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HomeMy WebLinkAbout02-14-11 Council Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, FEBRUARY 14, 2011 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. 5. Do 7. REPORT FROM THE SUB- COMMITTEE ON MINUTES SPECIAL BUSINESS 11 -08 A RESOLUTION OF CITY OF SOUTH WRITTEN FISCAL POLICY FOR THE ANNEXATION AREA ANNEXATION AREA REPORTS OF CITY OFFICES i-nn D m THE COMMON COUNCIL OF THE BEND, INDIANA, ADOPTING A PLAN AND ESTABLISHING A PROVISION OF SERVICES TO AN IN CENTRE TOWNSHIP, HENRY RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: RTT.T. Mr) 84 -10 PUBLIC HEARING 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 75 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS 2--8 AND 2 -10 OF CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING THE COMMON COUNCIL 02 -11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 12, FLOODPLAIN REGULATIONS IN ORDER TO MAKE CORRECTIONS IN ORDINANCE NO. 10037 -10 86 -10 PUBLIC HEARING 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 8. BILLS, THIRD READING BILL NO. TIME• 75 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS 2 -8 AND 2 -10 OF CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING THE COMMON COUNCIL 02 -11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 12, FLOODPLAIN REGULATIONS IN ORDER TO MAKE CORRECTIONS IN ORDINANCE NO. 10037 -10 86 -10 THIRD 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 9. RESOLUTIONS BILL NO. 11 -09 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 3849 SHOWERLUX DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND GEAR, LLC 11 -10 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 815 OLIVER PLOW COURT AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION / OLIVER PLOW PARTNERS, LP 11 -11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND RECONFIRMING AN ECONOMIC REVITALIZATION AREA DEDUCTION FOR MCCORMICK & COMPANY, INCORPORATED 11 -12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALER /RECYCLING OPERATION LICENSE FOR CALENDAR YEAR 2011 PURSUANT TO SECTION 4 -51 OF THE SOUTH BEND MUNICIPAL CODE 10. BILLS, FIRST READING BILL NO. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT 0 my 1 NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. 6 �_ (� Al� ( �_ ct� RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP (HENRY ANNEXATION AREA.) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100°/x) property owners which proposes the annexation of real estate located in Centre Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 1.21 acres of land containing a single family home, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 21.6% contiguous, generally located near the southwest corner of Miami Street and Farmington Lane (61175 Miami Road). It is anticipated that the annexation area will continue to be used for a single family residence. This site will require a basic level of municipal public services of a non - capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non - capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non - capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non- capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. WHEREAS, the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Centre Township, St. Joseph County, Indiana be annexed to the City of South Bend: A tract of land in the Northeast Quarter (1/4) of the Northeast Quarter (1/4) of Section One (1), Township Thirty -Six (36) North, Range Two (2) East, and more particularly described as follows: Commencing at the Northeast corner of said Section 1, being the intersection of Kern Road and Miami Street; thence South along said centerline of Miami Street, 659.01 feet to the North right of way line of Farmington Lane extended and the place of beginning; thence West along said North right of way line of Farmington Lane and parallel with the North line of said Section, 264 feet; thence South, parallel with the East Line of said Section, 200 feet to the South line of a lot with a key number of 001 -1001. - 0011.02; thence East, parallel with the North line of said Section, 264 feet to the centerline of Miami Street; thence North 200 feet along said center line to the place of beginning. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of a non - capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section 111. The South Bend Common Council, shall and does now hereby establish and adopt the Fiscal Plan, attached hereto as Exhibit "A ", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with sufficient capacity to service this area, with fees for prior main line extensions due upon application for a tap permit, and any improvements in sewer or water capacity to be paid for by the developer in compliance with state and local law; that no new street lighting will be necessary; and that a street maintenance plan for Farmington Lane will be developed cooperatively with the County. Section TV. This Resolution shall be effective from and of the date of adoption by the Common Council and approval by the Mayor. V"J, Member, South Bend Co on Council Flied In. C'k� v I — Office E3 a — E] - JO#IN VOORDE CITY CLERK, SO SEND, IN I THE CITY OF SOUTH BEND Henry Annexation Area 2 TABLE OF CONTENTS SECTION I. INTRODUCTION .............................. ............................... 3 SECTION II. GENERAL DATA ............................... ............................... 3 A. Location B. Legal Description C. Contiguity D. Size of Annexation Area E. Buildings and Land Use F. Zoning & Subdivisions G. Population H. Tax Rate I. Assessments J. Municipal Legislative District K. Hiring Plan SECTION III. MUNICIPAL SERVICES ..................... ............................... 5 A. Public Works B. Police Department C. Fire Department & EMS D. Code Enforcement E. Environmental Services F. Administrative Services SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA .......... 9 SECTION V. FISCAL IMPACT ........ . ...................... ............................... 10 Fiscal Impact: TABLE 1 .................................... ............................... L i SECTION VI. APPROVAL ........................................ ............................... 12 LegalDescription ............................................ ............................... 13 Map: MAP 1 ...................................................... ............................... 14 Henry Annexation Area 3 SECTION I. INTRODUCTION This Fiscal Plan represents the City of South Bend's (hereinafter, "City ") policy for the annexation of property in Centre Township, St. Joseph County, Indiana (hereinafter, "Annexation Area "), and was developed through the cooperative efforts of the Area Plan Commission and the following City Departments: Legal Department Department of Public Works South Bend Fire Department South Bend Police Department Department of Code Enforcement Department of Community and Economic Development Department of Administration and Finance SECTION II. GENERAL DATA A. Location The Annexation Area is generally located at the southwest corner of Miami Street and Farmington Lane (61175 Miami Road). See Map 1. B. Legal Description The Annexation Area is part of the Northeast Quarter (1/4) of the Northeast Quarter (1/4) of Section One (1), Township Thirty -Six (36) North, Range Two (2) East, in Centre Township, St. Joseph County, Indiana. For a complete legal description, see Page 13. C. Contiguity The Annexation Area is at least 1/8 (12.5 %) contiguous to the current City limits: Contiguous 200 feet 21.6% Non - Contiguous 728 feet 78.4% Total 928 feet 100°/% D. Size of Annexation Area The Annexation Area is approximately 1.21 acres in area. E. Buildings and land Use The Annexation Area contains one single - family house. Hen Annexation Area 4 F. Zoning & Subdivisions The one property in the Annexation Area is currently zoned "R" Single Family District. Per City ordinance, the property will automatically be zoned "SF1" Single Family and Two Family District upon annexation. G. Population Five people currently reside in the Annexation Area. The population is not anticipated to change significantly following annexation. H. Tax Rate The tax rates used are those of 2009 payable 2010. The total tax rate for unincorporated Centre Township is 2.3764 per $100 of taxable real estate. The total tax rate for South Bend Centre Township is 4.8470 per $100 of taxable real estate. Per HEA 1001, the tax caps expressed as a percentage of the gross assessed value for different classifications of property are as follows, regardless of being within South Bend or unincorporated St. Joseph County: Property T e Ca Homestead 1.0% Non- Homestead Residential 2.0% Agricultural 2.00 Other commercial 3.0% 1. Assessments 2009 payable 2010, St. Joseph County Auditor property tax records: Land: $18,500 Improvements: $175,600 Total (Gross): $194,100 Total (Net): $94,510 J. Municipal Legislative District The Annexation Area will be in the 5th District. K. Hiring Plan It is anticipated that this annexation will not result in the elimination of jobs for employees of any other governmental entities. The Centre Township Trustee has been notified of this Annexation. Hena Annexation Area 5 SECTION III. MUNICIPAL. SERVICES A. Public Works Sewer - An 8" diameter sanitary sewer exists on the Farmington Lane frontage of the annexation area. It has sufficient capacity to carry load expected from this Annexation Area and potential future extensions. The City of South Bend extended sewer to this area. Capital will be recovered from any connections according to the utility extension ordinance. Water - The South Bend Water Works currently has a 10" water main on the west side of Miami Street that terminates at a fire hydrant near the southeast corner of the Annexation Area. There is more than adequate water capacity for the Annexation Area. Extensions of, or taps into sanitary sewer and water lines shall be governed by T.C. 36 -9 -22- 2, I.C. 8 -1.5 -3 and 4, and the rules and regulations of the South Bend Water Works and Sewer Utility. Street Lighting - No additional street lighting will be necessary, The existing street lighting system adequately covers this area. Waivers of Annexation - No waivers of right to remonstrate against annexation are in effect for this area. Streets - Miami Street is maintained by the City. If the annexation proceeds, the Street Commissioner and the County Highway Commissioner will confer to mutually agree on a maintenance plan for the approximately 264 feet of Farmington Lane added to the City. No capital expenditure will be needed to extend sweeping and snow removal service to the area. Gas tax reimbursements to the Motor Vehicle Highway Fund pay for operation of the service. 20110 Actual Budget Report for the Department: Expenditures: Miles of Roadway in City: Cost per Mile: New Mileage within Area: Estimated Maintenance cost for Annexation Area per year: B. Police Department $4,765,812 @499.8 @$9,535 @0.05 miles (264 feet) @$477 The Annexation Area would be expected to be added to the existing Beat 16. Police patrols, traffic enforcement, and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area to this beat. At this time, it is not expected that this annexation would cause calls for service to increase significantly and it is not anticipated that it will be necessary to increase police patrols beyond the existing beat patrol. The area under consideration is not expected to cause any unusual problems. Hena Annexation Area 6 At the present time, the cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. However, this area, as well as all other areas of the City, will continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possible shifting of existing resources, such as a beat restructure. Police services and response time in this area can be expected to be comparable and consistent with that as in all other areas of the City. Police coverage to this area could begin immediately upon annexation. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes.. 2010 Actual Budget Report for the Department: Expenditures: Number of Households in City (2000): Cost per Household: Number of Parcels in City (2010): Cost per Parcel: Proposed Number of Households in Area: Number of New Parcels: Cost for Annexation Area per year: C. Fire Department $26,728,828 @42,908 @$623 @48,370 @$553 1 1 $553 (1 parcel x $553 / parcel) Fire Response - The City provides a fully staffed, full time fire department housed in 11 fire stations strategically located throughout the City. The Annexation Area will be serviced primarily by Fire Station #10, located at 5303 York Road, approximately 1.5 miles away. Additional Fire Department Units would respond from Fire Station #8 at 2402 S. Twyckenham Drive, which is approximately 3.3 miles away, Fire Station #1 at 1222 S. Michigan Street, which is approximately 5.0 miles away, and Fire Station #5 at 2221 Prairie Avenue which is approximately 6.0 miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the annexation area. Adequate water supply will be necessary as development takes place. Emergency Medical Response - The City, under contract with St. Joseph County, provides emergency medical response to the unincorporated areas of St. Joseph County. Of the seven ambulances currently in service, 3 are dedicated for response to the unincorporated areas. These are Medic Units #10, 11 and 12. The Annexation Area will be serviced by Medic #10, located at Fire Station #10 at 5303 York Road before annexation. After annexation, this area will be serviced by Medic #1, located at Fire Station #10, located at 5303 York Road and Medic #2 which is at Fire Station #1 which is located at 1222 S. Michigan Street. Emergency medical response will continue to be provided by the City of South Bend. Response times will be comparable to other areas of the City. No additional equipment will Hena Annexation Area 7 need to be purchased or personnel hired to service the Annexation Area. Emergency medical services are supported by user fees. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2010 Actual Budget Report for the Department: Expenditures: Number of Households in City (2000): Cost per Household: Number of Parcels in City (2010): Cost per Parcel: Proposed Number of Households in Area Number of New Parcels: Cost for Annexation Area per year: D. Code Enforcement The Annexation Area will be added to Area S. $20,879,473 @42,908 @$487 @48,370 @$432 1 1 $432 (1 parcel x $432 / parcel) The Department of Code Enforcement will be able to provide services to the Annexation Area with comparable response times. The Department will respond to calls for service upon the effective date of the Annexation. Full and dedicated response will be in place within one year of the effective date of the Annexation. 2010 Actual Budget Report for the Department: Expenditures: $2,025,288 Number of Parcels in City (2010): @48,370 Cost per Parcel: @$42 Proposed Number of Parcels in Area: 1 Cost for Annexation Area per year: $42 Henry Annexation Area g E. Environmental Services Wastewater Treatment - Wastewater treatment services are supported by user fees, and are paid through the Water Works billing system. Solid Waste — The Bureau of Solid Waste could provide service to the Annexation Area at the rates below or at those prevailing at the time of service. Industrial, commercial, and apartment customers are not served by the Bureau of Solid Waste. For reference purposes, the following Bureau of Solid Waste rates apply for residential customers effective September 1, 2008: Single family rate: $10.56 per month Senior rate: $6.34 per month Duplex rate: $16.56 per month Tri -plex: $22.56 per month Quad: $23.80 per month Recycling fee. $1.97 per month F. Administrative Services The City of South Bend provides a wide range of services other than those noted above, such as the Mayor's office, the Legal Department, and Parks & Recreation. These services are available upon the effective date of the Annexation. Full and dedicated response for non - capital services will be in place within one year of the effective date of the Annexation. Costs for these services have not been calculated. The incorporation of the Annexation Area will not effect the provision of other services currently provided to this property on a county -wide basis. The St. Joseph County Health Department, the St. Joseph County Public Library, the Area Plan Commission, and the St. Joseph County /South Bend Building Department are some of the county -wide agencies and their services that will continue to provide the same type and level of services. to the Annexation Area. County -wide services will continue to be supported by the County and Township taxes that will remain in effect. Henry Annexation Area 9 SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA This proposed annexation will add one existing single - family home to the City of South Bend. The Annexation Area is presently zoned "R" Single Family District in unincorporated St. Joseph County. Single - family homes also zoned "R" Single Family District in the County are located to the north, west, and south. To the east, across Miami Street, is Southfield Village, zoned "PUD" Planned Unit Development in the City of South Bend. Any future changes will need to meet the City's applicable building and zoning ordinances. The proposed annexation could permit the eventual annexation of other Farmington Lane properties and undeveloped areas to the west. Henry Annexation Area 10 SECTION V. FISCAL IMPACT 1) Essential city services can be made available to the residents (and territory) of the Annexation Area in a timely and comparable fashion per the requirements of State law and this fiscal plan. 2) The City is financially able to support city services to the territory sought to be annexed. 3) Required improvements made by the petitioner and /or owner of the parcel(s) must be made in accordance with the standards of the City of South Bend. 4) Required improvements made by the City will be completed within the time frames provided by State law and this fiscal plan. 5) All figures are estimates. Final cost of capital expenditures, if any, will not be determined until bids are publicly solicited, contracts are awarded, and projects are closed out. 6) Property tax revenue and land assessment estimates are based on a combination of: 2009 payable 2010 tax information, taxes paid in previous years by a comparable development, estimates of units built, estimates of unit values and land assessments, and tax abatements or adjustments, if any. Tax rates are subject to change every year, and property tax revenues are subject to full implementation of HEA 1001. 7) Department expenditures and revenues are derived from the City of South Bend Budget. 8) The estimated costs to provide services, noted in Section III, Municipal Services, is a City- wide average based on a particular budget year. In the case of the proposed development in the Annexation Area, some of these services may not be required or possibly requested for many years. Hence, the cost of providing services over the first five years should be evaluated with this in mind. Hena Annexation Area 11 TABLE 1 Summary Table — Estimated Fiscal impact Expenditures Capital Est. Non - Capital Per Year Est. Notes 5 -Year Total Street Construction $0 $8,845 Year 2 $0 Sewer Extension $0 Year 4 Connection at petitioner's expense $0 Water Extension $0 Estimated at revenue per mile of $11,790 Connection at petitioner's expense $0 Street Lights $0 $0 Street Maintenance $0 $477 $2,385 Police $0 $553 $2,765 Fire $0 $432 $2,160 Code $0 $42 $210 Approximate 5 -Year Expenditures $7,520 Revenues Notes Total (Est.) 5 -Year Total Property Taxes (to City) Year 1 $1,769 $8,845 Year 2 $1,769 Year 3 $1,769 Year 4 $1,769 Year 5 $1,769 MVH /LRSA Estimated at revenue per mile of $11,790 $590 $2,950 Approximate 5 -Year Revenues $11,795 Revenue estimate based on $94,510 net assessment and capped homestead tax rate of 1% of $194,100 gross assessment. ,Henry Annexation Area 12 SECTION VI. APPROVAL Approved by the City of South Bend Common Council this day of , 2011. Henry Annexation Area 13 LEGAL DESCRIPTI ®N A tract of land in the Northeast Quarter (1/4) of the Northeast Quarter (1/4) of Section One (1), Township Thirty -Six (36) North, Range Two (2) East, and more particularly described as follows: Commencing at the Northeast corner of said Section 1, being the intersection of Kern Road and Miami Street; thence South along said centerline of Miami Street, 659.01 feet to the North right of way line of Farmington Lane extended and the place of beginning; thence West along said North right of way line of Farmington Lane and parallel with the North line of said Section, 264 feet; thence South, parallel with the East Line of said Section, 200 feet to the South line of a lot with a key number of 001- 1001 - 0011.02; thence East, parallel with the North line of said Section, 264 feet to the centerline of Miami Street; thence North 200 feet along said center line to the place of beginning. Hena Annexation Area 14 MAP 1 Henry Annexation Area � yy ti wg� Ste. me air i t.w �E Q Map provided by The Ciiy of South Bend GIS -2007 8 Feat Annexation Area City Limits. ....................... la North R- cembcP 2010 &\� O-D, ORDINANCE FOR ANNEXATION AN ORDINANCE OF TIE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNE-XING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CENTRE TOWNSHIP, CONTIGOUS THEREWITH;COUNCIL.MANIC 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 1.21 acres 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 1. That the following described real estate situated in St Joseph County, Indiana, being contiguous by more than one - eighth (118) 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: A tract of land in the Northeast Quarter (114) of the Northeast Quarter (1f4) of Section One (1) Township Thirty -Six (36) North, Range Two (2) East, and more particularly described as follows: Commencing at the Northeast corner of said Section 1, being the intersection of Kern Road and Miami Street; thence South along said centerline of Miami Street, 659.01 feet to the North right of way line of Farmington Lane extended and the place of beginning; thence West along said North right of way line of Farmington Lane and parallel with the North line of said Section, 264 feet; thence South, parallel with the East Line of said Section, '20'feet to the South line of a lot with a key number of001- 10010011 -.02; thence East, parallel with the north line of said Section, 264 feet to the centerline of Miami Street; thence North 200 feet along said centerline to the place of the beginning. Containing 1.21 acres, more or less, SECTION II. 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. SECTjN II- 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. City Clerk MEMBER OF THE COMM04 COUNCIL Presented to me to the Mayor of the City of South Bend, Indiana on the__day of 0 at o'clock M. City Clerk Approved and signed by me on. the day of . 2 at o'clock m. t J C� Mayor, City of South Bend, Indiana Filed in Ci ,% " Erb U Lati C JOHN VOORDE 01 IN `_ PETITION FOR THE VOLUNTARY ANNEXATION INTO THE CITY OF SOUTH BEND INDIANA I (We) the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, for the land in Centre Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) We are the owners, petitioners Thomas W. Henry & Jane M. Henry of parcel of land more particularly described in Exhibit "A„ 2) Petitioners desire that the parcel to be annexed to the City of South Bend, Indiana, by proper ordinance, 3) This petition is signed by 100% of the owners of the land in the territory sought to be annexed. 4) The property sought to be annexed is generally located at 61175 Miami Road at the southwest comer of "Farmington Lane ". 5) The property Tax Key Number is 001 - 1001 - 001102 6) The parcel is 8 /10ths of an acre in size and currently being use as a residential family dwelling and will have no plans to change this status. 7) The number of current residents in this annexation area is (1) one family of 5. 8) This is only (1) one parcel # 01- 1001 - 001102 of land already constructed in 1959 with no new roadway(s) necessary to construct. The signatures the property own s are below: Signed:,---),- igned: ) �.• Dated: Signed: - "4 `-� Dated: ! Y Li Thomas & Jane Henry 61175 Miami Rd, South Bend, Indiana 466I4 Home phone # (574) 291 -7117 Tom cell phone # (574) 993-3303, Fired In Clerk's Office DEC - 2 2010 JOHN VOME WY CURK, SO. PESD IN. *4 'V Exhibit "A" QI id yvusE ti Fr-, V•.� .v �� ed 4J N D aI to r H !0 r •4 ,za c, Id.G'd 41 � 4 d1 1W'�� � a�'4J 'A N Co CY- 8 a 1.1 N W •11 +► rd 4�1 C 4� ci •O +d IC t” W N 0 d) 41 aoaa»+'Q..cnuw4 3O °orn 'U �, TO: WATERFIFIA FINANCIAL CORPORATION, ABST A.LT AND THE WRPORATIM or ANY •CME iMSl1RANCE UWRWrrm who insures the title to the surveyed premises as evidenced by the issuance of a 03MMITM iC MOR THE REURANCE within 30 days of the date of certification or recertifiction of this survey I LARRY E. VANO,Sppl,, an Indiana Registered Land Surveyor hereby certi€y that I have sure tract o£ land shown hereon for MORTGAGE purposes and that Niece are no enemar]vmts :mless ca This survey is prepared for use by the designated parties only for MORTGAGE pu es used to establish boemda r that this react Al plain as designated on bY,the . ACrI iRATiON ; ,YN �,G' Rl- i PC- ?- O 1. , Q Ho. 12881 '1 r Certified May 20, 1987 i STATE DFC 2 'Do I2R7FAMLl("ITFTCA L'AfirflY E. -Wit"m sDom ANO ASSOCIATES E 1SWED LAND SURVEYORS SUITE 704' 110 WEST 1ASAIIE AVfMUE sour# mlly, l/YDIANA • 46S01 MORTGAGE SURVEY OF A TRACT OF LAND IN THE NE4, NE'ii, SECTION 1, T 36 N, R 2 E, ST.. JOSEPH COUNTY, INDIANA BUYER: THOMAS W. & JANE 41. HENRY ADDRESS: 61175 MIAMI ROAD SOUTH BEND, INDIANA LEV 11" = 40' 1 05/20/87 1 87i94- N if r- 44'1 � .. � V -"A. j— y p u y W O P ° � C () a br1 O m+i N 1+ �� q ,�Q• •.r+i I z Zasj a44 41 N a•z°.? 3 O.k'.. ° C 2: � 14 u f� a o� - -oa,u. rd 1o�KI3� 41 „° 4 p' W �2 °ael fi Nt W . s,aA.� 0 o t 1.1 N W •11 +► rd 4�1 C 4� ci •O +d IC t” W N 0 d) 41 aoaa»+'Q..cnuw4 3O °orn 'U �, TO: WATERFIFIA FINANCIAL CORPORATION, ABST A.LT AND THE WRPORATIM or ANY •CME iMSl1RANCE UWRWrrm who insures the title to the surveyed premises as evidenced by the issuance of a 03MMITM iC MOR THE REURANCE within 30 days of the date of certification or recertifiction of this survey I LARRY E. VANO,Sppl,, an Indiana Registered Land Surveyor hereby certi€y that I have sure tract o£ land shown hereon for MORTGAGE purposes and that Niece are no enemar]vmts :mless ca This survey is prepared for use by the designated parties only for MORTGAGE pu es used to establish boemda r that this react Al plain as designated on bY,the . ACrI iRATiON ; ,YN �,G' Rl- i PC- ?- O 1. , Q Ho. 12881 '1 r Certified May 20, 1987 i STATE DFC 2 'Do I2R7FAMLl("ITFTCA L'AfirflY E. -Wit"m sDom ANO ASSOCIATES E 1SWED LAND SURVEYORS SUITE 704' 110 WEST 1ASAIIE AVfMUE sour# mlly, l/YDIANA • 46S01 MORTGAGE SURVEY OF A TRACT OF LAND IN THE NE4, NE'ii, SECTION 1, T 36 N, R 2 E, ST.. JOSEPH COUNTY, INDIANA BUYER: THOMAS W. & JANE 41. HENRY ADDRESS: 61175 MIAMI ROAD SOUTH BEND, INDIANA LEV 11" = 40' 1 05/20/87 1 87i94- OUTH �! City of South Bend -� Common Council 1865 441 County -City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 ' Derek D. Dieter President Oliver J. Davis Vice - President February 9, 2011 Ann Puzzello Members of the Common Council Chairperson, Committee 4h Floor County -City Building of the Whole South Bend, Indiana 46601 Derek D. Dieter First District Re: Bill No. 75-10 (574) 235 -9321 Fax (574) 235 -9173 TDD (574) 235 -5567 http : / /www.southbendin.gov Henry Davis, Jr. Dear Council Members: Second District I respectfully request that Bill No. 75 -10 be continued until the February 2801 Thomas tain Common Council meeting, and remain with. the Information and Technology Third District ct Committee and the Council Rules Committee for review and recommendation. Ann Puzzello Fourth District The Council Attorney has informed me that she has had internal discussions with members of the City Controller's Office, the Legal Department, the Human David Varner Resources Director and IT on developing city -wide policies for electronic Fifth District communication devices. Discussions are focusing on reasonable regulations that would not only address Council Members, but also City Board and Commission Oliver J. Davis Members, while their particular body is in session. Sixth District Al "Buddy" Kirsits Bill No. 75 -10 is also sponsored by Council Member Karen L. White, Council At Large Member Ann Puzzello, and Council Member Timothy A. Rouse. So that the sponsors and all members of the Council have the opportunity for input, I believe Timothy A. Rouse that the added time will assist in developing sound and reasonable policies which At Large address existing and emerging electronic communication devices. Such regulations will carefully balance a member's right to have access to such devices, with the Karen L. White members of the public rights under the Indiana Open Door Law and Indiana's At Large Access to Public Records law. Thank you for your consideration. Most since - vj,&e. ly, �k& Derek D. Dieter Council President cc: Office of the City Clerk IM 07Y 1.f, $O 1119NCi, IN �5OuTg8� -�, City of South Bead I Common Council f1 R 1865 441 County -City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President Oliver J. Davis Vice- President November 17, 2010 (574) 235 -9321 Fax (574) 235 -9173 TDD (574) 235 -5567 http://www.southbendin.gov Ann Puzzello Members of the Common Council Chairperson, Committee 4' Floor County -City Building of the Whole South Bend, Indiana 46601 Derek D. Dieter Re: Regulations Governing Council Members First District Henry Davis, Jr. Dear Council Members: Second District In the interest of observing the highest standards of conduct in carrying out the Thomas LaFountain Third District official duties as an elected member of the South Bend Common Council, the Council periodically reviews its governing regulations. For example, in 2004, the Ann Puz ommon Council passed Ordinance No. 9504 -04 which amended Section 2 -8 of the Distr ict Fourth. District South Bend Municipal Code by including the following provision: "Persons in the g Council Chambers shall turn their cell phones and pagers to their silent mode when David Varner the Common Council is in session ". Fifth District That provision needs to be updated in light of new electronic communications Oliver J. Davis Sixth District technology and to broaden its application to meetings of the many Standing Committees of the Council. Al Large "Buddy" Kirsits g Many cities are currently in the process of updating their rules and regulations governing public meetings. For example, Boston and Seattle have regulations in Timothy A. Rouse place addressing the "use of handheld electronic devices" and the "use of social At Large media by city Council Members" citing interference with council audio systems and the need to upgrade their rules of decorum. Several state legislatures have enacted Karen L. White laws in this area and the National Conference on State Legislatures have issued At Large publications this year on the digital age and public gatherings. Furthermore, the US Congressional Research Service issued on February 3, 2010 a publication entitled "Social Networking and Constituent Communications: Member Use of Twitter During a Two -Month Period in the 11Ph Congress" It noted among other things that: "...the development of new electronic technologies has altered the traditional patterns of communications between Members of Congress and constituents. Many members now use e-mail, official websites, blogs, YouTube channels, and Cover Letter to Council Regulations Ordinance November 17, 2010 Page 2 Facebook pages to communicate with their constituents — technologies that were either non- existent or not widely available 15 years ago." • "Despite these advantages, electronic communications have raised some concerns." ® "Members of Congress have more choices and options available to communicate with constituents... [with] Members now reach[ing] their constituents via e-mail, websites, tele -town halls, online videos, social networking sites, and other electronic -based communication applications." The U.S. Senate prohibits electronic devices in varying degrees. For example, "No cameras, tape recorders, or any electronic devices are permitted in the Senate Chamber ". "Cell phones and laptops cannot be used "in the committee well "; and the use of cellular phones, lap tops and other electronic communication devices is prohibited during "open hearings ". The U.S. house of Representatives have regulations that provide that "No telephones or other electronic communication devices may be used on the floor during session ". The attached proposed ordinance attempts to update the Common Council's regulations, especially those affected by the ever - changing electronic communications technologies. The ordinance recognizes the requirements of the Indiana Open Door Law and attempts to carefully balance the need to communicate and receive communications with the need for maintaining proper and professional decorum during meetings. We also see the need to work closely with the City Administration to regularly review, discuss and amend City policies which address such topics as e-mail communications, internet usage, IT remote access and other forms of enhanced communications such as departmental Facebooks, cybercasts, etc. We seek your support and look forward to discussing this proposed ordinance with you. Thank you. Sincerely, Derek D. Dieter, Council President Kar . White, C uncil Member L rge Unzzeil0L.,,4 Distric Council Member Timothy A. Rouse, Council Member at Large Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS 2 -8 AND 2 -10 OF CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING THE COMMON COUNCIL STATEMENT OF PURPOSE AND INTENT In 2005, the Common Council passed Ordinance No. 9570 -05 which amended various provisions governing the operations of the South Bend Common Council. That ordinance built upon the improved efficiencies gained by the passage of Ordinance No. 9504 -04 on April 26, 2004, which then Council President Karen L. White sponsored. As a result of those actions, greater efficiencies were gained on such procedures addressing the filing of substitute Bills with the Office of the City Clerk; the inclusion of signatory areas for the Clerk and Mayor on proposed ordinances and resolutions; requiring all exhibits and petitions to be filed with all proposed Bills; authorizing the 'Council President to assign topics raised during the Privilege of the Floor; as well as many other areas. This ordinance is proposed to further advance the efficiency of the operations of the South Bend Common Council. Many legislative bodies throughout the country have passed regulations addressing the use of electronic devices during their meetings. This ordinance addresses that topic as well as related concerns in the interest of maintaining the highest level of decorum during Common Council meetings and Standing Committee meetings. With the development of ever - changing new electronic technologies; more and more rules and guidelines are being developed to carefully balance the need to embrace new communication technologies with the need to develop appropriate public policies addressing governmental operations. Research reveals that the United States Senate prohibits all electronic devises in varying degrees. As of February 2010, 205 Senators and Representatives were registered with Twitter; with such members averaging 116 tweets per day collectively. Twitter was created in 2006 as a web -based social networking service. The House and Senate has divided twitter use into eight (8) categories: position taking; policy; district or state activities; official congressional action; personal; media; campaign activities; and other. As a result, electronic technology has begun to reduce the cost for constituent communications. Additionally, many state legislatures have enacted rules restricting or prohibiting electronic devices so that the elected officials' undivided attention is focused on the issue being discussed during their deliberations. In light of technological innovations altering traditional forms of communication, this ordinance is warranted to assure that each Council Member has the ability to collect and transmit information from constituents; while maintaining proper decorum at all Council and Committee meetings. Various housekeeping measures are addressed to further improve the regulations governing the overall operations of the Common Council. All of the proposed regulations are proposed to be in the best interests of the public and the South Bend Common Council. Council Procedures Ordinance Page 2 by the Common Council of the City of South Bend, Indiana, as follows: Section 1. Chapter 2, Article 1, Section 2 -8 of the South Bend Municipal Code is amended by amending paragraph (p) and by the inclusion of new paragraph (q) which shall read as follows: (p) Persons in the Council Chambers and in the Council Informal Meeting Room shall turn their cell phones,, an4 pagers PDA or an ocher t e of electronic communications device to their silent mode when the Common Council is in session and when any Standing Committee meeting is in progress. Electronic devices including but not limited to cell phones, pages, PDAs or any other type of electronic communications device in the possession of a Council Member must be turned off or ut in silent mode during all Common Council Meetings, all Standing Committee Meetings, or other forms of electronic commun capons b a Council Member while a ting, s -ig-pn and any X g Open Door provisions. Tex meeting is in ro ess and while in •a meeting room or Council Chamber, shall be prohibited Violation of this section may subject a Council Member to any of the sanctions set forth in Section 2 -10 k of the South Bend Municipal Code. Section II, The following paragraph set forth in Chapter 2, Article 1, Section 2 -10 (i) of the South Bend Municipal Code is amended to read as follows: The Chairperson, with the assistance of the City Clerk, shall be responsible for filing Committee minutes with the Office of the City Clerk within two (2) weeks after each committee meeting. Such minutes shall comply with the Open Door Law and shall include but not be limited to: (1) the date, time and place of the meeting; (2) persons in attendance; (3) summary of all items discussed including all references to proposed resolutions and ordinances referred to in it for review and recommendation; (4) a record of all votes taken; and the time of adjournment. Any documents submitted to a Committee shall be filed with the original of the committee minutes with the Office of the City Clerk. Any majority or minority reports filed with a committee shall also be attached to such committee minutes. Section 111, Chapter 2, Article 1, Section 2 -10 (k) of the South Bend Municipal Code is amended to read as follows: (k) Sanctions: Upon finding that a Council Member - respondent violated the code of conduct of the Common Council; or if a Council Member violated an other provision of this Code, the Council by majority vote may take any or none of the following actions: (1) Issue a private censure; (2) Issue a public censure; Council Procedures Ordinance Page 3 (3) Recommend to the Council Member - respondent or to a Council Member who violated any other provision of this Code, that he or she resign his or her position on a standing and /or special committee; (4) Recommend to the Council Member - respondent or to a Council Member who violated ny other provision of this Code, that he or she resign from his or her office of Oe"neilm Council Member; (5) Refer the matter to the County Prosecutor's Office for appropriate action; er (6) Refer the matter, by a vote of two- thirds (2/3) of the Council for expulsion from the Common Council. ; or (7) Subiect the Council Member - respondent or a.Council Member who violated any other provision of this Code to a minimum ordinance fine of not less than twenty-five dollars ,(25.00) per violation and loss of further consideration, of any travel promotional and instructional monies addressed in Section 2 -2 1 of this Code for the remainder of the calendar year. Section 1V. 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. In;II?IS an 15 :.. a and j I C_ r1te44 John Voorde, City Clerk 0' Derek D. Dieter, Council President Karen L. White, Council Member Ann Puzzello, Council Member Timothy A. Rouse, Council Member Council Procedures Ordinance Page 4 , -Pe-;e..,AWby me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the day of 2010, at o'clock —. m. me on the —.M. 3 rd RE -D;NG i.,,o,r APPROVED RUER,RED PASSED Janice Talboom, Deputy Clerk day of 2010, at o'clock Stephen J. Luecke Mayor of the City of South Bend, Indiana No- v i 2010 BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 12, FLOODPLAIN REGULATIONS IN ORDER TO MAKE CORRECTIONS IN ORDINANCE NO. 10037 -10. STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 21 of the South Bend Municipal Code, Article 12, Floodplain Regulations to reflect changes in the Indiana Code. The Common Council of the City of South Bend recognizes its duty to enact amendments to the Floodplain Regulations in order to continue to qualify for participation in the National Flood Insurance Program. The Common Council further recognizes that a new study of the flood -prone areas in the City of South Bend, Indiana, has been prepared and published by the Federal Emergency Management Agency, and identifies the floodpiains, floodways and floodway fringe areas within the City in conjunction with the National Flood Insurance Program. Now, Therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as fellows: Section I. That CHAPTER 21, ARTICLE 12, FLOODPLAIN REGULATIONS, be amended as follows: 21 -12 (b) (46) (F) i for-ees en ex4efier- walls. Designs fef- wi� this r-equir-ement must either- be square ineh �3r- every ene squafe feet of enelesed area. The bettem of a!! stleh openings shall" be ffe higher than one (1) feet abeve grade and shall be leeat ` n6rely below the BFE; and, the walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the oqy and exit of flood waters by rovidin a minimum of two openings in addition to doorways and windows in a minimum of two exterior walls having a total net area of one 1 s uare :inch for eve one square foot of enclosed area. The bottom of all such o enin s shall be no higher than one 1 foot above the exterior Ugde or the interior ade immediately beneath each opening, whichever is higher and shall be located entirely below the BEE: and, 21 -12 (b) (69) Regulatory flood means the flood having a one percent (1 %) chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the Indiana Department of Natural Resources and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in 21 -12 (c) 2 Q of this ordinance, The "Regulatory Flood" is also known by the term "Base Flood ", "One- Percent Annual Chance Flood ", and "100 -Year FIood". 21 -12 (c) (9) Penalties for Violation. Failure to obtain a Floodplain Development Permit in the SFHA or failure to comply with the requirements of a Floodplain Development Permit or conditions of a variance shall be deemed to be a violation of this ordinance. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the Zoning Code for South Bend, Indiana. All violations shall be punishable by a fine net e ceeding: See Section 21 -10(h) Enforcement - Fines for a schedule of fines. 21 -12 (d) (2) (A) vii. Description of the extent to which any watercourse will be altered or r-eWe relocated as a result of proposed development, and; 21 -12 (d) (3) (C) Ensure that construction authorization has been granted by the Indiana Department of Natural Resources for all development projects subject to Sestien Section 21-12(e)(5) and Section 21 -12 e 7 A) of this ordinance, and maintain a record of such authorization (either copy of actual permit or floodplain analysis /regulatory assessment.) 21 -12 (d) (3) (l) Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially unproved structures, in accordance with Section 21 -12 (d) (2); 21 -12 (d) (3) (J) Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed, in accordance with Section 21 -12 (d) (2); 21 -12 (e) (1) (E) Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other service facilities shall be located at/above the FPG or designed so as to prevent water from entering or accumulating within the components below the FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG; Page 2 of 6 21 -12 (e) (2) (A) In addition to the requirements of Section 21 -12 (e) (1), all structures to be located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations: L Construction or placement of any new structure having a floor area greater than 400 square feet; or 21 -12 (e) (2) (B) Residential Construction. New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor; including basement, at or above the FPG (two feet above the base flood elevation). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of Section 21 -12 (e) (2) (D). 21 -12 (e) (2) (C) Non - Residential Construction. New construction or substantial improvement of any commercial, industrial, or non - residential structure (or manufactured home) shall either have the lowest floor, including basement, elevated to or above the FPG (two feet above the base flood elevation) or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of Section 21 -12 (e) (2) (D). Structures located in all "A Zones" may be floodproofed in lieu of being elevated if done in accordance with the following: i. A Registered Professional Engineer or Architect shall certify that the structure has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The structure design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. Such certification shall be provided to the official as set forth in Section 21 -12 (d) (3) (.1). 21 -12 (e) (2) (D) Elevated Structures. New construction or substantial improvements of elevated structures shall have the lowest floor at or above the FPG. Elevated structures with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade (crawlspaces or underfloor spaces) shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. Designs must either be ^° fifie' by a pfefessienA ,. -hiteet meet the following minimum criteria: L provide a minimum of two openings located in a minimum of two exterior walls (having a total net area of not less than one square inch for every one square foot of enclosed area; and Page 3 of 6 21 -12 (e) (2) (E) i. The fill shall be placed in layers no greater than 1 foot deep before compacting to 95% of the maximum density obtainable with the either the Standard or Modified Proctor Test method. 21 -12 (e) (2) (F) iii. Manufactured homes with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade (crawlspaces or under-floor spaces) shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in Section (e) (1) (H) 21 -12 e 2 (D). 21 -12 (e) (5) (A) Located within SFHAs, established in Section 21 -12 (c) (2) of this ordinance, are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and has erosion potential. If the site is in an identified floodway, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources and apply for a permit for construction in a floodway. Under the provisions of IC 14 -28 -1 a permit for construction in a floodway from the Indiana Department of Natural Resources is required prior to the issuance of a local building permit for any excavation, deposit, construction, or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing and paving etc. undertaken before the actual start of construction of the structure. However, it does exclude non-substantial additions /improvements to existing (lawful) residences in a non - boundary river floodway. (IC 14- 28 -1 -26 allows construction of non - substantial additions/ improvements to residences in a non - boundary river floodway without obtaining a permit for construction in the floodway from the Indiana Department of Natural Resources. Please note that if fill is needed to elevate an addition above the existing grade, prior approval (construction in a floodway permit) for the fill is required from the Indiana Department of Natural Resources.) 21- 12 -(e) (5) (B) No action shall be taken by the Floodplain Administrator until a permit (when applicable) has been issued by the Indiana Department of Natural Resources granting approval for construction in the floodway. Once a permit for construction in a floodway has been issued by the Indiana Department of Natural Resources, the Floodplain Administrator may issue the local Floodplain Development Permit, provided the provisions contained in Section 21 -12 (e) of this ordinance have been met. The Floodplain Development Permit cannot be less restrictive than the permit for construction in a floodway issued by the Indiana Department of Natural Resources. However, a community's more restrictive regulations (if any) shall take precedence. 21 -12 (e) (5) (6) Standards for Identified Fringe. If the site is located in an identified fringe, then the Floodplain Administrator may issue the local Floodplain Development Permit provided the provisions contained in Page 4 of 6 Section 21 -12 (e) of this ordinance have been met. The key provision is that the top of the lowest floor of any new or substantially improved structure shall be at or above the FPG. 21 -12 (e) (7) (A) iii. Once the Floodplain Administrator has received the proper permit for construction in a floodway or floodplain analysis /regulatory assessment approving the proposed development, a Floodplain Development Permit may be issued provided the conditions of the Floodplain Development Permit are not less restrictive than the conditions received from the Indiana Department of Natural Resources and the provisions contained in Section 21 -12 (e) of this ordinance have been met. 21 -12 (e) (7) (B) (ii) Upon receipt, the Floodplain Administrator may issue the local Floodplain Development Permit, provided the provisions contained in Section 21- 12 (e) of this ordinance have been met. 21 -12 (e) (S) Standards for Flood Prone Areas. All development in known flood prone areas not identified on FEMA maps, or where no FEMA published map is available, shall meet general standards as required per Section (e)(2) 21 -12 e 1 A through K of this ordinance. 21 -12 (f) (4) (B) No variance for a residential use within a floodway subject to Sections 21 -12 (e)(5) or Section 21 -12 (e)(7)(A) of this ordinance may be granted. 21 -12 (f) (4) (C) Any variance granted in a floodway subject to Sections 21 -12 (e)(5) or Section 21 -12 (e)(7)(A) of this ordinance will require a permit from the Indiana Department of Natural Resources. 21 -12 (f) (4) (D) Variances to the Provisions for Flood Hazard Reduction of Section 21- 122 (e)(2) of this ordinance, may be granted only when a new structure is to be located on a lot of one -half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade. 21 -12 (f) (4) (G) Any application to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the lowest floor is to be built and stating that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation (see Section 21 -12 (f)(5). 21 -12 (f) (4) (H) The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the Federal Emergency Management Agency or the Indiana Department of Natural Resources upon request (see Section 21 -12 (f)(5)• 21 -12 (f) (5) (B) Such construction below the base flood level increases risks to life and property. A copy of the notice shall by be recorded by the owner in the Office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. Page 5 of 6 21 -12 (f) (7) Special Conditions Upon the consideration of the factors listed in Section 21 -12 (f), and the purposes of this ordinancd, the St. Joseph County Area Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. Section 2. This ordinance shall be in full force and effect after its enactment, approval by the Mayor, publication as required by law, and made retroactive to January 5, 2011. City Clerk 9 Member, The Comm n Council, City of South Bend Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,2011, at o'clock m. Approved and signed by me on the at o'clock _. M. 1,t READNG "0—" PUBLICS H 3 r RE /,, NOT j,t7RROVED REF-ERRED PASSED City Clerk day of 2011 Mayor of the City of South Bend, Indiana Page 6 of 6 to 0" Ice JA4 - 2011 S0U 18 $ ��� ►, City of South Bend �- Common Council 1865 441 County-City Building . 227 W. Jefferson Blvd South Bend, Inddiana 46601 -1830 Derek D. Dieter President (574) 235 -9321 Fax (574) 235 -9173 TDD (574) 235 -5567 http: / /wwwsouthbendin,gov Oliver Vice-president Davis South Bend Common Council December 8, 210 441 County -City Building Zs 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. Second District Rouse to investigate the matter. An investigation took place with assistance of Attorney Kathleen Cekanski- Farrand and revealed that there is an existing codified Thous LaFountain 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 fled 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 Fifth District representative(s) from the Council and the City Administration. A copy of Mrs. Braboy's cover letter is attached; bill 103 -87 was the resulted in the addition of Oliver J. Davis Chapter 14.5 to the South Bend Municipal Code and Ordinance 781 1 -87. 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'' Kirsits 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 Karen L. White December 8, 2010 we are asking the council to hear the first reading on December At Large 13, 2010 and the second reading, public. hearing and third reading to be scheduled for January 10, 2011. We ask for your support in the passage of these revisions. Sincerely t Karen L. White, Derek D. Dieter, (. HenWal i 1st District Councilman 2nd District Fri : r;'' i0 n D EC - 8 2010 My ;t a: '}', F. } 01 % 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 goats 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. 119XY61Crt (Ord. No. 781 1 -87, § 1) Revision to: Recommended that the term Affirmative Action through of the bill be replaced with modern day terminology such as Diversity Utilization Plan. ARTICLE L GENERAL PROVISIONS Recommended Revision to the following item to: (added/Compliance 1ollCl) (b) The South Bend common Council declares that the following affirmative action Compliance Policy 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 "WMBE ": (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 %) 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 -Pack 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. ELBE must be register in the City as a formal business entity and meet the following standards: (a) Local Business with annual revenues of $1 S 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) Sec. 14.5 -5. HUD "SECTION 3 REQUIREMENTS" (24 C.F.R. fart 135) IN THE PROVISION OF TRAINING EIVIPLOI'MENT 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 Dousing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 a (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 C.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 COM PILIANCE POLICY AND PROCEDURES Sec. '14.5 -4. Application of this article. This article shall apply to all City departments, agencies, boards and commissions. Sec. 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 11625, 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. Sec. 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 specif cations. 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 effect 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 all 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 goals. See. 14.5 -8. Award of Contracts to WMBE 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 "lowest 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. Sec.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 bfl'3cer. A good faith attempt to achieve informal reconciliation is a prerequisite to the contractor 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 Consulting Firm, the contractor must next pursue ' the appeal process set forth in 49 CFR 23.55. Sec14.5 -10. THIRD PART' COMPLAINTS 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/MBE 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) U� V t 5 REAMING PUBLIC !-TAD NG 3 rd REAMNIG NOT APPROVED REFERRED PASSED Attest: City Clerk - Member of the Common Co0bil CQUW Presented by me to the Mayor of the City of South Bend, Indiana on the Oay of F 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 7 CITY GU`4, W. JOSEPH 7 SEFIG€ President EUGENIA BRABOY Vice- President ANN B. PUZZELLO Chairman, Committee of the Whole CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY-CITY BUILDING SOUTH SEND, INDIANA 46601 October 7, 1987 Members of the Common Council AreR 219 291.9321 Council Chambers 4th Floor, County -City Building South Bend, Indiana 46601 Dear Council Members: JO PH T. SERGE I an introducing the attached ordinance for your consideraton which represents many months of prior discussion and research. EUGENIA 814ABOY Second District Third EDislelJ.BECK This ordinance would establish a procedure to address equal Opportunity for minorities and women with regard to employment and ANN B. PUZZELLO bidding for City contracts. Fourth District ROBERT to The City Attorney's office has prepared a three -page THOMAS ZAKRZEWSKI summary" of the proposed ordinance which is attached. It Sixth District addresses a brief sketch of relevant background information, JAMES V.eARCOME At Large protections, and proposed procedures which will assist you in AL B. PASZEK seeing the need for such an ordinance. At Large JOHN vooROa The Mayor's At Large Minority Affairs Council has been very instrumental in the development of this ordinance, and will be Council Attorney4N5Kl•FARAANiI providing additional data for the Council to consider when 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 women in certain areas of City business. I will be recommending that it be sent to the Hunan Resources and Economic Development Committee for a complete and thorough review. I look forward to discussing this ordinance with you and to seeking your support. Thank you. in Sincerely, Eugeni B raboy Second District Councilman '('�`,�\ 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 3849 SHOWERLUX DR11VE AN ECONOMIC REVITALMATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND GEAR, LLC 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 3849 Showerlux Drive, South Bend, Indiana, and which is more particularly described as follows: This real estate is commonly described as: vacant land North of and adjacent to 4701 Nimtz Parkway, said property having frontage on Showerlux Drive, South Bend, Indiana 46628 and is legally described as follows: that part of the Southeast Quarter of Section 20 and the Southwest quarter of Section 21, both in Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot # 10A as shown on the plat of "H.G. Baus Centre - Phase One First Replat" subdivision recorded by Document No. 0746267 in the records in the Office of the Recorder of St. Joseph County, Indiana. Containing 5.54 acres more or less. Subject to all legal highways, easements and restrictions of record, and which has Key Number 71- 03 -21- 300 - 001.000 -009 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seg., 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 sQ., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1- 12.1 -4.5 et seq., 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. 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. Yr Member of the Common Council 3 Filed in Clerk's office JAN 3120I EOIxf VOOR �E CITY --- Rk SOUTH BEN®, IM 1200 CouNn• -Cary BUILDING 227 W J EFFPRSON BOULCYARD Soc rH BEND, INDIANA 46601 -1830 January 31, 2011 Pm)Nk, 574/ 235-9371 FAY 574/ 235 -9021 Crry o� Sou-i -H BEND STFPHEN J. LuFcKr., MAYOR COMMUNITY& ECONomIC DEVELOPMENT JEFFREY V GIBNEY ExrC:UT1vE 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: South Bend Gear, LLC 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 equipment to start up a new company to be located at 3849 Showerlux Drive. The report contains the Department's findings relative to the above petition. The equipment will be used to manufacture gears for the heavy duty truck market. The project will be carried out in two phases over a period of two years. The total project cost for the equipment is estimated at $15,600,000. The project meets the qualifications for a (5) five -year personal property tax abatement and a representative from South Bend Gear will be available to meet with the Committee on Monday, February 14, 2011. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNr1Y D1_,VEL0PMENT ECONOMIC DEVELOPAiENT FINANCIAL & PROCRAM PAIM6LA C, MEYER DONALD H. INKS M.ANAC,EMENT 5741235 -9660 5741235 -9371 EiazAiwm Lwow FAX: 5741235 -9469 5741235 -9371 12()0 COUNTY -C1TY BUILDNIc 227W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONr 5741235 -9371 FAx 5741235 -9021 CITY OF SOUTH BEND STEPHEN J. LuE'ci<., MAYOR COMMUNITY& ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE, DIRECTOR TO: SOUTH BEND COMMON COUNCIL PROM: BOB MATHIA SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR- SOUTH BEND GEAR, LLC DATE: January 31, 2011 On January 28, 2011, a petition for personal property tax abatement consideration for property located at 3849 Showerlux Drive was filed with the City Clerk by South Bend, Gear, LLC, 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 South Bend Gear, LLC is a start up company that will produce engine gears for the heavy duty truck market in North America. The project will acquire several pieces of turning, gear cutting and gear finishing equipment as well as robots and automation equipment. Under a separate project a building is being constructed to house the new company. The personal property project will be implemented in two phases over a two year period beginning with installation of an initial group of machines during July, 2011 with final installation of machinery by February, 2013. The estimated cost of the two phase project is $15,600,000. Total taxes to be abated during the (5) five - year abatement period are estimated at $678,507, Total taxes to be paid , during the (5) five -year abatement period are estimated at $617,395. COMMUNITY DWFWPMENT EECONOMic DEVELQPMENT FINANCIAL & PROCRAM POOLA C. ME \'ER DONALD E. INKS MANAGEMENT 574!235 -9660 5741235 -9371 EL KZA➢ETH LEONARD FAX: 574(235 -9469 574/235 -9371 South Bend Common Council RE. Tax Abatement for South Bend Gear, LLC January 31, 2011 Page 2 EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will create at least twelve (12) new, permanent, full - time jobs in the first year of production representing a new annual payroll of at least $550,000. The petitioner has estimated that there will be a total of 26 full time jobs by the end of phase two, Because the project is new there are no existing jobs. ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the petitioner has not been granted or been associated with any previous tax abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be property zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for personal property tax deduction must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year personal property tax abatement under section 2 -84.2, Tangible Personal Property Tax Abatement. o O CO O N o to i rt 0 O L11 0 C+7 N ° 0 ° 0 co Cl) N t$ Q 0 N a m N @ O W a N 0 0 a r+ r CO IT N C'7 C j a Ln.-v m g a CD N 000 M V r+Nt� r Y- O c°oN00 0 Lo Lo O N M N N N N O In LU CD Lr) Lo 00 't N 0 O m N N O O O O N r CO r-2", 0 6 O O Ln LO M O U- O CO 0 N N Lo O OO 0 O L11 0 � ° 0 ° O O m LU t$ Q 0 N a m N O O W a N 0 0 0 co 04 CO C'7 C j a O m g a 0 0' .m°0o0 Cq CD n e'0 r) 0 O O O X X m z X 0) N 47 O. {p U 3L LLo CA 1 W 0 N co Q U O > Lp Q3 d) X O r+ (p co - co m .-� Lo {� I CF ar z r CC) L1) Cc) co ` 0 CD N 000 M V r+Nt� r Y- O c°oN00 0 Lo Lo O N M N N N N O In LU CD Lr) Lo 00 't N 0 O m N N O O O O N r CO r-2", 0 6 O O Ln LO M O U- X 0 N N 0 U w N O d' O NO O N CO M N N � ° 0 ° O O m LU 0 0 0 N a v N O O W a N 0 0 0 co 04 CO C j a O m g a C5 C6 Cq CD oi ,C C L9 j i7 0 N Ea f6 X X m z X 0) N 47 O. {p U 3L -0 N H• Y t) W U m Q U O > Lp Q3 d) X O r+ r N Q C a m .-� N U O a aQ ( z o d u ar z �U0U c Q Q E co ` 0 `} to cO U Co L co 3 E M C Co Lo Co -j Q (D -j U p N T O °0 0 0 r N_ M 0 0 ssF99V�� �y fi co O O � V 0� N O O N Cl) m m � C N } a O O F a w a N N Nt %'C U w , u (C3 C9 to L r�att V CL � C -0 a -0 � N L�.i E m � Q3 Qi Q W F O O N O O O -p N � 9 Oa � T U> 7 Cil ®wj Q rg. s O C us Z5 w _ ^I- 0 M v N 0) D p cn Q co Z i7 O Yv r= L E CD N 000 M V r+Nt� r Y- O c°oN00 0 Lo Lo O N M N N N N O In LU CD Lr) Lo 00 't N 0 O m N N O O O O N r CO r-2", 0 6 O O Ln LO M O U- Z co Lo co 0 a) 00 dt N N N Cl) ja O Q d v LO Lo N N j X X Z U Fp2S 00 00 O CD N U w N O d' O U_ N CO M N N y > Z p m LU x N {p 0. 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F' CO 00 O co N L0 v N Cl) M N N N 7 X t6 47 ,C C U C 0 0 0 0 0 O U • X X � x x y w C Co C Co 0 0 N � r N_ M 1 0 0 0 0 0 N N N N N> >+ 7. 7, m m � C N a Lo v F a w C cu a cu U w , u to 0 as C CL � C -0 a -0 � N E m � O -p N � 9 � T 7 Cil E us Z5 w _ STATEMENT OF BENEFITS F ®RBI SS -1 1 PP PERSONAL PROPERTY �- 4r State Form 51784 (R 11-06) PRIVACY NOTICE Prescribed by the Department of Local Government Finance The cost and any specific individual's salary information confidential; the balance of the fill �rttgp Is slit record er 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 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 Tatum 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 i 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 riling extension has been obtained. A person who obtains a filing extension must rile the form between March 1 and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF -1 / PP annually to show compliance with the Statement of Benefits. (IC 5. The schedules established under IC 6 -1.1- 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 &1. 1-12.1-4.5(o and (g)) Name of taxpayer South Bend Gear, LLC Address of taxpayer (number and street city, state, and ZIP Code) r t' p N r5 I 3849 Showerlux Drive, South Bend, Indiana 4662.8 f �S I Name of contact person Telephone number Stan Blenke JOHN VOORDE (574) 234 -4116 Name of designating body 1 Resolution number (s) South Bend Common Council Location of property County DLGF taxing district number 3849 Showerlux Drive, South Bend, Indiana 46628 St. Joseph 71 -009 Description of manufacturing equipment and/or research and development equipment ESTIMATED and/or logistical distribution equipment and/or information technology equipment. (use additional sheets if necessary) START DATE COMPLETION DATE See attached 2 sheets. Manufacturing Equipment 07/01/2011 R & D Equipment Logist Dist Equipment IT Equipment • ESTIMATE OF • e SAL4R.IES�4§ RES; ULTOF PROPOSED ••• Current number Salaries Number retained Salaries Number additional Salaries 0 10.00 0 1 0.00 12 550,000.00 • w TOTAL COSTAND • -o•• a ••s NOTE. Pursuant to jr, 6 -1.1- 12.1 -5,1 (d) (2) the MANUFACTURING EQUIPMENT R g 1] EQUIPMENT LOGIST DIST (T EQUIPMENT EQUIPMENT COST ASSESSED COST ASSESSED COST ASSESSED COST ASSESSED COST of the property is confidential. VALUE VALUE VALUE VALUE Current values 0.00 o.Do Plus estimated values of proposed project 15.600,000.00 6,240,000.00 Less values of any property being replaced 0.00 0.00 Net estimated values upon completion of project I 15 >60o,000.00 6,240,000.00 o • a o• -e a: Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other benefits; Total employees to be hired is estimated to be 26 by the completion date, that the representations in this statement are true. Signature of authorized representative ;1 E We Date signed (month, day, year] Manager 1 01/28/2011 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 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 designation expires ❑Yes ❑N o ❑Yes []No []Yes ❑N o ❑Yes MNo 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 $ with an assessed value of $ E . The amount of deduction applicable to new logistical distribution equipment is limited to $ $ F. The amount of deduction applicable to new Information technology equipment is limited to $ $ G. Other limitations or conditions (specify) cost cost with an assessed value of cost with an assessed value of H. The deduction for new manufacturing equipment and/or new research and development equipment and/or new logistical distribution equipment and/or new information technology equipment installed and first claimed eligible for deduction on or after July 1, 2000, is allowed for: ❑ 1 year 06 years "* For ERA's established prior to July 1, 2000, only a ❑ 2 years ❑ 7 years 5 or 10 year schedule may be deducted. El 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. (signature Telephone number Designated body Date signed (month, day, yead * 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 /27/2011 JV machinery investment JV INVESTMENTS 2011 2012 2013 Total 7/1/2011 8/1 Install Investment Comments Earuipment Muratec Lathe, Soft Turning $489,866 $540,000 $1,029,866 2 soft turn lathes Muratec Lathe, Soft Turning 489,866 j 540,000 1,029,866 2 soft turn lathes Uebherr Hobbing Machine 792,795, 850,000 1,642,795 2 soft turn hobbers Samputensili Deburring Machine 200,000 220,000 420,000 2 soft turn deburr Kitamura Machining Cemter 425,000 0 425,000 1 soft turn drilling centers Vertical Broach 110,000 0 110,000 1 soft turn broaches Emag Lathe, Hard Turning 527,000 580,000 1,107,000 2 hard turn lathes Emag Lathe 527,000 580,000 1,107,000 2 hard turn lathes Emag Lathe, After Bushing is Press Fit 527,000 0 527,000 1 ass'y lathes Reishauer Gear Grinder 1,567,384 1,600,000 3,167,384 2 gear grinders Robots & Automation 1,324,894 1,200,000 2,524,894 automation for 2 lines Mar oss Controls & Gages 1.40,000 0 140,000 gaging for 2 lines Washing Machine 400,000 200,000 600,000 3 washing machines Gear Checker 255,470 0 255,470 1 gear checker CMM 145,000 0 145,000 1 CMM Marking machines 40,000 40,000 80,000 4 marking machines Subtotal $7,961,275 $6,350,000 $0 $14,311,275 Total Rounded $8,000,000 $6,500,000 1 $0 $14,600,000 /27/2011 JV machinery investment 5 aCY C3 aaa000 aaazaoaa0a CYaaa 00 as ° °a 0acya 0 0 as zz z zzz 0000 0 0 0 0 0 zzzzz +• C,0 h CY g w o n o O o cs o 0 © 0 0 0 O o O O O o n o c Oo o o 0 0 0 0 0 a o 0 0 0 0 0 0 O O O O o n o o 0 0 0 0 0 0 0 o a o o 0 a o c O O Q O O O O Q O C7 CJ CJ C7 C7 C C 0 0 4 q C3 O O O O O C G G� O 0 N e- i� O p G U o O O O N S9 r- o O r r O O N M O O M O M Lo o o to c'7 r r r [f] N r u3 r u1 to O =o 0 M U'1 N V N— N N t� Q� sF m 67 a) to H a°i V O ¢ w nco �-- w rn a° m c y o a'a m to w° N E 49 Era Sc S °J ° N U E m N V U t U `o o c iu m C d° Co �C1 2 �.cpU ti C R a N L1 {6 Q 2 cn O L a. � °L7. co f6 Stl O f9 m V1 N m m r ut LL u3 fA C9 0 r U 0 i0- C z t C0 ° L ipp75 tm 2 c w O c0 v a o 0 a) m 3 a m o� C d) uj .iG N 2. A .O 0 0 W C N 7 E 'L (D 0 CD il o` a� U y= m"`�'U e U ° n a c o w ..-. Q M a 0 0 Y m v sa r t N 7 O � w a°i .�' c a° 'e m .� m O 'le O. G G QQ U) T: w Ur `- N Qw� cL of inU M, ii tiw2 CC3 0 UL moQJ 5 aCY C3 aaa000 aaazaoaa0a w d °o o0 °O0 °o °o °o +• C,0 h CY g p 0 0 4 Q C C O C7 C 0 0 rRj 0 0 O O 0 to u7 Lo m O O ai a rtF't CO N e- i� G U t m uai t� rn z m w cam-! N N 0 O. 0 CL a aci m .o x r w E a a c a LLI n 0 a w CY g d x m m U t m t� rn z m CD m 0 H a°i ¢ w nco �-- w rn a° m c y o a'a m to w° N E as M 4 q 0) Sc S °J ° N U E m N V U t U `o o c iu m C d° Co �C1 2 �.cpU ti C R a N L1 {6 Q 2 cn O L a. � °L7. co f6 Stl O f9 m V1 N m m r ut LL u3 fA C9 0 r U 0 i0- C z cam-! N N 0 O. 0 CL a aci m .o x r w E a a c a LLI n 0 a w CITY OF SOUTH BEND PETITION O. rANGIBLE PERSONAL PROPERTY T.. 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 I.C., 6 -1.1 -12.1, eta and South Bend Municipal Code Section 2 -84.2, et sec l., for this petition states the following: 1. Describe the proposed project, including information about the new manufacturing equipment personal property (Aequipment @) to be installed, the amount of land to be used, if any, the proposed use of the equipment, and a general statement as to the value of the project to your business. South Bend Gear, LLC is a start up Company to produce engine gears for the heayl du truck market in North .,America. This pr2ject will consist of several pieces of turning, gear cutting and gear finishing equipment as well as robots and automation equipment. This project allows a new start up Company to grow and expand in South Bend, creating new jobs and having a significant impact on purchases from local suppliers. In addition it will create tax revenue at local and state levels. This Project will be implemented in two phases over a two year period beginning with installation of machines in July, 2011 and ending Feb. 132 2013. It is estimated that there will be 26 new employees hired by Fah_ n, 2013. 2. The project will create 12 new, permanent jobs within the first year, representing a new annual payroll of $-„ 550,000 and will maintain 0 (New Start Up) existing permanent full -time and 0 existing part -time jobs representing an annual payroll of $ 0 . The projected annual salaries for each new position created are estimated to be as follows: . $37,440 each_.,,., hourly position. It is estimated that there will be 26 new employees hired by Feb„1,3 2013,_ 3. Estimate the total cost of the Equipment: $15,600,000 over a 2 year period. 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 nacre under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST South Bend Gear LLC 3849 Showerlux Drive South Bend In. 46628 100% interest. (Revised 812102) 1 (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 Not Applicable 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: Manufacturing of gears to customer specifications. 6. The commonly known address of the property where the Equipment is to be located is: 3849 Showerlux Drive South Bend Indiana 46628 7. The Ivey Number of said property is: 71- 03 -21- 300 - 001.000 -009 8. Attach the legal description of the property where the equipment is to be located, marked AExhibit A,@ and is hereby incorporated herein. 9. Attach a map and /or plat describing the property where the equipment is to be located, marked AExhibit B,@ and is hereby incorporated herein. 10. Attach photographs of the property, taken within 30 days of filing of this petition, marked AExhibit C, @ and hereby incorporated herein. 11. The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment is $ 0. (This information may be obtained from the St. Joseph County Assessors office 235 -9523) 12. The current use of the real property where the Equipment is to be installed is New building under const. and the current zoning is E (use) and A (height and area). (This information may be obtained from the Building Department 235 -9553) (Revised 8/2102) 2 13. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES 2010 $1,881.42 $0.00 2009 $22110.69 $0.00 2008 $6,279.20 $0.00 2007 $6,002.14 $0.00 2006 $4,282.62 $0.00 (This information may be obtained from the St. Joseph County Treasurers office 235 -9531) 14. Describe the commitment made within the past five years by your firm to hiring minority individuals, including number of minorities employed during each of the past five years, specifying whether full time or part -time and whether permanent or temporary employees. The Petitioner shall also list the current number of total employees (full and part -time) and the current number of minority individuals (full and part - time). This is a new start up Company and there are no existing employees. 15. Describe on -site child care or day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. None 16. What is your best estimate of the market value of the new Equipment after installation? $ 15,600,000 17. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? $ Not sure 18. What is the commitment your firm will make to minority employment during the five years of tax abatement? As positions become available, South Bend Gear, LLC will hire qualified individuals without regard to race creed or color. 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: 3566 — Speed changers, industrial high -speed drives and gears. (Revised $12102) 3 21. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 3566 —..Speed changers, industrial high -speed drives and gears. 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: Airport 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 Rousing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana; or other public financial assistance, including but not limited to public works improvements. None 24. Describe how and why the manufacturing equipment to be replaced or the facility in which Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues: New a ui ment for a new customer program. 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: (Revised 8/2/02) 4 Dame: Stan Plenke Address: 4701 Mintz Parkway City State Zip Code. South Bend, Indiana 46628 Telephone: 574 - 234 -4116 ext.214 WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible personal property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South Bend has been paid in full. (Revised 8/2/02) Bipin N. Doshi, Manager ('Typed or printed naive and capacity of signor if signed by an agent or representative of the owner) 5 EXHIBIT A LEGAL DESCRIPTION Description: This real estate is commonly described as: vacant land North of and adjacent to 4701 Nimtz Parkway, said property having frontage on Showerlux Drive, South Bend, Indiana 46628 and is legally described as follows: that part of the Southeast Quarter of Section 20 and the Southwest quarter of Section 21, both in Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot # l0A as shown on the plat of "H.G. Baus Centre -Phase One First Replat" subdivision recorded by Document No. 0746267 in the records in the Office of the Recorder of St. Joseph County Indiana. Containing 5.54 acres more or less. restrictions of record, Tax Key No.: 71- 03 -21- 300 - 001.000 -009 Address: 3849 Showerlux Drive South Bend, IN 46628 Subject to all legal highways, easements and IS KUIIDVJ NOuoncioud M3N �W'Maa Wws "..N. NY35 ON38 HI OS CD CJ 00 00 Atlei a I S LU X. MA LZ 40 H -law", .. • r� � �`iY li.•_� V O aSa �� Tx�-= -^W.. _ L•T .'x A 'x CD 1 ) r C14 a yy F E, s jig gf lisp! fps m N 4 L O CCD ? �0 0 az� Z r1 �1 O Q O acn s U7 � W g x CJ7oz 1-5 h N=om o � N ui Lea a =F cn = O � O 4 W� r .L 7 sr; Se 0 a f.�3. :gx�a Y S7R r 1 a d Y PI Ei i r Zo Ki a Y c a aY dd s a a i z y ra � •mss � � �. Y R � g n(CO411 i i (,yb9 •/s •sue s .less a�R�ee Geo80 IgS Y stiF ryN(�syys ; �F=xef v Iy r sa s 51 1111 '.T -191 rl Map of Showerlux Dr, South Bend, IN 46628 Map of Sheivedum Dr, South Bend, W 46628 A uWti 911 CL jb 111T: Al Dr rl H u Ul:Lk Ash, i:j k Rj y. D I--, Di sz , ax LN lv� Dr U1 D1 /2 006 ddb. IRT 53-51� MI �- Omj r Rd HOPI'- fir' to it South &-r d OJK E iv I yF 3 fr., L Yahoo-22iO, Data NNVH 2cyjO dlMwj C�oc'd irJ6 a to (1c) zi lealit, '116;cl- and llla&(z �:(lle the J"'ijd f;, wit fol all ti Ecc klvi,;i IS. TI w] [5 ol ll." f) Imi tl"-iad H�" all 2i id, �fj I 1i HI} -`' Page I of I litti).-//iiiat)s.valioo.com/i)rint?mvt=iii&ioride=us&tp=l &stx=&fcat=&frat=&clat=41.72731 ... 1/31/2011 y �� t a � �; t t i1� ..iv. -: y ,.. �1' ���3 t:""k �:tSFa' ,i� ;k�&',- Ail i§;°xy•"1 .1''i �'§ t tt >e, [ 1 t e 1 1 § � „� � Y Y� d..E X• F }� 1 1 5 �I i 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 815 OLIVER PLOW COURT (PROPOSED ADDRESS)` AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION / OLIVER PLOW PARTNERS, LP WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration. by the Common Council of the City of South Bend, Indiana requesting that the area located on the northwest comer of Oliver Plow Court and Chapin Street with the proposed address of 815 Oliver Plow Court* which upon completion of the replatting and recording process, will be more particularly described as follows: Lot 2 of Oliver Plow Works First Minor Subdivision* And which has Key Number 018 -3061 -2351 presently at this point in time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et q., and South Bend Municipal Code Sections 2 -76 et sag., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community and Economic Development and to the Office of the City Clerk; 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 seMc ., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and ' Currently identified as the east 4.4 acres of Lot #8, Oliver Plow Works, Is, Major, Sec 3 located on the northwest corner of Oliver Plow Court and Chapin Street. WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -I.1 -12.1 et sec ., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6- 1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution AP{'1 OVELA. 1, DGIPTi designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to eight (8) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common C is Filed in Clews otfic.,- E FEB 7,1 011 CITJOHN Voe�rjjjE Y /B CI f Y cLERK, $4l "dem), IN 1200 COUNTY -CITY BUILDING 227 W. JEPPERSON BOULFVARD SO4'TH BENO, 1NuwNA 46601 -1830 PHONE 5741235 -9371 FAx 5741235 -9021 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC EVELOPMENT JEFFREY V. GIBNEY February 2, 2011 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: Commercial Real Property Tax Abatement Petition for: OLIVER PLOW PARTNERS, LP Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a commercial real property tax abatement petition from the above - referenced Petitioner for property they intend to purchase from the South Bend Redevelopment Commission. The property is tentatively identified as 815 Oliver Plow Court (currently identified as the east 4.4 acres of Lot 8 Oliver Plow Works, I" Major Sec 3). Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The Petitioner, Olive Plow Partners, proposes to construct a 40,800 square foot warehouse /distribution facility for a tenant, ABC Supply Company, Incorporated. A representative of the Petitioner will be available to meet with the Committee on Monday, February 14, 2011. 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 Lueeke Jeff Gibney - Dan Inks COMMUNITY DEVELOPMENT ECONOMIC DwaoPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD & INKS MANAGEMENT 5741235 -9660 5741235 -9371 ELIZA6ETH LEoxmzn FAx: 5741235 -9469 574/235 -9371 1200 CouNTY -C1TY BUILDING 227 W. JFFFERSON BOULEVARD Soum BEND, INDLAINA 46601 -1830 PHONE 5741235 -9371 FAX 5741235 -9021 CITY of Sourx BEND STEPH N J. LuECxE, MAyoR COMMUNi`y &ECONOMIC EYELOPMENT JEFFREY V. GiBNEY EXFCtJTIVE DIRECTOR TAX ABA T'EMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: OLIVER PLOW PARTNERS, LP DATE: February 2, 2011 On February 2, 2011, a petition for real property tax abatement consideration for property tentatively identified as 815 Oliver Plow Court (currently identified as the east 4.4 acres of Lot 8 Oliver Plow Works, 1" Major, Sec 3 and which is being replatted) was filed with the City Clerk by Oliver Plow Partners, LP. Pursuant to Chapter 2, Article 6, Section 2 -82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY The petitioner, Oliver Plow Partners, is in the process of purchasing 4.4 acres in the Oliver Plow Industrial Park from the South Bend Redevelopment Commission. Oliver Plow intends to construct a warehouse /distribution facility to accommodate a tenant, ABC Supply Company Incorporated. The building will have approximately 40,800 square feet. It will be a pre- engineered steel facility with a masonry wainscot or facade. The building will be of high quality and will match the character of the surrounding industrial uses near to the property. The estimated cost of the building is $1,750,000. ABC Supply Company is a distributor of exterior housing products. They area primary supplier to the construction industry which will match the current uses found within Oliver Plow Industrial Park. The Petitioner has just begun collecting information on potential suppliers and contractors for the COMMUNITY DEVELOPMENT EcoNomic DEVELOPMENT FINANCIAL & PROGRAM PA =WLA C. MFYER DONALD E. INKS MANAGEMENT 574/235 -9660 574/235 -9371 ELIZADaTSA LEONARD F; X, 5741235 -9/469 5741235 -9371 RE: Tax Abatement for Oliver Plow Partners, LP February 2, 2011 Page 2 project. For this reason they were unable to answer the questions related to suppliers of construction materials and construction. contractors. They intend to submit this information prior to the Common Council meeting to consider their confirming resolution. At that time final points will be awarded and the length of the abatement term set. Based on current information, the Petitioner will score sufficient points for a four year term. If they score all of the points for construction they would have enough for seven years. For purposes of consideration of the Declaratory Resolution we are estimating the term at eight years to allow for any extra adjustment. Anything less will result in a reduction in the amount of tax revenue abated. Assuming an eight year abatement term is approved at the Confirming Resolution, the total taxes to be abated during that term are estimated at $ 192,799. Total taxes to be aLid during the eight year term are estimated at $224,308. If the term remained at four years, total taxes to be abated are estimated. at $109,044. Total taxes to be paid over the four year term are estimated at $99,509. EMPLOYMENT IMPACT Per the petition, it is estimated that the project will create two (2) new, permanent full-time positions with total wages estimated at $65,000. It will retain ten (10) existing permanent full -time positions and one (1) existing part time position, including two (2) existing permanent full -time minority employees, with a total annual payroll of $419,958. ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that neither the petitioner, Oliver Plow Partners, nor the proposed tenant, ABC Supply Company, has been granted or been associated with previous tax abatements. However, Holliday Properties, a major partner in Oliver Plow Partners has received previous tax abatements through various limited partnerships and limited liability corporations. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Area, which is a Tax Incremental Allocation Area; therefore, the petition for real property tax deduction must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for up to an eight year real property tax abatement under Section 2 -83.1, Warehouse Development in the Economic Development Target Areas, Urban Enterprise Zone and Redevelopment Blighted Areas. STATEMENT OF BENEFITS 20 PAY 20 REAL ESTATE IMPROVEMENTS State Form 51767 (R2 11-07) FORM SB-1 f Real Property Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): ❑1 Redevelopment or rehabilitation of real estate improvements (IC 6 -1.1 -12.1 -4) ❑ Eligible vacant building (IC 6- 1.1- 12.1 -4.8) INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. '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 initiation of the redevelopment or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERA1VB0, Whichever is applicable, must be filed with the County Auditor by the later of: (1) May 10, or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF- IlReal Property annually to the application to show compliance with the Statement of Benefits. (IC 6 -1.1- 12.1- 5.1(b) and IC 5. The schedules established under IC 6 -1, 1- 12.1 -4(d) for rehabilitated property and under IC 6 -1.1 -12.1- 4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before July 1, 2000. Name of taxpayer Oliver Plow Partners, L.P. Address of taxpayer (number and street, city state, and ZIP code) 227 South Main Street, South Bend, IN 46601 le or contact person Paul Phair Telephone number (574) 217 -4498 E -mail address PPS a- �Cr%hwdaot�y� , t k5 )Jame of designating body Resolution number City of South Bend Location of property County DLGF taxing d'tstrlct number 815 Oliver Plow Court; South Bend, IN 46624 St. Joseph County Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary) Estimated start date (month, day, year) Construction of a new 40,800 SF industrial facility to be occupied and operated by ABC 04/01/2011 Supply Company. Estimated completion date (Month, day, year) 10/01 /2011 • e • + o �••• r •-s Current number Salaries Number retained Salaries Number additional Salaries 11.00 $419.957.60 11.00 $419,957.60 2.00 $65,000,00 NOTE- Pursuant to IC 6 -1.1- 12.1 -5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values 0.00 Plus estimated values of proposed project 1.510.000.00 Less values of any property being replaced 0.00 Net estimated values upon compWion of project 1,510,QOQ.OQ • • • o 'e + Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other benefits This project redevelops an urban, brownfield land site that has been remediated by the City of South Bend in preparation for redevelopment into a productive building site that will, again, become a taxable entity. This location and building will be an improvement for the operation of ABC Supply Company. A company that is committed to continuing, improving, and investing in their operation on South Bend's near west side. Furthermore, this use is compatible with this site's general industrial zoning and matches the character of other construction industry suppliers in the immediate vicinity to this location. I hereby certify that presentatia s i' this statemen 2e. Signature of authoriz tative �' Tille Date signed (month, day, year) President of Gen. Partner 02/01/2011 ),,/, 1-17 7 Page 1 of 2 We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1 -12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years * (see below). The date this designation expires is S. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate Improvements ❑ Yes ❑ No 2. Residentially distressed areas 0 Yes ❑ No 3. Occupancy of a vacant building © Yes © No C, The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for years* (see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body) 1 Telephone number I Date signed (month, day, year) Attested by (signature and title of attester) i Designated body * If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6 -1.12- 12.1 -4. A. For residentially distressed areas, the deduction period may not exceed five (6) years. S. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20r 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C., 6 -1.1- 12.1 -1, et sect., and South Bend Municipal Code Sec. 2 -76 et seq., for this petition states the following: 1. Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to your business: This is the redevelopment of an urban, Brownfield land site that has been remediated by the City of South Bend in preparation for redevelopment into a productive building site. The new industrial facility, to be located in the Oliver Plow Industrial Park, will be a pre - engineered steel facility with a masonry wainscot on fagade. The new facility will be of high - quality and will match the character of the surrounding industrial uses in close proximity to this parcel. This is a new, improved location and building for ABC Supply Company to run their operation in this region. Land Size +l_ 4.4 acres; Building Size +l- 40,$00 sq.ft. 2. Describe the overall nature of the business and of the operations occurring at the Property (attach additional sheet if more space is needed): ABC Supply Company is a distributor of exterior housing products. They are a primary supplier to the construction industry which will match the current uses which are currently located within the Oliver Plow Industrial Park. 3. Estimate the dollar value of the project (excluding land): $ 1,750,000 „ _ 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: $ NIA 5. (a) The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individuals or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has hied with the Securities and Exchange Commission): NAME ADDRESS INTEREST Oliver Plow Partners, L.P. 227 S. Main Street, Ste. 300 100% (Rev 10/23/06) 1 South Bend, IN 46601 (b) The following other person(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); NAME ADDRESS INTEREST ABC Supply Company, Inc. One ABC Parkway 100% Beloit, WI 53511 6. The commonly known address of the Property is: 515 Oliver Plow Court South Bend, IN 46624 7. The Key Numbers) of said property is: 015 -3061 -2351; However, this property is currently going through the process of a replat and it will be the petitioner's responsibility to provide the final, appropriate key number to the necessary authorities. 5. A legal description of the above address is described below. Lot 2 of Oliver Plow Works First Minor Subdivision; Again, this legal description is going through the replat and recording process. It will be the petitioner's responsibility to report any changes in the final legal description to the necessary authorities. 9. A map and /or plat describing the Property is attached hereto, marked Exhibit B, and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. 11. The redevelopment or rehabilitation project itself will create 2 full -time and 0 part -time permanent jobs within the first year, representing a new annual payroll of $65.000.00 and will maintain 10 existing permanent full -time and 1 existing permanent part -time jobs including existing permanent full -time minority employment of 1 and existing permanent part-time minority employment of 0 with an annual payroll of $484-,953-619, 0/ 1113'l 4,0 12. The projected annual salaries for each new position indicated above are estimated to be as follows (If more space is needed, please attach a separate sheet): Outside Sales - $39,000.00 Warehouse Associate - $26,000 2 (Rev 12/29/06) 13. Provide current employment wage information including; base rate, cost-of-living allowances, hazardous -duty pay, incentive pay including commissions and production bonuses, on -call pay and tips. Do Not Include; back pay, jury duty pay, overtime pay, severance pay, shift differentials, non - production bonuses, and tuition reimbursements (average hourly rate or range): 14. Indicate whether your company provides the following benefits (use Y/1): Y Health Care Benefits N Pension Plan Y Employer Provided Training (recognized or certified training /educational courses or programs) • Day Care (provide or contribute to the cost of child day care for its employees) • Transportation Assistance (provide direct or indirect support and assistance to its employees without private transportation to get back and forth from residence to place of employment) • Employer- Assisted Housing Program (provide an employer - assisted home ownership program) • Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the Community & Economic Development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 15. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: Year Real Property Taxes Personal Property Taxes Not Applicable — This property has been owned by the City of South Bend Redevelopment Commission for the past five years which has made it exempt from payment of property taxes. (this information may be obtained from the St. Joseph County Treasurers office 235 -9531) 16. Please list the number of full -time and part -time minority employees for each of the last three years: (Rev 12129! 06) Full -Time Part-Time Laborers $ 108.101.64 $ Technical $ N/A $ Managerial $ 265 127.04 $ Administrative $ 200 115.99 $ 14. Indicate whether your company provides the following benefits (use Y/1): Y Health Care Benefits N Pension Plan Y Employer Provided Training (recognized or certified training /educational courses or programs) • Day Care (provide or contribute to the cost of child day care for its employees) • Transportation Assistance (provide direct or indirect support and assistance to its employees without private transportation to get back and forth from residence to place of employment) • Employer- Assisted Housing Program (provide an employer - assisted home ownership program) • Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the Community & Economic Development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 15. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: Year Real Property Taxes Personal Property Taxes Not Applicable — This property has been owned by the City of South Bend Redevelopment Commission for the past five years which has made it exempt from payment of property taxes. (this information may be obtained from the St. Joseph County Treasurers office 235 -9531) 16. Please list the number of full -time and part -time minority employees for each of the last three years: (Rev 12129! 06) Year 2008 Full Part Black 2 Hispanic Asian Indian Other 2009 Full Part 2 2010 Full Part 2 17. Does your business maintain an affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: ABC Supply does not maintain an affirmative action plan, however, we do support all of our staff members equally regardless of race or ethnicity. 18. Indicate whether or not your project meets any of the following criteria (contact Community & Economic Development Dept. 235 -9335 for information on this section): • Conversion to residential use of a commercial AEligible Building@ as designated by the Community & Economic Development Dept. • Rehabilitation of a building that is either designated as a National Register or local landmark or is eligible for nomination as one, located in a National Register or local landmark district, or rated as Outstanding or Significant in the most recent Historic Preservation Commission county wide survey. Y Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department N Pays for the cost of cleaning up a Brownfield, which is any site, building facility or complex that has been designated a brownfield by the Community and Economic Development Department. Y Achieves a physical element identified in a development or revitalization plan that has been approved by the Council 19. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (attach additional sheet if more space is needed): No, our business is not based upon the licensing of intellectual property. 20. Does your business financially support a Municipal Facility (i.e. municipally owned park, recreation center, cultural, arts, or entertainment facility)? 4 (Rev 12/29/06) 0 The owner of the building is involved in many different areas of the community and financially contributes to Downtown South Bend, Inc., as well as, Project Future, the Chamber of Commerce, and many other non -profit organizations in South Bend and St. Joseph County. 21. Is your company incurring any of the cost of extension or oversizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (attach additional sheet if more space is needed): No, all utility extensions for this project will be made on the site. 22. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 3 of this application). 23. Information is required on the construction companies that will be utilized for construction of the project. (Please complete the table on page 9 of this application). 24. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owners signature at the end of this application is verification of this statement). 25. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAILS) major group within which the proposed project would be classified, by number and description: 4233 26. The Internal Revenue Service. Code of Principal Business Activity by which the proposed project would be classified, by number and description: 423300 27. The current use of the Property is Vacant Land and the current zoning is General Industrial. (This information may be obtained from the Building Department 235 - 9554). 28. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property) and date of approval. Oliver Plow Partners, L.P. has not received tax abatement before. However, an affiliated company, Holladay Properties, has received tax abatements for other development 5 (Rev 12129106) partnership entities in the past. ABC Supply Company, Inc. has not received any tax abatements before. 29. Other anticipated public financing for the project including, if any, industrial revenue - bonding to be sought or already authorized, assistance through the United States Department of Dousing and [Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business ]Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund, Neighborhood Business Development Corporation, Corporation for Entrepreneurial Development; or other public financial assistance, including but not limited to public works improvements. Funds from the existing Economic Development Area are being sought for site improvements for the facility. 30. The following person(s) should be contacted as Petitioners agent regarding additional information and public bearing notifications: Name: Paul Phair Address: 227 South Main Street, Suite 300 City, State, Zip: South Bend, Indiana 46601 Telephone: (574) 217 -4498 31. Please indicate the name, address, and telephone number of the person who will work with Employment Training Services (ETS) for employee recruitment, and sign the ETS form attached to the petition if the real tax abatement is for warehouse or industrial developments. Name: Larry Shumard Address: 2115 West Western Avenue City, State, Zip: South Bend, IN 46619 -3310 Telephone: (574) 289 -9888 WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South Bend has been paid in full. 6 (Rev 12129106) Name of :Property Owner(s): Oliver Plow Partners, L.P. I: T. Phair City of South Bend, Dept. of Economic Development 7 (Rev 12129106) Q .y al cz c .-. a � � Q � U U O � G O � O O v � p O (LOU) 'd U w � o � a� 0 w � � � o � � U � y Q O td U V � � MI CW U m � O •� w � N rn 'V y PrAW � J ~ U N Q" J O o Z O H U U J 11- N cli L6 0 i C O Z Goal E..{ po O � 4+ 0 U O .0 m O N W a� CL E O U,-:CvC,i t66 -.:666 U O J 0 N N � J ~ U N Q" J '0 is o Z z H U U J 11- N cli L6 i C O Z 0 N N cn cn v� O N C CL N o X J 0 J O' O Z Z O M (C5 o c� C) 0 o is a !— I— (D•D U U J tµ N Cw) o O 3§ O Z i� .0 as'°- �p C p ;~ U a cc R c3 C ° a, R O U ° 0 Q O U C 03 ark- t<f o o v) U , 41 0 d Q u .a w ... 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I C O pY $a s� -P4 t a_sn5 E'a Xz i$ x� Ida y�' � ko h� 6t gv W -K a. i Ap a -.h „x saa6� Zvi e, a3 M O pY $a s� -P4 t a_sn5 E'a Xz i$ x� Ida y�' � ko h� 6t gv W -K a. i Ap a -.h „x saa6� 918 Oliver Plow Court, South Bend, Indiana - Google Maps Page 1 of 1 �§ 918 Oliver Plow Court, near South Bend, St r - Get Google maps on your phone Joseph, Indiana :6 Text the word 'GflAApS "to466g53 httpJ /niaps.google.comliiiaps?f =q &source= s_q &hl= en &geocode = &q =918 Oliver+Plow +C.,. 2/2/2011 n T J us � ! W i1Vezter? Awe T W western Ave y W Western Ave o � V Lr� riwck St 4 v VV so"irF4 st Glare St N EY Font 91 � I n e k f i. POP "� E vo Dunham 6f Prairze Aug .i 02011 Google -Map data 02011 Google httpJ /niaps.google.comliiiaps?f =q &source= s_q &hl= en &geocode = &q =918 Oliver+Plow +C.,. 2/2/2011 TSYffi.. u+wiibbYY �� i { :eta 1 z lac l � YJ f t yyy n9� l t. E i q �� 0, A CITY OF SOUTH BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2 -83.2 of the South Bend Municipal Code, the Petitioner referred to herein agrees to work with WorkOne Northern Indiana, 851 South Marietta Street, South Bend, Indiana 46601, as a condition of receiving property tax abatement. Oliver Plow Partners, L.P. (Owner) - ABC Supply Company (Tenant/Operator) Petitioner's Name Paul Phair Agent's Name Acting on Behalf of the Petitioner Larry Shurnard Contact Person 2115 W. western Avenue Street Address South Bend, Indiana 46613 -33_10 City, State, Zip Code 574 289 -3888 Business Telephone Number Signature of Petitioner cc: WorkOne Northern Indiana Chairperson, Community and Economic Development Committee Department of Community and Economic Development City Clerk's Office 1111 02�.11 -1 1 RESOLUTION NO. -11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND RECONFIRMING AN ECONOMIC REVITALIZATION AREA DEDUCTION FOR MC CORMICK & COMPANY, INCORPORATED WHEREAS, on July 2, 2010, McCormick and Company, Incorporated filed an original Form SB -I Statement of Benefits in connection with its application for personal property tax, abatement on proposed new investments in a building addition and new manufacturing and logistical distribution equipment at its industrial location at 3425 West Lathrop Drive in South Bend; and WHEREAS, the Common Council of the City of South Bend approved that Statement of Benefits, as revised on January 4, 2011, and designated the area commonly known as 3425 West Lathrop Drive as an Economic Revitalization Area, all in accordance and as more particularly described in Resolution No. 4076 -11; and WHEREAS, the Economic Revitalization Area continues in existence and will be designated as such under that Resolution until July 25, 2012; and WHEREAS, McCormick & Company is in the process of implementing its project and has already met and exceeded the estimates for employment and wages and is making a good faith effort to meet the estimates for the investment and as set forth in the revised Statement of Benefits; and WHEREAS, McCormick & Company is interested in making additional investments in new manufacturing and logistical distribution equipment as more particularly described in the Amended Statement of Benefits, dated February 3, 2011, which has been filed with and submitted to the Common Council for its consideration of five year personal property tax abatement on the new investments described therein. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. In compliance with IND. CODE § § 6-1.1-12.1-4.5(b), the Common Council hereby finds that: a. The estimate of the cost of the proposed new manufacturing equipment and new logistical distribution equipment is reasonable for property of this type. b. The estimate of the number of individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of the new manufacturing and logistical distribution equipment. C. The estimate of the annual salaries of the individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new manufacturing and logistical distribution equipment. d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing and logistical distribution equipment. C. The totality of the benefits is sufficient to justify the granting of the requested deductions. SECTION 11. The Amended Statement of Benefits, dated February 3, 2011, is hereby approved and the installation of new manufacturing equipment and new logistical distribution equipment as described therein are eligible for deductions from assessed value of the property as per I.C. § 6 -1.1- 12.1 -1 et seq. for a period of five (5) years. SECTION 111. Except to the extent amended as set forth herein, Resolution 4076 -11 shall continue in full force and effect. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ADO T -,. Member of the Common Co cil Filed in Clork's 0111CO JOHN voohoE c;f airy CLERK, souT m BEND. IN 1200 Cows -Cm BUILDING 227 W. JEFFERSON BoumARD SOUTH BFND, INDLwA 46601 -1830 February 4, 2011 PHONE 5741235 -9371 Fax 5741235 -9021 CITY OF So TTH BEND STEPHEN J. LUECKF, MAYOR CommuNiTr & ECONOMiC DEVELOPMENT .JEFFREY V. GIBNEY ExEcuTin DIRECTOR Council Member Timothy A. Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Designation Increase for: McCormick & Company, Incorporated Dear Council Member Rouse: Please find attached a letter from Ms. Deidre Cassidy, Director of State and Local Tax for McCormick & Company, Incorporated. The letter contains a request for an increase in the amount of the company's five year personal property tax abatement granted by the Common Council through resolution #4076 -1 Ion January 24, 2011. The original amount requested, as amended, was $1,362,173. They are planning to move an existing brand of products from a co- packer to a company owned facility. The estimated cost in equipment to set up the new operation is $6,774,426. They are considering their South Bend facility for this move. As a result, they are asking that the amount of their personal property abatement by increased by $6,744,426 to a new total of $8,136,599. The abatement's Economic Revitalization Area designation has an expiration date of July 25, 2012, which allows time for the move to be carried out. With this increase the total taxes abated and paid will increase from $10,073 and $103,084 respectively to $125, 205 and $550,707. It should also be noted that the company had planned to increase employment by five positions under its abatement as currently approved. However, it has already increased total employment by 10 positions to a new total of 133 jobs and total wages have gone from $6,288,988 to $6,718,833 for an increase of $429,845 (the projected increase was $177,247). With the proposed move the company would add an additional 14 positions and increase wages by another $483,101. The request requires a reconfirming resolution from the South Bend Common Council. In addition to Ms. Cassidy's letter, I have attached a copy of a revised Statement of Benefits (Form SB -1) and a COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINaNc1.A.1. & PROGRAM PAMELA C. MEYER DoKALD E. INKS MANAGEMENT 574!235 -9660 574/235 -9371 ELLZABVfH LEONARD FAX: 5741235 -9469 5741235 -9371 South Bend Common Council RE: Tax Abatement for McCormick and Company, Inc. February 4, 2011 Page 2 copy of the estimated Personal Property Tax Abatement Schedule for your review. Copies of the original staff report and tax abatement petition are available upon request, A representative of McCormick & Company will be available to meet with the Committee and answer any questions on Monday, February 14, 2011. Should you or any of the other Council members have any questions concerning the request 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 MCWRMiCK& COMPANY INC 16 LOVETON CIRCLE, SPARKS, MO 21162.6000 USA ITFL (aro) 771 -7301 FAX (4101 771 -7462 February 3, 2011 To Whore It May Concern: McCormick and Company would like to request a confirming resolution from the Common Council to increase the dollar amount approved for their personal property tax abatement. McCormick is considering increasing the size of their investment in personal property located at 3425 West Lathrop Drive; South Bend, Indiana 46628 from $1,362,173 to $8,136,599. The total amount of the increase is $6,774,426. The increase is due to the fact that we are considering moving an existing brand of products from a co- packer to a company owned facility. The investment would include additional packaging equipment allowing us. to sort, fill, wrap and palletize plastic bottles for liquid marinades. This in- sourcing of manufacturing is expected to create approximately 14 additional jobs irli the state of Indiana with estimated annual salaries of $483,101. Thank in advance for your support on this project. If you have questions, please feel free to contact me at 410 - 771 -7381. Sincerely, Deidre Cassidy Director of State and Local Tax STATEMENT OF BENEFITS AMENDED Pp�M se -i / PP PERSONAL PROPERTY State Form 51764 (ti 11-06) Prescribed by the Department of Local Government Finance PRIVACY NOTICE The cost and any sperifc individual's salary inforrristion is ootNiden 1 the balance of the flfi is public record INSTRUCTIONS.- r IC 6.1.1- tz.,"�, (c and d. 1, This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires infOrmetion from the applicant in making Its decision about whether to designate an Economic Revitalization Area. Otherwise this statementmusf 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 andlorinformatlon technology equipment for which the person wishes to claim a deduction. Frulects "planned orcommitted to after July 1, 1987, and areas designated atterJuly 1, 1987, require a STATEMENT OF BENEFITS, #C64.1-f2.1) 2. Appro val of the designating body (City Council, Town Board, County Council, etc.) must be obtalned prior to installation of the nawmanufacturing equipment /orrich and development equipment and/or logistical distribution equionnenl 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 retum 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 andlor logistical distribution equipment and/or information technology equipment is installed and fully functional, unless a riling extension has been obtained. A person who obtains a filing extension must rile the form between March 1 and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF -1 / PP annually to show Compl lance with the Statement ofBeneflfs. (lC6f.1- f2,t -5.fi} 5. The schedules established under IC t3 -1.1- 12.1- 4.5(d) and (e) apply to equipment Installed after March 11 2001. For equipment installed prior to March 2, 2001, the schedules ends tatutas in effect at the time shall continue to apply. (IC 6 -f. i -72.1 4.5(f) and (g)) Name of taxpayer McCormick and CoTn any, Inc. Address of taxpayer (number and street, city, state, and 21P code) 18 Loveton Circle, Sparks, MD 21152 Name of contact person Telephone number number Deidre Cassidy (410) • a •a Name of designating body Resolution number (s) Location of property County DLGF taxing district number 3425 West Lathrop Drive, South Bend, IN St. Joseph Description of manufacturing equipment and/or research and development equipment andlor logistical distribution equipment and/or Information technology equipment. EST #MATE#? (use additional sheets ffnecessary) START DATE COMPLETION DATE We are expanding the investment in personal property Manufacturing Equipment 09101/2030 01/01/2012 through the purchase of additional packaging equipment R u D Equipment allowing us to sort, fill, wrap and palletize plastic bottles Logisl Dist Equipment for liquid marinades. IT Equipment Current number Salaries Numberratained Salaries Number additional Salaries 133 6,778,833.DD 133 , 6,T18,833.00 14 .. 483,101.00 Mandl I 41111M •• . - . NOTE: Pursuant to IC 8-1.1 - 12.1 -5.1 (d) (2) the MANUFACTURING R g 0 EQUIPMENT EQUIPMENT LOGIST DiST IT EQUIPMENT COST of the n ASSESSED i; property is oo 1dential, COST ASSESSED Please sae attachment COST E UiPMENT COST ASS ASSESSED VALUE VALUE Current velUBB UE� COST VALUE 20,e09,sa2.a0 7,439.430AU Plus estimated values of proposed project r,960,66SAf1 605,405.00 22$,674.00 58 605,a44A0 Less values of any property being replaced o,� Net estimated values upon completion of project 12agail.e47.no Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other beneilts: None with current project. Wast water facility previously built to treat H2O I hereby certify that the representations in this statement are true. Si ultr re resentati Title Date signed (morrHr, day, #rear} Director - state s Local Tax a [- J I I 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 9.t- 92.1 -2.6, 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; ❑Yes N o 2. Installation of new research and development equipment: ❑Yes nNo 3. Installation of new logistical distribution equipment. ❑Yes [:] N o 4. Installation of new information technology equipment; ❑Yes ❑ N o C. The amount of deduction applicable to new manufacturing equipment is limited to S 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 andlor new research and development equipment andlor 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 06 years "" For ERA's established prior to July 1, 2000, a oy a ❑2 years ❑7 years 5 or 10 year schedule may be deducted. ®3 years 1J8 years ❑4 years ❑ g years [I5 years" ❑10 years" Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectatlons are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above, woved: (signature and title ofWhorired member) Telephone number Dale signed fmonth. day, year) body ' If the designating body limits the time period during which an area is an economic revitalization area, It does not fimit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.1- 12.14.5 McCormick and Company, Inc. Attachement to 88-1 Statement of Benefits - Personal Property Section 4 - Estimated Ttotal Cost and Value of Proposed Project Current Values have been estimated as follows: Value on original SB -1 Estimated value of proposed project on Original SBA Estimated value of proposed project on Amended SBA Total Estimated Current Value 21,495,397 7,888,104 1,362,173 6,774,426 8,136,599 29,831,996 7,668,104 0 0 r` a r0 �t N W a et O 1` M o N co a LD a Lo Lo m to Lo w m LO M N A N r In r Ef) co h v N C7 co N _ COOCQ0C � ~ M ce) (4) M O T- � oe a a fl0 co CO 'c! sY 1� I� d• y x A N r U) N c 3 m cco I 00 co 1 C �- V r r � 'C-103 fD ai rn ai 4i D'i �t�O_O�D VM LMj�M MCOa -COf� t7MctMM a� a0 pQ Cl) 0) � r o a M ��O)COCO Lo o N o a T r- � Lp o N MCfA Eo CO CD tiND) 0) t- W �� CO 00Ni -r r` N co a tt Ln o (D N Cy a e7 ro M N Q CO CO N t- O - m < CA Lq u] M C7 �Ljrf+M N N t0 ttooti0c0 QQ't * • �' Cii ca CJCA o o Nl N C> O) CD a) Od pdtoCG W a N tto aCO O0CEO W X N Oi N 6i N ♦� W �y C,) 1- Lo Sts (D 00 a) N r M Lo -t M M Cl) LO to ,- z ro m WM ro N t- OD <0 } It E°i�� tD r to 000 a tD CO t3') tt) 7 CO OD to M t- M a' O 03 �MNCAt- M v V Cl) M O !'- CO r` v C7 W L) N �vl 0 111 CU 0 O i- o o I 't ad V• o CD a o N �- M 3 U N 0h0 r M N N o 0 d a rr Cr O CV r` f+ m M r N X z Ln j JE, O tD 00 107 L() to to V: tm M N M CO 1- ""` fq W „d CQ N N tD K' Cl) M co M Lo r .- r .- r (p �- x r� co �� m o -- x v�tvN?.. a ff° C) rr`- otir° to n r- r- r r• r- r�r�NN ti Ln a� L. _ a_ U�c°OO two ? tO))1a -CWD raic�rs� x~ ooaDmctioa M .X% O QCD Co v Cl) `'N N N NNNNN m M Q ro o > U m N2 � 2 ro }� 0000 a NNNNN m vl co L0 O o o >•, ?, T Ate. 'C3 0 n °air, aaaaa m 'P M z a� d r a s d c y Z M a 0 F- T N E a cu v rn m w m > ° d m - Nk C L T CD c 0 c to � o m ...,. to CL 1p m ro D E -0 XX °G roro ro 0 w CO X y m mw t1 m U �t O -� is m Qi > I- t+ .([.S at m to c` 0 � � '- y N N y X m co y to N N rh C le N aQ.0 G 0 _ X 7 ro L Q1 U�U V R7 Q a Z �U sS W uroi to o m U m ¢ o U 3 .°1.r -11 � Office ®f the City Clerk John Voorde, City Clerk February 7, 2011 Derek D. Dieter, President South Bend Common Council 227 W. Jefferson RM 455 South Bend, IN 46601 Dear Mr. Dieter, This application for the operation of a new Scrap Metal / Junk Dealers / Recycling Operation has been received. In accordance with the procedure for the renewal of city business licenses this application was submitted to the Police Department, Fire Inspection Bureau, and Department of Code Enforcement for inspection. The following property was inspected: Republic Service of Indiana LP 2500 Greentech Dr. and has received favorable recommendations regarding police, fire, and code enforcements' environmental compliance; also for proper maintenance of the premise and area outside the fence, and the height and condition of the fencing. Because the applicant has met all of the requirements of the ordinance, the attached resolution is respectfully submitted for your consideration. I will be present at both the committee meeting and the public hearing. I can be reached 574 -235- 5935 or whays @southbendin.gov if there are any questions or concerns before that time. Sincerely, Winona Hays Clerk, Ordinance Violation Bureau 455 County-City Building *227W Jefferson Blvd -South Bend, Indiana 46601 •5741235 -9221 -Fax 574/235 -9173 • TDD 5741235 -5567 Mary Beth Wisniewski Janice Talboom Winona Hays Chief Deputy Deputy Ordinance Violation. Clerk LICENSE APPLICATION FOR SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS CITY OF SOUTH BEND,. INDIANA South Bend Municipal Code Section 451 Check One: V NEW RENEWAL BUSINESS DATA A_ Type of license applied for. SCRAP METAL DEALER JUNK DEALER RECYCLING OPERATION 9F-' 6 r,4,�tD A-) B. Business Name ��¢���Lf!e.�i�..� ,,. `V , L.P��/�„� C. Business Address D C> " City _ State _.� Zip D. Mailing Address (If different from above) City State Zip E. Business Telephone Number 0 F. Business Fax Number 14;`"R — 2—z (�; G. E -mail Address /f RL-Q k C 0 H. Zoning of proposed location 1. Lot size of premises 10 -0 '4- C_ J. Type of fencing used Please Continue to Page 2 (back of sheet) F ®r;Offace Use Only _ r.. A Filed _ - 1 . mown . Applicat�Q! g' Fee' Paid : - Police Dept. = Records. y =Sent to De p ar[ments . - - `- P - P ®lice Dept: - Crime'Prev. - Flre2Depa.rtment w co Council Approval: >:Codt 'Enforcement _ -_ J.- Lieense Fee ?aid; License`Number AI." "APproved Reason: Scrap Metal Dealer /Junk Dealer /Recycling Operation License Application Page 2 K. Are premises: Leased by applicant 41_ owned by applicant? If leased: Name of owner Business address Ill. PERSONAL DATA A. Applicant's Legal Name Af I e( P- m0 e–e (S B. Residential Addresses Z. Z-- sr" JI gggg�� city -- -�� J � e.�"�..,,.,..,_„ Slate X A) Zip C. Residential Telephone Number q-'> D. SSN ep ^j r Ge— E. Date of Birth 10 IV. INCLUDE, WITH APPLICATION, A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE, AND LANDSCAPING. V. INCLUDE, WITH APPLICATION, A $5.00 PROCESSING FEE VI. AFFIRMATION 1, hereby, certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that 1 have in no way attempted to mislead the City in this application by omitting facts known to me. I have read. and understand the regulations of the Scrap Metal Dealer /Junk Dealer /Recycling Operation/Transfer Station license found in the City of South Bend Municipal Code, Section 4 -51. Signature Date Iqf 1 G f� A 6 A M /�1 N \i �ell.✓�P.� -x.� %- .t�� /�c�'��v S � "�: 7-W' �✓.2f -�--y �.. /r �v ci �-. L-, C,._ I rw w r 4 0 o R O m� o u y b N 9 Winona Hays - Re; Republic Services on Indiana LIP d� ". �`; ":: `'"t•�:f `51' P:':,+�. x: 1'E�.',±g!h'6 ttpS235isv *w��Tt Bif'! F!' i' ShK. p ?'£Fa(iY".lP"4VK'R`=cne{'rSkq�* 2�'YWiK From: BRIAN HAYGOOD To: Winona Hays Date: 1/201201112.04 PM Subject: Re. Republic Services on Indiana LP Yes Winona it's okay with code. -Brian >>> Winona Hays 1/20/201111:12 AM >>> Hello all, �Obt_' Page 1 of 1 This company is under the umbrella of Greentech Transfer. They use the same equipment and space, but is owned by a different person. I talked with Ann -Carol Nash and she agreed that the approvals for Greentech can be applied to this company, I just needed to check with each of you if this would be acceptable. I would like to file this application for the Feb. 14th council meeting, so replies are needed by Feb 4th. Thank you for your time, Winona Hays Clerk, OVS 227 W. Jefferson Blvd, Rm 455 South Send, IN 46601 574 -235 -5935 whaV@southbendin.gov file : //C oocuments and Settings\WHAYSTocal Settings lTemPlXPgrpwisel4D3824E9SO... 1/20/2011 Page I of I Winona Hays - Re: Republic Services on Indiana LP From: Aaron Cassel To: Winona Hays t. Date: 1/20/2011 1:45 PM Subject: Re: Republic Services on Indiana LP Im fine with that >>> > W[nona Hays 1/20/201111:12 AM >>> > Hello all, This company is under the -umbrella of Greentech Transfer. They use the same equipment and space, but is owned by a different person. I talked with Ann-Carol Nash and she agreed that the approvals for Greentech can be applied to . this company, I just needed to check with each of you if this would be acceptable. I would like to file this application for the Feb. 14th council meeting, so replies are needed by Feb 4th. Thank you for your time, Winona Hays Clerk, OVS 227 W. Jefferson Blvd, Rm 455 5outh Send, IN 46601 574-235-5935 whays@southbendin.90 fileWCOocuments and Setdngs\VdUyS\Loca1 Settings\TemPWgrpwise14D383C95SO... 1/20/2011 Page 1 of 1 Winona Hays - Re: Republic Services on Indiana LP From: Stephen Goen To: Winona Hays /` Date: 1/20/20111.31 pM" Subject: Re: Republic Services on Indiana LP I have no objections to that This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. (Fatal Alcohol Crash Team South Bend Police Department . Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235 -7515 (574) 235 -7538 >>> Winona Hays 1/20/201111:12 AM >>> Hello all, This company is under the umbrella of Greentech Transfer. They use the same equipment and space, but is owned by a different person. I tallied with Ann -Carol Nash and she agreed that the approvals for Greentech can be applied to this company, I just needed to check with each of you if this would be acceptable. I would like to file this application for the Feb. 14th council meeting, so replies are needed by Feb 4th. Thank you for your time, Winona Hays Clerk, OV8 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574- 235 -5935 whgys@southbendin.gov fle://O:1Documents and SettingsMHAYSTocal Settings lTempWgrpwisel4D383928SO... 1/20/2011 LICENSE APPLICATION FOR CITY OF SOUTH BEND,, INDIANA South send Municipal Code Section 4 -51 I. Check One; NEW RENEWAL IL BUSINESS DATA A. Type of license applied for. SCRAP METAL DEALER JUNK DEALER r�RECYCLING OPERATION 9- 7;e.FrvS; f e, S 1A_Wj> A) B. Business Name C. Business Address C� - City State D. Mailing Address (if different from above) City State Zip E. Business Telephone Number F. Business Fax Number G. E-mail Address �r car p O H. Zoning of proposed location 1. Lot size of premises A: C. J. Type of fencing used Please Continue to Page 2 (Fuck of sheet) Apip)..Fon0 ation Filed Application, Fee,, Paid,` ..; Sent' to Departments Mat P..olice:0e 'Records' CoMM-On`Gouncil Approval; License>F ®e laid, License, Number. .