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Home My WebLink About05-28-2024 AGENDA PACKET MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: BIANCA L. TIRADO, CITY CLERK DATE: THURSDAY, MAY 23, 2024 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Tuesday, May 28, 2024: Howard Park Event Center, Room B 219 S. St. Louis Blvd. South Bend, IN 46617 The Council Chambers will be Open to the Public. Members of the Public may Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/052824CC 5:45 P.M. PUBLIC WORKS & PROPERTY VACATION CHAIRPERSON, NIEZGODSKI Substitute Bill No. 20-24 - Amending Ordinance No. Chapter 18, Article 5, of the South Bend Municipal Code Bill No. 22-24 - Alley Vacation 515 North Hill Street 6:15 P.M. COMMUNITY INVESTMENT CHAIRPERSON, WARNER Bill No. 24-17 -Confirming Resolution - Tax Abatement - Cross Community, Inc 6:30 P.M. PARC COMMITTEE CHAIRPERSON, LEE Update – Macey Hanna – Venues, Parks, and Arts Recreational Experiences Council President Sharon L. McBride has called an Informal Meeting of the Council which will commence immediately after the adjournment of the PARC Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, S. 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 1 SOUTH BEND COMMON COUNCIL M EETING A GENDA Tuesday, May 28, 2024 7:00 P.M. The South Bend Common Council meeting will be open to the public at Howard Park Event Center – Room B, 219 S. St. Louis Blvd., South Bend, IN 46617 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/SBCC052824 1. INVOCATION – DR. JOE FANT, COMMUNITY BAPTIST CHURCH 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES MAY 13, 2024 | AUGUST 14, 2023 | JUNE 12, 2023 | OCTOBER 9, 2023 5. SPECIAL BUSINESS A SPECIAL PROCLAMATION AWARDED BY THE SOUTH BEND COMMON COUNCIL HONORING THE ST. JOSEPH HIGH SCHOOL BOYS’ BASKETBALL TEAM 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE TIME:_____ BILL NO. 20-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18, ARTICLE 5, TO UPDATE THE PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES (SUBSTITUTE) 2 22-24 PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY ALLEY AT 513 NORTH HILL STREET BEGINNING AT A POINT IN THE WEST LINE OF HILL STREET (66’ R/W); SAID POINT BEING A DISTANCE OF 198.12’ NORTHERLY OF THE NORTH LINE OF CEDAR STREET (82’ R/W)’; ALSO THE POINT BEING THE NORTHEAST CORNER OF PARCEL BEARING ST. JOSEPH COUNTY INDEX NUMBER 018-5008-019 8. BILLS ON THIRD READING TIME:______ BILL NO. 20-24 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18, ARTICLE 5, TO UPDATE THE PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES (SUBSTITUTE) 22-24 THIRD READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY ALLEY AT 513 NORTH HILL STREET BEGINNING AT A POINT IN THE WEST LINE OF HILL STREET (66’ R/W); SAID POINT BEING A DISTANCE OF 198.12’ NORTHERLY OF THE NORTH LINE OF CEDAR STREET (82’ R/W)’; ALSO THE POINT BEING THE NORTHEAST CORNER OF PARCEL BEARING ST. JOSEPH COUNTY INDEX NUMBER 018-5008-019 9. RESOLUTIONS BILL NO. 24-17 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 728 HARRISON AVENUE, SOUTH BEND, INDIANA 46616 AN ECONOMIC REVITALIZATION AREA FORPURPOSES OF A FIVE-YEAR (5) REAL PROPERTY TAX ABATEMENT FOR CROSS COMMUNITY, INC 10. BILLS ON FIRST READING BILL NO. 23-24 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 620 SOUTH SAINT JOSEPH STREET COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 24-24 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 718, 724, AND 730 TURNOCK 3 STREET COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 25-24 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 215 WEST MARION STREET, 502, 506, 530 NORTH LAFAYETTE BOULEVARD AND VACANT LOT NORTH OF 506 NORTH LAFAYETTE BOULEVARD COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 11.UNFINISHED BUSINESS 12.NEW BUSINESS 13.PRIVILEGE OF THE FLOOR 14.ADJOURNMENT TIME: _________ Notice for Hearing and Sight Impaired Persons Auxiliary Aid Or Other Services Are Available Upon Request At No Charge. Please Give Reasonable Advance Request When Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the officiate is the English version. Any discrepancies which may be created in the translation are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. 2024 COMMON COUNCIL STANDING COMMITTEES (Rev. 03-21-2024) 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. Troy Warner, Chairperson Sherry Bolden-Simpson, Member Rachel Tomas-Morgan, Vice-Chairperson Kaine Kanczuzewski, Citizen Member Ophelia Gooden-Rodgers., Member Thomas Gryp, 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. Ophelia Gooden-Rodgers, Chairperson Sheila Niezgodski, Member Canneth Lee, Vice-Chairperson Sherry Bolden-Simpson, 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 Troy Warner, 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. Rachel Tomas Morgan, Chairperson Troy Warner, Member Dr. Oliver Davis, Vice-Chairperson Savino Rivera, Citizen Member Karen L. White, Member Frank Spesia, Citizen 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 Sherry Bolden-Simpson, Vice-Chairperson Maria Gibbs, Citizen Member Kate Berlent, 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 Dr. Oliver Davis, Member Troy Warner, Vice-Chairperson Rachel Tomas Morgan, 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 Karen L. White, Member Troy Warner, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member Citizen Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Dr. Oliver Davis, Member Karen L. White, Vice-Chairperson Sherry Bolden-Simpson, Member Jason Piontek, Citizen Member Carl Littrell, Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Ophelia Gooden-Rodgers, Member Canneth Lee, Vice-Chairperson Sheila Niezgodski, Member Amika Micou, 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. Sherry Bolden-Simpson, Chairperson Troy Warner, Member Dr. Oliver Davis, Vice-Chairperson Ophelia Gooden-Rodgers, Member Joseph Mayer, Citizen Member Dr. Janet J. Evelyn, 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. Dr. Oliver Davis, Chairperson Sheila Niezgodski, Member Ophelia Gooden Rodgers, Vice-Chairperson Karen L. White, Member Stacey Odom, 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 Sherry Bolden-Simpson, Member 2024 COMMON COUNCIL STANDING COMMITTEES (Rev.03-21-2024) CANNETH LEE, 1ST District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Personnel & Finance Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Information & Technology Committee, Member Community Relations Committee, Vice-Chairperson OPHELIA GOODEN-RODGERS, 2nd District Council Member Community Relations Committee, Chairperson Utilities Committee, Member Zoning & Annexation Committee, Vice-Chairperson Residential Neighborhoods Committee, Member Community Investment Committee, Member SHARON L. MCBRIDE, 3rd District Council Member President Council Rules Committee, Member TROY WARNER, 4TH District Council Member Community Investment Committee, Chairperson Health & Public Safety Committee, Member Personnel & Finance Committee, Vice-Chairperson Utilities Committee, Member PARC Committee, Vice-Chairperson Sub-Committee on the Minutes, Member Council Rules Committee, Member SHERRY BOLDEN-SIMPSON, 5TH District Council Member Utilities Committee, Chairperson Community Relations Committee, Member Information & Technology, Vice-Chairperson Community Investment Committee, Member Public Works & Property Vacation Committee, Member Sub-Committee on Minutes, 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 Community Relations Committee, Member DR. OLIVER DAVIS, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Public Works & Property Vacation, Member Utilities Committee, Vice-Chairperson PARC Committee, Member Health and Public Safety Committee, Vice-Chairperson RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson PARC Committee, Member Health & Public Safety Committee, Chairperson Personnel & Finance Committee, Member Committee Investment Committee, Vice-Chairperson KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Health & Public Safety Committee, Member Public Works & Property Vacation, Vice-Chairperson Zoning & Annexation Committee, Member Personnel and Finance Committee, Member Bill No. 20-24 County-City Building Phone 311 inside City limits 227 W Jefferson Blvd,Suite 1400 S iQUTH$ Email 311@southbendin.gov South Bend,IN 46601 Website Southbendin.gov James Mueller,Mayor W PEACE Filed in Clerk's Office 665 _. MAR 2 fl 2024 City of South Bend Bianca Tirado City Clerk,South Bend, IN Department of Community Investment March 20,2024 Mrs. Sharon McBride President, South Bend Common Council 4th Floor County City Building South Bend IN 46601 Re: An Ordinance of the Common Council of the City of South Bend, Indiana, amending Ordinance No. Chapter 18, Article 5, of the South Bend Municipal Code, Dear President McBride: Attached for filing with the South bend Common Council is a ordinance amending Chapter 18, Article 5,of the South Bend Municipal Code provides the procedures for a property owner within the City to vacate all or part of a City street, alley, or other public place or way. Recently, challenges have been identified in the administration of this process by the Common Council,the Clerk's Office,and City employees. The proposed amendment will provide for: increased opportunities for education by City staff members with property owners seeking a property vacation in order to ensure that proceeding with a vacation is an appropriate solution. will incorporate Engineering review of utilities in the area of the vacation request and preparation of a radius map, legal description, and list of addresses within the notice range of the vacation request. the Board of Public Works to establish clear evaluation criteria to guide review of property vacation requests. notice to City departments during the review process and improve notice requirements to property owners within the block affected by the vacation request. clear timelines within which property owners must proceed to filing an ordinance for a property vacation following review by the Board of Public Works, as well as ensuring City of South Bend Community Investment post-filing review by City staff to check for any changes after Board of Public Works review. Thank you for your consideration of this ordinance. Know that plans to make the presentation to the Common Council at its committee and regular meetings. Thank you for your consideration. Sincerely, Tim Corcoran Chief Planner Enc Filed in Clerk's OfficF= MAR 2 n 2024 BILL NO.20-24 Bianca TiradaCityClerk, South Bend,ORDINANCE NO. IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 18,ARTICLE 5,TO UPDATE THE PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES STATEMENT OF PURPOSE AND INTENT Chapter 18, Article 5, of the South Bend Municipal Code provides the procedures for a property owner within the City to vacate all or part of a City street, alley, or other public place or way. Recently, challenges have been identified in the administration of this process by Common Council, the Clerk's Office, and City employees. The proposed amendment will provide for increased opportunities for education by City staff members with property owners seeking a property vacation in order to ensure that proceeding with a vacation is an appropriate solution. The proposed amendment will incorporate Engineering review of utilities in the area of the vacation request and preparation of a radius map,legal description, and list of addresses within the notice range of the vacation request. The proposed amendment will provide for the Board of Public Works to establish clear evaluation criteria to guide review of property vacation requests. The proposed amendment will provide for notice to City departments during the review process and improve notice requirements to property owners within the block affected by the vacation request. The proposed amendment will also provide for clear timelines within which property owners must proceed to filing an ordinance for a property vacation following review by the Board of Public Works,as well as ensuring post-filing review by City staff to check for any changes after Board of Public Works review. This ordinance amendment is necessary for the effective, efficient administration of the City's property vacation process. This ordinance is in the best interest of the City and its residents. NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Chapter 18, Article 5, shall be amended as follows: Sec. 18-53.X—Request for vacation; criteria,pre-application and staff recommendation; Board of Public Works recommendation 1 a) Any person interested in vacating all or part of a city street or alley or any other public place or way within the City shall initiate the process through the Engineering Department with a pre-application. The pre-application shall be evaluated based on criteria approved by the Board of Public Works. The Engineering Department and Department of Community Investment shall review the applicant request and provide a staff recommendation. b) Any request receiving a favorable staff recommendation will be forwarded to the Engineering Department and processed for an upcoming Board of Public Works agenda for the Board's review and recommendation, upon payment of a review fee of Three Hundred Dollars($300.00). The Engineering Department shall also generate a radius map highlighting the area proposed for vacation, a legal description of that same area as well as a list of addresses within 150 feet of the property, including all properties within the block containing the vacation petition, and send the request to all applicable City Departments for review. c) The Engineering Department will send requests with an unfavorable staff recommendation to the applicant including suggestions for improvement. Any person wishing to continue a vacation request with the Board of Public Works without a favorable staff recommendation, should contact the Engineering Department. d) The Board of Public Works reviews the request and provides a recommendation, including any improvements or contingencies. For favorable recommendations, the Board will include a draft ordinance for filing with the Clerk's Office. The Board Clerk shall forward a copy of all Board recommendations to the Clerk's Office within fourteen (14) days of Board action. Sec. 18-53.8. - Petition for vacation; fees; ordinance to approve. a) Within 90 days of review by the Board of Public Works,any person interested in vacating all or part of a City street or alley or any other public place or way within the city shall file a petition for vacation and a proposed ordinance approving said petition with the office of the City Clerk. The Engineering Department shall review the petition for any changes since the petition was reviewed by the Board of Public Works. Petition requests received greater than 90 days since Board of Public Works review must return to the Engineering Department for further action. b) The petition for vacation and the proposed ordinance shall be accompanied by the following when filed: 1) The nonrefundable sum of one hundred fifty dollars ($150.00) cash or check to cover costs of legal advertising,a4 recording, and related expenses. This amount shall be paid to the Ordinance Violations Bureau Clerk prior to filing the petition for vacation and proposed ordinance with the City Clerk. 2) Two (2) sets of certified, stamped, and addressed envelopes to each owner whose property is within one hundred fifty (150) feet of the exterior boundaries of such property proposed to be vacated including all properties within the block containing the vacation petition. 2 3) A brief statement as to the reason(s) for the vacation petition, the proposed use of the vacated property, a legal description of the property proposed to be vacated, and the names and addresses of all owners whose property is within one hundred fifty (150) feet of the exterior boundaries of such property proposed to be vacated, including all properties within the block containing the vacation petition. The Petitioner shall gather signatures from each property owner whose property lines will be affected by the proposed vacation. c) If a vacation proceeding under this Article is terminated, a subsequent vacation affecting the same property and requesting the same relief may not be initiated for two (2) years. Sec. 18-53.9. -Notice of petition. a) The City Clerk shall refer a copy of the petition for vacation to the Engineering Department and Department of Community Investment for review under Section 53.8(a) of this Article for a review of any utilities in the area b) The City Clerk shall simultaneously refer a copy of the petition for vacation to the Board f Public Works f r their. ritten na naatiom c) The City Clerk shall give notice of the petition and of the time and place of the public hearing as provided by State law. Sec. 18-53.10. - Public hearing. a) Within thirty(30) days of the filing of a petition for vacation with the City Clerk, the Common Council shall hold a public hearing on said petition. The Council shall consider and review all reports received from the Department of Community Investment/ Engineering Department and the Board of Public Works and shall hear remonstrances based on grounds set forth in IC 36-7-3-13. b) The Common Council shall pass an ordinance if it determines that the petition for vacation should be approved following the public hearing. c) Following approval by the Common Council and the Mayor,the City Clerk shall record, in the St. Joseph County's Recorder's office, a certified copy of the ordinance approving the petition for vacation. The City Clerk shall provide the petitioner a certified copy. d) The City Clerk shall then notify the Board of Public Works, the Staff of the Area South Bend Plan Commission, Department of Community Investment Community Development, the Engineering Department, the Bureau of Traffic and Lighting, the Street Department, the Police Department, the Fire Department, the County Auditor and appropriate Township Assessor's office, and all relevant utilities or other service providers of the vacation. Notifications shall be additionally sent to the South Bend Community School Corporation Transportation Division if the vacation involves a public street. e) The City Clerk shall pay all advertising and recording costs incurred by said vacation from the one hundred fifty dollars ($150.00) initially paid to said offce by the petitioner. If any additional money is due for such advertising and recording costs over and above 3 the one hundred fifty dollars ($150.00) fee, the petitioner shall pay the overage to the Office of the City Clerk Ordinance Violations Bureau Clerk. Upon passage of such vacation ordinance, the City Clerk shall send a certified copy to the petitioner. f) If the Common Council fails to pass a proposed vacation ordinance whose petitioner was required to provide a certified check pursuant to Sec. 18-53.8(c)(2), said check shall be returned to the petitioner. SECTION II. This Ordinance shall be in full force and effect after adoption by the Common Council, approval by the Mayor, and any publication required by law, with an effective date of July 1, 2024 Sharon McBride, President, South Bend Common Council ATTEST: Bianca Tirado, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2024, at o'clock .m. Bianca Tirado, City Clerk Approved and signed by me on the day of 2024, at o'clock .m. James Mueller, Mayor, City of South Bend, Indiana 4 p - J O N E S PETRIE RAFINSKI i Land Surveying • Civil Engineering Planning • Architecture Project Funding - GIS Environmental Renewable Energy • Landscape Architecture May 7, 2024 Filed in Clerk's Office City of South Bend, Indiana MAY 0 8 2024 227 West Jefferson Blvd. Bianca TiradoSoundBend, IN 46601 City Clerk, South Bend, IN To Whom it May Concern RE: REQUEST FOR AN ALLEY VACATION TO FACILITATE THE UNIVERSITY OF NOTRE DAME VELDMAN FAMILY PSYCHOLOGY CLINIC DEVELOPMENT LOCATED AT 515 NORTH HILL STREET Dear Members of the Common Council: The undersigned respectfully requests that the City of South Bend, vacate the alley further described in the attached petition and depicted graphically on pages two and three of this document. By vacating the alley it will facilitate the development of the Veldman Family Psychology Clinic. Specifically, parking and vehicular circulation serving the clinic will be constructed in this location. The owner and design team have coordinated extensively with the City of South Bend and utility service providers, ensuring the existing utilities can remain in place and be maintained with an easement. In addition, easement access to the northern abutting property will be maintained through the proposed site. Sincerely, e: ;;;;r0".. Andrew Cunningham Vice President j:\projects\2023 projects\2023- 0362\08_permitting and submittals\alley vacation\petition filing documents\petition letter_2024-05-07.docx 325 S.Lafayette Blvd. 222 Pearl Street South Bend, IN 46601 Fort Wayne,IN 46802 574.232.4388 260.422.2522 Bill No 22-24 Filed in Clerk's Office BILL NO. 22- 24 MAY 0 8 2024 Bianca Tired°ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: Beginning at a point in the west line of Hill Street(66' R/W); said point being a distance of 198.12' northerly of the north line of Cedar Street(82' R/W)';also the point being the northeast corner of parcel bearing St. Joseph County Index number 018-5008-0198; Thence westerly along the south line of the alley bearing S89°47'30"W for a distance of 165.07' to the terminus of the west line of the alley; Thence northerly along said west terminus of the alley bearing NOO°20'34"W for a distance of 16.97' to the north line of the alley; Thence easterly,along the north line of the alley bearing N89°45'27"for a distance of 165.02' to the terminus of the east line of the alley; Thence southerly, along said east terminus of the alley,parallel to the west line of Hill Street bearing SOO°26'18"E for a distance of 17.10' to the Point of Beginning. Containing 2,811 SF/0.064 Acre of land more or less. 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: Beginning at a point in the west line of Hill Street(66' R/W); said point being a distance of 198.12' northerly of the north line of Cedar Street(82' R/W)'; also the point being the northeast corner of parcel bearing St. Joseph County Index number 018-5008-0198; Thence westerly along the south line of the alley bearing S89°47'30"W for a distance of 165.07' to the terminus of the west line of the alley; Thence northerly along said west terminus of the alley bearing NOO°20'34"W for a distance of 16.97' to the north line of the alley; Thence easterly, along the north line of the alley bearing N89°45'27"for a distance of 165.02' to the terminus of the east line of the alley; Thence southerly, along said east terminus of the alley,parallel to the west line of Hill Street bearing SOO°26'18"E for a distance of 17.10' to the Point of Beginning. Containing 2,811 SF/0.064 Acre of land more or less. 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: 018-5008-0198 018-5023-0810 Section IV. The purpose of the vacation of the real property is the construction and development of a proposed psychology clinic, treatment, and research facility for the University of Notre Dame. 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: Bianca L. 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. Sharon L. McBride,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, Indiana Revised March 26th, 2024 UND Veldman Family Psychology Clinic Alley Vacation May 7, 2024 Page 2 of 3 EXISTING SURVEY DEPICTING PROPOSED ALLEY VACATION 1 -- - --r I oa.rurl tinµ956 y 1 T \_ An..v.I.. r I t o it IIk 2 I' EXISTING ALLEY PROPOSED Aral RV° 1, TO BE VACATED 1 J. ra7rwsn.rrwrrc—t _ " a 1 . . .- . 1 _"" rCjm-:1G_.....5 - wr4 ee't n _ 2M.r KPw 111 I 1 Bh 717 M M.9/Q1•N'f0,ANEIIIIII1 \\ 7,UX•NwrS 1 1 t, I I i f1I{,t..1.1 Bu 97NO1arivv I 8 Iy 1I `')1..al3 II =, 7,, l 1 1 1 \ 1 1 1 tyv -1 I •'I _ --- 1', I \ ffi.\: l I 1 / Jap \I lI( 1 ' 11 W9 bS t I,1 I E 3 BIIAtM 1 1 \I -1,I I1 J // 5-//--/// --/,///i;/v/i;/////;i;ii ii: '> d - 1\\ 11STT-s \ III 1 t ; I b is Y R r r I. a.No 9 v 1\I \ .SS2 ''i'i II ` i,1• Enra+u Q B 710D III!Jr iz i• Iw-1...-c Mmrro voo, I 11 -,--I111\1r - i/• 7I - 1. —ITSr-- I v;1 Z— w 1+rI1'I ! 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Cedar Strom 1 I o SpUTH 8 N 1316 COUNTY-CITY BUILDING Z PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD W d FAx 574/235-9171 SouTH BEND,INDIANA46601-1830 PEACE x 1865 CITY OF SOUTH BEND JAMES MUELLER,MAYOR Filed in Clerk's Office BOARD OF PUBLIC WORKS MAY 0 8 2024 April 23,2024 Bianca TiradoCityClerk, South Bend, IN University of Notre Dame(Represented by Jones Petrie Rafinski) 325 S.Lafayette Blvd. South Bend,IN 46601 acunningham(&,iprl source.com RE: Alley/Street Vacation—Alley at 513 N.Hill St. (Preliminary Review) Dear Mr. Cunningham: At its April 23, 2024 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. If you still wish to pursue this alley vacation, please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 4th 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. In its Ordinance, the City of South Bend Common Council included the Board of Public Works' requirement that you eliminate the alley approach by hiring a private contractor bonded with the City to tear out the approach, replace with curb, and establish a tree lawn in accordance with City standards and specifications. These updates should be made within ninety (90) days of final approval from the Common Council. Please notify us when this work is complete. If you have any further questions,please call this office at 574)235-9251. Sincerely, s/Theresa Heffner Theresa Heffner,Clerk Enclosures TH/lh ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT MURRAY L.MILLER BRIANA N.MIcou tw iHas , INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: February 16, 2024 TO: Kyle Ludlow, Public Works Kara Boyles. Engineering Zach Hurst, Engineering Chris Dressel, Community Investment Derek Erquhart, Fire Department Brad Rohrscheib, Police Department FROM: Theresa Heffner, Clerk (theffner@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS —ALLEY VACATION APPLICANT: University of Notre Dame (Represented by Jones Petrie Rafinski) LOCATION: 513 N. Hill 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/ENGINEERING: Favorable, Contingent on allowing existing utilities to be maintained COMMUNITY INVESTMENT: Favorable 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. FIRE: Favorable Recommendation POLICE: Favorable recommendation y t,THe STREET/ALLEY VACATION APPLICATION City of South Bend - Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 I s Y South Bend, IN 46601 Date: February 16, 2024 Phone#: 574-232-4388 University of Notre Dame (Represented by JPR) Name: Email: acunningham@jprl source.com Property 513 N Hill Street, South Bend Bend,Address: Applicant property information: Residential Commercial Industrial Describe the general alley location with boundaries(Ex:Church PI,between E.Colfax Ave&E.LaSalle Ave): Located north of 513 N Hill Street address, north of Cedar Street, adjacent and west of the Hill Street and South Bend Avenue intersection. Please refer to the attached map and preliminary site plan) 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 E 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 0 No school,or any other public building or place? Reason for street/alley vacation and proposed use: The alley is being vacated as part of the proposed psychology clinic development for the University of Notre Dame. Access to the west property line/existing drive will be maintained and the existing utilities that reside in the alley will be maintained. A map MUST be provided highlighting the area you would like to vacate with this application. OFFICE USE ONLY: Board Recommendation: v("Yes No CITY OF SOUTH BEND.INDIANA BOARD OF PUBLIC WORKS 4 Elizabeth A.Maradik,President Joseph R.Molnar.Vice President Gary A.Gilot.Member Briana Micou,Member 73,24„'y t u4, Murray L.Miller.Member Attest: Theresa M.Heffner,Clerk Date: _April 23,2024 s.,,,", 7_, t,.. isit t20.4_, N, • . ai. 1 4k,:;.,,..: :.-, ,.-,27.7,, 'lior'• 4\-- . c:0911111116tvirri;, R ' --- • la* „_.,, 1 , ilStr-,,, 1- 'i 2' - 1 ,, 41' A ' A. 0:••• 1,7:n: NT_, iiiKt •-/ID ALLEY VACATION 7•i , tik_A• 7-11T-EL--. ''<aiiiiailliiif:'ilalim it -.2‘ ••I ,ii. 165 LI . a. fial116111411. 4 ,,,.,: k.. 7o77.,-: ,An.ass 1-.!-- 4 F 3t . 1 , c'-47 1 4s44ii .--,, 4. 1r 018-5024-0825 1, '.s:,, •• " -- ',.. VI I a Aisrh'""i:Si.,...,hi w 4.:a 16,, ,,,. a ,,, 7 IP". •4r 1' .a.,'If •I 1.%--- - 04 44:..7-..-, , , ______ ___- J . 4.,..:•• .J.,zg.... 04?,i'',':'-.'''''';'' - I ' ' 'ti•T4..Z.V r. ' :'\' f fit_ •1 1,1,•4-te.,0,7', t''' '1 N' 0`.' l•"4"M• 'T!• ;- 1 _4 VMar' ki u lie' -4 ,i14114116,4111k. 1: ' 9-4 t 4. I • ,,....:•:;....:2-__.....a.1 1 ...tfiti=7„- A_ ....,L 84008-0201 0. -, ai hi ,.Ill"34 i g, 140WiiitaillinleffiraadVrir • , i) licir... ,fitr* VW 7 - r,..• II. - t 1r I • . I. UNIVERSITY OF NOTRE DAME, VELDMAN FAMILY PSYCHOLOGY CLINIC - ALLEY VACATION i in(Ery9TEvcror..ATTB i111 o °I u-0 a•EON:RE-E OETUL f.SSW i ' E,,E.,.. ETE TOE:. ®NI 411, III-0, ,PA„ESN. IOE.N,, 1_1if 1 i I JIZONINGSSETBACKS a•l!ZONING MSCEN-N r«Ew.N:,.ren.eoa.Omi yI4. ROIEIBtDING SETBACKSSIS.:rxAs S`Y I-PAIKIN3&DRIVE SETBACKS HOE TARO 0 REAP HMO n W Y Z^ W C Z 2 1 1.2 I'-l rt TABULATED SITE DATA , to v Z ". r-_ YWIROI w.• el,m..., Are.. F AIM PmAnu«u_fo ozwzEs.«cn T=j` 9 4 Ez 3 0TOMI.MAIN w LL e.m zvo..u:m.e.N.Ln4.6.97...c•E2r1ffir.E PRELIMINARY FOR REVIEW PURPOSE ONLY Net a S UNIVERSITY OF NOTRE DAME V V'o' VELDMAN FAMILY PSYCHOLOGY CLINIC CC CZ Z FFE=717(MAIN LEVEL) 0 J Et FFE r 701(LOWER LEVEL) Z O Cy >- Q FyO.Z cc J LLI E 2 Zi sic L Z ( n p' Wi1111 AI-II f Y: CESIONE0 RHxsREHENNEWRV aAt.....DRVo: cedar StreetN 1 I a.E E GRAPHIC cral F Sr. III OS....ER PRELIMINARY SITE PLAN ao-1 Irsor711— A*,.. :.a. Ir s aiwitiabit 1 r— Ix -A,AlOr il N,,., : z, .,_. 1111.11111111. . ..-;,-- :,,.!:., 1T.--, '..; 0 ir,-,u,a ' L I....' 0 ininim2‘. 1 71 ' I I Adoriiirimilaimaim...-ra. ing sommormuummous i . II4 1111klift Name Mailing Address Proper Address Unique Realty Solutions, LLC 19075 Osbourne Rd. 512 N. Hill St. Lakeville, IN 46536 South Bend, IN 46617 Charles Hayes, Inc. 814 Marietta St. 529 N. Hill St. South Bend, IN 46601 South Bend, IN 46617 519 % N. Hill St. South Bend, IN 46617 525 N. Hill St. South Bend, IN 46617 Virginia Hernandez PO BOX 11700 508 N. Hill St. South Bend, IN 46637 South Bend, IN 46617 Memorial Hospital of South Bend, 615 N. Michigan St. 513 E. Madison St. Inc. South Bend, IN 46601 South Bend, IN 46617 Marcus Robinson 610 South Bend Ave. 610 South Bend Ave. South Bend, IN 46617 South Bend, IN 46617 Magnum Security Services, Inc. 601 South Bend Ave. 601 South Bend Ave. South Bend, IN 46617 South Bend, IN 46617 ROZUM PATRICIA HELEN AN UND 58 Hillview Ave. 604 South Bend Ave. 1/8) INT&ZOUCHA JOSEPH RAN Redwood City, CA 94062 South Bend, IN 46617 UND (1/4) INT&DAINELLI MARY AN UND(3/8) INT&PUCAJOE& FAWCETT HELEN&BEHRENDT MARY&PUCA JOHN ALL TO AN UND(1/4) INT AS TIC Mhennig Properties LLC, Series 3 1439 Semar Ct. 518 N. Hill St. Mount Prospect, IL 60056 South Bend, IN 46617 Niles Ridge, LLC 230 W. Catalpa Dr. 530 N. Niles Ave. Mishawaka, IN 46545 South Bend, IN 46617 University Of Notre Dame 415 Main Building 517 N. Hill St. & 521 N. Hill St. Notre Dame, IN 46556 South Bend, IN 46617 University Of Notre Dame 724 Grace Hall 503 N. Hill St. & 513 N. Hill St. & Notre Dame 515 N. Hill St. South Bend, IN 46617 Bill No. 24-17 May 21, 2024 City of South Bend PLAN COMMISSION Honorable Committee Chair Davis 4th Floor, County-City Building South Bend, IN 46601 RE: 620 South Saint Joseph Street PC#0214-24 Dear Committee Chair Davis: County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in Clerk's Ofrice MAY 2 2 2024 Bianca Tirndo City Cl erk, South l3und, IN Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your May 28, 2024, Council meeting, and set it for public hearing at your June 24, 2024, Council meeting. The petition is tentatively scheduled for public hearing at the June 17, 2024, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Petitioner desires to rezone the property from U7 Urban Neighborhood 7 to U2 Urban Neighborhood 2. If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist CC: Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Adm1i11strator Scott Ford Commission President Bill No. 23-24 Bill No. 24-24 Bill No 25-24