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HomeMy WebLinkAbout10-11-10 Council Agenda & Packetv0da1. � 16T:1 SOUTH BEND COMMON COUNCIL MONDAY, OCTOBER 11, 2010 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS IraOTAINFI-35TIE A. SARA STEWART - RECAP FOR THE YEAR ON THE UNITY GARDENS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: (BILLS 53 -10 AND 54 -10 COUNCIL PORTION ONLY) BILL NO. 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 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 SHALT, TAKE EFFECT 25 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS 61--10 PUBLIC HEARING ON A BILL 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 8. BILLS, THIRD READING TIME: BILL NO. 53 -10 THIRD READING 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 THIRD READING 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 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 25 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,. INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS 61 -10 THIRD READING ON A BILL 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 9. RESOLUTIONS BILL NO. 10 -48 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1400 WEST RIVERSIDE DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, LLC AND AFFILIATES AND EQUIPMENT LESSORS 10 -49 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 W TUCKER DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, LLC AND AFFILIATES AND EQUIPMENT LESSORS 10-50 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 926 NORTH ST. PETER STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MARKUS AND KRUPALI KRUSCHE 10 -51 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, NOW COMMONLY KNOWN AS 219, 223, 227, 208, 212 AND 228 NOTRE DAME AVENUE AND 827 WAYNE STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABA'T'EMENT FOR KENDALL-WEISS, LLP 10 -52 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR A BROWNFIELD ASSESSMENT GRANT 10 -53 A RESOLUTION OF THE COMMON COUNCIL. OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR A BROWNFIELD CLEANUP GRANT 10 -54 A RESOLU'T'ION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE ST. JOSEPH COUNTY MULTI - HAZARD MITIGATION PLAN 10. BILLS, FIRST READING BILL NO. 62 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $508,976.00 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 COMMUNITY DEVELOPMENT IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 63--10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $118,414 WITHIN FUND 212 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM 64 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $2,596,651 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2011, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 65--10 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR APPROXIMATELY 84 ACRES LOCATED AT THE SOUTHEAST QUADRANT OF SAMPLE STREET AND PRAIRIE AVENUE, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS A. UPDATE ON BILL 30 -10 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR NEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. CouNw -Crrr SuiwjuG 227 W. JEFFERSON BOULEVARD Saum SEND. IN 4mol August fib, 2010 �soUT ,& . to 1965 J CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF AmNIS iRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER Mr. Derek Dieter, 'resident South Bend Common Council e Floor County City Building 227 W. Jefferson Blvd. South Bend, IN 46601 PHONE 574-235 -9216 FAX 574 -2$5 -9928 re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Several Departments of the Civil City of South Bend for the fiscal year ending December 31, 2011 Dear Council President Dieter: Attached herewith please find a bill for Common Council consideration appropriating monies for the City of South Bend for civil city expenditures for the fiscal year ending December 31, 2011. The ordinance attached is submitted for 1t read filing with the Common Council for the meeting scheduled on August 23, 2010. I will present the aforementioned bill at the Common Council's appropriate Personal & Finance Committee meeting and at the public hearing intended for September 27, 2010. Respec ' ly submitted, Gregg D. 'entara cc: Stephen J. t-uecke, Mayor of the City of South Bend r`i �1 qd (299) Police Federal Drug Enforcement Fund (313) Hall of Fame Debt Service Fund (377) Professional Sports Development Fund (401) Coveleski Stadium Capital Fund (403) Zoo Endowment Fund (404) County Option Income Tax Fund (405) Park Department Non - Reverting Capital Fund (406) Cumulative Capital Development Fund (407) Cumulative Capital Improvement Fund (408) County Economic Development Income Tax Fund (409) Cumulative Sewer Fund (410) Urban Action Development Grant Fund (412) Major Moves Construction Fund (416) Morns. Performing Arts Center Capital Fund (434) CRED Fund (450) Palais Royale Historic Preservation Fund (655) Project Rel..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 SECTION Ill. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. V) -�� i Member of the Common Council Attest: a*a on ih9 p City Clerk Presented by me to 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 2 , at o'clock .m. Mayor, City of South Bend, Indiana 1st READIN" 9—L-3—(O PUBLIC HEARING 3 rn' RE A,.,)1NG NO, Ai3PROYED REFERRED PASS1 D � 1'� �, ♦. r. c� eK, a t ..r '; ��i�� Couwy -cay BuMNQ 227W, JEFFERSON BOULEVARD SOUTH BEND, IN 46WI August 18, 2010 50 U T11 i 18G5 CITY OF SOUTH SEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ,ZIENTAIRA, CITY CONTROLLER Mr. Derek Dieter, President South Bend Common Council 4t' Floor County City Building 227 W. Jefferson Blvd. South Bend, IN 46501 PHONE 57d-M -9216 FAX 574,235 -9928 re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Designated Enterprise Funds of the City of South Bend for the fiscal year ending December 31, 2011 Dear Council President Dieter: Attached herewith please hnd a bill for Common Council consideration appropriating monies for the City of South Mend for enterprise fund expenditures for the fiscal year ending December 31, 2011. The ordinance attached is submitted for 1'4 read filing with the Common Council for the meeting scheduled on August 23, 2010. I will present the aforementioned bill at the Common CauneWs appropriate Personal & Finance Committee meeting and at the public hearing intended for September 27, 2410. Respectively submitted, 'V Gregg Ile ra cc: Stephen J. Luecke, Mayor of the City of South Bend A Police Federal Drug Enforcement Fund Hall of Fame Debt Service Fund Professional Sports Development Fund Coveleski Stadium Capital Fund .Zoo Endowment Fund County Option Income Tax Fund Park Department Non - Reverting Capital Fund Cumulative Capital Development Fund Cumulative Capital Improvement Fund County Economic Development Income Tax Fund Cumulative Sewer Fund Urban Action Development Grant Fund Major Moves Construction Fund Morris Performing Arts Center Capital Fund CRED Fund Palais Royale Historic Preservation Fund Project ReLeaf Fund Hall of Fame Capital Fund Fire Pension Fund Police Pension Fund Police K -9 Unit f=und Self - Funded Employee Benefit Fund Unemployment Compensation Fund City Cemetery Trust Fund SECTION III, This 0rdinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. mfltT` ber of the Common Counci Attest: �a 7 y�t�d cuas �, City Clerk Presented by me to 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 2 , at o'clock m. Mayor, City of South Bend, Indiana PUS F NOT 1 k REFERRED .__..........:..'.:. .. _. PASSED CITY OF SOUTH BEND STEPHEN J. L,UECKE, .MAYOR OFFICE OF THE MAYOR Mr. Derek Dieter President, South Bend Common Council 4th Floor, county -City Building South Bend, Indiana 46601 Re: Bill 25 -10 Tax abatement — Second Substitute Version Dear President Deiter: October 5, 2010 Attached is the second substitute version of Bill 25 -10 which is an Ordinance proposing significant changes to South Bend's tax abatement process. The first substitute version was submitted solely for typographical and other cosmetic changes. No substantive amendments were made. This second substitute version does not make any substantive amendments. It addresses issues raised in the Technical Review from the City's Economic Development Division and in the legal memorandum from Council Attorney Kathy Cekanski- Ferrand, Various amendments have been made to clarify several clause, sub - sections and paragraphs throughout the document. The most significant amendments are listed below: 1. Sec.2 -76.1 (a) (12) — A explanation was added on how to determine which census tracts should be included in the Economically Distressed Area after each decennial census is completed, and it was noted that a map of the Economically Distressed Area is available in the City Clerk's Office and on the City of South Bend's website; 2. Sec. 2 -76.1 (a) (17) — The number of activities that can be included under "Institutional development" was expanded to include medical or governmental facilities that are both privately owned and taxable; 3. Sec. 2 -76.1 (a) (18) — The description for the term "Local Company" was further clarified; COUNTY -CITY BUILDING • 227W JEFFERSON BOULEVARD * SOUTH FEND, INDIANA 46601 PHONE 5741235 -9261 • FAx 5741235 -9892 • TDD 5741235 -5567 4. Sec. 2 -76.1 (a) (19) —The clause "as maybe amended from time to time" was added to the end of this sub - section; 5. Sec. 2 -76.1 (a) (22) — Definitions for "Multi- Family and Single Family Housing" were added; 6. Sec. 2 -76.1 (a) (28) — A description for "Office Development" was added which lists the kinds of economic activities that may be considered for this type of development; 7. Sec. 2 -76.1 (e) — Indiana Code, the Municipal Code of South Bend, and the United States Code were italicized; 8. Sec. 2 -76.3 (6) and (7) — Clarifications were added to each of these sub- sections to assist with interpretation and application of the Ordinance; 9. See. 2 -76.3 (8) — This sub - section was revised to exempt residential single family home construction and rehabilitation and to exempt construction contractors with fewer than 50 employees or with contracts of less than $50,000 from the requirement of a written Affirmative Action Plan; 10. Sec. 2 -76.4 (1) -a -2 — The number of points that can be awarded to businesses using local university research for a product was increased form 25 to 50 points; 11. Sec. 2- 76.4 -d -1 (Step 1) — The clause "a household" was revised to read "all households "; 12. Sec. 2 -84.7 (c) (22) — This stib- section was clarified to note that only the wages of employees located at the site of the tax abatement are to be utilized for documenting wage rates; 13. Sec. 2 -84.7 (c) (25) — This clause was revised to conform documentation to the requirements for Affirmative Action specified in Sec. 2 -76.3 (8); 14. Sec. 284.9 (d) (3) —'A second reference to the Department of Code Enforcement was removed; 15. Sec. 2 -84.12 (b) — A citation for the Indiana State Code was corrected; 16. Sec. 2 -84.13 (b) — References to using certified mail by the Department of Community and Economic Development to send review forms to petitioners were removed; 17. Sec. 2 -84.13 (c) (6) — This sub- section was clarified to note that only the wages of employees located at the site of the tax abatement are to be utilized for documenting wage rates in annual reviews; and 18. Sec. 2 -84.13 (c) (8) — This sub- section was clarified to indicate that petitioners must meet the wage rates in effect at the time of each annual review in order to remain in compliance. I look forward to presenting this Bill to the Common Council at its meeting on October 11, 2010. Sincerely, Stephen J. Luecke Mayor FUNI In Cler!ek s Offte E U CR LVtV CITY CLUIK, 5C. CEND, IN, SUBSTITUTE BILL 25 -14 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ''VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS � ►I- 9W#T27i1 �lh3. W, AA I ill► -D " On August 15, 2003 this Council effectuated Ordinance #9394 -03 to improve the tax abatement procedure for the City of South Bend, and to articulate its purpose and philosophy. It is now time again to assure that tax abatement promotes mutual benefit to both the City and the abatement recipient. Through this ordinance, tax abatement recipients will provide South Bend with jobs that pay wages and benefits adequate for workers to be self sufficient. Recipients will be encouraged to construct energy efficient buildings and include persons recruited from historically underprivileged groups. This ordinance is intended to achieve the objective of granting tax abatements which assure South Bend of an economically and socially beneficial return, in the best interest of the City and its citizens. 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 -76.1, 2 -76.3, 2.76.4, 2 -77.1, 2.84.2, 2 -84.7, 2.84.9, 2.84.10, 2- 84.12, and 2 -84.13 are hereby amended to read as follows: See. 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 and 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 Common Council and the Chair of the South Bend Common Council's Community and Economic Development Committee. (2) Available for use means publicly advertised at rates not to exceed Section 8 Rental Guidelines for the unit size. (3) 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 time 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. (4) City means the City of South Bend, Indiana. (5) City Clerk means the City Clerk of the City of South Bend, Indiana. (6) Council means the Common Council of the City of South Bend, Indiana. (7) Designating body means the Common Council of the City of South Bend, Indiana. (8) Community and Economic Development Department means the Community and Economic Development Department of the City of South Bend, Indiana. (9) County Assessor means the Assessor of St. Joseph County, Indiana. (10) County Auditor means the Auditor of St. Joseph County, Indiana (11) 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 filed with the City Clerk's Office with notice to the President of the South Bend Common Council and the Chair of the South Bead Common Council's Community and Economic Development Committee. . � �rsssr: �r erseeereae+� rr�r�e� ! n � w�..rsr. �s�:r.� sers� a■ �r. rsrrerrz� �aersse MrM 1111111MEMAXECAMMA2M ------ ow w - r 2 (12) Economically Distressed Area means those Census Tracts in the City that the Council determines have the highest levels of poverty and unemployment, and the lowest levels of median income. According to the 2000 Census these are currently tracts 20, 21, 23, 19, 6, 24, 10, 27, 17, 1, 30, 22, 24, 5, and 4. Beginning with the release of the 2010 Census data, and for each subsequent Census, the following process shall be followed to determine the 15 Census Tracts that will be included in the Economically Distressed Area: (1) For each census tract in South Bend, calculate the following from the decennial census: the poverty rate (from Table P87), median household income (from Table P53), and the unemployment rate (from Table P43); (2) Assign each census tract 3 ranks, one each for poverty, income, and unemployment, with the lowest ranks for those Census tracts with the highest poverty and unemployment rates and the lowest income; (3) Add each of the 3 ranks together to get a total for each census tract. The 15 census tracts with the lowest total scores are included in the Economically Distressed Area. A map of the Economically Distressed Area is available in the City Clerk's Office and on the City of South Bend's website. (1-) LL3) 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 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. A maximum of fifteen (15) percent of the total geographic territory of the City may be designated as Economic Development Target Areas. " L14,) Economic Revitalization Area and ERA have the meaning set forth in 1C 6- 1.1- 12.1 -I ct seq. " LU5 Hard - dollar costs means expenses directly related to the proposed new construction or rehabilitation excluding costs of land, financing, architect, engineering, and attorney fees. " CU6 Industrial development means and includes the economic activities described in major groups 31 through 33 of the North American Industry Classification System -- United States, 2042 manual published by the United States Office of Management and Budget's Economic Classification Policy Committee, which manual is hereby incorporated by reference, with copies being maintained in the Office of the City Clerk. 3 (-I�} � Institutional development means the development of day care, educational, medical or governmental facilities that are both privately owned and taxable. "L1 S Local company means a legal entity that the Council deems to have an existing substantial place of business located in St. Joseph County. The place of business may be an office or other facility. It must contain multiple staff, be equipped to carryout the entity's normal lines of business and be a permanent facility in St. Joseph County that has been in continuous operation for a minimum of six months. (44) (19) Low and moderate income individuals or families means those persons who qualify under the Department of Housing and Urban Development, Section S income requirements, as it may be amended from time to time. "f2O) Minority means: a. Black (i.e., all persons having origins in any of the Black African racial groups not of Hispanic origin); b. Hispanic (i.e., all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race); c. Asian and Pacific Islander (i.e., all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); d. American Indian or Alaskan Native (i.e., all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification); (28) LZI � Mixed use means any mix of two (2) or more of the following uses only. office, retail, multi - family housing, or hotel uses. (22) Multi - Family Housing means a facility with five or more contiguous residential units. Single Family Housing includes up to four contiguous residential units. R4-) LL2) (23) New Information Technology Equipment has the meaning set forth in IC 6- 1.1- 12.1 -1 et seq. (2-2) (23) (24) New Logistical Distribution Equipment has the meaning set forth in IC 6- 1.1- 12.1 -1 et seq. rd (�) � (25) New Manufacturing Equipment has the meaning set forth in IC 6- 1.1- 12.1 -1 et seq. (21I ) (25) (26) 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 IC 6- 1.1- 12.1 -1 et seq. (2-5) L66) (27) New Research and Development Equipment has the meaning set forth in IC 6- 1.1- 12.1 -1 et seq. (28) Office Development, for purposes of this tax abatement ordinance, is intended to house certain of the economic activities described in major groups listed in the North American Industry Classification System -- United States, 2002 manual published by the United States Office of Management and Budget's Economic Classification Policy Committee, which manual is hereby incorporated by reference, with copies being maintained in the Office of the City Clerk. The major groups are: 52 (except subgroups 5221 and 5222), 53 (includes only subgroups 5311, 5312, 5313 5331) 54, 55, 56 (except subgroups 5616, 5617, 5619, 5621, 5622 and 5629), 62 (includes only sub groups 6211, 6212, 6213, 6214, 6215, 6216, 6241), and 92 (excludes subgroups 9221 and 9271). Other economic activities may be considered by the Common Council on a case -by case basis, however, such activities, including those listed above, must fit within and complement the surrounding neighborhood environment. (2-6) JF) (29) Property has the meaning set forth in IC 6- 1,1- 12.1 -1 et seq. (2-) (30) Redevelopment has the meaning set forth in IC 6- 1.1- 12.1 -1 et seq. (2-8) (31) Redevelopment Blighted Area and RBA mean real Property meeting the standards set forth in IC 6 -1.1 -12.1 et seq., excluding the South Side Development Area. (* (32) Rehabilitation has the meaning set forth in IC 6- 1.1- 12.1 -1 et seq. (30) L�!D (33) Related Party means any person who is related within the meaning of Section 267 of the Internal Revenue Code (i.e., United States Code, Title 26, Subtitle A, Chapter 1, Subchapter B, Park IX, Section 267). (-44-) L3j) (34) Residentially Distressed Area and RDA mean an area that meets any of the following findings as declared by the Council: 5 a. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings or multi - family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or b. Any dwellings in the area are not permanently occupied and are: 1. The subject of an order issued under IC 36 -7 -9; or 2. Evidencing significant building deficiencies; or c. Parcels of property in the area: 1. Have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or 2. Are owned by a unit of local government; or 3. A significant number of dwellings within the area are not permanently occupied or a significant 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 IC 36 -7 -9; or (ii) Evidencing significant building deficiencies; or 5. 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 area is owned 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 Council's jurisdiction. (32) (j�) (35) Retail means and includes the economic activities described in major groups 44 through 45 of the North American Industry Classification System -- United States, 2002 manual published by the United States Office of Management and Budget's Economic Classification Policy Committee, which manual is hereby incorporated by reference, with copies being maintained in the Office of the City Clerk. (33) Jj4J (36) 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 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� (37) 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. G (2Sj (426\1 (38) Tax Increment Allocation Areas and TIAA have the meaning set forth in IC 36- 7- 14- 39(a). (36) Cj5�) (39) Urban Enterprise Zone and UEZ mean the area located within the City's corporate boundaries designated by the Urban Enterprise Association and South Bend Common Council, as amended from time to time, and on file with the City Clerk's Office. (3-7) (34) (40) Warehouse Development means and includes the economic activities described in major groups 423, 424, 425, 421, 422, and 493 of the North American Industry Classification System -- United States, 2002 manual published by the United States Office of Management and Budget's Economic Classification Policy Committee, which manual is hereby incorporated by reference with copies being maintained in the Office of the City Clerk. �-AlD (41) Workforce Development Services and WDSA mean Workforce Development Services of St. Joseph County or its successor agency. (b) Any term not otherwise defined in this article has the meaning ascribed to it in IC 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, when used as part of a phrase containing one or more specific items, are to be interpreted as being used by way of example and not of limitation. (e) All references to provisions of the Indiana Code, the Municipal Cade of South Bend, and the United States Code are to be interpreted as meaning these provisions as they exist on the effective date of the ordinance from which this article derives and as they may be amended in the future. (f) 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 -76.3. Base abatement. A base abatement ( "base abatement ") is an abatement for three (3) years in the case of real property other than single - family residential, five (5) years in the case of real property that is 7 single - family residential, and five (S) years in the case of personal property, The Council may grant a base abatement to an applicant who fulfills the following requirements: (1) The applicant's proposed project meets the requirements set forth in sections 2 -77 through 2 -83.3 for real property or section 2 -84.2 for personal property. (2) The Council deems the applicant's proposed project likely to generate within a ten -year period financial returns (i.e., revenue from sources such as new real or personal property taxes, additional or retained county option income taxes, payments -in -lieu of taxes, private contributions, and public user fees) and other economic and social benefits to the community sufficient to justify the costs that would be incurred by the City for municipal infrastructure improvements (including water, sewer and drainage facilities; wastewater treatment facilities; road, street and alley improvements; street lighting; and traffic control) and additional municipal services needed to enable or directly benefit the project. (3) The applicant has executed a memorandum of agreement ( "memorandum of agreement ") prepared by the Community and Economic Development Department, The memorandum of agreement is a legally binding agreement representing a contractual relationship between the applicant and the Council. It may become effective upon the Council granting the abatement, which includes provisions setting forth: a. The tax abatement recipient's agreement to fulfill the conditions upon which the tax abatement is based ( "conditions of abatement "); b. The time within which the tax abatement recipient must comply with the conditions of abatement; c. The tax abatement recipient's obligation to respond to periodic surveys regarding compliance with the conditions of abatement; d. The tax abatement recipient's obligation to allow representatives of the Community and' Economic Development Department to have access to the project premises and to perform inspections and audits as necessary to verify compliance with the conditions of abatement. e. The events which: 1. Shall entitle the Council to terminate the tax abatement in whole or in part; and 2. Shall cause the tax abatement recipient to be obligated to repay all or a portion of the property tax savings received. 8 (4) 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. (5) Neither the applicant nor any related party of the applicant has 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. (6) The applicant must pay all company employees (full -time, part -time, and temporary) at least a Poverty Wage. The Poverty Wage is defined as the wage rate that provides a full -time worker an income at the government- defined poverty level. It is calculated as follows: Steal: Determine the Poverty Annual Income Level for a household -of size three, as listed in the annual Federal Poverty Guidelines. Data for these income levels are published at http://aspe.hhs.gov/poveity/index.shtml. Step 2: Divide the Poverty Annual Income Level by 2,080 hours, the number of hours for full -time work in a year, to get the Poverty Wage. The Poverty Wage until March 1, 2011 is $8.80 per hour. The Poverty Wage shall be recalculated annually on March I st using the calculation described above. (7) The applicant maintains a written Affirmative Action Plan. The Plan must indicate the positive steps being taken to encourage the hiring, promotion, and retention of qualified members of historically disadvantaged groups, such as minorities, women, and the disabled. The Plan must address the specific needs of each particular disadvantaged group. The requirement for an Affirmative Action Plan does not apply to entities with fewer than ten employees. (8) The construction contractors for the applicant must conform to the Affirmative Action requirements mandated for federal contractors, as specified in Executive Order 11246 and the Federal Code of Regulations at httn: / /www.dol.gov Idol /allefr/ESA/Title 41 /Part 60- 4 /41CFR- 4.3.htm. Contractors with fewer than 50 employees or with contracts of less than $50,000 are not required to maintain a written Affirmative Action Plan. Also, this requirement does not apply to residential single family home construction and rehabilitation. 9 All construction personnel must be employees of a licensed bonded or registered contractor. 9 See. 2 -76.4. Add -an abatement. An Add -on Abatement ( "Add-on Abatement ") is available only for real property other than single - family residential construction and may be from one (1) to seven (7) years of abatement in addition to the Base Abatement. Hence, an applicant for real property tax abatement who is granted both a Base Abatement and an Add -on Abatement may receive in total from four (4) to ten (10) years of abatement. The Council may, in its discretion and in light of its evaluation of the public benefits produced by the applicant's proposed project, grant an Add -on Abatement to any applicant for real property tax abatement who qualifies for a Base Abatement under the provisions of section 2 -76.3 and whose proposed project is not single - family residential construction. The Community and Economic Development Department shall provide a summary of each applicant's public benefit point calculations which have been awarded as part of their written report which is further addressed in section 2 -84.4 of this article. As a guide to its deliberations regarding an Add -on Abatement, the Council may consider, among other things: (i) the number of Public Benefit Points ("Public Benefit Points) awarded for the applicant's including in the Memorandum of Agreement commitments to execute one (1) or more of the Public Benefit Actions ( "Public Benefit Actions ") described in subsection (1) below; and (ii) the total number of Public Benefit Points awarded in relation to the threshold numbers of Public Benefit Points required to earn consideration for additional years of abatement set forth in subsection (2) below. (1) Public benefit actions and public benefit paints. The public benefit actions for which public benefit points may be awarded are as set forth below. The number of public benefit points that may be awarded is set forth in square brackets following the description of each public benefit action. a. Project related actions. The applicant will: 1. Redevelop a site that has special needs by one of the following actions jf i4y nine (49) twenty -five (25) public benefit points): 0) Convert an eligible building to residential. Convert to residential use a commercial building that has been designated an eligible building ( "eligible building ") by the Community and Economic Development Department. The Council intends generally that an eligible building shall be a building identified as an important element in achieving the goals and objectives of a formally adopted plan (such as a neighborhood revitalization plan) or a building of such magnitude (as determined by its context) that it is considered critical to the success of efforts to enhance, improve, revitalize or preserve the surrounding area. (ii) Rehabilitate an historic building. Rehabilitate and reuse a building that is on the National Register of Historic Places, a locally designated 10 historic landmark, located in a National Register or local landmark district, eligible for nomination as a National Register or local landmark, or rated as Outstanding (0113) or Significant (S /12 or S /11) in the most recent Historic Preservation Commission county -wide survey. (iii) Rehabilitate a problem property. Rehabilitate and reuse a property that that has been designated a problem property by the Community and Economic Development Department ( "problem property "). The Council intends generally that a problem property shall be a building, facility, or complex that has been cited by the City's Neighborhood Code Enforcement agency, or a difficult -to -adapt building or facility that was constructed and used for a single, unique purpose (such as a school building), or a building of such magnitude (as determined by its context) that it is considered critical to the success of efforts to enhance, improve, revitalize or preserve the surrounding area. (iv) Clean up a brownfreld. Pay the cost of cleaning up a Brownfield ( "brownfield "), which is any site, building, facility, or complex that has been designated a brownfield by the Community and Economic Development Department. 2. Develop a business based on local university research. Develop a commercial product or enterprise that is based upon licensing intellectual property arising from research conducted at a public or private university, college, or community college within St. Joseph County. [thift y five (3-5) fifty (50) public benefit points] 3. 4ehieve a pkwieal element of a plan, Aehieve ene er- Fflefe physical element sites, identified in a development ef revitalization plan (sueh as a neighborhood, er- rehabilitation of publie inftastfueiure, facilities of- eeflimunity amenities; !he the iden4ified area. OhiAy six (36) public benefit peintsl Meet enemy- efficient g et energy - efficient building standards at the Silver level or building standards. Me _ higher, as prescribed by the US Green Building Council's current Leadership in Energy Environmental Design (LEED) rating system and reference guide., published at www.usgbc.org. ffifty (50) public benefit pointsl 4. Promote green technology. Develop a business whose primaEy function is the manufacture distribution or installation of renewable energy products and materials including solar, wind and /or geothermal. ffifty L5Qj public benefit points] 11 5. Invest in targeted areas. Locate a real property investment in the Economically Distressed Area. [one hundred (100) public benefit points] b, "Super-size "project development actions. Produce new construction or rehabilitation that exceeds either the number of square feet or the amount of hard- dollar cost that is required to qualify under the applicable provisions of sections 2 -77 through 2 -83 by one hundred (100) percent or more. [Twe hundred ten (210) One hundred (100) public benefit points awarded in cumulative increments based on the percentage by which the number of square feet or the amount of hard - dollar cost that is required to qualify, as follows: TABLE INSET: 1. 100% to 199% twenty -five (25) public benefit points 1200% to 299% sixty eight (W twenty -five (25) additional public benefit points 3. 300% to 399 % sixty � ° (tic) twenty -five (25 ) additional public benefit points 4. 400% and aver fifty two (52) twenty-five (25) additional public benefit points c. Construction related actions. The applicant will: 1. Employ local companies. Employ local companies for at least seventy -five (75) percent of the cost of construction work associated with the project, except for the cost of any construction work that is not reasonably available from a local company [twenty (20) twenty-five (25) public benefit points]. 2. Pur^ mate -rials fr-ern-- Walcem sie ,-- PHEehase from Weal at least Seventy five (7"eir�_entt the fnater-ials used in that : of ably available le f.em ., leea „ [twenty rem pubis ,, L1tN4 1J 11VL SLWJ V11NV1� Wrli1F'il Vlv 11 Vtll W 1VVN1 VV11F�.lWFl� benefit - poi1��J1: -Emp ay_ oca constructton rvor ers. Fi y�50 /n,L ep rcent of construction workers on abated project reside in St. Joseph County [twenty -five (25) public benefit points]. W. V 12 as a business that has its .-Kpayef 'dentifieafien-nufffl3veo on !he projeet as effipleyees instead --ef as independent eentfacter- Pa the common construction wage. Construction contractors pay all construction employees one - hundred percent 100% of the total wage package of the most recent wage adopted by a Common Construction Wage Committee, as defined by IC 5-16-7, for St. Joseph County. Building Projects. This Common Construction Wage setting can be found at www.in.gov/dol/2596.htm. [two „hundred (200 ) public benefit points], . � I :. IWMWMT �. Y I a Y • } • } M - r Y d. Wages and benefits relates' actions. The applicant will: NOW 13 ,, that is at least ene hundred (100) per-eent of the mean hottAy its most recent Metropolitan Afea Oraeupatienal Empleyment and Wage Estimates for- the - South Bend,, Indiana Metr-epelitaa Statisti:e a yea: [thirty three (33) publie. benefit peintsj For the pur-pose of this Pay self - sufficiency wage levels. Pay to all company employees Self- Sufficiency Wages. A Self-Sufficielicy Wage is defined as the wage rate that provides a full -time worker an income sufficient to meet basic needs without_ subsidies of any kind. It is calculated as follows: Sim .I; Determine the Self - Sufficiency Annual Income Level. Average the self - sufficiency annual income levels for all households of size three calculated by the Indiana Coalition for Housing and Homeless Issues for St. Joseph County at: http:// www.region4workforceboard,.,org /calculator /seIfsuffcalc.cfm Step 2: Divide the Self - Sufficiency Annual Income Level by 2,080 hours, the number of hours for full -time work in a _year, to get the Self- Sufficiency Wage. The Self - Sufficiency Wage until March 1.,_ 2011 is $12.90 per hour. The Self-Sufficiency Wage shall be recalculated annually on March 1st usin the calculation described above. For the purposes of this previsi•en subparagraph, and subparagraph 2 below, "Wage" means straight -time, gross pay, exclusive of premium pay, and subject to the following specific inclusions and exclusions. (i) Included are: base rate; cost-of-living allowances; guaranteed pay; hazardous -duty pay; incentive pay including commissions and production bonuses; on -call pay; and tips. (ii) Excluded are: back pay; jury duty pay; overtime pay; severance pay; shift differentials; nonproduction bonuses; and tuition reimbursements, [one hundred (100) public benefit points awarded in cumulative, increments based on the extent to which all company employees are paid a wage above the poverty wage, as follows :l 1. 10% to 33% of the difference between twenty-five 25 benefit the poverty and self- sufficiency wage points -public 2. 34% to 66% of the difference between twenty-five 25 additional public the poverty and self - sufficiency wage benefit Doints 3. 67% to 99% of the difference between twenty-five 25 additional public the poverty and self - sufficiency wage benefit points 4, Self-sufficiency wage or hi her twenty -five (25)„ additional public benefit points 14 2. Provide heakh benefi�s. Cen4r-ibute an behalf of its employees to-a y.+u = =. .Pay_ above- average wages. average wades total wage bill divided by number of employees) greater than the mean hourly wage rate for all occupations for the South Bend - Mishawaka Metropolitan Statistical Area. Published at http: / /www.bls.gov /oes /current /oes_43780..htm #b00 -0000 Lfifty i50 public benefit points]. The mean hourly wage rate for all occupations for the South Bend - Mishawaka Metropolitan Statistical Area until March 1 2011 is $18.07 per hour. The mean hourly wage rate shall be determined annually on March 1 st by referencing the source listed above. 3. Pravkk pension benefits, Contribu4e en behalf ef its empleyees to ftmd, plan, or program fer, pefisiens ofi retirement er death [twenty nine (29) .Provide health benefits. ,Make a contribution to a standard health plan for regular full- and art -time employees equal to at least eighty-five 85% percent of the total premium costs of the plan. The plan includes coverage for at least eighty 80% percent of medical services paid by the plan, with no more than $3,000 out -of ,pocket „costs for a family, as well as prescription drugs and mental health services with affordable co- a s. fift 50 public benefit pointsj, 4. eendueted withifi of eu4side the plaoe ef employment [twenty eight (28-) publie benefit pei .Provide pension benefits M_ ake a contribution to a retirement plan, available to all regular full-.and art -time employees, of fifty_(_50 0/0) percent of employee contributions, up to._five (5 %) percent of total wages. [fifty (50) public benefit pointsj. 5. fer- its employees [fifteen (15) publie benefit * - Provide training. Provide training to employees, which consists of certified training. or educational courses equal to at least $500 per emplovee. ]fifty (50) public benefit points]. 15 -01 rMomw �: �eaiw� r.. y�iw�: i2t> sss�ier�_ i�sia.... no=: rr: �. aara�r .......:.:.:,..- .:..- .....:__�• 15 Provide day care. Provide an on -site child care center and /or a„ flexible spending. account providing for before -tax payments of dependent care expenses with an annual limit of $5,000 per employee. [twenty-five 25 public benefit pointsL 7, Provide transportation assistance. Provide Transportation Assistance to lower income employees such as usin ublic transportation, subsidized public transportation or special van services equal to at least $150 per employee. twent -five 25public benefit points]. 8. Provide employer - assisted houshyprogram. Provide an ern foyer.- assisted home ownership program equal to at least $150 per em Io ee. f twent -five (25) public benefit pointsL (4) e. Workforce related actions. The applicant will: a. 1 Create new jobs. Create at least a specified number of new jobs one hundred 100 public benefit po � based on the number of new jobs tents awarded in cumulative increments ba, ., .. created, as follows:] 25 'obs twent -five twenty-five 25 25 public benefit points additional public benefit points 2. 26 to 50 'obs 3. 51 to 75 jobs twenty-five (25) additional public benefit points 4. Mare than 75 'obs twenty -five (25) additional „public benefit points 13. 2. Retain existing jobs. Retain at least a specified the present level of existing jobs [€ertt} ene {41 -} twenty -five f25 } public benefit points], I, XMIMMMA 16 3. Employ residents of Census Tracts in Economically Distressed Areas Employresidents of Census Tracts in Economically Distressed Areas, as a percentage of total company employees. [one hundred (100) public benefit points awarded in cumulative increments based on the number of Economically Distressed Area residents employed as .a percentage.of total company em to ees as follows: 1. I% to 10% of em to ees r r 1 1 M � 1 , 1 • ROOM- - 11.E additional public benefit W 3. 21 % to 30% of employees twenty-five (25) additional public benefit og 4. More than 30% of employees twenty-five (25) additional public benefit oints Y I 3. Employ residents of Census Tracts in Economically Distressed Areas Employresidents of Census Tracts in Economically Distressed Areas, as a percentage of total company employees. [one hundred (100) public benefit points awarded in cumulative increments based on the number of Economically Distressed Area residents employed as .a percentage.of total company em to ees as follows: 1. I% to 10% of em to ees r r 1 1 M � 1 , 1 • ROOM- - 11.E additional public benefit 3. Employ residents of Census Tracts in Economically Distressed Areas Employresidents of Census Tracts in Economically Distressed Areas, as a percentage of total company employees. [one hundred (100) public benefit points awarded in cumulative increments based on the number of Economically Distressed Area residents employed as .a percentage.of total company em to ees as follows: 1. I% to 10% of em to ees twent -five (251public M 2. 11% to 20% of employees twent -five (25) additional public benefit op ants 3. Employ residents of Census Tracts in Economically Distressed Areas Employresidents of Census Tracts in Economically Distressed Areas, as a percentage of total company employees. [one hundred (100) public benefit points awarded in cumulative increments based on the number of Economically Distressed Area residents employed as .a percentage.of total company em to ees as follows: 1. I% to 10% of em to ees twent -five (251public benefit points 2. 11% to 20% of employees twent -five (25) additional public benefit op ants 3. 21 % to 30% of employees twenty-five (25) additional public benefit og 4. More than 30% of employees twenty-five (25) additional public benefit oints (2) Public benefit points thresholds and additional abatement years, except multi family development. Except with respect to multi- family development projects, the threshold number of public benefit points required to earn consideration by the Council of each additional year of abatement shall be as set forth below: 17 a. Zero (0) through three hundred ninety -nine (390 399) public benefit points earns consideration of zero (0) additional years of abatement; b. Tree Four hundred one (304- 400) through three four hundred fifty seven ninety -nine (3-57- 499) public benefit points earns consideration of one (1) additional year of abatement; c. wee Five hundred fifty - eight (3-58 500) through five hundred €ew4een ninety-nine (44-4 599) public benefit points earns consideration of two (2) additional years of abatement; d. Fetff Six hundred fi teen (44-5 600) through feuf six hundred seveapy-ene ninety -nine (471 699) public benefit points earns consideration of three (3) additional years of abatement; e. Few Seven hundred she (47� 700) through fwe seven hundred tweniy eight ninety -nine (529 799) public benefit points earns consideration of four (4) additional years of abatement; f. Five Eight hundred tie (529 800) through €we eight hundred eve ninety. (595 899) public benefit points earns consideration of five (5) additional years of abatement; g. Rv-e Nine hundred eighty six (5" 900) through six nine hundred fai4y twe ninety -nine (64-2 999) public benefit points earns consideration of six (6) additional years of abatement; h. Six t,, ndr- fefty three One thousand (645 1000) to one (44,099) or more public benefit points earns consideration of seven (7) additional years of abatement. From To Additional Years 0 399 0 400 499 1 500 599 2 600 699 3 700 799 4 800 899 5 900 999 6 1,000 & over 7 (3) Public benefit points thresholds and additional abatement years, multi family development. With respect to multi - family development projects, the threshold number of public benefit points required to earn consideration by the Council of each additional year of abatement shall be as set forth below: 18 a. Zero (0) through one hundred forty -one (141) public benefit points earns consideration of zero (0) additional years of abatement; b. One hundred forty -two (142) through one hundred eighty -three (183) public benefit points earns consideration of one (1) additional year of abatement; c. One hundred eighty -four (184) through two hundred twenty -five (225) public benefit points earns consideration of two (2) additional years of abatement; d. Two hundred twenty -six (226) through two hundred sixty -seven (267) public benefit points earns consideration of three (3) additional years of abatement; e. Two hundred sixty -eight (268) through three hundred nine (309) public benefit points earns consideration of four (4) additional years of abatement; f. Three hundred ten (310) through three hundred fifty -one (351) public benefit points earns consideration of five (5) additional years of abatement; g. Three hundred fifty -two (352) through three hundred ninety -three (393) public benefit points earns consideration of six (6) additional years of abatement; h. Three hundred ninety -four (394) or more public benefit points earns consideration of seven (7) additional years of abatement. Sec. 2 -77.1. Single - family residential construction. (a) Generally. The Council believes that the following general standards have a reasonable relationship to the development objectives of single - family residential construction within the City, and would warrant tax abatement consideration as set forth herein. (b) Base abatement general standards. Proposed 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 provisions of subsection (d) below, may be considered for a base abatement consisting of five (5) years real property tax abatement. (21. Rehabilitation. Proposed sipgle-family single-family residential developments which into orate rehabilitation of not less than ten thousand dollars ($10,000,00) in hard - dollar costs, which are to be located in the Economically Distressed Area, may be considered for a ILA base abatement consisting of five 5 ears real proDerty tax abatement. This abatement will be considered only if the property in question does not_gualify for either of the 5 -year abatements specified in Indiana Code 6- 1.1 -12 -18 or 6- 1.1- 12 -22. (c) No add -on abatement. No add -on abatement will be granted for single- family residential construction. (d) 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. See. 2 -84.2. Tangible personal property tax abatement. (a) Generally. The Council believes that the following general standards have a reasonable relationship to the development objectives of promoting the installation of New Personal Property in urban development areas within the City's corporate boundaries, and would warrant tax abatement consideration as set forth herein. (b) Base abatement general standards. (1) An applicant seeking personal property tax abatement must comply with all of the provisions of IC 6 -1.1- 12.1 -4.5, and the provisions of division 11 that are applicable. (2) An applicant complying with such provisions may be considered for a base abatement consisting of five (5) years personal property tax abatement. In the case of exceptional developments that create significant em_ ployment and tax revenues, such as I/N Tek I/N Kote and the AM General H2 project, the Council may consider a personal property tax abatement of up to ten 1 ears, (c) Certffrcation of New Manufacturing Equipment, New Research and Development Equipment, New Logistical Distribution Equipment and New Information Technology Equipment. An applicant seeking personal property tax abatement must certify that it will use the New Manufacturing Equipment, New Research and Development Equipment, New Logistical Distribution Equipment and New Information Technology Equipment in one (1) or more of the uses listed within the definition of New Manufacturing Equipment, New Research and Development Equipment, New Logistical Distribution Equipment and New Information Technology Equipment set forth in IC 6 -1.1 -12.1 et seq. 20 (d) No add -on abatement. No add -on abatement will be granted for personal property Sec. 2- 84.7. Designation application required. (a) Owners must file. 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 abatement 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 filing fee charged for filing a designation application for a parcel that contains one (1) or more owner - occupied, single - family dwellings may not exceed the cost 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 abatement consideration. The annual administration fees set forth below must be paid by the applicant upon receipt of a billing from the Community and Economic Development Department after the Council has adopted the pertinent declaratory resolution. (1) Outside a TIAA: a. Real property: 1. Application/review ... $323.00 2. Clerk's Office .. , 250.00 3. Annual administration, fee per year of abatement ... 117.00 b. Personal property: 1. Application/review.. . $323.00 2. Clerk's Office ... 250.00 3. Annual administration, fee per year of abatement ... 117.00 c. Combined: 1. Real property: (i) Application/review ... $323.00 (ii) Clerk's Office ... 250.00 (iii) Annual administration, fee per year of abatement. 117.00 2. Personal property: (i) Application/review ... $161.50 (ii) Clerk's Office ... 250.00 (iii) Annual administration ... 292.50 (2) Inside a TIAA: a. Real property: 1. Application/review ... $393.00 2. Clerk's Office ... 250.00 3. Annual administration, fee per year of abatement ... 117.00 b, Personal property: 21 1. Application/review ... $393.00 2. Clerk's Office ... 250.00 3. Annual administration, fee per year of abatement... 117.00 c. Combined: 1. Real property: (i) Application/review ... $393.00 (ii) Clerk's Office ... 250.00 (iii) Annual administration, fee per year of abatement ... 117.00 2. Personal property: (i) Application/review ... $196.50 (ii) Clerk's Office ... 250.00 (iii) Annual administration. . . 292.50 The application/review and City Clerk's components of each of the above fees are nonrefundable. The annual administration component of each of the above fees may be refunded in the event the application or petition for tax abatement consideration is not approved by the Council or is withdrawn by the owner prior to final action by the Council. Should a tax abatement be rescinded, the annual administration fee for that abatement may be refunded subject to any refund being prorated and reduced by any costs incurred by the City in taking such action. Fees collected under this section shall be deposited as follows: Office of the City Clerk, fee of two hundred fifty dollars ($250.00) to the General Fund; and All other fees to Fund 212 to be used by the Community and Economic Development Department. (c) Petition information. Property owners petitioning for tax abatement shall provide the following information on the petition to enable the Council to consider their request: (1) The name(s) and address(es) of the real property owner(s) (and personal property owner(s), in the case of the request for personal property tax abatement), and any other person(s) leasing, intending to lease, or having an option to purchase such property, and a brief description of the business. (2) If the business organization is publicly held, the name of the corporate parent and the name under which the corporation is filed with the Securities Exchange Commission. (3) The legal description and commonly known address of the real property for which real property tax abatement is being petitioned; or the legal description and commonly known address of the facility at which the New Personal Property for which tangible personal property tax abatement is being petitioned will be located. (4) A map and /or plat describing the area where tax abatement is being requested. 22 (5) The current assessed valuation of the real property improvement before Rehabilitation, Redevelopment, economic revitalization, or improvement; or the current valuation of the tangible personal property to be replaced by New Personal Property. (6) Photographs of the location taken within two (2) weeks of the filing of the petition. (7) The real and personal property taxes paid at the location during the previous five (5) years, whether paid by the current owner or a previous owner. (8) The commitment made within the past five (5) years to hiring minority persons including number of minority persons employed during each of the past five (5) 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 persons (full- and part- time). (9) An estimate of the after - rehabilitation market value of the real property or an estimate of the market value of the New Personal Property after installation. (14) The commitment to minority employment during the first five (5) years of tax abatement. (11) A description of the proposed project (whether Rehabilitation, new construction, or installation of New Personal Property), including information about physical improvements to be made or the New Personal Property to be installed, an estimate of the cost of the project, the amount of land to be used, the proposed use of the improvements, and a general statement as to the value of the project to the business. (12) An estimate of the number of new permanent jobs to be created by the project within two (2) years, a statement of the current number of permanent and part-time jobs at the location and the impact on those current jobs to be caused by the project, and the projected annual salaries for each such position to be created. (13) Certification that no building permit has been issued for construction on the property for the improvement proposed or verification that the New Personal Property has not been installed. (14) The North American Industry Classification System (NAICS) major group within which the proposed project would be classified, by number and description. (15) The Internal Revenue Service Code of principal business activity by which the proposed project would be classified, by number and description. (16) A description of on -site child care or day care facilities, services, or benefits currently offered or proposed to be offered by the petitioner for children of employees. 23 (17) Other anticipated public financing for the project, including, if any, industrial revenue bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Administration Section 504, financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana; financing through the Industrial Development Revolving Fund; fin neing th..eugh the rte,,,..,efat e„ for Enirepr- ena,,,.:.,►_ Devei,.pffi nt; or other public financial assistance, including public works improvements. (1 S) For real property tax abatement, a description of how the property in question has become undesirable for or impossible of normal development and occupancy because of lack of development, cessation of growth, deterioration of improvements, or character of occupancy, age, obsolescence, substandard buildings or other factors which have impaired values and prevent a normal development of the property or property use. (19) For personal property tax abatement, a description of why the facility or group of facilities to be replaced are technologically, economically or energy obsolete, whereby the obsolescence may lead to a decline in employment and tax revenues; together with a verification that the New Personal Property will be used and thM the Nev., in one (1) or more of the uses listed within the definitions of New Manufacturing Equipment, New Research and Development Equipment, New Logistical Distribution Equipment and New Information and Technology Equipment, all as Set forth in IC 6 -1.1 -12.1 et seq., was never before used by its owner for any purpose in Indiana. (20) The name, address, telephone number, facsimile number, email address, and web address of the person to contact regarding notice of Council meetings and public hearings concerning the petition. (21) The name, address, telephone number, facsimile number, and email address of the person who will work with WDS for employee recruitment. 22 Certified payrolls to document the payment of employee wave rates at the site identified in the tax abatement petition where the abatement will be utilized. (Identifying individual information should be withheld. (23) Certified payrolls to document the payment of wage rates, residency, and employment status of construction workers employed on the abated project, (Identifying individual information should be withheld.) (24) A written Affirmative Action Plan for company em,ployeest-which indicates the positive steps being taken to encourage the hiring promotion, and retention of qualified members of historically disadvantaged groups, such as people of color, women, and the disabled. 24 (25) Written documentation from construction contractors to indicate compliance with the Affirmative Action requirements of Executive Order 11246. Contractors with fewer than 50 employees or with contracts of less than $50,000 are not required to maintain a written Affirmative Action Plan. This requirement does not apply to residential single family home construction and rehabilitation. (26) Written documentation to support all claims for public benefit points made in connection with their abatement. (d) 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 the Council, a duly executed power of attorney authorizing such representation must be on file with the City Clerk. Sec. 2 -84.9. Advisory review by Community and Economic Development Department. (a) Upon the filing of a completed tax abatement petition, including all attachments, filing fee, statement of benefits form, and the declaratory and confirmatory resolutions by the owner, the City Clerk shall refer the documents to the Community and Economic Development Department for an advisory review. The review shall be for informational purposes only, and shall not be binding on the designating body. (b) The Community and Economic Development Department shall review the petition, statement of benefits, and all attachments thereto. It shall also have the authority to request additional information from the petitioner which are relevant to the petition and statement of benefits. (c) Within fifteen (15) days from the receipt of the documents from the Office of the City Clerk, the Community and Economic Development Department shall prepare a written report setting forth a review of its advisory findings. The report shall be sent to the Council's Community and Economic Development Committee, to the City Clerk., and to the petitioner. (d) The report shall address but not be limited to addressing the following: (1) Whether all required information has been submitted by the petitioner. In the event that additional information was requested of the petitioner, the report shall address such requests and the response received from the petitioner. (2) Whether the information contained in the petition and statement of benefits indicates that the requirements of this article are met by the project as described in the petition. 25 (3) Whether zoning requirements have been met, according to the Building Department Of code A copy of the Building Department's ef Cede gnfeieemenVs report shall be attached to the report. (4) Whether the project is located in a tax allocation area, as defined in IC 36- 7 -14 -39 and, if so, whether the South Bend Redevelopment Commission has adopted a resolution approving that application. A copy of such a resolution if required shall be attached to the report. (5) The proposed memorandum of agreement shall be attached to the report. (6) Whether in the Community and Economic Development Department's opinion, a deduction should be allowed based on the following: a, Whether the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of that nature. b. Whether the estimate of the number of individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed described redevelopment or rehabilitation. c. Whether the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed described redevelopment or rehabilitation. d. Whether any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation. (e) The Community and Economic Development Department's report shall also have attached to it a copy of the petition and statement of benefits form and all attachments thereto. Sec. 2- 84.10. Review and recommendation by Council's Community And Economic Development Committee. (a) The Council's Community and Economic Development Committee shall examine, review and conduct a public committee meeting concerning the petition and statement of benefits, and declaratory resolution. Such meeting shall not be scheduled until the advisory report from the Community and Economic Development Department has been received by the City Clerk, the Council's Community and Economic Development Committee, and the petitioner. 26 (b) The petitioner and /or its representatives shall be required to attend all such committee meetings where such information is to be reviewed. The petitioner shall present verbal and written evidence as to why it believes it should be granted the tax abatement sought, (c) At the Committee meeting, the Committee shall specifically consider, among other information provided by the petition, the commitment made to minority employment by the petitioner during the past five (5) years and during the first five (5) years of tax abatement. (d) Following questioning and review, the Committee shall take action on the request and shall submit its recommendation to the Council as to whether the property qualifies as an Economic Revitalization Area under the terms of this article and IC 6 -1.1- 12.1 -let seq. Sec. 2- 84,12. Confirmatory resolution. (a) Following the legal publication and on the date published in the legal notice, a public hearing on the confirmatory resolution shall be held by the Council. The petitioner and /or its representative shall be present and shall be required to present evidence why it believes the tax abatement requested should be granted, at which time the Council shall receive and hear all remonstrances and objections from interested persons pertaining to the petition. At the public hearing, the Council shall determine whether the petition complies with this article and with IC 6- 1.1- 12.1,et seq., and shall consider all pertinent requirements for Economic Revitalization Areas prior to taking final action determining whether the petition meets qualifications for an Economic Revitalization Area and confirming, modifying and confirming, or rescinding the declaratory resolution. The determination of Council is final except that an appeal may be taken and heard as provided by IC 6 -1.1- 12.1- 2.5(d) and (e). (b) The Council must make a determination as to whether the deductions shall be allowed and made specific findings pursuant to IC 6- 1.1- 12.1 -3 when considering real property tax abatement requests to be located in economic revitalization areas. The Council must further comply with IC 6- 1.1- 12.1 -4.5 and make specific finding thereto when considering personal property tax abatement requests. In the case of real property tax abatement requests to be located in residentially distressed areas the Council must make a determination as to whether deductions shall be allowed and make specific findings pursuant to IC =56 -1.1- 12.1 -2 and IC 6- 1.1- 12.1 -3. (c) In declaring an area an Economic Revitalization Area, the designating body may: (1) Limit the time period to a certain number of calendar years during which the area shall be so designated; (2) Limit the type of deductions that will be allowed within the Economic Revitalization Area to either the deduction allowed under IC 6 -1.1- 12.1 -3, IC 6- 1.1- 12.1 -4.1., IC 6 -1.1- 12.1 -4.5 or the deduction allowed under IC 6- 1.1- 12.1 -4.58; 27 (3) Limit the dollar amount of the deduction that will be allowed with respect to New Personal Property if a deduction had not been filed before July 1, 1987, for that equipment; (4) Limit the dollar amount of the deduction that will be allowed with respect to redevelopment and rehabilitation occurring in areas that are designated as Economic Revitalization Areas on or after September 1, 1988; or (5) Impose reasonable conditions related to the purpose of state law or to the general standards adopted herein for allowing the deduction for the Redevelopment or Rehabilitation of the property or the installation of the New Personal Property. (d) To exercise one (1) or more of the above- described powers, the Council must include this fact in the resolutions adopted. (e) Prior to the Common Council taking final action on a Confirmatory Resolution which involved Public Benefit Points being awarded for construction jobs, a list of contractors which are intended to be used must be filed by the Petitioner with the Department of Community and Economic Development for verification purposes by the Department. The Department shall confirm in writing to the Office of the City Clerk receipt of such information which will trigger the Confirmatory Resolution being placed on a Common Council agenda. See. 2- 84.13. Annual review of petitions by Council. (a) All property owners who receive approval of their real and /or personal property tax abatement requests as a result of the Council's action under this article, shall be required to appear before the Council's Community and Economic Development Committee. Such appearances shall take place at a committee meeting following the petitioner's filing of the first Certified declaration application with the County Auditor, required by the State Board of Tax Commissioners pursuant to IC 6- 1.1- 12.1 -5. (b) Additionally the petitioner shall file with the Committee its annual report on forms previously sent to it by the Community and Economic Development Department. Such mailing by the Community and Economic Development Department shall be done annually to each such petitioner on or before February 1, , and shall provide notice that if the property owner fails to comply, that it may be subject to fines as set forth in this article. Petitioners must return their completed annual report within thirty (30) days from receipt. with stleh d-*- bemg fi@M the, mat (c) The annual report shall include, but not be limited to, the following information. (1) The name and address of the person(s) filing the report. 28 (2) The amount of real and /or personal property taxes paid for the property during the year before the property was declared as an Economic Revitalization Area and during the most recent tax year. (3) The current number of part-time and full -time jobs, specifying whether permanent or temporary, and the number of such jobs as of the end of the year immediately prior to receiving tax abatement. (4) The names of Local Company and /or Minority contractors used during the renovation of the real property and/or installation of New Personal Property for which tax abatement was received. (5) The number of minority persons hired for full -time and part-time jobs, specifying whether such jobs are permanent or temporary, since the completion of the project for which tax abatement was given. (6) Updated certified payrolls to document the pgyment of employee wage rates at the site identified in the tax abatement petition where the abatement will be utilized._ Identif ying individual information should be withheld. (7} Updated certified payrolls to document the payment of wage rates, residency, and employment status of construction workers employed on the abated project, if the construction project is still on gin . (8 ) Written documentation to demonstrate that the petitioner is still in compliance with the commitments made to receive public benefit points. Levels of the Poverty Wage, Self- Sufficiency Wage, Common Construction Wage, and mean hourly wage in effect at the time of the annual review shall be used to determine compliance. (d) In addition to the Council's Community and Economic Development Committee being present at said committee meeting to review the petitioner's progress, Workforce Development Services, and members of the Community and Economic Development Department shall be in attendance to question the petitioner. (e) The Council's Community and Economic Development Committee shall review the material presented by the petitioner in comparison to the information published by the County Auditor as required by IC 6 -1.1- 12.1 -8. (f) The Council's Community and Economic Development Committee shall specifically advise each property owner in writing as to whether subsequent appearances before the Committee shall be necessary. If such additional appearances are not required, the property owner shall be duly advised that its future annual reports may be mailed. Failure to mail such completed reports shall result in a fine of two thousand five hundred dollars ($2,500.00) for each such failure to comply. 29 Section IL Section 2 -84.14 is amended only at subpart (a) and the remainder of Section 2 -84 -14 is unchanged by this Ordinance. Subpart (a) shall now read as follows: Sec. 2- 84.14. Failure of petitioner to comply may result in #fines being imposed or termination of economic revitalization designation and repayment of taxes previously abated.* *Note: IC 6 -101- 12.1 -5 -9, Version b provides in part that if the Common Council "determines that the property owner has not substantially complied with the statement of benefits and that the failure to substantially comply was not caused by factors beyond the control of the property owner" (such as declines in demand for the property owner's products or services) the Council shall hold a hearing after proper notice has been given, with the Council determining whether the property owner has "made reasonable efforts to substantially comply with the statement of benefits and whether any failure to substantially comply was caused by factors beyond the control of the property owner ". (a) The Council believes that the granting of a request for real and /or personal property tax abatement under the terms and conditions of this article and the memorandum of agreement constitutes a contractual arrangement between the Council and the property owner granted the abatement. Section 111. 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. Member, South Bend Common Cuncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the of , 2 , at o'clock Approved and signed by me on the o'clock . m. €:E/ DING PE3RiC HFARING 3 rd READiNG NOT APPROVED REFERRED . m. City Clerk day of Mayor, City of South 30 and day 2 , at 18 €r, e R p nr SPA'. ° =� irry F•�^ MY r. U` ;o, 1 October 7, 2010 RE: Substitute Bill 61 -10 To the Members of the South Bend Common Council: Project �W Fug r s : c � 00- `Q L--' � () Based upon comments made at the Community and Economic Development Committee Meeting of October 5, 2010, I am pleased to file a Substitute Bill 61 -10. The changes made from the original filing include: Additional definitions to clarify the Bill, especially the definition of Poverty Wage. 2. Modify the Base -In Schedules. 3. Provide a better mechanism for public disclosure of Phase -In Credits taken by an Applicant. We appreciate the opportunity to answer any further questions you may have or to participate in any further public hearings or meetings regarding this Bill. Sin l , atrick M. FT oci -- pp�c,Ht1 V a "DE Executive Director 401 E. Colfax five. Suite 305 South Bend IN 46634- www .projectfuture.orgs574.234.6590 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REPEALING CHAPTER 25 ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PER'T'AINING 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 benefits 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 benefits to phase in the payment of taxes, and to reward good citizenship by providing additional phase -in credits consistent with the goals and objectives of the Council to maintain and improve the quality 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 through 2 -85 are repealed and are replaced as follows: ARTICLE 6. TAX ABATEMENT PROCEDURES DIVISION 1. GENERAL PROVISIONS See. 2 -76. Legislative Findings. (a) The Council finds there is a need to develop 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 1 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, a tax - 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 "Home 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. See. 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 and 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 time 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. (5) Council means the Common 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. (S) County Assessor means the Assessor of St. Joseph County, Indiana. (9) County Auditor means the Auditor of St. Joseph County, Indiana. (1 Q) 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 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. (11) 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 I. C. 6- 1.1- 12.1 -1 et seq. 13 Existing Employees or Employment means the number of full -time emplovegs listed in the Application filed under Division 3 below, 14 Full Time Erm to ee or Em to ment means an ern 10 ee who works at least thirty 30 lours in a five f5) consecutive day period. (15) Green Products and Services means products and services, the use of which qualifies for Federal Tax Credits in any one (1) of the following_ajsgs_(i) solar and wind . energy;,,_ ii waste.-separation,. iii recycling_ and reuse;_ (iv�nerg_ y efficient construction materials and desi • and v heating, cooling, and environmental control equipment. (163) Hard - Dollar Costs means expenses directly related to the proposed new construction or rehabilitation excluding costs of land, financing, architect, engineering, and attorney fees. (174) 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. (18 -5) Low and Moderate Income Individuals or Families means those persons who qualify under the Department of Housing and Urban Development, Sections 3 and 8 income requirements. (196) Mixed Use means any mix of two (2) or more of the following uses only: office, retail, multi- family housing, or hotel uses. (20) Net New Employment means any increase in full -time employees for any particular calendar year over the full -time emR oyment existing at the time of the filing of the application. added the {214-7) New Information Technology Equipment has the meaning set forth in I.C. 6- 1.1- 12.1 -1 et seq. (224-8) New Logistical Distribution Equipment has the meaning set forth in I.C. 6.1.1- 12.1.1 et seq. E Q34-9) New Manufacturing Equipment has the meaning set forth in I.C. 6- 1.1- 12.1 -1 etseq. (240) 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. (254) Phase -In Prevailing Wages means the appropriate existing rate structures for the area's building trades as documented in the area's current applicable construction labor agreement. Current applicable agreements may be secured through the MACIAF Office located at 3215 A Sugar Maple Court, South Bend, Indiana 46628. 26) Poverty Wale means the wage rate.paid to a full time employee at the government- defined poverty level calculated by the Poverty Annual Income Level for a household of three (3) as listed in the Annual Federal Poverty Guidelines htt Alas :,hhs.gov/povert /index.shtml divided by 2,080 hours. The current Poverty Wa ge until March 1 2011 is $8.80-per hour. The Poverty Wage shall be recalculated annually on March 1st; the calculation described above. (272) Property has the meaning set forth in I.C. 6- 1.1- 12.1.1 et seq. (283) Redevelopment has the meaning set forth in T.C. 6- 1.1- 12.1. -1 et seq. (294) Redevelopment Blighted Area and R.A. mean real Property meeting the standards set forth in I.C. 6 -1.1 -12.1 et seq., excluding the South Side Development Area. (3025) 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 of parcels that are either unimproved or contain only one (1) or two (2) family dwellings or multi - family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or (ii) Any dwellings in the area are not permanently occupied and are: 6 (1) The subject of an order issued under Y.C. 36 -7 -9; or (2) Evidencing significant building deficiencies; or (iii) Parcels of property in the area: (1) Have been sold and not redeemed under 1.C. 6 -1.1- 24 and I.C. 6- 1.1 -25; or (2) Are owed by a unit of local government; or (3) A significant number of dwellings within the area are not permanently occupied or a significant 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 significant building deficiencies; or (5) 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 area is owned 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 Council's jurisdiction. (31 2-6) 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 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, 0 (2-32) 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. (332-9) Tax Increment Allocation Areas and TAIA have the meaning set forth in I.C. 36- 7- 14- 39(a). (34) Technology .used Business means a business meeting one (1) or more of the following criteria; (i) its primary products or services utilized or are based on, university - licensed technology; advanced materials and processing tech o_logiesg _energy, production._ and defense technologies, electronic and photonic devises and components; information and _communication technologies, equipment, and systems, biotechnologies, and remanufacturing technologies, or ii) has a ratio of research and development expenditures to net sales of at least the avera e for a typical Research and Development company based on National Science Foundation Data the current ratio is 3.6% (3523) Urban Enterprise Zone and UEZ mean the area located within the City's corporate boundaries designed by the Urban Enterprise Association and South Bend Common Council, as amended from time to time, and on file with the City Clerk's Office. (368) Workforce Development Services and WDS mean Workforce Development Services of St. Joseph County or its successor agency. (b) Any term not otherwise defined in this Article has the meaning ascribed to it in I.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. (e) All references to provisions of the Indiana Code, the Municipal Code of South Bend, and the United States Code are to be interpreted as meaning these provisions as they exist on the effective date of the ordinance from which this Article derives and as they may be amended in the future. 7 (f) 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 reaps 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 htip://www.southbendin.gov. See. 2 -76.2. Earning a Property Tax Phase -In. State Law allows governmental units the option to award Tax Phase -Ins of various lengths of time, 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 -78) allows for a quick calculation of the term of a phase -in attributed to these criteria. (b) Bonus 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 are 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- 81) (2) Company on -going operations, and community benefit 1 good corporate citizenship credits, available to the property owner during years four (4) through ten (10) of the phase -in. (Section 2 -82) (c) Bonus Tax Phase -In Credit Limitations Bonus Tax Phase-In 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. See. 2 -76.3. Initial. Phase -In Terms and Earning Phase -in 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 (S) years for single family residential projects. (b) The actual property tax phase -in credits that may be annually claimed by a property owner is restricted to those 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 filed 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 DIVISION 2. SCHEDULES FOR DETERMINING PHASE -IN CREDITS Sec 2 -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 following 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. ' °�¢ °' 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 or exceeds Federal Equal Employment Opportunity Commission statutes and regulations. (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. E 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 St. Joseph, and City of South Bend laws and ordinances. Any issues involved in a formal appeal or dispute process shall be disclosed as part of the application process. (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 or 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. (f) 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. [SEE SECTION 2 -78 ON FOLLOWING PAGE] 10 See 2 -78 PRIMARY IMPACT MEASuREs FOR BASE PHASE-IN FOR Real Property a. Investment: Buildings and Site Improvements (t) $250,000 to $52,000,000 3 years $52,000,001 to $ -310,000,000 4 years $ -310,000,001 to 506 to 99 $415,000,000 5 years $415,000,001 to 150 to 199 $820,000,000 6 years $208,040,001 to $ X25,000,000 7 years $245,000,001 to $30,000,000 8 years $3025,000,001 to $50,000,000 9 years over $50,000,000 10 years b. Net New Em I21 tjo4s. 5 to 105 1 year 106 to 29 2 years 30 to 4955 3 years 506 to 99 4 years 100 to 149 5 years 150 to 199 6 years over 200 7 years Real Property Base Tax Phase -Ire: c. Existing EmplojrnentJoM South Bend provides consideration for existing employers based upon their ex, Hn F4&medj the applicant's St. Joseph Count Indiana existing full -tine employment as of the date of the fijLng of this application Current employees paid in excess of St. .Joseph County Average Wage (2) 150 to 174% of average county wage (2) 10 to 50 1 year Over 50 2 years d. Wages 85% of total local pa l--fuli -time employees must meet this standard to qualify 110 to 149% of average county wage (2) 2 years 150 to 174% of average county wage (2) 3 years 175 to 199% of average county wage (2) 5 years over 200% of average county wage (2) 7 years a + b +c + d = years (3) Investment Net New Jobs Existing Jobs Wages Total (t) Defined 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 (March 1, 2010) Does not include benefits. (3) Maximum available under State law = 10 years 11 Sec 2 -79 PRIMARY IMPACT MEASURES FOR BASE PHASE -IN FOR Tangible Personal Property Personal Property Base Tax Phase -In petitions arc filed separately from Real Property petitions. Investment: Machinery and E ui menO) $50,000 to $10,000,000 5 years Over $10,000,000 10 years t') All such equipment must meet the provisions of IC 6- 1.1- 12.1 -4.5 Sec 2 -80 PRIMARY IMPACT MEASURES FOR BASE PHASE -IN FOR 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 least twenty (20) percent of the units shall be available for use by low and moderate income individuals or families. (1) New construction. Proposed multi - family residential developments which incorporate new construction of not less 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 less 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 considered for a base phase -in under the provisions of subsection (a) above from one (1) to seven (7) years pursuant to Sections 2 -81 and 2 -82. Sec. 2 -80.2 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 12 addressing residentially distressed areas set forth in IC, 6- 1.1- 12.1 -2 and the provisions of subsection (c) below, maybe considered for a Base Phase -In Credit of five (5) years. (b) No Bonus Phase-In Credits. No additional phase -in credits will be allowed for single - family residential construction. (e) 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. See 2 -81 Real Property Tax Phase -In - Bonus Criteria— 'Years 1 through 3 -- FOR INVESTMENT /CONSTRUCTION /L OCATION 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 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 may be 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) Construction Wages Additional phase -in credits may be earned if the project meets or exceeds Phase - in Prevailing Wage Standards. 13 (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 -In 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 Phase -In Prevailing Wages in existence at the time of the filing of the phase -in petition. 4 years (c) Training Support Support for formal industry training programs. 80% or more 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 for 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 Zone (UEZ) Additional Credit Available: 2 years (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 -82 Bonus Criteria — Years 4 through 10 - OPERATING AND COMMUNITY SUPPORT (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. 14 (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 may be adjusted for credits earned during 2013) (3) In all cases, these are measures of the operating activities of the specific facility that has received a property tax phase -in approval. Data from other facilities may not be included. (b) Local Purchasing Percentage ( %) of total local (defined as St. Joseph County, Indiana) purchases — including materials, supplies, and services (1) 50% local 1 year (2) 85% local 2 years (c) ]Headquarters Company Headquarters is located in St. Joseph County, Indiana 1 year (d) Payroll Increase Increases in gross direct labor from previous calendar year (1) 20% 1 year (2) 30% 2 years (e) Employment (1) 5 % or 10 employees from specified census tracts�� � 1 year (2) 10% or 10-20 employees from specified census tracts ��} 2 years (3) Hire 5 or more 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 �) 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, 19, 20, 21, 22, 23, 24, 27, 29, and 30. Maps and the selection process for selecting these tracts is on file in the City Clerk's Office. 15 (f) Affirmative Action Plan The company receiving a phase -in has or maintains or establishes an affirmative action plan or other similar 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) 50% 1 year (2) 75% 2 years (h) Health Care (1) 50% of the cost of employee health care coverage paid by company: 1 year (2) 80% 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 -of- pocket 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 cost: 2 years (i) Retirement (1) Offer retirement plan to all full -time employees. 1 year In addition: (2) Match 50% to 75% of full -time employee's contribution: 1 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) 501(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 16 (k) Environmental (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 certified 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 (1) 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 C4t, 1-s-P4HVe_ h1- Percent of Taxes "Due Schedule Property Tax Payments may be adjusted to reflect Tax Phase -1n Credits earned during the term of the Phase -In in accordance with the following schedule. 17 Xo 9 8 c� 7 P 6 � 5 s 4 3 2 1 Percent of Taxes Due Uncoil TTnnn Tntai Phase -In Credits Earned 100 100 100 100 100 100 100 95 100 100 100 100 100 100 5-995 90 100 100 100 100 100 88 7489 80 100 100 100 100 86 75 6773 70 100 100 100 83 71 63 5 -662 60 100 100 80 67 57 50 4450 50 100 75 60 50 43 38 x-337 35 67 50 40 33 29 25 22 20 33 25 20 17 14 13 11 5 0 0 0 0 0 0 0 0 3 4 S 6 7 8 9 10 Length of Earned Tax Phase -In Total Tax Phase -In Credits earned equal the total of the Base Phase -In Credits and Bonus Phase - In Credits earned by the applicant, in accordance with the following: Base Phase In Credits 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 einplo3qnentjebs, existing Jabs, and wages may reflect the estimates of these impacts. During year four Viand thereafter of a phase -in, the Base Impact Measures for Investment must reflect actual investments as constructed or installed, and must reflect actual performance for the Base Impact Measures credits associated with the Base Impact Measures for net new eMployLnentjobs, , 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. 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. IN In the event it is determined any estimates used for net new employment or wages during the first three ears of the Base Phase -In Credit Period have a variance of more than thirtyfi#y ercent 30% less than the actual erformance the Applicant will be required to eith-ef-pay. the taxes actually owed plus a penalty of ten percent (10 %) of actual taxes owed ("Delinquency"), C—. 7; 4 orb �s �} bu.7'�%C�'� e4 r�edTrs �e �e omen within the next calendar year when the Delinquency was deternined to exist. DIVISION 3. INFORMATION REQUIRED OF APPLICANTS SEEDING TAX PASE -IN CREDITS Sec. 2 -84.1 Designation application required. (a) Owners roust file. 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 filing fee charged for filing a designation application for a parcel that contains one (1) or more owner - occupied, single- family dwellings may not exceed the cost 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 filling of application or petition for real or personal property tax phase -in consideration. (1) Real property: (1) 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: 19 (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. (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 file with the City Clerk. See. 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 -83.1, 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, and provide information to WDS, and the Council's Community and Economic Development Committee. (d) The provisions of IC 6- 1.1- 12.1 -3 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- 1/Real Property and Form CF -1 /Real Property), and in the compliance with Statement of Benefits Personal Property (Form CF- UPP), Petitioner shall execute a statement under the pains and penalties for perjury that the items disclosed in the 20 forms are trine 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 Development Department shall utilize information required to be filed by the Petitioner in the SB -1, CF -1, and CF -1 /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. See. 2 -84.4 Annual summary to be prepared by Community and Economic Development .Department. LaJ__.__._On or before March 31 of each year, the Community and Economic Development Department shall file an annual report with the City Clerk 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 -1.1- 12.1 -5. (), b The Annual Re ort of the Community and Economic Development shall include any evidence found indicating any Phase -In Credits taken by the Applicant but not earned, and anv steps taken to notifv the County Auditor of this evidence. 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 findings 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 II. 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] 21 Member, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the , 2410, at o'clock m. City Clerk Approved and signed by me on the day of o'clock M. pro jectFutTaxAbatei....... RAN4 Mayor, City of South Bend, Indiana day of 2010, at S 9 Ri il , w OC 13 2�);',1 put? is B�ARNG 22 3 rd PEA-DiNG NOT /`PPRO'VED 0Ha4 4,z,1Rr.E REFERRED >:? ? K, S: ft W4 I -iN- PASSM LL, L C) RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1400 WEST RIVERSIDE DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (S) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, LLC and AFFILIATES and EQUIPMENT LESSORS WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1400 West Riverside Drive, South Bend, Indiana, and which is more particularly described as follows: Beginning at the Southeast corner of the Southwest '/ of said, section 35; thence South 89 49' 52" West (bearing assumed) along the South he of said section, 308.97 feet; thence North 89 55' 00" West, 116.24 feet; thence North 00 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 line 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 the Plat Book 0, pages 30 and 31; thence South 89 55' 18" East along the South line of King Street, 352.84 feet; thence North 00 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 89 46' 49" East 287.05 feet to the Westerly he 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' 00" West along said South line, 156.71 feet to the point of the beginning. Commencing at the Southeast corner of the '/A of said section 35; thence North 00 00' 30" West (bearing assumed) along the East line of said Southwest'/ 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 line 336.00 feet to the South line of Queen Street; thence South 89 56' 09" 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 Lot 145 in the Third Plot of Northwest Addition recorded March 7, 1907 in Plat Book 9, page 60 in the Office 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" West along Allen Street; thence South 00 05' 51" West along said East line of Allen Street, 329.87 feet to the South line 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 6.11 feet; thence North 89 56' 09" East 308.71 feet to the Point of Beginning. and which has Tax Key Numbers 018- 2110 -4065 and 18 -2110 -4067, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION 11. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of (5) five years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et M. SECTION 111. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Co ci! C� 3 , k. ��ii :. n �', xt`g office EimN $ 20E 10 APP ROVED aRD @EN0 IN RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 W TUCKED DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, LLC AND AFFILIATES AND EQUIPMENT LESSORS (2722 W TUCKER DR.) WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 2722 West Tucker Drive, South Bend, Indiana, and which is more particularly described as follows: The following parcels of Real Estate all located in 5t. Joseph County, Indiana: A part of the South % of the Northwest % 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 '/4 of the Northwest %a of said Section 15, 580.64 feet South of the Northeast corner of said Southwest %4 of the Northwest %4, said point being 172.0 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 Enterprise, Inc. By a deed recorded October 16, 1993 in Deed Record 777, page 226; thence North along the West line of said Stanley Enterprises, inc, tract, said line being parallel with the East line of said Southwest %4 of the Northwest 1/4, 323.0 feet to the South line of Tucker Drive; thence West along the South line of Tucker Drive 215.93 feet; thence South parallel with said East line of the Southwest '/4 of the Northwest I/4, 495.90 feet to the North right-of-way line of the Indiana Northern Railway Company; thence Easterly along said North right -of -way line, 860.23 feet to the West edge of Steel Warehouse Co. Inc. 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 Northern Railway Company, 79.3 feet to the point of beginning, containing 5.0 acres, more or less.. A part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence West 540 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 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 (114) of Section Fifteen (15), Township Thirty -seven (3 7) North, Range Two (2) East, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the Northwest Quarter (1 /4) 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 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 Two 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 of the Southwest Quarter (1 /4) of the Northwest quarter (1 /4) of the Northwest Quarter (114) 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 (1/4) 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 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 15,600 feet West of the 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 comer 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 (114) 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 (1/4) of the Northwest Quarter (114) of said Section fifteen (15); thence South 492.9 feet to the North line 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. Together with a right -of -way over a 40 foot roadway North of and adjoining the aforedescribed tract, and continuing Easterly to Olive Street, which said 40 foot roadway is now commonly 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 No. 16, Township No. 37 North, Range No. 2 East, containing 20 acres, more or less, and being Lot No. 16 in the Sub - division of said Section No. 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 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 16, 219 feet, more or less, to a point 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 less, 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 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 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 line of said original right -of- way; thence South Westerly with said Easterly line a distance 454.5 feet, more or less, to the place of beginning, containing 3.04 acres, more or less; excepting third, all that part of said lot 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, 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 York 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 260 feet South and 330 feet West of the Northeast corner 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 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 -five hundredths (718,25) feet South of the North line of said Section No. 15, said point of beginning being on the Southerly line of a strip of land fifty(50) feet wide reserved for the right of way of the Indiana Northern Railroad Company thence running South on the center line of Olive Street, a distance of Six Hundred Eight and fifteen-hundredths (608.15) feet to the South east corner of said North East quarter of the North West quarter of Section No. 15; thence running West on said South line, a distance of Thirteen Hundred twenty -seven (13 27) 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. All 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 No. 2 East, that lies South of the right-of- way of the Indiana, Illinois, and Iowa Railroad Company (now New York Central Railroad), now within and a part of the City of South Bend; excepting there from a lot or parcel of land bounded as follows: Beginning at the intersection of the South Easterly line of said right -of -way and the East line of the East Half 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, more or less, to a point; thence North Easterly parallel with and 219 feet South of the Southerly line of said right -of -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, more 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, 18 -8075- 2844.04, 18- 8075 - 2844.06, 18- 8075- 2845.01, 18- 8075 - 2845.02, 18- 8075- 2845.03, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of (5) five years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. P!ZFfEIN1r.7 lFJ —. � —V lJ N01" APPROYkjtj Member of the Common Co Heil SEP 1 3 2010 JOIN voopnF C" Cep. . 4 PO. fR.Fi'a 3 D _7 +a� f � 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 926 North St. Peter Street AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Markus and Krupali Krusche WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 926 North St. Peter Street, South Bend, Indiana, and which is more particularly described as follows: The West half of Lot Numbered One Hundred Twenty -six (126) as shown on the recorded Plat of Sorin's Second Addition to the Town of Lowell, now within and a part of the City of South Bend, recorded July 27, 1860 in Plat Book 1, page 10 in the Office of the Recorder of St. Joseph County, Indiana. Containing .18 acres more or less; and this property has Tax Key Numbers 18- 5107 -3773 and 18 -5107 -3774, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et secs., and South Bend Municipal Code Sections 2 -76 e"., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1- 12.1, et 5eMc ., and South Bend Municipal Code Sections 2 -76, et se 4., 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 a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 ei seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; 2 C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Cleric to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. r� � W Rf.SC 'TED L Q -. k K)T APPiiOVEdd. .DOPTED CPU 3 Member of the CITY CL if Cd 1200 Colmar -CITY BUILDING 227 W. JEFFERSON BDu1,EVARD Sacral BEND, INDLANA 46601 -1830 PHONE 5 74123 5 -9371 FAx 5741235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LuECKE, MAYOR COMMUNITY c ®N®MIC DEVELOPMENT ,JEFFREY V. GIBNEY ExEcuTIVE DIRECTOR September 22, 2010 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 41h Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: Krusche, Markus & Krupali. Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by Markus and Krupali Krusche to build a single- family home at 926 North St. Peter Street. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build a single- family home at a cost of approximately $450,000. The project meets the qualifications for a (5) five -year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, October 11, 2010. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -5835. Sincerely, r Fv Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeffrey Gibney Don inks CommuNiT1' DEVELOPMENT EwNOMiC DEVELOPMENT FINANCIAL & PROGRAM PANTFLA C. MEYER DONALD E- INKS MANAGEMENT 5741235 -9660 574/235 -9371 ELIZABETH LEONARD FAxT 5741235 -9697 5741235 -9371 1200 CouNTY -CTY BUILDING 227 W JP.FFERSON BOULEVARD 5ouTH BENT?, INDIANA 46601 -1830 PHONE 574/235 -9371 FAx 5741235 -9021 TDD 5741235-5567 CITY OF SouTH BEND STEPHEN J. LuFcKE, MAYOR COMMUNITY & ECONOMIC EVELOPMENT JEFFkEY V. GIBNEY ExECUTIvE DIRECTOR 1 TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: KRUSCHE, MARKUS & KRUPALI DATE: September 22, 2010 On September 21, 2010, a petition for residential tax abatement consideration for real property located at 926 North St, Peter Street was filed with the City Clerk by Markus and Krupali Krusche. Pursuant to Chapter 2, Article 6, Section 2 -77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIP'T'ION Markus and Krupali Krusche intend to construct an approximate 2,400 square foot, single - family home as their primary residence. The home will have two stories with a brick exterior. It will have three bedrooms, two and one -half bathrooms, a great room, a study, a dining room, a small backyard patio and an unfinished basement. The project is part of the Notre Dame Avenue Housing Program and as such will follow the design specifications and standards required by that program. The cost of the home will be approximately $450,000. Total taxes to be abated during the (5) five -year abatement period are estimated at $1,893. Total taxes to be paid during the (5) five -year abatement period are estimated at $23,367. CON1M1iNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PA9IELA C. MEYER DONALD E. INKS MANAGEMENT 574/235 -9660 5741235 -9371 ELIZAB ETH LEONARD PAX: 5741235 -9697 5741235 -9371 South Bend Common Council RE: Krusche, Markus & Krupali September 22, 2010 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been associated with or been granted any previous tax abatements. 2. The Building Commissioner has reviewed this petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Northeast Neighborhood Development Area, which is a Tax Incremental Allocation Area; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is required. In addition, it must be noted that the property is not located within the Northeast Neighborhood's residential TIF area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year residential tax abatement under Section 2 -77.1, Single Family Residential Construction. 5 YEAR 22 -Sep -10 KRUSCHE. MARKUS & KRUPALI South Band Portage Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: Assessed Value: STRUCTURE (% AV of cost %�,*W LAND Value' . Gross Assessed Value Less Mortgage Exemption Less Homestead Deduction Less Supplemental Homestead Deduction Base Assessed Value Less Maximum Abatement Deduction Less Non- Abated Amount Plus Land Assessed Value Net Assessed Value Property Taxes: Assume constant tax rate of Total Taxes Tax Abated ** Tax Paid` ** 382,500.00 382,500.00 382,500.00 10,000.00 NIA NIA 392,500.00 382,500.00 382,500.00 (3,000.00) (3,000.00) (3,000.00) (45,000.00) (45,000.00) (45,000.00) (121,625.00) (121,625.00) (121,625.00) 222,875.00 212,875.00 212,875.00 NIA NIA (74,880.00) NIA (137,995.00) NIA NIA NIA 10,000.00 222,875.00 74,880.00 147,995.00 4.4598% 4.4598% 4.4598% Cross Tax (tax rate x net assessed value) Assessed 9,939.78 3,339.50 6,600.28 Less State & County Homestead Credit: 18.6246% (1,851.24) (621.97) Paid Tax Due Before Circuit Breaker 222,875.00 8,088.54 2,717.53 5,371.01 Less Circuit Breaker Credit _ (3,036.46) (2,338.86_ (697.59) Net Tax 222,875.00 5,052.08 378.67 4,673.41 Circuit Breaker Cap 222,875.00 5,052.08 378.67 4,673.41 Circuit Breaker 1.0000% 3,925.00 3,825.00 3,925.00 Debt Service 0.5057% 1,127.08 378.67 748.41 Circuit Braker Cap 5,052.08 4,203.67 4,673.41 Net Total *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values wilt ultimately be determined by the actual assessed valuation and the then current tax rates. * *Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. `Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. Assessed Taxes Tax Tax Year Value Due Abated Paid 1 222,875.00 5,052.08 378.67 4,67141 2 222,875.00 5,052.08 378.67 4,673.41 3 222,875.00 5,052.08 378.67 4,673.41 4 222,875.00 5,052.08 378.67 4,673.41 5 222,875.00 5,052.08 378.67 4,673.41 5 year totals: 25,260.39 1,893.34 23,367.05 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values wilt ultimately be determined by the actual assessed valuation and the then current tax rates. * *Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. `Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. ESTIMATED TOTAL TAX REVENUE KRUSCHE, MARKUS & KRUPALI *Current tax levy 'Additional tax revenue from new investment LAND* BUILDING ** TOTAL Year 1 $141 $4,532 $4,673 Year 2 $141 $4,532 4,673 Year 3 $141 $4,532 4,673 Year 4 $141 $4,532 4,673 Year 5 $141 $4,532 4,673 Total $705 $22,660 $23,365 *Current tax levy 'Additional tax revenue from new investment STATEMENT OF BENEFITS 20 PAY 20 REAL ESTATE IMPROVEMENTS State Form 51767 (R211-07) FORM SB -1 l Real Property ,. Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): I] Redevelopment or rehabilitation of real estate improvements (IC 6- 1.1- 12.1 -4) ❑ Eligible vacant building (1C 6- 1.1- 12.1 -4.8) INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction - "Pro/ects "planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6- 1.1 -12. t) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilita €ion, BEFORE a deduction may be approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERA/VBD, Whichever is applicable, must be filed with the County Auditor by the later of.- (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF -1 /Real Property annually to the application to show compliance with the Statement of Benefits, [IC 5 -1.1- 12.1- 5.1(b) and IC fi -1.1- 12.1 5.3QJ] 5. The schedules established under iC 6 -1.1- 12.1 -4(d) for rehabilitated property and under IC 6 -1.1- 12.1- 4.8(i) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before July 1, 2000. Name of taxpayer Kruoali and Markus Krusche NOTE: Pursuant to IC 6 -1.1- 12.1 -5.1 (d) (2) the COST of the property is confidential. REAL ESTATE IMPROVEMENTS COST I ASSESSED VALUE Current values 3U UUU.VU :3U UUU.UU Plus estimated values of proposed project 450,000.00 450 000.00 Less values of any property being replaced 0.00 0.00 Net estimated values upon completion of project 480,000.00 480,000.00 Estimated solid waste converted (pounds) Other benefits Estimated s CITY O i;. t preby certify that the representations in this statement are true. Si lure of authorized represen tine Title Date signed (month, day, year) Prof. 09/1712010 Page 1 of 2 We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1 -12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years " (see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ❑ Yes ❑ No 2. Residentially distressed areas ❑ Yes ❑ No 3. Occupancy of a vacant building ❑ Yes ❑ No C. The amount of the deduction applicable is limited to $ I]. Other limitations or conditions (spacify) E. The deduction is allowed for years' (see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body) Telephone number Date signed (month, day, year) Attested by (signature and title of attester) Designated body If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6- 1.12- 12.1 -4. A. For residentially distressed areas, the deduction period may not exceed five (6) years, I3. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I_C., 6 -1.1- 12.1 -1, et seq.. and South Bend Municipal Code Sec. 2 -76 et seg., for this petition states the following: Describe the proposed construction project, including information about square footage, numbers of rooms, amenities, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for long project descriptions): New home of sgft. 2400 including 10 rooms on two 2 floors with 2,5 bath , 3 bedrooms, I great room, I study room, I dinning room, small patio in backyard and unfinished basement. This home will be cladded in brick and will be designed in a colonial revival style to fit and improve the conditions of the Northeast Neighborhood. 2. Estimate the dollar value of the construction project (do not include land cost): $450,000. 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Address Interest Krupali and Markus Krusche 306 Bond Hall, University of Notre Dame Owner 46556 Notre Dame, IN 4. The commonly known address of the Property is: 926 N. St. Peters Street, South Bend, IN and having tax key no.: Portage (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit A, and is incorporated herein. The West half of Lot Numbered One Hundred Twenty -Six (126) as shown on the recorded Plat of Sorin's Second Addition to the Town of Lowell, now within and a part of the City of South Bend, recorded July 27, 1860 in Plat Book 1, page 10, in the Office of the Recorder of St. Joseph County, Indiana. Containing .18 acres more or less, with tax identification numbers of 18 -5107 -3773 and 18 -5107 -3774. Subject to all legal highways, easements and restrictions of record. 6. A map and /or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. 7. The current assessed valuation of the property before construction is $30,000 (use additional sheet for multiple addresses). (This information may be obtained from the St. Joseph County Assessor's Office, 235- 9523). 8. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): Paid by previous owner University of Notre Dame, Notre Dame, IN - For the 2008, payable 2009 taxes: 18 -5107 -3773: $147.28 18 -5107 -3774: $156.30 For the 2009, payable 2010 taxes: 18 -5107 -3773: $74.53 18 -5107 -3774: $66.82 (This information may be obtained from the St. Joseph County Treasurers office, 235 -9531) 10. What is your best estimate of the after completion market value of the property: $480,000 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: not applicable 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: The neighborhood in which this property resides deteriorated badly throughout the 1970's, 1980's and 1990's.The area of Northeast neighborhood has been under developed and is susceptible to crime to due lack of quality development in the neighboring community. This has led to fast deterioration of the real estate value and also caused adversed reaction of no individual involvement in starting new or redevelopment projects for the area. The banks are skeptical of providing loans for new houses in the neighborhood due to issue related to market value of the property in the projected future. Houses such as the one we are building are necessary to bring revitalization in the community and to jump start growth in the neighborhood. The Notre Dame Avenue Housing Program, under which this residence is being built, was created specifically by the University of Notre Dame in cooperation with the City of South Bend to reverse this trend by encouraging new, high - quality residential development in the neighborhood, which supports housing values and real estate taxes. 14. The current use of the property is vacant lot and the current zoning is housing (use). (This information may be obtained from the Building Department 235 -9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): Designated redevelopment area of the Northeast Neighborhood as identified by the South Bend Redevelopment Commission. 16. The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: Name Markus Krusche Address 306 Bond Hall, City Notre Dame State IN Zip 46556 Telephone 574 303 8577 WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. am Name of Property Owner(s): Krupali and Markus Krusche Owners Ix r (Typed or printed name and capacity) Filmd, in ice �f',, ,7 EXHIBIT "A" Legal Description and /or address of the Real Estate The West half of Lot numbered One Hundred Twenty -Six (126) as shown on the recorded Plat of Sarin's Second Addition to the Town of Lowell, now within and a part of the City of South Bead, recorded July 271 1860 in Plat Book 1, page 10, in the Office of the Recorder of St. Joseph County, Indiana. Containing .18 acres more or less, with tax identification numbers of 18- 5107 -3773 and 18 -5107 -3774. Subject to all legal highways, easements and restrictions of record. Lil ` EXHIBIT "B" A map indicating location of property CITY q, Map of 926 N Saint Peter St, South Bend, IN 46617 -1543 i; of • . N Saint Peter St, South Bend, . ;a. . , Vdhen using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning: Page 1 of 1 —1 — 6R7;A 0/71)/1)`10 ER . RaP ldAid s? Ea Qo r .Q -- E'Pokzgan St #.Ana�la [ivrt. Edison Rd kP ya p�sAhuvLy51- — x ' St V'irtcent St :. _ - , ^_ a Z E North s - H6*,�rd9 St _ ROM (d St = „shore R E � ,Tub BtUd'._.- Vdhen using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning: Page 1 of 1 —1 — 6R7;A 0/71)/1)`10 FON DETAIL 4 5 6 Q�— Lu .-i C 7 U- m T?P lRON 00 F Oj'i C, m o 19 E Ts 00-58'11" E 66.04 PT 126 135 135 134 j 12 E 11 8 L:NE ST. PETER STREET (R/W VARIES) U, TI �/4" OPEN TOD !-tP::M 7 CID --,S, !��i) 60 ?S' 65 --------------- I e" r-� PT PT co PROPERTY DETAIL 30 w 129 12 S C A L E: 125 56A4 00) CN PT PT LEGEND 127 m 126 a 0 5/8" Rt-�-Az? SF -&-7- LFA CAP co (m" Y ASU` l^ ) E Ts 00-58'11" E 66.04 PT 126 135 135 134 j 12 E 11 8 L:NE ST. PETER STREET (R/W VARIES) U, TI �/4" OPEN TOD !-tP::M 7 PT 130 m PT 127 F-3uND 4 - 3: K ,j,, !l C,.^z' EAT PT 1125 CAPPED PT ; PT E PT PT PT 128 1 127 126 125 129 I< s — 05: STATE 'ID So FOUNID --,S, !��i) 60 ?S' 65 --------------- I e" PT PT PT 30 w 129 12 56A4 00) PT 130 m PT 127 F-3uND 4 - 3: K ,j,, !l C,.^z' EAT PT 1125 CAPPED PT ; PT E PT PT PT 128 1 127 126 125 129 I< s — 05: STATE 'ID So BOUNDARY SURVEY T QUADT�'R SECTION" -i' ';12R 1 H EAS-11 A © TER � �_ OF sE , 11, TOWNISHIP -,;7 NORTH, 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, MMA SORN'S 2nd ADDITION WEST H" F 07 LOT 126 FOR JNIVEF'SJY OF NOTRE DA`ME 910 Fl-ANVIR HALL �7 , DAME, INDIANA 491536 RPORT T '. _E -6 �_ ­, \.Wt: 1) [a cc,-xds,ce T ' ,!e Bb5 , Arj�cle 1.1, C%,PW 12 ind:crc Adm:nss!ral.,e '­e #'2). -�Wxq cns�"O,:^ '-s c-i ra;.mns �Te -..Vr,�ttea qs4ng tr -e Vc6a s ;,. the �Dcct,tr- of the L—d Cwv� on lm s 5urvef 0s "a (fSO C' Ur:-'!lC;ntIes in tefelerce man,�ents. in record desor:*ons Cp'd P!Clsl it io p es er occ.:;e": a,;,, CS inl,3roce` by rC: - ,dorn fri C Is in Te_s.;emef.I (TtieeeGcoI Tpwre mcy be v;ch:5 ass-,c'olea won !*sd PLAT S I f cs s­�n reco'ced D�,I! U.,ke OT tr.e Pecvde, or q j�,se;n "rlty, Te .,_Ss �l L^u:,qs tn:s :S C, Cl -11' W !Cr the W!,T of su'r _.., i26 7- 77ivp,,.,l Ljrccricln!y fd�,e t.�, Ic":sr e"rofE ;, 'rs-l"­n�A-` �' C% e C�'mer5 C, '�e t,Dli�:! e�:Zt.s-e, np. t�i5 sur-,Iy A.,, In ons 10 , 't:Q- S_yly C� st4,f�,; :r: 1A_ 865 j J,e e [crcc; -rr ?or­1 0!5 A_s 7- L­.2, aCE ev, c-c v 'C' r vc East- YFESI C-C �te� - to t'. 'Cor: 12'% in I-Lt !;,,as C! =C­cal:un: �,­e 'n- men:5 , A cc, n' � recG,we4 a inr_e T,veve p,up_,:y C,;mvs we IF,;$ UiCck. --i li�.e _, Vi, 3,'F-�e 7'e,e. nas beer �ed s,,­,,�, & SURVEYORS CERTIFICAPON S7.� C)r ii�_-`, AL PE LA I . - -_ 1, -, - I , ,F��C-14 DESC-PiHD AND r-'S_ C.- MY KNOWLEDGE Ali[ HUF '—Az P`N P F 0 0 v D I,,, v;;1H THF R E PRA P,:, EHE AS PRESCR�C L"IICH PF i AND ',JRV r APR p 7�7S FC; P 1 C u� 1; .. i I i I — 1­1 !­ C. L � I _�ls ?,!� [,A'� C flL, 20--_`8 U' 7;7 C _V 'M : A ?; TA K CA�_ TC� R, DA.r' EACH S DC A L S, MII)BER I :S I r LANG ,�t, `cam ```\� `�i�� . 3 A` E--ANC` D. LANG R,_5 S-0523 6 2 4" 0, Creekside Mort.aa.,,e Surveys, Inc. !15 S. Sr,lel S� -i RPnc, Inc o 4660? 1 D o�e �574) 255 —E�_ -6 I Land Surveyors sccie 1 av, Dra »n _ter owe 0-6/16/2010 1 jut, rf re S�r:,ni J�,~ Po 219 4 EXHIBIT "C" Photographs of the property ) \ » a , —«w m \ « 2� � 1/ { R � i ? < MY .�� Y r a 7 � �r�. iA a �'•A°p i � � R ii 1 f 4 i ow Y r a 7 � �r�. iA a �'•A°p RESOLUTION NO. A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, NOW COMMONLY KNOWN AS 2195, 223, 2279 208,212 and 228 NOTRE DAME AVENUE and 827 WAYNE STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL- WEISSg LLP WHEREAS, the Common Council of the City of South Bend, Indiana, adopted Declaratory Resolution Number 3 785 -07 designating a certain area within the City as a Residentially Distressed Area for the purpose of tax abatement consideration; and WHEREAS, the Common Council of the City of South Bend, Indiana adopted Confirmatory Resolution Number 3788 -07 confirming the designation that a certain area within the City be a Residentially Distressed Area for the purpose of tax abatement consideration; and WHEREAS, the aforementioned Resolutions identified the area as made up of nine parcels then commonly known as 219, 222, 224, 228, 231 South Notre Dame Avenue and 827 East Wayne Street together with three vacant lots without addresses and with the following tax key numbers 18 -6003 -0069, 18- 6007 -0169, 18- 6007 -0170, 18- 6007 -0172, 18 -6003 -0074, 18- 6003 -0075, 18- 6003 -0070, 18- 6003 -0071, 18- 6007 -0171 and to be a Residentially Pistressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et se 4., and South Bend Municipal Code Sections 2 -76 et M., and; WHEREAS, the petitioner subsequent to issuance of the Resolutions, and without altering the outside boundaries of the Residentially Distressed Area, replatted the individual parcels all within the area to have the following street addresses, legal descriptions and key numbers: STREET ADDRESS LEGAL DESCRIPTION KEY NUMBER 219 Notre Dame Avenue Lot I in Weiss Homes Notre Dame Avenue 018 -6003 -0069 Minor # 1, as per plat there of, recorded in instrument number 0741125 in the Office of the Recorder of St. Joseph County, Indiana 223 Notre Dame Avenue Lot 2 in Weiss Homes Notre Dame Avenue 018 -6003 -0070 Minor #1, as per plat there of, recorded in instrument number 0741125 in the Office of the Recorder of St. Joseph County, Indiana 227 Notre Dame Avenue Lot 3 in Weiss Homes Notre Dame Avenue 018- 6003 -0074 Minor #l, as per plat there of, recorded in instrument number 0741125 in the Office of the Recorder of St. Joseph County, Indiana 827 Wayne Street Lot 4 in Weiss Homes Notre Dame Avenue 018- 6003 -0075 Minor #l, as per plat there of, recorded in instrument number 0741125 in the Office of the Recorder of St. Joseph Coun , Indiana 208 Notre Dame Avenue Lot 3 in Weiss Homes Notre Dame Avenue 018- 6007 -0169 Minor #2, as per plat there of, recorded in ' instrument number 0741126 in the Office of the Recorder of St. Jose h County, Indiana 212 Notre Dame Avenue Lot 1 in Weiss Homes Notre Dame Avenue 018- 6007 -0170 Minor #2, as per plat there of, recorded in instrument number 0741126 in the Office of the Recorder of St. Joseph Coun , Indiana 228 Notre Dame Avenue Lot 2 in Weiss Homes Notre Dame Avenue 018- 6007 -0172 Minor #2, as per plat there of, recorded in instrument number 0741126 in the Office of the Recorder of St. Joseph County, Indiana and requested that these new street addresses, legal descriptions and key numbers be recorded in the tax abatement resolutions and serve in place of those previously listed; and WHEREAS, the outside boundaries of the Residentially Distressed Area remain as originally presented; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a Residentially Distressed Area have been met in Resolutions 3785 -07 and 3788 -07 under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et seq. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the ,Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et se ., for tax abatement. 2 SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii, evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby reconfirms 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. 3 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 (S) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et se g. 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. PPE5E wm L 0 _( � �o NOT APPROV612 ADOPTS "-/ Member of the Common Council In 4 E to �.. roa'- �,_� { !� ••'c H —J In ClOrl'S CITY � 6..t1. -"'1,1.4. 1200 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PmoNF 5741235 -9371 FAx 5741235 -9021 TDD 5741235 -5567 CITY OF So= BEND STEPHENJ. LUECKE, MAYOR COMMUNITY85c ECONOMIC DEVELOPMENT JEFFREY V. GiBNEY FxBcUTrvE DIRECTOR October 4, 2010 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement for: Kendall - Weiss, LLP Dear Council Member Rouse: On September 24, 2007, through Resolution Number 3788 -07, the Common Council approved a Residentially Distressed Area (RDA) for Kendall- Weiss, LLP for residential tax abatement. The RDA contained nine parcels. The parcels were commonly known as 219, 222, 224, 228 and 231 South Notre Dame Avenue and 827 East Wayne Street plus three vacant lots that did not have street addresses. The parcels had the following tax key numbers: 18- 6003 -0069, 18- 6007 -0169, 18- 6007 -0170, 18- 6007 -0172, 18 -6003 -0074, 18 -6003 -0075, 186003 -0070, 18- 6003 -0071 and 18- 6007 -0171. After the Confirming Resolution was approved the parcels inside the RDA were replatted. Although the boundaries of the RDA were not changed, the boundaries of the parcels inside of it were reconfigured and the number of parcels was reduced to seven. Also, new legal descriptions, tax key numbers, and street addresses were adopted. This has led to confusion as potential buyers have come in to apply for tax abatements on the parcel they wish to purchase. The new tax key numbers and street addresses are as follows. ADDRESSES TAX KEY NUMBERS 219 Notre Dame Avenue 018 -6003 -0069 223 Notre Dame Avenue 018 -6003 -0070 227 Notre Dame Avenue 018- 6003 -0074 827 Wayne Street 018 -6003 -0075 208 Notre Dame Avenue 018- 6007 -0169 212 Notre Dame Avenue 018 -6007 -0170 228 Notre Dame Avenue 018- 6007 -0172 COMMUNITY DEVaomp -NT EcoNOMIc DEVELOPMENT FINANCIAL & PROGRAM PAFIIELA C. MF.YER DONALD E. INKS MANAGEMENT 5741235 -9664 5741235 -9371 ELIZAI @Um LEoxARD FAx: 574!235 -9697 5741235 -9371 South Bend Common Council RE: Kendall- Weiss, LLP October 4, 2010 Page 2 The above addresses and key numbers along with each new parcel's legal description are contained in the attached reconfirming resolution. This letter is to inform the Council of the issue and to present a reconfirming resolution. Similar requests of this type have been made before to correct scriveners' errors. Accordingly, the South Bend Common Council is requested to adopt the attached reconfirming resolution for the sole purpose of alleviating confusion created by the replatting process. This resolution corrects all scriveners' errors, with this process having been discussed with the Council's attorney. The boundaries of the Residentially Distressed Area originally approved by the Common Council have not changed, therefore, the Statement of Benefits is still correct and did not have to be revised. In all other respects, the resolution is identical to the confirming resolution previously adopted. A copy of the original abatement packet is also attached. A representative of the petitioner will be available to meet with the Committee on Monday, October 11, 2010, Should you or any of the other Council members have any questions concerning this letter, or need additional information, please feel free to call me at 235 -5835. Sincerely, ,,II � Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeffrey Gibney Don Inks Filed Inn � t`�'� Office 1200 COUNTY -Cr1Y BUILDING 227 W JEFFFRSON BOULEVARD Sourrt BEND, INDuNA 46601 -1830 August 15, 2007 NONE 5741235 -9371 FAX 574/235 -9021 TDD 5741235 -5567 CI'T'Y OF SOUTH BEND STEPHEN J. LUECKF,, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EKEcUTIVE DIRECTOR Council Member Derek Dieter, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: 1KENDALL- WEISS, LLP Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted. by Kendall -Weiss to build (6) six, single - family homes in an urban infill development located on 0.96 acres on South Notre Dame Avenue and 827 East Wayne Street. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build (6) six, single- family homes at a total cost of $1,170,000. The project meets the qualifications for a (5) five -year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, September 10, 2007. 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, r� Kathy Ha " n Economic Development p R, Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks Bob Mathia COMMUNITY DEVELOPMENT ECONOMIC DEVELOPM @NT PAMELA C. METER DONALD E. INKS 5741235 -9660 574/235 -9371 Fix: 574/235 -9697 F ! 1 i FINANCIAL & PROGRAM MANAGEMENT EUZAE rH LEONARD 5741235 -9371 ! M I' TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: KENDALL- WEISS, LLP 219, 222, 224, 228, and 231 South Notre Dame Avenue and 827 East Wayne St. DATE: August 15, 2007 On August 15, 2007, a petition for residential tax abatement consideration for real property Iocated at 219, 222, 224, 228, and 231 South Notre Dame Avenue and 827 East Wayne Street was filed with the City Clerk by Kendall- Weiss. Pursuant to Chapter 2, Article 6, Section 2 -77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area 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 (a copy of which is attached), investigated the area, and makes the following report. Kendall -Weiss intends to construct (6) six, new, single - family homes on approximately 0.06 acres of land. The homes will consist of approximately 1,800 square feet and will include three bedrooms, a basement, and an attached two car garage. The average cost of the homes will be approximately $195,000. Possible infrastructure improvements will consist of new curbs and sidewalks, replacement of water service taps, and asphalt resurfacing of the alleys. Total taxes to be abated during the five -year (5) abatement period is estimated at $10,262 per home for a total tax abatement of $61,572 for the 6 homes. South Bend Common Council RE. Kendall- Weiss, LLP August 15, 2007 Page 2 Total taxes to be paid - during the five -year (5) abatement period for each home is estimated at $8,616 per home resulting in $51,696 being paid for the 6 homes. 1. A review of the tax abatements previously granted finds that the petitioner has been associated with or been granted the following previous tax abatements. Term /Type Resolution No. ]Date 5 -year real property 3697 -07 February 19, 2007 5 -year real property 3551 -06 January 9, 2006 5 -year real property 3494 -05 July 25, 2005 5 -year real property 3481 -05 June 27, 2005 5 -year real property 3398 -04 October 25, 2004 5 -year real property 3352 -04 July 12, 2004 2, The Building Commissioner has reviewed this petition and finds the properties to be properly zoned for the proposed project. 3. A review of the 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. 9394 -03 finds that the petitioner meets the qualifications'for a (5) five -year residential tax abatement under Section 2- 7.7.1, Single Family Residential Construction. •Frr: ('--m yY.4 5 YEAR 15 -Aug -07 Kendall Weiss,LL.P �1.9�000.00 South Bend Portage Township Residential Real Property Tax Abatement Schedule' Estimated Project Cost: Assessed Value: STRUCTURE (assume 85% of project cost) LAND (assume $10,000) Gross Assessed Value Less Mortgage Exemption Less Standard Homeowners Deduction Base Assessed Value Less Maximum Abatement Deduction Less Non- Abated Amount Plus Land Assessed Value Net Assessed Value Property Taxes. Assume constant tax rate of Gross Tax (tax rate x net assessed value) Less SRTC: 21.6906 %a Less Homestead Credit: 32.0670% Net Tax Net 195000 Total Taxes Tax Abated ** Tax Paid *'`* 165, 750.00 165, 750.00 165, 750.00 10,000.00 NIA NIA 175, 750.00 165, 750.00 . 165, 750.00 (3,000.00) (3,000.00) (3,000.00) (35,000.00) (35,000.00) (35,000.00) 137, 750.00 127,750.00 127, 750.00 NIA N/A (74,880.00) NIA (52,870.00) N/A NIA NIA 10,000.00 137,750.00 74,880.00 62,870.00 5.1524 % 5.1524% 5.1524% 7,097.43 3,858.12 3,239,31 (1,539.48) (836.85) (702.63) (1,782.27) (968.83), _ (813.44) 3,775.69 2,052,44 1,723.25 . Total *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. * *Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. ** *Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. Assessed Taxes Tax Tax Year Value Due Abated Paid 1 137,750.00 3,775.69 2,052.44 1,723.25 2 137,750.00 3,775.69 2,052.44 1,723.25 3 137,750.00 3,775.69 2,052.44 1,723.25 4 137,750.00 3,775.69 2,052.44 1,723.25 5 137,750.00 3,775.69 2,052.44 1,723.25 5 year totals: 18,878.43 10,262.19 8,616.24 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. * *Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. ** *Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. STATEMENT OF BENEHTS .v State Form 27167 (R7l 12 -01) Prescribed by the Department of Local Government Finance s f FORM SB "1 INSTRUCTIONS: 1. This statement must be submitted to the body designating the economic revi6fization area prior to the public hearing if the designating body requires fnfor- rnation from the applicant iii making its decision about whether to designate an Economic Revitalization Area, Otherwise this statement must be submitted to the designating body sEFORE a person installs the new manufacturing equipment and 1 or research and development equipment, or BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects "planned or committed to after July 1, 1987 and areas designated after July 1, 1987 require a STATFMENNT OF BENEF ITS. (IC 6 1_ f -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabifrtation, or prior to installation of the new manufacturing equipment and/or research and development equipment. BEFORE a deduction maybe approved. 3. To obtain a deduction, Form 322 ERA, Real Estate Improvements and I or Farm 322 ERA 1 PPME and I or 322 ERA 1 PPR B AF, must be filed with the county auditor, With respect to real property, Form 322 F._RA must be fled by the later of' (1) tVfay iQ ar f2) thirty (30) days after a notice of increase in real property assessment is received from the township assessor. Form 322 ERA I PPME and l or 322 ERA R & DE must be filed between March 1 and May 75 of the assessment year in which new manufacturing equipment and I or reseanh and development equipment becomes assessable, unless a filing extension has been obtained. A person who obtains a filing extension must rile the form between March 1 and the extended due date of that year 4. Property owners whose Statement of Benefits was approved after June 30, 1991 must submit Form CF - 1 annually to show compliance with the Statement of Benefits. (IC6- 1.142.1 -5.6) 5. The schedules established under IC 6 -1.1- 12.1 -4(d) and IC 6 -1. f- 12.1 -4.5 (e) effective July 1, 2000 apply to any statement of benefits fried on or after July 1, 2000. The schedules effective prior to July 1, 2000 shall continue to apply to those statement of benefits filed before July 1, 2000. Nacre of taxpayer K4 JpoAt -L �F —tSS 3 LLP Address of taxpayer (street and number, city, state and ZIP code) Location of property Uounry lazing arslnce F— Ile .nr- M F—'/4 I 5aC. [Z, T37 M CL7-E I c�,; .; �se~t�l+ �rz� T OAJE Description of real property improvements and 1 or new manufacturing equipment and I or ESTIMATED research and development equipment (use additional sheets if necessary) Start Date Completion Date UAIPERpEJE+.oprfi? A4,Jo IA A-jT- paopea -r-j wto- Qsd Real Estate pE%l6%.ore0 1t--hv (o 1.94W Six.)(n .E- FAmIL.-( f- hrA6.Sa- �i4t.1� tf►rWRoV&Ar.Jts Ma°`( Ir1JLA•u06- ME'101 New Mfg Equipment cvfi6s � ff jMwa1.Y--S , WATTS T4PS A00- AwE-{ I.(-_WpFAr-i R a DE * r ;Cost s Current number Salaries N retained Salaries Plumber additional salariies PA Nr4 iNA- tj� 6JA" •e•e NOTE: Pursuant to IC ti 1.i- 12.1 -5.t (d) (2) the t Estate Improvements Machinery 3iesearcb and D®velopment Equipment COST of the property is confidential. Assessed Value Cost Assessed value Cost Assessed Value Current values Plus estimated values of proposed project % 170 000 Less values of any properly being replaced A IVeI estimated values upon completion of project 1 , i'7A, 000 Estimated solid waste converted (pounds) Other benefits: OA Estimated hazardous is in this statement are true. Title I Date signed (month, day, year) CITY OF SOUTH BEND9 INDIANA PETITION FOR RESIDENTIAL 'TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to If, 6- 1.1- 12.1 -1, et sea- and South Bend Municipal Code Sec. 2 -76 et seg. for this petition states the following: 1 _ Describe the proposed construction project, including information about square footage, numbers of rooms, amenities, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet fox long project descriptions): *F- (o llopos 13 Ii F..3 JA g 5 t�S si LE 'iY�UGi 11/� P OJ /J ��nlo IAAtE-tr N VV d 1 Arm t F " � Ate'". - v ,►A% _ Q CIO r�wa. pEJ 1.oPM tg VITAL, iza rK� Gir1/ A*+D Is Ar "-f or3ae:lrn,re- wmttr� 2. Estimate the dollar value of the construction project (do not include land cost): $ `y7t0 020 3. The teal property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Address interest 8ZS S. 5EPF Opj 13L D. Eac> IN r -t. 4. The commonly known address of the Property is: S Sw-�' _ _ _ and having tax key no.:_ sEe- A--T—i Ac444g, Sot E (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit "A", and is incorporated herein. 6. A snap and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit "B ", and is incorporated herein. 7. The current assessed valuation of the property before construction is $ 15 l�'ftAAc4t> (use additional sheet for multiple addresses). ('iris information may be obtained from the St. Joseph County Assessor's Office 235 -9523) 8. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit "C ", and incorporated herein. 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): (This information may be obtained from the St. Joseph County Treasurers office 235 -9531) 10. What is your best estimate of the after completion market value of the property: $ 1 17O Ooo Tax Key Number Property Address Assessed Valuation` Land Improvements Total Taxes Paid 2006 ** 2005 * ** 18-6003 -0069: 219 S. Notre Dame Ave. $8,300 $27,900 $36,200 $488.25 $384.72 18 -6003 -0070 Vacant Lot $6,500 $0 $6,500 $325.59 $101.59 18 -6003 -0071 r Vacant Lot $6,500 $0 $6,500 $325.59 $101.59 18- 6003 -0074 231 S. Notre Dame Ave. (Vacant) $4,600 $0 $4,600 $133.14 $126.50 18 -6003 -0075 827 E. Wayne St. (Vacant) $9,200 $0 $9,200 $318.74 $302.86 18- 6007 -0169 ,� 222 S. Notre Dame Ave. (Vacant) $5,600 $0 $5,600 $181.56 '$172.52 18 -6007 -0170 a 224 S. Notre Dame Ave. (Vacant) $2,000 $0 $2,000 $3228 $30.66 18-6007 -0171 f Vacant Lot $5,300 $0 $5,300 $165.42 $157.18 18 -6047 -0172 228 S. Notre Dame Ave. $7,300 $19,100 $26,400 $1,008.74 $958.42 Total $55,300 $47,000 $102,3001$2,979.271 $2,336.04 "Before construction and improvements. * *Taxes paid 2007. ** "Taxes paid 2006. PARCEL VI: PART OF LOT NUMBERED FOUR (4) AS SHOWN ON THE RECORDED PLAT OF ADAM BARMAN'S SUBDIVISION OF LARGE LOT NUMBERED 21 IN SAMUEL L. COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, IN ST. JOSEPH COUNTY, INDIANA, DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF SAID LOT NUMBERED 4; RUNNING THENCE EAST, 122.5 FEET; THENCE SOUTH 33 FEET; THENCE WEST 122.5 FEET TO THE EAST LINE OF NOTRE DAME AVENUE IN THE CITY OF SOUTH BEND; THENCE NORTH ALONG THE EAST LINE OF NOTRE DAME AVENUE, 33 FEET TO THE PLACE OF BEGINNING. (TAX ID # 18- 6007 -0169) 1-,,.z 'r .& v PARCEL VII: A LOT OR PARCEL OF LAND FORTY -TWO AND ONE -HALF (42 112) FEET IN WIDTH, EAST AND WEST, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE EAST END OF LOT NUMBERED FOUR (4) AS SHOWN ON THE RECORDED PLAT OF ADAM BARMAN'S SUBDIVISION OF LARGE LOT NUMBERED TWENTY -ONE (2 1) IN SAMUEL L. COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND. (TAX ID # 18- 6007 -0171) (i t., PARCEL VIII: THE NORTH ONE -HALF OF LOT NUMBERED THREE HUNDRED THIRTY -THREE (333) AS SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S ADDITION TO THE TOWN OF LOWELL, NOW WITHIN AND PART OF THE CITY OF SOUTH BEND, TOGETHER WITH THE SOUTH ONE -HALF OF THE VACATED ALLEY LYING NORTH AND ADJACENT TO SAID LOT NUMBER THREE HUNDRED THIRTY -THREE (333). (TAX ID # 18- 6003 -0069) -2- d 41, ( SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD. THIS DESCRIPTION WAS PREPARED BY DEREK J. SPIER, A.I.C.P. EMPLOYED BY ABONMARCHE CONSULTANTS OF INDIANA, L -L -C:, ON AUGUST 3,2007; THIS DESCRIPTION IS BASED UPON RECORD DOCUMENTS, NO RETRACEMENT SURVEY SERVICES WERE RENDERED TO CREATE THIS DESCRIPTION. Exhibit. "C" Photograph l -- Looking Southwest along the West Side of Notre Dame Avenue I rom the Northeast Corner of Lot 333 in Samuel L. Cottrell's First Addition CD LO Photograph 2 — Looking Southeast along the East Side of Notre Dame Avenue from the Northwest Corner of Lot 4 in Adam Barman's Subdivision s e y h j`{ asp s p3 s n�73 66 12 in d ko w _ k w • A � n � � � 4 it f � � f� `1 0. Q a/r s�s*r aa• .�[ -------------- � Aa'N 300,a6eEc 1 I 3 3 I ! e 5 f � h pi 3 f STU- p�n I , I I ! j 1 3 I I w ¢, o r i I I I N I gSj.F ; 1 I a�r'j6. d i •d.��� r:. I j r r,l I I � I I ii.I000a ----------------- r/r A3TY ]EW .N -------------------- ------------------- I I I t t I 1 a li rlli I I 3 ---------------- KI ul it i a' S I ___.— __-- __ —____l 1 i 1 S , {M /)J .99) 3nN3AY 30YQ 3I{lGN aasae e,o,aneo. �r aar ��$ J N� I I I N y �q4�s t gSj.F ; gga U a�r'j6. d i •d.��� r:. I j r r,l I � I I ii.I000a ----------------- r/r A3TY ]EW .N -------------------- ------------------- I I I t t I �r aar ��$ J N� N �yjj gga U La za x = r g I I I i I I I i r i t t I F 7 r 1 i i i 1 1 E I F 1 e y, g .fie.A�c p'& 8:�pq 1.51 +H��L"'7�a�Y1 p MOP Y E 5 L PRE �tt r nT N � i ' � •y�,. 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LDECKL, MAYOR CommuNITY & Ecowmic DEVELOPMENT JEFFREY v GIBNEY ExECtJ w DIRECTOR October 4, 2010 South Bend Common Council - -� Fourth Floor Council Chambers 400 County City Building South Bend, IN 46601 Dear Council Members: The attached resolution for your consideration and approval will authorize submission of a Brownfields Assessment Grant application to the United States Environmental Protection Agency. We intend to submit an application for a $200,000 Assessment Grant to restart the Assessment program that was funded by a previous EPA grant. That grant was closed out last year. With the previous assessment grant we were able to conduct environmental assessments at nine locations. If this application is approved we anticipate being able to conduct approximately ten environmental assessments at locations throughout South Bend. We will also use some of the grant to update and expand our existing brownfield inventory. The application is due at EPA by October 15th. I will attend the Council meeting on October 11th. Please contact me at 235 -9374 or at akolata[ southbendin.gov if you have any questions. Sincerely, Z;ZIZ2� Ann E. Kolata Senior Redevelopment Specialist CommuNITY DEVELOPMENT EcoNomic DEVELOPMENT FINANCIAL & PROGRAM PANIFLA C. MEYER DONALD E. INKS MANAGEMENT 5741235 -9660 5741235 -9371 ELIZABETH LEONARD FAX: 5741235 -9697 5741235 -9371 l.' b RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR A BROWNFIELD ASSESSMENT GRANT WHEREAS, the United States Environmental Protection Agency has financial assistance for brownfield revitalization, including grants for site assessments; and WHEREAS, the City of South Bend intends to request a $200,000 Assessment Grant in order to restart the Citywide Brownfield Site Assessment Program; and WHEREAS, the Mayor is the Chief Executive Officer of the City and is the appropriate applicant for the Environmental Protection Agency Brownfield Assessment Grant. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to apply to the United States Environmental Protection Agency for a $200,000 Assessment Grant and to execute all documents related to any grant awarded. SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the application submitted to the United States Environmental Protection Agency, SECTION Ill. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any funds received from the United States Environmental Protection Agency. SECTION IV. That the City of South Bend, Department of Community and Economic Development is hereby designated as the agency and office administering, on behalf of the City of South Bend, the Brownfield Assessment Grant awarded under this application. SECTION V. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. VJ• i`� l .Qs�� t . . Member of the Common Council Ek f'h'- Z) cl411:0 [0 -1 � �j NOT APPROVEd DOPTEU y 1200 COUNTY -CITY BUILDING 227/. J.P-PFERSONBOULEVARD SOUTH BEND, IND?ANA 46601 -1830 PHONE 5741235 -9371 FAx 5741235 -9021 TDD 5741235 -5567 CITY OF So T1'H BEND STEPHEN J. LuF -CKE, MAYOR CommiJNiTy & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR October 4, 2010 South Bend Common Council Fourth Floor Council Chambers 400 County City Building South Bend, IN 46601 Dear Council Members: The attached resolution for your consideration and approval will authorize submission of a Brownfields Cleanup Grant application to the United States Environmental Protection Agency. We intend to submit an application for a $200,000 Cleanup Grant to remediate a heating oil spill affecting the groundwater at the site of a former Studebaker Corporation Underground Storage Tank (UST) located at 730 United Drive. The UST was associated with Studebaker operations at former buildings 69 and 113. The tank was removed prior to the 1986 Indiana tank registration deadline and there are no records of its removal. The spill was discovered after Building 69 was demolished, during the construction of the Public Sector Service Center. The grant application is due at EPA by October 15th. 1 will attend the Council meeting on October 11th. Please contact me at 235 -9374 or at akelata@southbendin.gov if you have any questions. Sincerely, Z<Z'; 11 Z4- Ann E. Kolata Senior Redevelopment Specialist COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAmRLA C. MEYER DONALD E. INKS MANAGEMENT 5741235 -9660 5741235 -9371 ELIZAO�TH LFONAW FAX: 5741235 -9697 5741235 -9371 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR A BROWNFIELD CLEANUP GRANT WHEREAS, the United States Environmental Protection Agency has financial assistance for brownfield revitalization, including grants for site cleanups; and WHEREAS, the City of South Bend intends to request a $200,000 Brownfield Cleanup Grant for remediation of a heating oil spill at the site of a former Studebaker Corporation Underground Storage Tank (UST) at 730 United Drive; and WHEREAS, the Mayor is the Chief Executive Officer of the City and is the appropriate applicant for the Environmental Protection Agency Cleanup Grant. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. That the Mayor of the City of South Bend, Indiana, is hereby authorized to apply to the United States Environmental Protection Agency for a $200,000 Brownfield Cleanup Grant and to execute all documents related to any grant awarded. SECTION 11. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the application submitted to the United States Environmental Protection Agency. SECTION III. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any funds received from the United States Environmental Protection Agency. SECTION IV. That the City of South Bend, Department of Community and Economic Development is hereby designated as the agency and office administering, on behalf of the City of South Bend, the Cleanup Grant awarded under this application. SECTION V. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. flPESENTU> 13-- V �- 11) J,tOT APPROVII sLA- &A� (4- Member of the Common Council kcn On :-JI'a lxua CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF THEOM ctobber 6, 2010 South Bend Common Council 227 W. Jefferson Blvd, Suite 400 S South Bend, Indiana 46601 Dear South Bend Common Council: The City of South Bend has completed their final review of the St. Joseph Multi - Hazard Mitigation Plan and believes it to be in compliance with the requirements from Disaster Mitigation Act of 2000. Beginning in 2009, South Bend has partnered jointly with other local units of government in St. Joseph County for the creation of a Plan that gives clear direction on long - terra plans that can reduce the impact of future natural disasters. We all recognize the threat that natural disasters pose to people and property. Furthermore, the City understands that by undertaking hazard mitigation actions before a disaster occurs, it will reduce the potential harm to people and property while saving tax -payer dollars. I would ask that the South Bend Common Council review and adopt this plan on behalf of the City of South Bend. The approval of this Plan is not an indication that the actions described will or can be automatically funded but without a Plan the City is ineligible for future grant funding for mitigation projects through FEMA. Sincerely, Stephen J. Luecke Mayor Ffl" d In Clark ,la g 0('T - 7 20,10 CITY Cute 'K' M U.". IN. CouNTY -CITY BUILDING ° 227 W. JEFFERSON BoULEVARD • SOUTH B NA 1 PHONE 574/235 -9261- FAx 5741235 -9892 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE ST. JOSEPH COUNTY MULTI - HAZARD MITIGATION PLAN WHEREAS, the City of South Bend recognizes the threat that natural hazards pose to people and property; and WHEREAS, undertaking hazard mitigation actions before disasters occur will reduce the potential for harm to people and property and save taxpayer dollars; and WHEREAS, an adopted multi- hazard mitigation plan is required as a condition of future grant funding for mitigation projects; and WHEREAS, the City of South Bend participated jointly in the planning process with the other local units of government within the County to prepare a Multi- Hazard Mitigation PIan; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. The City of South Bend hereby adopts the St. Joseph County Multi - Hazard Mitigation i'lan as an official plan; and Section II. The St. Joseph County Emergency Management Agency will submit on behalf of the participating municipalities the adopted Multi- Hazard Mitigation Plan to the Indiana Department of Homeland Security and the Federal Emergency Management Agency for final revie'.v and approval. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member, South Bend Common Court Qar Ym 3R &� � u NOT APPRO�tfT CITY C' I200 CouNTr -Crrr BUILDiNG 227W JEFPERsoN BOULEVARD Sovr1l BEND, INDIANA 46601 -1830 PHONE 5741235 -9371 FAX 5741235 -9021 TDD 574/235 -5567 CITY OF SouTH BENZ} STEPHEN J. LUECKF-, MAYOR COMML1NiTy & ECONOMIC IDIEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECT'OP, October 4, 2010 Mr. Derek Dieter President South Bend Common Council 227 W, Jefferson Blvd. ,Suite 400 South Bend, 1N 46601 Dear President Dieter: The attached bill for the Council's consideration and approval will transfer $508,976 in Community Development Block Grant (CDBG) funds as part of the 2011 Action Plan of the 2010 - 2014 Housing & Community Development Plan. As the Council will recall, the proposed allocation of funds was provided via email and in paper form to Council members on August 25, 2010 and made public beginning September 8, 2010 for a 30 -day public comment period. The plan was also the subject of 2 public hearings on September 15th. This bill is a companion to the CDBG general appropriation bill of $2,596,651 also filed today. Should there be any questions on this bill please contact me at 235 -5845. I will be present to address this issue at the October 25th meeting. Thank you. CC: Since ' ly, ezlllx Pamela C. Cr Director r; 'T J Lnin John March Judy Rosheck Jeff Gibney Elizabeth Leonard C'`f t.;. ' t, Ca Z;eatara CQMMuNm DEVELOPMENT EcoNoMTc DEVELOPMENT FINANCIAL & PROGRAM PANISLA C. MFYER DoNAw E. INKS MANAGEMENT 5741235 -9660 5741235 -9371 ELIZABETH LEONAER f FAX: 5741235 -9697 5741235 -9371 C� /� ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $508976.00 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 COMMUNITY DEVELOPMENT IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Statement of Pu ose and Intent: In order to assure the efficient and timely utilization of Community Development Block Grant Funds in accordance with the community's Housing & Community Development Plan, transfers are needed: NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The sum of $508,976.00 is hereby transferred among accounts within Fund 212 as set forth below. This appropriation shall be administered in fiscal year 2031 by the Department of Community and Economic Development and its subgrantees, in accordance with the 2011 Housing and Community Development (HCD) Action Plan, which is hereby approved and incorporated by reference with respect to the following distributions: Reduce the following: Amount CD07 - 8104 CHC 30,963 CD07 — 8126 South Bend Heritage Office Project 1,150 CD08 -8107 Housing Development Corporation REWARD 16,000 CD08 -8134 Indiana Plan 28,555 CD08 -8161 Community Coordinated Child Care 1,263 CD08 -8171 SBPD Foot Patrols 81 CD08 -8100 Program Delivery Housing Counseling 31,613 CD09 -8149 Habitat for Humanity Cleveland Street 785 Excess Program. Income 18,442 Excess 2010 Entitlement 380,124 Total $508,976 Increase the following: Amount 2011 Rebuilding Together, Inc. 135,000 2011 South Bend Heritage Foundation Robertson Rehab 337,500 2011 South Bend Police Department — Foot Patrols _36,476 Total $508,976 SECTION II, This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Coun 'l Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20 , at o "clock M. City Clerk Approved and signed by me on the day of 20 at o'clock An, Stephen J. Luecke, Mayor - - -------- L: C �EAIZIO PTA Di NI G APPROVO -RED 1200 Couwy -Cn y BUILDING 227 W JEFFERSON BOULEVARD SOUTH BPNL), INDIANA 46604-1830 PHONE 5741235 -9371 FAx 5741235 -9021 TDD 574/ 235 -5567 CITY OF SO= BEND STEPHEN J. LuFcKE, MAYOR COMMUNITY EcONOMIc DEVELOPMENT Mr. Derek Dieter President South Bend Common Council 227 W. Jefferson Blvd. Suite 400 South Bend, IN 46601 Dear President Dieter: JEFFREY V GIBNEY. EXECUTIVE DIRECTOR October 4, 2010 The attached bill for the Council's consideration and approval will appropriate $118,414 in 2011 Emergency Shelter grant (ESG) funds as part of the 2011 Action Plan of the 2010 -2014 Housing & Community Development Plan. As the Council will recall, the proposed allocation was included in the information provided on August 25, 2010 and made public for the 30 day comment period beginning September 8, 2010. The Plan was also the subject of two public hearings on October 15, 2010. Should there be any questions on this bill please contact me at 235 -5845. I will be present to address this at the October 25th meeting. Thank you. Sincer , Pamela C. M er Director cc; J. March J. Gibney E. Leonard G. Zientara J. Itosheck C,,C ; 5 21010 yTti �JrG'1'-1E COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCI.AiL & PROGRAM j ry jl /- PAhIEE.A C. NFEYER DONALD F, INKS MANAGEMENT V 574/235 -9660 5741235 -9371 ELIZABETH LEONARD FAX: 5741235 -9697 5741235-9371 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $118,414 WITHIN FUND 212 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM STATEMENT OF PURPOSE AND INTENT In order to deliver service to homeless individuals within our community, the City of South Bend received funds from the U.S. Department of Housing and Urban Development for the delivery of such services through various sub- grantees. The funds appropriated in this ordinance will aid in defraying the costs of shelter operation and maintenance and in providing essential services and assistance in homeless prevention. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: Section I. The Sum of $118,414 is hereby appropriated in fund 212 and allocated among accounts as set forth below. This appropriation shall be administered by the Department of Community and Economic Development and its designated subgrantees, in accordance with the 2011 Housing and Community Development (HCD) Action Plan, which is hereby approved and incorporated by reference with respect to the following distributions: Center for the Homeless $32,000 AIDS Ministries /AIDS Assist 15,414 Youtb Service Bureau 26,000 YWCA 45,000 TOTAL $118,414 Section 11. No costs will be incurred or funds expended for any of the programs addressed in this ordinance prior to completion and subsequent certification of the Environmental Review Process specified in Title Twenty -four (24) part Fifty -eight (58) of the Code of Federal Regulations, containing the Environmental Review Procedures for the Emergency Shelter Grants Program, and the receipt of an official release of funds from the U.S. Department of Housing and Urban Development. 15j UADING pucL(C HEARING 3,,d READING NOT APPROWD ;,EMIZED PASSED Section III, This ordinance shall be in full force and effect from and after its passage by the Common Council and Approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. City Clerk Approved and signed by me on the day of 2 , at o'clock . M. Mayor, City of South Bend, Indiana C''T•. ... . - tea', 1200 COUNTY -Cny BuLDING 227 W JEFFERSON BouiEVARD SOUTfi BEND, INDIANA 46601 -1830 PHONE 5741235 -9371 FAx 574/235 -9021 TDD 5741235 -5567 CITY of SoUTH BEND STEPHEN J. LuECKE, MAYOR C®MMVNiTy EcONOMIc DEVELOPMENT Mr. Derek Dieter President South Bend Common Council 227 W. Jefferson Blvd. Suite 400 South Bend, IN 46601 Dear President Dieter: JEFFREY V. GiBNEY EXECUTIVE DIRECTOR October 4, 2010 The attached bill for Council consideration and approval will appropriate $2,596,651 in 2011 Community Development Block Grant (CDBG) funds. This action complements the transfer of $508,976 in reprogrammed funds and together they allocate new funds in accordance with the 2011 Action Plan of the 2010 -2014 Housing and Community Development Plan. As was provided to the Council members on August 25, 2010, the 2011 HCD Action Plan was the subject of a 30 -day public comment period that began September 8, 2010 and expired October 8, 2010. In addition, the 2011 HCD Action Plan was the subject of two public hearings held on September 15, 2010. Comments received during the comment period and public hearings were taken into consideration in developing the final 2011 HCD Action Plan. Should there be any questions on this bill please contact me at 235 -5845. 1 will be present to address this issue at the October 25th meeting. Thank you. Sin ely Pamela C. Mey Director cc: Jeff Gibney Greg Zientara a. �nAt John March +' =r 4or. ��. T::; Judy Rosheck B;�th T COMNi13NITY DHYELoPMENT EcoNomic DI?V'aopmF..NT FINANCIAL & PROGRAM T PAMELA C. MUFA DaNALD E. INKS MANAGEMPNT U 574/235 -9660 5741235 -9371 ELIZAEBTH LEoNARD FAX: 5741235 -9697 574!235 -9371 L ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $2,596,651 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH[ BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2011, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. Statement of Purpose and Intent: The government of the City of South Bend, in partnership with the City's private sector and residents, is committed to the goal of improving the quality of life in the City, its neighborhoods, and for its residents. As part of this commitment to a comprehensive community development and improvement program, the City of South Bend, through its Department of Community and Economic Development, will apply for and anticipates receiving on or about January 1, 2011 the approval of the United States Department of Housing and Urban Development to expend $2,596,651 in the execution of certain housing rehabilitation /assistance, code enforcement, public improvement, neighborhood development, public service, and general program planning and development activities. In order to implement the aforementioned activities, funds are required. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The sum of $2,596,651 is hereby appropriated for the program year starting January 1, 2011, for the City of South Bend's Community Development Block Grant Fund (Program Year 2011). The appropriation shall be used as approved by the United States Department of Housing and Urban Development under Title Twenty -four (24) of the Code of Federal Regulations, Part Five Hundred and Seventy (570) for the Community Development Program Year 2011. This appropriation shall be administered by the Department of Community and Economic Development and its designated subgrantees, in accordance with the 2011 Housing and Community Development (HCD) Action Plan, which is hereby approved and incorporated by reference with respect to the following distributions subject to quarterly progress reports being submitted by Community & Economic Development and all sub recipients. B- 11 -MC -18 -0011 Community Development Program Near Northwest Neighborhood, Inc.- Planning & Administration I20,000 South Bend Heritage Foundation — Planning & Administration 162,000 South Bend Human Rights Commission -Fair Housing Activities 10,000 r:�DA'I'A1.SHARL:(OMMDEV',CDBG PROGRAM12011 PROGRAM YEAR APPI.ICAMN PROCESSV?4I I CDBG ORDINAN('E.DOC South Bend Police Department — Foot Patrols REAL Services — Aging in Place Home Modification Community Homebuyers Corporation - Forgiveable Second Mortgage LaCasa de Amistad — Bathroom Rehab Division of Community Development - SB Home Improvement Program Housing Development Corporation - REWARD Near Northwest Neighborhood — Program Delivery Near Northwest Neighborhood — Revitalization Program Neighborhood Resources Corporation — Neighborhood Capacity Building South Bend Heritage Foundation — Colfax Campus Rehab South Bend Heritage Foundation — NWS Neighborhood Acquisition Rehab Northeast Neighborhood Revitalization Organization- Northeast Acquisition South Bend Heritage Foundation -- Heritage Homes Geo Thermal TOTAL 53,524 248,000 275,000 40,000 450,000 30,000 50,000 300,000 20,127 90,000 100,000 340,000 308,000 $2,596,651 SECTION 11. No costs will be incurred or funds expended for any of the activities addressed in this ordinance prior to completion and subsequent certification of the Environmental Review Process specified in Title Twenty -four (24) of the Code of Federal Regulations, Part Fifty Eight (58) containing the Environmental Review Procedures for the Community Development Block Grant Program, and an official release of funds received from the United States Department of Housing and Urban Development. SECTION 111. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Ot_CQ,� V3 o' Member of the Common Co Veil jPis "°'': ,`�.•:.. _. .... n, s.. ..��{J C';',DATA�$HARC' +('OMMDEV .CDBG PRCiGRAM' 01 I PROGRAM YEAR APPLICATION PROCESS',201 1 CDBG ORDINANCE DOC Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,20 , at o'clock M. City Clerk Approved and signed by me on the day of , 20 , at o'clock m, Stephen J. Luecke, Mayor OCT-52010 st READING JELIC NEARRh , rd READING O7 APPROM. EFERRED ASSED _ L,_ �,� 0z) - �Os­ - t () . ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR APPROXIMATELY 84 ACRES LOCATED AT THE SOUTHEAST QUADRANT OF SAMPLE STREET AND PRAIRIE AVENUE, COUNCILMANIC DISTRICT 6 IN THE CITE' OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the rezoning of approximately 84 acres located in the City of South Bend, Portage Township, St. Joseph County, Indiana, has been filed by the City of South Bend by its Redevelopment Commission for lands owned by the City of South Bend, to provide for a mixed - use PUD District to be known as "Ignition Park PUD ", NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana; be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: That part of the Northeast Quarter of Section 14 and the Northwest Quarter of Section 13, both in Township 37 North, Range 2 East, Portage Township; City of South Bend, St. Joseph County, Indiana which is described as: Beginning at the intersection of the Centerline of Prairie Avenue with the Centerline of Sample Street; thence East along said Centerline of Sample Street and the North line of said Northwest and Northeast Quarter Sections a distance of 1,946.0 feet more or less to a point of intersection of the Centerline of Sample Street with the Centerlinc of the first North -South 14 -foot wide Public Alley East of Franklin Street extended North; thence South along said Public Alley Centerline a distance of 287.0 feet more or less to a point of intersection with the Centerline of the first East -West 14 -foot wide Alley South of Sample Street; thence East along said Centerline a distance of 213.25 feet more or less to the Centerline of Lafayette Boulevard; thence South along said Centerline a distance of 312.25 feet more or less to the Centerline of Garst Street; thence West along said Centerline a distance of 410.25 feet more or less to the Centerline of Franklin Street; thence South along said Centerline a distance of 687.32 feet more or less to the South line of Stull Street and the North line of Lot # 2 of the Plat of "Transpo Minor Subdivision" recorded by Document No. 0918833 in the records of the St. Joseph County, Indiana Recorder's Office; thence along the North line of said Lot # 2, S. 89 "- 2l' -27" W. a distance of 400.84 feet more or less to the Northwest corner of said Lot # 2; thence S. 00°- 19' -00" E. along the West line of said Lot # 2 and its Southerly extension a distance of 1,020.34 feet more or less to the South line of a 30 -foot wide Right -of -way for the Penn Central Railroad formerly known as the Terre Haute & Logansport Railroad and as shown on said "Transpo Minor Subdivision" Plat; thence Northwesterly and Westerly along said South line a distance of 1,072.22 feet more or less to the Centerline of Kendall Street; thence North along said Centerline a distance of 660.0 feet more or less to the point of intersection with the Centerline of Cotter Street; thence West along the Centerline of Cotter Street a distance of 893.0 feet more or less to the Centerline of Prairie Avenue; thence along the Centerline of prairie Avenue for the next Two (2) Courses, N. 28 °- 18' -01" E. a distance of 1,230.0 feet more or less and N. 00 °- 03' -53" W. a distance of 463.0 feet more or less to the point of beginning. Containing 87.15 Acres more or less. Subject to all legal highways, easements and restrictions of record. be and the same is hereby established as a PUD – Planned Unit Development to be known as the "Ignition Park PUD" to be regulated according to the "Ignition Park PUD Zoning Ordinance" attached hereto as Exhibit "A" and incorporated herein by this reference. SECTION 11. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Attest: City Clerk Member of the Common Couq�E11 Presented by me to the Mayor of the City of South Bend, Indiana on the , 20_ at o'clock m. Deputy City Clerk day of- Approved and signed by me on the day of , 20 —, at o'clock .m. 1,t PEADiNG � 0 - i \- o PUELi-- {- ;EARNG 3rd PEAR NG NOT APPROVED REFERRED PASSED Mayor, City of South Bend, Indiana FW% In 6�es; 2010 AD i Cli!' CEFRK, M B&A 1% Date Filed Date received by the Area Plan Commission Application No. I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: The southeast quadrant of Sample Street and Prairie Avenue. 2) Name and address of property owner(s) of the petition site: City of South Bend South Bend Redevelopment Commission 1200 County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -9371 3) Name and address of contingent purchaser(s), if applicable: Not Applicable. 4) It is desired and requested that this property be rezoned from GI — General Industrial to _ P_UD„ Planned. Unit Development to be known as "Ignition Park PUD ". 5) This rezoning is requested to allow the following use(s): The proposed rezoning is intended to provide for the development of a high tech industrial park to be known as Ignition Park, a launching pad for technological innovation. Ignition Park, in combination with Innovation Park, creates a two -site, single, State Certified Technology Park within the City of South Bend. It is anticipated that development within Ignition Park may include, but not be limited to: research and development facilities; education; office; prototyping facilities; and, support uses. 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of'names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed in 8 %a" x 1 I" format. St. Joseph County Area Plan Commission on behalf of the City of South Bend, South Bend Redevelopment Commission By: Printed: � /U yog-l'i l Title: &_.ec�az", & Dm EG7Df2. PETITION PREPARED BY: John Byorni, Executive Director St. Joseph County Area Plan Commission 1140 County -City Building 227 West Jefferson: Boulevard South Bend Indiana 46601 (574) 235 -9571 JBYORNI @co.st joseph.in.us ADDITIONAL CONTACT PERSON: Geri Hathaway, Director Ignition Park c/o Innovation Park at Notre Dame 1400 E. Angela Boulevard South Bend, Indiana 466I7 (574) 261-3184 geri @hathaway2.com � ��r�rr+^.... F T, yj ��� �•��R� D C!TV CU�' Exhibit "A" Legal Description for Ignition Park PUD That part of the Northeast Quarter of Section 14 and the Northwest Quarter of Section 13, both in Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Beginning at the intersection of the Centerline of Prairie Avenue with the Centerline of Sample Street; thence East along said Centerline of Sample Street and the North line of said Northwest and Northeast Quarter Sections a distance of 1,946.0 feet more or less to a point of intersection of the Centerline of Sample Street with the Centerline of the first North -South 14 -foot wide Public Alley East of Franklin Street extended North; thence South along said Public Alley Centerline a distance of 287.0 feet more or less to a point of intersection with the Centerline of the first East -West 14 -foot wide Alley South of Sample Street; thence East along said Centerline a distance of 213.25 feet more or less to the Centerline of Lafayette Boulevard; thence South along said Centerline a distance of 312.25 feet more or less to the Centerline of Garst Street; thence West along said Centerline a distance of 410.25 feet more or less to the Centerline of Franklin Street; thence South along said Centerline a distance of 687.32 feet more or less to the South line of Stull Street and the North line of Lot # 2 of the Plat of "Transpo Minor Subdivision" recorded by Document No. 0918833 in the records of the St. Joseph County, Indiana Recorder's Office; thence along the North line of said Lot # 2, S. 89 °- 21' -27" W. a distance of 400.84 feet more or less to the Northwest corner of said Lot # 2; thence S. 00 °- 19' -00" E. along the West line of said Lot # 2 and its Southerly extension a distance of 1,020.34 feet more or less to the South line of a 30 -foot wide Right -of -way for the Penn Central Railroad formerly known as the Terre Haute & Logansport Railroad and as shown on said "Transpo Minor Subdivision" Plat; thence Northwesterly and Westerly along said South line a distance of 1,072.22 feet more or less to the Centerline of Kendall Street; thence North along said Centerline a distance of 660.0 feet more or less to the point of intersection with the Centerline of Cotter Street; thence West along the Centerline of Cotter Street a distance of 893.0 feet more or less to the Centerline of Prairie Avenue; thence along the Centerline of Prairie Avenue for the next Two (2) Courses, N. 28 °- 18' -01" E. a distance of 1,230.0 feet more or less and N. 00 °- 03' -53" W. a distance of 463.0 feet more or less to the point of beginning. Containing 87.15 Acres more or less. Subject to all legal highways, easements and restrictions of record. Exhibit B Ignition Park PUD Zoning Ordinance Preliminary Plan Date: October 4, 2010 Petitioner: City of South Bend Redevelopment Commission Introduction Petitioner, City of South Bend Redevelopment Commission, requests the rezoning of approximately 84 acres from the GI - General Industrial District to the PUD — Planned Unit Development District to provide for a high tech industrial park to be known as Ignition Park. Ignition Park is intended to be a launching pad for technological innovation. Ignition Park, in combination with Innovation Park, creates a two -site, single, State Certified Technology Park within the City of South Bend. It is anticipated that development within Ignition Park may include, but not be limited to: research and development facilities; education; office; prototyping facilities; and, support uses. The land uses to be contained within Ignition Park shall be those set forth below for each category identified on the Master Plan filed with this PUD petition. It is acknowledged that the Master Plan fled with this PUD petition for Ignition Park recommends general land uses for real estate which is not subject to rezoning at this time and that the final development of Ignition Park in substantial compliance with the Master Plan will be subject to Petitioner's ability to obtain zoning and development rights to such additional real estate in the future. The Master Plan does, however, provide a framework from which to review the land use pattern proposed for Ignition Park in much the same way as a Comprehensive Plan identifies land use patterns for a community as a whole. The Master Plan vision for Ignition Park is to provide for a campus -like setting within a single multi -use PUD District. The primary objective of this PUD District is to encourage development which achieves a high degree of: (i) excellence in overall site design; (ii) integration of individual parcel site design within the overall development; and, (iii) innovation, creativity and quality in building design. The PUD District provides flexibility and procedural economy by permitting a broad range of high -tech industrial land uses and related support uses in a single district, while maintaining adequate land use controls to protect adjoining properties. In order to encourage innovative building and site designs capable of enhancing the quality of the Ignition Park built environment, an applicant may propose alternate development standards for: yards and building setbacks; use of minimum yards and residential bufferyards; maximum building height; minimum building height; maximum gross floor area; parking; loading; outdoor operations; architecture; landscaping; lighting; or, signs, subject to approval by an Ignition Park Architectural Review Board and the Area Plan Commission, Architectural Review Board and Executive Director approval is required to establish any land use or development within the Ignition Park PUD. WD1301 6339098vt Draft Date: October 4, 2010 Ignition Park Planned Unit Development The regulations applicable to the Ignition Park Planned Unit Development ("PUD") which follow are divided into four (4) primary Areas — one Area is for Ignition Park (the initial 84 acre certified tech park plus potential expansion areas), one Area is for the Transpo Facility, and two (2) areas located along Main Street and Indiana Avenue that may be the sites for future expansion of additional Ignition Park businesses or support facilities and uses. To determine the permitted primary uses or applicable development standards for a particular Area within this PUD, refer to Diagram #1: PUD Land Use Areas. 1. Area 1 — Ignition Park Due to the anticipated use of high -tech equipment and advanced research technologies, Ignition Park is envisioned to be developed in a campus style. The central portion of the initial 84 acres of Ignition Park is intended to feature pedestrian connections and well integrated open space reminiscent of a high -tech university quad setting. The outer portion of the initial 84 acres of Ignition Park may feature a perimeter ring of service areas, parking and vehicular access points. To encourage a campus setting, the development standards for Ignition Park address the perimeter of Ignition Park (i.e., in terms of perimeter setbacks, landscaping and identification signs) while the internal portions of Ignition Park are allowed flexibility in the location of buildings, open spaces, building/directory and directional signs, etc., to create the campus style environment with the potential of more than one building per lot. (a) Permitted Uses (i) . Primary Uses (1) Educational Uses:- Including but not limited to: School— College / University, Primary, Secondary, High School, Continuing Education, Commercial, Trade, Industrial or Business. (2) Industrial Uses: Including but not limited to: Engineering or research laboratories; Prototype facilities, which may include the following uses on a developmental basis —Assembly or blending of previously manufactured parts, sub - assemblies or components; Cleaning, testing or repairing of goods, materials or products; Data processing or analysis; Manufacture, processing, refining or fabrication of goods, materials or products. (3) Office / Professional Services: Including but not limited to: Offices related to any Industrial Uses allowed within Ignition Park; Corporate Headquarters (office only). BDDB01 63390980 Draft Date: October 4, 2010 LEGEND Park Swundary PUD Boundary Poter&al Additions to Area 1 City of South Bend, Indiana LAKOTA Diacri-am 1: PT TD Land Use Areas Area i Area 3 lqvdition Park Lafayette 6;-,-d,AAair. St. Area Area 2 F. Area 4 Transpo Area s ir.1,4TJna AEA. Area (ii) Accessory Uses for Individual Uses or Buildings (1) Accessory uses and structures, subordinate, appropriate and incidental to the above permitted primary use(s), including supportive services directly related to and in the same building with the primary use(s). (2) Accessory retail and service commercial uses, subject to the following regulations: a. Have accessory retail or service commercial uses provided for the primary purpose of serving the occupants and/or employees of the primary use structure as well as visitors to and the general population of Ignition Park; and b. Examples of permitted accessory retail or service commercial uses include, but are not limited to: retail services, food services and personal services. (iii) Accessory Uses for Ignition Park (1) Miscellaneous: Including but not limited to: Conference Center. (2) Personal Service: Including but not limited to: Health Spa or Fitness Center. (3) Utilities: Including but not limited to: Electricity Relay Station; Public Utility Substation; Pumping Stations; Water Towers; Transportation SeEvices. (4) Accessory Uses: Including but not limited to: accessory retail services; food services; and, personal services. (b) Development Standards () Ignition Park Perimeter The development standards contained in this sub - Section shall apply to the perimeter of Ignition Park adjacent to all public streets and property boundaries. Development of individual parcels within Ignition Park shall not encroach into the overall perimeter yards, setbacks or landscape areas unless specifically authorized below. (1) Access Access to Ignition Park shall be limited to shared street road cuts. Individual uses or buildings shall not utilize a private, individual street road cut unless otherwise approved by the City Engineer. Access to individual parcels may be provided by the development of BDDB01 6339098x1 Draft Date: October 4, 2010 LEGEND Area I Area 3 It— �j ;9,A�6cjr PR5k Lafayetu Blvd.00,dr. St. Area 2Y Sezbau Area 2 Area 4 T Dspo Af, r- m -a kd'iana Avi�. Area . .. .. .. .... Cjtv fF'S<ivnh Be-gl-d,, Yndian, . c k lmition Par PUD I J, V! KOTA Magr�im I Area 1 Setbacks internal public streets, internal private streets or by limited private access easements serving multiple uses within Ignition Park. Full -width street road cuts shall not exceed thirty -six (36) feet in width. Median divided street road cuts shall be of a width as approved by the City Engineer. All street road cuts shall be a minimum of two - hundred and fifty (250) feet apart. All street road cuts shall be a minimum of three hundred (300) feet from the intersection of two (2) streets. The location and number of access points shall be subject to the approval of the City Engineer. (2) ignition Park Minimum Yard and Minimum Building Setback Requirements, refer to Diagram 2: Area I Setbacks. a. Front Yard and Building Setback — The minimum front yard and minimum building setback, measured from the front lot line abutting a perimeter street shall be as follows: Sample / Prairie / Cotter / Kendall / Lafayette — 20'. PER Ewt smtrr Ia. 1 MIN, 20 =A' � 2U• �. MIN. -w'� MIN. � � e LU F. a cc us Cr L__......._ .SIDE 4R REAR LOT LINE MIN, MINIMUM YARD AND BUILDING SETBACK REQUIREMENTS: SARI PI.. EiPRAIRIE /CDITEP4KENDALL/LAFAYEriE ii. Franklin / Garst / Stull / Broadway — 5. BDDBOI 6339099vi Draft Date: October 4, 2010 MINIMUM YARD AND BWLDING SETBACK REQIlIREMENI.5: FRAM K LI N J GA R S TISTU W B R OADWAY b. Side or near Yard and Building Setback — The minimum side or rear yard and building setback measured from a side or rear lot Iine — shall be 20'; provided, however, that the required minimum side or rear yard and building setback abutting an operating railroad right -of -way shall be 5'. (3) Use of ignition Park Minimum Yards All Ignition Park Minimum Yards shall be maintained as a landscaped yard area free from buildings or structures unless specifically authorized below: a. Minimum 20' Front Yards — may include: Ignition Park Campus Signs; entrance drives; walkways to building entrances; front stairs, stoops or patios which do not project into any public right-of-way; drainage features and utilities. b. Minimum 5' Front Yards — may include; entrance drives; walkways to building entrances; front stairs, stoops or patios which do not project into any public right -of -way; or, utilities. c< Side and hear Yards — may include drives connecting to adjoining parcels, drainage features and utilities. s BDDBOI 6339698v1 Draft Date: October 4, 2010 PE113NIFTER STREET RIGHT -mF-1H 1C. r ...._, F-0, p VIN' W.I. �. I 3 h 1u ,� LU 6!O 4n ac SIf3E OR BEAR LOT LkAIE 2 I MIN, F' MINIMUM YARD AND BWLDING SETBACK REQIlIREMENI.5: FRAM K LI N J GA R S TISTU W B R OADWAY b. Side or near Yard and Building Setback — The minimum side or rear yard and building setback measured from a side or rear lot Iine — shall be 20'; provided, however, that the required minimum side or rear yard and building setback abutting an operating railroad right -of -way shall be 5'. (3) Use of ignition Park Minimum Yards All Ignition Park Minimum Yards shall be maintained as a landscaped yard area free from buildings or structures unless specifically authorized below: a. Minimum 20' Front Yards — may include: Ignition Park Campus Signs; entrance drives; walkways to building entrances; front stairs, stoops or patios which do not project into any public right-of-way; drainage features and utilities. b. Minimum 5' Front Yards — may include; entrance drives; walkways to building entrances; front stairs, stoops or patios which do not project into any public right -of -way; or, utilities. c< Side and hear Yards — may include drives connecting to adjoining parcels, drainage features and utilities. s BDDBOI 6339698v1 Draft Date: October 4, 2010 (4) Ignition Park Perimeter Landscaping Requirements All Ignition Park Perimeter Yards shall, at a minimum, be landscaped in compliance with the perimeter yard landscape requirements of Section 21 -07.01 (b) (1) for the Landscaping of Required Perimeter Yards for Industrial Districts. Manmade or natural water features may be incorporated into any front, side or rear yard landscape requirement. (5) Ignition Park Campus Signs NOTE: As Ignition Park is developed, a comprehensive sign package may be developed and be presented to the Area Plan Commission for approval. Approval of such a comprehensive sign package by the Area Plan Commission would supersede the following sign regulations. Ignition Park Campus Signs shall provide identification to the entire Ignition Park and not to identify any individual use or occupant within Ignition Park. a. Type of Signs -- Ignition Park Campus Signs may be either: i. Entry Wall Signs — One (1) entry wall sign may be incorporated into an entry wall treatment located on each side of any shared street road cut into Ignition Park; or, ii. Ground Signs — One (1) ground sign may be located at each shared street road cut into Ignition Park. b. Height and Area: i. Entry wall treatments which include an Ignition Park Campus Sign shall not exceed ten (10) feet in height. The total wall area shall not be limited, however the portion of the wall devoted to ignition Park Campus Sign surface area shall not exceed sixty-four (64) square feet in area. ii. Ignition Park Campus Ground Signs shall not exceed eight (8) feet in height or one - hundred and twenty - eight (128) square feet in area. C. Setback — All portions of an Ignition Park Campus Sign, whether on an entry wall or a freestanding ground sign, shall be setback a minimum often (10) feet from the right-of-way of Sample / Prairie / Cotter / Kendall / Lafayette or a BDDB01 6339098vi Draft Date: October 4, 2010 minimum of five (5) feet from the right -of -way of Franklin / Garst / Stull / Broadway. d. Separation — No freestanding sign for any individual use or lot within Ignition Park shall be located within fifty (50) feet of a project ground sign. (ii) Ignition Park Interior Development Standards The Development Standards contained in this sub - Section are designed and intended to apply specifically to the development of individual parcels within Ignition Park. If any portion of an individual parcel abuts the perimeter of Ignition Park, that portion of the individual parcel shall also comply with the Development Standards for the Ignition Park Perimeter. (1) Minimum Yards and Minimum Building Setbacks In order to provide maximum creativity and flexibility in the internal layout of Ignition Park, there shall be no internal minimum front, side or rear yards or front, side or rear building setbacks from lot lines, except for those required around the perimeter of Ignition Park. (2) Minimum Separation Between Buildings Minimum building separation shall be in compliance with all applicable local, state or federal building, fire and safety codes. (3) Use of Yards Between Buildings All yards between buildings shall be maintained as a landscaped yard area free from buildings or structures unless specifically authorized below: a. Yards Oriented toward the Central Green — may include directory / wayfinding signs, sidewalks, walkways, pedestrian ways, drainage features, utilities or outdoor seating areas, provided any signs or outdoor seating areas: shall not block an entrance or exit to or from the business or building; and, ii. shall be located so as to not interfere or conflict with sidewalks, walkways, pedestrian ways or foundation landscaping. b. Side and Rear Yards of Buildings — may include interior access drives and driveways, loading areas, parking areas, directory 1 wayfinding signs, sidewalks, walkways, HDD130I 6339098v Draft Date: October 4, 2010 pedestrian ways, drainage features, utilities and outdoor seating areas, provided any signs or outdoor seating areas: i. shall not block an entrance or exit to or from the business or building; and, ii. shall be located so as to not interfere or conflict with interior access drives or driveways, loading areas, parking areas, sidewalks, walkways, pedestrian ways or foundation landscaping. Rt- 4 o �a D � qoP F'� QO ti 1098 q`� 3iDC -0 h` a'p q:q:O:0p0� �0.�?bObDSD,'r:�!^'8;0 tLp�k r� o,. (4) Building Height FOUNDATION LANDSCAPING ' SIDEWALK, WAIXWAY AR PEDE5TRIAN WAY LANDSCAPED SIDE YARD AREA 0IREMkY1WAYFJNDJNG SIGN .... OUTDOOR SEATING AREA a. Maximum Building Height — The maximum building height shall be 90 feet. b. Minimum Building Height — The minimum building height shall be twenty -six (26) feet. (5) Landscaping If the Overall Perimeter Landscaping Requirements set forth above which abut a development parcel are not installed prior to the time of development, each development parcel shall be responsible for the installation of that development parcel's portion of the required Overall Perimeter Landscape Requirement that abuts the overall perimeter of Ignition Park. 8 13DDB01 6339098v] Draft Date: October 4, 2010 (6) Foundation Landscaping for Individual Buildings. Creativity, compatibility, sustainability and maintenance shall be guiding principles in the development of a foundation landscape plan. Species and design character shall be harmonious with the landscape pattern established by the Ignition Park Perimeter Landscaping. Foundation landscaping shall, at a minimum, be landscaped in compliance with the foundation landscaping requirements of Section 21 -07.01 (c) (1) of the South Bend Zoning Ordinance for Foundation Plantings for Industrial Districts. (7) Lighting — All outdoor light fixtures shall comply with the regulations of Section 21- 07.02_: Lighting Regulations of the South Bend Zoning Ordinance except as specifically provided below: a. Freestanding, non-cutoff fixtures shall be limited to locations along sidewalks, walkways, or pedestrian ways, or outdoor seating areas; b. Low intensity / low output architectural lighting, including ground mounted up- lighting and wall fixtures, may be non - cutoff, and, All other freestanding or wall fixtures shall be full cutoff' fixtures. (8) Signs NOTE: As Ignition Park is developed, a comprehensive sign package may be developed and be presented to the Area Plan Commission for approval. Approval of such a comprehensive sign package by the Area Plan Commission would supersede the following sign regulations. In addition to the Ignition Park Campus Signs, the following signs shall be permitted: a. Building Signs — each building shall be permitted the following: i. Freestanding Tenant Directory Signs — One (1) pylon sign oriented to the Central Green, not to exceed six (6) feet in height or eighteen (18) square feet in area, to identify the use or uses within the building. ii. Building Identification Signs — Building identification signs shall be limited to wall signs as regulated in BDDB01 6339098v1 Draft Date: October 4, 2010 Section 21-07.010d for the OB — Office Buffer District and O - Office District. In addition, awning signs or canopy signs may be permitted subject to the provision of Section 21- 07.03(d)(4)(D). b. Incidental l Directional / Wayfinding Signs — freestanding incidental / directional / wayfind ng signs shall be permitted at each critical turning point along an interior access drive when required to safely direct vehicular traffic (e.g., to direct vehicular traffic to a: particular use within Ignition Park; a customer or employee parking area; or, a delivery or loading area). Such incidental / directional / wayfinding signs shall: i. not exceed two (2) square feet devoted to any particular per use or location; H. may contain up to five (5) uses or locations for combined maximum sign area of up to ten (10) square feet per sign for signs identifying more than one use or location; iii. not be located less than two (2) feet back from the back of curb / edge of pavement from any interior access drives; iv. not be located further than ten (10) feet from the back of curb / edge of pavement of an interior access drive; and, V. comply with the regulations of Section 21 -01.OI — Clear Sight Area Requirements of the South Bend Zoning Ordinance.�� (9) Off - Street Parking a. Design and Construction of Off - Street Parking Areas All off-street parking areas shall be designed and constructed in compliance with the provisions of Section 21 -07.04 d Design and Construction of Off-Street Parking Areas of the South Bend Zoning Ordinance. b. Location of Off- Street Parking Areas All off-street parking shall be provided in common, integrated surface parking areas or structured parking designed to serve all uses within Ignition Park. C. Minimum Number of Required Off - Street Parking Spaces to BDDB01 6339098vl Draft Date: October 4, 2010 Off - street parking within Ignition Park shalt be provided at a rate of not less than one (1) off-street parking space for each 1,000 square feet of gross leasable area of all buildings then in existence in Ignition Park. (10) Off-- Street Loading a. Design and Construction of Loading Areas PERIMETER OR INTERIOR STREET FnoHr ram b• LOADINO AREA NOT ALLOWED LOADING AREA: NOT ALLOWED i. Loading Areas for Semi- Trailer Size Vehicles All off - street loading areas intended for Semi - Trailer size vehicles shall be designed and constructed in compliance with the provisions of Section 21 -07.05 (b) — Design and Construction of Loading Areas of the South Bend Zoning Ordinance. ii. Loading Areas for Parcel Delivery Size Vehicles All off - street loading areas intended for parcel delivery size vehicles shall be designed and constructed in compliance with the minimum specifications prescribed by the Board of Public Works. Orientation of Loading Areas All loading areas, whether designed for semi- trailer sized vehicles or parcel delivery size vehicles, shall be oriented to the side or rear facade of the building served, noting that the front facade of the building will be considered to be any facade oriented inward toward the central portion of Ignition Park or outward toward any perimeter street. �1 BDDBQI 6339098v Draft Date: October 4, 2010 LOADING AREA: ALLOWED `" i. 1 1 I' C. Screening of Loading Areas All loading areas, whether designed for semi- trailer sized vehicles or parcel delivery size vehicles, shall he effectively screened from view from any perimeter public right -of -way through the use of buildings, screen walls, landscaping, landscape berms, or combination thereof. PERIMETER STREET SCREENING WITH SCREEN WAU, LANDSC&NNG,IANDSCAPEBERMS DR COMOINATIOH BUILDING FRONT FACADE --- 1 SCREENINGYRONf1E0 NEW LOAUINGli}tEA BUILDING ALLOWED PERIMETER STREET NEW BUILDING i BU 101,10 FRONT FACADE ® k � NO 5CREENlNG NEW ioAOrNa aii�a BUILDING NOT ALLOWED � awr rer� 12 BDDBOI 6339098x1 Draft Date; October 4, 2010 PERIMETER STREET 0`ZD0-.,0 tied &RLDtNfS � uoa wr ro mx rte- opt 11 IOA7AD f124. AALA 4 41kL�W54 Vm m rm ®m ®a✓I AFiM1 8U7L9:HG .Q; � ... .. CENTRAL GREEN! LOADING AREA, ALLOWED (1 1) Outside Operations and Storage PERiMCt'ER srRCE-Y gp pws. .me mar mo om �. q� g �L'•AR YAWY NOT 'ALLI;WM, k CENtKAL GREEN L0,4MNO AREA: NOT ALLOWED All uses and operations (except for off - street parking and off- street loading and delivery, and walls -up customer service windows) shall be conducted within completely enclosed buildings, except where expressly permitted below: a. Outdoor seating, provided that such outdoor seating: i. Shall not be Iocated in any public street right -of way; and, ii. Shall not block an entrance or exit to or from the business or building, 2. Area 2 — ignition Park: Transpo Area (a) Permitted Uses (i) Primary Uses (1) Miscellaneous: Including but not limited to: Bus Station; Bus Depot; Bus Maintenance Facility. 13 BDDBDI 6339098v Draft Date: October 4, 2010 gp pws. .me mar mo om �. q� g �L'•AR YAWY NOT 'ALLI;WM, k CENtKAL GREEN L0,4MNO AREA: NOT ALLOWED All uses and operations (except for off - street parking and off- street loading and delivery, and walls -up customer service windows) shall be conducted within completely enclosed buildings, except where expressly permitted below: a. Outdoor seating, provided that such outdoor seating: i. Shall not be Iocated in any public street right -of way; and, ii. Shall not block an entrance or exit to or from the business or building, 2. Area 2 — ignition Park: Transpo Area (a) Permitted Uses (i) Primary Uses (1) Miscellaneous: Including but not limited to: Bus Station; Bus Depot; Bus Maintenance Facility. 13 BDDBDI 6339098v Draft Date: October 4, 2010 (2) Government Use: Including but not limited to: Governmental Offices; Fire Station; Municipal / State Road Maintenance Facility; Police Station; Post Office - with or without outdoor parking of delivery vehicles. (3) Public Facilities: Including but not limited to: Community Center; Commercial Parking Lot; Parking Garage. (b) Development Standards — Same as the LI -Light Industrial District of the South Bend Zoning Ordinance. Area 3 — Ignition Park: Lafayette Boulevard / Main Street Area (a) Permitted Uses (i) Primary Uses (1) Educational Uses: Including but not limited to: School — CoIlege / University, Primary, Secondary, High School, Continuing Education, Commercial, Trade, Industrial or Business. (2) Food Sales and Service: Including but not limited to: Bakery - Retail; Cafeteria; Convenience Store; Delicatessen; Restaurant - Fast Food (without drive -in or drive- through); Restaurant - Family; Restaurant - Family, with Lounge; Yogurt Store - Retail. (3) Industrial Use: Including but not limited to, Engineering Laboratories; Research Laboratories; Testing Laboratories (4) Office / Professional Services: Including but not limited to, Architect; Bank Machines - Walk-up; Consultant; Corporate Headquarters (office only); Dentist; Design Services; Engineer; Financial Institution; Manufacturers Representative; Physician; Pharmacist; Professional Offices; Service Organization Office; Travel Agency. (5) Personal Service: Including but not limited to: Barber Shop; Beauty Shop; Health Spa or Fitness Center; Tanning Salon. (6) Residential: Including but not limited to: Dwellings, Multifamily (apartment, townhouse or row house type projects located along a block face); Dwelling Unit - upper level. (7) Retail: Including but not limited to: Apparel Shop; Card Shop; Computer Store; Drug Store; Flower Shop; Gift Shop; Hobby Shop; Jewelry Store; Newsdealer; Office Supply Store; Shoe Store; Stationery and Book Store. 14 HDDH01 6339098v Draft Date: October 4, 2010 (ii) Accessory Uses — As regulated by Section 21- 03.11: General Regulations for Commercial / Mixed Use Districts. (b) Development Standards — Same as the MU -Mixed -Use District of the South Bend Zoning Ordinance. 4. Area 4 — Ignition Park: Indiana Avenue Area (a) Permitted Uses (i) Primary Uses (1) Educational Uses: Including but not limited to: School — College / University, Primary, Secondary, High School, Continuing Education, Commercial, Trade, industrial or Business. (2) Food Sales and Service: Including but not limited to: Bakery - Retail; Cafeteria; Convenience Store; Delicatessen; Restaurant - Fast Food (without drive -in or drive- through); Restaurant - Family; Restaurant - Family, with Lounge; Yogurt Store - Retail. (3) Industrial Use: Including but not limited to, Engineering Laboratories; Research Laboratories; Testing Laboratories (4) Office / Professional Services: Including but not limited to, Architect; Bank Machines - Walk -up; Consultant; Corporate Headquarters (office only); Dentist; Design Services; Engineer; Financial Institution; Manufacturers Representative; Physician; Pharmacist; Professional Offices; Service Organization Office; Travel Agency. (5) Personal Service: Including but not limited to: Barber Shop; Beauty Shop; Health Spa or Fitness Center; Tanning Salon. (5) Residential: Including but not limited to: Dwellings, Multifamily (apartment, townhouse or row house type projects located along a block face); Dwelling Unit - upper level. (7) Retail: Including but not limited to: Apparel Shop; Card Shop; Computer Store; Drug Store; Flower Shop; Gift Shop; Hobby Shop; Jewelry Store; Newsdealer; Office Supply Store; Shoe Store; Stationery and Book Store. (ii) Accessory Uses — Section 21- 03.11: General Regulations for Commercial / Mixed Use Districts. (b) Development Standards — Same as the MU -Mixed -Use District of the South Bend Zoning Ordinance. 15 BDDBOI 6339098vl Draft Date: October 4, 2010 5. General Provisions (a) (b) Temporary Uses Due to the number of different land uses and the number of various construction contractors that may be working in the various portions of Ignition Park at the same time, it will be necessary to provide for information / sales / leasing or construction trailers as permitted Temporary Uses as generally provided for in Section 21- 03.11: General Regulations for Commercial / Mixed -Use Districts or Section 21- 04.11: General Regulations for Industrial Districts. The final location of all such information / sales / leasing or construction trailers shall be subject to the approval of the Executive Director. If a centralized information / sales / leasing or construction trailer area is established for Ignition Park, such trailers shall be permitted during the entire construction period of Ignition Park. If scattered site information / sales / leasing or construction trailer locations are utilized for various individual sites, such trailers shall be permitted only during the construction period for that individual site. Incorporation of South Bend Zoning Ordinance Certain Sections of the South Bend Zoning Ordinance, which are in effect as of the date of adoption of this Ignition Park PUD Ordinance, have been specifically noted in the text above as providing regulations for Ignition Dark. In addition, the following provisions of the South Bend Zoning Ordinance which are in effect as of the date of adoption of this Ignition Park PUD Ordinance and which may not have been specifically noted in the text above, shall also apply to development within Ignition Park: (i) Section 21 -01.01 (k): Subdivision of Land; Section 21 -01.01 (s): Exemptions for Transportation, Communication and Utility Lines; (iii) Section 21 -01.01 (t): Clear Sight Area Requirements; (iv) Section 21 -01.01 (u): Requirements for All Private Streets and Private Alleys; (v) Section 21 -01.01 (v): Exemption for Anti - Terrorism Devices and Portable Towers. (vi) Section 21- 02.11: General Regulations for Residential Districts shall be applicable to all residential or dwelling uses within Ignition Park; (vii) Section 21-03.11: General Regulations for Commercial / Mixed Use Districts shall be applicable to all commercial uses within Ignition Park; 16 BDDBOI 6339098vi Drag Date: October 4, 2010 . (viii) Sections 21 -07.01 (d), 21 -07.01 (e), 21 -07.01 (0, 21 -07.01 (g) and 21 -07.01 (h): Landscape Regulations; (ix) Section 21 -07.03 (c): On- Premise Signs: SF 1, SF2, MFI and MF2 Districts; (x) Section 21 -07.03 (e): On- Premise Signs: MU and CBD Districts; (xi) Section 21- 08.01: Special Regulations for Wireless Telecommunications Facilities applicable to surface - mounted or roof - mounted applications of telecommunication antenna on existing buildings or structures (the construction of new, freestanding telecommunication towers shall be prohibited within Ignition Park; (xii) Section 21- 08.02: Special Regulations for Controlled Uses; and, (xii i) Section 21 -11.2: Definitions. The terms or words used in the text of this Preliminary Plan shall have the meanings set forth in Section 21- 11.02: Definitions of the South Bend Zoning Ordinance, unless a contrary meaning is: (i) required by the context of a particular sentence or phrase; or, (ii) specifically prescribed in a particular sentence or phrase. (c) Architectural Review Board An Architectural Review Board ( "ARB ") shall be established for Ignition Park. The ARB shall review all land uses as well as all site plans, landscape plans, open space / outdoor seating plans, building plans and sign plans for consistency and compatibility with the intent for Ignition Park as well as the architectural themes and character established for Ignition Park. All plans filed with the Executive Director or Building Commissioner to establish any land use or for approval of any development within Ignition Park shall include the written approval of the ARB. (d) Determination of Permitted Uses (i) Establishment of Uses — To assure the long term compatibility of land uses within Ignition Park, especially the size, scope and nature of accessory uses, the establishment of any land use shall, in addition to approval of the ARB, be subject to the approval of the Executive Director. (ii) Similar and Com arable Uses - It is recognized that the permitted use provisions of this Preliminary Plan may require interpretation to assign all permitted land uses to the appropriate Areas. Therefore, any land use which is not specifically set forth in this Preliminary Plan shall be reviewed by the Executive Director for consistency with the intent set forth for each Area and for compatibility with land use characteristics typical of land uses permitted within those Areas. The Executive Director shall then determine if the proposed use is appropriate for the Area in question. 17 BDDB01 6339098v1 Draft Date: October 4, 2010 Uses Not S ecifed - If it is determined by the Executive Director that a particular use is not permitted in any Area provided for in this Preliminary Plan, then such use shall be deemed to require a new petition for zone map change. (iv) Uses From Other Areas - The Area Plan Commission may authorize additional uses within an individual Area other than those specifically designated for such Area, provided that the use requested is a use which is permitted in another Area of Ignition Park. (v) Appeal of Executive Director Determination of Permitted Uses - Any determination by the Executive Director may be appealed to the Area Plan Commission by any person claiming to be adversely affected by that order, requirement, decision or determination. The procedures for such an appeal shall be as set forth in Section 21 -05 (h) (1) of the South Bend Zoning Ordinance. (e) Alternate Development Standards In order to encourage innovative building and site designs capable of enhancing the quality of the Ignition Park built environment, an applicant may propose alternate development standards for: yards and building setbacks; use of minimum yards and residential bufferyards; maximum building height; minimum building height; maximum gross floor area; parking; loading; outdoor operations; architecture; landscaping; lighting; or, signs, subject to approval by the Architectural Review Board and the Area Plan Commission. Application for such alternate development standards shall be in the form of Secondary Approval referred to the Area Plan Commission for determination. (f) Final Site Plan Submittal Process (Secondary Approval) Final Site Plan submissions or Secondary Approvals shall be filed in compliance with the provision of Section 21 -05 (c) (5) of the South Bend Zoning Ordinance. 1s $DD$01 6339098vl Draft Date: October 4, 2010