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HomeMy WebLinkAbout12-13-10 Council Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, DECEMBER 13, 2010 1. INVOCATION 2. PLEDGE TO THE FLAG 3.- ROLL CALL 4. REPORT FROM THE SUB - -COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: 65 -10 PUBLIC HEARING 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 76 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CREATING AN UNEMPLOYMENT COMPENSATION INSURANCE FUND ( #713) 77 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CREATING A COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATION FUND ( #211) 78 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING THE 2020 SEWAGE WORKS REVENUE BOND CONSTRUCTION FUND ( #658) 10. BILLS, FIRST READING BILL NO. 84 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CENTRE TOWNSHIP, CONTIGUOUS THEREWITH, COUNCILMANIC DISTRICT NUMBER 5, THOMAS W. & JANE M. HENRY, 61175 MIAMI RD. SOUTH BEND, INDIANA 46614 85-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $276, 780 WITHIN FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM 86--10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14.5, ARTICLES 1 AND 2; ADDING ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AFFIRMATIVE ACTION PROCEDURES 87 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE 2010 SALARY ORDINANCE TO AUTHORIZE NEW POSITION TITLES AND SETTING THE MAXIMUM SALARIES TO BE PAID TO CERTAIN NON BARGAINING EMPLOYEES 88 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO 10044 -10, WHICH FIXED MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2011, TO APPROVE TEAMSTER EMPLOYEE WAGES FOR 2012 AND 2013 89 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 18, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED STREETS AND SIDEWALKS REQUIRING THE REMOVAL OF SNOW AND ICE AND AMENDING SECTION 2 -213 ENTITLED SCHEDULE OF ORDINANCE AND CODE VIOLATIONS 11. UNFINISHED BUSINESS 1. REQUEST TO PUT BILLS 10 -59, 46-10 AND 10 -57, ANNEXATION /REZONING AND SPECIAL EXCEPTION FOR THE SE CORNER OF MAPLE LANE AVE & STATE ROAD 23 ON THE COUNCIL AGENDA FOR 1/10/11 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: Area Plan Commission of St, Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com/areaplan Fax 574 235 -9813 November 9, 2010 slil- Honorable Common Council . Of The City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Bill # 65 -10 A bill of the Common Council of the City of South Bend amending Chapter 21 of the zoning ordinance. Dear Council Members: The following changes have been made to the Ordinance for the above - referenced petition: PUD Ordinance: There have several changes to the PUD portion of the ordinance. They have been highlighted in the attached exhibit. If you have any finiher questions, please call me at 574 -235 -9571. S' cerely, Christa Nayder j Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana 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 CITY 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 Iess 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. 0921540 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 Iine of said Lot # 2 and its Southerly extension a distance of 1,020.34 feet more or less to the North line of 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 North 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 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 II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council 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. Deputy City Clerk Approved and signed by me on the day of , 20_, at o'clock I st READING PUBLIC FEARING 3 rd UADENG NOT APPROVED RE, EPRED I-, k PASSED, Mayor, City of South Bend, Indiana OCT - � 2�i0 JC3Is� Ut3QR7E CITY CLERr, So. pE`i1),1% Date Filed Application N Date received by the Area flan Commission I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 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 PUD - )'Tanned Unit Development to he known as Igniti on 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 (1 7) 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 S%" x I I" format. St. Joseph County Area Plan Commission on behalf of the City of South Bend, South Bend Redevelopment Commission By .rte Printed: Title: - Z!I—Ic .l7'l& D 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 46617 (574) 261 -3184 geri @hathaway2.com Office o T EE 2014 11QORDE 0. eE G3TY.Lk �11, 1N. 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 Iess 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. u'.� . Ignition Park PUD Zoning Ordinance Preliminary Plan �v�s�d�. Not�eirnber 3; �b10 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 fled with this PUD petition. It is acknowledged that the Master Plan filed 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. BDDSO] 64080641 Draft Date: November 3, 2010 Ignition Park Plagued Unit Develo ment 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 fl: Land Use Areas. I . 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 — CoIlege / 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 — AssembIy 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 / ProfessionaI Services: Including but not limited to: Offices related to any Industrial Uses allowed within Ignition Park; Corporate Headquarters (office only). $DDBOt 6408064vt Draft Date: November 3, 2010 LEGEND — ® —® F P,: " e � CjTN' ol, �vufll ud. jfld+rla Ignition Park PUD 14 <)A E)i , 1: I'L.- D LAL)d 1. ATV&S. 3 BDD.BOI 6408064v] Draft Date: November 3, 2010 (ri) Supi Uses for Individual Uses or Buildings (1) So ti '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) d retail and service commercial uses, subject to the following regulations: a.k,�tretail or service commercial uses are provided for the pr..._ ........ imary 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 support retail or service commercial uses include, but are not limited to: retail services, food services and personal services. (iii) St�ppt 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 Services. (4) Support "Uses: Including but not limited to: retail services; food services; and, personal services. (3v) BDDBOI 6408064v1 Draft Date: November 3, 20 10 (b) Development Standards (i) 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 internal public streets, internal private streets or by limited private access easements serving multiple uses within Ignition Park. (2) Ignition Park Minimum Yard and Minimum Building Setback Requirements 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'. ii. Franklin / Garst / Stull / Broadway — 5'. b. Side or Rear Yard and Building Setback — The minimum side or rear yard and building setback measured from a side or rear lot line — 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'. BDDBOI 6406064vt Dram Date: November 3, 2010 "ZI vrt Oz.\ 1"t Bvnt.l� Tilly m.] Ignition Park PUD LAKCYFA 6 BDDBOI 6408064vl Draft Date: November 3, 2010 V Area 1 7`7 Area 3 Area 2 Area 4 �z Oz.\ 1"t Bvnt.l� Tilly m.] Ignition Park PUD LAKCYFA 6 BDDBOI 6408064vl Draft Date: November 3, 2010 MIN114UM YARD AN BUILDING SETBACK REQUIREMENTS. SAMPLE]P R1EYCDTrES/KENDALijLAFAYETTE 7 BDDBOI 6408064v1 Draft Date. November 3, 2010 i 4- SIPE OR REAR > '. Lot LIVE MINIMUM YARD AND BUILDING S TOACK REQUIR(rIVIENTS: FRANKLIN /CrARST /STIJU i 0AITWAY 7 BDDBOI 6408064v1 Draft Date. November 3, 2010 (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: 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 Rear Yards — may include drives connecting to adjoining parcels, drainage features and utilities. (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: Signs on Ornamental, Decorative Fence or`Masonry Wail 4 One (1) sign may be incorporated into an ornamental, decorative fence or masonry wall located on each side of any shared street road cut into Ignition Park; or, BDDBOI 64080640 Draft Date: November 3, 2010 ii. Mb,ctnrlrtt'Signs —One (1) rrinntett sign maybe located at each shared street road cut into Ignition Park. b. Height and Area: i. An Ignition Park Campus Sign located ortnametiml decoratr�ve fence of masonry wal! 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 Monument 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'aritamertal, tlectrr for masonry wall or a freestanding monument sign, shall be setback a minimum of ten (10) feet from the right -of -way of Sample ! Prairie / Cotter / Kendall / Lafayette or a 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 an Ignition Park Campus 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. BDDB01 6408064vt Draft Date: November 3, 2010 (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: a. Yards Oriented toward the Central Green (if provided) — 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. FO DIN'G A EA rL�F'F "; Al- C. R1'EN C(ITTER S PEET SX -VI'LE STREET ;WLDING AREA BOOK AREA `CENTS GREt'N. C.0N, CEJPT PLAT 6- WC C 10 BDDBO1 6408064vi Draft Date: November 3, 2010 b. Side and Rear Yards of Buildings — may include interior access drives and driveways, loading areas, parking areas, directory / wayfinding signs, sidewalks, walkways, 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. REPA YARD LOADING AREA PARKING ACCESS DRIVES ALLOWABLE USE OF YARDS (4) Building Height C CU:AR i OUNJ A, iiGN 1ANOSCAP NG SI]MALK, WALK;Nk" OR REMTR AV WAY LAND �'CAPSD 5 %? YARD RRcf: LU w U- 'f Jr u,xtr_sr�€��riw�Y��,•,ur�ta �I�n OUTUUO.'d 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 l' 'itinn'Park'P r Landscaping Requirements,set forth in Section I(b)(j)(4)4. 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 Ignition Park Perimeter Landscape Requirement that abuts the overal I perimeter of Ignition Park. ll BDDBOI 6408064v1 Draft Date: November 3, 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, C. 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 (if provided), not to exceed six (6) feet in height or eighteen (18) square feet in area, to identify the use or uses within the building. 12 BDDB01 64080640 Draft Date: November 3, 2010 ii. Building Identification Signs — Building identification signs shall be limited to wall signs as regulated in Section 21- 07.03(d) for the OB — Office Buffer District and 0 - 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 / Directional / Wayfinding Signs — freestanding incidental / directional / wayfinding 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: not exceed two (2) square feet devoted to any particular per use or location; ii. 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 -01.01 — Clear Sight Area Re uirements 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) — Deszan and Construction of Off-Street Parking Areas of the South Bend Zoning Ordinance. 13 soDSOI 6408064vt Draft Date: November 3, 2010 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 Off - street parking within Ignition Park shall 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 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. b. Orientation of Loading Areas pEfljmETER OR fNTERIOR STREET All loading areas, whether designed for semi- trailer sized vehicles or parcel delivery size vehicles, shall be oriented to 14 lft VAM the side or rear facade of the building served, noting that the F(V.iQFNq ANFA MAWKO PA 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. LOADING AREA: NOT ALLOWED 14 BDD801 640$0641 Draft Date: November 3, 2010 LOADING AREA: ALLOWED LOADING AREA: NOT ALLOWED? C. Screening of Loading Areas All loading areas, whether designed for semi - trailer sized vehicles or parcel delivery size vehicles, shall be 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 0000010.0 000 � "RE[NE�.:h'zH si"�FF�1:tAli. #/ WUSC.4fltiG, ia5'%D5C' K. "aw; PK'ILMNG Q..0197 f,1L`MEI, WN OF COM A''1U:d SCREENING ?MMOEU e ALLOWED N_w 8131[ NNG, NI-W BUIL.WN'u �s ■we w� airy! NO CCRS »kIIiG WMA6 M�A I tXT ALLOWED NEW BuILOING 15 BDDB01 64060641 Draft Date: November 3, 2010 PERIMETER STREET rrm r r re r rr r� FiFAK VAHIP 4 DAUM AREA pytly7tkii -- —i —.wl 0:�O..'o CENTRAL GREEN LOADING AREA: ALLOWED PERIMETER STREET -0, 00.1.0 We avi4Ri'm REAR YAM C-2 0 �3qi Ali.FM'!(1 CENTRAL GREEN LOADING AREA: NOT ALLOWED (11) Outside Operations and Storage All uses and operations (except for oft - street parking and off - street loading and delivery, and walk -up customer service windows) shall be conducted within completely enclosed buildings, except where expressly permitted below: a. Outdoor seating, provided that such outdoor seating; L Shall not be located in any public street right -of -way; and, ii. Shall not block an entrance or exit to or from the business or building; 16 BDDB01 6408064vi Draft Date: November 3, 2010 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. (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. (ii) Accessory Uses — As regulated by Section 21- 04.11: General Regulations for Industrial Districts. (b) Development Standards — Same as the LI -Light Industrial District of the South Bend Zoning Ordinance. 3. 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. 17 BDDB01 6408064vi Draft Date: November 3, 2010 (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. (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. I8 BDDBOI 64060641 draft Date: November 3, 2010 (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. (ii) Accessory Uses — Section 21- 03.11: General Regulations for Commercial I Mixed Use Districts. (b) Development Standards — Same as the MU -Mixed -Use District of the South Bend Zoning Ordinance. 5. General Provisions (a) 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 centralized information I sales I 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 I sales I 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. (b) 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 Park. 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; (ii) Section 21 -01 AI (s): Exemptions for Transportation, Communication and Utility Lines; 19 BDDB01 6408064v1 Draft Date: November 3, 2010 (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 -0 1.01 (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; (viii) Sections 21 -07.01 (d) - 21 -07.01 (e) ,Off:Stre± 1 and 21 -07.01 (h) (ix) S ail ""h" (x) Section 21 -07.03 (c): On- Premise Signs: SF 1, SF2, MF1 and MF2 Districts; (xi) Section 21 -07.03 (e): On- Premise Signs: MU and CBD Districts; (xii) 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); (xiii) Section 21- 08.02: Special Regulations for Controlled Uses; and, (xiv) 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. 20 BDD8O1 6408064vl Draft Date: November 3, 2010 (c) Architectural Review Board An Architectural Review Board ( "ARB ") shall be established for Ignition Park. The ARB shall review all Iand 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 Comparable 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. (iii) Uses Not Specified - 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. 21 BDDBOI daOSosavt Draft Date: November 3, 2010 (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 a 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. 22 BDDB91 6408064v1 Draft Date: November 3, 2010 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, IN 46601 V �] PEA F+y �F 1965 CITY OF SOUTH BEND STEPHEN J. LuEC€CE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER November 17, 2010 Mr. Derek Dieter President, South Bend Common Council 4" Floor, County -City Building South Send, IN 46601 PHONE 574- 235 -9216 FAX 574 - 235 -9926 Re: Ordinance of the Common Council Creating a new Fund to Account for unemployment Compensation Expenditures Dear President Dieter: The employees of the City of South Bend are covered under federal and state unemployment insurance laws. As with most local units of government, the City of South Bend is a "reimbursing employer" and repays the Indiana Department of Workforce Development monthly for actual unemployment claims paid to eligible former employees. Unemployment compensation costs are currently paid from departmental operating budgets and the amount of unemployment claims paid has proven to be difficult, at best, to estimate and budget accurately. Establishment of a dedicated Fund, managed by the Office of the Controller, will enable greater efficiency and financial control of unemployment funds expended. Thus, it is in the best interest of the City to establish a new Unemployment Compensation Insurance Fund ( #713), which will account for the payment of unemployment claims in a single Fund and will charge an allocation to user departments to cover the estimated costs of claims. The Unemployment Compensation insurance Fund will be classified in the annual financial report as an internal service Fund because it benefits other City departments. The new Fund 713 will be a non - reverting Fund and will earn interest on cash balances. This Fund will be subject to appropriation by the City of South Bend Common Council. The 2011 budget for Fund 713 was passed by the Common Council on October 25, 2010. I will present this Bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. I am available to discuss any matters concerning this Bill at the convenience of the Council. Luecke, Mayor of the City of South Bend ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CREATING AN UNEMPLOYMENT COMPENSATION INSURANCE FUND ( #713) STATEMENT OF PURPOSE AND INTENT The employees of the City of South Bend are covered under federal and state unemployment insurance laws. As with most local units of government, the City of South Bend is a "reimbursing employer" and repays the Indiana Department of Workforce Development monthly for actual unemployment claims paid to eligible former employees. These costs are currently paid from departmental operating budgets and the amount of unemployment claims paid in a year can be difficult to estimate and budget accurately. Thus, it is in the best interest of the City to establish a new Unemployment Compensation Insurance Fund ( #7I3), which will account for the payment of unemployment claims in a single fund and will charge an allocation to user departments to cover the estimated costs of claims. The Unemployment Compensation Insurance Fund will be classified in the annual financial report as an internal service fund because it benefits other City departments. The new Fund 713 will be a non - reverting fund and will earn interest on cash balances. The Fund will be subject to appropriation by the City of South Bend Common Council. The 2011 budget for Fund 713 was passed by the Common Council on October 25, 2010. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I . An Unemployment Compensation Insurance Fund ( #7I3) is created to account for the payment of unemployment claims in a single Fund and to charge an allocation to user departments to cover the estimated costs of claims. This Fund shall be non - reverting and shall earn interest on cash balances. The Fund will be subject to appropriation by the City of South Bend Common Council. SECTION 11. The Unemployment Compensation Insurance Fund ( #713) will be established effective January 1, 2011. 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, South Bend Common (to: uncil � F 4 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 at —O'clock, _.m. day of , 2_, Mayor, City of South Bend, Indiana F:NDATA\SHARE1LegailWpdata\AMDkOrdinanccs\Fund 713 Unemployment Compensation Fund I I 1610.doc y 5t READING ,1'.DT APPROVO 1ASSED CouNTY -Cfry BUILDING 227 W. JEFFERSON BOULEVARD SOUTH SEND, IN 46601 PHONE 574 - 235 -9216 FAX 574 -235 -9928 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER November 17, 201D .•._ Mr. Derek Dieter - President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: Ordinance of the Common Council Creating a New Fund to Account for Community & Economic Development Administration Dear President Dieter: For many years, the expense to fund the day to day operations and administration of the City of South Bend's Community and Economic Development Department ( "Department ") have been accounted for in Fund 212 — Community and Economic Development Fund. In addition to the costs of operating the Department, Fund 212 has also been used to account for specific program expense, including, Community Development Block Grant, Neighborhood Stabilization Program, Homeless Prevention and Rapid Re- housing Program and a variety of other federal and state grant programs. These program expenditures represent the majority of the monies expended from the Fund and operate under a different fiscal timing than that used by the city. Therefore, in order to affect a proper financial control of the expenditures of the department, it is in the best interest of the City to establish a new Community and Economic Development Administration Fund (#211), which will account exclusively for the personnel, supply, services and capital costs of running the Department. The accounting for grant monies and other federal and state assistance will remain in Fund 212. The Community and Economic Development Administration Fund (#211) will be Classified in the annual financial report as a special revenue Fund and will receive funding from transfers in, charges for services and other revenue sources. The new Fund 211 will be a non - reverting Fund and will earn interest on outstanding cash balances. This Fund will be subject to appropriation by the City of South Bend Common Council, The 2011 budget for Fund 211 was passed by the Common Council on October 25, 2010. In January 2011, City of South Bend accounting staff will determine the proper distribution of cash balances, as of January 1, 2011, to Funds 211 and 212 based on grant and other accounting and legal requirements. b4� 6bTu �. PLACE ea PHONE 574 - 235 -9216 FAX 574 -235 -9928 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER November 17, 201D .•._ Mr. Derek Dieter - President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: Ordinance of the Common Council Creating a New Fund to Account for Community & Economic Development Administration Dear President Dieter: For many years, the expense to fund the day to day operations and administration of the City of South Bend's Community and Economic Development Department ( "Department ") have been accounted for in Fund 212 — Community and Economic Development Fund. In addition to the costs of operating the Department, Fund 212 has also been used to account for specific program expense, including, Community Development Block Grant, Neighborhood Stabilization Program, Homeless Prevention and Rapid Re- housing Program and a variety of other federal and state grant programs. These program expenditures represent the majority of the monies expended from the Fund and operate under a different fiscal timing than that used by the city. Therefore, in order to affect a proper financial control of the expenditures of the department, it is in the best interest of the City to establish a new Community and Economic Development Administration Fund (#211), which will account exclusively for the personnel, supply, services and capital costs of running the Department. The accounting for grant monies and other federal and state assistance will remain in Fund 212. The Community and Economic Development Administration Fund (#211) will be Classified in the annual financial report as a special revenue Fund and will receive funding from transfers in, charges for services and other revenue sources. The new Fund 211 will be a non - reverting Fund and will earn interest on outstanding cash balances. This Fund will be subject to appropriation by the City of South Bend Common Council, The 2011 budget for Fund 211 was passed by the Common Council on October 25, 2010. In January 2011, City of South Bend accounting staff will determine the proper distribution of cash balances, as of January 1, 2011, to Funds 211 and 212 based on grant and other accounting and legal requirements. b4� President Dieter Page 2 November 17, 2010 I will present this Bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. i am available to discuss any matters concerning this Bill at the convenience of the Council. Gregg CC.' Stephen J. Luecke, Mayor of the City of South Bend ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CREATING A COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATION FUND ( #211) STATEMENT OF PURPOSE AND INTENT For many years, the administration of the City of South Bend Community and Economic Development Department ( "Department ") has been accounted for in Fund 212 — Community and Economic Development Fund. In addition to the costs of operating the Department, Fund 212 has also been used to account for Community Development Block Grant, Neighborhood Stabilization Program, Homeless Prevention and Rapid Re- housing Program and a variety of other federal grant programs. Thus, it is in the best interest of the City to establish a new Community and Economic Development Administration Fund ( #211), which will account exclusively for the personnel, supply, services and capital costs of running the Department. The accounting for grant monies and other federal assistance will remain in Fund 212. The Community and Economic Development Administration Fund ( #211) will be classified in the annual financial report as a special revenue Fund and will receive funding from transfers in, charges for services and other revenue sources, The new Fund 211 will be a non - reverting fund and will earn interest on outstanding cash balances. The Fund will be subject to appropriation by the City of South Bend Common Council. The 2011 budget for Fund 211 was passed by the Common Council on October 25, 2010. In January 2011, City of South Bend accounting staff will determine the proper distribution of cash balances, as of January 1, 2011, to Funds 211 and 212 based on grant and other accounting and legal requirements. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I . A Community and Economic Development Administration Fund ( #211) is created to account for the personnel, supply, services and capital costs of operating the Department of Community and Economic Development. This Fund shall be non - reverting and shall earn interest on outstanding cash balances. The Fund will be subject to appropriation by the City of South Bend Common Council. SECTION II. The Community and Economic Development Administration Fund ( #211) will be established effective January 1, 2011. In January 2011, City of South Bend accounting staff will determine the proper distribution of cash balances, as of January 1, 2011, to Funds 211 and 212 based on grant and other accounting and legal requirements. 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 Member, South Bend Common Co&cil y. and Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2_, at o'clock m. Approved and signed by me on the at o'clock, _.m. City Clerk day of 2 Mayor, City of South Bend, Indiana F:\DATA\SHARE\LcgalkWpdatalAMDkOrdinanceslFund211 CED Administration Fund 111610.doe I st �,,, �, A D i ", 4 G ( � - L �- - �-D PUEUC-, F"Ela-'JNG F D COUNTY -CITY BUILDING, 227 W. JEFFERSON BOULEVARD SOUTH BEND, IN 46601 Q ®�� 4& tv �. PEAS 184 PHONE 574 - 235 -9216 FAX 574 - 235 -9928 CITY OF SouTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER November 17, 2010 Mr, Derek Dieter - - ....._. _ President, South Bend Common Council e Floor, County -City Building South Bend, IN 46601 Re: Ordinance of the Common Council Creating a new Fund to Account for the 2010 Sewage Works Revenue Bond Construction Dear President Dieter: On November 8, 2010, the City of South Bend Common Council approved spending Ordinance No. 10052 -10, Sewage Works Revenue Bonds of 2010, which authorized the sale of sewage works revenue bonds in an amount not to exceed $9,345,000. Bond covenants and proper accounting principles require that upon issuance, the bond proceeds be deposited into a separate Fund to pay bond issuance costs and project expenditures. To accomplish this, it is in the best interest of the City to establish a new 2010 Sewage Works Revenue Bond Construction Fund (#658), which shall be a non - reverting fund. The new Fund 658 will earn interest on cash balances and will be subject to appropriation by the City of South Bend Common Council. I will present this Bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. I am available to discuss any matters concerning this Bill at the convenience of the Council. Regards, Gregg D. i n a CC.' Ste n J. Luecke, Mayor of the City of South Bend r,'� ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING THE 2010 SEWAGE WORKS REVENUE BOND CONSTRUCTION FUND (#658) STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana presently owns and operates a sewage works by and through the Board of Public works for the collection and treatment of sewage and other wastes pursuant to the provisions of Indiana Code 36 -9 -23, as amended. The City of South Bend Sewage Works Division has financed several significant capital improvement projects out of bond obligations and has recommended to the City of South Bend Common Council that certain additions, extensions, and improvements to the Sewage Works were necessary. On November 8, 2010, in Ordinance No. 10052 -10 the City of South Bend Common Council authorized the sale of sewage works revenue bonds in an amount not to exceed $9,345,000. Bond covenants and proper accounting principles require that these bond proceeds be deposited into a separate Fund to be used to pay bond issuance costs and project expenditures. To accomplish this, it is in the best interest of the City to establish a new 2010 Sewage Works Revenue Bond Construction Fund ( #658), which shall be a non- reverting Fund. The new Fund 658 will earn interest on cash balances and will be subject to appropriation by the City of South Bend Common Council. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The 2010 Sewage Works Revenue Bond Construction Fund ( #658) is established within the City of South Bend to receive bond proceeds and to pay bond issuance costs and project expenditures for the acquisition, construction, and installation of additions, extensions and improvements to the Sewage Works, pursuant to the Project identified and approved in Ordinance No. 10052 -10. SECTION 2. All disbursements from Fund 658 will be in accordance with bond requirements and will be subject to the City of South Bend Common Council appropriation. The 2011 budget for Fund 658 was passed by the Common Council on October 25, 2010. SECTION 3. The monies deposited into this Fund 658 will remain in the Fund and shall not revert to the General Fund or any other City fund. Outstanding cash balances will earn interest and this interest will be retained in Fund 658. SECTION 4. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. r V� 0% Attest: Member, South Bend Common �6uncil City Clerk Cound a�W on UAia L%4 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 F:\DATA\SHARE\Legal\WpdatalWD\Ordinances\Fund658201O Sewage Works Constuction Fund 111610.doc Pr L n. COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, IN 46601 November 17, 2010 SO�T� PEACE CITY OF SOUTH BEND .STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER Mr. Derek Dieter President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 PHONE 574- 235 -9216 FAX 574- 235 -9928 Re: Ordinance of the Common Council Appropriating Additional Monies within certain Enterprise Funds of the Civil City of South Bend Dear President Dieter: The Common Council passed the City's 2010 operating and capital budgets in 2009 (Ordinance #9957 -09 and #9992 -09), which included expenditures for various City enterprise operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. At present, the City has an outstanding debt obligation with Old National Bank, debt origination connected to the .Century Center and its prior year's contract with Johnson Controls for energy conservation in the Century Center facility. The project was successfully concluded with desired results. The City desires to settle the outstanding Old National Bank debt obligation which upon settlement will save the city money in interest financing costs of the remaining debt obligation, The current debt service interest rate is 3.58% and exceeds the interest rate earned on existing Century Center related deposits and investments. The maturity date on the existing debt is January, 2013. Sufficient cash reserves exist at present within Century Center operations to affect this debt settlement without financial strain to ongoing Century Center operations. The Century Center Board of Managers approved the debt settlement action. I will present this bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. I am available to discuss any matters concerning this bill at the convenience of Council. Regard Gregg D. ienta a cc: Stephen J. Luecke, Mayor of the City of South Bend i;✓' ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS OF $157,000 FROM THE CENTURY CENTER FUND ( #670) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2010 operating and capital budgets in 2009 (Ordinance #9957 -09 and #9992 -09), which included expenditures for various City enterprise operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend., Indiana, as follows: Section 1. The following amounts are hereby appropriated in fiscal year 2010 and set apart within the following designated funds for operational expenses as follows: Fund Amount Century Center ( #670) $157,000 TOTAL 57 000 Section H. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of 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 , 2010, at o'clock . m. Deputy City Clerk Approved and signed by me on the o'clock. LL '� ay day of , 2010, at City of South Bend, Indiana COUNTY —CITY BUILDING 227 M JEFFERSON BOULEVARD SOUTH BEND, IN 46601 e PEACE r CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER November 17, 2010 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 PHONE 574 - 235 -9216 FAX 574- 235 -9928 Re: Ordinance of the Common Council Transferring Monies within Certain Property Tax Supported Funds Dear President Dieter: Due to possible delays in receipt of certain property tax revenue, it has become necessary to temporarily transfer monies from various funds within the City to depleted funds to meet Current operational expenses. All funds from which temporary transfers are to be made have sufficient monies to accommodate the temporary transfers. In the event that a tax distribution is received prior to December 31, 2010, and sufficient to negate the deficit position, the temporary transfer of funds approved by this ordinance will be unnecessary and will not be actioned. I will present this Bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. I am available to discuss any matters concerning this Bill at the convenience of the Council. Regards, Gregg D Fntara cc: Luecke, Mayor of the City of South Bend v ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING $440,000 FROM THE RAINY DAY FUND NO. 102 TO HALL OF FAME DEBT SERVICE FUND 313 WITHIN THE CITY OF SOUTH BEND STATEMENT OF PURPOSE AND INTENT Due to possible delays in receipt of certain property tax revenue, it has become necessary to temporarily transfer monies from various funds within the City to depleted funds to meet current operational expenses. All funds from which temporary transfers are to be made have monies sufficient to accommodate these temporary transfers. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The aggregate sum of $440,000 shall be transferred from the following fund as follows: • $440,000 from Fund No.102 -Rainy Day Fund Section II. The monies totaling an aggregate sum of $440,000 transferred per Section I from Fund No. 102 shall be deposited and loaned temporarily to the following fund: 0 $440,000 to Fund No. 313 - Hall of Fame Debt Service Fund Section Ill. All monies transferred under Section I to the fund designated in Section II shall be paid back to the originating fund no later than June 30, 2011. Section IV. City staff will not implement this ordinance if sufficient property tax revenue is received in Fund 313 — HaIl of Fame Debt Service Fund by December 31, 2010 to cover the existing fund deficit. Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Attest: City Clerk r Member of the Common Council; couNTY-CiTY SWLDING 227 W. JEFFERSON BOULEVARD SOUTH SEND, IN 46601 PEACE 1865 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER November 17, 2010 Mr. Derek Dieter President, South Bend Common Council 4t" Floor, County -City Building South Bend, IN 46601 PHONE 574 -235 -9216 FAX 574- 235 -9928 Re: Ordinance of the Common Council Appropriating Additional Funds within the Civil City of South Bend Dear President Dieter: The Common Council passed the City's 2010 operating and capital budgets in 2009 (Ordinance #9956 -09 and #9993 -09) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. This spending appropriation bill includes the following: Fund $ Purpose 101 General Fund 654,372.00 2nd draw of energy conservation grant funds received from Fed September 2010. Monies to be spent on traffic signal optimization study and other energy projects. No net funds to be expended by city. 101General Fund 115,546.00 Reimburse police officers for "gasoline" cost deducted from officer paychecks from July 2008 to July 2010. No net funds expended by city. 101General Fund 15,555.00 Use remaining available DNR grant funds to purchase flash beacons, poles & solar panels for use at pedestrian crossings. No net funds expended by city. 226 Liability Insurance 442,128.00 New monies required to budget authorize already expended liability claim settlements. 258 Human Rights Grant 3,000.00 Pass through grant monies. No net funds expended by city. 288 EMS Capital 600,000.00 Federal Grant monies for the purchase of a new Quint fire department vehicle. Monies will be expended in fiscal 2011, however, appropriation required to enable issuance of PO and encumbrance of monies. Balance of monies ($295k) available in EMS Fund 288. 404 COIT 100,000.00 Design & installation of high efficiency heaters in the Potawatomi Conservatory replacing antiquated equipment. 404 COIT 3,900,000.00 Economic Development project, including $12 million project payment and $2.7 million interfund loan to UDAG Fund to repaid by UDAG to COIT Fund with maturity in 2015 410 UDAG 5,300,000 j Economic Development project, including $2.7 million interfund loan from COIT Fund to be repaid from UDAG Fund to COIT Fund with maturity in fiscal 2015 677 Hall of Fame Capital 137,804.00 Reimburse NFF for repairs & maintenance expense agreed ; to be paid b_y city.. _ - iota! 11, 268,405.00 New monies expended are available within existing cash balances of specified funds within city operations and do not represent a drain on current financial operations of the city. I will present this bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. I am available to discuss any matters concerning this bill at the convenience of Council. Gregg D. efntara cc: Stephen J. t_uecke, Mayor of the City of South Send ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2010 OF $785,473 FROM GENERAL FUND ( #101), $442,128 FROM LIABILITY INSURANCE FUND ( #226), $3,000 FROM HUMAN RIGHTS GRANTS FUND ( 4258), $600,000 FROM EMS CAPITAL FUND (#288),$4,000,000 FROM COUNTY OPTION INCOME TAX FUND (#404),$5,300,000 FROM UDAG FUND ( #410), AND $137,804 FROM HALL OF FAME CAPITAL FUND ( #677) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2010 operating and capital budgets in 2009 (Ordinance #9956 -09 and #9993 -09) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2010 and set apart within the following designated funds for expenditures as follows: Fund Amount General ( #101) $ 785,473 Liability Insurance ( #226) 442,128 Human Rights Grants ( #258) 3,004 EMS Capital ( #288) 600,000 County Option Income Tax ( #404) 4,000,000 Urban Development Action Grant ( #410) 5,300,000 Hall of Fame Capital ( #677) 137,804 TOTAL SU268,405 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Attest: City Clerk E n�F til A Member of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 1 2010, at o'clock . m. Deputy City Clerk Approved and signed by me on the _ day of o'clock —. m. , 2010, at Mayor, City of South Bend, Indiana F, I d I PfR JCHN MY CL5;TJ.`, SO, f F-i-1. A fvlo W I ., 'MI, lJji-Iij I; lei :,r-:! ! li I .1.� T !V gSS �Ijjl �p =p� !-- o 1. al gI.E jgI. kilt Llj:i si iE n i it i i i � ' is 0. :E ml If i i; 4�1 ji IE Q. M P.M 12 lai 1l ol 1 IN. 12 o E i tsl j1p g gf 6: a� i 3-.T Z �-i i i I. El P, R jI E' 21, z 86 JJ t m'. : L �P Af r C8 Pt (51 F-. jui LLA Ila Imo' IWlI I[ IiL -12 Iwf w, L) ca Z, S., E S -ia cn v 11 c o 'S ;iii ; j . K - - I a., L aL L) 4' E E 4. E� E� 01 AR! li I .1.� T !V gSS �Ijjl �p =p� !-- o 1. al gI.E jgI. kilt Llj:i si iE n i it i i i � ' is 0. :E ml If i i; 4�1 ji IE Q. M P.M 12 lai 1l ol 1 IN. 12 o E i tsl j1p g gf 6: a� i 3-.T Z �-i i i I. El P, R jI E' 21, z 86 JJ t m'. : L �P Af r C8 Pt (51 F-. jui COUNTY -CITY BUDDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, IN 46601 December 8, 2010 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIIENTARA, CITY CONTROLLER Mr. Derek Dieter President, South Bend Common Council 41h Floor, County -City Building South Bend, IN 46601 PHONE 574 - 235 -9216 FAx 574 - 235 -9928 Re: Substitute Version of Bill 82 -10 Ordinance of the Common Council for Budget Transfers of Various Departments within the Civil City of South Bend Dear President Dieter: Since the initial filing of Bill 82 -10 on November 17, 2010, additional budget transfers have been identified in various departments that were not captured in the initial bill. These additional transfer requests are necessitated by: 1 — year -end capital purchase using funds originally budgeted in an operating expense category, and 2 — increased expenditure not originally included due to oversight by the department in question. Specific details of the additional transfer requests are identified in the attachment following the notation "Additional Year -End Budget Transfers since original ordinance submitted ". The increases and reductions included herewith are expenditure neutral for the 2010 budget, with increases and reductions netting to a zero dollar appropriation. Please note that there is no textual change in Bill 82 -10 as previously filed. We are designating this as a substitute Bill solely because the detail attachment has been modified as explained above and the attachment is incorporated into Bill 82 -10 itself. I will present this bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. I am available to discuss any matters concerning this bill at the convenience of Council. Regard ftara Gregg D DEC � cc: Stephen J. Luecke, Mayor of the City of South Bend D L ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2010 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances 49956 -09, #9957 -09, #9992 -09 and #9993 -09) which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2010. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2010, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of o'clock . m. Mayor, City of I R +115 tt - I I- - tD G PASSER , 2010, at I 'm� 1 3�i 'mi ',o• _ ;3: _! I I I i I i 1 i I l i k I i ! E. ' n• I 1 4 a, o ', m I E 1 I I 1, 'r i + i i 1 1 I I I m i7 3mr i ice', . d :y vrNi I I I 1 E ,m 21 O '°. E. I I I iw'm m'm ami.d m v�h E C mly SIC n•w u c �c C c'm W In N; E T : !2; Ip ly ✓mi'` I Im'. :�I ?' r : -t I INI� W IR -[S:Q % X O.:6 6 a,X E 'a mlc�c m y I>. 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WHEREAS, Indiana Code Section 36- 7- 4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests, pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COi1141C11. OF THE CITY OF SOUTH REND, INDIANA as follows: F ION 1. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 4611 S Burnett Drive South Bend, In. 46614 In order to permit: Use of the property as an Indoor firing range and training facility. Additional uses are a gun shop, work out and self defense training facility along with extremely limited ammunition reloading for the facility. Variance: Special exception use for a recreational shooting range and training facility. SECTION Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SEOON Ill. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with -the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Man; E ION V. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. iECYION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Major. PIZES #,arro t\'07 APpP OVEN Member of the Common Council He'd In Clerk's 11GO OCT 1 2 2010 JOHN V010ME Petition for special use variance: Variance: Special exception use for a recreational shooting range and training facility and a variance from the required hard surface parking to gravel for an existing parking lot. Current Owner: Horizon Bank Proposed Owner: LLC to be named wholly owned by Dr. Lisa Christy. 4069 East Shore Drive Bremen, In. 46506 Address of Property: 46115 Burnett Drive South Bend, In. 46614 Presented by: Michael A. Zimmerman P.O. Box 228 Bremen, In. 46506 574 - 546 -2382 Zoning Classification: GI — General Industrial Actions to be conducted on site: 1. Standard shooting range using only lead free frangible ammunition 2. Tactical shooting range using only lead free frangible ammunition 3. Shooting house using only lead free frangible ammunition 4. Small gun shop 5. Workout facility 6. Martial arts /self defense training area. 7. Meeting room offered for free to clubs, organizations and law enforcement for shooting and outdoor related purposes. S. Small reloading area for reloading ammunition for this facility. Constitutes only 386 sq. ft. of an approx. 12,000 sq. ft. facility. Only small amounts of powder and primers will be kept on site and will be kept in separate fire proof cabinets in accordance with OSHA standards. Unique Facility: This facility is the only public indoor shooting range in the region if not in the country to offer the following: 1. Use of metal knockdown and pneumatic /mechanized target systems. 2. Fully lead free facility using only lead free frangible ammunition. 3. Indoor shooting house open to both the public and law enforcement. 4. Workout facility for full service training. 5. Ability to train with draw and fire and tactical reload techniques. Allowed on the Tactical range only. 6. Facility is open to the public and also offers memberships. 7. Provides a place for law enforcement to train in doors. Tactical range offers the ability to simulate different lighting situations along with sound and light effects simulating police lights and sirens. 8. Range is handicap accessible. 9. Offer classes for self defense and firearm training. 10. Qualified off duty police will be utilized as range officers to take the public through the shooting house. The officer will receive half the hourly fee. Security: A full service third party security system will be utilized such as ADT. All firearms will be locked in safes during non operation hours until additional security measure can be put in place to insure safe storage of firearms. All ranges will be monitored by surveillance cameras at all times. Video feed will be viewed by the front desk personnel as well as support staff in offices. Lead Free Facility: This facility uses only lead free frangible ammunition. The ammunition is frangible which means it turns into dust whenever it hits anything as hard as itself. This prevents the possibility of ricochets. The bullet Is made up of a copper /tin composite dust. No lead is used anywhere in the facility. No regular ammunition Is allowed to be used in the facility. Strict penalties are in place to insure compliance. STANDARDS FOR SPECIAL EXPCEPTIONS I.C. 36 -7-4 -918.4 as listed below: L The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. Answer: This range will be constructed to NRA specs for high powered Full Metal Jacket ammunition. However, only LEAD FREE FRANGIBLE ammunition will be used in this facility. Since this is a lead free facility there will not be any issues with lead on employees, customers, or in the air vented to the outside. The lead free frangible ammunition is a copper /tin dust composite. The lead free frangible ammunition disintegrates into dust whenever it comes in contact with anything as hard as itself. Therefore, ricochets are not an issue and since the range is built to handle high powered rifle rounds there is not possibility of a round escaping the range. All efforts will be made to minimize any noise both inside the range and the outside. The inside will have sound deadening materials such as vulcanized rubber, carpet and ceiling tiles on the walls and ceiling to deaden noise. The inside of the overall facility will also have additional insulation and if needed the outside of the block range on the inside of the building will have additional sound deadening materials placed on it. ii. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Answer: This facility will be very unique as no other facility of this kind is known to exist which is available to the public. This facility will provide a greatly needed training facility for not only the public but for area law enforcement agencies. In addition, the facility will promote classes and instruction in the safe handling and storage of firearms. The facility will draw customers from all across the region as this facility is the only one of its kind. As a result the property values will increase and give area businesses the opportunity to do business with additional customers. iii. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and Answer: The facility is located in an industrial park. iv. The proposed use is compatible with the recommendations of the City of South Send Comprehensive Plan. Answer: This unique facility is promoting public safety and wellness both by direct training and by providing an additional training arena for local law enforcement. The facility will draw thousands of people from both the immediate area and from the region to the Southside of South Bend bringing additional ancillary revenue to the area. Parking: The original use of the facility was a warehouse for a local homebuilder. Therefore the site plan only included 15 spaces. The facility sits on 1.28 acres and has ample room for additional parking, Room will be provided for at least 29 spaces of parking at the facility. Signed 1y R Date: 10 -12 -10 Represent Kodiak Gun & Firing Rang4 Mission Statement: To promote the shooting sports by providing a safe and cost effective facility where law enforcement and individuals alike can learn to shoot and train safely. Overview.- Ranges; The facility will provide three different types of ranges: (see ranges tab for detailed info) 1. Public Range — Handgun Only 2. Tactical Range — Handgun, rifle, shotgun 3. Shooting House — Handgun All three ranges will utilize metal targets and only permit lead free non frangible ammunition. Frangible ammunition turns to dust whenever it comes in contact with anything as hard as itself. Niche Market: This facility is unique, Most public ranges only offer the shooter the ability to shoot at a paper target. This facility allows shooters a wide range of metal knockdown and moving targets. in addition; the shooting house facility is the only known indoor facility open to the general public in the United States at this time. Facilities of this type are either government /military owned or offered by private clubs. Law enforcement facilities of this type are very rare. A poll of the police departments in Northern Indiana indicate they either have no facility to shoot at or limited and none of them have access to indoor shooting houses or tactical ranges. In addition, the tactical range allows for draw and fire and tactical reloading. USPSA and IPSO matches as well as cowboy shooting tournaments are becoming very popular. There are no public ranges where these shooters can train. They must join private clubs which are typically outdoor ranges. Our facility allows year round comfortable shooting environment. Another unique ability for the gun store is the ability for gun buyers to test fire used firearms before deciding to purchase (for a small fee of course). Most buyers have to purchase a firearm or shoot someone else's to see if they like it or purchase the firearm and hope they like it. if the gun store has a used firearm similar to the new firearm they are considering purchasing then the gun buyer may try out the used model first. Clientele: 1. Law Enforcement 2. Average shooter 3. Tournament shooters. Additional Services: In addition to the ranges Kodiak will also offer guns for sale as well as shooting accessories. For members there will also be a limited workout facility and martial arts /defense workout area. Classes will be offered in self defense. Ammunition Availability: Frangible ammunition will be available for purchase from Kodiak. Kodiak is contracting with Precision Cartridge in NW Indiana to supply lead free ammunition. Precision Cartridge is one of only two commercial ammunition manufacturers in Indiana. Precision provides the ammunition for many law enforcement and public ranges. They manufacture a complete line of frangible lead free ammunition. They have the capacity to supply all the ammunition needs for Kodiak. In addition, some frangible ammunition will be supplied by Kodiak Armory. Reloading supplies will be available for purchase. Most specifically a complete line of frangible bullets for those who wish to reload on their own. Memberships: Memberships will be offered to the following: (see membership tab for details) 1. Individuals 2. Families 3. Law Enforcement 4. Corporations 5. Clubs EPA Regulations: The frangible ammunition is a composite of copper /tin alloy dust. it is totally lead free. As a result this facility is not subject to the lead problems suffered by other indoor ranges. The only requirement is there be a slight negative airflow which is vented to the outside. This is to keep the smoke and dust away from the shooter. The EPA will eventually mandate all indoor ranges use frangible ammunition because of the lead contamination factors. In anticipation of this more and more ammunition manufacturers are coming out with lines of lead free frangible ammunition. Fees: Research was completed compiling the cost of ranges around the country. Public Range: The public range is priced at $10 per hour plus $5 per extra person; maximum of 3 people per lane. Tactical Range: The Tactical Range is priced at $20 per hour plus $10 per extra person; maximum of 3 people per lane. Shooting Houses: Since there are no shooting houses open to the public the price was determined by reasonable fees for time. The public non - members will be charged $100 /hr with a maximum of four people ($25 /person) plus ammunition. Members will be charged $50 /per hour maximum of 4 people. Off duty LED's will be trained to take the shooters through the shooting houses. They will receive 50% of the hourly fee for this service. LED's gill be charged $50 per hour per four officers. A range officer is not required for law enforcement personnel to use the shoot house. Ammunition: Ammunition will be priced at 10% over cost. Frangible ammunition is slightly more expensive than lead ammunition and Kodiak wishes to promote the shooting sports and full use of the facility by as many people as possible. Law enforcement will also save on the federal excise tax which is currently 12 %. Firearms: Firearms will be priced at 20% over cost. Shooting Accessories: All other items will have appropriate mark -taps. Classes: Martial arts classes will be priced accordingly. Class space for LEO's who wish to bring in people and hold a safety class will not be charged for the class space but will pay for the range usage and ammunition. The range usage fee will be discounted. A free class will be given to anyone who buys a membership, a firearm orjust asks for one. This basic class covers all safety aspects of gun handling both in general and with their specific firearm. Advanced training classes will be offered by qualified instructors for those wishing to learn advanced firearm training. These classes will be at a cost to be determined by the instructors. B yz 2L / If rcels County Parcels MAILINGAD MAf PROPADD PROP -S Roe PARCELID NAME-1 IVIAlLiNGCIT LIN MAILlIJGZIP PROP CITY PROP ZIP D GS R TATE TEPE ELMER H AND ROY 023 -1043- 0/81A ELKO 1 300602 COMPANY P O Box 90 South Bend IN 46624 KLC VAC LAND - 023 -1043- ENTERPRIS 4520 S BURNETT 2 300601 ES, LLC Burnett Or South Bend IN 46614 DR South Bend IN 46614 4550 023 -1043- KROLZICK 4550S BURNETT 3 3012 FRED H Burnett Or South Bend IN 46614 DR South Bend IN 46614 DAVIS TRAUB 4525S 023 -1043- REAL 4525S BURNETT 4 3013 ESTATE LLC Burnett Or South Bend IN 46614 DR South Bend IN 46614 UPDIKE 3333 023 -1043- DEVELOPM Independenc 902 W 5 3004 ENT LLC a Dr Fort Wayne IN 46808 1REtAND South Bend IN 46614 4622 023 -1043- WATTS 4622 Burnett BURNETT IIN 6 3010 JAMES A Or South South Bend IN 46614 DR SOUTH South Bend 46614 SELECT 023 -1043- BEVERAGE 400 N Wolf BURNETT 114609 7:3008 S INC Rd, Ste A Melrose Park IL 60164 DR South Bend IN 46614 HOOSIER IIN 4604S 023.1043- SPRING CO 14604 Burnett BURNETT 813007 INC Or ISouth Bend iii 46614 OR South Bend IN' 1 46614 R -P 023 -1043- PROPERTIE 23475 St Rd 4616S 9 300901 S LLC 4 Lakeville IN 46536 BURNETT South Bend IN 46614 4500 -4600 BLOCK 023 - 1043 - LANG /ROSE 63607 Pine BURNETT 103009 TTO INC Rd North Liberty IN 46554 DR. 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Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 November 4, 2010 The Honorable Common Council Of the City of South Bend 4th FIoor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Dr. Lisa Christy ABZA 1113110 Dear Council Members: The above referenced petition of Dr. Lisa Christy was legally advertised on October 24, 2010. The Area Board of Zoning Appeals gave it a public hearing on November 3, 2010, at which time the following action was taken: Upon a motion by Mr. Phipps being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception for a recreational shooting range and training facility, on property located at 4611 S. Burnett Drive, is sent to the South Bend Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerer, Charles C. Bulot, C.B.O. Building Commissioner CCB /cah DR. LISA CHRISTY SPECIAL EXCEPTION PURSUANT 21- 09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1, THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3_ THE PROPOSED USE WILL. BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND CO fPREH.ENSIVEPLANBECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: ]FAVORABLE RECOMMENDATION ADOPTED this 3rd Day of November, 2010. YES NO MICHAEL URBANSKI Q RANDALL MATT14YS ® JACK YOUNG GERALD PHIPPS ® ROBERT HAWLEY 0 JOE VELLEMAN Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byomi Larry P. Magliozzi Executive Director Assistant Director Phone 574 235 -9571 ~. Stjosephcounyiindiana .com /areaplan Fax 574 235 -9813 October 25, 20I0 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: City Council Attn: Janice 4`l' Floor County City Building South Bend, IN 46601 The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday, November 3. 2010. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. Variances A variance from any of the development standards of the Zoning Ordinance may only he approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) The strict application of the terms of this Chapter would result in practical dfculties in the use of the property. I. The petition of Basil Pappas for property owned by Arturo DiRosa (d/b /a Tammy Properties, L.L.C.). The Staff recommends denial of the requested variance from the required parking screening for the south parking lot along Princess Way. The intent of the landscaping regulations include mitigating incompatibilities between adjacent land uses, reducing the negative impacts of higher intensity land uses on less intense adjacent land uses, providing a critical visual and noise bu ffering effect between higher intensity districts and less intense districts, and lessening the impact of development on the environment by reducing glare and heat build up. Providing a compact row of shrubs or hedge plants along the existing parking lot will create visual separation and buffer between the large parking area and the public right -of -way and the higher intensity zoned properties to the east. The County Engineer will allow for such a hedgerow to be planted immediately adjacent to the edge of the parking area (within the right -of -way) since there is only a 6 -inch separation between the edge of the parking lot pavement and the right -of -way. A minimum 10 -foot clear area must be maintained between the edge of pavement along Princess Way and any obstruction including landscaping within the right -of -way. Such a clear area can be maintained since the right- of-way line is located approximately 20 feet from the edge of pavement of Princess Way. E_ 4Boards ofZoning Appeals44rea Board of Zoning A4ppeals11010i[1l] Novemdendoe Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana d6 Upon our site investigation, it was discovered that the current parking lot is paved but is unmarked. Identifying parking spaces with painted lines, raised curbs or other means to indicate individual spaces is a requirement of the zoning ordinance. Marking the lot with the 86 parking spaces as shown on the site plan will eliminate any confusion motorists currently have regarding traffic flow and where to park. Eliminating possible motorist confusion will ensure that the parking lot is being used to its greatest potential and as designed. 3. The petition of Communitywide Federal Credit Union. (405 Ireland Road) The staff recommends denial of the sign variance for an increase in the allowable maximum square footage from 100 square foot to 126.27 square foot. As part of the 2004 update of the City of South Bend Zoning Ordinance, the sign ordinance was significantly revised. The intent of the sign ordinance is to eliminate excessive and confusing sign displays; maintain and improve the ggpLarance of the City of South Bend as an attractive place in which to live and conduct business; and safeguard and enhance property values by minimizing the possible adverse effects of signs on nearby public and private property. Variances for increased size and number of signs undermine the intent of the sign ordinance, and any such request should have a clear relationship to unique site conditions beyond the petitioner's control. It is our opinion that the 100 square foot minimum, as established by the ordinance, can accommodate the petitioner's needs. There are no on -site conditions such as topography, trees, signs, or other obstructions that is driving the need for a larger sign. 4. The petition ofCommunitywide Federal Credit Union. (52330 State Road 933) The agenda incorrectly identifies the property zoned as "C" Commercial District, when it is zoned to the "O" Office District. The maximum permitted size for an on- premise freestanding sign in the "O" Office District is 48_ square eet and not 64 square eet as indicated in the petition. In 2006, the petitioner's property was rezoned from the "C" Commercial and "R" Single Family Residential Districts to the "O" Office District to allow the existing financial institution. The "O" Office District was recommended in order to restrict the size and intensity of commercial uses extending into the single - family residential area to the east. However, along with lower intensity land uses and a maximum 8,000 square foot building size, this district also restricts the size for on- premise freestanding signs. This site is located along State Road 933 between Brick Road and Cleveland Road, where all of the properties except the petitioner's property, are zoned "C" Commercial. The "C" Commercial District allows the maximum display area of identification signs to be two square feet per each linear foot of lot frontage. Applying this standard to the petitioner's site would perinit an on -site identification sign with a maximum display area of 353 square feet. Since the sign will be oriented towards State Road 933, the staff recommends approval of the requested variance. The proposed sign would not be out of character with any other existing or permitted sign on any adjacent property located along State Road 933. Special Exception / Special Use A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, E. IBoar& of Zoning.4ppealil4rea Board afZon1ngAppea1j120101(11] November.doc (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. 6. The petition of Dr. Lisa Christy. The staff recommends that the Special Exception for a recreational shooting range and training facility be sent to the City of South Bend Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed indoor facility will be constructed to specifications for high - powered ammunition even though only low impact lead free frangible ammunition will be allowed. A block range, in which all shooting will occur, will be constructed within the existing structure. This block range will be lined with materials to reduce noise. The use of lead free ammunition will also deter potential environmental contamination, which is often associated with traditional shooting ranges that have no restrictions on the use of lead -based ammunition. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed use is located within the Burnette Industrial Park, which is bordered by the Erskine Commons retail center to the east, vacant industrial property to the north across Ireland Road, the Buckeye refined petroleum product terminal to the west, and the U.S. 31 bypass and vacant land zoned industrial to the south. The nearest residential zoned property is located approximately a quarter mile to the south of the proposed facility across the bypass. Due to the industrial nature of the area and lack of nearby residential uses, the proposed use is not anticipated to affect the use or values of the adjacent properties. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. As previously mentioned, the proposed facility will be located within an existing industrial park. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. Ci1y Plan South Bend Indiana (November 2006): The future land use map identifies this area as heavy industrial. The staff recommends denial of the variance request from the required hard - surface parking to gravel for an existing parking lot. All other parking lots within the Burnett Industrial Park are paved. Requiring a paved and lined parking area will reduce dust pollution and provide a parking area that can be used to the fullest potential. Sincere] Derek Spier, AICP Planner E: iBoards of Zoning Appealh*ea Board of Zoning Appeals120101[11] November.doc J-) - l 0 -low 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 6879 ENTERPRISE DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR G.H.S. CORPORATION d/b /a GHS STRINGS WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 6879 Enterprise Drive, South Bend, Indiana, and which is more particularly described as follows: Lot lettered "C" as shown on the recorded plat of Olive Road Commerce Park Section Two, first replat recorded January 22, 1999 as document number 9903188 in the Office of the Recorder of St. Joseph County, Indiana and which has Key Number 25 -1011 -0187 aWa 71- 03- 19- 300 - 005.000 -009 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seg., and South Bend Municipal Code Sections 2 -76 et sm., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1, et seq., and South Bend Municipal Code Sections 2 -76, et sec., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION -1. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1. I - 12.1 -4.5 et M., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years; provided however, the Petitioner may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under I. C. 6- 1.1 -45 for the same property. 2 SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council r:.I tai ©F AFr'�(}i.t:D, WKED" ' 3 1200 COUNTY -CITY Bu1LDING 227 W JEF ERsoN BOu1 EvARD Sou-m BEND, INDIANA 46601 -1830 November 30, 2010 PiioNE 5741 23 5 -937 1 FAx 574/235 -9021 TDD 5741235 -5567 CITY of SouTH BENi9 STEPHFN J. LuF_cn, MAYOR C®MMuNiTy & EC ®N®MIc DEVELOPMENT .JEFFREY V. GIBNEY EXECUTIVE DIRECTOR Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: G.H.S. Corporation d/b /a GHS Strings Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a personal property tax abatement petition for the above - referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the acquisition and installation of new equipment as part of the company's planned relocation to a new facility located at 6879 Enterprise Drive. The report contains the Department's findings relative to the above petition. G. H. S. Corporation will be transferring, purchasing and installing new and used equipment. All of the used equipment will come from outside the State of Indiana. The total project cost for the equipment is estimated at $600,000 to $1,000,000. The project meets the qualifications for a (5) five -year personal property tax abatement and a representative from G. H. S. Corporation will be available to meet with the Committee on Monday, December 13, 2010. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -5535. Sincerely, 4, , ) Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks CoMMuN1TY DL'.VF.I.oPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM .PAI.IELA C. MF.YER DONALD E. INKS MANAGEMENT 5741235 -9660 574/235 -9371 EUZAB$TH LEONARD FAX: 574/235 -9697 5741235 -9371 1200 COUNTY -CITY BUILDING 227W. JEFFERSON BomEVAR[J SOUI -H BFND, INDIANA 4660 1-1 830 PHONE 5741235 -9371 FAx 5741235 -9021 TDD 574/ 235 -5567 Crry OF SouTH BEND STEPHEN J. L.UECKE, MAYOR COMMuNITY" ECONOMIC DEVELOPMENT JHPPREY V. GlBNEY EXECUTIVE DIR cmp, TAX ABA TEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: G.H.S. CORPORATION d /b /a GHS STRINGS DATE: November 30, 2010 On November 29, 2010, a petition for personal property tax abatement consideration for property located at 6879 Enterprise Drive was filed with the City Clerk by G.H.S. Corporation d /b /a GHS Strings. Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6- 1.1 W 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 SUMMARY G.H.S. Corporation is one of the largest domestic manufactures of strings for fretted instruments, including for example strings of classic, acoustic and electric guitars, bass instruments, mandolins, banjos, fiddles and many other instruments. Petitioner is proposing to relocate its primary string manufacturing operations to South Bend in a phased transition process to ramp up production and commence production during 2011. The project consists of the installation of string manufacturing equipment including, without limitation, automated ball -end machines, and computer monitored string tension and winding equipment. G. H. S. Corporation will be transferring or purchasing and installing new and used equipment. All of the used equipment will come from outside the State of Indiana. The estimated cost of the project is $600,000 to $1,000,000. CommumTY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 5741235.9660 574!235 -9371 ELIZAPETH LEONARD FAX: 5741235 -9697 5741235 -9371 South Bend Common Council RE: Tax Abatement for G.H.S. Corporation d/b/a GHS Strings November 30, 2010 Page 2 At a cost amount of $600,000 total taxes to be abated during the (5) five -year abatement period are estimated at $26,096. Total taxes to be paid during the (5) five -year abatement period are estimated at $23,746. At a cost of $1,000,000 total taxes to be abated during the (5) five -year abatement period are estimated at $43,494. Total taxes to be paid during the (5) five -year abatement period are estimated at $39,577. EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will create at least fifteen (15) new, permanent, full - time jobs in the first year of production representing a new annual payroll of at least $350,000. Because the project is new to South Bend there are no existing jobs. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been granted or been associated with any previous tax abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for personal property tax deduction must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year personal property tax abatement under section 2 -84.2, Tangible Personal Property Tax Abatement. M N N O tr• CD M n0 N LO CD 00 } fty N d r- d. (+ " N to U) C DC V o o '! 0 o 0 0 O O a CO O (D O OD O (fl O Or d 0 0 N (D (D O N 'd" V b N 000 LL! M N Y rCO 0 as i x C6 U L d Q �C/) N (j 2 d' N r CD O O d O O .� U + t6 D c� m Q? ® E— l�9 a o a MI 0 (T Om C � dh tm.,.dOOO CD C O m! 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O cM "" XI C6 N U� x „xx, O 55 .- c Co Cl) ? t5 o _ �U _NC7� i17 O lU U) N N N N j > V] 7 G) `" ° Or z �' z� CCU Coo adQfi(1 -0 V) C sn X N try o Co f� CJ LLI N 7 C Q 9 N N -C U) 3 CL T � C .g O C O .0 Ca O Qy +f C15 !1 C ai O iri m c U U y .0 D N N A U O -- p> f�.�+ iB Cti L �- O ti CD o U) cn C ii} CO `% X U A] Cn EL1 n n � 1 CD � � �- X'7 N V (D � � Q¢ �z a �z U m000 Wc Q Q v._ LD U1 Um CD co Q � ` `N in Richard J. Dean] (574) 2371240 richard.deahi @btlaw.com VIA HAND DELIVERY Mr. John Voorde City Clerk County -City Building - 4th Floor South Bend, Indiana 46601 RE: G.H.S. Coloration Application for Personal Property Tax Abatement Dear Mr. Voorde: 600 1st Source Bank Center 100 North Michigan South Bend, IN 46601 -1632 U.S.A. (574) 233 -1171 Fax (574) 237 -1125 www.btlaw.com November 29, 2010 We are pleased to enclose an original and two copies of the following documents for filing on behalf of G.H.S. Corporation d /b /a GHS Strings: 1. Petition for Personal Property Tax Abatement for consideration; 2. Statement of Benefits (Form SB -1 /PP); 3. Form of Declaratory Resolution for the Common Council's consideration; and 4. Form of Confirmatory Resolution for consideration. Please note that we have also enclosed a check in the amount of $250.00 payable to the City of South Bend for the appropriate filing fee. As you will see, this Petition relates to the proposed relocation of GHS Strings' manufacturing operations to South Bend. GHS is one of the largest domestic manufacturers of strings for fretted instruments, including guitars, bass instruments, banjos, fiddles, etc. GHS is proposing to relocate its primary string manufacturing operations to South Bend in a phased transition, which will result in 15 -20 immediate jobs (with the likelihood of this doubling within one to two years) and an original investment in equipment of approximately $650,000. We appreciate the Common Council's consideration and look forward to working with the City's Department of Community and Economic Development and the Council to discuss the proposed project in more detail. We understand that the scheduling for this matter will include (a) meeting before the Redevelopment Commission on Friday, December 3", (b) meeting before the Common Council (both committee and public portion) on December 13'�', and (c) a meeting to address the confirming resolution on January 10, 2011. Atlanta Chicago Delaware Indiana Michigan Minneapolis Ohio Washington, D.C. Mr. John Voorde November 29, 2010 Page 2 As always, please feel welcome to contact me if you have any questions or concerns or if we can provide any additional information. Thank you for your professional assistance. Very truly yours, ES & THORNBURG LLP 0j. Richard J. Deahl RJD : slr Enclosure cc: Mr. Robert Mathia (via hand delivery) Mr. Russell McFee SBDS02 RJD 412976v1 I' 10'0 1 69111 ' I }I1't 2 D STATEMENT OF BENEFITS FORM SBA 1 PP PERSONAL PROPERTY .� State Form 51764 (R 11 -06) PRIVACY NOTICE ' ■�• Prescribed by the Department of Local Government Finance The cost and any specific individual's salary information is confidential; the balance of the filing is public record per IC 6 -L1- 12.1 -5.t (c) and (d). INSTRUCTIONS, 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and /or research and development equipment, anc!!or logistical distribution equipment and/or information technology equipment 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 STATEMENT OF BENEFITS. (iC 6-1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to installation of the new manufacturing equipment and /or research and development equipment and /or logistical distribution equipment and /or information technology equipment, BEFORE a deduction may be approved. 3. To obtain a deduction, a person must File a certified deduction schedule with the person's personal property return on a certified deduction schedule (Form 103 - ERA) with the township assessor of the township where the property is situated. The 103 -ERA must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment and /or research and development equipment and /or logistical distribution equipment and /or information technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March 1 and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF -1 /PP annually to show compliance with the Statement of Benefits. (IC 6 -1.1- 12,1 -56) 5. The schedules established under IC 6 -1.1- 12.1 -4.5 (d) and (e) apply to equipment installed after March 1, 20por equipment installed prior to March 2, 2001, the schedules and statutes in effect at the time shall continue to apply. (1C 6- 1.1- 12.1 -4,5 (t) and (g))_ j axpayer rporation dlbfa f3HS Strings (or Subsidiary) 7ddress f taxpayer (number and str eet, city, state and ZIP code) 2813 Wilber Ave., Bathe Creek, Michigan 49075 Name of contact person one number Russell McFee, President ..,. (269) 968 -3351 • s 1101,21=033MERMINEW Name of designating body Resolution number (s) Common Council the City South Bend"" ` ( ) of of Location of property County DLGF taxing district number 6679 Enterprise Drive, South Bend, Indiana 46628 St. Joseph 009 (SB- German) Description of manufacturing equipment and/or research and development equipment ESTIMATED and /or logistical distribution equipment and /or information technology equipment Start Date COMP letion Date (use additional sheets if necessary) Manufacturing Equipment February 2011 February 2013 Proposed installation of string manufacturing and related equipment including, without R & D Equipmentt limitation, automated ball -end machine(s) and computer monitored string tension and finding equipment, having an original cost in excess of $650,000. Logist Dist Equipment IT Equipment s s s • "s Curren t number Salaries Number retained umber additional Salaries =fariesN' 0 -$0.00 NIA 15 -20 — $35Qk -$500k NOTE: Pursuant to IC 6 -1.1- 12,1- 5.1(d)(2) the MANUFACTURING R g D EQUIPMENT LOGIST DIST EQUIPMENT EQUIPMENT IT EQUIPMENT Assessed Assessed Ad Assessed Cost COST of the property is confidential. Cost !Assessed Cost os Cost Value Value Value Value Current values 0 0 Plus estimated values of proposed project $6000 Reg. 16 Less values of any property being replaced N/A NIA Net estimated values upon completion of project $60oK- Reg. 16 $1MM Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other Benefits: • E MM 17M 0 • hereby ce qify that the rep resentations in this statement are true. Si re of autho re tine �,G Title Russell McFee, President Date sfgnemonth, day, year) N 2010 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 -2.5, pro- vides for the following limitations as authorized under IC 6 -1.1- 12.1 -2. A. The designated area has been limited to a period of time not to exceed designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Installation of new manufacturing equipment; 2. Installation of new research and development equipment; 3. Installation of new logistical distribution equipment. 4. Installation of new information technology equipment; calendar years* (see below). The date this ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No C. The amount of deduction applicable to new manufacturing equipment is limited to $ cost with an assessed value of $ D. The amount of deduction applicable to new research and development equipment is limited to $ cost with an assessed value of $ E. The amount of deduction applicable to new logistical distribution equipment is limited to $ cost with an assessed value of $ F. The amount of deduction applicable to new information technology equipment is limited to $ cost with an assessed value of $ G. Other limitations or conditions (specify) H. The deduction for new manufacturing equipment and /or new research and development equipment and/or new logistical distribution equipment and /or new information technology equipment installed and first claimed eligible for deduction on or after July 1, 2000 is allowed for: ❑ 1 year ❑ 6 years ** For ERA's established prior to July 1, 2000, only a ❑ 2 years 1:17 years 5 or 10 year schedule may be deducted. ❑ 3 years ❑ S years ❑ 4 years ❑ 9 years ❑ 5 years ** ❑ 10 years ** Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. (signature and title of authorized member} ITelephone number Date signed (month, day, year) by, (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 -1.1- 12.1 -4,5. SBDS02 RJp 4128110 CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, personal property, located within the City of South Bend, hereby petitions the Common Council of the City of South Bend for personal property (new manufacturing equipment) tax abatement consideration and pursuant to 1. C. 6- 1.1 -12. 1 -1 et se ., and South Bend Municipal Code Section 2 -84.2 et seq., for this petition states the following: 1. Describe the proposed project, including information about the new manufacturing equipment personal property ( "equipment ") to be installed, the amount of land to be used, if any, the proposed use of the equipment, and a general statement as to the value of the project to your business. G.H.S. Corporation d/b /a GHS Strings the "Petitioner ") is one of the largest domestic manufacturers of acoustic and electric uitaorsf bassdinstrum eats, including for example) strings far. classic. strings . ��),.,...�g ,. g _ instruments, mandolins, banjos, fiddles and many other instruments. Petitioner is proposing to relocate its.primyu string manufacturing operations to South Bend, Indiana in a phased transition to ramp and commence production during 2011. The Petitioner's project consists of the installation of string manu ac ng equipment including, without limitation. automated ball -end machines) and computer monitored strip tension and winding „etc ui ment,_ having an original cost in excess of $650,000. 2. The project will create at least _15 -20 new, permanent, jobs within the first year, representing a new annual payroll of between $350,000 and $500,000. The Petitioner anticipates that the number of jobs (and associated payroll) will nearly double as production progresses through 2011 and 2012. The jobs related to this proposed project are new jobs to the South Bend community. The Petitioner is working with a staffing placement firm to seek qualified candidates for various positions. With the exception of certain salaried positions, Petitioner anticipates paying an hourly wage in excess of $9.00 per hour, together with paid holidays. Estimate the cost of the Equipment: The estimated cost of equipment which will be reported for Indiana personal property taxes is estimated to be between $600.000 and $1,000,000. 4. (a) The Equipment is owned or to be owned by the following individuals or corporations (if the business organization is publicly -held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST G.H.S. Corporation 2813 Wilber Ave. Owner (or subsidiary) Battle Creek, MI 49015 (b) The following other persons lease, intend to lease, or have an option to buy this equipment (include corporate information as required in (4)(a) above, if applicable): NAME ADDRESS INTEREST NIA N/A NIA 5. Give a brief description of the overall nature of the business and of the operations occurring at the location for which tax abatement is requested: The Petitioner is engg ed in the business of manufacturing strings for many different fretted instruments. The Petitioner is considering locating .is production o erations in a suite containing approximately 16,000 square feet (mixed use for manufacturing/office/storage) located at 6879 Ente rise Drive in South Bend. 6. The commonly known address of the properly where the Equipment is located is: The equipment is proposed to be located at 6879 Enterprise Drive, South Bend, Indiana 7. The Key Number of said property is: The key number of the real estate where the equipment is proposed to be located is 025 - 1011- 01 „87(a/k/a 71- 03 -1.9; 300 - 005.00 -09) 8. Attach the legal description of the property where the equipment is to be located, marked "Exhibit A,” and is hereby incorporated herein. Please see Exhibit A attached hereto 9. Attach a map and /or plat describing the property where the equipment is to be located, marked "Exhibit B," and is hereby incorporated herein. Please see Exhibit B attached hereto. 10. Attach photographs of the property, taken within 30 days of filing of this petition, marked "Exhibit C," and hereby incorporated herein. Please see Exhibit C attached hereto 11. The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment $ None ($0.00 ,,., 12. The current use of the real property where the Equipment will be installed is mixed -use for light manufacturing, warehouse and office. The suite considered by Petitioner is currently vacant. The current zoning is "LI" Light Industrial (use) and n/a (height and area). (This information may be obtained from the Building Department 235 - 9553.) 13. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner; YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES The Petitioner has not owned real estate or otherwise operated manufacturing equipment on which taxes would be aid in the past. This proposed project involves the relocation of out- of-state manufacturing operations to South Bend. (This information may be obtained from the St. Joseph County Treasurer's office 235 - 9531.) 14. Describe the commitment made within the past five years by your firm to hiring minority individuals, including number of minorities employed during each of the past five years, specifying whether full time or part -time and whether permanent of temporary employees. The Petitioner shall also list the current number of total employees (full and part-time) and the current number of minority individuals (full and part- time). Year Total Minority Minority Minority Employees Total Full -Time Part -Time * * Current 86 5 5 0 2009 97 5 5 0 2008 101 5 5 0 2007 102 5 s 0 2006 114 6 6 0 * * As noted above,. Petitioner has not previously conducted operations or employed em to ees in Indiana. The information above relates too erations conducted by Petitioner in Michiszan. 15. Describe on -site child care of day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. None. 16. What is your best estimate of the market value of the new Equipment after installation? The market value of Petitioner's a ui ment is estimated to be in excess of $1,000,000. 17. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? The following estimates are based on equipment installations with a cost of $600,000 and a 3.5% tax rate (for purposes of the estimate of taxes to be abated) Year Estimated Dollar Amount 1 $8,400 2 $9,400 3 $5,300 4 $2,700 5 $1,200 18. What is the commitment your firm will make to minority employment during the five years of tax abatement? Petitioner is an equal opportunity employer with a focus on attracting, hiring and retaining qualified employees. In addition, Petitioner is committed to following measures during the next five years to attract minority candidates to apply for positions at GHS. Rather than s tcandidates, rc��lirio Petitioner will use local _.,employment a encieto attract raet inludminotcandidates . 19. The Equipment has not been installed as of the date of filing of this petition. The signature at the end of this Petition is verification of this statement. 20. The standard Industrial Classification Manual major group within which the proposed project would be classified, by number and description: 332618 „f Other Fabricated Wire Product Manufacturing) 21. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: Manufacturing 22. The real property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: Airvort Economic Development Area 23. Other anticipated public financing for the project including, if any, industrial revenue- bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and the St. Joseph County, Indiana; or other public financial assistance, including but not limited to public works improvements. None. 24. Describe how and why the manufacturing equipment to be replaced or the facility in which Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues: NIA 25. The new manufacturing equipment will be used in the direct production, manufacture, fabrication, assembly, extraction, mining, processing, refining, or finishing of other tangible personal property and that the equipment was never before used by its owner for any purpose in Indiana. The signature at the end of this Petition is verification of this statement. 26. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: Name: Address: City, State, Zip Code: Telephone: Timothy D. Hernly Richard J. Deahl Barnes & Thornburg LLP 100 North Michigan, Suite 600 South Bend, IN 46601 574 -233 -1171 WHEREFORE, Petitioner requests that the Common Council of the City of South Bead, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible personal property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owners(s): G.H.S. Corporation d/b /a GHS Strings B Y• G-e�- (Signed Name) *ES ( De ,� -r- (Typed or printed name and capacity of signor if signed by an agent or representative of the owner) Dated: EXHIBIT A LEGAL DESCRIPTION OF REAL PROPERTY LOT LETTERED "C" AS SHOWN ON THE RECORDED PLAT OF OLIVE ROAD COMMERCE PARK SECTION TWO, FIRST REPLAT RECORDED JANUARY 22, 1999 AS DOCUMENT NUMBER 9903188 IN THE OFFICE OF THE RECORDER OF ST, JOSEPH COUNTY, INDIANA EXHIBIT B MAP OF PROPERTY (PLEASE SEE ATTACHED) Map of 687 Enterprise OG South Bend, IN 46628-8402 >,. � � «, Enterprise � South - � � �. /»\r <2<f #r ^ ° °! <:,4 a�i4 :2}. , `� � � � � «,> .. x �_ « «5>l *f »,. �f * « =�� �«� s2 t: ..... ,.. 1f +2 ^ ^^ IAXT400£ @ ' �� \ , OrU Rd' / ! � � [ \ K \ E . e�R # g . ` - be / e © / ƒ -k ©R f E { . , . . C e! U : . +t .r \ . k... y2 m ■ m @■t ■■ When using any driving > tens or map, it's a good idea to a amQ9 check and make sue the road still gi . watch out for construction, and Uiow all traffic. sa fetyprecautions. T sG only @ G used as y as in Ga« Am Page } of! htti-i-//m,g-ns,va.hoo.com/iint?mvt=m&ioride us&tD=I &stx=&fe & = +Rk =&dk =41.7 Sy. 11/2010 ap Output ArcIMS Viewer z Page 1 of I Legend Si. Joseph parca]s #County 1Faxa3 is ® Eikhastt#OountyBoundary St. Jaseph #County Boundwy AoftiM Pholograpi7y'#2006 Bluck and v "hite Information shown on this map is not warranted for accuracy or merchantability. Reproduction of this material is not possible ithout the written permission of the Michiana Area Council of Governments. EWiar[4Ine0r00rated Cities 8t..J090phPIncarparated G hies EIkhar€#Civil Townships St, Josep]#Civil 3acr.nships ® Eikhastt#OountyBoundary St. Jaseph #County Boundwy AoftiM Pholograpi7y'#2006 Bluck and v "hite Information shown on this map is not warranted for accuracy or merchantability. Reproduction of this material is not possible ithout the written permission of the Michiana Area Council of Governments. EXHIBIT C PHOTOGRAPHS (PLEASE SEE ATTACHED) SBDS02 RJD 412784v1 RESOLUTION NO. A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (S) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STANZ FOODSERVICE, INC. DESIGNATING ADDITIONAL PROPERTY OWNERS AS FOLLOWS: STANZ REALTY CO., LLP I-7 STANZ CHEESE CO., INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, the Common Council of the City of South Bend, Indiana, adopted a Confirmatory Resolution, No. 3896 -08, confirming the designation that certain areas within the City be an Economic Revitalization Area for the purpose of tax abatement consideration; and WHEREAS, the petitioner subsequent to adoption of the Confirming Resolution financed the intended personal property through two other operating entities: Stanz Realty Co., LLP (whose mailing address is F.O. Box 24, South Bend, IN 46624) and Stanz Cheese'Co., Inc. (whose mailing address is 1840 N. commerce Dr., South Bend, IN 46628); and WHEREAS, Stanz Realty Co., LLP and Stanz Cheese Co., Inc. are doing business as (dba) Stanz Foodservice, Inc.; and WHEREAS, Stanz Foodservice, Inc., Stanz Realty Co., LLP and Stanz Cheese Co., Inc. are wholly owned by the same three individuals; and WHEREAS, the personal property acquired is the same as what was originally contemplated in the original Statement of Benefits and tax abatement petition; and WHEREAS, the goals and objectives originally set out in the petition remain the same and the location of the personal property is the same as stated in the petition which is 1840 North Commerce Drive, South Bend, Indiana; and WHEREAS, due to accounting restrictions and tax laws Stanz Realty Co., LLP and Stanz Cheese Co., Inc. must each and individually account for and pay property taxes on the personal property they financed; 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 owners are qualified for and are granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et se q. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Co - NOF '4D -')P i Ep U1 P 1200 COUNTY-CITY BUILDING 227 W JEFFERSON Bou zvARD SOUTH BEND, INDuNA 46601 -1830 NoNp- 574/ 235-9371 FAx 5741235 -9021 TDD 574/ 235 -5567 C17Y OF SOU-M BEND STEPHEN J. LuEcn, MAYOR COMMUNITY CONOMIC DEVELOPMENT JEFFREY" V. GTBNEY EXECUTIVE DIRECTOR November 16, 2010 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for. STA.NZ FOODSERVICE, INC. Dear Council Member Rouse: On August 25, 2008, through Confirming Resolution Number 3896 -08, the Common Council approved a personal property tax abatement for Stanz Foodservice, Incorporated. Stanz Foodservice is located at 1840 North Commerce Drive. After the resolution was approved the company completed the acquisition and installation of the equipment covered by the tax abatement. However, ownership of the personal property was divided between two other entities: Stanz Realty Co., LLP (mailing address: P.O. Box 24, South Bend, IN 46624) and Stanz Cheese Co, Inc. (mailing address: 1840 N Commerce Dr., South Bend, IN 46628). Those two entities financed the acquisition of the equipment covered by the tax abatement. The two entities operate and do business as (dba) Stanz Foodservice, Incorporated. Upon completion of the project the two entities submitted deduction application forms (Form 103 -- ERA) in their own names to the St. Joseph County Assessor's Office, The Assessor's Office cannot process the forms because the Confirming Resolution is in the name of Stanz Foodservice, Inc. Stanz Realty Co., LLP and Stanz Cheese Co., Inc are doing business as Stanz Foodservice, Inc. All three entities are owned by the same three individuals, Ms. Shirley Geraghty, Mr. Mark Harman, and Mrs. Wendy Gilliam. Due to accounting restrictions Stanz Realty and Stanz Cheese must submit the deduction applications for the personal property they actually financed and own. The kinds of personal property acquired are the same as contemplated in the original Statement of Benefits (SB -1) and the tax abatement petition. The property is located at 1840 North Commerce Drive as originally called for in the petition. The goals and objectives originally set out in the petition remain the same. Ownership of the three entities remains the same as when the original Confirming Resolution was approved. The Common Council is requested to adopt a Reconfirming Resolution to include Stanz Realty Co., LLP and Stanz Cheese Co, Inc. as entities eligible to receive the benefits under the above referenced COMMUNITY DEVELOPMENT BCoNomic DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235 -9660 5741235 -9371 ELIZABETH LEONARD FAX: 574/235 -9697 574/235 -9371 South Bend Common Council RE: Tax abatement for Stanz Iw oodservice, Inc. November 16, 2010 Page 2 tax abatement. I have included a copy of the original staff report and petition for reference, The petitioner has submitted a new Statement of Benefits form and a copy of that is attached. 1 have consulted with the Council's attorney and the Assessor's Office to insure that there are no concerns with the proposed Reconfirming Resolution and found none. A representative of the Petitioner will be available to meet with the Committee on Monday, December 13, 2010. Should you or any of the other Council members have any questions concerning this report, or need additional information, please feel free to call me at 235 -5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South. Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks e ,� STATEMENT OF BENEFITS L_ FORM SBA 1 PP x* PERSONAL PROPERTY e� ,. ay, State Form 51764 (R 1 1 -015) Prescribed by the Department of Local Government Finance PRIVACY NOTICE The cost and any specific individual's salary information is confidential; the balance of the filing9 is pktb1 c record or tC 6-i.1- 12.1 -5.1 (r) and (d)- INSTRUCTIONS: 1. This statemont must be submitted to the body designating the Economic Revitali2ation Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an E=conomic Revitalization Area. Otherwise this statement must be submitted to the designating body SEFORF a person installs the new manufacturing equipment and /or research and development equipment, and/or logistical distribution equipment andlor information technology equipment 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 STATEMENT OF BENEFITS. 2. Approval of the designating body (City Council, Town Board, County Council, etc.) most he obtained prior to installation of the new manufacturing equipment andlor research and development equipment andlorlogisfical distribution equipment andlor information technology equipment, BEFORE a deduction may be approved 3. To obtain a deduction, a person must file a carrXed deduction schedule with the person's personal property return on a certified deduction schedule (Form 103 -ERA) with the township assessor of the township whero the property is situated. The 103 -ERA must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment andlor research and development equipment and/or logistical distribution equipment andlor information technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March 1 and the extended due date of that year, 4. Property owners whose Statement of Benefits w &s approved after June 30, 1991, must submit Form GF•1 1 PP annually to show compliance with the Statement of Benefits. (IC 5. The schedules established under ICS !.1 12.1 4.5(d) and (e) apply to equipment installed after March 1, 2001. For equipment installed prior to March 2, 2001, the schedules and statutes In effect at the time shall continue to apply. (IC 6- 1.1- 12.1 -4.5(p and (g)) Name of taxpayer Stanz Foodservice, Inc., Stanz Realty Co., LLCM, Stanz Cheese Co Inc. - -- - -`� -- --- _- - - - - -� Address of taxpayer (number and street, city, state. and ZIP case) 1840 N. Commerce Drive, South Bend, Indiana 46628 Name of contact person - ---^^_ .-. -.. _......,...._.- _,., -_ ..�._ �._- ..,,........ Telephone humfleY Mark Harman, President (674) 232 -6666 ■ N 2.:. LOCATION • r • OF -•P• a PROJECT Name of designating body Resolution number (s) Common Council of the City of South Bend Location of property County IDLGF Sexing d strit,l number 1840 N. Commerce Drive, South Send, Indiana 46628 �- St. Joseph 018 Description of manufacturing equipment andfar research and development equipment - FSTiMATED and/or logistical distribution equipment andlor information technology equipment. (use additional sheets if necessary) START DATE COMPLETION DATE Proposed investement in new logistical distribution equipment and manufacturing Equipment information technology equipment including, without limitation, R & D Equipment ! warehouse racking systems, fork lifts, pallet movement Logist cis! Equipment — mechanisms, GPS monitoring and tracking systems and related. 06/01/2008 05/3112010 IT Equipment 06/01/2008 05/31/2010 Current number Salaries Number retained Salaries Number additional Salaries 171 7,254,000.00 171 ? 7,250,000.04 NOTE: Pursuant to 1C &1.1- 12.1 -F.1 (d) (2) the COST of the property is canfidcntial. Current vetoes MANUFA TURING R & O EQUIPMENT EQU PARENT IT EQUIPMENT COST ASSESSED VALUE COST ASSESSED VALUE COST ASSESSED VALUE COST ASSESSED VALUE Plus estimated values of proposed project Less values of any property being replaced — I - , 70.600AD 150,06oA0 _— I Net estimated values upon completion of project P P 1 - - - 7oo,oas,00 _ c a • ; *: 160,000.00 Estimated solid waste converted (pounds) other benefits: Estimated hazardous waste converted (pounds} I heereby certify that the representations in this statement are true, 4.gnature of trrtstorized representative: �Daie signed (month, day year) w _ TPresident - 12101/2410 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 -2.5, provides for the following limitations as authorized under IC 6- 1.1- 12.1 -2. 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. Installation of new manufacturing equipment; [Dyes ❑N o 2. Installation of new research and development equipment; ❑Yes []No 3. Installation of new logistical distribution equipment. ❑Yes [IN o 4. Installation of new information technology equipment; ❑Yes ❑ N o C. The amount of deduction applicable to new manufacturing equipment is limited to $ cost with an assessed value of D. The amount of deduction applicable to new research and development equipment is limited to $ ________Y______ cost with an assessed value of $ ................. ._ E . The amount of deduction applicable to new logistical distribution equipment is limited to $ cost with an assessed value of $ F. The amount of deduction applicable to new information technology equipment is limited to $ cost with an assessed value of G. Other limitations or conditions (specify) H. The deduction for new manufacturing equipment and/or new research and development equipment and/or new logistical distribution equipment and/or new information technology equipment installed and first claimed eligible for deduction on or after July 1, 2000, is allowed for: ❑ 1 year ❑6 years "* For ERA's established prior to July 1, 2000, onl ++ a ❑2 years ED years 5 or 10 year schedule may be deducted. ❑3 years ❑8 years ❑4 years ❑ 9 years [] 5 years " ❑ 10 years ** Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved: (srgnalure and title of authorized member) by: Telephone number Designated body Date signed (month, day, year) * 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 -1,1- 12.1 -4.5 1200 Cou ry -CITE BLITI)IM: 227 W ]EFFER_SON BOULEVARD SOL!FH BEND, INDIANA 46601 -1830 Iliio4E 5741235-9-3-7) Fxx 5741235 -9021 TDD 57412'35 -5567 CITY OF Sou'rH BEND STEPHEN J. LFFCKF, MAYOK COMMUNITY COMMUNITY& EC®NOMic DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DiRF.CTOR July 10, 2008 Council Member Derek D. Dieter, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: Stanz Foodservice, Inc. Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a personal property tax abatement petition for the above - referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The purposed project consists of the acquisition and installation of new logistical distribution and information technology equipment, including without limitation, warehouse racking systems, fork lifts, pallet movement mechanisms, GPS monitoring and tracking systems and related systems for use in Stanz's fWl line food service distribution business. The business is located at 1840 North Commerce Drive. The report contains the Department's findings relative to the above petition. The entire cost for the proposed project is estimated between $300,000 to $700,000 for logistical distribution equipment and between $50,000 and $150,000 for information technology equipment. The project meets the qualifications for a (5) five-year personal property tax abatement and a representative from Stanz Foodservice will be available to meet with the Committee on Monday, July 28, 2008. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney COMNLIINf'LY DBvF.Loi- ,mFN "r EcoNomic DWE-LOPMENT FINANCIAL & PROCRAM PAMELA C. MErh.c Lloy.o.r, F. N,[: MANA61:MENT 5?41.�.35 -9660 W412i5 -9371 EJIZAUEr�f LF.o,farrF� FAX: S74/2.3i -9697 iX00C( \TI- CIS "ikrE DIN(I 227 W. JF.rFFRSuN ROL,IEVARD SOUTii BEND, 11NOIaNA 46601 -1830 I}il tii: 774/ 235 -99371 Fax 574/ 235 -9021 TDD 574/ 235 -5767 l)F Snum BENZ] STENIFN J. LUB,KE, COMMUNITY $Z ECONOMIC DEVELOPMENT JEFF-PEY V. GIBNFY EXECiTw1 . DIRECTOR T0: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: STANZ FOODSERVICE, INC. DATE: July 10, 2008 On July 8, 2008, a petition for personal property tax abatement consideration for property located at 1840 North Commerce Drive was filed with the City Clerk by Stanz Foodservice, Incorporated. Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY Stanz Foodservice is a full -line, food service distribution business. Stanz uses its warehouse and distribution facility to store dry, refrigerated, and frozen goods to facilitate the transfer and delivery of such goods to customers throughout Northern Indiana and Southern Michigan. The purposed project consists of the acquisition and installation of new logistical distribution and information technology equipment, including without limitation, warehouse racking systems, fork lifts, pallet movement mechanisms, GPS monitoring and tracking systems and related systems for use in Stanz's full line food service distribution business. This equipment will complement Stanz's investment in real estate improvements and its commitment to growing its distribution headquarters and business in south Bend. The entire cost for the proposed project is estimated between $300,000 to $700,000 for logistical distribution equipment and between $50,000 and $150,000 for information technology equipment. COMMIWrll' DENTIOPMEN'I' ECONOMIC. Dfw.i,oPhfFN'I FINANCIAL & PROGRAM PAM FlA C. MEY� R IJciou) I:. I R. NIAIvAI;NMENI 5741235 -96(W 574!235 -997} IfifanaETH U01,iar- F.kx: 574/235-9697 57411 f5- '), ;71 South Bend Common Council RE: Tax Abatement for Stariz Foodservice, Incorporated July 10, 2008 Page 2 Total taxes to be abated during the (5) five -year abatement period are estimated at $ X41 ` *. Total taxes to be paid during the (5) five -year abatement period are estimated at $1 3 1.Z' *. EMPLOYMENT IMPACT Per the petition, it is estimated that the project, by itself, will not create additional full -time and part -time permanent jobs within the first year of the project, but will enable Stanz to maintain 162 existing permanent full -time jabs and 9 existing permanent part-time jobs with an annual payroll of $7,251,439, including existing permanent full -time minority employment of 12 positions. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has been granted or associated with two (2) previous tax abatements and has one pending from last year. Term/Typ Resolution No. Date 7 -year real property pending 5 -year real property 3463 -05 5/23/2005 5 -year real property 1301 -85 6/24/1985 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for personal property tax deduction must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year personal property tax abatement under Section 2 -84.2, Tangible Personal Property Tax Abatement. *All of the information required to calculate the estimated amount of taxes to be abated and paid was not available in time to meet the deadline for submitting this report. The estimates will be provided at the Community and Economic Development Committee meeting on July 28, 2008. ** This petition was approved by the Redevelopment Commission by Resolution No. 2327 on April 20, 2007. The Declaratory Resolution (No. 3740 -07) was approved by the Common Council on April 23, 2007. STATEMENT OF BENEFITS FORM SB -1 / PP PERSONAL PROPERTY L State Form 51764 tR i 1 -06) !-- PRIVACY NOTICE Prescribed by the Department of Local Government Finance ` Tha cost and any specific �ndnndual's salary infcrmalion is confdeOa3, the balance of the fiiing is public record per IC 6 -1 -1- 12.1 -5.1 (c) and (d). INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and/or research and development equipment, and/or logistical distribution equipment and /or information technology equipment 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 STATEMENT OF BENEFITS. (IC 6 -1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to installation of the new manufacturing equipment andlar research and development equipment and/or logistical distribution equipment and /or information technology equipment, BEFORE a deduction may be approved. 3. To obtain a deduction, a person must file a certified deduction schedule with the person's personal property return on a certified deduction schedule (Form 103 - ERA) with the .township assessor of the township where the property is situated. The 103 -ERA must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment and /or research and development equipment and/or logistical distribution equipment and/or information technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March t and the extended due dale of that year. 4. Property owners whose Statement of Benefits was approved alter June 30, 1991, must submit Form CF -1 / PP annually to show compliance with the Statement of Benefits. fIC61.1- i2.1 -5.6) 5. The schedules established under IC 6- 1,1 -12. f -4.5 (d) and (e) apply to equipment installed after equipment installed prior to March Z 2001, the schedules and statutes in effect at the time shall continue to app ar�d.1�)l+lta Name of taxpayer 5tanz Foodservice,fnc. Address of taxpayer (number and street, city, state and ZIP code) 1840 N. Commerce Drive, South Bend, Indiana 4662$ Name of contact person ^` phone number LI Mark Harman, President (574) 235 -8524 s a e rr r E- r-'s Name of designating body Resolution number(s) Common Council of the City of South Bend Location of property County DLGF taxing district number 1840 N. Commerce Drive. South Bend, Indiana St. Joseph 018 Description of manufacturing equipment and/or research and development equipment ESTIMATED and/or logistical distribution equipment and/or information technology equipment Start Date Comp3etion Date (use additional sheets if necessary) Manufacturing Equipment Proposed investment in new logistical distribution equipment and information technology equipment including, without limitation, warehouse racking systems, R 8 D Equipment fork lifts, pallet movement mechanisms, GPS monitoring and tracking systems and tune, 2008 May, 2010 related systems. Logist DO Equipment IT Equipment June, 2008 May, 2010 Current number Salaries Number retained Salaries Number additional Salaries 171 17,250,000 171 - $7,250,000 N/A N/A NOTE: Pursuant to IC 6 -1.1- 12.1- 5.1(d)(2) the MANUFACTURING R & D EQUIPMENT LOG IST DIST IT EQUIPMENT EQUIPMENT EQUIPMENT COST of the property is confidential. Assessed Cot Assessed Assessed cost Value Cost Value st Value Cost Value Current values NIA NIA NiA N/A Plus estimated values of proposed project - 304 -700K Reg. 16 - 50 -150K Reg 16 Less values of any property being replaced NIA N/A NIA NIA Net estimated values upon completimiof project - 300 -700K Reg. 16 - 50 -150K Reg 16 Wng r - r r R r® •® >s Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other Benefits: s +� i hereby certify that the representations in this statement are true. S' not of auth9jrized representative jTille Date signed (month, day, year) % �L�� Mark Harman, Pres +dent May 21, 2008 We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the genera) standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6- 1.1- 12.1 -2.5, pro- vides for the following limitations as authorized under IC 6 -1.1- 12.1 -2. 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. Installation of new manufacturing equipment; ❑ Yes ❑ No 2. Installation of new research and development equipment; ❑ Yes ❑ No 3. Installation of new logistical distribution equipment. ❑ Yes ❑ No 4, Installation of new information technology equipment; ❑ Yes ❑ No C. The amount of deduction applicable to new manufacturing equipment is limited to $ cost with an assessed value of $ D. The amount of deduction applicable to new research and development equipment is limited to $ cost with an assessed value of $ E,.The amount of deduction applicable to new logistical distribution equipment is limited to $ cost with an assessed value of $ F. The amount of deduction applicable to new information technology equipment is limited to $ cost with an assessed value of $ G. Other limitations or conditions (specify) H. The deduction for new manufacturing equipment and /or new research and development equipment and/or new logistical distribution equipment and /or new information technology equipment installed and first claimed eligible for deduction on or after July 1, 2000 is allowed for; ❑ 1 year ❑ 6 years For ERA's established prior to July 1, 2000, only a ❑ 2 years ❑ 7 years 5 or 10 year schedule may be deducted. ❑ 3 years ❑ 8 years ❑ 4 years ❑ 9 years © 5 years 10 years Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved: (signature and title of authorized member) Telephone number Date signed fmonth, day, year) Attested by: 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 )C 6 -1.1- 12.14.5. iNOSoi US 694433v2 CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERA'T'ION The undersigned owner(s) of new manufacturing equipment, personal property, located within the City of South Bend, hereby petitions the Common Council of the City of South Bend for personal property (new manufacturing equipment) tax abatement consideration and pursuant to I.C. 6- 1.1 -12. 1 -1 et seq., and South Bend Municipal Code Section 2 -84.2 et seg., for this petition states the following: Describe the proposed project, including information about the new manufacturing equipment personal property ( "equipment ") to be installed, the amount of land to be used, if any, the proposed use of the equipment, and a general statement as to the value of the project to your business. This proposed project consists of the acquisition and installation of new logistical distribution and information technology equipment, including without limitation, warehouse racking systems, fork lifts, pallet movement mechanisms, GPS monitoring and trackin systems and related systems, for use in Stanz's full line food service distribution business. This equipment will complement Stanz's investment in real estate improvements and its commitment to growing its distribution_ headquarters and business in South Bend. The entire cost for this proposed investment is estimated to be between $300,000 to $700,000 for lo¢zstical distribution equipment and between $50,000 and $150,000 for information technolo e ui ment. This investment complements the substantial investment Stanz is making in new real estate construction and rehabilitation at Stanz's primary warehouse and distribution facility located at 1840 N. Commerce Drive in South Bend. This project, itself, will not create additional full -time and part-time permanent jobs within the first year, but will enable Stanz to maintain 162 existing permanent full -time jobs and 9 existing permanent part-time jobs with an annual payroll of $7,251,439, including existing permanent full -time minority employment of 12 positions. 3. Estimate the cost of the Equipment: Stanz estimates that the cost of the new equipment will be between $300,000 and $700,000 for logistical distribution equipment and between $50,000 and $150,000 in information technology equipment. 4. (a) The Equipment is owned or to be owned by the following individuals or corporations (if the business organization is publicly -held, indicate also the name of the corporate parent, if any, and the name under which the corporation has fled with the Securities and Exchange Commission): Name Address Interest Stanz Foodservice Inc. 1840 N. Commerce Drive Owner South Bend Indiana 46628 (b) The following other persons lease, intend to lease, or have an option to buy this equipment (include corporate information as required in (4)(a) above, if applicable): NAME ADDRESS INTEREST None N/A N/A Give a brief description of the overall nature of the business and of the operations occurring at the location for which tax abatement is requested: Stanz is a full line food service distribution business which serves customer within a 100 -120 mile radius of South Bend. Stanz uses its warehouse and distribution facility to store dry, refs p grated and frozen goods and to facilitate the transfer and delively of such goods to customers throughout Northern Indiana and Southern Michi a 6. The commonly known address of the property where the Equipment is located is: 1840 N. Commerce Drive 7. The Key Numbers) of said property is: 18- 2183- 688604,_18-2183-6832,18-2183-6834,18- 2183-6838 18 -2183 -6840 18- 2183 -6842 18- 2183 -6844 and 18 -2183- 688607 Attach the legal description of the property where the equipment is to be located, marked "Exhibit A," and is hereby incorporated herein. Please see Exhibit "A" attached hereto and made a part hereof. 9. Attach a map and /or plat describing the property where the equipment is to be located, marked "Exhibit B," and is hereby incorporated herein. Please see Exhibit "B" attached hereto and made a part hereof. 10. Attach photographs of the property, taken within 30 days of filing of this petition, marked "Exhibit C," and hereby incorporated herein. Please see Exhibit "C" attached hereto and made a part hereof. 11, The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment $ None -2- 12. The current use of the real property where the Equipment will be installed is warehouse /distribution, and the current zoning is "Ll" Light Industrial as established by City of South Bend Zoning Ordinance. (This information may be obtained from the Building Department 235 - 9553.) 13. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES PERSONAL PROPERTY 'TAXES 2007 $66,279,10 $31,339.00 2006 $39,347.00 $147,587.52 2005 $36,948.96 $130,713.80 _ 2004 $37,587.88 $133,207.23 2003 $35,391.53 $111,281.70 (This information maybe obtained from the St. Joseph County Treasurer's office 235 - 9531.) 14. Describe the commitment made within the past five years by your firm to hiring minority individuals, including number of minorities employed during each of the past five years, specifying whether full time or part-time and whether permanent of temporary employees. The Petitioner shall also list the current number of total employees (full and part-time) and the current number of minority individuals (full and part- time). Year Total Minority Minority Minority Employees Total Full -Time Part - Time 2007 168 13 12 0 2006 166 12 12 0 2005 169 10 8 2 2004 162 13 lI 2 2003 172 13 13 0 15. Describe on -site child care of day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. None. 16. What is your best estimate of the market value of the new Equipment after installation? $350,000-$800,000 - 3 - 17. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? Estimate calculated based on $600,000 investment Year Estimated Dollar Amount $7,200 2 $ 8,064 3 $4,536 4 $2,304 5 $1,080 18. What is the commitment your firm will make to minority employment during the five years of tax abatement? Stanz Poodservice Inc. is an equal opportunity employer. Employment decisions are based on merit and business needs, and have not been based on race color, citizenship status, national origin, gender, age, religion, physical or menial_ disability, veteran status, or any other factor protected by law. Stanz is however, committed to continuing to follow affirmative action measures during the next five years to attract minority candidates. Rather than relyi,ngon walk -in traffic for the apolicantpool, Stanz will advertise in local newspapers and increase its use of employment agencies _to_ attract minority candidates, Continued expansion of the recruitment methods is intended to increase Stang' applicant pool and facilitate the selection of qualified minority candidates for open positions at Stang, including from applicants who may reside in targeted census tracts surrounding the South Bend Airport Industrial Park. 19. The Equipment has not been installed as of the date of filing of this petition. The signature at the end of this Petition is verification of this statement. 20. The standard Industrial Classification Manual major group within which the proposed project would be classified, by number and description: 4244: GEgLery and Related Product Wholesaler /424410 General Line Groce 21, The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 424400 - Merchant Wholesale Non - Durable Goods)/Grocea and Related Products 22. The real property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: South Bend Airport Industrial Park 23. Other anticipated public financing for the project including, if any, industrial revenue - bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business M Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and the St. Joseph County, Indiana; or other public financial assistance, including but not limited to public works improvements. None. 24. Describe how and why the manufacturing equipment to be replaced or the facility in which Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues: This investment in personal property complements Stanz's substantial investment in new real estate construction and rehabilitation, all of which are designed to increase Stanz's Rerating efficiencies as a full -line food distributor. This total project includes Stanz's effort to (a) increase the size of its warehouse and distribution facility, (b) enhance operating efficiencies thLough new cold /freezer warehouse technolo and c accommodate growth in its full line goceEy warehouse and distribution business. 25. The new manufacturing equipment is logistical distribution equipment, information technology equipment and/or will be used in the direct production, manufacture, fabrication, assembly, extraction, mining, processing, refining, or finishing of other tangible personal property and that the equipment was never before used by its owner for any purpose in Indiana. The signature at the end of this Petition is verification of this statement. 26. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: Name: Timothy D. Hernly Richard J. Deahl Address: Barnes & Thornburg LLP 100 North Michigan, Suite 600 City, State, Zip Code: South Bend, IN 46601 Telephone: 574- 233 -1171 -5- WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible personal property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required 5250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owners (s): STANZ FOODSERVICE INC. By: Mark Harman, President Dated: May 21, 2008 €s — -0 ME i . EXHIBIT A STANZ FOODSERVICE, INC. LEGAL DESCRIPTION OF REAL PROPERTY EXHIBIT A LEGAL DESCRIPTION OF PROPERTY j c, PARCEL. L A tract of land in the Southwest Quarter of Section 33, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 90 °00'000° West on and along the North line of the Southwest Quarter of said Section 33 a distance of 679.78 feet; thence South 00 °42'05" West a distance of 9.01 feet to an iron at the Southwest corner of Progress Drive and Maplewood Avenue; thence South 00 °42'05" West on and along the West line of Maplewood Avenue a distance of 399.39 feet to the true place of beginning; thence South 00 °42'05" West on and along the West line of Maplewood Avenue a distance of 409.85 feet; thence South 89 °30'39" West a distance of 434.08 feet to the East line of Commerce Drive; thence North 00 129'21 " West on and along the East line of Commerce Drive a distance of 409.85 feet: thence North 89 °30'39" East a distance of 442.55 feet to the true place of beginning. Said tract being Lot Number 21 of the Airport Industrial Park, Phase II. PARCEL II: Lots Numbered Twenty -eight (28), Twenty -nine (29), Thirty (30) and Thirty -one (3 1) as shown on the recorded Plat on the recorded Plat of Post Place, recorded August 21, 1912 in Plat Book 9, page 142 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL III: A tract of land in the Southwest Quarter of Section 33, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 90 °00'00" West on and along the North line of said Southwest Quarter of Section 33 a distance of 679,78 feet; thence South 00 °42'05" West a distance of 9.01 feet to an iron at the Southwest comer of Progress Drive and Maplewood Avenue, said point being the true place of beginning; thence South 90 °00'00" West on and along the South line of said Progress Drive, a distance of 450.98 feet to an iron on the East line of Commerce Drive; thence South 00 °29'21" East on and along the East line of Commerce Drive, a distance of 403.15 feet to an iron; thence North 89 °30'39" East a distance of 442.55 feet to an iron on the West line of Maplewood Avenue; thence North 00 °42'05" East on and along the West line of Maplewood Avenue a distance of 399.39 feet to the place of beginning. Said tract being Lot Numbered 22 of the Airport Industrial Park Phase 2. ALSO, a portion of Maplewood Avenue vacated by the City of South Bend, Indiana, pursuant to Vacation Resolution No. 3466 (1977), which portion is more particularly described as follows: A portion of Maplewood Avenue, beginning at the South right -of way line of Progress Drive and the East right -of- -way line of Maplewood Avenue, South 345 feet to the Southwest corner of Lot 27 in Post Place Addition; thence West 50 feet; thence North 345 feet; thence East 50 feet to the place of beginning. 7- 1 HL ArdMS ViewerINI Exj ' -b- , — - Legend St. JoEaph Pa rcfa !----#County Parcels 1:3 Elkhjrl41nwqdzjralvd CiWs ® St. Ja&,aph#lnwrpji_utad Cili-as EkhaFWCivil Townships St. Jaseph#Chiil Townships ElkharWCounty BounJary St. Jos-jphgCounly Boundary Aerial Phrik3graphy-420+36 Information shown on this map is not warranted for accuracy or merchantability. Reproduction of this material is not possible without the tten vermission of the Michiana Area Council of Governments. -ittp:,','www.niaeoggis.coiTt,'arcimsylims'.'ServiceNai-ne=MACOGOvei-viewMap&ClientVersion=4.0&Form=,.- 7/8/2008 —I— . — . Yahoo! Maps - 1840 Commerce Dr, South Bend, A1300! Local IN 46628 -1563 ""`: l.athrt3pSt l.athruV'�t �!'" When rising ally d wing rfire,:tions ur nia;3, a good ![!ea to do a reality check and make sure t�Ie road still exists, ,witch out for ronstnirtion, and foifov,, au tra`ric safety precautions, This is on:y to be used as an aid in planning. http: / /maps.yahoo.com/print ?ard= ] &v3= 0 &.1nt1= us & &mvt =m &tp =1 &stx= &c1at= 41.598927 &c1on... 7/9/2008 Retp'a�r�Air�� South Pend T. Rxg`o f A.:rpit Nit; St C SIM C r 1�1s:titGktt l' �WC� �.� t7 � it o iroade Vt:c & Or Keilsr r ° p KtAferSt Keller lid X Lynn C r" � �lW4pd a V% Eltircred r w` EG! sOn Rd w LU Ave :r - i Ave z a (a III cull St E r way 1 m G iUr {!f3 so e a rove G �( ranrw�,y T.flms %,,Yshoo2()W D &tar:NAVT£Q2068 When rising ally d wing rfire,:tions ur nia;3, a good ![!ea to do a reality check and make sure t�Ie road still exists, ,witch out for ronstnirtion, and foifov,, au tra`ric safety precautions, This is on:y to be used as an aid in planning. http: / /maps.yahoo.com/print ?ard= ] &v3= 0 &.1nt1= us & &mvt =m &tp =1 &stx= &c1at= 41.598927 &c1on... 7/9/2008 G � t | � \. � \ � ' � •: � d\ . ;\ �_ \» Ael \\ 1200 County -City BWding, 227 West Jefferson, South Bend, lndlana 46601.1830 *Phone 574/235 -9371 *Fax 574/235 -9021 To: South Bend Common Council From: Bob Mathial Subject: Stanz Foodservice Petition for Personal Property Tax Abatement Date: July 17, 2008 Due to insufficient information and deadlines at the time of preparation, the report for the subject tax abatement petition did not contain the estimated amount of property tax to be abated and paid during the five -year term of the abatement. The necessary information has since been received and the estimates are provided below and in the attached tables. Total taxes to be abated during the (5) five-year abatement period are estimated at $16,119. Total taxes to be paid during the (5) five -year abatement period are estimated at $136,325 MemoToCommon Council.7.17.08 Wh8t We 00 roday Makes A Difference P o a 0 0 O 0 N N y 0) 0 W r- LO N (D -. 00 to M O C' M W 7 N co O � 40 M N Z (OJ O NO N00N E°tS�- to Pm U N co It Q) M O co r e-- N a0 ± }N�© v M N OHO 4] Cl) N N LO CO U a-, NTrtoO� ccoimco z x cv O O CD 0 00 (D c7 W tp c1 N O L N O Cl) N cc et (D Q) O t+ } N LO co in m (D N [DO �¢O O0 Nr Ln v c to CD So °�rn°OO°rn NOd' �N o N O LO L 0 c0 N o to 0 l( ) `O co (D M N o 00 O N � N V' 00 I, jLn N M N 00 N knri LO ce) Q: N N N 0p L N d 0 M Cl) Q-� 'C' to Lo v -W N co co ai o N N N N N N Nj Lr) Lo (D ce) O rFl- 0f-M Q co v` Ci O � 40 M N Z (OJ LO N (D r 00 N MN E°tS�- OrpOCri N In cc U N N co N m 0 N a0 Q LO U v r CO Lot 4] Cl) N N LO CO U a-, NTrtoO� ccoimco z x cv O O CD 0 00 (D c7 NNN GL`F- NNN. =r v W 5 (i5 r r r r- x L v U N y x 2� L m Q) CO y rE < CLC Q to y v Q coZ p [1 U x' �UZ ® C 0 �pUOU O7 LL L1 3 1� ss ia a. 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Q �E O O � U C OS F E � 3 LLIHQQ ('16) g z 2 a w- ors ao N t- Cnr- coan CO W o0000 m CO uj 4i kn CCDt- N �t _= � MVMNN cl Cp O • r: U') ov O 69 64 69 6g 64 NNC+ichm 0 CD 0 D oC3aOo r CDC7O0C7 rn c x m H e- e- r- r .•- o) m CA C) OS ti � A C 9 QY Cr7 N N m C) CJ) CA O7 CA i J U� It C'7 N OQOOC7 N N N N N b9 (:, �10C2 D r 69 OD ti r- CA Cf) In to iD � M CU Ct (D r~ if] ELI 69 64 E9 64 N Fts �(Dl LO LOmCDao v CQ en W 0 w 0 cc to r— q; vi : cflj Q 6r4 � fly ER 69 'W w, oovao oaowNrN ►�oocflv a� tnNVNO c7 cO Csi u'7 C � a) CU u)raNOf Ln �� ACV -• ti N — CD Cb CO 0 I%-0NU)Nr 0 V7 0 to r CO CO N _ 61%09.60 6$ a N C0 v co CA r- v LO m o o �(pCrltiM0 r �gGq C7 6996 ��- I 4) r-N M vLO tU } morn rn G C C) to v C14 r C N 1U m� m Q Q �Q � � C `p p � p oaa �-- �-- i- fC fII (d 0 9 0 N Q1 x m c SO y E � U w r ac`s° x N w o = CL U m � eC E m =ro 3 m L x j U @ N � N j y � N � t y ocaaoo C7000C) W o0000 W CCDt- N �t _= � MVMNN vim! a 69 64 69 6g 64 0 CD 0 D oC3aOo r CDC7O0C7 Qco�Nv M v t- U') ti 0 Cif C 9 QY Cr7 N N } 69 69 64 69 69 U� It C'7 N OQOOC7 4) r-N M vLO tU } morn rn G C C) to v C14 r C N 1U m� m Q Q �Q � � C `p p � p oaa �-- �-- i- fC fII (d 0 9 0 N Q1 x m c SO y E � U w r ac`s° x N w o = CL U m � eC E m =ro 3 m L x j U @ N � N j y � N � t y Stanz Foodservice Comparison of Taxes Abated & Paid Before HEA 1001 & After 1001 Existing AV 520.970 New Project Cost 850,000 New Project AV 340,000 Before HEA 1001 New Combined Net Existing Project Existing Tax Tax Year Taxes Taxes & New Taxes Abated Paid 1 23,991 15,657 39,649 15,657 23,991 2 23,991 21,920 45,912 17,536 28,375 3 23,991 16,440 40,432 9,864 30,568 4 23,991 12,526 36,517 5,010 31,507 5 23,991 9,394 33,386 1,879 31,507 Totals 1.19,957 75,939 195,896 49,947 145,948 After HEA 1001 New Combined Net Existing Project Existing Tax Tax Year Taxes Taxes & New Taxes Abated Paid 1 18,482 12,062 30,545 8,135 22,410 2 18,482 12,807 31,290 4,785 26,505 3 18,482 12,155 30,638 2,086 28,552 4 18,482 11,690 30,172 743 29,430 5 18,482 11,317 29,800 370 29,430 Totals 92,412 60,032 152,444 16,119 136,325 1200 COUNTY, Q- tyBmLDINIG 227W. JEFFERSON BOULEVARD Sou H BEND, INDIANA 46601 -1830 Nam;, 574/ 235 -9371 FAX 5741235 -9021 TDD 5741235 -5567 C1Ty ox Sou*m BEND STEPHEN J, LuEcu, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V GIBNEY ExECUT1v5 DipEcron December 8, 2010 South Bend Common Council Fourth Floor Council Chambers 400 County -City Building South Bend, IN 46601 Dear Council Member: The attached Ordinance for your consideration would allow for the amendment of the South Bend Central Development Area Development Plan to add two parcels to the Acquisition List. These two parcels represent the parking garage in the 1st Source /Marriott building. Under a Memorandum of Understanding previously supplied to the Common Council, Redevelopment's acquisition of the parking garage will result in retaining 15t Source Corporation and an upper upscale hotel in the downtown. These two businesses employ almost 700 people in South Bend. In addition, a total of $14 million (including the $6.5 million garage purchase price) will be invested in the bank, hotel and atrium. Please call me at 235 -9339 if you have any questions. 1 will attend your December 13th meeting and be available to answer questions then as well. Dick Nussbaum, an attorney representing the City, will make the presentation of this bill. I lr y, d E. Inks Director Economic Development cc: Jeff Gibney -jr lrSTy COMMUNM DEVELOPMENT EcoNOMIC REVELMENT FINANCIAL & PROGRAM PAI4ELAC. Mryot Do,.ALQ E. INKS MANAGEML•NT 574/235 -9560 574/235 -9371 );LIZA0£TH LEONAU L}Y, FAX: 5741235 -9697 574/235 -9371 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE SOUTH BEND CENTRAL DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission "), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36 -7 -14 (the "Act "), approved and adopted a resolution, a copy of which is attached hereto as Exhibit A, (the "Declaratory Resolution "), amending the acquisition list in the South Bend Central Development Area Development Plan (the "Plan ") for the South Bend Central Development Area (the "Area ") and amendirg the South Bend Central Development Area Development Plan (the "Plan Amendment"'; and , WHEREAS, the Plan Amendment calls for the addition of interests in various parcels located within the Area, to the Acquisition List contained within the Plan; and WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission "), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the "City "), approved and adopted a resolution, a copy of which is attached hereto as Exhibit B, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the Flan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the "Plan Commission Order "); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan'Commission Order is approved by the municipal legislative body of the City; and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission 1p proceed with the redevelopment of the Area; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: I , The Plan Commission Order attached hereto is in all respects hereby approved, ratified and confirmed. . 2. This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City and compliance with procedures required by law, ' PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this _ day of December, 2010. Attest: City Clerk COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA By: — Member of the Common Council L Exhibit A (Declaratory Resolution of the Redevelopment Commission) Exhibit B (Plan Commission Order) RESOLUTION NO. 213-10 RESOLUTION OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA AND ADDING AN INTEREST IN ONE OR MORE PARCELS TO THE LIST OF PARCELS, TO BE ACQUIRED WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission "), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana (the "City "); and WHEREAS, the South Bend Redevelopment Commission (the "Commission "), is the governing body of the South Bend Department of Redevelopment (the "Department "): and WHEREAS, on December 3, 2010, the Commission approved and adopted its Resolution No. 2812 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA AND ADDING AN INTEREST IN ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED" (the "Declaratory Resolution "); and WHEREAS, the Declaratory Resolution amends the acquisition list contained in the South Bend Central Development Area Development Plan (the "PIan ") for the South Bend Central Development Area (the "Area "), identifies interests in parcels Iocated within the Area as necessary for the implementation of the Plan and adopts an amendment to the Plan (Exhibit A to the Declaratory Resolution) (the "Plan Amendment "); and WHEREAS, the Commission has submitted the Declaratory Resolution to the Plan Commission for approval pursuant to the provisions of Indiana Code 36 -7 -14 (the "Act "); and WHEREAS, pursuant to the provisions to the Act, the Plan Commission desires to issue its written order approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution; NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area Plan Commission, as follows: 1. The Declaratory Resolution and the Plan, as amended by the Declaratory Resolution, each conform to the plan of development for the City. 2. The Declaratory Resolution and Plan Amendment are in all respects approved, ratified and confirmed. 3. This Resolution is hereby designated as and constitutes the written order of the Area Plan Commission approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution, pursuant to the requirements of Section 16 of the Act. 4, The Secretary of the Area Plan Commission is hereby directed to forward a copy of this Resolution together with the Declaratory Resolution to the South Bend City Common Council for its consideration. 5. The Secretary is hereby. directed to file a copy of said Declaratory Resolution with the minutes of this meeting. APPROVED, ADOPTED AND ISSUED by the St. Joseph County Area Plan Commission this 7th day of December, 2010. ST. JOSEPH COUNTY AREA PLAN COMMISSION ATTEST: �. F Igo `' RESOLUTION NO. 2812 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA AND ADDING AN INTEREST IN ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the South Bend Redevelopment Commission ( "Commission "), governing body of the City of South Bend Department of Redevelopment ( "Department "), on May 10, 1985, adopted Resolution No. 737 declaring the South Bend Central Development Area ( "Area ") in the City of South Bend, Indiana ( "City ") to be a blighted area within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, I.C. 36 -7 -14 ( "Act "); and WHEREAS, Resolution No. 737 and the South Bend Central Development Area Development Plan ( "Development Plan ") adopted by Resolution No. 737 on May 10, 1985, were confirmed by Resolution No. 739 adopted on June 14, 1985; and WHEREAS, Resolution No. 737 was amended by Resolution No. 745, adopted on August 9, 1985 and confirmed by Resolution No. 750, adopted on September 30, 1985; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 751, adopted on November 8, 1985 and confirmed by Resolution No. 757, adopted December 20, 1985; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 795, adopted on February 27, 1987, and confirmed by Resolution No. 798, adopted on April 10, 1987; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 800, adopted on April 24, 1987, and confirmed by Resolution No. 803, adopted on June 26, 1987; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 834, adopted on March 11, 1988 and confirmed by Resolution No. 836, adopted on April 15, 1988, and said resolutions expanded the South Bend Central Development Area by adding Expansion Area No. 1; and WHEREAS, Resolution No. 737 was further amended by Resolution No, 867, adopted on February 10, 1989, and confirmed by Resolution No. 874, adopted on March 24, 1989; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 881, adopted on July 28, 1989; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 893, adopted on October 27, 1989 and said Resolution No. 893 expanded the South Bend Central Development Area by adding Expansion Area No. 2 and Expansion Area No. 3; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 921 adopted on March 23, 1990; and WHEREAS, Resolution No. 737 was further amended by Substitute Resolution No. 944 adopted on July 27, 1990; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 974 adopted on January 25, 1991; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1019 adopted on October 11, 1991; and WHEREAS, Resolution No. 737 was further amended by Resolution No, 1077 adopted on July 24, 1992; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1205 adopted on January 4, 1994; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1284 adopted on September 2,1994; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1547 adopted on November 21, 1997; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1 559 adopted on December 19,1997; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1562 adopted on February 24, 1998; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1723 adopted on December 17,1999; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1737 adopted on February 18, 2000 and said Resolution No. 1737 expanded the South Bend Central Development Area by adding Expansion Area No. 4; WHEREAS, Resolution No. 737 was further amended by Resolution No. I758 adopted on July 7, 2000: and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1783 adopted on August 4, 2000; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1843 adopted 2 on September 7, 2001; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1901 adopted on September 6, 2002; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1922 adopted on December 6, 2002; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1952 adopted on March 7, 2003; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1973 adopted on June 6, 2003; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2001 adopted on October 3, 2003; and said Resolution No. 2001 expanded the South Bend Central Development Area by adding Expansion Area No. 5; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2014 adopted on November 17, 2003; and said Resolution No. 2014 expanded the South Bend Central Development Area by adding Expansion Area No. 6; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2015 adopted on December 19, 2003; and said Resolution No. 2015 contracted the South Bend Central Development Area by removing Reduction Area No. 1; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2105 adopted on November 5, 2004; and said Resolution No. 2105 expanded the South Bend Central Development Area by adding Expansion Area No. 7; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2145 adopted on March 4, 2005; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2185 adopted on October 7, 2005; and WHEREAS, Resolution No, 737 was further amended by Resolution No, 2192 adopted on December 2, 2005; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2328 adopted on May 18, 2007; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2374 adopted on July 7, 2004; and 3 WHEREAS, Resolution No. 737 was further amended by Resolution No. 2355 adopted on November 2, 2007; and said Resolution. No. 2385 expanded the South Bend Central Development Area by adding Expansion Area No. 8; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2425 adopted on January 18, 2008; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2441 adopted on March 28, 2008; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2467 adopted on July 18, 2008; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2595 adopted on August 21, 2009; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2666 adopted on April 9, 2010; and WHEREAS, the Development Plan includes a list of interests in parcels of property to be acquired; and WHEREAS, it is necessary to modify the list of interests in parcels of property to be acquired by adding additional interests in parcels of property to the acquisition list; and WHEREAS, the Commission previously adopted the Development Plan and now desires to amend the Development Plan to provide for the acquisition of interests in the parcels of property set forth in Exhibit A; and WHEREAS, on June 5, 2009, the Commission authorized the Department to conduct surveys, appraisals and investigations and to thoroughly study the South Bend Central Development Area within the City; and WHEREAS, pursuant to the Act, the Department has conducted surveys and investigations and has thoroughly studied the South Bend Central Development Area and the Development Plan; and WHEREAS, upon such surveys, appraisals, investigations and studies having been made, the Commission finds that the Plan Amendment cannot be achieved by regulatory processes or by the ordinary operations of private enterprise without resort to the powers allowed under the Act and that the public health and welfare will be benefited by the accomplishment of the Plan Amendment which shall include the acquisition of interests in the parcels identified in Exhibit A; and WHEREAS, the Plan Amendment conforms to other development and redevelopment 4 plans for the City, NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT, AS FOLLOWS: 1. The Commission hereby determines that to accomplish the redevelopment of the Area, it is necessary to acquire additional interests in parcels of property within the Area, as shown on Exhibit A attached hereto and incorporated herein. 2. The Commission hereby determines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment, 3, The Commission hereby determines that the accomplishment of the Plan Amendment will be of public utility and benefit as measured by: a) the attraction or retention of permanent jobs; b) an increase in the property base; C) improved diversity of the economic base; d) other similar public benefits. 4. The Commission hereby determines that the estimated cost of acquisition of the interests in parcels of property being added to the acquisition list is $ 6,500,000.00. 5. The Commission hereby determines that the Plan Amendment conforms to other development and redevelopment plans for the City. 6. The maps and plats of the South Bend Central Development Area, showing the boundaries, the location of the various parcels of property, streets, alleys and other features affecting the acquisition, clearance, replatting, replanning, rezoning or redevelopment of the Area, that are to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes under the Plan, which maps and plats were previously adopted by the Commission, are hereby confirmed by the Commission. 7. The Secretary is hereby directed to file a certified copy of said Development Plan, as amended, with the minutes of this meeting. 8. The officers of the Commission are hereby directed to submit this Resolution, together with supporting data, to the Area Plan Commission and the South Bend City Common Council, as provided by Section 16 of the Act, for the approval of this Resolution and the Plan Amendment, and if approved by both bodies, the Resolution and the Plan Amendment shall be submitted to public hearing and remonstrance as provided by Section 17 and Section 17.5 of the 5 Act and 1C 5 -3 -1 and after all required filings have been made pursuant to Section 17(b) and (c) of the Act. 9. All orders or resolutions in conflict herewith are hereby rescinded, revoked and repealed in so far as such exist. 10. This Resolution does not affect any rights or liabilities accrued, penalties incurred, offenses committed or (except as otherwise provided herein) proceedings begun before the effective date of this Resolution. 11. All other findings, determinations and conclusions in Resolution No. 737, as amended, shall remain as stated therein. 12. The United States of America is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964, as amended. (Balance of page intentionally left blank) 3 ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on December 3, 2010, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, fN 46601. ATTEST: � (kIll, /n ;gnature Nancy N. Kine. Secretary Printe ame an rt e South Bend Redevelopment Commission CITY OF SOUTH BEND, ]DEPARTMENT OF REDEVELOPMENT ignature Marcia I. .Jones President Printed ame and Title South Bend Redevelopment Commission 7 EXHIBIT A AMENDMENT TO THE SOUTH BEND CENTRAL DEVELOPMENT AREA DEVELOPMENT PLAN ACQUISITION LIST AMENDMENT Interest in Parcel # Address Common Name Owner 18-3091-347401 100 North Michigan Underground Parking 1st Source Corporation and 18-3091-347402 Street Garage Host Hotels & Resorts, L.P. CITY 6-s ORDINANCE AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CENTRE TOWNSHIP, CONTIGOUS THEREWITH;COUNCILMANIC DISTRICT NUMBER 5 Thomas W. & Jane M. Henry 61175 Miami Rd. South Bend, Indiana 46614 STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation of 8 /10� of an acre located in Centre Township, St Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St Joseph County, Indiana, being contiguous by more than one- eighth (1/8) of it's aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: SECTION IL That the boundaries of the City of South Bend, Indiana, shall be and hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III, This ordinance shall be in full force and effective 30 days from and after it's passage by the Common Council, approved by the mayor, and legal publication. MEMBER OF THE COMMON OUNCIL -1- City Clerk Presented to me to the Mayor of the City of South Bend, Indiana on the day Of , at o'clock M. City Clerk Approved and signed by me on the day of o'clock m. 9 st F'FAPF!t G Z i €UBLC E-i'MUNG 1 rd RE,,.D�NG I- )T A PPRO.V0. E`ZEFERRED PASSED Mayor, City of South Bend, Indiana Nod In Clerk's OffIGG -2. EE— JOHN v03RD CITY {;1.EM $,G. BSNT),1N. Exhibit "A" !QO v$40C 0 1Q% �4n 4-1 IV N O y O 0 —W +i V a j iz " V C .yJ .-1 {, 41 Mm•.�vv- u 0 -- rd 0 4 m !U 0 ,: 0 .� :d 4j 4 N U r C 4J v r do V N :4U n 44 V N v,y�C 16.f v O N G O p 4n Q M. r. :3 N 4 '0 0 .0 ro V 9i�� NE,���dNS~a° AQ% _— .' z m Q 00 .a 0) 044 '`1 —0 V �4 -0 `-' v 0 u (U 0 a+ 0 IM a0 I� sr zo 0 �0; a,o Q v 0 m 'r4 v 04 ¢I 3 Na w �11044 41 � M Z . o -- v� ku • - O F O go iq OCY 4 �„ p Sn — GS. A o n t y N to •.l sl (0 a, 0 , u a `VVViI �ravvto 0�di;&02o � ,I �o+aagwn,vls,wQ 3« oar L11(1E sEGT /D!/ /o( 7 -�// ,80E .r7/�J�11 .20.gp 1!®A97W TO: WATER= FlKkNCIAI, a RPMTION, AR5iTiACT AND Tr LE O]RiMTIM or ANY TITIE INAAANM UMXM&r= who insures the title to the surveyed premises as evidenced by the issuance Of a 011MIMOU FUR TrrLE INSURANCE within 30 days of the date of certification or recertifiction of this survey I, LARRY E. VANOSDOL, an Indiana. Land Surveyor hereby, certify that I have .serve „& tract of lend shown hereon for purposes and that iAIQ are no encroachments Imies l�ted "Alga eon, This survey -. pre red for use by the designated parties only for MORTGAGE purposes Flo be used to establish bounds and this +ta, 0� plain as designated an pFWid r cer thTIO tract, s G R.a n _ Certified May 20, 1987 LD E C — 2 r,i0 No. 12881 STATE Ai ���� �" , 6/AIV���6P� MORTGAGE SURVEY OF A TRACT OF LAND IN THE �/ NEk, NE4, SECTION 1, T 36 N, R 2 E, ST. AND .ASSOCIATES JOSEPH COUNTY, INDIANA 1 BUYER: THOMAS W. & JANE 0. HENRY F ISUREO l AND SOfIVEMRS ADDRESS: 61175 MIAMI ROAD SOUTH BEND, INDIANA SUITE 704 ' 120 WEST 1ASAIIE AVENUE DNAWX P aArf gee ,ra. SOUT1/ OW, lAfDIANA • 46601 LEV III = 40' 05/20/87 87394 1240 CoUN-FY -CITY BUILDING 227 W JEFFFmoN BoULEVARD SOLrm BEND, INDIANA 46601 -1830 PHONE 5741235 -9371 FAX 5741235 -9021 TDD 5741235 -5567 CITY of Sourli BEND Snpi-IEN J. LUEcKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. QBNEY EXEcuT1vE DIRECTOR � - (-�-A 03 - � �- - �6 - December 6, 2010 Derek Dieter President South Bend Common Council 400 County -City Building South Bend, Indiana 46601 Dear President Dieter: The attached ordinance for Council consideration will appropriate $276,780 in renewal funding under the Shelter Plus Care Program (SPC} in three separate renewal grants as follows: IN0087C5H000901 $ 92,820 Sept.8, 2010- Sept-7, 2011 for 13 units IN0009C5H000802 $141,120 August 1, 2010 -July 31, 2011 forl8units IN0010C5H000802 $ 42,840 August 29, 2010- August 28,2011 for 6 units The City serves as a fiscal agent and recipient of funds for the eligible agency as determined by HUD, to be the recipient of the SPC dollars. The funding allocated provides support for sponsor based rental assistance for housing severely mentally ill clients. These grants historically have been awarded to Madison Center. Earlier this year an ordinance for a Madison Center appropriation was submitted and then pulled based on the changes occurring at Madison Center. Since then, Madison Center has relinquished their status as the Community Health Center for St. Joseph County, Indiana and, has submitted written notification to HUD they can no longer continue as the sponsoring agency for SPC. The new Community Health Center designation is with Oaklawn Psychiatric Center who has submitted written notification of their willingness to be the SPC grant sponsor. Correspondence with HUD indicates the submission of these letters is sufficient to do the transfer of sponsorship and funds. Thus, the submission of this ordinance appropriating the SPC dollars to Oaklawn. Comm -uN TY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM 31 PAMELA C. MEnA DONALD F, INKS MANAGEMENT Y '� 5741235 -9660 5741235 -9371 FuZABBTH LEGRARD FAX: 5741235 -9697 574/235 -9371 Derek Dieter President South Bend Common Council December 6, 2010 Page 2 Copies of all mentioned letters and HUD correspondence are attached as part of this packet. I will be presenting this ordinance at the December 27, 2010 meeting. Please contact me with any questions prior to then. Thank you. Ssme P r Director Cc: I Rosheck, J. Gibney, G. Zientara, J. March, B. Leonard ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $276,780 WITHIN FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM STATEMENT OF PURPOSE AND INTENT In order to deliver services to seriously physically and mentally ill 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 subgrantees. The funds appropriated in this ordinance will aid in defraying the costs of housing and related services. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. The sum of $276,780 is hereby appropriated in Fund 212 and shall be administered by the Department of Community & Economic Development and its designated subgrantees as noted below: Oaklawn Psychiatric Center IN0087C5H000901 $ 92,820 (9/8/10 - 9/7/11) Scattered Site Oaklawn Psychiatric Center IN009C5H000802 $141,120 (08/l/10-7/31/11) Gateway Oaklawn Psychiatric Center TN0010C5H000802 $ 42,840 (8/29/10- 8/28/11) Perm. Hsg TOTAL $276,780 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. 0 Member of the Common Couffcil c �F Attest: City Clerk Presented to me by the Mayor of the City of South Bend, Indiana on the day of , at o'clock m. Approved and signed by me on the at o'clock m. 1"'OT APPIZOVED ;. EFHIR "D PASSED City Clerk day of 2_, Mayor, City of South Bend, Indiana n 0ifi ce 7V M Page 1 of 1 Pamela Meyer - Madison Center From: "Fox- Cunningham., Katherine" To: 'Pamela Meyer' Date: 11 /24/2010 14:14 AM Subject: Madison Center Pamela, Attached is the letter we received from Madison Center, f think that this will be sufficient for you to use to do your transfer, If you need the project numbers for all the projects you have, you may want to use the letter that Oaklawn sent you. � kl Kaffiefine Fox.oUn iss#Aam sc eomm=4 Y&uu l # d Oace.Pa pmmt S„ em s 151. odA �dawaw sty - sui& 1200 Ja an dia, 9'ad&wa. 46204 deice - (317) 226 -6303 Ed. 7245 .tax - (317) 614 -6109 f11P.' / /C-\T)nr.wn PlntQ And CPttin(mC PXAPVPP\T ei,nl CPS 1Tll TC1TP11�v�111 'T�nrr....inalA!''�!'�L'C!_7]c+ t— i.+... — Derek D. Dieter President Oliver J. Davis Vice - President Ann Puzzello Chairperson, Committee of the Whole Derek D. Dieter .First District Henry Davis, Jr. Second. District Thomas LaPountain Third District Ann Puzzello Fourth District David. Varner Fifth District Oliver J. Davis Sixth District Al "Buddy Kirsits At Large Timothy A. Rouse At Large Karen L. White At Large City of South Bend Common Council 441 County -City Building . 227 W. Jefferson Blvd (574) 235 -9321 South Bend, Indiana 46601_ -1830 Fax (574) 235 -9173 TDD (574) 235 -5567 http://www.southbetidin.gov November 7, 2010 ` l" V — � i�3 The South Bend Common Council 4'h Floor County -City Building South Bend, Indiana 46601 Re: Snow and Ice Removal Regulations Dear Council Members: When it snows in South Bend, the city depends on its citizens to be helpful, responsible, and aware of the need to remove all snow and ice from the public sidewalks including walks and ramps leading to a crosswalk. During the winter months, many South Bend residents (including children walking to school and the physically challenged) and visitors enjoying the opportunities of our cultural venues and businesses, especially need to be able to safely use our public sidewalks. All snow and ice should be removed from the entire constructed width of the public sidewalk. This enables people of all ages and physical condition to have access to clean pedestrian walkways. Providing safe passage of pedestrians during snow events is in the hands of South Bend residents, business owners and the city to see that snow and ice is removed from public sidewalks. Clearing of snow and ice from sidewalks should be a combination of courtesy and caring toward all those who need to use the public walkways; with ordinance regulations being the secondary source for making sure that public sidewalks are clear of snow and ice for those who fail to comply. Last fall, the cities of Elkhart and Goshen upgraded their snow and ice removal ordinances. That action has resulted in improved compliance and safer sidewalks. The topic of improving South Bend's regulations in this area has been the topic of discussion at the Council's Health and Public Safety Committee and the Community Relations Committee. The Community Campus Advisory Coalition (CCAC) which is comprised of neighbors, college and university students and officials, and city officials have also expressed the Snow and ice Removal Ordinance Cover Letter -page 2 need for improved regulations, and helping to coordinate with the city a volunteer student program to assist those who have a hardship due to a disability. Currently South Bend has regulations which assist those who have physically disabled persons issued Disabled Veteran Registration Plates, Special Registration Plates, and State of Indiana Handicapped Parking Permits for mobility handicapped parking. The proposed ordinance would compliment those regulations by providing limited hardship exceptions which would trigger the volunteer program into action. Draft versions of the proposed regulations were shared earlier this year with the City Administration for their review and comment. The proposed ordinance would authorize an ordinance citation to be issued to any property owner or occupant of a building who has a sidewalk with abuts or is adjacent to their property who fails to remove any snow or ice within 24 hours after the it has accumulated. Persons violating the regulations would be subject to a fine of $15 for the I"violation with $25 penalties for all violations occurring thereafter. It also maintains the current provisions which authorize the city to remove accumulated snow /ice after a citation has been issued in limited situations with the violator being required to pay for the costs incurred to remove the ice and snow. The ordinance also updates the Schedule of Ordinance and Code Violations Chart in the South Bend Municipal Code. It provides for a monthly update on matters referred to the Legal Department on their collection efforts on ordinance citations referred for legal action. This would provide greater accountability and transparency. We believe that these proposed amendments will assist the city having safer public sidewalks. Thank you. Since ely, Member Ann ZeIlo, Vice - Chairperson Health and Public Safety Committee Council Member Thomas LaFountain, Chairperson Personnel and Finance Committee Council Memb r Community/Campus Ad i ory Coalition C azrperson Attachment Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL. OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTION CHAPTER 18, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED STREETS AND SIDEWALKS REQUIRING THE STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that the current regulations dealing with the removal of snow and ice on sidewalks were last amended in 1982. Since that time, it has become apparent that safety concerns require that those regulations need improvement. The following ordinance is designed to assist in the safe passage of pedestrians when using sidewalks located within the City of South Bend, so that snow and ice would be removed in a routine and timely manner. The proposed changes include provisions for limited exceptions to address potential hardship situations for individuals who have been issued a valid mobility handicapped parking permit by the Board of Public Works. In limited situations, the ordinance would enable the Board of Public Works to coordinate with the Community Campus Advisory Coalition (CCAC) for the development and implementation of a volunteer student program who may assist in removing snow and/or ice for such individuals experiencing a hardship and having such a permit. The Common Council has received complaints with regard to potential unsafe areas because of snow and ice, especially in highly traveled areas near schools and libraries throughout the city. The proposed regulations would be in addition to the regulations codified in the South Bend Municipal Code in Chapter 20, Article 7 which address snow removal conditions when declared by the Mayor. This ordinance is believed to be in the best interests of the public health and safety interests of the South Bend residents and visitors to the city.. C/f�us, �, Ge aoxa r% eti by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 18, Article 8, Sections 18 -7, 18 -8 and 18 -12 of the South Bend Municipal Code are hereby amended to read in their entirety as follows: See. 18 -7. Removal of Snow and Ice From Sidewalks Required. (a) It shall be the responsibility of the property owner or the occupant of any building abutting or adjacent to any public sidewalk bordering such property to remove any snow and/or ice which accumulates on such sidewalk or which obstructs such sidewalk to the full paved width of the Snow and/or Ice Removal Ordinance Page 3 (b) Each day that a violation is in effect shall constitute a separate offense for which a citation may be issued. (c) In addition to the citation procedure, the City Attorney's Office shall be charged with recovery and collection of any costs incurred by the city from such violator(s) as further addressed in Section 18 -7 of this Code. Section II. The "Schedule of Ordinance and Code Violations" set forth in Chapter 2, Article 19, Section 2 -213 of the South Bend Municipal Code is amended to read as follows: 18 -7 Snow and/or ice removal from sidewalks $15.00/ 25.00 (g) Updates on the status of any ordinance citation_ issued for a t3Te of violation listed in paragraph (a) of this section which is referred to the City Attorney's Office_shall be summarized in a report on the last business day of each month. Said Mort shall include but not be limited to the South Bend Municipal Code Section violated, the type of violation, the amount of the unpaid penalty, the action taken by the City Attorney's Office, and the current status of amount collected. Said report shall be filed with the Ordinance Violations Bureau in the Office of the Ci_,y Clerk and sent to the Chairperson of the Council's Health and Public Sgfigy Committee. Section III. Severab . If any part, section, subsection, sentence, clause or phrase in this Article is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Article. Section IV. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor and legal publication. r t ouf&il.Member Ann P(Vz*llo, Vice - Chairperson Health and Public Safety Committee Council Member Thomas LaFountain, Chairperson Personnel and Finance Committee Council Member Al "Buddy" Kirsits, CCAC Chairperson South Bend Common Council Snow and/or Ice Removal Ordinance Page 4 John Voorde, City Clerk �Powwln&d by me to the Mayor of the City of South Bend, Indiana on the day of 2010, at o'clock .m. Janice Talboom, Deputy City Clerk r�x4��e�aai� by me on the day of at o 'clock m. Stephen J. Luecke Mayor of the City of South Bend, Indiana 2010, " r .� I.S1 READING r, - 1 to PUr Not �4i�t�lil.1F�jj JOHI'�-SiiVif�DE REFFR,,ZEL) CITY S.", BEN1 IN. 1D' MADISON CENTER unint). sand ison.org 403 F. Madison Street a South Bend, Indiana 46617 a 574/234 -0063 e Toll -Free 877/234 -0061 Fax 574/288 -5047 November 11, 2010 Katherine Fox- Cunningham Sr. Community Planning & Development Representative 151 North Delaware Street - Suite 1200 Indianapolis, Indiana 46204 Ref Grant # IN00I2B514000802 (Supportive Housing Rental Assistance) Grant # IN001313514000802 (Supportive Housing Turnock Group Home Grant # W001 0014000901 (S+C Permanent Housing) Grant # IN0009C5H0002 (S+C Gateway) Grant # IN0087C5H000901 (S+C Scattered Site) Dear Ms. Fox- Cunningham, As of September 20, 2010 Madison Center, Inc. had relinquished their status as the Community Mental Health Center for St. Joseph County, Indiana. With this change, Madison Center is no longer providing outpatient treatment to the clients receiving assistance from the Supportive Housing Programs. Madison Center will not be able to provide the supportive services that are required for these grants. Therefore, I am requesting that the grants be transferred to: Oaklawn Psychiatric Center Community Mental Health Center for St. Joseph Co. P.O. Box 1240 South Bend, IN 46624 Oaklawn has assumed the supportive service requirement of the grants. The grants in question are the Supportive Housing Rental Assistance (grant # IN0012B5H000802) with a grant period of 211110- 1/31/11 and the Supportive Housing Turnock Group Home ( previous grant # 11d0013B514000802) with a grant period of 7/1/10- 6/30/11, In addition, Madison Center is also unable to continue to be the sponsoring agency for the Shelter Plus Grants for the City of South Bend. I am requesting that Oaklawn 'Psychiatric Center be designated as the sponsoring agency as they are currently providing the supportive services to the clients on these grants. These grants include S+C Permanent Housing (grant# INOOI 00511000802), S+C Gateway (grant # IN0009C51­10002) and S+C Scattered Site (grant # IN0087C5H000901). Thank you for your consideration in this matter. Sincerely, Michael Lane NOV wry A Aredited by the joint Commission ou Accrediintion of Henithcnre Orgarriwions f. l Toward Health and Wholeness (574) 533 -1234 • web site: www.oaklawn.org • e -mail: info @oaklawn.org • 800 -282 -0809 November 16, 2010 Pamela C. Meyer Director, Community Development Department of Community & Economic Development City of South Bend 227 W. Jefferson Blvd. South Bend, IN 46601 Dear Pam: Oaklawn Psychiatric Center, Inc, has assumed the role of the community mental health center for St. Joseph County effective September 24, 2010, previously held by Madison Center. As part of the outpatient services, Oaklawn assumed responsibility for the services provided under a number of HUD sponsored grants. At this time we would request that Oaklawn become the recipient of the HUD grants. We are requesting the following grants be transferred from Madison Center to Oaklawn: 'reNious Project Ness Project Number Number Grantee Sponsor Project Name ('it% ol'South MndiSUn N0009('511000801 IN0009C'511000802 fiend Centcr S +(: (krlena. ('its of'soulh Madison N0010C'511 000801 IN0010C'511000802 fiend Center S +('111 14 SMI Cif ohsouth Madison IN36C.'400001 IN0087C511000901 Bend Ccnter 54 {'scattered Silo Thank you for your consideration of this request. Sincerely, I Laurie Neumann Nafz T President and CEO Cc: Katherine Fox- Cunningham Contact Person Stephen I ;uccfie /South Bend stcphen Lneckc/sauth Bend Stephen t.uccke /SOLI111 Bend Program S +C S +C' S +C Grant Period GrantAmt 7.30.2010 to 7.31.11 $1=11.120. 9.27.10.2010 to 828.11 542.840. 9.6. 10 to 9.7.11 $92.820. 0 Corporate offices U 2600 Oakland Avenue 330 Lakeview Drive Elkhart, Indiana 46517 P.O. Box 809 (mailing address) Goshen, Indiana 46527 tiS°1103 TIM ��� O ,�tiltij��t l�lr d �! City of South Bend \� /J �,,01 Common Council 1865 s 441 County-City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President (574) 235 -9321 Fax (574) 235 -9173 TDD (574) 235 -5567 http://www.southbendin.gov Oliver Davis South Bend Common Council December 8, 210 441 County -City Building Vice-President 227 W. Jefferson Blvd. Ann Puzzello South Bend, IN 46601 -1830 Chairperson, Committee RE: Proposed Revision to Ordinance 7811 -87 of the Whole Dear Council Members: Derek D. Dieter First District As you will recall, on November 8, 2010 as result of an inquiry during the "Privilege of the Floor" President Dieter ask At -Large Council Member Timothy. Henry Davis, Jr. Rouse to investigate the matter. An investigation took place with assistance of Second District Attorney Kathleen Cekanski - Farrand and revealed that there is an existing codified Thous La.Fountain ordinance addressing the heart of the inquiry. In our opinion there is no evidence Third District of documented discrimination toward minorities as the complaint's brief states. The brief was filed in the South Bend City Clerk's on July 6, 2010. Ann Puzzello However, research indicated that on October 7, 1987, 2nd District Council Fourth District Member Eugenia Braboy sponsored Bill 103 -87 after several months of research and discussion with a wide range of individuals from the community as well as David Varner representative(s) from the Council and the City Administration. A copy of Mrs. Fifth District Braboy's cover letter is attached; bill 103 -87 was the resulted in the addition of Chapter 14.5 to the South Bend Municipal Code and Ordinance 7811 -87. Oliver J. Davis Sixth District Ordinance 7811 -87 has been in our codebook since 1987 and is still listed. Ordinance 7811 -87 was to provide a remedy for under - representation of minorities Al "Buddy' Mrsits and women in certain aspects of City employment and contracting. At Large The recent investigation indicates a need to revise South Bend Municipal Code Chapter 14.5; Articles 1 and 2 and the addition of Article 4 per the attached Timothy A. Rouse documents. At Large With filing of this revised version of Ordinance 7811 -87 on Wednesday December 8, 2010 we are asking the council to hear the first reading on December Karen L. White 13, 2010 and the second reading, public hearing and third reading to be scheduled At Large for January 10, 2011. We ask for your support in the passage of these revisions. Sincerely Karen L. White, Derek D. Dieter, t.. Henry�Yavisyr., 1 st District Councilman 2nd District Cou M Ffy" I0 .!rj4r_%'z+ FIRCO D EC - 8 2010 Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14.5, ARTICLES 1 AND 2; ADDING ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AFFIRMATIVE ACTION PROCEDURES STATEMEN TO PURPOSE AND INTENT In 1987 the South Bend Common Council passed Ordinance No.7811 -87, which created Chapter 14.5, and it's various sections. Ordinance 7811 -87 was developed in consultation with the Minority Affairs Council and with the City's Legal Department and the Common Council attorney. It required equal employment opportunity and equal contracting opportunity for all persons without regard to race or sex. It was determined that when minority and women representation is not in proportion in the applicable work force or business category, certain goals are required to be established by City departments, boards, or commissions, and steps must be taken toward meeting those goals. In the 23 years that have lapsed since Ordinance 7811 -87 was initiated the goals and purposes stated in the original supporting documents have been adhered to. The amendments attached are to added to provide a greater degree of checks and balances and to better provide remedial procedures when goals are not feasible. REVISIONS (Ord. No. 7811 -87, § 1) Revision to: Recommended that the term Affirmative Action through of the bill be replaced with modem day terminology such as Diversity Utilization Plan. ARTICLE 1. GENERAL PROVISIONS Recommended Revision to the following item to: (added/ Compliance? Police) (b) The South Bend common Council declares that the following affirmative action C'oluplimc : Polic)� procedures are established for the purpose of facilitating equal opportunity, prohibiting discrimination against minorities and women, and remedying instances of underrepresentation of minorities and women in certain aspects of City employment and contracting. (c) Private corporations, firms, or persons receiving tax abatement or tax credit development incentives from the City shall award their construction and purchase contracts consistent with the objectives set forth in this section. (d) The City of South Bend procurement process will include language in all solicitations, using local taxes systems or mixed financing requiring municipal bonds as a funding mechanisms, that ensures local contractors are awarded the vast major of the City's local construction contracts. To qualify for this preference Small Local Business Enterprises must have an Approved Affirmative Action Plan. SLBE must commit to Project Labor Agreements that commit to local labor utilization and living wage agreements. (e) All of the City's construction projects Request for Proposal for professional, Architect & Engineering, Construction Management or General Contractors, services will be required to include language in the City's solicitation that requires the above contractors to demonstrate the effectiveness of their Affirmative Action or Diversity Plan. The City recognizes that professional service contract providers are often the most important part of a successful Affirmative Action Program. (f) The City of South Bend understands that programs that promote the utilization of local business and local labor ensure reciprocal economic growth within the local region. This activity creates local jobs, expands (income, property and corporate) tax revenues. Sec. 14.5 -2. Definitions. Recommended Revision to the following item to: (1) "Disadvantaged Business Enterprises, " (hereinafter referred to as "DBE ") means a small business concern and "Women/Minority Business Enterprise" (hereinafter referred to as «)7V%fflE (a) Which is at least fifty -one percent (51 %) owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least fifty -one percent (51 °/6) of the stock of which is owned by one or more socially and economically disadvantaged individuals; and (b) Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. © Business enterprises with at least fifty -one percent (51%) owned by one or more minority or one or more women, in the case of any publicly owned business at least fifty - one percent (51 %) of the stock of which is owned by minority or women. (m) "Small business concern" means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto except that a small business concern shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals which has annual average gross receipts in excess of $4 million over the previous three fiscal years. (n) "Socially and economically disadvantaged individuals" (hereinafter referred to as "disadvantaged individuals ") means those individuals ,who are citizens of the United States or lawfully admitted permanent residents, and who are women, Black Americans, Hispanic Americans, Native Americans, Asian - Pacific Americans or Asian-Indian Americans and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to Section 3 and Section 8(a) of the Small Business Act. (o) "Small local business enterprise" or "SLBE" means a business enterprise having its principal office in South Bend - Mishawaka Area or located within a 35 mile radius of the City. SLBE will be granted bidding preference on all constructions contracts as long as they are consider by the City to be in full compliance of the City's Affirmative Action Articles as they apply to W/MBE Contracting and minority and women employment guidelines. SLBE must be register in the City as a formal business entity and meet the following standards: (a) Local Business with annual revenues of $15 million or less. (b) Less than 100 employees (c) Local Contracting License (Ord. No. 7811 -87, § 1) Revision to: ARTICLE 2. AFFIRMATIVE ACTION IN EMPLOYMENT (Revised to include Section 3 Language) See. 14.5 -5. HUD "SECTION 3 REQUMMENTS" (24 C.F.R. Part 135) IN THE PROVISION OF TRAINING EMPLOYMENT AND BUSINESS OPPORTUNITIES: Borrowers receiving more than $200,000 of federal funds for a project and any contractor or subcontractor with a contract on such a project in excess of $100,000 are subject to the Section 3 requirements outlined in 24 C.F.R. Part 135. All Section 3 covered contracts shall include the following clause (referred to as the "Section 3 Clause "): (1). The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low - income persons, particularly persons who are recipients of HUD assistance for housing. (2). The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. (3). The contractor agrees to send to each labor organization or representative or workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (4). The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. part 135. (5). The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 C.F.R. part 135. (6). Noncompliance with HUD's regulations in 24 G.F.R. part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Revision to: (Ord. No. 7811 -87, § 1) ARTICLE 4. AFFIRMATIVE ACTION CONIPLIANCE POLICY AND PROCEDURES Sec. 14.54. Application of this article. This article shall apply to all City departments, agencies, boards and commissions. See. 14.5 -5_. Conformity with Applicable Federal and State Laws of the Code of the City of South `Bend. The provisions of this Article shall be construed according to and in conformity with Acts of Congress and of the Legislature of the State of Indiana concerning the bidding and awarding of contracts in accordance with United States Department of Transportation, 49 CFR Part 23, 24 CFR, part 135 (Section 3), Title VI of the Civil Rights Act of 1964, Executive Order 11525, October 13, 1971, Executive Order 11246, and other laws applicable to providing contracting opportunities to Disadvantaged Business Enterprises(DBE), Women and Minority Business Enterprises (WMBE) and Section 3 Business Enterprise. Where provisions of this Article come into conflict with either federal or state law or Code of the City of South Bend, the federal or state law or City Code shall prevail. Sec. 14.5 -6. Diversity Compliance Officer The Mayor shall designate a Diversity Compliance Officer (DCO) or designated Consulting Firm. The DCO's duties will include the following: monitor contractors awarded contracts with the City for construction services for compliance with all applicable Federal, State and Local laws, statues, and codes regarding minority, women and Section 3 employment requirements and women and minority business enterprise contracting and subcontracting levels during the contractual term. The Compliance Official shall also prepare a list of all minority business enterprises in the Standard Metropolitan Statistical Area, compliance guidelines for contractors with the City for construction services, with said guidelines to include monitoring and reporting procedures, and recommendation for actions to be taken should non- compliance occur and procedural guidelines for City allocation of contracts to minority business enterprises as provided by this ordinance. Said guidelines shall be subject to the approval of City Council. The Compliance Official or designated Consulting Firm shall also perform such other duties relating to the provisions of this Article as may be directed by the Mayor. See. 14.5 -7. Establishment of Goals. (1) To achieve parity there is hereby established a goal of 18% (15% minority and 3% women) of the City's annual monetary value of contracts and subcontracts for supplies, services and construction to be awarded to minority business enterprises meeting contract specifications. Calculation of the 18% monetary value shall not include the amounts for contracts for which no minority business enterprise bid or contracts where no W/MBE meets the specifications. (2) The goals for minority group employment levels and minority enterprise subcontract levels to be achieved by contractors with the City for construction are hereby set at 18%. (3) On an annual basis the City Council shall review the levels of minority business enterprise participation for the City's contracting, subcontracting and work force participation, and shall in addition annually review minority population totals and percentages for the St. Joseph County area. After said reviews, the City Council may adjust the percent goals for contracts, subcontracts and work force participation to reflect a more representative share of the minority population or available market of minority business enterprises. (4) In determining the MBE/WBE participation on a contract, the following facts will be taken into consideration: (a) On contracts where the estimated material portion of the contract exceeds thirty percent (60 %) of the project cost and the materials in question are not available to be furnished through City certified MBE /WBE firms, the Diversity Compliance Officer or his designee is authorized to erect reductions in the goals for the project to reflect the unavailability of the materials. It is intended that this provision will only be utilized for projects involving major equipment items such as pipe, equipment, fabrications, etc. (b) The costs of materials which will be used in determining the MBE/WBE participation at the time of bid shall be those estimates as compiled by the City of South `Bend. The City's adjusted goal will be the official goal on any particular project subject only to other provisions of this ordinance. (5) In 0 instances, any MBE/WBE company performing under a contract with the City of South `Bend may only claim, as part of his/her MBE/WBE participation, those materials which the company purchases and actually fully installs as part of their responsibility under the contract, if such work is listed as one of the areas of expertise under which the company is certified or recognized to perform. (6) If a certified or recognized material supplier exists, that portion of the contract filled by the supplier will count directly against the 15% MBE & 3% WBE goals and will not be adjusted according to the Project Labor Agreement. The percent of the total contract price which is performed by the material supplier shall first be deducted from the City's goals, i.e.: eighteen percent (15 %) in the case of minority business enterprises and six percent (3 %) in the case of woman -owned business enterprises. Any remaining MBE/WBE percentage which the material supplier has failed to satisfy shall then be adjusted according to Project Labor Agreement. The prime contractor shall then have to make a good faith effort to provide subcontracts to minority or woman -owned companies, as the case may be, to fulfill the City's goats. See. 14.5 -8. Award of Contracts to NVMBE Enterprises. (1) If, during any fiscal year, bids are being sought by the City for a contract to provide supplies, services or construction and the City has not achieved the goal established in accordance with Section ) of this Chapter, the contract shall be awarded to the lowest bidding minority business enterprise meeting contract specifications unless it appears that the minority business enterprise's bid is unreasonably priced or the minority business enterprise's bid is neither in the best interest of the City nor the lowest and best bid. All other factors being equal, preference shall be given to minority business enterprises located in St. Joseph County. For the purpose of this subsection, an "unreasonable price" is a price above competitive levels which cannot be attributed to the minority business enterprise's attempt to cover costs inflated by the present effect of disadvantage or discrimination. (2) For the purpose of this subsection, determination of the "Iowest and best bid" shall include an evaluation of such factors as the nature of the supplies or services sought, prices of similar products in the relevant market area, minority employment levels achieved by the prospective contracting entities, location of business offices, general conditions in the market area, minority participation in the marketplace and such other factors as may be deemed relevant. See. 14.5-9 Time Requirements and Procedure for Noncompliance (1) Whenever the Diversity Compliance Officer determines a contractor to be in violation of a provision of this chapter, he shall issue a written finding setting forth such determination and the basis of his decision, together with notice to the contractor of the right to object to the finding. Such written finding shall be served upon the contractor by certified mail at such contractor's last known address. Any contractor taking exception to a finding of the Diversity Compliance Officer first shall attempt to reconcile the situation with the Diversity Compliance Officer. A good faith attempt to achieve informal reconciliation is a prerequisite to the cont&tor filing a written objection with the City Manager. (2) If, after attempting to reconcile the violation by informal means, the situation is not alleviated, a contractor may file a written objection with the City Manager within fifteen days of the receipt by the contractor of the Diversity Compliance Officer's written finding. Thereupon, the Diversity Compliance Officer shall, within seven days, forward to the City Manager all materials relating to the determination which is appealed, together with recommendations of appropriate remedial action to be taken. The contractor may file a request for a hearing before the City Manager when filing the written objection. (3) If the Diversity Compliance Officer finds a contractor to be in violation of this chapter and no reconciliation is attempted by the contractor within fifteen days of the receipt by the contractor of the written finding, the Diversity Compliance Officer shall forthwith forward his finding to the City Manager along with any recommendation of appropriate remedial action to be taken. (4) Under the direction of and upon authorization from the City Manager, the Diversity Compliance Officer shall determine when a violation of this section exists and when the attempts at reconciliation taken by the contractor will not reasonably alleviate the situation. (5) if the contractor objects to the decision of the City Manager or Cozisulting Firm, the contractor must next pursue the appeal process set forth in 49 CFR 23.55. Any person or organization with information indicating unjust participation by an enterprise or individuals under this program, or who believes that the DBE and W/NIBE participation is being improperly applied, should file a written complaint with the City Manager which shall contain a detailed statement in writing of the basis of the complaint.(Ord. No. 7811 -87, § 1) `� v � M` 4 L.l.:•. Attest: City Clerk - . 00-4-� 'o 0 Member of the Common CouqCil 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 I M. I st READING t' PUBLIC HEAr'ING 3 rd REANtNG NOT APPROVED RHIRREQ PASSED' Mayor, City of South Bend, Indiana cry CLI.-i*, JOSEPH T SERGE President EUGENIA BRABOY Vice- President ANN B. PUZZELLO Chairman, Committee of the Whole JOSEPH T. SERGE First District EUGENIA BRABOY Second District BEVERLIE J. BECK Third District ANN B. PUZZELLO Fourth District ROBERT G. TAYLOR Fifth District THOMAS ZAKRZEWSKI Sixth District JAMES V. BARCOME At Large AL B. PASZEK At Large CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH SEND, INDIANA 46WI October 7, 1987 Members of the Common Council Area 219 281.032+ Council Chambers 4th Floor, County -City Building South Bend, Indiana 46641 Dear Council Members: I aim introducing the attached ordinance for your consideraton which represents many months of prior discussion and research. This ordinance would establish a procedure to address equal Opportunity for minorities and women with regard to employment and bidding for.City contracts. " The City Attorney's office has prepared a three -page summary" of the proposed ordinance which is attached. It addresses a brief sketch of relevant background information, protections, and proposed procedures which will assist you in seeing the need for such an ordinance. JOHN VOORDE The Mayor's Minority Affairs Council has been very At Large instrumental in the development of this ordinance, and will be CATHLEENCrzey I- FARRAND providing additional data for the Council to consider when Council Attorney p g reviewing it. I believe that this ordinance addresses an important need for our City, that is, to insure equality of opportunity both in the City's employment and contracting actions. This is not an ordinance which seeks to maintain equal representation of minorities and women throughout the City work force or throughout City contracting. Rather, 'it is an effort to remedy in a carefully limited way past significant under- representation of minorities and warren in certain areas of City business. I will be reco€rmending that it be sent to the Human Resources and Economic Development Coarmittee for a complete and thorough review. I look forward to discussing this ordinance with you and to seeking your support. Thank you. u t ..° ---y �} its' (7 Sincerely, Eugeni B�� rabay � Second District Councilman COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD tT TIC SOUTH BEND, IN 46691 So _.. �'° It CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER December 6, 2010 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 PHONE 574- 235 -9216 FAX 574 - 235 -9928 Re: Ordinance of the Common Council Authorizing Certain New Position Titles and Setting the Maximum Salary Compensation to be paid to Certain Non Bargaining Position Amending the 2010 Salary Ordinance for Non Bargaining Employees Dear President Dieter: City Administration submitted Bill No. 59 -10, proposed Ordinance Fixing Salaries and Wages for Appointed Officers and Non- Bargaining Employees of the City of South Bend for Fiscal year 2011, on September 8, 2010. Bill 59 -10, as amended on September 23, and September 29, for reading and vote at the September 30, 2010 Council Meeting was defeated by Council vote at the September 30, 2010 Council Meeting. As a result of the defeat of bill 59 -10, the 2010 Salary Ordinance for Non - Bargaining and Appointed Officers will continue in force during 2011, unless amended by Council action. At the September 30 Council meeting, certain Council members requested that City Administration submit a new bill for lot Council read at the December 13 Council Meeting with 2rfd read, public hearing, 3�d read and Council vote at the 1st Council meeting in 2011. This bill would include City Administration request for new titles, new positions and certain position salary compensation levels increased from the 2010 Salary Ordinance compensation level for positions where job responsibilities have increased beyond the job responsibilities defined in the 2010 Salary Ordinance. Therefore, the salary ordinance bill submitted herewith includes City Administration request for changes to the 2010 Salary Ordinance as follows. The following chart identifies the requested position change, current salary, if applicable, of the incumbent, current 2010 authorized maximum salary and the requested change to the 2010 authorized maximum salary, with appropriate comment of explanation. ORDINANCE NO, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE 2010 SALARY ORDINANCE TO AUTHORIZE NEW POSITION TITLES AND SETTING THE MAXIMUM SALARIES TO BE PAID TO CERTAIN NON BARGAINING EMPLOYEES STATEMENT OF PURPOSE AND INTENT On September 8, 2010 the Administration submitted Bill 59 -10, an ordinance Fixing Salaries and Wages for Appointed Officers and Non Bargaining Employees of the City of South Bend, Indiana for fiscal year 2011. The Common Council did not pass Bill 59 -10 at its meeting on September 30, 2010, and accordingly, appointed officers and non bargaining employees of the City are subject in 2011 to the salary ordinance #9959 -09 for calendar year 2010 passed by the Common Council on September 28, 2009. It is now necessary to amend salary ordinance 49959 -09 in order to approve certain employee positions which either did not exist in 2010 or for which the description has been altered by increased duties. This amendment will not affect the City 2011 budget appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Ordinance #9959 -09 is hereby amended to include the following employee positions and the stated salaries: Department Position Amended Salary Ordinance Adrnin Secretary of Board $45,682.00 CED Deputy Director CED $70,018.00 CED Planner Senior $53,664.00 CED . Property & Collections Manager $47,970.00 Finance Reengineering Project Manager $60,008.00 Finance Business License Administrator $34,450.00 Finance Assistant City Controller $67,314.00 Safety Safety & Risk Manager $49,062.00 Human Rights Intake Officer Investigator $32,500.00 Police Crime Lab Firearms Examiner $51,714.00 Public Works CSO Operations Manager $58,396.00 Public Works Director CSO Project Management $71,292.00 Public Works Division Director Wastewater $71,292.00 Section II. Upon approval by the Common Council and signature by the Mayor this Ordinance shall be effective retroactive to January 1, 2011. Member of the Common Council Attest: City Clerk F. NFz Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock M. Approved and signed by me on the m. City Clerk day of , 2 , at o'clock ivlayul, �,ity ui aoum rsena F:IDATAI, ,qHARE% Legal ',WpdatalANTD\Ordinanccs12010 Amended Salary Ordinance Non Bargaining 12 0120 .. r'P RC3'GB, t COUNiy -CETY BuILDiNG 227 W. JEFFERSON BOULEVARD SOUTH SEND, IN 46601 OUT W. MACE l 1865 PHONE 574 - 235 -9216 FAX 574- 235 -9928 CITY OF SOUTH SEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER December 7, 2010 Mr. Derek Dieter President, South Send Common Council 4!h Floor, County -City Building South Bend, IN 46601 Re: Ordinance of the Common Council to Approve Teamster Employee Wages for 2012 and 2013 by Amending Ordinance No, 10044 -10 Which Fixed Teamster Maximum Wage Rates for Calendar Year 2011 Dear President Dieter: Ordinance no. 10044 -10 was passed by the South Bend Common Council in its second substitute version on September 30, 2010 during a time when labor wage negotiations were ongoing but not yet concluded between the City and its Teamster employee group. At time of passage of ordinance no. 10044 =10, City Administration had a contractual agreement proposal on the table with the Teamster Union that proposed a 0% wage rate increase in fiscal 2011, with subsequent 2% wage rate increases effective on January 1, 2012, and on January 1, 2013. As the contractual agreement proposal was not yet ratified by Teamster union membership, it was determined in joint agreement between Common Council and City Administration, that the appropriate Teamster wage ordinance proposed for Common Council passage on September 30, 2010, should exclude any reference to wage years beyond the 2011 0% wage increase. It was jointly concluded that, upon Teamster contract ratification of the 2% wage rate increases proposed for effect on January 1, 2012, and on January 1, 2013, that City Administration would file an amendment to Ordinance no. 10044- 10, that would incorporate the Teamster contract ratified wage rates for these future periods. As such, the bill submitted herewith, amends Ordinance no. 10044 -10, effectively to include the Teamster wage rates for effect on January 1, 2012 and January 1, 2013 in accordance with the Teamster contract ratified and binding between the City of South Bend and its Teamster union employees. I will present this bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. I am available to discuss any matters concerning this bill at the convenience of Council. Gregg D. ientara cc: Stephen J. Luecke, Mayor of the City of South Bend BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10044 -10, WHICH FIXED MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2011, TO APPROVE TEAMSTER EMPLOYEE WAGES FOR 2012 AND 2013 STATEMENT OF PURPOSE AND INTENT Ordinance No. 10044 -10 was passed by the South Bend Common Council in its second substitute version on September 30, 2010 during a time when labor wage negotiations were ongoing but not concluded between the City and its Teamster employees, On or around November 30, 2010, the Teamsters' union members ratified wages for calendar years 2011, 2012, and 2013. This ordinance does not alter the Teamster Employee wages for 2011 approved by OrdinancE 10044 -10, nor does it amend any other terms of Ordinance 10044 -10. It simply approves Tea:nster wage rates for 2012 and 2013 pursuant to the Collective Bargaining Agreement between South Bend and its Teamsters' Union employees which was ratified by the Union on November 30, 2010. Consistent with the intent of Ordinance No, 10044 -10, the wage provision of which takes effect January 1, 2011, this ordinance shall be effective as of January 1, 2011. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Section 1. of Ordinance No. 10044 -10 shall be amended to read as follows: Section 1. Maximum Compensation (a) The maximum amounts to be paid as compensation for Teamster employees for the City of South Bend, Indiana are hereby established as set forth in the attachment, which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly, wages are set and paid on a Bi- Weekly basis. Amounts by department and alphabetical position are set forth as well as the hourly wage for each position for calendar ears 2011 through 2013. SectionI. All other terms and conditions of Ordinance No. 10044 -10 as set forth in Section II of that ordinance which provides for "Holidays, Vacations and other Monetary and Fringe Benefits" are incorporated herein by reference. Section 111. In order to effectuate the intent of the City and Teamsters' Collective Bargaining Agreement, this ordinance shall be in full force and effect retroactive to January 1, 2011 from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Council w 4V C 0 Ural Presented by me to the Mayor of the City of South Bend, Indiana on the day of 5 2_, at o'clock M. Approved and signed by me on the at o'clock, ml �-G PASSED City Clerk day of 2_, Mayor, City of South Bend, Indiana 71 7 City of South Bend 2011 Teamster Employees Wage Ordinance Position Maximum Hourly Pay Rate Levels as of: November 30. 2010 ' ^ Staff Positions: 2010 2011 0.0% 2012 2.0% 2013 2.0% Position Title Rats; Rate $ Increase Rate $ Increase Rate $ Increase TRAFFIC AND LIGHTING DEPARTMENT 19.00 19.00 0% 19.38 2% 19.77 2% Staff Positions: 16.81 16.81 0% 17,15 2% 17.50 2% Group Leader - Traffic & Lighting 16.70 16.70 0% 17.04 2% 17.39 2% Operations Technician 16.05 16.05 0% 16.38 2% 16.71 2% Sign Artist 16.81 16.81 0% 17.15 2% 17.50 2% Sign Artist - Job Leader (new position in 2011) 18.32 18.00 0% 18.36 2% 18.73 2% Signal Technician 1 16.63 16.63 0% 16.97 2% 17.31 2% Signal Technician 11 17.36 17.36 0% 1711 2% 18.07 2% Signal Technician h -Job Leader 18.00 18.00 0% 18.36 2% 18.73 2% Construction Maintenance /Carpenter III 19.00 19.00 0% 19.38 2% 19.77 2% BUILDING MAINTENANCE 18.32 18.32 0% 18.69 2% 19,07 2% Staff Positions: 18.32 18.32 0% 18.69 2% 19.07 2% Building Engineer 15.14 15.14 0% 15.45 2% 15.76 2% Building Maintenance 15.82 15.82 0% 16.14 2% 16,47 2% General Laborer (Bldg Janitors) 14.51 14.51 0% 14.81 2% 1511 2% Maintenance Technician E (Bldg. En g) 18.52 18.52 0% 18.90 2%1 19.28 2% Group Leader - Recreation 16.81 16,81 0% 17.15 2% 17.50 2% ^ Staff Positions: Arborist 1 17.49 17.49 0% 17.84 2% 18.20 2% Arborisi ti 19.00 19.00 0% 19.38 2% 19.77 2% Arborist/Weed Control 16.81 16.81 0% 17,15 2% 17.50 2% Asst Greens Superintendent 17.06 17.06 0% 17.41 2% 17.76 2% Athletic Field Maintenance 15.92 15.92 0% 16.24 2% 16.57 20 Bldg Mtce - Custodian & taborer 14.51 1451 0% 14.81 2% 15.11 2% Bldg & Structural M,-intenance 1 18.32 18.32 0% 18.69 2% 19.07 2% Bldg & Structural Maintenance It [NEW] 19.00 19.00 0% 19.38 2% 1977 2% Construction Maintence I Carpenter i 17.75 17.75 0°% 18.11 2% 18.48 2% Construction Maintenance / Carpenter it 18.32 1832 0% 18.69 2% 19.07 2% Construction Maintenance /Carpenter III 19.00 19.00 0% 19.38 2% 19.77 2% Construction Maint�nce / Mason 18.32 18.32 0% 18.69 2% 19,07 2% Construction Maintenance I Welder 18.32 18.32 0% 18.69 2% 19.07 2% Dietician 15.14 15.14 0% 15.45 2% 15.76 2% Electrician - Park 19.00 19.00 0% 19.38 2% 19.77 2% Equipment Operator Il - Park 15.74 15.74 0% 16.06 2% 16,39 2% General laborer 14.51 14.51 0% 14.81 2% 15.11 2% Group Leader - Recreation 16.81 16,81 0% 17.15 2% 17.50 2% Group Leader - Street Island 16.81 16.81 0% 17.15 2% 17.50 2% Group Leader - LeEper 16.81 16.81 0% 17.15 2°% 17.50 2% Group Leader - Pfaza 16.81 16.81 0% 17.15 2% 17.5€1 2% GroupLeader - Custodian 16.61 16.81 01% 17.15 2°% 17.50 2% Head Custodian 15.14 15.14 0% 15.45 2% 15.76 2% Heavy Equipment Operator 1 17.06 17.06 0% 17.41 2% 17.76 2% Heavy Equipment Operator It 17.49 17.49 0% 17.84 2% 18.20 2% Job Leader [NEW] 17.97 17.97 0% 18.33 2% 18.70 2% Zoo Keeper 1 14.51 14.51 0% 14.81 2% 15.11 2% Zoo Keeper 0 15.30 15.30 0% 15.61 2% 15,93 2% Zoo Keeper III 1 5.92 15.92 0% 16.24 2% 16.57 2% Zoo Keeper IV 16.81 16.81 0% 17.15 2% 17.50 2% Zoo Keeper l Grower 16.81 16.81 0% 17.15 2% 17.50 2% Mechanic IV - Park - Garage 17.25 17.25 0°% 17.60 2% 17.96 2% Mechanic IV - Park - Gulf 17.25 17.25 0°f 17.60 2%:l 17.96 2% Operator 1 15.29 15.29 0% 15.60 2% 15.92 2% Painter IV 17.25 17.25 0% 17.60 2% 17.96 2% Plumber IV - Park 19.00 19.00 0% 19.38 2% 19.77 2% Veterinarian Tech " 17.49 17.49 0% 17.84 2% 16,20 2% Zoo Maintenance 15.92 15.92 0% 1624 2% 16.57 2% STREET DEPARTMENT Staff Positions: Equipment Operator 1 15.29 15.29 0% 15.60 2% 15.92 2% Equipment Operator it 15.83 15.83 0 °/a 16.15 2% 16.48 2% 2of 1 Salary 0rdinaoc.4 Teamsters wage rates-xis Page 9 of 3 City of South Bend 2011 Teamster Employees Wage Ordinance Position Maximum Hourly Pay Rate Levels as of: November 30. 2010 2011 Salary Ordlnanoe 1-esmsiars wage rates xls Page 2 of 3 2010 2011 0.0% 2012 2.0% 2013 2.0% Position Title Rate $ Rate S Increase Rate $ Increase Rate $ Increase Equipment Operator Ili 16.45 16.45 0°% 16.78 2% 17.12 2°%' General Laborer • 14,51 14.51 0°% 14.81 2% 15.11 2% Heavy Equipment Operator 1 17.06 17.06 0% 17.41 2% 17.76 2% Heavy Equipment O erator 11 17,49 17.49 0% 17.84 2% 18.20 2% EQUIPMENT SERVICES Staff Positions: Building Maintenance 15.82 15.82 0°% 16.14 2% 16.47 2% Body Repair IV 17.54 17.54 0% 17.90 2% 18.26 2% Body Repair V 18.51 18.51 0°% 18.89 2% 19,27 2% General Laborer (Janitor) 14.51 14 -51 0% 14.81 2% 15.11 2% Machinist IV 17.54 17.54 0% 17.90 2% 18.26 2% Machinist V 18.51 18.51 0% 18.89 2% 19,27 2% Mechanic III 16.73 16.73 0% 17-07 2% 17.42 2% Mechanic IV 17.53 17.53 0% 17.89 2% 18.25 2°% Mechanic V 18.51 18.51 0% 18.89 2% 19.27 2% Parts Clerk 1 15.78 15.78 0% 16,10 2°% 16.43 2% Parts Clerk II 16.50 16.50 0% 16.83 2% 17.17 2°% Parts Chaser 11.97 11.97 0% 12.21 2% 12.46 2°% SOLID WASTE Staff Positions: Driver 46.43 16.43 0% 16.76 2% 17.10 2 °% Operator 1 15.29 15.29 0% 15.60 2% 15.92 2°% Operator It 15.60 15.60 0% 15.92 2% 16.24 2% Equipment Operator III yCodej 16.07 16.07 0% 16.40 2% 16.73 2% Job Leader 17.97 17.97 0% 18.33 2% 18.70 2% Picker 1 15.69 15.69 0% 16.01 2% 16.34 2°% Picker 11 16.06 16.06 0% 16,39 2%!, 16.72 2°% ORGANIC RESOURCES Staff Positions: Heavy Equipment Operator 1 17.06 17.06 0°% 17-41 2% 17,76 2% Heavy Equipment Operator 11 17,491 17.49 0% 17.84 2% 18.20 2% Job Leader 18.25 1 18.25 0% 18.62 2°% 19.00 2% General Laborer 14.51 14.51 0% 14.81 2% 15.11 2% WASTEWATER Staff Positions: CSO Rep 1 16,77 16.77 0% 17.11 2% 17.46 2% CSO Rep 11 17.49 17.49 0°% 17.84 2% 18,20 2% Dewater Operator 17.49 17.49 0°% 17.84 2°% 16.20 2% Operator I - Wastewater 15.98 15.98 0% 16.30 2°% 16.63 2% General Laborer 14.51 14.51 0% 14.81 2% 15.11 2% Janitor 14.61 14,61 0°% 14.91 2% 15.21 2% Lift Station - Rep 1 17.49 17.49 0% 17.64 2% 18.20 2% Lift Station - Rep If 18.22 18.22 0% 18.59 2 °% 18.97 2% Maintenance Electrician 1 16.47 16.47 0°% 16.80 2% 17.14 2% Maintenance Electrician It 16.81 16.81 0°% 17.15 2°% 17.50 2% Maintenance Electr {:;fan 11 18.22 18.22 0% 18.59 2% 18.97 2% Maintenance Electrician IV 18.95 18.95 0% 19.33 2% 19.72 2°% Maintenance Electrician V 19.65 19.65 0% 20.05 2% 20.46 2°% Maintenance Lead 20.39 20.39 0% 20.80 2°% 21.22 2% Maintenance Repair 1 16.77 1677 0°% 17.11 2% 17.46 2% Maintenance Repair II 17.49 17.49 0% 17.84 2% 1810 2% Maintenarce Repair III 18.22 18.22 0°% 18.59 2% 18.97 2°% Maintenance Repair IV- 18.95 18.95 0°% 19.33 2% 19.72 2% Operator - General 17.49 17.49 0 °10 17.84 2% 18.20 2% Operatcr - Lead 20.39 20,39 0% 20.80 2% 21.22 2% Operator - Senior 1 B.22 18.22 0% 18.59 2% 18.97 2% operator I- Wastewater 15.98 15.98 0% 16.30 2% 16.63 2% Relief Operator 16.05 16.05 0°% 16.38 2%1 16.71 2% 2011 Salary Ordlnanoe 1-esmsiars wage rates xls Page 2 of 3 City of South Bend 2011 Teamster Employees Wage Ordinance Position Maximum Hourly Pay Rate Levels as of: November 30.2010 Note(s) 1 Wage rates are base rates per hour of work i0i 15alari Ordinam a Teamsters wage rates.zls Page 3 of 3 2010 2011 0.0% 2012 2.0% 2013 2.0°% Position Title Rate $ Rate $ Increase Rate $ increase Rate $ Increase Sanitation Operator Janitor/WW 15.25 15.25 0% 15.56 2% 15.88 2°% SEWER DEPARTMENT Staff Positions: General Laborer Heavy Equipment Operator 1 17.06 17.06 0% 17.41 2% 17.76 2% Job Leader 18.40 18.40 0% 18.77 2% 19.15 2°% Operator 1 15.29 15.29 0% 15.60 2% 15.92 2% Operator 11 15.83 15.83 0% 16.15 2% 16.48 2% Operator 111 15.92 15.92 0°% 16.24 2% 16.57 2°% WATER WORKS Staff Positions: Auditor I - Barg. 15.66 15.66 0% 15.98 2% 16.30 2°% Auditor 11 - Barg. 16,68 16.68 0% 17.02 2% 17.37 2% Auditor III. - Barg. 16.01 18.01 0°% 18.38 2% 18.75 2% Auditor IV - Barg. 18.36 18.3$ 0% 18.75 2 °% 19.13 2% Clerk Dispatcher lit 16.15 16.15 0°% 16.48 2% 16,81 2% Shut off Clerk 14.46 14.46 0% 14.75 2% 15.05 2% Courier/ Supply Clerk 15.90 15.90 0% 16.22 2% 16,55 2% Crew Chief 15.86 15.86 0% 16.16 2% 16.51 2% Customer Service f Billing 14.72 14.72 0% 15.02 2 °% 15.33 2% Data Processor 16.26 16.26 0% 16.59 2% 16.93 2°% Engineering Aide 131 17.31 17.31 0% 17.66 2°% 18.02 2% Field Repairman /insp 1 17.08 17,08 0% 17.43 2% 17.76 2% Raid Repairman / hisp II 17.31 17.31 0% 47.66 2% 18.02 2% Field Repairman / Insp 111 17.52 17,52 0°% 17.88 2°% 18.24 2% Generaf Laborer 14.51 14,51 0% 14.81 2% 15.11 2% Group Leader- Water Works 17.25 17,25 0% 17.60 2°% 17.96 2% Heavy Equipment Operator 1 17.06 17,06 0% 17.41 2% 17.76 2% Heavy Equipment Operator II 17.68 17.68 0°% 18.04 2% 18.41 2°% Janitor 14,61 14.61 0 °% 14.91 2 °% 15.21 2% Job Leader 17.97 17.97 0% 18.33 2°% 18.70 2% Machinist 17.31 17.31 0°% 17.66 2°% 18.02 2% Maintenance Tech - Helper 14.92 14.92 0% 15.22 2% 15.53 2% Maintenance Tech 1 15.88 15.86 0% 16.20 2% 16.53 2% Maintenance Tech 11 16.32 16.32 0% 16.65 2% 16.99 2% Meter Sen•iceman lit 15.55 15.55 0% 15.87 2°% 16.19 2% Meter Serviceman 1`/ 16.15 16.15 0% 16.48 2% 16.81 2°% Operator 1 15.29 15.29 0% 15.60 2°% 15.92 2°% Operator 11 15.60 15.60 0°% 15.92 2% 16.24 2% Operator 111 15.92 15.92 0% 16.24 2%1 16.57 20% Payment Processor - Lead 14.82 14.82 0% 1512 2% 15.43 2% Utility Operator 14.63 14.63 0% 14.93 2% 15.23 2°% Note(s) 1 Wage rates are base rates per hour of work i0i 15alari Ordinam a Teamsters wage rates.zls Page 3 of 3 Janice Talboom From: "Leroy Yoder" &��, ( � r ( 4 k" - � 0 To: Date: 12/7/2010 9:08 AM Page I of 1 (0--S) Ws. Talboom, I'm requesting to have my petition put on the agenda for the first meeting in January. I believe the Building Dept. knows where we are, as far as zoning is concerned, and I need to be annexed into the city as an office buffer zoning with a special use. This is the same as the original req uest. E. Leroy 'Yoder E. Leroy Yoder President Garden Homes by EL Inc. 17874 State Road 23 South Bend, IN 46635 Cell 574 -274 -1000 tfid file:HC:1Documents and SettingsUTALBOOMToca1 SettingslTemplXPgrpwisel4CFDF98 ... 12/7!2010