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HomeMy WebLinkAbout04-27-09 Common Council Meeting Agenda & PacketAGENDA REVISED AGENDA SOUTH BEND COMMON COUNCIL MONDAY, APRIL 27, 2009 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 7:00 P.M. 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 22-09 PUBLIC HEARING 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 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 FOR THE CITY OF SOUTH BEND, INDIANA 27-09 PUBLIC HEARING 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 29-09 PUBLIC HEARING 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 25-09 PUBLIC HEARING 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 .PUBLIC HEARING 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 28-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CREATING A NEW POLICE TAKE HOME VEHICLE FUND #278 8. BILLS, THIRD READING TIME: BILL N0. 22-09 THIRD '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 RUNNIi1G 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 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 27-09 THIRD 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 29-09 THIRD 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 SEND POLICE DEPARTMENT 25-09 THIRD 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 THIRD 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 28-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CREATING A NEW POLICE TAKE HOME VEHICLE FUND #278 9. RESOLUTIONS BILL N0. 09-33 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 10. BILLS, FIRST READING BILL NO. 30-09 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF WASHINGTON STREET FROM FRANKLIN STREET TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115.5 FEET, MORE OR LESS AND A WIDTH OF 14 FEET. BEING A PART OF VAIL'S SUBDIVISION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 31-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO REDUCE 2009 BUDGET APPROPRIATIONS IN MOTOR VEHICLE HIGHWAY FUND (#202) 32-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO REDUCE 2009 BUDGET APPROPRIATIONS IN COMMUNITY AND ECONOMIC DEVELOPMENT FUND (#212) 33-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL MONIES FROM THE GENERAL FUND (#101), THE COUNTY OPTION INCOME TAX FUND (#404), AND MOTOR VEHICLE HIGHWAY FUND (#202) 34-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL MONIES FROM VARIOUS FUNDS WITHIN THE CITY OF SOUTH BEND 11. UNFINISHED BUSINESS A. REPORT FROM BOARD OF ZONING APPEALS 1. BILL NO. 09-35 - SPECIAL EXCEPTION - 244 S OLIVE ST. B. REPORTS FROM AREA PLAN COMMISSION 1. BILL NO. 13-09 - REZONING - 2517 & 2521 WESTERN AVENUE 2. BILL NO. 16-09 - REZONING - 117 N. TAYLOR STREET 3. BILL NO. 21-09 - REZONING - 244 S. OLIVE STREET 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: /area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 Apri122, 2009 ,S U. ~ S-~c_ °~.~~--- ~-.~c. ~~ ~ 1 `.' r`~ ,, ~ ~ -O The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Reyna Benitez to zone from MU Mixed Use District to CB Commercial Business District, property located at 2517 & 2521 Western Avenue, City of South Bend - APC# 2505-09 Dear Council'Members: I hereby Certify that the above referenced ordinance of Reyna Benitez was legally advertised on Thursday, Apri12, 2009 and that the Area Plan Commission at its public hearing on Tuesday, Apri121, 2009 took the following action: Upon a motion by John McNamara, being seconded by Daniel Brewer and unanimously carried, the proposed ordinance of Reyna Benitez to zone from MU Mixed Use District to CB Commercial Business District, property located at 2517 & 2521 Western Avenue, City of South Bend is sent to the Common Council with an unfavorable recommendation. This site is currently being used in compliance with the Mixed Use District. The increased intensity of adding this auto-related business is not compatible with the residential properties to the north and will be detrimental to the surrounding neighborhood. A change in zoning will require a number of variances since the site cannot comply with landscaping and parking requirements due to its small size. 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, r~ G(, ohn W. Byorn JWB:jsc Attachment Reyna Benitez Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana - K~~ vSi.~ 1 .,•"rs ..r a _'"' `ti ` e •, ~y ... icy A h~ ..,,~' :t ?~ ., ~~ t.N,~.ww~_Y1,R7~.y."•+~.'4.!v.r 4 ~ ~ ' '. 7 i .. `7: ~ ~{~J! e ... ,+-r v ~ ~~ f'~'x~ ~ J~S7t1Arw~.: ~~i `\\ - ~' - ... ~q ~ ~^' Staff Report APC # 2505-09 Owner: Reyna Benitez Location: 2517 & 2521 Westem Avenue Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to CB Commercial Basiness District to allow Collision Car Repairs. Land Uses and Zoning: On site: On site is a vacant commercial building. North: To the north is an alley and two vacant lots zoned SF2 Single Family and Two .Family District. East: To the east is a junkyard zoned LI Light Industrial District. South: To the south is a beauty shop and 2 apartments. On the south side of Western Avenue is a vacant commercial building, a church, and an auto business zoned MU ]Mixed Use. West: To the west is a vacant commercial building and single family home zoned MU Mixed Use District. District uses and development standards: The CB -Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are o$en large space users which may include limited amounts of outdoor sales or outdoor operations. Developments within the CB District shall be coordinated to facilitate vehicular and pedestrian access from neazby residential districts. Site plan description: The site is 7,200 square feet. The proposed auto repair will use 2,400 square feet of the existing building. The building covers 33% of the site. The paved area covers 4,800 squaze feet or 67% of the site. There is no measurable open space. The site has access from Westem Avenue. The access to the caz repair portion of the building is from the alley to the north. Zoning and land use history & trends: Prior to 2004, this property was zoned C Commercial. When the new zoning map and ordinance were passed in 2004, properties on both sides of Western to Kentucky Street, were rezoned to MU Mixed Use. Traffic and transportation considerations: Westem Avenue : is a four lane road. There is an alley to the east and north of this site. Additional informations (Agency comments) Building Department: If the entire property is rezoned, the use of the residential units will be jeopardized. Because of the proximity to residential, building upgrades (i.e. firewall) will be required prior to occupancy. City Engineer. The alley cannot be used to park vehicles. Community and Economic Development: This rezoning would have a negative effect on the area's appearance and would work against the revitalization efforts of the City and the neighborhood. Further concerns are the small size -and mid-block location of the rezoning. Reyna Benitez #2505-09 Page 1 of 1 5 Criteria (per IC 36-7-~-603): 1. Comprehensive flan: Policy Plan: . City Plan South Bend Comprehensive Plan. November 2006 UD 42 Establish attractive gateways at key entry points into the city and ensure aesthetically pleasing street amenities along those corridors. Western Avenue forms one of the longest "gateways" into the city. Land Use Plan: The Future Land Use Map shows from this site, west to Bendix Drive, as Mixed Use. Plan Implementation/Other Plans: A Vision Plan for the Commercial Corridor of The Western Avenue of South Bend. Indiana Western Avenue Threats: The absence ofoff-street parking frustrates potential shoppers and discourages individuals thinking of opening businesses along Western Avenue. The revitalization of Western Avenue corridor must take into account the neighborhoods for a successful corridor redevelopment. 2. Current conditions and character: The Western Avenue corridor largely consists of small businesses on tightly spaced lots. Meade Street north of Western Avenue has single family homes. The present business and apartments connected to the proposed use are currently allowed in Mixed Use. Auto-related uses are not. 3. Most desirable use: The most desirable use for this parcel is mixed use of residential and less intense business use. Y• "Y"' The property values of the single family homes to the north may be negatively affected. 5. Responsible development and growth: It is responsible development and growth to maintain the existing uses and not increase the intensity. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. . Analysis: This site is currently being used in compliance with the Mixed Use District. The increased intensity of adding this auto-related business is not compatible with the residential properties to the north and will be detrimental to the surrounding neighborhood. A. change in zoning will require a number of variances since the site cannot comply with landscaping and parking requirements due to its small size. Reyna Benitez #2505-09 Page 2 of 2 I~. m j ° _• A ~ ~ ffi.daniw c m fi m =_o° V ~ ©® ® y m ` a ~, 3aa+IS ®AIIO IS WIO U ~ Polish Natlonal Assoeladon - of dwest M er m E $ o a. hlco's Res urent c o c Brink's rHy aP p A.c. RICA a co. _ g es m Body Shop ' ~ ~ c sate of M I co Reataurent Roale's r s is Stan ind Ted'a l.a mower Sales ~LgJl~~] Jasmine' Ice CreamSbop ~ '-'1T®1Ct~ ocal Cua tUnlon b ~0 APaa m C R J Auto ales - Rosales an (grocery store)' Perfect Touch Hair Salon ffi - New Cre on Ministry Shce's La Ros ~ g U W Chlrago equarla (reetaure~R) C ~s ww~n a Denm rk (bar I tavern) Q Power rake 6 Sprln ~ r . ` ~ V Cenfnl P nderfa (bakery) r+ r+ rn N ~ ` ~ ~ ffi »wn tU C R & ~ ~ ~ Ibarta Aut Sales ' ~ c~n~a.x ~~ f Hot eels Aulo Sales C fA O ~ w r + Pow Brake 3 Spring 40 ++ ~ Harrison Elementary Scho N d ffi •C ~ ~ Fam Dollar ~ ~ ~ `~' ~ ffi°"^ Alibi inn 0 ~ ~ `~°' ~ N s' Gogh Mlnl MaR (gas station ' _ a N V" ieumna • d ~ O C •N ~ m Munchie MaR .a,..~ ffi.euWH Rlceh ecorda S Audio That Cheese ke Place 0 MaAn's resnhouse m ~ estslda ardware ffiwMoM e ~ ® 6W~M ~ Sunshine ollday Laundry ~ Ls ILJ Porter Ca s Locok Mex can Restaurant 1,a ca Auto 3alea t Stop quor ffi~ a= upsr Clean (rar wash) o Auto Zons Panda Aut Sales, MuRier 6 Brake , )eagg uep(~e4S 9 s S ~ ® , ~ m ~`~ ~ ~ Ln^I any YOW r ~~ ~-'°~ ~re~ ~~~~ ~®rrrlr~iSSi~~ Q~ S~. ~a~~~~ ~~u~~~~:y 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 vwvw.stjosephcountyindiana.com/areaplan Fax 574 235-9813 Apri122, 2009 ~ L ~ ` ~ ~ - l The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Donald Kenneth Irminger III to zone from MU Mixed Use District to SF2 Single Family and Two Family District, property located at 117 N. Taylor Street; City of South Bend - APC# 2507-09 Dear Council Members: I hereby Certify that the above referenced ordinance of Donald Kenneth Irminger III was legally advertised on Thursday, Apri12, 2009 and that the Area Plan Commission at its public hearing on Tuesday, Apri121, 2009 took the following action: Upon a motion by John DeLee, being seconded by Daniel Brewer and unanimously carried, the proposed ordinance of Donald Kenneth Irminger III to zone from MU Mixed Use District to SF2 Single Family and Two Family District, property located at 117 i1. T ayiur Strec% Ciiy of Suuih Bend is sent to the Common Councii with a favorable recommendation. It is appropriate at this time to allow the continued and expanded use of this site as a residence. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, W-' LL~~ ~/~W. Byorn JWB:jsc Attachment Donald Kenneth Irminger III Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Rea~ort APC # 2507-09 Owner: Donald Kenneth Irminger III Location: 117 N. Taylor Street .T~arisdistion: 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 existing single family home. Land Uscs and Zoning: On site: On site is an existing single family home. North: To the north is a single family home zoned MU l~tixed Use District. East: To the east across Taylor Street is the parking lot for an office building. South: To the south is a vacant lot owned by the petitioner. West: To the west aze apartments zoned MFl Urban Corridor Multifamily 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: No site plan is required. There is an existing house. Traffic and transportation considerations: Taylor Street is two lanes. The is no alley access. 5 Criteria (per IC 36-7-'4-603): 1. Comprehensive Plan: Policy Plan: _ City Plan South Bend Comprehensive Plan. November 2006 H 2.6 Encourage homeowners to maintain theirhomes. The addition of a garage supports the continued use of the site as a single family home. Land Use Plan: The future land use plan shows this azea as Mixed Use and Multi-family. 2. Current conditions and character: There is a small apartment building at northwest corner of Taylor Street and Washington Street. Just north of that is a janitorial business. The rest of the block north to Colfax Street consists of single family homes. The northeast comer of Taylor Street and Washington Street is an office building and parking lot. At the southeast corner of Taylor and Colfax is a printing business. The general uses within several blocks is a mixture of single family, multi-family, and office. 3. Most desirable use: The most desirable use is to maintain the continued use of the existing house as a residence. Donald Kenneth Irminger III #2507-09 Page 1 of 1 4. Conservation of property values: The surrounding property values should not be affected. ~. P~esponsible development and grow~tln: It is responsible development and growth to allow a single family home to continue to be used as such. flZeeoffiffiendation: 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. ~ffialyses: It is appropriate at this time to allow the continued and expanded use of this site as a residence. Donald Kenneth Irminger III #2507-09 Page 2 of 2 4 ' ~ s t ~ ~ ~ ; ~ y~ i; ,..~.z.fi.- k i a h 1 ~. ''ssp, ~ ~ ~~~~ L _{ + ~r~ n c k ~ ~e ,``E ~ ' . ~ q q ` o. 'F ~T Y. ~ ~ .-' ~ e ~ s y ~ ,_~ , r,. ~ r , is !. s ~~ t .^. d `..~ i F a a~e~ ~ yi ~~ ~.. ~ ' ? ~' .~~~ 'Jt' r i ~ ~' ~ ~-r ~ Y' ~ ~k 3 2 rte'' ~_ 'L.L,i .:f ~1 ~'L ~ i~;' ,y4~ 1 ~ ~_ I7 ~ p ~ fl ~ t 1 ' ~ I 1 r , Colfax Washington 0 L Q 1"~ L ~" Rezoning from: "M L!" i+~I~E~ U ~E ~I~TRICT ~o ••~~~" ~E~'{C~L~ ~~~+-aL~' ~ Ti~~ F~I~fIL~ ~a~TRI~T Zuni ng Bey SOUTH BEND "SF2" SINGLE FAAAILY& TWO pAMILYDiSTRICT SOUTH BEND "MF1"URBAN CORRIDOR MULTIFAMILYDISTRICT ~;i;,;`r•.: SOUTH BEND "MU"MIXED USE DISTRICT w ~ s 1 inch ~qu~l~ °i 2 f~~t 1~~ ~4J~'~w~ ~,r~a flan Commission ®~ fit. Jo~~ph G®ul~t~ 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 April 22, 2009 ty.~ C~ The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of 244 South Olive, LLC to zone from GI General Industrial District to CB Community Business District, property located at 244 South Olive Street, City of South Bend - APC# 2510-09 Dear Council Members: I hereby~Certify that the above referenced ordinance of 244 South Olive, LLC was legally advertised on Thursday, April 2, 2009 and that the Area Plan Commission at its public hearing on Tuesday, Apri121, 2009 took the following action: Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried, the proposed ordinance of 244 South Olive, LLC to zone from GI General Industrial District to CB Community Business District, property located at 244 South Olive Street, City of South Bend is sent to the Common Council with a 1QvlJi altJie recommendation. This rezoning will allow for the expansion of an existing commercial business in what is currently an underutilized business center. By allowing the split zoning of GI General Industrial and CB Community Business, the subject parcel will be able to be fully utilized. 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, ~ ~ ~~`S! -%~ hn W. B omi Y JWB:jsc Attachment CC: 244 South Olive, LLC Gregory A. Kil Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff l~eaort APC # 2510-09 ®vYner: 244 South Olive, LLC Location: 244 South Olive Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from GI General Industrial District to CB Community Business District to allow Auto Sales. Land Uses and Zoning: On site: On site is a 22,396 square foot multi-tenant building zoned GI General Industrial District. North: To the north is a U.S. Post Office zoned GI General Industrial District. East: To the east is a roofing supply facility and a distribution center zoned GI General Industrial District. South: To the south is a vacant lot and a gas station zoned GI General Industrial District. West: To the west is a freight shipping center zoned GI General Industrial District. District uses and development standards: The "CB" Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The site is approximately 85,984 square feet. The subject property contains a 22,395 squaze feet building that covers aoproximatly 26% of the site_ The site elan shows 120 parking spaces at 59,510 squaze feet or 69% of the site. The remaining 5% of the site is shown as open space. Zoning and land use history ~ trends: Since 1996 the subject -property has been zoned for industrial uses. The pazcels immediately adjacent to the subject parcel aze all zoned GI General Industrial district. Two parcels located on the northeastern and northwestern comers of the intersection at Western Avenue and Olive Street are zoned CB Community Business District.. Traffic and transportation considerations: Olive Street is two lanes. Utilities: The site will be served by public water and sewer from the City of South Bend. Additional information: (Agency comments) The City Engineer reconunends paving the south access easement. The City Planner responsible for the Westem Avenue Steering Committee recommends in favor of this rezoning because it is not inconsistent with the City Plan Future Land Use Map, and will aid in the City's redeveopment objectives. Commitments: 244 South Olive, LLO #2510-09 Page 1 of 1 g Criteria (per IC 36-7-4-603): 1. Comprehensive Plan:. Policy Plan: City of South Bend Comprehensive Plan, November 2006 Objective LU 6: Focus development efforts within the Service Area. Objective ED 1: Stimulate the rehabilitation and adaptive reuse of property in the city. ED 1.2 Encourage reuse of abandoned and underutilized land and structures. Objective ED 2: Retain existing businesses and recruit new ones to the city. The rezoning is consistent with the Comprehensive Plan's economic development and land use policies. Land Use Plan: City of South Bend Comprehensive Plan, November 2006 Future Land Use Plan: The map shows this properly as Heavy Industrial. The rezoning is not consistent with the Future Land Use Map. Plan Implearnentation/Other Plans: Residential Area Policy: 2. Current conditions and character: The area surrounding Olive Street between Washington Street and Western Avenue consists of industrial and commercial uses. ., . ,.,..-.~~ ~nn Lt.. J• 1T1VJL 4frJll~Y l%lM LLV~.• The most desirable use for this property is commercial and/or industrial. 4. Conservation of property values: The surrounding commercial and industrial property values should be conserved with the CB rezoning. 5. Responsible development and growth: It is responsible development and growth to reuse an existing commercial/industrial building to expand commercial opportunities. Recommendation: Based on information available prior to the public hearing the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Analysis: This rezoning will allow for the expansion of an existing commercial business in what is currently an underutilized business center. By allowing the split zoning of GI General Industrial and CB Community Business, the subject parcel will be able to be fully utilized. 244 South Olive, L~C.C #2510-09 Page 2 of 2 AGENDA SOUTH BEND COMMON COUNCIL MONDAY, APRIL 27, 2009 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINES S 7:00 P.M. 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL N0. 22-09 PUBLIC HEARING 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 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 TH_E BOARD OF ZONING APPEALS FOR THE CITY OF SOUTH BEND, INDIANA 27-09 PUBLIC HEARING 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 29-09 PUBLIC HEARING 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 UEPARTMEN^1 25-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1,000,000 OUT OF FUND 641 TO PAY COST5 ASSOCIATED WITH CLEANING THE ANAEROBIC DIGESTERS AT THE WASTEWATER TREATMENT PLANT 26-09 PUBLIC HEARING 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 28-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CREATING A NEW POLICE TAKE HOME VEHICLE FUND #278 8. BILLS, THIRD READING TIME: RTT~T, N(7 _ 22-09 THIRD 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 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 27-09 THIRD 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 29-09 THIRD 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 25-09 THIRD 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 THIRD 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 DESIGNA'1'ED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING, MARCH 1, 2009, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 28-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CREATING A NEW POLICE TAKE HOME VEHICLE FUND #278 9. RESOLUTIONS BILL N0. 09-33 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 10. BILLS, FIRST READING BILL NO. 30-09 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF WASHINGTON STREET FROM FRANKLIN STREET TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115.5 FEET, MORE OR LESS AND A WIDTH OF 14 FEET. BEING A PART OF VAIL'S SUBDIVISION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 31-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO REDUCE 2009 BUDGET APPROPRIATIONS IN MOTOR VEHICLE HIGHWAY FUND (#202) 32-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO REDUCE 2009 BUDGET APPROPRIATIONS IN COMMUNITY AND ECONOMIC DEVELOPMENT FUND (#212) 33-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL MONIES FROM THE GENERAL FUND (#101), THE COUNTY OPTION INCOME TAX FUND (#404), AND MOTOR VEHICLE HIGHWAY FUND (#202) 34-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL MONIES FROM VARIOUS FUNDS WITHIN THE CITY OF SOUTH-BEND 11. UNFINISHED BUSINESS A. REPORT FROM BOARD OF ZONING APPEALS 1. BILL N0. 09-35 - REZONING - 244 S OLIVE ST. 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: APR-15-2009 03:30 Pfd Danch Harney 574 234 4119 P, 2 MICw1EL J. DnNCH, L.A. RON HARNER. P.S. ~ipril 15, 2009 Honorable Members of the City of South Bend Common Council 4tb Floor County-City Building South Bend, Indiana 4660x Land 5urvsyors .Professional Engineers Landscape Architects ^ Land PI®nnere ~~~ ll ~a~ 2~- ~~ RE: Vacation Petition for the right-of--way to be vacated is described as the portion of Franklin Street running from the north right-o£ way line of Indiana Avenue, north to the south right-of--way line of Stull Street, being a distance of approximately 1324f feet more or less and a width of 57.75 feet, also to be vacated is that portion of theright-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 74.23 feet. Being sftuated in both "Stall's 2°d Addition to the City of South Bend" a>ad "Stall's 1'~ Addition to the Town of Myler in the City of South Bend, St. Joseph County, Indiana. Dear Council Members: On behalf of our clients, we are asking that the proposed Vacation Petition, be tabled from the April 27th Common Council meeting until the Common Council meeting on May 11`ti, 2009. This tabling is being requested, to allow.the board of Public Works to review the proposed vacation request. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, chaeI J. Danch. President Danch, Harney ~ Associates File 10.064106 vacation petition. ~'€~~;~ Its ~f~~;~'~ ~~~~e~ APR 1 6 2~ty9 JCHy'dOCRDE CI1'V CL["i31i, ~0. f3Efi~~D,1N. 1643 Commerce 17rive ^ South Bend, IN 46628 208 West Mars B®rrien Springs, MI 49103 once 5741234-4003 ^ 8001594-4003 ^ Fax 5741234-4119 0~~ 25A1471-3010 ^ Fax 2691471-7237 U-~~~~ Nd, 2L-~`1 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 Gode 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 18-80.07-0351 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 18-8004-0166 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 18-8006-0316 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 Commort~ Council Attest: ~Rr ~' `2 `~ ~: ie J3 l... r .~~fl L:v C:l1 y+ti~Sli -7': ,~ ~, '• ~~,e .?. .lam r~ .. `~+rllVH {iy~j~ Q/1 YfW6~ l a' 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 i st ~ ~`" ~ 3 - v~ PUBLIC HEARlh1G ~ rd READING NOT APPROY~fl REEERRE® • PASSEfl -~_ a ~'-i~i'f3'~ ~~, i~a~aa JGtFid W~C',~L'r:fz IYJ. CITY Gl ~:;~~:), i~"~G^~~~ 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 1B-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 18-8006-0316 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 ru~,, ~o~ S~/_ Ddnald E./Inks, Director of Redevelopment City of South.fsend, Department of Redevelopment 3 APR - 2 2009 ael~~ tr00i~~~te 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-COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235-9221 4 LEGAL DESCRIPTION: 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 LINE 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 ADDffION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. ~~f~~ ~~ ~t~~,•~z'~ ~~it~~ AFR - ? 2009 30Hy YOORt~E CITY CL°c K, 80. irEND, iM. Owners within 150' Eggers Real Estate LLC 406 W Indiana Ave South Bend, In 46613 18-8027-1122 Ridge Company Ina 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 o£ 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 & Ill Railroad 110 Franklin Road SE Roanoke, VA 24042 18-8021-084905 Ffl~~ S~v'~'~ (3~~€~e APR - `' 20C9 ac,~;~~ ~~~~: ~~ C;Ty G1.i~il , 5 MICHAEL ,1. RANCH, L.A. RON HARNER, P.S. March 31, 2009 Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Land Surveyors .Professional Engineers Landscape Architects .Land Planners 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°d 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, ,-'. J icliael J. Ranch 'President Ranch, Harner & Associates File #080106 pjh ~s[~~ In +~~~1~!~'s ~~~~~~~ APR - 2 2009 JG;1~i V+sGF.f~E Ct5'Y Ct~~K, 50. ~£tvp, til, 1643 Commerce Drive South Bend, IN 46628 office 574/234-4003 ^ 8001594-4003 ^ Fax 574/234-4119 208 West Mars ^ Berrien Springs, MI 49103 office 269/471-3010 Fax 2691471-7237 r~~~ ~E~i~ ~0~~~~i~~~c~l~ ~~~ ~. ~~~~~~(~1 ~~~1~~~~~r 11Q0 County-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 ~`~~ ~ ~ ~ ~ 6 ~~ South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance initiated by the Area Plan Commission to amend the zoning ordinance of the City of South Bend, to define the Board of Zoning Appeals as the Area Board of Zoning Appeals. - APC# 2504-09 Dear Council Members: I hereby Certify that the above referenced ordinance of was legally advertised. on and that the Area Plan Commission at its public hearing on Tuesday, March 17, 2009 took the following ~~ action: Upon a motion by John McNamara, being seconded by Dan Brewer and unanimously carried, the proposed ordinance initiated by the Area Plan Commission to amend the zoning ordinance of the City of South Bend, to defue the Board of Zonir}g 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, GU•~~ ~~~ohn w. Byorni JWB:sr Attachment ~i~ - Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseiand and St. Joseph County, Indiana Staff Rernort AIPC ~ 2504-09 ®vvner: APC Initiated Location: Text Jurisdiction: City of South Bend ]L~equested 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. ,. .. _ .. ~~:, .:, alp' ~ ~' 1 ~ i:• i ~. #2504-09 Page 1 of 1 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF TAE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH SEND MUNICIPAL CODE: AMENDING ARTICLE 11-DEFINITIONS TO DEFIl'dE 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: ' 'r ~ T~'" • ~ ' ,. ,.,-, •+~, +~. ~:+•. ~f ~ +~ ~ a T a~ ^ u. The Area Board of Zoning Appeals .., .._~_ ..y- --~ - of St Jos ~h County Indiana. Section H. 'This Ordinance shall be in full force and effect on May 22, 2009 and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2009, at o'clock . m. City Clerk Approved and signed by me on the day of , 2009, at o'clock . m. 1st READING Z-L3-~ `~ PUBLIC HEARING 3rd READING NOT APPROVE L~.i3`o~, REFERRED Pf'P PA55ED Mayor of the City of South Bend, Indiana Fit~d lt~ ~le~tc'~ ~~fa~~ ~ Eg 1 8 2000 Jp};N VOORRE /~ /~{ c^ ~ SQ. SEND, IN. CITY VI.bS •Iti5 - • r. ~'.~ ~ l~ I~ 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.~G(c), LOVV 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; eae-h ~3:9A_ 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. ~~ ~~- VLV~?i~. ~ ll f~ Member, South Bend Common C,~iuncil Attest: City Clerk ,,. ~'w~.~•i,'i-}' Eei2 .1a'J :ub.'1 t~ ~~i~ ~.~~ ;,;; ~~.~Y~Gs gG~~.}e~i ~. i;'+a r., dPi;4:n d^~~ ~ ~.f 141 ~~~'lle.:.F~sd~. Ea~~ ~avtEFd E1we3i~ ~€~ ~at~i 0!7 ~1~ i~lbl:, 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 PUBLtC HEARING rd REAQING I~C~T AFPRCIYE~ ~EF~RREQ ~ASS~~ ~v !! i~i .~. .s,~EE.Ss~~nn.. sty'°d°~ „;~ - 3 ~G09 uC'rh! VCCRDE CfTY CL=~,~S, ~0. ~EhD, fla. u ~ ^, O a `.: ;, o m~ ti~ oT x , ~~ 0 N v 2' 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 $. 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, _l Charles C. Bulot Building Commissioner ST. TOSEPH COUNTY/SOUTH BEND BUILDING DEPARTMENT D ~` cL~ ~ 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 staffmg 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 aze 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 Bend 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 of purchasing new equipment; is scrutinizing the use of recall; as well as many other cost-saving South Bend Police Deparhnent Usex 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. Furthermore, 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 financial management practices. ,~/~, ~,;~, ~ ~to~G~ ~ ~porr~rio.,z ~owrecrl 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 THE SOUTH BEND POLICE DEPARTMENT Division I User Fees for Police Special Services Involving Di~nitarylVlP 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 party 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. 14-68 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 charge 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 charge 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 Karen L. White Health_& Public S~ety Committee 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 ~/'~.~dby 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 ~.zd ~~d by me on the day of o'clock .m. Stephen J. Luecke Mayor City of South Bend, Indiana 1st READfNG PUBLIC HEARIRG 3 rd READING NOT APPROVED REFERRED PASSED 2009 at ~i~~f.~ ~~ ~~.n-.l'ia'r ~i~I~B APB - 8 2CC9 ,IC~'i~a VDGFi~E C4TY CL~ K, ED. EE°~'.D, tt~. SPUTA 8~' ~; ~~~,~,~~;,~~~ ~. City ®f South end C.1 ~\\ PEACE '% d ~~ ~' "~'~a~ Common Council 1865 R 441 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 April 8, 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 Fax (574) 235-9173 TDD (574) 235-5567 http://ww~v 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 Officers 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. Ann Puzzello We are pleased to introduce for your consideration an ordinance which would create Fourth District reasonable and just rates and charges for such special police services involved for non-municipal dignitary protection. David Varner Fifth Disuict 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 Al "Buddy' Kirsits individuals who attend events located outside of the city limits. Last year'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 those 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 _ ~-~r,-_ ~ t ...~. J~;;iil `J:~GFia Other communities have implemented a variety of cost recovery mea'c„r c~a~~o~°"~hich 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, 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 caned to assist in funding, so that the City's police operations needed by our citizens, will bey' eopa~zed; T~an~ ~. Sincerely, ~1~~~ ~ ~ ~- Council Member Karen L. White Hea d Public fety Chairperson Coun ' tuber Ann zello Health & Public Safety Vice-Chair ~'ouncil~Iember Thomas LaFountain Personnel and Finance Chairperson Council Member Henry Davis, Jr. Community Relations Chairperson 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 ZO 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 ~ ouncil Attest: City Clerk ,:n~l:ii {'~; ~3 t: a~;3 E;~t;. i~d ~ti.~,+ ~~ ~Ji ~J'vsi v 6n c~~~~~lwr~ ~~~ r~~>~sv h~~~n~ and Go4iZC~i vG~'C~0 on ~h~ i~u~, 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. 1 sf R~ADIAG ~-l 3 ~~~ QUBLIC : HEARING °3 rd READING ~90T APPROYE® REFERRE® p~55~ . ~1~~`~ ~~ i,F~ ~ii~~~+ A.~~6i~y ayor, l L!;v'J dGi,I'd'~~~ ~fzu•E _.___.v._ GlTY Gl.~~'~:, .i~.~. '~ c4?D, 1'd. 2 , at City of South Bend, Indiana 1316 COUNTY-CITY BUILDING 227 W JEFFERSON BouLEVARD SOUTH BEND, INDIANA 46601-1830 PxoNE574/235-9251 FAx 574!235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC STORKS GARY 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. Tlie 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, ~~~~v ohn ~ . illon APR - 8 2009 ,'sG~Ti VCQSDE C-TY CLEfiK, 5Q~8p, tEd. ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES STREETS ~, WATERWORKS ~ ' CARL. LrrrRELL, P.E. JOHN J. DII.ION, PH.D. 1V1t11 1 CxLESawsla SAM HENSLEY , ` JOHN F. STANCATI ~ ( 574/235-9251 574/277-8515 574/235 )316 574/235-9244] ~,/ '574/235-9322 ~ FAx 574/235-9171 FAx 574/277-8980 FAx 574/235-9007 FAx 574/235-9272 ~~;~pAx 5741235-9728 ~ ~ ~- 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 COI\~TY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, IlvDIANA, 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 goverrunent of the City of South Bend, in partnership with the City's private sector and residents, is committed 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 Conununity 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,111diana, 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 Grant/Neighborhood 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 (IIERA) 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 Department. 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\SH.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 sn.t~ ~ ~ ~,~~ ~ o f Member of the Common C ~ ncil f;'se•;~pfl;~ Ir'i ...,iJ ._ .. i".^ .S'i~ !.~ ~~:~f~~:~'.1+ iii .~ ppie v+~: IV.iJ ~fdLiio (1'v7.1 tf~J aL'~c.. G4~5 is ~ ~~ ~a~ ~ ~~i~ i~ll~~ :~- 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\COMMDEVWEIGH STABILIZATION PROGRAM\2009 NSP ORDINANCE.DOC Approved and signed by ine on the day of ~ 20.,E at o'clock _.m. ~~ 1 st READING ~~ ~ , PUBLIC HEARIFI~ 3 rd READING NOT APPROVED REFERRED PASSE Stephen J. Luecke, Mayor ~~~~~ ~~ ~4~r~'~ ~ft~° APB `~, ~ 2CC9 dJNhl VfiORDE CI`rYCLEt~ii, $Q..BI_ND, Ill. 1200 COLIIVTY-CrrY BUILDING 2.27 W. JEFFERSON BOULEVARD SuvTx BEND,INDIANA 46601-1830 PHONE 574/ 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LuECI¢, 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~' meeting. Thank you. Sinc~rel amela C. Meyer ~~ DIrector cc: Jeff Gibney Catherine Fanello John March 3udy Rosheck Jeff Gibney or I will be present ~i ~d t~ ~t~rk'~ ~~fic~ ~. APR - ~ 20G~ JOHtI V4Q ~~_... e...e-- COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C. MEYER DONALD E. INhs 5741235-9660 574!335-9371 F:\DATA~.SHARE~QMJy~E~L~~I STABILIZATION PROGRAM\2009 NSP ORDINANCE.DOC FINANCIAL SC PAOGRADi MANAGEMENT ~ r ELIZAEETH LEONARD ~ `f ~ 574123>-9371 nG vu !!t/~• 11/'i t~;P~~ ~~~. 2..~- ~~ ORDINANCE NO. 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 °",~,,':`~ and 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. 1st READING `-~ 3~ ~ 1 PUEL€C f~EARI~a't~ 3 rd ESE?:DING NOT APPrt~'~E~. REFERRED PA35ED 2 at Mayor, City of South Bend, Indiana t°tte~ to ~t~rtc'~ ~~ftce App - 8 2009 JOF',N VOOEiDE CITY CLEF;K,''p. BEMD, TN. 1400 COUNTr-CITY BuII.DING 227 W. JEFFExsoN BOULEVARD Sovrx BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW CHARLES S. LEONE CITYATTORNEY Apri19, 2009 Mr. Derek Dieter President, South Bend Common Council 4`I' Floor, County-City Building South Bend, IN 46601 PHONE 574/ 235-9241 Fnx 574/235-9892 TDD 574/ 235-5567 ALADEAN M. DERosE CHIEF ASSISTANT CITYATTORNEY 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. Sincerely, C `~ cc: Catherine Fanello Charles S. Leone City Attorney APR - 8 2009 ,{t~(iEd VCrQr~DE cETr G~_ehK, ~o. ~€k'E~, Sys. THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN t ~~~ ~f.~~ ~~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 TAE 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 after 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 fords that: 1. The proposed use vrill not be irjuri:,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 1V. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file iti 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. ~~~ (~ ~ l~ l st, Member of the Common Council 1 ~bZ+t1 `i::rJ- ~9 s+, ';~ ~;:~~~ E~ (,`i 6~~ a`'~ PdS''13~I FZ,bL fib a• ° t ;T ~~y n~} }}~~ ~F,i~ ~a~~,~~f~ ~6~`4wl ~111~ X11 ~'~~idi ~~Sn fi~.~ ~.i e..:V rs~~ ~C1EOfi ~Sl f~`1fS i~U~, PRESEPITED ~'t 3 _o SOT APPROVED ~r p~• ~~~~d [~ ~t~rEb°~ ~~~~~® ~E~ 2 ~ 2oog 1QNN ~~~~EE~D, IVY. C14'( C~,RRK, 'y4DOPTED . ~ ._ _.. ~ BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND PETITION ~PPLI CANT' S NAME ~ G( }~( C~ ~~~~°. ~ PHONE ~ ~'/ ~~ ~~ ~ ~ ~ ~~ '-ADDRESS ~ (~ l? I C' /`' ~ ~ .SO ~ ~ e,~D f~ ~l6 6~~ ADDRESS r ~ ~~ OF PROPERTY ~ ~a Q ~ 5 ~ ~ ~ ~ ~ ~ ~~ _ ~ ZONING OF PROPERTY ?RESENT OWNER' S NAME ~x/ ~' ~ d ' ~ -e ~ PHONE^~ ~ ~~=~~~rb ADDRESS ~~ Z © (~ i L° l~ ~ ~ ~~~ ~r ~~`~9 ~OUNSEL OR CONSULTANT PHONE ~DDRE S S JATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: V .n~ a i ,n ~. s /Y T In f ~ ~ ~ ll~ e. f/~ attest under the penalties for perjury, that the foregoing representations are :rue . signature of Property Owne•r(s) :~. :~~ ~~ :~.. ~~ ~` ~ ~ ~ ;, N ~~~~nN. ~, ~,z:a~ =. ~z ~f'~Q}~f .rte; i ~. ~-~ -~-+ -~ . - g c, i ~ ~~ ~ ~~ ~~ ~ -~ ~ aa~~~o~a~~d ~~,~wns. o9~!a~ .~ _~~._ ~..y ~..~ ~~ ~~ Maria Galvez 44S Meade St. South Bend, IN .46619 February 6, 2009 To whom It May Concern: The proposal is to make a duplex in the back of 44S 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 apartYnent has a basement, first, and second floor it is necessary to make it a duplex. It will also be necessary to install an elecixic 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 parking 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. . e-, n1~ ~.l . Rec PARCELID NAME 1 TAXMAILADD TAXMAILCIT 1 0 18-4035-1277 P ERRIER JOSHUA M 6 07 W CALVERT S OUTH BEND IN 46619 P RICE DONALD R & 2 0 18-4024-0833 MICHELE D PROBLEM DE 430 S MEADE ST S OUTH BEND IN 46619 3 0 18-4035-1280 PIOTROWSKI ERNEST L 2629 W HURON ST SOUTH BEND IN 46619 4 Ot8-4035-1281 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 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 11 018-4025-0850 2507 RETE LAND TRUST 2913 MISHAWAKA AVE SOUTH BEND IN 46615 ROMERO EMIGDIO & 12 018-4025-0851 VELAZOUEZ LETICIA 5203 W SAMPLE SOUTH BEND IN 46619 POSELEY STEVE R & 13 018-4036-1311 ALICE E POSELEY 24741 NECEDAH DR ELKHART IN 46516 NAVARRETE WENESLAO 14 018-4036-1312 & MIREYA J JT W/EROS 2625 GRACE ST SOUTH BEND IN 46619 ~= 15 016-4036-1313 AMARUSO JOHN 2619 GRACE STREET SOUTH BEND IN 46619 1 6 018-4036-1314 FARHAN ABC~LR - 2617 GRACE ST 50UTH BEND IN 46619` -- 2627 MONROE ST LAND 1 7 018-4035-1260 TRUST LLC 2627 MONROE SOUTH BEND IN 46619 • SMITH LINDA K 1/2 INT & a ~- 1 8 018-4035-1261 LINDA K EDGIL 1/ 2617 W MONROE SOUTH BEND IN 46619 BALCER LENA F & 1 9 018-4036-1315 WELLER-NYE CHERYL H 2615 GRACE ST SOUTH BEND IN 46619 a ~> rSl 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 5T. 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 25 018-4036-1302 PROPERTIES NETWORK LLC 4935 WESTERN AVE DOWNERS GROVE IL 60515 26 018-4036-1304 CIESIELSKI ANDREW, ,STEPHEN, BROYLES T.E ' 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 L{NDA 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 D1AZ JUAN 2510 HURON ST SOUTH SEND IN 46619 KOWALIK ENTERPRISES ~o~a nnn i GRC CT MISHAWAKA IN 46544 3 2 018-4025-086801 ST ADALBERTS PARISH 2400 HURON ST SOUTH BEND IN 46619 33 018-4036-1318 CAPPERT THOMAS P 521 S MEADE ST SOUTH BEND IN 46619 34 018036-1289 SMITH RAY D & CLARA A 2505 FORD ST 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 & ESPERANZA 450 S KALEY 5OUTH 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 SOUTH BEND IN 46616 42 018-4036-1307 PALMA GILBERTO S 509 MEADE ST SOUTH BEND IN 46619 AMERICA NATIONAL TRUST AND SAVINGS 43 018-4025-0862 ASSOC 555 ANTON BLVD BC-071 COSTA MESA CA 92626 SMITH LINDA K 1/2 INT $ 44 018-4035-1262 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 AJP REAL ESTATE 47 018-4025-0848 GROUP LLC PO BOX 232 MISHAWAKA IN 46546 LOCHMONDY CAROL & IRENE NEMETH 48 018-4035-1286 RESERVING 114 ACADEMY PL SOUTH BEND IN 46616 KALICKI KENNETH J & 49 018-4035-1265 ESTHER B 421 S MEADE SOUTH BEND IN 46619 50 018-4024-0820 SINGH AVTAR 422 S MEADE ST SOUTH BEND IN 46619 GARCILAZO SERAFIN & 51 018-4035-1276 MARIA GUADALUPE 429 S MEADE ST SOUTH BEND fN 46619 WOODARD EDDIE LOUIS 52 018-4035-1268 °loWELCH CLAUDIA M 2514 KENWOOD AV SOUTH BEND IN 46628 enun~~in~o nennnr~e a d1d C nAFGIIF ST SOUTH BEND IN 46619 54 018-4035-1269 KOWALIK ENTERPRISES INC 2236 MILLER CT MISHAWAKA IN 46544 55 018-4035-1270 DOMINGUEZ JAVIER 2618 W MONROE SOUTH BEND IN 46619 56 018-4035-1271 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 GERALOINE T 425 S MEADE S7 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 IN 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 Inlarmation shown on this map is not warracted for accuracy or merchantability. Reproduction of Ihis material Is not possible without written permission of SI. Joseph Courtly, Indiana. N Photography:Spring 2002 Prepared by: W ~ E SL Joseph Courtly Auditor's Once 227 W. Jefferson Blvd. 3 ' South Bend, Indiana 48601 Phone: (574) 235-9463 BOARD OF ZONING APPEALS OF THE CIT`E' 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 3/1.9/09 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 2]-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 1N 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 I ~_ L ~ I~ ~ ~ ~ ~ -~~~ ~~ ORDINANCE NO. AN ORIINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO REDUCE 2009 BUDGET APPROPRIATIONS IN MOTOR VEHICLE HIGHWAY FUND (# 202) STATEMENT OF PURPOSE AND INTENT Because of decreases in tax revenues from the time when South Bend enacted its 2009 Budget (Ordinance 9874-08), it has become necessary to reorganize the City's Budget and to reduce various appropriations within certain City Funds. ` NOW, THEREFORE, BE TT 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 Major Budget Classification Amount of Reduction Motor Vehicle Highway Fund (#202) Persoru~el & Benefits $300,000 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 of the Common Council vignittg of ~t~~ ~3II i~ on!st ~~ ~iov~d~ ~t Attest: CC~ilGll ~~4~1 Ott tr~is iSSl7~, City Clerk Fresent 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 READING `~Z~ ~O~ PUBLIC HEARIRG _~ rd READING tv;;T APPROYG-D REFERRED PASSED ~Bft4~i ~~a ~~~'~'~ ~,~''~~@~~ APR 2 2 2QQ9 ,:l?I:i! Vi3CRDE CI'~Y GLE;t~I(; 55~. &E?titJ,1~I. ~,. L l Fr oS ~;o ,.. ~1~~ , ~- ~~~~ . ~ d: -. a. eeacF a; County-City Building Phone: 574.235.9216 227 W. Jefferson Blvd. 12~' Floor Fax: 574.235:9928 South Bend, IN 46601-1830 TDD: 574.235.5567 City of South Bend Stephen J. Luecke, Mayor Department of Adminstration and Finance M. Catherine Fanello, Controller Apri122, 2009 Derek Dieter, President South Bend Common Council County-City Building 227 W. Jefferson Blvd. 4~' Floor South Bend, IN 46601-1830 Dear President Dieter: Several finance ordinances were submitted today that accomplish the following: 1. An Ordinance Appropriating money to fund 202-Motor Vehicle Highway. This fund is reorganizing personnel by absorbing some of the personnel from the General Fund. 2. An Ordinance Reducing Appropriations in fund 212-Community & Economic Development. This fund is reducing its budget in order to reduce the subsidy provided by the General Fund. 3. An Ordinance Appropriating money to the General Fund, Local Option Income Tax Fund, and Motor Vehicle Highway Fund. The General Fund appropriation is to handle repairs to the Morris and Palais due to water damage and building damage by a car. Money is being transferred from the Self-Insurance Liability Fund to pay for these damages since the damages do not exceed the city's deductible of $50,000. Monies are being appropriated in Motor Vehicle Highway to absorb some General Fund employees. 4. An Ordinance Appropriating money to various funds. These requests include appropriating a donation to Animal Control that was received in 2008 (Fund 271); Appropriating insurance money to replace a damaged piece of equipment at Wastewater (Fund 642); Appropriating EMS funds to pay for fire equipment supplies, a new ambulance, and a new quint truck, and the city's match on a federal grant (Fund 288); . Appropriating money for various building repairs to the Moms and Palais (Fund 416, 450, and 273); Appropriating money in the Sewer Fund Fund 641); to absorb personnel from the General Fund and Motor Vehicle Highway Fund; Appropriating an interfund transfer to fund the city's property deductible for equipment and building damage (Fund 226); Appropriating an interfund transfer from the Coveleski Fund (#401) that is owed to the Park General Fund; and, appropriating money to Water Works (#620) to absorb some General Fund employees. I will provide all necessary documentation and detail to the Council for the regularly scheduled Personnel & Finance Committee Meeting discussing these ordinances. Please also note that these ordinances in some areas have been advertised higher to allow for any corrections or errors from now until passage. However, the Council will only pass exact amounts as submitted in an appropriate attachment. If you have any questions, please call me or let me know how I can be of assistance. Thank you for your consideration in this matter. Since eh M. Cathy Controll~. ~I~~Oi ~~i ~~~C~{'a ~$~~~~ APR 2 2 2009 JQNN VQQROE CIl'Y CLERK, ~Q. BEPfJ, Ill. ~~ ~ ~~ }off ~ ~ ~.-- ~ ~ ~.~.~..~..~_ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO REDUCE 2009 BUDGET APPROPRIATIONS IN COMMUNITY AND ECONOMIC DEVELOPMENT FUND (# 212) STATEMENT OF PURPOSE AND INTENT Because of decreases in tax revenues from the time when South Bend enacted its 2009 Budget (Ordinance 9874-OS), it has become necessary to reorganize the City's Budget and to reduce various appropriations within certain City Funds. NO~V, THEREFORE, BE TT 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 Moor Budget Classification Amount of Reduction Community & Economic Development Fund (#202) Personnel & Benefits Supplies Services $200,000 $700 $50,000 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 of the Common Council • Sigr~Ertg of ~~lx~ ~~1 i~ on~~ 20 o N Attest: ~t~,~~.%~+.fk~f;~ ~~° e ,: ~ ,~4:~rr ~F! Council acfio~a ~~ ors iE:~l~o~~a~tl~ ~~ City Clerk Present 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 t ~1P ft 2 2 2QQ9 sas;~ vc~~~;" CITS' CL£RK, 5C1.6rftTi, {F!. 1 st READING l'L~``'~ ( . PUBLIC HEARING 3 rd READING NOT APPROVEEJ REFERRED PASSED r~ /:~ 1,...ti~.~ 1 ~ x 1865 _ ~~. __. ; ".. County-City Building 227 W. Jefferson Blvd. 12~' Floor South Bend, IN 46601-1830 Phone: 574.23 5.9216 Fax: 574.235.9928 TDD: 574.235.5567 City of South Bend Stephen J. Luecke, Mayor Department of Adminstration and Finance M. Catherine Fanello, Controller April 22, 2009 Derek Dieter, President South Bend Common Council County-City Building 227 W. Jefferson Blvd. 4`~ Floor South Bend, IN 46601-1830 Dear President Dieter: Several fmance ordinances were submitted today that accomplish the following: 1. An Ordinance Appropriating money to fund 202-Motor Vehicle Highway. This fund is reorganizing personnel by absorbing some of the personnel from the General Fund. 2. An Ordinance Reducing Appropriations in fund 212-Community & Economic Development. This fund is reducing its budget in order to reduce the subsidy provided by the General Fund. 3. An Ordinance Appropriating money to the General Fund, Local Option Income Tax Fund, and Motor Vehicle Highway Fund. The General Fund appropriation is to handle repairs to the Moms and Palais due to water damage and building damage by a car. Money is being transferred from the Self-Insurance Liability Fund to pay for these damages since the damages do not exceed the city's deductible of $50,000. Monies are being appropriated in Motor Vehicle Highway to absorb some General Fund employees. 4. An Ordinance Appropriating money to various funds. These requests include appropriating a donation to Animal Control that was received in 2008 (Fund 271); Appropriating insurance money to replace a damaged piece of equipment at Wastewater (Fund 642); Appropriating EMS funds to pay for fue equipment supplies, a new ambulance, and a new quint truck, and the city's match on a federal grant (Fund 288); Appropriating money for various building repairs to the Moms and Palais (Fund 416, 450, and 273); Appropriating money in the Sewer Fund Fund 641); to absorb personnel from the General Fund and Motor Vehicle Highway Fund; Appropriating an interfund transfer to fund the city's property deductible for equipment and building damage (Fund 226); Appropriating an interfund transfer from the Coveleski Fund (#401) that is owed to the Park General Fund; and, appropriating money to Water Works (#624) to absorb some General Fund employees. I will provide all necessary documentation and detail to the Council for the regularly scheduled Personnel & Finance Committee Meeting discussing these ordinances. Please also note that these ordinances in some areas have been advertised higher to allow for any corrections or errors from now until passage. However, the Council will only pass exact amounts as submitted in an appropriate attachment. --- If you have any questions, please call me or let me know how, I can be of assistance. Thank you for your consideration in this matter. Since ely, .~ M. Catherine Fanello, CP Controller ~it~d In (;i~~g~'~ ~~~i~~ AFR 2 2 2009 ~o~N veoROE CITY Ct~ERK, 5Q. BEAlD, liN. ~` ~ ~ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL MONIES FROM THE GENERAL FUND (#101), THE COUNTY OPTION INCOME TAX FUND (#404), AND MOTOR VEHICLE HIGHWAY FUND (#202) STATEMENT OF PURPOSE AND INTENT It has become necessary to make additional appropriations from the. General Fund (#101), the County Option Income Tax Fund (#404), and the Motor Vehicle Highway Fund (#202) in excess of the 2009 Budget previously adopted by this Common Council. The Funds affected by these additional appropriations have monies sufficient to support the appropriations identified in this Ordinance. NO~V, THEREFORE, BE TT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The following additional amounts are hereby appropriated and set aside within the Funds designated below for identified expenditures: Fund General Fund (#101) County Option Income Tax Fund (#404) Motor Vehicle Highway Fund (#202) Major Budget Additional Classification Appropriation Services $60,162 Services $320,000 Personnel $300,000 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 publication as required by law. Member of the Common Co~incil Attest: City Clerk ~~~ s`~ay ~~ ~ ~~'ic h~~ a og ~d Cv~~teil ~~ti~ ~ ~ ~~~, 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 1~i~~d to C4~r~c'~ ~~f~~e APR 2 22009 JQHN VOOPDE C;1'Y CLERK, SD. BEND, tIV. t sr READING `~Z~ ~a~4 PUBLIC HEARING 1 3 rd READING `dOT APPROVE. 'FERREe ~ASSED . w.r? 4~• ~,, U ~ ' r.y ~' t~ ~ . - - ~ , .. I865:... ,r:;:~ County-City Building Phone: 574.235.9216 227 W. Jefferson Blvd. 12~' Floor Fax: 574.235.9928 South Bend, IN 46601-1830 TDD: 574.235.5567 City of South Bend Stephen J. Luecke, Mayor Department of Adminstration and Finance M. Catherine Fanello, Controller Apri122, 2009 Derek Dieter, President South Bend Common Council County-City Building 227 W. Jefferson Blvd. 4`~' Floor South Bend, IN 46601-1830 Dear President Dieter: Several finance ordinances were submitted today that accomplish the following: 1. An Ordinance Appropriating money to fund 202-Motor Vehicle Highway. This fund is reorganizing personnel by absorbing some of the personnel from the General Fund. 2. An Ordinance Reducing Appropriations in fund 212-Community & Economic Development. This fund is reducing its budget in order to reduce the subsidy provided by the General Fund. 3. An Ordinance Appropriating money to the General Fund, Local Option Income Tax Fund, and Motor Vehicle Highway Fund. The General Fund appropriation is to handle repairs to the Morris and Palais due to water damage and building damage by a car. Money is being transferred from the Self-Insurance Liability Fund to pay for these damages since the damages do not exceed the city's deductible of $50,000. Monies are being appropriated in Motor Vehicle Highway to absorb some General Fund employees. 4. An Ordinance Appropriating money to various funds. These requests include appropriating a donation to Animal Control that was received in 2008 (Fund 271); Appropriating insurance money to replace a damaged piece of equipment at Wastewater (Fund 642); Appropriating EMS funds to pay for fire equipment supplies, a new ambulance, and a new quint truck, and the city's match on a federal grant (Fund 288); Appropriating money for various building repairs to the Morris and Palais (Fund 416, 450, and 273); Appropriating money in the Sewer Fund Fund 641); to absorb personnel from the General Fund and Motor Vehicle Higliway Fund; Appropriating an interfund transfer to fund the city's property deductible for equipment and building damage (Fund 226); Appropriating an interfund transfer from the Coveleski Fund (#401) that is owed to the Park General Fund; and, appropriating money to Water Works (#620) to absorb some General Fund employees. I will provide all necessary documentation and detail to the Council for the regularly scheduled Personnel & Finance Committee Meeting discussing these ordinances. Please also note that these ordinances in some areas have been advertised higher to allow for any corrections or errors from now until passage. However, the Council will only pass exact amounts as submitted in an appropriate attachment. If you have any questions, please call me or let me know how I can be of assistance. Thank you for your consideration in this matter. Since ely, ,~ M. Catherine Fanello, CP Controller ~iee~ In ~I~t~'~ ~~f~~~ APR 2 2 2009 JQHN YQQRDE CITY CLE~If, ~Q. BEAID, IIV. ., ~` J ~., a ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL MONIES FROM VARIOUS FUNDS WITHIN THE CITY OF SOUTH BEND STATEMENT OF PURPOSE AND INTENT It has become necessary to make additional appropriations from various funds within the City of South Bend in excess of the 2009 Budget previously established by this Common Council. The Funds affected by these additional appropriations have monies sufficient to support the appropriations identified in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCII. OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The following additional amounts are hereby appropriated and set aside within the Funds designated below for identified expenditures: Fund Major Budget Additional Classification AQpropriation Gift, Donation, Bequest Fund (#217) Supplies, Service $41,117 Sewage Works Capital Fund (#642) ~ Capital Outlays $255,000 EMS/Fire Dept. Capital Outlays $460,901 Capital Fund (#288) Supplies $185,000 Morris Capital Fund (#416) Services $50,000 Pa12is Royale Historic Preservation Fund (#450) Services $4,000 Morris PAC/Palais Royale Marketing Fund (#273) Services $11,500 Sewage Works Personnel (#641) (Environmental Services & Sewer) $600,000 Self-Insurance Interfund Transfer $110,162 (#226) (Liability) Personnel $70,000 Coveleski Stadium Capital Fund (#401) Interfund Transfer $75,000 Water Works (#620) Personnel $30,000 SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Counci b~~'~i fl: Cyy ~.~~ 47~:i~ S*~a*:Y ~ti{/~pV~~p~~~j6! ~C`A+•~ •.y ~~1RCt) ~Gk~~A 011 X115 ISSUE. J 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. 1st RgADlFlG c-(_L-y_~ PUBLlG FiEARlNG 3 rd READING NOT APPROVE r^.EFERRED PASSE[ Mayor, City of South Bend ~it~d l~ ~~a~~'~ t~~~~~2 APO 2 2 209 JGFlN VGORDE GlTY CCERK, SU. BEPiD, dlV. G `' o~'~oU'.rr-r ~~~~ ;;~ r . ~-~... .~ U ~• d ` ' eM:ace , ~ ~. '; W `. ~, .~ :.::T8b5'.:. , . r. ::i: County-City Building 227 W. Jefferson Blvd. 12a' Floor South Bend,1N 46601-1830 Phone: 574.235.9216 Fax: 574.235.9928 TDD: 574.235.5567 City of South Bend Stephen J. Luecke, Mayor Department of Adminstration and Finance M. Catherine Fanello, Controller April 22, 2009 Derek Dieter, President South Bend Common Council County-City Building 227 W. Jefferson Blvd. 4~' Floor South Bend,1N 46601-1830 Dear President Dieter: Several finance ordinances were submitted today that accomplish the following: 1. An Ordinance Appropriating money to fund 202-Motor Vehicle Highway. This fund is reorganizing personnel by absorbing some of the personnel from the General Fund. 2. An Ordinance Reducing Appropriations in fund 212-Community & Economic Development. This fund is reducing its budget in order to reduce the subsidy provided by the General Fund. 3. An Ordinance Appropriating money to the General Fund, Local Option Income Tax Fund, and Motor Vehicle Highway Fund. The General Fund appropriation is to handle repairs to the Morris and Palais due to water damage and building damage by a car. Money is being transferred from the Self-Insurance Liability Fund to pay for these damages since the damages do not exceed the city's deductible of $50,000. 1Vlonies are being appropriated in Motor Vehicle Highway to absorb some General Fund employees. 4. An Ordinance Appropriating money to various funds. These requests include appropriating a donation to Animal Control that was received in 2008 (Fund 271); Appropriating insurance money to replace a damaged piece of equipment at Wastewater (Fund 642); Appropriating EMS funds to pay for fire equipment supplies, a new ambulance, and a new quint truck, and the city's match on a federal grant (Fund 288); Appropriating money for various building repairs to the Morris and Palais (Fund 416, 450, and 273); Appropriating money in the Sewer Fund Fund 641); to absorb personnel from the General Fund and Motor Vehicle Highway Fund; Appropriating an interfund transfer to fund the city's property deductible for equipment and building damage (Fund 226); Appropriating an interfund transfer from the Coveleski Fund (#401) that is owed to the Park General Fund; and, appropriating money to Water Works (#620) to absorb some General Fund employees. I will provide all necessary documentation and detail to the Council for the regularly scheduled Personnel & Finance Committee Meeting discussing these ordinances. Please also note that these ordinances in some areas have been advertised higher to allow for any corrections or errors from now until passage. However, the Council will only pass exact amounts as submitted in an appropriate attachment. If you have any questions, please call me or let me know how I can be of assistance. Thank you for your consideration in this matter. Since ely, .( M. Catherine Fanello, CP Controller ~il~~ ft~ ~I~~i~'~ ~~~g~~ APR 2 2 2009 JQNN VCQRDE CITY CLERK, 8Q. BE1~'D, lid. 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 244 SOUTH OLIVE STREET, SOUTH BEND, IN 46619 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; 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: Z44 SOUTH OLIVE STREET, SOUTH BEND, INDIANA 46619 in order to permit SPECIAL EXCEPTION FOR EXTERIOR AUTO SALES IN "CB" COMMUNITY BUSINESS DISTRICT SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on files in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; as the building was in a state of disrepair and since 2002 has undergone significant improvement and has a higher rate of tenant occupancy. Granting the special exception will allow AMV Family Limited Partnership, the ability to continue further improvements to the facility and grounds. 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; in that measures are being taken to improve the quality of the tenant businesses in the facility and also in the design of the site. Proposed landscape improvements are being added to make this property more attractive. 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; In that the building is surrounded by GI (General Industrial) zoned parcels. 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; As approving the special exception will allow this facility to house the varied uses that are compatible with the City Comprehensive Plan. SECTION N. 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 and approval by the Mayor. Member of the Common Counci~ y ry 1, rr~tSi7 }~'C {{ry'v ~ _'~ ~^-' 4°ii, ~.~ nN -.a ~ ~ ey .. ~ G~ 3~i.:.J?!i i.;.+ .... FED !? `~}:i:G `~~~ E_3~ fs~ ~{-z~-~~ PF.ESEt~ETED h10T APPROVED /.. .! ` .. . 1RAR 2 4 2C09 cmr ~~~~K, so. ~~~~, ~~t. p.DOPTED BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND PETITION A.PPLICANT'S .NAME AMV Family Limited Partnership PHONE (574) 289-2959 ADDRESS 58255 Ramblewood Lane South Bend, IN ' 46619 ADDRESS OF PROPERTY 244 South Olive Street South Bend, IN 46619 __ PRESENT ZONING OF PROPERTY "GP' .General' Industrial District and "CB" Community Business District (split zoning Wending, APC approval) OWNER'S NAME AMV Famil~Limited Partnership PHONE (574) 289-2959 ADDRESS 58255 Ramblewood Lane South Bend, IN 46619 COUNSEL OR CONSULTANT Gregory A. Kit of Kit Architecture/Plannin~ PHONE (574) 288-2654 ADDRESS 1126 Lincolnway East, South Bend Indiana 46601 NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: For the CB Zoned Parcel (West Parcel): 1. .Special Exception for exterior auto sales in "CB" Community Business District 2. Front yard use setback variance from 15' required to 5' to allow for pazking 3. Foundation landscaping variance to that provided on the West facade as per the site plan. 4. Perimeter landscaping variance from that required to what is shown on the site plan 5. Off-.street parking area screening at frorit yard from that requiz'ed.to none provided 6. Interior off--street parking landscaping from that required to what is shown on the site plan 7. Dempster enclosure variance to no gate and landscape provided For the GI Zoned Pazcel (East Parcel): 1. Perimeter landscaping variance from that required to none required 2.. Dempster enclosure variance to_ none provided I attest under the penalties for perjury, that the foregoing representations aze true. Signature of Property O (s) e March 24, 2009 Board of Zoning Appeals of the City of South Bend 125 South Lafayette Blvd. South Bend, IN 46601 R_e: Special Exception and ' Variances as described below: for Property commonly described as 244 South Olive Street South Bend, IN 46619 Dear Commission Members: The owner of 244 South Olive Street; request consideration of the Special Exception for the CB Zoned lot and Variances described as follows: For the CB Zoned Parcel (West Parcel): 1. Special Exception for exterior auto sales in "CB" Community Business District 2. Front yard use setback variance from 15' required to 5' to allow for parking. 3. Foundation landscaping variance to that provided on the West facade as per the site plan. 4. Perimeter landscaping variance from that required to what is shown on the site plan. 5. Off-street parking area screening at front yard from that required to none provided. 6. Interior. off-street parking landscaping from that required to what is shown on the site plan. 7. Dumpster enclosure variance to no gate and landscape provided. For the GI Zoned Parcel (East Parcel): 1. Perimeter landscaping variance from that required to none required 2. Dumpster enclosure variance to none provided for the property located at 244 South Olive Street, South Bend, IN 46619 The existing multi-use building was the former Romy Hammes Auto Dealership and was purchased by AI VanOverberghe in 2002. The present zoning is GI (General Industrial). In orderto accommodate exterior auto sales, a rezoning of the west portion of the parcel and a special exception for exterior auto sales (and variances) are requested. The K I L ARCHITECTURE PLANNING www. kilarchkedure. com 1126 LINCOLNWAY EAST SOUTH BEND I N 46601 (574) 288.2654 VOICE 289. 2420 FAX 0 Owner's intent is to maximize the marketability of the multi-use building and to bring it into compliance with the present ordinance. The existing structure on the west side of the development was built in the 1960's and the setbacks, curb cuts, parking and drive layout are essentially as is. Improvements are planned to address the landscape ordinance in part, as per the proposed site plan. Based upon our review of the project with Chuck Bulot, the City Building Commissioner, and John Byorni, we propose split zoning of the parcel to allow for maximizing the potential of the building and parcel. The east half~will retain the GI zoning. This half of the building houses, or has housed, auto towing, wholesale plumbing supply, small, motor repair, warehousing, etc. The west half of the building will be rezoned to CB (Community Business) zoning. This half of the building houses or has housed office, retail sales, wholesale sales, clothing retail and other similar uses. The auto sales office would be located in this area (tenant space "F") and there would be 12 spaces for auto sales dedicated along Olive Street, at the south west portion of the parking lot .(see site plan). 20 foot wide off-site dedicated access easements are recorded along the north and south property•lines (see site plan) to allow vehicular access to the west part of the development. Dumpsters are located at the east area of the building. The special use and variances proposed are based upon a split zoning of the existing parcel. The present zoning, which is "Gl° general industrial zoning does not permit some of the types of retail uses that a CB zoned parcel would allow. The project and site plan has been reviewed with the City Building Commissioner, Chuck Bulot, the BZA Zoning Administrator, :Mark Lyons and John Byorni of the APC. In accordance with requirements for variances, under the present and proposed zoning, the following is acknowledged that: a. The approval will not be injurious to the public health, safety, morals and general welfare of the community; as the building was in a state of disrepair and since 2002 has undergone significant improvement and has a higher rate of tenant occupancy. Granting the variances and special exception will allow 244 S Olive LLC the ability to continue further improvements to the facility and grounds. b. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; in that measures are being taken to improve the quality of the tenant businesses in the facility and also in the design of the site. Proposed landscape improvements are being added to make this property more attractive. c. The strict application of the terms of the zoning ordinance will result in practical difficulties in the use ofi the property; K I L ARCHITECTURE PLANNING www. kil architedure.com 1126 LINCOLN WAY EAST SOUTH BEND 1 N 46601 (574) 288.2654 VOICE 289. 242D FAX The Owner wants to provide space for a car sales office and exterior car display, which is what the original building was designed to do. There are no adjacent residential uses. Given that there -are no changes to the exterior of the building .required to accommodate the car dealership, the strict interpretation of the ordinance requires that the site be brought into compliance with the ordinance. Some basic landscape improvements are planned, and variances from setbacks are requested, based on the split zoning. Installing landscape parking screening along the west lot line is problematic in that the existing parking area is close to the street and snow and road salt from plows would have a negative impact on their survival. Overhead aerial power lines along an easement at the west lot line prevent taller shade trees from being planted, so smaller ornamental trees are proposed. d. The proposed use will be consistent with the character of the district in which it is located and the land use authorized therein; In that the building is surrounded by GI (General Industrial) zoned parcels. e. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; As approving the special use and variances will allow this facility to house the varied uses that are compatible with the City Comprehensive Plan. On behalf of the Owner, AI Van Overberghe of AMV Family Limited Partnership, we thank you for considering the special exception and variance requests. Sincerely, ti Gregory A. Kil, NCARB, AIA Architect Kil Architecture /Planning 1126 Lincolnway East South Bend, IN 46601 Phone (574) 288-2654 Fax (574) 289-2420 gkil(a~kilarchitecture.com Cc: Ai Van Overberghe file K I L ARCHITECTURE PLANNING www, kilarchitedure.com 1126 LINCOLN WAY EAST SOUTH BEND I N 46601 (574) 288.2654 VOICE 289. 2420 FAX 8-4096-3581 ~ Infonnalion shown on this map is not warrenled 1 eccureq or merchanlabllity. Reproduction of this malarial is not possible without written permission of St. Joseph County, Indiana. 1 inch equals 152.262382 f~ Dete Pdnled: Feb 26,2008 Pholography:Spring 2002 N Prepare St. Joseph County Office of W E 227 W. Jefferson South Bend, Indiana 4~ S ' Phone: (574) 245-~ I~ r - I AS~µi I~~ 0 q C G s 1 1 SOUTH OLIVE STREET - -c Z SITE PLAN '° '° °° SCALE: 3/64" ~ i'-0" 9UAAK L'ONSDBMAdI M CB ASPM i IdNNt rr .om~~ ftAQ _ ,9, i NAO9A.9 1 V I KEYED NOTES: r 05(D AUTO SALES I ® ~ µ ' \ \ / / / E%1S1YG BuIOWG M Q IGNMC II JI I ® EgSrMC BJILdNC IN [8 IONMC PAOttatr LMC D PdiMW tt PARCIl CO I ~ I BE REIdICO 10 CB Gawuwrr euvlESs I ~ I = - ~ EASEYCNi ffIBAIX e ry 9q~ I Im ~ I CO ~ V, ~ / I /J ~3 O dMAYENiµ IRKS M PlAN1Wc AACAS-CUi tROU EbSIMC ASI'HMI O' rauNOAndI LMOSCAI+Ic (W 36' P 1005[ POR( O E951NG [ONdIEIC 9gCNALK O ACCCS4[ilf (UAB RAMP O CdICACiE ANN TABUUTED DATA: GROSS 9R 4 k ACREAGE: B5,9B1 ff k 1.971 ARCCS PROPOSm LAND USES • MIidIOBLE SHIES k 3PNCE e OtRtt~/ PgdESddlµ SCRNCES PEg50Nµ SEANCE µROgCS /DANCE S1Upq RETAA, sraREs CSTWAICD NUYBCR DF PARKNG SPAd'S K I L REgMm M0 Pa0Y0Ed ARCH11'ECTURE B9 REpb k 99 PRONGED P L ANN I N G 1118 ONCdNNAY EAST CENEAµ LulO IbAERAGC PfACENtAOEi: 9 0 U T H BEN 0, I N BJILOWGS 17.796 Sr • 16Z / B B 0 I PAYfb ARCS S9,SIa ff • B9x GREGORY A. KIL OPEN SPAtt: 1,078 ff. Sx N C A R B A I A - ARCHITECT STORM DRAINAGE: 6 7 4. 2 B B. 2 6 5 4 A0S PAOiCI dX5 NOi CAfAh MY F A % . 1 6 9 . 1 < 1 0 AOdiIONµ HMD SUR7AQ5 W PAN:O wAw.YOenl~Iladuro.c0m PMKWG OR M BALLING g00fi HAAD AIRtAtt AREA 6 gEWttO BT 715 ff BT CREAINW Q lMDSCAPC IAANDS REOUIREO OFF-6TREET PARKING; fAOIC 11-07.01[: M70YOBIIf SAU:S 1 SPACC PCA 300 ff SALLS iL00A C2CEEdNC ^0."%~ :~f4 IOOO ff 1 G~• • , P:US 1 $PAQ PEA 1000 4 d'EN MCA 1 s DNS a1S.l ~i . TOTµ . 1 NlKf gC0Y1 `..r . MIWOmf RCPYR: .CHn<<~ ^ 1 PAFItWG SPACCS PER ffRNtt BAT • 1 Pws .i asi~auA SPALu f0iµ . 7 _ AttS RtOb. I ' WdIS7Poµ, ASSEMBLY dt YANUtACAABNC s,apa ff 1 9 SPAL4 PEA loon sr • y MWSigµ AM(HWSC OA OISIPodIRdi: ffACES Rta'o. IIIIIILL----.~~ ]I,OW SF % I SPA[[ PER 3000 4 . LL sPAtts Rra'p Y[dCI! k OENIIL 0.1NCS 7 OOCidtS Y S SPA[LS PCA DOC70R • UI ff""S ~`°° 244 SOUTH 0739 ff 1 J.S SPARS PCR 1,000 4 • LZ d"`fs OLIVE ST. TALCS RtOb RCTAO, WiCtl1A7(D CCNIERS < 100000 ff: ANYFA1LY NtliFD PAR1MEi6HP II,500 ff GROSS IEASABIE AgEA A 1 SPACCS SB255 RAMBLENfgOIANE PER 1000 v • SD 9'A(S5 ArOq SOUTH RENO, INOWNA DEqu1ED M10 SAICS SPACES • 10 (574) 289-2959 mw- RrdnR[0 PAm'M. 9'ACCS . ni PRd'OQD mAITI~ I7D SITE PLAN FOR REZONING, SPECIA EXCEPTION & VARIANCES 4 DATE: MARCH 24, 2009 + _ REVISED: a ~pl_LOCATlON PLAN NOT TO SCALE C1.2 _~.~:,~. AMV Family Limited Partnership List of Adjacent March 24, 2009 Variance Petition Property Owners Page 1 of 1 018-4096-358110 018-4096-358111 Safety - Kleen Corp 018-4096-358107 c/o Surr Wolff P.O. Box 27713 Houston, TX 77227 01.8-4096-3579 Jabez Holdings LLC 137 S. Olive Street South Bend, IN 46601 018-4096-357901 Jeffery Boocher 2425 Western Ave. South Bend, IN 46619 018-4096-357902 Polish National Alliance #83 Star of VIC 2401 Western Ave. South Bend, IN 46619 018-4096.358116 AMV Family Limited Partnership 58255 Ramblewood Ln. South Bend, 1N 46619 018-4096-358104 Ryan Freund 52020 Justine Dr. South Bend, IN 46628 018-4096=358115 Derider Capital Inc. 618 Sweetwater Cove BI. South Longwood, FL 32750 018-4096-358117 Derider Capital LLC 700 Sweetwater Blvd. S. Longwood FL, 32779 018-4096-358103 LaSalle Inc. Wells Fargo Bank c/o PRP TX 2315 Western Ave. South Bend, 1N 46601 018-4096-357904 018-4096-357903 GTEM Partners RLR Investments LLC Go R&L Carriers 6900 Poe Ave. 600 Gilliam Rd Dayton, OH 45414 Wilmington, OH 45177 018-4096-358109 018-4096-358114 Hendricks Development Group South Bend Heritage Foundation Inc. 655 Third St. 803 Lincolnway West Suite 301 South Bend, IN 46616 Beloit, WI 53511 018-4096-358102 Indiana Postal Holdings LLC 123 Grove Ave. Suite 222 Cedarhurst, NY 11516 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 April 17, 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 BZA 4/16/09 Dear Council Members: The above referenced petition of AMV Limited Partnership was legally advertised on March 28, 2009. The Boazd of Zoning Appeals gave it a public hearing on April 16, 2009, at which time the following action was taken: Upon a motion by Mr. Kilbase, being seconded by Ms. Wilder-Hamilton and unanimously carried, the petition for Special Exception to allow exterior auto sales in a "CB" Community Business District, on property located at 244 S. Olive St., is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area 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. Sincerely Charles C. Bulot Building Commissioner CCB/cah AMV FAMiLl' LIMITEll PARTNERSHIP 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: 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 16th Day of April, 2009. YES NO ® RICHARD KII.BASE ® CHRISTOPH HOFFMAN ABSENT MAURICE HOBAN ® ELONDA WILDER-HAMII.TON Board of Zoning Appeals -April 16, 2009 AMV FAMILY LIMITED PARTNERSHIP The petition of AMV Family Limited Partnership seeking a Special Exception to allow exterior auto sales in a "CB" Community Business zoning and for the following variances: from the required 15' front yard setback to 5' for parking; from the foundation landscaping to landscaping as provided on the site plan along the west facade; from the required perimeter landscaping to landscaping as shown on the site plan for the west parcel and to none for the east parcel; from the off street front parking area screening to no screening; from the interior off street landscaping to landscaping as shown on the site plan; from the required dumpster enclosure to no gate and landscape as shown on site plan for the west parcel and from the required dumpster enclosure to no enclosure for the east parcel; on property located at 244 S. Olive Street. This property is zoned "CB" Community Business and "GI" General Industrial. MR. GREG KIL: With Kil Architecture and Planning with studios located at 1126 Lincolnway East in South Bend. I have with me Al VanOverberghe, the owner and we're here to present the variances as outlined and the Special Exception. One thing to note is that concurrent with the variances and Special Exception is a rezoning that is going to be heard in front of the Area Plan Commission shortly and that again is for the west parcel. This will be split zoning on one parcel in that the west half of the site will go to the "CB" zoning. And what started this variance and Special Exception today is the desire for one of our client's tenants to have exterior auto sales as part of a tenant space and some exterior parking areas for auto sales on the west side of the lot. If you may recall, this building was Romy Hammes sales office and service years and years ago and Mr. VanOverberghe purchased the building within about the last six years ago. Has done improvements and has increased the occupancy of the building. In looking at the building which is sort of a number of different uses. That east half really fits for the industrial use, General Industrial zoning so we've retained that use. We've met with the zoning administration, Building Department, Area Plan to review what sort of the best option in terms of maximizing the zoning that fits the difference between the east half of the building and then that west half of the building is more office, sales, and some retail. With this variance and Special Exception and rezoning, it did force some additional compliance items and that's what we're putting in front of you today for consideration. In improvements to the site and dealing with landscaping as per the plan, the setback issues as noted. We've got right now no enclosures around the dumpsters sb we are improving the dumpsters with the three sided enclosure for the west parcel. The dumpsters on the east side are behind the building and not visible to the public way and there is no residential around the property. In front the parking screening is requested to be part of the variance because of the depth of the space and the fact that the snow plowing of the .street would be a problem if this were a new development there would be further setbacks and landscaping would be a little more predictable to be maintained in that area. As far as perimeter landscaping we're showing some of the perimeter with trees in areas where we do have some of the island parking and so we're improving it but not approaching wood. It's otherwise an existing condition and so we would ask that you consider these requests and if there's any questions, I'd be happy to answer those at this time. IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE There was no one present to speak in remonstrance of this petition. Board of Zoning Appeals -April 16, 2009 MR. HOFFMAN: Area~Plan? MR. KLUG: We.just had a couple of comments. First of all on the foundation landscape variance, we realize there may be a hardship breaking up the existing concrete and the plan shows for planters in front of the parking lot and we recommend that a total of 15 planters be added or a total of 15 planters should be there to add for more screening. Also the plan shows~four trees along Olive Street. We feel that this leaves a gap and we also feel that adding one additional tree it would help soften up the screening and everything and also that the garbage dumpsters on the two ends of the property be screened off by a gate. That's all. MS. NAYDER: And to just reiterate they have filed for rezoning for the western half. The Area Plan Commission meeting will be April 21. The council meeting will be May, l l . I don't know what date the Special Exception will go before the city council, if it will be before or after. I don't know if you need to make a recommendation based on one or the other because they may or may not end up at the same meeting. I can't say for sure. MR. HOFFMAN: Endeavor I would think of this whole thing, is to improve the appearance of the overall project. Is there other than the, and I agree with the concrete, there's a lot of concrete there, is there any way to incorporate more landscaping within the overall of this project? MR. KILBASE: Well we recognize that Area Plans comments are things that we understand and don't discount those, I think it's the fact that we are showing improvement with landscaping and just not quite meeting as high level, I guess in terms of how far one goes with that. Our proposal as shown in terms of I think would be the Olive Street if that was an area you felt strong about, an additional tree there is probably is something would make sense. In terms of the dumpsters we are adding the enclosure which is improving what is otherwise an existing situation where the dumpsters are just sitting on the asphalt right now. At this point I certainly could ask our client and see if there is any additional thoughts on that. MR. KIL DISCUSSED THE PLANS WITH HIS CLIENT AT THIS TIME MR. KIL: I think in terms of the planter count, we're showing I think it's 11, and the recommendation was for 15? Is that correct? MR. KLUG: Yes that's correct and the reason we picked 15 is because that would allow for one planter for every two parking spaces and currently it looks like there are one planter for every three or four parking spaces. So we just thought the added planters would help out a little bit with the screening. MR. HOFFMAN: You're referring to the planters at being at the end of the parking spaces with the little trees drawn in, is that correct? We'll give you a chance to come up and talk but we only take witnesses at the mike. Yet I can emphasize with what you're saying. MR. ALFONSE VANOVERBERGHE: I live at 58255 Ramblewood Lane in South Bend. And this is a limited family partnership which I manage. My comment is I'm not really opposed to put more planters. My comment is I'm not trying to hide the building, I want people to see it. This improvement that Greg Kil has recommended I thought was a good idea, but I'm not in objection to adding a few more planters. 7 Board of Zoning Appeals -April 16, 2009 MR. HOFFMAN: I can emphasize you not wanting to hide your retail and auto sales too, but I have some empathy towards the blight of Area Plan in trying to bring some beauty, some aesthetics to the area. MR. KIL: Mr. VanOverberghe said he would add the 15 planters and the additional tree along Olive Street. MR. HOFFMAN: I think that could be a viable compromise. I can't promise how this Board votes but .... MR. KILBASE: The only other thing Area Plan had was a recommendation that the dumpster areas that those be enclosed with some form of gate. Was that just to put them out of view? MR. KLUG: That's correct and also to also contain any loose garbage floating around or anything. So we thought that would be a benefit to the area. MR. KILBASE: Mr. Kil, would that be a possibility that gates be included in that for that purpose? MR. KIL: Mr. VanOverberghe would be acceptable to adding the gates to the dumpsters, so. 3ust to double check, I think with the wood fence that's proposed we can use a wood gate that's compliant with the ordinance. I think that would be acceptable, is that right? MR. KILBASE: I was going to come to you Chuck with the question, what ever they would propose for gates would still be subject to review of the Building Department. MR. BULOT: No. They asked for a variance so what ever they decide on today at this hearing would be what they would be held to. MR. HOFFMAN: I think he was referring to construction of said gates that they wouldn't be shabby. A standard that the Building Department would look at or not. MR. BULOT: There is an applied standard that it should be of reasonable construction value. MR. KIL: And I think in talking with Mr. VanOverberghe a wood fence is one of the materials allowed by the ordinance. We would use a compatible wood gate and with Mr. VanOverberghe's carpentry back ground. MR. HOFFMAN: I was going to say it probably wouldn't be the first gate Mr. VanOverberghe has built. MR. KIL: One of the things no doubt will be something that will holdup better than some of the other gates we've seen on other clients properties. MR. KILBASE: That was my question, was to see if we need to specify at this time what that would be. And that answered my question. MR. BULOT: Let's just clarify actually from the ordinance. Trash containers exceeding thirty six cubic feet shall be screened on at least three sides by a building wall or solid wall enclosure not less than six feet in height and no more than ten feet in height above grade equipped with an opaque screened gate and any solid wall portion of the enclosure should be provided with foundation landscaping. Board of Zoning Appeals -April 16, 2009 A motion was made by Mr. Kilbase to send the petition for Special Exception to the Common Council with a Favorable Recommendation subject to the rezoning and seconded by Ms. Wilder-Hamilton. A motion for approval with the condition that 15 planters be installed, an additional tree along Olive Street and gates are installed on the dumpsters was made by Mr. Kilbase and seconded by Ms. Wilder-Hamilton. The motion carried unanimously. After hearing the evidence on the petition, the Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36-7-4-918.5; therefore, the petition for variances was granted with conditions and the petition for Special Exception is sent to the Common Council with a Favorable Recommendation subject to the rezoning of the property. Based on the testimony presented, the Board of Zoning Appeals, after careful consideration, finds this petition for variances granted with conditions and the petition for Special Exception sent to the Common Council with a Favorable Recommendation subject to the rezoning of the property and will issue written Finding of Facts. PETITION FOR SPECIAL EXCEPTION IS SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATOIN SUBJECT TO THE REZONING OF THE PROPERTY PETITION FOR VARIANCES GRANTED WITH CONDITIONS 4 r \ ~. i ORDINANCE NO AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The alley to be vacated is the first East/West alley South of Washington Street from Franklin Street to the first North/South alley for a distance of 115.5 feet, more or less and a width of 14 feet. Being a part of Vail's Subdivision, Portage Township, City of South Bend, St. Joseph County, Indiana. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. .NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION L The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The alley to be vacated is the first East/West alley South of Washington Street from Franklin Street to the first North/South alley for a distance of 115.5 feet, more or less and a width or' i4 feet: Being a part of Vaii's Subdivision, Portage Township, Cii~ 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 ad 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: 18-3010-0343 - li5 Franklin Place (Parking Lot), South Bend IN, 46601 Owner Name Mr and Mrs. Michael Osowski 19525 Cleveland Road, South bend IN, 46637 SECTION IV. The purpose of the vacation of the real property is: To provide increased a larger and safer access to apartments by tenants; to provide a greener area around the property for the comfort of the tenants and to the benefit of the neighborhood; to eliminate the amount of trafFic next to the building and tenant doors and windows, to reduce noise due to garbage truck in alley, as well as reduction in car and person loitering. SECTIOIII V. This ordinance shall be: in full force and effect from and after its passage (~~ I by the Common Council and approval by the Mayor. Member of the Common Council f Attest: v/i~.~1 {7ir~ ~t .~.r.. ... ~ ~r ;~ N~ ± 1q ~..:' T . ~'~ ~ x. J . 4Y fi :.- 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 -R~~Q4M;G.-.~_L?_~ ~ust_fc~~fEaR~l~~ . 3 rd . N'.E~~}ING - ftEFf^RREQ,,~, ,Z PASSED,;) ~E~~~ ~i9 ~lly'I'~'~ ~~€~~' APR 1 7 2009 JoFfN 1~~o~f'ifJE Gf~Y ~lEftY, 8Q. BEfd~, fiN. i i I. ^S-3Q'1G-?332 i . a' ~ i _ , - - - - - ; 'i~3~r10~J3i~ '--- _ ,_- ,.o g c ~ 18-3010-03x4 Q1~°-,-3010-034201 ~~ ~ ~° ~ ~ I 18-3010-0335 ~,, 18-301D-03x3 a~ ~ R150.0' = I , ~ I ~ Rs C u- ~ X18-3010-0336 18-3Q 10-Q344 - ~~ \\ ,18-3010-033Y ~ ~ • ~ ;~ ~ ~ L~~AI., I~ESC~PTf~l~1: . The alley to be vacated is the first East/West alley South of Washington Street from Franklin Street to the fast North/South alley for a distance of 115.5 feet, more or less and a width of 14 feet. Being a part of Vail's Subdivision, Portage Township, City of South Bend, St. Joseph County, Indiana. 78-3010-0345 ,~ . ` f 18-3010-0346 .j b ^ ~ ~ l .~-{Z ~.~ q ~3 1sc`~3fl10-0351 r`d ~ ~1 a ~-301 a1o352 ~ 18-s01 ~-035; 15-301 0 • / i - ~ - - - 18-3010- 54 18.3010' 0 0 gas 1a-solo-o ~7 ~ b35ta_ .o Jefferson Blvd APR ~ 7 2009 JOF{N V04RDE CIYY CLERY, S0. B£ND, tid. ;~E T fTfON TO ~~E~Cf-~ i E FUI3LIC R6C~f-E'FS-O[=-~'~!f~`t` (STV~EETSIALLEYSI 4„ .~~ ~~- i+rwcaRUtsenal rn!J4lICIL DATE: ~ ~~ ~, ~ ~ r~r ~, Lenw ~r - OFTHE CITY OF SOUTH BEAD, INDIANA (l4~E), THE UNDERSIGNED PROPEi~TY OWNER(S), PETITION YOU TO !!AGATE: A. .THE ALLEY DESCRIBED AS: ~s~~n ~~ti ~., _ ~ I(~: .~ ~,~ .,~ ~~.~~. ~ ~. -~-~. ~~ ~s~ ~S~ l~ ~s~- ~ ~~ sue- ~ ~~- ~(~~s ~~~ ~c 3~n t'ce~~'~~ Cn S'hc~~~ J.ra ~ lu~r~1 ~so~, /~ ~l~`2.-~c' c( r-s-(-c~~~ t L ~ ~~f\ GC'T~~ U~c~ Su~~~r15tc~'~ C' C.~ ~l0 C L n C ~5 GR~~ ~`~ Ct.~~ o-~ ~ ~ ~ N`' ~ S ~ ,~ ~` s~~- ~`~ ~, ~, ~ In ~~~ct~ B. 'THE STREET DESCRIBED AS: NA~41E (signed & printed) ADDRESS LOT # ~~'l ~r~. ~ ~~ u-~-- (I~ fi ran.~l~n ~lac~ Ig-3c~io °~3y`). ~ ~~1~~~~~'i,~~c ~J ~~~~'-~ ~I1 ~s~e~i~'~ ~i~'tC~ APR 1 7 2CC9 ao~t~ vao~c~ cn~r c~~~y, so. ~f~o, i~~. RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOId1455-COUNTY-CITY BUILDING SOUTH BEND, IN 4660'1 574-235-9221 CONTACT PERSON (S) NAf!~IE: u J ADDRESS: ~3 l O N• M~ ~'/G~~~G i~-"~' .~t~t~-2 ~~{I .C~t~C~C© .i~ ~C~u~ j 316 C.oLIN'I~Y-CITY BUILDING 227 JEFFERSONBOTJLEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAx 574/ 235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LuECI~, MAYOR ~ (~~~ ®F ~t7~LIC ~®>~S September 8, 2008 Mr. Steve Mihaljevic Mag Mile Properties, LLC 6348 North Milwaukee, Suite 341 Chicago, Illinois 60646 RE: Alley Vacation -East Half of the East/West Alley West of Franklin between Washington and Jefferson Boulevard (Preliminary Review) Dear Mr. Milhaljevic: The Board of Public Works, at its September 8, 2008, meeting, reviewed your request to vacate the above alley, which was tabled at the Board of Public Works meeting of September 24, 2007. At t'r~at tii~ne 1."e Board stated that you needed to find alternate fire and medical access to your building and an alternate public access route. You were also instructed to contact the owners of the adjoining properties and obtain signatures in support of the vacation, and provide a buffer for the adjacent property owners. The Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office have again reviewed your request and found that all conditions of your previous vacation request have been met. Subsequently, all departments have given favorable reconnmendations to your request. Yoa will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Please contact Tony Molnar at (574) 235-9254 prior to piclfin~ up your radius map. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, ~~Linda M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER ._.. _....... - 191259 1 7/J JAI -0972 ~ ~ 9/9.59 ~ ~ /GAGB ~ .v 5319 53 /ao • BI. O ~~ 82 1 a/747G 1 ~8 1 /an•GB - ~ ~ 58.8 /04.48 :~, ,~ n ri COL FAX r- -'-' ~~ ~ 4l B. 93./3 3419 ~ !:/9d B4 4B M.]G 44~]G So ~ ~ ~" 'Yk5' 9!259 19/25.7 h - g;w. O 0 ~ 1 2 s.., ~ ..... ~ ~ o I ~~ ~ ' 1 'tµ 1d 91 9317 I ;. . ~. ~' I ~ „ '^ • m~_' -m53 G~..^. •/055 X l; ~ I ~ a ? rA ~ 1 e - . ~tL }~ i~,. I 1/9.59 l ]aose.oz^ 10.107 8].]8 .$10 ~+1 5/. 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I~ • ST. ~ `;~ Gf 5 r, //5.5 ^ , ~ i~_ I, •0]40 ~ 6G ~ /•0349 ~I ~ ~ 'I~'~ 2 y" 2 II e ~~f 2Pa5~ o ,~;. -nom{., ~ ~ 3 -035/ w /EFFERSONA•LLE~ T~ ~',~,V ~, ~ 6YAYNE L_ r. b" ~. la 1 ~ { *~ © ~- ~ r ' I i ji`j• i. x f~ X14.. P ~ rY- . ~~ ...~~Y. I. h :` .~' !'}i 11 ~ri: ~ c L L~-~ [ ~;:~~ iii ~';i44jii!l; ~~ ~. 1 i~l~lf ~, i ; f'.~ ~t~~~ }3o~-d o i , _n~ `~ I I; ~~~Ft; d~" ~~If~ +:. ~;~~ ~ 007 , ,;,~ ~~1 ~, •?~ s.~, ' n'. .,ir*.Jrs s: '; Snrt~ :i1 i n{.q: ,i?~~I~r~ {; - i i i ' . ; i i ~ . i . I Id~T~R-OFFICE f!=REI~flt~~F~®UM ~®AR~ ®F PUBLIC Wfl~K~ . TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax). Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community &.Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department' Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin(a~nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk v~ RE: Request for Recommendation -Alley Vacation Location: East Half of East/West Alley West of Franklin between Washington and Jefferson Biyd. . (Preliminary Review) DATE: August 1, 2007 DUE: August 20, 2007 FAX OR E-MAIL TO:, 235-9171 / Imartin(cr~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS ~ RECOMMENDATIONS: ~C-G!f BY: gl,. IPbT~~-®lo~~~~ ~l1Ei~d®~~9®U~i t ~p0; Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dr®ss®I, Community ~ Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Soiid Waste . Wi{liam Kraus, Police Department' St®phen Goen, Police Department Cheryl Greene, City Attorney's Office Jim B®ttin, NIPSCO (irbEttinCa?nisource.com or 284-2220 fax) ~urpas s Onlyai FRO{; Linda M. Martin, Cleric ~~ i~E; Request for Recommendation -Alley Vacation Location: East Half of East/West Ailey west of Franklin between Waehinaton arynd Jefferson Bivd. tl-rBllllllnal:y ~a~14+'i~ . DATE: P,ugust 1, 2007 . DUE: August 20. 2007 ~~ p~ E_MAII. TO; 235-9171 / ImartinCc~southb®ndin.s~ay RETURN RECQMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. i COFiAMEtVfiS ~ RECOMMENDATIONS: .. - .. ff~o~ uS~ Sere ~ ~. 15 /~ A fI e°,,~ V~r_.oIJ //9i c~~~ (~.focJ~ ~7 ~ .2 /~d /tl~x7/ 44~ ~~iQJ~ ~, Gam. s ~ F ant .~ is ~I~~9 .~ BY:~~-`~~ ~~~ DATE: l~~'"7'`~~ Z0/t0 39tid id~Q S2iI.8 QNS3 H1f10S 90£65£ZbLS LT~ZT L00Z/L0I80 I ~` ~. ®~ ~® t~T~RmCFF9C~ I~n~EPn~t®RA~DIlM ~®ARD d~F PUBLIC VVOR€CS . TO: .Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, N1PSC0 (Irbettin(a~nisource.com or 284-2220 fax) For Informational Purposes Only FRONT: Linda M. Martin, Clerk ~~ RE: Request for Recommendation -Alley Vacation Location: East Half of East/West ANey West of Franklin between Washington and Jefferson Blvd. (Preliminary Review) DATE: August 1, 2007 ®UE: ~ August 20.2007 _~~~ ,..,_ FAX OR E-MAIL TO:, 235-9171 ! (martin a(~southbendin.goy_ ~~ ~~ . RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: i.2 1~gs 9'~r~ ~a$:~i~G~l~~3 ea~.me. '9'~~i~b~as~~%~g ~~ ~a~~ ti~g~ ~~ ~~ ~ BY: ~ ~ ~ ~ DATE: ~I ~`i~I~'~` ID=+15742359697 ~•©2 ag-2~-07 14:27 COMMUtVITY DEVELOPME[~3T . ' i t 1 I i 'l i ~~ . ' i • i i a ONT~AR°k~~~~d+~ 1611~Itl4®aiip,~iN[~j®~4J~1IG1 ®jWRJ ld~ ~~~6-~C L~~'®f'BI't~d TO; Carf Littr®II, Engineering Department John Byomi, Area Pian Commission (235-9813 fax) Jef# Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department Stephen Gaen, Police Department Cheryl Greene, City Attorney's Office Jim Bettie, N1PSCO firbettin(dlnisource.cam or 284-2220 fax) purrposes Qnlyai FRo~: Linda M. Martin, Clerk ~- taE; Request for Recommendation -Alley Vacation • ~ oa:;:;,: ~°st Na~f of PagtJWPSt AI1ev West r and Jefferson Blvd. (Preliminary Review) DATE: August 1, 2007 DUE; August 20.2007 PAX OR E-IViAIL TC7: 235 9171 1 imartin(c'~soufhb®ndin.QOv RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COM~IEN1'S ~ RECQM1ViENDATIOtdS: r'~r, d r qc~~~o~ BY: ~hrrS ~~ess~,[ DATE: 8~2~ ~ ~~ Page 1 of 1 1-a~~~ E~~b~ta~ - Vie: 2u"4d s°~r~~~~~-~EQ~ly ~~~. u~~~~ ~~ fra~C~tur~ _ ,~, -.-:. i ~--,csp: .-. s^c ~r,aa~'kJ `+:t!'A~ ~!ri.' H' ~_ .i_. 1..,.,---`~- Lna ~....1:.'...~.'7'^2..~ ._D~_a'_.'o- ., ... .. i _._.,. ,: ,~.. ., ... r ~.~:.. Ero~vc: Andre Price To: Linda Martin ~aic~: 8/31/2007 6:21 AM ~ubj~ct: Re: 2nd request-alley vac. west of franklin this will not affect trash collection »> "Martin, Linda" <Imartin@southbendin.gov> 8/29/2007 10:23 AM »> This E-mail was sent from "RNP83D994" (C3828). Scan Date: 29.08.2007 09:23:23 (-0500) Queries to: admin@southbendin.gov filed/C:\Documents and Settings\LMARTIN\Local Settings\Temp\XPgrpwise\46D7B376S... 8/3112007 ~~~a ~~®~~ ~~~~~~~~~~ ~~ ~~. Jc~~~~~ ~~~~~~~ 1140 County-city Building South Bend, Indiana 46601 Larry P. Magliozzi John W. Byorni Assistant Director Executive Director www.st'ose hcoun indiana.com/areaplan Fax 574 235-9813 Phone 574 235-9571 1 p ~ September 6 2007 The Board of Public Works 13`h Floor, County-City Building South Bend, Indiana 46601 RE: Vacation ' First half of east/west alley west of Franklin between Washington and Jefferson Blvd. Dear Board Members: The staff has reviewed this petition. It is the staff s opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. (2) The vacation would not make access to the lands of the aggrieved person by means of public waV di~cul_t or inconvenient. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. The staff recommends the alley be vacated. Sincerely, .. 1 R bert Nemeth Senior Planner 4 i i ~ /~ ~f ~ ~~".~ i ~ Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana