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HomeMy WebLinkAbout06-24-13 Council Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, JUNE 24, 2013 1. INVOCATION - REV. JANICE HALL 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 7-nn D M ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE KATHERINE ROOS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 16 -13 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3529 AND 3527 WESTERN AVENUE, SOUTH BEND, INDIANA 46619, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 20 -13 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5661 F.J. NIMTZ PARKWAY AND THE VACANT PROPERTY EAST OF AND ADJACENT TO AND WEST OF AND ADJACENT OT 5661 F. J. NIMTZ PARKWAY, COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA 21 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING .ORDINANCE FOR APPROXIMATELY 85 ACRES LOCATED AT THE SOUTHEAST CORNER OF SAMPLE STREET AND PRAIRIE AVENUE, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA 27 -13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY SOUTH OF DONMOYER AVENUE FROM THE WEST LOT LINE OF LOT 4, FOREST HILL ADDITION AND EAST LOT LINE OF SAID LOT 4 FOR A DISTANCE OF 40 FEET AND A WIDTH OF 16 FEET 18 -13 PUBLIC HEARING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 6 -6. 6, 6 -6.7 AND 6 -6.8 ADDRESSING SOILS AND WATER TABLE REVIEW REQUIRED AS PART OF THE PERMIT PROCESS 22 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5, ARTICLE 3, SECTION 5 -15 (a) AND (d) OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED HONEY BEE KEEPING REGULATIONS AND AMENDING SECTION 2 -123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS 28 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 13 ENTITLED MOPED REGULATIONS, AND AMENDING SECTION 2 -123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS 29 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 19, ARTICLE 61, SECTION 19 -61 (a) OF THE SOUTH BEND MUNICIPAL CODE AS TO LIMITED SALE OF ALCOHOLIC BEVERAGES IN PUBLIC PARKS 23 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE TOTAL SUM OF $34,250.00 WITHIN CITY GENERAL FUND #101 FOR A NEW EMPLOYEE POSITION AND FOR PROFESSIONAL ASSOCIATIONS DUES 24 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013 25 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013 8. BILLS, THIRD READING TIME: BILT, NO- 16-13 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3529 AND 3527 WESTERN AVENUE, SOUTH BEND, INDIANA 46619, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 20 -13 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5661 F.J. NIMTZ PARKWAY AND THE VACANT PROPERTY EAST OF AND ADJACENT TO AND WEST OF AND ADJACENT OT 5661 F. J. NIMTZ PARKWAY, COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA 21 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR APPROXIMATELY 85 ACRES LOCATED AT THE SOUTHEAST CORNER OF SAMPLE STREET AND PRAIRIE AVENUE, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA 27 -13 THIRD READING ON A BILL TO VACATE THE FOLLOWING PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY SOUTH OF DONMOYER AVENUE FROM THE WEST LOT LINE OF LOT 4, FOREST HILL ADDITION AND EAST LOT LINE OF SAID LOT 4 FOR A DISTANCE OF 40 FEET AND A WIDTH OF 16 FEET 18 -13 THIRD READING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 6 -6.6, 6 -6.7 AND 6 -6.8 ADDRESSING SOILS AND WATER TABLE REVIEW REQUIRED AS PART OF THE PERMIT PROCESS 22 -13, THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5, ARTICLE 3, SECTION 5 -15 (a) AND (d) OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED HONEY BEE KEEPING REGULATIONS AND AMENDING SECTION 2 -123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS 28 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 13 ENTITLED MOPED REGULATIONS, AND AMENDING SECTION 2 -123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS 29 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 19, ARTICLE 61, SECTION 19 -61 (a) OF THE SOUTH BEND MUNICIPAL CODE AS TO LIMITED SALE OF ALCOHOLIC BEVERAGES IN PUBLIC PARKS 23 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE TOTAL SUM OF $34,250.00 WITHIN CITY GENERAL FUND #101 FOR A NEW EMPLOYEE POSITION AND FOR PROFESSIONAL ASSOCIATIONS DUES 24 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013 25 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013 9. RESOLUTIONS RTT,T, NC) _ 13 -40 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THE ESTABLISHMENT OF A 5 -YEAR ACTION PLAN FOR THE REVITALIZATION AND PRESERVATION OF THE HISTORIC CITY CEMETERY 13 -41 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5405 ROYAL STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC 13 -42 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITH THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS CRESCENT OAKS - SECTION 2, 2322, 2330, 2338, 2402, 2408, 2416, 2424, 2432, 2323, 2331, 2339, 2405, 2413, 2421, 2509, 2517 BASIN STREET, 2440 BASIN STREET OR 5511 RUNNING DEER DRIVE, 2429 BASIN STREET OR 5469 BALBOA PARK AVENUE, AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC 13 -43 A RESOLUTION SOUTH BEND, INTERLOCAL A SOUTH BEND, INDIANA FOR 2013 -2017 10. BILLS, FIRST READING BILL NO. OF THE COMMON COUNCIL OF THE CITY OF INDIANA, APPROVING A FIVE YEAR GREEMENT BY AND BETWEEN THE CITY OF INDIANA AND ST. JOSEPH COUNTY, EMS SERVICES DURING CALENDAR YEARS 30 -13 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: STREETS AND ALLEYS IN THE AREA BOUNDED BY SAMPLE STREET, HIGH STREET AND THE RAILROAD TRACKS 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. x',11 I N)-(3 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3529 and 3527 WESTERN AVENUE, SOUTH BEND, INDIANA, 46619, COUNCILMANIC DISTRICT N0. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM MU MIXED USE TO LB LOCAL BUSINESS DISTRICT TO OPERATE A CONVENIENCE STORE AND ALSO REQUEST APPROVAL OF A SPECIAL EXCEPTION TO ADD A GASOLINE SER VICE STATION FACILITY WITHIN THE LB LOCAL BUSINESS DISTRICT CLASSIFICATION. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as 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: THAT PART OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS THE WEST 86 FEET OF LOT NUMBERED 1071 IN THE PLAT OF "LA SALLE PARK" AS RECORDED IN THE RECORDS OF THE ST. JOSEPH CO LINTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.24 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as LB Local Business District. SECTION II. That a Special Exception for Gasoline Service Station facility in a LB Local Business zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. 2 SECTION Ill. 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 Counco for, Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20 , at o'clock m. City Clerk Approved and signed by me on the _ day of 20 , at o'clock m. Mayor of the City of South Bend, Indiana I st READING Lf -�-U PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Danch, F/arner & Associates, Inc. —MIA MICHAEL J. DANCH, L.A. RON HARNER, P.S. Honorable Members of the City of South Bend Common Council 4"' Floor County -City Building South Bend, Indiana 46601 RE: Rezoning Petition for 3527 & 3529 Western Avenue, South Bend: Dear Council Members: Land Surveyors . Professional Engineers Landscape Architects . Land Planners April 3, 2013 Our clients are requesting the approval of a Rezoning Petition for the properties located at 3527 and 3529 Western Avenue, South Bend, Indiana. This requested Rezoning would allow for the approval of a Convenience Store with two Gasoline service pumps. The proposed site improvements require rezoning of the property to the LB Local Business District classification and approval of a Special Exception for the Gasoline service pumps. This is the same petition that was previously submitted to the Council for approval last year. Our clients did meet with several members of the LaSalle Park Neighborhood Association in January to discuss the project. As a result of that meeting, our clients did make some improvements that were allowed under the present zoning. Our clients also agreed to work with the neighborhood members to create a set of written commitments that can be enforceable as part of the rezoning process. Our clients believe the improvements proposed for the properties along with a set of enforceable written commitments would be a compatible use in the surrounding mixed use neighborhood along the Western Avenue corridor. 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, Hamer & Associates File No. 120200 "C" Md. 1643 Commerce Drive . South Bend, IN 46628 office 574/234 -4003 ■ 800/594 -4003 ■ Fax 574/234 -4119 208 West Mars . Berrien Springs, MI 49103 office 269/471 -3010 ■ Fax 269/471 -7237 PETITION FOR A COMBINED HEARING CitEof South Bendd, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance to grant a Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s): 1) The subject property is located at: 3529 and 3527 Western Avenue, South Bend, Indiana 46619 2) The property Tax Key Number(s) is /are: Key # 1: 18 -4068 -2518 Key# 2: 18- 4068 - 251801 3) Name and address of property owner(s) of the petition site: Parwinder Kaur & Singh Harjinder Barbara Dockery 3529 Western Avenue 3527 Western Avenue South Bend Indiana 46619 South Bend, Indiana 46619 574- 234 -7870 574- 287 -0108 E -Mail Address N/A E -Mail Address N/A 4) Name and address of contingent purchaser(s), if applicable: Parwinder Kaur & Singh Harjinder 3529 Western Avenue South Bend, Indiana 46619 574- 234 -7870 E -Mail Address N/A 5) It is desired and requested that this property be rezoned: From: MU Mixed Use District To: LB Local Business District 6) This rezoning is requested to allow the following use(s): Convenience Store with a Gasoline Service Station facility. 7) If applicable, a detailed description and the purpose of the variance(s) being requested: The Petitioners, Parwinder Kaur & Singh Harjinder have been the owners of the real estate at 3529 Western Ave. for the past few years as shown in the records of the Auditor's office. They desire to expand the services they can supply to their patrons at this location. They have been working with their neighbor, Barbara Dockery of 3527 Western Ave., owner of the property to the east of the existing Convenience store, to purchase her property and add a Gasoline Service Station facility. Based on discussions with the Building Department and Area Plan Commission staffs, in order to add the gasoline pumps, the properties would be required to be Rezoned, a Special Use would be required to be approved for the pumps and several Variances would be needed to layout the property as shown on the attached site plan. The Convenience store has been in operation for the past several years and the site has been the home to a retail establishment of varying types for the past several decades. The addition of the gasoline pumps as noted requires a Rezoning, Special Use and Variances. Once the Rezoning is initiated, the properties included are required to be brought up to all the developmental standards of the zoning district being requested. In this particular situation, the Rezoning necessitates that several Variances be approved as well. Shown below are the Variances being requested for the property: 2 1). A Variance from the requirement of providing perimeter trees at a minimum rate of one (1) over -story deciduous tree every forty (40) feet to providing a minimum of two trees (2) in the parkway of Kenmore on the west side of the site and one (1) tree along the north property line as shown. The petitioners are asking for approval of this Variance as the property is located in the urban core area of the City with limited area. The Petitioners would add two trees in the parkway area of Kenmore Street in an area presently used for parking. That pavement would be removed and landscaping will be added to soften the western facade of the building, which is also the main entrance. Trees cannot be placed along Western Avenue as the City has recently placed new street lighting in the grass parkway along with the electric line running in the grass area. One tree would also be placed along the north property line away from the existing overhead utility lines running along the alley. The property to the east is a combination home and business which appears to have been vacant for quite some time. The owners do not believe approval of this Variance would be detrimental to any surrounding property. 2). A Variance from the requirement of providing a minimum of a 6 ft. wide landscape planting area along the Western Avenue facade of the existing building to no landscaping and to a minimum of 10 shrubs along the Kenmore Street facade as shown. The Petitioners would state that the Western Avenue frontage has not changed in the last few years and the owners had placed a concrete sidewalk along that frontage. The building does have an entrance to that street that presently is not being used. They would ask to not be required to ripe up the concrete to place a few shrubs along that building front. The petitioners would state that their focus is to remove the existing parking and pavement on the west side of the building that has been used by patrons for the past several years. This parking encroaches into the right -of -way for Kenmore Street. The Petitioners believe removing the pavement and replacing the walk and adding shrubs along the west side of the building meets the intent of the landscape Ordinance for the City. The Petitioners believe approval of this Variance would not adversely affect any surrounding property. - 3). A Variance from the requirement of providing Type "B" Residential Bufferyard screening along the north and east property lines to providing a minimum 6 ft. high landscape screening fence along said property lines to the required 10 ft. sight triangle at northwest corner of site and 10 ft. sight triangle at southeast corner of site as shown. The Petitioners would state that presently the existing paved area behind the building is not screened from the properties to the north or to the east of the petition site. The requirement of a 20 ft. wide residential bufferyard is quite extreme for smaller properties in the urban core areas of the City. The Petitioners are asking to be able to use a screening fence along both the north and east property lines of the site. This provides a solution to the screening of the proposed parking and gas pump areas without the requirement of using an overly large portion of the site. The Petitioners are trying to locate improvements on their site and meet the intent of the Ordinances to screenibuffer the uses from the adjacent properties. They believe approval of this Variance will not have a negative affect on adjacent properties. 4). A Variance to allow parking spaces, pavement and a dumpster and dumpster enclosure to be placed in the 20 foot wide Residential Bufferyard along the north property line and east property line to a minimum of I ft. along the north property line and to a minimum of 211. along the east property line as shown. The Petitioners are asking to encroach into the Residential Bufferyard along both the north and east property lines. This is to allow the placement of parking spaces along the north line and for a dumpster enclosure at the northeast portion of the site. This will allow for the Petitioners to remove the existing parking spaces along Kenmore Street out of the right -of -way and to organize the spaces at the only viable area on the site. This will also allow a location for a trash dumpster that will be placed at a location for easy access for a truck to enter the site, empty the trash and leave the site without unnecessary maneuvering. The Petitioners believe the approval will allow for the site to be used more efficiently than it is used today. The approval of this Variance should not have an adverse impact on surrounding properties. 5). A Variance from the requirement of providing a minimum 24 ft. aisleway in the shown north parking area to a minimum of 22 ft. The Petitioners are requesting to be able to have a smaller than required aisleway for their proposed Parking area. They want to replace the existing parking on Kenmore Street to an on -site location. The best place for the new parking is north of the existing building. Based on the location of the building, there is a limited area for parking spaces and the aisleway. The Petitioners are balancing the maneuvering area and the size of the spaces. The 22 ft. aisle is adequate for the small amount of car parking provided. At this Convenience store, a large portion of patrons using the store walk from their homes from the surrounding neighborhood. The Petitioners do not believe approval of this Variance will adversely affect the surrounding properties. 6). A Variance from the requirement of providing a minimum 20 ft. in length parking spaces to a minimum of 19 ft. as shown in the north parking area. The Petitioners are requesting the ability to reduce the length of their parking spaces from the Minimum required 20 ft. length to 19 ft. As mentioned in the previous Variance request, the site is limited in the amount of area for spaces. The Petitioners believe they have balanced the space by having parking spaces at 19 ft. and the aisleway at 22 ft. This is similar to other small parking lots used in the City with limited property. This request is to remove the existing parking spaces that are presently in the right -of -way of Kenmore Street. The Petitioners believe the small parking lot will work with the amount of traffic that is typical of this Convenience store. The Petitioners do not believe approval of this Variance will have a negative impact on adjacent properties. 7). A Variance to allow a Canopy over the gasoline pumps to encroach a maximum of 13 ft. into the 20 ft. wide Residential Bufferyard along the east property line and to a maximum of 15 ft. into the 30 ft. Front yard Building Setback along Western Avenue as shown. The Petitioners are requesting a Variance to encroach into the Residential Bufferyard along the east property line and to a maximum of 15 ft. into the 30 ft. Front yard Building Setback along Western Avenue as shown. The Ordinance does not require a Residential Bufferyard for properties with a MU Mixed Use zoning classification. The adjacent property has that MU classification. The gray area in the Ordinance is that if an adjacent property has a residential use, the Bufferyard is required. The adjacent property has a residential home in the rear attached to a store front. The Petitioners decided to take the conservative approach and request the Variance to allow the Canopy over the gas pumps to encroach into the perceived Residential Bufferyard. The Canopy would encroach 15 ft. into the 30 ft. Front yard setback along Western Avenue. This would still place the Canopy behind the front faeade of the existing building. The Petitioners do not believe that this encroachment for the Canopy would have an adverse impact on the adjacent property that contains a home with a retail store or along the streetscape of Western Avenue. 8). A Variance from the requirement of providing a minimum of a 10 ft. wide drive -thru lane and 12 ft. wide bailout lane for the proposed Gasoline Service Station facility to providing a minimum of 9 ft. wide drive -thru and bailout lanes as shown. The Petitioners are asking to be allowed to reduce the width of drive lanes defined in the Ordinance as "drive -thru lanes" and "bail out lanes ". Again, a gray area exists in the Ordinance as it relates to access and vehicle parking at gasoline pumps. The Petitioners decided to ask for a reduction in the size of the lanes, in case that it may be interpreted that gasoline pumps fall in the same category as drive -thru and bail out lanes for fast -food restaurants and banks. The paved area around the proposed gas pumps will be large enough to allow cars to be at the pumps and still leave room for a "bail out" lane around the pump islands. The gas pumps are not the primary use at this Convenience store but only an added service being provided to patrons. The Petitioners do not believe approval of this Variance would negatively impact surrounding properties. 9). A Variance from the minimum 15 ft. parking setback along Kenmore Street to a minimum of 6 ft. for proposed parking spaces as shown. This Variance request is to allow for the present parking areas as mentioned above to be relocated from the Kenmore Street right -of -way and placed on -site. As shown the parking spaces along Kenmore Street will be screened by low shrubs. This is an improvement over the existing paved area that exists today along Kenmore Street. This Variance will allow for the required number of parking spaces on -site for the Convenience store and Gas Dispensing facility as stated in the City Ordinances. The Petitioners do not believe approval of this Variance would have an adverse affect on any surrounding property. 10). A Variance from the minimum 30 ft. Front yard Building Setback along Western Avenue to a minimum of 9 ft. and from the minimum 30 ft. Front yard Building Setback along Kenmore Street to a minimum of 8 ft. for an existing building. The Petitioners would ask for approval to be allowed to have the existing building remain in the present location which encroaches into the front yard building setback area along both Western Avenue by 21 ft. and encroaches into the front yard building setback area along Kenmore Street by 22 ft. The building has existed as shown for the past several decades and the Petitioners believe approval of this Variance will not be detrimental to any adjacent property. 11). A Variance from the requirement of providing foundation landscaping on three sides of the dumpster enclosure to no additional screening as shown. The Petitioners would state that presently the dumpster as had no enclosure for the past several years. They would ask the Commission Members to agree that providing the shown enclosure along with the additional fencing along the north and south property lines would be sufficient screening for the dumpster. The Petitioners do not believe approval of this Variance would have an adverse impact on any surrounding property. 8) A statement on how each of the following standards for the granting of variances is met: The Petitioners would state that their property is located in the urban core on a corner parcel that has been used for retail purposes for the past few decades. The Petitioners desire to add gas pumps to their facility as a convenience for their patrons. The proposed gas pumps are not the primary use of the site. The gas pumps will be a secondary use. The requested number of Variances, reflect a situation that exists for retail uses that are located in older neighborhoods. The building has existed for decades and pre -dates revised zoning ordinance developmental standards. The customer that uses this type of retail establishment is just as likely to be a walk -in patron as one that uses a car. The Petitioners would state that the approval of the above requested Variances will not be injurious to the public health, safety, morals and general welfare of the community. As envisioned the proposed improvements will place parking, screening, landscaping on -site where none presently exists. This will increase the public health, safety, morals and general welfare of the community. The Petitioners would also state that the use and value of the area adjacent to the property included in the Variances will not be affected in a substantially adverse manner. The site as proposed will provide more screening, landscaping and on -site parking than has existed before. The proposed improvements will remove existing parking and pavement that is located in the Kenmore Street right -of -way. The proposed improvements should help to stabilize values for neighborhood properties adjacent to the site. The Petitioners would state that the strict application of the terms of this Ordinance would result in practical difficulties in the use of the property. The strict enforcement of the Ordinance would make any proposed improvements almost impossible and create a situation where owners could do little to add value to their properties and provide additional services for the patrons using their establishments. 9). If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. The Petitioners have supplied a site plan to help show the proposed improvements and reflect the Requested Variances and Special Exception. 10) If applicable, a detailed description and purpose of the Special Exception(s) being requested: The Petitioners are requesting approval of a Special Exception Use as allowed under Section 21 -03.04 comfort, community moral standards, convenience or general welfare. The proposed Gasoline Service Station facility should be an added convenience for patrons using the facility. The proposed use has also been used at other establishments in the neighborhood without a negative impact for surrounding properties or the community at large. The Petitioners would state that the proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed Gasoline Service Station facility is small in size and tits with the existing Convenience store. The gas pumps are secondary to the primary use of the property which are items sold in the Convenience store. With the proposed screening and landscaping, values on adjacent properties should not be adversely affected. The Petitioners would state that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. Along this portion of Western Avenue, there are similar uses as to the one being requested. The combination ofthe existing Convenience store with the addition of the gas pumps is in keeping in character with of the district and the surrounding neighborhood. This proposed use will blend with the mixture of retail uses in the Western Avenue corridor. The Petitioners would state that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan, The City Comprehensive plan shows that this portion of Western Avenue is appropriate for Commercial (Office & Retail) along with medium density residential development. The proposed combination Convenience store with gas pumps would fit with those types of mixed uses. 12) In the case of a Special Exception, the petitioner shall be held to the representations'made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached, and made a pan of this PETITION, is: (a) a copy of a legal description of the property; (b) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (c) 17 site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. Signature(s) of'A11 Property owner(s), or signature of Attorney for all property owner(s): th M. p i Attorney for the Property Owners 52582 U.S. 933 North South Bend Indiana 46635 574. 277 -8720 PETITION PREPARED BY & CONTACT PERSON: Name: Danch, Harper & Assoctares, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 574 - 234 -4003 mdanchOdanchha,r, ,)er. Com ZO 39Vd HONVC[ 1 6TTbbCZbLS Z041T CTOZ/ZO /b0 John Trotter / Western Ave Land Trust 3609 Western Ave South Bend, IN. 46619 Tax Key # 018 4068 2516 Will J Brown 1918 E Donald South Bend, IN. 46613 Tax Key # 018 4068 250803 Melveina Foltz & Barbara Geisleman 411 S Kenmore South Bend, IN. 46619 Tax Key # 018 4076 2766 Juan Cervera & Rosalina Ma 2909 Western Ave South Bend, IN. 46619 Tax Key # 018 4062 2318 Wendell & Kathy Johnson 305 S Falcon South Bend, IN. 46619 Tax Key # 018 4062 2313 Episcopal Church Layman Chapel Christian Methodist 303 S Kenmore South Bend, IN. 46619 Tax Kav # nip 4nAR 9.512n1 Anthony Adamo PO Box 611 South Bend, IN. 46624 Tax Key # 018 4076 2771 Sharon Palmer 415 S Kenmore South Bend, IN. 46619 Tax Key # 018 4076 2768 Property Owners Within 300 Feet Nader Kanan 3601 Western Ave South Bend, IN. 46619 Tax Key # 018 4068 2517 Wendell & Kathy Johnson 305 S Falcon South Bend, IN. 46619 Tax Key # 018 4062 2315 John Adamo Living Trust PO Box 611 South Bend, IN. 46624 Tax Key # 018.4076 2767 Benita Owens / Estate for Annie Owens 322 Kenmore St South Bend, IN. 46619 Tay Kav it n 1 4nRR 95nAni Reina Matute 314 S Falcon South Bend, IN. 46619 Tax Key # 018 4062 2314 Dorothy Broughto / Ann Marie Warner 314 S Wellington South Bend, IN. 46619 Tax Key # 018 4068 2508 George Swizek & Geraldine Sniadecki 421 S Falcon South Bend, IN. 46619 Tax Key # 018 4070 2582 Leopoldo & Effie Gonzalez 734 S Lake South Bend, IN. 46619 Tax Key # 018 4070 2579 Lorene Lee 302 S Falcon South. Bend, IN. 46619 Tax Key # 018 4068 2310 Genevieve Bucher 412 Wellington South Bend, IN. 46619 Tax Key # 018 4078 2827 Dolores Malone 413 S Falcon South Bend, IN. 46619 Tax Key # 018 4070 2576 Timothy Bond & Michelle Milton Bond 318 S Wellington South Bend, IN. 46619 Tax Key # 018 4068 250801 Edmond Henry 6451 Erie Falls Dr. South Bend, IN. 46614 Tax Key # 018 4062 2317 Wendell & Kathy Johnson 305 S Falcon South Bend, IN. 46619 Tax Key # 018 4062 2309 Anthony Adamo PO Box 611 South Bend, IN. 46624 Tax Key # 018 4076 2769 Annie Owens 322 S Kenmore South Bend, IN. 46619 Tax Key # 018 4068 2514 Mandeep Singh Mandeep Singh PO Box 3522 PO Box 3522 Mandeep Singh South Bend, IN. 46619 South Bend, IN. 46619 PO Box 3522 Tax Key # 018 4076 2765 Tax Key # 018 4076 2768 South Bend, IN. 46619 Tax Key # 018 4076 2769 Virk Mart Inc Uhaul Real Estate Company Rank Properties LLC / Tim Rankert 3901 W Dunes Hwy PO Box 29046 19 Dr D 56826 Wild Heather Michigan City, IN. 46360 Phoenix, AZ. 85038 South Bend, IN. her D Tax Key # 018 4062 2322 Tax Key # 018 4070 2570 Tax Key # 018 4078 Alan & Jean Neblung Alan & Jean Neblung Mandeep Singh 3614 Western 3614 Western Ma Box 3522 in South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 4078 2824 Tax Key # 018 4076 2760 South Bend, IN. 46619 Tax Key # 018 4076 2761 Mandeep Singh Nader Kanan ar arwinder Kaur & Harjinder Singh PO Box 3522 3601 Western Ave P PWestern Ave South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 4076 2762 Tax Key # 018 4068 251701 South Bend, IN. 46619 Tax Key # 018 4068 2518 Barbara Dockery Lupo House Vu Dong 3527 Western Ave 52606 Highland Dr South Bend, IN. 46619 South Bend, IN. 46635 18769 Pudding Ln Tax Key # 018 4068 251801 Tax Key # 018 4068 251802 South Bend, IN. 46614 Tax Key # 018 4062 2319 Vu Dong Wendell & Kathy Johnson Reina Matute 3501 Western Ave 305 S Falcon Rei a Falcon South Bend, IN. 46619 South Bend, IN. 46619 314 Tax Key # 018 4062 2320 Tax Key # 018 4062 2311 South Bend, IN. 46619 Tax Key # 018 4062 2312 Nathaniel Jackson & Willie Bee Benita Owens 323 S Kenmore 321 Kenmore Juana Vazquez South Bend, IN. 46619 South Bend, IN. 46619 322 Falcon Tax Key # 018 4068 2510 Tax Key # 018 4068 251001 South Bend, IN. 46601 Tax Key # 018 4062 2316 Christian Methodist Episcopal 303 S Kenmore Lorena Vargas & Joel Gonzales Episcopal Church Lay Chapel South Bend, IN. 46619 226 Kenmore South Bend, IN. 46619 Christian Methodist Tax Key # 018 4068 2512 Tax Key # 018 4117 4454 303 S Kenmore South Bend, IN. 46619 Tax Kav it niR 4nr,,g 9511 Mandeep Singh Layman Chapel Christian Methodist PO Box 3522 Episcopal Church South Bend, IN. 46619 303 S Kenmore St Tax Key # 018 4070 2567 South Bend, IN. 46619 Tax KPV * niR 4nRR 9jin9n1 I i JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 -9571 e Wednesday, May 22, 2013 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A combined hearing on a proposed ordinance of Parwinder Kaur, Singh Harjinder and Barbara Dockery to zone from MU Mixed Use District to LB Local Business District, and seeking a Special Exception Use to allow a gasoline service station property located at 3527 and 3529 Western Avenue, City of South Bend - APC# 2670 -13. Dear Council Members: I hereby Certify that the above referenced ordinance of Parwinder Kaur, Singh Harjinder & Barbara Dockery was legally advertised on Thursday, May 09, 2013 and that the Area Plan Commission at its public hearing on Tuesday, May 21, 2013 took the following action: Upon a motion by John McNamara, being seconded by Phil Sutton and unanimously carried, the proposed ordinance of Parwinder Kaur, Singh Harjinder and Barbara Dockery to zone from MU Mixed Use District to LB Local Business District, property located at 3527 and 3529 Western Avenue, City of South Bend, is sent to the Common Council with a favorable recommendation. Western Avenue is a major east/west traffic corridor, with a wide variety of well established business and commercial uses in the immediate vicinity. The expansion of this site will provide additional neighborhood services and upgrade Kenmore Street with safer traffic control and pedestrian access. Upon a motion by John McNamara, being seconded by Daniel Brewer and unanimously tamed, a Special Exception Use to allow a gasoline service station property located at 3527 and 3529 Western Avenue, City of South Bend, is sent to the Common Council with a favorable recommendation. The Special Exception Use meets the standards of approval in that new curbing and sidewalks will support public safety; the expansion of an existing business should not affect the adjacent property values; the general character of Western Avenue is a commercial corridor with a mix of business and commercial uses; and that City Plan objectives are being met in providing a range of mixed uses. 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, Qn W. B Y orni Attachment CC Parwinder Kaur & Singh Harjinder Barbara Dockery Attorney Anthony Zappia SERMEhS'R P&1 %S�Wtia_%SSOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND v-. stjosephcou ntyi ndia na. corn/Areap Ian Staff Report 5/9/2013 APC # 2670 -13 Owner: Parwinder Kaur & Singh Harjinder Location: 3527 and 3529 Western Avenue Jurisdiction: City of South Bend Public Hearing Date: 5/21/2013 Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to LB Local Business District; a Special Exception Use to allow a gasoline service station; and eleven variances. Land Uses and Zoning: On site: On site is an existing convenience store and a single family home. North: To the north, across the alley, are single family homes and a church zoned SF2 Single Family and Two Family District. East: To the east is a vacant house with a business front zoned MU Mixed Use District. South: To the south, across Western Avenue is a parking lot zoned LB Local Business District. To the southwest is a vacant commercial business zoned MU Mixed Use District. West: To the west is a convenience store zoned LB Local Business District. District Uses and Development Standards: The LB Local Business 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 total area of the two lots is approximately 1/4 of an acre. There is an existing 1,733 square foot convenience store building covering 17% of the site. Gasoline pumps and nine parking spaces are proposed. Foundation landscaping is proposed for the west side of the building. There will also be two street trees along Kenmore, with approval from the City Forester, and evergreen screening around the dumpster. Paving will cover 73% of the site. Zoning and Land Use History And Trends: The property at the northeast corner of Western and Wellington, approximately one block to the west, was rezoned to CB Community Business District for automotive related uses in 2010. Prior to the map change in 2004 the north side of Western Avenue, from Chicago to Meade, was all zoned C Commercial. APC # 2670 -13 Page 1 of 4 Staff Report Traffic and Transportation Considerations: Western Avenue has four lanes. Kenmore Street has two lanes. Utilities: The property is currently served by public water and public sewer. Agency Comments: The City Engineer has no comments. We have not received comments from the Department of Community Investment. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: 5/9/2013 City Plan, South Bend Comprehensive Plan (November 2006) Objective LU 1: Plan for the future of the community's districts, neighborhoods, and corridors. Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on 'the Future Land Use Map. Objective LU 2.4: Provide buffer spaces between non - compatible uses. Land Use Plan: The Future Land Use Map identifies the areas along Western Avenue as Commercial and Mixed Use. Plan Implementation /Other Plans: Western Avenue Commercial Corridor Revitalization Action Plan (June 1999). The Market Development objectives include attracting developers, merchants, and small business owners, and encouraging new development. A Vision Plan for the Commercial Corridor of The Western Avenue of South Bend, Indiana (February 2003). Items in the Mission Statement include, improve the business climate and improve the appearance of property and infrastructure on Western Avenue. 2. Current Conditions and Character: Western Avenue is a busy and traditional commercial corridor. Changing business patterns have negatively affected the properties, but new businesses are making an effort to locate within the corridor. 3. Most Desirable Use: The most desirable use along this commercial corridor is a commercial use. 4. Conservation of Property Values: The expansion of an existing business, when properly buffered, should have a minimal effect on surrounding property values. APC # 2670 -13 Page 2 of 4 Staff Report 5. Responsible Development And Growth: 5/9/2013 It is responsible development and growth to allow for a variety of adaptive reuses along a commercial corridor. Staff Comments: This is a combined public hearing procedure, which includes a rezoning, a Special Exception Use, and a number of variances from the development standards. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation and either approve or deny the variances. The rezoning is from MU Mixed Use to LB Local Business District. The Special Exception Use is for a gasoline service station. The petitioner is also requesting the following 11 variances: 1) from the requirement of providing perimeter trees at a minimum rate of one over -story deciduous tree every 40 feet to providing a minimum of two trees in the parkway of Kenmore on the west side of the site and one tree along the north property line; 2) from the requirement of providing a minimum of a six foot wide landscape planting area along the Western Avenue fagade of the existing building to no landscaping and to a minimum of ten shrubs along the Kenmore Street; 3) from the requirement of providing Type `B" residential buffer yard screening along the north and east property lines to providing a minimum six foot high landscape screening fence along said property lines to the required ten foot sight triangle at the northwest comer of the site and ten foot sight triangle at the southeast corner of the site; 4) to allow parking spaces, pavement and a dumpster and dumpster enclosure to be placed in the twenty foot wide Residential Buffer yard along the north property line and east property line to a minimum of one foot along the north property line and to a minimum of two foot along the east property line as show; 5) from the requirement of providing a minimum of 24 foot aisle way in the shown north parking area to a minimum of 22 feet; 6) from the requirement of providing a minimum 20 foot in length of their parking spaces to 19 foot; 7) to allow a canopy over the gasoline pumps to encroach a maximum of 13 feet into the 20 foot wide residential buffer yard along the east property line and to a maximum of 15 feet into the 30 foot front yard building setback along Western Avenue; 8) from the requirement of providing a minimum of a ten foot wide drive -thru lane and 12 foot wide bailout lane for the proposed gasoline dispensing facility to providing a minimum of nine foot wide drive thru- and bailout lanes; 9) from the minimum 15 foot parking setback along Kenmore Street to a minimum of six foot for proposed parking spaces; 10) from the minimum 30 foot front yard setback along Western Avenue to a minimum of nine feet and from the minimum of 30 foot front yard building setback along Kenmore Street to a minimum of eight feet for an existing building; and 11) from the requirement of providing foundation landscaping on three sides of the dumpster enclosure to screening as shown. State statues and the South Bend Zoning Ordinance require that certain standards must be APC # 2670 -13 Page 3 of 4 Staff Report 5/9/2013 met before a variance or Special Exception Use can be approved. These standards are attached and made part of the staff report. This site was previously proposed for the same use in September 2012. It was sent by the Area Plan Commission with a favorable recommendation to the Common Council. The petitioner withdrew the petition after the Common Council public hearing. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. Based on information available prior to the public hearing, the staff recommends that the Special Exception Use be sent to the Common Council with a favorable recommendation. The staff recommends approval of all variances as presented. Analysis: Western Avenue is a major east /west traffic corridor, with a wide variety of well established business and commercial uses in the immediate vicinity. The expansion of this site will provide additional neighborhood services and upgrade Kenmore Street with safer traffic control and pedestrian access. In the staffs opinion, because of the positive redevelopment of this site and its existing configuration, the variances meet the standards for approval. In addition, the Special Exception Use meets the standards of approval in that new curbing and sidewalks will support public safety; the expansion of an existing business should not affect the adjacent property values; the general character of Western Avenue is a commercial corridor with a mix of business and commercial uses; and that City Plan objectives are being met in providing a range of mixed uses. APC # 2670 -13 Page 4 of 4 Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (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; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. S_ pecial Exception / Special Use A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3529 and 3527 WESTERN AVENUE, SOUTH BEND, INDIANA, 46619, COUNCILMANIC DISTRICT N0. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM MU MIXED USE TO LB LOCAL BUSINESS DISTRICT TO OPERATE A CONVENIENCE STORE AND ALSO REQUEST APPROVAL OF SPECIAL EXCEPTION TO ADD A GASOLINE SERVICE STATION FACILITY WITHIN THE LB LOCAL BUSINESS DISTRICT CLASSIFICATION. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as 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: THAT PART OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS- THE WEST 86 FEET OF LOT NUMBERED 1071 IN THE PLAT OF "LA SALLE PARK" AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.24 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as LB Local Business District. SECTION II. That a Special Exception for Gasoline Service Station facility in a LB Local Business zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. 2 SECTION III. 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 , 20 , at o'clock M. City Clerk Approved and signed by me on the day of 20 , at o'clock m. Mayor of the City of South Bend, Indiana 1 st READING PUBLIC HEiiRING 3 rd READING NOT APPROVED REFERRED PASSED f l R ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5661 F.J. NIMTZ PARKWAY AND THE VACANT PROPERTY EAST OF AND ADJACENT TO AND WEST OF AND ADJACENT TO 5661 F.J. NIMTZ PARKWAY, COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Zoning is currently "LI" Light Industrial. A change in the zoning classification to "O" Office District will allow for greater development opportunities and is compatible with surrounding zoning classifications. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, shall be and the same hereby is amended to provide that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Blackthorn Corporate Park, Park Minor Sub # 7 Lots 6, 7, and 8 be and the same is hereby established as "O" Office District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and publication according to law. Attest: City Clerk Member of the Common Councly NTr f.c ..•:7 rf�.l r y ��TaS. pJ''i' rE iN t �i t �t'nT and :1V. l �,a � �� tlo.a fwwyCw Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20 , at o'clock .m. City Clerk Approved and signed by me on the day of , 20 , at o'clock .m. Mayor of the City of South Bend, Indiana Filed in Clerks off-jc.c 13 C17Y CLEEM, SEND, IN 1 sd READING .J PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED PETITION TO REZONE Gbt of South 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: 5661 F.J. Nimtz Parkway and the vacant property east of and adjacent to and west of and adjacent to 5661 F.J. Nimtz Parkway, South Bend, Indiana 2) The property Tax Key Number(s) is /are: 025 -1018- 062208, 025- 1018- 062209, and 025 -1018- 062210 3) Name and address of property owner(s) of the petition site: South Bend Redevelopment Authority 1400 County City Building South Bend, IN 46601 Ph: 574- 235 -9371 4) Name and address of contingent purchaser(s), if applicable: Not applicable 5) It is desired and requested that this property be rezoned: From: "LI" Light Industrial To: "O" Office District 6) This rezoning is requested to allow the following use(s): General office and medical office 7) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property; (b) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: Scott Ford — Director of Community Investment 227 W. Jefferson 1400 County-City Building South Bend, IN 46601 574- 235 -9371 Sford @southbendin.gov CONTACT PERSON: (If different) Same as above Signature(s) of All Property owner(s), or signature of Attorney for all property owner(s): Flied xVi{ J !`'i'9 CLS'is�, Est IN LEGAL DESCRIPTION Lot Numbered Six (6) as shown on the recorded Plat of Blackthorn Corporate Office Park Minor Subdivision V, recorded July 13, 1998 as Document Number 9836274 in the Office of the Recorder of St. Joseph County, Indiana. Lot Numbered Seven (7) as shown on the recorded Plat of Blackthorn Corporate Office Park Minor Subdivision #7, recorded July 13, 1998 as Document Number 9836274 in the Office of the Recorder of St. Joseph County, Indiana. Lot Numbered Eight (8) as shown on the recorded Plat of Blackthorn Corporate Office Park Minor Subdivision V, recorded July 13, 1998 as Document Number 9836274 in the Office of the Recorder of St. Joseph County, Indiana. Filed Ao Office MAY C QL4144 4 nk 0014 IN ITY '. V,�- �" � PRELIMINARY SITE PLAN REQUIREMENTS City of South Bend, Indiana Tabulated (listed) Data (Afore: data noted are for u/ustrative pu poses only) 1. Land Coverage: LAND COVERAGE AREA % OF TOTAL AREA Total: 17.67 acres 769.705 sf 100% 2. Proposed land uses R floor area (e.g. bank, retail shopping center, office, pizza parlor, apartments) N/A 3. Parking ratios per use as required by ordinance and number of spaces to be provided. N/A 4. Sewer and water facilities N/A 5. Name of engineer, surveyor and landscape architect. N/A Mapped Information (drawn to scale) 1. North arrow, written and graphic scale, date. 2. Location of buildings and uses. 3. Boundaries of property with dimensions. 4. Location of buildings, uses and easements. 5. Location and composition of open spaces, landscape planting areas and buffer strips. 6. Location of parking and loading areas, entry and exit drives. 7. Abutting public and private streets. 8. Building and parking setbacks. 9. Location, height, size and type of sign(s). 10. Topography and other natural features. 11. Sanitary, storm sewer, and public water connections; or, private well and septic system locations. NOTE: additional information may be required during the review process so that the Commission can make an informed decision. Rhad ..; `r*, e Office ' n�...,..,T11...,r.�. -' MAT, 2 N4 i cny Oak, 00LOW OU196, IN � PROPERTY OWNERS 025 -1018- 062207 Crescent circle at Blackthorn, LP 188 N. Euclid Avenue, Second Floor Upland, CA 91786 025- 1018- 062206 Crescent Michiana Properties, LLC Attn: Thomas C. Panzica 416 E. Monroe, Suite 320 South Bend, IN 46601 025- 1018- 062205 Career Academy of South Bend, Inc. 3801 Crescent Circle South Bend, IN 46628 025 -1018- 062422 South Bend Redevelopment Authority 1200 County City Building. South Bend, IN 46601 025 -1018- 062423 South Bend Redevelopment Authority 1200 County City Building South Bend, IN 46601 025- 1018- 062406 South Bend Redevelopment Authority 1200 County City Building South Bend, IN 46601 025- 1018- 062401 South Bend Redevelopment Authority 1200 County City Building South Bend, IN 46601 025 -1018- 062410 South Bend Redevelopment Authority 1200 County City Building South Bend, IN 46601 025 -1018- 062424 GKD Properties, LLC 55615 Whipporwill Court South Bend, IN 46619 025 -1018 -0628 St. Joseph County Airport Authority District 4535 Lincolnway West South Bend, IN 46628 025- 1018 - 062808 St. Joseph County Airport Authority District 4535 Lincolnway West South Bend, IN 46628 FlIeW Frio CITY O ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR APPROXIMATELY 85 ACRES LOCATED AT THE SOUTHEAST CORNER OF SAMPLE STREET AND PRAIRIE AVENUE, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the rezoning of approximately 85 acres located in the City of South Bend, Portage Township, St. Joseph County, Indiana, has been filed by the City of South Bend by its Redevelopment Commission and Data Realty Northern Indiana LLC to rezone from GI — General Industrial District and Ignition Park PUD to PUD Planned Unit Development to provide for a mixed -use PUD District to be known as "Ignition Park PUD" which is compatible. with the surrounding zoning classifications.. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, shall be and the same hereby is amended to provide that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: That part of the Northeast Quarter of Section 14 and the Northwest Quarter of Section 13, both in Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Beginning at the intersection of the Centerline of Prairie Avenue with the Centerline of Sample Street; thence East along said Centerline of Sample Street and the North line of said Northwest and Northeast Quarter Sections a distance of 2,159.25 feet more or less to a point of intersection of the Centerline of Sample Street with the Centerline of Lafayette Boulevard; thence South along said Centerline a distance of 599.75 feet more or less to the Centerline of Garst Street; thence West along said Centerline a distance of 410.25 feet more or less to the Centerline of Franklin Street; thence South along said Centerline a distance of 687.32 feet more or less to the South line of Stull Street and the North line of Lot # 2 of the Plat of "Transpo Minor Subdivision" recorded by Document No. 0918833 in the records of the St. Joseph County, Indiana Recorder's Office; thence along the North line of said Lot # 29 S. 89 °- 21' -27" W. a distance of 400.84 feet more or less to the Northwest corner of said Lot # 2; thence S. 00 °- 19' -00" E. along the West line of said Lot # 2 and its Southerly extension a distance of 1,020.34 feet more or less to the South line of a 30 -foot wide Right -of -way for the Penn Central Railroad formerly known as the Terre Haute & Logansport Railroad and as shown on said "Transpo Minor Subdivision" Plat; thence Northwesterly and Westerly along said South line a distance of 840.05 feet to a point of intersection with the West line of Ignition Drive South extended South; thence N. 000- 26' -45" W. along said Southerly extension and the West line of said Ignition Drive South a distance of 402.97 feet more or less to a point; thence continuing along said Westerly line around a 342.00 foot radius curve to the right having an arc length of 162.04 foot and a chord bearing of and N. 130- 07' -39" E. and a chord length of 160.53 feet to the point of intersection with the Southerly line of Ignition Circle; thence along said Southerly line around a 401.00 foot radius curve to the right having an arc length of 166.10 foot and a chord bearing of and N. 40 °- 03' -01" W. and a chord length of 164.92 feet to the point of intersection with the Southerly right -of -way line of Cotter Street; thence along said Southerly line for the next two (2) courses, S. 67 °- 49' -42" W. a distance of 38.00 feet and around a 342.00 foot radius curve to the right having an arc distance of 107.49 foot and a chord bearing of and S. 76 °- 49' -56" W. and a chord length of 107.05 feet to the point of intersection with the East right-of-way line of Kendall Street; thence N. 89°- 45'-35" W. a distance of 25.00 feet more or less to the Centerline of said Kendall Street; thence N. 00°- 26'-45" W. along said Centerline a distance of 42.0 feet more or less to the point of intersection with the Centerline of Cotter Street; thence N. 89 °- 45' -35 W. along the Centerline of Cotter Street a distance of 883.13 feet more or less to the Centerline of Prairie Avenue; thence along the Centerline of Prairie Avenue for the next Two (2) Courses, N. 28°- 18' -01" E. a distance of 1,230.0 feet more or less and N. 00 °- 03' -53" W. a distance of 463.0 feet more or less to the point of beginning. Containing 85.07 Acres more or less. Subject to all legal highways, easements and restrictions of record. be and the same is hereby established as a PUD Planned Unit Development to be known as the "Ignition Park PUD to be regulated according to the "Ignition Park PUD Zoning Ordinance" attached hereto as Exhibit "A" and incorporated herein by this reference. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and publication according to law. Attest: City Clerk 00AAA- Member of the Common C uncil �ne • n ,y ,� s COWIGH ac oil oil �iif$iswo, Presented . by me to the Mayor of the City of South Bend, Indiana on the day of , 20 , at o'clock m. City Clerk Approved and signed by me on the .m. 1 st READING S'— (} _ ( 3 PUBLIC HEARING 3 rd READING NOT APPROVJED REFERRED PASSED day of , 20 , at o'clock Mayor of the City of South Bend, Indiana Filed in OeW,: , FAY CaVOLM IN PETITION TO REZONE City of South Bend, Indiana I (we) the undersigned make application to the South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 85 acres southeast of Sample Street and Prairie Avenue. See attached sheet for addresses. 2) The property Tax Key Number(s) is /are: . See attached sheet for tax key numbers. 3) Name and address of property owner(s) of the petition site: City of South Bend South Bend Redevelopment Commission 227 W. Jefferson Boulevard, Suite 1400 S South Bend, IN 46601 (574) 235 -9371 sfordAsouth bendin.gov 4) Name and address of contingent purchaser(s), if applicable: Not applicable. 5) It is desired and requested that this property be rezoned: Data Realty Northern Indiana LLC — 2 ;4t," F. Ca�l�oti 1440 Ignition Drive South South Bend, IN 46601 (855) 525 -3282 From: GI — General Industrial; PUD — Ignition Park Planned Unit Development To: PUD— Planned Unit Development (to be known as "Ignition Park PUD ") 6) This rezoning is requested to allow the following use(s): The proposed rezoning is intended to provide for a high tech park known as Ignition Park. The park may include, but not be limited to, research and development facilities, education, office, prototyping facilities, and for other supporting and complementary uses. 7) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property; (b) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (c) six (6) preliminary site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 8) BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE - DESCRIBED REAL ESTATE SIGNIFY THAT THEY UNDERSTAND THAT ALL REPRESENTATIONS MADE BY THEM OR THEIR REPRESENTATIVES AT THE AREA PLAN COMMISSION AND CITY COUNCIL MEETINGS AS TO THE SCOPE OF THE DEVELOPMENT SHALL BE BINDING UPON THEM AND ANY SUBSEQUENT OWNER AND OTHER PERSONS ACQUIRING AN INTEREST THEREIN. SUCH REPRESENTATIONS SHALL BE MADE PART OF THE RECORD AND WILL BECOME A CONDITION OF ANY FINAL PLAN APPROVAL. PETITION PREPARED BY: Scott Ford City of South Bend Department of Community Investment South Bend Redevelopment Commission 227 W. Jefferson Boulevard, Suite 1400S South Bend, IN 46601 (574) 235 -9371 sford ,southbendin.gov CONTACT PERSON: (If different) (same) r1li. ►t�:r�:� or, signature of Attorney for all property Owner(s): Filed in Cl®r -'s MM john - CRY CLERK, S4Af7 FMM1 , IN Ignition Park PUD Tax Key Numbers & Addresses Tax Key Approximate Address 018 - 8002 -0061 SE CORNERS FRANKLIN & W SAMPLE 018- 8002 -0070 1004 SFRANKLIN 018 - 8002 -0071 1006 S FRANKLIN 018 - 8002 -0073 1012 S FRANKLIN 018 - 8002 -0074 1014 S FRANKLIN 018 - 8002 -0075 1018 S FRANKLIN 018 -8002 -0076 1022 S FRANKLIN 018 - 8002 -0077 1024 S FRANKLIN 018- 8002 -0078 319 W GARST 018 - 8002 -0079 315 W GARST 018 - 8002 -0094 901 S LAFAYETTE 018 - 8002 -0096 915 S LAFAYETTE 018 - 8002 -0097 917 S LAFAYETTE 018 - 8002 -0098 900 BLOCK S LAFAYETTE 018 - 8002 -0099 900 BLOCK S LAFAYETTE 018 - 8002 -0100 1005 S LAFAYETTE 018 - 8002 -0101 1005 S LAFAYETTE 018 - 8002 -0102 1000 BLOCK S LAFAYETTE 018 - 8002 -0104 1015 S LAFAYETTE 018 - 8021 -0849 400 BLOCK W SAMPLE 018 - 8021 -084901 400 BLOCK W SAMPLE 018 - 8021 - 084902 1100 PRAIRIE 018 - 8021 -084903 1010 PRAIRIE 018 - 8021 - 084904 400 BLOCK W SAMPLE 018 - 8021 - 084905 1400 BLOCK S KENDALL 018 - 8021 - 084906 400 BLOCK W SAMPLE 018 - 8021 - 084907 410 W SAMPLE 018 - 8021 -084908 1000 BLOCK S FRANKLIN 018 - 8021 - 084909 400 BLOCK W SAMPLE 018 - 8021 - 084910 NE CORNER PRAIRIE & COTTER 018 - 8021 - 084911 1100 BLOCK S FRANKLIN 018 - 8021 - 084912 500 BLK W IGNITION 018 - 8021 - 084913 500 BLK W IGNITION 018 - 8021- 084914 1440 S IGNITION 018 - 8022 -0891 SE CORNER PRAIRIE & W SAMPLE Note: Given final plat of Ignition Park Subdivision, tax key numbers and addresses may change 4/23/2013 MAY Z013 ,Loo W d .1 w tD d tD d W d w d .1 °ego tD d � tD d m N 01 M N (n .1 to d .-•1 tD d .- wwww tD d r4 tD d .1 tD 1 d � w d rl to d .1 W tD d � ° W d rq W d � tO d � oW W d � CD d .1 w d 0W� C1 d .1 O d d tD tt .-1 r-1 LO t0 d ° d c c r_ C W c c c 0 O c W W' 2 W 2 2 a0 , , v a7 z aC , n , v Q H Z Z Z Z Z Z Z U U Z Z Z Z Z Z Z Z Z Z Z Z Z Z O Z Z Z Z t10 00 'a 'O m m U U O) 0! 0) �,' > Vl w 7 O W J O O U u Q °C N Ln N'N o 0 N N N o O N N N 00 m 00 r-1 -1 m < J N O m O ra N d -Q '0 M m ++ ++ N V1 C C eO 'n-i O a'„ -i , e-i V-4 -C -O 'o -t3 -0 'm 'oa0 'm 0 -m a 'aa 3 7 'c c c r_ C W c c c 0 O c W' 2 W 2 2 a0 , , v a7 z aC , n , v a- •O. o. n O m m m m O O O o_ a_ C L L C L 4,' L L O 7 7 O W W W 2 2 0_ cc .-m ~ O 7 O 7 O O 7 O 3 7 = O O E- .o O 3 > N N o N A N N N o N o o o °°N cc W O CC °N N N Z z °o °U U t tn Ln tn N t N tn n t10 00 'a 'O m m U U O) 0! 0) �,' > Vl w 7 O W J O O U u Q °C N Ln N'N o 0 N N N o O N N N 00 m 00 r-1 -1 t10 'a N m Q U E �` O -W O t O c�3mmuuu MqdoCD05 O M < J N O m O ra N d Q bo 00 00 u< 'a 'a 'Q Co CO CO J V) N V U U L N 0 Q E 0 3 7 Id Q O O O N N 0 0 0 - e-I 00 0 pp O O O O O co 0 0 0 N O N N N N V-4 N e-I -i t-1 .4 a� 1 ar 00 00 sn H H N L H > m m > > a. m m m m m m m 0 c O U 0 0 0 0 0 0 0 N h IA IA N N IA C L >_ L L L >. 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N N V) Vf Vf V1 c Vf (D N N Vl W Z LL O-J W LL O LL O LL O LL O LL O LL L!J O� LL O w w LL 000-i LL LL i 3�o��� Who= ����' 003:000 o u b o u m 3 U O u W Ln i �ar,�M�F "4e� i1es� MAY 2.20 Crry f� d bbyy�_��ppSSqp_y �y��py �lO-ORL)Lv M d u1 w I- O M d Vf W N 00 0) rq 00 00 00 00 00 0) cn 01 01 (n 0) 0) 0) O 02000 O o O 00 ri ei ri ri Iry ri IV ri ri e-1 ri ri O N r n P� N n r- r. � n N N N N N N N N N N fV N N N 0 0 O O 00 O 00 0 0 0 0 v0 00 o0 o0 00 00 00 00 00 00 00 00 00 00 00 cc 00 00 00 o0 00 o0 O0 O OO o0 00 00 00 00 900000 V-4 r-4 V-1 T-4 0 0 0 o 0 0 0 Ln i �ar,�M�F "4e� i1es� MAY 2.20 Crry f� d bbyy�_��ppSSqp_y �y��py �lO-ORL)Lv Ignition Park PUD Zoning Ordinance Petitioner: City of South Bend Redevelopment Commission Introduction Petitioner, City of South Bend Redevelopment Commission, requests the rezoning of approximately 85 acres to a PUD — Planned Unit Development District to provide for a high tech park known as Ignition Park and for other supporting and complementary uses. Ignition Park is intended to be a launching pad for technological innovation. Ignition Park, in combination with Innovation Park, creates a two -site, single, State Certified Technology Park within the City of South Bend. The primary objective of this PUD District is to encourage development which achieves a high degree of. (i) excellence in overall site design; (ii) integration of individual parcel site design within the overall development; and, (iii) innovation, creativity and quality in building design. The PUD District provides flexibility and procedural economy by permitting a broad range of high -tech land uses and related support uses in a single district, while maintaining adequate land use controls to protect adjoining properties. Iunition Park Planned Unit Development (a) Permitted Uses (1) Primary Uses (A) Educational Uses: Including but not limited to: Child Care Center, School — College / University, Primary, Secondary, High School, Continuing Education, Commercial, Trade, Industrial or Business. (B) Industrial Uses: Including but not limited to: Engineering or research laboratories; Prototype facilities, which may include the following uses on a developmental basis — Assembly or blending of previously manufactured parts, sub - assemblies or components; Cleaning, testing or repairing of goods, materials or products; Data processing or analysis; Manufacture, processing, refining or fabrication of goods, materials or products. (C) Office / Professional Services: Including but not limited to: Offices related to any Industrial Uses allowed within Ignition Park; Corporate Headquarters (office only). (D) Public Facilities: Including but not limited to: Community Center; Parking Garage. (E) Residential: Including but not limited to: Dwelling Unit — upper level. (F) Miscellaneous: Including but not limited to: Clinic (medical, dental, or optometrists); Conference Center; Hotel. ' (2) Support Uses for Individual Uses or Buildings (A) Support uses and structures, subordinate, appropriate and incidental to the above permitted primary use(s), including supportive services directly related to and in the same building with the primary use(s). (B) Support retail and service commercial uses, subject to the following regulations: i. Support retail or service commercial uses are provided for the primary purpose of serving the occupants and /or employees of the primary use structure as well as visitors to and the general population of Ignition Park; and ii. Examples of permitted support retail or service commercial uses include, but are not limited to: retail services, food services and personal services. (3) Support Uses for Ignition Park (A) Personal Service: Including but not limited to: Health Spa or Fitness Center. (B) Utilities: Including but not limited to: Electricity Relay Station; Power Generation & Distribution Facility; Public Utility Substation; Pumping Stations; Water Towers; Transportation Services. (C) Support Uses: Including but not limited to: retail services; food services; and personal services. (4) Accessory Uses — As regulated by Section 21- 03.11: General Regulations for Commercial /.Mixed Use Districts. 2 Y ? w 1 - AV- ta s c } } ## p (b) Development Standards (1) Access Access to Ignition Park shall be limited to shared street road cuts. Individual uses or buildings shall not utilize a private, individual street road cut unless otherwise approved by the City Engineer. Access to individual parcels may be provided by the development of internal public streets, internal private streets or by limited private access easements serving multiple uses within Ignition Park. The size, location and number of access points shall be subject to the approval of the City Engineer. (2) Ignition Park Minimum Yard and Minimum Building Setback Requirements (A) Front Yard and Building Setback — The minimum front yard and minimum building setback, measured from the front lot line shall be as depicted in Diagram 2. The minimum setback shall be 5' from any new public or private street. (B) Side or Rear Yard and Building Setback — The minimum side or rear yard and building setback measured from a side or rear lot line shall be 51. (3) Use of Ignition Park Minimum Yards All Ignition Park Minimum Yards shall be maintained as a landscaped yard area free from buildings or structures unless specifically authorized: (A) Minimum 20' Front Yards — may include: Ignition Park Campus Signs; entrance drives; walkways; front stairs, stoops or patios which do not project into any public right -of -way; drainage features and utilities. (B) Minimum 5' Front Yards — may include: entrance drives; walkways; front stairs, stoops or patios which do not project into any public right -of -way; or, utilities. (C) Side and Rear Yards — drives connecting to adjoining parcels; walkways; drainage features and utilities; and outdoor seating areas, provided any outdoor seating areas: i. shall not block an entrance or exit to or from the business or building; and, ii. shall be located so as to not interfere or conflict with drives, walkways; or foundation landscaping. 4 K v tt ES � , `°t"„ .f 1 •'1°' ti'Si., -i � t ti!'f.. � 1 4 � "j j R u J-� �\ l •� t !' t+. � 4l F' YID l CAR EL ul (4) Minimum Separation Between Buildings Minimum building separation shall be in compliance with all applicable local, state or federal building, fire and safety codes. (5) Maximum Building Height — 90 feet. (6) Landscaping - All landscaping shall comply with the LI Light Industrial District regulations of Section 21- 07.01 — Landscape Regulations of the South Bend Zoning Ordinance. Manmade or natural water features may be incorporated into any front, side or rear yard landscape requirement. (A) Foundation Landscaping for Individual Buildings. Creativity, compatibility, sustainability and maintenance shall be guiding principles in the development of a foundation landscape plan. Species and design character shall be harmonious with the landscape pattern established by the perimeter landscaping. Foundation landscaping shall, at a minimum, be landscaped in compliance with the foundation landscaping requirements of Section 21 -07.01 (c) (1) of the South Bend Zoning Ordinance for Foundation Plantings for Industrial Districts. (7) Lighting — All outdoor light fixtures shall comply with the regulations of Section 21- 07.02: Lighting Regulations of the South Bend Zoning Ordinance except as specifically provided below: (A) Freestanding, non - cutoff fixtures shall be limited to locations along sidewalks, walkways, or pedestrian ways, or outdoor seating areas; (B) Low intensity / low output architectural lighting, including ground mounted up- lighting and wall fixtures, may be non - cutoff, and, (C) All other freestanding or wall fixtures shall be full cutoff fixtures. (8) Signs NOTE: As Ignition Park is developed, a comprehensive sign package may be developed and be presented to the Area Plan Commission for approval. Approval of such a comprehensive sign package by the Area Plan Commission would supersede the following sign regulations. (A) Ignition Park Campus Signs Ignition Park Campus Signs shall provide identification to the entire Ignition Park and not to identify any individual use or occupant within Ignition Park. i. Type of Signs — Ignition Park Campus Signs may be either: a. Signs on Ornamental, Decorative Fence or Masonry Wall — One (1) sign may be incorporated into an ornamental, decorative fence or masonry wall located on each side of any shared street road cut into Ignition Park or at any corner of the Ignition Park PUD; or, b. Monument Signs — One (1) monument sign may be located at each shared street road cut into Ignition Park or at each corner of the Ignition Park PUD. ii. Height and Area: a. An Ignition Park Campus Sign located on ornamental, decorative fence or masonry wall shall not exceed ten (10) feet in height. The total wall area shall not be limited, however the portion of the wall devoted to Ignition Park Campus Sign surface area shall not exceed sixty -four (64) square feet in area. b. Ignition Park Campus Monument Signs shall not exceed eight (8) feet in height or one - hundred and twenty -eight (128) square feet in area. iii. Setback — All portions of an Ignition Park Campus Sign, whether on an ornamental, decorative fence or masonry wall or a freestanding monument sign, shall be setback a minimum of ten (10) feet from the right -of -way of Sample / Prairie / Cotter / Kendall / Lafayette / Ignition or a minimum of five (5) feet from the right -of -way of Franklin / Garst / Stull / Broadway. iv. Separation — No freestanding sign for any individual use or lot within Ignition Park shall be located within fifty (50) feet of an Ignition Park Campus Sign. (B) Freestanding Identification Signs — Freestanding identification signs shall be limited to monument signs as regulated in Section 21 -07.03 (d) of the South Bend Zoning Ordinance for the OB — Office Buffer District. (C) Building Signs — each building shall be permitted the following: i. Freestanding Tenant Directory Signs — One (1) pylon sign not to exceed six (6) feet in height or eighteen (18) square feet in area, to identify the use or uses within the building. ii. Building Identification Signs — Building identification signs shall be limited to wall signs as regulated in Section 21 -07:03 (d) for the OB Office Buffer District and O Office District. In addition, awning signs or canopy signs may be permitted subject to the provision of Section 21- 07.03 (d (4) ) (D). (D) Incidental / Directional / Wayfinding Signs — freestanding incidental / directional / wayfinding signs shall be permitted at each critical turning point along an interior access drive when required to safely direct vehicular traffic (e.g., to direct vehicular traffic to a: particular use within Ignition Park; a customer or employee parking area; or, a delivery or loading area). Such incidental / directional / wayfinding signs shall: i. not exceed two (2) square feet devoted to any particular per use or location; ii. may contain up to five (5) uses or locations for combined maximum sign area of up to ten (10) square feet per sign for signs identifying more than one use or location; iii. not be located less than two (2) feet back from the back of curb / edge of pavement from any interior access drives; iv. not be located further than ten (10) feet from the back of curb / edge of pavement of an interior access drive; and, V. comply with the regulations of Section 21 -01.01 — Clear Sight Area Requirements of the South Bend Zoning Ordinance. (9) Off - Street Parking (A) Design and Construction of Off - Street Parking Areas All off - street parking areas shall be designed and constructed in compliance with the provisions of Section 21 -07.04 (d) — Design and Construction of Off - Street Parking Areas of the South Bend Zoning Ordinance. (B) Minimum Number of Required Off - Street Parking Spaces The minimum number of required off - street parking spaces provided shall beat the rate of two- thirds (2/3) of the standards given in Section 21 -07.04 (e) - Minimum Number of Required Off - Street Parking Spaces of the South Bend Zoning Ordinance. (10) Off- Street Loading (A) Design and Construction of Loading Areas i. Loading Areas for Semi - Trailer Size Vehicles All off - street loading areas intended for Semi- Trailer size vehicles shall be designed and constructed in compliance with the provisions of Section 21 -07.05 (b ) — Design and Construction of Loading Areas of the South Bend Zoning Ordinance. ii. Loading Areas for Parcel Delivery Size Vehicles All off - street loading areas intended for parcel delivery size vehicles shall be designed and constructed in compliance with the minimum specifications prescribed by the Board of Public Works. iii. Orientation of Loading Areas All loading areas, whether designed for semi- trailer sized vehicles or parcel delivery size vehicles, shall be oriented to the side or rear faigade of the building served- iv. Screening of Loading Areas All loading areas, whether designed for semi - trailer sized vehicles or parcel delivery size vehicles, shall be effectively screened from view from any public right -of -way through the use of buildings, screen walls, landscaping, landscape berms, or combination thereof. LOADING AREA: ALLOWED LOADING AREA: NOT ALLOWED PERIMETER STREET SCRPOW Wml SCJtEFN Wiml. Lq0$ A W. LANDSCAPE BEANS _ OR COMeMN1014 few # w3uuaHO SCREUMB MM OVA LOAOINDARFA j # AILOW90 ' J) 4wmw VAN "M PERIMETER STREET r� j t NEW elnLOwa i r (11) Outside Operations and Storage f ' NO Mama ' Wj IN ' NOTAiLOWEO ' -- BUL MFOOVTFAME NEW MALMO _ ._ SU1LDiNG FROM IAC M All uses and operations (except for off - street parking and off - street loading and delivery, and walk -up customer service windows) shall be conducted within completely enclosed buildings, except where expressly permitted below: (A) Outdoor seating, provided that such outdoor seating: i. Shall not be located in any public street right -of -way; and, ii. Shall not block an entrance or exit to or from the business or building. 10 (c) General Provisions (1) Land Use at Southwest Corner of Sample Street and Lafayette Boulevard The wrecker service and related uses occupying the northeast quarter of the block bounded by Lafayette Boulevard, Garst Street, Franklin Street, and Sample Street shall be permitted until the earlier of (i) when that premises is vacated, or (ii) December 31, 2014. (2) Temporary Uses Due to the number of different land uses and the number of various construction contractors that may be working in the various portions of Ignition Park at the same time, it may be necessary to provide for information / sales / leasing or construction trailers as permitted Temporary Uses as generally provided for in Section 21- 03.11: General Regulations for Commercial / Mixed -Use Districts or Section 21- 04.11: General Regulations for Industrial Districts. The final location of all such information / sales / leasing or construction trailers shall be subject to the approval of the Executive Director. If a centralized information / sales / leasing or construction trailer area is established for Ignition Park, such trailers shall be permitted during the entire construction period of Ignition Park. If scattered site information / sales / leasing or construction trailer locations are utilized for various individual sites, such trailers shall be permitted only during the construction period for that individual site. (3) Incorporation of South Bend Zoning Ordinance Certain Sections of the South Bend Zoning Ordinance, which are in effect as of the date of adoption of this Ignition Park PUD Ordinance, have been specifically noted in the text above as providing regulations for Ignition Park. In addition, the following provisions of the South Bend Zoning Ordinance which are in effect as of the date of adoption of this Ignition Park PUD Ordinance and which may not have been specifically noted in the text above, shall also apply to development within Ignition Park: (A) Section 21 -01.01 (k): Subdivision of Land; (B) Section 21 -01.01 (s): Exemptions for Transportation, Communication and Utility Lines; (C) Section 21 -01.01 (t): Clear Sight Area Requirements; (D) Section 21 -01.01 (u): Requirements for All Private Streets and Private Alleys; (E) Section 21 -01.01 (v): Exemption for Anti- Terrorism Devices and Portable Towers. 11 (F) Section 21- 02.11: General Regulations for Residential Districts shall be applicable to all residential or dwelling uses within Ignition Park; (G) Section 21- 03.11: General Regulations for Commercial / Mixed Use Districts shall be applicable to all commercial uses within Ignition Park; (H) Sections 21 -07.01 (d) - Interior Off - Street Parking Area Landscaping, 21- 07.01(e) - Off - Street Parking Area Screening, 21 -07.01 (f) - Minimum Plant Material Sizes at Time of Planting, 21 -07.01 (g) - Installation of Landscaping, and 21 -07.01 (h) - Maintenance of Landscaping; (I) Section 21- 07.02: Lighting Regulations; (J) Section 21 -07.03 (c): On- Premise Signs: SF1, SF2, MF1 and MF2 Districts; (K) Section 21 -07.03 (e): On- Premise Signs: MU and CBD Districts; (L) Section 21- 08.01: Special Regulations for Wireless Telecommunications Facilities applicable to surface- mounted or roof - mounted applications of telecommunication antenna on existing buildings or structures (the construction of new, freestanding telecommunication towers shall be prohibited within Ignition Park); (M) Section 21- 08.02: Special Regulations for Controlled Uses; and, (N) Section 21 -11.2: Definitions. The terms or words used in the text of this Preliminary Plan shall have the meanings set forth in Section 21- 11.02: Definitions of the South Bend Zoning Ordinance, unless a contrary meaning is: (i) required by the context of a particular sentence or phrase; or, (ii) specifically prescribed in a particular sentence or phrase. (4) Architectural Review Board The Architectural Review Board ( "ARB ") for Ignition Park shall review all land uses as well as all site plans, landscape plans, open space / outdoor seating plans, building plans and sign plans for consistency and compatibility with the intent for Ignition Park as well as the architectural themes and character established for Ignition Park. All plans filed with the Executive Director or Building Commissioner to establish any land use or for approval of any development within Ignition Park shall include the written approval of the ARB. (5) Determination of Permitted Uses (A) Establishment of Uses — To assure the long term compatibility of land uses within Ignition Park, especially the size, scope and nature of accessory uses, the establishment of any land use shall, in addition to approval of the ARB, be subject to the approval of the Executive Director. 12 (6) Alternate Development Standards In order to encourage innovative building and site designs capable of enhancing the quality of the Ignition Park built environment, an applicant may propose alternate development standards for: yards and building setbacks; use of minimum yards and residential bufferyards; maximum building height; maximum gross floor area; parking; loading; outdoor operations; architecture; landscaping; lighting; or, signs, subject to approval by the Architectural Review Board and the Area Plan Commission. Application for such alternate development standards shall be in the form of a Secondary Approval referred to the Area Plan Commission for determination. (7) Final Site Plan Submittal Process (Secondary Approval) Final Site Plan submissions or Secondary Approvals shall be filed in compliance with the provision of Section 21 -05 (c) (5) of the South Bend Zoning Ordinance. 13 Exhibit "A" Legal Description for Ignition Park PUD That part of the Northeast Quarter of Section 14 and the Northwest Quarter of Section 13, both in Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Beginning at the intersection of the Centerline of Prairie Avenue with the Centerline of Sample Street; thence East along said Centerline of Sample Street and the North line of said Northwest and Northeast Quarter Sections a distance of 2,159.25 feet more or less to a point of intersection of the Centerline of Sample Street with the Centerline of Lafayette Boulevard; thence South along said Centerline a distance of 599.75 feet more or less to the Centerline of Garst Street; thence West along said Centerline a distance of 410.25 feet more or less to the Centerline of Franklin Street; thence South along said Centerline a distance of 687.32 feet more or less to the South line of Stull Street and the North line of Lot # 2 of the Plat of "Transpo Minor Subdivision" recorded, by Document No. 0918833 in the records of the St. Joseph County, Indiana Recorder's Office; thence along the North line of said Lot # 2, S. 89°- 21' -27" W. a distance of 400.84 feet more or less to the Northwest corner of said Lot # 2; thence S. 00 °- 19' -00" E. along the West line of said Lot # 2 and its Southerly extension a distance of 1,020.34 feet more or less to the South line of a 30 -foot wide Right -of -way for the Penn Central Railroad formerly known as the Terre Haute & Logansport Railroad and as shown on said "Transpo Minor Subdivision" Plat; thence Northwesterly and Westerly along said South line a distance of 840.05 feet to a point of intersection with the West line of Ignition Drive South extended South; thence N. 00 °- 26'-45" W. along said Southerly extension and the West line of said Ignition Drive South a distance of 402.97 feet more or less to a point; thence continuing along said Westerly line around a 342.00 foot radius curve to the right having an arc length of 162.04 foot and a chord bearing of and N. 13 °- 07' -39" E. and a chord length of 160.53 feet to the point of intersection with the Southerly line of Ignition Circle; thence along said Southerly line around a 401.00 foot radius curve to the right having an arc length of 166.10 foot and a chord bearing of and N. 40 °- 03' -01" W. and a chord length of 164.92 feet to the point of intersection with the Southerly right -of -way line of Cotter Street; thence along said Southerly line for the next two (2) courses, S. 67 °- 49' -42" W. a distance of 38.00 feet and around a 342.00 foot radius curve to the right having an arc distance of 107.49 foot_ and a chord bearing of and S. 76 °- 49' -56" W. and a chord length of 107.05 feet to the point of intersection with the East right -of -way line of Kendall Street; thence N. 89 °- 45' -35" W. a distance of 25.00 feet more or less to the Centerline of said Kendall Street; thence N. 00 °- 26' -45" W. along said Centerline a distance of 42.0 feet more or less to the point of intersection with the Centerline of Cotter Street; thence N. 890- 45' -35" W. along the Centerline of Cotter Street a distance of 883.13 feet more or less to the Centerline of Prairie Avenue; thence along the Centerline of Prairie Avenue for the next Two (2) Courses, N. 28 °- 18' -01" E. a distance of 1,230.0 feet more or less and N. 00 °- 03' -53" W. a distance of 463.0 feet more or less to the point of beginning. Containing 85.07 Acres more or less. Subject to all legal highways, easements and restrictions of record. AY MY�..t ..,.gin. 1316 COUNTY -CITY BUILDING 227 W..TMFMON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 Mr. Jeffrey Griffon Living Stones Church 718 Donmoyer Avenue South Bend, Indiana 46614 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS May 14, 2013 PHONE 574/235 -9251 FAX 574/235 -9171 2-�-O RE: Alley Vacation -- The Portion of the East/West Alley between Farneman Street and Donmoyer Avenue going East from Fellows from the Western Edge of the Property Line of Lot 44 to the Dead End of the Alley (Preliminary Review) Dear Mr. Griffon: The Board of Public Works, at its May 14, 2013, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, 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. St. Joseph County stated that several abutting property owners are currently encroaching into the public right of way along this alley. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley. GARY A. GIL.OT DONALD E. INKS KATxRYN E. Roos MICHAEL C MECHAM MARx W NEAL Please contact Tony Molnar at (574) 235 -9254 prior to. picking up your radius map. 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 Janice Talboom, City Clerk's Office Michael Mecham, Engineering Melinda Lercel From: Eugene Eyster Sent: Friday, April 26, 2013 1:50 PM To: Melinda Lercel; Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyomi@co.st-joseph.in.us Cc: Cheryl Greene; pmgriffin @nisource.com Subject: RE: Alley Vacation - Frank Linarello - Living Stones Church Melinda, The Police Department would have no objection to the granting of this request. Lt. Eyster ................._._. ................. From: Melinda Lercel Sent: Friday, April 26, 2013 9:15 AM To: Andre Price; Jilin Kain; Michael Mecham; Federico Rodriguez; jbyorni@co.st joseph.in.us; Eugene Eyster Cc: Cheryl Greene, pmgriffin @nisource.com Subject: Alley Vacation - Frank Linarello - Living Stones Church Please provide your recommendations. Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 mlercelO southbend in.aov_ City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 http:/Iwww.southbendin.gov Melinda Lercel From: Federico Rodriguez Sent: Monday, April 29, 2013 8:22 AM To: Melinda Lercel Subject: RE: Alley Vacation - Frank Linarella - Living Stones Church Approved S.B.F.D Federico (Chico) Rodriguez Fire Marshal Fire Prevention Bureau (574) 235 -7564 frodrigu @southbendin.pov South Bend Fire Department 1222 S. Michigan St. 46601 , IDF� t�I.f' r $ From: Melinda Lercel Sent: Friday, April 26, 2013 9:15 AM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.st joseph.in.us; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource.com Subject: Alley Vacation - Frank Linarello - Living Stones Church Please provide your recommendations. Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 mlercel southbendin.ao_v City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Send, IN 46601 htti)-//www.southbendin.gov Melinda Lercel From: Angela Smith <ASmith @co.st joseph.in.us> Sent: Wednesday, May 01, 2013 9;53 AM To: Linda Martin; Melinda Lercel subject Alley Vacation Attachments: Living Stone Church.doc; Smith, Angela.vcf Attached please find our recommendation for the proposed alley vacation for the portion of the East/West alley between Farneman and Donmoyer going East from Fellows from the Western edge of the property line of Lot #4 to the end of the alley. Please note, several property owners along this alley are encroaching in the public right of way. Please let me know if you have any questions. thanks, AtWeCa .%f. Smith, Planner Area Plan Commission (574) 235 -9571 JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR I AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 127 W, JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND. INDIANA 46601 (574) 135.9571 April 26, 2013 City of South Bend Board of Public Works 13"' Floor, County -City Building South Bend, Indiana 46601 RE: Alley Vacation Applicant: Frank Linarello Vacation of the portion of the East/West Alley between Farneman and Donmoyer going East from Fellows from the Western edge of the property line of Lot#4 to the dead end of the alley. Dear Board Members: The staff has reviewed this petition. It is the staffs opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The portion of the alley to be vacated is at the end of a dead -end alley that does not appear to be in use, therefor vacating this portion would not hinder the growth or development of the area. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. This alley does not appear to provide direct access to any of the adjacent properties. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. There are no churches, schools, or other public places lying along this alley. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. The portion of the alley to be vacated is not being used as a public way. The surrounding properties have access on Donmoyer and Farneman Ave. Due to the above stated reasons, the staff recommends that the proposed alley vacation be approved. Please contact our office if you have any questions or need any additional information. Sincerely, Angela M. Smith Planner SERVING $T'. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA. ✓w ROSELAND WWW.STJ05EPHC OUNTY INDIAN A.CON Linda Martin From: Michael Divita Sent: Friday, May 03, 2013 8:36 AM To: Linda Martin Cc: Atin Kain Subject: FW: Alley Vacation - Frank Linarello - Living Stones Church Attachments: Alley Vacation - Frank Linarello - Living Stones Church.pdf Alley Vacation - Frank Linarello - Living Stones Church Approval recommended. Given that this is the end of a little used dead -end alley, no neighborhood or access issues would be apparent with this vacation. of rofi4it Michael Divita Planner Department of Community Investment City of South Bend 227 W. Jefferson Blvd., Suite 1400S ” °:•k > :^ F. South Bend, IN 46601 :,:, „•: (574) 235 -5843 mdivita@southbendin.gov From: Jitin Kain Sent: Thursday, May 02, 2013 3 :38 PM To: Michael Divita Subject: FW: Alley Vacation - Frank Linarello - Living Stones Church FYI -OCTVr Jitin gain Director, Planning Department of Community Investment (574) 235 -5835 ” °:•k > :^ F. ikain @southbendin.aov City of South Bend 227 W. Jefferson Blvd., Suite 1400 S. South Bend, IN 46601 From: Melinda Lercel Sent: Friday, April 26, 2013 9:15 AM To: Andre Price; Itin Kain; Michael Mecham; Federico Rodriguez; jbyorn1 @cost- joseph.in.us; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource.com Subject: Alley Vacation - Frank Linarello - Living Stones Church Please provide your recommendations. Linda Martin From: Michael Divita Sent: Friday, May 03, 2013 8:36 AM To: Linda Martin Cc: Atin Kain Subject: FW: Alley Vacation - Frank Linarello - Living Stones Church Attachments: Alley Vacation - Frank Linarello - Living Stones Church.pdf Alley Vacation - Frank Linarello - Living Stones Church Approval recommended. Given that this is the end of a little used dead -end alley, no neighborhood or access issues would be apparent with this vacation, K " Z ^` Divita Planner Department of Community Investment E ''< City of South Bend 227 W. Jefferson Blvd., Suite 1400S South Bend, IN 46601 (574) 235 -5843 mdivitaOsouthbendin goy From: Jitin Kain Sent: Thursday, May 02, 2013 3:38 PM To: Michael Divita Subject: FW: Ailey Vacation - Frank Linarello - Living Stones Church FYI t ip�',ar Atin Kain Director, Planning ' r Department of Community Investment (574) 235 -5835 ikainCc�southbendin.eov City of South Bend 227 W. Jefferson Blvd., Suite 1400 S. South Bend, IN 46601 From: Melinda Lercel Sent: Friday, April 26, 2013 9:15 AM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyornl @co -St joseph.in.uS; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource.com Subject: Alley Vacation - Frank Linarello - Living Stones Church Please provide your recommendations. # A x *6 2 Q ■ k _ 0 �� 4�` . IV? S / ee. � B »f 2ƒ k f 0 E A \ IfD ■ 2C f CL S ° § © tokk ®� < © © �$f ' w 2■ ■ 20 0 f-camE & -2■ s -ƒs £ ■ 22 2 s o o a E 2 � 2 £ �« m 2 � ■� a�@2Un Goa) RE #�aE \��- �o a $ a wa ��6wa? §7o±S �2 IX �k ■ z S2 U. &o #�2\ge0L) 0E®2 # 0(0 o£�� ■womC -t o 00 ■ ■< a��2�2 ©E2�2 @ E I @ e 'E2 0 ��� CfkE c ~� o wo aaa§� =£0 §�, 3 ko \22 ��E k JgI�S §5��2 2kklk� LU � d � a ' _ k 0 d 02 0 2 � 0 w0 � a LL 2 v � � 93 U_ �. ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF DONMOYER AVENUE FROM THE WEST LOT LINE OF LOT 4, FOREST HILL ADDITION AND EAST LOT LINE OF SAID LOT 4 FOR A DISTANCE OF 40 FEET AND A WIDTH OF 16 FEET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The alley to be vacated is the first East/West Alley South of Donmoyer Avenue from the West lot line of Lot 4, Forest Hill Addition (on unrecorded subdivision) and East lot line of said Lot 4 for a distance of 40 feet and a width of 16 feet, City of South Bend, Portage Township, St. Joseph County, Indiana hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lots 6275, 6274, 6272.01 and 5158 Section IV. The purpose of the vacation of the real property is to provide the opportunity to include the real property inside the recently purchased lot used for children's recreation. The adjoining property has a preexisting fence that most naturally extends through the real property, which is land locked and currently not used. The extension of the fence line in this way squares out property lines in the most natural and logical way. 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 , 2 , at o'clock . M. Approved and signed by me on the o'clock . M. L11 READING 6-�O -l3 PUBLIC HEARING 3 rd READ514G NOT APPROVED REFERRED PASSED City Clerk day of , 2 at Mayor, City of South Bend, Indiana FN�� e:1! k Uffice MAY, 3 0 Q 13 C17Y Ci,ORK, 900T'ie BEND, IN DONMOYER AVE. 71 n is tll Dunm:,y5r to o LO to f i � cv OD to � � t L 18- ?145 R150' 40' 00 0 ! i' o i v � r\ N LO LO CO i t I i J FARNEMAN ST. F arnelnur, l Filed MAY d 20 Legal Description xeE��+yq� .J S.x! YJ, The alley to be vacated is the first East /West alley South of Donmoyer Avenue from the West lot line of Lot 4, Forest Hill Addition (an unrecorded subdivision) and the East lot line of said Lot 4 for a distance of 40 feet and a width of 16 feet, City of South Bend, Portage Township, St. Joseph County, Indiana. 3rd SUBSTITUTE BILL NO. 18-13 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTIONS 6 -6.6, 6 -6.7, AND 6 -6.8 ADDRESSING SOILS AND WATER TABLE REVIEW REQUIRED AS PART OF THE. PERMIT PROCESS. STATEMENT OF PURPOSE AND INTENT The South Bend Common Council recognizes the qualifications, duties, responsibilities of the Building Commissioner set forth in Section 6 -4.4 of the South Bend Municipal Code. The training and expertise of this key position and the Building Commissioner's ability to issue or deny permits after a detailed review to determine compliance with and enforcement of the building regulations codified in Chapter 6 of the South Bend Municipal Code is critical. The proposed regulations addressing water table review would improve the permit review process. This ordinance has been prepared in the interest of providing another essential tool for the Building Department. It provides the necessary enabling legislation so that regular, systematic and routine reviews of water tables are made prior to a permit being issued to build or construct any new dwelling used primarily for residential purposes within the City of South Bend, Indiana. This ordinance is believed to be in the best interest of the citizens of the City of South Bend, Indiana. 9%Q, �th, ���0".g ff"uc! , -,&'-w 6y w, as follows: SECTION I. Chapter 6 of the South Bend Municipal Code is amended by the inclusion of new Section 6 -6.6 in Article 2 which shall read in its entirety as follows: Sec. 6 -6.6 Soils & Water Table Review Required as Part of the Permit Process for New Dwelling(s) and Building(s). (a) Before a permit is issued to build or construct any new dwelling or building within the City, the person submitting the application shall review the Indiana Department of Environmental Management (IDEM) list of sites with significant water withdrawals, or an equivalent of the IDEM list, to determine the building or dwelling's proximity to such significant water withdrawal site, defined as ground water withdrawal of 100,000 or more gallons per day. For purposes of this Section, dwelling or building refers to habitable structures, including single family dwellings, two family dwellings, multifamily dwellings, hotels, motels, boarding houses, P Substitute Bill No. 18 -13 Page 2 lodging houses, bed and breakfasts, and all commercial buildings. The Building Commissioner for purposes of this Section shall include his/her authorized designee. (b) Upon the Building Commissioner's review of the applicant's materials required to be submitted, and if the construction site for the building or dwelling is located within one quarter (1/4) mile radius around a well head where there exists confirmed operations with significant ground water withdrawals defined as 100,000 or more gallons per day, with a map depicting the wells registered to pump over 100,000 gallons per day in the vicinity of South Bend being maintained in the Building Department. The Building Commissioner shall make as condition(s) of any permit, which may be granted, any or all of the following: (1) Soil boring data at completion of boring, and at 24 hours after completion of boring which is recorded on boring log in low permeability soils such as silts and clays. Artesian pressure and seepage zones, if encountered, must also be noted on the boring log; (2) Relocation of the proposed building; (3) Elevation requirements; (4) Denial of a basement in the building. (5) A Soils and Water Table Review conducted by a soil engineer, hydrologist or other person qualified in the study of soils and soil conditions and registered by the State of Indiana as same which indicate and confirm that: (i) The soil compressive capacity will support all imposed loads of the proposed building (ii) The lowest point of any habitable space or footing has a minimum of two (2) feet of separation above the seasonal high water level of any subterranean aquifer. (c) The Building Commissioner shall also review as part of the building permit process, in addition to the requirements set forth in this Chapter, the new building or dwelling's location on drawings provided by the person applying for a required permit which depict the proposed construction using the following maps, which may be overlays to the drawings submitted:' (1) St. Joseph County Soils Map ' The International Residential Code for One and Two Family Dwellings contains regulations in R401.43 Soil Tests; R401.5 Compressible or Shifting Soil, R405 concrete or masonry foundations and R406.1 concrete and masonry foundation damp - proofing which are also enforced as part of the building inspection process. 3rd Substitute Bill No. 18 -13 Page 3 (2) Maps depicting wetlands (3) Maps depicting floodplains and compliance with Sections 6 -38 and 6 -39 of the South Bend Municipal Code (4) Maps depicting drainage basins /watersheds. (d) An "as built" elevation certificate must be submitted to the Building Commissioner. The certificate must indicate the difference between the lowest level of the foundation and the seasonal high water level of any subterranean aquifer. (e) Visual inspection of the damp proofing and drainage tile must be approved before the basement is back - filled and construction continues on the project. SECTION II. Chapter 6 of the South Bend Municipal Code is amended by the inclusion of new Section 6 -6.7 in Article II which shall read in its entirety as follows: Sec. 6 -6.7 New Well Requirements and Affected Areas. (a) Before a new well permit is issued in the City, a Soils and Water Table Review shall be made to the Director of Public Works per Sec 6 -6.6 that also includes an Area of Influence defined as one quarter (1/4) mile radius around the well head. (b) All property owners within the Area of Influence of any proposed new well shall be notified within thirty (30) days of any submission to a City entity of an intention to drill. (c) No new well permit shall be issued within a distance of three thousand feet (3,000') of any existing production well belonging to the City of South Bend in connection with the city's water supply. SECTION III. Chapter 6 of the South Bend Municipal Code is amended by the inclusion of new Section 6 -6.8 in Article II which shall read in its entirety as follows: Sec. 6 -6.8 Required Process When Decommissioning a Water Well. (a) The St. Joseph County Health Officer and the Director of Public Works shall be notified at least thirty (30) days prior to the decommissioning of any water well. (b) Whenever a water well has been improperly decommissioned or discontinued for use and does not have formal inactive status, the St. Joseph County Health Officer and the Director of Public Works shall notify the owner of any costs incurred for such non - compliance, which such sums being payable in full within thirty (30) days of such notice and itemized billing. 3rd Substitute Bill No. 18 -13 Page 4 SECTION IV. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION V. This ordinance shall be in full force and effect from and after July 15, 2013 after passage by the Common Council, approval by the Mayor, and legal publication. t REf Z- uliC FEARING rd REAr1 NG NOT A,i"PROVED EFERRED PASSED Oliver Davis, 6`° District Council Member Karen L. White, Council Member at Large Tim Scott, 1 st District Council Member Derek D. Dieter, Council Me ber at Large Filed in Clerk's Office r JUN 2 U Z'013 JOHN VOOR -OE CITY CLERK, SOVI H SEND, IN City of South Bend Common Council 441 County -City Building . 227 W. Jefferson Blvd (574) 235 -9321 South Bend, Indiana 46601 -1830 Fax (574) 235 -9173 http://www.southbendin.gov Derek D. Dieter June 20, 2013 President Oliver J. Davis The South Bend Common Council Vice - President 4th Floor County -City Building South Bend, Indiana 46601 Karen L. White Chairperson, Committee Re: 3rd Substitute Bill No. 18-13 of the Whole Soils and Water Table Review Regulations Tim Scott First District Dear Council Members: Henry Davis, Jr. On June 5th a 2nd substitute Bill No. 18 -13 was filed with the Office of the City Second District Clerk which set forth the collaborative efforts of the legislative and administrative branches of city government working together. Valerie Schey Third District A map generated by GIS depicting "Wells Registered to Pump Over 100,000 Fred Ferlic Gallons Per Day in the Vicinity of South Bend" which is referenced in the Fourth District proposed ordinance was also filed at that time which has been on display in the p y Council Informal Meeting Room. David Varner Fifth District In light of the input of John Byorni, the Area Plan Executive Director, the only major change reflected in the 3rd Substitute Bill of Bill No. 18 -13 which we are Oliver J. Davis attaching is to Sec. 6 -6.7 New Well Requirements and Affected Areas where Sixth District the following language was deleted: Derek D. Dieter "Before a subdivision that creates new public streets is made in the City, a Soils At Large and Water Table Review shall be made to the Executive Director of the Area Plan Commission per Sec. 6 -6.6 for inclusion and approval of the subdivision process. Gavin Ferlic All development within the approved subdivision shall meet the requirements of At Large Sec. 6 -6.6 (c)(d)(e) above." Karen L. White At Large Mr. Byorni believes that language addressing any proposed regulations which address subdivisions would be more appropriate in the subdivision regulations which are codified into Chapter 21 of the South Bend Municipal Code. In that way, the Area Plan Commission would have the opportunity to provide input on those provisions in a separate ordinance. In summary, the proposed regulations would: • Become effective July 15, 2013 to give the Building Department and Department of Public Works to do outreach and education on the regulations Yd Substitute Bill No. 18 -13 June 20, 2013 Page 2 • Require an applicant to review the Indiana Department of Environmental Management (IDEM) list of sites with significant water withdrawals • Authorizes the Building Commissioner to impose conditions on any permit where proposed construction is to take place on sites near where there are significant water withdrawals • Require an applicant to review the St. Joseph County Soils Map, maps depicting wetlands, maps depicting floodplains and maps depicting drainage basins /watersheds • Set forth new regulations for new wells • Set forth new regulations when a water well is decommissioned We look forward to reviewing this Bill with you at next Monday's Public Works and Property Vacation Committee, and seek your favorable support. Thanks you. Most sincerely, O?Nar Davis, 6 1h District Council Member Karen L. White, Council Member at Large Tim Scott, 1 st District Council Member Derek D. Dieter, Council Member at Large Filed in WH4,` Office JUN 2 0 2Q� CITY 1 CLERK, SOUTH i H BEND, IN Derek D. Dieter President Oliver J. Davis Vice - President Karen L. White Chairperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large Karen L. White At Large City of South Bend Common Council 441 County -City Building . 227 W. Jefferson Blvd (574) 235 -9321 South Bend, Indiana 46601 -1830 Fax (574) 235 -9173 http://www.southbendin.gov June 19, 2013 \ IV o , Z t Members of the Common Council 4t' Floor County -City Building South Bend, Indiana 46601 Re: Bill No. 22 -13 Honey Bee Keeping Regulations Dear Council Members: I request that Bill No. 22 -13 be continued until the July 8 2013 Common Council meeting. I will provide you with a status update on the Bill at Monday's Health & Public Safety Committee meeting. Thank you. Best regards, Tim co First District Council Member cc: Mayor Pete Buttigieg Corporation Counsel Cristal Brisco Code Director Shubhada Kambi News Media fi�ee'�,, aE l.. ... f Via.. 2 L11 pp. r; 6-- clt 0o. `1 --2-13 BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5, ARTICLE 3, SECTION 5 -15 (a) AND (d) OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED HONEY BEE KEEPING REGULATIONS AND AMENDING SECTION 2 -123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that the current regulations addressing bee keeping within the city limits have not been updated in recent decades. It is acknowledged that the State of Indiana aids and assists in the "development and protection of the bee and honey industry..." as further addressed in Indiana Code 14 -24 -2. It is further acknowledged that the Indiana Department of Natural Resources (DNR) Division of Entomology and Plant Pathology maintains a government website posts and maintains information on honey bees at www.in.gov /dnr /entomolo /5746.html and also at www.in.gov/dnr/entomolo/2893.html On January 7, 2010, the Congressional Research Service provided to Congress a report on the "Honey Bee Colony Collapse Disorder ". This 17 -page document noted among other things that the State of Indiana was one of thirty -five states affected by the colony collapse disorder (CCD) where an "alarming number of bee colony losses and die - offs" began in late 2006. Symptoms of CCD include: rapid loss of adult worker bees; few or no dead bees found in the hive; presence of immature bee; small cluster bees with live queen present; and pollen and honey stores in hives which may be caused by pathogens, parasites, environmental stresses and poor nutrition. Part of the U.S. Department of Agriculture's Action Plan to address CCD include increased educational and outreach programs aimed at improving the "general bee health and reduce susceptibility to colony collapses and other disorders..." Current reports for 2013 show the highest level of commercial colony losses at an average of 55 %. Much has changed in recent years with regard to municipal bee keeping regulations. Many municipalities have established bee keeping regulations, some of which include Evanston, Illinois; Cleveland, Ohio; Salt Lake City since 2009; Provo, Utah since 2011; Madison, Wisconsin since 2012; Minneapolis, Minnesota since 2009; Milwaukee, Wisconsin since 2010; Spokane, Washington — just to name a few. In 2010, New York City lifted its ban on bee keeping within its city limits. New York City permits the honey - producing Apis mellifera bee, which can produce as much as 100 pounds or more of honey annually. This ordinance is believed to be in the best interests of the citizens of the City of South Bend, Indiana, by setting forth reasonable honey bee keeping regulations. Honey Bee Keeping Regulations Ordinance Page 2 � m, GvitorW&&w2( by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 5, Article 3, Section 5 -15 (a) and (d) of the South Bend Municipal Code are amended to read as follows with all other said provisions remaining in effect: Sec. 5 -15. Acreage Requirements for Certain Domestic Animals (a) Any person desiring to raise any of the following named domestic animals or fowl must have a minimum of five (5) contiguous acres in land: (7) Bees. Reserved. (1) i f bee eelep:e� a kept fifty icm feet of e e -:e« beianda -, f �I f 11 VVV VVIV111VJ pFepeFty on whieh that will prevent LIIL within the hive, stand been &e., flying or- box is tb,,,,& it xte, 7 e /3 )The bees and equipment � / y "'Y"'v statutes. Nothing in this seetien shall be deemed shall be � shall w kept in aeoefdanee to with the the keeping bees of St at in hive, or- box leeated or- kept within or eenstmed pr-ehibit of building fer- a st a zoological study or- ebsen;atie . park, seheel, or university the pufpese ef Section 1I. Chapter 5 of the South Bend Municipal Code shall be amended by the inclusion of new Article 10 which shall read in its entirety as follows: Article 10. Honey Bee Keeping Regulations. Sec. 5 -50 Legislative Findings. (a) The Common Council finds that honey bees can be maintained within Po elated areas without causing a nuisance, if honey bees are properly located, managed and maintained (b) Honey bees are a benefit to society by pollinating flowers, gardens and trees and thereby contributing to the local ecosystem, as well as furnishing honey, wax and other useful products. (c) The regulations set forth in this Article are in the best interests of the health safety Honey Bee Keeping Regulations Ordinance Page 3 and welfare of the city. t Sec. 5-51 Definitions. As used in this Article, the following words, terms and phrases shall have the meanings set forth herein: Apiary: the assembly of one (1) or more hives or colonies of honey bees at a single location. Beehive: domicile prepared for colony of honey bees. Beekeeper: a person who owns or has charge of one (10 or more colonies of honey bees. Beekeeping Equipment: an ty hing used in the operation of an apiary, such as hive bodies supers, frames, top and bottom boards and extractors. Bottom Board: floor of beehive. Building: any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.2 City: City of South Bend, Indiana. Colony: the entire honey bee family or social unit living together including Queens workers and drones. Flyway bai °rier: fencing, dense hedging or a combination of the two, which provides a shield or protective barrier from the direction in which the honey bees fly when approaching or leaving a hive. Hive: a frame or structure used or employed as a domicile for bees. Honey Bee: the common domestic honey bee, limited to the Apis mellifera species specifically excluding the African honey bee, Apis mellifera scutellata or Africanized honey bee or M hybrid thereof. Inner Cover: a cover used under the standard telescoping cover of a bee hive ' Indiana Code § 36- 14-11 authorizes a city to pass, codify and enforce ordinances; and Indiana Code § 36 -1 -3 -2 grants to cities "...all the powers that they need for the effective operation of government as to local affairs ". 2 South Bend Municipal Code § 21 -11.02 sets forth the zoning definition for "building" Honey Bee Keeping Regulations Ordinance Page 4 Langstroth TWe Hive: a hive consisting of an outer frame with a solid top cover, an inner cover, a bottom board, and a number of boxes and supers containing tightly spaced movable frames. Lot: a piece, parcel, plot or tract of land designated by its owner or developer to be used, developed or built upon as a unit under single ownership or control and may consist of (1) A single lot or record; or (2) A combination of complete lots of record.3 Nucleus Colony: a small colony of bees resulting from a colony division, or a queen- mating hive used by queen breeders. Super: A wooden box with frames containing foundation or drawn comb in which honey is to be produced. Sec. 5 -52 Honey Bee Keeping Public Safety Regulations. (a) Any person desiring to raise the common domestic honey bee, limited to the Apis melli era species, must comply with the following public safety regulations. (b) The maximum number of colonies based on the size of the lot which shall be limited to the following: • Up to % acre Two (2) colonies • More than % acre but less than %2 acre Four (4) colonies • '/z acre but less than 1 acre Six (6 ) colonies • 1 acre or more Eight (8 ) colonies (c) A nucleus colony may be kgpt for up to a 30- d4yperiod at one (1) for every colony_ (d) No hive shall exceed seventeen (17) cubic feet in volume. (e) Location Requirements: 1. All colonies shall be located behind the building. 2. Beehives must have a flyway barrier which is located at least ten feet (10') in front of the entrance to the hive at a height of six feet (6') if the hive's entrance is located within fifteen feet (15' ) of the property line. 3 South Bend Municipal Code § 21 -11.02 sets forth the zoning definition for "lot" Honey Bee Keeping Regulations Ordinance Page 5 3. If the hive's entrance is within five feet (5') of the property line there must be a solid wall, dense vegetation or combination of the two which extends five feet (5') beyond the hive along the property line. 4. No hive shall be located closer than ten feet (10') from a public sidewalk. 5. Colonies may be kept on flat roofs without setback or flyaway barrier restrictions. (f) A constant supply of fresh, clean water shall be provided for all hives Design must allow bees to access water by landing on hard surface. (g) The honey bees and equipment shall be maintained in accordance with the applicable provisions of the Indiana Code and apiga practices addressing honey bees recommended by the State of Indiana's Apiary Inspector(s). Sec. 5 -53 Honey Beekeeping Permit Required, Permit Fee, Denial or Revocation. (a) Any person desiring to raise the common domestic honey bee limited to the Apis mellifera species, must file an application for a Honey Beekeeping Permit with the Department of Code Enforcement's Division of Animal Care and Control for review. (b) A filing fee of twenty dollars (20) shall be required at the time of filing a completed application. (c) Prior to obtaining honey bees, a first -time applicant for a honey bee permit must provide written proof to the Division of Animal Care and Control that he /she has completed training or received information on beekeeping by an entity recognized by the Indiana Department of Natural Resources Department of Entomology Division of Entomology & Plant Pathology Purdue University. (d) The Division of Animal Care and Control may deny or revoke a permit to any person who has failed or refused to comply with the permit requirements, who has made any fraudulent or false statement or material representation in the permit application • or in connection with the keeping or maintenance of honey bees; or who has kept such honey bees in such a manner as to constitute a breach of the peace or a menace to the health, safety or welfare of the public (e) Upon denial or revocation of a permit the Law Department shall provide notice to the 4 A current "List of Assistance for Beekeeping in Indiana" may be accessed at www.in.jzov/dnr/entomolo/files/ep- indiana. beekeeping information.pdf Honey Bee Keeping Regulations Ordinance Page 6 permit applicant or permit holder of the appeal and hearing procedures set forth in Section 4 -16 of this Code. Sec. 5 -54 Compliance Required; Penalties. (a) It shall be unlawful for any person to keep or maintain an apiary, hive, 'or colony in the City which is not in compliance with this Article. (b) Any person violating any of the provisions of this Article shall be issued a citation by the Department of Code Enforcement which provides for a fine of seventy -five dollars ($75.00) per violation payable through the Ordinance Violations. (c) Each violation shall constitute a separate and distinct offense. (d) Any person who has obtained a honeybee permit and who violates any of the provisions of this Article three (3) times as evidenced by citations being issued for each violation, shall have his/her permit issued under this Article revoked Said person shall not be entitled to have a new permit issued for a minimum of one (1) year from said date of revocation and must provide written proof that he /she has completed training on beekeeping by an entity recognized by the Indiana Depart of Natural Resourced Department of Entomology Division of Entomology & Plant Pathology Purdue University. Said training must have taken place after the date of the permit revocation. (e) Any apiary, hive or colony which threatens public health or safety; or creates a public nuisance, or which has been abandoned is unlawful. The City is authorized to take all reasonable action including removal and /or destruction of any apiary, hive or colony which is deemed necessary. Sec. 5 -55 Exemptions for Zoological Parks, Schools, University, College, Etc. Nothing, in this Article shall be deemed or construed to prohibit or restrict the keeping of honey bees in a hive, stand or box located or kept within a zoological park, school, or universes building or educational not for profit entity for the purpose of study or observation. Section III. Chapter 2, Article 19, Section 2 -213 of the South Bend Municipal Code shall be amended by the inclusion of the following and inserted into the chart in proper numerical order: 5 -54 Honey Bee Keeping Regulations $75.00 Honey Bee Keeping Regulations Ordinance Page 7 Section IV. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. 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. Tim Scott, 1 s` District Co cil Member Office of the City Clerk ", We&-W * meta Ae a a far ywe YVOiNA ffmd4 ne'A zas on the day of , 2013 at o'clock _. m. I st UADING S-- (3 1-3 PUBLIC FEARING 3 rd READING NOT APPROVED REFERRED PASSED Office of the City Clerk day of , 2013 at o'clock _.m. Pete Buttigieg Mayor of the City of South Bend, Indiana Filed Fn , , -,Fw, i . Office MAY 8 - Z013 i CITY CLERr, 80U H SEND, IN Derek D. Dieter President Oliver J. Davis Vice - President Karen L. White Chairperson; Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Sch ey Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District City of South Bend Common Council 441 County -City Building . 227 W. Jefferson Blvd 1way 7, 2013 South Bend, Indiana 46601 -1830 Members of the Common Council 4a' Floor County -City Building South Bend, Indiana 46601 Re: Proposed Honey Bee Keeping Regulations Dear Council Members; (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov I am pleased to introduce for your review and approval, regulations which would allow honey bee keeping in the City of South Bend. The proposed ordinance is similar to the Urban Chicken Ordinance recently passed by the Council, by incorporating reasonable health and public safety regulations. The number of hives would be limited by size and the monetary penalty amount for violations is the same. As you know, the only food desert in St. Joseph County is only in our City. Also with industrialization, a major concern focuses on colony collapse and other diseases. Local honey bees are always better for any food source needing pollination. There is a local grass roots group, along with Unity Gardens who are willing to help with educational outreach and training. They are also working to raise money so that they can donate two (2) bee keeper suits to the Department of Code Enforcement. Because honey bee keeping may be new to some of you, I am attaching the "List Derek Dieter of Assistance for Bee Keeping in Indiana" which the Indiana Department of At Large e National Resources (DNR) posts on their website, which is referenced in footnote Gavin Ferlic # 4, as well as a drawing of a flyway barrier. At Large I look forward to discussing this with you when it is referred to the Council's Karen L. White Health and Public Safety Committee for review and recommendation, with 2nd & At Large 3rd readings and public hearing proposed for May 29h. Thank you. Tim Scott 1St District Council Member Filed in iCe MAY 8- Z013 CITY CLERK, d ., >�-'(h BEND, IN V a Urban Beekeeping: A Guide to Keeping Bees in the City Author: Craig Hughes ti o FOR INFORMATIONAL PURPOSES ONLY: An example of hive and flyway barrier: Filed Its OffICS MAY 8w ?Q18 cnyCLERK, ZOW h SEND, IN List of Assistance for Beekeeping in Indiana CONTACT FOR PESTS OR DISEASES Kathleen Prough State Apiary Inspector Indiana Department of Natural Resources Division of Entomology & Plant Pathology 402 W. Washington St., Rm W290 Indianapolis, IN 46204 Phone: 317-232-4123 Fax: 317-232-2649 E -mail: kyrouQhAdnr.IN.gov www.IN.%zov/dnr/entomoto Dr. Greg Hunt Honey Bee Specialist Department of Entomology Purdue University West Lafayette, IN 47907 Phone: 765-494-4605 E -mail: hg untna,piirdue.edu www.entm.12urdue.edu/entomology/researchibee USDA BEE DISEASE DIAGNOSIS Bee Research Laboratory Building 476, BARC -East Beltsville, MD 20705 Phone: 301 -504 -8205 Fax: 301 -504 -8736 Main page: bttp://www.ba.ars.usda.jzov si/brl/higbliizhts.htm Directions to send samples in: http://www.ars.usda.jzov/Services/docs.htm?docid=7472 BEEKEEPING ASSOCIATIONS State Associations: There are two state associations. Join both and go to their meetings. Indiana State Beekeeper's Association www.hoosierbuzz.com President: Dave Shenefield, 765 - 981 -4443 Vic President: Larry Kemerly, 317 -539 -7697 Indiana Beekeeping School www.indianabeekeepingschool.com/ Holds a beekeeping class in January Indiana Beekeepers' Association www.indianabeekeoer.com President: Chris Burke, 317 - 835 -2110 Vic President: Kenney Schneider, 812- 951 -3737 Filed :.Offl MAY z 13 y i Crrf CLERk;, s �---- BEND, IN List of Assistance for Beekeeping in Indiana Local Associations: Northern Indiana: Northeaster Beekeepers Association www.Neiba.info Fort Wayne area, and surrounding counties President: Ted Braun, 260- 625 -3477 Northwestern Indiana Beekeepers' Association www.nwibeekeppers.com Crown Point area, and surrounding counties President: Ed Rice, 219- 781 -8526 e -mail: ebrice@j2rodigv..net Michiana Beekeepers Association North Central Indiana & South Central Michigan President: Bob Baughman, 574- 232 -2983 e -mail: bob.deb.bau hman(a),sbcglobal.net Lake Shores Beekeepers Association NW Indiana and SW Michigan Contact: Dave Laney, 574- 656 -8701 e -mail: davelangy@kconline.com Central Indiana: East Central Indiana Beekeepers Association Anderson- Muncie area Contact: Steve Doty, 317 - 485 -5593 e -mail: isdotyaindy.net Sugar Creek Beekeepers Terre Haute- Rockville area contact: Pam or Steve Hauser, 765 -569 -5559 e -mail: steve @,cozynestfarm.com 10 °Clock Bee Line Beekeepers Nashville area, and surrounding counties Contact: Mark Partridge or Tony Gaudin Mark: 812 - 988 -9390 e-mail: indypartridgeaa,aol.com Tony: 812 -597 -1801, e-mail: as audinna,msn.com White Lick Beekeepers Association www. WhiteLickBeekegpers.org Mooresville- Indianapolis area Contact: Randy Morris, 317 - 834 -3575 Wabash Valley Beekeepers West Central Beekeeper's Terre Haute to Bloomfield area, and surrounding counties Lebanon area, and surrounding counties Contact: Perry Riley, 812- 898 -1385 Contact: Mike Schluttenhofer, 765- 482 -4384 e -mail: riley.honey.farm(a gmail.com e-mail: mrschlutt(o)illines.net Central Indiana Beekeepers Noblesville area, and surrounding counties Contact: Sam Dodd, 317- 353 -2475 e -mail: cumberlandel(Wriendly.com Southern Indiana: Southeast Indiana Beekeepers Association www.indianahoney.org Southeaster Indiana area Contact: Jim Orem, 812- 623 -2062 e -mail: ioremAnalu.net Spring Valley Beekeepers South Central Indiana area Contact: Kenny Schneider, 812 - 951 -3737 Southwest Indiana Beekeepers Association Southwestern Indiana area Contact: Kim Fromm, 812- 483 -0453 e -mail: mail i0ouseomthehill.com Filed In Cf. vz.: Off Ice k' MAY 8 ° 2013 E CITY CL IN List of Assistance for Beekeeping in Indiana NATIONAL BEEKEEPER ASSOICIATIONS Heartland Apicultural Society www.heartlandbees.com Eastern Apicultural Society www.eastemppiculture.org American Beekeeping Federation www.abfhet.orjz American Honey Producers Association www.americanhongproducers.org BEEKEEPING JOURNALS, BOOKS & INFORMATION American Bee Journal 217-847-3324 www.dadant.com inforAamericanbeeioumal.com Bee Culture 800-289-7668 www.beeculture.com WicWas Press, LLC 1620 Miller Rd. Kalamazoo, MI 49001 203-435-0238 www.wicwas.com National Honey Board www.hono.com Filed W Iffice MAY 8 - 2013 CITY CLEW , �i 3ENO' IN S() TN 8� City of South Bend CE 4 Common Council M 1865 441 County -City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter June 20, 2013 President Members of the Common Council Oliver J. Davis 4th Floor County -City Building Vice - President South Bend, Indiana 46601 Karen L. White Chairperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large Karen L. White At Large Re: Bill No. 28 -13 Moped Regulations Dear Council Members: (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov e)-y. VV P �) - `2Z —U I request that Bill No. 28 -13 addressing proposed moped regulations be continued to the July 8th Common Council meeting. A brief update will be given at next Monday's Health and Public Safety Committee meeting. Thank you. Best regar Tim Scott 1St District Council Member cc: The South Bend Common Council Mayor Pete Buttigieg Ron Teachman, Chief of Police Filed in y-; A } ^ Office [7JUN 2 0 Z013 C17Y CLERK., SOUTH SEND, IN &Iu 03- BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 13 ENTITLED MOPED REGULATIONS, AND AMENDING SECTION 2 -123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council recognizes that Indiana Code § 36 -8 -2 -4 authorizes the city to "regulate conduct, or use or possession of property; that might endanger the public health, safety, or welfare". The Common Council further recognizes that Indiana Code § 9 -21 -11 sets forth state regulations addressing "bicycles and motorized bicycles ". Last summer, the Indiana Supreme Court upheld the state law regulations addressing "motorized bicycles" which set their maximum speed at twenty -five (25) miles per hour. House Bill 1523 was introduced for consideration by the Indiana General which proposed to amend the current state laws addressing "motorized bicycles ". That proposed legislation dud not pass. A Captain of the Uniform Division of the South Bend Police Department recently brought to the attention of the South Bend Common Council the growing public health and safety concerns involving mopeds. Additionally an increasing number of mopeds are being stolen, and already this year there have been several accidents involving mopeds. Regulations in other Indiana cities have been reviewed including but not limited to the City of Evanville's moped ordinance which took effect in 2010; Terre Haute's moped ordinance which took effect October 1, 2011; Richmond City's ordinance which took effect in 2010; and Kokomo's ordinance which took effect July 1, 2012. This ordinance is believed to be in the best interests of protecting the health and safety of the citizens of the City of South Bend, Indiana, by passing reasonable moped regulations. 91Q, axda&&-d by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 20 of the South Bend Municipal Code shall be amended by the inclusion of new Article 13 which shall read in its entirety as follows: Moped Regulations Ordinance Page 2 Article 13. Moped Regulations. Sec. 20 -130 Definitions. As used in this Article: (a) City shall mean the City of South Bend, Indiana. (b) Bicycle lane or bike lane shall mean a portion of a roadway which has been designated by striping, signing or pavement markings for the preferential or exclusive use of bicyclist peddling any foot - propelled vehicle irrespective of the number of wheels in contact with the ground.' (c) Moped shall man any two (2) or three (3) wheeled vehicle which is propelled by an internal combustion engine or a battery powered motor, and if powered by an internal combustion engine, has the following: 1. An engine rating of not more than two (2) horsepower and a cylinder capacity not exceeding fifty (50) cubic centimeters; 2. An automatic transmission; and 3. A maximum design speed of not more than twenty -five (25) miles per hour on a flat surface. (d) Operator shall mean any person who rides or is in actual physical control of a moped. (e) Rental agency means any person engaged in the business of offering for rental or renting mopeds for use by the public. Sec. 20 -131 Compliance Required.2 (a) Every operator of a moped in the city must comply with the public safety regulations set forth in this Article, and applicable state and federal laws. (b) The parent(s) or guardian(s) of any child under the age of eighteen (18) years of age shall not authorize or knowingly permit any child or ward to violated the provisions of this Article. ' The Manual on Uniform Traffic Control Devices (MUTCD) section 9 addresses standard bike lane markings and signing; and Indiana Code § 9- 13 -2 -14 defines the term bicycle. 2 Indiana Code § 9- 21 -11 -12 through Indiana Code § 9 -21 -14 prohibit any person under the age of fifteen (15) to operate a motorized bicycle; requires permit or licensing over said age; prohibits operation on an interstate highway or sidewalk; prohibits going greater than 25 mph; requires persons under 18 years of age to wear protective headgear, protective glasses, goggles or a transparent face shield with violators committing a Class C infraction. The definition of moped does not include an electric personal assistive mobility device. Moped Regulations Ordinance Page 3 Sec. 20 -132 Annual Registration Required; Fees. (a) All operators of a moped within the City must have the moped owned or operated by them registered annually with the South Bend Police Department. (b) The annual registration form shall be completed in person at the South Bend Police Department headquarters. (c) Such annual registration shall require the name of the owner of the moped; his/her address and telephone number; date of birth of .operator, the make, model and serial number of the moped; and the color, size and other identifying characteristics of the moped. (d) A registration decal shall not be issued until all required items are submitted and reviewed and proper payment is received.. (e) The moped registration fees shall be as follows: $20.00 Initial Registration Fee $15.00 Annual Renewal Registration Fee (f) In the event that verifiable proof by the owner /operator that he /she has completed the ABATE certified motorcycle safety training class within the past six (6) months, the initial registration fee may be waived. The owner /operator shall be required to pay the annual renewal fee thereafter.3 (g) Upon completion of the registration form and payment of the registration fee, the South Bend Police Department shall issue a registration decal which shall be affixed at that time to the moped in a location clearly visible to the police officer upon inspection of said moped. Such registration decal shall remain affixed to the moped at all times for the year in which it has been issued. Sec. 20 -133 Moped Alterations Restricted. The owner, or the parent or guardian of a child who is the owner of a moped, or the operator shall not alter or consent to the alteration of the moped's exhaust system which results in loud exhaust noise and/or greater emissions. Sec. 20 -134 Moped Operating Regulations. (a) Every person operating a moped shall obey all applicable motor vehicle and traffic regulations of the State of Indiana and all traffic ordinances of the City. 3 The Indiana Bureau of Motor Vehicles (BMV) offers classes conducted through Abate of Indiana, Inc. http /www.abateofmdiana.org / 4 Indiana Code § 9 -21 sets forth regulations addressing compliance with traffic control devices, speed limits, operation, etc. and Indiana Code § 9- 21 -11 -1 through Indiana Code § 9- 21 -11 -14 sets forth bicycle and motorized bicycle regulations. Moped Regulations Ordinance Page 4 (b) No person shall operate a moped upon any public sidewalk. (c) Tail and brake lights are required on all mopeds and shall remain operable at all times while the moped is in operation, with the headlamp having an intensity to illuminate a distance of not less than one hundred feet (100'). (d) No passengers are permitted on any moped operated within the City. (e) No moped shall be operated in any bicycle lane or bike lane within the City. Sec. 20 -135 Rental Agency Compliance Required. (a) A rental agency shall not rent or offer any moped for rent unless it has been registered and in compliance with Section 20 -132. Each moped must be equipped with the tail and brake lights regulations as required in this Article. A rental agency shall make available protective headgear with or without a transparent face shield and protective glasses or goggles as required by state law for all persons under the age of eighteen (18) years of age; as well as the opportunity to purchase liability and/or personal injury insurance coverage. (b) A rental agency shall not rent or offer any moped for rent to anyone under the age of fifteen (15) years of age. (c) A rental agency shall not rent or offer any moped for rent to any minor between the ages of fifteen (15) and eighteen (18) years of age unless: (1) The minor has identification verifying that he or she is over the age of fifteen (15) ; and (2) The minor's parent or guardian signs the rental agreement. Sec. 20 -136 Enforcement of Moped Regulations; Penalties. (a) Any sworn member of the South Bend Police Department has the authority to enforce these Moped regulations. (b) An ordinance citation shall be issued for any violation of the provisions of this Article, which shall subject the violator to a fine of twenty -five dollars ($25.00) for the first violation, and a fifty dollar ($50.00) fine for each violation thereafter. Said fines shall be paid through the Ordinance Violations Bureau. (c)A moped may be subject to impound until violations are remedied to the satisfaction of the South Bend Police Department. (d) Dedication of Fines/Fees Collection: Fifty percent (50 %) of all fines and fees Moped Regulations Ordinance Page 5 collection for any .violation of this Article shall be deposited into the Law Enforcement Continuing Education Fund (Fund # 220). Section III. Chapter 2, Article 19, Section 2 -213 of the South Bend Municipal Code shall be amended by the inclusion of the following and inserted into the chart in proper numerical order: 20 -136 Moped Regulations $25.00/$50.00 Section IV. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. 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. Office of the City Clerk Karen L. White, Council Member at Large Tim Scott, 1" District Council Member ao.. Derek D. Dieter, Council Melnber at Large 81gimng 01 V t a to oin'y too rm"sO'lAde an Como,'! ac-'V.'n Gal iI IIJ Issue, r' Moped Regulations Ordinance Page 6 �'xied me of y� �iut! �'aru�! �ndia�zas on the 2013 at o'clock _. m. on t,_�® -t,3 PUBLIC HEAR19d 3 rd READING NOT APPROVED &IEf% ED 01= Office of the City Clerk day of , 2013 at o'clock _.m. Pete Buttigieg Mayor of the City of South Bend, Indiana day of Filed I" C. 4 Mice JUN -3 2U13 CITY CLERK, BCOU rfii SEND, IN Derek D. Dieter President Oliver J. Davis Vice- President Karen L. White Chairperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlic Fourth District City of South Bend Common Council 441 County -City Building . 227 W. Jefferson Blvd (574) 235 -9321 South Bend, Indiana 46601 -1830 Fax (574) 235 -9173 June 3, 2013 http: / /wwwsouthbendin.gov Members of the Common Council 4d` Floor County -City Building South Bend, Indiana 46601 Re: Proposed Moped Regulations Dear Council Members: In 2010, the City of South Bend was awarded "Bicycle Friendly Community" status by the League of American Bicyclists. Our city is one of 242 communities in the United States who have received this status for its "remarkable commitments to bicycling ". On March 11, 2013, the South Bend Common Council passed Ordinance No. 10223 -13. That ordinance established local safety regulations when passing bicycles when operated in the City of South Bend city limits. David Varner As of this year, the City's website "Bike South Bend" notes that the city has Fifth District approximately 62.4 miles of bicycle lanes or routes established within the city Oliver J. Davis limits which consist of multi - purpose paths separated by streets (15.0 miles) Sixth District striped bike lanes (16.5 miles) and other designated on- street routes (30.9 miles). Derek D. Dieter perhaps due to the rising gasoline prices and an increasing focus on "going At Large green ", South Bend like many other communities, is experiencing a growing Gavin Ferlic number of persons operating mopeds. Unfortunately, some of the headlines this At Large month published by the news media have been "8- Year -Old Run Over by Moped" Karen L. White and "Moped Crash Tuesday Afternoon Leaves Man Dead ". At Large We are introducing the attached proposed ordinance. It is aimed at helping protect the health, safety and welfare of our residents. We have collaborated with the City Administration so that the best possible regulations are being proposed. We have additionally reviewed regulations which have been in effect in some other 2nd class Indiana cities. Cover Letter to Proposed Moped Ordinance June 3, 2013 Page 2 We request that this Bill be sent to the Health and Public Safety Committee for review and a favorable recommendation. In the interest of promoting public safety, we look forward to discussing it with you. Thank you. Most in rely, Kar n L. White, Chairperson Health and Public Safety Committee Council Member at Large Tim , asrperson Residential Neighborhoods Committee 1St Distri Coun 'l mber C 1 Derek D. Dieter, Council President Council Member at Large Attachment Filed in C, , _ office JUN - 3 2013 CITY CLERK, t iUu fh SEND, IN E, t � P 0, I'l --0 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 19, ARTICLE 61, SECTION 19 -61(a) OF THE SOUTH BEND MUNICIPAL CODE AS TO LIMITED SALE OF ALCOHOLIC BEVERAGES IN PUBLIC PARKS STATEMENT OF PURPOSE AND INTENT The City of South Bend Department of Parks & Recreation has been authorized for many years by the Indiana Alcohol & Tobacco Commission (ATC) to sell alcoholic beverages, including liquor, within its municipal golf course club houses, Elbel and Erskine, although it has not previously done so. The regulated service of liquor beverages within golf course club houses, and often, upon the golf courses themselves, is fairly common practice within the golf industry generally, and would be welcome and desirable by the users of the City's municipal golf courses, Furthermore, restricted sales of liquor beverages has occurred for some time at the Blackthorn Golf Course, also owned by the City, but managed through the South Bend Redevelopment Commission, and it is appropriate to have uniformity in the operation of all golf courses owned by the City of South Bend. To achieve this purpose, an amendment of South Bend Municipal Code Chapter 19, Article 61, Section 19 -61(a) is required. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 19, Article 61, Section 19 -61(a) of the South Bend Municipal Code be and hereby is amended to read in its entirety as follows: Section 19 -61— Alcoholic beverages and controlled substances (a) It shall be unlawful for any person, while within any City park, to: (1) Consume or possess any alcoholic beverage other than beer or wine except that beer, wine and liquor may be purchased for consumption in areas designated by the Board at the Elbel and Erskine golf courses-, (2) Consume, or possess an open container of beer or wine at any location other than: Areas designated by the Board as picnic, dining or concession areas, and then only with the written permission of the Board; With respect to beer, wine and liquor, such areas at Elbel and Erskine golf courses as designated by the Board, and with conspicuous posting of alcoholic beverage regulations at both such golf courses; (3) Sell, barter, trade or exchange an alcoholic beverage; except for those authorized agents and employees of the Board at those concession areas designated by the Board for such purposes; (4) Possess a controlled substance; (5) Be under the influence of alcohol or a controlled substance. Section II. This Ordinance shall be in full force and effect from and after adoption by the Common Council and approval by the Mayor. k" Member, South Bend Common CouYcil F�3' b Y 9j Attest: �' I r� , Sri oil t1lis issue 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. READING UBLIC. TEARING I rd READ1h,,G 40T APPROVED tEFERRED PASSED City Clerk day of 2 , at Mayor, City of South Bend, Indiana Filed I ±...''' "§ ce JUN t� 4013 SEND, IN Pete Buttigieg; Mayor June 5, 2013 . x i I'll, 11 ail "g �.s. 7) ;fit svf � z\ j i( » . •° v �. t ( � havi Rv y(; �� ivy � a ' z 4 s at<lrc t iw iv > �� .+x ��rr^ >5 •;x...4! }, S(; ur< y' 2`; n��5, ter. z Mr. Derek Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 411 floor South Bend, Indiana 46601 Fxecutive Director Phillip L. St. Clair JUN Re: Ordinance of the Common Council- Amending Chapter 19, Article 61, Section 19 -61(a) Of The South Bend Municipal Code As To Limited Sale Of Alcoholic Beverages In Public Parks Dear President Dieter, Please find attached a bill amending the South Bend municipal code to allow the sale of liquor at the municipal golf courses of South Bend. Mr. Randy Nowacki, Director of Golf and I will be happy to present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for first reading on June 10, 2013 with second reading and public hearing, as well as third reading scheduled for June 24, 2013. This ordinance will allow the sale of liquor at Elbel and Erskine Park Golf Courses, which are currently limited to beer and wine sales. The sale of liquor is a common practice at golfing facilities nationally and locally. Most local courses, including Blackthorn, have this option available to their patrons. The golf courses currently possess a three -way alcohol license, but are prohibited from liquor sales by municipal code. This ordinance will amend that section of the code to allow liquor sales. Thank you for your attention to this request. If you have any questions regarding this matter, please feel fee to contact me at your convenience. Sincerely, Phil St. Clair Executive Director Department of Parks and Recreation South Bend, Indiana CC: Mayor Pete Buttigieg Chief of Staff Mike Schmuhl City Controller Mark Neal ,t t,• ui i v �-o� ��wi �e a�e�s� +e�dse ref nxl iniweir 321 East Walter Street - South Bend, Indiana 46614 - 574- 299 -4765 Parks Administration Fax 299 -4783 - Recreation Fax 299 -4784 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE TOTAL SUM OF $34,250.00 WITHIN CITY GENERAL FUND #101 FOR A NEW EMPLOYEE POSITION AND FOR PROFESSIONAL ASSOCIATION DUES STATEMENT OF PURPOSE AND INTENT The Common Council is amending the 2013 Salary Ordinance ( #10199 -12) to add the new position of "Diversity Compliance Officer ", a full time, 32 hour per week position. It is necessary to appropriate funds to support the salary and benefits of this employee for the remainder of calendar year 2013 in the sum of Twenty Nine Thousand Two Hundred Fifty Dollars ($29,250.00). As part of the City's efforts to increase minority participation in the City of South Bend's public bidding opportunities, and in the provision of goods and services to the City, it is important for the City to join and participate in certain professional organizations which provide resources and support for diversity development, the dues for which total five thousand dollars ($5,000.00). These organizations are the Indiana Minority Supplier Development Council and the Women's Business Enterprise Council. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The sum of $29,250.00 is hereby appropriated and set aside within the Administration and Finance Department of the City General Fund #101 for the purpose of funding the salary and benefits for a new employee position within the City, that is, the Diversity Compliance Officer for the remainder of calendar year 2013. SECTION II. The sum of $5,000.00 is. hereby appropriated and set aside within the Administration and Finance Department of the City General Fund #101• for the purpose of membership fees in and expenses for professional associations which furnish resources and support for diversity development, namely, the Indiana Minority Suppliers Development Council and the Women's Business Enterprise Council. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: Member, South Bend Common Council o of !.6 � Fy FF D C„lit t5, �.:v € L'.. i,'" CW f�.4 Lei'),','• Opp A hearintg and aVVidndl action 01 E its issue, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2, at o'clock M., City Clerk Approved and signed by me on the day of 2 at I. —o'clock, _ M. I sf RMDJK((G S _ c 3 PUBLIC HEARINC 3.rd READING NOT APPROVED REFERRED PASSED Mayor, City of South Bend, Indiana Filed In Clark M A.Y 2 9 2 0 113 .-J j0k" voofkk.A� CITY Cwu, Swrm sai%D. IN 120ON CouNTr -QTr BulLDJNG 227 W. JEFFERSON BLVD. SouTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE B=GIEG, MAYOR PHONE 574/235 -9216 FAx 574/235 -9928 DEPARTMENT OF .ADMINISTRATION AND FINANCE May 29, 2013 Mr. Derek Dieter President, South Bend Common Council 4'h Floor, County -City Building South Bend, IN 46601 Re: Ordinance Appropriating Funds for Diversity Compliance Officer Salary and Professional Organization Fees and Ordinance Amending the 2013 Salary Ordinance to Add the Position of Diversity Compliance Officer Dear President Dieter: Attached are amended copies of the above - referenced Ordinances. The requests are amended to increase the position from part time (25 hours /week) to full time (32 hours /week) in the Salary Ordinance and increase the cost of the position to $29,250 in 2013. The additional $5,000.00 from the General Fund to cover costs of membership in two important, diversity related professional organizations remains unchanged for a total of $34,250 from the General Fund. After further review of responsibilities for the Diversity Compliance Officer, the increase to a 32 hour /week status is required to successfully accomplish the development of Minority and Women Business Enterprise relations with the City procurement process, sustain those same relationships, and to develop operational tools required to monitor and support the entire diversity purchasing initiative. The ordinances (attached) will need to be re- advertised because the dollar amount of the appropriation has increased over the originally advertised sum. The City Administration believes that the amendment and appropriation will help South Bend achieve its goal of increased diversity development in City contracts, and hopes that the Council will approve both Ordinances. Thank you for your consideration of these matters. Flied 10 101k's mice �o.vmnx!v,.�.,m.NwY.�mry Sincerely, MAY k N 13 tt Mark W. Neal CRY CLERK, �� ND, IN City Controller 2�-O ORDINANCE NO. A THIRD ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013, STATEMENT OF PURPOSE AND INTENT The Common Council approved Ordinance No 10199 -12 establishing the 2013 maximum salary and wages for all non - bargaining employees of the City of South Bend, Indiana on October 29, 2012. This Salary Ordinance was previously amended at the Council's meeting on January 28, 2013 as Ordinance # 10220 -13 to correct an error contained in the salary for the Financial Specialist IV position that had been carried forward since 2011. It was further amended on February 25, 2013 as ordinance # 10222 -13 to add two mayoral staff positions and to adjust salaries for certain Police Communications Center personnel. Salary Ordinance #10199 -12 again requires modification to provide a new position titled "Diversity Compliance Officer." This position was contemplated by the Common Council's Minority and Women Business Enterprise Diversity Development Ordinance, passed by the Common Council April 11, 2011 (as substituted), Ordinance #10081 -11, codified at Article 1, Chapter 14.5 of the South Bend Municipal Code. The funding for this salary ordinance amendment will be through appropriation from the General Fund by separate ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I: Amendment to Ordinance 10199 -12 (a) The City of South Bend Salary Ordinance ( #10199 -12) is hereby amended to create one new full time position (32 hours per week) within the City of South Bend, Indiana, titled Diversity Compliance Officer with corresponding maximum compensation to be paid in Calendar Year 2013 as set forth in Exhibit A which is attached hereto and incorporated herein. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Co it Sknioung of Call w;u is Only g) pr," 1u "'!Y f i}r ti e .�a� heafing :sF d CAuncii actim Cori this issue; Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2012, at o'clock _ . m. City Clerk Approved and signed by me on the day of o'clock . m. 5-c 1 -0 1 s# READING PUBLIC. HEARING 3 rd READING NOT APPROVED REFERRED PASSED , 2012, at Mayor, City of South Bend, Indiana Fii In Office �i FM Y 1E 13 CITY CLERK, SOU'r14 UND,1k 120ON COUNTY -CITY BuuDING 227 W.]EFFERSON BLvD. SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR PxoNE574 /235 -9216 FAX 574/235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE May 29, 2013 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: Ordinance Appropriating Funds for Diversity Compliance Officer Salary and Professional Organization Fees and Ordinance Amending the 2013 Salary Ordinance to Add the Position of Diversity Compliance Officer Dear President Dieter: Attached are amended copies of the above - referenced Ordinances. The requests are amended to increase the position from part time (25 hours /week) to full time (32 hours /week) in the Salary Ordinance and increase the cost of the position to $29,250 in 2013. The additional $5,000.00 from the General Fund to cover costs of membership in two important, diversity related professional organizations remains unchanged for a total of $34,250 from the General Fund. After further review of responsibilities for the Diversity Compliance Officer, the increase to a 32 hour /week status is required to successfully accomplish the development of Minority and Women Business Enterprise relations with the City procurement process, sustain those same relationships, and to develop operational tools required to monitor and support the entire diversity purchasing initiative. The ordinances (attached) will need to be re- advertised because the dollar amount of the appropriation has increased over the originally advertised sum. The City Administration believes that the amendment and appropriation will help South Bend achieve its goal of increased diversity development in City contract d hopes that the Council will approve both Ordinances. Rled A 9i Cif• Thank you for your consideration of these matters. Sincerely, 10 jV Mark W. Neal ,1I1� City Controller 6-J� ORDINANCE NO. A FOURTH ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013. STATEMENT OF PURPOSE AND INTENT The Common Council approved Ordinance # 10199 -12 establishing the 2013 maximum salary and wages for all non - bargaining employees of the City of South Bend, Indiana on October 29, 2012. This Salary Ordinance has been amended three times: (1) at the Council's meeting on January 28, 2013 as Ordinance #10220 -13 to correct an error contained in the salary for the Financial Specialist IV position that had been carried forward since 2011; (2) on February 25, 2013 as Ordinance #10222 -13 to add two mayoral staff positions and to adjust salaries for certain Police Communications Center personnel, and (3) most recently, to provide a new position titled "Diversity Compliance Officer." At this time the South Bend Potawatomi Zoo (the Zoo) is engaged in obtaining renewal of its accreditation, a process that requires strong Zoo leadership. The Zoo does not presently have a permanent Director, and is competing with other zoos across the country to attract a highly skilled, experienced Director. To enhance the ability of the Zoo to successfully renew its accreditation and to assure that the Zoo maintains its high quality of service to the citizens of South Bend, an increase is needed in the compensation paid to the Zoo Director and the Zoo Veterinarian within the 2013 Salary Ordinance #10199- 12. This ordinance provides for a salary increase to these key Zoo personnel positions. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I: Amendment to. Ordinance 10199 -12 (a) The City of South Bend Salary Ordinance ( #10199 -12) is hereby amended to increase the maximum compensation to be paid in Calendar Year 2013 for the positions of Zoo Director and Zoo Veterinarian as set forth in Exhibit A which is attached hereto and incorporated herein. SECTION 11: This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: Member of the Common Coqcil of V C, -�or ptAic iiaariq and City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2013, at o'clock . m. City Clerk Approved and signed by me on the day of 2013, at o'clock —. m. Mayor, City of South Bend, Indiana FIWO ws offke 9 Jokk CITY MERK., 40,J-1,R brwo, IN I st READING S-�C�--1 3 PUBLIC HEARING 3 rd READING NOT APPROWD REFERRED PASSED, 6- 6. 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X L 40- 44.2 @� / E ) cko LD MC { k -0 lk \ /. �) g0 - -.$ 2e 2 �E2E$a 7 �7 om ©a& ~# C'. -a . , m/ \k\ §� d-o- f§�`7fki2 �©° ® o� /k /$ -Ezmm & ,��2— k f R] /'i- 0" e� k��� -0 p. 2 a � 2 2 m C %l � � k ( � cx.,E 2f««ksk7)8cC' \(�0kfk%(\ §/% Q k - � C co m %j & % \ k / § k \ i / § \ } 2 f £ k $ \ £ k k / � ) � � � k � { f CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR OFFICE OF THE MAYOR May 22, 2013 President Derek D. Dieter South Bend Common Council 4th Floor County -City Building South Bend, IN 46601 Dear Council President Dieter: As the state of Indiana's oldest zoo, the Potawatomi Zoo is a terrific city asset and a popular regional destination for people of all ages. With engaging exhibits, a diverse animal collection, numerous educational opportunities, a dedicated staff, and special events, the Potawatomi Zoo is a place that needs to operate under the highest standards. Since I have been in office, the zoo has been under the supervision of an interim director and our veterinary services are now conducted on a contractual basis. This is solely due to the low salary levels that are currently in place for these two positions. The administration strongly believes that the recruitment of a zoo director and zoo veterinarian are vital to the continued and future success of the Potawatomi Zoo. This is especially important now because the zoo will commence its reaccreditation process next year through the Association of Zoos & Aquariums (AZA). As such, the administration is filing an amendment to the salary ordinance today for first reading on May 29, 2013. To make the pay competitive —based on enclosed AZA data —the zoo director's salary is proposed for a range of $91,000 496,000 and the zoo veterinarian's salary is proposed for a range of $78,000- $83,000, in order to conform with general norms for a city our size. The City remains open to further conversation with the Potawatomi Zoological Society on a potential public - private partnership in the future, but the administration believes focusing on strong leadership in the short-term is the best course of action for zoo staff, our animal collection, and the residents and families of our community who enjoy visiting the zoo. 1400 COUNTY -CITY BUILDING - 227 W. JENTERSON BOULEVARD • SOUTH BEND, INDIANA 46601 PHONE 574/235 -9261 • FAx 574/235..9892 • TTD 574/235 -5567 The administration, including Parks and Recreation Executive Director Phil St. Clair and City Controller Mark Neal, looks forward to discussing this ordinance and its objectives with Council Members in the coming weeks. Thank you for your consideration of this ordinance. Sincerely, Pete Buttigieg, M City of South Bend CC: South Bend Common Council Phil St. Clair, Executive Director, South Bend Parks and Recreation Mark Neal, City Controller Filet! in Clerk's Office "Ir ftgft siou BOND, IN TABLE OF CONTENTS Page Number HeadVeterinarian ...................................................................... .............................70 StaffVeterinarian ....................................................................... .............................71 Animal Health Care Technician ................................................ ............................... 72 Registrar................................................................................... ............................... 73 TopEducation Position ............................................................ ............................... 74 Second Level Education Position ............................................. ............................... 75 Educator................................................................................... ............................... 76 TopDesign Position .................................................................. ............................... 77 GraphicDesigner ........................................................................ .............................78 Top Guest Services Position ..................................................... ............................... 79 Top Food Services Position ...................................................... ............................... 80 Food Services Supervisor ........................................................... .............................81 FoodServices Technician ........................................................... .............................82 Top Merchandising Position ........... :. 83 ..................... ............................... TopFacilities Position ................................................................ .............................84 Craftsman /Maintenance Worker ............................................... .............................85 Custodian /Janitor/ Housekeeper .............................................. ............................... 86 ExhibitFabricator ....................................................................... .............................87 Grounds Manager / Horticulturist ............................................... .............................88 Groundskeeper........................................................................ ............................... 89 TopSecurity Position ............................................................... ............................... 90 ChiefFinancial Officer .............................................................. ............................... 91 Controller /Director of Accounting ........................................... ............................... 92 Top Human Resources Position ............................................... ............................... 93 Human Resources Generalist ................................................... ............................... 94 Top Information Technology Position ..................................... ............................... 95 WebsiteAdministrator ............................................................. ............................... 96 Government Affairs (Relations) Manager ................................. ............................... 97 Top Development Position ...................................................... ............................... 98 Second Level Development Officer .................................................. :..................... 99 SpecialEvents Manager ............................. ............................... ............................100 VolunteerManager .................................... ............................... ............................101 MembershipManager ............................... ............................... ............................102 TopMarketing Position .............................. ............................... ............................103 Top Communications Position .................... ............................... ............................104 Second Level Marketing /Communications Manager ............... ............................105 Conservation Director ................................ ............................... .............:..............106 ResearchSpecialist ........................................................... ............................... ........107 Appendix A —About PRM Consulting Group ............... ............................... ............................108 Appendix B — Request for Comments and Suggestions .............................. ............................109 Exhibit 4 Association of Zoos & Aquariums Summary of Base Salaries Reported for Survey Positions Number Number Annual Base Salary of of 25th 75th 90th Average Survey Position Organi- Incum- %ile Mean Median %ile %ile Tenure zations bents ($000) ($000) ($000) ($000) ($000) (Years) Executive Director /CEO 112 112 $89,813 $173,115 $145,000 $227,000 $304,500 10.6 Chief Operating Officer 53 66 79,580 119,424 120,000 140,895 187,889 10.6 Chief Administrative Officer 35 35 84,711 119,698 104,358 145,101 176,219 7.8 Executive Director, Zoo /Aquarium Society 21 25 89,000 126,934 127,887 165,000 225,000 11.7 General Curator 93 100 57,750 82,769 76,809 98,280 135,000 8.4 Curator 72 237 49,000 60,347 58,780 70,545 81,330 10.0 Area Supervisor /Supervisory Keeper /Head Keeper 76 401 34,455 43,146 40,916 49,555 58,983 9.1 Senior Keeper 77 1,084 29,396 38,119 37,565 44,200 52,700 8.5 Keeper 88 2,213 22,500 25,074 26,407 30,429 35,664 5.7 Senior Life Support Engineer 24 34 42,546 55,929 55,663 61,261 69,010 8.8 Life Support Engineer 19 35 34,466 42,622 42,889 51,846 55,981 5.3 Life Support and Water Quality Technician 29 66 33,000 38,880 36,100 45,039 53,367 4.7 Senior Aquarist /Marine Mammal Specialist 24 98 32,137 39,433 37,105 48,318 57,173 7.7 Aquarist /Marine Mammal Specialist 31 174 27,000 33,861 32,817 40,123 44,200 4.8 Assistant Aquarist /Marine Mammal Specialist 17 61 21,000 23,358 22,064 27,514 28,378 1.2 Animal Trainer Supervisor 21 27 38,000 46,318 42,000 52,676 68,050 9.1 Animal Trainer 22 123 26,000 30,857 28,000 35,164 44,650 2.8 Head Veterinarian 60 64 78,000 93,574 88,150 103,370 115,727 8.5 Staff Veterinarian 57 93. 60,000 68,661 68,873 75,315 88,802 4.8 Animal Health Care Technician 71 166 32,350 37,758 36,000 40,634 48,500 6.4 Registrar 71 76 34,593 42,854 40,000 47,315 58,563 10.3 Top Education Position 94 99 46,130 66,366 61,068 82,509 99,100 7.2 Second Level Education Position 73 151 33,440 44,975 41,500 54,607 66,523 5.0 Educator 82 516 25,039 30,875 29,318 33,975 44,920 4.0 Top Design Position 34 34 52,937 72,179 63,000 80,325 105,785 7.7 Graphic Designer 57 80 36,650 45,345 41,000 46,750 62,411 7.1 Top Guest Services Position 78 81 40,523 66,148 58,050 83,338 96,943 6.7 Top Food Services Position 30 30 39,625 58,571 56,301 69,167 90,100 6.9 -47- Exhibit 5 Association of Zoos & Aquariums Summary of Total Cash Reported for Survey Positions Number Number Annual Total Cash Of of 25th 75th 90th Average Survey Position Organi- Incum- %ile Mean Median %ile %ile Tenure zations bents ($000) ($000) ($000) ($000) ($000) (Years) Executive Director /CEO 112 112 $90,000 $180,206 $151,357 $245,291 $329,330 10.6 Chief Operating Officer 53 66 79,580 124,148 120,269 154,000 189,721 10.6 Chief Administrative Officer 35 35 84,711 123,078 104,358 150,000 192,599 7.8 Executive Director, Zoo /Aquarium Society 21 25 95,000 128,797 127,887 165,000 235,000 11.7 General Curator 93 100 58,504 85,209 79,264 98,280 139,338 8.4 Curator 72 237 49,450 60,505 58,780 70,545 81,330 10.0 Area Supervisor /Supervisory Keeper /Head Keeper 76 401 34,875 43,253 40,916 49,558 58,983 9.1 Senior Keeper 77 1,084 29,396 38,151 37,565 44,200 52,700 8.5 Keeper 88 2,213 22,500 25,088 26,407 30,429 35,664 5.7 Senior Life Support Engineer 24 34 42,546 55,982 55,816 61,261 69,010 8.8 Life Support Engineer 19 35 34,466 42,622 42,889 51,846 55,981 5.3 Life Support and Water Quality Technician 29 66 33,000 38,886 36,100 45,039 53,367 4.7 Senior Aquarist /Marine Mammal Specialist 24 98 32,137 39,595 37,769 48,318 57,173 7.7 Aquarist /Marine Mammal Specialist 31 174 27,450 33,932 32,817 40,123 44,200 4.8 Assistant Aquarist /Marine Mammal Specialist 17 61 21,000 23,376 22,064 27,514 28,378 1.2 Animal Trainer Supervisor 21 27 38,000 46,388 42,000 52,676 68,050 9.1 Animal Trainer 22 123 26,000 30,884 28,000 35,164 44,650 2.8 Head Veterinarian 60 64 78,023 93,659 88,150 103,370 115,727 8.5 Staff Veterinarian 57 93 60,000 68,788 68,873 75,315 88,802 4.8 Animal Health Care Technician 71 166 32,670 37,866 36,000 40,634 48,500 6.4 Registrar 71 76 34,693 42,955 40,000 49,007 60,777 10.3 Top Education Position 94 99 46,130 66,620 61,068 82,509 99,100 7.2 Second Level Education Position 73 151 33,440 45,015 42,313 54,607 66,523 5.0 Educator 82 516 25,039 30,911 29,318 33,975 44,920 4.0 Top Design Position 34 34 52,937 72,179 63,000 80,325 105,785 7.7 Graphic Designer 57 80 36,650 45,345 41,000 46,750 62,411 7.1 Top Guest Services Position 78 81 40,846 66,962 59,411 83,338 98,128 6.7 Top Food Services Position 30 30 39,625 61,214 57,161 73,750 92,034 6.9 -49- Executive Director /CEO Serves as the senior executive, with responsibility for the overall performance and planning of the institution. Reports to and works with the Board of Directors, and oversees the planning and implementation of the institution's mission, policies, strategies, plans and organizational culture. Directs the development and execution of the institution's strategic and operating plans, goals and budget. Assumes primary responsibility for the institution's human and financial resources, collection, facilities, and other resources. Serves as the institution's principal spokesperson with key publics, including community leaders, funders, regulators, and professional peers. Reports to the Board of Directors /Trustees. Number Number Annual Base Salary of of 25th 75th 90th Average Organi- Incum- %ile Mean Median %ile %Ile Tenure zations bents ($000) . ($000) ($000) ($000) ($000) (Years) SUMMARY 112 112 $ 89,813 $ 173,115 $ 145,000 $ 227,000 $ 304,500 10.6 INSTITUTION TYPE Aquarium 16 16 83,102 125,607 124,564 142,444 213,910 8.3 Zoo 68 68 86,324 180,164 149,607 239,451 332,868 11.0 Combined Zoo and Aquarium 11 11 123,934 222,542 235,000 295,000 325,000 9.1 Other 17 17 102,086 157,651 150,000 177,735 237,781 12.4 REGION /ANNUAL BUDGET Northeast /Middle Atlantic 18 18 114,975 160,291 138,865 200,936 262,790 14.5 Less than $2.0 mm 4 4 -- 140,244 138,865 -- -- 10.3 $2.0 mm - $4.9 mm 4 4 -- 127,901 134,283 -- -- 26.4 $5.0 mm - $9.9 mm 2 2 -- -- -- -- __ $10.0 mm - $19.9 mm 4 4 - 254,925 274,850 - -- 19.7 $20.0 mm or more 4 4 -- 131,255 120,710 -- -- 7.5 Southeast /South 30 30 89,438 170,584 151,225 248,751 283,998 13.4 Less than $2.0 mm 3 3 -- -- -- -- -- $2.0 mm - $4.9 mm 6 6 146,738 175,137 155,749 187,812 -- 20.6 $5.0 mm - $9.9 mm 6 6 122,861 197,474 243,800 256,771 - 11.9 $10.0 mm -$19.9 mm 10 10 89,438 184,855 179,853 274,165 302,981 14.5 $20.0 mm or more 5 5 -- 99,745 115,375 -- -- 7.0 Midwest 28 28 77,379 157,708 106,375 223,744 349,545 10.6 Less than $2.0 mm 7 7 68,500 184,571 76,000 300,000 -- 11.9 $2.0 mm - $4.9 mm 5 5 -- 130,686 90,000 -- -- 9.1 $5.0 mm - $9.9 mm 2 2 -- -- - $10.0 mm - $19.9 mm 4 4 -- 106,748 74,000 -- -- 3,7 $20.0 mm or more 10 10 108,868 185,528 143,935 228,750 353,791 14.2 Far West /Pacific Northwest 19 19 118,855 181,961 145,000 185,828 262,000 6.9 Less than $2.0 mm 4 4 -- 152,721 153,483 -- -- 3.3 $2.0 mm - $4.9 mm 1 1 -- -- -- $5.0 mm.- $9.9 mm 5 5 -- 209,250 140,688 - -- 5.4 $10.0 mm - $19.9 mm 2 2 $20.0 mm or more 7 7 123,543 198,750 159,120 202,500 -- 7.4 Southwest 17 17 145,000 206,652 216,600 285,000 335,000 5.9 Less than $2.0 mm 1 1 $2.0 mm $4.9 mm 3 3 $5.0 mm - $9.9 mm 5 5 -- 160,000 135,000 -- -- 6.0 $10.0 mm - $19.9 mm 7 7 197,500 256,429 285,000 307,500 -- 5.9 $20.0 mm or more 1 1 -- -- -- -53- Head Veterinarian Oversees, usually in a larger institution, other veterinarians in the administration of routine preventive and emergency medical care for the animal collection. Observes, tests and otherwise monitors the health of the collection; and prescribes medication, diet or other forms of care. Participates in planning and managing the breeding program. Typically a DVM with at least eight years experience in veterinary care. If you have only one veterinarian on staff and that person has eight or more years of veterinary experience, report that position here. Number Number Annual Base Salary of of 25th 75th 90th Average Organi- Incum- %ile Mean Median %ile %ile Tenure zations bents ($000) ($000) (S000) (Sono) (Soon) /Years) SUMMARY 60 64 $ 78,000 $ 93,574 $ 88,150 $ 103,370 $ 115,727 8.5 INSTITUTION TYPE Aquarium 10 10 72,750 85,336 80,000 87,727 97,397 8.9 Zoo 32 34 77,000 89,778 88,150 103,370 111,942 7.6 Combined Zoo and Aquarium 6 6 86,130 95,579 96,722 108,011 -- 13.0 Other 12 14 79,859 109,557 92,565 109,948 146,327 8.5 REGION /ANNUAL BUDGET Northeast /Middle Atlantic 11 it 80,760 98,617 97,863 106,075 122,273 9.5 Less than $2.0 mm 3 3 -- -- -- -- __ -_ $2.0 mm - $4.9 mm 1 1 -- -- -- -- __ _ $5.0 mm - $9.9 mm 1 1 $10.0 mm - $19.9 mm 4 4 -- 104,861 94,144 -- -- 3.6 $20.0 mm or more 2 2 -- -- -- -- __ __ Southeast /South 16 20 72,298 92,611 80,000 94,054 107,192 9.5 Less than $2.0 mm 2 4 -- -- -- -- __ __ $2.0 mm - $4.9 mm 4 6 -- 123,287 80,633 -- -- 12.0 $5.0 mm - $9.9 mm 3. 3 -- -- -- $10.0 mm - $19.9 mm 5 5 -- 82,687 80,000 -- -- 13.6 $20.0 mm or more 2 2 - -- -- -- __ Midwest 10 10 79,220 83,456 86,690 89,575 112,500 6.8 Less than $2.0 mm 3 3 -- -- -- -- __ __ $2.0 mm - $4.9 mm 2 2 - - -- $5.0 mm - $9.9 mm 0 0 $10.0 mm - $19.9 mm 1 1 -- -- -- $20.0 mm or more 4 4 -- 89,220 84,439 -- -- 6.6 Far West /Pacific Northwest 12 12 79,436 96,250 83,077 97,384 144,100 8.9 Less than $2.0 mm 2 2 -- -- ,- -- __ __ $2.0 mm - $4.9 mm 1 1 - -- -- -- __ $5.0 mm - $9.9 mm 4 4 - 81,179 79,957 -- -- 5.5 $10.0 mm - $19.9 mm 1 1 -- - -- -- __ $20.0 mm or more 4 4 -- 110,378 98,256 -- -- 6.5 Southwest 11 11 90,364 96,209 94,000 108,630 112,000 7.3 Less than $2.0 mm 1 1 -- -- -- __ __ __ $2.0 mm - $4.9 mm 1 1 -- -- -- $5.0 mm - $9.9 mm 3 3 -- -- -- __ -- $10.0 mm - $19.9 mm 6 6 89,847 96,742 91,665 106,548 -- 6.2 $20.0 mm or more 0 0 -- -- -- -70- yl-M RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THE ESTABLISHMENT OF A 5 -YEAR ACTION PLAN FOR THE REVITALIZATION AND PRESERVATION OF THE HISTORIC CITY CEMETERY the Common Council of the City of South Bend, Indiana, acknowledges that South Bend founders, Alex Coquillard and Lathrop Taylor, donated the land which became South Bend's oldest 1cemetery - located just west of the downtown at LaPorte Avenue along the north and its main entrance off Elm Street which is today located just outside and northwest of the West Washington National Register District; and the Common Council notes that the first recorded burial was Peter Roof, a Revolutionary War veteran in 1831; followed by burials of prominent African - American families such as the Bryants and Powells, with this cemetery being notable for never being segregated; and City Cemetery has grown to be the home to approximately 14,800 final resting places on its 21.36 acres, with the historic and ornate entry gates being erected in 1899; and (-)111.x:..,;, William G. George, South Bend's first Mayor; James and Mary McKinley, the paternal grandparents of President McKinley who both died of typhoid fever on their 43rd wedding anniversary on August 20, 1847; John Auten, the first solider from St. Joseph County to be killed in the Civil War in 1861; Norman Eddy who was a U.S. Congressman and served as a Colonel in the Union Army during the Civil War who died in 1872; South Bend Police Officer Lewis Keller who was killed in 1898 during a robbery of a store on Washington Street; Congressional Medal of Honor Recipient Private Enoch R. Weiss who served in the U.S. Army in Company G, 1St US Cavalry who died in 1917; South Bend Police Officer Howard Wagner who was killed at the age of 29 by John Dillinger's gang during the robbery of downtown Merchants Bank in 1934; and Schuyler Colfax who served as Speaker of the House of Representatives from 1863 -1869, and served our country as the 17t]' Vice - President of the United States from 1869 -1873 under President Ulysses S. Grant - are just some of the thousands of individuals buried in this historic City Cemetery along with the many infants who died from teething, consumption, whooping cough, scarlet fever and measles; and (*1/1',-_,-,,--,,.;, the Common Council notes that in 2009, the Historic Preservation Commission of South Bend and St. Joseph County partnered with" the Schuyler Colfax Chapter of the Daughters of the American Revolution (DAR) to collaborate together and promote the preservation of City Cemetery, with its Mission Statement "to preserve, protect, share carefully and treat reverently this hallowed and historic site "; and the Common Council acknowledges that on May 1, 2009, a copyrighted 93-page co publication entitled Preservation Assessment of City Cemetery, South Bend, Indiana, also referred to as the Chicora Research Contribution 512, was prepared by Michael Trinkley, PhD and Debi Hacker of Resolution Establishing a 5 -Year Action Plan for Historic City Cemetery Page 2 Chicora Foundation, Inc. who specialize in cemetery preservation with a special emphasis on conservation treatments, cemetery preservation plans, marker inventories and assessments, historical research, grave identification, archaeological investigations, and cemetery preservation workshops for Amy B. Minnick, Assistant Director of the Historic Preservation Commission of South Bend with this detailed publication being available at http://www.chicora.org/pdfs/RC512.pdf ; and the Common Council further notes that the Presets ation Assessment of City Cemetery, South Bend, Indiana publication sets forth key data, information, maps, pictures and recommendations addressing the following topic: Introduction — preservation fundamental, the Cemetery — its setting and context, factors affecting the landscape character, administrative and legal issues; Historic Synopsis; Road and Pedestrian Issues; Lighting and Security Issues; Cemetery Fixtures and Furnishings; Landscape Maintenance; Other Maintenance Issues; Conservation Issues; Priorities and Funding Levels; and detailed source information as well many recommendations; and on January 14, 2013, the South Bend Common Council unanimously adopted Resolution No. 4226 -13, which officially declared March 23rd of each year as "Schuyler Colfax Day in South Bend, Indiana" to recognize his public service career and especially his determined dedication to civil rights and the passage of the 13t1i Amendment in 1865 to abolish slavery, the passage of the 14th Amendment in 1868 addressing due process, and equal protection, and the 15th Amendment in 1869 addressing the right to vote regardless of one's race, color or previous condition of servitude; and the fact that he was the first person from Indiana to be elected Vice - President of the United States; and on March 23, 2013, the 190th birthday of Schuyler Colfax, members of the South Bend Common Council, representatives of the Colfax Chapter of the Daughters of the American Revolution, union members, city residents, Historic Preservation members, members of the St. Joseph Lodge 45 of the Free Masons, and concerned citizens gathered at 601 West Colfax Avenue, where Schuyler Colfax once lived in patriot observance of the first observance of "Schuyler Colfax Day"; this year's celebration of Schuyler Colfax then continued to his final resting place in City Cemetery, where he, and his son Schuyler Colfax, Jr. who was the 1 Ph Mayor of the City of South Bend serving from 1899 -1902, and other family members are buried; and this year's celebration was dampened by seeing first -hand the overall condition of City Cemetery which has far too many neglected and broken headstones many of which have weathered into anonymity, a place which has repeatedly become the target for vandals with well over one hundred grave markers pushed over and damaged resulting in significantly hurting our rich City's history; and since March, spirited discussions have taken place with regard to developing a collaborative approach and partnerships to making the preservation and maintenance of historic City Cemetery a top priority so that its rich history and the thousands buried there is continued for future generations. It was noted that in 2011, there was a Veterans Day Tour of City Cemetery led by the Resolution Establishing a 5 -Year Action Plan for Historic City Cemetery Page 3 Center for History and that in 2008 the DAR Schuyler Colfax Chapter and volunteers from the DuComb Center raked leaves, trimmed bushes, scraped, primed and painted the rod iron fence which surrounds City Cemetery; and the Council recognizes that the City Cemetery Trust Fund # 730 has a modest balance with one item Noted in the budget detail that cemetery records have begun to be digitized; yet so much more that needs to be addressed so that City Cemetery can again become a place of peace and learning about the countless number of persons who are buried there, the magnificent tombstones, the veterans section, the potter's field which provide an opportunity to appreciate and renew our interest in our City's history, its former residents; and a cemetery uniquely located in a developing urban setting; and (N/11-.111;, creative and innovative methods such as those used to renovate and re- dedicate the gravesites of Charles Curtis, who served as a U.S. Vice - President from 1929 -1933, and his wife, Anna Baird Curtis, who are buried in Topeka Cemetery in Kansas. The project went from gravesites which "looked terrible and embarrassing" to upgrading cemetery roads, curbing, replacement of flag poles, and upgrading the gravesites to include engraving the Vice - Presidential Seal into the granite headstone and "Son of the Kanza Nation" to honor the Vice - President's Native American heritage. The first donation received for the cemetery renovation project came from the Potawatomi Nation, which triggered donations from the Sac and Fox Nations, the John Haupt Chapter of the Daughters of the American Revolution, local historians and other interested groups and citizens; with a public celebration and rededication taking place in 2002. A& m A!, & xerWmd,, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council believes that the City of South Bend's oldest cemetery, City Cemetery, has been neglected for far too long. With the eye- opening experience which took place at the 1st annual "Schuyler Colfax Day in South Bend, Indiana" in March of this year, the Council sees an opportunity to collaborate together with the City Administration, the Historic Preservation Commission, the Colfax Chapter of the Daughters of the American Revolution, and the many individuals and groups who have expressed an interest in preserving, sustaining and taking positive actions to revitalize City Cemetery. The State of Indiana is known as the "Mother of U.S. Vice - Presidents" - namely Schuyler Colfax, Thomas A. Hendricks, Charles W. Fairbanks, Thomas Marshall and Dan Quayle; The Council believes that South Bend should be a leader in preserving more of our rich history by making City Cemetery another destination point which enriches our present and future by remembering and preserving our past. Section II. The Common Council therefore recommends the establishment of a 5 -year Action Plan for the revitalization and preservation of City Cemetery, which shall be overseen and monitored by the Community Relations Committee of the South Bend Common Council. Specific objectives shall include but not be limited to the following: Resolution Establishing a 5 -Year Action Plan for Historic City Cemetery Page 4 1. Proposing that such Action Plan reflect and identify goals and objectives, specific action items, timelines, measureable outcomes and potential funding sources which the Common Council in conjunction with the City Administration and interested stakeholders including but not limited to representatives. from the Colfax Chapter of the Daughters of the American Revolution, the Historic Preservation Commission, and all other persons and organizations interested in preserving and restoring the City Cemetery have had the opportunity to develop which has realistic and sustainable goals for the betterment of the City Cemetery; and 2. Proposing _that the City Administration earmark a specific dollar amount from the .City Cemetery Trust Fund # 730 for the 2014 calendar year which would be used to leverage donations, contributions and grant opportunities to begin the restoration and preservation of the headstones and markers of Schuyler Colfax and his family so that visible and sustaining improvements may begin by the 2nd Annual Schuyler Colfax Day in March 2013; and 3. Proposing that the Common Council and the City Administration work together to develop, fund and maintain adequate personnel in the Parks and Recreation Department beginning with the 2014 budget; and 4. Proposing that an immediate reassessment of equipment used to cut grass in City Cemetery be conducted in light of damage to headstones caused reportedly by using large deck lawnmowers and /or large equipment which has not been properly or carefully used and /or supervised; as well as damage caused to headstones reportedly by using the improper nylon trimmer line, with new maintenance standard operating procedures being implemented addressing all of these concerns which would take effect as soon as possible. [See: Page 72, Table Prioritization of Recommendations # 1.14 - # 1. 16, et seq. of Preservation Assessment of City Cemetery, South Bend., Indiana] 5. Proposing that priority be given to regularly removing trash from containers; that the use of 55 gallon drums detract from City Cemetery and that more appropriate containers should be considered; that trash should be removed from along the fence surrounding City Cemetery on a more regular basis [See: Page 72, Table Prioritization of Recommendations # 1.23 and Page 75, # 2.15 of Preservation Assessment of City Cemetery, South Bend, Indiana] 6. Proposing a 5 -year capital improvement plan for the City Cemetery; and 7. Proposing that all city ordinances regulating conduct and activities in city cemeteries be updated as soon as practicable, in light of the fact that the City Sexton was eliminated; that the Bureau of Cemeteries was consolidated into the Park Department several years ago; and that vandalism is a growing concern at City Cemetery. [See: Page 72, Table Prioritization of Recommendations # 1.23 of Preservation Assessment of City Cemetery, South Bend, Indiana] Resolution Establishing a 5 -Year Action Plan for Historic City Cemetery Page 5 8. Proposing that proper regulatory signage be posted. [See: Page 72, Table Prioritization of Recommendations # 1.19 - # 1.20 of Preservation Assessment of City Cemetely, South Bend, Indiana] 9. Proposing that discussions be held as soon as possible between the Police and Park Departments for the purpose of developing multi- faceted policies and procedures to deter vandalism. [See: Page 72, Table Prioritization of Recommendations # 1.18 of Preservation Assessment of City Cemetery, South Bend, Indiana] 10. Proposing that a website be developed, as well as a Facebook page, perhaps similar to the Facebook page started by the "Friends of the Historic Miami City Cemetery" in Miami, Florida, which engages volunteers for "Beautification Days ", Cub Scout and Boy Scout Troop tours and activities, Cemetery Calendar fund- raising, webinars on Landscape Maintenance in Cemeteries, news articles, the erection of Historical Markers depicting the history of that cemetery, along with postings of many historical photographs. Such social media could be aimed at raising awareness to seek out volunteers, donations, create new partnerships with businesses and organizations so that they all have the opportunity to get involved on the City Cemetery Restoration Project; and 11. Proposing that all of the recommendations set forth in the copyrighted publication entitled Preservation Assessment of City Cemetery, South Bend, Indiana, a copy of which is on file in the Office of the City Clerk, be reviewed and prioritized with regard to the feasibility of their implementation pursuant to a realistic timetable; 12. Proposing that any and all potential groups and associations be contacted such as the National Trust for Historic Preservation who publish a Field Guide to Local Preservationists, a copy of which is on file in the Office of the City Clerk; so that a multi - faceted and community -based approaches are developed which capture the renewed energy and excitement which was on display this year at the 1St Annual "Schuyler Colfax Day in South Bend, Indiana ". Section III . The undersigned members of the Common Council believe that our City's history and our first and oldest cemetery, City Cemetery, should be creatively and proudly preserved into perpetuity Section IV . This Resolution shall be in full f ffe from and after its adoption by the Council and approval by the Mayor. Tim Scott, 1St District r avis, Vice -Pres. & 6t District Henry Davis, Jr., 2" District Derek D. Dieter, President & At Large Resolution Establishing a 5 -Year Action Plan for Historic City Cemetery Page 6 Valerie Schey, 3' District Dr. Fred Ferlic, 0' District Dr. David A. Varner, 51' District rm John Voorde, City Clerk 1.. 4,01, ;.kmC Yko Gavin Ferlic, At Large Member Karen L. White, Com. of Whole Chair Kathleen Cekanski - Farrand, Council Attorney Pete Buttigieg, Mayor of South Bend Filed i �� +---`-- dice .......... JUN Z�11' CPrY C T, BENt3, tN �0 TN $� City of South Bend � &CE M - Common Council ,t x'r - 1'.� 1865 441 County -City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter June 18, 2013 President Members of the Common Council Oliver J. Davis 4th Floor County -City Building Vice - President South Bend, Indiana 46601 (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov Karen L. White Re: Resolution Recommending the Establishment of a 5 -Year Action Plan for the Chairperson, CommitteRevitalization and Preservation of the Historic City Cemetery of the Whole Tim Scott Dear Council Members: First District I am very excited to introduce for your review and adoption the attached Resolution. Henry Davis, Jr. Second District On January 14, 2013, the South Bend Common Council unanimously adopted Resolution No. 4226 -13 which created an annual day of celebration entitled the "Schuyler Colfax Valerie Schey Day in South Bend, Indiana" Third District Fred Ferlic The 15t "Schuyler Colfax Day" was held on Saturday, March 23, 2013, with many Fourth District residents, organizations from not only South Bend but other communities participating. For those of us in attendance, it also became readily apparent that the City has been David Varner neglecting the care and maintenance of City Cemetery. Fifth District I have had the opportunity to meet with many individuals since March, and in particular Oliver J. Davis members of the Colfax Chapter of the Daughters of the American Revolution who are Sixth District very interested in collaborating together to restore this historic site to the condition and Derek Dieter prominence which it deserves. Additionally, an excellent "blueprint" has already been At Large e prepared, thanks to the foresight of the Historic Preservation Commission of South Bend when they commissioned the Chicora Foundation, Inc. to prepare the Preservation Gavin Ferlic Assessment of City Cemetery, South Bend, Indiana publication, which I urge you to At Large review on line. This Resolution calls for the establishment of a 5 -year Action Plan which hopes to capture the energy of many to creatively, and positively make the restoration of Karen L. White City Cemetery a priority. At Large I recommen t this Resolution be sent to the Community Relations Committee for rev' �yco *endation, and be unanimously adopted on June 24th. Thank you. W tyvvis, Chairperson Relations Committee District Council Member RESOLUTION NO. A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5405 ROYAL STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Tampico Developments, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 5405 Royal Street in Crescent Oaks Section 1, South Bend, Indiana, and which is more particularly described as follows: LOT 3 OF CRESCENT OAKS, SECTION IA, AS RECORDED AS INSTRUMENT 0839817 in the Office of the Recorder of Saint Joseph County, Indiana. and this property has Tax Key Number 026 - 1035- 058993 as an Economic Revitalization Area and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 3862 -08 on May 12, 2008. WHEREAS, the petitioner will exceed the five year designation period granted in the Confirmatory resolution which will expire on May 12, 2013. 1 WHEREAS, the Petitioner has requested an additional period of time to complete construction of the planned project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows:. SECTION I. The Common Council hereby confirms its Confirming Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for residential property tax abatement only and is now limited to six (6) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted residential property tax deduction for a period of five (5) years. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PPE5EN1 Ed. �iU� �APRf3YEG� 2 Member of the Common Council ai nj and Couli:il action an this issuer Filed ' in-;; `. F-JUN Z Q13 CI f i iuktiRfi yr 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITYOF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT .Tune 3, 2013 SCOTT FORD, EXECUTIVE DIRECTOR Council Member Henry Davis, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Property Tax Abatement Petition for: Tampico Developments, LLC Dear Council Member Davis: PHONE: 574/235 -9371 FAX: 574/235 -9021 Tampico Developments, LLC was approved for a five year residential tax abatement through Resolution 3862 -08 adopted by the Common Council on May 12, 2008. They would like to receive a one year extension on the abatement. There is one remaining lot that needs to be sold in the Crescent Oaks development. They would like to have the tax abatement extended for an additional year so they can market the lot with a tax abatement benefit. In their original petition dated April 7, 2008, they stated they intended to develop 9.82 acres of agricultural farmland into 31 residential lots. The development was to include 1,427 linear feet of public streets, one stormwater retention area, and the associated public and private utilities. The homes were to be built by Weiss Homes and were to range in size from 1,300 to 2,000 square feet. The estimated price of each home was $185,000. Total taxes to be abated during the five year period on one home were estimated at $10,262.19. Total taxes to be paid during the five year abatement period on one home were estimated at $7,451.34. X;r presentative of the company will be available to meet with the Committee on Monday, March 11, 2013. To accomplish this request, a tax abatement recipient must notify the Council in writing and submit a revised Statement of Benefits (Form SB -1). Attached you will find a letter from the company's representative, Bradley E. Mosness, PE of Abonmarche Consultants, Inc. , requesting the one year extension of the abatement. Included is a letter from Bradley Mosness along with an Exhibit showing the location of the last lot. Attached is the new SB -1. Should you or any of the other Council members have any questions concerning the report or need additional information, please feel free to call me at 235 -9278. Sincerely, Kathy Hahn Economic Development Specialist PIANNING ` ".,NEIGAi$&kH' 0O' D PNGAGEMENT ECONOMIC RFsouRCEs JITIN K.AIN . ; PAMEJ A C. MF.Y'ER DONALD E. INKS 227 W. JEFFERSON BOULEVARD SUITE 1400 S. Attacl , q1 tSENTD, IN 46601 -1830 c: South Bend Common Council Members Mayor Pete Buttigieg �, X86 %�. Scott Ford CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR Don Inks COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR PHONE: 574/235 -9371 FAX: 574/235 -9021 PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RusouRCES JITIN KAIN PAMELA C. MF.YF.R DONALD E. INKS " _ STATEMENT OF BENEFITS j REAL ESTATE IMPROVEMENTS 20 PAY 20_ tr State Form 51767 (R3112 -11) FORM SB -1 /Real Property Wa� Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): m Redevelopment or rehabilitation of real estate improvements (IC 6-1.1- 12.1 -4) ❑ Eligible vacant building (IC 6-1.1- 12.1 -4.8) INSTRUCTIONS_ 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6 -1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERA/VBD, Whichever is applicable, must be tiled with the County Auditor by the later of.• (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor, if any, or the county assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF- IlReal Property annually to the application to show compliance with the Statement of Benefits. [IC 6- 1.1- 12.1- 5.1(b) and IC 5. The schedules established under IC 6 -1.1- 12.1 -4(d) for rehabilitated property and under IC 6 -1.1 -121- 4.8(1) for vacant buildings apply to any statement of benefits approved on orafter July 1, 2000, unless an alternative deduction schedule is adopted by the designating body (IC 6- 1.1- 121 -17). The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before July 1, 2000. Name of taxpayer TAMPICO DEVELOPMENTS, LLC Address of taxpayer (number and street, city, stab, and ZIP code) 737 RIVER POINTE PLACE, MISHAWAKA, IN 46544 Name of contact person CITY OF SOUTH BEND COMMON COUNCIL ation of property 5405 ROYAL STREET scnption of real property improvements, redevelopment, or rehabilitation (use LOT 3 OF CRESCENT OAKS, SECTION 1A SECTION OF Current number Salaries Number retained N/A N/A I N/A NOTE: Pursuant to IC 6 -1.1- 12.1 -5.1 (d) (2) the COST of the property is confidential. Current values Plus estimated values of proposed project Less values of any provertv beino replaced Net estimated values upon completion of Estimated solid waste converted (pounds) N/A Other benefits N/A I hereby c*'Ify that the representations in this statement are true. Signature of ut rized repr9jentatiiv �/7 Telephone number E-mail address (574) 255 -1503 Ac..f;. A 0A Resolution number 3862 -08 County DLGF taxing district number ST. JOSEPH nAa Estimated stair date (month, day, year) 2013 Estimated completion date (month, day, year) +/- 1 YEAR Salaries Number additional N/A I N/A REAL ESTATE IMPROVEMENTS COST I ASSESSED VALUE N/A Estimated hazardous waste n- oawrted (Bounds) - N/A V4 P, ftl �Tetrpflj'- Ct'rf �Olr e °aIµftrET 6f t Title Date signed (month, day, year) SOLE MEMBER Page 1 of 2 We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1 -12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed ears calendar expires is Y (see below). The date this designation B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ❑ Yes ❑ No 2. Residentially distressed areas ❑ Yes ❑ No 3. Occupancy of a vacant building ❑ Yes ❑ No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions E. The deduction is allowed for Years* (see below). F. Did the designating body adopt an alternative deduction schedule per IC 6 -1.1- 12.1 -17? ❑ Yes ❑ No If yes, attach a copy of the alternative deduction schedule to this form. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body) Telep�number Date signed (month, day, year) Attested by (signature and title of attester) Designated body * If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6- 1.12 - 12.1 -4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 ABONMARCHE MConfidence By Design February 7, 2013 Members of the Common Council City of South Bend 227 West Jefferson Boulevard, Suite 400 S South Bend, IN 46601 RE: 5405 ROYAL STREET (LOT 3 - CRESCENT OAKS, SECTION 1 A) Residential Property Tax Abatement Resolution 3862 -08 Request for Extension Dear Council Members: Engineering FEB -8 Architecture Land Surveying Marina /Waterfront Community Planning Landscape Architecture ■■...,,� Development Services On behalf of the current Owner, Tampico Developments, LLC, c/o of Denny Schwartz, we are submitting a request to extend the residential property tax abatement for the above referenced property and identified on the attached Exhibit A. This property is the last remaining lot to be developed within this section of Crescent Oaks. All the other lots within this section have been developed and are benefiting from the tax abatement. The Owner respectfully requests your consideration to extend the tax abatement for an additional year so he can continue to market this lot with the same benefit. If you have any questions or require additional information regarding this request, please do not hesitate to contact our office. Sincerely, ABONMARCHE CONSULTANTS, INC. Bradley E. Mosness, PE Project Manager cc: Denny Schwartz File 750 Lincoln Way East 3177 Willowcreek Rood South Bend, IN 46601 Portage, IN 46368 574.232.8700 219.850.4624 Fite' �z �:bjel ik,'t Office My C.. 95 West Main Street 361 First Street 503 Quoker Street Benton Harbor, MI 49022 Manistee. MI 49660 South Hoven, Ml 49090 269.927.2295 231.723.1198 269.637.1293 www.abonmarche.com 30% �� � Pcw �• r ► 0 9.31 EXHIBIT A fill]0i jog 4 . ZS2 ;01 1111 11 E8��8¢e�•R ®• O • AA 6 ® ��! ��� 0. p4 +�~ ; � a to lot- �x 8 RQ tb +� a !s• aiRg a i l j 1 bQbQY�I 4I �. tl i lE -WA - =� Y i a ' ; I G Y � itu PAGE 1 OF 2 s L,\LAL- 13 -4z. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS CRESCENT OAKS - SECTION 29 23229 23309 23389 24029 24089 24169 24249 24329 23239 23319 23399 24059 2413, 2421, 25099 2517 BASIN STREET, 2440 BASIN STREET OR 5511 RUNNING DEER DRIVE, 2429 BASIN STREET OR 5469 BALBOA PARK AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as Lots 32 Address 2322 Basin Street _ _ Tax Key #s 026- 1035- 059901 33 2330 Basin Street 026 -1035- 059903 34 2338 Basin Street 026- 1035- 059902 35 2402 Basin Street 026 -1035- 059904 36 2408 Basin Street 026 -1035- 059905 37 2416 Basin Street 026 -1035- 059906 38 2424 Basin Street 026 - 1035- 059907 39 2432 Basin Street 026 - 1035- 059908 40 2440 Basin Street or 5511 Running Deer Drive 026 -1035- 059910 41 2323 Basin Street 026 - 1035- 059909 42 2331 Basin Street 026 -1035- 059911 43 2339 Basin Street 026 -1035- 059912 44 2405 Basin Street 026 - 1035- 059913 45 2413 Basin Street 026 -1035- 059914 46 2421 Basin Street 026- 1035- 059915 47 2429 Basin Street or 5469 Balboa Park Avenue 026 - 1035- 059916 88 2509 Basin Street 026 - 1035- 059917 89 2517 Basin Street 026- 1035- 059918 all in Crescent Oaks — Section 2, South Bend, Indiana, and'which is more particularly described as follows: A PARCEL OF LAND BEING A PART OF PARENT PARCEL OF LAND AS DESCRIBED IN DEED RECORD INSTRUMENT NUMBER 9944308 AS RECORDED IN OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, CITY OF SOUTH BEND, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 00 DEGREES 16 MINUTES 29 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER; A DISTANCE OF 1988.74 FEET TO THE SOUTHWEST CORNER OF CRESCENT OAKS, SECTION ONE A; A REPLAT OF CRESCENT OAKS SECTION ONE, AS RECORDED UNDER INSTRUMENT NUMBER 0839817 IN THE. OFFICE OF RECORDER OF SAID COUNTY; THENCE NORTH 89 DEGREES 51 MINUTES 58 SECONDS EAST ALONG THE SOUTH LINE OF SAID CRESCENT OAKS, SECTION ONE A, A DISTANCE OF 706.23 FEET TO THE SOUTHEAST CORNER OF CRESCENT OAKS SECTION ONE A, AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 31 MINUTES 01 SECONDS WEST, ALONG THE EAST LINE OF CRESCENT OAKS SECTION ONE A, A DISTANCE OF 134.72 FEET; THENCE SOUTH 89 DEGREES 28 MINUTES 59 SECONDS WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION ONE A, A DISTANCE OF 10.93 FEET; THENCE NORTH 00 DEGREES 31 MINUTES 01 SECONDS WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION ONE A, A DISTANCE OF 188.50 FEET THENCE SOUTH 89 DEGREES 33 MINUTES 02 SECOND EAST; A DISTANCE OF 469.66 FEET; THENCE SOUTH 10 DEGREES 13 MINUTES 03 SECONDS WEST, A DISTANCE OF 1.91 FEET; THENCE SOUTH 79 DEGREES 46 MINUTES 57 SECONDS EAST,, A DISTANCE OF 60.00 FEET; THENCE NORTH 89 DEGREES 51 MINUTES 58 SECONDS EAST, A DISTANCE OF 76.58 FEET; THENCE SOUTH 83 DEGREES 32 MINUTES 59 SECONDS EAST, A DISTANCE OF 73.42 FEET; THENCE SOUTH 05 DEGREES 06 MINUTES 09 SECONDS WEST, A DISTANCE OF 116.50 FEET; THENCE SOUTH 02 DEGREES 05 MINUTES 00 SECONDS WEST, A DISTANCE OF 60.00 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 03 SECONDS EAST, A DISTANCE OF 121.31 FEET TO THE NORTH LINE OF DEER HOLLOW SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 0443949 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY; THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST ALONG SAID NORTH LINE OF DEER HOLLOW AND THE NORTH LINE OF STONEHEDGE ESTATES, SECTION THREE, PART TWO AS RECORDED UNDER INSTRUMENT NUMBER 9516217 IN THE OFFICE OF THE RECORDER IN ST. JOSEPH COUNTY , A DISTANCE OF'651.78 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 4.81 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD. be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1- 12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et s_g., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION, I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6- 1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. . is S -Kilva _• `` 1-NoP f Member of the 1 [tt gnti;+ € °°f fh&'' tt it Cot on'l 't�t�g gr�q��taeandi Council action On 144s issue, 1 -,.., Office JUG 3 2013 Ml 227 W. JEFFERSON BOUITVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 June 3, 2013 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR Council Member Henry Davis, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: Tampico Developments, LLC — Crescent Oaks, Section 2 Dear Council Member Davis: PHONE: 574/235-9371 FAX: 574/235 -9021 Please find attached the Department of Community Investment's report on a residential real property tax abatement petition submitted by Bradley Mosness of Abonmarche Consultants for Tampico Developments, LLC. They intend to develop the undeveloped agricultural property into eighty residential lots located within Crescent Oaks, Section Two. The initial tax abatement was granted in 2008 but since the housing market has slowed only 18 lots of the proposed 80 lots have been recorded and received tax identification numbers. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to develop the eighteen lots at a cost of $2,700,000. The project meets the qualifications for a (5) five -year real property tax abatement. The:' petitiftor will be available to meet with the Committee on Monday, June 24, 2013. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -9278. 4Sincerely, %`A 0zw Kathy Hahn Analyst, Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC REsouRCEs JITIN KAIN PAMELA C. MEYER DONALD E. INKS 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN PHONE: 574/235 -9371 FAX: 574/235 -9021 SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: TAMPICO DEVELOPMENTS, LLC — CRESCENT OAKS, SECTION 2 DATE: June 3, 2013 On November 10, 2008 through resolution # 3921 -08, the petitioner was granted a five year residential tax abatement for un- platted real property located approximately '/2 mile south of the intersection of Jackson and Ironwood Roads on the east side of Ironwood (NW 1/4, Section 32, T37N, R3E).Since then only 18 of the 80 lots have been recorded and received tax identification numbers. In a new petition filed May 31, 2013 Tampico Developments LLC is requesting a new five year residential tax abatement in order to market these 18 lots with a tax abatement incentive. Pursuant to Chapter 2, Article 6, Section 2 -77.1 of the Municipal Code of the City of South Bend, this petition,was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION Tampico Developments, LLC intends to eventually develop 19.9 acres of agricultural farmland into 80 residential lots. This request is for 18 lots which currently have tax identification numbers. Homes have been started on four of the lots under the previous abatement. The lots will be located within the proposed development called Crescent Oaks, Section 2. The homes will range in size from 1,400 to 1,800 square feet and will contain three bedrooms and have basements. PIANNING � NEIGHBORHOOD ENGAGEMENT ECONOMIC RFsouRCES JITIN KAIN PAMFLA:C. 1 4MA DONALD F. INKS South Bend Common Council RE: Tampico Developments, LLC June 3, 2013 Page 2 The estimated average price of a home is $180,000. Total taxes to be abated during the (5) five -year abatement period on one home are estimated at $8,747. Total taxes to be aid during the (5) five -year abatement period on one home are estimated at $1,819. For 18 homes, the taxes abated would be $157,446 for five years and the taxes paid would be $32,742 for five years. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner, Tampico Developments, LLC, has been associated with or granted the previous tax abatements. Term/Type Resolution No. Date 5 year real property 3352 -04 07/12/04 5 year real property 3398 -04 10/25/04 5 year real property 3480 -05 07/08/05 5 year real property 3862 -08 05/12/08 5 year real property 3921 -08 11/10/08 2. The Building Commissioner has reviewed'this petition and finds the properties to be properly zoned for the proposed project. 3. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year residential tax abatement under Section 2 -77.1, Single Family Residential Construction. 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CU * * * WEABONMARCHE Confidence By Design May 30, 2013 Members of the Common Council - City of South Bend 227 West Jefferson Boulevard, Suite 400 S South Bend, IN 46601 RE: CRESCENT OAKS, SECTION TWO Request New Five (5) Year Residential Property Tax Abatement Dear Council Members: Engineering Architecture Land Surveying Marina /Waterfront Community Planning Landscape Architecture Development Services On behalf of the current Owner /Developer listed below, we are submitting a request for a new five (5) year residential property tax abatement for the above referenced project. Since the initial tax abatement was granted in 2008, the housing market slowed considerably; therefore, only 18 lots out of the proposed 80 lots in the initial tax abatement have been recorded and received tax identification numbers. The initial tax abatement is scheduled to expire later this year and we respectfully request your favorable consideration on this request. Current Owner /Developer Tampico Developments, LLC c/o Dennis Schwartz, Sole Member 737 River Pointe Place, Mishawaka, IN 46544 (574) 255 -1503 1 dschwl940 @aol.com By approving a second five (5) year tax abatement, the Owner can continue to market these lots with this incentive. The City will still receive the additional taxes generated from the improvements based upon the five (5) year abatement schedule. After the abatement expires, the City will then receive 100 percent of the property taxes from each lot. If you have any questions or require additional information regarding this request, please do not hesitate to contact our office. Sincerely, ABONMARCHE CONSULTANTS, INC. Bradley E. Mosness, PE Project Manager cc: Dennis Schwartz File 750 Lincoln Way East 3177 Willowcreek Road South Bend, IN 46601 Portage, IN 46368 574.232.8700 219.850.4624 95 West Main Street Benton Harbor, MI 49022 269.927.2295 www.abonmarche.com �dCS, >xt� CITY CLEIf _- , SCU °` aEPlr1,1F 361 First Street Manistee, MI 49660 231.723.1198 503 Quaker Street South Haven, MI 49090 269.637.1293 CITY OF SOUTH BEND, INDIANA REQUIREMENTS FOR ALL PETITIONS SEEKING SINGLE - FAMILY RESIDENTIAL DEVELOPMENT REAL PROPERTY TAX ABATEMENT CONSIDERATION FOR MULTIPLE PARCELS As a condition of granting a petition which seeks single - family residential development real property tax abatement consideration for development of multiple parcels in the City of South Bend, Indiana, the petitioner seeking such abatement pursuant to the applicable provisions of the Indiana Code, the Indiana Administration Code and the South Bend Municipal Code must additionally agree to the following: Filing Requirement with the Office of The City Clerk: File with the Office of the City Clerk, 4th Floor County -City Building, South Bend, Indiana 46601, prior to the South Bend Common Council taking final action on a petitioner's Confirmatory Resolution for single - family residential construction where multiple parcels are involved and which is specifically addressed in § 2 -77.1 of the South Bend Municipal Code, the petitioner's written information statement to be given to all individuals inquiring about any parcels in the petitioned area. Required Contents of Information Statement: Said information statement must be on the petitioner's official stationary which lists their business name, street address, city, state and zip code, telephone and facsimile numbers, email address if any, and contact persons(s) which must include the following: Official name of the development as listed in the documents of record with the Office of the City Clerk of South Bend, Indiana A map of the development addressed by the abatement listing the property key number for the parcel in question as well as its street address © Verification of the number of years granted by the tax abatement and the month/year the final action was taken by the South Bend Common Council E Verification and confirmation of the abatement's maximum dollar amount of the assessed value of the improvements on the parcel in question and a statement that the assessed value of the land is not abated t Verification of the petitioner's (developer's) duties with regard to the Statement of Benefits form (SB -1) ® Verification of the proposed property owner(s)' duties with regard to the FORM 322/RE which must be completed and filed by the owner and builder after completion of the home and prior to occupancy, with said form being attached to the Information Statement An attachment of the Confirmatory Resolution which approved the abatement in question a Inclusion of contact information, including but not limited to: Department of Community Investment 1400S County -City Building South Bend, Indiana 46601 (574) 235 -9371 (574) 235 -9021 Facsimile St. Joseph County Auditor's Office 2nd Floor County -City Building South Bend, Indiana 46601 (574) 235 -9668 (574) 235 -5024 Facsimile Office of the City Clerk 4th Floor County -City Building South Bend, Indiana 46601 (574) 235 -9221 (574) 235 -9173 Facsimile Required Filing of All Revised Information Statements: Any Information Statements which are revised should be filed with the Office of the City Clerk as soon as practicable by the petitioner /developer, and in no event filed later than their first use with prospective property owners in the affected tax abatement area. I, Dennis Schwartz, the petitioner of record seeking single - family residential development real property tax abatement consideration for multiple parcels in the City of South Bend, Indiana, for the abatement commonly referred to as Crescent Oaks, Section Two, hereby acknowledges the requirements set forth herein and agree to abide by such conditions. (Signature) Dennis Schwartz, Sole Mem r Tampico Developments, LL 737 River Pointe Place, Mishawaka, IN 46544 (574) 255 -1503 Witness Signature V k h,t n- LL21,j wrcf 't' yJo+uK Nd i z< Printed Name and Offi ial Capacity Address: City /State /Zip: Phone No.: (Rev. 5113111) SHANE MATTHEW WAGONER NOTARY PUSUO SEAL STATE OF INDIANA W COMMISSION EXPIRES APRIL 5, 2019 Signed this 2/ day of STATEMENT OF BENEFITS * : REAL ESTATE IMPROVEMENTS 20_ PAY 20_ State Form 51767 (R3 /12-11) FORM S13-1 / Real Property Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): m Redevelopment or rehabilitation of real estate improvements (IC 6- 1.1- 12.1 -4) ❑ Eligible vacant building (IC 6-1.1- 12.1 -4.8) INSTRUCTIONS. 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real.property for which the person wishes to claim a deduction. Projects "planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6 -1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERA/VBD, Whichever is applicable, must be filed with the Count yAudiior by the later of.• (1) May 10,• or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor, if any, or the county assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF- llReal property annually to the application to show compliance with the Statement of Benefits. /IC 6 -1.1- 12.1- 5.1(b) and IC 6-1.1- 12.1- 5.36)] 5. The schedules established under IC 6 -1.1- 12.1 -4(d) for rehabilitated properly and under IC 6 -1.1- 12.1- 4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000, unless an alternative deduction schedule is adopted by the desig ng b y 1.1- 12 (lC schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before Jul nati y 1, 2000. od 6- .1 -17). The Name of taxpayer TAMPICO DEVELOPMENTS, LLC Address of taxpayer (numberand street, city, state, and ZIP code) 737 RIVER POINTE PLACE, MISHAWAKA. IN 46544 Name of contact person Telephone number DENNIS SCHWARTZ 574 255 -1503 �E;all addr ess MIS w1940 aol.com Name of designating body CITY OF SOUTH BEND COMMON COUNCIL Resolution number Location of property County 3926 -08 NW 1/4, SECTION 32, TOWNSHIP 37N, RANGE 3E ST. JOSEPH DLGF taxing district number Description of real property improvements, redevelopment or rehabilitation (use additional sheets if necessary) 033 CRESCENT OAKS, SECTION TWO - 18 RESIDENTIAL SINGLE-FAMILY LOTS Estimated start date (month day, year) .(4 ALREADY DEVELOPED /STARTED 2013 Estimated completion date (month day, year) +/- 5 YEARS • • 0M.1 WAN 1 wimal -• -• ■•-• Current number Salaries Number retained Salaries Number additional N/A N/A N / A N/A Salaries N/A NJ [go- N/A NOTE: Pursuant to IC 6- 1.1- 12.1 -5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST Current values ASSESSED VALUE 540 000.00 Plus estimated values of proposed project 2,700,000.00 71,900.00 Parent Parcel Less values of any property being replaced Net estimated values upon completion of oroiect Estimated solid waste converted (pounds) N/A Other benefits N/A that the representations in this statemeDt are true. Estimated hazardous waste converted (pounds) N/A Flied Title SOLE MEMBER Page 1 of 2 Date signed (month, day, year) We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1 -12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years * (see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ❑ Yes ❑ No 2. Residentially distressed areas ❑ Yes ❑ No 3. Occupancy of a vacant building ❑ Yes ❑ No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions E. The deduction is allowed for years* (see below). F. Did the designating body adopt an alternative deduction schedule per IC 6 -1.1- 12.1 -17? ❑ Yes ❑ No If yes, attach a copy of the alternative deduction schedule to this form. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body) Telephone number Date signed (month, day, year) Attested by (signature and title of attester) Designated body * If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6- 1.12 -12.1 -4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C., 6 -1.1- 12.1 -1, et sea., and South Bend Municipal Code Sec. 2 -76 et se!Q., for this petition states the following: 1. Describe the proposed construction project,, including information about square footage, numbers of rooms, number of stories, other amenities such as finished basements and garages, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for long project descriptions): SECTION TWO IS APPROXIMATELY 4.8 ACRES AND INCLUDES, 18 LOTS OF vWHICH 4 LOTS HAVE BEEN EITHER DEVELOPED OR STARTED. THESE LOTS WILL BE SERVICED BY CITY STREETS AND UTILITIES_ HOMES ON AVERAGE WILL RANGE FROM t_4nn _ 2. Estimate the dollar value of the construction project (do not include land cost): $2,700,000 +. 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporation(s) (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Interest TAMPICO DEVELOPMENTS LLC 100% 737 RIVER POINTE PLACE MISHAWA" IN 46544 4. The commonly known address of the Property is: SEE ATTACHED EXHIBIT A -1 and having tax key no.: SEE ATTACHED EXHIBIT A -1 (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked EXHIBIT A-2, and is incorporated herein. 6. A map and /or plat indicating the location of the Property(s) is attached hereto, marked EXHIBIT B, and are incorporated herein. 7. Photographs of the Property(s), taken within two (2) weeks of the filing of this petition, are attached hereto, marked EXHIBIT C, and incorporated herein. 8. The current assessed valuation of the property before construction is SEE ATTACHED EXHIBIT A -1 (use additional sheet for multiple addresses). (This information may be obtained from the St. Joseph County Assessor's Office, 235- 9523). 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): SEE ATTACHED EXHIBIT A -1 This information may be obtained from the St. Joseph County Treasurers office, 235 -9531) 10. What is your best estimate of the project after completion market value of the property: $3,240,000 +. 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building has already been issued). The signature below is verification of this staternent. 'HERMITS FOR THESE LOTS WERE ISSUED UNDER THE CURRENT TAX ABATEMENT RESOLUTION 3926 -08. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: N/A 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: DUE TO THE ECONOMIC DOWNTURN AND DECLINE OF THE H USING MARKET OVER THE LAST SEVERAL YEARS, DEVELOPMENT HAS SLOWED THE DEVELOPER WOULD LIKE TO EXTEND THE TAX ABATEMENT FOR ANOTHER 5 YEARS TO HFTV MARKET AND ATTRACT PROSPECTIVE RESIDENTS TO THE DEVEL IMM ENT TY' CH IN TURN WILL INCREASE THE CIS POPULATION AND TAX BASE. 14. The current use of the property is RESIDENTIAL /VACANT LOTS and the current zoning is SF -1 (use). (This information may be obtained from the Building Department 235 -9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): N/A 16. The following person should be contacted as the petitioner's agent regarding additional information and public hearing notifications: Name ABONMARCHE CONSULTANTS INC. Contact Person BRADLEY E. MOSNESS PE Address 750 LINCOLN WAY EAST City, State, Zip SOUTH BEND IN 46601 Telephone (5741232 -8700 WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. Name of Property Owner(s): TAMPICO DEVELOPMENTS, LLC (Rev. 5/13/11) By: '442 - (Signature) DENNIS SCHWARTZ SOLE MEMBER (Typed or printed name and capacity) File d ifs `r°°- -- •---- ....:.moo .,•....,...... ,..v .... ...............�...,._. a L s x LLJ N O U O In O h M O N 6 a C N O Q N O N Q E C N X O s of � Z ^ O ci O P 010 CO N N b CO O . N b4 K1 C O ^ N .O O O C14 C-4 O \ > 0 N N X X C3 O Q N E Y O N C a7 O C O (V O N M Q- C: O "O N O U N N 3 co co "O L C3 N Cl) 0 k "F N O LLS X N O L O O O a U O N N D C3 E O O Q d Q N Q N O W � N W O Q � Q N W N N ui O M O N O 7 O O O O co p - N M o n P P P LO P P P P P P P ol _h _ O O O O O O O In In u) P In of o, P h to Ln P P P P Z M M M M C? C? h O IA O h O O O O 9 O O v) Q O O O O O M O M O O O h h v) MO MO O O p O MO OM M ^ O Qb C'l n0 6 �O %O n0 �O 7 0 ^ .- ^ ^ O O O O O O O O O O C14 CN p NO p N ON ON O •c C N Q N N Y W p O Q C O O � � O a0 LU W d O ^ I`�O P v K In CL Q N N N N N N N N N N O V) N N N N N N N N C C C C C • L C C N C N C N C H N h N N h N C C m m m m m m m m m C L C C C O CO 10 v N p m M m m o O O 6 co O co m M m M Q Q N M Q N M LO co O0 _M P P f� N N N N N N N N N N N N N "1 uO LO N N N N N LU LU 1- 10 (N M M M v M M 10 M M co m M v a v v v v coo 2 EXHIBIT A-2 LEGAL DESCRIPTION - CRESCENT OAKS, SECTION TWO: A PARCEL OF LAND BEING A PART OF PARENT PART OF LAND AS DESCRIBED IN DEED RECORD INSTRUMENT NUMBER 9944308 AS RECORDED IN OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PENN TOWNSHIP, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 00 DEGREES 16 MINUTES 29 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER; A DISTANCE OF 1,988.74 FEET TO THE SOUTHWEST CORNER OF CRESCENT OAKS SECTION IA, A REPLAT OF CRESCENT OAKS SECTION 1, AS RECORDED AS INSTRUMENT NUMBER 0839817 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89 DEGREES 51 MINUTES 58 SECONDS EAST ALONG THE SOUTH LINE OF CRESCENT OAKS SECTION IA, A DISTANCE OF 706.23 FEET TO THE SOUTHEAST CORNER OF CRESCENT OAKS SECTION IA AND THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 31 MINUTES 01 SECOND WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION IA, A DISTANCE OF 134.72 FEET; THENCE SOUTH 89 DEGREES 28 MINUTES 59 SECONDS WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION 1 A, A DISTANCE OF 10.93 FEET; THENCE NORTH 00 DEGREES 31 MINUTES 01 SECOND WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION IA, A DISTANCE OF 188.50 FEET; THENCE SOUTH 89 DEGREES 33 MINUTES 02 SECONDS EAST, A DISTANCE OF 469.66 FEET; THENCE SOUTH 10 DEGREES 13 MINUTES 03 SECONDS WEST, A DISTANCE OF 1.91 FEET; THENCE SOUTH 79 DEGREES 46 MINUTES 57 SECONDS EAST, A DISTANCE OF 60.00 FEET; THENCE NORTH 89 DEGREES 51 MINUTES 58 SECONDS EAST, A DISTANCE OF 76.58 FEET; THENCE SOUTH 83 DEGREES 32 MINUTES 59 SECONDS EAST, A DISTANCE OF 73.42 FEET; THENCE SOUTH 05 DEGREES 06 MINUTES 09 SECONDS WEST, A DISTANCE OF 116.50 FEET; THENCE SOUTH 02 DEGREES 05 MINUTES 00 SECONDS WEST, A DISTANCE OF 60.00 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 03 SECONDS EAST, A DISTANCE OF 121.31 FEET TO THE NORTH LINE OF DEER HOLLOW SUBDIVISION AS RECORDED AS INSTRUMENT NUMBER 0443949 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST, ALONG NORTH LINE OF DEER HOLLOW AND THE NORTH LINE OF STONEHEDGE ESTATES SECTION 3 PART 2 AS RECORDED AS INSTRUMENT NUMBER 9516217 IN THE OFFICE OF RECORDER IN ST. JOSEPH COUNTY, INDIANA, A DISTANCE OF 651.78 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 4.81 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD. EXH1131-T ,S VNVIaNI 3£•NL£rZ£ •33S •w ,� +���� 'ANN = msor w " jw NNU OMt NOLLWS � a N � srio 1N3OSiYO C Y t C i a dMJ�.ri f/1 MN HNl d0lridB e "� r oil „ kill q f• O�� p gill 9 loll, 9 ji! fill "All mll E .516rely lid uZa 0 _ @11;1121 @ JR12 �� >:� b � � N f i uya o` b qua ag @ @ '1 j� gig gg b R t Y< ' � gg p We- NOR aa+" - N f i i w • . � : � 1�. 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A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A FIVE YEAR INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND ST. JOSEPH COUNTY, INDIANA FOR EMS SERVICES DURING CALENDAR YEARS 2013 - 2017 WHEREAS, the City of South Bend, Indiana, has a long and successful history of providing emergency medical services to its residents; and WHEREAS, St. Joseph County, Indiana, wishes to provide the very best emergency medical services to its residents and believes that such services can be provided by the City of South Bend; and WHEREAS, Indiana Code §§ 36 -1 -7 -1 et seq., as amended from time -to -time ( "Interlocal Cooperation Act "), authorizes one or more governmental entities to exercise jointly or by one entity on behalf of the other powers that may be exercised by such units severally; and WHEREAS, commencing in December 1997, the City of South Bend has provided emergency medical services for St. Joseph County under an Interlocal Agreement, and the parties wish to continue that relationship; and WHEREAS, Common Council adopted Resolution 4220 -12 on November 12, 2012, ratifying a Five Year Interlocal Agreement By and Between the City Of South Bend, Indiana and St. Joseph County Indiana for EMS Services During the Calendar Years 2013 -2017. WHEREAS, it is necessary and desirable to clarify the coverage area and to correct certain typographical errors contained in the agreement ratified November 12, 2012. WHEREAS, the Executives of both the City of South Bend and St. Joseph County have reached an agreement on this payment and have approved a revised Five Year Interlocal Agreement By and Between the City Of South Bend, Indiana and St. Joseph County, Indiana.for EMS Services During Calendar Years 2013 — 2017 which is attached hereto and incorporated herein as Exhibit "A ". NOW, THEREFORE, AND PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF SOUTH BEND, INDIANA, UNDER INDIANA CODE § 36 -1 -7, BE IT HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Res Common Council Interlocal EMS 2013 -2018 Rev 120527.docx Section 1. The Common Council of the City of South Bend, Indiana, has considered and hereby ratifies, confirms and approves the Five Year Interlocal Agreement By and Between the City Of South Bend, Indiana and St. Joseph County, Indiana for EMS Services During Calendar Years 2013 — 2017 attached to this Resolution as Exhibit "A ". Section 2. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 'P_RES�hi'1�t5 . 03 pt�itoC� r�l�OP,Ti�a "r� Member, Common Council F G and C-PP-3, ..._ c®ullcil :le-nn 061 113 issuer 4ONN 'VOORPE CITY 01*11K SOUTH BEND, IN Res Common Council Interlocal EMS 2013 -2018 Rev 120527.docx L ""' " '' EXHIBIT "A" FIVE YEAR INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND ST. JOSEPH COUNTY, INDIANA FOR EMS SERVICES DURING CALENDAR YEARS 2013 - 2017 THIS AGREEMENT is made effective the 1St day of January, 2013 by and between the City South Bend, Indiana and St. Joseph County, Indiana. WHEREAS, the City of South Bend ( "South Bend ") is a municipal corporation existing and operating as a political subdivision of the State of Indiana as defined by Ind. Code § 36- 1 -2 -13, and WHEREAS, St. Joseph County. is a division of the State ( "County ") as defined by Ind. Code § 36- 2 -1 -1; and WHEREAS, South Bend and the County are authorized enter into an interlocal agreement pursuant to Ind. Code § 36- 1 -7 -4; and WHEREAS, South Bend and County desire to enter into an agreement related to ambulance services for certain areas located within St. Joseph County, Indiana; and WHEREAS, South Bend and County believe that the services provided for in this agreement is in the best interests of the citizens of their respective communities. NOW, THEREFORE, in consideration of the mutual promises and obligations in this Agreement, the adequacy of which is hereby acknowledged, the Parties agree as follows: I. PURPOSE The purpose of this Agreement is to provide ambulance service to those portions of St. Joseph County, Indiana which do not otherwise have ambulance service available. The area to be served is described generally as all portions of St. Joseph County except for the cities of South Res Common Council Interlocal EMS 2013 -2018 Rev 120527.docx Bend, Mishawaka, and that property which is owned or operated by the University of Notre Dame and is served by South Bend under a separate contract with Notre Dame. The service area which is the subject of this Agreement is referenced herein as the "Unincorporated County ", and is more specifically described at Exhibit "A ", attached hereto and incorporated herein. II. TERM. This Agreement shall remain in full force and effect from January 1, 2013 until December 31, 2017. Each party shall have the right to terminate this Agreement upon thirty (30) day's written notice to the other party in the event either party determines that the performance of the contract is not in its best interest. Notice shall be directed to the Mayor of South Bend or to the St. Joseph County Commissioners. III. ADMINISTRATION. This Agreement shall be administered through a joint board consisting of six (6) members who shall be: a. The three (3) County Commissioners of St. Joseph County, Indiana; b. The Mayor of the City of South Bend, the South Bend Fire Chief, and the South Bend City Controller. Each member shall have the right to give a written power of attorney to any other person for a particular meeting. IV. DUTIES. 1. The staffing and supplying of paramedical services shall be by South Bend. South Bend shall operate two (2) Advanced Life Support ( "ALS ") Ambulances, each properly equipped and staffed to serve the Unincorporated County. 2. County shall own and supply South Bend with one (1) advance support vehicle with all necessary equipment and with two (2) heavy duty ambulances with all necessary equipment, including any additional equipment required by the ALS Committee of St. Joseph County. 3. For the year 2013, County shall pay to South Bend an annual payment of One Million Five Hundred Eighty -eight Thousand Eight Hundred Twenty -two and 00 /100 Dollars ($1,588,822.00) payable in twelve (12) monthly payments of One Hundred Thirty -two Thousand Four Hundred Two and 00 /100 Dollars ($132,402.00) per month. For the year 2014, County shall pay to South Bend an annual payment of One Million Six Hundred Thirty -four Thousand Eight Hundred Sixty -five and 00 /100 Dollars ($1,634,865) payable in twelve (12) monthly payments of One Hundred Thirty -six Thousand Two Hundred Thirty -nine and 00 /100 Dollars ($136,239.00) per month. For the years 2015, 2016, and 2017, the annual payments shall be increased from the 2013 base to reflect any additional labor costs the City of South Bend may incur, based upon the Res Common Council Interlocal EMS 2013 -2018 Rev 120527.docx Collective Bargaining Agreement it signs with International Firefighter's Local #362, based upon the salary ordinance passed by the South Bend Common Council for the sworn and non -sworn members of the Fire Department. Each year's annual payment shall be made in equal monthly increments. In addition County shall reimburse South Bend for any necessary costs South Bend actually incurs in connection with any on -duty injury suffered in connection with the agreement, both under I.C. 36 -8 -4 -5 and, if recall is necessary, for the replacement cost of the firefighter so injured. 4. Until such time as modified by the joint board, South Bend may charge ambulance /medical user fees in accordance with §93.05 of the St. Joseph County Code as set forth in the attached Exhibit "B" attached hereto and incorporated herein. 5. South Bend shall make reasonable efforts to collect from the Unincorporated County ambulance patients served under this agreement all due payments and shall return all such monies collected to County within thirty (30) days of receipt, except as provided herein. South Bend will provide detailed monthly reports to County concerning collections, payments, and runs made pursuant to this agreement. South Bend shall reimburse Liberty Township Ambulance Service, the town of Walkerton, Union North Ambulance Service and New Carlisle Ambulance Service fifty percent (50 %) of any payment received for services rendered for an ALS assist in said localities prior to disbursal of funds to County. 6. Both parties recognize that under certain circumstances proper medical procedure may require that the two (2) persons assigned to the ambulance provide medical care to the patient and that the ambulance be driven by an EVOC - Certified volunteer firefighter from another township within St. Joseph County. In the event of an automobile accident or occurrence under such circumstances, County agrees to indemnify and hold harmless South Bend from any and all claims, actions, causes of actions, demands, damages, costs and expenses whatsoever for which South Bend might be liable. 7. South Bend shall remain liable for the acts of its agents, employees and servants during the performance of this contract. South Bend hereby undertakes and agrees to indemnify and hold harmless County and its employees, officers, and agents from any and all losses, expenses, damages, claims, causes of actions, or judgments arising out of any negligent or intentional act(s) or omission(s) of South Bend or its employees, servants or agents. The forgoing indemnification, hold harmless and undertaking of County by South Bend shall not apply to any loss, damage, expense, demand, claims, cause of action or judgment arising out of or caused by instances covered in Paragraph 6 of this Section or arising out of a communications system other than the South Bend Police Department Communications Center. 8. In addition to the monies mentioned in Paragraph 3 of this Section, County shall reimburse South Bend for all overtime costs incurred by South Bend arising out of the pregnancy of any female firefighter regularly assigned to an ambulance covered by this agreement. 9. The Governing Board of this joint agreement shall meet at least semi - annually or as Res Common Council Interlocal EMS 2013 -2018 Rev 120527.docx otherwise mutually agreed. Res Common Council Interlocal EMS 2013 -2018 Rev 120527.docx 10. South Bend shall perform all routine maintenance on the ambulance. South Bend shall bill County monthly for all repairs, labor for repairs, and fuel used on the ambulances. Supporting documentation will be provided if requested by County. Payment shall be due no later than 30 days after the date of billing. In the event a major repair or replacement of the ambulance is needed, it shall be the responsibility of County, except where the damages are solely the result of the willful or grossly negligent act of an employee of South Bend. 11 At the commencement of this contract the ambulances shall be located at: 5303 York Road; 3505 North Bendix Drive; and In the event either the Bendix Drive or the Ireland Road station is not available for any reason, it shall be the responsibility of County to house that ambulance. 12. The City Controller of the City of South Bend has the duty to receive, disburse, and account for all monies generated under this agreement. V. SEVERABILITY The provisions in this Agreement are hereby deemed to be severable to the effect that if any provision shall be declared to be invalid or unenforceable for any reason by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. VI. NON- DISCRIMINATION Pursuant to Indiana Code §22- 9 -1 -10, neither South Bend nor County nor any of their contractors or subcontractors shall discriminate against any employee or applicant for employment, to be employed in the performance of any work under this Agreement with respect to hire, tenure, terms or conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, color, religion, sex, disability, national origin, or ancestry. Breach of this covenant may be regarded as a material breach of this Agreement. VII. MULTIPLE COUNTERPARTS This Agreement may be executed in multiple counterparts by the parties hereto with the multiple counterparts constituting but one and the same single, complete, and entire Agreement. VIII. BINDING EFFECT This Agreement constitutes the entire agreement between South Bend and St. Joseph County and supersedes all prior discussions, negotiations, understandings, and agreements among them relative to the subject matter of this Agreement; and cannot be altered, amended, or terminated without the written agreement of all such parties. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns; provided, however, no assignment of this Agreement shall be permitted without the express written consent of all parties hereto. Res Common Council Interlocal EMS 2013 -2018 Rev 120527.docx Date: , 20_ ST. JOSEPH COUNTY, INDIANA Signature Printed Name and Title Signature Printed Name and Title Signature Printe anze and Title Date: , 20_ CITY OF SOUTH BEND, INDIANA Signature Printed ame and Title F: \DATA \SHARE \Legal \Wpdata \Cheryl G\Agreements_Interlocal \Fire EMS Services \SJC 2013- 2018_V4 FINAL 130408.docx Res Common Council Interlocal EMS 2013 -2018 Rev 120527.docx EXHIBIT "B" ST. JOSEPH COUNTY CODE TITLE IX — GENERAL REGULATIONS CHAPTER 93 — Special Services Programs Paramedic Services Prozram § 93.01 ESTABLISHMENT. A program to provide paramedical ambulance service to the residents of the county shall be established under the sponsorship of the county government in accordance with the provisions of this subchapter. (1981 Code, §10.20.010) (Ord. 32 -76, passed- -1976) § 93.02 OPERATIONAL STANDARDS. Any county paramedic unit operating by direct county administration or by contract with St. Joseph County or by any other mode shall consist of equipment and personnel capable of performing at the highest reasonable levels in order to ensure the unit's capacity to treat the widest range of truly emergency situations. The vehicles shall meet current federal and state specifications on construction and safety for paramedic units. Equipment used by the paramedic units shall satisfy the most current requirements of the Indiana Emergency Services Commission which apply to paramedical services. Additionally, the paramedic unit shall satisfy the guidelines established by the St. Joseph County Advanced Life Support Committee, which guidelines are incorporated by reference in Exhibit "A ", St. Joseph County Paramedic Guidelines, attached to Ord. 32 -76, which is hereby adopted by reference as if set out in full herein. The paramedic unit must also comply with any future guideline revisions of the St. Joseph County Advanced Life Support Committee. (1981 Code, §10.20.020) (Ord. 32 -76, passed- -1976) § 93.03 LOCATION. Any county paramedic unit operating by direct county administration, by contract or by any other mode shall be stationed at the site or sites within St. Joseph County as will permit the unit or units to adhere to the response time standards as set forth in any specifications established by the St. Joseph County Commissioners. (1981 Code, § 10.20.030) (Ord. 32 -76, passed- - 1976) § 93.04 ADMINISTRATION. (A) Review of operations and budget planning for the paramedic program will be the Res Common Council Interlocal EMS 2013 -2018 Rev 120527.docx responsibility of the St. Joseph County Commissioners. The County Commissioners shall determine whether the paramedic services program shall be operated by contract, by direct county administration or by any other mode. (B) It shall be the policy of the county government to establish reciprocal service and mutual aid agreements with any other providers of paramedical, basic life saving or first responding services in the county. Any provider, public or private, which provides competent paramedical, basic life saving or first responding services should be urged to establish reciprocal service and /or mutual aid agreements with the St. Joseph County paramedic program in order that all the units may be fully utilized in pursuit of the goals defined in this chapter. (C) Prior to the execution of any contract with any medical services provider, the medical services provider shall provide the St. Joseph County Commissioners with a detailed financial statement and plan demonstrating that the intended provider has sufficient financial responsibility in order to undertake any contractual services if the St. Joseph County Commissioners deem it necessary. (1981 Code, §10.20.040) (Ord. 32 -76, passed- -1976; Ord. 37 -94, passed- -1994) § 93.05 FEES AND COLLECTIONS. (A) A user fee shall be charged for all ambulance /medical services provided by the county, either through direct administration, by contractual services, or by any other mode, as established by the St. Joseph County Commissioners by specification and /or contract. (B) Notwithstanding any fees established by division (A) above, the maximum user fee to be charged any user shall not exceed the fee schedule per the City of South Bend Ordinance No. 9340 -02. (C) The fees established shall be charged per patient run occurrence; provided, however, that when more than two members of an immediate family residing at the same address are transported by the same ambulance per incident, the basic fee, mileage fee and emergency fee shall only be billed for two persons. (D) It will be permissible for an ambulance service to offer membership applications to residents of St. Joseph County. (1981 Code, § 10. 20.050) (Ord. 32 -76, passed - - 1976; Ord. 14 -88, passed - -1988; 37 -94, passed - -1994; Ord. 97 -02, passed 9 -10 -2002) § 93.06 COMPLIANCE WITH STATE LAW REQUIRED. Procedures to execute any contracts pursuant to this chapter and to administer any appropriations enacted under this chapter shall be in accordance with Indiana state law. (1981 Code, §10.20.060) (Ord. 32 -76, passed- -1976; Ord. 96 -78, passed- -1978) Res Common Council Interlocal EMS 2013 -2018 Rev 120527.docx Res Common Council Interlocal EMS 2013 -2018 Rev 120527.docx 1200 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD ,SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF LAW CRISTAL C. BRISCO June 19, 2013 CORPORATION COUNSEL. Mr. Derek Dieter President, South Bend Common Council 435 County -City Building South Bend, Indiana 46601 PHONE 574/ 235 -9241 FAx 574/235-7670 ALADEAN M. DERosE CITY ATTORNEY RE: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A FIVE YEAR INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND ST. JOSEPH COUNTY, INDIANA FOR EMS SERVICES DURING CALENDAR YEARS 2013 - 2017 Dear President Dieter: Attached for filing please find the above - referenced resolution to be considered by the Common Council at its June 24, 2013, meeting. This Resolution approves a 5 -year interlocal agreement with St. Joseph County to provide ambulance service for those portions of St. Joseph County which do not otherwise have ambulance service available. On November 26, 2012, the Council adopted Resolution 4220 -12 approving a 5 -year interlocal agreement. However, the agreement was never executed by the Council. Thereafter, the original agreement was modified to clarify the area to be served and to correct certain typographical errors. This resolution is intended to provide the Council's approval of the agreement as clarified and corrected and to authorize execution of same. Your favorable consideration is requested. Please do not hesitate to contact me if you need additional information. I will be presenting this Resolution to the Common Council at the Health and Public Safety meeting and at its regular meeting. 'lieu in k;is s unio JOHN VOORPE CITY CLORk 000'N OEND, IN Sincerely, Stephen F. Cox, Fire Chief South Bend Fire Department CHERYL A. GREENE ANN -CAROL NASH ANDREA L. BRACHKOFSKY LAWRENCE J. METEIVER JEFFREY L. SANFORD /�� J ORDINANCE NO. i3,',I A AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: Streets and alleys in the area bounded by Sample Street, High Street and the Railroad tracks. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The first street to be vacated is a portion of Marietta Street from Sample Street South to the intersection of Marietta and Ohio Street for a distance of 300 feet, more or less, and a width of 49.5 feet. The second street to be vacated is a portion of Ohio Street from the intersection of Ohio Street with Marietta Street East for a distance of 370 feet, more or less, to a point 50 feet West of the High Street right of way and a width of 50.5 feet. The first alley to be vacated is the first North /South alley West of High Street, South to the first East/West alley for a distance of 132 feet and a width of 14 feet and continuing South from the East/West alley-to Ohio Street for a distance of 146 feet and a width of 14 feet. The second alley to be vacated is the first East/West alley South of Sample Street from High Street West to the first North /South alley for a distance of 198 feet and a width of 14 feet, continuing West to Marietta Street for a distance of 212 feet and a width of 14 feet. The third alley to be vacated is the first East/West alley South of Sample Street from Marietta Street West to the first North /South alley for a distance of 198 feet and a width of 14 feet. The forth alley to be vacated is the first North /South alley West of Marietta Street, South from Sample Street to the first East/West alley for a distance of 134.64 and a width of 14 feet. The fifth alley to be vacated is the first North /South alley West of High Street from Ohio Street South a distance of 102.8 and a width of 14 feet. The sixth alley to be vacated is the first East/West alley from the first North /South alley West of High Street Southeast along the Norfolk and Western railroad right of way for a distance of 90 feet, more or less. All being a part of Wenger's Addition, Portage Township, City of South Bend, St Joseph County, Indiana. hereby determines that it is desirable to vacate said property. Fire Dept Training Facility, vacation.doc SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lot 28, US Sprint Communications Company P. O. Box 12913, Overland Park, KS 66212 Lot 29, Grand Trunk Western RR 1 Administration Road, Concord ON 46614 Pt of Lot 21, Redevelopment Commission 1200 County City Building, South Bend, IN 46601 Pt of Lot 21, South Bend Board of Public Works Rm 1300, 227 W. Jefferson Blvd, South Bend, IN 46601 Section IV. The purpose of the vacation of the real property is Construction of new South Bend Fire Department Training Facility 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 Cconcil Attest: d �s�g`�¢ a City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. Fire Dept Training Facility, vacation.doc City Clerk Approved and signed by me on the day of , 2 , at o'clock M. b Si p1}w _ HEARING 3 ra READING NpT APPRO��D RE`ERRED pp,55ED Fire Dept Training Facility, vacation.doc Mayor, City of South Bend, Indiana Filed In = �s Office JUN 18 2013 CITY CLERK, SOE _ 4 h SEND, IN PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE:—June 6, 2013 I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: All alleys bounded by Sample Street, High Street and the Grand Trunk Railroad tracks. B. THE STREET DESCRIBED AS: All•streets bounded by Sample Street, High Street and the Grand Trunk Railroad Tracks. NAME (signed & printed) Michael C. Mecham, P. E. City Engineer ADDRESS Room 1300, 227 West Jefferson Blvd. South Bend, IN 46601 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455 - COUNTY -CITY BUILDING SOUTH BEND, IN 46601 574 - 235 -9221 Fire Dept Training Facility, vacation.doc CONTACT PERSON (S) NAME: Same as above ADDRESS: PHONE: 574 - 235 -9251 LOT # See Legal Filed In 7' office JUN 18 2013 Crry CLERK, SC,, U I`i SEND, IN J CLERK, you �' SENID, IN The first street to be vacated is a portion of Marietta Street from Sample Street South to the intersection of Marietta and Ohio Street for a distance of 300 feet, more or less, and a width of 49.5 feet. The second street to be vacated is a portion of Ohio Street from the intersection of Ohio Street with Marietta Street East for a distance of 370 feet, more or less, to a point 50 feet West of the High Street right of way and a width of 50.5 feet. The first alley to be vacated is the first North/South alley West of High Street, South to the first East/West alley for a distance of 132 feet and a width of 14 feet and continuing South from the East/West alley to Ohio Street for a distance of 146 feet and a width of 14 feet. The second alley to be vacated is the first East/West alley South of Sample Street from High Street West to the first North/South alley for a distance of 198 feet and a width of 14 feet, continuing West to Marietta Street for a distance of 212 feet and a width of 14 feet. The third alley to be vacated is the first East/West alley South of Sample Street from Marietta Street West to the first North/South alley for a distance of 198 feet and a width of 14 feet. The forth alley to be vacated is the first North/South alley West of Marietta Street, South from Sample Street to the first East/West alley for a distance of 134.64 and a width of 14 feet. The fifth alley to be vacated is the first North/South alley West of High Street from Ohio Street South a distance of 102.8 and a width of 14 feet. The sixth alley to be vacated is the first East/West alley from the first North/South alley West of High Street Southeast along the Norfolk and Western railroad right of way for a distance of 90 feet, more or less. All being a part of Wenger's Addition, Portage Township, City of South Bend, St Joseph County, Indiana. 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD .SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE,BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS May 28, 2013 Mr. Michael Mecham City of South Bend Engineering 227 West Jefferson Boulevard, Room 1316 South Bend, Indiana 46601 PHONE 574/235 -9251 FAx 574/235-9171 RE: Alley Vacation — All Alleys bordered by Sample Street, High Street and the Penn Central Rail Road Tracks (Preliminary Review) Dear Mr. Mecham: The Board of Public Works, at its May 28, 2013, meeting, reviewed comments by the Area Plan Commission, Community Investment, Fire Department, and the Police Department. 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. GARY A. GILOT DONALD E. INKS KATHRYN E. RODS MICHAEL C. MECHAM MARK W. NEAL Page 2 of 2 May 28, 2013 Please contact Tony Molnar at (574) 235 -9254 prior to picking up your radius map. 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, Lm a M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Michael Mecham, Engineering Filed 1P C'. office JUN 18 1013 CITY CLERK, �Iui ;'x' ZeNo, IN Melinda Lercel From: Melinda Lercel Sent: Thursday, May 02, 2013 2:34 PM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez, jbyorni @co.st joseph.in.us; Eugene Eyster. Cc: Cheryl Greene; pmgriffin @nisource.com Subject: Ailey Vacation - Kayla Patel Attachments: Alley Vacation - Kayla Patel.pdf Please provide your recommendations. Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 miercel@southbendin.gov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 http://www.southbendin.gov Linda Martin From: Michael: Divita Sent: Friday, May 03, 2013 8:14 AM To: Linda Martin Cc: Jitin Kain; Chris Dressel Subject: FW: Alley Vacation - Kayla Patel Attachments: Alley Vacation - Kayla Patel.pdf Alley Vacation - Kayla Patel (near LWW & Iowa) Approval recommended. Given that this alley is overgrown with grass, it appears little used. No neighborhood or access issues would be apparent with this vacation. �,w ti+i Via; Michael Divita „<'• Planner >'�-:` ` +':. r•;,. Department of Community Investment +*� ? City of South Bend ' • 227 W. Jefferson Blvd., Suite 14005 South Bend, IN 46601 (574) 235 -5843 md Nita (@south bend in.aov From: Jitin Kain Sent: Thursday, May 02, 2013 3:37 PM To: Michael Divita Subject: FW: Ailey Vacation - Kayla Patel See attached and provide recommendation. y�* rov ;,,,. Atin Kain „<'• Director, Planning Department of Community Investment "'"";`4'. >' .,.. (574)235 -5835 ' • ikainCsouthbendin.gov City of South Bend 227 W. Jefferson Blvd., Suite 1400 S. South Bend, IN 46601 From: Melinda Lercel Sent: Thursday, May 02, 2013 2:34 PM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.st joseph.in.us; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource.com Subject: Alley Vacation - Kayla Patel Please provide your recommendations. Melinda Lercel From: Federico Rodriguez Sent: Friday, May 03, 2013 8:24 AM To: Melinda Lercel Subject: RE: Alley Vacation - Kayla Patel Approved S.B.F.D Federico (Chico) Rodriguez Fire Marshal Fire Prevention Bureau (574) 235 -7S64 frodrigu @so uthbendin.p,ov South Bend Fire Department 1222 S. Michigan St. 46601 ... ...... ..._...... ... . ........ ....... .. ..... . ... ......... .._.._. ... ..... __ ........ _ ................ ........... _ ....... ......... ..... _ .... _._._._.._......... .... From: Melinda Lercel Sent: Thursday, May 02, 2013 2:34 PM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.st- joseph.in.us; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource.com Subject: Alley Vacation - Kayla Patel Please provide your recommendations. Thank you, Melinda Lercel Department of Public Works Division of Engineering >_ (574) 235 -9251 mlercelPsouthbendin.gov City of South Bend ., " 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 httP: / /www.southbendin.gov Melinda Lercel From: Eugene Eyster Sent: Friday, May 03, 2013 7:28 AM To: Melinda Lercel Subject: RE: Alley Vacation - Kayla Patel Melinda, The Police Department would have no objection to this approval. Lt. Eyster .... . ...................... .... ......... ......._. . ........_ ............. ..... ... ._ From: Melinda Lercel Sent: Thursday, May 02, 2013 2:34 PM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.st- joseph.in.us; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource.com Subject: Alley Vacation - Kayla Patel Please provide your recommendations. Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 mlercelPsouthbendin.eov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 http://www.southbendin.gov JOHN W. BYORNI EXECUTIVE DIRECTOR C LARRY MAGLIOZZI 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 May 6,2013 City of South Bend Board of Public Works 13 "' Floor, County -City Building South Bend, Indiana 46601 RE: Alley Vacation Applicant: Kayla Patel Vacation of the East/West Alley between Locke Street and Lincolnway West going West from Iowa Street to the first North/South Alley. Dear Board Members: The staff has reviewed this petition. It is the staff's opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The portion of the alley to be vacated is unimproved and does not appear to be in use. It currently dead -ends in to the North/South Alley and would not affect the growth or orderly development of the neighborhood. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. This alley does not appear to provide direct access to any of the adjacent properties. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. There are no churches, schools, or other public places lying along this alley. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. The portion of the alley to be vacated is not being used as a public way. The surrounding properties have access on Iowa Street. Due to the above stated reasons, the staff recommends that the proposed alley vacation be approved. Please contact our office if you have any questions or need any additional information. Sincerely, Angela M. Smith Planner SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W.STJOSEVHCOUNTYINDIANA.COM Melinda Lercel From: Angela Smith. <ASmith @co.st josephJn.us> Sent: Tuesday, May 07, 2013 3:39 PM To: Melinda Lercel; Linda Martin Subject: Re: Alley Vacation - Kayla Patel Attachments: Locke -Lin colnway.doc; Smith, Angela.vcf Attached, please find our recommendation for the above referenced alley vacation. AngeCa -%f. Smith, Planner Area Plan Commission (574) 235 -9571 >>> Melinda Lercel <mlerceI(d)southbendin.gov> 5/2/2013 2:33 PM >>> Please provide your recommendations. Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 m lercei @south bendin.vov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 http: /fwww.southbendin.gov IMPORTANT NOTICE! This E -Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above. Any dissemination, distribution, copying or action taken in reliance on the contents of this E -Mail by anyone other than the intended recipient is strictly prohibited and is not intended to, in anyway, waive privilege or confidentiality. If you have received this E -Mail in error please immediately delete it and notify sender at the above E -Mail address. Please note that incoming a -mails are not routinely screened for response deadlines, and as such, please notify the sender separately by fax of any message containing deadlines. In addition, E -Mail information cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain virus. Therefore, the sender does not accept liability for any errors or omissions in the contents of this message which arise as a consequence of E -Mail transmission. If verification is required, please request a hard -copy version. INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 5/2/2013 TO: Andre Price, Solid Waste (? -Jifin Kain, .Community Investment Michael Mecham, Engineering Department Federico Rodriguez, Fire Department John Byorni, Area Plan Commission ('b orni co.st- e h.in.us or 235 -9813 fax) °vEyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (pmgriffinamisource.com) (FYI Only) FROM: Linda M. Martin, Clerk ,y}�u ---- SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION APPLICANT: Kayla Patel The East/West Alley between Locke Street and Lincolnway LOCATION: West going West from Iowa Street to the first North /South Alley. DATE DUE: ASAP FAX OR E -MAIL TO: 235 -9171 / Imartin(absouthbendin°gov RECOMMENDATIONS AND COMMENTS: By __ Date