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HomeMy WebLinkAbout05-11-09 Common Council Meeting Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, MAY 11, 2009 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS ~.nn p M 09-36 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING ALL POLICE OFFICERS KILLED IN THE LINE OF DUTY AND DECLARING MAY 8 - MAY 15, 2009, AS POLICE OFFICERS MEMORIAL WEEK IN SOUTH BEND, INDIANA 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL N0. 13-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2517 & 2521 WESTERN AVENUE, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA 16-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 117 NORTH TAYLOR STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA 21-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 244 SOUTH OLTVE STREET, SOUTH BEND, IN 46619, COUNCILMANIC DISTRICT 2ND DISTRICT IN THE CITY OF SOUTH BEND, INDIANA 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 30-09 PUBLIC HEARING 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 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 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 24-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO REDUCE 2009 BUDGET APPROPRIATIONS IN THE GENERAL FUND (FUND N0. 101) AND PARKS AND RECREATION FUND (FUND NO. 201) 31-09 PUBLIC HEARING 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 PUBLIC HEARING 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 PUBLIC HEARING 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 PUBLIC HEARING 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 8. BILLS, THIRD READING TIME: BILL NO. 13-09 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2517 & 2521 WESTERN AVENUE, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA 16-09 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 117 NORTH TAYLOR STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA 21-09 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 244 SOUTH OLIVE STREET, SOUTH BEND, IN 46619, COUNCILMANIC DISTRICT 2ND DISTRICT IN THE CITY OF SOUTH BEND, INDIANA 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 30-09 THIRD 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 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 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 24-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO REDUCE 2009 BUDGET APPROPRIATIONS IN THE GENERAL FUND (FUND N0. 101) AND PARKS AND RECREATION FUND (FUND NO. 201) 31-09 THIRD 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 THIRD 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 THIRD 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 THIRD 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 9. RESOLUTIONS BILL N0. 09-35 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 09-37 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALER/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2009 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE 10. BILLS, FIRST READING RTT.T, N(7 _ 35-09 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF MAIN STREET FROM WAYNE STREET SOUTH TO THE FIRST EAST/WES.T ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 14 FEET. SAID ALLEY IS A PART OF THE ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH .BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 11. UNFINISHED BUSINESS 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 April 22 2009 S ,~ _ ~ .~ `,~ -~ ~ tk '.1 _0 5 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, Ciry 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, tn- GV ~ ohn W. Byorn JWB:jsc Attachment Reyna Benitez Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana s.t ~ ' .~ h y t u mac: ` ~ ;+'4 y ~.. r .,i1 j`.: • ..M1~ a,.., .r'Str. > - /• r ~ f ~ ,~` ~Ay,az•.Y+rrv.~.jyyM~!:~:t'X'KI.~"C"w..L:t.L:...,...,w:r.. Jy 1. _ ~' '~. ~ _. ~. t~ ~~1r t ~~ ,. ~j..: ~"r,,, 1~ f. yet' kit' 1 R' F F /\' , \„\~ v~ h"'y_ s „`a ~r' 'f s ITTTS .v+~~ ~~ ~aws u--.~. ~ . ~ ~ ~ ~~~ ~ r L ~ • P-,. ~ ~ / N I (~+ b _ l- r _ ~ ! ! ~,y`~; ~ / Staff Report APC # 2505-09 Owner: Reyna Benitez Location: 2517 & 2521 Western Avenue Jurisdaction: City of South Bend 12egnested Action: The petitioner is requesting a zone change from MU Mixed Use District to CB Commercial Business 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 Mined 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 aze often large space users which may include limited amounts of outdoor sales or outdoor operations. Developments within the CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby residential districts. Site plan description: The site is 7,200 square feet. The proposed auto repair will use 2,400 squaze feet of the existing building. The building covers 33% of the site. The paved area covers 4,800 square feet or 67% of the site. There is no measurable open space. The site has access from Western Avenue. The access to the car 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: Western Avenue : is a four lane road. There is an alley to the east and north of this site. Additional information: (Agency comments) Building Department: If the en#ire property is rezoned, the use of the residential units will be jeopazdized. 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 azea'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 3~-7-4-~03): 1. Comprehensive Plan: 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 potenrial 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 1Vfixed 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. t• -a~.viasiiiw u'aial iii jir vj%~ :'.~^•1zTC::.=: The property values of the single family homes to the north maybe 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 incompliance 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~. a " swew~e m E m § ~ . m ~ N ~ soww~ ~ ~ N 0 $ ~ O Zaagg eA110 16 wp Pollsh National Aasoelatton $ - a dwest M er ~ m E }~ hleo's Res urent rU v o mo C 3° o N ~ o Gm. Brink's rity a p ~ h . b Co. A.C. Rle ® p a ~ 5 oraar ~ ea m Body Shop < ~ P m ~ to oT M eo Restaurant Roale's r s Stan ind Ted'a La is mower Sales ~ ~ Jasmine' Ica Cream Shop < oeal Cuart t Unlon ~~~° m n • e C 8 J Auto ales ~ Rcealaf aza (Broeery store)' s Perfect T ouch Hair Salon a w _ New Cre on Minktry Shce's La Ros 1 " ~ m ~ Chleago equarla (reafaureM) ~ C ,s,,,p,,.~ tUe Denm rk (bar I tavern) w u.aw•a ~ a Pourer rake d Sprln .. ` ~ V Central P nderla (bakery) m .r+ `u'' H y _ & ~ ~ ^ , ~ Ibarre Aut Sales t ~ . ` ~ ~ w: a• t Hot eels Auto Sales C V) O ~ w. , P Bnke 8 Spdng ~ Harrison Elementary Seho N ~ s •~ L t0 ++ Fam Dollar ~rn d ~ O a~^ AUDI Inn ewt ~ Wiaul ~ ~ t. GogPs Mlnl Mart (gas staLon) ' a a ~ • ~ rc umni ~ ~ ~ rnrn t ~ N 3 Munchla Mar m ~x ,s.n~,w~ Rlce'a ecorda b Audlo That Cheese ke Plaee ~ 0 Martlnl reenfwuse m a estaida ardware le wBypM ~ ® ~ ~ BVWiPM Sunahlna ollday Laundry Porter C s Loeo's Me n RestaurentRestaurant x ~ ~p Auto SalasAuto Sales ~at Stop quor 6 o0c/1'~ uper Claan (ear wash) ~~ Auto Zone Panda Aut Selas, Muffler 6 Brake Tea~3S UePl~a4S s ~ 3 ..vv.cn f ~re~ ~i~n ~on~rrli~siorl of St. Jo~op~ Go~ll~~y 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 Apri122, 2009 ~ L ~ ~ ~ ~ - ~ ~' _ F 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 N. Tayiur Street, Ciiy ui Souin Bend is Beni 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, L(1 ' t ~/~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 Report APC # 2507-09 Owner: Donald Kenneth Irminger III Location: 117 N. Taylor Street ,durisdiction: City of South Send Regmested 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 Uses 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 are apartments zoned MF1 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, nattual 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-~-603): 1. Comprehensive Plan: Policy Plan: City Plan South Bend Comprehensive Plan. November 200b H 2.6 Encourage homeowners to maintain their homes. , 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 area 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 comer 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. ~. responsible development and growth: It is responsible development and growth to allow a single family home to continue to be used as such. Recoffiinendation: 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: 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 ... ` !~. ~; st. ~ _ d ~ t ~ r S.~R ~~r ~ ~~' ~ ~ ~ j i ` I IM r~.~ ~ ~~ ~ ~ ~ =~~S ~- ~ j F A'• Y , ' ~~ G 1 1 ti _ ~ ~ `J~~ ~~~? ~ r 11 ' _` ~, ., ~, ~ ~ ~ 1~ (~~hj~ ~ ~ ~ _ P t vy~.•a~ry!ii 1 11 Y~~fY~Y. } _~ ~ i r ~ 1~~~ ~i ~ ~ ~ ; i .. 5 i y~. 11I~ 1^ '~I tit L~t „' y~. ~,i - '~' i ~ i . tr et ~ C., '1"~ ~ . i ''t 'F ty iu r~ ' A~i~`' ~)~ ~ ~ ~ i i ~?iF ~~~ r 1 r L # ~ r tYS~ ~~ :f '`S~ ; rk ~:`i _ E7 K-~KJ Y r ?~..i!y ~~ r .w.%~R~. .F~ i ~~li ~' . ,~'~ ~ti+r ~ . S ~ ~ ~ ~ ~ i f ~ ' h ~.a; " t i i ~ ~ i ..1 ,~ C . xr Colfax L Q Washington ~ Q ~:~,` y1~, ~ u"F e 1 L . ~ 1 o-l~~kc fir ..e ' '~ tiezoning from: '•~ U •' i~IXE D IJ ~E DI STRICT $~ •'~L~~" ~Yi19CaLE F~~+IIL~ ~ T~~ FI~dIL~' ~%~T~ICT Zoning Key SOUTH BEND "SF2" SINGLE FPMILY & TWO FAMILYDISTRlCT SOUTH BEND "MF1"URBAN CORRIDOR MULTIFAMIIYDISTRICT ',,~~. SOUTH BEND "MU"MIXED USE DISTRICT w ~ s 1 inch e~qual~ 129 f~~t Tif ~ ~ ~~~~'~~ ~i-aa ~I~~ ~or~l~ission of S~. Jos~~ah ~OU~~y 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areapian Fax 574 235-9813 April 22, 2009 ~t,~~ S ~^~~~~~-- ~ ~ ~ ~~ ~~ ` ~ `~ The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, ]N 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, 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 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, Ciiy of South Bend is sent to the Common Council with d a~orabla 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, ~~Q1.t.vl. ~-~k~hr~W. B orni~" 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 I3enort APC # 2510-09 Owner; 244 South Olive, LLC Location: 244 South Olive Street Jurisdiction: City of South Bend laequested 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 squaze 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: "I'o 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 squaze feet. The subject property, contains a 22,395 square feet b??ild~g that covers apnroximatly 26% of the site. The site plan 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 aze 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 recommends paving the south access easement. The City Planner responsible for the Western 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 redeveopmern objectives. Commitments: 244 South Olive, LLC #2510-09 Page 1 of 1 5 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 l: 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. Lamd Use Plan: City of South Bend Comprehensive Plan, November 2006 Future Land Use Plan: The map shows this property as Heavy Industrial. The rezoning is not consistent with the Future Land Use Map. Plan Implementation/OtherPlavs: 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. 3.' r:~ost uesirable ;:se: The most desirable use for this property is commercial and/or industrial. 4. Conservation of property valves: . 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 pazcel will be able to be fully utilized. 244 South Olive, LAC #2510-09 Page 2 of 2 ~~ll ~d. 2z..-~~ ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT-OF-WAY TO BE VACATED IS DESCRIBED AS THE PORTION OF FRANKLIN STREET RUNNING FROM THE NORTH RIGHT-OF-WAY LINE OF INDIANA AVENUE, NORTH TO THE SOUTH RIGHT-OF-WAY OF STULL STREET, BEING A DISTANCE OF . APPROXIMATELY 1324 FEET MORE OR LESS AND A WIDTH OF 57.75 FEET. ALSO TO BE VACATED IS THAT PORTION OF THE RIGHT-OF-WAY OF BROADWAY STREET RUNNING FROM THE EAST RIGHT-OF-WAY LINE OF FRANKLIN STREET, EAST TO THE WEST RIGHT-OF-WAY OF LAFAYETTE BLVD. BEING A DISTANCE OF APPROXIMATELY 340 FEET MORE OR LESS AND A WIDTH OF 74.25 FEET. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above-described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: THE RIGHT-OF-WAY TO BE VACATED IS DESCRIBED AS THE PORTION OF FRANKLIN STREET RUNNING FROM THE NORTH RIGHT-OF-WAY LINE OF INDIANA AVENUE, NORTH TO THE SOUTH RIGHT-OF-WAY OF STULL STREET, BEING A DISTANCE OF APPROXIMATELY 1324± FEET MORE OR LESS AND A WIDTH OF 57.75 FEET. ALSO TO BE VACATED IS THAT PORTION OF THE RIGHT-OF-WAY OF BROADWAY STREET RUNNING FROM THE EAST RIGHT-OF-WAY LINE OF FRANKLIN STREET, EAST TO THE WEST RIGHT-OF-WAY OF LAFAYETTE BLVD. BEING A DISTANCE OF APPROXIMATELY 3401 FEET MORE OR LESS AND A' WIDTH OF 74.25 FEET. ALL SITUATED IN BOTH STULL'S 2ND ADDITION TO THE CITY OF SOUTH BEND AND STULL'S 1ST ADDITION TO THE CITY OF MYLER, NOW CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right- of-way, unless such rights are released by the individual utilities. ~. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Tax Key Number 18-8027-1122 Tax Key Number 18-8007-0351 Tax Key Number 18-8006-0349 Tax Key Number 18-8027-1101 Tax Key Number 18-8027-1108 Tax Key Number 18-8027-1106 Tax Key Number 18-8027-1107 Tax Key Number 18-8006-0344 Tax Key Number 18-8006-034201 Tax Key Number 18-8006-0335 Tax Key Number 18-8006-0329 Tax Key Number 18-8005-0228 Tax Key Number 18-8004-0166 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 1B-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 18-8.021-0849 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 Commor~ Council Attest: City Clerk. G~~n~! ac~~ grt ~~ i~€~~, 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 g ~ ~3,~ 1 S~ PUBLIC HEARING ~ rd READING NOT APPROVE REfERRE~ • PASSEd3 r y £q"e°~ e dUi?id VCCr;C~E CITY Ct „~^;, .t), i:~;dD,1N. PETITION TO VACATE PUBLIC ALLEY RIGHTS-OF-WAY TO: THE COMMON COUNCIL DATE: March 31, 2009 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE RIGHT-OF-WAY TO BE VACATED IS DESCRIBED AS THE PORTION OF FRANKLIN STREET RUNNING FROM THE NORTH RIGHT-OF-WAY LINE OF INDIANA AVENUE, NORTH TO THE SOUTH RIGHT-OF-WAY OF STULL STREET, BEING A DISTANCE OF APPROXIMATELY 13241 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 & rinted) & ADDRESS Tax Key Number City of South Bend, Department o£ Redevelopment 1200 County City Building South Bend, Indiana 46601 18-8006-034201 18-8006-0344 18-5097-3443 18-8006-0349 18-8006-0338 18-8027-1101 18-8027-1108 18-8027-1106 18-8027-1107 18-8006-0328 18-8006-0322 18-8006-0329 18-8006-0335 18-8006-0331 18-8006-0330 18-8006-0325 18-8006-0324 18-8006-0319 18-8006-0317 18-8006-0316 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 .-~/dYl lcf f- ` ~,11~~5 ~itiQ.~ •D nald Fs./Inks, Director of Redevelopment City of South.~end, Department of Redevelopment _ 3 ,APR - 2 2009 JGH~ J00'i0~ GI1"f C3 b„K, S0. ~rr?0, lAl. 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 DESCRIP'PIORT• THE FIRST 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 ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. APR - L 2CG9 ~o~v vaci~~E CITY GLcr~K, "O• BE~Q,1P1. - Owners within 150' Eggers Real Estate LLC 408 W Indiana Ave South Bend, In 46613 18-6027-1122 Ridge Company Inc 1535 S Main Street South Bend, In 46680 18-8007-0351 BLK LLC P.O. Box 2586 South Bend, IN 46680 18-8005-0228 Old Fort Building Supply of South Bend Inc 1401 S Main Street South Bend, In 46613 •18-8004-0166 Williams Communications Inc. One Technology Center P.O. Box 22067 Tulsa OK 74121 18-8002-008002 New Jersey Ind & Ill Railroad 110 Franklin Road SE Roanoke, VA 24042 18-8021-084905 ~~E~~ j~~ ~~~~~v aPR - ? 20C9 ,i0t~i'1 YOG~,~E CITY Gi~~nK, S:.'. ~E~i0, i?~!. 5 MICHAEL .1. DANCH, L.A. ~ Land Surveyors .Professional Engineers Landscape Architects .Land Planners 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 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 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 340E feet more or less and a width of 74.25 feet. Being situated in both "Stall's 2"a Addition to the City of South Bend" and "Stall's 1St Addition to the Town of Myler in the City of South Bend, St. Joseph County, Indiana. Dear Council Members: Our clients, the City of South Bend, are requesting the approval of the Vacation of a portion of Franklin Street, and the described portion of Broadway Street. These rights-of--way are located Between Indiana Avenue and Stull Street. The reason for this request is to allow the City of South Bend to develop a one lot Minor Subdivision which is for the proposed Transpo Bus facility project. The City .and the Petitioners believe that vacating the above mentioned rights-of--way will not have a detrimental effect on the adjacent properties located along this portion of Franklin Street and Indiana Avenue. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, ichael J. Danch President Danch, Harner & Associates File #080106 pjh F~~~~ ~iI ~~~1'~'~ ~~~j~~ APR - 2 2009 JGtiIJ VGGt;DE Gi5'Y C~.ERK, SCt. l3£tdt), tip. 1643 Commerce Drive South Bend, IN 46628 once 5741234-4003 ^ 8001594-4003 ^ Fax 5741234-4119 208 West Mars ^ oernen apnngs, ivu ~+~ ~~~ once 2691471-3010 Fax 2691471-7237 f~-- r F p j~ .sy / k 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 Cbde Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I, The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The alley to be vacated is the first East/West alley South of Washington Street from Franklin Street to the first NorthJSouth alley for a distance of 115.5 feet, more or less and a width of 14 feet: Being a part of Vaif`s Subdivision, Portage Township, 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 ad easements of al[ utilit[es 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 - 115 Franklin Place (Parking Loth, 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 ne[ghborhood; to eliminate the amount of trafFie 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. , SECTION V.. This ordinance shall be in full force and effect from and after its passage ns 1 by the Common Counci6 and approval by the Mayor. Member of the Common Council '~ . Attest: ~;;°7s"sirs ~i - '-~ (,.3r; ~~~1 ;~ ! aPt,A !1 .,.-~. a•.r.~ i a'}<<~~ Lid ~,~a :l b~6~Ct7 i~'1 ,~~. a ...:F: ..~. .,.... ~,,..,~ ~(td .~ ? , g~ 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 PUBLlCr,~-1EaR113G 3 rd , RE,~~ING -. ~!t7T• ,AP~'~t~~ , REF~ItRE~„[s ~ Z PASSED.; ~E[~F~ ~~ ~1~1'~i'~ ~~~~i~ APR 1 7 2Qag J4t{N ~QORL~E GI'PY CLERK, SQ. 6tr;~D, fol. I i I I I IF~3"ilV1v^~J~~Q 1'-J~~V"4-;.'.1~ I I ~~ ~ Q d Qi ~ \ / / n ~i. ~. . \ \ / a C 018-341 a-43a2n1 13~3n10-x351 ` 18-3010-4334 r a ~ /• ~O \ / ' ~ . 1 a-3410-4335 018-301n-034.3 ~ a 8-3a1 ;0352 f ~~ ~ R150,0' c l ~ I I m 1 LL ~ i €-301 n-0344 ,/ 1fi-301 ~-a35,s © ~ X18-301a-0336 1 • ~ / \ ~ ~ ~ / 18-301n-0337 ~ ~16-3n1a-4345 ®8-301.L035401 ~ '~ / ~ ~ ~ ~ / ci \ ~ ~ ~ \ ~ f '1&-3414-4346 ~ i •~' ~ _ _ _ _ - - - 16-3010- 5~ 18-301C- 0 0 )348 .,© 8-3010- 47 D3~ ` Jefferson Blvd APR 1 ~ 2ao9 JOFfN VpOHDE I,E~~ I?E~CRIi_P'I~I®1~: CITY CLEBK, S0. BEF14, Icy. ~c~~~ t~ ~Ieek'~ ~~s~~ The alley to be vacated is the first East/West alley South of Washuigton 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. nETET€Q€~'~O tfACl~TE PU€3L€C E~€G€-€TS-C3€=-V"t~`Al` cST~EETSr~.LLEY~ DA~ ~ f~ ~ OF THE CITY OF SOUTH SEND, INDIANA I (l4~9E), THE UNDERSIGNED PROPERTY 0~9NER(S), PETITION YOU TO VACATE: A. .THE ALLEY DESCRIBED AS: rr'' n ('. , i Iu~r 1 oV'~ l~ ~~ r 5-(~G~ c~-~ l~ SAS ~C~..~ ~'C'9fl~ tCcrl~ilC~1 ~~'C'~Q-~ o p~ ~ , C' C'.~ ¢10 ~ L d C C%~> ~RG~ i~`c ~.~~ o-~ _( L~~s~ 2~' ~t S ~- t~ ~^ I s.~~= C~ ~ ~'~- ~ fn ~~~e'n~ 13. THE STREET DESCRIBED AS: INANE (signed & printed) ADDRESS ~~a ~r~, ~ ~;- ~~.~ ~ ~ ~-~o~~i l to ~[a c~ ~~ ~1,.r-! ~ ~ ~ ~r ~~~~~15 c ~~~~d ~~ ~.s~r[~'~ ~~ai~e APR 1 7 2CC9 JOHN VOORDE C[t'Y GI~RK, S0. ~Ei~12, IN. RETURN TO: OFFICE OF THE CITY CLERIC JOHN VOORDE, CITY CLERK ROOIlf1455-COUNTY-CITY BUILDING SOUTH BEND, IN 4660'i 574-235-9221 CONTACT PERSON (S) LOT # 16~3~1o-~3u`1. NAfl~IE: ~~~ ~ ~t~ha~^,C-ul~ , // u J ADDRESS: b~ ! O N. Mt ~G,~k~e ~-'~- ,~~ t~-e ~~' I .C~~'c~co sL btu ~ PHONE: ~~~ ._~°" - ©~i n 1316 COUNTY-CITY BUILDING 227 ~ JEFFERSON BOTJLEVAAD SOUTH BEND, INDIANA 46601-1830 PHONE 5741235-9251 Fax 574!235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR ~®~~ ®F ~U~LIC ~T® September 8, 2008 Mr. Steve Mihaljevic Mag Mile Properties, LLC 634$ 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 that time the 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 recommendations to your request. You wil•1 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 piclan~ 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 MEMBER. MEMBER PRESIDENT n COL FAX m r~ g ` a I~ ~ ~ ~ ~~ j ° I~ °~ --~.~-~, ~ m v O ~~ I O ~ Im O n O. ~ „ o f ~' ~ ~` i 0 O O n°P 5Z.o! y I ~ ~ v~ar q ~ l u 1 of j _ I I -mom ,~ r x . - ,~ r . I •055 *I 94 i 46r , r ~ N I a• a I. pee ~ Q d- P ~ m n I nl II O m ~ I m I{,1~ I 2-loeaol _~ ~ r i p ~ r I Q ~ l9 I~ 00 0 r I I d- I~ m n y-loea.oz i 1 0 8I o le.wz ~ ~a.ea I r „43 ac.ee 7 '~ /a 55 SB 50 50 93.76 . ~ _ _ ~ r~ N TAYLOR 6TREETMINOR .. .. _ .. ..- -0472 ral2.sa I -~ I i oGBT . __..../~ X43 -r " /GB.GB r ?I a I -!,~. /GS - "-~-[9T3.~8 _J>'~ - 9 ns, O as 7a7c 78.76 AVE. ~ ("T !J~ ~ ~ a ! I r ----, _ P~ ~ ,~, 53./3 54/3 N.76 Sa 41.66 9r~ 11/151 430.26 .- I -~ 4G8"a ' 4G8` I I ~' I 172A6 ~• 1 1 ~ V~J o~ G~I a ~ ~ ~ ~Y DY.4SH/NGTON `'- ~- -~eEO s~ 19568 N.1r m so 5! ea3 FA91 , M r /!A3 nzea h ~ ~ /4184 ;~ ~ G6 r n~ml e}, ~ I •o9as~ k ~P prop/ oP0,20~-. r • ~ K ~ , ~ -/793 L u m W -/~ " 43 ~ "~ /4784 N~ -1797 ~ ~ IS-3C -'-/47.~ ~ 45 n '^ .>; ,~~ -/799 ~' xx e;`~a4 ,1~ -~~u //-0315 3 a - /2-010 d 4,RSl-o314 //s f /3.0927 5-o3s5 l4 ~ =o~s~ '/y-o319 7-o3~e ° z-oa77ol o O~'`p a ~ ~~~~ 5 _ _ ~~Q~ ~\~~ 4`~ 1- 0977 187.rN 172.]6 18-E023 aw o7 ST. n i75~- `° /I.iS 1¢ 0~5 /13.5 9_093:2 ~'03.o S (aG ~ 1.0849 P= 10 2 ~ y ~: 2 //-o33F ~ N o352 '."~ /~-039' 4'D343 ~ w &' 4 /a. n4.4 _.~~.. ~L~ _ ~~~~''o ~~ ~~1~~~6 .S u ~ ~ 3 ~-t t ! II I Cpl ~ ,~~~~ ~ ~L~ (~I 'n I~ n /EFFERSON~~~EY 7-~y ~~,V yyAYNE e., !a. h ,5119 7ppJ6, 4 ~-- - ~ i. a • ~~2Pa5~ o ~.' N •'~ 'I ,-~- ~ I~~ 0 'x/11. 1~' ~ ~ ;; ~: I ~; yep v~ ~ 1 ~o~a o~~~ boa ~, ~~~.'~a;~007 ~ I .-~• _,~~;! .. .. ... ~•1,~-, . 4 v . ~ ~i ~• 1 j i iII s . 1 i > ~ i ~ i ~ i ' i i i ~. i i i . i I6~TER~OFFICE MEMO~N®UM ~OAR® OF PUBLIC W®RI`C~ 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 (Lbettin nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ~~ RE: Request for Recommendation -Alley Vacation Location: East Haff 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(a southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS ~. RECOMI~iENDATIONS: BY: DATE: g(~ ~~~ 9&~5i ER~~~~l~~ i~iER~I®f~~®U6~fl ~®AR® ~F ~U~LI~ W~R~~ ~°p; Cori Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax} Jeff Gibney, Community & Economic Development Chris pr®ss®1, Community & Economic Development Bob Mathis, Community & Economic Development Robert Sand®rs, Fire Department Jack Dillon, Solid Waste . William Kraus, Police Department Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim B®ttin, NIPSCO 'rbettin nisource.com or 284-2220 fax) Furpos®~ Onlyai FRpM; Linda M. Martin, Clerk G~ i~E; Request for Recommendation -Alley Vacation Location: East Half of East/West Alle West of Franklin between Wa hin ton and Jefiferson Blvd. ~ . (rr6ii;-1ina~.y RavEq .) DATE: August 1, 2007 , 's I i DUE: August 20 2007 FAX OR E-MAIL. T~:, 23g-917'i / Imartin southbendin. ov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COi~N11rN'tS ~ REGOMIl11ENDATIONS: .. - ~~ .. f ft'or/1 us ~' ~ Serr_ ~ .~ ! S /~ A ~I ~/' ~5~. o ~ ~' i I G~ s.. F ~~ ,~ ~' is ~I~~~ BY: `~ .~ ed DATE: ~d"~~~"~ , .` t0/~0 39Cd 1d~Q 3~IId QNS3 H1flOS ', •~ a 90E65EZt~LS LZ~ZZ L00Z/L0/S0 I~lTERa®FF9CE ~n~EP~i®R~~®l~I~~ I~®ARD 6~F PUI3LID W®RI(S 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(cr~nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ~~ RE: Request for Recommendation -Alley Vacation Location: East Half of East/West Alley West of Franklin between Washinaton and Jefferson Bfvd. (Preliminary Review) DATE: August 1, 2007 DUE: Auaust 20. 2007 -:~~ " ~'.~ FAX OR E-MAIL TO:, 235-9171 1 Imartin a(~southbendin.gov '~ RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: ~~ ~d,a. 4s,,11a~ ~ ~Q~ bra ~~~.g~~ ~~ ~~~'r4~~ ~'"~.,~ s~~.yae-t~~~. ~~ ~~~ ,~ BY: ~~ '! ./~ ~~~~- DATE: ~ ~ ~`i~ J4~'~ ID=+15742359697 P•D2 08-20-07 14:27 COMMUNITY DEVELOPMENT . ' i I 1 ,i i I `' i I . ' OY~3®! ~R~°3~p~~p~~I6r~ Itlt~ltlipa®~IY/B"sIV®®I~~+IC~1 TO; Carl Littr®II, Engineering Department John Byomi, Area Plan Commission (235-983 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 Departrneni' . Stephen Gaen, Police Department Cheryl Greene, City Attorney's Office Jim Battin, NIPSCO firbettinCa~nisource.com or 28~-2220 fax) poi poses Onlya' FROM: Linda M. Martin, Clerk qE; Request for Recommendation -Alley Vacation Location; East Half of East/West AIIev West of Franklin between Washin ton and Jefferson Bivd. (Preliminary Review) • DATE: August 1, 2007 DUE: August 20.2007 FAX OR E-MAIL 70:• 235-9171 t irrtartin southf,endin. av RETURN RECOMMENDATION PAGE QNLY. ATTAGHNIENTS NOT REQUIRED. comnnENrs ~ RECOnnnnBNDA'TtoPds: rwr, d -fbr ~c~ ~-~ o ~ ~~~~i~~ gY. ~hr~ S s s ~ DATE: Page 1 of 1 i F 1a91it~~ d~~6`~09~ -~~: ~Q~(~ G`~(~u~§~°iulQ~~ ~€~~. FFo.~~S~ ®~` ~9'~G~~~~rll _ _.v-_ ........ .~- FtEF'- fi, Frovro: Andre Price To: Linda Martin ®ace: 8/31/2007 6:21 AM Subj~c~: 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 file://C:\Documents and Settings\LMARTIN1Local Settings\Temp\XPgrpwise\46D7B376S... 8/31!2007 i 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Assistant Director Executive Director Fax 574 235-9813 Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan September 6, 2007 The Board of Public Works 13th Floor, County-City Building South Bend, Indiana 46601 RE: Vacation First half ofeast/west alle west of Franklin between Washin on and Jefferson Bivd. 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 way difficult 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, R bert Nemeth Senior Planner Serving South Bend, Lakeville, New Carlisle, Norih Liberty, Osceola, Roseland and St. Joseph County, Indiana i,.-1 ~~ ~ ~ ~-,, BILL N0.27-09 (SUBSTITUTE) ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS PARTS OF SECTION 6-26 OF CHAPTER 6, ARTICLE. 6, OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO LOW VOLTAGE CONTRACTORS 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. It has also been determined that providers of "communication service" should be exempt from the registration and fee requirements of Chapter 6, Article 6, Section 6-26 of the South Bend Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCII. OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Chapter 6, Article 6, Section 6-26.1 shall be amended to read in its entirety as follows: Section 6.26.1 Definitions and Exemption The term "low voltage contractor", for the purpose of this ~tisle Section shall mean and include anyone engaging for remuneration in the business of installing low voltage wiring, including but not limited to security, fire, burglary, and surveillance systems; video/audio cable, data, CATV, Fiber Optic, and telephone cables. However all providers of "communication service" (as that term is defined at Ind Code 8-1-32.5-3) and satellite television service and entities acting as their agents are exempt from the registration and fee requirements of this Section 6-26. SECTION II. Chapter 6, Article 6, Section 6-26.2 shall be amended to read in its entirety as follows: Section 6.26.2 Regulations (a) Any contractor engaging for remuneration in the installation of low voltage wiring shall be construed as doing business as a low voltage contractor. (b) It shall be the duty of all low voltage contractors including those communication service providers exempt under Section 26.1 from registration and fee requirements, to comply with the Electrical Code adopted by the City of South Bend. (c) Failure to comply with the Electrical Code and all other applicable local, state, and federal laws and regulations shall be grounds for suspension or revocation of a low voltage wiring permit, issued hereunder, and may be grounds for refusal to renew the low voltage contractor registration as well as for any other penalties prescribed for violation of the Electrical Code adopted by the City of South Bend. SECTION III. 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;-e~ael} ~3-:99_ a. 25 or fewer each $3.00 b. Each thereafter $0.50 SECTION IV. 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. Member, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. 1st P.EADING ~_t~~~l~ PUBLIC HEARING ~ rd READING N®T APPItC1VEf3 FCC~EE Mayor, City of South Bend, Indiana ~iE~C~ ~~ ~E~t"~'~ ~~F*ia~ I`~ AY - 6 20G9 „C11~IN'lDwfiDE CITY Clrri~'tt. rU. EE41D, Itd. 1400 CovNn-Crrt Bun-Drrrc 227 W JEFFERSON BOULEVARD $OUTI-I BEND, INDL4NA 46601-1830 PxoNE574/235-9241 Fax 574/235-9892 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR I)EPARTMEl~TT OF I~A~ CHARLES S. LEONE CrrYATTORNEY May 6, 2009 Mr. Derek Dieter President, South Bend Common Council 4a' Floor, County-City Building South Bend, IN 46601 ALADEAN M. DEROSE CHIEF ASSLSTANT CITYATTORNEY Re: Bill No. 27-09 Amending the South Bend Municipal Code -Low Voltage Contractors Dear President Dieter: Enclosed is a substitute version of Bill No. 27-09 which is an ordinance amending Chapter 6, Article 6, Section 6.26 of the South Bend Municipal Code. The original version of this Bill revised the fee schedule for low voltage contractors in light of recent data. The substitute version of this Bill creates an exemption from the registration and fee requirements for providers of "communication service" and satellite television service and entities. The substitute version of Bill No. 27=09 further makes clear that these entities are exempt solely from the registration and fee requirements, but not from compliance with the City's Electrical Code. . Mr. Charles Bulot will present the substitute version of this ordinance to the Common Council at its appropriate committee meeting and at the public hearing in the Common Council's regular meeting session. Thank you for your consideration of this matter. Sincerely, i` ~-~ :;; ~ i ~~ ; L ~ ,~- Aladean M. DeRose Chief Assistant~iL3c AMD/cw cc: Charles Bulot ~1~~i~ $~ ~~~;1"~'~ ~i~i~~~' tii~~~ - ~ L~'L~~ /~,~{,~ ndCf~li~r1`s~/viiC[!~ q 4'y ` GL~~ ~11, ~V. ~GI{if, 1~~. THOMAS L,. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI SHAD7N E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN I~~ t ~ ~~~ ~ ! ~ ~~ ~~~ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $4,098,521 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE NEIGHBORHOOD STABILIZATION PROGRAM FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING,MARCH 1, 2009, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. Statement of Purpose and Intent: The 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 Community 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, hldiana, 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 (HERA) and of the Code of Federal Regulations, Part Five Hundred and Seventy (570) for the Community Development and Neighborhood Stabilization Program. This appropriation shall be administered by the 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~SIL4RE\COMMDEV\NEIGH 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 fiends 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 1~,Iti vs /~.~~ ~ Member of the Comm Council Presented by me to the Mayor of the City of South Bend, Indiana on the 20 , at o'clock .m. City Clerk day of F:\DATA\SHARE\COMMDEV\NEIGH STABILIZATION PROGRAM\2009 NSP ORDINANCE.DOC at day of 20 , Stephen J. Luecke, Mayor ~-~ 3 -~~ 1 st READING PUBLIC HEARIt~C 3 rd READING NOT APPROVED REFERRED PASSED Approved and signed by me on the o'clock .m. ~8~~~ ~f1 ~~~~`~S'~ Q~~i~~ APIA ~~ s 2ao9 JJHN V00RpL- GiTY GLEt~K, SQ. BEhID, IPI. 1200 COLRVTY-CITY $LJILDING 227 W. JEFFERSON $OULEVARD SOUTH $END, INDIANA 46601-1830 PHONE 574/ 235-9371 FAY 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR March 30, 2009 Mr. Derek Deiter President, South Bend Common Council 227 W. Jefferson Blvd., Suite 400 South Bend, IN 46601 Dear President Deiter: The attached bill for Council consideration and approval will appropriate $4,098,521 in 2008 Neighborhood Stabilization (NSP) funds. This action allocates new funds in accordance with the 2008 Action Plan and Amendment of the Housing and Community Development Plan submitted to the Department of Housing and Urban Development on November 26, 2008, and further amended and resubmitted on December 15, 2008. As was discussed with the Community & Economic Development Committee on November 6, 2008, the 2008 HCD Action Plan NSP Amendment was the subject of a 15-day public comment period that began November 11, 2008 and expired November 25, 2008. The funds being made available are part of the Housing and Economic Recovery Act of 2008 (HERA) and represent a one time formula allocation to South Bend as an entitlement community. The City received the Release of Funds Notice on March 1, 2009. Grantees will have 18 months to use the funds awarded to them. That 18 month period is triggered by HUD's execution of the Grant Agreement, of which we have a fully executed copy dated March 23, 2009. Should there be any questions on this bill please contact me at 235-5845. to address this issue at the Apri127`I' meeting. Thank you. Sinceiel / ,r~~ lL'` - amela C. Me~ r ~ ~ Director cc: Jeff Gibney Catherine Fanello John March Judy Rosheck Jeff Gibney or I will be present filed in Gl~l°ls'~ ~~f ~€c~ .~/ ~~+u+q~'~I'I 1~CQI~vE Cell ~ Vl.~^1. rf+1 r^::;~J' {;.~ COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL HL PROGRAM PAMHLA C. A'IEYER ~ DONALD E. INKS I~IANAGFMENT 5741235-9660 574/235-9371 ELIZAfiETH LeoNAUD F:\DATA~SHARE~QIvF~I~E~L`Ij~~ STABILIZATION PROGRAM\2009 NSP ORDINANCE.DOC 5741235-9371 ~J1~~ U•4~ 1< 6 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO REDUCE 2009 BUDGET APPROPRIATIONS IN THE GENERAL FUND (FUND NO. 101) AND PARKS AND RECREATION FUND (FUND N0.201) STATEMENT OF PURPOSE AND INTENT On November 10, 2008 the South Bend Common Council approved the City's 2009 operating budget as Ordinance No. 9874-08. At that time, it was likely, but not certain, that 2009 tax revenues would not be sufficient to fund the approved appropriations at 100% due to the impact of HEA 1001 which provides various tax caps (I.C. 6-1.1-20.6). Because of the now certain lost revenue effect of this recent legislation, and the inability of South Bend to recover the loss in 2009 through other measures, the appropriations from General Fund (No. 101) and Parks and Recreation Fund (No. 201) must be reduced from the sums approved in Ordinance No. 9874-08. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The appropriations approved in Ordinance No. 9874-08 for the fiscal year ending December 31, 2009 shall be reduced in the following amounts: Fund General Fund (No. 101) Parks & Recreation Fund (No. 201) Major Budget Classification Personnel & Benefits Supplies Services Personnel & Benefits Supplies Services Amount of Reduction $2,800,000 750,000 250,000 $ 500,000 250,000 100,000 The reductions are more specifically described in detail at Exhibit "A" attached hereto and incorporated herein. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Cou cil Attest: 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 PUBLIC HEARING '~ rcl RE,4DII`JG hOT AR.F~.(7VEE~ REEERREI~ PASS x~: ~ ~~ ~~f~~9 ~l~G~f ~l`i ~.~1'si ,~ r,i~t~ - 8 2009 . - . CITY C1.Eis'tf, Rd• BBND, IIV. Exhibit A Summary of Budget Reductions---2009 by Major Budget Classification General Fund Mayor Reductions Personnel 1 Mayor 5% pay cut $ 4,732 2 5% reduction in salary Mayor Assistants, Dir. Secretarial Services, Dir. Communications $ 6,520 3 Eliminate Special Events Assistant $ 35,202 4 Reduce all remaining 2009 baseline regular salaries to $ 7,336 2008 levels 5 Reduction in Seasonal & Interns $ 2,000 6 FICA/Medicare ~ $ 4,268 7 PERF $ 3,347 8 Long term disability-eliminated position $ 62 9 Health Insurance-eliminated position $ 8,352 10 Life Insurance-eliminated position $ 120 11 Flex-eliminated position $ 500 12 Parking-eliminated position $ 420 13 Auto Allowance (internal transfer) $ (8,100) Total $ 64,760 Supplies 14 Centrals Services Gasoline see attachment Total Services 15 Dues/Subscriptions $ 10,000 16 Promotional $ 7,200 17 Professional Services $ 13,000 Total $ 30,200 Board of Safety Controller Net Reduction $ 94,960 Personnel 1 Board Members- All volunteer, no payments $ 16,581 2 FICA Net Reduction $ 16,581 Personnel 1 Controller position 5% cut $ 2,361 2 Reduce 2009 baseline to 2008 salary levels $ 5,164 3 5% Reductions for Director of Human Resource, $ 4,065 Director of Finance, Director of PW Finance 4 Eliminate System Specialist II $ 46,219 5 FICA $ 4,422 6 Medicare $ 3,469 7 Health Insurance $ 8,352 8 LTD $ 62 9 PERF $ 3,469 Net Reduction $ 77,584 Morris PAC Palais Legal Personnel 1 Director 5% pay cut; reduce to 2008 levels $ 7,448 Supplies 1 Various supply items are reduced $ 5,174 (printing, office supplies, cleanining supplies, etc.) Services 1 Various contractual service line items are reduced $ 48,398 (postage, travel, telephone, bldg. repair, etc.) Net Reduction $ 61,020 Personnel 1 Director 5% pay cut; reduce to 2008 levels; eliminate $ positions 42,136 Supplies 1 Various supply items are reduced $ 4,311 (printing, office supplies, cleanining supplies, building supplies, etc.) Services 1 Various contractual services are reduced $ 14,394 (postage, travel, printing, repairs, training, etc.) Net Reduction $ 60,841 Personnel 1 5% Reduction in City Attorney pay $ 1,557 2 Deputy City Attorney N to III $ 9,643 3 Allocate 2 Deputy City Attorney III's to Fund 226 $ 54,533 4 Allocate Paraglegal to Fund 226 $ 3,841 5 Interns-Zeroes out any interns $ 40,000 6 FICA $ .8,382 7 PERF $ 4,174 8 Health Insurance $ 14,198 9 Flex (allocate to fund 226) $ 850 10 Life Insurance $ 204 i l LTD $ 106 Total $ 122,130 Supplies 1 small office equipment $ 1,000 Total $ 1,000 Services 1 travel, promotional, office equipment, legal services $ 8,180 education, and training, etc.) Total $ 8,180 Net Reduction $ 131,310 Engineering Personnel $ 539,165 transferring positions to other funds Net Reduction $ 539,165 Building Mtn. Personnel $ 55,716 transferring positions to other funds - Net Reduction $ 55,716 Street (T&L) Personnel $ 149,992 transferring positions to other funds Net Reduction $ 149,992 Police Personnel $ 899,040 Note: Reduction is predicated on not filling six positions . currently open, also not filling five civilian positions currently open, managing overtime. Supplies - reduce various accounts $ 1,111 (gasoline-see attachment) Communication Center Personnel $ 54,000 two positions will not be fiIied in 2009 Net Reduction $ 954,151 Fire Personnel & Benefits 1 Regular Salaries & Special Pays per contract $ 289,823 Assumes 8 unfilled sworn firefighter positions and all civilians at 2008 pay levles. Code Enforcement Junk Vehicle Animal Control Park Fund Administration Maintenance Supplies 1 Reduce various repair and supply accounts $ 15,033 2 Gasoline see attachment Services 1 will reduce various contractual service accounts $ 19,163 Net Reduction $ 324,018 Personnel 1 Reduce salaries to 2008 levels $ 12,845 2 FICA $ 983 3 PERF $ 771 Net Reduction $ 14,598 Personnel 1 Reduce salaries to 2008 levels $ 697 2 FICA $ 53 3 PERF $ 42 Net Reduction $ 792 Personnel 1 Reduce salaries to 2008 levels $ 4,792 2 FICA $ 367 3 PERF ~ $ 288 Net Reduction $ 5,446 Total General Fund $ 2,486,174 Personnel 1 Reduce salaries to 2008 levels, transfer $ 26,067 Computer Tech to fd 203, Eliminate Park Ranger and Marketing Part time 1 Services reduce various accounts $ 16,000 Net Reduction $ 42,067 Personnel 1 Eliminate Salary increase $ 81,565 Eliminate Courier, 2 Gen Laborers, 1 Eqpt Op II, 1/2 Carpenter Increase PT to compensate for above Cut OT Supplies 1 Reduce various accounts $ 23,125 2 Gasoline-see separate attachment Services 1 Reduce various accounts $ 7,160 Net Reduction $ 111,850 Golf Personnel $ 14,916 Eliminate salary increases; reduce part time Supplies $ 9,910 Services $ 500 Net Reduction $ 25,326 Recreation Personnel $ 114,069 Cut Pools one day per week, cut playground sites, transfer PT to fd 203 Eliminate Salary increase, transfer Fitness Coordinator to Fd 203 Supplies $ 15,900 Services $ 17,700 Net Reduction $ 147,669 Zoo Personnel $ 1,378 Eliminate salary increases Supplies $ 421 Services $ 1,500 Net Reduction $ 3,299 Total Park Fund $ 330,210 Name of Fund # of Fund Gasoline Supply Category General Fund #101 Mayor $ 4,063 $ 2,000 Engineering 15,600 2,944 000 23 Street (T&L) 37,963 , 574 000 Police 940,157 750 230 , 134,000 Fire Code Enforcement , 67,587 41,600 Junk Vehicle 2,597 1,600 Animal Control 16,751 10,300 Total 1,315,468 789,444 Reduction in General Fund $ (526 024) Park Fund #201 000 129 Park Maintenance 209,625 , 050 1 Golf 1,706 900 3 , 1,198 Potawatomi Zoo , Total 215,231 131,248 Reduction in Park Fund $ (83 983) ~°~~~1~1 (~ i ~~'~a's^ ~f~E~~ ~R~ - 8 2009 JDhPl VaORDE GITY G(.~MK, S0. Bi:idD, fY. COUNTY-CITY BUILDING 227 ~ JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PHONE 574/ 235-9216 FAx 574/235-9928 TDD 574/ 235-5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER Apri18, 2009 Derek Dieter, President South Bend Common Council County-City Building, 4`h Floor South Bend, IN 46601 Dear President Dieter: The attached ordinance, Reduction of Appropriation for the General Fund and Park Fund, begins the process of bringing these two funds in line with estimated property tax revenue losses in 2009. These losses are the result of House Bill 1001 property tax reform. The budget reductions do not equal the total revenue loss of 2009 of approximately $8 to $10 million. However, because the city did not spend all of the 2008 operating and capital monies available, these unspent monies coupled with the reductions in the ordinance will allow the city to avoid the General Fund and Park Fund from being overdrawn at the end of 2009. Most of the detail is attached and some additional detail will be added with a substitute attachment. There are no surprises in this ordinance. Departments have worked ' diligently to identify various areas where they can reduce costs or appropriately match costs in other funds not supported by property taxes. There is still much work to be done as this reduction does not accomplish the $18 to $20 million budget reduction needed in 2010. There are no Police and Fire layoffs in this ordinance. The Police and Fire are avoiding layoffs in 2009 because they are not filling open positions. There are currently eight (8) sworn firefighter positions and six (6) sworn police officer positions unfilled. But note that due to the massive revenue reduction in 2010, this may be unavoidable. Other departments that are eliminating positions in this reduction ordinance include the following: Mayor (1), Parks (5), Finance (1), and Palais (2). The Finance Department Ot~' .. ~ ~u JANICE L. HALL JOHN MURPHY ROBERT ALLEN DIRECTOR ASSISTANT CONTROLLER .DIRECTOR HUMAN RESOURCES INFORMATIONTECI-INOLOGY eliminated two positions (2) and the Parks Department eliminated one (1) position when the 2009 baseline budget was enacted. Also, the ordinance amounts are higher than actual in Exhibit A because we will perform quality control calculations on the numbers provided by departments to ensure there are no errors. ~~e will also review whether we have captured all possible reductions that can betaken this year. If there are more, we will take them. The exact amounts reduced will be included in the final Exhibit A that will be distributed to Council before 2"d reading and final passage. It is common practice to advertise higher in order to account for changes and possible calculation errors. I will present the ordinance at the regularly scheduled Personnel & Finance Committee meeting. Please let me know if you have any questions or request additional detail. Our goal is to accomplish this reduction in April so that the amounts can be reduced upon second reading in order to meet targeted end of year cash requirements. Thank you for your consideration in this matter. Sincerel , _ . ~L~2.GU .,Cat nine Fanello, CPA City Controller cc: Kathy Cekanski-Farrand, Council Attorney Common Council Members Mayor Stephen Luecke -- fig ~ - 8 2009 ~GidP11lC~R~E CiiY G; EPI;€,~SQ. Bi:~;i?, i:I. ~ ~ ll ~~~ '~1-c~~ ORDINANCE NO. AN ORDINANCE 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 IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The appropriations approved in Ordinance No. 9874-08 for the fiscal year ending December 31, 2009 shall be reduced in the following amounts: Fund Moor Budget Classification Amount of Reduction Motor Vehicle Highway Fund (#202) Personnel & 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 Attest: City CIerk ~'sgning of Y~ip~ 6il1 iE ~~~:_~ ~~ ~rovf~~ ~y ~~+w~l'~.~illlp~ i~c r~:. .. _ ~iva~c~~ CQUncil ~~~ on t~p~ i~su~, 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 o'clock _.m. 2 at Mayor, City of South Bend, Indiana tst READING ``2'~~O PUBLIC HEARING 3 rd READIPJG tvCF APPROYF,a REFERRED PASSED ~~~t~~3 ~~a ~'~~~~'~ ~~tT:~~ APR 2 22009 ~(~!s'r! Vt}S3F1DE CITY GLEi";lC; S0. BEteD, iN. County-City Building 227 W. Jefferson Blvd. 12't' Floor South Bend, IN 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. 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 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 el~ M. Cathy Controll.,. ~it~d 1~ Cl~rk'~ ~f~~~e APR 2 2 2009 JONiV VOpRDE CITY CLERK, SQ. 6END, IN. 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 9874-08), it has become necessary to reorganize the City's Budget and to reduce various appropriations within certain City Funds. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: ORDINANCE NO. 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 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 Attest: 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 ,4PR 2 22009 St';I-;~ tinnrC~?;CE CITY GLE~,:C, 4V. r:~11~, ifl. 1 st READING ~~ -Z'~'~ PUBLIC HEARING 3 rd READING NOT APPROVE REFEP.RED PASSED U' ~, ~:: r ~~ NF,ACF. ,; ` .,A;= . ~: ~:.. 1.;,:~ .1 ~ fa . F:. v: ~-~ X p ~/F.. .. .. ., . County-City Building 227 W. Jefferson Blvd. 12`l' Floor South Bend, IN 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 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 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 soiree 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 el~ M. Cathy Controll.,~ ~iE~~ I~ ~E~t°g~'~ ~~~~~~ APO 2 ? 2009 JONFIVQQRDE t ~ ~e ~ ~~ 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 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 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. ~c~cc~.a~~., ~ Member of the Common Co ncil Attest: City Clerk 6~.ivef~bi~ ke7 C~'.~3y~ ~f a C~j GtI~~G~,Ll ~a VR~l+tt~~t]Gn~~1 EOUl1GlI ~~~~~ Ol ~7tS ~SU~;, 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 ~I~~C~ ~n 1;~~T~C'~ t~~T~~~ APR 2 22009 JQfikl Y409DE C;1Y CtEttK, S0. BEND, IN. 1 st READING ~ ~~`~ ~~ 1 PUBLIC HEARING 3 rd READING '.OT APPROVF~. -PERKED. ASSED .~ ©~ypU't H ,r3~~~ r',: .Y. ~, U ,,,,, '~ er:a,cF ~. W . 4- v , h s. '~ ,z,- ~ r: ~::c ~/j,. County-City Building 227 W. Jefferson Blvd. 12`" Floor South Bend, IN 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 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 Morns 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 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 soiree .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 eI~ M. Cath~ Controll.,. ~il~~ In ~I~F`~'~ ~~ti~~ APR 2 2 2009 JDNN VQQRDE CITY CLERIC, ~Q. BEAID, IM. 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 Boazd 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: 244 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 fmds 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 ~;~~,r,2=;n~._ ~{5a'.,a~., ,~ tt /gyp'{!"~~ ~~'~«.J.~:f ()b ~~ i:vd~ l'y ;;.%;;:."dal' ?b`:s.:t~l!{~ SiifV ((~C>~p~ / !! y ~ii+A.:F ~>: ~r ir:.~dL Ca'U7 'H <:c+ ~+.`aL$~l z -~ `~ ~~~s~~tTED ~~ ~ t~OT APpp,OVED~ ~~~,R 2 4 2009 a~;~~a tru~~~E CI1 s ~~Es~K, 5D. ~[N7, ill. ~,DOPTED BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND PETITIO1oT~ APPLICANT'S NAME AMV Family Limited Partnership PHONE (5741289-2959 ADDRESS 58255 Ramblewood Lane South Bend 1N 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 pending APC approval) OWNER'S NAME AMV Family Limited Partnership PHONE (574) 289-2959 ADDRESS 58255 Ramblewood Lane South Bend IN 46619 COUNSEL OR CONSULTANT Gre~ory A Kil of Kil ArchitecturelPlannin~ PHONE (574) 288-2654 ADDRESS 1126 Lincolnway East South Bend Indiana 46601 NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: For the CB Zoned PazceI (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 pazking 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 Pazcel): 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 are true. Signature of Property O (s) *~= ~:""- 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. kilarchitedure.com 1'126 LINCOLNWAY EAST SOUTH BEND I N 46601 (574) 288.2654 VOICE 289. 2420 FAX ~, 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 Gl 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 far 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 "GI" general industrial zoning does not permit some of the types of retail uses that a CB zoned parcel would allow. The project and site plari 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 of the property; I( I L ARCHITECTURE PLANNING www. kilarchitedure. com 1126 LINCOLN WAY EAST SOUTH BEND I N 46601 (574) 286.2654 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 Ovvner, AI Van Overberghe of AMV Family Limited Partnership, we thank you for considering the special exception and variance requests. Sincerely, ,. Gregory A. Kil, NCARB, AIA Architect _ .. - Kil Afchitecture /Planning 1126 Lincolnway East South Bend, IN 46601 Phone (574) 288-2654 Fax (574) 289-2420 gkil(cr~kilarchitecture.com Cc: Al Van Overberghe file K I L ARCHITECTURE PLANNING www kilarchitecture.com 1126 LINCOLN WAY EAST SOUTH BEND I N 46601 (574) 288.2654 VOICE 289. 2420 FAX 18-4096-351 ~ Information shown on this map Is not wartanled I accurery or merchantability. Reproduction of this malarial Is not possible without written permission of Sl. Joseph County, Indiana. 1 inch equals 152.262382 f . I rl ~•t+ENN PNP'~. l I P ' ~' I .., b i . -r° ; ` ' .- ~ f MADISON r~ 'TWP" •~VNION TWP, ~^; Date Printed: Feb 26,2006 Photography:Spring 2002 N Prepare St. Joseph County OfTice of W E 227 W. Jefferson South Bend, Indiana 4~ S Phone: (574) 245-I f~ ~ AS~AIi I I ~ ~' I I }~y i 1 5 00'B7'BT E MR.B2 SOUTH OLIVE STREET - - -c SITE PLAN '°~ i° °° z SCALE: 3/64" '• 1'-0" NAYR CmlSIRUCndI N CB ~ T 7owNc PRDPDSED Auro $AlES I ® rzNAxl Y I / // EwslWC RUIDNE W m 2ENNE / ® F10SANC BIALORIE N CR 2EreNE I PRDPERtt LNE I PmIRDN BF PARCH, ifl ( ~ I ~ BE RE2MC0 iD CB rF COYYUWIT BUSWESS I O I EASEYFNY X35 SEniACN E' H Ib ~ I I m IR I / tti ~ N ~3 r.am ~~ x9 i ~m U KEYED NDTES: OPNAYCNIAL iRCES N PLWANE O' AREAS-cur FRau [wsn+c ~sPNU7 O ECINwA.CN LAl1D5CAlA1w (w >b Laos[ Pmsl O [wSiNC CCNO}E1E Sw(NAIY O ACCC598LE tURB RAMP O CONCREni MAIN , TABULATED DATA: ER055 9A: 4 t ACNACE: 05,981 ff t 1.971 ACRCS PRDPOSm LAND USES AU7U1084E SATES i SEnNCE EuYc:.i-. NFICE~/ PKmTSmCxiAt ffRNCES PFRSLWAI SERNEE Aaamcs /DANCE s}ww , RE7A% SIaRES E51WAlCw WIUBER tl PARKNC 9ACC5 K I REDIAREO AND PIIBNOEm. ARCHITECTURE e9 AEBiI t 19 PRDVwEB P L A N N I N G 1128 UNCq.NWAY EAST FENfnAL lANO CDAERAEC PFACCNIARk SOUTH BEND, I N LYlUWCS: 2239fi ff- 26Y 1 1 8 0 1 PAAfD AREAS 59,510 ff - 693 GREGORY A KIL OPEx ffACE: 1,07e 4. $x N C A R B A I A ARCHITECT STORM DRAINAGE: 5 7 4.2 B B. 2 8 5 4 Ru5 PRDYC7 Dtli NOi [REA1E AXY F~%. ! 1 1 . ! 1 ! A AOd11DNAL NARB YNALSS W PAAED AlbmNlepura.wm PMKWC OR W BU%mNC ADDII NARO 511RFACC AREA 6 AEd1000 AT II$ 4 BY CAEAIIW tl 1AN05CIPC IAAN05 REOUIREDOFF-STREET PARIGNG: }ABEL 11-0.1.0/E: AU7WCBIF SATES I SPACC PEA ]00 ff SANS ROOR E!¢FDWE Fao?7 ~ xy loco ff - } ' ; PWS I SPATS PCR 2000 4 OPFN ARCA - 1 w AISA ~ . rorAL . 2 ffAffR R(OYI ` `•.,.. AUTWORIE REPNq: •r N~rtL, . 2 PARNNC ffA¢S PER ffRN¢ BAY - 1 Pws 2 as7oAER sPA¢s - Tol,u . 7 .a~¢,~ R, r~o'n NOUSiPoAL ASSEYBIY OR YANLiAC7URING 5,000 ff ! 1 SPA¢ PER 1000 5(. y SPAS RCO'0. NousIWAL rARExws< oR mslmeunaN: 71,000 ff Y I SPACC PEA 7000 Si - D ffA¢5 RF04 YCdCAL t OENIAC CLWCS: I pDLLOR$ ! S SPA¢5 PER 000imf . IB ffA¢S RFO'D 244 SOUTH v79 ff ! 7 s srA¢s rER I.aoo ff . Iz °~"~ OLIVE ST. SPA¢5 IGOV REIAR, N1EDU1C0 fE117ER5 < IOg000 4: AY/FAYLYIAYIFDPARINEiLSI1P 12,500 ff EROS$ IEASABIE AREA N 1 ffACEi $8755 flAlABLFWODD LANE PER 1000 ff - Ew srA¢S RfOA SOUTH BEND, INDIANA pE01CAlEw AllrO SAl[S SPACES . IB (574) 289-2959 nf7Al R[mllREw PARKIxE $PAtt2 . 11} PRwaSEO sPA¢S I}o SITE PU\N FOR ' EZONlNO, SPECI ~• EXCEPTION & VARIANCES DATE MARCH 24, 2DDB REVISED: ~p~_LOCATION PLAN NOT TO SC'AlE C1.2 /~i~iV Falnify Limited Partnership List of Adjacent fl/Iarch 24, 2009 Variance Petition Property Owners Page 1 of 1 018-4096-358110 018-4096-358111 Safety = Kleen Corp 018-4096-358107 c/o Burr Wolff P.O. Box 27713 Houston, TX 77227 018-4096-3579 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 09ff-4096=358116 AMV Family Limited Partnership 58255 Ramblewood Ln. South Bend, IN 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 018-4096-358103 018-4096-358117 LaSalle Inc. Wells Fargo Bank Derider Capital LLC c/o PRP TX 700 Sweetwater Blvd. S. 2315 Western Ave. Longwood FL, 32779 South Bend, IN 46601 018-4096-357904 018-4096-357903 GTEM Partners RLR Investments LLC c/o 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 Board 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 Alvxv ,~ r lvzzr ~r LIM zTEZ~ PAr ~ Nr;rzsr~zl? 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 WII.L 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 50UTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feelin? of the Board that the variance is bending 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, ?009. YES NO ® RICHARD KILBASE ® CHRISTOPH HOFFMAN ABSENT MAURICE HOBAN ® ELONDA WILDER-HAMILTON Board of Zoning Appeals -April 16, 2009 AIYIV 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 hereto 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 agairi 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 11. 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. Just 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 - - vre'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 aiid 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 .F- _ ~~: ~~. ~~~ ~ ~ `l -~ _. 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 Paris 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 Y 44~if~rY~ ~1~ 4: ~e3 T..'.it Xti~ ~~t~ E6! ~'r•p~.'.T- t, dE ~. i C~t~nGi1 aa~on on ~lis is~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 , 2 , at o'clock m. 1st Rl'ADfFG ~~-Ll-~ 5 PUBLlG HEARING 3 rd READWG NOT APPROY~ r^.EFERRED PA55Ei,~ Mayor, City of South Bend ~it~d l~ Giw: ~i'.7+ ~~~«2 APR 2 22009 ~G~lev vooROE CIl'Y CLE~?tC, Sfl. BEPtD, tN. W:, ~, yf ~/ X. ~/ F~ .. 1K~~ ... f,: ,; County-City Building 227 W. Jefferson Blvd. 12~' Floor South Bend, IN 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 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 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. 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 el~ M. Cathy Controll.,. ~it~d to ~I~~~'~ ~~~~~e APR 2 2 2009 JOYN YOQRDE CITY CLERK, ~Q. BEND, IIN. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALER / RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2009 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on May 4, 2009 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following businesses: South Bend Waste Paper 1519 S. Franklin St. South Bend Iron & Metal 429 W. Indiana Ave. have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, Recycling Operations Licenses for the year 2009. WHEREAS, the license applications for all above-referenced businesses received favorable recommendations from the Department of Code Enforcement, Police Department, Fire Prevention Bureau, Department of Water Works, and the Building Department. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license applications for the following businesses: South Bend Waste Paper 1519 S. Franklin St. South Bend Iron & Metal 429 W. Indiana Ave. are approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Police Department, Fire Prevention Bureau, Department of Water Works, and the Building Department as evidenced by the Ordinance Violation Bureau Clerk's communication to the City Clerk dated May 4, 2009. Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. ~, mbar of the' Common Council PRESENTED ~4~~~ - ~ LQ~~ NOT APP~01/.~D _I JOHF! V(3~JF~E ~,DOPTE6~ <''' _ C[TY CLE~if, 50. B4l~D, fEt. Office of the City Clerk John Voorde, City Clerk May 4, 2009 Derek D. Dieter, President South Bend Common Council 227 W. Jefferson RM 455 South Bend, IN 46601 Dear Mr. Dieter, Renewal applications for the operation of Scrap Metal /Junk Dealers /Recycling Operations have been received. In accordance with the procedure for the renewal of city business licenses these applications were submitted to the Police Department, Fire Inspection Bureau, Water Works, Department of Code Enforcement and Building Department for inspection. The following properties were inspected: and have received favorable recommendations regarding fire, code, and environmental compliance; also for proper maintenance of the premises and areas outside the fences, and the height and condition of the fencing. Because the applicants have met all of the requirements of the ordinance, the attached resolution is respectfully submitted for your consideration. South Bend Waste Paper 1519 S. Franklin St. South Bend Iron & Metal 429 W. Indiana Ave. I will be present at both the committee meeting and the public hearing. I can be reached 574-235- 5935 or whays@southbendin.gov if there are any questions or concerns before that time. Sincerely, << 1 ~~~~` Winona Hays Clerk, Ordinance Violation B eau r,.......-...._........~......._.~..~.A.a.. ,s-; ~~7~6 + i;Grih~ Gi7Y G ~ ~i+. ~~ia. ticiti0, !~!. 455 County-City Buildings South Bend, Indiana 46601. 574/235-9221 • Fax 574/235-9173 • TDD 574/235-5567 Mary Beth Wisniewski JaniceTalboom Winona Hays Chief Depury Deputy Ordinance Violation Clerk ~~yU Y ®f~~~~ ®~ the ~i ~i~~~ John Voorde, City Clerk w~~~i~~ ~~~i~~ February 10, 2009 South Bend Iron & Metal 1519 S. Franklin St. South Bend, IN 46613 Dear Sir or Madam: On February 2, 2009 all Scrap Metal/Junk Dealer Business licenses issued in 2008 expired. A renewal application has not been received for South Bend Iron & Metal and it is currently operating without a valid license. This is to serve notice that a renewal application must be submitted within seven (7) days from the date of this letter. If an application is not received the City of South Bend may file an action for injunctive relief in the St. Joseph Circuit or Superior Court. Additionally, under section 4-51(0) of the municipal code the city can impose a penalty of not less than two hundred ($200.00) dollars nor more than two thousand five hundred ($2500.00) dollars. If you have any questions regarding this warning notice, or applying for license renewal, please call 574-235-5935 during normal business hours. Sincerely, Winona Hays Clerk, OVB cc: Code Enforcement, City Attorney's Office 277 W. Jefferson RM 455 County-City Building • South Bend, Indiana 46601 • 574/235-9221 • Fax 574/235-9173 • TDD 574/235-5567 Mary Beth Wisniewski Janice Talboom Winona Hays Chief Deputy Clerk Deputy Clerk Ordinance Violation Clerk ®~~ic~ ®~ the ~~~ ~~~~~ John Voorde, City Clerk February 10, 2009 Waste Management of Indiana LLC 20645 W. Ireland Rd. South Bend, IN 46614 Dear Sir or Madam: On February 2, 2009 all Scrap Metal/Junk Dealer Business licenses issued in 2008 expired. A renewal application has not been received for South Bend Iron & Metal and it is currently operating without a valid license. This is to serve notice that a renewal application must be submitted within seven (7) days from the date of this letter. If an application is not received the City of South Bend may file an action for injunctive relief in the St. Joseph Circuit or Superior Court. Additionally, under section 4-51(0) of the municipal code the city can impose a penalty of not less than two hundred ($200.00) dollars nor more than two thousand five hundred ($2500.00) dollars. If you have any questions regarding this warning notice, or applying for license renewal, please call 574-235-5935 during normal business hours. Sincerely, Winona Hays Clerk, OVB cc: Code Enforcement, City Attorney's Office 277 W. Jefferson RM 455 County-City Building • South Bend, Indiana 46601 • 574/235-9221 • Fax 574/235-9173 • TDD 574/235-5567 Mary Beth Wisniewski Janice Talboom Winona Hays Chief Deputy Clerk Deputy Clerk Ordinance Violation Clerk L IcEi~SE a~I~L Ica - la~l 1=oR SCRAP I•~~ETAL. DEALERS/JUG'~~ ®EALE~S/I~ECYCLII~~~ OEER/~TI®NS CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4-51 I. Check .One: II. BUSINESS DATA A. 8 C. Business Address 429 W. INDIANA AVE. D. E. F. G. E-mail Address H NEW x RENEWAL rr [ € ~~ ¢3~~ k~i ~r`S°~~9:'c~'~ 06'x`°1 FE~2420~9 aor;ra ut~~~~e JUNK DEALER Type of license applied for: X SCRAP METAL DEALER RECYCLING OPERATION Business Name SOUTH BEND IRON & METAL City SOUTH BEND Mailing Address (If different from above) City SQUTH BEND Business Telephone Number Business Fax Number (574) 234-7181 State IN Zip 46613 (574) 291--7006 Zoning of proposed location Lot size of premises J. Type of fencing used STEEL PANEL 1~9ea~e C®c~~i~~s~ ~® l~~~e ~ ~~~ck ®fi ~6~eef) F~6 C~fu~~. Use Only _ Application Filed .~-.a~~L~ Water Works Approval :~-~5 -U~'I Application Fee Paid ,~ -,~~1--L ~ Police Dept Approval ~;-~ ~Vt~~ Sent to Dept ~.-~~;-~~ Common Council Approval Fire Dept .:~- :~ `l - ff~{ License Fee Paid Code Enforcement ~ -~j - D ~ License f\lumber 1 ~~ ~- C;~~ ~~`~_ . Building Dept ,~ ->>,_ State IN 1519 S. FRANKLIN STREET Zip 46613 foot Approved Reason: Scrip i1/letal Dealer/Junk Dealer/Recycling Operation License Application Page 2 K.` Are premises: X Leased by applicant owned by applicant? If leased: Name of owner BARRY BURTON Business address HONON DRIVE, SOUTH BEND, INDIANA III. PERSONAL DATA A. Applicant's Legal Name B. Residential Address _ City WASTE MANAGEMENT OF INDIANA LLC 20645 W. IRELAND ROAD State IN SOUTH BEND C. Residential Telephone Number D. SSN E. Date of Birth Zip 46614 IV. INCLUDE, WITH APPLICATION, A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE, AND LAI`~DSCAPING. V. INCLUDE, WITH APPLICATIORI,~A $5.00 PROCESSING FEE VI. AFFIRiViATION I, hereby, certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in noway attempted to mislead the City in this application by omitting facts Known to me. I have read and understand the regulations of the Scrap Metal Dealer/Junk Dealer/Recycling Operation/Transfer Station license found in the City of South Bend Municipal Code, Section 4-51. ~- ~ ~z"`~`~~~ Signature Date _. , `~ - ~ i~? ',fir i ,~, ; k~. . 4. ' ~HIBIT "B„ Descrpttin of Sublease Premises Sublease premises are that which are depicted as Parcel "A" below. 7• ~ ~ - ~ o ~ .A .~. r D CC`i ~ ~ ._ ... .. -._ .- . -c 150.00' b - ~ .. r ~ A r ~ . ... _._1ii SAC ROII P07t .nq L..7_~_ 1 ... ~ ~F~ .~ ~ .. 1 . D -----~f0.4~ ConC err .._. ..- j --~ rv _ ~ D ~. 142-0 -.~ --- Q~ ~ • - , ; ,. . -. :., .: _ --• - - - ....:... ~ ... _ - .. .. ~ . \ .... . . i,, ~,~• rn ~ / ~ ;~ \ 1~ w -~ O p7 f~ o -~ .-. / ~`J / . n ~, ~ _t y ~ /~ ~. z ... .. ._- ~ . D •:~ r . 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Frf o.v 7- a Ffi~E- t. r,VSiDG • ~'E.sTROa ~ • ~1G-{°s. OFFiGS C R1 C bX'1 /b ` H b ~~ (2/25/2009) Winona Hays - Re: South Bend Iron and Metal Page 1 , Fr®rv~: Stephen Goen T®; Winona Hays ®attr: 2/25/2009 10:22 AM Subje~~: Re: South Bend Iron and Metal No objections This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department -Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235-7515 (574) 235-7538 »> Winona Hays 2/24/2009 4:12 PM »> See the attached. Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 what's a southbendin.oov (3/16/2009) Winona Hays=Re; Schrock Aggregate _____ ___ ~'r~rv~; Mark Lyons ~®; Hays, Winona ®~~~; 3/13/2009 3:03 PM SSas~,y~~g; Re: Schrock Aggregate Shrock Aggregate Co. Approved South Bend Iron & Metal Approved South Bend Waste Paper Approved »> Winona Hays 3/11/2009 1:55 PM »> see attached Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 whays~southbendin.4ov Inspected ~y: Cpl. Aaron Cassel - South Bend Police 1Department Crime Prevention iT~ait 235-9401 ®mnisource 1305 W. Prairie (Recommended) I met with Craig Sarber. He gave me a tour of the new facility, and the fancy electronic data base that they will have. They are not currently open for business, and are still getting things set up. They will be processing each purchase at a kiosk, and getting a photo of the seller that will be included with every purchase and kept on file. ADT is scheduled to install the new camera system (including night vision) on Aug 20~'. He stated that they will have'6 cameras in the processing area alone, and several more around the yard, and building. Their records system will be able to give you a report by name, amount of a sale, or a certain date (just too name a few). I advised them that I would be back in Sept. to inspect the camera system, and make sure everythi-ng is up to what they say it will be. South Bend Iron ~ Scrap, 429 W. Indiana (Recommended) South Bend Waste Paper,1519 S. Franklin (Recommended) Met with Calvin Mazms. South Bend Iron, and South Bend Waste Paper are the same company. They do all of the processing out of the 1519 S. Franklin building. They were incompliance with all of the required items. They were able to provide all requested items for me to review. - Gertrude Street Metal Recycling, 3700 S. Gertrude I met with Gary from Gertrude Recycling. He gave us a tour, and was able to show us their updated surveillance system that is recorded on hard drive. He was also able to provide both city forms, and state forms that customers must fill out. They keep all keep all paperwork on computer to sort, and seazch much easier. r'~;~~~ a.G~+ a i sZ ~ 4 ~ °' ~:~~~~ _ 3 24G° ~~~; ~~,of~~~ .~ a4 ,.i r-~~,1: fit.. ~. ~~ (2/25/2009) Winona Hays - SAD licenses F~®r~n: David Tungate ~®; Winona Hays ~at~: 2/25/2009 3:00 PM Subje~: SMD licenses Ms. Hays- I approve the SMD license for the following businesses: 1. Gertrude Street Metal 2. South Bend Waste Paper 3. South Bend Iron and Metal Dave »> Winona Hays 2/12/2009 11:53 AM »> Please see attached Winona Hays Clerk, OVB 227 VN. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 whavs southbendin.gov ~age_~~ ~,f,~,~ ~~~~ LICENSE APPLICATIQN FOR SCRAP I~flET'AL. ®EAI_ERS/JUNK ®E~aLERSIRECYCLING ®PERA`i"i®NS CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4-51 ~~__,_ L Check .one: II. BUSINESS DATA NEW x RENIEWAL ~i~ ~ ~i~ ~taC€~'~ ~Ls~~ EEB 2 4 ~GOg JGHti NQL~~ ~ CITf C!.f;i?K, ~"v..:•~.t tn, iN. JUNK DEALER A. Type of license applied for: X SCRAP METAL DEALER RECYCLING OPERATION B. Business Name SOUTH BEND IRON & METAL C. D. E. F. 1usiness Address 429 W. INDIANA AVE. City SOUTH BEND State IN Zip 46613 Mailing Address (If different from above) 1519 S . FRANKLIN STREET City SOUTH BED1D State IN Zip 46613 Business Telephone Number (574) 234-7181 Business Fax Number (574) 291--7UOb G. E-mail Address N. Zoning of proposed location Lot size of premises J. Type of fencing used STEEL' PANEI. Please C®eafiinue ~® Page ~ (baci; o~ sheep) F~c ~3ffice 4.9se ®nly Application Filed ~-,~~~`~%I Water Works Approval Application Fee Paid ; ~ -~~) -~ Police Dept Approval 'Sent to Dept ;~-~~-•~~ ! Common Council Approval Fire Dept License Fee Paid Code Enforcement License Number ~C ~ ~~•_~~ Building Dept ~4 Not Approved Reason: ~-Eh1CC= ~L~ CLUS G. ~~Z 1 ~ - f ~v~t ~~ ~-~ 7f 1 ~ ' s~ ~ t i ~ ~;I ,. ~ ' ' ~ , ~ s ~ ~ i ~ /~ 7f Txi ~ i :- '~ 1 ~ ~ z,..,: , f i : - ~ 3 . e ;~; ~ ~ -~ 1 ' - ~w ~1 ~ N " .1 ~ ~~ fsr } ~ e ~ ° ~ ~'»'~il t ~ ~ 1 z ti h `7~j . . S (3/3/2009). Winona Hays =Re: SOUTH BEND WASTE PAPER Fr®r~: Robert Krizmanich ~®; Winona Hays ®~ge; 3/3/2009 6:50 AM subje~: Re: SOUTH BEND WASTE PAPER WINONA, A REINSPECTION IS SCHEDULED IN 30 DAYS. BOB »> Winona Hays 3/2/2009 9:54 AM »> Is a re-inspection scheduled or is the renewal denied? Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 whaysC~southbendin.gov_ Page 1 »> Robert Krizmanich 3/2/2009 9:31 AM »> WINONA HAYS, t c,firt, -4-Yri~L SOUTH BEND WoST..._., F °-..^p€R AT 429 W. INDIANA AVE AND AT 1519 S. FRANKLIN BOTH FAILED THEIR FIRE INSPECTIONS. BOB KRIZMANICH 1400 COUNZY-Cmr BUII.DING 227 W. JEFFERSON BOULEVARD . SOUTH BEND, TNDL4NA 46601-1830 CHARLES S. LEONE CITYATTORNEY March 11, 2009 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF SAW South Bend Iron & Metal 1519 S. Franklin Street South Bend, IN 46613 Via Certified Mail PHONE 574/ 235-9241 FAx 574/235-9892 TDD 574/ 235-5567 AI.AI)FAN M. DEROSE CHIEF ASSLSTANI' CITYATTORNEY Waste Management of Indiana LLC 20645 W. Ireland Road South Bend, IN 46614 RE: Denial of Scrap Metal Dealers/Junk Dealers/Recycling Operations License South Bend Iron & Metal-429 W. Indiana Avenue Dear Sir/Madam: This letter is to inform you that your request for a Scrap Metal Dealers/Junk Dealers/Recycling Operations license is denied based on the recommendation from the Fire Department and the Department of Code Enforcement. Should you choose to contest this denial, you have a right to a hearing. To avail yourself of that right, you must submit a written request to the City Attorney's office on or before March 21, 2009. Upon timely receipt of your request, a hearing will be scheduled. If you fail to submit a written request for a hearing prior to the above deadline, you will .forfeit your right to a hearing. Sincerely, Ann-Carol Nash Assistant City Attorney cc: W. Hays, C. Toppel, R. Krizmanich, M. Adams THOMAS L. BODNAR CHERYL A. GREENS ANN-CAROL HASH TOHN E. BRODEN EFFREY L. SANFORD I ~EFFREY M. JANKOWSKI SHAWN E. PETERSON J LICENSE APPLICATION FOR SCRAP.It~ET'AL ®EALEI~S/JUI~I;C DEALERS/RECYCL9N.G ®PERA3'IONS CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4-51 ____ I. Check .One: II. BUSINESS DATA A. B, C. D. E. F. G. H I. NEW x RENEWAL +~~~ ~.r~a~YwiA~eP ~13Q`i~ FEB 2 ~ 2i1G9 ~ier~t] ~~~cn;3e ~~ cs ~~;c, N.o.~~~~n, ira. JUNK DEALER Type of license applied for: X SCRAP METAL DEALER RECYCLING OPERATION Business Na,ne SOUTH BEND IRON & METAL Business Address 429 W. INDIANA AVE. Cjty SOUTH BEND Mailing Address (If different from above) City SOUTH BEr]D Business Telephone Number (574) 234-7181 Business Fax Number {574) . 291~7UOb E-mail Address Zoning of proposed location Lot size of premises J. Type of fencing used STEEL PANEL Please Coaatina~e ~® Page ~ (bask oir sheet) fog Office tJse ®nl~ ~, Application Filed : -~~~- -"Li Water Works Approval Application Fee Paid - -,' ~ -- • Police Dept Approval • Sent to Dept o -~ "- .~1 ~ Common Council Approval Fire Dept - * License Fee Paid Code Enforcement License Number f.%' ~ -- j',(~_ ~ Building Dept - State IN 1519 S. FRAA]KLIN STREET State IN Zip 46613 Zip 4b613 IVot Approved Reason: ~~Y ~~m ..... WASTE MANAGEMENT '.March 19, 2009 Citv t~f South Bend ~.ttn: Ann-Carol Nash Assistant City Attorney 1400 County-City Building 227 ~;1: Jefferson Boulevard SOUth Bend, iN 45601-1830 sa~~E~aa®aa ~a~asve ~4r~s~r~~ 20645 W. Ireland Rd. ;.. ;;- • ~ ,...: ~ _ ; : ,~ South Bend, IN 46614 (574)299-0500 (574) 291-7006 Fax Re: Denial o'i Scrap 1VIeta1 Dealers/Junk Dealers/IZecyc;ing Operations License South Bend Iron 3c Metal - 429 W. Indiana Avenue Dear 1`~1s. Nash; Waste Management of Indiana LLC wishes to contest the denial letter issued to our facility on March 11, 2009 and exercise our right to a hearing on this matter. It would be appreciated if we may also be provided with the reasons for the denial based upon the recommendation of the Fire Department and the Department of Code Enforcement, so thrt we may address these issues and provide a formal response and corrf~ctive actions. Please feel free to contact me at "119-363-3943 for discussion or for hearing scheduling. Please continue to submit all correspondence to my attention at: Waste P~lanagement of Indiana, LLC 20545 Jt~r. Ireland Road South i3end, I`J =1F,514 Thank you fi;r your attention and response to this matter. Sincerely y Steve ~~owak District Manager 1400 Covrr[Y-CIr7r Bua.nlNc 227 ~ JEFFERSON BOULEVARD SOUTH BEND, INnvrw 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR J,~EPARTMENT OF I,AW PHONE 574! 235-9241 Fax 574/235-9892 TDD 574/ 235-5567 CHARLES S. LEONE 1-i1,twEAN M. DEROSE CITY ATTORNEY CHIEF ASSISTANT CITY ATTORNEY March 24, 2009 Steve Nowak District Manager Waste Management of .Indiana, LLC 20645 W. Ireland Road South Bend, IN 46614 RE: Hearing on Appeal of Denial of a Scrap Metal Dealers/Junk Dealers/Recycling Operations License-South Bend Iron & Metal-429 W. Indiana Avenue and South Bend Wastepaper-1519 S. Franklin Dear Mr. Nowak: This is to notify you that the hearing on your appeals of the denial of a Scrap Metal Dealers/Junk Dealers/Recycling Operations License has been scheduled for Tuesday, April 14, 2009, at 3:00 p.m., in Room 1308 on the 13`h floor of the County-City Building. Sincerely, ,/ Ann-Carol Nash Assistant City Attorney nb cc: A. Gammage M. Adams C. Toppel W. Hays R. Krizmanich THOMAS I,. BODNAR CHERYL A. GREENE ANN-CAROL MASH OHN E. BRODEN JEFFREY M. JANKOWSHI SHAWN E. PETERSON JEFFREY L. SANFORD J 1400 COUNTY-Crnr BUILDING 227 W. JEFFERSON BOULEVARD Sourx BEND, INDIANA 46601-1830 PHONE 574/ 235-9241 Fnx 574/235-9892 TDD 574/ 235-5567 CITY OF SOUIT-I BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW CHARLES S. LEONE CITYATTORNEY April 9, 2009 .Steve Nowak District Manager Waste Management 20645 W. Ireland Road South Bend, IN 46614 AIADEAN M. DERosE CHIEF ASSISTANT CITYATTORNEY RE: Hearing on Appeal of Denial of a Scrap Metal Dealers/Junk Dealers/Recycling Operations License-South Bend Iron & Metal-429 W. Indiana Avenue and South Bend Wastepaper-1519 S. Franklin Dear Mr. Nowak: This is to notify you that the April 14, 2009 hearings on your applications for Scrap Metal Dealers/Junk Dealers/Recycling Operations Licenses will not be necessary. The Department of Code Enforcement informed me that your property has now passed its inspection, and it can recommend that your licenses be issued. I am copying this to Winona Hays, who can forward the applications to the South Bend Common Council. Thank you for your cooperation in this matter. Sincerely, Ann-Carol Nash Assistant City Attorney nb cc: W. Hays, A. Gammage THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. IVIETEIVER JEFFREY L. SANFORD JOHN E. BRODEN __. _ (4/17/2009) Winona Hays - Re: SB IRON &MTL, WASTEPAPER Page 1 Er®a~: Catherine Toppel To: Winona Hays ®age; 4/17/2009 8:11 AM ~ubjeot: Re: SB IRON &MTL, WASTEPAPER Winona, Go ahead and use that letter. Ann-Carol has our inspection results. Catherine i'69. Tois/se/, C. C. O Director City of.South Bend Code Enforcement 227 W.1efferson B/vd,, Suite 1300 South Bend, Indiana 46601 574-235-9486 ctopael C~south bendi n.4 ov »> Winona Hays 4/16/2009 4:30 PM »> I got a letter from legal stating that they had passed their inspections so the hearing wasn't needed. Do you have paperwork showing the approvals or do I use that letter? Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 whays southbendin.QOV_ ®~~~~ e ®~ the ~~ ~~~~~ John Voorde, City Clerk ~l~R~If~G ~Ol'~C~ February 10, 2009 South Bend Waste Paper 1519 S. Franklin St. South Bend, IN 46613 Dear Sir or Madam: On February 2, 2009 all Scrap Metal/Junk Dealer Business licenses issued in 2008 expired. A renewal application has not been received for South Bend Waste Paper and it is currently operating without a valid license. This is to serve notice that a renewal application must be submitted within seven (7) days from the date of this letter. If an application is not received the City of South Bend may file an action for injunctive relief in the St. Joseph Circuit or Superior Court. Additionally, under section 4-51(0) of the municipal code the city can impose a penalty of not less than two hundred ($200.00) dollars nor more than two thousand five hundred ($2500.00) dollars. If you have any questions regarding this warning notice, or applying for license .renewal, please call 574-235-5935 during normal business hours. Sincerely, Winona Hays Clerk, OVB cc: Code Enforcement, City Attorney's Office 277 W. Jefferson RM 455 County-City Building • South Bend, Indiana 46601 • 574/235-9221 • Fax 574/235-9173 • TDD 574/235-5567 Mary Beth Wisniewski ~ Janice Talboom Winona Hays Chief Deputy Clerk Deputy Clerk Ordinance Violation Clerk Off~c~ ®f t~ ~~ ~~~~° John Voorde, City Clerk ~tl ~~~ ~~~ February 10, 2009 Waste Management of Indiana LLC 20645 W. Ireland Rd. South Bend, IN 46614 Dear Sir or Madam: On February 2, 2009 all Scrap Metal/Junk Dealer Business licenses issued in 2008 expired. A renewal application has not been received for South Bend Waste Paper and it is currently operating without a valid license. This is to serve notice that a renewal application must be submitted within seven (7) days from the date of this letter. If an application is not received the City of South Bend may file an action for injunctive relief in the St. Joseph Circuit or Superior Court. Additionally, under section 4-51(0) of the municipal code the city can impose a penalty of not less than two hundred ($200.00) dollars nor more than two thousand five hundred ($2500.00) dollars. If you have any questions regarding this warning notice, or applying for license renewal, please call 574-235-5935 during normal business hours. Sincerely, Winona Hays Clerk, OVB cc: Code Enforcement, City Attorney's Office 277 W. Jefferson RM 455 County-City Building • South Bend, Indiana 46601 • 574/235-9221 • Fax 574/235-9173 • TDD 574/235-5567 Mary Beth Wisniewski Janice Talboom Winona Hays Chief Deputy Clerk Deputy Clerk Ordinance Violation Clerk _..J ' --- lr..:~da~r11~E~E Br ._.__~.._._...._. I - --. ,S /T,~ .~r.~1~0~ /?/9 S. L~.CA.a/KLrN S•O f6AlG~ ..._.~~ __.~._~ --- h ..._.TLJ fail - nC.. _-~- .. r°, 2]r•• - 1 j~%J~~/j~~~~~~~/~ JoGIC / / / j f~~ I w ! r / ~, . p ~ ~, . ~B / ,r/ / V I 2 ~~aw~ `~ ~ • i' i-• nr `a~•i:~•• I Irt0(!~tN6 tJA:9• .. ~ .q,,. 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's• S. mss. iZ./~~ . i~I~y/,~ ~~'~<<:y ~o.• ~, _ T K.7L, _ z '~ 0' • JG ' ~~ I o '~ wr~~ f~.r~~7z, ~~ /~ ~ ~ ~9 W ~ 6 +~ ~O ~' rs3. S ~ rs 3. S ~ r •JI C ~~2 L~•nr ~ ,~ , C . ~ ~~ 1o?Jo 3g~ ~°~ 33 3~ JP.G ,.78, ~ J8. t/ Ji, R .t7 ~~ 2s y ~ •r ii 8.~4 .~ ~ ~ ~ J J Ce oz0 /J /~ / t '{ /,3 /I /~ /C 'a I, .., , .~, .~~• W•] ~ S' ~~ ~.d. .~ 0.z ,~ ~ / ~ d'f~ •r _ 3~l roa• :a 1 ~~ -- I ~ - ~ni~ /rPo~v ~~T~S'-L 1 ~ So IITYS" ' ~ : I~ '.0 T J o The abe~re ria~ is a .plat ~g a perti~~ ;~~ ~tu~.l ~ s , ~4~`h ~,dditiebz ~te the ~;it~ 9f ~~~~th ~e ~Zd, as rec ~rded ira flat 'melt 8 , ' . ~~age 180 , shr~tr.~ ii1~ the la_zd he reiri c ~sils i dered . LICEE~SE APPLICATION FOR SCRAP ~E~'AL DEA! EIS/JU6~~S ®EALERS/~EC1fCLfN~~ ®~ERATIONS CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4-51 I. Checlz .One Il. BUSINESS DATA 8. C. D. E. F. NEW x RENEWAL A. Type of license applied for: SCRAP METAL DEALER (574) 234-7181 (574) 291-7006 x RECYCLING OPERATION BGSiness I`!ame SOUTH BEND WASTE PAPER Business Address 1519 S. FRANKLIN STREET City SOUTH BEND Mailing Address (If different from above) City Business Telephone Number Business Fax Number G. E-mail Address s„ Y~'s2 s' FED 2 4 2CC9 ao:~t~i ~rL~~c= vb ,~~~~, ;~t. JUNK DEALER State IN State Zip 46613 Zip H. Zoning of proposed location I. Lot size of premises STEEL PANEL P9e~~e C®~tane.!!e ~® I~a~e ~ (6~acE~ ®t ~I~eef) For efface. ties Oa~ly+ . Application Filed ~~-~; ~~% Water 1Norks Approval ;~-a~S ~ ~' Application Fee Paid ~ -- ,mac.{-~,~ ~ Police Dept Approval ~-~;;-~,/ Sent to Dept ;~ -o2~f -~r~ Common Council Approval Fire Dept '- ~- - ~~ License Fee Paid Code Enforcement ~ - ~ License Number t`', g - C~~,a i . Building Dept "'a~ t?~- F~~'i Not Approved Reason: J. Type of fencing used Scrap Metal Dealer/Jurtlc Dealer/Recycling Operation License Application Page 2 K. Are premises: X If leased: Name of owne Leased by applicant owned by applicant? ~ BARRY BURTON Business address HONAN DRIVE, SOUTH BEND, INDIANA PERSONAL DATA A. Applicant's Legal Name WASTE MANAGEMENT OF INDIANA LLC B. Residential Address 20645 W. IRELAND ROAD City SOUTH BEND C. Residential Telephone Number D. SSN E. Date of Birth IV. INCLUDE, WITH APPLICATION, A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE, AND LANDSCAPING. V. INCLUDE, WITH APPLICATION,~A $5.00 PROCESSING FEE VI. AFFIRMATION I, hereby, certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer/Junk Dealer/Recycling Operation/Transf r Station license found iri the City of South Bend Municipal Code, Section 4-51. ~~ Signature State IN Zip 46614 ~~ ~~`O`~ Date (2/25/2009) Winona Hays - Re: South Bend Waste Paper Froro~: Stephen Goen To: Winona Hays ®ate: 2/25/2009 10:07 AM Subje~: Re: South Bend Waste Paper No Objections This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department -Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235-7515 (574) 235-7538 »> Winona Hays 2/24/2009 4:11 PM »> FYI - I do not need all the papers back - I just need the cover sheet of the application that shows your approval; I have the original copy in the file. Thanks! Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 whays@southbendi n.oov rays (3/16/2009) Winona Hays - Re: Schrock Aggregate _ ___ _ __ Page 1 iFr®rai: Mark Lyons -~o; Hays, Winona pate; 3/13/2009 3:03 PM Subject: Re: Schrock Aggregate Shrock Aggregate Co. Approved South Bend Iron & Metal Approved South Bend Waste Paper Approved »> Winona Hays 3/11/2009 1:55 PM »> see attached Winona Hays Clerk, OVB ZZ7 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-Z35-5935 whavs@southbendin.aov ~~ ~ ~~ ~l~ ~JC ~~ ~1 ~®1`~ Inspected by: Cpl. Aaron Cassel South Bend Police Department Crime Prevention Unit 235-9401 Omnisource 1305 W. Prairie (Recommended) I met with Craig Sarber. He gave me a tour of the new facility, and the fancy electronic data base that they will have. They aze not currently open for business, and are still getting things set up. They will be processing each purchase at a kiosk, and getting a photo of the seller that will be included with every purchase and kept on file. ADT is scheduled to install the new camera system (including night vision) on Aug 20~'. He stated that they will have 6 cameras in the processing area alone, and several more azound the yard, and building. Their records system will be able to give you a report by name, amount of a sale, or a certain date (just too name a few). I advised them that I would be back in Sept. to inspect the camera system, and make sure everything is up to what they say it will be. South Bend Iron & Scrap, '429 W. Indiana (Recommended) South Bend Waste Paper, 1519 5. Franklin (Recommended) Met with Calvin Manes. South Bend Iron, and South Bend Waste Paper aze the same company. They do all of the processing out of the 1519 S. Franklin building. They were in compliance with all of the required items. They were able to provide all requested items for me to review. Gertrude Street Metal Recycling, 3700 S. Gertrude I met with Gary from Gertrude Recycling. He gave us a tour, and was able to show us their updated surveillance system that is recorded on hazd drive. He was also able to provide both city forms, and state forms that customers must fill out. They keep all keep all paperwork on computer to sort, and search much easier. p Ire ~; r-, fi=.! s v ~Zf~,Q lS4~ ~~a~uei of SV:.I. ..••' MAR - 3 2~~9 r~r~~r~nn4t t/lfinnna Havs -SMD licenses Page ~ ~~®~; David Tungate y®; Winona Hays ®ag~; 2/25/2009 3:00 PM ~ubg~~: SMD licenses Ms. Hays- I approve the SMD license for the following businesses: 1. Gertrude Street Metal 2. South Bend Waste Paper 3. South Bend Iron and Metal Dave »> Winona Hays 2/12/2009 11:53 AM »> Please see attached Winona Nays Clerk, OVB 2Z7 VN. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 whaysC~lsouthbendin.aov ~~ ~ ~~ I. Lot size of premises ~. Type of fencing used ~ ~nre.~c~r n nn~ t!~ ATIr`e01 ran STEEL PANEL P~ea~e C®nfiinue f® Page ~ (back of sheen) 1=®r Offico Jse ®n9y Application Filed :~ -,~c),~~; ~) Water Works Approval Application Fee Paid ~ ,~~~ -;;~) Police Dept Approval Sent to Dept ~ ~J -~?~~ Common Council Approval Fire Dept License Fee Paid Code Enforcement License Number ~~~ - rl >>> 1 Building Dept Not Approved ~1~_ Reason: ~-t-~t,c ~~' ;~/~~ 'S ~~Q I ~C~-E ~ . . (3/3/2009) Winona Hays -_Re_SOUTH BEf~D WASTEPAPER E~~; Robert Krizmanich T®; Winona Hays ®~~~; 3/3/2009 6:50 AM ~iubje~: Re: SOUTH BEND WASTE PAPER WINONA, A REINSPECTION IS SCHEDULED IN 30 DAYS. BOB »> Winona Hays 3/2/20D9 9:54 AM »> Is a re-inspection scheduled or is the renewal denied? Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 whavs@southbendin.4ov Page 1 »> Robert Krizmanich 3/2/2009 9:31 AM »> WINONA HAYS, SOUTH BEND WASTE PAPER AT 429 W. INDIANA AVE AND AT 1519_ S. FRANKLIN BOTH FAILED THEIR FIRE INSPECTIONS. BOB KRIZMANICH 1400 COUNTY-CITY BUII,DING 227 W. JEFFERSON BOULEVARD SourH BEND,INDUV~A 46601-1830 PHONE 574/ 235-9241 FAx 574/235-9892 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF A ,HW CHARLES S. LEONE CITY ATTORNEY ALADEAN M. DERosE CHIEF ASSISTANT CITYATTORNEY March 11, 2009 South Bend Waste Paper 1519 S. Franklin Street South Bend, IN 46613 Waste Management of Indiana LLC 20645 W. Ireland Road South Bend, IN 46614 Via Certified Mail RE: Denial of Scrap Metal Dealers/Junk Dealers/Recycling Operations License South Bend Waste Paper-1519 S. Franklin Street Dear Sir/Madam: This letter is to inform you that your request for a Scrap Metal Dealers/Junk Dealers/Recycling Operations license is denied based on the recommendation from the Fire Department and the Department of Code Enforcement. Should you choose to contest this denial, you have a right to a hearing. To avail yourself of that right, you must submit a written request to the City Attorney's office on or before March 21, 2009. Upon timely receipt of your request, a hearing will be scheduled. If you fail to submit a written request for a hearing prior to the above deadline, you will forfeit your right to a hearing. Sincerely, ~~~ c~>('r~J Ann-Carol Nash Assistant City Attorney cc: W. Hays, C. Toppel, R. Krizmanich, M. Adams THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL HASH JEFFREY M. JANKOWSKI SHAWN E: PETERSGi 1 JEFFREY L. SANFORD JOHN E. BRODEN ~, z :.,::.J WASTE MANAGEMENT SUPE6~1~63 liP!/ASTE SZf$'~E5A~1~ - 20645 W. Ireland Rd. South Bend, IN 46614 (574)299-0500 (574)291-7006 Fax March 19, 2U(?9 .., City of South Bend .yr~n: Ann-Carol Nash Assistant City Attorney 14Q0 County-City Building 227 ~~'. Jefferson Boulevard South Bend, 1N 46601-1830 Re: Dnial of Soap P~'letal DealersiJunk Dealers/Recycling Operations License South Bend `Haste Paper - 1519 S. Franklin Street Dear Ms. Nash; Waste Management of Indiana LLC wishes to contest the denial letter issued to our facility on March 11, 2009 and exercise our right to a hearing on this n:a.tter. [t wo~.rld be appreciated if we may also be provided with tl:e reasons for thz denial baszd upon the recommendation of the Fire Department and the Department of Code 1=,nforcement, so ih:~t wz may address these issues and provide a formal response and corrective actions. Please feel free to contact me at 219-363-3943 for discussion or for hearing scheduling. Please continue to submit all correspondence to my attention at: Wast,. Management of Indiana, LLC 2U645 ~h/. Ireland Road ~~o:rth Fend, I:~~ ~+6614 Tnanl: ;you far yoi.jr attention and response to this matter. ~~eve 1`lowal: District Man:sger 1400 Courm~-CrrY Bun.~n~rc 227 ~ ]EFFERSON BOULEVARD SouTx BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN ]. LUECxE, MAYOR iJEPARTMENT OF I.AW PxoNE574/235-9241 FAx 574/ 235-9892 TDD 574/ 235-5567 CxnRLES S. LEONE AI.rwEnN M. DERosE CITrATroRNEY CHIEF ASSISTANT CrrYArroRNEY March 24, 2009 Steve Nowak District Manager Waste Management of .Indiana, LLC 20645 W. Ireland Road South Bend, IN 46614 RE: Hearing on Appeal of Denial of a Scrap Metal Dealers/Junk Dealers/Recycling Operations License-South Bend Iron & Metal-429 W. Indiana Avenue and South Bend Wastepaper-1519 S. Franklin Dear Mr. Nowak: This is to notify you that the hearing on your appeals of the denial of a Scrap Metal Dealers/Junk Dealers/Recycling Operations License has been scheduled for Tuesday, April 14, 2009, at 3:00 p.m., in Room 1308 on the 13th floor of the County-City Building. Sincerely, ,/ / Ann-Carol Nash Assistant City Attorney nb cc: A. Gammage M. Adams C. Toppel W. Hays R. Krizmanich THOMAS L. BODNAR CHERYL A. GREENS ANN-CAROL HASH JEFFREY M. JANKOWSKI SHAWN E. PETERSON JEFFREY L. $ANFORD JOHN E. BRODEN LICENSE APPLICATION FOR SCRAP METAL t7EALERS/JUNK ®EALERS/RECYCLING ®PERA CITY OF SOUTH BEND, IND{ANA South Bend Municipal Code Section 4-51 I. Check .One: I1. BUSINESS DATA A. 8. C D E. F. G. H. J. NEW x RENEWAL ~5~k~a~ fii Cf:yF3 +:+t 'r.9i Yt1e F EB 2 4 20~J9 ao=a=•f ~~cee~ Gt''{ r~~r~ nv.~'~~~ I'~ Type of license applied for. SCRAP METAL DEALER x RECYCLING OPERATION Business Name SOUTH BEND WASTE PAPER Business Address 1519 S . FRANKLIN STREET City SOUTH BEND Mailing Address (If different from above) City ~ State Zip Business Telephone Number (574) 234-7181 Business Fax Number (574) 291-7006 E-mail Address Zoning of proposed location Lot size of premises Type of fencing used STEEL PANEL Please C®nfiraue >~® Page ~ {back of shee>7~ FoC Ofi`ico lJse Quay . Application Flied :~ -;~.c~- (s' ~% Water Works Approval Application Fee Paid (-;,~ j Police Dept Approval Sent to Dept ~..~ ~ r~~ - ~?~~ Common Council Approva! Fire Dept `•~~ .. License Fee Paid Code Enforcement License !Number ~ ~ - C'(Y~,1 Building Dept JUNK DEALER State IN Zip 46613 Nat Approved Reason: 1400 CouNiY-Crrr BuunlNc 227 W. JEFFERSON BOULEVASID Sovrx BEND, IrroIANA 46601-1830 PHONE 574/ 235-9241 Fnx 574/235-9892 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF IOW CHARLES S. LEONE CITYATTORNEY Apri19, 2009 Steve Nowak District Manager Waste Management 20645 W. Ireland Road South Bend, IN 46614 ALnDEnN M. DEROSE• CHIEF ASSISTANT CITYATTORNEY RE: Hearing on Appeal of Denial of a Scrap Metal Dealers/Junk Dealers/Recycling Operations License-South-Bend Iron & Metal-429 W. Indiana Avenue and South Bend Wastepaper-1519 S. Franklin Dear Mr. Nowak: This is to notify you that the April 14, 2009 hearings on your applications for Scrap Metal Dealers/Junk Dealers/Recycling Operations Licenses will not be necessary. The Department of Code Enforcement informed me that your property has now passed .its inspection, and it can recommend that your licenses be issued. I am copying this to Winona Hays, who can forward the applications to the South Bend Common Council. Thank you for your cooperation in this matter. Sincerely, ~~~i~~/Yti ~V~~ v Ann-Carol Nash Assistant City Attorney nb cc: W. Hays, A. Gammage THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. I~IE'?'EP/ER JEFFREY L. SANFORD JOHN E. BRODEN ' ___ Pege 1 (4/1712009) Winona Hays_ Re: SB IROi~ 8_VTL, WASTEPAPER _ ______ ____ ___ 1Fr®uv'<: Catherine Toppel y®; Winona Hays ®~~~; 4/17/2009 8:11 AM Subj~~tr: Re: SB IRON & MTL, WASTEPAPER Winona, Go ahead and use that letter. Ann-Carol has our inspection results. Catherine ~ YOppe/, C. C O. Director City of South Bend Code Enforce~ssent 227 t~!/. Jefferson B/vd., Suite 2300 South Bend, Indiana 46601 574-235-9486 ctoooel@southbendin. Qov »> Winona Hays 4/16/2009 4:30 PM »> I got a letter from' legal stating that they had passed their inspections so the hearing wasn't needed. Do you have paperwork showing the approvals or do I use that letter? Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 whavs@southbendin. oov ®RDINANCE No. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF MAIN STREET FROM WAYNE STREET SOUTH TO ~ THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 14 FEET. SAID ALLEY IS A PART OF THE ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the- Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: THE FIRST NORTH/SOUTH ALLEY WEST OF MAIN STREET FROM WAYNE STREET SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 14 FEET. SAID ALLEY IS A PART OF THE ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA . hereby determines that it is desirable to vacate said property SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: -LOTS 271, 272, 273 OWNED BY INDIANA BELL TELEPHONE CO. -LOT 280 OWNED BY INDIANA BELL TELEPHONE CO. -LOTS 281 AND 282 OWNED BY MARY COYNE INVESTMENTS LLC ALL WITHIN ABOVE REFERENCED PLAT Section IV. The purpose of the vacation of the real property is TO PROVIDE BETTER ACCESS, SECURITY, AND SAFER TRAFFIC FLOW OF THE REDESIGNED PARKING LOT ADJACENT TO THE AT&T BUILDING AT 307 SOUTH MAIN 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. ~~ Iq, r~,-~,., ~ C~--~ Member of the Commo Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the o'clock . m. 1 sfi P.EADING PUELIC BEARING rd READING SOT APPROYF$~ ~EfERRED PASSrfl day of , 2 , at Mayor, City of South Bend, Indiana ~i1~d ~~ Cf~~°~c'~ O~fE~e ~4 AY - 6 2069 JOYN V4CRDE CITY CLEi:K, EJ. BEN0,1N. PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: THE FIRST NORTH/SOUTH,ALLEY WEST OF MAIN STREET FROM WAYNE STREET SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 14 FEET. SAID ALLEY IS A PART OF THE ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA B. THE STREET DESCRIBED AS: NOT APPLICABLE, WE ARE PETITIONING TO VACATE THE ABOVE DESCRIBED ALLEY ONLY NAME (signed ~ printed) ADDRESS LOT # Judy Jankowski - AT&T 307 S. Main Street Suite 145 271, 272, 273, 280 South Bend. IN 46601 PRESENTERS: Judy Jankowski-AT~T or Larry Prickett-AT8~T Project Manager (574) 234-7626 240 N. Meridian Street, Room 120 Indianapolis, IN 46204 (317) 265-4403 CONTACT PERSON (S) RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOl01l 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 NAi~fE: Eric x'01. Tiahrt, P.S. - Jacoks ADDRESS: 30800 Telegraph Road, Suite 4900 Bingham Farma, 1611 48025 PHONE: (248) 633-1475 l ~~1 ~ i~t~~4.~ ~' ~ ~ sl~Ey ~i~~~ 1h A`f - 6 2009 ,~~kt~0 VGG~u~ u. fit?. BE;~6, {t~. GO'f`t Cif%:.,,,:.~----'"'® The alley to be vacated is the first North/South alley West of Main Street from Wayne Street South to the first East/West alley for a distance of 198 feet, more or less and a width of 14 feet. 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A r.. .. •+...lr 30800 Telegraph Road, Suite 4900 Bingham Farms, Ml 48025 (248) 633.1440 Ph (248 633.1414 Fax Date: May 6, 2009 COVER LETTER TO THE COMMON COUNCIL OF SOUTH BEND, INDIANA Submittal of Ordinance and Petition to vacate an alley~~vay at 307 5. Main Street To the Common Council: AT&T is proposing to vacate an existing alleyway in downtown South Bend. AT&T operates telecom equipment at 307 S. Main Street. AT&T is proposing to improve the parking lot layout and thereby provide safer traffic flow by installing new gates, fencing, and creating more efficient parking space distribution. Jacobs, as AT&T's Engineer has completed the engineering design for the parking lot improvements, which will be submitted to the City for approval after the alley vacation is approved and recorded. Sincerely, ,~ 1~ Eric W. Tiahrt, P.S. Jacobs Consultants, Inc. l~,h AY - 6 2009 vo~~t ao^~~:c~ ~ 3~!. G;TY Ct~,~;~, s0. ~5~0, Carter & Burgs, €stc. Carter ~ Burgess C~ar~suttartts, €nc. C&B Architects/l~'regir~eers, €r~c. G$.E4 Arch€t~etsl~ngireeer3, P.G. C&8 i~eYada, €nc. 1 316 COUNTY-CITY TiLIILDING 227 W. JEFFERSON BOULEVARD ,SOUTH BEND, INDIAI~'.A 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR ~OARI3 OF .l"USLIC TORIES March 23, 2009 Mr. Erick Tiahrt 7acobs Engineering Group 30800 Telegraph Road, Suite 4900 Bingham Fanns, Michigan 48025 PwoNE 5741235-9251 Fay 574! 235-9171 TDD 574/ 235-557 RE: Alley Vacation -First North/South Alley East of Lafayette and West of S. Main, from Wayne to the First East/VJest Alley (Preliminary Review) Dear Mr. Tialu-t: The Board of Public Works, at its March 23, 2009, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. You will need a radius map showing properties within 1S0' of the proposed vacation for your petition to the Common Council. Please contact Tony 1Vlolnar at (574) 235-9254 prior to picking up your radius man. 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 1Vlolnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering GARYA. GiLOT, P.E. DONALD E. INKS JOHN H. MURPHY PRESIDENT MENDER MEMBER P. 1 i ~ ~ ~ Memory TX Result Report (Feb. 19, 2009 4:50PM) T m ~ 1) 8RD PUB WORKS & SAFETY 2) BOARD OF PUBLIC WORKS & SAFETY Date/Time: Feb. 19. 2009 4;4$PM File Page No. Mode Destination Pg(s) Result Not Sent ----------------------------------------------------------------------------------------- 4627 Memory TX NIPSCO P, 2 OK Area Plan Commission OK ------------------------------------------------------------------------------------------------ Reason fior error E. l) Hang up or line flail E.2~ Busy E. 3) No answer E.4 No facsimile connection E.5 Exceeded max. E^mail size g n ~ R "s ~ ~ ~ ~, ~ ~ g~ ~ 3zg~~€~~4c .~ ~o~,d;< e', + ~ Fn y=l o ~ ~ b 3 ~ ~ ~ F~ ~~~R Y 0 ~~ ~~ . s ;o; no a '~ R 8 8 ~ 3 yr ^ 4 p y P s 9 a K O~ ~~ ~ a 1~9`f~R-®FFICE MEN®R~i~®lJl~ ~O~R® ®F PUBLIC !~®~F6S T®: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (ibyorniCa~co.st-joseph.in.us or 235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community &~ Economic Development . Federico Rodriguez, Fire Department Andre Price, Solid Waste ' Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettinCa~nisource.com or 284-2220 fax) For Informational Purposes Only FROliii: Linda M. Martin, Clerk RE: Request for Recommendation -Alley Vacation Location: First NorthlSouth Alley east of Lafayette and West of S. Main from W. Wayne to the First EastlWest Alley (Preliminary Review) p,~TE: February 19, 2009 ®UE: March 2, 2009 FAQ OR E-IlAAIL TO:, 235-9171 / Imartin a(~southbendin.goy RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMEPITS & RECOIVilyiElVDD+T10t~S: ~~~ ~~ / DATE: ~- ~`'` ~/~ ~~ BY: 1;~~ J ~~~.~ Page 1 of 1 $,96°8~~ ~~ir~B~ ° 6~~: @9~1~~~9®9~ ° ~~~~j9 ~D~ ~a~l~~~~~&' i~'1~981 ~~~~~ i. i rue. ... _,~ .-..,.. ...:. ..,. ^ '" ~. u~.,.. h:,.~;._. v. ,. ..:~..~ i-,...;...:.~ t ... ~I..;.-,:, 4.n,_0.,.. ~-,t r, u. ni:fi'.:.. ,.. _..t..,.. ._ , ,._. r..c_.;nr ~ . rv v ._ 5'P=.KJ .".:.~ . Fr®rn: Stephen Goen To: Linda Martin ®ate: 2/24/2009 10:56 AM subject: Re: vacation -alley by lafayette main Wayne No objections This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department -Traffic Investigations 701 W. Sample St ' South Bend, IN 46601 (574)235-7515 (574) 235-7538 »> "Martin, Linda" <Imartin@southbendin.gov> 2/19/2009 4:47 PM »> This E-mail was sent from "RNP83D994" (03828). Scan Date: 19.02.2009 16:47:55 (-0500) Queries to: admin@southbendin.gov file://C:\Documents and Settings\LMARTIN\Local Settings\Temp\XPgrpwise\49A3D275... 2/24!2009 1 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 February 24, 2009 The Board of Public Works 13`fi Floor, County-City Building South Bend, Indiana 46601 1ZE: Alley Vacation First North/South Alley east of Lafayette and West of S. Main, from W. Wayne to the First East/West Alley 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 way difficult 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. Staff recommends that the alley be vacated subject to any .further utility or access easements recommended by the Engineering and Building Departments. Sincerely, /~ ~J Joel Klu Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana --- C~:F[~~TI lF~t:LE~'~ I'?~ Eh9~!!E~~l:.'-('•r`'- I m~~~»M1nn COVERAGES ~n+a rn rv ~.cn nrr iniar rrtt rvuctts qt IIVSU RANGE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTAND{NG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIC+NS AND CONDITION OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED 6Y PAID CLAIMS. INS LTR POLICY TYPE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS General A re ate 2,000,ODO GL AXGL01100182-OS 11/0112008 11/01!2009 Products-Com leted erations A re ate 1,000.000 A 12 01 Personal and Advertisin In'u 1,000,000 : a.m. 12:01 a.m, Each Occurrence 1,000,000 . D ma a to Premise R nted to You An One Premises 1 000 000 Medical Ex ense Limit An One Person Excluded RESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Coverage applies to USA Track 8 Field sanctioned events and registered practices, including any directly related activities, such as event set-up and tear-down, participant check-in and award ceremonies. The Certificateholder is only an additional insured with respect to liability caused by the negligence of the Named Insured as per Farm AXIS 1003-Additional Insured - Cenificalehotders but only with respect r~ tie DI I~ISCAI TCAI ..., n_.:~ or ~nnn i i i 1 i CERTIFICATE HQLDER i i r PRODUCER THIS CERTIFICATE IS fSSUED AS A MATTER OF INFORMATION ', American Speualty Insurance & Risk Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 142 NOftt"t Main Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR Roanoke, Indiana 46783 ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. (NSURI=D USA T k & Fi ld I INSUREP.S AFFORDI4VG COVERAGE rac e nc. , 132 East VVashin ton St t it S 800 INS. A: AXIS Insurance Company g ree , e u Indianapolis IN 46204-3723 INS B: , INS. C: CARE OF SOUTH BEND P.O. BOX 1481 SOUTH BEND. IN 46624 . CERT NUMBER: 1000746556 ` EVENT CODE: 09-16-001 rn~Ircl ~ n-rr~,~r CITY OF SOUTH BEND AND THE BOARD ATTN: BETSY HARRIMAN 1020 HIGH STREET 150UTH BEND, IN 46601 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ~~~~`)3/02,>2008 OS:43 FAX ~_ a ca ~3~ IItl~EFi°®~~ICE ~E~~I~I~~ul~ ®®A~~ ®~ pU®LIC ~10~~~ 7®: Carl Littrell, Engin®ering Departm®nt John Byorni, Area Plan Commission 'b nl cost- ose h.i s or 235-98'13 fax} J®fF Gibn®y, Community ~ Economic Dev®lopm®nt Chris Dres601, Community & Economic D®velopment Bab Mathla, Community & Economic D®v®[opment Federico Rodriguez, Fire Department Ands Price, Solid Wast® Stephen Goen, Police D®partm®nt Ch®ryl Greene, Gity Attorn®y's Office Jfm a®ttin, NIPSCO ' f nisourc m or 284-2220 fax) pu(pO8®~ ®rtlyai FROM: Linda M. Martin, CI®rk~ RE: R®quest for Recomm®ndation -Alley Vacation Location: First Nar-h/South All~v east of Lafa~ (Preliminary Revl®w) pq`~E: February 19, 2009 pUE: Mir h~ 2.?009 i FAX Ofd E-M;4{L T®:, 235-~1'i1 1 Imartln ~outhb din, ov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. I MMENTS ~ RECOMMEN PIONS: ~' ~ , . ~ gY. ~ - DATE; ;i ,i .i :~ 4 , } ~ i ~ ~ y Received Time Mar. 2. 9;OOAM X001; 001 i I ~ _ i ~' `~~3-s2-~9 12 ~ @8 COiiMUN I TY i?z:YELOPMEiVT ra i I}=+i 5742359697 6NT~~3-OFFICE ~lIEM4~t~D11~ ~0r4~.'®QF ~U~LIC ~/®~~S • '~O; Carl Littrell, Engineering Department John Byomi, Ar@a Plan Commission (Lyorni(a7co.st~ioseph.in.us or 235-9813 fax) Jeff Gibney, Community & Economic pevelopment `, Chris Dressei, Community & Economic Development ', Bob Mathia, Community & Economic Development • Federico Rodriguez, Fire Department Andre Price, Solid Waste • Stephen Goen, Poiice Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbetfin(c~nisource.com or 284-2220 fax) For Ingnrrnational Purposos Only PFtOi191: Linda M. Martin, Clerkt~_. t2E: Request for Recommendation -Alley Vacation Location: First North/South AIIEV east of Lafayette and West of S. Main. from W. Wavne to the First East/West Alley (Preliiminary Review) pATE; February 19, 2009 ~,,,o,.d-= - - -.m p~~; March 2.2009 FAX OR ~-idIAIL T4:, 235.9171 / Imartin southbendin. ov RETURN RFCDMMENDA"I"lUN PAGE ONLY. ATTACHMENTS NO7 REQUIRED. COPIflMENTa 8~ FtBCOMPVIENDJATIONS: ` D n n M f1•.t_flC] .~.Gi ~ f ~i l~ (~~OVG [ • -_ BY. ~t~3 DIaSs'e. i i ' Received Time Mar. 2. 11;29AM i TE: ~ ~ ~ P•01 I~dT~R-OFFICE MEIN®R~N®UI~I ~~AR® AF PUEa,.IC ~®RIZS TO: Carl Littrell, Engineering Department ~.-John Byorni, Area Plan Commission (jbyorni(c7co.st-ioseph.in.us or 235-9813 fax} ~Jeff Gibney, Community & Economic Development t/Chris Dressel, Community & Economic Development ob Mathia, Community & Economic Development ~ederico Rodriguez, Fire Department Andre Price, Solid Waste ~,; Cephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin(a~nisource.com or 284-2220 fax) For Informational Purposes Oniy FR06~1: Linda M. Martin, Clerkr~6'YL RE: Request for Recommendation -Alley Vacation ' Location: First North/South Alley east of Lafayette and West of S. Main, from W. Wayne to the First East/V1/est Alley (Preliminary Review} ®ATE: February 19, 2009 ®UE: March 2. 2009 FAX OR E-MAIL T®: 23~-9'171 / Imartin(a~.southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COib1MENTS ~ REC~ONIiIlIEP~®ATIONS: BY: l~~-JC-- ~ G~~~~~/~ DATE: 3~~~