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HomeMy WebLinkAbout03-23-09 Common Council Meeting Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, MARCH 23, 2009 7:00 P.M. 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL.CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS A. 09 -25 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND HONORING SOUTH BEND POLICE CORPORAL RON GLON FOR BEING NAMED THE 2008 POLICE OFFICER OF THE YEAR B. STATE OF THE COUNCIL - PERSPECTIVES FROM EACH OF THE LEGISLATIVE MEMBERS OF THE SOUTH BEND COMMON COUNCIL (45 - 65 MINUTES) 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 17 -09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $750,000.00 FROM COMMUNITY DEVELOPMENT FUND ( #212) FOR EQUIPMENT FOR INNOVATION PARK AT NOTRE DAME 18 -09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,000,000.00 FROM STATE GRANT FUND ( #210) FOR CONSTRUCTION AND /OR EQUIPMENT FOR INNOVATION PARK AT NOTRE DAME 19 -09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $175,000 RECEIVED FROM THE U.S. DEPARTMENT OF JUSTICE FOR THE WEED & SEED PROGRAM 8. BILLS, THIRD READING BILL NO. TIME: 17 -09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $750,000.00 FROM COMMUNITY DEVELOPMENT FUND ( #212) FOR EQUIPMENT FOR INNOVATION PARK AT NOTRE DAME 18 -09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,000,000.00 FROM STATE GRANT FUND ( # 210) FOR CONSTRUCTION AND /OR EQUIPMENT FOR INNOVATION PARK AT NOTRE DAME 19 -09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $175,000 RECEIVED FROM. THE U.S. DEPARTMENT OF JUSTICE FOR THE WEED & SEED PROGRAM 9. RESOLUTIONS RTT,T, Nn- 09-19 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REQUESTING THE SOUTH BEND REDEVELOPMENT COMMISSION TO STUDY IN GREATER DETAIL THE REQUEST TO FUND THE NEW TECH HIGH SCHOOL AND TO MEET PUBLICLY WITH THE COUNCIL 09 -26 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1029 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROBERT D. AND KELLEY S. BRETZ wl 09 -27 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 445 NORTH SHERIDAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TREADSTONE, LLC 09 -28 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALER /RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2009 PURSUANT TO SECTION 4 -51 OF THE SOUTH BEND MUNICIPAL CODE 10. BILLS, FIRST READING 11. UNFINISHED BUSINESS A. REPORTS FROM THE AREA PLAN COMMISSION 1. BILL NO. 01 -09 - REZONING - 2013 FORD ST. 2. BILL NO. 07 -09 - REZONING - 1032 WAYNE 3. BILL NO. 08=09 - REZONING - 1147, 1151 & 1205 N. HICKORY RD. 4. BILL NO. 15 -09 - AMEND CHAPTER 21- ZONING - DEFINE BOARD OF ZONING APPEALS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME• &11 0a- ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 117 NORTH TAYLOR STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Current zoning is mixed use (MU). Desired zoning would be single family (SF2) in order to build a garage. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is 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: Beginning at the northeast comer of lot 1 Taylor Street minor then west 94.76 feet then north 44.5 feet then east 94.76 feet then south 44.5 feet to the point of beginning. be and the same is hereby established as SF2 single family and two - family district. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Co cil Attest: City Clerk Cou �::�, d .: 9 and 11cii arum ()d this j l t I 4 Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2009, at o'clock m. Approved and signed by me on the .m. 1 st READING -� ✓�� PUBLIC HEARING 3 rd READING NOT APPROVED City Clerk day of , 2009, at o'clock Mayor of the City of South Bend, Indiana Filed to Clerk's ®f IC8 E ES 2 7 2009 JOtIM VOORDE CITY CLERK, SO. H IM, REFERRED PASSED Date Filed Application No Date received by the Area Plan Commission I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 117 North Taylor Street South Bend, Indiana 46601 2) Name and address of property owner(s) of the-petition site: Donald Kenneth Inniger III 117 North Taylor Street South Bend, Indiana 46601 (574) 288 -4705 3) Name and address of contingent purchaser(s), if applicable: n/a 4) It is desired and requested that this property be rezoned From MU mixed use district To SF2 single family and two - family district 5) This rezoning is requested to allow the following use(s): Existing single family home and construction of a detached garage. 6) Attached is a copy of (a) legal description of the property; (b) a statement of purpose and intent; (c) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property (e) a location map, if available, drawn to scale, which includes street names, printed in 8' /z" x 11" format. 25 / 072 .�'.�.:_ _ . t .. Si g n ature . r PETITION PREPARED BY: CONTACT PERSON: (If different) Donald Kenneth Irmiger III same 117 North Taylor Street FEI0d In Cler t'S 011 % South Bend, Indiana 46601 _- a- ---- -- don @irmiger.com F E 2 7 2009 anjjri VOORDE CITY CLERK, s0. SEND,1N. Legal description: Beginning at the northeast corner of lot 1 Taylor Street minor then west 94.76 feet then north 44.5 feet then east 94.76 feet then south 44.5 feet to the point of beginning. F Eg Z 7 2009 JOHN VOOF CITY CLEt " "tiK_ -- so, Fs�t�O'ti --� Statement of purpose and intent: Current zoning is mixed use (MU). Desired zoning would be single family (SF2) in order to build a garage. F Ep 2 7 2009 CITY Gs riKit E,' a-- Pr�vaCY .J e ay` Y► w M' � w � F Y Ar ^ ♦ Y 4r Y Y � J Co WTI FA 4 t� 1 E60 CNOO r H orne q'4.16 ` ( 117 Nor Ta lvr St . 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"/ KK 64 5 385 n J EFFERSON r' BLVD. a SB+ a� 4G q8o/ \ � ,fly {(l4']) CO _ 41 , 25,41-25 1 14 a 8 )1 30 35 45 4B.5� . 7� —° WA FIVE ;o 441. n 1 SF2 0 Colfax Ave St2 I I MO Washington St Y N V SF2 MU i N Y rn 0 H L OU -. i Information shown on this map N is not warranted for accuracy or merchantability. Reproduction of this material is not possible W $ MU without the written permission of St. Joseph County, Indiana. S A E (_ IV, � 06 . �') -OrA ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $750,000.00 FROM COMMUNITY DEVELOPMENT FUND (#212) FOR EQUIPMENT FOR INNOVATION PARK AT NOTRE DAME STATEMENT OF PURPOSE AND INTENT The City of South Bend has been awarded a U.S. Department of Energy grant which is limited to purchase of specialized technical equipment for Innovation Park at Notre Dame. This ordinance appropriates the grant funds for that intended use. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I . The sum of $750,000.00 is hereby appropriated from Community Development Fund ( #212) for the purchase of equipment to set up the specialized facilities at Innovation Park at Notre Dame. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common C ncil S' �tng Of is i =E la cniy t© NOW& an opportunify for puv�<<c Bearing and COuncll action on this issue, Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2009, at o'clock M. w City Clerk Approved and signed by me on the day of at o'clock m. 2009 Mayor, City of South Bend 1 st READING 3 ,q PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Filed In CleWs WICO MAR - 4 2009 JOHN WORDE CITY CLE S0. BEND, IN. 1200 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574/235 -9371 FAx 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR February 27, 2009 South Bend Common Council Fourth Floor Council Chambers 400 County -City Building South Bend, IN 46601 Dear Council Member: The attached bill for your consideration and approval will appropriate funds from a $750,000.00 Department of Energy grant the City was awarded for Innovation Park @ Notre Dame. The funds will be appropriated into the Community Development Fund (fund # 212) and used to purchase high -tech equipment for the facility. We look forward to your approval of this ordinance. Please note, these funds cannot be used for general government purposes, only to purchase specific pieces of specialized technical equipment to properly outfit the facilities at the new Innovation Park @ Notre Dame. Jennifer Laurent, Don Inks or I will present this bill at your March 23rd meeting. If you have any questions, please call Jennifer at 235 -9336 or me at 235 -9330. Thanks. Sincerely, Ellzab'eth Leonard �- Director, Financial & Program Management cc: Jeff Gibney Jennifer Laurent John March F@lo.d in C4erk!s 00ce F 3 2009 JOH11 c CITY CLER a0.6E;dA ! �!. COMMUNITY DEVELOPMENT PAMELA C. MEYER 574/235 -9660 FAx: 574/235 -9697 ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM DONALD E. INKS MANAGEMENT 5741235 -9371 ELIZABETH LEONARD !� 574/235 -9371 �"(J Q) Oo- I3- ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,000,000.00 FROM STATE GRANT FUND ( #210) FOR CONSTRUCTION AND /OR EQUIPMENT FOR INNOVATION PARK AT NOTRE DAME STATEMENT OF PURPOSE AND INTENT The City of South Bend has been awarded an Indiana Economic & Community Development grant, the use of which is limited to the construction, equipping, or outfitting of the facilities for Innovation Park at Notre Dame. This Ordinance appropriates these grant funds for their intended use. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The sum of $2,000,000.00 is hereby appropriated from State Grant Fund ( #210) for the construction and/or purchase of equipment to set up the specialized facilities at Innovation Park at Notre Dame. Section H. 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 Courki Attest: City Clerk m nq of this Hill is only to provide an op orfuni � f0 ��:'� �. hearing and Council ~ 1 0.n on Us issue. 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. t st READING 3 9t_0� PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Mayor, City of South Bend Filed In clines Office MAR - 3 2009 JGEd?d L�CL�'sCE CITY CLEr3K. So. "Vo. , Im. 1200 CouNTY -Cm BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574/ 235 -9371 Fax 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR February 27, 2009 South Bend Common Council Fourth Floor Council Chambers 400 County -City Building South Bend, IN 46601 Dear Council Member: The attached bill for your consideration and approval will appropriate funds from a $2,000,000.00 Indiana Economic Development Corporation grant the City was awarded for Innovation Park @ Notre Dame. The funds will be appropriated into the State Grant Fund (fund # 210) and used for the construction and equipment for the facility. We look forward to your approval of this ordinance. Please note, these funds cannot be used for general government purposes, only toward the construction and/or equipment to properly outfit the facilities at the Innovation Park @ Notre Dame. Don Inks, Jennifer Laurent or I will present this bill at your March 23rd meeting. If you have any questions, please call Don at 235 -9339 or me at 235 -9330. Thanks. Sincerely, Iz bath Leonard a Director, Financial & Program Management cc: Don Inks Jennifer Laurent John March Filed 'In C " office MAR - 3 2009 .rt7 Jo VO gl:i�D,1N. C ITY CLECiC, COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235 -9660 574/235 -9371 ELIZABETH LEONARD FAx: 574/235 -9697 574/235 -9371 RESOLUTION NO. 6 1. 1. � 0 0 A o f --( 1 _ A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REQUESTING THE SOUTH BEND REDEVELOPMENT COMMISSION TO STUDY IN GREATER DETAIL THE REQUEST TO FUND THE NEW TECH HIGH SCHOOL AND TO MEET PUBLICLY WITH THE COUNCIL 9�, the Common Council of the City of South Bend, Indiana, notes that Indiana Code § 36 -7 -14.5 sets forth the enabling state legislation which authorizes a unit of local government to establish by ordinance a 5- member Redevelopment Commission, with three (3) members being appointed by the Mayor, and two (2) members being appointed by the Council; and the Common Council further notes that Ordinance No. 4121 was passed by the South Bend Common Council on September 24, 1956; and was approved by Mayor Edward F. "Babe" Voorde on September 29, 1956 with this ordinance creating a "Department of Redevelopment" as well as a Redevelopment Commission; and currently the Redevelopment Commission meets on the I" & P Fridays of each month at 10 am. in the Board of Public Works Conference Room, 13 Floor County-City Building and its membership includes Marcia I. Jones, President; Dr. David Varner, Vice - President; Nancy King, Secretary; Gregory Downes, Member; and Don Alford, Member with the Common Council having appointed Marcia Jones and Dr. Varner; and the Common Council has learned from news reports that the Redevelopment Commission may be formally asked to consider using $1.3 million of TIF monies in 2009 and an additional $1.6 million of TIF monies in 2011 for the proposed New Tech High School, a concept which the South Bend Community School Corporation supported to pursue at its February 9, 2009 meeting. tea., 6lL Gs .r awa,, by the Common Council of the City of South Bend, Indiana, as follows: Section I . The South Bend Common Council believes that the new tech teaching and learning concept is very exciting and may be a significant benefit to our youth, as well as to our entire community. However, the Common Council strongly believes that since the Redevelopment Commission has never had the proposed new tech high school on their agenda, that before the Redevelopment Commission can move forward on any funding requests for such a project, that much more information should be shared with the Common Council and the entire community. New projects of this magnitude should be successful and cost - efficient, especially in the post HEA 1001 era which has created additional fiscal challenges on all public entities. Before individuals can enthusiastically embrace the overall goal, communication and information sharing is not only mandatory, but it is vital to the very success of the proposed project. At a minim the following critical areas should be addressed and discussed openly before moving forward: • What is the complete plan for the proposed new tech high school project in the short and long term? • Why is private property being considered for its possible location, and were school properties considered? • Why is the timing of the proposed project so rushed, especially in light of the estimated cost for the fast year of operation being $2.75 million? • Have inter -local agreements been drafted spelling out the role and responsibilities of each entity? Section II . The South Bend Common Council notes that under the current Indiana state law that approval of TIF monies is given to the Redevelopment Commission, an appointed board, rather than an elected body. In light of that, the Common Council urges the Redevelopment Commission to meet with the Common Council and the South Bend Community School Corporation Board of Trustees to discuss this proposed project in public. Such a meeting would provide the opportunity for transparency, and perhaps even better ideas to make a new tech high school in South Bend, Indiana, an example of education excellence which other communities would want to emulate. Section M. 's Resol 'on shall be in full force and effect from and after its adoption by the Council and appr v the or. A , re S, District O1i N D�a�is, 6 istri ct Henry D r., District Al " uddy" Kirsits t Lar e TRhias LaF tain, 3` ct Karen L. Whit , At Larg ello, 4 22 _ , � trict Timo y A. e, At Large <1, avid Varner, 5 District Kathleen Cekanski- Farrand, Council Attorney C�',/�iCadUua_ o��el�nriarr� 2009 . J City Clerk Stephen J. Luecke, Mayor of South Bend (� -, t1 Po . 09" RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1029 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROBERT D. AND KELLEY S. BRETZ WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1029 Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: That part of the Northeast Quarter of Section 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot #84A of the Plat of "Sorin's Second Addition Fourth Replat" Subdivision recorded by Document No. 0809810 in the Records of the St. Joseph County, Indiana Recorder's Office. Containing 0.17 acres more or less. Subject to all legal highways, easements & restrictions of record. and this property has Tax Key Number 18 -5104 -3649, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq ., and South Bend Municipal Code Sections 2 -76 et se g., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1- 12.1, et M., and South Bend Municipal Code Sections 2 -76, et se ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et se ., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION M. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION 'IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6- 1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Signing Of this bill is oP�ortuniY to RroviQa an Coundl aft CM lc hearing � . MIS t_cu o 3 -L 3 - <NJ Member of the Common Council Filed In CIONG Offlce MAR :VO 2009 3 JOHREIO' 14L CITY CLER SO- 8E" 1200 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574 /235 -9371 FAx 5741235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR March 2, 2009 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: TREADSTONE, LLC Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a personal property tax abatement petition for the above - referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the acquisition and installation of a new tire shredding machine to be located at 445 North Sheridan Street. The report contains the Department's findings relative to the above petition. The total cost for the equipment is estimated at $200,000. The project meets the qualifications for a (5) five -year personal property tax abatement and a representative from Treadstone, LLC will be available to meet with the Committee on Monday, March 23, 2009. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -5835. Sincerely, ?1/�_ 1 �i Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235 -9660 574/235 -9371 ELIZABETH LEONARD FAx: 5741235 -9697 574/235 -9371 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574 /235 -9371 FAx 574/235 -9021 TDD 574/ 23 5-5 567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT . JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: TREADSTONE, LLC DATE: March 2, 2009 On February 27, 2009, a petition for personal property tax abatement consideration for property located at 445 North Sheridan Street was filed with the City Clerk by Treadstone, LLC. Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY Treadstone, LLC recycles solid rubber tires into rubber mulch of various sizes and weights depending on use. Ninety percent of their production is a large premium size that is used primarily for children's playgrounds and for landscaping. The equipment to be purchased is a tire shredding machine. The new machine will double the company's production capacity to recycle solid rubber tires into mulch. The company is relatively new. For the past two years it has been using three prototype machines to manufacture its product. These machines are not built to withstand the rigors of the company's current production schedule. The new machine is stronger and will ease the burden on the three prototypes. In fact, the new machine is being built following a design that Treadstone developed and provided to the machine manufacturer. The design is based on Treadstone's experience with their prototypes. The estimated cost of the new machine is $200,000. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235 -9660 574/235 -9371 ELIZABETH LEONARD FAx: 574/235 -9697 574/235 -9371 South Bend Common Council RE: Tax Abatement for Treadstone, LLC March 2, 2009 Page 2 Total taxes to be abated during the (5) five -year abatement period are estimated at $7,815. Total additional taxes to be paid as a result of the project during the five -year abatement period are estimated at $6,311. EMPLOYMENT IMPACT Per the petition, it is estimated that the project will create three (3) new, permanent full -time positions with an annual payroll $60,000. The project will also maintain four (4) existing permanent full -time positions and one (1) existing part-time position with a total annual payroll of $160,000. ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the Petitioner, Treadstone, LLC, has not been granted or associated with any previous tax abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for personal property tax deduction must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year personal property tax abatement under section 2 -84.2, Tangible Personal Property Tax Abatement. 5 YEAR TREADSTONE, LLC. South Bend Portage Township Personal Property Tax Abatement Schedule* Tax Key Number Current Assessed Value: Estimated Project Cost: 18- 2193 - 725701 0 200,000 2- Mar -09 Gross Tax (tax rate x net assessed value) Less Circuit Breaker Credit Net Tax Circuit Breaker Cap Circuit Breaker Debt Service Circuit Braker Cap 0 0 0 0 40% 56% 42% 32% 24 % 0 Current 100% 80% 60% 40% 20% Assessed Value: AV & Tax Year 1 Year 2 Year 3 Year 4 Year 5 Current Assessed Value 100% 0 0 0 0 0 0 Base Assessed Value 2,250 80,000 112,000 84,000 64,000 48,000 Less Abatement Deduction (80,000) (89,600) (50,400) (25,600) (9,600) Net Assessed Value 0 0 22,400 33,600 38,400 38,400 Property Taxes: Assume constant tax rate of 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% Gross Tax (tax rate x net assessed value) Less Circuit Breaker Credit Net Tax Circuit Breaker Cap Circuit Breaker Debt Service Circuit Braker Cap 0 0 0 0 964 0 1,445 0 1,652 0 1,652 0 0 0 964 1,445 1,652 1,652 3.0000% 0 2,400 2,400 2,400 2,400 2,400 0.5477% 0 0 123 184 210 210 0 2,400 2,523 2,584 2,610 2,610 New Combined Net Existing Project Existing & New Tax Tax Year Taxes Taxes Taxes Abated Paid 1 0 2,838 2,838 2,838 0 2 0 3,013 3,013 2,050 964 3 0 2,860 2,860 1,415 1,445 4 0 2,751 2,751 1,099 1,652 5 0 2,663 2,663 413 2,250 Totals 0 14,125 14,125 7,815 6,311 'This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. STATEMENT OF BENEFITS 4 PERSONAL PROPERTY t> State Form 51764 (R 11-06) Prescribed by the Department of Local Government Finance FORM SBA i PP PRIVACY NOTICE The cost and any specific individual's salary information is confidential; the balance of the filing is public record per IC 6-1.1- 12.1 -5.1 (c ) and (d). INSTRUCTIONS. 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and/or research and development equipment, and/or logistical distribution equipment and/or information technology equipment for which the person wishes to claim a deduction. "Projects* planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6 -1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to installation of the new manufacturing equipment and /or research and development equipment and/or logistical distribution equipment and /or information technology equipment, BEFORE a deduction may be approved 3. To obtain a deduction, a person must file a certified deduction schedule with the person's personal property return on a certified deduction schedule (Form 103 -ERA) with the township assessor of the township where the property is situated. The 103 -ERA must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March i and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF -1 / PP annually to show compliance with the Statement of8enefits. (iC 6- 1.1- 12.1 -5.6) 5. The schedules established under 1C 6- 1.1- 12.1- 4.5(d) and (e) apply to equipment installed after March 1, 2001. For equipment installed prior to March 2, 2001, the schedules and statutes in effect at the time shall continue to apply. (IC 6- 1.1- 12.14.5(f) and (g)) SECTI . -,. ., Name of taxpayer Treadstone LLC Address of taxpayer (number and street, city, state, and ZIP code) 445 N Sheridan St Name of contact person Telephone number Debra Sanderson (574) 234 - 9520 SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number (s) Treadstone LLC Location of property County DLGF taxing district number 445 N Sheridan St St Joseph Description of manufacturing equipment and/or research and development equipment ESTIMATED and /or logistical distribution equipment and /or information technology equipment. START DATE COMPLETION DATE (use additional sheets if necessary) Manufacturing Equipment 12/01/2008 04/09/2009 Building new tire shredding equipment, based on prototype that is currently in use, to process rubber tires R s D Equipment into rubber mulch and prevent said tires from being I Logist Dist Equipment landfilled I IT Equipment P ROPOSED SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF •. Current number Salaries Number retalned Salaries Number additional Salaries 5 �6 r/ Actr 1 5 140 0s9It 3 60 000- o0 SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT NOTE: Pursuant to IC 6 -1.1- 12.1 -5.1 (d) (2) the MANUFACTURING R & D EQUIPMENT LOGIST DM I IT EQUIPMENT EQUIPMENT EQUIPMENT COST of the property is confidential. COST ASSESSED COST ASSESSED COST ASSESSED COST ASSESSED VALUE VALUE VALUE VALUE Current values Plus estimated values of proposed project 200,000.00 200,000.00 Less values of any property being replaced Net estimated values upon completion of protect 1200,OOLOD 200,000.00 SECTI • AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted (pounds)1. „ D� . cic1 Estimated hazardous waste converted (pounds) _ N I - W Other benefits: For every 40.000 pounds of tires recycles that saves 1750 cubic feet of landfill space. 99% of material in the tire is recycled by this facility SECTI CERTIFICATIO 1 hereby certify that the representations in this statement are true. Signa of authorize representative Tid Date signed (month, day, year) We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1- 12.1 -2.5, provides for the following limitations as authorized under IC 6- 1.1- 12.1 -2. A . The designated area has been limited to a period of time not to exceed calendar years' (see below). The date this designation expires is B . The type of deduction that is allowed in the designated area is limited to: 1. Installation of new manufacturing equipment; ❑Yes []No 2. Installation of new research and development equipment; ❑Yes FIN o 3. Installation of new logistical distribution equipment. [ [:IN, 4. Installation of new information technology equipment; ❑Yes ❑ N o C. The amount of deduction applicable to new manufacturing equipment is limited to $ cost with an assessed value of D. The amount of deduction applicable to new research and development equipment is limited to $ cost with an assessed value of $ E . The amount of deduction applicable to new logistical distribution equipment is limited to $ cost with an assessed value of F. The amount of deduction applicable to new information technology equipment is limited to $ cost with an assessed value of G. Other limitations or conditions (specify) H. The deduction for new manufacturing equipment and /or new research and development equipment and /or new logistical distribution equipment and/or new information technology equipment installed and first claimed eligible for deduction on or after July 1, 2000, is allowed for ❑ 1 year [:16 years " For ERAS established prior to July 1, 2000, only a ❑2 years ❑7 years 5 or 10 year schedule may be deducted. [:13 years ❑ 8 years ❑ 4 years ❑ 9 years [:16 years " ❑ 10 years " Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved: (signature and title of Attested by: Telephone number I Date signed (month, day, year) Designated body If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6- 1.1- 12.1 -4.5 Filed In Clerk's Office 1EE VOOR BEND, IN. CITY CLER CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, personal property, located within the City of South Bend, hereby petitions the Common Council of the City of South Bend for personal property (new manufacturing equipment) tax abatement consideration and pursuant to I.C. 6 -1.1 -12.1, et seq., and South Bend Municipal Code Section 2 -84.2, et seq., for this petition states the following: 1. Describe the proposed project, including information about the new manufacturing equipment personal property (Aequipment @) to be installed, the amount of land to be used, if any, the proposed use of the equipment, and a general statement as to the value of the project to your business. New manufacturing equipment: Tire Shredding Machine -- to be placed at existin2 location and to supplement existin2 equipment. This unit will double our capacity to recycle solid rubber tires into rubber mulch. 99% of a used tire_ is recycled and put to use in various forms: rubber mulch for landscaping, curbing, tire derived fuel, pavement additive, etc. For every 40,000 pounds of tires that are recycled we save 1750 cubic feet of landfill space. 2. The project will create 3 new, permanent jobs within the first year, representing a new annual payroll of $ 60,000 and will maintain _ 4 existing permanent full -time and 1 existing part - time jobs representing an annual payroll of $ 160,000 . The projected annual salaries for each new position created are estimated to be as follows: Production worker: $8.00 hour start, $8.50 after 30 day probation, with _monetary reviews thereafter at 6 months and then annually. Overtime is at 1.5 Maintenance: $12.00+ per hour start, DOE 3. Estimate the total cost of the Equipment: $200,000 4. (a) The Equipment is owned or to be owned by the following individuals or corporations (if the business organization is publicly= held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): (Revised 8/2/02) 1 NAME ADDRESS INTEREST Treadstone LLC 445 N Sheridan St 100% (Revised 8/2/02) (b)The following other persons lease, intend to lease, or have an option to buy this Equipment (include corporate information as required in (4)(a) above, if applicable): N/A NAME ADDRESS INTEREST N/A 5. Give a brief description of the overall nature of the business and of the operations occurring at the location for which tax abatement is requested: Recycle solid rubber tires into rubber mulch of various sizes and weights depending upon use. 90% of our rubber produces +4, large premium size mulch that is primarily used in chilidren's playgrounds and landscaping. 6. The commonly known address of the property where the Equipment is to be located is: 445 N Sheridan St South Bend, In 46619 7. The Key Number of said property is: 18- 2193 - 725701 8. Attach the legal description of the property where the equipment is to be located, marked AExhibit A,@ and is hereby incorporated herein. 9. Attach a map and /or plat describing the property where the equipment is to be located, marked AExhibit B,@ and is hereby incorporated herein. 10. Attach photographs of the property, taken within 30 days of filing of this petition, marked AExhibit C,@ and hereby incorporated herein. 11. The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment is $ n/a — equipment will be addition to exisiting (This information may be obtained from the St. Joseph County Assessors office 235 -9523) (Revised 8/2/02) 12. The current use of the real property where the Equipment is to be installed is GI — General Industrial and the current zoning is N/A (use) and N/A (height and area). (This information may be obtained from the Building Department 235 -9553) 13.List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES 2008 18,046.24 2007 36,092.48 2006 11,910.16 2005 18,810.96 2004 17.396.59 (This information may be obtained from the St. Joseph County Treasurers office 235 -9531) 14. Describe the commitment made within the past five years by your firm to hiring minority individuals, including number of minorities employed during each of the past five years, specifying whether full time or part-time and whether permanent or temporary employees. The Petitioner shall also list the current number of total employees (full and part-time) and the current number of minority individuals (full and part- time). Current emplovees: 4 FOR 2ft Hispanic /1 pt hispanic. Supervisor is Hispanic. In the past year of current ownership we have participated in Govenor Bat'h's annual iob fair held at IUSB and all of our openings are posted with Work One 15. Describe on -site child care or day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. By year end of 2009 we are planning on offering family health insurance (Revised 8/2/02) 4 16. What is your best estimate of the market value of the new Equipment after installation ?$ 200,000 17. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? $ As per Mr. Mathia — ok to leave blank 18. What is the commitment your firm will make to minority employment during the five years of tag abatement? We will post all positions with Work One and are committed to hiring qualified candidates through their process. 19. The Equipment has not been installed as of the date of filing of this petition. (The signature at the end of this Petition is verification of this statement) 20. The standard Industrial Classification Manual major group within which the proposed project would be classified, by number and description: 5093 — Scrap & Waste Material 21. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 339100 22. The real property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: None 23. Other anticipated public financing for the project including, if any, industrial revenue - bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana; or other public financial assistance, including but not limited to public works improvements. (Revised 8/2/02) 5 and St. Joseph County, Indiana; or other public financial assistance, including but not limited to public works improvements. Project financed commercially through local bank which did access funding via SBA underwriting 24. Describe how and why the manufacturing equipment to be replaced or the facility in . which Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues: No equipment is being replaced. This is a start up business and for the past 2 years manufacturing has been running off prototype equipment which is not built to withstand the rigors of a 2 shift daily production schedule. This new equipment will run alongside the prototypes and will double production as well as ease the burden on the 3 existing machines. Without this equipment we will not be able to maintain our current level of production due to the wear on the prototypes which would mean a layoff of second shift. With this equipment we will hire 3 more people for our existing operation and may open a 3` shift in the future. 25. The new manufacturing equipment will be used in the direct production, manufacture, fabrication, assembly, extraction, mining, processing, refining, or finishing of other tangible personal property and that the equipment was never before used by its owner for any purpose in Indiana. The signature at the end of this Petition is verification of this statement. 26. The following person(s) should be contacted as Petitioner =s agent regarding additional information and public hearing notifications: Name: Kenn Andrews & Mark Sanderson Address: 445 N Sheridan St City, State, Zip Code: South Bend, In 46619 Telephone: 574 - 234 -9520 WHEREFORE, Petitioner requests that the Common Council of the City of South (Revised 8/2/02) 6 Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible personal property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): Kenn Andrews & Mark Sanderson By: t�4" (Signed Name) 6r , SC= OAM Y�Tr, - b t (Typed or printed name and capacity of signor if signed by an agent or representative of the owner) (Revised 8/2/02) filed In Clerk's Office F EB 2 7 2009 JLEi A so 564% 1% � C17`r CLERK, EXHIBIT A LEGAL DESCRIPTION Description: 371.5 Ft on Linden Ave, Beginning 277 Ft West and 60 Ft North Southeast Corner of Southwest Section 4 -37 -2E Tax Key No.: 18-2193-75701 Address: 445 North Sheridan Street South Bend, IN 46619 X i b►+ -(� Page 1 of 1 CitY of South Bend online GIS 18 -2193- 725701 Canterbury - -- j Ardmore Pr,ast Prast (U Lj Ol, L? ?? co" I p uth c Pert` -m i c - o �\ m °O • - - Linden t ! Ridge-. -f ay o . o c N I _' -rc : ro c,, w Q . (7 ; cm! - - .� LI c C, C� a 3: c p1 ,�! I E, i. Y o LaSalle Park <..bVindsor ��'ru'en -c -cc; j Map provided by The City of South Bend GIS - 2007 upset O 833 Feet S a Property Author. 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A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 445 North Sheridan Street AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Treadstone, LLC WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 445 North Sheridan Street, South Bend, Indiana, and which is more particularly described as follows: 371.5 Ft on Linden Ave, Beginning 277 Ft West and 60 Ft North Southeast Corner of Southwest Section 4 -37 -2E and which has Tax Key Number 18- 2193 - 725701 presently, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et sec ., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1, et sec ., and South Bend Municipal Code Sections 2 -76, et 5eMc ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to .the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1- 12.1 -4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably- expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and. Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. N SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council IN o�4y to 0,00WO 0 �o�4a�ss� i ": r �.<sit w� p -ibic E eadn9 and Council 8w on this WA PP.M E1 3 _23 -0 NOT AMO ;ADOPTED 3 { i E - 6 2000 JOPM VOORDE OIT CLERK, 50. BEND, R 1200 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD Souni BEND, INDIANA 46601 -1830 PHONE 574/ 235 -9371 FAx 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V GIBNEY EXECUTIVE DIRECTOR March 9, 2009 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: Bretz, Robert D. & Kelley S. Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by Robert and Kelley Bretz to build a single - family home at 1029 Notre Dame Avenue. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build a single - family home at a cost of $450,000. The project meets the qualifications for a (5) five -year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, March 23, 2009. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeffrey Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E: INKS MANAGEMENT 574/235 -9660 574/235 -9371 ELIZABETH LEONARD FAx: 5741235 -9697 5741235 -9371 1200 COUNTY -CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574 /235 -9371 FAx 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: FROM: SUBJECT: DATE: SOUTH BEND COMMON COUNCIL BOB MATHIA RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: BRETZ, ROBERT D. & KELLEY S. March 9, 2009 On March 9, 2009, a petition for residential tax abatement consideration for real property located at 1029 Notre Dame Avenue was filed with the City Clerk by Robert and Kelley Bretz. Pursuant to Chapter 2, Article 6, Section 2 -77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION Robert and Kelley Bretz intend to construct an approximate 3,000 square foot, single - family home as their primary residence. The home will be two stories. It will have three bedrooms and three bathrooms, a front porch, a finished basement and a two -car garage. The project is part of the Notre Dame Avenue Housing Program and as such will follow the design specifications and standards required by that program. The cost of the home will be approximately $450,000. Total taxes to be abated during the (5) five -year abatement period are estimated at $2,216. Total taxes to be pgiL during the (5) five -year abatement period are estimated at $24,036. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235 -9660 574/235 -9371 ELIZABETH LEONARD FAx: 574/235 -9697 574/235 -9371 South Bend Common Council RE: Bretz, Robert D. & Kelley S. March 9, 2009 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been associated with or been granted any previous tax abatements. 2. The Building Commissioner has reviewed this petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Northeast Neighborhood Development Area, which is a Tax Incremental Allocation Area; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is required. In addition, it must be noted that the property is not located within the Northeast Neighborhood's residential TIF area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year residential tax abatement under Section 2 -77.1, Single Family Residential Construction. 5 YEAR 9- Mar -09 ROBERT D. & KELLEY S. BRETZ South Bend Portage Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: Assessed Value: STRUCTURE (% AV of cost) 85.0% LAND Value 10,000 Gross Assessed Value Less Mortgage Exemption Less Homestead Deduction Less Supplemental Homestead Deduction Base Assessed Value $450,000.00 Total Taxes Tax Abated ** Tax Paid * ** 382,500.00 382,500.00 382,500.00 10,000.00 N/A NIA 392,500.00 382,500.00 382,500.00 (3,000.00) (3,000.00) (3,000.00) (45,000.00) (45,000.00) (45,000.00) (120,575.00) (120,575.00) (120,575.00) 223,925.00 213,925.00 213,925.00 Less Maximum Abatement Deduction Less Non - Abated Amount Plus Land Assessed Value Net Assessed Value Property Taxes: Assume constant tax rate of N/A N/A (74,880.00) N/A (139,045.00) N/A NIA NIA 10,000.00 223,925.00 74,880.00 149,045.00 4.3592% 4.3592% 4.3592% Gross Tax (tax rate x net assessed value) 9,761.34 3,264.17 6,497.17 Less State & County Homestead Credit: 0.4625% (1,035.65) (346.32) (689.33) Tax Due Before Circuit Breaker 8,725.69 2,917.85 5,807.84 Less Circuit Breaker Credit (3,475.27) (2,474.63) (1,000.64) Net Tax 5,250.41 443.21 4,807.20 4 223,925.00 5,250.41 Circuit Breaker Cap 4,807.20 5 223,925.00 Circuit Breaker 1.0000% 3,925.00 3,825.00 3,925.00 Debt Service 0.5919% 1,325.41 443.21 882.20 Circuit Braker Cap 5,250.41 4,268.21 4,807.20 Year Net Assessed Value Total Taxes Due Tax Abated Tax Paid 1 223,925.00 5,250.41 443.21 4,807.20 2 223,925.00 5,250.41 443.21 4,807.20 3 223,925.00 5,250.41 443.21 4,807.20 4 223,925.00 5,250.41 443.21 4,807.20 5 223,925.00 5,250.41 443.21 4,807.20 5 year totals: 26,252.06 2,216.07 24,035.99 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. **Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. ** * Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880'and adding back the land assessed value. ESTIMATED TOTAL TAX REVENUE ROBERT D. & KELLEY S. BRETZ *Current tax levy * *Additional tax revenue from new investment LAND* BUILDING ** TOTAL Year 1 $108 $4,699 $4,807 Year 2 $108 $4,699 4,807 Year 3 $108 $4,699 4,807 Year 4 $108 $4,699 4,807 Year 5 $108 $4,699 4,807 Total $540 $23,495 $24,035 *Current tax levy * *Additional tax revenue from new investment STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Form 51767 (R2 / 1 -07) Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): ❑ Redevelopment or rehabilitation of real estate improvements (IC 6-1.1- 12.1 -4) ❑ Eligible vacant building (IC 6- 1.1- 12.1 -4.8) 20 04 PAY 2010 FORM SB -1 I Real Property INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6 -1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERA/VBD, Whichever is applicable, must be filed with the County Auditor by the later of. (1) May 10, or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF- 1/Real Property annually to the application to show compliance with the Statement of Benefits. (IC 6-1.1- 12.1- 5.1(b) and IC 6-1.1- 12.1 - 5.30)] 5. The schedules established under IC 6- 1.1- 12.1 -4(d) for rehabilitated property and under IC 6- 1.1- 12.1 - 4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before July 1. 2000. • N4 -; INFORMATIO Name of taxpayer L obaP'L. T) Address of taxpayer (number and street, city; state, and ZIP code) 6ariG4 f ost ea. Gc- s MK 4(49 Name of contact person Telephone number 966eii -t 3retZ. 1 .943- 6 .5. 1 E -mail address rbreta.op ft d.ede< SECTION 2 LOCATION AND DESCRIPTION OF P ROPOSED PRO JECT Name of designating body r ! / . 4- (/ t_ [., 4 111 M o-yl Resolution number Location of property I County L-� DLGF taxing district number / &alt f)df7e- D,,,,. aae- St. Tjos 4 71 Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary) Estimated start date (month, day, year) T 411 o � � �� �� a v Estimated completi n date (month, day, year) /'; 31 d SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salaries Number retained Salaries Number additional Salaries SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT NOTE: Pursuant to IC 6 -1.1- 12.1 -5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values DOO 00 Plus estimated values of proposed project O Less values of any property being replaced Net estimated values upon completion of project SECTI • • AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted (pounds) Estimated hazardous waste co Other benefits Fil ed SECTI • I hereby certify that the representations in this statement are true. Signature of authoriz esen a Title Date signed (month, day, year) 3-S - a Page 1 of 2 V Page 2 of 2 We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years * (see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ❑ Yes ONo 2. Residentially distressed areas ❑ Yes F-1 No 3. Occupancy of a vacant building ❑ Yes ❑ No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify E. The deduction is allowed for years* (see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body) Telephone number Date signed (month, day, year) Attested by (signature and title of attester) Designated body * If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.12-12.1-4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C.. 6- 1.1- 12.1 -1, et seq., and South Bend Municipal Code Sec. 2 -76 et seq., for this petition states the following: 1. Describe the proposed construction project, including information about square footage, numbers of rooms, amenities, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for project description if necessary): iod -*.L.-'� , recrea.{ze+ wt Gl +fit 1DO.•at %La aP ia. S4—Ct&- 2. Estimate the dollar value of the construction project (do not include land cost): $ 'VS I ood 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporations (ifthe business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Address Interest Jac" acu 4. The commonly known address of the Property is: /0.29 eye and having tax key no.: 18'- Sloµ - 3c.&! !l (use additional sheet for multiple addresses). 5. A legal description of said Property(s) is attached hereto, marked Exhibit "A ", and is incorporated herein. 6. A map and /or plat indicating the location of the Property(s) is attached hereto, marked Exhibit `B ", and is incorporated herein. 7. The current assessed valuation of the property before construction is $ .2, G 00 (use additional sheet for multiple addresses). 8. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit "C ", and incorporated herein. 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): ao o $- ..oe 9 �'2eo'7 - moo$ 788 33 aad " aapo "7 01 l0 91- k 10. What is your best estimate of the after completion market value of the property: $ 510 000 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: , 14. The current use of the property is r� s� _ — and the current zoning is (use). (This information may be obtained from the Building Department 235 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): 16. The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: Name Address = City, State, Zip Telephone WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. Name of Property Owner(s): 7 lerk's Office By:_ (Signature) 2009 r:ri UOCfI�E n :, M d "I'In+ 1N. . 1/loaC►.� �.a....c. . EXHIBIT "A" Legal Description and/or address of the Real Estate 1029 Notre Dame Avenue, South Bend, IN 46617 That part of the Northeast Quarter of Section 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot #84A of the Plat of "Sorin's Second Addition Fourth Replat" Subdivision recorded by Document No. 0809810 in the Records of the St. Joseph County, Indiana Recorder's Office. Containing 0.17 acres more or less. Subject to all legal highways, easements & restrictions of record. F'.� r 1029 Notre Dame Avenue, South Bend IN, 46617 - Google Maps http: / /maps.google.com/ maps ?1 =q &source= s_q &h1 =en &geocode = &q= 1029 +Notre + Dame + A.... r p ' O Ca L •- N _ 3 EL m� Do _ I - Napoleon t eon S1 Napolocn 5t • � t G .. B00 - not? - _ _ { 1nOD Z' -n Z � St Vincent St rn CL v St Vincent St — i mi Vincent Si - ;rn Soo 4rfi loon o L' f a Z. c a a owa d St Howard St - - Howard St Z SOD GO Z Z a � Z z ' 10 m OL Corby Blvd Corby Blvd Ccrby Blvd � goo r:: PJ� C/) 0� � 5 C Z 23 x Z U3 0 ' s: 5 m � 02009 Gooale a n a Map data 02009 Maponi,,,�j Atlgs 3/5/2009 8:49 PM Map of 1029 N Notre Dame Ave, South Bend, IN 46617 -1411 Map of 1029 N Notre Dame Ave, South Bend, IN : G C LOCAL tt�r. 46617 -1411 ::%740C! 933 eh Noose Ktause 01 31 Bitke Golf Coarse Q� cr Nome Doa:e When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. Page I of 1 httn: / /mancvaboo.com /print ?mvt= mktn =1 3 /1(1onof o 1i L {'ukagan St L Angels BZyd Edison Rd V r -- Pea >hweySl z v c St VSrit nt St R ", z ~ I ' - r . T T, $L G g� V K . V _ 2" Q a r C < LQJ (r fr E iYo, ;, th Shore 7 E Or R' tz wd St _ HG? r r Howe rd St 1 ` Pi wet u -- -W Lee per 7 Ro,k s. i - - Camgeeust _ _ c i 9 Kalorzma St I ' ,ry cogrLbrd ` 3 = L Bartlett st ``{ Chalfant St - - 7 - rso � _ a , I ._ . Bissell St � , i 7 SOM) 5t L Navarre St _ Ri'cy.Rt V �" St Minecst ,Miner Cedar St 31 St Y E Madison St R - E Madison a St = R 5 m i { = McKinley Ave When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. Page I of 1 httn: / /mancvaboo.com /print ?mvt= mktn =1 3 /1(1onof s ir d 11 , c E r: • 7 e) �� OC) � C) � -2.1 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL / JUNK DEALER / RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2009 PURSUANT TO SECTION 4 -51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4 -51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on March 4, 2009 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following businesses: US Scrap, LLC 1420 S. Walnut St. Alternative Two, LLC 700 W. Chippewa Ave. Green Tech Transfer & Recycling 2500 Green Tech Dr. US Scrap & Recycling / South Bend Bailing Div. 1420 S. Walnut St. Gertrude Street Metal Recycling Inc. 3700 S. Gertrude St. US Scrap & Recycling 2014 — 2016 W. Washington St. US Scrap & Recycling 1610 Circle Ave. US Scrap & Recycling 1700 W. Washington St. have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, Recycling Operations Licenses for the year 2009. WHEREAS, the license applications for all above - referenced businesses received favorable recommendations from the Department of Code Enforcement, Police Department, Fire Prevention Bureau, Department of Water Works, and the Building Department. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license applications for the following businesses: US Scrap, LLC 1420 S. Walnut St. Alternative Two, LLC 700 W. Chippewa Ave. Green Tech Transfer & Recycling 2500 Green Tech Dr. US Scrap & Recycling / South Bend Bailing Div. 1420 S. Walnut St. Gertrude Street Metal Recycling Inc. 3700 S. Gertrude St. US Scrap & Recycling 2014 — 2016 W. Washington St. US Scrap & Recycling 1610 Circle Ave. US Scrap & Recycling 1700 W. Washington St. are approved in conformity with South Bend Municipal Code Section 4 -51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Police Department, Fire Prevention Bureau, Department of Water Works, and the Building Department as evidenced by the Ordinance Violation Bureau Clerk's communication to the City Clerk dated March 4, 2009. Section 11. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. _ ►L� b - 0 .. l Member of the Common Co&cil rKtSENIW 3 -2.3' 0 t NOT APPROVED ADOPTED Filed In Clerk's 01 #ice f,.qA� 1 8 2009 JoHtj `dOOR�?E CITY CL IRK, s BEND, IN. Office of the City Clerk John Voorde, City Clerk March 17, 2009 Derek D. Dieter, President South Bend Common Council 227 W. Jefferson RM 455 South Bend, IN 46601 Dear Mr. Dieter, Renewal applications for the operation of Scrap Metal / Junk Dealers / Recycling Operations have been received. In accordance with the procedure for the renewal of city business licenses these applications were submitted to the Police Department, Fire Inspection Bureau, Water Works, Department of Code Enforcement and Building Department for inspection. The following properties were inspected: US Scrap, LLC 1420 S. Walnut St. Alternative Two, LLC 700 W. Chippewa Ave. Green Tech Transfer & Recycling 2500 Green Tech Dr. US Scrap & Recycling / South Bend Bailing Div. 1420 S. Walnut St. Gertrude Street Metal Recycling Inc. 3700 S. Gertrude St. US Scrap & Recycling 2014 — 2016 W. Washington St. US Scrap & Recycling 1610 Circle Ave. US Scrap & Recycling 1700 W. Washington St. and have received favorable recommendations regarding fire, code, and environmental compliance; also for proper maintenance of the premises and areas outside the fences, and the height and condition of the fencing. Because the applicants have met all of the requirements of the ordinance, the attached resolution is respectfully submitted for your consideration. 455 County -City Building- South Bend, Indiana 46601. 574/235 -9221 • Fax 574/235 -9173 • TDD 574/235 -5567 Mary Beth Wisniewski JaniceTalboom Winona Hays f Chief Deputy Deputy Ordinance Violation Clerk''; Office of the City Clerk John Voorde, City Clerk I will be present at both the committee meeting and the public hearing. I can be reached 574 -235 -5935 or whays @southbendin.gov if there are any questions or concerns before that time. Sincer ly, Winona Hays Clerk, Ordinance Violation Bure u 455 County -City Building- South Bend, Indiana 46601. 574/235 -9221 • Fax 574/235 -9173 • TDD 574/235 -5567 Mary Beth Wisniewski JaniceTalboom Winona Hays Chief Deputy Deputy Ordinance Violation Clerk LICENSE APPLICATION FOR SCRAP METAL DEALERS /JUNK DEALERS /RECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4 -51 , Check One: NEW RENEWAL BUSINESS DATA A. Type of license applied for: Y SCRAP METAL DEALER RECYCLING OPERATION B. Business Name Mailing Address (If different from above) C. Business Address ' �Jjoo C '�) • Gef - kVO4-- city A State ^ Zip `� i^ Le I N City E. F. G. H. Filed In Cler O 'v►lr-u FEB 1 2 2009 JOHN VOQ R BENQ, lN. CITY CLERK, �- JUNK DEALER w State Zip Business Telephone Number — I'-t Business Fax Number 5�y^ �� �- Bbl LQ E -mail Address r� C oc 1 c f-tSVI Co ti'y Zoning of proposed location Lot size of premises Type of fencing used I ( V\6:%n 1_" ' Please Continue to Page 2 (back of sheet) For Office se. Only. Appilcation Filed v2-00 _ Water Works�Approval Application Fee Paid . , Police Dept Approval Q _ ` Sent to Dept .; Common Council Approval Fire Dept License Fee Paid Code Enforcement ` License Number _ — I-A ) Building Dept Not Approved Reason: Scrap Metal Dealer /Junk Dealer /Recycling Operation License Application Page 2 K. Are premises: Leased by applicant --)k— owned by applicant? If leased: Name of owner - Business address III. PERSONAL DATA r A. Applicant's Legal Name _ 'la G ,B, Residential Address City � c��- State 1__ Zip C. Residential Telephone Number E. Date of Birth D. SSN IV. INCLUDE, WITH APPLICATION, SITE PLAN OF THE FACILITY SHOWI PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE, AND LANDSCAPING. V. INCLUDE, WITH APPLICATION, A $5.00 PROCESSING FEE VI. AFFIRMATION I, hereby, certify and affirm that all of the information I given in t ha to ion is way rue and accurate to the best of my knowledge. I further certify and affirm attempted to mislead the City in this application by omitting facts Dealer /Recycl ag have read and understand the regulations of the Scrap Metal Dealer/Junk Operation/Transfer Station license found in the City of South Bend Municipal Code, Section 4 -51: - -09 Date Signature O 0 CD IVA 1 I vv c - l 1� a� a2 0 �, 4 oojo 1� t I 3� 1 � CR zz5 Scale -eo a� 9 � v I r,, . n 1 0 m X x 1 X X 1. 1 x �` Office of the City Clerk . John Voorde, City Clerk WARNING NOTICE February 10, 2009 Gertrude St. Metal Recycling Inc. 3700 S. Gertrude St. South Bend, IN 46614 Dear Sir or Madam: On February 2, 2009 all Scrap Metal /Junk Dealer Business licenses issued in 2008 expired. A renewal application has not been received for Gertrude St. Metal Recycling Inc. and it is currently operating without a valid license. This is to serve notice that a renewal application must be submitted within seven (7) days from the date of this letter. If an application is not received the City of South Bend may file an action for injunctive relief in the St. Joseph Circuit or Superior Court. Additionally, under section 4 -51(o) of the municipal code the city can impose a penalty of not less than two hundred ($200.00) dollars nor more than two thousand five hundred ($2500.00) dollars. If you have any questions regarding this warning notice, or applying for license renewal, please call 574 - 235 -5935 during normal business hours. Sincerely, Winona Hays Clerk, OVB cc: Code Enforcement, City Attorney's Office 277 W. Jefferson RM 455 County-City Building • South Bend, Indiana 46601 • 574/235 -9221 • Fax 574/235 -9173 • TDD 574/235 -5567 Mary Beth Wisniewski Janice Talboom Winona Hays Chief Deputy Clerk Deputy Clerk Ordinance Violation Clerk Office of the City Clerk John Voorde, City Clerk WARNING NOTICE February 10, 2009 Mr. & Mrs. Randall Schlipp 50057 County Line Rd. Dowagiac, MI 49047 Dear Mr. & Mrs. Schlipp: On February 2, 2009 all Scrap Metal /Junk Dealer Business licenses issued in 2008 expired. A renewal application has not been received for Gertrude St. Metal Recycling Inc. and it is currently operating without a valid license. This is to serve notice that a renewal application must be submitted within seven (7) days from the date of this letter. If an application is not received the City of South Bend may file an action for injunctive relief in the St. Joseph Circuit or Superior Court. Additionally, under section 4 -51(o) of the municipal code the city can impose a penalty of not less than two hundred ($200.00) dollars nor more than two thousand five hundred ($2500.00) dollars. If you have any questions regarding this warning notice, or applying for license renewal, please call 574 - 235 -5935 during normal business hours. Sincerely, Winona Hays Clerk, OVB cc: Code Enforcement, City Attorney's Office 277W. Jefferson RM 455 County -City Building • South Bend, Indiana 46601 • 574/235 -9221 • Fax 574/235 -9173 - TDD 574/235 -5567 Mary Beth Wisniewski Janice Talboom Winona Hays Chief Deputy Clerk Deputy Clerk Ordinance Violation Clerk ' L (2/23/2009) Winona Hays - Re: Gertru Street Metal Page 1 From: Stephen Goen To: Winona Hays Date: 2/16/2009 9:31 AM Subject: Re: Gertrude Street Metal Approved This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department - Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235 -7515 (574) 235 -7538 >>> Winona Hays 2112/2009 11:53 AM >>> Please see attached Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574- 235 -5935 whaysO)southbendin.gov Inspected by: Cpl. Aaron Cassel South Bend Police Department Crime Prevention Unit 235 -9401 Omnisource 1305 W. Prairie (Recommended) I met with Craig Sarber. He gave me a tour of the new facility, and the fancy electronic data base that they will have. They are not currently open for business, and are still getting things set up. They will be processing each purchase at a kiosk, and getting a photo of the seller that will be included with every purchase and kept on file. ADT is scheduled to install the new camera system (including night vision) on Aug 2e. He stated that they will have f cameras in the processing area alone, and several more around the yard, and building. Their records system will be able to give you a report by name, amount of a sale, or a certain date (just too name a few). I advised them that I would be back in Sept. to inspect the camera system, and make sure everything is up to what they say it will be. South Bend Iron & Scrap, 429 W. Indiana (Recommended) South Bend Waste Paper, 1519 S. Franklin (Recommended) Met with Calvin Manns. South Bend Iron, and South Bend Waste Paper are the same company. They do all of the processing out of the 1519 S. Franklin building. They were in compliance with all of the required items. They were able to provide all requested items for me to review. Gertrude Street Metal Recycling, 3700 S. Gertrude I met with Gary from Gertrude Recycling. He gave us a tour, and was able to show us their updated surveillance system that is recorded on hard drive. He was also able to provide both city forms, and state forms that customers must fill out. They keep all keep all paperwork on computer to sort, and search much easier. pitea In Gt�e lif -F do4�i Ybp F� c 1(2/25/2009) Winona Hays - SMD licenses r Pa 1 From: David Tungate To: Winona Hays Date: 2/25/2009 3:00 PM Subject: SMD licenses Ms. Hays- I approve the SMD license for the following businesses: 1. Gertrude Street Metal 2. South Bend Waste Paper 3. South Bend Iron and Metal Dave >>> Winona Hays 2/12/2009 11:53 AM >>> Please see attached Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 -235 -5935 whays southbendin.gov LICENSE APPLICATION FOR SCRAP METAL DEALERSMUNK DEALERSIR .ECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4 -51 Check One: NEW RENEWAL BUSINESS DATA A. Type of license applied for: _ SCRAP METAL DEALER JUNK DEALER RECYCLING OPERATION B. Business Name Oey C. Business Address 0 City )f1 ® State — Zip D. Mailing Address (if different from above) City State Zip E. Business Telephone Number F. Business Fax Number � FEZ G. E -mail Address �" lei ��=� 4�s►� ` c e i M H. Zoning of proposed location I. Lot size of premises J. Type of fencing used c hat n Please Continue to Page 2 (back of sheet) i (3 /16/2009) Winona Hays - Re: Gertrud Street Metal Page 1 From: Mark Lyons To: Hays, Winona Date: 3/.16/2009 1:01 PM Subject: Re: Gertrude Street Metal Gertrude Street Metal Recycling is approved. Are you missing any others? Mark >>> Winona Hays 3/16/2009 12:00 PM >>> Mark, I know that you said they were approved, and that you had already told me that; but I cannot find it in writing anywhere. Can you forward me another copy of their approval? Thanks, Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 - 235 -5935 whays@southbendin.gov (3/13/2009) Winona Hays - Fwd: Re: Business Licenses Page 1 From: Federico Rodriguez To: Winona Hays Date: 3/13/2009 1:29 PM Subject: Fwd: Re: Business Licenses Winona, ** 3700 S. Gertrude and 3109 S. Gertrude both pass inspection 2 -16 -09 and were sent back to you. I got a feeling that they might off gone to 12 floor instead. If you need copy I will send them again! ** 7575 W. Jefferson no such address correct address is 1305 Prairie Ave. ** 1700 and 2014, 2016, W. Washington were inspected 06 -10 -08 and are not due for one year. As of then there were no violations. ** 1610 Circle Dr. also was Inspected 06 -10 -08 and due again in June 09, no violations. ** N. Bendix Dr., W. Sample St., and N. Sheridan I will find out from inspectors next week on progress of inspections. ** I would also like to meet with you to explain how we do our inspections and how we approve or dined an application. If you would like to meet the inspectors and ask them questions we meet on the last Tuesday of the Month at 0800 hrs. Thanks and have a good dayl Federico "Chico" Rodriguez Assistant Chief Fire Prevention South Bend Fire Dept. 1222 S. Michigan Street South Bend,In. 574- 235 - 7564(0) 574- 235-9305(F) frodriguOsouthbendin.gov >>> Winona Hays 3/11/2009 3:44 PM >>> Gertrude St. Metal - 3700 S. Gertrude St. Omnisource Corp. - 7575 W. Jefferson Blvd. Schrock Aggregate - 1702 N. Bendix Dr Shapiro Sales - 2920 W. Sample St. Steve & Gene's - 3109 Gertrude St. Treadstone LLC - 445 N. Sheridan St. US Scrap - 1700 - 1700 W. Washington US Scrap - 1610 -1610 Circle Dr. US Scrap - 2014/2016- 2014/2016 W. Washington Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574- 235 -5935 whays(@southbendin.gov >>> Federico Rodriguez 3/11/2009 2:57 PM >>> Could you please give us some addresses because that is the way we file our records. It makes it easy to check if the application have been sent back to you or not. Federico "Chico" Rodriguez Assistant Chief Fire Prevention South Bend Fire Dept. 1222 S. Michigan Street South Bend,In. 574 - 235 - 7564(0) 574 - 235- 9305(F) frodriguCasouthbendin.gov >>> Winona Hays 3/11/200912:34 PM >>> Hello, (3113/ Winona Hays - Fwd: Re: Business Licenses ^_ Page 2 I just completed an audit of the BL files and I'm missing approval /denial statements from the fire dept on these companies: Gertrude St. Metal Omnisource Corp. Schrock Aggregate Shapiro Sales Steve & Gene's Treadstone LLC US Scrap - 1700 US Scrap - 1610 US Scrap - 2014/2016 I am trying to have a licenses completed and issued by the end of March, please let me know if you need any of the paperwork resent. Thank you, Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235 -5935 whaysCd)southbendin.00v 1 � = �, i Q 3 : A F P " XlA 0 R CEN-SE LU w "CRAP DAIM Q=ALEaS1JUjNMK QEALEHR81REVj C'7LI! G OrE 7 0 S GiTY OF SOU H SEND, !ND1t South Bend PAlu-nicipal Code Section 4-51 M uk One: NEW __(Z1R, BUSINESS DAJI A A. Type of license applied for: SCRAP METAL DEALER JUNK DEALER RECYCLING OPERATION B. Business Name � �aeqe C. Business Address o �12 �Iel City - gC5 C27z� State Zip -, / �-- 6 D. Mailing Address (if different from above) 2— - 2— ;^J 7 p V6�& City 0 State L. Business Telephone Number 2- —6 0 0 C5 . F. Business Pax Number 2- Sr 2-- z6 G. E—rna*1 Address It-1 eLl 0 to i 15, PC e- C, L c H. Zoning oi- proposed location Loy size of premises 17- -3 3 Lo � .-e I I J. Type of fencing used 1 e- 7 Please Continue to Page 2 (back of sheet) For Office Use Only Application Filed I - Q 0-0 9 Application Fee Paid (4e* )L(3 Sent to Dept Fire Dept I -,X� Code 'Enforcement I - BUliclihg Dept 4 0 iIot Approved Reason: V Police Dept Approval _L Common Council Approval License Fee Paid License Number U9 - j 1 715 Y ` j R SCA MP �' etal 1e -a Dealer /Re y 7 ... O x � ._ .7 ,, , '? iera S License 7e r"1y..iC.i K. lre oremises: t eased bV applicant owned by appiiCant? f !eased: Warne of o';vner , I' Cl 7� 6A 4f �_ 7 L Z_ Business address 6 d PEE \ SGN:A L DA i, i A. A piicant`s Leo2l `'4 r— ©1,& S - 3esidentiaf Address Z :S7 u Zip ! V / C. Residential Telephone Number Z — 2— D. S3 } C E. Date of 81 il t E_I APPUCA A S IT E PLAN OF i H Fh41ILf i YSHOVV��`�U PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS , ' FUE L S ! ORAGE, AND LANDSCAPING. V. INCLUDE, VI! H APPLICATION, A $5 PROCES I=FF- 1. AFFIRMATION ION i, hereby. cer:i y anti aVirm that all of he information l have given i this a€ piication is =rue a.rid accurate to the test of my knowledge. l u the! certi - iy and affirm h i I have in no way attempted to trislead the Citv iri this application by omitting facts Known to me. 't have read and understand the regulations of the Scrap Metal Dealer/Junk Dealer, Recycling O.�peraEtioni f ransfer S license fou i the City L South Bazd Municipal Code, Sec - 'toi? � 9 Signature Date r� I� l j� �':, � yrw F�3'iwi � �� s �;`�,■Al1+�Nrr�il� ■ � � n .eAi � . r,�a■ri � .�F�llll1l1111�1g �',� wry ��►'� ' = �� - _ �.: X11 �� ►%���:� � .�_ �. � -�. _ - - �� �'�' �1 �C (1/21/2009) Winona Hays - R e: Green T Transfer Page 1 From: Stephen Goen To: Winona Hays Date: 1/21/2009 7:46 AM Subject: Re: Green Tech Transfer Approved This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department - Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235 -7515 (574) 235-7538 >>> Winona Hays 1/20/2009 1:31 PM >>> Scan Date: 20.01.2009 14:07:17 ( -0500) Attached is the renewal application for Green Tech, please let me know if you need any other information. Thank you, Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 -235 -5935 whaysCcbsouthbendin.gov V (3/1112009) Winona Hays - Fwd: RE: Greentech Page 1 From: Aaron Cassel To: Winona Hays Date: 3/4/2009 3:00 PM Subject: Fwd: RE: Greentech I went out to greentech this morning. They showed me their fancy computer program and its search capabilities for records keeping. This is state of the art, and better than any form could ever be. If you need anything more let me know. Went by Steve and Gene's and nobody was there also called twice today. I will keep trying Thanks Aaron >>> Winona Hays 3/3/2009 2:35 PM >>> The letter only exempts them from having to obtain thumb prints when purchasing metal from a seller, they still have to keep a current business license. I suppose that an inspection may not be necessary as long as their record keeping is in tact, but that would be up to you. Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 - 235 -5935 whaysCasouthbendi n.gov >>> Aaron Cassel 3/3/2009 2:30 PM >>> Here is a copy of the letter from mike moms. Let me know if this works or if they need an inspection thanks aaron Mr. Michael Morris U.S. Scrap.& Recycling Services, LLC 1420 Walnut Street South Bend, IN 46619 January 18, 2008 RE: Police Department approval of computerized transaction recording pursuant to S.B.M,C. § 4 -51(j) (2) (h) Dear Mr. Morris: Thank you for meeting with Mr. Clark, Sgt. Critchlow and me yesterday and discussing the forms and computer record keeping used to comply with our scrap yard licensing ordinance, § 4 -51 of the South Bend Municipal Code. This letter is to confirm that the South Bend Police Department recognizes and approves the computer program and the forms that your business uses as sufficient to meet the purposes of § 4- 51(j)(2). For this reason, pursuant to § 4- 51(j)(2)(h), it is not necessary for you to obtain a thumbprint impression upon completion of a transaction, as would otherwise be required. Your exemption from the thumbprint requirement is in effect so long as you maintain the computerized record keeping and forms approved by the South Bend Police Department. Thank you for your courtesy and cooperation. Please feel free to contact me should you have any questions or concerns. Sincerely, Ann Carol Nash Assistant City Attorney cc: Div..Chief Bishop, Det. Sgt. Critchlow, Mr. Clark H: \wpdata \LICENSE \Scrap \US Scrap letter re approval of computer records - thumbprint exemption.wpd !4 A T OF -SOUTH BENIE IN 1 D!F-11 Scout Bend Pvlunicipal Code Secdcon 4-51 Check, 0-Ine: NEVVAL BUSINE-E.SS DATA A. 7 vpe of license ?piked for . "' R A ,4:1 D E A L CER-, -Sc UNK DEALER k S�� RECY'CLUN 'OPERA71 idA3 B. Business Name L) - 7e - -c /t Slusin-ess Address 5o 0 12 -e j 7 :?:>,e, D. N/lai!ing Address (II'different f. above". gz 2- L2,e Dusiness T elephone 'Hurnber 2- — 6 C) 0 Business -?x NNumber 2- Z G. Address _I / 7 � M. Zoning o p of siMe cf premises . -3:3 used Type af 'encing A t Neale Continue to Page 2 (back of sho-st) f Offlice !,Jzi~ Only Application Filed ApOcation Fee Paid Serfs to De Fire Dept I 1 ::,nforcerne,--A Builiding Dept M ot Ap Reason. VVate.- Works Approval Poilce D)ept.Approvas Council flltpproval License Fee Paid Ucense Nuni Oq 117-1 From: Mark Lyons To: Hays, Winona Date: 1/30/2009 10:58 AM Subject: Scrap Metal Lic Approval for the following addresses. -1610 Circle - US Scrap and Recycling ,,2014 S. Lafayette Blvd - A -1 Auto Parts ,31 Gertrude St. - Steve & Genes 2500 Green Tech Dr. - Green Tech X014 -2016 Washington - US Scrap & Recycling 4-420 S. Walnut St. - US Scrap LLC -1420 S. Walnut St. - US Scrap & Recycling / South Bend ,,x700 W Washington - US Scrap & Recycling Mark Lyons Assistant Zoning Administrator 125 Lafayette Blvd., Suite 100 South Bend, IN 46601 Phone (574) 235 -9554 Fax (574) 235 -5541 j, 14, k; s ij E iy'j.r " L L L So R-sn-d' �Iiunlcil-ps! Code S:acdon 4-5 R Che-"K Orle: - ZENEVVAL BUSNEESIS DATA, .. of Hcense appiled For. RECYCLING Business Name '-v-6&04 A Hdress SusiT..ess 12 "a ITY rom above' 2- - L- S- ress TF differant f. Add, S 'e ie _5 �> V - -)— _�, 2- - 6 C) 0 (5 Business : iephone ;'?um F 2— S;'` - 2- 2- Business rax Number G. Loning cl prOposeci lccaltc• -Z)l size 0' pTeM ses J. Tyueaf renc�ng, used pjaasee Continue to Page 2. (bach. of shc-et) Of ilce 1 ;J-4's Only Applicaflon Filed Appkatlion'r-ee Paid I LO Sen" DeO Fire Deot forcennenf vg Bu'R.dii-,q Dept Not Ar--pro - eason'. Apow P Dept Approval Coy ninon 'Council Approval License Fee Paid I-,2c-aq met rS --- N' L m b e r 09 17 j (3 /512009) Winona Hays - Re: License renewals Page 1 From: David Tungate To: Winona Hays Date: 3/5/2009 6:42 AM Subject: Re: License renewals Ms. Hays - I have no issues with any of the businesses below. I approve their SMD licenses. Dave David Tungate South Bend Water Works Water Works Director 830 North Michigan Street South Bend, IN 46601 (574)235 -5922 (574)235 -5595 fax »> Winona Hays 3/3/2009 2:29 PM >>> Hello David, I must have missed something because you have always responded right away. I've been going through the paperwork looking for responses and I'm missing approvals for: Alternative Two Green Tech Trans Shapiro Sales US Scrap & Bailing Us Scrap 1420, 1700, 1610, and 2014/2016 Steve & Gene's Hope I'm not making you do double work. Thanks for checking, Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 - 235 -5935 whays6bsouthbendin.00v LICENSE APPLICATION FOR SCRAP METAL DEALERS /JUNK DEALERS /RECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4 -51 Check .One: NEW RENEWAL BUSINESS DATA �(ru� A. Type of license applied for: SCRAP METAL DEALER JUNK DEALER RECYCLING OPERATION �'C r T 2m(cu n'- -io m 6 _X so raP cues C) 1 �� hd� o rL L -er na`�C Ue�Uj B. Business Name (� x-,,a� -}- Nu e, C. Business Address ' t c l �� l T��(.t - � `Ve City snAh B o State Zip 4'�' I LI D. Mailing Address (If different from above) City State Zip E. Business Telephone Number 6 1 �t O� �`�1" C) F. Business Fax Number 5T4 o D' - 50 G. E -mail Address M a :5h e i - Q (01 W cL hnn o CA H. Zoning of proposed location Lot size of premises Type of fencing used Please Continue to Pag( Scrap Metal Dealer /Junk Dealer /Recycling Operation License Application Page 2 K. Are premises: Leased by applicant owned by applicant? If leased: Name of owner Business address PERSONALDATA A. B. C. D. Applicant's Legal Nar Residential Address City Residential Telephone Number SSN State. Zip. IV. INCLUDE, WITH APPLICATION, A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE, AND LANDSCAPING. V. INCLUDE, WITH APPLICATION, A $5.00 PROCESSING FEE VI. AFFIRMATION I, hereby, certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer /Junk Dealer /Recycling Operation/Transfer Station license found in the City of South Bend Municipal Code, Section 4 -51 zo- �" Date Signature I (2/3 /2009) Winona Hays - Re: Altern Two LLC - License Renewal Page 1 From: Stephen Goen To Winona Hays Date: 2/3/2009 9:20 AM Subject: Re: Alternative Two LLC - License Renewal approved This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department - Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235 -7515 (574) 235 -7538 >>> Winona Hays 2/2/2009 3:22 PM >>> See Attachment Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 - 235 -5935 whays(asouthbendin.gov LICENSE APPLICATION FOR SCRAP METAL DEALERSMUNK DEALERS /RECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4 -51 Check.One: NEW RENEWAL Ott BUSINESS DATA A. Type of license applied for: SCRAP METAL DEALER RECYCLING OPERATION - 30 - iZC B. Business Name JUNK DEALER N() $(n rt_p0 1 ) S t, Res on 'uq kV O �. rb !.1 f C. Business Address ` (U( V_J [ _431 (�W 1 f ��(. U � I City h - _B u Q State � Zip D. Mailing Address (if different from above) City State Zip E. Business Telephone Number - ( 5 q - t - '�gaq"' Q s q F. Business Fax Number _"�Q � D303 / G. E -mail Address rnQ n e ! I L 0 V 0, L40-hoo , ec)m _ H. Zoning of proposed location Lot size of premises Type of fencing used 1.'- &' 0 - t R d Please Continue to Page 2 (back of sheet) HaCLE i - KNi 6 - In e 2009 Scrap Yard Ordinance Inspections LKQ,1602 S. Lafayettte (Recommended) Met with Tony Grant. Mr. Grant was able to provide all required items, and has an excellent video surveillance system. US Scrap LLC,1420 S. Walnut (Recommended) Met with Blair Melvin. US Scrap was in full compliance with all required items. They have a very good video surveillance system, and had their binders of all purchase transactions, and forms for transactions less than $100. A -1 Auto Parts, 2014 S. Lafayette (Recommend with Reservations) Met with Thomas Brogdon. He does not have a surveillance system set up. He has been closed for business since 2006. He has kept his records from then, but has no current records. He is currently looking for an investor, or he will be selling the business. He is applying for a license to keep his business grandfathered in for zoning purposes. It is very obvious that he is not currently in business, and is not buying junk cars. I would recommend him for the permit, as for the past year he has been compliant, and not been open for business. Alternative Two LLC, 700 W. Chippewa (Recommended) Met with Mashelle Sager. Alternative Two is a tire recycler, and only deal in large quantity (semi loads) with contactors. They do not have video surveillance because they only deal with contractors, and do not purchase from non- contactors. They do not do small transactions. If someone wants to drop off a couple of tires they can, but they do not get paid. They do not keep records of transactions of less than $100, because they do not deal with any small transactions. They do keep records of all purchases from their contactors. Tread §tone, LLC;.445 N. Sheridan (Recommended) I met with Ken Andrews. Again, I am not sure why this business has to have a scrap license. They are paid by contactors to take in forklift tires. They then strip the rubber from the tires and make various rubber products from them. They take the metal left over from tires, and throw it in a bin which is collected by Acme recycling. They are then paid by Acme for the scrap. At no point do they do any purchasing for any scrap, tires, or anything else. They are paid both for taking in the tires, and the scrap metal their business produces. They do not have any of the required items, because they do not do any purchasing. If they are required to have the license for whatever reason then I recommend them for a license under the above listed circumstances. U.S. Scrap & Recycling, 1610 Circle Ave. (Recommended) 1700 W. Washington (Recommended) 2014 -2016 W. Washington. (Recommended) I met with Mike Morris. This area is used only for storage. There are no employees that work at these sites. They do have scales, but all business is by contactors only. They only deal in large quantities (huge bins /semi tractor loads). They do not deal in walk up /non contactors. Pa a 1. (2123/2009) Winona Hays - Scarp Metal Lic 9 From: Mark Lyons To: Hays, Winona Date: 2/16/2009 7:54 AM Subject: Scarp Metal Lic Approval for the following addresses. Treadstone LLC - 445 N Sheridan St. Alternative Two LLC - 700 Chippewa Ave Shapiro Sales - 2920 W. Sample St. OmniSource Corporation - 7575 W Jefferson Blvd. Mark Lyons Assistant Zoning Administrator 125 Lafayette Blvd., Suite 100 South Bend, IN 46601 Phone (574) 235 -9554 Fax(574)235 -5541 (3 /5/2009) Winona Hays - Re: License renewals __----- - - - - -- Page 1 From: David Tungate To: Winona Hays Date: 3/5/2009 6:42 AM Subject: Re: License renewals Ms. Hays - I have no issues with any of the businesses below. I approve their SMD licenses. Dave David Tungate South Bend Water Works Water Works Director 830 North Michigan Street South Bend, IN 46601 (574)235 -5922 (574)235 -5595 fax »> Winona Hays 3/3/2009 2:29 PM >>> Hello David, I must have missed something because you have always responded right away. I've been going through the paperwork looking for responses and I'm missing approvals for: Alternative Two Green Tech Trans Shapiro Sales US Scrap & Bailing Us Scrap 1420, 1700, 1610, and 2014/2016 Steve & Gene's Hope I'm not making you do double work. Thanks for checking, Winona Hays Cerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 -235 -5935 whays(asouthbendin.gov LICENSE APPLICATION FOR SCRAP METAL DEALERS /JUNK DEALERS /RECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4 -51 Check .One: NEW .RENEWAL BUSINESS DATA A. Type of license applied for: SCRAP METAL DEALER . JUNK DEALER N() 60,r-�13 _X_ RECYCLING OPERATION & ro-PT P-c r B. Business Name t"T 1 �r nQ� Ul,, ( Lo 0 (It✓1 i S C. Business Address I . Dr) '"� o e :5 City c� > �'d� L �u o State :::1:- 0 Zip I D. Mailing Address (if different from above) City State Zip E. Business Telephone Number O� G�' - 0 F. Business Fax Number 5Q q- �Qq D f Q 3 G. E -mail Address _ {�}�Q e 1 le— V O 0, H. Zoning of proposed location . ,q 1. Lot size of premises w & >` "' `• :' t J. Type of fencing used Nq ay& 0 410 - m a . -2 003 1 Please Continue to Page 2 (lack of sheet) 5 SI EC " I NG OPERATIONS S CI OF SO i H BEND, INDIANA South Send Municipal Code Section 4-51 I. Check flue: NEVI/ ./ QEI'�EWA H. BUSINESS D ATA A. Type of !icense applied tor: SCRAP METAL DEALER JUNK DEALER _ RECYCLING OPERATI ON B. Business Name C_' C, C. Business Address / L t g City - v � � -��v�l Sta e Zip D. Mailing Address (if different from above %�c� (�c� 7C Z- 2- S City �t9 vii State c ^_) Zip E. Business Telephone Number -- S >— F. Business Fax Number > `7� - Z- 7- L 6 G. E -mail Address nir e9 2iP i F, 6d T l,. Zoning Of proposed Iccation G L - ^ ui size of preriilSBS -=.- J. Type of fencing used 1 '-_ r4__ Please Continue to Page 2' (back of s heet) For Office Use Only Application Piled -r n - wa, ter Wbrks-Approval Application Fee Paid � -. �;;_ � � ,:y� ?c� Police.Dept Approval t- ai -co'I Sent to Dept 1 A C �„ ,�.�,n, : \ Common Council Approval 1=ir8.D@1Jt ^ License l=ee Paid Code `✓niorcement LI 6 License Nd;u nJer ,!5�q_,Q; Rui!dirg Dept _ ► Not Approved Reason: Scrap Metal Dea er /Ju k DeCdier/ ew Cling ooer aaio L Applicatiopt P a. ge 2 K. Are e.emises: Leased by appiiea tt • ' c/ otnrned by 2ppiicant? if ceased: Marne of owner Business address !II. PERSONAL DATA A. ".pplicant's Legal i':ame B. Residential address v;?- 0O 610 �e — T7E G Cry State Z'lj '_ip C. Residential Telephone tiurnber Z-- p nr c�av D. SSN E. Date of Birth - � IV. !NCCL U DE, WI 13 I-I APPLICA T ION, A SIT PLAIN OF THE FACILITY S�IG�1ili�G PRCPE P i Y LINES, BUILDIMGS, PARKING SPACES, L O DING DOCKS, FUEL STCRAG 'E:, AND LANDSCAPING. V. 1NCLUDE, WITH APPLIC'A T ION, A $5.00 PROCESSII`I- -EE V1. AFI IRMATION I, slereby, certify and affirm that all of the information I have given in '=pis application ' is ?rue and accurate to the hest of my knowled I furt ceriiy and affirm th l have in noway attempted to mislead the CiPy in this application by omitting ?acts known to me. I have read and understand the regulations of the Scrap ie €al Dealer /Junk Deaier /Recycling Operation/Transfer Station license - found in the City of South Bend Municipal Code, Section A -51. Signature Date Map Output —, "7' AX-61MIS Viewer Map A td" ". 1 1 tz Page I of I Information shown on this map is not warranted for accuracy or merchantability. Reproduction of this material is not possible %%ithout the written permission of the Michiana Area Council of Governments. III tp://WWNV. maco Z:� - gcr i coil 1/arci M S/i TMOSCITi M\h1IT1C=1Ne1 ACOGO ver-, ientVersion—W& Form 1/16/2008 Legend C . , Skf la 14C,W T"r-r( v ::Is ED Information shown on this map is not warranted for accuracy or merchantability. Reproduction of this material is not possible %%ithout the written permission of the Michiana Area Council of Governments. III tp://WWNV. maco Z:� - gcr i coil 1/arci M S/i TMOSCITi M\h1IT1C=1Ne1 ACOGO ver-, ientVersion—W& Form 1/16/2008 (1/2112 Winona Ha - Re: U S Scrap LLC 1420 Wal _ Page 1 From: Stephen Goen To: Winona Hays Date: 1/21/2009 7:46 AM Subject: Re: US Scrap LLC 1420 Walnut Approved This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department - Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235 -7515 (574) 235 -7538 >>> Winona Hays 1/20/2009 1:41 PM >>> Attached is the renewal application for US Scrap LLC 1420 Walnut, please let me know if you need any other information. Thank you, Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 -235 -5935 whays(asouthbendi n.gov Flied $ � iiC 2009 Scrap Yard Ordinance Inspec tions , T' LKQ,1602 S. Lafayettte (Recommended) Met with Tony Grant. Mr. Grant was able to provide all required items, and has an excellent video surveillance system. US Scrap LLC, 1420 S. Walnut (Recommended) Met with Blair Melvin. US Scrap was in full compliance with all required items. They have a very good video surveillance system, and had their binders of all purchase transactions, and forms for transactions less than $100. A -1 Auto Parts, 2014 S. Lafayette (Recommend with Reservations) Met with Thomas Brogdon. He does not have a surveillance system set up. He has been closed for business since 2006. He has kept his records from then, but has no current records. He is currently looking for an investor, or he will be selling the business. He is applying for a license to keep his business grandfathered in for zoning purposes. It is very obvious that he is not currently in business, and is not buying junk cars. I would recommend him for the permit, as for the past year he has been compliant, and not been open for business. Alternative Two LLC, 700 W. Chippewa (Recommended) Met with Mashelle Sager. Alternative Two is a tire recycler, and only deal in large quantity (semi loads) with contactors. They do not have video surveillance because they only deal with contractors, and do not purchase from non- contactors. They do not do small transactions. If someone wants to drop off a couple of tires they can, but they do not get paid. They do not keep records of transactions of less than $100, because they do not deal with any small transactions. They do keep records of all purchases from their contactors. Treadstone, LLC; 445 N. Sheridan (Recommended) I met with Ken Andrews. Again, I am not sure why this business has to have a scrap license. They are paid by contactors to take in forklift tires. They then strip the rubber from the tires and make various rubber products from them. They take the metal left over from tires, and throw it in a bin which is collected by Acme recycling. They are then paid by Acme for the scrap. At no point do they do any purchasing for any scrap, tires, or anything else. They are paid both for taking in the tires, and the scrap metal their business produces. They do not have any of the required items, because they do not do any purchasing. If they are required to have the license for whatever reason then I recommend them for a license under the above listed circumstances. U.S. Scrap SL Recycling, 1610 Circle Ave. (Recommended) 1700 W. Washington (Recommended) 2014 -2016 W. Washington. (Recommended) I met with Mike Morris. This area is used only for storage: There are no employees that work at these sites. They do have scales, but all business is by contactors only. They only deal in large quantities (huge bins /semi tractor loads). They do not deal in walk up /non contactors. From: Mark Lyons To: Hays, Winona Date: 1/30/2009 10:58 AM Subject: Scrap Metal Lic Approval for the following addresses. -1:610 Circle - US Scrap and Recycling ,,2014 S. Lafayette Blvd - A -1 Auto Parts .3109 Gertrude St. - Steve & Genes 2500 Green Tech Dr. - Green Tech :2014 -2016 Washington - US Scrap & Recycling 1420 S. Walnut St. - US Scrap LLC -1420 S. Walnut St. - US Scrap & Recycling / South Bend ,700 W Washington - US Scrap & Recycling Mark Lyons Assistant Zoning Administrator 125 Lafayette Blvd., Suite 100 South Bend, IN 46601 Phone (574) 235 -9554 Fax (574) 235 -5541 T s�. � , ^ � �J f L ,....,, ,,.. .... ��✓ .+.. -S t'. =.-� V ? � i.� 1� 1 : S •�.:_� S ET S'.) �_ ; ouin Send 1'lun: •ca; �o'e Section, -o; z . r e � _ r s�fE`dVAL .. - Type of ?icelnse z,ppiied or: SCRAP METAL DEALE=R DMA'•_ =R OIJSli3 @ °S � G —S 1 J. Business A,L rvss D Nilaiii Address ;If differ°: t "Gnlz above) �d � ✓�/ -�- Z— _'/ Stat �. �: -p 1 '6 ;', Business ! 2 r 6 Gf r > rJ _. Diione Number 6 F. ELs'neSS -u.i hli;:??t;g G G. CCU 1 OO2iWo LO�Iilg ^roCOScd ze 1 - `,Y Ta^Cing used ;ea e CO.rtinu& t o PLige y !back of sheet) 'ice Use Omy For O ;:oa oi? i?e� - Alater Works App -,. va! 1 ' ' GiICB D r Ap ro'Jal �Ilc� lion Lev !-aid {{ �tre e i C. r g@ Fee 1ala t ' N umbe r . -�lf�r rr� .t ` ! I-ense —/R33 Ce „ I Duildi ng Dept ?�fi A prove` PPI ;CAT14 FOR 1A 7 SCRAP J'AE JRECYC'LHNG OPERATIONNS C11 '01c SX)U H BEND, INDIA•LA -South Bend 1,Miunicipa-1 Code Section 4-5 — h,--k One: 'N EVV �RE VIA L H. BUSINESS DATA 7 ype of !Icanse applied for: SCRAP ME T.AL DEALER J U. N K D =A L E RECYCLING OPERATION Business Name -A Z- Z C C. Business Address .—`ti StaTe ip 64F D. Mlaiiing Address ( differ-sint Itrom abzwe-1 F, City S! 0 2 State Z ^.j Zip Business Te!ephone Number — 3 3 .7- . Business Fax Number 2- 7- 2- C, :;7 G. E-mail Address R1 /:=, --- 4L-6� �, je- C Cd W 70n:ng C I joroposed loicat-1011 Lot size of p emises 3 j. Type df fencing used P Continue to Page 2 (back of sheet) For Offlics Use On!y Application Filed '../Vater . 'Work . s�Approval Ariplicatior, Fee Paid P;Dlice D AmDroval per to dept 1.) : L Common C Approval {'ire Dept 'License ~oe Raja' Code Enforc--rner-t Ucense Plbmber SIU11-ding Dept N .. lot Approved Reason: ` (3/5/2009) Winona Hays - Re: License renewals P age 1 From: David Tungate To: Winona Hays Date: 3/5/2009 6:42 AM Subject: Re: License renewals Ms. Hays - I have no issues with any of the businesses below. I approve their SMD licenses. Dave David Tungate South Bend Water Works Water Works Director 830 North Michigan Street South Bend, IN 46601 (574)235 -5922 (574)235 -5595 fax »> Winona Hays 3/3/2009 2:29 PM >>> Hello David, I must have missed something because you have always responded right away. I've been going through the paperwork looking for responses and I'm missing approvals for: Alternative Two Green Tech Trans Shapiro Sales US Scrap & Bailing Us Scrap 1420, 1700, 1610, and 2014/2016 Steve & Gene's Hope I'm not making you do double work. Thanks for checking, Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 -235 -5935 whays(asouthbendin.00v 41 -. j a La`E iS - 1 PF 1 i TION FO g g RU y CITY OF SOUTH H BEINID, INDIANA South Send Municipal ::ode Section rt -s'i 11 1Chec ;Cane: NEW ;ENEE AL BUSNESS DATA A. Type of license applied for: SCRAP IMETAL DEALER - JUNK DEALER _ RECYCLING OPERATION B. Business Name C. Business Addresses v —S City U Stale D. Maiiing Address (if different from above) _ � �' 2-- 1 City �� t� 1��� Stale . AJ 7:p �6 6 C�J r Business Telephone Number �5 23 — 6 `� P. Business Pax Number 4� G. E -mail Address t S � i - �h � �� 1 � _�'�"� c? H. Zoning of proposed location� Lot size of premises J. Type of fencing used Please Continue to Page 2 (back of shee For O ice Uze Only Application Filed r. Application Fee P aid 7- Sent to Dept ��� Fire Dept a - I k - rC1 Code Enforcement 3Oilding Dept 1 _ .3 ^- Not Approved 'Jl-fate'r Works,Appmval ` Police Dept Approval i - ai -t�J� �� Common Council Approval ^ License Fee Paid _ Li tense Number O - - Ip.3t� son: Sc Me - al ? e ierji i_r t . "e -aieT/Re y c i�?rg' s`'�t'teration ! s – ! ,i -,...._' ti ..F ;.+... 3, F it,re�:t-�. ,u±Jail,c:si..J;? r age + �. Are prernises: _ec ^sed by 2DGiiCatli Ue ?ed bV appi;can i f ieased: 'dame of o':'Jner Business address i'�i. � RSO INIAL DATA' A. A.opiicant's L egal ri=me B. Residential Address 2— 5 cif! �� .ate t) � C. Resilidential Telephone Number D. S SN E. Date GI BirFl INCLUDE, WIT APPLICATION, A SITE i� LANO 1 H FAC!LIT' ' Sf- O��r ING PROPrR S L1N ES, SU1L diNGS, f PARKIN LA G SPACES, LOADING DOC \S, F E STORAGE, AND L ANDSCA? INN. V. 1NCLIUDIE, WI APPL CATiON, A M5.00 PROCESS1INIG EEC= tif,/ and affirm tbat al of the information 1 have given i n his aLplic• Lion is tfue aric t he reby, ^•er accurate to the best of my knowledge. 1 further certify and affirm - that i have in n0':� ay attempted to mislead the Cis in this ai Scra p )pl ication by omiiing sacs kr own to me. 3 have reia,d and understand the re- dulations of - the 1 i rk � er /Recycling _ Me JealeriJun� e�i,, Opera i rans'ier Station l icense found in the City of South Bend Municipal Code, Section 4 -5 -1 Signature Date Map Output -r s� % c' S. Gz.' -C�i`' ✓ a `�'E�`r��` Page 1 of 1 ArcIM5 Viewer Legend St. Joseph Parcel^ -A County Parcek Elkhart4lntorporated Mitt St. Joseph4lntorporaiad Cifias O 6tkhart4Cnv1 Toxnships Q 5t. Joseph#Crvd Townships ❑ Elkhart#County Boundary St. Josaph#Counly Boundary Aerial 1 Black and While Information shown on this map is not warranted for accuracy or merchantability. Reproduction of this material is not possible without the . permission of the Michiana Area Council of Governments. http: / /www.macoggis. corn/ arcimsl ims? ServiceName= MACOGOverviewMap &ClientVersion =4.0 &Form... 1/16/2008 (1/21/ Winon Hays - Re: US S crap 1420 S. Walnut — Pag 1 From: Stephen Goen To: Winona Hays Date: 1/21/2009 7:44 AM Subject: Re: US Scrap 1420 S. Walnut approved This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department - Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235 -7515 (574) 235 -7538 >>> Winona Hays 1/20/2009 1:39 PM >>> Attached is the renewal application for US Scrap 1420 Walnut, please let me know if you need any other information. Thank you, Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 - 235 -5935 whays(asouthbendin.4ov Red 'in FEB - 9 2009 2009 Scrap Yard Ordinance Inspections voa��e CITY.0 LE so. aEe :Q, ic1. LI£Q,1602 S. Lafayettte (Recommended) Met with Tony Grant. Mr. Grant was able to provide all required items, and has an excellent video surveillance system. US Scrap LLC,1420 S. Walnut (Recommended) Met with Blair Melvin. US Scrap was in full compliance with all required items. They have a very good video surveillance system, and had their binders of all purchase transactions, and forms for transactions less than $100. A -1 Auto Parts, 2014 S. Lafayette (Recommend with Reservations) Met with Thomas Brogdon. He does not have a surveillance system set up. He has been closed for business since 2006. He has kept his records from then, but has no current records. He is currently looking for an investor, or he will be selling the business. He is applying for a license to keep his business grandfathered in for zoning purposes. It is very obvious that he is not currently in business, and is not buying junk cars. I would recommend him for the permit, as for the past year he has been compliant, and not been open for business. Alternative Two LLC, 700 W. Chippewa (Recommended) Met with Mashelle Sager. Alternative Two is a tire recycler, and only deal in large quantity (semi loads) with contactors. They do not have video surveillance because they only deal with contractors, and do not purchase from non- contactors. They do not do small transactions. If someone wants to drop off a couple of tires they can, but they do not get paid. They do not keep records of transactions of less than $100, because they do not deal with any small transactions. They do keep records of all purchases from their contactors. Treadstone, LLC;.445 N. Sheridan (Recommended) I met with Ken Andrews. Again, I am not sure why this business has to have a scrap license. They are paid by contactors to take in forklift tires. They then strip the rubber from the tires and make various rubber products from them. They take the metal left over from tires, and throw it in a bin which is collected by Acme recycling. They are then paid by Acme for the scrap. At no point do they do any purchasing for any scrap, tires, or anything else. They are paid both for taking in the tires, and the scrap metal their business produces. They do not have any of the required items, because they do not do any purchasing. If they are required to have the license for whatever reason then I recommend them for a license under the above listed circumstances. U.S. Scrap & Recycling, 1610 Circle Ave. (Recommended) 1700 W. Washington (Recommended) 2014 -2016 W. Washington. (Recommended) I met with Mike Morris. This area is used only for storage. There are no employees that work at these sites. They do have scales, but all business is by contactors only. They only deal in large quantities (huge bins /semi tractor loads). They do not deal in walk up /non contactors. From: Mark Lyons To: Hays, Winona Date: 1/30/2009 10:58 AM Subject: Scrap Metal Lic Approval for the following addresses. :1610 Circle - US Scrap and Recycling ,,2014 S. Lafayette Blvd - A -1 Auto Parts „31 Gertrude St. - Steve & Genes 2500 Green Tech Dr. - Green Tech .2014 -2016 Washington - US Scrap & Recycling .x , 420 S. Walnut St. - US Scrap LLC -4420 S. Walnut St. - US Scrap & Recycling / South Bend ,1,700 W Washington - US Scrap & Recycling Mark Lyons Assistant Zoning Administrator 125 Lafayette Blvd., Suite 100 South Bend, IN 46601 Phone (574) 235 -9554 Fax (574) 235 -5541 0 6 WN ERSIM p OJI A U RE N D I NID I N" , IA nicipa;'Code Section .,er,d ju, ; C, h e d,,k 0 n e: "\F P VV RENEVAIAL 4 BU&IN'E.SS DATr please Continue to J 2' (back of sheet") For Office Use Only Application Filled Application Fee Paid Sent to Dept Mire Dept G.6de Enforcement BUildirg Pept Water Works-App; ov; i Police Dept Approval Common Council Approval License Fee Paid License Nhulmber OQ—lp-�3 ?Qot Amoroved Reason: 7 ype o license appil for: SCRAP ki"IETAL DILEEALEIR jUNNIK DEALER Business Narne W A,& C. Business Address D -Mal'!inq Addresz (if diff eren.t f above) State : P e/Z6 P Business T elep'llo Number .2- 0 F. Bcis;qess - Fax Nuumber G. E—nnail Address le'g r C ' H. 7oning of proposed loc�atior _e size of noTenn.ises J. rYpe cuf fencing used AN, e 7 please Continue to J 2' (back of sheet") For Office Use Only Application Filled Application Fee Paid Sent to Dept Mire Dept G.6de Enforcement BUildirg Pept Water Works-App; ov; i Police Dept Approval Common Council Approval License Fee Paid License Nhulmber OQ—lp-�3 ?Qot Amoroved Reason: (3/5/2 Winona Hays - Re: License renew i P age 1 From: David Tungate To: Winona Hays Date: 3/5/2009 6:42 AM Subject: Re: License renewals Ms. Hays - I have no issues with any of the businesses below. I approve their SMD licenses. Dave David Tungate South Bend Water Works Water Works Director 830 North Michigan Street South Bend, IN 46601 (574)235 -5922 (574)235 -5595 fax »> Winona Hays 3/3/2009 2:29 PM >>> Hello David, I must have missed something because you have always responded right away. I've been going through the paperwork looking for responses and I'm missing approvals for: Alternative Two Green Tech Trans Shapiro Sales US Scrap & Bailing Us Scrap 1420, 1700, 1610, and 201412016 Steve & Gene's Hope I'm not making you do double work. Thanks for checking, Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 -235 -5935 whM(s bsouthbendin.gov R ;NIG C)ZF_'PJ.0­�.mo 13 coale; section - 151 South Sena' i`Viun;C: p@; \ , 7 Ni EVVAL -- S ,- ' . ATA S U S flp�t 57 -LIJ ij . I J - A. 7iipa of license appilied for: SCRAP METALDIE-ALE-ER jUilk_ DEAL R RECYCLING OPER.kTIOIN Business Name Cj 4hj C. -Business Address L) stag Uzip t D. Vmajiing.Addresz diff ereiintfi Orr, above) 7 rl; y State !p 6 Business Tr--j=Di'one Number Bt �ax Number G. C, CJ '' ­I. Zoning o' Proposed 10C2tiOrt. Size -,-; prernises ­ypa, AA P I off ncing used please Continue to page 21 (back of sheet) For Of flee Use Only Application Filed Appflcation Fee Pa'd I Serif to Dept F ire Dep _n �nfncrcement BUilding Dept 'rater Works-App rOval Police Dept Approval i:;ammon Council Appilroval -- ::cerise Fee Paici License Numbe7 Oq-�e�i Mot Aoorovedz Reason: L '�7 # acn sl y' ^ y�=A �J"P'� ! 0R-1 _ ' '„�' q p� TI ON 1 , a °a 7jl aA'iy d,n V C ] , ,'j @O0 W i u�- � ms's � E � �. _ � � G —�--� CI Fly COF S OU i H EI,iD, i0.�DlAi�� Souti, Bend Niu nicipai Code Section 4 -51 �JI 3e tdk 1 le il. BUSINESS DA # A IN FE W RENIEVIIAL A_ Type of license applied for: 4 SCRAP METAL DEALER JUNK DEALER .� 1 ECYCLINIG OPERATION v B. Business Name C% �'�-'b /%y ��� � C. Business ;= address d - City s�(�t%�� �� Sta �v =iP z 7 1 66- D. Mailing Address "if different fr am above) City sr c > j� c� State M70 Zip y�V v� E. Business Telephone Number G 0 © 0 . P. Business Pax Number 5 / - Z S� c - 2 2 G ' G. E -mail Address Itt O of t 7yo i� /�t? Y 'A C c�• -t H. Zoning of proposed location of size of premises J. Type of fericing used Please Continue to Pegv 2 ;back Of sheet) For Office Use O41$Y .Application Filed 1 ,aJ -r;,I-t' Wbtdr brks Approval ✓ - 5 �7 Application FIIe Paid I Police Dept App roval i - at- o�1 / - �—! T- Sent io Dept } -�- �,c, :l Common Council approval Fire Dept 3 — -11/-) ! icense Fee Paid - Code Enforcement 1-3P -0c1 License Number Dq-- o5).4 Buildir,g Dept l -3, Not Approved Reason: De 'lUlik Dealer/Recycling Opera tion Ucer'Se.,�kDON • or! U P2.ge —11 . - it I - ca i I f leased: Owned by applicant? I eased by applicant Name of o 3usiness address PERSONAL DATIA A. B. C. D. Applicant's ! =gal 'Name 4 `// c_ /7 e_ -Residential Address S7 o 0 A— city I -7i 1�6 Resid - telephone Number SSN 0/I- e_ - (L- E. Date of Birth - U 'V INCLUDE, WITH APPLA1CATj' A SITE 1 OF THE FACILITY SHO'VVING 'PROPER i Y LINES, BUILDiNGS, PARKING SPACE'S, LOADING DOCKS, FUE1 STORAGE, AND LANDSCAPING. E --kie premises - INCLUDE-, VVITH APPUCATION, A $5.00 PROCESSING IFEE VL AFFiRMAT It: N i j I. hereby, certiN and affirrnlhat all o the information 1 havie given in thiis aippiicattion is true amid accuraie to the best of my knowledge. I fuirther c- 'ify and affirinn that 'nave in noway rT attempted of mislead the C in this application by orni"Itinn - Facts mown to me. 1 have read and understand the regulations of the -Scrap Metal Dealfer/Junlk Dealler/Recycling 1 14enation/Trans - fer -Station license found in the City of south Bend Municipal Code, Section - -5 Signature G ate Map Output C S C; C / / �/ w➢4 �r�v� Pto .� Page 1 of 1 IU 6 � http:// www. macoggis. com/ arcims/ ims? 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ServiceNarne= MACOGOverviewMap &ClientVersion =4.0 &Form... 1/16/2008 (1/21/2009) Winona Hays - Re: US Scrap 2014 - 2016 Washington _Page 1 From: Stephen Goen To: Winona Hays Date: 1/21/2009 7:42 AM Subject: Re: US Scrap 2014 -2016 Washington Approved This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department - Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235 -7515 (574) 235 -7538 >>> Winona Hays 1/20/2009 1:44 PM >>> Attached is the renewal application for U S Scrap 2014 -2016 Washington, please let me know if you need any other information. Thank you, Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 -235 -5935 whays(asouthbendin.gov 2009 Scrap Yard Ordinance Inspections �- -- f= ed to Clei °k's 0 ice FEB - 9 2009 aolig V0011QE cmr c�e;c, so. s�e��, lra. LKQ,1602 S. Lafayettte (Recommended) Met with Tony Grant. Mr. Grant was able to provide all required items, and has an excellent video surveillance system. US Scrap LLC, 1420 S. Walnut (Recommended) Met with Blair Melvin. US Scrap was in full compliance with all required items. They have a very good video surveillance system, and had their binders of all purchase transactions, and forms for transactions less than $100. A -1 Auto Parts, 2014 S. Lafayette (Recommend with Reservations) Met with Thomas Brogdon. He does not have a surveillance system set up. He has been closed for business since 2006. He has kept his records from then, but has no current records. He is currently looking for an investor, or he will be selling the business. He is applying for a license to keep his business grandfathered in for zoning purposes. It is very obvious that he is not currently in business, and is not buying junk cars. I would recommend him for the permit, as for the past year he has been compliant, and not been open for business. Alternative Two LLC, 700 W. Chippewa (Recommended) Met with Mashelle Sager. Alternative Two is a tire recycler, and only deal in large quantity (semi loads) with contactors. They do not have video surveillance because they only deal with contractors, and do not purchase from non- contactors. They do not do small transactions. If someone wants to drop off a couple of tires they can, but they do not get paid. They do not keep records of transactions of less than $100, because they do not deal with any small transactions. They do keep records of all purchases from their contactors. Treadstone, LLC; 445 N. Sheridan (Recommended) I met with Ken Andrews. Again, I am not sure why this business has to have a scrap license. They are paid by contactors to take in forklift tires. They then strip the rubber from the tires and make various rubber products from them. They take the metal left over from tires, and throw it in a bin which is collected by Acme recycling. They are then paid by Acme for the scrap. At no point do they do any purchasing for any scrap, tires, or anything else. They are paid both for taking in the tires, and the scrap metal their business produces. They do not have any of the required items, because they do not do any purchasing. If they are required to have the license for whatever reason then I recommend them for a license under the above listed circumstances. U.S. Scrap & Recycling, 1610 Circle Ave. (Recommended) 1700 W. Washington (Recommended) 2014 -2016 W. Washington. (Recommended) I met with Mike Morris. This area is used only for storage. There are no employees that work at these sites. They do have scales, but all business is by contactors only. They only deal in large quantities (huge bin 7semi tractor loads). They do not deal in walk up /non contactors. From: Mark Lyons To: Hays, Winona Date: 1/30/2009 10:58 AM Subject: Scrap Metal Lic Approval for the following addresses.' .1-610 Circle - US Scrap and Recycling ,,2014 S. Lafayette Blvd - A -1 Auto Parts ; 3109 Gertrude St. - Steve & Genes 2500 Green Tech Dr. - Green Tech ..2014 -2016 Washington - US Scrap & Recycling 1.420 S. Walnut St. - US Scrap LLC -1:420 S. Walnut St. - US Scrap & Recycling / South Bend ,.1700 W Washington - US Scrap & Recycling Mark Lyons Assistant Zoning Administrator 125 Lafayette Blvd., Suite 100 South Bend, IN 46601 Phone (574) 235 -9554 Fax (574) 235 -5541 . Z. bo A 0 N S CYI U T F SIC lu B E " Scuth Band Sectiol-i. m I One: JklIEW E- N EVIAL 33 U SHN E -S DAT A A. of jjcer applied mr: SCRAP W=- AL DEALER U N! K D E A L E R R�C);Ci jNIC- OPEERATION' c e IV Business,"Id die s— 7; C5 - 7 - 3. :. - ']ailing Ad di'ess diff. arent f abc•l, z 2-> 6 0 0 0 M. Bus;iness Teleptione Number - Bus 4 ness 2- 2- NUM� - x 1 75 I Akddres G s I o cmnosed location _CT size 0 Is T pe of fenci.- I y ng used p,ease Continue- �to P 27 ;back: of shcsI*t) U ib Flied pplic q, Applic-ml 'ion Aat Sent 4 10 Dept Fire Dept - Cora E-ff rcement .0 :.Buliding Dept , �Pje.. , L -er IINjorks Approval "olice DeDt AMroVaj L'--en.t- Fee ;'aid uner se Nurnber. 00- 2Ie5) Nlov Ac-provec! i Reason: (3/5 /2009) Winona Hays - Re: License renewals Page 1 From: David Tungate To: Winona Hays Date: 3/5/2009 6:42 AM Subject: Re: License renewals Ms. Hays - I have no issues with any of the businesses below. I approve their SMD licenses. Dave David Tungate South Bend Water Works Water Works Director 830 North Michigan Street South Bend, IN 46601 (574)235-5922 (574)235 -5595 fax »> Winona Hays 3/3/2009 2:29 PM >>> Hello David, I must have missed something because you have always responded right away. I've been going through the paperwork looking for responses and I'm missing approvals for: Alternative Two Green Tech Trans Shapiro Sales US Scrap & Bailing Us Scrap 1420, 1700, 1610, and 2014/2016 Steve & Gene's Hope I'm not making you do double work. Thanks for checking, Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 - 235 -5935 whaysC(Dsouthbendi n.gov (3/13/2009) Winona Hays - Fwd: Re: Business Licenses Page 1 From: Federico Rodriguez To: Winona Hays Date: 3/13/2009 1 :29 PM Subject: Fwd: Re: Business Licenses Winona, ** 3700 S. Gertrude and 3109 S. Gertrude both pass inspection 2 -16-09 and were sent back to you. I got a feeling that they might off gone to 12 floor Instead. If you need copy I will send them againl ** 7575 W. Jefferson no such address correct address is 1305 Prairie Ave. ** 1700 and 2014, 2016, W. Washington were inspected 06 -10 -08 and are not due for one year. As of then there were no violations. ** 1610 Circle Dr. also was inspected 06 -10 -08 and due again in June 09, no violations. ** N. Bendix Dr., W. Sample St., and N. Sheridan I will find out from inspectors next week on progress of inspections. - ** I would also like to meet with you to explain how we do our inspections and how we approve or dined an application. If you would like to meet the inspectors and ask them questions we meet on the last Tuesday of the Month at 0800 hrs. Thanks and have a good dayl Federico "Chico" Rodriguez Assistant Chief Fire Prevention South Bend Fire Dept 1222 S. Michigan Street South Bend,In. 574 -235- 7564(0) 574 - 235- 9305(F) frodrigu(asouthbendin.ci >>> Winona Hays 3/11/2009 3:44 PM >>> Gertrude St. Metal - 3700 S. Gertrude St Omnisource Corp. - 7575 W. Jefferson Blvd. Schrock Aggregate - 1702 N. Bendix Dr Shapiro Sales - 2920 W. Sample St. Steve & Gene's - 3109 Gertrude St. Treadstone LLC - 445 N. Sheridan St US Scrap - 1700 - 1700 W. Washington US Scrap - 1610 - 1610 Circle Dr. US Scrap - 2014/2016- 2014/2016 W. Washington Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 - 235 -5935 whays(�bsouthbendin.00v >>> Federico Rodriguez 3/11/2009 2:57 PM >>> Could you please give us some addresses because that is the way we file our records. It makes it easy to check if the application have been sent back to you or not Federico "Chico" Rodriguez Assistant Chief Fire Prevention South Bend Fire Dept 1222 S. Michigan Street South Bend,In. 574- 235 - 7564(0) 574 - 235- 9305(F) frodriguCtsouthbendin.00v >>> Winona Hays 3/1112009 12:34 PM >>> Hello, (3/13/2009) Winona Hays - Fwd: Re: Business Licenses Page 2 I just completed an audit of the BL files and I'm missing approval /denial statements from the fire dept. on these companies: Gertrude St. Metal Omnisource Corp. Schrock Aggregate Shapiro Sales Steve & Gene's Treadstone LLC US Scrap - 1700 US Scrap - 1610 US Scrap - 2014/2016 I am trying to have a licenses completed and issued by the end of March, please let me know if you need any of the paperwork resent. Thank you, Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 -235 -5935 whaysO)southbendi n.00v LICENSE APPLICATION FOR L DEALERS/JUNK DEALERSIRECYCLIN.G OPERATIO CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4 -51 Check One: NEW L/ RENEWAL BUSINESS DATA A. Type of license applied for: SCRAP METAL DEALER JUNK DEALER RECYCLING OPERATION B. Business Name C. Business Address City 2!v State = zip ,�� 'S D. Mailing Address (If different from above) City �C7yl..{ n State Zip X66 E. Business Telephone Number 2 - 2-2- � � F. Business Fax Number .sue Y- �� - /r'1 ii-1 dP_�? r S 2c� / 4 G. E -mail Address / H. Zoning of proposed location -L 1. Lot size of premises J. Type of fencing used /Vl Please Continue to Page 2 (back of sheet) For Office Use Only. Application Filed Water Works Approval Application Fee-Paid -a -rCy -3 Police Dept Approval - Sent to Dept 1 a�� Common Council Approval `Fire.Dept � _21 - License Fee P' ald Code Enforcement 1 -t� License Number fig-- - Building Dept Not Approved Reason: Scrap Metal Dealer /Junk Dealer /Recycling'Operation License Application Page 2 K. Are premises: Leased by applicant Owned by applicant? If leased: Name of owner Business address IV. V. PERSONAL DATA A. Applicant's Legal Name A-I � S B. Residential Address �p�- > �J 0 6 - el� city I' �j r� �( State -'7--qj Zip /..2 C. Residential Telephone Number S > D. SSN 0^j E. Date of Birth d A INCLUDE, WITH APPLICATION, A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE, AND LANDSCAPING. INCLUDE, WITH APPLICATION,-A $5.00 PROCESSING FEE VI. AFFIRMATION I, hereby, certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer /Junk Dealer /Recycling Operation/Transfer Station license found in the City of South Bend Municipal Code, Section 4 -51. r Q Signature Date f P Output Aren, IS Viewer. Map Is 44 x TZ Legend Fall:- 7 P�l :0-VA 'V F U J 'Itd H ' E. Ila, J3111Y 5 7i out the .... .. I s not possible with merchantability. Reproduction 0 tWs maten lnforn a . tion shown oil this map is not warrante f accuracy or merch, written permission of the Michiana Area Council of Governments. http://www ?ServiceNanie=MACOGO.verviewMap &C lien LVerS ion= 4-.0&Form 1/161200" -- - - - -- - - - - - -- Page 1 (1 /21/2009) Winona Hay - Re US Sc rap 1 610 Ci Av 9 From: Stephen Goen To: Winona Hays Date: 1/21/2009 7:43 AM Subject: Re: US Scrap 1610 Circle Ave. Approved This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department - Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235 -7515 (574) 235 -7538 >>> Winona Hays 1/20/2009 1:37 PM >>> Attached is the renewal application for US Scrap, please let me know if you need any other information. Thank you, Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 - 235 -5935 whWs(asouthbendiin.00v From: Mark Lyons To: Hays, Winona Date: 1/30/2009 10:58 AM Subject: Scrap Metal Lic Approval for the following addresses. :610 Circle - US Scrap and Recycling ,,2014 S. Lafayette Blvd - A -1 Auto Parts ,1169 Gertrude St. - Steve & Genes 2500 Green Tech Dr. - Green Tech X014 -2016 Washington - US Scrap & Recycling 1420 S. Walnut St. - US Scrap LLC -1420 S. Walnut St. - US Scrap & Recycling / South Bend ,,V00 W Washington - US Scrap & Recycling Mark Lyons Assistant Zoning Administrator 125 Lafayette Blvd., Suite 100 South Bend, IN 46601 Phone (574) 235 -9554 Fax (574) 235 -5541 LICENSE APPLICATION FOR CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4 -51 Check One: NEW ,' -- RENEWAL {I. BUSINESS DATA A Type of license applied for: / SCRAP METAL DEALER --- ---- -- JUNK DEALER ✓ RECYCLING OPERATION g, Business Name C. Business Address 'r State_ Zip ----- City � C;'7 f 1 � t .: D. Mailing Address (if different from above) � State � � Zip - city E. Business Telephone Number b F. Business Fax Number G. E -mail Address H. Zoning of proposed location L 1. Lot size of premises J. Type of fencing used Please Continue to Page 2 (back of sheet) For Office Use Only Not Approved Reason: Water Works-Apprbval Application Filed Police Dept Approval Application Fee Paid Common Council Approval Sent to Dept License Fee Paid Fire Dept Code Enforcement License Number t) CT— t2(r`i Building Dept Not Approved Reason: 2009 Scrap Yard Ordinance Inspections Hed to C IP -r � #i ice FE9 - 9 2009 JOHN VO R ND,lM. CITY CLER'C, LKQ, 1602 S. Lafayettte (Recommended) Met with Tony Grant. Mr. Grant was able to provide all required items, and has an excellent video surveillance system. US Scrap LLC, 1420 S. Walnut (Recommended) Met with Blair Melvin. US Scrap was in full compliance with all required items. They have a very good video surveillance system, and had their binders of all purchase transactions, and forms for transactions less than $100. A -1 Auto Parts, 2014 S. Lafayette (Recommend with Reservations) Met with Thomas Brogdon. He does not have a surveillance system set up. He has been closed for business since 2006. He has kept his records from then, but has no current records. He is currently looking for an investor, or he will be selling the business. He is applying for a license to keep his business grandfathered in for zoning purposes. It is very obvious that he is not currently in business, and is not buying junk cars. I would recommend him for the permit, as for the past year he has been compliant, and not been open for business. Alternative Two LLC, 700 W. Chippewa (Recommended) Met with Mashelle Sager. Alternative Two is a tire recycler, and only deal in large quantity (semi loads) with contactors. They do not have video surveillance because they only deal with contractors, and do not purchase from non- contactors. They do not do small transactions. If someone wants to drop off a couple of tires they can, but they do not get paid. They do not keep records of transactions of less than $100, because they do not deal with any small transactions. They do keep records of all purchases from their contactors. Treadstone, LLC; 445 N. Sheridan (Recommended) I met with Ken Andrews. Again, I am not sure why this business has to have a scrap license. They are paid by contactors to take in forklift tires. They then strip the rubber from the tires and make various rubber products from them. They take the metal left over from tires, and throw it in a bin which is collected by Acme recycling. They are then paid by Acme for the scrap. At no point do they do any purchasing for any scrap, tires, or anything else. They are paid both for taking in the tires, and the scrap metal their business produces. They do not have any of the required items, because they do not do any purchasing. If they are required to have the license for whatever reason then I recommend them for a license under the above listed circumstances. U.S. Scrap & Recycling, 1610 Circle Ave. (Recommended) _. 1700 W. Washington (Recommended) 2014 -2016 W. Washington. (Recommended) I met with Mike Morris. This area is used only for storage. There are no employees that work at these sites. They do have scales, but all business is by contactors only. They only deal in large quantities (huge bins /semi tractor loads). They do not deal in walk up /non contactors. rgiR,i5nna) Winona Hnvs - Re- License renewals Page 1 From: David Tungate To: Winona Hays Date: 3/5/2009 6:42 AM Subject: Re: License renewals Ms. Hays - I have no issues with any of the businesses below. I approve their SMD licenses. Dave David Tungate South Bend Water Works Water Works Director 830 North Michigan Street South Bend, IN 46601 (574)235 -5922 (574)235 -5595 fax »> Winona Hays 3/3/2009 2:29 PM >>> Hello David, I must have missed something because you have always responded right away. I've been going through the paperwork looking for responses and I'm missing approvals for: Alternative Two Green Tech Trans Shapiro Sales US Scrap & Bailing Us Scrap 1420, 1700, 1610, and 201412016 Steve & Gene's Hope I'm not making you do double work. Thanks for checking, Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 - 235 -5935 whaysCasouthbendi n.QOv (3/13/2009) Winona Hays Fwd: Re: Business Licenses Page 1 From: Federico Rodriguez To: Winona Hays Date: 3/13/2009 1:29 PM Subject: Fwd: Re: Business Licenses Winona, ** 3700 S. Gertrude and 3109 S. Gertrude both pass inspection 2 -16-09 and were sent back to you. I got a feeling that they might off gone to 12 floor Instead. If you need copy I will send them againl . ** 7575 W. Jefferson no such address correct address is 1305 Prairie Ave. ** 1700 and 2014, 2016, W. Washington were Inspected 06 -10 -08 and are not due for one year. As of then there were no violations. ** 1610 Circle Dr. also was inspected 06 -10 -08 and due again in June 09, no violations. ** N. Bendix Dr., W. Sample St., and N. Sheridan I will find out from inspectors next week'on progress of inspections. - ** I would also like to meet with you to explain how we do our inspections and how we approve or dined an application. If you would like to meet the inspectors and ask them questions we meet on the last Tuesday of the Month at 0800 hrs. Thanks and have a good dayl Federico "Chico" Rodriguez Assistant Chief Fire Prevention South Bend Fire Dept 1222 S. Michigan Street South Bend,In. 574 -235- 7564(0) 574 - 235- 9305(F) frodriou southbendin.00v >>> Winona Hays 3/11/2009 3:44 PM >>> Gertrude St Metal - 3700 S. Gertrude St Omnisource Corp. - 7575 W. Jefferson Blvd. Schrock Aggregate - N. Benda Dr Shapiro Sales - 2920 W. Sample St Steve & Gene's - 3109 Gertrude St. Treadstone LLC -. 445 N. Sheridan St. US Scrap - 1700 - 1700 W. Washington US Scrap - 1610 - 1610 Circle Dr. US Scrap - 2014/2016- 2014/2016 W. Washington Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 - 235 -5935 whays@southbendin.gov >>> Federico Rodriguez 3/11/2009 2:57 PM >>> Could you please give us some addresses because that is the way we file our records. It makes it easy to check if the application have been sent back to you or not Federico "Chico" Rodriguez Assistant Chief Fin: Prevention South Bend Fin: Dept 1222 S. Michigan Street South Bend,In. 574- 235 - 7564(0) 574- 235 - 93050 frodriou(8southbendin.00v >>> Winona Hays 3/11/2009 12:34 PM >>> Hello, (3/13/ Winona Hays -Fwd• Re• Business Licenses Page 2 I just completed an audit of the BL files and I'm missing approval /denial statements from the fire dept. on these companies: Gertrude St. Metal Omnisource Corp. Schrock Aggregate Shapiro Sales Steve & Gene's Treadstone LLC US Scrap -1700 US Scrap - 1610 US Scrap - 2014/2016 I am trying to have a licenses completed and issued by the end of March, please let me know if you need any of the paperwork resent. Thank you, Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 -235 -5935 whays@southbendin.gov L APPLICATION FOR SCRAP MET A L DEALERSAJUNK DEALERSIRECYCLI'N.O OPERATIONS CI I Y OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4 -51 I. Check One: NEW � RENEWAL II. BUSINESS DATA A. Type of licp0ed for. METAL DEALER � JUNK DEALER _ RECYCLING OPERATION B. Business Name j� C'/'04'-0 C. Business Address City cl�v y State zi D. Mailing Address (if different from above) city G' t B e—j d State _l r Zip /,t7 f E. Business Telephone Number .5 F. Business Fax Number G. E -mail Address /�.f�i S te— _ uc� _ Co H. Zoning of proposed location i I. Lot size of premises J. Type of fencing used Please Continue to Wage 2 (back of sheet) For Office Use Only , Filed 1 -a�_�C Water 1l ks Approval .3- Application Fee Paid I �^; ' � � r f r (� ��� Police Dept Appoval i- �, -0ej Z2 _g� Sent to Dept 1_a�_,�,q , _ ; Common Council Approval Fire.Dept j _ i 3 _ 6 License Fee Paid Code Enforcement - 1_j License plumber .:Building Dept Not Approved. Reason: Scrap Metal Dealer /Juhk Dealer /Recycling Operation License Application Page 2 / K. Are premises �—. Leased by applicant `O�Red by applicant? If {eased: Name of owner Business address Ill. PERSONAL DATA A. Applicant's Legal Name B. Residential Address State �1U Zip city � v' T 4 � , /,, — C. Residential Telephone Number D. SSNN�L.B• Date of Birth v IV. INCLUDE, WITH APPLICA T ION, A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE, AND LANDSCAPING. V. [ NCLUDE, WITH H APPLICATION, A $5.00 PROCESSING FEE VI. AFFIRMATION I, hereby, certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in no way attempted to mislead the City in this application omitt {erlJunit Dealer /Recyc{ ng have read and understand the regulations of the Scrap M etal D a Oceration /Transfer Station license found in the City of South Bend Municipal Code, Section 4 -51. Date signature . (1/21 /2009) Wino Ha ys - R e: US Scr &Recycl 1 700 W. W Page 1 From: Stephen Goen To: Winona Hays Date: 1/21/2009 7:45 AM Subject: Re: US Scrap & Recycling 1700 W. Washington Approved This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was original addressed Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department - Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235 -7515 (574) 235 -7538 >>> Winona Hays 1/20/2009 1:34 PM >>> Scan Date: 20.01.2009 14:08 :22 ( -0500) Attached is the renewal application for US Scrap 1700 Washington, please let me know if you need any other information. Thank you, Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 - 235 -5935 whays(dsouthbendi n.00v 2009 Scrap Yard Ordinance Inspections Filed In " E 9 009 30Ejl!40 MD Eb�,1M. my CLERK, LKQ,1602 S. Lafayettte (Recommended) Met with Tony Grant. Mr. Grant was able to provide all required items, and has an excellent video surveillance system. US Scrap LLC, 1420 S. Walnut (Recommended) Met with Blair Melvin. US Scrap was in full compliance with all required items. They have a very good video surveillance system, and had their binders of all purchase transactions, and forms for transactions less than $100. A -1 Auto Parts, 2014 S. Lafayette (Recommend with Reservations) Met with Thomas Brogdon. He does not have a surveillance system set up. He has been closed for business since 2006. He has kept his records from then, but has no current records. He is currently looking for an investor, or he will be selling the business. He is applying for a license to keep his business grandfathered in for zoning purposes. It is very obvious that he is not currently in business, and is not buying junk cars. I would recommend him for the permit, as for the past year he has been compliant, and not been open for business. Alternative Two LLC, 700 W. Chippewa (Recommended) Met with Mashelle Sager. Alternative Two is a tire recycler, and only deal in large quantity (semi loads) with contactors. They do not have video surveillance because they only deal with contractors, and do not purchase from non- contactors. They do not do small transactions. If someone wants to drop off a couple of tires they can, but they do not get paid. They do not keep records of transactions of less than $100, because they do not deal with any small transactions. They do keep records of all purchases from their contactors. Treadstone, LLC; 445 N. Sheridan (Recommended) I met with Ken Andrews. Again, I am not sure why this business has to have a scrap license. They are paid by contactors to take in forklift tires. They then strip the rubber from the tires and make various rubber products from them. They take the metal left over from tires, and throw it in a bin which is collected by Acme recycling. They are then paid by Acme for the scrap. At no point do they do any purchasing for any scrap, tires, or anything else. They are paid both for taking in the tires, and the scrap metal their business produces. They do not have any of the required items, because they do not do any purchasing. If they are required to have the license for whatever reason then I recommend them for a license under the above listed circumstances. U.S. Scrap & Recycling, 1610 Circle Ave. (Recommended) 1700 W. Washington (Recommended) 2014 -2016 W. Washington. (Recommended) I met with Mike Morris. This area is used only for storage. There are no employees that work at these sites.They do have scales, but all business is by contactors only. They only deal in large quantities (huge bins /semi tractor loads). They do not deal in walk up /non contactors. LICENSE APPLICATION FOR .SCRAP MIE a AL DEALERSMUNK DEAL ERS /RECYCL ING OPERATIONS CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4 -51 Check- One: NEW � RENEWAL BUSINESS DATA A. Type of licans� applied for: y / SCRAP METAL DEALER � JUNK DEALER i.� RECYCLING OPERATION B. Business Name _ 1.1.E C�/�'�- t � � -�, /. -V9 C. Business Address ! 7 CD Gc) c` e .,,;C T j S 7 city _ S� r z,�, t,�f State — Zip D. Availing Address (If different from above) city State .L'1 Z e ;'o E. Business Telephone Number _ '57-y 2 Z - F. Business Fax Number s } { - Z _. -2-- G. E -mail Address ! }zt to- ; C � � L r /w _ %✓ �!c =t� �, CO r� H. Zoning of proposed location I. Lot size of premises `� /D J. Type of fencing used -r+ I Please Continue to Page 2 (lack of sleet) For Office Use Only Application Filed Water Works'Approval Application Fee Paid Police Dept Approval Sent to Dept Common Council Approval Fire Dept License Fes Paid Code Enforcement _ j - 7-') -o ff yF�E License Nurnber _� Building Dept Not Approved Reason: From: Mark Lyons To: Hays, Winona Date. 1/30/2009 10:58 AM Subject: Scrap Metal Lic Approval for the following addresses. :610 Circle - US Scrap and Recycling ,,2014 S. Lafayette Blvd - A -1 Auto Parts .399 Gertrude St. - Steve & Genes 2500 Green Tech Dr. - Green Tech 2014 -2016 Washington - US Scrap & Recycling -1420 S. Walnut St. - US Scrap LLC 4`211 °S UpLaInU�,St VJS-S ra etirlc�/�aatfl -Bendti ] W Washington - US Scrap & Recycling Mark Lyons Assistant Zoning Administrator 125 Lafayette Blvd., Suite 100 South Bend, IN 46601 Phone (574) 235 -9554 Fax (574) 235 -5541 (3/5 12009) Winona Hays - Re: License renewals Pag 1 From: David Tungate To: Winona Hays Date: 3/5/2009 6:42 AM Subject: Re: License renewals Ms. Hays - I have no issues with any of the businesses below. I approve their SMD licenses. Dave David Tungate South Bend Water Works Water Works Director 830 North Michigan Street South Bend, IN 46601 (574)235 -5922 (574)235 -5595 fax »> Winona Hays 3/3/2009 2:29 PM >>> Hello David, I must have missed something because you have always responded right away. I've been going through the paperwork looking for responses and I'm missing approvals for: Alternative Two Green Tech Trans Shapiro Sales US Scrap & Bailing Us Scrap 1420, 1700, 1610, and 2014/2016 Steve & Gene's Hope I'm not making you do double work. Thanks for checking, Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 - 235 -5935 whays(asouthbendi n.ci (3/13/2009) Winona Hays - Fv✓d: Re: Business Licenses Page 1 From: Federico Rodriguez To: Winona Hays Date: 3/13/2009 1:29 PM Subject: Fwd: Re: Business Licenses Winona, ** 3700 S. Gertrude and 3109 S. Gertrude both pass inspection 2 -16-09 and were sent back to you. I got a feeling that they might off gone to 12 floor Instead. If you need copy I will send them againl ** 7575 W. Jefferson no such address correct address is 1305 Prairie Ave. ** 1700 and 2014, 2016, W. Washington were inspected 06 -10 -08 and are not due for one year. As of then there were no violations. ** 1610 Circle Dr. also was inspected 06 -10 -08 and due again in June 09, no violations. ** N. Bendix Dr., W. Sample St, and N. Sheridan I will find out from inspectors next week'on progress of inspections. - ** I would also like to meet with you to explain how we do our inspections and how we approve or dined an application. If you would like to meet the Inspectors and ask them questions we meet on the last Tuesday of the Month at 0800 hrs. Thanks and have a good dayl Federico "Chico" Rodriguez Assistant Chief Fire Prevention South Bend Fire Dept. 1222 S. Michigan Street South Bend,In. 574 -235- 7564(0) 574 - 235- 9305(F) frodrigu southbendin.gov >>> Winona Hays 3/11/2009 3:44 PM >>> Gertrude St. Metal - 3700 S. Gertrude St. Omnisource Corp. - 7575 W. Jefferson Blvd. Schrock Aggregate - N. Bendix Dr Shapiro Sales - 2920 W. Sample St. Steve & Gene's - 3109 Gertrude St. Treadstone U-C - 445 N. Sheridan St. US Scrap - 1700 - 1700 W. Washington US Scrap -1610 -1610 Circle Dr. US Scrap - 2014/2016- 2014/2016 W. Washington Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 -235 -5935 what's southbendin.ci >>> Federico Rodriguez 3/1112009 2 :57 PM >>> Could you please give us some addresses because that is the way we file our records. It makes it easy to check if the application have been sent back to you or not. Federico "Chico" Rodriguez Assistant Chief Fire Prevention South Bend Fire Dept. 1222 S. Michigan Street South Bend,In. 574- 235 - 7564(0) 574 - 235 - 93050 frodriqu southbendin.gov >>> Winona Hays 3111/2009 12:34 PM >>> Hello, (3/13/2009) Winona Hays - Fwd: Re: Business Licenses Page 2 I just completed an audit of the BL flies and I'm missing approval /denial statements from the fire dept. on these companies: Gertrude St. Metal Omnisource Corp. Schrock Aggregate Shapiro Sales Steve & Gene's Treadstone LLC US Scrap -1700 US Scrap -1610 US Scrap - 2014/2016 I am trying to have a licenses completed and issued by the end of March, please let me know if you need any of the paperwork resent. Thank you, Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574 -235 -5935 whaysCcbsouthbendin.gov Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com /areaplan Fax 574 235 -9813 March 18, 2009 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 PI), oL61- RE: A proposed ordinance of Yakira Mcleod & Sheila Stroud to zone from SF2 Single Family and Two Family District to MU Mixed Use District, property located at 2013 Ford Street, City of South Bend, as tabled - APC# 2496 -08 Dear Council Members: I hereby Certify that the above referenced ordinance of Yakira Mcleod & Sheila Stroud was legally advertised on Thursday, February 5, 2009 and that the Area Plan Commission at its public hearing on Tuesday, March 17, 2009 took the following action: Upon a motion by John McNamara, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance of Yakira Mcleod & Sheila Stroud to zone from SF2 Single Family and Two Family District to MU Mixed Use District, property located at 2013 Ford Street, City of South Bend is sent to the Common Council with a favorable recommendation. The commission would not normally support Mixed Use zoning in the middle of a residential area. However, in this case, the commercial building exists and there is mixed use zoning throughout the area. The conversion of this building to a residential use could be difficult and the building is still desirable for a small, neighborhood oriented business. The rezoning could result in a positive investment in 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, 40!_j Byo i _ tA" I JWB.jsc Attachment CC: Yakira Mcleod & Sheila Stroud James Kowalski Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2496 -08 Owner: Yakira Mcleod & Sheila Stroud Location: 2013 Ford Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF2 Single Family and Two Family District to MU Mixed Use District to allow a convenience store. Land Uses and Zoning: On site: On site is a commercial building on the same lot as a home and detached garage. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east is a vacant lot and single family homes zoned SF2 Single Family and Two Family District. South: To the south are single family homes and a parking lot zoned SF2 Single Family and Two Family District. West: Directly to the west is the single family home and garage on the same lot. To the west across Warren Street is the South Bend Democratic Club zoned MU Mixed Use District. District uses and development standards: The MU Mixed Use District is established to promote the development of the a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed -use buildings. The development standards in this district are designed to: encourage a pedestrian oriented design throughout the district; and, maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. Site plan description: The area to be rezoned is 1,559 square feet. There is one existing 836 square foot building which takes up 53.6% of the site. The two parking spaces provided consist of 475 square feet or 30.5% of the site. There is 248 square feet or 15.9% open space. The access is from Ford Street. Zoning and land use history & trends: Prior to the adoption of the current zoning ordinance and map, this property was .zoned C Commercial. Traffic and transportation considerations: Both Ford Street and Warren Street have two lanes each. Additional information: (Agency comments) The City's Community Development Department has expressed some concerns about the proposed rezoning, noting the City Plan calls for this area to be medium density residential. The Department does recognize that the existing structure was built as a commercial structure and that there are Mixed Use zoned structures sprinkled throughout the area, and therefore indicates that the rezoning may be acceptable if only the eastern feet (the actual building) is rezoned. The City Engineer has an unfavorable recommendation because the parking area will require that vehicles back into Ford Street at an intersection. Yakira Mcleod & Sheila Stroud #2496 -08 Page 1 of 1 5 Criteria (per IC 36 -7 -4 -603): 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan, November 2006 In favor: ED 1.2 Encourage reuses of abandoned'and underutilized land and structures. ED 7.1 Partner with and support the efforts of community, neighborhood, faith - based, and business organizations to stimulate neighborhood -based businesses. Land Use Plan: The site under rezoning is listed at medium density residential, but there are mixed use land uses identified to the west and the southeast. 2. Current conditions and character: The area is a single family neighborhood, however, there are several non - residential uses and zoning districts within a one block radius of the site. 3. Most desirable use: The most desirable use is to allow the adaptive reuse of an existing commercial structure. 4. Conservation of property values: The surrounding property value may be negatively affected by commercial but could also be negatively affected by a deteriorating building. 5. Responsible development and growth: It is responsible development and growth to allow the adaptive reuse of an existing commercial building. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: The staff would not normally support Mixed Use zoning in the middle of a residential area .However, in this case, the commercial building exists and there is mixed use zoning throughout the area. The conversion of this building to a residential use could be difficult and the building is still desirable for a small, neighborhood oriented business. The rezoning could result in a positive investment in the neighborhood. Yakira Mcleod & Sheila Stroud #2496 -08 Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2013 FORD ST., SOUTH BEND, IN 46619, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The current zoning is SF2. The new zoning will be MU. The reason for the zone change request is that we want to establish a convenience store for the local community; easy and convenient to travel to and buy snacks, pay a bill or even get a home cooked meal for carry out. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is 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: Commonly know as 2013 Ford St. South Bend, IN 46619. Legal Description: Commencing at the southeast corner of Lot #252 of Summit Place 2 nd Addition Subdivision; thence west 50'+/-; thence north 19' + / -; thence east 21' + / -; thence north 21' + / -; thence east 29' + / -; thence south 40' +/- to the point of beginning. be and the same is hereby established as MU Mixed Use District SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. 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 , 2 , at o'clock . M. City Clerk Approved and signed by me on the 2 , at o'clock . M. day of Mayor, City of South Bend, Indiana 1 st READING PU6LIC HEARIR(G 3 rd READING NOT APPROVED REFERRED. PASSED FilEli d In ClOrk'r 0111ce JO;iN 0 SEND,IN. CITY CLERK, Date Filed Application No. Date received by the Area Plan Commission 12 -12 -08 I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 2013 Ford St. South Bend, IN 46619 2) Name and address of property owner(s) of the petition site: Yakira Mcleod / Shelia Stroud 1134 Beale St. South Bend, IN 46616 / 1746 N. Olive St. South Bend, IN 46628 3) Name and address of contingent purchaser(s), if applicable: 4) It is desired and requested that this property be rezoned from: S172 Single Family and Two Family District to: MU Mixed Use District 5) This rezoning is requested to allow the following use(s): We are seeking to establish a local convenience store, that is easy to travel to and convenient for the community. 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed in 8`/2' x 11" format. L E DEC 12 2000 PETITION PREPARED BY: Pi O ('GjVUSS10 "' CONTACT PERSON: (If different) Yakira Mcleod, 1134 Beale St., 574- 5SA -S�7 314-0016. 1 File In Cla rk's Office F E 8 1 3 2009 JOHN VOORDE CITY CLERK, $0. SEND, IN. Filed In Clark's Office D IC 1 2 2008 JOHN VOORDE CITY CLERK, $0. FEND, IN. Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com /areaplan Fax 574 235 -9813 March 18, 2009 t l The Honorable Council of the Ci ty of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of Elizabeth Lauber to zone from MU Mixed Use District to SF2 Single Family and Two Family District, property located at 1032 Wayne Street, City of South Bend - APC# 2500 -09 Dear Council Members: I hereby Certify that the above referenced ordinance of Elizabeth Lauber was legally advertised on Thursday, March 5, 2009 and that the Area Plan Commission at its public hearing on Tuesday, March 17, 2009 took the following action: Upon a motion by John DeLee, being seconded by Barrett Berry and unanimously carried, the proposed ordinance of Elizabeth Lauber to zone from MU Mixed Use District to SF2 Single Family and Two Family District, property located at 1032 Wayne Street, City of South Bend is sent to the Common Council with a favorable recommendation. Although the ground floor was a doctor's office, it has been vacant for many years. The conversion of this structure to a home would be as asset to 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, W ) 49tvuc ohn W. BybYhi JWB.jsc Attachment Elizabeth Lauber Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2500 -09 Owner: Elizabeth Lauber Location: 1032 Wayne Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to S172 Single Family and Two Family District to allow Residential property. Land Uses and Zoning: On site: On site is a former doctor's office with a second floor apartment. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east across Eddy are single family homes zoned SFl Single Family and Two Family District. South: To the south is an accountant's office zoned MU Mixed Use District. West: To the west are single family homes zoned SF2 Single Family and Two Family District. District uses and development standards: The SF2 District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities (e.g., public water, public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for development within this district. Site plan description: A site plan is not required. Zoning and land use history & trends: The majority of the properties on the west side of Eddy Street between Jefferson and South Street were zoned MU in 2004 to reflect the mix of existing uses. There have been no rezonings in the immediate area since then. Traffic and transportation considerations: To the east, Eddy Street (State Road 23) a four lane street. To the north, Wayne Street is two lanes. Additional information: (Agency comments) The Staff received a letter from the Howard Park Neighborhood Association. They support the rezoning to single family. They would be less supportive of a two family dwelling, or a house where more than two unrelated persons reside. A Special Exception would be required for this structure to be converted to a duplex. A duplex would be allowed under the current zoning. 5 Criteria (per IC 36 -74-603): 1. Comprehensive Plan: Policy Plan: Objective H 2: Maintain South Bend's housing stock in good condition. Elizabeth Lauber #2500 -09 Page 1 of 1 2. Current conditions and character: Wayne Street to the west is primarily a single family neighborhood, and in part of the Howard Park/East Race Neighborhood Association and Howard Park National Register Historic District. To the east, Wayne Street is a single family neighborhood in the East Wayne Street Historical District. Small office uses front on Eddy Street/State Road 23 to the south. 3. Most desirable use: The most desirable use is a single family home or an office 4. Conservation of property values: This rezoning will not affect surrounding property values. 5. Responsible development and growth: . It is responsible development and growth to allow a former office to be converted back to the original use of the property which was single family. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: Although the ground floor was a doctor's office, it has been vacant for many years. The conversion of this structure to a home would be as asset to the neighborhood. Elizabeth Lauber #2500 -09 Page 2 of 2 m Wayne SF1 Quimby Rezoning from: "MU" MIXED USE DISTRICT "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT Z_ oning Key SOUTH BEND "SF1" SINGLE FAMILY & TWO FAMILY DISTRICT SOUTH BEND "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT SOUTH BEND "OB" OFFICE BUFFER DISTRICT SOUTH BEND "MU" MIXED USE DISTRICT 1 inch equals 50 feet APC # 2500 -09 Howard Park Neighborhood Association, Inc. 1006 E. Wayne Street South Bend, Indiana 46617 Date: 22 February 2009 To: Christa Nayder, Area Plan Commission of St. Joseph County Re: 1032 E. Wayne St. Rezoning from: MU Mixed Use District To: SF2 Single Family and Two Family District APC #2500 -09 The Howard Park Neighborhood Assoc VP, Philip Schatz, has made several unsuccessful attempts to contact Ms. Lauber concerning the request to rezone the property.at 1032 Wayne. Without knowing what the intentions are for the property, we can only comment on what we would like to see happen to the property as it might relate to our vision of our neighborhood. HPNA would support the property returning to Single Family Housing (owner occupied). The property has been, for the most part, vacant and minim ally kept up since 1996. The concern would be if this became a boarding house. We would also support Two Family District but with less enthusiasm. The concern would be if the two apartments became student housing or game day rentals without respect to the ordinance of not more than two unrelated. The Howard Park Neighborhood strongly supports Single Family Housing and this opportunity to comment on potential change. ands, C"t' Martha Lewis President, Howard Park Neighborhood Association, Inc. FEB G 3 'LZ'J5 AREA PLA COMu-1.&- ­,-,.,: ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1032 WAYNE, COUNCILMANIC DISTRICT #4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The property is currently zoned MU Mixed Use District. The property is currently vacant. The request is for it to be changed to S1 Single Family and Two Family District for use as a residential property. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is 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 1, LISTERS SUBDIVISION OF COTTRELL'S LARGE LOT 23 be and the same is hereby established as SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. 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 _ 2004, at o'clock m. City Clerk Approved and signed by me on the day of , 2004, at o'clock m. Mayor of the City of South Bend, Indiana 9 st READING 2-9-Q 1 i 'JL'L!C HEARING ? rd READING 'OT APPROVED "ERRED -.SSED Fife In offi JAN 2 9 2009 J01 'VOQRr'E CITY CLERK, 00. BEND IN. Date Filed Date received by the Area Plan Commission Application N I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 1032 WAYNE, SOUTH BEND, IN 2) Name and address of property owner(s) of the petition site: ELIZABETH LAUBER 51387 PORTAGE ROAD SOUTH BEND, IN 46628 3) Name and address of contingent purchaser(s), if applicable: N/A 4) It is desired and requested that this property be rezoned from MU MIXED USE DISTRICT to SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT 5) This rezoning is requested to allow the following use(s): 6) Attached is a copy of (a) legal description of the property; (b) a statement of purpose and intent; (c) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property (e) a location map, if available, drawn to scale, which includes street names, printed in 8' /z" x 11" format. PETITION PREPARED BY: ELIZABETH LAUBER 51387 PORTAGE ROAD SOUTH BEND, IN 46628 574- 277 -8063 Signature(s) of All Property owner(s) or Attorney for all property Owner(s) CONTACT PERSON: (If different) In Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com /areaplan Fax 574 235 -9813 March 18, 2009 P o, ` � The Honorable Council of the City of L ( �J S South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of Bette Calderone, Brune Cutugno, Marjorie O'Leary, Louis Johannesen, Edward Johnson, Vernon Johnson and Cheryll Boren to zone from SF Single Family and Two Family District to O Office District, property located at 1147, 1151, 1205 N. Hickory Road, City of South Bend - APC# 2503 -09 Dear Council Members: I hereby Certify that the above referenced ordinance of was Bette Calderone, Brune Cutugno, Marjorie O'Leary; Louis Johannesen, Edward Johnson, Johnson and Cheryll Borert legally advertised on Thursday, March 5, 2009 and that the Area Plan Commission at its public hearing on Tuesday, March 17, 2009 took the following action: Upon a motion by John DeLee, being seconded by Dan Brewer and unanimously carried, the proposed ordinance of Bette Calderone; Brune Cutugno, Marjorie O'Leary, Louis Johannesen, Edward Johnson, Vernon Johnson and Cheryll Boren to zone from SF Single Family and Two Family District to O Office District, property located at 1147, 1151, 1205 N. Hickory Road, City of South Bend is sent to the Common Council with a favorable recommendation. The development pattern along Hickory Road has been primarily professional office uses, with some limited commercial uses. The three properties combined are large enough to provide at least two small office uses if redeveloped, and still be able to provide the necessary buffering to the adjacent residential 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, f r ""I Attachment CC: Bette Calderone, Brune Cutugno, Marjorie O'Leary, Louis Johannesen, Edward Johnson, Vernon Johnson and Cheryll Boren Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Resort APC # 2503 -09 Owner: Bette Calderone Location: 1147, 1151, 1205 N. Hickory Road Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SFl Single Family and Two Family District to O Office District to allow offices. Land Uses and Zoning: On site: On site are three single family homes. North: To the north are single family homes zoned. SF Single Family and Two Family District. East: To the east is a dentist office zoned C -6 Linear Office Commercial (Mishawaka). South: To the south is a physical therapy facility zoned O Office District. West: To the west are single family homes zoned SF 1 Single Family and Two Family District. District uses and development standards: The O — Office District is established to promote the development of. general office uses and complexes; professional health care uses and complexes; litnited public and semi- publib. uses; and, other uses, which are generally compatible in, physical', appearance and service requirements to office uses. The potential for the development of multifamily dwellings is also provided. The O District is intended for areas with easy access and high visibility from primary transportation routes. Site plan desc}•iption: The site consists of three separate lots. The southerm lot has a 986 square foot home and a 364 square foot detached garage. Four parking spaces are provided. .The middle lot has a 1,102 square foot house with a 264 square foot attached garage. Five parking spaces are provided. The northern lot has a 986 square foot house and provides 3 parking spaces. Each of the three lots has access from Hickory Road. The total area of the site to be rezoned is 40,000 square feet. All buildings combined are 3,702 square feet or 9% of the site. The 12 parking spaces total 11,010 square feet of paved surface or 28 %. The remaining 25,288 square feet or 63% will be open space. Zoning and land use history & trends: j fn 1994,. the property to the south was rezone& to' B' Multifaimlyl'Di § tricf'for'a physieal`thdrapy clinic. In 1997, the properties south to Corby Blvd were rezoned to the PHC Professional Health Care District for office uses. All properties south of the site to Corby Blvd are now zoned O • Office District as of May 7, 2004. The property at the northeast corner of Hickory and Catalpa was rezoned to O Office District for a dentist office in 1989. It has since been annexed into Mishawaka. Traffic and transportation considerations: Hickory-Road is a four lane road. Catalpa Street is a two lane road with a landscaped median in the middle. There is a traffic signal at the intersection of Hickory Road and Catalpa Street. Bette Calderone 92503 -09 Page 1 of 1 5 Criteria (per IC 36 -7 -4 -603): 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan, November 2005 LU 5.5. Incorporate adjacent municipalities' future plans when conducting land use and transportation planning along the city's edges. Land Use Plan: The Land Use Map identified these lots as Mixed Use. The proposal is in conformance with both the Policy Plan and the Land Use Plan. 2. Current conditions and character: The Hickory Road corridor from Corby Blvd north to the site contains small office uses, with single family homes bordering them to the west. There is a dentist office at the northeast comer of Hickory Road and Catalpa Street. Another non - residential use at the southeast corner of Hickory Road and Catalpa Street is under construction. 3. Most desirable use: The most desirable use is to have small office uses similar to the ones to the south_and to the east or for the area to remain residential. 4. Conservation of property values: The surrounding property values may be negatively affected. 5. - Responsible development and growth: It is responsible development and growth to allow the logical progression of Fhe O Office District to the north: Recommendation: Based on information available prior to the public hearing, the staff recom_ mends that the petition be sent to the Common Council with a favorable recommendation. Analysis: The development pattem along Hickory Road has been primarily professional office uses, with some limited commercial uses. The three properties combined are large enough to provide at least two small office uses if redeveloped, and still be able to provide the necessary buffering to the adjacent residential neighborhood. z i i Bette Calderone #2503 -09 Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1147 N. HICKORY RD., 1151 N. HICKORY RD., AND 1205 N. HICKORY RD., COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The purpose and intent of the change of zoning is to bring the property in better compliance with the uses and zoning of the surrounding property, and to allow commercial use of the property as allowed by the classification of Office District. It is now SF1 zoning, but is no longer suited to that classification due to area development. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is 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: 1147 N. Hickory Rd. — 65'S Side Lot 632 - McKinley Terrace — Sec B 1151 N. Hickory Rd. — S 40' Lot 633 & N 35' Lot 632 McKinley Terrace — Sec. B 1205 N. Hickory Rd. — N 60' Lot 633 - McKinley Terrace — Sec. B be and the same is hereby established as O Office District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. 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 , 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 Filed In Clerk's Office FEB 2 6 K009 JUN V u ,R4E CITV CLE- , F-C.. �E�ND,1r1. Date Filed Application No. Date received by the Area Plan Commision We the undersigned make application to the Common Council of the City of South Bend, IN to amend the zoning ordinance as herein requested. The property to be rezoned is located at: 1147 N. Hickory Road South Bend, IN 1151 N. Hickory Road South Bend, IN 1205 N. Hickory Road South Bend, IN Names and address of property owners of the petition site: 1147 N. Hickory Rd. Bruno Cutugno 1147 N. Hickory Rd South Bend, IN 46615 (574) 532 -3758 1151 N. Hickory Rd. Marjorie O'Leary 313 Eunice Dr. South Bend, IN 46615 (574) 251 -0182 Bette Calderone 202 W. Broadway Mishawaka, IN 46545 (574) 255 -0040 Louise Johannesen 844 S. 24th St. South Bend, IN 46615 (574) 233 -7109 Edward Johnson 7130 Hawaii Kai Dr. 108Honolulu, HI 96825 (808)394 -2762 Vernon Johnson 14701 178th Ave Grand Haven, MI 49417 (616)846 -9046 1205 N. Hickory Rd. Cheryll Boren 1205 N. Hickory Rd. South Bend, IN 46615 (574) 234 -6431 It is desired and requested that this property be rezoned from SF1 to Office District. This rezoning is requested to allow the following uses: office use approved within and meeting regulations of zoning description. Attached is a copy of (a) legal description of the property (b)Seventeen(17) preliminary site plans (c) a statement of purpose and intent, (d) a list of names and addresses for all property owners and the tax key numbers for all properties within 300 feet of the petition property (f) a location map, including street names. ;;f �� , '7F/1kc-&� /--4otur� \, �V i "/lam Petition prepare6 by: Bette Calderone 202 W. Broadway Mishawaka, IN 46545 Betteanna @sbcglobal.net ; (574) 255 -0040 Office 4 LUU9 cirf cl.C>; s o, Ki;�, X51. Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235 - 9571 www. stjosephcountyindiana .com /areaplan Fax 574 235 - 9813 March 18, 2009 n The Honorable Council of the City of & P South Bend I 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance initiated by the Area Plan Commission to amend the zoning ordinance of the City of South Bend, to define the Board of Zoning Appeals as the Area Board of Zoning Appeals. - APC# 2504 -09 Dear Council Members: I hereby Certify that the above referenced ordinance of was legally advertised on and that the Area Plan Commission at its public hearing on Tuesday, March 17, 2009 took the following action: Upon a motion by John McNamara, being seconded by Dan Brewer and unanimously carried, the proposed ordinance initiated by the Area Plan Commission to amend the zoning ordinance of the City of South Bend, to defuse the Board of Zonirtg Appeals as the Area Board of Zoning Appeals is sent to the Common Council with a favorable recommendation. By having one Board of Zoning Appeals it will reduce duplication of filing dates, meeting dates, etc. The effective date of May 22, 2009 will allow time for the City to transition to the Area Board of Zoning Appeals with minimal inconvenience to the public. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. 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 0% date to be made a part of this report. Sincerely, (�tohn W. Byorni JWB:sr Attachment Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2504 -09 Owner: APC initiated Location: Text Jurisdiction: City of South Bend Requested Action: A proposed ordinance initiated by the Area Plan Commission to amend the zoning ordinance of the City of South Bend, to define the Board of Zoning Appeals as the Area Board of Zoning Appeals. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: By having one Board of Zoning Appeals, it will reduce the number of filing dates, meeting dates, etc. The effective date of May 22, 2009 will allow time for the City to transition to the Area Board of Zoning Appeals with minimal inconvenience to the public. . #2504 -09 Page 1 of 1 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE: AMENDING ARTICLE 11— DEFINITIONS TO DEFINE THE BOARD OF ZONING APPEALS AS THE AREA BOARD OF ZONING APPEALS AND THERE BY ESTABLISHING THE AREA BOARD OF ZONING APPEALS AS THE BOARD OF ZONING APPEALS FOR THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on May 7, 2004. The ordinance allowed for the continued existence of the City Board of Zoning Appeals. Now, in an effort to reduce duplicate services and still provide the needed services to City residents, the City, already a member of the Area Plan Commission, desires to join the Area Board of Zoning Appeals. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, zoning, of the South Bend Municipal Code, Article 11 Definitions, Section 21 -11.02 Definitions, is hereby amended as follows: Board of Zoning Appeals: The munieipal Board of Z " Appeals h `' al l real A w ith th Gi of S B a L na The Area Board of Zoning Appeal of St. Joseph County, Indiana. Section H. This Ordinance shall be in full force and effect on May 22, 2009 and after its passage by the Common Council and approval by the Mayor. 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 , 2009, at o'clock m. City Clerk Approved and signed by me on the day of o'clock m. 2009, at Mayor of the City of South Bend, Indiana 1 st READING Z—L3 — ° PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED 1) PASSED Filed In Glerlc'e Glflce F EB 1 8 2009 JpYN VQpRDE CIT`(