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HomeMy WebLinkAbout09-27-10 Council Agenda & PacketACF.T77'lA SOUTH BEND COMMON COUNCIL MONDAY, SEPTEMBER 27, 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 ~ . n n r~ nn A. GARY GTLOT - UPDATE ON INTERSECTION OF WESTERN AVE. AND OLIVE ST. 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL N0. 55-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $276,780 WITHIN FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM 52-10 PUBLIC HEARING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 201.1 53-10 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011, AND ENDING DECEMBER 31, 2011, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 54-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITX OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 20].1 AND ENDING DECEMBER 31, 2011, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SMALL TARE EFFECT 56-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY DF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS OF THE SOUTH BEND POLICE DEPARTMEN`T' FOR CALENDAR YEARS 2011, 2012 AND 2013 57-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FF2INGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2011, 2012, 201 AND 2014 58-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2011 59-10 PUBLIC HEARING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2 011 8. BILLS, THIRD READING BILL N0. TIME: 55-10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF' THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $276,780 WITHIN FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM 56-10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS DF THE SOUTH BEND POLICE DEPARTMENT FDR CALENDAR YEARS 207.1, 2012 AND 2013 57-10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOU'T`H BEND FIRE DEPARTMENT FOR CALENDAR YEARS 207.1, 207.2, 2013 AND 207.4 58-7.0 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 201.1 59-10 THIRD READING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR. 2x11 9. RESOLUTIONS BILL NO. 10-45 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 901 (LOT 2} AND 909 (LOT 1) NORTH ST. PETER STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5} FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SNYDER CUSTOM HOMES, INCORPORATED 10-4b 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 1400 WEST RIVERSIDE DRIVE AN ECONOMIC REVITALISATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, LLC AND AFFILIATES AND .EQUIPMENT LESSORS 10-47 A RESOLUTION DF THE COMMON COUNCIL DF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 W. TUCKER DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, LLC AND AFFILIATES AND EQUIPMENT LESSORS IO-43 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 I401 SOUTH LAFAYETTE BLVD., SOUTH BEND, INDIANA 10-44 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 2502 WESTERN, AVENUE, SOUTH BEND, INDIANA IO-40 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 3700 S. GERTRUDE ST. T0. BILLS, FIRST READING BILL N0. 61-00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REPEALING CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNYCIPAL CODE PERTAINING TO TAX ABATEMENTS AND ESTABLISHING NEW TAX ABATEMENT PROVISIONS AND PROCEDURES 11. UNFINISHED BUSYNESS A. REPORTS FROM AREA PLAN COMMISSION I. BILL NO. 46-30 - ANNEXATION/REZONING - I7904 STATE ROAD 23 2. BILL NO. 47-~0 - ANNEXATION/REZONING _ 54700 BLOCK OF BURDETTE STREET 12. NEW SUSZNESS 13. J?RIVILEGE OF THE FLOOR ~.4. ADJOURNMENT 'T'YNE NO'T'ICE FOR HEARING AND SIGHT IMfPAIRED PERSONS Aa~xiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. 12p0 Cacrrrr~Cm SLfII,DINc 227 W. JEFrei~sore BO~SLEVARD SOVPH BEND, INDIANA 46601-183Q PHONE 5741235-9371 Fnx 574/ 235-9421 TDD 5741235-5567 CI'T'Y of Sou~rx Brz.~n STEPHEN ). Lvrcx>, MAYOR C®1VIMU~Ti'~ $~ EC®NOMIC I.)EVELC3PMCENT rEFFRE.7i' V Ci'i1B1VEY EXECt]"r1VE DIA1;CroR September 22, 2010 ~~1 ~~~ Derek Dieter, President South Bend Common Council 4D0 County-City Building South Bend, Indiana 4&601 Dear President Dieter: This letter is requesting to postpone indefinitely the public hearing, second, and third reading far Ordinance #55-10 for the Shelter Plus Care grants with Madison Center. Given that the Department of Housing and Urban Development (I~[UD) approves floe grant and provides the grarTt agreement to the City fox execution, any change ~ the service provider would need HUD approval. The impending changes at Madison Center may affect which entity provides the services under these grants. At this point in time i am waiting for that information to be confirmed and am asking to delay the appropriation review until it is received. 9~ethe information is provided we may wish to amend the ordinance to reflect a new providex. ~~' Should there be any questions please contact meat 235-5845. Thank you. Since -~ f ~ F Pamela C. M er Director Cc: 3. Rosheck 3. Gibney G. Zientara 1. lVlarch B. Leonard ~~~~~ C~ ~~~1'~g~ C~~~aCO SEP 2 ~ 201 d~'~"I~~ ~IG~Oec~~ ClNCt?;.~~.~. Vii., ~~td0,1N. Csf7MN1llNT1'Y f}EVEI:OPIvIEN'1" ECONOMIC DfiVL.LOPMENT 1~AlriELA C. MEYER I~QI+~ALD l;. TFJifS 574!235-96Go 574/235-9371 FAX: 574(235-9697 FFNAI3CIAI. & PanGxAM NLINAGPMENT 3:LIZJIRETH LEONARQ 574!235-9371 12aa Carmrrr-Clrr BurLnrNc 227 W. JEFFERSON BOifLEVARD Sovrl~ B>?ND, 1NpL}NA 466x1-1830 rxoNE5741235-9371 FAx 5741235-9x21 TDD 5741235-5567 CI'1'X OF SOt7TH BEND STEPr~EN j. LUECICE, MAXOR Co~r~u~~~ ~ EcoNO~~c i7~v~~o~~E~~ jzrFZ;xEx v Gr$NEx August 26, 2009 FxrcurrvE DIRECTOR President Derek Dieter South Bend Common Council 400 County-City Building South Bend, Indiana 46601 Dear President Dieter: Tlie attached ordinance for Council consideration. will appropriate $276,7$0 in renewal funding under tlae Shelter Plus Care Prpgram (SPC} in three separate renewal grants as follows: TN0087CSH0009Di $ 92,820 Sept.8, 2010 Sep#.7, 2011 for 13 units 1N0009C5H000802 $141,120. August 1, 2D10-Ju1y3l, 2011 forl8units IN001 OCSH000842 $ 42,840 August 29, 2010-August 28,2011 for 6 units The City serves as a Oscal agent and recipient of funds for the eligible agency, determined by HLTD, receiving the SPC dollars. The fiunding allocated provides support for sponsor based rental assistance for housing severely mentally ill clients. Addressing homelessness is one of HUD's top priorities and the continuance of these projects makes a significant cozatribution toward assuring the development of a contiarxuum of care systerra in our conzrraunity. I wi11 be presenting this ordinance at the September 27, 2010 meeting. Please contact me with any questions prior to then. Thank you. Sincere y i~K-~ 2 Pamela C, Meyer v Director Cc: 7. Rosheck J. Gibney G. Zientara J. March B. Leonard COMMUNITY Dp.V.ELOPMENT ECONOMIC DEVELOPMENT PAMELA C. MF.YER DONALD E. INKS 574l235.9GG0 5741235-937! PAx; 5741235-9G97 SEA ~ 1 2010 ~Cs~ia V~ 'F1G`L FIDTA[dCIAL SL PROGRAM MANAGEtv€ENT /'~ EI,lzRasTH L&ONAAD ~ 1 574/235-9371 ~I ORDINANCE NO AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INrJIANA APPROPRIATING $27b,780 WITHIN FUND 212 FROM THE U.S. DEPARTMENT GF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM STATEMENT OF PURPOSE AND INTENT In order to deliver services to seriously physically and mentally ill individuals within uur community, The City of South Bend received funds from the U. S. Departrr~ent of Housing and Urban Development for the delivery of such services through various subgrantees. The funds appropriated in this ordinance will aid in defraying the casts of housing and related services. 1iOW, THEREFORE, BE IT ORDAINED by the Comrr~an Council of the City of South Bend, Indiana: SECTION I. The sum of $276,780 is hereby appropriated in Fund 212 and shall be administered by the Department of Community & Economic Development and its designated subgrantees as noted below: Madisa^ Center IN0087C5H000901 $ 92,520 (918110-9/7/11) Scattered Site Madison. Center IN0009C5H000802 $141,120 (08/1/10-7/31/11) Gateway Madison Center INOOlOCSH000802 $ 42,840 (8129110-$/28/11) Perm. Hsing TOTAL $276,780 SECTION II. This ordinance shall he in full force and effect from and after its passage by the Common Council and approval by the Mayor. .~~. ~ . _ Member of the Common Caunci Attest: City Ci~:rk Presented to me by the Mayor of the City of South Bend, Indiana on the _ day of at o'cIock .m. .Approved and signed by me on the at o'clock .m. 7 st READWG ~ ' ~ ,T -C ~ Pt.16LlC FlEARING 3 rd READ!?~fG N07 APPRC)VL•~} ~~~~~ pA5$$~ • -- City Clerk day of ~..~, Mayor, City of ,South Bend, Indiana -.-~..-M~--~ ~ ~~ ~" ~ ~~ JS~"~!r' i~~1e~~~ CUUf+1TY-CITY BUfLDING 227 dv. JEf=FERSaN eauf.~vnfan $flUTH BEND, 11V 466D1 PHOn~e 574-235-9216 FAx 574-235-9928 CITY OF .SOUTH BENC $TEFNEN J. Lt1ECKE, MAYOR OFt=tCE Q~' ADMt1~15TRA'PION & F11dANCE OREGG ®. ZIEh1TARA, CITY CONTRQLLER August 18, 2x10 ..~ ~a r~ ~ ~ ~ ~ ~ ' ~`~.. -- ~ C~ Mr. gerek Dieter, President South Send Common Council 4f" Floor County City Building 227 W. Jefferson Blvd. South Bend, fN 46601 re: Substitute Submission of an Ordinance Levying Taxes and Fixing Rate of Taxation to Meet City Expenses for 2011 Dear Council President plater: Attached herewith please find a bill for Camman Council consideration fixing the City of South Bend's property tax rate for the fiscal year ending December 31, 2011. This tax rate will apply far property tax assessments in fiscal 2010 with fax payable in fiscal 2011, The substitute ordinance attached is submitted for 1 ~ read Ping and reading nn Monday August 23, 2010. I will present the aforementioned hill at the Common Council's appropriate Personal & Finance Committee meeting and at the public hearing intended far September 27, 2010. Respectively submitted, Gregg D.t nt, a cc: Stephen J. Luecke, Mayor of the City of South Send ORDINANCE NO. xxxx-xx AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTFI BEND FOR THE FISCAL YEAR ENDING 171=CEMBER 31, 2011 STATEMENT OF PURPOSE AND INTENT: It is necessary to pass this Ordinance in order to levy taxes and fix the rate of taxation for the purpose of raising revenue to meet the necessary expenses far 2011. NOW, THEREFORE, BE fT ORDAINED BY THE COMMON COUNCIL OF Tf-IE CITY OF 50UTH BEND, fNDIANA as follows: Sec#ion I. There shall be levied upon each One Hundred Dollars of Assessed Valuation of Taxable Property of the City of Sou#h Bend, Indiana, far the fiscal year 2010 to be collected In the year 2011 the following: For CORPORATION GENERAL FUND, the sum of $3.10530 on each one hundred dollars of Taxable Property. For PARK AND RECREATION FUND, the sum of $0.B31B0 nn each one hundred dollars of Taxable Property. For CUMULATIVE CAPITAL DEVELOPMENT FUND, the sum of $0.04550 an each one hundred dollars of Taxable Property. Total Civil City Rate $3.78240 For REDEVELOPMENT BOND (COL#.EGE FOOTBALL HALL OF FAME), the sum ofi $0.09470 en each one hundred dollars of Taxable Property. Total Redevefopmer:t Rate $0.09470 Section It. This Ordinance shall be In full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council ~ At#est: City Clerk "~~~ a ~ ,_ a-i ~ _, z ~„ ~e a« ~ ~ ~4iY S~f~i~~bd".~ i4ag ;g LF ~ Presented by me fa the Mayor of the City of South Bend, Indiana on the daY of , 2 , at o'clock . m. Deputy City Clerk Approved and signed by me on the day of , ~ , at o clock .m. Mayor, City of South Bend, Indiana 1 st READoN~ ~~~ ~ ~ ZQ~~ PUBLIC NEAR3~iG rd REAbING `UT APPROV,F~,? J~'^s~i•!•~...'.JCi~t'~~ _,=ERRED CITYCL~.~iis, SC. E~~I;~l, IP~l. 'A55i:t3 CdUN7Y-C:rfY ef11LQINCy 227 w,JEF~~RSOPIBOEI4EVARD SfriJrN $ENp, III 46601 .• ~(~UT~'v~ ~~ x .,.. _ . ~ . .CkbS , PIiC1NE 574235.9216 F.4X 57d-295-J926 GITY QF SQUTN $~HD ST1rPHi;N.~. LUECIfIr: fIAAYt3R C)I<~tcl_ of AI~iNis-rr:Aricr>u & FtivANrCE ~iz~~ ~. Zl~~frAr~a, Ctnr Cot~rR~t~~.t=f~ August 1$, 2(#10 Mr. Derek Dieter, President South fiend Common Caunci! 4~' Floor County Gity Building 227' W. Jefferson Blvd. Sauth Bend, f N 4fi6fl1 ~~~~ ~~- 5~~~~ re: Urdinance Appropriating lUfonies fear the purpose of Defraying the Expenses of Severe.! Deparfrr~ents of the Civil City of South Bend for the fiscal year ending December 31, 2p11 Dear Council President Dieter: Attached herewi#h please find a bill for Gamrrsan Council consideration apprapriatfng monies for the City of South Bend for civil ci#y expenditures for the fiscal year ending Decx~rrtber 3i, 2011, The ordinance at#ached is submitted for 1~ read filing with the Common Council for the meeting scheduled an August 23, 2010. ! will present the aforementioned bill at the Common Council's appropRate Personal ~ Finance Committee meeting and at the pu#~I"~ hearing intended for September 2y, 2010. Respec ~ fy submitted, . ~~~ Gregg C. ientara cc: Stephen J. f,ueck+e, fl~ayar of the City of South Bend ttt ~.,N.....~._ a `.~ ~;.i~,.,~. ~: f r .' 1 ~,.~ 7 Ti 3 _ ., _ ,.. .. ,... 1 { ~1~~J ORDINANCE No. xxxx-x-xx AN ORDINANCE APPROPRIATING MONIES FOR TH!< PURPOSE 01= DEFRAYING TFiE EXPENSES 4F SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE f^ISGAf_ YEAR BEGINNING JANUARY t, 2011., AND ENI]ING DECEMBER 31, 2091, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THI= SAME SMALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order tv ap ropriate monies to defray the expenses of several departments of the Civil City of South Bend, ~ndiana for 2011. NOW, THEREI'ORf=, BE lT ORDAItVED BY THI" COMMON COUNCfL OF ThiE CITY OF SOUT~I BEND, INDIANA, AS FOLLOWS: SECTION I. Far the expenses of the Civil City Government, its various departments, funds, commissions, and institutions for fhe fiscal year ending December 31, 2Q91, the following sums of money, as set forth in the a#tached budget which is made a part hereof; are hereby appropriated and ordered set apart out of the funds hereinafter named, and for the purposes heretnafter specified, subject to the Laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by the laws, SECTION 11. Far the fiscal year ending December $1, 2099, there is hereby appropriated out of the Genera! Fund and from Funds ether than the General Fund, of said City to wit 02) Rainy Day Fund 03) Excess Levy Fund 01) Park and Recreation Fund D2) Motor Vehicle Highway Fund 03) Park Recreation Nan-Reverting Fund 09) S#udebaker Oliver Reverting Grants '10) Economic Development Grant Fund 11) Community & Economic f~evelapment Operating Fund 12} Community and Economic Development Fund 16) Police State Seizures Fund 97} Gift, Donation, Bequest Fund 18} Police Curfew ~ofations Fund ZO} Law Enforcement Continuing Education Fund 22) Central Services Fund 28) Liability Insurance & Premium Reserve Fund Z7) Loss Recovery Fund 49) Pubic Safety Local Option [ncome Tax Fund 50) General Grant Fund 51 Local Roads and Streets Fund 52~ Excess Welfare Distribution Fund 58} Human Rights -Federal Fund 7~E) East RaceVllatervsray 73 Morris PAC i Palais Royale Marketing Fund t8) Police Take Home Car Liability Fund 50) Police Block Grant Fund 3t} Economic Development Revenue Bonds Fund 38) E.M.S. Capital Improvement Fund 39) Hazmat Fund 39 } #ndiana River Rescue Fund ~2) Police Grants l=and 34) Regional Police Academy Fund ~5t COPS Mare Grant (299} Police Federal Drug Enforcement Fund {313) Hall of Fame Debt Service Fund (377) Professional Sports Development Fund (401} Coveieski Stadium Capital Fund (403) Zoa Endowment Fund (404) County Option Income Tax Fund {405) Park Department Non-Reverting Capital Fund (406) Cumulative Capita! Development Fund (407) Cumulative Cape#al Improvement Fund (408} Gounty Economic Development Income Tax Fund (409} Cumulative Sewer Fund (410} Urban Action Development Grant Fund (492) Major Moves Constructiarr Fund (495) Morris Performing Arts Center Capital Fund ,434) CRE© Fund 4v0) Palais Royale Historic Preservation Fund '855) Project Re~eaf Fund '677} Hall of Fame Capital Fund 701) Fire Pension Fund 702} Police Pension Fund 705) Police K-9 Unit Fund 711) Self-Funded Employee Benefit Fund 713) Unemployment Compensation Fund 730} City Cemetery Trust Fund SECTi(3N Ill. This Ordinance shall be in full force and effect from and after its passage by the Carnmon Council and approval by the Mayor. ~-.~. ~ ..M L. Member of the Common Council Attast: City Clerk -'~ 4~ y~'L i. .. ~ M1 d ~~.,, ~ ~C Tw7~~ .~.7`.~~ie3'.~ ~ti\a~bti J,~Si 9a4~ ~, ., ~~~ p Presented by me to the Mayor of the City of South Bend, Indlana on the day of , 2 , at o'clock , m. Deputy City Clerk Approved and signed by trre an the day of 2 at o'clock .m. 1st i2E/~D!NG ~' L ~ -t U FiJBLiC F-EEAi~1tJG 3 r:~ f.l:y'-..~:~IG l~'OT A,~PROYI;D RCFirP,kEO PASSE Mayor, City of South Bend, Indiana ' f ~ ~ / k ~ r a t` i ~ ~ mar ; . ~ , . , .. ~ ..... >_..~,,._,._,.. ,...~1 ... , f ,15r1 CfluNTY-CITY BUILallhl(3 227V1f. Jsl=~sol~ Bour~val3a Soul BEND, IW 486Q1 :Mr ~~ 1~+:~. ~ ~~ ~'~,~ .We PBAC~ ~ 1~~~ ,. p855 Pl~orrE 574-235-9216 FAx 574~i5-99ZB Cf7Y of Sour{ BEhtD STEPffEI~ J, I.UECfcE, AAAV'o~t OFFICE OF ApMfNISTRATf0~18s FINIAAICE GREGG O, aZIEN"1'ARA, CfTY ~ONTROf.LI=R August 18, 2090 Mr. Derek Dieter, President South Bend Common Council 4~" l=ioor County Gity Building 227 W. JefFerson Blvd. South Rend, IN 46601 ~~1~ 1~~ - ~~-tv re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Designated Enterprise 1=~rnds of the City of South Bend for the fiscal year ending becember ~1, ~0~ 1 Dear Caundl President Dieter: Attached herr~with please find a bill for Gammon Council consideration appropriating monies far the City of South Bend for enterprise fund expenditures figrtt>e fiscal year ending December 31, 2011. The ordinance attached is submitted for 1~ read filing with the Gammon Council for the meeting scheduled on August 23, 2x10. I wil! present the aforementioned bill at the Common Gauncif's appropriate Personal & Finance Committee meeting and at the public hearing intended for September 27, 2010. Respectively submitted, Gregg Zie ra cc: Stephen J. l.uecke, Mayor of the City of South Bead ~~ ~L~III ~~Y' f l~, c~. ,. 1, f ' ~~~y`'f Ordinance No. Bi11 No. -IO AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2011, 2012 and 2013 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Cade § 36-8-3-3, ~ (d), the South Bend Common Council, as the legislative body of a sccand class city is charged with establishing before September 30t~' the annual compensation of all members of the South Bend Police Department. Ordinance No. Bill No. -10 AN ORDINANCE OF THE COMMON COUNCIL OF ThIE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR. YEARS 2011, 20 i 2, 2413 and 2014 STATEMENT O]? PURPOSE AND INTENT Pursuant to Irrdia~aa Code ~ 36-5-3-3, ~ (d), the South Bend Camrnon Council, as the legislative body of a second class city is charged with establishing before September 34`x' the annual compensation of aII members of the South Bend Fire Department. COUNTY-CITY BUILf31NG 227 W. JEFFERSON BpiJLEVAR~ SOUTH BEND, IN 46fi0i PHONE 574-z35-s216 FAX 574-236-992$ CITY OF SOUTH BEN© STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER September 23, 2010 Mr. Derek D. Die#er President, South Bend Common Council 4cn Floor, County City Building South Bend, 1N 48601 ~. ~-t~ re: Substitute Bill Amending 58-10, Ordinance Fixing Maximum Wages of Teamster Employees for Fiscal year 2011 ^ear Council President Dieter: City Administration respectively presents the at#ached bill in substitu#ion of Bill No. 58-10 #a the Common Council fnr consideration and approval at the Common Council Meeting of September 27, 2010. The substitute version of Bill Na. 58-10 reflects minor language changes to reflect terminology that is consistent with language of the Collective bargaining Agreement, and includes an attachment detailing the wage rates far 2011. Mayor Luecke and I will be available to the Council at the committee meeting and at the public hearing scheduled for September 27, 2010 #o present this bill. We are available at any time as required by the Council members to discuss any matters related to this bill. Sincer y, t Gregg D. ientara cc: Stephen J. Luecke, Mayor of the City of South Bend enclosure{s) 2011 Teamster wage ordinance Schedule of 2091 Teamster wage rates F~~¢~ ~~ C~i~~!~'~ ~~~~~® S~p~3201D J^HN VCONC~E Cl?Y Cl<~,~K, ~C. 6Eti3,1N. Bill No. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEN®, INDIANA FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 209'1 STATEMENT OF PURPOSE AND INTENT This Ordinance sets far#h the monetary aspects of the tentative agreement reached between the City Negotiating Team and the Teamster's Negotiating Team an Wednesday, September 22, 2010. The overall guidelines used in this Ordinance are consistent with the overall negotiating criteria used for all City employees. This Ordinance is in the best interest of the City and the affected Teamster employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OE THE CITY OF SOUTH BEND, INDIANA, as follows: Section 1. Maximurr~ Compensation (a) The maximum amounts to be paid as compensation far Teamster employees for the City of South Bend, Indiana are hereby established as set forth in the attachment, which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly, wages are set and paid on a Bi- Weekly basis. Amounts by department and alphabetical position are set forth as weN as the hourly wage for each position. Section ll. Holidays, Vacations and Other Monetary and f=ringe Benefits Incorporated ~y Reference. (a} Holidays. Holidays for Teamster employees shall be as set forth in the Collective Bargaining Agreement, incorporated herein by reference. (b} Vacations. Vacation for Teamster employees shall be as set forth in the Collective Bargaining Agreement, incorporated herein by reference. (c) insurance. {1) Comprehensive IVlaior Medical Insurance ProgramlPreferred Provider Organization (PPO}, The City shall maintain a comprehensive major medical insurance program that all Teamster employees may participate in. {2) Short and Loney Term Disability. Short and Long Term Disability shall be as set forth in the Collective Bargaining Agreement and the City's Personnel Policies and Procedures Manual, as it may be amended from time to time, which is incorporated herein by reference. {3) Payment for Election to Leave Employer's Comprehensive Major Medical Insurance Program. The City shall pay one hundred and thirty dollars ($130) per month to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall oat be mandatory, and-the Employee who made such election may return to the City's comprehensive major medical insurance Program, provided that the conditions of the City's Comprehensive Major Medical lnsurance Program are met, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty dollars ($130} paymen# per month thereafter. (4} Life Insurance. The City shall provide term life insurance coverage in an amount not less than Fifteen Thousand Dollars ($15,000) for each Teamster employee. Such insurance shalt become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year, whichever is later. {5} Benefit Waiting Period. The City notes that life insurance, comprehensive major Medical lnsurance, and short term disability programs require a minimum of sixty (60} day eligibility period; and that the long-term disability program requires a minimum of a ninety (90} day eligibility period which Teamster employees must meet. (d) Other Monetary l=rrnge Benefits. All other fringe benefits shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time and the Collective Bargaining Agreement. If there is a conflict between Policy and the Bargaining Agreement, the Bargaining Agreement shall prevail. (e} Early Retiremen# Incentives. The Mayor shall have discretion to offer an early retirement incentive program that may take the form of a bonus upon retirement for years of service or assistance with health insurance far a retiree who isn't Medicare eligible. Such assistance shall oat exceed one {1) year. Any such bonus or assistance must be approved by the Mayor and Controller and are subject to appropriation by the Common Council before any such bonus or assistance may be paid. I.C. 5-10.2-3-1.2 permits employers to purchase one yearforeveryfive years of service for employees in PERF covered positions under certain conditions. The Mayor shall have discretion to offer such early retirement incentive program, pursuant to statute, after consultation with the Controller and after appropriation by the Common Council. {f} Definition of Full-Time Employee. l=ull-time employees are those employees who are not in a part time status and who are regularly scheduled. to work the City of South Bend's foil-time scheduled, forty (40) hours per week, or a reduced foil-time schedule of thirty-two (32) hours or more per week as approved by the Mayor on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subject to the terms and conditions and Limitations of each benefit program. (g) Definition of Part-Time Em to ee. Part-time employees are those employees who are not assigned #o a full-time status and who are scheduled to work less than the City of South Bend's full-time schedule, not to exceed one thousand forty (1040) hours per year. While they da receive certain mandated benefits (such as worker's compensation and social security benefits), they are not eligible for other Ci#y benefit programs. Section III. Effective Bate Attest: This Ordinance shall be in foil force and effect from and after its passage by the Common Council and approved by the Mayor. City Clerk 3 ~. ~~ n. 5~ ~~ ` ~~ ~` ~ Member of the Common Council D Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2010, at Approved and signed by me on the ~-13-"~~ 1 sr READING PUBLIC HEARING 3 rd READWG NOT APPROVFL~ REI=ERREt~ pASSEQ o 'clock .m. o'clock . m. Deputy City Clerk day of , 2E}10, at Mayor, City of South Bend, Indiana Fs~~•a K :~~,,s~s~ ~~tr ~~~~ ~','~'s~~~s ~E City of South Bend 2011 Wage ordinance Teanster Employees Ppsition fi~aximum laay Rate Levels as of: September 23, 2t11t1 2010 2011 % Position Title Rates $ Rates $ Increase Staff Positions: Group Leader- Traffic 8~ Li htin 16.70 16.70 D.0% Operations Technician 16.05 16.05 D.0% Sign Artist 16.81 16.81 0.0% Sign Artist -Job Leader jNEW] ~ _ 18.00 0.0% Si nal Technician I 16.63 116.63 "..~.p%° 5f~na1 ~ ecnnician n _ _ _ ..., ,, „ „__ 17.36 17.36 0.0% Signal Technician Il Job Leader 18.00 18.00 0.0% BUILDING MAINTENANCE Staff Positions: Building Engineer I3ufld~ng Maintenance 15.82 15.82 0.0% General Laborer Bldg Janitors 14.51 14.51 0.0% Maintenance Technician I {Bldg. Eng.) 18.52 18.52 0.0% ARK ANC) RECREATION DEPARTMENT Staff Positions: Arbonst 17.49 17.49 0.0% Arborist II 19.00 19.00 D.0% ArboristlWeed Control 16.81 16.87 D.0% Asst Greens Superintendent 17.86 17.06 0.0% Athletic f=ield Maintenance 15.92 15.92 0.0% Bldg Mtce -Custodian & Laborer 14.51 14.51 D.D% Bldg & Structural Maintenance l 18.32 18.32 0.0% Bldg & Structural Maintenance it jNEW] 19.00 19.00 0.0% Construe#ion Marntence 1 Carpenter f ~~ ~ ~~~~~~~~ ~~_ 17 75 17~~ .75 0.0°10 Construction Maintenance 1 Carpenter II 18.32 18.32 0.0% Construction Maintenance 1 Carpen#er III 19.00 19.00 0.0% Construction Main#ence 1 Mason 18.32- 18.32 O.D% Construction Maintenance 1 Welder 18.32 18.32 D.0% Dietician 15.14 15.14 O.D% Electrician -Park 19.00 19,00 0,0% Equipment Operator II -Park 15.74 15.74 D.0% General Laborer 14.61 14.51 0.0% Group Leader -Recreation 16.81 16.81 0.0% Group Leader -Street Island 16.81 16.81 0.0% Group Leader - Leeper 16.81 16.81 0.0% Group Leader -Plaza 16.81 16.87 0.0% Group Leader -Custodian 16.$1 16,81 0.0% Head Custodian 15.14 15.14 0.0% Hea Equipment Dperator I ,,,,,,,_- .-._.._ 17.06 17.06 0.0% Heav Equipment Operator II 17.49 17,49 ~~ 0.0% Job Leader jNEW] _ _ ... _. 17.97 17.97 0.0% Zoo Keeper --- - - 14.51 14.51 _.. 0.0% Zoo Keeper l0 15.30.......-~--- ....~.~.... 15.3 ~~.---~~ D 0.0% Zoo Keeper ffl 15.92 15.92 D.0% Zoo Keeper IV 16.81 _ _ 16.$1 0.0°10 Zoo Keeper 1 Grower 16.$1 16.81 D.0% Mechanic IV -Park -Garage 17.25 17.25 0.0% Mechanic IV -Park -Golf 17.25 17.25 D.D% Operator ( 15.29 15.29 0.0% Painter IV 17.25 17.25 0.0% Plumber IV -Park 19.00 19.00 0.0% Veterinarian Tech 17.49 17.49 D.0% Zoo Maintenance 15.92 15.92 0.0°10 2099 Salary Drdinance Teamsters 0.0%.xls Page 9 of 3 2017 Wage ordinance Teanster Employees Position Maximum Pay Rate Levels as of: September 23, 2010 2010 Position Titie Rates ~ STREET DEPARTMENT Staff Positions: Equipment Operator I Equipment Operator f l Equipment Operator 114 General Laborer Heave Equipment Operator I 15.29 15.83 16.45 2011 Rates $ 15.29 15.83 16.45 14.51 increase 17A6 17.06 DA% 0.0% O.D% 0.0% 0.0 Heavy Equipment Operator II 17.49 17.49 0.0% nPIVlENT sERVicEs Staff Positions: 8uifding Maintenance 15.82 15.82 0.0% Bod Repair IV 17.54 17.54 OA% Bod~Repair V _ 18.51 1$.51 0.0% General Laborer (Janitor 14.51 14.51 0.0% Machinist lV 17.54 17.54 0.0% Machinist V 18.51 18.51 O.D% Mechanic 111 16.73 16,73 D.0% Mechanic IV 17.53 17.53 O.D% Mechanic V 18.51 18.51 0.0% Parts Clerk I 15.78 15.78 0.0% Parts Clerk II 16.50 16.50 D.0% Parts Chaser 11.97 11.97 D.0% SOLID WASTE Staff Positions: Driver 16.43 16.43 0.0% Operator I 15.29 15.29 0.0°10 Operator 14 15.60 15.60 0.0% Equipment Operator IIR (Code) 18.07 16.07 0.0% Job Leader 17.97 17.97 0.0% Picker f 15.69 15.69 0.0% Picker 14 16.06 16.06 0.0% QRGANIC RESOURCES Staff Positions: Heavy Equipment Operator Heavy Equipment Operator I Job leader 18.25 General Laborer 14.51 14.51 D.0% JVASTEWATER Staff Positions: CSO Rep I 16.77 16.77 0.0% CSO Rep IE 17.49 17.49 0.0% Dewafer Operator 17.49 17.49 0.0% Operator I -Wastewater 15.9$ 15.98 0.0% General Laborer 14.51 14,51 0.0% Janitor 14.61 14.61 0.0°f° Lift 5fation -Rep 4 17.49 17.49 0.0% Lift Station -Rep it 18.22 18.22 0.0% Maintenance Electrician l 16.47 16.47 ~ ~ ~ 0 0% Maintenance Electrician II 16.81 16.81 0.0% Maintenance Electrician 111 18.22 18.22 0.0% Maintenance Electrician IV 18.95 18.95 0.0% Maintenance Electrician V 19.65 19.65 0.0% Maintenance Lead 20.39 20.39 0.0% Maintenance Repair I 16.77 16.77 0.0% 17.06 17.06 ~ 0.0°10 7.49 0.0% 2017 Salary prdir7arrce Teamsters 0.0%.xls Page 2 of 3 City of South Bend 2011 Wage ordinance Teanster Employees Position Maximum Pay Rate Levels as of: Septemi7er 23, 2010 . Position Title 2U1© Rates $ 2011 Rates $ Increase Maintenance Repair 11 17.49 17.49 0.0% Maintenance Repair ill 18.22 18.22 0.0% Maintenance Repair IV 18.95 18,95 0.0% Operator -General 17.49 17.49 0.0% Operator -Lead 20.39 20.39 0.0% Operator -Senior 18,22 9 8.22 0.0% Vperator ~-wastewater 15.98 15.98 0.0% Relief Operator ~ 16.05 .,...._,_ °~~ •••••________. 16.05 0.0% _Sanitation Operator(JanitorlWW) ~ 5.25 15.25 ,._, 0.0% SEWER DEPARTMENT ~..~..~- Staff Positions: General Laborer _Heavy Equipment Operator ! 17.06 17.06 OA% Job Leader 18.40 18.40 0.0% 15.29 15 15.83 15.83 Operator III 15.92 15.92 0.0% TER WORKS Staff Positions: Auditor I -Barg. 15.66 15.66 O.D% Auditor ii -Barg. 16.68 16.68 0.0% Auditor Ili -Barg. 1$.p4 18.01 0.0% Auditor IV -Barg. 18.38 18.38 OA% 16.15 16.15 Shu# off Clerk 14.46 14.46 0.0% Courier 1 Supply Clerk 15.90 ~ 15.90 O.D% Crew Chief 15.86 15.86 0.0% Customer Service ~ Billing 14.72 14.72 O.D% Data Processor 16.26 16.26 0.0% Engineering Aide Ili 1_7.31 ~., ... ~.__......_ 17.31 0.0% 1=ield Repairmanllnsp i 17.08 17.08 ..." ,~-_ 0.0% Field Repairman / insp li 17.31 17.31 0.0% _Field Repairman 1 insp III _ __ ___ 17.52 17.52 O.D% General Laborer 14.51 14.51 0.0% Group Leader -Water Works 17.25 17.25 0.0% Hea Equipment Operator 1 17.06 97.06 O.D% Heavy Equipment Operator it 17.68 17.68 0.0°/a Janitor 14.61 14.61 0.0% Job Leader 17.97 17.97 p.0% Machinist 17.31 17.31 O.D% ~ n o~ 14.92 Maintenance Tech I 15.88 15.88 0.0% Maintenance Tech 11 16.32 16.32 0.0% Meter Serviceman III 15.55 15.55 0.0% Meter Serviceman 1V 16.15 16.15 0.0% erator p 15.29 -29 15 0.0% Operator II 15.60 _ 15.60 0.0% Operator III 15.92 15.92 0.0% _Payment Processor -Lead _14.82 ~ 14.82 0.0% Utility Operator 14.63 14 63 -._~- ~~ 0.0% SCP 2 3 2D10 201? SafaryOrdinance Teamsters0.01.x1s [ `~ ~D;~si ep00n;y_ ~ Page 3of3 GOt1NTY-CITY BUELf]3NG 227 W.JEFFERSON BOULEVARQ SOUTH BEND, IN 466D1 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR ®FFICE OF I~DMIIVISTRATION & ~#NANCE GREGG ®. ZIENTARA, CITY CONTROLLER September 23, 201 D S w~ s~ PHONE 574-236-9216 FAX 574-235-9928 ;.1~ y~~ , ~ ~ ~ o Mr. Derek D. Dieter President, South Bend Common Cnuncii 4'h Floor, County City Building South Bend, IN 466D1 re: Substitute Bill Amending 59-70, Ordinance Fixing Salaries and Wages far Appointed Officers and Non-Bargaining Employees of the City of South Bend far Fiscal year 2011 Dear Council President Dieter: City Administration respectively presents the attached bill in substitution of Bill No. 59-1D to the Common Council for consideration and approval at the Common Council Meeting of September 27, 2D1D. Ali language included in this substitute bill remains consistent with all language as presented in the original filling afi Bill No. 59-10. The substitute bill now includes the schedule of "2D11 Salary Ordinance Non Bargaining Employees Positions Maximum Pay Range Levels", which has now been attached to the bill and as enclosed in this letter of transmittal. Mayor Luecke and I will be available to the Council at the committee meeting and at the public hearing scheduled for September 27, 2D10 to present this bill. We are available at any time as required by the Council members to discuss any matters related #o this bill. cc: Stephen J. Luecke, Mayor of the City of South Bend ~~~,~~ ~~ ~~t'~~' ~~€~~ enclosures} 2011 Salary ordinance o ~ ~ ~~~~ Schedule of 2D11 salary maximum ~~~ v~?Iti ~'G~=.r,~ ._, Bill No. ORDINANCE NO. AN ORDINANCE FfXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAWING EMPLOYEES OF THE CITY OF 50UTH BEND, INDIANA, FOR THE CALENDAR YEAR 2011 STATEMENT OF PURPOSE AND INTENT This Ordinance sets forth the maximum amounts to bepaid tanon-bargaining personnel employed by the City of South Bend for the calendar year 2011. Salaries will be paid pursuant to the budget approved by the Common Council. The budgeted number to be paid maybe less than the maximum amounts set forth herein. This Ordinance establishes such compensation for approximately all non-bargaining employees by specific position and title. The overall guidelines used in #his Ordinance are consistent with the overall negotiating criteria used for al! City employees. This Ordinance is in the best interest of the City and the affec#ed non-bargaining employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Maximum Compensation The maximum amounts to be paid as compensation for non-bargaining employees for the City of South Send, Indiana are hereby established as set forth in the attachment, which is incorporated herein by reference. The amounts se# forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly, salaries are set and paid on a Bi-Weekly basis. Section II. Holidays, Vacations and Other Monetary and Fringe Bene#its Incorporated by Reference (a} Hofidays. Holidays designated by the Board of Public Works shall govern non-bargaining employees for the calendar year 2011. The provisions of the Cit7~s Personnel Policies and Procedures Manual as it may be amended from time to time shall apply and are incorporated herein by reference. (b} Vacations. Vacation for non-bargaining employees shall be as set forth in the City's Personnel Policies and Procedures Manua! as it may be amended from time to time, incorporated herein by reference. (c) Family Leave. The Family and Medical Leave Act Policy is, hereby, incorporated herein by reference in its entirety. (d) Insurance. (1) Comgrehensive_Major Medical Insurance Program. The City chaff maintain a comprehensive major medical insurance program that all non bargaining employees may participate in under the rules and guidelines of the plan document. All employees receive a copy of a plan document each year. (2) Short and Lang Term. DisabifitV. Short and Long Term Disability shall be as set forth in the City's Personnel Policies and Procedures Manual, as it may be amended from time to time, which is incorporated herein by reference. (3} Pa ment far Election to Leave ivm to er's Com rehensive Major Medical Insurance Program. The City shall pay one hundred and. thirty {$130) per month ($65 biweekly) to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes na contribution, This election shall not be mandatory, and the Employee who made such election may return to the City's comprehensive major medical lnsurance program, provided that the conditions of the City's Comprehensive Major Medical Ensurance Program are met, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty {$130) payment per month thereafter. (~) Life lnsurance. The City shall provide term life insurance coverage in an amount not less than Fifteen Thousand Dollars ($i5,QQQ) far each employee except far Police and Fire which are at set forth in the collective bargaining agreement. Such insurance shall become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year, whichever is later. (5} Benefit Waiting Period. The City notes that life insurance, comprehensive major Medical Ensurance, and short term disability programs require a minimum of sixty (6Q) day eligibility period; and that the long-term disability program requires a minimum of a ninety {9Q} day eligibility period which must be met. {e) Hiring Bonus. The Mayor, may, at his/her discretion, offer a Firing Bonus to a new employee as an incentive for the employee to accept the position offered. This Bonus wilt be paid to the employee in addition to the salary se# forth in the Salary Qrdinance. The range at these monetary bonuses will be from one hundred ($1 QQ) to five thousand ($S,OOQ). {f} Performance Bonus. The Mayor, at his/her discretion, may compensate employees with a salary bonus far exceptional performance. This Bonus wilE be paid to the employee in addition to the salary set forth in the Salary Ordinance. Such bonus shall range from one hundred ($1 QQ} to ten thousand ($1 Q,QQQ}. (g} Police Communication Employees. Employees working in the communications area of the Police Department will be paid stand-by beeper pay as follows: one hour of straight time pay will be paid to one employee tv cover each shift each day for the one hour immediately preceding the shift change. (h} Allowances. {1) Auto Allowances. At the Mayor's discretion an auto allowance may be offered to city employees in lieu of a City issued car. The allowance may range from one ($1) to five hundred ($5QQ) dollars per month. (2) Cell Phone Allowance. At the Mayor's discretion an allowance for the business portion of an employee's cell phone may be provided to those employees whose position and job responsibilities require the ability to communicate outside of city premises or after normal city working hours. The allowance shall not exceed one- hundred ($1QQ} per month. (i) Early Retirement tncenti~es. The Mayor shall have discretion #o offer an early retirement incentive program that may take the form of a bonus upon retirement for years of service or assistance with health insurance for a retiree who isn'# Medicare eligible. Such assistance shall not exceed one (1) year. Any such bonus or assistance must be approved by the Mayor and Controller and are subject #o appropriation by the Common Council before any such bonus or assistance may be paid. I.C. 5-74.2-3-1.2 permits employers to purchase one year for every five years of service for employees in PERF covered positions under certain conditions. The Mayor shall have discretion to offer such early retirement incentive program, pursuant to statute, after consultation with the Controller and after appropriation by the Common Council. {j} Other Monetary Fringe Benefi#s. All other fringe benefits shall be asset forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time. Section lll. Employee Definitions (a} Full-Time Employee. Full-time employees are #hose employees who are not in a part time status and who are regularly scheduled to work the City of South Bend's full-time scheduled, forty {a4} hours per week, or a reduced full-time schedule of thirty-two {32} hours or more per week as approved by the Mayor on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subjec# to the terms and condi#ions and limitations of each benefit program. (b} Part-T_i_me Employee. Part-time employees are tflose employees who are not assigned to a full-time status and who are scheduled to work less than the City of South Bend's full-time schedule, not to exceed one thousand fatty (1444} hours per year. While they do receive certain mandated benefits (such as worker's compensation and social security benefits}, they are not eligible tar other City benefit programs wi#h the exception of the posit'sans listed below: All Attorneys employed in the City Attorney's Office in part-time positions as well as all elected Council members, are eligible for participation in all of the Employer's Benefit Programs. Section lV. Policies and Procedures Manua! Availability Two {2} copies of the City's Personnel Policies and Procedures Manual and the Fam ily and Medical Leave Act Policy shall be kept on file and made available for public inspection during regular hours in the of#ice of the City Clerk an the 4th Floor of the County-City Building, South Bend, Indiana. Section ~. Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. ~~ ~~~. i~ ~~ . !;~ ~ o,,,.~.,~ Member of the Common Council i. s~~ ";i ,~.~i ., 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. ©eputy City Clerk Approved and signed by me on the day of , 2010, a# O `ciock .m. Mayor, City of South Bend, Indiana ~-i3°~~ P~BLtG SEARING 3rd REgDtNG f447 APPROYFf~ RErt:RRED , PA551 .~;:~.;.. -,-._...----~- ~ r. r Ft~~'~~ ~~ ~~~'~,~';d ff 5~.~ ~ 3 ~.O~Q ~~~~~tri1c~~~ta .^I;ly .. 20f 7 salary ordinance non 6arga7n i.5% irrcrease.xls Page i of 4 City of South Bend 2011 Salary Ordinance Nan Bargaining Employees Pos-`tion Nlaxitnum Pay Range Levels as of: September 23, 2010 Org Position FL.5A 2D1D 2D11 Ref Code Position Tille Status Sala Sala i Weekly 20'11 Sala norease ote s Finance NEN8-B-3 Financial S ecialist Senior NE 48,077.OD 48,802,OD 1,877.00 i.5% Finance NENB-C-2 Human Resource Administrator NE 29,574.D0 3[1,030.00 1,155.06 1.S% Finance ENB-B-3 Human Resources S ecialist Exem t 42,056.00 42,692A0 1,642.00 1.5% Finance NENB-B-2 ITS stem 5 ecialist fl N>= 48,086.OD 48,828.00 1,878.00 1.5% Finance ENS-B-2 ITS tem 5 ecialist Ill Exem t 51,149.00 51,922.00 1,997.40 1.5% Finance ENB-B-2 ITS stem 5 ecialist IV Exem t 56,13A.Op 56,992.OD 2,192.00 1.5% Finance ENB-A-5 Pa roll Administrator Su ervisor Exem t 37,976.00 38,558.OD 1,483.DD 1.5% Finance ENB-8-2 Pro yammer Anal Stl Exem t 40,827.00 41,444.DD 1,594.00 1,5°/a Finance ENB-B-2 Pro rarr€merAnal t II Exem t 42,577A0 43,238.00 1,663.OD 1.6% note 2 Finance ENB-B-3 Public Works Safet Coordinator Exem t 44,03$.DD 44,72D.D0 1,720.00 1.5% Finance ENB-A-4 Purehasin Mana er Exem t 56,744.00 57,616.OD 2,216.00 1.5% Finance ENB-A-4 Safer & Risk Mana er Exem t 48,170.00 49,062.fl0 1,887.OD 1.9% note 7 Fire NENB-B-2 Preventative Maintenance Coordinator NE 36,665.00 37,232.00 1,432.D0 1.5% Hri hts ENB-A-2 Director Human Ri hts Exem t 53,186.DD 54,002.00 2,077.06 1.5% Hri hts ENB-B-3 Intake0ff4cerllnvesti ator Exem f 31,014.86 32,50D.00 1,250,00 4.8% note8 Hri his ENB-B-3 Investi ator It Exem t 35,543A0 36,088.00 1,388.00 1.5% Hri his ENB-B-3 imesti atorlV Exem t 40,073.00 40,69D.00 1,565.00 1.5% Hri tits ENB-B-3 Investi atorV Exem t 42,053.00 42,692.00 1,642.D0 1.5% L al ENS-B-1 Assistant Cit Attome Exem t 67,143.OD 68,172.OD 2,622.00 1.5% Morris NENB-A-3 Assistant Box Office Mana er I NE 30,120.00 30,57fi.OD 1,176.D0 1.5% Morris NENB-A-3 Assistant Box Office Mana er II NE 33,671.00 34,196.00 1,315.46 1.5% Morris ENB-A-3 AssistantDirectnrAdministration&Marketin Exem t 45,276.D0 45,968.00 1,768.00 1,5% Morris ENB-A-3 Assistant Director Even# Bpokin 0 erations Exem t 42,864.OD 43,524.00 1,674.00 1.5% Morris ENB-A-3 Assistant Director PAC Finance Exem t 43,936.60 44,6?6.6D i,7?6.60 1.5°Ja Morris ENB-A-3 Assistant Facilit O eraiions Mana er Exem t 31,620.DD 32,11D.OD 1,235.00 1.5% Morris ENB-A-4 Box Office Mana er Exem t 37,083.00 37,648.00 1,448A0 1.5% Morris NENB-B-2 Custodian NE 22,152.00 22,490.00 865.66 1.5°/a Morris NENB-B-2 Event Service Technician I NE 24,449.D0 24,83D.00 955.gD 1.6% note 2 Morris- ENB-A-4 Facilit O eraiions Mana er Exem t 47,755.00 48,490.D4 1,865.00 1.5% Morris ENB-A-4 Technical Sta a Mana er Exem t 36,435.00 36,998.00 1,423.OD 1.5% Parks NENB-B-3 Academic Coordinator Black Center NE 31,337.80 31,824.00 1,224.00 1.6% note 2 Parks NENB-B-3 Academic Coordinator Ksn Center NE 35,623.00 36,166.OD 1,391.66 1.5% Parks ENB-A-3 Assistant Director Administration &Marketin Exem t 45,276.00 45,968.04 1,768.D0 1.S% Parks ENB-A-3 Assistant director Recreation Exem t 50,219.00 50,986.00 1,961.00 1.5% Parks ENB-A-3 Assistant Facilit O erationsMana er Exem t 31,620.46 32,1iD.00 1,235.D0 1.5% Parks NENB-B-1 Assistant Galf! Pro Sho Mana er NE 40,337.D0 40,950A0 1,575.40 1.5% Parks ENB-A-5 Ath4etlc Su ervisor Exem t 39,541.OD 4p,144.p4 1,544.DD i.5°1o Parks ENB-A-5 Center Su ervisor Exem t 39,541.00 40,144.Oq 1,544.00 1.5% Parks ENB-B-1 Club Pro Munici ai Golf Course Exem t 44,580.00 45,266.OD 1,741.6D 1.5% Pworks ENB-8-2 De artmental S tem 5 ecialist Exem t 42,351.Ofl 43,004.fl0 1,654.00 1.S% Parks ENB-A-2 Director Admirtfstrative Services Parks Exem i 55,864.00 56,706.00 2,181.DD 1.5% Parks ENB-A-2 DirectorGolfO erations Exem t 65,864.D0 66,706.00 2,181.00 1.5% Parks ENB-A-2 Director of Develo menf Exem t 55,322.00 Sfi,160.D0 2,160.00 1.5% Parks ENB-A-2 Director of Marketin lf, Promotions Exem t 49,502.00 5q,258.06 1,933.00 1.5% Parks ENt3-A-2 Director Recreation Exem f 61,483.OD 62,426.Oq 2,4D1.OD 1.5% Parks ENB-A-2 Director Zoo Exem 1 55,822.60 56,680.00 2,18p.66 1.5°/° Parks ENB-A-5 Fitness Su ervisor Exem t 39,541.D0 40,144.Ofl 3,544.pq 1.5% Parks ENB-A-5 Foreman V Exem t 41,829.00 42,458.00 1,633.00 1.5% Parks ENB-B-1 Forestor Exem t 51,733.00 52,52D.DD 2,020.06- 1.5% Parks ENB-B-1 General Zoo Curator Exem t 46,079.DD 46,774.66 1,799.D0 1.5% Parks ENB-A-4 Golf CourselRink Mana er Exem 1 49,62D.D0 50,388.D0 1,938.60 i.5% Parks NENB-B-1 Greenskee er NE 4fl,337.OD 40,950.00 1,575.D0 1.5°/a Parks ENB-A-5 Health Seniors Su ervisor Exem t 33,979.00 34,502.00 ?,327.OD 1.5% Parks ENB-A-5 Maintenance Su erintendent Exem t 55,864.D0 56,706.00 2,181.00 1.5% Parks ENB-B-f Marketin and Education Curator Exem t 37,865.00 38,376.00 1,476.00 1.5% Parks ENS-B-1 Nature€ist Exem t 32,252.00 32,76D.OD 1,26D.00 1.6% note 2 Parks NENB-A-4 Office Mana er NE 32,424.D0 32,916.06 1,26fi.00 1.5% Parks ENB-A-4 O erations Mana er Exem t 57,083.1)6 57,954.OD 2,229.06 1.5°/a Parks ENB-A-5 O erations Su ervisor Exem t 52,211.00 53,014.D0 2,039.00 1.5% Parks NENB-F-1 Park Police It NE 31,596.00 32,084.00 1,234.OD 1.5% Parks NENB-F-1 Park Police Su ervisor NE 37,5D6.6D 38,064.06 1,464.60 1.5% Parks ENB-A-S Pro ram Su ervisor Exem t 39,541.DD 4D,144.00 1,544.40 1.6% Parks ENB-A-4 Pro'ect Mana er Exem t 47,289.D0 48,022.66 1,647.00 1.6% note 2 Parks ENB-A-5 Rum Villa a Center Su ervisor Exem t 36,622.00 37,180.00 1,43D.OD 1.5°/a Parks NENB-B-3 S eciaf Events Assistant NE 35,906.00 36,452.OD 1,402.D0 1.5°/a Parks ENB-A-5 S ecial Events Su ervisor Exem t 38,562.OD 39,156.00 1,5D6.00 1.5% Parks ENB-A-5 Su erintendem II Exem i 44,211.60 44,876.00 1,726.40 1.5% Parks ENB-A.5 Su erintendent 111 Exem t 45,fi51.gD 46,358.OD i,783.D4 1.5% Parks NENB-B-3 Violence Prevention Coordinator I NE 31,337.OD 31,824.06 1,224.OD 1.6% note2 Parks NEN8-B-3 Violence Prevention Coordinator II NE 35,096.00 35,646.Op 1,371.D0 1.6% note 2 21111 salary ordinance non bargain r.5% increase.xls Page 2 of 4 City of South Bend 2011 Salary Ordinance Nan Bargaining Employees Position Maximum Pay Range Levels as of: September 23, 2Q1A Org Position FLSA 2010 Re# Code Position Title Status Sala 011 Sala i Weekly 2x19 Saia ncrease Note s Parks NENB-B-3 Yvuth S orts Coordinator NE 31,337A0 31,824.00 1,229.00 1.(i% note 2 Parks ENB-A$ Youth Su ervisor Exem i 39,541.00 40,144.00 1,544.90 i.5% Parks i=NB-8-1 Zoo Veter'snarian Exem t 53,$76.D0 54,496.Dfl 2,086.00 1.5% Police ENS-A-3 Assistant Directar Communication Center Exem t 49,185.D0 44,850.OD 1,725.00 1.5% Police NENB-F-1 Clerk Terminal Operator NE 25,9$4.00 25,390.00 1,015.OD 1.6% note 2 20f t salary wtTinance non Gargafn 1.5%increase.xfs Page 3 of Q City of South bend 2011 Sa lary Ordinance tVon Bargaining Employees Position Maximum Pay Range Levels as of: September 23, 2410 Bi Weekly Org Pnsition 1=LSA 2010 2011 2011 Ref Code Pnsition Title Status Sala Sala 5aia Increase Note s Pwnrks ENB-B-3 Project Ins ector 11 Exem t 45,819.00 46,514.{)0 1,789.00 1.5°/n Pwnrks ENB-A-4 Public Cvnstrvctian Nsana er Exem t 58,939.00 59,826.D0 2,301.DD 1.5% Pwnrks NENB-B-2 Quali Assurance Distribution Technician NE 37,101.00 37,674.00 9,449.00 1.5% Pwnrks NENB-B-2 Qualit Assurance Treatment Technician NE 39,729.OD 40,326.00 1,551.00 1.5% Pwnrks NENB-B-2 Radio Technician I NE 42,193.44 42,848.00 1,648.00 1.6% note 2 Pwnrks NENB-B-2 Radio Technician III NE 46,865.00 47,580.00 1,830.00 1.5% Pwnrks NENB-B-3 SCADA Instrument 5 ecialist NE 49,611 AO 50,362.00 1,937A0 1.5% Pwnrks NENB-B-3 Senior CADS ecialist NE 43,015.04 43,680.00 1,680.00 1.5% Pwnrks NENB-B-3 SeniorGlSS ecialist NE 44,464.00 45,136.00 1,736.Ofl 1.5% Pwnrks NENB.g-3 5 eclat Project Ceordir~ator II NE 43,334.D4 43,992.40 1,692.OD 1.5% Pwnrks ENB-A-S Su erintendent It Exem t 44,211.00 44,876.00 1,726.00 1.5% Pwnrks ENB-A-S Su erintendent 111 Exem t 45,651.00 46,358.40 1,783.00 1.5% Pwnrks ENB-A-S Su erintendent V Exem t 50,097.00 5D,856.Ofl 1,956.00 1.5% Pwnrks ENB-A-4 Traffic & Li htin Artana er Exem t 54,854.00 55,692.00 2,142.00 1.5°1° Pwnrks ENS-B-2 Utilities S tem S eclatist Exem t 49,042.flD 49,790.00 1,915.00 1.5% Pwnrks NENB-B-2 Utilit Locator NE 37,469AQ 38,038.00 1,463.04 1.5% Pwnrks NENB-6-3 Water Qualit Specialist NE 54,982.00 51,766.44 1,991.00 1.5% Pwnrks NIwN6-B-3 Water Treatment O erator PF NE 40,303.OD 40,924.00 1,574.D4 1.5°/ Part-Time Positions Receivin Benefits CED ENB-O-4 CED Project Coordinator Exem t 35,739.D0 36,296.04 1,396.00 1.6°!° Hate 2 Le al ENB-D-1 ChiefASSistantCit Attome Exem t 41,295.00 41,938.D0 1,613.00 1.6% note2 Le al EN8-D-1 Cit Attome Exem t 55,522.40 5&,368.00 2,168.00 1.5% Le al ENB-D-1 be ut Ci Attome III Exem t 35,460.04- 36,010.00 1,385.00 1.6% note 2 Le ai ENB-D-1 Da ut Cit Attorne IV Exem t 45,492.00 46,176.OD 1,776.00 1.5% Note(sj fncrease in the osifion maximum com ensativn ?.5% note f fncrease to reflect compensation commensurate with job duties and responsibilities as Secretary of Board(s) of Public Works & Public Safety (position salary maximum set equal to Chief Deputy Giry Clerk) note 2 Increase above 1.5% result of mathematfca! rounding of bi-weekly compensation note 3 New positron title, formally Director Economic Development, to reflect title and compensation commensurate with job duties as Deputy Director Community & Economic Development note 4 New positron title In fiscal 207 f, Planner SeRior,adding new fop end job level in CED Planner progression ladder note 5 New position title in fiscal 20f 1, Property & Collection Manager, change to reflect job title consistent with job duties and responsibilities note & New position Ntie in fiscal 2011, Auditor/Reengineering Project Manager, change to reflecf job title consistent with job duties and responsibilities (formafly titled Internal Auditor} Position currently vacant. note 7 Safety & Risk Manager increase to reflect compensation commensurate with job duties and responsibilities note 8 Numan Rights Intake Officer/lnvestfgatorfncreasa to refect compensation commensurate with jv$ duties and responsibilities note 9 New positron !n fisca12011, Crime Lab r=firearms Examiner in the Civilian Police workforce note 10 lncrease to reflect compensation commensurate with job duties and responsibilities as CSO Operations Manager in the Wastewater Utility note 11 lncrease to reflect compensation commensurate with job duties and responsibilities as Division Director Wastewater Ufifity ~ Prepared by: City of South Bend -..~..., ~,_. „~`„-,~ v,, ,,~, Office of Finance & Administration 1 r1 ~ ~ ~f ~ } ~3f}1ri Lt114i 0 Date of Document 5unmission to City of South Bend Office of the City Clerk: September 23, 20 ` _Y ~.... _ ~.~. 2gf i salary ordinance npn bargain f.5% increase-xis ~ Page 4 of Q RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 901 (Lot Z) and 909 (Lot 1} 1lTorth St. Peter Street AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A {5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Snyder C'ustoYn Homes, Incorporated WHEREAS, the Comman Council of the City of South Bend, Indiana, has adapted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 901 (Lot 2) and 909 (Lot 1) North St. Peter Street (old consolidated address is 727 East Corby Street), South Bend, Indiana, and which is more particularly described as follows: Lot I and Lot 2 as shown the same and designated on the Plat of Snyder's Corby Street Minor Subdivision as in the Office of the Recorder of St. Joseph County, Indiana; and this property which has the old consolidated Tax Key Number of O15-5107-3766, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et sue., and South Bend Municipal Code Sections 2-76 et sea.., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1. i -12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections frarn interested persons; and WHEREAS, the Council has determined that the qualif cations for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Comman Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-1.2:1 et seq., for tax abatement. SECTION I1. The Common Council hereby determines and finds that the area meets one of the fallowing conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1 } ar two (2} family dwellings designed far up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-l . l -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana ar the United States; or G. The area (plus any areas previously designated under this subsection} will not exceed ten percent { 10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards far such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards far habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five {5} calendar years from the date of the adoption of this Resolution by the Common Council. z SECTION IV. The Common Council hereby confirnns its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article b, of the Municipal Code of the City of South Bend and Indiana Code 6-1,1-12.1 e seQ. SECTION VI, This Resolution shall be in full force and effect from 'and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council K.•~~ 4 Ek~ ~~ P .. NDT AP~RQY~EA ~DQPTf~ 3 ~~~~~ ~n ~l~~k'g ~$~~GI~ ,~ns~~7a'dCY~7RCE C1'f'f GL~s'~t'•~, ~G. E~~'D,1N. 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 1400 i~VEST RIVERSIDE DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A {5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE C®MPANY, LLC and AFFILIATES and EQUIPMEll1T LESSORS 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 1400 West Riverside Drive, South Bend, Indiana, and which is more particularly described as follows: Beginning at the Southeast corner of the Southwest '/s of said, section 3S; thence South 89 49' S2" West (bearing assumed) along the South Iine of said section, 308.97 feet; thence North 89 SS' DO" West, I 15.24 feet; thence North 00 00' 27" Wes#, 12.00 feet to the North line of a 12 foot alley; thence North 89 55' 00" West along said North line of alley; the Bast line of Kessler Boulevard, 128.00 feet South 89 SS' 18" East of the Northeast addition to the City of South Bend recorded April 6, 1906 in the Plat Book 0, pages 30 and 31; thence South 89 5S' 18" Bast along the South line of King Street, 352.84 feet; thence North QO 00' 27" West, 194.85 feet to a point the centerline of the East and West 14 foot alley between King Street and McCartney Street produced East; thence North 00 06' 09" East, 128.81 feet; thence North 84 46' 49" East 287.05 feet to the Westerly line of Riverside Drive; thence South 16 37' 15" West along a chord subtending said Westerly line of Riverside Drive, 455.43 feet to the South line said section 35; thence North 90 00' QO" West along said South line, 15G.71 feet to the point of the beginning. Commencing at the Southeast corner of the '/a of said section 3S; thence North 00 00' 30" West (bearing assumed} along the least line of said Southwest '/a a distance of 463.14 feet to the Point of Beginning for the following described tract; thence continuing North 00 00' 30" West along said East Iine 336.00 feet to the South line of Queen Street; thence South 89 S6' 09" West along said Snuth line of Queen Street 176.60 feet, thence North 00 02' 36" last. 195.00 feet to the centerline afthe East and West 14 foot alley between Kinyon Street and Queen Street; thence South 89 S6' 09" West along said centerline of alley, 131.27 feet; thence South 00 OS' 09" West along the East lime of Lot 14S in the Third Plot of Northwest Addition recorded March 7, 1907 in Plat Book 9, page 60 in the Office of the St. 7nseph County Recorder and its Northerly and Southerly extensions, 195.00 feet to the South line of Queen Street; thence South 89 56' 09" West along Allen Street; thence South 00 OS' S 1" West along said East Iine of Allen Street, 329.87 feet to the South Iine of McCartney Street; thence South 89 58' 27" East along said South line of McCartney Street, 12.91 feet; thence South 00 06' 09" West 6.1 l feet; thence North 89 56' 09" East 308.71 feet to the Point of Beginning. and which has Tax Key Numbers 018-2110-4055 and 18-2110-4067 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et secs., and South Bend Municipal Code Sections 2-76 et seg., and; WHEREAS, the Department of Cnmmunity 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 sue., and South Bend Municipal Cnde Sections 2-'76, et sey., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by Iaw; 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 qualif es as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION L The Common Council hereby determines and f nds pursuant to Indiana Cade 6- i .1-12.1-4.5 et sec ., that: a. The estimate of the cast 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 ar whose employment will he 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 ar 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 IL 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 Benefts as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefts form completed by the petitioner, said farm being prescribed by the State Board of Accounts, are suff cient to justify the deduction granted under Indiana Code 6- I.1- 12.1-4.5. 2 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 far 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 (5) five 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 an the proposed canf rming of said declaration. SECTION VII. This Resolution shall be in full farce and effect from and after its adoption by the Common Council and approval by the Maynr. Member of the Common Council ~~~r•ry, 3g~ 'h '4~ i~x. C x~~ VJ i~t rt~ Py{~ ~: q L~ ~cacNtED a ' ~`'~ ~01 rirC7~V~ AfloP7~• ~ 3 E ~~ s '~~. s.a' s k s ire ~ ~, ~ [ I J LV~U ..LF!I~~ •rE ~-~r fi !'.~.. ~ r. v~ pod. September 2, 2010 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Camman Council 4th Floor, County City Building South Bend, FN 46601 RE: Persona] Property Tax Abatement Petition for: STEEL '~'AREII-I®USE COMPANY, LLC and AF'F'1LIAT"ES and E~UI[PMENT LESSORS ~1400'VV. Riverside Dr. ) Dear Council Member Rouse: Please f nd attached the Department of Community & Economic Development's report an a personal property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls far the acquisition and installation of various kinds of metal working equipment to be located at ,1400 West Riverside Drive. The report contains the Department's findings relative to the above petition. The total cost for the equipment is estimated at between $2,400,000 and $3,000,000. The project meets the qualifications for a (5} five-year personal property tax abatement and a representative from Steel Warehouse Company will be available to meet with the Committee on Monday, September 27, 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 235-9278. Sincerely, Kathy 1-lahn Economic Development Specialist Attachments ce: Sau€th Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks ~'A~ATEM~N~ I~~'l~®I~T TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUB3ECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: S'T`EEL WAREHOUSE CO., LLC and AFIFIIL)IATES and EQUI(PNTENT LESSORS ()I400 W Tiverside I)r. ) DATE: September 2, 2010 On September 1, 2010, a petition for personal property tax abatement consideration far property located at 1400 West Riverside Drive was filed with the City Clerk by Steel Warehouse Company, LLC. Pursuant to Chapter 2, Article 5, Section 2-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development far purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1. I -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 Steel Warehouse is a steel service center focusing an flat rolled, Tow carbon steel, with operations involving slitting, leveling, pickling, temper rolling, shearing and cold reducing, The company also supplies profiling gaits using its plasma and laser cutting operations. In connection with its operations the company takes substantial positions in steel products for future sale and marketing of same to its customers. Under the proposed project Steel Warehouse will add laser cutting and material handling capacity for its existing and expanding customer base. South Bend Common Council RE: Tax Abatement for Steel Warehouse Company, LLC September 2, 2010 Page 2 The total estimated cost of the equipment is $2,400,000 to $3,000,000. Depending on the final value of the equipment to be procured total taxes to be abated during the (5} five-year abatement period are estimated to be between $55,746 and $77,809. Total additional taxes to be paid as a result ofthe project during the five-year abatement period are estimated to be between $163,197 and $203,997. EMPLOYMENT )IMPACT Per the petition, it is estimated that the project will create seven (7} to nineteen (19}new, permanent full-time positions with an annual payroll of $212,700 to $582,864. The project will also maintain four (4} existing permanent full-time positions with a total annual payroll of $133,120. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has been granted or been associated with the previous tax abatements listed below. 1n addition, at this tune the company is also petitioning for a personal property tax abaterrrenfi at its 2722 W Tucker Dr. location, Term/Type Resolution No. Date 5 year personal property 1169-84 June 25, 1984 S year personal property 1432-86 Sept. 8, 1986 5 year personal property 1674-88 Nov. 28, 1988 0 year real property 1964-92 July 27, 1992 5 year personal property 1965-92 July 27, 1992 10 year real property 2157-94 July 11, 1994 5 year personal property 215$-94 July 11, 1994 10 year real property 2371-96 June 24, 1996 5 year personal property 2372-96 June 24, 1996 10 year real property 2496-97 August 25, 1997 5 year personal property 2495-97 August 25, 1997 5 year personal property 2714-99 March 22, 1999 10 year real property 2798-99 4ct.11, 1999 5 year personal property 2896-00 June 26, 2000 10 year real property 2895-00 June 26, 2000 S year personal property 3035-01 Sept, 24, 2001 South Bend Common Council RE: Tax Abatement for Steel Warehouse Company, LLC September 2, 2010 Page 3 10 year real property 3036-01 5 year personal property 3380-04 S year real property 3 3 81-04 5 year personal property 3382-04 S year personal property 3791-07 S year personal property 3792-07 S year personal property 3793-fl7 S year persona] property 3995-09 Sept. 24, 2001 Sept. 27, 2004 Sept. 27, 2004 Sept. 27, 2004 Sept. 24, 2007 Sept. 24, 2007 Sept. 24, 2007 Oct. 26, 2009 2. The Building Commissioner has reviewed the petition anal fords 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 not located in any Tax Incremental Allocation Areas; therefore, no action is required by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 939.4-03 f nds that the petitioner meets the qualifications far a (S) eve-year personal property tax abatement under section 2-84.2, Tangible Personal Property Tax Abatement for the 1400 W Riverside Drive location. 0 0~ om,,, 0 0 0 0 o Ch 01 O O O p t V O A O o0 O O m a0 rD h O N [o Oi N N E N O O N h ~ h M M O M ~^ ~ n T W ~ w GA r Op ~ ~ : ~ ~-- Lt7 1.{) 1{) ~- t^ ~ a^- - .. ~- In d w C o o~ ~ e' ooo ° o o rnrn 0 ° o rno o m ~:a aocoooo m Q ° ~ M~ v N rn o° n _ rn ~o ' ~ oo ~ cpc p c ~~r Z~'d i N ~ v ao h° ~n ~ cn ~ ui r oa ui _ _ o N oo ui rn ~ ~ ` ° m ~ € `- cD u~ c~ ~n cp co cfl ~fi e ~ ~ v r ~ a o M M N O ~ ~ O Q Q OD O O O o 0 0 OD IX? O 0 O Ch O OD CO 01 V7 ~~ M l1] A N N ~ ~ t- 00 ~^ ~ OO 'V W~ N rn p ap r O CO O N C O iV op N U3 ~ ~f7 ~ X 0 0 rp O 0 o N ED CZ ~ yN,. 0 0 0 0 O 00 O O o0 a tp (D O CO O Q 0 0 f0 d? ~ L7 6] O Fn IX} ~ N Ql O N 1` C3'f SO CO ('7 O b N m Q ~ S4 ((~ V h O ~. 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Steel Warehouse hereby submits its application for Personal Property Tax Abatement in connection with a project to add new equipment having a value of approximately $2.4 to $3.0 million. Steel Warehouse believes that the project will create between 7 to 19 new full-time jobs within the first year, representing a new annual payroll of $212,700 to $582,864.$ and will maintain at least four (4) existing permanent full-time jobs with an annual payroll of $ l 33,120. Steel Warehouse Company LLC is a steel service center with a primary focus on flat rolled, lour carbon steel and steel plate. Its operations involve slicking, leveling, pickling, shearing, temper rolling, cold reducing, and laser and plasma cutting. The proposed project will allow Steel Warehouse to add laser cutting capacity for its existing and expanding customer base. The project qualifies for five (5) year Personal Property Tax Abatement under standards established for tax abatement by~the City Council. We respectfully request your favorable action on our petition. + Would you please acknowledge re ' fof undersigned the annexed copy of th' :~.`A`~stat kA ., convenience. ~`' ~; _ .`` ~~ ~ ~ ~~ ~Y ~~ . ~~ ~,.'~ .~. ~ ,,: ~, 1 -S~ - ~~ <,.t, ~l~r~~yp'rJ . '.~ /'~( 'd GLad ~~~ `'' ~~ above by stamping and returning to the d self addressed envelope is provided for your Very truly yours, ~~ ~P.~ t-. ~~a Gerald F. Lerman rtate~ ~+«~A p~ W' p ®~ gry~~+ ®pg ~yta ~, ~~j BM®®~~~++~tYpp1 ~~~pp1~T®®~ Lpp1~[pp®~~y~i 1 v7 I~QRITi .SB~1 ~ T'1" e~~,,_, _ :'p State Farm 51764 {R ! 1-06) a` ~ PRIVACY NOTICE Prescribed by the Department of Looal Government Finance The cost and any specific individual's salary information ss confidentiaE; the balance of the filingg is public record per iC 6•i.t-i2.1-5.1 (c) and (d}. INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs fhe new manufacturing equipment and/or research and development equipment, and/or logistical distribution equipment and/or information technology equipment far which the person wishes to claim a deduction. Projects" planned or committed to offer July 1, 1987, and areas designated otter July 1, 1987, require a STATEMENT OF BENEFITS. (1C 6-i.1-i2.1) 2. Approval of the designating body (Ci#y Council, Town Board, County Council, efa.J must be obtained prior to installation of the new manufacturing equipment and/ar research and development equipment and/or Jogisticat distribution equipment and/or information technology equipment, 6EFORE a deduction may be approved 3. To obtain a deduction, a person must file a carlifred deduction schedule with the person's personal properly return on a certified deduction schedule (Form 103-,ERA) with the township assessor of the township where the property is situated. The 703-ERA must be tiled between March 1 and May 15 of the assessment year in which new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information feehnology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a lriing extension must file the form between March f and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved attar June 9D, 1991, must submit Form CF-1 / PP annually to show compliance with the Statement of8enehts. (!C 6-1.1-12,1-S.tiJ 5. The schedules established under lC 6-i.1-12,1-4.5(dJ and (e) apply to equipment installed aft® ~~ 2 1. Far equipment installed prior to March 2, 2001, the schedules and statutes in effect at the time shall continue to apply. (1C &-1.,1ri2. i-4.5(fi~~ ' Name of taxpayer ~~ Steel Warehouse Company LLC ~' ~ t ` ~~~~~ ~+ Address of taxpayer (number and street, city, state, and Zip code} f` ")- 2722 W. Tucker Drive, South Bend, IN 4669 9 ~ ~ - Name of contact person ,.•~ ~~ elephone number Richard King nr Gerald F. Lerman -~-~~""~ . ••.. ~0,~~'~; (574)23fi-Si DO Name of designating body 1 ResolutFOn number (s) ,~~-` ,,. City of South Bend Common Council Location of property County DLGF taxing district number 1400 W. Riverside South Bend, !N 46616 st. Joseph 71028 Description of manufacturing equipment andlor research and development equipment ESTIMATED andlor logistical distribution equipment andlor information technology equipment. START DATE COMPLETION DATE (use additional sheets if necessary) Laser cutting and material handling equipment number Salaries ._. tVumberretained NOTE: Pursuant to IC t3-1.1-12.1-5.1 (d) (2) the COST of the property is confidential. COST ~ ASSESSED UALI}E Manufacturing Equipment 49/75/2014 09/15/2011 R & D Equipment logist Dist Equipment IT Equipment Salaries -e•. e R 8 D EQUIPMENT COST ASSESSED VALUE Number additional LOG15T DIST EQUIPMENT COST ASSESSED l/AGl#E Sa€aries 17 EQUIPMENT COST ASSESSED VALUE Current values Plus estimated values of proposed project _ c~ ` less values o€ any property being replaced IVet estimated values upon completion of project , Estimated solid waste converted (pounds) D_DD Other benefits: Estimated hazardous waste converted (pounds) D,,,,,`Dp I hereby certify that the representations in this statement are true. Signature of authorized representative Title Date signed (month, day, year) ~,,,~ ~oP ,~` ,1~-~.....~,Y„~ Vice I~resident t-1 ~.~~ , ~ r z o r ~ Section 3 Current # Salaries 489 $20,139,632 Attachment to Section 3 of SB-1/PP # Retained Salaries # Additional Salaries 4 $133,120 7-i9 $212,700-$582,864 Riverside Location Only Current # Salaries # Retained 47 $2,19S,S63 4 Salaries # Additional Salaries $133,120 7-19 $212,700-$582,864 ~~ ~~i0 G~~ Gl Exhibit A Beginning at the Southeast corner of the Southwest ~/9 of said, section 35; thence South 89 49'52" West (bearing assumed) along the South luxe of said section, 308.97 feet; thence North 89 SS'00" West, 116.24 feet; thence North 40 00'27" West, 12.00 feet to the North line of a 12 foot alley; thence North 89 55'00" West along said North line of alley; the East Iixze of Kessler Boulevard, 128.00 feet South 89 55' 18" East of the Northeast addition to the City of South Bend recorded April 6, 1906 in Plat Book 0, pages 30 and 31; thence South 89 55' 18" East along the South Tine of King Street, 352.84 feet; thence Noz~ 40 00'27" West, 194.85 feet to a point the centerline of the East and 'LX1'est 14 foot alley between King Street and IVIcCartney Street produced East; thence North 00 06'09" East, 12$.81 feet; thence North 89 46'49" East 287.05 feet to the Westerly line of Riverside Drive; thence South 16 37' 15" West along a chord subtending said Westerly line of liverside Drive, 4SS.43 feetto the South line said section 35; thence North 90 00'00" West along said South line, 156.71 feet to the point of the beginning. Commencing at the Southeast corner ofthe %4 of said section 35; thence North 00 00'30" West (bearing assumed) along the East line of said Southwest 1/4 a distance of 463.14 fee# to the Pnznt of Beginning for the following described tract; thence continuing North fl0 00'30" West along said East line 336.00 feet to the South line of Queen Street; thence South 89 56'04" West along said South line of Queen Street 176.60 feet, thence North 00 02'36" Est. 195.00 feet to the centerline of the East and West 14 foot~alley between Kinyon Street and Queen Street; thence South 89 56'09" West along said centerline of alley, 131.27 feet; thence South 00 06'09" West along the East line of l;ot 145 i~ the Third Plat of Northwest Addition recorded March '7, 3 907 iz~ Plat Book 9, page d0 in the O~iice of the St. Joseph County Recorder and its Northerly and Southerly extensions, 195.00 feet to the South line of Queen Street; thence South 89 56'09" Vlfest along Allen Street; thence South 00 OS' S 1" West along said ;fast line of Allen Street, 329.$7 feet to the South line of McCartney Street; thence South $9 5$'27" East along said South line ofMcCartney Street, 32.91, feet; thence South 00 05'09" Nest 6.11 feet; thence North 89 56'09" East 308.71 feet to the Point of Beginning. Ma}~ of 1404 Riverside Dr, Soutih Bend, IN 46G 16 .-~. ~ ~ ~: ~ ; ~ !3 Page 1 of 1 flap of 1400 Riverside ar, S®uth Bend, !N 46816 ,~~' ~'~ ~~ ~~~~~9~ 4~6~i~~~ ~~~~ - ~ 2010 ~ ~~, E I 13.~,. - .' .. _, ~ " '~, .r Wren using any driving directions or map, it's a good idea to do a reality ehetk and rr~ake sure the road still exists, waCch out far construction, and foliaw all Craffic safety precautions. This is only to be used as an aid in planning. p •rt d7 O H W ...f"'".,...~ g _/~ ~~:r6 ~t,, ~`~u .~# ~ ~ ,, ,~ , ~ ~-r'"'- ~ ~,~~ ~`~ ~ ~~ `~ ~ r~ ~.+rF' I' y.4~ tf"~ .~/A We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the genera! standards adopted in the resnlution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1-2.5, provides for the following limitations as authorized underlC 6-1.1-12.1-2. A .The designated area has been limited to a period of time not to exceed is calendar years " (see below). The date this designation expires The type of deduction that is allowed in the designated area is limited to: 1. Installation of new manufacturing equipment; 2. lnstallatian of new research and development equipment; 3. Installation of new logistical distribution equipment. 4. Installation of new information technology equipment; ^Yes ^N o ^Yes ^N o ^Yes ^N c ^.Yes ^N n C. The amnunt of deduction applicable to new manufacturing equipment is limited to $ cost with an assessed value of D. The amount of deduction applicable to new research and development equipment is limited to $ with an assessed value of $ E .The amount of deduc#ion applicable to new logistical distribution equipment is limited to $ F. The amount of deductinn applicable to new infiormation technology equipment is limited to $ G. Other limitations or conditions cost cost with an assessed value of cast with an assessed value of H. The deduction for new manufacturing equipment and/or new research and development equipment and/or new logistical distribution equipment and/or new information technology equipment installed and first claimed eligible for deduction an or after July 1, 20B{?, is allowed for: ^ 1 year ^ 6 years '"* For ERA's established prior to July 1, 2000, oniv a ^2 years ^7 years 5 or 1D year schedule may be deducted. ^3 years ^ S years ^4 years ^ 9 years ^ 5 years ** ^ 10 years "" Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved: (signature and title of aufhoriaed member) Attested by: Telephone number Designated body i7ate signed (month, day, year) 1f the designating bndy limits the time period during which an area is an economic revitalization area, i# does nat limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under 1C 6-1.1-12.1-4.5 CITY OF SOLiTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, persona( 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 #.C.~ 6-1.1- 12.1, et__ seal and South Bend Municipal Code Section 2.84-2, et_ _ secy.. for this position states the following: 1. Describe the proposed project, including information about the new manufacturing equipment personal property {"Equipment") 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 ualue of the project to your business. Petitioner plans to acquire and install new equipment for manufacturing, servicing, processing and material handling of steel and steel products. The protect will allow the Petitioner to continue service expanding requirements of certain markets as weU as reach other markets for its products. 2. The project wii# create 7 to 19 new, permanent jobs within the first year, representing a new annual payrol! of $2,12,700 to $582,864.8 and wil# onaintain at leastfour existing permanent full_#ime and _„ existing part-time jobs representing an annual payroll of $133,120. The projected annual salaries fvr each new position created are estimated to be as follows: Laser operator $30,864 per year; Crane operator $30,864 per year; Material handling specialist $30,864 per year; Inside sales person $32,000 per year. This does not include performance incentives and benefits including participation in Petitioner's 401K plan and health insurance plan, and paid holidays and vacations. 3. Estimate the total cost of the Equipment: $2,40Q000-$3,000,000 4. (a) The Equipment is owned ar 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 Steel Warehouse Company LLC Aff<liates and Equipment lessors ADDfiE55 INTEd~EST 27,22 W. 7Lcker Drive SB, IN 1009b (b) The fiollowing other persons lease, intend to lease, or have an option to buy this Equipment (including corporate information as required in (4)(a) above, if applicable): n/a NAM£ ADDItE55 INTEREST 1 5. Give a brief description of the overall nature of the business and of the operations occurring at the location far which tax abatement is requested: Petitioner is a steel service center specializing in flat rolled, low carbon steel and steel plate, wiht operations involving slitting, leveling, pickling, temper rolling, shearing and cold reducing. Petitioner also supplies profiling parts using plasma and laser cutting operations. In connection with its operations Petitioner takes substantial positions in steel products for the future sale and marketing of its products to its customers. 6. The commonly known address of the property where the Equipment is to be located is: 1400 W. Riverside Drive, South Bend, IN 7. The Key Numbers of said property are: 018-2110-4065 and 18-2110-4067 B. Attach the legal description of the property where the Equipment is to be located, marked "Exhibit A",and is hereby incorporated herein. 9. Attach a map and/or plat describing the property where the Equipment is to be located, marked "Exhibit ~", and 'rs hereby incorporated herein. 10. Attach photographs of the properly, taken within 3U days of the filing of this petition, marked "Exhibit C",and is hereby incorporated herein. 11. The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment is. n/a (This infiormation may be obtained from the S#. Joseph County Assessors office 235-8523} 12. The current use of the real property where the Equipment is to be installed is E Neavy Industrial and the current zoning is _ (use} F (height and area). (This information may be obtained from the Building Department 235-9553}. 13. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner of a previous owner. YEAR 21309 payable 2010 2008 payable 2009 2007 payable .20f18 2006 payable 2007 zao5 payable Zoos REAL PROPERTY TAxEs $31,484,28 $31,965.48 $33,209.39 $31,950.96 $32,$6356 PERSONAL PROPERTY TAKES $0 $0 $0 $0 $a 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). 2 Petitioner now and in the past has maintained a policy of hiring and promoting without discrimination with respect to race, creed, color or gender. The number of minority full-time employees of Petitioner for the years 2005-2049 is as follows: 2005129 minorities out of 457 total 200& 128 minorities out of 445 total 2007119 minorities out of 458 total 2008131 minorities out of 50fi total 2009 99 minorities out of 419 total ~.5. I)eseribe on-site child care or day care facilities, services ar benefits currently offered or proposed to be offered by the Petitioner for children of employees. None 16. What is your hest estimate of the market value of the new Equipment after installation? $2,400,000 to $3,000,000 17. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? Yr1: $33,fi00 to $42,Ofl0; Yr2: $37,632 to $47,040; Yr3: $21,16$ to $26,460; Yr4: $10,75,2 to $13,440; Yr5': $5,040 tp $6,300 18. What is the commitment your firm wilf make to minority employment during the five years of tax abatement? Petitioner will continue to hire qualified applicants without regard to race, creed, color or gender. Z9. 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 Classifcatinn Manual major group within which the proposed project vvnu[d be classified, by number and description: Major Group 33: Primary Metal Industries 21. The Internal Revenue Service Gade of Principa4 Business Activity by which the proposed project would be classified, by number and description: 5050 22. The real property where the Equipment wilt be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: 23. Other anticipated public financing for the project including, if any, industrial revenue- banding to be sought or already authorised, assistance through the United Stated Department of Housing and Urban ©evelopment funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business i]evelapment Corporation of South Bend, Mishawaka, and 5t. Joseph County, Indiana; or other public financial assistance, including but not limited to public works improverraents. Petitioner may seek job training assistance for some of the additional personae! to be hired. 24. Describe how and why the manufacturing equipment to be replaced ar 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: 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 far any purpose in Indiana. The signature at the end of this Petition is verification of this statement. 26. The fallowing person(s~ should be contacted as Petitioner's agent regarding additional information and public hearing notifications: Name: Gerald F Lerman Address: 2722 W. Tucker Drive City, State, Zip Code: South Bend, IN 46619 Telephone: (574J 236-5100 WHEREFORE, Petitioner requests that the Common Coundl 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 far an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $254.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Cade of the City of South Bend has been paid in full. Name of Property Owner(sy: Steel Warehouse Company LLC (Signed Name) Gerald F. Lerman {Typed or printed name and capacity of signor if signed by an agent or representative of the owner) (tangible personal prop jun 2010} -~..~ ~~ ~''tr.v'"~ ~'i~EI~~ ~~,:,,. 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'~ ZZLZ Sid 1~IAAOI~I ~'7l~IOY1U~d0~ `~dl~I`v'ICINI `QI~~S HZI~OS 30 .rI..LI~ ~ ~.I,Im s~~ ~tl~ixao o~us~rNOls~a cr~r~s Hsr~os .~o ~LI~ ~s ,~o zloNnoa ~ovv~oa ~-I.L ~o Kor.I.n.~os~x ~ •oN Nolsnzos~ North line of the right-of--way of the Indiana Northern Railway Company; thence East parallel with said North line of said right-of--way, 540 feet; thence North parallel with the East line of said Southwest Quarter of the Northwest Quarter, 320.75 feet to the place of beginning. A tract of land in the West Half (112) of the Northwest Quarter {1/4) of Section Fifteen (15), Township Thirty-seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, St. Joseph County, Indiana, mare particularly described as follows: Beginning at the center of the Northwest Quarter (1l4) of said Section Fifteen(15); thence South along the North and South center line of said Quarter Section Two Hundred Twenty (220) feet to the North line of Tucker Drive; thence West along said North line to the West line of said Section Fifteen (15); thence North along said West line One Hundred Twenty-eight and One Tenth (128.1} feet, more or less, to a line Twa Hundred Fifty {250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right- of way; thence Northeasterly parallel to the Twa Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right- of--way, Seven Hundred Twenty-seven and One One-Hundredth {727.01) feet, more or less, to a point on the East line ofthe ~authwest Quarter (1i4) of the Northwest quarter (ll4) of the Northwest Quarter { 1/4) of Section Fifteen (15); thence Southerly along said East line One Hundred Ninety-mine and Eighty-six Hundredths {199.86) feet, more or less, to the South line of the Northwest Quarter (114) of the Northwest Quarter (1/4) of Section Fifteen (15); thence East along said South line Six Hundred Sixty-three and f fty-two hundredths {b63.52) fee#, more or less, to the place of beginning, excepting Thirty {30) feet off the East side thereof for purposes of a public highway. A lot or parcel of land situated in the Northwest quarter of Section 15, Township 37 North, Range 2 East, now within and a part of the City of south Bend, bounded by a line running as follows, to -wit: Beginning at a point on the North line of the Southeast Quarter of the Northwest Quarter of said Section 15,640 feet West ofthe Northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 15; thence running West along said North line a distance 725.8 feet to the Northwest corner of said Southeast Quarter of said Northwest Quarter; thence South a distance 220 feet, more or less, to the North line of a 40 foot road known as Tucker Drive; thence East along the North line of said roadway to a point due South of the place of beginning; thence North to the place of beginning. Together with and subject to an easement over the 40 foot roadway lying immediately South of the above described real estate known as Tucker Drive, and extending Eastward to Olive Street. Part of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section Fi$een (15), 'township Thirty-seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, described as beginning at a paint 26{3 feet South of the Northwest corner of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of said Section fil~een {15); thence South 492.9 feet to the North Iine of the right-of--way of the Indiana Northern Railroad; thence East along the said North line of the right-of-way of the Indiana Northern Railroad 305 feet; thence North 492.9 feet; thence West 305 feet to the place of beginning. 2 Together with aright-of--way aver a 40 foot roadway North of and adjoining the afnredescribed tract, and continuing Easterly to Olive Street, which said 40 foot roadway is now canunonly known as Tucker Drive in said City of South Bend. The East Half of the South East Quarter of the North East Quarter of Section Na 16, Township No. 37 North, Range Na. 2 East, containing 20 acres, more or less, and being Lot No. 16 in the Sub-division of said Section Na. 16, and now within a part of the City of South Bend, excepting there from the following: 'The original right-of--way across, the North West corner heretofore conveyed by Joseph B. Arnold, to the Indiana Illinois, and Iowa Railway Company by Warranty Deed dated August 21, 1894 and recorded in Deed Record 95, page 553, of the retards of St. Joseph County, Indiana; and excepting second the following; Beginning at a point on the West line of said Lot Numbered 16, where the same is intersected by the South Easterly line of said original right-of~--way, thence running South on the west line of Lot Numbered 16, 219 feet, more or less, to a paint distance 250 feet by rectangular measurement from the original center line of said right-of--way; thence North Easterly parallel with and 205 feet distant by rectangular measurement from the original center Line of said right-of way a distance of 733.3 feet, more or Tess, to a point on the East line of said Section No. 16, thence North. on said East line, a distance of 105.5 feet, more or Iess, to the North East corner of said Lat No. 16; thence West along the North line of said Lot No. 16, thence North on said East Iine, a distance of 105.5 feet, more or less, to the North East corner of said Lot No 16; thence West along the North line of said Lot No. 16, a distance 254.5 feet, more or less, to the intersection with the said Easterly Iine of said original right-of--way; thence South Westerly with said Easterly line a distance 454.5 feet, more or Iess, to the place of beginning, containing 3.04 acres, more or Iess; excepting third, all that part of said Iot no. 16 which lies South of the North line of the right-of--way of the St. Joseph, South Bend and Southern Railroad Company, excepting fourth, a strip of land 70 feet wide North and South lying next north of and adjoining the right-of way of the St. Joseph, South Bend and Southern Railroad Company; excepting further that a strip of 40 feet in width, North and South, and being a extension of Tucker Drive, sha11 be established through the Northerly part of said tract and dedicated to the public as a highway, which said extension shall extend to the right-of--way of the New York Central Railroad Company. All that part of the Southwest Quarter of the Northwest Quarter of Section l S, Township 37 North, Range 2 East, described as follows: Beginning at a point 260 feet South and 330 feet West of the Northeast carnet of the said Southwest Quarter of the Northwest Quarter; thence West 996.08 feet to the West line of said section; thence South 498.35 feet to the North line of the right-of--way of the Indiana Northern Railway Company; thence Easterly along the said Northerly line of said Indiana Northern Railway Company a distance of 996A8 feet, more or less, to a point on the Northerly line of the said Indiana Northern Railway Company South of the place of beginning; thence North to the place of beginning. Beginning in the center line of Olive Street in said City at a point Seven Hundred Eighteen and twenty-five hundredths (718.25) feet South of the North line of said Section No. 15, said paint of beginning being an the Southerly line of a strip of land f fty(50) feet wide reserved for the right of way of the Indiana Northern Railroad Company thence running South on the center Iine of 3 Olive Street, a distance of Six Hundred Eight and fifteen-hundredths (60$.15) feet to the South east corner of said North East quarter of the North West quarter of Section No. 15; thence running West an said South line, a distance of Thirteen Hundred twenty-seven (1327) feet to the West line of said quarter Section, thence North on said West line, a distance of Four Hundred Ninety-three and four hundredths (493.04) feet to the Southerly line of said parcel deeded by said Grantors to the New York Central Railway Company; thence North .Easterly along the Southerly line of said Last named parcel to a point on the South line or the right of way of the Indiana Northern Railroad Company due West of the place of beginning: thence East ten hundred Fifty- seven and Thirteen-hundredths (1057.13) feet, more or less, to the place of beginning and containing Seventeen and seven hundred Sixty-one thousandths (17.761) acres, exclusive of Olive Street. AlI that part of the East Half of the North West Quarter of the North West Quarter of Section No. 15, Township No. 37 North, Range Na. 2 East, that lies South of the right-of--way of the Indiana, Illinois, and Iowa Railroad Company (now New Yark Central Railroad), now within and a part of the City of South Bend; excepting there from a tat ar parcel of land bounded as follows: Beginning at the intersection of the South Easterly line of saidright-o€way and the East pine of the East Hahf of the Northwest Quarter of the North West Quarter of said Section No. 15, thence running South Westerly along the South Easterly line of said right-of--way to the West line of the East Half of the North West Quarter of the North West Quarter of said Section; thence running South 219 feet, mare or less, to a point; thence North Easterly parallel with and 219 feet South of the Southerly line of said right-off way to the East line of the East Half of the North West Quarter of the North West Quarter of said Section No. 15; thence North 219 feet, mare or less, to the place of beginning. and which have Key Numbers 18-8075-2838, 18-8075-2839, 18-8075-2843, 18-8075-2844.03, 1$-8075-2844.04, 1 &8075-2844.06, 18-8075-2$45.01, 18-8075-2845.02, 15-8075-2845.03, be designated as an Economic Revitalization Area under the provisions of Indiana Cade 6-I.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information cuff dent for the Common Council to determine that the area qualif es as an Economic Revitalization Area under Indiana Code 6-1.1- 12.1, et sec ., 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. 4 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 seg., that: a. The estimate of the cast 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 benef is 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 Benef is 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 suff cient 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 Revitalisation Area far 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 (5) f ve years. 5 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 Gammon Council on the proposed confirming of said declaration. 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 ~~~ ¢¢,, rK~.SZra,~tD ~,..~,~~ ~-~~ ~lUT ?,PPROVED n,DOPT~~ Fi~~~ ~~ ~~~r~~c'~ ~~~€~~ SEA 1 ~ ~0~0 JQ~~3VOCR^E GI'fY CL~i~tK, S0.8Ei~~7, !N. 5 September 7, 2010 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 4601 RE: Personal Property Tax Abatement Petition for: STEEL WAREHOUSE C`E)1lrIPANY, LLC and AFFILIATES and EQUIPMENT LESSORS {2722 W. TUCKER DRIVE} Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a tax abatement petition for the above-referenced petitioner. Also attached are copies of the petition, Statement of Benefits forms, and supporting information, The project calls for the acquisition and installation of new equipment as part of the company's planned increase in productive capacity in its facilities located at the above listed address. The report contains the Department's findings relative to the above petition. Steel Warehouse, LLC will be purchasing and installing new equipment at the above location. The total cost of the project for the equipment is estimated at $1,000,000 to $2,500,000. The project meets the qualifications for afive-year {S) personal property tax abatement. A representative from Steel Warehouse will be available to meet with the Committee on Monday, September 27, 2010. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-927$. Sincerely, Kathy Hahn Economic Development Specialist Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks TAX ARATEIVIENT REPORT TO: SOUTH BEND COMMON COUNCIL PROM: KATHY HAHN SUB.IECT: PERSONAL PROPERTY TAX ABATEMENT PETITIONS POR: STEEL WAREH®USE COMPANY, LLC and AFFILIATES and EQUIPMENT LESSORS (2722 W. TUCKER DRIVE ) DATE: September 7, 2014 On September 3, 2010, a petition for personal property tax abatement consideration for property located at 2722 West Tucker Drive was filed with the City Clerk by Steel Warehouse Company, LLC, et al. Pursuant to Chapter 2, Article 6, Section 2-77 of the Municipal Code of the City of South Bend, the petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the areas qualify as Economic Revitalization Areas pursuant to 1.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 areas and makes the following report. PROJECT SUMMARY Steel Warehouse Company LLC is a steel service center with a primary focus on flat rolled, low carbon steel with operations involving slitting, leveling, pickling, shearing, temper rolling, and cold reducing. The petitioner also supplies profiling parts through its plasma and laser cutting operations. In connection with its operations, the company takes substantial positions in steel and steel products for the future sale and marketing of the same to its customers. The abatement request for personal property at 2722 W. Tucker involves the acquisition of equipment for manufacturing, servicing, processing and material handling ofsteel and steel products, having a total cost expected to be from $1,000,000 to $2,500,000. The acquisition will enable the company to add capacity and modernize its existing manufacturing equipment and Facilities at this South Bend Redevelopment Commission RE: Steel Waxehause (Personal Property Abatement} September 7, 2014 Page Z location. Depending on the final value of the equipment to be procured total taxes to be abated during the f ve-year (5) abatement period are estimated to be between $6,445 and $16,113. Total add~itianal taxes to be paid as a result of the project during the five-year (S) abatement period are estimated to be between $67,999 and $169,997. EMPLOYMENT IIVIPACT Per the petition, it is estimated that the project will create four (4) to seven (7) new permanent full time jabs at the 'Tucker location representing new annual payroll of $134,500 to $232,600. The project is also expected to retain a total of four (4} full-time jobs, representing an annual payroll of $133,120 at the facility. ABATEMENT Q1IJALIFICATIUN 1. A review of the tax abatements previously granted finds that the petitioner has been granted or been associated with the previous tax abatements listed below. In addition, at this time the company is also petitioning for a personal property abatement at its 1400 W Riverside Dr. location. TermlType ResaIution NQ. Date 5 year personal property 1 i 69-84 June 25, 1984 5 year personal property 1432-86 Sept. 8, 1986 5 year personal property 1674-88 Nov. 28, 1988 10 year real property 1964-92 July 27, 1992 5 year personal property 1965-92 July 27, 1992 10 year real property .2157-94 July 11, 1994 5 year personal property 2158-94 July 11, 1994 1 O year real property 2371-96 June 24, 1996 5 year personal property 2372-96 June 24, 1996 10 year real property 2496-97 August 25, 1997 5 year personal property 2445-97 August 25, 1997 5 year personal property 2714-99 March 22, 1999 10 year real property 2798-99 Oct. l 1, 1949 S year personal property 2896-00 June 26, 2000 10 year real property 2895-QO June 26, 2000 5 year personal property 3035-01 Sept, 24, 2001 a o '~ ~von ~ o p v 4 c~ P o cr, co Na rn ~r r rr ) oM r r~ C~ v NN ~ ~r~ao c*~ rn ~nv w- vco r >- ni o 0o cav~+7 a' co v _ roof rn v rn~ w Cn 03 ~ o o ~ Q ~vno v o ~ NoQC~7 Or)rT x'o N ~ I c7G1NMrJ ~, proj r5 V O M O 4 fi'] 6 i ~ O ~ ~ (~A ~ ~ ~ a Ori M V ~ ~ QI N ~ ~p N O ~ 'V' 'd N N f*S ~ oD O CA M a'i ~ . d0 Ol c+U [S7 V V ~ ~ t(] r W Lp V tf1 ~ ~ V ~ ~ rJ v ~ d' 'a [") N M M D') r) rl r3 ~ a o ~ r7~ OO V' 'Nd' CPO ~ . 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P'} C3 1~ :~ G ~{ 1~ h I~ n ~. iD ~ N in m Q Q Q W P o0 }t L j ~ ~ M ~ M ~ Q .. ~ 07 ~ ( 7 5 7 r~ c~ r> m Fs O 6 cp ~ ~~ ~ ~ °~ o N ~ ,- nr ry a u~ ~ ~ ~ N N N N (OY v=i ~ N ~ ~iam aaa `~ a . m O ~ m T ~ 16 C o ~ a~'i ~ ~ ~ 0 ~- N a y, C .O O ~ N ~ ,C w~ o ~ i °} ~ m N _ _ ~~,. R4n~~ STATEMEAlT O~ EENEFtTS FORM SB-1 ! PP PEF~S®NAL. PROPERTY +~ ~ State Form 517fi4 {R I 1-t7fi) PRIVACY fVOTICE ' ' Prescribed by the Department of LaGai Gnvemment Finance Ttre cost and any specific individual's salary intormatian is confidential; the balance of the filing is public record ertC 6-1.1-12.t-5.1 c and (dj. 1NSTRUCTIDNS: T, This statement musf be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and/or research and development equipment, and/oriogistica! distribution equipment and/or information technology equipment for which the person wishes to claim a deduction. °Projects"planned or committed to after July T, 1987, and areas designated otter July 1, 1987, require a STATEMENT QF 6ENEHTS. (1C B-1. i-12.1) 7. Approval of the designating body (City Council, Town Board, County CaunG1J, atc.) must be obtained prior to installation of the new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology squipmenf, BEFORE a deduction may be approved 3. To obtain a deduction, a person musf frle a certified deduction schedule with the parson's persona! property return on a certified deduction schedule (Form 103-ERA) with the township assessor of the township where the property is situated. The 103-ERA must be filed between March 1 and May T5 of the assessment year in which new manufacturing equipment and/or research and development equipment and/or logistical distribution squipmenf and/or information Technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March 1 and the extended due date of that year, 4. Property owners whose Statement of Benefifs was approved after June 30, 199T, must submit Form CF-1 / PP annually to show compliance with the Statement of Benefits. (!C 6-1. i-T2, i-5.S) 5. The schedules esfablished under 1C 6-1.1-12.1-4.5(d) and (e) apply to equipment installed after March i, 2001. For equipment installed prior to March 2, 2001, the schedules and statutes in affect at the time shah continue to apply. (1C &-T,1-12,T-4,5(f) and (g)) s •- s Name of taxpayer Steel Warehouse Company LLC Address of taxpayer {number and street, oily, state, and Z!P code) 2722 W. Tucker Drive, South Bend, iN 46619 Name of contact person Telephone number Richard King or Gerald F. Lerman (574) z3s-51oo • ~, e : e a e a a •e•e ~ •~e u• Name of designating body Resolution number {s j City of 5vuth Bend Common Council Location of property -~^'- Ls. Oo~nty DLGF taxing district number 2722 W. Tucker Drive, South Bend, iN 46619 r '~- • `~~--"' S Jnsep 71026 Description of manufacturing equipment andlor re ar aatt deV~lo~ptnert[~equipment ESTIMATED andlor logistical distribution equrpment andlor info atr~teetinotdgy equipment. ~ (use additional sheets if necessary) ''~13 START DATE COMPLETION DATE ~~ ~~ ~- ~ .~iAanufa turir:g Equipment 09/15/2010 9919 512011 Steel processing equipment. ~~- R & D E uipment '" ~~ ' :~ ~ r ~ ` ~Logist Dist Equipment r,~~, {~i . IT Equipment p~;,.e p • R ~ i - ~ ' ~ e ~ • ~ Current number Salaries Number ret is ned Salaries Number additsnnal Salaries e s . • ~ e -~r•e ~ --• NOTE: Pursuant to IC 6-T.T-12,1-5,1 {d} (2} the MANUFACTtfRENG R g p EQUIPMENT LOGIST DIST IT EQUIPMENT EQUIPMENT EQUIRNl1=NT COST of the property is confidential. CAST ASSESSED COST ASSESSED X057 ASSESSED COST ASSESSED UAE.UE VALUE VALUE VALUE Current values Plus estimated values of proposed project COQ, ~~-c Less values of any property being replaced Net estimated values upon completion of project Estimated solid waste converted (pounds} O.t)l} Estimated hazardous waste converted (pounds} D.~U Other benefits: s • I hereby certify that the representations in this statement are true. Signature of authorized representative Title Date signed {month, day, year} ~,,~ `l/ ~ ~,~„~,~,,,~ Vice President 3'~ .f. 3, x o , o Attachment to Section 3 of SB- l /PP Section 3 Current # Salaries # Retained Salaries # Additional 489 $20,139,632 4 $133,120 4-7 Salaries $134,540-$232,600 >;xxrsr~ A A part of the South i!z of the Northwest 114 of Section 15, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the East line of the Southwest 1/4 of the Northwest 114 of said Section 15, 580.64 feet South of the Northeast corner of said Southwest 1/4 of the Northwest 1/4, said point being 172,4 feet North of the North right of way Line of the Indiana Northern Railway Company; thence Westerly parallel with said North right-of--way line 565 feet to the Southwest corner of a tract of land conveyed to Stanley Enterprises, Inc. >3y a deed recorded October I6 , 1993 in Deed Record 777; page 226; thence North along the West line of said Stanley Enterprises, Inc. tract, said fine being parallel with the East line of said Southwest 114 of the Northwest 1/4, 323.0 feet to the South line of Tucker Drive; thence West along the South line of'lticker Drive 215.93 feet; thence South parallel with said East Iine of the Southwest 114 of the Northwest i/4, 495,90 feet to the North right-nf--way line of the Indiana Northern Railway Company; thence Easterly along said North right-of--way Iine, 860.23 feet to the West edge of Steel Warehouse Co. Int.'s building; thence North along said West edge of building, 172.0 feet; thence Westerly parallel with the North right-of--way line of the Indiana Northem Railway Company, 793 feet to the point of begirtieing, containing 5, 0 acres, more or less. A part of the Southwest Quarter of the Northwest Quarter of Section 1S, Township 37 North, Range 2 East in the City of South Bend, Indiana, mare particularly described as follows: Begimning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest Quarter of the Northwest Quarter, thence West S40 feet; thence South parallel with the East line of said Southwest Quarter of the Northwest Quarter, 324.25 feet to a point 172 feet North of the North line oftheright-of--way of the Indiana Northern Railway Company; thence East parallel with said North line of said right-of--way, 540 feet; thence North parallel with the East Iine of said Southwest Quarter of the Northwest Quarter, 320.75 feet to the place of beginning. A tract of land in the West Half (t/z) of the Northwest Quarter (114) of Section Fifteen {1S), Township Thirty-seven {37) North, Range Two (2) East, now within. and a part of the City of South Bend, St. 7oseph County, Indiana, more particularly described as follows: Beginning at the center of the Northwest Quarter (l/4) of sand Section Fifteen (15); thence South along the Norther and South center line of said Quarter Section Two Hundred Twenty (224} Feet fo the North line of Tucker Drive; thence West along said North line to the West line of said Section Fifteen (15); thence North along said West line One Hundred Twenty-eight and One Tenth (128,1) feet, more or Iess, to a line Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right-of--way; thence Northeasterly parallel to the 'fwo Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New Yark Central Railroad right-of--way, Seven Hundred Twenty-seven and One One-Hundredth (727.OI) feet, mare or less, to a point on the East line of the Southwest Quarter (114) of the Northwest Quarter (114) of the Northwest Quarter (1l4} of Section Fifteen (15); thence Southerly along said East line One Hundred Ninety-nine and Eighty-six Hundredths (199.86) feet, more or less, to the South line of the Northwest Quarter (l/4) of the Northwest Quarter (1/4) of Section .Fifteen (15); thence East along said South line Six Hundred Sixty-three and Fifty- two hundredths {663,52) feet, more or less, to the place of beginning, excepting Thirty (30) feet offthe East side thereof for purposes of a public highway. A Ivt or parcel of Land situated in the Northwest Quarter of Section l5, Township 37 North, Range 2 East, now within and a part of the City of South Bend, bounded by a line running as follows, tv-wit: Beginning at a point on the North line of the Southeast Quarter of the Northwest Quarter of said Section 15, 500 feet West of the Northeast wmer of the Southeast Quarter of the Northwest Quarter of said Section 15; thence running West along said North line a distance of 725.$ feet to the Northwest corner of said Southeast Quarter of said Northwes# Quarter; thence South a distance of 220 feet, more or less, to the North line of a 40 foot read known as Tucker Drive; thence East along the North line of said roadway to a point due South of the place of beginning; thence North to the place of beginning. Together with and subject to an easement over the 40 foot roadway lying immediately South of the above described real estate known as Tucker Drive, and extending Eastward to Olive Street. Part of the Southeast Quarter (114) of the Northwest Quarter (l/4) of Section Fifteen (15), Township Thirty-seven {37) North, Range Two (2} East, now within and a part of the City of South Bend, described as beginning at a point 260 feet South of the Northwest corner of the Southeast Quarter (114} of the Northwest Quarter (114) of said Section Fi$een {15); thence South 492.3 feet to the North line of the right-of--way of the Indiana Northern Railroad; thence East along the said North fine of the right-of--way of the Indiana Northern Railroad 305 feet; thence North 4929 feet; thence West 305 feet to the place of beginning. Together with aright-of--way over a 40 foot roadway North of and adjoining the afaredescribed tract, and continuing Easterly to Qlive Street, which said 40 foot roadway is now commonly lenown as Tucker Drive in said City of South Bend. The East Half of the South East Quarter ofthe North East Quarter of Section No. l5, Township No. 37 North, Range No.2 East, containing 20 acres, more or Tess, and being Lot No. 16 in the Sub-division of said Section No. 36, and now within a part of the City of South Bend, excepting there from the following: 2 The original right-of--way across, the North West corner heretofore conveyed by Joseph B. Arnold, to the Indiana Illinois, and Iowa Railway Company by Warranty Deed dated August 21, 1894, and recorded in Deed Record 95, page 553, of the records of St. Joseph County, Indiana; and excepting second the following: Beginning at a point on the West line of said Lot Numbered 16, where the same is intersected by the South Easterly line of said original right-of way, thence running South on the west line of Lot Numbered lb, 219 feet, more or less, to a point distant 25D feet by rectangular measurement from the original center Line of said right-of--way; thence North Easterly parallel with and 250 feet distant by rectangular measurement from the original center Line of said right-of--way a distance of 733,.3 feet, more or Less, to a paint on the East line of said Section No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No. 16; thence West along the North line of said Lot No. 16, thence North on said East line, a distance of lOS.S feet, more or less, to the North East corner of said Lot No. l6; thence West along the North line of said Lot No. 16, a distance of 254.5 feet, more or less, to the intersection with the said Easterly lime of said original right-of--way; thence South Westerly with said Easterly line a distance of 454.5 feet, more or Tess, to the place of beginning, containing 3.04 acres, more or less; excepting third, all that part of said Lot No. l6 which lies South of the North line of the right-of way of the St. 7oseph, South Bend and Southern Railroad Company, excepting fourth, a strip of land 70 feet wide North and South lying next north of and adjoining the right-of--way of the St. Joseph, South Bend and Southern Railroad Company; excepting further that a strip of 40 feet in width, North and South, and being a extension of Tucker Drive, shall be established through the Northerly part of said tract and dedicated to the public as a highway, which said extension shall extend to the right-of way of the New Yark Central Railroad Company. All that part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East, described as follows: Beginning at a point 264 feet South and 330 feet West of the Northeast comer of the said Southwest Quarter of the Northwest Quarter; thence West 996.178 feet to the West line of said section; thence South 498.35 feet to the North line of the right-of--way of the Indiana Northern Railway Company; thence Easterly along the said Northerly line of said Indiana Northern Railway Company a distance of 996.08 feet, more or less, to a point on the Northerly line of the said Indiana Northern Railway Company South of the place of beginning; thence North to the place of beginning. Beginning in the center line of Olive Street in said City at a point Seven Hundred Eighteen and twenty-eve hundredths (718.25) feet South of the North line of said Section No_ 15, said paint of beginning being on the Southerly fine of a strip of land Fifty (50) feet wide reserved for the right 3 '` ~ ca..L.~ 1 ~ ~"~ 1 .~~. ~~~~ 1 11Si q ry~.~LUAtNY~ ~~ b 1 Y Y ! ry..,..~ EYI rrx c.r avr .-r.~r ~ yq~~S. IA 1 Ci •EE~D_ tadrar„ r ~,. 4 W~fee+gls~ IIr 75y54E ~ :.:li2 ;r~ n -~ pQr LiSr~i ! ~.n N ~ err r r F UE • WErFUOOIE ~~ ~ ~ 1 ,• "' 9~ a lanRlr ` q',~ sr a dv~aLu ~ 10fiEl{ t+rk a.;t~ Cart r SF. - A SAw.~a.drr! •Srail.a SE m_ .,,AYE. _ 1ffi ~p wJ~. ~~ i L ~tl F l IN0 ~I La a i ~ ~ 5 T .,. o . ~a Srl llf ~ K ~ ~ ~ - p ~ c ~ hrk ar ~ '~''' ', ~ k t0 If.U. AVE. ~ ~ ~ ,2 ~r C~~IIf f t r"~ F a. ~ kAnral N_^;r!r[j~ _AS' IN .i~K.. \ ~ r17tr ~~ ~ r ~ E Ca ~F`f' dz"1 _ _Sp it ~rr,M n tft &' r Si- FFE [~]}y1' =rlr Fa ~ i ~.' ~ ~ -r-- ~.g-~~. m ~ ~- - Ma>tervu ~~~ ~ ~F ->HW.ti~,_ ..-J JEf2 ,SkIItl~~ I s ¢ uvula ac ~ a: ~ ; ._~. OIIkA r 31 /I - s ~ a~ ~ u WFSTEAN Matr ~ Y ~ ~~r~ ~~ Z ~ E ~dq. ~~ . - ~~ Farr w+ lr W ~ laoeaiia ~ 2 _ WESE RH « ~ ~ ~?x In! ; Sesaptr,F ~ "~ ~ x r!1 rl. da r ~ _ ,, J nUAQN~ 31. ~ ~NaYFA~_~ r : ~.'i 50 Nip! W L i E W T d i i ~ l4EaLk ~?'~P~ d!•re 0 U01ri (0. ~ ~ 4~'n ~ irrisan G H f tr a ~ .FQ x ~ "`---CGGGG` !Pa0 u _ rT. LtlE warn a '< ffrk ~ --E ~ ~' NN~ £ ?A ¢ ti ~ y~f . ~ 0 ~ jr fF. } ~ O ~ -IlHI glut Nnana ~ ~ ~ `-1 W p4 ~ a a ~ y 2 9 r ~~ - ~ Y_ ~ ~ ~~ S1 rt C a U rlA AMY-I~w! - y ? - ~ - ~ ~.~ '~' ~ FySIEE ~ .=s ~ 4 war _ ~~ T ~ S~uPtE ~ 54uPt ~ 2~ c ~ .c ~ IaC4u k N I ° . _ ~ s a KERa SF __ N {.~F$f SI I .. _ 1 1'~r ~ CD Rift ~ rL~~ * ~ ~. 1 ~ _ .. . yl+.+.--•. ~. ~ Igo a I~ ¢ ' w er. E~.rgT 4 arlk Cr;t' Ii01ANA ~~ iI= ~AY~ ~ ~ ~ llr hf Eier..~ tiN ~ Fr~ ) I~jI,~ ,~r'~ j~~f . WdalE'^ rl ~ t ~H ~ E6f 7 ~ ~" c ~- ~r _A~.,~1!El:y, I; ~ a f No r 23 .. L ~ ~_ ~ ~r ~I ST. ~ ~ VFF d ~ m rry ~ ~ ryiai ~ ~~. r ; g r ~ 1~1~. A }' Oar I ~ SY ~B ~ Tq.*,~,~F. ~ ~ r _ ~A. AS.. • ~ ~ . +tE _ r ~ 1 r~ .'f.3J ~11T L. .. _ .._.._ K .%~~i^~' .~y._i' Park.., Er ate., ~,.:~.,,, =r SI YrrF a1 ~ .. ' ~. Fhv Arrrwpr4n ~_ -~ ~ ~ ` ` rcA a~ITYPf N7rr Dll . II a r ~ > ••.. ; 1,.1 F.9._1.9.~ E"njn O r' ~ -.....-~-ill: ~ ~ `~' ' <r,r 1 (~ i ' ~ se+~ 6 h~N ~ ` .... ., }Y i i ~ I ~ 4 ~'W ..- ~ 4 ~ ~iLL, ~„ ~~ ~~1 .. t `'~ ~~ r ~J: ~; .., ~ ~ ~ ~ `~;~ .- ..~._ ~ i ~l ... _ ..~ ~ ~ ~ F ~~~' ~- ~' Y f i _ T z^ 1 J~ n ~ •k 1 ~ ``~ i" , ~ ~...~ ![ .~~ J r ~~ ... n m r rm ,.. -~- Pro~ec~ o ~ ~~-~. -~ ~'utur Econornlc ©evelnpment for South Bead, Allishawaka attd fit. Joseph County COMII4ERCE CENTER ° SUITE 305 Qp1 EAST CdLFAXAYENEJE P.O, BOX 1G77' SQUTH BEND, INb1ANA 46634-1677 (574) 234•.6Shp EAX: X574) 23G=1{7Gp ° (8pU) 228-80IIG Septernber 22, 201 ~ To; [Vlen~bers of the'South Bend Common Council: In this difficult economic climate, communitres must do alI they can to be attract new lousiness investment that brings new jobs; view wealth, creates growth and improves qualityaf life; all while`protecting ttie interes#s of the community and its residen#s: This replacenierit for South Bend's property Tax Abatement ordinance accorriplishes these goals. In general, Indiana law allows new property taxes on qualified projects to be phased in over a period of up to 90 years. This ordinance sets a 10-year phase-in schedule for every qualified applicant but requires the applicant to earn each year of the phase in based on actual performance, rather than on an estimate made at the time of application. How those years are earned initially is based on project impact: the size of the investment, the number of jobs created or retained, and wages to be paid. Applicants report actual perforrriance each year and claim only the phase-in they have earned and verified. In fallowing years, applicants may earn additional years or extend the phase=in period, up to the maximum off 0 years; based an actual operations and an good corporate behavior and communi#y involvement. This is a unique apprgach to property tax plisse=ins: 'fhe "schedules included in the ordinance keep South Bend competitive with other Midwestern communities-and--the simple concept of earning each year's phase=in credit wEil make South -Bend a moolel for other communities to follow. At the same time; threshold requirements in the ordinance protect the city`s interests: The corporate behavior aspects will encourage businesses to be involved in the community antl also allow niemejers of the council to have a regular voice in encouraging behavior to meet changing comn3unity needs. Thank you for your carisideratian of this ard'mance. I urge you to adopt this opportunity to make South Bend a leader in using tax phase-in as an economic development-foal. ~1~rr~ ~n ~~e~f'~('a~ ~~~~~@ SEP Z 2 2~~0 Ve truly yours, ~ ~ "`~--- Patrck M. McMahon Executive Director ~~. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REPEALING CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS AND ESTABLISHING NEW TAX ABATEMENT PROVISIONS AND PROCEDURES STATEMENT OF PURPOSE AND INTENT It has been seven (7} years since this Council enacted Ordinance No. 9394-03 updating Tax Abatement procedures for the City of South Bend. During that time, the Council has had an opportunity to evaluate the effectiveness of these procedures, and to compare them with benef is being offered by other cities throughout the State of Indiana. There are 563 cities and towns in 85 of Indiana's 92 counties granting tax abatement. The Council has determined in order to increase tax revenue, add to the tax base, create new jobs and help our community grow, new procedures to develop tax phase-in should be instituted. These new procedures recognize the fact that the best way to achieve economic development in our City is to incentivize businesses by providing a clear, flexible, and fair process which provides benefts to phase in the payment of taxes, and to reward goad citizenship by providing additional phase-in credits consistent with the goals and objectives of the Council to maintain and improve the duality of life in the City of South Bend. This Ordinance achieves the goal of providing the best method to ensure the actions taken by the beneficiary of the tax phase-in credits are consistent with the actions taken by that beneficiary of the tax phase-in credits. In this way, the resulting increase of economic activity will ensure the long-term viability of the City of South Bend. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 2, Article 6, Sections 2-76 thxough 2-85 are repealed and are replaced as follows: ARTICLE G. TAX ABATEMENT PROCEDURES DIVISION 1. GENERAL PROVISIONS Sec. 2-76. Legislative Findings. (a} The Council finds there is a need to dewlap improved tax abatement (hereafter "tax phase-in"} procedures. (b) The Council finds phasing in taxes on new investment in real and personal property, as allowed by Indiana Code 6-1.1-12.1, is an essential economic development tool, and the purpose of phasing in taxes is to help attract new investment, new employment and new wealth to the community with the result of creating growth and improving quality of life. (c) The Council finds to be effective, atax-phase-in policy must be competitive, flexible and easy to understand and procedures for application, compliance and reporting must be simple, fair and welcoming. (d) The Council recognizes an attractive, fair and equitable ordinance is best achieved if the opportunity to phase in new tax payments is earned annually through actual performance, as opposed to negotiating at the beginning of a project, and making an award based upon best estimates of future activities. {e) The Council has crafted this ordinance so as to encourage expanded investments, continuous job creation, and a pattern of positive corporate behavior during the entire term over which a tax phase-in might be established. (f) The Council, therefore, declares the tax abatement procedures and general standards set forth in this Article shall govern tax phase-in requests filed for its consideration. (g) The tax phase-in procedures and general standards set forth in this Article are promulgated pursuant to the "Horne Rule" Powers vested in the City pursuant to I.C_ 36-1-1-3 et seq., and the "Deduction for Rehabilitation or Redevelopment of Real Property in Economic Revitalization Areas" statute set forth in IC 6-1.1- 12.1-1 et seq (hereafter "State Law"). All persons who desire to seek real or personal property tax phase-in consideration, have the duty to comply with the applicable provision set forth in this Article, as well as all State Law requirements. (h} The Legislative findings are hereby incorporated into the remaining provisions of this Tax Phase-In Ordinance. Sec. 2-76.1. Definitions, Interpretation and Area Maps. (a) For purposes of this Article, unless the context otherwise requires, a term that begins with an upper case letter has the meaning assigned in the sentence in which it appears within quotation marks; and the following words and phrases have the meanings set forth below. (1) Airport Economic Development Area ana' AEDA mean the area located within the City's corporate boundaries designated by the South Bend Redevelopment Commission and the Common Council, as amended from time to time, and filed with the City Clerk's Office with notice to the president of the South Bend 2 Common Council and the Chair of the South Bend Common Council's Community and Economic Development Committee. (2) Central Business District and CBD mean the area located within the City's corporate boundaries designated by the South Bend Redevelopment Commission and the Common Council, as amended from tune to time, and filed with the City Clerk's Office with notice to the President of the South Bend Common Council and the Chair of the South Bend Common Council's Community and Economic Development Committee. {3) City means the City of South Bend, Indiana. {4) City Clerk means the City Clerk of the City of South Bend, Indiana. (S} Council means the Camman Council of the City of South Bend, Indiana. (6) Designating Body means the Common Council of the City of South Bend, Indiana. (7} Community and Economic Development Department means the Community and Economic Development Department of the City of South bend, Indiana. (8) County Assessor means the Assessor of St. Joseph County, Indiana. (9} County Auditor means the Auditor of St. Joseph County, Indiana. (10} East Bank Development Area and EBDA mean the area located within the City's corporate boundaries designated by the South Bend Redevelopment Commission and the Common Council, as amended from time to time, and f led with the City Clerk's Office with notice to the President of the South Bend Common Council and the Chair of the South Bend Common Council's Community and Economic Development Committee. (l l) Economic Development Target Area and EDTA mean the area located within the City's corporate boundaries designated by the Economic Development Commission as amended .from time and time filed with the City Clerk's Office with notice to the President of the South Bend Common Council and the Chair of the South 3 Bend Common Council's Community and Economic Development Committee. {12) Economic Revitalization Area and ERA have the meaning set forth in LC. 6-1.1-12.1-1 et seq. (13) Hard-Dollar Costs means expenses directly related to the proposed new construction or rehabilitation excluding costs of land, financing, architect, engineering, and attorney fees. (14) Local Contractor means a legal entity the Council deems to have its principal place of business in St. Joseph County, Indiana or those Indiana counties located immediately adjacent to St. Joseph County. (1S) Law and Moderate Income Individuals or Families means those persons who qualify under the Department of Housing and Urban Development, Section 8 income requirements. (16) Mixed Use means any mix of two {2) or more of the following uses only: office, retail, multi-family housing, or hotel uses. (17) New Information Technology Equipment has the meaning set forth in I.C. 6-1.1-12.1-1 et seq. (18) New Logistical Distribution Equipment has the meaning set forth in I.C. 6.1.1-12.1.1 et seq. (19) New Manufacturing Equipment has the meaning set forth in T.C. 6- 1.1-12.1-1 et seq. (20) New Personal Property includes New Manufacturing Equipment, New Research and Development Equipment, New Logistical Distribution Equipment and New Information and Technology Equipment, all having the meaning set forth in I.C. 6-1.1-12.1-1 et seq. (21) Phase-In Prevailing Wages means the appropriate existing rate structures far the area's building trades as documented in the area's current applicable construction labor agreement. Current applicable agreements may be secured through the MACIAp' Office located at 3215 A Sugar Maple Court, South Bend, Indiana 46628. {22) Properly has the meaning set forth in I.C. 6-1. i -12.1.1 et seq. 4 (23 } Redevelopment has the meaning set forth in I.C. 6-1. I -12.1.-1 et seq. (24) Redevelopment Blighted Area and R.A. mean real Property meeting the standards set forth in I.C. 6-i.1-12.1 et secl., excluding the South Side Development Area. {25) Residentially Distressed Area and RDA mean an area that meets any of the following findings as declared by the Council: (i) The area is comprised afparcels that are either unimproved or contain only one {I } or two (2) family dwellings or multi-family dwellings designed for up to faun (4) families, including accessory buildings for those dwellings; or {ii) Any dwellings in the area are not permanently occupied and are: (1) The subject of an order issued under l.C. 36-7-9; or (2) Evidencing significant building deficiencies; ar (iii} Parcels of property in the area: (1) Have been sold and not redeemed tinder I.C. 6-I.I- 2~ and I.C. 6-I.I-25; or (2) Are owed by a unit of local government; or (3} A signif cant number of dwellings within the area are not permanently occupied or a signif cant number of parcels in the area are vacant land; or {4) A significant number of dwelling units within the area are: {i) The subject of an order issued under I.C. 36- 7-9; or (ii) Evidencing signif cant building deficiencies; or (5) The area has experienced a net loss in the number of dwelling units, as documented by census 5 information, local building and demolition permits, or certif sates of occupancy, or the area is awned by Indiana or the United States; or {6) The area (plus any areas previously designated under this subsection) will not exceed ten (10) percent of the total area within the CounciI's jurisdiction. (2b) South Side Development Area and SSDA mean the area located within the City's corporate boundaries designated by the South Bend Redevelopment Commission and the Common Council, as amended from time to time, and fled with the City Clerk's Office with notice to the President of the South Bend Common Council and the Chair of the South Bend Common Council's Community and Economic Development Committee. (27) Tax Abatement Impact Areas and TAIA mean the area located within the City's corporate boundaries designated by the South Bend Common Council, as amended from time to time, and on file with the City Clerk's Office. (28) Tax Increment Allocation Areas and TAIA have the meaning set forth in I.C. 36-7-14-39(a). {29) Urban Enterprise Zone and UEZ mean the area located within the City's corporate boundaries designed by the Urban Enterprise Association and South Bend Gammon Council, as amended from time to time, and on file with the City Clerk's Off ce. (30) Workforce Development Services and WDS mean Workforce Development Services of St. .loseph County ar its successor agency. (b) Any term not otherwise defined in this Article has the meaning ascribed to it in l.C. 6-1.1-12.1-1 et seq. (c) All defined terms are to be interpreted that the singular includes the plural and vice versa as indicated by the context. (d) The terms "including", "such as", and similar terms which used as part of a phrase containing one (1) or more specific items, are to be interpreted as being used by way of example and not of limitation. 6 (e) Ail references to provisions of the Indiana Code, the Municipal Code of South Bend, and the United States Cade are to be interpreted as meaning these provisions as they exist on the effective date of fihe ordinance from which this Article derives and as they maybe amended in the future. {#) Accurate and current maps of all areas defined in this Section with legal descriptions are available in the Office of the City Clerk and are printed at the end of this Article. Larger versions of said maps are available for public inspection in the Office of the City Clerk and in the Community and Economic Development Department during regular business hours. Said maps may also be accessed on the City's website at http: //www. southbendin.gov. Sec. 2-"76.2. Earning a Pr©perty Tax Phase-In. State Law allows governmental units the option to award Tax Phase-Ins of various lengths aftime, from one (1) to ten (10) years. The Council has structured procedures which create an opportunity for any applicant to earn the maximum phase-in benefits calculated by allowing the applicant Credits in terms of years of Tax Phase-In. The Tax Phase-In shall be earned in two (2) stages. {a) Base Tax Phase-In Credits are earned as a result of a qualified project's primary impacts, namely size of investment, job creation, and wage impacts. A competitive, one-page chart (Section 2-'7$) allows for a quick calculation of the term of a phase-in attributed to these criteria. {b) Bonds Tax Phase-In Credits may be earned as a result of activities which benefit the community in ways which extend beyond the project's primary impacts. These additional phase-in credits axe divided into those which are available to the property owner during two different periods of time. (1) Construction and site location bonus credits, available to the property owner during years one (1) through three (3) of the phase-in. (Section 2- S1) (2) Company on-going operations, and community benef i /goad corporate citizenship credits, available to the property owner during years four (4) through ten (I0) of the phase-in. (Section 2-82) (e) Bonus Tax Phase-In Credit Limi#atinns Bonus Tax Phase-ln Credits may be earned only for real property improvements which are not single-family residential real property. {d) Bonus Tax Phase-In Credits are not available to supplement the base tax phase- in credits earned for tangible personal property. 7 Sec. 2-76.3. Initial Phase-In Terms and Earning Phase. Credits (a) When approving a request for real or personal property tax phase-ins, the Council will set the initial term during which base and bonus phase-in credits can be earned. This initial term shall be ten (10) years for real and personal property tax phase-ins, and five (5) years for single family residential projects. (b) The actual pxaperty tax phase-in credits that may be annually claimed by a property owner is restricted to these base and bonus credits that have actually been earned during the previous calendar (taxable) year, in accordance with the City's Phase-In Schedule. (Section 2-83). (1) This deduction may be claimed only if supporting documentation is filed with the property owner's annual property tax payments. (2) All information bled with the County Auditor documenting phase-in credits earned in any given year to determine the amount of property taxes owed are submitted under pains and penalties of perjury in compliance with Section 2-84.3. (c) Under no circumstances will the total phase-in period exceed ten (10) years in length. Sec. 2-76.4. Threshold Criteria for All Applicants and Projects The Council may grant a property tax phase-in to an applicant whose project meets the threshold performance criteria of Section 2-77 Threshold Performance Criteria DIMSION 2. SCII-IEDULES FOR DETER.MIN1lNG PHASE-IN CREDITS Sec Z-77 Threshold Performance Criteria The City of South Bend welcomes applications for Tax Phase-In from all businesses, regardless of size, and persons that meet all of the fallowing criteria. (a) All of the applicant's full time employees (located in St. Joseph County, Indiana) are paid wages which exceed the Federal Poverty Wage identified annually by the Council in March for the following twelve (12) month period. The Office of the City Clerk and the Community and Economic Development Department shall maintain a record of the current Federal Poverty Wage. (b) The project meets ar exceeds Federal Equal Employment Opportunity Commission statutes and regulations. 8 (c) All contractors and construction personnel on site at the applicant's project meet state and local requirements with respect to bonding, licensing, and registration requirements of the St. Joseph County/City of South Bend Building Department. Individuals working as independent contractors may be utilized only if they meet these criteria. (d} The applicant must be in good standing with all Federal, State of Indiana, County of Si. Joseph, and City of South Bend laws and ordinances. Any issues involved in a formal appeal ar dispute pracess shall be disclosed as part of the application pracess. (e) Neither the applicant nor any related party of the applicant is delinquent or in default with respect to any property tax payment in St. Joseph County, Indiana nor should the applicant ar any related party of the applicant have a record of violations of local, state, or federal laws or regulations over a period of time that, in the opinion of the Council, tends to show a consistent pattern of violations. (#} The proposed business activity is not included in a list of those activities identified and prohibited by the current tax abatement statutes of the State of Indiana. 9 SeC 2-"rg PRIMARY IMPACT MEASURES FOR BASE PHASE-I~ I.OR Real Property a. Investment: Buildin sand Site Im rovements ~1) $250,000 to $2,000,040 3 years $2,000,001 to $3,000,000 4 years $3,000,001 to $4,000,000 5 years $4,000,001 to $8,000,000 6 years $8,000,001 to $15,000,000 7 ears $1S,OOfl,001 to $25,000,000 8 years $25,000,001 to $SO,OOO,fl00 9 ears over $50,000,00 10 years c. Existin Jobs South Bend provides consideration for existing employers based upon their existing employment (as apposed to requiring documentation on retained 'ohs Current employees paid in excess of St. Jose h County Average Wage~2~ 10 to 50 1 year Over 50 2 years b. Net New Jobs 5 to 10 1 year l 0 to 29 2 years 30 to 49 3 years 50 to 99 4 years 100 to 149 5 years 150 to 199 6 years over 200 7 years d. Wa es 85% of total local payroll must meet this standard to qualify 1 i 0 to 149% of average county wage~z~ 2 years 154 to 174% of average county wage(z) 3 years 175 to 199% of average county wage~~~ 5 ears over 200% of average county wage~2~ 7 ears Real Property Base Tax Phase-In: a + b +c + d = years{~} Investment Net New Jobs Existing Jobs Wages Tata] {'~ Def ned as expenses directly related to the proposed new construction or rehabilitation excluding costs of land, financing, architect, engineering, and attorney fees. (2) Current Average County Wage is $18.07/hr (Marchl, 2010) Does not include benefits. ~~} Maximum available under State Iaw = 10 years 10 Sec- 2-79 PRIMARY IMPACT MEASURES FOR BASE PHASE-IN F(]R 'I'aangik~ie Personal Property Personal Property Base Tax Phase-In petitions are filed separately from Real Property petitions. Investment; IViachine and E ui mentt~t $50,000 to $10,000,000 5 years Over $10,000,000 10 years {~~ All such equipment must meet the provisions of IC 6-1.1-I2. i-4.5 Sec 2-80 PRIMARY IMPACT MEASURES ~+ OR BASE PHASE-IN F®R RESIDENTIAL PROPERTY Sec 2-80.1 Multi-family residential developments. (a) A Base Phase-In is available for multi-family residential developments which are to be located in the Economic Development Target Areas, and which specify or guarantee that for the duration of the abatement at Ieast twenty (20) percent of the units shall be available far use by law and moderate income individuals or families. (Ij New construction. Proposed multi-family residential developments which incorporate new construction of not Iess than one million dollars ($1,000,000.00) in hard-dollar costs. Base Phase-In Available: 3 years (2) Rehabilitation. Proposed multi-family residential developments which incorporate rehabilitation of not Iess than two hundred fifty thousand dollars ($250,000.00) in hard-dollar costs Base Phase-In Available: 3 years (b) An additional Bonus Phase-In Credit is available for multi-family residential developments, which qualify to be cansidexed for a base phase-in under the provisions of subsection (a) above from one (I) to seven (7) years pursuant to Sections 2-8I and 2-82. Sec. 2-80.~ Single-family residential construction. (a) A Base Phase-In is available for single-family new construction homes which are to be located within the City's corporate boundaries and meet the requirements addressing residentially distressed areas set forth in 1C, 6-1.1-12.1-2 and the II provisions of subsection (c) below, may be considered for a Base Phase-In Credit Of f ve (~) years. (b) No Bonus Phase-In Credits. No additional phase-in credits will be allowed for single-family residential construction. (c} Residentially distressed area designation. The grant of a residentially distressed area designation is subject to the following conditions: (1) The deduction will not be allowed unless the dwelling is constructed to meet the local code standards for habitability. (2} If a designation application is filed, the Council may require that the construction be completed within a reasonable period. Sec 2-$1 Real Property Tax Phase-In -Bonus Criteria- Years 1 through 3 -FOR IIVVESTMI±JNT/CONSTRiJCTION/LOCATION In addition to the base tax phase-in earned as a result of achieving their Primary Project impacts, businesses may earn additional real property tax phase-izx credits for each of years one {1}through three (3} by meeting any of the following criteria during the construction phase of the project. (a) Local Contractor Usage Additional phase-in credits maybe earned if the project utilizes local contractors. (1) Local Contractor engagement measure Determined by calculating the percentage of project construction labor dollars for real property improvements expended within the facility footprint via local contractors. (2} Target Criteria The local contractor utilization within the facility footprint (i) Equals or exceeds 80%. 2 years (ii) Equals 100%. 3 years (b) Constre~ctian Wages Additional phase-in credits may be earned if the project meets or exceeds Phase-In Prevailing Wage Standards. 12 (1) Target Criteria (i} 80% of the construction wages expended within the facility footprint equals or exceeds the Phase-In Prevailing Wages in existence at the time of the filing of the phase-in petition. 2 years (ii) 100% of the construction wages expended within the facility footprint equals or exceeds the Phase-Tn Prevailing Wages in existence at the time of the filing of the phase-in petition. 3 years (iii) 100% of the construction wages expended on the entire construction site equals or exceeds the Plzase-In Prevailing Wages in existence at the time of the filing of the phase-in petition. 4 years (c) Training Support Support far formal industry training programs. 80% or mare of the project construction labor dollars for real property improvements expended within the facility footprint are via contractors that are registered with the Federal Bureau of Apprenticeship Training. 1 year (d) Special Site/Location , The project is located within a specific geographic area targeted by the City far special property tax phase-in credits. (1) These special geographic areas include: (i) Central Business District (CBD} (ii} East Bank Development Area (EBDA) (iii) South Side Development Area (SSDA) {iv) Urban Enterprise Zane (UEZ) Additional Credit Available: 2 yeazs (e} documentation Any real property owner that intends to claim credit for any bonus years associated with the construction related criteria outlined in this schedule is responsible for the collection of all documentation needed to support the specific credit claimed Sec 2-8~ Bonus Criteria -- Years 4 through 10 -OPERATING AND COMMUNITY SUI'I'OItT (a} In addition to the base tax phase-in earned as a result of achieving their Primary Project Impacts, businesses may earn additional real property tax phase-in credits during years four (4) through ten (10} by meeting any of the following criteria. 13 {1) These criteria reflect actions which benefit the community as a whole. (2} These additional credits may be utilized to reduce a company's property taxes for the previous {individual} taxable year. (i.e.: property taxes paid in 2014 maybe adjusted for credits earned during 2013) (3) In all cases, these are measures of the operating activities of the specifzc facility that has received a property tax phase-in approval. Data from other facilities may not be included. (b) Local Purchasing Percentage (%) of fatal local (defined as St. Joseph County, Indiana) purchases - including materials, supplies, and services (1) SO% local 1 year {2) 85% local 2 years (c) ~Ieadquarters Company Headquarters is located in St. Joseph County, Indiana i year (d) Payroll Increase Increases in gross direct labor from revious calendar year (1) 20% 1 year (2) 30% 2 years {e} Employment (1) 5 % or i0 employees from specifed census tracts~a~ 1 year (2) 10% or 10 employees from specifed census tracts~l~ 2 years (3} Hire 5 or mare individuals who have a felony conviction in their background (who have or are going through a rehabilitation or reentry program) 1 year {4) Hire 5 or more individuals whose jobs were lost (within the last 12 months prior to hire date) due to the closing of a local (St. Joseph County) business 1 year (1) Census Tracts with the highest levels of poverty and unemployment, and the lowest levels of median income. Per the 2000 Census, tracts 1, 4, 5, 6, 10, 17, 14, 20, 21, 22, 23, 24, 27, 29, and 30. Maps and the selection process for selecting these tracts is on ale in the City Clerk's Office. 14 (~ Affirmative Action Plan The company receiving aphase-in has or maintains or establishes an affirmative action plan or other similax plan with specific goals, objectives ,and means (i.e., in-house training and recruitment) with respect to achieving racial, cultural and gender diversity among the workers employed. 2 years (g) Child Care Offer child-care reimbursement to all employees (Full and part-time) {1) SO % 1 year (2) 75% 2 years {h) Health Care (l) 50% of the cast of employee health care coverage paid by company: 1 year (2) SO% of the cost of employee health care coverage paid by company: 2 years (3) Limit full-employee out-of-pocket Maximum expense to $5,000/year year: 1 year (4) Limit full-employee out-ol=packet Maximum expense to $3,000/year year: 2 years (5) Offer dependent coverage to full-time employees and cover 25% of the cost: 1 year (6) Offer dependent coverage to full-time employees and cover 50% of the cast: 2 years (i) Retirement {1} Offer retirement plan to all full-time employees: lyear In addition: {Z) Match 50% to 75% of fu11-time employee's contribution: l year (3) Match 75% to 100% of full-time employee's contribution: 2 years {j) Charitable Contribute dollars to one or more local (St. Joseph County) 541(c)3 not-for-profit organizations. {Includes any St. Joseph County K-12 school after school programs (non-varsity sports)) (1) Contribute $10,000 to $25,000: 1 year (2) Contribute in excess of $25,000: 2 years 1S {k) Eaaaironmental {1) Achieve 10% of electric usage via wind-powered generation on site: 1 year (2} Achieve 20% of roof area built as green roof: 1 year {3) Participate in a EPA or State certif ed local brown-field clean-up effort: 1 year {4) Achieve LEED "Silver" status: 2 years {j) Special Business Focus Technology-based businesses {new initiative by existing company or start-up}: 5 years Operate a Green Businesses {80% of sales are "green" products or services); 2 years {I) Special Location Consideration The project is located and continues to operate within any specific geographic area targeted by the City for special property tax phase-in credit. These special geographic areas include: {i) Central Business District (CBD) {ii) East Bank Development Area {EBDA} (iii) South Side Development Area (SSDA) (iv) Urban Enterprise Zone (UEZ) Additional Credit Available: 2 years Sec. 2-83 City's Please-In Schedule Property Tax Payments may be adjusted to reflect Tax Phase-ln Credits earned during the term of the Phase-In in accordance with the following schedule. 16 Percent of Taxes Due Based IJ on Total Phase-In Credits Earned 10 100 100 100 100 100 100 100 95 9 100 100 100 100 100 100 89 90 ,~ S 100 100 100 100 100 88 78 80 7 100 100 100 100 $6 75 67 70 ~ 6 100 100 100 83 71 63 56 60 ~ 5 100 100 80 67 57 50 44 54 0 4 100 75 60 50 43 38 33 35 ~ 3 67 50 40 33 29 25 22 24 2 33 25 20 17 14 13 ll 5 z o 0 0 o a o a o 3 4 5 ~ 7 ~ 9 10 Length of Earned Tax Phase-In Total Tax Phase-In Credits earned equal the total of the Base Phase-Tn Credits and Bonus Phase- In Credits earned by the applicant, in accordance with the following: Base Phase In Creclits During the first three years of a phase-in, the Base Impact Measures for Investment must reflect actual investments as constructed or installed. The Base impact Measures for net new jabs, existing jobs, and wages may reflect the estimates of these impacts. During year four and thereafter of a phase-in, the Base Impact Measures for Investment must reflect actual investments as constructed or installed, and must reflect actual performance far the Base Impact Measures credits associated with the Base Impact Measures for net new jobs, existing jabs, and wages. Bonus Phase-in Credits must reflect actual performance achieved, in accordance with the following: During the first three years of a phase-in, Bonus credits must reflect actual performance achieved during the previous calendar year per Section 2-81. 17 During year four and thereafter of a phase-in, Bonus credits must reflect actual performance achieved during the previous calendar year per Section 2-82. DIVISION 3. INFORMATION REQUIRED OF APPLICANTS SEEIKING TAB PASE-IN CREDITS Sec. ~-84.8 Designation appiicatian required» (a) Owners must frle. Owners of real property or new manufacturing equipment located within the City may petition the Council on forms provided by the City Clerk for real or personal property tax phase-in consideration. All information and attachments required by the designation application must be completed and filed with the City Clerk together with a filing fee set forth below to cover the review, processing and administrative costs of the Community and Economic Development Department and City Clerk. However, the fling fee charged for fling a designation application for a parcel that contains one (1) or more owner- occupied, single-family dwellings may not exceed the cast of publishing the required notice. {b) Schedule of fees. The application/review and Clerk's Office fees set forth below must be paid by the applicant to the City Clerk simultaneous with the filing of application or petition for real or personal property tax phase-in consideration. (1) Real property: (i) Application/review: $350 (ii) Clerk's Office: $250 (2) Personal property: {i) Application/review: $350 (ii) Clerk's Office: $250 The application review and City Clerk's components of each of the above fees are nonrefundable. (c) Fees collected under this section shall be deposited as follows: {i) Office of the City Clerk, fee of two hundred fifty dollars ($250.00) to the General Fund; and (ii) All other fees to Fund 212 to be used by the Community and Economic Development Department. {d) Petition Information. Applicants are to utilize the forms developed and provided by Community and Economic Development Department, 1$ (e} Power of Attorney. If a person other than the person signing the application is to represent the applicant at any meeting of the Community and Economic Development Committee or .other Council, a duly executed Power of Attorney authorizing such representation must be on f le with the City Clerk. Sec. 2-84.2 Statement of benefits, declaratory and confirmatory resolutions required. (a) In addition to the completed petition, filing fee, and related documents required by section 2-$3.1, the owners of real property or New Personal Property must file a completed statement of benefits form at the time of filing the petition. (b} Proposed forms of declaratory and confirmatory resolutions are also required of the owner at the time of filing the petition. (c) Petitioners must agree to work with the Community and Economic Development Department in providing it with any additional information required for their review. Petitioners must further agree that they will comply with the requirements of the Redevelopment Design Review Committee where applicable, anal provide information to WDS, and the Council's Community and Economic Development Committee. (d) The provisions of IC 6-1.1-12.1-1 et seq. shall be followed by the designating body when reviewing such documents required by this section. Sec. 2-84.3 Petitioner's Claims for Phase-In Credits, (a) The granting of a credit for real and/or personal property tax abatement shall be governed under the terms and conditions of this Article including the current Schedules found in Division 2 above. (b) In the Statement of Benefits and the Compliance with Statement of Benefits Real Estate Improvements (Form SB-llReal Property and Form CF-1/Real Property), and in the compliance with Statement of Benef is Personal Property (Form CF-1/PP), Petitioner shall execute a statement under the pains and penalties for perjury that the items disclosed in the forms are true and correct, and the Petitioner is only claiming the Phase-In Benefits permitted under this Article and the Schedules attached thereto. (c) Accordingly, if the Petitioner fails to accurately describe the Phase-Ins to which the Petitioner is entitled, and the activity which justifies the Phase- In Credits, the person executing the forms shall be subject to the penalties for perjury under the laws of the State of Indiana. {d) The Community and Economic Developmen# Department shall utilize information required to be filed by the Petitioner in the SB-1, CF-I, and 19 CF-I/PP forms in its annual review and in reporting to the Council. To the extent necessary the Community and Economic Development may request additional information from the applicant to supplement the information contained in the forms. Sec. 2-84.4 Annual summary to be prepared by Community and Economic Development Department. ~a) On or before March 3 l of each year, the Community and Economic Development Department shall file an annual report with the City Clerlt and Council summarizing all tax phase-in activity for the past calendar year. The report shall include, but not be limited to, a copy of the County Auditor's information published by the County Auditor as required by IC 6- l . l -12.1-8. Sec. 2-84.5 Review of tax phase~in procedures by Council. (a) In calendar years ending with an even number, the Council shall review its tax phase-in procedures set forth in this article. {b) The review shall be conducted by the Council's Community and Economic Development Committee with a report of its f ndings being presented to the full Council on or before October 1 of such years. (c) Nothing in this section prohibits a more frequent review of such procedures. Section Tl. This Ordinance shall be in full force and effect from and after its adoption by the Common Council, approval by the Mayor, and any publication required by law. SIGNATURES CONTAINED ON FOLLOWING PAGE] 20 Member, South Bend Con~non Co~li it Attest: City Clerk E~ ~ . Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20I0, at o'clock .m. ' City Clerk Approved and signed by me on the day of 2010, at o'cIock .rn. Mayor, City of South Bend, Indiana proj ectF~tTaxAbatel.., ... ,IZ AN2. I_ORIJ 1 st READiI~G ~ ~ ~'~ r ~ Pt1~LIC HEARING 3 rd R~ADII~iG Nr3 APPROVED ~',EFERRED PA55ED 2l 1200 CotmrrY-CtrY Burt.r7rrtc .227 W. JEFeE>xsoty BOULEVARD SortTx BErto, 1ND[ANA 46601-1830 PKOrrE 5741235-9371 PAX 5741235-9021 TDD 5741235-5567 CITY pF SOITTH BEND STF.1'HEN J. L[TEGKE, MAYOR COMMUNITY $L ECONOMIC DEVELOPMENT ]1;FF1tEY V. G1srrlrY EXECi1T1VE DIRECTOR Augusts, zalo ~~.~ ~- Mr. Derek Dieter, President South Bend Common Council 4th Floor, County-City Building South Bend, IN 46603 RE: Maple Lane and 5R 23 Annexation Area Dear Mr. Dieter: ~ .~~_ Bill Number 46-10 is a voluntary annexation proposing to annex contiguous territory to the City of South Bend. The Annexation Area is proposed to be zoned "~" Office upon annexation. The Indiana Code requires that voluntary annexation ordinances be advertised 20 days before public hearing, and adopted no earlier than 14 days after the public hearing. Fiscal plans, required of all annexations, must be adopted after the public hearing of the annexation ordinance. f am requesting thak the following sthedule be followed: Public hearing (second Reading): October 25, 2010 #tearing on fiscal plan f;by resolution}: October 25, 2010 Adoption (Third Reading}: November S, 2010 The interruption in the Second Reading is due to the Fiseaf Plan having to be scheduled before the Board of Public Works, the Board of Public Safety, and the zoning proposal to be heard by the Area Plan Commission. if you have any questions, please feel free to contact me at 289-1066 x 223. Thank you. incereiy, ~ .~ .~:2 Jeff Vittan Planner, Division of Community Development cc: Area Plan Commission Kathy-Cekanski-Farrand, Attorney, Common Council Al Kirsits, Chair, Zoning & Annexation Committee COMMUNITY DEVELOPMENT EGOt34MIG DEVELOPMENT FrNAIVCIAL SL PAOGIUIM PAAFBi.A C. MEYEA DOPSALD 1;. INKS MANAGEr14F,N"r 5741235-9660 574/235-9371 ES.17,~5HE'TH LEONARD Fax: 5741235-9697 574!235-9371 Araa Plan C®mr~~ssi®~ of St. Joseph bounty ~ ~ 4o county-city Building South Bend, Indiana 466oi John W. Bynrni Larry P. Magliozzi Execu#ive Director Assistant Director Phone 574 235-9571 www.s#jasephcauntyindiana.com/areaplan Fax 574 235-9813 September 22, 2010 The Honorable Council of the City of South: Bend 4th Floor, County-City Building South Bend, 1N 4ti601 RE: A proposed ordinance of Stadium Flace Developers, LLC to zone from R Single Farraily District (County} and PUD Planned Unit Development District (South Bend) to PUD Planned Unit Development District (South Bend), property located at 54703, and 54719 Willis Avenue and 1855 Vaness Street, City of South Bend - APC# 2566-10 Dear Council Members: I hereby Certify that the above referenced ordinance of Stadium Place Developers, LLC was legally advertised an Thursday, September 9, 2010 and that the Area Plan Commission at its public hearing on Tuesday, September 21, ZOI O took the following action: Upon a motion by Richard Warner, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance of Stadium Place Developers, LLC to zone from R Single .Fancily District (County} and PUD Planned Unit Development District (South Bend) to PUD Planned Unit Development District {South Bend), property located at 54703, 54719 and 54739 Willis Avenue and 1855 Vaness Street, City of South Bend is sent to the Commmon Council with a favorable recommendation. The petition is consistent with recent developments in this area. Frevious approvals for this and surrounding sites has established Vaness Street as a higher density, pedestrian-orientated area, connecting the University of Notre Dame campus with the State Road 23 commercial business corridor. 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, .. ohn W. Byorn JWB;jsc Attachment CC: Stadium Place Developers, LLC, Danch, Horner & Associates, Inc. • ~ ~ ~~ Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and SY. Joseph County, Indiana staff Report APC # 2566-10 Qwner: Stadium Place Developers, LLC Location: 54703, and 54719 Willis Avenue and 1855 Vaness Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting an annexation and zone change from R Single Family District (County) and PUD Planned Unit Development District (South Bend) to PUD Planned Unit Development District (South Bend) to allow a residential planned unit development which will allow more than two unrelated persons per unit. Land Uses and Zoning: On site: On site are three existing apartment buildings and two single family residences. North: To the north is an undeveloped parcel zoned R Single Family District and amulti-family townhome development (Irish Crossings) zoned PUD Planned Unit Development District, both in the County. East: To the east is asingle-family home zoned R Single Family District in the County. Across Willis Avenue is an automobile retail and service business zoned C Commercial in the County and a multi- family tawnhome development zoned MF2 High Density Multifamily District in the City. South: To the south across Vanes Street are apartments zoned MF2 High Density Multifamily District and amulti-tenant retail center zoned CB Community Business District bath in the City. West: To the west across Burdette Street is amulti-family tawnhome development zoned MF 1 Urban Corridor Multifamily District in the City. District uses and development standards: The Planned Unit Development (PUD} District is designed and intended ta: encourage creativity and innovation in the design of developments; provide for more eff cient 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. Stadium Place Developers, LLC #2566-10 Page 1 of 3 Site plan description: The 3.66 acre site includes three existing three story apartment buildings. One additional three story apartment building is proposed. The four buildings will contain 11 i dwelling units and will cover 42,300 square feet or 28% of the site. The overall density is 30 dwelling units per acre. The paved areas will cover 80,100 square feet or 53% of the site. The remaining 2$,753 square feet or 19% of the site will be open space and landscaped areas. The number of parking spaces as proposed does not meet the current standards of the South Bend zoning ordinance for multifamily residential, which is two spaces per unit. A total of 173 parking spaces are provided far the 111 dwelling units, which equals 1.56 spaces per dwelling unit. Zoning and land use history & trends: In 2006, the site was proposed to be developed as a 60 unit condominium hotel (APC #2403-06). All the units were proposed to be individuality owned. In November 2008, the Ciry Council passed a rezoning and annexation for a portion of the subject property from R Single Family District (County) and MU Mixed Use District (City) to the PUD Planned Unit Development District (South Bend) to allow for the construction of three apartment buildings (APC #2480-08}. Traffic and transportation considerations: Vaness Street, Willis Avenue and Burdette Street are two-lane roads. Utilities: The site will be served by municipal water and sewer from the City of South Bend. Additional information: {Agency comments) The Building Department commented that additional landscaping is required around the dumpsters. This concern was addressed on a revised preliminary site plan. The Division of Engineering and Public Construction has no comcr~ent. 5 Criteria (per IC 36_7-4-603}: i. Comprehensive Plan: Policy Plan: Ci of South Bend - Ci Plan November 2006. Objective HI.1 Encourage residential developments to contain a mix of housing types, densities, price ranges and amenities. Objective H5.1 Promote the variety, style, and affordability of the housing stock. Stadium Place Developers, LLC #2566-10 Page 2 of 3 This petition is consistent with the City of South Bend Comprehensive Plan (City Plan) objectives for housing. Land Use Plan: City of South Bend -City 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. The F~~~re Land Use map identifies this area as mixed use. This rezoning is consistent with the Future Land Use Map. 2. Current conditions and character: The area surrounding Vaness Street, Willis Avenue, and Burdette Street has a variety of uses. To the north between Vaness and Burdette Street, there is one vacant lot and the .Irish Crossings townhouse development, while the south side of Vanes Street contains the Turtle Creek Apartment complex. The character of the area between State Road 23 and Vaness Street and the area east of Willis Avenue is commercial and multifamily. The character of the area west of Burdette Street is multifamily residential. 3. Most desirable use: The most desirable use is high density residential. 4: Conservation of property values: The surrounding commercial and multifamily property values should be conserved with the PUD rezoning. 5. Responsible development and growth: It is responsible development and growth to allow sites to be appropriately developed when compatible with the surrounding area. Recommendation: Based on information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation. Analysis: The petition is consistent with recent developments in this area. Previous approvals for this and surrounding sites has established Vaness Street as a higher density, pedestrian-orientated area, connecting the University of Notre Dame campus with the State Road 23 commercial/business corridor. Stadium Place Developers, LLC #2566-10 Page 3 of 3 Rezoning from: '°PUD°' PLANNED UNIT DEVELOPMENT (CITY} & "R" SINGLE FAMILY DISTR to "PUD" (CITY} PLANNED UNIT DEVELAPMENT DISTRICT Zoning Key COUNTY, "C" COMMERCIAL COUNTY "R" SINGLE FAMILY DISTRICT 0 COUNTY "PUD" PLANNED UNIT DEVELOPMENT SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT ~~~~ SOUTH BEND "MF2" HIGH-DENSITY MULTIFAMILY DISTRICT SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT `~ SOUTH BEND "PUD" PLANNED UNIT DEVELOPMENT N W E S 1 inch = ~ 50 ~ee~ A~~ 25ss®~o ORDINANCE NO. AN ORDINANCE OF THE COIVIMOIV COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT: 4 E. Leroy & Patricia Yoder 37904 State Road 23 South Bend, Indiana 46635 5TATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 0.27 acres Iocated in Clay Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the Iand in the territory sought to be annexed and zoned. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as .follows: 5ECTiON I. That the following described ,real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight {1/$) of its aggregate external boundaiies with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A parcel of land being a part of the West half of Southwest Quarter of Section 32, Township 38 Forth, Mange 3 East, Clay Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Southwest comer of Lot 238 Maple Lane Subdivision; thence !North along the West line of said Lot 238 and its projection 1Vorlh to the ldorthwesferty right-of way line of State Road 23; thence Afortheasterfy along said IVorthwesterlyright of--way line of Stafe Road 23 to its intersection with the Northerly projection of the East line of said Lot 238; thence South along the East line of said Lot 238 and its projection !North to the Southeast comer of said Lot 23$; thence West along the South Iine of said Lot 238, a distance of 49.30 feet to the place of beginning. Yoder{?rdinenceWthRemning. t!x SECTION II, That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the coning classification of the following described real estate, with the exception of alI adjacent rights-of-way, in the City of South Bend, 5t. Joseph County, State of Indiana be and the same is hereby established as OB Office District; provided, however, that the required, established, and stated procedures fox review of such zoning classification by the Area PIan Com3nission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Coma~x-on Council, approval by the Mayor, and Iegal publication. Attest: City Clerk MEMBER OE THE COMMON COUNCIL Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2010, at o'clock T m. City Clerk Approved and signed by me on the day of .2010, at o'clock _._,.m. Mayor, City of South Bend, Indiana :, T st REACii~a ~ - P~;aLIC f~ltAR~P~iG 3 rd READIhfG NO7 APPROYf~ f~FERRE~ pleader' r,dinWAARet~inp.doc PETITION FQR THE VQLUNTARY ANNEXATION IN'xQ and THE ZONING OF Tf IE ANNEXED LAN17 IN THE CITY OF SO~E.TTH BEND, INDIANA 1(We) the undersigned, make application to the Common Councd of the City of South Bend, Indiana, f©r the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in Clay Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm{s) as follows: 1) I (We) am/are the owner(s) {hereinafter "petitioner" or "petitioners"} of a parcel of land more particularly described in Exhibit "A". 2} Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, and be granted a zoning designation as herein requested, both by proper ordinance. 3) That this Petition is signed by at least one-hundred percent (Z00~) of the owners of the land in the territory sought to be annexed 4) The property sought to be annexed and rezoned is located at: 17904 State Road 23, South Bend, Indiana 46635 S) The Property Tax Key Irlumber(s) is: 002-2077 3501 6) The name and address of the property owner(s) of the petition site is/are: E. Leroy & Patricia ~'oder 29712 Peavine Street Dawagfac, Michigan 49047 7') The name and address of the contingent purchaser(s), i£ applicable, is/are: N/A $} The parcel is 0.27 acres in size and currently has the fallowing uses} on it: Office space. 9) Number of people currently residing on the property: N/A 10) It is desired and requested that the petition site be rezoned YoderMepleL~e238Pe4itionWiMrHeaoninp.doc F' .-fir :" ~•- :~~i:r'-~~~~`;.~~%L`+", kl'• iii;1;)fr',i•~~r---F. +t:<~,r,iF':~:~.°d :~i: -i. ..~t-~=i+ s ~'ii~'~.'.J; i <t list' „!t .:7Ei;t:t'cr. 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'}!:J', .ai 'S '.3 ~ ~, i,a ~. ~r, is ,37; :. FII~~ ~~ ~~~t4~'~ C~~fi~c® CITY C! ~,}, Fsw~~'1, IN, 2200 Cntmlrr-Crrr BuILnINc 227 W. j~x~~snN Snul.EVaxn SauTH BI;Nn, 2xotn~va 46602-1&3q PHONE 5741 23 5-937 2 Pax 574/ 235-9022 'T'DD 5741235-5567 CrTY o~ Sourx Br_rvD STEPHEI~3 J. Lv2;crc~, MAYQR C®MIvIUNITY ~C®N®MIC I)EVELOI'MEN'I' JEFFILEY V. GrsNEY EXECUTIVE DrxECxQR August 6, 2010 Mr. Derek Dieter, President South Bend Common Council 4th Floor, County-City Building youth Bend, 1N 46b01 Rf: Stadium Place Phase Two Annexation Area Dear Mr. Dieter: 8"rll Number 47"-1Q is a voluntary annexation propasing to annex contiguous territory to the City of South Bend. The Annexation Area is proposed to be zoned "PUR" Planned Unit Development upon annexation. The Indiana Code requires that voluntary annexation ordinances be advertised 2Q days before public hearing, and adapted no earlier than 14 days after the public hearing. Fiscal plans, required of a[I annexations, must lae adapted after the public hearing of the annexation ordinance. F am requesting that the fallowing schedule be followed: Public hearing (Second Reading): l7ctober 25, 2010 Hearing on fiscal plan (by resolution]: October 25, 2010 Adoption [Third Reading); November S, 2010 The interruption in the Second Reading is due to the Fiscal Plan having to be scheduled before the Board of Public Works, the Board of Public Safety, and the zoning proposal to be heard by the Area Plan Commission. if you have any questions, please feel free to contact me at 289-1066 x Z23. Thank you. Sincerely, ,.2 elf Vit an ~ Planner, Division of Community Development cc: Area Plan Commission Kathy-Cekanski-Farrand, Attorney, Common Council Al Kirsits, Chair, Zoning & Annexation Committee CQMMUNTTY DEVELOPMENT Ecoxon~~c D>;v~rorM~N~r Frxarzcrnr. & Pxocaal~ r'AhiELA C. MEYER [~ONALa E. INKS MANAGEMENT 574/235-96{,p 574!235-9371 ELIZABETH LEONARp k~nx: 574/235-9697 5741235-9371 area Ptan C®mmissi®n of Sta J®seph County 1140 County-City Building South Bend, Indiana 4fi601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Rhone 574 235-9571 www.stjasephcountyindiana.com/areaplan Fax 574 235-9813 September 22, 2010 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, 1N 4b601 RE: A proposed ordinance of E. Leroy & Patricia Yoder to zone from O/B Office Buffer District (County) to OB Office Buffer District (South Bend), property located at 17904 State Road 23, City of South Bend - APC# 2SGS-10 Dear Council Members: I hereby Certify that the above referenced ordinance of E. Leroy & Patricia Yoder was legally advertised on Thursday, September 9, 2010 and that the Area Plan Commission at its public hearing on Tuesday, September 21, 2010 took the following action: Upon a motion by John Del,ee, being seconded by Ann Puzzello and unanimously carried, the proposed ordinance of E. Leroy & Patricia Yoder to zone from O/B Office Buffer District (County) to OB Office Buffer District (South Bend), property located at 17904 State Road 23, City of South Bend is sent to the Common Council with a favorable recommendation. The conversion of a vacant office structure to a personal service business is compatible with the mixed land uses within the area. !t provides a transition zone between the businesses to the southwest and the offices to the northeast, while establishing a buffer zone protecting the southern residential neighborhood. The surrounding property values should be conserved with the rezoning. The deliberations of the Area Plan Commission and paints 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, W ~~~ ~~~6hn W. B ornt(J y JWB jsc Attachment CC: E. Leroy & Patricia Yoder Serving South Bend, t.akeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Re ort APC # 2555-14 Owner: E. Leroy & Patricia Yoder Location: 17944 State Road 23 Jurisdiction: City of South Bend Requested Action: The petitioner is requesting an annexation and zone change from OB OffceBuffer District (County) to OB Office Buffer District (City of South Bend) to use an existing structure for a massage therapy business. Land Uses and Zoning: On site: On site is an existing office structure zoned OB Office /Buffer District (County). North: Across State Road 23 to the northwest are two buildings each with one store front zoned B Business District, and a financial services office zoned C Commercial; to the northeast is asingle-family house zoned RSingle-Family Residential District, and a professional office zoned OB OfficeBuffer District. East. To the east is a professional office zoned OB OfficeBuffer District. South: To the south is asingle-family house zoned R Single Family District. West: To the west across Maple Lane Avenue is a dry cleaning business zoned LB Local Business District in the City of South Bend. District uses and development standards: The OB Office Buffer District is established to promote the development of small scale office, professional, business, governmental and quasi-government uses. Since the types ofpermitted uses in the OB District aze typically less commercial in appearance and are architecturally more harmonious with residential structures, this district can serve as a buffer between residential districts and more intense commercial or industrial districts. The OB District may also serve as a gradual and reasonable transition between major thoroughfares and residential districts. The OB District development standards are established to assure small scale developments. Site plan description: The site is 6,638 square feet (4.1 S acres). There is an existing office structure and garage totaling 1,153 square feet covering 17% of the site. Hard surfaces, including a two space parking area, stoops, and sidewalks, cover I4% of the site. The remaining 59% of the site is open space and landscaped azeas. There is an existing driveway near the south property line on Maple Lane Avenue which provides access to a one stall garage. The driveway and garage provide a total of 3 parking spaces. E. Leroy & Patricia Yoder #2555- I O Page 1 of 3 City of South Bend -City Plan~,November 2004 LU 2.2. Pursue a mix of Iand uses along major corridors and other locations identified on the Future Land Use Map. The rezoning is consistent with this policy. Land Ilse Plan: City of South Bend -City Plan, November 2006 The Future Land Use map identif es this area as mixed use. The rezoning is consistent with the Future Land Use Map. 2. Current conditions and character: The site is currently an unoccupied ot~ice building. The character of the area is a mixture of business, office and residential land uses. 3. Most desirable use: The most desirable land use is low-intensity office, service, or single-family residential. 4. Conservation oFproperty vetoes: The surrounding property values should not be affected by the approval of this rezoning. ~. Responsible development and growth: It is responsible development and growth to allow a personal service business to be located along a major thoroughfare. Recomnaendatinn: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Analysis: The conversion of a vacant office structure to a personal service business is compatible with the mixed land uses within the area. It provides a transition zone between the businesses to the southwest and the offices to the northeast, while establishing a buffer zone protecting the southern residential neighborhood. The surrounding property values should be conserved with the rezoning. E. Leroy & Patricia Yoder #2545-10 Page 3 of 3 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE zONING ORDINANCE FOR PROPERTY LOCATED TN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, STADIUM PLACE DEVELOPERS, LLC, JEAN C. JOHNSON-TRUSTEE FOR THE JEAN C. JOHNSON REVOCABLE TRUST, ROBERT A. HOWLAND, JR. AND GLENN & KAYE BLOSSOM (PETITIONERS) 54700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition, for the voluntary annexation and for the zoning of 2.20+/- acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100 of the owners of the land in the territory sought to be annexed, it is the intent and purpose of the Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY DF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by mare than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South fiend: ANNEXATION LEGAL DESCRIPTION PARCEL I. (ANNEXATION ~ REZONING): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESGRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT # 26 IN fiHE PLAT OF "VANESS PLAT" AS RECORDED IN PLAT BOOK # 11 DN PAGE # 13 THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENGE NORTH A DISTANCE OF 264.$0 FEET MARE DR LESS ALONG THE WEST LINE OF SAID LOT 25, LOT 27 AND A PORTION OF LOT 28 IN .SAID FLAT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 28, A DISTANCE OF 356.00 FEET MORE OR LESS TO THE EAST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 269.80 FEET MORE OR LESS; THENCE WEST 356.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 2.20 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL II. (REZONING): THAT PART OF THE SOUTHEAST ¢UARTER OF SECTION 31, TOWNSHIP 3B NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING A POINT AT THE INTERSECTION OF THE NORTH RIGHT- OF-WAY LINE OF VANESS STREET AND THE WEST RIGHT-OF-WAY LINE OF WILLIS AVENUE; THENCE WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID VANESS 2 STREET, 504.00 FEET MORE OR LESS; THENCE NORTH, 119.80 FEET MORE OR LESS; THENCE WEST, 8$.58 FEET MORE OR LESS, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE, 194.70 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR LESS; THENCE SOUTH 194.70 FEET MORE OR LESS; THENCE EAST 296.00 FEET MORE OR LESS TO THE WEST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAX LINE, 119.80 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 2.71 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. That the boundaries of the City of South Bend, Indiana, sha11 be and are hereby declared to be extended sa as to include the real estate of the above described Parcel I as a paart of the City of South Henri, Indiana. SECTION iii. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the above described real estate in Parcels I & II, with the exception of all adjacent rights-of~-way, is hereby established as PUD ~- Planned Unit Development District, in the City of South. Bend, St. Joseph County, State o£ Indiana; provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in fu11 force and effect 30 days from and after its passage by the Common Council, approved by the Mayor, and legal publication. Member of the Co:pman Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the Day of , 2 , at O`clock M. City Clerk 3 Approved and signed by me on the 2 , at O'clock .M. Mayor, City of South Bend, Indiana 5t REAT~iNG ~^`~- `~~ ~ =UBLiC i~EARIl~IG 3 rd READING SOT APPROV£~ ~ ~ 2FFERRE~ I`'i' ` ~~ ' ~ ~.~ A4CSEE] ,.._ Day of ~E~'G " 4 2010 ~f~>fn~ 4C=ti+r"vE c~r~rs,:f~~, pan. ~~~:~a~, tit ~~~ r j ;°W ~~'r !J PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNE7~D LAND IN THE CIT3C OF SOUTEi BEND, INDIANA We the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in Clay Township, St. Joseph County, Indiana, and in support of which Petition allege (s} and affirm (s) as follows 1). We are the owner(s) (hereinafter "getitioners"} of a parcel of land more particularly described in Exhibit "A". 2}. Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, and be granted a zoning designation as herein requested, both by proper ordinance. 3). That this Petition is signed by at least (CiiECK ONE}: X a. one-hundred percent (100$) of the owners of the land in the territory sought to be annexed; OR _ b. fifty-one percent (51~k) of the owners of the land in the territory sought to be annexed; OR c. the owners of seventy-five (75~) of the fetal r assessed value of the land for property tax. purposes. 4). The properties sought to be annexed and rezoned is located at: 54703 Willis Avenue, South Bend, Indiana 46637, 54719 Willis Avenue, South Bend, Indiana 46637, 1855 Vaness Street, South Bend, Indiana 46637 5). That the name and address of the property owners} of the petition site era: Jean C. Johnson-Trustee of the Jean C, Johnson Revocable Trust 54703 Willis Avenue South Bend, Indiana 46637 Tax Key Nos. 02-1106-5384.01 1574) 272-5359 Stadium Place Developers, LLC B22 Main Street Lafayette, Indiana 47942 (765) 429-4044. Tax Key Nos. 02-1106-5383, Tax Key Nas. 02--1106-5389.01 Tax Key Nos. 02-1106-5389 Tax Key Nos. 02-1106-5393.02 Tax Key Nos. 02-1106-5393.01 Tax Key Nos, 02-1106-5394 Tax Key Nos. 02-1106-5395 Glenn & Kaye Blossom 42 Welsh Road Essex Fells, NJ 17021 Tax Key Nos. 02-1106-5384 (71B} 984-6838 P. v`; rJ .~i,` ~~~~r~ a 6). That the name and address of the contingent purchaser(s), if applicable, is: Stadium Flace Developers, LLC 822 Main Street Lafayette, Indiana 47902 {765) 429-4044. 7). Parcel I, the property' to be annexed is 1.14+/- sates in size and currently has the following use{s) on it: Single-family homes. Population {3). Parcel II, the property to be rezoned 2.86+/- acres in size and is presently in the City and contains a three (3) three- stary buildings far previously approved student housing. 8). It is desired and requested that the petition site be rezoned: Parcel I.: (Anticipated Build-out year - 2012) From: R - Single Family Aistriet {County Zoning) Ta: PUD - Planned Unit Development District Parcel II.: (Existing Buildings) From: PU.t~ - Planned Unit Development District To:T PUD - Planned Unit Aevelopment District far the following uses: Residential Planned Unit Development as allowed under the PUD - Planned Unit Development District Zoning classification. 9). The Fallowing .information has been submitted with the Petition: a). 1. A legal description of the property, titled as Exhibit uAn~ 2. A list of names and addresses of all property owners, along with the tax key numbers for all properties, within 300 feet of the petition property; 2a. 17 Copies of site plan. 3. Addressed, stamped envelopes far all property owners within 300 feet of the petition property. b). By signing this petition, I/We and any contingent purchaser understand that if the Council approves this petition to annex and zone, it may be approved subject to the submittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one {1) year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to its former zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. 3 ~.Oj. The signature(s.} off' a3.2 property owner{s), or Attorney fvr ail property or'vner (s} . lI) . Ma.3eage of near roadway {proposed} within the petition is 03.0.5 Files . This mileage vri3..I. only include the area of Willis Avenue annexed w~.th tkxa.s ~aetitio~ Signed: ~`.om Traegas rbr Stadium Place Developers, I,LC $22 3+4arL Stretat Lafayette, Indiana 47902 (75'5} 42.9-4044. tee Hof the ,lean ohnson Revocab3.e Trtz 547Q3 Willis Av'eiiue South Band, ~iidana 46b37 (r`"l~) 272--359 /32 Welsh Road Essex Fells, N~7' 0"021 { t A. ~ Howa}.2rfid, Jr . South ~z#i-~~dana 46637 No . } Kaye Hl som 42 Welsh Road Es-sex Fells, NtT, 07021 12). Name, Address 6 Thane Nt~bez of Contact Persgra/Pxeparer: Danch, darner & Associates, Zno, C/O Michae]. ]3anch 1643 Cornxi~urce Drive South Sand, Intliana 46628 {a74) 234-4'0{3. ~~.~ ~ 7 2014 ant?~~ vou~~ fit''Y~i.{~PK, ~~. B~'ti0, lf1.