HomeMy WebLinkAbout04-22-13 Agenda & Packet AGENDA
SOUTH BEND COMMON COUNCIL MEETING
MONDAY, APRIL 22, 2013 ' 7 : 00 P.M.
1 . INVOCATION - FATHER DAVE PORTERFIELD
2 . PLEDGE TO THE FLAG
3 . ROLL, CALL
4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES
5 . SPECIAL BUSINESS
ANNOUNCEMENT: REPRESENTING THE CITY
ADMINISTRATION WILL BE MIKE SCHMUHL-CHIEF OF
STAFF
13-31 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, RECOGNIZING THE MANY
POSITIVE OUTREACH PROGRAMS OF MAMAS AGAINST
VIOLENCE ON THE 10" YEAR ANNIVERSARY
13-32 A RESOLUTION OF THE COMMON COUNCIL, OF THE CITY OF
SOUTH BEND, INDIANA, RECOGNIZING AND HONORING
FORMER COUNCIL MEMBER, MAYOR AND PROBATE JUDGE
PETER J. NEMETH
13-33 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, CONGRATULATING AND HONORING
DON INKS FOR HIS 31 YEARS OF DEDICATED SERVICE TO
THE CITY OF SOUTH BEND, INDIANA
13-34 A RESOLUTION OF THE COMMON COUNCIL, OF THE CITY OF
SOUTH BEND, INDIANA, DECLARING APRIL 25, 2013 AS
WORKONE DROPOUT RECOVERY AWARENESS DAY IN SOUTH
BEND
6. REPORTS OF CITY OFFICES - REPORT FROM THE DIRECTOR OF CODE
ENFORCEMENT - SHUBHADA KAMBLI (15 MINUTES)
7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
BILL NO.
13-13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS
THE FIRST NORTH/SOUTH ALLEY EAST OF ST. LOUIS
BLVD. FROM WAYNE STREET NORTH TO THE FIRST
EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET AND A
WIDTH OF 14 FEET. SAID ALLEY IS PART OF
COTTRELL' S ADDITION TO THE CITY OF SOUTH BEND,
PORTAGE TOWNSHIP, ST JOSEPH COUNTY, INDIANA
15-13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE STREET TO BE VACATED IS
ASSUMPTION DRIVE THAT LOOPS FROM LOCUST ROAD,
THIS LOOP STREET IS APPROXIMATELY 1, 750 FEET
AROUND FROM LOCUST ROAD TO LOCUST ROAD AND HAS A
WIDTH OF 50 FEET, SAID STREET WAS DEDICATED TO
THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA
14-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
6, ARTICLE 8 OF THE SOUTH BEND MUNICIPAL CODE BY
THE ADDITION OF NEW SECTION 6-37 . 2 ADDRESSING
ACCOUNTABILITY OF GOVERNMENT ACTIONS ON BUILDINGS
DECLARED VACANT OR ABANDONED
17-13 PUBLIC HEARING OF THE CITY OF SOUTH BEND,
INDIANA, COMMON COUNCIL APPROVING AND AUTHORIZING
THE EXECUTION OF A LEASE FOR THE CONSTRUCTION AND
EQUIPPING OF A NEW FIRE STATION AND A NEW FIRE
SAFETY TRAINING CENTER AND REGARDING CERTAIN
RELATED MATTERS
8 . BILLS, THIRD READING TIME:
BILL NO.
13-13 THIRD READING ON A BILL TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS
THE FIRST NORTH/SOUTH ALLEY EAST OF ST. LOUIS
BLVD. FROM WAYNE STREET NORTH TO THE FIRST
EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET AND A
WIDTH OF 14 FEET. SAID ALLEY IS PART OF
COTTRELL' S ADDITION TO THE CITY OF SOUTH BEND,
PORTAGE TOWNSHIP, ST JOSEPH COUNTY, INDIANA
15-13 THIRD READING ON A BILL TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE STREET TO BE VACATED IS
ASSUMPTION DRIVE THAT LOOPS FROM LOCUST ROAD,
THIS LOOP. STREET IS APPROXIMATELY 1, 750 FEET
AROUND FROM LOCUST ROAD TO LOCUST ROAD AND HAS A
WIDTH OF 50 FEET, SAID STREET WAS DEDICATED TO
THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA
14-13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE .CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
6, ARTICLE 8 OF THE SOUTH BEND MUNICIPAL CODE BY
THE ADDITION OF NEW SECTION 6-37 . 2 ADDRESSING
ACCOUNTABILITY OF GOVERNMENT ACTIONS ON BUILDINGS
DECLARED VACANT OR ABANDONED
17-13 THIRD READING OF THE CITY OF SOUTH BEND, INDIANA,
COMMON COUNCIL APPROVING AND AUTHORIZING THE
EXECUTION OF A LEASE FOR THE CONSTRUCTION AND
EQUIPPING OF A NEW FIRE STATION AND A NEW FIRE
SAFETY TRAINING CENTER AND REGARDING CERTAIN
RELATED MATTERS
9. RESOLUTIONS
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 SAFETY HAZARD
10 . BILLS, FIRST READING
BILL NO.
18-13 FIRST READING ON A BILL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH
BEND MUNICIPAL CODE BY THE INCLUSION OF NEW
SECTION 6-6. 6 ADDRESSING SOILS AND WATER TABLE
REVIEW REQUIRED AS PART OF THE PERMIT PROCESS
11 . UNFINISHED BUSINESS
A. REPORT FROM AREA PLAN COMMISSION
1 . BILL NO. 11-13-- REZONING & SPECIAL EXCEPTION -
3801 W. WESTERN
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.
(S_Jl PAW
RESOLUTION NO.
M11 Tk tl_
E TION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
- RECOGNIZING THE MANY POSITIVE OUTREACH PROGRAMS OF
AS AGAINST VIOLENCE ON THE 30TH YEAR ANNIVERSARY
the Common Council of the City of South Bend, Indiana, acknowledges that in 2003,
Bobbi Woods founded Mamas Against Violence in South Bend after her own son was lost in a senseless
act of violence in the downtown; and
today, Mamas Against Violence continues to dedicate itself to their core beliefs that
"concern for one another and concern for our community will help turn pain into cotnpassion";thanks to
the hard work and dedication.of Ruth Reese,Bobbi Woods and many others,and
some of the many positive outreach programs&events which Mamas Against Violence
has provided include: hosting a radio outreach program "Getting Through the Holidays"which offers
prayer,encouragement& support;Mamas Against Violence annual community walk and remembrance
celebration where people gather to remember those lost too soon to violence & where persons are
encourage to wear red to represent"...the love that's going to be spread..."; holds discussion groups&
film screenings such as the one held at the Leighton Senior Center when American Blackout was shown;
sponsors grief workshops; hosts workshops for school children; & participates in the Center for
Women's Intercultural Leadership Program at Saint Mary's College–lust to name a few;and
for the past ten (10) years, Mamas Against Violence has compassionately worked
through so many dedicated mothers to"empower women to create lasting change in the community by
ending the cycle of violence and healing their own grief' to those who have lost their sons to street
violence;and
Mamas Against Violence continually reaches out to help remind individuals that they
are not alone and how important it is to curb violence; with their general business meetings&Grief
Support Group Meetings being held the first Monday of the month in the Colfax Cultural Center.
=76M&&PaWmk,4 by the Common Council of the City of South Bend,Indiana,as follows:
Section 1. On behalf of the citizens of South Bend, Indiana, the Common Council is proud to
publicly honor and congratulate all of the members of Mamas Against Violence as they celebrate their
I 0'h Anniversary of providing positive awareness and outreach programs throughout our City.
Section II. The Common Council recognizes that Mamas Against Violence received the
Community Service Award last year from the South Bend Community Hall of Fame; and the Council
believes that the tireless efforts and dedication of this organization is truly commendable.
Section III . This Resolution shall be in full force and effect from and after its adoption by the
Council and approval by the Mayor.
Tim Scott, ]"District Oliver J.Davis,Vice-Pres. &b` District
Henry Davis,Jr.,2° District Derek D,Dieter,President&At Large
Valerie Schey,3rd District Gavin Ferlic,At Large Member
Dr.Fred Ferlic,4"District Karen L.White,Com.of Whole Chair
Dr,David A.Varner,5d]District Kathleen Cekanski-Farrand,Council Att'y
( ate.•—da�9f POlz9
John Voorde,City Clerk Pete Buttigieg,Mayor of South Bend
12
RESOLUTION NO.
= '* A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF "
s SOUTH BEND,INDIANA RECOGNIZING AND HONORING FORMER
COUNCIL MEMBER,MAYOR AND PROBATE JUDGE
PETER J.NEMETH
(*X,Tm,; the Common Council of the City of South Bend, Indiana, acknowledges that Peter J.
Nemeth attended St. Patricks' Grade School, graduated from St. Joseph High School, pursued his
undergraduate degree at the University of Arizona,&his law degree at Columbia Law School;and
Peter J. Nemeth served on the South Bend Common Council for a four(4) year term,
and from 1972 through 1974 he served as Council President;and °
at the age of 33, Peter J. Nemeth was elected Mayor of the City of South Bend and
served from 1976 to 1980, a time when the Century Center and the l" Source Bank/Marriott Hotel
complex were being developed and constructed, and when a significant expansion and major upgrades
were made to South Bend's Potawatomi Zoo;and
known as a hard-working practicing attorney and former Deputy Prosecutor, in 1993,
Peter J. Nemeth was appointed by Governor Evan Bayh to serve as the Judge of the St. Joseph County
Probate Court where he served with distinction until his retirement at the end of 2012;and
Judge Nemeth played a key and instrumental role in developing the Thomas N.
Frederick Juvenile Justice Center which opened in 1997, which continues today to provide St. Joseph
County with a variety of options in dealing with truancy and juvenile crime;and
the Common Council notes that Peter J. Nemeth exemplifies the many qualities of a
caring public servant in each of the many roles in which he faithfully served the public.
9%6;, Vmnlom k PAWoet4 by the Common Council of the City of South Bend,Indiana,as follows:
Section I. On behalf of the citizens of South Bend, Indiana, the Common Council is proud to
publicly recognize,honor and congratulate Peter J.Nemeth for his dedication and service to the public
as a South Bend Common Council Member, as the Mayor of the City of South Bend, and as the Judge
of the St.Joseph County Probate Court.
Section II, The Council wishes Judge Nemeth, his wife Carol, their five children & thirteen
grandchildren the very best in the years ahead; sincerely thanks him for jobs well done; and hopes that
some day soon we will have the pleasure of hearing him play with the South Bend Symphony.
Section III . This Resolution shall be in full force=iverDavis, =6' District
Council and approval by the Mayor.Tim Scott, I"District
Henry Davis,Jr.,2"d District Derek D.Dieter,President&At Large
Valerie Schey,P District Gavin Ferlic,At Large Member
Dr.Fred Ferlic,4'h District Karen L.White,Com.of Whole Chair
Dr. David A.Varner,7` District Kathleen Cekanski-Farrand,Council Att'y
�t��Co�k�_ *-WAU— 190./ly
John Voorde,City Clerk Pete Buttigieg,Mayor of South Bend
RESOLUTION NO. 3 -3-3
'� " A RESOLUTION OF THE COMMON COUNCIL OF THE CITY
OF SOUTH REND,INDIANA CONGRATULATING AND
„ HONORING DON INKS FOR HIS 31 YEARS OF DEDICATED
SERVICE TO THE CITY OF SOUTH BEND,INDIANA
the Common Council of the City of South Bend, Indiana, is especially proud to
congratulate and honor Don Inks, the Director of Economic Resources for the City of South Bend's
Community Investment Department,for his thirty-one(3 1)years of dedicated service to the City;and
(Almmf.; Don began working for the City when Roger O. Parent was South$end's Mayor, and
because of his knowledge and expertise he continued to provide vital professional services to the City
under Mayors Joseph E. Kernan, Stephen J. Luecke and Pete Buttigieg; and served under an even
greater number of department heads;and
over the years, Don has worn many hats in his faithful and dedicated service to the City
of South Bend -beginning as a Fiscal Officer in 1981 when Pat McMahon beaded up the Department,
taking on many other titles when Jon Hunt was in charge such as Director of Business Assistance,
Director of Economic Development, Executive Director of the Business Development Corporation,
Executive Director of the Indiana Revolving Fund, Executive Director of the Corporation for
Entrepreneurial Development -just to name a few;and
Don's vision, recommendations based on detailed and meticulous reviews of thousands
of documents,countless meetings and discussions have helped shaped the rebirth of South Bend as a key
and vital economic engine in northern Indiana focusing on job creation;and
�)� ..�. the Common Council notes that a man with a mustache is said to be a person who
appears "intelligent, confidant, serious, and a symbol of someone who is cool" -- Don Inks is truly
representative of all of these qualities and many more.
A,amkAwg by the Common Council of the City of South Bend,Indiana,as follows:
Section 1. On behalf of the citizens of South Bend, Indiana, the Common Council is proud to
publicly recognize, honor and congratulate Don Inks for his dedication, commitment to providing
accurate details,and loyal service to the City of South Bend,Indiana for the past thirty-one(3 1)years.
Section 11. The Council wishes Don and his wife,Beth,only the best as they embark on the next
chapter of their lives;and hopes that Don's remodeling projects bring him much joy and satisfaction and
that he will not be a stranger to the countless friends he has made during his loyal and dedicated service
to our City. May your coffee cup never run dry,and may you always be our"ringer"for trivial
Section III . This Resolution shall be in full force and e m ter its adoption by the
Council and approval by the Mayor.
Tim Scott, I"District 01' v , ice-Pres. 61 District
Henry Davis,Jr.,2,d District Derek D.Dieter,President&At Large
Valerie Schey,3` District Gavin Ferlic,At Large Member
Dr.Fred Ferlic,4 District Karen L. White,Com.of Whole Chair
Dr.David A.Varner,5 District Kathleen Cekanski-Farrand,Council Att'y
Cdy5e��9018
John oorde,City Clerk Pete Buttigieg,Mayor of South Bend
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH.BEND,
y INDIANA,DECLARING APRIL 25,2013 AS WORKONE DROPOUT RECOVERY
AWARENESS DAY IN SOUTH BEND
the Common Council of the City of South Bend, Indiana, acknowledges that Jobs for
America's Graduates (JAG) Out of School Youth Specialists are employed by the Workone System to assist
students who have dropped out of high school and to help motivate and prepare them to attain a GED and
potentially a career;and
(#x,,m,;, JAG Specialists are actively committed to helping students explore their abilities, strengths,
interests,and talents as these traits relate to career awareness and development of at risk youth; and
JAG Specialists help the clients to focus on ways to further their educational, personal and
social growth;and
JAG Specialists work with Adult Basic Education teachers and other educators to help students
explore their potential and set realistic goals for themselves;and
X91 rte,., JAG Specialists collaborate with business and community organizations to utilize community
resources which can enhance and compliment Dropout Recovery programs so that students become productive
members of society;and
comprehensive Dropout Recovery Programs are considered a critical and integral part of the
educational process that enables all students to achieve success if they have dropped out of school,
16&F&W#et4 by the Common Council of the City of South Bend,Indiana,as follows:
Section I. The Common Council of the City of South Bend, Indiana, hereby declares Thursday, April
25, 2013 as Dropout Recovery Awareness Day in South Bend, a date chosen by the Northern Indiana
Workforce Board to highlight the high number of students dropping out of high school nationally and
challenging those individuals to seek the assistance of Jobs for America's Graduates(JAG)Specialists.
Section 11. The Common Council recognizes the hard work being done by the JAG Specialists in
reaching out to assist youth between the ages of 16 to 21 years of a e ve dropped out and encourages
each of them to listen to this year's theme: "Dropped It--Then . It".
Section III . This Resolution shall be in full force d eff an fter its adoption by the Council
and approval by the Mayor.
Tim Scott, 1"District O er vis, ice-Pres.&6` District
Henry Davis,Jr.,2°d District Derek D.Dieter,President&At Large
Valerie Schey,3d District Gavin Ferlic,At Large Member
Dr. Fred Ferlic,4"District Karen L.White,Com.of Whole Chair
Dr.David A.Varner,5` District Kathleen Cekanski-Farrand,Council Att'y
John Voorde,City Clerk Pete Buttigieg,Mayor of South Bend
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
The alley to be vacated is the first North 1 South alley East of St Louis Blvd from Wayne
Street North to the first East/West alley for a distance of 158 feet and a width of 14 feet.
Said alley is part of Cottrell's Addition to the City of South Bend, Portage Township,
St Joseph County, Indiana.
STATEMENT OF PURPOSE AND INTENT
Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with
the authority to hear all petitions to vacate public ways or public places within the City.
The following Ordinance vacates the above described public property.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
SECTION I. The Common Council of the City of South Bend having held a Public
Hearing on the petition to vacate the following property:
The alley to be vacated is the first North 1 South alley East of St Louis Blvd from Wayne
Street North to the first East 1 West alley for a distance of 198 feet and a width of 14 feet.
Said alley is part of Cottrell's Addition to the City of South Bend, Portage Township,
St Joseph County, Indiana.
hereby determines that it is desirable to vacate said property.
SECTION Il. 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 Ill. The following property may be injuriously or beneficially affected by
such vacating:
018-6002-0020, 018-6002-0019, 018-6002-0018, 018-6002-001 8.01, 018-6002-0028,
018-6002-0029, 018-6002-0030.
Section IV. The purpose of the vacation of the real property is
to allow for the continued use of the alley as part of
the drive way for church parking and the constuction of
a new building to replace an existing building.
SECTION V. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
D,
Member of the Common Co hcil
Attest:
d
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of 2_, at o'clock M.
City Clerk
Approved and signed by me on the day of 2 at
o'clock M.
Mayor, City of South Bend, Indiana
F11 6-din-Clerk's Wee
1,t READING
PUBLIC HEAPING MAR 1 NQ
3 rd READINIG
NOT AP ROVED Jo it V'66���
REFERRED LC 7CLERK,SOUTH BEND,IN
PASSED
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
STREETSIALLEYS
TO THE COMMON COUNCIL DATE: . '"/ 7
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
The first North/ South alley East of St Louis Blvd from Wayne Street North to the first East f
West alley for a distance of 198 feet and a width of 14 feet. Said alley is part of Cottrell's
Addition to the City of South Bend, Portage Township, St Joseph County, Indiana,
B. THE STREET DESCRIBED AS: N.A.
NAM tgned R t ) ADDRESS LOT#
/ 715 East Wayne Street 018-6002-0020
E.�
South en 002-0019
018-6002-0018
018-6002-0018.01
018-6002-0028
018-6002-0029
018-6002-0030
CONTACT PERSON (S)
NAME: Chester T Gamble
RETURN TO: 3996 Liberty Street
OFFICE OF THE CITY CLERK ADDRESS:
JOHN VOORDE, CITY CLERK Bremen, IN 46506
ROOM 455-COUNTY-CITY BUILDING
SOUTH BEND, IN 46601
574-235-9221 PHONE: 574-27 Red in
MAR I #
JOIN V&�wr��p,��.w
CITY CLERK,SWI'h BEND,IN
Zion United Church of Christ
715 East Wayne Street
South Bend, Indiana 46617
3/182013
Common Council
City of South Bend, Indiana
Zion United Church of Christ request's the vacation of the alley that is bounded by properties of
the church property on both sides.
The vacation of the alley will allow for he continued use of the alley as a part of the church
parking lot and will also allow a construction of a new Worship/Fellowship building to
Cr place an a kA14 b it frig that will be removed.
spectfull ,
Filed in Clerk-'a Offict,
MAR 1 ?Q 1
5 :+. s DE
CITY CLERK,a t} i EMD,IN
t O N N N
p p p Q C]
—0011 —0021 —Q025.02
—0012 -0014 —0025
—0017 -0027
18—saa2
-0018.01 -0028
-0018 -0029
_E 1
-0019
--0030
-0020
14'
Si51:yrE�
r�
18-6002
--
° 0044
-0031
0
0
Filed in. r ' " war
LEGAL DESCRIPTION:
MAR i 9 20i", n
The alley to be vacated is the first North/South al ���ui.s—,
Blvd from Wayne Street forth to the first East/Nest alley for a
distance of 198 feet and a width of 14 feet. Said alley is a part of
Cottrell's Addition to the City of South Bend, Portage Township, St
Joseph County, Indiana.
1316 COUNTY-C=BUILDING � ` /�� '�
,., '2. PHONE 574 235-951
227 W.JEFFERSON$OUI.F.vAl2D W\1`Pl4ACE/j a FAX 574/235-9171
SOUTH BEND, INDIANA 46601-1830
I865
CITY OF SOUTH.BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
August 28, 2012
Mr. Chet Gamble
CTG & Associates
510 Lincoln Way East
Mishawaka, Indiana 46544
RE: Alley Vacation-ry The South Half of the North/South Alley between St. Louis Boulevard and
St. Peter Street,North of Wayne Street
(Preliminary Review)
Dear Mr. Gamble:
The Board of Public Works, at its August 28, 2012, meeting, reviewed comments by the
Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police
Department, and the Solid Waste Division. The following comments and recommendations were
submitted:
Area Plan stated that the vacation would not hinder the growth or orderly development of the
unit or neighborhood in which it is located or to which it is contiguous. The vacation would not
make access to the lands of the aggrieved person by means of public way difficult or inconvenient.
The vacation would not hinder the public's access to a church, school or other public building or
place. The vacation would not hinder the use of a public right of way by the neighborhood in which
it is located or to which it is contiguous.
The City Engineer stated there should be a dedicated 15' triangular piece on the northwest
corner of the cross-alley for the proper maneuvering of garbage trucks.
Therefore,the Board of Public Works submitted a favorable recommendation for the vacation
of this alley subject to the City Engineer's comment.
August 28, 2012
Gamble, Chet
Page 2 of 2
Please contact Tony Molnar at (574) 235-9254 prior to picking up your radius map.
You will need a radius map showing properties within 150' of the proposed vacation for your
petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's
office for your alley vacation packet.
Since Iy,
Lin a M. Martin, Clerk
c: Federico Rodriguez, Fire Department
Tony Molnar, Engineering
Janice Talboom, City Clerk's Office
Michael Mecham, Engineering
Zion United Church
Filed In C18fV6
MAR 1 i
CITY
FIRM .... ..—
, ; C a
PI/ E 1A SEC. ! 2 T. 3 7 N. R.2 E. .�, .� g.
y /z C 6 Quo
z;
o C G ® 0
Ir
IN
Ilk
g, r3l.T4
49 8,1
+�
to`� 6s� Oro 0405 B 5
_ to
p o to p ; tA
u 1 n -our.-our. r. Z . � ~
0
6° *A13� m
y v a 038
ci
7 H
3 ao g y
S o p �g! IK o �I
IL -P39$ W 0
w G4 r GG
44 8$ 6
61 H14
_ 39 93 9b OR
GG
_ OD 1L Lin
•,, otlqnj jo pnoH m m or6A
• rk3 ��4'�[t�V R � �ae�o � yP � L,
c. u• s7t.l2 br`-aG4
6 ,
co
i
6+ D O w ui 4�i s Lu O y,'A381 W t-
ub
' ITOA'G722 a
O pG MAT � GG
{,� pG tali GG 07,5 GG OG
,.JT LoWs 1.421 s3 !4 DF
39 !4 49 r 4g T r98 a� AO , 6
G GG'
ku
s �' ,F ' v$ a o b Io O104N,
is
kn p '^ $�O , •Paoli a `aaiS
pp
n° I $ 000T o
e c r+e
y Y � � �• -P�1 w a •6s53 u� � � �, a � 1�
O _0,147 ;y�j{ P k N
: g.1'.°'I$ •p5 .P! 1 1 a -�,jg • ti ,�' O 1
CIO
l;; Poe4 y oa 1' 1 GG G6
q..
m 00
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
The street to be vacated is Assumption Drive that loops from
Locust Road. This loop street is approximately 1,750 feet
around(from Locust Road to Locust Road) and has a width of
50 feet. Said street was dedicated to the City of South Bend,
Portage Township, St. Joseph County, Indiana.
STATEMENT OF PURPOSE AND INTENT
Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with
the authority to hear all petitions to vacate public ways or public places within the City.
The following Ordinance vacates the above described public property.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
SECTION I. The Common Council of the City of South Bend having held a Public
Hearing on the petition to vacate the following property:
The street to be vacated is Assumption Drive that loops from
Locust Road. This loop street is approximately 1,750 feet
around(from Locust Road to Locust Road) and has a width of
50 feet. Said street was dedicated to the City of South Bend,
Portage Township, St Joseph County, Indiana.
hereby determines that it is desirable to vacate said property.
SECTION II. The City of South Bend hereby reserves the rights and easements of
all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any
facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer,
surface water control structures and ditches, within the vacated right-of-way, unless such
rights are released by the individual utilities.
SECTION III. The following property may be injuriously or beneficially affected by
such vacating;
Lot#- 5578
Lot#- 5579
Lot#- 5580.f
Lot#- 5586
Lot#- 5595
Section IV. The purpose of the vacation of the real property is
To allow for new parking lots to support the new planned
sanctuary and warehouse facilities.
SECTION V. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
Member of the Common Counci ,
Attest-.
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock M.
City Clerk
Approved and signed by me on the day of , 2 , at
o'clock M.
Mayor, City of South Bend, Indiana
d
!PU°,L;4 riEAMKIC3 N9q� c ;Wp, x�g@ RJR
NOT s PE ,flii���q}�YCO
E !P,ED
PA.-_zD
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
.(STR_EETS/ALLEYS)
TO THE COMMON COUNCIL DATE:
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
B. THE STREET DESCRIBED AS:
NAME (signed& printed) ADDRESS LOT#
CONTACT PERSON (S)
NAME; L,. asl
RETURN TO: `Joi, a A. rsm.4,Q"-OFFICE OF THE CITY CLERK ADDRESS: gzy �.�•R..1�� Al �r
JOHN VOORDE, CITY CLERK '
ROOM 455-COUNTY-CITY BUILDING 46S14
SOUTH BEND, IN 46601
574-235-9229 PHONE: ���.2��—oe De
Filed OP. Clerk's
APR € 2:013
CITY CLERK iQ s. _ ac-',.N v, F$�
O�
-5578 �
� I
-5579%
18-8�5
v
a
0
-5591
-5591
� 18-8155 8-8155
v
O
_5580.1 J
-5586
J
-5587
-5596,
LEGAL DESCRIPTION:
THE STREET TO BE VACATED IS ASSUMPTION DRIVE THAT LOOPS FROM LOCUST ROAD,
THIS LOOP STREET IS APPROXIMATELY 1,750 FEET AROUND (FROM LOCUST ROAD TO
LOCUST ROAD) AND HAS A WIDTH OF 50 FEET. SAID STREET WAS DEDICATED TO THE
CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA.
Filed in l R is
APR - r'
CITY CLERK
SpUTH�
ENTER-OFFICE MEMORANDUM
DEPARTMENT OF PUBLIC WORKS
DIVISION OF ENGINEERING
G
■ it
1865
TO: Janice Talboom
FROM: Michael Mecham
SUBJECT: Street Vacation Assumption Drive
DATE: April 2, 2013
On October 9,2012 the Board of Public Works considered the subject street vacation. The Board submitted a
favorable recommendation to the City Council for this vacation. The recommendation of the Board of Public
Works is still valid and believes the recommendation should go forward
L F
lid.•.' �� �&��..gar
....
What we do today mares a difference!
apt]T11$
1 ltialjl�l`!'I'I �
1316 COUNTY-CITY BUILDING w \ % ' PHONE / 2
S74 359 51
7 77 W JE"V-R,0Ov DOIJLEYARD
i CE ;0-
574/235-9171
SOuTm BEND, INDIANA 466ol-x830 , '`.
x � �
I8b5
QTY of SOuTH BEND PETF BUTTTGIEG, MAYOR
BOARD OF PUBLIC WORKS
October 9, 2012
Mr, Dave Bailey
Provident Ministry
60650 CR.7
.Elkhart, Indiana 46517
RE: Street Vacation—Assumption Drive
(Preliminary Review)
Dear Mr. Bailey:
The Board of Public Works, at its October 9, 2012, meeting, reviewed comments by the
Engineering Division, Area flan Commission, Economic Development, Fire Department, Police
Department, and the Solid Waste Division. The following comments and recommendations were
submitted:
Area Plan stated that the vacation would not hinder the growth or orderly development of the unit
or neighborhood in which it is located or to which it is contiguous. The vacation would not make access
to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation
would not hinder the public's access to a church, school or other public building or place. The vacation
would not hinder the use of a public right of way by the neighborhood in which it is located or to which it
is contiguous.
Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of
this alley.
Please contact Tony Molnar at 574 235-4254 prior to..Ricking u our radius map. You
will need a radius map showing, properties within 150' of the proposed vacation for your petition to the
Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley
vacation packet.
Sincerely,
Linda M. Martin, Clerk
c: Federico Rodriguez, Fire Department
Tony Molnar, Engineering
Janice Talboom, City Clerk's Office
Michael Mecham, Engineering
1
�'`
F �,
a ., [
� yl -1 1i} - `} k
_V,;. °ii t ,V
1'i'P Ldp . - - ...
' k 1: \�4, 5.^ , J ,' 1 r 1 11 4X41-!t.
�� rl 4k t a
( Sy1l ii[ � k -�s.:
il¢�1t�h
�. r s . t
3- }}t`�4f 1t4t F J..
"o,4�t ► V i S �V _ ;t s I'll
i3 VYrt f t '1 a:' t
s
4'
n' k s --$v' h i., � F.
.1 i_x%t " a dt x tt✓` V hs ,� is 3.
m
f x" vn t _ SW+ �3 tt n`,z�,�yi ltth
t VJ , 1f l f' J;:1 t ' ��y
f-'1 F S � ',
Zl% . y1 a;, (� st'Sr t �n
>�i i4 - -
A t '!�t to �, tE
!s k ,yt s a .. 1. N
[s lu P t t t �' ( ✓sh1 to°.-
�i3' 41 �' t 4. t`�>}iss thy?, {
Ayr at yaty r `.A f; ' t>�}sfi'�1q[L tt��'��
t� �,yl t ��is 1 i, 1}sn t
g,i,,tss t��Fts V ntiil 'S"�� d x
�4
k! ,.
f 7 ;t'�it L1 r
r ti [p4i it }r l T a r ! yri flit
V, psi `�ltlF s. j r[t� klt}S`k. t`[3t[i t1i'+,�1``';t is
1. tit 4 't i s !,t,G se"�-s";.y 1eq",,y'.I F 3 ;
F"t yt! R at ,5 �4 y`�'� s7 t � sl 1-'l T
y a `�t�tY's t l V � �t�1i' 1 J n st 4 n - tV f, l st-si r at Y .�
9 �"�, y} 4 '� 1 5 L Ih �t 7 r s :'� �t i 4klt rsrSSS 1��g V�Y �'
e cs:. Stl .c} ss s - 4'} 44+ ti Y ; �z41� s as P - r�,-
,r ` V 4 p i NM' 1.11 ! - 1 4 c�4 fs .y c 's sui�yE..,11.ti4 ""' n�y nl}M 1 r xi a4sv } `lt ot} 45 tr t . w N - toV '*E t't�'Y R t 1 W 5 �s r
4t}'SVi: M "" �.. `yc -,4 t'�s 4 d st 'i� �yt.°>t� a i '1a t SFL4. b 'pL,t artlt ri4' ,� s surd t1s1 Hs x..;x W. 1t y 1
t v t i t 1 ,. u!t o �� � %.R� pti l
''k n u ftt s y'c 1� t1. 3 ' t t s 1'c'� a ; �'1.
t �L t t tM tolkd V fi^} '^a _ }t,4} Y�e r �r any a ��`St`0 nd c
F S� tl L�1rL�� ` L5 f f4 A {' t� 'i�7i 4 }1. 11 t�! t v. } 4 r, Yxergi': [ 1 It `:s;t 4ty ' r`1. v
°VV - t- eM rit�t3 tt s�ssY - t Tea.
''lt}1t x,kb .`� s�7 t s t V hi � V�t - %., �V z t1 L n ..r Sy ' .t �
, 4i xJt �- s '. -�`t t e ,'
11 b_' w r�� �a.'s V 4 Vt2; t M t 4 'is 1.( t t ,
���r
x s v 1 u _ 'v11 }, 4 ; i�[�''k y�I tr,l;' MSW e _ t }.w ,.%
i•L �^ s t ` {k fi tF' x` frbr - k �7�,'s}'+z j*�u i s y i `
e Asa m�� i f`t }`1.y75�s�,$$((-� lu k4 €'�n, [ is t+ 7 a 1.a�., 11 , t - >, 'Cbti t} 4 t. M d ' l`l y,c�� l,tl r
VS45'i t t o . >r [y1 ti 1 yCw z� v lis hV ��is� t.
E. �f L i o,lA
i t ` : 4 x _ i-�h7t` F a ti 4 ,L .
� �}
{ ca r , s,
Sq}IIu
F3 'g."'.V - y t� ?. rs l ' J�V y ttfi t l ,*.
n r t ny h tti s X. ��`�
r
d"
���4tL1 � e ? t s � r:4`
}fi�1 i 4lS t k..t V �1
a,tr 1't 1
y
£ s._ ' r [,r� y '1 ids'
t t, ��pt,,.0 4�t�s t i _ iroFS�
ttrt - t i.
;L ...
n n 1st t �V }
}} Sl��ti}�M t `` V�"}11.1 s L� C t 1"';,r, ,
S t f! � t�' V t" AMt it% �
J 4l'k,.b1S4 fi�� M�t1'1�5t tL i�h! .., P 1,,3
l 0} c�iYIE}tart_At ,4Vy. -\
t t[ - o-!( .,I,s
t Va�V},,,>v}a41 IAS,11- I .�4}a4}t.t,4_�tti hLYd.a°. y la; L '�1' e�'},.
'� t � ilk{..I'-
.
� t
tr s a `r ,t;:
4it .lYs[t�'� ss�t r
tS s - at t - •Y s
t tt s [ t
Vt I tr i t t t V tt t s A t k.'` "'
FF � t ty3 1s ut V[i>.
j{ vv S �t1 t V F v :.
ht
1� 4als St a „9, ?
Nara Schrader
From: Nancy Schrader
Sent: Wednesday, September 26, 2012 1:3{) PM
To: Andre Price (AP RICE @ south bendin.gov);Jitin Kain; Michael Mecham;
FROD RIG U@SouthBendIRGov, jbyorni @coast joseph.in.us;SGOEN@ South BendIN.Gov;
pmgriffin@nisource.com'
Cc: CGREENE@SouthBendIN.Gov
Subject: FW: Message from 45C-5
Attachments: Message from 45C-5; irnage001 jpg
Please provide your recommendation.
Thank you.
f Nancy Schrader
City of South Bend
Al ' , Department of Public Works
ra j t Division of Engineering
227 W.Jefferson Blvd.
South Bend IN 45601
Office: (574)235-9251
Fax: (574)235-9171
nischrad@southbendin.gov
1
Nano Schrader
From: Federico Rodriguez
Sent: Wednesday, September 26, 2012 1:48 PM
To: Nancy Schrader
Subject: RE: Message from 450-5
Attachments: image001 jpg
Approved SBFD
..__ .. .._. . -
From: Nancy Schrader
Sent: Wednesday, September 26, 2012 1:30 PM
To. Andre Price; Ytin Kain; Michael Mecharn; Federico Rodriguez; jbyorni @cast joseph.in.us; Stephen Goen;
pmgriffin @nisource.com .
Cc: Cheryl Greene
Subject: FW: Message from 45C-5
Please provide your recommendation.
Thank you.
l 4 !v
Nane Schrader
City of South Bend
A Department of Public Works
Division of Engineering
` twmF r 227 W.Jefferson Blvd.
South Bend, IN 46601
Office: (574)235-9251
J86' f„ Fax: (574)235-9171
nischrad @southben,d n:�ov
1
Nana Schrader
From: pmgriffin @NiSource,com
Seat: Wednesday, September 26, 2012 2:12 PM
To: Nancy Schrader
Subject: Re: FW: Message from 45C-S
Attachments: pic14684 jpg
no objection
Philip M. Griffin
NIPSCO Project Engineer
Office Phone: 574284-2214
Mobile Phone: 574220-3804
FAX: 574-284-2220
Nancy Schrader
<njschrad @southbe
ndin.gov> TO
Andre Price
09/26/2012 01:29 <a price @southbendin.gov>,Atin
PM Kain<jkain @southbendin.gov>,
Michael Mecham
<mmecham@southbendin.gov>, Federico
Rodriguez
<frodrigu @southbendin.gov>,
"j.byorni @co.st-joseph.in.us"
<jbyorni @co.st-joseph.in.us>,
Stephen Goen
<sgoen@ south bend in.gov>,
"pmgriffin@nisource.com"
<pmgriffin @nisource.com>
cc
Cheryl Greene
<cgreene@southbendln.gov>
Subject
FW: Message from 45C-5
1
Please provide your recommendation.
Thank you.
--_--------------------------------------------------------------------
(Embedded image moved to I Nancy Schrader
file: pic14684.jpg) I City ofSouth Bend j
J Department of Public Works
f Division of Engineering
1 227 W.Jefferson Blvd.
South Bend, IN 46601
I Office: (574) 235-9251 J
f Fax: (574)235-9171
njschrad@southbendin.gov
I i 1
I � �
----------------------------+------------------------------------------
IMPORTANT NOTICE! This E-Mail transmission and any accompanying attachments may contain confidential information
intended only for the use of the individual or entity named above. Any dissemination,distribution, copying or action
taken in reliance on the contents of this E-Mail by anyone other than the intended recipient is strictly prohibited and is
not intended to, in anyway, waive privilege or confidentiality. If you have received this E-Mail in error please
immediately delete it and notify sender at the above E-Mai! address. Please note that incoming a-mails are not routinely
screened for response deadlines, and as such, please notify the sender separately by fax of any message containing
deadlines. In addition, E-Mail information cannot be guaranteed to be secure or error-free as information could be
intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain virus. Therefore,the sender does not
accept liability for any errors or omissions in the contents of this message which arise as a consequence of E-Mail
transmission. If verification is required, please request a hard-copy version.
----- Message from "OcePrinter@ south bend in.gov"
<OcePrinter @southbendin.gov>on Wed, 26 Sep 2012 17:45:42 +0000-----
To. Nancy Schrader<njschrad @southbendin.gov>
Subject: Message from 45C-5
[attachment"S45C-512092612450.pdf" deleted by Phil Griffi n/NCS/Ente rp rise]
2
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
[DEPUTY DIRECTOR
AREA ULAN COMMISSION OF ST , JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 ($74) 235-957t
September 26, 2012
City of South Bend
Board of Public Works
131h Floor, County-City Building
South Bend, Indiana 46601
RE: Street Vacation
Petitioner: City of South Bend
Location: Assumption Drive
Dear Board Members:
The staff has reviewed this petition. It is the staff's opinion that:
(1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in
which it is located or to which it is contiguous.
The street appears to serve only the property owner.
(2) The vacation would not make access to the lands of the aggrieved person by means of public
way difficult or inconvenient.
The street is entirely within property owned by the petitioner.
(3) The vacation would not hinder the public's access to a church, school, or other public building or
place.
Public access to this site is still available from Locust Road,
(4) The vacation would not hinder the use of a public way by the neighborhood in which it is located
or to which it is contiguous.
The street is not currently used as a thoroughfare,
Due to the above stated reasons, the staff recommends that the proposed street vacation be approved.
Please contact our office if you have any questions or need any additional information.
Sincerely,
bw_,q, � 16 dh4
Christa Nayder, Planner
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND
W W W.ST)OSFPHC0UNTYtNDlANA.COM
Nancy Schrader
INNER
Fromm Stephen600n
Sent: Thursday, September Z7' 2OI27:3GAK4
To: Nancy Schrader
Subject: RE: Message from 45C'5
Attachments. irnageDUI'pg
No objections
_................ ____________
From., Nancy Schrader
Sent: Wednesday, September 26, 2D1Z1:3OPM
To: Andre Price; Jit|n K8in; Michael Mechann; Federico Rodriguez; jbyurni@co.st-iosephJn.us/ StephenGoen;
pmgdffin@nisounce.com
Cc: Cheryl Greene
Subject: FVV/ Message from 45C-5
Please provide your recommendation.
Thank you.
Nancy Schrader
City of South Bend
Department of Public Works
D�W"(onufEngineering
227VV.Jefferson Blvd.
South Bend, [N46602
Office: (574) 235-9251
� Fox: (574)J35'9171
1
T
Ix
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE SENT: 9/26/2€ 12
TO: Andre Price, Solid Waste
Jitin Kain, Community & Economic Development
-Michael Mecham, Engineering Department
Federico Rodriguez, Fire Department
John Byorni, Area Plan Commission (ibyornl cost-
joseph.in.us or 235-9813 fax)
Stephen Goen, Police Department
Cheryl Greene, City Attorney's Office
Phil Griffin, NIPSCO ( m ffin cr_nisource,com) (FYI Only)
FROM: Linda M. Martin, Clerk_ ri
SUBJECT: REQUEST FOR RECOMMENDATION-- STREET VACATION
APPLICANT: Provident Ministry
LOCATION: Assumption Drive
DATE DUE: ASAP
FAX OR E-MAIL, TO: 235-9171 / Imartin southbendan. ov
RECOMMENDATIONS AND COMMENTS:
By Date /'
Linda Martin
From: Michael Divita
Sent: Friday, September 28, 2012 3:38 PM
To: Linda Martin
Cc: Jitin Kain
Subject: Fwd: Street Vacation Recommendation - Assumption
Street Vacation: Assumption Drive
Approval recommended. Given the unified ownership of adjoining parcels to this semi-circular street, no neighborhood or
access issues are evident should this vacation proceed,
Michael Divita
Planner
City of South Send
Department of Community & Economic Development
1200 County-City Building
227 W. Jefferson Boulevard
South Bend, IN 46601
Phone: (574) 235-5843
Fax: (574) 2359469
mdivitp(aso,uthbendin.gov
_.. ._......_.__............. ..__..__._..,_.__
From: Jitin Kain
Sent: Wednesday, September 26, 2012 1:49 PM
To: Michael Divita
Subject: FW: Message from 45C-5
Mike- Please review and provide recommendation,
Thanks,
Atin
isiit►' =:,,, Jitin Kain
^ 3'i 11 Sr. Economic Development Specialist
Community&Economic Development
(574)235-5835
,•".. h�° ikainPsouChbendin.gov
City of South Bend
227 W.Jefferson Slvd,,Suite 1200
South Bend,IN 46601
htt www.southbendin. ov
From: Nancy Schrader .. .�. � �.... ... ......�....,.,......__.._....�,...,_,.,.�,,._._...,____M..._... ,..,_..,�_....,.�,.._m.,,_,,...,...m, .........•�...._,,.�w,,..�_„__v_.�.,w...,_.,.,..
Sent: Wednesday, September 26, 2012 1:30 PM
To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez;j.byorni @cost josephan,us; Stephen Goen;
pmgriffin @nisource.com
Cc: Cheryl Greene
Subject: FW: Message from 4SC-5
1
&pUT&
x x
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE SENT: 9126/2012
TO: Andre Price, Solid Waste
,,Jl�t)'n Kain, Community & Economic Development
;..Michael Mecham, Engineering Department
42`ederico Rodriguez, Fire Department
-d'o'hn Byorni, Area Plan Commission (jbyorni@co.st-
ioseph.in.us or 235-9813 fax)
u-�ephen Goen, Police Department
Cheryl Greene, City Attorney's Office
--'Phil Griffin, NIPSCO { m riffin @nisource.com) (FYI Only)
FROM: Linda M. Martin, Clerk —
SUBJECT: REQUEST FOR RECOMMENDATION — STREET VACATION
APPLICANT: Provident Ministry
LOCATION: Assumption Drive
DATE DUE: ASAP
FAX OR E-MAIL TO: 235-9171 1 Imartin southbendin. ov
RECOMMENDATIONS AND COMMENTS:
By Date
Bill No. a✓!
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 6, ARTICLE 8 OF THE SOUTHBEND MUNICIPAL CODE
BY THE ADDITION OF NEW SECTION 6-37.2 ADDRESSING ACCOUNTABILITY OF
GOVERNMENT ACTIONS ON BUILDINGS DECLARED VACANT OR ABANDONED
STATEMENT OF PURPOSE AND INTENT
On November 27, 2007, the South Bend Common Council passed Ordinance No. 9810-37
which established a registration and maintenance program of vacant and abandoned buildings in the
City of South Bend, Indiana. It was noted that the City had earlier announced on May 29, 2007, a
3-year "$6.825 million strategy to reduce the City's vacant houses by more than one-fifth., with the
primary focus aimed at reducing abandoned houses by 72%". That program had a "comprehensive
strategy" where 400 derelict houses were to be demolished in targeted neighborhoods. The program
was developed on a Department of Code Enforcement survey conducted in May 2006 where 621
houses were identified as being both vacant and abandoned, which then represented 28% of all
vacant houses in the City. It also was reported by the South Bend Police Department at that time
that arsons and removing scrap metal had increased in the vacant houses. An "Urban
Homsesteading Program commonly referred to as the "Dollar House Program" was established
consistent with Indiana Code § 36-7-17, where Community & Economic Development capital
improvement fiends were used to acquire "marketable buildings".
All of the above-referenced programs were based on the "broken window" concept which
basically provides that when a broken window is left unrepaired, that it leads to more broken
windows and gives the appearance that no one cares for the property or protects the property. It
also was based on data and information shared at the I" National Conference on "Reclaiming
Vacant Properties: Strategies for Rebuilding America's Neighborhoods",
The "Vacant & Abandoned Properties Task Force Report" was made public in February,
2013. The Mayor shared information at the March 4, 2013 Residential Neighborhoods Committee
where be projected that it would cost approximately $6,000 each per demolished home and
approximately $50,000 per home which is rehabilitated. The Mayor also called for "A thousand
homes in a 1,000 days"to be torn down.
Based on the projected costs and the millions of tax dollars already spent on vacant and
abandoned homes, the following ordinance is needed to provide greater transparency to the process
in light of the short and long-term effects. The proposed regulations are aimed to ensure that a well-
thought-out plan has been developed for the each of the neighborhoods where demolition is
proposed to take place.
This ordinance is believed to be in the best interests of the City of South Bend, Indiana.
Section I. Chapter 6, Article 8, Section 6-37.2 of the South Bend Municipal Code is
amended to read in its entirety as follows:
Accountability of Government Actions on Buildings Declared Vacant or Abandoned ordinance
Page 2
Sec. 6-37.2. .Accountability of Government Actions on Buildings Declared Vacant or
Abandoned.
(a) The Quarterly Administrative Reports required to be filed with the Office of the City
Clerk pursuant to Section 6-37.1 (1) of this Code, must be current as of the last quarter immediately
preceding the demolition of a structure by the City or any entity hired to demolish said structure(s).
(b) Only demolitions which are a declared imminent public safety hazard to the health.,
safety and welfare of the city may be demolished during any quarter where the Quarterly
Administrative Report is not current and properly filed with the Office of the City Clerk.
(c) For each proposed demolition a"Fiscallmpact/Future Use Summary Statement" shall
be required to be filed by the City Administration with the Office of the City Clerk, with such filing
being made not less than seventy-two (72) hours before the proposed demolition. Said form shall
be filed along with a completed City"Demolition Prioritization Form" set forth as Figure 82 in the
Appendix of the Vacant &Abandoned Properties Task Report, page 67. Both forms are attached
and included herein by reference.
(d) Upon the Office of the City Clerk receiving each "Fiscal Impact/Future Use Summary
Statement" from the City Administration, said office shall electronically send copies of each to all
members of the South Bend Common Council.
Section I1. 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 III. 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 Henry Davis, Jr.
2nd District
South Bend Common Council
✓;
John Voorde, City Clerk
Accountability of Government Actions on Buildings Declared Vacant or Abandoned Ordinance
Page 3
�'� by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
day of 2013, at o'clock . m.
Janice Talboom, Deputy Clerk
�andn�L by one on the day of 2013, at o'clock
.rn.
Pete Buttigieg
Mayor of the City of South Bend, Indiana
1 R E A LJii'r{3 r i
1 E
Pw is t-iL",!;iFr:G
3 rd REftN",I`G /
NOT APPROVED
PASSED
Fiscal Impact/Future Use Summary Statement
City of South Bend,Indiana 46601 Form Updated 3/2013
Pursuant to . Section 6-37.2 of the South Bend Municipal Code entitled "Accountability of
Government Actions on Buildings Declared Vacant or Abandoned", the following information is filed
and verified to be true and correct regarding the proposed structure to be demolished:
Street Address/Zip Code:
Council District:
Property classified by the City as: Abandoned _ Vacant
Affected Neighborhood:
Summary of reasons for demolition:
Explanation of why said property could not be rehabilitated:
Agencies/Entities contacted regarding potential rehabilitation:
Proposed Date of demolition:
Entity to perform demolition:
Cost of proposed demolition:
Funding source(s)
Balances for each funding source before demolition(s)
Proposed reuse of property following demolition[Pei-Figure 70,page 53 of Vacant&Abandoned Properties Task Force Report]
_Conservation Area Stabilization Area
_Revitalization Area Reinvestment Area
Explanation of reuse chosen
Cost to reuse property post-demolition
Funding source(s) for such reuse
The proposed demolition will be the demolition in this Council District this year.
y�
� .. i
d this day of , 20 F
t
y
Fiscal Analyst Department of Code Enforcement,.
0
v
0 B
$
E Z
w
.0
Ln tn
10 4l Ifl
E
O w z
mr fYl
0
c
CL
V;
4V CL
rq
to
,0 V
a UGI
CL
0
s r4
CL t CL
CL 0 CL x6
CL u
0 :a
Ira CL 0
je
E
0
J2 0
E E
E • c 0 V tv
w r W 0 m w
ra
CL Z cc .0
gu
c
V
C
o r-r- > 0 0
c
".P
m
0
0 a Ln
:5
— W
Ln v
> v, C) ai
U) to
10 Z = CL
> J- c CL T Ez CL
m 0 c Ln CL
0 E 4 :E
o
0 L. * w x Ql 40 a 41
li 0 u ho 13 0 0
Ix N y u v ;,4 •No m
0
CL 0 u W no .2
L-
.!= 0 at W Je
v CL V
v CL :m
4.1 0 CL
0 ai 0 0 1,5 !CO
0 4- 0 1,02
u IV .0 E o f 0"
m = c v
0 0 > M2 , t Z E CL S
A v t < cc v Ln 0 :b 12 2
rq 'a q 42
C m 4 CL Im 0
0 M
o o ;E .2 V LU 4-4 w
8 V m to o u
W W :E
pow CL c m a v 0 M
Z, 0 4.1 mo LZ -W 4� ;F
OEM<
w
C C
*0 he
.ii -S c
CL so > V
0
k-Aty of South Bend
1965 x 441 County-City Building . 227W.Jefferson Blvd (574) 235-9321
South Bend,Indiana 46601-1830 Fax (574) 235-9173
March 15, 2013 hnp:llwww.southbendin.gov
Derek D. Dieter
President
Members of the Common Council
Oliver J. Davis 4th Floor County-City Building
Vice-President South Bend, Indiana 46601
KareD L. White Re: Proposed Ordinance Addressing Accountability of Government Actions on
Chairperson, ComfDittee Buildings Declared Vacant or Abandoned
of the Whole
Tim Scott Dear Council Members:
First District
I am pleased to introduce for your consideration, the attached ordinance which is
Henry Davis, Jr. aimed to bring greater accountability of tax dollars proposed to be used on vacant &
Second District abandoned properties, as well as the overall process involving properties proposed to
be demolished by the City of South Bend.
Valerie Scbey
Third District In a front-page article which appeared in the Sunday, March 10, 2013 South Bend
Tribune entitled "50 (Almost) Down, 950 To Go", a picture of a wrecking ball
Fred Ferlic
Fourth District depicted the number of"Demolitions between 2008-2012":
David Varner 2008 185
Fifth District 2009 118
2010 141
Oliver J. Davis, 2011 25
Sixth District 2012 120
Derek D. Dieter The above-listed demolition numbers from 2008 through 2011 were part of former
At Large Mayor Luecke's May 29, 2007 announcement that "...a three-year $6.825 million
Gavin Ferlic strategy to reduce the City's vacant houses by more than one-fifth, with the
At Large primary focus aimed at reducing abandoned houses by 72%"would be moving
forward.
Karen L. White
At Large I am attaching a map provided to the Common Council by the former City
Administration in late 2007. It depicts vacant & abandoned structures as of 2006 in
the City of South Bend, and "Calls for Service" showing five (5) levels of service
ranging from "absence or insignificant level, approaching negligible level,just below
concern level, reaching concern level, serious level to urgent level". That map alone
highlights the critical need for a well thought out and comprehensive plan to address
the multi-faceted neighborhood issues which may be compounded by vacant &
abandoned buildings.
Cover Letter to Ordinance Addressing Accountability of Government Actions on Buildings Declared Vacant or Abandoned
March 15,2013
Page 2
It is interesting that the 75-page "Vacant & Abandoned Properties Task Force Report" released last
month, does not contain an updated map of the one depicting vacant & abandoned houses as of
2011, as well as the "Calls for Service" showing the five (5) levels of service.
In light of the 1,000 demolitions being promoted as an "ambitious plan" by Mayor Buttigieg, and
the related costs to the taxpayers for this demolition plan, and post demolition expenses, I believe
greater transparency and accountability is needed now more than ever.
Fiscal oversight is a duty and responsibility which the South Bend Common Council takes very
seriously. To assist the Council in carrying out those duties a "check and balance" component is
being created which is aimed at greater accountability. The attached ordinance would:
® Require that all City Offices which carry out the duties involving vacant building
have current "Quarterly Administrative Reports" on file with the Office of the
City Clerk. Such reports are to routinely summarize implementation &
enforcement actions of the city regarding "Vacant Building Maintenance and
Registration" — a requirement of Ordinance No. 9810-07 codified in the South
Bend Municipal Code in Section 6-37.1. This has been a requirement since
2007, however limited compliance and very few, if any filings have taken place
by the current and past City Administration.
Requires the City Administration to file with the Office of the City Clerk a
completed "Demolition Prioritization Form" (1 page) which was set forth as
Figure # 82 in the Appendix by the 2013 Vacant & Abandoned Properties Task
Report
Requires the City Administration to file with the Office of the City Clerk a
"Fiscal Impact/Future Use Summary Sheet" (1 page) which highlights the
location, Council District, affected Neighborhood, whether it was classified
abandoned or vacant, reasons for proposed demolition, reasons why the property
cannot be rehabilitated, proposed reuse of the subject property using Figure# 70
in the 2013 Vacant & Abandoned Properties Task Report; date, cost & funding
sources of proposed demolition.; cost & funding source(s) of proposed reuse with
all of the information being signed by a fiscal analyst & Department of Code
Enforcement. This report and the Demolition Prioritization Report are to be filed
a minimum of 72-hours prior to the demolition.
® Requires the Office of the City Clerk to timely send electronically to all Council
Members copies of the Demolition Prioritization Form and Fiscal Impact/Future
Use Summary Sheet upon receipt froze. the City Administration.
Cover Letter to Ordinance Addressing Accountability of Government Actions on Buildings Declared Vacant or Abandoned
March 15,2013
Page 3
1 also believe that the Task Force, City Administration and Common Council need to discuss
whether there should be a posting on the City's website which is regularly updated summarizing
key information from these forms.
Partnerships are formed when individuals and organizations work together, not in isolation. By
having greater transparency of the entire process, 1 believe there would be a much greater likelihood
of the overall success of a meaningU program to rebuild our neighborhoods.
We need to collaborate and challenge each other, especially when millions of taxpayer dollars from
unknown sources may be involved. We must be vigilant so that other key city services are not put
in jeopardy. Past Fiscal Summits held by the City Council have stressed these components, and
should not be ignored.
I request that this information be referred to the Community Relations Committee chaired by
Council Vice-President Oliver Davis and the Residential Neighborhoods Committee chaired by
Council Member Tim Scott, who is also a member of the Vacant & Abandoned Properties Task
Force. 1 further request that a joint committee meeting be held so that we have the opportunity for
good dialogue.
Thank you.
Most inc
Henry Davis, Jr.
2"d District Council Member
Attachments
Lf
r
f a '�:
r
mb. IL
IR
�.w
RIFT
TO
FL
'Ell s-€
!'-
.. t lb �. �w�{k�:, � : >`��. � �
law NP
70
i• ��
a fe... ,.w.a k�fa�l',9 C. - s ' l J� �'' ♦ evL�''oe ?'
PY 6 ILL
m�
rW5
MIA
ZZ
gi
-,...3.
,/� �..Fr refr 99 �I
F
'. . ., a , � E .� i s* M ft
VTV
J.
-,
E
NEM
Wa
WPM
t 771
,011111
�a a�
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH BEND,INDIANA,
COMMON COUNCIL APPROVING AND AUTHORIZING THE
EXECUTION OF A LEASE FOR THE CONSTRUCTION AND EQUIPPING
OF A NEW FIRE STATION AND A NEW FIRE SAFETY TRAINING
CENTER AND REGARDING CERTAIN RELATED MATTERS
STATEMENT OF PURPOSE AND INTENT
The City of South Bend, Indiana (the "City"), has previously investigated the
necessity for the construction and equipping of a new fire station to replace the existing Fire
Station #5 located at 2221 Prairie Avenue in the City (the "Fire Station Project") and the
construction and equipping of a new fire safety training center located on a 5.5 acre site near
Sample and High Streets in the City (the "Fire Safety Training Center Project" and, with the Fire
Station Project, the "Projects"). The City has also previously investigated alternative methods
for paying for the Projects. There has been filed with the Common Council of the City (the
"Common Council") a petition certified by the St. Joseph County Auditor, which petition has
been signed by at least fifty (50) owners of real property subject to taxation by the City and
addressed to the Common Council, requesting that the Common Council enter into a lease
whereby the Projects will be- completed with the assistance of a not-for-profit building
corporation and leased to the City pursuant to the provisions of Indiana Code 36-1-10, as
amended.
The City of South Bend Building Corporation (the "Building Corporation") has
been organized as an Indiana not-for-profit corporation for the purpose of constructing and
leasing public improvements, including the Projects, to the City. A form of lease between the
Building Corporation and the City (the "Lease") has been prepared and submitted to the
Common Council for its consideration. The Lease, as presented to the Common Council,
provides for the lease of the Projects for a term not to exceed twenty-one (21) years (the
"Term"). The Term would begin on the date that the Projects are available for use by the City.
The lease rentals payable under the Lease (the "Rentals") by the City with respect to the Projects
shall not exceed $561,000 per year and shall be payable at the semiannual rate of $280,500 on
each January 15 and July 15, beginning on the later of (i)the date on which the Projects are
completed; or (ii) July 15, 2014. Lease rentals payable under the Lease by the City for the
Projects shall be payable on such dates from Emergency Medical Services Funds received by the
City (the "EMS Funds") and any other revenues made available for such purpose and to the
extent that such EMS Funds and other revenues are insufficient, from a tax levy. The Rentals
under the Lease have been structured such that the tax levy is expected to serve as a back-up only
for purposes of marketing the Building Corporation's bonds at a lower rate of interest. As a
result, the Project does not constitute a "controlled project" as such term is defined by IC 6-1.1-
20-1.1 because such Rentals are reasonably expected to be paid from funds other than property
taxes that are exempt from the levy limitations of IC 6-1.1-18.5.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. The petition of taxpayers of the City filed with the Common Council at
this meeting is hereby approved.
Section II. The Common Council hereby determines that a need exists for the
completion of the Projects and the funds needed therefor exceed the funds presently available to
the City.
Section III. Having held a public hearing regarding the Lease for which notice
was provided in accordance with Indiana Code 5-3-1, the Common Council hereby approves the
Lease in the form presented to this meeting. The Lease with the Building Corporation as lessor
provides for a fair and reasonable rental, and further, the execution of the proposed lease is
necessary and wise. The Mayor and Clerk of the City are hereby authorized to execute and
attest, respectively, the Lease in the form presented to this meeting with such changes as may be
necessary or appropriate on the advice of counsel with such execution and attestation to evidence
approval of such changes; provided, however, that any such changes may not (i) increase the
term of the Lease or increase the rentals payable by the City under the Lease with respect to the
Projects or (ii) alter the scope and nature of the Projects described in the Lease.
Section IV. The Clerk of the City shall cause to be published a notice of
execution of the Lease according to law following such execution.
Section V. All actions taken to publish the notice of the public hearing regarding
the Lease are hereby approved and ratified.
Section VI. The Common Council hereby approves of the use of the Building
Corporation for purposes of financing and Ieasing the Projects to the City. The Common
Council hereby further approves of the sale and issuance by the Building Corporation of its first
mortgage bonds in one or more series in an aggregate principal amount not to exceed $6,215,000
(the "Bonds") to pay the costs of completing the Projects.
Section VIII. The Common Council expects that the Rentals payable under the
Lease will be payable from the EMS Revenues and any other revenues that the Common Council
may make available for such purpose. To the extent that such funds are not expected to be
sufficient to pay such Rentals when due, the City covenants to levy a tax for such purpose. On
the July 15 immediately following the date of issuance of the Bonds by the Building
Corporation, and on each July 15 thereafter (the "Determination Date"), the Controller of the
City (the "Controller") will determine if the EMS Funds and any other revenues that the
Common Council may make available for such purpose are sufficient on such Determination
Date to pay the Rentals payable under the Lease in the twelve (12) month period beginning on
July 1 in the next following year and each twelve (12) month period beginning on each July 1
thereafter (the "Pledge Period"). If such revenues are expected to be sufficient, an amount of
such revenues necessary to pay the Rentals during the Pledge Period will be set aside in a
separate account for such purpose. If such revenues are insufficient for such purpose, the
- 2 -
DMS_US 51840778v2
Common Council hereby covenants to levy a tax for collection during such Pledge Period upon
all of the taxable property of the City in a total amount, together with any available revenues
described above, which will be sufficient to pay the Rentals due under the Lease for the
applicable Pledge Period. The Common Council hereby covenants to levy a tax each year
Rentals are payable under the Lease and there are not sufficient other revenues identified on the
Determination Date for such purpose.
Section IX. This Ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
By:
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend on the day
of , 2013, at o'clock .m.
City Clerk
Approved and signed by me on the day of 2013, at
o'clock m.
Mayor, City of South Bend
Filed � tv
1 st RtADING
PIJMC HEARING �
3 rid F�i:AD;N'G H A 3 40 3
NOT
DMS US 518407782
$piJ T$g�
120ONCouNTY-CFTYBLuDiNc � �.\ C PxoNE574/235-9216
227 W.JausoN BLVD. ��reACF/. FAX 574123 5-9928
So=BEND,INDIANA 46601-1830
1865
QTY or So=4 BEND PETE Btl"J°1'irim MAYoR
DEPARTMENT OF ADMINISTRATION AND FINANCE
April 3, 2013
Mr. Derek Dieter
President, South Bend Common Council
0 Floor, County-City Building
South Bend, IN 46601
Re: Resolution and Ordinance Concerning Lease for Construction and Equipping of New Fire
Station #5 and Fire Safety Training Facility
Dear President Dieter:
As you know, discussions have been ongoing about the need to replace Fire Station #5
located at 2221 Prairie Avenue in South Bend, and the benefit to the City of constructing a fire
safety training facility in South Bend. An ordinance and a resolution are being filed this date
which commence the process for lease financing of both of these state of the art facilities. A
duplicate original of this letter is being submitted to cover both the Resolution and the Ordinance
because they are integrally related.
The attached Ordinance approves and authorizes the execution of a Lease whereby
construction of both new Fire Station #5 and the fire safety training facility will be achieved
through a lease between the City as lessee and the City of South Bend Building Corporation as
lessor, for a term not to exceed twenty one years, at a lease rental rate of not more than
$561,000 per year, payable in semi-annual installments of$280,500 each. The proposed Lease is
also attached. It is expected that lease rental payments shall be payable from the Emergency
Medical Services Fund (EMS Funds), and that EMS Funds will fully cover the Lease costs.
Should EMS Funds and other revenues be insufficient for this purpose, the Lease has been
structured so that the tax levy will serve as back-up only; this will enable marketing of the
Building Corporations bonds at a lower rate of interest. Please note that the Project does not
constitute a "controlled project" as such term is defined by IC 6-1.1-20-1.1 because such rentals
are reasonably expected to be paid from funds other than property taxes that are exempt from the
levy limitations of IC 6-1.1-18.5.
A pre-curser to passage of the Ordinance is the attached Resolution which authorizes the
steps required to approve the proposed Lease under IC 36-1-10. Therefore, the Resolution sets
public hearing on the Lease for April 22, 2013 which is intended to coincide with the Council's
review, public hearing, and passage of the Ordinance. The Resolution also directs that a petition
from at least 50 South Bend real property owners be circulated and signed requesting that the
City enter the proposed Lease, all as required by State law(IC 36-1-10-7) .
Derek Dieter
Page 2
April 3, 2013
The City Administration has been pleased with the Common Council's positive response
to the discussions of these Projects in the recent past, and hopes that the Council will approve
both the Resolution and Ordinance.
I will present the companion Resolution and Ordinance to the Common Council at its
Committee meeting and at the public hearing.
Thank you for your consideration of these matters.
Sincerely,
Mark Neal
City Controller
1 A Q,
APR — X013
FY
te�Y.J'FiE� G.i{.f
CITY CL, ilr.,60"U i B ig 31�
11 3
RESOLUTION NO.
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 SAFETY 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
CA60" 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
46 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.
9�Q MOM k& *4 66fe ammm& awwlyl& &Y je06WA f" 'AANU4 afarmm.
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 I1. 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 Henry Davis, Jr. V'a 2"d District South Bend Common CounJohn Voorde, City Clerk fete Buttigieg, Ma or Y PRESENTED
NOT APF` OV'E ��
p �ti}4'yl�lrlr✓Ir d �
/! City of South Bend
Coninion Council
x 1865 441 County-City Building . 227W.Jefferson Blvd (574) 235-9321
South Bend,Indiana 46601-1830 Fax (574) 235-9173
http:/Iwww.southbendin.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 4a'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 2nd 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 Da , J .
2nd District Council Member
Gavin Ferlic
At Large Attachment
Karen L. White
At Large
Filed �n i 6T,: Office
CITY CLER K.,�;Ax,,Tki SEND,i9,
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY
THE INCLUSION OF NEW SECTION 6-6.6 ADDRESSING SOILS AND WATER
TABLE REVIEW REQUIRED AS PART OF THE PERMIT PROCESS
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council notes that the U.S. Department of Agriculture and the
Natural Resources Conservation Service, in cooperation with Purdue University Agricultural
Experiment Station and the Indiana Department of Natural Resources, Division of Soil
Conservation and State Soil Conservation Board, published in 2001, a 690 page Soil Survey of St.
Joseph County, Indiana which is available at:
http://www.solIdatamart.usda..gov/manuscri]2ts/IN141/O/ST—Josoh IN pdf
The Common Council further notes that this publication contains detailed soil maps which can
be used for planning which are the result of detailed fieldwork operations. It was provided to the
St. Joseph County Soil and Water Conservation District for their technical use & assistance.
The Common Council recognizes that the State of Indiana has a website maintained by
the Indiana Department of Natural Resources (DNR) which sets forth ground water data in the
State of Indiana since 1935. As noted on that site: http://www.in.gov/dnr/water/3482.html
"ground water does not stay in one place. Gravity causes ground water to flow downward and
outward. Porosity-the-size and number of void spaces in the formation —determines how much
water can be stored in an aquifer. Permeability — the ability of water to move through void
spaces — indicates how quickly the water will travel through the aquifer...ground water flows
easily through the spaces between loose sand and gravel particles."
The Common Council further recognizes that a wealth of detailed information is
available to the Building Department which includes but not limited to:
• St. Joseph County Soil Information — Soil New Classifications dated June 24, 2010
with this data being available from internal GIS sources
• Maps depicting Wetlands
• Maps depicting Floodplains
Maps depicting drainage basins/watersheds
Soils and Water Fable Review Requirement Ordinance
Page 2
• "Published Soil Surveys for Indiana — Updates" maintained and updated by the U.S.
Department of Agriculture's Natural Resources Conservation Service which
specifically provides data on St. Joseph County, Indiana
• USGS Groundwater Publications available at http://water.usgs.gov/ogw/Tubs.htm]
The Common Council recognizes the qualifications, duties, responsibilities of the
Building Commissioner set forth in Section 6-4.4 of the .South Bend Municipal Code. The
training and expertise of this key position and the Building Commissioner's ability to issue or
deny permits after a detailed review to determine compliance with and enforcement of the
building regulations codified in Chapter 6 of the South Bend Municipal Code is critical. The
proposed regulations addressing soils and water table review would improve the permit review
process. It further authorizes the Building Commissioner to work in conjunction with the
Director of Public Works and other agencies when conducting soils and water table reviews.
This ordinance has been prepared in the interest of providing essential tools and
establish reasonable mechanisms for caring out such detailed reviews by the Building
Department. It provides the necessary enabling legislation so that regular, systematic and
routine reviews of soils and water tables are made prior to a permit being issued to build
or construct any new building or structure or enlarge or move an existing structure within
the City of South Bend, Indiana.
This ordinance is believed to be in the best interests of the citizens of the City of South
Bend, Indiana.
. A—ff m, &a 6n&&m!5(by the Common Council of the City of South Bend,
Indiana, as follows:
Section I. Chapter 6 of the South Bend Municipal Code is amended by the inclusion of new
Section 6-6.6 in Article 2 which shall read in its entirety as follows:
Sec. 6-6.6 Soils and Water Table Review Required as Part of the Permit Process.
(a) Before a pen-nit to build or construct any new building or structure or enlarge or move
an existing structure within the City, a soils and water table review of the immediate land
proposed for such building, construction, enlargement or relocation to the subject property, must
be made by the Building Commissioner.
(b) The Building Commissioner, or his/her authorized designee shall review as part of
the building permit process, in addition to the requirements set forth in this Chapter, the subject
property's location on:
(1) St. Joseph County Soils Map
Soils and Water Table Review Requireanent Ordinance
Page 3
(2) Maps depicting wetlands
(3) Maps depicting floodplains and compliance with § 6-38 and § 6-39 of the
South Bend Municipal Code
(4) Maps depicting drainage basins/watersheds
(c) The Building Commissioner, or his/her authorized designee, shall confirm and
maintain in his/her office, which shall be used as part of the building permit process, all
locations within the city limits which have ground water withdrawals of one-half(1/2) million
gallons per day or more. These areas are considered large ground water withdrawal areas and
may include but not be limited to any municipal water supply, mine dewatering, or any business,
industry, or other activity where such large ground water withdrawals are taking place. Said
locations shall be listed by name, locations and date when such large ground water withdrawals
began.a
(d) In the event that there are any confirmed operations which have large ground water
withdrawals, the Building Commissioner, in conjunction with the Director of Public Works, shall
calculate what the water table would be in the subject area if such large ground water
withdrawals are curtailed, including calculations for any seasonal adjustments. Based on those
calculations, they shall have the authority to make as condition(s) of a building permit being
granted, any of the following:
(1) Soil boring data at completion of boring, and at 24 hours after completion of
boring which is recorded on boring log in low permeability soils such as silts
and clays. Artesian pressure and seepage zones, if encountered, must also be
noted on the boring log.
(2) Relocation of the proposed building;
(3) Elevation requirements;
(4) Denial of a basement in the building;
(5) Subsurface drainage system;
(6) Drainage system around the exterior walls;
(7) Drainage system under the basement floor;
(8) Sump pumps with back-up power supplies
The Building Commissioner, or his/her authorized designee may deny the requested permit
pursuant to the authority granted in Section 6-4.4 of this Chapter.
The Indiana Department of Natural Resources(DNR)maintains ground water data going back to 1935.
Soils and Water Table Review Requirement Ordinance
Page 4
(e) The Building Commissioner, or his/her authorized designee is authorized to require
as condition(s) of the issuance of a building permit, any of the required actions set forth in
paragraph (d) (1) through (8) herein, as he/she deems reasonable and necessary.
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 111. 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.
Oliver is, 6t Disirric ou it NX rxber
.ek—
Kareh L. White, ouncil Member at Large
F..,
Tim Scott, Districwuricil Member
Derek D. Dieter, Council Member at Large
Office of the City Clerk
YVO& 'rn �ndi�aa5 on the day
of , 2013 at o'clock . m.
Office of the City Cleric
Soils and Water Table Review Requirement Ordinance
Page 5
190�affig(,WA(by me on the day of , 2013 at o'clock—.m.
Pete Buttigieg
Mayor of the City of South Bend, Indiana
Filed it `; .. A Office
I vt R�ADIN G APR
AUSK HEANNG
3 rd READ:NG jog"e, t
NOT APPROVED Crrf CLERK,UOUT MBEND,I
REEERIZED
PASSED
0V TH
I en
le A" Common Council
ta65 441 County-City Building . 227W.Jefferson Blvd (574) 235-9321
South Bend,Indiana 46601-1830 Pax (574) 235-9173
http://www.s o uth bendin.gov
Derek D. Dieter April 17, 2013
President
The South Bend Common Council
Oliver J. Davis 4th Floor County-City Building
Vice-President South Bend, Indiana 46601
Karen L. White
Chairperson, Committee Re: Ordinance Requiring Review of Soils and Water Fables Data
of the Whole During the Building Permit Process
Tim Scott Dear Council Members:
First District
We are pleased to introduce for your review and approval a proposed ordinance
Second District t
Henry Davis, Jr. which would amend the City's building regulations.
Valerie Scbey With the New Energy Ethanol Plant shutting down production last November, our
Third District Public Works Director has confirmed that there are millions of gallons of water
per a day which are no longer being withdrawn. This has resulted in the water
Fred Ferlic table rising back to its previous natural level in this area, which was once
Fourth District marshland at the headwaters of the Kankakee River.
David Varner The attached ordinance would:
Fifth District
Require the Building Commissioner or his/her authorized designee to review
Oliver J. Davis as part of the building permit process for any new building or structure,
Sixth District enlargement, or moving an existing structure, a soils and water table review of
the immediate land area earmarked for the structure
Derek D. Dieter
At Large * Require such review to include reviewing four (4) items in addition to the
Gavin Ferlic current requirements, namely:
At Large
1. St. Joseph County Soils Map
Karen L. White 2. Maps depicting wetlands
At Large 3. Maps depicting floodplains
4. Maps depicting drainage basis/watersheds
with examples of each attached for your review immediately after a 1-page
summary from the USGS Publication on water tables.
O Requires the Building Commissioner or his/her authorized designee to -
confirm all locations in the vicinity where is large ground water withdrawals
of V2 million gallons or more per day
Cover Letter to Soils and Water Tables Review Ordinance
April 17,2013
Page 2
8 Authorizes the Building Commissioner, in conjunction with the Director of
Public Works, to implement additional conditions if warranted such as
requiring soil borings, recommend relocation, recommend that elevations be
given, deny the construction of a basement, require subsurface drainage
system, require a drainage system around the exterior walls; require a drainage
system under a basement floor; or require sump pumps with back-up power
supplies
Additionally, a cross-reference is made in the ordinance to the Building Commissioner's current
authority to deny a permit when deemed necessary. We are also attaching examples of the many
sources of documentation available on ground water from the USGS for informational purposes.
We believe that the proposed regulations are reasonable and a proactive measure to address real
concerns so that the safety,health and welfare of our citizens are protected.
This ordinance is proposed a similar spirit in which Ordinance No. 10225-13 was made. That
ordinance was passed by the Common Council on March 25, 2013, and continues the
requirement for a Certificate of Occupancy which has been deleted from the Building Code.
We look forward to having discussions with you and the City Administration on this very
important piece of proposed legislation. Thank you.
Sincerely,
Oliver s, Pu lie t psae Property Vacation Committee Chairperson
6 'Di Council Me ber
Kare L. White, Committee of e Whole Chairperson
Council Member at Large
t g or ods Committee
1 st Distric ounc' e bier
Derek D. Dieter
Council Member at Large
Attachments
Filed In 9
FA IP R 17 ', I"I
1
CITY CLERK,SOW H BEND,I
r'1tydR�ttepr tabYr� arett
g t 2t f#^ .�-°Artesian swat
6 3 ,
P7HSSure fley:i#.d
f C'e➢"1- � 6 µ ' s E
„ s
u
r ,
e, r
Water-table and confined (artesian) aquifers.
WATER-LEVEL RISES
The opposite problem, namely a rising water table, has developed in some parts of
the country. Rising water tables occur in areas where pumpage has been curtailed after
years of large ground-water withdrawals, such as for mine dewatering or municipal
water supply, which kept the water table below its natural levels. The curtailment of
pumping allows the water table to rise to the previous natural level, which may flood
underground structures that were built when the water table was lowered.
In many parts of the country, water levels in shallow aquifers have been lowered
artificially over large areas. If houses are constructed in dewatered areas and if the
water table then recovers to its natural (higher) level, basement flooding or foundation
failures may occur, especially where the natural water level is within 10 feet of the land
surface. Many basements that were built in a dry unconsolidated material and that had
remained dry for decades have now become permanently wet. The public's first reaction
may be that unusually heavy precipitation in the past few months has raised the water
table or created a temporary perched-water system, when in fact the situation is much
more serious and will remain a problem unless pumping is resumed to maintain a lower
water table.
Where water levels are closely monitored, water-level records can indicate whether
such high water levels are related solely to climatic events or whether water levels are
recovering after nearby pumping has ceased, An increasing number of local areas are
being dewatered for mining or industrial uses, which could cause serious problems in the
future when such pumpage is decreased or ended.
Similar situations have occurred where housing developments were built during a
period of extended drought when the water table was low, Even if basements were the
"daylight" or raised type because the natural water table was shallow, the eventual
return of a wet period caused the water table to rise a few feet and flood basements.
[Source: USGS Publication by Roger M. Wailler; p. 3, pp. 12-13]
htt us s. ov i w ruralhomeowner w ruralhomeowner new.html
�''� Y./ y ` 41 x 9 .[ 4 a> z F 1t. z3 1 r �` r €f z4s x° 4� s L`M.
— kL ilk v 4y�ig 5�y z!z �,taat E .°a8 is kf -. �s'ly. Z" z 'f :�Py.',� C� r i _ f 4 '4i 5111 s Y t 'i
0. F -4 k S -' i 1 B L . 1
�I
f f !
r�a §a R
1 ev i g a
--. 6 "i
ri l _:,
t
a
_ §
;
i. _
Fr,
� F>
z!Iill,hw+ tF
11 a - '; s
C- e°• '°" k'y°'s
LF q Y Ir
�Yvw y.
,a
�4\ - a z 1
..a, e ' i �$s r 141? tt -
t ey v x',zk
' g ¢ r
• 1 In , EM R
Qqj R t ;
.'. .:r
."r
g a
is?I
6 Sz ����§i - �� (k.1.
:! '" l: i. i; � � a S€11 81 , ,ia 1 7
11 � +�9 r
�• € : 1 } iz � €f F , e, �� � fir x""('
• z -' 1 § '� — �'1
aw e
a
i ,_�'. . I ......I
F L�� . _5 3 ..d +'te ey
I
D A }� �� b 1. i k 'fit y: I h�"'r
1k ig
���, I�i " .... , . 4
p
x fi` �> "Cp
j f
Y
i c.:� =
ai v :
` {,r ..Q. ! f _?
'i5 7 0. :6 �` 'a V.
n
"fi � c
,
° Lea t .' 6 Li :; ' '' r t pJ � ' €pzs
11,� t a m g a
; '' 3 A 4111E AFR aL"Y w +. `' � dr s a .E n r r 1 , r
pct � ` i � 'A.laze
rd fast Y Y1I\ $�7�� t '1 � 1 �,�F
rya Fx Fx q Y° eF. °l f `'�^ C..a� z Rk .; e '� r'is' L
x - '2 t c �iXz 4 a� rro.�� � aC3 - e xz xzJ ik .I
1i ar tx '�}JSCZ� L�.k'?rnz'�m`sti-. �� �; � e{l A k l :L t � ��
X11 Ss r txz n t1ylF -.�'r� x v ' a Q R� n �x lk�d E.1L c 1 t z tz [i 1i xt�i d�tiR:�Lt : vti ", k`f i
1101 —It
Li„gv� 43�Si3 L S iR{S 7E5�Lx`F `kYi!.1i�#?`;� �Y'"� '8lt$i�$'$t&� iA 1 4+ �' : P ki �"4 ��� ?41" i
tom, g pJ
"' siulz v, x axl\k iSy1fiVE-4, s:4S ' 1 fylbYz'�..;" F37 ay tt ' 4i,,.vM r f6 sz
P1 � r� Fs g t� xe i3 � y x; � 31
�—s 5e,r ?yFti, >�R use ; $ , .'. s., � {� ,
S ,o Y tN r r 3,w .�.. Fl�. T.y;iXY E t 'n'� n 5 4
n eeL -izpn v tJ / ay ` s Y t S y 1 >_ t 4
C�� t �� � iLxl '�n ` 1 . u �s
�� �° g �1 i ,;�., si la € t, .1� "
k � VMW� jt L U �E .?e. s t> RkLI
-d�k e d
\ �
} $ .
$
ƒ
\ ` 3
}
\
\ , .
\ u /
\ ®j
/7k k
J b
�
% 0
Ln 2 .
CL
m �
-
�
\ .
\
\ -
} `m
\ /
> _ I
\ \ <
\ 2 \
\ LLI
LO
LO
l") M
5 �
O O O N
N.. .€
V U U
oo t LO
y
- o
Q �
CD O N (Y?
O O O N N Cl) co
QO CO s op
col
aB
o p
o Q
LLI C? U U U N
:. v O
Gl
r O
.-
i
Q U CY O U
co
CIJ
CM
ca co U
O
O (N
p i O O rs ob
Z U C)
Y
r Z ❑
Ii l z , r I
co
O � mid
to I ti. r
v o co rn Cl) v
R U O o{
a U r-
a�
a co 06 e--
m O p — —
V) h
(D p
U
w O
ol p
Q
t
� v
4 o : vo p
AD
WY
cl
a
N
\ \
o LO
cl LO
co It
co
y
E
yi
v k { s
a 5 . 11 1 4 1
q '
G
CO
S� S}gpigl�a'iiy
Qj
rn t1f
V �3L�43
!
Egm nFumni"
Qj Q x
aj
[6 {af}
LY3
Sn _ �t1M`�b tS�S `tixxA� •)yUti #Y'ii �si""1�,{ "�k. _ �'S 1' ) S�
to U1
� �
t
' .. .., .:. .. � ... ..,; ..•, ..,...„� ���i!$ � ' -z1 Y3 fit\3�li i{Ya4�� �' ����t� �4 �'
.x
{
4 at; t Li l tt4{!4 i
on
S
L7 ki U c RS � z
Yy o
`
LLE [�'6 0 {tix1 his
M�
Y p J Yu
rD co
N 211 iC 1
c u�
U
Table I. Water factors to consider in buying or building a new home
Problem Probable cause Remedy or
source oI help
Inadequate water yield Poor aquifer Install larger. deeper well
Well screen or pump intake encrusted Have cleaned by well driilcr
Lower water level Deepen well
Contact water resources agency
i4'et basement Seasonally high water table Add.4ump pump or drains
Recovered water level Add sump pump or drains
Drainage from roof or slope Acid rout gutter. reslope land
Contact Sail Conservation Service
Gas in water Methane from bedrock Install vent on well head
Aerate the water
Install water treatment
Drill new well away from house
Contact State geological survey
Sally water Road salting Install new well farther upslope
Provide better road drainage
Road-salt slcockpile Install new well away from drainage
Request correction by highway
department
Contact health department
Furl-oil ccmtamination Leaky or spilled storage tank Install new well upslope
Adjust to low pumping rate
Oil or g i.solinc- `e.irby service station Obtain new source of water
contamination Contact health department
FlAcletia contamination Septic, effluent Chlorinate as first step; contact health
depat1ment
Install new well upslope
Install new leach field farther away,.
Deepen well in some cases
Seek control on neighboring system
Barnyard waste Redirect waste t7cow
Install new well upslope
Seek control on neighbor's activity
Contact agricultural agency
Organic chemical Former land itse Install new well farther away
contamination Deepen well in some t:9ses
Contact heal€h department
C'urre'nt land application Create buffer zone around recharge
area
Dispose of wash water properly
Seek control on neiahbor's activity
Contact health department
Land Subsidence Excexsi�c ground-water withdrawal Contact State regulatory agency
R&xA solution Relocate house
Contact State geological survey
Sinkhole d,rvelopmen€ Rork solution Relocate house
Contact State geological survey
Source of ground No knowledge Contact water resource agency
water unknown No well data available
Contract water resource agency
35
Table 2. Sources of information
Geologic conditions and mining areas
State geological surveys
State bureaus of mines
State natural resources agencies.
U.S. Geological Survey
S61%. drainage, and agricultural Lllc,,
U.S. Department of Agriculture
State land-grant colleges
County extension agents
Topography
U.S. Geological Survey
Ground-water resources and waitt-testing
State natural resources or environmental
departments
State water resources departments
County health departments
U-,S. Geological Survey
National Water Well Association
Water-supply and septic-system construction
State health departments
State environmental or conservation departments
County extension agents
U.S. Environmental Protection Agency
U.S. Deparuncril of Agriculture
Land use and zoning
State planning agencies
Counly planning and zoning agencies
This publication is one of a series of general interest publications
prepared by the U.S.Geological Survey to provide irifoUnation about
the earth sciences,natural resources. and the environment.To ot)•
lain a catalog of additional fittes in the series"General Interest Publica-
tions of the U.S-Geological Survey,—write:
U.S. Geological Survey
Branch of Distribution
P.D. Box 25286
Denver, CO 80225
36 0,G,GOVERNMENT PRINTING OFFICE:1,994-350.615
JOHN W. BYC>RNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CfTY BLDG. SOUTH BEND.INDIANA 46601 (57-4)235-9571
April 17,2013 nw-
The Honorable Council of the City of South Bend
4th Floor,County-City Building
South Bend, IN 46601
RE: A combined public hearing on a proposed ordinance of Jose Luis Consuelo to zone from MU Mixed Use
District to CB Community Business District;and seeking a Special Exception Use for automobile sales and
service,property located at 3801 W.Western Avenue,City of South Bend-APC#2668-13
Dear Council Members:
I hereby Certify that the above referenced ordinance of Jose Luis Consuelo was legally advertised on Thursday,
April 04,2013 and that the Area Plan Commission at its public hearing on Tuesday,April 16,2013 took the
following action:
Upon a motion by Oliver Davis, being seconded by Michael Mecham and carried,the Special Exception Use for
automobile sales and service was sent to the Common Council with a favorable recommendation subject to a Written
Commitment that Jose Luis Consuelo agrees that this Special Exception Use for automobile sales and service for the
property located at 3801 W. Western Avenue, South Bend, Indiana is valid only so long as Jose Luis Consuelo owns and
operates the automobile sales and service facility. At such time as Jose Luis Consuelo no longer owns and operates the
automobile sales and service facility,the new owner would have to re-file for a Special Exception Use in order to operate
an automobile sales and service facility. The site plan and the requested variances,as amended,will help to ensure that
the redevelopment of this site sustains a successful business and protects the adjacent residential neighborhood.
Upon a motion by John McNamara, being seconded by Oliver Davis and unanimously carried,a proposed ordinance of
Jose Luis Consuelo to zone from MU Mixed Use District to CB Community Business District,property located at 3801
W. Western Avenue,City of South Bend, is sent to the Common Council with a favorable recommendation. Western
Avenue is a heavily traveled east/west commercial corridor,providing business opportunities for new and
established businesses.The appropriate expansion of this business will relieve Chicago Street from being used as a
parking area,and add much needed buffering between the business and the neighborhood.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are
shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of
this report.
Sincerely,
4ohn W. Byorni r'
Attachment �� F"
CC Jose Luis Consuelo
SERVING:ST.JOSEPH COUNTY,SOUTH BEND.LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND
w ,stjosephcountyindiana.cone/Areapfan
Staff Report 4/3/2013
APC # 2668-13
Owner: Jose Luis Consuelo
Location: 3801 W. Western Avenue
Jurisdiction: City of South Bend
Public Hearing Date:4/16/2013
Requested Action:
The petitioner is requesting a:zone change from MU Mixed Use District to CB Community
Business District; a Special Exception Use for automobile sales and service; and six variances
from the development standards.
Land Uses and Zoning:
On site: The site is vacant. The building was recently demolished.
North: To the north is a large vacant lot zoned SF2 Single Family and Two Family
District.
East: To the east, across Illinois Street, is a towing business zoned GB General
Business District.
South: To the south, across Western Avenue, is a liquor store and associated parking
lot zoned LB Local Business District.
West: To the west is the owner's existing automobile sales and service business
zoned CB Community Business District.
District Uses and Development Standards:
The CB Community Business District is established to provide a location for high volume and
high intensity commercial uses. Activities in this district are often large space users which may
include limited amounts of outdoor sales or outdoor operations. Developments within the
CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby
residential districts.
Site Plan Description:
The site to be rezoned is approximately 17,000 square feet. The site will be used for storage
of cars to be repaired or cars displayed for sale. There is a 475 square foot proposed
raised flowerbed on the east along 11 ino is Street that covers 3%of the site. The rest will be
paved. A Thigh chain link fence is proposed on the north, east and south. Access will be
from Western and through the existing sales lot to the west.
Zoning and Land Use History And Trends:
The existing business to the west, which is part of the petitioner's operation, received a
special exception in 2005 for automobile sales and service, with a front setback variance
approved for five feet.
Traffic and Transportation Considerations:
Western Avenue is a four lane street.
Utilities:
The use of this site will not require the extension of public utilities.
Agency Comments:
The City Engineer needs to review the building permit site plan for access and drainage. The
Department of Community Investment has reserved comment until more information is
received.
APC#2668-13 Page 1 of 3
Staff 4/3/2013
Commitments:
No commitments are proposed.
Criteria to be considered in reviewing rezoning requests, per 1C 36-7-4-603:
1. Comprehensive Plan:
Policy Plan:
City Plan, South Bend Comprehensive Plan (November 2006)
Objective LU 1: Plan for the future of the community's districts, neighborhoods, and
corridors.
Objective LU 2.2:Pursue a mix of land uses along major corridors and other locations
identified 'on the Future Land Use Map.
Land Use Plan:
The future land use map identifies this area along Western as commercial.
Plan Implementation/Other Plans:
Western Avenue Commercial Corridor Revitalization Action Plan (June 1999): The Market
Development objectives include attracting developers, merchants, and small business owners,
and encouraging new development.
A Vision Plan for the Commercial Corridor of The Western Avenue of South Bend, Indiana
(February 2003): Items in the Mission Statement include improving the business climate and
improving the appearance of property and infrastructure on Western.
2. Current Conditions and Character:
Western Avenue is a traditional commercial corridor, with a mix of businesses serving the
adjacent neighborhoods.
3. Most Desirable Use:
The most desirable use along this commercial corridor is a commercial use.
4. Conservation of Property Values:
The expansion of the existing business, when properly buffered, should have a minimal effect
on surrounding property values.
S. Responsible Development And Growth:
It is responsible development and grow to allow for a variety of adaptive reuses along a
well-established commercial corridor.
Staff Comments:
This is a combined public hearing procedure, which includes a rezoning, a special exception
use and a number of variances from the development standards. The Commission will
forward the rezoning and the Special Exception Use to the Council with or without a
recommendation, and either approve or deny the variances.
The rezoning is from MU Mixed Use District to CB Community Business District.
The Special Exception Use is for automobile sales and service.
The petitioner is requesting the following variances:
1. From a maximum 4' fence to 7' in the front yards (south and east);
2. From the required Type B landscaping on the north to a 7' high chain fink fence with
corrugated metal;
3. From the required 15' parking setback to 5' on the south and east;
4. From the required 20' rear residential bufferyard to 7';
APC#2668-13 Page 2 of 3
Staff Re22 rt 4/3/2013
5. From the required Type A landscaping to green space as shown on the site plan on the
east and none on the south;
6. To allow a 7' high fence in the 10' clear site triangle at the driveway.
State statutes and the South Bend Zoning Ordinance require that certain standards must be
met before a variance or Special Exception Use can be approved. These standards are
attached and made part of the Staff Report.
Recommendation:
Based on information available prior to the public hearing, the stag recommends that the
rezoning petition be sent to the Common Council with a favorable recommendation.
Based on information available prior to the public hearing, the staff recommends that the
special exception use petition be sent to the Common Council with a favorable
recommendation.
The staff recommends approval of variances #3, 4,and 6, denial of variance #2, and to amend
variance #I to a height equal to the existing fence minus the barbed wire, and to amend
variance #S to include a hedge row in the area designated as"green space" on the east side.
Analysis:
Western Avenue is a heavily traveled east/west commercial corridor, providing business
opportunities for new and established businesses. The appropriate expansion of this business
will relieve Chicago Street from being used as a parking area, and add much needed buffering
between the business and the neighborhood. The site plan and the requested variances, as
amended, will help to ensure that the redevelopment of this site sustains a successful business
and protects the adjacent residential neighborhood.
The Special Exception Use meets the standards for approval of Special Exception Use in that
moving parking out of the right-of-way will support public safety; the expansion of an existing
business should not affect the adjacent property values; the general character of Western
Avenue is a commercial corridor with a mix of business and commercial uses; and that City
Plan objectives are being met in providing for a range of mixed uses.
APC# 2668-13 Page 3 of 3
a
.ss y I
?--- I;y '
I )
"!. u��7r�.,kt "� -M1� �'ns17e. 7�'1tn., �` +"49'fir -� v r J 'e� r +d''. 1 � tk'M { f*'�'f"' y!' '•
,
I `� 1� � � nry,C, aa�I`�^" �" J ��t�.-'4��y�� �•i�' �'j� F - —'��A r"'r��,`
LP �[ "my
' . a r' s, ✓ �F z rfy r Ei
A �Ykl lyq ae fro)s �t 4 n it ? '
t r v' t � y".,�V�" t��,vws �! ,,,2�ial? 4 lFI P1i s, 'T iA.ut 43f'� -y ✓?,54�i Y}�i'1�,'S'i4T�se�ia ' �5"�Fi� '���
,it;s. '}' ,�,Eyr rd rL...;? i,�r + h s ,",r F"t k l 1- f_,� �''°�J�ir .md r l 'Pd rfi`➢.^7` �.rla !�,ji�i
r,g�.
s ! ` �;_ CF( " t �.f Fes,Ha},✓1 P �,r Js�'-7�2 f tH� �.r !vll�
T
fa'.p fi'c°
r S,��{`�n
�
L� 1`Si yf°5 ..1� e��'Y7_.?'y I"`y�`5 7�� kJ ��'�t I I�T� T 1 f.�J I Jr-` 'k-Ci,'�- r7 t��i'u�r 11 P r-.,,d�R!^J r;��j �I le� ir-�P✓�r
�a - �i K
'Al 3, rr a j�r:#rl+
r�r ipwvw.n k'� ryyrrJ Nyrar�r {f 2 IM
s
Ste„t r { Fdd4�' A r r r7 n ->< '
...! N.✓_r,L'�,1�,v �a vT'�3 '���� 4` � d � sG" ���7 � E2 e { T rrk rr bFr�,+}1:
4.rsiF�sxLc �ySvG:� f
r Ij
tE
l�sf_!.. , .you r tir. ;.,n -".-�-J .� +:k.J ek,d+ 4{ r`' d '°rl�k e'�`'�n'�2�ir-w.h �,s.'"„ir';'�•I �y^; a,� .. :.x °N� a t a,.k r
a'E
���� M�r �� +
.-rf.7 r4y :31�`�kar�$P'lJ�aa ^� .3,,,. - rT4r.f°AUJ �Sr_�� rp�+`,�r�i
na 'rat .,gcn4W s rf-:�f"Y li d+ 'E �G7 e '3C d s.,r....,u J �r c'+`IYi d
s 'SL G.' j�k4c..i"; +�.,:.t r '{."']fir'^ x ,5
�'.re`:�i-"!I ����>���
���w'
NO
zr a a "�''�.-'�
-
!ZONING
SOUTH SoU; TH BEND `SF2`SINGLE FAMILYAND TWO FAMILY DISTRICT .
"w 1 USE DISTRICT
SOUTH i w LOCAL BUSINESS
SOUTH : i :"COMMUNITY BUSINESS DISTRICT
SOUTH "' + DISTRICT
r
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL,
EXCEPTION FOR PROPERTY LOCATED AT 3801 W WESTERN AVENUE, COUNCILMANIC
DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
CURRENTLY THE PROPERTY IS ZONED MU- MIXED-USE DISTRICT AND IT WILL BE
CHANGED TO CB-COMMUNITY BUSINESS DISTRICT FOR THE SPECIAL EXCEPTION FOR
AUTOMOBILE SALES & SERVICE.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana as follows:
SECTION 1. Ordinance no. 9495-04, as amended, which ordinance is commonly known as the Zoning
Ordinance of the City of South Bend, Indiana,be and the same hereby is amended in order that the
zoning classification of the following described real estate in the city of South Bend, St.Joseph County,
State of Indiana:
Lot 1030&E1/2 Vac Alley& S1/2 Vac Alley
LaSalle Park
Be and the same hereby established as CB--Community Business District.
SECTION 11. That a Special Exception for Automobile Sales& Service in a CB—Community Business
District zoning district is hereby granted subject to a site development plan hereby attached and made a
part of this Ordinance and which site plan contains and lists all conditions, if any, of approval.
SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common
Council, approved by the Mayor,and legal publication.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day
of ,20 , at o'clock m.
City Clerk
Approved and signed by me on the day of ,20_ ___.___,
at o'clock m.
Mayor of the City of South Bend, Indiana
ice
Filedy
FMMAR b
-,PUBLIC HEARING 73"jramp,3 rd READING Cl"I"`�Ct,EREg.,30
NOT APPROVED
REFERRED
PASSED