The URL can be used to link to this page

Home My WebLink About06-27-16 Common Council Agenda and PacketSOUTH BEND COMMON COUNCIL MEETING AGENDA Monday, June 27, 2016 7:00 P.M. 1. INVOCATION- PASTOR DAVE SUTTER, KERN ROAD MENNONITE CHURCH 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS FROM CITY OFFICES STORM RECOVERY EFFORTS UPDATE- DEPT. OF PUBLIC WORKS 7. COMMITTEE OF THE WHOLE TIME: BILL NO. 20 -16 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2724 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO.2 IN THE CITY OF SOUTH BEND, INDIANA 24 -16 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 539 CRESCENT AVENUE, COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA 27 -16 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARK STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS KIZER HOUSE AND LOCATED AT 803 WEST WASHINGTON, IN THE CITY OF SOUTH BEND, INDIANA 29 -16 PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: ALLEY VACATION- FIRST NORTH/SOUTH ALLEY FROM SAMPLE STREET TO GARST STREET, BETWEEN FRANKLIN STREET AND LAFAYETTE BLVD. AND THE FIRST EAST /WEST ALLEY FROM FRANKLIN STREET TO LAFAYETTE BLVD. BETWEEN SAMPLE STREET AND GARST STREET, SOUTH BEND, INDIANA 23 -16 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE NEW RULES AND REGULATIONS FOR ASSESSMENT OF INSTALLATION CHARGES 26 -16 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18, ARTICLE 1, SECTION 18 -15 OF THE SOUTH BEND MUNICIPAL CODE TO ASSURE SIDEWALK ACCESSIBILITY FOR PERSONS WITH DISABILITIES NEAR SIDEWALK CAFES 30 -16 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS OF CHAPTER 9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE TO ADDRESS AMBULANCE/MEDICAL SERVICE FEES 8. BILLS ON THIRD READING BILL NO. TIME: 20 -16 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2724 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 23 -16 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE NEW RULES AND REGULATIONS FOR ASSESSMENT OF INSTALLATION CHARGES 24 -16 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 539 CRESCENT AVENUE, COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA '26-16 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18, ARTICLE 1, SECTION 18 -15 OF THE SOUTH BEND MUNICIPAL CODE TO ASSURE SIDEWALK ACCESSIBILITY FOR PERSONS WITH DISABILITIES NEAR SIDEWALK CAFES 2 27 -16 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARK STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS KIZER HOUSE AND LOCATED AT 803 WEST WASHINGTON, IN THE CITY OF SOUTH BEND, INDIANA 29 -16 THIRD READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: ALLEY VACATION- FIRST NORTH/SOUTH ALLEY FROM SAMPLE STREET TO GARST STREET, BETWEEN FRANKLIN STREET AND LAFAYETTE BLVD. AND THE FIRST EAST /WEST ALLEY FROM FRANKLIN STREET TO LAFAYETTE BLVD. BETWEEN SAMPLE STREET AND GARST STREET, SOUTH BEND, INDIANA 30 -16 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS OF CHAPTER 9, ARTICLE 3, OF THE SOUTH BEND MUNICIPAL CODE TO ADDRESS AMBULANCE/MEDICAL SERVICE FEES 9. RESOLUTIONS BILL NO. 16 -57 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA IN SUPPORT OF A REASONABLE TRANSITION TO CLEAN ENERGY FOR SOUTH BEND 10. BILLS ON FIRST READING BILL NO. 32 -16 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2016 OF $385,775 FROM EMS CAPITAL FUND (#287),$150,000 FROM SOLID WASTE FUND ( #610), AND $60,6012011 SEWER BOND FUND ( #659). 33 -16 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2016. 34 -16 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2016 OF $500 FROM DCI FUND ( #212), $850,000 FROM LOIT 2016 SPECIAL DISTRIBUTION FUND ( #257), $114,762 FROM PARKS NONREVERTING CAPITAL FUND ( #405), $114,762 FROM PARKS FUND ( #201), AND $63,555 FROM MAJOR MOVES FUND ( #412). 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: Notice for Hearing and Sight Impaired Persons Auxiliary Aid Or Other Services Are Available Upon Request At No Charge. Please Give Reasonable Advance Request When Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council's website, and also in paper format in the Office of the City Clerk, 41 Floor County -City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. C! OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: KAREEMAH FOWLER, CITY CLERK DATE: JUNE 23, 2016 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for MONDAY, JUNE 27, 2016 at: Council Informal Meeting Room 411' Floor County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 3:30 P.M. ZONING & ANNEXATION OLIVER DAVIS, CHAIRPERSON 1. Bill No. 20 -16- Rezoning at 2724 Lincolnway West 2. Bill No. 24 -16- Rezoning at 529 Crescent Ave. 3. Bill No. 27 -16- Kizer House Historic Landmark designation 4. Historic Preservation Briefing- Elicia Feasel, Executive Director Historic Preservation 4:10 P.M. PUBLIC WORKS & PROPERTY VACATION JO M. BRODEN, CHAIRPERSON 1. Bill No. 29 -16- Ignition Park Alley Vacation at Sample /Garst & Lafayette/Franklin 2. Bill No. 26 -16- Addressing sidewalk accessibility near sidewalk cafes 4:25 P.M. UTILITIES DR. DAVID VARNER, CHAIRPERSON 1. Bill No. 23 -16- New rules and regulations for Installation Charges- SUBSTITUTE BILL 2. Bill No. 16 -57- Reasonable Transition to Clean Energy 4:55 P.M. HEALTH & PUBLIC SAFETY JOHN VOORDE, CHAIRPERSON 1. Bill No. 30 -16- Addressing Ambulance/Medical Service Fees Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Health & Public Safety Committee. INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, COUNCIL PRESIDENT 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor Pete Buttigieg Committee Meeting List News Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601 Phone 574- 235 -9221 • Fax 574- 235 -9173 • TDD 574- 235 -5567 • www.SouthBendIN.eov JENNIFER M. COFFMAN ALKEYNA M. ALDRIDGE CHIEF DEPUTY DEPUTY CLERK EMILY SEXTON CHIEF OF STAFF DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK Sp' IT), F U � o 2016 COMMON COUNCIL STANDING COMMITTEES (Rev. 01 -6 -16) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real & personal tax abatement requests. Gavin Ferlic, Chairperson Oliver Davis, Member Regina Williams- Preston, Vice - Chairperson Randy Kelly, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Office of Community Affairs and is charged with facilitating partnerships & ongoing communications with other public and private entities operating within the City. Regina Williams- Preston, Chairperson Gavin Ferlic, Member Randy Kelly, Vice - Chairperson Karen White, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. It duties are set forth in detail in Section 2 -10.1 of the South Bend Municipal Code. Tim Scott, Member Dr. David Varner, Member Jo Broden, Member Karen White HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. John Voorde, Chairperson Oliver Davis, Member Karen L. White, Vice - Chairperson Jo Broden, Member INFORMATION AND TECHNOLOGY COMMITTEE Oversees the various activities of the City's Division of Information Technologies in the Department of Administration & Finance so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability & access to GIS data and related technologies are just some of its many activities. Tim Scott, Chairperson Dave Varner, Member Gavin Ferlic, Vice - Chairperson Karen White, Member PARC COMMITTEE (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Coveleski Regional Stadium; Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, and the many recreational and leisure activities offered by the Department of Parks and Recreation. Randy Kelly, Chairperson Oliver Davis, Member Dr. Dave Varner, Vice - Chairperson John Voorde, Member TH ,F V Ot 2016 COMMON COUNCIL STANDING COMMITTEES (Rev. 01 -6 -16) PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations & other fiscal matters, as well as personnel policies, health benefits & related matters. Karen L. White, Chairperson Regina Williams- Preston, Member Gavin Ferlic, Vice - Chairperson John Voorde, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works & related public works & property vacation issues. Jo Broden, Chairperson John Voorde, Vice - Chairperson Randy Kelly, Member Gavin Ferlic, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities & issues related to neighborhood development & enhancement. Karen White, Chairperson Jo Broden, Vice - Chairperson Regina Williams- Preston, Member John Voorde, Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers and all related matters. Dr. David Varner, Chairperson Randy Kelly, Member Oliver Davis, Vice - Chairperson Regina Williams- Preston, Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Oliver Davis, Chairperson Gavin Ferlic, Member John Voorde, Vice - Chairperson Jo Broden, Member SUB - COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council Tim Scott Dr. David Varner SOUrnBF�. tJ � 2016 COMMON COUNCIL STANDING COMMITTEES (Rev.01 -6 -16) TIM SCOTT, 1sT District Council Member PRESIDENT Information and Technology, Chairperson Council Rules Committee, Member Sub - Committee on Minutes, Member REGINA WILLIAMS - PRESTON 2 °d District Council Member Community Relations Committee, Chairperson Residential Neighborhood Committee, Member Community Investment Committee, Vice - Chairperson Personnel & Finance Committee, Member Utilities Committee, Member RANDY KELLY, 3rd District Council Member PARC Committee, Chairperson Community Relations Committee, Vice Chairperson JO BRODEN, 4TH District Council Member Public Works & Property Vacation, Chairperson Residential Neighborhood Committee, Vice - Chairperson Community Investment Committee, Member Public Works & Property Vacation, Member Utilities Committee, Member Council Rules Committee, Member Health & Public Safety Committee, Member Zoning & Annexation Committee, Member DR. DAVID VARNER, 5TH District Council Member Utilities Committee, Chairperson Information & Technology Committee, Member PARC Committee, Vice - Chairperson Council Rules Committee, Member Sub - Committee on Minutes, Member OLIVER DAVIS. 6TH District Council Member Zoning & Annexation Committee, Chairperson Community Investment Committee, Member Utilities Committee, Vice - Chairperson Health & Public Safety Committee, Member PARC Committee, Member GAVIN FERLIC, AT LARGE Council Member Chairperson, Committee of the Whole Community Investment Committee, Chairperson Community Relations Committee, Member Information & Technology Committee, Vice - Chairperson Public Works & Property Vacation, Member Personnel & Finance Committee, Vice - Chairperson Zoning & Annexation Committee, Member KAREN L. WHITE. AT LARGE Council Member Residential Neighborhood Committee, Chairperson Community Relations Committee, Member Personnel & Finance Committee, Chairperson Information & Technology Committee, Member Health & Public Safety Committee, Vice - Chairperson Council Rules Committee, Member JOHN VOORDE, AT LARGE Council Member Health & Public Safety Committee, Chairperson Residential Neighborhood Committee, Member Public Works & Property Vacation, Vice - Chairperson PARC Committee, Member Zoning & Annexation Committee, Vice - Chairperson Personnel &Finance Committee, Member LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN .227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571 June 22, 2016 South Bend Common Council 41 Floor, County -City Building South Bend, IN 46601 RE: Bill #20 -16 Rezoning: APC #2777 -16 2724 Lincolnway West Dear Council Members: Bill No. 20 -16 Fled in Clerk's Office JUN 2 2 2 16 KAREEMAH t=OWLER CITYOLERK, SOUTH BEND, IN The Area Plan Commission held a public hearing on June 21, 2016 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, June 27, 2016. Ordinance & Petition Amendments: The following changes have been made to the above referenced petition: Ordinance & Petition: 1.) The zoning classification was amended to reflect the LB Local Business District. A Copy of the revised Ordinance and Petition are attached. Public Hearing Summary: At the May 17, 2016 Area Plan Commission public hearing there were three people that spoke in favor of the petition and one agency representative spoke in opposition: • Karl Nichols spoke in favor of the petition, stating that he has done business with the petitioner in the past; • Darnell Oneal spoke in favor of the petition, stating that he manages a business on the southwest corner of Lincolnway West and Eclipse St., and is in support of other local businesses coming into the area; • Mae Jones spoke in favor of the petition, stating that the renovation of the building would be an improvement to the neighborhood; • Michael Divita of the Department of Community Investment spoke in opposition to the petition, stating that allowing dispersed commercial development outside of the designated nodes, as determined by the Comprehensive Plan, is detrimental to the economic development of the City. At the June 21, 2016 Area Plan Commission public hearing there were three people that spoke in favor of the petition; one person and one agency representative spoke in opposition: • Samuel Brown expressed concern that there is a need to clarify where residential uses start and business uses start along Lincolnway West. He suggested it would be better to continue the discussion until that is clarified instead of denying the petition. • Darnell Oneal spoke in favor of the petition, stating that Ms. Kimbrough has already started to improve the property and he has no objection to her opening a business. • Rev. Batteast spoke in favor indicating that most of the property in this section of Lincolnway was once owed by Ms. Kimbrough's family and allowing this property to be used commercially will not affect any residential in the area. He asked for clarification for the people so they know what is expected. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. S T J O S E P H C O U N T Y INDIANA. CO MIA R E A P L A N Professor Hudak spoke in opposition stating that the other businesses in this area are not well maintained and allowing more businesses in will continue to weaken the residential properties in the area. • Michael Divita of the Department of Community Investment spoke in opposition to the petition, stating that the recently adopted West Side Main Streets Plan clearly defines the desired use for this section of Lincolnway as residential further noting that there are 5 commercial properties and 30 residential properties in this area. He indicated that they would be happy to assist Ms. Kimbrough in finding a location for her business in one of the designated commercial nodes along the corridor. If you have any further questions, please feel free to contact me at (574) 235 -9571. Sincerely, Angela M. Smith Deputy Director CC: Kathleen Cekanski- Farrand Filed in Clerk's Office JUN 22 zn -1s KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. S T J O S E P H C O U N T Y I N D I ANA. CO MIA REAP LAN Bill No. 20 -16 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2724 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO.2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT TO REZONE FROM SF2 SINGLE FAMILY & TWO FAMILY DISTRICT TO LB LOCAL BUSINESS DISTRICT FOR AN ADVERTISING BUSINESS NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: LOT NUMBERED THIRTY -THREE (33) AS SHOWN ON THE RECORDED PLAT OF KALEY'S SECOND LINCOLN HIGHWAY ADDITION TO THE CITY OF SOUTH BEND, EXCEPTING THEREFROM 120 FEET OFF OF THE SOUTHERLY END THEROF, AS PER PLAT THEREOF RECORDED MAY 20, 1919 IN PLAT BOOK 10, PAGES 80 -81 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY INDIANA be and the same is hereby established as LB Local Business District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Attest: City Clerk Member of the Common Council Filed in Clerk's Office JUN 2 2 241fi KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. Approved and signed by me on the o'clock . M. 1! READING PUBUC HEARING 3 rd READING NOT APPROVED REFERRED PASSED City Clerk day of 2 , at Mayor, City of South Bend, Indiana Fled in Clerk's Office E iun2:2 �� s KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN i PETITION FOR ZONE MAP AMENDMENT CitvSouth Bend. Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. . 1) The property sought to be rezoned is located at: 2724 Lincoln Way West South Bend, Indiana 46628 2) The property Tax Key Number(s) is /are: 71- 08- 03- 180 - 002.000 -026 3) Legal Descriptions: LOT NUMBERED THIRTY -THREE (33) AS SHOWN OAT THE RECORDED PLAT OF KALEY'S SECOND LINCOLNHIGHWAYADDITION TO THE CITY OF SOUTHBEATD, EXCEPTING 120 FEET OFF OF THE SOUTHERLYEND THEREOF, AS PER PLAT RECORDED MAY 20, 1919 IN PLAT BOOK 10, PAGES 80 -8117V THE OFFICE OF THE RECORDER OF ST. JOSEPH COU'VTY, INDIANA. 4) Total Site Area: 0.48 5) Name and address of property owner(s) of the petition site: JANICE KIMBROUGH 121 N. CARLISLE STREET SOUTHBEND, INDIANA 46628 (574) 246 -1650 hgmmagazine@gnzail. corn Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: NA Name and address of additional property owners, if applicable: NA 7) It is desired and requested that this property be rezoned: From: Residenital SF2 SINGLE FAMILY & TWO FAMILY DISTRICT To: "LB Local Business District" Fled in Clerk's Office JUN 2 2 zags KARFEMAH FOWLER CITY CLERK, SOUTH REND, IN 8) This rezoning is requested to allow the following use(s): TO ALLOW BUSINESSACTIVITIES FOR BLESSED GOSPEL MAGAZINE. IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section): 1) List each variance being requested. Contact Commission Sti?If J:iou need assistance. 1. From the required perimeter lazdscapirrg to Izolze. 2. From the required had surface paving to grai•el; 3. Frorn the required of parking area screening to none; FILED MAY 2 62016 f,REA ELAN COMMISSION i 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: This variance request would not endanger the public in any way. (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; and: It is desired and requested that the properh� be rezoned frorn SF2 Single Fancily & Two Family District to "LB Local Business District" to allow business activities for BLESSED Gospel Magazine. (Adjacent and contiguous to the subject property is the Pahner Funeral Home, which is zoned "LB Local Business District " by the City. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Because it would cause a financial hardship at the current time to accommodate the strict request. IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s) being requested: Insert text 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: Insert text (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Insert text (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Insert test (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Insert text * In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: JANICE KIMBROUGH 121 A". CARLISLE STREET SOUTHBEATD, IATDIAN4 46628 (574) 246 -16.50 bgmmagazine @gmail. corn F I L E n MAY 2 62016 AREA PLAN COMMISSION BY SIGNING THIS PETITION, THE PETITIONERS /PROPERTY OWNERS OF THE ABOVE - DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONT" r• r U9JW.Q u Fled in Clerk's Office 4 JUN 22 216 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN a MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s) of all property owner(s), or signature of Attorney for all property owner(s): Fled in Clerk's Office JUN 2 2 7;rJ16 KAREEMAH FOWLER CITY CLERK, SOt.71-1 SEND, IN FILn MAY 2 6 2016 AREA PLAN COMMISSION �W LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST_ JOSEPH. COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571 June 22, 2016 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of Janice Kimbrough to zone from SF2 Single Family & Two Family District to LB Local Business District, property located at 2724 Lincolnway West, City of South Bend - APC# 2777 -16. Dear Council Members: I hereby Certify that the above referenced ordinance of Janice Kimbrough was legally advertised on Thursday, June 9, 2016 and that the Area Plan Commission at its public hearing on Tuesday, June 21, 2016 took the following action: Upon a motion by Oliver Davis, being seconded by John McNamara and unanimously carried, a proposed ordinance of Janice Kimbrough to zone from SF2 Single Family & Two Family District to MU Mixed Use District, property located at 2724 Lincolnway West, City of South Bend, is sent to the Common Council with a NO RECOMMENDATION. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the County Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P. Magliozzi Attachment CC: Janice Kimbrough Filet! in Clerk's Office t3ONlZ ?016 KAtRWh4AH FOWLER CITY CLF?K, SOtlTtL9 BEND, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND WWW.S TjOSEPHCOUNTYINDIANA .COM /AREAPLAN Staff Report APC # 2777 -16 Owner: Janice Kimbrough Location: 2724 Lincolnway West Jurisdiction: City of South Bend Public Hearing Date: 6/21/2016 Requested Action: 6/8/2016 Filed in Clerk's office JUN 2 2 x,116 KAREEMAH FOWLER CRY CLERK, SOUTH SEND. I The petitioner is requesting a zone change from S172 Single Family & Two Family District to LB Local Business District and seeking 3 variances from the development standards. Land Uses and Zoning: On site: On site is a single family home and detached garage. North: To the north across Lincolnway West are single family homes zoned SF2 Single Family & Two Family District and vacant lots zoned CB Community Business District. East: To the east is a funeral home zoned LB Local Business District. South: To the south is a single family home zoned SF2 Single Family & Two Family District. West: To the west are single family homes zoned S172 Single Family & Two Family District. District Uses and Development Standards: The LB District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the LB Districts are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. Site Plan Description: The site plan shows the existing home being used as the main commercial building with the existing garage being used for parking or storage. Paving is proposed in the front yard between the house and the sidewalk. The existing driveway would be extended to the rear of the property, where 9 parking spaces are provided. No landscaping is proposed on site. Zoning and Land Use History And Trends: This property has been zoned residential since prior to the current zoning ordinance. There have been no rezonings within 1000' of this property since 1978. Traffic and Transportation Considerations: Lincolnway West has two lanes and a center turn lane with on street parking. Utilities: This site is served by municipal sewer and water. APC # 2777 -16 Page 1 of 3 Staff Report 6/8/2016 2) from the required off - street parking area screening to none; 3) from the required hard surface paving to gravel State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; Hard surface paving prevents soil erosion and surface contaminant runoff issues. The use of gravel on this site may negatively impact surrounding soil conditions and create dust and debris that could create a negative impact on the general welfare of the neighborhood. (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; The lack of landscaping on this site will be burdensome for adjacent property owners, and negatively affect property values. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property No practical difficulties exist to warrant variances on this site. Staff Comments: This petition was originally heard at the May 17, 2016 Area Plan Commission Hearing. It was identified at that time that the petitioner would need to rezone to the LB Local Busniess District to allow all of the uses they intend to eventually conduct on site, such as a print shop. The LB Local Business District allows many commercial uses which would not be appropriate for this location, as determined by the West Side Main Streets Plan. Some of those uses include: grocery store, nightclub, fast -food restaurant, tavern, banks and drive through bank machines, tobacco stores and other retail uses. The site plan, as shown, would require additional variances including, but not limited to, parking setbacks and foundation landscaping which will need to be approved by the Area Board of Zoning Appeals. Recommendation: Based on information available prior to the public hearing the staff recommends that this rezoning petition be sent to the Common Council with an unfavorable recommendation. The staff recommends denial of the variances. Analysis: This site is not suitable for commercial development. The West Side Main Streets Plan strongly discourages commercial activity outside of the designated nodes along Lincolnway West. Due to its location, small lot size, and the goals and policies of the West Side Main Streets Plan, this site should remain residential. APC # 2777 -16 Page 3 of 3 Rezoning from: CITY OF SOUTH BEND "SF2" SINGLE FAMILY &TWO FAMILY DISTRICT to "LB" LOCAL BUSINESS DISTRICT N MASTER ZONING KEY SOUTH BEND "SF9 "SINGLE FAMILYAND TWO FAMILY DISTRICT w E SOUTH BEND "SF2 "SINGLE FAMILYANDTWO FAM ILY DI STRI CT & SO UTH BE N D "M U" M IXE D U SE DISTRICT 1 Inch = 150 feet SOUTH BEND "LB "LOCALBU SIN Egg DISTRICT AP,�"'► vv # 2777 -16 SOUTH BEND `CB "COMMUNITYBUSINESSDISTRICT 4=0 W LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (S74) 23S -9S71 Wednesday, May 18, 2016 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of Janice Kimbrough and to zone from SF2 Single Family & Two Family District to MU Mixed Use District, property located at 2724 Lincolnway West, City of South Bend - APC# 2777 -16. Dear Council Members: 1 hereby Certify that the above referenced ordinance of Janice Kimbrough was legally advertised on Thursday, May 05, 2016 and that the Area Plan Commission at its public hearing on Tuesday, May 17, 2016 took the following action: Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried, a proposed ordinance of Janice Kimbrough to zone from SF2 Single Family & Two Family District to MU Mixed Use District, property located at 2724 Lincolnway West, City of South Bend, is TABLED until the June 21, 2016 meeting of the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, /Gzzl: Lawrence P. Magliozzi Attachment CC: Janice Kimbrough Fled in Clerk's Office E EAY 1$ ?nI6 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. S T J O S E PH COUNTY I NU 1 ANA. CO M /AREA PLAN r P- -16 ilo W LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN i 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571 April 6, 2016 South Bend Common Council 4'' Floor, County -City Building South Bend, IN 46601 RE: APC #2777 -16 — Rezoning for 2724 Lincolnway West Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your April 11, 2016 Council meeting, and set it for public hearing at your Ma 23, 2106 Council meeting. The petition is tentatively scheduled for public hearing at the May 17, 2016 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sincerely, Matthew P. Chappuies Planner CC: Kathy Cekanski- Farrand Filed in Clerk's Office APR 06 2016 KAREEMAH FOVILER CITY CLERK, SOUTH REND. IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. S T J O S E PH C O U N T Y INDIANA. C 0 M/ A R E A P L A N cc C7 CCV3 G W CL C0 r� O Ui Cn cn LLJ March 29, 2016 Area Plan Commission of St. Joseph County, Indiana 1140 County -City Bldg. 227 W. Jefferson Blvd. South Bend, Indiana 46601 Re: Rezoning Petition for 2724 Lincoln Way West, South Bend, IN 46628 Dear Council Members, I am requesting the Rezoning of my property located at 2724 Lincoln Way West, South Bend, Indiana for business activities to be conducted by BLESSED Gospel Magazine including publishing, marketing, general office, and retail. Retail activities would include sale of magazine subscriptions, single copy sales, antiques, and the sale of donor bricks for back yard gathering area. Planned site improvements would include drive way upgrades and parking for at least five (5) automobiles, an outdoor patio, a monument sign with a variable message reader board in the front yard, and two (2) benches within or abutting the right -of -way of Lincoln Way with advertisements on the back panel of the benches. The improvements will be a compliment to the existing neighborhood. If you have any questions concerning this matter, please feel free to give me a call at (574) 246 -1650 Sincerely, 1701 West Linden Street • South Bend, Indiana 46628 Filed 1n'bleTYe5 Ph ne: (574MFOW APR KAREEM CITY CLERK, SOUTH BEND, IN Bill No. 24 -16 ewo a LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571 June 22, 2016 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of Beacon Health System, Inc. to zone from MF1 Urban Corridor Multifamily District and MU Mixed Use District to SF2 Single Family & Two Family District, property located at 529 Crescent Avenue, City of South Bend - APC# 2784 -16. Dear Council Members: I hereby Certify that the above referenced ordinance of Beacon Health System, Inc. was legally advertised on Thursday, June 09, 2016 and that the Area Plan Commission at its public hearing on Tuesday, June 21, 2016 took the following action: Upon a motion by John McNamara, being seconded by Phil Sutton and unanimously carried, a proposed ordinance of Beacon Health System, Inc. to zone from MF1 Urban Corridor Multifamily District and MU Mixed Use District to SF2 Single Family & Two Family District, property located at 529 Crescent Avenue, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Rezoning this property to a single family district will allow the property to develop residentially, which will match the character of the area and strengthen the surrounding neighborhood. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area PIan 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, Lawrence P. Magliozzi Attachment Fled in Clerk's Office JUN 2 2 KAREEMAH FOWLER CITY CLERK, Sf'1U'rH BEND, IN CCSq3GAC10nSiIME . ftG ,MC,IOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND Kevin Futa W W W. S T J O S E P H C O U N T Y I N D I ANA. CO M/ A R E A P L A N Staff Report APC # 2784 -16 Owner: Beacon Health System, Inc. Location: 529 Crescent Avenue Jurisdiction: City of South Bend Public Hearing Date: 6/21/2016 Requested Action: 6/9/2016 Filed In Clerk's Mice E ?2 � KAREEMAH F0WL9R LM CLERK SOUTH BEND, IN The petitioner is requesting a zone change from MF 1 Urban Corridor Multifamily District and MU Mixed Use District to SF2 Single Family & Two Family District. Land Uses and Zoning: On site: On site is a vacant lot. North: To the north is a vacant lot zoned SF2 Single Family & Two Family District. East: To the east across Hill Street is a single family home zoned SF2 Single Family & Two Family District. South: To the south across Crescent Avenue is a vacant lot zoned SF2 Single Family & Two Family District and an office building zoned MU Mixed Use District. West: To the west is an office building zoned MU Mixed Use District. District Uses and Development Standards: The SF2 District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities (e.g., public water, public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for development within this district. Site Plan Description: A site plan is not required for rezonings to S172 Single Family & Two Family District. Zoning and Land Use History And Trends: Prior to'2004, the property was zoned "B" Residential and "D" Light Industrial. Traffic and Transportation Considerations: Crescent Avenue has two lanes. Hill Street has two lanes with on -street parking. Utilities: The site will be served by municipal sewer and water. Agency Comments: The County Surveyor, City Engineer, and the Department of Community Investment recommend approval. Commitments: The petitioner is not proposing any written commitments. APC # 2784 -16 Page 1 of 2 LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601. (574) 235 -9571 June 22, 2016 South Bend Common Council 4' Floor, County -City Building South Bend, IN 46601 RE:. Bill #24 -16 Rezoning: APC #2784 -16 529 Crescent Avenue Dear Council Members: The Area Plan Commission held a public hearing on June 21, 2016 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, June 27, 2016. Ordinance & Petition Amendments: The following changes have been made to the above referenced petition: Ordinance: 1) The intent section of the Ordinance was updated to indicate the property is being rezoned from MF1 Urban Corridor Multifamily District and MU Mixed Use District A Copy of the revised Ordinance is attached. Public Hearing Summary: There was one person that spoke at the public hearing. Amanda Robinson of 702 N. Hill Street indicated she was pleased to see that the property was going to be used as single family, but had concerns that a structure on that property could obstruct her view of downtown. If you have any further questions, please feel free to contact me at (574) 235 -9571. Sincerely, aU'4 --x-. Ste/ Angel M. Smith FRed in Clerk's Office Deputy Director CC: Kathleen Cekanski - Farrand EE KAREEMAH FOWLER CITY CLERK, SOUTH SEND, IN SERVING ST.. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W W W. S T J Q5 E P H C 0 U N T Y I N D [A N A. C OM / A REAP LAN Bill No. 24 -16 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 539 CRESCENT AVENUE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT To rezone from MF1 Urban Corridor Multifamily District and MU Mixed Use District to SF2 Single Family & Two Family District for a single family home. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Parcel 1: Lot 13 and the Southern 14' of Lot 12 and the east half of the vacated north -south alley adjacent to Lot 13 of Cedar Heights Addition, and Parcel 2: A parcel of land 36' x 120' immediately west of and including the vacated alley adjacent to Lot 13 of Cedar Heights Addition be and the same is hereby established as SF2 Single Family & Two Family District SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. Approved and signed by me on the o'clock . M. City Clerk day of 2 , at Mayor, City of South Bend, Indiana Filed in Clerk's Office t,r READING JUN 2 2 2016 PuauC HEARING 3 rd READING KAREEMAH FOWLER NOT APPROViD Crry CLERK, SOUTH BEND, IN REFUND PASSED ,� LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR '-mop Angela M. Smith Deputy Director L AREA PAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM [.140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9S71 May 4, 2016 South Bend Common Council 41 Floor, County -City Building South Bend, IN 46601 RE: 529 Crescent Avenue Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your May 9, 2016 Council meeting, and set it for public hearing at your June 27, 2016. Council meeting. The petition is tentatively scheduled for public hearing at the June 21, 2016 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sincerely, Angela M. Smith Deputy Director Filed in Clerk's Office aMAY C 4 2 016 KAREEvIzl FGVJLER CITY CLERK, SOUTH BEND, -IN CC:. Kathy Cekanski - Farrand SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W- S T J O S E P H C O U N T Y I N D I ANA. CO MIA R E A PLAN PETITION FOR ZONE MAP AMENDMENT CitEofSouth Bend. Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at 529 Crescent .Ave. South Bend, IN 46617 2) The property Tax Key Number(s) is /are: 018 -5038 -1351 and 018-503X]372 3) Legal Descriptions: Lo1,13 & S 14` Lot 12-& E 1/2 Vac Alley Cedar heights Addn atul 36 X 120 Ft on C> >escerii .Ave Se 1-4.21 acres Sec 1 -37 -2e See ailached Exhibit A for full legal clescription 4) Total Site Area:.52 acr. es 5) Name and address of property owner(s) of the petition site: Beacon health System I ne. 100 Navarre Place Ste 1100 Sotath Bend, IN 46601 _ 574-647-3699 Name and address of additional property owners, if applicable: Filed in ClOrk's Otis 6) Name and address of contingent purchaser(s), if applicable: KeWn Futa MAY 0 4 2016 1146 Qidgley Place South Bend, IN 46617 �� 515 -761 -9311 CITY�II�U;M BLEND, ii!! ke)1in fitta @idealindztstr-ies.eoni Name and address of additional property owners, if applicable: 7) It is desired and requested that this property be rezoned: From: MFl Urban Corridor Multifamily District MU Mixed Use District To: SF2 Single Family Two Family District 8) This rezoning is requested to allow the following use(s): Rezoning is c Quested in order to build a single fancily mmidence on the property. IF VARiANCE(S) ARE BEING REQUESTED (if not, please skip to next section): 1) List each variance being requested. Contact Commission Staffif you need assistance. 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare, of the community: Insert text (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, and: Insec7 teat (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Insert text IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section): 1) A detailed description and purpose of the Special. Exception Use(s) being requested: Insert text 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: Insert text (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Insert text (o) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Insert ie11 (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Insert text * In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Kevin Fula 1146 Oidgley Place SouthBend, IN 46617 815- 761 -9311 .kevin;futur@?i idealindustrliescone BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE - DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS TMEREON. Signature(s) of all for all property owner(s): South Bend and St. Joseph County HISTORIC PRESERVATION COMMISSION Timothy S. Klusczinski, President 18 May 2016 South Bend Common Council County —City Building South Bend, IN 46601 Dear Council Members, 227 WEST JEFFERSON BLVD SOUTH BEND, IN 46601 -1830 www.stjosephcountyindiana.com/sjchp/index.htnil Phone: 574-235-9798 Fax: 574-235-9578 e -mail: SBSJCBPC@co.st-joseph.in.us Bill No. 27 -16 A Certified Local Government Elicia Feasel, Executive Director At the May 16, 2016 meeting of the Historic Preservation Commission of South Bend & St. Joseph County, the Commission held second reading on the proposed Local Landmark Designation for 803 West Washington, commonly known as the Kizer House. The owner of the property spoke in favor, none in opposition. The Com- mission unanimously passed a Resolution recommending to the Common Council the establishment of 803 West Washington, for Historic Landmark status. A copy of Resolution No. 16 -01 is enclosed as well as a copy of the Proposed Local Landmark staff report, a letter from the owners requesting designation, and a signed Owner Consent form. I look forward to its inclusion on a future Council agenda and am glad to answer any questions you may have. Sincerely, ly Executive Director COMMISSIONERS Thomas Gordon (Vice President) Mike Voll (Treasurer) Jennifer Parker (Architectural Historian) Elizabeth Hertel (Secretary) Kevin Buccellato Brandon Anderson Michele Gelfman STAFF Deb Parcell, Deputy Director Brett Hummer, Legal Counsel Steve Szaday, Preservation Specialist Filed in Clerk's 00* E MAY 2 n 2016 KAREEMAH FOWLER CRY CLERK, SOUTH 6END. IN HISTORIC PRESERVATION COMMISSION OF SOUTH BEND & ST. JOSEPH COUNTY EST. 1973 Bill No. 27 -16 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARK STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS KIZER HOUSE AND LOCATED AT 803 WEST WASHINGTON, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The building located at 803 West Washington (the "Property "), in the City of South Bend, Indiana, is known as the Kizer House, in part by its association with William L. Kizer, a foremost South Bend business leader and in part due to the structure's unique design and construction. The owner of the Property has petitioned the Historic Preservation Commission of South Bend and St. Joseph County (the "Commission ") to have the Property designated as a Historic Landmark pursuant to South Bend City OrdinanceNo. 5565 -73, as amended. The Property is located within the West Washington Historic District of South Bend. The home was built in 1890 and is recognized in the Indiana Historic Sites and Structures Inventory of South Bend with a rating of "Outstanding" meaning that the property may be eligible forNational Register listing. The staff of the Commission has prepared a report and recommendation for the Commission. The Commission has reviewed the request and the Consent ofthe owner and has heard and discussed the recommendation of the staff for the designation of the Property as a Historic Landmark. Based on the HPC's Local Landmarks Criteria as adopted by the Common Council, the site at 803 West Washington has been recommended to the Common Council for designation as aLocal Historic Landmark bytheHistoric Preservation Commission. The building meets the criteria in at least three areas. 1. Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent an architectural characteristic or innovation. The building fulfills criteria 41 as an excellent example of Romanesque Revival architecture, one ofonly a few in St. Joseph County. It was built in 1890 of coursed granite with two distinctive towers on the front facade. The house is rated Outstanding in the 2007 Survey, where it is described as a "rare, but dramatic, example of the Queen Anne style in heavy stone." Although the exact architect and builder are unknown, the 1923 re- assessment lists this house as type "1 ", of the "highest grade of construction known in the City of South Bend, built strictly from architectural drawings, and by highest type contractor. The material used of highest grade, weather resistant and long lived." 2. Its suitability for preservation. The building fulfills criteria #2 by the integrity of the original construction with only minor alterations. Alterations are limited to the addition of three dormers c. 1940, replacement of the original red the roof with asphalt shingles in the 1980's, and reduction in height ofthe two front chimneys by fourteen courses (for safety reasons). The matching porte cochere and rear porch and kitchen wing were added to the house sometime after the original house's construction. 3. Its identification with the life of a person or persons of historical significance. The building fulfills criteria #3 by its association with William L. Kizer, a prominent South Bend business leader, who founded the South Bend real estate, insurance, investment and loan company, Kizer & Woolverton, and was aprimary investor and officer of South Bend Malleable Range Company. In addition, he served as South Bend city commissioner, and was a director of St. Joseph Loan and Trust. The Commission has conducted a public hearing, for the purposes of hearing comments on the designation of the Property as a Historic Landmark and for delivering a recommendation to the Common Council. Following the public hearing, the Commission has given its favorable recommendation to the Common Council of the City of South Bend to designate the Property as a Historic Landmark pursuant to Ordinance No. 5565- 73, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1. Designation. The structure and real property known as the Kizer House and located at 803 West Washington, in the City of South Bend, Indiana, shall be and hereby is designated and established as a Historic Landmark pursuant to Ordinance No. 5565 -73, as amended. That such designated and established Historic Landmark is more particularly described as: PARCELI: A part of Bank Out lot Numbered 31 and 32 of the First Plat of Out Lots of the Town, now City of South Bend, platted by the State Bank of Indiana, which part is bounded by a line running as follows, viz: Beginning on the north line of Washington Street (now Washington Avenue) in said City, at a point 24 314 feet East of the southeast corner of said Bank OutLot Numbered 31; thence running West on the north line of said Washington Avenue a distance of 70 feet; thence North 198 feet; thence East 70 feet; thence South 198 feet to the place of beginning. PARCEL II: A part of Lot 4 in Mary Witherill's Subdivision of Bank Out Lot 32 described as follows: Beginning at the northwest corner of Lot 4; thence East 28.50 feet along the north line of said Lot 4; thence Southwesterly 43.60 feet along a line with a deflection angle of 96 °37'40" right from the last described course extended thence Southwesterly 156.30 feet along an arc to the right having a radius of 909.93 feet and subtended by a long chord having a length of 156.03 1 ! READING PUBUC HEARIi 1 . 3 rd READING NOT APPROVED PASUD feet with a deflection angle of 1'06.24" right from the last described course extended to a point on the South line of Lot 4; thence West 0.37 feet along the South line of Lot 4 to the southwest corner of said Lot 4; thence North 198.00 feet along the west line of Lot 4 to the point of beginning. PARCEL III Beginning at the intersection of the Westerly right -of -way line of Chapin Street and the North right -of -way line Washington Street; thence North 89 °56'50" East along said Northerly right -of -way line projected East, a distance of 6.19 feet; thence North 8'53'58" East, a distance of 76.25 feet; thence North 11 ° 10' 11" East, a distance of 114.09 feet; thence North 4'28'16" East, a distance of 11.49 feet to the Southerly line of the 14 foot alley project East; thence North 90 °00'00" West, a distance of 15.10 feet to the Westerly right -of -way line of Chapin Street; thence South 7 °25'20" West along said Westerly right -of -way line, a distance of 200.40 feet to the place of beginning containing 2053 square feet more or less. Section 2. Effective Date. This Ordinance shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor according to law. Member ofthe Common Council ATTEST: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the, 2016, at o'clock .m. City Clerk Approved and signed by me on the day of , 2016, at o'clock M. day of Mayor of the City of Luthp a `�erk's Office 0 1 2016 MAH FOWLER , S U H BE n IN RESOLUTION NO. 16-01 A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY, INDIANA RECOMMENDING THE ESTABLISHMENT OF 803 WEST WASHINGTON, SOUTH BEND, INDIANA HISTORIC LANDMARK STATUS WHEREAS, the Historic Preservation Commission of South Bend and St. Joseph County, Indiana (the "Commission ") exists and operates under the provisions of ordinances enacted by the Common Council of the City of South Bend, Indiana, and the County Council of St. Joseph County, Indiana (the "Enabling Ordinances "); and WHEREAS, the Commission is empowered, pursuant to the Enabling Ordinances, to make recommendations to the Common Council of the City of South Bend, Indiana for the establishment of historical landmarks; and WHEREAS, the owner of the property located at 803 West Washington, South Bend, Indiana, (the "Property ") has petitioned the Commission to have the Property designated as a Historic Landmark pursuant to South Bend City Ordinance No. 5565 -73, as amended; and WHEREAS, the Property is located in the West Washington Historic District and is recognized in the Indiana Historic Sites and Structures Inventory of South Bend with a rating of "Outstanding"; and WHEREAS, the staff of the Commission has prepared a report and recommendation for the Commission, which has reviewed the petition and Consent of the owner and the report prepared by the staff and has heard and discussed the recommendation of the staff for the designation of the Property as a Historic Landmark; and WHEREAS, the Commission has conducted a public hearing, for the purposes of hearing comments on the designation of the Property as a Historic Landmark and for delivering a recommendation to the Common Council of the City of South Bend to designate the Property as a Historic Landmark pursuant to Ordinance No. 5565 -73, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY AS FOLLOWS: 1. The building located at 803 West Washington, South Bend, St. Joseph County, Indiana, is hereby recommended to the Common Council of the City of South Bend, Indiana, for the establishment as a Historic Landmark pursuant to 'Ordinance No. 5565 -73, as amended. 2. This Resolution shall take effect immediately upon its adoption by the Commission. } ADOPTED at a meeting of the Historic Preservation Commission of South Bend and St. Joseph County, Indiana, held on May 16, 2016, in the Conference Room, 1308 County - City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEfP .President ATTEST: ecretary Filed in Clark's Office MAY 2 0 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN y��, i• W A tj i Aultyi a ElU r� ate: 'Aq rra�w ;�tt�? � ��!!� � �� ,4�,.. � R• IV 803 West Washington Based on the HPC's Local Landmarks Criteria as adopted by the Common Council, the site at 803 West Washington can be recommended to the Common Council for designation as a Local Historic Landmark by the Historic Preservation Commission. The building meets the criteria in at least three areas: 1. Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent an architectural characteristic or innovation. 2. Its suitability for preservation. 3. Its identification with the life of a person or persons of historical significance. The building fulfills criteria #1 as an excellent example of Romanesque Revival architecture, one of only a few in St. Joseph County. It was built in 18go of coursed granite with two distinctive towers on the front facade. The house is rated Outstanding in the 2007 Survey, where it is described as a "rare, but dramatic, example of the Queen Anne style in heavy stone." Although the exact architect and builder are unknown, the 1923 re- assessment lists this house as type "1 ", of the "highest grade of construction known in the City of South Bend, built strictly from architectural drawings, and by highest type contractor. The material used of highest grade, weather resistant and long lived." The building fulfills criteria #2 by the integrity of the original construction with only minor alterations. Alterations are limited to the addition of three dormers c. 1940, replacement of the original red file roof with asphalt shingles in the 198o's, and reduction in height of the two front chimneys by fourteen courses (for safety reasons). The matching porte cochere and rear porch and kitchen wing were added to the house sometime after the original house's construction. The building fulfills criteria #3 by its association with William L. Kizer, a prominent South Bend business leader, who founded the South Bend real estate, insurance, investment and loan company, Kizer & Woolverton, and was a primary investor and officer of South Bend Malleable Range Company. In addition, he served as South Bend city commissioner, and was a director of St. Joseph Loan and Trust. Kizer House 803 West Washington Historical Context: William L. Kizer (1844 —1917) was one of South Bend's foremost business leaders. Kizer was born into a pioneer farming family with property on Portage Road in German Township. W.L. Kizer was educated in the district schools and received a college education. William grew up to be an expert on finance and investment. In 1865, he was appointed deputy collector of Internal Revenue for the fifth division of the ninth revenue district of Indiana. He later was transferred to the general office of the ninth district under Col. Norman Eddy until 1868. With his longtime friend, Jacob Woolverton, he founded Kizer & Woolverton, a South Bend company that specialized in real estate, insurance, investments, and loans. Kizer and Woolverton remained partners for 48 years until the death of W.L. Kizer on December 22, 1917, at 73 years of age. He was a primary investor and officer of the South Bend Malleable Range Company, and his other investments and projects included railroads, a timber company, a patent medicine company, and local real estate. He served as a South Bend City Commissioner under David R. Leeper (1892-94), and was director of St. Joseph Loan & Trust. Kizer also served as a booster for the Lincoln Highway Association assisting in bringing the Lincoln Highway through South Bend in 1913• On May 11, 1870, William Kizer married Elizabeth Brick, whose brother, South Bend attorney Abraham Lincoln Brick, was a Republican member of Congress from 1899 until his death in 1908. William and Elizabeth purchased their lot for a new home, which sat adjacent to the Brick residence, on April 25, 1887 for $3,300. Around that same year, the couple built their Romanesque Revival home at 803 West Washington in South Bend — a fall decade before the Oliver Mansion, located directly across the street. The 1896 Tax Duplicate Book lists the value of the lot as $3,350 and a value of improvements as $11,790, giving the property a total value of $15,140. This is slightly less than Tippecanoe Place, owned by Clement Studebaker. William and Elizabeth had three children: Horace (1874), Willomine (1877), and Ward (1884). Ward died in 1902 due to a congenital heart problem; Horace died in 1914 after suffering a stroke. Mrs. Elizabeth Kizer died at the mansion on October 30, 1927. In 1904, Willomine married Thomas Enoch Morrison, who was originally from LaPorte and worked in insurance in South Bend. Their marriage ended in divorce in 1916; they had no children, and Morrison died in Logansport State Hospital in 1919. Willomine lived in the mansion until her death,on May 15,1929 at 51 years old. Description of Building: The Kizer House is part of the West Washington National Register Historic District. The house is in the Romanesque Revival style with a full three stories and basement. The house is built of coursed gray granite, which contributes to its style including heavy massing and round arches. The mortar is a red color with a raised beaded or grapevine joint. The joint has been lost or poorly replicated on a large portion of the exterior elevations but remains as original under the front and rear porches. There is a central hip roof with numerous intersecting gables and towers, a massive parapet at the west gable, two round towers on the fa9ade which terminate into conical roofs. The original dormers feature a conical roof with terra cotta clad sidewalls and terra cotta ridge cap. There are three dormers added c. 1940 with a low slope roof and copper sidewalls The roof originally was covered in square edge red clay tile - similar to that on Tippecanoe Place. The tile was replaced with an asphalt roof in the 198o's retaining the decorative terra cotta ridge cap. The roof is completed with a decorative copper cornice and gutters. The original copper downspouts have been replaced with galvanized metal and the valleys are all asphalt. All entry steps are of cut granite with rough stone balustrades. The front porches and Porte Cochere have slender stone column supports. The front porch has a shallow hip roof while the Porte Cochere has a gable roof with a decorative terra cotta shingled pediment. Windows around the house are 1/1 double hung wood windows throughout with stone sills, plain jambs, and massive lintel stones. The Port Cochere was added at some point following the original construction. A rear porch and kitchen wing has a matching addition assumed to be added at the time the Porte Cochere was also added. Three tall chimneys — two in the front and one in the rear — punctuate the roofline. The two front chimneys have been reduced in height by fourteen courses for safety reasons. The Carriage House in the rear of the property replaced an earlier wood frame barn c. 1915 to house automobiles with an apartment above and a full basement in poured concrete. Original basement windows have been replaced with new glass block. New wood carriage style doors were installed in 2015 along with a new wood entry door. A new asphalt shingle roof was installed in 2015. The Carriage House is constructed of hollow core clay file block with a smooth faced red brick. The roof is a steep gabled roof with asphalt shingles and a wide bracketed boxed eave, multi -lite 6/1 double hung wood windows. The Site has been highly altered with a majority of the land being paved with concrete — the exception being an area east of the driveway extending to the sidewalk on Martin Luther King Drive which is grass with scrub trees and decorative red -buds. A small area of grass is also located to the west of the carriage house. A brick wall extends from the west elevation of the carriage house along the north alley to the neighbor's property line. A modern eight foot tall wood fence is constructed along the west property line on the Kizer House property. A six inch concrete curb runs the length of the Kizer House property line. There are two driveways to the site entering off West Washington. The original driveway entrance is near the corner of West Washington and Martin Luther King Drive. A shared drive entrance is located at the west property line with the neighbor. Location Notes /Legal Description: The land referred to in this Commitment, situated in the County of St Joseph, State of Indiana, is described as follows: PARCEL I: A part of Bank Out lot Numbered 31 and 32 of the First Plat of Out Lots of the Town, now City of South Bend, platted by the State Bank of Indiana, which part is bounded by a line running as follows, viz: Beginning on the north line of Washington Street (now Washington Avenue) in said City, at a point 24 3/4 feet East of the southeast corner of said Bank Out Lot Numbered 31; thence running West on the north line of said Washington Avenue a distance of 70 feet; thence North 198 feet; thence East 70 feet; thence South 198 feet to the place of beginning. PARCEL II: A part of Lot 4 in Mary Witherill's Subdivision of Bank Out Lot 32 described as follows: Beginning at the northwest corner of Lot 4; thence East 28.50 feet along the north line of said Lot 4; thence Southwesterly 43.6o feet along a line with a deflection angle of 96 037'40" right from the last described course extended thence Southwesterly 156.30 feet along an are to the right having a radius of 909.93 feet and subtended by a long chord having a length of 156.03 feet with a deflection angle of Vo6.24" right from the last described course extended to a point on the South line of Lot 4; thence West 0.37 feet along the South line of Lot 4 to the southwest corner of said Lot 4; thence North 198.00 feet along the west line of Lot 4 to the point of beginning. PARCELIII Beginning at the intersection of the Westerly right -of -way line of Chapin Street and the North right -of -way line Washington Street; thence North 89 °56'50" East along said Northerly right -of -way line projected East, a distance of 6.19 feet; thence North 8 °53'58" East, a distance of 76.25 feet; thence North 1101o'11" East, a distance of 114.09 feet; thence North 4 °28'16" East, a distance of 11.49 feet to the Southerly line of the 14 foot alley project East; thence North 9o°oo'oo" West, a distance of 15.10 feet to the Westerly right -of -way line of Chapin Street; thence South 7 025'20" West along said Westerly right -of -way line, a distance of 200.40 feet to the place of beginning containing 2053 square feet more or less. Landmarks Criteria: The life of William Kizer and his major impact on the city of South Bend makes his home an ideal candidate for local landmark status. Kizer was at the forefront of this town when it was officially established as a city in 1865. His companies, investments, and service to the community are very well documented in early resources and publication on the founding of the city of South Bend. Kizer is known for his real estate, loans, insurance, and investment company with Jacob Woolverton, he served as 22nd Treasurer of the Dr. Whitehall Megrimine Co., Secretary of Malleable Steel Range Manufacturing. Co., and Director of the St. Joseph Loan and Trust Co. He also served as a City Commissioner for six years. The Kizer House also is only one of very few examples of Romanesque Revival architecture in St. Joseph County; the other examples in residential architecture are Tippecanoe Place and a modified style in Copshaholm, the Oliver Mansion. In the 1923 re- assessment card of the property, it is noted that the home is Class G (single residence), and Type 1(highest grade of construction known in the City of South Bend and built strictly from architectural drawings and by the highest type of contractor). The design of the house adheres strictly to the Romanesque style with fine granite stone, stone chimneys and columns, heavy massing, arches, towers with conical roofs, steeply pitched roof lines, gables and dormers, and general fenestration. Ak 0 cINDIANA LANDMARKS all 144, Northern Regional Office 402 West Washington Street, South Bend, IN 46601 574 232 4534 /800 450 45341 wwlv.indianalandmar-ks.org January 25, 2016 Mr. Tim Klusczinski President Historic Preservation Commission of South Bend and Saint Joseph County 125 South Lafayette Blvd, South Bend, 46601 Re: Local Landmark designation for 803 W. Washington Dear Mr. Klusczinski, We are writing today seeking Local Landmark designation for 803 W. Washington. Known historically as the William Kizer House, the outstanding Romanesque style home is a community and neighborhood landmark and the home of one of South Bend's leading businessmen of his time. Indiana Landmarks supports the work of historic preservation commissions around the State as a tool for local communities to promote and protect their special places. We can think of no more worthy property for designation than the Kizer House and no better commission for such oversight than that Historic Preservation Commission of South Bend and St. Joseph County. We are interested in moving the designation through at the earliest convenience of the Commission. We are pleased to provide copies of our research that has been completed on the property or architectural background information as is helpful. Thank you for prompt attention to our request. We look forward to working with you, the members of the Commission and your staff to complete this important honor. Sincerely, Todd A. Zeiger Director, Northern Regional Office CC. Elicia Feasel, Director, HPCSBSCJ Fled in Clerk's Office FAY 0 2016 ICAREEMAH FOWLER CITYCLERK, SOUTH BEND, IN INDIANA LANDMARKS REVITALIZES COMMUNITIES, RECONNECTS US TO OUR HERITAGE AND SAVES MEANINGFUL PLACES. HISTORIC LANDMARK OWNER CONSNET FORM I, the undersigned property owner, grant the Historic Preservation Commission of South Bend and St. Joseph County the permission to have the building located at: 803 W. Washington South Bend, Indiana Declared an architectural landmark under ordinance. I do also approve of the classification of this building under Group B Standards. Signature of Lperty Owner q-)Z-Ico Date Filed in Clerk's Office MAY 2 0 2016 KAREEMAH FOWLER CIV CLERK, SOUTH BEND, IN Bill No. 29 -16 Danch, "arrnerr c�z �issociates Inc. Land Surveyors r Professional Engineers Landscape Architects Land Planners Office: (574)234 -4003 / (800)594 -4003 Fax: (574)2344009 1643 Commerce Drive a South Bend, IN 46628 Honorable Members of the City of South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 April 25, 2016 RE: Alley Vacation — First North/South Alley from Sample Street to Garst Street, between Franklin Street and Layfayette Blvd. and the First East/West Alley from Franklin Street to Lafayette Blvd. between Sample Street and Garst Street, South Bend, Indiana; Dear Council Members: On behalf of our clients, City of South Bend Department of Community Investment, we are requesting the approval of the Vacation for all the Public Alleys known as the First North/South Alley from Sample Street to Garst Street, between Franklin Street and Layfayette Blvd. and the First East/West Alley from Franklin Street to Lafayette Blvd. between Sample Street and Garst Street, South Bend, Indiana The reason for this request is to allow for the future development to occur east of Ignition Park. Once the Alleys are vacated, it will allow the City to move ahead with creating a new lot for a future development site. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, Michael J. Danch President Danch, Harper & Associates File No. 160121 Filed in Clerk's Office JUN 07 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BI=ND, IN Bill No. 29 -16 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: Alley Vacation — First North/South Alley from Sample Street to Garst Street,' between Franklin Street and Layfayette Blvd. and the First East/West Alley from Franklin Street to Lafayette Blvd. between Sample Street and Garst Street, South Bend, 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 properties: 1). The First North/South Alley from Sample Street to Garst Street, between Franklin Street and Layfayette Blvd. running for a distance of 521.5 feet more or less. 2). The First East/West Alley from Franklin Street to Lafayette Blvd. between Sample Street and Garst Street running for a distance of 344.6 feet more or less. hereby determines that it is desirable to vacate said properties. 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 Tax Key Numbers may be injuriously or beneficially affected by such vacating: 18- 8002 -0061 18- 8002 -0070 18- 8002 -0071 18- 8002 -0073 18- 8002 -0074 18 -8002 -0075 18- 8002 -0076 18- 8002 -0077 18- 8002 -0078 18- 8002 -0079 18- 8002 -0094 18- 8002 -0096 18- 8002 -0097 18- 8002 -0098 18 -8002 -0099 18- 8002 -0100 18 -8002 -0101 18 -8002 -0102 18- 8002 -0104 SECTION IV. The purpose of the vacation of the real properties is to vacate that portion of all the Public Alleys and Streets in the described area to allow for the creation of a subdivision plat for future development. 2 SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2016, at o'clock . m. City Clerk Approved and signed by me on the day of , 2016, at o'clock . M. Mayor, City of South Bend, Indiana Filed in Clerk's Office to READING JUN 07 2016 PUBLIC HEARIN(- 3 rd READING KAREEMAH FOWLER NOT APPROVED CITY CLERK, SOUTH REND, IN REFURID 'A5StD PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS) To the Common Council Date: 4 -25 -16 of the City of South Bend, Indiana We, the undersigned property owner(s), petition you to vacate: 1). The First North/South Alley from Sample Street to Garst Street, between Franklin Street and Layfayette Blvd. running for a distance of 521.5 feet more or less. 2). The First East/West Alley from Franklin Street to Lafayette Blvd. between Sample Street and Garst Street running for a distance of 344.6 feet more or less. Tax Key Numbers owned by the Petitioner: 18 -8002 -0061 18- 8002 -0070 18- 8002 -0071 18- 8002 -0074 18- 8002 -0075 18 -8002 -0076 18- 8002 -0078 18 -8002 -0079 18- 8002 -0094 18- 8002 -0097 18- 8002 -0098 18 -8002 -0099 18- 8002 -0101 18- 8002 -0102 18- 8002 -0104 NAME signer d & printed) & ADDRESS City of South Bend - Department of Community Investment 14t Floor County -City Building South Bend, Indiana 46601 David Relos: City of South �Bend Department of Community Investment Office of the City Clerk Kareemah Fowler, City Clerk Room 455- County -City Building South Bend, IN 46601 574 -235 -9221 CONTACT PERSON NAME: Michael J. Danch Danch, Harner and Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 PHONE: 574- 234 -4003 e -mail: mdanch@danchamer.com 18- 8002 -0073 18 -8002 -0077 18 -8002 -0096 18- 8002 -0100 Filed in Clerk's Office JUN 07 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN 71 -08 -11 -477- 006.000 -026 701 SAMPLE_.,p Petitioner: Dept. of Community Investment 227 W. Jefferson Blvd Suite 1400 S South Bend, IN 46601 574 - 235 -9371 Purpose: Alley is not used. Surface is all grass. 910 13- y" v} .ti9V AFAYET E yL4 W HTC1 1G:. N 71 08 -13 10 CL LL 7 f 0$ 14227= A02t000.026 71 08 13 101 006 000 026 1002 LA AYETTE to to 004 FRANKLIN; 1Q:05 LAFAYETTE, .2 � co m w fir, X71 08 14 227 003 000 -026 100& EFFANKL�N. 13 -101 007:000 L is cc 1005 C J 904 DUBLIN FAY o, 3 7 7108 =13 -101- 008.000 -026 Q o f1 08 14227 004.000 -026: 0 . �w ° LU Q L c� 1012 FRANKLIN 0 _ R ° w a 71 08 141;. 227 005 000 026 L oQ O V- 1014 FRANKLIN 0 N LL 08 14 227 006 000 -026 ° g a�i Q 1018 FRANKLIN % 71-08-15401-0091-000-0 M o Z otS 1015 LAFAYETTE - 0 71 0 =227 007:00 026. ° :: ao ° 1 2 FRANKLIN ° O a; 71 -0 - 227 008:0 026 °:� 1 4 FRANKLIN °.Q terk'S N 0 0 0 0 Legend ® Alleys to be vacated 150 ft Area of Notification 71- 08 -14- 228 -001.0 322 GARST Garst t UN 07 2016 RE MAH FOW CLEFt , SOUTH 13 NIS IN o� 111111,111 U) -104- 001.000 -026 °o 322 GARST o �? 0 75 150 300 NMR Feet EE{ UAE "irIM rur i ivi.: The first alley to be vacated is the first North/South alley East of Franklin Street from Sample Street to Garst Street for a distance of 522.5 feet and a width of 14 feet. The second alley to be vacated is the first East/West alley South of Sample Street from Franklin Street to LaFayette Blvd for a distance of .331.6 feet (not including the North/South alley). Both alleys being a part of South Bend City Addition, City of South Bend, Portage Township, St. Joseph County, Indiana. Document Path: I:\ Projects\ Engineering\Tony\AIIeyVacations \Lafayette Garst St Sample St Franklin natc- IVAP)n1R Time: 10:34:28 AMlspr Name- rrasinnn N W E S t0 T M V- W r Lin r O N � 0> Wa) m m '* 1h a' t c?Neh 0 U) a aci v ti oo�m ai Z-' p. 3 C (t t�oNNaLL N $OtIT$g 1865 Project No. Page No. Date v} E N d � CL LL E _ to to 'a 'a c .2 � co m w L is cc o C J as c 4 3 and Q im m� �w Q L c� 0 c�a C O J L O V- 0 m Z d a�i Q NLU Z otS t0 T M V- W r Lin r O N � 0> Wa) m m '* 1h a' t c?Neh 0 U) a aci v ti oo�m ai Z-' p. 3 C (t t�oNNaLL N $OtIT$g 1865 Project No. Page No. Date St. Joseph County Jail Building Corp 1200 County City Building South Bend, IN. 46601 Tax Key # 018 3043 165412 Kring Property Group LLC 8950 Bash St Indianapolis, IN. 46250 Tax Key # 018 8003 0119 Property Owners Civil City of South Bend 227 W Jefferson Ste. 1200 South Bend, IN. 46601 Tax Key # 018 8001 0001 Dept. of Redevelopment City of South Bend 227 W Jefferson Blvd. 1400 South Bend, IN. 46601 Tax Key # 018 8001 0003 Filed in Clerk's Office JUN 07 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601 -1830 Mr, David Relos City of South Bend Community Investment CITY OF SOUTH BENZ? PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS April 12, 2016 PHONE 574/235 -9251 FAx 574/235-9171 RE: Alley Vacation — First Nortb/South Alley from Sample St. to Garst between Franklin St. and Lafayette Blvd. and First East/West Alley from Franklin St. to Lafayette Blvd. between Sample St. and Garst (Preliminary Review) Dear Mar. Relos: The Board of Public Works, at its April 12, 2016, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community investment, Fire Department, Police Department, and the Solid Waste Division. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which'it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley. Please contact Tony Molnar at (574) 235-9254 prior to nicking up your radius may. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Linda M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Alkeyna Aldridge, City Clerk's Office GARY A. GILOT DAVID P. RELOS ELIZABETH A. MAKADIK JAmEs A. MUELLER THERESE J. IIORAU v INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: DATE SENT: 3/2/2016 Pete Kaminski, Street Department Pike Bronstetter, Solid Waste a orbitt Kerr, Engineering Department Dressel, Community investment ,�hps Lederico Rodriguez, Fire Department arry Magliozzi, Area Plan Commission (ImagliozCa co st- ose hAn.us or 235 -9813 fax) Gene Eyster, Police Department FROM: Phil Griffin, NIPSCO (prngriffin(a7nisource com) (FYI Only) Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION APPLICANT: City of South Bend — Dave Re1os LOCATION: First N/S Alley from Sample St. to Garst between Franklin St. and Lafayette Blvd. and First E/W Alley from Franklin St. to Lafayette Blvd. between Sample St. and Garst. DATE DUE: March 15, 2096 FAX OR E -MAIL TO: 235 -9 endin qov PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36- 7 -3 -93 CRITERIA: 1. The vacation would /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 /would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would /would not hinder the public's access to a church, school or other public building or place. 4. The vacation would /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. COMMENTS: By Date W 4 �C _ Copp 0 t FV x k s � � ' O ;o k }} u t raoae 1 p Q :. I, Vai 41:05 _ - -__- ell I t3.00 6G OG O O 0 { ti �aQ7. w ul , /xIj ov •� 344T2 k 57343 k 2 !re 14 k 4 Z a in Cler ' Office JUN 0 TO,, ,gyp 2 CLERK, ° qr � k •.� L rry or, g3dgSZZ s 2,21 25 $ H ro e w 1 • = l 1 I+ � ,�. $ � � ]30.1] u ♦. , 66 • .lvj 71.4' 165 LD w ro a U & • W iD 1 1 + w �` 1 L i 4c1/ yI fis W. �I � m � •°,°� � et�it b 'C)fj Hi t Ira o oloio -- i „tom HIV s I` B J aE io # u M n Iq • SSk33 ¢ t s: 111 I isf.n r•�i•lnQi_ t ` B.Z.�Jr y y� i E At w Sr. EXIf1Y1iNf FV x W {0 '�' 'tit, rr1 ' O Sri }} u • us p Q :. I, Vai 41:05 Q G ell I t3.00 6G OG O O 0 — ti �aQ7. w u c /xIj ov •� 344T2 57343 231.73' A �i � �� 2b c.:►km y 2,21 25 $ H ro e w 1 • = l 1 I+ � ,�. $ � � ]30.1] u ♦. , 66 • .lvj 71.4' 165 LD w ro a U & • W iD 1 1 + w �` 1 L i 4c1/ yI fis W. �I � m � •°,°� � et�it b 'C)fj Hi t Ira o oloio -- i „tom HIV s I` B J aE io # u M n Iq • SSk33 ¢ t s: 111 I isf.n r•�i•lnQi_ t ` B.Z.�Jr y y� i E At w Sr. EXIf1Y1iNf FV x M 46 rr1 — O Sri }} u • us p i V. I, Vai Y ell I U O O 0 — ti �aQ7. w u c /xIj .sEy- •� 4 A �i � �� 2b x but t >^ O S0 ST. . x M 46 rr1 O }} u • us p i V. I, Vai Y ell I U O O 0 — ti �aQ7. w u c /xIj .sEy- •� G3 2b O S0 ST. a BEND, IN J U o o !C I � _ l� rr1 }} u • us i V. Y ell I -p04i U O O 0 — a BEND, IN J U o o !C I � _ l� Elizabeth Horvath From: Federico Rodriguez Sent: Wednesday, March 02,2016 11:33 AM To: Elizabeth Horvath Subject: RE: Alley Vacation - City of South Bend Favorable S.&F.D. Federico (Chico) Rodriguez Fire Marshal Office: (574) 23$-7564 Mobile: (574) 876.6734 1222 S, Michigan Street City of South Bend, In 46601 frodrigu@southbendin.gov Fra. Is L -Y Everyone's -,.,._/- Fbnt- We deliver services that empower everyone to thrive. Excellence I Accountability I Innovation I Inclusion I Empowerment From: Elizabeth Horvath Sent: Wednesday, March 02, 201611:14 AM To: Pete Kaminski <pkaminsk @southbendin.gov >; Michael Bronstetter <mbronste @southbendin.gov >; Patrick C. Kerr <pckerr@southbendin.gov >; Chris Dressel <cdressel @southbendin.gov >; Federico Rodriguez <frodrigu@southbendin.gov >; Larry Magliozzi <LMAGLIDZ @co.st joseph.in.us >; Eugene Eyster <eeyster@southbendin.gov> Subject: Alley Vacation _ City of South Bend Please provide your recommendations. L u�yarvcat. Secretary Department of Public Works 227 W. Jefferson Blvd.,Suite 1316 South Bend, IN 46601 574- 235 -3168 Ihorvath @southbendin.gov o4ynU'ry \�a <_� Elizabeth Horvath From: Eugene Eyster Sent: . Wednesday, March 02, 2016 11:41 AM To. Elizabeth Horvath; Pete Kaminski; Michael Bronstetter, Patrick C. Kerr; Chris Dressel; Federico Rodriguez ;. Larry Magliozzi Subject: RE: Alley Vacation - City of South Bend Ms. Horvath, The Police Department would have no objection to the approval of this request. Lt. E. Eyster Frorn: Elizabeth Horvath Sent: Wednesday, March 02, 201611:14 AM To: Pete Kaminski <pkaminsk @southbendin.gov >; Michael Bronstetter <mbronste @southbendin.gov >; Patrick C. Kerr <pckerr@southbendin.gov >; Chris Dressel <cdressel @southbendin.gov >; Federico Rodriguez <frodrigu @southbendin.gov>, Larry Magllozzi <LMAGLIOZ @co.st joseph.in.us >; Eugene Eyster <eeyster@southbend in.gov> Subject: Alley Vacation - City of South Bend Please provide your recommendations. L� �fa�var� Secretary Department of Public Works 227 W. Jefferson Blvd.,Suite 1316 South Bend, IN 46601 574 - 235 -3168 Ihorvath@ southbend in.gov 1865 ^- Elizabeth Horvath From: Michael Bronstetter Sent: Wednesday, March 02, 2016 3:09 ,PM To: Elizabeth Horvath Subject: RE: Alley Vacation - City of South Bend Attachments: Alley Vacation - City of South Bend- signed.pcif This will not hinder trash collection. Please see attached. Thanks, Mike Bronstetter a T Manager of Solid Waste Operations (574) 235 -5795 mbronste @southbendin.�ov City of South Bend 3113 Riverside Dr. South Bend, IN 46628 We deliver services that empower everyone to thrive. Excellence I Accountability I Innovation I Inclusion I Empowerment From: Elizabeth Horvath Sent: Wednesday; March 02, 201611:14 AM To: Pete Kaminski, Michael Bronstetter; Patrick C. Kerr; Chris Dressel; Federico Rodriguez; Larry Magliozzi; Eugene Eyster Subject: Alley Vacation - City of South Bend Please provide your recommendations. L' 4v Y&Yvatk Secretary . Department of Public Works 227 W. Jefferson Blvd.,Suite 1316 South Bend, IN 46601 574- 235 -3168 Ihorvah@southbendin.gov (j Li lC k PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36- 7 -3 -13 CRITERIA: 1. The vacation w6gleftouid 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 w uld/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation �"-d/would not hinder the public's access to a church, school or other public building or place. 4. The vacation 1 6�auld /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. COMMENTS: Planner Date 3/11/2016 By Matthew Chappuies, -- Area Plan Commission TJI' INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 3/2/2016 TO: Pete Kaminski, Street Department Mike Bronstetter, Solid Waste Corbitt Kerr, Engineering Department Chris Dressel, Community Investment Federico Rodriguez, Fire Department Larry Magliozzi, Area Plan Commission (Imagliozftco.st- ioseph.in.us or 235 -9813 fax) Gene Eyster, Police Department Phil Griffin, NIPSCO (pmgriffin(a-nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk FOR RECOMMENDATION — ALLEY VACATION SUBJECT: REQUEST APPLICANT; City of South Bend —Dave Relos St. to Garst between Franklin First N/S Alley from Sample Franklin and LOCATION: St. to Lafayette Blvd. between Sample St. nd Garst DATE DUE: March 15, 2016 FAX OR E -MAIL TO: 235 -9171 / ImartinC southbendinmv PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36- 7 -3 -13 CRITERIA: 1. The vacation w6gleftouid 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 w uld/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation �"-d/would not hinder the public's access to a church, school or other public building or place. 4. The vacation 1 6�auld /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. COMMENTS: Planner Date 3/11/2016 By Matthew Chappuies, -- Area Plan Commission Elizabeth Horvath From: Patrick C. Kerr Sent: Thursday, March 31, 20161:53 PM To: Elizabeth Horvath Subject; RE: Second Attempt - Alley Vacation - City of SB /Dave Relos No Objection, From: Eliiabeth Horvath Sent: Wednesday, March 23, 201610 :21 AM To: Patrick C. Kerr <pckerr@south ben din.gov> Subject: Second Attempt- Alley Vacation - City of SB /Dave Relos Corbitt - I am hoping to get this on the next agenda. Please provide your recommendations. LmeyfrWVtartj�. Secretary Department of Public Works 227 W. Jefferson Blvd.,Suite 1316 South Bend, IN 46601 574.235 -3168 Ihorvcrth@southbendin.gov 'y4 T7t �� • nu�K �i1i65 i 2 a .Y -I: I R , .A+ PT. OFSTUDEBA1tER CORRIDOR 1st REPLAT (ALSO SEE E -I2ET — MWOR B JUVENILE CENTER MINOR SUB. Q „C,. p STUDE13AKER CORRIDOR 2ND 'w MINOR SUB 110 ' F ( STU DE BAKER CORRIDOR 47H 4 MINOR SUB . E, i ; 1 2 LIFE HOUSE REPLAT 0 F' Pt. STUDEBAKER CORRIDOR GTH MINOR SUB. OFLOT2 STUDEBAKER CORRIDOR 4TH MINOR G • -Q -w IVY TECH MINOR .H. WEAVER'S GARST ST. MINOR SU -00 - ul_ n 5 -00 6 " coax .�`•°,✓/ �, 8450014 i . ` 34 IS -800 00 � Z, UO • SO' fa5 ST r 17223 n 2 -0050 ' g !7 m 3G 'a 18-8002 N N 3- oils 160 a -ots3 � —, ap pt. FH 18_8003 38-0134 °v Pt. "pn a. 1 4 • . 17z 64 _ f4a 003 V sn g r _ 181 0 1 /G5 B ,— ru5 - 0135.0! � 4-0147 >' � A 6518 -8�} -0/35 �` m 40-0/240 a -57 — a? cc -Otis ' r05 T - laf, 0/72 2-Ol9l �" (_0156 osBS _ 22-0/57 m �098a.01 °_ i � ■Au I 0285 . Q 18-8004 � 2 18 -8004 16-8.003 0 1 -0,400 �-- 0788.0/ = ' �9 — „ Z ° ` 10420 ,T3.20 n m � -0161 /m (0s Sr •o - .Oa8&w R 110 1 m - ' 40 /a3 n x`75 '5 STULL is� (05 JGS751 09/6 7s 90 = i0 /G5 _ 0/76 d /3 10704.01 -0793 0 ?94 `r 0/77 `� : -0304 Oa /7 Q -�4"("- -- l9 O/6a 10 I - 0205 -01 _ 14. -0795 n6 ' l ry Pi- a 1 0178 _ ' '° `- — - , 02/8 -0-400 -0205 -0 - -- _ 1 �5 030! — /5 -0206 4 ri -0306 = , - - - /7 -o/64 .� 0-0/80 n Y -0220 — �8 - -_ i 5 a -o307 . ., Q u .75 (r,5.Y5 -03/2 E IG 7 ai- 3(31 Zk res7s 0222 C k5 -o3tB * $ -0182 0 /7 e /5 µ -75AC, o ' 0224 -0394 , 14 �. 1 d o J • /0 /9 � - 13 _-i n ` 0727 a I 0/88 ` e 2Q -0215 9 - 8-12F � �..— 99 2 dy5 sagas 45 t too la_ . 39 M 0 110 ' F ( (as V 9 2651$1 i ; 1 2 V I 0028 28 -oa7. of - n - 35' 0 ._.0043__ -0003 .. 0 0030 -00 - -000S - - a 0 0031 q - -00000 0 !71 R 07 ; 66S / /G9 / /G5 �+ , ,GS O• 0 032 5 5-0046 3 -0009 - na _ - -0047 T -00101 ,;,� , , 3? -0022 Q - - 'l_0o33.or- 0 0047.01 x _ - ; = o oil� >. 7 7a 0 0 xi I — -- � ` m _ x 59 ; ;' wrroaJ - m 1 165 Pt. CITY OF SOUTH BEND PETE BUTTIGiFG, MAYOR DEPARTMENT OF PUBLIC WORKS Eric Horvath, Director May 23, 2016 Mr. Tim Scott Council President, South Bend Common Council 4t" Floor, County -City Building South Bend, IN 46601 Re: Bill #23 -16 Substitute Version Dear Council President Tim Scott, Sub. Bill No. 23 -16 On April 20, 2016, I, Patrick C. Kerr, City Engineer filed Bill #23 -16, which an ordinance proposing to. include new rules and regulations for assessment of installation charges. I am now filing a .third Substitute Bill #23 -16 which will codify and establish a legal basis for the City to waive assessment and compact fee back payments from users prior to August 1, 2016. Included in this submission is also a highlighted markup of the substitution bill that clarifies the substitutions being made to the original Bill. As before, either I, or Director of Public Works Eric Horvath, will present this Bill to the Common Council at its appropriate committee meeting and at the public hearing during the Common Council's regular meeting. Thank you for your consideration of this Substitute Bill. Sincerely, Patrick C. Kerr, PhD, PE City Engineer Cc: Legal Department Eric Horvath Filed in Clerk's Office MAY 2 3 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN 3 ^ I iU PM Sub. Bill No. 23 -16 Substitute Bill No. 23 -16 Ordinance No. 46 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE NEW RULES AND REGULATIONS FOR ASSESSMENT OF INSTALLATION CHARGES STATEMENT OF PURPOSE AND INTENT Chapter 17, Article 10 of the South Bend Municipal Code (the Code) contains sections involving construction fees for water and sewer installation. In particular, it addresses assessment of installation charges, which are fees intended to recoup the city's investment in the installation of water mains and sewers. Users wishing to connect to the system are charged a standard rate based on the size and/or dimension of their property. The pWose of this ordinance is to establish a legal basis for the City to waive assessment and compact fee back payments from users prior to August 1, 2016. Now, Therefore, Be It Ordained by the Common Council of the City of South Bend, Indiana as follows: Section I. Chapter 17, Article 10 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 17 -79. - Water main lines within City limits; assessment of installation charges. (a) City residential water main charges. All owners of single family residential property located within the corporate limits of the City of South Bend shall be assessed a proportionate share of the cost of water main line installation computed at twenty -three dollars and seventy -five cents ($23.75) per lineal foot (LF) of that water main line which is installed along the boundary of such parcel, at a total maximum rate of two thousand dollars ($2,000.00) per single family residential parcel. (b) City commercial /industrial water main charges. (1) All owners of property used for commercial or industrial purposes located within the corporate limits of the City of South Bend using 12" diameter main lines shall be assessed a proportionate share of the cost of water main line installation computed at the rate of thirty dollars and fifty -three cents ($30.53) per lineal foot (LF) of that water main line which is installed along the boundary of such parcel, which assessment is not subject to a maximum rate cap. (2) All owners of real property located within the corporate limits of the City of South Bend used for commercial or industrial purposes who require water main lines in excess of twelve -inch diameter shall be assessed a proportionate share of the cost of the water main line installation computed at the actual cost, based on time and materials. (3) All owners of property used for commercial or industrial purposes located within the corporate limits of the City of South Bend using water main lines less than twelve -inch diameter shall be assessed the same rate as residential users, that is twenty -three dollars and seventy -five cents ($23.75) per lineal foot (LF) without the maximum rate cap. Sec. 17 -80. - Water main line outside City limits; assessment of installation charges. . (a) Non -City residential water main charges. All owners of single family residential property located outside the corporate limits . of the City of South Bend shall be assessed a proportionate share of the cost of water main line installation computed at twenty -eight dollars and fifty cents ($28.50) per lineal foot (LF) of that water main line which is installed along the boundary of such parcel, which assessment is not subject to a maximum rate cap. (b) Non -City commercial /industrial water main charges. (1) All owners of property used for commercial or industrial purposes located outside the corporate limits of the City of South Bend using twelve -inch diameter or lamer main lines shall be assessed a proportionate share of the cost of water main line installation computed at the rate of thirty -six dollars and sixty -four cents ($36.64) per lineal foot (LF) of that water main line which is installed along the boundary of such parcel, which assessment is not subject to a maximum rate cap. (2) All owners of real property located outside the corporate limits of the City of South Bend, used for commercial or industrial purposes who require water main lines in excess of twelve -inch diameter shall be assessed a proportionate share of the cost of the water main line installation computed at the actual cost, based on time and materials, plus an additional ten (10) percent for costs to the City associated with such extension. This assessment is not subject to a maximum rate cap. (3) All owners of property used for commercial or industrial purposes located outside the corporate limits of the City of South Bend using water main lines less than twelve - inch diameter shall be assessed the same rate as non -City residential users, that is twenty -eight dollars and fifty cents ($28.50) per lineal foot (LF), with no maximum rate cap. Sec. 17 -81. - Sewer main line; assessment of installation charges inside and outside City. The sewer main line installation charge shall be assessed on a per square foot basis of property owned and applies to all property owners whether residential, commercial or industrial. However, owners of single family residential real property located within the corporate limits of the City shall be limited to a maximum charge of three thousand dollars ($3,000.00) per single family residential tract. The rates below are rates for user /property owners inside the City limits as follows: Step of Block 1st 25,000 sf 2 Rate $ /SF 0.28 next 50,000 sf 0.22 next 50,000 sf 0.14 next 50,000 sf 0.08 over 175,000 sf (4 acres) 0.04 NON -CITY USER INSTALLATION ASSESSMENT - 110% of above rates with no cap. Sec. 17 -82. - Effective date of charge assessment. All charges and rates fixed by this article shall be effective at the time that connection is made from the owner's property to the City sewer and /or water main line(s). The rates set forth in this article are separate and distinct from usage rates, tap and other non - recurring charges, water and sewer service fund charges, availability fees, and other similar charges provided elsewhere under this chapter. Sec. 17 -83. - Owner responsible for connection costs to main line. All costs or charges for making the physical connection from the affected real property to the City - installed sewer or water main line shall be the responsibility of the owner, and these are separate and distinct from the charges set forth in this article. The property owner shall engage a licensed plumber to make any such lateral connection from the sewer and /or water main line to the property or building. All such materials and installations shall be in compliance with Engineering Department standards and any applicable Building or Plumbing Code. Sec. 17 -84. - Party responsible for payment of charge. The owner of the property as determined by the record of deeds in the Office of the Recorder of St. Joseph County- shall be responsible and liable for the sewer and /or water installation construction charges required by this article. Sec. 17 -85. - Methods of payment; prepayment with discount; installment plan. (a) The property owner may pay all charges in full prior to time the installation work is commenced. Prepayment of expenses in advance under this section shall entitle the owner to a ten (10) percent discount of the total charge. (b) A single family residential real property owner may pay the charges under this article by sixty (60) monthly installment payments with interest at the rate of two (2) percent below the City's prime borrowing rate established by the Board of Public Works by December 1 of each year for the following calendar year. The interest at the commencement of the residential owner's sixty -month payment plan shall be constant throughout the sixty -month term. The installment payment under this section shall be added to the monthly sewer /water bill and paid in the same manner and under the same conditions as the monthly water service charges. However, a subsequent owner shall pay in a lump sum at the time of sale of the water and or sewer served real property any balance remaining on the previous owner's obligation for sewer and /or water main extensions under this section. (c) Notwithstanding the foregoing, an owner of vacant real property served by a sewer and/or water main installed by the City shall fully assume and pay the maximum. construction charge assessable under this article upon construction of any improvement to the vacant land. If the land is in the City limits at commencement of construction, City rates shall apply. If the land is outside City limits at the commencement of construction, non -City rates shall apply. However, the Board of Public Works may make exceptions for an owner of real property outside the City who qualifies for annexation to the City under the requirements of state statute (IC 36 -4 -3 -1 et seq.) and who has irrevocably petitioned for annexation contemporaneously with hook -up to municipal utility lines. Sec. 17 -86. - Waiver. of annexation and City compact fees. (a) Notwithstanding anything to the contrary contained herein the effective date of this Section 17 -86 shall remain June 3, 2002. (b) In consideration for the City's extension of sewer and /or water main lines to areas outside City limits, the owner of any such real property located outside City limits who wishes to connect to a City main line shall execute a waiver of right to remonstrate against annexation as a condition of tapping into the City's main line. (c) Effective January 1, 2017, aAs a further condition of a non -City resident tap into City sewer apAlor —water main lines, an owner of real property situated outside the City limits shall pay a compact fee annually to the City for that 3 utility (whether sewer- or- wate which compact fee is thirty (30) percent of the difference between the County and City effective property tax rates. if two (2) utilities (both sewer- and wate� sefviee)-iffe idsed, then the anmieA eampae4 e shall be fifty (50) per-eent of th differ-enee be+ween the Gount-y and City tffli rates. Sec. 17 -87. - Prior--co traets unaffeet d Exemptions. (a) Owners who have either executed a permit to connect or who connected to the City's sewer or water line prior to August 1 2016 shall be exempt from assessment fees. fib) The rates set forth in this article shall not apply to user contracts executed with the City prior to the effective date of this article. For all such users, the contract rate shall apply and the terins of the contract shall supersede this article. Lc) Notwithstanding anything contained herein this Chapter 17 Article 10 the City reserves the right to retain any assessment which has been collected prior to January 1, 2016. Sec. 17 -88. - Board of Works rate modification. The Board of Works shall, as needed, recommend any modification to the rates established in this article to reflect fluctuations in construction costs. 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 any publication required by law. M Member of the Common Council Attest: Kareemah Fowler, City Clerk Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana on the day of , 2016, at o'clock —.m. Approved and signed by me on the o 'clock . m. I * READING PUBLIC HEARING �3 rd READING NOT APPROVED REFERRED PASSED Kareemah Fowler, City Clerk day of Pete Buttigieg Mayor of the City of South Bend, Indiana 5 2016, at Filed in Clerk's Office MAY 232016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN 3 9C�IPM CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS Eric Horvath, Director Bill No. 26 -16 May 23, 2016 Mr. Tim Scott Council President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: Ordinance To Amend South Bend Municipal Code Addressing Sidewalk Cafes Under the Americans with Disabilities Act (ADA) Dear Council President Scott, Attached for filing with the South Bend Common Council is an Ordinance to amend the South Bend Municipal Code at Chapter 18, Article 1 Section 18 -5 to ensure that sidewalk cafes and any decorative materials or other sidewalk barriers are placed so as to meet current federal Americans with Disabilities Act (ADA) Guidelines. The attached ordinance is substantially similar to Bill No. 25 -16 which was recently withdrawn by the Administration. The difference between Bill No. 25 -16 and the attachment is the Code Section affected by the amendment. Chapter 18, Article 1, Section 18 -5 applies city -wide. Either I, or Director of Public Works Eric Horvath, will present this Bill to the Common Council at its appropriate committee meeting and at the public hearing during the Common Council's regular meeting. Thank you for your consideration of this matter. Sincerely, atrick C. Kerr, PhD, PE City Engineer Filed in Clerk's Office 111 AY 2 5 2016 KAAREEMr ;� : CITY CLERK, SCIL'TH BEND, IN Bill No. 26 -16 Bill No. Ordinance No. -16 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18, ARTICLE 1, SECTION 18 -15 OF THE SOUTH BEND MUNICIPAL CODE TO ASSURE SIDEWALK ACCESSIBILITY FOR PERSONS WITH DISABILITIES NEAR SIDEWALK CAFES STATEMENT OF PURPOSE AND INTENT Chapter 18 Article 1, Section 18 -15 of the South Bend Municipal Code (the Code) involves rules and regulations for commercial use of sidewalks. The purpose of this ordinance is to ensure that use of a South Bend city sidewalk for an outdoor cafe, or for any other commercial use involving decorative materials and barriers, be done and arranged physically so that such sidewalk and pedestrian walkways meet current ADA guidelines prescribed by the United States Access. Board. Now, Therefore, Be It Ordained by the Common Council of the City of South Bend, Indiana as follows: Section I. Chapter 18, Article 1, Section 18 -15 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 18 -15. - Use of sidewalks for business purposes; sidewalk cafes; permit required; refusal, revocation or suspension of application or permit. (a) It shall be unlawful for any person without a permit from the Board of Public Works to use any sidewalk as a place of business or for any commercial purpose. (b) Application for a permit shall be signed by the applicant and be ,made to the Board of Public Works on such forms as required by such Board and shall contain the name and address of the applicant and the proposed location of the business. (c) Such application and the permit issued hereunder, shall conform to all the provisions of this Code and of any ordinance and of all regulations of the City and of all laws affecting the use and maintenance of such business. U Outdoor cafes and seating areas shall be so located as to maintain maximum sidewalk width and clearance for wheelchair accessibility which shall exclude that portion of a sidewalk reserved as a "separated bike lane." Sidewalk clearance of at least five feet (60 inches) is required between outdoor cafe seating structures, landscaping or other barriers and the curb or the closest edge of the separated bike lane. The Public Right Of Way Accessibility Guidelines (PROWAG) shall be followed if more restrictive. (d)-e1 In the event that such Board determines that such business or the proposed location of the same will be detrimental to the health, safety, or general welfare of the public including persons with disabilities, or will interfere with ,pedestrians or with persons in wheelchairs traveling along the sidewalk,. the Board shall refuse the application for a permit. -(e) f�The permit issued by the Board shall state the name, address and location of the business of the permittee, and in any instance the Board may require that the permittee therein named shall indemnify and save the City harmless against all liability which may result to the City in consequence of the granting of such permit. *tg) The fee for such permit shall be the sum of ten dollars ($10.00) for a period of one (1) year from the date of issuance. (g) �h) Any application for a permit or any permit issued hereunder may be refused, revoked or suspended by such Board pursuant to the provisions of this Code. 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 any publication required by law. Attest: Kareemah Fowler, City Clerk 151 &CAUi, ;�j PUBLIC HEMING 3 rd READING NOT APPROVED PAMSED Member of the Common Council Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana on the day of , 2016, at o'clock —.m. Kareemah Fowler, City Clerk Approved and signed by me on the day of , 2016, at o 'clock m. Pete Buttigieg Mayor of the City of South Bend, Indiana 01 Fled in Clerk's Office MAY 2,51010 KAREEMAH FOWLER C17YCLERK, SOUTH BEND, IN I222 S. MICHIGAN STREET SourH BEND, INDIANA 4660I -282I CITY OF SOUTH BEND PETE BIITTIGIEG, MAYOR SOUTH BEND FIRE DEPARTMEl STEPHEN E COX FIRE CHIEF Common Council President Tim Scott County -City Building South Bend, IN 46601 President Scott, Bill No. 30 -16 PHONE 574/ 23 5-925 5 FAX 574/235-9305 Filed in Clerdc °st -,: . Ex-p-_ ._M JUN 08 2016 KAREElv1AH FOWLER CITY CLERK, SOUTH BEND, IN June 6, 2016 I am respectfully requesting the South Bend Common Council consider my recommendation to increase the Ambulance User Fees charged by the South Bend Fire Department. As required by The South Bend Municipal Code, Chapter 9, Article 3, Section 19 -18, I have provided the required 2016 Annual Review of User Fees with the recommendation for an increase that reflects the increase in reimbursement amounts allowed by Medicare. These amounts are current to this year. As I have stated in the past, Medicare typically adjusts this reimbursement allowance at least annually, which usually includes an increase in the rate of reimbursement. If adjustments are not made to our user fees, we are unable to take advantage of Medicare's reimbursement increases. This ordinance also includes a provision for self - effectuating annual fee increases based on Medicare or similar federal or state annual rate adjustments. I recommend adoption of this self - effectuating provision because Medicare and similar rates provide a reliable, pre- approved standard for reasonableness and relationship of cost to service. I appreciate your consideration on this matter. I look forward to presenting the ordinance to Council at your Committee and regular meetings. Sincerely, I ep n F. x �7 Fire hief JAMES Luc= TODD L. SKWARCAN ANDREW J. MYER ,JOHN CORTHIF.R FEDERICO RODRIGUEZ, JR ASST. CHIEF OPERATIONS ASST. CHIEF SERVICES ASST. CHIEF EMS ASST. CHIEF TRAINING FIU.. MARSHAI. Bill No. 30 -16 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS OF CHAPTER 9, ARTICLE 3, OF THE SOUTH. BEND MUNICIPAL CODE TO ADDRESS AMBULANCE/MEDICAL SERVICE FEES STATEMENT OF PURPOSE AND INTENT Since 1981, the City of South Bend, Indiana has codified the regulation of ambulance and medical user fees into the South Bend Municipal Code. South Bend's current ambulance and medical user fees took effect on August 1, 2015 (Ordinance No. 10368 -15). The South Bend Fire Administration has regularly reported to the Common Council its ambulance service activity pursuant to Chapter 9, Section 9 -18 of the South Bend Municipal Code, and has provided its recommendation regarding adjustment of user fees. The Fire Chief s most recent report was submitted to the South Bend Common Council on May 31, 2016. Based on its survey of these fees and charges, and due to increased costs to the City for personnel training and necessary medical supplies, it is recommended that ambulance and medical user fees be adjusted consistent with the 2016 Medicare Fee Schedule. To fully recover the costs and expenses of the Fire Department paramedic branch in providing ambulance and emergency medical services, a modest adjustment is required of the current rates. It is further recommended by the Fire Administration that hereafter the South Bend Fire Chief be authorized to adjust these user fees once annually and automatically by the same percentage rate as any adjustments made to the Medicare Fee Schedule rates, with notice to the City Clerk after which such new rates will take effect. These changes are reasonable, appropriate, and in the best interests of the City of South Bend. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 9, Article 3, Section 9 -16 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 9 -16. Ambulance /medical user fee -- Established. (a) The following user fee schedule shall be charged for all ambulance /medical services provided by the City through its paramedic branch of the Fire Department: (b)'The above fees shall be charged per patient run occurrence; however, when ambulance /medical services are provided for a patient using a private ambulance, the mileage fee shall not be charged; and further provided that when more than two (2) members of an immediate family residing at the same address are transported per incident, the basic fee, mileage fee, and emergency fee shall only be billed for two (2) persons. (c) Non - resident: Is defined as a person whose primary residence at the time of the service is outside the corporate boundaries of the City of South Bend, Indiana. (d) Basic Life Support (BLS): Means transportation by ground ambulance vehicle and medically necessary supplies and services, plus the provision of BLS ambulance services. The ambulance must be staffed by an individual who is qualified in accordance with State and local laws as an Emergency Medical Technician (EMT)'. (e) Advanced Life Support, Level 1 (ALS 1): Means transportation by ground ambulance vehicles, medically necessary supplies and services and either an ALS assessment by ALS personnel or the provision of at least one ALS intervention. 1 ALSI, ALS2 and BLS definitions track the language codified in Title 42 of the Code of Federal Regulations, Chapter N, §414.605 entitled "Fee Schedule for Ambulance Services ". Non- Resident Non - Resident Resident Resident (1) Basic Life. Support (BLS $320.34- $^-26.05 322.19 $ 428.51 Nonemergency) (2) Basic Life Support—(BLS 512.55 T 68 � 69 - 515.49 685.60 Emergency) (3) Advanced Life Support - (ALS 384-41-- 511.26- 386.63 514.21 Non Emergency) (4) Advanced Life Support -- - 698.66 809.5 i 612.15 814.16 Emergency (ALS -1 Emergency) (5) Advanced Life Support - (ALS -2 - 880.94 1,171.64- 886.01 1,178.39 - Emergency (6) Mileage, Basic (Within City Limits) (per patient miles, minimum 12.66 12.66 12.66 12.66 one (1) mile) (7) Mileage, Rural (per patient miles, 19.16 19.16 19.16 19.16 minimum one (1) mile) (8) Non - Transport Medical Calls 150.00 200.00 150.00 200.00 1,047.09 1,392.63 (9) Specialized Care (AO 434) 1,041.11 r 1,384.67 (b)'The above fees shall be charged per patient run occurrence; however, when ambulance /medical services are provided for a patient using a private ambulance, the mileage fee shall not be charged; and further provided that when more than two (2) members of an immediate family residing at the same address are transported per incident, the basic fee, mileage fee, and emergency fee shall only be billed for two (2) persons. (c) Non - resident: Is defined as a person whose primary residence at the time of the service is outside the corporate boundaries of the City of South Bend, Indiana. (d) Basic Life Support (BLS): Means transportation by ground ambulance vehicle and medically necessary supplies and services, plus the provision of BLS ambulance services. The ambulance must be staffed by an individual who is qualified in accordance with State and local laws as an Emergency Medical Technician (EMT)'. (e) Advanced Life Support, Level 1 (ALS 1): Means transportation by ground ambulance vehicles, medically necessary supplies and services and either an ALS assessment by ALS personnel or the provision of at least one ALS intervention. 1 ALSI, ALS2 and BLS definitions track the language codified in Title 42 of the Code of Federal Regulations, Chapter N, §414.605 entitled "Fee Schedule for Ambulance Services ". (f) Advance Life Support, Level 2 (ALS2): Means either transportation by ground ambulance vehicle, medically necessary supplies and services, and the administration of at least three (3) medications by intravenous pus/bolus or by continuous infusion excluding crystalloid, hypotonic, isotonic, and hypertonic solutions (Dextrose, Normal Saline, Ringer's Lactate); or transportation, medically necessary supplies and services, and the provision of at least one (1) of the following: (1) Manual defibrillation/cardioversion (2) Endotracheal intubation (3) Central venous line (4) Cardiac pacing (5) Chest decompression (6) Surgical airway (7) Intraosseous line (g) Non - Transport Medical Calls: Means a response to a medical emergency call by ambulance vehicle and the administration of ALS skills upon or medication given to a patient who then refuses transport to the hospital. (h) Mileage, Rural, shall apply to vehicle. runs made to areas in zones or zip codes designated as rural by Medicare and. the U.S. Department of Health and Human Services in its Medicare regulations. (i) The above fees shall take effect on August 1,_ -5 -2016. _(j) Hereafter, and in the event Medicare or other federal or State health care regulations require or allow an adjustment to ambulance/ medical user fees the South Bend Fire Chief is authorized to and may amend once annually the user fees set out in subpart (a) of this Section by the same percentage as the Medicare Fee Schedule rates for such services have been adjusted This adjustment shall be effective on the calendar date immediately following the date on which written notice of said fee rate adjustment is filed in the office of the City Clerk At the time such notice is filed, a copy of the new rates shall be made available in paper form for public viewing in the South Bend Central Fire Station, and such new rates shall also be published promptly on the City's web site. 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 at i a READ&4G PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2016, at o'clock M. Approved and signed by me on the o'clock, m. City Clerk day of 2 Mayor, City of South Bend, Indiana Fled in Clerk's office JUN 0 8 2016 KAREEMAH FOWLER C17YCLERK, SOUTH BEND, IN The South Bend Common Council 227 West Jefferson Boulevard, Room 441 Downtown South Bend, Indiana 46601 574.235.9321 574.235.5567 TDD June 21; 2016 Members of the Common Council 41h Floor County -City Building South Bend, Indiana 46601 Dear Council Members: Bill No. 16 -57 Filed in Clerk's Office , JUN 21 20th KAREEMkH FOWLER C17YCLERK, SOUTH BEND, IN The attached proposed resolution is filed in support of continuing to make a reasonable transition to cleaner forms of energy. The City of South Bend has a long history of environmental awareness going back to at least the 1962 City Code which contained regulations for the "Protection of Rivers ". Just some of the more than forty (40) legislative actions taken thereafter on a variety of topics included: • Ordinance No. 5593 -73 passed on October 22, 1973 amending Chapter 13 of the South Bend Municipal Code by the addition of new Article 6 Air Pollution Control prohibiting leaf burning with limited exceptions; • Ordinance No. 5750 -74 passed October 21, 1974 amending Chapter 13, Article 6 of the South Bend Municipal Code by adding new Section 13 -78 prohibiting smoking on buses operated in South Bend; • Ordinance No. 7108 -82 passed on October 11, 1982 creating a 13- member Energy Conservation Commission to help develop long -range energy conservation plans and "foster the conservation of energy "; • Ordinance No. 7597 -86 passed January 27, 1986 establishing new "Waste to Energy Facility Regulations"; • Resolution No. 3705 -07 adopted on July 31, 2007 to utilize a new state law on "Guaranteed Energy Savings Contract" for potential energy savings for the installation of LED traffic lights; • Ordinance No. 10023 -10 passed on July 12, 2010 which created the position of Director of Energy Conservation in the City of South Bend's Municipal Energy Office; • Resolution No. 4158 -12 adopted on February 27, 2012 recommending Stepped -Up Initiatives to Implement More "Best Practices" Emphasizing More Fuel — Efficient Sustainable Programs "; • Resolution No. 4261 -13 adopted June 10, 2013 supporting the Green Roof Initiative for the Century Center; • Resolution No. 4302 -13 adopted on November 25, 2013 which again utilized state law provisions on "Guaranteed Energy Savings Contracts" for potential energy savings for the Century Center; Cover Letter for Proposed Resolution Addressing Support for Reasonable Transition to Clean Energy Page 2 • Ordinance No. 10402 -15 passed on November 23, 2015 updating and improving drain and downspout disconnection requirements by changing a voluntary program to a mandatory program in order to incorporate more EPA recommended "Green Infrastructure" by rerouting rooftop drainage pipes to rain barrels and permeable areas instead of to storm sewers. The Common Council notes that there are several agencies at the state and federal levels dedicated to protecting our environment. Indiana is in EPA Region 5 which includes the states of Indiana, Illinois, Michigan, Minnesota, Ohio, Wisconsin and thirty-five (3 5) Native American Tribes. Federal and state laws, rules and regulations govern on a multitude of issues. It is our understanding that the Indiana Department of Environmental Management (IDEM) is seeking public input through June 30' on new rules addressing coal combustion residuals (CCRs) and coal ash containment. We have been advised that currently the Indiana Michigan Power Company, which is doing business as American Electric Power (AEP) operates a coal -fired electric generating station in Rockport, Spencer County, Indiana, which is governed by EPA and IDEM rules and regulations. The December 9, 2015 "Annual Landfill Inspection Report" for the Rockport Plant may be accessed at: hiips• / /www aep com/ about/ codeofconduct/ CCRRule/ docs/ 2016/RK- LF- AnnEnglns- 123115.pdf The attached proposed resolution is a show of support for continuing to develop reasonable transition plans to clean energy in our community. We request that it be referred to the Utilities Committee for review and recommendation- 1' District Council Member AI�L Gavin Ferlic Council Member at Large Attachment Bill No. 16 -57 Resolution No. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA IN SUPPORT OF A REASONABLE TRANSITION TO CLEAN ENERGY FOR SOUTH BEND Whereas, a transition to clean energy has begun in the City of South Bend and nearby communities, with solar panels installed at the South Bend Century Center, South Bend Mutual Homes and Near Northwest Neighborhood;' and Whereas, Rev. John I. Jenkins, C.S.C., president of the University of Notre Dame, announced on September 21, 2015, that the University will cease burning coal entirely within five years, and cut its carbon footprint by more than half by 2030;2 and Whereas, at least six faith communities in South Bend have installed or are planning to install solar panels to reduce their energy costs and better care for the Earth, including the First United Methodist Church, Islamic Society of Michiana, Kern Road Mennonite Church, Olivet AME Church, St. Anthony de Padua Catholic Church and First Unitarian Church;' and Whereas, the South Bend Century Center expects to save $1.5 million over 15 years by installing solar panels, LED lighting and energy efficient hearing and cooling systems;4 and Whereas, Real Services provided winter heating assistance to 9,432 struggling families in its Northern Indiana service area in 2015, and summer cooling assistance to 9,202 families that same year;' and Whereas, investments in solar power and energy efficiency in South Bend could benefit our local economy while reducing energy use and making it easier for residents to afford their electric bills; 6,7 and Whereas, with more than 146 watts installed per person, Indianapolis ranks second in the nation for solar power capacity per capita, second only to Honolulu, Hawaii, and ahead of all other U.S. cities such as San Jose, San Diego and Albuquerque;8 and Whereas, Northern Indiana Public Service Co. offers a program to purchase renewable energy from customers through a program that is creating 35 megawatts of solar, wind and other local energy in Northwest Indiana;9 and Whereas, Indiana Michigan Power (I &M) has begun installing small solar projects totaling 15 megawatts1° yet still generates approximately 40 percent of South Bend's electricity from the 2,600- megawatt AEP- Rockport 1 http: / /www iaced org /wp- content/uploads /2015 /07 /South- Bend - SUN - Solar- Awards.Pdf 2 hftp://news.nd.edu/news/61083-notre-dame-.cioal-no-coal/ 3 http• / /www southbendtdbune com/ news /local/ south - bend - congregations -tum- skyward -to- conserve - energv /article 732c968d -b43f- 59ae- babd- ac8e079ebbaa. htm I 4 https• / /downtownsouthbend com /century- center - surges- ahead - multi -mill ion - dollar - energv - savings- proiect 5 https://www.realservices.org/ wp /wp- content /uploads/ 2016 /04 /2015 - Northem- Indiana.pdf (page 11) 6 http://energy.gov/sites/prod/files/2016/05/f`3l/Factsheet-EE Savings and Benefits.pdf 7 ht tp•// www. thesolarfoundation .org(national/ 3 http' / /wishty com/ 2015 /05/27 /forbes- indy -is- 2nd - best -city- for - solar - power/ 9 https: / /www nipsco com/ our - services /renewable - energv- proiects /feed -in- tariff - program 16 https• / /www indianamichiaanpower com / info / news /viewRelease.aspx ?releaselD =1695 Resolution In Support of Reasonable Transition to Clean Energy Page 2 coal -fired power plant, tt the second most toxic power plant in Indianal2,i3 and the nation's sixth largest carbon polluter in 2014,14 according to the U.S. Environmental Protection Agency; and Whereas, Dr. Norma Kreilein, a Notre Dame alumna and pediatrician in Washington, Indiana, says pollution from the AEP- Rockport coal plant is harming the health of children and their families in southern Indiana and the plant should be shut down; 15 and Whereas, the AEP - Rockport power plant sends hundreds of millions of dollars from South Bend and other I &M communities each year to pay for out -of -state coal from Wyoming and Kentucky; 16 and Whereas, I &M must decide whether it will spend more than $3 billion of customers' money during the next 12 years to add more pollution controls to the AEP- Rockport plant or invest in clean energy jobs and technology in communities where I &M customers live, such as South Bend, Elkhart, Port Wayne and Muncie -17 and Whereas, I &M's lease- operate agreement expires in 2022 on one -half of the AEP - Rockport plant owned by a group of out -of -state corporations -- General Electric, Verizon, Philip Morris, Citigroup and J.P. Morgan -- who use the plant's assets to reduce their income tax burden; 18 and Whereas, according to I &M's own analysis, phasing out one half of the AEP - Rockport plant in 2022 and replacing it with cleaner forms of energy would be less expensive than I &M's preferred plan to keep burning coal;19 and Whereas, retiring the AEP - Rockport plant would achieve half of Indiana's carbon reduction goal under the federal Clean Power Plan, 20 reduce financial risks for customers, and potentially generate more local jobs and economic opportunities; and Now, Therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council calls on Indiana Michigan Power to transition as expeditiously and cost - effectively as possible away from coal -based power to cleaner forms of energy, such as wind, solar and energy efficiency and to do so in a reasonable manner that minimizes rate impacts. I &M's transition plan should include: 1. Identifying locations in South Bend and nearby communities where jobs can be created through investments in energy efficiency, wind or solar power; and 2. Developing a more aggressive plan to weatherize and improve energy efficiency in homes with low - income residents so families can afford their utility bills; and 177 https: l lwww.indianamichiaanpower.com /a lobal/ utilities /lib /docs /info /i)roiects /I ntegratedResourcePlan/ 2015 %201 &M %20IRP %20Public% 20Summarv.pdf 12 https :Hiaspub.er)a.-Qov /tdexplorer /td release.facility 13 http: / /enewspf.com /2016 /02/02 /new -epa- data -im- facility- 2nd - most - toxic- power - plant -in- indiana/ 11 https : / /ghgdata.epa.qovkqhqp /main.do 15 http : / /www.ioumaigazette.net/opinion /columns/ Doctor -s- prescription- Less -I -M- pollution- 11896586 16 Source: www.sni.com (subscription service) i7 http: / /wboi.org /posttc6al -fired- plants - adapt- new - costly -epa- standards #stream /0 18 https: /tdrive.google.com/ file/ d/ 0B- pOypoYthHLaU5Zb3FIZEJPcVRHZZBIUilWdWN40XJDSEFB /view ?usp= shadnq 19 httys:Hdrive.google.com /file /d /OB37irMi -Cq JWmlBeEdgTldTRFk /view ?usp= sharing 20 At 19.7 million short tons of CO2 emitted in 2012 and 17.4 million short tons in 2014 (ghgdata.epa.gov — metric tons converted to short tons), the AEP - Rockport plant represents more than half of Indiana's Clean Power Plan goal to reduce CO2 emissions by 31 million short tons by 2030 ( https: / /www3. epa. gov /airquality/cpptoolbox/indiana.pdf) Resolution In Support of Reasonable Transition to Clean Energy Page 3 3. Working with the local community in Spencer County to create a just transition plan for AEP- Rockport plant workers and surrounding communities who today are dependent on the plant for income. Section II. The Office of the City Clerk shall send a copy of this Resolution, following Common Council disposition, to Indiana Michigan Power Company, the Office of the Utility Consumer Counselor located at 115 West Washington Street, # 1500, Indianapolis, Indiana 46204 and the Indiana Utility Regulatory Commission located at 101 West Washington Street, Suite 1500E, Indianapolis, Indiana 46204. Section III. This Resolution shall be in full force and effec fro er its ado tion b e Common Council and approval by the Mayor. Co it Member Civ J. Davis, 6th District Common Council Vote Totals: In Favor In Opposition Council Member Tim Scott, I' District Council Member at Large Gavin Ferlic Flied in Clerk's office JUN 2 12 KAREEMpH FOWLER CITY CLERK, SOUTH BEND, IN 12CON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 June 20, 2016 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR Bill No. 32 -16 PHONE 574/ 235 -7678 FAX 574/ 235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: June 2016 Appropriation Ordinance – Enterprise Funds Dear President Scott, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2016, we plan to propose adjustments during four time periods— March, June, September and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 11t reading on June 27, 2016 with 2 "d reading, public hearing and 3rd reading scheduled for July 11, 2016. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574 -235 -7678. Regards h) C 1� Jo h H. H. Murphy City Controller Wa_" CC: Pete Buttigieg, Mayor James Mueller, Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney Jennifer Hockenhull, Deputy City Controller Filed in Clerk's Office JUN 21 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Excellence I Accountability I Innovation I Inclusion I Empowerment �{� Bill No. 32 -16 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2016 OF $385,775 FROM EMS CAPITAL FUND (#287),$150,000 FROM SOLID WASTE FUND ( #610), AND $60,6012011 SEWER BOND FUND ( #659). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2016 operating and capital budgets in 2015 (Ordinances 410389 -15 passed on October 12, 2015), which included expenditures for various City enterprise operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2016 and set apart within the following designated funds for operational expenses as follows: Fund Amount EMS Capital Fund ( #287) $385,775 Solid Waste Fund ( #610) 150,000 2011 Sewer Bond Fund ( #659) 60,601 TOTAL S96 76 Section 11. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2016, at o'clock—. m. si READING PUBLIC HEARING 3 rd READMtG NOT APPROVID REFERRED PASSED Deputy City Clerk Approved and signed by me on the day of o'clock . m. , 2016, at Mayor, City of South Bend, Indiana Fled in Clerk's Office JUN 21 2016 KAREEAMAH FOWLER CITY CLERK, SOUTH BEND, IN ( ƒ E Filed h Clerk's Office JUN / ] 20]6 KAREE MAH F0WLER QTY CLERK, SOUTH BEm IN M.§ k , 2 ® \ � § / k � o [ Colo - ( P. ¥ ( \ / i ® 2 ) � § e @ / n n § 0 o ) f $ ± (r,0 \ 03 ( § n 2�3 5j 0 77 [ \E§ /■ / § \k - � E §E §m CL /k\ \\ \ § ®�) ( \ }G) @ CL , 3 | ! j))/ [ j } \\ " co ff m ZZ ƒa!( ))!q ( \ /\k m m ) i - g .(k)( 91 \ } . g: $ /0 \\ } � Ow 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 June 20, 2016 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR Bill No. 33 -16 PHONE 574/ 235 -7678 FAX 574/ 235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard, 411 Floor South Bend, Indiana 46601 RE: June 2016 Transfer Ordinance Dear President Scott, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2016, we plan to propose adjustments during four time periods— March, June, September and December. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1St reading on June 27, 2016 with 2nd reading, public hearing and Yd reading scheduled for July 11, 2016. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574 - 235 -7678. Regards, J H. Murphy g�. CI y Controller CC: Pete Buttigieg, Mayor James Mueller, Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney Jennifer Hockenhull, Deputy City Controller Fled in Clerk's Office E JUN 21 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Excellence I Accountability I Innovation I Inclusion ( Empowerment dV Bill No. 33 -16 ORDINANCE NO AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2016 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances #10388 -15 and 10389 -15 passed on October 12, 2015) which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2016. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section II: This .ordinance shall be in fall force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk I t READING PUBLIC NEARING 3 rd READING NOT APPROVED REMID PASSED Member of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2016, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of o'clock . m. Mayor, City of South , 2016, at Fled in Clerk's Office JUN ? 12016 KAREEMAN FOWLER CITYCL.ERK, SOUTH BEND, IN Filed in Clerk's Office JUN 21 2016 n'+ KAREEMAH FOWLER CITY CLERK. ",() Ty BEND, IN E m v N C 0 T o m m H - W 0 y 0 E 0 E >m >W o o 3 m ; c c o E M E E o a n T > y 3 E �3 - 12 12 aWO 10C r� c 4 m m o ° E £ m °• C M Q O m t0 c J > '� � W O O ° O O U ✓° m L�' O N L W > > C C U U 3« E m �a�a@ A m 3COJ W W coca!- Emam E 122 E 12 0 m m- m Wad y t w "'r, ' ° U U a2 -2 m d ' m W m c F 1!= E E n ° o a d o c D O W W r t •- $ c O W °a Wn E r.E c - �> y o E m£ E. w v o W W m mom OW m�e"Na `m Wli� w m w °02..a .t°, L' wmmma m m W? C _nw C aEa Wf oc2 t m 100-mE Z N m V u 0 p L O L C C �-aIa� m �m>W m m 0•-° �°�° o$o �tp°°°'p p°o o$p oa $0 0 p�,E� L C « W y OR w N N 0 0 M M NO O p t0 p f0 V r M a 0 m C i p m NC N •O N °ma co 0 v Np M N IF V m .f_QWAp" �N vW W. 0 Q Z O o O �� O M O O O N O O Q O O O O i N N N N N N « y N N N N 4.44 Q Q O Q O Q N N N C C C Yom-• W `m C Z Y C Y m Y m ti ti W m C C C C G a a m O � W W W IlZ 'W WI W E m Z t 2 CIO rnl � ' - co - o 0 co w '^ c o � o= F' m c o in Q a m on. c o m`o m W U z O I�IO E I E I I EI£ E C E aZ 'Z 2'Z c -IV c c a a >I mm .5 c c Om W rn�.E C c N T t C ?= C e cc o f Imo° I d� I EI £ I E° U U U U U O1O ,w` w w` U U I IUIU U W m° m U U U' Z a C LL m rn � w rn U m 8181 0 U 0 0 W o W 10 U U p G Filed in Clerk's Office JUN 21 2016 n'+ KAREEMAH FOWLER CITY CLERK. ",() Ty BEND, IN E m v N C 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 June 20, 2016 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR i • i PHONE 574/ 235 -7678 FAX 574/ 235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: June 2016 Appropriation Ordinance – Civil City Funds Dear President Scott, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2016, we plan to propose adjustments during four time periods — March, June, September and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1' reading on June 27, 2016 with 2nd reading, public hearing and 3rd reading scheduled for July 11, 2016. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574 - 235 -7678. Regards, Jo H. Murphy City Controller CC: Pete Buttigieg, Mayor James Mueller, Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney Jennifer Hockenhull, Deputy City Controller Filed in Clerk's Office JUN 2 12016 KAREEM4H FOWLER CRY CLERK, SOUTH BEND, IN Excellence I Accountability I Innovation j inclusion I Empowerment ©I Bill No. 34 -16 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, . INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2016 OF $500 FROM DCI FUND (#212),$850,000 FROM LOIT 2016 SPECIAL DISTRIBUTION FUND (#257),$114;762 FROM PARKS NONREVERTING CAPITAL FUND ( #405), $114,762 FROM PARKS FUND ( #201), AND $63,555 FROM MAJOR MOVES FUND ( #412). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2016 operating and capital budgets in 2015 (Ordinances #10388 -15 passed on October 12, 2015) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2016 and set apart within the following designated funds for expenditures as follows: Fund Amount DCI Fund ( #212) $ 500 LOIT 2016 Special Distribution Fund ( #257) 850,000 Parks Nonreverting Capital Fund ( #405) 114,762 Parks Fund (4201) 114,762 Major Moves Fund ( #412) 63,555 TOTAL 114 57 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the _ day of , 2016 at o'clock —. m. Deputy City Clerk Approved and signed by me on the day of , 2016 at o'clock . m. Mayor, City of South Bend, Indiana Fled in Clerk's Office :+ kEAD1NG PUBLIC NEARING JUN 11 2016 3 rd READING NOT APPROVID keOCCRAa, � r...... -- - •,• v��nr�,t,JU 11H SEND, IN PASSED - Fled in Clerk's Office JUN 2 r 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BENI IN mm I d O C O ^p d •NO c U - � a N E- a m N J 52 >> o x a c a m osm 4 42 -422 _popO s U o m= J J N 5� 5� N C fp C U fS U U N LL w O y U C G C C 0 0 8ss o O U p a a N Syylf O N a V N R �0�pp U N m 0 N N Q V O•m0 r 9 C >n m O` 999 ipb� 000 E LL S W go- N c N N e� L o rode, m c N U °�oFo N N.o 'o ec i �R x 'c ap o 6 LL L N N S � EU N O li3 9'F2 F F-hH O D hN N�pp m rNtNO m N n U C C. d NN C Xm = W Nr �� Nam tip r ro p3c m co c w O o da mOOti L r N y Z 3 N m O O C 7 O I 0 0 � 6 O N O O V `i V G Oo E V cb Q Z O O O O O o O q N N YK V NNN V' m U p R C C C G C C C N Z m m U U U p U U O w 000 J U 000 m W w e d m o 0 o 0 0 W N 0 Q a` E ° m z c � m O O N G 0 N c c c m F I E E E .. .. o 9 -1 U as0 FHF U c O V m 0 0 � � � m o C o I •c a Q as m a`som c LLI A VUt� E p m Z N _VV C C c CY a m m mm LL (n ro m m ro m N G� 0 0 Z Z C 0 Z j LL j j LL LL o aaa aaa10 Fled in Clerk's Office JUN 2 r 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BENI IN