Loading...
HomeMy WebLinkAbout02-25-13 Council Agenda & Packet 2 AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, FEBRUARY 25, 2013 7: 00 P.M. 1 . INVOCATION - REV. FRED PRESTON 2 . PLEDGE TO THE FLAG 3. ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5 . ,SPECIAL BUSINESS REPORT ON TRANSITION RESOURCES CORPORATION - JESUSA RIVERA -- 15 MINS. f. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME; BILL NO. 13-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 20-20 OF ARTICLE 1, CHAPTER 20 VEHICLES AND TRAFFIC OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SAFETY REGULATIONS WHEN PASSING BICYCLES 07-°13 PUBLIC HEARING ON A BILL 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, AND APPROPRIATING TWO HUNDRED THIRTY SEVEN THOUSAND FOUR HUNDRED SEVENTEEN DOLLARS ($237, 417) FROM GENERAL FUND (#101) 8 . BILLS, THIRD READING TIME: BILL NO. 13-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 20-20 OF ARTICLE 1, CHAPTER 20 VEHICLES AND TRAFFIC OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SAFETY REGULATIONS WHEN PASSING BICYCLES 07-13 THIRD READING ON A BILL 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, AND APPROPRIATING TWO HUNDRED THIRTY SEVEN THOUSAND FOUR HUNDRED SEVENTEEN DOLLARS ($237, 417) FROM GENERAL FUND (#101) 9 . RESOLUTIONS BILL NO. 13-15 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REQUESTING THAT LOCAL MEETINGS BE HELD BY OUR U. S . SENATORS AND U. S. HOUSE OF REPRESENTATIVES SO THAT THERE ARE OPPORTUNITIES TO HEAR FIRST HAND COMMENTS ON HOW TO IMPROVE OUR IMMIGRATION SYSTEM 13-17 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALER/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2013 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE 13-18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CALLING FOR A TEMPORARY MORATORIUM ON DEMOLITION OF BUILDINGS WHICH ARE NOT A HEALTH AND PUBLIC SAFETY HAZARD 10. BILLS, FIRST READING BILL NO. 08-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 11 ENTITLED BLOCK PARTY REGULATIONS 11. UNFINISHED BUSINESS A. REPORTS FROM AREA BOARD OF ZONING APPEALS 1. BILL NO. 13--16 - SPECIAL EXCEPTION - 2221 PRAIRIE AVE B. CONFIRMING TAX ABATEMENT FOR DOUGLAS ROAD LAND PARTNERS SOUTH, L. P. /HARRINGTON ORTHODONTICS--SET FOR 2-25-13 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 Passible. Substitute Bill No. .¢3 --l-J. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 20-20 OF ARTICLE 1, CHAPTER 20 VEHICLES AND TRAFFIC OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SAFETY REGULATIONS WHEN PASSING BICYCLES STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that the City of South Bend is dedicated to seeing that individuals have the opportunity to enjoy bicycle riding throughout the city in as safe a manner as possible. This requires both the motor vehicle operators, as well as bicyclists, to abide by the rules of the road. The Common Council further recognizes that there are many Indiana state laws codified into Title 9 of the Indiana Code, as well as regulations codified into the Manual on Uniform Traffic Control Devices (MUTCD) which govern bicycle traffic. The City of South Bend would like to implement additional safety regulations which would require a minimum of three feet (3') minimum distance from a bicyclist when passing such bicyclist by an operator of a motor vehicle. It is believed that sharing the road with bicyclists and motorists in South Bend may be enhanced by this regulation. Section I. Chapter 20, Article 1, Section 20-20 of the South Bend Municipal Code is amended to read in its entirety as follows: See. 20 20 Reserved. Sec. 20-20 Minimum Passing Distance When Overtaking a Bicyclist. (e) Definitions: Terms used in this sections shall have the following meanings: (1) "Bicyclist" shall mean a person using a bicycle as defined in Section 20-2 (a) (4) of this Cade. (2) "Driver" shall have the meaning set forth in Section 20-2 (a) 10) of this Code. (3) "Motor rehicle" shall have the meaning set forth in Section 20-2 (a) (16) of this Code. (4) "Operator" shall have the meaning set forth in Section 20-2 (a) (22) of this Code, (5) "Roadways" shall have the meaning set forth in Section 20-2 (a) (37) of this Code. Ordinance Addressing Overtaking or Passing a Bicyclist Page 2 (fj Overtaking or Passing a ]Bicyclist: The driver or operator of any motor vehicle driving on the roadways of South Bend may overtake or pass a bicyclist when there is a safe distance of not less than three feet (3') between the motor vehicle and the bicycle. (g) Returning to Original Lane: The driver or operator of any motor vehicle driving on the roadways of South Ben shall not return to the original lane until the vehicle is safely clear of the bicycle(s). (h) Compliance with Applicable Regulations in this Chapter: All drivers, operators, and bicyclists are required to comply with the applicable regulations set forth in this Chapter. (i) Violations: Any one violating this Section shall be issued notice as further addressed in Section 20-17 of this Code. The minimum fine for violating the regulations addressing overtaking or passing a bicyclist as further addressed in Section 20-20-(a) (b) shall be fifteen dollars ($ 15.00) which shall be paid through the Office of the Ordinance Violations Bureau. Section 11. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section 11I. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Council Member Gavin Ferlic Council Member at Large Member of the Common Council Council Member Tim Scott ls`District Council Member Member of the Common Council Council Member Valerie Schey 3rd District Council Member Member of the Common Council Ordinance Addressing Overtaking or Passing a Bicyclist Page 3 C�&jt John Voorde, City Clerk �l'xnza!by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of , 2012, at o'clock . m. Janice Talboom, Deputy Clerk CAS f�w 16 a e w,vgedby me on the day of , 2012, at o'clock .m. Pete Buttigieg Mayor of the City of South Bend, Indiana FRIed fn r ' IG 3 r v i C my GLE E,x •i i"C 4h .c -'y is 'd RCFEi;FED PASUD SOU TH City of South Bend PEACE ' Common Council A 1865 x 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 May 11, 2012 Karen L. White Chairperson, Committee Members of the Common Council of the Whole 4`h Floor County-City Building Tim Scott South Bend, Indiana 46601 First District Re: Substitute Bill No. 13-12 Henry Davis, Jr. Bicycle Safety Ordinance Second District Dear Council Members: Valerie Scbey Third District I am filing a substitute version of Bill No. 13-12 which adds a new paragraph (g) to District Section 20-20 addressing safety regulations when returning to the original lane. The Fourth D D Fred Fe remaining paragraphs have been re-lettered and remain the same as originally proposed. David Varner Fifth District This language is similar to the language included in Senate Bill 0101 sponsored by Senator John Broden earlier this year. That Bill was referred to the Committee on Oliver J. Davis Corrections, Criminal and Civil Matters, and was not moved forward. Sixth District I look forward to discussing these proposed safety measures with you at the Health At Large e Derek Dieter and Public Safety Committee meeting on Monday. Thank you. Gavin Ferlic Sincerely, At Large —�JJ��� : Karen L. White Gavin Ferlic G At Large Council Member at Large South Bend Common Council cc: Office of the City Clerk g MAY j^ 1 5 4a Q lot I two U % v U j O {s p7 O 5- 4?O L 4? m — 6 L � Q Q ,P P, d O a a} s - ca V a0] to 6�`"�+ N U � d,f +o U -rl A °'t7 4] L t � t4 ..� � L' U7 0_l O Q) •L i� (6 -'6 U .75 a tQ .}.1 l� C] M 4) -1 x�� r n ° s a m "L 5-4 V J spa m �U (�s 75 • • • ® • a • • '"'a ki , n q1 +� U $I- O 4-1 In q)4�) Us d }� U QU q3 tSy In _O s u 7s t6 m O O u A O S U C) O s I A L• J �* q1 U CS7 U - a.L -1- [� L lS) } N q) S U m L L p) 4-1 >) U N O O m qU) �q) m O i `� (LS .h L q) v- lid U L L 7s q) � O � qq)) lS) Z3 Us ca o o a) -Z 3 � s q) 3 a� �, _0 U }' .mss U s -Z -- C) ' s U tj V� tb U �s o u q3 1 as � 4-1 _Ile O O � 77 T q) d7 S 1 `� i ill i m Q 3 S; d A A O ® A A A A L U a] 4-1 S q] i-1 U 4-1 s d) U O ^ q] C] p 6 q) S Q q) qj A z AA ,O, O lSl 0 O ul , A-1 4-N ¢ 7L p U q) 6 75 .1 O u [6 O U U7 L5i O m U 4) q) 47 0 .O S q) z k s) }1 5-- Q lye N 421 7' 1' L L �6 �.� CS i q) Q % �4 0 � zi o o� u's m aXi o o n �, — o LAS] lz 7) � 75 ® c4 77 6 A A 0 �i ORDINANCE NO. A SECOND 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, AND APPROPRIATING TWO HUNDRED THIRTY SEVEN THOUSAND FOUR HUNDRED SEVENTEEN DOLLARS ($237,417) FROM GENERAL FUND (#101) 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. This Salary Ordinance was previously amended at the Council's meeting on January 28, 2013 as Ordinance #10220-13 to correct an error in the salary for the Financial Specialist IV position that had been carried forward since 2011. This Ordinance seeks to adjust salaries for the Police Communication Center and for other personnel in the Police Communication Center who are first responders, especially trained in public safety response protocols, in order to provide them with compensation similar to such responders in other Class Two Indiana cities. Furthermore, Salary Ordinance #10199-12-requires modification to provide two new mayoral staff positions to enhance community outreach and service to citizens. These positions are those of the Director of Community Outreach and Part Time Secretary V (1.5 FTE). Funding for these salary ordinance amendments will be through appropriation from the General Fund (#101) in the sum of$237,417.00, NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I: Amendment to Ordinance 10199-12 (a) The City of South Bend Salary Ordinance (410199-12) is hereby amended to change the maximum amounts for certain positions and to create two new positions (1.5 FTE) within the City of South Bend, Indiana with corresponding maximum compensation to be paid in Calendar Year 2013 as set forth in Exhibits A & B which are attached hereto and incorporated herein. SECTION 11. The sum of Two Hundred Thirty Seven Thousand Four Hundred Seventeen Dollars ($237,417.00)is hereby appropriated and set aside within General Fund (#101) for the purpose of funding the compensation provided in Section I of this Ordinance. SECTION 111. 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 Council hop-4ng and City Clerk ciouncg, on N3 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 -ffiC* affice J13 .11 7 st READING FEB (�6 �PUBLIC HEARING 3 rd rtor APPROVED WY CLERW'�, ��; REFERRED PASSED m .y N .M1-f dNp M U a O ai Ql N N H 1v N N N M A V C .a-1 m m uai n N W W 4 a eew 10 C N d 6 c 4 4 Cit 9 ift W H N M N M1 O i o On A + O p_ Q PM m w 6 ao a° c d w n m ca 0 LL 3EI o ai ri N a assn a � co v N w t N + 4 4 cr m N N C N V rl to r- E v d' N O a a N R G C d a O m O d O d Lr o a ui to o m o to r P 4 m c to n M a v v co` E !� C y N m o u a Q t � b F- 3 0 H o Q] Y C d .'-I tR t/1 e+l to H cn N , I CD U V 16 c V1 Cii O1 S1l 1!1 N M1 Y~ y R y C d a ui a a a` !0 R Y1 M H O N i?Vl N Vr 1h lA VF u M M h Oa N N C s} O H tp OO Vl O R VY trl r-1 H O 4 l[1 c to a ct w M m M 'v b N N d N VL VL ir1 V}VL iA i/F W F- Z w u z a � w z _ U � _ � {J a a cUU w suir ' 0 b x z z z z Spy= � F � F oo � ssss f z z z z z z o Q u u u u U City of South Bend, Indiana Proposed Mayor's Office 2013 Salary Changes Prepared-February 4,2013 Name Option#2 Factor(1=Fulf Year) 0.83 Positions Needing Funding(begin March 1,2013} Director of Community Outreach (Annual Salary$45,000) 37,500 Part-time Secretary V(20 hours)$14.50 x 1,040 hours 12,567 Total Wages 50,067 F1CA Taxes (7.65%) 3,830 Unemployment(1.00%) 501 PERF (10%of full time wages) 3,750 Health Insurance (full time only) 7,524 LTD insurance (full time only) 90 Life Insurance (full time only) 120 Parking Costs ($40 x 2 x 10 months) 800 Education &Training 500 Total Estimated Costs 67,182 2013 Original Budget 602,671 2013 Original Budget(plus above costs) 669,853 Prior Years 2012 Amended Budget 668,069 2011 Actual 636,428 2010 Actual 625,698 2005 Actual 714,136 2008 Actual 882,649 EXHIBIT B F11ed in Clerk'*. Office FEH ) CITY of SOUTH BEND PETE BUTTIGIEG, MAYOR OFFICE OF THE MAYOR February 7, 2013 Mr. Derek Dieter President, South Bend Common Council 227 W. Jefferson Blvd., Suite 400 South Bend, IN 46601. Re: Ordinance Amending 2013 Non Bargaining Employees' Salary Ordinance#10199-12 Dear President Dieter: An ordinance to amend the 2013 Salary Ordinance#10199-12 is being submitted to Council. It is hoped this ordinance will be approved by the full Council as it will enhance City government's ability to serve all citizens of South Bend. As you know,the 911 emergency dispatchers at the South Bend Police Department receive compensation less than that of similar dispatchers in other Indiana Class Two cities. These employees are highly trained and serve as the first line of response when a resident or family has an emergency. We would like these hard working persons to be paid at a rate consistent with those working in other Class Two Indiana cities. The submitted amending ordinance addresses this disparity. In addition,the ordinance seeks to create 1.5 FTE's for the Mayor's office. As you will recall from budget discussions last year,we wanted to create a Director of Community Outreach in this office. We would also benefit from the assistance of a part-time secretary. On the advice of Council members last year, we have given serious study to the staff situation in the Mayor's office and now seek your support to create 1.5 FTE positions which will highly enhance community outreach and service to citizens. This adjustment will not significantly increase the Mayor's Office budget from 2012 levels. I will make the necessary presentations to the Council at its committee meeting and public hearing, and look forward to this opportunity to discuss pay equity and community outreach. Thank you for your consideration. Sincerely, Pete Butttige 9 FEB 0 7 Z01 Mayor cc: Mark Neal CITY CLER,- :..x., 3END,IN 1400 COUNTY-CITY BUIMING a 227 W.jF.FPERsoN 130UI-XvAAll a SOUTH I3k.ND, INDL NA 466o - PHONE 574/235-926I + FAx 574/235-9892 � - 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 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; PETITION FOR ZONING VARIANCE AND SPECIAL EXEMPTION TO EXPAND INTO TATTOOING AND BODY PIERCING Petitioner David Martin Bicycle Gallery 127 W Washington ST South Bend, IN 46619 cell: 574-440-2184 Greetings, The purpose of this petition is to seek a zoning variance and a special exemption to allow a tattoo, body piercing establishment to be operated in the Central Business District and to change the maximum allowed 2 controlled uses within 1000 ft to 41 within 1000 ft. Bellow are some of the steps I will take to insure that my business will not be injurious to the public health, safety, morals and general welfare of the community. Bicycle Gallery will follow all city, county and state ordinances. To help maintain safe working practices and stay on top of the most current trends, we will also be joining the Alliance for Professional Tattooers and the Alliance of Professional Piercers. All employees will also be attending seminars at a number of conventions throughout the year. * No one under the age of 18 will be permitted to receive a tattoo, even if a parent gives consent. For piercing we will refer to the South Bend tattoo ordinance in deciding appropriate ages for various piercings. * The hours of operation will be noon to 8pm, Monday through Saturday with the exception of First Fridays where we will stay open till 9pm. The use and value of the adjacent properties will not be affected in an adverse manner as our goal is to be a part of the thriving art scene downtown. Bicycle Gallery has been working very closely with Tamara Nicholl-Smith, the Director of Downtown Business Recruitment, to reach these goals and she is in favor of how we will present ourselves in the downtown area. Also I have included a letter from the property owner showing his approval of tattooing and body piercing to be practiced at this address. David Martin 1Nv1ANA LAND TRUST 1081801 08 �k►(01 P_J17 f ,LI-,4,.T N? S-- SUITE 711 574-288-4601 574-233 -9991 TAX octo:ber 15, 2x12 To Whom this May Concern, We idave e-d 127 VA!_. t v p. Vdic 5 Cr f Bend, 1+19-1501 �_ .. y t a ua3 �L ?i3 t. i?icss , s4 VO Dlavzdd 2 iiza yin o open an art gallery. lair. Martin would also tike to do tattooing of which we are in favor of. We have had the occasion to discuss this with the 1MS Building tenants as well as DTSB have received favorable responses. Sigcerefy i iana lard r , Partene ci m Upm3� IN Y oa CO W ° p4p p1 � pm � VJ C r O O 1 a I'.I. : O !r7 � YVS x h wt eY i � •ecy � x � � x ire ��� ✓.z sec .a j cur. as�: � �, s:e . . �. 9 ��r ': .r�� izay3s•,�y_,..y � -,[ 00 C® co � cm co O TJ OM io Cb 00 O y t n 3:r ts:' e- a O *per M 0BO _Ot �. 0 O �i�sgu - •'CO.CSC�� ' �- � p sr-1Feb' J ._ � _.� _,...� �'!f1&-:. rh .:,_ y ..:.t 10•`x,-�y� 5�ea< r r4•'$ x ° Y'.: .�`'rC S�.f::, 'YR^' :'3 13T h t - 98 '[l ot O p r rF C>] �N 00 Or O 00 ©, Ott;0 F .H,> +Q O e•^ '� �•'' O. ��co 0 CX VP D q E ���,� La�O�{") lE �'� � - OG r r �•, � � t+ �, �s$+�r �es"T" .s, � �(pp O ] � #� ,r �r�d 00 pf. '�xf'�'� s # � 3°4�f+• ,w ,zs. � .d.. , a.,v.s':r -....at+.. ,.-.3'w. ',.� Off' •yy �f ` 5 ''r x'9:^'r:. .oRx.,. - iy•F r F 900 w. r :ets County Parcels Re PARCI.LID NAME_1 RMLINGAD MALLINGCIT MpILI MAILIN PROF?ADD PROP PROP Zt c D NGST GZIP 1 R PROP CITY STA P MARY 01&1008- iNVESTMEN 1428 119121-123 1 0317 T5 LLC Hamilton Av Cleveland OH 44114 MAIN South Bend IN 46601 INDIANA LAND 018-1002- TRUST 108 N Main 123 20075 #12508 Ste 710 South Bend IN 46601 MICHIGAN South Bend IN 46601 PLACE ASSOCIATE S LPC/O HOLLADAY PROPERTIE SATIN: JAMES W 018-1012- . LASKOWSK P.O.Box 122 30475 I 1331 South Bend IN 46624 LAFAYETTE South Bend IN 46601 INDIANA fAND 01 -1008- TRUST 108- 108N Main 4 0330 118 St Ste 710 South Bend IN 46601 118 MAIN South Bend IN 46601 CITY OF SOUTH BEND DEPT OF 018-1008- DEVELO County City 5033002 VAC LOT 3 RE 3002 PMENT Bldg South Bend IN 45601 MAIN 46 MICHIGAN 018-1002- STREET 101 N 111113-5-7 60076 LLC Michigan St South Bend IN 46601 MICHIGAN South Bend IN 46601 113-117 NORTH MAIN STREET 018-1008- LAND Po Box 70319 TRUST 11545 South Bend IN 46634 115 MAIN South Send IN 46601 018-1008- SIMERI 24989 8 0315 LAURA L Layton Road South Bend Itt 46614 129 MAIN South Bend IN 46601 018-1008- CEOL MOR 126 S Scott 125 127 90316 INC St South Bend iN 46601 MAIN South Bend IN 46601 MHM 129 018-1002- REALTY 2690 MICHIGAN 10 0073 LLC Twixwood Ln South Bend IN 46614 STREET South Bend IN 46601 115 018-1002- JWASHINGT 11 0078 BKf LLC P O Box 540 South Bend IN 46624 ON South Bend IN 46601 MICHIGAN STREET LLC CIO BRAD 018-1002- TOOTHAKE P.O.Box 101 12 0080 R 540 South Bend IN 46624 MICHIGAN South Bend IN 48601 CITY OF SOUTH BEND DEPT OF County City 119 018-1008- REDEVELO Bldg Room WASHINGT 13 033501 IPMENT 1200 Saufh Bend IN 46601 ON South Bend IN 46601 211 W WASHINGT DILLINGHA 64 ON 018-1008- M HILL RE Washington HOLIDAY 140321 ILLC Ct Quincy MA 2169 INN South Bend IN 46601 INDIANA LAND 018-1008- TRUST 108 N MAIN 15 033003 #11298 ST STE 711 South Bend IN 46601 INDIANA LAND 018-1008- TRUST 108 N Maln i 106108-110 160331 108/801 Suite 711 South Bend IN 46601 MAIN South Bend IN 46607 1CITY OF SOUTH BEND DEPT OF Room 1200 117 018-1008- €2EDEVELO County City WASHINGT 17 033602 PMENT Bldg South Bend IN 1 46601 ON South Bend IN 46601 SOUTH BEND TRANSPOR TATION CORP% KATHLEEN ROEMER 018-3006- CONTROLL 1400 County 180190 ER City Building South Bend IN 46601 120 MAIN South Bend IN 46601 MICHIGAN STREET 101 N 103 105-7-9 19 1018-1002- 0077 ILLC Michigan St South Bend IN " 46601 MICHIGAN South Bend IN 46601 r ]TRUST 3-117 ORTH AIN TREET 018-1008 ND PO Box 20 0320 UST 11545 South Bend IN 46634 113 MAIN South Bend IN 46624 LLEY !:RICAN NK 8 CO % NATIONAL_ CITY CORP 215 018-1012- ATTN:DON PO Box WASHINGT 21 0477 PATTON 52427 Indianapolis IN 46255 ON South Bend IN 46624 DILLINGHA M HILL RE NE COR OF LLC ATTN: 64 215 W 01 8-1012- PAULA Washington WASHINGT 22 047701 HOLLAND Ct Quincy MA 2168 ON TARGET LEASING IcORPSEE 21533 018-1002- TRANSFER lGolden 119 23 007501 NOTE Maple Ct South Bend IN 46628 IMICHIGAN South Bend IN 46601 21621 018-3006- HEBARD 216 WASHINGT 24 0171 TOWER LLC Washington South Bend IN 46601 JON South Bend IN 46601 200 0183006- ST JOSEPH County City WASHINGT 2510178 COUNTY Bldg South Bend IN 46601 ON South Bend IN 46601 TEACHERS 128 018-3006- CREDIT 128 WASHINGT 260184 UNION Washington South Bend IN 46601 ON IS Bend IN 46601 TEACHERS 018-3006- CREDIT 110 S Main 27i 019001 UNION St South Bend IN 46624 INDIANA LAND 123 018.1008- TRUST 108 N Main WASHINGT 28 033201 1081801 ISuite 711 South Bend IN 46601 ON South Send IN 46501 NORTH MAIN COR STREET WASHINGT 018-1008- LAND Po Box ON AND P9-103 2101 TRUST 11545 South Bend IN 46634 MAIN ST South Send IN 46601 1 . NORTH MAIN STREET 01 81008- LAND Po Box 300318 TRUST 11545 South Bend IN 46634 117 MAIN South Bend IN 46601 NGUYEN BAO N& 208 W 018-1008- OANH P COLFAX }208 31 0313. NGUYEN AVE South Bend IN 46601 COLFAX South Bend IN 46601 NGUYEN SAO N 8 208 W 018-1008- OANH P COLFAX 133131-135 320314 [EN UYEN AVE South Bend IN 46601 MAIN South Bend IN 46601 SOUTH— D LIC NSPOR ON 227 W 018-1008- PORAT Jefferson 126 N MAIN 33 0322 Suite 1400 South Bend IN 46601 ST South Bend IN 46601 018-1002- N KING 114 W 114 34 0070 COLFAX South Bend IN 46601 COLFAX South Bend IIN 46601 018-1002- SHEIK CARI 127 N 127 35 0074 G Michigan St South Bend IN 46613 IMICHIGAN 18outh Bend IN 46615 018-1002- YUEN KING 114 W 112 110 360071 EN COLFAX ST South Bend IN 46601 COLFAX South filN466Ol 108 COLFAX& 018-1002- AMARAL& 137 N 137 37 0072 JONAS LLC Michigan St South Send IN 46601 MICHIGAN South 601 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Pnx: (574) 235-5541 December 6, 2012 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Martin/Bicycle Gallery ABZA 12/5112 Dear Council Members: The above referenced petition of David Martin/Bicycle Gallery was legally advertised on October 28, 2012. The Area Board of Zoning Appeals gave it a public hearing on December 5, 2012, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception of David Martin/Bicycle Gallery to allow a tattoo, body piercing establishment in a "CBD" District, on property located at 127 W. Washington Street, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, ' Charles C. Bulot, C.B.O. Building Commissioner CCB/cah SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS MARYINIBICYCLE GALLERY FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY,COMFORT, COMMUNITY MORAL S'T'ANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety,traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL 13E CONSISTENT WITH THE CHARACTER OF THE DISTAWT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance,which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is bleeding into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the.Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: ADOPTED this 5TH Day of December, 2012. YES NO LO MICHAEL URBANSKI LD RA.NDAr-L MATTHYS CD JACK YOUNG GERALD PHIPPS ® ROBERT HA WLEY ® JOE VELLEMAN ® BRENDAN CR.UMLISH RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, REQUESTING THAT LOCAL MEETINGS BE HELD BY OUR U.S.SENATORS AND U.S. HOUSE OF REPRESEN'T'ATIVES SO THAT THERE ARE OPPORTUNITIES TO HEAR FIRST HAND COMMENTS ON HOW TO IMPROVE OUR IMMIGRATION SYS'T'EM the South Bend Common Council notes that on March 26, 2009, former U.S. Senator Richard Lugar introduced the DREAM Act which he co-sponsored with U.S. Senator Dick Durbin. That was a bi-partisan proposal to provide an opportunity for students to earn legal status while continuing their education and pursing careers in the United States; which then had the support of the Presidents of Indiana University,Purdue University and the University of Notre Dame; and on January 27, 2013, Senator Durbin noted that three (3) Republican and three (3) Democrat U.S. Senators were working to develop a bi-partisan immigration reform plan which would be comprehensive and would"include a pathway to citizenship';and President Obama is working on an immigration plan which has four (4) principles: "Continuing to strengthen border security; Streamlining legal immigration; Earned citizenship; and Cracking down on employers hiring undocumented workers" which are further addressed at http://www,whitchouse.eov/issues/immigation;and W" many local individuals within South Bend and organizations such as Transforming Action Through Power(TAP), a Gamaliel affiliate who works with the public to become a positive force for change, have stepped up to voice their support of"A Dream for All" Campaign which proactively encourages immigration changes; and in light of the approximate 11 million undocumented immigrants living in the United States and the ongoing discussions taking place at the federal executive and legislative levels,our federal elected officials and their staffs should consider hosting meetings on this important issue. Section I. The South Bend Common Council recognizes that over the next several weeks, very important discussions will be taking place in Washington,D.C.on the topic of immigration. Section II. The Common Council believes that since immigration is addressed at the federal level, that U.S. Senator Dan Coats, U.S. Senator Joe Donnelly, and U.S. House of Representative Jackie Walorski should host local forums, so that they can hear from South Bend residents first-hand before casting their votes. Therefore,in the spirit of transparency,openness and good government,the Common Council requests that a copy of this Resolution be sent to each of our duly elected federal officials serving in the U.S. Senate and in the U.S. House of Representatives so that public meetings can be held in South Bend. In this way, comments and needed dialogue can take place so that the best possible legislation which is fair and equitable can be achieved through this collaborative process. Section 11I. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor, with the Office of the City Clerk sending a copy to each of the federal elected officials listed in Section II herein. Tim Scott, I"District Oliver J.Davis,W- District Henry Davis,Jr.,2nd District Derek D.Dieter,At Large Valerie Schey,3 District Gavin Ferlic, At Large Dr. Fred Ferlic,4 District Kare L.White,AtlarFe Dr. David Varne 5th District Kathleen Cekanski-Farrand,Attorney ohn koorde,City Clerk Pete Buttigieg,Mayor of South Bend RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL 1 .JUNK DEALER / RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2013 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on February 21, 2013 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following businesses: A-1 Auto Parts 2014 S. Lafayette Blvd. Alternative Two LLC 700 W. Chippewa Gertrude Street Metal 3700 S. Gertrude St. Indiana Auto Parts 3300 S. Main St. LKQ Auto Parts 1602 S. Lafayette Blvd. OmniSource Corp. 7575 W. Jefferson Blvd. Republic Service of Indiana LP 2500 Green tech Dr. Schrock Aggregate Inc. 1702 N. Bendix Dr. Steve & Gene's 3109 Gertrude St. Treadstone LLC 445 N. Sheridan St. US Scrap LLC 2500 Greentech Dr. (Lot 4) US Scrap LLC 1420 S. Walnut St.(ACME) US Scrap/SB Bailing 1420 S. Walnut St. US Scrap & Recycling 1610 Circle Ave. US Scrap & Recycling 1700 W. Washington St. US Scrap & Recycling 2014-2016 W. Washington St. have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, Recycling Operations Licenses for the year 2013. WHEREAS, the. license applications for all above-referenced businesses received favorable recommendations from the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license applications for the following businesses: A-1 Auto Parts 2014 S. Lafayette Blvd. Alternative Two LLC 700 W. Chippewa Gertrude Street Metal 3700 S. Gertrude St. Indiana Auto Parts 3300 S. Main St. LKQ Auto Parts 1602 S. Lafayette Blvd. OmniSource Corp. 7575 W. Jefferson Blvd. Republic Service of Indiana LP 2500 Greentech Dr. Schrock Aggregate Inc. 1702 N. Bendix Dr. Steve & Gene's 3109 Gertrude St. Treadstone LLC 445 N. Sheridan St. US Scrap LLC 2500 Greentech Dr. (Lot 4) US Scrap LLC 1420 S. Walnut St. US Scrap/SB Bailing 1420 S. Walnut St(ACME). US Scrap & Recycling 1610 Circle Ave. US Scrap & Recycling 1700 W. Washington St. US Scrap & Recycling 2014-2016 W. Washington St. are approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau as evidenced by the Ordinance Violation Bureau Clerk's communication to the City Clerk dated February 21, 2013. Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Member of the Common;C cil Filed in rlfok'4. w�ice FEB 2 0 4(p PRE SENT ED d NO'S RPM .._,�T, Lcryy CLERk, AD0P+LED pUTfir 8 t*A PEACE l8b5 face of the City Clerk Johan Voorde, City Clerk February 20, 2012 Derek D. Dieter, President South Bend Common Council 227 W.Jefferson RM 455 South Bend, IN 46601 Dear Mr. Dieter Renewal applications for the operation of Scrap Metal/Junk Dealers/Recycling Operations have been received. In accordance with procedure for the renewal of city business licenses, these applications were submitted to the Police Department, Fire Inspection Bureau,and Department of Code Enforcement for inspection. The following properties were inspected: A-1 Auto Parts 2014 S. Lafayette Blvd. Alternative Two LLC 700 W. Chippewa Gertrude Street Metal 3700 S. Gertrude St. Indiana Auto Parts 3300 S. Main St. LKQ Auto Parts 1602 S. Lafayette Blvd. OmniSource Corp. 7575 W.Jefferson Blvd. Republic Service of Indiana LP 2500 Greentech Dr. Schrock Aggregate Inc. 1702 N. Bendix Dr. Steve&Gene's 3109 Gertrude St. Treadstone LLC 445 N. Sheridan St. US Scrap LLC 2500 Greentech Dr. (Lot 4) US Scrap LLC 1420 S. Walnut St. (ACME) US Scrap/5B Bailing 1420 S.Walnut St. US Scrap& Recycling 1610 Circle Ave. US Scrap& Recycling 1700 W. Washington St. US Scrap& Recycling 2014-2016 W. Washington St. 455 County-City Building • South Bend,Indiana 46601 •(574)235-9221 •Fax(574)235-9173 •TDD(574)235-5567 -------------------------------------------------------------------------------------------------------------..__-----------_-------------------------------- Mary Beth Wisniewski Janice Talboorn Kareemah Fowler Chief Deputy Deputy Ordinance Violation Clerk In addition, have received favorable recommendations regarding police, fire,code enforcements' Environmental compliance; also for proper maintenance of the premises and areas outside the fences, and the height and condition of the fencing. I will be present at both the committee meeting and the public hearing. I can be reached 574-245-5052 or kfowler @southbendin.gov if there are any questions or concerns before that time. Sincerely, Kareemah Fowler/Clerk, Ordinance Violation Bureau FilediC FEB 2 0 1013 1 CITY ;'�tx :� � ��,IN ` - RESOLUTION N®. Bill No. 13-18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CALLING FOR A TEMPORARY MORATORIUM ON DEMOLITION OF BUILDINGS WHICH ARE NOT A HEALTH AND PUBLIC SAFE'L'Y HAZARD a Mayor's Task Force on Vacant and Abandoned Homes has been gathering information in preparation of their upcoming Vacant and Abandoned Report; and some of the details in the preliminary draft reveal that the City of South Bend has 1,900 houses which are vacant and 1,275 which are abandoned; and 40 while the topics of demolition and rehabilitation are being re-assessed, a temporary moratorium on demolition of buildings which are not a true health and public safety hazard is an appropriate route, especially in light of the fact that each home which is slated for demolition is a cost to the taxpayers of approximately$6,000; and an open discussion of this topic and a plan of action would provide citizen engagement and create purposeful enterprise; and since there has been a significant delay in the public release of the Vacant and Abandoned Report, a temporary demolition moratorium on non-public safety hazard buildings would provide the opportunity to review and refine current policies, and procedures addressing demolition through collaborative discussion to ensure standard operating procedures on this topic. AglG awwEdie �irr 'egrd irdda, s adf : Section I. The South Bend Common Council believes that there would be a benefit through the Council's Residential Neighborhood Committee on the City's demolition policies and procedures and their standard operating procedures in this area in collaboration with the Mayor's Task Force on Vacant and Abandoned Buildings. Section Il. A temporary moratorium on the demolition of non-public safety hazard buildings for the next sixty (60) days would provide opportunities for the re-assessment of demolition policies which are in the best interests of the City of South Bend, Indiana. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Council Member' eery Davis, Jr. 1 ,0 2"d District South Bend Common 6ouncil oorde, City Clerk Pete Buttigieg, Mayor PRESENTED NOT APPROVED of South Bend �e R ,,� Common Council 1865 441 County-City Building . 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://www.soudi6endin.gov Derek D. Dieter President Oliver J. Davis Vice-President Karen L. White February 20, 2013 Chairperson, Committee of the Whole The South Bend Common Council Tim Scott 4h Floor County-City Building First District South Bend, Indiana 46601 Henry Davis, Jr. Dear Council Members: Second District Valerie Schey As you are aware, the 2"d District has one of the highest rates of home being demolished Third District by the City. I have therefore filed the attached Resolution which calls for a temporary moratorium of such demolitions unless there is a public safety hazard requiring a Fred Ferlic demolition. Fourth District I would like this .Resolution sent to the Council's Residential Neighborhoods Committee David Varner for review so that those discussions can take place now. Fifth District Oliver J. Davis I look forward to meeting with you on this next Monday. Sixth District Sincerely, Derek D. Dieter At Large Henry Davis, Jr. 2nd District Council Member Gavin Ferlic At Large Attachment Kaaren L. White At Large Filed io,. Office SIT'Cl.EM,%,40e.11 iii SEND,IN BILL NO. ORDINANCE NO, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 11 ENTITLED BLOCK PARTY REGULATIONS STATEMENT OF PURPOSE AND INTENT On June 27, 2011, the South Bend Common Council passed Substitute Bill No. 3 1-11 which set forth block party regulations. The final version represented several weeks of discussions between the City Administration and the Common Council to address the various public safety concerns associated with residential and non-residential block parties. This ordinance formally incorporates the regulations set forth in Ordinance No. 10102-11 into the South Bend Municipal Code, so that there will be a greater awareness of the governing procedures. Additionally, it incorporates a process whereby the Board of Public Works may waive block party fees for non-profit organizations who have filed a copy of their IRS document certifying their 501(c)(3) status under the Internal Revenue Code where the organization has been recognized as being exempt, along with their most recent copy of Form 990 or Form 990-EZ. The Board of Public Works will continue to be the main agency involved in reviewing public safety requirements for the temporary closing of public right-of-ways. Once an application is filed it is referred to the Police Department, the Fire Department and the Street Department for their review and recommendation to assure that such public ways are reviewed in light of public safety considerations.. This ordinance also incorporates an electronic to the Office of the City Clerk which would annually summarize the actions on all block party requests. om kiYaWaOmd by the Common Council of the City of South Bend, Indiana, as follows: Section 1. Chapter 14 of the South Bend Municipal Code is amended by the inclusion of new Article 11 which shall read in its entirety as follows: Article 10. Block Party Regulations. Sec. 14-63 Definitions. For purposes of this Article, the following definitions shall apply: (a) Block Party: An event which uses and blocks access to a public right-of-way requiring approval by the Board of Public Works. Block Party Procedure Ordinance Page 2 (b) Dort-residential Block Party: A public assembly sponsored primarily by business(es) including non-profits, having an enterprise(s) on a non-residential street for the benefit of the public. (c) ]Residential Block Party: A public assembly sponsored solely by and limited to the actual residents of a block(s) on a certain street. Sec. 14-64 Application and Fee Required to be Filed With the Board of Public Works; Limited Circumstances for Waiver of Fees. (a) At least four(4) weeks prior to a proposed residential block party or non-residential block party, an "Application for the Use of and Blocking of Access to Public Right-of-Way for a Block Party" must be properly completed and fled by an applicant per Board of Public Works procedures, which are on file in the Department of Public Works and the Office of the City Clerk. (b) The Board of Public Works is authorized to and shall charge and collect not less than the following fees for any application filed requesting the closing of a public right-of-way to vehicular traffic for purposes of holding a residential block party or non-residential block party: (1) Nan-Residential Block Party Fee $ 125.00 (2) Residential Block Party Fee $ 50.00 unless the applicant is a nonprofit organization recognized as exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code. Each nonprofit organization who applies must file a copy of the document certifying their 501(c)(3) status received from the Internal Revenue Service, along with the nonprofit organization's most recent copy of Form 990 or Form 990-EZ. All other regulations of the Board of Public Works and this Article apply to such nonprofit applicants, upon the waiver of fees being approved by the Board. (c) All applications approved by the Board of Public Works shall be subject to the Board's "Instruction Sheet"then in effect and a "Permit/Agreement"detailing the governing rights and responsibilities of the parties. Sec. 14-65 Electronic;annual Filing; With the Office of the City Clerk. The Clerk to the Board of Public Works shall be required to file electronically with the Office of the City Clerk a summary of all applications approved or disapproved by listing: date application filed; type of block party; location; disposition; fee charged; and fees waived by the last business day of each calendar year. Block Party Procedure Ordinance Page 3 Section 11. This ordinance shall be in fall force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Tim'S`i"a ; TM. ct ouMcil Member The South Bend Common Council Office of the City Clerk Vfflp m® YVMA ffMUK -Ad"- W, on the day of 2013 at o'clock . m. Office of the City Clerk d by me on the day of , 2013 at o'clock .m. Pete Buttigieg Mayor of the City of South Bend, Indiana Filed In lerk' leer 54 READING 2 l a JUIC. HEARING Y !. rd READNG CITY Cmdz r� i,) OT APPROVED '�r �akr i,�K EFERRED ASSED �Offi T of South Bend �; •a� Common Council m 1� 5 441 County-City Building ® 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9273 Derek D. Dieter http://www.southbendimgov President Oliver J. Davis February 18, 2013 Vice-President The South Bend Common Council Karen L. White 4th Floor County-City Building Chairperson, Committee South Bend, Indiana 46601 of the Whole Tim Scott Re: Block Party Regulations First District Dear Council Members: Henry Davis, Jr. Second District The attached ordinance would amend a 2011 ordinance which established procedures governing block parties. The proposed ordinance: Valerie Sch ey Third District ® Would incorporate the current regulations into the City Code so that they are Fred Ferlic readily accessible from the City's website Fourth District Would create a fee waiver process for legitimate 501(c) (3) nonprofit David Varner organizations which would require such an organization to provide proof of that Fifth District status from the IRS and filing a copy of their most recent Form 990 or Form 990- EZ return, Oliver J. Davis Sixth District All other block party regulations governing residential and non-residential block parties would apply to all applicants, including those who may have received a fee Derek Dieter waiver. In this way the public safety regulations would be enforced uniformly, with At Large e the fees charged to help off-set the actual cost to close a public street when Gavin Ferlic accommodating a block party. An electronic summary from the Clerk to the Board At Large of Public Works would also be required to be sent to the Office of the City Clerk summarizing block party requests made to the Board during each calendar year. Karen L. White At Large I look forward to discussing this with you when it is referred to the Public Works and Property Vacation Committee for review and recommendation, with a public hearing before the Common Council on March 11, 2013. Thank you. Sin Tim S tl�l in l 'Oft GQ _ 1St District Council Member L Attachment FE i1 CITY Ci.. '.-'". «. .. ..,�• SF's_ 1M BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEAD, INDIANA,AMENDING CHAPTER 14 OF TIME SOUTH BEND 1 UIVICIPAL CODE BY THE INCLUSION OF NEW ARTICLE I I ENTITLED BLOCK PARTY REGULATIONS STATEMENT OF PURPOSE AND INTENT On June 27, 2011, the South Bend Common Council passed Substitute Bill No. 31-11 which set forth block party regulations. The final version represented several weeks of discussions between the City Administration and the Common Council to address the various public safety concerns associated with residential and non-residential block parties. This ordinance formally incorporates the regulations set forth in Ordinance No. 10102-11 into the South Bend Municipal Code, so that there will be a greater awareness of the governing procedures. Additionally, it incorporates a process whereby the Board of Public Works may waive block party fees for non-profit organizations who have filed a copy of their IRS document certifying their 501(c)(3) status under the Internal Revenue Code where the organization has been recognized as being exempt, along with their most recent copy of Form 990 or Form 990-EZ. The Board of Public Works will continue to be the main agency involved in reviewing public safety requirements for the temporary closing of public right-of-ways. Once an application is filed it is referred to the Police Department, the Fire Department and the Street Department for their review and recommendation to assure that such public ways are reviewed in light of public safety considerations.. This ordinance also incorporates an electronic to the Office of the City Clerk which would annually summarize the actions on all block party requests. A9&mA&eeWf by the Common Council of the City of South Bead, Indiana, as follows: Section 1. Chapter 14 of the South Bend Municipal Code is amended by the inclusion of new Article l I which shall read in its entirety as follows: Article 10. Block Party Regulations. Sec. 14-63 Definitions. For purposes of this Article, the following definitions shall apply: (a) Block Party: An event which uses and blocks access to a public right-of-way requiring approval by the Board of Public Works. Block Party Procedure Ordinance Page 2 (b) Non-Residential Block Party: A public assembly sponsored primarily by business(es) including non-profits, having an enterprise(s) on a non-residential street for the benefit of the public. (c) Residential Block Party: A public assembly sponsored solely by and limited to the actual residents of a block(s) on a certain street. See. 14-64 Application and Fee Required to be Filed With the Board of Public Works; Limited Circumstances for Waiver of Fees. (a) At least four(4) weeks prior to a proposed residential block party or non-residential block party, an "Application for the Use of and Blocking of Access to Public Right-of-Way for a Block Party" must be properly completed and filed by an applicant per Board of Public Works procedures, which are on file in the Department of Public Works and the Office of the City Clerk. (b) The Board of Public Works is authorized to and shall charge and collect not less than the following fees for any application filed requesting the closing of a public right-of-way to vehicular traffic for purposes of holding a residential block party or non-residential block party: (1) Non-Residential Block Party Fee $ 125.00 (2) Residential Block Party Fee $ 50.00 unless the applicant is a nonprofit organization recognized as exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code. Each nonprofit organization who applies must file a copy of the document certifying their 501(c)(3) status received from the Internal Revenue Service, along with the nonprofit organization's most recent copy of Form 990 or Form 990-EZ. All other regulations of the Board of Public Works and this Article apply to such nonprofit applicants, upon the waiver of fees being approved by the Board. (c) All applications approved by the Board of Public Works shall be subject to the Board's ".Instruction Sheet"then in effect and a "Permit/Agreement"detailing the governing rights and responsibilities of the parties. See. 14-65 Electronic Annual Filing With the Offiee of the City Clerk The Clerk to the Board of Public Works shall be required to file electronically with the Office of the City Clerk a summary of all applications approved or disapproved by listing: date application filed; type of block party; location; disposition; fee charged; and fees waived by the last business day of each calendar year. Block Party Procedure Ordinance Page 3 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Tin' , Tµ- nct ouncil Member The South Bend Common Council Office of the City Clerk me& y% ld � on the day of 2013 at o'clock rn. Office of the City Clerk ' by me on the day of , 2013 at o'clock .m. Pete Buttigieg Mayor of the City of South Bend, Indiana F Filed In Clerk's Offlec. ; st READING ALIC HEARING rd READING OT AP.PROVD EFERRED A55ED City of South Bend Common Council I8G5 441 County-CityBuilding . 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 httls://wow,southbendin.gov Derek D. Dieter President Oliver J. Davis February 18, 2013 Vice-President The South Bend Common Council Karen L. White 4th Floor County-City Building Chairperson, Committee South Bend, Indiana 46601 of the Whole Scott Tim. Re: Block Party Regulations First District Dear Council Members: Henry Davis, Jr. Second District The attached ordinance would amend a 2011 ordinance which established procedures governing block parties. The proposed ordinance: Valerie Sch ey Third District e Would incorporate the current regulations into the City Code so that they are Fred I?erlic readily accessible from the City's website Fourth District ® Would create a fee waiver process for legitimate 501(c) (3) nonprofit David Varner organizations which would require such an organization to provide proof of that Fifth District status from the IRS and filing a copy of their most recent Form 990 or Form 990- EZ return. Oliver J. Davis Sixth District All other block party regulations governing residential and non-residential block parties would apply to all applicants, including those who may have received a fee At tar D. Dieter waiver. In this way the public safety regulations would be enforced uniformly, with Large the fees charged to help off-set the actual cost to close a public street when Gavin Ferlic accommodating a block party. An electronic summary from the Clerk to the Board At Large of Public Works would also be required to be sent to the Office of the City Clerk summarizing block party requests made to the Board during each calendar year. Karen L. White At Large I look forward to discussing this with you when,it is referred to the Public Works and Property Vacation Committee for review and recommendation, with a public hearing before the Common Council on March 11, 2013. Thank you. Sinc Tim S�� M w: ': . '`: .� Filed in ��VWS � ifs I 1st District Council Member FEB 18 '4:013 Attachment CITY CUtAl- 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 TIME PROPER'T'Y LOCATED AT 2221 Prairie Avenue, South bend, IN 46614 "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 matte 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 Exception be granted for the property located at: in order to permit the removal and reconstruction of Fire Station #5 located at 2221 Prairie Avenue, South Bend, IN 46614 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 Area Board of Zoning Appeals No. Filed: January 11, 2013 Notified: Hearing: February 6, 2013 Applicant: City of South Bend, Attn:John Engstrom, 235-5933 & Steve Cox, 235-7553 Address: 1316 Count City Building, 227 West Jefferson Blvd., South Bend, IN 46601 Property Address: 2221 Prairie Avenue South Bend IN 46614 Present Zoning: "MU" Mixed Use District Consultant: MPA Architects, 218 South Francis Street, South Bend, IN 46617, 288-0629 Nature of Appeal: S ecial Exception Re guest Approval of a Special Exception to allow the demolition and reconstruction and operation of Fire Station #5 on the existing property. Variance Requests. 1. From the minimum setback of 5' along Prairie Avenue to 3'. 2. From the required 50% building fagade within the setback to 37%along Prairie Avenue. 3. From the minimum setback of 20'to 30' along Ewing Avenue. 4. A variance to allow parking in front of the maximum setback along Ewing Avenue. 5. From the required Type B landscaping along Ewing Avenue to no landscaping. 6. From the required Type A landscaping along Prairie Avenue to no landscaping. 7. From the required parking landscaping along Ewing Avenue to no landscaping. Standards for Special Exception: The proposed use of this property will be the same as it has been for a number of years as Fire Station #5. This use will in no way be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The new Fire Station will not injure or adversely affect the use of adjacent property values or adjacent area therein.The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein and is compatible with the recommendations of the City of South Bend Comprehensive Plan. Standards for Variance Reguests: The new Fire Station will be larger than the existing Fire Station and located within the same property. Plans are to have a larger apparatus bay to accommodate the installation of new Gear Lockers that are not present in the existing Fire Station and equipment storage. Living quarters will be enlarged to accommodate 12 people in the upstairs sleeping quarters with accommodations for future female fire fighters. The main floor will be larger to include a quiet room, exercise room, an office, larger kitchen/dining area and a handicap accessible restroom. There will be two added covered porches and a basement to have a new TV room, mechanical and extra storage areas. Plans are to save the existing 18 inch maple tree and 18 inch blue spruce trees that are currently on the property. In order to accommodate these changes and provide for a possible future addition of another apparatus bay along the west side of the building the above variances are required. The demolition of the existing Fire Station and the construction of the new Fire Station will not injure or adversely affect the adjacent property values but will enhance their value due to a new modern and better designed Fire Station. The existing and proposed use of this property will remain as it exists today. Jahn C. Engstrom,Assistant City Engineer i T � i.ocust Rd live 5t E o 1 0 9 1 r 7 0 p =�:A ti � Carlisle St ' I _ o CAOL'CE.aCd7i A p p "" 3 .0 sot Ams3m 01 RE PN:S eels County Parcels Re MAILINGAD GRAIL MAILIN PROP_ADD PROP PROP_ c PARCELit) NAME 1 D MAiLINGCIT iNGS GZIP R PROP CITY STA ZIP BANK OF Uo Welis EMERSON 018-8154- NEW YORK Fargo Bank FOREST 1 554533 MELLON NA Fart Mil! SC 29715 JJP2 KWY South Bend IN 45614 018-8075- ANTONY 14118 DAY 2335 212869 JOSEPH RD Mishawaka IN 46545 PRAIRIE South Bend IIN 46614 ALVAREZ TO-VAC MIGUEL L140 018-8104- ANGEL& 2237 S Olive 40X130 3 3957 MARIA D St South Bend IN 46613 OLIVE South Bend 11N 46619 4 4197 FROIL 227 W 018-8075- Jefferson 2221 5 287501 Blvd South Send IN 46601 PRAIRIE South Bend IN 46601 018-8154- 24501 2334 6 553401 Eco rse Rd Taylor MI 48180 PRAIRIE South Bend IN 46614 AN 018-8109- CORPORAT 2400 Miracle 18 OLIVE 75420 ION Lane Mishawaka IN 46545 80X120 South Bend IN 46614 RMD REAL 4202 018-8111- ESTATE Technology VAC LOT 22 8 4201 LLC Dr South Bend IN 46628 PRAIRIE South Bend IN 46614 AN 018-8109- CORPORAT 2400 Miracle 18 OLIVE 95421 ION Lane Mishawaka IN 46545 59X88 South Bend IN 46614 12315 EMERSON 018-8154- WILLIAMS Emerson FOREST 10 554532 TANGE R. Forest Pkwy South Bend IN 46614 PARKWAY South Bend IN 46613 WALSH 018-8075- ENTERPRIS 55915 2314 W 112873 ES INC Bredery Rise Mishawaka IN 46545 EWING South Bend IN 46613 WALSH 018-8075- ENTERPRIS 55915 18 EWING 122874 ES INC Bredery Rise Mishawaka IN 46545 AVE South Bend IN 46613 018-8075- ANTONY 14118 DAY 13 287201 JOSEPH RD Mishawaka IN 46545 18 PRAIRIE South Bend IN 46613 WALSH 018-8075- ENTERPRIS 55915 142870 ES INC Bredery Rise Mishawaka IN 46545 2322 OLIVE South Bend IN 46628 WALSH 018-8075- ENTERPRIS 55915 2314 W 15 2871 ES 1NC Braden Rise Mishawaka IN 46545 EWING AVE South Bend IIN 46613 ASTEFAN 018-8109- KHIRALLA& 1144 Court 164121 NANI K G Bartlett IL 60103 2307 OLIVE South Bend IN 46614 2311 018-8099• ZOCK Highland 2311 20 376701 GERALD T Ave South Bend JIN I 46613 HIGHLAND South Bend JIN 1 46613 LT 334 018-8099- ZOCK 2313 W ON 21 3781 GERALD T EWING South Bend iN 46613 JJHVC IGHLAND South Bend JIN 46613 VAC LOT 016 8099- ZOCK 2313 W 333 ON 22 3782 GERALD T EWING South Bend JIN 1 46613 HIGHLAND South Send 1N 46613 2304 VAL; Oi8 8099- ZOCK 2313 W LOT 332 ON 23 3783 GERALD T JEWING South Bend IN 46613 HIGHLAND South Bend IN 46613 018-8099- BASTIDA 2225 W 1118 EWING 24 3784 FELIPE Ewing St South Bend 1N 46619 42X95 South Bend IN 46615 018-8099- BASTIDA 2225 W 2225 25 3785 FELIPE Ewing St South Bend IN 46619 EWING South Bend JIN 46615 L 378-8099- BASTIDA 2225 W VAC LOT 26 86 FELIPE Ewing St South Bend IN 46619 EWING ST South Bend IN 46615 018-8099- ER HOMES Roosevelt 2219 27 3787 LLC Rd South Bend IN 46614 EWING South Bend IN 46613 59244 018-8099- MORMAN Skyview 112215 28 3788 SCOTT D Drive South Bend IN 46614 EWING South Bend JIN 46613 018-8099- ROD AND 61405 Myrtle 112203 291379D GUN CLUB Rd South Bend IN 46614 EWING S 46613 018-8099- ROD AND 61405 Myrrle 2203 W 30 3791 GUN CLUB Rd South Bend IN 46614 EWING South Bend IN 46613 16 VAC L323 018-8099- SALAZAR 48X114 31 3780 LETISIA 12221 Carlisle Isouth Bend 1N 1 46619 CARLISLE South Bend JIN 1 46618 018-8075• ERIN REAL 3019 2102 3212858 ESTATE Michigan St South Bend IN I 46613 PRAIRIE South Bend IN 46613 2311 018-8099- ZOCK Highland 33 3767 GERALD T Ave South Bend IN 46613 2224 OLIVE South Bend IIN 46613 018-6099- ZOCK 2313 W 112304 34 3770 GERALD T EWING South Bend IN 46613 HIGHLAND South Bend IIN 46613 018-8099- JGERALD OCK 2313 W 314 ON 35 3771 T JEWING South Bend JIN 46613 HIGHLAND South Bend IIN 46613 018-8099- OCK 2313 W 315 ON 36 3772 ERALD T EWING South Bend IIN 46613 HIGHLAND South Bend IN 46613 018-8099- KATHLEEN Marquette HIGHLAND 37 3773 ANNE Ave South Bend JIN 46617 AVE South Bend IN 46613 2226 018-8099- ZOCK 2313 W HIGHLAND 3813774 GERALp T EWING South Bend JIN 46613 AVE South Bend IN 46613 GEDORN RODNEY G 018-8099- & 2220 2220 393776 JUDYMISC Highland Av South Send IN 46613 HIGHLAND South Bend IN 46613 VAC:018-8099- RODNEY G 2220 1-320 42X95 4013777 &JUDY Highland Av South Bend IN 46613 HIGHLAND South Bend IIN 46613 018-8099- SALAZAR 122411 Carlisle 1-321 44X95 4i 3778 LETISIA St South Bend IIN 48619 HIGHLAND South Bend JIN 46619 018-8099- SALAZAR 2221 42 3779 LETISIA 2221 Carlisle South Bend IIN 46619 CARLISLE South Bend IIN 46619 RMD REAL 018-8111- ESTATE 535 EWING LOT 43 4191 LLC Parkovash South Bend 11N 46617 G South Bend IN 46634 4202 018-8154- WOLDHAVE Technology 44 1 5545 N LLC Dr South Bend iN 46628 18 EWING South Bend IN 46634 018-8111- MITSCHELE 21'12 W 2112 W 45 4190 N DERICK S Ewing Ave South Bend IIN 46613 EWING AVE South Bend IN 46613 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAx: (574) 235-5541 February 7, 2013 The honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE. Petition for Special Exception of the City of South Bend ABZA 2/6/13 Dear Council Members: The above referenced petition of the City of South Bend was legally advertised on January 18, 2013, The Area Board of Zoning Appeals gave it a public hearing on February 6, 2013, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception for the City of South Bend to allow a Fire Station in a"MU" Mixed Use District, on property located at 2221 Prairie Ave., is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing,and will be forwarded to you at a later date,to be made part of this report. Sincerely, or AF Charles C. Buiot, C.B.O. Building Commissioner CCB/cah SPECIAL EXCEPTION PURSUANT 2I-09.3(D) AREA BOARD OF ZONING APPEALS CITY OF SOUTH BEND FIRE DEPARTMENT FINDINGS OFF CT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety,traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE aISTRTCT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance,which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PL-4NBECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 6TH Day of February,2013. YES NO ABSENT MICHAEL UR 3ANSKI ® RANDALL MATTHYS ABSE=NT JACK YOUNG ® GERALD PHIPPS 0 ROBERT HAWLEY JOE VELLEMAN ® BRENDAN CRUMLISH RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN TIDE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3340 DOUGLAS ROAD AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR HARRINGTON ORTHODONTICS 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 3340 Douglas Road and which is more particularly described as follows: A parcel of land being a part of the Northeast Quarter of the Northeast Quarter of Section 32, Township 38 North, Range 3 East and being more particularly described as follows: Commencing at the Northwest corner of the Northeast Quarter of the Northeast Quarter of said section 32, thence North 89 degrees 16' 18"East along the North Line of said Section 32, 140.70 Feet; Thence South 00 degrees 12 ` 28" West, 45.01 Feet to the point of beginning; thence North 89 degrees 16' 18"East parallel to the North Line of said Section 32, 188.55 Feet to a point on the West Line of Douglas Road Partners Minor, recorded in Instrument Number 0917426 in the Office of the Recorder of St. Joseph County, Indiana; thence South 00 degrees 29' 43"East along said West Line of said Minor, 175.00 Feet; thence South 89 degrees 16' 18"West along the Northerly Line of Lot 3 in said Minor, 187.70 feet to the East Line of a parcel of land recorded in Deed Record 784, Page 80 in said Recorders Office; thence North 00 degrees 12' 28"East along said East Line, 175.02 Feet to the point of beginning, said parcel containing 0.75 acres,more or less, and subject to all right-of way, easements, covenants, and restrictions of record. and which has Key Numbers 02-2023-054801 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 WI,IER.EAS, 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 I. 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 IL The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of three (3) 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 se q. SECTION III. 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 Hied 1nt' `s- C0 PRE5ENTED hiOT APPr20YE€) CITYC LE Ft,.sOt.-Irv, 3END,IN �,DOPTM 227 W. EFFER,ON BOULEVARD a ,,s4 € :: ..'` ] � , � ./, . 4� PHONE:574{235-9371 SUITE 1400 S. E. ` i/%+� FAX:574/235-9021 SOUTH BEND,IN 46601-1830 !K W �\H:acE���� CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY INVESTMENT SCOTT FORD,EXECUTIVE DIRECTOR Council Member Henry Davis, Chairperson February 20,2013 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: Harrington Orthodontics Dear Council Member Davis: Harrington Orthodontics previously filed a petition for property located at 3340 Douglas Road.The petitioner proposes to construct a 3,600 square foot office building for a tenant, Dr. Chad Harrington. If approved the abatement would be an exception to policy as office buildings are not targeted for abatement in that location. The estimated cost of the new building is$850,000.At the time the company filed their initial petition they did not have information about their contractors which is needed to set the term of their abatement. They supplied that information on February 20, 2013, and they qualify for a three year abatement. Attached is the point schedule. Attached also are the answers to questions 24 and 25 of the petition which were originally left blank. Total taxes to be paid during a three year term are estimated at$32,325. Total taxes to be abated during a three year term are estimated at$43,648. Per the original petition,the project will create one full time and one to two part time positions with total wages estimated at$40,000, and it will maintain thirteen jobs with a payroll of $521,000. A representative of the Petitioner will be available to meet with the Committee on Monday,March 11,2013. Should you or any of the other Council members have any questions concerning the report,or need additional information, please feel free to call me at 2359278. Sincerely, Kathy Hahn Analyst- Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Don Inks MANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES JUIN KAIN PAMELA G.MnTR DONALD E.INKS 20-Feb-13 Public Benefit Points Summary Qualify Earned Available Public Benefit Item: Y or N Points Points Prolect 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 Plan N 0 36 Sub-total Project Related: 0 120 2. _Super Size Proiects_(point values are cumulative): A. 100%to 199% N 0 25 B. 200%to 299% N 0 68 C. 300%to 399% N 0 65 D. 400%and Over N 0 52 Sub-total Super Size Projects: 0 210 3. Construction Related: A. Employ Local Companies N 0 20 B. Purchase Materials from Local Companies N 0 20 C. Require Employees vs. Independent Contracts N 0 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits Y 22 22 F. Require Pension Benefits N 0 18 G. Maintain Affirmative Action Plan N 0 20 Sub-total Construction Related: 22 141 4. Wage&Benefit Related: A. TPay 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 S. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan N 0 35 D. Provide Targeted Hiring Preference N 0 34 Sub-total Workforce Related: 83 152 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: 196 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 Proyects: 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: 196 Base Years of Abatement 3 Additional Years of Abatement: 0 Total Years of Abatement: 3 o M O O to LC) o M O M to Lo O a) M � O N CO LO M ONf, !• tt � � N Z � 00 d' N M ca to d' O 0) �t Cfl It r 06 M r N M c N N N N N Or N m {n I- N r1' O 0 NOOOO a NO N U) (0 x o V co r 00 O CO LI O LO Lo I~ 00 00 >~ �r N Ct CO O co Ln 00 co rn co 00 CD N O) L6 M --zr 00 CD _ 0 N CD Li) Nd O O r r Nil] �f M r O N I~ 't r — N N N r I~ V N X00 0 ` QOOO o 000 Cf) OLO to 'IT M O O O CD ]• P, C D X Cl N N fl- OD OD O O m LC) LO 0 CD CD Z x C7 M co m * Uh O r }' N N N r r 06 to L{) Lo Lo N Lo h � N N o O N N N ti U ._ 5 N U X CO Q N O m hems : C O O O O a LC) O ct U) CA � � � � �' � Ei' M > ® Q) D a) O O r— O CO N t+ C N N v X N N N � E r E V Lo 0 O co M CD CD M Z 'p m Cl) M m 4) X y m N N "*. M O N N M N a ~ N L6 L6 Lri vi ca N N ro Co I` � °' o ~ (D L mC X O 0 000 0 0 0 ' y O O 0 O Q i [n to m X -C Ua LU (y0 � CL Ct . CO � (D C M C c CO y . O �- 0 U 3 r N M CU -C7 . > W N ( N a O a a_ M a) 3 0 a ° L O L!) 9 C 0) N O lfj O O a) M O C LO X N E O @Uuyl ca U Q M 3 Z U) Q 0 U w _ ZD c a � m � a m m m E � j =) X XL xma) Lm cl) CL y y 0 Q) N ca X Q3 x L m [U m ML y » 0 a3 � CD OO X D a7 N }" a) �_ a) f6 GC ¢ ¢ Co CO fl y � Z MU 0V v E (D � �. «' c o o p a o :� E o r > r alo of ONO co E.m N O e W f fy r? c O d t!1 € C> W O rcn a r O H , o in o 0 .U 0 2 I ,, I� in 1 LO � W U , O I � N ® € C4 W I 0) 0 I 124 :E: ! 0 O -1 C4 s A , r-14 w�. w. w € Pa Pa ! O i c t4 ! Cf] 4 I to Q � .� E C i r� W , � � O U� € 41 O O O € U) r 4J O C) Z Z3 CL a> UCo 3 ��! O rd 0 0 0' i H x Q to fU �.0 r x O h i .,i Q A C) C A i W Z � O m --- "7 CL ! to O m r A w CL 0 Ems. N o ' 4 N W w U r 0 � . 0 Q m a) a I H c € A U O o r "0 G O a) p O C a) i 7 ! CL.0 "o m E H w O € J m v c H H a A _ a o H rn v c 0 I W 0 Z cu r � c4 � � � O ro 3 4) fL I FZi x Q U --j z Z o ._ cn H a I co o Q to E to O C) of C-5 �t ui CD t- aC6 ci 5 0 t C) d vi � m 0 N 2 CL O- CC Q. cLS C E O c 0 0 Z _ M u E O d d Q1 M T 0 O -0 -� :s Q M r...te 0 _ c� w.. C © E C O p? U t4 O L O rr O Q. O (, CA: a id ro u`n, E O o CL p 0 - 0 o ,$ . U � � O U •� O N -0 0 4s s ce N O 3 to O O n. n. n• n• .a w -C Q7 N _ >i Z Z L w �. R w �. � c,,�— Q o 0 0 0 0 0 0 ,101 E CL 0 co M .2 0 .; ° C: •- V dai � Y o co w = >% ❑ i O O O n. n, n, U N CL O G� 0 0 O E a p - � E c ; - �. 0 a ". m M � � c o `0 -0 E .S N N om ' N o � O , , O U N Y A 0� O 0 O CL �. O LL 0 u � c� CD O c 4) O �. 0 N O t1 'O E c O N Q) n• ct• n. n. n. u 0 r- u L 0 O © a` 0 Z 0 b Gi cn (D O O K U ca C N L S , ") � (4 04) 0 7, U U N L M i = O O O O O O O S O 0 P4 Q "_ O M >n O o M �n O tlJ o U O N C _ C CL O w-. O U rQi i r vii ur sir vii b' o tai)• ° o b — +L� U W 44 O O o O 0 V Q07 U '� U J 1 H � O d' � h O 4} O O C 'cc E rl U U �} 04 tir O m •� Q CD w O O `4.- ✓ Q) 4 -ri 0 0 N B C En U M H � tp U A O � � H (0 D M 0 -gyp s M Q) O O � Q+ W U LQ r—i -! O CL RS rcA fU rr O., E 3-ri O X rd -,•i = . . Qy O O LO -O JJ L� �1 Cj W > 9 A _ 0 c M C L C ` '� A {6 � r�"I rU�] U] '� ri J CL — O I� L w N O C 4 r—I iw Sys Q1 QJ 0 U Q u 0) d c(13 O r •ri O O w CO V U a M W O0 0 CL Q Z O N _O E -H 7 ¢ r O (n Q C r, I— U F CO L O ca a) c4 > U] O O O O O rd 'r.. s` 0 09 H h a cn c c c 3 n. M > R o �- r; L N � ui Z V o 0 tea m cV J Z 0 CC