HomeMy WebLinkAbout08-12-13 Council Agenda & PacketAGENDA
SOUTH BEND COMMON COUNCIL MEETING
MONDAY, AUGUST 12, 2013 7:00 P.M.
1. INVOCATION - REV. TONY SLAGLE
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB - COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION
WILL BE CHIEF OF STAFF- KATHRYN ROOS
6. REPORTS OF CITY OFFICES
7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
MTT T TVl
31 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS
SECTIONS OF CHAPTER 14, ARTICLE 9, OF THE SOUTH
BEND MUNICIPAL CODE ADDRESSING THE COMMUNITY
CAMPUS ADVISORY COALITION (CCAC)
32 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE
SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE
19, SECTION 2 -213; CHAPTER 19, ARTICLE 3, SECTION
19 -63 (C) (2); AND CHAPTER 20, ARTICLE 9,
SECTIONS 20 -112 AND 20 -113.4 ADDRESSING PENALTIES
FOR HANDICAPPED PARKING VIOLATIONS
33 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET
TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY
OF SOUTH BEND, INDIANA FOR THE YEAR 2013
34 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
CITY SERVICES OPERATIONS IN 2013 OF $124,256 FROM
GENERAL FUND ( #101), $35,000 FROM PARKS &
RECREATION FUND ( #201), $110,000 FROM MOTOR
VEHICLE HIGHWAY FUND ( #202), $10,752 FROM GIFT,
DONATION, BEQUEST FUND ( #217), $1,665,00 FROM EMS
CAPITAL IMPROVEMENT FUND ( #288), $500 FROM HAZMAT
FUND ( #289), $40,460 FROM INDIANA RIVER RESCUE
FUND ( #291), $184,502 FROM COUNTY OPTION INCOME
TAX FUND ( #404), AND $60,000 FROM ECONOMIC
DEVELOPMENT INCOME TAX FUND ( #408)
35 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
ENTERPRISE OPERATIONS IN 2013 OF $82,000 FROM
SOLID WASTE FUND ( #610), $180,000 FROM SOLID
WASTE DEPRECIATIONS FUND ( #611), $739,667 FROM
WATER WORKS BOND CAPITAL FUND ( #623), $336,502
FROM SEWAGE WORKS GENERAL FUND ( #641) $274,502
FROM SEWAGE WORKS CAPITAL FUND ( #642), $1,080,895
FROM SEWAGE WORKS SINKING FUND ( #649), $2,438,088
FROM SEWAGE WORKS DEBT SERVICE RESERVE FUND
( #653), $81,065 FROM 2013 SEWER REFUNDING BOND
FUND ( #664) AND $611,752 FROM CENTURY CENTER
OPERATING FUND ( #670)
8. BILLS, THIRD READING TIME:
RTT,T, NC) _
31 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS
SECTIONS OF CHAPTER 14, ARTICLE 9, OF THE SOUTH
BEND MUNICIPAL CODE ADDRESSING THE COMMUNITY
CAMPUS ADVISORY COALITION (CCAC)
32 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE
SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE
19, SECTION 2 -213; CHAPTER 19, ARTICLE 3, SECTION
19 -63 (c) (2); AND CHAPTER 20, ARTICLE 9,
SECTIONS 20 -112 AND 20 -113.4 ADDRESSING PENALTIES
FOR HANDICAPPED PARKING VIOLATIONS
33 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET
TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY
OF SOUTH BEND, INDIANA FOR THE YEAR 2013
34 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
CITY SERVICES OPERATIONS IN 2013 OF $124,256 FROM
GENERAL FUND ( #101), $35,000 FROM PARKS &
RECREATION FUND ( #201), $110,000 FROM MOTOR
VEHICLE HIGHWAY FUND ( #202), $10,752 FROM GIFT,
DONATION, BEQUEST FUND ( #217), $1,665,00 FROM EMS
CAPITAL IMPROVEMENT FUND ( #288), $500 FROM HAZMAT
FUND ( #289), $40,460 FROM INDIANA RIVER RESCUE
FUND ( #291), $184,502 FROM COUNTY OPTION INCOME
TAX. FUND ( #404), AND $60,000 FROM ECONOMIC
DEVELOPMENT INCOME TAX FUND ( #408)
35 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
ENTERPRISE OPERATIONS IN 2013 OF $82,000 FROM
SOLID WASTE FUND ( #610), $180,000 FROM SOLID
WASTE DEPRECIATIONS FUND ( #611), $739,667 FROM
WATER WORKS BOND CAPITAL FUND ( #623), $336,502
FROM SEWAGE WORKS GENERAL FUND ( #641) $274,502
FROM SEWAGE WORKS CAPITAL FUND ( #642), $1,080,895
FROM SEWAGE WORKS SINKING FUND ( #649), $2,438,088
FROM SEWAGE WORKS DEBT SERVICE RESERVE FUND
( #653), $81,065 FROM 2013 SEWER REFUNDING BOND
FUND ( #664) AND $611,752 FROM CENTURY CENTER
OPERATING FUND ( #670)
9. RESOLUTIONS
BILL NO.
13 -49 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING A PETITION OF THE
AREA BOARD OF ZONING APPEALS FOR THE PROPERTY
LOCATED AT 1724 S. MAIN ST., SOUTH BEND, INDIANA
13 -45 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN 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 -50 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 773 PULLING STREET AS A RESIDENTIALLY
DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR
RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JOEL
& KATHERINE DOSMANN
13 -51 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 1047 LINCOLN WAY EAST TO BE AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A FIVE (5)
YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CROOKED
EWE, INC.
13 -52 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 1047 LINCOLN WAY EAST AS AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A THREE 3
YEAR REAL PROPERTY TAX ABATEMENT FOR CEOL MOR
PROPERTIES, LLC
13 -53 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING THE SALE OF REAL
ESTATE BY THE BOARD OF WORKS
10. BILLS, FIRST READING
BILL NO.
36 -13 FIRST READING ON A BILL TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: A PORTION OF HARTMAN DRIVE
FROM OAK RIDGE DRIVE EAST TO THE EAST PROPERTY
LIMITS OF LOTS 87 & 8`8 WOODED ESTATES
37 -13 FIRST READING ON A BILL TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY
SOUTH OF CEDAR RUNNING WEST FROM EDDY STREET FOR
A DISTANCE OF APPROXIMATELY 200 FEET TO IT'S
TERMINATION POINT
38 -13 FIRST READING ON A BILL TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS
THE FIRST NORTH /SOUTH ALLEY EAST OF TAYLOR STREET
FROM WESTERN AVENUE SOUTH TO THE FIRST VACATED
EAST /WEST ALLEY
39 -13 FIRST READING ON A BILL TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE PUBLIC ALLEY EAST OF
MAIN STREET BOUNDED BY WAYNE STREET ON THE NORTH
AND WESTERN AVENUE OF THE SOUTH
40 -13 FIRST READING ON A BILL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING SECTION 14 -56 OF CHAPTER
14, ARTICLE 9, OF THE SOUTH BEND MUNICIPAL CODE
ADDRESSING TEMPORARY RESIDENTIAL ONE -DAY
CONDITIONAL USE PARKING PERMIT PROCEDURES AND
FEES AND SEASONAL CONDITIONAL USE LAWN PARKING
PERMIT
41 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
ENTERPRISE OPERATIONS IN 2013 OF $246,770 FROM
CENTURY CENTER CAPITAL FUND ( #671)
42 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
CITY SERVICES OPERATIONS IN 2013 OF $6,074,038
FROM EMS CAPITAL IMPROVEMENT FUND ( #288)
11. UNFINISHED BUSINESS
1. BILL NO 13 -54 - A RESOLUTION CONFIRMING A PROPERTY TAX
EXEMPTION FOR A DATA CENTER LOCATED AT 1400 E. ANGELA
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.
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 14, ARTICLE 9, OF THE
SOUTH BEND MUNICIPAL CODE ADDRESSING THE
COMMUNITY CAMPUS ADVISORY COALITION (CCAC)
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council notes that on September 24, 2007, Ordinance No. 9785 -07
passed Ordinance No. 9785 -07 which created a new Article in Chapter 14 of the South Bend
Municipal Code entitled "Regulations Addressing Special Events in Residentially Zoned Areas ".
The 2007 15 -page ordinance was the result of many meetings hosted by the Council's
Community Relations Committee which focused on several pro- active measures to help protect the
residents in residential neighborhoods and to help protect visitors who come to the City's residential
neighborhoods. It also included the review of many publications from the U.S. Department of
Education and other key publications addressing "unruly parties ", "house parties" "off- campus
parties where alcohol is present ", and other residential topics.
One of the components of that ordinance also included the formal establishments of a "town
and gown" group which would regularly meet in order to collaborate, share information related to
improving relations. in residential neighborhoods, as well as to keep the Common Council updated
and make advisory recommendations to the Council Members. It was noted that:
"By having a Community Campus Advisory Coalition meet on a regular
basis throughout the calendar year, we will gain insights, build strong
partnerships and have the opportunity to work together to see that the best
local legislation is in place which fits the needs of South Bend residents, South
Bend neighborhoods, and embraces our university and college neighbors ".
The Common Council notes that "in the interest of collaboration and information sharing ",
the CCAC is to provide updates to the Common Council's Community Relations Committee and the
Council's Residential Neighborhoods Committee on or before the I` Monday of October, on or
before the 1 s` Monday of November, on or before March Is' and on or before June I".
The Council further notes that the Community Campus Advisory Coalition is authorized,
pursuant to South Bend Municipal Code § 14 -60, to bring advisory recommendations to the
Common Council which are believed to be "...in the best interests of carrying out the public health
and safety intent and purposes" of South Bend Municipal Code § 14 -50, which provides that
reasonable regulations are needed to:
Protect the quality of life in residential neighborhood by controlling large parties or
gatherings
2013 CCAC Ordinance
Page 2
• Protect the peace, health, safety or general welfare of the general public and the persons
attending such gatherings
• Balance the rights of those hosting such events with the rights of quiet enjoyment of the
surrounding neighbors
• Strengthening collaboration and to help reduce the costs of providing police, fire and
emergency medical response services to loud and unruly special events
This ordinance sets forth advisory recommendations from the Community Campus Advisory
Coalition which are believed to be in the best interests of the citizens of the City of South Bend,
Indiana.
/ ""O "'r , Ge & eryla neWby the Common Council of the City of South Bend,
Indiana, as follows:
Section I. Chapter 14, Article 9, Section 14 -51 addressing "Definitions" of the South Bend
Municipal Code is amended by amending the definition of "Community Campus Advisory
Coalition" with all other definitions set forth therein remaining the same:
Community Campus advisory Coalition (CCAC): a-24 23- member advisory task
force consisting of representatives from residential neighborhoods, elected and appointed South
Bend Municipal Officials, St. Joseph County officials, University /College Officials, and
University /College Student Officials who are charged with identifying neighborhood concerns
and proposed action plans to address such concerns.
Section II. Chapter 14, Article 9, Section 14 -52 of the South Bend Municipal Code is amended
to read as follows:
Sec. 14 -52 Community Campus Advisory Coalition (CCAC).
(a) CCAC established. In the spirit of promoting positive collaboration and pro- active
measures, a 24 24- member Community Campus Advisory Coalition (CCAC) is established.
(b) CCAC membership: The initial CCAC members shall include the following individuals
or their official designees:
Adult Program Coordinator of the Robinson Community Learning Center
Chief of Police of the City of South Bend
Corporation Counsel City AOemey of the City of South Bend
Director of Code Enforcement of the City of South Bend
4"' District Common Council Member
Holy Cross College official having jurisdiction over off - campus activities
Indiana University South Bend official having jurisdiction over off - campus activities
Ivy Tech Community College official having jurisdiction over off - campus activities
Mayor of the City of South Bend
Neighborhood resident selected by the Community Relations Committee and the
Residential Neighborhoods Committee
2013 CCAC Ordinance
Page 3
Representative of the Alcohol Beverage Commission -Board
Representative of landlords of off - campus student housing
Representative of the St. Joseph County Association of Realtors
South Bend Common Council Attorney
St. Joseph County Sheriff
St. Mary's College official having jurisdiction over off - campus activities
Student Body President of Holy Cross College
Student Body President of Indiana University South Bend
Student Body President of St. Mary's College
Student Body President of University of Notre Dame
Two (2) At Large Members of the South Bend Common Council
Two (2) University of Notre Dame administrative official having jurisdiction over
off - campus activities
(c) Meetings: CCAC shall meet not less than mewl 4Y uarterl , with more meetings held
during the last quarter of each calendar year if needed.
(d) Minutes: Copies of the CCAC agendas and meetings minutes shall be regularly sent to
the Office of the City Clerk for distribution to the South Bend Common Council and posted on the
Council's website for informational purposes.
(e) Quorum: A majority of the CCAC members shall constitute a quorum.
(f) Presiding Officers: CCAC shall select a Presiding Officer, Recording Secretary, and
other officers deemed necessary from its membership, who shall serve for one -year terms.
(g) CCAC Duties and Responsibilities: CCAC shall be charged with making advisory
recommendations to the Council's Community Relations Committee and the Council's Residential
Neighborhoods Committee at times specified in section 14 -60. Topics shall include, but not be
limited to the following:
(1) Identification of neighborhood concerns which may relate to university /college
presence
(2) Prioritization of issued identified
(3) Proposed solutions, proposed action strategies and proposed person(s) entities
needed to implement such solutions and action strategies
(4) Development of primary areas of responsibility and performance measures for
each proposed action strategy
(5) Cost - benefit analysis for each proposed action strategy
(6) Short and long -term time lines for action plans and/or action strategies
(7) Pursue grant opportunities'
' The U.S. Department of Housing and Urban Development's (HUD) Community Outreach Partnership Center
Program and the Department of Commerce's University Centers Program are specifically for the use of universities
in solving community problems, with grant opportunities also being available from the National Endowment for
the Parts. Private foundations such as the Fannie Mae Foundation, the Ford Foundation, the Kellogg Foundation,
2013 CCAC Ordinance
Page 4
Section III. 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 IV. 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
of
m.
i M READING
PUBLIC HEARING
3 rd READING
NOT APPROVED
RHERRED
PASSED
Gavin Ferlic, Council Member at Large
m.e //f <<��z��i i� //c C >/� i�CJ <n //• � �iii�! �iic / %c on the
, 2013 at o'clock . m.
Office of the City Clerk
'ii.o /by me on the day of
2013 at o'clock
day
Pete Buttigieg
Mayor of the City of South Bend, Indiana
Filed In
}
JUL ? ?U113
CITY Cf. °f : �.. ��:.it • . ' fit:? a, iin
the Devitt Wallace Foundation and the Robert Wood Johnson Foundation provide "University- community
partnership program" funding, with many of these grant opportunities not being available to the community
without the involvement of a university partner.
$ptJ TF16�
Ak
City of South Bend
W PEACE/ �
Common Council
x s
1865 441 County -City Building • 227 W. Jefferson Blvd
South Bend, Indiana 46601 -1830
Derek D. Dieter
President
July 16, 2013
(574) 235 -9321
Fax (574) 235 -9173
http://www.southbendin.gov
Oliver J. Davis
Members of the South Bend Common Council
Vice- President
4`h Floor County -City Building
South Bend, Indiana 46601
Karen L. White
from the CCAC at its last meeting,
Chairperson, Committee
Re: Proposed Upgrades to the CCAC Regulations
of the Whole
■ Increases the CCAC membership from 21 to 24 members
Tim Scott
Dear Council Members:
First District
I am pleased to introduce the attached proposed ordinance for your review
Henry Davis, Jr.
and favorable consideration. It would incorporate changes to the
Second District
regulations governing the Community Campus Advisory Coalition
(CCAC).
Valerie Schey
the CCAC membership
Third District
Since 2007, the CCAC has been actively meeting on a regular basis. As a
result of these collaborative efforts, improved communications have taken
Fred Ferlic
Fourth District
place between the City of South Bend and our academic neighbors.
Neighborhood representatives and law enforcement officials have noted
David Varner
on several occasions that the quality of life issues continue to be positively
Fifth District
addressed as a result.
Oliver J. Davis
In the interest of fostering enhanced collaborations, the attached ordinance
Sixth District
is introduced for your review. The following changes to Section 14 -52 of
the South Bend Municipal Code received a favorable recommendation
Derek D. Dieter
from the CCAC at its last meeting,
At Large
Gavin Ferlic
■ Increases the CCAC membership from 21 to 24 members
At Large
■ Deletes "City Attorney" and inserts "Corporation Counsel" to reflect
the current head of the Department of Law
Karen L. White
■ Adds an Ivy Tech Community College official to the CCAC
At Large
membership
■ Adds a member of the St. Joseph County Association of Realtors to
the CCAC membership
■ Adds the St. Joseph County Sheriff to the CCAC membership
■ Corrects the title of the Alcohol Beverage Board
■ Changes the meetings from monthly to quarterly
■ Would have the CCAC meeting minutes posted on the Council's
website for informational purposes
Cover Letter to the 2013 CCAC Ordinance
July 16, 2013
Page 2
Members from the St. Joseph County Sheriff's Office, local realtors and Ivy Tech have
participated in past CCAC meetings. Their input has been enlightening and therefore it is
believed that representatives should be added to the CCAC membership.
I request that this proposed ordinance be sent to the Community Relations Committee and the
Residential Neighborhoods Committee so that a joint meeting can be held. Public hearin would
be scheduled for August 12h. The next CCAC meeting is scheduled for August 20` at the
Robinson Center.
As the CCAC Presiding Officer for this year, I believe that the proposed changes will further
enhance a great collaborative vehicle which has enabled positive outcomes benefiting many.
Thank you.
Most sincerely,
Gavin Ferlic
Council Member at Large
Attachment
Filed iri,.
Jul 20Q
Ciry cli.,trRg';
ov
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2,
ARTICLE 19, SECTION, 2 -213; CHAPTER 19, ARTICLE 3, SECTION 19- 63(c)(2);
AND CHAPTER 20, ARTICLE 9, SECTIONS 20 -112 AND 20 -113.4 ADDRESSING
PENALTIES FOR HANDICAPPED PARKING VIOLATIONS
STATEMENT OF PURPOSE AND INTENT
Pursuant to Indiana Code § 5- 16 -9 -9, the City of South Bend regulates and enforces
under Chapter 20, Article 9 of the Soutb Bend Municipal Code, the street, lot, garage and other
parking of motor vehicles in a space reserved for persons with a physical disability.
During the 2013 term of the Indiana General Assembly, Senate Enrolled Act (SEA) 387
was passed, effective July 1, 2013, which increases the penalty from Fifty Dollars ($50.00) to
One Hundred Dollars ($100.00) for parking in space reserved for a person with a disability.
Because IC 5- 16- 9 -9(b) provides that a municipal ordinance which regulates parking of motor
vehicles in a space reserved for a person with a physical disability "may not conflict with this
chapter," South Bend must amend its Municipal Code at Chapter 20, Article 9, and also Chapter
19, Article 3 regulating parking in municipal parks, to provide a penalty consistent with that of
IC 5- 16 -9 -5 and IC 5- 16 -9 -8 which were amended under SEA 387. Also requiring amendment
to reflect the new penalty is Chapter 2, Article 19, Section 2 -213, which is a schedule of all
penalties imposed by various sections of the South Bend Municipal Code.
This ordinance authorizes the amendment of affected sections of the South Bend
Municipal Code to increase the penalty in the City of South Bend from $50.00 to $100.00 for
parking violations related to spaces reserved for a person with a physical disability.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
Section I. Section 20 -112 of Chapter 20, Article 9 of the South Bend Municipal Code
shall be and hereby is amended to read in its entirety as follows:
Section 20 -112.- Penalties.
Any motor vehicle found parking in areas designated for the exclusive use of
mobility handicapped persons which does not bear a disabled veteran registration
plate, a special registration plate, or display a handicapped parking permit issued
by any State or municipality, shall be fined iffy c oars - ($5&§a) one hundred
dollars $100.00). Additionally, any motor vehicle found in violation of this
section for longer than one (1) hour shall be towed at the owner's expense.
Continuing violations under this section shall constitute a separate offense and be
punishable by a separate penalty for each infraction.
Section II. Section 20 -113.4 of Chapter 20, Article 9 of the South Bend
Municipal Code shall be and hereby is amended to read in its entirety as follows:
Section 20- 113.4.- Penalties.
The parking of a vehicle by any person in a space reserved hereunder during the
hours such space is reserved without a visible permit showing such parking to be
authorized shall be fined fifty dollars ($50.00) one hundred dollars ($100.00).
Continuing violations under this section shall constitute a separate offense and be
punishable by a separate penalty for each infraction.
Section III. Section 19 -63(c) (2) of Chapter 19, Article 3 of the South Bend Municipal
Code shall be and hereby is amended to read in its entirety as follows:
Section 19- 63(c)(2) — Traffic control and speed limitations.
Any motor vehicle found parking in areas designated for the exclusive use of
mobility handicapped persons which does not bear a disabled veteran registration
plate or a special registration plate, or display a handicapped parking permit
issued by any State or municipality shall be fined fifty dollars ($50.00) one
hundred dollars ($100.00). Continuing violations under this section shall
constitute a separate offense and be punishable by a separate penalty for each
infraction.
Section IV. Section 2 -213 of Chapter 2, Article 19 of the South Bend Municipal Code
shall be and hereby is amended by the inclusion of the following insertions to the chart in proper
numerical order:
Municipal Code Section
Type of Violation
Ity
19 -63
Parks: Handicapped parking
50.0 100.00
20 -112
Handicapped parking
100.00
20- 113(b)
Handicapped parking
50.00 100.00
Section V. This Ordinance shall be in full force and effect from and after adoption by the
Common Council, approval by the Mayor, and notice as required by law.
OCII.ILV 0J_ 1% *-
Member, South Bend Common Courilil
Attest: Signing of his Nil los run " t o pron'd1a an
opportunity for z: "'°;" 'hazaring and
Council aeon on IMMue.
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
.m.
I st READING � — Z1,-1 3
PUBLIC HEARING
3 rd REAMING
NOT APPROVED
NEFFEFRED
PASSED
2013, at o'clock
Mayor, City of South Bend, Indiana
Filed 1r= _Office
tU13
C17Y CLERK, 3'QU N SEND, IN
1200 COUNTY-CITY BUILDING
227 w. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601 -1830
CRISTAL C. BRISCO
CORPORATION COUNSEL
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF LAW
July 17, 2013
Mr. Derek Dieter
President, South Bend Common Council
4 I Floor, County -City Building
South Bend, IN 46601
PHONE 574/ 235 -9241
FAx 574/235 -7670
ALADEAN M. DFROSE
CITY ATTORNEY
Filed in ' Office
Z. U 13
CITY CLERK SOUTH SEND, IN
Re: Ordinance Amending the South Bend Municipal Code — Handicap Parking Violation
Penalties
Dear President Dieter:
Attached for filing with the South Bend Common Council is a Bill/ Ordinance amending
various sections of the South Bend Municipal Code pertaining to the penalty for parking
unlawfully in a space reserved for a person with a physical disability. Specifically, the ordinance
amends Chapter 20, Article 9, Sections 20 -112 and 20- 113.4; Chapter 19, Article 3, Section 19-
63(c) (2); and Chapter 2, Article 19, Section 2 -213.
During the 2013 session of the Indiana General Assembly, the State penalty for
infractions related to parking unlawfully in spaces reserved for persons with a physical disability
was increased from $50.00 to $100.00, effective July 1, 2013. By State statute (IC 5- 16- 9- 9(b)),
any local law which regulates such parking, as South Bend does, must be consistent with State
law. That is why this ordinance is being filed with the South Bend Common Council.
I will present this Bill to the Common Council at its appropriate committee meeting and
at the public hearing during the Common Council's regular meeting.
Thank you for your consideration of this matter.
Aladean M. DeRose
City Attorney
CHERYL A. GREENE ANN - CAROL. NASH
ANDREA L. BEACHKOFSKY LAWRF.NCF. J. METEIVER JEFFREY L. SANFORD
S u_.� s\i-, Vi i. / a., 0,i 3 3 -�3
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF -SOUTH BEND,
INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN
THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2013
STATEMENT OF PURPOSE AND INTENT
Unforeseen conditions have developed since the adoption of the existing budgets
(Ordinances #10197 -12 and #10198 -12 passed on October 29, 2012) which necessitate
the increase and reduction of appropriations within the various departments of the
General Fund and other funds of the City of South Bend during 2013.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. All accounts as set forth in the detailed attachment hereto which are
incorporated herein shall be adjusted by increase or reduction of appropriation in the
designated sums.
Section II. This ordinance shall be in 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 , 2013, at o'clock _ . m.
Deputy City Clerk
Approved and signed by me on the day of
o'clock . m.
�_ZZ�E3
EADIhG
1 UlIC HEAR{NG
rd READ i�lG
OT APPROVED
_cER;ED.
ASS[D
Mayor, City of South
, 2013, at
Filed In Cli ork`s Office
EAU 7 20 13
s
CITY Y CLERk SOU rrs 1JEND, IN
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227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
PHONE 574.235.9216
FAX 574.235.9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
August 6, 2013
Mr. Derek D. Dieter, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4th Floor
South Bend, Indiana 46601
RE: 2013 Mid -Year Budget Budget Transfer Ordinance — Substitute Bill Number 33 -13
Dear President Dieter,
Enclosed please find Substitute Bill Number 33 -13 relative to the 2013 Mid -Year Budget
Transfer Ordinance for the City of South Bend. This amendment requests a budget
transfer of $100,000 of unspent dollars in the Parks & Recreation Fund to prepare
comprehensive master plans for the zoo and parks department in connection with a
potential parks bond.
I will be available to discuss this substitute bill to the Common Council at the appropriate
committee and council meetings.
Thank you for your attention to this request. If you should have any questions, please feel
to contact me at 574- 235 -7500.
Regards,
Mark W. Neal
City Controller
CC: Mayor Pete Buttigieg
Kathryn Roos, Deputy Chief of Staff
Christal Brisco, Corporation Counsel
8�
6-t VV IJ�) I � 3 -`f 9
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
1724 S Main St. South Bend, IN 46613
WHEREAS, Indiana Code Section 36- 7- 4- 918.6, requires the Common Council to give notice
pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board
of Zoning Appeals for approval or disapproval; and
WHEREAS, the Common Council must take action within sixty (60) days after the Board of
Zoning Appeals makes its recommendation to the Council; and
WHEREAS, the Common Council is required to make a determination in writing on such
requests pursuant to Indiana Code Section 36- 7- 4- 918.4, and
WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to
applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition from the
Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a
Special Exception be granted for the property located at: 1724 S Main St.
South Bend, IN 46613
in order to permit a gymnastics studio in a "LI" District and a variance from the required 334
parking spaces to 40.
SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the
Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of
which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby fords that:
1. The proposed use 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 City of South Bend
Comprehensive plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions
established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
RESENTED
PTAPPROVEf)
: . .
WDOF?'bb�
Member of the Common Council
p }Pew 44iii id `l .i and
Opp
issues
Filed ELI 1C.. er ps 04r;
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CITY CLERK, SOUTH BEND, IN
Petitioner: JOYS Gymnastics Inc.
3517 Pleasant Dr.
South Bend, IN 46615
Property in petition: 1724 S. main St.
South Bend, IN 46613
Seeking: Special Exception to allow a gymnastics studio in a "LI" District
and a variance from the required 334 parking spaces to 40.
The allowance of this special exception will not be injurious to the public health,
safety, comfort, community moral standards, convenience, or general welfare. Joys
Gymnastics is dedicated to providing a nurturing environment for youth in our
community. We help youth to excel not only in athletics, but in life itself. We are
committed to leading strong and building winners.
The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein. JOYS Gymnastics has been an upstanding organization in the
community for 40 years. We are dedicated to working with neighbors to solve common
problems and to be an asset to the neighborhood.
The use will be consistent with the character of the district in which it is located and the
land uses therein. Our intent is to operate a caring, nurturing environment for youth. Our
"image" and character is crucial to our mission.
The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive Plan.
Presenter: Thomas J Willamowski - Brd. President
JOYS Gymnastics
54879 Davenport Rd
(574) 876 -8440
Current Zoning: Light Industrial
South Bend, IN 46628
NOTICE OF PUBLIC HEARING
Notice is hereby given to all interested persons that the Area Board of Zoning Appeals will hold a public
hearing in the Council Chambers on the 4th Floor of the County -City Building, 227 W. Jefferson Blvd., South
Bend, Indiana on the 3rd'day of July, 2013, at 1:30 p.m. or as soon thereafter as the matter can be heard. This
hearing is for the purpose of considering a petition that was filed by:
JOYS Gymnastics Inc.
SEEKING: —A Special Exception to allow a gymnastics studio in a "LI" District and a variance from the
required 334 parking spaces to 40 on a certain real estate in St. Joseph County, Indiana.
THIS REAL ESTATE IS COMMONLY DESCRIBED AS: 1724 S Main St. South Bend, IN 46613
AND IS LEGALLY DESCRIBED AS FOLLOWS: Lots 1,2,3,4,5 H BRAZYS 2ND ADD
Dated this 11th day of June, 2013.
Area Board of Zoning Appeals
V M
t Wnry
Secretary to the Board
AREA BOARD OF ZONING APPEALS
FILED
Date: 44L
TO THE PETITIONER: It is your responsibility to complete this form correctly and deliver it to the Secretary
of the Board. of Zoning Appeals with the other papers at the time of original filing.
Once it is signed by the Secretary, then it is your responsibility to make
arrangements to have publication of notice made in a local newspaper having
general circulation in St. Joseph County. Such notice must be published
one (1) time, being at least ten (10) days prior to the date on which the
public hearing is to be held. Proof of publication must be presented to
the Board at the time of public hearing.
- -- - -- - -- - -- - -- - --
MAIN STREET 99' R/W
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St. Joseph Parcels County Parcels
Rec PARCELID
NAME_1
MAILINGADD
MAILINGCIT
MAILIP
MAILINGZIP
1 018- 8009 -0436
BORYSIAK IRENE
720 W Lasalle
South Bend
IN
46601
2 018 - 8008 -0400
HILLTOP CO LIMITED LIABILITY CO
120 W Lexington Av
Elkhart
IN
46516
3 018- 8008- 040601
BALENTINE ELVIS E
1016 E 12th St
Mishawaka
IN
46544
4 018 - 8009 -0407
BALENTINE ELVIS E
1016 E 12th St
Mishawaka
IN
46544
5 018 - 8009 -0408
BALENTINE ELVIS E
1016 E 12th St
Mishawaka
IN
46544
6 018 - 8009- 043501
PEACHES INC
1811 S Michigan St
South Bend
IN
46613
7 018 - 8008- 040501
TAYLOR DANNY E & CAROL S
65531 Sr 23
North Liberty
IN
46554
8 018 - 8009 -0413
SSDL LLP
Po Box 4189
South Bend
IN
46634
9 018 - 8008 -0381
SSDL LLP
P 0 Box 4189
South Bend
IN
46615
10 018 -8009- 040901
BALENTINE ELVIS
1016 E 12th St
Mishawaka
IN
46544
11 018 - 7042 -1654
KALKA JAMES E & RETHA M
1716 S Michigan St
South Bend
IN
46601
12 018 - 8009 - 043701
THE TORCH LOUNGE
1817 S Michigan St
South Bend
IN
46613
13 018 - 8009 -0434
CEILLEY BERNIE M & LINDA 1
PO Box 5121
Vero Beach
FL
32961
14 018 - 8009 -0427
GRAF JERRY
5201 Breezewood
Mishawaka
IN
46544
15 018- 8009 -0435
STULAJTER MILAN
1809 S Michigan
South Bend
IN
46613
16 018 - 8009 -0426
GRAF JERRY D & DIANE
5201 Breezewood Dr
Mishawaka
IN
46545
17 018- 8009 -0424
GRAF JERRY D & DIANE
5201 Breezewood Dr
Mishawaka
IN
46544
18 018- 7043 -1679
FLORES SALVADOR
1122 21st St
South Bend
IN
46615
19 018 - 8009 -0433 -
THAUMATURGUS INC C /OJEROME P IVACIC,
PRESIDENT
3019 S Michigan St
South Bend
IN
46614
20 018- 8009 -0423
ULMAN KATHLEEN K
1802 S Main
South Bend
IN
46613
21 018- 8009 -0411
BALENTINE ELVIS
1016 E 12th St
Mishawaka
IN
46544
22 018 - 8008 - 039802
BALENTINE ELVIS E
1016 E 12th St.
Mishawaka
IN
46544
23 018 - 8008 -0406
BALENTINE ELVIS E
1016 E 12th St
Mishawaka
IN
46544
24 018 -8008- 039801
BALENTINE ELVIS E
1016 E 12t St
Mishawaka
IN
46544
25 018 - 7043 -1678
LAX KENNETH R
1804 S Michigan St
South Bend
IN
46613
26 018 - 8009 -0412
BALENTINE ELVIS
1016 E 12th St
Mishawaka
IN
46544
27 018 -7042- 165501
SINTON SUPPLY INC
1718 S Michigan
South Bend
IN
46613
28 018 - 8008 -0398
BALENTINE ELVIS E 97 -98 PROBLEM DEED
#6387 LEGAL INC
1016 E 12th St
Mishawaka
IN
46544
29 018- 8008 -0401
BALENTINE ELVIS E
1016 E 12th St
Mishawaka
IN
46544
30 018 - 8008 -0403
SAYLOR FAMILY TRUST W /WALTER SR &
SHARON L AS TRUSTEES
51870 Emmons Rd
South Bend
IN
46637
31 018 - 7031 -1218
AMBASSADORS FOR CHRIST CHURCH
302 W Washington
South Bend
IN
46601
32 018 - 7042 -1653
KALKA JAMES E & RETHA M % FIRST SOURCE
BANK
1716 S Michigan St
South Bend
IN
46601
33 018- 8008 -0396
KASER GAREY B
1626 S Main
South Bend
IN
46613
34 018 - 8008 -0394
KASER GAREY B
1626 S Main
South Bend
IN
46613
35 018 - 8008 -0393
REALTY INCOME PROPERTIES 13 LLC
PO Box 1017
Charlotte
NC
28201
36 018 - 8007 -0371
CALIFANO PAULINE
1701 S Main St
South Bend
IN
46613
Wednesday, July 3, 2013
4th Floor, Council Chambers
AREA BOARD OF ZONING APPEALS
OF
ST. JOSEPH COUNTY, INDIANA
AGENDA
1:30 p.m.
County -City Building
1. The petition of Jean Conner seeking a variance from the required 40' rear yard setback to 18', on property
located at 10956 Lakeshore Drive, Penn Township. Zoned Residential.
2. The petition of Carletta Berger /Property 1 seeking a variance from the required front 25' setback to 11', on
property located at 2419 Harwood St., Penn Township. Zoned "SF I".
3. The petition of Shannon M. Dobrucki & Amy E. Dobrucki seeking a variance from the required 25' setback
to 14' for an inground swimming pool and to 10' for a 6' privacy fence, on property located at 58131
Heritage Pointe Drive, Warren Township. Zoned Residential.
4. The petition of David A.& Maxine M. Jozwiak seeking the following variances: from the required 8.1' side
yard setback to 15 "; from the required 5' rear yard setback to 15 ", and from the maximum one accessory
structure to three, on property located at 1132 E. Dayton Street, Portage Township. Zoned "SF2.
5. The petition of Andrew & Valynda Myer seeking from the maximum 3' height to 4' for a fence with less
than 70% open space in the front yard setback, on property located at 318 Ada Street, Town of New
Carlisle, Olive Township. Zoned Residential.
6. The petition of Romy R. and Charleen M. Rush seeking a variance from the maximum allowable 960 sq. ft.
for accessory buildings to 2,132 sq.ft., on property located at 23437 Roosevelt Road, Greene Township.
Zoned Residential.
7. The petition of Golden Oak Village seeking a variance from the required 112 parking spaces to 98 and from
the required 30' building setback to 10' along the east property line, on property located at 5150 Hamlin
Court, Clay Township. Zoned "MF2 ".
8. The petition of Michael J. Carmichael seeking a variance from the required 20 acres to 10 acres, on property
located at 62700 Mulberry Road, Greene Township. Zoned Agricultural.
9. The petition of Stephen P. and Rita M. Udvardy seeking a variance from the required 20 acres to 10.12
acres, on property located at 26840 Madison Road, Greene Township. Zoned Agricultural.
10. The petition of Edwin H. Durrell seeking a variance to allow a third controlled use within 1000 feet, on
property located at 2050 Ireland Road, Centre Township. Zoned "CB ".
Area Board of Zoning Appeals
July 3, 2013
Page 2
l l . The petition of Hannah & Friends Neighborhood, Inc. seeking approval of a revised site plan for an
approved Special Use to allow for an activity center and for an additional greenhouse, on property located at
51250 Hollyhock Road, Clay Township. Zoned Residential with a Special Use.
12. The petition of Charles S. Hayes, Inc. seeking the following variances: from the required perimeter
landscaping to no landscaping; from the required 18 parking spaces to zero; and from the required 5'
building setbacks to 0' on the east, north and south property lines, on property located at 525 N. Hill Street,
Portage Township. Zoned "MU ".
13. The petition of JOYS Gymnastics Inc. seeking a Special Use to allow a gymnastics studio in a "LI" District
and a variance from the required 334 parking spaces to 40, on property located at 1724 S. Main Street,
Portage Township. Zoned "LI ".
14. The petition of Jeffery and Patricia Hoshaw seeking a Special Use to allow ceramic coating for
gunsmith /gun shop, on property located at 51345 Golden Oak Ct., Harris Township. Zoned Residential.
County Council 07- 03- 13 -13.
OTHER BUSINESS:
JOHN W. BYORNI
EXECUTIVE DIRECTOR
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
June 26, 2013
Area Board of Zoning Appeals
125 S. Lafayette, Suite 100
South Bend, Indiana 46601
RE: Area Board of Zoning Appeals Meeting
Dear Board Members:
The following comments are being made concerning some of the items to be heard at the Area
Board of Zoning Appeals meeting on Wednesday, June 5 2013. The absence of comments
on any particular item should not be construed to mean that the staff agrees with the request.
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 diiculties
in the use of the property.
4. Petition of David A. & Maxine M. Jozwiak.
The staff recommends denial of the proposed setback variances. There is adequate room to
place the proposed 10'x12' shed on the existing 12.7'x18.5' concrete slab and provide
reasonable side and rear setbacks. Setbacks are established to protect surrounding property
owners and the proposed 15" from the property line does not provide sufficient area to either
construct or maintain the shed without encroaching on the adjacent property.
8. Petition of Michael J. Carmichael.
The staff recommends that if the variance is granted, that it be granted subject to obtaining
approval for a septic system on each lot.
12. Petition of Charles S. Hayes.
The staff recommends approval of the variance request for no perimeter landscaping and
foundation landscaping. In consideration of the extensive private redevelopment activities
along Hill Street to the south and north, the staff recommends that the petitioner pursue with
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA. & ROSELAND
W W W.STJOS EPHCO U N TYI ND IAN A. C 0 M
the Board of Public works the possibility of placing at least one shade -type tree in front. of the
building, most likely in the right -of -way. Staff also recommends denial of the variance to
provide no parking spaces. Considering the wide range of potential future uses and the fact
that the curb cut for this project will actually reduce the availability of on street parking, some
off street parking should be provided. While the site is not conducive to the required 18 parking
spaces, it appears that there will be adequate room at the rear of the site to provide some off
street parking.
Special Exception It Special Use
A special exception use /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.
11. Petition of Hannah & Friends Neighborhood, Inc.
Based on information available prior to the Board meeting, the Staff recommends approval of
the revised site plan for the previously approved Special Use.
(1) The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare.
The addition of the activity center will not impact the public. The proposed activity center
is located over 650' from the nearest public access point and will be used solely for the
residents of the development.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein.
The proposed use is located 320' feet from the adjacent property owner to the north and
well within the development so it will not have any visual or other impact on the adjacent
property owners.
(3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein.
The addition of an activity center and greenhouse will be consistent with the original
intent of the site and the established character of the general neighborhood.
(4) The proposed use is compatible with the recommendations of the Comprehensive Plan.
The Comprehensive Plan for South Bend and St. Joseph County, Indiana (April 2002)
Goal 3, Objective A is Promote the development and /or maintenance of community and
neighborhood character.
13. Petition of JOYS Gymnastics Inc..
Based on information available prior to the Board meeting, the Staff recommends that the
Special Use be sent to the Common Council with a favorable recommendation.
(1) The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare.
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND
W W W.STJOS EPHCOUNTY IND I ANA. CO
The Special Use is located in the LI Light Industrial District. The proposed gymnastic
studio is a supervised activity that is conducted inside the existing building with
sufficient off street parking.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein.
The petitioner is proposing to use an existing building and parking lot. The gymnastics
studio will not adversely affect the other uses permitted in the Light Industrial District.
(3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein.
The proposed use is consistent with the character of the surrounding district. The
gymnastics studio will be contained within an existing building, which is adaptable to a
variety of uses.
(4) The proposed use is compatible with the recommendations of the Comprehensive Plan.
One of the objectives of The City of South Bend, Indiana Comprehensive Plan
(November 2006) is to increase opportunities for youth to participate in artistic and
cultural activities. The special exception for the gymnastics studio is consistent with this
objective.
The staff recommends approval of the variance request for parking.
14. Petition of Jeffery and Patricia Hoshaw.
If the Zoning Administrator determines this use meets the criteria for Home Occupation in
connection with which no mechanical or electrical equipment is used except such as is
permissible for purely domestic and household purposes, the Staff recommends that the
Special Use be sent to the County Council with a favorable recommendation.
(1) The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare.
The portion of use related to gunsmith /gun shop is only a portion of the larger activity
and will be contained indoors. Petitioner states that all vapor is vented through a high
performance reclaim system.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein.
The petitioner states the items are small in size and would not be noticed by adjacent
neighbors. Provided all work is conducted inside the dwelling or accessory structure,
there should not be an impact on the adjacent area.
(3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein.
The proposed use will be contained to the garage /workshop so it as to not impact the
character of the area.
(4) The proposed use is compatible with the recommendations of the Comprehensive Plan.
The Comprehensive Plan for South Bend and St. Joseph County, Indiana (April 2002)
makes no mention on specific uses and special uses.
Sincerely,
n .. Smith
Planner
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND
W W W.STJOSEPHC 0 U N TY IND I ANA. C OM
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235 -9554
FAX: (574) 235 -5541
July 5, 2013
The Honorable Common Council
Of the City of South Bend
4th Floor, County -City Building
South Bend, Indiana 46601
RE: Petition for Special Exception for JOYS Gymnastics Inc.
ABZA 7/3/13
Dear Council Members:
The above referenced petition of JOYS Gymnastics Inc. was legally advertised on June 23, 2013.
The Area Board of Zoning Appeals gave it a public hearing on July 3, 2013 at which time the
following action was taken:
Upon a motion by Mr. Urbanski being seconded by Mr. Hawley and unanimously
carried, the petition for Special Exception to allow a gymnastics studio in a "LI" District,
on property located at 1724 S. Main St., is sent to the Common Council with a Favorable
Recommendation.
The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the
above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a
later date, to be made part of this report.
Sincerely,
Charles C. Bulot, C.B.O.
Building Commissioner
CCB /cah
Filed i� �l ®rt�'s ��fice
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of L'l.111L Llyv% -Lir I XkJIN r VIxoUnIN 1 1.1 -V7.Oku)
AREA BOARD OF ZONING APPEALS
JOYS GYMNASTICS
FINDINGS OF FACT
1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT,
COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE:
Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to
not being injurious to the public health, safety, morals, and general welfare of the community.
2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT
AREA OR PROPERTY VALUES THEREIN BECAUSE:
The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding
properties.
3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH
IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE:
Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property.
4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH
BEND COMPREHENSIVE PLAN BECAUSE:
It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating
from it's intent.
CONDITIONS OR REVISIONS:
DECISION
IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South
Bend Common Council with a: FAVORABLE RECOMMENDATION
ADOPTED this 3RD Day of JULY, 2013.
YES NO
0 MICHAEL URBANSKI
ABSENT RANDALL MATTHYS
0 JACK YOUNG
ABSENT GERALD PHIPPS
ROBERT HAWLEY
M JOE VELLEMAN
0 BRENDAN CRUMLISH
13i�1 N� l3 -ys
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
CRESCENT OAKS -- SECTION 2
23229 23309 23389 24029 24089 24169 24249 24329 23239 23319 23399 24059 24139
24219 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, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Residentially Distressed
Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as
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.
0
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, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for a residentially
distressed area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and 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.
3
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 confirms its Declaratory Resolution designating
the area described herein as a Residentially Distressed Area for the purposes of tax abatement.
Such designation is for Real property tax abatement only and is limited to five (5) calendar years
from the date of the adoption of the Declaratory Resolution by the Common Council.
SECTION V. The Common Council hereby determines that the property owner is qualified for
and is granted Real property tax deduction for a period of five (5) years, and further determines
that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South
Bend and Indiana Code 6 -1.1 -12.1 et sea.
SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
W 6 0-.XA 4
Member of the Common Coun 1
ifFlFlaiiE+ Ci ; t'. > ie� de r: ( and
vounc"3 XMan On V'Ns is "W
Filed in C".1 Office
�s �r JUN -
NOT Wmmm
JOPIU
tl
: opata :�`' 4 CITYCi.ERK, ; % I eatjo, IN
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
773 Pulling Street
AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A
(5) FIVE -YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
Joel & Katherine Dosmann
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Residentially Distressed
Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as 773
Pulling Street, South Bend, Indiana, and which is more particularly described as follows:
Lot 102, in Royal Oak Estates, Section 2, as per Plat thereof recorded January 22,
2003 as Instrument No. 03 03 82 1, in the Office of the Recorder of St. Joseph County,
Indiana
and this property has Tax Key Number 023 -1018- 0381.59, 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, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that -the qualifications for a residentially
distressed area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the petition for real
property tax abatement and the Statement of Benefits form meet the requirements of Indiana
Code 6 -11-12.1 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 confirms its Declaratory Resolution designating
2
the area described herein as a Residentially Distressed Area for the purposes of tax abatement.
Such designation is for Real property tax abatement only and is limited to five (5) calendar years
from the date of adoption of the Declaratory Resolution by the Common Council.
SECTION V. The Common Council hereby determines that the property owner is qualified for
and is granted Real property tax deduction for a period of five (5) years, and further determines
that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South
Bend and Indiana Code 6 -1.1 -12.1 et sea.
SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
PRESEN E0,
NOT Wprizo rloi
Aot 3
Member of the Common Council
�fl ii lf;f I01'Rug
r ►
Filed In Clerk's e0 -.
JUL,a
tJ�p�R Yid'1 ' -3b %1✓
L , ll 00, ' S -S (
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
1047 Lincoln Way East
TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR
Crooked Ewe, Inc.
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 1047
Lincoln Way East, South Bend, Indiana, and which is more particularly described as follows:
Parcel 1 : Lots G Two (G -2), F Two (F -2) and E Two (E -2) as shown on the recorded Plat of Wenger and
Krieghbaum's Vistula Avenue Addition, more fully described as beginning on the West edge of the St.
Joseph River on the line between lots "G -2" and "H -2" as shown on the recorded Plat of Wenger and
Krieghbaum's Vistula Avenue Addition: thence Southwest on the line between said "Lots "G -2" and "H-
2" to Lincoln Way East; thence Northwest on the Easterly line of Lincoln Way East 136.7 feet; thence
Northeast parallel to the line between said Lots "G -2" and "H -2" 30 feet; thence Northwest parallel to
Lincoln Way East 50 feet; thence Northeast parallel to the line between said Lots "G -2" and "H -2 ", to the
St. Joseph River, thence Southeast along said river to the place of beginning.
Parcel II: Lots H Two (H -2) and I Two (1 -2) as shown on the recorded Plat of Wenger and Krieghbaum's
Vistula Avenue Addition to the City of South Bend recorded November 17, 1908 in Plat Book 9, page 100
in the Office of the Recorder of Saint Joseph County, Indiana.
and which has Tax Key Numbers 018- 7017 -0684; 018- 7017 -0682; and 018 - 7017 -0680
presently, as an Economic Revitalization Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the
area described herein as an Economic Revitalization Area for the purposes of tax abatement.
Such designation is for Personal Property tax abatement only and is limited to two (2) calendar
years from the date of adoption of the Declaratory Resolution by the Common Council.
SECTION II. The Common Council hereby determines that the property owner is qualified for
and is granted Personal Property tax deduction for a period of five (5) years, and further
determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the
City of South Bend and Indiana Code 6- 1.1 -12 et seq.
SECTION III. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approved by the Mayor.
PRESENTED
N01 APPi?OVki
x
Member of the Common Counkil
1
ong and
' Pf '� L .
couridli dc'0 0;i Ui!$ iS U @�
Filed Pon Cierk's Mice
J. ij i
CITY_ND, IN
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
1047 Lincoln Way East
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A THREE 3 YEAR REAL
PROPERTY TAX ABATEMENT FOR
CEOL MOR PROPERTIES, 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 located at 1047 Lincoln Way
East and which is more particularly described as follows:
Parcel 1 :Lots G Two (G -2), F Two (F -2) and E Two (E -2) as shown on the recorded Plat of Wenger and
Krieghbaum's Vistula Avenue Addition, more fully described as beginning on the West edge of the St.
Joseph River on the line between lots "G -2" and "H -2" as shown on the recorded Plat of Wenger and
Krieghbaum's Vistula Avenue Addition: thence Southwest on the line between said "Lots "G -2" and "H-
2" to Lincoln Way East; thence Northwest on the Easterly line of Lincoln Way East 136.7 feet; thence
Northeast parallel to the line between said Lots "G -2" and "H -2" 30 feet; thence Northwest parallel to
Lincoln Way East 50 feet; thence Northeast parallel to the line between said Lots "G -2" and "H -2 ", to the
St. Joseph River, thence Southeast along said river to the place of beginning.
Parcel II: Lots H Two (H -2) and I Two (1 -2) as shown on the recorded Plat of Wenger and Krieghbaum's
Vistula Avenue Addition to the City of South Bend recorded November 17, 1908 in Plat Book 9, page 100
in the Office of the Recorder of Saint Joseph County, Indiana.
and which has Key Numbers 018 - 7017 -0684; 018 - 7017 -0682; and 018 - 7017 -0680 presently at
this point in time, be designated as an Economic Revitalization Area; and
WHEREAS, petitioner has agreed to and has accepted responsibility to report any
changes in the final legal description and to report the final, appropriate Key Number to the
Department of Community Investment and to the Office of the City Clerk; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the
area described herein as an Economic Revitalization Area for the purposes of tax abatement.
Such designation is for Real property tax abatement only and is limited to two (2) calendar years
from the date of adoption of the Declaratory Resolution by the Common Council.
SECTION II. The Common Council hereby determines that the property owner is qualified for
and is granted Real property tax deduction for a period of three (-3_) years, and further
determines that the petition, the Memorandum of Agreement between the Petitioner and the City
of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal
Code of the City of South Bend and Indiana Code 6- 1.1 -12 et se q.
SECTION III. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approved by the Mayor.
PPF.SENtpc
AE40T I APPROVEo
Member of the Common Co it
S,gri!rg of :EV tSi' -1 4':J - 1v:i- .07eo .;Sli
0 Pp3u�a83>n� �u73 ��• -'�: <� bv�iC.� 1�
Filed In Clarki Calce
JUL -1
0 04 1
l�� U IJo� 13 -5 3
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA, APPROVING
THE SALE OF REAL ESTATE BY THE BOARD OF WORKS
WHEREAS, On July 9, 2013, the South Bend Board of Public Works approved
Resolution No. 41 -2013, a copy of which is attached hereto and incorporated herein as Exhibit 1,
which Resolution authorizes the sale of real estate located at 4212 Fellows Street and 4224
Fellows Street, South Bend, St. Joseph County, Indiana; and
WHEREAS, under I.C. 36- 1- 11 -4.2, such real estate can be sold by the Board of
Public Works following a public hearing and favorable recommendation of the Board of Public
Works, as appointee of the City Executive; and
WHEREAS, each of the properties referred to herein was acquired pursuant to
negotiations with the prior owner(s) as part of the Fellows Street Project and not through the
exercise of eminent domain; and
WHEREAS, each of the properties should be disposed of pursuant to IC 36 -1 -11-
4.2 in order to facilitate compatible land use planning;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of South Bend, Indiana, as follows:
SECTION I. The Board of Public Work's sale of real estate located at 4212 Fellows
Street, South Bend, St. Joseph County, Indiana, which is more particularly described. as
Lot Numbered 5 in Parkside Terrace Minor Subdivision as per plat thereof
recorded March 4, 1981, as Instrument Number 8103327, in the Office of the
Recorder of St. Joseph County, Indiana;
is approved at a price of not less than the appraised value and in accordance with the provisions
of Indiana Code Section 36- 1- 11 -4.2 and pursuant to Board of Public Works Resolution No. 41-
2013 dated July 9, 2013.
SECTION II. The Board of Public Work's sale of real estate located at 4224 Fellows
Street, South Bend, St. Joseph County, Indiana, which is more particularly described as
Lot Numbered 3 in Parkside Terrace Minor Subdivision as per plat thereof
recorded March 4, 1981, as Instrument Number 8103327, in the Office of the
Recorder of St. Joseph County, Indiana;
is approved at a price of not less than the appraised value and in accordance with the provisions
of Indiana Code Section 36- 1- 11 -4.2 and pursuant to Board of Public Works Resolution No. 41-
2013 dated July 9, 2013.
SECTION III. In its sale of the subject real estate, the Board of Public Works shall
comply fully with the terms and conditions of Indiana Code Section 36- 1- 11 -4.2.
SECTION IV. This Resolution shall be effective from and after its passage by the
Common Council
PASSED AND ADOPTED by the Common Council of the City of South Bend,
Indiana, this 12th day of August, 2013.
NOT APPIZOYEc'
k:.
OP,.Tro
COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA
By:� V J UJ 1, Q Y
Member of the Common Council
_V 1
]�pp.. »t:RYy
c3slea
and
t Filed in Cterk$�_.��,,,' ».
A0 -5 ZQQ!
Exhibit 1
(South Bend Board of Public Works Resolution No. 41 -2013)
RESOLUTION NO. 41 -2013
A RESOLUTION OF THE BOARD OF PUBLIC WORKS
OF THE CITY OF SOUTH BEND, INDIANA,
RECOMMENDING THE DISPOSITION OF REAL PROPERTIES
LOCATED AT 4212 FELLOWS STREET AND 4224 FELLOWS STREET,
SOUTH BEND, INDIANA
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board ") has
custody of and may maintain and dispose of all real property owned by the City of South Bend,
Indiana (the "City ") pursuant to I.C. 36- 9 -6 -3; and
WHEREAS, the City is the owner of certain real estate located at 4212 Fellows Street,
South Bend, St. Joseph County, Indiana, which is more particularly described as
Lot Numbered 5 in Parkside Terrace Minor Subdivision as per plat thereof
recorded March 4, 1981, as Instrument Number 8103327, in the Office of the
Recorder of St. Joseph County, Indiana; and
WHEREAS, the City is the owner of certain real estate located at 4224 Fellows Street,
South Bend, St. Joseph County, Indiana, which is more particularly described as
Lot Numbered 3 in Parkside Terrace Minor Subdivision as per plat thereof
recorded March 4, 1981, as Instrument Number 8103327, in the Office of the
Recorder of St. Joseph County, Indiana;
(collectively referred to as the "Properties "); and
WHEREAS, each of the Properties has an appraised value in excess of Fifty Thousand
Dollars ($50,000.00); and
WHEREAS, I.C. 36- 1 -11 -3 requires the approval of the executive of the political
subdivision, i.e., the Mayor of the City of South Bend and further for every sale of real property
having an appraised value of Fifty Thousand Dollars or more, the approval of the fiscal body of
the unit, i.e., the Common Council of the City of South Bend; and
WHEREAS, I.C. 36- 1 -11 -3 requires the executive to conduct a public hearing after
giving notice under I.C. 5 -3 -1 and to designate a board or commission of the municipality to give
notice; conduct the hearing and notify the executive of its recommendation; and
WHEREAS, the Board has given notice of a public hearing by publication on June 21,
2013 and June 28, 2013, and has conducted a public hearing concerning the proposed disposition
of the Properties, and has considered the comments made at such hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF
THE CITY OF SOUTH BEND as follows:
1. The Board hereby recommends to the Mayor that the disposition of the Properties
be approved and that this matter be submitted to the South Bend Common Council for final
approval of the disposition of the Properties.
2. This Resolution shall be in full force and effect upon its adoption.
ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana
held on July 9, 2013, at 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana 46601.
Attest:
da Martin, Cle
CITY OF SOUTH BEND, INDIANA
BY ITS BOARD OF`PUBLIC WORKS
"g�' a Al'��
Gary Gilot, President
avid Relos, Member
Kathryn Roos, Member
Mark Neal, Member
ic`h el Mec am, Member
Filed In�r°°
Off Ica
AU, 0
JOHN V0014 E—,
CITY CLERK, SOUTIi BIEND,1N
1200 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
.SOUTH BEND, INDIANA 46601 -1830
CRISTAL C. BRISCO
CORPORATION COUNSEL.
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF LAW
August 5, 2013
Mr. Derek Dieter
President, South Bend Common Council
4th Floor, County -City Building
South Bend, IN 46601
PHONE 574/235 -9241
FAx 574/235 -7670
Re: Resolution to Approve Sale of Real Estate Under IC Section 36- 1- 11 -4.2
Dear President Dieter:
ALADEAN M. DEROSE
CITY ATTORNEY
Attached is a Resolution approving the sale of the real estate located at 4212 Fellows
Street and at 4224 Fellows Street. Pursuant to I.C. 36 -1 -11, sale of this real estate must be
approved by the Mayor and by the Common Council. The Mayor appointed the Board of Public
Works to hold a public hearing on this matter. On July 9, 2013, the South Bend Board of Public
Works conducted a public hearing concerning the sale of these two properties. Following the
public hearing, the Board approved its Resolution No. 41 -2013 recommending the sale pursuant
to Indiana Code Section 36- 1- 11 -4.2. The Mayor adopted that recommendation and has
approved the sale of this real estate. Upon approval by the Common Council, the property will
be sold for no less than the appraised value of the property.
These two properties were acquired as a result of negotiations with the owners of these
properties in settlement of claims asserted by the owners alleging reliance upon the City's
indication that these properties would be acquired as part of a public works project.
Thank you for consideration of this Resolution. I will present this Resolution to the
Common Council and will be available to answer any questions you may have.
Sincerely,
Aladean DeRose
City Attorney
JOHN' r -.,r, CEwT V CRK 00V ' Wxy�at.wo
'xoT
, 11
CHERYL A. GREENE ANN -CAROL NASH
ANDREA L. BF.ACHKOFSKY LAWRF.NCF. J. METEIVER JEFFREY L. SANFORD
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
A PORTION OF HARTMAN DRIVE FROM OAK RIDGE DRIVE EAST TO THE EAST
PROPERTY LIMITS OF LOTS 87 & 88 WOODED ESTATES
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 street to be vacated is a portion of Hartman Drive from
oak Ridge Drive east to the east property lines of lots 87 and
lot 88, wooded estates for a distance of 165 feet, more or
less and a width of 60 feet. Being a part of wooded Estates,
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:
Lot 5484
Lot 5487
Lot 6343
Lot 6351
Section IV. The purpose of the vacation of the real property is to add to lot size
and re -plat for future development — Single Family Residence.
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.
0_vj� D, /)L C�, (
Member of the Common Council
Attest:
OPPO`tt PUN 10 h0adno aid
Council action opt this
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.
tst MOM 0 Jk2 —(3
PUBUC HEARING
NOT APP,`,` OVER
RIF[RRID
PASSF:Q
City Clerk
day of , 2 , at
Mayor, City of South Bend, Indiana
- 7U�_
M9 "h POP, ,Ilia
OFTMON TO VACATE P1 1R1 Ir R!r`HTS- OF -WAY
(STREETS /ALLEYS)
TO THE COMMON COLINCII
OF THE CITY OF SOUTH BEND, INDIANA
DA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
I
A. THE ALLEY DESCRIBED AS:
A portion of Hartman Drive from Oak Ridge Drive East to the East property tines of Lots 87 & 88,
Wooded Estates, for a distance of 165 feet, more or less and a width of 60 feet. Being a part
ofWooded Estates, City of South Bend, Portage Township, St. Joseph County, Indiana.
B. THE STREET DESCRIBED AS:
NAME (signed & printed) ADDRESS LOT #
1246 Oak Ridge Drive (88 -90)
Wlifiarn F. Baker South Bend, IN 46617
1308 Oak Ridge Drive 87
Charles E. Kelly South Bend, IN 46617
CONTACT PERSON (s)
NAME: William F. Baker
RETURN TO:
OFFICE OF THE CITY CLERK
JOHN VOORDE, CITY CLERK
ROOM 455 - COUNTY -CITY BUILDING
SOUTH BEND, IN 46601
574- 235 -9221
(for Baker Trust — formerly Robert O. &
Susan P. Baker Revocable T rust)
ADDRESS: 1246 Oak Ridge Drive
South Bend, IN
46617
PHONE: 928 -380 -5813
Filed in Off ic
JU 1 Q
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N .0N
rry
L
IN
-5509 —5482 j —5575
—5508
— 5508.0
—5507
—5506
8--514
—5505
—5504
LEGAL DESCRIPTION:
a�
0
C3
O
—5483
—5484
18 -5 � 47
—5487
8 5163
— 6345
—6343
—6344
Henan Dr.
—6351 —6352 -6353
18 5163
7857 —7856
—5488 18 15 208
THE STREET TO BE VACATED IS A PORTION OF HARTMAN DRIVE FROM OAK RIDGE
DRIVE EAST TO THE EAST PROPERTY LINES OF LOTS 87 AND LOT 88, WOODED
ESTATES FOR A DISTANCE OF 165 FEET, MORE OR LESS AND A WIDTH OF 60
FEET. BEING A PART OF WOODED ESTATES, CITY OF SOUTH BEND PORTAGE
TOWNSHIP, ST. JOSEPH COUNTY, INDIANA.
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PARCELID NAME
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South Bend
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South Bend
IN
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18211 Hartma
1826 HART
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South Bend
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South Bend
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1823 Peacht
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South Bend
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South Bend
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1829 PEAC
1829 PEAC
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018 - 5208 -7856
YUGO DAVID
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South Bend
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46617
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South Bend
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1835 Peach
1835 PEAC
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018 - 5208 -7855
BEHR SHEILA A
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South Bend
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South Bend
IN
46617
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DAVID J HASLETTQC
1313 Oakrid
1313 OAKRI
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South Bend
IN
46617
DGE
South Bend
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1814 Hartma
1814 HART
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South Bend
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South Bend
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1245 Oak Ri
1245 OAKRI
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BAKER ROBERT OWE
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South Bend
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South Bend IN
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BEATTY EDWARD N & 1251
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South Bend IN
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46617
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1303
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South
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46617
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CREDIT
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Oakrid
1308
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1308 OAKRI
1308 OAKRI
15
018 - 5147 -5483
GAGE DEPT
DGE
South Bend
IN
46617
DGE
South Bend
IN
46617
DUFFY MATTHEW M &
1815 Hartma
1815 HART
16
018 - 5163 -6343
ANNE T
n Dr
South Bend
IN
46617
MAN
South Bend
IN
46617
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1821 Hartma
1821 HART
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018-5163-6344
ROBINSON ROBINSON PAULA
n Dr
South Bend
IN
46617
MAN
South Bend
IN
46617
r
1827 Hartma
1827 HART
18
018 - 5163 -6345
ZAPPIA MARIA
n Dr
South Bend
IN
46617
MAN
South Bend
IN
46617
ROOS LEON JOHN &
1730 Oak Pa
1730 OAK P
19
018 - 5147 -5508
CAROLE C
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South Bend
IN
46617
ARK
South Bend
IN
46617
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July 31, 2013
Members of The Common Council
City of South Bend, IN
46001
Re: Alley Vacation Submittal
Hartman Drive
Members of The Common Council,
I urge you to adopt this proposed ordinance for the "Vacation of a portion of Hartman Drive ". I see the
addition of this useable lot as a benefit to the neighborhood known as Wooded Estates. The future
potential to bring in another single family residence will not only provide much tax revenue for the
City & County, but it will also add to the neighborhood as a whole. All through Wooded Estates you
can see the pride that homeowners have in the upgrades they are undertaking. Not only do these
upgrades enhance the homes and landscapes themselves, they also help to bring the neighborhood
together in a sense of accomplishment and security, for the future. As the neighborhood itself attracts
new and younger families you can sense the vitality that follows. The proposed ordinance does nothing
to detract from that potential and, in fact, will allow an under - utilized portion help further that sense of
accomplishment and community.
Respectfully,
William F. Baker
1246 Oak Ridge Drive
South Bend, IN
46617
Filed; n Clark's Office
JUL 31 zw
jCI�N voc'"Oe
CL �
CITY ERKS SOUTI4 SEND, IN
1316 COUNTY -CITY BUILDING
227 W IEFFER3pN BOULEVARD
.SOUTH BEND, INDIANA 46601 -1830
CITY OF SOUTH BEND PETE BDTTIGI.EG, MAYOR
BOARD OF PUBLIC WORKS
June 25, 2013
PHONE 574/235-9251
RN. 574/235-9171
Mr. William Baker
1245 Oakridge Drive
South Bend, Indiana 46617
RE: Alley Vacation — A Portion of Hartman Drive from Oakwood Drive East for 160'
(Preliminary Review)
Dear Mr. Baker:
The Board of Public Works, at its June 25, 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.
Engineering stated you must maintain utility easements. Community Investment stated you will only own
half of the vacated area upon vacation and must purchase the other portion from the adjacent property owner.
Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley.
Please contact Tony Molnar at (574) 235 -9254 Prior to nicking up your radius man 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
GARY A. GILoT DAVID P RELOs KATHRYN E. Roos MICHAEL C. MECHAM MARK W. NEAL
Melinda Lercel
From:
Melinda Lercel
Sent:
Wednesday, May 29, 2013 11:01 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:
Street Vacation - William Baker
Attachments:
Street Vacation - William Baker.pdf
Please provide your recommendations.
Thank you,
Melinda tercel
Department of Public Works
Division of Engineering
(574) 235 -9251
mtercelOsouthbendin.aov
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: Wednesday, May 29, 2013 3:06 PM
To: Melinda Lercel; Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez;
jbyorni@co.st-joseph.in.us
Cc Cheryl Greene; pmgriffin @nisource.com
Subject: RE: Street Vacation - William Baker
Melinda,
The Police Department would not have any objection to this application.
Lt. E. Eyster
From: Melinda Lercel
Sent: Wednesday, May 29, 2013 11:01 AM
To: Andre Price; )itin Kain; Michael Mecham; Federico Rodriguez; jbyorni @ca.st joseph.in.us; Eugene Eyster
Cc: Cheryl Greene; pmgriffin @nisource.com
Subject: Street Vacation - William Baker
Please provide your recommendations.
Thank you,
Melinda Lercel
Department of Public Works
Division of Engineering
(574) 235 -9251
m tercel @southbendin.eov
City of South Bend
227 W. Jefferson Blvd.
Suite 1316 County City Building
South Bend, IN 46601
http: //www.southbendin.gov
Melinda tercel
From: Federico Rodriguez
Sent: Thursday, May 30, 2013 8:26 AM
To: Melinda Lercel
Subject: RE: Street Vacation - William Baker
Approved S.B.F.D
Federico (Chico) Rodriguez
Fire Marshal
Fire Prevention Bureau
(574) 235 -7564
frodrieu @southbendin.aov
South Bend Fire Department
1222 S. Michigan St. 46601
r i
�r ria
From: Melinda Lercel
Sent: Wednesday, May 29, 2013 11:01 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: Street Vacation - William Baker
Please provide your recommendations.
Thank you,
Melinda Lercel
Department of Public Works
Division of Engineering
(574) 235 -9251
mlercel @so uthbendin.eov
City of South Bend
227 W. Jefferson Blvd.
Suite 1316 County City Building
South Bend, IN 46601
http:Hwww.southbendi n.eov
INTER - OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
FAX OR E -MAIL TO: 235 -9171 /_ImartinAsouthbendin nov
RECOMMENDATIONS AND COMMENTS:
wn
By�`G,/ ` ��'' �/1�17%1 Date
DATE SENT: 5/299/2013
TO:
Andre Price, Solid Waste
Jitin Kain, Community Investment
Michael Mecham, Engineering Department
Federico Rodriguez, Fire Department
John Byorni, Area Plan Commission abvomiOco.st-
ioseph.in_us or 235 -9813 fax)
Gene Eyster, Police Department
Cheryl Greene, City Attorney's Office
FROM:
Phil Griffin, NIPSCO (pmgriffin@nisource.com) (FYI Only)
Linda M. Martin, Clerk
SUBJECT:
REQUEST FOR RECOMMENDATION — STREET VACATION
APPLICANT:
William Baker
LOCATION:
Portion of Hartmand Drive from Oakwood Drive East for' 4 60'
DATE DUE:
ASAP
FAX OR E -MAIL TO: 235 -9171 /_ImartinAsouthbendin nov
RECOMMENDATIONS AND COMMENTS:
wn
By�`G,/ ` ��'' �/1�17%1 Date
F - gA
400! - A. -
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN. COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH SEND, INDIANA 46601 (574) 235 -9571
June 4, 2013
City of South Bend
Board of Public Works
13t" Floor, County -City Building
South Bend, Indiana 46601
RE: Street Vacation
Applicant: William Baker
Location: Portion of Hartman Drive from Oakwood Drive East for 160'
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 elevation change of approximately 30 feet makes the continuation of the road difficult,
(2) The vacation would not make access to the lands of the aggrieved person by means of
public way difficult or inconvenient.
This portion of the road is not built, therefore no one gains access from it.
(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 with access to this portion of road.
(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.
Since the road is not built, it is not being used as a public way.
Due to the above stated reasons, the staff recommends that the proposed alley vacation be approved.
Please note, our maps list the road to the west as Oak Ridge. Please contact our office if you have any
questions or need any additional information.
Sincerely,
C ", �1,1 % 7 A
Christa Nayder
Planner
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND
WW W. STJ OSEPHCOUNTYI NO [ANA. COM
Melinda Lercel
Froym:
Elizabeth Maradik
senit:
Monday, June 10, 2013 9:13 AM
To:
Melinda Lercel
Cc:
Jitin Kain
Subject:
FW: Street Vacation - William Baker
Attachments:
Street Vacation - William Baker.pdf
Given the desire of the petitioner to build a new house, DCI wants to ensure that they understand the street vacation will result
in them owning half of the former right -of -way (not the entire width). If they have a need for additional land they will have to
purchase the property from the adjacent property owner. Otherwise DCI gives a favorable recommendation.
Please let me know if you have any questions.
Thanks,
Liz
rFrorrt: Jitin Kain
Sent: Wednesday, June 05, 2013 11:06 AM
To: Elizabeth Maradik
Subject: FW: Street Vacation - William Baker
Liz,
Would you pls review this quickly.
Jitin
a`��4
litin Kain
u =�
Director, Planning
Departriment of Community Investment
i 574 235 -5835
ikainC&southbendin.gov
'• -f "`
City of South Bend
227 W. Jefferson Blvd., Suite 1400 S.
South Bend, IN 46601
^th
V 'III
II I
VISIT OUR E
From: Melinda Lercel
Sent: Wednesday, May 29, 2013 11:01 AM
To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.styoseph.in.us; Eugene Eyster
CC: Cheryl Greene; pmgriffin @nisource.com
Subject: Street Vacation - William Baker
Please provide your recommendations.
Thank you,
INTER - OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE SENT: 5/2912013
TO: Andre Price, Solid Waste
J Jitin Kain, Community Investment
V�/fjohn Michael Mecham, Engineering Department
ederico Rodriguez, Fire Department
Byorni, Area Plan Commission (gib orni .co.st-
ioseph.in.us or 235 -9813 fax)
✓Gene Eyster, Police Department
Cheryl Greene, City Attorney's Office
Phil Griffin, NIPSCO {pmgriffin0-nisource.com) (FYI Only)
FROM: Linda M. Martin, Clerk
SUBJECT: REQUEST FOR RECOMMENDATION — STREET VACATION
APPLICANT: William Baker
LOCATION: Portion of Hartmand Drive from Oakwood Drive East for 160'
DATE DUE: ASAP
FAX OR E -MAIL TO: 235 -9171 / Imartin(fsouthbendin.nov
RECOMMENDATIONS AND COMMENTS:
By Date
tip. 37 -i3
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST EASTMEST ALLEY SOUTH OF CEDAR RUNNING WEST FROM EDDY
STREET FOR A DISTANCE OF APPROXIMATELY 200 FEET TO ITS TERMINATION
POINT
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 East/West Alley South of Cedar running West from
Eddy Street for a distance of approximately 200 feet to its
termination point. All situated in the Plat of "Hill's Subdivision
of Black 11 of Cottrells' First Addition to the Town of Lowell,
Now the city of South Bend" Recorded in Plat Book 10, Page
105,in the Office of the Recorder of St. Joseph County,
Indiana.
hereby determines that it is desirable to vacate said property.
SECTION II. The City of South Bend hereby reserves the rights and easements
of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain
any facilities, including, but not limited to, the following: electric, telephone, gas, water,
sewer, surface water control structures and ditches, within the vacated right -of -way,
unless such rights are released by the individual utilities.
SECTION III. The following property may be injuriously or beneficially affected
by such vacating:
Tax Key No. 018 - 5018 -0613 Tax Key 018 - 5018 -0612
Tax Key No. 018 - 5018 -0609 Tax Key 018 - 5018 -0606
Section IV. The purpose of the vacation of the real property is to allow for site
improvements including the closing of an existing driveway off Eddy Street and adding a
new driveway entrance onto Cedar Street for the existing apartment complex.
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.
Attest:
City Clerk
1 st READIRC
PUBLIC HEARIRG
3 rd RIADI'NG
NOT APPROVED
REFERRED
PASSED
Member of the Common Couh CA
signing of Ws 7nf I's "'0 to provIleb an
Council actial on V'iis issue,
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock . M.
Approved and signed by me on the
o'clock . M.
City Clerk
day of , 2 , at
Mayor, City of South Bend, Indiana
Filed hip: --�
office
0!Q X 2013
09
� ' rH Dom, IN
PETITION TO VACATE PUBLIC ALLEYS AND STREET RIGHTS -OF -WAY
TO: THE COMMON COUNCIL DATE: August 2, 2013
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
The first East /West Alley South of Cedar running West from Eddy Street
for a distance of approximately 200 feet to its' termination point. All
situated in the Plat of "Hull's Subdivision of Block 11 of Cottrell's
First Addition to the Town of Lowell, Now the City of South Bend ",
Recorded in Plat Book 10, Page 105, in the office of the recorder of
St. Joseph County, Indiana.
NAME (signed & printed) & ADDRESS Tax Key Number
424 Francis LLC c/o n-e Pery%ana4 018- 5018 -0613 018- 5018 -0612
2433 Oak Valley Drive Cr 018 - 5018 -0609 018 - 5018 -0606
Suite 500A
Ann Arbor, MI 48103
RAt AA L4 -noE
For 424 Francis LLC
CONTACT PERSON: Michael J. Danch
NAME: Danch, Harner & Associates, Inc.
1643 Commerce Drive
South Bend, Indiana 46628
(574) 234 -4003
RETURN TO:
OFFICE OF THE CITY CLERK
JOHN VOORDE, CITY CLERK
ROOM 455- COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601 (574) 235 -9221
Filed Fin mice
- l ?013
COW 34 SEND, IN
Alley Legal:
1) . The first East /West Alley South of Cedar running West from Eddy
Street for a distance of approximately 200 feet to its' termination
point. All situated in the Plat of "Hull's Subdivision of Block 11 of
Cottrell's First Addition to the Town of Lowell, Now the City of South
Bend ", Recorded in Plat Book 10, Page 105, in the office of the
recorder of St. Joseph County, Indiana.
If
IN
0
T
33133
VACATION
DIAGRAM
CT
Filed in
o
�s -
3
RI
13 -29c
14 - ?9i
-t- rMAD /SON --- = ST- .2 -- MAD /SON
t r r 91 3 Y
Alley Legals:
1). The first East/West Alley South of Cedar running West from Eddy
Street for a distance of approximately 200 feet to its' termination
point. All situated in the Plat of "Hull's Subdivision of Block 11 of
Cottrell's First Addition to the Town of Lowell, Now the City of South
Bend ", Recorded in Plat Book 10, Page 105, in the office of the
recorder of St. Joseph County, Indiana.
Scab 1" =100'
DiaKCI�, HarKer &A66aciatea ine.
Land Surveyors - Professional Engineers
Landscape Architects- Land Planners
Office: (574)234 -4003 / (800)594 -4003 - Foz: (574)234 -4119
1643 Commerce Drive - South Bend, IN 46628
AD
CT
Filed in
o
�s -
3
RI
13 -29c
14 - ?9i
-t- rMAD /SON --- = ST- .2 -- MAD /SON
t r r 91 3 Y
Alley Legals:
1). The first East/West Alley South of Cedar running West from Eddy
Street for a distance of approximately 200 feet to its' termination
point. All situated in the Plat of "Hull's Subdivision of Block 11 of
Cottrell's First Addition to the Town of Lowell, Now the City of South
Bend ", Recorded in Plat Book 10, Page 105, in the office of the
recorder of St. Joseph County, Indiana.
Scab 1" =100'
DiaKCI�, HarKer &A66aciatea ine.
Land Surveyors - Professional Engineers
Landscape Architects- Land Planners
Office: (574)234 -4003 / (800)594 -4003 - Foz: (574)234 -4119
1643 Commerce Drive - South Bend, IN 46628
Df14 Danch, Harner & Associates, Inc.
MICHAEL J. DANCH, L.A.
RON HARNER, P.S.
Honorable Members of the City of
South Bend Common Council
4th Floor County -City Building
South Bend, Indiana 46601
Land Surveyors . Professional Engineers
Landscape Architects . Land Planners
August 1, 2013
RE: Vacation Petition for the first East /West Alley South of
Cedar running West from Eddy Street for a distance of
approximately 200 feet to its' termination point. All situated in
the Plat of "Hull's Subdivision of Block 11 of Cottrell's First
Addition to the Town of Lowell, Now the City of South Bend ",
Recorded in Plat Book 10, Page 105, in the office of the recorder
of St. Joseph County, Indiana.
Dear Council Members:
Our clients, 424 Francis LLC, are requesting the approval of
the Vacation for the above described Alley.
The reason for this request is to allow for the
reconfiguration of parking within their property, to remove an
existing driveway onto Eddy Street and add a new entrance to
their apartment complex off of Cedar Street.
The Petitioners believe that vacating the above- mentioned
Public right -of -way will not have a detrimental effect on the
adjacent properties located along this portion of Eddy Street.
If you have any questions concerning this matter, please feel
free to give me a call at 234 -4003.
Sincerely, ZIM
Michael J. Danch
President
Danch, Harner & Associates, Inc.
File #130157
1643 Commerce Drive . South Bend, IN 46628
office 574/234 -4003 ■ 800/594 -4003 ■ Fax 574/234 -4119
C/' Y Cl Erz,L
208 West Mars . Berrien Springs, M149103
office 269/471 -3010 ■ Fax 269/471 -7237
1316 COUNTY -CITY BUILDING
227 W. 3EFFEnoN BOULEVARD
SOUTH BEND, INDIANA 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
July 9, 2013
Mr. John Bogdafarcan
424 Frances, LLC
2433 Oak valley Drive, Suite 500
Ann Arbor, Michigan 48103
PHONE 574/ 235 -9251
FAx 574/235 -9171
RE: Alley Vacation — East/West Alley between Cedar Street and Madison Street, West from Eddy
Street to the North/South Alley
(Preliminary Review)
Dear Mr. Bogdafarcan:
The Board of Public Works, at its July 9, 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.
Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of
this alley.
Please contact ToM 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,
Jf
Lm —)dl ,Clerk
c: Federico Rodriguez, Fire Department
Tony Molnar, - Engineering
Janice Talboom,. City Clerk's Office
Michael Mecham, Engineering
GARYA. GILOT DAVID P. RELos KATHRYN E. Roos MICHAEL C. MFCHAM MARK W. NEAL
.a Lercet
erom: Melinda Lerce!
Sent: Wednesday, May 01, 2013 2:07 PM
To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @cost joseph.in.us;
Eugene Eyster
Cc: Cheryl Greene; pmgriffin@nisource.com
Subject: Ailey Vacation - John Bogdafarcan - 424 Frances, LLC
Attachments: Alley Vacation - John Bogdafarcan - 424 Frances, LLC.pdf
Please provide your recommendations.
Thank you,
Melinda tercel
Department of Public Works
Division of Engineering
(574) 235 -9251
mlercel Osouthbend in.go_v
City of South Bend
227 W. Jefferson Blvd.
Suite 1316 County City Building
South Bend, IN 46601
http://www.southbendin.gov
1
.ia Lercel
rrom: Federico Rodriguez
Sent: Thursday, May 02, 2013 9:55 AM
To: Melinda Lercel
Subject: RE: Alley Vacation - John Bogdafarcan - 424 Frances, LLC
Approved S.B.F.D
Federico (Chico) Rodriguez
Fire Marshal
Fire Prevention Bureau
(574) 235 -7564
frodri u southbendin.eov
South Bend Fire Department
1222 S. Michigan St. 46601
c�OCtiH
r ,y
i
From: Melinda Lercel
Sent: Wednesday, May 01, 2013 2:07 PM
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 - John Bogdafarcan - 424 Frances, LLC
Please provide your recommendations.
Thank you,
Melinda Lercel
Department of Public Works
Division of Engineering
(574) 235 -9251
miercel @southbendin.eov
City of South Bend
227 W. Jefferson Blvd.
Suite 1316 County City Building
South Bend, IN 46601
http dlwww.southben din.eov
Melinda Lercel
From: Eugene Eyster
Sent: Thursday, May 02, 2013 7:57 AM
To: Melinda Lercel; Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez;
jbyorni@co.st-joseph.in.us
Cc: Cheryl Greene; pmgri.ffin @nisource.com
Subject: RE: Alley Vacation - John Bogdafarcan - 424 Frances, LLC
Melinda,
After review the Police Department would have no objection to the approval of this request
Lt. Eyster
From: Melinda Lercel
Sent: Wednesday, May 01, 2013 2:07 PM
To: Andre Price; Itin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.st josephJn.us; Eugene Eyster
Cc: Cheryl Greene; pmgriffin @nisource.com
Subject: Alley Vacation - John Bogdafarcan - 424 Frances, LLC
Please provide your recommendations:
Thank you,
Melinda Lercel
Department of Public Works
Division of Engineering
(574) 235 -9251
miercel@southbendin.eov
City of South Bend
227 W. Jefferson Blvd.
Suite 1316 County City Building
South Bend, IN 46601
http://www.southbendin.gov
Melinda Lercel
From:
Elizabeth Maradik
Sent:
Monday, May 06, 2013 9:56 AM
To:
Melinda Lercel
Cc:
Jitin Kain
Subject:
424 Frances LLC Alley Vacation. Request Recommendation
The Department of Community Investment (DCI) recommends that a site plan be submitted for review of these issues prior to
approval of the request. The site plan will provide clarity on the following:
• There is one parcel mid -block which is not owned by the applicant, so a portion of the vacated alley would become the
property of this other owner. It appears the full width of the alley is used by the applicants tenants to access parking /
the units. Because of this it is believed that the applicant will have to either purchase the property from the adjacent
property owner or will have to remove existing parking in order to accommodate vehicular access.
• The request notes that a new entrance would be located on Cedar St. Engineering should review a site plan to ensure
the new curb cut is adequate distance from the intersection of Eddy & Cedar (note that the traffic signal currently
located at Eddy & Madison will be moved to this intersection).
Please let me know if you have any questions.
Thanks,
Liz
Elizabeth Maradik
Planner
Department of Community Investment
City of South Bend
227 W. Jefferson Blvd.
South Bend, IN 46601
(574) 235 -5821
emaradikna.s outhbendin.gov
TO:
I BOAROFFICE jwru,
OF PUBLIC WORKSM
Andre p -
.litin Tai nce' Solid waste
Micha n, C°mmun • Dq t S SENT,
Peden- et Mecha "y Invest 4�2 -�20�3
m, En 'Went
osen BYoMi A ea p' Fie Depa Department
G h.'n.us or Ian Co d'nent
ene. EYster 235 9813 f mmisslon b
Sv°M. p heG► GreenCl� Departtmnn °1•n� c °•st-
B.1,ECT: Linda � 'n, NIPSCO Attorney,.- 0
AApL1CAWT; REt�UEST FOn, Clerk �n nisourCe co
LOCATION: John eogd R RECO�MENDATIO m) (FYI Only)
Eas afarcan N - ALLEY
DAI't Djje. to th�rsttAll, betwee 24 Frances, VACATION
LLC,
OR E-MAIL TO, ASAP NO h /gouth All Cedar and Madison
west
CO en ov
NDATIONS AND
� COMMENTS:
ey
Date
9,
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JOHN W. BYORNI
EXECUTIVE DIRECTOR
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 (S74) 29S -9571
May 8, 2013
City of South Bend.
Board of Public Works
13`' Floor, County -City Building
South Bend, Indiana 46601
RE: Alley Vacations
Applicant: John Bogdafarcan — 424 Frances, LLC
Location: EastlWest Alley between Cedar Madison West from Eddy to the first
North /South Alley (Hull Street)
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.
This alley /street is currently being used as the drivewaylparking area and has been for at least
the past 10 years. A north /south alley was vacated in 1988 and 1991.
(2) The vacation would not make access to the lands of the aggrieved person by means of public
way difficult or inconvenient.
The petitioner owns all but one parcel abutting these alleys. The parcel not owned by the
petitioner has access from Cedar Street.
(3) The vacation would not hinder the public's access to a church, school, or other public building or
place.
This alley /street does not access a church, school or other public building or place.
(4) The vacation would not hinder the use of a public way by the neighborhood in which it is located
or to which it is contiguous.
The properties can stilt gain access from Frances Street or Cedar Street.
Due to the above stated reasons, the staff recommends that the proposed alley /street vacation be
approved.
Please contact our office if you have any questions or need any additional information.
Sincerely,
Christa Nayder, Planner
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND
WW W.S TJOSEP HC OU N T Y I NO I ANA. C.OM
.'y£e
WARRANTY DEED
Grantee's Malling Andress: Property Address: Taut Parcel No.:
424 Francis, LLC 9028 Ceder Street 018-60113 -0612/
2433 Oak Valley Dr. Ste 500A South Bend, IN 45617 71 -08 -01482. 003.000 -026
Ann Arbor, MI 46103
This Indenture Witnesseth, That 650 West Golf, LLC, an Illinois Limited Liability Company, conveys
and warrants to 424 Francis, LLC, a Michigan Limited Liability Company,
For the sum of SIXTY THOUSAND AND NO1100 ($60,000.00) DOLLARS, the following described real
estate in St. Jor<eph County, In the State of Indiana:
Lot Numbered Seven (7) as shown on the plat of Hull's Subdivision of Large Lot or Block Numbered 11 In
Samuel L. Cottreirs First Addition to the Town of Lowell, now witt►in and part of the City of South Send,
recorded in the Office of the Recorder of St Joseph County, Indiana EXCEPTING THEREFROM a lot or
parcel of land 6 feet in width, East and west, taken off of and from the entire length of the east skis
thereof.
Subject to real estate tax", Oct yet due and payable.
The undersigned person oxeaitiri;l this deed on behalf of said Grantor represents and certifies that he Is
a duly elected. member -of "id Grantor and has been fully empowered. by proper resolution of the
Members of said Grantor to execute. and deliver this deed; that the Grantor has full capacity to convey the
real estate described heroWand that all necessary action for the making of such Conveyance has been
taken and done.. ,
Subject to any ark, all easements. agreements, and restrictions of record, and to legal highways.
Signed this 3. f day of Mae. 2813.
660 West Golf, LLC, an I'llin'ois Limited Liability Company
low
EPHEN R WkETON, Aftrfiber
Page 1 of 2
Acknowladgement
_ . State of Illinois, Countyof �)J) F--..„�
Before me, a Notary Public In and for the said County and Stag, personally appeared STEPHEN R
NAPLETON, Member of 650 West Golf, I.I.C. an Illinois Limited Liability Company, who acknowledged
this execution of the foregoing Warranty Deed, and who, having been duly sworn, stated . that any
representations therein contained are true.
Ir
Witness myhand and notarial seal this day y. y, 2013.
My commission des: Signature:
lots i 14 Printed: V16M Wary Pubic
Residing in. .___ 5.11 _ County, 116nofs
This Inatrumertt propar+e4i;bar
HOWARD H. KAHNE, of . '
I?ASSARO, KAtINE & T4Y� O.R
r. AW OFFICES, F'. L t.•C:,
oftwaw
. �;
Y $t35 West ¢�aipireet
Denton'Herbor, MI 49022"
Nohry Pw* aft of mn*
My Corwr�hdon Eaanes tq�y20ta
Telephone: (268) 983 0325.
I affirm, under the penalties for penury, that I have taken reasonable care to redact each Social Security
Number In this document, unless required by raw.
Nae:
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Page 2 of 2
INTER - OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE SENT: 4/29/2013
TO:
Andre Price, Solid Waste
rLitin Kain, Community Investment's
Michael Mecham, Engineering Department
Federico Rodriguez, Fire Department
hn Byorni, Area Plan Commission (ibyornia-co.st-
se h.in.us or 235 -9813 fax)
Gene Eyster, Police Department
Cheryl Greene, City Attorney's Office
Phil Griffin, NIPSCO (pmgriffina-nisource.com) (FYI Only)
FROM:
Linda M. Martin, Clerk
SUBJECT:
REQUEST FOR RECOMMENDATION — ALLEY VACATION
APPLICANT:
John Bogdafarcan — 424 Frances, LLC.
LOCATION• '
East/West Alley between Cedar and Madison West from Eddy
to the first North /South Alley
DATE DUE:
ASAP
FAX OR E -MAIL TO: 235 -9171 / Imartin(&- southbendin.gov
RECOMMENDATIONS AND COMMENTS:
By Date
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY EAST OF
TAYLOR STREET FROM WESTERN AVENUE SOUTH TO THE FIRST VACATED
EAST/WEST ALLEY
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 North /South alley East of
Taylor Street from Western Avenue South to the First
(vacated) East/West alley for a distance of 198 feet and a
width of 14 feet, being a part of Vails Subdivision, 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:
Key # 018- 3013 - 045603
Key # 018- 3013 -0457
Key # 018- 3013 -0459
Key # 018 - 3013 -0465
Key # 018- 3013 -0467
Key # 018- 3013 -0468
Lot #9
Lot #10
Lot #11 and #12
Lot #1 and #2
Lot #3
Lot #4
Section IV. The purpose of the vacation of the real property is to better facilitate
pedestrian cross traffic between the two businesses on either side of the alley to be
vacated.
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.
D,e,,L 0-
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.
I st PTAV.1'4G
- Z--(3
)UBLIC HEARING
3 rd READING
'400 APPROVED
ZEFERRED
)ASSED
City Clerk
day of , 2 , at
Mayor, City of South Bend, Indiana
Filed In,09ir 'e Officer s
JON ROB
MY c' isk SOUT14 f turps rill
PETITION TO VACATE PUBLIC RIGHTS -OF -WAY
(STREETS /ALLEYS)
TO THE COMMON COUNCIL DATE:
OF THE CITY OF SOUTH BEND, INDIANA
I, THE UNDERSIGNED PROPERTY OWNER, PETITION YOU TO VACATE:
THE ALLEY DESCRIBED AS:
A 14' x 198' alley East & West between Taylor & William Streets & North & South from Western
to the first alley South of.
NAME (signed & printed)
Maribeth Roncz
ADDRESS
16183 Wellington Parkway
Granger, Indiana 46530
RETURN TO:
OFFICE OF THE CITY CLERK
JOHN VOORDE, CITY CLERK
ROOM 455 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601
(574) 235.9221
RonczA[IeyVacationC ityOfSouth6 endVacationPet ition. doc
LOT #
Lot #1, #2 & #3
CONTACT PERSON:
Lang, Feeney & Associates, Inc.
715 South Michigan Str��-
South Bend, Indiana 46 Bed In Clerk's 001cc
(574) 233 -1841 6
AUQ 7 ?013
TO; � v0� q� r�E
018- 3012 -0424 & 0425
City of South Bend
227 West Jefferson Blvd., Ste 1200
South Bend, Indiana 46601
018 -3013 -0468
Daniel Jaworski
415 South William Street
South Bend, Indiana 46601
018- 3013 -0456, - 045601
- 045602, - 045603 & -0457
Entermission Inc.
360 East University Drive
Granger, Indiana 46530
018- 3014 - 051'501
City of South Bend Dept. of Public
Works
301 South St. Louis Blvd.
South Bend, Indiana 46617
018- 3012 - 041201
Kentucky Data Link Inc.
Attn: Anthony Candelario
Overland Park, Kansas 66214
018 -3013 -0459
Sweet Home Baptist Church
P. O. Box 6718
South Bend, Indiana 46660
Filed in Clerk's Office
JOHN VOORii-
CITY CLERK, SOU-04 BFMD IN
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Legal Description:
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-0479
Legal Description:
The alley to be vacated is the first North /South alley East of Taylor Street
from Western Avenue South to the first (vacated) East /West alley for a
distance of 198 feet and a width of 14 feet, being a part of Vails Subdivision,
City of South Bend, Portage Township, St. Joseph County, Indiana.
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The alley to be vacated is the first North /South alley East of Taylor Street
from Western Avenue South to the first (vacated) East /West alley for a
distance of 198 feet and a width of 14 feet, being a part of Vails Subdivision,
City of South Bend, Portage Township, St. Joseph County, Indiana.
LANG, FEENEY and ASSOCIATES, INC.
LAND SURVEYING - CONSTRUCTION ENGINEERING
715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46601
TELEPHONE 574/233 -1841 • FACSIIVIILE 574/674 -0374
WILLIAM D. LANG, PRES.
JOHN B. FEENEY, L.S.
INDOT PREQUALIFIED: TERANCE D. LANG, L.S. SUB— DIVISIONS
5.4 ECOLOGICAL SURVEYS BOUNDARY SURVEYS
5.5 WETLAND MITIGATION CONSTRUCTION SURVEYS
6.1 TOPOGRAPHIC SURVEY DATA COLLECTION
City of South Bend
Office of the City Clerk
County -City Building, Room 455
South Bend, Indiana 46601
Attention: Janice Talboom
PUBLIC WORKS PREQUALIFIED
Re: Alley Vacation —A 14'x 198' alley East & West between Taylor & William Streets
& North & South from Western to the first alley South of.
Janice, please find enclosed the necessary paperwork for the above referenced alley
vacation. As stated on the enclosed Ordinance the purpose is to better facilitate pedestrian
cross traffic between the two businesses on either side. If you have any questions or
concerns please feel free to contact our office at your earliest convenience.
Sincerely,
Lang, Feeney & Associates.
E Red in Clerk's
f
I
CON CLERK, SOUTH L}
RonczAlleyVacationCityOfSouthBendVacabonCover .doe
1316 COUNTY -CITY BUILDING
227 iv JEFFERSON BOULEVARD
SoUTH BEND, INDIANA 46601 -1930
Ms. Mary Beth Roncz
16183 Wellington Parkway
Granger, Indiana 46530
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
July 23, 2013
NONE 574/235 -9251
FAx 574/235 -9171
RE: Alley Vacation — The North/South Alley from Western Avenue South to the First East/West
Alley between Taylor and William Streets
(Preliminary Review)
Dear Ms. Roncz:
The Board of Public Works, at its July 23, 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.
Therefore, the Board of Public Works submitted a favorable recommendation for the
vacation of this alley.
Please contact Tony Molnar at (574) 235 -9254 prior to picking vp your radius man
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,
Lind M. Martin, Clerk
c: Federico Rodriguez, Fire Department
Tony Molnar, Engineering
Janice Talboom, City Clerk's Office
Michael Mecham, Engineering
GARY A. GMOT DAvID P. RELOS KATHRYN E. Roos MICHAEL C. MECHAM MARK W. NEAAL
Melinda Lercel
From:
Melinda Lercel
Sent:
Thursday, June 27, 2013 10:50 AM
To:
Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.s# joseph.in.us;
Eugene Eyster
Cc:
Cheryl Greene; pmgriffin @nisource.com
Subject:
Alley Vacation Recommendation - Mary Beth Roncz
Attachments:
Alley Vacation - Mary Beth Rocz.pdf
Please provide your recommendations.
Thank you,
Melinda Lercel
Department of Public Works
Division of Engineering
(574) 235 -9251
miercel Osou thbend 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: Eugene Eyster
Sent: Thursday, June 27, 2013 11:13 AM
To: Melinda Lercel; Linda Martin
Subject: RE: Alley Vacation Recommendation - Mary Beth Roncz
The Police Department would have no objection to the vacation of this alley
Lt. Eyster
From: Melinda Lercel
Sent: Thursday, June 27, 2013 10:49 AM
To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.stjoseph.in.us; Eugene Eyster
Cc: Cheryl Greene; pmgriffin @nisource.com
Subject: Alley Vacation Recommendation - Mary Beth Roncz
Please provide your recommendations.
Thank you,
Melinda Lercel
Department of Public Works
Division of Engineering
(574) 235 -9251
miercel@southbendin.Qov
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: Thursday, June 27, 2013 1:51 PM
To: Melinda Lercel
Subject: RE: Alley Vacation Recommendation - Mary Beth Roncz
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
$0i-, r'Y
f,� ryo
From: Melinda Lercel
Sent: Thursday, June 27, 2013 10:49 AM
To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.st- joseph.ln.us; Eugene Eyster
Cc: Cheryl Greene; pmgriffin @nisource.com
Subject: Alley Vacation Recommendation - Mary Beth Roncz
Please provide your recommendations.
Thank you,
Melinda Lercel
Department of Public Works
Division of Engineering
(574) 235 -9251
mlercelC&southbendin.eov
City of South Bend
227 W. Jefferson Blvd.
Suite 1316 County City Building
South Bend, IN 46601
http://www.southbendin.yov
Melinda Lercel
From: Angela Smith <ASmith @co.st joseph.in.us>
Sent: Monday, July 01, 2013 3:25 PM
To: Melinda Lercel
Subject: Re: Ailey Vacation Recommendation - Mary Beth Roncz
Attachments: N -S Ailey from Western to 1st E -W between Taylor and William.doc; Smith, Angela.vcf
Attached are comments for the above referenced Alley Vacation. Please let me know if you have any questions or
comments.
thanks,
-*We& N. Smith, Planner
Area Plan Commission
(574) 235 -9571
>>> Melinda Lercel <mlercel@ southbendin.gov> 6/27/2013 10:49 AM >>>
Please provide your recommendations.
Thank you,
Melinda Lercel
Department of Public Works
Division of Engineering
(574) 235 -9251
mlercel@southbendin.eov
City of South Bend
227 W. Jefferson Blvd.
Suite 1316 County City Building
South Bend, IN 46601
http:/Iwww.southbendin.gov
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=W - -- E9
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
EA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 {574) 235 -9571
July 2, 2013
City of South Bend
Board of Public Works
13;" Floor, County -City Building
South Bend, Indiana 46601
RE: Alley Vacation
Petitioner: Mary Beth Roncz
Location: North /South Alley from Western Avenue South to the First East/West Ailey
between Taylor and William Streets
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.
Many of the alleys in this general vicinity have already been vacated. Vacation of this portion of
the alley will not affect the 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.
The surrounding properties have access from William, Western, and Taylor Streets.
(3) The vacation would not hinder the public's access to a church, school, or other public building or
place.
The Sweet Home Baptist Church has direct access from Taylor Street.
(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 surrounding properties will continue to have access on William, Western, and Taylor
Streets.
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 Smith, Planner
SERVING ST, JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND
WWW.S TJ 0 SEPHCDU NTYI NDIANA.COM
Melinda Lercel
From:
Chris Dressel
Sent:
Wednesday, July 03, 2013 5:05 PM
To:
Melinda Lercel
Cc:
Jitin Kain
Subject:
RE: Alley Vacation Recommendation - Mary Beth Roncz
Recommended for approval. Condition of alley surface reveals that it's not been used as a thoroughfare in some
time. Adjacent alleys have been vacated leaving a stub. Supports continued investment within block.
Chris
Christopher D. Dressel
Planner
Bicycle Coordinator
Department of Community Investment
(574) 235 -5847
cdressel @southbendin.eov
City of South Bend
227 W. Jefferson Blvd.
South Bend, IN 46601
http: / /www.so uthbe ndin.gov
..... .._..... -__ -. ..- _..__.. -_
From: Melinda Lercel
Sent: Thursday, June 27, 2013 10:49 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 Recommendation - Mary Beth Roncz
Please provide your recommendations.
Thank you,
Melinda Lercel
Department of Public Works
Division of Engineering
(574) 235 -9251
mlercel @southbendin.eov
City of South Bend
227 W. Jefferson Blvd.
Suite 1316 County City Building
South Bend, IN 46601
http://www.southbendin.jZov
INTER- OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE SENT: 6/27/2013
TO:
Andre Price, Solid Waste
Jitin Kain, Community Investment
Michael Mecham, Engineering Department
ederico Rodriguez, Fire Department
t� John Byorni, Area Plan Commission (jbyorni0_co.st-
bse h.in.us or 235 -9813 fax)
Gene Eyster, Police Department
Cheryl Greene, City Attorney's Office
Phil Griffin, NIPSCO (pmgriffin(ED-nisource.com) (FYI Only)
FROM:
Linda M. Martin, Clerk
SUBJECT:
REQUEST FOR RECQMMENDATION — PROPERTY
VACATION
APPLICANT:
Mary Beth Roncz
LOCATION:
North /South Alley from Western Avenue South to the First
East/West Alley between Taylor and William Streets
DATE DUE:
July 8, 2013
FAX OR E -MAIL TO: 235 -9171 / Imartin(M- southbendin.gov
RECOMMENDATIONS AND COMMENTS:
BY Date
Q')- -1cNA3
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE PUBLIC ALLEY EAST OF MAIN STREET BOUNDED BY WAYNE STREET
ON THE NORTH AND WESTERN AVENUE ON THE SOUTH
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 public alley east of Main Street bounded by Wayne Street on the north and
Western Avenue on the south, also known as Otsego Street as shown on the
recorded Original Plat of the Town, now City, of South Bend, St. Joseph County,
Indiana.
hereby determines that it is desirable to vacate said property.
SECTION II. The City of South Bend hereby reserves the rights and easements of all
utilities and the Municipal City of South Bend, Indiana to construct and maintain any facilities,
including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water
control structures and ditches, within the vacated right -of -way, unless such rights are released by
the individual utilities.
SECTION III. The following property may be injuriously or beneficially affected by such
vacating:
St. Joseph County Public Library
c/o Donald J. Napoli, Director
304 South Main Street
South Bend, IN 46601
Tax Key Nos. 018- 3008 -0268
018- 3008 -0270
018 - 3008 -0271
018- 3008 -0272
018- 3008 -0274
018- 3008 -0275
01 8- 3008 -0276
018- 3008 - 027801
018- 3008 -0284
City of South Bend, Indiana, for the use and benefit of its Department of Redevelopment
Tax Key No2. 018- 3008 -02782
018- 3008 -0279
018- 3008 -0280
018- 3008 -0281
018- 3008 -0282
018- 3008 - 028301
SECTION IV. The purpose of the vacation of the real property is:
The vacation is sought to eliminate vehicular traffic through the street/alley adjacent to the
Library buildings and parking lot. The Library intends to expand its parking area for the Main
Library and other Library buildings on the lots owned by the Library to the east of the street/alley.
Use of the north portion of the street/alley as a through street by vehicles exposes pedestrians
traveling to and from the Library buildings to danger from traffic. The vacation is requested out
of concern for the safety of pedestrians using the parking lots and Library buildings.
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.
1 0- 4-
Member of the Common Council
.(p��nt a97i aouca - 11> <_ ,u [r6�cs cYds f�,b3��
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.
1 st READING
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
City Clerk
day of , 2 1 , at
Mayor, City of South Bend, Indiana
Filed In Cf ;.. a office
FA G s 7 2013
CITY CLERK, 60 w tj REND, IN
PETITION TO VACATE PUBLIC RIGHT -O
(STREETS AND ALLEYS)Mz 4
i
August 2, 2013 1 :. 8
u
LCIL. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ���«�
St. Joseph County Public Library ( "Library "), the undersigned Property Owner, Petitions
You to Vacate:
A. THE STREET /ALLEY DESCRIBED AS:
The public alley east of Main Street bounded by Wayne Street on the north and
Western Avenue on the south, also known as Otsego Street as shown on the
recorded Original Plat of the Town, now City, of South Bend, St. Joseph
County, Indiana.
The street/alley sought to be vacated is east of and adjacent to the Main Library located at
304 South Main Street, South Bend, Indiana. The attached Site Plan shows the street/alley
to be vacated and the adjacent property. The Library owns land and buildings adjacent to
the street /alley to be vacated, including the Main Library building on the north -east corner
of Main Street and Wayne Street, the building on the north -west corner of Michigan Street
and Wayne Street, the vacant lot immediately south of that building and the building on the
south west corner of Western Avenue and Michigan Street. The City of South Bend owns
the parking lots between the Library's property on the east side of the of the street/alley to
be vacated. The. Library proposes to block vehicular traffic through the vacated portion of
the street/alley by the use of bollards and landscaping.
The vacation is sought to eliminate vehicular traffic through the street/alley adjacent to the
Library buildings and parking lot. The Library intends to expand its parking area for the
Main Library and other Library buildings on the lots owned by the Library to the east of the
street/alley. Use of the north portion of the street/alley as a through street by vehicles
exposes pedestrians traveling to and from the Library buildings to danger from traffic. The
vacation is requested out of concern for the safety of pedestrians using the parking lots and
Library buildings.
The alley cannot be used as a through street for access to properties to the north or south of
the proposed vacated street/alley. The alley to the north of Wayne Street, east of and
adjacent to the United States District Court Building, bounded by Jefferson Boulevard to the
Page 1 of 2
north, has been vacated and is closed to through traffic. The alley to the south of Western
Avenue, east of and adjacent to the United States Bankruptcy Court Building, bounded by
Monroe Street on the south, has been vacated and is closed to through traffic.
No adjacent property owner will be adversely affected by vacating the street /alley. The St.
Joseph County Public Library land and buildings adjacent to the street /alley, on both the east
and west sides. The City of South Bend owns land adjacent to the street/alley and agrees
with the proposed vacation of the alley. There will be a cross - access agreement between the
City and the Library for use of the vacated alley. The Board of Public Works has agreed to
submit a favorable recommendation for the vacation of the street /alley, subject to the cross-
access agreement.
All utility easement rights within the vacated street /alley will be maintained unless the rights
are released by the utilities.
Respectfully submitted,
Donald J. Napoli, erector
St. Joseph County P 6lic Library
CONTACT n1ERSON:
James A. Masters (Ind. Bar No. 9074 -71)
NEMETH, FEENEY, MASTERS & CAMPITI, P.C.
211 West Washington
Suite 1800
South Bend, Indiana 46601
Telephone:. 574/234 -0121
Attorney for St. Joseph County Public Library
Filed in:
Office of the City Clerk
John Voorde, City Clerk
Room 400 S, County -City Building
227 West Jefferson Boulevard
South Bend, in 46601
Telephone: 574/235-9221
Page 2 of 2
A116 -7 2013 t
L --
-------------------------------------------------------------- - - - - -i
THE ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY EAST OF MAIN STREET FROM
WAYNE STREET SOUTH TO WESTERN AVENUE FOR A DISTANCE OF 410 FEET AND A WIDTH OF 14
FEET, BEING A PART OF ORIGINAL PLAT OF SOUTH BEND, CITY OF SOUTH BEND, ST JOSEPH
COUNTY, INDIANA.
Re: St. Joseph County Library and Its
Petition to Vacate Public Right -of -way (Streets and Alleys)
List of Adjacent Property Owners Within 150 Feet
1. Parcel I.D.: 018- 3007 -0248
Paul J. Grabill and
Joan C. Grabil
11821 S. Paiute Street
Phoenix, AZ 85044
2. Parcel I.D.: 018- 3007 -0250
Lake County Trust Company
2200 N. Main Street
Crown Point, IN 46307
3. Parcel I.D.: 018- 3007 -0249
SZL, LLC
231 S. Michigan Street
South Bend, IN 46601
4. Parcel I.D.: 018- 3007 -0239
Coyne Investments Limited Partnership
1428 Hamilton Avenue
Cleveland, OH 44114
5. Parcel I.D.: 018- 3016 -0593
ACW South Bend American, LLC
c/o Paul Ash Management Co., LLC
3499 North Campbell Ave.
Suite 907
Tucson, AZ 85719
6. Parcel I.D.: 018- 3016- 058601
City of South Bend
Department of Redevelopment
1200 County City Building
South Bend, IN 46601
Filed i �.r
ffice
AEG "�1
lrr ,S0
NEMETH, FEENEY, MASTERS & CAMPITI, P.C.
ATTORNEYS AT LAW
PETER J. NEMETH, of counsel
JAMES A. MASTERS
VINCENT M. CAMPITI
A. ROBERT MASTERS,
also admitted in Illinois
REINHOLD SCHROEDER, of counsel,
also admitted in Michigan
PETER S. NEMETH, of counsel
Common Council
City of South Bend
4 ' Floor, County -City Building
227 West Jefferson Boulevard
South Bend, IN 46601
CHASE TOWER, SUITE 1800
211 WEST WASHINGTON STREET
SOUTH BEND, INDIANA 46601
Dear Members of the Common Council:
TELEPHONE: (574) 234 -0121
(574) 233 -9449
TELEFAX: (574) 234 -3141
www.nfmlaw.com
August 7, 2013
NEW CARLISLE OFFICE:
109 EAST MICHIGAN STREET
P.O. Box 259
NEW CARLISLE, INDIANA 46552
TELEPHONE: (574) 654 -3722
PETER F. NEMETH (1915 -1995)
F. GERARD FEENEY (1918 -2004)
DEVERE D. GOHEEN (1912 -2000)
RE: Petition of St. Joseph County Public Library
to vacate Otsego Street
This letter is addressed to you on behalf of the St. Joseph County Public Library. The Library
desires to vacate the following described property in the City of South Bend, Indiana:
The public alley east of Main Street bounded by Wayne Street on the north and Western
Avenue on the south, also known as Otsego Street as shown on the recorded Original Plat
of the Town, now City, of South Bend, St. Joseph County, Indiana.
The street /alley sought to be vacated is east of and adjacent to the Main Library located at 304 South Main
.Street, South Bend, Indiana. The Site Plan attached to the Petition to Vacate shows the street/alley to be
vacated and the property owned by the Library. The Library owns the land and buildings adjacent to the
street/alley to be vacated, including the Main Library building on the north -east corner of Main Street and
Wayne Street, the building on the north -west corner of Michigan Street and Wayne Street, the vacant lot
immediately south of that building and the building on the south west corner of Western Avenue and
Michigan Street. The City of South Bend owns the parking lots on the east side of the of the street/alley to
be vacated between the Library's property. The Library proposes to block vehicular traffic through the
vacated street/alley by the use of bollards and landscaping at the north end of the alley.
The vacation is sought to eliminate vehicular traffic through the street/alley adjacent to the Library
buildings and parking lot. The Library intends to expand its parking area for the Main Library and other
Library buildings on the lots owned by the Library to the east of the street /alley. Use of the
NEMETH, FEENEY, MASTERS & CAMPITI, P.C.
ATTORNEYS AT LAW
South Bend Common Council
August 7, 2013
Page Two
street /alley as a through street by vehicles exposes pedestrians traveling to and from the Library buildings
to danger from traffic. The vacation is requested out of concern for the safety of pedestrians using the
parking lots and Library buildings.
No adjacent property owner will be adversely affected by vacating the street/alley. The St. Joseph
County Public Library land and buildings adjacent to the street /alley, on both the east and west sides. The
City of South Bend owns land adjacent to the street /alley and agrees with the proposed vacation of the alley.
The City Board of Public Works has given a favorable recommendation to the alley vacation. The Library
and the City have entered into a Cross - Easement Agreement for use of the vacated alley.
The alley cannot be used as a through street for access to properties to the north or south of the
proposed vacated street /alley. The alley to the north of Wayne Street, east of and adjacent to the United
States District Court Building, bounded by Jefferson Boulevard to the north, has been vacated and is closed
to through traffic. The alley to the south of Western Avenue, east of and adjacent to the United States
Bankruptcy Court Building, bounded by Monroe Street on the south, has been vacated and is closed to
through traffic.
All utility easement rights within the vacated street/alley will be maintained unless the rights are
released by the utilities.
Respectfully submitted,
James A. asters
Attorney, f
St. Jos County Public Library
JAM/st
cc: Donald J. Napoli, Library Director
FIIeCF
IS. _ e
FAIIi z�
t
Ci
��' ,;3c- q
1316 COUNTY -CITY BUILDING
227W JEmRwN BouLEvARD
SOUTH BEND, INDIANA 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
July 23, 2013
Mr. James Masters
Nemeth, Feeney, Masters & Campiti, PC
Chase Tower, Suite 1800
211 West Washington Street
South Bend, Indiana 46601
PI-IoNE 574/ 235 -9251
FAx 5741235 -9171
RE: Alley Vacation —the First North/South Alley (Otsego Street) East of Main Street bounded by
Wayne Street on the North and Western Avenue on the South (Preliminary Review)
Dear Mr. Masters:
At its July 23, 2013 meeting, the Board of Public Works reviewed comments by the Engineering
Department; 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. The Redevelopment Commission stated they own six (6) parcels that abut the alley and
vacating the alley would land -lock the access from the alley to their parcels. Therefore, the Board
previously tabled this request to review other options.
After discussion between you, the Redevelopment Commission, and the Board of Public Works,
all parties agreed the best resolution is to vacate the entire alley, and provide the City with a cross - access
agreement. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation
of this alley, subject to a cross - access agreement for the City to access the Redevelopment -owned lots.
The City agreed to allow the Library to landscape the vacated alley portion
Please contact Tony Molnar at (574) 235 -9254 prior to nicking up your radius man 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,
nda M. Martin, C r�
c. Federico Rodriguez, Fire Department
Tony Molnar, Engineering
Janice Talboom, City Clerk's Office
Michael Mecham, Engineering
GARY A. GILQT DAVID P RELOs KATHRYN E. Roos MICHAEL C. MECHAM MARK W. DEAL
INTER - OFFICE MEMORANDUM
DEPARTMENT OF PUBLIC WORKS
. DIVISION OF ENGINEERING
TO: . Linda Martin, Clerk Board of Works
FROM: Tony Molnar
SUBJECT: Library Alley Vacation
DATE: July 3, 2013
Please find attached a map showing the portion of the North /South alley adjacent. to
the Main Branch of the St. Joseph County Public Library. The Board considered
this vacation before but Jitin Kain, Community Investment raised issues about
access to City owned property that faces on Michigan Street. In an e-mail sent to
the Library June 20, 2013 Jitin indicated that the City would agree to the vacation if
the Library agreed to vacate only a portion of the alley. The attached map shows a
vacation of 225 feet of the alley from Wayne Street to the South end of the Library
building which leaves sufficient area for access to the City owned lots. Jitin also
indicated that the City would be agreeable to allowing the Library to landscape the
vacated alley as they had proposed.
If you have any questions, please let me know.
Thanks,
Tony
F :IDATAISHAREIENG INEERIWPDATAImemoboa rd_wpd
NEMETH, FEENEY, MASTERS & CAMPITI, P.C.
ATTORNEYS AT LAW
PETER J. NEMETH, of counsel
JAMES A. MASTERS
VINCENT M. CAMPITI
A. ROBERT MASTERS,
also admitted in Illinois
REINHOLD SCHROEDER, of counsel,
also admitted in Michigan
PETER S. NEMETH, of Counsel
City of South Bend
Department of Engineering
County -City Building
227 West Jefferson Boulevard
South Bend, IN 46601
Dear Friends:
CHASE TOWER, SUITE 1800
211 WEST WASHINGTON STREET
SOUTH BEND, INDIANA 46601
TELEPHONE: (574) 2340121
(574) 233 -9449
TELEFAX (574) 234 -3141
www.nfmiaw.com
July 2, 2013
NEW CARLISLE OFFICE:
109 EAST MICHIGAN STREET
P.O. Box 259
NEW C.4RL1su, INDIANA 46552
TELEPHONE: (574) 654 -3722
PETER F. NEMETH (1915 -1995)
F. GERARD FEENEY (1918.2004)
REVERE D. GOHEEN (1912 -2000)
D
U.
CITY OF .SOWH BEND
RE: REVISED
Petition. of St. Joseph County Public Library
to vacate Otsego Street
Please find enclosed a copy of an a -mail dated June 20, 2013 from Jitin Kain to Nancy at the St. Joseph
County Public Library which should have been included in my letter to you of July 1, 2013.
Thank you for your kind attention in this regard.
Respectfully submitted, f
�Zi
James A. asters
Attorney fort
St. Joseph�ounty Public Library
JAM/tlr
Enclosure
cc: Donald J. Napoli, Library Director
Debra D. Futa, Assistant Director
Nancy Korpal, Financial Services Administrator
David Woodcox, Building Services
On Jun 20, 2013, at 5:31 PM, Jitin Kain - wrote:
Nancy,
After conversations with Engineering and Legal Dept about this, 1 am happy to report that we have
arrived at a solution that addresses the Library's need to vacate the alley for employee safety and
the City's desire to keep alley access open to the Redevelopment owned lots. We propose that the
Library request a vacation of the northern half of the North -South alley between Wayne and
Western. This portion can be closed off to vehicular traffic jhrough the use of bollards or other
means.
One the northern half of the alley is vacated, the property will be split equally among the adjacent
property owners. We are open to transferring the City sliver of the alley to the Library for the
purpose of the public park.
Regarding parking lot improvements, I am still having some internal conversation and will get back
with you shortly. r
Thanks,
Atin
<image005.jpg> Atin Kaln
Director, Planning
Department of Community Investment
(574) 235 -5835
1kain @southbendin.gov
City of South Bend
227 W. Jefferson Blvd., Suite 1400 S.
South Bend, IN 46601
<Image006.jpV
NEMETH, FEENEY, MASTERS & CAMPITI, P.C.
ATTORNEY$ AT LAW
PETER J. NEMETH, of counsel
JAMES A. MASTERS
VINCENT M. CAMPM
A. ROBERT MASTERS,
also admitted in 111inois
REINHOLD SCHROEDER, of counsel,
also admitted in Michigan
PETER S. NEMETH, of counsel
City of South Bend
Department of Engineering
County -City Building
227 West Jefferson Boulevard
South Bend, IN 46601
Dear Friends:
CHASE TOWER, SUITE 1800
211 WEST WASHINGTON STREET
SOUTH BEND, INDIANA 46601
TELEPHONE: (574) 234 -0121
(574) 233 -9449
TELEFAX: (574) 234 -3141
www.nfinlaw.com
July 1, 2013
NEW CARLISLE OFFICE:
109 EAST MICHIGAN STREET
P.O. Box 259
NEW CARLISLE, INDIANA 44552
TELEPHONE: (574) 654 -3722
PETERF,NEmETH (iot5.1995)
F. GERARD FEENEY (191wom)
REVERE D. GOHEEN (1912 -2000)
i -I V 1 �!
RE: REVISED
Petition of St. Joseph County Public Library
to vacate Otsego Street
This letter is addressed to you on behalf of the St. Joseph County Public Library. The Library
desires to vacate the following described property in the City of South Bend, Indiana:
The north one -half (%2) of the first North —South alley east of Main Street bounded by
Wayne Street on the North and Western Avenue on the South, also known as Otsego
Street, in the City of South Bend, Indiana.
The portion of the street/alley sought to be vacated is east of and adjacent to the Main Library located at
304 South Main Street, South Bend, Indiana. The attached Site Plan shows the street/alley to be vacated
and the property owned by the Library. The Library owns the land and buildings adjacent to the
street/alley to be vacated, including the Main Library building on the north -east corner of Main Street
and Wayne Street, the building on the north -west corner of Michigan Street and Wayne Street, the
vacant lot immediately south of that building and the building on the south west corner of Western
Avenue and Michigan Street. The City of South Bend owns the parking lots between the Library's
property on the east side of the of the street/alley to be vacated. Only the north one -half of the
street/alley will be vacated. The Library proposes to block vehicular traffic through the vacated portion
of the street/alley by the use of bollards and landscaping.
The vacation is sought to eliminate vehicular traffic through the street/alley adjacent to the
Library buildings and parking lot. The Library intends to expand its parking area for the Main Library
and other Library buildings on the lots owned by the Library to the east of the street/alley. Use of the
NEMETH, FEENEY, MASTERS & CAMPITI, P.C.
ATTORNEYS AT LAW
Department of Engineering
July 1, 2013
Page Two
north portion of the street/alley as a through street by vehicles exposes pedestrians traveling to and from
the Library buildings to danger from traffic. The vacation is requested out of concern for the safety of
pedestrians using the parking lots and Library buildings.
No adjacent property owner will be adversely affected by vacating the street/alley. The St.
Joseph County Public Library land and buildings adjacent to the street/alley, on both the east and west
sides. The City of South Bend owns land adiacent to the street /alley and agrees with the proposed
vacation of the north one -half (%2) of the alley (see attached email correspondence).
The alley cannot be used as a through street for access to properties to the north or south of the
proposed vacated street/alley. The alley to the north of Wayne Street, east of and adjacent to the United
States District Court Building, bounded by Jefferson Boulevard to the north, has been vacated and is
closed to through traffic. The alley to the south of Western Avenue,, east of and adjacent to the United
States Bankruptcy Court Building, bounded by Monroe Street on the south, has been vacated and is
closed to through traffic.
All utility easement rights within the vacated street/alley will be maintained unless the rights are
released by the utilities.
Respectfully submitted,
J ers
nty Public Library
JAM/st
cc: Donald J. Napoli, Library Director
Debra D. Futa, Assistant Director
Nancy Korpal, Financial Services Administrator
David Woodcox, Building Services
INTER- OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE SENT: 4/19/2013
TO:
Andre Price, Solid Waste
tin Kain, Community Investment
Michael Mecham, Engineering Department
Federico Rodriguez, Fire Department
1 John Byorni, Area Plan Commission (ibvomi@co.st-
joseph.in.us or 235 -9813 fax)
`v Gene Eyster, Police Department
Cheryl Greene, City Attorney's Office
Phil Griffin, NIPSCO (pmgriffn0nisource.com) (FYI Only)
FROM:
Linda M. Martin, Cleric "
SUBJECT:
REQUEST FOR RECdMM,ENDATION — STREET /ALLEY
VACATION
APPLICANT:
St. Joseph County Library
LOCATION:
First North /South Alley (Otsego Street) East of Main Street
Between Wayne Street and Western Avenue
DATE DUE:
ASAP
FAX OR E -MAIL TO: 235 -9171 / lmartinCcD-southbendin.gov
RECOMMENDATIONS AND COMMENTS:
By Date
Melinda Lercel
From: Melinda Lercel
Sent: Friday, April 19, 2013 11:40 AM
To: Andre Price; Jitih Kain; Michael Mecham; Federico Rodriguez; Eugene Eyster,
jbyorni@co.st-joseph.in.us
Cc: Cheryl Greene; pmgriffin @nisource.com
Subject: Recommendation Request - Alley Vacation - St. Joseph County Library
Attachments: Alley Vacation - St Joseph County Library.pdf
Please provide your recommendations.
Thank you,
Melinda Lercel
Department of Public Works
Division of Engineering
(574) 235 -9251
m fierce lPsouth be ndin.eov
City of South Bend
227 W. Jefferson Blvd.
Suite 1316 County City Building
South Bend, IN 46601
http://www.southbendin.go
Melinda Lercel
From: Eugene Eyster
Sent: Tuesday, April 23, 2013 7:52 AM
To: Melinda Lercel
Subject: RE: Recommendation Request - Alley Vacation - St. Joseph County Library
Melinda,
After review the Police Department would have no objection to granting this request
Lt. Eyster
From: Melinda Lercel
Sent: Friday, April 19, 2013 11:40 AM
To: Andre Price; Jitin Kaln; Michael Mecham; Federico Rodriguez; Eugene Eyster; jbyomi@co.st-joseph.ln.us
Cc: Cheryl Greene; pmgriffin @nisource.com
Subject: Recommendation Request - Ailey Vacation - St. Joseph County Library
Please provide your recommendations.
Thank you,
Melinda Lercel
Department of Public Works
Division of Engineering
(574) 235 -9251
m Tercel ODsouthbendi n.eov
City of South Bend
227 W. Jefferson Blvd.
Suite 1316 County City Building
South Bend, IN 46601
http://www.southbendin.gov
1
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
qj DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (S74) 23S -4571
April 23, 2013
City of South Bend
Board of Public Works
13 "' Floor, County -City Building
South Bend, Indiana 46601
RE: Street/Alley Vacation.
Applicant: St Joseph County Public Library
Location: Furst North /South Alley (Ostego Street) East of Main Street between Wayne Street and
Western Avenue
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.
It is the staffs understanding that the street is purposed to be vacated for future development of the St.
Joseph County Public Library,
(2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult
or inconvenient.
The petitioner owns, according to most recent tax records, approximately 75% of the property abutting
the street /alley.
(3) The vacation would not hinder the public's access to a church, school, or other public building or place.
The street does access a public building or place, the St. Joseph County Public Library, however, since
the SJCPL is the petitioner, access to their property will not be hindered.
(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.
There will still be access to the site from Main or Michigan Streets.
Due to the above stated reasons, the staff recommends that the proposed street vacation be approved.
Please contact our office if you have any questions or need any additional information.
Sincerely,
�1#,�h4
Christa Nayder, Planner
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, a ROSELAND
W W W.STJ 0 S 6 PH C 0 UN TY IND 1 ANA. C 0 M
Linda Martin
From: Jitin Kain
Sent: Thursday, May 16, 2013 5:07 PM
To: Melinda Lercel
Cc: Linda Martin; Scott Ford
Subject: RE: Recommendation Request - Alley Vacation - St. Joseph County Library
Melinda,
The Alley vacation request by the St. Joseph County Public Library states that all of the land on either side of the alley is
owned by the Library which is not true. The Redevelopment Commission owns the following parcels that abut the alley
on the East side:
PARCE LI D: 018- 3008 - 027802
PARCELI D: 018- 3008 -0279
PARCELI D: 018- 3008 -0280
PARCE LI D: 018 -3008 -0281
PAR C E LI D: 018 -3008 -0282
PA RCELI D: 018- 3008 -028301
Vacating the alley is not advisable at this time as it would not allow for alley access to the Redevelopment Parcels which
would be landlocked. It is recommended that the St. Joseph County Public Library engage in conversation with
Redevelopment staff about how the Commission owned parcels fit into their future plans prior to proceeding with this
vacation.
Thanks,
Jitin
rk#
Jitin Kain
Director, Planning
Department of Community Investment
w.
fw�
(574)235 -583S
°4-
ikain @southbendin.eov
City of South Bend
227 W. Jefferson Blvd., Suite 1400 S.
South Bend, IN 46601
ViSIT OUR NEW VIEBSITE
- -_ .... _. _ _.._.__._ ...... __ - _.____- _ _ __ ....... ... .-._ . _ ...__._ _ _.._... __ ._....._.
From: Melinda Lercel
Sent: Friday, April 19, 2013 11:40 AM
To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; Eugene Eyster; jbyorni@co.st-josephJn.us
Cc: Cheryl Greene; pmgriffin @nisource.com
Subject: Recommendation Request - Alley Vacation - St. Joseph County Library
Please provide your recommendations.
Thank you,
Melinda Lercel
From: Jitin Kain
Sent: Thursday, May 16, 2013 5:07 PM
To: Melinda Lercel
Cc: Linda Martin; Scott Ford
Subject: RE: Recommendation Request - Alley Vacation - St. Joseph County Library
Melinda,
The Alley vacation request by the St. Joseph. County Public Library states that all of the land on either side of the alley is
owned by the Library which is not true. The Redevelopment Commission owns the following parcels that abut the alley
on the East side:
P A RC E L I D: 018-3008-027802
PARC E LI D: 018 -3008 -0279
PARCELI D: 018- 3008 -0280
PARCELI D: 018-3008-0281
PARC E LI D: 018 - 3008 -0282
PARCE LID: 018 -3008- 028301
Vacating the alley is not advisable at this time as it would not allow for alley access to the Redevelopment Parcels which
would be landlocked. It is recommended that the St. Joseph County Pubtic Library engage in conversation with
Redevelopment staff about how the Commission owned parcels fit into their future plans prior to proceeding with this
vacation.
Thanks,
Jitin
Atin Kain
3h, Director, Planning
Department of Community Investment
574 235 -5835
�.... , ;..� .,; jkain @south bendin-gov
City of South Bend
227 W. Jefferson Blvd., Suite 1400 S.
South Bend, IN 46601
.. _ _.___._ _...._..__..__._..._...___.._ -. __....___... __......__.. __...... _ .... _..__._.__._... ----._....__._.._..._....... ...... _.._... __..__..._...__.__......_._ .... .
From: Melinda Lercel
Sent: Friday, April 19, 2013 11:40 AM
To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; Eugene Eyster; jbyorni @co.st joseph.in.us
Cc: Cheryl Greene; pmgriffin @nisource.com
Subject: Recommendation Request - Alley Vacation - St. Joseph County Library
Please provide your recommendations.
Thank you,
Melinda tercel
Department of Public Works
Division of Engineering
(574) 235 -9251
mierceIC&southbendin.gov
City of South Bend
227 W. Jefferson Blvd.
Suite 1316 County City Building
South Bend, IN 46601
http: / /www.south bendin.aov
INTER - OFFICE MEMORANDUM
DEPARTMENT OF PUBLIC WORKS
DIVISION OF ENGINEERING
TO: Linda Martin, Clerk Board of Works
FROM: Tony Molnar
SUBJECT: Library Alley Vacation
DATE: July 3, 2013
Please find attached a map showing the portion of the North /South alley adjacent to
the Main Branch of the St. Joseph County Public Library. The Board considered
this vacation before but Jitin Kain, Community Investment raised issues about
access to City owned property that faces on Michigan Street. In an e-mail sent to
the Library June 20, 2013 Jitin indicated that the City would agree to the vacation if
the Library agreed to vacate only a portion of the alley. The attached map shows a
vacation of 225 feet of the alley from Wayne Street to the South end of the Library
building which leaves sufficient area for access to the City owned lots. Jitin also
indicated that the City would be agreeable to allowing the Library to landscape the
vacated alley as they had proposed.
If you have any questions, please let me know.
Thanks,
Tony
F.IDATAZHAREIENG INEERIW PDATA%memoboard.wpd
On Jun 20, 2013, at 5:31 PM, Jitin Kain <jkainAsouthbendin.goy> wrote:
Nancy,
After conversations with Engineering and Legal Dept about this, I am happy to report that we have
arrived at a solution that addresses the Library's need to vacate the alley for employee safety and
the City's desire to keep alley access open to the Redevelopment owned lots. We propose that the
Library request a vacation of the northern half of the North -South alley between Wayne and
Western. This portion can be closed off to vehicular trafficjhrough the use of bollards or other
means.
One the northern half of the alley is vacated, the property will be split equally among the adjacent
property owners. We are open to transferring the City' sliver of the alley to the Library for the
purpose of the public park.
Regarding parking lot improvements, I am still having some internal conversation and will get back
with you shortly. ,,
Thanks,
Jltin
<image005.jpg> Atin Kain
Director, Planning
Department of Community Investment
(574) 235 -5835
lkain@southbendin,..ov
City of South Bend
227 W, Jefferson Blvd., Suite 1400 S.
South Bend, IN 46601
<image006.Jpg>
&A 'Fh- `a-k3
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING SECTION 14 -56 OF CHAPTER 14, ARTICLE 9, OF THE
SOUTH BEND MUNICIPAL CODE ADDRESSING TEMPORARY RESIDENTIAL ONE-
DAY CONDITIONAL USE PARKING PERMIT PROCEDURES AND FEES AND
SEASONAL CONDITIONAL USE LAWN PARKING PERMITS
STATEMENT OF PURPOSE AND INTENT
On September 24, 2007, the South Bend Common Council passed Ordinance No. 9785-
07 which created new Article 9 in Chapter 14 of the South Bend Municipal Code entitled
"Regulations Addressing Special Events in Residentially Zoned Areas ". This quality of life
ordinance was the result of many community meetings and meetings of the Council's
Community Relations Committee whose focus was on:
• "To protect the residents of our residential neighborhoods"
• "To protect all visitors who come to our residential neighborhoods"
• "To formally establish a community /campus coalition"
• "To establish a mechanism to permit limited residential lawn parking on a city -wide
basis ".
Many positive benefits and improvements have resulted from these regulations over the past
six (6) years. However, it is now believed that refinement to the limited residential lawn parking
regulations should be made with regard to such parking taking place during Notre Dame football
seasons, with all other regulations remaining in full force and effect.
9%Q, Jgux am, hie & &Yda&wd by the Common Council of the City of South Bend,
Indiana, as follows:
Section I. Chapter 14, Article 9, Section 14 -56 of the South Bend Municipal Code is amended in
part to read as follows:
Ordinance Amending Conditional Lawn Parking Regulations
Page 2
With the remaining paragraphs being re- lettered as a result of the deletion of the paragraphs
deleted above:
(d) (�)
(e) (d)
(h) (e)
0) M
fit) (g).
(k) (h)
(4) (i)
(m) (1)
(n) (k)
(0) L)
(P) (M—)
(i) (D Exemptions. No conditional use lawn parking permits are required for
parking on an approved driveway or parking space; or parking on lawns on home Notre Dame
football game days /nights; however all other public safety requirements set forth in this section
remain in full force and effect.
Section II. 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.
•
.:
;
N
HUM
. •
With the remaining paragraphs being re- lettered as a result of the deletion of the paragraphs
deleted above:
(d) (�)
(e) (d)
(h) (e)
0) M
fit) (g).
(k) (h)
(4) (i)
(m) (1)
(n) (k)
(0) L)
(P) (M—)
(i) (D Exemptions. No conditional use lawn parking permits are required for
parking on an approved driveway or parking space; or parking on lawns on home Notre Dame
football game days /nights; however all other public safety requirements set forth in this section
remain in full force and effect.
Section II. 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.
Ordinance Amending Conditional Lawn Parking Regulations
Page 3
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.
Gavin Ferlic, Council Member at Large
Office of the City Clerk
�x izted me td 6% AT ox y'Iiie '&,jP �0� &nd �nd&n.,4 on the day
of , 2013 at o'clock . m.
.m.
1 st READING f —lL —13
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
Office of the City Clerk
day of
2013 at o'clock
Pete Buttigieg
Mayor of the City of South Bend, Indiana
Filed In 0166 WO Offt s
johm WOW
OUT 8�
City of South Bend
v
x �a� Common Council
1865 441 County -City Building • 227 W.7effersonBlvd
South Bend, Indiana 46601 -1830
Derek D. Dieter
President
Oliver J. Davis
Vice - President
Karen L. White August 7, 2013
Chairperson, Committee
of the Whole South Bend Common Council
227 W. Jefferson Blvd.
Tim Scott South Bend, In 46601
First District
(574) 235 -9321
Fax (574) 235 -9173
http://www.southbendin.gov
Henry Davis, Jr.
Dear Council Colleagues,
Second District
I have been contacted by residents living in the area surrounding the University
Valerie Schey
of Notre Dame (the Wooded Estates Neighborhood in particular) asking for a
Third District
revision to our city's current lawn parking standards. This ordinance revision
would allow for lawn parking on Notre Dame home football game days
Fred Ferlic
throughout the city without a permit. The current standards related to lawn
Fourth District
parking would still apply the other 358 days of the year. In addition, all public
safety provisions related to lawn parking would remain in place every day of the
David Varner
year.
Fifth District
Oliver J. Davis A local Wooded Estates resident has started a neighborhood petition to support
Sixth District amending this ordinance, and at this time, 56 of 64 houses asked have signed
the petition (87.5 %). Please feel free to contact me for any additional information
Derek D. Dieter regarding the amendments or the petition.
At Large
Thanks you for your consideration,
Gavin Ferlic
At Large
Karen L. White
Gavin
At Large
Filed In w qe's Office
qq q
crry CLORK, o0"vo T-i AMEND, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2013 OF $246,770 FROM
CENTURY CENTER CAPITAL FUND ( #671)
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2013 operating and capital budgets in
2012 (Ordinance #10198 -1, passed October 29, 2012), which included expenditures for
various City enterprise operations. It is now necessary to appropriate additional funds of
$246,770 in the Century Center Capital Fund ( #671) to purchase critical items for food
and beverage operations and kitchen repairs at the facility as identified by SMG
Corporation The funding is provided by a capital contribution of $575,000 from SMG.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2013 and
set apart within the following designated funds for operational expenses as follows:
Fund Amount
Century Center Capital Fund ( #671) $246,770
TOTAL $246,770
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval of the Mayor.
Attest:
City Clerk
Member of the Common Coun
pp
Y✓idY��o,i3 w; ,i.C_'a£ Fe�� �i id l��K � ..
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of , 2013, at o'clock . m.
Deputy City Clerk
I st READING F-j
PUBLIC, HEARING
3 re, READING
NOT A--',--ROVED
REFERRED
PASSED
Approved and signed by me on the day of 2013, at
o'clock m.
Mayor, City of South Bend, Indiana
FF11ed On --7
LAUQ --I
CITY CLERK, $G�;. SEND, IN
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120ON COUNTY -CITY BUILDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
PHONE 574.235.9216
FAX 574.235.9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
August 7, 2013
Mr. Derek D. Dieter, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4"' Floor
South Bend, Indiana 46601
RE: 2013 Century Center Capital Fund Additional Appropriation Request
Dear President Dieter,
Enclosed please find a bill for an additional appropriation in the amount of $246,770 in
Century Center Capital Fund ( #671). This bill requests an additional appropriation for
costs associated with purchasing critical items for food and beverage operations and
kitchen repairs at the facility as identified and requested by SMG Corporation. The
funding is provided by a capital contribution of $575,000 from SMG as per the contract.
I will be available to discuss this substitute bill with the Common Council at the
appropriate committee and council meetings. It is requested that this bill be filed for 1St
reading on August 12, 2013 with 2nd reading, public hearing and 3rd reading scheduled for
August 26, 2013.
Thank you for your attention to this request. If you should have any questions, please feel
to contact me at 574- 235 -7500.
Regards,
� y
Mark W. Neal
City Controller
CC: Mayor Pete Buttigieg
Kathryn Roos, Deputy Chief of Staff
Christal Brisco, Corporation Counsel
Filed in filer e
F
Aug
3
JOHN VOCE -,t. rL..�,..r �
Gill CLEW, 90U-f 4,1 9 kly'
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ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2013 OF $6,074,038
FROM EMS CAPITAL IMPROVEMENT FUND ( #288).
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2013 operating and capital budgets in
2012 (Ordinance #10197 -12, passed October 29, 2012) which included expenditures for
various City operations. It is now necessary to appropriate additional funds of
$6,074,038 from the EMS Capital Improvement Fund ( #288) for the construction of a
Fire Department training tower, fire station and the purchase of other equipment. The
expenditures will be paid for by a combination of cash reserves in the fund and a
reimbursement from bond proceeds.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2013 and
set apart within the following designated funds for expenditures as follows:
Fund Amount
EMS Capital Improvement Fund ( #288) $6,074,038
TOTAL 6 074 038
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval of the Mayor.
Attest:
City Clerk
O,QAJ ✓3- /a., d-4, ( !�
Member of the Common Council'
��q{rrqq'
ppqqEE�� v Y -o Si M"
t+OlEit�1�� 00 *SUP
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of , 2013, at o'clock . m.
Deputy City Clerk
Approved and signed by me on the day of
1 st READING P-( -L-k,3
PUBLIC HEARING
3 rd READING
NOT APPROVED,
PASSW
, 2013, at
Mayor, City of South Bend, Indiana
Filed In C1,0
Office
AUG - 7 2013
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1i1
CITY CL. K SO4. ����9 IN
120ON COUNTY -CITY BUILDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601-1830
PHONE 574.235.9216
FAX 574.235.9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
August 7, 2013
Mr. Derek D. Dieter, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4th Floor
South Bend, Indiana 46601
RE: 2013 EMS Capital Fund Additional Appropriation Request
Dear President Dieter,
Enclosed please find a bill for an additional appropriation in the amount of $6,074,038 in
EMS Capital Fund ( 4288). This bill requests an additional appropriation for costs
associated with the Fire training tower, Fire Station No. 5 and other equipment. The
funding will be provided by a combination of cash reserves in the fund and a
reimbursement made with bond proceeds.
I will be available to discuss this substitute bill with the Common Council at the
appropriate committee and council meetings. It is requested that this bill be filed for 1 st
reading on August 12, 2013 with 2nd reading, public hearing and 3rd reading scheduled for
August 26, 2013.
Thank you for your attention to this request. If you should have any questions, please feel
to contact me at 574- 235 -7500.
Regards,
c -P
Mark W. Neal
City Controller
CC: Mayor Pete Buttigieg
Kathryn Roos, Deputy Chief of Staff
Christal Brisco, Corporation Counsel
i Filed in Clerk's mice
AUG -72013
2T I � < .i 600 X BEAD, IN
St'1 13
. , -Lo� 0), � -�
RESOLUTION NO.
A RESOLUTION OF THE
COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
MAKING A FINAL DETERMINATION AND CONFIRMING A PROPERTY
TAX EXEMPTION FOR CERTAIN ENTERPRISE INFORMATION
TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE 6- 1.1 -10 -44
(DATA REALTY NORTHERN INDIANA LLC PROJECT LOCATED AT 1400 E.
ANGELA
IN THE SIXTH COUNCIL DISTRICT)
WHEREAS. The Common Council (the "Common Council) of the City of South
Bend, Indiana (the "City "), pursuant to Resolution No. 4174 -12 adopted by the Common
Council on April 24, 2012 (the "Declaratory Resolution "), provisionally declared subject
to the completion of the proceedings set forth in Indiana Code 6- 1.1 -10 -44 (the "Act ") and
Section III of the Declaratory Resolution that (i) Data Realty Northern Indiana LLC (the
"Company ") constitutes an Eligible Business under the Act and the Declaratory Resolution; (ii)
certain personal property of the Company will constitute Qualified Property (the "Qualified
Property ") under the Act and the Declaratory Resolution; and (iii) the Qualified Property will be
exempt from property taxation for an unlimited term provided that the Company continues to
qualify for the exemption hereunder and under the Act; and
WHEREAS, pursuant to the Act and Indiana Code 5 -3 -1, public notice of the
adoption and the substance of the Declaratory Resolution was provided as well as setting forth
that a public hearing would be held on August 26, 2013, to receive and hear all remonstrances
and objections from interested persons; and
WHEREAS, a copy of the Declaratory Resolution and the public notice
referenced above was filed with the office of the St. Joseph County Assessor and with each
taxing unit in the County; and
WHEREAS, on August 26, 2013 the Common Council received and heard all
remonstrances and objections to the Declaratory Resolution from interested persons and
considered the evidence presented.
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 findings in the
Declaratory Resolution determining that the Qualified Property of the Company is and shall be
exempt from property taxation for an unlimited term provided that the Company continues to
qualify for the exemption under the Act. The Common Council hereby approves of the form of
Letter Agreement attached to the Declaratory Resolution and authorizes the Mayor and Clerk to
execute and attest, respectively, the form of Letter Agreement attached to the Declaratory
Resolution.
SECTION II. The Common Council further confirms that the final determination
and property tax exemption confirmation for certain enterprise information technology
equipment is based on Data Realty's representations that:
(a) It is engaged in a business that operates one or more facilities dedicated to
computing, networking or data storage activities;
(b) It is located in a facility or data center in Indiana;
(c) It invests in the aggregate at least $10,000.000 in real and personal property
in Indiana after June 30, 2009; and
(d) The average employee wage of the entity is at least 125% of the county
average wage for each county in which the entity conducts its business
operation.
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.
Member of the Common Council
POUT
f.
P;F
0-
227 W. JEFFERSON BOULEVARD
SUITF. 1400 S.
SOUTH BEND, IN 46601 -1830
July 26, 2013
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTWE DIRECTOR
Council Member Gavin Ferlic, Chairperson
Community & Economic Development Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Personal Property Tax Abatement Petition for:
Data Realty Northern Indiana LLC
Dear Council Member Ferlic:
PHONE: 574/235 -9371
FAX: 574/235 -9021
Data Realty Northern Indiana, LLC was approved for a personal property tax abatement with an unlimited
term through Declaratory Resolution 4174 -12 adopted by the Common Council on April 24, 2012 . The
term is unlimited so long as the Company continues to meet the requirements of the Letter Agreement and
the statute. At that time the Company agreed to provide the Common Council with an updated property
listing before receiving the Confirming Resolution.
Attached you will find the updated property listing along with a copy of the Declaratory Resolution that
was approved previously. Attached also is the Letter Agreement previously signed by Rich Carlton of
Data Realty Northern Indiana, LLC along with the proposed Confirming Resolution.
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
Analyst- Economic Resources
Attachments
c: South Bend Common Council Members
Mayor Pete Buttigieg
Scott Ford
Chris Fielding
Dave Relos
Aid irl ClOrk's Office
Ful 262013
PIANNING N EIGHBORHOOD ENGAGEMENT ECONOMIC RFSOURCES
JITIN KAIN 3 l : I` 31g14tIELA C. NIF.YER DONALD E. INKS
EXHIBIT A
Qualified Property Listing
Data Realty Northern Indiana (DRNI) will locate a Project that will result in a capital investment
in real and personal property of $14,200,000 at 1440 Ignition Drive South at Ignition Park.
DRNI will be purchasing Qualified Property pursuant to Indiana Code 6- 1.1 -10 -44 in an amount
expected to equal $6,000,000. That property will include generators and other equipment used to
ensure an uninterrupted power supply to both enterprise hardware and networking equipment
located in the Data Center. An outline of the equipment is included below.
Currently, the enterprise equipment is still being bid and so a more detailed list is not available at
this time. Data Realty Northern Indiana is in the process of conducting a thorough analysis of all
enterprise equipment being installed at the Data Center, including a cost segregation analysis,
and it will provide a revised schedule with line item detail to the Council once that analysis is
complete and prior to the Council's consideration of the Confirmatory Resolution giving final
approval for this exemption.
Filed In
UL ?b ai'
CRY
lk
BDDBOI 6546827v3
Data Realty Northern Indiana
County Property Tax Exempt Equipment
As of February 28, 2013
Asset No.
Asset Description
Date Placed in
Service
Estimated
Life
Acquired Value
1
Server Room l (MOD 1) 48Ux48" Cabinets (55)
11/1/2012
5.00
263,277.57
2
Comm Room ISP System /Connections
11/1/2012
5.00
176,126.18
3
NOC Monitoring Equipment
11/1/2012
5.00
33,975.62
4
Inspiron 660
11/1/2012
5.00
1,578.50
5
EM energy monitoring system 10 monitoring points
11/1/2012
5.00
5,922.64
6
Dell EqualLogic PS6100E Storage Array
11/1/2012
5.00
95,247.29
7
Wireless project
11/1/2012
5.00
23,599.84
8
HP - Proliant server DL360P GEN8 E5 -2609
11/1/2012
5.00
6,323.93
9
Data Center BMS /Controls, monitoring systems
11/l/2012
5.00
325,245.15
10
Server Room I (MOD]) Security System
11/1/2012
7.00
100,766.47
11
Cable tray
11/1/2012
5.00
35,259.67
12
Raised access flooring - Room I (MODI)
11/1/2012
5.00
212,127.62
13
VESDA/ Clean Agent/ Fire Protection System
11/1/2012
5.00
351,712.49
14
Smardt Chillers (2)
11/1/2012
5.00
648,265.70
15
Evapco Condensers (2)
11/1/2012
5.00
553,001.46
16
Liebert CRAH (8)
11/1/2012
5.00
1,553,886.52
17
Eaton Transformer (2)
11/1/2012
5.00
161,996.51
18
Caterpillar Generators (2)
11/1/2012
7.00
1,206,715.32
19
Medium Voltage Switchgear
11/1/2012
5.00
241,343.14
20
Eaton Low Voltage Switchgear(2)
11/1/2012
5.00
919,239.02
21
Eaton Transformer & Distribution Panel (4)
11/1/2012
5.00
276,120.95
22
Mitsubishi 500 KVA Uninterruptible Power Supply (2)
11/1/2012
5.00
592,512.58
23
Automatic Transfer Switches (3)
11/1/2012
5.00
55,827.93
24
Winsted control room console - NOC (3)
11/1/2012
7.00
21,267.25
25
Tripp Lite Metered PDU
1/16/2013
5.00
937.27
26
Tripp Lite 3 Phase Monitored PDU
1/17/2013
5.00
638.79
27
Tripp Lite Metered PDU
1/22/2013
5.00
361.29
28
Tripp Lite Metered PDU
1/22/2013
5.00
491.90
29
Circuit Breaker Units
1/25/2013
5.00
14,522.68
30
Circuit Breaker Units
1/30/2013
5.60
3,049.39
31
Commissioning
1/31/2013
5.00
1,282.51
32
Windows Server and SQL Server
2/1/2013
5.00
2,085.32
33
Cords
2/12/2013
5.00
919.87
34
APC Switched Rack PDU & Tripp Lite 3 -Phase Monitored
2/26/2013
5.00
8,064.59
35
48Ux48 Rack
2/26/2013
5.00
35,345.00
36
Tripp Lite PDU & Tripp Lite Heavy -Duty Power Supply
2/28/2013
5.00
728.40
Grand Total 7,929,766.35
Filed in Ierk,& - Office
!1 _ r l
i&Q.JI` i3 say d:�
CITY CL a 1> SOYl r< ME), IN
1200 Counn -C7Y BunD1NG
227 W. JEFFERSON BOULEVARD
SouTx BEND, INDIANA 46601 -1830
I'HorE 574/ 235 -9371
FAx 5741/235 -9021
CITY OF Soum BEND PETE Bb=WEG, MAYOR
COMMUNITY & ECONOMIC DEVELOPMENT
April 16, 2012
Derek Dieter, President
South Bend Common Council
435 County -City Building
South Bend, Indiana 46601
REMECLARATORY RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AUTHORIZING A.PROPERTY TAX EXEMPTION FOR QUALIFIED
ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE
6- 1.1 -10 -44 (DATA REALTY NORTHERN INDIANA, LLC PROJECT LOCATED AT 1440
IGNITION DRIVE SOUTH IN THE SIXTH COUNCIL DISTRICT)
Dear President Dieter:
Attached for filing please find the above - referenced Declaratory Resolution to be considered by the
Common Council at its April 23, 2012 meeting. Approval of this Resolution would be the first step in
providing property tax exemption for qualifying enterprise information technology equipment to Data
Realty Northern Indiana, LLC. Attached as an Exhibit to the Resolution is a Letter Agreement wherein
Data Realty states their project meets the requirements of State law in order to receive this exemption.
Specifically, the project investment will be about $14.2 million, exceeding the required $10.0 million. $6.0
million of the investment is expected to be in equipment qualifying for the exemption. Additionally, the
jobs to be created will have an average wage of $28.36/hour, exceeding the requirement that they be greater
than 125% of the county average. The county average is about $18.50 /hour and 125% would be
$23.13/hour. The Resolution and Letter Agreement are both in the form prescribed by Resolution 4089 -11
approved by the South Bend Common Council March 14, 2011. Don Inks will be presenting the
Resolution.
Your favorable consideration is requested. Please do not hesitate to contact me if You ne
information.
i Filed in �le'� !'
Sin erely,
t
D nald E. nks
irector, Economic Development
ComwA TY DEVELOPMENT
PAN.EL".. C. MEYER
5747235 -9660
Fa: 5741235-9469
vUL �J J I?
CITY CU _;tom . So)' s; i : "sty
EGONoxim DFvE[ OPMENT
DONALD r.JNK;
5751235 -9371
'RESOLUTION NO.
DECLARATORY RESOLUTION OF THE
COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AUTHORIZING A PROPERTY TAX EXEMPTION FOR
CERTAIN ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT
PURSUANT TO INDIANA CODE 6- 1.1 -10 -44
(DATA REALTY NORTHERN INDIANA, LLC PROJECT LOCATED AT
1440 IGNITION DRIVE SOUTH IN THE SIXTH COUNCIL DISTRICT)
WHEREAS, Indiana Code 6- 1.1 -10 -44 (the "Act ") authorizes the Common
Council (the "Common Council ") of the City of South Bend, Indiana (the "City ") to make a
determination that certain qualified personal property owned by a eligible business is exempt from
property taxation to the extent such property is located in the City; and
WHEREAS, Data Realty Northern Indiana, LLC (the "Company "), has announced
its plans to locate a computing, networking, and data storage facility (the "Project ") at 1440
Ignition Drive South in the City (the "Site ");
WHEREAS, the jobs to be created by the Project will have an average employee
wage of $28.36 per hour and the Project will result in a capital investment of $14.2 million in real
and personal property improvements; and
WHEREAS, the Company has presented to this Common Council a Letter
Agreement, a form of which is attached hereto as Exhibit A and the terms of which are
incorporated herein (the "Agreement "), in which Agreement the Company describes the Project,
and pursuant to which the Company requests that this Common Council determine that (i) the
Company is an "Eligible Business" as defined herein and in the Act; and (ii) certain of the personal
property to be owned by the Company and located at the Site listed at Exhibit A to the Agreement
and including any equipment which may replace such equipment (the "Computer Equipment ") is
"Qualified Property" as defined herein and in the Act and therefore qualifies for the property tax
exemption provided by the Act; and
WHEREAS, as used herein and as defined in the Act, "Qualified Property" means
certain enterprise information technology equipment acquired after June 30, 2009, which would
include any of the personal property listed below, but would not include computer hardware
designed for a single user, workstation, or departmental level use:
(a) Hardware supporting computing, networking, or data storage function,
including servers and routers;
(b) Networking systems having an industry designation as equipment within
the "enterprise" or "data center" class of networking systems that support
the computing, networking, or data storage functions; or
BDDB01 65465180
(c) Generators and other equipment used to ensure an uninterrupted power
supply to the equipment described in subparagraph (a) or (b) above; and
WHEREAS, "Eligible Business" as used herein and defined in the Act means an
entity that meets each of the following requirements:
(a) The entity is engaged in a business that operates one or more facilities
dedicated to computing, networking or data storage activities;
(b) The entity is located in a facility or data center in Indiana;
(c) The entity invests in the aggregate at least $10,000,000 in real and personal
property in Indiana after June 30, 2009; and
(d) The average employee wage of the entity is at least 125% of the county
average wage for each county in which the entity conducts its business
operations; and
WHEREAS, the Company has certified in the Agreement that (i) it qualifies as an
Eligible Business and (ii) the ComputerBquipment constitutes Qualified Property; and
WHEREAS, the Project and the real and personal property improvements to be
made by the Company at the Site by the Company will benefit the welfare of all citizens and
taxpayers of the City;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby makes the following findings based
upon the information provided by the Company in the Agreement:
A. The Company constitutes an Eligible Business; and
B. The Computer Equipment constitutes Qualified Property.
SECTION II. Subject to the completion of the procedures required by the Act and
described below, the Common Council provisionally declares the Computer Equipment to be
exempt from property taxation, which exemption will continue for an unlimited period of time,
provided that the Company continues to qualify as an Eligible Business and the Computer
Equipment continues to qualify as "Qualified Property" under the Act.
SECTION III. The Common Council hereby authorizes a notice of the adoption
and the substance of this Declaratory Resolution to be published in accordance with Subsection (g)
of the Act and the Clerk is hereby authorized to cause to be filed a copy of the notice and this
resolution with each taxing unit located in the County. Additionally, a copy of this Declaratory
Resolution shall be filed with the St. Joseph County Assessor's office. The notice shall specify a
date when the Common Council will receive and hear all remonstrances and objections from
interested persons. Following such hearing, the Common Council will consider the adoption of a
BDDB01 65465180 - 2 -
confirming resolution to modify, confirm or rescind this Declaratory Resolution and authorize the
execution of the Agreement by the Mayor and the Clerk, for an on behalf of the City, granting the
property tax exemption authorized under the Act for the Qualified Property.
SECTION IV. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
Member of the Common Council
Filed in Cier " Office
Fj U L 2 6 7ZO 131
C
BDDBUI 654651.80 -3 -
EXHIBIT A
LETTER AGREEMENT
(see attached)
BDDBOJ 6546518v3
Filed Or,
JUL 2
CrrY C Zt
- J
LETTER AGREEMENT REGARDING
ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT
TAX EXEMPTION
April 16, 2012
The Common Council
City of South Bend, Indiana
227 West Jefferson Blvd. - Suite 400 S
South Bend, Indiana 46601
Dear Honorable Council Members:
Data Realty Northern Indiana, LLC (the "Company ") requests that the Common Council (the
"Common Council ") of the City of South Bend, Indiana (the "City "), take such action as is
necessary and required pursuant to Indiana Code § 6- 1.1 -10 -44 (the "Act ") in order to determine
that certain enterprise information technology equipment of the Company is exempt from
property taxation pursuant to the Act.
The Company proposes to locate a project at 1440 Ignition Drive South (the "Site ") which is
located within the boundaries of the City (the "Project ") which Project will result in a capital
investment in real and personal property at the Site of $14.2 million. $6.0 million of the personal
property improvements will be attributable to the installation at the Site of enterprise information
technology equipment which will include but be not limited to the equipment listed at Exhibit A
attached hereto and incorporated herein and also any enterprise information technology
equipment which may in the future replace the equipment listed at Ex. Additionally, the
jobs created by the Project will result in an average employee wage of $28.36 per hour, which
exceeds 125% of the county average wage for St. Joseph County, Indiana.
On behalf of the Company, the undersigned hereby certifies that Company constitutes an
"Eligible Business" as such term is defined in the Act because the Company meets each of the
following requirements:
(a) The Company is engaged in a business that, upon completion of the Project, will operate
one or more facilities dedicated to computing, networking, or data storage activities;
(b) The Company is located in a facility or data center in Indiana;
(c) The Company will have invested upon completion of the Project in the aggregate at least
$10,000,000 in real and personal property which investment will have occurred after
June 30,2009; and
(d) The average employee wage of the Company at the Site is at least 125% of the county
average wage for St. Joseph County, Indiana.
BDDBOI 65468270
The undersigned, for and on behalf of the Company, further hereby certifies that the enterprise
information technology equipment listed at Exhibit A attached hereto and incorporated herein is
Qualified Property because it has been or will be purchased after June 30, 2009, and it
constitutes:
(1) Hardware supporting computing, networking, or data storage function, including servers
and routers;
(2) Networking systems having industry designation as equipment within the "enterprise" or
"data center" class of networking systems that support the computing, networking, or data
storage functions; or
(3) Generators and other equipment used to insure an uninterrupted power supply to
equipment described subparagraph (1) or (2) above.
The undersigned further certifies for and on behalf of the Company that none of the Qualified
Property constitutes computer hardware designed for single user, workstation or departmental
level use.
The Company requests that all enterprise information technology equipment which would
constitute Qualified Property as defined herein and in the Act be deemed exempt from property
taxation as provided by the Act.
The Company acknowledges and agrees that, to the extent that it no longer qualifies as an
Eligible Business as defined herein and under the Act or to the extent that the enterprise
information technology equipment for which the Company desires the tax exemption no longer
qualifies as "Qualified Property" as defined herein or in the Act, said enterprise information
technology equipment will no longer be subject to the tax exemption.
DA�-lt (Z a
ompany")
By:
Printed Name: /01( AIW t�c 6 %�4-
Its: Pre f / le n I
-2-
BDDBOI 65468270
CITY ACKNOWLEDGEMENT:
The undersigned, acting for and on behalf of the City, enters into and acknowledges the terms of
the foregoing Letter Agreement. The Common Council, having adopted a declaratory resolution
(Resolution No. , adopted on , 20_), provided notice as required by the
Act, and adopted a confirming resolution (Resolution No. , adopted on
20___) determining to grant the tax exemption provided by the Act, has completed the actions
necessary under the Act by the City to grant a property tax exemption for the Qualified Property
of the Company for an unlimited term so long as the Company meets the requirements of this
Agreement and the Act.
,20_
ATTEST:
City Clerk
BDDB01 65468270
CITY OF SOUTH BEND, INDIANA
Mayor
Filed a ::
LCLE �
JON voosjpE
-3- [� 't OEND, iN