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HomeMy WebLinkAbout09-09-13 Council Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, SEPTEMBER 9, 2013 7:00 P.M. 1. INVOCATION - REV. JANICE HALL 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 13 -58 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FORMALLY REQUESTING ASSISTANCE TO USE THE U.S. VICE - PRESIDENTIAL SEAL ON A NEW GRAVESITE MONUMENT TO PROPERLY HONOR AND COMMEMORATE THE DEDICATED PUBLIC SERVICE TO OUR COUNTRY AND TO CIVIL RIGHTS BY SCHUYLER COLFAX, 17TH VICE - PRESIDENT OF THE UNITED STATES ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF DEPUTY KATHRYN ROOS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 36 -13 PUBLIC HEARING 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 & 88 WOODED ESTATES 37 -13 PUBLIC HEARING 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 PUBLIC HEARING 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 PUBLIC HEARING 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 ON THE SOUTH 43 -13 PUBLIC HEARING ON A BILL TO CORRECT THE LEGAL DESCRIPTION IN ORDINANCE 8551 -94 WHICH VACATED THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF EAST ST. VINCENT STREET RUNNING WEST FROM THE WEST RIGHT -OF -WAY LINE OF GEORGIANA STREET FOR A DISTANCE OF APPROXIMATELY 248 FEET TO THE EAST RIGHT -OF -WAY LINE OF EDDY STREET 40 -13 PUBLIC HEARING 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 8. BILLS, THIRD READING TIME: RTT,T, NTO 36 -13 THIRD 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 & 88 WOODED ESTATES 37 -13 THIRD 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 THIRD 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 THIRD 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 ON THE SOUTH 43 -13 THIRD READING ON A BILL TO CORRECT THE LEGAL DESCRIPTION IN ORDINANCE 8551 -94 WHICH VACATED THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF EAST ST. VINCENT STREET RUNNING WEST FROM THE WEST RIGHT -OF -WAY LINE OF GEORGIANA STREET FOR A DISTANCE OF APPROXIMATELY 248 FEET TO THE EAST RIGHT -OF -WAY LINE OF EDDY STREET 40 -13 THIRD 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 9. RESOLUTIONS vommori7 13 -56 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 818 THOMAS STREET 13 -57 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 1731 S. FRANKLIN STREET 13 -54 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, MAKIN A FINAL DETERMINATION AND CONFIRMING A PROPERTY TAX EXCEPTION OF 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 IN THE SIXTH COUNCIL DISTRICT 13 -59 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 120 W. LASALLE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN -YEAR REAL PROPERTY TAX ABATEMENT FOR HOFFMAN HOTEL APARTMENTS HOUSING PARTNERS, L.P. 13 -60 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOW AS 4004 TECHNOLOGY DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR THE LEBERMUTH COMPANY, INC. 13 -61 A RESOLUTION WAIVING THE REQUIRED FILING DATE OF MAY 15, 2013 AND ACCEPTANCE OF THE DEDUCTION APPLICATION OF THE LATE FILING OF DEDUCTION APPLICATION FOR THE NEW REAL PROPERTY ADDITION LOCATED IN AN ECONOMIC REVITALIZATION AREA FILED UNDER RESOLUTION 4077 -11 FOR MCCORMICK AND COMPANY, INC. LOCATED AT 3425 W. LATHROP DRIVE 13 -62 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING TEXT AMENDMENTS TO THE SOUTH BEND CENTRAL DEVELOPMENT AREA PLAN 10. BILLS, FIRST READING BILL NO. 47 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION'S 2014 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2014 48 -13 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1906 FRANKLIN ST. SOUTH BEND, IN 46614, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA 49 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROHIBIT PLASTIC BAGS FOR YARD WASTE 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. ypt TH,y„ Vi O: RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FORMALLY REQUESTING ASSISTANCE TO USE THE U.S. VICE - PRESIDENTIAL SEAL ON A NEW GRAVESITE MONUMENT TO PROPERLY HONOR AND COMMEMORATE THE DEDICATED PUBLIC SERVICE TO OUR COUNTRY AND TO CIVIL RIGHTS BY SCHUYLER COLFAX, 17T" VICE- PRESIDENT OF THE UNITED STATES a the South Bend Common Council recognizes that on January 14, 2013, the City Council unanimously adopted Resolution No. 4226 -13 honoring the first Speaker of the House to ever be elected Vice - President of the United States, Schuyler Colfax, and declared his birth date March 23`d as Schuyler Colfax Day as an annual event to be celebrated by "...fostering greater attention and reflection upon some of the many Constitutional reforms which Schuyler Colfax dedicated his life to for so many years" in South Bend, Indiana; and 6a the Common Council further recognizes that on Saturday, March 23, 2013, at the first Schuyler Colfax Day Celebration which commemorated the countless contributions made by Schuyler Colfax in championing the passage of the 13', 14" and 15" Amendments; the deteriorating condition of Schuyler Colfax's final resting place in the City of South Bend's oldest cemetery, City Cemetery, was witnessed first -hand and it became known that there are no funds for its perpetual care; and QIA on June 24, 2013, the South Bend City Council unanimously adopted Resolution No. 4263 -13 which called for among other things, the establishment of an Action Plan for South Bend's Historic City Cemetery and called for the restoration, enhancement and preservation of Vice - President Colfax's final resting place so that visible and sustainable improvements would be made by the 2nd Schuyler Colfax Day to be in 2014; and G it is our understanding that pursuant to Presidential Executive Order 11649 and Title 18 of the United States Code § 713, permission to use the official seal of the Vice - President of the United States on a Vice - President's gravesite monument must be granted by the federal government; and 60" on July 16, 2013, Carol S. Nichols, an officer and member of the Schuyler Colfax Chapter of the Daughters of the American Revolution of South Bend, Indiana, sent a letter to President Barack Obama, Vice - President Joseph Biden and White House General Counsel Kathryn Ruemmler officially requesting permission to have the Vice - President of the United States official seal placed on a new gravesite headstone which would more properly honor and commemorate the public service to our nation by the 170' Vice President of the United States Schuyler Colfax; and 9f the South Bend Common Council notes that the federal government granted a similar request which resulted in a granite headstone with the Vice - Presidential Seal engraved thereon which was publicly dedicated on July 17, 2002, to honor U.S. Vice - President Charles Curtis, with his final resting place being located in Topeka Cemetery in Topeka, Kansas, which is depicted below: 9 aQ Xie,� Elvltmo.&4 ,y dFe C�9lltn101G c�xutatLyfdfe �y1(�ii�di�'e»d, .Q�, as follows: Section I. The South Bend Common Council respectfully requests permission and assistance from the United States Government to properly and publicly honor and commemorate the enduring legacy of public service to our nation by Schuyler Colfax, 17'" Vice - President of the United States, by assisting the City of South Bend, Indiana, in erecting a new gravesite monument at his final resting place in City Cemetery which would proudly depict the Vice- Presidential Seal. Section II. The Common Council hereby respectfully requests any and all assistance from the federal public officials elected to represent our City residents and requests the Office of the City Clerk to send this Resolution, upon its adoption by the South Bend Common Council and approval by Mayor Pete Buttigieg, to: President Barack Obama The White House 1600 Pennsylvania Avenue; NW Washington, D.C. 20500 Vice - President Joseph Biden The White House 1600 Pennsylvania Avenue, NS Washington, D.C. 20500 General White House Counsel Kathryn Ruemmler U.S. Senator Dan Coats The White House 493 Russell Senate Office Building 1600 Pennsylvania Avenue, NW Washington, D.C. 20500 Washington, D.C. 20.500 U.S. Senator Joe Donnelly U.S. Representative Jackie Walorski SR -1333 Russell Senate Office Building 419 Cannon House Office Building Washington, D.C. 20510 Washington, D.C. 20515 and further respectfully requests that updates be sent to Council Vice - President Oliver J. Davis who chairs the City Council's Community Relations Committee which is overseeing the project at odavis(a,southbendin.gov Section I1I. This Resolution shall be in full for and ct from an aft its adoption by the Common Council and approval by the Mayor. Tim Scott, 0 District iv' J715 av is, 6'h rict; Council Vice - President Henry Davis, Jr., 2"° District Derek D. Dieter, At Large; Council President Valerie Schey, Yd District Dr. Fred Ferlic, 4 "' District Dr. David A. Varner, 5 "' District Wn John Voorde, City Clerk Gavin Ferlic, At Large Karen L. White, At Large; Chair, Committee of Whole Kathleen Cekanski - Farrand, Council Attorney Qoa Pete Buttigieg, Mayor of South Bend,'Indiana SpU TH B� City of South Bend. ��e x Common Council 1855 441 County -City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President Oliver J. Davis Vice - President Karen L. White Chairperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large Karen L. White At Large September 3, 2013 The South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 (574) 235 -9321 Fax (574) 235 -9173 http://www.se,uthbendin.gov Re: Resolution Requesting Assistance of the Federal Government to Properly Honor the 17th Vice - President of the United States Schuyler Colfax Dear Council Members: I seek your unanimous support of the attached proposed Resolution. In Resolution No. 4263 -13 which the Council adopted on June 24, 2013, it was noted that a cemetery restoration project took place in Topeka, Kansas "to renovate and re- dedicate the gravesites of Charles Curtis, who served as a U.S. Vice - President from 1929 -1933, and his wife„ Anna Baird Curtis, who are buried in Topeka Cemetery..." That project addressed gravesites which "looked terrible and embarrassing" by upgrading the gravesites to "include engraving the Vice - Presidential Seal onto into the granite headstone" to properly honor the public service of this Vice - President. The proposed Resolution depicts the front of the new granite headstone which was publicly dedicated on July 17, 2002. The photo below depicts the other side of the new headstone, as well as some of the other very meaningful improvements which were part of Topeka Cemetery's restoration project: I am attaching a copy of the July 16, 2013 letter which Carol S. Nichols, an officer and member of the Schuyler Colfax Chapter of the Daughters of American Revolution which she sent to federal officials seeking assistance for the needed upgrades to properly honor Schuyler Colfax and his final resting place in our historic City Cemetery. As of this date there has not been a response. As momentum continues to build to our project, and more volunteers are signing up to be a part of the City Cemetery Restoration Project, we are hopeful that with the adoption of the attached Resolution and having it sent to our elected federal public officials, including President Obama, Vice - President Biden, White House General Counsel Kathryn Ruemmler; as well as to Senator Coates, Senator Donnelly and Represenative Walorski - that we may be able to put this project into high gear. I request that this Resolution be sent to the Community Relations Committee which is overseeing the City Cemetery Restoration Project so that the Committee may hold a public hearing on it next Monday before the 7 p.m. City Council meeting. I seek your continuing support by adopting this 3rd Resolution which is related to the City Cemetery Restoration Project by voting unanimously next Monday. Thank vou.--------, ;il' Viceent Committee Attachment cc: Mayor Pete Buttigieg Phil St. Clair, Park Superintendent Volunteers Working on the City Cemetery Restoration Project 2013 -2017 b' �3 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 properly. 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. n � n Member of the Common Council Attest: Council add on this 9 1 .,.,:_ :. City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. City Clerk Approved and signed by me on the day of , 2 , at o'clock . M. IsT gADIRd S,Jt2 —O PUBLIC; hiFA4 ?LNG 3 rd READ NOT APPi;.O LD RIFE-RRED PASSW Mayor, City of South Bend, Indiana Filed In CI0, .9 fICi z,���` RK 14 0.ONO, IN PETITION T!) VArATC p11RI_ Ir RICHTS -0F -W AY (STREETS /ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA nA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: A portion of Hartman Drive from Oak Ridge Drive East to the East property lines 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) yirililarn F. Baker -e4" E - Charles E. Kelly RETURN TO: ADDRESS LOT # 1246 Oak Ridge Drive (88 -90) South Berri, IN 46617 1308 Oak Ridge Drive South Bend, IN 46617 NAME: OFFICE OF THE CITY CLERK ADDRESS: JOHN VOORDE, CITY CLERK ROOM 455 - COUNTY -CITY BUILDING SOUTH BEND, IN 46601 574 - 235 -9221 PHONE: 87 CONTACT PERSON (s) William F. Baker (for Baker Trust — formerly Robert O. & Susan P. Baker- Revoc.auie T rust) 1246 Oak Ridge Drive South Bend, IN 46617 EFIlln Clerw mice . 928- 380 -5813 UL 1 ?Q133 MI , ta'hRIEt. IN =&0 we -5508 '--""- - 5508.0 -5507 -5506 S--514 -5505 -5504 LEGAL DESCRIPTION: a� o 0) Cf O -5482 -5483 -5484 18 -5147 165//% -5575 8-516j) -6345 --6343 -6344 Henan Dr. -5487 -6351 -6352 _6353 r113 5163 7857 - 7856 -5488 18 5208 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. Fc1 ! �' office JUL � i 49 mto _ 3k OK I 4Y I R J y-- J n J J A •cels County Parcels Rec PARCELID NAME-1 MAILINGAD MAILINGCIT MAIL INGS MAILIN PROP—ADD' PROP—CITY P S IPROP_Z D TA GZIP R 11820 ATE IP V HORNING CHRISTINE 1820 Hartma HART 1 018 - 5163 -6352 E n Dr South Bend IN 46617 MAN South Bend IN 46617 V� 1826 Hartma 1826 HART 2 018- 5163 -6353 HARVEY CAMERON n Dr South Bend IN 46617 MAN South Bend IN 46617 TAGESON CARROLL F 1823 Peacht 1823 PEAC 3 018 - 5208 -7857 AND CAROL A ree Ln South Bend IN 46617 HTREE South Bend IN 46617 1829 PEAC 1829 PEAC 4 018 - 5208 -7856. YUGO DAVID HTREE LN South Bend IN 46617 HTREE South Bend IN 46617 r s 1835 Peach 1835 PEAC 5 018 - 5208 -7855 BEHR SHEILA A Tree Ln South Bend IN 46617 HTREE South Bend IN 46617 HASLETT MARCIA A & DAVID J HASLETTQC 1313 Oakrid 1313 OAKRI 6 018 - 5147 - 550801 #589 3 -26 -07 ge Dr South Bend IN 46617 DGE South Bend IN 46617 R & MUSCH SUZANNE L AS JOINT TENANTS 1814 Hartma 1814 HART 7 018 - 5163 -6351 W /FROS n Dr South Bend IN 46617 MAN South Bend IN 46617 HAMMOND GREGORY 1245 Oak Ri 1245 OAKRI 8 018 - 5147 -5504 S dge Dr South Bend IN 46617 DGE South Bend IN 46617 VBAKER ROBERT OWE N & SUSAN PLUTKO R EV TRUST W /LIFE ES 1246 Oak Ri 1246 OAKRI 9 018 - 5147 -5487 TATE dge Dr South Bend IN 46617 DGE South Bend IN 46617 j V 1234 Oakrid 1234 OAKRI 10 018 - 5147 -5488 RICE DOUGLAS P ge Dr South Bend IN 46617 DGE South Bend IN 46617 4 BEATTY EDWARD N & 1251 Oak Ri 1251 OAKRI 11018-5147-5505 MICHELLE H dge Drive South Bend IN 46617 DGE South Bend IN 46617 'N/ HASLETT MARCIA A & DAVID J JT W /FRGS MARCIA A HASLETT R ETAINS A LIFE ESTAT 1313 Oakrid 1313 OAKRI 12 018-5147-5507 E ge Dr South Bend IN 46617 DGE South Bend IN 46617 DIGAETANO PAUL & Y 212 Walnut 1303 OAKRI 13 018 - 5147 -5506 VONNE St Nutley NJ 7110 DGE South Bend IN 46617 V LORI A % TEACHERS CREDIT UNION MORT 1308 Oakrid 1308 OAKRI 14 018 - 5147 -5484 GAGE DEPT, ge Dr South Bend IN 46617 DGE South Bend IN 46617 J J .0 inese recoras erk'8 Office �k ,*0s,& LORI A % TEACHERS CREDIT UNION MORT 1308 OAKRI 1308 OAKRI 15 018 - 5147 -5483 GAGE DEPT DGE South Bend IN 46617 DGE South Bend IN 46617 JDUFFY MATTHEW M & 1815 Hartma 1815 HART 161018-5163-6343 ANNE T n Dr South Bend IN 46617 MAN South Bend IN 46617 1821 Hartma 1821 HART 17 018-5163-6344 ROBINSON ROBINSON PAUL A 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 rk Dr South Bend IN 46617 ARK South Bend IN 1 46617 .0 inese recoras erk'8 Office �k ,*0s,& 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 Clerk's office JUL 3 1 Zm Johm V00,A0E. a 1316 COUNTY -CITY BUILDING 227 W JEFM- RsoN BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CITY OP SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS June 25, 2013 PxoNE 574/235 -9251 &3i 5741235 -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 picking 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. CILoT DAVID P RELOS KATHRYN E. Roos MIC14AEL C. MECHAM MARK W. NF-AL 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 Lercel Department of Public Works Division of Engineering (574) 235 -9251 mtercel Cad southbend in.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; Atin 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; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.st josephJn.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 lerceWsouth bendin.eov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 httn: //www.southbendin.aov Melinda Lercel 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 frodrieug)southbendin.eov South Bend Fire Department 1222 S. Michigan St. 46601 fif- N° 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 miercel@southbendin.gov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 bttp://www.southbendin.gov INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS FAX OR E -MAIL TO: 235 -9171 /_lmartint9southbendin noy RECOMMENDATIONS AND COMMENTS: BY /' fG /ilx�'./ ,/ ` "lam 6, �I�1 Date 73 DATE SENT: 5/29/2013 TO: Andre Price, Solid Waste Jitin Kain, Community Investment Michael Mecham, Engineering Department Federico Rodriguez, Fire Department John Byorni, Area Plan Commission (ibvomidco -st- ioseah.in.us or 235 -9813 fax) Gene Eyster, Police Department Cheryl Greene, City Attorney's Office FROM, Phil Griffin, NIPSCO (Pmarifflin6nisource.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 160' DATE DUE: ASAP FAX OR E -MAIL TO: 235 -9171 /_lmartint9southbendin noy RECOMMENDATIONS AND COMMENTS: BY /' fG /ilx�'./ ,/ ` "lam 6, �I�1 Date 73 JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR PLAN. COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235.9571 June 4, 2013 City of South Bend Board of Public Works 13th 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 1have any questions or need any additional information. Sincerely, %�k Christa Nayder Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA, & ROSELAND WW W. STJOSEPHCOUNTYINO IANA. COM Melinda Lercel litin Kain Fmm: Elizabeth Maradik Semt: Monday, June 10, 2013 9:13 AM To' Melinda Lercel Cc: Jitin Kain Subject: RW: 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 recormnendation. Please let me know if you have any questions. Thanks, Liz Froth: Jitin Kain f Sent: Wednesday, June 05, 2013 11:06 AM To: Elizabeth Maradik Subject: F1W: Street Vacation - William Baker Liz, Would you pis review this quickly. Jitin A& litin Kain Director, Planning �. Department of Community Investment Tim: M++Ir (574) 235 -5835 ikain@southbendin.gov j - City of South Bend 227 W. Jefferson Blvd., Suite 1400 S. South Bend, IN 46601 LIZ VISIT • From: Melinda Lercel Sent: Wednesday, May 29, 2013 11:01 AM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @c0.styoseph.1n.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: 5/29/2013 TO: Andre Price, Solid Waste J Jitin Kain, Community Investment V Michael Mecham, Engineering Department J ederico Rodriguez, Fire Department John Byorni, Area Plan Commission (ibyorni (cDco.st- ioseph.in.us or 235 -9813 fax) ✓Gene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO {pmpriffin0nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — STREET VACATION APPLICANT: LOCATION: DATE DUE: FAX OR E -MAIL TO: William Baker Portion of HartmarA Drive from Oakwood Drive East for 160' ASAP 235 -9171 1 Imartin(a)-southlbendin.nov RECOMMENDATIONS AND COMMENTS: By Date ORDINANCE NO. AN ORDINANCE 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 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 Q L Member of the Common Co cil 510 9@." 's to 13 c alb ' norleb an OPPri.. `i a $'S9b`arir6 and Council acuoll on tls issue, Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. Approved and signed by me on the o'clock . M. 1 st READN11 0 Z L 3 PUBLIC HEARNt IC 3 rd READING NOT APPROVED REFERRED PASSED City Clerk day of , 2 , at Mayor, City of South Bend, Indiana Filed f6i Office V pQs�i PETITION TO VACATE PUBLIC ALLEYS AND STREET RIGHTS -OF -WAY TO: THE COMMON COUNCIL DATE: August 2, 2013 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: The first East /West Alley South of Cedar running West from Eddy Street for a distance of approximately 200 feet to its' termination point. All situated in the Plat of "Hull's Subdivision of Block 11 of Cottrell's First Addition to the Town of Lowell, Now the City of South Bend ", Recorded in Plat Book 10, Page 105, in the office of the recorder of St. Joseph County, Indiana. NAME (signed & printed) & ADDRESS Tax Key Number 424 Francis LLC C/o ne X61V%&n&$ 018- 5018 -0613 018- 5018 -0612 2433 Oak Valley Drive Gr -i 018 - 5018 -0609 018 - 5018 -0606 Suite 500A Ann Arbor, MI 48103 A 1-&WE 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 Fife rin .e.g Office AU - 7 ?013 97ar K.,r a 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. 6 Q" . IM IN W 0 1 T 33,L33 VACATION DIAGRAM Flied In S.- ,gay/ 0 MADISON --- = ST n -- MADISON �� 9v 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. Sob 1-=100' V nch, Harrier dt As:,iac te6, lnce D Land Surveyors Professional Engineers Landscape Architects - Land Planners Office: (574)234 -4003 / (800)594 -4003 - Fax: (574)234 -4119 1643 Commerce Drive South Bend. IN 46628 of -09 99 / Flied In S.- ,gay/ 0 MADISON --- = ST n -- MADISON �� 9v 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. Sob 1-=100' V nch, Harrier dt As:,iac te6, lnce D Land Surveyors Professional Engineers Landscape Architects - Land Planners Office: (574)234 -4003 / (800)594 -4003 - Fax: (574)234 -4119 1643 Commerce Drive South Bend. IN 46628 Vf14 Danch, Flarner & A ssocia tes, Inc. MICHAEL J. RANCH, L.A. RON HARNER, F.S. Honorable Members of the City of South Bend Common Council 4 t 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 ■ 8001594 -4003 ■ Fax 574/234 -4119 C%' Y Cher k'EL 1. 3)i,��33 ` 5 r��E �i a Rm s n'z �,rg„���„�n �x h 208 West Mars . Berrien Springs, M149103 Office 269/471 -3010 ■ Fax 269/471 -7237 1316 COUNTY -CITY BUILDING 227 w JEMRSON 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 Tonv Molnar at (574) 235 -9254 prior to picking 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 TaJbooln, City Clerk's Office Michael Mecham, Engineering GARY A. GILOT DAVID P. RELos KATHRYN E. loos MICHAEL C. MECHAM MARK W. DEAL ,a Lercel erom: Melinda Lerce! Sent: Wednesday, May 01, 2013 2:07 PM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.st josephJn.us; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource.corn Subject: Alley 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.eov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 http://www.southbendin.gov ..,#a 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�OC:iy r ,-y From: Melinda Lercel Sent: Wednesday, May 01, 2013 2:07 PM To: Andre Price; Xtin Kain; Michael Mecham; Federico Rodriguez; jbyorni @cost 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 m lercel Cad southbendin. ¢ov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 htto:Hwww.southbendin,.gov Melinda Lercel From: Eugene Eyster Sent: Thursday, May 02, 2013 7:57 AM To: Melinda Lercel, Andre Price; Atin Kain; Michael Mecham; Federico Rodriguez, jbyorni@co.st-joseph.in.us Cc: Cheryl Greene; pmgriffin@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 - ....... . .. . ........ -- -- . .. ....... 1— . ......... . ...... . ........ ...... --- .......... . . ..... ...... . ...... — ------ From: Melinda Lercel Sent: Wednesday, May 01, 2013 2:07 PM To: Andre Price; Ytin Kain; Michael Mecham; Federico Rodriguez; J1byorni@co.st-iosephJn.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 mlercelOsouthbenclin.szov 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: Atin 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 Maurad& Planner Department of Community Investment City of South Bend 227 W. Jefferson Blvd. South Bend, IN 46601 (574) 235 -5821 emaradik(a)southbendin,gov To: BOA of .)W cDRgNDUM WORKS Andre p - Jitin Kai nce, Solid W Michael n' Cornmuni W, DA DAT E SENT; ohn - echa , En Invest nt 412LI hd eBYorn odri%14 Fi eeerin9 Depart _ Gose kin.us oArrea Plan epa�►nent meet FROM; heryl G��er, Police p� 3 fa d fission omi co _ SU Phil ne, Ci Attorney, partrne st B.l,ECT: Lind M. in, NIPS tY nt a M Cp s 4 APpLlCgNT; EQj Martin, Clerk m r+ffin ni R EST , " REC -- ource co ) LOCATION; John go Dftfe)v q m (FYI only) ~� 9�da faro TjpN qLL AC A7.1 rDIj Easiest an' a ?4 , V FgJr D E' t° the first All ey be�'ee f canoes. LC '�TIpN R E-MAIL To: .",A SAP N0'�h /gouth �j year and Madiso 235 -871 n West fr om Imam EddY REcoM E SOLUI endln. ov --�. NDATtpNs AN J D C�MMElV.7' Date � o � h 4=0 'boa WIWI JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR REA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH SEND. INDIANA 46601 (574) 23S -9571 May 8, 2013 City of South Bend. Board of Public Works 13t' 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 driveway /parking 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 still 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, b & 14y1,e4 Christa Nayder, Planner SERVING ST, JOSEPH COUNTY, SOUTH SEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W.STJO SEP HC OU N T Y INDIANA. C OM 0 WARRANTY DEED Grantee's Marlins Aridness: Property Address: Tau[ Parcel No.: 424 Francis, LLC 1028 Cedar Street 018 -8018 -06121 2433 Oak Valley Dr. Ste 500A South Send, IN 46617 71 -08 -01 -482- 003.000 -026 Ann Arbor, MI 40103 This Indenture Witnesseth, That 60 West Golf, LLC, an ptlnols Limited Liability Company, conveys and warrants to 424 Francis, LLC, a Michigan Limited Liability Company, For the sum of SIXTY THOUSAND AND NO1100 ($60,400.04) DOLLARS, the following described real estate in SL Joseph County, in the State of Indiana: Lot Numbered Seven (7) as shown on the plat of Huirs Subdivision of Large Lot or Block Numbered 11 M Samuel L. Cottrelrs First Addition to the Town of Lowell, now within and part of the City of South Bend, 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 side thereof. Subject to rest estate #sues 4W yet dire and payable. The undersigned person executing this deers on behalf of said Grantor represents and certifies that he is a duly elected- member -of Grantor and has been fully empowered, by proper resolution of the Members of sold Gnu for to execute-and deliver this deed; that the Grantor has full capacity to convey ow real estate described heroin:and that all necessary action for the making of such conveyance has been taken and done= ,. Subject to any ark all easeoents, agreements, and resirmonS of record, and to legal highways. Signed this 3 . day of lS+ley. 2013. 650 want Golf, LLC, an Illinois Limited Liability Company BY; r EPHEN R. NAPS ETON, Me ber Page 7 of 2 !v AckwMadgwriwd State Of IUinols, COunty.Of BdOne me, a Notary Public In and for the said County and State, personally appeared STEPHEN R NAPLETON, Member of 650 We* Goff, LLC, an Illinois Limited Liability Company, who acknowledged -the execution of the foregOng Warreniy Deed, and who, having been duty sworn, stated . that any representationk therein oontained are two. Witness my hand and notarial seal this t7f day y. 2013, r My comrnissbn des: Signature: _ Printed: oar Pubic Residing in: County, UUnois phis inatrumertt propared;bY: HOWARD H. KAHNE, of- ..._. C,., L . PASSARO, KpWNE & TAY( -OR �. LAW OFFICES, tai $t35 Weal julaip 5ireet ', Pugic>� ofof MV an* Banton Harbor, Ml 49022.. n E3to f 'Telephone: (289) ew o325. I affirm, under Me penalties for perjury, that I have taken reasonable care to redact. each Sodal Security Number in this document, unless required by taw, Name: Ka 4 i .. C,., L . L . INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 4/29/2013 TO: Andre Price, Solid Waste itin Kain, Community Investment's MMichael Mecham, Engineering Department Federico Rodriguez, Fire Department hn Byorni, Area Plan Commission (Lbyorni(a}co.st- se h.in.us or 235 -9813 fax) Gene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (pmgriffin(a)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 I Imartin(a)_southbendin.gtov 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. 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. .t UAD!R! :IUBLIC HEARING 3 rd READING ''EOT APPROVED UFERRED )ASSED City Clerk day of , 2 , at Mayor, City of South Bend, Indiana Filed) In Cler ' Office i 40H ii R®@ C9'Nr: 0 V, $OUT KIND, IN PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS TO THE COMMON COUNCIL DATE: JV5/1• 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 RonczAlleyVacation C ityOfSouth Bend Vacation P etition. doe LOT # Lot #1, #2 & #3 CONTACT PERSON: Lang, Feeney & Associates, Inc. 715 South Michigan Str -�-- .- A South Bend, Indiana 46 Bed n Clerk's Otficc (574) 233 -1841 a AUQ ­7 ?01 TLMN RRIKIII 3 t V SEND, IN 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 NQ -7 ?Q13 CITY CLERK, SOU114 SEND, IN \0424 -0412 -0424 -0425 R150' Western Ave. ! � 1 1 I I I I I I 1 I I N I i I -F I N 1 I L O � I v I � I I \ 14' J 0 (6 � / -0465 LO �n I / I I o o / I I / / -0457 / / -0465 / / -0459 / -0467 / r -0459 / / -0468 / 0 -0479 1 1 -0479 -0479 1 618 -301 -0479 11 -0479 1 I I I O I m I W E I I v I - 13 I I I I I 1 / / / -0479 % / Legal Description: z zz t 0 ®o t; Z '� {3 m L v 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 • FACSIlVULE 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 PUBLIC WORKS PREQUALIFIED City of South Bend Office of the City Clerk County -City Building, Room 455 South Bend, Indiana 46601 Attention: Janice Talboom 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. JOHN i00RD; . CITY CLERK, SOUTH RonczAll eyVacationCityOfSouthBendVacationCover doc 1316 COUNTY -CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTm BEND, INDIANA 46601 -1830 Ms. Mary Beth Roncz 26183 Wellington Parkway Granger, Indiana 46530 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOA OF PUBLIC WORKS July 23, 2013 NoNE 5741235 -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 Ricking 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, Lind 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 MIC14AEL C. MPCHAM MARK W. NFAL Melinda Lercei From: Melinda l.ercel Sent: Thursday, June 27, 2013 10 :50 AM To: Andre Price; Jitin !Cain; 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 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@southbendin..gov 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.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.gov City of South Bend 227 W. Jefferson Blvd, Suite 1316 County City Building South Bend, IN 46601 http: / /www.southb endin.eov 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 frodrieu@southbendin.eoy South Bend Fire Department 1222 S. Michigan St. 46601 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.s outh b end in.eov Melinda Lercel From: Angela Smith <ASmith @co.st josephJn.us> Sent: Monday, July 01, 2013 3:25 PM To: Melinda Lercel Subject: Re: Alley Vacation Recommendation - Mary Beth Roncz Attachments: N -S Alley 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, ,VWela N. Smith, Planner Area Plan Commission (874) 236 -9571 >>> Melinda Lercel <mlerce1*southbendin gov> 6/27/2013 10:49 AM >>> Please provide your recommendations. Thank you, IMPORTANT NOTICE! This E -Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above. Any dissemination, distribution, copying or action taken in reliance on the contents of this E -Mail by anyone other than the intended recipient is strictly prohibited and is not intended to, in anyway, waive privilege or confidentiality. If you have received this E -Mail in error please immediately delete it and notify sender at the above E -Mail address. Please note that incoming a -mails are not routinely screened for response deadlines, and as such, please notify the sender separately by fax of any message containing deadlines. In addition, E -Mail information cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain virus. Therefore, the sender does not accept liability for any errors or omissions in the contents of this message which arise as a consequence of E -Mail transmission. If verification is required, please request a hard -copy version. Melinda Lercel Department of Public Works ?' , , -� �,�i: ,rf :4i Division of Engineering (574) 235 -9251 miercelosouthbendin.eov y� City of South Bend 227 W. Jefferson Blvd. ..... )S5 .`.. Suite 1316 County City Building n ;:•' South Bend, IN 46601 http://www.southbendin.gov IMPORTANT NOTICE! This E -Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above. Any dissemination, distribution, copying or action taken in reliance on the contents of this E -Mail by anyone other than the intended recipient is strictly prohibited and is not intended to, in anyway, waive privilege or confidentiality. If you have received this E -Mail in error please immediately delete it and notify sender at the above E -Mail address. Please note that incoming a -mails are not routinely screened for response deadlines, and as such, please notify the sender separately by fax of any message containing deadlines. In addition, E -Mail information cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain virus. Therefore, the sender does not accept liability for any errors or omissions in the contents of this message which arise as a consequence of E -Mail transmission. If verification is required, please request a hard -copy version. 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 -9$71 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 f=irst EastlWest Ailey between Taylor and William Streets 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. 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 W W W. S TJ 0 SEPHCOU NTY INDIANA. 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:/Iwww.southtftndin.gov _ _ .... ..... - __.._.._ _. - .... From: Melinda Lercel Sent: Thursday, June 27, 2013 10:49 AM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorn1 @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 htti)://www.southbendin.gov INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 6/27/2013 TO: Andre Price, Solid Waste J Jitin Kain, Community Investment Michael Mecham, Engineering Department ederico Rodriguez, Fire Department John Byorni, Area Plan Commission ('byorni (&_co.st- bse 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 RECQMMENDATION — PROPERTY VACATION APPLICANT: Mary Beth Roncz LOCATION: North /South Alley from Western Avenue South to the First East/West Ailey between Taylor and William Streets DATE DUE: July 8, 2013 FAX OR E -MAIL TO: 235 -9171 / Imartin(a7southbend1n.gov RECOMMENDATIONS AND COMMENTS: By Date 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 018- 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. Member of the Common Council and e:UUi{iei� au azr,r Stn in,"m 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. 1st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED City Clerk day of , 2 1 , at Mayor, City of South Bend, Indiana Filer In office AUG °- 7 2013 CITY CLERIC, SO W h SEND, IN PETITION TO VACATE PUBLIC (STREETS AND ALLEYS) I iNifed En August 2, 2013 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA C17y CLERK, 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, N Donald J. Napoli, ixector St. Joseph County P` blic Library CONTACT 'PERSON: 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 Filed. On AUU 7 2013 F F, j 4 CITY CLERK., i6wj i4 �, gF , , , I I I , I , , I , i 18 07 —0239 —0250 Wayne Street —0248 —0249 Western Ave. — 0585.01 co —0593 � o I / { ( ( — 0586.01 I —0594 ------------------ ------------- ----- ------- - - ---- Mo Mo S 41 a) aD L- c U m I �i vio I , I , � I � I I I , I I I 18— 3016 I , I , I I I ------------- - - - - -J 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. d- o N —0276 r ° —0268 r — 0278.01 — 0278.02 —0279 —0270 18 -3008 0 —0271 —0280 —0281 —0282 — 0283.01 —0272 —0284 Western Ave. — 0585.01 co —0593 � o I / { ( ( — 0586.01 I —0594 ------------------ ------------- ----- ------- - - ---- Mo Mo S 41 a) aD L- c U m I �i vio I , I , � I � I I I , I I I 18— 3016 I , I , I I I ------------- - - - - -J 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 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 In ,­—Office FAUU - 1 ewrreLERK, - 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 On JFIIGd FA,U (11 • y Office 13 y qqgg qg F wr..( �sl �G 4��k 1316 COUNTY -C1TY BUILDINO 227W JE�7B soN BomEVARD 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 PHONE 574/235 -9251 FAX 574/235 -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, C4 nda M. Martin, C rk� C. Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Michael Mecham, Engineering GARY A. GIL(Yr DAVID P. RsLos KATHRYN E. Roos MICHAEL C. MECHAM MARK 'W NEAL 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:IDATA%HARET=NG 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 SEND, INDIANA 46601 TELEPHONE: (574) 234 -0121 (574) 233 -9449 TELEFAX: (574) 234 -3141 www,nfmlaw.com July 2, 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 -2W4) DEVERE D. GOHEEN (1912 -2oom ,V _1 �[. 1� 3 2013 C6,Y OF S001H .BEND FRi�Jt 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/ I.. James A. lv asters Attorney fo>s)1 St. Josq&County Public Library JAMItlr 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„through 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, Jitin <lmage005,Jpg> Jitin Kain Director, Planning Department of Community Investment (574) 235 -5835 ikain@southbendin.gov City of South Bend 227 W. Jefferson Blvd., Suite 1400 S. South Bend, IN 46601 <Image006.jpg> 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 Illinois REINHOLD SCHROEDER, of counsel, also admitted in .4fichigan 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 46552 TELEPHONE: (574) 654 -3722 PETER F, NEMETH (1915.199s) F. GERARD FEENev (1918 -2004) DEVERE D. GOHEEN (1912 -2000) :J vil if i) 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 L.Aw 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 adjacent 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, l sters unty 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 l j John Byorni, Area Plan Commission (ibyorni@co.st- �ioseph.in.us or 235 -9813 fax) ,/Gene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (pmgriffindnisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR REC6MMENDATION — 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: 235-91711 Imartin0southbendin.aov RECOMMENDATIONS AND COMMENTS: By Date Melinda Lercel From: Melinda Lercel Sent: Friday, April 19, 2013 11.40 AM To: Andre Price; Jitiri 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 lerce I @south be ndin.eov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 http:/1www.southbendin.gov Melinda Lercel From: Eugene Eyster Sent: Tuesday, April 23, 2013 7:52 AM To: Melinda Lercet 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 1-1- . . ... . ...... .... .1 .-1............- ...... ....... ........ ........ .. ...... ........... ......... ..... ........... 1'.1.1 ........... . -- ... .... ... . ...... ........... ....... ......... ..... ...................... . .. . 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 Lercel Department of Public Works Division of Engineering (574) 235-9251 mlercelPsouthbendin.eov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 http://www.southbendin.gov I JOHN W. BYORNI �w EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR FAREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH SEND, INDIANA 46601 (574) 23S -9571 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: First 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 staff's 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, ek,v &'67hf Christa Nayder, Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA, & ROSELAND W W W.STJOSE PH COUNTY IND I ANA. CO 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 PARCE LI D: 018 -3008 -0279 PARC ELI D: 018- 3008 -0280 PARCE LI D: 018 -3008 -0281 PARC E LI D: 018 -3008 -0282 PARCELID: 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 _._ _... _ ......_... ...... __...._- -_ -__. _._ - _.._ ...... From: Melinda Lercel Sent: Friday, April 19, 201311:40 AM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; Eugene Eyster; jbyorni@co.st-joseph.ln.us Cc: Cheryl Greene; pmgriffin @nisource.com Subject: Recommendation Request - Alley Vacation - St. Joseph County Library Please provide your recommendations. Thank you, Jitin Kain Director, Planning Q Department of Community Investment (574) 235 -5835 ikain@southbendin.aov City of South Bend 227 W. Jefferson Blvd., Suite 1400 S. South Bend, IN 46601 _._ _... _ ......_... ...... __...._- -_ -__. _._ - _.._ ...... From: Melinda Lercel Sent: Friday, April 19, 201311:40 AM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; Eugene Eyster; jbyorni@co.st-joseph.ln.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: Atin 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: PARCELID: 018-3008-027802 PARCELID: 018 -3008 -0279 PARCELID: 018- 3008 -0280 PARCELID: 018 - 3008 -0281 PARCELID: 018 - 3008 -0282 PARCELID: 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 atii�trrk , 'o litin Kain Director, Planning z` Department of Community Investment ••Y 574 235 -5835 ikain@southbendin gov City of South Bend 227 W. Jefferson Blvd., Suite 1400 S. South Bend, IN 46601 VISIT OUR NEW VVEBSITE _...._.....__... - -- .. .. ...... _.... __.. ....._... -- - - -- .__._.._..._._......_........._.._. _..__..._...-- .__....._._ -._... 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 Lercel Department of Public Works Division of Engineering (574) 235 -9251 m IerceiOsouthbendin.gov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 http:Lwww.southbendi n.eov 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.IDATA1sHARE1ENG INEERIW PDATAImemoboard.wpd On Jun 20, 2013, at 5:31 PM, Jitin Kain <jkailz a,southbendin.gov> 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, Jitin <1mage005.jpg> Min Kain Director, Planning Department of Community Investment (S74) 235 -5835 ikaln @southbendin.gov City of South Bend 227 w, Jefferson Blvd., Suite 1400 S. South Bend, IN 46601 <image006.Jpg> Oo . L�3 - (_3 ORDINANCE NO. AN ORDINANCE TO CORRECT THE LEGAL DESCRIPTION IN ORDINANCE 8551 -94 WHICH VACATED THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF EAST ST. VINCENT STREET RUNNING WEST FROM THE WEST RIGHT -OF -WAY LINE OF GEORGIANA STREET FOR A DISTANCE OF APPROXIMATELY 248 FEET TO THE EAST RIGHT -OF -WAY LINE OF EDDY STREET 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 described as the first East -West Alley North of East St. Vincent Street running West from the West right -of -way line of Georgiana Street for a distance of approximately 248 feet to the East right - of -way line of Eddy Street and having a width of approximately 12 feet. All situated in the "Hartman and Miller's Plat ", Recorded in Plat Book 7, Page 29, 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: Lot 22 "Hartman & Miller's Plat S1 /2 Lot 23 "Hartman & Miller's N1 12 Lot 23 "Hartman & Miller's Lot 24 "Hartman & Miller's Plat Lot 25 "Hartman & Miller's Plat Lot 26 "Hartman & Miller's Plat Lot 27 "Hartman & Miller's Plat Lot 28 "Hartman & Miller's Plat Lot 29 "Hartman 6 Miller's Plat Tax Key Number 018 - 5101 -3561 Plat Tax Key Number 018 - 5101 - 355801 Plat Tax Key Number 018 - 5101 -3558 Tax Key Number 018- 5101 -3555 Tax Key Number 018- 5101 -3552 Tax Key Number 018 - 5101 -3553 Tax Key Number 018- 5100 -3554 Tax Key Number 018 - 5100 -3559 Tax Key Number 018 - 5100 -3562 Lot 70 "Hartman & Miller's Plat Lot 69 "Hartman & Miller's Plat Lot 71 "Hartman & Miller's Plat Lot 72 "Hartman & Miller's Plat Lot 35 "Sorin's 2nd Addition Lot 36 "Sorin's 2 I Addition Lot 37 "Sorin's 2 Addition Unplatted land Tax Key Number 018 - 5100 -3560 Tax Key Number 018 - 5100 -3563 Tax Key Number 018 - 5100 -3557 Tax Key Number 018 - 5101 -3556 Tax Key Number 018 - 5105 -3689 Tax Key Number 018 - 5105 -3690 Tax Key Number 018- 5105 -3691 Tax Key Number 018 - 5102 -3579 SECTION IV. The purpose of the vacation of the real property is to: 1. Stop cars from speeding down the Alley. 2. Stop fires, dumping and parking in the Alley. 3. Stop an access route for drug dealers on Georgians Street. 4. Stop open urination in the Alley. 5. Stop the dumping of stolen cars. Create a safer environment for my child and family. 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 Member of the Common Council C�'q� p and omic'; G "v Cav' 1 ell 4 i:tii Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2013, at o'clock . M. Approved and signed by me on the o'clock .M. MAYOR, CITY OF SOUTH BEND, INDIANA �f RtADING )ML(C HEAPING 3 rd P.EADfi'vG SOT APPROM.' 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Land Surveyors 0 Professional Engineers Landscape Architects • Land Planners Office: (574)234 -4003 / (800)594 -4003 0 Fax: (574)234 -4009 1643 Commerce Drive ■ South Bend, IN 46628 August 21, 2013 Honorable Members of the City of South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 RE: An Ordinance to correct the legal description in Ordinance 8551 -94 which Vacated the following described property: the Alley to be Vacated is described as the first East -West Alley North of East St. Vincent Street running West from the West right -of -way line of Georgiana Street for a distance of approximately 248 feet to the East right -of -way line of Eddy Street; Dear Council Members: On behalf of our clients, the University of Notre Dame, we are requesting the approval to correct a scribbner's error in Vacation Ordinance No. 8551 -94. The error occurred in the legal description within the Ordinance only, the Vacation diagram that accompanied the Ordinance correctly depicted the alley that was to be Vacated. The reason for this request is to allow for the Auditor's Office and Assessor's Offices to show correctly on their records that Alley that was intended to be vacated was officially vacated. It will also allow for future buyers of the properties adjacent to the vacated Alley to be aware that the Alley has been vacated and cannot be used for access purposes. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, Michael J. Danch President Danch, Earner & Associates, Inc. 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. 91a, 3luxvom, &a &rda&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 I I M prom. F-Pr.% -Pop �4i /`:i:PlM With the remaining paragraphs being re- lettered as a result of the deletion of the paragraphs deleted above: (d) (c) (e) (d) (h) (el 0) (fl (9 (g). (k) (h) (4) (i) (R) G) (n) W (e) 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 Mxelewt * me & 6fe, ,% oft/.e '&W of (aiuA ff&n , JnAww,, on the day of , 2013 at o'clock m. Office of the City Clerk , *mw,dand� by me on the day of , 2013 at o'clock m. 1,-t READING f —(7--13 PUBLIC HEARING 3 rd READt -,G NOT APPROVED REFERRED PASSED Pete Buttigieg Mayor of the City of South Bend, Indiana Filed off ice NO crff canv, soti 14.OFIND, IN OUT 8� City of South Bend PEACE �! Common Council 1865 441 County -City Building • 227W.reffersonBlvd 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 htip://www.southbendin.gov Oliver J. Davis Dear Council Colleagues, Henry Davis, Jr. amending this ordinance, and at this time, 56 of 64 houses asked have signed 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 Karen L. White 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 0.a —rk a Office pog�y�- armed;[ „`:_ Vt ® 0 F�+C�IG::P�R” .`."4��i.i �1� � 1 0z) - t 3 -S b 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 818 Thomas Street 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: 818 Thomas Street, South Bend, IN 46601 -2537. in order to permit Bed and Breakfast (Guest House). SECTION II. 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 finds 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. NOT �Pi�FC3YE% Member of the Common Council a _ vGliBW W s FRed in Glares- CI Y CLERK, SOUTH SEND, IN 02M0 Avanti Guest House Avanti Museum Group, LLC A Missouri registered LLC Operating the proposed Avanti oriented Guest House Facility address: 818 Thomas Street South Bend, IN 46601 -2537 Mailing address: 1447 Rose Hill Lane St. Peters, MO 63376 -3744 E -mail: dlindner@mac.com Phone: 314 - 973 -8686 Don Lindner, CEO 7/10/2013 Ref: Petition for Variance Dear Members of the Board: #1C Seeking a Special Exception for a Bed & Breakfast in a "SF2" District Please consider the proposal for the intended Avanti - Oriented Bed and Breakfast at 818 W. Thomas Street, South Bend, IN 46601 -2537, just across the street from the Studebaker National Museum entry -exit. The advantages are as follows: A It will assist in preserving the Studebaker Avanti. B It will provide enjoyment and entertainment. C It is a place to house and display my $ 50,000+ collection of material. D It will provide local lodging for visitors to the Studebaker National Museum /Indiana. Center for History. E It offers another attraction for S. Bend visitors. (S. Bend attracts people from all over the world in many cases for the love of Studebaker and Avanti). This project will offer additional revenue to the area. F The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. This building was vacant and in disrepair for a lengthy time. I think most would agree that what has been accomplished in the last year with funds and hard work invested, is an asset to the neighborhood as well as the local community. Advisory Board: Ed Meyer, Don Hart, Lew Schucart, Karen & Dale Dyer, Dale Sexton Volunteers and donors: Libby Baker, Karen& Dale Dyer, Dale Sexton, Steve Montgomery, Milt Yoder. Security: James Lawson, Andre Waddell. Avanti Guest House Avanti Museum Group, LLC A Missouri registered LLC Operating the proposed Avanti oriented Guest House Facility address: 818 Thomas Street South Bend, IN 46601 -2537 Mailing address: 1447 Rose Hill Lane St. Peters, MO 63376 -3744 E -mail: dlindner@mac.com Phone: 314 - 973 -8686 Don Lindner, CEO G The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. Many feel this would be a positive addition to the museum corridor. a. The property has been much improved since I purchased it. b. The property is surrounded on 3 sides by the Studebaker National Museum and Center for History and I own the rental house to the west. c. Every neighbor with whom I spoke with was happy and excited about the project. The property was overgrown in weeds, filled with trash and was an eye sore. H The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein Improvements are in keeping with the original building. The roof had severe leaks when purchased. A new roof has been installed and extensive refin- ishing of wood doors, trim, etc. was done to all original wood that was salvageable. Painting and other outside work was done to keep the integrity of the original facade. This will be an extension of the Museum District that is already there. I The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The area already has museums and residential properties. I feel it is going to be compatible with the Comprehensive Plan for the City. I have invested in the community and will continue to do so. Thank you for your consideration. Sincerely, Donald R. Lindner Advisory Board: Ed Meyer, Don Hart, Lew Schucart, Karen & Dale Dyer, Dale Sexton Volunteers and donors: Libby Baker, Karen& Dale Dyer, Dale Sexton, Steve Montgomery, Milt Yoder. Security: James Lawson, Andre Waddell. Avanti Guest House Avanti Museum Group, LLC A Missouri registered LLC Operating the proposed Avanti oriented Guest House Facility address: 818 Thomas Street South Bend, IN 46601 -2537 Mailing address: 1447 Rose Hill Lane St. Peters, MO 63376 -3744 E -mail: dlindner@mac.com Phone: 314- 973 -8686 Don Lindner, CEO A bit about myself: A At this time, I am the only principal but have supporters, advisors and contributors of both materials and money. B The LLC is currently based and registered in Missouri. C I have never been arrested (other than getting a ticket for traffic violation). D I've never been bankrupt. E I've earned an honorable discharge from the US Air Force and Missouri Air National Guard. F I currently employ 88 people in seven child care businesses and rental property. G I've been married to the same woman, Janet V. Lindner for 50 years and 3 months. H I have been visiting S. Bend for the last 20 years. I I have 27 years of perfect attendance with the Bridgeton, MO Kiwanis Club. -J I have been a member and visitor of the Studebaker National Museum almost yearly since 1993. 1 am the Founder and was the Avanti Association Memorabilia Chairman from 1998 to ,June 2012. K My wife and I own our own house. Don Lindner, CEO Advisory Board: Ed Meyer, Don Hart, Lew Schucart, Karen & Dale Dyer, Dale Sexton Volunteers and donors: Libby Baker, Karen& Dale Dyer, Dale Sexton, Steve Montgomery, Milt Yoder. Security: James Lawson, Andre Waddell. AvM Var 7.10.13.pages � y a { •L ii i M J LTa) y ••� 0 1}j' +1 £•�i PAY/ V/i t V o.Mo S ��;'o rt v� `t LL6� r°> o M N oMO o o £966 650£860 0�o N jg UI(JCI�� GD AE Yw LO Lo �:».. 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O N 'CQ N M Ui O tV in M " , : N ' N t-- j LO O 1 Cl) O p LO 6 Ri << M r- ro,� T .... � r-N r.i.� .... � 2 :' Cam. � '. .., �, .T .. � '�9r%..'.•. . . ,i LO LO W 00- O co M T 1,. �A,�OODf'N r O ' 9£6Z 550£-860 y!_.'•.' - i r 5S0£ ''8 =60 it) .d• 00 -- O•M T Mi -""r'O 1 pp rN 1 y 001"N �,f �.. M e- r X UNO O,N .O M r- ' N- 00 �iy�� ,j C t� O N if CAS 950£ 8 60 to : Lo N LO, LO M O � ' M M M N Z �_ OO�N.. CO O j[ - Y01. ,. i u L.wr -p- (ii O -� • O M N 9'9 0£-8 60 N M �1 G"�' M rte-•: .' O N 'CQ N M Ui O tV in M " , : N ' N t-- j LO O 1 Cl) O p LO 6 Ri << M r- ro,� T .... � r-N r.i.� .... � 2 :' Cam. � '. .., �, .T .. � '�9r%..'.•. . . ,i .M 00- 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 July 29, 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: Common Council Attn: Janice 4"' Floor County City Building South Bend, IN 46601 The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday, August 7 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 difficulties in the use of the property. 1. 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. 6. Petition of David and Diane Vernasco. The staff recommends denial of the lot size variances. Approval would create two lots that are not consistent with the intent of the Agricultural District of the St. Joseph County Zoning Ordinance, or in accordance with the Comprehensive Plan. These two parcels combined are just over 17 acres, 3 acres below the minimum lot size. The petitioner's argument that the two parcels were not properly split in 1969, has no bearing or applicability relative to the three standards that need to be met for a successful variance. The immediate area around the petitioner's property is still a predominantly agricultural area (i.e. largely farmed). Further subdividing properties for non - agricultural purposes, compromises the overall intent of the agricultural pursuits of the district. The agricultural district lot standards are established to protect the farming community at large by preventing the encroachment of scatter urban -type uses. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W.STJOSE PHCOUNTY INDIANA. COM (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 with more than sufficient off street parking. The crematory 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. A crematory, either by itself or in conjunction with a cemetery is a permitted use in less intense districts, like O Office District. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. Although crematories are not specifically addressed by City Plan, a mix of land uses along major corridors and other locations is identified on the Future Land Use Map. The Future Land Use Map identifies the west side of the corridor along Main Street as industrial Sincerely, �"" &I �� k Christa Nayder Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W.STJOSEPHCOUNTYINDIANA. COM AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 August 8, 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 of Donald Lindner /Avanti Guest House ABZA 8/7/13 Dear Council Members: The above referenced petition of Donald Lindner was legally advertised on July 21, 2013. The Area Board of Zoning Appeals gave it a public hearing on August 7, 2013, at which time the following action was taken: Upon a motion by Mr. Phipps being seconded by Mr. Young and unanimously carried, the petition for Special Exception to allow a bed and breakfast in a "SF2" District, on property located at 818 Thomas Street, is sent to 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 SPECIAL EXCEPTION PURSUANT 21- 093(D) AREA BOARD OF ZONING APPEALS LINDNER/AVANTI GUEST HOUSE 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 BENDS COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 7TH Day of AUGUST, 2013. YES NO M MICHAEL UR13ANSKI 0 RANDALL MATTHYS 0 JACK YOUNG 0 GERALD PHIPPS M ROBERT HAWLEY ABSENT JOE VELLEMAN M BRENDAN CRUMLISH DONALD LINDNER/AVANTI GUEST HOUSE The petition of Donald Lindner /Avapti Guest House seeking a Special Exception to allow a bed and breakfast in a "SF2" District, on property located at 818 Thomas Street, Portage Township. Zoned "S172 ". MR. DONALD LINDNER: I live at 1447 Rose Hill Lane in St. Peters, Missouri and part time, half time or little more than half time at this residence at 818 Thomas Street in South Bend. And I'm proposing this variance for the use of bed and breakfast and I would be oriented to the Avanti automobile or Studebaker or direct connection that many South Bend people know about. It's been a while, the closing of Studebaker was some 50 years ago coming this December. But South Bend attracts people from all over the world. The Avanti portion produces this magazine four times a year. Very attractive. There's some 2,000 members of the Avanti Association. The Studebaker Drivers Club is one of the largest automobile clubs in the country and the world. I think it's the largest independent orphan car club in the world. And I will intend to be able to offer this lodging facility. It has six bedrooms. There's nine rooms altogether including the small entry room. But I think other issues are addressed in the documentation that was already issued. And we have some notes, maybe I forgot something. I feel that this will add to the Studebaker and museum corridor that's adjacent to me. There's museum property on four sides and the recent drawings have been updated to include the parking off the alley. And I hope you can see it and approve this variance. MR. URBANSKI: The Board will note that there was an addendum site plan because the new parking spaces will be 30 feet deep as per the Engineering Department rather than 20 foot deep because it will be easier to back out on to the alley. We also have one letter in favor of from Rebecca Bonham, we have one from Donald Hart. So we have two letters in favor. Are there any questions or comments from Board or staff? MR. PHIPPS: Mr. Lindner will you be operating this yourself? MR. LINDNER: I own the rental house next door also and in conjunction with those people on site. MR. PHIPPS: Will it be open all the time or just in connection with certain activities of the museum? MR. LINDNER: It would, I would anticipate it being available at any time. MR. PHIPPS: Are improvements to the building involved in getting this ready as a bed and breakfast? MR. LINDNER: Yes we already have three bathrooms added, two of them are half baths and one is a full bath with a tub, shower and so forth. The house needed that anyway to bring it up to current day expectations even for a single family home. But each of the six bedrooms had a walk in closet. The house is around 2,200 square feet. So the bedrooms are not large but there's, I have a plan where guests will be when they stay there they will lock their belongings in the bathroom and the bedrooms can remain as display area for other residents there that will be interested in the material that would be on the walls. So a combination mini museum and bed and breakfast, guest house. At this time we don't anticipate any cooking, that's why the term guest house is used. MR. HAWELY: Sir I noticed that you and as a former Studebaker employee, I was there for four years, I won't tell you when but it was many years ago, you mentioned in your presentation you have a $50,000 plus collection of material, this is I'm assuming for viewing if we were to stay there a night or two? MR. LINDNER: Yes, that's correct. MR. HAWLEY: What kind of collection are you talking about? MR. LINDNER: Posters, sale brochures, it just goes on and on... MR. HAWLEY: Things you have collected over the years? MR. LINDNER: That's correct. You just can't believe it. Even yet today I started my collection and came to South Bend my first time in `93 and it all started from there. MR. HAWLEY: Thank you. MR. CRUMLISH: I'd like to ask, maybe I misunderstood something here, you will not be living in this house full time? You may be there some of the time? MR. LINDNER: Yes. I am there some of the time. I am living there a little over half the time now. MR. CRUMLISH: Will there be someone else living in the house when the guests are:there? A caretaker or...? MR. LINDNER: There will be the people next door in the rental house. MR. CRUMLISH: So this is a business operation then? MR. LINDNER: Well it's combination residential and business. MR. CRUMLISH: The people that will be there will be transient lodging? I'm taking it they will spend the night but they don't live there either so they're not full time tenants? MR. LINDNER: Correct. MR. CRUMLISH: Will there be a handicap parking space in the back? MR. LINDNER: Yes. MR. CRUMLISH: Thank you. IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE There was no one present to speak in remonstrance of this petition. A motion to send the Special Exception to the Common Council with a Favorable Recommendation and was seconded by Mr. Young. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36- 7- 4- 918.5; therefore, the petition for Special Exception was sent To the Common Council with a Favorable Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION LLC AND DIRECTOR'S CREMATORY, LLC The petition of GV213 and Director's Crematory, LLC seeking a Special Exce 'on to allow a crematory in a "LI" District, on prkerty located at 1731 S. Franklin Street, Portage Towns 'p. Zoned "LI ". MR. MARK GENDEL: My address is 1333 Erskine Manor Hill, So Bend, Indiana. I am a member of GMB2B, LLC. We're se ng a Special Exception on this locatio or a crematory to be installed in an existing building. The cre tory will not be open to the public d it would be used for funeral home use only. MR. URBANSKI: Thank you s I do find the i interesting. MR. PHIPPS: The building that you\vould be MR. GENDEL: That is correct. you attached very interesting. Informative and is at the back of the property? MR. PHIPPS: The staff has given us ph to and I'm assuming this is the part of the building that would be used not the one up close to Fran treet. (Mr. Phipps was pointing to a picture) MR. HAWLEY: I did visit the . e and my pe onal opinion was that there was plenty of parking and it was very private. In fact across th street basically s commercial property and it just seem like, to me, an ideal location. MR. LYONS: /n*ust t with the owners of the pi entire property this use because the pro. property. So we rough and counted up the do meet the requ IN FAVOR There vas no one present to speak in favor of this pi .y and verified the parking calculations with the does have some other uses on the rest of the square footage and the number of spaces and they fro . 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 1731 S. FRANKLIN STREET WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36 -7 -4- 918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4, and WHEREAS, the 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 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: 1731 S. Franklin Street. in order to permit a crematory in a Light Industrial District. SECTION II. 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 finds 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; May 18, 2010 Rev. 1 (CFS -Pet included) Cremation Systems 15660 LaSalle Street South Holland, IL 60473 Attention: Tom Krowl I Subject: Cremator Stack Emissions PM (particulate matter) EPA, Human and Pet 15660 LaSalle Street South Holland, IL 60473 www -armi 1nA , -.om email: info narmilcfs corn phone: 708- 339 -6810 fax: 70R—qqo--17R _,.. a�. x �S .�ar�ivz�i:.Pix: z. �i;:�i }ti. _'•? >' .; >:. r ..� t. � .. � ... , The Cremations Systems CFS -2300 cremator was tested and evaluated for the Illinois EPA on 9/16/2008 by an independent testing company (GE Energy Management Services). The test was performed on our CFS- 2300 -1 cremator installed at Skyline Memorial Park in Monee Illinois. Three tests (runs) were performed over a period of two days using human remains during each test and running the cremator in the normal operating mode. An Armil /CFS technician and a Skyline employee operated the cremator and performed the three cremations, while three GE Energy technicians performed the sampling, measurement, and analysis (on site). The testing procedures and methods are defined in GE Energy Report M22E1769A Rev.l dated September 22, 2009. Excerpt data is listed below: Test Facility: Skyline Memorial Park Crematorium 25100 South Governors Highway Monee, Illinois 60449 Contact: Paul Kint (owner) Testing Company: GE Energy 888 Industrial Drive Elmhurst, Illinois 60126 Contact: David Thompson (project supervisor) Pagel of 2 Emissions & Particulate Matter-Testing Human Remains and Pet Cremators Armil /CFS Reference Number CFS2300 /CFSPet May 18, 2010 Revision 1 Calibration of the testing equipment was performed pre -test and post -test. Specific information regarding the equipment, procedures, and N.I.S.T. traceability are available upon request, from Armil /CFS Incorporated (708) 339 -6810. SUMMARY OF RESULTS Filterable Particulate (PM): 02 (oxygen) CO2 (carbon dioxide) CO (carbon monoxide) Average of three (3) test runs Calibration Corrected Test Data 0.050 lb/hr 0.021 grains /scf @ 12% CO2 Filterable PM determination by USEPA method 5 6.2 % dry Oxygen determination by Method 3A, 40CFR60 11.8 % dry Carbon Dioxide determination by Method 3A, 40CFR60 0.02 lb/hr 13.8 ppm @ 50% excess air Carbon Monoxide determination by Method 10, 40CFR60 EXTRAPOLATION OF RESULTS (Particulate Matter) Stack Emission, CFS -2300 Estimated daily and annual stack emission totals based on normal cremator operation. PM Daily: 10 hrs x 0.050 lb/hr 0.5 lbs per day PM Annually: 5 days/ week x 52 weeks 130 lbs per year EXTRAPOLATION OF RESULTS (Particulate Matter) Stack Emission, CFS -Pet Estimated daily and annual stack emission totals based on normal cremator operation. PM Daily: 10 hrs x 0.033 lb /hr 0.33 lbs per day PM Annually: 5 days/ week x 52 weeks 86 lbs per year Data compiled by: Armil /CFS Engineering Department Page 2 of 2 CFS-2300 Cremation Chamber CFS -2300 Features Include: s: Automatic operation r High efficiency refractory lining it Recessed hot hearth design accommodates large cases, 750 Ibs K Cremation status can be sent via email w. Quick Change hearth the system re Emission monitoring s Front loading and retrieval through extra -wide door * 150lbs per hour cremation burn rate ® Touch - screen digital controls * PC-based data acquisition and storage Meets all applicable NFPA and UL standards e Engineered for installation through an 8' door opening r� Includes Fire Marshal monitoring system K. Tek Marshal internet retort diagnostics, optional CFS -2300~ Cremation Chamber Made in Illinois! The CFS -2300 has a composite refractory lining, and extra -wide 42" door opening. General Dimensions: Height: 7'.71/2" . Width: 5'3" without control panel 6'4" with control panel Length: 154" Hearth area: 42" wide x 89" deep Door opening: 42" wide x 25" high Utility Requirements: Natural gas: 1000 Btu /cu ft 2350 CFH at 7" w.c. minimum Propane: 2500 Btu /cu ft 940 CFH at 11 " w.c. minimum Electrical: 208/240 VAC, 1 phase, 40 amp Refer to General Specification H501R -008 Cremation Systems is pleased to offer the CFS -2300 t cremation chamber f with Fire Marshal monitoring system.Won Optional with the CFS -2300: Tek Marshal internet retort diagnostics. Cne q4temA TM Division of Armil CFS, Inc. 15660 South LaSalle Street South Holland, IL 60473 708 - 3396810 Fax: 708 - 339 -0517 vJNw .cremsys.com info @cremsys.com © 2009 -12, Cremation Systems CFS -2300 Cremation Chamber from Cremation systems Features and Benefits One -step, automatic operation: The CFS -2300 utilizes advanced "Set Point Programming" to control temperature for a completely automatic cremation cycle. High efficiency refractory lining: The CFS -2300 utilizes a combination of premium firebrick, pre -cast refractory shapes and ceramic fiber insulation for a light weight, energy efficent lining. Quick Change hearth tiles: The CFS -2300 Quick Change hearth is a pre -cast refractory the system. Quick Change tiles are in stock, minimizing cremator down time by allowing for one -day hearth repair and easy sub - hearth access. Automatic pollution monitoring: The CFS -2300 opacity sensor monitors emissions, ensuring EPA requirements are met. Touch - screen digital controls: Case data stored on a flash drive can be automatically sent to any PC or smart phone via email. Remote access via the Internet: Remote access of cremator conditions via the internet for off -site monitoring and alarm notification. The CFS -2300: ra Extra -wide door opening for easy loading and retrieval r Low overall height and weight for ease of installation k Door system features a single air - cooled viewing port, spring- loaded /self- locking door latch to ensure safety, and hydraulic cylinders for door movement. * Control panel may be left or right side mounted, or provided separate for remote installation. Meets or exceeds all applicable NFPA and UL standards. Fire Marshal: The Fire Marshal monitoring system comes standard with the CFS -2300. Refer to Fire Marshal data sheet for additional information. Tek Marshal: Internet retort diagnostic product to identify blown fuses, tripped relays, and dirty smoke meters, without a service tech visit. Cremation Systems is a division of Armil CFS, Inc., manufacturer of high temperature process equipment since 1968. Armil CFS utilizes the finest combustion and control components, refractory and insulating materials to provide premium, high efficiency, low maintenance cremation equipment. Members of i >4 National Funeral Directors Association Cremation Association of North America 1FDn BHA Illinois Funeral Directors Association Illinois Cemetary & Funeral Home Association ® 2009 -12, Crematiori systems Orp- rmoVon, 9cJ„oA 15660 South LaSalle Street - South Holland, IL 60473 • 708- 339 -6810 Fax: 708 - 339 -0517 Misionof Armil US, Inc. Wwk1'.cl,ernsvS.con) r info @cremsys.com s cin dw" v . � {- _ ^ • i - .... . h. Y. -�'v - -^rte-- 1,..... PARCELSTAT 71- 08- 14 -432- 013.000 -026 71- 08- 14 -432- 027.000 -026 71- 08- 14 -432- 006.000 -026 71- 08- 14 -432- 024.000 -026 71- 08- 14 -432- 026.000 -026 71- 08- 14 -431- 022.000 -026 71- 08- 14 -432- 007.000 -026 71- 08- 14 -431- 026.000 -026 71- 08- 14 -432- 010.000 -026 71- 08- 14 -432- 031.000 -026 71- 08- 14 -432- 005.060 -026 71- 08- 14 -478- 001.000 -026 71- 08- 14 -482- 001.000 -026 71- 08- 14 -431- 020.000-026 71- 08- 14 -432- 025.000 -026 71- 08- 14 -432- 009.000 -026 71- 08- 14 -432- 030.000 -026 71- 08- 14 -431- 030.000 -026 71- 08- 14 -431- 032.000 -026 71- 08- 14 -432- 016.000 -026 71- ()8- 14 -431- 041.000 -026 71- 08- 14 -432- • r NAME 1 MAILINGADD MAILINGCIT MAILMAILINGZIF 5 STAR PO Box 706 Middlebury IN 46540 INVESTMENT IN 46614 DELORAS M GROUP V I..LC SCHERMERHORN 713 Elizabeth St Mishawaka IN SMITH VICTOR K 1717 S Franklin South Bend IN 46613 KAREN Y South Bend IN 46613 L & FRANKLIN A CITY OF SOUTH 227 W .lefferson South Bend IN 46601 BEND BOARD OF 46613 CONTI ROBERTO 11238 Tamiami Naples FL PUBLIC WORKS & DAIDONE Trail E 1702 S FRANKLIN 7030 W 63rd St Chicago 1L 60638 S "fREET LLC GM2B LLC P. 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Box 1022 South Bend IN 46624 S13K HOLDINGS 1776 N Pive Island Fort Lauderdale FL 33322 LLC Rd Ste 316 HENSLEY WILLIE 1819 S Williams South Bend IN 46613 EUGENE AND ELEANA ROSE LAND AND 241 E Saginaw East Lansing MI 48823 FINANCE CORP GAYTON RU171NO 501 Calvert South Bend IN 46613 G .IR & JAMIE R VALDEZ IRENE R 423 W Calvert St South Bend IN 46613 Page 1 of 3 PARCELSTA 018.000 -026 71- 08- 14 -432- 019.000 -026 71- 08- 14 -432- 020.000 -026 71- 08- 14 -432- 021.000 -026 71-08-14-432 - 017.000 -026 71- 08- 14 -431- 040.000 -026 71- 08- 14 -431- 02 7.000 -026 71- 08- 14 -432- 011.000 -026 71- 08- 14 -431- 033.000 -026 71- 08- 13 -303- 002.000 -026 71 -08- 14 -433- 003.000 -026 71- 08- 14 -431- 019.000 -026 71- 08- 14 -432- 003.000 -026 71- 08- 14 -431- 025.000 -026 71- 08- 14 -431- 031.000 -026 71- 08- 14 -432- 015.000 -026 71- 08- 14 -432- 014.000 -026 71- 08- 14 -431- 021.000 -026 71- 08- 14 -431- 024.000 -026 71- 08- 14 -431- 029.000 -026 71-08- 14 -431- 028.000 -026 71- 08- 14 -432- 012.000 -026 71- 08- 14 -432- 002.000 -026 71- 08- 14 -432- 028.000 -026 T NAME _1 MAILINGADD MAILINGCIT MAILMAILINGZIF AND RAMIREZ 46613 . WARRANTY 46545 IN SYL,VIA,IWFROS - IN 46617 SBA OF SOUTH RC1MP LLC 405 Li Eckman St South Bend IN 46614 REYNA LAURA E 415 W Calvert St South Bend IN 46613 MADRIGAL 413 W Calvert South Bend IN 46613 CARLASI, 308 LLC ARK 301 NW 38th Ave Cape Coral FL 33993 INVESTMENTS ROCIO MARIA H 1727 South South Bend LLC Williams 1-IENSLEY WILLIE; 1817 Williams South Bend ARIAS DAVID & 505 West Calvert St South Bend IN 46613 %ULAIMA ARIAS JABKOWSKI 1814 S Williams St South Bend MATTY C WARREN ,LAMES 11039 Gorden Setter Osceola IN 46561 Ll1C Dr South Bend G WASHINGTON 1808 S William St South Bend IN 46613 JUDY C & LESLIE C IVACIC JEROME 3019 S Michigan St South Bend IN 46614 1' *SPECIAL 46613 IN CORPORATED IN 46613 . WARRANTY 46545 IN DEED IN 46617 SBA OF SOUTH 1824 S Franklin St South Bend BEND LLC SBA OF SOUTH 1824 S Franklin St South Bend BLIND LLC. 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O, Box 1022 South Bend IN 46624 029.000 -026 71-08-14 -432- MORGAN RAY 1726 S William St South Bend IN 46613 008.000 -026 AND NETTI E.' 71 -08 -13 -303- RHOADES 1528 itenli•ew Or South Bend IN 46614 001,000 -026 CIIARLES L, AND CATHERINE G RHOADES 71 -QS -14 -432 - 1702 S FRANKLIN 7030 W 63rd St Chicago IL 60638 023,000 -026 STREET LLC 71 -08 -14 -432- I,UU CANT -1 1714 S William St South Bend IN 46613 004.000 -026 71 -08 -14 -432- WILLIAMS 2228 N Elmer South Bend IN 46628 001.000 -026 1= RUDER I CK 71 -08 -14 -432- 1702 S FRANKLIN 7030 W 63rd St Chicago IL 60638 022.000 -026 ST LLC 71 -08 -14 -433- 1702 S FRANKLIN 7030 W 63rd St Chicago IL 60638 002.000 -026 ST LLC 71 -08 -13 -302- 1702 S FRANKLIN 7030 W 63rd St Chicago IL 60638 001.000 -026 ST LLC 71 -08 -14 -478- TEETER 1903 S Franklin St South Bend IN 46613 016.000-026 MICHAEL 3 Page 3 ol'3 JOHN W. BYORNI EXECUTIVE DIRECTOR 0� 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) 235 -9571 July 29, 2013 Area Board of Zoning Appeals Common Council 125 S. Lafayette, Suite 100 Attn: Janice South Bend, Indiana 46601 4th Floor County City Building RE: Area Board of Zoning Appeals Meeting South Bend, IN 46601 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, August 7 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 difficulties in the use of the property. 1. 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. 6. Petition of David and Diane Vernasco. The staff recommends denial of the lot size variances. Approval would create two lots that are not consistent with the intent of the Agricultural District of the St. Joseph County Zoning Ordinance, or in accordance with the Comprehensive Plan. These two parcels combined are just over 17 acres, 3 acres below the minimum lot size. The petitioner's argument that the two parcels were not properly split in 1969, has no bearing or applicability relative to the three standards that need to be met for a successful variance. The immediate area around the petitioner's property is still a predominantly agricultural area (i.e. largely farmed). Further subdividing properties for non - agricultural purposes, compromises the overall intent of the agricultural pursuits of the district. The agricultural district lot standards are established to protect the farming community at large by preventing the encroachment of scatter urban -type uses. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W WW. ST] OS E PH C O U N T Y INDIANA. C OM (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 with more than sufficient off street parking. The crematory 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. A crematory, either by itself or in conjunction with a cemetery is a permitted use in less intense districts, like O Office District. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. Although crematories are not specifically addressed by City Plan, a mix of land uses along major corridors and other locations is identified on the Future Land Use Map. The Future Land Use Map identifies the west side of the corridor along Main Street as industrial. Sincerely, C" �'o �� h4 Christa Nayder Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA. & ROSELAND WW W. STJO SE PH C O U N TY IND I ANA. COM AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 August 8, 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 of Director's Crematory ABZA 8/7/13 Dear Council Members: The above referenced petition of Director's Crematory was legally advertised on July 21, 2013. The Area Board of Zoning Appeals gave it a public hearing on August 7, 2013, at which time the following action was taken: Upon a motion by Mr. Hawley, being seconded by Mr. Phipps and by a 5 -1 vote, the petition for Special Exception to allow a crematory in a `2I" District, on property located at 1731 S. Franklin 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. Sincere] , Charles C. Bulot, C.B.O. Building Commissioner CCB /cah SPECIAL EXCEPTION PURSUANT 21- 09.3(D) AREA BOARD OF ZONING APPEALS GM2B /DIRECTOR'S CREMATORY, LLC 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 BENDS COMPREHENSIVEPLANBECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with as FAVORABLE RECOMMENDATION ADOPTED this 7TH Day of AUGUST, 2013. YES NO 0 MICHAEL URBANSKI D RANDALL MATTHYS 0 JACK YOUNG M GERALD PHIPPS 0 ROBERT HAWLEY ABSENT JOE VELLEMAN 0 BRENDAN CRUMLISH A motion to send the Special Exception to the Common Council with a Favor a Recommendation and was seconded by Mr. Young. The motion carried unanimously. After hearing the evidence on the petition, the Area Board Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36 -7 -4- 918.5; therefo , the petition for Special Exception was sent To the Common Council with a Favorable Reco endation. Based on the testimony presented, the Area Boar Zoning Appeals, after careful consideration, finds this Special Exception sent to the Common Counc' th a Favorable Recommendation and will issue written Finding of Facts. PETITION SENT TO THE COMVON COUNCIL WITH A FAVORABLE RECOMMENDATION � -L .P, 1-11 'N :,V\ S5 F�- �� GM2B, LLC AND DIRECTOR'S CREMATORY, LLC The petition of GM2B and Director's Crematory, LLC seeking a Special Exception to allow a crematory in a "LI" District, on property located at 1731 S. Franklin Street, Portage Township. Zoned "LI ". MR. MARK GENDEL: My address is 1333 Erskine Manor Hill, South Bend, Indiana. I am a member of GMB2B, LLC. We're seeking a Special Exception on this location for a crematory to be installed in an existing building. The crematory will not be open to the public and it would be used for funeral home use only. MR. URBANSKI: Thank you sir. I do find the information you attached very interesting. Informative and interesting. MR. PHIPPS: The building that you would be using is at the back of the property? MR. GENDEL: That is correct. MR. PHIPPS: The staff has given us a photo and I'm assuming this is the part of the building that would be used not the one up close to Franklin Street? (Mr. Phipps was pointing to a picture) MR. HAWLEY: I did visit the site and my personal opinion was that there was plenty of parking and it was very private. In fact across the street basically was commercial property and it just seem like, tome, an ideal location. MR. LYONS: We did get with the owners of the property and verified the parking calculations with the entire property and not just this use because the property does have some other uses on the rest of the property. So we did go through and coL.nted up the total square footage and the number of spaces and they do meet the requirements. IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE MR. TERRY FROST: I live at 1817 S. William Street. We live directly behind the building that would having this crematory put in. I have here a petition with 40 people throughout the neighborhood that does not want this to come into the neighborhood because of the small children and the hazards that could come with this type of business. MR. URBANSKI: So you're basically across the alley? MR. FROST: Well not, I'm in front of that house that's across the alley. MR. URBANSKI: Okay so you sit on the west side of the street? MR. FROST: Yes and face cast. So when I sit on my front porch I will see the building that they plan on cremating people in. MRS. HEATHER FROST: I live at 1817 S. William Street also. I guess my concerns are property values for our homes and the neighborhood, and the chemicals and toxins that will be, that can be released when they do cremations since one of them they will use is formaldehyde, hydrochloride and some other chemical that can be harmful. Mercury is also going to be in the environment and with where we live there are so many kids on that one block that's behind the building, that we face, it will be facing us. So our concerns are the health of the children and the toxins being released into the environment. MR. FROST: There is a foster home that is directly in front of our house which their back yard will be butted up to that building so that just tells you how many children come and go from this area where we live at and like I said we have 40 other people on Franklin Street and you talk about that it's secluded, it's not secluded, there's one building on the corner of Franklin and Calvert. And then you go into a neighborhood. People drive down past there every day. Do you want to drive past people being unloaded to be cremated? i mean that's just... MRS. FROST: And the concern is that it's not secluded. And the concern is the children being exposed to that kind of thing at a young age. MR. FROST:. My thing is, would you want that in your back yard? MR. URBANSKI: And the petitioner will answer your questions. I just happen to look at one of the studies on it and it says, the average car emission ,08 as compared to diesel truck at .14, restaurants at .18, wood stove at .46, and typical state standards is at .3 9, so this is about 20% lower than state standards. MR. FROST: There's several studies that show everything. We can go on the computer and pull up one that says those numbers. We can pull one up that shows that it each body releases 5 grams of mercury in the air when it's burnt. So you figure 400 bodies a year, that's going to put our neighborhood over 1200 grams of mercury into the air when you're only supposed to consume 25. MR. URBANSKI: Okay, we'll let the petitioner answer afterwards. Are you with the petitioner? SOMEONE FROM THE AUDIENCE SAID THAT THEY WERE WITH THE MANUFACTURER OF THE CREMATION MACHINE REBUTTAL: MR. TOM KROLL: South Holland, Illinois, representing Cremation Systems. We have multiple human and animal cremation chambers installed throughout the State of Indiana. And I can address at your request the technical issues and Mark has some other location issues that he can look at as it relates to mercury, and I have handouts that I can supply to the Board. It is something that has been looked at and addressed for many years. The facts state that your likelihood of having mercury from a cremation chamber is dramatically reduced versus coal fired power plants, ready mix plants and other type of industrial locations and that the use of amalgam mercury type fillings in the teeth is on a dramatic decline. Obviously it's not being used any longer. I also got that I can hand to the Board the chemical components of cremated remains. And it does state here testing, quantification done by the TEI Analytical Inc., Niles, Illinois, where mercury on a number of cremations was at nearly imperceptible percentage levels of the cremated remains. As stated by the Board this is a use not even covered by Title 5 or the Federal government in the State of Indiana as you stated. It is up to the owners of the crematory whether they even want to file and have State of Indiana permitting. We always help the people do the State of Indiana permitting because we have third party testing on three cremations that were performed and we analyze the gases that come off the stack. The important things as you stated, particulate matter. It's only 5 1100ths of a pound per hour and again on carbon monoxide its' .20 pounds per hour. So addressing damage to the surrounding neighborhood or even the environment is extremely minimal. We have installations in Elkhart, Logansport, Dyer, Indiana, Gary, Kokomo, Akron, Indiana all within both residential areas and commercial areas that are already in place. MR. URBANSKI: Thank you very much sir. Petitioner if you wish to answer the other questions. I guess before you come up I have a question. I noticed that the building has an overhead door on the end of it. MR. GENDEL: That is correct. MR. URBANSKI: Is that intended that the hearse brings or whatever, van brings the body in is backed into the building and unloaded? MR. GENDEL: The property will be modified and that door will most likely be closed off and just an entrance door. As far as children and the viewing of the property, ultimately from the entrance on Franklin Street you would have to drive in through a gate into the building to see what was even back there. So ultimately if I pulled my vehicle in you would almost have to stop, pull in the gate to see the vehicles that would be parked in front of the existing building. From the rear where residential homes are there is no view to the property basically at all other than a concrete block wall. So the use of the property nobody would know what it was even being used for. There would be no way to identify what is in the property. The other item when we say "crematory", you're basically have a small flue that comes through the roof, so there's nothing on the property that anyone would even know what was being done there. I think, Tom what size is that ...? MR. TOM KROLL: It's 24" diameter. MR. HAWLEY: How high does it go in the air? MR. KROLL: It's 21 1/2' above the concrete floor where it's installed. MR. URBANSKI: So it's possible only 10' above or less above the building? MR. GENDEL: The ceiling of that building, I believe, is 10' inside so we're probably 12 to 14 to the roof base. MR. URBANSKI: So are you saying then if the letter had not been sent out to the residents within 300' to get this variance, most people would never know what is going on in the building? MR. URBANSKI: Do we have a second ?... Do we have a second? Dies for lack of a second. Is there any other motions? MR. HAWLEY: I'll make a motion that we send it to the Common Council with a Favorable Recommendation. MR. URBANSKI: Do we have a second? MR. PHIPPS: I'll second. A motion to send the Special Exception to the Common Council with a Favorable Recommendation was made by Mr. Hawley and seconded by Mr. Phipps. MRS. HENRY: Mr. Young? MR. YOUNG: Yes. MRS. HENRY: Mr. Matthys? MR. MATTHYS: No. MRS. HENRY: Mr. Phipps? MR. PHIPPS: Yes. MRS. HENRY: Mr. Hawley? MR. HAWLEY: Yes. MRS. HENRY: Mr. Crumlish? MR. CRUMLISH: Yes. MRS. HENRY: Mr. Urbanski? MR. URBANSKI: Yes. The motion carried 5 -1. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36- 7- 4- 918.5; therefore, the petition was sent to the Common Council with a Favorable Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION FOR SPECIAL EXCEPTION SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION LL I' '6` ' THE CHEMICAL COMPONENTS OF CREMATED REMAINS ruou r64 r# P +.. gt L�/1114�i CITY CLERIC, SOUTH BEND, IN The results provided, with the exception of Phosphate and Sulfate, are presented as the element. However, in the body these elements are present as apart of a variety of organic and inorganic compounds. Upon cremation, most of the organic compounds are converted to the metal oxide. Depending on the conditions of cremation, some may also be converted to carbonates. The inorganic compounds may remain as phosphates, sulfates, chlorides or carbonates, or may be partially converted to oxides. The carbon from the carbonates and the oxygen from the oxides and carbonates are not included in the date presented. Those elements are not determined by the testing procedures used for this report. The precision of the testing procedure used is + / -10% of the reported value, i.e. Phosphate reported as 47.5% may be 42.8 to 52.2% Gayle E. O'Neill, Ph.d. TEI Analytical, Inc. Niles, Illinois *PHOSPHATE 47.5% * CALCIUM 25.3% *SULFATE 11.00% * POTASSIUM 3.69% * SODIUM 1.12% * CHLORIDE 1.00% * SILICA 0.9% * ALUMINUM OXIDE 0.72% * MAGNESIUM 0.418% * IRON OXIDE 0.118% * ZINC 0.0342% * TITANIUM Oxide 0.0260% * BARIUM 0.0066% * ANTIMONY 0.0035% * CHROMIUM 0.0018% * COPPER 0.0017% * MANGANESE 0.0013% *LEAD 0.0008% * TIN 0.0005% * VANADIUM 0.0002% * BERYLLIUM <0.0001% *MERCURY <0.00001% CANA After Burner Temperature Study Testing Results Visible Emissions: The visible emissions were evaluated every 15 seconds and rated on a scale from 0% to 100% opacity by a qualified inspector. The opacity readings for each cremation were then averaged over the six- minute period with the highest emissions. Figure 1 shows that visible emissions increased as the operating temperature increased. Comparison is given to a typical state emission limit. Particulate Matter: The results of sampling show that particulate matter emissions also increased with temperature. Overall, the emissions of particulate matter were very low. The average test results for particulate matter (shown in Figure 2) as well as the results for all of the following pollutants, are for the inlet to the scrubber. A comparison of the emissions before and after the water scrubber showed that the device had little to no effect on the emissions of any of the pollutants. Carbon Monoxide: The levels of carbon monoxide (Figure 3) were very low for each test condition, well below the typical state standard of 100 parts per million. Nitrogen Oxides and Sulfur Dioxide: The levels of these gases (shown in Figures 4 and 5) were within acceptable limits. Hydrogen Chloride: Hydrogen chloride (HCl) is a gaseous pollutant produced by the burning of plastics or other material containing chlorine. The HCl emissions would not be expected to change with temperature. The average HCl emission for all the conditions was 0.15 pound per hour of operation. Metals: Like HCI, emissions of mercury, cadmium, and lead are not expected to vary with operating temperature. The metal of concern from crematories is mercury, which mainly comes from dental fillings. The average mercury emission was 0.23 gram per hour of operation. Dioxins and Furans: Dioxins and furans are complex compounds released from many different combustion sources. The presence of chlorine in the combustion process is an important factor for dioxin and furan formation. The test results show that the emissions of dioxins and furans went up as the temperature increased. The emissions, (shown in Figure 6) are low compared to other types of incinerators. The measurement unit is the nanogram, which is one - billionth of a gram. Conclusion: The test results show that the emissions of nearly all the tested pollutants increased when the operating temperature was raised. This indicates that there is no justification or benefit for the high operating temperatures required in many states. The results also demonstrate that crematories are capable of low emissions without the use of additional pollution control equipment. These findings should provide a positive benefit to the cremation industry as the EPA creates the new regulations. deg- F deg. F deg. F Lvrrt Figure 5. Test Results - SuBur Dioxide Emissions- Lb per Hcur 0.1 0.06 - 0 1400 1600 1800 deg.F deg -F deg .F Figure 2, Test Results - Particulate Matter 1 T � Emissions, i1 Lb per HDur g 2 i 4rlrlal �` :- 1400 1600 1800 Fifoace deg. F deg. F deg. F Figure 4. Test Results - Nitrogen Oxides 0s 04 6.35 Emissions- 02 Lb per Hour 0 _ 02 is a a rs er 005 y a 1400 1600 - 1900 Restaurant deg. F deg. F deg. F GO Figure S. Test Results - Dioxins and Furans Emissions - Nanogreme per Woe 1400 1600 1800 deg-F deg.F deg.F CFS-2300 Cremation Chamber from Cremation Systems, CFS -2300 Features Include: ■ Automatic operation ■ High efficiency refractory lining ■ Recessed hot hearth design accommodates large cases, 750 Ibs ■ Cremation status can be sent via email ■ Quick Change hearth tile system ■ Emission monitoring ■ Front loading and retrieval through extra -wide door ■ 150lbs per hour cremation burn rate ■ Touch - screen digital controls ■ PC -based data acquisition and storage ■ Meets all applicable NFPA and UL standards ■ Engineered for installation through an 8' door opening ■ Includes Fire Marshal monitoring system ■ Tek Marshal internet retort diagnostics, optional 2 CFS -2300 Cremation Chamber Made in Illinois! The CFS -2300 has a composite refractory lining, and extra -wide 42" door opening. General Dimensions: Height: T71/2 " Width: 5'3" without control panel 6'4" with control panel Length: 15'4" Hearth area: 42" wide x 89" deep Door opening: 42" wide x 25" high u Utility Requirements: Natural gas: 1000 Btu /cu ft 2350 CFH at 7" w.c. minimum Propane: 2500 Btu /cu ft 940 CFH at 11 "w.c. minimum Electrical: 208/240 VAC, 1 phase, 40 amp Refer to General Specification HS01R -008 SINCE 1968 n�c iNOJ Cremation Systems is pleased to offer IRA the CFS -2300 cremation chamber with Fire Marshal monitoring system. Optional with the CFS -2300: Tek Marshal Internet retort diagnostics. 1*e_1 Olemarton, A e"IA TM Division of Armil CFS, Inc. 15660 South LaSalle Street South Holland, IL 60473 708 - 339 -6810 Fax: 708 - 339 -0517 www.cremsys.com info @cremsys.com @ 2009 -12, Cremation Systems CFS -2300 Cremation Chamber from Cremation Systems Features and Benefits One -step, automatic operation: The CFS -2300 utilizes advanced "Set Point Programming" to control temperature for a completely automatic cremation cycle. High efficiency refractory lining: The CFS -2300 utilizes a combination of premium firebrick, pre -cast refractory shapes and ceramic fiber insulation for a light weight, energy efficent lining. Quick Change hearth tiles: The CFS -2300 Quick Change hearth is a pre -cast refractory tile system. Quick Change tiles are in stock, minimizing cremator down time by allowing for one -day hearth repair and easy sub - hearth access. Automatic pollution monitoring: The CFS -2300 opacity sensor monitors emissions, ensuring EPA requirements are met. Touch- screen digital controls: Case data stored on a flash drive can be automatically sent to any PC or smart phone via email. Remote access via the Internet: Remote access of cremator conditions via the internet for off -site monitoring and alarm notification. The CFS -2300: ■ Extra -wide door opening for easy loading and retrieval ■ Low overall height and weight for ease of installation • Door system features a single air - cooled viewing port, spring- loaded /self- locking door latch to ensure safety, and hydraulic cylinders for door movement. • Control panel may be left or right side mounted, or provided separate for remote installation. ■ Meets or exceeds all applicable NFPA and UL standards. Fire Marshal: The Fire Marshal monitoring system comes standard with the CFS -2300. Refer to Fire Marshal data sheet for additional information. Tek Marshal: Internet retort diagnostic product to identify blown fuses, tripped relays, and dirty smoke meters, without a service tech visit. Cremation Systems is a division of Armil CFS, Inc., manufacturer of high temperature process equipment since 1968. Armil CFS utilizes the finest combustion and control components, refractory and insulating materials to provide premium, high efficiency, low maintenance cremation equipment. Members of NM4 rY National Funeral Directors Association Cremation Association of North America I F DA j FHA Illinois Funeral Directors Association Illinois Cemetary & Funeral Home Association © 2009 -12, Cremation Systems G'hernation, �y4terM4 M 15660 South LaSalle Street • South Holland, 1L 60473 • 708- 339 -6810 • Fax: 708- 339 -0517 Division of Armil CPS, Inc. www.cremsys.com • info @cremsys.com 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 1440 IGNITION DRIVE 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 apd approval by the Mayor. 0 Member of the Council' Filed r Office AUG 16 Z013 CITY CLERK, SOUT K BEAD, IN -i CJ r co (j O y Cron c 'l• 03 CD n�nCD ZF w CD v D z° N nD �„ CD f) O' n N (D C X O O D. N y X N C CD c 7r CD R. N cD N X, .. -1 co G Q Cl O m N a -0 CD N X N v X x N ro- < CD < C lb •, (D 1 CD N r C1 CU CD O O a �• ro .- CD ro O CD cr ti ro ch c (D U) m cvm mC) -I Y 7 a ro N (D N V-) 0 0 o 00) i. a ro D K Z CD W _ v v d W C) y C CD co cn 07 NC 00000 ro N ro m I� ° n (D CJI A W N -+ n N O O (n (n rr CD 1 o iu O O CD � co E- x -1 x 03 < n O CD nro O O O O p 0 C) C) 0 0 C) CD p p v CD c N x CD rn Q ro � X c X O T x O N O A C(�A to cn p m G O x `O Z � .... O c0 N ro O A "�� .p O Ul N A O UI N O V CD V O V O O O j c p 0)) m 0 W I� O O 0~ !f cb m x � � � n co O O W O V -+ O A �Sp 0 _ A A COON A A 'A W 001 0 GJ) O 0Ln O CD Q. A O -+ ccn co -;' O, X Z O � V CA cn U CJ) N m N co CD r cD V C C�`'�• O O) U7 N O V n� CD Q W V 0) co o o N OWO O o O O O o o O O O /j T' \\ _� -• NA T O N V N W O) A Cb 0) CA N O ;P CJti O N O UI OD' -• ccn Ln W0 N A O CO -� CD 0) (.n V (fl A O �l ro N C1 x U) A (A V O V o v (0 W O JI o o W W ' 0 \ �. O A W W G A O A OD m n 0 N cW L 6) OD co W 00 'D ?? O co 'co (A () cn V O w (•J N `ro A A C co (AO CA O O IQ x (D C)� N CA O (n V OWD en O O � O (T Filed _qn ._._ _ " +.!._i .. n �_. _a. 617 R i W _ 93 W m A .. ......,.,......,........a.e. co co N -P a co � � O b p O ICD j O co .. V C9 C10 0 CD O 00 0 eft CITY CLERK, 00014 APIND, M 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT July 26, 2013 SCOTT FORD, EXECUTIVE 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 CaIf me dt 235 -9278. Sincerely, 4odd a"4,— Kathy Hahn Analyst- Economic Resources Attachments c: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding Dave Relos PLANNING NEIGHBORHOOD ENGAGEMENT JITINKAIN 1.. C- 1AMPLAC.,MF.WR Ji Filed in ark's %.Mice F1 ul 2 2013 ECONOMIC RESOURCES DONALD E. INKS EXHIBIT A Qualified Protnerty Listinz 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 8 j BDDBOI 65468270 Data Realty Northern Indiana County Property Tax Exempt Equipment As of February 28, 2013 Asset No. .Asset Description Date Placed in Estimated Acquired Value Service Life I Server Room 1 (MODI) 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 EMX 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 11/1/2012 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(MOD]) 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) II/l/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) H/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) 1 1 /l /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 Folds lerk'& Office CITY CL-114K, 1200 Counn -Ci ry BuMNG 227 W.JEFFERSON BOULEVARD SOL"A-1 BEND, INDIANA 46601 -1830 NMI'.. 5741235-9.371 FAA 574/235 -9021 QTY OF SOUTH BEND PETE B=IGIEG, MAYOR COMMUNITY & .ECONOMIC DEVELOPMENT April 16, 2012 Derek Dieter, President South Bend Common Council 435 County -City Building South Bend, Indiana 46601 RE:DECLARATORY 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 information. �- Filed in Clerk's vIffice ;f U L e; j1 ,,....... Sin erely, D nald E. nks irector, Economic Development COMMUNITY DEVELOPMENT ECmOAfiC. D1 VE[OPMENT PAMEU C. ME•tsa ncq AL, E. hx: 5 ?4741235 -90 57'1!'1.35 -9371 Fnx: 574143 5 -9469 EXHIBIT A LETTER AGREEMENT (see attached) BDDBOI 65465180 Filed Pr,- JUL 426 Lu: CITY CLERK. ioO: IN 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 Exhibit A. 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. BDDB01 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. D/4�'/t By: ompany') D � Printed Name: /21 CA Its: i��refl Wen "T -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_x, 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 Agreement and the Act. the requirements of this ,20_ ATTEST: City Clerk CITY OF SOUTH BEND, INDIANA Mayor Filed frr jol JUL i 3 JOHN -3- C17Y' CLER BDDBOI 6546827v3 �.6k a !+N®, IN C) A Na. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 120 W. LASALLE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN (10) TEN -YEAR REAL PROPERTY TAX ABATEMENT FOR HOFFMAN HOTEL APARTMENTS HOUSING PARTNERS, L.P. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 120 W. LaSalle Street, South Bend, Indiana, and which is more particularly described. as follows: East 87.7 feet Lot 12 Original Plat South Bend and which has Key Number 71 -08 -12 -107- 002.000 -026 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et SeMc ., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. 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. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (10) ten years as shown by the attachment pursuant 2 to Indiana Code 6- 1.1- 12.1 -17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 'Ka x' ,kr'w "OVEla aA� /)- LQew� Member of the Common Counci Gtve�� cound -U 41 'oil I's Issue, Filed III I s c' Office 5E R -3 ZQ1 JOHN VOORDE CITY CLERK, SOUTH SEND, IM 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR August 14, 2013 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: Hoffman Apartments Housing Partners L.P. Dear Council Member Ferlic: PHONE: 574/235 -9371 FAX: 574/235 -9021 Please find attached the Department of Community Investment's report on a real property tax abatement petition for the above - referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the renovation of a building located at 120 W. LaSalle Street. The report contains the Department's findings relative to the above petition. The total cost for the renovation is estimated at $4,000,000. The project meets the qualifications for a ten -year real property tax abatement and a representative from Hoffman Apartments Housing Partners L.P. will be available to meet with the Committee on Monday, September 9, 2013. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call .me at 235 -9278. Sincerely, a,( Kathy Hahn Analyst Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding Dave Relos PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C. MEYER DONALD E. INKS 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR TAX ABA TEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN PHONE: 574/235 -9371 FAx: 574/235 -9021 SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: Hoffman Apartments Housing Partners L.P. DATE: August 14, 2013 On August 13, 2013 , a petition for residential tax abatement consideration for real property located at 120 W. LaSalle Street was filed with the City Clerk by Hoffman Apartments Housing Partners L.P. Pursuant to Chapter 2, Article 6, Section 2 -77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION Italbro Enterprises LLP is the General Partner and the owner of the land. Hoffman Apartments Housing Partners L.P. is the Limited Partner. Italbro Enterprises LLP intends to convey the real estate to Hoffman Apartments Housing Partners L.P. Hoffman Apartments Housing Partners L.P. intends to redevelop the historic Hoffman Hotel located at 120 W LaSalle Street. The 60,000 square foot building will be converted from an office building to affordable apartments to house artists. The estimated dollar value of the project is $4,000,000. Total taxes to be abated during the (10) ten -year abatement period is estimated at $391,974. Total taxes to be paid during the (10) ten -year abatement period is estimated at $1,156,031. Per the petition, the project will create zero permanent full -time and one permanent part-time job within the first year representing a new annual payroll of $35,000 and will maintain zero existing permanent full- PLANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RFSOURCES JITJN KAIN PAMELA C. MEYER DONALD E. INKS South Bend Common Council RE: Hoffman Apartments Housing Partners L.P. August 14, 2013 Page 2 time and zero existing -part-time jobs. ABATEMENT QUALIFICATION A review of the tax abatements previously granted, finds that the petitioner has not been associated with or granted any previous tax abatements. However, the General Partner has been granted tax abatements on Prairie Apartments (2007- 10 year) and Prairie Apartments Phase II (2009 -10 year). 2. The Building Commissioner has reviewed this petition and finds the properties to be properly zoned for the proposed project. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (10) ten -year real property tax abatement under Section 2 -77, Multi- Family Residential Developments. 6. Pay for Municipal Infrastructure: (point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 22- Aug -13 Pay for 26 -50% of Extension Cost N HOFFMAN APARTMENTS HOUSING PARTNERS LP 26 C. Pay for 51 -75% of Extension Cost Public Benefit Points Summary * 0 39 D. Pay for 76 -100% of Extension Cost N Qualify Earned Available Public Benefit Item: Y or N Points Points Proiect Related: 1. A. Redevelop a Site that has Special Needs Y 49 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan Y 36 36 Sub -total Project Related: 85 120 2. Super Size Projects (point values are cumulative): A. 100% to 199% Y 25 25 B. 200% to 299% Y 68 68 C. 300% to 399% Y 65 65 D. 400% and Over Y 52 52 Sub -total Super Size Projects: 210 210 3. Construction Related: A. Employ Local Companies N 0 20 B. Purchase Materials from Local Companies N 0 20 C. Require Employees vs. Independent Contract( N 0 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits N 0 22 F. Require Pension Benefits N 0 18 G. Maintain Affirmative Action Plan N 0 20 Sub -total Construction Related: 0 141 4. Wage & Benefit Related: A. Pay Target Wage Levels N 0 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits N 0 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 0 Sub -total Wage & Benefit Related: 62 162 5.' Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs N 0 41 C. Maintain Affirmative Action Plan N 0 35 D. Provide Targeted Hiring Preference N 0 34 Sub -total Workforce Related: 42 152 6. Pay for Municipal Infrastructure: (point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26 -50% of Extension Cost N 0 26 C. Pay for 51 -75% of Extension Cost N 0 39 D. Pay for 76 -100% of Extension Cost N 0 52 Sub -total Infrastructure Related: 0 131 7. Support a Municipal Facility: A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 399 1000 * Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. PRAIRIE APARTMENTS - PHASE II Additional Years of Abatement Multi- family Development Projects: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Development Projects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 399 Base Years of Abatement 3 Additional Years of Abatement: 7 Total Years of Abatement: 10 CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C., 6 -1.1- 12.1 -1, et sea., and South Bend Municipal Code Sec. 2 -76 et sea., for this petition state the following: Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to your business: The proposed redevelopment of the Historic Hoffman Hotel, _ a l l P 4t will h,- to c-nnvarf tha hu i l d i nn from an office building to affordable apartments to house artists. Land Size < • 5 acres; Building Size +-60,000 sq.ft. 2. Describe the overall nature of the business and of the operations occurring at the Property (Please attach an additional sheet if more space is needed): The property will be professionally managed as an affordable artist apartment building 3. Estimate the dollar value of the project (excluding land): $ 4, 000, 000 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement is: $ 864, 200 (This information may be obtained from the St. Joseph County Assessor's Office 235- 9557. ) 5. (a) The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporation(s) (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST ( %) Italbro Enterprises LLP PO Box 1635, South Bend, IN 46634 100a (Rev 5/13/11) (b) The following other person(s) or corporation(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); NAME ADDRESS INTEREST( %) Hoffman Apartments Housing Partners, L.P. 4000 W 106th Street, Suite 125 -146, Carmel, IN 46032 100% 6. The commonly known address of the Property is: 120 W. Lasalle St, South B nd Indiana 7. The Key Number(s) of said property is: 71-08-12-107-002-000-026 8. A legal description of the above address is attached hereto, marked "Exhibit A," and incorporated herein. 9. A map and /or plat describing the Property is attached hereto, marked "Exhibit B," and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked "Exhibit C," and incorporated herein. 11. The REAL property where the proposed. redevelopment or rehabilitation project will be . carried out is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: South Bend Central Development Area [Downtown] Development Plan 12. The redevelopment or rehabilitation project itself will: (a) create 0 permanent, full -time and 1 permanent, part-time jobs within the first year, representing a new annual payroll of $ 35, 000 ; and (b) maintain o existing, permanent, full -time and o existing, permanent, part-time jobs (including existing, permanent, full -time, minority employment of 0 workers and existing, perma- nent, part-time, minority employment of --L —Workers) with a total annual payroll of $ 35,000 for all existing employees. 13. Provide current wage information for existing employees including: base rate, cost -of- living allowances, hazardous -duty pay, incentive pay including commissions and production bonuses, on -call pay and tips (please show average hourly rate or range). Do Not Include: back pay, jury duty pay, overtime pay, severance pay, shift differentials, non - production bonuses, and tuition reimbursements. Full -Time Part-Time Laborers $_ N/A $ Technical $ $ Managerial $ $ Administrative $ $ (Rev 5/13/11) 2 14. The projected annual salary for each new position indicated in item 12 above is estimated to be as follows (Please attach additional sheet (s) if more space is needed): POSITION (Indicate Full Time [FT] or Part Time [PT]) EMPLOYMENT WAGE Property Manager (PT) $20,000 —Maintenance (PT1 �5 nnn 15. Indicate whether your company provides the following benefits use Y/N : Y Health Care Benefits benefits ( use Pension Plan Y Employer Provided Training (recognized or certified training /educational courses or programs) Day Care (provide or contribute to the cost of child day care for its employees) Transportation Assistance (provide direct or indirect support and assistance to its employees who lack private transportation to get back and forth from residence to place of employment) Employer- Assisted Housing Program (provide an employer- assisted home ownership program) Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the City's Community & Economic Development Department that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 16. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES 2013 $7238 _2012 8 2011 $ 2010 S (This information may be obtained from the St. Joseph County Treasurer's office 235 -9531) (Rev 5/13/11) 3 17. Please list the number of full -time and part -time minority employees for each of the last three years: Year n/a n a _ n/a Full Part Full Part Full Part Black Hispanic Asian Indian Other 18. Does your business maintain a written (formal) affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: 19. Indicate whether or not your project will finance any of the following activities (If desired, please contact the Community & Economic Development Department 235 -9335 for additional information on this section): x Conversion to residential use of a commercial building "Eligible Building" as designated by the Community & Economic Development Department. x Rehabilitation of a building that is either: (a) on the National Register of Historic Places; (b) designated as a local landmark; (c) located in a National Register or local landmark district; (d) eligible for nomination as a National Register or local landmark; or (e) is rated as Outstanding (0/13) or Significant (S/12 or S/11) in the most recent Historic Preservation county- wide survey. Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department. Cleaning up a "Brownfield," which is any site, building, facility or complex that has been designated a brownfield by the Community and Economic Development Department. 20. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (Please attach additional sheet (s) if more space is needed): No. (Rev 5/13/11) 4 21. Will your project achieve one or more physical elements identified in a development or revitalization plan that has been approved by the Common Council? If yes, please explain. Yes it will Provide artist housincr, rehabilitation of as rlacnrihod in tha CR nmanr Plan 22. Does your business provide significant financial support to a Municipal Facility (i.e. municipally owned park, recreation center or cultural arts or entertainment facility or other similar public amenity)? If yes, please explain. No. 23. Is your company _incurring any of the costs of extension or over - sizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (Please attach additional sheet (s) if more space is needed): No. 24. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). 25. Information is required on the construction companies that will be utilized for the construction or rehabilitation associated with the project. (Please complete the table on page 9 of this application). 26. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owner's signature at the end of this application is verification of this statement). 27. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAILS) major group within which the proposed project would be classified, by number and description is: 6513 28. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description is: 531110 29. The current use of the Property is offices cBD and the current zoning is 9554). _ (This information may be obtained from the Building Department 235- (Rev 5/13/11) 30. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and /or personal property), term and date of approval. (Please attach additional sheet(s) if more space is needed) ABATEMENT TYPE TERM DATE OF APPROVAL No, but the General Partner has been granted tax abatements on Prairie Apartments (2007 10 Year) and Prairie Apartments Ahaaa TT (9004 _ �n year.) 31. Other anticipated public financing for the project including, if any, industrial revenue - bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Administration Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund; or other public financial assistance, including but not limited to public works improvements. Federal Low Income Housing Tax Credits from the Indiana Housing and Community Develobment Authority 32. The following person(s) should be contacted as Petitioner's primary agent(s) regarding additional information and public hearing notifications and the following individual(s) may participate at the committee and full council meetings of the South Bend Common Council: Name: William J. Hollingsworth Address: 4000 w. 106th St., Suite 125 -146 City, State, Zip: Carmel IN 46032 Telephone: 317-557-9442 E- mailaddress: whollingsworth @equaldevelopment.com 33. If this real property tax abatement is for warehouse or industrial developments, pursuant to South Bend Municipal Code Sec. 2 -83.2, please indicate the name, address, telephone number and e-mail address of the person who will work with WorkOne Northern Indiana (WNI) or its successor agency for employee recruitment, and sign the required WNI form attached to the petition. Name: Address: City, State, Zip: Telephone: E -mail Address: (Rev 5/13/11) WHEREFORE, Petitioner requests-that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South Bend has beerl paid in full. 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U C C �.� 6-m > �COh 00070 M Jr NM�t�fj Q` Z O v C1J c L 1° N Z � Q South Bend Tax Abatement Ordinance Overview Procedures and General Standards — Abatement in Tiers South Bend's Abatement Program is a program which awards a base level of abatement for any project that meets certain minimum level development standards. Additional years of abatement may be added to this base for projects involving the development or rehabilitation of commercial real property listed in the following table provided the project fosters certain economic development and other public benefits. Base Abatement Base Abatements may be awarded according to the following schedule: Development Area New Rehab. Add- Base Multi - Famil EDTA Constr. $1,000,000 $250,000 On? Yes Yrs 3 Single Famil Ci -wide An Office CBD 15,000 sf 5,000 sf Yes 3 Office EBDA, TAIA 7,500sf 5,000s Yes 3 Retail CBD, EBDA, TAIA An An Yes 3 Retail UEZ An An Yes 3 Mixed Use CBD 155000 sf 5,000 sf 5,000 sf Yes Yes 3 3 Mixed Use EBDA 7,500 sf Institutional CBD, EBDA, UEZ An An Yes 3 Hotel /Motel CBD, EBDA, AEDA 20 rooms n.a. Yes 3 Industrial City-wide 105000 sf 101000 sf Yes 3 Industrial UEZ, RBA An An Yes 3 Warehouse City-wide 25,000 sf 25,000 sf Yes 3 Warehouse EDTA, UEZ, RBA An An Yes 3 Personal Property City -wide Any None No 5 (Equip. & Machinery) Definitions of Area Abbreviations Airport Economic Development Area East Bank Development Area Redevelopment Blighted Area Urban Enterprise Zone Additional Base Abatement Criteria Central Business District Economic Development Target Area Tax Abatement Impact Area The project must be perceived to generate a ten -year financial return (in taxes, fees, pmts, community econ & social benefits...) sufficient to justify the City's direct investment in infrastructure support. A Memorandum of Agreement is executed which speaks to: o The conditions of the abatement o The timeframe for actions o An agreement to respond to surveys related to compliance (Rev. 5113/11) South Bend Tax Abatement Ordinance • An agreement to grant access related to compliance inspections • Any events that might cause termination or payback actions • The applicant must be current in their taxes. • There must be no pattern of local, state or federal law or regulatory violations. Add -On Abatement One to seven additional years abatement may be considered for projects involving certain commercial real property (listed above) that achieve Public Benefit Points described in the following tables: Table I Project Related Actions 749 Redevelop a site which has special needs such as converting a commercial building to residential use, rehabilitating and reusing an historic building, rehabilitating and reusing a property that has been designated a "problem property" by the Community and Economic Development Department, or a in S the cost of cleaning up a Brownfield. Develop a product or business based on licensing intellectual property arising 35 from research conducted at a university in St. Joseph Count . Achieve one or more physical elements identified in a development or 36 revitalization plan that has been approved by the Common Council. Suner -Size Development Artinne (Fnr avrnor7;., , +t. : «: v L__J m _..- ................ . -,- .p VI s . footage required to meet base ear criteria ) Cumulative! 100 to 199% 25 200 to 299% 68 300 to 399% 65 400% and over 52 Construction Related Actions Employ local companies for at least 75% of constructioNwebsite t which is 20 reasonably available local] Purchase 75% of materials local] of that which is reasonably le local] 20 100% of construction workers are employees not Independent ctors 19 Pay 100% of the wage that the US Dept. of Labor has dee 22 prevailing in St. Joseph County. Published on the Davis te at http://www.access.gpo.gov/davis.bacon/. All contractor s must contribute to a health plan. 22 All contractors must contribute to a retirement plan. 18 Contractors must maintain an Affirmative Action Plan. 20 Wa e & Benefit Related Actions of Applicant Pay average of 100% of mean hourly wage reported by the Bureau of Labor 33 Statistics in its most recent Metropolitan Area Occupational Employment Annual Wage Estimates for South Bend, Indiana Metropolitan Statistical Area. (Rev. 5/13/11) 2 South Bend Tax Abatement Ordinance Contribute toward health lan 34 Contribute to pension or retirement plan '29 Provide training to employees which consists of certified training or educational 28 courses or programs conducted within or outside the place of em to ment 183 Provide or contribute to cost of child day care 15 Provide Transportation Assistance to lower income employees such as using 14 public transportation, subsidized public transportation orspecial van services. 267 Provide an employer-assisted home ownership program 9 309 4 Workforce Related Actions of Applicant 351 Create a specified number of new jobs 42 Retain a specified number of existing inhs Maintain or establish an Affirmative Action Plan 35 Provide targeted hiring preference for residents of Census Tracts designated by 34 the Community & Economic Dev. Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals. Pay for extending or over sizing municipal infrastructure including water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, and traffic control and related public Over sizing cumulative "Suchas Pa 26 to 50% of extension (cumulative) Pa for 51 to 75% of extension cumulative Pa for 76 to 100% of extension (cumulative) Support a Municipal Facility Provide significant financial support to a municipally ow ark, recreation, cultural arts or entertainment facilitv. Public Benefit Points and thresholds for Additional Abatement Years The following points must be achieved to earn consideration for each additional year of abatement. Table II - Multifamily Development Projects From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 (Rev. 5/13/11) 3 39 C� South Bend Tax Abatement Ordinance Table III - All Other Development Projects From I To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 & over 7 Additional Requirements All petitioners seeking real property tax abatement for industrial or warehousing developments must agree to work with Workforce Development Services of St. Joseph County or its successor agency when developing plans and recruiting for employment positions created. i f i (Rev. S /13/11) 4 C'MryE; �� ,:' IL ;k4t! , R4 STATEMENT OF BENEFITS zo_ PAY 20_ REAL ESTATE IMPROVEMENTS h' ' Stato norm 51767 tR412 -131 FORM SB•1 / Real Property • Prescribed by the Department of Local Governmen! Finance PRIVACY NOTICE i his statement is being compleled for real properly itiat qualities under the following Indiana Code (check one boy) 1 tie cost and any spec:lic indivicua s Redevelopment or rehabilitation of real estate improvements (IC 6 -1 1- 12.1 -4) salary information is ccnfidenuat ire -' ba;ancc c! thC- rit:ng ,s put:ac rernra -: Residentially distressed area (IC 6 -1.1- 12.1 -4.1) Per IC G -1.1- 12.1 -5 1(cj an.7 (d). INCTRNC DONS "his statement must be submitted to the body designating the Economic Revitalization Area pnor 10 the pubic heanng if the designating body regvires mformahen from the applicant in making its decision about Miether to designate an Economic Revitalization Ares Othenlr'se tiers statement must be .�:ibrmt!&d to the designwing body BEFORE the tedevelopment or rehablitation of real prcperly for :vh,cfi the person i,ishes tc cla+m a deduction 'rProjects" planned or committed to after July 1 19687, and areas designated after July 1, 1987. require a STATEMENT OF BENEFITS (IC 6 -1 1 -12 1) prroval of the designating body (City Councd Town Poard County Counc,l. etc.) .nius! he obtained prior to initiation nt the redevelopment or rehabi.daticn, BEFORE deduction, may be approved To obtain, a deduction, a Form 3221RE must be tiled with the County Auditor before May 10 in the year in which the addition to assessed valuation is made or not later ti; an thirty (30) clays after the assessment notice is mated to the property citner if it +: is marred after April /C if the Properly m'.'ner misscm the May 10 deadiine in the initia! year of occupation., he can apply between /larch 1 and t ✓,ay :0 of a subsequent year trope iy owners whose Statement of Benefits inns approved after June 30. 1991, must atrach a Form CF -1/Rea Property annually to the app!,cabon to compliance i;rth the Statement rf Benefits JIG 6 1 1 -1 r 1.5 1(b) and 1C 6 -1 1.12 1 -5 5(j J `- _he schedules establ shed under IC 6 -1 1 12. 1 -ofd) for rehabililated prnpctfy apply 10 any economic rewtalizttion areas designated after June 30, 2060 un +css an alternative deducborr schedule r; adopted by!he- designapng bcdy (IC 6- 1 1 -12 1 -17; The schedntes effee:,ve pnor to uty ' 2C ✓Q she!; conLrulo to apply to eroncnLr revitalisation areas designated before Ju!y 1, '1000. • - INFORMATION Hoffman Hotel Apartments Housing Partners, L.P. 4000 W. 106th St, Suite 125 -146 William J. Hollinqsworth 317) 557 -9442 whollinasworth(&eoualdevelo 'inr;c G' CCSipnatvul t;Cyy ReS.^,rubn0 m;mr>er City of South Bend Common Council LC , t c ! c,!cperty _..:,a, -r ! di•.!r r „1 Del '20 VV. LaSalle St., South bend: Indiana St. Joseph e Tea! prc_ er.r m^provr_n'_ -rs re1cr^Inp -cni C, ..- .c ..s .,a,. t.cnai .. r ^i5 �1 r.pCp"", ! •r m., .•n -:a i ; -•e rnr,r, ;7: d.:: .ea. 1',' Story build:no to be rehabed into apartments 12101!2014 �.;..,.a•, :rr- ,pi, :!cr: r..Ye:,ra ;, ;:!: dc:y 01/01/2015 [c• re; cee _.'a -es :c ae : sa'ar,cs 0.00 i 50.00 0.00 $0.00 1.00 $35,000.00 REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Conent values — _ — — — — — 864.200.00 hs estirnatec values c! prnpcsed proiec Less values of any property being replaced 0.00 I rdet estimated values upon completion of piejea 2.364.200.00 PROMISED SECTION 5 WASTE CONVERTED AND OTHER BENEFITS i`st,matcd solid waste converted (pounds) cstnnalecl haza(dous waste converted ( pounds) CERTIFICATION SECTION 6 TAXPAYER 1 hereby certify that the representations in this statement are true. - ,ho fixed repro rabve !. Title Cate s,gnutd (month day. year; Member of General Partner 1 0812112013 Page 1 of 2 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4004 Technology Drive AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR THE LEBERMUTH COMPANY, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 4004 Technology Drive, South Bend, Indiana, and which is more particularly described as follows: Lot numbered Six (6) as shown on the recorded Plat of Landmark Business Park, Section 3, recorded April 18, 1985 as Document Number 8506870 in the Office of the Recorder of St. Joseph County, Indiana. and which has Key Number 71- 03 -19- 200 - 010.000 -009, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et sue., and South Bend Municipal Code Sections 2 -76 et sew., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et M., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: . A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. 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. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6- 1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. Rfo ' APPS OVID SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to eight (8) years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 'dQ P Member of the Common uncil O /� y 6'" ... Coun wle .c 6roj G'.�ry tin e''y. ,.-toad in iL 13 �a yam, Gi l T� CLr -.R . o:4>F Li y k i Cr C..�hr[ a lN 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTNE DIRECTOR August 21, 2013 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: THE LEBERMUTH COMPANY, INC. Dear Council Member Ferlic: PHONE: 574/235 -9371 FAX: 574/235 -9021 4�t Please find attached the Department of Community Investment's report on a commercial real property tax abatement petition from the above - referenced Petitioner for property they intend to purchase that is identified as 4004 Technology Drive. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The Petitioner, The Lebermuth Company, Inc. proposes to rehabilitate the building at a cost of $1,200,000. A representative of the Petitioner will be available to meet with the Committee on Monday, September 9, 2013. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -9278. Sincerely, Kathy Hahn Analyst Economic Resources Department of Community Investment Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding Dave Relos PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C. MM. 3 DONALD E. INKS 227 W. JEFFERSON BOULEVARD SUITE. 1400 S. SOUTH BEND, IN 466014830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: THE LEBERMUTH COMPANY, INC. DATE: August 22, 2013 PHONE: 574/235 -9371 FAX: 574/235 -9021 On August 21, 2013, a petition for real property tax abatement consideration for property identified as 4004 Technology Drive was filed with the City Clerk by The Lebermuth Company, Inc. Pursuant to Chapter 2, Article 6, Section 2 -82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY The Lebermuth Company, Inc. is consolidating their Mishawaka and Bremen locations into one location in South Bend. This includes creation of manufacturing, laboratory, & office space. Their renovations will take approximately $1.2 M in order to make the site functional for their needs. The company does fragrance and flavor compounding and R & D work with fragrances and flavors. They also do large batch compounding of essential oils along with the storage, sale, and blending of essential oils and botanious. PLANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C. MFXER DONALD E. INKS RE: Tax Abatement for The Lebermuth Company, Inc. August 21, 2013 Page 2 The Petitioner has just begun collecting information on potential suppliers and contractors for the project. For this reason they were unable to answer the questions related to suppliers of construction materials and construction contractors. They intend to submit this information prior to the Common Council meeting to consider their confirming resolution. At that time final points will be awarded and the length of the abatement term set. Based on current information, the Petitioner will score sufficient points for a six -year term. If they score all of the points for construction they would have enough for eight years. Assuming a six -year abatement term is approved at the Confirming Resolution, the total taxes to be abated during that term are estimated at $22,628. Total taxes to be paid during the six -year term are estimated at $1,039,281. If the tennis eight years, total taxes to be abated are estimated at $29,056. Total taxes to be maid over the eight -year term are estimated at $1,386,823. EMPLOYMENT IMPACT Per the petition, it is estimated that the project will not create any new, permanent full -time positions. However, it will retain fifty -five (55) existing permanent full -time positions, including eight ( 8) existing permanent full -time minority employees, with a total annual payroll of $3,000,000. ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the petitioner has not been granted any previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for up to an eight -year real property tax abatement under Section 2 -82, Industrial Development in the City -wide District. CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C., 6 -1.1- 12.1 -1, et seg., and South Bend Municipal Code Sec. 2 -76 et seg., for this petition state the following: Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to your business: Lebermuth is consolidating their Mishawaka and Bremen locations into one (1) location in South Bend. This includes creation of manufacturin laboratory & office-sipace. Our renovations will take approximately $1.2 M in order to to make the site functional for our needR_ Land Size 7.42 acres; Building Size 118, 000 sq.ft. 2. Describe the overall nature of the business and of the operations occurring at the Property (Please attach an additional sheet if more space is needed): - Fragrance & Flavor compounding R &D work with fragrances & flavors -Large batch compounding of essential oils - Storage, sale & blending of essential oils & botanious 3. Estimate the dollar value of the project (excluding land): $1, 200, 000 Improvements to Property 4. The current assessed valuation _ of the real property before rehabilitation, redevelopment, economic revitalization, or improvement is: $_ 3,855 300 (This information may be obtained from the St. Joseph County Assessor's Office 235- 9557.) 5. (a) The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporation(s) (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST ( %) The Lebermuth Company, Inc. 14000 McKinley Hwy 100 Mishawaka, IN 46545 (Rev 5/13/11) (b) The following other person(s) or corporation(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); NAME ADDRESS INTEREST ( %) 6. The commonly knowrraddress of the Property is: 4004 Technology Drive, South Bend, IN 46628 7. The Key Number(s) of said property is: 71 -03 -19 -200- 010.000 -009 8. A legal description of the above address is attached hereto, marked "Exhibit A," and incorporated herein. 9. A map and /or plat describing the Property is attached hereto, marked "Exhibit B," and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked "Exhibit C," and incorporated herein. 11. The REAL property where the proposed redevelopment or rehabilitation project will be carried out is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: Airport Economic Development Area 12. The redevelopment or rehabilitation project itself will: (a) create 0 permanent, full -time and 0 permanent, part -time jobs within the first year, representing a new annual payroll of $ n/a ; and (b) maintain 55 existing, permanent, full -time and 0 existing, permanent, part-time jobs (including existing, permanent, full -time, minority employment of 8 workers and existing, perma- nent, part-time, minority employment of 0 workers) with a total annual payroll of $ 3, 0 0 0, 0 0 0for all existing employees. 13. Provide current wage information for existing employees including: base rate, cost -of- living allowances, hazardous -duty pay, incentive pay including commissions and production bonuses, on -call pay and tips (please show average hourly rate or range). Do Not Include: back pay, jury duty pay, overtime pay, severance pay, shift differentials, non - production bonuses, and tuition reimbursements. Full -Time Part-Time Laborers $ 13.58 $ n/a Technical $ 23.64 $ n/a Managerial $ 53.80 $ n/a Administrative $ 29 - 08 $ n/a (Rev 5/13/11) , 2 14. The projected annual salary for each new position indicated in item 12 above is estimated to be as follows (Please attach additional sheet (s) if more space is needed): POSITION (Indicate Full Time [FT] or Part Time [PT]) EMPLOYMENT WAGE n/a 15. Indicate whether your company provides the following benefits (use Y /N): Y Health Care Benefits Y- 401xPension Plan Y Employer Provided Training (recognized or certified training /educational courses or programs) N Day Care (provide or contribute to the cost of child day care for its employees) N Transportation Assistance (provide direct or indirect support and assistance to its employees who lack private transportation to get back and forth from residence to place of employment) N Employer- Assisted Housing Program (provide an employer- assisted home ownership program) N Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the City's Community & Economic Development Department that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 16. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES 2013 $ 69,952.14 n/a 2012 8114,155.32 $ 7,393.34 2011 C10S,S26_6A $79,908.20 2010 5101.268.96 817,267.28 2009 $113,795.44 $80,829.89 (This information may be obtained from the St. Joseph County Treasurer's office 235 -9531) (Rev 5/13/11) 17. Please list the number of full -time and part-time minority employees for each of the last three years: Year 2013 2012 2011 18. Does. your business maintain a written (formal) affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: N/A 19. Indicate whether or not your project will finance any of the following activities (If desired, please contact the Community & Economic Development Department 235 -9335 for additional information on this section): Conversion to residential use of a commercial building "Eligible Building" as designated by the Community & Economic Development Department. A Rehabilitation of a building that is either: (a) on the National Register of Historic Places; (b) designated as a local landmark; (c) located in a National Register or local landmark district; (d) eligible for nomination as a National Register or local landmark; or (e) is rated as Outstanding (0/13) or Significant (S/12 or S/11) in the most recent Historic Preservation county- wide survey. Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department. X/g Cleaning up a "Brownfield," which is any site, building, facility or complex that has been designated a brownfield by the Community and Economic Development Department. 20. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (Please attach additional sheet (s) if more space is needed): n/a (Rev 5/13/11) q Full Part Full Part Full Part Black 1 0 2 0 2 0 Hispanic 5 0 7 0 9 0 Asian 2 0 2 0 2 0 Indian 0 0 0 0 0 0 Other 0 0 0 0 0 0 18. Does. your business maintain a written (formal) affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: N/A 19. Indicate whether or not your project will finance any of the following activities (If desired, please contact the Community & Economic Development Department 235 -9335 for additional information on this section): Conversion to residential use of a commercial building "Eligible Building" as designated by the Community & Economic Development Department. A Rehabilitation of a building that is either: (a) on the National Register of Historic Places; (b) designated as a local landmark; (c) located in a National Register or local landmark district; (d) eligible for nomination as a National Register or local landmark; or (e) is rated as Outstanding (0/13) or Significant (S/12 or S/11) in the most recent Historic Preservation county- wide survey. Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department. X/g Cleaning up a "Brownfield," which is any site, building, facility or complex that has been designated a brownfield by the Community and Economic Development Department. 20. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (Please attach additional sheet (s) if more space is needed): n/a (Rev 5/13/11) q 21. Will your project achieve one or more physical elements identified in a development or revitalization plan that has been approved by the Common Council? If yes, please explain. Yes, this proiect will revitalzie a vacant building in the AEDA. It will also create and sustain manufacturing jobs in an area targeted for industrial development. 22. Does your business provide significant financial support to a Municipal Facility (i.e. municipally owned park, recreation center or cultural arts or entertainment facility or other similar public amenity)? If yes, please explain. Average charitable donations range from $12,000 to $22,000 23. Is your company incurring any of the costs of extension or over - sizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (Please attach additional sheet (s) if more space is needed): NSA 24. Information is required. on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). 25. Information is required on the construction companies that will be utilized for the construction or rehabilitation associated with the project. (Please complete the table on page 9 of this application). 26. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owner's signature at the end of this application is verification of this statement). 27. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAICS) major group within which the proposed project would be classified, by number and description is: 424990 - non - durable goods merchant or wholesale 28. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description is: 424990 - non - durable goods - merchant or wholesale 29. The current use of the Property is vacant and the current zoning is - LI -Light Ind (This information maybe obtained from the Building Department 235- 9554). (Rev 5/13/11) 30. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and /or personal property), term and date of approval. (Please attach additional sheet(s) if more space is needed) ABATEMENT TYPE TERM DATE OF APPROVAL N/A 31. Other anticipated public financing for the project including, if any, industrial revenue - bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Administration Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund; or other public financial assistance, including but not limited to public works improvements. Small Business Adminstration Section 504 through the Business Development Corporation 32. The following person(s) should be contacted as Petitioner's primary agent(s) regarding additional information and public hearing notifications and the following individual(s) may participate at the committee and full council meetings of the South Bend Common Council: Name: Tim Baker Address: 227 S. Main St Suite 200 City, State, Zip: South Bend, IN 46601 Telephone: 574 - 217 -4478 E -mail address: tbaker @hol l adayprOnert es _ com 33. If this real property tax abatement is for warehouse or industrial developments, pursuant to South Bend Municipal Code Sec. 2 -83.2, please indicate the name, address, telephone number and e-mail address of the person who will work with WorkOne Northern Indiana (WNI) or its successor agency for employee recruitment, and sign the required WNI form attached to the petition. Name: /io" -41zk Address: i L+oM Nt_L1,1 k1 Hu W City, State, Zip: i �, �+ E� Telephone: S -14 - Zff ey- '?toc, E -mail Address: (Rev 5/13/11) 6 WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): Lrz cc),, By: �l (Signed Name) (Typed or printed name and capacity of signor if signed by an agent or representative of the owner.) s)G �' l- f :..; (Rev 5/13/11) 7 EXHIBIT A Lot Numbered Six (6) as shown on the recorded Plat of Landmark Business Park, Section 3, recorded April 18, 1985 as Document Number 8506870 in the Office of the Recorder of St. Joseph County, Indiana. Filed In Clerk's office [A:UG -19 1 L"013 CITY CLERK, Eh�, IN m m x W i man Eon ILI V z x= 31 35 as } !3 W rc ; STATEMENT OF BENEFITS a REAL ESTATE IMPROVEMENTS +y State Fonn 51767 /1-07) ,• `� Prescribed by the De partment - of Local Government Finance 20 pqy 20 This statement is being completed for real property that qualifies under the FORM SB- ❑ Redevelopment or rehabilitation of real estate improvements (IC 6- 1.1- i2.1 -4 1 !Real Property � Eligible vacant building ollowing Indiana Code (check one box): g (IC 6 -1.1- 12.1 -4.8) ) , INSTRUCTIONS. >. This statement must be submitted to the body designating the Economic Revitalization Area information from the applicant in making its decision about whether to designate an ion Ar submitted to the designating body BEFORE the redeye% Projects" planned or committed to after July 1; >gg7 ea prior it the public hearing if the thistae pment or rehabilitation of real Property Revitalization Area. designating body requires 2. Approval of the designating body and areas designated after Jul p perry for which the Person wishes to clam a deduction t be Y (City Council, Town Board, Coun Y 1987, require a STATEMENT OF BEFORE a deduction may be a 3. To obtain a deduction, application PProved. tY Council, etc.) must be obtained prior to initiation of the redeye% shown (1) May 10, or 2 Form 322 ERA/RE or Form 322 ER Whichever 6ENEF /TS. (IC 6- 1.1.12.1) ()thirty (30) days rM 3 the notice of addition 2 ERA1 VBd , new assessment ' pment or rehabilitation, 4, Property wne scord whose Statement township Benefits ss was 'approved is a pp /icab /e, must be filed with the Count show compliance with the Statement of Benefits. [IC 6-1,1-12.1-5. 1 b attach CF- is mailed to the prop YAuditor by the later 5. The schedules established under /C 6 -1. >- 12.9.4(d) �rehabilitafrted June oe ert 1991 p perry °caner at the address O and y 6-1:1-12 and n 2 1 a Form 1 /Real Prop ert of benefits approved on or after Jul > Y annually to the a July 1, 2000. Y 2000. The schedules effective prior to Jul 1, PP11cation to p p y and under lC 6-1.1-12 1-4 8(1) for vacant buildings apply to any statement • Y 2000, shall continue to a Name of taxpayer PPIy to a statement of benefits filed before The Lebermuth •� • Company Inc, Address of taxpayer (number and street city, state, and Zlp code) 14000 Mr V4 --i__ � contact person — L4 — c713Qo,,jw Of property -- ..r•.� eai property improvements, -,development, or rehBabil led (use Renovation of office and warehouse number Salaries • • 55 • • 3,000, 0 0 0 Number retained • 55 NOTE: Pursuant to IC 6- 1.1- 12.1 -5.1 • • • is confidential. (d) (2) the COST of the property Current values Plus estimated values of proposed proje Less values of any property being replan Net estimated values i, r9' upon completion of - Estimated solid waste converted (pounds) Other benefits I hereby certify that the representations in this statement are true, natur on ed re re / ative Page 1 of 2 Telephone �number ,�Y Y - Z.f' - County sheets address Resolution n- ern DLGF taxing .— Estimated start date (month, day, year) 9/1/2013 Estimated completion date (month, day, year • - 11/15/2013 ) Salaries 3,00() 1 0 0 Number additional 0 0 Salaries 0 REAL ESTATE IMPROVEMENTS COST 2 2!%, 0 0 0 ASSESSED VALUE Estimated r�r .. Date signed (onth, da p m Y Year) D -r'G. Lori 22- Aug -13 Public Benefit Points Summary * * Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. Qualify Earned Available Public Benefit Item: Y or N Points Points Proiect Related: 1. A. Redevelop a Site that has Special Needs N 0 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan N 0 36 Sub -total Project Related: 0 120 2. Super Size Projects (point values are cumulative): A. 100% to 199% Y 25 25 B. 200% to 299% Y 68 68 C. 300% to 399% Y 65 65 D. 400% and Over Y 52 52 Sub -total Super Size Projects: 210 210 3. Construction Related: A. Employ Local Companies N 0 20 B. Purchase Materials from Local Companies N 0 20 C. Require Employees vs. Independent Contract( N 0 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits N 0 22 F. Require Pension Benefits N 0 18 G. Maintain Affirmative Action Plan N 0 20 Sub -total Construction Related: 0 141 4. Wage & Benefit Related: A. Pay Target Wage Levels N 0 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 Sub -total Wage & Benefit Related: 91 162 5. Workforce Related: A. Create New Jobs N 0 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan N 0 35 D. Provide Targeted Hiring Preference N 0 34 Sub -total Workforce Related: 41 152 6. Pay for Municipal Infrastructure: (point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26 -50% of Extension Cost N 0 26 C. Pay for 51 -75% of Extension Cost N 0 39 D. Pay for 76 -100% of Extension Cost N 0 52 Sub -total Infrastructure Related: 0 131 7. Support a Municipal Facility: A. Support a Municipal Facility Y 84 84 Total Public Benefit Points: 426 1000 * Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. Additional Years of Abatement Multi - family Development Projects: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Development Projects: From To Additional Years 0 300 0 301 357 1 35.8 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 426 Base Years of Abatement 3 Additional Years of Abatement: 3 Total Years of Abatement: 6 22- Aug -13 Public Benefit Points Summary * * Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. Qualify Earned Available Public Benefit item: or N Points Points Proiect Related: 1. A. Redevelop a Site that has Special Needs N .0 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan N 0 36 Sub -total Project Related: 0 120 2. Super Size Projects (point values are cumulative): A. 100% to 199% Y 25 25 B. 200 % to 299% Y 68 68 C. 300% to 399% Y 65 65 D. 400% and Over Y 52 52 Sub -total Super Size Projects: 210 210 3. Construction Related: A. Employ Local Companies Y 20 20 B. Purchase Materials from Local Companies Y 20 20 C. Require Employees vs. Independent Contract( Y 19 19 D. Require Target Wage Levels Y 22 22 E. Require Health Benefits Y 22 22 F. Require Pension Benefits Y 18 18 G. Maintain Affirmative Action Plan Y 20 20 Sub -total Construction Related: 141 141 4. Wage & Benefit Related: A. Pay Target Wage Levels N 0 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 Sub -total Wage & Benefit Related: 91 162 5. Workforce Related: A. Create New Jobs N 0 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan N 0 35 D. Provide Targeted Hiring Preference N 0 34 Sub -total Workforce Related: 41 152 6. Pay for Municipal Infrastructure: (point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26 -50% of Extension Cost N 0 26 C. Pay for 51 -75% of Extension Cost N 0 39 D. Pay for 76 -100% of Extension Cost N 0 52 Sub -total Infrastructure Related: 0 131 7. Support a Municipal Facility: A. Support a Municipal Facility Y 84 84 Total Public Benefit Points: 567 1000 * Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. Additional Years of Abatement Multi - family Development Projects: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Development Projects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 567 Base Years of Abatement 3 Additional Years of Abatement: 5 Total Years of Abatement: 8 M 3 a N N L J m E W A� W J+ ^W LiL r Q W t0 .--'2 o 0 a a 0 (0 V' N mMN V m N r(D "I O N 00 N (O W }O N O M N hO 00 Orh O COOh N V'Nh r M r � V 0000 ca0 OOO (L0 LOrn LO V N CM OMO W O N V'COr N Nh }O O to Oo N V- N CO O M O O N CLo� N N V'r r M r c} 0 0 CO 0 0 0 0 0 r 0 N r O @0000 co Ocoh O h O OM'OOM N N`d'Ih NCC)h }COON 0 O -1V'n (00 00 0 0 M O N V'IN r C o M 0 0 0 0 o N O N m M N 6 x O N m N * N C'0 R N OMB Z ~dl N a m"O �00MN r00N N Vti C.0 CON �U')_tirh W O NM V'O 31 N ONhO 00 O O N O C')h- N 'It Nh r hhhhhh r r r r r r co O C C r U C N o NOOOO O 0 0 0 0 o N 00h N O N ON O (0 N F. 00 V'M CD Cl) N O V' N m 00 N +0.. fB 00 O C' C C C' N N M 00 O N N O f6I t V' N N r 0 O >. O O h 00 51 CO O Q (O O V' CM N r N Q Q 000 0'00 LO NNh `�-N N = x C r O N Q X00 0 `-0 0 0 0 o Mh(O 0hC.0 N 3 N 00000 0 0 �O OMO O CD �1M00(07 co wOU) NNCn CZ NI NNNNNN N O a OId O 0 r }0000 N 0 MC`•)O C.0 VO O02SH E OOOO(O CD O 0 Cl O co N O N N O 00 000 O m N h r V' N h r O m h h h h h h r r r r r r CO p C N _0 M r CM r •- M U .0 y 0 2 j N W > m 0 N O 0 0 0 0 O a) o O O O m C 0 0 a) N N y co 00 co co m O .2 O O 0 0 C6 O O O O L E MO M 00 N h m 00 00x0-1 O N 00 N h� z N I N 0 0 0 0 0 0 .h- L x (� >> LO CD O NO V'h(O (00(0 d~ hhhh hh N �+Co N p >mOO NO 00 O NCOh V'Mh r MMM(`M CM CM N L C Q M r e} ~ U 0 y 4 f6 C a) C O O a M h (O m h (D (O -(O CO CO (D CO 0 .2 a) m N O O M M 00 N V' CO O (C (Om O m O CO N-1 X N 0 0 0 0 0 0 31 -15131 -1T M O .L.+ 30 N wx .XH O :C 0 O U� MM CD M O M O�-1 C V Cl) W m mmmmm m C 0 M M M M m C C oO m0 r � r r r r r r N N U Na M Cl) O > CD ?. U U 3 Co O W N y > EN O rNM V'OCD (y6 ZQ Q) }I y '� N N o a) ; 0 oN a) y N C f6 O� O M 0 ) C O Y d E '- O l H 0- x N M O y 7 H U w y o > ay v �w N a T C .fl O S—C, N O m 7 N a C E. O O j> y C co U y N CD x U x Y �" -0 2 F- �Y C ) � ` Umaa, _0 �oivcw m �x y E a� X S m f' Y 7 G% cyq N C O 7� 2 2 7 y C6 ¢¢ y �z ° 0- 2z 2U m UD = E cQQ E HU a) y 7 y a U) = 3 co -j I ... 6 I�A� 940- t 3- ('0 \, ---- RESOLUTION NO. A RESOLUTION WAIVING THE REQUIRED FILING DATE OF MAY 15, 2013 AND ACCEPTANCE OF THE DEDUCTION APPLICATION OF THE LATE FILING OF DEDUCTION APPLICATION FOR THE NEW REAL PROPERTY ADDITION LOCATED IN AN ECONOMIC REVITALIZATION AREA FILED UNDER RESOLUTION 4077 -11 FOR MCCORMICK AND COMPANY, INC. LOCATED AT 3425 W. LATHROP DRIVE Whereas, The State of Indiana, County of St. Joseph, Adopted by the Common council of the City of South Bend, Indiana commonly known as 3425 W. Lathrop Drive, South Bend, Indiana had adopted Resolution 4077 -11, pursuant to Indiana Code 6 -1.1 -12.1 to be an economic revitalization area for purposes of an eight (8) year real tax abatement for McCormick and company, Inc. Whereas, Resolution 4077 -11 was presented and adopted by the Common Council on January 24, 2011. Whereas, Ms. Deidre Cassidy, Director of State and Local Tax for McCormick and Company, Inc. states that the Application for Deduction from Assessed Valuation for New Manufacturing Equipment in Economic Revitalization area (Form 322) was never received by McCormick and Company, Inc. Whereas, the Auditor's Office states that it has never received the required Form 322. Whereas, the tax bill which was to have been 100% abated results in a tax being due of Now, therefore be it resolved by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. The petitioner has presented testimonial evidence of the following facts in support of this resolution: A. The Department of Community Investment Department cannot find the required Form 322 in the department files. B. The stated property cannot afford this large tax bill at the present time. The 2012 taxes payable 2013 would be $44,844.34 with the abatement and $117,742.72 without the abatement. C. McCormick and Company, Inc. has met or exceeded all financial goals stated in their original petition for a tax abatement. The initial cost of the project was estimated to be $5,894,948 and the actual cost was $7,721,643. The company committed to creating five (5) new permanent full time jobs with a payroll of $177,240 and they have created twelve (12) additional jobs with a payroll of $545,958. The company was to retain one hundred twenty -three (123) jobs with a payroll of $6,288,000. They have retained one hundred twenty -three (123) employees with a payroll of $5,596.069. D. The project is an outstanding asset to this community. E. The tax abatements received from the City of South Bend play a key role in the company's decision to invest in the City of South Bend. F. All other required documentation has been received from McCormick and Company, Inc. by the required due dates. SECTION ll. The foregoing facts, taken together, lead the Common Council to conclude that compelling reasons exist to waive the filing deadline. Section III. The Common Council hereby waives the filing deadline of May 15, 2013 and pursuant to Indiana Code 6 -1.1- 12.1 -4.8 adopts this resolution that authorizes acceptance. Member of the Common Council rn Gounoil a PRESENTEd and Filed In C t ..: flee SEP - 3 2013 CITY CLERK, SOU 1 awe BEND, IM 227 W. JEFFERSON BOULEVARD SUITE. 1400 S. SOUTH BEND, IN 46601 -1830 August 20, 2013 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Real Property Tax Abatement Petition for: McCormick & Company, Inc. Dear Council Member Ferlic: PHONE: 574/235 -9371 FAX: 574/235-9021 McCormick & Company, Inc..was approved for an eight year real property tax abatement on January 24, 2011 through resolution number 4076 -11. The resolution which was sent to the petitioner by the City Clerk's office was numbered Resolution 4076 -10. In August of 2010, Bob Mathia did send a letter to the petitioner referencing the necessity to file a Form 322 to insure that the petitioner would receive an abatement but it was sent for Resolutions 4038 -10 and 4049 -10 which were for the project before McCormick & Company, Inc. decided to upgrade their project. A form 322 was not sent out by Mr. Mathia pertaining to Resolution 4076 -11. The filing deadline for Form 322 was May 15, 2013. The petitioner did not file a Form 322. The petitioner maintains that they did not know they had to file a Form 322 for Resolution 4076 -11. The company is requesting a resolution from the Common Council waiving the filing date for the Deduction Application. A representative of the company will be available to meet with the Committee on Monday, September 9, 2013. . To accomplish this request, a tax abatement recipient must notify the Council in writing. Attached you will find a letter from the company's representative, Deidre Cassidy, Director of State and Local tax, requesting the waiver. 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 HahjV Economic Development Specialist =iced In Cler'k's Office AUG 20 ZU13 JohN ii'00h0 Attachments CITY CLERK.. SOUTh Ormm 7, 6- � c: South Bend Common Council Members Mayor Pete Buttigieg Scott Ferd PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C. MEYER DONALD E. INKS . *---7 Veo, 1 i McCORMICK & COMPANY INC. 18 LDVETON CIRCLE, SPARKS. MD 21152 -6000 USA /TEL (410) 771 -7301 FAX (410) 771.7462 August 19, 2013 To Whom It May Concern: McCormick and Company, Inc. (McCormick) respectfully requests that the Common Council of South Bend consider a "Waiver of Non Compliance" for the non - filing of Form RE 322 for a real estate tax abatement related to Resolution #4077 -11. We are requesting this waiver because we were not aware of the need to file Form RE 322 and had we known we were supposed to file Form RE 322, we would have filed the form in a timely manner. McCormick did receive a letter form Bob Mathias dated August 3, 2010 related to Resolutions No. 4038 -10 and 4039 -10 stating that a number of forms including the RE 322 would need to be filed pertaining to these Resolutions. Soon after these approvals McCormick began to consider expanding the project to be a much larger undertaking. McCormick later submitted new paperwork for the expanded project which then went before the Common Council January 24, 2011. This paperwork generated a new file and new Resolution numbers. The approvals related to the earlier projects (Resolutions No. 4038 -10 and 4039 -10) were disregarded at that time. New Resolution numbers were issued in February of 2011, 6 months after the earlier project approvals. There was no additional letter that McCormick received related to the updated Resolutions. For McCormick's filing purposes, the letter that was received from Bob Mathias back in August of 2010 was filed with the paperwork related to the prior resolutions and was not included with the file that included the new Resolution #4077 -11 that we are discussing here. Additionally, it has come to our attention that the City issued an incorrect resolution number at that time and the Resolution we received was Resolution #4077 -10 which we have now learned should have been Resolution #4077 -11. Below is a description of the project referred to in this request: Proiect SH marX of Resolution 4077 -11 In February 2011, McCormick applied for a real property tax abatement based on our consideration of South Bend for a possible expansion. The Common Council approv5,000 square foot expansion to our ed an eight (8) year tax abatement for McCormick for a 7 manufacturing facility located at 3425 West Lathrop Drive in South Bend. The estimated investment in the facility at that time was $5,894,948 and McCormick committed to creating five (5) new, permanent full time jobs with an estimated annual payroll of approximately $177,240. McCormick also promised to retain the one hundred twenty- three (123) existing, permanent full -time jobs. Total future estimated annual payroll would be approximately $6,288,000. McCormick completed this project in at the end of 2012 with a total investment of $7,721,643. We created an additional twelve (12) jobs totaling one hundred and thirty - five (13 5) permanent full -time jobs with an annual payroll of $6,140,027. McCormick worked very closely with the South Bend Common Council when they were considering expanding in IN for this project The tax abatements we received from the City of South Bend play a key role in our decision to invest in the State of Indiana and the City of South Bend. McCormick is constantly to consider IN as a possible location for future investments expanding p s and e 1. like Thank in advance for your understanding in this matter. If you have questions, please feel free to contact me at 410 -771 -7381. 1:erely, Deidre Cassidy Director of State and Local Tax RESOLUTION NO. A RESOLUTION WAIVING THE REQUIRED FILING DATE OF MAY 15, 2013 AND ACCEPTANCE OF THE DEDUCTION APPLICATION OF THE LATE FILING OF DEDUCTION APPLICATION FOR THE NEW REAL PROPERTY ADDITION LOCATED IN AN ECONOMIC REVITALIZATION AREA FILED UNDER RESOLUTION 4077 -11 FOR MCCORMICK AND COMPANY, INC. LOCATED AT 3425 W. LATHRUP DRIVE Whereas, The State of Indiana, County of St. Joseph, Adopted by the Common Council of the City of South Bend, Indiana commonly known as 3425 W. Lathrup Drive, South Bend, Indiana had adopted RESOLUTION 4077 -11, pursuant to Indiana Code 6 -1.1- 12.1 to be an economic revitalization area for purposes of an eight (8) year real tax abatement for McCormick and Company, Inc. Whereas, Resolution 4077 -11 was presented and adopted by the Common Council on January 24, 2011. Whereas, Ms. Deidre Cassidy, Director of State and Local Tax for McCormick and Company, Inc. states that the Application for Deduction from Assessed Valuation for New Manufacturing Equipment in Economic Revitalization area ( Form 322) was never received by McCormick and Company, Inc. Whereas, the Auditor's Office states that it has never received the required Form 322 Whereas, the tax bill which was to have been 100% abated results in a tax being due of $. Now, therefore be it resolved by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. The petitioner has presented testimonial evidence of the following facts in support of this resolution: A. The Department of Community Investment Department cannot find the required Form 322 in the department files. B. The stated property cannot afford this large tax bill at the present time. The 2012 taxes payable 2013 would be $44,844.34 with the abatement and $117,742.72 without the abatement. C. McCormick and Company, Inc. has met or exceeded all financial goals stated in their original petition for a tax abatement. The initial cost of the project was estimated to be $5,894,948 and the actual cost was $7,721,643. The company committed to creating five (5) new permanent full time jobs with a payroll of $177,240 and they have created twelve (12) additional jobs with a payroll of $545,958. The company was to retain one hundred twenty -three (123) jobs with a payroll of $6,288,000. They have retained one hundred twenty -three (123) employees with a payroll of $5,596,069. E. The project is an outstanding asset to this community. F. The tax abatements received from the City of South Bend play a key role in the company's decision to invest in the City of South Bend. G. All other required documentation has been received from McCormick and Company, Inc. by the required due dates. SECTION 11. The foregoing facts,'taken together, lead the Common Council to conclude that compelling reasons exist to waive the filing deadline. SECTION III. The Common Council hereby waives the filing deadline of May 15, 2013 and pursuant to Indiana Code 6- 1.1- 12.1 -4.8 adopts this resolution that authorizes acceptance. Member of the Common Council ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION'S 2014 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2014 Pursuant to Indiana law, the South Bend Public Transportation Corporation is required to submit its proposed budget and tax levy to the Common Council of the City of South Bend for adoption. Specifically, Indiana Code § 6- 1.1 -17 -20 requires that the South Bend Public Transportation Corporation;,as a political subdivision governed by a majority of unelected officials, submit its proposed budget and property tax levy to the Common Council of the City of South Bend. Pursuant to Indiana Code § 6- 1.1- 17- 20(e), the Common Council of the City of South Bend is required to review the South Bend Public Transportation Corporation's budget and proposed tax levy and adopt a final budget and tax levy for the South Bend Public Transportation Corporation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The South Bend Public Transportation Corporation's budget for the year ending December 31, 2013 in the sum of $12,136,126.00, as shown on Budget Form 4 -A, filed with the Common Council on August 28, 2013, is appropriated, adopted, approved and ordered set apart out of the several funds herein named and for the purposes herein specified, subject to the laws governing the same. Such sums herein appropriated shall be held to include all expenditures authorized to be made during the year, unless otherwise expressly stipulated and provided for by law. In addition, for the purpose of raising revenue to meet the necessary expenses of the South Bend Public Transportation Corporation, a total property tax levy of $3,922,136.00 and a total tax rate of 0.1259 as shown on Budget Form 4 -13 are also appropriated, approved and adopted. SECTION 2. This Ordinance shall be in full force and effect from and after its passage by the Common Council of the City of South Bend and approved by the Mayor. Attest: City Clerk ✓�- D. Member, South Bend Common ouncil Sligning couneli awon 031 WS issued yr. Presented by me to the Mayor of the City of South Bend, Indiana on the 2013, at -- o'clock ______. m Approved and signed by me on the at — o'clock, _.m 1 d READING `— `J 0 PUBLIC HEARING 3 rd READiP`G NOT APPROVED REFERRED PASSED day of City Clerk, Deputy day of , 2013, Mayor, City of South Bend, Indiana Filed In Clerk's Office FAU55 JOIN VOCMVE CITY CLERK, SO 1'4 BEND, IN South Bend Public Transportation Corporation Via Hand Delivery August 28, 2013 Mr. Derek D. Dieter President - City of South Bend Common Council County - City Building - Room 4005 South Bend, IN 46601 Dear President Dieter: Enclosed an original and several copies of: Filed ilkt r ;; yF CITY CLEPt, -, 3k)U,r;,J Im AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORTATION'S 2014 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVNUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2014 Due to a recent enactment of Indiana law, Transpo is required to submit its proposed budget and tax levy to the City of South Bend Common Council (the "Council ") for adoption by the Council. Specifically, Indiana Code § 6-1.1-17-20 requires that Transpo, as a political subdivision governed by a majority of unelected officials, submit its proposed budget and property tax levy to the Council for adoption. Pursuant to I.C. § 6- 1.1- 17- 20(e), the Council should review Transpo's budget and proposed tax levy and adopt a final budget and tax levy for Transpo. I.C. § 6- 1.1 -17 -3 sets forth the publication requirements relating to the Council's adoption of Transpo's budget and levy. Pursuant to this code section, the first publication of Transpo's budget must occur by September 6, 2013 and the second publication must be made by September 13, 2013. Transpo's Board of Directors will vote to approve the budget and levy after it is formally adopted by the Council. Transpo's Board of Directors will vote to approve the budget and levy at Transpo's regularly scheduled monthly Board meeting on October 21, 2013. Transpo's budget was filed with the Common Council on August 28, 2013. Transpo will present this Ordinance to the Council. In attendance will be myself along with our Controller, Christopher Kubaszak. Tranppo's General Counsel, Jamie C. Woods, may also attend along with Members of Transpo's Board of Directors. On behalf of Transpo's Board of Directors, the Council's assistance in this budget process is greatly appreciated. Sincerely, David Cangany General Manager, South Bend Public Transportation Corporation (574) 232 -9901 . FAX (574) 239 - 2309.1401 S. Lafayette Blvd. • P.O. Box 1437 • South Bend, IN 46624 rk0 1 44, Aiiiiii( South Bend Public Transportation Corporation Via Hand Delivery August 28, 2013 Mr. Derek D. Dieter President - City of South Bend Common Council County - City Building - Room 400S South Bend, IN 46601 Dear President Dieter: Enclosed are two (2) copies of the South Bend Public Transportation Corporation's ( "Transpo's ") 2014 Operating and Capital Budget. Due to a recent enactment of Indiana law, Transpo is required to submit its proposed budget and tax levy to the City of South Bend Common Council (the "Council ") for adoption by the Council. Specifically, Indiana Code § 6- 1.1 -17 -20 requires that Transpo, as a political subdivision governed by a majority of unelected officials, submit its proposed budget and property tax levy to the Council for adoption. Pursuant to I.C. § 6- 1.1- 17- 20(e), the Council should review Transpo's budget and proposed tax levy and adopt a final budget and tax levy for Transpo. I.C. § 6- 1.1 -17 -3 sets forth the publication requirements relating to the Council's adoption of Transpo's budget and levy. Pursuant to this code section, the first publication of Transpo's budget must occur by September 6, 2013 and the second publication must be made by September 13, 2013. Transpo's Board of Directors will vote to approve the budget and levy after it is formally adopted by the Council. Transpo's Board of Directors will vote to approve the budget and levy at Transpo's regularly scheduled monthly Board meeting on October 21, 2013. On behalf of Transpo's Board of Directors, the Council's assistance in this budget process is greatly appreciated. As I have expressed to the City of South Bend's Controller, I am willing to assist in this process in any manner whatsoever. Please contact me if you would like to discuss any aspect of the adoption of Transpo's budget. S lt� Christopher Kubaszak Controller, South Bend Public Transportation Corporation (574) 232 -9901 - FAX (574) 239 -2309 .1401 S. Lafayette Blvd. • P.O. Box 1437 -South Bend, IN 46624 SOUTH BEND PUBLIC TRANSPORTATION CORPORATION 2014 FISCAL OPERATING & CAPITAL BUDGET January 1, 2014 through December 31, 2014 Prepared By South Bend Public Transportation Accounting Staff SOUTH BEND PUBLIC TRANSPORTATION CORPORATION SOUTH BEND, INDIANA 2014 FISCAL YEAR BUDGET REQUEST TABLE OF CONTENTS BUDGET ESTIMATE FOR 2014 PROJECTIONS/ ASSUMPTIONS 2014 Revenue Projection.... - 1 ............ ............................... 2014 Expense Projection .............................. 2 2014 Appropriations ... ............................... 2014 Budget Assumptions ..... ..............................: ................ ..............................3 2014 Budget Policy Statements ........ ............................... 6 ........................ 2014 Budget Summaries by Category — All Accounts ........... ..............................7 2014 Capital Requirement ............... ...........................15 z O O IL w O v Z z O o Q v W O w CL a V) W z Q z w W J � m N IL 0 z W m 2 H O U) � Q N J ui C7 N (~� � Q \° 0 co r' N \° 0 O O C \° 0 O (O (N ° � co I Co ° \ O Wp V) 0 e N N t- N 0 \ co M N 0 e t` CO C 0 o\ O O C 0 \ t` In M N 0 \ O r t` N 0 o � v N 0 \ p O Z Q Z 0 \ O O 0 \ M O m r 0 N F- Z M =N O V m to ° O ° M O co co to O O CO CN O O O O Q Z Q Z O O CMf (V 0 Q O O e O E O O O O O J N � ci O to CD U-) M I tN N m c El N O .- N O r 0 Z N to O Oi m L9 w N Q I ' Z p .— o ello F O O M CO N co O co O N V- C9 N � lZI cM ch O O N N r ' V- r Z m Q _ Z 0 ' N U) CO � w r p) O �:. N Q O O V O O ' O O 01 O 1'- N tfj f^ j O W N H 0 N M ti tN a C C 69 : 6i 6 69 69 0 V ' o c� co �- o ao W CO c N c ' O r OD Z o p Co N '00 O pip tt O N O O? co N N N O ui 64 E!3 6R E9 vi 6 69 6f? 69 Vi 4f3 fA 0 O 00 M 1- 1- tp p to W - C7 O m N W n O O Ln to e- z N N rti l L 1 Qi K 60 dQ 6 9 ? 69 to w 69 U w J N — a 0 J Z � m Z H � 0 � U1 �; d a c Q 0 E X U- � ci O O N a) m c El x 0 U1 d 2 � N N �." N TRANSPO Budgeted Appropriations lCategory2014 Operating Budget 2013 Ca ital Bud et 2014 2013 Total 2013 A ro nations Personnel Services 6,839,556 7,055,439 Other Services and Charges T7,055,439 1,273 1,469,620 1,331,273 Supplies 1,863 1,240,471 1,411,863 Capital Outlays 4,000 390,000 1,983,550 795,904 2,337,550 Total Appropriations $10,152,576 $ 9,939,647 $ 1,983,550 $ 795 904 111 $ 12,136,126 2014 OPERATING BUDGET ASSUMPTIONS REVENUES: Federal. State. and Local: Given past and continued success in securing adequate capital funds through congressionally designated funding for major capital projects, we are able to continue to avail ourselves of annual federal capital formula grant funds toward preventative maintenance and education /training, making such funds available to the operations budget. In 2014, the State of Indiana has fixed PMTF rate for the next two years and has made it a line item in the State's Budget. We based the 2014 PMTF revenue on 2013 actual approved budget. This caused our budget figure to be decreased 13% from 2013 budget. Property Tax revenue was budgeted at $67,800 more than prior year. Ridership and Leases: Farebox revenues from regular services include a 3.51% increase from our 2013 forecasted levels. The revenue increase is due the service agreement changes with local universities and new summer pass. TRANSPO ACCESS has realized an increase in ridership since 2008 and is expected to continue this trend in future years. Lease revenues reflect current tenant agreements and renewals of existing contracts. EXPENSES: Employee Wages and Benefits: TRANSPO will see an increase in wages for all employees in 2014. due to the finalization of a three year collective bargaining agreement in 2012. Employee benefits reflect an estimated 3.30% increase over 2013. This increase is mainly due to an estimated increase of five percent in health insurance premiums. Other benefits reflect current bargaining agreement terms and contingencies for future premiums given their historical trends. Vehicular and Operating: Vehicular and commercial insurance costs increased from the 2013 budget. Diesel fuel has been budgeted at an average of $3.07 per gallon and gasoline at $3.30 per gallon. Both of these markets have been extremely volatile and it is projected that future world developments could cause costs to increase. Utilities: Utility costs have been budgeted at no increase form the 2013 forecasted levels, due to TRANSPO cost savings experienced in the new Administration, Maintenance and Operations facility. Marketing: Marketing contracts, services, and advertising placement accounts have not been changed from 2013 budgeted figures. 2 Training: The 2014 budgeted amounts increased from 2013 budgeted provisions. TRANSPO plans to use federal grants to offset most of the cost associated with training. The current budget provides continued opportunities for all positions. Transfer — Capital improvement Fund/Restricted Liability Reserve: The 2014 budget provides the opportunity to transfer up to $41,176 to the Capital Improvements fund for future capital expenditures or deposit up to $41,176 into a restricted liability reserve account, to be used for general liability purposes. UPON THE ADOPTION OF THE ANNUAL BUDGET BY THE SOUTH BEND PUBLIC TRANSPORTATION BOARD OF DIRECTORS, A MONTHLY BUDGET, BASED ON HISTORICAL AND FUTURE TRENDS, WILL BE ESTABLISHED. THIS WILL HELP FACILITATE THE MONTHLY REVIEW OF FINANCIAL REPORTS BY BOARD MEMBERS AND INTERNAL MANAGEMENT. 5 2014 OPERATING BUDGET POLICY STATEMENTS FINANCIAL CAPACITY: The proposed budget does not reflect any fare changes. A fare analysis may be conducted and recommendations will follow, based upon the results of the analysis. 2. Management will continue to search for investment, grant and funding opportunities so as to maximize revenues. 3. Management will assure cash handling practices to safeguard funds in its protection and toward timely collection of funds owed. SERVICE POLICY: 4. A review of current services levels will be conducted and recommendations will follow based upon the results of the analysis. 5. Management will continue to work within the current FTA charter regulations and existing agreements with private charter providers in order to provide charter services. 6. ACCESS service will be provided in accordance with all applicable FTA guidelines. MANAGEMENT: 7. A professional workforce will carry out our Mission Statement. Management will assure fairness, even - handedness, consistency, and effective Equal Employment Opportunity and Affirmative Action policies and practices. 8. Assumes continuation of team development, employee recognition, and continuation of increased opportunities for employee training. 9. Assumes continued pursuit of programs of wellness and accident prevention in an effort to stem, to whatever extent possible, rising insurance costs. TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Salaries & Wages Summary 2012 ACTUAL $ 4,933,658 2014 BUDGET REQUEST $ 5,063,271 2013 APPROVED BUDGET $ 4,910,940 BUDGET CHANGE $ 152,331 Account Title 2013 2014 Operators $3,081,293 $ 3,168,660 Access Drivers & Clerk 344,042 352,799 Operations Administration 308,637 364,312 Revenue - Vehicle Maintenance 660,670 637,598 Maintenance Administration 124,945 131,288 Non - Revenue - Vehicle Maintenance 102,036 71,006 General Administration 289,317 337,607 Total $4,910,940 $ 5,063,271 7 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Fringe Benefits Summary 2012 ACTUAL $1,805,942 2014 BUDGET REQUEST $ 1,992,169 2013 APPROVED BUDGET $ 1,928,616 BUDGET CHANGE $ 63,553 Account Title 2013 2014 FICA $ 375,687 $ 387,341 Pension plan 211,694 214,535 Medical Insurance 1,101,551 1,155,878 Dental Insurance 44,154 47,775 Life Insurance 26,730 21,478 Short-Term Disability 18,412 17,968 Unemployment Insurance 12,423 11,032 Worker's Compensation 88,198 85,700 Uniforms 46,267 46,462 Tool Allowance 3,500 4,000 Total $1,928,616 $1,992,169 T TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Services Summary 2012 ACTUAL $1,218,960 2014 BUDGET REQUEST $ 740,018 Account Title Management Service Fees Advertising Fees Professional & Technical Tuition & Registration - Employees Tuition & Registration - Board Temporary Help Contract Services Operations Contract Services Maintenance Contract Services Administration Security Services Physical Damage Repairs Recoveries of Physical Damage Repairs Ci 2013 APPROVED BUDGET $ 710,656 BUDGET CHANGE $ 29,362 2013 2014 $ 253,407 $ 255,469 7,500 7,500 254,039 279,039 - 2,500 2,500 2,500 19,150 18,950 100,000 100,000 13,260 13,260 55,800 55,800 35,000 35,000 (30,000) (30,000) Total $ 710,656 $ 740,018 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: ACCOUNT TITLE: All Materials & Supplies Summary 2012 ACTUAL $1,589,038 2014 BUDGET REQUEST $ 1,411,863 2013 APPROVED BUDGET $ 1,251,192 BUDGET CHANGE $ 160,671 Account Title 2013 2014 Fuel & Lubricants Operations $ 960,239 $ 1,103,363 Fuel & Lubricants Maintenance 16,353 17,840 Tires & Tubes Operations _ _ Tires & Tubes Maintenance - 2,560 Materials & Supplies Operations - 25,000 Materials & Supplies Maintenance 210,000 210,000 Materials & Supplies Marketing 37,600 35,600 Other Materials & Supplies Operations 6,000 4,500 Other Materials & Supplies Maintenance 3,600 2,600 Other Materials & Supplies General Administration 17,400 10,400 Total $1,251 192 $ 1,411,863 10 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: Administration & Maintenance ACCOUNT TITLE: Utilities ACCOUNT NUMBER: 505 - 0x50 -00 505- Ox2x -00 2012 ACTUAL $ 174,807 2014 BUDGET REQUEST $ 209,267 2013 APPROVED BUDGET $ 209,267 BUDGET CHANGE $ _ Account Title 2013 2014 Electricity $ 98,014 $ 98,014 Water & Sewage $ 16,654 $ 16,654 Trash Collection Telephone $ 5,000 $ 5,000 $ 10,351 $ 10,351 Natural Gas $ 79,248 $ 79,248 Totals $ 209,267 $ 209,267 11 TRANSPO 2013 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Insurance Summary 2012 ACTUAL $ 215,208 2014 BUDGET REQUEST $ 235,477 2013 APPROVED BUDGET $ 246,971 BUDGET CHANGE $ (11,494) Insurance - Liability & Physical Damage Other Corporate Insurance 12 Total $ 229,192 6,285 $ 235,477 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Miscellaneous Summary 2012 ACTUAL $ 52,118 2014 BUDGET REQUEST $ 105,335 2013 APPROVED BUDGET $ 84,070 BUDGET CHANGE $ 21,265 Account Title 2013 2014 Dues & Subscriptions $ 28,070 $ 29,835 Travel & Meetings 2,000 11,500 Community Services 15,000 15,000 Promotion 1,000 1,000 Advertising Placements 38,000 38,000 Interest Expense on Tax Warrants - 10,000 Miscellaneous Total $ 84,070 $ 105,335 13 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Passenger Fares Summary ACCOUNT NUMBER: 413 - 0100 -00 2012 ACTUAL: $ 1,419,226 2014 BUDGET REQUEST $ 1,450,230 2013 BUDGET REQUEST $ 1,400,953 BUDGET CHANGE: $ 49,277 Account Title 2012 2013 Passenger Revenue 938,141 980,146 Access Passenger Revenue 35,366 36,526 Access Punch Card Revenue 61,967 63,190 Passport Revenue 185,675 183,890 Student Pass Revenue 28,320 31,590 Tripper Revenue 9,623 9,623 Two Ride Pass Revenue 65,334 62,628 Two Week Pass 76,527 82,638 $ 1,400,953 $ 1,450,230 14 TRANSPO 2013 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Capital Fund Requirements ACCOUNT NUMBER: 301 - 0101 -00 2012 ACTUAL $ 413,354 2014 BUDGET REQUEST $ 1,983,550 2013 APPROVED BUDGET $ 795,904 BUDGET CHANGE $ 1,187,646 Total $ 9,917,750 15 $ 7,934,200 $ 1,983,550 $$$ FTA/State Total Grant Number Available Funded Required Grant -IN -90 -X591 $ 40,000.00 $ 32,000 $ 8,000 Grant IN -90 -X621 $ 315,000 $ 252,000 $ 63,000 State of Good Repair $ 300,000 $ 240,000 $ 60,000 Bus Livability Grant $ 1,612,750 $ 1,290,200 $ 322,550 Grant-IN-04-0044 $ 4,150,000 $ 3,320,000 $ 830,000 Grant 1N -90 -X628 $ 1,000,000 $ 800,000 $ 200,000 Grant -IN -90 -X650 $ 2,500,000 $ 2,000,000 $ 500,000 Total $ 9,917,750 15 $ 7,934,200 $ 1,983,550 SOUTH BEND PUBLIC TRANSPORTATION CORPORATION 2014 FISCAL OPERATING & CAPITAL BUDGET January 1, 2014 through December 31, 2014 Prepared By South Bend Public Transportation Accounting Staff SOUTH BEND PUBLIC TRANSPORTATION CORPORATION SOUTH BEND, INDIANA 2014 FISCAL YEAR BUDGET REQUEST TABLE OF CONTENTS BUDGET ESTIMATE FOR 2014 PROJECTIONS/ ASSUMPTIONS 2014 Revenue Projection ...................................................... ..............................1 2014 Expense Projection ...................................................... ..............................2 2014 Appropriations ........................................ ............................... ....................3 2014 Budget Assumptions ........................... ............................... .4 2014 Budget Policy Statements ................... ............................... .6 2014 Budget Summaries by Category — All Accounts .............. . 2014 Capital Requirement ....................................... .............................15 z O I.L O a O z O Q O IL U) z NQ I.L V J m IL G z W m H O U) Z 0 V W i w CL W Z W W w r O N Q J > _ N Q JJ CD F N Q o O N 0 O O CO C 0 O N 0 CO d 0 CA O 0 N N p- N 0 Co C? 0 1 CO 0 O O 0 t` O A N 0 O r N N o O p Q Z Q Z O O O M V V � W ( i N m 0 � O M 0 � O O ° 0 � M M CM 0 o O ° 0 � Co CD 0 o to O 0 \ O O N 0 \ O O O 0 0 O O O 0 0 O v CO 0 0 O LO N 0 O 0 0 O p Q Z Z O N D N Q r � O 1'� N V Q Co N CA `- `ct 69 ' 69 O M �t O 69 w � W OD r 69 O CA N 69 � Co Cl) 69 N CNO V, OD CV 69 O c ' 0Oj r 69 Cif O CNO O M 69 M CMD OD CV 69 Cn ° cli 69 M (� ° O 69 69 ' 69 O O O '� 69 act N M o0 O> 69 C) W �- 0 0 ° N= v m 69 69 O O 69 Co co M_ 69 N COO N 69 O ooc 69 O N o � N 69 O O o° N 69 69 O O Cl) 69 O O p° V N 69 p O ° � r 69 69 ' Cfl O ' O o v 169 E9 cc of U) 69 W CV r C9 CD O G N m 69 ' 69 O O 69 co R t 69 O coo_ Lf) 64 O O N 69 C O O h N 69 Cl O N 69 69 O O 0) M 69 O O o .- N 69 O O ° t` r 69 O p rn M 69 69 0 p ° �° 69 69 to h co n M D U LU Z z W V W O LU � W a U O Z Fn- F- ir > Q w Z LU R Q w Q J U Z Q Z O Cn z UO w Z CO w ? x x F- Ir a O a x x � X W W z W �= X O Z J Q z Q O ? o O U cn Q W Z j Z W d J w U Q cn Q J w _Z Z r- Z O C) W J w W LL V > 0 O Q ILL W z W J Q w W w J J P O z O H O CL w O v 0 0 w m � O Ix a a cc z m z w IL U w J N a. 0 z w m O N N TRANSPO Budgeted Appropriations Category —Operating 2014 Bud et 2013 Ca ital Bud et 2014 2013 Total 2013 A ro riations Personnel Services 7,055,439 6,839,556 7,055,439 Other Services and Charges 1,331,273 1,469,620 1,331,273 Supplies 1,411,863 1,240,471 1,411,863 Capital Outlays 354,000 390,000 1,983,550 795,904 2,337,550 Total Appropriations $100152,576 $ 9,939,647 1 $ 1,983,550 $ 795904 $ 12,136,126 2014 OPERATING BUDGET ASSUMPTIONS REV_ ENUES: Federal, State. and Local: Given past and continued success in securing adequate capital funds through congressionally designated funding for major capital projects, we are able to continue to avail ourselves of annual federal capital formula grant funds toward preventative maintenance and education /training, making such funds available to the operations budget. In 2014, the State of Indiana has fixed PMTF rate for the next two years and has made it a line item in the State's Budget. We based the 2014 PMTF revenue on 2013 actual approved budget. This caused our budget figure to be decreased 13% from 2013 budget. Property Tax revenue was budgeted at $67,800 more than prior year. Ridership and Leases: Farebox revenues from regular services include a 3.51 % increase from our 2013 forecasted levels. The revenue increase is due the service agreement changes with local universities and new summer pass. TRANSPO ACCESS has realized an increase in ridership since 2008 and is expected to continue this trend in future years. Lease revenues reflect current tenant agreements and renewals of existing contracts. EXPENSES: Employee Wanes and Benefits: TRANSPO will see an increase in wages for all employees in 2014. due to the finalization of a three year collective bargaining agreement in 2012. Employee benefits reflect an estimated 3.30% increase over 2013. This increase is mainly due to an estimated increase of five percent in health insurance premiums. Other benefits reflect current bargaining agreement terms and contingencies for future premiums given their historical trends. Vehicular and Operating: Vehicular and commercial insurance costs increased from the 2013 budget. Diesel fuel has been budgeted at an average of $3.07 per gallon and gasoline at $3.30 per gallon. Both of these markets have been extremely volatile and it is projected that future world developments could cause costs to increase. Utilities: Utility costs have been budgeted at no increase form the 2013 forecasted levels, due to TRANSPO cost savings experienced in the new Administration, Maintenance and Operations facility. Marketing: Marketing contracts, services, and advertising placement accounts have not been changed from 2013 budgeted figures. 4 Training: The 2014 budgeted amounts increased from 2013 budgeted provisions. TRANSPO plans to use federal grants to offset most of the cost associated with training. The current budget provides continued opportunities for all positions. Transfer — Capital Improvement Fund/Restricted Liability Reserve: The 2014 budget provides the opportunity to transfer up to $41,176 to the Capital Improvements fund for future capital expenditures or deposit up to $41,176 into a restricted liability reserve account, to be used for general liability purposes. UPON THE ADOPTION OF THE ANNUAL BUDGET BY THE SOUTH BEND PUBLIC TRANSPORTATION BOARD OF DIRECTORS, A MONTHLY BUDGET, BASED ON HISTORICAL AND FUTURE TRENDS, WILL BE ESTABLISHED. THIS WILL HELP FACILITATE THE MONTHLY REVIEW OF FINANCIAL REPORTS BY BOARD MEMBERS AND INTERNAL MANAGEMENT. 5 2014 OPERATING BUDGET POLICY STATEMENTS FINANCIAL CAPACITY: The proposed budget does not reflect any fare changes. A fare analysis may be conducted and recommendations will follow, based upon the results of the analysis. 2. Management will continue to search for investment, grant and funding opportunities so as to maximize revenues. 3. Management will assure cash handling practices to safeguard funds in its protection and toward timely collection of funds owed. SERVICE POLICY: 4. A review of current services levels will be conducted and recommendations will follow based upon the results of the analysis. 5. Management will continue to work within the current FTA charter regulations and existing agreements with private charter providers in order to provide charter services. 6. ACCESS service will be provided in accordance with all applicable FTA guidelines. MANAGEMENT: 7. A professional workforce will carry out our Mission Statement. Management will assure fairness, even - handedness, consistency, and effective Equal Employment Opportunity and Affirmative Action policies and practices. 8. Assumes continuation of team development, employee recognition, and continuation of increased opportunities for employee training. 9. Assumes continued pursuit of programs of wellness and accident prevention in an effort to stem, to whatever extent possible, rising insurance costs. C TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Salaries & Wages Summary 2012 ACTUAL $ 4,933,658 2014 BUDGET REQUEST 5,063,271 2013 APPROVED BUDGET $ 4,910,940 BUDGET CHANGE $ 152,331 Account Title Operators Access Drivers & Clerk Operations Administration Revenue - Vehicle Maintenance Maintenance Administration Non - Revenue - Vehicle Maintenance General Administration Total 7 2013 2014 $3,081,293 $ 3,168,660 344,042 352,799 308,637 364,312 660,670 637,598 124,945 131,288 102,036 71,006 289,317 337,607 $4,910,940 $ 5,063,271 TRANSPO 2014 BUDGET SUBMISSION ,DEPARTMENT: All ACCOUNT TITLE: Fringe Benefits Summary 2012 ACTUAL $1,805,942 2014 BUDGET REQUEST $ 1,992,169 2013 APPROVED BUDGET $ 1,928,616 BUDGET CHANGE $ 63,553 Account Title 2013 2014 FICA Pension plan $ 375,687 $ 387,341 Medical Insurance 211,694 1,101,551 214,535 Dental Insurance 44,154 1,155,878 Life Insurance 26,730 47,775 21,478 Short-Term Disability 18,412 17,968 Unemployment Insurance 12,423 11,032 Worker's Compensation 88,198 85,700 Uniforms Tool Allowance 46,267 46,462 3,500 4,000 Total $1,928,616 $ 1,992,169 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Services Summary 2012 ACTUAL $1,218,960 2014 BUDGET REQUEST $ 740,018 2013 APPROVED BUDGET $ 710,656 BUDGET CHANGE $ 29,362 Account Title 2013 2014 Management Service Fees $ 253,407 $ 255,469 Advertising Fees 7,500 7,500 Professional & Technical 254,039 279,039 Tuition & Registration - Employees Tuition & Registration - Board - _ 2,500 Temporary Help 2,500 2,500 Contract Services Operations 19,150 18,950 Contract Services Maintenance 100,000 .100,000 Contract Services Administration 13,260 13,260 Security Services 55,800 55,800 Physical Damage Repairs 35,000 35,000 Recoveries of Physical Damage Repairs (30,000) (30,000) Total $ 710,656 $ 740,018 0 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Materials & Supplies Summary 2012 ACTUAL $1,589,038 2014 BUDGET REQUEST $ 1,411,863 2013 APPROVED BUDGET $ 1,251,192 BUDGET CHANGE $ 160,671 Account Title 2013 2014 Fuel & Lubricants Operations $ 960,239 $ 1,103,363 Fuel & Lubricants Maintenance 16,353 17,840 Tires & Tubes Operations - Tires & Tubes Maintenance - 2,560 Materials & Supplies Operations - 25,000 Materials & Supplies Maintenance 210,000 210,000 Materials & Supplies Marketing 37,600 35,600 Other Materials & Supplies Operations 6,000 4,500 Other Materials & Supplies Maintenance 3,600 2,600 Other Materials & Supplies General Administration 17,400 10,400 Total $ 1,251,192 $ 1,411,863 10 DEPARTMENT: ACCOUNT TITLE: TRANSPO 2014 BUDGET SUBMISSION Administration & Maintenance Utilities ACCOUNT NUMBER: 505- 0x50 -00 505- Ox2x -00 2012 ACTUAL $ 174,807 2014 BUDGET REQUEST $ 209,267 2013 APPROVED BUDGET $ 209,267 BUDGET CHANGE $ Account Title 2013 2014 Electricity $ 98,014 $ 98,014 Water & Sewage $ 16,654 $ 16,654 Trash Collection $ 5,000 $ 5,000 Telephone $ 10,351 $ 10,351 Natural Gas $ 79,248 $ 79,248 Totals $ 209,267 $ 209,267 11 TRANSPO 2013 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Insurance Summary 2012 ACTUAL $ 215,208 2014 BUDGET REQUEST $ 235,477 2013 APPROVED BUDGET $ 246,971 BUDGET CHANGE $ (11,494) Insurance - Liability $ Physical Damage $ 229,192 Other Corporate Insurance 6,285 Total $ 235,477 12 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Miscellaneous Summary 2012 ACTUAL $ 52,118 2014 BUDGET REQUEST $ 106,336 2013 APPROVED BUDGET $ 84,070 BUDGET CHANGE $ 21,265 Account Title 2013 2014 Dues & Subscriptions $ 28,070 $ 29,835 Travel & Meetings 2,000 11,500 Community Services 15,000 15,000 Promotion Advertising Placements 1,000 1,000 Interest Expense on Tax Warrants 38,000 38,000 Miscellaneous - 10,000 Total $ 84,070 $ 105,335 13 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Passenger Fares Summary ACCOUNT NUMBER: 413- 0100 -00 2012 ACTUAL: $ 1,419,226 2014 BUDGET REQUEST $ 1,450,230 2013 BUDGET REQUEST $ 1,400,953" BUDGET CHANGE: $ 49,277 Account Title 2012 2013 Passenger Revenue 938,141 980,146 Access Passenger Revenue 35,366 Access Punch Card Revenue 61,967 36,526 Passport Revenue 185,675 63,190 Student Pass Revenue 28,320 183,890 Tripper Revenue 9,623 31,590 Two Ride Pass Revenue 65,334 9,623 Two Week Pass 76,527 62,628 82,638 $ 1,400,953 $ 1,450,230 14 TRANSPO 2013 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Capital Fund Requirements ACCOUNT NUMBER: 301 - 0101 -nn 2012 ACTUAL $ 413,354 2014 BUDGET REQUEST $ 1,983,550 2013 APPROVED BUDGET $ 795,904 BUDGET CHANGE $ 1,187,646 Grant Number Available FTA/State Total Funded Required Grant -IN -90 -X591 $ 40,000.00 $ 32,000 $ 8,000 Grant IN -90 -X621 State of Good Repair $ $ 315,000 300,000 $ 252,000 $ 63,000 Bus Livability Grant $ 1,612,750 $ $ 240,000 1,290,200 $ $ 60,000 322,550 Grant -IN -04 -0044 $ 4,150,000 $ 3,320,000 $ 830,000 Grant IN -90 -X628 Grant -IN -90 -X650 $ $ 1,000,000 2,500,000 $ 800,000 $ 200,000 $ 2,000,000 $ 500,000 Total $ 9,917,750 15 $ 7,934,200 =L=1=,=983,550 L��It r�fo - `ig,k3 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1906 FRANKLIN ST. SOUTH BEND IN 46614, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The present zoning for said property is LI I ight industrial District, and we request it changed to SF2- Single Family & Two Family District fir the purpose of residence. NOW THEREFORE BE " ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended.. w.h' ch ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classiticatioo of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Parcel A: Lot 332 D M Shiveley's 1St Addition Parcel B: Lot 333 D M Shive!ey's 1St Addition be and the same is hereby establisl-ed as SF2 - Single Family & Two Family District SECTION II. This ordinance small be in -'ull force and effect from and after its passage by the Common Council, approvai by the Mayor, and legal publication. Attest: City Clerk a'�-L V� - () !Jembe, of the Common Cou cil V ln,4. t ya ca��YsB �.,,,o � t G c7 .R Could! Pa",: v. , .r 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 at o'clock . M. Ist RPAD'NG (� `mot 2 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED City Clerk day of Mayor, City of South Bend, Indiana 2 , Filed ;n, rWfIre REF' -3 Z01 i Joh- lfoll� "OE CITY CL EAK, SOU- 't°i SEND, ik j PETITION TO REZONE — City of South Bend /ndfana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1. The property sought to be rezoned is located at: 1906 Franklin St. South Bend, IN 46614 2. The property Tax Key Numbers are: Key #1 018 -8044 -1751 Key #2 018 -8044 -1752 3. Name and address of property owner of the petition site Ram! M. Sadek 19543 Darden Rd South Bend IN, 46637 4. Name and address of contingent purchaser(s), if applicable: NIA 5. It is desired and requested that this property be rezoned: From: LI Light Industrial District To: SF2 Single Family & Two Family District 6. This rezoning is requested to allow for the following uses(s): RESIDENCE 7. Attached, and made part of the petition; a. A list of names and addresses of all property owners. and tax kry numbers for all properties within 300ft of the petitioned property. b. addressed, stamped envelopes for all property owners within 300ft of the petition property PETITION PREPARED BY: RAM[ MIKHAIL SADEK 19543 DARDEN RD. SOUTH BEND, INDIANA 574 - 850 -9769 RAMI.SADEK @GMAIL.COM CONTACT PERSON: SAME AS ABOVE ciriCLERN 9 1743 018 -8044- PO Box 766 South Bend IN 46601 FRANKLIN South Bend 018 -8012- 10 0541 IIN Blvd South Bend IN 2003. 1 1744 BRR LLC PO Box 766 South Bend 46601 FRANKLIN South Beix! IN 146613 0188012- OSEBOOM [JEFFREYA 22437 Arbor 1919 20540 Pointe Dr South Bend IN 46628 LAFAYETTE South Bend IN 46613 018 - 8029 - P. O_ Box 1841 31230 GM28 LLC 1022 South Bend IN 46624 FRANKLIN South Bend IN 46613 018.8044- PROPERTIES 1918 1930 4 1758 LLC Frankn South Bend IN 46613 FRANKLIN . South Bend IN 46613 0184014- BLOOM LEO W & 416 61724 DELORAS M 416 Cahrert South Bend IN 4661 CALVERT South Bend IN 46614 0188044- SAGARSEE 55761 1902 61751 RENEE Wi xborAve South Bend IN 46619 FRANKLIN South Bend IN 46514 T.ADEREJ ANDREW J & ANDREW ZADEREJ & 018 -8012- GEORGE 1901S 1901 70635 ZADEREJ Lafayette South Bend IN 46613 LAFAYETTE South Bend IN 46613 1918 0184044- PROPERTIES 1918 81756 LLC Franklin St 1918 South Bend IN 46613 FRAN10_IN South BOW IN 46613 018.8044- 9 1743 SBRR LLC PO Box 766 South Bend IN 46601 FRANKLIN South Bend 018 -8012- 10 0541 HENDRICK :jUfayette CINDY Blvd South Bend IN 1921 46613 LAFAYETTE Sonrth Bend 018-8044- 11 174201 GARRAGE TIM & 52701 Ruth GRABILL JOE St Ginger IN V VL ADJ 1911 S FRANKLIN South Bend IARRONI JOHN SR AND LIZABETH A CO RUSTEES OF HE JQkIN N ARRONtSR. YD EUZABM MARRONI w to-vw *- rctVLK;pesLE 2010S 2010 1760 TRUST Franklin St South Bend IN 46613 FRANKLIN South Bend IN SALAZAR VAC 018 8044.- MIGUEL & MARIA 2013 S VAC FRANKLIN 1745 L FnInIftSt Swath Bernd IN 4ANE ST South Bend IN 140543 M Lafayette South Bend JIN 46613 LAFAYEITE South Bend IN 1 46613 RIBARIGH AGNES & 018 -8044 MATTHEW 2002S 2002 151759 KOPSEA Franklin South Bend IN. 4661 FRANKLIN South Bend IN 46613 1918 0184HM4- PROPERTIES 1918 1912 16 175401 LLC Frankly St South Bend IN 46613 FRANKLIN South Bend IN 46613 STROUD 5929 018 -8044 BENJAMIN JR & Spinnaker 1926 S 171730 CHARLESZETTA Bay Dr Long Beach CA 90803 YVILLIAM ST South Bend IN 46513 FARRINGTON . 018 -8012- WAYNE A & 222 E Walter 1905 18 0537 ALICE C St South Bend IN 46614 LAFAYETTE South Bend IN 46513 0184044- 1920 S WILLIAM WB LWW 1920S 191728 LAND TRUST Ste B Osceola IN 46561 WILLIAM South Bend IN 46614 018 -8012- ROSEBOOM 22437 Arbor 1 1917 20 0539 JEFFREY A Pointe Dr South Bend IN 46628 LAFAYETTE South Bend IN 46613 018 -8044 1915 PROPERTIES 1918 1916 211755 LLC Franker St South Bend IN 46613 FRANKLIN South Bend IN 46513 GENERAL 018 -8012- SHEET METAL 1902 S Main 228 W 220567 WORKS INC St South Bend IN 46613 CALVERT South Bend IN 46601 GENERAL 018 -8012- SHEET METAL 1902 S Main 23 056701 WORKS INC St South Bend IN 46613 018 -8044- BLOOM LEO W & 416 Calvert LOT 272 241727 DELORAS M St South Bend IN 4651 WILLIAMS South Bend IN 4661 4 FARRINGTON 018 -8012- WAYNE A & 222 E. i907 25 0538 ALICE C Walter South Bend IN 46614 LAFAYETTE South Bend IN 46613 Z ADEREJ ANDREW J & ~' ANDREW ZADEREJ & 018. 8012 - %GEORGE 1901S 1903 28105W ZADEREJ Lafayette South Bend IN 4651 LAFAYETTE South Bend IN 46613 Filed � F 6-A\ Igo Y`1 -13 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROHIBIT PLASTIC BAGS FOR YARD WASTE STATEMENT OF PURPOSE AND INTENT The City of South Bend (the City) previously permitted plastic bags to be used for collection of yard waste, although use of paper bags was preferred. With new and heightened environmental regulation at the State and federal levels, it is not permissible for the City's Organic Resource Facility to accept any plastic materials with yard waste. The City's Organic resource collection is limited solely to vegetative, biodegradable materials, and the Facility has no capability to separate plastics from organic matter. To clarify and assure that citizens of South Bend do not include plastic bags and other non - organic materials with recyclable yard waste, it is necessary to amend the South Bend Municipal Code at Chapter 16, Article 2, Section 16 -8 (f) and at Chapter 16, Article 4 Sections 16 -27 and 16 -28. This Ordinance enacts those Municipal Code Amendments. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 16, Article 2, Section 16 -8(f) of the South Bend Municipal Code be and hereby is amended to read in its entirety as follows: Sec.16 -8. Use of City- furnished refuse containers required; disabled customer exception; nonrecurring charge for new users; separation of yard waste. (f) Yard waste as defined herein, shall be collected by the City on a weekly basis for disposal and recycling at the City's Organic Resource Facility. Each owner, occupant or lessee of any single or multifamily dwelling shall separate and keep separate any yard waste from the remainder of the residential refuse for collection. Yard waste shall not be placed in plastic bags for collection. Such yard waste shall be placed in biodegradable paper bags or other containers approved by the City, and shall be segregated from any trash or ag rbage plastie bags or- other- eontainers fef colleetion and segregated from the trash and garbage. "Tree limbs and brush of a diameter of less than four (4) inches shall be bundled together in lengths of forty -eight (48) inches or less. Tree limbs and brush in excess of these dimensions or large quantities of yard waste may be scheduled for special pick up. Nothing in this section shall prohibit any person from recycling yard wastes on their own property for their own use or from giving such yard waste to another for recycling or use; provided, however, that such recycling neither creates a public nuisance nor is otherwise injurious to the public health, welfare or safety. Nothing in this section shall be construed to prohibit the deposit of leaves in a neat and careful manner in the tree lawn or any street in the autumn during the period designated by the Department of Public Works for collection. Section II. Chapter 16, Article 4, Section 16 -27 of the South Bend Municipal Code be and hereby is amended to read in its entirety as follows: Sec.16 -27. Policy regarding disposal of yard waste. It is hereby stated as the policy and law of the City of South Bend that all yard waste as defined herein generated by or emanating from the City, whether from residential, commercial, industrial, institutional or governmental sources, shall not be landfilled. Such yard waste, whether collected by the City, commercial lawn services, tree services or private carriers, shall be disposed of at the City's Organic Resource Facility for recycling; provided, however, that nothing herein shall prevent any individual or company from otherwise recycling yard waste in a manner approved by the Director of the Department of Public Works. No yard waste materials will be accepted from outside the incorporated limits of the City of South Bend Indiana. Section III. Chapter 16, Article 4, Section 16 -28 of the South Bend Municipal Code be and hereby is amended to read in its entirety as follows: Sec.16 -28. Separation of yard waste from trash and garbage; tree limbs. All generators, handlers, collectors and haulers of yard waste shall handle such waste in a manner so as to assure that yard waste will not be co- mingled with trash and garbage. Yard waste may shall not be delivered to the Organic Resource Facility in plastic bags. or in loose , enditio . It shall be delivered either in biodegradable paper bags or in a loose condition; provided, however, that all brush and tree limbs shall be cut in lengths not to exceed forty -eight (48) inches and shall be bundled. The Organic Facility cannot process and will not accept tree limbs in excess of six (6) inches in diameter or stumps. These items may be disposed of by landfill or in any other lawful manner. Section IV. This Ordinance shall be in full force and effect from and after adoption by the Common Council and approval by the Mayor. Attest: City Clerk Member, South Bend Common Council A C?� "4 ' scys an cil a �e �1�l�E�lj �� bi ff e� iY� viw�+Mi of Presented by me to the Mayor of the City of South Bend, Indiana on the day , 2—, at o'clock . M. City Clerk Approved and signed by me on the day of o'clock . M. C( -Cl 't3 C 7:A 1`40T Aif'�;ZCWLED, REFS QED PASSED 2 , at Mayor, City of South Bend, Indiana Filed In Off Ice S FE 11 CITY mi CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS Eric Horvath, Director September 3, 2013 Mr. Derek Dieter President South Bend Common Council Ms. Valerie Schey Chairman of the Utilities Committee South Bend Common Council In Re: Revision to Chapter 16 (Refuse), Articles 2 and 4 Dear President Dieter and Utilities Committee Chairman Schey, The attached ordinance is offered for Council consideration. Chapter 16 of the City of South Bend Municipal Code, which regulates yard waste management in the City, is being revised. The purpose of the revision is to prohibit yard waste from being collected and delivered to the Organic Resources Facility (ORF) in plastic bags, as required by solid waste regulations in the State of Indiana. The ORF is permitted to process vegetative waste only, and cannot accept or store non compostable materials. This revision will allow the ORF to manage and process vegetative waste in accordance with Indiana Department of Environmental Management (IDEM) rules and regulations. The ORF was recently inspected by the IDEM Office of Solid Waste and violations were noted related to the acceptance and storage of plastic bags and other non compostable materials. I will make the formal presentation to the Council and will be available should you have any questions. I can be reached at 574 - 271 -4210 or at agreek @southbendin.gov. Sincerely, Al Greek Division Director — Environmental Services Cc: Pete Buttigieg, Mayor Matt Sikora, Director of Special Projects Kathryn Roos, Chief of Staff Eric Horvath, Director of Public Works Mark Neal, Controller Andre Price, Manager of Solid Waste Operations Filed In u office E$-EP - 3 1 ►iCztr�� ��w CITY CLERK, SOUTH SEND, IN