Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
02-28-11 Council Agenda & Packet
AGENDA SOUTH BEND COMMON COUNCIL MONDAY, FEBRUARY 28, 2011 7 : 00 P.M. 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 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 I OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING THE COMMON COUNCIL 87-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE 2010 SALARY ORDINANCE TO AUTHORIZE NEW POSITION TITLES AND . SETTING THE MAXIMUM SALARIES TO BE PAID TO CERTAIN NON BARGAINING EMPLOYEES 8 . BILLS, THIRD READING TIME: BILL NO. 84-10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING . WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CENTRE TOWNSHIP, CONTIGUOUS THEREWITH, COUNCILMANIC DISTRICT NUMBER 5, THOMAS W. & JANE M. HENRY, 61175 MIAMI RD. SOUTH BEND, INDIANA 46614 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 87-10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE 2010 SALARY ORDINANCE TO AUTHORIZE NEW POSITION TITLES AND SETTING THE MAXIMUM SALARIES TO BE PAID TO CERTAIN NON BARGAINING EMPLOYEES 9. RESOLUTIONS BILL NO. 11-13 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3849 SHOWERLUX DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND GEAR, LLC I1-14 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 5102 DYLAN DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GLOBAL PARTS NETWORK, LLC 11--15 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, IN OPPOSITION TO SENATE BILL 590, CURRENTLY PENDING IN THE INDIANA GENERAL ASSEMBLY, WHICH PROPOSES NEW REGULATIONS ON THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS, CHECKING THE CITIZENSHIP OR IMMIGRATION STATUS OF INDIVIDUALS AND RELATED MATTERS 11-16 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING POLICIES AND FORMS OF RESOLUTIONS TO BE USED IN CONNECTION WITH THE CONSIDERATION OF THE GRANTING OF A PROPERTY TAX EXEMPTION PURSUANT TO INDIANA CODE 6-1. 1-10-44 FOR QUALIFIED ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT 11-17 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY . AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 10 . BILLS, FIRST READING BILL NO. 06-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $1, 500, 000 . 00 FROM STATE GRANT FUND (#210) AS THE OPERATING ENDOWMENT FOR THE RAY AND JOAN KROC CENTER 07--11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $2, 000, 000 FROM MAJOR MOVES FUND (#412) AND THE SUM OF $400, 000 FROM SEWAGE WORKS CAPITAL FUND (#642) , FOR TOTAL APPROPRIATION OF $2, 400, 000 FOR THE PURPOSE OF INFRASTRUCTURE CONSTRUCTION AT THE TRIANGLE PROPERTY PROJECT SITE 11 . UNFINISHED BUSINESS A. REPORT FROM AREA PLAN COMMISSION 1. BILL 03-11 - REZONING - 5032 MIAMI ST 12 . NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. agoUTH City of South Bend Common Council t 1865 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321 South Bend,Ind.lana 46601-1830 Fax (574) 235-9173 http://www.southbendin.gov Derek D. Dieter Members of the Common Council February 23,2011 President 4t'Floor County-City Building Oliver J. Davis South Bend, Indiana 46601 -- Vice-President ,,. ,..,.,.,._. _.......� . Re: Bill loo. 75-10 Electronic Communication Devices & Public Meetings Timothy A. Rouse Chairperson, Committee Dear Council Members: of the Whole Derek D. Dieter As you are aware, we are continuing to work with the City Administration on First District developing fair and responsible regulations which address electronic communications received and sent to individuals who sit on a City board, Henry Davis, Jr. commission, Common Council and similar city entities while their particular meeting Second District is in progress. Thomas LaFountain Internal discussions are involving the sponsors of the Bill and several individuals Third District representing the City Controller's Office and the Legal Department, as well as key Ann Puzzello individuals in IT, and the Human Resources Director. IT has been in contact with Fourth District other IT municipal departments which have policies in place, which are similar to those being considered. We are also carefully reviewing legal decisions handed David Varner down by the federal District Courts of Appeals, as well as from the U.S. Supreme Fifth District Court, which have addressed Fourth Amendment constitutional issues involving text Oliver J. Davis messaging and other electronic equipment used in a governmental setting. Sixth District So that this needed research and-analysis can continue, and so that the Council and Al "Buddy' Kirsits the Administration can have the time necessary to discuss the proposed regulations, At Large we respectfully request that Bill No. 75-10 be continued until the March 28" Common Council meeting. We also believe it should remain in the Information & Timothy A. Rouse Technology Committee and the Council Rules Committee for review and At Large recommendation. We anticipate that a substitute bill will be drafted. We believe that this additional time will result in each of you being able to carry out your due Karen L. White diligence requirements in order to review and discuss the regulations. Thank you for qt Large your consideration. Derek D. Dieter David Varner, Chairperson Council President Information and Technology Committee cc: Office of the City Clerk 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 I 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 fling of substitute Bills with the Office of the City Clerk; the inclusion of signatory areas for the Cleric 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 '54 w /& 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, and pagers PDA or an other 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 ro ess. Electronic devices, including type of electronic communications device not li e in the possession of a ouncil Member A y other must b e turned off or put in silent mode during all Common Council Meetings, all Standing Committee Meetings, or any other meetings called under the Indiana Open Door provisions.Texting, emailing and anv other forms of electronic communications by a Council Member while a meeting is inprogress and while in aaCouncil Member Council he shall SedCtion 2�10on aothis section max subject Y.....,_ sanctions set Section ,... the South Bend Code. Municr al,,,..� Section I1. 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 Council Atteniey, 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: (l) 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 III. Chapter 2, Article 1, Section 2-10 (k) of the South Bend Municipal Cade is amended to read as follows: (k) Sanctionv: Upon finding that a Council Member-respondent violated the code of conduct of the Common Council; or if a Council Member violated any 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 any other provision of this Code, that he or she resign from his or her office of GYH�Council Member, (5) Refer the matter to the County Prosecutor's Office for appropriate action; er (b) Refer the matter, by a vote of two-thirds (2/3) of the Council for expulsion from the Common Council. ;_or (7) Subject the Council Member-respondent or a Council Member who violated an other provision of this Code to a minimum ordinance fine of not less than twenty-five dollars 25.00 er violation and loss of further consideration of an travel "r motional and instructional monies addressed in Section 2-2 1 of this Code for the remainder of the calendar year. Section IV. 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. Derek D. Dieter, Council President Karen L. White, Council Member Ann Puzzello, Council Member Timothy A. Rouse, Council Member John Voorde, City Clerk Council Procedures Ordinance Page 4 oe-wn lby me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the day of , 2010, at o'clock . m. Janice Talboom, Deputy Clerk r'Cr��r)iw1 avid atkno!by me on the day of , 2010, at o'clock .m. Stephen J. Luecke Mayor of the City of South, Bend, Indiana office I t R:MA D n;; N'0'v 7 2010 PUEJLC 3rd R ^DNG h,O f APPROVED C]TY r,LE K; `•'' ' kEFF"'RED _. PASSED pU TI{ �%x City of South Bend. Common Council 1865 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 TDD (574) 235-5567 Presidennt t Derek Dieter http://wwwsouthbendin.gov Oliver J. Davis Vice-President November 17, 2010 Ann Puzzello Members of the Common Council Chairperson, Committee 41h Floor County-City Building of the Whole South Bend, Indiana 46601 Derek D. Dieter Re: Regulations Governing Council Members First District g g Henry Davis, Jr. Dear Council Members: Second District In the interest of observing the highest standards of conduct in carrying out the Thomas LaFountain official duties as an elected member of the South Bend Common Council, the Third District Council periodically reviews its governing regulations. For example, in 2004, the Ann Puzzello Common Council passed Ordinance No. 9504-04 which amended Section 2-8 of the Fourth District South Bend Municipal Code by including the following provision: "Persons in the 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 technology and to broaden its application to meetings of the many Standing Sixth District Committees of the Council. ABuddy' Kirsits 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 i 1 l cn Congress" It noted among other things that: e "...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 1 7,2010 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 reaching] 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 . WhiteAC- uncill Member L, ge A n zzello, 4 District Council Member Timothy A. Rouse, Council Member at Large 5()U Tg City of South Bend Common Council 1865 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1530 Fax (574) 235-9173 TDD (574) 235-5567 Presidennt t Derek Dieter http://www.southbendin.gov Oliver J. Davis Vice-President February 9, 2011 Ann Puzzello Members of the Common Council Chairperson, Committee 4th Floor County-City Building of the Whole South Bend, Indiana 46601 Derek D. Dieter First District Re: Bill No. 75-I0 Henry Davis, Jr. Dear Council Members: Second District I respectfully request that Bill No. 75-10 be continued until the February 28th Third strict twin Common Council meeting, and remain with the Information and Technology Third District 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 ly, C - F1i6Yn clerk"S ' ft Derek D. Dieter Council President rD cc: Office of the City Clerk JOHN VOORDE CRY CLOG Kf K®UT-N PEND, i ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE 2010 SALARY ORDINANCE TO AUTHORIZE NEW POSITION TITLES AND SETTING THE MAXIMUM SALARIES TO BE PAID TO CERTAIN NON BARGAINING EMPLOYEES STATEMENT OF PURPOSE AND INTENT On September 8, 2010 the Administration submitted Bill 59-10, an ordinance Fixing Salaries and Wages for Appointed Officers and Non Bargaining Employees of the City of South Bend, Indiana for fiscal year 2011. The Common Council slid not pass Bill 59-10 at its meeting on September 30, 2010, and accordingly, appointed officers and non bargaining employees of the City are subject in 2011 to the salary ordinance #9959-09 for calendar year 2010 passed by the Common Council on September 28, 2009. It is now necessary to amend salary ordinance 49959-09 in order to approve certain employee positions which either did not exist in 2010 or for which the description has been altered by increased duties. This amendment will not affect the City 2011 budget appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Ordinance #9959-09 is hereby amended to include the following employee positions and the stated salaries: Department Position Amended Salary Ordinance Admin Secretary of Board $45,682.00 CED Deputy Director CED $70,018.00 CED Planner Senior $53,664.00 CED Property & Collections Manager $47,970.00 Finance Reengineering Project Manager $60,008.00 Finance Business License Administrator $34,450.00 Finance Assistant City Controller $67,314.00 Safety Safety & Risk Manager $49,062.00 Human Rights Intake Officer Investigator $32,500.00 Police Crime Lab Firearms Examiner $51,714.00 Public Works CSO Operations Manager $58,396.00 Public Works Director CSO Project Management $71,292.00 Public Works Division Director Wastewater $71,292.00 Public Works Deputy Director Water Distribution $50,096.00 Public Works Water Customer Service Manager $46,358.00 Parks Superintendent III $46,358.00 Parks Forester $52,520.00 Parks Zoo Veterinarian $54,470.00 The Water Works is authorized to pay$0.30 per hour to water technicians to monitor water flow distribution data during off duty hours. Section II. Upon approval by the Common Council and signature by the Mayor this Ordinance shall be effective retroactive to January 1, 2011. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock m. City Clerk Approved and signed by me on the day of 2—, at o'clock —m. Mayor, City of South Bend F:IDATAISHARE1 Lega]NWpdatalAMD%Ordinances12010 Amended Salary Ordinance Non Bargaining 12 01 2010.doc FFi Office 'w tin in C�nrk S i A 6 2011 t P FA M N Gj t r4i:4 VOORDE 1,IE FERRED PA55ED COUNTY-CITY BUILDING PHONE 574-235-9216 227 W.JEFFERSON BOULEVARD p1;3 T B FAX 574-235-9928 SOUTH BEND,IN 46601 O x 865 �r CITY OF SOUTH BEND STEPHEN J.LUECKE,MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D:ZIENTARA, CITY CONTROLLER January 6, 2Q11 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Substitute to Bill 87-10 Ordinance of the Common Council Authorizing Certain New Position Titles and Setting the Maximum Salary Compensation to be paid to Certain Non Bargaining Position Amending the 2010 Salary Ordinance for Non Bargaining Employees Dear President Dieter: On December 6, 2010, City Administration submitted Bill 87-10, for the purpose described in the subject matter to this correspondence. Herewith, City Administration presents a Substitute to Bill 87-10 to incorporate certain additional positions whereby salary"equity" discrepancies exist due to changes to position roles & responsibilities subsequent to the original filing of Bill 87-10. This correspondence will provide the specifics of the additional positions added to Substitute Bill 87-10. The original December 6 Bill filing included the following information as follows: "City Administration submitted Bill No. 59-10, proposed Ordinance Fixing Salaries and Wages for Appointed Officers and Non-Bargaining Employees of the City of South Bend for Fiscal year 2011, on September 8, 2090. Bill 59-10, as amended on September 23, and September 29, for reading and vote at the September 30, 2010 Council Meeting was defeated by Council vote at the September 30, 2090 Council Meeting. As a result of the defeat of bill 59-10, the 2090 Salary Ordinance for Non-Bargaining and Appointed Officers will continue in force during 2011, unless amended by Council action. At the September 30 Council meeting, certain Council members requested that City Administration submit a new bill for 1St Council read at the December 13 Council Meeting with 2"d read, public hearing, 3'd read and Council vote at the 1St Council meeting in 2011. This bill would include City Administration request for new titles, new positions and certain position salary compensation levels increased from the 2090 Salary Ordinance compensation level for positions where job responsibilities have increased beyond the job responsibilities defined in the 2010 Salary Ordinance. Therefore, the salary ordinance bill submitted herewith includes City Administration request for changes to the 2090 Salary Ordinance as follows. The following chart identifies the requested position change, current salary, if applicable, of the incumbent, current 2010 authorized maximum salary and the requested change to the 2010 authorized maximum salary, with appropriate comment of explanation." Subsequent to the filing of Bill 87-10, City Administration has identified certain other non-bargaining positions where salary compensation "equity' differences exist for specific positions and as such we wish to amend Bill 87-10 to incorporate these"equity' amendments into the subject Bill. Following are the non-bargaining position salary ordinance requests per the original filing on December 6, 2010, which are consistent with the Council discussion during the September, 2010 non-bargaining salary ordinance review. 1 . Org Position 2010 2010 2010 Comment Ref Title Salary Salary 1 Salary i ' In position I Ordinance Ordinance 3 {L.._ecret_.ry Current ` Proposed Existing si and Board to Public Safe Admin Secrets of Board 38,974 39,729 45,882 Existin position as Secrets of Board of ty. Increased authority to pay salary is I ' commensurate with job responsibilities and i i I decision authority CED Deputy Director CED 65,702 67,011 ; 70,018 New position reflecting increased job i i responsibilities of former Director Economic Development. Former position will remain _..-. ........ _...-__ -..__..... active,however,unfilled. I CED ; Planner Senior 47,840 48,793 53,664 i New position title at high end of CED planner f job ladder 1 step above Planner VI CED Property&Collections Manager 45,175 48,793 47,970 I New title—change to reflect lob title consistent ! with job duty & responsibility. Incumbent is Planner VI i n I Unfilled 2610 position—redefined job duties& Finance Reengineeng Project Manager Open I 53,581 � 60 fl08 , responsibilities of former Internal Auditor I position. Internal Auditor position will be deleted active position titles Finance Business License Administrator 28,418 'i 33,936 i S4 450 Title change from Accounting Clerk to reflect i 1 _ ..... I title commensurate with job purpose&duties Finance Assistant City Controller 63,258 66,300 ; 67,34 ! Title change from Director Public Works Y Y 9 Finance to reflect title commensurate with job duties&responsibilities Safet Safety&Risk Mana er 48,280 i 48 170 ' 4__9-,_06_2_- 9 082 Existing position with increased job duties & responsibilities HRights Intake Officer lnvesfigakor 30,420 31,014 ; 32,500 Existing position with increased job duties & i responsibilities Police Crime Lab FireArms Examiner n/a nla 51,714 New position formally performed by sworn Officer. Creation of this position will free up 1 sworn officer position for new hire in 2011 I 58,396 € Existing position with increased lab duties & Pworks CSO Operations Manager 52,728 53 778 ; p g _ responsibilities(Wastewater] Pworks ' Director C50 Pra'ecf M mt 68,874 7Q 227 ? 71,292 New position (former Director Environmental ! 9 I Services) created to lead CSO long term I project. Former position will be deleted from active position titles Pworks Division Director Wastewater 64,792 * fi6 065 71,292 1 New position (former Director Wastewater) a i [ ! created to replace Director Environmental i Services. Former position will be deleted from ' active position titles The following positions represent the additions/amendments included in Substitute Bill 87-10. Org ' Position 2010 2010 ! 2010 1 Comment Re€ Title ! Salary Salary Salary I to position Ordinance Ordinance __...._._.... _ Current Proposed Pworks I Deputy Director Distribution i tila nla i 50,096 Reinstatement of position in water i 1 construction & meter department vacated 2 i years ago. i responsibilities. Position responsible for maintenance at Erskine Golf Course(existing) and Studebaker Golf Course(new) rks- `1 'F"o-re's-t'ar-' 51,733 Existing position with increased job duties & rk nanan 53,676 54,470 Existing position. Set compensation at fair I market equity level commensurate with job 1 duties and responsibilities (Still well below '510 43,334 46,358 Existing position. Set compensation at fair market equity level commensurate with job duties and responsibilities Pw,0'rks Water Treatment Positions na na Reinstatement of historical $0,30 per hour off duty compensation for Water Technicians to monitor water delive sy City Administration is requesting that changes to the 2O1D Salary Ordinance, upon passage of the Bill by Council, will take effect commencing on January 1. 2011. / vviU present this bill to the Common Council at the appropriate Council Committee meating, public heohnQ, and at the Council meeting. / am available to discuss any matters #»nomnn|ng this bill at the convenience nfCouncil. Regards, Gregg D. cc: Step hen J. Lueohm. Mayor of the City nf South Bend RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY . KNOWN AS 3849 SHOWERLUX DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND GEAR, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 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, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of(5) five years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et sec.. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. �.. V),. Member of the Common C cil fice 1 Fee 2. 011 my CLNFK g NENn,IN 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 5102 DYLAN DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GLOBAL PARTS NETWORK, 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 5102 Dylan Drive, South Bend, Indiana, and which is more particularly described as follows: Lot 1 of Portage Prairie Minor subdivision#1 and which has Key Number 025-1009-014603, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et secs., and South Bend Municipal Code Sections 2-76 et seMc ., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1- 12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Common Council hereby determines and finds pursuant to Indiana, Code 6- 1.1-42.1-4.5 et§Leq-,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 I through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits farm 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. i. J Filed +n C!,mms office Member of the Comm Co cil 2 J 20111 NOT.Ap='Rr:v` -:�'' 2 JOHN Vf30RDE CITY CLERK,SOUTM®END,1N kDOFTr f 1200 COUNTY-QTY BUILDING PHONE 574/23 5-937 1 227W JEFFERSON BOULEVARD `. rEaci�i y FAx 5741235-902I SOUTH BEND,I,DiA-gA 46601-1830 1865 CITY OF SOUTH BEND STEPHEN J. LuEcKE, MAYOR COMMUNITY r Ec®N®MIC DEVELOPMENT JEFFREY V GIBNEY EXECUTIVE DIRECTOR February 17, 2011 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: Global Parts Network, 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 establish a new manufacturing/distribution facility to be located at 5102 Dylan Drive. The report contains the Department's findings relative to the above petition. The equipment will be used to manufacture/distribute brake shoes and other parts for the heavy duty truck market. The project cost for the equipment is estimated at $2,075,000. The project meets the qualifications for a (5) five-year personal property tax abatement and a representative from Global Parts Network will be available to meet with the Committee on Monday, February 28, 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, .A/." (kv_4 Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT ECONomic DEVELorMENT FINANCIAL&PROGRAM PAMELA C.MEYER DONALD E.INKS MANAGEMENT 574!235-9660 5741235-9377 ELIZABETH LEONARD F%x: 5741235-9469 5741235-9373 1200 COUNTY-GxYBtnLntNc PHONF5741235-9371 227W JEFFERSON BOULEVARD \� �\ 3 r r i i/ d FAx 5741235-9021 W \�\HACE�/ Sourx SEND,1NOUNA 46601-1830 live c- � x 1865 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY coyc E cONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: GLOBAL PARTS NETWORK, LLC DATE. February 17, 2011 On February 17,2011, a petition for personal property tax abatement consideration for property located at 5102 Dylan Drive was filed with the City Clerk by Global Parts Network,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 1.C.6-1.1-111 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 Global Parts Network is proposing to set up a new manufacturing/distribution facility that will manufacture/distribute brake shoes and other parts for the heavy duty truck market. The project will acquire several pieces of equipment including a press, press washers, blasters, paint line, packaging machines, forklifts, riveters and deriveters as well as computer hardware and peripheral equipment. The Petitioner plans to lease a portion of the Huron Building managed by Holladay Properties to house the new facility. The company is considering the South Bend location as well as sites in Illinois and Kentucky. The estimated cost of the project is$2,075,000.Total taxes to be abated during the(5)five-year abatement period are estimated at $90,250. Total taxes to be laid during the (5) five-year abatement period are estimated at$82,121. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL&PROGRAM PAMELA C.MF"R DoNAw E.INKS MANAGEMENT 5741235-9660 5741235-9371 ELIZAHTm LEONARD FAX: 5741235.9469 5741235-9371 South Bend Common Council RE: Tax Abatement for Global Parts Network, LLC February 17, 2011 Page 2 EMPLOYMENT IMPACT Per the petition,it is estimated that the total project will create twenty-two(22)new,permanent,full-time jobs in the first year of production representing a new annual payroll of approximately $565,000. The petitioner has estimated that there will be a total of 30 permanent, full time jobs by the end of fourth year of the project. Because the project is new there are no existing jobs. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been granted or been associated with any previous tax abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for personal property tax deduction must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a (5) five-year personal property tax abatement under section 2-84.2, Tangible Personal Property Tax Abatement. 0 o v)I oaoo o hMU7 MNM h C3 m A N A M r M O Cl) M N � N h LO N M O O r^ CO U> N N C14 N � OA M0 d M p � �V- LO C) 41) N co 00 - � zF- M f0 N I LO r- h 0 m ao N CD C6 ( �I O r- oD N o co V O N a co M co N N N M N N N Co a a M M0000 o NON CC) (DM X N Nu> ococo O � A LO tf) 0 N m m M d V V) to N N h LO M N M (f) ~ C6 O (D OJ m h N } N N M ~ Ch W U 't N N Cl) Cl) Q O N pA0 0 o NA000 o V' o 'T 0 = DO +� N W NfP _p N 'K O O 0 0 O{ 0 0 0 N U') (f) O C X 0 M O N h J Q) (D 4 (A Co N N 0 0 0 Cl) O 4 M N (D Z ry A Cfl p 3� m M o � >- � (Dv � t (� `� N E06 AMON (p N W O d N Ch N 0 0 N V ('] N 1" N �- LL •�U d �- U � O u w ) LLI O O d r T O O 0 0 N 0 0 0 O N 0 N LO N 6J O N (Q Q) [al O x) 03 M p N h O 0 W N BY (y 0 N CA C) Z T O 0 tl' a Z copmp c{ N N a Nv � M N h N X (1) x � a � lE N � DO c ,a o o 0 000 coo 00 A CD °) c CND x i6 CL z 7z N x X oQ m C@ O Q ep D O v ,- N C7 Ch Ll7 E 7 Q cu� 'a U 00000 7 Q) �' NNNNN W 3:1 rw . o ?•. 7� 5, ?. A y `D ° 8 m m (� ro m y W m w 0 o do V) d d n 1 p To �Ll, > w d) �i c+i o a 7 m E _ o x 5 m to H U W N > o a � C d O -p 0 p c o co 2 a m E U N il( � a) X X X Y N N Q) N x 2 X � D) CO - a y N N E Q C W co m .. �) U X 7 N N N . ,y tb fl' ¢ Q � m d (� � z mUaU c E Q i Q E w w = tn w n vNi U N Lo Um -j (D -j U I" STATEMENT OF BENEFITS FORM SBA 1 PP PERSONAL PROPERTY c ; State Form 51764(R 11-06) • Prescribed by the Department of Local Government Finance PRIVACY NOTICE The cost and any specific individual's salary information is confideniiat the balance of the filing is public record INSTRUCTIONS. r IC 6-1.1-12.1-5.1 c and(d). 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing it 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 aferJuly 1,1987, arid areas designated after July 1, 1987,require a STATEMENT OFBENEFiTS, (IC 6-1.1-12.1) 2. Approval of the designating body(Co 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 andlorintormailon technology equipment,BEFORE a deduction may be approved 3. To obtain a deduction,a person must Fite a cerlifred deduction schedule with the person's personal property return on a certified deduction schedule(Form iO3-ERA) with the township assessor of the township where the properly is situated. The 103-ERA niust be tiled between March 1 and May 15 of the assessment year in which new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment Is installed and fully functional,unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March 1 and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF-7 i PP annually to show compliance with the Statement ofHenefits. (1C 5, The schedules established under IC 8-1,1-12.7-4.5(d)and(a)apply to equipment installed after March f,2001, For equipment installed prior to March 2, 2001,the schedules and statutes In effect at the time shalt continue to apply. (IC 6-1,1-12.14.5(1)and(g)) I TAXPAYER INFORMATION Name of taxpayer 1 1000 Iw ,� Address oftaxpayer(numbergndsheat,city,saN,andZfPcode) $AV p y I ANC - '1 �D J of 1C 1F�SCI It DT 14t- SU l�t F er 5 S+1A L b4 k t Name of contact person lephqoe number Susvq& "� ce l 3-59 t'7a D DESCRIPTION OF PROPOSED PROJECT. Name of designating body esolugon number(s) 0+ � N C Location of properly County DLGF taxing district number °S1©I 1aN Aescripllon of manufacturing equipment and/or research and development equipment ESTIMATED and/or logistical distribution equipment and/or information technology equipment. Luse additional sheets if necessary) A STAR Z DATE COMPLETION DATE Vic' ,%, U, A!!S.WKs, tai '(LS ��13..1r t,ff�e �A[ �` '^ p C) t 1i ©S 3t i1 �t , p Alanufacluring Equipment yaCJt t hfC, r G.crC 7lv�k �� l � � -w"+) eCr�1 � RE,D Equipment Loglst Dist Equipment K5 . e " •i"17 �r y{rJ,'�aCdk"+ {r is qht� . 41sj r,i3 to 'Tom.�C�� s a IT Equipment O'�f i tit k SECTION.3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salaries Number retained Salaries N"additional S lames NOTE:Pursuani to IC 8-9.1-12.1-5.t (d)(2)the MANUP C URING R&D EQUIPMENT OG T DIS IT EQUIPMENT COST of the property is confidential. COST i ASSESSED COST ASSESSED COST ASSESSED COST ASSESSED VALUE VALUE VALUE VALUE Current values ' - - -e" r —1�. Plus estimated values of proposed project Less values of any property being replaced a Not estimated values upon completion 2--0) >} •N NWASTE CONVERTED AND •THER:HENEFITS PROMISEDBYTH Estimated solid wasis converted(pounds) Estimated hazardous waste converted(pounds) ` Other bonetits; I hereby certify that the representations in this statement are true. signature of authorized representative Till e Data signed(month day,year) U t �� t3Z �-7 Zoi t CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPER'T'Y TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, personal property, located within the City of South Bend, hereby petitions the Common Council of the City of South Bend for personal property (new manufacturing equipment) tax abatement consideration and pursuant to I.C., 6W1.1-12.1, et seq., and South Bend Municipal Code Section 2-84.2, et seg., 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. b A-,i� CA b e;_Q G-hn"Z_ • i e c-e s C4- •z :f° 4c b�-- "S-e-A r 4-h is ✓a c e— 5. e5i-,f",--taA lvye.5 tn1f- ( 4-tg,s �voje_cf- r.S yeylM11E //I l , e niCtc-_o. )7S4,eS -g-e- 2. The project will create 2 Z new, permanent jobs within the first year, representing a new annual payroll of $ 510 -E'/0130 and will maintain (7 existing permanent full-time and o existing part-time jobs representing an annual payroll of$ SI-S)ff 1 . The projected annual salaries for each new position created are estimated to be as follows: Y�ii�l YY►rxVvic��z�L , L�1'000 N .:� -4.40 �C5t7 ) �r�•,r��rr�--c� ��J� �a�'' �.�i-a7�-Y` ��s���i.�. ��5 tan �� ��iu.c-i+�,u ���'-K��S � I d,u f�►V `�rJ t,�o-,�t.h�w.s OZ. �r���a[i �15i 3 �� f s ,� 3 0.0 3. Estimate the total cost of the Equipment: � ai o 15 4. (a) The Equipment is owned or to be owned by the following individuals or corporations (if the business organization is publicly= held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST f b, i F►�r-� se c bP, (YIL }Kd k 2Pr►IiL, )C��Gj.� (Revised 8!2102) 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 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: we ou-pys;tar)aj and dLmyj 24-. �r�� Clu -rVitcK 6. The commonly known address of the property where the EY-'!7 ent is to be located is: !a2- � Ori ve- aewd `I � 7. The Ivey Number of said property is: D I cOq- Wq We3 S. Attach the legal description of the property where the equipment is to be located, marked AExhibit A,@ and is�ereby 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. ,4�Ghe,cL 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 $ --U-- (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 NO-f i/V WSJ and the current zoning is (use) and (height and area). (This information may be obtained from the Building Department 235-9553) (Revised 8/2/02) 2 13. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES e- (This information may be obtained from the St. Joseph County Treasurers office 235-1531) 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). 0 A/ 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. N0A; — 16. What is your best estimate of the market value of the new Equipment after installation? $ 19 Q, °ZS/ ozo 17. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? __4 IV kIV A/ 18. What is the commitment your firm will make to minority employment during the five years of tax abatement? w; J1 s-Fr r ve– 4o hi,-,_ em f ib_9ee-6 -67-Alu w i P C t. U N G I0LV7 L &- (Revised 8/2/02) 3 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 anA description; 3q lzl — 174"PA veA6le— 142-IS' 4 19C Ce.65z.-/'5 21. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description; 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: 23. Other anticipated public financing for the project including, if any, industrial revenue-bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana; or other public financial assistance, including but not limited to public works improvements. a �- 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: 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. (Revised 8l2102) 4 26. The following person(s) should be 'Contacted as Petitioner=s agent regarding additional information and public hearing notifications: Dame: 05(1j2,gN Address. 76a a lnc Or ve- City, State, Zip Cod : lL- Telephone: { ?5�=�j - :!� 2 -7 WHEREFORE, Petitioner requests that the Common Council of the City of South Rend, 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 284.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Prope ty Ownr(x): a5 e-e, v! qe?2 1ye to`'. j G By: . (Signed Name) �cyL rel ' (Typed or printed name and capacity of signor if signed by an agent or representative of the owner) (Revised 8/2/02) 5 ATTACHMENT A LEGAL DESCRIPTION Description: Lot I of Portage Prairie Minor Subdivision 41 Tax Key No.: 025-1009-014603 Address: 5102 Dylan Drive South Bend, IN 46628 ��9 � it�5 yW.•F m w•°n U W 0 WO 5 gg g pp @i�Q ww Pig 6 a Ex RI Oil g zn z uI Dig ", a In ma q y� 11p; , I 2 W d o�u t SxFT w - t 9.n•• y � 9_ a K . A r n a a a � _ � � R" �tl� AiN lit, b r¢r12o "9 ' s - a � . a '�b� y " �� € Zvi �3 2111nsn'"" Di Rill KIM �e 40 HY hi 119 �d b�� aka _ np� � � ����~ �------------- H1..a x ��� ���� alHlMP P z ;a ua ecswx g e � 9 poll ---------=--- —=— ------------ mu 3pZyi ��, 3 S[31CX TXl UVY RO 1VO1KM6 L----__------ YIIf 6�F ig 'd1•urnAUUO M1!"1m9]�i �dd5� d' R y i �� � � �' aM5 W1OiwAi.Y1M09�w f Y3m� � ~O �� YI 3EM[VYtl maLk3YWU i .. � . i Map of Holladay Corporation (574) 271-0478 Page 1 of 1 Map of olladay Corporation (574) 271-0478 I i � Ruts:n H:i �e 3 !irr:k IW 1 o�ftlf �l l 71 c a 7, 1053 in l�tfi[Gp�1 1.0mi pN Yahtki �y1C ikta ;NAWEWe g vti�ien usinct any driving directions or map, it's a good idea to do a reality chock and make sure the road still exists, tti,atc:lj (,,tit for t:onstruc-tion, and follmv all traffic safety precautions. This is only to be.used as an aid in planning. f ' . fi #� F, y /J�� . ,4 $. lz ,./.$�P � S' kl .''.. 1 i.: F yf,.5 .. F'11. E.' T' .. . !. ,- G { ? p C 1 %�;d "a » �_ 5T F. z ter ` 1$ 3 11 L a i�� �y sr k "`„. } Y �E x1 ', ��� r : .: '` 3 s. r, Y *� !K .' Q`�b yet j4 iu �,''` ,V 4 �4.) 'd 1. .� R ?,_ } y#� l �_ SL 's Y S? '� > :i '+ tkk $ A. h a4 'x,, d� I ..1.S 1 tti �.I �%� ,fit 1. . �;r a 1 '� �� J 3 � . 11 I 1 9y,. ')'VSO+ _ '1 ,'~4''.?H ,' I. 1 9 t �'� .�Lt �` 4s z } ''a' uz 4 y ; na 1, , # a aT >q 5t 1. 1.1 `yt 'J g ig. R JC d _ ;} , tr r,. # jP, _ S a.r s 1. - t 1� fi-m b 1 s , +F'i f� x�,,, it r s K � � � , ,1.1. 3w s a S: � � u � ;; � : - �� � r 1 .. s a:, 'M3s r 5 ' y�'�” 11,} i. 8 s h� p # k �- '^ 3-' y J' Va{1 3 saeX p Yy.- i N U.4 P,,'r „1 A K @, r r z 11 r� +, *� �i �" ',1 ,I�Tl s il., �} T->4-s ,.. 1. ��11 ` ,� 5 � Y �l'�:� W ,%" - � L -- ' Y- h , a rx w% i . ., .. . w� a Y.�S..�,5 Huron Tax Summary Tax ID Number 025-1009-014603 Duplicate Number 10822479 Parcel Number 71-03-17-301-002.000-009 Legal Description: Lot 1 Portage Prairie Minor#1, NP#10055 11014-06 2006 pay 2007 12007 pay 2008 12008 pay 2009 12009 pay 2010 Gross Assessed Value of Land 0 252,400 252,400 133,000 Gross Assessed Value of Improvements 0 0 0 2,948,900 Total Assessed Value 0 252,400 252,400 3,081,900 Taxes Paid 0 10,420 10,109 21374 9 year abatement granted 8/14/06 Abatement Schedule: Year % Year 1 100% 2009 pay 2010 2 88% 2010 pay 2011 3 77% 2011 pay 2012 4 66% 2012 pay 2013 5 55% 2013 pay 2014 6 44% 2014 pay 2015 7 33% 2015 pay 2016 8 22% 2016 pay 2017 9 11% 2017 pay 2018 cOUTHB�� o` ;i�r,l/,� d City of South Bend. CE ", Common Cou.nci 1865 441 County-City Building • 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 TDD (574) 235-5567 Derek D. Dieter http://www.southbendia.gov President February 23, 2011 Oliver J. Davis Vice-President Members of the Common Council Ann Puzzello 4th Floor County-City Building Chairperson, Committee South Bend, Indiana 46601 of the Whole Dear Council Members: Derek D. Dieter First District Several weeks ago contact was sent to each of the Common Council Members inquiring Henry Davis, Jr. about Senate Bill 590, which is under discussion in the Indiana General Assembly. Second District Each of the Council Members signing this letter have concerns regarding Bill 590 as Thomas LaFountain presently drafted, which are summarized in the proposed resolution. Third District As you are well aware, we have collectively worked hard with the City Administration Ann Puzzello to keep a balanced city budget during these tough economic times. Senate Bill 590, Fourth District would result in unknown costs to our taxpayers, and has the potential to detrimentally David Darner affect growth and development in South Bend and perhaps our entire state. Fifth District We look forward to discussing this resolution with you and to winning your support. Oliver J. Davis Sixth District Most sincerely, Al "Buddy' Kirsits 1* nel At Large Karen L. White Al Timothy A. Rouse Council Member at Large 4"' District Council.Member At Large Karen L. White Henry Davis, Jr. Oliver Davis At Large 2nd District Council Member 6t1' District Council Member Derek D. Dieter Tom LaFountain 1 st District Council Member 3Td District Council Member RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,IN OPPOSITION TO SENATE BILL 590,CURRENTLY PENDING IN THE INDIANA GENERAL ASSEMBLY,WHICH PROPOSES NEW REGULATIONS ON THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS,CHECKING THE CITIZENSHIP OR IMMIGRATION STATUS OF INDIVIDUALS AND RELATED MATTERS ^wj,on January 20,2011,Senate Bill 590 was filed by Indiana Senator Mike Delph of Carmel,which proposes to make various changes to state laws concerning the enforcement of federal immigration laws, checking the citizenship or immigration status of individuals and several other matters including but not limited to requiring that only English be used in public meetings and public documents;requiring the federal government to reimburse the state for costs;and requiring a process to suspend or revoke business licenses who knowingly employ unauthorized aliens;and W,,Arrrra, as of the filing of this resolution, the Indiana Senate Committee on Pensions and Labor and the Indiana Senate Committee on Appropriations held public hearings on Senate Bill 590 where heated debate took place;and OhW-maj, one of the key concerns raised was by Eli Lilly and Company, a research-based company founded in 1876 in Indianapolis by Colonel Eli Lilly,a U.S. Civil War veteran who was fnrstrated by the poorly prepared and ineffective medicines at that time, which has grown into a company with 36,350 employees worldwide and markets products in 143 countries,stated that: [this]`ant!4mmigration and English-only legislation[will]make it difficult to recruit new and educated workers and retain current employees in our Indiana communities,who simply will not move to and live in a state that is seen as unwelcoming';and A�w, Cummins, Inc. headquarter in Columbus, Indiana which designs, manufactures, distributes and services engines and related technologies in 190 countries with over 5,200 dealer locations joined Eli Lilly and Company in opposing Senate Bill 590;and T"M,wad,the City of South Bend,like most other communities throughout our state and the nation,are in the midst of trying to attract and grow businesses in very challenging economic times; and OMA,rras, the Indiana State Senators and Representatives should especially take notice when Indiana based companies,which have global footprints and are among the state's largest employers, raise serious concerns about the potential consequences to their companies and future ability to have robust job creation,if Senate Bill 590 becomes law;and P k.,rao-, in reviewing the four (4) Fiscal Impact Statements prepared by the Indiana Legislative Services Agency of the Office of Fiscal and Management Analysis based in Indianapolis, each of these reports under the heading"Explanation of Local Expenditures"include a note that: "This fiscal note does not include a secondary analysis of the potential effects stricter enforcement of unauthorized immigration law may have on local expenditures";and 'Nei"u,the South Bend Common Council and the South Bend City Administration worked and collaborated together to carefully weigh and balance city priorities in order to reduce expenditures of tax dollars funding the General Fund and the Parks&Recreation Fund from 2006 through 2010, which resulted in, • 15.5%decrease in the General Fund spending totaling$10.9 million • 1.6%decrease in the Parks&Recreation Fund spending totaling$180,000 while also having interest earnings being reduced by$1.8 million for this same period of time; Resolution on Senate Bill 590 Page 2 fteerrm, the South Bend Common Council and the South Bend City Administration have further had to grapple with property tax revenues being down$12.2 million and projected COIF and EDIT revenues projected to decrease over the next two(2)years; . 'Nomm,the City of South Bend,with the support of its residents and businesses,have put the highest of priorities on good fiscal management which is transparent and responsive;and that is one of the reasons why it is particularly disturbing that our State Senators and State Representatives may fail " in their own due diligence requirements by not even having the potential or projected costs to local governments identified which would result from the passage of Senate Bill 590. C:�i9nt,, C /M=rr yP 6e tZreea wd,by the Common Council of the City of South Bend,Indiana, as follows: Section 1. The Common Council of the City of South Bend,Indiana,believes that Indiana State Senators and State Representatives should continue indefinitely Bill 590, in light of the potential negative effects which such legislation may have on job creation,business expansion and attraction, the negative perception it may have on all Indiana communities if enacted, and pending judicial challenges in other jurisdictions on similar legislation which am proving very costly to their taxpayers. Section II. The Common Council further believes that in light of the hispanic population being the fastest growing segment of the South Bend community,as reported in the latest U.S.census data, and the unknown costs which may result to our police department,that enactment of Senate Bill 590 may be a reckless disregard of due diligence requirements by the state elected officials for their failure to even consider a cost/benefit analysis of enforcement of such a law by local governments. Section III. The Common Council requests the City Clerk to send a copy of this Resolution to each of the duly elected State Senators and State Representatives representing the City of South Bend, as well as to the chief sponsor of Senate Bill 590 Senator Mike Delph,and the presiding officers of the Indiana Senate and the Indiana House of Representatives, 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. Council Member Karen L.White South Bend Common Council by the Common Council of the City of South Bend, this day of .20111 AYES: NAYS: !x7�iti'df: f?t'/J//§.YfHP/lflJ 117dO IAJn I/l �` flay � A t John Voorde,City Clerk Stephen J.Lueeke,Mayor City of S Flied In C l#'.t#Office rcESert,�� . NOT lcPl'RaV£! F 0 2 3 %0 1 I ADOPrO JOHN VOORDE 1''—t CPK,$0UTN BEND.IN ' SOU T11$� 1200 Coumry-CrTxBtZLrirNC Z .•\ �l PHoNE 574/235-9371 tv 227 W.JEFFERSON BOULEVARD `�F CE/� FAx 5741235-9021 SOUT13 BEND,INMANA 46601-1830 1565 CITY OF SO= BEND STEPHEN J. LuECKE,MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY ExECUTIVE DIRFCTOR February 21, 2011 Derek Dieter, President - South Bend Common Council 435 County-City Building South Bend, Indiana 46601 RE:A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING POLICIES AND FORMS OF RESOLUTIONS TO BE USED IN CONNECTION WITH THE CONSIDERATION OF THE GRANTING OF A PROPERTY TAX EXEMPTION PURSUANT TO INDIANA CODE 6-1.1-10-44 FOR QUALIFIED ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT Dear President Dieter: Attached for filing please find the above-referenced resolution to be considered by the Common Council at its February 28, 2011 meeting. Approval of this Resolution would indicate the Council's intent to provide property tax exemption for qualifying equipment to eligible Data Center type businesses prospects. Attached as Exhibits to the Resolution are the basic form of the Declaratory and Confirming Resolutions, and the basic form of the Agreement each business would be required to sign. This Resolution will make South Bend more attractive as a Data Center location, and allow us to more effectively compete for these development opportunities. Don Inks will be presenting the resolution. Your favorable consideration is requested, Please do not hesitate to contact me if you need additional information. -------� Sin rely, Filed In R'' rle'S Offte / r r nald E. Inks C�-- i `' ` Director, Economic Development JOHN li00Ar�t� CITY CLERK,SOUTH too IN COMMUNrrr DEVWIOPMF.NT EcoxoMrc DEVELOPMENT FINANUAL&PROGRAM PAMELA C.MEYER DONALD F.INKS MANAGEMENT l.vt 5741235-9664 574/235-9371 E=ASETH L$QNARD V FAX: 5741235-9469 5741235-9371 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING POLICIES AND FORMS OF RESOLUTIONS TO BE USED IN CONNECTION WITH THE CONSIDERATION OF THE GRANTING OF A PROPERTY TAX EXEMPTION PURSUANT TO INDIANA CODE 6-1.1-10-44 FOR QUALIFIED ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT WHEREAS, with the enactment of Indiana Code 6-1.1-10-44 (the "Act"), the General Assembly recognized that the State of Indiana (the "State") and its local governmental units were at a competitive disadvantage with surrounding states in attempting to attract companies that have as their primary business the provision of computing, networking, or data storage services because in surrounding states the enterprise information technology equipment necessary to provide such services are not subject to property taxation unlike in Indiana, where, absent the application of the Act, such enterprise information technology equipment would be subject to property taxation; and WHEREAS, the Act was enacted to law in 2009 for the purpose of permitting companies that would propose to locate facilities dedicated to computing, networking, or data storage activities in Indiana to request and, upon approval of the appropriate legislative body, receive a property tax exemption for the enterprise information technology equipment necessary to provide such services; and WHEREAS, the Common Council ("Common Council") of the City of South Bend, Indiana(the "City"),recognizes the unique location and technological advances available in the City to companies looking to locate computing, networking, or data storage facilities in the City which meet the statutory thresholds of business investment in the aggregate of at least $10,000,000 in real and personal property and agree to the average wage of the business of at least 125% of the county average wage for St. Joseph County; and WHEREAS, the Common Council desires to set forth its policy that it seeks to encourage the'development of computing, networking and data storage service facilities within the City; and WHEREAS, the Common Council desires to set forth the process the Common Council will undertake when asked by a company for a tax exemption under the Act for its enterprise information technology equipment in order to evidence its intent to attract these types of businesses to the City. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 8 DDB 01 6547671v2 SECTION I. The Common Council approves of the basic form of declaratory resolution and basic €orm of Letter Agreement attached hereto as Exhibit A and the basic form of confirmatory resolution attached hereto as Exhibit B which are incorporated herein by reference. In order to set forth a process for the consideration of a tax exemption requested by a company that would constitute an "Eligible Business" as defined by the Act for enterprise information technology equipment that would constitute "Qualified Property" as defined by the Act, the Council agrees that is appropriate to utilize the basic forms of resolutions and the agreement in order to request the approval of the Common Council for such an exemption under the Act. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 0- JL- Member of the Common Council Filed in Clerk's Office PREISE UD NOT AFPRovc �oPt SOUTH BEND,IN BDDH61 6547671v2 - 2 - 'P'PY CLERK,$ EXHIBIT A Form of Declaratory Resolution and Letter Agreement See attached BDDB01 6547671v2 - 3 RESOLUTION NO. DECLARATORY RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING A PROPERTY TAX EXEMPTION FOR CERTAIN ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE 6-1.1•-1044 ( PROJECT LOCATED AT _ (STREET ADDRESS) IN THE COUNCIL DISTRICT) WHEREAS, Indiana Code 6-1.1-1044 (the "Act") authorizes the Common Council (the "Common Council") of the City of South Bend, Indiana (the "City") to make a determination that certain qualified personal property owned by a eligible business is exempt from property taxation to the extent such property is located in the City; and WHEREAS, (the "Company"), has announced its plans to locate a [computing,networking, or data storage] facility(the "Project")at in the City (the "Situ") which Project will result in the creation of jobs with an average employee wage of$ and a capital investment of$ in real and personal property improvements; and WHEREAS, the Company has presented to this Common Council a Letter Agreement, a form of which is attached hereto as Exhibit A and the terms of which are incorporated herein (the "Agreement"), in which Agreement the Company describes the Project, and pursuant to which the Company requests that this Common Council determine that (i) the Company is an "Eligible Business" as defined herein and in the Act; and(ii) certain of the personal property to be owned by the Company and located at the Site listed at Exhibit A to the Agreement (the"Computer Equipment")is "Qualified Property" as defined herein and in the Act and therefore qualifies for the property tax exemption provided by the Act; and WHEREAS, as used herein and as defined in the Act, "Qualified Property" means certain enterprise information technology equipment acquired after ,Tune 30, 2009, which would include any of the personal property listed below, but would not include computer hardware designed for a single user, workstation, or departmental level use: (a) Hardware supporting computing, networking, or data storage function, including servers and routers; (b) Networking systems having an industry designation as equipment within the "enterprise" or "data center" class of networking systems that support the computing, networking, or data storage functions; or (c) Generators and other equipment used to ensure an uninterrupted power supply to the equipment described in subparagraph(a) or (b) above; and BDD6{11 6546518x2 WHEREAS, "Eligible Business" as.used herein and defined in the Act means an entity that meets each of the following requirements: (a) The entity is engaged in a business that operates one or more facilities dedicated to computing, networking or data storage activities; (b) The entity is located in a facility or data center in Indiana; (c) The entity invests in the aggregate at least$10,000,000 in real and personal property in Indiana after June 30, 2009; and (d) The average employee wage of the entity is at least 125% of the county average wage for each county in which the entity conducts its business operations; and WHEREAS, the Company has certified in the Agreement that (i) it qualifies as an Eligible Business and(ii)the Computer Equipment constitutes Qualified Property; and WHEREAS, the Project and the real and personal property improvements to be made by the Company at the Site by the Company will benefit the welfare of all citizens and taxpayers of the City; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Common Council hereby makes the following findings based upon the information provided by the Company in the Agreement: A. The Company constitutes an Eligible Business; and B. The Computer Equipment constitutes Qualified Property. SECTION 11. Subject to the completion of the procedures required by the Act and described below, the Common Council provisionally declares the Computer Equipment to be exempt from property taxation, which exemption will continue for an unlimited period of time, provided that the Company continues to qualify as an Eligible Business and the Computer Equipment continues to qualify as ".Qualified Property" under the Act. SECTION 111. The Common Council hereby authorizes a notice of the adoption and the substance of this Declaratory.Resolution to be published in accordance with Subsection(g) of the Act and the Clerk is hereby authorized to'cause to be filed a copy of the notice and this resolution with each taxing unit located in the County. Additionally, a copy of this Declaratory Resolution shall be filed with the St. Joseph County Assessor's office. The notice shall specify a date when the Common Council will receive and hear all remonstrances and objections from interested persons. Following such hearing, the Common Council will consider the adoption of a confirming resolution to modify, confirm or rescind this Declaratory Resolution and authorize the execution of the Agreement by the Mayor and the Clerk, for an on behalf of the City, granting the property tax exemption authorized under the Act for the Qualified Property. BDDB01 6546518v2 - 2 - 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. Member of the Common Council FilOd In FEE, 2 2 JOHN V tA©� TY CITY BDDB01 6546518v2 - 3 - EXHIBIT A LETTER AGREEMENT (see attached) BDDBOI 6546518x2 LETTER AGREEMENT REGARDING ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT TAX EXEMPTION 20 The Common Council City of South Bend, Indiana 227 West Jefferson Blvd. • Suite 400 S South Bend, Indiana 46601 Dear Honorable Council Members: (the "Company") requests that the Common Council (the "Common Council") of the City of South Bend, Indiana (the "City"), take such action as is necessary and required pursuant to Indiana Code § 6-1.1-10-44 (the "Act") in order to determine that certain enterprise information technology equipment of the Company is exempt from property taxation pursuant to the Act. The Company proposes to locate a project at (the "Site") which is located within the boundaries of the City (the "Project") which Project will result in a capital investment in real and personal property of $ $ of the personal property improvements will be attributable to the installation at the Site of enterprise information technology equipment which will include but be not limited to the equipment listed at Exhibit A attached hereto and incorporated herein. Additionally, the Project will result in the creation of_ of jobs by , 20 The average employee wage of the jobs being created as a result of the Project will be $ , which is at least/exceeds 125% of the county average wage for St. Joseph County, Indiana. On behalf of the Company, the undersigned hereby certifies that Company constitutes an "Eligible Business" as such term is defined in the Act because the Company meets each of the following requirements: (a) The Company is engaged in a business that, upon completion of the Project, will operate one or more facilities dedicated to computing, networking, or data storage activities; (b) The Company is located in a facility or data center in Indiana, (c) The Company will have invested upon completion of the Project in the aggregate at least $10,000,000 in real and personal property which investment will have occurred after June 30, 2009; and (d) The average employee wage of the Company at the Site is at least 125% of the county average wage for St. Joseph County, Indiana. BDD801 6546827v2 The undersigned, for and on behalf of the Company, further hereby certifies that the enterprise information technology equipment listed at Exhibit A attached hereto and incorporated herein is Qualified Property because it has been or will be purchased after June 30, 2009, and it constitutes: (1) Hardware supporting computing, networking, or data storage function, including servers and routers; (2) , Networking systems having industry designation as equipment within the "enterprise" or "data center" class of networking systems that support the computing, networking, or data storage functions; or (3) Generators and other equipment used to insure an uninterrupted power supply to equipment described subparagraph (1) or (2) above. The undersigned further certifies for and on behalf of the Company that none of the Qualified Property constitutes computer hardware designed for single user, workstation or departmental level use. The Company requests that all enterprise information technology equipment which would constitute Qualified Property as defined herein and in the Act be deemed exempt from property taxation as provided by the Act. The Company acknowledges and agrees that, to the extent that it no longer qualifies as an Eligible Business as defined herein and under the Act or to the extent that the enterprise information technology equipment for which the Company desires the tax exemption no longer qualifies as "Qualified Property" as defined herein or in the Act, said enterprise information technology equipment will no longer be subject to the tax exemption. (the "Company") By: Printed Name: Its: _2_ BDDB01 6546827v2 CITY ACKNOWLEDGEMENT; The undersigned, acting for and on behalf of the City, enters into and acknowledges the terms of the foregoing Letter Agreement. The Common Council, having adopted a declaratory resolution (Resolution No. , adopted on , 20_____), provided notice as required by the Act, and adopted a confirming resolution (Resolution No. , adopted on , 20_____) determining to grant the tax exemption provided by the Act, has completed the actions necessary under the Act by the City to grant a property tax exemption for the Qualified Property of the Company for an unlimited term so long as the Company meets the requirements of this Agreement and the Act. CITY OF SOUTH BEND, INDIANA 20_ Mayor ATTEST: City Clerk -3- BDDBOI 6546827v2 EXHIBIT A Qualified Property Listing BDDBOI 6546827v2 EXHIBIT B Form of Confirming Rcsolution See Attached BDDBOE 654767lv2 -4 - RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, MAKING A FINAL DETERMINATION AND CONFIRMING A PROPERTY TAX EXEMPTION FOR CERTAIN ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE 6-1.1-10-44 ( - PROJECT LOCATED AT (STREET ADDRESS) IN THE COUNCIL DISTRICT) WHEREAS, the Common Council (the "Common Council") of the City of South Bend, Indiana (the "City"), pursuant to Resolution No. adopted by the Common Council on (the "Declaratory Resolution"),provisionally declared subject to the completion of the proceedings set forth in Indiana Code 6-1.1-10-44 (the "Act") and Section III of the Declaratory Resolution that (i) (the "Company") constitutes an Eligible Business under the Act and the Declaratory Resolution; (ii) certain personal property of the Company will constitute Qualified Property (the "Qualified Property") under the Act and the Declaratory Resolution; and(iii) the Qualified Property will be exempt from property taxation for an unlimited term provide that the Company continues to qualify for the exemption hereunder and under the Act; and WHEREAS, pursuant to the Act and Indiana Code 5-3-1, public notice of the adoption and the substance of the Declaratory Resolution was provided as well as setting forth that a public hearing would be held on , , to receive and hear all remonstrances and objections from interested persons; and WHEREAS, a copy of the Declaratory Resolution and the public notice referenced above was filed with the office of the St. Joseph County Assessor and with each taxing unit located in the County; and WHEREAS, on_ , the Common Council received and heard all remonstrances and objections to the Declaratory Resolution from interested persons and considered the evidence presented. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: .SECTION I. The Common Council hereby confirms its findings in the Declaratory Resolution determining that the Qualified Property of the Company is and shall be exempt from property taxation for an unlimited term provided that the Company continues to qualify for the exemption under the Act. The Common Council hereby approves of the form of Letter Agreement attached to the Declaratory Resolution and authorizes the Mayor and Clerk to execute and attest, respectively, the form of Letter Agreement attached to the Declaratory Resolution. BDDB01 6546756v2 SECTION II. The Common Council further confirms that the final determination and property tax exemption confirmation for certain enterprise information technology equipment is based on name of com an 's representations that: (a) It is engaged in a business that operates one or more facilities dedicated to computing, networking or data storage activities; (b) It is located in a facility or data center in Indiana; (c) It invests in the aggregate at least$10,000,000 in real and personal property in Indiana after June 30, 2009; and (d) The average employee wage of the entity is at least 125% of the county average wage for each county in which the entity conducts its business operation. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council BDDBO[ 6546756v2 - 2 " 1200 COUNTY-CPCY BUILDING .� PHONE 574I 235-9371 tz 227 W.JEFFERSON BouL.EVARD \�rsac� z FAx 5741235-9021 SOUTH Bmi),INDIANA 46601-1830 �le Igb5 CITY OF SouT'H BEND S'T'EPHEN J. LUECKE,MAYOR CommuNiTY & EmNomic DEvnopMENT JEFFREY V. GIBNEY EXECL Ira DIRECTOR February 23, 2011 r �South Bend Common Council . 227 W Jefferson South Bend, IN 46601 RE: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION Dear Council Members: I am requesting that this resolution be heard by the Council at their February 28, 2011 meeting. This resolution is to add two properties, 601 — 605 W. Washington and 109 — 111 N. Taylor, to the acquisition list of the West Washington-Chapin Development Area, thereby allowing its acquisition and rehabilitation for the future use as in-fill, market rate housing. On January 21, 2011, the South Bend Redevelopment Commission approved Declaratory Resolution 2837 and the Area Plan Commission approved Declaratory Resolution 214-11. Both of these resolutions relate to the declaration and amendment to allow the acquisition of this properly. If the Council approves this resolution, a Confirming Resolution and public hearing will be held at the March 22, 2011 Redevelopment Commission meeting for final approval. If you have any questions about the attached resolution, please do not hesitate to contact me directly at 235-5836. Sincerely, Filed In Clerk's O i;%. C FEB 2 3 Y6 11 David Relos Economic Development Planner JOHN VOORDE ClTOP LERIC,SOUTH BEND. W COMMUNITY DEVELOPMENT 1?CONOMIC DEVELOPMENT FINANCIAL&PROGRAM PAMELA C.MEYER DONALD E.INKS MANAGEMENT 574!235-9660 5741235-9371 ELIZABETH LEONARD 4 . FAx: 5741235-9469 5741235-9371 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, APPROVING AN ORDER OF THE ST.JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36-7-14 (the "Act"), on January 21, 2011, approved and adopted its Resolution No. 2837 (the '`Declaratory Resolution"), Exhibit A, amending the acquisition list in the West Washington-Chapin Development Area Development Plan (the "Plan") for the West Washington-Chapin Development Area (the "Area") and amending the West Washington-Chapin Development Area Development Plan (the "Plan Amendment"); and WHEREAS, the Plan Amendment identifies one or more parcels located within the Area as parcels necessary for the implementation of the Plan calls for the addition of those parcels to the Acquisition List contained within the Plan; and WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission"), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the "City"), on February 15, 2011, adopted and approved a resolution, a .copy of which is attached hereto as Exhibit B, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the"Plan Commission Order"); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Area; NOW, THEREFORE,BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Plan Commission Order attached hereto is in all respects hereby approved, ratified and confirmed. 2. This Resolution shall be in full force and effect from and alter its adoption by the Common Council of the City and compliance with procedures required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this 28th day of February, 2011. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA By t Member of the Common CouncA Attest: City Clerk Filed In Clerk's Office FEB 2 3 Z �I PRESENTEL3 . aT APPROYEt JOHN VOORDE a.. CnY CLERK,SOU'T'H amun, w ADOPTED j Exhibit A (Declaratory Resolution of the Redevelopment Commission) RESOLUTION NO. 2837 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the City of South Bend Department of Redevelopment (the "Department"), on October 23, 1987,adopted Resolution No. 818 declaring the West Washington-Chapin Development Area (the "Area") in the City of South Bend, Indiana (the "City") to be an area needing redevelopment within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, which is codified at Indiana Code 36-7-14-1 et seq. (the"Act"); and WHEREAS, Resolution No. 818 and the West Washington-Chapin Development Area Development Plan(the"Development Plan"),adopted by Resolution No.818 on October 23, 1987, were confirmed by Resolution No, 824, adopted on December 11, 1987; and WHEREAS,Resolution No. 818 was amended by Resolution No.908,adopted on February 23, 1990, which expanded the West Washington-Chapin Development Area by adding Expansion Area No. ]; and WHEREAS,Resolution No. 818 was further amended by Resolution No. 1669,adopted on February 19, 1999, which expanded the West Washington-Chapin Development Area by adding Expansion Area No. 2; and WHEREAS,Resolution No. 818 was further amended by Resolution No.2000,adopted on October 3, 2003, which reduced the West Washington-Chapin Development Area by removing Reduction Area No. 1; and WHEREAS,Resolution No. 818 was further amended by Resolutions No. 2348 and 2351, adopted on June 19, 2007, and July 20, 2007, respectively, expanding the Airport Economic Development Area to include the area commonly referred to as the MaryCrest/Hurwich Area and therefore effectively amending Resolution No. 818,removing said area from the West Washington- Chapin Development Area,which removed area shall be referred to herein as Reduction Area No.2; and WHEREAS,Resolution No. 818 was further amended by Resolution No.2383,adopted on November 2, 2007, which reduced the West Washington-Chapin Development Area by removing Reduction. Area No. 3; and WHEREAS,the Development Plan for the West Washington-Chapin Development Area,as adopted by Resolution No. 818, includes a list of parcels of property to be acquired within the West Washington-Chapin Development Area in order to accomplish the Development Plan; and WHEREAS, the Development Plan, as adopted by Resolution No. 818, was amended by Resolution No. 990, adopted on May 10, 1991, and was further amended by Resolution No. 1243, adopted on May 6, 1994, and was further amended by Resolution No. 1399, adopted on January 2, 1996, and was further amended by Resolution No. 1436, adopted on July 3, 1996, and was further amended by Resolution No. 2587, adopted on July 14, 2009, and said Resolution Nos. 990, 1243, 1399, 1436 and 2587 modified the list of parcels to be acquired by adding parcels to the list; and WHEREAS,the Commission now desires to further modify the list ofparcels ofproperty to be acquired by adding two parcels of property to the list,such parcels being commonly referred to as the northwest corner of Washington and Taylor ("the Added Parcels") and more particularly described in Exhibit A; and WHEREAS,the Commission previously adopted the Development Plan and now desires to amend the Development Plan to provide for the acquisition of the Added Parcels; and WHEREAS, on January 14,2011, the Commission authorized the Department to conduct surveys and investigations and to thoroughly studythe West Washington-Chapin Development Area within the City; and WHEREAS,pursuant to the Act,the Department has conducted surveys and investigations and has thoroughly studied the West Washington-Chapin Development Area and the Development PIan; and WHEREAS, upon such surveys, investigations and studies having been made, the Commission finds that the Plan Amendment cannot be achieved by regulatory processes or by the ordinary operations of private enterprise without resort to the powers allowed under the Act and that the public health and welfare will be benefited by the accomplishment ofthe Plan amendment which shall include the acquisition of the Added Parcels; and WHEREAS, the Commission has previously caused to be prepared maps and plats of the West Washington-Chapin Development Area showing the boundaries of the West Washington- Chapin Development Area which boundaries were previously adopted by the Commission(Exhibit B) and which shall remain unchanged by the Plan Amendment; and WHEREAS,the Plan Amendment conforms to other development and redevelopment plans for the City. NOW,THEREFORE,BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT, AS FOLLOWS: 2 I. The Commission hereby determines that to accomplish the redevelopment of the Area, it is necessary to acquire additional land within the Area, as shown on Exhibit A attached hereto and incorporated herein. 2. ' The Commission hereby determines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment. 3. The Commission hereby determines that the accomplishment of the Plan Amendment will be of public utility and benefit as measured by: a) the attraction or retention of permanent jobs; b) an increase in the property base; C) improved diversity of the economic base; and d) other similar public benefits. 4. The Commission hereby determines that the estimated cost of acquisition of the property being added to the acquisition list is $150,000.00. 5. The Commission hereby determines that the Plan. Amendment conforms to other development and redevelopment plans for the City. 6. The maps and plats of the West Washington-Chapin Development Area,showing the boundaries,the location of the various parcels of property, streets,alleys and other features affecting the acquisition, clearance,replatting,replanning,rezoning or redevelopment of the Area,that are to be devoted to public ways,levees,sewerage,parks,playgrounds and otherpublic purposes under the Plan, which maps and plats were previously adopted by the Commission,are hereby confirmed by the Commission. 7. The Secretary is hereby directed to file a certified copy of said Development Plan,as amended, with the minutes of this meeting. 8. The officers of the Commission are hereby directed to submit this Resolution, together with supporting data, to the Area Plan Commission and the South Bend City Common Council, as provided by Section 16 of the Act, for the approval of this Resolution and the Plan Amendment, and if approved by both bodies, the Resolution and the Plan Amendment shall be submitted to public hearing and remonstrance as provided by Section 17 and Section 17.5 of the Act and IC 5-3-1 and after all required filings havo been made pursuant to Section 17(b) and (c) of the Act. 9. All orders or resolutions in conflict herewith are hereby rescinded, revoked and 3 repealed in so far as such exist. 10. This Resolution does not affect any rights or liabilities accrued, penalties incurred, offenses committed,or(except as otherwise provided herein)proceedings begun before the effective date of this Resolution. 11. All other findings, determinations and conclusions in Resolution 818, as amended heretofore, shall remain as stated therein. 12. The United States of America is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964, as amended. ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on January 21, 2011, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT r� S'ignatur'e Marcia I. Jones, President Printed Name and Title South Bend Redevelopment Commission ATTEST• ,e, Signature Nancy N. King, Secretary Printed Name and Title South Bend Redevelopment Commission Filed in Cior k'S 01, 4 FE 2 3 ' JOHBet 1100FtRE p^,Ty CLERK,S SEND-IN EXHIBIT A RESOLUTION NO. 2837 AMENDMENT TO THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA DEVELOPMENT PLAN ADDITION TO THE ACQUISITION LIST PARCEL ID OWNER OF RECORD ADDRESS 18-1024-105602 Washington Street Partnership 601 - 605 W Washington St South Bend, Indiana 1 5-1024-105601 NJS Inc. 109— 111 N Taylor St South Bend, Indiana • a WWCDA Properties Additions to Acquisition List 601 - 605 W. Washington St 109 - Ill N. Taylor St 1:9 3n t �'�: 5 ` a • aF < ' r Y Rushton Buiidrng' 05 W:Washln ton.St .109-111 N. Taylor St. i- 4 t t`ft a .. .. I r•::• �:.„:>, ..a-eT.,a>,:,,,�',i.. arm. ,x cur- i I Tippecanoe Place Restaurant w r E 4 c tom: r ; 1 ii � Pta U� r F i 1rY I Exhibit B (Plan Commission Order) RESOLUTION NO. 214-11 RESOLUTION OF THE ST.JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN NOR THE WEST WASHINGTON CHAPIN DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO-BE ACQUIRED WHEREAS, the St. Joseph County Area PIan Commission (the "Plan Commission"), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana(the "City"); and WHEREAS, the South Bend Redevelopment Commission(the "Commission"), is the governing body of the South Bend Department of Redevelopment(the"Department'): and WHEREAS, on January 21, 2011, the Commission approved and adopted its Resolution No. 2837 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE WEST WASHINGTON=CHAPIN DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED" (the "Declaratory Resolution"), attached hereto as Exhibit A; and WHEREAS, the Declaratory Resolution amends the acquisition list contained in the West Washington-Chapin Development Area Development Plan (the "Plan") for the West Washington-Chapin Development Area (the "Area"), identifies one or more parcels located within the Area as parcels necessary for the implementation of the Plan and adopts an amendment to the Plan(Exhibit A to the Declaratory Resolution) (the"Plan Amendment); and WHEREAS, the Commission has submitted the Declaratory Resolution to the Plan Commission for approval pursuant to the provisions of Indiana Code 36-7-14 (the "Act"); and WHEREAS,pursuant to the provisions to the Act,the Plan Commission desires to issue its written order approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution; NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area Plan Commission„as follows: 1. The Declaratory Resolution and Plan, as amended by the Declaratory Resolution, conform to the plan of development for the City. 2. The Declaratory Resolution and Plan Amendment are in all respects approved, ratified and confirmed. 3. This Resolution is hereby designated and constitutes the written order of the Area Plan Commission approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution,pursuant to the requirements of Section 16 of the Act. 4. The Secretary of the Area Plan Commission is hereby directed to forward a copy of this Resolution together with the Declaratory Resolution to the South Bend City Common Council for its consideration. 5. The Secretary is hereby directed to file a copy of said Declaratory Resolution with the minutes of this meeting. ADOPTED, APPROVED AND ISSUED by the St. Joseph County Area Plan Commission this 15th day of February,2011. ST. JOSEPH COUNTY AREA PLAN COMMISSION nt ATTEST: S . Hied in Clerk's Ohio JOHN V0040E p�lq�^p�p i��q�[p � lY Dar f i CLERK,RHO 6 H 8V r...-.«{Vgw,..�....i 1 .es.w...f «2.. o�sa1VT ,f CE. 1865 CITY OF SOUTH BEND STEPHEN J.LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D.ZIENTARA CONTROLLER February 23, 2011 ' a,m 00— Mr. Derek Dieter President, South Bend Common Council Ott'Floor, County-City Building South Bend, IN 46601 re: Appropriation of Common Council for State of Indiana Grant Monies for the Construction of the Kroc Center in the City of South Bend Dear President Dieter: On June 28, 2010, the Common Council adopted Ordinance 10016-10, appropriating $2,000,000 in State of Indiana Grant pass through funds for the operating endowment for the Ray and Joan Kroc Center to be constructed at Western and Chapin Streets in the City of South Bend. The State of Indiana grant funds were defined to be awarded for the project in four(4) payment tranches of$500,000, the first in July of 2010, with the remaining three(3) in fiscal 2011. This bill, will appropriate, the remaining $1,500,000, of the State of Indiana Grant funds to the Kroc Center project, for receipt from the State of Indiana, and pass through to the Salvation Army, during fiscal 2011. Funds will be received from the State of Indiana, and upon receipt will be disbursed to the Salvation Army, in accordance with the stipulations of the State of Indiana Grant. Funds will be received in Fund 210, State Grant, and will be disbursed from the same fund. Payment tranches from the State of Indiana will be in increments of$500,000, receipted by the City of South Bend and disbursed to the Salvation Army in$500,000 tranches,following receipt of funds. This bill is presented to Council for first read at the February 28 meeting, committee meeting, 2Ra read, P read and Council vote on March 14, 2011. Controller Zientara will present this bill to Council at the committee meeting and at the Council session. Regard , F110d in Glory's f ff�Ce FE Gregg i ara �t 3 a cc: Stephen J. Luecke, Mayor of the City of South Bend JQHN VQORpE Jeff Gibney CITY CLERK,SOM IIIEND,IN County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830 Phone: 574/235-92I6 Fax; 5741235-9928 T'DD: 5741235-5567 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING$1,500,000.00 FROM STATE GRANT FUND(#210) AS THE OPERATING ENDOWMENT FOR THE RAY AND JOAN KROC CENTER STATEMENT OF PURPOSE AND INTENT On June 28, 2010, the Common Council adopted Ordinance 10016-10, appropriating $2,000,000 in State of Indiana Grant pass through funds for the operating endowment for the Ray and Joan Kroc Center to be constructed at Western and Chapin Streets in the City of South Bend. The State of Indiana grant funds were defined to be awarded for the project in four (4)payment tranches of $500,000,the first in July of 2010, with the remaining three (3) in fiscal 2011. This Ordinance, will appropriate,the remaining $1,500,000, of the State of Indiana Grant funds to the Kroc Center project, for receipt from the State of Indiana, and pass through to the Salvation Army, during fiscal 2011. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The sum of $1,500,000.00 is hereby appropriated from State Grant Fund (Fund ##210) for the operating endowment at the Ray and Joan Kroc Center to be constructed at Western and Chapin Streets in South Bend. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. oc. - 10 Member of the Common Couvicil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock m. City Clerk t 4 ; Approved and signed by me on the day of , 2 , at o'clock m. Mayor, City of South Bend Filec! In Clerk's Of1 j N-5 .=FED 23 L : 1 G Cr!'IY JOHN V4Ctt CLERIC,8()U�' PASSED UT Wei PRACR CITY OF SOUTH BEND STEPHEN J, LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D.ZIENTARA CONTROLLER February 23, 2011 Mr. Derek Dieter President, South Bend Common Council 4"' Floor, County-City Building South Bend, IN 46601 re: Appropriation of the Common Council for the Cost of Public Infrastructure Construction in the Triangle Property Project Site Dear President Dieter: On January 28, 2008, Council adopted Ordinance No. 9824-08, appropriating monies to provide funding for certain infrastructure improvements relating to the construction of a mixed use development commonly known as Eddy Street commons and Triangle Development. The Triangle Development project is a construction project defined as 55-60 residential properties, 70% at market rate pricing and 30% affordable pricing. The appropriated funds will be used to pay for the public infrastructure improvements including roads, curbs, sidewalks, street lamps, sewer lines, etc., per the approved architectural and project design. The original appropriation of $5.3 million was segmented to include $4,1 million related to Eddy Street Commons and $1.2 million to Triangle Development. Monies appropriated for the Triangle Development were never expended, due to project delays resulting from property acquisition delays. The City let the appropriation expire at the end 2009. Now, the City of South Bend desires to recommence the Triangle Development project at this time. Therefore, request is made to appropriate $2.4 million, $2.0 million in Major Moves Fund 412 and $0.4 million in Sewer Capital Fund 642, This bill is presented to Council for first read at the February 28 meeting, committee meeting, 2nd read, 3rd read and Council vote on March 14, 2011. Mayor Luecke and Public Works Director Gilot will present this bill to Council at the committee meeting and at the Council session. Regards, Filed ( ';S ° 'flee 4 Gregg D. Zientara .'�� r n L.,J � `"f L L I cc: Stephen J. Luecke, Mayor of the City of South Send �-_- Gary Gilot „t:F,=r �► i�¢f Cll'f1f CL, �' SUCH BEND,IN County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601-1830 Phone: 574/235-9216 Fax: 574/235-9928 TDD: 574/235-5567 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUCNIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF$2,000,000. FROM MAJOR MOVES FUND (#412) AND THE SUM OF$400,000. FROM SEWAGE WORKS CAPITAL FUND (#642), FOR TOTAL APPROPRIATION OF$2,400,000., FOR THE PURPOSE OF INFRASTRUCTURE CONSTRUCTION AT THE TRIANGLE PROPERTY PROJECT SITE STATEMENT OF PURPOSE AND INTENT On January 28, 2008, the Common Council adopted Ordinance No. 9824-08, appropriating monies to provide funding for certain infrastructure improvements relating to the construction of a mixed use development commonly known as Eddy Street Commons and Triangle Development. The Triangle Development project is a construction project defined as 55-60 residential properties, 70% at market rate pricing and 30% affordable pricing. Monies appropriated for the Triangle Development under Ordinance 9824-08 were never expended, due to project delays resulting from property acquisition delays. The City let the appropriation expire at the end of 2009. The City of South Bend now desires to recommence the Triangle Development. The appropriated funds will be used to pay for the public infrastructure improvements including roads, curbs, sidewalks, street lamps,,sewer lines, and similar items, per the approved architectural and project design. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The sum of Two Million Dollars ($2,000,000) is hereby appropriated and set aside within Major Moves Fund (#412) for infrastructure construction at the Triangle Property Project site. Section II. The sum of Four Hundred Thousand Dollars ($400,000) is hereby appropriated and set aside within Sewage Works Capital Fund (#642) for infrastructure construction at the Triangle Property Project site. Section Ill. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Councf op C. ` and 9 & dk5 dfa Jv. u)r5 iL 3 Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 ,at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock m. Mayor, City of South Bend Filed In C";-wk's Office . 1St in 2 4 1011 CITY CLERK,SOUTH BEND,IN JOHN W SYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI AREA PLAN COMMISSION �'EPUTi'>alaECroa OF ST. )pSEPH COUNTY, IN 227 W JEFFERSC7N BLVJS. ROOM 1 144 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 46601 (574)235-957! February 16,2011 s The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: A proposed ordinance of Cecil&Nancy Klopfenstein to Two Family District to OB Office from SF 1 Single Family and ce Buffer District, �n3'located at 5032 Miami Street, City of South Bend-APC#2581-1 I prol Dear Council Members: - I hereby Certify that the above referenced ordinance of Cecil&Nancy Klopfenstein was legal advertised on Thursday,February 3, 2011 and that the Area Plan Commission at its public ly hearing on Tuesday,February 15,2011 took the following action: Upon a motion by Donna Chamblee, being seconded by Robert Hawley and unanimously carried,the proposed ordinance of Cecil&Nancy from SF I Single Family and Klopfenstein to zone Two Family District to OB Office Buffer District, Property located at 5032 Miami Street, City of South Bend is sent to the Common Council with a favorable recommendation. The intent of the Office Buffer Dis ct, in t i Part, is to serve as a transition district. The OB District development standar s are d established to assure small scale developments,An Area Board of Zoning Appeals variance will allow for a slightly larger building while limiting land uses that would be incompatible to the area. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than th used for the Common Council's first reading. The amended Ordinance was legally advertised and at heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a I date to be made a part of this report. ater Sincerely, W. Byorn _ jc �'lled In Clerk's C JWB l Attachment LEEB CC: Cecil&Nancy Klopfenstein HAI "'K,,soUl ,g RFAI IN, SERVING:ST,jChSEPH COUNTY.SOUTH BEND,LAlCEVlLLE,Ni;W CARLfSLE,IVOaTF-F L18EFiTY,C3SCEOL,q�ROSELgNp www,stjasephcountyin dfana.corm/Areaplan Ifil$Reart APC# 2581-1 l owner: Cecil&Nancy Klopfenstein Location: 5432 Miami Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SFI Single Family and Two Family District to OB Office Buffer District to allow inswmance agency. Land Uses and Zoning: On site: On site is a house and shed. North: To the north is a single family'homie zoned SP Single Family and Two Family District and the Fairington Apartments zoned MF2,fliglaDensity Multifamily District. Fast. To the east is-a vacant parcel zoned SFI Single Family and.Two Family District and the Faidagton Apartments zoned MF2 High.Density Multifamily District. South: To ffie south, across Jackson Road, is the Souttiside Baptist Church,zoned SFI Single Family and Two Family District. To the southeast is the Hermitage Estates subdivisions zoned PUD Planned Unit Developma t District. West: To the west, across Miami Street; is Jackson Middle School and a NIPSCO substation,both zoned SF I Single Family and Two Family'Diistrriict. District.uses and.development standards: The OBOffice Buffer District is established to promote the development of small scale office, Professional, business, governmental and quasi-governmental uses. Since the types of permitted uses in the OB District are typically less commercial in appearance and are architecturally more harmonious with residential structures, this district can serve as a buffer between residential districts and more intense commercial or industrial districts.The OR DisWct may also serve as a gradual and reasonable transition between major'thoroughfares and residential districts. The OB District development standards are established to assure small scale developments. Site plan description: ' .The site is 1.15 acres. A new 5,950 square foot building is Proposed The maximum size-of a building in the OB Office Buffer District is'5,000 square feet. A variance for building size will need to be filed with the Area Board of Appeals. The building coverage is 12%of the site. The twenty two parking spaces,plus drives,cover 24%of the site The site plan shows an access on Miami and an access on Jackson.Tile subdivision done in 1986 allowed.one access on Miami. A re-plat must be submitted so that the access on Jackson can be.granted by the Plat Committee during the subdivision process. Traffic and transportation considerations: Miami Road was recently widened to four lanes. Jackson Road is two lanes with a right turn lane. Utilities: The site is currently served by a well and septic system. The site plant indicates the new building will be connected to water and sewer. Water lines are located along both Jackson Road and Miami Street. The City Engineer notes sanitary sewer is site. located approximately 275' east of the Additional information:(Agency comments) The Historic Preservation Commission lists this structure as"notable"on a 2005 survey. Cecil&Nancy Klopfenstein #2581-11 Page I of 1 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: PlarL Objective LU 2A Provide buffer spaces between non-compatible land arses. Land Use Plan: The future land use map has designated this site as low density residential. 2. Current conditions and character: In the immediate vicinity is a school,a church,an apartment complex,and a subdivision which is buffered by a berm wW extensive landscaping. The area to the north of the St. Joseph Valley Parkway is commercial. 3. Most dedrablp use: The mkt desirable use is we that can compliment both the neighboring residential and non- residaakial 4. Conservation of property vahres: If properly buffer A the surrounding property values should not be affected. I Responsible development and grawth: It is responsible development and growth to accommodate compatible uses at this intersection. Recommendation: Based on information available prior to the public hearing the staff recommends the petition be sent to the Common Council with a favorable recommendation. Analysis: The intent of the Office Buffer District,in part,is to serve as a transition district.The OB District development standards are established to assure small scale developments. An Area Board off' Zoning Appeals variance will allow for a slightly larger building while limiting land uses that would be incompatible to the area Cecil dt Nancy Klopfensfain #2581-11 Page 2 of 2 F �d ubb dd W am 3 mg �� lz g e d 6�y ✓�1 .SOUTH SEND a. p cb � yy ad b4 b#,ad II - $$R� JacksOn IL by � wa, P p t b C � •_ Rezoning from: "SF1" SINGLE FAMILY & TWO. FAMILY DISTRICT to "OB" OFFICE BUFFER DISTRICT N Master Zoning ' w E yp6.�p �y. SOUTH BEND"SF1"SINGLE FAMILYAND TWO FAMILY DISTRICT RrFH P:W SOUTH BEND"MF2"HIGH-DENSITY MULTIFAMILY DISTRICT S SOUTH BEND"PUD"PLANNED UNIT DEVELOPMENT I inch = 200 feet APC # 2581 W-1 1 ORDINANCE NO. AN ORDINANCE AME11TDING 5032 ARAM STREET,SOUTH BEl THE ORDINANCE FOR PROPERTY LOCATED IN CMB ND C DISTRICT FIVE(5)IN THE CITY OF SO STA OF P OSE AND NT THE PROPERTY LOCATED AT 5032 MIA RES DINT AL AND IS MI ST,IS CURRENTLY,ZONED SINGLE FAMII„y PROPOSE CH"GINO�S RESIDENTIAL SPACE TO SEVERAL TEN CONSTRUCTION OF A NE�RpFEss UNAL B FO"I'S. WE UFF'ER'TO ALLOW FOR TSE BUREAU INSURANCE. FOR INDIANA FARM Indiana as follows:T�REFORE BE IT OR.DAIlVED by the Common Council of the City Of South Bend, S ON 1. Ordkmce No. 9495-04 is Ordinance of the C' amended, which ordinance is commas classification of th f Ilo Bend, Indiana, and the commonly known as g descnbed real estate ' same hereby is amended is order the Zoning Ind: m the City of South Ben that the zoning Bend, St: Joseph County, State of LOT NCT,tyIBER ONE(1)AS SHOWN ON THE RECORDED P MINOR SUB 'OF JACKSON ROADS be and the same is hereby established as OB OFFICE BUFFER DISTRICT C This ordinance shall be in fall force and ouncil,approval by the,Mayor,and legal publication. effect from and after its Passage by the Common hest: Member of the Commo,Council City CIerk 20 at Presented by me to the Mayor of the City of South Bend,Indiana on the day of o'clock --,—.�_ City CIerk Approved and signed byme on the .m. - ------ day of___—,20�, at o'clock . Mayor of the City of South Bend,Indiana Filed in Clerk's office JAN 2 7 2Q11 f:} k r=;D-1; G .JOHN VOORDE :,,.:r A. 4C=,ED L c17rctERK,SOUTH BEND,IN ,ASSED