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Home My WebLink About24-04- Resolution Authorizing Purchase of Kelly’s Pub 1150 E. Mishawaka Ave. County-City Building Phone 311 inside City limits 227 W Jefferson Blvd,Suite 1400 S $O13TH 8Z, Em ail 311@southbendin.gov South Bend,fN 46601 04 Website Southbendin.gov James Mueller,Mayor —7_ U 1 �` \ PEACE - ��`� '" '� Filed in Clerk's Office % �k 6� MAR 0 6 2024 City o f South Bend Bianca Tirado Y City Clerk, South Bend, IN Department ofCom in unity In vestm en t March 6,2023 Honorable Troy Warner 4`h Floor,County-City Building South Bend,IN 46601 RE:Resolution Authorizing Purchase of Kelly's Pub 1 150 E.Mishawaka Ave. Dear Mr.Warner, Enclosed is a Resolution affirming the interest of the City of South Bend to purchase 1 150 E. Mishawaka Ave.,which is currently the site of Kelly's Pub.The property has been a point of neighborhood concern due to multiple shootings occurring at or near the property in recent years and a history of frequent police calls to the pub. In December 2023,after another shooting,neighbors organized a meeting between nearby neighbors,city officials,and Mr.Kelly, the owner of the pub. Out of that meeting,City staff began the conversation to purchase the property. City staff believe it would be beneficial for the City to purchase the property for four primary reasons: 1)The property has had numerous safety issues over the past several years,and while a City purchase would not completely solve the issue, it would significantly improve the safety of the surrounding area. 2)The property has been quietly listed for sale for some time,with the most likely purchaser to continue operating a bar in a similar manner. The City's purchase allows the City to control the future of the property and ensure an eventual future owner will be capable of better securing the property. 3)The commercial area immediately surrounding Kelly's Pub has seen recent organic business growth over the past half decade with the expansion of established and opening of new small businesses including but not limited to Cloud Walking Café,Oh Mamma's Cheese Shop,Ironhand Winery,the Armory,and K Fit. The site would be prime for eventual redevelopment and would become a key property in the City's portfolio. City of South Bend ('ommunityInvestment 4)The City is in the planning stages for streetscape improvements to Mishawaka Ave.and improvements to the Beyer/Longfellow/Mishawaka Ave. intersection. It would be beneficial to have control of Kelly's during the planning and construction of those improvements. The Resolution declares the Common Council's interest in the purchase of the property and authorizes the Board of Public Works to purchase the property in accordance with I.C. 36-1- 10.5-5. Please include the attached Resolution at your March 1 1th Common Council meeting for public hearing as well as placing it on the Community Investment Committee agenda on March 1 1 th as well. If you have any questions,please feel free to contact our office. Sincerely, Joseph Molnar Joseph Molnar Property Development Manager CC:Bob Palmer Filed in ClerSoik', ffiCe BILL NO. 24-04 ClMAHer , 0 64 2024 RESOLUTION NO. Bianc �i i City kCt ul t N A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING THE PURCHASE OF REAL PROPERTY LOCATED AT 1150 E MISHAWAKAAVE, SOUTH BEND, INDIANA WHEREAS, on March 12, 2024, the Board of Public Works of the City of South Bend, Indiana (the "Board"), is expected to vote on a Resolution, attached hereto as Exhibit 1, recommending the purchase of real estate located at 1150 E Mishawaka Ave., South Bend, Indiana (the "Property"), which will include copies of the two requisite appraisals in accordance with Ind. Code 36-1-10.5; WHEREAS, pursuant to Ind. Code 36-1-10.5-5 (1), the South Bend Common Council desires to declare and affirm its interest in the purchase of the Property and to approve the Board's purchase of the Property in accordance with Ind. Code 36-1-10.5. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: Section I. The Common Council hereby declares and affirms its interest in the purchase of the Property and approves and authorizes the Board to purchase the Property in accordance with LC. 36-1-10.5. Section II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Bianca Tirado, 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 , 2024, at o'clock .m. Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2024, at o'clock .m. James Mueller, Mayor City of South Bend EXHIBIT 1. Board of Public Works Resolution Filed in Clerk's Office MAR 0 6 2024 RESOLUTION NO. Bianca Tir,c��, City Clerk, Souhl,fief, J, IN A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND,INDIANA, REGARDING THE PURCHASE OF REAL PROPERTY LOCATED AT 1150 E. MISHAWAKA AVE., SOUTH BEND, INDIANA WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") has custody of and may maintain all real property owned by the City of South Bend, Indiana (the "City")pursuant to I.C. 36-9-6-3; and WHEREAS, the City, acting by and through the Board, may purchase land or structures in accordance with the procedure stated in I.C. 36-1-10.5; and WHEREAS, on March 11, 2024, the South Bend Common Council approved Resolution pursuant to I.C. 36-1-10.5-5(1), and the Board intends to purchase the real property located at 1150 E. Mishawaka Ave., South Bend, Indiana, and more particularly described in attached Exhibit A(the"Property"); and WHEREAS, the Board has obtained two (2) appraisals, attached as Exhibit B, of the fair market value of the Property in accordance with I.C. 36-1-10.5-5(2); and WHEREAS, the Board believes it is in the best interest of the City and its residents to purchase the Property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. The Board hereby appoints Mr. Joseph Molnar, of the Department of Community Investment and a member of the Board, as the Board's authorized representatives in pursuing the purchase of the Property and delegates to each of them all necessary authority to serve in the Board's place as purchasing agent under I.C. 36-1-10.5. 2. The Board hereby approves and will execute simultaneously with this Resolution the form of purchase agreement attached hereto as Exhibit C. The Board instructs Mr. Molnar to deliver a signed copy of the purchase agreement to the owner of the Property. 3. The Board acknowledges that its authority to consummate the purchase of the Property, including the authority hereby delegated to Mr. Molnar, is expressly conditioned upon South Bend Common Council's approval of the purchase through Resolution in accordance with I.C. 36-1-10.5-5(1). 4. This Resolution shall be in full force and effect upon its adoption. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on March 12, 2024, at 1308 County-City Building, 227 West Jefferson Boulevard, South 1 Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Joseph R. Molnar,Vice President Murray L. Miller,Member Gary A. Gilot,Member Breana N. Micou,Member ATTEST: Theresa M. Heffner, Clerk 2