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HomeMy WebLinkAbout04-13-09 Common Council Meeting Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, APRIL 13, 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 09-29 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING THE "PRIDE OF SOUTH BEND" THE WASHINGTON HIGH SCHOOL GIRLS LADY PANTHERS BASKETBALL TEAM FOR BEING THE RUNNERS-UP IN THE IHSAA CLASS 4A GIRLS BASKETBALL IN THE STATE OF INDIANA 09-30 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING WASHINGTON HIGH SCHOOL SENIOR SKYLAR DIGGINS FOR EARNING THE MOST PRESTIGIOUS NATIONAL AWARD IN HIGH SCHOOL BASKETBALL, THE NAISMITH TROPHY AND FOR EARNING MANY OTHER HONORS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. O1-09 PUBLIC HEARING ON A BILL 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 07-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1032 WAYNE STREET, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 08-09 PUBLIC HEARING ON A BILL .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 15-09 PUBLIC HEARING ON A BILL 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 THEREBY ESTABLISHING THE AREA BOARD OF ZONING APPEALS AS THE BOARD OF ZONING APPEALS FOK THE CITY OF SOUTH BEND, INDIANA 8. BILLS, THIRD READING BILL N0. TIME: O1-09 THIRD READING ON A BILL 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 07-09 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1032 WAYNE STREET, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 08-09 THIRD READING ON A BILL 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 15-09 THIRD READING ON A BILL 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 THEREBY ESTABLISHING THE AREA BOARD OF ZONING APPEALS AS THE BOARD OF ZONING APPEALS FOR THE CITY OF SOUTH BEND, INDIANA 9. RESOLUTIONS BILL N0. 09-31 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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 09-32 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 445 NORTH SHERIDAN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TREADSTONE, LLC 09-34 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 RTT,T, NO _ 22-09 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT-OF- WAY TO BE VACATED IS DESCRIBED AS THE PORTION OF FRANKLIN STREET RUNNING FROM THE NORTH RIGHT-OF-WAY LINE OF INDIANA AVENUE, NORTH TO THE SOUTH RIGHT-OF-WAY OF STULL STREET, BEING A DISTANCE OF APPROXIMATELY 1324 FEET MORE OR LESS AND A WIDTH OF 57.75 FEET. ALSO TO BE VACATED IS THAT PORTION OF THE RIGHT-OF-WAY OF BROADWAY STREET RUNNING FROM THE EAST RIGHT-OF-WAY LINE OF FRANKLIN STREET, EAST TO THE WEST RIGHT-OF-WAY OF LAFAYETTE BLVD. BEING A DISTANCE OF APPROXIMATELY 340 FEET MORE OR LESS AND A WIDTH OF 74.25 FEET 23-09 FIRST READING ON A BILL P,NIEIQDIiQG THE ZOiJIiQG ORDINANCE FOR PROPERTY LOCATED AT 614 EAST IRELAND RD., COUNCILMANIC DISTRICT 5, IN THE CITY OF SOUTH BEND, INDIANA 24-09 ~ FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO REDUCE 2009 BUDGET APPROPRIATIONS IN THE GENERAL FUND (FUND NO. 101) AND PARKS AND RECREATION FUND (FUND NO. 201) 25-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1,000,000 OUT OF FUND 641 TO PAY COSTS ASSOCIATED WITH CLEANING THE ANAEROBIC DIGESTERS AT THE WASTEWATER TREATMENT PLANT 26-09 FIRST READING ON A BILL OF THE COMMON .COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $4,098,521 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE NEIGHBORHOOD STABILIZATION PROGRAM FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING, MARCH 1, 2009, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 27-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 6, SECTION 6- 26.4(c), LOW VOLTAGE PERMIT FEES, OF THE. SOUTH BEND MUNICIPAL CODE 28-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CREATING A NEW POLICE TAKE HOME VEHICLE FUND #278 29-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED USER FEES FOR SPECIAL PUBLIC SAFETY SERVICES PROVIDED BY THE SOUTH BEND POLICE DEPARTMENT ll. UNFINISHED BUSINESS A. REPORTS FROM BOARD OF ZONING APPEALS 1. BILL N0. 09-33 - SPECIAL EXCEPTION - 445 S. MEADE STREET 12. NEW BUSINESS 13: PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: RESOLUTION NO. A RESOLUTION OF THE COMIVION COUNCiZ OF TH H, CTT"i' OF SOUTIi BEL~TD, IlYDIANA, PUBLICLY HONORING THE "PRIDE OF SOUTH BEND", THE WASHINGTON HIGH SCHOOL GH2LS LADY PANTHERS BASKETBALL TEAM FOR BEING THE RUNNERS-UP IN THE IHSAA CLASS 4A GHtLS BASKETBALL IN THE STATE OF IlVDIANA G~aa, the Common Council of the City of South Bend, Indiana, notes that before a crowd of 13,449 at Lucas Oil Stadium in downtown Indianapolis on Saturday, March 7, 2009, the Washington High School Girls Lady Panthers Basketball Team, ranked # 1 in the, nation by ESPN Rise with a record of 26-0, battled the # 2 nationally ranked Ben Davis Girls Basketball Team; and ~/~eaa, iti this battle of national high school powerhouses, which is a great reflection of the many talented Indiana student-athletes, in a showdown which truly lived up to its billing as a "national championship", ended with agame-~~r n~n?ng basket with only 1.4 seconds left by the Ben Davis Giants to give them their first undefeated season since 2000; and ~ir~eaa, the South Bend Common Council notes that Washington High School is guided by Principal George McCullough, with Teresa Phillips and Byron Sanders serving as the Assistant Principals, and they, along with their dedicated teachers "provide all students with a diverse, challenging, and enriching education that fosters accountability, respect, and lifelong learning"; and ~/uiveaa, the Common Council would ~ike to publicly recognize that the entire Washington Fligh School Lady Panthers Basketball Team who have a team GPA of 3.0. The Council is especially proud to acknowledge each of these student-athletes and their hard-working staff of the 2008-2009 Washington Eig1: School Varsity Girls Basketball Team, namely: 1 Karin Phillips 5 Terran Scott 32 Takoia Larry 2 Shareita Patton 10 Porscha Hill ~ 33 Brytney Bennett 3 Jazmine Watson 14 Avante Newsome-Gunn 50 Jasmine Watson 4 Skylar Diggins 21 Alandrea Pfeifer-Nailon 55 Rakeesha Lane Maurice Scott, Coach Marilyn Coddens, AD `',~ae, the Common Council further recognizes that the long and rich tradition of training talented student-athletes in life skills at Washington High School is embodied in the Lady Panthcrs bcing runners-up in 2006-2007 school year, being the Indiana State Champions in the 2007-2008 school year; and this year being the IHSAA Class 4A runners-up. C~/Va,,rs, C-~l~P~i~e Ge itxeaoGr,Q,d, by the Common Council of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council congratulates each & every student-athlete and the entire staff of THE 200&2009 WASHINGTON ffiGH SCHOOL GHiLS LADY PANTHERS BASKETBALL TEAM for being the runners-up in this year's 4-A Indiana State Basketball Championship, and for their most memorable 26-1 basketball season. Section II. The South Bend Common Council believes that the hard-work, discipline, talent and dedication of each of the student-athletes of the 2008-2009 Washington Sigl: School Varsity Girls Basketball Team: has enabled each of them to be excellent role models for youth in our city. Each Lady Panther team member has brought the highest of honors to herself, her family and friends, Washington High School, the South Bend Community School Corporation and all of the residents of the City of South Bend, Indiana. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council appr the o Derek i Oliver J. Davis, 6 District Henry D is, is is Timothy A. Rouse, At Large Thomas LaFountain, 3`° District Ann Puzzello, 4 District Dr. David Vamer, 5`° District c~R G• John oorde, City Cler .<~ .: Al "Buddy" Kirsits, At Large Kare L. White, At Large ~~ C;~ ~ ~$ Kathleen Cekanski-Farrand, Council Attorney ~'~~~ -~ ~ e~l~, zoos Stephen J. Luecke, Mayor RESOLUTION NO. f~.~ ~~~~ ~~ ~ ~~`'~ ....~~ A RESOLUTION OF THE COMIVION COUNCII. OF THE CITY OF SOUTH BEND, IlVDIANA, PUBLICLY HONORING WASHINGTON HIGH SCHOOL SENIOR SKYLAR DIGGINS FOR EARNING THE MOST PRESTIGIOUS NATIONAL AWARD IN HIGH SCHOOL BASKETBALL, THE NAISMITH TROPHY AND FOR EARNING MANY OTHER HONORS ~~, the Common Council of the City of South Bend, Indiana, is especially proud to-recognize that Washington High School Senior, Skylar Diggins, a member of the 2008-2009 Washington High School Varsity .~, :. - Girls Basketball Team, has been chosen as the Naismith National High School Player of the Year; and ~G1, the Naismith Trophy was presented to Skylar at a banquet held in Atlanta, Georgia on March 23rd; with this honor being given annually to the top girl and boy high school players and coaches in the country and is the most prestigious national award in high school basketball; and ~1i1, the Common Council further recognizes that Skylar Diggins, an exceptional student-athlete both on and off the basketball court; is rated as the consensus #1 guard in the country; was selected to be a member of the 2009 McDonald's All American Girls .Team and scored agame-high 18 poinfs for the East in the 8~` annual McDonald's All-American Game held in Coral Gables, Florida last week; is the 2009 Indianapolis Star "Indiana Miss Basketball"; is the 2009 Gatorade National Player of the Year; was selected to be a member of the fast-team AP All-State for the 3rd year in a row -being voting in by the most votes among the girls; and ~, the Common Council would especially-like to publicly recognize that as a member of the 26-1 Washington High School Lady Panthers Basketball Team, Skylar Diggins, a 5-10 senior, averaged astate- best 29 points, 6.3 rebounds, 6.2 assists, 5.4 steals and 2.2 blocked shots during her senior year; and finished her high school career with 2,790 points, thud all-time in Indiana state history; and ~, Skylar Diggins maintains a 3.91 grade point average; is a member of the National Honor Society; led the Washington Lady Panthers to a 102-7 mark in her high school basketball career, and plans to major in Pre-Med at the University of Notre Dame and ultimately wants to become an orthopedic surgeon. ~Y~ ~ ~ ~C,~/.red, by the Common Council of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council congratulates SKYLAR DIGGINS, for winning the Naismith National High School Player of the Year; the Gatorade National Player of the Year; the MaxPreps Girls Basketball Player of the Year and many other honors during her senior year as a member of the 2008-2009 Washington Higlt School Varsity Girls Basketball Team. Section II. The Common Council is especially impressed by how humble and gracious Skylar is, as epitomized by her comment that "All of these awards I've received have been overwhelming. None of these individual honors would have been possible without all of my teammates. I've played on great teams at Washington and with great players. This is not about me...:' Skylar will go on to wear the No. 1 jersey this June to lead Indiana against Kentucky in the All-Star series to be held in Indianapolis and in Louisville. Section II. The South Bend Common Council believes .that the very talented and gifted SKYLAR DIGGINS' great work ethic, discipline, and dedication to her studies and to basketball has enabled her to become a role model on the national stage, and here in her hometown of South Bend. Skylar has brought the highest of honors to herself, her mother Renee Scott, her stepfather Maurice Scott, her father Tige Diggins; her many other family members and friends, Washington High School, and the South Bend Community School Corporation. The residents of the City of South Bend, Indiana are counting the days until they can fill the Joyce Center at the University of Notre and cheer for Skylar as a member of the ND Women's Basketball Team. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Ma ~ r. Derek D. ie D' ~ - Oliver J. Davis, 6 District Henry vis, Drstnct Timothy A. Rouse, At Large Thomas LaFountain, 3` District Al "Buddy" Kirsits, At Large I~ n~ 'te, At arge D Kathleen Cekanski-Farrand, Council Att'y C~~cCed ~iis _ ~ o~~riC, 2009 Stephen J. Luecke, Mayor Ann Puzzello, 4'~ District Area Plan Cotlrlmission 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 ~ ~~~ ,-.~,~.{. (~ t ~ ~- ~ ~ ~ b ~ ~~ South Bend 4th Floor, County-City Building South Bend, IN 46601 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, properly 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, C~!,. U~. v~. ohn W. Byo 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 ReUort AI'C # 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 aze 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 aze 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 aze 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 pazking 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): I. 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 properly 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. Recomffiendation: 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 azea. 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"d 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 Il. 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 ~ - IZ- ~~ 1st P.EAD[NG PU6L!C NEAP,It~(G 3 rd READING NOT AP'?ROY~D. REFERRED PASSED JG!~W ~~0 RBt D, !'~. Gr[Y CiERK, ~1~@t~ ~~"E Ci@Y`k'~ Qr'~~EC@ ~ ~N ~ 0 2CC9 Date Filed Date received by the Area Plan Commission 12-12-OS 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, 1N 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: SF2 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'/z" x 11" format. Application No. x ~ ~~ - Q~Q ~ 2 ZQ~~ x ~~1wA of r.E~l r'`;?~1~1'tlSSlf}a`l ~-- o+.~.,<,~; PETITION PREPARED BY: CONTACT PERSON: (If different) Yakira Mcleod, 1134 Beale St., S 574-5~9-5~~-1" ~il~:~ !l~ ~~~~'~ C~~f~~~ F E B 1 3 20C9 JOf?td VCOFDE CITY CLFt~lt, So. 6'sldD, iN. ~11~~ 1~ l~#~~E"a9e7 ~a~l~® D ~ C 1 2 2008 JAHN ~~D©RDE C17Y CtEFiI{, aC. I~F;VD, tel. ~ro~ Plan Commission ofi S~. Joso~h Coun~.y 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 ~ ~~ ~~ ~ d1 W~~ The Honorable Council of the City 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 amving 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, /~ ~t /John W. B Y 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 ®wner: 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 SF2 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 azea since then. Tratlic 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 36-7-4-603): 1. Comprehensive Plan: Policy Plan: Objective H 2: Maintain South Bend's housing stock in good condition. Y .i ,. ,: 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. lb)[ost 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: Sased 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 } ~ :f.: a 1 `t : K^ +~i a ~ i .: ~tY'~ ~;'~. 'ch`i' ~~,~ ~i~ .~~: ~ OB '~~ ,~ ~ r ~ s _, ,:. ~, z. ,.. r .. a.~: ~~yll~.° SF1 W ~ , ..;.: _ ~." '.h' SF1 j ~ - Y. ~ A -tr ~.! ,.9 °~ lam' yHa!. Vy. `y •a ~y ,~~' ~{ Quimby - Rezoning from: "Q~U" ty9YXED USE DISTRICT "SFZ" SIf~GLE F~i~ILY & Tl~/® F~-f~iILY DISTRICT N Zoning 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 .~~';_tiir.~ W E q -, ~., . ~.~,. i~ t 1 inch equals 50 feet ~~~ g APC # 2500-~9_. - ~;~,, { Howard Park 1~Ieighborhood Association, Inc. 1006 E. Wayne Street South Bend, Indiana 46617 _ r! S ~._ ,w;. t J e• ~~" :W_ ~~ ~~ ~ -.~ ~~~ ~~~~ + +` Cl f K~rli~l t'CC /)f r l l' ~tl, r ~`: .;:' `' .I -. '..1 P 4 f'I ~` .. ,' . is k .i, Date: 22 February 2009 To: Christa Nayder, Y Area Plan Comtnissic~n of St.'Joseph County • Re: 1032 E. Wayne St. . Rezoning from: MU ~Vlixed Use District • - - ; . ~ _ ": To: S~2 Single•Familyand T~vo Fanviy~Distriet ' - - APC #2500-09 ~ . . ` . < . ,. The Howard Park Neighborhood Ash oc VP, -Pluh~ Shatz; has made several unsucc_e'ssful attempts to contact Ms. Lauber con ruing the retest to_rezoneY.h~~property:~at41f}32~ " Wayne. ~ ; tz . r;. .,.:y ^, ~ ., ' 4 ~,~ i v d. ~ 'S-rC .. ... .\ i ... ~). v^''V sue. _ Without, knowing what the intentions are for the property, we can only comment on~what we would like to see happen to ~tha~ propertyas,lt might xelate to onr vision of owr~ z r ; , neighborhood: r • ., ~ ~_} ,~-fi g ~ ~ 13 ~ , t,~ r w ~„~ ~.. ~ ` "K~ w~ s,~ ,~, t ~ ?.. ' t Y , mot. S t C HPNA would support the prop,~ty returning to Single Family Housing (owner occupied). The property has been, for themost:part, vacant-and. minimallykept up ~mce.1996 _, The concern would be if this tiecaine a boarding °~iouse ~,-- _ "=; r • We would also support Two Family. District but Stith" less enthusiasm. 4 '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. a ~ ~ _ ~ ~ ; - The Howard Park Neighborhood strongly supports Single Family Housing.and this" "„ opportunity to comment on potential change. ands, r . _. Martha Lewis President, Howard Park Neighborhood Associafion,' Inc. i ~ i.:,i i .'I~' .f":~' ~ ii: f~.,, ' EEC '~ ~ L~;~S ,AREA t~LAAt CUivu~'si,....~..: i '~ ,~C_ UtJ1 f;Ela ORDINANCE NO. -- AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1032 V6~AYNE, COUNCILIO~TANIC 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 SF2 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: ~ j LOT:1, LISTERS SUBDIVISION OF COTTRELL'S LARGE LOT~23 _ :.. _ - , be and the .same is hereby established as SF2 SINGLE FAMII.Y AND TWO FAMII.Y - DISTRICT -: ... .. SECTION II. ;.This ordinance shall be in full force and effect from and affer_ 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 ? st RE,g,DfNG 2 -~ ~ ~~ ?iJ~!'C t-tEARIPIG 3 r:~ READING 'rJT APPROVE ~'cRRED '~.SSED ~1~~~ ~1~ ~i:~l'i~'a ~~iE~~ JA~d 2 5 2009 d01:Pd Vo:7~CE CITY CLERK, SA.1;wt~D,1~1, 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 properly; (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. r Signature(s) of All Property owner(s) or Attorney for all property Owner(sl PETITION PREPARED BY: CONTACT PERSON: (If different) ELIZABETH LAUBER 51387 PORTAGE ROAD SOUTH BEND, IN 46628 574-277-8063 ~~.~ r~~, ,r~~ . , ~~ ~.; .^~=• CITY Ct,~syt.~~ ... :t•~ - ~~°~~ ~I~n Gol~l~is~ion o~ S~. JoSe~h Go~ln~.y 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 (`~ Q" r'~ The Honorable Council of the City of ~~ ~~ ~ Q ` v U ~~`"`~ 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 SF1 Single Family and Two Family District to O Office District, properly 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 Johnsoti,"Vernon Johnson grid Cheryll Borerf legally advertised on Thursday, March 5, 2009 and that the-Area Plan Corrimissiori at its.pgblic 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 SFl Single Family and Two_Family District fo O Ofrce 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, '~~ Y .~ JWB:sr 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, Osceoia, Roseland and St. Joseph County, Indiana ~ c~ Staff laeuort A]PC # 2503-09 ®wner: Bette Calderone Location: 1147, 1151, 1205 N. Hickory Road Jurisdiction: ~ City of South Bend flZequested Action: The petitioner is requesting a zone change from SF1 Single Family and Two Family District to O Office District to allow offices. Land TJses and Zoning: On site: On site are three single family homes. North: To the north aze single family homes zoned. SF1 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 developiiient of general office uses and complexes; professional health care uses and complexes; tilnited 'public and semi-pub'lib:uses; and,. other. uses, which are generally compatible in.physi~aJ; 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 flan description: ~~ ,-•.r.. , 1 c U;.: +. ~ .,, ~ ;- ; -. .The site consists of three separate lots. The southern, lot -Yia$ a 986 square foot home'and a 364 . '.. ~ square foot detached garage. Four parking spaces are provide~.~ ~ `:The middle lot ~ has a -1,102 square foot house with a 264 squaze 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 azea 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: '• 'i ,, -~:~~.. ~y .~` : -1. °.,~ 1 ~'` , `In~°1994;`the~pruperty to the south was rezoned'tt5' B''Miiltifaiirilyt'Iii'stn~ct`'for~a'phys'iCal`thdrapy clinic. In 1997, the properties south to Corby Blvd were ~rezon~d 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. ~- -4 i. ~~';.. .-. ~ ., .. f. ~. u;~; ., .iii ;. ,,. ., _ 13ette Calderone #2503-09 _ Page 1 of I '[ ~ .; i ~~iie tee+.~~'. ~ ~ ...! ,~ fti . 5 Criteria (peg )(C 3~-'~-~-6®3): 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan, November 2005 LU S.S. Incorporate adjacent municipalities' future plans when conducting land use and transportation planning along the city's edges. ILand 1(Jse 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 ammd 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. host 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 ammd gro~evtla: ~ ~ ~ . It is responsible development and growth to allow the logical progression of~ne~0 Office District to the north: Recommendation: ~ ~ - :. ~ . - ~. ' _,Basecl on information available prior to•the~public hearing, the staffrecom_ m_e_nds.that the petition be 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. f~i `Y.r"e:~d ,{.1:..'if .~h.: ~..-., ~. ! 1 ... .. ;, .. 1 ~: _ ti..> T< •~.i-. 1.. !~~ .. rb. 1 y . Bette Calderone #2503-09 Page 2 of 2 1 ..-- ..~ _..~ OI~D1NAlI~ICE >~O. APB ORDINANCE AltIIE~IDING THE ZOi~ING ORDINAi~ICE FOR PROPERTY LOCATED AT 1147 N. HICKORY RD., 1161 ill. HICKORY RD., Ai~D 1205 int. HICKORY RD., COUIdCILIFfIANIC 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, Cndiana, 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:.,r - . .:~-... 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 2 , at o'clock . m. day of Mayor, City of South Bend, Indiana . . t .__ ~ii~d t~ ~l~~k'~ ~~~€~~ F E B ~ B 2~i'C9 a~~;~a ~J~~~go= crr,r cG~J~, €e. at~~, i~. Date Filed Application N 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. 108Honofufu, Ht 96825 (808)394-2762 Vernon Johnson 14701 178th Ave Grand Haven, MI 49417 (616)846-9046 1205 N. Hickory Rd. Chery11 Boren 1205 N. Hickory Rd. South Bend, 1N 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. ~~ ~~~ ~- .~ .~ ~,. ~ ,~'~" Geis. - > ~G z~~~~ t~ =' t_~ Petition preps by: ~ - Bette Calderone 202 W. Broadway Mishawaka, IN 46545 ~, Betteanna@sbcglobal.net ! (574) 255-0040 '~ - ~i'~ r~ ~j~~~'~ a€"~~'~ O~€c~; ~ ~ - ~ ~L O9 „t:i~li'avi~t4c GiT~ ~LEn~, ~(~. ~:,:tvD, tE~. ~bi^~~ c I~i~l ~.~~1~11~°lE~~~c~i~ ~~~° ~~h;. ~~~~~~(~ ~~l~e~~y 1140 Gounty-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.coin/areaplan Fax 574 235-9813 March 1 ~, 2009 - The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 (~~~~C~~-~~oq 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 define the Board of Zoning 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 -date to be made a part of this report. Sincerely, ~l'ohn w. Byorni JWB:sr Attachment ~~ _ ... -.,,.~ lf. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana 5tagf ~c ort ~pC # 2504-09 ®avner: APC Initiated Location: Text ,j<~nrisdiction: City of South Bend laequested 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. '. bit.. ' ~, .. , .,. , ~ - „ #2504-09 ' Page l of 1 ~----- - Ordinance No. AN ORDINAl®TCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE: AMENDING ARTICLE 11- DEFII~IITIONS 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: ~Eipul-B e-asd-e b ~ °s° °'c~'"" ~ ,.,, •+~, +~, r:+., „~ The Area Board of Zoning Appeals of St Joseph Count~Indiana. Section II. 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 1sr READING 2'Z~-off PUBLIC HEARING 3 rd R€ADING NOT APPROVI~ ~~ Z3`oc~ REFERRED ~'P PASSED -_ ` Fi~~d lrt FEB 1 8 2000 ao~u vaoa~E L~tl ~_~5-~I__ RESOLUTION NO. A RESOLUTION CONFIRNIING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1029 I~OTRE DAME AVEI~T[TE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROBERT D. AND KELLEY S. BRETZ WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated 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 se ., and South Bend Municipal Code Sections 2-76 et seQ., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public .hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and fmds 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 pazcels that aze 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 azea are vacant land; or E. A significant number of dwelling units within the azea aze: 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 aze 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 III. The Common Council also hereby determines and fmds 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. 2 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 N. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et se . SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. '1~~~ ~~ ~ ~~~ { Member of the Common Counc' ~' r Council ~c~a~ on his i~;~#~:r PRESENTED 1 `~ ~ 3'~ ` NOT A,PPRC~`~ED • 3 ~! 9 p ! ~ „ ~,.~~ ~d~l l ~i 1 ~ L'.: J ~r11 ~ zf.CtSS:, ~v. ~tfvt~5 ~DOPT~Q RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS ~~5 rdorth Sheridan Street TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AFIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Treadstone, LLC WHEREAS,` the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly laiown as 445 North Sheridan Street, South Bend, Indiana, and which is more particularly described as foiiows: 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, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. ~: Member of the Common Council C~~~~" t~ ~. ~.~£i~e ~'E~ !~ w~fi~ !;: r;'st3uf,la. c:>~ c~^~;e~~l '~ ~vf ~s~L` fv nLas~ng and Co±~nc~l ~.u~It ~n ~~~ ~~~~, ; PRESENTED ~'"~~~~ b NOT APPRObFD ~D~PTE£~ ~~iAd I~ ~t~~i~'~ ~~~E~~ 1~1AR - 6 2009 ,ICHFl Y~~ FE:~D,1~l. CITY CLr~iK, ~~t~ Na. o~-~`f 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 April 6, 2009 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following. businesses: Steve & Gene's Auto Truck Salvage 3109 Gertrude St. Shapiro Sales 2920 W. Sample Street 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: Steve & Gene's Auto Truck Salvage 3109 Gertrude St. Shapiro Sale 2920 W. Sample Street 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 April 6, 2009. Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. FRESENTED ~ \ 3 -~~ ~1flT APW,~OVED ~ifJOPTED Member of the Common Coun ~i~S~6~~ €~f i:t~ ~»~;~ is €~~a~' i7 +~~.~~.~~~~ ~~7 cPG®rt~rl€~~ fc~ ~lE~;ii•; i~ea~irg and - Ca~nc!! act€~~ ~~ ~@~ l~su~. .5 t ~ - ~~ ~Q09 _ r ~iGi3id Lji;C,CE C;TY f 1...RK, ~o. ~,~~a, try. ®ffiCe ®f the City Clerk John Voorde, City Clerk April 6, 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: Steve & Gene's Auto Truck Salvage 3109 Gertrude St. Shapiro Sales 2920 W. Sample Street 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. 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. Sincerely, - ,~,. t~ V~ vt~t~= Z-x,91 ~.~ ~ Winona Has Y Clerk, Ordinance Violation Bureau ~l{5~.~ ~S: C1F.r i,v~j a LCf ~1F3w 5s APR - 8 ~GC9 455 County-City Buildings .South Bend, Indiana 46601. 574/235-9221 • Fax 574/235-9173 • TDD 574/235-5567 Mary Beth Wisniecvski - JaniceTalboom Winona Hays Chief Deputy Deputy Ordinance Violation Clerk ~~~~ ~~~ ! ICEf~SE APPLICATEOV FOR SCRAB E~iEI'AI~ DEALERS/JUldl~ ®EA~ERS/RECYC~(I~G ®PERATIONS 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 o~~JAP~Qo ~G£S C. Business Address ' ,~.~j ~,~ G~ . ~q.,-y~ ~ ~ ~ ~T'2~T City ~~u-rN l~~D State ~~, Zip ~ G G ( 9 D. Mailing Address (If different from above) City State Zip E. Business Telephone Number ~7~ - a.8 7 - S'5~~.. 'II~ F. Business Fax Number $7~ - ,2 3 3 ^ ~ ~-~-~- `t• G. E-mail Address H. Zoning of proposed location ~•~ ~ - girl Ei2Ff L ~til D U s TiQ. ~ A L I. Lot size of premises ~ $ . ~' Q ~-Ci2t-'S J. Type of fencing used T'~P~ Please Contan::e to :°age 2 (baclz of sheet) - ,.- , :~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 III. PERSONAL DATA ~ ~ ~ . A. Applicant's Legal Name B. Residential Address ~0 City ~~/d IC'~~ ~ State ~- Zip ~(~il~ ~ ~i' C. Residential Telephone Number ~5 1 `'l~ r ~~rJ~~ D. SSN _ _ E. Date of Birth ~2. ~7T~~~ 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 $5.00 PROCESSING FEE VI. AFFIRMATION I, hereby, certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer/Junk Dealer/Recycling Operation/Transfer Station license found in the Ciry of South Bend iviunicipai~Code, Section 4-51. 2- ~ -O9 Date SURYe( PF.EFAREO FOR: SII,+PIRO PF.OPEP.TIES-~FIOWFI4, L! C SURVtf DATE0:9/17/1001 F{LE +: 040369 !$ I ' ,. w . .~,,,,,..,.w+ i,. I ~. .wa a rv ~ w c7~ ~ I ea. n w ~a.nm c wnm,.,. ,,.o aca.w «. ,m. u ,,...r _ I I I i j A n,,..„n, s ~..an ~ I f I e4{3 ..usa w .a n,~ ...,_ M....... n ,......,. t I I ~ ~I I _.._...d .. ..._.. ~ w...a...._ .. ..-,n I f -- =~~~~- ~:~, .>u.~ ~ W.p I I I I I ~~p ~ I I I I I I ~4~a I I I I I I I I ,~ _ ~__ YI~K wa...ve.mw w,w ~ :1L1Aj~ACSPd SURVEY" A PART uF THE 'Nl j < OF THE Ntitil f 4 GF ScC. .5, T. 37N., R. 2£. PORTAGE TO'NNSHIP, CITY OF SOUiTi 2END, ST. JOSEPH COUNTY, INOIAN„ 3. ---- _ --~4 ~'i `~- ` U ~ ~I e:. I \ L_ Ir / SURVEY PARCEL ~ axza=e.sa actvst _ zo~mc~'s' 'r scar r ,a., ...--: ~_....a, % : ~ ... i ~r~.,a.~~~ / i o`g lF°~ Filly ~~plF~ to , . ~ ~ ~ -~\ F,~~O ~~ Noy z a goat ~~~. . ly ~` '~,ocNfl9 PpP ~ ~% ~/~ r \r~~- ~ - _ - ~ _ . ¢ lurW del L_ ~ ~ ......... ~.. m'a a, w..~..'e~"~'o4°...:. ~ u .Yn .na .~..~.+ a...,.. _..., tir ..,~.«. omw,.. ,.,,m ., •.~u ...w,..oen~~ .y. ,., , ~.n. !I _ guy'.' ~y~ +a M »i wm+a 5I .~.o~ ,m,,,,p,,...~~...~,»,4.,,.~.o,p.. 1 yl ,~ _p ~~ m..~vu>.~.~ocrs,..a._s ~.oo ,~. ,~.~. u. w.c o. ,u_w ` m n '..~.° ~,w Ksa ive : ~a..4 ~ x.n wsr cm n r~ •cn a.. v, .m .. n+x r 1' - o.... s.. wa ~a~a ~ ~ ~ ~ ^ a~ ~ f • 9 ru:< of wwa~ ® r ' ..,,.. r a~ -=_=- , •-p { ,, , 1~ ,/ . , ' ' ' y ~~ , ~ L.~'Idi ~'h 1 ~ ~ j ~ ~ i ~'" ~ STA .F /F cy .~ M.1'.i JO I { ~N { { Q to I~JG u r- .o wo Iso ~ 'Y.N.E t' :0' n ro~~m Y E I f 5{ U N R r _ , Hn. 1@ r-r ~ irin~) 0 161 i ~ £1 ;1` ~~~s ?1 2Y ~~. ~ ~. r€ ;_ ~, i~ ~ ~. ~---< 1 (2/4/2009) Winona Hays - Re: SNIJD LICENSE APP'S_ _ ^! _____ _ Page 1 From: Ann-Carol Nash To: Winona Hays Date: 2/4/2009 10:55 AM Subject: Re: SMJD LICENSE APP'S Attachmertt~: Ann-Carol Nash.vcf I would charge it because it was sent in late. Thanks Winona. Ann Carol Nash Assistant Gty Attorney 227 West Jefferson Blvd. Suite 1400 South Bend, IN 46601 telephone 574-235-9241 facsimile 574-235-9892 acnash@southbendin.gov Please consider the environment before printing this message. Thank you. CONFIDEM~IAt1TY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended redpient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return email and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. »> Winona Hays 2/4/2009 10:48 AM »> Ann-Carol, How vigorously to we pursue the late fee when a application is received after the due date? Shapiro Sales submitted their application by mail. The post mark on the ernelope is 2/3/09. Because the 31st fell on a Saturday I realize that the due date would fall on the first business day following, which was Monday the 2nd. Do I charge the 10% late fee should their application be approved? Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 whavs southbendin.gov LICENSE AI~PLICATION FOR SCI~l~P i~lETAL DEALERS/JUNK DEALERS/RECYCL[NC ®PERAT[OI~S CITY OF SOUTH BEND, iNDIAI~lA 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 o~f;AP~r~~ ~~S C. BusinessAddresd ,~.~'.~ (,~l .t~Arr;l~[.~' ST'2~T City S'at)-t'N l~~t~ =State _`~(_ N1 Zip ~ la b (~ _ D. Mailing Address (if different from above} City State Zip E. Business Telephone Number _ 5'7~ ~~' 7 - .S"S'S..^``-~ F. Business Fax Number $'~~ .2 3 3 ~ ~-~ "t' G. E-mail Address H. Zoning of proposed location ~ ~ ~£/~IERA- L ~~ib UST~EtA ~ !. Lot size of premises $ ~' S ~- C2 ES J. Type of fencing used ~~_L9. Please Continue to Page 2 (back of sheetf ...; . , .... . ......... ~::` ~ .. ., ... ffice Use.Only For~.O ..:.... • ..:. . ..., . ..... . A 'licat~on Filed. PP .. ~ . : ;:. ....:... .. . :.:..:: W ~ ~ .ater.:WorksApproval ` . .:.::....... ..: Fee Paid Application :: . Police.Dept Appmyat:. ' . to;Dept ~~ :Sent Council'Approval. Common :;:... . ., .. ......:.:.. Rept,:... ~ Fire .. • . .License,~ee Bald ~..~ ... ... . . .. ~':Cod'e: Enforcement ~ 2 - ~ -o~ .. .. . L'icerise Ntamber:< •~ Biildirig Dept ` ~ ` .Not.~Approved ~ ~~ Reason: . t E ~ ^ i i ~ ~y"~ 1 :~~-~ FEB - 9 2609 Jo~Sa ~f~c~~E cwt c~.~r~c, wry. Shapiro Sales, 2920 W. Sample St. (Recommended) Met with Nathan Adamczyk. They do not have video surveillance because they do not deal with any walk up business. They only deal in large quantities (semi-truck size loads). They do keep records of all purchases brought in, and do not deal with transactions under $100 dollars. Schrock Aggregate, 1702 N. Bendiz (Recommended) Met with Dave Majors. Schrock only deals in large amount (truck loads) of gravel, concrete, and sandldirt. They do not deal any scrap metal, or take walk-ups. Therefore they do not have video surveillance of transactions, or keep records of transactions off less than $100. All of their business in contactors, and they keep records of all of their sales to these contactors. (2/23/2009) Winona Hays -Scarp iy1etal Lic ~r®w9: Mark Lyons ~®; Hays, Winona ®ag~; 2/16/2009 7:54 AM ~ubg~e~: 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! Pages ~'r®~: David Tungate Y®: Winona Hays ®at~: 3/5/2009 6:42 AM ~ubj~ct: 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 630 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 wha sasouthbendin.oov (3/13/2009) Winona Hays - Re: SMJD Licenses _ _ __ Page 1 1 From: Stephen Goen To: Winona Hays Date: 3/13/2009 12:58 PM Subject: Re: SMJD Licenses Both are 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 ]oe 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 3/13/2009 10:35 AM »> see attached Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574235-5935 wha +LsC1a southbendin.oov LICENSE APPLICATION FOR SCRAP METAL DEALERS13Ut~K ®EALERS/RECYCLIi~~ Ot'ERAT[ONS CITY OF SOUTH BEND, INDIANA South bend Municipal Code Section 4-51 I. Check .One: NEW ~_RENEWAL 11. BUSINESS DATA A. Type of license applied for: SCRAP METAL DEALER JUNK DEALER -- RECYCLING OPERATION ~ ~. B. Business Name ~~;,~APrea ~G£S C. Business Addresd ~.~' ~ lA1 0~6~ r-- P ~ E .ST2~T City s'~u-ru ~~•~I~ ~ State ~. 1~. Zip ~ la ~ ~ ~ D. Mailing Address (If different from above} City State Zip . E. Business Telephone Number ~7~- - ~8 `r - 5~5.'tS~ - F. Business Fax Number $7~ ~~ 3 3 ~ ~-~ `'~' G. E-mail Address H. Zoning of proposed location ~ ~ ~ ~ gi ~E~2A~ L ~tif D U S T~E.1 A L i. Lot size of premises $ ~' R ~}-C2C'c J. Type of fencing used ~~~ Please Continue to Page 2 (back of sheet) L ICE~~SE APPLICATION FOR SCRAM FETAL ®EALE~S/JUNF~ ®E~L.E~SfI~ECYCLIf~G ®I~E~A°fl®P~S 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 cf JUNK DEALER /RECYCLING OPERATION B. Business Name ~ T`~ ~'~ ~ ~ '~ '~ '~ s %~ ~ ~ ~ - S~ ~ C. Business Address ~ / O % %~ /2T~ t= D ~-- ~ ~ City SO ' ~~ r v~ c~ State f h ~ Zip `-t' ~~ ~• t D. Mailing Address (If different from above) City State Zip c~ E. Business Telephone Number .S 7 ~ '-~ ~- v UG j 5 ~ S'" ~.-- . F. Business Fax Number G. E-mail Address `~ ~ I / f H. Zoning of proposed location G= , `"t"~tc7 `~y ~ ~~ ~ s ~~2 f 2 { ~~ E-t ~ r`/ ~ I. Lot size of premises ~~i!( Y~ C~Z ~~- J. Type of fencing used , C ~~ ~ ~ M ~- l ~~ t~ y ~-~G1 ~- ~ `~ l P{ease Continue to Page 2 (back of sheet) .. ~: ~.Nof~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 III. PERSONAL DATA A. Applicant's Legal Name /~'vt..e~ ~~~`~'~ ~~ B. Residential Address 2, Z ~ S ~ (~a r= ~ ~ © l~l ~'i2 ~ I City ~U , ~ '~v'1 d. State C I~ ~G Zip ~ (v C~ ~ y C. Residential7elephone Number ~ l' ~ ~ ~~•' ~ ~~ - D. SSN E. Date of Birth q " ~ I ~ Z U 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 `~r I, hereby, certify and affirm that all of the information 4 have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in noway 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. ~~ ~^ ~ Signature Date l~ - c Fromm: Mark Lyons Yo: Hays, Winona ®ate: 1/30/2009 10:58 AM ~ubj~ct:. Scrap Metal Lic Approval for the following addresses. X610 ~rcle - US Scrap and Recycling ,,2014 S. Lafayette Blvd - A-1 Auto Parts ,3109 Gertrude St. -Steve & Genes 2500 Green Tech Dr. -Green Tech ;2-014-2016 Washington - US Scrap & Recycling .x:420 5. Walnut St. - US Scrap LLC x-420 S. Walnut St. - US Scrap & Recycling /South Bend ,,x,700 W Washington - US Scrap & Recycling Mark Lyons Assistant Zoning Administrator 125 Lafayette B{vd., Suite 100 South Bend, IN 46601 Phone (574) 235-9554 Fax (574) 235-5541 LICENSE APPLICATION FOR SCt~AF' t:~ETAL ®EALERSlJUNt~ ®EALERSiREC1fCLItVG ®PER~-TiOi~S CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4-51 Check .One: ll. BUSINESS DATA NEW '~ RENEWAL A. Type of license applied for: !f SCRAP METAL DEALER ~"f JUNK DEALER RECYCLING OPERATION B. Business Name ~ ~'~" ~''r~' ~ ~ -` `~ ~ ~ ~'~ `~ r T ~ S~ ?~ C. Business Address ~ f ~ ~ ~"` ~ ~-~~ ` '~ ~ 'f ~ ,c` City SC1 ' f ~ T ~7 ~ Stale ! ~ ~ Zip ~--(~ ~ ~ 7 D. Mailing Address (If different from above} City, State Zip E. Business Telephone Number ~ 7 ~ - Z v~'r~ f S E F. :'usiness Fax Number ~.~ G. E-mail Address ~ t r H. Zoning of proposed location C i `1~~~ `J ~'J`~ t ~d "~ ' ~~ r ~ ~ f~~ ~~ ~' r~~ ~t r I. Lot size of premises t ~ ('~ L ~` ~ "~~ ~~ r.. !~7 J. Type of fencing used C ~? a ~ ~ ~- ~ ~? ~ ~ ~ 1 Please Continue to Page 2 (back of sheet) Reason: (3/5/2009) Winona Hays - Re: License renewals _ ~ Page 1 fir®a~a: David Tungate Yo: 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 wha s o southbendin.aov LICENSE APPLICATION FOR SCRAP 6~IETAL DEALE~SIJU~9K DEALERS/RECYCLING OPEI~ATI®NS CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4-51 Check .One: NEW '~' RENEWAL Il. BUSINESS DATA A. Type of license applied for: SCRAP METAL DEALER `~ JUNK DEALER ECYCLING OPERATION B. Business Name ~ ~-~ G'~~- ~ ~ ~ r•'~ ~ s ,/~ ~ ?o (fe.. S' e"7.'. C. Business Address-~ ~ ~ ~ r % ~ /~-~~ ` ~ ~- ~ f City J D ' ~~ ~ cx ~ Slate ~ Zip ~ ~ '~~ j y D. Mailing Address (If different from above) City ~ State Zip E. Business Telephone Number ~~ 7 ~(- ~ u~'~ /~S (;~ F. Business Fax Number - /.. G. E-mail Address ,~- j [ H. Zoning of proposed location C t '`lT ~{'`~ ~`~y I ~~ `~' ~R ~ ~ ~ f~ ~~ ~ r~~ ~t r I. Lot size of premises +~ ~~~~ C~ ~~. J. Type of fencing used C l) ~ i ~ L- ( ~~ I`" ~ ~"t ~~ ~ `? Please Continue to Page 2 {back of sheet) 3/13/2009 Winona Ha s -Fwd: Re: Business Licenses Page 1 --- ~ y---------------------------------------- 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 day! Federico "Chico" Rodriguez Assistant Chief Fire Prevention South Bend Fre Dept. 1222 S. Michigan Street South Bend,In. 574-235-7564(0) 574-235-9305(F) frodriou@southbendin.oov »> 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 Orcle 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@southbendi n.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) 574-235-4305(F) frodriou@southbendi n.gov »> Winona Hays 3/11/2009 12:34 PM »> Hello, (3/13/2009) Winona Hays -Fwd: Re: Business Licenses 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 whaysCa~southbendin.oov Page 2 (3/13/2009} Winona Hays - Re: SiVlJD Licenses _ J Page i1 L_._ _ ~~®~; Stephen Goen T®: Winona Hays . ®~t~: 3/13/2009 12:58 PM SSaabje~t: Re: SM]D Licenses Both are 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) 235-2538 »> Winona Hays 3/13/2009 10:35 AM »> see attached Winona Hays Clerk, OVB 227 W. Jefferson Blvd. 12m 455 South Bend, IN 46601 574-235-5935 whavs@southbendin.aov (3/13/2009) Winona Hays - Steve ~ Gene's.pdf ~ ___ ____ Page 1 ~ LICENSE APPLICATION FOR SCRAP le/IIETAL DEALERS/JUN6C 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 ~RECYCLINTG OPERATION B. Business Name S I `~' L~~/-~ ~ "~ "~ ~ S ~~~T T ~ S~ ~ r - C. business Address ~ 1/ ~ 1 L s ~ ~-T~ ~ y 't- ~ T City Sn ' l~ ~ s, d State ~ h ~ Zip t-1 b ~ f'~f D. Mailing Address (If different from above) City State Zip E. Business Telephone Number .5 7 Y ~ ~ ~'~ l5`~ F. Business Fax Number ~. _ G. E-mail Address r~~ / H. Zoning of proposed location C, l-t• C.z7 c~ y I vt~ .i s ~~e (2 ( l~ (-~ ? ~ y k T I. Lot size of premises ~ ~~ ~`~ fi=r ~ ~ J. Type of fencing used C l~ ~ ~ M C- f r? ~ y ~~~ r' f `~ I Please'Continue to Page 2 (back of sheet) (3/11/2009) Winona Hays - Fvrd: RE: Greentech 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 it's 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 fetter 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 whavs southbendin.oov »> 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 Page 1 thanks aaron ~~ ~ ~A IlT~~~~'~I~~~ Inspected by: Cpl. Aaron Cassel South Bend Police Department Crime Prevention Unit 235-9401 Steve and Genes (recommend with reservations) I spoke with Steve of Steve and Genes. He does not have a video system, and does not have the required binders. He stated that he is currently using the space for storage only, and is trying to sell the business. IIe needs the license so he can sell the business, and store his items. I believe that he is not doing business as he is never there. I recommend that he is granted this permit, but will be making periodic checks to make sure that he has not started doing business again. ~C1 ~~~~~' ~ ~ a~~C,~ ~fi~iaa APR - 3 X009 J4H~ V~ORD~ ,~]. B~c,iD, iN. ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT-OF-WAY TO BE VACATED IS DESCRIBED AS THE PORTION OF FRANKLIN STREET RUNNING FROM THE NORTH RIGHT-OF-WAY LINE OF INDIANA AVENUE, NORTH TO THE SOUTH RIGHT-OF-WAY OF STULL STREET, BEING A DISTANCE OF APPROXIMATELY 1324 FEET MORE OR LESS AND A WIDTH OF 57.75 FEET. ALSO TO BE VACATED IS THAT PORTION OF THE RIGHT-OF-WAY OF BROADWAY STREET RUNNING FROM THE EAST RIGHT-OF-WAY LINE OF FRANKLIN STREET, EAST TO THE WEST RIGHT-OF-WAY OF LAFAYETTE BLVD. BEING A DISTANCE OF APPROXIMATELY 340 FEET MORE OR LESS AND A WIDTH OF 74.25 FEET. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above-described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: THE RIGHT-OF-WAY TO BE VACATED IS DESCRIBED AS THE PORTION OF FRANKLIN STREET RUNNING FROM THE NORTH RIGHT-OF-WAY LINE OF INDIANA AVENUE, NORTH TO THE SOUTH RIGHT-OF-WAY OF STULL STREET, BEING A DISTANCE OF APPROXIMATELY 1324± FEET MORE OR LESS AND A WIDTH OF 57.75 FEET. ALSO TO BE VACATED IS THAT PORTION OF THE RIGHT-OF-WAY OF BROADWAY STREET RUNNING FROM THE EAST RIGHT-OF-WAY LINE OF FRANKLIN STREET, EAST TO THE WEST RIGHT-OF-WAY OF LAFAYETTE BLVD. BEING A DISTANCE OF APPROXIMATELY 3401 FEET MORE OR LESS AND A• WIDTH OF 74.25 FEET. ALL SITUATED IN BOTH STULL'S 2ND ADDITION TO THE CITY OF SOUTH BEND AND STULL'S 1ST ADDITION TO THE CITY OF MYLER, NOW CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right- of-way, unless such rights are released by the individual utilities. .~ SECTION III. The following property may be injuriously or beneficially affected by such vacating: Tax Key Number 18-8027-1122 Tax Key Number 18-8007-0351 Tax Key Number 18-8006-0349 Tax Key Number 18-8027-1101 Tax Key Number 18-8027-1108 Tax Key Number 18-8027-1106 Tax Key Number 18-8027-1107 Tax Key Number 18-8006-0344 Tax Key Number 18-8006-034201 Tax Key Number 18-8006-0335 Tax Key Number 18-8006-0329 Tax Key Number 18-8005-0228 Tax Key Number 18-6004-0166 Tax Key Number 18-8006-0331 Tax Key Number 18-8006-0330 Tax Key Number 18-8006-0328 Tax Key Number 18-8006-0322 Tax Key Number 18-8006-0325 Tax Key Number 18-8006-0323 Tax Key Number 18-8006-0324 Tax Key Number 18-8006-0319 Tax Key Number 18-8006-0317 Tax Key Number 18-6006-0316 Tax Key Number 18-8006-0311 Tax Key Number 18-8006-0310 Tax Key Number 18-8006-0305 Tax Key Number 18-8006-0304 Tax Key Number 18-8006-0299 Tax Key Number 18-8006-0298 Tax Key Number 18-8006-029201 Tax Key Number 18-8006-0292 Tax Key Number 18-8002-008002 Tax Key Number 18-8006-028301 Tax Key Number 18-8021-0849 Tax Key Number 18-8006-0338 Tax Key Number 18-8021-084905 SECTION IV. The purpose of the vacation of the real property is to allow for the future development of the Transpo relocation project. The proposed project will use the proposed vacated right-of-ways. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the CommorJ Council Attest: G~~ s'{~~?,tl:'Ss~ ~Y ~.~~ .s„ ~ ~~ fit ~f~3[~~{/~t~ ~`~s3 ~/~~~p~ ~;.;cL*it~~i+n~~efS/S~'~wt~ Yl~ G^J'~S~ " ~sCfL'~1W7 {i11~'~ !€6i ~~y 04h:~ibj 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 ist R ~ l3-~~ PUBLIC HEAR!!~G ~ rd READ{NG NOT APPROVE REEERREf3 • PASSEi~ 1 w ~yJ ~. ~ ~~ Cr1TY Gi.E°~F;, ~:)• G~'idD~ 1N. PETITION TO VACATE PUBLIC ALLEY RIGHTS-OF-WAY TO: THE COMMON COUNCIL DATE: March 31, 2009 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE RIGHT-OF-WAY TO BE VACATED IS DESCRIBED AS THE PORTION OF FRANKLIN STREET RUNNING FROM THE NORTH RIGHT-OF-WAY LINE OF INDIANA AVENUE, NORTH TO THE SOUTH RIGHT-OF-WAY OF STULL STREET, BEING A DISTANCE OF APPROXIMATELY 1324± FEET MORE OR LESS AND A WIDTH OF 57.75 FEET. ALSO TO BE VACATED IS THAT PORTION OF THE RIGHT-OF-WAY OF BROADWAY STREET RUNNING FROM THE EAST RIGHT-OF- WAY LINE OF FRANKLIN STREET, EAST TO THE WEST RIGHT-OF-WAY OF LAFAYETTE BLVD. BEING A DISTANCE OF APPROXIMATELY 340± FEET MORE OR LESS AND A WIDTH OF 74.25 FEET. ALL SITUATED IN BOTH STULL'S 2ND ADDITION TO THE CITY OF SOUTH BEND AND STULL'S 1ST ADDITION TO THE CITY OF MYLER, NOW CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. NAME (signed & printed) & ADDRESS Tax Key Number City of South Bend, Department of Redevelopment 1200 County City Building South Bend, Indiana 46601 18-8006-034201 18-8006-0344 18-5097-3443 18-8006-0349 18-8006-0338 18-8027-1101 18-8027-1108 18-8027-1106 18-8027-1107 18-8006-0328 18-8006-0322 18-8006-0329 18-8006-0335 18-8006-0331 18-8006-0330 18-8006-0325 18-8006-0324 18-8006-0319 18-8006-0317 18-6006-0316 18-8006-0311 18-8006-0310 18-8006-0305 18-8006-0304 18-8006-0299 18-8006-0298 18-8006-029201 18-8006-0292 18-8021-0849 ~Dc~nald F./Inks, Director of Redevelopment City of South.$end, Department of Redevelopment 3 f ~~~~ ~~ ~i~~'~~s~ ~~~~~o APR - 2 2009 G!F'f C~.aitK, ~0.8fi?'0,1~1. CONTACT PERSON: Michael J. Danch NAME: Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUI3TY-CITY BUI7~DING SOUTH BEND, INDIANA 46601 (574) 235-9221 LEGAL. DE~CIIIFTIORi: THE FlRST STREET TO BE VACATED IS TAYLOR STREET FROM THE NORTH RIGHT OF WAY OF INDIANA AVENUE TO THE SOUTH RIGHT OF WAY OF STULL STREET FOR A DISTANCE OF 1,325 FEET, MORE OR LESS AND A WIDTH OF 60 FEET. THE SECOND STRET TO BE VACATED IS BROADWAY STREET FROM THE EAST RIGHT OF WAY OF FRANKLIN STREET TO THE WEST RIGHT OF WAY UNE OF LA FAYETTE BLVD FOR A DISTANCE OF 340 FEET, MORE OR LESS AND A WIDTH OF. 72.5 FEET. BOTH STREETS ARE A PART OF STULL'S SECOND ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. E°~~c~ Era ~~~,~~s'~ ~~Ete~ APR - L 2009 ~ox~l vaahoE clrr cl~aK, ~o. ~~;rla, »._ Owners within 150' Eggers Real Estate LLC 408 W Indiana Ave South Bend, In 46613 18-8027-1122 Ridge Company Inc 1535 S Main Street South Bend, In 46680 18-8007-0351 BLK LLC P.O. Box 2586 South Bend, IN 46680 18-8005-0228 Old Fort Building Supply of South Bend Inc 1401 S Main Street South Bend, In 46613 18-8004-0166 Williams Communications Inc. One Technology Center P.O. Box 22067 Tulsa OK 74121 18-8002-008002 New Jersey Ind & I11 Railroad 110 Franklin Road SE Roanoke, VA 24042 18-8021-084905 APR - ? 20G9 ~Gk;?'! ~IOGRLE s _ w z+ r/ ~ MICHAEL J. DANCH, L.A. Land Surveyors .Professional Engineers RON HARNER, P.S. Landscape Architects ^ Land Planners March 31, 2009 Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Vacation Petition for the right-of--way to be vacated is described as the portion of Franklin Street running from the north right-of--way line of Indiana Avenue, north to the south right-of--way line of Stull Street, being a distance of approximately 1324E feet more or less and a width of 57.75 feet, also to be vacated is that portion of the right-of-way of Broadway Street running from the east right-of- way line of Franklin Street, east to the west right-of--way of Lafayette Blvd. being a distance of approximately 340E feet more or less and a width of 74.25 feet. Being situated in both "Stall's 2°a Addition to the City of South Bend" and "Stall's 1St Addition to the Town of Myler in the City of South Bend, St. Joseph County, Indiana. Dear Council Members: Our clients, the City of South Bend, are requesting the approval of the Vacation of a portion of Franklin Street, and the described portion of Broadway Street. These rights-of--way are located Between Indiana Avenue and Stull Street. The reason for this request is to allow the City of South Bend to develop a one lot Minor Subdivision which is for the proposed Transpo Bus facility project. The City .and the Petitioners believe that vacating the above mentioned rights-of--way will not have a detrimental effect on the adjacent properties located along this portion of Franklin Street and Indiana Avenue. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, .~ .` icliael J. Danch President Danch, Harner & Associates File #080106 pjh Fft~~ t~ ~t~cr~'s ~j~ia~~ APR - 2 2009 JG'siN V~DGRL~~ Ci5'Y Cf.~~K, S':J. ~~trD, lid. 1643 Commerce Drive South Bend, IN 46628 once 5741234-4003 ^ 8001594-4003 ^ Fax 5741234-4119 208 West Mars Berrien Springs, MI 49103 office 2691471-3010 ^ Fax 2691471-7237 `~4~.~~ ~~~~ Z3-~~ ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 614 EAST IRELAND RD., COUNCILMANIC DISTRICT 5, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT This is a single family dwelling and it is our intention to convert the zoning to Local Business. This will allow us to relocate our existing flower shop, country Florist from 31 South, where the new bypass will soon adversely affect our business. 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: Part of Southeast Quarter of Section 25, Township 37 North, Range 2 East, Centre Township, St. Joseph County, Indiana. be and the same is hereby established as LB Local Business. 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~lncil Signing Gf iiiis ~iil is c~~i~' $Q ~,cvidp ~n Attest: oppcrf~rfy €~r p~E~iic ~~aing end ~Q~dtGij ~Ct4Nf1 Oit ~I~ta E55E~Qo 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 1 st ,READING ~-~S ~~ PUBCIG HEARING 3 rd READI{~G,..- iq!®T APPRO:V~ EPEFERRE~ -_ RASSE~ - - F6~~~ f~ ~t~Y~{'~ ~€i~~e APR ' 7 2009 J0;'iJ VQCRDE G1TY CI.Et~K, SQ. BEl~i1, Ili. 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: 614 East Ireland Rd. South Bend, IN 46614 2) Name and Address of property owner(s) of the petition site: Kathy Jaworski Richard Eichstedt East Irvington Ave. 21189 Baneberry Trail South Bend, IN 46614 South Bend, 1N 46614 3) Name and address of contingent purchaser(s), if applicable: N/A 4) It is desired and requested that this property be rezoned From Single Family 1 to Local Business 5) This rezoning is requested to allow the following uses(s}: To relocate a long standing, locally owned, small retail flower shop from 6005 US 31 to this location. 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 a 8 '/2" x 11" format. t ~~ . _ ./ athy Ja ski Richard ichstedt Petition Prepared By: Kathy Jaworski and Richard Eichstedt 1013 East Irvington Ave 21189 Baneberry Trail South Bend, IN 46614 South Bend, IN 46614 574.291.3937 574.299.5357 cofloristnsbcglobal.net richardeichstedt(n~sbcalobal.net ~i~~~ ~~ ~~~f°~S'~ ~~~{fie APR ° 7 2909 JOt;N vf3QPD~ CfTY CLEt K: ~Q. 6EtdJ, {F~. Rec .., . PARCELID NAM E_1 TAXMAILADD TAXMAILCIT 018-7164- CITY OF SOUTH BEND 1 5777 ERSKIN GOLF COURSE .COUNTY CITY BLDG SOUTH BEND IN 46601 2 1792 NAVAL DIMPNA D 636 E IRELAND RD SOUTH BEND IN 46614 DERYCKERE 023-1035- RAYMOND AND MARY 3 1793 C 644 E. IRELAND ROAD SOUTH BEND IN 46614 CENTRE TWP IRELAND 023-1035- RD CEMETERY % GAIL 4 1794 WA 60250 ST JOSEPH ST SOUTH BEND IN 46614 5 1791 NAVAL DIMPNA D 636 E IRELAND RD SOUTH BEND IN 46614 023-1035- SUMRALL LESTER 6 180903 EVANG ASSOC INC 530 EAST IRELAND RD SOUTH BEND IN 46614 BRADY TERRY R & 023-1035- SARAH MCGRANE JT 7 1795 W/ROS 713 HAWBAKER ST SOUTH BEND IN 46616 8 1801 GRAY ARTHUR A PO BOX 2673 SOUTH BEND IN 46680 SUMRALLLESTER 023-1035- EVANGELISTIC ASSN 9 178801 IN 530 E IRELAND RD SOUTH BEND IN 46614 023-1035- LESTER SUMRALL 1 0 1790 EVANGELISTIC ASSOC 614 E IRELAND RD SOUTH BEND IN 46614 6 ~~~~ p,QR ' 7 2QQ9 a~~~~ vac~a~ S~rve~Tor Location deport PART OF SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. 614 EAST IRELAND ROAD, SOUTH BEND, INDIANA FOR: RICHARD EICHSTEDT IRELAND ROAD 105' _ - O N "] tp 1 OF_WAY LINE _ _ _ - ° X 0 /~f,~p' ~ O_ n O`'~ ~ v+ NOTE: BECAUSE OF THE PROXIMITY Of THE NOTED IMPROVEMEM(S) TO THE PROPERTY LINE, A BOUNDARY SURVEY IS RECOMMENDED TO DETERMINE IF ff~THEY MAY CONSTFFUtE AN ENCROACHMENT. ~~~'~t:~`_ ;a~wi i 13.0' `°. "? 13.7' ~ 11.D' 15.7' 19.3' HOUSE 4 37.3' 0 h b ~ ~. '7 ~~. o_ = N 15.fi~ 10.0' O M THE PRIMARY STRUCTURE ° SIiOWN ON THIS DRAWING ~ i LS NOT IN A OOD ~ AA7.AIZD ~ • i `~ ~ ... ~D w~`~ p I ~ ~ ~ ~~ ~ ~ ~~ ~ ! ~ Q`° ~ a . 1 ~ :. '~ ~ U Lu °~ ~ aV 1 U - FENCE ON OR NEAR I PROPERTY LINES _ J 105 HAWBAKER STREET _ __ J-i;.j~, f~SLo'oFwc~e °e~{ y~?;ny :. a I~10. o. 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Reproduce o! this material is not possible without wr pennisslon of Sl. Joseph County, India. GERMAN NJP CUYTWP WARRE'TWP~ OLNE NA PORTAGE NIP PENN T'M' GREENE 7WP CENTRE TWP LIB ERTY 7NIP' ~ UNION TwP -,+~`. a` Date Pnnted: June 23, 2004 .,~ c ~ Photog2phy:Sping 2002 S~ ~ ~ ' .,4 N Pre. St. Joseph County Auditr WL' 227 W. Jettei 7 ' ~ t,. ,~Lrf,/ South Bend, India , \ ! Phone: (574) 4 _+ S 6RELAND RDAD 105 GROSS ACREAGE cuRe .74132,235 SQ. FT. LAND COVERAGE BUILDING / STUCTURES _ _ RIGI~oFwnYUNE _ _ _ _ _ _ 7% / 2444 SO. FT. oe ~,~ PAVED PARKING AREA 21 °I° i 7086 SO. FT. ~G H 6 CUSTOMER, 6 EMPLOYEE ~ PAVED STREET Z 4% / 1449 SQ. FT. LAWN / FOLLAGED ~ ~ 68% / 21,256 SO. FT. `~P~e.~, ~~ 1 ~Ots Pe, ~~ BUILDING HEIGHT ~ e~~ ,~~~' 184" QPe- ALL DIMENSIONS ARE PRELIMINARY 8 APPROXIMATE ~44~ EXISTING STRUCTURE 3 07 e- ° o~ ~ e`~ ~v 0 ~ p m o P w w U O z N 20 Xf/1 W . ~e 28 ~ a ~ O ~` z zw Ow U U O O w Z rn o ~ ~OJ?SC'~~\~O ~ e ~ ~ u~ 5 • a z ~{ ~' w ~ ~ ` ~~~d P y ~O-1 QQ- ~e `~G 'uS ~ ~ ep¢ G C~ ye- - ,. a,..;,,, ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITE' OF SOUTH BEND, INDIANA, TO REDUCE 2009 BUDGET APPROPRIATIONS IN THE GENERAL FUND (FUND NO. 101) AND PARKS AND RECREATION FUND (FUND N0.201) STATEMENT OF PURPOSE AND INTENT On November 10, 2008 the South Bend Common Council approved the City's 2009 operating budget as Ordinance No. 9874-08. At that time, it was likely, but not certain, that 2009 tax revenues would not be sufficient to fund the approved appropriations at 100% due to the impact of HEA 1001 which provides various tax caps (I.C. 6-1.1-20.6). Because of the now certain lost revenue effect of this recent legislation, and the inability of South Bend to recover the loss in 2009 through other measures, the appropriations from General Fund (No. 101) and Parks and Recreation Fund (No. 201) must be reduced from the sums approved in Ordinance No. 9874-08. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The appropriations approved in Ordinance No. 9874-08 for the fiscal year ending December 31, 2009 shall be reduced in the following amounts: Fund General Fund (No. 101) Parks & Recreation Fund (No. 201) Major Budget Classification Personnel & Benefits Supplies Services Personnel & Benefits Supplies Services Amount of Reduction $2,800,000 750,000 250,000 $ 500,000 250,000 100,000 The reductions are more specifically described in detail at Exhibit "A" attached hereto and incorporated herein. 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. 1 5 ~~ Member of the Common Council Attest: . _,~; ~ .. E:3 ~xSE `y i.'5 r,r..,t°fipG2 !~ '.F~~~a ~ie 6o~,~ k~~J ~~P~r,~ I''~"'~c pfrd s' ;. 'u4s ~ iE.7~i. ~~~ ~n t!'t`t a' City Clerk Present by me to the Mayor of the City of South Bend, Indiana on the 2 , at o'clock .m. day of City Clerk Approved and signed by me on the day of o'clock .m. 2 at Mayor, City of South Bend, Indiana s~ . ~~Dt'P~G ~-13-a°~ PUBUG HEARIh?G rd READIP~G I~G~T ~.P.PP,,S~VE~ RE~ERRE~ MASSE ~1~~ j~~bo',~a ~~~F~~ heft - 8 20Q9 dO~N Y~C gEl1Q, ItV. CITY C!-ELK, Exhibit A Summary of Budget Reductions---2009 by Major Budget Classification General Fund Mayor Reductions Personnel 1 Mayor 5% pay cut $ 4,732 2 5% reduction in salary Mayor Assistants, Dir. Secretarial Services, Dir. Communications $ 6,520 3 Eliminate Special Events Assistant $ 35,202 4 Reduce all remaining 2009 baseline regular salaries to $ 7,336 20081evels 5 Reduction in Seasonal & Interns $ 2,000 6 FICA/Medicare $ 4,268 7 PERF $ 3,347 8 Long term disability-eliminated position $ 62 9 Health Insurance-eliminated position $ 8,352 . 10 Life Insurance-eliminated position $ 120 11 Flex-eliminated position $ 500 12 Parking-eliminated position $ 420 13 Auto Allowance (internal transfer) $ (8,100) Total $ 64,760 Board of Safety Controller Supplies 14 Centrals Services Gasoline see attachment Total Services 15 Dues/Subscriptions $ 10,000 16 Promotional $ 7,200 17 Professional Services $ 13,000 Total $ 30,200 Net Reduction $ 94,960 Personnel 1 Board Members- All volunteer, no payments $ 16,581 2 FICA Net Reduction $ 16,581 Personnel 1 Controller position 5% cut $ 2,361 2 Reduce 2009 baseline to 2008 salary levels $ 5,164 3 5% Reductions for Director of Human Resource, $ 4,065 Director of Finance, Director of PW Finance 4 Eliminate System Specialist II $ 46,219 5 FICA $ 4,422 6 Medicare $ 3,469 7 Health Insurance $ 8,352 8 LTD $ 62 9 PERF $ 3,469 Net Reduction $ 77'584 Morris PAC Palais Legal Personnel 1 Director 5% pay cut; reduce to 20081evels $ 7,448 Supplies 1 Various supply items are reduced $ 5,174 (printing, office supplies, cleanining supplies, etc.) Services 1 Various contractual service line items are reduced $ 48,398 (postage, travel, telephone, bldg. repair, etc.) Net Reduction $ 61,020 Personnel 1 Director 5% pay cut; reduce to 2008 levels; eliminate $ 42,136 positions Supplies 1 Various supply items are reduced $ 4,311 (printing, office supplies, cleanining supplies, building supplies, etc.) Services _ 1 Various contractual services are reduced $ 14,394 (postage, travel, printing, repairs, training, etc.) Net Reduction $ 60,841 Personnel 1 5% Reduction in City Attomey pay $ 1,557 2 Deputy City Attorney IV to III $ 9,643 3 Allocate 2 Deputy City Attomey III's to Fund 226 $ 54,533 4 Allocate Paraglegal to Fund 226 $ 3,841 5 Interns-Zeroes out any interns $ 40,000 6 FICA $ 8°382 7 PERF $ 4,174 8 Health Insurance $ 14,198 9 Flex (allocate to fund 226) $ 850 10 Life Insurance $ 204 11 LTD $ 106 Total $ 122,130 Supplies 1 small office equipment $ 1,000 Total $ 1,000 Services 1 travel, promotional, office equipment, legal services $ 8,180 education, and training, etc.) Total $ 8,180 Net Reduction $ 131,310 Engineering $ 165 539 Personnel , transferring positions to other funds Net Reduction $ 539,165 Building Mtn. $ 716 55 Personnel , transferring positions to other funds Net Reduction $ 55,716 Street (T&L) $ 992 149 Personnel , transferring positions to other funds Net Reduction $ 149,992 Police Personnel $ 899,040 Note: Reduction is predicated on not filling six positions currently open, also not filling five civilian positions current ly open, managing overtime. Supplies reduce various accounts $ 1,111 (gasoline-see attachment) Communication Center Personnel $ 54,000 two positions will not be filled in 2009 Net Reduction $ 954,151 Fire Personnel & Benefits 1 Regular Salaries & Special Pays per contract $ 289,823 Assumes 8 unfilled sworn firefighter positions and all civilians at 2008 pay levies. Supplies 1 Reduce various repair and supply accounts $ 15,033 2 Gasoline see attachment Services 1 will reduce various contractual service accounts $ 19,163 Net Reduction $ 324,018 Code Enforcement Junk Vehicle Animal Control Park Fund Administration Maintenance Personnel 1 Reduce salaries to 20081evels $ 12,845 2 FICA $ 983 3 PERF $ 771 Net Reduction $ 14,598 Personnel 1 Reduce salaries to 20081evels $ 697 2 FICA $ 53 3 PERF $ 42 Net Reduction $ 792 Personnel 1 Reduce salaries to 20081evels $ 4,792 2 FICA $ 367 3 PERF ~ $ 288 Net Reduction $ 5,446 Total General Fnnd $ ~ 2;486,174 Personnel 1 Reduce salaries to 20081evels, transfer $ 26,067 Computer Tech to fd 203, Eliminate Park Ranger and Marketing Part time 1 Services reduce various accounts $ 16,000 Net Reduction $ 42,067 Personnel 1 Eliminate Salary increase $ 81,565 Eliminate Courier, 2 Gen Laborers, 1 Eqpt Op II, 1/2 Carpenter Increase PT to compensate for above Cut OT Supplies 1 Reduce various accounts $ 23,125 2 Gasoline-see separate attachment Services. 1 Reduce various accounts $ 7,160 Net Reduction $ 111,850 Golf Personnel $ 14,916 Eliminate salary increases; reduce part time Supplies $ 9,910 Services $ 500 Net Reduction ~ 25,326 Recreation Personnel $ 114,069 Cut Pools one day per week, cut playground sites, transfer PT to fd 203 ' Eliminate Salary increase, transfer Fitness Coordinator to Fd 203 Supplies $ 15,900 Services $ 17,700 Net Reduction $ 147,669 Zoo $ 1,378 Personnel Eliminate salary increases Supplies $ 421 Services $ 1,500 Net Reduction $ 3,299 Total Park Fund $ 330,210 Name of Fund # of Fund Gasoline Supply Category General Fund #101 ! ~"~~ $ $ 4,063 2,000 Mayor 600 15 2,944 Engineering , 963 37 23,000 Street (T&L) , 940,157 574,000 Police 230,750 134,000 Fire 587 67 41,600 Code Enforcement , 597 2 1,600 Junk Vehicle , 751 16 10;300 Animal Control , Total 1,315,468 789,444 Reduction ~n General Fund $ (526 024) Park Fund #201 625 209 129,000 Park Maintenance , 706 1 1,050 Golf , 900 3 1,198 Potawatomi Zoo , Total 215,231 131,248 Reduction in Park Fund $ 83 983 ~'tl~€~ t~ ~E~~~ih~~ ~'~f6d~ aPg - a 2oog Jf3HN VOORDE CITY CLi;BK, SQ. BctdD, tN. COUNTY-CITY BUILDING 227 W. JEFFERSON BLVD. Sourx BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PHONE 574/ 235-9216 Fnx 574/235-9928 TDD 574/ 235-5567 DEPARTMENT OF ~DMINISTItATION AND FINANCE M. CATHERINE FANELLO CONTROLLER Apri18, 2009 Derek Dieter, President South Bend Common Council County-City Building, 4`t' Floor South Bend, IN 46601 Dear President Dieter: The attached ordinance, Reduction of Appropriation for the General Fund and Park Fund, begins the process of bringing these two funds in line with estimated property tax revenue losses in 2009. These losses are the result of House Bill 1001 properly tax reform. The budget reductions do not equal the total revenue loss of 2009 of approximately $8 to $10 million. However, because the city did not spend all of the 2008 operating and capital monies available, these unspent monies coupled with the reductions in the ordinance will allow the city to avoid the General Fund and Park Fund from being overdrawn at the end of 2009. Most of the detail is attached and some additional detail will be added with a substitute attachment. There are no surprises in this ordinance. Departments have worked diligently to identify various areas where they can reduce costs or appropriately match costs in other funds not supported by property taxes. There is still much work to be done as this reduction'does not accomplish the $18 to $20 million budget reduction needed in 2010. There are no Police and Fire layoffs in this ordinance. The Police and Fire are avoiding layoffs in 2009 because they are not filling open positions. There are currently eight (8) sworn firefighter positions and six (6) sworn police officer positions unfilled. But note that due to the massive revenue reduction in 2010, this may be unavoidable. Other departments that are eliminating positions in this reduction ordinance include the r following: Mayor (1), Parks (5), Finance (1), and Palais (2). The Finance Department (vla~ ~~.~ JANICE L. HALL JOHN M~'~ ROBERT ALLEN ASSISTANT CONTROT i FR DIRECTOR DIRECTOR INFORMATION TECHNOLOGY HUMAN RESOURCES eliminated two positions (2) and the Parks Department eliminated one (1) position when the 2009 baseline budget was enacted. Also, the ordinance amounts are higher than actual in Exhibit A because we will perform quality control calculations on the numbers provided by departments to ensure there are no errors. ~'Je will also review whether we have captured all possible reductions that can be taken this year. If there are more, we will take them. The exact amounts reduced will be included in the final Exhibit A that will be distributed to Council before 2°d reading and final passage. It is common practice to advertise higher in order to account for changes and possible calculation errors. I will present the ordinance at the regularly scheduled Personnel & Finance Committee meeting. Please let me know if you have any questions or request additional detail. Our goal is to accomplish this reduction in April so that the amounts can be reduced upon second reading in order to meet targeted end of year cash requirements. Thank you for your consideration in this matter. Sincerel , ,. . ~G~~~ . Cat rive Fanello, CPA City Controller cc: Kathy Cekanski-Farrand, Council Attorney Common Council Members Mayor Stephen Luecke d ~'] ~ ~ ~ "fir; g:ir5 ~{n.,}~ f €r~~e ~§~ ..d iti,ea s~ ti t» I I S'b~~ ,~P~ - 8 2009 ~v;~tu vocs~E cirr c~.t~~, so. s~r~, «. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1,000,000 OUT OF FUND 641 TO PAY COSTS ASSOCIATED WITH CLEANING THE ANAEROBIC DIGESTERS AT THE WASTEWATER TREATMENT PLANT. STATEMENT OF PURPOSE AND INTENT The wastewater treatment plant has four anaerobic digesters which need . to be cleaned and rehabilitated. Two of these digesters are used as settling tanks for biosolids prior to being dewatered and used in our land application program. These digesters have not been cleaned in 20 years. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The sum of $1,000,000 is hereby appropriated and set aside within Fund No. 641 for purposes of paying for the anaerobic digester cleaning at the wastewater treatment plant. 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. Member, South Bend Common council p . ,. ,. ,..t :~lCiil~ ~3 ~: is'.~7 ~I3 ~a ~:zt~ E'.~ ~ ~aiilty ~fl Attest: t3~.}~;i t~ F~ t;~3' r~>>.:'~~ h ~~t1g aid Council ~CiGi~ on ~~~ i~u~, 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. 1 si P.~ADIAG `f--t 3 -o~ PUBLIC . HEARIi~G 3rd READING E~IOT APPR~YED P.EFEttRED PASSE :. ~Fi~~ ill Esi~i~i~j~+ ~ti'€~y ayor, a,P~ - ~ ~~~~~ dCt}ity` ~~~~{iRUC ~~..~ GtTY CL.E~?~:, ?;7. Pr~D, 1?d. City of South Bend, Indiana 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORDS GAY A. GILOT, P.E. DIRECTOR OF PUBLIC WORKS March 24, 2009 Mr. Derek Dieter, President South Bend Common Council In Re: Ordinance Appropriating $1,000,000 for Digester Cleaning and Rehabilitation. Dear President Dieter: The attached ordinance is offered for Council consideration. It deals with new appropriations from Sewage Works enterprise fund (641) to the "Other Contractual" line item in the 2009 Sewage Works budget for wastewater. Sewage Works Enterprise Fund 641 has the necessary monies to cover the requested appropriation. The total dollar amount to be appropriated is $ 1,000,000. These funds will be primarily used to cover the cleaning, repair and rehabilitation of two of our anaerobic digesters. These digesters play a critical role in the final processing of biosolids at the plant and have not been cleaned and rehabilitated in over 20 years. We believe this to be an infrequent maintenance responsibility and did not have engineering estimates until January of 2009. Our hope is to complete this task during the 2009 construction season. I will make the formal presentations and am available anytime if you have questions. Sincerely, ~.c:~-v ohn ~ . illon APR - $ 2009 ,i01`tl V~O.3E'D, It~i. CTtY CL~R!t, ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES STREETS l ~-- .~.- "~ ~: -WATER WORKS ~ CARL LI'ITRELL, P.E. Jolrrr J. Du.LON, Px.D. MArr CHLESOwsIa SAM HENSI.Er `JoxN F. STANCnTI ~ ~f ~ ~ 574/235-9251 574/277-8515 574/235-9316 574/235-92441 574/235-9322 ~'~/ i FAx 574/235-9171 FAx 574/277-8980 FAx 574/235-9007 FAx 574/235-9272 ~~ ,FAX 574/235-9728 L J,~ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $4,098,521 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE NEIGHBORHOOD STABILIZATION PROGRAM FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING,MARCH 1, 2009, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. Statement of Purpose and Intent: The government of the City of South Bend, in partnership with the City's private sector and residents, is conunitted to the goal of improving the quality of life in the City, its neighborhoods, and for its residents. As part of this commitment to a comprehensive community development and improvement program, the City of South Bend, through its Department of Communty and Economic Development, has applied for and has received on March 1, 2009 the approval of the United States Department of Housing and Urban Development to expend $4,098,521 in the execution of certain housing rehabilitation/assistance, code enforcement, _ neighborhood development, and general program planning and development activities. In order to implement the aforementioned activities, funds are required. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The sum of $4,098,521 is hereby appropriated for the program year starting March 1, 2009, for the City of South Bend's Community Development Block GrantlNeighborhood Stabilization Program (Program Year 2008). The appropriation shall be used~as approved by the United States Department of Housing and Urban Development under Title III of the Housing and Economic Recovery Act of 2008 (HERA) and of the Code of Federal Regulations, Part Five Hundred and Seventy (570) for the Community Development and Neighborhood Stabilization Program. This appropriation shall be administered by the Departme>Z,t, of Community and Economic Development and its designated subgrantees, in accordance with the 2008 Housing and Community Development (HCD) Action Plan and Amendment, which are hereby approved and incorporated by reference with respect to the following distributions: B-08MN-18-0011 Neighborhood Stabilization Program Dept. of Community & Economic Development -Planning &Admin 95,000 South Bend Heritage Foundation -Planning &Admin 160,000 F:\DATA\.SIi.4RE\COMMDEVWEIGH STABILIZATION PROGRAM\2009 NSP ORDINANCE.DOC Near Northwest Neighborhood, Inc.- Planning & Admin. Near Northwest Neighborhood - Acquisition/New Construction Near Northwest Neighborhood, Inc. - Acquisition/Rehab South Bend Heritage Foundation - Acquisition/New Construction South Bend heritage Foundation - Acquisition/Rehab South Bend Heritage Foundation -Rental Housing Group Homes Habitat for Humanity - Acquisition/New Construction Code Enforcement Demolition TOTAL 105,000 200,000 750,000 200,000 600,000 1,024,630 400,000 563,891 $ 4,098,521 SECTION II. No costs will be incurred or funds expended for any of the activities addressed in this ordinance prior to completion of Tier II of the Environmental Review Process specified in Title Twenty-four (24) of the Code of Federal Regulations, Part Fifty Eight (58) containing the Environmental Review Procedures for the Community Development Block Grant Program. The official release of funds was received from the United States Department of Housing and Urban Development on March 1, 2009. SECTION III. 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 Coy ncil ~o~P ' "~ ~~ ~~0~ ~~ ~yi~ IS~~~~ .~' Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20 , at o'clock .m. City Clerk F:\DATA~.SHARE\COMMDEV~NEIGH STABILIZATION PROGRAM~2009 NSP ORDINANCE.DOC Approved and signed by ine on the day of at o'clock r m. 1 st READING `~ ~ ` PUBLIC HEARIiI(a 3 rd READING NOT APPROVED REFERRED PASSE(3 20 , Stephen J. Luecke, Mayor ~BiG~ ~t~ ~~~~'~'~ ~~t€Cb APB '° 8 2009 JGNN'dt30RDE CIl'Y CLERK, S0. BEhD, ICI. 1200 COLRVTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SotITI-t BENV, INVIANn 46601-1830 PxoNE574/235-9371 Fnr. 574/235-9021 TDD 574/ 235-5567 CITY OF SOUT'Fi BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR March 30, 2009 Mr. Derek Deiter President, South Bend Common Council 227 W. Jefferson Blvd., Suite 400 South Bend, IN 46601 Dear President Deiter: The attached bill for Council consideration and approval will appropriate $4,098,521 in 2008 Neighborhood Stabilization (NSP) funds. This action allocates new funds in accordance with the 2008 Action Plan and Amendment of the Housing and Community Development Plan submitted to the Department of Housing and Urban Development on November 26, 2008, and further amended and resubmitted on December 15, 2008. As was discussed with the Community & Economic Development Committee on November 6, 2008, the 2008 HCD Action Plan NSP Amendment was the subject of a 15-day public comment period that began November 11, 2008 and expired November 25, 2008. The funds being made available are part of the Housing and Economic Recovery Act of 2008 (HERA) and represent a one time formula allocation to South Bend as an entitlement community. The City received the Release of Funds Notice on March 1, 2009. Grantees will have 18 months to use the funds awarded to them. That 18 month period is triggered by HUD's execution of the Grant Agreement, of which we have a fully executed copy dated March 23, 2009. Should there be any questions on this bill please contact me at 235-5845. to address this issue at the Apri127`h meeting. Thank you. i Sincerel /~ amela C. Meyer Y~ Director / cc: Jeff Gibney Catherine Fanello John March Judy Rosheck COMMUNITY DEVELOPMENT ~ ECONOMIC DEVELOPMENT PAMELA C. MEYER DONALD E. INhS 574/235-9660 5741235-9371 F:\DATA\SHARE~QE~L~~I STABILIZATION PROORAM\2009 NSP ORDINANCE.DOC Jeff Gibney or I will be present Find/ ~(E~t''IC'~ Otfi~~ APR - 8 ~iiC~g ao~;r~ va~~ 5i}~ FlNnxclnL & PROGRAM MANAGFJvIENT ELiZAeETH LEONARD ~~ 574/235-9371 ~ ~yCq 1 1, Q "l• " 1lJJ ~~l~~~a~ 21-~~ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 6, SECTION 6-26.4(c), LOW VOLTAGE PERMIT FEES, OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE. AND INTENT On February 9, 2009 the South Bend Common Council passed Ordinance #9902-09 which, among other things, amended various fees charged by the Building Department (Section VI of Ordinance #9902-09). After performing a detailed review of Ordinance #9902-09 regulating the fees for low voltage permits, it has been determined that the fees need to be readjusted and recodified to reflect the actual cost of enforcing and inspecting low voltage installations. NOW, THEREFORE; BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Chapter 6, Article 6, subpart (c) of Section 6-26.4 shall be amended to read as follows: (c) Fees. Each application for a permit for installation or alteration of low voltage wiring shall be accompanied by fees in accordance with the schedule below; with the minimum fee of twenty dollars ($20.00). (1) Outlet, termination, and/or jack;-~ae~ ~~r3-.88_ a' 25 or fewer each _$3.00 b. Each thereafter $0.50 SECTION II. This Ordinance shall be in full force and effect from and after its adoption by the Common Council, approval by the Mayor, and any publication required by law. l~~.C. ~ - V ~e.~. ~ lll~ Member, South Bend Common C,c~uncil Attest: City Clerk a~~a~, g~.i~ ~~~ ~~.:~., ~~a<<~~ ~~td ~~ ~ ~7 ~i CIS i~ll~, 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 PUBL{C NEARINC.1 3 rd REAQI~lG PAC>T AFFRC~VE(~ REFERRED ~ASSE&~ ~i~~~ ~~ Sri::;.,"':: " ~t"~y~~ JC{~hl UCCRGE Gi i`Y G.L.-;K, ~0. c3Ehp, IiJ. ~ ~;~ p . O~ ~y o,~ ~~~ O z m R : co`~ . y~ r JAMES D. MARKLE, R.A. Design/Plan Review Specialist Apri18, 2009 The Honorable Derek Dieter South Bend Common Council 455 County-City Building South Bend, IN 46601 125 S. LAFAYETTE BLVD. SUITE 100 SOUTH BEND, IN 46601 (574) 235-9554 TDD 574-235-5567 FAx 574-235-5541 CHARLES C. BULOT BUILDING COMMISSIONER RE: Intent of Amending Ordinance Chapter 6, Building, of the South Bend Municipal Code Dear Mr. Dieter: MARK A. LYONS Asst. Zoning Administrator On December 31, 1991, the City of South Bend and the County of St. Joseph entered into an agreement to merge their building departments; and further create the "Consolidated Building Board". In 1993, by Ordinance No. 8412-93 subsection 1, the Board created the Building Department as an enterprise fund. After performing a detailed review of Ordinance No. 14-09 regulating the fees for low voltage permits, it has been determined that the fees need to be readjusted to reflect the actual cost of enforcing and inspecting low voltage installations. This adjustment will better serve the direct overhead costs of the Building Department without penalizing contractors who regularly make larger installations. I intend to present these changes at the next available scheduled Common Council meeting. Feel free to contact me if you have any questions. Sincerely, ,.~!~~~~ .f Charles C. Bulot Building Commissioner ST. TOSEPH COUNTY/SOUTH BEND BUILDING DEPARTMENT ;,r„ ;J. D ILG/ f ~ ~,~ ~~ ORDINANCE 1010. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CREATING A NEW POLICE TAKE HOME VEHICLE FUND #278 STATEMENT OF PURPOSE AND INTENT The City of South Bend has implemented a South Bend Police Department Take Home Vehicle Program which provides a form of indemnity arising out of use of take-home vehicles by police officers. Officers participating in the program pay for the cost of this insurance through monthly payroll deduction. They then receive the benefit of City defense and coverage of personal injury and property damage claim costs arising from off-duty use of .City owned vehicles subject to certain conditions and limitations specified in the Program policy. The City believes it is appropriate to segregate the funds paid by officers for this off-duty vehicle use protection from the City's general self-insurance fund. This ordinance creates a separate Fund for that purpose. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. The Police Take Home Vehicle Fund (#278) is established within the City of South Bend to receive monies collected from South Bend Police Department officers participating in the City's Take Home Vehicle Program. SECTION II. The City shall use all monies deposited into this Fund to pay the costs and expenses associated with claims arising from use of Program vehicles occurring while officers are not on duty. SECTION III. If the Police Take Home Vehicle Program should cease to exist, then all monies in this Police Take Home Vehicle Fund shall remain within this Fund for a period of at least two years following the program cessation, to be used for Fund purposes, at which time the Fund can be closed. Any monies remaining in the Fund upon closure shall be used only for general public safety purposes. SECTION IV. The aggregate sum of is hereby transferred from Fund #226 to Fund #278. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and Approval by the Mayor. Member of the Common Council r Attest: City Clerk ~'?~r~:~'~ ~.; <r>> ~~ :~ ~a,;a ~': is (E• ~ p1f~ l.Se ~ •~'~y :`~ ~~? ~.a i5~k:~ ('[~~tE7 ea~ ~1f4! ~~~~ ~~~an an'~~'ss ~~~ 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 o'clock . m. 2 at Mayor, City of South Bend, Indiana 1st READENG ~~~ 3~ ~ r PUELEC HEARfNt~ 3 rd READ:'NG NOT APP?!?'rc~ REFERRED PA55EA ~{~E~~ ~[i ~Ef~~`~C'~ ~~~~~~ - APR - 8 2009 JpY1J VOp BEFID,I~. CITY CLEi~K, ,. 1400 COIJN'IY-CPI'Y BUII.DING 227 W JEFFERSON BOULEVARD SoUrx BEND, INDIANA 46601-1830 PxoNE574/235-9241 Fnx 574/235-9892 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN ]. LUECKE, MAYOR DEPARTMENT OF LAW CHARLES S. LEONE CrrYATTORNEY Apri19, 2009 Mr. Derek Dieter President, South Bend Common Council 4`I' Floor, County-City Building South Bend, IN 46601 AIADEAN M. DERosE CHIEF f~SSISTANT CrrYATTO'RNEY Re: An Ordinance Creating a New Police Take Home Vehicle Fund Dear President Dieter: Attached for Council consideration is an ordinance to establish a separate fund to receive monies paid by police officers who participate in the South Bend Police Department Take Home Vehicle Program to cover personal injury and property damage claim costs arising from off-duty use of City owned vehicles. Receipts and expenses for this Program have been part of Fund 226 which covers the City general self-insurance program. Because their have been several inquiries about the uses of monies related to the Program, the administration believes that use of a separate fund for the Program would assist with transparency and accountability. We do not yet have a fund number assigned for the new fund nor an amount to transfer. Therefore, we will submit a substitute ordinance with this information before Second Reading. Your favorable consideration is requested. Catherine Fanello or I will make the presentation to the appropriate Common Council committee and at the regular Common Council meeting. cc: Catherine Fanello Sincerely, ~~ < <~ r•• ,~ Charles S. Leone ~I~~~ ~tl~ al~.~~~ ~~~~~~°' City Attorney APR - 8 2009 dC~F{Id ~~,BBEt~~, fi~l. CITY Cf.~.RK, ., THOMAS L. BODNAR CHERYL A. GREENS ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. IVIETEIVER JEFFREY L. SANFORD JOHN E. BRODEN Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTHBEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED USER FEES FOR SPECIAL PUBLIC SAFETY SERVICES PROVIDED BY THE SOUTH BEND POLICE DEPARTMENT STATEMENT OF PURPOSE AND INTENT The South Bend Police Department provides a variety of outstanding public safety services aimed to protect the life, property and personal liberties of individuals. The police department "affirmatively promotes, preserves and delivers" public safety services aimed to prevent crime. By utilizing "community policing", partnerships between individuals and their police officers have been created. These positive actions are working to make South Bend a safer community where people live, work and play; and where visitors will avail themselves to the many cultural and recreational opportunities offered. The South Bend Police Department "...continuously reviews the way that it deploys staffing resources in an effort to increase their ability to respond to community needs and maximize resources". The Uniform Patrol Division is the largest Division in the Police Department and is often referred to as the "backbone of the Police Department". These officers protect the 107,000 city residents by patrolling the city which consists of thousands of residential homes and businesses; 460 miles of streets and 499 miles of alleys. The City's sworn police officers provide top-quality police services on a 24/7 basis. In addition to the uniform officers, the police department utilizes many qualified individuals some of which serve as K-9 Officers, Investigators, Detectives, SWAT, bomb technicians, Rapid Response, hostage negotiators, arson & fraud investigators; forensic lab technicians; school resource officers; crime prevention officers; supervisory personnel who are specially trained to "ensure timely responses and patrol coverage throughout the city". The South Bend Common Council is committed to maintaining the highest level of police services to the citizens of the City of South Bend. The Council therefore believes that it is necessary to establish user fees for special public safety services which are provided by sworn members of the South Bend Police Department. Such special police services which go above and beyond the daily 24/7 public safety services provided to the citizens of South Bend. The Common Council specifically notes that the South Berd Police Administration has instituted many cost-saving measures in 2008. Examples include instituting a payroll deduction system for gasoline consumption; reducing the number of qualification shoots; reducing the fleet size; reducing the number of department cell phones, etc. In 2009, the South Bend Police _ Department has continued the payroll deduction for gasoline consumption; has limited the number of combat shoots; continued the reduction of qualification shoots; is re-using car equipment instead i_ _of purchasing new equipment; is scrutinizing the use of recall; as well as many other cost-saving ~_ .. :,: < .- South Bend Police Department User Fee Ordinance Page 2 measures. Despite these fiscal measures, funds through user fees for special police services are needed .in order to maintain the quality and the level of police services expected and needed by the South Bend community. Other communities have implemented a variety of cost recovery measures, many of which include charging for such special public safety services. In light of the cost to the South Bend Police Department to provide such special police services, the Common Council believes that police service fees and charges are necessary in order to assure that the quality of public safety services to the citizens of South Bend are not jeopardized or compromised. Reasonable fees to off-set the fiscal impact of providing special police services for non-municipal functions such as dignitary protection are necessary and fiscally prudent. The Common Council further notes that it has the authority to impose reasonable fees for services under Indiana law. More specifically, Indiana Code § 36-4-6-18 authorizes the legislative body to pass ordinances and to control "...the city's property and fmances, and the appropriation of money". Furthermore, under the State of Indiana's "Home Rule" legislation, units of government have "...all the powers that they need for the effective operation of government as to local affairs", Indiana Code § 36-1-3-3. Furtliermore, Indiana Code § 36-8-2-4 authorizes regulations based on public health, safety or welfare considerations. -The proposed ordinance is believed to be in the best interests of citizens and the City of South Bend, Indiana; furthers the public health and safety of the entire community; and represents good business and fmancial management practices. ~/~~ ~;~,, ~ ~t~~d l~ t~ ~vammwx ~~~1 of the City of South Bend, Indiana, as follows: Section I. Chapter 14 of the South Bend Municipal Code is amended by the inclusion of new Article 10 which shall read in its entirety as follows: ARTICLE 10. USER FEES FOR SPECIAL PUBLIC SAFETY SERVICES PROVIDED BY F THE SOUTH BEND POLICE DEPARTMENT Division I User Fees for Police Special Services Involving Di~nitary/VIP Protection. Sec. 14-65 User Fees Established for Non-Municipal Dignitary Protection Police Services. (a) The following user fees shall be charged by the South Bend Police Department to the responsible party who invites, sponsors or hosts an event which requires or requests non-municipal dignitary protection special police services. Such non-municipal dignitary protection special police -services may include but are not be limited to time actually spent by assigned or ordered sworn members of the South Bend Police Department involved in the pre-planning meetings/conferences (in-person, telephonic, web meetings); consequence management preparation; crisis management preparation; transportation/traffic details; credentialing; training; interagency communications; South Bend Police Department User Fee Ordinance Page 3 intelligence gathering; and related special police services required for the protection and operational planning of the VIPs or dignitaries: (1) Sixty-Five Dollars ($65.00) per hour per sworn police officer assigned or ordered to provide non-municipal dignitary protection police special detail; and (2) Computation of the time set for above shall include any fraction of an hour and shall run from the time of dispatch or deployment for such non-municipal dignitary protection police services; (b) The rates of the user fees are reasonable and just rates and charges for such special police services. (c) The South Bend Police Department is authorized to make reasonable rules and regulations as maybe determined necessary or expedient with regard to billing and collection of the user fees and charges authorized herein, which are not inconsistent with the intent of this Division. (d) The Chief of Police may only waive charges for the deployment by the South Bend Police Department's motorcycle escorts, bomb detail, or SWAT Team based on a case by case determination. Sec. 14-66 Mileage Fees for Services Provided by Sworn Members of the South Bend Police Department to Sites Located Outside of the City Limits. Mileage fees shall be charged for each vehicle used by the South Bend Police Department which is involved in each non-municipal dignitary protection police special services detail. Such mileage fees shall be $ 12.84 per mile from the point of dispatch for the round trip, with a minimum of one (1) mile being charged. Sec. 14-67 Payment Agreements in Lieu of Charges Established in Sections 14-65 and 14- 66. (a) Written payment agreements between the responsible parry who invites, sponsors or hosts an event which requires or requests non-municipal dignitary protection special police services and the City may be entered into which waive the user fees addressed in Sections 14-65 and 14-66 if other specific payment arrangements are agreed upon for such needed special police services. (b) Each such payment agreement is valid only if it is approved by the responsible party, the Chief of Police, and the Common Council prior to the event, with the Council's action being taken by the adoption of an appropriate resolution approving the terms of payment. Any such payment .agreement shall be subject to the provisions of Section 14-70 of this Division. South Bend Police Department User Fee Ordinance Page 4 Sec. 14-65 User Fees and Charges to be Deposited into Fund # 220. All fees and charges collected pursuant to this Division shall be deposited into Fund # 220, the Law Enforcement Continuing Education Fund. Sec. 14-69 Quarterly Reports From the South Bend Police Department. Quarterly reports summarizing the number of non-municipal dignitary protection police special services provided by the South Bend Police Department, total amount billed, total amount collected, and information related to the regulations in this Division shall be filed by the South Bend Police Department at the beginning of each calendar quarter with the Office of the City Clerk. Sec. 14-70 Penalties for Failure to Pay. (a) A responsible party shall be subject to a penalty for failure to pay the full amount of a chazge under this Division within sixty (60) days after the issuance of the bill for payment by the South Bend Police Department. (b) Ten percent (10 %) of the amount of the chazge that remains unpaid on the due date shall be the penalty amount. Sec. 14-71 and Sec. 14-74 Reserved for Future Use. 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. ' ~ Council Member Kazen L. White Healt~& Public S~ety Committee Chairperson S council Me - er Thomas LaFountain Personnel '~d Finance Committee Chairperson Council Member Henry Davis, Jr. Community Relations Committee Chairperson South Bend Police Department User Fee Ordinance Page 5 John Voorde, City Clerk ~J',~~~d by me ~to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the day of , 2009, at o'clock _. m. Janice Talboom, Deputy Clerk ~,d ~,,/ ~,/ by me on the day of o'clock .m. Stephen J. Luecke Mayor City of South Bend, Indiana 2009 at ~I~~'~ ~~ ~~~1'~a'~ ~t~{~~ ~,P~ - s 2aa9 1 st READING " PUBLIC HEARING -~ _ ,iGi ~i`I'JQGFJi; 3rd READING _ ~ CITY CLEc K, SQ• BEt''Q' l~' NOT APPROVED _ REFERRED PASSED ~ ~pU Td€ ~~,~ w~~\E",~v~~a 1865 ~ 44I County-City Building .227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Derek D. Dieter President Oliver J. Davis Vice-President Ann Puzzello Chairperson, Committee of the Whole Derek D. Dieter First District Henry Davis, Jr. Second District Thomas LaFountain Third District Apri18, 2008 Members of the South Bend Common Council 4~' Floor County-City Building South Bend, Indiana 46601 Re: Cost Recovery for Special Police Services Dear Council Members: (574) 235-9321 Faa (574) 235-9173 TDD (574) 235-5567 http: //ww«:southbendin. gov Last year, we were part of the team which represented the South Bend Common `Council on the City Advisory Negotiating Team during the negotiations with the Police Off cers representing the Fraternal Order of Police South Bend Lodge No. 36. During those bargaining sessions, all parties agreed to look into all reasonable mechanisms to address possible new sources of revenue to assist in the financing of needed public safety services. We are pleased to introduce for your consideration an ordinance which would create Ann Puzzello reasonable and just rates and chazges for such special police services involved for Fourth District non-municipal dignitary protection. David Varner Fifth District In 2008, non-municipal dignitary protection costs to the South Bend Police Department for time reflected in blue cards submitted for payment was $16,513. Oliver J. Davis 'That cost does not reflect additional costs incurred by the Police Department to Sixth District provide such special police services. In light of the location of the airport, our police ' " department is called upon on numerous occasions to provide dignitary protection for Kirsits Buddy Al individuals who attend events located outside of the city limits. Last yeaz's events at At Large Mishawaka High School, and an event held in Elkhart earlier this year, are just some Timothy A. Rouse examples of unexpected expenses incurred by the South Bend Police Department At Large .where they were required to provide special police dignitary protection. Karen L.' White On November 10, 2008, Police Chief Darryl Doykins summarized the numerous At Large cost-saving measures he implemented in 2008 and those that would be in place in _ 2009 for the South Bend Police Department. Despite those policies, unanticipated costs like tfiose incurred for dignitary protection go above and beyond the regular police services. We believe that user fees for special police services are needed in order to maintain the quality and the level of police services which are expected and needed by the South Bend community. We further believe that police service fees and charges for special police services are. necessary, in order to assure that the quality of public safety services to the citizens of South Bend are not jeopardized or compromised. Cost Recovery for Special Police Services -Page 2 -- ~ _. a f ~1~~~ ;\,P ~ o ,; ~i i"i4~ ~V :lfl~t~ Other communities have implemented a variety of cost recovery mea~»-~a~y-Of~v c mclude charging for such special public safety services.. In light of the cost to the South Bend Police Department to provide such special police services, we are proposing regulations which would off- set the fiscal impact of providing dignitary protection for non-municipal functions. The proposed ordinance would: • Authorize the South Bend Police Department to charge the responsible party who invites, sponsors or hosts an event which requires or requests non-municipal dignitary protection special police services • Establish an hourly rate charge per sworn officer based on the ongoing costs incurred by the police department based on personnel costs, fringe benefits costs, training costs, and related expenses • Authorize the SBPD to establish reasonable rules and regulations for billing and collection similar to those in place in the SBFD for their special services • Establish a mileage fee rate for vehicles used in each non-municipal dignitary protection special police service detail • Authorize the option of a payment agreement which must be approved by the responsible party, the Chief of Police and the Common Council prior to the event in lieu of the established charges • Require all fees and charges collected to be deposited into the Law Enforcement Continuing Education Fund • Require quarterly reports from the SBPD summarizing data • Require payment within sixty (60) days of the date of billing with a ten percent (10%) interest rate being charged on any balance remaining unpaid As:elected officials of the City of South Bend, we are proud of its m and women who provide exemplary police services on a 24/7 basis. The proposed ordinan is uned to assist in funding, so that the City's police operations needed by our citizens, will , b/e 'eop~zed `';u~k~au. Sincerely, Council Member Karen L. White He d Public fety Chairperson Coun ' tuber Ann zello Health & Public Safety Vice-Chair ~'ouncil~mber Thomas LaFountain Personnel and Finance Chairperson Council Member Henry Davis, Jr. Community Relations Chairperson ~.- t~~ ~~~~E c~c~-~~ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 445 S MEADE STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36- 7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY.OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 445 S. Meade Street in order to permit'a special exception to allow a duplex. SECTION II. Following a presentation by the Petitioner, and a$er proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: The proposed use vrill nct be ir~juri:,us to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. Member of the Common Council Ci t'' _ ., ~ ~:, ~3 ~~~3'liL~ cats r„tyy: tip. G(3~,~~ t..~~i~. ,d' ttfi:~ c.CllO~i G;1 ~`li~ ltd, PRESENTED ~`t3-~~ 1VaT APPRGYED -- a .. ~~~~d ~t~ ~t~I"~5'~ ~~ia1~~ FEg 2 4 2009 _~ aa~rtvao~c~ Ct1Y CLERK, gg, gct~D, lN. ADOPTED BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND PETITION ~PPLICAIQT' S NAME (~ e. ~ PHONE ~1T ~' ~~ ` r ADDRESS ~ ~ i (~ l? ~~ 1'' ~~ l/fft Ih e ~D ~~ ~v E7 ~~ ADDRESS OF PROPERTY ~ 5 ?RESENT ZONING OF PROPERTY /~ OWNER' S NAME _~( Gt~/ C(' ~ C~ ~ I/ `e ~- PHONE^~7 ~~ - ~ ~~- ( ~~ ADDRESS ~~ 7 D (9 t C' Iv _~ ~~~ t ` ~~c i ~OUNSEL OR CONSULTANT ~DDRES S dATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: attest under the penalties for perjury, that the foregoing representations are :rue, PHONE 3icjnature of Property Owner ls) ~-~ ~' :{~. ._ ~ 1 __~ `'~-. ~~ ~" i ~ _, ~ ~~ j ~ -~ ~~ --~ -- - _ ~,7'l ~ ~~ w ~`1 } ~ - ~ ~ ~ .. -~ r~ ~ ,~~ 9I ~ ~ ~ ~~~y ~.. ~~ ~ ~~ ----.~ ~~ ~ le ~,/ 0 44'x- Q`d~ 1d 1.' ~ ~ nS . 0 9~ .~ ~ /y `~ _ , Maria Galvez 445 Meade St. South Bend, IAt .46619 February 6, ZQ09 To whom It 1VIay Concern: The proposal is to make a duplex in the back of 445 Meade St. South Bend, IN 46619. The reason for this being that it is too big for a single family to live there. Since the apartment has a basement, farst, and second floor it is necessary to make it a duplex. It will also be necessary to install an electric meter. In addition, I am currently paying taxes for three family units and I currently only have two electric meters. These will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare of the public. The proposed use will not injure or adversely affect the use of the adjacent area or property values; of any of the neighbors or surrounding public. It has its own pazking space and it will not cause any disturbances to the public. The proposed use will be consistent with the character of the district in which it is located and that is St. Joseph County, the land uses authorized therein; and it will follow all of the public laws of the City of South Bend and the state of Indiana. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Flan. CeIS t+ OUflly rm~cw Rec PARCELiD NAME_1 TAXMAIL.ADD TAXMAILCIT 1 0 18-4035-1277 PERRIER JOSHUA M 6 07 W CALVERT SOUTH BEND IN 46619 PRICE DONALD R 8: 2 018-4024-0833 MICHELE D PROBLEM DE 430 S MEADE ST SOUTH BEND IN 46619 3 018-4035-1280 PIOTROWSKI ERNES? L 2629 W HURON ST SOUTH BEND IN 46619 - 4 018-4035-1281 KALAMAJA PAMELA JOY 2625 HURON SOUTH BEND IN 46619 KWIATKOWSKI PETER 5 018-4035-1282 CHESTER 2621 W HURON ST SOUTH BEND IN 46619 KWIATKOWSKI PETER 6 018-4035-1283 CHESTER 2621 W HURON ST SOUTH BEND IN 46619 CIESIELSKI HARRY S & :~ 7 018-4035-1284 KATHY J 66700 MULBERRY RD LAKEVILLE IN 46536 SANTANA ROBERTO C & 8 018-4035-1285 LUCILA 439 MEADE ST SOUTH BEND IN 46619 9 018-4025-0846 CHERRY MARY L MISC 438 S MEADE ST SOUTH BEND IN 46619 10 018-4025-0849 PATEL JUDITH A 2513 W HURON ST SOUTH BEND IN 46619 11 018-0025-0850 2507 RETE LAND TRUST 2913 MISHAWAKA AVE SOUTH BEND 1N 46615 ROMERO EMIGDIO i~ 12 018-4025-0851 VELAZQUEZ LETICIA 5203 W SAMPLE SOUTH BEND IN 46619 POSELEY STEVE R 8 1 3 018-4036-1311 ALICE E POSELEY 24741 NECEDAH DR ELKHART IN 46516 NAVARRETE WENESLAO 1 4 018-4036-1312 & MIREYA J JT W/EROS 2625 GRACE ST SOUTH BEND IN 46619 15 018-4036-1313 AMARUSO JOHN 2619 GRACE STREET SOUTH BEND IN 46619 16 018-4036-1314 FARHAN ABDAL R 2617 GRACE ST SOUTH BEND IN 46619' ~- 17 018-4035-1260 2627 MONROE ST LAND TRUST LLC 2627 MONROE SOUTH BEND IN 46619 . 18 018-4035-1261 SMITH LINDA K 1/2 INT & LINDA K EDGIL 1/ 2617 W MONROE SOUTH BEND IN 46619 ~~ 018-4036-1315 IWELLER NYE CHERYL H 12615 GRACE S7 SOUTH BEND IN 46619 RUBLESKI JAMES C & 20 018-4036-1316 JUDITH A 515 S MEADE ST SOUTH BEND IN 46619 21 018-4025-0869 WENTLAND EUGENE J. AND PHYLLIS M. 518 S. MEADE ST. SOUTH BEND IN 46619 22 018-4036-1288 SMITH RAY D & CLARA A 506 S KALEY STREET SOUTH BEND IN 46619 23 018-4036-1300 MAGANA JOSE 2630 W HURON ST SOUTH BEND IN 46619 24 018-4036-1301 JESENSKY JOHN AND HELEN 2626 W. HURON ST. SOUTH BEND IN 46619 PERFOMANCE ~ PROPERTIES NETWORK 8-4036-1302 LLC 4935 WESTERN AVE DOWNERS GROVE IL 60515 26 018-4036-1304 CIESIELSKI ANDREW. ,STEPHEN, BROYLES TE 2614 W HURON ST SOUTH BEND IN 46619 27 018-4036-1305 AGUILERA VERONICA 501 S MEADE ST SOUTH BEND IN 46619 28 018-4025-0860 MARKS LINDA S 62481 PINE RD NORTH LIBERTY IN 46554 29 018-4025-0863 LEHMAN BROTHERS BANK FSB OPTION ONE 2020E 1ST ST SUITE 120 30 018-4025-0864 DIAZ JUAN 2510 HURON ST SOUTH BEND IN 46619 31 018-4025-0865 KOWALIK ENTERPRISES INC 2236 MILLERS CT MISHAWAKA IN 46544 3 2 018-4025-086801 ST ADALBERTS PARISH 2400 HURON ST SOUTH BEND IN 46619 nnooco'r' Tunnnec a S~1 S MFAnF ST SOUTH BEND IN 46619 34 018-4036-1289 SMITH RAY D & CLARA A 2505 FORD 5T SOUTH BEND IN 46619 35 018-4036-1306 WILSON DAVID 505 S MEADE ST SOUTH BEND IN 46628 36 018-4025-0861 COPLEN PATRICIA 506 S MEADE ST SOUTH BEND IN 46619 37 018-4035-1278 ALEMAN ARNULFO 8 ESPERANZA 450 S KALEY SOUTH BEND IN 46619 38 018-4025-0847 CHANON CARLOS & CARMEN G 442 S MEADE ST SOUTH BEND IN 46619 39 018-4025-0870 THOMAS RICHARD J 522 S MEADE ST SOUTH BEND IN 46619 40 018-4036-1317 NDEGWA PAUL K 517 S MEADE SOUTH BEND IN 46619 41 0 18-4036-1290 RENEW INC 7 19 OAK ST S OUTH BEND IN 46616 42 0 18-4036-1307 PALMA GILBERTO S 5 09 MEADE ST S OUTH BEND IN 46619 43 018-4025-0862 AMERICA NATIONAL TRUST AND SAVINGS ASSOC 555 ANTON BLVD BC-071 COSTA MESA CA 92626 44 018-4035-1262 SMITH LINDA K 1/2 INT & LINDA K EDGIL 1/ 2617 W MONROE SOUTH BEND IN 46619 45 018-4035-1279 MIRAMONTES SALVADOR 454 S KALEY ST SOUTH BEND IN 46619 46 018-4035-1287 GALVEZ MARIA 733 PHILLIPA ST SOUTH BEND IN 46619 47 018-4025-0848 AJP REAL ESTATE GROUP LLC PO BOX 232 MISHAWAKA IN 46546 48 018-4035-1286 LOCHMONDY CAROL 8 IRENE NEMETH RESERVING 114 ACADEMY PL SOUTH BEND IN 46616 49 018-4035-1265 KALICKI KENNETH J & ESTHER B 421 S MEADE SOUTH BEND IN 46619 50 018-4024-0820 SINGH AVTAR 422 S MEADE ST SOUTH BEND IN 46619 51 018-4035-1276 GARCILAZO SERAFIN 8 MARIA GUADALUPE 429 S MEADE ST SOUTH BEND IN 46619 52 018-4035-1268 WOODARD EDDIE LOUIS %WELCH CLAUDIA M 2514 KENWOOD AV SOUTH BEND IN 46626 53 018-4024-0834 SCHNEIDER MONICA H 434 S MEADE ST SOUTH BEND IN 46619 5 4 018-4035-1269 KOWALIK ENTERPRISES INC 2236 MILLER CT MISHAWAKA !N 46544 5 5 018-4035-1270 DOMINGUEZ JAVIER 2618 W MONROE SOUTH BEND IN 46619 5 6 018-4035-1271 DOMINGUEZ JAVIER 2618 W MONROE SOUTH BEND IN 46619 57 018-4035-1272 DOMINGUEZJAVIER 2618 W MONROE SOUTH BEND IN 46619 58 018-4035-1273 DOMINGUEZ JAVIER 2618 W MONROE SOUTH BEND IN 46619 59 018-4035-1274 BANDERA RICHARD J AND GERALDINE T 425 S MEADE ST SOUTH BEND IN 46619 60 018-4024-0832 SAENZ RENE 426 S MEADE ST SOUTH BEND IN 46619 61 018-4024-0835 WILSON GREGORY 2506 W MONROE ST SOUTH BEND IN 46619 62 018-4024-0836 WILSON GREGORY 2506 W MONROE SOUTH BEND tN 46619 63 018-4024-0837 PENROD BRADLEY A 5211 CHIPPEWA TRL FORT WAYNE IN 46804 64 018-4035-1267 ZSEDENY JOSEPH 56420 WESTLEA DR SOUTH BEND IN 46619 65 018-4035-1275 GARCILAZO SERAFIN & MARIA GUADALUPE 429 S MEADE ST SOUTH BEND IN 46619 18-4035-1287 Inronnalion shown on this map is not wartarted far accuracy or~ne rchantabilily. Reproduction of this material Is nal possible without written permission o151. Joseph Courtly, Indiana. N Photography:Spdng 2D02 Prepared by: W ~ E SI. Joseph County Auditor's Once 227 W. Jefferson Blvd. 3 ' ~ ~Soulh Bend, Indiana 46601 Phone: (574)235.8463 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 March 20, 2009 The Honorable Common Council of The City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Maria Galvez BZA 3/19/09 Dear Council Members: The above referenced petition of Maria Galvez was legally advertised on February 25, 2009. The Board of Zoning Appeals gave it a public hearing on March 19, 2009 at which time the following action was taken: Upon a motion by Ms. Wilder-Hamilton being seconded by Mr. Kilbase and unanimously carried, the petition for Special Exception to allow a duplex in an "SF2" district, on property located at 445 S. Meade Street, is sent to the Common Council with a Favorable Recommendation. The deliberations ~of the Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincere , ~:. Charles C. Bulot Building Commissioner _ - - CCB/cah GALVEZ (duplex in "SF2") SPECIAL EXCEPTION PURSUANT 21-09.3(D} BOARD OF ZONING APPEALS CITY OF SOUTH BEND, INDIANA FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: SUBJECT TO THE REZONING AND TO ALLOW A GROUP RESIDENCE FOR WEATHER RELATED EMERGENCY AS SET FORTH BY THE ST. JOSEPH COUNTY CONTINUUM CARE DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 19th Day of March,~2009. YES NO ® RICHARD KILBASE ® ~ CHRISTOPH HOFFMAN ® MAURICE HOBAN ® ELONDA~WILDER-HAMILTON