, at o'clock M. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 EXHIBIT A Resolution No. 01 -2022 of the South Bend Human Rights Commission Enacted on March 16, 2022 3 Filed in Clerk's Office MAR , 9 7? EXHIBIT A Resolution No. 01 -2022 of the South Bend Human Rights Commission Enacted on March 16, 2022 Filed in Clerk's Office DAWN M JbN'-E- WYCLERK,SOUTH BEND, IN 3 F, in Clerk's Office MAR Z 9 2022 RESOLUTION NO. 01-2022WN M i SRK. SOUS' 'AEND,IN A RESOLUTION OF THE SOUTH BEND HUMAN RIGHTS COMMISSION SUPPORTING AN AMENDMENT TO THE SOUTH BEND MUNICIPAL CODE TO EXPAND RESIDENCY REQUIREMENTS FOR COMMISSION MEMBERS WHEREAS,The South Bend's Human Rights Ordinance at Chapter 2, Article 9, Section 2-129 (a) of the South Bend Municipal Code currently requires all members of the South Bend Human Rights Commission to reside within the corporate limits of the City of South Bend, Indiana, as follows: "There is hereby created a South Bend Human Rights Commission composed of nine (9) members who are residents of the City of South Bend and are representative of the racial, ethnic, religious, economic and educational groups in the community." (Emphasis added); and WHEREAS, since 2017 South Bend("the City") has had an interlocal agreement with the County of St. Joseph ("the County") for the Commission to investigate cases of discrimination within the County under the County's Human Rights Ordinance which is substantially equivalent to the City's Human Rights Ordinance. This interlocal agreement was approved by the South Bend Common Council in Ordinance No. 10542-17, enacted on September 25, 2017, reaffirmed by Council Resolution No. 4710-18 on April 23, 2018, and by Resolution No. 4794 -19 on June 10, 2019; and WHEREAS, the Commission believes that continuation of the City-only residency requirement for Commission members restricts the Commission's ability to include within its membership many persons of talent and dedication,who are"representative of the racial,ethnic,religious,economic and educational groups in St. Joseph County and who desire to serve the cause of equal opportunity and elimination of discrimination throughout St. Joseph County. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND HUMAN RIGHTS COMMISSION as follows: Section I. The Common Council of the City of South Bend is requested to and should amend the South Bend Municipal Code at Chapter 2,Article 9,Section 129(a)to read as follows: "There is hereby created a South Bend Human Rights Commission composed of nine (9) members who are residents of the City 0 SouthBen County of St. Joseph and are representative of the racial, ethnic, religious, economic, and educational groups in the ,.,,,,..,...••ni St. Joseph County." A true Resolution passed by the South Bend Human Rights Commission at its regular meeting on March 16,2022. Felix a Chair, t Bend Rights Commission Attest: SaInuel Br wn, Secretary EXHICIT P