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02-25-08 Council Meeting Agenda & Packet
SOUTH BEND COMMON COUNCIL MONDAY, FEBRUARY 25, 2008 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: 08-08 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED BETWEEN 3515 MCKINLEY AVENUE AND APPROXIMATELY 125 FEET EAST OF PRESTON DRIVE, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 82-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19, SECTION 2- 213(a) OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE THE TABLE OF CODE VIOLATIONS AND PENALTIES 11-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i) OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING MINUTES OF THE COUNCIL'S STANDING COMMITTEE MEETINGS 8. BILLS, THIRD READING BILL N0. TIME: 08-08 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED BETWEEN 3515 MCKINLEY AVENUE AND APPROXIMATELY 125 FEET EAST OF PRESTON DRIVE, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 82-07 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19, SECTION 2- 213(a} OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE THE TABLE OF CODE VIOLATIONS AND PENALTIES 11-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i) OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING MINUTES OF THE COUNCIL'S STANDING COMMITTEE MEETINGS 9. RESOLUTIONS BILL N0. 08-14 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATION LICENSES PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE 07-122 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS VACANT LAND IN THE AIRPORT DEVELOPMENT AREA AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN- YEAR REAL PROPERTY TAX ABATEMENT FOR OLIVE CLEVELAND PARTNERS LLC 08-15 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE OLD TARGET STORE RETAIL COMPLEX LOCATED ON THE NORTH SIDE OF MCKINLEY AVENUE JUST WEST OF HICKORY ROAD AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN-YEAR REAL PROPERTY TAX ABATEMENT FOR MCKINLEY APARTMENTS HOUSING PARTNERS, LP 08-16 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 3445 WILLIAM RICHARDSON DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FOUR-YEAR REAL PROPERTY TAX ABATEMENT FOR JADE ELEPHANT HOLDING, LLC (LAKE MICHIGAN MAILERS, INC.) 08-17 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 3445 WILLIAM RICHARDSON DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LAKE MICHIGAN MAILERS, INC. (JADE ELEPHANT HOLDING, LLC) BILLS, FIRST READING BILL NO. 11. UNFINISHED BUS-INESS 12. NEW BUSINESS A. UPDATES FROM COUNCIL MEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS B. MISCELLANEOUS 13. PRIVILEGE OF THE FLOOR A. PUBLIC PORTION B. UPDATE FROM COUNCIL 'MEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING 14. ADJOURNMENT TIME: Area Plan Commission of St. Joseph County. 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 February 20, 2008 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 S~.~S~~ ~~i~ ~~ . ~g,~g RE: A proposed ordinance and site development plan of BRC South Bend, L.L.C. to zone from CB Community Business District to MF2 High Density Multi-Family District, property located between 3515 McKinley Avenue and approximately 125 feet east of Preston Drive, City of South Bend - APC# 2461-08 Dear Council Members: I hereby Certify that the above referenced ordinance of BRC South Bend, L.L.C. was legally advertised on Thursday, February 7, 2008 and that the Area Plan Commission at its public hearing on Tuesday, February 19, 2008 took the following action: Upon a motion by Karl King, being seconded by Robert Hawley and unanimously carried, the proposed ordinance and site development plan of BRC South Bend, L.L.C. to zone from CB Community Business District to MF2 High Density Multi- FamilyDistrict, property located between 3515 McKinley Avenue and approximately 125 feet east of Preston Drive, City of South Bend is sent to the Common Council with an unfavorable recommendation. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, w hn W. Byo JWB:sr Attachment CC: BRC South Bend, L.L.C. Real Estate Advisors, LLC Derek J. Spier, A.I.C.P. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # Owner: Location: Jurisdiction: 2461-08 BRC South Bend, L.L.C. Between 3515 McKinley Drive City of South Bend Avenue and approximately 125 feet east of Preston Requested Action: The petitioner is requesting a zone change from CB Community Business District to MF2 High Density Multi-Family District to allow. Land Uses and Zoning: On site: The site is vacant property with a driveway running through it. North: To the north are single family homes. East: To the east are commercial buildings. South: To the south are single family homes. West: To the west are single family homes. District uses and development standards: The "MF2" Multi-Family Residential District is established to protect, promote and maintain the development of high density multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of multifamily dwelling projects with on site amenities. Site plan description: The site is approximately16.08 acres. The site plan shows 13 two story buildings with 16 units each. The project has a proposed density of 12.9 units per acre. In addition the site plan indicates an approximately 2,200 square foot Club House. Buildings will cover approximately 18% of the site. Parking and pavement will cover an additiona130% of site. Five percent of the site will be developed as recreational open space. The remaining 47% of the site will consist of open space. 463 parking spaces are proposed. Type A open landscaping is required along the entire perimeter of the site. In addition to the perimeter landscaping, Type C full screening will be added along the northern property line, between to the access drive and the residences to the north. Zoning and land use history & trends: Prior to the adoption of the latest zoning ordinance in 2004, the site was zoned B Multifamily and C Commercial. Traffic and transportation considerations: McKinley Avenue has four lanes. Utilities: The site will be serviced by municipal sewer and water. BRC South Bend, L.L.C. #2461-08 Page 1 of 3 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City of South Bend - Cit~Plan, November 2006 Housing Policy H 5.1 Promote the variety, style, and affordability of housing stock. Housing Policy H 3.1 Encourage housing opportunities for low income households throughout the city to avoid concentration in any one area. The rezoning is consistent with the Comprehensive Plan's Housing Policies. Land Use Plan: Cit~of South Bend - Cit~Plan, November 2006 The Future Land Use Map identifies this area as Medium Density Residential. The rezoning is consistent with the Comprehensive Plan's Future Land Use Map. 2. Current conditions and character: The site is currently vacant land. The area is a mixture of commercial and residential in character. 3. Most desirable use: The most desirable uses for the property are office or residential. 4. Conservation of property values: The commercial property values to the east should not be affected by the rezoning. The surrounding residential property values maybe negatively affected by the rezoning. 5. Responsible development and growth: It is responsible development and growth to allow infill development on an underutilized property. Recommendation: Based on information available prior to the public hearing, the staff recommends this petition be sent to the Common Council with a favorable recommendation subject to written commitments stating that an ingress & egress cross-access easement be placed on the property running from the McKinley Avenue to the commercial area east of the northern portion of the site. Analysis: The proposed development would serve as a buffer between the commercial development to the east and the residential areas to the north and west. The addition of the required landscaping and building setbacks should further buffer the surrounding single family areas from the proposed development. A portion of the proposed site was previously zoned B Multi Family District prior to the adoption of the new zoning ordinance in 2004. The proposed written commitment would ensure continued access to the commercial area from McKinley as it presently exists and a second access to the apartments from the commercial area. BRC South Bend, L.L.C. #2461-08 Page 2 of 3 i ~< a `m ~ ~ . ~~ i 1 ~ yA, ~ +07+ S 1 ~ ~ ' ~+ s `r~..,~ a 3 Sorin ~c~~ SF c'~'~ $° '~` PIN OAK k SF1 L o .+ y d a` Ago ~~F~ ° MIRA~ ~.c' SF1 ~,~ ~ ~~ ,. }~5 ` ~~~ `_-. ~ ~ :.. ~W~ is~ c~ "wit $i , ssex ''~," ~ . ^ ~: ;}:~ . r ' :u~ m ~ #:h^ ~ +e~: McKi ~, +r< ~~. ~ :F~t` -k `~---: L7 ~ , N SF1 C7 SFt C SF1 '' w~ Asa ~ - _ Rezoning from: "CB" CaMMUNITY BUSINESS to "MF2" HIGH DENSITY MULTI-FAMILY Zoning Key ~',~ MISHAwAKA SOUTH BEND "SF1"SINGLE FAMILY &TWO FAMILY ~ 0 SOUTH BEND '0" OFFICE i® SOUTH BEND'CB' COMMUNITY BUSINESS N W E s 1 inch equals 3~~ feet APC # 2461-08 BRC South Bend, L.L.C. #2461-Q8 Page 3 of 3 _ Gary Allison ~' ~ ~- ' ~' 708 610 Preston Dr. C ,~i FF e ,f~ kk pFyR~ South Bend, IN. 46615 AREA ["~`.l~:Y'6 ~~:~:^ ~~~6~d6V Dear Sir or Madam: e ro osed ordinance to rezone the property located between 3515 In regards to th p p C #2461-08) I would like to state that McKinley Ave. and 125 feet east of P ezoned for MF2 High Density Multi-Family I am opposed to having this property District for the following reasons. I believe this will lower the property values for the telexes m this area and find it comp 1. 2. I fill that there are alreadare all fiillulti-Fame Y ut m back window and hard to believe that they ersonal reason, I would not like to look o Y 3. For my own p refer seeing the trees that are back there now. lex. see an apartment; I p artment comp I do not see any benefit for the residents of this area with another ap Again I am opposed to this ordinance. Thank You for your consideration. Gary and LuAnn Allison Feb 17 2008 7:31PM FiMC BILLING 5742320124 p•2 .11M Vi~ITTLING COL!NSEllNG nT F. GEOFFREY SAMORA & ASSOCIhTE6 /ANGELA BUILDING 150 WEST ANGELA BLVD. SOUTH BEND, IN assn ~ OFFICE PHONE: (574) 232-5065 ~~~~~ FAx:(574)232-5366 f~ . e (~~ jo l9 o'E~ ]/ 11~~ ~O yy~- ~-1 r ,~ Sr') ~ ~ s ~' -~tf~ C ~--~ J wN ~'2 ~'T g3~•i ~r ~s-~i ~ tS !~~ rr~ ..~ H ^{zCL ~ ~~ Z' Y~ ~ ~~ ~ Y~2orv ~r~~~ ~~ ~'Ei' NSS.> ~ ~ 6•~ ~~a~ ~~~' "~ g ~~ ~ ~ ~~ ~- v ~ Si~a~~~~~ ~~ ~. ~~v / ~~ i ~ S ~ ~ .V 3 L ~ ~! /~ ~ p R L'T'Al~L ~ ~' S ~ ,al~,~~ ~ ~YC'l.vP -` S'~~ _ ri, w,~.t~ ~rzST-r~,~ a ~ ,~1G Ttr X11 ? N~ ~ L~ !~ c~ (~ ~ 7V 1 J N..S ~ ~P 1~ EL~ /11-~7' o /1/ ~,~ ~~ . s r-~ ~ j ~'~ (~ LS" i D~~.~~ ~ ~~.tT A LSv fs ~ l~ ~~ S'u ~~~N~: ~+( j ~ ~-rwn~u~i~ (~~s~17~'ti~' ~a ~O G~v~t~S. ,(~ c~- I ~ /J ~~ ~i P H J v~/ F'!~ ~ L- L S95 /•t'1"~l YJL~N.t~ i ~ SSt.~-~ L f•' 1`1 / ~ ~1/ ~ /7~• L .s'S~ GAS r,/h~ ~'~~' ~. 1 NGLUd D ~ ~ O sv Th~~ G ~' ~r~~. ~~~~~ 4 ~ ~~ ~~ X ~ ~ ~ ~' ~ ~ - l ~~ Februazy 13, 2008 Area Plan Commission of St. Joseph County 1 I40 County--City Building South Bend, IN 46601 This letter is in reference to: 3422 Sorin Street South Bend, IN 46615-3336 Phone 574 - 289-0225 ~~~~~~~~ ~:aa~ ~ ~ 2008 AREA Pl_r~F~ C®o ~~ a:.;v~~:~~3 A proposed ordinance and site development plan of BRC South Bend, L.L.C. to zone from CB community Business District to MFZ High Density Multi-Family District property located between 3515 McKinley Avenue and Approximately 125 feet east of Preston Drive, City of South Bend to allow - APC #2461-08 As a resident on Sorin Street, I am opposed to the rezoning of this property for several reasons. Primarily, it will have an adverse effect on my properly value. This is my chief concern as my home is my main investment. Other considerations ate: Increased traffic noises and exhaust fumes Obstructive views and decreased privacy in my back yazd. Currently, many residents in this azea aze using this field as a safe place to walk their dogs, to jog or just go for wallcs. On a personal note and one which may seem unimportant to you, I Like to watch the geese gather there in lazge numbers as they prepare for their migratory flight in the fall. Frequently, I have seen cars come down that road and pazk to watch them. How nice if the city could make a pazk out of that property! Sincerely, 1 c , ~~'~~ FYf McKinley Apartments Housing Partners, L.P. William Hollingsworth 12557 Branford Street Carmel, IN 46032 February 16, 2008 Ann Puzzello 4~' District Council Member The City of South Bend Common Council 227 West Jefferson Blvd., Suite 400S South Bend, Indiana 46601 Deaz Ms. Puzzello: Your continued concern for current residents and homeowners adjacent to the proposed McKinley Apartments and the economic development and investment in South Bend is admirable, and your support of this rezoning and tax abatement demonstrates that concern. McKinley Apartments Housing Partners, L.P. will own the proposed apartment complex for a minimum of thirty (30) years. I expect to be the sole member of the General Partner, Equal Holdings II, LLC, for thirty (30) years. As longs as I am involved in this project, this property will not apply for or enter into any agreement to become a project based "Section 8" federally subsidized property. As I have mentioned on several occasions this is not an option for this property because of the "tax credits" that would be involved with this project. Thank you for your concern and your support of McKinley Apartments. Sincerely, /' i ~ c William Hollings orth Sole Member of the General Partner McKinley Apartments Housing Partners, L.P. ~~~~o~~® FEB 1 9 2008 ~~~Y't~'~ ®~e~~~ Fi1~d ~~1 FEB ~ g 2008 JOlld vS0~0E D, IN. CITY Gi-ERK, .,~,.-- AREA PLAPI Ct;3cdiNliSB3~6J ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY BETWEEN 3515 MCKINLEY AVENUE AND APPROXIMATELY 125 FEET EAST OF PRESTON DRIVE, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The property is currently zoned "CB" Community Business District and is proposed to be rezoned to "MF2" High Density Multi-Family District to be developed as an apartment complex. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A part of the southeast quarter of Section 5, Township 37 North, Range 3 East, City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows: Lot 3 of McKinley-Hickory minor subdivision as recorded under instrument number 0734550 in the office of recorder of said county. Subject to easement, covenants, restriction, and right-of-way of record. be and the same is hereby established as "MF2" High Density Multi-Family District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana ~_o~ 1st READl~G t ° . PUB!(C HEA°.IF~lG 3 rd READif~IG ~dOT APPP.OVED ?.EEc"RED "~SSED ~i{~d [n Glerk'~ t~i~ice FEB - 5 2008 JQHH YSO RBE!!D, !N. CITY CLERf~, 1200 COUNTY-CITY BUILDTNG 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTFI BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR January 18, 2008 Mr. John Voorde, City Clerk South Bend City Clerk Office 227 West Jefferson Blvd., 4`n Floor South Bend, ]N 46601 filed In Cleric's Office JAN 1 8 2008 JOHN VOORDE CITY CLERK, S0. BEND, !~!. RE: A request to fast track Bill No. 08-08, a rezoning for 3515 McKinley Ave. for the Common Council's February 25th meeting Dear Mr. Voorde: The City of South Bend Department of Community & Economic Development has been working with the development team that is pursuing a rezoning for land adjacent to the former Target store at Hickory and McKinley. A rezoning request has been filed and will be heard by the Area Plan Commission on February 191h and would typically not be heard by the Common Council for final approval until March 10`n Due to project timeline constraints, the City respectfully requests.your assistance in scheduling this project for its final hearing and approval at your regular meeting on Monday, February 25`n. It is also anticipated that a tax abatement for this same project would also be on the Council's agenda in the form of a confirming resolution. We believe that this project would be an asset to development efforts in this quadrant of the City and that this project could help to further stimulate the development and redevelopment efforts at this greyfield site. ~ . Thank you in advance for your assistance and cooperation on this matter. If you have any questions about this project or need further information, please do not hesitate to contact me directly at 235-5842. Sincerely, - ~ ~ ~I, /~~~ + _C' IG `~ C.~ Bill Schalliol - Economic Development Planner COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT ~ ~ ~ FINANCIAL Sz PROGRAM PAMELA C. MEYEA - DONALD E. INKS ~ MnN'~.GEMEN-r 574/235-9660 574/235-9371 ELizAaerH LEONARD FAX: 574/235-9697 ~ ~ •~ - ~ 574/235-9371 ' Date Filed Date received by the Area Plan Commission Application I (we) the undersigned make .application to the Common Council of the City of South Send, Indiana to amend the zoning ordinance as herein requested. 1) The property sought'to be rezoned is located: Between 3515 McKinley Avenue and approximately 125 feet east of Preston Drive. 2) Name and address of property owner(s) of the petition site: BRC South Bend, L.L.C. 340 East Paces Ferry Road Atlanta, GA 30305 Phone Number 3) Name and address of contingent purchaser(s), if applicable: Real Estate Advisors, LLC 812 W. Ellison Road Mishawaka, IN 46545 ' (574) 255-1976 4) It is desired and requested that this property be rezoned from "CB" Communit,~Business District to °iMF2" High Densitv Multi-Family District 5) This rezoning is requested to allow the following use(s): Aparhnent Complex 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and, addresses of all properly owners and the tax key numbers far all properties within 300 feet bf the petition property; and (e) addressed, stamped envelopes for all properly owners within 300 feet of the petition property (f) a location map, if available, dra to scale, which includes street names, printed in 8'/x" x 11" format. L%'~/~ , Fritz R McPhail, ger BRC South Bend, LL PETITION PREPARED BY: CONTACT PERSON: (If different) Derek J. Spier, A.I.C.P: Same as preparer. 750 Lincoln Way East South Bend, IN 46601 . dspier@abonmarche.com . ~il~~ t~ (~rk'~ ~~fii~e FEB - 5.2008 dDli*1 VOp~DE CITY CLI:dK, 50. ghNQ, IN• LEGAL DESCRIPTION: A PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 3 OF MCKINLEY-HICKORY MINOR SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 0734550 IN THE OFFICE OF RECORDER OF SAID COUNTY. SUBJECT TO EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT-OF-WAY OF RECORD. j"I~(?€a~ ~P~ ~~~'~~C'~ Q$~~C~ JA hJ - 9 2008 Jt~~;Pr ~!~o~e~ STATEMENT OF PURPOSE AND INTENT The property is currently zoned "CB" Community Business District and is proposed to be rezoned to "MF2" High Density Multi-Family District to be developed as an apartment complex. ~i0~~ j~ ~'~~~~'~ ~ f ~ -~. JAN - 9 2008 ClT~" ~'~~q4 S?~. C~=t+'~, the' 1400 C,oUNTY-CITY BUILDING 227 JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9241 FAx 574/235-9892 TDD 574/ 235-5567 CrrY OF SOUTH BEND STEPHEN J. LuECxE, MAYOR DEPARTMENT OF Z,AW CHARLES S. LEONE ALADEAN M. DEROSE CITYATTORNEY February 20, 2008 CHIEF ASSISTANTCITYATTORNEY Mr. Timothy A. Rouse President, South Bend Common Council 4~' Floor, County-City Building ~ ~~ ~ ~~~ South Bend, IN 46601 Re: Postponement of Second and Third Reading of Bill No. 82-07 Dear Mr. Rouse: This letter is to request, again, that second and third reading on Bill No. 82-07 be postponed. The requested new hearing date is March 24, 2008. As you know Bi1182-07 serves to update the list of South Bend Municipal Code violations summarized at Chapter 2, Article 19, Section 2-213(a). I have been working with Council Attorney Kathy Cekanski-Farrand on a substitute version of this bill, but we both believe more time is needed. For this reason I am requesting a postponement of Council action to March 24, 2008. Thank you for this accommodation. Sincerely, ~- Aladean M. DeRose Chief Assistant City Attorney AMD/cw cc: Kathleen Cekanski-Farrand FiI~~ el~ Cl~ri~'~ Cf~i~e F E B 2 0 2008 JOli4 VOOA~JE THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL HASH JEFFREY M. JANKOWSHI SHAWN E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN s.~~lt ~~~ gZ-~1 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19, SECTION 2-213(a) OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE THE TABLE OF CODE VIOLATIONS AND PENALTIES STATEMENT OF PURPOSE AND INTENT . The Table inset of Chapter 2, Article 19, Section 2-213(a) of the South Bend Municipal Code is a summary of all acts which constitute violations of the South Bend Municipal Code along with the penalties prescribed for each violation. This table has not been revised recently to reflect changes, and additions to the listed violations and their respective penalties. This ordinance provides the necessary update. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 2, Article 19, Section 2-213(a) of the South Bend Municipal Code shall be amended to read as follows: (a) The following schedule of ordinance and code provisions are subject to admission of violation before the Violations Clerk and includes the amount of the civil penalty to be assessed a violator who elects to admit a violation: TABLE INSET: Municipal Code Section Type of Violation Penalty 4-8 Licensing violation 50.00 4-18.5 Adult businesses uP to 2,500.00 4-19 Arborist license 4-20 Automotive repair and service centers 50.00 up to 2,500.00 4-20.5 Vehicle removal service 151 - 50.00 2nd - 250.00+ thereafter - 250.00 up to 2,500.00 4-22 Carnivals and circuses 400.00 up to 2,500.00 4-23 Fertilizer manufacturing facilities 25.00 up to 2,500.00 4-25 Food vending vehicles up to 100.00 4-30 Hotels and motels up to 2,500.00 4-34 Self-service laundries up to 2,500.00 4-35 Massage establishments and technicians 500.00 up to 2,500.00 4-36 Pool halls ~ to 2,500.00 4-38 Open-air businesses ~ to 2,500.00 4-39 Public Rarkin~ facility up to 2,500.00 4-40 Outdoor motion picture theaters 500.00 up to 2,500.00 4-43 Peddlers and canvassers ~ to 2,500.00 4-44 Precious metals dealers 200.00 up to 2,500.00 4-45 Restaurants, e~ nerally ~ to 2,500.00 4-46 Restaurants with live entertainment and /or music up to 2,500.00 4-47 Recycling drop off centers 15L - 50.00+ 2nd - 100.00+ thereafter - 200.00 up to 2,500.00 4-48 Rubbish and garbage removal 59:68 300.00 4-51 junk dealers valuable Scrap metal dealers 200.00 up to 2,500.00 ,_ metal dealers and reeling operations 4-53 Secondhand stores 200.00 up to 2,500.00 4-55 Charitable solicitations 50.00 ~ to 2,500.00 4-60 Transient merchants (operator) ~ to 2,500.00 4-60 (k) Transient merchants (propertXowner) up to 500.00 4-61 Taxicabs: companies, vehicles and drivers ~ to100.00 4-62 Waste to ener~y facilities 25.00 up to 2,500.00 5-8 General animal care regulations ~-~66 ~ to 2,500.00 5-9 Sale of babesrabbits, chicks or fowl prohibitedi exception X5:66 25.00 5-10 Motor vehicle accidents involving animals 15t - 25.00 thereafter - 50.00 5-11 Animals in motor vehicles i~-66 25.00 5-12 Poisoning of animals X8:68 ~ to 2,500.00 5-13 Trapperin of animals restricted x:86 25.00 5-14 Maximum number of dogs or cats per household i~r.66 25.00 5-15 Acreage requirements for certain domestic animals 15.00 5r3 6 x:86 5-17 Owners or agents responsible for Kremovaling of animal wastes -1x69 25.00 5-18 Animal bites and reports 1S` - 25.00 thereafter - 50.00 5-19 Annual vaccination of doffs and cats required up to 2,500.00 5-20 Performinganimal exhibitions 75.00 5-21 Interference with animal control officer prohibited 15` - 25.00 thereafter - 50.00 . 5-21.2 Animals Prohibited~to Be Brought to Lame Events Held on Public Property: Prohibition 125.00 5-22 Protected animals ls` - 25.00 thereafter - 50.00 5-23 Keeping certain animals prohibited ' X98 IS` - 200.00+ thereafter - up to 500.00 ~6 •-~- r-°----- --...L ~____._°-°-- -rte'---- iii X5-66 5-27 American Pit Bull Terriers and Other~'e~llq Ddangerous ~g Animals: Llicensin~ X8:69 100.00 5-28 American Pit Bull Terriers and Other-Petei7ti~li-q Ddan~erous dig Animals: Specific regulations 50.00 5-28 a Specific regulations -Defacing tattoos 50.00+ 5-2g (b) Specific reguulations -Notification_ 50.00+ 5-28 c ~ecific regulations - Breeding 75.00 5-28 d ~ecific regulations -Pens or fences ls` - 25.00 thereafter - 50.00 5-28 e Specific regulations - Change of ownership 25.00 5-28 Specific regulations - Fi~htin~ ~ ~ to 2,500.00 5-28f ~) ~ecific regulations -Public property 50.00+ 5-28th) Specific regulations -Notification browner/agent 50.00+ 5-28 i ~ecific regulations -Serious injury or death 2,500 + 5-30 waving and neuterin og f adopted animals; microchip identification of adopted animals 15L - 25.00 thereafter - 50.00 5-32 Notice of pet license required ls` - 25.00 thereafter - 50.00 5-35 Dog and cat registration and identification 15` - 25.00 thereafter - 50.00 5-36 Pet shoespermit ls` - 25.00 thereafter - 50.00 6-46 Building contractors'- ~relicensin~ registration required; annual renewal ls` - 50.00 thereafter - 250.00 up to 2,500.00 7-19 Cable operator: Enforcement 500.00 2 9-15 Fire Code: Violation; penalty 100.00 up to 1,000.00 . 9-20 ~€ T eyp s of burning prohibited X9:66 100.00 up to 2,500.00 9=~}- ~rtrnirrg 59:69 ~ ~~rrrirrg 5:99 12-3 False alarm fines ls` through3`d - no fine 4"' -100.00 thereafter - 200.00 12-6 Alarm went -Penalties ls` - 100.00 thereafter - 200.00 .., 13-3 prohibited Gang Ioitering 15L - 100.00, late fee _ of 50.00 after 30 days 2na - 250.00, late fee of 50.00 after 30 days. thereafter - 500.00+, late fee of 50.00 13-4 Narcotics-related loitering_prohibited 15t - 100.00, late fee of 50.00 after 30 days 2na - 250.00, late fee of 50.00 after 30 days thereafter - 500.00+, late fee of 50.00 13-7 Loitering which obstructs public ways prohibited; enalties 1S` - 50.00+, late fee of 25.00 after 30 days p thereafter - 100.00+, late fee of 25.00 after 30 days 13-26 Panhandling and solicitation regulations -Prohibited IS` - 50.00 acts ~ thereafter - 100.00 up to 2.500.00 13-37 Prohibited activities related to ticket sales 1S` - 100.00 thereafter - 250.00 13-55.1 Loitering for solicitation ls` - 150.00 2na - 250.00 thereafter - 350.00 up to 1.000.00 within a one year eriod 13-57 Unreasonable noise 15L - 100.00, late fee of 50.00 after 30 days 2na - 250.00, late fee of 50.00 after 30 days 3Ta - 500.00. late fee of 50.00 after 30 days 13-57.1 Use of police officers at Llarge parties or gatherings requiring a second response• 50.00 to each violator 13-58 Discharging firearms prohibited; exception up to 2,500.00 13-59 Fireworks re ulg ation ls` - 100.00, late fee of 50.00 after 30 days 2"d - 250.00, late fee of 50.00 after 30 days thereafter - 500, late fee of 50.00 after 30 days If fire department involvement, costs up to 2,500.00 13-62 False fire alarms °-~ r-'-- r.-~°°'1~prohibited 50.00 up to 1,000 13-67 Warning required on certain size plastic bays ~ to 2,500.00 13-68 Sale and place of keeping glue restricted; recording uP to 2,500.00 sales required; penalty 13-69 Burial of dead persons not within cemetery up to 2,500.00 13-75.1 Real estate used for illegal use or sales of narcotics or -50.00 up to 2,500.00 controlled dangerous substances 13-75.5 Disorderly houses; prohibited 250.00 up to 2,500.00 13-78 Smoking or carrying li htg ed objects upon municipally ~ to 100.00 owned buses prohibited; exception; penalty 13-81 Public nuisance noises prohibited 1S` - 50.00+ 2"d - 100.00+ thereafter - 250.00+ 13-82 Stationary noises X9:66 1S` - 50.00+ 2"d - 100.00+ thereafter - 250.00+ 13-87 Collection of unlawful rc;e~el~rle materials by unauthorized person 1S` - 50.00+ thereafter 500.00 13-91 ~ Ddamage, defacing or injuring to property as an offense 15` - 50.00 thereafter 100.00 up to 2,500.00 13-97 Restrictions on the possession and manufacturing of 250.00 up to 2,500.00 assault weapons 13-98 Requirements for transporting and possessing 15` - 250.00 unloaded assault weapons additional 100.00 thereafter up to 2.500.00 13-104 Access to Firearms by Minors Prohibited: Parent and 100.00 le~~al guardian required to pro earl sire firearms/ammunition; dealers to conspicuously displa, signs 13-109 Public places where firearms are prohibited; exce~tions• signs to be conspicuously displayed 50.00 13-110 Public places where firearms are restricted; 50.00 u~ to 2,500.00 exceptions• signs to be conspicuously displayed • 13-125 Tattooing brandin , sg_carifying and piercing multiple fines for various violations from 150.00 to 2,000.00 14-2 Skateboarding and roller skating-prohibited on all city streets; exceptions 1S` - warning thereafter - 25.00 14-3 Skateboarding and roller skating=prohibited on sidewalks 15L - warning thereafter - 25.00 14-4 Skateboarding regulations in designated city-owned skateboard facilities 15L - warning thereafter - 25.00 14-~ 6 - Curfew -Fifteen- sixteen- and seventeen-year olds 1S` - 25.00 2nd - 100.00 thereafter in same year - 200.00 14-7 Children under fifteen (15) years of ale • 15L - 25.00 2na - 100.00 thereafter in same year - 200.00 14-14 Residential swimming pool 25.00 14-16 Prohibition of Open Alcoholic Beverage Containers: 15` - 50.00 Possession or consumption prohibited thereafter - 100.00 up to 2,500.00 14-17 Operator or owner of motor vehicle in violation6pert ls` - 50.00 thereafter - 100.00 up to 2,500.00 ..; 3-- ~.. _ _ 14-21 Ultimate fighting prohibited 1,000.00 up to 2.500.00 14-26 Public Safety Requirements for Lame Eatin~/Drinkin~ Establishments: Verification of server intervention~ro,~rams rewired to be filed with 15t - 100.00 2nd - 350.00 3`d - 500.00 the board of public safety 14-27 Verification of responsible mana eg_ment practices and 151- 100.00 programs required to be filed with the board of up blic 2°d - 350.00 safety 3`d - 500.00 14-28 Number of required trained security personnel and 15` - 100.00 verification of trained securitypersonnel required to 2nd - 350.00 be filed with the board of public safety 3`d - 500.00 14-30 Required public safety announcements 15` - 100.00 2nd - 350.00 3`d - 500.00 14-36 Stun Gun Regulations: Prohibited conduct 151- 250.00 2nd - 500.00 3`d - 1,000.00 16-12.1 Unauthorized collection of residential refuse; up to 2,500.00 penalties 16-543 Conditions constituting pPublic nuisances x:86-15` - 50.00 up to 2,500.00 2nd - 100.00 up to 2,500.00 thereafter - 200.00+ - to 2,500.00 }Cr-frl~ ee zs-6A 18-55 House Numbers: Displace ug nassigned number 15` - 15.00 prohibited thereafter - 25.00 18-5~6 Exhibit number; size of fig_ur_ 15L - 15.OOf thereafter - 25.00 18-58 Numbering new buildings; time limit 15` - 15.OOf thereafter - 25.00 18-59 Destruction or change of numbers prohibited 15C - 15.OOf thereafter = 25.00 19-17 Tree and Iawn area regulations ~-5:6@up to 2,500.00 19-34 Weeds and Noxious Growths: Failure to comply with 20.00 ~ to 1,000.00 notice; public nuisance 9=3~ ~8 19-40 Public Parks: Prohibited acts v~i~arks 50.00 19-41 Public Parks: Advertising-~~parks 20.00 19-42 Public Parks: Disorderly conduct 50.00 19-43 Public Parks: Gambling v~i~~ 50.00 19-44 Public Parks: Explosives, firearms, weapons and missiles 25.00 up,to 2,500.00 19-45 Public Parks: Aviation 25.00 19-46 Public Parks: Camping v~i~hirrpaiks 50.00 19-50 Public Parks: Peddling, sales, photographs, etc.; concession contracts 50.00 19-51 Protection of animals 25.00 up to 2,500.00 19-52 Public Parks: Fires v~titlrins discarding hg_ted cigars, etc. ~:6@50.00 19-53 Public Parks: Boating 25.00 up to 2,500.00 19-54 Public Parks: Fishing; pi'rotection of fish 25.00 19-55 Public Parks: Bathing v~it~~ir~-parks 25.00 19-56 Public Parks: Subsurface aquatic activities 25.00 up to 2,500.00 19-57 Public Parks: Toy aviation; kite fl~Q; model 25.00 up to 2,500.00 boating., automobilin~ or airplane flying 19-58 Public Parks: Games 25.00 up to 2,500.00 19-59 Public Parks: Animals at large 25.00 19-60 Public Parks: Horses 25.00 19-61 Public Parks: Alcoholic beverages and drtrgs controlled substances 50.00 19-62 Public Parks: Construction work 25.00 up to 2,500.00 19-63 Public Parks: ~ Traffic control and seed limitations 50.00 19-64 Public Parks: Vehicle use rF~estrictions~ 25.00 19-65 Public Parks: Careful driving 25.00 u~ to 2,500.00 19-66 Public Parks: Restricted areas 25.00 up to 2,500.00 19-67 Public Parks: Driving instructions 25.00 ~ to 2,500.00 19-68 Public Parks: Obstructing traffic 25.00 19-69 Public Parks: Parking at night 25.00 19-70 Public Parks: Towing; projecting articles 25.00 up to 2,500.00 19-71 Public Parks: Driving off pavement 25.00 19-72 Public Parks: Working on vehicles 10.00 19-73 Public Parks: Equipment on vehicles 25.00 up to 2,500.00 19-74 Public Parks: Parkways 25.00 up to 2,500.00 19-75 Public Parks: Curfews 25.00 20-x$60 6~ertime Commercial vehicle parking restricted 5:66f~:66 20-61 Parking limited on certain streets in central commercial area ~ to 2,500.00 20-62 Stop required when traffic obstructed ~ to 2,500.00 20-63 Stopping or parking near hazardous or congested laces uP to 2,500.00 20-64 Available street or alley space for traffic; uncontrolled up to 2,500.00 use of alley_prohibited 20-65 Use of alley to.private property up to 2,500.00 20-66 ParkingLn front of theaters, hotels and between "no up to 2,500.00 parking' suns 20-67 Parking r<iarrsprohibited or limited in certain designated places 3:6610.00. 100.00 if special event violation 20-68 Parking in front of business or professional buildings ~ to 2,500.00 or in City-owned parking facilities restricted 20-69 Standing for loading only up to 2,500.00 20-70 Bus and taxicab stands up to 2,500.00 20-71 Passenger vehicles in bus or taxicab stands up to 2,500.00 20-72 Method of parkin ;parallel and single parking up to 2,500.00 exception for motorcycles 20-73 Right side to curb up to 2,500.00 20-74 Parking vehicles on streets for sale or repairs 50.00 pending 20-75 Vehicle used for advertising on streets up to 2,500.00 20-76 Illegal parkin up to 2,500.00 20-77 Overtime parking_prohibited up to 2,500.00 20-79 Iniurin or tampering~with meters uP to 2,500.00 20-80 Use of slugs in meters up to 2,500.00 20-81 Limitation on turning vehicles up to 2,500.00 20-82 Limitations on backing vehicle up to 2,500.00 20-83 Vehicle emerging from alley, building or driveway up to 2,500.00 20-84 Parking on sidewalk, alle~or parkway ~ to 2,500.00 20-85 Driving vehicles on sidewalks up to 2,500.00 20-86 Vehicles on streets being~aved or blocked up to 2,500.00 20-87 Pedestrians; crossing streets at crosswalks up to 2,500.00. 20-88 Boardin or alighting~from vehicles ~ to 2,500.00 20-89 Unlawful riding up to 2,500.00 20-90 Motorc, c~les; prohibited methods of riding up to 2,500.00 20-91 Vehicles equipped with spikes and lugs prohibited uP to 2,500.00 20-92 Use of coasters, skates or similar devices restricted up to 2,500.00 20-93 Driving_through processions up to 2,500.00 20-94 Permit required for parades or processions ~ to 2,500.00 20-95 Streets to be unobstructed ~ up to 2,500.00 20-96 Vehicle load to be deafened up to 2,500.00 20-97 Shrubs or plants obstructin vg iew prohibited ~ to 2,500.00 20-98 Obedience to School Crossing Guards required ~ to 2,500.00 20-99 Obedience to official traffic-control devices ~ to 2,500.00 20-100.1 Parking by fire hydrant prohibited 50.00 20-105 Traffic reguulations during snow removal conditions 25.00 z6=-~65-~ ~enia~l X5:96 20-108 Truck routes: Restrictions 15L - 50.00+ 2°d - 100.00+ thereafter 250.00+ 29=~69~ ~t~ 58:66 20-111 Designation of handicapped parking spaces 50.00 20-113~bj~ Reserved space permit: 50.00 20-1165 Residential parking stiekerzones 5:66 20-118 Truck parking more than eleven thousand pounds' dross vehicle weight: parking restricted 15L - 50.00 thereafter 100.00 20-122 Noise limit 151- 50.00+ 2°d - 100.00+ thereafter 250.00+ 20-123 Excessive noise 151- 50.00+ 2°d - 100.00+ thereafter 250.00+ ~~ ~r.66~56:66 Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common C~uncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . m. . City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana 1st READING ~ I.'tL-O~ PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED ~it~~ !~ ~C6~rk'~ ~~r~c~ NOV - 7 c0~7 JG~i~! tiCG~G= CITY CLERK, SG. B~Na, VPl. F:\DATA\SIlAREVxgal\Wpdata\AMD\ORDINANC\Amending Chapter 2 Sec Z-2I3 Code Violations and Penalties 102207.wpd 1400 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SoTrrx BHND,IND[ANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPt~RTMENT OF I,A~XT PxoNE574/235-9241 Fnx 574/235-9892 TDD 574/ 235-5567 CHARLES S. LEONE ALADEAN M. DEROSE CITYATTORNEY November 5, 2007 CHIEPASSISTANTCITYATTORNEY Mr. Timothy A. Rouse President, South Bend Common Council 4~' Floor; County-City Building South Bend, IN 46601 Re: Ordinance Amending South Bend Municipal Code Section 2-213(a) Dear Mr. Rouse: Attached for filing with the South Bend Common Council is an ordinance amending Chapter 2, Article 19, Section 2-213(a) of the South Bend Municipal Code. Code Section 2-213(a) contains the list of all acts which violate the Municipal Code and the prescribed penalty for each violation. This Cade Section has not been updated for awhile, and the attached ordinance makes the necessary changes. I will present this ordinance to the Common Council at its Committee meeting and at public hearing. Thank you Sincerely, 3R ~~~ _ u ~~ Aladean M. DeRose Chief Assistant City Attorney AMD/cw Enclosure Y n s~~a.x 7 f`?e,~,. ~,e~,~ #3~ ',Ft~~a""~~ ~ ~J~~gl~~ Pa ~~j - ~ c007 ~c,;~rl vc~~'~~~ CITY CLM~K, ^s^. Ea~Pt~, l14. THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL MASH JEFFREY M. JANKOWSKI SHAM E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN 1400 COUNTY-CITY BUILDING 227 W JEFFERSON BOULEVARD SovTx BEND, INDIANA 46601-1830 ~: PHONE 574/ 235-9241 FAx 574/235-9892 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF I.AW CHARLES S. LEONE ALADEAN 1VI. DEROSE CITY ATroRNEY CHIEF AssISrANT Crrr ATroRNEY January 25, 2008 Mr. Timothy A. Rouse President, South Bend Common Council 4`~ Floor, County-City Building South Bend, IN 46601 Re: Postponement of Second and Third Reading of Bill No. 82-07 Dear Mr. Rouse: This letter is to request that second and third reading on Bill No. 82-07 be postponed to February &4, 2008. As you will recall Bill 82-07 serves to update the list of South Bend Municipal Code violations summarized at Chapter 2, Article 19, Section 2-213(a). Hearing was postponed from the Council's last meeting in order forme to amend B 11182-07 to list only those penalties the City Clerk is authorized to collect. I furnished a proposed substitute Bi11 to Council Attorney Kathleen Cekanski-Farrand for review, but it appears that further revision and discussion between use will be necessary. For this reason I am requesting a postponement of Council action to February 24, 2008. Thank you for this accommodation. Sincerely, ~,.. ~ ~ ~ . ~' ~f ~~~~~~~c ~1 ~~Aladean M. DeRose ' Chief Assistant City Attorney AMD/cw cc: Kathleen Cekanski-Farrand ~it~d to ~Ct~r#~'~ ~ffE~e JAN 2 $200$ THOMAS L. BODNAR CHERYL A. GREENS ANN-CAROL NASH JEFFREY M. JANKOWSKI SHAWN E. PETERSON JEFFREY L. SANFORD JOHN E. SADDEN 1400 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOtTl-Fi BEND, INDIANA 46601-1830 PxoNE574/235-9241 Fnx 574/235-9892 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW CHARLES S. LEONE !lL(1UEAN M. DEROSE CTTYATTORNEY February 20, 2008 CHIEF ASSISTANTCITYATTORNEY Mr. Timothy A. Rouse President, South Bend Common Council 4~' Floor, County-City Building South Bend, IN 46601 Re: Postponement of Second and Third Reading of Bill No. 82-07 Dear Mr. Rouse: This letter is to request, again, that second and third reading on Bill No. 82-07 be postponed. The requested new hearing date is March 24, 2008. As you know Bi1182-07 serves to update the list of South Bend Municipal Code violations summarized at Chapter 2, Article 19, Section 2-213(a). I have been working with Council Attorney Kathy Cekanski-Farrand on a substitute version of this bill, but we both believe more time is needed. For this reason I am requesting a postponement of Council action to March 24, 2008. Thank you for this accommodation. Sincerely, Aladean M. DeRose Chief Assistant City Attorney AMD/cw cc: Kathleen Cekanski-Farrand ~~I~d s~ C~~r~c'~ ®~iy~ F E B 2 0 200$ JO}iN Yt10fiDE _ Cf1"f CtE~}t, S4. EEND, iN. ~ .--- THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI SHAWN E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN ~~11 ~o I I-erg Timothy A. Rouse President Oliver J. Davis Vice-President City of South Bend Common Council 441 County-City Building . 227 W. Jefferson Blvd (574) 235-9321 South Bend, Indiana 46601-1830 Fax (574) 235-9173 TDD (574) 235-SSG7 http://www southbendin.gov February 6, 2008 Members of the Common Council Derek D. Dieter th Chairperson, Committee 4 Floor County-City Building of the Whole South Bend, Indiana 46601 Derek D. Dieter First District RE: Amendment to Chapter 2, Article 1, Section 2-10 (i) of the Soufh Bend Municipal Code addressing the Recording of Standing Committee Henry Davis, Jr. Minutes and Placing Approved Copies on the Council's Website Second District Thomas LaFountain Dear Council Members: Third District Upon review of IC 36-4-6-9, the wording in Chapter 2, Article 1, Section 2- Ann Puzzello 10(i) is misleading and does not conform to the intent of the state law. The Fourth District result has been the practice of our legal counsel providing clerical services for the Standing Committee Meetings (minutes). I am attaching a copy of David Varner this state law for your reference and review. In checking with the cities of Fifth District Fort Wayne and Evansville which are comparable to South Bend in Oliver J. Davis population, both have their Office of the City Clerk provide such support Sixth District services so that their Council Attorneys are available for providing other legal duties. Al "Buddy' Kirsits At Large The first amendment will accomplish athree-fold purpose: Timothy A. Rouse 1) align the South Bend Municipal Code Chapter 2, Article 1, Section 2-10 At Large (i) with the State Law; Karen L. White 2) Allow usage of the expert clerical services available through the Office At Large of the City Clerk; and Kathleen Cekanski-Farrand Council Attorney 3) Enhance the more efficient and effectual usage of professional legal services provided by our Staff Attorney by freeing her from recording and typing minutes. In light of ongoing upgrades to the South Bend Common Council's website, I have also proposed language to current reflect the process of February 6, 2008 Page 2 placing all approved Standing Committee minutes on that website by the Office of the City Clerk. The Chairperson of each Standing Committee will still be responsible for the minutes in accordance with Chapter 2, Article 1, Section 2-10 (i) and will sign formal minutes after reviewing the draft to be provided by the Office of the Clerk. I will present this proposed ordinance to the Common Council at our Council Rules Standing Committee meeting and at the public hearing before the Council. Thank you. Sincerely, w Timothy A. se Common Council Member At-Large Enclosures JQ~P! VL~CRGt CITY CLEt;K~ ~`~~'~_ ~..- ~ -``~_ a ~~. (~~~ice Filed i~ C1~~~ FEB - 6 ~CC8 BILL NO ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i) OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING MINUTES OF THE COUNCIL'S STANDING COMMITTEE MEETINGS STATEMENT OF PURPOSE AND INTENT This ordinance amends Chapter 2, Article 1, Section 2-10 (i) of the South Bend Municipal Code to comply with IC 36-4-6-9. This amendment specifies the assistance of the South Bend City Clerk's Office to provide clerical services in the recording and filing of all Standing Committee minutes instead of Council Attorney assistance. This ordinance would also codify the current process which has been effectively implemented by the Office of the City Clerk of placing all approved committee meeting minutes on the Council's website. In this way they will be available to the public for informational and researching purposes. The proposed amendments are believed to foster greater efficiency. Now, Therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. The third paragraph set forth in Chapter. 2, Article 1, Section 2-10 (i) of the South Bend Municipal Code shall be amended to read as set forth below with all other provisions of paragraph (i) remaining in full force and effect: The Chairperson, with the assistance of the City Clerk or his designee , shall be responsible for filing Committee minutes with office of the City Clerk within two (2) weeks after each committee meeting. Such minutes shall comply with the Open Door Law and shall include but not be limited to: (1) the date, time and place of the meeting; (2) persons in attendance; (3) summary of all items discussed including all references .to proposed resolutions and ordinances referred to 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. won the approval and signinc~of such minutes by the Committee Chairperson the Office of the City Clerk shall see that the minutes are properlkposted on the Common Council's website. South Bend Common Council Procedures Ordinance Page 2 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Member, South Bend Common Council Attest: John Voorde, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2008 at o'clock, . M. Janice Talboom, Deputy City Clerk Approved and signed by me on the day of 2008, at o'clock p.m. Stephen J. Luecke Mayor of the City of South Bend, Indiana 1 st READING ~ `~' Ug PUGL{C HEARING 3 rd READING NOT APPROVED REFERRED PASSED Filed In Cl~rk'~ Office F E B - 6 2008 JQIiPd VOGC~DE CfTY CLE!~K, S CAUNIY-CIT'Y BUII.DING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9216 FAx 574/235-9928 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER February 20, 2008 Members of the Common Council Council Chambers 4`h Floor County-City Building (~~~~~ ~a .dB- ~`I Dear Members of the Council, In accordance with the procedure for the renewal of City Business/Occupational licenses for the .operation of Scrap Metal/Junk Dealers/Recycling Operations, renewal applications for four (4) businesses were submitted to the Police Department, Fire Inspection Bureau, Water Works, Department of Code Enforcement and Building Department. The properties were inspected for Fire Code violations, environmental violations, proper maintenance of the premises and areas outside the fences, and the height and condition of the surrounding fencing. All four (4) applications received favorable recommendations from all reviewing departments. As the applicants have met all of the technical requirements of the ordinance, the attached resolution is being submitted for your consideration. I will present it at, both, the Committee meeting and the public hearing. Please contact me at 574-235-5912 or cclark@southbendin.gov, if you have any further questions. ~~.._.-~ Sincerely, Charles E. Clark License Auditor, City of South Bend ~il~d In C1erk'S Ofifi~ce ~Eg 2 0 208 ae~tRi vsa RBF ~a, yrs. CITY CLERK, JANICE L. HALL JOHN MURPHY ROBERT ALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUMAN RESOURCES INFORMATION TECHNOLOGY ~. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATION LICENSES PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE. WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on February 20, 2008 the City Business Licensing Auditor provided written notice to the City Clerk that the following businesses had been approved for Scrap Metal Dealer, Junk Dealer, Valuable Metal Dealer and Recycling Operations Licenses for the 2007 licensing year; and Green Tech Transfer, 2500 Green Tech Drive WHEREAS, on February 20, 2008 the City Business Licensing Auditor provided written notice to the City Clerk that the following businesses had been approved for Scrap Metal Dealer, Junk Dealer, Valuable Metal Dealer and Recycling Operations Licenses for the 2008 licensing year; and Green Tech Transfer, 2500 Green Tech Drive South Bend Scrap & Processing, 3113 Gerttrude St. Steve & Gene's, 3109 S. Gertrude St. U.S. Scrap & Recycling /South Bend Baling Co., 1420 S. Walnut WHEREAS, the license applications for all above-referenced businesses received favorable recommendations from the Department of Code Enforcement, Fire Prevention Bureau, Department of Water Works, and the Building Department. NOW, THEREFORE, BE TT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license applications for the following businesses are approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Fire Prevention Bureau, Department of Water Works, and the Building Department as evidenced by the Business Licensing Auditor's communication to the City Clerk dated February 20, 2008: Green Tech Transfer, 2500 Green Tech Drive (2007) Green Tech Transfer, 2500 Green Tech Drive (2008) South Bend Scrap & Processing, 3113 Gerttrude St. Steve & Gene's, 3109 S. Gertrude St. U.S. Scrap & Recycling /South Bend Baling Co., 1420 S. Walnut Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Member of the Common ouncil 1'~CT ,;~vprp~FD rJ F E 3 ~. ~ _ dC~~f ~f}~:~L%~ CITY CEEn~, ~C. BI°:A[C, IPl. .wDOr'TED ~~~1\ }J~~ ~~-IS" RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE OLD TARGET STORE RETAIL COMPLEX LOCATED ON THE NORTH SIDE OF MCKINLEY AVENUE JUST WEST OF HICKORY ROAD AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN-YEAR REAL PROPERTY TAX ABATEMENT FOR MCKINLEY APARTMENTS HOUSING PARTNERS, LP 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 WI~REAS, a Declaratory Resolution designated the area commonly known as the old Target Store Retail Complex located on the north side of McKinley Avenue and west of Hickory Road, South Bend, Indiana, and which is more particularly described as follows: ALL THAT TRACT OR PARCEL OF LAND lying and being in the southeast quarter of Section 5, Township 37 North Range 3 East, in the City of South Bend, St. Joseph CounTy, Indiana, more particularly described as follows: COD~~NCING at the southeast corner of said southeast quarter of Section 5; thence North 00°02'06" East along the East line of said southeast quarter, a distance of 726.00 feet to a point; thence run North 89°28'22" West a distance of 40.00 feet to a point; thence run North 89° 28' 22" West, a distance of 648.65 feet to a point, the POI1V I' OF BEGINNING; thence run South 00°O1' 12" West, a distance of 686.02 feet to a point; thence run North 89° 28' 28" West, a distance of 525.01 feet to the east line of McKinley Terrace Addition; thence run North 00°00'00" East, along said east line of said McKinley Terrace Addition a distance of 1411.91 feet to a point and the south line of McKinley Terrace Addition, Section "A"; thence run South 89°31'54" East along said south line of McKinley Terrace Addition, Section "A", a distance of 443.34 feet to a point; thence run South 00°01' 12" West, a distance of 404.56 feet to a point; thence run North 89° 28' 22" West a distance of 9.11 feet to a point; thence run South 00°24`33" West a distance of 261.23 feet to a point; thence run South 89°28' 12" East a distance of 10.89 feet to a point; thence run South 00°01'.12" West a distance of 60.53 feet to a point; thence run South 89° 28' 22" East a distance of 82.17 feet to a point, the POINT OF BEGINNING. Said tract being 15.60 acres more or less. and which has Key Number 18-5201-7736, 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 remonstrance's 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 Real 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 Real property tax deduction for a period of (10) ten years, and further determines that the .petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement. of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et se . 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. ~ ~~~ n~~~-mot. Member fo~the Common Co cil 1~~Fsr~T~c~ ~, -ZS- ~ 8 SOT APPRO`~fECa ~i~~ q~ ~l~~i~'~ ~fi~i~e ~~, ~ ~~ CITY C± ^:;r ,,: ~~;~?', i~1.~ ADOPTED 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 3445 William Richardson Drive AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FOUR-YEAR REAL PROPERTY TAX ABATEMENT FOR Jade Elephant Holding, LLC (Lake Michigan Mailers, Inc.) WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3445 William Richardson Drive, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Fourteen (14) as shown on the recorded Plat of the Toll 12oad Industrial Park Section 6, recorded April 7, 1989 as document number 8908570 in the Office of the Recorder of St, Joseph, County, Indiana. and which has Key Number 25-1013-021111 presently at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et se ., and South Bend Municipal Code Sections 2-76 et seg., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et se ., and South Bend Municipal Code Sections 2-76, et se ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by Iaw; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the. Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et secd., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets .the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-1,2.1-3. SECTION III. The Common Council hereby determines and fmds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum ~ of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, axe sufficient ta-justify the deduction granted under Indiana Code § 6-1.1-12.1- 3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of four (4) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common " uncil Z_zr-o~ 1'RESEPdTEQ I~FOT ¢1PPP.O~E~ ;p,DC'?~Ef1 '~ ~il~d lt`~ ~t~r~~'~ ~~z~~e FEg 2. "u %C~~~ ,~C7N~a Jf}': dE 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD $OU'I'H BEND, INDIANA 46601-1830 PHONE 574/235-9371 Fnx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY "$~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY February 7, 2000 EXECUTIVE DIRECTOR Council Member Derek D. Dieter, Chairperson Community & Economic Development~Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property:Tax Abatement Petition for: Jade Elephant Holding, LLC (Lake Michigan Mailers, Inc.) Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a commercial real property tax abatement petition for the above-referenced petitioner for a new facility located at 3445 William Richardson Drive. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The petitioner, Jade Elephant Holding, LLC (Lake Michigan Mailers, Inc.) proposes to construct an approximate 13,000 square foot mail assembly and document processing facility. The site is currently owned by Ancon Construction Company, Inc. It will be purchased by Jade Elephant Holding who will in turn lease the site to Lake Michigan Mailers, Inc. Jade Elephant Holding is seeking afour-year real property tax abatement, and a representative of Jade Elephant Holding, LLC (Lake Michigan Mailers, Inc.) will be available to meet with the Committee on Monday, February 25, 2008. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5835. Sincerely, Bob Mathia Assistant Director, Economic Development _. Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT ~ ECONOMIC DFVELOPMENI' ~ FINANCGIL RC PROGRAM PAMELA C. MEYER ~ DONALD E. INKS - MANAGEMENT. 574/235-9660 574/235-9371 -EuzneETH LEONARD. Fax: 574/235-)697 574/235-9371 ' 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, 1ViHYOR ' COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT R~POR T TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION. FOR: JADE ELEPHANT HOLDING, LLC (LAKE MICHIGAN MAILERS, INC.) DATE: February 7, 2008 On February 4, 2008, a petition for real property tax abatement consideration for property located at 3445 William Richardson Drive was filed with the City Clerk by Lake Michigan Mailers, Inc. on behalf of Jade Elephant Holding, LLC. Pursuant to Chapter 2, Article 6, Section 2-82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY Jade Elephant Holding, LLC/Lake Michigan Mailers, Inc. are proposing to develop a 4.75 acre site to include construction of an approximate 7 3,000 square foot mail assembly and document processing facility. The facility will also serve as a "hot site" for disaster recovery for Lake Michigan Mailers' document creation and mail assembly operations located in Kalamazoo, Michigan. In addition, the site will serve~as a sales facility and customer training site for customers located in northern Indiana. The estimated cost of the building is $720,000. The site is currently owned by Ancon Construction Company, Inc. It will be purchased by Jade Elephant Holding who will in turn lease the site to Lake Michigan Mailers, Inca Lake Michigan Mailers will own the equipment placed on the site. COMMUNITY DEVELOPMENT - ECONOMIC DBVELOPMENT- ~ FINANCIAL HC PROGRAM PAMELA C. MEYER ~ DONALD E. INKS 1VIANAG EMENT 5741235-9660 5741235-9371 - ELIZABETH LEONARD FAx: 574/235-9697 5741235-9371 South Bend Common Council RE: Jade Elephant Holding, LLC (Lake Michigan Mailers; Inc.) February 7, 2008 Page 2 Total taxes to be abated during the (4) four-year abatement period are estimated at $61,526. Total taxes to be paid during the (4) four-year abatement period are estimated at $36,914. EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will create five (5) new, permanent, full-time jobs and six (6) new, part-time, permanent jobs within the first year representing a new annual payroll of $250,000. The project is developing a completely new facility and, therefore, does not have any existing employees. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been granted or 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 real property tax abatement 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 does meet the qualifications for afour-year (4) real property tax abatement under Section 2-82, Industrial Development; City-wide General Standards. Tax Abatement Schedule prepared for: 8-Feb-o8 JADE ELEPHANT HOLDING, LLC_ (LAKE MICHIGAN MAILERS, INC.) . . South Bend German Township 4 Year Real Property Abatement Schedule'' Total estimated Project Cost: $720,000 Base Assessed Value: $612,000 (base assessed value is estimated at 85% of project cost) Assume constant tax rate of: 5.1376% Assume constant SRTC of: 21.7293% Assessed Gross Less Net Percent Tax Tax Year Value Tax SRTC Tax Abated Abated Paid 1 ~ $612,000 $31,442 $6,832 $24,610 100% $24,610 $0 2 612,000 31,442 6,832 24,610 75% 18,458 6,152 3 612,000 31,442 6,832 24,610 50% 12,305 12,305 4 612,000 31,442 6,832 24,610 25% 6,153 18,457 $98,440 $61,526 $36,914 Total Taxes Due During Abatement: $98,440 Total Taxes Abated During Abatement: 61,526 Total Taxes Paid During Abatement: 36,914 '' ' -This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. 7-Feb-08 Jade Elephant Holding LLC Public Benefit Points Sum mary ' Qualify Earned Available Public Benefit Item: Y or N Points Points Proiect Retated: 1. A. Redevelop a Site that has Special Needs N 0 49 . B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan ~ N 0 36 Sub-total Project Related: 0 120 2. Super Size Proiects (point values are cumulative): A. 100% to 199% Y 25 25 B. 200% to 299% ~ N 0 68 C. 300% to 399% N 0 65 D: 400% and Over N 0 52 Sub-total Super Size Projects: 25 210 3. Construction Related: A. Employ Local Companies N 0 20 B. Purchase Materials from Local Companies N 0 20 C. Require Employees vs. Independent Contracts Y 19 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits Y 22 22 F. Require Pension Benefits Y 18 18 G. Maintain Affirmative Rction Plan Y 20 20 Sub-total Construction Related: 79 141 4. Waae 8 Benefit Related: A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 Sub-total Wage 8 Benefit Related: 124 162 5. Workforce Related: ~~ A. Create New Jobs Y 42 42 B. Retain Existing Jobs N 0 41 C. Maintain Affirmative Action Plan ~Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub-total Workforce Related: 77 152 6. Pav for Municipal Infrastructure:(point values are cumulative): A. Pay for Oversizing or Upgrading N - 0 14 B. Pay for 26-50% of Extension Cost N 0 26 C. Pay for 51-75% of Extension Cost N ~ 0 39 D. Pay for 76-100% of Extension Cost N 0 52 Sub-total Infrastructure Related: 0 131 7. $Upport a Municipal Facility: A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 305 1000 * Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. COMPANY NAME Additional Years of Abatement Multi-family Development Projects: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 ~ 393 6 394 & over 7 Other Development Projects: From To Additional Years 0 300 - 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 305 Base Years of Abatement 3 Additional Years of Abatement: 1 Total Years of Abatement: 4 ~- City of South Bend Petition for Real Property Tax Abatement Consideration Respectfully Submitted By: David C. Rhoa =President Lake Michigan Mailers, Inc 3777 Sky King Blvd Kalamazoo, Michigan 49009 269-488-9220 drhoa(p~barcodemail.com C~eCk ~ ~,~~ice - ~e1~~ ~~ FE8 ~ ~ 200$ ( ku • '1~~ t~`="`~. -~ STATEMENT OF BENEFITS ~`' REAL ESTATE IMPROVEMENTS State Form 51767 (R2 / 1-07) ~~- "`;,;a%~ Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following ^. Redevelopment or rehabilitation of real estate improvements (IC li-1.1-12.1-4) ^ Eligible vacant building (IC 6-1.1-12.1-4.8) , ~'i~ ~~ III ~:~~~'~'~ ~~ FE8 - ~ 2oas Code (check one box_~ 1 •_.~._: ~'f:~Cnr£ CITY CL~iiK, ~''' _......_...,._ ~ I 20_ PAY 20_ ~ ~ FpRM SB-1 /Real Property ~ INSTRUCTIONS: • . 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires . information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERA/VBD, Whichever is applicable, must be filed with the County Auditor by the later of.• (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF-1/Real Properfyannual/y to the application to show compliance with the Statement of Benefits. j1C 6-1.1-12.1-5.1(b) and IC 6-1.1-12.1-5.3Q)] 5. The schedules established under IC 6-1.1-12.1-4(d) for rehabilitated property and under IC 6-1.1-12.1-4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before Ju/v 1. 2000. • •' • Name of taxpayer ~,,( }~( ~ _ Address of taxpayer (number and street, cdy, state, and ZIP code) Name of contact person Telephone number ~~lFjd a® ~ ~~~ ~inLn ( ,pZ~OCI ~~ fit~0 mail addr ~rNaa.~ ~fCo~Q/hC~r~. -.•. . •-. Name of designating body ~! ~. ~ - o~ 50~ r N ~~~1~ Resolution number Location of property ~iv( '71 ~~ ~M ~~~-Aczo sc~ ~ ~ ~ ~1 b~~~ County f, ~7 ,~~Pt) DLGF taxing district number Description of real property improvements redevelopment, or rehabilitation (use ad honal~ets if necessary) Estimated s rt d to nth, da year) ~ i c;+n c)F a~ o p~jv~~oQM~ ~~ ~Pc~c vMP C~anS~~ , , ` t 3' ~(~ ~Q F ~ ~ did S(v(Z~ ~rJl~-~ j,v~ Estimated mp lion date ( nth, day, yearl O~ ~v~i a~~ -. -. -. Current number Salaries ~ Number retained Salaries Numbe; ~ ditional Sala~~ ® i a'J 1 NOTE: Pursuant to IC 6-1.1-12.1-5.1 (d) (2) the COST of the property -.REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values ~ (~ Plus estimated values of proposed project C) O(~0 Less values of any property being replaced ~Qj Net estimated values upon completion of project ~'~ CJOC.7 ~ • . ~ • -• Estimated solid waste converted (pounds) ~ L ~ Estimated hazardous waste converted (pounds) ~ t Other benefits ` ~~ ~ ~ (^~~~ ~/ {~ ~ ~ ~ ~,j, j ~~ ~`~Pa~7uCa T~ ~Qc?~Tt, N(.sw 13,E f ~ ~t~ ~r~~ ~e ~ rT r~c~~ W sTN ~ 7 c~P~~'~ L I r~ ~ c,.~ -Sv (~S (5 ~ L~ i - NT. ~~ ~ ~N A(~-t~V~AL Pg~~t U¢ ~~SUr~a • I here certify at the representations in this statement are true. Signatur of z epresentative 17251 D~~1T . Title ~~2~:i~c3~ ~ Date sign d (morph, day, y r) ~ ~G I ll ZOC~~ Page 1 of 2 .- ~ :.~ We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1, provides for the. following limitations: A. The designated area has been limited to a period of time not to exceed calendar years' (see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ^ Yes ^ No 2. Residentially distressed areas ^ Yes ^ No 3.Occupancy of a vacant building ^ Yes ^ No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for years' (see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the.deduction described above. Approved (signature and title o/authorized member of designating body) Telephone number Date signed (month, day, year) Attested by (signature and title of attester) Designated body ' If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.12-12.1-4. A. For residentially distressed areas; the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition~the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C., 6-1.1-12.1-1, et seq., and South Bend Municipal Code Sec. 2-76 et seq., for this petition states the following: 1. Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to your business: Pending the granting of the tax abatement, Ancon Construction Company, Inc. (Ancon) of Goshen, Indiana has proposed to Jade Elephant Holding LLC (JEH) of Mattawan, Michigan and Lake Michigan Mailers, Inc. (LMM) of Kalamazoo, Michigan to sell to JEH the property described herein and construct a mail assembly and document processing facility of the size herein described. This facility will be leased by JEH to LMM under along-term lease. This facility represents the largest facility construction project undertaken by LMM since 1999. The facility described herein is a critical component of LMM"s long-term strategy for serving customers in Northern Indiana for the provision of mail assembly, daily mail processing and document creation. The facility will also serve as a "hot site" for disaster recovery for LMM's document creation and mail assembly operations located in Kalamazoo, Michigan. The facility will also serve as a sales facility and customer training site for customers located in Northern Indiana. The building will initially be constructed as a single story facility of approximately 13,000 square feet on the parcel described herein (currently owned by Ancon). It is essential to LMM's strategic plan that the facility described herein be expandable' to meet anticipated volume growth and evolving technology. As such, the site plan for the facility includes options for substantial building expansion so as to accommodate additional processing and assembly volumes. Land Size 4.75 acres; Building Size: 13,000 sq.ft. (Initial size only.) 1. (Rev 12/29/06) 2. Describe the overall nature of the business and of the operations occurring at the Property (attach additional sheet if more space is needed): Currently, the parcel described herein is vacant, unimproved land. LMM is a leading provider of mail assembly, direct mail marketing, daily mail processing and document creation services. If the LMM receives the requested tax abatements, it intends to offer the following services from this location: • Daily Mail Services including Premier Post®, Premier Post® Flats, Option Free®, Option Free® Governmental, Option Free® University, SortMaxT"", Mail ExpressT"' • Direct Mail Assembly Services • Direct Mail Campaign Development and Management • Production Services_ for MailProT"~' clients. • Document creation and statement processing through RIPDocs° The services described above represent LMM's core functionality and involve the use of high=speed, technology-based equipment for the manufacture, assembly and processing of data, documents, direct mail, parcels, and First-Class mail for final delivery by the United States Postal Service, FedEx, UPS and similar carriers. 3. Estimate the dollar value of the project (excluding land): The value of this petition (excluding the land price) is $720,000.00. This value excludes any tangible personal property (including manufacturing, R&D equipment, logistical distribution equipment and IT equipment) that may be installed by LMM. LMM intends to seek tax abatements on select tangible personal property under a separate petition to the Common Council of the City of South Bend. 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: $64,700.00 (3/01 /2006) 2 (Rev 12/29/06) 5. (a)The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individuals or corporations (if the business organization is publicly held, indicate also the name of tfie corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Pending the granting of the tax abatement, Ancon will sell the property and the building to: Jade Elephant Holdings LLC 25880 Trestle Creek Ave Mattawan, MI 49071 Jade Elephant Holdings LLC is owned as follows: Wingharn Group, LTD. 4025 Wildon Court Buchanan, MI 49107 Ownership bf Jade Elephant Holdings LLC: 50% Big W. Holdings, LLC 2329 Riverside Pointe Drive Saint Joseph, MI 49085 Ownership of Jade Elephant Holdings LLC: 50% ~~,k, ~. a~~ic0 ~~ F't1 ~~ t~ DEB _ ~ Zp08 3 ~~,~^rs ~tc~p~~Et4, pct (Rev 12/29/06) C1=~"~~~ S ' (b) The following other person(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) • above, if applicable); Pending the granting of the tax abatement, JEH will lease the property and the building to: Lake Michigan Mailers, Inc. 3777 Sky King Blvd Kalamazoo, MI 49009 Lake Michigan Mailers, Inc. is owned as follows: Robert J. Rhoa 2329 Riverside Pointe Drive Saint Joseph, MI 49085 Ownership of Lake Michigan Mailers, Inc.: 60% Karen -Rhoa '~ 2329 Riverside Pointe Drive Saint Joseph, MI 49085 Ownership of Lake Michigan Mailers, Inc.: 30% David Rhoa 25880 Trestle Creek Ave Mattawan, MI 49071 Ownership of Lake Michigan Mailers, Inc.: 10% 6. The commonly known address of the Property is: 3445 William Richardson Drive, South Bend, 46628 7. The Key Number(s) of said property is: 25-1013-021111 8. A legal description of the above address is attached hereto, marked Exhibit A, and incorporated herein. 9. A map and/or plat describing the Property is attached.hereto, marked _ Exhibit B, and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked )=xhibit C, and incorporated herein. 4. (Rev 12/29/06) 11.The redevelopment or rehabilitation project itself is expected to create five full-time and six 6 part-time permanent jobs within the first year, representing an estimated new annual payroll of $250.000.00. (Excluding LMM's contribution to the associate's medical insurance premium, life insurance premium, as well as, hazardous-duty pay, on-call pay and tips, back pay, overtime pay, non-production bonuses, and tuition reimbursements. The dollar value above includes LMM's guaranteed contribution to the associate's 401 (k) plan once plan requirements are satisfied, as well as incentive pay including commissions and production bonuses.) (Rev 12/29/06) ~. 5 12.The projected annual salaries for each new position indicated above are estimated to be as follows (If more space is needed, please attach a separate sheet): Pending the granting of the tax abatement, LMM anticipates creating the positions detailed below at the South Bend facility. While full-time positions offer a more robust benefits package than that of part-time positions, LMM typically does not pay a different hourly rate for part-time positions versus similarly classified full-time positions. In short, the only variable.in annual costs for such differential is the total number of hours worked. In the projection below, apart-time position is based on 25 hours per work week. The "Mail Processor -Route Driver" position offers atwo-tier hourly rate; a Mail Processor wage and a Route Driver wage. The estimation below assumes a properly qualified/experienced individual following LMM-provided training for specific menu of responsibilities. AI! positions will be created based on business growth and market demands. LMM is an Equal Opportunity Employer. The dollar values include LMM's guaranteed contribution to the associate's 401 (k) plan once plan requirements are satisfied; holiday pay and vacation pay. The dollar values exclude LMM's contribution to the associate's medical insurance premium, life insurance premium, as well as, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips, back pay, jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements. .. _ • Team Leader (Full-Time): $35,000.00 • Lead Operator - MLOCR (Full-Time): $28,000.00 • Mail Processor (Part-Time): $12,300.00 • Mail Processor- Route Driver (Full-Time): $21,800.00 • Account Executive (Full-Time): $40,000.00 6 (Rev 12/29/06) 13. Provide current employment wage information including; base rate, cost-of-living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips. Do Not Include; back pay, jury duty .. pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements (average hourly rate or range): LMM's current employment wage information for its Kalamazoo facility is detailed below. Please note that pending the granting of the tax abatement, LMM intends to hire, when possible and practical, from the local (i.e. South Bend/Northern Indiana market). While LMM would anticipate creating the positions with the wages detailed in question #12, it does not expect to create "Administrative" or "Executive" positions at the South Bend facility. The following dollar values include the base hourly wage for both Full- Time and Part-Time associates. All positions are expressed as hourly wages. Salaried positions are expressed as hourly wages based on a 40- hourwork week. They exclude LMM's contribution to the associate's medical insurance premium, life insurance premium, LMM's guaranteed contribution to the associafe's 401(k) plan once plan requirements are satisfied, as well as, hazardous-duty pay, incentive pay including production bonuses, on-call pay and tips, back pay, jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, holiday pay, vacation pay and tuition reimbursements. The job classifications used in this petition differ from those used by LMM. However, for the purposes of clarity, LMM has submitted the data using the classification of the petition shown below. .. • Laborers: • Technical: • Managerial: • Administrative: Full-Time Part-Time $8.51-$11.39 $7.50 - $8.75 $10.45-$14:63 N/A $16.38-$18.50 N/A $34.50-$42.50 N/A 7 (Rev 12/29/06) 14. Indicate whether your company provides the following benefits (use Y/N): YES Health Care Benefits -LMM provides two health care insurance plans. LMM's contribution of the~monthly premium varies based on the coverage plan selected by the associate and ranges from 67% of the single associate monthly premium to 91.2% of the single associate monthly premium. YES Pension Plan -LMM provides a guaranteed contribution of 3.0% of the associate's gross wages into an associate-controlled 401 (k) plan. In addition, LMM offers a discretionary profit sharing contribution of 0.1 based on the associate's gross wages. Participation in the Lake Michigan. Mailers, Inc. 401(k) Profit Sharing Plan is based on several criteria detailed in.the Summary of Plan Benefits. . YES Employer Provided Training (recognized or certified training/educational courses or programs) -LMM provides paid training for all associate training for. the following activities: • Mailpiece Quality Control Specialist - As implemented and certified by the United States Postal Service. • Forklift Training -Pursuant to training guidelines provided by the Michigan Occupation Health and Safety Administration (MIOSHA) for the purposes of self-certification. • Lake Michigan Mailers Quality Process Management - As reviewed and approved ~by the United States Postal Service NO Day Care (provide or contribute to the cost of child day care for its employees) NO Transportation Assistance (provide direct or indirect support and assistance to its employees without private transportation to get back and forth from residence to place of employment) , NO Employer-Assisted Housing Program (provide an employer- assisted home ownership program) NO Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the Community 8~ Economic Development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of .the above items) - s~ (Rev 12/29/06) 5. List the real and personal property taxes paid at the lo~ aoti an devious he 1 previous five years, whether paid by the current ovine p owner: (this information may be obtained from the St. Joseph County Treasurers office 235-9531) The following real property taxes were paid by A ooe• taxes ha P been currently vacant/un date odf th sdpet tionr Ancon has not received its 2007 assessed. As of th tax invoice. Year Real Property Taxes 2002 $ 1,964.41 2003 $ '' 2,101.67 2004 $ 2,100.26 2005 $ 2,211.68 2006 $ 2,553.18 2007 Pending personal Property Taxes Not Applicable - Vacant/Unimproved Land Not Applicable - Vacant/Unimproved Land Not Applicable - Vacant/Unimproved Land. Not Applicable - Vacant/Unimproved Land Not Applicable - Vacant/Unimproved Land Not Applicable - Vacant/Unimproved Land 9 (Rev 12/29/06) . 16. Please list the number of full-time and part-time minority employees for each of the last three years: LMM has always had aril adheres to a policy of Equal Employment Opportunity, as evidenced by its written Equal Employment Opportunity policy that is contained in its Associate Handbook. A copy of that policy is attached hereto and marked as Exhibit D. Because LMM does adhere to this policy, we do not consider an individual's race, color, age, religion, gender, etc. in determining whether to hire, promote, retain or discipline associates. For the same reason, we do not maintain specific statistics about the demographics of our workforce, nor do we compel associates to self-identify their demographic characteristics. Having said that, our best estimate of the composition of our workforce is shown on Exhibit E attached hereto. 17. Does your business maintain an affirmative action plan or other similar - plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: LMM has always had and adheres to a policy of Equal Employment Opportunity, as evidenced by its written Equal Employment Opportunity policy that is contained in its Associate Handbook. A copy of that policy is attached hereto and marked as Exhibit D. Because LMM does adhere to this policy, we do not consider an individual's race, color, age, religion, gender, etc. in determining whether to hire, promote, retain or discipline associates. 10 (Rev 12/29/06) 18.Indicate whether or not your project meets any of the following criteria (contact Community 8~ Economic Development Dept. 235-9335 for information on this section): NO Conversion to residential use of a commercial Eligible Building as designated by the Community & Economic Development Dept. NO Rehabilitation of a building that is either designated as a National Register or local landmark or is eligible for nomination as one, located in a National Register or locpl landmark district, or rated as Outstanding or Significant in the most recent Historic Preservation Commission county.. . wide survey. NO Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department NO Pays for the cost of cleaning up a Brownfield, which is any site, building facility or complex that has been designated a brownfield by the Community and Economic Development Department. _?_ Achieves a physical element identified in a development or revitalization plan that has been approved by the Council. • LMM is uncertain as to the proper answer for this question. 11 (Rev 12/29/06) 19.Is your business based upon licensing intellectual .property from research conducted at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (attach additional sheet if more space is needed): No. LMM's business is not involved in licensing intellectual property from research conducted at a public or private university, college, or community college located within St. Joseph County, Indiana. 20. Does your business financially support a Municipal Facility (i.e. municipally .. owned park, recreation center, cultural, arts, or entertainment facility)? No. LMM does not financially support a Municipal Facility. 21.Is your company incurring any of the cost of extension or oversizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (attach additional sheet if more space is needed): No. This project is not expected to include any extension or oversizing of municipal infrastructure serving the project site 22.Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). 23.Information is required on the construction companies that will be utilized for construction of the project. (Please complete the table on page 9 of this application). 24.No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owners signature at the end of this application is verification of this statement). 12 (Rev 12/29/06). 25.The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAICS) major group within which the proposed project would be classified, by number and description: The Standard Industrial Classification (SIC) of 7331 -Direct Mail Advertising, while used in for select governmental reports, does not fully reflect the full spectrum of services offered by LMM. Where permissible, LMM prefers to utilize the North American Industry Classification System (NAICS). The following NAICS codes are most applicable to the services provided by.LMM: • 541860 Direct Mail Advertising • 561499 All Other Business Support Services • 561439 Other Business Service Centers • 323119 Other Commercial Printing • 518210 Data Processing, Hosting and Related Services • 492210 Local Messengers and Local Delivery. 26.The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: • 561490 Other Business Support Services 27.The current use of the Property is vacantlunimproved land and the current zoning is Liuht Industrial. 28. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property) and date of approval-. No. Neither LMM or JEH have been granted previous tax abatement. 13 (Rev 12/29/06) 29.Other anticipated public financing for the project including, if any, industrial revenue-bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, SmaFl Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund, Neighborhood Business Development Corporation, Corporation for Entrepreneurial Development; or other public financial assistance, including but not limited to public works improvements. Neither LMM or JEH have applied or expect to apply for any of the financing opportunities described in question 29. 30.The following person(s) should be contacted as Petitioners agent regarding additional information and public hearing notifications: David C. Rhoa President . Lake Michigan Mailers, Inc. 3777 Sky King Blvd Kalamazoo, MI 49009 Office: 269-488-9220 Cell: 269-217-9043 31. Please indicate the name, address, and telephone number of the person who will work with Employment Training Services (ETS) for employee recruitment, and sign the ETS form attached to the petition if the real tax abatement is for warehouse or industrial developments. David C. Rhoa President Lake Michigan Mailers, Inc. 3777 Sky King Blvd Kalamazoo, M{ 49009 Office: 269-488-9220 Cell: 269-217-9043 s ~~~1. ~~ ii 4 2008 F~~ r,.,t.~~,n;;r~~_~,~ t~ x Yn Q , ~~,~,' Cdr-~`'~~ 14 (Rev 12/29/06) WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. Contact: ~ Doug VonGunten Ancon Construction Company, Inc. 2146 Elkhart Rd Goshen, IN 46527 . By: (Signed Name) Doug VonGunten Project Manager (Typed or printed name and capacity of signor if signed by an agent or representative of the owner.) ~ ~~~~~~'~ ~~fb~e - ~ ~~ - 4 2008 CST'{ fit. C::<~l~r;a. rye 15 (Rev 12/29/06) 22. In the following chart please indicate companies that were used for purchasing materials used in the construction or rehabilitation associates witn cne p~ul~~~. Include the location of the company, description of the materials, and cost of the materials. Local companies include those located in St. Joseph County: Additional information may be requested for verification of this information. (If more space is needed, please photocopy this page) % of Name and ~ Local Companies (see above): 1. 2. 3. 4. 5. 6. . 7. 8.~ 9. 10. Total Local Non-Local Companies: 1.Ancon Construction (2146 Elkhart Rd, Goshen, IN 46526 General Construction 2.Butler manufacturing (Kansas City, MO) Pre-engineered metal building 3. .. 4. 5. -Total Non-Local GRAND TOTAL ~'il~~ i;~ ~e~rf6'~ Cfiticl; FEB - 4 2008 CITY C ERK UOCr c` , S4. B.ND, 1N. 16 (Rev 12/29/06) 23. In the following chart please list the companies that will be used for the construction associated with the project. Indicate the name and address of each company; list the dollar amount of the work to be provided by each company; indicate whether or not 100% of the workers are employees of that company and not independent contractors; indicate whether or not the company pays workers wages that meet the wage rates for each classification of laborers and mechanics published by the U.S. Department of Labor; indicate whether or not the company contributes to a health plan for its employees; indicate whether or not the companycontributes to a pension plan for its employees; and indicate whether or not the company maintains an affirmative action plan or other similar plan to achieve racial diversity. Local companies include those located in St. Joseph County. Additional information may be requested for verification of this information. (If additional space is needed, please photocopy this page). . 100% Workers Pay Maintain are Employees U.S. Dept. Contribute Contribute Affirr~Gue Name and Address of Contract (Not Independent Labor Wage to a Health to a Pension Action Construction Company Amount Contractors) Rate (Y/Nl Plan (YIN) Plan (Y/N) Plan(YIM Local Companies (see above): 1. 2. 3. + 4. 5. 6. 7. 8. 9. 10. Total Local Non-Local Companies: 1.Ancon Construction 2. 3. 4. 5. Yes No Yes Yes Yes Total Non-Local GRAND TOTAL Total Project Cost from Petition Difference (Please explain): $72,000.00 n;~~... to a.~c`W~`.. ~~'~'(~,E: F E B - a 2003 J0~~1 VGCf?~[ CITYCLc~dK '_ ~'" ~ ~... ~=c~~, i^l. . 17 (Rev 12/29/06) ' CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION Exhibit A I 1 1 . 8 I ~; (~ I m~ '.~ °i E ~~ ~~ IN (z v ,~ ~I 1 ~,~ _.. _ ~--- ~ 'rr~l --------- I Iii ii 1 ~ I ; 111 11 1 1 III II ~ ~ ~- 111 II ~ ~ 1 ''_=`. / III I I :~fS'~.> ~•~,?;'r~ti~ ;': ti III \~ I I I :;'~?,~t"~;~,'' ;r,.;:~5; ~=;; ' 1 I t I 111 ~ 11 I I I iv1y~t;• ~:y~r::%o,' ' ~' }' ~ 1 1 1 11 1 ~i:,,~ 1 1 1 1 1 1 1 V I I I ~ r"~~••~'~'{~ ~'Q> 1 I I 1 III I 11 I I I yam, ~' I III I I 1 1 1 2 ~ ?~~ f(1 n 1 I 1 1 I I II II I III I I ~ ~s.;~t~,,. ti I III I I I Iii ii f >:. ,ti ~~`~~?°~?,,~ 1 ? r iii ~ iii ' III I I " ~%:''l,' 4Vi O ~ III III I$ III I I ~''. '. I ~ __„ 11 1 III / I I I I wt' 'r I (") 1 1 1 1 1 1 I IILJI = ~ I m ~ III Itl 1 1 ~~ N III III i I III III I ~ 1u.~.~w. L-- '- -- -J I1I I11 r ,111 I11 I 1 i - ~ I11 III III III I 1 ~ ~ ii~ ~~~--err I ~ a ~ ~--" ~ 1 r i ~ __________=--~`R~~ ~ I . , 1 J I 1 ~w~~.~~~~~~~~~~~~~~~~~~-~~~~~~~~~~~~~~~~~~~ ~~~ ~~~~~~~~r~~~~~~~~~~~~~~~~~~~~~~~~~r~ 1 1 I fTif~~ fn ~ferk'~ ~~ffic~ f=EB - 4 2008 JGhF! VOCRDE CITY Cl.E1,K, S0.2END, W. ~°~~Y RETURN TO: Property Address: AUDITOR'S RECORD Transfer No. Taxing Unit Maq Tax Statements to: Date ~o. ~ StS ~ - t- Go~i~av, ~N ~(oS2? ~~e rn.~~~~1at3-0~~1~1~~r WARRANTY DEED THIS INDENTURE WITNESSETH Thomas E. Lowe ~~f~ u~M ~~~~~~~- ~ CONVEY(S) AND WARRANT(S) TO ~~,~~ ~o~ Playing Mantis, Inc., for Ten Dollars and other valuable consideration the receipt whereof is hereby acknowledged, the following described REAL ESTATE~in St. Joseph Coup ty~~he State of Indiana, to wit: e _ oiiri'een , as shown o the recorded Plat of~o [t:R a fn~`Istnal .:arl~S~ ion; S3 ,recorded April 7, ~f 29,as Documen um er 908570 in the Office of the Recorder of St. Joseph County, Indiana. Subjeci to taxes for the year 2001, due and payable in 2002, and taxes for all subsequent years. Subject to covenants, restrictions and easements of record. IN WITNESS WHEREOF, the Grantor has executed this deed this ,/~da of April 0 f ~~r.~"rG Thomas E. Lowe State of Indiana, St. Joseph County ss: Before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named Thomas E. Lowe who acknowledged the execution of the foregoing Deed and who, having been duty sworn, stated that the representations therein contained are true. WITNESS, my hand and Seal this 11thL day of Apn7, 2002. My//Commission Ex-pi~res: /~QrC !1 0? 9~o?Qf0 L.r/1~q ~ /Q ~O~ Print d N me of Nota Public / Notary Public ounty and St to of Residence ~~IGZ This tnstrumen# was prepared by: Frank A. Antanovitz, Aitomey-at Law #2437-98. 202 S. Michigan St., Ste. 1000; South Bend, IN 6708S01 cn . ~ ,~ tl~. ,~ :.~ ~'~: s5; ,_,, ~_ g ~? 4~ - ~~ ~ G0 ,~;. .-~ - YY ~.1 .r' _ ;. l~ r,~ C`~:r ' '' CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION Exhibit B ., ;.. ~,,; ~. .~.. _ . .--~*, ,..,..,,. Wit- ;~,~r--~ '• rs ~ :: ~ _ ~ w :... ..~~ ~~ ''a vtWwrw~ ° gar r ~~t ~~~ ~y ~ „#BLr.' s.'~- ~ltf ~'u t~ ~ ~ 3 f 3 _y ® r~~~4~' ~`r. ~ wear _I ~'1q'C ~; {{t t ~ { ~~ :. :o /..~ '• f oaf wue rt~ 2 1 ~ f4 ~ . ~'~ r, ~~~.: S•1C ISC:I111 t}Ip1l~lil llS '° ~ ~~ - s 3 {M~~t~~M ~TrrTyy7 ~ palenatue f: auwlua c ::n:Henn 1li1 ttitM/Wl ~ ~1 ~~ ~ ~ y ~~ _ ~., `H ~ 1 :. _ l.~p.av ... ;_ .. _ ~. ' p ~: ~~~ ~: } .a.~. 1 ~,~t klc ly x :s.lcllw~~~ ~1 I 1f 1~~ ` ' el ronc.lr~ _ ,/t r-~ ~iswulalr<.~ y 4v ~ ~: ~ wl"~`~ ~ atllt~~a.rw~~.;a~t !- ^I ~~.,~~ ~ If~ f~1~l i I ~11 -' J J • J J ter' ~ ~ ~"~ sew lw vt `R`f~~~~~sw.j~ a nsWl ~ a' ~s'}re fi _ ~ e~~ aa}mr~~.{~syrwpa>~Y~nru~r,7 C ~ m [~f Ir Ilw 12 ~ .. i~`:; 1, I. SY -_ C 1f ] ,~aYI~GG'~~r ' = r :.r`. • mwrs.,.N l;. ~ - -v 1 :.:f r - n~.rc: 'r; i ' ~ Far... .~ ~~ ~ ~~ .~ ly i w -o I:ef ~ 1.1 ~.. '~ M 6 ,~ ~, ~ ~~' ,rr.'--~- '. '~~~ I~ " '~ r i ~ ~, d ai F r•- _ " ~; ~r t, ~ ~ t- nlorcz::~ ss louwucl • r '1 v.1 }ry+:.l ~ ~ ^• '~t~ ]51(1 i ~:1~'t'1, tf q1>Ct'7 ~ A .~ a:F~ r '. t r ~-~~S~C3 fii~k .5 ~. _. - ~~ ~i~~l i F~~ - .:G•. t yF.: ~ e ~. .I .vu rf ~, ~j. 1 ..-. _ _ -. 1 {~. ~ i ~I, ~ • ~ I , ~. .. ~ ._ i '.f s+g°O~~ ,^ --'-" . r ~-' ~ f -~~~ .~. ~.- = ~ ~ ;~ M ~ w~i l r ' ~° V t .. i.l r_I.. ,~ ` ~ ~ a ~`,' ~~r ~ f wn 1, lr• ~°~ .I ~y °kw 4: j t}~~~Iwtar `- _ _ ~ '-~ ~ ~ _~a CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION Exhibit C Southeast Corner of Property Facing Northwest: Southeast Corner of Property racing vvCa~ ~~~`~G~ S~ ~> .. ~ ~:~~~ ~'~ ~-„ ~~~ ` ~~~~ ~~ F~0 ' -,'' Exhibit C -~' ;, ..~~::., Photographs of Property Located At 3445 William Richardson Drive, South Bend, 46628 ~- Northeast Corner of Property Facing West Southwest Corner of Property_ Facing East . i~~'" -^ Exhibit C ~ ~ a - `/ti ~ ~t C~ Photographs of Property Located Af 3445 William Richardson Drive, South Bend, 46628 . s e t~~~e~e _ ~`'~ ~~ _~ ,. Tj' ~F a' F -r'' 1Q ." K { Exhibit C 1 ` ~ -`"~ 3 - s ~. •:Aa. .l U` ~ :,a ` ~~ ,~, Southwest Corner of Property Facing North CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION Exhibit D ~~ LAKE MICHIGAN AILER Equal Employment Opportunity Policy As Detailed In Lake Michigan Mailers, Inc. Associate Handbook October 1, 2006 Edition, Page 10. Lake Michigan Mailers, Inc. has along-standing record of nondiscrimination in employment and opportunity because of race, color, religion, creed, national origin, marital status, ancestry, disability, sex, height, weight, orage or other criteria prohibited by state and/or federal law. The President has issued the following policy stating the Company's views in this matter: It is the policy of Lake Michigan Mailers, Inc. to: • Strictly follow personnel procedures that will ensure equal opportunity for all people without regard to race, color, religion, creed, national origin, sex, age, height, weight, ancestry, marital status, disability, handicap, veteran or draft status or other criteria required by state and federal law. • Comply with all the relevant and applicable provisions of the Americans with Disabilities Act ("ADA"). Lake Michigan Mailers, Inc. will not discriminate against any qualified associate or job applicant with respect to any terms, privileges, or conditions of employment because of a person's physical or mental disability. • Make reasonable accommodations wherever necessary for all associates or applicants with disabilities, or handicaps provided that the individual is otherwise qualified to safely perform the duties and assignments connected with the job and provided that any accommodations made do not require significant difficulty or expense. • Thoroughly investigate instances of alleged discrimination and take corrective action if warranted; • Be continually alert to identify and correct any practices by individuals that are at variance with the intent of the Equal Employment Opportunity Policy. '`~ ~'F~~'g% ,8 eS q y'` G~4, CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION Exhibit E Classification Native Hawaiian or Other Pacific Islander American Indian or Alaska Native Black or African American (Not Hispanic or Latino) Native Hawaiian or Other Pacific Islander Hispanic or Latino White (Not Hispanic or Latino) Total Associates Classification Native Hawaiian or Other Pacific Islander American Indian or Alaska Native Black or African American (Not Hispanic or Latino) Native Hawaiian or Other Pacific Islander Hispanic or Latino White (Not Hispanic or Latino) Total Associates ' : 9 _~ ~ ^t ti~\ n _ -'U~b -- .. .- wo, rr~ Estimated Total by Classification 2005 2006 2007 0 0 0 0 0 0 8 14 5 0 0 0 6 7 2 58 43 42 72 66 49 ' Estimated Total by Classification 2005. 2006 2007 Full- Part- Full- Part- Full- Part- Time Time Time Time Time Time 0 0 0 0 0 0 0 0 0 0 0 0 3 5 5 g 2 .3 0 0 0 0 0 0 0 6 2 5 2 0 35 23 20 26 30 12 38 34 27 39 34 15 CITY OF SOUTH BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2-83.2 of the South Bend Municipal Code, the Petitioner referred to herein agrees to work with WorkOne Northern Indiana, 851 South Marietta Street, South Bend, Indiana 46601, as a condition of receiving property tax abatement. Lake Michigan Mailers Inc Petitioner's Name David C Rhoa President -Lake Michiaan Mailers Inc Agent's Name Acting on Behalf of the Petitioner David C. Rhoa President Contact Person 3777 Skv King Blvd Street Address Kalamazoo M149009 City, State, Zip Code -~ cc: WorkOne Northern Indiana Chairperson, Community and Economic~Devefopment Committee Department of Community and Economic Development City Clerk's Office ~ ~. Signature of Petitioner 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 3445 William Richardson Drive AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Lake Michigan Mailers, Inc. (Jade Elephant Holding, 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 3445 William Richardson Drive, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Fourteen (14) as shown on the recorded Plat of the Toll Road Industrial Park Section 6, recorded April 7, 1989 as document number 8908570 in the Office of the Recorder of St, Joseph, County, Indiana. and which has Tax Key Number 25-1013-021111 presently, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seg., and South Bend Municipal Code Sections 2-76 et sec ., 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 set,., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to ,the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: ,` SECTION I. The Common Council hereby determines and fords pursuant to Indiana Code 6- 1.1-12.1-4.5 et se ., 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 fords that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. 2 SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council y F'fZESEPITEG 2-ZS`~ C7 a PdOT AFPR©YED ~El~d ~ l~r~g'~ ~~~ice FEB 2 0 2008 ,f0~P! `JOORDE CITY CLEi~iK, S0. gE~D, tN. ADGPTED 1200 COUNTr-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 Fwx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~L ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY February 7, 2008 EXECUTIVE DIRECTOR Council Member Derek D. Dieter, Chairperson Community & Economic Development Committee , South Bend Common Council ~' 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: LAKE MICHIGAN MAILERS, INC. (JADE ELEPHANT HOLDING, LLC) Dear Council Member Dieter: Please find attached the Department'of Community & Economic Development's report on a personal. ' property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the acquisition and installation of new equipment as part of the company's planned start-up of its new mail assembly and document processing facility to be located at 3445 William Richardson Drive. The site is currently owned by Ancon Construction Company, Inc. It will be purchased by Jade Elephant Holding, LLC who will in turn lease the site to Lake Michigan Mailers, Inc. The report contains the Department's findings relative to the above petition. Lake Michigan Mailers, Inc. will be purchasing and installing the new equipment. The total project cost for the equipment is estimated at $1,216,873. The project meets the qualifications fora (5) five-year personal property tax abatement and a representative from Lake Michigan Mailers will be available to meet with the Committee on Monday; February 25, 2008. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5835. Sincerely, Bob Mathia Assistant Director,- Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT -' FINANCIAL HC PROGRAM PA;AELA C. MEYER _ DONALD E. INKS MANAGEMENT 574P235-9660 574/235-9371 ELIZABETH LEONAkD '' FAx: 5741235-9697 574/235-9371 1200 COUNTY-CrrY BUILDING 227 W. JEFFERSON BOULEVARD Soon-I BErro, INDIANA 46601-1830 PHONE 574/235-9371 Fax 574!235-9021 TDD 574/ 235-5567 ' CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY SL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT .. , TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA - SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION °FOR: ` - - LAKE MICHIGAN MAILERS, INC. (JADE ELEPHANT HOLDING, LLC) ..DATE: -February 7, 2008 - On February 4, 2008, a petition for personal property tax abatement consideration for property located at 3445 William Richardson Drive was filed with the City Clerk by Lake Michigan Mailers, Inc. Pursuant to Chapter 2, Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. .. The Department of Commutity and Economic Development has reviewed the petition (a copy of which is . attached), investigated the area, and makes the following report. PROJECT SUMMARY Lake Michigan Mailers, Inc./Jade Elephant Holding, LLC are proposing to develop a 4.75 acre site to include construction of an approximate 13,000 square foot mail assembly and document processing facility. The facility will also serve as a "hot site" for disaster recovery for Lake Michigan Mailers' document creation and mail assembly operations located in Kalamazoo, Michigan. In addition, the site will serve as a sales facility and customer training site for.customers located in northern Indiana. The site is currently owned by Ancon Construction Company, Inc. It will be purchased by Jade Elephant Holding who will in turn lease the site to Lake Michigan Mailers, Inc. Lake Michigan Mailers will own the equipment placed on the site. -- COMMUNITY DEVELOPMENT - - ECONOMIC DEVELOPMENT FINANCIAL SC PROGRAM - PAMELA C. MEYER DONALD E. INKS MANAGEMENT ~ - 574/235-9660 574/235-9371 EL¢aeETH LEONARD FAX: 5741235-9697 ~ ~ 574/235-9371 South Bend Common Council RE: Lake Michigan Mailers, Inc. (Jade Elephant Holding, LLC) February 7, 2008 Page 2 The new equipment to be installed on the site has a total estimated cost $1,216,873. It will be used for: mailpiece assembly; mailpiece bar-coding, sorting and preliminary distribution; data processing and management; and document creation and final assembly. The new equipment consists of various inserting, sorting and document management systems and data processing equipment. PLEASE NOTE: The petitioner has included a vehicle valued at $66,000 as part of their equipment list. It is unclear whether or not the vehicle is eligible for tax abatement. A final determination will be made at the time the petitioner submits their list of equipment to the assessor's office upon completion of the project If the vehicle is included total taxes to be abated during the (5) five-year abatement period are estimated at $74,138. Total taxes to be >l aid during the (5) five-year abatement period with the vehicle included are estimated at $38,580. If the vehicle is not included total taxes to be abated during the (5) five-year abatement period are estimated at $70,117. Total taxes to be paid during the (5) five-year abatement period without the vehicle are estimated at $36,488. EMPLOYMENT IMPACT - -Per the petition, it is estimated that the total project will create five (5) new, permanent, full-time jobs and six (6) new, part-time, permanent j obs within the first year representing a new annual payroll of $250,000. The project is developing a completely new facility and, therefore, does not have any existing employees. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been granted or associated with any previous tax abatement. 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 fora (5) five-year personal property tax abatement under section 2-84.2, Tangible Personal Property Tax Abatement. Tax Abatement Schedule prepared for: 2/8/2008 LAKE MICHIGAN MAILERS. (JADE ELEPHANT HOLDING, LLC) WITH VEHICLE South Bend German 5 Year Personal Property Abatement Schedule" Total estimated Equipment Cost: $1,216,873 Assume constant tax rate of: 5.1376 Assume constant SRTC rate of: 7.0636 TTV Assessed Gross Less Net Percent Tax Tax Year TTV% (Year 1-5) Value Tax SRTC Tax Abated Abated . Paid 1 40% 486,749 486,749 $25,007. 1,766 $23,241 100% $23,241 $0 2 56% 681,449 681,449 $35,010. 2,473 $32,537 80% $26,030 $6,507 3 42% 511,087 511,087. $26,258 1,855 $24,403 60% $14,642 $9,761 4 ~ 32% 389,399 389,399 $20,006 1,413 $18,593 40% $7,437 $11,156 5 24% 292,050 292,050 $15,004 1,060 $13,944 20°l0 $2,789 $11,155. $121,285 8,567 $112,718 $74,138 $38,580- .. .. Total Taxes Due`During Abatement: $112,718 Total Taxes Abated During Abatement: $74,138 Total Taxes Paid During Abatement: $38,580 } -This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. Tax Abatement Schedule prepared for: 2/8/2008 LAKE MICHIGAN MAILERS (JADE ELEPHANT HOLDING, LLC) , WITHOUT VEHICLE South Bend German 5 Year Personal Property Abatement Schedule* • Total estimated Equipment Cost: $1,150,873 Assume constant tax rate of: 5.1376 .. Assume constant SRTC rate of: 7.0636 TTV Assessed Gross Less Net Percent Tax Tax Year TTV% (Year 1-5) Value Tax SRTC Tax Abated Abated Paid 1 40% 460,349 460,349 $23,651 1,671 $21,980 100% $21,980 $0 • 2 56% 644,489 644,,489 $33,111 2,339 $30,772 80% $24,618 $6,154 3 42% 483,367 483,367 $24,833 1,754 $23,079 60% $13,847 $9,232 4 32% 368,279 368,279 $18,921 1,337 $17,584 40% $7,034 $10,551 5 24% 276,210 276,210 $14,191 1,002 $13,189 20% $2,638 $10,551 $114,707 8,102 $106,605 $70,117 $36,488 Total Taxes Due During Abatement: $106,605 Total Taxes Abated During Abatement: $70,117 ' Total Taxes Paid During Abatement: $36,488 • -This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. L i Respectfully Submitted By: David C. Rhoa -President Lake Michigan Mailers, Inc 3777 Sky King Blvd Kalamazoo, Michigan 49009 269-488-9220 drhoa(a~barcodemail.com p~'Cic~ C1~YK ~ ~il~d 1t~ ~ ^~00$ FE6 ~p'~~t,~~G~gti ~+~x' ~~y c~~~~+~°~ a y4~u`2 i?sq; ~7p:'~'k•'v FI~~:~ ~~~ G y ~~_ ~_~ ~"^ ~, STATEMENT OF BENEFITS ~ FORM SB-17 PP x[ `~~ l~ PERSONAL PROPERTY ~ C pp _ ~ ,r;;~$ +:~,,,~f ° State Form 51764 (R / 1-06) ` F J 4' . LV PRIVACY NOTICE '°~• Prescribed by the Department of Local Government Finance The cost and any specific individual's salary information is confidential; the Jl~i'PJ ~rQQyC~ balance of the filing is public record INSTRUCTIONS: CIT'{ Qis"i{C, SQ• ~EkD, Id• per IC 6-1.7-12.1-5.1 (c) and (d . 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant_in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and/or research and development equipment, and/or logistical distribution equipment and/or information technology equipment for which the person wishes to claim a deduction. Projects" planned or committed to after July 1, 1987, and areas designated aRerJuly 1, 1987, require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to installation of the new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment, BEFORE a deduction may be approved 3. To obtain a deduction, a person must file a certified deduction schedule with the person's personal property return on a certified deduction schedule (Form 103-ERA) with the township assessor of the township where the property is situated. The 103-ERA must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March 1 and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF-1 / PP annually to show compliance with the Statement of Benefits. (IC 6-1.1-12.1-5.6) , 5. The schedules established under IC 6-1.1-12.1-4.5(d) and (e) apply to equipment installed after March 1, 2001. For equipment installed prior to March 2, 2001, the schedules and statutes in effect at the time shall continue to apply. (IC 6-1.1-12.1-4.5(tJ and (g)) • •' • Name of fax ayer ~.~( i ~C ~ i~2 ~~c~ ~tl C L I ~lC :~~ a , l c,n Addr~s~~ Ly~(numbera^~ ,cijy,,sf~e,andZlP,~~j~~~ ~_g IV` ' 11T ~ Y D ~ / Name of contactperson Rv~~ ~.~~~~~ ~~~s~v~n ~ Tele ho a number a~~ ~aa~ Name o designating body ~v n~ S ~ ~ ~ Resolution number (s) oy ~ ~ Locatio of ro erty ~'`uJ7 3~~~ ~J:-u-rAM i2~~Nl~ ~ ' ~ ~f lo(o~ County ~ ~ ~ SoS~ P DLGF taxing district number Description of manufacturing equipment and/or research and development equipment ~ ESTIMATED and/or logistical distribution equipment and/or information technology equipment. START DATE COMPLETION DATE (use additional sheets if necessary) ~~. ~~.,~^~, t i ~ ~ Manufacturing Equipment ~ a~~ ~ ~d~Q fl~-~ _ ~ • R 8 D Equipment --- Logist Dist Equipment ~ I ~~j ~ ~ ~} IT Equipment aQ(~ a0 Current number Salaries O Number reO Salaries O Numb@r ~dd'Rionat Salari ~, 'l • ~ • • ~ • -~•• ~ •-• NOTE: Pursuant to IC 6-1.1-12.1-5.1 (d) (2) the MANUFACTURING R & D EQUIPMENT LOGIST DIST ~ EQUIPMENT .EQUIPMENT EQUIPMENT COST of the property is confidential. COST ASSESSED COST ASSESSED COST ASSESSED COST ASSESSED • VALUE VALUE VALUE VALUE Current values Plus estimated values of proposed project ~ - G~J Less values of any property being replaced Net estimated values upon completion of project ~ Q , OOCa r OU - Estimated solid waste converted (pounds) \ Estimated hazardous waste converted (pounds) 1~ " L ~ Other benefits: ` S (~ ~ ~~ ~n L ~~ '-~rN~ (p ~ d{(j wj~•i ~'(V ~xQr/~T~p T~ C GzU A'~u ~ C7J f ~ ~ .. AT~~ AN~1~A~ ~AYR~L~ p~ ~ p~j~ Q~ ~ + I hereby certify thai the representations in this statement are true., Signature a d presentative Title Date sig ed nth, da year) 0 ~ [~ 1~l'S~ ~ ~ We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1-2.5, provides for the following limitations_as authorized under IC 6-1.1-12.1-2. A .The designated area has been limited to a period of time not to exceed ~-calendar years * (see below). The date this designation expires is . B .The type of deduction that is allowed in the designated area is limited to: ~ Ye s ^ N o 1. Installation of new manufacturing equipment; ~ Ye s ~ N o 2. Installation of new research and development equipment; ~ Ye s ^ N o 3. Installation of new logistical distribution equipment. ~ Ye s ~ N o 4. Installation of new information technology equipment; cost with an assessed value of C. The amount of deduction applicable to new manufacturing equipment is limited to $ $ cost D. The amount of deduction applicable to new research and development equipment is limited to __,__ with an assessed value of $ __ ________~-• cost with an assessed value of E .The amount of deduction applicable to new logistical distribution equipment is limited to $ $ ~ - _; cost with an assessed value of _ F. The amount of deduction applicable to new information technology equipment is limited io $ - , G. Other limitations or conditions (specify) ' H. The deduction for new manufacturing equipment and/or new research and development equipment and/or new logistical distribution equipment and/or new information technology equipment installed and first claimed eligible for deduction on or after July 1, 2000, is allowed for. ^ 1 year ^6 years ** For ERA's established prior to July 1, 2000, onl a ^2 years ^7 Years 5 or 10 year schedule may be deducted. ^3years ^8years ^ 4 years ^ 9 years ^ 5 years ** ^ 10 years ** Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved: (signature and title of authorized member) Attested by: Telephone number Date signed (month, day, year) Designated txx7y * If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.1-12.1-4.5 CITY OF SOUTH BEND PETITION FOR . TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, personal property, located within the City of South Bend, hereby petitions the Common Council of the City of South Bend for personal property (new manufacturing- equipment) tax abatement consideration and pursuant to I.C., 6-1.1-12.1, et seq., and South Bend Municipal Code Section 2-84.2, et seq., for this petition states the following: 1. Describe the proposed project, including information about the new manufacturing equipment personal property (equipment) to be installed, the amount of land to be used, if any, the proposed use of the equipment, and a general statement as to the value of the project to your business. Pending the granting of the tax abatement, Ancon Construction Company, Inc. (Ancon) of Goshen, Indiana has proposed to Jade Elephant Holding LLC (JEH) of Mattawan, Michigan and Lake Michigan Mailers, Inc. (LMM) of Kalamazoo, Michigan to sell to JEH the property described herein and construct a mail assembly and document processing facility of the size herein described. This facility will be leased by JEH to LMM under along-term lease. This facility represents.the largest facility construction project undertaken by LMM since 1999. The facility described herein is a critical component of LMM"s long-term strategy for serving customers in Northern Indiana for the provision of mail assembly, daily mail processing and document creation. The facility will also serve as a "hot site° for disaster recovery for LMM's document creation and mail assembly operations located in Kalamazoo, Michigan. The facility will also serve as a sales facility and customer training site for customers located in Northern Indiana. The building will initially be constructed as a single story facility of approximately 13,000 square feet on the parcel described herein (currently owned by Ancon). It is essential to LMM's strategic plan that the facility described herein be expandable to meet anticipated volume growth and evolving technology. As such, the site plan for the facility includes options for substantial building expansion so as to accommodate additional processing and assembly volumes. Land Size 4.75 acres; Building Size: 13,000 sq.ft. (Initial size only.) (Revised 812/02) Pending the granting of the tax abatement, LMM intends to install the equipment listed in Exhibit D attached hereto. This equipment designed to allow LMM to perform the following functions: • Mailpiece assembly • Mailpiece barcoding, sorting and preliminary distribution • Data processing and management • Document creation and final assembly. 2. The project is expected create five 5 full-time and six 6 part-time permanent jobs within the first year, representing an estimated new annual payroll of $250,000.00.- (Excluding LMM's contribution to the associate's medical insurance premium, life insurance premium,. as well as, hazardous-duty pay, on-call pay and tips, back pay, overtime pay, non-production bonuses, and tuition reimbursements. The dollar value above includes LMM's guaranteed contribution to the- associate's 401(k) plan once plan requirements are satisfied, as well as incentive -pay including commissions and production bonuses.) _ The projected annual salaries for each new position created are estimated. to be as follows: Pending the granting of the tax abatement, LMM anticipates creating the positions detailed below at the South Bend facility. While full-time positions offer a more robust benefits package than that of part- time positions, LMM typically does not pay a different hourly rate for part-time positions versus similarly classified full-time positions. (n short, the only variable in annual costs for such differential is the total number~of hours worked. In the projection below, apart-time position is based on 25 hours per work week. . The "Mail Processor- Route Driver" position offers atwo-tier hourly rate; a Mail Processor wage and a Route Driver wage. The estimation below assumes a properly qualified/experienced individual . following LMM-provided training for specific menu of responsibilities. All positions will be created based on business growth and market demands. LMM is an Equal Opportunity Employer. ` The dollar values include LMM's guaranteed contribution to the associate's 401 (k) plan once plan requirements are satisfed; holiday pay and vacation pay. The dollar values exclude LMM's contribution to the associate's medical insurance premium, life insurance premium, as well as, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips, back pay, jury duty pay, overtime pay, severance pay, shift`differentials, non-production bonuses, and tuition reimbursements. (Revised 8/2/02) - 2 ,~ , • Team Leader (Full-Time): $35,000.00 • Lead Operator - MLOCR (Full-Time): $28,000.00 • Mail Processor (Part-Time): $12,300.00 • Mail Processor -Route Driver (Full-Time): $21,800.00 • Account Executive (Full-Time): $40,000.00 3. Estimate the total cost of the Equipment: LMM anticipates making the following .investment in manufacturing and information technology equipment in the 24 months following the granting of a tax abatement for tangible personal property. The equipment described in this petition is detailed in Exhibit D attached hereto. Manufacturin Equipment: ~ $1,139,173.00 9 Information Technology Equipment: $11,700.00 Logistic Distribution Equipment: $66,000.00 - 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):. Pending the granting'of the tax abatement, the equipment will be owned by Lake Michigan Mailers, Inc, whose corporate address is as follows: Lake Michigan Mailers, Inc. 3777 Sky King Blvd Kalamazoo, MI 49009 Lake Michigan Mailers, Inc. is owned as follows: Robert J. Rhoa 2329 Riverside Pointe Drive Saint Joseph, MI 49085 Ownership of Lake Michigan Mailers, Inc.: 60% . Karen Rhoa 2329 Riverside Pointe Drive Saint Joseph, MI 49085 .Ownership of Lake Michigan Mailers, Inc.: 30% David Rhoa 25880 Trestle Creek Ave Mattawan, MI 49071 Ownership of Lake Michigan Mailers, Inc.: 10%. (Revised 8/2/02) ~ ~ (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): ' Same as shown in 4(a) above. 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: Currently, the parcel described herein is vacant, unimproved land. LMM is a leading provider of mail assembly, direct mail marketing, daily mail processing and document creation services. - If the LMM receives the requested tax abatements, it intends to:offer the following services from this location: • Daily Mail Services including Premier Post®, Premier Post® Flats, Option Free®, Option Free® Governmental, Option Free® University, SortMaxT"', _ Mail ExpressT"' _ .. • .Direct Mail Assembly Services • Direct Mail Campaign Development and Management • Production Services for MailProT'" clients. • Document creation and statement processing through RIPDocs®. The services described above represent LMM's core functionality and involve the use. of high-speed, technology-based equipment for the manufacture, assembly and processing of data, documents, direct mail, parcels, and First-Class mail for final delivery by the United States Postal Service, FedEx, UPS and similar carriers. ~ •~ 6. The commonly known address of the property where the Equipment is to be located is: 3445 William Richardson Drive, South Bend, 46628 7. The Key Number of said property is: 25-1013-021111 8. Attach the legal description of the property where the equipment is to be located, marked Exhibit A„and is hereby incorporated herein. (Revised 8/2/02) - 4 9. Attach a map and/or plat describing the {property where the equipment is to be located, marked Exhibit 6, and is hereby incorporated herein. 10.Attach photographs of the property, taken within 30 days of filing of this petition, marked Exhibit C, and hereby incorporated herein. 11.The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment is: The equipment described in this petition and detailed in Exhibit D attached hereto is NEW equipment and is NOT replacing existing equipment. 12.The current use of the real property where the Equipment is to be installed is vacant/unimproved land and the current zoning is Light Industrial - Land Size ~ 4:75 acres; Building Size: 13,000 sq.ft. (Initial size only.) - Low Eve Height: 22 ft. "~ (This information may be obtained from the Building Department 235-9553) 13. List the real and personal property taxes paid at the location during the previous five years, whether,paid by the current owner or a previous owner: The following real property taxes were paid by Ancon (current property owner). As the property is cun•ently vacant/unimproved land, no personal property taxes have been assessed. As of the date of this petition, Ancon has not received its 2007 tax invoice. Year Real Property Taxes Personal Property Taxes Not Applicable - 2002 $ 1,964.41 Vacant/Unimproved Land •- ". • Not Applicable - 2003 $ 2,101.67 Vacant/Unimproved Land Not Applicable - 2004 $ 2,100.26 Vacant/Unimproved Land Not Applicable - 2005 $ 2,211.68 Vacant/Unimproved Land Not Applicable - 2006 $ 2,553.18 Vacant/Unimproved Land " Not Applicable - 2007 Pending Vacant/Unimproved Land (Revised 8/2/02) 5 ~ - 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 ful{ 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). LMM has always had and adheres to a policy of Equal Employment Opportunity, as evidenced by its written Equal Employment Opportunity policy that is contained in its Associate Handbook. A copy of that policy is attached hereto and marked as Exhibit E. Because LMM does adhere to this policy, we do not consider an individual's race, color, age, religion, gender, etc. in determining whether to hire, promote, retain or discipline associates. For the same reason, we do not maintain specific statistics about the demographics of our workforce, nor do we compel, associates to self-identify their demographic characteristics. Having said that, our best estimate of the composition of our workforce. is shown on Exhibit F attached hereto. t_ 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. LMM does not offen'day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. 16.What is your best estimate of the market value of the new Equipment after installation: LMM anticipates making the following investment in manufacturing and information technology equipment in the 24 months following the granting of a -.. •tax abatement for tangible personal property. The equipment described in this petition is detailed in Exhibit D attached hereto. Manufacturing Equipment: Information Technology Equipment: Logistic Distribution Equipment: $1,139,173.00 $11,700.00 $66,000.00 (Revised 8/2/02) ~ b 17.What is•your best estimate of the amount of taxes to be abated during each of the five years after installation? South Bend German 5 Year Personal Property Abatement Schedule'' Total estimated Equipment Cost: ~ $1,216,873 Assume constant tax rate of: 5.1376 Assume constant SRTC rate of: 7.0636 TTV Assessed Gross Less Net Percent Tax Tax Year TTV% (Year 1-5) Value Tax SRTC : , Tax Abated Abated Paid 1 40% 486;749 486,749 $25,007 1,766 $23,241 100% $23,241 $0 2 56% 681,449 681,449 $35,010 2,473 $32,537 80% $26,030 $6,507 3 42% 511;087 511,087 .$26,258 1,855 $24,403 60% $14,642 $9,761 4 32% 389,399 389,399 i : $20,006 1,413. $18,593 40% $7,437 $11,156. 5 24% 292,050 292,050 ~ $15,004 1,060 $13,944. 20% $2,789 $11,155 $121,285 8,567 $112,718 $74,138 $38,580 Total Taxes Due During Abatement: $112,718 Total Taxes Abated During Abatement: $74,138 Total Taxes Paid During Abatement: $38,580 _ 18. What is the commitment your firm will make to minority employment during the five years of tax abatement? LMM has always had and adheres to a policy of Equal Employment Opportunity, as evidenced by its written Equal Employment Opportunity policy that is contained in its Associate Handbook. A copy of that policy is attached hereto and marked as Exhibit E. Because LMM does adhere to this policy, we do not consider an individual's race, color, age, religion, gender, etc. in determining whether to hire, promote, retain or discipline associates. 19.The Equipment has not been installed as of the date of filing of this petition. (The signature at the end of this Petition is verification of this statement) 20.The standard Industrial Classification Manual major group within which the proposed project would be classified, by number and description: The Standard Industrial Classification (SIC) of 7331 -Direct Mail Advertising, while used in for select governmental reports, does not fully reflect the full spectrum of services offered by LMM. Where permissible, LMM prefers to utilize the North American Industry. Classification-System (NAILS). The following NAILS codes are most applicable to the services provided by LMM: • 541860 Direct Mail Advertising • 561499 All Other Business Support Services • 561439 Other Business Service Centers • 323119 Other Commercial Printing • 518210 Data Processing, Hosting and Related Services • 492210 Local Messengers and Local Delivery 21.The Internal Revenue Service Code of Principal Business Activity by which the- proposed project would be classified, by number and description: • 561490 Other Business Support Services 22.The• real property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission:. Airport Economic Development Area (Revised 8/2/02) 8 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. LMM has not applied or expect to apply for any of the financing opportunities described in question 23. 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: The equipment described in this petition and detailed in Exhibit D .attached hereto is NEW equipment and is NOT replacing existing equipment. . 25.The new manufacturing equipment will be used in the direct production, manufacture, fabrication; assembly, extraction, mining, processing, refining, or finishing of other tangible personal property and that the equipment was never before used by its owner;for any purpose in Indiana. The signature at the end of this Petition is verification of this statement. 26.The following person(s) should be contacted as Petitioners agent regarding additional information and public hearing notifications: David C. Rhoa President Lake Michigan Mailers, Inc. -~ 3777 Sky King Blvd Kalamazoo, MI 49009 Office: 269-488-9220 Cell: 269-217-9043 (Revised 8/2/02) ~ 9 - WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible personal property tax abatement. consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution.. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): . By (Si.. David C. Rhoa President Lake Michigan Mailers, Inc. (Typed or printed name_ and capacity of signor if signed by an agent or representative of the owner) filed In Gier~'~ Gffice FEg - 4 2G0$ .. .. ao~N voo~ce (Revised`8/2/02) 10 o~y CtERK, so. eeho, tN. ., Da~rid C. Rhoa President Lake Michigan Mailers, Inc. 3777 Sky King Blvd' CITY OF SOUTH BE NAL PROPERTY PETITION FOR TANGIB T CONSIDERATION TAX ABATEMEN 1 I I, ~8 ~l I~ ~I ~ °i E ~~ ~~ I~ (z ~~ I. 1 I~ I ~~ I i i ~~ _~ 1 ,- ^ ~~ ~~ _ ~ ---------- r -~ ~ 1 1 ' I ii ii ~ I I •. _ - ii i i I /: :. 1 1 11 1 1 1 1 1 ~ •4. 1`'~..1r~1r ~S'• •~'S ti~/j ,~r;• • _ _ /// \\~ i I III I 1 I 1 I I . . ~{n?~;l rti'~~,a;~.^~ ~ ' I ..., .:;. ,.._,. _ . .. _.. III I t 1 1 ' I i i i i II 1 1 ;~:~r: x>;: ~:... ti.;y. ~ ti' ~ JSw ~/ •'f r' ~1' ~;ti ^ ~ I iii iii ~ I t l 1 1 1 II I I "~ ,f 1 III 11 I 1 I X I 1 1 l l II~II ~ ~, "Iq ~ .~ I 1 I I t I I I I III III I I 11 ~ ti :~,~4 ,kJ I III ~ III 1 ' ~ f , , ~ r III III 1~ I I 1 11 ? :~;::ay ~, }ice ~} •. I ~ 1 I I III 1>! ~ I 1 I l At' 'r' ~ I n "'~ ~ III III 1 I ~ IILJI ~ - i ~ III III ~ m 1 ~ to III III I 111 III v.w.~wr L ~ . i . ~.. ....~ ~a' '. .~ 1 1 1 ~ III Ill ~ ~ ~~ III III •__/ ~~ ~~ ~ i // ~ i /~ - -~'-------- ~` e III nioraem a,omal Mu ~~ ~`. 1` ~--- -------------,~ l ~J ~, I amps: ~ile=~ In Clerk's Office ~ F E B- 4 2008 I d4hi?~ Va4AQE CITY CLEr;K, S0.6END, IN. e~pY RETURN TO: AUDITOR'S RECORD Property Address: ~ Transfer No. ~~~~ TiL~~D Taxing Unit Ma~7 Tax Statements to: Date GO~hBU, ~"N ~bSZ ~ ~.. r e WARRANTY DEED - THIS INDENTURE WITNESSETH Thomas E. Lowe ~~ /~r _ _ _ J CONVEX(Sj AND WARRANT(S) TO wri~i Playing Mantis, Inc., for Ten Dollars and other.Valuable consideration the receipt whereof is hereby acknowledged, the following described REAL ESTATE in St. Joseph Coup ty~t~he State of Indiana, to wit: ourfeen as shown o the recorded Piat o ` . R a I ~ CIs ~ a : S~t~orr: Sic, recorded Apn'I 7, _ 9 as Documen um er 908570 in the Office of the Recorder of St. Joseph County, Indiana. Subject to taxes for the year 2001, due and payable in 2002, and taxes for all subsequent years. Subject to covenants, restrictions and easements of record. IN WITNESS WHEREOF, the Grantor has executed this deed this ~„ da of April 0 ~- ~~r,~'"tG - - Thomas E Lowe State of Indiana, St. Joseph County ss: Before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named Thomas E. Lowe who acknowledged the execution of the foregoing Deed and-who, having been duly suvom, staled that the representations therein contained are true. WITNESS, my hand and Seal this i 1th day of Apn7, 2002. My Commission Expires: ~/farC ~j a 9 a~~r~ " L. r /1~q ~ / Q ~O~ Print N me of Nota Public J~t . SP ` ~c[a n Notary Public ounty and S to of Residence `~ ~ --7 ignature of Notary P c This instrument was prepared by: Frank A Antonovitz, Attorney-at-Law #2437-98. 202 S. Michigan St., Ste. 1000; South -Bend, IN 46601 6708S01 'cn . {-t1ir k:f ~l] ~.`7 ?'..+1 :-dga W~~t Cti . F E 9 - ~- 2GG8 JGidN v~c~~oe CITY Clr~n, a~. fiA'D; IN. CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONALTIONPERTY TAX ABATEMENT CONSIDERA .~°,` .`. -- -~.- . r k=;- p6~ f 'w .~~ ..., ~~ .~.. a ., `, ---«yr~r '' 11~ i a i l 1 i ~ I e '1t ~ •' ..,. ^ ;^.. f _' r~r..~ - ~. ':.137,':" ~,. •. . ~ .,:.-~ ~..4 :~ ; ~ - ~ -- I ~ ~ N ^ _ ~~ ~ I r +*q . . .. ~.. ~, .., ~-y y ,~.,,r.~r~ ~" ~ a ~~ ~~ 'e.`. t ~ .= J i r '"F.. n; I !1~ 11',5!x`''1. ,, u ' .. a l~ t ~~'~ ~ 5 ~ ~, 3 ""'~", ', ;~'' ,~ ei ~,~ '+~~r S~ `.~ N ~/~ .. .~ ~_ ~ ~"°-? :s~e~~ :''ra's~'"s`;tf~~~ai`}~ ~ ~3~'4r/`a-a~ ~~•~ ass. 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"•~.•.r...7 C!-a ~T:: re.~ "!n )w, •~SL IS IlC: 1111 ]}I[1]ilil 111 ~{=- .. ~~ ~ 4~~ ~ nwucinr ~ t r 1 1:uo.+nr" ; -. >~. s _ ozlxc ~~, :. 4 ' 3 '.1 ~~:: I::I I~ F I i ~ s . , . . . . ~ ~•+ ~~ . ~;n«Ctit7ttu - u lonmllx muc:lln 94 it: ~~ : 1 i ~ RF i il-1i~7i'~.'} ,~, f ~a. w'~ .:..• - _ . S ` ~ A~+`v ~~~` 'f ~.. Clr. :.4:..+r ~- - - a` _ ~~~ ~ ~ Y fc~ X `~. K1 ~.il ~] 13101301fXr1 .... ~- aslonaa- 4 ~~ M--- f ~ II 2 ~. y i 1 1i U11419'S Oa1S14 ~, ~ a'. S + .:~ ~ I- I 4Y ~ Tfr .- ~v ~ ~ ~~ },,~ ~y1 ~ , ..~~' ~` . `i 1 ¢ {~ ~ tit .fit. ~- ~, ~' __~ :. ~ , .. i ~ r ~~ry~. ts-- 3 " i ~. , t.a , ~ ems, -_ j w % / Zi^ ,; ~;` ~ ~Ca, ~ , y, 1 y~ 7 ~ 1 1 7• ~~ ~ f q ~ 1 l '? .4 1 « ti rHt~bl' irf 7 ~~ s r '~' ~._ ~' ~ c ~- ~ ~ ., 51 ~ 0.r ~'~~ ~ ~ ~ ~~ ~ 1111 - 1 T ~y'!r 4 ~ . .`~. `• \~1 ~ ~`a. ~.~~~~.r~^r..-A<::.1: .. ._ ..max , 2L:L'L ~~: _ ~ CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION Photographs of Property Located At 3445 William Richardson Drive, South Bend, 46628 i1~r ~-- Exhibit C ~ f . Eg _ ~ '~~~3 ~ F Southeast Corner of Property Facing Northwest Southeast Corner of Property Facing West Photographs of Property Located At 3445 William Richardson Drive, South Bend, 46628 Southwest Corner of Property Facing East ~ ~ ;tiC 4 ~~~j~ ~,n r, ~~~~ Exhibit C F~8 ' '~ 2 ~ocr~~, ~N. .. yoHCa, ~~~,~, ~1.~c~E~~~~~0' ~. Northeast Corner of Property Facing West Photographs of Property Located At 3445 William Richardson Drive, South Bend, 46628 ~~G~ ~.r~^ Exhibit C ~~~ - ~ ~~'~'~ 3 ~a~~sL s~',,e~ ~ ~~ H,.~a, ~N• Southwest Corner of Property Facing ~lorth CITY OF SOUTH BEND .PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION ANTICIPATED EQUIPMENT COMPONENTS Cate o Estimated Cost Item Bowe Bell and Howetl Criterior- IV with WayMark, LDU, FASTForward, Compass, 80 Bins, Tray Racks, TrayCross Over Management System, T ray Bin Displays, Integrated Conveyor Extension, Air Compressor, Filter, Tank, Dryer Unit Manufacturing $ 691,127.00 , and Licensed Software Manufacturing $ $ 3,930.00 93,881.00 Whittier BagTagger Pitney Bowes DM1000 and Business Manager System Manufacturing Manufacturing ~ $ 28,900.00 MBO Right Angle Folder Manufacturing $ 9,500.00 . System Bander ` Bowe Bell and Howell System Inserter with Integrated Manufacturing $ 168,495.00 Accumulator/Folder '° Ricoh MP9000 Printer with Finishing Equipment Manufacturing Manufacturing $ $ 47,340.00 29,000.00 lnk-Jet Processing System ineering Innovation EZ-Flats Processing System En Manufacturing _ $ g 67000.00 1,139,173.00 g Total Manufacturing Equipment r Network andSupport Equipment t Information Technology $ $ 11,700.00 700.00 11 e rocessin Compu Data P 9 n Technology Equipment ti , o Total Informa Logisitical Distribution Equipment Logistics Distribution $ 66,000.00 GMC 3/4 Ton Savana Cargo Van $ 66,000.00 Total Logisitical Distribution Equipment $ 1,216,873.00 Grand Total ~~s ~ ~ s Y.,C~ . ~~ ~. ~r~~;~' ~ L~ ~~' FEB~~` ~ r~,""p„ ~~ :: Exhibit D CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION PHOTOS OF ANTICIPATED. MAJOR EQUIPMENT COMPONENTS _'- Bowe Bell and Howell Criterion IV System Additional equipment not shown. -~ i %~"'-1~~l_---`°""®' Ricoh MP9000 with Finishing __. ~~ ~ i ~ ~ r•-~ Equipment. _ ~ ~ Additional equipment not _. I r~_, shown. <w--:, _ _rs p~ t ,,r u~ ~r r__I , _ . rs '' 1._ ,, r . ~ 1 r ~1 / , Exhibit D 1 Engineering Innovation EZ-F1ats System. Additional equipment not shown. sr Z7 A(^~ ~, % ~y ~ ~' li'K'~ ~ ~ ~..._.---' _ .,-^ n_.~t~ FEr ~` Ci~ ~'>~:. '~: ~'..~ CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION PHOTOS OF ANTICIPATED MAJOR EQUIPMENT COMPONENTS 5 ~ r;, ~ ~r~ t .r"° .a~~ ~ _fT Pitney Bowes DM1000 Postage System. -_ Additional equipment not shown. .....--e . '"R :~ ~~ -i p '`~ - ~~ B B II dH II ` ~ owe a an owe `© ~t~. `,~_ ~ e ;, " ` Pinnacle VIP. ~'~' -= .. _. ~ Additional equipment p t rt ~ - : - ~ not shown. ~.~, = Exhibit D 2 CITY OF SOUTH BEND PETITION. FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION .LAKE M /CHIGA N ® MAILERS Equal Employment Opportunity Policy As Detailed In Lake Michigan Mailers, Inc. Associate Handbook October 1, 2006 Edition, Page 10. Lake Michigan Mailers, Inc: has along-standing record of nondiscrimination in employment and opportunity because of race, color,~religion, creed, national origin, marital status, ancestry, disability, sex, height, weight, or age or other criteria prohibited by state and/or federal law. The President has issued the following policy stating the Company's views in this matter: It is the policy of Lake Michigan Mailers, Inc. to: • Strictly follow personnel procedures that will ensure equal opportunity for all people without regard to race, color, religion, creed, national origin, sex, age, height, weight,. ancestry, marital status, disability, handicap, veteran or draft status or other criteria required by state and federal law. Comply with all the relevant and applicable provisions of the Americans with Disabilities Act ("ADA"). Lake Michigan Mailers, Inc. will not discriminate against any qualified associate or job applicant with respect to any terms, privileges, or conditions of employment because of a person's physical or mental disability. Make reasonable accommodations wherever necessary for all associates or applicants with disabilities, or handicaps provided that the individual is otherwise qualified to safely perform the duties and assignments connected with the job and provided that any accommodations made do not require significant difficulty or expense. Thoroughly investigate instances of alleged discrimination and take corrective action if warranted; • Be continually alert to identify and correct any practices by individuals that are at variance with the intent of the Equal Employment Opportunity Policy. `~~~`~e :~• ~_~ ~. + J ~ F ~ > ~ .~ ''; (yc:y~ ~~' CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION Classification Native Hawaiian or Other Pacific Islander American Indian or Alaska Native Black or African American (Not Hispanic or Latino) Native Hawaiian or Other Pacific Islander Hispanic or Latino White (Not Hispanic or Latino) Total Associates Classification Native Hawaiian or Other Pacific Islander American Indian or Alaska Native Black or African American (Not Hispanic or Latino) Native Hawaiian or Other Pacific Islander Hispanic or Latino White (Not Hispanic or Latino) Total Associates -.~..._.._.~.~... ' •' ~~7dsdL' FEB~ - ~. 2008 CITY C EiRK, S0. B ND, IN Estimated Total by Classification 2005 2006 2007 0 0 0 0 0 A 8 14 5 0 0 0 6 7 2 58 43 42 72 66 49 Estimated Total by Classification 2005 2006 2007 Full- Part- Full- Part- Full- Part- Time Time Time Time Time Time 0 0 0 0 0~ 0 0 0 0 -.0 0 0 3 5 5 8 2 3 0 0 0 0 0 0 0 6 2 5 2 0 35 23 20 26 30 ~ 12 38 34 27 39 34 15 CITY OF SOUTH BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2-83.2 of the South Bend Municipal Code, the Petitioner referred to herein agrees to work with ~ WorkOne Northern Indiana, 851 South Marietta Street, South Bend, Indiana 46601, as a condition of receiving property tax abatement. Lake Michigan Mailers Inc Petitioner's Name ~~ David C. Rhoa President -Lake Michi an Mailers Inc. Agent's Name Acting on Behalf of the Petitioner David C. Rhoa President Contact Person ~~ 3777 Sky King Blvd Street Address Kalamazoo M149009 City, State, Zip Code cc: WorkOne Northern Indiana Chairperson, Community and Economic Development Committee Department of Community and Economic Development City Clerk's Office Signature of Petitioner ~~