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07-26-10 Council Agenda & Packet
AGENDA SOUTH BEND COMMON COUNCIL MONDAY, JULY 26, 2010 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: 37 -10 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE WEST HALF OF THE FIRST EAST -WEST ALLEY SOUTH OF NAPOLEON BETWEEN DUEY AND THE FIRST NORTH -SOUTH ALLEY SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 30 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 9, OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE HUMAN RIGHTS ORDINANCE BY THE INCLUSIONS OF NEW PROVISIONS ADDRESSING EMPLOYMENT FAIRNESS 8. BILLS, THIRD READING TIME: BILL NO. 37--10 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE WEST HALF OF THE FIRST EAST -WEST ALLEY SOUTH OF NAPOLEON BETWEEN DUEY AND THE FIRST NORTH -SOUTH ALLEY SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 30 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 9, OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE HUMAN RIGHTS ORDINANCE BY THE INCLUSIONS OF NEW PROVISIONS ADDRESSING EMPLOYMENT FAIRNESS 9. RESOLUTIONS malmaiwOrn- 10--34 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 6850 ENTERPRISE DRIVE 10 -28 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 3425 WEST LATHROP DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A NINE (9) YEAR REAL PROPERTY TAX ABATEMENT FOR MCCORMICK AND COMPANY, INC 10--29 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 3425 WEST LATHROP DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MCCORMICK & COMPANY, INC. 10 -38 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 10. BILLS, FIRST READING BILL NO. 38 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $285,000.00 FROM COMMUNITY DEVELOPMENT FUND #212 FOR DEVELOPMENT AND TRAINING TARGETED TO BUSINESSES WITHIN THE AIRPORT ECONOMIC DEVELOPMENT AREA 39 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS OF $80,300 FROM THE WATER WORKS SINKING FUND #625 40 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2010 OF $110,000 FROM GENERAL FUND ( #101), $600,000 FROM MOTOR VEHICLE HIGHWAY FUND ( #202), $500,000 FROM LIABILITY INSURANCE FUND ( #226), AND ($58,000) FROM COUNTY OPTION INCOME TAX FUND ( #404) 41 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2010 42 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING TEMPORARY LOAN OF $39,763.60 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND (#408) TO. PAY FOR ACQUISITION OF 25 PROPERTIES BY THE SOUTH BEND REDEVELOPMENT COMMISSION WITHIN TIF REVENUE - AIRPORT FUND ( #324) 43 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $57,027.00 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND (NO. 408) IN 2010 FOR ADDITIONAL COSTS OF THE NORTHEAST TRIANGLE DEVELOPMENT PROJECT 44 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 14 -56 OF THE SOUTH BEND MUNICIPAL CODE MODIFYING THE FEES FOR TEMPORARY RESIDENTIAL CONDITIONAL USE PARKING PERMITS AND IMPROVING PROOF OF RESIDENCE REQUIREMENTS 11. UNFINISHED BUSINESS A. REPORT FROM AREA BOARD OF ZONING APPEALS 1. BILL 10 -35 - SPECIAL EXCEPTION - 702 E. JEFFERSON BLVD. B. REPORTS FROM AREA PLAN COMMISSION 1. BILL NO. 27 -10 - REZONING - 1847 LINCOLNWAY EAST 2. BILL NO. 29 -10 - REZONING - 1219 MISHAWAKA AVE. 3. BILL NO. 33 -10 - REZONING - 101 E. NORTH SHORE DRIVE C. SET BILLS NUMBERED 10 -36 AND 10 -37 CONFIRMING TAX ABATEMENTS FOR PUBLIC HEARING FOR 8/9/10 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. M14 Danch, Flamer 6 Associates, Inc. MICHAEL J. RANCH, L.A. RON HARNER, P.S. June 22, 2010 Honorable Members of the City of South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 Land Surveyors . Professional Engineers Landscape Architects a Land Planners RE: Vacation Petition for the West Half of the First East/West Alley South of Napoleon St. between Duey Ave. & the First North/South Alley, situated in "Hartman and Woodworth's Plat" in the City of South Bend, St. Joseph County, Indiana: Dear Council Members: Our clients, the University of Notre Dame and the City of South Bend, are requesting the approval of the Vacation for the West Half of the First East/West Alley South of Napoleon St. between Duey Ave. & the First North /South Alley. Situated in "Hartman, and Woodworth's Plat" in the City of South Bend, St. Joseph County, Indiana. The reason for this request is to allow for the re- configuration of properties for future development of properties located along Duey Avenue. The Petitioners believe that vacating the above - mentioned Public Alley right -of- way will not have a detrimental effect on the adjacent properties located along this portion of Duey Avenue. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, is ael J. Danch President Danch, Harner & Associates File #100146 1643 Commerce Drive a South Bend, IN 46628 rw,. 5'74I9an.dnm .. AMIAPA -Anni . r,...574I934 -d119 Filed In Mark!s OffIC6 JU - 7 2010 C Ct RRK, 64. bK11 208 West Mars ® Berrien Springs, MI 48103 office 269/471 -3010 a Fax 2691471 -7237 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE WEST HALF OF THE FIRST EAST -WEST ALLEY SOUTH OF NAPOLEON BETWEEN DUEY & THE FIRST NORTH -SOUTH ALLEY SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO THE CITY OF SOUTH BEND, ST.JOSEPH COUNTY, INDIANA. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above - described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. 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 WEST HALF OF THE FIRST EAST -WEST ALLEY SOUTH OF NAPOLEON BETWEEN DUEY & THE FIRST NORTH -SOUTH ALLEY SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO THE CITY OF SOUTH BEND, ST.JOSEPH COUNTY, INDIANA hereby determines that it is desirable to vacate said property. SECTION 11. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right - of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Tax Key Number 18- 5097 -3422 Tax Key Number 18- 5102 - 357901 FA SECTION IV. The purpose of the vacation of the real property is to allow for the future development of properties located along Duey Avenue. 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 uncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2010, at o'clock M. City Clerk Approved and signed by me on the day of 2010, at o'clock M. MAYOR, CITY OF SOUTH BEND, INDIANA 1 st READING i' t L 10 PUBLIC HEARING .,d READING .OT APPROVD IFERIZED Dc1CiK7] .� 0 pstj in Clerk's offte JUL - 7 2010 JG'tt{ 4'kr13 ?� 018- 5102 - 3579,01 8- 5102 - 3579,01 018 - 5100 -3527 18 -5100 -3530 018 -X00 -3533 018 - 5100 -3 OF 018 -5102- 3579,01 018 - 5102 - 3579,01 R150.0' 118' Alley to be Vacated •018 - 5097 -3422 018- 5097 -3425 QJ 018 -5097 -3428 Ql 018 - 5097 -3431 1 1, Legal Description: F11PI In Clerk's O fICS J u L 7 2010 JOHN VOURDE CITY CLEM 50, BEND, K 018- 5097 -3423 North The alley to be vacated is the first East /West alley South of Napoleon Street, from Duey Avenue to the first North /South alley for a distance of 118 feet and a width of 12 feet. Being part of Hartman and Woodworth's Plat, Portage Township, City of South Bend, St. Joseph County, Indiana. PETITION TO VACATE PUBLIC ALLEY RIGHTS -OF -WAY TO: THE COMMON COUNCIL DATE: June 30, 2010 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: THE ALLEY TO BE VACATED IS DESCRIBED AS: THE WEST HALF OF THE FIRST EAST -WEST ALLEY SOUTH OF NAPOLEON ,BETWEEN DUEY & THE FIRST NORTH - SOUTH ALLEY SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO THE CITY OF SOUTH BEND, ST.JOSEPH COUNTY, INDIANA NAME (signed & printed) & ADDRESS Tax Key Number City of South Bend. 18- 5097 -3422 227 W Jefferson Blvd. Suite 1200 Sou t Send, Indiana 46601 1 A A Ike" 1z - ..e For City of South Bend. University of Notre Dame 18 -5102- 357901 836 Grace Hail Notre Dame, Indiana 46556 For University of Notre Dame JUL - 7 2DlJ PRTITION TO VACATE PUBLIC ALLEY RIGHTS -OF -WAY TO$ THE COMMON COUNCIL DATE; June 30, 2010 OF THE CITY of SOUTH SEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATES THE ALLEY TO BE VACATED TS DESCRIBED AS: THE WEST HALF OF TIME FIRST EAST -WEST ALLEY SOUTH OF NAPOLEON BETWEEN DUEY & THE FIRST NORTH - SOUTH ALLEY SITUATED IN HARTMAN AND WOODWORTU,S PLAT To THE CITY OP SOUTH B1010, ST.JOSEPH COUNTY, INDIANA NAME (si E -- „.,... Y ber ed & ri.ated)& ADDRESS Tax Key Numb,,, City of South Bend. 18- 5097 -3422 227 N Jefferson Blvd. Suite 1200 South Bead, Indiana 46601 For City of South Bend. Univeraity of Notre Dame 19 -5102- 357901 836 Grace Hall Notre Dame, Indiana 46556 Lip off'' For Universit of Notre Dame JUL - 7 2010 ��4{r•.!fiYi iii.' ?iin3� 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 p, JUL 7 2010 1316 COUNTY -CITY BUILDING 227 W. jbFPfiMr4 BOUMAAn SOUTH BEN!), INE)IANA 46601 -1830 CITY of SouTH BENT) BOARD OF Mr. Greg Hakanen University of Notre Dame 910 Flanner Hall Notre Dame, Indiana 46556 STEPHEN J. LuECKE, MAYOR PUBLIC WORKS June 28, 2010 PxoNE574/235 -9251 FAX 574/235 -9171 TDD 574/ 235 -5567 RE: Alley Vacation — The West Half of the First Fast/West Alley South of Napoleon between Duey & the First North/South Alley (Preliminary Review) Dear Mr. Hakaden: The Board of Public Works, at its June 28, 2010, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office. The following comments and recommendations were submitted: Area Plan stater] 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. Mr. Phillip Griffin, NIPSCO, stated that there is an active gas line in the alley_ The gas line feeds the South Bend Public Housing complex east of the alley. NIPSCO needs to maintain access to the 2- inch steel gas main for maintenance purposes and no structure is to be built over the gas line. Please contact Tony Molnar at 574 235 -9254 Prior to picking u our radius M2 D. 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, Lin a M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering Danch Harner & Associates GARY A_ GILDT, P.E. DONALD E. INKS JoHN H. MuRmy PRESIDENT MEMBER MEMBER IIRIIEI =FiDD618y�j UNIVERS17Y OF NOW DAME SURVEY /2070 PROJECT NO., 100146 Fijruaa LOT 'IT 'C6 .02 WT 01 wCT 7G0 94k"EAJ 01-qT7'? ALLEY TO BE VACATED EOM 6 III's '07 4 "phovED fk)ard of PublicworL. rumLand Surveyors orM • Professlonal Engineers Lond3copoArichitects- Land Planners -5F. -%Mh Send. i4 INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS T ®: Andre Price, Solid Waste I DATE SENT: 611512 010 ob Mathia, Community & Economic Development earl Littreil, Engineering Department ✓Chris Dressel, Community & Economic Development v'l`ederico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development Sohn Byorni, Area Plan Commission 'b orni co.st- 'ose h.in.us or 235 -9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office LPfiiil Griffin, NIPSCO ( m riffin nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk -' SUBJECT: REQUEST FOR RECOINMENDATION -ALLEY VACATION APPLICANT: University of Notre Dame - Greg Hakaden LOCATION: The West Half of the First East/West Alley South of Napoleon Between Duey and the First North /South Alley DATE DUE: 6/21110' FAX OR E -MAIL TO: 235 -9171 / Imartin southbendin. ov RECOMMENDATIONS AND COMMENTS: By Date From: Nancy Schrader To: Memo- Vacations Date: 6/15/2010 10:15 AM Subject: Alley Vacation Recommendation - Napoleon /Duey Attachments: S45C- 510061509570.pdf Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Raom 1316 South Bend, Indiana 46601 Office: (574) 235 -9251 Fax. (574) 2359171 This message may contain confidential and/or proprietary information and is intended for the person /entity to whore it was originally addressed. Any use by others is strictly prohibited. INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS L� Lr By Date DATE SENT: 6!1 10 5!20 TO: Andre Price, Solid Waste Bob Mathia, Community & Economic Development Carl Littrell, Engineering Department Chris Dressel, Community & Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development John Byorni, Area Plan Commission (ib rorni @co,st. joss h,in.us or 235 -9813 fax) Stephen Goan, Police Department Cheryl Greene, City Attorney's Office FROM: Phil Griffin, NIPSCO (7mriffin nisource.com) (FYI Only) Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECENDATION - ,ALLEY VACATION APPLICANT: University of Notre Dame - Greg Hakaden LOCATION: The west Half of the First East/West Alley South of Napoleon Between Duey and the First North /South Alley DATE DUE: 6/21110 FAX OR E -MAIL TO: 235 -9171 /,Imarti j9bsouthbend[ aov RECOMMENDATIONS AND COMMENTS: L� Lr By Date wm a�x�^ a�,: r3wmm�.�vwa++�+wa.snwa,5.nsxna� �.to-'�u4r5xem,�r?nrttn any+.. m�e ;�.vv,cnm�-�,ttrx;sn•x.`mv..,�m� :w.m^a�vY., awwx.,umra. nwnswr>�mµ z�aum;.� (6/16/20'ID� Linda Marhn - Re: �ilEe�Vacation Recommendation - Na�a%on /Quey �'�''�"�z�"`� �" "' "'"" '"" °""°"'"'"�"""""'•"�""° pa' "E 4:'H,S :u.Y.ykuap`i'S ql., v..Y!W +M= ee.Jf:hA`.- .Nnm,.�d oA�•s,.,� -. From: <pmgrifFn@NiSource.com> To: "Nancy Schrader" <NJSCHRAD@southbendin.gov >, <Imartin@southbendin.gov> Date: 6/16/2040 9:55 AM Subject: Re: Alley Vacation Recommendation - Napoleon/Duey Attachments: 545C- 510061509570.pdf NIPSCO has a 2 -inch steel gas main in alley proposed to be vacated. This steel gas main feeds the SB Public Housing complex just east of alley to be vacated. NIPSCO needs to maintain access to the 2 -inch steel gas main for maintenance purposes. Structures cannot be built over gas facilities. Philip M. Griffin Project Engineer - South Bend LOA Office Phone: 574- 284 -2214 Mobile Phone: 574-220-3804 FAX: 574 - 284 -2220 "Nancy Schrader" <NJSCH RAI) @south be ndin.gov> To <jbyorni@co.st- joseph.ln.us >, 06 /15/2010 10:15 <pmgriffin @nisource.com >, "Andre AM Price" <APRIC E @south bendin.gov>, "Chris Dressef" <CDRESSEL @southbendin.gov >, "Cheryl Greene" <CGREENE @southbendin.gov >, "Cart Littrell" <CLlTTREL @southbendin.gov>, "Federico Rodriguez" <frodrigu @southbendin.gov >, "Jeff Gibney" <jgfbney @southbendin.gov >, "Robert Mathia" <RMATHIA@southbendln.gov >, "Stephen Goen" <SGO1N @southbendin.gov> cc "Nancy Schrader" <NJSC HRAD @southbendin.gov> Subject Alley Vacation Recommendation - Napoleon /Duey Please provide your recommendation. INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 6/15/2010 TO: Andre Price, Solid Waste Bob Mathia, Community & Economic Development Carl Littreil, Engineering Department Chris Dressel, Community & Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development John Byorni, Area Plan Commission (Ibvorn_i co.st- joss h.in.us or 235 -9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (m riffin (@nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk tv- SUBJECT, REQUEST FOR RECOMMENDATION . ALLEY VACATION APPLICANT: LOCATION: DATE DUE: FAX OR E -MAIL TO: University of Notre Dame - Greg Hakaden The West Half of the First East/West Allay South of Napoleon Between Duey and the First North /South Alley 6/21/10 235 -9171 / Imartin@southbendin.gov RECOMMENDATIONS AND COMMENTS: I have no objection this alley vacation request, however, the )engineering Department should be sure the proposed vacation will not interfere with plans for Eddy Street Knolls development f y� By �" � � Date / d r t� From: Federico Rodriguez To.- Nancy Schrader Date: 6/18/201010:23 AM Subject: Re: Alley Vacation Recommendation - (Napoleon /Duey Approved S.B.F.D Federico "Chico" Rodriguez Fire Marshal South Bend Fire Dept, 1222 S. Michigan Street South Bend,In. 574- 235 - 7564(4) 574235- 9305(F) frodriqu@lgutbkndln.gov >>> Nancy Schrader 6/15/201010;25 AM >>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Pubtic Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235 -9251 Fax: (574) 235 -9171 This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was originally addressed. Any use by others is strictly prohibited. Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. 8yomi Larry P, Magliozzi Executive Director Assistant Director Phone 574 235 -9571 www.s tjosephcountyindiana .com /areaptan Fax 574 235 -9813 June 21, 2010 City of South Bend Board of Public Works 13`h Floor, County-City Building South Bend, Indiana 46601 RE: Alley Vacation Applicant: University of Notre Dame, c/o Greg Hakanen Vacation of the West Half of the First East/West Alley South of Napoleon Street between Duey Street and the First North /South Alley Dear Board Members: The staff has reviewed this petition. It is the staff's opinion that: (1) The vacation Would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. It is our understanding that the alley will be vacated so that the property can be added to the adjacent parcels for residential development. Therefore, the vacation will assist in the growth and development of the Northeast Triangle area lying immediately south of the Eddy Street Commons redevelopment area. (2) The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The alley to be vacated and the approximate north 150 feet of the adjacent north - south alley to the east are unimproved alleys. These alleys or said portions thereof are currently impassible due to vegetation. (See the attached aerial photograph,) Since the alley being vacated does not provide any immediate access to adjacent Parcels, the proposed alley vacation will not make access difficult or inconvenient. (3) The vacation would Trot hinder the public's access to a church, school, or other public building or place. There are no churches, schools, or other public buildings or places located near the alley to be vacated. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana (4) The vacation would hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. Said north -south alley east of the alley being vacated is improved south of the 1SO- foot unimproved and impassible area. This alley will continue to provide access to the multi - family housing development to the east. (See the attached aerial photograph.) Since the proposed alley vacation will not change any direct access or through access, the vacation will not hinder the use of any public way. Due to the above stated reasons, the staff recommends that the alley be vacated. Please contact our office if you have any questions or need any additional information. Sincerely, Derek Spier, AICP Planner Attachments: Aerial Map t - - c t tl a-Sm ,..r y y y ANA 4 y } t t uftic• [ !G - - - r rtt,jl.�t�l..'' ly @ Wk'' yP+y .fie •Intl : �'l��'>�r t ��tl �'s'>�� t�xy� lrs`I� y� ^ �"4�151"i,t1{ '1� nYj1i§. �,.� f r1�^` t y�Al tiil dla, t a d+ }h_ .. ��I���r<t, r �{nG �• rs �c P r �,y„ �s5+1 'R z a111., +.� t �:: , +t�f t�'�i , }IfoltSrl �k y�.. r -`� +,�• �r a;, 1 y ,'. t 1 y 51t, s t +P " +j�� • 1 }P i 1, 5 t . + .i� �' 'll = � 5 r4�., g , _+ y > 4 _ �4h,.,�r �' d.��% q d �s. - f � 'k l��ah-nit��� ki= s ' ����}: �, _�. t 4 a ' xb' A 5 ` } y i a _. u 1 3 i �l t15 ' t•4 }. Y! r` �,. - -, + � S5 r 1 y '+ ,yi �l +'�� b� +�t17e'r` y .a�.,�"��,. �, , t[¢n�� =Y4 t � �id�'1 C�t51 %��}�•t�x i�� i � ll, - 3 �Hh l4' d�A. S t� t 4YA - -',' Bu} j4�1�� �d� ['• (ytF�y�l e 14-r � � �y' �7. � 5} Cr £ •k'�` � ,.1 t} 5t ,t t , t �.n �M1YIN, v) 4 � •� • � ti' F 4 "IS` ' 11 1 . , y'tY' 1 ry L,y� ,. � y Y T• f: l ya 44i1� .., ..�.. ;1+. �'�'�'+ 1'�w.�wv.la}n1'�r�»<M 1 1 :''• 1` r �i�v11 }�,lol� 4 1�h1�1�1 { j1 �°iy�� tt y t -Yui�' A ' 1?,ti1 d la t ? t tltt � 1M� 4 yyy � t t I 1 a ' � 1 t f � ti lP INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS T4: DATE SENT: 611512010 Andre Pr(ce, Solid Waste Bob Mathia, Community & Economic Development Carl Littrell, Engineering Department Chris Dressel, Community & Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development John Byorni, Area Plan Commission (L6y�ntr�t a�7co.st- iQseph. in, us or 235 -9893 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's office FROM: Phil Griffin, NiPSCO (gym riffin(c_nisoMrce com) (FYI Only) Linda M. Martin, Clerk %0. — SUBJECT: �'"' �.._.. REQUEST FOR RECO4.'MENDATION - ALLEY VACATION APPLICANT: University of Notre Dame - Greg Hakaden LOCATION: The West Half of the First EasUWest Alley South of Napoleon Between Duey and the First North /South Alley DATE DUE: 6121/10 FAX OR E -MAIL TO: 235 -9771 I lrnartirCa�soPthfaeridin _ coo RECOMMENDATIONS AND COMMENTS: By Date S� X�¢ Y ' 1 SURVEY OROf;REp BY: UNXPS17T pF'NOTRE DAME StjRVEY DATED.- 08/11/2010 PROJECT NO,; 100145 270.00' R UK 310,79• Too.' 7W - LSD 34. K ALLEY ro BE VACATED �oUTLOT "A" _ LOT 1:1 f� t,07 :05 LOT `i r • ...�. �' lu' i . �f L^T r � POT :03 IC iV �S Ate-' ILT {LT r { Land Surveyor, Professlonof Engineers .-........ Landscape Architects Land Planners rnae. (su)TSa -40Q3 I (eoo)ssw -4oa3 . zap 070234 -4l tS l6k7 Commerce Ortm r 6oWr Bend. M 4862�- From: Stephen Goen To: Nancy Schrader Date: 6/21/2010 8:27 AM Subject: Re: Alley Vacation Recommendation - Napoleon /Duey No objections This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department - Traffic Investigations 701 W. Sample 5t South Bend, IN 46641 (574) 235-7515 (574) 235 -7538 >>> Nancy Schrader 6/I5/20I0 10:15 AM >>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235 -9251 Fax: (574) 235-9171 This message may contain confidential and/or proprietary information and is intended for the person /entity to whom it was originatly addressed. Any use by others is strictly prohibited. Page 1 of I Nancy Schrader - Re: Alley Vacation Recommendation - Napoleon /Duey From: Chris Dressel To: Nancy Schrader Date: 6/2112010 11 :33 AM Subject: Re: Alley Vacation Recommendation - Napoleon /Duey CC: Jeff Vitton Attachments: Jeff Vitton Recommended for approval Christopher D. Dressel Planner City of South Bend Division of Community Development 1200 County -City Building 227 W. Jefferson South Bend, IN 46601 Phone: 574- 235 -5847 Fax: 574-235-9697 cdressel@southt rndin.gav >>> Nancy Schrader 6/15/2010 10:15 AM >>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 217 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235 -9251 Fax: (574) 235 -9171 NNNNN/�rNNNrtrNNN n r n.ryhr/��NNN/��NArN /V A /NNNe�NlfrN NNNI� /NNNN Nh/l'.rN rtr hr This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was originally addressed. Any use by others is strictly prohibited. N n�N NhrN NN!\�NN /./ Nltr rtrn /N /.r /�.N N N N�VNN.1 /NN MNNNNN NNN NNI��rtrryMN N NR /N.y file:// Mocuments and Settings\NJSCHRADTocal Settings lTemplXPgrpwisel4CIF4E09,.. 6/21/2010 Derek D. Dieter President Oliver J. Davis July 22, 2010 Vice - President Ann Puzzello Chairperson, Committee of the Whole Mr. Derek Dieter President, South Bend Common Council Derek D. Dieter 4t` Floor, County -City Building First District South Bend, IN 46601 (574) 235 -9321 Fax (574) 235 -9173 TDD (574) 235 -5567 http-.1/www.southbendin.gov Henry Davis, Jr. Re; Substitute Bill 30 -10 Second District Thomas LaFountain Dear President Dieter: Third District Please accept for filing with the Common Council Substitute Bill 30 -10 which Ann Puzzello amends various Sections of Chapter 2, Article 9 of the South Bend Municipal Fourth District Code addressing the Human Rights Ordinance by the inclusion of new provisions for employment fairness. David Varner Fifth District This Substitute Ordinance adds a new Subsection 2- 127.10 that the ordinance is Oliver J. Davis not intended to extend employment benefits provided to spouses of employees to Sixth District domestic partners. Additionally, this revision changes the phraseology used throughout the ordinance from "sexual orientation, gender identity" to sexual Al `Buddy" Kirsits orientation or gender identity." At Large Thank you again for your consideration of this matter. Timothy A. Rouse At Large Karen L. White At Large 3t) _ 0_ 510 Si rel Oliver J. Davis, 6"' District Council Member j Ann Puzzello, 0' District council Member At "Buddy" Kirsits, Council Member at Large Substitute Bill No. 30-10 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 9, OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE HUMAN RIGHTS ORDINANCE BY THE INCLUSIONS OF NEW PROVISIONS ADDRESSING EMPLOYMENT FAIRNESS STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana, has long been a respected leader in the area of municipal legislation in the State of Indiana, and thus, it has been determined that the current South Bend Human Rights Ordinance should be amended to prohibit employment discrimination based on sexual orientation or gender identity, and to provide remedies for such discrimination occurring within the city Iimits. Presently, under Mayor Stephen J. Luecke's Executive Order issued in 2009, persons employed by City of South Bend are protected from job discrimination due to sexual orientation, gender identity, and persons employed by the State of Indiana enjoy similar rights under Governor issued Executive Orders. It is fair, reasonable, and appropriate that citizens of South Bend who work for other employers within the City receive the same protection. South Bend is committed to the principle that all persons within this City be recruited, hired, developed, promoted, and treated as employees on the basis of individual merit and ability. To achieve this objective, by guaranteeing the right of nondiscrimination in employment without reference to a person's sexual orientation and/or gender identity, it is necessary to amend South Bend's Human Rights Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 2, Article 9 of the South Bend Municipal Code shall be amended to read in its entirety as follows: ARTICLE 9. HUMAN RIGHTS ORDINANCE. Sec. 2 -126. Short Title. This article shall be known as the South Bend Human Rights Ordinance. See. 2 -127. Purpose. (a) It is the public policy of the City of South Bend to provide all of its citizens equal opportunity for education, employment, access to public conveniences and accommodations, and acquisition through purchase or rental of real property including, but not limited to, housing, and to eliminate segregation or separation based on race, religion, color, sex, disability, national ancestry, sexual orientation or gender identity in employment, and familial status in origin or incest e.. ,. _..... , . housing, since such segregation is an impediment to equal opportunity. Equal education and employment opportunities and equal access to and use of public accommodations and equal opportunity for acquisition of real property including but not limited to housing are hereby declared to be civil rights. (b) The practice of denying these rights to properly qualified persons by reason of race, religion, color, sex, disability, national origin or ancestry, sexual orientation or gender iden9ty in the matter of employment, or familial status in the case of housing of such person is contrary to the principles of freedom and equal opportunity, and is contradictory to the objectives of the public policy of this City and shall be considered discriminatory practices. The promotion of equal opportunity without regard to race, religion, color, sex, disability, national origin or ancestry, sexual orientation or gender identi1y in the matter of employme nt or familial status in the case of housing, through reasonable methods is the purpose of this Article. (c) It is also the public policy of this City to protect employers, labor organizations, employment agencies, property owners, real estate brokers, builders, builders and lending institutions from unfounded charges of discrimination. Sec. 2- 127.1. Prohibited Conduct. (a) No person shall discriminate against any other person in education, employment, access to public conveniences and accommodations based on race, color, sex, disability, national origin, ancestry, or sexual orientation or gender identity in the matter of employment. Nor shall any person deny any other person equal opportunity for education, employment, access to public conveniences and accommodations based on race, religion, color, sex, disability, national origin, ancestry or sexual orientation or gender identityn the , matter of employment. Such discrimination or denial of equal opportunity shall be an unlawful practice. (b) No person shall refuse to sell or to rent after the making of a bona fide offer; refuse to negotiate for the sale or rental or otherwise make unavailable or deny a dwelling; or otherwise discriminate against any person in the terms, conditions, privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental of a dwelling because of a person's race, color, religion, sex, familial status, disability, or national origin. Conduct in violation of this section shall be an unlawful practice. (c) No person may coerce, intimidate, threaten or interfere with any other person: (1) In the exercise or enjoyment of any right granted or protected by this chapter; or (2) Because the person has exercised or enjoyed, or has aided or encouraged another person in the exercise or enjoyment of, any right granted or protected by this chapter. [P.L. 66- 1990, § 2.] 2 (d) No person shall commit any other discriminatory practices as defined in any other section of this Article. (e) Protections in this Article against discriminatory practices with re and to sexual orientation or gender identity shall not Lapply to decisions of an employer which is a religious society or order, association organization, institution or related entit when such pLotections affect the definition advancement of the missions practice(s) or belie s of such religious society or order, association organization, institution or related entity charged with the implementation of such decision or decisions and no requirement of this article shall compel any person to act in a manner contrary to that which has been granted specific protection by the United States Su rp eme Court in Boy Scouts o .4merica and Monmouth Council et al. v. Dale 530 U.S. 640 L2000). The protections in this Article a ainst discriminatory ractices regarding sexual orientation or gender identit y in employinent shall not be construed to require that health care plans, insurance ension or similar additional benefits provided by em to ers and benefiting the spouses of employees be extended to non - married domestic Partners of anv emnlovee. (e) W This Article shall be construed broadly to effectuate its purpose See, 2 -125. Definitions. (a) The term "Commission" shall mean the South Bend Human Rights Commission. (b) The term "director" shall mean the Director of the South Bend Human Rights Commission. (c) The term "Commission attorney" shall mean the City Attorney or such assistants of the City Attorney as may be assigned to the Commission, or such other attorney as may be engaged by the Commission with the consent of the City Attorney. (d) The term "employee" shall mean any person employed by another for wages or salary; provided, that it should not include any person employed by his or her parents, spouse or child. (e) The term "employer" shall include the City of South. Bend, or any department thereof, and any person having six (6) or more employees within the State of Indiana and doing business within the City, except that the term does not include: (1) Any bona fide private membership club (other than a labor organization) which is exempt from taxation under Section 501(c) of the Internal Revenue Code of 1454; (2) Any school, educational or charitable institution owned or conducted by or affiliated with a church or religious institution to the extent that the school, educational or charitable institution hires employees of a particular religion; (3) Any office, officer, board, commission, department, division, bureau, committee, fund, agency, and, without limitation by reason of any enumeration herein, any other instrumentality of the State of Indiana, any hospital, any penal institution and any other 3 institutional enterprise and activity of the State of Indiana, wherever located; the universities supported in whole or in part by State funds; and the Judicial Department of the State of Indiana. (f) The term "employment agency" shall mean any person undertaking, with or without compensation, to procure, recruit, refer or place employees. (g) The term "labor organization" shall mean any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment or of mutual aid or protection in connection with employment. (h) The term "educational institution" shall mean all public and private schools and training centers except those affiliated with religious institutions, only insofar as they may give preference to members of their religious group in selecting their students, except that they shall not discriminate on the basis of race, color or national origin. (i) The term "discriminatory practice" shall mean the exclusion of a person by another person from equal opportunity or a system which excludes persons from equal opportunity in employment, education, public conveniences and accommodations because of race, religion, color, sex, disability, national origin, er ancestryt_or sexual orientation or gender identity in the matter of employment. A discriminatory practice also means the refusal to sell or rent after the making of a bona fide offer; the refusal to negotiate for the sale or rental or otherwise making unavailable or denying, or otherwise discriminating against any person in the terms, conditions, privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental of a dwelling because of a person's race, color, religion, sex, familial status, disability, or national origin. A "discriminatory practice" shall also include the following: 1. Advertising for the sale or rental of a dwelling in a manner that indicates any preference, limitation, or discrimination because of race, color, religion, sex, disability, familial status, or national - origin; 2. Falsely representing that a dwelling is not available for inspection, sale, or rental based on race, color, religion, sex, disability, familial status, or national origin; 3. Coercion, intimidation, threats, or interference with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise of enjoyment of any right granted or protected by sections 2- 128.1, 2- 128.2, 2- 128.3, 2 -128.4 or 2 -128.5 of this chapter; 4. Biockbusting based on representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, disability, familial status, or national origin; 4 5. Discrimination because of race, color, religion, sex, disability, national origin, or familial status by persons or entities whose business includes engaging in residential real estate transactions in the making of a loan or the granting of financial assistance for residential real estate, in the selling, brokering or appraisal of residential real estate, or by the denial of access to or participation in a multiple - listing service or other real estate broker organization or services. Every discriminatory practice relating to the acquisition or sale of real property, education, public accommodations or employment shall be considered unlawful unless it is specifically exempted by this Article. 6) "Public accommodation" shall mean any establishment, organization or authority which caters or offers its services or facilities or goods to the general public, including, but not limited to, motels, hotels, theaters, stores, public restaurants, public library services, and public recreational services and facilities. (k) "Charging party" shall mean any individual charging on his own behalf to have been personally aggrieved by a discriminatory practice or the Director of the Commission with the approval of the full Commission charging that a discriminatory practice was committed against a person other than himself or a class of people in order to vindicate the public policy of the City of South Bend as defined in sections 2- 127, 2. 128.1, 2- 128.2, 2- 128.3, 2 -128.4 and 2 -128.5 of this Article. (1) "Charge" shall mean any written grievances filed by a charging party with the Commission. The original shall be signed and verified before a notary public or other person duly authorized by law to administer oaths and take acknowledgments; notarial service shall be furnished by the Commission without charge. To be acceptable by the Commission a charge shall be sufficiently complete so as to reflect properly the full name and address of the charging party; the name and address of the respondent against whom the charge is made; the alleged discriminatory practice and a statement of the particulars thereof; if of a continuing nature, the dates between which said continuing acts of discrimination are alleged to have occurred; and a statement as to any other action, civil or criminal, instituted in any other form based upon the same grievance as is alleged in the charge, together with a statement as to the status or disposition of such other action. No charge based upon discrimination in housing and housing related transactions as prohibited by this act shall be valid unless filed within one (1) year from the date of the alleged act. No charge based upon any discrimination other than housing and housing related transactions shall be valid unless filed within ninety (90) days from the date of the alleged act, or from the date of the termination of a published and meaningful grievance procedure provided by a respondent employer, or labor union. (m) "Respondent" shall mean any person against whom a charge is filed, (n) "Consent agreement" shall mean a formal agreement entered into in lieu of adjudication. (o) "Affirmative action" shall mean those acts which the Commission deems necessary to assure compliance with the South Bend Human Rights Ordinance. 5 (p) The term "sex" as it applies to segregation or separation in this article shall apply to all types of employment, education, public accommodation and housing. (q) "Disabled" or "disability" means, with respect to a person: (1) A physical or mental impairment that substantially limits one (1) or more of the person's major life activities; (2) A record of having an impairment described in subdivision (1); or (3) Being regarded as having an impairment described in subdivision (1). The term does not include current illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. § 802). The term does not include an individual solely because the individual is a transvestite. (r) "Person" means one (1) or more individuals, partnerships, associations, organizations, corporations, labor organizations, cooperatives, legal representatives, trustees, trustees in bankruptcy, mutual companies, joint -stock companies, trusts, unincorporated organizations, trustees, receivers, fiduciaries and other organized groups of persons. (s) "Familial status" means that the person who is the subject of discrimination is: (1) Pregnant; (2) Domiciled with an individual younger than eighteen (18) years of age in regard to whom the person: (A) Is the parent or legal custodian; or (B) Has the written permission of the parent or legal custodian for domicile with that person; or (3) In the process of obtaining legal custody of an individual younger than eighteen (18) years of age. (t) "To rent" includes to lease, to sublease, to let, or to otherwise grant for a consideration the right to occupy premises not owned by the occupant. (u) "Dwelling" means: (1) Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residency by one (1) or more families; or (2) Any vacant land that is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure described by subdivision (1). G (v) "Secretary" means the Secretary of Housing and Urban Development. w "Gender identity" means an individual having QLbeing perceived as having a ender - related self identity, self - image, gppearance, expression or behavior different from those characteristics traditionally associated with the individual's assigned sex at birth. x "Sexual orientation" means an individual's actual or perceived identity-or practice as a lesbian woman , gay man bisexual person or heterosexual erson. Sec, 2- 128.1, Prohibited Notices, Statements, Advertisements, or Representations in Housing. (a) A person may not make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin, or an intention to make such a preference, limitation, or discrimination. (b) A person may not represent to any person because of race, color, religion, sex, disability, familial status, or national origin that a dwelling is not available for inspection, for sale, or rental when the dwelling is so available. (c) A person may not, for profit, induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person or persons of a particular race, color, sex, disability, religion, familial status or national origin. See. 2- 128.2. 11a"dieupped Disabili Discrimination in Housing. (a) A person may not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to any buyer or renter, nor may a person discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with the dwelling because of a disability of: (1) The buyer or renter or person; (2) A person residing in or intending to reside in the dwelling after the dwelling is sold, rented, or made available; or (3) Any person associated with the buyer or renter or person. (b) For purposes of this section only, discrimination includes the following: (1) A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises. 7 (2) A refusal to make reasonable accommodations in rules, policies, practices or services, when the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling. (3) In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in a manner that: (A) The public use and common use parts of the dwellings are readily accessible to and usable by disabled persons; (B) All the doors are designed to allow passage into and within all premises within the dwellings and are sufficiently wide to allow passage by disabled persons in wheelchairs; and (C) All premises within the dwellings contain the following features of adaptive design: 1. An accessible route into and through the dwelling; 2. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; 3. Reinforcements in bathroom walls to allow later installation of grab bars; and 4. Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space. (c) As used in subsection (b), "covered multifamily dwellings" means: (1) Buildings consisting of four (4) or more units if the buildings have one (1) or more elevators; and (2) Ground floor units in other buildings consisting of four (4) or more units. (d) Compliance with the rules of the fire prevention and building safety commission that incorporate by reference the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically disabled people (ANSIA117.1) satisfies the requirements of subsection (b)(3)(C). (e) This section does not require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. [P.L. 66 -1990, § 2.] 8 Sec. 2- 128.3. Loans or Financial Assistance. (a) As used in this section, "residential real estate related transaction" means the following: (1) Making or purchasing loans or providing other financial assistance: (A) To purchase, construct, improve, repair, or maintain a dwelling; or (B) Secured by residential real estate. (2) Selling, brokering, or appraising residential real property. (b) A person whose business includes engaging in residential real estate related transactions may not discriminate against a person in making a real estate related transaction available, or in the terms or conditions of a real estate related transaction because of race, color, religion, sex, disability, familial status, or national origin. [P.L. 66 -1190, § 2.] Sec. 2- 128.4. Brokers' Organizations, Services, or Facilities. A person may not deny any person access to, or membership or participation in, a multiple - listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership, or participation in such an organization, service, or facility because of race, color, religion, sex, handicap, familial status, or national origin. [P.L. 66 -1990, § 2.] Sec. 2- 128.5. Elderly Housing Exception to Discrimination Based on Familial Status. (a) The denial of housing rights and opportunities based on familial status as prohibited by this article shall not apply to housing intended for and solely occupied by persons over sixty -two (62) years of age or older or which is designed and operated to assist elderly persons under a federal or state program. If there are persons living in such housing under age sixty -two (62), this exception applies provided that: (1) All occupants after September 13, 1988 are at least sixty -two (62) years old; (2) Any unoccupied units are reserved for occupancy by persons at least sixty -two (62) years old; and (3) Any persons under age sixty -two (62) occupying said housing after September 13, 1988 are employees of the housing and their family members residing in the same unit, and such employees perform substantial duties directly related to the management or maintenance of the housing. Z (b) The determination of whether any housing unit falls within the exception created by this section shall be made by the Commission and shall be consistent with any determinations already made by the Secretary of Housing and Urban Development. See. 2- 128.6. Single-Family and Small Unit Exception. (a) Except for the prohibition against the making, printing or publishing of a We or rental notice containing discriminatory preference or limitation as set forth in section 2- 128.1(a) of this article, no other prohibition concerning housing or housing related practices shall apply to: (1) Any single- family house sold or rented by an owner: Provided, that such private individual owner does not own more than three (3) such single - family houses at any one time: Provided further, that in the case of the sale of any such single- family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four - month period: Provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three (3) such single- family houses at any one time: Provided further, that after December 31, 1969, the sale or rental of any such single - family house shall be excepted from the application of this title only if such house is sold or rented (A) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (B) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section 2- 128.1(a) of this article; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; or (2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. (b) The determination of whether any housing unit falls within the exception created by this section shall be made by the Commission and shall be consistent with any determinations already made by the Secretary of Housing and Urban Development, See. 2 -129. Hilman Rights Commission Created, Composition; Tenure of Members, Filling Vacancies; Removal, Compensation. (a) There is hereby created a South Bend Human Rights Commission composed of nine (9) members who are residents of the City of South Bend and are representative of the racial, ethnic, religious, economic and educational groups in the community. 10 (b) Successors to all members of the Commission shall be appointed for terms of four (4) years, except when appointed to fill a vacancy, in which case such appointment shall be for the unexpired term. (c) Members of the Commission may be removed by the appointing authority for just cause. All members of the Commission shall serve without compensation. ,Sec. 2 -130. Appointment of Members, Quorum; Election of Officers; Meetings; Concurrence of Majority Required for Action. (a) Six (6) members shall be appointed by the Mayor and three (3) members shall be appointed by the President of the Common Council. Each appointment shall be for a term of four (4) years. In the event of death or resignation of any member, his successor shall be appointed to serve for the unexpired period of the term for which such member had been appointed. Members of the Commission may be removed by the appointing authority for just cause. All members of the Commission shall serve without compensation and any five (S) members shall constitute a quorum. (b) The Commission shall elect from its membership once each year a chair, vice -chair and secretary. (c) The Commission shall hold one (1) regular meeting each month and such special meetings as the chair may deem necessary. (d) It shall take the concurrence of a majority of the Commission membership to take legal or official action, except that a determination of probable cause may be based upon a concurrence of a majority of Commissioners voting upon the case excluding members abstaining. See. 2 -131. Powers and Duties of Commission. The Commission is empowered to and shall do the following: (a) Establish and maintain a permanent office in the City of South Bend (b) Recommend to the Mayor for appointment an executive director, or such personnel as it may deem necessary, and to prescribe their duties. (c) Adopt, promulgate, amend and rescind such rules and regulations, procedural and substantive, as may be consistent with the provisions of this article and state laws. Such rules and regulations shall be adopted in accordance with the provisions of this article as it may hereafter be amended. (d) Formulate policies to effectuate the purposes of this article and make recommendations to the City to effectuate such policies. The several departments, commissions, boards, authorities, divisions, bureaus and officers of the City may furnish the Commission, upon its request, all 11 records, papers, and information in their possession relating to any matter before the Commission. (e) Receive and investigate charges of discriminatory practices. The Commission shall not hold hearings in the absence of a charge as herein defined. All investigations of charges shall be conducted by staff members of the Commission. (f) Issue such publications and such results of investigations and research as in its judgment will tend to minimize or eliminate discrimination because of race, color, religion, sex, disability, national origin or ancestry, sexual orientation or gender identity in the matter of em to ent, or familial status in the case of housing. (g) Prepare and issue a report annually to the Common Council and Mayor, describing in detail the investigation and conciliation proceedings it has conducted and their outcome, the progress made and any other work performed and achievements towards the elimination of discrimination. (h) Prevent any person from discharging, expelling or otherwise discriminating against any other person because he filed a charge or has testified in any hearing before this Commission, or has in any way assisted the Commission in any matter under investigation. (i) Appoint hearing officers, hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any such person under oath, and require the production for examination of any books and papers relating to any matter under investigation or in question before the Commission. The Commission shall have the exclusive power to subpoena, but it shall consult with the Department of Law concerning the issuance of a subpoena. The Department of Law may veto the issuance of a subpoena if and only if such an issuance would be an abuse of the Commission's subpoena power. Abuse of the Commission's subpoena power shall include but not be limited to use of such subpoena power for harassment purposes, issuance of a subpoena for information clearly irrelevant to the investigation being conducted, and issuance of a subpoena for information over an excessively broad span of time. Contumacy or refusal to obey a subpoena issued pursuant to this section shall constitute a contempt. All hearings shall be held within the City of South Bend at a location determined by the Commission. A citation of contempt may be issued upon application by the Commission to the circuit or superior court, or judge thereof, in the County in which the hearing is held or in which the witness resides or transacts business. (1) The Commission shall state its finding of fact after a hearing, and, if the Commission finds a person has engaged in an unlawful discriminatory practice, it may cause to be served on such person an order requiring such person to cease and desist from the unlawful discriminatory practice and requiring such person to take further affirmative action as will effectuate the purposes of this article, including but not limited to the power to restore charging party's losses incurred as a result of discriminatory treatment, as the Commission may deem necessary to assure justice. The Commission may require the posting of notice setting forth the public policy of Indiana concerning civil rights and the 12 respondent's compliance with said policy in places of public accommodations; and it may require proof of compliance to be filed by the respondent at periodic intervals. (A) Except in housing cases which are separately treated in sub -part (C) of this section, the Commission may impose a penalty upon any respondent of one thousand five hundred dollars ($1,500.00) for the first and second violation of this article within a five -year period, and may further impose a penalty of two thousand five hundred dollars ($2,500.00) for three (3) or more violations of this article within a five -year period. (B) When applied to discrimination in employment, the Commission shall also have power, to the extent consistent with state law , to restore charging party's losses by awarding damages including wages, salary, commissions, fringe benefits in an amount not to exceed that lost over a two -year period. For discrimination in employment and housing, the Commission shall also have the power, to the extent consistent with state law, to award damages which will compensate charging party for future pecuniary loss, emotional pain, suffering, inconvenience, anguish, loss of enjoyment of life and other non - pecuniary losses, costs and attorney fees. (C) To vindicate the public interest in cases of housing discrimination, the Commission may assess a civil penalty of two thousand five hundred dollars ($2,500.00) for each commission of a discriminatory housing practice. (D) The Commission may sue to recover a civil penalty due under this section. [P.L. 66 -1990, § 2.] (2) Judicial review of any decision of the Commission as referred to in this article may be obtained under IC 4- 21.5 -1 in the same manner as if the decision was that of a State agency. However, only in those cases involving discriminatory housing practices as prohibited by this Chapter, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have decided in a civil action those claims asserted in a finding of probable cause. Such election must be made not later than twenty (20) days after the date of receipt by the electing person of service under this chapter, and such person shall give written notice to the Commission and all other complainants and respondents to whom the finding of probable cause relates. Such civil action shall be filed in the circuit or superior court of St. Joseph County or any other court of proper jurisdiction, and if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may grant any relief appropriate in a civil action under this Article or IC 22- 9.5 -8.1 -2 or as authorized by the Civil Rights Act of 1991, or the federal Fair Housing Act. (3) In those cases involving discriminatory housing practices as prohibited by this Act where final adjudicative Commission action is in favor of the charging party, the charging party shall be permitted to have damages determined in the circuit of superior court of St. Joseph County or any other court of proper jurisdiction having the power to 13 award punitive damages as allowed by the Fair Housing Act. Charging parties shall make such a request to the Commission in writing within five (5) days from the notice of final Commission action, which notice shalt advise charging party of this right to damage determination, and the Commission shall represent charging party at the Commission's expense in such court action for damages. The Commission shall seek such a judicial determination of damages within one (1) year of the alleged discriminatory housing practice. If it is impracticable for the Commission to seek such a determination within one (1) year of the alleged discriminatory act, it shall notify charging party and respondent in writing of its reasons for not doing so, and shall undertake such judicial determination as soon as practicable. 0) Deduce the terms of conciliation agreed to by the parties to a writing to be called a "consent agreement" which the parties and a majority of the Commissioners shall sign and when so signed . the consent agreement shall have the same effect as a final decision of the Commission. If the Commission determines that a party to a consent agreement is not complying with the agreement, the Commission may obtain enforcement of the consent agreement in a circuit or superior court upon showing that the party is subject to the Commission's jurisdiction. (k) Institute actions in the St. Joseph Superior or Circuit Court for appropriate or equitable relief. (1) Transfer cases to the Indiana Civil Rights Commission or to an appropriate federal agency and to receive cases transferred from the Indiana Civil Rights Commission or from an appropriate federal agency. The South Bend Human Rights Commission shall proceed to act on any case transferred to it from the Indiana Civil Rights Commission as if the case had been originally filed with the South Bend Human Rights Commission as of the date the charge was filed with the Indiana Civil Rights Commission. Sec. 2 -132. Discrimination in Performance of City Contracts. Every contract to which the City is a party, including franchises granted to the public utilities, shall contain a provision requiring the contractor and his subcontractor not to discriminate against any employee or applicant for employment who is to be employed in the performance of such contracts with respect to his hire, tenure, terms, conditions or privileges of employment, because of his race, religion, color, sex, handicap, sexual orientation gender identity, national origin or ancestry. Breach of this covenant may be considered a material breach of the contract. Sec. 2- 132.1. Private Enforcement. This section may be enforced by an aggrieved charging party through the commencement of an action in the St. Joseph County Circuit or Superior Court or any other court of proper jurisdiction not less than one (1) year after the occurrence or termination of the alleged discriminatory practice. 14 Section II. Severability. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect from and after is passage by the Common Council, approval by the Mayor and legal publication. Member, South Bend Common Council Attest: John Voorde, City Clerk Presented by me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the day of , 2006, at o'clock . m. Janice Talboom, Deputy Clerk Approved and signed by me on the day of 2006 at o'clock .m. ' Stephen J. Luecke Mayor of the City of South Bend, Indiana. g READING USLIC HEARING ;d BEADING 10i APPROVBD !EFERREa �ASSW r 15 Fish -1 lin Ckon ;' Office J U IL ?. ? 2010 ^1;^ -J V r) � . CITY GLE-I K, �1; }. G510, IN. 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 6850 ENTERPRISE DRIVE 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: 6850 Enterprise Drive South Bend, IN 46628 in order to permit a portion of the building to be used for a Gymnastics Studio classified under a "Recreation Use" in the special exception section of the Light Industrial ordinance. SECTION IL 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: I . 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; I 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. Member of the Common Council Skintng of -lo Ji Wad awn Fi w • a.. NOT APPROVED Fite to lenk's Office JUN 1 5 2010 C�) FEND, IN. Q9 Oo CA m 3 r+ m ml 13 fD 0 C: fD "0 1 HOLLADAY PROPERTIES Building Solutions Since 7952 227 South Main Street Suite 300 South Bend Indiana 46601 PHONE (574) 234 -2073 FAX (574) 284 -3790 The operation of the gymnastics facility will take place within their demised premises and will not adversely affect the value of any neighboring properties. Most of the children who will attend this facility can not drive and will be supervised by a parent, coach, or instructor at all times. The Gymnastics Studio is a specific use listed as a special exception within the Light Industrial zoning classification, and this building will need that exception in order for this group to operate out of the facility. Also, the reduction in required parking spaces from 640 spaces to 40 spaces will not cause any undue harm to the public health, safety, morals, or general welfare. Currently, Elite Sports only has 5 employees, and there are only 2 or 3 gymnasts who are old enough to drive themselves to practice. Most of the traffic is for pick -up and drop - off of the gymnasts. The parking requirement should be viewed in the same light as a child care use which requires 1 parking space for every employee with an additional 3 parking spaces available. The proposed use is consistent with the character of the uses within this district and is listed as an acceptable use for this space within the ordinance. Finally, the proposed use is consistent with the recommendations compiled in the South Bend City Comprehensive Plan, and will not detract from the character of this area or the rest of the City. F. The current zoning classification for this property is: Light Industrial The property is located in: German Township G. Ameriplex Ce tre Partners, L,P. Joh . Phair esident of General Partner South Bend Indianapolis Chicago /Portage Richmond Nashvifle www.holladayproperties.com Prope Owners within 1w of Subject Pro Sub ect 8MVerty Ameriplex Partners, L.P. 6850 Enterprise Drive South Bend, IN 46628 1. Lonewolf Enterprises LLC c/o Deluxe Sheet Metal 6561 Lonewolf Drive, Suite 100 South Bend, IN 46628 Key Number: 025 -1011- 018707 2. South Bend Redevelopment Commission 227 W. Jefferson Blvd., Suite 1200 South Bend, IN 46601 Key Numbers: 025- 1011 - 018705; 025- 1011- 018701; 025 -1011- 018703; 025- 1011- 018702; 025 -1011- 018704 3. BCL South Bend LLC c/o Daniel Shochtman 450 Skokie Blvd., Suite 604 Northbrook, IL 60062 Key Number: 025 - 1011 - 018708 4• Olive Enterprise Partners, L.P. 6879 Enterprise Drive South Bend, IN 46628 Key Number: 025 - 1011 -0187 5. JVE Investments LLC 7101 Vorden Parkway South Bend, IN 46628 Key Number: 025 - 1011 -018603 6. Norma Baney 24605 Cleveland Road South Bend, IN 46628 Key Number: 004 -1011- 018901 7. BW Business Park LLC c/o Tire Rack 7101 Vorden Parkway South Bend, IN 46628 Key Number: 004 -1011- 018604 8. Gibbs Wire and Steel Company 3751 Olive Road South Bend, IN 46628 Key Number: 004 - 1011 - 018602 9. Partners Property Management LLC 3650 N. Olive Road South Bend, IN 46628 Key Number: 004- 1011 -0188 ert gF i'ie s slmI o MEMO O jV I ro CA C) Ln lq� M r+ m Pmt O MEN nr ID rY soma V. IOU 414 Dill i`I O jV I ro CA C) Ln lq� M r+ m Pmt O MEN nr ID rY AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 Pnx: (574) 235 -5541 6 . f � 0 " (0. -� 3'1 July 8, 2010 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 Ameriplex Partners, L.P. for Recreational Use /Gymnastic Studio ABZA 7/7/10 Dear Council Members: The above referenced petition of Ameriplex Centre Partners, L. P. was legally advertised on June 20, 2010. The Area Board of Zoning Appeals gave it a public hearing on July 7, 2010, 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 of Ameriplex Partners, L.P. for Recreational Use /Gymnastic Studio, on property located at 6850 Enterprise Drive, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Charles C. Bulot, C.B.O, Building Commissioner CCB /cah AIVIERIPLEX CENTRE. PARTNERS, L.P. SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS FINDI1\�QS OF FACT 3. TI-IE PROPOSED i:,SE WILL NOT B }W INJUIZIOUS TO i "HL= PUBLIC I -iEALTH. SAFETY. COMFORT. COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL \vELI=AR3= BECAUSE: Development and use as presented «.ill comp?v with all building. fire safety. traffic_ and Parking regulations as to not being injurious to the public healtJi. safcvv, morals. and general welfare of the community. w. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE L,S_F OI- THE ADJACIrNT AI21 =A OR PROPERTY vALL ?ES THERE N BECAUSE: The variance or use shall i9nprove the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTIrNT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the propert)� predate the Zoning Ordinance, which creates a different condition for this property. 4. TI -qL- PROPOSED USE 3S COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BE`D C0-WREHE_NS]JrEFLANBECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from. it's intent. L CONDITIONS OR REVISIONS: DECISION IT IS THER-EFORE the decision ofthe Hoard that this request for Special Exception shall be passed onto the City of South Bend Common Council \vith a: FAVORABLE RECOMMENDATION ADOPTED this 7rh Da% of JULY. 2010. 1'ES NO 0 MICHAEL URBANSKI ABSFN"T R.ANDA3 —L MATTHYS I! JACK YOUNG ABSENT _TACK HICKEY GERALD PH3PPS ® ROBERT HAWLE'Y` JOE VELLEMAN 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 3425 WEST LATHROP DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A NINE (9) YEAR REAL PROPERTY TAX ABATEMENT FOR MC CORMICK AND 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 3425 West Lathrop Drive, South Bend, Indiana, and which is more particularly described as follows: 8.44 AC Tract; Mid PT S Side SE '/ Beg 990, W & 40' N of SE Cor SE SEC 28- 38 -2E. and which has Key Number 025 -1010- 0403.01, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development 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 seq., 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 and Economic Development 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 Inds 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 sere ., 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. 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 nine (9) years. 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 § 5- 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. NOT APPROVE6, h!)C PTUC Member of the Common Co cil ��"C't"sx� �� 4� _ fY" ?i� (:;, !,i13e. i�`•1'2 (: x � a 1W wrx�� F� •• aid 1200 Cowry-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 5741235 -9371 FAx 5741235 -9021 TDD 5741235 -5567 CITY or- SouTH BEND STEPHEN J. L.uECKE, MAYOR COMMUNITY & .ECONOMIC DEVELOPMENT JEFFREY V. GISNEY ExEcmvE DIRECTOR July 2, 2010 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property & Personal Property Tax Abatement Petitions for: MC CORMICK AND COMPANY, INC. (Bill Nos. 10 -28 & I0-29) Dear Council Member Rouse: Consideration of the Designating Resolutions for the subject petitions was scheduled for Monday, Junel4, 2010. However, prior to that meeting the Petitioner requested additional time to review their petitions and reconsider some of the projections related to their project that they made. Consideration of the Designating Resolutions was continued indefinitely until further notice would be received from McCormick. The company has completed its review and submitted revised petitions. The only change made on both petitions is the number of employees to be retained was reduced from 125 to 123. However, the total annual wages increased from $5,802,988 to $6,288,998. The size of the project has not changed and the total estimated costs for the construction and for the equipment portions of the project have remained unchanged. In addition, because the Petitioner is still in the early stages of its planning process it does not have a firm list of construction contractors, subcontractors and suppliers. Therefore, a range of public benefit points and years was estimated for the length of the company's real property tax abatement term. The estimated points and the range of years have not changed. Finally, neither the estimated taxes to be paid nor the estimated taxes to be abated have changed for either petition. A copy of the revised petitions and updated versions of my staff reports are attached for the two tax abatements. A representative of the Petitioner will be available to meet with the Council's Community and Economic Development Committee at its afternoon meeting on Monday, July 12, 2010 and with the full Council at its public meeting on that same date. COMMUNITY DEVLI.OP14 ew ECONOMIC DEVELOPMENT FINANCLu & PROGRAM PAMELA C. MI( YEA DONALD E. INKS . MANAGEMENT 574/235 -9660 5741235.9371 ELiZASETIq LEONARD FAX: 574/235,9697 5741235 -9371 South Bend Common Council Community & Economic Development Committee RE: Tax abatements for McCormick and Company, Inc. July 2, 2010 Page 2 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 -5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks 1200 COUNTY -Crfy BUILDING 227 W JEFFERSON BOULEVARD SouTH BEND, INDmA 46601 -1830 PHONE 5741235 -9371 FAX 5741 23 5 -902 1 TDD 5741235 -5567 CITY of SouTH BENb STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GmNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: MC CORMICK AND COMPANY, INC. DATE: July 2, 2010 On July 2, 2010, a revised petition for personal property tax abatement consideration for property located at 3425 West Lathrop Drive was filed with the City Clerk by McCormick and Company, Incorporated. The original petition was submitted on May 11, 2010. 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 and Economic Development 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 and Economic Development has reviewed the petition, investigated the area, and makes the following report, PROJECT SUMMARY McCormick and Company is proposing to construct and equip an approximate 50,000 square foot addition to their manufacturing facility. The addition will house a distribution operation for the products the company makes. The company's products include condiments (ketchup, mustard, salad dressing, etc.) for major restaurant chains. The company is weighing where to locate the proposed addition. Sites in Michigan, Illinois and other states where McCormick has manufacturing /distribution facilities are also being considered. The equipment to be purchased includes fork lifts, coolers, racking, computers, and furniture and fixtures. The estimated cost of the equipment is $875,173. The addition's construction is estimated to cost $5,010,913. A real property tax abatement application is being submitted as part of the total project. The total project cost is estimated to be $5,886,086. COMMUNITY DEVELOPMENT ECONOMIC DEvFLoPMENT FINANCIAL & PROGRAM PAAIELA C. MEYER DONALD E. INKS MANAGEMENT 574/235 -9660 5741235 -9371 ELIZABETH LEONARD FAX! 574/235 -9697 5741235 -9371 South Bend Common Council RE: Tax Abatement for McCormick and Company, Inc. July 2, 2010 Page 2 For the personal property portion of the project, total taxes to be abated during the (5) five -year abatement period are estimated at $6,471. Total additional taxes to be ppid as a result of the project during the five -year abatement period are estimated at $66,230. EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will create five (5) new, permanent, full -time jobs within the first year of the project representing a new annual payroll of approximately $177,247. The project will retain one hundred twenty -three (123) existing permanent, full -time jobs (of which 30 are minority employees) with an annual payroll of $6,288,998. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the Petitioner has been granted or been associated with one (1) previous tax abatement as shown below. In addition, at this time the firm is also petitioning for a real property tax abatement. Term /Type Resolution No. 5 -year personal property 3598 -06 Date 6/12/2006 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 Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for real property tax abatement must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the Petitioner meets the qualifications for a (5) five -year personal property tax abatement under section 2 -84.2, Tangible Personal Property Tax Abatement. ■ * o a r Q a � _ * h r Q p 0 O- Lo !• MO Cl) CV A W W t- Co N W N a0 ti M IM t- S O N y p } oo N N 6 h h5 CD (0 N O'� V' U-5 (� M N N h N o o 'Ct m p V a a W � N S? 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T T Co 'C7 co m aaaaa t� in O N CU F- ai C � Qi 6 eL (D L LL a, c a a -A E m v L O 'p CA 3 � a� U sn w f STATEMENT OF {BENEFITS PERSONAL PROPERTY 61ete Farm 51784 (R 11.06) Prescribed by the Department of Local Govemment Filed In Clerk's Office JUL -2 2010 JOHN VOOFTE CI" GL,-?1K, 80. BEND, IN. FORM SR•1 i PIP PRIVACY NOTICE rno teat craft any tic In"ware salary lrslormatlon fa aenndanul; the balance of the tare� is pubNc record INSTRUCTIONS: w 1C t:1.t•tz.i -5.i a and d . I. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing y the designating body requires kdLVM811on from the applicant In making Its decisfun about whether to designate an Economic Revitalization Area. Otherwise this statement must be submtted to the designating body BEFORE a person installs the new manufacturing equipment and/or research and development equipment and/or logistclal distribution equipment and/or Information teehnvfagy equipment for which the person wishes to claim a deduction. Projects' planned or committed to after Juiy 1, f987 and areas designefed after July !, 1987 requlte s STATEMENT OF BENEFITS. 2, Approval ofthe designating body (Co Council, Town 900113, Ccunly Counck etc.) must be obtained prior to instaosticn of the new manufacturing equipment and/or research and development equipment anWork9bdcal dlsfnbtWon squlpment and/or infomretion taehrrology equrpmenf, BEFORE a deduction may be approved 3. To obtain a deduction, a person must Rie a carliffed deduction schedule with the persons personal property 10(um on a oertrlled deduction schedule (Form 103 -ERA) wilh the township assessor or the township where the property is sffusted. The 103 -ERA must be Mad between March t and May 15 of the assessment year In which new manulacfurfng equlPnenl and/or research and development equipment and/or logistical distribution equlpmant and /or lnformallon lechnaiogy equipment Is induffed and fully fun AMI, unless a tying extension has been obtained. A person who obtains a filing axtenakn must No the form between March f and the extanded dua date of that year, 4, Property owners whose Statement ofBenents was approved after June 30, 1991, must submit Form CF-! /PP annually to show compliance with the Statement Of Benefits. (iC 8•f.1•!2 -5.5) 5. The schedules astabyshed under IC 0 -1. l- 12.1.9.5(4) and (a) apply to equipment installed after March 1, 2001, for equipment installed prior to March 2, 2001, the schedules and statutes in effact at ft time shay continue to eppfy. (it; 6- 1.1 -12. !•4 5(0 and (g)) Name o! taxpayer McCormksis and Cote any, Iris. Addrese of taxpayer (rrambar and arreer, CHX ef&I& and ZIF code) 1S Lovetan Carole, Sparks, MD 21152 Noma Of Contact pamon Deidre Cassidy ss a Name of deaigrtadng body .LOCatian a1 properly 3425 West Lathrop Drive, South Bend, IN st. Descrlptlon of manufacturing equipment and /or research end development equipment and/or foogglstical distrtbutlorr equipment and/or infonmatfon technology equipment, (use addtYiwmal sheets it necessary) Additional manufacturing equipment amounting to approximately $690,000 will be acquired including fork lifts, coolers, racking, computers and furniture and ilxtures. 6,288,988 NOTE: pursuant to Ic &4.1- 42.1 s.1 (d) (z) the COST of the property is conlidendal, C CO6T. Current values I°lus estimated Less values of Net estimated s Estimated solid waste cmvsrted (pounds) Other beneit —s- a number T71 -7381 ROMMian number (s) DLGF taxing district nwnber 6,288,988 R A D EQUIPMENT LO EL COST A9ME8.D COST Estimated hazardous waste converted (pounds) None with current project. Waste water facility previously built to treat H2O. that the representations In this statement are true, x5/30/2011 05/30/2011 05/30/2071 05/30120'11 ;ale,i�ee�s *177,247 !T EQUIPMENT Cm I Mg- E 0.00 I Date 0 gnatyl Director - S tate d, Local lax ' 1 4 Manufacturing Equipment R & n Equipment E5TART Logist Dist Equipment IT Equiprr " 09/01/2010 6,288,988 R A D EQUIPMENT LO EL COST A9ME8.D COST Estimated hazardous waste converted (pounds) None with current project. Waste water facility previously built to treat H2O. that the representations In this statement are true, x5/30/2011 05/30/2011 05/30/2071 05/30120'11 ;ale,i�ee�s *177,247 !T EQUIPMENT Cm I Mg- E 0.00 I Date 0 gnatyl Director - S tate d, Local lax ' 1 4 :fk We have reviewed our prior actions relating to the designation of this economic revitalization area and find That the applicant meats the general standards adopted in the resolution previously approved by the body, Sold resolution, passed under IC 8.1,4- 12,1.2.5, provides for the following limitations as authorized under IC 6-1,1- 121-2. A . The designated Brea has been limited to it period of time not to exceed _ is e . The type of deduction that Is allowed in the designated area is limited W 1, installation of new manufacturing equipment; 2, installation of new research and development equipment; 3. Installation of new logistical dishilwtion equipment, 4. Installation of now information technology equipment; calendar years " (see below), The date this designation expires ❑Yea ❑N a ❑Yea BN N o ❑Yes o ❑Yea ❑No C. The amount of deduction applicable to new manufacturing equipment is limited to S cost with an eaeessed value of 0. The amount of deduction applicable 10 new research and development equipment is limited to $ with an assessed value of S cost E. The amount of deduction applicable to new logistical distribution equipment is limited to $ scat with an assessed value of ti F. The amount of deduction applicable to new information technology equipment is limited to $ cost with an assessed value of Q Other limitations or conditions (apedry) K The deduction for new manuracturing equipmenl and/or now research end development equipment and/or new logistical distribution equipment andlor now Information technology equipment installed and Tint claimed eligible for deducdon.on or after July 1, 2000, Is allowed for: 131 year Me years " For ERNS established prior to July 1, 2000, t?n6l a ❑2 years 07 years 5 or f() year schedule may be deduclad, 03 years ©8 years ❑4 years 1:19 years ❑ 5 years.. [] 10 years,- Also we have reviewed the Information contained In the statement of benefits end And that the estimates and expectations are reasonable and have determined that the totality of benefits Is sufficient to justify the deduction described above, number Get- -iW-d (month, day, year] If the desfgnafing body limits the time period during which an area is an coo nomlc revitaI all area, It does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6- 1,1.12.4 -+I,S r r i CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION I The undersigned owner(s) of new manufacturing equipment, 8 personal property, located within the City of South Bend, hereby petitions the Common Council of the City of South Bend for personal property (new manufacturing equipment) tax abatement consideration and pursuant to I.C., 6- 1.1.12.1, et and South Bend Municipal Code Section 184.2, et sea.. for this petition states the following: 1. Describe the proposed project, including information about the new manufacturing equipment personal property (Aequipment @) to be installed, the amount of land to be used, if any, the proposed use of the equipment, and a general statement as to the value of the project to your business. The McCormick South Bend Condiment Plant manufactures condiments ketchu mustard salad dressing, cocktail sju_cess BBO sauce for ma'or restaurant chains in the United States. Aj2rooectis under consideration to either kee the distribution a eraton in Michigan or move the operation to Indiana Illinois or another state where McCormick has a distribution and manufacturin site. The site consideration for Indiana is on the current manufacturin site eropgM, We are considering buildin onto the manufacturinLy site for the distribution operation of a 50 OUD square foot addition with an estimated construction cost of 5.7 million. Included in this cost are additional manufartilrina 2. The project will create �5 new, permanent jobs within the first year, representing a new annual payroll of 177,247 and will maintain 123 existing permanent full -time and � existing part -time jobs representing an annual payroll.of $ 60288,998 _. The projected annual salaries for each new position created are estimated to be as follows: ....$332107 $153322 $35 322 $36,528 $36,598 3. Estimate the total cost of the Equipment: $689,229+- l�yr r p7f 4. (a) The Equipment is owned or to be owned by the following individuals or corporations (if the business organization is publicly= held, indicate also the name of the corporate parent, if any, and the Marne under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST McCormick & Company, Inc. I8 Loveton Circle Owner, 100% Sparks, MD 21152 (Revised 8 /2/02) (Whe following other persons lease, intend to lease, or have an option to buy this Equipment (include corporate information as required in (4)(a) above, if applicable): NA ADDRESS INTEREST NIA 5. Give a brief description of the overall nature of the business and of the operations occurring at the location for which tat abatement is requested: The South Bend Manufacturing f2ciftY Produces condiments for national restaurant Indus# chains. The facility- o erates 24 hours/d ay, 5 days/week storm raw materials rocessin and acka in finished Eoods to be stored and distributed by a third V ar to istics Firm. 6. The commonly known address of the property where the Equipment is to be located is: 1325 . Lathro Drive South Bend IN 7. The Key Number of said property is: 025 - 421 -3817 8. Attach the .legal description of the property where the equipment is to be located, marked AExhibit A,@ and is hereby incorporated herein. 9. Attach a map and/or plat describing the property where the equipment is to be located, marked AExhibit B,@ and is hereby incorporated herein. 10. Attach photographs of the property, taken within 30 days of filing of this petition, marked AExhibit C,@ and hereby incorporated herein. 11. The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment is $ $0 (This information may be obtained from the St. Joseph County Assessors office 235 -9523) 12. The current use of the real property where the Equipment is to be installed is Vacant land — a distribution facility will be builtand the current zoning is (use) and 40 ft hi h & 50 000-sf (height and area). (This information may be obtained from the Building Department 235 -9553) (Revised 812/02) 2 13. 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 2009 $50,819 $192 390 2008 557,013 $ 129 760 2007 $ 4 594 $132.976 2006 $58,577 $ 109186 2005 $59,691 $ 159 362 (This information may be obtained from the St. Joseph County Treasurers office 235 -9531) 14.Describe the commitment made within the past five years by your firm to hiring minority individuals, including number of minorities employed during each of the past five years, specifying whether full time or part -time and whether permanent or temporary employees. The Petitioner shall also list the current number of total employees (full and part -time) and the current number of minority individuals (full and part-time). McCormick and Co. Inc is full committed to the concept and y ractice of equal 2pR2!Lvnjty and aff rmative action in all as ects of em to meat. McCormick's osition is unmistakably clear with res ect to E ual Em to meat O rhinity for minorities females veterans of the Vietnam era qualified physically ormentallv disabled persons ands ecial disabled veterans. Ever committed to affirmative action McCormick IgArIPPares and reviews annuall an Affirmative Action Plan to cover em to ees re ortin to and / or working in South Bend IN. McCormick and Co. Inc / South Bend em to s i3S total em to ees inclndin 30 minority em to ees. All are ern to cd full time. The number of minori ern to durin the last five ears are as follows. 2009 — 29 em to ees 2008 — $ ees employed em t e2006 m to ees 200 7 28 em o d S ees. All the minori employees were full time eermanent employees. 15. Describe on -site child care or day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. None 16. "What is your best estimate of the market value of the new Equipment after installation? 689 229 1, 1 17. 'What is your best estimate of the amount of taxes to be abated during each of (Revised 8 /2/02) 3 the five years after installation? $ 18. What is the commitment your firm will make to minority employment during the five years of tax abatement? McCormick and Co. Inc is ful 'eommitted to the concept and ractice of a ual o ortuni and affirmative action in all aspects of em to meat. McCormick's -jeesition is unmistakably clear with respect to Equal Em Io ment 011Rortun-itv for minorities females veterans of the Vietnam era qualified Physically or menta& disabled Rersons and sigecial disabled veterans. Ever committed to affirmative action McCormick prepares and reviews annually an Affirmative Action Plan to cover em to ees re ortin to and / or working in South Bend Iii. 19. The Equipment has not been installed as of the date of filing of this petition. (The signature at the'end of this Petition is verification of this statement) 20. The standard Industrial Classification Manual major group within which the proposed project would .be classified, by number and description: 311900— Manufacturing spices 21. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 311900—Manufacturing s ices 22. The real property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: Airort „Economic Development Area 23. 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 Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana; or other public financial assistance, including but not-limited to public works improvements. None 24. Describe how and why the manufacturing equipment to be replaced or the facility in which Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues: (Revised 8/2/02) . 4 N/A 25. The new manufacturing equipment will be used in the direct production, manufacture, fabrication, assembly, extraction, mining, processing, refining, or finishing of other tangible personal property and that the equipment was never before used by its owner for any purpose in Indiana. The signature at the end of this Petition is verification of this statement. 26. The following person(s) should be contacted as Petitioner =s agent regarding additional information and public hearing notifications: Name: Deidre Cassid Address: 18 Loveton Circle City, State, Zip Code: Sparks, MD 21152 Telephone: 410- 771 -7381 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 personal 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. Filed It, Clerk's ®f-i JUL Name of Property Owner(s): CN k-k :�L (Signed Name) � }e a (0cca QX (Typed or printed name and capacity of signor if signed by an agent or representative of the owner) (Revised 8/2/42) 5 EXHIBIT A CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION 8. Attach the legal description of the property where the equipment is to be locate d,. marked "Exhibit A," and is hereby incorporated herein, 8.44 AC Tract Mid PT S Side SE '/a Beg 990' W & 40'N of SE Cor SE SEC 28 -38 -2E EXHIBIT B CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION 9. Attach a map and / or plat describing the property where the equipment is to be located, marked Exhibit B, and is hereby incorporated herein. Property Survey follows on next page oek;4 e Mc'Cormick & Company, 0 7R1 zlct i' }i..r� all sill ,(III fps Ip Jill 8 � � 1.," N III I gig, . �„�Jllgl a =i�it e9 J_V,C i iC6 a is €� S i or Fob I I I Of 1.4111 l y' # ;; , tpft� ie; �i jab i' On IN oil x! � btt > ;;i L� i li!!. jil1 !� �i1i r ��iilfis i i1�s i�iliil6 aft, ��iii� 'ail L IMP, 7 E i v I i � , An E[ l\hA101 !fr 1 1 BONE" w i;. r`lr I' 1 iq F i1S5 1 1 ;�1 r 1 a i - - ._.- - -- EXHIBIT C CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION 10. Attach photographs of the property, taken within 30 days of filing of this petition, marked Exhibit C, and hereby incorporated herein. Pictures follow next S pages. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITS' THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3425 'NEST LATHROP DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MC CORMIGK & COMPr'AL \ 9 I WHEREAS, a petition for personal property tax abatement consideration 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 3425 West Lathrop Dr., South Bend, Indiana, and which is more particularly described as follows: 8.44 AC 'Tract; Mid PT S Side SE % Beg 990' W & 40' N of SE Cor SE SEC 28- 38 -2E. and which has Key Number 025 -1010- 0403.01 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seg., and South Bend Municipal Code Sections 2 -76 et se_,c ., and; WHEREAS, the Department of Community and Economic Development 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 seq., 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 and Economic Development 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 pursuant to Indiana Code 6- 1.1- 12.1 -4.5 et Egg., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that 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 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. 0 SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council --4 S%*9 Of IS PIN PRESENTEd NOT APKOVEd. ADOPTFD 3 Fil d 111 C 0 I'k'S 0 F q 1200 CouNTY -CITY ButLOING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 5741235-9371 FAx 574/235 -9021 TDD 5741235 -5567 CITY of SouTi-C BEND STEPHEN J. Lup -cKE, MAYOR COMMUNITY ECONOMIC .DEVELOPMENT JEFFREY V. GIBNEY ExECUTIVE DIRECTOR July 2, 2010 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property & Personal Property Tax Abatement Petitions for: MC CORMICK AND COMPANY, INC. (Bill Nos. 10 -28 & 10 -29) Dear Council Member Rouse: Consideration of the Designating Resolutions for the subject petitions was scheduled for Monday, June 14, 2010. However, prior to that meeting the Petitioner requested additional time to review their petitions and reconsider some of the projections related to their project that they made, Consideration of the Designating Resolutions was continued indefinitely until further notice would be received from McCormick. The company has completed its review and submitted revised petitions. The only change made on both petitions is the number of employees to be retained was reduced from 125 to 123. However, the total annual wages increased from $5,802,988 to $6,288,998, The size of the project has not changed and the total estimated costs for the construction and for the equipment portions of the project have remained unchanged. In addition, because the Petitioner is still in the early stages of its planning process it does not have a firm list of construction contractors, subcontractors and suppliers, Therefore, a range of public benefit points and years was estimated for the length of the company's real property tax abatement term. The estimated points and the range of years have not changed. Finally, neither the estimated taxes to be paid nor the estimated taxes to be abated have changed for either petition. A copy of the revised petitions and updated versions of my staff reports are attached for the two tax abatements, A representative of the Petitioner will be available to meet with the Council's Community and Economic Development Committee at its afternoon meeting on Monday, July 12, 2010 and with the full Council at its public meeting on that same date. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM VAAIELA C. MEYER DoNALP E, INKS MANAGEMENT 574/235 -9660 574/235 -9371 ELIZABETH LEONARD Fax: 5741235 -9697 5741235.9371 South Bend Common Council Community & Economic Development Committee RE: Tax abatements for McCormick and Company, Inc. July 2, 241 0 Page 2 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 -5835. Sincerely, 14 1�1*�'4,-' Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks 1200 COUNTY -CITY BUILbING 227 W JEFFERSON BouEVAm SouTH BIND, INDLI NA 46601 -1830 PHONE 574 /235 -9371 FAX 574/235 -9021 TDD 5741235 -5567 CITY OF SOUTH BEND STEPHEN J. LuF -cKE, MAYOR COMMUNITY ECONOMIC EVELOPMENT JEFPREY V. GiBNEY EXECUTIVE DIRECTOR TAX ABA TEVlENT REPORT' TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: MC CORMICK AND COMPANY, INC. DATE: July 2, 2010 On July 2, 2010, a revised petition for real property tax abatement consideration for property located at 3425 West Lathrop Drive was filed with the City Clerk by McCormick and Company, Incorporated. The original petition was submitted on May 11, 2010. 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 and Economic Development 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 and Economic Development has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY McCormick and Company is proposing to construct and equip an approximate 50,000 square foot addition to their manufacturing facility. The addition will house a distribution operation for the products it makes. Its products include condiments (ketchup, mustard, salad dressing, etc.) for major restaurant chains. The company is weighing where to locate this distribution operation. Sites in Michigan, Illinois and other states where McCormick has manufacturing /distribution facilities are also being considered. Construction of the addition is estimated to cost $5,010,913. The equipment to be purchased includes fork lips, coolers, racking, computers, and furniture and fixtures. The estimated cost of the equipment is $875,173. A personal property tax abatement application is being submitted as part of the total project. The total project cost is estimated to be $5,886,086. COMMUNITY DEVELOPMENT EcoNoMlc DEVELOPMENT FINANCIAL $C PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 5741235 -9660 5741235 -9371 ELIZABETH LEa NARD FAX: 574/235 -9697 5741235 -9371 South Bend Common Council RE: Tax Abatement for McCormick and Company, Inc. July 2, 2010 Page 2 The Petitioner is in the early stages of its decision making process. Therefore, it does not have a firm list of construction contractors, Based on current information it is estimated that the applicant will qualify for a six -year abatement term. The length of this term could increase depending on the final selection of the contractors. However, it is not expected to exceed nine years. For the real property portion of the project, total taxes to be abated during a six -year abatement period are estimated at $509,442. Total additional taxes to be paid as a result of the project during the six -year abatement period are estimated at $544,383. Total taxes to be abated during a nine -year abatement period are estimated at $713,262. Total additional taxes to be paid as a result of the project during the nine -year abatement period are estimated at $867,476. . EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will create five (5) new, permanent, full -time jobs within the first year of the project representing anew annual payroll of approximately $177,247. The project will retain one hundred twenty -three (123) existing permanent, full -time jobs (of which 30 are minority employees) with an annual payroll of $6,288,998. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the Petitioner has been granted or been associated with one (1) previous tax abatement as shown below, In addition, at this time the firm is also petitioning for a personal property tax abatement. Term/Type Resolution No. 5 -year personal property 3598 -06 Date 6/12/2006 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 Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for real property tax abatement must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner does meet the qualifications for up to a nine -year (9) real property tax abatement under Section 2 -82, Industrial Development, City-wide General Standards. 7. Support a Municipal Facility: A. Support a Municipal Faciiity N 0 84 Total Public Benefit Points: 452 1000 * Qualification for each Public Benefit item based on best available information at time of application or good faith determination if no information available. 2- Jul -10 McCormick and Company, Inc. Public Benefit Points Summary * Public Benefit Item: Qualify Earned Available Project Related: Y or N Points Points 1. A. Redevelop a Site that has Special Deeds 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. Su er Size Projects Dint values are cumulative): A. 100% to 199% Y 25 25 S. 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 Contractc 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 Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training Y 28 �8 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 g Sub -total Wage & Benefit Related: 124 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub -total Workforce Related: 118 152 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 Faciiity N 0 84 Total Public Benefit Points: 452 1000 * Qualification for each Public Benefit item based on best available information at time of application or good faith determination if no information available. McCormick and Company, Inc. Additional Years of Abatement Multi-family Development Projects: Other Develo ment Projects: Subtotal from Points Summary: 452 Base Years of Abatement 3 Additional Years of Abatement: 3 Total Years of Abatement: 6 McCormick and Company, Inc. 2-Jul-10 Public Benefit Points Summary * Qualify Public Benefit Item: Earned Available Y or N Project Related: Poir►ts Points 1. A. Redevelop a Site that has Special Needs N 0 B. Develop Based on Local University Research N 0 49 C. Achieve a Physical Element of a Plan N 0 35 36 Sub - total Project Related: 0 120 2. Su er Size Pro'ects nint 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 C. Require Employees vs. Independent Contract( Y 19 20 D. Require Target Wage Levels Y 22 19 22 I*. 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 Y 33 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 G. Provide Employer Assisted Housing program N 0 14 9 Sub -total Wage & Benefit Related: 124 162 51 Workforce Related: A. Create New lobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub -total Workforce Related: 118 152 6. Pay for Munici al Infrastructure: (point values are cumulative): A, Pay for Oversizing or upgrading N 0 B. Pay for 26 -50% of Extension Cost N 0 14 C. Pay for 51 -75% of Extension Cost N 0 26 39 D. Pay for 76 -100% of Extension Cost N 0 52 Sub -total Infrastructure Related: 0 131 7. SuRport a Municipal Facility- A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 593 1000 Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. McCormick and Company, Inc. 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 Develol2ment 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: 593 Base Years of Abatement Additional Years of Abatement: Total Years of Abatement: g O CM Q ut c p O fp h O o Cl) C*3 Cl) ANN O� (Nj } m Cn '�r co N CJ7 N vl N V) V N h O � C4 r rf d N N N N N N N N N N N N M N } N CO V N r tr m CD n p p N c CD O SO N 0 ('') C+1 co O C+y Cl) 00 h r- m m w mm N O O (0 M M co Ui 47 N CO m } N U) N N ? 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D N O p P 4] a 0 U N (U a X w N N M � L N Q F y ~ C + of � rn G 4 N U C Al { � f N � Z m u -O u � O 6 ca 7, a o � N 4J C] O Co n y C A .2-0 CD E E co .° a N a) .0 _N >; 7 � Q E r N _3 U S N N V r� O n M O M M W M M m o m Q P V W P d d d d a d P Q V r L m o � U m .-NMd en urn mN E d V ZP F U W m > o � m >� en a y m 0 u L v U m w m w _ Y m o u 3 � Um o O1 a m o ur o o .- W O1+Nin N N NtnOr M MM� } N M Q Q Q M M M M N m Q nl d N d d N N r r^ ry r Q I(1 4 � ee MOM N N N y �O m 5N3 M W O OMTO O M M M M n r Q Q 1 r N rn 0 o N Nd n M dh N M m O Of°O_tMD_ }cmi u v m m m u63i o � mrvN v r v m N a a CN'}MP Q g gNNOM 1 1'NI 7 ° }cMV �n O v N w m v v r r n O I p N Q M M P M N N d ) O Lq N m r c cN.y n A M M% O } ^ PN M<'3 d ^ Q { { —loll r d ry M m dO�� ff N N OlO6� � ��n M Iw?N rR M M a o o ovaitq � NdOm d d r N N U 5 a � �MOm M MM a a if}4N N Nm r N N N�11 OI S� m0 M4 N N 7 U U N N N m N N M N }M M m } N m m N N N N mm mQ] m m V v v o � m moo N �{ m wcONN c ch V I �y 4 I o NOmM M o o N6N N NN d � �p y m mrn Q O Ip MOM N N 4N N°� ~ N u um]mcMV uri 10+��(O� N N Y C C f@ } }nvQ3saM ° ° w m m m � �M� rnn14)m ita M M dN n of d d r r N r rrr r n �y d r Q fj r n a O � a c°n a M O M O O O O Im+ 0 N N tap n t dp M M 049 a a d mI M M t, M nM] m M i'M m m IU M O }MOB 0 00 M M N n OrN Z Z % �hN.0 LL]N I[)') u] n n N P P N n 4d H Y7 m N 1i1 N l!] It1 4] 4] m m Rw O O' V O V V N N yp t N fNi N N lNV N [N+F N N Q Q N % W v oayi ° °o.m --01" ° °c�.i onm M M °oM m minim w w M.0mmmw m m m m t Ern [ [n e M M worn Q Qe Z Z- % M n M20 M M a a Y a a✓i a P 1!2 Of i/i M M N KF V W A Vl �[I N 4n ll3 �tl 1n In N 4 4 n Q Q0 Q Q NN � �MN W rn^ M t t`ti 4 4m'1 d d gruff c ca r 2 m: C Nx O m i �i,om g O N - xj m m�rnm w w 0 us m m iNy � y W3 W 0+ q m q u 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 states 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: A project is under consideration to either keep the distribution operation in Michigan or move the operation to Indiana Illinois or another state where McCormick has a distribution and manufacturing site. The site consideration for Indiana is on the current manufacturing site proyerty. We are considering building onto the manufacturing site for the distribution operation of a 50,000 s uare foot addition with an estimated construction cost of S.7 million. included in this cost are additional manufacturing eguip„ment amounting to aooroximately S69d 000fii ;r including fork lifts coolers rackln ' computers and furniture and fixtures h d' ,�r'T rj, a, ° ,6 r�7e, l3r, Land Size 8.3 acres; Building Size 57,000 current+ 50 000 s .ft addition. 2. Describe the overall nature of the business and of the operations occurring at the Property (attach additional sheet if more space is needed): The McCormick South Bend Condiment Plant manufactures condiments iketchuo, mustard salad dresshm. cocktail sauces BBO sauco for major restaurant chains in the United States. The facility operates 24 hours /da 5 da s /week storing raw materials rocessin and acka in finished goods-to be stored and distributed by- a third party logistics firm. .rlV 3. Estimate the dollar value of the project (excluding land): $ ; million 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: $ 1,423,500 5. (a) The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individuals or corporations (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): (Rev 10/23/06) NAME ADDRESS INTEREST (%) McCormick & Company, Inc, 18 Loveton Circle, Sparks, MD 21152 100% Owner (b) The following other person (s) tease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); NAME ADDRESS INTERESTr1o) NIA. 6. The commonly known address of the Property is: 1325 W. Lathrop Drive, South Bend, IN 7. The Key Number(s) of said property is. 025 -1010- 040301 & A legal description of the above address is attached hereto, marked AExhibit A,@ and incorporated herein. 9. A map and/or plat describing the Property is attached hereto, marked AExhibit B,@ and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked AExhibit C,@ and incorporated herein. 11. The redevelopment or rehabilitation project itself will create 5 full -time and 0 part-time permanent jobs within the first year, representing a new annual payroll of $ 177.247 and will maintain 123 existing permanent full -time and 0 existing permanent part -time jobs including existing permanent full -time minority employment of 30 and existing permanent part-time minority employment of 0 with an annual payroll of $ 6.288.998 12. The projected annual salaries for each new position indicated above are estimated to be as follows (If more space is needed, please attach a separate sheet): $33,407 $35,322 $35,322 $ 36,598 $ 36,598 13. Provide current employment wage information including; base rate, cost -of- living allowances, hazardous -duty pay, incentive pay including commissions 2 (Rev 12/29/06) and production bonuses, on -call pay and tips. Do Not Include; back pay, jury duty pay, overtime pay, severance pay, shift differentials, non - production bonuses, and tuition reimbursements (average hourly rate or range): Full -Time Part -Time Laborers $ 17.49 $ Technical $ 18.04 $ Managerial $ 3,596.48 (per Qay period) $ Administrative $ 20.23 $ 14. Indicate whether your company provides the following benefits (use YIN): Y Health Care Benefits Y Pension 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 without 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 Community & Economic Development Dept. 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) 15. 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 2009 _ x_50,81.9 _ $ 192,390 2008 157,013 $129,760 2007 4,594 $132,976 2006 ---$58,577 $109,186 2005 --S591691 159 362 3 (Rev 12/29106) (this information may be obtained from the St. Joseph County Treasurers office 235- 9531) 16. Please list the number of full -time and part -time minority employees for each of the last three years: Year 2007 2008 2009 Full Part Full Part Full Part Black 21 20 21 Hispanic 7 8 8 Asian Indian Other 17. Does your business maintain an 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: McCormick and Co.. Inc is fully committed to the eonce-at _and practice of equal oRportunity and affirmative action in all aspects of employment. McCormick's position is unmistakably clear with respect to Equal Employment ®pportun_ity for minorities, females, veterans of the Vietnam era, qualified physically or mentally disabled persons and special disabled veterans. Ever committed to affirmative action, McCormick prepares and reviews annually an Affirmative Action Plan to cover employees reporting to and / or working in South Bend., IN. 18. Indicate whether or not your project meets any of the following criteria (contact Community & Economic Development Dept. 235 -9335 for information on this section): N Conversion to residential use of a commercial AEligible Building@ as designated by the Community & Economic Development Dept. N Rehabilitation of a building that is either designated as a National Register or local landmark or is eligible for nomination as one, located in a National Register or local landmark district, or rated as Outstanding or Significant in the most recent Historic Preservation Commission county wide survey. N Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department N Pays for the cost of cleaning up a ABrownfield,@ which is any site, building facility or complex that has been designated a brownfield by the Community and Economic Development Department. 4 (Rev 12129/06) N Achieves a physical element identified in a development or revitalization plan that has been approved by the Council 19. 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 (attach additional sheet if more space is needed): NO 20. Does your business financially support a Municipal Facility (i.e. municipally owned park, recreation center, cultural, arts, or entertainment facility)? NO 21. Is your company incurring any of the cost of extension or oversizing 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 (attach additional sheet if more space is needed). None. 22. 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). Not available yet 23. Information is required on the construction companies that will be utilized for construction of the project_ (Please complete the table on page 9 of this application). Not available yet 24. 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 Owners signature at the end of this application is verification of this statement). 25. 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: 311900 5 (Rev 12129106) 26. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 311900 27. The current use of the Property is - Man_ufacturino --- Condiment Plant And the current zoning is _Light Industrial (LI) ..,....,. (This information may be obtained from the Building Department 235- 9554). 28. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property) and date of approval. Yes. The South Bend Common Council approved Declarato Resolutions for a five 5 ear personal 12roper.ty tax abatement for McCormick and ComRany on May 22, 2006. 29. 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 Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund, Neighborhood Business Development Corporation, Corporation for Entrepreneurial Development; or other public financial assistance, including but not limited to public works improvements. None. 30. The following person(s) should be contacted as Petitioner =s agent regarding additional information and public hearing notifications: Name: Deidre Cassidy Address: 1B Loveton Circle City, State, Zip: Sparks, MD 21152 Telephone: 410- 771 -7381 31. Please indicate the name, address, and telephone number of the person who 6 (Rev 12/29/06.) will work with Employment Training Services (ETS) for employee recruitment, and sign the ETS form attached to the petition if the real tax abatement is for warehouse or industrial developments. Name: 7-)� o NA- Address: City, State, Zip: Telephone: 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): -.V"�'1 (� C 0'- VV\' A --� C0vV\- � LA'V- d ? (Signed Nam ) (Typed or printed nami and capacity of signor if signed by an agent or representative of the owner.) x}"68 P'4"N ON Cl 7 (Rev 12/29/46) C) .w U � u � o � o v a� Q� bA N i O � V O � A N O A � ,t4 � o a � U 'L7 b =w P, V O O f1+ tV iV too A a, C� c� i° .�0o c m �C O m CL 0 v . J 00 R Q N_ O H CD 0 CL Z U 1� c� #p Z7 _°riri 't Ln C a Z 00 R Q N_ (g a� •° O a o w a� c c 0 c> S c� Q3�wv� c C. U m 4- O OA v H O O +•+ CL c "" ca U 0 E O oU !- �Ff #o� - o.4) 8 a%iri4Sri(or�ao6Q O o a q) rA +�•�' a, v « c! A Opw V} ++ 40 z {O� u -0 Coo ��. .9 COL o �' w c °t o° u e Ld d N PC Z 0 b w ed cd PIN ° ° 4 G. o �G .+-j 2 - c o v c Z (g a� •° o y o, 'g a� c _ o J 0 p /X�� CL c "" ca U 0 E O oU !- �Ff #o� - o.4) 8 a%iri4Sri(or�ao6Q o - °�rNmgrui o a q) c � v z F4 0 v r4 EXHIBIT A CITY OF SOUTH BEND PETITION FOR TANGIBLE REAL PROPERTY TAX ABATEMENT CONSIDERATION 8. Attach the legal description of the property where the equipment is to be located, marked "Exhibit A," and is hereby incorporated herein, 8.44 AC Tract Mid PT S Side SE '/ Beg 990' W & 40' N of SE Cor SE SEC 28-38-2E EXHIBIT BB CITY OF SOUTH BEND PETITION FOR TANGIBLE REAL PROPERTY TAX ABATEMENT CONSIDERATION 9, Attach a map and / or plat describing the property where the equipment is to be located, marked Exhibit B, and is hereby incorporated herein. Property Survey follows on next page r- owe 4; 4 McCormick & Company, IL=-s 0 McCormick &Company, Inc. 3425 West Lathrop 25- 1010 - 040301 o v a❑ /::Viridian Drive aaL 0 �x m 4� a p 'y, � r flit, I + Ede# a rKs�j� gg� � l 11' 7 ° gill I lit t llt a fas .z�� f 4 b "� iii R epJ g q x k , ks '9— y3 0 ray I Hs ,11.1011 Ralf C +R i r� V . IN W"p as f yi ■ x r '^c yr� f,rzz a�� �p7 €i � i� 1, B+ �yj�� �H , €�'�� � m � ° � ��• illf [ iFii��g�iq � a�� ON � � 116�� lit� �f��� " _ H I I I I FF ep 41 i Q1b M1 ILL UL Or, 0 ��� �;��i ��� ��j ��R38 ��.3 aE rpali $x i ° toy e, n :.iif �CnC i4i ,¢ r e c r 9� a� 4�af�, 8 i�1 . $it . 5�taaa :aai a..Ird INCH. 51.1.5 i {t *` �yg 33�j �p� ! F) q s + •` 4• y C S f< /�� � .l`�af6 /tlp f p D E !}j� � jjjfff ��� '9�F L'H!� ► ;��F�R q i �R� y iii R 1 �R1V! { i'aJt�D��'�.f', l' ApiYfi�l . it AM8 R � ,A l"° #61 !F HaM 1� � 1 i y1,01r y a 1� • �yrY 11f� I u !+ tl I py ' ° ■■ iii t F017it�B ioel SWW¢ +a+uri �lY.':l'.n 74'^.: 'j� . {7 f fl l i f s � � kr- a E 33�� — 'lilt ll r i i r r L -- - ° — 'lilt ' s f t, R f 1.400 COUNTY -Cm BUILDING 227 W. JEFFERSoN BOULEVARD SourH BEND, INDIANA 46601 -1830 CITY or, So= BFND STEPHFN J. LUEcn, MAYOR DEPARTMENT OF IJAW PHONE 5741235 -9241 FAx 5741235 -7670 CnARLEs S. LEONE ALADEAN M. DERosE CITY ArromEY CHFEF AssIsTANT CITY AT`rORNEY Mr. Derek Dieter, President q South Bend Common Council 4'h Floor County -City Building South Bend, IN 46601 RE: Proposed Addition of various parcels to the Airport Economic Development Area Acquisition List Dear President Dieter; Attached for the Common Council's consideration is a proposed resolution which approves an order of the St. Joseph County Area Plan Commission approving a declaratory resolution adopted by the South Bend Redevelopment Commission. This process began when the South Bend Redevelopment Commission (RDC) conducted a study and determined that it is necessary and beneficial to the orderly redevelopment of the Airport Economic Development Area (AEDA) to add two parcels to the AEDA Acquisition List. The declaratory resolution of the RDC was sent to the St. Joseph County Area Plan Commission (APC) for an order approving the RDC's action. The APC's resolution is now submitted to the South Bend City Common Council for its approval. These two parcels are targeted to enhance the surrounding businesses and neighborhoods. Areal: LaSalle Square This is a portion of 921 N. Bendix, which is currently owned by Faith Apostolic Temple, The addition of this parcel would help support the development of senior housing at LaSalle Square, which the LaSalle Square Redevelopment Plan specifically calls for. This site is a vacant field between the LaSalle Square Library Branch and commercial properties along Bendix. In the fall of 2008, the APC gave a favorable recommendation to the Common Council regarding the rezoning of the site from Commercial to Multi - Family to facilitate this development. The Sterling Group of Mishawaka, in partnership with Memorial Hospital, is seeking funds through the Indiana Housing and Community Development Authority (IHCDA) to develop 72 units of rental housing for low and moderate income seniors. The Sterling Group applied for funding last year, but due to a very competitive funding cycle, did not receive an award. THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN The IHCDA ranks potential projects on an objective point system, and distributes the funds to the highest scoring applicants. ICHDA gives additional points to projects that are on land owned by a governmental unit. Therefore, the Redevelopment Commission's acquisition and disposition of the site to Memorial Hospital or the Sterling Group, will make the project more competitive for funding in this year's applicant pool. Staff has reviewed the State revised draft application process for this year's funding cycle, and are optimistic about the development's potential to receive funding. Area 2; 755 S. Michigan Street This single parcel of land, with a one story commercial building located on it, is directly north of the Center for Homeless. The acquisition of this property would allow the- Redevelopment Commission to partner with Memorial Hospital and the Center for Homeless, as they have with Ivy Tech along Sample Street, Notre Dame with the Hansel Center, and Indiana University with the Engman Natatorium. The Redevelopment Commission would purchase and clear this property so a new medical clinic could be constructed on it. Currently Memorial has their clinic in the basement of the Center for Homeless, and the construction of a new clinic would make it both more visible and make available more space for programming by the Center. Either David Relos or another staff member from the Division of Economic Development will present this Resolution to the Common Council. Thank you for your consideration. Sincerely, Lawrence J. Meteiver Assistant City Attorney LAM /pp RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission "), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36 -7 -14 (the "Act "), on May 21, 2010, approved and adopted its Resolution No. 2688 (the "921 N. Bendix Declaratory Resolution "), and on June 4, 2010, approved and adopted its Resolution No. 2692 (the "755 S. Michigan Declaratory Resolution ") (collectively referred to as the "Declaratory Resolutions "), copies of which are attached hereto as "Exhibit A ", amending the acquisition list in the Airport Economic Development Area Development Plan (the "Plan ") for the Airport Economic Development Area (the "Area ") and amending the Airport Economic Development Area Development Plan (the "Plan Amendment "); and WHEREAS, the Plan Amendment calls for the addition of one or more parcels, located within the Area, to the Acquisition List contained within the Plan; and WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission "), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the "City "), on July 20, 2010, adopted and approved a resolution, a copy of which is attached hereto as "Exhibit B ", determining that the Declaratory Resolutions and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolutions and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolutions and the Plan Amendment as required by Section 16 of the Act (the "Plan Commission Order "); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Area; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Plan Commission Order attached hereto is in all respects hereby approved, ratified and confirmed. 2. This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City and compliance with procedures required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this 26"' day of July, 2010. Attest: City Clerk NOT APNROVLr. , ADOPT M. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Member of the Common Council ftft �. g this bill i's ody t -i pip � i98 1 for �9`CSbil; SSi.ad ill . WM FIM In Clark's Office JUL 2 i 2010 JOHN VOORDE CITY CLERK, 80. SEND, ICI. Exhibit A (Declaratog Resolutions (Nos. 2688 and 2692) of the Redevelopment Commission) EXHIBIT A South Bend Redevelopment Commission Resolution No. 2688 Adopted May 21, 2010 921 N. Bendix Declaratory Resolution -3- RESOLUTION NO. 2688 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the South Bend Redevelopment Commission ( "Commission "), governing body of the City of South Bend Department of Redevelopment ( "Department "), on February 23, 1990, adopted Resolution No. 919 declaring the Airport Economic Development Area ( "Area ") in the City of South Bend, Indiana ( "City ") to Ve an economic development area within the meaning of the Redevelopment of Cities and Towns Act of 1 953, as amended, I.C. § 36 -7 -14 (the "Act "); and WHEREAS, Resolution No. 919 and the Airport Economic Development Area Economic Development Plan (the "Development Plan ") adopted by Resolution No. 919 on February 23, 1990 were confimied by Resolution No. 938 adopted on June 27,1990; and WHEREAS, Resolution No, 919 was amended by Resolution No. 965, adopted on November 9, 1990 and confinned by Resolution No. 971 adopted on January 2, 1991 and said resolutions expanded the Airport Economic Development Area by adding Expansion Area No. 1 and Expansion Area No. 2; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1058, adopted on May 22, 1992 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 3; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1238, adopted on April 15,1994; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1349, adopted on July, 7, 1995 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 4; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1516 adopted on July 18,1997; and WHEREAS, Resolution No, 919 was further amended by Resolution No. 1545, adopted on November 21, 1997 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 5; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1667, adopted on February 19,1999 and said resolution expanded the Airport Economic Development Areaby adding Expansion Areas No. 6, 7, and 8; and WHEREAS, Resolution No. 919 was firrther amended by Resolution No. 1670, adopted on March 5,1999; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1796, adopted on October 20, 2000 and said resolution expanded the Airport Economic Development area by adding Expansion Areas No. 9 and 10; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1798, adopted on October 20, 2000; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1827, adopted on February 16, 2001 and said resolution expanded the Airport Economic Development Areaby adding Expansion Area No. 11; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1916, adopted on November 1, 2002 and said resolution expanded the Airport Economic Development Area by adding Expansion Areas No. 12, 13, 14 and 15; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1958, adopted on March 7,2003; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1977, adopted on July 18, 2003 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 16; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2006, adopted on November 7, 2003 and said resolution expanded the Airport Economic Development areaby adding Expansion Area No. 17; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2019, adopted on December 19, 2003 and said resolution expanded the Airport Economic Development area by adding Expansion Area No. 18; WHEREAS, Resolution No. 919 was further amended by Resolution No. 2064, adopted on July 2, 2004; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2090, adopted on October 22, 2004 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 19; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2091, adopted on October 22, 2004; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2106, adopted on November 5, 2004; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2144, adopted on March 4, 2005 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 20; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2245, adopted on July 21, 2006; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2254, adopted on August 25, 2006 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 21; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2279, adopted on December 15, 2006 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 22; and WHEREAS, Resolution No, 919 was further amended by the Resolution No. 2348 and Resolution No. 2351, adopted on June 19, 2007 and July 20, 2007 respectively and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 23 and consolidating the Sample Ewing Development Area (the "Consolidated Area No. I") into the Airport Economic Development Area; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2352, adopted on July 20, 2007; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2375, adopted on September 7, 2007; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2382, adopted on October 19, 2007; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2450, adopted on May 16, 2008; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2596, adopted on August 26, 2009; and WHEREAS, the Development Plan includes a list of parcels ofproperty to be acquired; and WHEREAS, it is necessary to modify the list of parcels ofpropWy to be acquired by adding additional parcels of property to the acquisition list; and WHEREAS, the Commission previously adopted the Development Plan and now desires to amend the Development Plan to provide for the acquisition of the parcels of property set forth in Exhibit A; and WHEREAS, on January 15, 2010, the Commission authorized the Department to conduct surveys and investigations and to thoroughly study the Airport Economic Development Area within the City; WHEREAS, pursuant to the Act, the Department has conducted surveys and investigations and has thoroughly studied the Airport Economic Development Area and the Development Plan; and WHEREAS, upon such surveys, investigations and studies having been made, the Commission finds that the Plan Amendment cannot be achieved by regulatory processes or by the ordinary operations of private enterprise without resort to the powers allowed under the Act and that the public health and welfare will be benefited by the accomplishment of the Plan Amendment which shall include the acquisition of the properties identified in Exhibit: A; and WHEREAS, the Plan; Amendment conforms to other development and redevelopment plans for the City; and WHEREAS, upon such surveys, investigations and studies having been made, the Commission finds that the legal description defining time Area has become unmanageable and should be restated and confirmed. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT, AS FOLLOWS. I . The Commission hereby determines that to accomplish the redevelopment of the Area, it is necessary to acquire additional land within the Area, as shown on Exhibit A attached hereto and incorporated herein. 2. The Commission hereby determines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment. 3, The Commission hereby determines that the accomplishment of the Plan Amendment will be of public utility and benefit as measured by: a) the attraction or retention of permanent jobs; b) an increase in the property base; c) improved diversity of the economic base; d) other similar public benefits. 4. The Commission hereby determines that the estimated cost of acquisition and redevelopment of the property being added to the acquisition list is $275,0 04.40. 5. The Commission hereby determines that the Plan Amendment conforms to other development and redevelopment plans for the City. 6. The maps and plats of the Airport Economic Development Area, showing the boundaries, the location of the various parcels of property, streets, alleys and other features affecting the acquisition, clearance, replatting, replanning, rezoning or redevelopment of the Area, that are to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes under the Plan, which maps and plats were pre_ viously adopted by the Commission, are hereby confirmed by the Commission. 7. The Secretary is hereby directed to file a certified copy of said Development Plan, as amended, with the minutes of this meeting. 8. The officers of the Commission are hereby directed to summit this Resolution, together with supporting data, to the Area Plan Commission and the South Bend City Common Council, as provided by Section 16 of the Act, for the approval of this Resolution and the Plan Amendment, and if approved by both bodies, the Resolution and the Plan Amendment shall be submitted to public hearing and remonstrance as provided by Section 17 and Section 17,5 of the Act and 1C 5 -3 -1 and after all required filings have been made pursuant to Section 17(b) and (c) of the Act. 9. All orders or resolutions in conflict herewith are hereby rescinded, revoked and repealed in so far as such exist. 10. This Resolution does not affect any rights or liabilities accrued, penalties incurred, offenses committed or (except as otherwise provided berein) proceedings begun before the effective date of this Resolution_ 11. All other findings., determinations and conclusions in Resolution No. 737, as amended, shall remain as stated therein. 11 The United States of America is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating Title V1 of the Civil Rights Act of 1964, as amended. (Balance ofpage intentionally left blank) ADND ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on Mareb 21, 2010, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, IN 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT ATTEST: ignatrlre Nancy N. Kinp,_Secretary rinfe 'ame an Me South Bend Redevelopment Commission David A. Varner Vice President: F—ii—ir-075—meand Prie South Bend Redevelopment Commission RU EXHIBIT A TO RESOLUTION NO. AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN A portion of the parcel located at 921 N. Bendix (Faith Apostolic Temple), South Bend, Indiana, and more particularly described as follows: LEGAL DESCRIPTION: A PART OF NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST (RECORD), A DISTANCE OF 11.80 FEET (RECORD); THENCE NORTH 89 DEGREES 19 MINUTES 44 SECONDS WEST (RECORD), A DISTANCE OF 60.00 FEET (RECORD) TO THE NORTHWEST INTERSECTION OF THE RIGHTS -OF-WAY OF BENDIX DRIVE AND PRAST BOULEVARD, SAID RIGHTS OF PUBLIC ACCESS AND THOROUGHFARE BEING DEDICATED IN PLAT BOOK 13, PAGES 68 -69, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89 DEGREES 19 MINUTES 44 SECONDS WEST (RECORD) ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 626.58 FEET (RECORD); THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST (RECORD), A DISTANCE OF 843.37 (RECORD) FEET TO A POINT ON THE SOUTHEASTERLY RIGHT -OF -WAY OF ARDMORE TRAIL, SAID RIGHTS OF PUBLIC ACCESS AND THOROUGHFARE BEING DEDICATED IN PLAT BOOK 13, PAGES 68 -65, IN SAID OFFICE OF RECORDER; THENCE NORTH 65 DEGREES 07 MINUTES 27 SECONDS EAST (RECORD) ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 452,46 FEET (RECORD) TO THE NORTHEAST CORNER. OF PARCEL DESCRIBED IN INSTRUMENT NUMBER 9866002 AS RECORDED IN THE OFFICE OF SAID RECORDER, SAID CORNER ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 64 DEGREES 47 MINUTES 23 SECONDS EAST ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 309.03 FEET TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 7911283 AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 00 DEGREES 15 MINUTES 39 SECONDS EAST, A DISTANCE OF 418.61 FEET TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 0739854 AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 89 DEGREES 27 MINUTES 35 SECONDS WEST, A DISTANCE OF 227.78 FEET; THENCE NORTH 00 DEGREES 26 MINUTES 50 SECONDS EAST ALONG THE EAST LINE OF A PARCEL AS DESCRIBED IN SAID INSTRUMENT NUMBER 9866002 TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 82.88 FEET, A CENTRAL ANGLE OF 33 DEGREES 34 MINUTES 21 SECONDS, AND A CHORD OF 47.87 FEET BEARING NORTH 16 DEGREES 20 MINUTES 20 SECONDS WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 48.56 FEET; THENCE NORTH 33 DEGREES 07 MINUTES 31 SECONDS EAST, A DISTANCE: OF 76.24 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 1.974 ACRES, MORE OR LESS. SUBJECT TO RIGHT -OF -WAY, EASEMENTS, COVENANTS, AND RESTRICTIONS OF RECORD_ THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY AARON W. BLANK, P_L.S., #LS2020020, EMPLOYED WITH ABONMARCHE CONSULTANTS, L.L.C. ALL BEARINGS AND DISTANCES ARE PER MEASURED UNLESS OTHERWISE NOTED. ALL RECORD DATA ARE PER A SPECIAL LIMITED WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER 0256257 IN THE OFFICE OF SAID RECORDER. EXHIBIT B South Bend Redevelopment Commission Resolution No. 2692 Adopted June 4, 2010 755 S. Michigan Declaratory Resolution Sli RESOLUTION NO. 2692 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC (DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the South Bend Redevelopment Commission ( "Commission "), governing body of the City of South Bend Department of Redevelopment ( "Department "), on February 23, 1990, adopted Resolution No. 919 declaring the Airport Economic Development Area ( "Area ") in the City of South Bend, Indiana ( "City ") to be an economic development area within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, I.C. § 36 -7 -14 (the "Act "); and WHEREAS, Resolution No. 919 and the Airport Economic Development Area Economic Development flan (the "Development Plan ") adopted by Resolution No. 919 on February 23, 1990 were confirmed by Resolution No. 938 adopted on June 27,1990; and WHEREAS, Resolution No. 919 was amended by Resolution No. 965, adopted on November 9, 1990 and confirmed by Resolution No. 971 adopted on January 2, 1991 and said resolutions expanded the Airport Economic Development Area by adding Expansion Area No. 1 and Expansion Area No. 2; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1 058, adopted on May 22, 1992 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 3; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1238, adopted on April 15,1994; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1349, adopted on July, 7, 1995 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 4; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1516 adopted on July 18,1997; and WHEREAS, Resolution No. 919 was further am ended by Resolution No. 1545, adopted on November 21, 1997 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 5; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1667, adopted on February 19, 1999 and said resolution expanded the Airport Economic Development Area by adding Expansion Areas No. 6, 7, and 8; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1670, adopted on March 5,1999; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1796, adopted on October 20, 2000 and said resolution expanded the Airport Economic Development area by adding Expansion Areas No. 9 and 10; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1798, adopted on October 20, 2000; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1827, adopted on February 16, 2001 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 11; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1916, adopted on November 1, 2002 and said resolution expanded the Airport Economic Development Area by adding Expansion Areas No. 12, 13, 14 and 15; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1958, adopted on March 7, 2003; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1977, adopted on July 18, 2003 and said resolution expanded the Airport Economic Development Area by adding; Expansion Area No. 16; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2006, adopted on November 7, 2003 and said resolution expanded the Airport Economic Development area by adding Expansion Area No. 17; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2019, adopted on December 19, 2003 and said resolution expanded the Airport Economic Development area by adding Expansion Area No. 18; WHEREAS,_ Resolution. No. 919 was further amended by Resolution No. 2064, adopted on July 2, 2004; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2090, adopted on October 22, 2004 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 19; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2091, adopted on October 22, 2004; and WHEREAS, Resolution No. 9I9 was further amended by Resolution No. 2106, adopted on November 5, 2004; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2144, adopted on March 4, 2005 and said resolution expanded the Airport Economic Development Area by adding; Expansion Area No. 20; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2245, adopted on July 21, 2006; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2254, adopted on August 25, 2006 and said resolution expanded the Airport Economic Developn -lent Area by adding Expansion Area No. 21; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2279, adopted on December 15, 2006 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 22; and WHEREAS, Resolution No. 919 was further amended by the Resolution No. 2348 and Resolution No. 2351, adopted on June 19, 2007 and July 20, 2007 respectively and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 23 and consolidating; the Sample Ewing Development Area (the "Consolidated Area No. I ") into the Airport Economic Development Area; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2' )52, adopted on July 20, 2007; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2375, adopted on September 7, 2007; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2382, adopted on October 19, 2007; and WHEREAS, Resolution No, 919 was further amended by Resolution No. 2450, adopted on May 16, 2008; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2596, adopted on August 26, 2009; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2668, adopted on May 21, 2010; and WHEREAS, the Development Plan includes a Iist of parcels ofpropertyto be acquired; and WHEREAS, it is necessary to modify the list of parcels of property to be acquired by adding additional parcels of property to the acquisition list; and WHEREAS, the Commission previously adopted the Development Plan and now desires to amend the Development Plan to provide for the acquisition of the parcels of property set forth in Exhibit A; and WHEREAS, on January 15, 2010, the Commission authorized the Department to conduct surveys and investigations and to thoroughly study the Airport Economic Development Area within the City; WHEREAS, pursuant to the Act, the Department has conducted surveys and investigations and has thoroughly studied the Airport Economic Development Area and the Development Plan; and WHEREAS, upon such surveys, investigations and studies having been made, the Commission finds that the Plan Amendment cannot be achieved by regulatory processes or by the ordinary operations of private enterprise without resort to the powers allowed under the Act and that the public health and welfare will be benefited by the accomplisturrent of the Plan Armendrnent which shall include the acquisition of the properties identified in Exhibit A; and WHEREAS, the flan Amendment conforms to other development and redevelopment plans for the City; and NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT, AS FOLLOWS: 1, The Commission hereby determines that to accomplish the redevelopment of the Area, it is necessary to acquire additional land within the Area, as shown on Exhibit A attached hereto and incorporated herein. 2. The Commission hereby determines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment. 3. The Commission hereby determines that the accomplishment ofthe PIan Amendment will be of public utility and benefit as measured by: a) the attraction or retention of permanent jobs; b) an increase in the property base; C) improved diversity of the economic base; d) other similar public benefits. 4. The Commission hereby determines that the estimated cost of acquisition and redevelopment of the property being added to the acquisition list is $100,000.00. 5. The Commission hereby determines that the Plan Amendment conforms to other development and redevelopment plans for the City. 6. The maps and plats of the Airport Economic Development Area, showing the boundaries, the location of the various parcels of property, streets, alleys and other features affecting the acquisition, clearance, replatting, replanning, rezoning or redevelopment of the Area, that are to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes under the Plan, which maps and plats were previously adopted by the Commission, are hereby confirmed by the Commission. 7. The Secretary is hereby directed to file a certified copy of said Development Plan, as amended, with the minutes of this sleeting. S. The officers of the Commission are hereby directed to submit this Resolution, together with supporting data, to the Area Plan Commission and the South Bend City Common Council, as provided by Section 16 of the Act, for the approval of this Resolution and the Plan Amendment, and if approved by both bodies, the Resolution and the Plan Amendment shall be submitted to public hearing and remonstrance as provided by Section 17 and Section 17.5 of the Act and IC 5 -3 -1 and after all required filings have been made pursuant to Section 17(b) and (c) of the Act. 9. All orders or resolutions in conflict herewith are hereby rescinded, revoked and repealed in so far as such exist. 10. This Resolution does not affect any lights or liabilities accrued, penalties incurred, offenses committed or (except as otherwise provided herein) proceedings begun before the effective date of this Resolution. 11. All other findings, determinations and conclusions in Resolution No. 737, as amended, shall remain as stated therein. 12. The United States of America is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964, as amended. (Bulunce (J j7LlSge intentionally 16, ft f`1lG171]i) TIo Na ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on June 4, 2010, at 1308 County -City Building, 227 West Jefferson Boulevard, Soutli Bend, IN 46601. ATTEST: . i�nanrr� Nancy N. King, Secretary I,)-filled Name floul I rr f• South Bead Redevelopment Commission CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT C ,, rr(frraf•r rcia T . Jones. President South Bend Redevelopment Commission E<,. EXHIBIT A AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN Parcel # Address Common Name Owner I3- 3041 -1588 755 S. MicIaigan Street None Ailliur R Leinen Jr & Brenda Sue Leinen Exhibit B (Plan Commission Order) RESOLUTION NO. 210-10 RESOLUTION OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission "), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana (the "City "); and WHEREAS, the South Bend Redevelopment Commission (the "Commission "), is the governing body of the South Bend Department of Redevelopment (the "Department "): and WHEREAS, on May 21, 2010, the Commission approved and adopted its Resolution No. 2688 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED" (the "921 N. Bendix Declaratory Resolution "), attached hereto as EXHIBIT A; and WHEREAS, on June 4, 2010, the Commission approved and adopted its Resolution No. 2692 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED" (the "755 S. Michigan Declaratory Resolution "), attached hereto as EXHIBIT B, (the 921 N. Bendix Declaratory Resolution and the 755 S. Michigan Declaratory Resolution collectively referred to as the "Declaratory Resolutions "); and WHEREAS, the Declaratory Resolutions each amend the acquisition list contained in the Airport Economic Development Area Development Plan (the "Plan ") for the Airport Economic Development Area (the "Area "), identify a parcel or parcels located within the Area as a parcel or parcels necessary for the implementation of the Plan and adopt an amendment to the Plan (Exhibit A to each of the Declaratory Resolutions) (the "Plan Amendment "); and WHEREAS, the Commission has submitted the Declaratory Resolutions to the Plan Commission for approval pursuant to the provisions of Indiana Code 36 -7 -14 (the "Act"); and WHEREAS, pursuant to the provisions to the Act, the Plan Commission desires to issue its written order approving the Declaratory Resolutions and the Plan, as amended by the Declaratory Resolutions; NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area Plan Commission, as follows: 1. The Declaratory Resolutions and the Plan, as amended by the Declaratory Resolutions, each conform to the plan of development for the City. 2. The Declaratory Resolutions and the Plan Amendment are in all respects approved, ratified and confirmed, 3. This Resolution is hereby designated and constitutes the written order of the Area Plan Commission approving the Declaratory Resolutions and the Plan, as amended by the Declaratory Resolutions, pursuant to the requirements of Section 16 of the Act. 4. The Secretary of the St. Joseph County Area Plan Commission is hereby directed to forward a copy of this Resolution together with the Declaratory Resolutions to the South Bend City Common Council for its consideration. 5. The Secretary is hereby further directed to file copies of said Declaratory Resolutions with the minutes of this meeting. ADOPTED, APPROVED AND ISSUED by the St. Joseph County Area Plan Commission this 20`x' day of July, 2010. ATTEST: Secretary ST. JOSEPH COUNTY AREA PLAN COMMISSION President IPA 1200 CouNTY -Cm BUILDING 227 W JEFFF-RsoN BouL vARD Sours BEND, INDIANA 46601 -1830 PHoNF 574/ 235 -9371 FAx 5741235 -9021 TDD 5741235 -5567 CITY OF SOUTH BEND STEPHEN J. LuEcKE, MAYOR COMMUNITY & EcoNomic DEVELOPMENT JEFFREY V. GIBNEY ExEcurlvE DIRECTOR July 16, 2010 South Bend Common Council Fourth Floor Council Chambers 400 County -City Building South Bend, IN 46601 Dear Council Member: The attached bill for your consideration and approval will appropriate funds from a $285,000.00 Department of Labor grant the City was awarded for to develop a system to successfully prepare /traiDJretrain members of the City's local workforce for current and future jobs related to businesses located within the Airport Economic Development Area of the City of South Bend, and secondly, to provide this customized training to 40 at -risk individuals and place at least 25 of them in new jobs. The funds will be appropriated into the Community Development Fund (fund # 212) and used to contract for the development and training services. We look forward to your approval of this ordinance. Please note, these funds cannot be used for general government purposes, only to develop the system and provide the training. Jeff Gibney or I will present this bill at your August 9th meeting. If you have any questions, please call Jeff at 235 -9375 or me at 235 -9330. Thanks. Sincerely, Elizabeth Leonard I Director, Financial & Program Management cc: Jeff Gibney John March COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C. MFYHR DONAI r) E. INKS 5741235 -9660 574/235 -9371 FAX: 574/235 -9697 Off 1 2010 �-� — 9DE CrTV FINANCIAI. & PROGRAM MANAGEMENT ELi2ABETH LmNARD 574/735 -9371 r ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $285,000.00 FROM COMMUNTY DEVELOPMENT FUND ( #212) FOR DEVELOPMENT AND TRAINING TARGETED TO BUSINESSES WITHIN THE AIRPORT ECONOMIC DEVELOPMENT AREA STATEMENT OF PURPOSE AND INTENT The City of South Bend has been awarded a U.S. Department of Labor grant which is limited to the development and implementation of a training program relating to jobs within the Airport Economic Development Area. This ordinance appropriates the grant funds for that intended use. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The sum of $285,000.00 is hereby appropriated from Community Development Fund (##212) for the purpose of contracting for services which develop and implement a training program relating to jobs in the Airport Economic Development Area; and Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common C uncil� C°% xwg eyf» • °; 't`': �1£ " Yet tai }S b'' P'y7 2 rr O ""! Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20010 at o'clock M. — City Clerk Approved and signed by me on the day of 2010 at o' clock m. ' Mayor, City of t RIAI)NG I JSLIC HEARING rd READNG DT APPRQVLO, FERRED JUL 1. 411.N., ';f�'C ''r COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, IN 46601 •.,,1 PEACE ;. ,,. 1865 _ PHONE 574- 235 -9216 FAx 574- 235 -9928 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER July 21, 2010 Mr. Derek Dieter �r...n President, South Bend Common Council 4 t Floor, County -City Building South Bend, IN 46601 Re: Ordinance Appropriating Additional Funds for Water Works Sinking Bond Fund within the City of South. Bend Dear President Dieter: The Common Council adopted the 2010 budget with passage of Common Council Ordinances #9957 -09 and #9992 -09, which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to citizens which were not foreseen at the time the City budget was adopted. Attached you will find the ordinance for this purpose and attachment providing details to all requested budget increases and reductions. The net dollar appropriation of this ordinance is $80,300, with explanation as follows: F'ubd #625 Water Bond Sinking 80,300 Interest expense for 2009 revenue bonds series A and B underestimated in original budget / budget prepared in August / bond closing in September The attachment detail is incorporated into the ordinance itself and made a part thereof. This ordinance to the Common Council at its Committee meeting and at the public hearing will be presented by Gregg Zientara. Sincerel , i Gregg D i �ntara Controll for the City of South Bend F117I In [L (j i '010 JGf`[) V00ED; CITY CLEk, $0. FVID, Ifs. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS OF $80,300 FROM THE WATER WORKS SINKING FUND ( #625) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2010 operating and capital budgets in 2009 (Ordinance 49957 -09 and #9992 -09), which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section 1. The following amounts are hereby appropriated in fiscal year 2010 and set apart within the following designated funds for operational expenses as follows: Fund Amount Water Works Sinking ( #625) $80,300 TOTAL 80 300 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Attest: City Clerk )7 APPROVE ERRED, SSFD. Member of the Common Counci rtu[iif Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2010, at o'clock—. nn. Deputy City Clerk Approved and signed by me on the _ o'clock t; day of , 2010, at , City of South Bend, Indiana k/ A / }/ }LD !ƒ{ \ §\ � ! #� } I § J j / \ / / ƒ LL / $ ( k # « y J Fi ,JUL JOHN «mm cIrf 3% SPD a COUNTY —CITY BU9LMNG 227 W. JEFFERSON BOULEVARD SOUTH BEND, IN 46601 fs. t eFACE ncx _ CITY OF SOUTH BEND STEPHEN J. L IJECKE, MAYOR OFFICE OF ADMINISTRATION $ FINANCE GREGG D. ZIENTARA, CITY CONTROLLER July 21, 2010 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 PHONE 574- 235 -9216 FAx 574- 235 -9928 Re: Ordinance Appropriating Additional Funds for certain Departments and City Service Operations within the City of South Bend Dear President Dieter: The Common Council adopted the 2010 budget with passage of Common Council Ordinances #9956 -09 and #9993 -09, which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to citizens which were not foreseen at the time the City budget was adopted. Attached you will find the ordinance for this purpose and attachment providing details to all requested budget increases and reductions. The net dollar appropriation of this ordinance is $1,152,000, with explanation as follows: Fund #101 General Fund 38,000 14,000 58,000 Fund #404 COIT (58,000) Fund #202 Motor Vehicle Hwy 600,000 Fund #226 Liability Insurance 500,000 Total 1,152,000 Federal lobbyist to assist with grant opportunities Unemployment claims in Human Rights Transfer $ from COIT where originally budgeted Transfer $ to General Fund to buy Police equipment Additional concrete paving work scope to be preformed in 2010 Additional $ needed to pay for settled liability claims Already completed or expected to complete The attachment detail is incorporated into the ordinance itself and made a part thereof. This ordinance to the Common Council at its Committee meeting and at the public hearing will be presented by Gregg Zientara. Sincerel , Gregg i �tara Controller r the City of South Bend J U L " J 0 E 4 VO09'E ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2010 OF $110,000 FROM GENERAL FUND ( #101), $600,000 FROM MOTOR VEHICLE HIGHWAY FUND (#202),$500,000 FROM LIABILITY INSURANCE FUND ( #226), AND ($58,000) FROM COUNTY OPTION INCOME TAX FUND ( #404) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2010 operating and capital budgets in 2009 (Ordinance 49956 -09 and #9993 -09) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2010 and set apart within the following designated funds for expenditures as follows: Fund Amount General ( #101) $ 110,000 Motor Vehicle Highway ( #202) 600,000 Liability Insurance ( #226) 500,000 County Option Income Tax ( #404) _ (5$,000) TOTAL 1 152 000 Section 11. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Attest: City Clerk Member of the Common Cou4111 a"yitsrpyayfyii , Rio; coid mom on Presented by me to the Mayor of the City of South Bend, Indiana, on the — day of , 2010, at o'clock . m. Deputy City Clerk Approved and signed by me on the o'clock . m, I LI R,91 . :, � PULUC HEARUNG 3 rd READING NOT APPROM. RE-FERRED, PASSED day of 1 2010, at Mayor, City of South Bend, Indiana o JUL 2 2010 .l---ZF C7v Cl COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, IN 46601 f� .1 U W PFncx ,VX �. �i-� x865 PHONE 574. 235 -9216 FAx 574 - 235 -9928 CITY OF SOUTH I1:3END STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION $ (FINANCE GREGG D. ZIENTARA, CITY CONTROLLER July 21, 2010 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: Ordinance Approving Budget Transfers for various Departments within the City of South Bend Dear President Dieter: Unforeseen circumstances, not contemplated in the original budget, have developed since the Common Council adoption of the 2010 budget in Common Council Ordinances #9956 -09, #9957 -09, and #'9993 -09, which necessitates the increase and reduction of appropriations within various departments of the General Fund and of other funds of the City of South Bend. Attached you will find the ordinance for this purpose and attachment providing details to all requested budget increases and reductions. The net dollar appropriation of this ordinance is zero dollars. The attachment detail is incorporated into the ordinance itself and made a part thereof. This ordinance to the Common Council at its Committee meeting and at the public hearing will be presented by Gregg Zientara, Sincerely' Gregg D t i�nara Controller f the City of South Bend JUL 2 f,n ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2010 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances #9956 -09, #9957 -09, #9992 -09 and #9993 -09) which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2010. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section 1. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section 11. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Coi&il w of s b!"I � nn!y $So � t� pr Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2010, at o'clock m. Deputy City Clerk Approved and signed by me on the day of , 2010, at o'clock . m. Mayor, City of South I s RE /iD11ING L —L�o 'C 0 PUDIC HEA= RfNG 3 rd RFADINIG NOT APPROVED REFERRED PASSE( h4llffn uon%Ia offsc® F --, U L 2 1 01 JCuN WOVE MyCL,zRK, FO, REP #!i, IN. G r 0 0 La 3 in G 0. O 0 E, GI GIL 1 01 o CLi r Ei '.IP I W El i.-I 2 �Ei E 4i 4 0, C WE, 0 f E� 0 4,' - Y IE E�11 I i E 1 V); OJ ' j5 E! 'E 2. ❑IO! 0: :m El 1 0, j a' Vo 0 ;2 a jiul 1 J? 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JEFFERSON BOULEVARD SOUTH BEND, IN 46641 July 21, 2010 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER Mr. Derek Dieter President, South Bend Common Council 4�h Floor, County -City Building South Bend, IN 46601 o PHONE 574- 235 -9216 FAX 574- 235 -9928 Re: Ordinance Approving Temporary Loan of $39,763.60 from Economic Development Income Tax Fund (#408) to allow Redevelopment Commission Acquisition of 25 Tax Sale Properties by the South Bend Redevelopment Commission TIF Airport Fund ( #324) Dear President Dieter: The Saint Joseph County Treasurer recently offered for sale a number of real estate properties on its tax sale list which, upon acquisition by the City Redevelopment Commission, are beneficial to the City's economic development projects in Ignition Park. The properties offered for sale of City interest, included 25 properties on Indiana Avenue adjacent to the south boundary of Ignition Park. The City through the Redevelopment Commission was able to acquire these properties at a total cost of $39,973.60, an average of $1,598.94 per property. Acquisition of these properties through the tax sale is estimated to save the Redevelopment Commission and the City $630,000 versus acquisition of these properties on the open market. At the time of the tax sale, the subject properties were not on the South Bend Redevelopment Commission 2010 property acquisition list, and could not be added to the South Bend Redevelopment Commission 2010 property acquisition list within the time frame prior to the property tax sale, necessitating the temporary use of monies from the City Economic Development Income Tax Fund (#408) in the aforementioned sum to secure the property acquisition, which is authorized by I.C. 36- 1 -8-4. The sum of $39,973.60 was temporarily transferred by EDIT Fund ( #408) to the TIF Airport Fund ( #324) to secure the purchase. The South Bend Redevelopment Commission has subsequently approved the subject properties and added these to the 2010 property acquisition list, and has repaid the temporary loan to the EDIT Fund (#408). At the time of the initial transaction, the City approach was to transfer monies between funds, subject to repayment which would not require ordinance approval by the Common Council, Subsequent to the event, the City was advised by the State Board of Accounts, that the proper temporary loan transaction did in fact require ordinance approval by the Common Council. As such, this ordinance is submitted for Common Council approval. This ordinance to the Common Council at its Committee meeting and at the public hearing will be presented by either Don Inks or Gregg Zientara, Sincere] Gregg D.. entara Controller fo the City of South Bend L 2 JUL JU L -ALT, ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING TEMPORARY LOAN OF $39,763.60 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND ( #408) TO PAY FOR ACQUISITION OF 25 PROPERTIES BY THE SOUTH BEND REDEVELOPMENT COMMISSION WITHIN TIF REVENUE- AIRPORT FUND ( #324) STATEMENT OF PURPOSE AND INTENT The St. Joseph County Treasurer recently offered for sale a number of real estate properties on its tax sale list which are beneficial to South Bend's economic development projects, and which could not have been anticipated in advance of the actual sale listing. The South Bend Redevelopment Commission has acquired 25 of these properties at greatly reduced cost, a total of $39,973.60, or an average of $1,600.00 per parcel. At the time of tax sale, the properties were not on the South Bend Redevelopment Commission's 2010 acquisition list necessitating the temporary use of monies from Economic Development Income Tax Fund ( #408) in the sum of $39,973.60 to make the purchase, which is authorized by I.C. 36- 1 -8 -4. The sum of $39,973.60 temporarily transferred by EDIT Fund ( #408) to TIF Revenue — Airport Fund ( #324) shall be returned promptly to EDIT Fund #408 in satisfaction of the inter -fund loan for acquisition of the tax sale properties. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The temporary use of $39,973.60 within Economic Development Income Tax Fund #408 to purchase the 25 tax sale properties described in this Ordinance is approved which temporary loan shall be repaid to Fund #408 promptly by and from TIF Revenue- Airport Fund #324, and no later than December 31, 2010. Section III, This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Council lli �� AkS��ai tol r COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, IN 46601 x ~1 PHONE 574 -235 -9216 FAX 574 - 235 -992$ CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER July 21, 2010 Mr. Derek Dieter President, South Bend Common Council 0 Floor, County -City Building South Bend, IN 46601 Re: Ordinance Appropriating $57,027.00 from Economic Development Fund (#408) for Additional Costs of the Northeast Triangle Development Project Dear President Dieter: On December 14, 2009, as a part of the 2010 capital budget, the Common Council passed Ordinance No. 9993 -09 which appropriated $410,000.00 in Economic Development Income Tax Fund ( #408) for the purpose of property acquisition and demolition of eight (8) units from the South Bend Housing Authority as a part of the project to provide new housing in the proposed Eddy Knolls development area. It is now necessary to request an increase in the previous Common Council appropriated monies due to the discovery of asbestos covering the walls in six of the eight units. Increased demolition and abatement standards apply due to the discovery of the asbestos which will increase the monies required to complete the property demolition. As such, the City requests Common Council approval of an additional appropriation in the amount of $57,027.00. The total monies now required for this project will be $467,027.00, the originally appropriated $410,000.00 plus the additional request $57,027.00. The EDIT fund has sufficient cash reserves to fund this additional expenditure. This ordinance to the Common Council at its Committee meeting and at the public hearing will be presented by either Don Inks or Gregg Zientara. Sincerely, Gregg D�fentara Controlle r the City of South Bend Fird In Clerk's gaff€ e JUL 2 i 2010 ac�3.N ve'W —IDw CITY ct,£r'r, `0, E74W), 14. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $57,027.00 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND (No. 408) IN 2010 FOR ADDITIONAL COSTS OF THE NORTHEAST TRIANGLE DEVELOPMENT PROJECT STATEMENT OF PURPOSE AND INTENT On December 14, 2009. as part of the 2010 capital. budget, the Common Council of the City of South Bend passed Ordinance No. 9993 -09 which appropriated $410,000.00 in the Economic Development Income Tax (EDIT) Fund (No. 408) for the Northeast Triangle Development Project. The purpose of the funding was to provide for the acquisition and demolition of eight units from the South Bend Housing Authority as part of an overall project to provide new housing in the proposed Eddy Knolls development area. It is now necessary to increase that appropriation by $57,027.00 due to the discovery of asbestos covering the walls in six of the eight units. Higher demolition and abatement standards apply which will increase projected demolition costs. The EDIT Fund has sufficient cash reserves to pay for this additional appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I: The sum of $57,027.00 is appropriated from and set apart within Economic Development Income Tax Fund (No, 408) for additional remediation costs of the Northeast Triangle Development Project. Section 1I. 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 Skgft Of this b; Is PO,, p an oppftflo r puFo - it" og� Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock m. Ist P9AD[;qG PUBLIC HFAR�'Nic3 3 rd REz.,D,NG NOT APPRQvLD REFER RED PASSW City Clerk Approved and signed by me on the _day Of —, 2—, at —o'clock Mayor, City Of South Bend Office John Voorde, City Clerk July 21, 2010 6--A P Members of the South Bend Common Council 4"' Floor County -City Building South Bend, Indiana 46601 Re: Proposed Fee Adjustments for Temporary Residential Conditional Use Parking Permits Dear Council Members: This is the second year that all applications for temporary residential conditional use parking permits are handled by the Ordinance Violations Clerk. In 2009, there were: 148 permits issued for ten (10) or more spaces 235 permits issued for nine of fewer spaces In light of the 2009 City of South Bend Annual Business Licensing Report, fee adjustments are necessary in order for the city to continue to properly implement and enforce this ordinance. The attached ordinance makes certain fee adjustments; retains the 10% discount if applied and meeting the deadlines prior to the first home game; requires additional verification of ownership of property; requires a letter of consent from the landlord in landlord/tenant situations; and adds a provision that applications for such permits would not be taken prior to thirty (30) days before the first home football game of each season. The transfer of this process from the Controller's Office to the Ordinance Violations Clerk has gone very smoothly, Your favorable action on the proposed ordinance is requested. Thank you. Sincerely, Winona Hays Ordinance Violations Clerk Attachment CITY 455 County-City Building •227 W. Jefferson Blvd -South Send, Indiana 46601 .574/235 -9221 •Fax 5741235 -9173 • TDD 5741235 -5567 Mary Beth Wisniewski Janice Talboom Winona Hays Chief Deputy Deputy p y Ordinance Violation Clerk Ordinance Amending Section 14 -56 of the South Bend Municipal Code Page 2 (1) Copy of proDerty tax bill: {2) Copy of a signed lease or real estate purchase agreement and letter from landlord approving lawn parking request; and (3) Indiana Driver's License. A copy of such document,(s� tendered shall be attached to the registration form. (b) Nonrefundable fee for parking less than ten (10) motor vehicles: if the applicant meets the requirements of this section for parking less than ten (10) motor vehicles, the Office of the City Clerk shall issue a one -day conditional use lawn parking permit to the applicant, upon the payment of a nonrefundable fee of three dollars $3) per parking space. All such one -day permits shall be subject to the conditions set forth in this section. All fees collected by the Office of the City Clerk shall be deposited into the General Fund. (c) Nnnrc undahle fees fvr parking less than ten (10) motor vehicles, for honie foothall season: A seasonal conditional lawn parking permit may be issued for an entire Notre Dam home football season by the Office of the City Clerk to qualifying applicants desiring to park less than ten (10) motor vehicles upon the payment of a nonrefundable fee of three dollars ($3.00) per parking space times the number of total home football games. All fees collected shall be deposited into the General Fund. (d) Additional documents and reviews when parking ten (10) or more motor vehicles: Any person who applies for a one -day conditional use lawn parking permit or a seasonal conditional lawn parking permit seeking to park ten (10) or more motor vehicles must also provide a lot survey, site plan or similar legal document which shows the following: (1) Location of lot lines and structures; (2) Setback of parking spaces of at least five (5) feet from all structures and lot lines; (3) Lanes for ingress and egress to parking surfaces; and (4) The location of proposed parking spaces. The above - listed information shall be referred to the Department of Public Works, along with a copy of the proof of residency document and the completed applications form, for review and recommendation. The Department of Public Works shall determine the maximum amount of motor vehicles which may be safely parked at such locations based on the size of the lot, the information set forth on the tendered lot survey, site plan or similar legal document, and relevant public safety considerations. The Department of Public Works shall indicate the locations of the approved ingress and egress location(s) and any approved temporary ramp structures. All parking must comply with the approved document. Ordinance Amending Section 14 -56 of the South Bend Municipal Code Page 3 (e) Nonrefundable fees far parking ten (10) or more-motor vehicles: If the applicant meets the requirements of this section for parking ten (10) or more motor vehicles, the Office of the City Clerk shall issue a one -day conditional use lawn parking permit upon the payment by the applicant of a nonrefundable fee of fifty dollars $50.00. All such one -day permits shall be subject to the conditions set forth in this section. All fees collected by the Office of the City Clerk shall be deposited into the General Fund. (f) Nonrefundable fees for parking ten (10) or more motor vehicles far home,football season: A seasonal conditional lawn parking permit for an entire Notre Dame home football season may be issued by the Office of the City Clerk to qualifying applicants desiring to park ten (10) or more motor vehicles, upon the payment of a nonrefundable fee of fifty $50.00) times the total number of home football games. Such fee shall be subject to a ten (10) percent discount if applied for, and is issued such a permit, prior to the first home football game of the season. A seasonal conditional lawn parking permit may be issued to qualifying applicants desiring to park ten (10) or more motor vehicles, upon the payment of a nonrefundable fee of fifty dollars $50.00 times the number of remaining home football games, which shall not be subject to any fee discounts. All fees collected by the Office of the City Clerk shall be deposited into the General Fund. (g) Filing deadlines: No applications seeking a conditional use lawn parking permit for game day parking shall be taken after 12:00 noon on the Wednesday immediately prior to the game day. No aVpl ications _,seeking a conditional use law parking permit for unme dEXAr—king, shall be taken before thirty (30)_days prior to the first home football game of each season. (h) Permit required to he displayed: Conditional use lawn parking permit holders and the motor vehicle owners who have their vehicles properly parked at such location prominently displaying the permit in the inside front window of the residential building located thereon, or if there is no building said permit shall be prominently displayed separately; with such persons being exempt from the provisions of Section 14 -42 entitled "Parking Prohibited in Residential Lawn Areas" and the zoning regulations set forth in Sections 21 -02.11 and 21 -07.04 of the South Bend Municipal Code. (i) Exemptions: No conditional use lawn parking permits are required for parking on an approved driveway or parking space. (j) Violation, for parking on date other than date listed on permit: Any motor vehicle which is parked on the lawn of a residentially zoned area on a date other than the date listed on the conditional use lawn parking permit issued under this section shall be in violation of Section 14 -42. The owner of such a vehicle shall be subject to the penalties set forth in Section 14 -44, as well as applicable zoning provisions of Chapter 21 of the South Bend Municipal Code. (k) Restrictions: All owners of any residentially zoned area who were issued a conditional use lawn parking permit under this section shall not permit any vehicle to d rive over an adjoining property during ingress or egress to their property. Ordinance Amending Section 14 -56 of the South Bend Municipal Code Page 4 (1) Sight distance and impeding traffic: Motor vehicles parked pursuant to this section shall not interfere with the sight distance required for safe driving on a street, nor may parking of any vehicle impede pedestrian and /or vehicular traffic, (m) Driving over curbs: No person shall operate or park any motor vehicle on any portion of a lot in any residential district in a way requiring driving the motor vehicle over the curb instead of through a curb cut; unless temporary ramp structures have been specifically authorized and approved by the Department of Public Works to be used, as evidenced on the conditional use parking permit. Visual events of driving over a curb shall be evidence of a violation of this subsection, subjecting the person filing the application for the subject property being subject to a citation. (n) Repairing lawn ruts: All owners of any residentially zoned area who were issued a conditional use lawn parking permit under this section shall be required to repair all lawn ruts within thirty (30) days, weather permitting. All other lawn ruts must be repaired no later than April 30 of the following year. (o) Permit holder assumes all risk and peril: Any person issued a permit under this section assumes all risk or peril. Such person may be responsible for any and all physical loss or damages incurred which may result from any lawn parking on such person's property. The City of South Bend is free and harmless from any liability loss, costs, damages or expenses, including attorney fees and related expenses. (p) Citations: Any person violating any provision of this section shall be issued a citation for each violation by a Police Officer or a Code Enforcement Officer subjecting the violator to the penalty provisions set forth in Section 14 -58. Section 11. Severabilit . if any part, section, subsection, sentence, clause or phrase in this Article is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Article. Section III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor and legal publication. Member of the Common Coun it �.c LLr En�6�,$ii JOT John Voorde, City Clerk Ordinance Amending Section 14 -56 of the South Bend Municipal Code Page 5 st READING uEuc IIEARING r' READING <OT APPROM ,EFERRED ASS-W Alwjog?4W by me to the Mayor of the City of South Bend, Indiana on the .-- 2010, at o'clock —.m. Janice Talboom, Deputy City Clerk r4le"yw,vvw mnw,sa yver"Y by me on the day of o 'clock —. M. Stephen J. Lueeke Mayor of the City of South Bend, Indiana day of 2010, at AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 July S, 2010 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 Schefineyer ABZA 717/10 Dear Council Members: The above referenced petition of Donald Schefineyer was legally advertised on June 17, 2010. The Area Board of Zoning Appeals gave it a public hearing on July 7, 2010, at which time the following action was taken: Upon a motion by Mr. Hawley being seconded by Mr. Phipps and unanimously carried, the petition for Special Exception to allow a lounge and restaurant in a "MU" Mixed Use District, on property located at 702 E. Jefferson Blvd., is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Charles C. Bulot, C.B.O. Building Commissioner CCB /cah SCHEF"1 A ER SPECIAL EXCEPTION PURSr 'ANT 21-09.3(D) AREA BOARD OF ZONING APPEALS FINDIN S Qi FACT 1. THE PROPOSED US'L NVILL NOT BE 1N1URIOUS TO THE PU13L1C I- iEALTH- SAFETY- COMFORT. COMMUNI'I"Y MO1RAL STANDARDS. CONVENIENCE OR GE1�'ERAL WELFA}Z.E BECAUSE: Developn1ent and use as presented will comply with all building_ fire safety_ traffic, and parkins_ regulations as to not being injurious to the public health_ safety. morals, and general xvelfare of the comsnuility. 2, THE PROPOSED USE 1A '1LL NOT INJURE OR ADVERSELY AFFECT THE USF_ OF THE ADJACENT ARIA OR PROPEi:,TY VALUES TH7rR1✓T.N BECAUSE: The variance or use snail improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THL PROP05I D L'SE l�'ILL BE CO �SISTENT VdITH TT-II= CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE-,: Conditions on the propertv predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND C'0- WPREHEA'SIi1EPL.4N BECAUSE: it is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's inrent. W CONDITIONS OR REVISIONS: D1✓CI S ON' IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Dend Common Council with a: F'A%,'O1ZAI3LE 1RECOMIVIENDATIOiN ADOPTED this irh Day of JULY. 2010. YES NO ® MICHAEL URBANSKI ABSENT RANDALL MAT HYS ® JACK YOUNG ASSENT JACK I -ECKEY IR CERALD PHIPPS ® ROBERT HAWLEY ® JOE VELLEMAN 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 702E Jefferson Blvd., South Bend, IN 46617 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 snakes 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: 702 E. jefferson Blvd. , South Bend Indiana, 46617 in order to permit: A re nest to allow a loon a and restaurant in a "MU" mixed use 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; 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. Member of the Common Council :m tit% Fr r,�.m4. {! 6 p�'�£ -� B 4P _Z(-- L ,b FRESt�:��'� T APPPOVLi "i i Filed In Clerk's '(D JUIN - 7 2010 JOHN VOf'MD E G1 T Y Tl.l~I (' $0. FE. N01, IN. ACTION( MORTGAGE CORPORATION MORTGAGE INVESTMENT BANKERS Commercial Real Estate Financing June 7, 2010 St. Joseph County /South Bend Building Department 125 S. Lafayette Blvd., Suite 100 South Bend, IN 46601 RE: Variance and Special Exception appeal for property located at 702 E. Jefferson Blvd., South Bend, IN 466I7 To Whom It May Concern: I am hereby petitioning the following: Donald Schefineyer, c/o Action Mortgage Corporation, 300 S. St. Louis Blvd., Ste. 102, South Bend, Indiana, 46617 Telephone number is 574 -288 -6300. Property location is 702 E. Jefferson Blvd., South Bend, Indiana, 46617 I am seeking a Special Exception to allow a lounge and restaurant in a "MU" Mixed Use district. I am also seeking a Variance from the allowed two controlled uses within 1,000 feet to four controlled uses and from the required sixty -eight parking spaces to zero. Standards for Special Exceptions i. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: The proposed use will not be injurious to the public Health, safety, comfort, community moral standards, convenience or general welfare. The existing building has been part of the neighborhood since approx. 1890 and was remodeled in the 1960's to double its size and again in 2006 to completely upgrade the electrical and plumbing systems, new roof, new exterior treatments, all new windows and doors and an ADA compliant bathroom. Uses over the years have predominantly been retail and included: Buttons and Bows, a clothing retailer; Belmont Beverage, a retail liquor store; most recently the Natural Way a MWOM Zile 'a�'k�iex��trrum Martgage Bankers Aass) Foams of America 300 South St. Louis Boulevard South Bend, Indiana 46617 Telmhone (574) 287 -5363 Fax (574) 282 -2129 7MRlAof one �ano�� Also Ame Rra! FafaTn Finance 3rcels County Parcels Rec PARCELID NAME —11 —[— ----110 18- 5011 -0340 STRATABYS LLC MAILINGADD MAILING= MAILIN MAILING21 GSTA P 13 E Jefferson South Bend IIN 1 46617 t TERSEN THOMAS R 21018-5011-0350 MARGARET 115 S St Peter St lSouthBend IN 46617 3 018 - 6002 -001CKER TIMOTHY J 1120 S Spring Mishawaka IN 46544 4 018- 6002 -0074 HACKER TIMOTHY J 1120 S Spring Mishawaka [IN 46544 ZION UNITED CHURCH 018 - 6002 -001$ 10F CHRIST 715 E Wayne St South Bend IIN 1 4661 ZION UNITED CHURCH 018 - 6002 0029 JOF CHRIST 715 E Wayne St South Bend IIN 1 4661 UNITED CHURCH OF 7 018 -6002 -0020 CHRIST ZION CHURCH 1715 E Wayne St South Bend IIN 46617 SCHEFMEYER DONALD 1300 S Saint Louis 8 018 -6002 -0017 H Blvd Ste 102 South Bend IN 46617 L-9118-6001-0002 CITY OF SOUTH BEND JUNITED CHURCH OF 101018-6002-0019 CHRIST ZION CHURCH 715E Wayne St IsouthBend 11N 1 4681 UNITED CHURCH OF 11 018- 6002 -0030 ICHRIST ZION CHURCH 1715 E Wayne St South Bend IIN 1 4681 ZION UNITED CHURCH IIN 22 018- 6002 -0024 OF CHRIST 715 E Wayne St South Bend 46617 ZION UNITED CHURCH 23,018-6002-001801 OF CHRIST 715 E Wayne St. South Bend IN 46617 UNITED CHURCH OF 24 018- 6002 -0028 CHRIST ZION CHURCH 715E Wayne St South Bend IN 46617 ZION UNITED CHURCH 25 018 -6002 -0027 OF CHRIST 715 E Wayne St South Bend IN 46617 RADIOLOGY REALTY % 121 S St Louis 26 018 - 5011 -0327 X RAY CONSULTANTS Blvd South Bend IN 46617 MICHAELS JEROME E 1116SStLouisBI 27 018 - 5011 -0339 AND MARY L South Bend IN 46617 RADECKI RONALD P & 28 018- 5011 -0351 KAY K 123 S St Peter St South Bend IN 46617 CLEARWATER J609 KENNETH R AND E Jefferson 29 018 -5011 -0319 JOYCE J lvd South Bend IN 46617 ADAMO ANTHONY P TRUSTEE OF THE ANTHONY P ADAMO REVOCABLE TRUST 30 018 -5011 -0329 FOR LIFE P 0 Box 611 South Bend IN 46624 ADAMO ANTHONY P TRUSTEE OF THE ANTHONY P ADAMO REVOCABLE TRUST 31 018 - 5011 -0330 FOR LIFE P O Box 611 South Bead IN 46624 CLEARWATER IIN- KENNETH R AND 32 018 -5011 -0320 JOYCE J 613 E Jefferson South Bend 46617 RADECKI RONALD P & 1123SStPeterSt jSouthBend 33 018- 5011 -0352 KAY K IN 46617 TOEPP ROSEMARY % KATHLEEN TOEPP 34 018 - 5011 - 035501 NEUHOFF 727 E Jefferson South Bend IN 46617 CLEARWATER KENNETH R AND 35 018 - 5011 -0315 JOYCE J 116 S HILL ST South Bend !N 46617 RUBIN IRWIN SPOUSE 'S TRUST WIGERTRUDE AS TRUSTEE 112 & GERTRUDE RUBIN 112 [___361018-5011-0328 JINT 151288 GolfVlew Ct lGranger IN 46530 Area Plan Commission of Ste Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magiiozzi Assistant Director Phone 574 235 -9571 www.stiosephcountyindiana .con? /areaplan Fax 574 235 -9813 July 21, 2010 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Lincolnwood Retail LLC to zone from GB General Business District to CB Community Business District, vacant property adjacent to and east of 1847 Lincolnway East, City of South Bend. - APC# 2556 -10 Dear Council Members: I hereby Certify that the above referenced ordinance of Lincolnwood Retail LLC was legally advertised on Thursday, July 8, 2010 and that the Area Plan Commission at its public hearing on Tuesday, July 20, 2010 took the following action: Upon a motion by Barrett Berry, being seconded by Robert Hawley and unanimously carried, the proposed ordinance of Lincolnwood Retail LLC to zone from GB General Business District to CB Community Business District, vacant property adjacent to and east of 1847 Lincolnway East, City of South Bend is sent to the Common Council with a favorable recommendation. This rezoning will allow for a vacant and underutilized property to be used for a high intensity automobile oriented commercial use. Prior high intensity commercial uses, including an automobile dealership, have been located at this site since the 1960s. Adjacent uses including fast food restaurants and a drugstore complement the proposed use. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Qin W. B orni Y JWB:jsc Attachment CC: Lincolnwood Retail LLC Danch, Harper & Associates 0,15 Ctllce Cie JUL ?. 1 2010 v4 .r�i J�t7� Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St, Joseph County, Indiana Staff Report APC # 2556 -10 Owner: Lincolnwood Retail LLC Location: vacant property adjacent to and east of 1847 Lincolnway East Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from GB General Business District to CB Community Business District to allow a financial institution with a drive -up window and ATM. Land Uses and Zoning: On site: On site is a vacant lot previously occupied by an automobile sales business. North: To the north is an apartment complex for IUSB students zoned U University District. East: To the east is a vacant lot and drugstore zoned GB General Business District. South: To the south across Lincolnway East is a fast food restaurant zoned CS Community Business District and a motorcycle sales business zoned GB General Business District. West: To the west is a fast food restaurant zoned CB Community Business District. District uses and development standards: The CB Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Developments within the CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby residential districts. Site plan description: The 1.53 acre site is proposed to include a one -story 3,995 square foot building covering 6% of the site. Fifty -four parking spaces will be provided and together with all other paved areas will cover 44,801 square feet or 67% of the site. The remaining 27% of the site will be open space consisting primarily of perimeter landscaping areas and interior landscape islands. A curb cut along Lincolnway East will continue to provide access to the site. Variances were approved by Area Board of Zoning Appeals to not require foundation landscaping, a reduction. in the required number of stacking spaces for both the drive -up window and ATM, and to not require perimeter landscaping along the east property line. Zoning and land use history & trends: This site has been zoned GB General Business District since 2004 when it was a part of the Don Medow automobile dealership. Don Medow vacated the premises in the spring of 2008 and the existing structure was razed. According to the 1966 aerials, this commercial / retail structure was located on this site for over 40 years. Prior to 2004, the site was zoned "C" Commercial, "e" Height & Area. Traffic and transportation considerations: Lincolnway East is a five lane road including a center two -way left turn lane. Utilities: The site will continue to be served with municipal sewer and water. Lincolnwood Retail LLC #2556 -10 Page 1 of 2 Additional information: (Agency comments) The Building Department and County Surveyor have no comments. The Division of Engineering and Public Construction has no objections. 5 Criteria (per IC 36-7 -4-603): 1. Comprehensive Plan: Policy Plan: Ci Plan Ci1y of South Ben Indiana (November 2006: Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. ED 1.2: Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The Future Land Use Map shows this area as commercial. 2. Current conditions and character: The site is currently vacant consisting primarily of paved areas and sparse natural ground cover where the prior building once stood. Land uses along this section of the Lincoln Way corridor are mostly commercial and retail with student housing to the north. The site includes cross access to the adjacent properties to the west and east at the north end of the site and to the east at the south end of the site. The land to- the east is anticipated to be developed as commercial, retail or service. 3. Most desirable use: The most desirable use of the site is higher intensity commercial since it is located adjacent to other intense commercial uses. Lincoln Way, which is a major east -west thoroughfare, provides the proper access to this predominantly automobile oriented commercial area. 4. Conservation of property values: Surrounding property values should not be negatively affected since the proposed use is compatible with the adjacent commercial uses. 5. Responsible development and growth: The proposed use supports responsible growth and development since it is located along an existing commercial corridor. This vacant and underutilized property has been commercial or retail for over 40 years. Recommendation: Based on information available prior to the public hearing, the Staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: This rezoning will allow for a vacant and underutilized property to be used for a high intensity automobile oriented commercial use. Prior high intensity commercial uses, including an automobile dealership, have been located at this site since the 1960s. Adjacent uses including fast food restaurants and a drugstore complement the proposed use. Lincolnwood Retail LLC #2556 -10 Page 2 of 2 Rezoning from: "GBA# GENERAL BUSINESS DISTRICT to "CB"' COMMUNITY BUSINESS DISTRICT i+ r MISHAWAKA SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT SOUTH BEND "G6" GENERAL BUSINESS DISTRICT f/ SOUTH BEND "U" UNIVERSITY DISTRICT N w Inch =200 feet Area Plan Commission ®f St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Syorni Executive Director !_arty P. Magliozzi Assistant Director Phone 574 235 -9579 www. stjosephcountyindiana .com /areaplan Fax 574 235 -9813 July 1, 2010 City of South Bend Common Council 227 West Jefferson, Suite 400 South Bend, IN 46601 Re: Bill #27 -10 Amendment of the Zoning Ordinance Property Located East of and Adjacent to 1847 Lincolnway East Honorable Members of the Council: A substitute ordinance regarding Bill #27 -10 was submitted to the Office of the Clerk on July 1, 2010. The substitute ordinance corrected some scrivener's errors within the legal description. If you have any questions, do not hesitate to contact the Area Plan Commission office. Sincerely, i Derek Spier, AICP Planner Rod i 2 o10 R: IZONING12010107JulylNON- CONF'ORMRNCRtCommon Council Ltr - Ordinance Baits 2555- IO.doe Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and Si_ Joseph County, Indiana Area Plan Commission of St. Joseph County 7 140 County -City Building South Bend, Indiana 46601 John W. Byorni Larry P. Ma ila Executive Director ry zzi Assistant Director Phone 574 235-9571 www. stjosephcountyindiana .com /areaplan Fax 574 235 -9813 July 21, 2010 The Honorable Council of the City of South Bend 4th Floor, County -City Building _ South Bend, IN 46601 RE: A proposed ordinance of Michael Wiescher to zone from MU Mixed Use District to SF 2 Single Family and Two Family District, property located at 1219 Mishawaka Avenue, City of South Bend - APC## 2557 -10 Dear Council Members: I hereby Certify that the above referenced ordinance of Michael Wiescher was legally advertised on Thursday, July 8, 2010 and that the Area Plan Commission at its public hearing on Tuesday, July 20, 2010 took the following action: Upon a motion by Ann Puzzello, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance of Michael Wiescher to zone from MU Mixed Use District to SF 2 Single Family and Two Family District, property located at 1219 Mishawaka Avenue, City of ,South Bend is sent to the Common Council with a favorable recommendation. This rezoning will allow for an existing vacant commercial structure to be rehabilitated and used for a single - family residence. Residential use of the site is compatible with the adjacent mined land uses including commercial, retail, service, and residential. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, �t to & - n W. Byori JWB ;jsc Attachment CC: Michael Wiescher H 7" I In w: r i" f JUL 7. 1 2010 : Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2557 -10 Owner: Michael Wiescher Location: 1219 Mishawaka Avenue Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to SF2 Single Family & Two Family District to allow for a private, loft style residence. Land Uses and Zoning: On site: On site is an existing one -story structure. North: To the north are two single- family residences zoned SF2 Single Family & Two Family District. East: To the east is the Grand Trunk Western Railroad. South: To the south is the Grand Trunk Western Railroad. West: To the west is a piano repair business zoned MU Mixed Use District, and across Mishawaka Avenue is a beauty salon zoned LB Local Business District. District uses and development standards: The SF2 District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities (e.g., public water, public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for development within this district. Site plan description: No site plan is required for rezoning to the SF2 Single Family & Two Family District. Zoning and land use history & trends: Prior to the 2004 update of the City Zoning ordinance, the property was zoned "C" Commercial, "d" Height & Area. The historical aerials show that the existing structure has been located on this site since before the 1960s. Traffic and transportation considerations: Mishawaka Avenue is a five Iane road including a two -way left turn lane which becomes a left - turn only lane as it approaches Beyer Avenue / Longfellow Avenue. Utilities: The site will continue to be served by municipal sewer and water. Additional information: (Agency comments) The Building Department and County Surveyor had no comments. The Division of Engineering and Public Construction has no objections. S Criteria (per IC 36 -7 -4 -603): 1. Comprehensive Plan: Policy Plan: Ct Plan CiW of South Bend Indiana (November 2006: Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Michael Wiescher #2557 -10 Page 1 of 2 Map. Objective ED 1.2. Encourage the reuse of abandoned and underutilized land and structures. Land Use Plan: The Future Land Use Map shows this area as Mixed Use. 2. Current conditions and character: The site is currently occupied by a one -story brick structure which was previously used for commercial purposes. A parking area is located on the site behind the building. An adjacent alley to the west provides access to these parking spaces from both Mishawaka Avenue and Longfellow Avenue. This end of Mishawaka Avenue is primarily a business and commercial area which includes a piano repair and resale shop, a clothing and gift store, a printing service, a soft water company, and a hair salon. A single family residential neighborhood is located to the north. I Most desirable use: The most desirable use of the property is local commercial, retail, service or residential. Any of these uses are compatible with the adjacent mixed uses located along both Mishawaka Avenue and Longfellow Avenue. 4. Conservation of property values: Surrounding property values should not be negatively affected since the proposed rezoning is to a less intense district. Residential use of the property is compatible with the adjacent commercial, retail and residential uses. S. Responsible development and growth: The proposed use is responsible growth and development since it lies within a mixed use area which includes commercial, retail, and residential uses. Recommendation: Based on information available prior to the public hearing, the Staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: This rezoning will allow for an existing vacant commercial structure to be rehabilitated and used for a single - family residence. Residential use of the site is compatible with the adjacent mixed land uses including commercial, retail, service, and residential. Michael Wiescher #2557- 10 Page 2 of 2 RM-M- on ing from: "'M U " MIXED USE DISTRICT to "SF2 "' SINGLE FAMILY & TWO FAMILY DISTRICT Zoning Key SOUTH BEND "SF2" SINGLE FAMILYAND TWO FAMILY DISTRICT SOUTH BEND "MU" MIXED USE DISTRICT SOUTH BEND "L B" LOCAL BUSIN ESS DISTRICT SOUTH BEND "GB" GENERAL BUSINESS DISTRICT SOUTH BEND "LI" LIGHT INDUSTRIAL DISTRICT S 1 inch= 100 feet ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1219 MISHAWAKA AVENUE, SOUTH BEND, IN 46615 COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH .BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The building is presently a commercial building with mixed use zoning. It has been empty for considerable amount of time. Rezoning for residential use is requested to restore the building to its original design, maintaining its commercial appearance and convert the interior of the building to a loft style two person residence. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Whitcomb & Keller's 3'd Sunnymede Addition, Part of hots 506 & 507 described as follows: Beginning at the most Easterly corner of Lot 507, thence Northwesterly with the Northeasterly line of Lot 507 a distance of 41.4 feet; thence Southwesterly at a right angle with the last described line a distance of 35.1 feet, thence Southwesterly a distance of 101.2 feet to a point of the Southerly line of Lot 506, which point is 8 feet Northwesterly from the most Southerly corner of Lot 506; thence Southeasterly with the Northerly line of Mishawaka Avenue a distance of 15.7 feet; thence Northeasterly 119.45 feet to the place of beginning excepting a strip of land 10 feet wide adjoining Mishawaka Avenue which has been dedicated to the public for the widening of Mishawaka Avenue. be and the same is hereby established as SF 2 Single Family and Two Family District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common ouncil Attest: City Clerk SO 0f "_is'AR z ;'i i p; �* ;+� an tale ;% C=A. Eiviae f 0A i44 Presented by me to the Mayor of the City of South Bend, Indiana on the 20",, at o'clock m Approved and signed by me on the M. 1-5f REAMNG 3 rd READING qOT APPROYW TFERRED 'ASSED' City Clerk day of , day of , 20,_„_,at o'clock Mayor of the City of South Bend, Indian H l In Clerk-'a Office JUL I W, J011-N V008OE MY CLERK, 50. SEhl0, IN Date Filed Application N Date received by the Area Plan Commission I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 1219 Mishawaka Avenue, South Bend, IN 46615 2) Name and address of property owner(s) of the petition site: Name Michael Wiescher Full Address and Phone Number 1007 Hudson Avenue South Bend, IN 46616 Home: 574 288 7628; Office: 574 631 6788; Cell: 574 386 7377 3) Name and address of contingent purchaser(s), if applicable: Name Full Address and Phone Number 4) It is desired and requested that this property be rezoned from SF 1 / SF 2 mixed zonin to SF 2 residential zoning 5) This rezoning is requested to allow the following use(s): Private loft -style residence 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (e) addressed, stamped envelo es for all property owners within 300 feet of the petition property (f) a location map, if available, dra to scale, which includes street names, printed in 8'/2" x I I" format. Signature(s) of All Property owner(s) PETITION PREPARED BY: CONTACT PERSON: (if different) Name Michael Wiescher Full Address and Phone Number 1007 Hudson Avenue South Bend, IN 46616 Home: 574 288 7628; Office: 574 631 6788; Cell: 5741 Email Address: wiescher.I @nd.edu Name Full Address and Phone Number mail Address MiAY2820110 rea Plan C® Mission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magiiozzi Assistant Director Phone 574 235 -9571 www. Stjosephcountyindiana .com /areaplan Fax 674 235 -9813 July 1, 2010 City of South Bend Common Council 227 West Jefferson, Suite 400 South Bend, IN 45601 Re: Bill #29 -10 Amendment of the Zoning Ordinance 1219 Mishawaka Avenue Honorable Members of the Council., A substitute ordinance regarding Bill #29 -10 was submitted to the Office of the Clerk on July 1, 2010. The substitute ordinance added the property address to the ordinance title and added the complete legal description with Section 1. If you have any questions, do not hesitate to contact the Area Plan Commission office. Sincerely, Derek Spier, AICP Planner FfHed In for '13 tt � JUL -- 1 201 i E: TONINCIl010107TulyINON- CO,VFORMAiVCEiCommon Council Lir -Ordinance Edits - 2557 -10. doc Serving South Send, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana rea Plan Commission ®f St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Larry Ma P. g Executive Director liozzi Assistant Director Phone 574 235 -9571 www. stiosephcountyindiana .com/areaplan Fax 574 235 -9813 July 21, 2010 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 3 3 RE: A proposed ordinance of First Unitarian Church, South Bend, Indiana to zone from SF2 Single Family and Two Family District to PUD Planned Unit Development District, property located at 101 E. North Shore Drive, City of South Bend - APC# 2558 -I0 Dear Council Members: I hereby Certify that the above referenced ordinance of First Unitarian Church, South Bend, Indiana was legally advertised on Thursday, July 8, 2010 and that the Area Plan Commission at its public hearing on Tuesday, July 20, 2010 took the following action: Upon a motion by Gary Giiot, being seconded by Ann Puzzello and unanimously carried, the proposed ordinance of First Unitarian Church, South Bend, Indiana to zone from SF2 Single Family and Two Family District to PUD Planned Unit Development District, property located at 101 E. North Shore Drive, City of South Bend is sent to the Common Council with a favorable recommendation, subject to the following Written Commitments: 1, maintaining the existing green space, 2. maintaining the architectural characteristic of the building, 3, defining each each unit as a single family unit and 4. allowing the Staff to approve the underground garage concept. This rezoning will allow the adaptive reuse of a previously institutional building within a well - established residential neighborhood. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Q-46hn W. Byorni tv JWB:jsc Attachment CC: First Unitarian Church, South Bend, Indiana East Northshore Properties, LLC Charles S. Leone v L 2 1 2010 Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana roll Staff Report APC # 2559-lo Owner: First Unitarian Church, South Bend, Indiana Location: 10 E. North Shore Drive Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF2 Single Family and Two Family District to PUD Planned Unit Development District to allow renovation and expansion of existing church structure to a four (4) unit residential condominium. Land Uses and Zoning: On site: On site is a church building, parking area, garage and green space. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east are single family homes zoned SF2 Single Family and Two Family District, South: To the south are single family homes zoned SF2 Single Family and Two Family District and the St. Joseph River. West: To the west are single family homes zoned SF2 Single Family and Two Family District. District uses and development standards: The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. The PUD District is not intended for the development of residential subdivisions or other developments which are provided for as a matter of right within any district of this Ordinance. Site plan description: The entire site is 0.54 acres. Four condominium units are proposed for a density of 7.4 units per acre. There is an existing building with an addition and garage proposed, for a total of 7,335 square feet or 31% of building coverage. The garage will hold 4 cars and additional paving will accommodate another 2 cars for a total of 6 parking spaces. Paving, including the new drive /parking area and existing walkways, will cover 12% of the site. The remaining 57% is open space including existing green space with mature trees on the south of the site. The only access proposed is from Leeper Avenue. Zoning and land use history & trends: From 1996 to 2004 this property was zoned A Residential (One Family). The building appears on both 1986 and 1971 aerial photography. Traffic and transportation considerations: Michigan Street (SR 933) has four lanes. North Shore Boulevard and Leeper Avenue both have two lanes. Additional information: (Agency comments) The Staff suggests that the petitioner contact the Board of Public Works regarding the possibility of two street trees along Leeper Avenue to buffer the new, larger garage. First Unitarian Church, South Bend, Indiana #2555 - 10 Page l of 2 5 Criteria (per IC 36 -7-4 -603): I. Comprehensive Plan: Policy Plan: CiV Plan South Bend Cam rehensive Plan November 2006 Objective LU 2.1 Encourage developers to use planned unit and traditional neighborhood development models to promote land use compatibility in future developments. Objective H I: Ensure that an adequate supply of housing is available to meet the needs , preferences, and financial capabilities of households now and in the future. Land Use Plan: The Future land Use Map identifies this area as medium density residential. 2. Current conditions and character: All properties within a 1,000 foot radius are zoned SF2 Single Family and Two Family District. 3. Most desirable use: The most desirable use is a use which will be compatible with the surrounding residential area. 4. Conservation of property values: Surrounding property values should not be negatively affected. 5. Responsible development and growth: It is responsible growth and development to allow the conversion of an existing structure into a use that is compatible with a mostly residential neighborhood. Recommendation: Based on information available prior to public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Analysis: This rezoning will allow the adaptive reuse of a previously institutional building within a weIl- established residential neighborhood, First Unitarian Church, South Bend, Indiana #2555 -10 Page 2 of 2 w alcewa 18 04", marwette C r L, c t u �A Mow Rezoning from.. "'SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "PU °' PLANNED UNIT DEVELOPMENT DISTRICT N Zoning Key IN SOUTH BEND "SF2" SINGLE FAMILYAND TWO FAMILY DISTRICT 1 *1 s 1 inch = 200 feet ORDINANCE No. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 141 E. NORTH SHORE DRIVE, COUNCILMANIC DISTRICT FOUR IN THE CITY OF SOUTH ,BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner, First Unitarian Church, South Bend, Indiana, requests rezoning of the real estate at 101 E. North Shore Drive, South Bend, Indiana, from SF -2 to PUD to allow contingent purchaser, East Northshore Properties, LLC to re -use the existing church building on the property, and construct an addition and garages, for four (4) residential condominium units and to preserve existing open space on East North Shore Drive. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lots Numbered One (l), Two (2), and Three (3), and all of Lot Numbered Four (4) excepting therefrom a lot or parcel of land twenty (20) feet in width, North and South, taken off of and from the entire length of the North side thereof, all as shown on the recorded Plat of the First Addition of Navarre Place, in the City of South Bend. be and the same is hereby established as Planned Unit Development (PUD) District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Cone iron Council, approval by the Mayor, and legal publication. Member of the Common COU[ (il Attest: City Clerk opwullwy W4 b r Ist READING )UBLIC HEARR,yG 3 rd READING SOT APPROVW UFERRED SASSED, Presented by me to the Mayor of the City of South Bend, Indiana on the 2010, at o'clock __..`_ day of , .m. City Clerk Approved and signed by me on the day of , 2010, at .M. o'clock Mayor of the City of South Bend, Indiana rt Clerk's Office if L - 1 201 City CI K, S6 M D, W. I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 101 E. North Shore Drive, South Bend, Indiana 46617 2) Name and address of property owner(s) of the petition site: First Unitarian Church, South Bend, Indiana 101 E. North Shore Drive South Bend, Indiana 46617 3) Name and address of contingent purchaser(s), if applicable: East Northshore Properties, LLC 521 W. Colfax Avenue South Bend, Indiana 46601 4) It is desired and requested that this property be rezoned from SF -2 Sin le Famil and Two Family District to PUP Planned Unit Develo meat District 5) This rezoning is requested to allow the following use(s): Renovation of existing church structure and construction of an addition and a garage for four (4) residential condominium units. 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed in 8 %z" x 1 I" format. First Unitarian Church, South Bend, Indiana By: PETITION PREPARED BY: Richard Wallace, President Charles S. Leone (8765 -71) Leone Halpin, LLP 521 West Colfax Avenue South Bend, Indiana 46601 Phone: (574) 234 -8050 E -mail cleone @leonehalpin.com Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com /areaplan Fax 574 235 -9813 June 30, 2010 Honorable Common Council Of The City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Bill # 33 -10 A bill of the Common Council of the City of South Bend amending Chapter 21 of the zoning ordinance, Dear Council Members: The following changes have been made to the Ordinance for the above- referenced petition: Ordinance: 1) The word "District" was added after PUD Planned Unit Development. Petition: 1) The full zoning district name has been added after the abbreviation in item 4. If you have any further questions, please call me at 574 -235 -9571. Sincerely, U Christa Nayder Planner in CIO L N 3 r 2010 a Serving South Bend, Lakevil le, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 7055 Cleveland Rd. AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL, PROPERTY TAX ABATEMENT FOR PATTERSON LOGISTICS SERVICES, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 7055 Cleveland Rd. , South Bend, Indiana, and which is more particularly described as follows: Lot numbered Two (2) as shown on the recorded plat of Kidder's Olive Road Minor Subdivsion, recorded April 17, 1998 as Document Number 98I8752 in the Office of the Recorder of St. Joseph County, Indiana. and which has Key Number 71 -03 -19 -300 - 003 - 000 -009 or 025 -1011- 018601, be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION lI. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of seven (7) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12! t se q. SECTION ill. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. NOT APPRO.V13 Member of the Common council 'stb x i h Fil; - -', in (.,Fig,r,k'fj' OfficO [I ,,I� ^ 1 2 L ,K).H91 V00,30E E -�, . � 1-� ---------- RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 7055 CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (S) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PATTERSON LOGISTICS SERVICES, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adapted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 7055 Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: Lot numbered Two (2) as shown on the recorded plat of Kidder's Olive Road Minor Subdivision, recorded April 17, 1998 as Document Number 9818752 in the Office of the Recorder of St. Joseph County, Indiana. and which has Key Number 71- 03 -19- 300 - 003 - 000 -009 or 025 - 1011 - 018601, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1.12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: PRESENTED NOT APP90VI p ADOPTED SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization. Area for the Purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council, SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, ,Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sect. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common C i 6cil e a�r.Ee wirs r Hr'j In Glrork's Office � F7, ,v . �. 1 2010 JOHN VOORr.E CITY CLUM, S4. I3ENr;, IN. 1200 CouNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SouT1-1 BEND, INDIANA 46601 -1834 PHONE 574/ 235 -9371 FAx 574/ 235-9021 TDD 574/ 235 -5567 CITY of Sou'm BEND S'T'EPHEN J. LuEcKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT" JEFFREY V. GIBNEY July 20, 2010 ExEcuTivE DIRECTOR Council Member Timothy A. Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: PATTERSON LOGISTICS SERVICES, INCORPORATED Dear Council Member Rouse: On February 8, 2010, the Common Council approved Designating Resolutions for real property and personal property tax abatements for the subject firm. The real property, located at 7055 Cleveland Road, has an existing tax abatement that Patterson is assuming. At the time the Designating Resolutions were considered the firm had not completed a list of construction contractors and suppliers for its proposed project as called for in the real property petition forms. In approving the Designating Resolution for real property it was noted that the firm would qualify for no more than an eight -year tax abatement term. The firm agreed to provide the required information prior to the Council considering its real property Confirming Resolution. Consideration of the Confirming Resolutions for both tax abatements was held in abeyance pending receipt of the required information. The project entails the remodeling of a 208,000 square foot building to add office space and to equip it as a distribution center. Patterson has now completed the list of contractors and suppliers and submitted it to me. I have reviewed the information and found that the firm qualifies for a seven -year real property tax abatement term. Based on a seven -year term the total estimated taxes to be abated are $682,844. This includes $238,530 for the proposed improvements and $444,314 for the existing tax abatement on the building. Total additional taxes to be paid as a result of the project during the seven -year abatement period are estimated at $1,504,949. This includes $282,852 for the improvements and $1,222,097 for the existing tax abatement on the building. At this point it must be noted that during the negotiations for the Memorandum of Agreement Patterson reduced its compliance goals from what had been provided in their petitions. Specifically, the planned capital expenditure for personal property was reduced from $9,000,000 to $7,000,000; the size of the office construction was reduced from 10,000 square feet to 7,500 square feet and the number of new permanent, full -time employees to be hired was reduced from 50 to 35. The Committee and the Council may wish to review these changes with Patterson, COMMUNITY D vE1.OPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAN €ELA C. MEYER DONALD E. INKS MANAGEMENT 5741235 -9660 574/235 -9371 ELIZABETH LEONARD FAx: 5741235 -9697 5741235 -9371 South Bend Common Council RE: Tax Abatement for Patterson Logistics Services, Inc. July 20, 2010 Page 2 Copies of the Public Benefit Points Summary used to calculate the abatement term and the estimated Real Property Tax Abatement Schedule are attached. In addition, a complete copy of the real property tax abatement petition and an addendum to it are also attached. A representative of the firm plans to attend both the Council's Community and Economic Development Committee meeting and the Council's public meeting on August 9, 2010, in order to present the firm's Confirming Resolutions for this abatement and the companion personal property abatement. 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 -5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks Patterson Logitics Services, Inc. 22- Jun -10 Public Benefit Points Summary * qualify Earned Available Public Benefit Item: Y or N Paints Points Project 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 8. 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: D 210 3. Construction Related.. A. Employ Local Companies Y 20 B. Purchase Materials from Local Companies Y 20 20 C. Require Employees vs. Independent Contract( N 0 20 D. Require Target Wage Levels Y 22 19 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: 122 141 4. W_ age & 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 F. Provide Transportation Assistance N 0 15 G. Provide Employer Assisted Housing program N 0 14 9 Sub -total Wage & Benefit Related: 62 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan Y 35 D. Provide Targeted Hiring Preference N 0 35 34 Sub-total Workforce Related: 118 152 6. Pay, for Munici al Infrastructure: (point values are cumulative): A, Pay for Oversizing or Upgrading N 0 B. Pay for 26 -50% of Extension Cost N 0 14 C. Pay for 51 -75% of Extension Cost N 0 26 D. Pay for 76 -100% of Extension Cost N 0 39 52 Sub -total infrastructure Related: 0 131 7. Su ort a Municipal Facili A. Support a Municipal Facility N 0 $4 Total Public Benefit Points: 512 1000 " Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. Royal Holdings, Inc. Additional Years of Abatement Multi-family Development Projects: Other Development Projects: Subtotal from Points Summary: 512 Base Years of Abatement Additional Years of Abatement: 4 Total Years of Abatement: 7 n 7 Q N u � U � y w E n 2 � Q N 00 T .-r Y y � H 0 Lu tl 47 cD N O 47 N O 47 h N 0 N v 0 co N � U1 c N LO M m h N a 447 N m n N O o O O O Uy m o J b N N o R y u! 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N N 10 a a w W X X p� U.1C 4 C �Y w m to vNy N N W N 91 N Q w N X 4D rq ur fE1 .- N Q Q Q m z N O ` z d Q Q a N U D U U v E � U m w .-- 0 rh M N N N O m m G y 0 47 ip M z Ew m rnmN Lo 0!'7 N O 47 VO7 w Q i(I S] h tl M N 1f h co [t M Q ico O w mh coffin o E� hcococncj r Q N @ r cN � x Q F x i7 _ O� 0 M {D N co W O 7 47 Q M � c Nines N rn r h N W y N N N N N N ry N cry 1 0 Lo V' V m Z RS 47 [] 4) � 4) 0 h 'E od F N c N c\ N N N h O Of S`7 M C7 M P7 M M � N N W in M M � �'ocxa vvvvvav N rOi i �F vv v'vvcv x � a! .5 0 .c "c F P a N al ai O) X U) 47 47 In 47 Y�7 r r C O O a �{ Ili co co Go m m x 4F m M c"1 c+� N c�7 M c+> N N N N N N tD 4 a N N 80 Nroa47co3. m w % N N N N N N N N j d CL N W ate+ -o N o D � w F T m c � O 7 N 6 & w 7 w Q C -Q D -)a') ro v v w N 2 � 3 Page I of 1 Robert Mathia - materials & subcontractors From: Gwen Schultz To: Robert Mathia Date: 6/21/2010 6:34 PM Subject: materials & subcontractors CC: Gwen Schultz Attachments: Gwen Schultz Hi Bob, We finally chose the final sub - contractors, so here is the material & labor spreadsheet. Please let me know if you need any additional information and how many points we will have after your review. Thanks for your patience. Gwen M. Schultz Principal CresaPartners The T'enant's Advantage IDS Center, 80 South Eighth Street, Suite 850 I Minneapolis, Minnesota 55402 612,337.8498 main 1612.373.0292 direct 1612.810.0770 mobile www.cresapartners.com fileWCADocuments and Settines\RMATR1A\Ln(,.a1 Ci-.ttir, uc lTwrnn\3(PcrrnixriQp\,dr'Irtinnn 4/1q,,n,,, C O � O O M � m N � � O u O W N � v o m p (U 4A r,A U O (J 'A LA M O 4) a n w z r > � N Q m N n V) N rn ri m a w c of 0i h *' a c (U .O N vi m 7 O Y U f° y s d7 O E ? m 3 Z> a c C o� p Qy 41 ro w V C O .� T r Y r z 0 o° � � r W O V a in 00 00 y1i N OG � _c is Y a c a is u a9 OZf �GLI v H Y 4 f6 CL N a� E a E p 0 X m V � J a 4J aj c m 3 O E v) Q L U1 01 C7 O m rryv r r r O LD ar {R m N e O ry m N N d Q 0a1 p °m C. ° a M 0 Lns ^+ O n � 11 m L n N ,r O O n n n ry m in N V w - O� m V14 N N to b c 16 u u O J O R a s^ CL 0 is « j c 0 0 O H. cz t u U w p FO- D N yyy t�y L � 7 N W L n ~ j y O N C u C u 1 ry) +� c u m m m 4 06 n M M 0p m m •--� N "'� Q N uE 2 a m 4 t m q= V1 aLi j u O u C7 m m ) M .� V) E fl 0 tj _� G o V V) rf {R m N e O ry m N N d Q 0a1 p °m C. ° a M 0 Lns ^+ O n � 11 m L n N ,r O O n n n ry m in N V w - O� m V14 N N to b c 16 u u O J O R a s^ CL 0 is « j c 0 0 O H. cz t u U w p FO- D N yyy t�y L � 7 N W ` co Q ~ j y O N C u C u 1 N v c y c m a Ou +� c u m y u 4 [b N flq 6 L O C � � E v H O ° m N p �3 v a uE 2 a m 4 t m q= V1 aLi j u O u C7 m v) N Cu E o o o a .� V) E fl 0 tj _� G o V V) C m w a�i O x (1 N— z li 3 mL 3 °' r +, vi C m d c m O C, O w � 00 C rmrl V) �D N 14 O zr=a iz N f � your[t • cf< d iirtilf C®mmunitY & Economic Development 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 4660 1 -1 830 Phone 574/235 -9371 _ Fox 5741235 -9021 To: Timothy A. Rouse, Chairperson, Community and Economic and Development Committee From: Bob Mathia 4-17-7 Subject: Addendum to Staff Report for Patterson Logistics Services, Inc, Real Property Tax Abatement Petition Date: February 2, 2010 This addendum is being submitted to the staff report, dated January 27, 2010, for the real property tax abatement petition submitted by Patterson Logistics Services, Incorporated. That petition was also submitted on January 27, 2010. Based on further discussion with the petitioner and review of the petition, it was determined that the petitioner, Patterson Logistics Services, may qualify for up to an eight year real property tax abatement. A firm determination on the number years cannot be made at this time because the company is still in the early stages of collecting information on potential construction suppliers and contractors. The delay is due to the project's size. 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 minimum term the company will qualify for is five years. It should also be noted that staff revised the computer program /spread sheet used to estimate taxes abated and taxes paid to account for an existing real property tax abatement that the petitioner intends to assume. In preparing the new estimates staff located an error in the revised program and corrected it. Based on the above, the revised tax abatement projections are as follows: Total, taxes to be abated during a five -year abatement period are estimated at $631,439. This includes $189,500 for the proposed improvements and $441,939 for the tax abatement on the existing building. Total additional taxes to be paid as a result of the project during the five -year abatement period are estimated at $931,271. This includes $182,916 for the improvements and $748,355 for the existing building. Total taxes to be abated during an eight -year abatement period are estimated at $705,185. This includes $260,871 for the proposed improvements and $444,314 for the tax abatement on the existing building. Total additional taxes to be paid as a result of the project during the eight -year abatement period are estimated at $1,795,150. This includes $334,994 for the improvements and $1,460,156 for the existing building. Memo.To.Increase.Term.2.doc WhO WO 00 TOd4Y Makes A Diftrence 1 The Public Benefit Summary tables for both five year and eight year terms and tax abatement projections for each term are attached. I apologize for their late arrival. Please call me at 235 -5835 if you have any questions. cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks Memo. ToAncrease.Term.2.doc What': We Do Today Makes A Difference! Patterson ILogitics Services, Inc. Public Benefit Points Summary * Public Benefit Item: Quahfy Protect_ Related: or N 1. A. Redevelop a Site that has Special Needs N B. Develop Based on Local University Research N C. Achieve a Physical Element of a Plan N Sub -total Project Related: 131 1 2. Su er Size Projects oint values are cumulative): A. 100% to 199% Y B. 200% to 299% Y C. 300% to 399% Y D. 400% and Over Y Sub -total Super Size Projects: 3. Construction Related; A. Employ Local Companies N B. Purchase Materials from Local Companies N C. Require Employees vs. Independent Contracts N D. Require Target Wage Levels N 1w, Require Health Benefits N F. Require Pension Benefits N G. Maintain Affirmative Action Plan N Sub -total Construction Related: 4. Wa a &Benefit Related: A. Pay Target Wage Levels N B. Provide Health Benefits Y C, Provide Pension Benefits N D. Provide Training Y E. Provide Child Care N 1=, Provide Transportation Assistance N G. Provide Employer Assisted Housing program N Sub -tots€ Wage & Benefit Related: 5. Workforce. Related: 2 -Feb -10 Earned Available Polnts Points 0 49 0 35 0 36 25 68 65 52 210 0 0 0 0 0 0 0 0 0 34 0 28 0 0 0 62 120 25 68 65 52 90 20 20 19 22 22 18 20 141 33 34 29 28 15 14 9 162 A. Create New Jobs Y B, Retain Existing ,lobs Y C. Maintain Affirmative Action Plan Y D. Provide Targeted Hiring Preference N 42 41 35 0 42 41 35 34 Sub -total Workforce Related: 118 152 6. P for AAunicipaf infrastructure (point values are cumulative): A. Pay for Oversizing or Upgrading N B. Pay for 26 -50% of Extension Cost N C. Pay for 51.75% of Extension Cost N D. Pay for 76- 100% of Extension Cost N 0 0 0 0 14 26 39 52 Sub -total Infrastructure Related: 0 131 1 7. Su ort a Munlci al Facility: A. Support a Municipal Facifity N 0 $4 Total Public Benefit Points; 390 1000 Qualification for each Public Benefit Item based on best available information at time of application good faith determination if no information available. or Royal Holdings, Inc. Additional Years of Abatement Multi-family Develo ment 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 Pevelol2ment 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: 390 Base Years of Abatement Additional Years of Abatement: 2 Total Years of Abatement: 6 Patterson Logitics Services, Inc. Public Benefit Points Summary * Qualify Public Benefit Item: Y or N Project Fiefated: 1. A. Redevelop a Site that has Special Needs N t3. Develop Based on Local University Research N C. Achieve a Physical Element of a Plan N Subtotal Project Related: 2. Super Size Projects oint values are cumulative : A, 100% to 199% B. 200% to 299% C. 300% to 399% D. 400% and Over Sub -total Super Size Projects: 3. Construction Related: A. Employ Local Companies B. Purchase Materials from Local Companies C. Require Employees vs. Independent Contract( D. Require Target Wage Levels E. Require Health Benefits R Require Pension Benefits G. Maintain Affirmative Action Plan Sub -total Construction Related: 4. Wage & Benefit Related: A. Pay Target Wage Levels B. Provide Health Benefits C. Provide Pension Benefits D. Provide Training E. Provide Child Care F. Provide Transportation Assistance G. Provide Employer Assisted Housing program Sub -total Wage & Benefit Related: 5. Workforce Related: 2- Feb -10 Earned Available Points Points 0 49 0 35 0 36 0 120 Y 25 25 Y fi8 68 Y S5 65 Y 52 52 Y Y Y Y Y Y Y N Y N Y N N N 210 210 20 20 19 22 22 18 20 141 0 34 0 28 0 0 0 62 20 20 19 22 22 18 20 141 33 34 29 28 15 14 9 162 A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub -total Workforce Related: 118 152 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. Sup2ort a Munici al Facility, A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 531 1000 " Qualification for each Public Benefit Item based on best available information at fsme of application or good faith determination if no information available. Royal Holdings, Inc. 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: 531 Base Years of Abatement 3 Additional Years of Abatement: 5 Total Years of Abatement: 8 w �Q aC700co o m Co d�Co 4) x� {OhV'� N N No (6 0 0 0 N M N N d il) l j O Z f- dl co M 6) a N >I- tq l~ N N C) N r O m O r 0fo0 V t- 9D CO (*i 0 NV 0 0 v Q. CO r s f7 s9' M C4 (hL) N 0 CS) N CO 7 0 Ll7 N t- ®� r �p — N M H U itNJ b N 0 O N 00 o N d' Q 07 Q) �tf r lf) ONN C 0 ll� to h (.. 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CO ON 4 N W X h @ N H U W y > y V Y O W n y N � a pa ID _ n Cl ... d @ C > > > m C m E am �Y O D Ci a N � � a� x m 0 o M m .� L yNN�Q m i9 mim .W UN.� ja m Qay1 z 4. ��Z L;00 a dm a my¢ a m �£ d d y � M N 3 y 7 January 27, 20I0 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: PATTERSON LOGISTICS SERVICES, INC. Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a commercial real property tax abatement petition for the above - referenced Petitioner for the purchase, remodeling and equipping of a warehouse /distribution center located at 7055 Cleveland Road. 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, Patterson Logistics Services, Inc., proposes to remodel a 208,000 square foot building to add office space and equip it as a distribution center for the products it sells. The existing building has a seven - year tax abatement that the Petitioner intends to assume. The Petitioner is seeking an additional five -year real property tax abatement for the improvements it plans to make. A representative of the Petitioner will be available to meet with the Committee on Monday, February 8, 2010. 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 -5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks ' i� a 1' i I i ►- TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: PATTERSON LOGISTICS SERVICES, INC. MATE: January 27, 2010 On January 27, 2010, a petition for real property tax abatement consideration for property located at 7055 Cleveland Road was filed with the City Clerk by Patterson Logistics Services, Incorporated. 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 and Economic Development 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 and Economic Development has reviewed the petition, investigated the area, and makes the following report. Patterson Logistics Services, Inc. operates distribution facilities for the company's medical, dental and veterinary divisions. The Petitioner is proposing to; (a) purchase an existing 208,000 square foot warehouse /distribution center that is only partially occupied; (b) construct physical improvements including mechanical and electrical upgrades plus 10,000 square feet of new office and supporting spaces necessary to support planned operations; (c) install logistical equipment to set up the building as a distribution center. The existing building has a seven -year tax abatement on it that the Petitioner intends to assume. The Petitioner is requesting a five -yearn abatement for the improvements it intends to make to the building. The cost of the construction portion of the project for the improvements is estimated at $2,500,000. The logistical equipment to be purchased includes racking, conveying equipment, server equipment, cabling and security equipment. A personal property tax abatement application is being submitted as part of the total project. The project's total cost is estimated at up to $19,500,000 which includes RE: Tax Abatement for Patterson Logistics Services, Inc. January 27, 2010 Page 2 purchase of the existing building. Total taxes to be abated during a five -year abatement period are estimated at $688,938, This includes $246,999 for the proposed improvements and $441,939 for the tax abatement on the existing building. Total additional taxes to be paid as a result of the project during the five -year abatement period are estimated at $939,491. This includes $191,137 for the improvements and $748,354 for the existing building. Per the petition, it is estimated that the project will create fifty (50) new, permanent full -time positions with an annual payroll $1,040,000. The project will also maintain sixty (60) existing permanent full -time positions, including 20 existing permanent full -time minority employees, with 'a total annual payroll of $1,620,000. OEM 1. A review of the tax abatements previously granted finds that the Petitioner, Patterson Logistics Services, Inc., has not been granted or associated with any previous tax abatements. However, at this time they are also petitioning for a personal property tax abatement. 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, which is a Tax Incremental Allocation Area; therefore, the petition for real property tax deduction must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a five -year real property tax abatement under Section 2 -79, Warehouse Development in the City -wide District. 1JC in V office CITY kil 27 -Jan -10 Patterson Logitics Services, Inc. Public Benefit Points Summary* Public Benefit item: 100% to 199% CD Earned Available Points Project Related: B. �C_ 1 • A. Redevelop a Site that has Speciai Needs N 0 49 B. a2 2! tv 0 35 O co N 0 36 52 Sub -total Super Size Projects: 210 s � 1� A. Employ Local Companies N 0 I B. � 27 -Jan -10 Patterson Logitics Services, Inc. Public Benefit Points Summary* Public Benefit item: 100% to 199% Qualify Y or N Earned Available Points Project Related: B. Points 1 • A. Redevelop a Site that has Speciai 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: 2. Super Size Projects (point values are cumulative): 0 120 A. 100% to 199% Y 25 25 B. 200% to 299% Y fib 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 Contractf 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. Wa e & 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 Sub -total Wage & Benefit Related: 62 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub -total Workforce Related: 119 152 6. Eay for Municilaal 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 Municioai Facilitv: A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 390 1000 ' Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. Royal Holdings, Inc. Additional Years of Abatement Multkjf it Development Pro'ects: 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 Pro'ects: 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: 390 Base Years of Abatement , 3 Additional Years of Abatement: 2 Total Years of Abatement: 5 Filed In luk's Office JAN 2 22010 ,'r:j;; � OOF?E CITY CLLR{, ,M SEND, IN. 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N N N W t• ^ t0 w N v ) y N N to (ND w rD c(D x m x U m a�i OZ -t-- Q I: ti r- t~ I. C ca ao � Y '= N Z Q m v U . m .0 .UQ `-- L) 00 Q 2> U L? fn N w p U U M -j ¢ f5 x O � •" t` O '�fi dJ r d N F t-- N $ N co m '0 '0 C Z ( ( C m ( (O mC � m (D CD (D (D 'o `6 L ui L ' o 00 N N N N N m m co m m N to N X 113 N N W t• ^ t0 U7 -Z 'O 0X6 to (ND w rD c(D > I: ti r- t~ I. C6 X t co co m OD m m v a} 2> m: � c °1C rn Cl) rn0m V- x LD LO LO 0 y LLJ LD LO O mmmmM dpi Y` N N N N N r z cil -C C i( 0 c r N M V sA UV)! a O C-) r r 0 0 O p p �- N N N N N y j aa4cia aLP a c c6 w �- C (9 O 0 U O O. O) 7 � ay 0 2i v Q m E C c to to y 00 0 p a) O 'a An m 4 r Diu � 1 .E rj N =3 � H� STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS $ 10 2o_ PAY 20 State Form $1767 (P.211 -07) y ^ 2 Pr ®scribed by the Department of Local Government Finance t� t' Rai SS -1 1 Real Property This statement is being Completed for real property that qualifies under the fotioM Inds a o0.irbis � ❑ Redevelopment or rehabilitation of real estate impmvemeants (IC 6.1.1 - 12.1 -4) © E1 191ble vacant building (IC 6- i.f- 12.t -a.8) CIVCL- INSTRUCTIONS. 1. This statement must be submitted to the is d designating the Economic RevRarmation Area prior to the publlchearfny lithe desrgnatrng body requires rrlformation from the applicant in making its decision about whether to designate an Economic Revitallzadon Area, Otherwise if the this statement must i be submitted to the designating 6adyBEl =pRl= the radevefapmerrt ar rah ahrlitaiion of rea! ro 'Pi4ects' planned or committed to after July 1, 1987, and areas designated alter July , 1987,requirera STATEMENT OF BFJVEFIT5. (IC 6 -1-1,1 -12.1) APProval ofthe deslgnadnp body (City Council Town Board, County Council, etc,) must be obtained prior to initiation ofMe redevelopment orrehabillteflon, BEFORE a deduction may be approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERAIVBD, Whichever is applicable, must be Sled urith the County Auditor by the later Of (1) May 10,• or (2) thirty (30) days after the notice of addition to assessed valustlon shown on the records ofthe township assessor. or new assessment's mailed to the property owner at the address 4. Property owners whose Statement of Benefits wee approved after June 30 1991, must attach a Form CF- 1/Real Properly annually to the application to show compliance with the Statement of Benefits. (lC t3 -7.1- 127- 6.i(bJ end 1C 6- 1. i- 121 - 5.3(!)1 5. The schedres established under IC 6.1.1 - 12,7-4(4) forrehabillteted property and under IC ti -1.1- 12.1. 4.8(1) for vacant buildings appy is any statement ofbeneiPts approved on orafterJuty 1, 2400. The schedules effecblre July f, 2000. Pr�r July ?, 2040, she!! continue to apply to a statement of benefits Sled before Name of taxpayer dtaxW,yw(numbwendsfnsat W sloth, and ZlApode) 1 Mendota Heights Road St.PaUl MN 5,5120 canlad person .. Tel6phone number City of South Send Location at pmPedY �417055 G€eve€and Road, South Bend, IN 46628 Joseph Deecrtpt3on of n3alprvpertyP vvemenlM redeveioprnent or rehabilrtation fuse add ffortarsheeta ifneoessary} Mechanical and Electrical upgrades to support the operations and equipment of the Distribution Center for medical, dental, and veterinary supplies; plus 10,000 SP of new office and supporting spaces AAAYA'AAAld1 _. 60 $27, 040 avg. NumbWreftlned pez person 1 60 NOTE: Pursuant to IC 6-1A- 12,1 -5.1 (d) (2) the COST of the property Is coMtdentlal. Current values Plus estimated values of prooised project Less values of any RM2q being replaced Net estimated values upon eamPletion of orofed Estimated solid waste converted (pounds) N/A Other benefits I hereby certify that the representations in this statement are true. 'ride $27,040 avg.] Number a, Per person 001=1fox e REAL ESTATE COST $6,700,000 $2,500,000 D $9,200,000 E -mail address seen- auniz6Detteraondeatel.ctra Resolution number DLGF tracing diairiet number EdkG9ted start data (month, day, 11010tod complaWn date (rnanth, deY 300 10/01/2010 tonal so Sa>~ , 800 avg. P� Person ro0, ,avv, Estimated hazardous waste converted (Pounds) N/A Page 1 of 2 Date slpaed (mon85, day, year] We have naviewed our prior actions relating to the designation of this Economic ReviG3lizat on Area and find that the applicant meets th6 genera! standards adopted in the resolution previously approved by this body, Said resolution, passed under !C fi 1.1 -12.3, provides for the fallowing limitations: A The designated area has been limited to a period of time not to exceed expires is calendar years " (see below). The date this designation B. The type of deduction that Is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements Q Yes Q No 2. Residentially distressed areas Q Yes Q No 3. Occupancy of a vacant building © Yes Q No C. The amount of the deduction applicable is limited to $ C. Other limitations or conditions (spedfiy) E. The deduction is allowed for years' {see below}. We have also reviewed the information contained in the statement of benefits and find that the reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. estimates and expecigtions ere &dY) Telephone member AftsW by (signature and ftre eftester) t]esVneted Ludy ��rX,cia� eMl year) " If the designating body limits the time period during which an area is an economic revitalization area, 0 does not limit the len entitled to receive a deduction to a number of years designated under IC 6 -1.12- 12.14. 9� of time a taxpayer I5 A For residentiatfy distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1, If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (8), or tan (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 CITY OF SOUTH BEAD 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 L.(;, 6 -1.1- 12.1 -1, et seg., and South Send Municipal Code Sec. 2 -76 et_ seg,. for this petition states the following: 1. 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: 208,000 SF Distribution Center for Medical, Dental, and Veterinary supplies and products. Physical improvements include mechanical and electrical upgrades to support the operation and equipment, plus 10,000 SF of new office and supporting spaces. The project is key to the business of Patterson Companies for distribution. Land Size 11.67 acres; Building Size 208,000 sq.ft. 2. Describe the overall nature of the business and of the operations occurring at the Property (attach additional sheet if more space is needed): Distribution Center for Patterson Companies Medical, Dental, and Veterinary Divisions. 3. Estimate the dollar value of the project (excluding land): $99 5 0 0 0 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: Land: $121,500 and Building: $6,799,800 per City Assessor Fully due to tax abatement currently in place, the current tax statements assessed value of $10,200 Is for land only. Improvements not assessed. S. (A) The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individuals or corporations (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 Patterson Logistics 1031 Mendota Heights Road 100% Services Inc. St. Pau! MN 55120 (b) The following other person(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 Jwl-re 0=07 (Rev E 0/23146) 6. The commonly mown address of the Property Is: 7055 Cleveland Road, South Bend, IN 46628 7. The Key Number(s) of said property is: 71- 03 -19- 300 -003 -000 -009 or 025 - 1011- 018601 8. A legal description of the above address Is attached hereto, marked AExhibit A,ea and incorporated herein. S. A map and/or plat describing the Property is attached hereto, marked AExhibit B,La and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked AExhibit C,C2 and Incorporated herein. 11. The redevelopment or rehabilitation project itself will create Mull time and 0 part-time permanent jobs within the first year, representing a new annual payroll of $1.04 million and will maintain 60 existing permanent full time and 0 existing permanent part-time jobs including existing permanent full-time minority employment of 20 and existing permanent part-time minority employment of 0 with an annual payroll of $1.62 million for all existing employees. 12. The projected annual salaries for each new position indicated above are estimated to be as follows (if more space is needled, please attach a separate sheet): $20,800.00 13. Provide current employment wage information including; base rate, cost -of - living allowances, hazardous -duty pay, Incentive pay including commissions and production bonuses, on -call pay and tips. ©o not include; back pay, jury duty pay, overtime pay, severance pay, shift differentials, non - production bonuses, and tuition reimbursements (average hourly rate or range): Position Full -Time Pare. "rima Laborers $12.39 �$0 Technical $0 $0 Mans erial $21.75 $0 Administrative $12.39 $0 14. Indicate whether your company provides the following benefits (use WIN); Y Health Care Benefits N Pension Plan Y Employer Provided Training (recognized or certified training /educational courses or programs) N Day Care (provides or contributes to the cost of child day care for its employees) (Rev 12/29/06) 2 N Transportation Assistance (provide direct or indirect support and assistance to its employees without 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 Community & Economic Development Dept. 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) 15. 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 /Paid Year Meal Pmnprki T'voc Da, ---) 2008/2009 - $306.52 c ct avttaa -1v Gr l I UABS 200712008 $400.44 $0 2006/2007 $351.21 $0 200512006 $357.88 $0 200412x05 $341.00 $0 2003/2004 $341.23 $0 0 12 0 t—. I Aul A t,oirw i array vc obw1riud IrOm me w. Josepn County t reasurers offc-e 235 -9531) 16. Please list the Number of full - time and part -time minority employees for each of the last three years: Year ,� RL 17. hoes your business maintain an 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; Yes. a) Encourage female and minority employees to refer applicants. b) Instruct supervisors to monitor each employee's job skills, experience level and performance and to assist the employee in career counseling as (Rev 12/29/00 � Full Part Full Fart Full Part 11 0 15 0 13 0 T 6 0 8 0 12 0 3 0 1 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 17. hoes your business maintain an 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; Yes. a) Encourage female and minority employees to refer applicants. b) Instruct supervisors to monitor each employee's job skills, experience level and performance and to assist the employee in career counseling as (Rev 12/29/00 � appropriate. Discuss promotion or transfer opportunities which may benefit the employee's career. c) Develop'action plans for female and minority employees to help ensure their potential for advancement into more senior positions in managerial, professional and sales categories. 13. Indicate whether or not your project meets any of the following criteria (contact Community & Economic Development Dept. 235 -9335 for Information on this section): N Conversion to residential use of a commercial an Eligible Building@ as designated by the Community & Economic Development Dept. tV Rehabilitation of a building that is either designated as a National Register or local landmark or is eligible for nomination as one, located in a National Register or local landmark district, or rated as Outstanding or Significant in the most recent Historic Preservation Commission county wide survey. IV Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department, N Pays for the cost of cleaning up a ABrownfield,@ which is any site, building facility or complex that has been designated a brownfield by the Community and Economic Development Department. Y Achieves a physical element identified in a development or revitalization plan that has been approved by the Council. 19. Is your business based upon licensing intellectual propertyirom 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 (attach additional sheet if more space is needed): No 20. Does your business financlally support a Municipal Facility (i.e. municipally owned park, recreation center, cultural, arts, or entertainment facility)? No 21. Is your company incurring any of the cost of extension or oversizing 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 (attach additional sheet If more space is needed): No 22. Information Is required on the companies through which construction materials will be purchased for the project. (please complete the table on page 5 of this application). 23. Information is required on the construction companies that will be utilized for 4 (Rev I V29146) construction of the project. (please complete the table on page 9 of this application). 24. No building permit has been issued for construction on the properly in connection with the improvement in question as of the date of filing of this petition. (The Property Owners signature at the end of this application is verification of this statement). 25. 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: 5407 - Retail Trade 26. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 453990: Ali other miscellaneous retailers 27. The current use of the Property is Distribution and the current zoning is Limited Industrial (1-1). (This information may be obtained from the Building Department 235 - 9554). 28. Has your business been granted previous tax abatement(s)? if yes, please provide type (real and/or personal property) and date of approval. No 29. 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 Association Sections 503 and 594 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund, Neighborhood Business Development Corporation, Corporation for Entrepreneurial Development•, or other public financial assistance, including but not limited to public works Improvements: None 30. The following person(s) should be contacted as Petitioners agent regarding additional information and public hearing notifications: Name Gwen Schultz and Karen Rile Address 80 South Eighth Street, Suite 856 Ci State Zip Minneapolis, MIV 55402 Telephone 612 337-8498 31. Please indicate the name, address, and telephone number of the person who will work with Employment Training Services (ETS) for employee recruitment, and sign the ETS form attached to the petition If the real tax abatement is for warehouse or Industrial (Rev 12/29/06) developments. Name Jeff Lea Address 4303 Teohnokogy Drive C' State, . p South Bend, IN 46628 Telephone 574 289-8485 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. (Rev ]2J29106) Flame of Property Owner(s): Patterson Logistics Services, Inc. 1031 Mendota Heights Road St.Paul, MN 55120 0 By: (Signed Name) Dania �4. (Typed or printed name and. capacity of sigbor if signed by an agent or representative of the owner.) ZV rk's OIRCO 8 2010 6 ! .v,'.,. o " "_ .._�- -- E }S 3 C-'U U Z_ o c= z �. c N Q fy.• Cc .Q co ` q v "0 o a a� yqo. J__ �aA.00ca�) _ ago wo tu CL c� c a.(D LL o a m a IL flu M U V E ` Ec r� CU c co E v : c - Cc = (D m= - 0 Q+,� 0 cc O n' q q E 0 L E i'm t: 0 ca q�j � tk y Z } IV a U r- M O CII IM o_ c am j� 0 CO c: M-0 CL •• c 8 um nn o �p O C i=0 — y 0 W i } U y 03 _b co = q-i3Rf O ® O *- z C c— L E d m �o o�n. �s a u CL M0s���� E.m� �- 0 q— C o v ®-aoc�c =° (4 y g O 40 y cl— v E 4- P: U � � to V 0 V CO y e- � c � CD 0- � � a, ly q 1. y G « 2 C 5 . CL -0 . V E o o O _ 6 U ri CL v� 'o D a w _ Q m U L Q} b. E f� mu a 0 0! 0 tl 0 E ;6 r• � O f p = 2 L poE EW,0o i� tea= Zz0M ro pc+aNG1b (D® L U 0 ...1 M .00t C C. HV0 41 O c 6.p .. .c O ►- Q °q _S co O = lJ r N C�] e! L�7 I� 1 r- N C*7 to U [ U3 �B7ti t3 cv cc 3 v - -c .° z �0_ p z° EXHIBIT A Lot numbered Two (2) as shown on the recorded plat of Kidders Olive Road Minor Subdivision, recorded April 17, 1998 as Document Number 9818752 in the Office of the Recorder of St. Joseph County, Indiana. Tax Key Number: 71- 03 -19- 300 - 003 - 000 -009 or 025 - 1011 - 018501 Property Address: 7055 Cleveland Road, South Bend, IN g ' Ea In ClltIK