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03-13-2023 South Bend Common Council Committee Meeting Notice & Agenda Packet
OFFICE OF THE CITY CLERK DAWN M. JONES, CITY CLERK MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: DAWN M. JONES, CITY CLERK DATE: THURSDAY, MARCH 09, 2023 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, March 13, 2023: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 The Council Chambers will be Open to the Public or Members of the Public May Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/03132023CC. 3:00 P.M. PERSONNEL & FINANCE CHAIRPERSON, NIEZGODSKI 1.Bill No. 06-23 – An Ordinance Amending the Maximum Salary and wage of the Executive Assistant/Director of Special Projects for the City Clerk of South Bend, Indiana 2.Bill No. 08-23 – An Ordinance Amending Ordinance 10894-22, to Establish One New Full-Time Position and Amend the Maximum Salaries of Two Existing Full-Time Positions 3.Bill No. 09-23 – An Ordinance for Budget Transfers for Various Departments Within the City of South Bend, Indiana for the Year 2023 4.Bill No. 10-23 – An Ordinance Appropriating Additional Funds for Certain Departmental and City Services Operations for the Year 2023 – SUBSTITUTE 3:40 P.M PUBLIC WORKS & PROPERTY VACATIONS CHAIRPERSON, NIEZGODSKI 1.Bill No 05-23 – An Ordinance Vacating Property Located at Two Parts of Old Bartlett Street Lying South of the New Bartlett Street Roundabout 3:50 P.M. HEALTH & PUBLIC SAFETY CHAIRPERSON, WAX Update – RSVP 4:10 P.M. ZONING & ANNEXATION CHAIRPERSON, HAMANN 1.Bill No. 01-23 – An Ordinance Approving a Special Exception for Property Located at 2621 Mishawaka Avenue, Councilmanic District #3, South Bend, Indiana 4:30 P.M. COMMUNITY INVESTMENT CHAIRPERSON, TOMAS MORGAN 1.Bill No. 23-03 – A Resolution Designating a Tax Abatement for Property Located at 2652 Jaclyn Court and 3161 Youngs Court, South Bend Indiana 2.Bill No. 23-09 – A Resolution Confirming a Tax Abatement for Property Located at 536 South Main, South Bend, Indiana 3.Bill No. 23-10 – A Resolution Designating a Tax Abatement for Property Located at 7468 Voorden Parkway, South Bend, Indiana Council President Sharon L. McBride has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Community Investment Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, MCBRIDE 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR HEARING AND SIGHT-IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible South Bend Common Council Meeting Agenda Monday, March 13, 2023 7:00 PM The South Bend Common Council meeting will be open to the public at the Council Chambers on the 4th floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601 or available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams Link: https://tinyurl.com/03132023SBCC. 1.INVOCATION 2.PLEDGE OF ALLEGIANCE 3.ROLL CALL 4.REPORT FROM SUB-COMMITTEE ON MINUTES 5.SPECIAL BUSINESS 23-07 A SPECIAL RESOLUTION OF THE COMMON COUNCIL AND THE CITIZENS OF THE CITY OF THE SOUTH BEND, INDIANA, HONORING TOY VILLA FOR MORE THAN 36 YEARS OF EXCEPTIONAL AND IMPACTFUL WORK AS A CONSTRUCTION MANAGER AND LAND SURVEYOR IN OUR COMMUNITY, AND FOR HIS QUINTESSENTIAL LEADERSHIP AND TEAMWORK AS AN EMPLOYEE OF THE CITY OF SOUTH BEND 6.REPORTS FROM CITY OFFICES 7.COMMITTEE OF THE WHOLE BILL NO. 01-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION FOR A SPECIAL EXCEPTION FOR THE PROPERTY LOCATED AT 2621 MISHAWAKA AVE SOUTH BEND, IN 46615 COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 05-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THE FIRST STREET TO BE VACATED IS THAT PART OF OLD BARTLETT STREET LYING SOUTH OF THE NEW BARTLETT STREET ROUNDABOUT, BETWEEN MICHIGAN AVENUE TO THE EAST AND THE VACATED SECTION OF MAIN STREET TO THE WEST. THE SECOND STREET TO BE VACATED IS THAT PART OF OLD BARTLETT STREET LYING SOUTH OF THE NEW BARTLETT STREET ROUNDABOUT, LYING EAST OF MICHIGAN STREET AND WEST OF ST. JOSEPH STREET 06-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING MAXIMUM SALARY AND WAGE OF EXECUTIVE ASSISTANT/DIRECTOR OF SPECIAL PROJECTS FOR THE CITY CLERK OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2023 08-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10894-22, WHICH FIXES MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF EXECUTIVE DEPARTMENTS OF THE CITY OF SOUTH BEND FOR CALENDAR YEAR 2023, TO ESTABLISH ONE NEW FULL-TIME POSITION AND AMEND THE MAXIMUM SALARIES OF TWO EXISTING FULL-TIME POSITIONS 09-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2023 10-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS FOR THE YEAR 2023 OF $729,545 FROM THE GENERAL FUND (#101), $255,785 FROM THE PARKS AND RECREATION FUND (#201), $15,000 FROM THE GIFT, DONATION, AND BEQUEST FUND (#217), $449,000 FROM THE LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220), $80,000 FROM THE CENTRAL SERVICES FUND (#222), $41,000 FROM THE CODE ENFORCEMENT FUND (#230), $40,000 FROM THE POLICE FEDERAL DRUG ENFORCEMENT FUND (#299), $34,895 FROM THE PROFESSIONAL SPORTS CONVENTION DEVELOPMENT AREA FUND (#413), $800,000 FROM THE MORRIS PERFORMING ARTS CENTER CAPITAL FUND (#416), $30,000 FROM THE 2017 PARKS BOND CAPITAL FUND (#471), $551,957 FROM THE CONSOLIDATED BUILDING FUND (#600), $5,000 FROM THE PARKING GARAGES FUND (#601), $75,000 FROM THE SOLID WASTE CAPITAL FUND (#611), AND $150,000 FROM THE SEWAGE WORKS CAPITAL FUND (#642) – SUBSTITUTE 8.RISE AND REPORT 9.REGULAR MEETING RECONVENED 10.BILLS ON THIRD READING BILL NO. 01-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION FOR A SPECIAL EXCEPTION FOR THE PROPERTY LOCATED AT 2621 MISHAWAKA AVE SOUTH BEND, IN 46615 COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 05-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THE FIRST STREET TO BE VACATED IS THAT PART OF OLD BARTLETT STREET LYING SOUTH OF THE NEW BARTLETT STREET ROUNDABOUT, BETWEEN MICHIGAN AVENUE TO THE EAST AND THE VACATED SECTION OF MAIN STREET TO THE WEST. THE SECOND STREET TO BE VACATED IS THAT PART OF OLD BARTLETT STREET LYING SOUTH OF THE NEW BARTLETT STREET ROUNDABOUT, LYING EAST OF MICHIGAN STREET AND WEST OF ST. JOSEPH STREET 06-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING MAXIMUM SALARY AND WAGE OF EXECUTIVE ASSISTANT/DIRECTOR OF SPECIAL PROJECTS FOR THE CITY CLERK OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2023 08-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10894-22, WHICH FIXES MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF EXECUTIVE DEPARTMENTS OF THE CITY OF SOUTH BEND FOR CALENDAR YEAR 2023, TO ESTABLISH ONE NEW FULL-TIME POSITION AND AMEND THE MAXIMUM SALARIES OF TWO EXISTING FULL-TIME POSITIONS 09-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2023 10-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS FOR THE YEAR 2023 OF $729,545 FROM THE GENERAL FUND (#101), $255,785 FROM THE PARKS AND RECREATION FUND (#201), $15,000 FROM THE GIFT, DONATION, AND BEQUEST FUND (#217), $449,000 FROM THE LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220), $80,000 FROM THE CENTRAL SERVICES FUND (#222), $41,000 FROM THE CODE ENFORCEMENT FUND (#230), $40,000 FROM THE POLICE FEDERAL DRUG ENFORCEMENT FUND (#299), $34,895 FROM THE PROFESSIONAL SPORTS CONVENTION DEVELOPMENT AREA FUND (#413), $800,000 FROM THE MORRIS PERFORMING ARTS CENTER CAPITAL FUND (#416), $30,000 FROM THE 2017 PARKS BOND CAPITAL FUND (#471), $551,957 FROM THE CONSOLIDATED BUILDING FUND (#600), $5,000 FROM THE PARKING GARAGES FUND (#601), $75,000 FROM THE SOLID WASTE CAPITAL FUND (#611), AND $150,000 FROM THE SEWAGE WORKS CAPITAL FUND (#642) – SUBSTITUTE 11.RESOLUTIONS BILL NO. 23-03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2652 JACLYN COURT, SOUTH BEND, IN 46614 AND 3161 YOUNGS COURT, SOUTH BEND, IN 46614 ECONOMIC REVITALIZATION AREAS FOR PURPOSES OF A SIX-YEAR (6) REAL PROPERTY TAX ABATEMENT FOR THE ROBERT HENRY CORPORATION 23-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 536 SOUTH MAIN STREET, SOUTH BEND, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT-YEAR (8) REAL PROPERTY TAX ABATEMENT FOR SOMA CAPITAL, LLC 23-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 7468 VORDEN PARKWAY, SOUTH BEND, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN- YEAR (10) REAL PROPERTY TAX ABATEMENT FOR 7468 VORDEN PARKWAY, LLC 12.BILLS OF FIRST READING BILL NO. 11-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1330 HIGH ST. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 12-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 439 DUNDEE STREET, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 13-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1602 S MICHIGAN ST. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 14-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, BY ADDING ARTICLE 15, SECTIONS 6-94 THROUGH 6-108 INCLUSIVE TO REQUIRE LANDLORDS AND TENANTS TO PARTICIPATE IN BED BUG REMEDIATION 15-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, 1100 BLOCK OF CORBY BOULEVARD BEING A PART OF CORBY BOULEVARD AS SHOWN ON THE INDIANA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLANS FOR SR 23, R/W CODE 3786, DES NO. 9133615, PROJECT NO. STP-S050-(007) DATED DECEMBER 19, 2011, AND BEING SITUATED IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 13.UNFINISHED BUSINESS 14.NEW BUSINESS Next Council Committee Meeting – March 27, 2023 – Committee Meeting tentatively will begin at 3:30 p.m. and Council Meeting begin at 7:00 p.m. 15.PRIVILEGE OF THE FLOOR 16.ADJOURNMENT NOTICE FOR HEARING AND SIGHT-IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 2023 COMMON COUNCIL STANDING COMMITTEES (Rev. 02-09-2023) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Rachel Tomas Morgan, Chairperson Eli Wax, Member Troy Warner, Vice-Chairperson Citizen Member Henry Davis, Jr., Member Citizen Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Troy Warner, Chairperson Canneth Lee, Member Lori K. Hamann, Vice-Chairperson Eli Wax, Member Citizen Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Sharon L. McBride, Member Eli Wax, Member Sheila Niezgodski, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Eli Wax, Chairperson Troy Warner, Member Karen L. White, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Rachel Tomas Morgan, Chairperson Canneth Lee, Member Lori K. Hamann, Vice-Chairperson Citizen Member Citizen Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Canneth Lee, Chairperson Henry Davis, Jr., Member Troy Warner, Vice-Chairperson Rachel Tomas Morgan, Member Citizen Member Citizen Member PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and related matters. Sheila Niezgodski, Chairperson Eli Wax, Member Troy Warner, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Karen L. White, Vice-Chairperson Lori K. Hamann, Member Carl Littrell, Citizen Member Jason Piontek, Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Henry Davis, Jr., Member Sheila Niezgodski, Member Karen L. White, Chairperson Canneth Lee, Vice-Chairperson Amika Micou, Citizen Member Citizen Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers, and all related matters. Henry Davis, Jr., Chairperson Troy Warner, Member Eli Wax, Vice-Chairperson Lori K. Hamann, Member Citizen Member Citizen Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Lori K. Hamann, Chairperson Sheila Niezgodski, Member Henry Davis, Jr., Vice-Chairperson Karen L. White, Member Citizen Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council. Troy Warner, Member Eli Wax, Member 2023 COMMON COUNCIL STANDING COMMITTEES (Rev.01-09-2023) CANNETH LEE, 1ST District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Health & Public Safety Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Information & Technology Committee, Member Community Relations Committee, Member Personnel & Finance Committee, Member HENRY DAVIS, JR. 2nd District Council Member Utilities Committee, Chairperson Residential Neighborhoods Committee, Member Zoning & Annexation Committee, Vice-Chairperson PARC Committee, Member Community Investment Committee, Member SHARON L. MCBRIDE, 3rd District Council Member President Council Rules Committee, Member TROY WARNER, 4TH District Council Member Community Relations Committee, Chairperson Health & Public Safety Committee, Member Personnel & Finance Committee, Vice-Chair Utilities Committee, Member PARC Committee, Vice-Chairperson Sub-Committee on the Minutes, Member ELI WAX, 5TH District Council Member Health & Public Safety Committee, Chairperson Committee Relations, Member Utilities, Vice-Chairperson Sub-Committee on Minutes, Member Community Investment, Member Council Rules Committee, Member Personnel & Finance, Member SHEILA NIEZGODSKI, 6TH District Council Member Vice-President Personnel & Finance Committee, Chairperson Residential Neighborhoods Committee, Member Public Works & Property Vacation, Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson PARC Committee, Member Community Investment Committee, Chairperson Personnel & Finance Committee, Member Health & Public Safety Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Public Works & Property Vacation, Vice Chairperson Health & Public Safety Committee, Vice-Chairperson Zoning & Annexation Committee, Member LORI K. HAMANN, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Public Works & Property Vacation, Member Information & Technology Committee, Vice-Chairperson Utilities Committee, Member Community Relations Committee, Vice- Chairperson BILL NO. 06-23 1200N COUITTY-CITY BUILDING 227 W. JEFFERSO BLVD. SOUTH BE D, INDIA A 46601-1830 PHO E 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND, IN JAMES MUELLER, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE February 22, 2023 Sharon McBride, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: Salary Ordinance Amendment Dear President McBride, .... --- ,-FEB L ;-;Ui :�i e ½AWNM. JONES CITY CLE AK SOUTH BEND, IN On October 10, 2022, the South Bend Common Council passed Ordinance No. 10894-22, which fixed maximum salaries and wages of appointed officers and non-bargaining employees of the City of South Bend for the calendar year 2023. We now request an amendment to this non-bargaining salary ordinance, specifically to make the following changes: •Establish a full-time City Attorney position (with a 2023 salary cap of $110,451) •Increase the salary cap for the Diversity Compliance/Inclusion Officer position (from the current 2023 cap of $85,967 to an amended 2023 cap of $95,000) •Increase the salary cap for the Executive Director of Human Rights position (from the current 2023 cap of $78,662 to an amended 2023 cap of $92,500) I will present this bill to the Common Council at the appropriate committee and Council meetings. It is requested that this bill be accepted for 1st reading on February 27, 2023, with 2nd reading, public hearing and 3rd reading scheduled for March 13, 2023, to coincide with the first quarter budget adjustment bills. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235- 9822. Regards, Xf tJJR· Kyle Willis City Controller BILL NO. 08-23 i FED BILL NO. 08-23 DAWN M.JONES ORDINANCE NO. CITY CLERK SOUTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING ORDINANCE NO. 10894-22, WHICH FIXES MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF EXECUTIVE DEPARTMENTS OF THE CITY OF SOUTH BEND FOR CALENDAR YEAR 2023,TO ESTABLISH ONE NEW FULL-TIME POSITION AND AMEND THE MAXIMUM SALARIES OF TWO EXISTING FULL-TIME POSITIONS STATEMENT OF PURPOSE AND INTENT On October 10, 2022, the South Bend Common Council passed Ordinance No. 10894-22, which fixed maximum salaries and wages of appointed officers and non-bargaining employees of the executive departments of the City of South Bend for the calendar year 2023. Since the enactment of Ordinance No. 10894-22, the City's executive has determined that it is appropriate and necessary to amend the list of non-bargaining City positions and their maximum salaries approved under Ordinance No. 10894-22. Specifically, this ordinance establishes one new full-time position (City Attorney) and increases the salary caps for two existing full-time positions (Executive Director of Human Rights and Diversity Compliance/Inclusion Officer), as reflected in the amended list attached to this ordinance as Exhibit A. NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10894-22 is hereby amended to include the non-bargaining positions and maximum salaries set forth in Exhibit A attached hereto. The positions affected by this ordinance are highlighted for ease of identification. SECTION II. All other portions and sections of Ordinance No. 10894-22 are unaffected by this amendment and are reconfirmed. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2023, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m James Mueller, Mayor City of South Bend, Indiana II+.,! - rffi,.7;e I 1 DAWN M.JONES CITY CLERK. SOUTH BEND,IN Exhibit A to Amended 2023 Nonbargaining Salary Ordinance City of South Bend,Indiana Salary Cap Increase Amended 2023 Nonbargaining Salary Ordinance Schedule Increase Maximum Salaries 1 3.0% 1 2019 2020 2021 2022 2023 Job Title Status Salary Cap Salary Cap Salary Cap Salary Cap Salary Cap %increase 311 Customer Service Liaison Full Time 45,610 46,522 46,662 47,829 49,264 3.00% 311 Customer Service Liaison II Full Time 47,397 48,345 48,490 __ 49,702 52,684 6.00% Accounting Assistant Full Time 44,500 45,390 45,526 i 46,664 48,064 3.00% Accounting Clerk IV Full Time 34,675 35,369 35,475, 36,362 37,453 3.00% Accounts Payable Administrator Full Time 36,466 37,195 37,307, 38,240 39,387 3.00% Administrative Assistant I Full Time 41,336 42,163 42,289 43,346 44,646 3.00% Administrative Assistant II Full Time 42,558 43,409 43,539_ 44,627 45,966 3.00% Animal Welfare Assistant Full Time 35,899 36,617 36,727 37,645 38,774 3.00% Animal Welfare Officer Full Time 36,167 36,890 37,001 I 37,926 40,000 5.47% Applications Developer I Full Time 56,896 59,741 59,920 _ 68,788 70,852 3.00% Applications Developer II Full Time new title 74,492 76,727 3.00% Assistant City Attorney Full Time 89,284 91,070 91,343 93,627 96,436 3.00% Assistant City Attorney/ClaimsAdjuster Full Time 78,697 80,271 80,512 _ 82,525 85,001 3.00% Assistant City Engineer Full Time 85,568 87,279 87,541, 89,730 95,114 6.00% Assistant Director of Applications Full Time 68,931 70,310 70,521 _ 85,302 87,861 3.00% Assistant Director of Communication Center Full Time 56,308 57,434 57,606 _ 59,046 60,817 3.00% Assistant Director of Distribution Full Time 53,490 54,560 54,724 56,092 57,775 3.00% Assistant Director of Growth&Opportunity(formerly Assistant Director of E Full Time new 75,327 77,210 79,526 3.00% Assistant Director of Recreation Full Time 60,724 61,938 62,124 1 63,677 65,587 300% Assistant Director of SCADA Information Systems Full Time 68,931 70,310 70,521 72,284 74,453 3.00% Assistant Director of Ticket Sales&Strategy(formerly Manager-Assistant Full Time 39,453 40,242 40,363 41,372 52,000 2569% Assistant Manager-Customer Service Full Time 48,379 49,347 49,495' 50,732 52,254 3.00% Budget Analyst-Senior Full Time 64,945 66,244 66,443 68,104 70,147 3.00% Building and Code Inspector Full Time 51,893 52,931 53,090 i 54,417 56,050 3.00% Building Commissioner Full Time 93,770 95,645 95,932 I84,161 86,686 3.00% Building Inspector Full Time 49,637 50,630 50,782 52,052 53,614 3.00% Business&Resource Specialist Full Time new 65,000 66,625 68,624 3.00% Business Analyst Full Time 54,100 55,182 55,348 _ 56,732 60,136 6.00% Business Analyst-Senior Full Time title change 59,000 59,17760,656 65,508 8.00% Business Development Specialist Full Time 57,192 58,336 58,511 ' 59,974 61,773 3.00% Chemist Full Time 51,549 52,580 52,738 54,056 55,678 3.00% Chemist Lead Full Time 54,833 55,930 56,098 57,500 59,225 3.00% Chief Building Inspector Full Time 60,724 61,938 62,124'_ 63,677 65,587 3.00% Chief Code Inspector Full Time 60,724 61,938 62,124 i 63,677 65,587 3.00% Chief Community Officer(formerly Director of Community Initiatives) Full Time new 88,500 88,766,_ 90,985 93,715 3.00% Chief Development Officer Full Time new title 106,804 100.00% Chief Innovation Officer Full Time 106,423 108,551 108,877 118,676 122,236 3.00% Chief Neigborhoods Officer Full Time 83,432 95,645 95,932'._ 98,330 101,280 3.00% Chief of Park Operations(formerly Director of Facilities&Grounds) Full Time 75,000 76,500 76,730 195,000 13.10% Chief of Staff to the Mayor Full Time 78,858 98,500 98,796 101,266 104,304 3.00% Chief Planner Full Time 80,651 82,264 82,511 , __ 97,851 100,787 3.00% ChiefTechno/ yOfficer Full Time 106,423 108,551 108,877 111,599 114,947 3.00% 11111111111111111111111111.1111111.11. 1111.11111.11 City Clerk Secretary Full Time 34,764 35,459 35,565 36,454 37,548 3.00% City Controller Full Time 121,904 124,342 124,715 127,833 131,668 3.00% City Engineer Full Time 106,423 108,551 108,877 111,599 121,643 9.00% Club Pro Municipal Golf Course Full Time 52,235 53,280 53,440 54,776 56,419 3.00% Code Inspector Full Time 42,529 43,380 43,510 44,598 45,936 3.00% CodeInspector-Senior Full Time 45,190 46,094 46,232 47,388 48,810 3.00% Commercial Combination Inspector Full Time 52,119 53,161 53,320 54,653 56,293 3.00% Communication Specialist I Full Time 37,726 38,481 38,596 39,561 40,748 3.00% Communication Specialist II Full Time 46,735 47,670 47,813 49,008 50,478 3.00% Communication Specialist Ill Full Time 48,426 49,395 49,543 50,782 52,305 3.00% Contract Compliance Administrator Full Time new 57,000 57,171 58,600 62,994 7.50% Corporation Counsel Full Time 127,126 129,669 130,058 133,309 137,308 3.00% Court Liaison Full Time 36,317 37,043 37,154 38,083 39,225 3.00% Crime Analyst Full Time 39,782 40,578 40,700 41,718 42,970 3.00% Crime Resource Specialist Full Time new 50,000 51,250 52,788 3.00% Custodian Full Time 25,982 30,000 30,090 32,000 32,960 3.00% Data Entry/Alarms Coordinator Full Time 33,091 33,753 33,854 34,700 35,741 3.00% Data Entry Specialist Full Time 38,494 39,264 39,382 40,367 41,578 3.00% Data Entry Specialist II Full Time 32,465 33,114 33,213 34,043 35,064 3.00% Departmental System Specialist Full Time 49,637 50,630 50,782 52,052 53,614 3.00% Deputy Building Commissioner Full Time 67,049 68,390 68,595 70,310 72,419 3.00% Deputy Chief of Staff to the Mayor Full Time 74,914 76,412 76,641 78,557 80,914 3.00% Deputy Chief Technology Officer Full Time 84,660 86,353 86,612 88,777 91,440 3.00% Deputy City Controller Full Time 99,367 101,354 101,658 104,199 110,451 6.00% Deputy Director of Community Investment Full Time new 103,691 110,451 6.52% Deputy Director of Human Resources Full Time 78,030 79,591 79,830 89,000 91,670 3.00% Deputy Director of Public Works Full Time 99,367 101,354 101,658 104,199 110,451 6.00% Deputy Director of Venues,Parks&Arts Full Time 99,367 101,354 101,658 104,199 110,451 6.00% Design Specialist Full Time title change 58,033 58,207 59,662 64,435 8.00% Digital(Forensic)Lab Technician Full Time 56,100 57,222 57,394 58,829 60,594 3.00% Digital Communications&Multimedia Training Coordinator Full Time 56,182 57,306 57,478 58,915 60,682 3.00% Director-Environmental Compliance(formerly Manager-Environmental C Full Time 71,776 73,212 73,432 75,268 82,126 9.11% Director-Wastewater Utility(formerly Director of Utilities) Full Time 97,419 99,367 99,665 102,157 98,671 -3.41% Director-Water Operations(formerly Manager-Operations) Full Time 71,394 72,822 73,040 74,866 82,126 9.70% Director-Water Utility(formerly Assistant Director of Utilities) Full Time 86,489 88,219 88,484 90,696 98,671 8.79% Director of 311 Customer Service Full Time 76,407 77,935 78,169 80,123 82,527 3.00% Director of Applications Full Time 76,407 80,227 80,468 89,078 91,750 3.00% Director of Booking&Event Services Full Time 61,194 62,418 62,605 64,170 66,095 3.00% Director of Business Analytics Full Time 76,407 77,935 78,169 80,123 84,930 6.00% Director of Central Services Full Time 99,367 101,354 101,658 94,500 97,335 3.00% Director of City Finance Full Time new title 85,152 97,000 13.91% Director of Civic Innovation Full Time 76,407 77,935 78,169 80,123 82,527 3.00% Director of Civilian Services Full Time 62,424 63,672 63,863 65,460 67,424 3.00% Director of Communication Center Full Time 66,796 68,132 68,336 70,044 72,145 3.00% Page 1 Exhibit A to Amended 2023 Nonbargaining Salary Ordinance City of South Bend,Indiana Salary Cap Increase Amended 2023 Nonbargaining Salary Ordinance Schedule Increase Maximum Salaries I 3.0% 2019 2020 2021 2022 2023 Job Title Status Salary Cap Salary Cap Salary Cap Salary Cap Salary Cap %increase Director of Communications Full Time 67,018 68,358 68,563 70,277 72,385 3.00% Director of Communications&Radio Full Time 60,120 61,322 61,506 63,044 64,935 3.00%. Director of Community Outreach Full Time 65,704 67,018 67,219 68,899 70,966 3.00% Director of Community Police Review Office Full Time new 65,000 66,625 68,624 3.00% Director of CSO Project Management Full Time 85,172 86,875 87,136 89,314 91,993 3.00% Director of Customer Service&Billing Office Full Time 75,641 77,154 77,385 79,320 82,126 3.54% Director of Department Finance Full Time 67,885 69,243 69,451 77,012 79,322 3.00%I Director of Development-Venues,Parks&Arts Full Time 57,222 58,366 58,541 60,005 61,805 3.00%' Director of Distnbution Full Time reinstated 80,000 80,240 82,246 85,444 3.89% Director of Engagement&Economic Empowerment Full Time 80,651 82,264 82,511 84,574 87,111 3.00%' Director of Equipment Services Full Time 75,000 76,500 76,730 78,648 81,007 3.00% Director of Experience(VPA) Full Time 65,000 66,300 66,499 68,161 70,206 3.00% Director of Facilities Management Full Time 67,350 68,697 68,903 70,626 72,745 3.00% Director of Financial Services(Park Administration) Full Time 67,885 69,243 69,451 title change Director of Financial Services(Water Utility) Full Time 67,885 69,243 69,451 title change Director of Growth&Opportunity Full Time 80,651 82,264 82,511 84,574 87,111 3.00% Director of Human Resources Full Time 91,898 93,736 94,017 96,367 99,258 3.00%' Director of Infrastructure Full Time 76,407 77,935 78,169 80,123 82,527 3.00%I Director of Marketing-Public Works Full Time 67,018 68,358 68,563 70,277 72,385 3.00% Director of Marketing&Promotions Full Time 58,030 59,191 59,369 60,853 62,679 3.00% Director of Neighborhood Health&Housing Full Time 80,651 82,264 82,511 84,574 87,111 3.00% Director of Neighborhood Services&Enforcement Full Time 78,030 81,932 82,178 84,232 86,759 3.00% Director of Office of Sustainability Full Time 83,620 85,292 85,548 87,687 90,318 3.00% Director of Operations-Venues Full Time 91,800 93,636 93,917 96,265 99,153 3.00% Director of Operations-Wastewater(formerly Manager-Operations) Full Time 71,394 72,822 73,040 74,866 85,444 14.13%' Director of Public Works Full Time 121,904 124,342 124,715 127,833 131,668 3.00% Director of Purchasing Full Time 81,600 83,232 83,482 85,569 90,000 518% Director of Purchasing&Logistics(Police Dept) Full Time 70,000 71,400 71,614 73,404 75,606 3.00%' Director of Recreation Full Time 75,452 76,961 75,000 76,875 79,181 3.00% Director of Redevelopment Engineering Full Time 101,167 103,190 103,500 106,088 109,271 3.00% Director of Redevelopment Finance Full Time 73,440 74,909 75,134 title change Director of SCADA Information Systems Full Time 79,494 81,084 81,327 83,360 85,861 3.00%'' Director of Services Full Time 76,407 77,935 78,169 80,123 82,527 3.00%I Director of Solid Waste Full Time 73,140 74,603 74,827 76,698 78,999 3.00% Director of Streets&Sewers Full Time 86,489 88,219 88,484 90,696 93,417 3.00% Director of Ticket Sales&Strategy(formerly Director of Box Office&Event Full Time 64,000 65,280 65,476 67,113 69,126 3.00% Director of Treasury Full Time 77,681 79,235 79,473 85,569 97,000 13.36% Director of Wastewater Maintenance Full Time 74,285 75,771 75,998 77,898 82,126 5.43% Director of Water Quality&Laboratory Full Time 74,285 75,771 75,998 77,898 82,126 543% Distribution Records Drafter Full Time 43,096 title change Distribution System Specialist Full Time 70,039 71,440 71,654 73,445 75,648 3.00%I Diversity Compliance/Inclusion Officer Full Time 79,591 81,183 81,427 83,463 95,000 13.82% Engagement Specialist Full Time 57,192 58,336 58,511 59,974 61,773 3.00%1 Equity Arts Coordinator Full Time new title 60,000 100.00% Event Service Technician II Full Time 32,613 33,265 33,365 34,199 35,225 3.00% Evidence Technician Full Time 42,459 43,308 43,438 44,524 45,860 3.00%' Executive Administrative Assistant Full Time 42,987 43,847 43,979 45,078 46,430 3.00%' Executive Assistant Full Time 55,740 56,855 57,026 58,452 60,206 3.00% Executive Assistant and Director of Special Projects Full Time 55,251 56,356 56,525 57,938 59,676 3.00% Executive Director of Community Investment Full Time 106,423 108,551 108,877 118,676 122,236 3.00% Executive Director of Human Rights(formerly Director of Human Rights) Full Time 72,828 74,285 74,508 76,371 92,500 21.12% Executive Director Venues,Parks&Arts Full Time 119,646 122,039 122,405 125,465 129,229 3.00% Financial Specialist I Full Time 36,466 37,195 37,307 38,240 39,387 3.00%I Financial Specialist II Full Time 39,782 40,578 40,700 41,718 42,970 3.00% Financial Specialist Ill Full Time 44,500 45,390 45,526 46,664 48,064 3.00%I Financial Specialist IV Full Time 49,277 50,263 50,414 51,674 53,224 3.00%' Financial Specialist Senior Full Time 56,356 57,483 57,655 59,096 60,869 3.00% Fingerprint/Photo Technician Full Time 38,557 39,328 39,446 40,432 41,645 3.00% Firearms IBIS/NIBIN Tech Full Time 45,900 46,818 46,958 48,132 49,576 3.00% Foreman IV Full Time 49,827 50,824 50,976 52,250 53,818 3.00% Foreman V Full Time 49,827 50,824 50,976 52,250 53,818 3.00% Forensic Lab Tech Full Time 61,200 62,424 62,611 64,176 66,101 3.00%' Forensic Scientist/Firearm&Tool Mark Examiner Full Time 74,460 75,949 76,177 78,081 80,423 3.00%1 Forensic Scientist/Firearm&Tool Mark Examiner Trainee Full Time 61,200 62,424 62,611 64,176 66,101 3.00% General Manager-Golf Courses(formerly Director of Golf Operations) Full Time 65,466 66,775 66,975 68,649 78,797 14.78% General Manager-Venues Full Time 100,470 102,479 102,786 105,356 108,517 3.00% GIS Manager Full Time 64,361 65,648 65,845 67,491 69,516 3.00%I GIS Specialist-Senior Full Time 52,116 53,158 53,317 54,650 56,290 3.00% Grants Administrator Full Time 62,898 64,156 64,348 65,957 67,936 3.00% Graphic Designer Full Time 49,827 50,824 50,976 52,250 53,818 3.00% Greenskeeper Full Time 47,278 48,224 48,369 49,578 51,065 3.00% Hearing Secretary Full Time 41,062 41,883 42,009 43,059 44,351 3.00% Historic Preservation Administrator Full Time 57,192 58,336 58,511 59,974 61,773 3.00% Historic Preservation Specialist Full Time 42,840 43,697 43,828 53,341 54,941 3.00% Horticulturist Tech Full Time 49,827 50,824 50,976 52,250 53,818 3.00%. Housing Counselor Full Time 67,049 68,390 68,595 70,310 72,419 3.00% Human Resource Generalist-Senior Full Time 63,672 67,492 67,694 69,386 71,468 3.00% Human Resources Generalist(formerly Human Resources Specialist IV) Full Time 49,278 50,264 50,415 51,675 53,225 3.00% Human Resources Generalist/Benefits Coordinator Full Time 42,448 43,297 43,427 44,513 45,848 3.00% Human Resources Specialist III Full Time new title 48,500 49,955 3.00% HVAC Technician Full Time 49,827 50,824 50,976 52,250 53,818 3.00% Industrial Pretreatment Specialist I Full Time 54,864 55,961 56,129 57,532 59,258 3.00%I Intake Officer/Investigator Full Time 36,347 37,074 37,185 38,115 39,258 3.00% Internal Auditor Full Time 62,808 64,064 64,256 65,862 67,838 3.00% Inventory Control Technician II Full Time 38,288 39,054 39,171 40,150 41,355 3.00%1 Investigator II Full Time 41,663 42,496 42,623 43,689 45,000 3.00%' Investigator III Full Time 44,321 45,207 45,343 46,477 47,871 3.00% Page 2 Exhibit A to Amended 2023 Nonbargaining Salary Ordinance City of South Bend,Indiana Salary Cap Increase Amended 2023 Nonbargaining Salary Ordinance ScheduleIncrease Maximum Salaries I 3.0% I 2019 2020 2021 2022 2023 Job Title Status Salary Cap Salary Cap Salary Cap Salary Cap Salary Cap %increase Investigator IV Full Time 46,979 47,919 48,063 49,265 50,743 3.00%' Investigator V Full Time 49,278 50,264 50,415 51,675 53,225 3.00% Investigator VI Full Time 50,502 51,512 51,667 52,959 54,548 3.00%. Laboratory Technician Full Time 34,764 35,459 35,565 36,454 37,548 300% Latent Fingerprint Examiner Full Time 56,100 57,222 57,394 58,829 60,594 3.00% License Clerk Full Time 39,782 40,578 40,700 41,718 42,970 3.00% Licensing&Registration Administrator Full Time 53,623 54,695 54,859 56,230 57,917 3.00% Locator Full Time 43,903 44,781 44,915 46,038 47,419 3.00% Logistics Specialist Full Time new 40,578 40,700 41,718 42,970 3.00% Maintenance Foreman 11 Full Time 39,304 40,090 40,210 41,215 42,451 3.00%, Maintenance Technician Full Time 51,000 52,020 52,176 53,480 55,084 3.00% Manager-Animal Resource Center Full Time 52,444 56,377 56,546 57,960 63,000 8.70% Manager-Aquatics Full Time new 56,000 57,400 59,122 300% Manager-Assistant Animal Resource Center Full Time 44,163 45,046 45,181 46,311 50,000 7.97%I Manager-Assistant Facility Operations Full Time 37,063 37,804 37,917 38,865 40,031 3.00%I Manager-Athletics Full Time 49,827 50,824 56,000 57,400 59,122 3.00% Manager-Benefits Full Time 60,655 61,868 62,054 63,605 65,513 3.00% Manager-Billing and Customer Accounts Full Time 58,566 59,737 59,916 61,414 63,256 3.00% Manager-Business Development Full Time 67,049 68,390 68,595 70,310 72,419 3.00% Manager-Center Full Time 55,000 56,100 56,000 57,400 59,122 3.00% Manager-Cross Connection&Water Loss Full Time new title 69,765 71,858 3.00% Manager-CSO Operations Full Time 63,017 64,277 64,470 66,082 68,064 3.00% Manager-Customer Service Full Time 56,500 57,630 57,803 59,248 61,025 3.00% Manager-Data&GIS Full Time 68,931 70,310 70,521 72,284 74,453 3.00% Manager-Employee Safety Full Time 62,661 63,914 64,106 65,709 67,680 3.00% Manager-Employment(Human Rights) Full Time 54,465 67,565 63,000 64,575 66,512 3.00% Manager-Events Full Time 49,827 50,824 50,976 52,250 53,818 3.00% Manager-Facilities Full Time 64,033 65,314 65,510 67,148 69,162 3.00% Manager-Facility Operations Full Time 52,444 53,493 53,653 54,994 56,644 3.00% Manager-Facility Operations(MPAC) Full Time 61,194 62,418 62,605 64,170 66,095 3.00% Manager-Housing(Human Rights) Full Time 54,465 67,565 63,000 64,575 66,512 3.00% Manager-Inclusion Project Full Time 52,000 57,000 57,171 58,600 65,023 10.96% Manager-Industrial Pretreatment Full Time 62,612 63,864 64,056 65,657 67,627 3.00%I Manager-Infrastructure Full Time 68,931 70,310 70,521 72,284 74,453 3.00% Manager-Interactive Marketing Full Time 49,827 50,824 50,976 52,250 53,818 3.00% Manager-Maintenance Full Time 66,856 68,193 68,398 70,108 72,211 3.00%1 Manager-Maintenance(MPAC) Full Time 61,195 62,419 62,606 64,171 66,096 3.00% Manager-Marketing Full Time 58,030 59,191 59,369 60,853 62,679 3.00% Manager-Meter Service Full Time 66,855 68,192 68,397 70,107 72,210 3.00% Manager-Neighborhood Grants Full Time 67,049 68,390 68,595 70,310 72,419 3.00% Manager-Office Full Time 38,019 38,779 38,895 39,867 41,063 300% Manager-Operations Full Time 71,394 72,822 73,040 74,866 77,112 3.00% Manager-Operations-AmeriCorps Full Time 40,800 46,000 46,138 47,291 48,710 3.00% Manager-Operations-Distribution Full Time 68,042 69,403 69,611 71,351 73,492 3.00% Manager-Operations-Forester Full Time 64,033 65,314 65,510 67,148 69,162 3.00% Manager-Park Grounds Manager Full Time 64,033 65,314 65,510 67,148 69,162 3.00% Manager-Permits Full Time 50,414 51,422 51,576 52,865 54,451 3.00% Manager-Print Shop Full Time 49,010 49,990 50,140 51,394 52,936 3.00% Manager-Production Full Time 49,827 50,824 50,976 52,250 53,818 3.00% Manager-Property&Evidence Full Time 44,737 45,632 45,769 46,913 48,320 3.00% Manager-Property Development Full Time 67,049 68,390 68,595 70,310 72,419 300% Manager-Public Construction Full Time 69,080 70,462 70,673 72,440 74,613 3.00% Manager-Purchasing Full Time 68,931 70,310 70,521 72,284 74,453 3.00% Manager-Records Bureau Full Time 38,889 39,667 39,786 40,781 42,004 3.00% Manager-Service Contracts&General Supplies Full Time 61,200 62,424 62,611 64,176 66,101 3.00% Manager-Service Line Repair Full Time 66,855 68,192 68,397 70,107 72,210 3.00%, Manager-Services Full Time 61,703 62,937 63,126 64,704 66,645 3.00% Manager-Sewer Operations Full Time 68,931 70,310 70,521 72,284 74,453 3.00% Manager-Solid Waste Operations Full Time 64,272 65,557 65,754 67,398 69,420 3.00% Manager-Special Events Full Time 58,030 59,191 59,369 60,853 62,679 3.00% Manager-Streets Full Time 68,042 69,403 69,611 71,351 73,492 3.00% Manager-Traffic&Lighting Full Time 68,042 69,403 69,611 71,351 73,492 3.00% Manager-Utility Purchasing&Storeroom Full Time 54,121 55,203 55,369 56,753 58,456 3.00% Manager-Water Distribution Services&Records Full Time title change 52,000 52,156 53,460 65,000 21.59% Manager-Wireless Construction Full Time 67,320 68,666 68,872 70,594 72,712 3.00% Manager-Youth Employment Full Time new 50,824 56,000 57,400 59,122 3.00%I Naturalist Full Time 37,810 38,566 eliminated Neighborhood Grant Specialist Full Time new 53,341 54,941 300% Neighborhood Program Specialist Full Time 51,117 52,139 52,295 60,000 61,800 3.00% Neighborhood Program Specialist-Lead Full Time new 53,000 60,000 61,800 300%' Network Engineer Full Time 64,665 65,958 66,156 67,810 69,844 3.00% Non Bargaining Maximum Hourly Rate(excluding above) Part Time 30.92 31.54 31.63 32.42 33.39 3.00% Operations Analyst(Code) Full Time 58,366 59,533 59,712 61,205 63,041 3.00% Ordinance Violation Bureau Clerk Full Time 45,910 47,845 47,992 49,192 50,668 3.00% OVP Program Manager Full Time new 50,000 50,150 51,404 52,946 3.00% Paralegal Full Time 55,740 56,855 57,026 58,452 60,206 300% Permitting&Licensing Compliance Specialist Full Time new 50,782 52,052 53,614 3.00% Police Crime Intelligence Analyst-Senior Full Time new title 65,000 100.00% Police Crime Intelligence Analyst I Full Time 50,000 51,000 51,153 52,432 48,000 -8.45% Police Crime Intelligence Analyst II Full Time 50,000 58,000 58,174 59,628 61,417 3.00%, Preventative Maintenance Coordinator Full Time 42,977 43,837 43,969 45,068 46,420 3.00% Preventative Maintenance Coordinator II Full Time new title 47,000 48,410 3.00% Principal Planner Full Time 67,049 68,390 68,595 70,310 72,419 300% Print Shop Technician Full Time 40,259 41,064 41,187 42,217 43,484 3.00%, Program Coordinator Full Time 49,827 50,824 50,976 52,250 53,818 3.00%I Program Coordinator-Recreation Full Time new 42,000 43,050 44,342 3.00%' Programmer Analyst I Full Time 47,845 48,802 48,948 50,172 51,677 3.00% Page 3 Exhibit A to Amended 2023 Nonbargaining Salary Ordinance City of South Bend,Indiana Salary Cap Increase Amended 2023 Nonbargaining Salary Ordinance Schedule Increase Maximum Salaries p 3.0% 2019 2020 2021 2022 2023 Job Title Status Salary Cap Salary Cap Salary Cap Salary Cap Salary Cap %increase Programmer Analyst II Full Time 49,906 50,904 51,057 52,333 53,903 3.00% Project Engineer(formerly Engineer I) Full Time 69,276 70,662 70,874 72,646 74,825 3.00% Project Inspector Full Time 55,279 56,385 56,554 57,968 59,707 3.00% Project Manager Full Time 55,432 56,541 56,711 58,129 59,873 3.00% Project Manager-Engagement&Economic Empowerment Full Time 57,192 58,336 58,511 57,845 59,580 3.00% Project Manager-Part Time Part Time 40,058 40,859 40,982 42,007 43,267 3.00% Project Manager-Sustainability Full Time 56,100 57,222 57,394 57,845 59,580 3.00% Property Development Analyst Full Time 57,192 58,336 58,511 59,974 61,773 3.00% Property Inspector Full Time 57,192 58,336 58,511 59,974 61,773 3.00% Property/Evidence Custodian-Senior Full Time 37,333 38,080 38,194 39,149 40,323 3.00% Public Access Coordinator Full Time 37,585 38,337 38,452 39,413 40,595 3.00% Public Relations Specialist Full Time 46,321 47,247 47,389 48,574 50,031 3.00% Public Service Officer Full Time 34,333 35,020 35,125 36,003 37,083 3.00% Quality Assurance Distnbution Technician Full Time 43,485 44,355 44,488 45,600 46,968 3.00% Radio Equipment Installation Technician Full Time 45,000 45,900 46,038 47,189 48,605 3.00% Radio Technician 1 Full Time 49,458 50,447 50,598 51,863 53,419 3.00% Radio Technician II Full Time 51,070 52,091 52,247 53,553 55,160 3.00% Radio Technician Ill Full Time 54,924 56,022 56,190 57,595 59,323 3.00% Records Specialist Full Time 36,285 37,011 37,122 38,050 39,192 3.00% Records Supervisor Full Time 55,000 56,100 56,268 57,675 59,405 3.00% Residential Combination Inspector Full Time 49,637 50,630 50,782 52,052 53,614 3.00% SCADA Instrument Specialist Full Time 58,149 59,312 59,490 60,977 62,806 3.00% Secretary III Full Time 31,091 31,713 31,808 32,603 33,581 3.00% Secretary IV Full Time 33,001 33,661 33,762 34,606 35,644 3.00% Secretary V Full Time 34,764 35,459 35,565 36,454 37,548 3.00% Security Guard Full Time 37,740 38,495 38,610 39,575 40,762 3.00% Senior Engineer(formerly Engineer 11) Full Time 75,441 76,950 77,181 79,111 81,484 3.00% Senior Planner Full Time 61,793 63,029 63,218 64,798 66,742 3.00% Senior Purchasing Agent Full Time 51,000 52,020 52,176 53,480 55,084 3.00% Shift Lead Full Time 44,290 45,176 45,312 46,445 47,838 3.00% Site Acquisition Specialist Full Time 68,340 69,707 69,916 71,664 73,814 3.00% Special Events Assistant Full Time 42,081 42,923 43,052 44,128 45,452 3.00% Specialist of Infrastructure Full Time 56,896 58,034 58,208 59,663 61,453 3.00% Specialist of Services Full Time 56,896 58,034 58,208 59,663 61,453 3.00% Staff Accountant(formerly Director of Accounting and Budget) Full Time 76,158 77,681 77,914 85,569 65,000 -24.04% Stock Room&Safety Coordinator Full Time 51,608 52,640 52,798 54,118 55,742 3.00% Superintendent II Full Time 51,817 52,853 53,012 54,337 55,967 3.00% Superintendent Ill Full Time 53,490 54,560 54,724 56,092 57,775 3.00% Superintendent IV Full Time 56,308 57,434 57,606 59,046 60,817 3.00% Supenntendent V Full Time 58,716 59,890 60,070 61,572 63,419 3.00% Supervisor-311 Customer Service Full Time 50,081 51,083 51,236 52,517 57,244 9.00% Supervisor-Accounts Payable Full Time 50,026 51,027 51,180 54,763 56,406 3.00% Supervisor-Administrative Assistant Full Time 38,091 38,853 eliminated Supervisor-Assistant Program Full Time 36,735 37,470 eliminated Supervisor-Communication I Full Time 51,804 52,840 52,999 54,324 55,954 3.00% Supervisor-Communication ll Full Time 53,493 54,563 54,727 56,095 57,778 3.00% Supervisor-Crime Laboratory Full Time 70,380 71,788 72,003 73,803 76,017 3.00% Supervisor-Fitness Full Time 46,352 47,279 eliminated Supervisor-Fitness/Wellness Full Time 36,845 37,582 37,695 38,637 39,796 3.00% Supervisor-Maintenance Mechanic Full Time 58,716 59,890 60,070 61,572 63,419 3.00% Supervisor-Operations Full Time 61,195 62,419 62,606 64,171 66,096 3.00% Supervisor-Park Ranger Full Time 49,009 49,989 50,139 51,392 52,934 3.00% Supervisor-Payroll Full Time 51,000 56,100 56,268 57,675 63,605 10.28% Supervisor-Program Full Time 49,827 50,824 eliminated Supervisor-Rum Village Park Full Time 42,918 43,776 eliminated Supervisor-Shelter Operations Full Time 37,662 38,415 38,530 39,493 40,678 3.00% Supervisor-Signal Full Time 58,149 59,312 59,490 60,977 62,806 3.00% Supervisor-Special Events Full Time 49,827 50,824 50,976 52,250 53,818 3.00% Supervisor-Youth Full Time 46,352 47,279 47,421 48,607 50,065 300% System Specialist I Full Time 47,861 48,818 48,964 50,188 51,694 3.00% System Specialist II Full Time 56895 58,033 58,207 59,662 61,452 3.00% System Specialist Ill Full Time 61,703 62,937 63,126 64,704 66,645 3.00% System Specialist IV Full Time 68,931 70,310 70,521 72,284 74,453 3.00% Technology Equity Manager Full Time new title 66,322 100.00% Utilities System Specialist Full Time 57,463 58,612 58,788 60,258 62,066 3.00% Utility Safety Officer(formerly Director of Utility Safety) Full Time 56,774 57,909 58,083 59,535 61,321 3.00% Violence Prevention Coordinator ll Full Time 41,125 41,948 42,074 43,126 44,420 3.00% Volunteer Coordinator Full Time 49,827 50,824 50,976 52,250 53,818 3.00% Water Asset Specialist(formerly Engineer Aide IV) Full Time 43,096 43,958 44,090 45,192 54,800 21.26% Water Quality Specialist Full Time 59,762 60,957 61,140 62,669 64,549 3.00% Worker's Compensation Specialist Full Time 37,885 38,643 38,759 39,728 40,920 3.00% Workforce Development Coordinator Full Time new title 69,967 100.00% Zoning Administrator Full Time 67,049 68,390 68,595 70,310 72,419 3.00% Zoning Specialist Full Time 57,192 58,336 58,511 59,974 61,773 3.00% Part-Time Positions Receiving Benefits City Attorney Part Time 67,708 69,062 69,269 71,001 73,131 3.00% Other Part Time Positions City Engineer(hourly rate) Part Time 41.18 42.00 42.13 43.18 44.48 3.00% Non Bargaining Maximum Hourly Rate(excluding above) Part Time 30.92 31.54 31.63 32.42 33.39 3.00% City Minimum Wage for All Positions City Minimum Wage All Positions 10.10 10 10 F I /Drib•" 12.40,1 1?ffI(3130 0.00% FEB 21 10?) Page 4 DAWN M.JONES i CITY CLERK, SOUTH BEND, IN 1200N COUNTY-CITY BUILD! G 227 W. JEFFERSO BLVD. SOUTH BEND, INDIANA 46601-1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND, IN JAMES MUELLER, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE February 22, 2023 Sharon McBride, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 4660 I RE: QI 2023 Budget Transfer Ordinance Dear President McBride, FE8 2 2 2023 DAWN M. JONES CITY CLERK, SOUTH BEND, IN During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff, and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2023, we plan to propose adjustments during four time periods-March, June, October and December. Based on our budget review, we are submitting the enclosed budget transfer ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and Council meetings. It is requested that this bill be filed for I st reading on February 27, 2023, with 2nd reading, public hearing and 3rd reading scheduled for March 13, 2023. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-9822. Regards, Kyle Willis City Controller BILL NO. 09-23 BILL NO. 09-23 FEC 2 :.',.:1 I.______` j ORDINANCE NO. DAWN M.JONES CITY CLEHK. SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2023 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing City budget,under Ordinance No. 10883-22 on October 10, 2022, which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2023. NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2023, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m James Mueller, Mayor City of South Bend, Indiana Fit ,•rffice FEb 2 2 s:'3 I DAWN M.JONES CITY CLERK, SOUTH BEND, IN City of South Bend, Indiana Q1 2023 Budget Adjustments- Budget Transfers budgettransfers between different cost categories( i. e. personnel, supplies, services, capital) and/ or different departments/ divisions within the same fund) Budget AccountItFund Department Division Account Adjustment 201-11-201-201-422000-- Parks&Recreation Venues Parks& Arts Park Maintenance Supplies- Operating- Other Operating Supplies 200, 000) 201-11-201-201-431019— Parks&Recreation Venues Parks& Arts Park Maintenance Services& Charges- Professional- Security Services 200, 000 Rationale: Correctionof inadvertent budget classification error in 2023 adopted budget. Grand Total 1200N COUNTY-CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 PHONE 574.235.92 I 6 FAX 574.235.9928 CITY OF SOUTH BEND, IN JAMES MUELLER, MAYOR DEPARTMENT OF ADMINISTRATION FINANCE March 9, 2023 Sharon McBride, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: Ql 2023 Additional Appropriation Ordinance -Substitute Bill 10-23 Dear President McBride, Filed in Clerk's Office[ MA� U 9 ;;231 DAWN M. J6NES CITY CLERK, SOUTH BEND, I During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff, and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2023, we submitted an additional appropriation ordinance which received first reading by the Council on February 27, 2023 as Bill No. 10-23. Based on our further budget review, we are submitting a substitute version of Bill No. 10-23 for your consideration. The original bill did not include within the detail sheet an appropriation of $250,000 for new housing construction grants which has now been inserted. The remaining $250,000 that was contemplated for appropriation did not materialize. I will present this Substitute bill to the Common Council at the appropriate committee and Council meetings scheduled for March 13, 2023. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-9822. Regards, Xf t-1JR· Kyle Willis City Controller SUBSTITUTE BILL NO. 10-23 SUBSTITUTE BILL NO. 10-23 ORDINANCE NO. 10923-23 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS FOR THE YEAR 2023 OF $479,545 FROM THE GENERAL FUND (#101), $255,785 FROM THE PARKS AND RECREATION FUND (#201), 15,000 FROM THE GIFT, DONATION,AND BEQUEST FUND (#217), $449,000 FROM THE LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220), $80,000 FROM THE CENTRAL SERVICES FUND (#222), $41,000 FROM THE CODE ENFORCEMENT FUND (#230), $40,000 FROM THE POLICE FEDERAL DRUG ENFORCEMENT FUND 299), $34,895 FROM THE PROFESSIONAL SPORTS CONVENTION DEVELOPMENT AREA FUND (#413), $800,000 FROM THE MORRIS PERFORMING ARTS CENTER CAPITAL FUND (#416), $30,000 FROM THE 2017 PARKS BOND CAPITAL FUND (#471), 551,957 FROM THE CONSOLIDATED BUILDING FUND (#600), $5,000 FROM THE PARKING GARAGES FUND (#601), $75,000 FROM THE SOLID WASTE CAPITAL FUND (#611),AND $150,000 FROM THE SEWAGE WORKS CAPITAL FUND (#642) STATEMENT OF PURPOSE AND INTENT By Ordinance No. 10883-22, passed on October 10, 2022, the Common Council adopted the City's 2023 operating and capital budgets, which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect the provision of services to its residents which were not anticipated at the time the City budget was adopted. NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2023 and set apart within the following designated funds for expenditures as follows: Fund Fund Name Amount 101 General Fund 479,545 201 Parks & Recreation 255,785 217 Gift, Donation, Bequest 15,000 220 Law Enforcement Continuing Education 449, 000 _ 222 Central Services 80,000 230 Code Enforcement 41,000 299 Police Federal Drug Enforcement 40,000 413 Professional Sports Convention Development Area 34,895 416 Morris Performing Arts Center Capital 800,000 471 2017 Parks Bond Capital 30,000 600 Consolidated Building 551,957 601 Parking Garages 5,000 611 Solid Waste Capital 75,000 642 Sewage Works Capital 150,000 Total 3,007,182 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2023, at o'clock m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m James Mueller, Mayor City of South Bend, Indiana City of South Bend,Indiana Q1 2023 Budget Adjustments-Additional Appropriations increase or decrease in total fund expenditures) Account 4 Fund Department Division Account Budget Adjustment Unanticipated Expenses 101-02-020-020-410001— General Fund City Clerk's Office City Clerk's Office Personnel-Salaries&Wages-Salaried Wages 3,500 101-02-020-020-433001-- General Fund City Clerk's Office 41 City Clerk's Office Services&Charges-Printing&Ad-Outside Printing Services 6,200 Rationale: Increase to Director of Special Projects position;increase for printing services. 101-04-400-041-431004-- General Fund Administration&Finance Controller's Office Services&Charges-Professional-Accounting 72,500 Rationale: Professional services to assist A&F staff in preparation of 2022 financial reports. 101-04-401-043-410001-- General Fund Administration&Finance Diversity&Inclusion Personnel-Salaries&Wages-Salaried Wages 9,800 Rationale: Increase Salary Cap-Diversity Compliance/Inclusion Officer. 101-04-402-044-410001-- General Fund Administration&Finance Human Rights Personnel-Salaries&Wages-Salaried Wages 15,000 Rationale: Increase Salary Cap-Executive Director of Human Rights. 101-05-050-050410001— General Fund Legal Department Legal Department Personnel-Salaries&Wages-Salaried Wages 70,000 101-05-050-050-439003-- General Fund Legal Department Legal Department Services&Charges-Other-Subscriptions 2,712 Rationale: Establish salary cap for full-time City Attorney position;cover vacation expense;subscription increase needed to due to full staff. 201-11-201- 201-410003-- Parks&Recreation Venues Parks&Arts Park Maintenance Personnel-Salaries&Wages-Permanent Part Time 40,000 Rationale: These funds were requested during the budget process to provide outreach to nonadult park users at a variety of destination parks. The previous year saw partnerships with Goodwill,SAVE,and other community partners. This program cannot proceed without them. 230-10-103-100-4210W-- Code Enforcement Community Investment Neighborhoods Supplies-Office-Other Office Supplies 41,000 Rationale: New office cubicles. 600-10-060-060-439000 Consolidated Building Community Investment Building Department Services&Charges-Other-Mise Charges&Svcs 551,957 Rationale: Amount payable to St.Joseph County due to Building Department revenue sharing. City of South Bend,Indiana Q12023 Budget Adjustments-Additional Appropriations increase or decrease in total fund expenditures) Account it Fund Department Division Account Budget Adjustment 601-11-240-460-423006-- Parking Garages Venues Parks&Arts Parking Garages Supplies-Repair&Maint-Small Tools&Equipment 5,000 Rationale: Additional AIMS parking system equipment for greater efficiency in OVB's handling of parking tickets. 611-06-603-512-445000-- Solid Waste Capital Public Works Solid Waste Capital Outlay-Machinery&Equip-Motor Equipment 75,000 Rationale: Increased costs_for 1 ASL Dedicated CNG Unit-Mini Mac II I II Supported by Outside Revenue 217-10-101-132-439300-- Gift,Donation,Bequest Community Investment Community Investment Services&Charges-Other-Grants&Subsidies 15,000 Rationale: Urban Sustainability Directors Network Grant 220-08-080-085-422000-- Law Enforcement Continuing Police Department Police Department Supplies-Operating-Other Operating Supplies 145,000220-08-080-085-445001-- Law Enforcement Continuing Police Department Police Department Capital Outlay-Machinery&Equip-Police Equipment 304,000 Rationale: Police purcahses reimbursed by Federal or State grants. 299-08-080-088-445000-- Police Federal Drug Enforcen Police Department Police Department Capital Outlay-Machinery&Equip-Motor Equipment 40,000 Rationale: Transport vehcile for the SWAT unit to replace the existing vehicle. H I II Re-appropration of Funds for Projects 101-04-040-040-439300-- General Fund Administration&Finance General City Services&Charges-Other-Grants&Subsidies F 250,000 Rationale: Supplement ARP program funding for new housing construction grants. 101-11-206-273-436000--PRC General Fund Venues Parks&Arts Park Projects&Capital Services&Charges-Repairs&Maint-Other R&M 49,833 Rationale: Repairing and adjustng the River Lights. 201-11-201-201-445000-- Parks&Recreation Venues Parks&Arts Park Maintenance Capital Outlay-Machinery&Equip-Motor Equipment 65,000 201-11-206-273-444000--PRC Parks&Recreation Venues Parks&Arts Park Projects&Capital Capital Outlay-Impv Other Than Bldgs-Land Improvement 150,785 1 City of South Bend,Indiana Q1 2023 Budget Adjustments-Additional Appropriations increase or decrease in total fund expenditures) Account 4 Fund Department Division Account Budget Adjustment Rationale: Appropriate proceeds from 2022 Central Services Auction;ongoing Seitz Park costs. 222-04-403-457-436001-- Central Services Administration&Finance Central Services Services&Charges-Repairs&Maint-Building R&M 80,000 Rationale: Parking lot paving project. 413-11-201-202-443001—PRC Professional Sports Conventii Venues Parks&Arts Park Maintenance Capital Outlay-Buildings-Building Improvements 34,895 Rationale: The MLB required locker room renovations at Coveleski Stadium. 416-11-220- 292-443001--PRC Morris Performing Arts Cent Venues Parks&Arts Morris Performing Arts Center Capital Outlay-Buildings-Building Improvements 600,000 416-11-220- 292-443001—PRC Morris Performing Arts Cent Venues Parks&Arts Morris Performing Arts Center Capital Outlay-Buildings-Building Improvements 200,000 Rationale: MPAC theater upgrades;Morris Major Additions Design in order to complete design documents for the planned work. 471-11-206-282-444000—PRC 2017 Parks Bond Capital Venues Parks&Arts Park Projects&Capital Capital Outlay-Impv Other Than Bldgs-Land Improvement 10,000 471-11-206-286-444000--PRC2017 Parks Bond Capital Venues Parks&Arts Park Projects&Capital Capital Outlay-Impv Other Than Bldgs-Land Improvement 20,000 Rationale: Finish the planned and budgeted for projects. 642-06-605-514-445008— Sewage Works Capital Public Works Wastewater Capital Outlay-Machinery&Equip-Other Equipment 120,000 642-06-605-514-445000— Sewage Works Capital Public Works Wastewater Capital Outlay-Machinery&Equip-Motor Equipment 30,000 Rationale: Two generators and transit van. II II II Administrative Items Grand Total 3,007,182 Filed in Clerk's tic 1 U 9 2023 AMARWN M.JONESCITYCLERK,SOUTH SEND,IN 1200N COUNTY-CITY BUILDING4SOUTH PHONE 574.235.9216 227 W. JEFFERSON BLVD. ti FAX 574.235.9928 SOUTH BEND,INDIANA 46601-1 83 0 C L, PEACE ' 1865, CITY OF SOUTH BEND, IN JAMES MUELLER, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE February 22,2023 Sharon McBride,President City of South Bend Common Council E FEES e % iJ 227 W.Jefferson Boulevard,4th Floor I South Bend, Indiana 46601 DAWN M.JONES CITY CLERK. SOUTH BEND, IN RE:Q1 2023 Additional Appropriation Ordinance Dear President McBride, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff,and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2023,we plan to propose adjustments during four time periods—March,June, September and December. Based on our budget review,we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and Council meetings. It is requested that this bill be filed for 1st reading on February 27,2023,with 2nd reading,public hearing and 3rd reading scheduled for March 13,2023. Thank you for your attention to this request. If you should have any questions,please feel to contact me at 574-235-9822. Regards, Kyle Willis City Controller ffice BILL NO. 10-23 FEB ORDINANCE NO. DAWN M.JONES CITY CLERK, SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS FOR THE YEAR 2023 OF $729,545 FROM THE GENERAL FUND (#101),$255,785 FROM THE PARKS AND RECREATION FUND (#201), 15,000 FROM THE GIFT, DONATION,AND BEQUEST FUND (#217), $449,000 FROM THE LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220), $80,000 FROM THE CENTRAL SERVICES FUND (#222), $41,000 FROM THE CODE ENFORCEMENT FUND (#230), $40,000 FROM THE POLICE FEDERAL DRUG ENFORCEMENT FUND 299), $34,895 FROM THE PROFESSIONAL SPORTS CONVENTION DEVELOPMENT AREA FUND (#413), $800,000 FROM THE MORRIS PERFORMING ARTS CENTER CAPITAL FUND (#416), $30,000 FROM THE 2017 PARKS BOND CAPITAL FUND (#471), 551,957 FROM THE CONSOLIDATED BUILDING FUND (#600), $5,000 FROM THE PARKING GARAGES FUND (#601), $75,000 FROM THE SOLID WASTE CAPITAL FUND (#611), AND $150,000 FROM THE SEWAGE WORKS CAPITAL FUND (#642) STATEMENT OF PURPOSE AND INTENT By Ordinance No. 10883-22,passed on October 10, 2022, the Common Council adopted the City's 2023 operating and capital budgets, which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect the provision of services to its residents which were not anticipated at the time the City budget was adopted. NOW, THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2023 and set apart within the following designated funds for expenditures as follows: Fund Fund Name Amount 101 General Fund 729,545 201 Parks & Recreation 255,785 217 Gift, Donation, Bequest 15,000 220 Law Enforcement Continuing Education 449,000 222 Central Services 80,000 230 Code Enforcement 41,000 299 Police Federal Drug Enforcement 40,000 413 Professional Sports Convention Development Area 34,895 416 Morris Performing Arts Center Capital 800,000 471 2017 Parks Bond Capital 30,000 600 Consolidated Building 551,957 601 Parking Garages 5,000 611 Solid Waste Capital 75,000 642 Sewage Works Capital 150,000 Total 3,257,182 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2023, at o'clock m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m James Mueller, Mayor City of South Bend, Indiana ffice FEB Z`e: 1 DAWN M.JONES CITY CLERK. SOUTH BEND, IN City of South Bend,Indiana Q1 2023 Budget Adjustments-Additional Appropriations increase or decrease in total fund expenditures) Account# Fund Department Division Account Budget Adjustment Unanticipated Expenses 101-02-020-020-410001-- General Fund City Clerk's Office City Clerk's Office Personnel-Salaries&Wages-Salaried Wages 3,500 101-02-020-020433001— General Fund City Clerk's Office City Clerk's Office Services&Charges-Printing&Ad-Outside Printing Services 6,200 Rationale: Increase to Director of Special Projects position;increase for printing services. 101-04-400-041-431004— General Fund Administration&Finance Controller's Office Services&Charges-Professional-Accounting 72,500 Rationale: Professional services to assist A&F staff in preparation of 2022 financial reports. 101-04-401-043-410001— General Fund Administration&Finance Diversity&Inclusion Personnel-Salaries&Wages-Salaried Wages 9,800 Rationale: Increase Salary Cap-Diversity Compliance/Inclusion Officer. 101-04-402-044-410001— General Fund Administration&Finance _Human Rights Personnel-Salaries&Wages-Salaried Wages 15,000 Rationale: Increase Salary Cap-Executive Director of Human Rights. 101-05-050-050-410001-- General Fund Legal Department Legal Department Personnel-Salaries&Wages-Salaried Wages 70,000 101-05-050-050439003— General Fund Legal Department Legal Department Services&Charges-Other-Subscriptions 2,712 Rationale: Establish salary cap for full-time City Attorney position;cover vacation expense;subscription increase needed to due to full staff. 201-11-201-201-410003— Parks&Recreation Venues Parks&Arts Park Maintenance Personnel-Salaries&Wages-Permanent Part Time 40,000 Rationale: These funds were requested during the budget process to provide outreach to nonadult park users at a variety of destination parks. The previous year saw partnerships with Goodwill,SAVE,and other community partners. This program cannot proceed without them. 230-10-103-100-421000— Code Enforcement Community Investment Neighborhoods Supplies-Office-Other Office Supplies 41,000 Rationale: New office cubicles. 600-10-060-060-439000 Consolidated Building Community Investment Building Department Services&Charges-Other-Misc Charges&Svcs 551,957 Rationale: Amount payable to St.Joseph County due to Building Department revenue sharing. City of South Bend,Indiana Qi 2023 Budget Adjustments-Additional Appropriations increase or decrease in total fund expenditures) Account a Fund Department Division Account Budget Adjustment 601-11-240-460-423006-- Parking Garages Venues Parks&Arts Parking Garages Supplies-Repair&Maint-Small Tools&Equipment 5,000 Rationale: Additional AIMS parking system equipment for greater efficiency in OVB's handling of parking tickets. 611-06-603-512-445000-- Solid Waste Capital Public Works Solid Waste Capital Outlay-Machinery&Equip-Motor Equipment 75,000 Rationale: Increased costs for 1 ASL Dedicated CNG Unit-Mini Mac Supported by Outside Revenue 217-10-101-132-439300— Gift,Donation,Bequest Community Investment Community Investment Services&Charges-Other-Grants&Subsidies 15,000 I Rationale: _Urban Sustainability Directors Network Grant I 220-08-080-085-422000— Law Enforcement Continuirq Police Department Police Department Supplies-Operating-Other Operating Supplies 145,000 220-08-080-085-445001-- Law Enforcement Continuinf Police Department Police Department Capital Outlay-Machinery&Equip-Police Equipment 304,000 Rationale: Police purcahses reimbursed by Federal or State grants. 299-08-080-088-445000-- Police Federal Drug Enforcers Police Department Police Department Capital Outlay-Machinery&Equip-Motor Equipment 40,000 Rationale: !Transport vehcile for the SWAT unit to replace the existing vehicle. Re-appropration of Funds for Capital Projects 101-11-206-273-436000--PRC General Fund Venues Parks&Arts Park Projects&Capital Services&Charges-Repairs&Maint-Other R&M 49,833 Rationale: Repairing and adjustng the River Lights. 201-11-201-201-445000— Parks&Recreation Venues Parks&Arts Park Maintenance Capital Outlay-Machinery&Equip-Motor Equipment 65,000 201-11-206-273-444000—PRC Parks&Recreation Venues Parks&Arts Park Projects&Capital Capital Outlay-Impv Other Than Bldgs-Land Improvement 150,785 Rationale: Appropriate proceeds from 2022 Central Services Auction;ongoing Seitz Park costs. 222-04-403-457-436001-- Central Services Administration&Finance (Central Services Services&Charges-Repairs&Maint-Building R&M 80,000 Rationale: Parking lot paving project. I 413-11-201-202-443001—PRC Professional Sports Conventi Venues Parks&Arts I Park Maintenance I [Capital Outlay-Buildings-Building Improvements 34,895 City of South Bend,Indiana Q12023 Budget Adjustments-Additional Appropriations increase or decrease in total fund expenditures) Account# Fund Department Division Account Budget Adjustment Rationale: The MLB required locker room renovations at Coveleski Stadium. 416-11-220-292-443001--PRC Morris Performing Arts Cent Venues Parks&Arts Morris Performing Arts Center Capital Outlay-Buildings-Building Improvements 600,000 416-11-220-292-443001—PRC Morris Performing Arts Cent Venues Parks&Arts Morris Performing Arts Center Capital Outlay-Buildings-Building Improvements 200,000 Rationale: MPAC theater upgrades;Morris Major Additions Design in order to complete design documents for the planned work. 471-11-206-282-444000--PRC 2017 Parks Bond Capital Venues Parks&Arts Park Projects&Capital Capital Outlay-Impv Other Than Bldgs-Land Improvement 10,000 471-11-206-286-444000—PRC 2017 Parks Bond Capital Venues Parks&Arts i Park Projects&Capital Capital Outlay-Impv Other Than Bldgs-Land Improvement 20,000 Rationale: Finish the planned and budgeted for projects. 642-06-605-514-445008— Sewage Works Capital Public Works Wastewater Capital Outlay-Machinery&Equip-Other Equipment 120,000 642-06-605-514-445000— Sewage Works Capital Public Works Wastewater Capital Outlay-Machinery&Equip-Motor Equipment 30,000 Rationale: rTwo generators and transit van. Administrative Items Grand Total — 2,757,182 m717- r, a za' 0- O x- i No n 2Z CO M Z - - 7 Co Z 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAY BOARD OF PUBLIC WORKS Mr. Jeffery P. Costello Memorial Hospital of South Bend, Inc. 615 N. Michigan St. South Bend, IN 46601 January 24, 2023 Mr. Heiden Jones Petrie Rafinski Corp. 412 S. Lafayette Blvd. South Bend, IN 46601 rhciden@jpr I source.com RE: Right-of-Way Vacation -615 N. Michigan St. (Preliminary Review) Dear Mr. Costello: PHONE 574/ 235-9251 FAX 574/ 235-9171 At its January 24, 2023 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-13, the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this right-of-way subject to easements for existing municipal utilities. If you still wish to pursue this right-of-way vacation, please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 4th floor of the County-City Building. Right-of-Way vacations require a presentation to the Common Council, approval of an ordinance, and certification of the ordinance from the Mayor. The property then must be recorded with the Recorder's Office to ensure that your 50% ownership of the property is appropriately transferred to your name. Ifyou have any questions about how the right-of-way vacation will affect your property taxes, please contact the Auditor's Office. Please notify us when this work is complete. If you have any further questions, please call this office at (574)235-9251.Enclosures TH/lh Sincerely, Isl Theresa Heffner Theresa Heffner, Clerk ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER BILL NO. 05-23 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: October 31, 2022 TO: Matt Longfellow, Public Works Chris Dressel, Community Investment Gerard Ellis, Fire Department Brad Rohrscheib, Police Department FROM: Theresa Heffner, Clerk (theffner@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS —ROW VACATION APPLICANT: Beacon Health LOCATION: 615 N. Michigan St. PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/wou Id not hinder the public's access to a church, school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. PUBLIC WORKS: Favorable recommendation subject to easements for existing municipal utilities COMMUNITY INVESTMENT: Favorable recommendation subject to easements for existing municipal utilities FIRE: Favorable POLICE: Favorable recommendation PETITION TO VACATE PUBLIC RIGHTS-OF-WAY JSTREETS/ALLEYS) TO THE COMMON COUNCIL DATE: February 1, 2023 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: Hk i S A. THE ALLEY DESCRIBED AS: N/A B. THE STREET DESCRIBED AS: Bartlett Street between Main Street and St. Joseph Street. NAME (signed & printed) ADDRESS LOT # School City of South Bend 2 834 N. Lafayette Blvd., South Bend F 1 Leeper Park 5 837 N. Lafayette Blvd., South Bend RETURN TO: OFFICE OF THE CITY CLERK DAWN M. JONES, CITY CLERK ROOM 455 -COUNTY -CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 CONTACT PERSON (S) NAME: Robert Heiden ADDRESS: Jones Petrie Rafinski 325 S. Lafayette Blvd. South Bend, IN 46601 PHONE: 574-232-4388 H:\2021 Projects\2021-0127\ENG\Right-of-way Vacation\2023-01-31 Vacation Application\2023-2-1 Petition to Vacate 2021-0127.doc Y - STREET/ALLEY VACATION APPLICATION City of South Bend - Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 Date: October 24, 2022 Phone #: 574-232-4388 Name: Beacon Health Email: rheiden@jprlsource.com Property Address: 615 N Michigan St, South Bend IN 46601 Applicant property information: X Residential Commercial Industrial Describe the general alley location with boundaries (Ex: Church PI, between E. Colfax Ave & E. LaSalle Ave): This application is for the old Bartlett St right-of-way, between Main St and Michigan St, the new right-of-way follows the relocated road to the north. Is your property adjacent to the alley of interest? 0 Yes No Do you own all adjacent properties to the alley of interest? j] Yes No Does the existing alley provide garage access to other property owners? Yes 0 No Does the alley receive daily traffic excluding your own use? Yes Q No Would the vacation hinder public access to any of the following: a church, Yes No school, or any other public building or place? Reason for street/alley vacation and proposed use: To complete the transfer of property between the City and Beacon Health from when Bartlett St was realigned with the construction of a round -a -bout back in 2015. Vacation is shown as Parcel 2 and Parcel 5 on the attached Figure A. A map MUST be provided highlighting the area you would like to vacate with this application. OFFICE USE ONLY: Board Recommendation: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A, Maradik, President e'T'&t Gary A. Gilot, Member fYLwy I. T 4+ Murray L. Miller, Member 5(yes No yTt Joseph R. Molnar, Vice President Jordan V. Gathers, Member Attest: Theresa M. Hefner, Clerk Date: January 24, 2023 w_k c loon _0 s Bartlett Street .SAL m n,Sava) City ofm_Mna m__Cw___n SL Joseph _, 49 ..,-- R \- Name Mailing Address Proper Address School City of South Bend 834 N Lafayette Blvd. 834 N Lafayette Blvd. Parcel # 018-1010-0366 Leeper Park 837 N. Lafayette Blvd. 837 N. Lafayette Blvd. Parcel # 018-1005-0198 1h5r," mr. vv. 1- v i r v 18- 1005- 017 005= 017 7 W° Am 702- i8 -!, 1005 - 0. 1i 02 -1i8= 1005 - 0. 1i 141 1M- M lows ZZ: All VyN T L f-- T -TS T Nip CON' Project 114-032B (Parcels 1 and IA) Project 114-035 (Parcels 4A, 4B, 4C, 4D, 4E, 4F, 4G, 4H, and 4K) WARRANTY DEED THIS INDENTURE WITNESSETH that Memorial Hospital of South Bend, Inc, an Indiana non- profit corporation, the Grantor, conveys and warrants to the CIViL ('ITV OF SOUTH BEND FOR THE USE AND BENF,FIT OF ITS BOARD OF PUBLIC WORKS, lire Grantee, for and in consideration of (tic sum of One Dollar ($1.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, certain real property (the "Real Estate") situated in the County of St. Joseph, State of Indiana, and being more particularly described in the legal descriptions and depictions collectively attached hereto as Exhibit I_ (which includes, for each respective parcel, a legal description identified as Exhibit "A" and a Right - of -Way Parcel Plat identified as Exhibit "R"), which is incorporated herein by reference. This conveyance is subject to any and all easements, conditions, and restrictions of record. The Grantor hereby specifically acknowledges and agrees that the Real Estate conveyed herein is conveyed in fee simple and that no reversionary rights whatsoever shall remain with the Grantor, or any successors in title to the abutting lands of the Grantor, notwithstanding any subsequent abandonment, vacation, disuse, nonuse, change of use, conveyance, lease and/or transfer by the Grantee or its successors in title, of a portion or all of the said Real Estate or any right of way, roadway, or roadway appurtenances established thereupon. This acknowledgement and agreement is a covenant running with the land and shall be binding upon the Grantor and all successors and assigns. The undersigned Grantor executing this Warranty heed represents and certifies that the Grantor is competent and fully empowered to execute and deliver this conveyance and in doing so is not violating; any other agreement to which Grantor is a party; that the Grantor has full legal capacity to convey the real estate described and (fiat all necessary action necessary to complete this conveyance has been duly taken. The undersigned represents and warrants that he is a duly elected officer of the Grantor; that the Grantor is a corporation validly existing in the State of Indiana; that the Grantor has full corporate capacity to convey the real estate interest described; that pursuant to resolution of the board of directors or shareholders of the Grantor or the by-laws of the Grantor he has full authority to execute and deliver this instrument on its behalf and that said authority has not been revoked; (hat he is, therefore, fully authorized and empowered to convey to the Grantee real estate of the Grantor, and that on (he date of execution of said conveyance instrument he had full authority to so act; and that all necessary corporate action for the staking of this conveyance has been duty taken. IN WITNESS WHEREOF, the Grantor has executed this instrument this_ day of March, 2016. MEMORIAL HOSPITAL OF SOUTH BEND, INC, an Indiana non-profit corporation By; i Printed: ,Te_FAb4 R. odt` to Its: STATE OF INDIANA SS: COUNTY OF ST. JOSEPH Before me, the undersigned, a Notary Public in and for said County and State, this _ day of March, 2016, personally appeared .S E { c , f. 0,5- 1i O personally Mown to me as the of the Grantor and acknowledged the execution of the foregoing Warranty Deed for and on hehalf of the Grantor. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, SEAL) t' Q4V Me,Itkl; v+ Rk. , Notary Publfe Resident of c • % *County, _J: /V_ a My commission expires:; MADELIN VILA 5I. Joseph County my Comnlis Expires May ' F Interests in land acquired by the Civil City of South Rend for the use and benefit of its Board of Public Works Grantee mailing address: 227 W. Jefferson Blvd. Suite 1300 N South Bend, IN 46601 This instrument was prepared by Benjamin J. Dougherty, Assistant City Attorney, 1200 S. Cmmly-City Building, 227 W. Jefferson Blvd- South Bend, Indiana 46601. I affirni, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Benjamin J. Dougherty. 4000.0000039 48486974.001 2 EXHIBIT 1 Legal Description of Memorial Property See attached descriptions and depictions of Project 114-032B Parcels 1 and 1 A, respectively, and Project 114-035 Parcels 4A, 4B, 4C, 4D, 4E, 4F, 4G, 41, and 4K, respectively.] EXHIBIT "A" Project: Bartlett Street Improvements Parcel: 1 Fee Simple Sheet 1 of 2 A part of Lot 2A Memorial Hospital 2nd Replat, the plat of which is recorded in Instrument No. 0922160, in the Office of the Recorder of St. Joseph County, Indiana and being apartof the grantor's land lying within the right-of-way lines depicted on the attached Right -of -Way Parcel Plat, marked Exhibit "B", described as follows: Beginning at the southeast corner of Lot 2A of said Replat; thence South 89 degrees 36 minutes 59 seconds West along the south line of said Lot 23.18 feet; thence northerly 30.06 feet along a non -tangent arc to the right ]caving a radius of 114.00 feet and subtended by a long chord having a bearing of North 40 degrees 26 minutes 50 seconds West and a length of 29.97 feet; thecae northwesterly 9.36 feel along an arc to the left having a radius of 20.00 feet and subtended by a long chord having a bearing of North 46 degrees 18 minutes 28 seconds West and a length of 9.28 feet; thence northwesterly 25.16 feet along an arc to the left having a rndius of 121.32 feet and subtended by a long chord having a bearing of North 66 degrees 16 minutes 32 seconds West and a length of 25.12 feet; thence North 72 degrees 13 minutes 02 seconds West 36.66 feet; thence westerly 9.35 feet along a non -tangent arc to the left having aradius of 134.00 feet ' and subtended by a long chord having a bearing of North 88 degrees 29 minutes 25 seconds West and a length of 9.35 feet; thence South 89 degrees 30 minutes 36 seconds West 217.80 feet; thence I South 44 degrees 30 minutes 36 seconds West 3.95 feet to the south line of said Lot; thence North 57 II degrees 34 minutes 30 seconds West 8.54 feet along said south line; thence North 56 degrees 55 I minutes 33 seconds West 118.71 feet along said south line; thence North 44 degrees 27 minutes 34 i seconds East 4.97 feet; thence North 89 degrees 30 minutes 36 seconds Bast 99.92 feet; thence South 45 degrees 32 minutes 26 seconds East 4.45 feet; thence North 89 degrees 27 minutes 34 seconds East 160.58 feet; thence easterly 76.73 feet along an arc to the left having a radius of 631.00 feet and subtended by a long chord having a bearing of North 85 degrees 58 minutes 33 seconds East and a I length of 76.68 fleet; thence easterly 45.83 feet along an arc to the left having a radius of 171.00 feet and subtended by a long chord having a bearing of -North 74 degrees 48 minutes 53 seconds East and a length of 45.69 feet; thence northeasterly 23.61 feet along an arc to the left having a radius of 51.00 i feet and subtended by along chord having a bearing of North 53 degrees 52 minutes 22 seconds East and a length of 23.40 feet; thence northeasterly 28.72 feet along an are to the left having a radius of ' ii i I t Ii 1 EXHIBIT "A" Project; Bartlett Sheet Improvements Parcel: 1 Fee Simple Sheet 2 of 2 181,00 feet and subtended by a long chord having a bearing of North 36 degrees 03 minutes 44 seconds East and a length of 28.69 feet; thence North 31 degrees 30 minutes 57 seconds East 7.71 feet; thence northerly 55.17 feet along an sit to the left having a radius of 99.00 feet and subtended by a long chord having a bearing of North 15 degrees 33 minutes 00 seconds East and a length of 54.46 feet to the east line of said Lot; thence South 0 degrees 24 minutes 57 seconds Bast 231.49 fleet along said east line to the point of beginning and containing 32,769 square feet. Reference Document; Memorial Hospital 2nd Replat, Instr, No. 0922160 Prepared for: City of Sonth Bend By; Jeffrey S. Barnes, PS Firm: Jones Petrie Refinsid, Inc. Date: February 3, 2016 Job Number: 2014-5083 I EXHIBIT " B11 ' N IR/W PARCEL PLAT 9 Prepared for the City of South Bend, IN I by Roam, Longest Bc Neff L.I.C. (Job 1140109) Lv o 25e IRV RESIDUE C'` ' wr W L t l , i.Y `t VAQAli11 A1tiY --- t LOT 153 Lar A tNtN\N 1I9Yn1-01•W-lDS-01o.000me ''.G06,OWNS QF ' r" i J JJ71 IGT 196 + RES& D l?tGr181 331 Q ' J33 H • i _ - i s2 et.ror <d eo +02 line '0' 6 1 ed /w M won e{' S UM -'_ 91 1, lnnitrtrr; 91 '. I ss6 ui.rWO 25 p / * lovaaM6 281 u6t o°o1e°ois 0! • *%W tot 264 I 6 JR4 169 \ 76- d WIG s — RESIDUE B lalrrii•aw1• 1GI161 for N/ 9alao9aoaoat 253 ,. ut_ Z$ of t EON1N 0 ` D,N Q ,p• S + ,.iC(„ 1. lOf tan'•- " wAc'Rcnuel IGT 199 Y HATCHED AREA IS THE APPROXIMATE WING omm.. MEMORIAL HOSPITAL Of SOUTH BEND, LNC, j PARCEL 4 DMIW BY,, R.J. MCCOOL 9-15-2015 1 PROVECT 114-035 CHECKED BY., D.L. WIME 10 -JO -2015 j ROAD.- MICNIGW SIREET, MAIN STREET INSTRUMENT f'9JI9Q44, DATED 5-01—MV1 MARION STREET INSMWENT f •9d 18884 DATED 7-23— f99B 1 COUNIr Sr, 10SEPH INSTRUMENT t'9d55447, 447ED 10-2J-1998 I SECTION' 1 INSTRUMENT X9857969, A47ED 11-06--1998 1 INSTRUMEYVTf0I515IJ, DWED 10-12-2001 OKhVS: 2 f, N. RANCE.• Dlmenslons shown ore from the above Wed Record 000 mems. 11-•12-15 REVISED PER DESIGN CHANCE R.J. McC00L ! i II i' l il:b1 Title: Parcel 41( Fee Simple Revised Data: 11.12-2015 Scale: I inch a 20 feet )ale: Parcel 4IC DP,txt — -- Tmot 1: 0475 Aares: 3269 S9 Peet: Closure - n43,5430w 0,01 Peet: Pmlelon -1!50191: Perhnetwr —455 Peet 001-n0.2835w 13876 005=s24.4215e 21.93 009-s80.SS i 8e 35.47 002a49.4542o 6.50 000:-04.0959e 18.03 010=s89,4542w 110,68 003-s0.2835e 44.12 007=348.0112w 19.35 004—W.5820e 25.71 008-OZO9226 34.00 I Sheet 1 of 1 Parcel No: 2 PARCEL PLAT Code: na Des. Project: no EXHIBIT No.. no » B » Drawn: jsbRoad: Bartlett Street Prepared for: City of South Bend Checked: mdcSec: 1 Town: 37N Range: 2E Owner: City of South Bend County: St. Joseph Hatched area Is no s approximate acquisition. Deed — Key Number: This plat was prepared from Information obtained from the recorders office and other sources which were not necessarily checked by a field survey. Dimensions shown are from listed record documents. M O I o Memorial Hospital 2nd Replat Inst -r. N'o. 09-2-21.60 O Z Lot 2A Lot 3A C p 99' Perm. Esmt. in C favor of South Bend CL School Corp. DR 043162 R/W 0 UO R/ Wv R/W Bartlett Street R/W , I V R/W 2 Bartlett Street% Lot 1 A errorial Hospital 2nd Rep at Instr. l:o. 0922160 kxyES PEME RAFmw 412 S. Lafayette Blvd. your one single source, South Bend, IN 46601 sur.Wny • Engftw p • Pl.nnhg • AlddbCW • My Mawp rw d p: 574.232.4388oze18 • Envlmnm M • R-bl. Enmpy • Und.." Aroblt d.n f: 574.232.4333 0 2016 J R R- Al I Ri ps Reserved vi 0 z z a EXHIBIT "A" Project: Bartlett Street Improvements Parcel: 2 Fee Simple (part of Existing Bartlett Street Right -of -Way) Sheet 1 of 1 A part of the existing right-of-way of Bartlett Street as dedicated per the Memorial Hospital 2nd Replat, the plat of which is recorded in Instrument No. 0922160, in the Office of the Recorder of St. Joseph County, Indiana and being a part of the grantor's land lying within the right-of-way lines depicted on the attached Right -of -Way Parcel Plat, marked Exhibit "B", described as follows: Beginning at the northeast comer of Lot 1 in said Replat; Beginning at the northeast corner of Lot 1 A in said Replat and being of the south right-of-way line of Bartlett Street; thence South 89 degrees 42 minutes 18 seconds West 274.84 feet along the north line of said Lot; thence North 57 degrees 34 minutes 30 seconds West 62.18 feet along said line; thence North 78 degrees 35 minutes 28 seconds West 16.86 feet along said line; thence North 64 degrees 35 minutes 32 seconds West 90.48 feet along said line; thence North 39 degrees 07 minutes 25 seconds West 25.97 feet along said line; thence North 80 degrees 21 minutes 17 seconds West 111.95 feet along said line; thence South 89 degrees 05 minutes 59 seconds East 3.88 feet along said line; thence North 89 degrees 30 minutes 36 seconds East 105.39 feet; thence South 45 degrees 29 minutes 24 seconds East 8.43 feet; thence North 89 degrees 27 minutes 47 seconds East 96.38 feet to the south line of Lot 2A in said Replat and being the north right -of way line of Bartlett Street; thence North 44 degrees 30 minutes 36 seconds East 4.37 feet along said line; thence South 57 degrees 34 minutes 30 seconds East 48.97 feet along said line; thence South 67 degrees 09 minutes 02 seconds East 43.40 feet along south line; thence South 83 degrees 53 minutes 53 seconds East 40.18 feet along said line; thence North 89 degrees 36 minutes 59 seconds East 192.70 feet along said line; thence southeasterly 3.92 feet along a non -tangent arc to the left having a radius of 114.00 feet and subtended by a long chord having a bearing of South 48 degrees 59 minutes 08 seconds East and a length of 3.92 feet; thence southeasterly 19.19 feet along an arc to the right having a radius of 40.00 feet and subtended by a long chord having a bearing of South 36 degrees 13 minutes 44 seconds East and a length of 19.00 feet; thence southerly 30.99 feet along an arc to the right having a radius of 179.50 feet and subtended by a long chord having a bearing of South 17 degrees 32 minutes 29 seconds East and a length of 30.95 feet; thence South 0 degrees 24 minutes 13 seconds East 18.43 feet to the point of beginning and containing 28,948 square feet, more or less. Reference Document: Memorial Hospital 2nd Replat, Instr. No. 0922160 Prepared for: City of South Bend By: Jeffrey S. Barnes, PS Firm: Jones Petrie Rafinski, Inc. Date: February 8, 2016 Job Number: 2014-5083 Sheet 1 of 1 Parcel No: 5 RIGHT-OF-WAY PARCEL PLAT Code: no Des. No.: no Project: no EXHIBIT B Drawn: jsbRoad: Bartlett Street Prepared for: City of South Bend Checked: mdcSec: 1 Town: 37N Range: 2E Owner: Memorial Hospital of South Bend, Inc. County. St. Joseph Hatched area is _ on. approximate acquisition. Deed Key Number: — This plat was prepared from information obtained from the recorders office and other sources which were not necessarily checked by a field survey. Dimensions shown are from listed record documents. ICE N Lot 14 Leeper Park Lot 13 i Third Platt O!C^ni !. nv„i...lOiil.S o -.-.,n o SSouth Bond Outlot 128 Bartlett Street Lot 12 Rockstroh. Brothers Addition Plat Bk. 5, Pa. 51u Lot 11 JRAx4w PUME RAFina your one single source 5wr- Efi • Wofflol - ML W • N%V - L. irily+APQMIIW mrl$ • En u9nm nl! • rienvr.we EMryy • luNacepe Ncnnecr n C 2016 JPR - All Rights Reserved T 412 S. Lafayette Blvd. South Bend, IN 46601 p: 574.232.4388 f: 574.232.4333 r, M z v II :n 1" = 50' EXHIBIT "A" Project: Bartlett Street Improvements Parcel: 5 Fee Simple (part of Existing Bartlett Street Right -of -Way) Sheet 1 of 1 A part of the existing right-of-way of Bartlett Street as dedicated per the plat of Rockstroh Brothers Addition, the plat of which is recorded in Plat Book 5, Page 50, in the Office of the Recorder of St. Joseph County, Indiana and being a part of the grantor's land lying within the right-of-way lines depicted on the attached Right -of -Way Parcel Plat, marked Exhibit "B", described as follows: Beginning at the northwest corner of Lot 12 in said Addition; thence North 19 degrees 48 minutes 50 seconds East 28.65 feet; thence northeasterly 45.60 feet along an arc to the right having a radius of 130.00 feet and subtended by a long chord having a bearing of North 29 degrees 51 minutes 47 seconds East and a length of 45.37 feet to the north right-of-way line of Bartlett Street; thence North 89 degrees 28 minutes 30 seconds East 123.51 feet along said north line; thence South 0 degrees 17 minutes 38 seconds East 66.00 feet to the north line of Lot 12 in said Addition; thence South 89 degrees 28 minutes 30 seconds West 156.15 feet along said north line to the point of beginning and containing 9,403 square feet, more or less. Prepared for: City of South Bend By: Jeffrey S. Barnes, PS Firm: Jones Petrie Rafinski, Inc. Date: February 3, 2016 Job Number: 2014-5083 Sheet 1 of 1 Parcel No: 1 and IA RIGHT--OF--WAY PARCEL PLAT Cada: no Project: no EXHIBIT " Br' Drown: ]sbRoad: Bartlett Street Prepared for: City of South Bend Checked: mdcSec:: I Town: 37N Range: 2E Owner: Memorial Hospital of South Bend, Inc. County. St, Joseph Hatched area le Dead Reo.i — approximate acquisition, Key Number: This plat was prepared from Informotlon obtained from the recorder's office and other sources which were not necessarily checked by a field survey. Dlmenelons shown are from Noted record documents, l Mornorldl Huspitol 2nd Roplot o, Instr. No. 0922160 d z Lot 3A Lot 2A O 99' Perm. Eamt. In 0. i favor of South Bend H/W Bartlett Street Lot to Memorlol Hospital 2nd Rapist Instr. No. 092180 412 S, Lefsymce 81vd. your orleesin0 South Bend, IN 46601 raw uNi: >rr. iw Awa v p: S74.232A389 f: $74.231.4333 52018 JPA •NIRo RAiONYA f 7 M U 1 1 1" 50' EXHIBIT "A" Project: Bartlett Sheet Improvements Parcel; 1 A Flee Simple Sheet 1 of 1 A pant of Lot IA Memorial Hospital 2nd Replat, the plat of which is recorded in Instrument No. 0922160, in the Office of the Recorder of St. Joseph County, Indiana and being a part of the grantor's land lying within the right-of-way lines depicted on the attached Right -of -Way Parcel Plat, marked Exhibit "B", described as follows: Commencing at the northeast corner of Lot IA of said Replat; thence South 89 degrees 42 minutes 18 seconds West 274.84 feet along the north line of said Lot; thence North 57 degrees 34 minutes 30 seconds West 62.18 feet along said north line; thence North 78 degrees 35 minutes 28 seconds West 16.86 feet along said line; thence North 64 degrees 35 minutes 32 seconds West 90.48 feet along said line; thence North 39 degrees 07 minutes 25 seconds West 25.97 feet along said line; thence North 80 degrees 21 minutes 17 seconds West 111,95 feet to the point of beginning of this description; thence North 89 degrees 05 minutes 59 seconds West 61.53 feet; thence North 0 degrees 32 minutes 26 seconds West 1.73 feet to the north line of said Lot; thence North 89 degrees 27 minutes 34 seconds East 43.25 feet along said line; thence South 80 degrees 21 minutes 17 seconds East 18.56 feet along said line to the point of beginning and containing 124 square feet, more or less, Reference Document; Memorial Hospital 2nd Replat, Instr. No. 0922160 Prepared for, City of South Bend By: Jeffreys. Barnes, PS Firm: Jones Petrie Rafinski, Inc. Date; February 3, 2016 Job Number; 2014-5083 q I Sheet 1 of 1 Parcel No: 1 and 1A RIGHT—OF—WAY PARCEL PLAT code: IlaDes, No.: a EXHIBIT " Br' Road; Bartlett Strout Prepared for: City of South Bend ruwrr IndSot: 1 Town: 37N Ronna: 2E Owner: Memorlol Hospital of South Bend Inc. county, + ode P County: St. dnunph Hatched urea Is Deed Rea: approximote acquisition, Key Number: -- This plot was prepared from Information obtained from the recordcr'i, ofike and other sources which ! were not neoesecrily checked by a Held survey. Dimensions oltnwa ara Pam listed record documents, L o I Memorldl Ifospltdl 2nd Repldt o, Instr. No, 0922160 z Lot 3A C Lot 2A I 99' Perm. Eamt. In r o favor of South Bend r1 f School Corp. Rfw If a DR 043162 y N R v it/w R/YI[ R CO I Bartlett Street I I I Lot 1A !` , Momarlol 11capltal 2nd Repldt Inetr. No. 0922160 I I s x i s in IMI3 f1MM RAM4sta 412 S. Lafayette Blvd. your one nfnll a no,irCn South Bend, IN 46601 I ' Yo, „rte oMw..T Na..w••uww.o.«a p: 574.232A308e .m • ww,v.. wa.,,.. L 579.232.4333 420W JPR- AU nr;',', ft.j QNW I I i I i E, XMIT "A" Project; 114-035 Parcel; 4A FEE SIMPLE Key N. 71-08-01-354-003.000-026 A triangular tract of land located within Lot One Hundred sixty-seven (167), as shown on the Original Plat of South Bend, St. Joseph County, Indiana more particularly described as follows. Beginning at the southwest corner of said Lot 167; thence North along the west Iine of said Lot 167 a distance of 66 feet more or less to the northwest corner of said Lot 167; thence Easterly along the north line of said Lot 167 a distance of 63.10 feet; thence Southwesterly along a curve to the left, with a radius of 398.10 feet and a distance of 91.05 foot more or less to the southwest corner of said Lot 167 and the point of beginning. This description was prepared by Beam, Longest and Neff, L.L.C„ for the City of South Bend, Indiana as part of the Roundabout Intersection at Marion, Michigan and Main Streets Project, BLN # 140069. E 0 3ra 2. Dewey Jklitte L'• Date Indiana Registered Land Surveyor q.• ce License Number LS29800022 NO. p 0 1.88Qdt 02t' OTATE OF w 0 N EXHIBIT OY' R/W PARCEL PLAT Prepared for the City of South Bend, IN by Beam, longest & Neff LLC. (Job #140109) 60 o ea M sizer r•- IN,`6n'+1 G. 4• B0.7k' RESIDUE Cv +aslw L VAL'A760 Z'.' • { I IAT 163 Ii p S g -( i4l LOT 196 LOT A 2 I 4ei 01111.a3.01iD3•WP -Ml v Z Ur IM 1 111 • 316Mat ai8D96.6daD261 II , Q t y rok y 38 LorRES! ES D E D J f { LOT 161 Q 60 i}kg '' 63 11 1 61 L7 ?4AMOH Sr. 6j yr url6 T 92 r 94 64Aft1WrS'1'. g1 yypp 1 % xarlil•a•a• I I fr skew. ` If ; 3 9i-01• 65f•Dbl OP9176~ 51 J { .r,T9i 6.0Y1Aaa Z8 rs a64-OOLst,961 _ Ay Ga' W 7ft0 areaDl.roDza• asa•Dex.auD me G f IRT I 1 6rI 78 >varL r RESIDUE 8 Imam_ —•` 6 • t• 328 16tYIT1AT166GQ6i{ G 327 LO?tiD 320 1 64 1n IAr 169 j 9 5V44fy'F, p r e .• Wris : YACA'i8F) ALSEY } LOT 136 - + HATCHED AREA IS THE APPROXIMATE TAKING OIYNEhh' MEMORIAL HOSPITAL OF SOUTH BEND, INC. ` PAROEL - 4 DRAWN BY- R.J. MWOM 9-15-2015 PROJ£CJ^ 114-OJ5 CHECKED BY D.L. WI1TE 10-30-2015 LOAD.- MIa,YI W SSRV7. MAIN SIREET IAdSihYlA1ENT 11J04 A4T1 D S -A1-1991 S MARION STREET INSTRUMENT 19BJ8889, DATED 7-23-1998 COUNTY Sr JOSEPH IN57UMENT0855441. WED 10-23-1998 SECTION. f INSTRUMENT PPV857859, DATED 11-08-1998 INSTRUMENT 1'0181.515, DATED to -12-2o01 TOWNSHIP. J7 N. Dimens/ons shown are from the above fisted Record Documents. RANGE- 2 E. 11-12-15 REVISED PER DESIGN CHANGE R.J. McC00L EXHIBIT "A" Project: 114-035 Parcel: 4B PEE SIMPLE Key #. 71-08-01-354-002.000-026 The West 92 feet Lot Numbered 168 as shown on the Original Plat of the Town now City of South Bend, excepting therefrom that portion conveyed to the City of South Bend in Document Number 7928652, This description was prepared by Beam, Longest and Neff, L,L,C,, for the City of South Bend, Indiana as part of the Roundabout Intersection at Marion, Michigan and Main Streets Project, BLN #140069. Dewey L, Witte Date Indiana Registered Land Suiveyor License Number LS29806022 artittuao afe i i No. : LU6a00022 0 w STATE OF ori ' ANO I Ankh .OQ'`,e•. fSUR A nit u N EXHIBIT 11811 R/W PARCEL PLAT Prepared for the City of South Bend, IN by Beam, Longest & Neff L.L.C. (Job #140109) RL 0 o do leo '( oftt sF IRV RESIDUE CYACAMia7 J L I40T 169 a, -V 11 _h ''" `' 39E wr 126 l 1ArA xirgl.o6olaos•ow,000a96 ' . , 4—, 16a ,1 oraa 6u6ao96 aw-,, vo a JJa 161 1 If s e ur4LOT1eT 140!166 RESIN E D M 1fi E' MAMNST. B1 Uns E' 92 61 2811 370-D 1.OW.W. rt maaaoma 2401 I 259 36 LOW L41 RESIDUE B 111 Jfa rl a a 3Z 7 -- LOrllO IRT 169 vi ply 1 noP47' .. • A. R 1 E19 a7' V'leV YAflArW] A11,f1Y LOT 196 i T R HATORED AREA IS ME APPROXIMATE TAKING . OWNER., MEMORIAL HOSPITAL OF SOUTH BEND, INC. PARCEL.- 4 DRAWN BY.' R.J. MCCO01 9-15-2015 PRaIECT.' 114-ai5 CHECKED 81:1 D.L. WITTE 10 -JO -2016 ROAD., Ml0YZ 1V SMT. MAIN STREET 1Nf4JR1/1AENT 011J044, OMFO S-01- i99i dr MARION STREET INSTRUMENT Or9BJ9r498 A ESD 7-23-1998 COMM. Sr JOSEPH INSTRUMEM 196665447, AAFM 10-23-1998 SECTION' 1 INMUME7VT ,J965%969, DATED 11 -OS -1998 tNSM MEN! ,'015151J, DATED 10-12-2001 RANGE,2 £. TOWNSHIP N Dimenslons whown are from the above llsted Rerord Doealneels. 2 11-12-15 REVISED PER DESIGN CHANGE R.J. MCCOOL r A EXHIBIT `rA" Project; 114-035 Parcel: 4C FEE SIMPLE Key #: 71.08-01-354-001,000-026 A triangular tract of land located within Lot One Hundred sixty-eight (168) as shown on the Original Plat of South Bend, St. Josoph County, Indiana more particularly described as follows; Beginning at the southwest corner of said Lot 168; thence Easterly along the south line of said Lot 168 a distance of 92.00 feet; thence Northerly and parallel to the west line of said Lot 168 feet a distance of 23.46 feet to the true point of beginning; thence continuing Northerly and parallel to the west line of said Lot 168 a distance of 42.54 feet to the north lino of said Lot 168; thence Easterly along the north line of said Lot 168 a distance of 53.48 feet; thence Southwesterly a distance of 68.30 feet more or less to the point of beginning. Except a part of said Lot 168 in the Original Plat of the Town (now City) of South Bend, Indiana, the plat of which is recorded in Plat Book 1, Page 1, in the Office of the Recorder of St. Joseph County, Indiana, described as follows; Commencing at the southwest corner of said lot; thence North 89 degrees 45 minutes 42 seconds East 92.00 feet; thence North 0 degrees 28 minutes 35 seconds West 66,00 feet to the north line of said lot; thence North 89 degrees 45 minutes 42 seconds East 32.49 feet along said north line to the point of beginning of this description: thence North 89 degrees 45 minutes 42 seconds East 20.99 feet to the northwestern boundary of Main Street; thence South 51 degrees 10 minutes 10 seconds West 26.76 feet along the boundary of said Main Street; thence North 0 degrees 28 minutes 35 seconds West 16,69 feet to the point of beginning of this description and containing 175 square feet, more or less. This description was prepared by Beam, Longest and Neff, L.L.C., for the City of South Bend, Indiana as pail of the Roundabout Intersection at Marion, Michigan and Main Streets Project, BLN # 140069. Dewey L. `littc Date Indiana Registered Land Surveyor License Number LS29800022 UrATE OF w NA • 04v.` i N " B" EXHIBIT R/W PARCEL PLAT Prepared for the Cily of South Bend, IN by Boom, Longest &Noff L.L,C. (Job #140109) sa o ao Iov 6D' -' G f tiN } RESIDUE C man 1 s3 = 177 L r i.l 1''i ._..- , 4 yp i - VACAMtiA1LifY LM 183 ae1 ti9_ 34t 34DWin •, y El iXA0 I I Yezl al-eosalaaoomb wr Isx •[N _ T• a oo- 10! i LOT 19i "' 71 p1A gpQ``'r r J • REST E D i w 4C,rlil4 +• i assa I r-262 8L1 ids elQft JD' J1 s? Y 1}A1iI0 Z83. MANION 87. 91 `-1410 E o - 04 n1,0aw140M. ido-°i . ]'rlrlrltnal. L i 63.4$ ...__ . r V.J { + S&p75.+>418 1} I v •ueol.— - 4 Y . ildW2e 384Wrin =141 s RESIDIT B xar 71 •101SYl7l•OitAl- - MY91 a07 4 ass uw.aw-ms LOTIN _ tm 1411 ul R' -- s..,1 W. v( air ' LOT 169 a 23 for us {. Y 1>'ATCHED AREA IS 71I£ APPROXIM47F TAXING ' OWNER. YEMORlll t HOSPITAL OF SOUTH BEND, INC. MOM 4 DRAWN BY.' R.J. MCCOOL 9-15-2015 PROJECT.• 114-035 CHECKED BY D.L. WITI r 10--30-2015 ROAD., MJbWIAw SAPf7 MAIN SWIFT `th{Sl>2LAllEN7 t 9113044, LW D 5-01-1991 M4RION STREET INS7 MENT 9838BBB DATED 7-23-1998 COUNTY, ST JOSEPH INSMl*CNr f9855447. ail rro 10-23-1998 SECTION. 1 INSTRUMENT ,x0857969, 447ED 11 -OB -1998 IMAIMMENT fo1515f3, DATLrD 10-12-2001R AW.- 2 P N. DImenslons shown are from the above lisled Retard Documents. f RANGE} 2 E. I 11•-12-15 REVISED PER DESIGN CHANGE R.J, McCOOL j I t ' EXHIBIT i0A" Project; 114-035 Parcel: 4D FEE SIMPLE Key #. 71 -OM1 -355-001.000-026 A part of Lot 168 in the Original Plat of the Town (now City) of South Bend, Indiana, the plat of which is recorded in Plat Book 1, Page 1, in the Office of the Recorder of St. Joseph County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right -of -Way Parcel Plat marked Exhibit "B", described as follows: Commencing at the southwest confer of Raid lot; thence North 89 degrees 45 minutes 42 seconds But 92.00 feet; thence North 0 degrees 28 minutes 35 seconds West 66.00 feet to tho north line ' of said lot; thence North 89 degrees 45 minutes 42 seconds East 32.49 feet along said north line to the point of beginning of this description: thence North 89 degrees 45 minutes 42 seconds East 20.99 feet to the northwestern boundary of Main Street; thence South 51 degrees 10 minutes 10 seconds West 26.76 feet along the boundety of said Main Street; thence North 0 degrees 28 minutes 35 seconds West 16,69 feet to the point of beginning of this description and containing 175 square feet, more or less. This description was prepared by Beam, Longest and Neff, L.L.C., for the City of South Bend, i Indiana as part of the ]roundabout Intersection at Marion, Michigan and Main Streets Project, BLN #140069. X 111111111011114.1 tlt 016 06ol IS Dewey L,itta Date Q' No, Indiana Registered Land Surveyor = u3nG00022 License Niunber LS29800022 STATE of N0100I 1 N EXHIBIT u Br' R/N PARCEL PLAT Piepared for the City of South Send, IN by Boom, Longest & Neff L,L,C. (Job #140109) scar r. tua• 110,11' RESIDUE C 1 f071u J L AWY VA0A1't A14V Q r ti tdr 161 o N'Qe `' f 3/ mom oR c L IOTA zbr lBven-DB•ad06-0ro.00PUM Molt 0Olt. ` 1.0'T IN d11111 ,, —37 ft.owma , 04 A 1N ° 33S 339 Wr 125 W eof E ti ti 330 RESIDUE D 1,. - 33f 33z _ -a3T ?- eo il• ., mrsel 2$2 11.10 eo dei,— Une V e! WJUON ST. e1 LN V s e1 inite3(iir uaal- , 254 J vmaeal. `3 a e o.oaol zat 261 > O mo-a l 29a 16401 as !'- C u t.oA is • juA u+ X04 3 259 wrut x - . 0 _"° / tar167 4 RESIDUE B a n!• •=z• 32b Yerlri•ae•o1-.- r ` Wrim . 000•w 32 32 351 $ LM1400t4.09oA7a 19 9 *• 320 wT 169 in pJt ntrr sae 251 258' I^ sy; HgTCHED AREA 15 THE APPROXIMATE TAKING u11FAIT :. MEMORIAL HOSPITAL OF SOUTH BEND, INC, PARCEL: 4 DRAWN BY- R.J. McCOOL 9-15-2015 PAWECT.- 114-035 CHECKED BY,- D.L. WlrlE 10--70-2015 41040; amraw STREET, maAr mw INSTh'1ht ew /911 J044, DATED 5-01-1991 MARION STREET INSTRUMENT,`' 9838888, A4M0 7-23-1998 COUMY.- Sr JOSEPH INSTRUMENT 19855447. CATED 10-2J-1998 INSTRUMENT 3985798$ DOTED 11-08-1998 SECTION. 1 INSTRUMENT,f0151513, VAM 10-12-2001 TOWNSHIP.• 37 N Dimensions shown oro fi;;; the above Mad Record Documents, RANGE., 2 C. 11-12-15 RFVISED PER DESIGN CHANGE R.J. McCOOL 20." Title: Parcel 4D Fee Simple Date:10-2&2015 Scale: l inoh = 4 feet j File: Parcel 4D DP.des 11act 1: 0,004 Acme: 175 Sq Peat: Closure - n64.5255w 0.01 Feet: Precision -1/11880 Perimeter a 64 Peat 001-AtB9,4542e:92.00 004-n89,4542e 20.99 002 /n0.2835w 66.00 005,,s51.1010w 26.16 OW—109.4542c 32.49 006-n0,21"w 16.69 EXHIBIT "A" Project: 114-035 Parcel: Q FEE SIMPLE Key #: 71-08-01-378-002.000-026 A part of Lot 141 in the Original Plat of the Town (now City) of South Bend, Indiana, the plat of which is recorded in Plat Book I, Page 1, in the Office of the Recorder of St. Joseph County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right -of -Way Pagel Plat marked Exhibit "B", described as follows: Beginning at the southwest corner of said lot; thence North 0 degrees 28 minutes 35 seconds West 33.00 feet along the west line of said lot to the northwest corner of Parcel It described in Instrument 49857969; thence North 89 degrees 45 minutes 42 seconds Past 46,57 feet along the north line of said Parcel 11; thence South 58 degrees 47 minutes 53 seconds West 10.77 feet to point "328" designated on said plat; thence South 42 degrees 26 minutes 55 seconds West 20.61 feet to point 11327" designated on said plat; thence South 35 degrees 12 minutes 13 seconds West 15,10 feet to the south line of said lot; South 89 degrees 45 minutes 42 seconds West 14.46 feet along said south line to the point of beginning of this description and containing 923 square feet, more or less, This description was prepared by Beam, Longest and Neff, L.L.C., for the City of South Bcud, Indiana as part of the Roundabout Intersection at Marion, Michigan and Main Streets Project, 131.N #140069. I/ 10 [1jo -_5 Dewey L. Witte Date Indiana Registered Land Surveyor License Number LS29800022 REVISED t 1/09/15 011111nt.r14 L' •'I dam` QCG.018 7'1N i TJtifiis N 4 ONa L3208HO22 STATE OF ti p..,mss O • .....,E o .. N EXHIBIT 116" R/W PARCEL PLAT Prepared for the City of South Bend, IN by Boam, Longest & Neff 1.14, (Job #140109) 10 Iro o ae roo 2Sa - 260 q g MR scltr 1. M, vf RESIDUE Ct14@ 1 — tOr12Y AM VA01MALW brie] aQt tl ta' `h 381 -Lm11e pe' l a tm A i' Fla 38 a- p Mar erlae•O1-006•ellA00ne6 , N tnRhl.W.a!- }_ Iqi 162 ' 1a cl IM•066A 61 o o'tio. t 339 LO1taE {, ", 5' f`S1JS) RESIDUE D pp i`ttt,.-.• --- 33t r 33$ i91 Iarlal I 2a2 51.1 eoz elie ' 83 e+ i' MAMONST. 01 r_ Lha T v2mulwb r 1 3345, 4 1464t. 1- I 281 1 Mtlf141 33. AMON" 45, , p — — 280 atimio oPmy . 39S jf ef4 00 ` r si i °ie\ v yYet tol 68 ase'- Lar 16rI i6' 1g IM141 RESIDUE B a % \\ Ksr rl•e I• — 320 t r+t-oeot• 4'` `` Y3 371 wigs \ . riT1 + t6 327 \ 7W140' e.oDoms W tEvm 1 o 1s, J7v11 LM 167 q1A N.QWOO 231 eo1 tae MTCHM AREA /S 774E APMOXIM47E TAKM -- OWNER• MEMORIAL HOSPITAL OF SOUTH BEND, INC PARCEL; 4 DRAWN Br R J. McCOOL 9-15-7015 PROJECT 114-035 CHECKEO BY, D.L. WITTE 10-30-2015 ROAD; MIMISW S1RM MAIN MUT INSMVU&VT +911J044, 6tAiEeO 5-01-1991 MARION STREET INS1Rumar , 98.78888, DATED 7-23-1998 COUNTY.• Sr JOSEPH m RdMENr %9855447, DA7E0 10-23-1998 SrorION.• 1 INS7RUMENrA9857969, A4rE0 I1-06-1998 TOWNSHIP.• 37 N. INSTRUMENT J015151J, my t0 -a -m1 RANGE• 2 E Al noaslons shown are from the above Noted Record Oocumenfa. 4 11-12-15 REVISED PER DESIGN CHANGE R.J. MCCOOL 11 IC44 Title: Parcel 4B Fee Simple Revised I Date, 11.09.2015 Scale: 1 inch — 8 fleet Filo; Paroel 4F- DP,txt Tract 1: 0.021 Acre$: 923 Sq Feet: Closure -° s49A016w 0.01 Feet: Preolslon —1113254; PerhWer-141 Feet 00)=A0.2835w 33.00 004=s42.265Sw 70.61 002=d9,4542e 46,57 005-05.1213w 15,10 003ms58A753w 10.77 006-s89.4542w 14.46 EXHIBIT "A" Project: 114-035 Parcel: 4F FEB SIMPLE Key U. 71-08-01-378-001.000-026 A part of Lot 141 in the Original Plat of the Town (now City) of South Send, Indiana, the plat of which is recorded in Plat Book 1, Page 1, in the Office of the Recorder of St. Joseph County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right -of -Way Parcel Plat marked Exhibit "B", described as follows: Beginning at the northwest corner of said lot; thence North 89 degrees 45 minutes 42 seconds Bast 75.00 feet along the north line of said lot to the northeast comer of the tract of land described in Instrument #9855447; thence South 0 degrees 28 minutes 35 seconds East 20.30 feet along the east line of the tract described in said Instrument #9855447; thence South 77 degrees 00 minutes 06 seconds West 0.74 feet to point "330" designated on said plat; thonee South 68 degrees 29 minutes 27 seconds West 20,64 feet to point "329" designated on said plat; thence South 58 degrees 47 minutes 53 seconds West 9.83 feet to the south line of the tract described in said Instrument #9855447; thence South 89 degrees 45 minutes 42 seconds West 46.57 feet along said south line to the west line of said lot; thence North 0 degrees 28 minutes 35 seconds West 33.00 feet along said west line to the point of beginning of this description and containing 2,275 square feet, more or less. This description was prepared by Beam, Longest and Neff, L.L.C., for the City of South Bend, Indiana as part of the Roundabout Intersection at Marion, Michigan and Main Streets Project, 13LN #140069. Dewey L. Date Indiana Registered Land Surveyor License Number L929800022 REVISED 11/09/15 oQ tttttt,,,, w, Q4r4 Q s o fif No. L629euoon 87ATE OF mfr yDIA P • meq``* s rrtNlHa°°° N EXHIBIT u B17 R/W PARCEL PLAT Prepared for the City of South Bend, IN by Boom, Longest & Neff L,L C. (Job #140109) F •t• z o, «+ aF av v av rcq 255 -` S2* - yS ?W_54Gk lyserar' tov..+ r Ntl ieoaz RESIDUE C s 1 WT "' L nur.r DES t vActisu,aslsv—` w-. WTr7,9 0 809 g 311 ` 126 LOT A t7 Ray M 0101.1*101 ..W.V46 aRYgl r. T 776.9pf.90GA1G t p. 333 J JSD WT125 RESIb:iE D 2 7 LW 124 t r eo > one '0 113 el MAIUON &T, e s – lhse T •s °4 J MAN i b .254 xer 4zt sa•m- 38S nsaws 261 111 S4.trai o'°' 0001- 6 A1' .:. _ '' / araoos,000•aa + , syaea.axi•ose 18 { wsr041. sss•mos– 84 W . wr,sv is U wrt4r - RESIDUE B I ilrid ut. rmY4r•o1•oi._ 1df160 a 314324 P — WPI40 lewsu000a,a j} t 3i _ X 1111 itis l 1 LOr rd9 4 4.L" lag YAWs Atilr Wrl3A HATCHED AREA 1S THE APPRaYON TE TAKW — OWNER., MEMORIAL HOSPITAL Of SOUTH MEND, INC. PAICEZ; 4 DRAWN BY., Ral McC001 9-15-2015 PRWECr, 104-035 CHECKED BY- D.L. WITTE 10–JO–.9015 R040: 611LY1r.W SIRCIT, MAIN STREET INSTRUMENT 0'9113044, OAWO 55-01--1991 MARION STREET INSTRUMENT ,¢'9838888, D,4WD 7-23-1998 1 COUNMI Sr JOSEPH INS'7) umr J.9855447, DATED 10–IJ-1098 SECTION: 1 Immimmr J9857969, 614TE0 11-08-1998 INSTRUMENT /0151513. @4160 10–f-9-201 70WNSNIP. . 2 E. N. Dimemlons shoWn are from the above Haled Rocwd Oacymmis RANGE.' 2 11--12-15 REVISED PER DFSIGN CHANGE R.J. MCC00L ISH 75. 00 nso° 4s" We s84` 45' 42` w 4557 ITitle: Parcel 4F Fee Simple Revised Dwe: 11- 09- 2015 Scale: l inch = 10 be File: Pamel 4F DP. vd Tata 1: 0. 052 Aaes: 2275 Sq Fat C7osms = DQ, 4208c 0. 01 Feet Pnxisim - 147834: Paka dw— 206 Fed 001= a89. 4542e 75. 00 004-- s6t2927w 20. 64 007= nDM5w 33. 00 OO2- A 2835e 2030 005- SSL4753w 9. 83 003= s77A006w 0. 74 006ms89A542w 4657 EXHIBIT "A" Project: 114-035 Parcel: 4t3 FEB SIMPLE Key #: 71-08-01.376-006.000-026 A pail of Lot 141 in the Original Plat of the Town (now City) of South Bend, Indiana, the plat of which is recorded in Plat Book 1, Page 1, in the Office of the Recorder of St. Joseph County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right -of --Way Parcel Plat marked Exhibit "B", described as follows: Beginning at a point on the north line of said lot South 89 degrees 45 minutes 42 seconds West 50.00 feet from the northeast corner of said lot, which point of beginning being the northeast corner of Parcel I described in Instrument #9857969; thence South 0 degrees 28 minutes 35 seconds East 14.36 feet along the east line of said Parcel I to point "384" designated on said plat; thence South 85 degrees 27 minutes 50 seconds West 20.64 feet to point "383" designated on said plat; thence South 77 degrees 00 minutes 06 seconds West 19.89 feet to the west line of Parcel I designated in said Instrument #19857969; thence North 0 degrees 28 minutes 35 seconds West 20.30 feet along the west line said Parcel I to the north line of said lot; thence North 89 degrees 45 minutes 42 seconds East 40.00 feet along sold north line to the point of beginning of this description and containing 663 square feet, more or less. This description was prepared by Beam, Longest and Neff, L.L.C,, for the City of South Bend, Indiana as part of the Roundabout Intersection at Marion, Michigan and Main Streets Project, BLN #140069, l Dewey I .Witte Indiana Registered Land Surveyor License Number LS29800022 REVISED 11/09/15 i Date y`•4 r8re:fio." STATE OFAr r1N,S rrIJ' r F V n1inrrtttt EXHIBIT 11811 N R W PARCEL PLAT ed 'i of South Bend INPrepurfortheCitySth , by Boon), Longest & Neff L,L.C• (Job #140109) 1 c wl. 0. 50 0 260 --- — N•• PpF P 1l sa" r.. Im_ I 10.721RESIDUE CSS a ` jI t wee° IN y L Al UX v @I im — LOT 167 ti t OIeV 8 391 wr 126 o tars 4--y= 1 K699TI•M4la05.01D.00D-016 , lm/11•eo- 1• Iitori!: id 1d r aTsawolamo j t °p•3tGH i+VTt91 _ • RESID E A t o,Atl r w V' LOT I61 I \ 2 51.10 so e :__ 161e'D' ea_ MARION ST. B1 line ' as L. a yngn kc anF tn: q n1a141- 269 fur nl•as o1- 30303 will-wol• ` aS6e61 diF1 W ` s'41 0416 2IW 3"1100 " -00600?47A I T$1 281 - - — — — ,--1INf i71iN eO 4Cia\'1 lel" Ll 1259 LOT U7 I ! I L"w -RESIDUE B tj 6 k891T10l1• •' xv 01.09.01• i !1!400.011 •26 .{' B SN-00.1000d'fE WT laB . ! ROT 110 1 Iy}ii• LOT 199 fig 7 YACA7lL h1,7,djS { IgTla9 wmm HAMHE0 AREA IS WC APPR"IMATE TAKING ) I 1 r1Jf v1lT MEMORIAL HOSPIML OF SOUTH BEND, INC. PMCEL; 4 DRAWN BY.' R•J. MCCOOL 9-15-2015 J PROJECT.• 114-035 CHECKED BY.' D.L. WT1TE 10—J0.-2015 I R040, micy w srRaw maN smar lNSTRUMkNT X9113041; DAMV —01-199.1 F MARION SiRELT P6rR4MENT 1'98J888Q D4MD 7-23-1998 COUNTY.' ST. JOSEPH INSMWENT 19855447, DA/ED 10-201-1998 SECTION' 1 INSTRUMENT 19857969, 44?ED 11-08-1998 INSTRUMENT x/0181513, HATED 1D-12-2001 I TOWNSHIP., 37 N. RANGE. 2 E. 06mns/ons shown are from The above listed Record Documents, 1t-12—i5 REVISE_ PER DESIGN CHANGE R.J. McC001 40. 00 aS4° 4S' 4M' t 5cv 20- 64 Tide. Pa= l 4G Fee SmWle Revised Scale: l inch= 6 feet File: Parcel 4G DP to Trent 1: 0. 015 A= m 663 Sq Feet C7os=- 588S308e OMI Fed PRasion= 1f11195: Perkmlm- 115 Feet 001 / s89. 4542w 50. 00 004- sfiT_ 0006w 19M 002- 50. 283501436 005A02E35w 2030 003 M - 2750w20. 64 006 - n89 - 4542e 40- 00 Dale: 114& 2015 EXHIBIT iOA" Project: 114.035 Parcel: 4H FEE SIMPLE Key #: 71-08-01-305-019.000-026 A part of Got A in the Original Town of South Bend Memorial Hospital Replat Subdivision, the plat of which is recorded in Instrument #9838888, in the Office of the Recorder of St. Joseph County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right -of -Way Parcel Plat marked Exhibit `B", described as follows: Beginning at a point on the south line of said lot North 89 degrees 45 minutes 42 seconds East 6.38 feet from the southwest corner of said lot, which point of beginning being designated as point "331" on said plat; thence North 68 degrees 58 minutes 44 seconds Fast 49.59 feet to point "332" designated on said plat; thence North 54 degrees 07 minutes 27 seconds East 62.40 feet to point "333" designated on said plat, which point is on the southeastern line of said lot; thence Southwesterly 75.41 feet along an arc to the right and having a radius of 301.00 feet and subtended by a long chord having a bearing of South 43 degrees 55 minutes 34 seconds West and a length of 75,21 feet to the southeast corner of said lot; thence South 89 degrees 45 minutes 42 seeonds West 44.67 feet along the south line of said lot to the point of beginning of this description and containing 927 square feet, more or less. This description was prepared by Beam, Longest and Neff, L.L.C., for the City of South Bend, Indiana as part of the Roundabout Intersection at Marion, Michigan and Main Streets Project, BLN #140069. Dewey L. V,litku Date Indiana Registered Land Surveyor ti 4 ti'e License Number LS29800022 t.tj2aptwoz2 — STATE OF Aj, 40 I; UFt\l N EXHIBIT "Y' R/W PARCEL PLAT Preparers for the City of South Rend, IN by Beam, Longest & Neff L,L.C. (Job #140109) 1dI 0 as v eo roo — t 0y1` sY i .Too X1056 1W bi pfF1 RESIDUE C yO IN LOTI1<T I L Ado., r000 341 Lm m i g liiY e71-0sA1S06-B19A00 0 q,Y p!-0 i• } WY }Ss 'LDalN y Yl6EO8AOh CidUffIlls r Q oF, psi`` RE51q E D z yp p10 l lAT l61 * 337 W1y141 w b2 ' st.16 "W eo e2 Linea 1` & oaf AIARIoNsT. 81 llne i`" e2 I s otowt- 254 ire i•w•e}• eeYI } I -C i et. 1' taooaaa .y. ar+a i or, o .,u. . • ara 15' to 61 F q58 3J0 Tb !B Im t,il10TI67 g -RESIDUE 8 aucef aso at 328MY113-aboi-. p 3) Ix 361 \ _ 2 — L07l,0 qti V - 11 328 dde y IAT 36e fn p11 sq b wq rn l •1Gt`Q 1, pl W! I37 VhekIBIIAWCV ioTiae a HATCHED AREA IS THE APPROXIMATE TAKING OWNEtl' MEMORIAL HOSPITAL Of SOUTH BEND, INC, PARCEL; 4 DRAWN 9Y.' R.J. MCCO04 9-15-2015 PROJECT 114-035 CHECKED BY.' D.L. WME' 10-30-2015 ROAD.' 4#QVIM SAPfEI, MIN SIRM I ^TRUM£NT ,0'9113044, CA Wo 5-01-1991 MARION SWEr IN8IRUMrNr X9"86$ D47M 7-23-1998 COUNIY.. Sr JOSEPH INSIRUMENr 19855447, DATED 10-23-1996 SECTION., 1 INSTRUMENT X9857969, DATED 11-06-1996 INSTRUMENT 1.0151513, DATED 10-12-200! RANCE:' TO ot'.' IP. 2r 37 N. Dimenslons shown are from the obove Med Record Documents, 11-12-15 REVISED PER DESIGN—CHANGE R.J. MCCOOL 0 6 tipAA r+ su9.43'47.'w s 41.61 — Title: Parcel 4H Fee Simple Date: 10.28-2015 Scale: l inoll =15 feet _JFilo: Parcel 4H DP.t d Tmot 1: 0,021 Acres: 927SgPact: Closuroe072.1042wO,01 Feet: Precision -103111: Pbrlmeter-232Faet 001-M89,4542a 6.38 00-04.0727e 62.40 003-s89.4542w 44.67 002—n68,5844a 4959 n.s14 o0 EXHIBIT "A" Project: 114.035 Parcel: 4K FEE SIMPLE Key #: 71-08-01-376-006.000-026 A part of Lots 124, 125 and 126 in the Original Plat of the Town (now City) of South Bend, Indiana, the plat of which is recorded in Plat Book 1, Page 1, in the Office of the Recorder of St. Joseph County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right -of -Way Parcel Plat marked Exhibit "B", described as follows: Beginning at the southwest corner of said Lot 124; thence North 0 degrees 28 minutes 35 seconds West 138.76 feet along the west line of Lots 124,125 and 126 to the northwest comer of the tract of land described in Instrument #9113044; thence North 89 degrees 45 minutes 42 seconds East 6.50 feet along the north line of the tract of land described in said Instrument 9113044 to point "341" designated on said plat; thence South 0 degrees 28 minutes 35 seconds Bast 44.12 foot to point "340" designated on sold plat; thence South 13 degrees 58 minutes 20 seconds East 25.71 feet to point "339" designated on said plat; thence South 24 degrees 42 minutes 15 seconds East 21.93 feet to point "338" designated on said plat; thence South 34 degrees 09 minutes 59 seconds East 18.03 fleet to point "337" designated on said plat; thence South 48 degrees Of minute 12 seconds East 19.35 feet to point "336" designated on said plat; thence South 62 degrees 09 minutes 22 seconds East 34.00 feet to point 935" designated on said plat; thence South 80 degrees 55 minutes 18 seconds Bast 35.47 feel to point "334" designated on said plat, which point is on the south line of said Lot 124; thcnce South 89 degrees 45 minutes 42 seconds West 110.68 feel along said south line to the point of beginning of this description and containing 3,269 square feet, more or less. This description was prepared by Beam, Longest and Neff, L.L.C., for the City of South Bend, Indiana as part of the Roundabout Intersection at Marion, Michigan and Main Streets Project, BLN # 140069. Cffice FEB 0 DAWN M. JONES CITY CLERK SOUTH BEND, IN Dewey L. Witte Date Indiana Registered Lund Surveyor LS298ODD22 License Numbet LS29800022 STATE OF itr,9 QIAW'.' a( A %4 REVISED 11/12/15 Cffice FEB 0 DAWN M. JONES CITY CLERK SOUTH BEND, IN Public Vacations Checklist Petitioner:%]ll14 , Address/ scri tion: v ter+, w 7dPlmay_ Bill No. 0,57--,R3 J ------- 1. 1. Have you been through Engineering/Board of Public Works? VYes FEB U 2 4UZ3 VReceived recommendation documentatio ? L_.. `- F1 No DAWN i0. JONES CITY CLERIC, SOUTH BEND, IN 2. Filing Documents Completed Vacation Petition Ordinance 150' Radius Map 11 Addressed envelops w/ postage Payment Receipt # 3. Reading Schedule First Reading,4 16 13 2nd/3d Reading Date passed? Effective Date? Ordinance No. 4. Public hearing notification D To 150' list date Petitioner Ci Public Works/Engineering r, Vacation & Public Works Committee 5. Advertising Public Hearing advertisement Passed advertisement (in full) 6. Effective Notification date (30 days after passage publication) Electronic notification sent (include ordinance) 7. Certifications Recorder (no blue back) Petitioner Auditor (include map) Area Plan Commission Electronic LlAssessor 11Board of Public Works Copies Receipt Name Mailing Address Proper Address School City of South Bend 834 N Lafayette Blvd. 7019 0700 0001 1221 8188 Leeper Park I 837 N. Lafayette Blvd. 7019 0700 0001 1221 8171 834 N Lafayette Blvd. Parcel # 018-1010-0366 837 N. Lafayette Blvd. Parcel # 018-1005-0198 City of South Bend BOARD OF ZONIN.G APPEALS March 7, 2023 Common Council of South Bend 227 W. Jefferson Blvd, 4th Floor South Bend, IN 46601 County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 Filed in Clerk's Office MAR O 7 2021 DAWN M. JONES CITY CLERK, SOUTH BEND, IN Re: Bill# 01-23: The petition of JJB HOMES LLC seeking a Special Exception for Restaurant in the UF Urban Neighborhood Flex for property located at 2621 MISHA WAKA A VE. Dear Council Members: I hereby Certify that the above referenced petition of JJB HOMES LLC was legally advertised on February 24, 2023 and that the South Bend Board of Zoning Appeals at its public hearing on March 6, 2023 took the following action: Upon a motion by Kaine Kanczuzewski, being seconded by Mark Burrell and unanimously carried, a petition by JJB HOMES LLC seeking a Special Exception for Restaurant for property located at 2621 MISHAW AKA A VE, City of South Bend, is sent to the Common Council with a favorable recommendation, and will issue written Findings of Fact. The staff comments related to this petition are attached. The Findings of Fact will be adopted at the next South Bend Board of Zoning Appeals meeting. Minutes of the public hearing are available in our office and will be posted on our website once approved. If you have any questions, please feel free to contact our office. S/)ely,. 'J>t. ��mith Zoning Administrator Attachment CC: JJB HOMES LLC BILL NO. 01-23 JAN 11 ZU:.3 BILL NO. 01-23 iL- ., ORDINANCE NO. 10915-23 CITY CLEH, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING A PETITION FOR A SPECIAL EXCEPTION FOR THE PROPERTY LOCATED AT 2621 MISHAWAKA AVE SOUTH BEND, IN 46615 COUNCILMANIC DISTRICT NO.3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow the property to operate a restaurant. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5- 5, requesting that a Special Exception be granted for property located at: 2621 Mishawaka Ave. South Bend, IN 46615 (018-6065-2231) In order to permit a Restaurant SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety,comfort, community moral standards, convenience, or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located, and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; Staff Report -BZA#0169-23 March 6, 2023 Property Information Location : 2621 MISHAWAKA AVE Owner: JJB HOMES LLC Project Summary Establish a restaurant Requested Action Special Exception : Restaurant Variance( s ): 1) from the required 1 streetscape tree for every 30' of street frontage to none 2) from the required 1 shrub for every 5' of facade foundation landscaping to none Site Location Staff Recommendation Based on the information provided prior to the public hearing, the Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. The Staff recommends the Board approve the variances as presented. SO UTH B EN D BO A RD O F ZON I NG A PP EA L S Page I of4 Staff Report -BZA#O 169-23 Proposed Site Plan ,j . ~ ·.1. I ' 1 s Br Slab ( 3000 ~OIJll'G I ~l-1 1tl 1• r r I External door --------------------------l..1 32 .~ 15 I , St udio Ooset Bathroom , .. I ' sea tln garea 56 ,, I Kitchen 16 40 Stor age -... 8 ' \ March 6 , 2023 SOUT H BEND BO A RD OF ZON I NG A PP EA L S Page 2 of4 I Staff Report -BZA#0169-23 March 6, 2023 Criteria for Decision Making: Special Exception A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The proposed use is appropriate for the location and should not be injurious to the public health , safety , or general welfare of the community . (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed use would be in a building that was previously a veterinary clinic along a commercial corridor, so it should not adversely impact the use or value of adjacent properties. Reinvesting in the existing building should improve the site. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The site is located along a commercial corridor with a mix of commercial and residential uses. The proposed use is consistent w ith the character of the UF Urban Flex District and the Mishawaka Ave Corridor. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. City Plan (2006) (Objective ED2) recommends the city "Retain existing businesses and recruit new ones to the city ." Allowing a restaurant use on this site will help recruit a new business to the city in an appropriately located area . Criteria for Decision Making: Variance(s) State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community The approval should not be injurious to the public health , safety or general welfare of the community. The area was developed in an Urban manner pushing the buildings closer to the property line. Installation of the code compliant landscaping may reduce the sidewalk to a width that is not ADA compliant. (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner The use and value of the area adjacent should not be affected in a substantially adverse manner, The site has existed without foundation landscaping or streetscape trees since it was constructed . There will be no change that would affect the use or value of adjacent properties. SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4 Staff Report-BZA#0l69-23 Mar ch 6, 2023 (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property The strict appl ication of the terms of th is Chapter would result in practical difficulties in the use of the property because the building was developed on the property line and there is no established tree lawn so the building would have to be demolished and relocated on the property . (4) The variance granted is the minimum necessary The variance requested is the minimum necessary because there is no space between the build ing and ROW line to install landscaping safely. (5) The variance does not correct a hardship cause by a former or current owner of the property The variance granted does not correct a hardship caused by a former or current owner because the ROW lines are not determined by the property owners . Analysis & Recommendation Analysis: The site had been used as a veterinary clinic for many years . Allowing the use to be reestabl ish on the commercial corridor will allow a vacant building to be rehabilitated into an active business . The area was developed in an Urban manner pushing the buildings closer to the property line , installation of code compliant landscaping reduces ADA compliance and safety of pedestrian traffic . Staff Recommendation: Based on the information provided prior to the public hearing , the Staff recommends the Board send the Special Exception to the Common Council w ith a favorable recommendation . The Staff recommends the Board approve the variances as presented. Filed in Clerk's Office MAR O 7 2023 DAWN M. JONES CITY CLERK, SOUTH BEND, IN SO UTH B EN D BOARD OF ZO N I NG A PP EA L S Page 4 of4 City of South Bend BOARD OF ZONING APPEALS February 6, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 2621 Mishawaka Ave Dear Committee Chair Hamann: Filed in Clerk's Office FFR'07 ?n?'� DAWN M. JONES CITYCLERK. SOUTH BEND, IN Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your February 6, 2023, Council meeting and set it for public hearing at your March 13th, 2023, Council meeting. The petition is tentatively scheduled for public hearing at the March 6th, 2023, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: Request a Special Exception to allow for the property to operate a restaurant. The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, Rachel Boyles Zoning Specialist CC: Bob Palmer County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning ri! ffice City of South Bend JAN 112023 BOARD OF ZONING APPEALS DAWN M.JONES CITY CLERK. SOUTH BEND, IN January 11, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 2621 Mishawaka Ave Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your January 23rd, 2023, Council meeting and set it for public hearing at your February 13th, 2023, Council meeting. The petition is tentatively scheduled for public hearing at the February 6th, 2023, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: Request a Special Exception to allow for the property to operate a restaurant. The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, Rachel Boyles Zoning Specialist CC: Bob Palmer County-City Building I 227 W.Jefferson South Bend, IN 46601 1574-235-7627 www.southbendin.gov/zoning City of South Bend BOARD OF ZONING APPEALS RECEIVED JAN 0 2 2023 Petition for Variance - Special Exception Property Information Tax Key Number 018-6065-2231 Address: 2621 MISHAWAKA Owner: JJB HOMES LLC Zoning: UF Urban Flex Project Summary: I would like to establish a restaurant. The current location is Property Class 442, Corn Medical clinic/offices, and I would like to reclassify it as 430, Corn Restaurant/cafe/bar. Requested Action 1 Special Exception — complete and attach Criteria for Decision Making Use requested:Restaurant Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Q Completed Application (including Criteria for Decision Making and Contact Information) 0 Site Plan drawn to scale 1—) A I Filing Fee Per 22C(J Criteria for Decision Making Special Exception - if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: A restaurant would be in keeping with the neighborhood zoning and provide a family-style eatery. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The adjacent properties will not be injured or adversely affected because of the positive, family environment of the restaurant. 3)The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: The restaurant will further enhance the long established community character found on Mishawaka Avenue. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The restaurant will meeting intent of the Comprehensive Plan by offering a inclusive dining experience helping build a prosperous local community. Contact Information Property owner(s) of the petition site: Name: JJB HOMES LLC Address: 18517 CLEVELAND RD SOUTH BEND, IN 46637-4549 Name: Address: Name: Address: Contact Person: Name: Jose Botello Address: 18517 Cleveland Rd South Bend, IN 46637 Phone Number: 5743861923 E-mail: Jose.L.Botello.6@nd.edu By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: 50 3fit 74 1 s Br Slab 3000 6 a 4 HM CmCnpyG a tie 21 Externzl Corr 56 12 " Co basement y r,,alo 32 Ki,chen 16 oae. 4 t Asternal otor Bathroom 5 15 ornate rBoo 101 Seating area xtrrn,]I tl.`')t 24 f y External door 7 „_ __56 I E 12 .--- u I Storage V 10 basement 4: 11h % 1 8 1e s:L,diu e 32 K tuh,r) I 16 Closet s. I I % 11 I I 111•111 I 4 TrAmal 17-77 Bathroom 5F 1-- 1 11 .1 N I c E E tJ' 2 15 LI re nitre room 4,.. .. 40 s.,,,ting area Fi,P7.1 ''' ',-,-k's Office f xterna I(1,:ca' 24 JAN 1 1 20Z3 1L....,_ —• DAWN M.JONES CITY CLERK,SOUTH BEND,IN March 8, 2023 CITY OF SOUTH BE COMMUNITY INVESTMENT Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, Indiana 46601 Filed in Clerk's Office MAR 08 2023 DAWN M. Jo'NESCITY Cl��=:_OUTH BEND, IN RE: Declaratory Resolution: Industrial Development Real Property Tax Abatement Petition for the Robert Henry Corporation Dear Council Member Tomas Morgan: Please find the enclosed information pertaining to an industrial development real property tax abatement petitions submitted by the Robert Henry Corporation, an Indiana for-profit corporation. The petitioner plans to build a truck maintenance facility and new offices at 3161 Youngs Court and 2652 Jaclyn Court on the southwest side of South Bend. The Robert Henry Corporation plans to transfer operations to the new facilities from the current location on South Frances Street in the East Bank Neighborhood. This petition package includes: •Letter from the petitioner •Department of Community Investment's summary report •Petitions (one for each property for which the application is requesting an abatement) •Statement of Benefits forms (SB-1 / Real Property) •Supporting information The report contains the Department's findings relative to the above-mentioned petition. In addition to a new truck maintenance center and offices, Robert Henry Corporation will construct a worker training facility. The total private investment for the project is $10.595 million. The project meets the requirements established by Sections 2-82, et seq. and would qualify for a six year (6) industrial development real property tax abatement. Representatives from the Robert Henry Corporation will be available to meet with the Committee on Monday, March 13, 2023. 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 (574) 235-5898. Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 14005 County-City Building 227W. Jefferson Blvd. South Bend, Indiana 46601 p 574.235.9371 www.southbendin.gov BILL NO. 23-03 March 8, 2022 Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 Filed in Clerk's Office MAR O 8 2023 DAWN M. JONES CITY CLERK, SOUTH BEND, IN RE: Confirming Resolution: Multi-Family Residential Real Property Tax Abatement for 536 S. Main Street (SoMa Capital LLC) Dear Council Member Tomas Morgan, Please find the enclosed information pertaining to a multi-family real property tax abatement petition submitted by SoMa Capital LLC, an Indiana Limited Liability Company, to rehabilitate a building at 536 S. Main Street. On February 27, 2023, the Common Council approved Resolution No. 5005-23, the Declaratory Resolution. The Department of Community Investment will present the Confirming Resolution on March 13 for the Common Council's consideration. This petition package includes: •Department of Community Investment's summary report •Petition •Statement of Benefits form (SB-1 / Real Property) •Supporting information The report contains the Department's findings relative to the above petition. The petitioner plans to remodel the property into a 12-unit apartment building. The building is vacant and had fallen into neglect due to serious deferred maintenance following two fires (the most recent in 2021 ). The total private investment to rehabilitate and modernize the existing real property is $2.065 million. The project meets the qualifications for an eight-year (8) multi-family residential real property tax abatement, and a representative from SoMa Capital LLC will be available to meet with the Committee on Monday, March 13, 2023. 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 (574) 235-5838. Sincerely, .,,,----....._ r -. ) c.J _ _)Lr"' �� Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 14005 County-City Building 227 W. J fferson Blvd. South Bend, Indiana 46601 p 574.235.9371 www.southbendin.gov BILL NO. 23-09 CITY OF SOUTH BEN COMMUNITY INVESTMENT Filed in Clerk's Office Bill NO. 23-09 DAWN rviJONES RESOLUTION NO. 5006-23 CITY CLERK,SOUTH BEND,IN A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 536 South Main Street, South Bend, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT- YEAR (8) REAL PROPERTY TAX ABATEMENT FOR SoMa Capital LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area described as: Key Number: 71-08-12-306-006.000-026 Commonly Known As: 536 South Main Street, South Bend, Indiana 46601 Legal Description: Lot 36 Ex 821/2 Ft E End Samuel Martins Add be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1- 12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for multi-family real property tax abatement only and is limited to three(3)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 up to a period of eight (8) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17 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 seq. Year 1 — 100% Year 2— 100% Year 3 —95% Year 4-95% Year 5 —90% Year 6-90% Year?-85% Year 8 -85%0 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. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana, on the day of 2023, at o'clock .m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m. James Mueller, Mayo Filed in Clerk's Office City of South Bend MAR 082-0231 DAWN M.JONES CITY CLERK,SOUTH BEND,IN Filed in Clerk's Office MAR 0 8 2.023 DAWN M.JONES CITY CLERK,SOUTH BEND,IN MEMORANDUM OF AGREEMENT MULTI-FAMILY RESIDENTIAL REAL PROPERTY TAX ABATEMENT) This Memorandum of Agreement (Agreement) dated as of March 1, 2023, serves as confirmation of a commitment by SoMa Capital LLC and/or its Permitted Assign(as defined below) the"Applicant"),pending a March 13,2023,public hearing, to comply with the project description, job creation and retention (and associated wage rates and salaries) figures contained in its petition, Statement of Benefits,and attachments and this Agreement(the"Commitments"). 1. Property Associated with the Abatement and Responsibilities of the Applicant. At the time of this agreement, the property is located at 536 South Main Street, South Bend,IN 46601, and has Key Number 71-08-12-306-006.000-026. Throughout the duration of the abatement, the Applicant shall promptly report any changes in the address or Key Number of the property receiving the abatement to the Department of Community Investment and to the Office of the City Clerk. Moreover,the Applicant also shall report any material changes or improvements made to the property subject to the abatement including changes as the result of subdividing, replatting, or otherwise. The Applicant agrees that failure to promptly report changes can result in a finding of noncompliance on behalf of the Applicant under the commitments of this agreement. 2. Commitments of City and Applicant. Subject to the adoption of a Declaratory Resolution and a Confirmatory Resolution by the South Bend Common Council(the"SBCC"),the City of South Bend, Indiana, (the "City") commits to provide an eight-year (8) multi-family residential real property tax abatement for the Applicant, based on the Applicant's commitment set forth in its Application. The Applicant commits to a capital expenditure of approximately Two Million dollars($2,000,000.00) associated with the rehabilitation of an existing multi-family apartment complex. The Applicant guarantees that, for the duration of the abatement, at least twenty (20) percent of the units shall be available for use by low-and moderate-income individuals or families. 3. Applicant's Compliance with City and State Laws. During the term of the abatement, the Applicant shall comply with Chapter 2, Article 6, of the South Bend Municipal Code, entitled "Tax Abatement Procedures," and all governing provisions of the Indiana Code. During the term of this abatement,the City may annually request information from the Applicant concerning the nature of the Project, the approved capital expenditure of the Project, the number of full-time permanent positions newly created by the Project,and the average wage rates and salaries(excluding benefits&overtime) associated with the positions,and the Applicant shall provide the City with adequate written evidence thereof within fifteen (15) days of such request (the "Annual Survey"). The City shall utilize this information and the information required to be filed by the Applicant in the CF-1 Compliance with the Statement of Benefits form to verify that the Applicant has at all times complied with the Commitments after the Commitment Date and during the duration of the abatement and for no other purpose. The Applicant further agrees to provide the City with such additional information as may be reasonably requested by the City to determine Applicant's compliance with the Commitments and with local and state requirements within a reasonable time following any such request. Notwithstanding anything herein to the contrary, the Applicant acknowledges that the City may be required to disclose certain documents provided by the Applicant as required by a court order or applicable law. 1 Filed in Clerk's Office MAR o 8 7-02] r DAWN IVI.JONES CITY CLERK,SOUTH BEND,IN 4. Substantial Compliance and Rights of Termination. The City, by and through the SBCC, reserves the right to terminate the Economic Revitalization Area designation and associated property tax abatement deductions if it reasonably determines that the Applicant has not made reasonable efforts to substantially comply with all the Commitments,and the Applicant's failure to substantially comply with the Commitments was not due to factors beyond its reasonable control. As used in this Agreement, "substantial compliance" shall mean the Applicant's compliance with the following: (a) making real property expenditures of no less than Two Million dollars ($2,000,000.00) for the rehabilitation of a multi-family apartment complex and (b) guaranteeing that for the duration of the abatement at least twenty(20) percent of the units shall be available for use by low- and moderate- income individuals or families. 5. Factors Beyond Control. As used in this Agreement, factors beyond the control of the Applicant shall only include factors not reasonably foreseeable at the time of designation application and submission of Statement of Benefits which are not caused by any act or omission of the Applicant, . and which materially and adversely affect the ability of the Applicant to substantially comply with this Agreement. 6. Repayment of Tax Abatement Savings. If at any time during the term of this Agreement the Applicant shall: (a)be delinquent or in default with respect to any tax payment in St. Joseph County, Indiana;or(b)cease operations at the facility for which the tax abatement was granted;or(c)announce the cessation of operations at such facility, then the City may immediately terminate the Economic Revitalization Area designation and associated tax abatement deductions, and upon such termination, require Applicant to repay all of the tax abatement savings received through the date of such termination. 7. Notice/Hearing of Termination. In the event that the City determines that the Economic Revitalization Area designation and associated tax abatement deductions should be terminated or that all or a portion of the tax abatement savings should be repaid,it will give the Applicant notice of such determination, including a written statement calculating the amount due from the Applicant, and will provide the Applicant with an opportunity to meet with the City's designated representatives to show cause why the abatement should not be terminated and/or the tax savings repaid. Such notice shall state the names of the person with whom the Applicant may meet and will provide that the Applicant shall have thirty (30) days from the date of such notice to arrange such meeting and to provide its evidence concerning why the abatement termination and/or tax savings repayment should not occur. If,after giving such notice and receiving such evidence,if any,the City determines that the abatement termination and/or the tax repayment action is proper, the Applicant shall be provided with written notice and a hearing before the SBCC before any final action shall be taken terminating the abatement and/or requiring repayment of tax benefits. The Applicant shall be entitled to appeal that determination to a St. Joseph County Superior or Circuit Court. 8. Repayment. In the event the City requires repayment of the tax abatement savings as provided hereunder, it shall provide Applicant with a written statement calculating the amount due (the Statement"),and Applicant shall make such repayment to the City within one hundred twenty(120) days of the date of the Statement. If the Applicant does not make timely repayment,the City shall be entitled to all reasonable costs and attorneys' fees incurred in the enforcement and collection of the tax abatement savings required to be repaid hereunder. 2 Filed in Clerk's Office MAR 08 ?On I . DAWN M JONES CITY CLERK, SOUTH BEND,IN 9. Modification/Entire Agreement. This Agreement and the schedules attached hereto contain the entire understanding between the City and the Applicant with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, inducements, and conditions, expressed or implied, oral, or written, except as herein contained. This Agreement may not be modified or amended other than by an agreement in writing signed by the City and the Applicant. The Applicant understands that any and all filings required to be made or actions required to be taken to initiate or maintain the abatement are solely the responsibility of the Applicant. 10. Waivers. Neither the failure nor any delay on the part of the City to exercise any right,remedy, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right,remedy,power, or privilege preclude any other or further exercise of the same or of any other right,remedy,power,or privilege with respect to any occurrence or be construed as a waiver of such right,remedy,power,or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. 11. Governing Laws of Indiana. This Agreement and all questions relating to its validity, interpretation,performance,and enforcement shall be governed by the laws and decisions of the courts of the State of Indiana. 12. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the jurisdiction of the Courts of the State of Indiana and of the St.Joseph County Circuit or Superior Court in connection with any action or proceeding arising out of or relating to this Agreement or any documents or instrument delivered with respect to any of the obligations hereunder, and any action related to this Agreement shall be brought in such County and in such Court. 12. Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been received when delivered by hand or by facsimile (with confirmation by registered or certified mail) or on the third business day following the mailing,by registered or certified mail,postage prepaid,return receipt requested,thereof, addressed as set forth below: If to Applicant: SoMa Capital LLC P.O.Box L r 615 Aikv South Bend, IN 46624 Attn: Mark Neal, Co-Manager 3 Filed in Clerk`s Office MAR 08 20?:d I 1DAWNiii.JONES CITY CLERK,SOUTH BLEND,IN i If to the City: City of South Bend,Indiana 227 W. Jefferson Boulevard,Suite 1400S South Bend,Indiana 46601 Attn: Erik Glavich, Department of Community Investment 13. Assignment and Transfer Prohibited. This Agreement shall be binding upon and inure to the benefit of the City and the Applicant and their successors and assigns, except (a) that no party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party hereto, in which consent shall not be unreasonably withheld, and (b) Applicant may assign and transfer its rights under this Agreement to the Permitted Assign without prior written consent. "Permitted Assign" means the affiliated single purpose entity created for purposes of designing, constructing, owning, operating, and maintaining the apartment complex which is the subject of this Agreement. 14. Valid and Binding Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon,and all of which shall together constitute one and the same instrument. By executing this Agreement, each person so executing affirms that he has been duly authorized to execute this Agreement on behalf of such party and that this Agreement constitutes a valid and binding obligation of the party. 15. Severability. The provisions of this Agreement and of each section or other subdivision herein are independent of and separable from each other,and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part unless this Agreement is rendered totally unenforceable thereby.. 16. No Personal Liability. No official, director, officer, employee, or agent of the City shall be charged personally by the Applicant, its employees, or its agents with any liabilities or expenses of defense or be held personally liable to the Applicant under any term or provision of this Agreement or because of the execution by such party of this Agreement or because of any default by such party hereunder. Remainder of page intentionally blank.] 4 Filed in Clerk's Office MAR 08 ZOZ:i DAWN M.JONES CITY CLERK,SOUTH BEND,IN I IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. Applicant"City" SoMA Capital LLC City of South Bend,Indiana 9By: By: Mark Neal Sharon McBride Co-Manager President,South Bend Common Council Approved as to Legal Adequacy and Form this By: day of 2022. Rachel Tomas Morgan Chairperson,Community Investment Counsel, South Bend Common Council Committee r ty,„ 3 t By:r Erik Glavich Counsel for Applicant Department of Community Investment By: James Mueller Mayor 5 ice FEr 2 2 tU?' BILL NO. 23-06 I j RESOLUTION NO. 5005-23 M.JONES CITY CLLEHKN O JTTH BEND,IN 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 536 South Main Street, South Bend, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT- YEAR (8) REAL PROPERTY TAX ABATEMENT FOR SoMa Capital LLC WHEREAS, a petition for real property tax abatement have been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the areas described as: Key Number: 71-08-12-306-006.000-026 Commonly Known As: 536 South Main Street, South Bend, Indiana 46601 Legal Description: Lot 36 Ex 82 1/2 Ft E End Samuel Martins Add be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1- 12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS,petitioner has agreed to and has accepted responsibility to report any changes in the Key Number and legal description to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS,the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that each area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS,the Community Investment 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: Filed in Clerk's Office MAR 0 8 Z023 DAWN M.JONES CITY CLERK,SOUTH BEND,IN SECTION I. The Common Council hereby determines and finds that the Petitions 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 seq. for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation;and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment 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 Areas shall be limited to three (3) 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 six(8)years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code § 6-1.1-12.1-17. Year t — 100% B Clerk's OfficeYear2— 100% MAR 0 8 202:1 DAWN Ni.JONESCITYCLERK, SOUTH 8END,IN Year 3—95% Year 4-95% Year 5—90% Year 6—90% Year 7—85% Year 8-85% 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. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana, on the day of 2023, at o'clock .m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023,at o'clock m. Fit ffice James Mueller, Mayor _ Fu; ;: 2 ..;),•) City of South Bend Filed in Clerk's Office 1 DA WN M.JONES J CITY CLERK,SOUTH BEND,IN MAR 0 8 701.3 DAWN M.JUNES CITY CLERK, SOUTH BEND,IN TAX ABATEMENT REPORT TO: South Bend Common Council FROM: Erik Glavich, Director, Growth and Opportunity SUBJECT: Multi-Family Residential Real Property Tax Abatement Petition for SoMa Capital LLC (536 S. Main Street) DATE: February 22, 2023 On February 21, 2023, a petition for tax abatement from SoMa Capital LLC was filed with the Office of the City Clerk. The petition seeks consideration for a multi-family residential real property tax abatement for property at 536 S. Main Street in South Bend, Indiana. 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 Investment 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 all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. Project Summary The developer, SoMa Capital LLC, plans to rehabilitate the abandoned apartment building located at the northeast corner of S. Main Street and W. South Street. Built in 1915, the building has been vacant since a summer 2021 fire (a previous fire had also occurred) and had fallen into neglect due to serious deferred maintenance. SoMa Capital LLC will re-develop the building into 12 newly rehabbed apartments originally there were 8 apartments), totaling over 11,000 square feet and consisting of four(4) studios, five (5) one-bedroom and three (3)two-bedroom units. The building will receive all new mechanical, plumbing, fire, and electrical infrastructure. Each unit will have new HVAC systems and appliances. The building will have new windows, and the exterior brick facade will be restored. The building will include at least three (3)affordable units for low-to moderate-income households at 80% of AMI. Tax Estimates The petitioner qualifies for an eight-year(8) multi-family residential real property tax abatement. Taxes paid in 2022 for the existing property: $5,235 Total estimated taxes during the eight-year(8) abatement period: $342,850 Estimated taxes being abated during the abatement period: $213,157 Estimated total taxes to be paid during the abatement period: $129,693 Emplloyment Impact SoMa Capital LLC is an entity created with the intent of rehabilitating the property for which this abatement applies and adjacent properties. The organization does not have any current employees. Upon completion of the apartment building's rehabilitation, management of the building will be handled by the owners directly given their broad experience in building management(or indirectly with a third-party organization experienced in apartment management). This apartment building will require maintenance professionals, a property manager, and landscape services. The larger project, which incorporates land adjacent to the apartment building, will have an estimated 25 full-time employees upon its completion. The larger project will include the creation of an entrepreneur hub/co-working space along with a commissary kitchen and multiple small retail/entertainment spaces. Abatement Qualification 1. A review of the tax abatements previously granted, finds that the petitioner has certain partners who have been granted previous abatements on other properties and all have been satisfactorily maintained, administered and in compliance. a. Five-year(5) real property tax abatement; Resolution No. 4622-17; March 2017 2. The property is properly zoned for the proposed project. 3. Taxes on the property have been paid in full. 4. A review of the South Bend Redevelopment designation areas finds that the property is in the River West Development Area. 5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a (8) eight-year multi-family residential real property tax abatement under Division 2 (Residential Development Real Property Tax Abatement), Section 2-77 Multi-Family Residential Developments). 2 8-Year Abatement February 21,2023 SoMa Capital LLC South Bend Portage Township Residential Real Property Tax Abatement Schedule Type of Dwelling: Multi-Family Residence -12 units- Estimated Project Cost $ 1,965,000 Rehabilitation Property Address: 536 S Main Street,South Bend,IN 46601 Tax Key Number: 71-08-12-306-006,000-026 Without Current Abatement Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Assessed Value(AV) Land 6,600 $ 6,600 $ 6,600 $ 6,600 $ 6,600 $ 6,600 $ 6,600 $ 6,600 $ 6,600 $ 6,600 Structure(Current AV+80%Project Cost) 207,300 1,779,300 1,779,300 1,779,300 1,779,300 1,779,300 1,779,300 1,779,300 1,779,300 1,779,300 Gross Assessed Value 213,900 1,785,900 1,785,900 1,785,900 1,785,900 1,785,900 1,785,900 1,785,900 1,785,900 1,785,900 Abatement 100%100% 95% 95% 90% 90% 85% 85% Abatement Deduction 1,572,000) (1,572,000) (1,493,400) (1,493,400) (1,414,800) (1,414,800) (1,336,200) (1,336,200) Net Assessed Value 213,900 1.785.900 213,900 213,900 292,500 292,500 371,100 371,100 449,700 449,700 Property Taxes Assume constant tax rate of 5.2897% Gross Tax(Tax Rate x Net AV) 11,315 94,469 11,315 11,315 15,472 15,472 19,630 19,630 23,788 23,788 Local Tax Credit(8.2562%of GT-DS) 864) (7,210) 864) 864) (1,181) (1,181) (1,498) (1,498) (1,816) (1,816) Circuit Breaker Credit 5,318) (44,402) Taxes Due 5,133 $ 42,856 $ 10,451 $ 10,451 $ 14,291 $ 14,291 $ 18,132 $ 18,132 $ 21,972 $ 21,972 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% Circuit Breaker Cap 4,278 35,718 35,718 35,718 35,718 35,718 35,718 35,718 35,718 35,718 Debt Service(0.3997%of Net AV) 855 7,138 855 855 1,169 1,169 1,483 1,483 1,797 1,797 Max Tax Under the Cap 5,133 42,856 36,573 36,573 36,887 36,887 37,201 37,201 37,515 37,5/5 Combined Year Abatement Current Taxes New Net Taxes Current& Taxes Abated Due Projected Tax New Taxes Paid 1 100% $ 5,133 $ 37,723 $ 42,856 $ (32,405) $ 10,451_ 2 100% 5,133 37,723 42,856 (32,405) 10,451 3 95% 5,133 37,723 42,856 (28,565) 14,291 4 95% 5,133 37,723 42,856 (28,565) 14,291 5 90% 5,133 37,723 42,856 (24,724) 18,132 6 90% 5,133 37,723 42,856 (24,724) 18,132 7 85% 5,133 37,723 42,856 (20,884) 21,972 8 85% 5,133 37,723 42,856 (20,884) 21,972 Total: 41,064 301,786 342,850 (213,157) 129,693 This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2022 Payable 2023. Department of Community Investment The true tax values will ultimately be determined by the actual assessed valuation and the then-current tax rates. City of South Bend City of South Bend Y ; Petition for Incentives Petition must include a$250 filing fee payable to the City Clerk's Office before processing can be complete r General Information Project Name i Project Numyer Legal name as registered with Secretary of Scare SoMa Capital LLC rrn r. nn. Business structure limited liability i company websiten/a i __ 1 1 rI AU/AI AA (r-NCS Proposed Project Information 1 CITY CLERK,SOUTH I END. IN Proposed project address 1536 S. Main Street Parent company name ( none City,State,Zip South Bend, IN 46601 Legal owner SoMa Capital LLC Site acreage or acreage required 0.25 acres Its the real estate owned or I Owned Square feet of facility 111,212 Iif leased by whom Primary Contact Information Primary company contact name Mark Neal Title Co-Manager Address of company contact 321 S. Main St.,#306 Phone 574-339-9406 City,State,Zip 1South Bend, IN 46601 Email mneal@bradleyco.com Senior Official Information I Company senior official name I Tithe same as above Address of company contact rd different from Phone abgvvl City.State,Zip Email Consultant Information/Agent Hired business consultant/agent name 1 n/a Consultant release(Y/N) Address Local economic development partners aoproval n/NI City,State,Zip I Email Project Overview Brief description of your Redevelopment of a 1915 downtown apartment building which fell intocompany,project,and why the property is necessary for neglect due to seriously deferred maintenance and two fires in the last economic growth 5 years. Building would be expanded to 12 units (originally 8) with restored brick facade and completely new infrastructure of plumbing, electric, HVAC systems and new appliances. Leasing would target entrepreneurs or other innovation focused individuals (emerging small business owners) and include 20% affordable units at 80% AMI. This smaller residential development proximate to city resources (jobs, entertainment, leisure activty) will provide an enhanced community experience with greater population density to improve livability, safety and downtown dynamism. Certified Technology Park appropriate n/a Is the project in a Tax Incremental Financing TIF)area? H so.whirl,? Yes, River West Have Building Permits been issued?(Y/N) N O Number of residential units created by I1Gry Moto-Not Nltlble foe abntornent it Y.<1 If this Is a petition for personal property tax abatement,has the enuinment been installed n/a Investment Details Public Infrastructure needs(Off- Has any SO4 funding been What is the value of any equipment being purchased in What is the value of any equipment being site of project In dollars) received? Indiana for the project? purchased from out of state for the project? n/a No n/a 0 New Project Investments Calendar Year 2022 2023 2024 2025 2026 2027 2028 2029 Land Acquisition Ouilding Lease Payments BuHding Purchase Costs 2$7,rq CS Neve Building Construction Enir:v.Building Improvements 3.;.F;-soc New Machinery&Equipment Ogk rr-c.al Tooling/Retooling I CITY CLERK.SOUTH B NiJ,IN New Furniture/Fixtures 5.000 00 New Computer/IT Hardware I 3 25.COO 00 New Software On.s;te Rail Infrastructure 3n-site Fiber Infrastructure 7I TOTAL I $2+7.000.00 S21..coow $0.00 0.00 $0.000.00 $0.00 $0.00 J Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year lobs retained Total hourly Cumulative It of net NEW full time Hourly average wage,w/a Total training Total II to be wage w/o permanent jobs created at project benefits or bonuses,of expenditure- trained-not hinge or cumulative net new jobs not cumulative bonuses cumulative 2022 n/a I 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Provide hourly wage information for new employees in the following positions. Full time Part time Laborers n/a Technical n/a Managerial n/a Administrative n/a web ww oe tern momouai responsible ror coordinating with WorkOne on recruiting? I n/a Does your company have an EEO hiring policy? n/a Are you an EEO employer? n/ Please list the number of full time and part time minority and/or female employees for each of Please describe your commitment to the last three years: diversity and inclusion by detailing your outreach and recruitment efforts for the last Year 2022 2021 2020 three years as well as current policies. Full Time Part Time Full Time I Part Time Full Time Part Time Black N/A Hispanic Asian Indian Female Other I FEE 4 ..i Complete below for Real or Personal Property Tax Abatement only. !__— Please sign for all requested incentives. DA*'i M.JONES CITY CLERK,SOUTH BEND,IN Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. Please complete the table below with the appropriate information. If Qualify Earned Points Available Points Yes or No) you qualify for the points,please enter the full amount of available points. 1 Construction Related(Contractors): A. Employ Local Companies(75%) Y 20 20 B. Purchase Materials from Local Companies(75%)Y 20 20 C. Require Employees vs.Independent Contractors Y 19 19 D. Require Prevailing Wage(Davis Bacon)N 22 E Require Health Benefits Y 22 22 F. Require Retirement Benefits Y 18 18 G. Maintain Affirmative Action Plan Y 20 20 Sub-total Construction Related: 119 141 2 Wage&Benefit Related(OwnerJ; A. Pay Target Wage Levels n/2 33 B. Provide Health Benefits n/a 34 C. Provide Retirement Benefits n/a 29 D. Provide Training n/a 28 E. Provide Child Care n/a 15 F. Provide Transportation Assistance n/a 14 G. Provide Employer Assisted Housing program n/a 9 Sub-total Wage&Benefit Related: 0 162 3 Workforce Related: A. Create New Jobs n/a 42 B. Retain Existing Jobs n/a 41 C. Maintain Affirmative Action Plan Y 35 35 r1 D. Provide Targeted Hiring Preference 1/a 34 Sub-total Workforce Related: 35 152 4 Support a Municipal Facility: A Support a SB Municipal Facility(donations to the zoo,conservatory,museum,etc.) Y 84 84 Name of Facility I Sub-total Municipal Facility: 84 84 Sub-total from Above: 238 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal 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 state the above. Submitted By: Mark W.Neal Date: )2/16/23 1 FEE z .I For Staff Use Only Below This Line I I -- I CITY CLERK.SOUTH BEND, IN What is the current assessed value?Real Property: 1/3,Q/)O Personal Property: What is the projected assessed value? Real Property: I, 7 Q4 J,90 o Personal Property: What is the tax key number for this project? 7/ -e)er _/ w 30(.- 006 . coo - O 2...1 What is the six digit NAICS code? J, /v/'l Please attach a Google map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Tear One 20.L 2 5.a-3 S.0 b I 1 /aYearTwo Li S 1337 • 77 Year Three a°Lo 3 42. R. Year Pour LD 19 1 5.2.o 7. 34 Year Five '' ut, t , 7 45 t• 3 . 57 Please filloutthe following Public Benefit Summary Information and add to total from above. fY or Nl J Points I Points Public Benefit Item: Project Related: 5 A. Redevelop a Site that has Special Needs eI 1 49 B. Develop Based on Local University Research fJ Ii 35 1Achieve a Physical Element of a Plan d 36 ISub-total Project Related: 7.1q 120 6 Super Size Projects fpoint values are cumulative): A. 100%to 199% b 2,.5. 25 B. 200%to 299% Q 69 C. 300%to 399% 1 1 5 65 0. 400%and Over 4 5'2-- 52 Sub-total Super Size Projects: ZI b 210 7 Pay for Municipal Infrastructure: A. Pay for Oversizing or Upgrading 14 B. Pa:,for 26-50%of Extension Cost 26 C. Pay for 51-75%of Extension Cost 39 C Pay for 76-100%of Extension Cost 52 Sub-total Infrastructure Related: O 131 Total from Applicant Section: 37 539 Total from Staff Section: 5 4 461 Total Public Benefit Points: f 9 7 1000 c;!,, , -pr's . lice I 3.1-7-N STATEMENT OF BENEFITS FEB 1 '6?s I 20 PAY 20 4--• i:,- REAL ESTATE IMPROVEMENTS r State Form 51767(R6 I 10-14) Nx FORM SB-1 I Real Property Prescribed by the Department of Local Government F. ance I DAWN M.JONES Cl,CIA CLERK.SOUTH BEND, IN PRIVACY HOTICE This statement is being completed for real property thatquatifies unde - - _ • . . . -• Any information concerning the cost Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12.1-4) of the property and specific salaries paid to individual employees by the Residentially distressed area(IC 6-1.1-12.1-4.1) properly owner Is confidential per CI6-1 1-12.1-5.1. 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. 2. The statement of benefits form must be submitted to the designating body and the area designated en economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction,a Form 322/RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation Ls made or not later than thirty(30)days after the assessment notice is mailed to the property owner if it was mailed after April 10. A property owner who failed to file a deduction application within the prescribed deadline may file an application between March 1 and May 10 of a subsequent year. 4. A property owner who files for the deduction must provide the County Auditor and designating body with a Form CF-1/Real Property. The Form CF-1/Real Property should be attached to the Form 322/RE when the deduction is first claimed and then updated annually for each year the deduction is applicable. iC 6-1.1-12.1-5.1(b) 5. For a Form SB-1/Real Property that is approved after June 30, 2013,the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/Real Property that is approved prior to July 1, 2013. the abatement schedule approved by the designating body remains in effect. IC 6-1.1-12.1-17 SECTION 1 TAXPAYER INFORMATION Name of taxpayer SoMa Capital LLC 16Address of taxpayer(number and street,city{slate,and ZIP code) 15 W. Colfax Avenue, South Bend, iN 46601 Name of contact person Telephone number E-mail address I1 o_d 6-M bunt,, 574-286-7119 b.emberton@outlook.com SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number Common Council of South Bend Location of property I County DLGF taxing district number 536 S. Main St, South Bend, IN 46601 St. Joseph 026 Description of real properly improvements,redevelopment,or renabditahmn(use addeonal steels rr necessary) Estimated start date(month,day,yeahEstimated 2023 Redevelopment of a building into 12 new apartments with new electric,gas,water, HVAC a Estimated completion date(rronth,day,year) 03/31/2024 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salaries Number retained Salaries Number additional Salaries SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST I ASSESSED VALUE f Current values 1237000 1213900 1 Plus estimated values of proposed project 12065000 1 Less values of any property being replaced 10 1 Net estimated values upon completion of project 2302000 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER N/A Estimated solid waste converted(pounds)Estimated hazardous waste converted(pounds) N/A Other benefits SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Signature of authorized representative , \ Date signed(month,day,year) L.„-----.1 02/21/23 Pnnted name of authorized representative 1 Title Mark W. Neal Co-Manager Page 1 of 2 FOR USE OF;TNE.DESIGNATING BODY. ' ' We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be 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 0 Yes No 2.Residentially distressed areas 0 Yes 0 No C. The amount of the deduction applicable is limited to$ D. Other limitations or conditions(specify) E. Number of years allowed: Year 1 Year 2 Year 3 Year 4 C Year 5 ('see below) Year 6 Year 7 Year 8 Year 9 Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 5-1.1-12.1-17? Yes 0 N If yes,attach a copy of the abatement schedule to this form. If no,the designating body is required to establish an abatement schedule before the deduction can be determined. • 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 bile of authorized member of designating body) Telephone number Date signed(month,day,year) Printed name of authorized member of designating body Name of designating body Attested by(signature end title of atfester) Printed name of attester if the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that Is less than the number of years designated under IC 5-1.1-12.1-17. A. For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1,2013,the deductions established in IC 6-1.1-12.1-4.1 remain in effect.The deduction period may not exceed five(5)years. For a Form SB-1/Real Property that is approved after June 30, 2013,the designating body is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten 10)years. (See IC 6-1.1-12.1-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1,2013,the abatement schedule approved by the designating body remains In effect.For a Form SB-1//Real Property that is approved after June 30,2013,the designating body is required to establish an abatement schedule for each deduction allowed,(See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sec.17.(a)A designating body may provide to a business that Is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's investment in real and personal property. 2) The number of new full-time equivalent jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The infrastructure requirements for the taxpayer's investment, b) This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten(10)years. c) An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. I L _ DAV;N, otsjE$ CITY CLINK,SOUTH BEND, IN Page 2 of 2 536 South Main Street (Tax Key Number: 71-08-12-306-006.000-026) YII i I. ANEW N. illig• SouthSt tit . . View from Main Street looking east 0.J 7.:i7 ,_ '! 4: 4" 1 ,. 4k, k*R; x d yqa.4 m.' ? x,!+...:.. '.. 1. f mai i z I dC IL_ View from Main Street looking southeast T1——111111 4111011.111 I 1, i II s da' 4. 8 its • 1 i .. ..., W4 446ti'' VIA_ • '.: 44•.;''' , 1" iii '1"- i ag...•1 1 . ,. .., .. i -, - . • loot 1,...... - • -, View from South Street'looking north 1 $ Jo glil oil 11; 41:. ga, II i i Iliti,• a, I i gii I Ili 1 ill 1 Lr. J le , . mom Ink Irk. 14. 111111140011r. t gm- ilk - IFJ a titiliAvaiw„.,................awasii. ....m.....I'amailmourinemmoilimm.,,...4,- 40114 7.1.— View from the alley looking west ITIWIIIIIPIRTI;; i4 1 1. 6.ka, 14. N 13 if 0 CDI14 t . '`'' II P---, ,,, .. t..i .. ,p.:'Yis: •:‘,-le: 71:, -,:i. :,e.e:•,?k" r4. i i - A:',pt‘r •1.1.-''''' x,ek i :0';' tf-X i -1•1 '. F1'i i.—f'. ' '..,';;:.' ' •" — CD1....,. ''... CD pk. 111 1;7-- 1::::- 1 :0I - ' 7 -1 'A i. i 1 , m 01-..... .,4 .: V..1::',,t"-.F.--C'-XIMMININMIItC4el..4, I - I D IA '.4 -. .., =kti.:.4rea . '. - ir'''' i _ 'Ai . :: 1 ,\ i.._I 1-1 "'I 7., orrami.w....-. ow -- .'"Ille , ',...• 41.61 11---." • 4.7 ri ' 1111111'' OW.' 4, t 1 k, C---"-- 1- a ii . r.,..., li 1'.-- 1 I 1111111 i 1 1°' - . . ... .... A 4.4-t.. ,r. F.'i I 1 Millimill. 1- 1 Oil f 7.1,..,,,,,.,,••:,:;: 6„,,,...fokk •:.-•,- -' • •• - j z . .. 4. . 1,:-.',,i•....21::: ;1;,;;;;.7:;:1)::,,,A-..;..,,,,. ....404.7.-4--__ 3 i i.. i' l\ ri.•, 1__../1 / ,----/ 'i,..4 7-19%..:,,t..: i___, ,_ ../ ..,,,._•-• iIlt. : 1 .....i p ] sT3›r = i II Eil,..1 /0=-/ /49-'-:7' 41. i N iI `—. ,.•..'...:;” ...4 c in—Zi 4 0•M C:) 1a._ ..l'1,iCcCO MO Z Filed in Clerk's Office Vii!-s rffice I MAR 0 A 202;1 e,-4 STATEMENT OF BENEFITS FEB [ 1 `'f,)j DA`. p_i PAY.2 4-- REAL ESTATE IMPROVEMENTS f CITY ._7. IN State Form 51767(R6 l 10-14) 1. FORM SB-1 I Real Property - Prescribed by the Department of Local Government F ante DAWN M.JONES CI GLERK.SOUTH BEND, IN PRIVACY NOTICE This statement is being completed for real property that qualifies uncle -. , • •. • . . -. . • •- Any information concerning the cost Redevelopment or rehabilitation of real estate improvements(IC 6-1,1-12.1-4) or the property and specific salaries thepaidtoindividualemployersbythe o Residentially distressed area(IC 6-1.1-12.1.4.1) properlyownerIsconfidential per IC 6.1 1-12.1-5.1. 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. 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction,a Form 322/RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty(30)days after the assessment notice is mailed fo the property owner if it was mailed after April 10. A property owner who failed to file a deduction application within the prescnbed deadline may file an application between March 1 and May 10 of a subsequent year. 4. A property owner who files for the deduction must provide the County Auditor and designating body with a Form CF-1/Real Property. The Form CF-1/Real Property should be attached to the Form 322/RE when the deduction is first claimed and then updated annually for each year the deduction is applicable. IC 6-1.1-12.1-5.1(b) 5. For a Form S8-1/Real Property that is approved after June 30, 2013,the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/Real Property that is approved prior to July 1, 2013,the abatement schedule approved by the designating body remains in effect. IC 6-1.1-12.1-17 SECTION 1 TAXPAYER INFORMATION Name of taxpayer SoMa Capital LLC 16Address of tamayer(number and street,city state,and ZIP code) 15 W. Colfax Avenue, South Bend, IN 46601 Name of contact person Telephone number E-mail address 3;i_d g/fier+c,) 574-286-7119 b.emberton@outlook.com SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number Common Council of South Bend Location of property County DLGF taxing district number 536 S. Main St, South Bend, IN 46601 St. Joseph 026 Description of real property improvements,redevelopment,or rehabilitation(use addihonar sheets it necessary) Estimated start date(month,day,year) 4/01/2023 Redevelopment of a building into 12 new apartments with new electric,gas,water, HVAC a Estimated completion date(month,day,year) 03/31/2024 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salaries Num ter retained Salaries Number additional Salaries SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS 1 COST I ASSESSED VALUE I Current values 1237000 1213900 I Plus estimated values of proposed project 12065000 I Less values of any property being replaced 10 1 Net estimated values upon completion of project 2302000 1 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER N/A Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) N/A Other benefits SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Signature of authorized representative \ ` Date signed(month,day,year) I-___.------'02/21/23 Pnnted name of authorized representative 1 Title Mark W. Neal Co-Manager Page 1 of 2 1... . ... FOR USE OFTHE DESIGNATING BODY. ' . . We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be 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 3 calendar years`(see below). The date this designation expires is March 13, 2026 B. The type of deduction that is allowed in the designated area is limited to: 1.Redevelopment or rehabilitation of real estate improvements D32 Yes 0 No 2.Residentially distressed areas 0 Yes ®No C. The amount of the deduction applicable is limited to$ N/A D. Other limitations or conditions(specify) None E. Number of years allowed: Year 1 0 Year 2 0 Year 3 Year 4 0 Year 5 ('see below) Year 6 Year 7 IX]Year 8 0 Year 9 0 Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-17? 21Yes 0N If yes,attach a copy of the abatement schedule to this form. If no,the designating body is required to establish an abatement schedule before the deduction can be determined. • We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved(signature and title of authorized member of designating body) Telephone number Date signed(month,day,year) Printed name of authorized member of designating body Name of designating body Attested by(signature end title of abester) Printed name of attester f the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17. A. For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1,2013,the deductions established in IC 6-1.1-12.1-4.1 remain in effect.The deduction period may not exceed five(5)years. For a Form SB-1/Real Property that is approved after June 30, 2013,the designating body is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten 10)years. (See IC 6-1.1-121-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1,2013,the abatement schedule approved by the designating body remains In effect.For a Form SB-1/Real Property that is approved after June 30.2013.the designating body Is required to establish an abatement schedule for each deduction allowed,(See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sec.17.(a)A designating body may provide to a business that Is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's investment in real and personal property. 2) The number of new full-time equivalent jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The infrastructure requirements for the taxpayer's Investment. b) This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten(10)years. c) An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. FEB e 1 nn r ..__ DAWN IJNNES Filed in Cler s 1 ce+`sSOUTH BEND, IN Page 2 f:-------- MAR 0 8 2023MAR i-,.,wti 1\,( 71 CITY CLERK, oi.rn.t-REND,IN j r r::�_i in Clerk's Office f __ t::,R O 8 2023 C S B ,i,. Jr DAWN M. JONES ITY OF OUTH E1��rRK.SOUTHBEND,I N COMMUNITY INVESTMENT March 8, 2023 Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Declaratory Resolution: Commercial Development Real Property Tax Abatement for 7468 Vorden Parkway, LLC (Coast Southwest, Inc) Dear Council Member Tomas Morgan, Please find the enclosed information pertaining to an industrial development real property tax abatement petition submitted by Coast Southwest, Inc., a California S corporation. Coast Southwest is a chemical distribution and ingredient technology company. The company has formed an Indiana limited liability corporation named 7468 Varden Parkway, LLC, as a subsidiary of the parent company. Coast Southwest will construct a new building at 7468 Vorden Parkway on the northwest side of South Bend at the southwest corner of Varden Parkway and Didam Boulevard. This petition package includes: •Department of Community Investment's summary report•Petition•Statement of Benefits form (SB-1 / Real Property)•Supporting information The report contains the Department's findings relative to the above petition. The petitioner plans to construct a new distribution center on Varden Parkway. Once constructed, Coast Southwest will relocate their current distribution center from Illinois to South Bend. Relocating their distribution center to South Bend is anticipated to create 43 new jobs over the next 10 years. The average hourly wage will begin at $31.07 in year 1 and will increase to $44.31 at the end of the 10-year period. The total private investment to develop this new industrial real property is $8.203 million. The project meets the qualifications for a ten-year (10) commercial development real property tax abatement, and a representative from Coast Southwest, Inc., will be available to meet with the Committee on Monday, March 13, 2023. 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 (574) 235-5838. Sincerely, -,,.,..,----..,,<__)/Ve�_/ Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 14005 County-City Building 227 W. Jefferson Blvd. South Bend. Indiana 46601 p 574.235.9371 www.southbendin.gov BILL NO. 23-10 Fi! d in ClerLizi1 s O MAR 0 80; BILL NO. 23-10 DAWN M.JONES RESOLUTION NO. 5007-23 CITYCLERK,SOUTH BEND,IN 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 7468 Vorden Parkway, South Bend, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN- YEAR (10) REAL PROPERTY TAX ABATEMENT FOR 7468 Vorden Parkway, LLC WHEREAS, a petition for real property tax abatement have been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the areas described as: Key Number: 71-02-24-400- 018.000-037 Commonly Known As: 7468 Vorden Parkway, South Bend, IN 46628 Legal Description: Lot 13B W Business Park Major Sub02-03 New Replat 4013-16-2001 be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1- 12.1 et seq. and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS,petitioner has agreed to and has accepted responsibility to report any changes in the Key Number and legal description to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS,the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that each area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2- 76 et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS,the Community Investment 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 Petitions 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 seq. for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment 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 Areas shall be limited to three (3) 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 ten (10) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code § 6-1.1-12.1-17. Year 1 — 100% Year 2 —90% Year 3 —80% Year 4—70% Year 5 —60% Year 6-50% Year 7—40% Year 8-30% Year 9—20% Year 10— 10% 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. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana, on the day of 2023, at o'clock m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023,at o'clock m. James Mueller, Mayor City of South Bend 1 in Clerk's Office I',',R 0 8 2023 DAWN M.JONES Cm'ci ERK,SOUTH BEND,IN Cocist ouffi vest Fluid Thinking. Innovative Solutions: February 15, 2023 South Bend Common Council 227 W Jefferson Blvd South Bend, Indiana 46601 Re: City of South Bend Petition for Incentives -Coast Southwest, Inc. Dear Council Members and Staff of the City of South Bend: Attached please find Coast Southwest's City of South Bend Petition for Incentives for our project to relocate our current distribution operations from Illinois to South Bend, IN. Coast Southwest is a family-owned and operated chemical distribution company. Our business began in California, focused on the western states.Twenty years ago,we expanded to Texas through an acquisition. Over the last five years,we have undertaken an aggressive plan to expand nationally,from coast to coast. That plan includes creating a state-of-the-art distribution center in the center of the country to reach our Midwest and East Coast customers.We want that mission-critical initiative to be anchored in South Bend, starting with distribution, and then expanding with sales, research, and manufacturing capabilities. Not only is the State of Indiana the"Crossroads of America,"two generations of Coast Southwest's ownership are Notre Dame graduates. Our hearts are here. Locating this new facility and hiring new employees here in South Bend is a solid business decision for Coast South and also our way of honoring our long-standing connections to the people, places,and local business that we have come to know in a special way. Our connections began with Notre Dame about forty years ago, but now those connections are with the entire community.We want to give back to the Northern Indiana people, businesses, and community organizations that have given so much to us. We have already created opportunities for Indiana residents by contracting local design and construction services, hiring employees,and using Indiana-based services,wherever possible.That's just the first step. Phase 1 of the project is constructing a 94,000 square-foot facility designed to expand to 230,000 square-foot. Upon completion,we will relocate current distribution operations from Illinois to Indiana. South Bend will be our access point to hit the East Coast market. Optimal geographic location. The site includes offices, labs, and manufacturing, production, and distribution space. We have already hired a local South Bend firm, Holladay,to design and build this facility. We are sourcing as much equipment as possible from Indiana. We have commenced hiring locally for these expanded business functions.info@coastsouthwest.com Our first full-time employee is currently working in temporary office space.We have open 817.652.7400 requisitions for two more hires.We have engaged an Indiana-based recruiter, not only for these jobs but for roles in other locations. 608 111th Street Arlington, D(76011-7615 USA coastsouthwest.com CoastSou t"Nest rl T:, . .,, . cnlutions.. Wages earned by our employees exceed the local average. Our employee retention rate exceeds the industry average. We will add STEM jobs to the local economy, opportunities to attract and retain highly sought after graduates of not only Notre Dame, but more of Indiana's outstanding colleges and universities. Coast Southwest has a research alliance with Notre Dame. We are a pipeline with Notre Dame's college internship initiatives, providing paid internships to several students every year,with a special emphasis on STEM opportunities for women. We are an Equal Opportunity Employer—we hire the best and the brightest. We are eager to make our plans reality in Indiana.We are eager to hire more people and create more jobs.Thank you for your time and consideration. Sincerely, Olivia G. Cimo info@coastsouthwest.com 817.652.7400 608 111th Street Arlington,TX 76011-7615 USA coastsouthwest.com TAX ABATEMENT REPORT TO: South Bend Common Council FROM: Erik Glavich, Director, Growth and Opportunity SUBJECT: Industrial Real Property Tax Abatement Petition for 7468 Vorden Parkway, LLC (Coast Southwest, Inc) DATE: March 8, 2023 On March 8, 2023, a petition for tax abatement from Coast Southwest, Inc., was filed with the Office of the City Clerk. The petition seeks consideration for an industrial real property tax abatement for property at 7468 Vorden Parkway in South Bend, Indiana. The company has formed an Indiana limited liability corporation named 7468 Vorden Parkway, LLC, as a subsidiary of the parent company. 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 Investment 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 all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. Project Summary Coast Southwest, Inc., plans to develop a new distribution center on the lot located on the southwest corner of Vorden Parkway and Didam Boulevard on the City's northwest side. Once the distribution center is complete, Coast Southwest will move its current operations in Illinois to the new South Bend facility. Tax Estimates The petitioner qualifies for a ten-year (10) industrial real property tax abatement. Taxes in 2022 for the existing property: $1,367 Total estimated taxes during the ten-year (10) abatement period: $2,050,053 Estimated taxes being abated during the abatement period: $824,136 Estimated total taxes to be paid during the abatement period: $1,225,917 Employment Impact Coast Southwest currently has 1 employee in South Bend. Upon completion, the company intends to relocate operations from its current distribution center in Illinois to the newly built location. This will create 43 jobs over the next decade. The starting average wage in the first year will be $31.07 and is anticipated to reach 44.31 at the end of the abatement term. Abatement Qualification 1. A review of the tax abatements previously granted finds that the petitioner has not been granted or is associated with a previous abatement. 2. The property is properly zoned for the proposed project. 3. Taxes on the property have been paid in full. 4. A review of the South Bend Redevelopment designation areas finds that the property is in the River West Development Area. 5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a (10) ten-year industrial development real property tax abatement under Division 7 (Industrial Development Real Property Tax Abatement), Section 2-82 Industrial Development City-Wide General Standards). 2 10-Year Abatement March 8,2023 Coast Southwest, Inc. South Bend Warren Township Commerical Development Real Property Tax Abatement Schedule* Type of Property: Industrial Estimated Project Cost: $ 7,503,000 New Construction Property Address: 7468 Vorden Parkway,South Bend,IN 46628 Tax Key Number: 71-02-24-400-018.000-037 Without Current Abatement Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Assessed Value(AV) Land 27,700 $ 27,700 $ 27,700 $ 27,700 $ 27,700 $ 27,700 $ 27,700 $ 27,700 $ 27,700 $ 27,700 $ 27,700 $ 27,700 Structure(AV=80%Project Cost) 6,002,400 6,002,400 6,002,400 6,002,400 6,002,400 6,002,400 6,002,400 6,002,400 6,002,400 6,002,400 6,002,400 Gross Assessed Value 27,700 6,030,100 6,030,100 6,030,100 6,030,100 6,030,100 6,030,100 6,030,100 6,030,100 6,030,100 6,030,100 6,030,100 Abatement 100%90%80%70%60%50%40%30%20%10% Abatement Deduction 6,002,400) (5,402,160) (4,801,920) (4,201,680) (3,601,440) (3,001,200) (2,400,960) (1,800,720) (1,200,480) (600,240) Net Assessed Value 27,700 6,030,100 27,700 627,940 1,228,180 1,828,420 2,428,660 3,028,900 3,629,140 4,229,380 4,829,620 5,429,860 Property Taxes Assume constant tax rate of 5.2756% Gross Tax(Tax Rate x Net AV) 1,461 318,124 1,461 33,128 64,794 96,460 128,126 159,793 191,459 223,125 254,791 286,458 Local Tax Credit(8.0000%of GT-DS) 108) (23,522) (108) (2,449) (4,791) (7,132) (9,474) (11,815) (14,156) (16,498) (18,839) (21,180) Circuit Breaker Credit 412) (89,597)8,820) (35,745) (62,671) Taxes Due 942 $ 205,005 $ 1,353 $ 30,678 $ 60,003 $ 89,328 $ 118,653 $ 147,978 $ 177,303 $ 197,808 $ 200,207 $ 202,606 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% Circuit Breaker Cap 831 180,903 180,903 180,903 180,903 180,903 180,903 180,903 180,903 180,903 180,903 180,903 Debt Service(0.3997%of Net AV) 111 24,102 111 2,510 4,909 7,308 9,707 12,107 14,506 16,905 19,304 21,703 Max Tax Under the Cap 942 205,005 181,014 183,413 185,812 188,211 190,610 193,010 195,409 197,808 200,207 202,606 Combined Year Abatement Current Taxes New Current& Taxes Abated Net Taxes Due Projected Tax Paid New Taxes 1 100% $ 942 $ 204,064 $ 205,005 $ (203,652) $ 1,353_ 2 90% 942 204,064 205,005 (174,327) 30,678 3 80% 942 204,064 205,005 (145,002) 60,003 4 70% 942 204,064 205,005 (115,677) 89,328 5 60% 942 204,064 205,005 (86,352) 118,653 6 50% 942 204,064 205,005 (57,028) 147,978 7 40% 942 204,064 205,005 (27,703) 177,303 8 30% 942 204,064 205,005 (7,197) 197,808 9 20% 942 204,064 205,005 (4,798) 200,207 10 10% 942 204,064 205,005 (2,399) 202,606 Total: 9,417 2,040,636 2,050,053 (824,136) 1,225,917 This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2022 Payable 2023. tj'iik Department of Community Investment The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. City of South Bend Filed in Clerk's Office City of South Bend Petition for Incentives 4WNM.JON zSPetitionmustinduceo$250 filing fee payable to the City Clerk's Office CIT/CLERKc SOUTH PEND,INbeforeprocessingcanbecomplete General Information Project Name Project Number tag.Inameasregistered"ri"'Se`eta"ot Coast Southwest, Inc.sdig Business structure S-Corp Company website coastsouthwest.corn Proposed Project Information p°pOSedproject address 7468 Vorden Parkway Pa'a"tm'npa"t'"dite Coast Southwest,Inc. City,state,ap South Bend, IN 46628 Lep!owner 7648 Vorden Parkway, LLC Site acreage or acreage required 10.58 Acre Is th*re'll owned°f Owned e IfSquarefeetoffacility94,000 Sq. Ft leased by wham Primary Contact Information Primary company contact name Olivia Cimo Title Business Manager, Midwest Address of company contact 608 111th Street Phone (574)891-3300 x 218 City,State,np Arlington, TX 76011 Email ocimo@coastsouthwest.com Senior Official Information CompanysenIoroffitialname Bob Pietrusiak Title Vice President, Administration Address of company contact(If different from 505 S. Melrose Street P''°"° ( 714) 524-2777 x 140above), ry'State,Zip Placentia, CA 92870 Email rpietrusiak@coastsouthwest.com Consultant Information/Agent Hired business consultant/agent name Impending Torch, LLC ca"'") Y Adorns 430 N. Center St. Local economicdevelopment partners N approval fr/fi tt'State,Zip Longview, TX 75601 Email johnking903@yahoo.com Project Overview Brief description of your rampant.Pruitt,and why the Coast Southwest, Inc. seeks to expand our reach to Midwest and East property Is necessary for Coast customers. With the State of Indiana considered to the be the econkfaowm Crossroads of America", we feel South Bend will be an optimal location to expand our presence and allow us to relocate our current distribution operations from Illinois. Certified Technology Park appropriate No Is the project In a Tax Incremental iinandng River WestA:0F I areas Nth.which? l Certify that the Beading Permit has not been Not Issued Lit of reddottd laths crested fay 0issuedIY/M1 if this isaf°rpersooal Pr°Pertyt"abatement,has- Not at this timetheeQuipmentbeenIrmtaaed Investment Details Public Infrastructure needs(Off- Has any Std funding been What is the value of any equipment being purchased In What is the value of any equipment being site of project in dollars) received? Indiana for the project? purchased from out of state for the project? No No Unknown Unknown Filed in Clerk's Office New Project Investments_ Calendar Year 2022 2023 2024 2025 2026 12027 68 0 8 19091 Land Acquisition S SC3.000 00 i ((te e Ruikling lease Payments CITY Rr vVl,} CITY q_ERK gni raiz RFk D,IN • Building Purchase Costs New Building Construction a ec t CdOCIto Existing Buiklmg Improvements New Machinery&Equipment SC0,000.00 Special ToogneRetnoling New Furniture/Fixtures 100.000.00 New Computer/IT Hardware 75.000.00 teew Software 25,000 00 On-size Rail Infrastructure On lice Nber Infrastructure TOTAL 0.00 S 503.000.00 S 700000.00 0.00 $0.00 $O.00I $0.00 $0.00 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year lobs retained Total hourly Csanulative#of net NEW full time Hou sty average wage,w/o Total training Total It to be wage w/o permanent jobs created at protect benefits or bonuses,of enperdlhue- trained-not fringe or cumulative net new jobs not cumulative bonuses cumulative 2022 1 0 2023 2 31.07 2 2024 13 30.05 I 11 2025 16 33.28 3 2026 20 32.31 2027 24 37.54 2028 27 38.26 2029 30 39.16 2030 32 40.11 2031 36 43.52 2032 39 43.92 2034 43 44.31 Provide hourly wage Information for new employees In the following positions. Full time Pan time Laborers 24.35 Average N/A Technical 30 39 Average N/A Managerial 45.47 Average N/A Administrative 31.22 Average N/A Who and ne me ndMdual roepomoble for coordinavnj wnh war4nsonrnuchne Olivia Cimo a Does your company have an EEO hiring perky? Yes Are you an EEO employer? I Yes Please list the number of full time and part time minority and/or female employees for each of Please describe your commitment to the last three years: diversity and Induslon by detailing your outreach and recruitment efforts for the last Year 2022 202 1 02three years as weg as curem poGdes. Full Time Part Time Gull Time Part Time Full Time Part Time Black Coast Southwest is Hispanic 1 1 committed to hiring an and promoting the best Indian qualified candidates for Female 2 every position. other Filed in Clerk's Office fir;2023 Complete below for Real or Personal Property Tax Abatement Only. Daw i JONESPleasesignforallrequestedincentives. CITY CLERK SO BEND, Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. complete the table below with theQualifyPleaseappropriateinformation. H ( yes or No) Earned Points Available Points you qualify far the points,please enter the full amount of available points. 1 Construction Related(Contractors): A. Employ Local Companies(75%) Yes 20 2C B. Purchase Materials from Local Companies(75%) Yes 2C 20 C. Require Employees vs.Independent Contractors Yes 19 19 D. Require Prevailing Wage(Davis Bacon) Yes 22 2? E. Requ re Health Benefits Yes 22 22 F. Require Pension Benefits Yes 18 18 G. Maintain Affirmative Action Plan Yes 20 20 Sub-total Construction Related: 141 141 2 warm&Benefit Related(Owne1 A. Pay Target Wage Levels Yes 33 33 B. Prov de Health Benefits Yes 34 34 C. Provide Pension Benefits Yes 29 29 D. Provide Traimne Yes 2B 28 E. Provide Child Care No 0 15 F Provide Transportation Assistance No 0 14 G. Provide Employer Assisted Housing program No 0 9 Sub-total Wage&Benefit Related: 124 162 3 Workforce Related: 1 A. Create New Jobs Yes 42 42 B. Retain Existing Jobs Yes 41 41 C. Maintain Affirmative Action Plan Yes 35 35 D. Provide Targeted Hiring Preference Yes 34 34 Sub-total Workforce Related: 152 152 4 Sport a Municipal Facility: Support a SB Municipal Facility,donations to the A.Yes 84 zoo,conservatory,museum,etc 1 84 Name of Fatuity I Isub-total Municipal Facility: ac 1 84 Sub-total from Above: 50' 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal 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 state the above. Submitted By: Olivia Cimo Date: 12/14/2023 Filed in Clerk s Office I MAR 0 9 2Q2 I For Staff Use OnlyBelow This Line f J1•ivy-o.i4 ^ i CITY CLFRK S:-+,rr,• _,•:... What is the anent assessed value?Real Property: 70 O Personal Property! IR What is the projected assessed value? Real Property:r4 /'_•t) 1r yT Personal Property-. m What is the tax key number for This protect?7I- 01-))A-400 --OI - Ootj —0+ 3 7WhatisthesixdigitNAILScode? 1 a• ! V tit Please attach a Google map and street view of the location. C} Please list the anloum of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable_ YearOne I y 3 n(a Year Two I, -5 a •. -7 a. 0 Year Three n °°0 Year Goer 4-1). 3 s 0 Year Free q74.7aJ. 6 J 0 Please fill out the following Public Benefit Summary Information and add to total from above. rf or N) Points Poi Public Benefit Item: Protect Related_ 5 A. Redevelop a Site that has Special Needs AJ 0 49 LocalB. Develop Based on University Research iliJ 0 35 C. Achieve a Physical Element of a Plan A J 36 Sub-total Project Related: Q 120 6 Super Size Projects(point values are cumulative): A. 100%to 199%l t 5 25 B. 200%to 299% 68 C. 300%to 399% 65 D. 400%and Over ri1 S2 Sub-total Super Size Projects:21 C7 210 7 Pay for Municipal Infrasirvcturn: A. Pay for 6versiang or Upgradingl 0 14 B. Pa';for 26-50%of Extension Cost N. 0 26 C Dory for 51-75%of Extension Cost IV, J 0 39 D. Pay for 76-100%of Extension Cost lifi/ 0 52 Sub-total Infrastructure Related:01 131 Total from Applicant Section: It 5 a I 539 Total from Staff Section: I 1 1) 461 Total Pudic Benefit Points:71 1 5000 Filed in Clerk's Office STATEMENT OF BENEFITS MAR ?fl?- d ,`rt.' REAL ESTATE IMPROVEMENTS 1 i 20 PAY 20_ State Form 51767(R6l 10-14) DAWN M. ,E(,)tdE$ - FORM SB-1/Real Property Prescribed by the Department of Local Government FinaricCITY CLERK,SOt 1T-(BI=h I_PRIVACY NOTICE This statement is being completed for real property that qualifies under the following Indiana Code(check one box): Any information concerning the cost 0 Redevelopment or rehabilitation of real estate improvements(IC 6.1.1-12.1-4) of the property ate specific salaries Residentially distressed area(IC 6.1.1-12 1-4.1) paid to individual employees by the property owner is confidential per IC 6pt.1-12.1-5.1INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area pnor to the public hearing if the designating body requires information from the applicant at 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. 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction,a Form 322/RE must be flied with the County Auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty(30)days after the assessment notice is mailed to the property owner if it was mailed after April 10 A property owner who failed to file a deduction application within Me prescribed deadline may file an appkcation between March 1 and May 10 of a subsequent year 4. A property owner who hies for Me deduction must provide the County Auditor and designating body with a Form CF-1/Real Property. The Form CF-1/Real Properly should be attached to the Form 322/RE when the deduction Is first claimed and then updated annually for each year the deduction is applicable. IC 6-1.T-12.1-5.1(b) 5. For a Form SB-1 Real Property that is approved after June 30,2013,the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/Real Property that is approved prior to July 1,2013,the abatement schedule approved by the designating body remains in effect IC 6-1.1-12.1-17 SECTION 1 TAXPAYER INFORMATION Name of taxpayer Coast Southwest, Inc. Address of taxpayer(number and street city,state,and ZIP rode) 505 S. Melrose Street, Placentia, CA 92870 Name of contact person Telephone number E-mail address Lisette Minadeo 714) 524-2777 x 140 Iminadeo a@coastsouthwest.+ SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number City of South Bend, IN Location of property County OLGF taxing district number 7468 Vorden Parkway,South Bend, IN 46628 St.Joseph 037-South Bend Warren Descnptron of real property improvements,redevelopment,or renab4tm on(use adreourat sheets if necessary) Estimated start date(month,day,year) Developing 10.58 acre site with 94,000 square foot tilt panel office/warehouse and July 2023 manufacturing facility with dock doors for distribution. Estimated completion date(month,day,yeah June 2024 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salaries Number retaated Salaries Number additional Satanes 1 40/hr 1 40/hr 42 over 10 years Avg$31-44/hr SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST I ASSESSED VALUE I Current values 503,000 Plus estimated values of proposed project 7,000.000 I Less values of any property being replaced I Net estimated values upon completion of project SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) Other benefits SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Signature of au ate repressptatree Dale signed(month,day year) i,t//ciL 2/14/23 Printed name or authorzed representativeTile Olivia Cimo Corporate Secretary Page 1 of 2 FOR USE OF THE DESIGNATING BODY We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under IC 6-1.1-12.1,provides for the following limitations. A. The designated area has been limited to a period of lime not to exceed calendar years'(see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1.Redevelopment or rehabilitation of real estate improvements Yes No 2.Residentially distressed areas Yes No C. The amount of the deduction applicable is limited to$ D. Other limitations or conditions(specify) E. Number of years allowed: Year 1 Year 2 Year 3 Year 4 Year 5 (`see below) 0 Year 6 0 Year 7 0 Year B Year 9 Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-17? Yes No If yes,attach a copy of the abatement schedule to this form. If no,the designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved(signature and title of authorized member of designating body) Telephone number Date signed(month,day,year) Panted name of authorized member of designating body Name of designating body Attested by(signature and title o1 attester) Printed name of attester If the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17. A. For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1,2013,the deductions established in IC 6-1.1-12.1-4.1 remain in effect.The deduction period may not exceed five(5)years. For a Form SB-1/Real Property that is approved after June 30. 2013,the designating body is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten 10)years. (See IC 6-1.1-12.1-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1,2013,the abatement schedule approved by the designating body remains in effect.For a Form SB-1/Real Property that is approved after June 30,2013.the designating body is required to establish an abatement schedule for each deduction allowed.(See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sec.17.(a)A designating body may provide to a business that Is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's investment in real and personal property. 2) The number of new full-time equivalent jobs created. 3) The average wage of the new employees compared to the state minimum wage, 4) The infrastructure requirements for the taxpayer's investment. b) This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter.An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten(10)years. c) An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. Filed in Clerk's Office I MAR o 8 20?.-1 WDANtv ,ONES f f CITY CLERK SOUTH BEND,ih Page 2 of 2 Aerial Views r4iii xixammligasom• ,1 . . - . . ' ' --- .•,.' to .,.611 A 1111111ii...0,0-„, emalltht\ IIIIIIII ail rpm-itt...,.,., . . _. .. , I!. dill isiiiitos1111141aiillalit ' -- 111111ii eififiPiii'' ulaw1111111111 al 111111111111 IiirAIMIMAR 41111AtiiilliliCampum /Ma. rjiEli1111rii, ilk. -•::Asimmomier i .„ 2., i 40, 17.. iiiimir IT 1 i„, 41z 4 z--. 144r"' . i / 1 ---•-•-, -."1 41 a , • s,_ 2.fi• . ".- c - •• :0, . ft, 4.....1,1:-• . ' 4,'91..• - .7-441- X 1-- . ' • ' -''.'' , '..' ,xisk. .. krgt.-.„. 1.-"."lk:. it': . i. 4 . r • , ../ P. *.* • 1.. '' '''-- '' ' 7' '; • X 1.P. • ' ..041'.2'i.‘ ''ii 4 - 4• .:, i t .:.,-i , . 1'. 4. 4.'. ,-:. '..'' 74:: '- t* .. „ ' .':.-, ' . •• . -' ' 's, 4 eAT,, c,:. i) • . . 1 ,.,. .). , NI'0N39 HIf1OS'NI:01O.' Li;) iS3NOE'TN NMV(] Ezoz e o 8V'I 831}}0 s,>1a910 u! '::..! 1 Imrterorr r+v" T.,.{ I __'c';' ''' radT_ _ I I I I j___'' I 1 r 1 kiwi' III I .L. Ware 37.7.I'=c_?au7l:ra M10. Jlj i- r,./, I I 16toos AIWI310,.e II I O y l i 111111 1 I I I I I I I I I I I I I I I I I•I•I I I I c 1 72::::-.7". irnkc N3O OA I ueld e3!S 130101d 1; AVM'S'ed uapion wail lsaNannos 6un!ooi Aenoped uapJon ggPL jo nna!A Filed in Clerk's Office City of South Bend 209:-1 Petition for Incentives ITVI.4ONES Petition must include a$250 filing fee payable to the City Clerk's Office CITY CLERK' sCoUTH SEND,IN before processing can be complete General Information Project Name Project Number Legal name as registered with Secretary of Coast Southwest, Inc. State Business structure S-Corp Company website coastsouthwest.corn Proposed Project Information Proposed project address 7468 Vorden Parkway Parent company name Coast Southwest, Inc. City,State,Zip South Bend, IN 46628 Legal owner 7648 Vorden Parkway, LLC Site acreage or acreage required 10.58 Acre Is the real estate owned or Owned feared Square feet of facility 94,000 Sq. Ft If leased by whom Primary Contact Information Primary company contact name Olivia Cimo Title Business Manager, Midwest Address of company contact 608 111th Street Phone (574) 891-3300 x 218 City,State,Zip Arlington, TX 76011 Email ocimo@coastsouthwest.com Senior Official Information Company senior official name Bob Pietrusiak Title Vice President, Administration Address of company contact(if different from 505 S. Melrose Street Phone (714) 524-2777 x 140 above) City,State,Zip Placentia, CA 92870 Email rpietrusiak@coastsouthwest.com Consultant Information/Agent Hired business consultant/agent name Impending Torch, LLC Consultant release(Y/N) y Address 430 N. Center St. Local economic development partners Napproval(Y/N City,State,Zip Longview, TX 75601 Email Ijohnking903@yahoo.com Project Overview Brief description of your company,project,and why the Coast Southwest, Inc. seeks to expand our reach to Midwest and East property is necessary for Coast customers. With the State of Indiana considered to the be the economic growth Crossroads of America", we feel South Bend will be an optimal location to expand our presence and allow us to relocate our current distribution operations from Illinois. Certified Technology Park appropriate No Is the project in a Tax Incremental Financing ITIF I area? If so.which? River West Certify that the Building Permit has not been Not Issued Number of residential units created by 0 issued IY/Nl aroiect If this is a petition for personal property tax abatement,has Not at this timetheequipmentbeeninstalled Investment Details Public Infrastructure needs(Off- Has any 504 funding been What is the value of any equipment being purchased in What is the value of any equipment being site of project in dollars) received? Indiana for the project? purchased from out of state for the project? No No Unknown Unknown Filled in Clerk's Office New Project Investments Calendar Year p 2022 2023 2024 2025 2026 2027 Vie 0'3 30783 Land Acquisition 503,000.00 DAWN Ivi JONCSBuildingLeasePayments CITY CLERK.S(1(JTI-4 RFND IN Building Purchase Costs New Building Construction 7,000,000 00 Existing Building Improvements New Machinery&Equipment 500.000.00 Special Tooling/Retooling New Furniture/Fixtures 100,000.00 New Computer/IT Hardware 75,000.00 New Software 25,000.00 On-site Rail Infrastructure On-site Fiber Infrastructure TOTAL 0.00 $503,000.00 $7,700,000.00 $0.00 $0.00 $0.00 0.00 $0.00 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year lobs retained Total hourly Cumulative#of net NEW full time Hourly average wage,w/o Total training Total#to be wage w/o permanent jobs created at project benefits or bonuses,of expenditure- trained-not fringe or cumulative net new jobs not cumulative bonuses cumulative 2022 1 0 2023 2 31.07 2 2024 13 30.05 11 2025 16 33.28 3 2026 20 32.31 2027 24 37.54 2028 27 38.26 2029 30 39.16 2030 32 40.11 2031 36 43.52 2032 39 43.92 2033 43 44.31 Provide hourly wage information for new employees in the following positions. Full time Part time Laborers 24.35 Average N/A Technical 30.39 Average N/A Managerial 45.47 Average N/A Administrative 31.22 Average N/A Who will be the individual responsible for coordinating with WorkOne on recruiting?Olivia Cimo Does your company have an EEO hiring policy? Yes Are you an EEO employer? Yes Please list the number of full time and part time minority and/or female employees for each of Please describe your commitment to the last three years:diversity and inclusion by detailing your Year outreach and recruitment efforts for the last 20 2 2 2021 2020 three years as well as current policies. Full Time Part Time Full Time Part Time Full Time Part Time Black Coast Southwest is Hispanic 1 1 committed to hiring Asian and promoting the best Indian qualified candidates for Female 2 1 every position. Other Filed in Clerk's Office MAR 08 2023 . Complete below for Real or Personal Property Tax Abatement only. ®AWN iat\l Please sign for all requested incentives. CITY Cp_ERf<,SOUTH BEND,IN Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. Please complete the table below with the appropriate information. If Qualify Earned Points Available Points Yes or No) you qualify for the points,please enter the full amount of available points. 1 Construction Related(Contractors): A. Employ Local Companies(75%) Yes 20 20 B. Purchase Materials from Local Companies(75%) Yes 20 20 C. Require Employees vs.Independent Contractors Yes 19 19 D. Require Prevailing Wage(Davis Bacon) Yes 22 22 E. Require Health Benefits Yes 22 22 F. Require Pension Benefits Yes 18 18 G. Maintain Affirmative Action Plan Yes 20 20 Sub-total Construction Related: 141 141 2 Wage&Benefit Related(Owner): A. Pay Target Wage Levels Yes 33 33 B. Provide Health Benefits Yes 34 34 C. Provide Pension Benefits Yes 29 29 D. Provide Training Yes 28 28 E. Provide Child Care No 0 15 F. Provide Transportation Assistance No 0 14 G. Provide Employer Assisted Housing program No 0 9 Sub-total Wage&Benefit Related: 124 162 3 Workforce Related: A. Create New Jobs Yes 42 42 B. •RetainExistingJobs Yes 41 41 C. Maintain Affirmative Action Plan Yes 35 35 D. Provide Targeted Hiring Preference Yes 34 34 Sub-total Workforce Related: 152 152 4 Support a Municipal Facility: Support a SB Municipal Facility(donations to the A. zoo,conservatory,museum,etc.) Yes 84 84 Name of Facility Sub-total Municipal Facility: a 84 Sub-total from Above: 501 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal 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 state the above. Submitted By: Olivia Cimo Date: 2/14/2023 Filed in Clerk's Office MAR 08 ?_02: For Staff Use Only Below This Line What is the current assessed value? Real Property: Personal Property: What is the projected assessed value? Real Property: Personal Property: What is the tax key number for this project? What is the six digit NAICS code? Please attach a Google map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Year One Year Two Year Three Year Four Year Five Please fill out the following Public Benefit Summary Information and add to total from above. Y or N) Points Points Public Benefit Item: Project Related: 5 A. Redevelop a Site that has Special Needs 49 B. Develop Based on Local University Research 35 C. Achieve a Physical Element of a Plan 36 Sub-total Project Related: 120 6 Super Size Projects(point values are cumulative): A. 100%to 199% 25 B. 200%to 299% 68 C. 300%to 399% 65 D. 400%and Over 52 Sub-total Super Size Projects: 210 7 Pay for Municipal Infrastructure: A. Pay for Oversizing or Upgrading 14 B. Pay for 26-50%of Extension Cost 26 C. Pay for 51-75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost 52 Sub-total Infrastructure Related: 131 Total from Applicant Section: 539 Total from Staff Section: 461 Total Public Benefit Points: 1000 Filed in Clerk's Office I STATEMENT OF BENEFITS MAR 08 ?V 20 PAY 20_ a - REAL ESTATE IMPROVEMENTS State Form 51767(R6/10-14) AWMI M.JONES FORM SB-1 I Real Property Prescribed by the Department of Local Government FinaICITY CLERK,SOUTH BEN®,IN PRIVACY NOTICE This statement is being completed for real property that qualifies under the following Indiana Code(check one box): Any information concerning the cost 21 Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12.1-4) of the property and specific salaries paid to individual employees by theResidentiallydistressedarea(IC 6-1.1-12.1-4.1) property owner is confidential per IC 6-1.1-12.1-5.1. 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. 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction,a Form 322/RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty(30)days after the assessment notice is mailed to the property owner if it was mailed after April 10. A property owner who failed to file a deduction application within the prescribed deadline may file an application between March 1 and May 10 of a subsequent year. 4. A property owner who files for the deduction must provide the County Auditor and designating body with a Form CF-1/Real Property. The Form CF-1/Real Property should be attached to the Form 322/RE when the deduction is first claimed and then updated annually for each year the deduction is applicable. IC 6-1.1-12.1-5.1(b) 5. For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/Real Property that is approved prior to July 1, 2013,the abatement schedule approved by the designating body remains in effect. IC 6-1.1-12.1-17 SECTION 1 TAXPAYER INFORMATION Name of taxpayer Coast Southwest, Inc. Address of taxpayer(number and street,city,state,and ZIP code) 505 S. Melrose Street, Placentia, CA 92870 Name of contact person Telephone number E-mail address Lisette Minadeo 714) 524-2777 x 140 Iminadeo@coastsouthwest.tr SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number City of South Bend, IN Location of property County DLGF taxing district number 7468 Vorden Parkway, South Bend, IN 46628 St. Joseph 037-South Bend Warren Description of real property improvements,redevelopment,or rehabilitation(use additional sheets if necessary) Estimated start date(month,day,year) Developing 10.58 acre site with 94,000 square foot tilt panel office/warehouse and July 2023 manufacturing facility with dock doors for distribution. Estimated completion date(month,day,year) June 2024 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salaries Number retained Salaries Number additional Salaries 1 40/hr 1 40/hr 42 over 10 years Avg$31-44/hr SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values 503,000 Plus estimated values of proposed project 7,000,000 Less values of any property being replaced Net estimated values upon com.letion of.ro'ect SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) Other benefits SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Signature of awes five Date signed(month,day,year) 2/14/23 Printed name of authorized representative Title Olivia Cimo Corporate Secretary Page 1 of 2 FOR USE OF THE DESIGNATING BODY We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under IC 6-1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years'(see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1.Redevelopment or rehabilitation of real estate improvements 0 Yes No 2.Residentially distressed areas 0 Yes No C. The amount of the deduction applicable is limited to$ D. Other limitations or conditions(specify) E. Number of years allowed: 0 Year 1 Year 2 Year 3 0 Year 4 Year 5 (*see below) Year 6 Year 7 Year 8 Year 9 0 Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-17? Yes No If yes,attach a copy of the abatement schedule to this form. If no,the designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved(signature and title of authorized member of designating body) Telephone number Date signed(month,day,year) Printed name of authorized member of designating body Name of designating body Attested by(signature and title of attester) Printed name of attester If the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17. A. For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1,2013,the deductions established in IC 6-1.1-12.1-4.1 remain in effect.The deduction period may not exceed five(5)years. For a Form SB-1/Real Property that is approved after June 30, 2013,the designating body is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten 10)years. (See IC 6-1.1-12.1-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1,2013,the abatement schedule approved by the designating body remains In effect.For a Form SB-1/Real Property that is approved after June 30,2013,the designating body is required to establish an abatement schedule for each deduction allowed.(See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sec.17.(a)A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's investment in real and personal property. 2) The number of new full-time equivalent Jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The infrastructure requirements for the taxpayer's investment. b) This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten(10)years. c) An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. Filed in Clerk's Office MAR 08 20? DAWN MJONES CITY CLERK,SOUTH BEND,IN Page 2 of 2 Invocation to South Bend Common Council AHO (greetings) I f' j I • , .. ·, • .,;-11\..,,"-' FEB 1 3 � ,:,, ' I L ______ .,� DAWN lvl. JONES CITY CLF..�t--. 30UTH BEND, IN I offer this invocation in honor of a local Native American Longhouse. For over nine years I studied with a local Cherokee Elder. Prayer begins around a sacred fire with four medicines -sage, sweetgrass, cedar and tobacco. Each person is smudged with burning sage to remove negative energies. {I won't set off smoke alarms by doing this.) The smoke of the burning sage is gently wafted over the person with a feather. The four ribbons which are red, yellow, black and white, represent the color of the four races on earth and the four directions. The rattle or drum is a welcome for the Ancestors to join in the gathering with the living. Everyone sits in a circle because everyone is equal. This is a "talking feather". It is not a real eagle feather. It is a dyed feather. Since I am not Native American, it would be illegal for me to own one. Should I find one in nature, I would turn it over to the Longhouse. The Blue Jay feather with it represents the Cherokee Elder who taught me since that was her feather. As you hold the Talking Feather, please say something you are GRATEFUL FOR, a KINDNESS you did for another person this week to make their lives better or you may opt to stay SILENT and pass the Talking Feather to the next person. As you hand the feather to the next person, you say, "AHO" as a greeting. As the person receives the feather, they say, "AHO" in return. While you hold the Talking Feather, it is your turn to speak. Everyone else is to REMAIN SILENT as a show of RESPECT. At the end of passing the Talking Feather from person to person, I offer the prayer of, "May we all know PEACE as one." My mother grew up on Koinonia Farm in Americus, Georgia, which was located on Black Foot land. My grandparents founded Habitat for Humanity. The first Habitat Houses were built on Koinonia and I spent my summers there painting those Habitat Houses. President Carter grew up in Plains, Georgia, just twelve miles away, which was also on Black Foot land. His very first act of office as President was to lift the ban on Native Americans being able to speak their language and openly worship. I'd like you to think about this since this happened in 1976. Most of us in this room were alive when this oppression was finally lifted and their religious rights were restored. It is my hope this Council will appreciate this Invocation since we are all living on Native land, as evidenced by the many Indian names we have around us. As part of the oppression of our government, Native Americans were not allowed to own "white man" businesses. They were allowed to profit from entertainment and gambling. Hence, we have the Four Winds Casino. Their children were taken away to government orphanages where they were not allowed to speak their native languages. Many of the children were abused and died in these orphanages. Some were adopted out, but not allowed to know they were Native American. At the end of this, I am passing out small bags, known as a "Giveaway". Native culture teaches SHARING. I hope your takeaway is: RESPECT, GRATITUDE, KINDNESS, SHARING, INCLUSION and PEACE. Thank you, Sue Kesim INVOCATION Cherokee Prayer Blessing May the Warm Winds of Heaven Blow softly upon your house. May the Great Spirit Bless all who enter there. May your Mocassins Make happy tracks in many snows, and may the Rainbow Always touch your shoulder. Found on:https://www.sapphyr.net/natam/quotes-nativeamerican.htm Cherokee Prayer Peace and happiness are available in every moment. Peace is every step. We shall walk hand in hand. There are no political solutions to spiritual problems. Remember: If the Creator put it there, it is in the right place. The soul would have no rainbow if the eyes had no tears. Tell your people that, since we were promised we should never be moved, we have been moved five times. Found on: https://www.sapphyr.net/natam/quotes-nativeamerican.htm An Ute Prayer Treat the earth well. It was not given to you by your parents, it was loaned to you by your children. VVe do not inherit the Earth from our Ancestors, we borrow it from our Children. Found on: https://www.sapphyr.net/natam/quotes-nativeamerican.htm Lakota Prayer Wakan Tanka, Great Mystery, teach me how to trust my heart, my mind, my intuition, my inner knowing, the senses of my body, the blessings of my spirit. Teach me to trust these things so that I may enter my Sacred Space and love beyond my fear, ri! ffice and thus Walk in Balance with the passing of each glorious Sun. FEB 1 3 lWJ Found on: https://www.sapphyr.net/natam/quotes-nativeamerican.htm DAWN , JONES CITY CLERK, SOUTH REND, IN Sharon L. McBride President Sheila Niezgodski Vice-President Canneth Lee Chairperson, Committee of the Whole Canneth Lee First District Henry Davis, Jr. Second District Sharon L. McBride Third District Troy Warner Fourth District Eli Wax Fifth District Sheila Niezgodski Sixth District Karen L. White At Large Rachel Tomas Morgan At L arge Lori K. Hamann At L arge City of South Bend Common Council 441 County-Gty Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 February 21, 2023 South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 (574)235-9321Fax (574) 235-9173 TDD 574 235-5567 Fi letflffti'filf?" sffl001din. ov DAWN M, JONES cm CLERK, SOUTH BEND, IN RE: A SPECIAL RESOLUTION ON BEHALF OF THE SOUTH BEND COMMON COUNCIL AND THE CITIZENS OF SOUTH BEND, HONORING TOY VILLA FOR MORE THAN 36 YEARS OF EXCEPTIONAL AND IMPACTFUL WORK AS A CONSTRUCTION MANAGER AND LAND SURVEYOR IN OUR COMMUNITY, AND FOR HIS QUINTESSENTIAL LEADERSHIP AND TEAMWORK AS AN EMPLOYEE OF THE CITY OF SOUTH BEND. Dear Council Members: It is never easy to say goodbye to a valued member of the City of South Bend team. However, even the most valued members are entitled to move on and enjoy their life when the appropriate time comes. Unfortunately, for the City, that time has come for Toy Villa. Toy has been involved in engineering and surveying projects in South Bend for over 36 years. Toy's work can be seen in virtually every part of the city. He has also been instrumental in the redevelopment of underutilized areas leading to economic growth and job opportunities. Many of Toy's accomplishments are included in the proposed Special Resolution. We ask that this proposed Special Resolution be included in the Common Council agenda under "Special Business" for its meeting on February 27, 2023. As a Special Resolution, it need not be assigned to a Committee. Thank you for your consideration. Sincerely yours, SheilaJ/d,��t, 6'" District South Bend Common Council SA� 6-M�c1. Sharon McBridZ7e;td;t, 3rd District South Bend Common Council BILL NO. 23-07 City of South Bend BOARD OF ZONING APPEALS March 7, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1306, 1330 High St. and 909 E Broadway St. Dear Committee Chair Hamann: Filed in Clerk's Office HAR O 7 2023 DAWN M. JONES CITY CLERK, S�� BEND, IN Enclosed is an Ordinance for the proposed Special Exception at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your March 13, 2023, Council meeting and set it for public hearing at your April 10th, 2023 Council meeting. The petition is tentatively scheduled for public hearing at the April 3rd, 2023 South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: A Special Exception for Heavy Industrial to allow for a salvage yard. The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, Rachel Boyles Zoning Specialist CC: Bob Palmer County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning BILL NO. 11-23 City of South Bend RECEIVED MAR 0 3 2023 BOARD OF ZONING APPEALS Petition for Variance - Special Exception Property Information 018-7017-072604,018-7017-072601, 018-7010-037101 Tax Key Number: 0 1` a ) r quo Address: ( 3 b i i l owner: G ` i fropeYT1(... LLL Zoning: Project Summary:Ve-k ICJr TO W Ivy9 ;DI v.S G Nr\ 1r e_ 1 1 f - S r\e_2G a -eV\ce c\. \-\,\ y Requested Action Vpecial Exception—complete and attach Criteria for Decision Making Use requested: Industrial,Heavy- Salvage Yard Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Completed Application (including Criteria for Decision Making and Contact Informal) i ' D Site Plan drawn to scale Filing Fee iriw,k G Ikh Per. Criteria for Decision Making Special Exception -If applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: L1',n tac.\ C.\\ Q3,1[N. r cAr 0 C vires y CkV 4.3\-CIA- -- 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: T w`1 1 av , } v\ f- k e-s ,1, c7 r c ‘s-\e T . C c>v 1 l \ t ` e `k s F ck r ,5 0. d C,U- 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: c, ( \, re c.1 U 1 L 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: Contact Information Property owner(s) of the petition site: Name: il)TE L 7ILSI Ltd Address: LI(OO Le(a. FAV- WilLf miSVOILOVIKrA , IN uc)Sc( S Name: Address: Name: Address: Contact Person: Name: rya v‘0 Address: 0,4-V 3e v.4 , TW, 966 (`-( Phone Number: t-/ S-G 3 S52 E-mail: c)c;V 77 m aC_o trv-\ By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent thus petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: A11/)0 Ct ( crt-- incl J o LLL J Ci , 4,,, yam: Y, ': ?,; ..+ ..,t:`.x€n Vii ' Tattoo N. 4 k y 41r. k i• ;'' , e CPConnexi a 14...,,,::: t ck dd;Y w7 1330 High LLC c 4.' It k R6 s fife ixt„„, Broadway IMm y: uilders Q. at 714"1-7"1",,A,1, ' . a Q Broadway St v,z: E1Broadway 3 V •' " i' wrliedi 0 0 op 41,:f)CCHi MAR 0 2023 DAWN M.JONES CITY CLERK,SOUTH BEND,IN City of South Bend BOARD OF ZONING APPEALS March 7, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 439 Dundee Street Dear Committee Chair Hamann: Filed in Clerk's Office HAR O 7 202:l DAWN M. JONES CITY CLERK, SOUTH BEND, IN Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your March 13, 2023, meeting and set it for public hearing at your April 10th, 2023 Council meeting. The petition is tentatively scheduled for public hearing at the April 3 rd , 2023, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: A Special Exception to allow for the use of a duplex. The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist CC: Decarlo Redding, Jr. County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning BILL NO. 12-23 Filed in Clerk's Office BILL NO. 12-23 L MAR 0 7 2023 DAWN M.JONES ORDINANCE NO. CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 439 DUNDEE STREET, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow for the use of a duplex. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 439 S. Dundee St. South Bend, IN 46619. 018-4051-1888 In order to permit a Two Unit Dwelling. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located, and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2023, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office MaR n oz3 CITY C®E KN pU H BEND,IN 2 - City of South Bend 227 W. Jefferson - Suite 1400S South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information yTaxKeyNuber:0 " V)1 1 dQ y , Address: q3 q Owner: ge /I44e ?roper Ai LLC . Zoning: Choose the current distfictU I Project ummary: The 5c 19/ 04 iS 'ac) s,,.ieopaSeparadc o r,iS iris on;/no 4c ay 1,417- Akdimic/) /.10,K1 a s„f/c vv,/ n6e a .0444 via44,11,7 r Requested Action Eecial Exception — complete and attach Criteria for Decision Making Use requested: U n,{ CkliOU Variance(s) - List variances below, complete and,a tach Criteria for Decision Making Variance(s) requested: Required Documents Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale Filing Fee Criteria for Decision Making Special Exception - if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: 777e /9/per vse. w I Cotir ei5 cif te //e7e6oEAaod cit- w,rl Opeja In feipze1/Ll/ vse / 1,/ r14,44gf 2) The proposed use will not injure or adversely affect the use of the adjacent ar9a or property values therein, because: A k4./ ItoPPYropase.ol USe, ,1 /5 1 49/av, >` de,#b.(h'l r )1- Qpjr/r Veke,(s). 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: Lei 4 r/1 b.e. 4 1inf ovv oi' L/ %er`"ca vi t s,<i/c/ 5,:I £*posed o c i/`/°l 4) The proposed use is compatible with the recommendatiops of the Comprehensive , Plan, because: ix, fib e.d/ Ul2 `.S 5.. tl +ny mos; p0,4,01,4/ f / Edi e 101,rfe.04 o ati O P/ fr r 6?' / 040e/7 r Criteria for Decision Making Variance(s) - if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: 2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: 4) The variance granted is the minimum necessary, because: 5) The variance does not correct a hardship caused by a former or current owner of the property, because: Contact Information Property owner(s) of the etition site: Name: 9t ec a 114 reVP14LL C Address: // ,6`; 1It/aa )aJ 5J . y(W9 Name: Address: Name: Address: Contact Person: l Name: 4r CAjjt6 iyA Sr Address: 42lano .1 3E . zP 4 ?).2,(\A 4440 Phone Number: 5111'544'(a3n' E-mail ! .,,dreo43/4af/. Go-tY) By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Prop y Owner (-)Signatures: II p l7 i Zoning Districts (effective 01/01/2020) 1 1 Iv 439 S dundee X Q i Show search results for 439 S. t, II r • Parcel:REDDLINE PROPERTY LLC Ilk ii‘-' i PARCELID 018-4051-1888 PARCELSTAT 71-08-10-301-010.000-026 4 a PARCPRC More info GISWEBLK More info f PAYTAXURL More info TAXINFOURL More info j4_ JWNER REDDLINE PROPERTY LLC rCilFrt; iiiii t t: Zoom to 5 ".i. a `y! A 1 'ri CS wil U7CIdwv 3 pal= t c tifikkati' lia : ' r w CD r, I 1 lit_ Kiri.rill , , 4104 r riff— ii, . _ . Alik• ,-,414 I.,, 11f. I Cu F 4 Ell • c * .01 ar ..A:.... E . Filed.In Cierk's C ffiiw t 1 DAWN M.JONES CITY CLERK,SOUTH BEND,IN City of South Bend BOARD OF ZO ING APPEALS March 7, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1602 S Michigan St. Dear Committee Chair Hamann: Filed in Clerk's Office HAR O 7 2023 DAWN M. JONES CITY CLERK, SOUTH BEND, IN Enclosed is an Ordinance for the proposed Special Exception at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your March 13, 2023, Council meeting and set it for public hearing at your April 10th, 2023, Council meeting. The petition is tentatively scheduled for public hearing at the April 3rd, 2023 South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: Request a Special Exception to allow for the property to operate as a group residence. The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, �-/5--,,L- Rachel Boyles Zoning Specialist CC: Bob Palmer County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning Bill No. 13-23 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2023, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office MA[ RO723 CITY CLERK,OUTTH BEND,IN 2 - City of South Bend 227 W. Jefferson - Suite 1400S IN 46601 BOARD OF ZONING APPEALS South Bend, zoning@southbendin.gov RECEIVED MAR 0 6 2023 Petition for Variance - Special Exception Property Information Tax Key Number: 017 -7Cs 1 - II cn Address: _I(._-@O 3 t(Aida Owner: M o P « C Zoning: Choose the current district rJ C Project Summar A1Y f J rovS ,(4''C(. e E g fG pS t / 4 Requested Action IA Special Exception — complete and attach Criteria for Decision Making Use requested: 2i ccuy c c c€ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Vac-11-6 1,0 - c9\` nec` Cocn-ems cQCA RequiredAocuments mpleted Application (including Criteria for Decision Making and Contact Information) IN Site Plan drawn to scale P A 1 ID Filing Fee 5 1 - k) Per I U''' Criteria for Decision Making Special Exception - if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: Criteria for Decision Making Variance(s) - if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: 2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: 4) The variance granted is the minimum necessary, because: 5) The variance does not correct a hardship caused by a former or current owner of the property, because: Contact Information Property owner(s) of the petition site: Name: 1-,47- 6 A e c,,, L Address: /07-<- V ta, -"h v_-- L ; /, C 0 fv/ 2 2 Name: Address: Name: Address: Contact Person: Name: C ( 4`. 4. f 9 ff Address: /4' cDZ1Ovi ,is.- $/vo' So '// OSe I, /iv 7 ‘1/_3 Phone Number: -5— 7' 2 0 - 0 3 E-mail:OSS ---5---‘a `°27ii 1°D , 6Orte. By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: 7 ,i,.,_,/,-tefe4 Pit/ i'-&u7. /2 44 HOMES FOR TRACY, INC EIN# 92-0477397 1602 S. Michigan Street South Bend, IN 46616 574-520-0397 cross5560yahoo.com Home4Tracy@yahoo.com City of South Bend BOARD OF ZONING APPEALS Rachel Boyles PROPERTY INFORMATION Parcel ID 71-08-13-326-001.000-026 Tax Key Number: ****************** We need to get this, probably from Kate Bolze *** Address: 1602 S. Michigan Street, South Bend IN 46613 Owner: JM] Group, LLC, John & Madonna Gaudio Zoning: Neighborhood Center (NC) PROJECT SUMMARY HOMES FOR TRACY, INC., is a program dedicated to homeless women and children. The project is getting the house ready at 1602 S. Michigan Street. Its purpose will be a house for the education of, and transitional living for, homeless women and their children. It will house clients in the Homes for Tracy program ONLY. It will have 5 bedrooms. Each single woman and her children, if any, will reside there for 6-8 months during which she will work on life skills, life sustainability, financial literacy, her credit, entrepreneurship and the accumulation of social capital in the form of people who will assist her on her journey out of homelessness. The ultimate goal for each woman is home ownership. Each woman is expected to work and to save a portion of her salary. By doing so, when she transitions to a house or apartment, she will have the necessary funds for security deposits and to turn on utilities without asking for financial assistance. This is a hand up, not a handout. It is not yet clear if we need a special exemption, or if one or more of the uses"permitted by right" may prove suitable without the need for a special exception. In any case, should we all determine a special exemption is needed, we provide additional information below. 2) REQUESTED ACTION Special Exception 1) The proposed use will not be injurious to public health, safety, comfort, community moral stands, convenience or general welfare, because: The property at 1602 S. Michigan Street will be used for Multi-Unit transitional housing for women and their children who, even though they might currently be unsheltered and homeless, will abide by the laws and regulations of the City of South Bend, the county of St. Joseph and the state of Indiana. Each candidate is only eligible with the understanding this is a volunteer program and will have certain expectations with behaviors and actions that will not only benefit her personally but also the neighboring area. Consequently, there will be a security system, strict rules and regulations set in place to help her feel safe and secure, and to help her keep a mindset that this opportunity to change her lifestyle will come only with cooperation and intention. 2) The proposed use will not injure or adversely affect the use of the adjacent area property values therein because: The purpose as stated before, is to assist women who are in the beginning levels of transitioning their lives. Each woman is part of a working community focused on being self-sufficient. There are other multi use housing locations in the immediate area. There should be no objections from neighboring homes. Prior to 2020, this proposed site for Homes for Tracy, 1602 S. Michigan Street, was a common nuisance because it stayed empty for so long. Now there is a perfect opportunity to create a new narrative not only for the property but for the lives of these women, and in some cases the lives of their children. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein because: 1602 S. Michigan Street was built around 1900. The character of this home from the time is was first created has not changed. It stands with dignity despite the changes all around. Like everything that has come about in the last 20 or so years, this neighborhood is in transition for the better and with that mindset the Homes for Tracy ministry is perfect for this spot. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The existing comprehensive plan was written in 2002 and much has changed in St. Joseph County since then. There is a steady growth in population and the cost of rent is stupendous. Many people are adversely effected, and the increase of families facing homelessness is horrific. The use of this property by Homes for Tracy is but a small part of the answer and the comprehensive plan in action for affordable housing and quality of life for less fortunate citizens, who just need a chance to make a better life for their family. It will make a tremendous difference for those women who participate in it, and will improve the neighborhood as well. CONTACT OWNER 3M3 Group, LLC, John & Madonna Gaudio, 303-870-1044 10154 W Lake Drive Littleton, CO 80127 Madonna@Gaudio.com, & Libertv@Gaudio.com Go gle Maps 1602 S Michigan St i 1 E Indiana Ahr,111771 i. .Z....1AI f 4- ,,,,,, ,,S, :3 aci-,,,_ , 1-„,,,_ ,* '.,b •- 1.'7%..:. "V 1: „.. , Mil 1/4 11, 4... 4 E. , ' esen441, 10`. ' * -- r Y' ; F-' ,L '.y.iii. irth t: l'r.''r IA' Ai Google ..„.-• Map data©2023,Map data©2023 Google 20 ft Filed in Clerk's Office MAR 0 7 2023 DAWN M.JONES CITY CLERK,SOUTH BEND,IN 6`p SD T City of South Bend 574)235-9321 Fax(574)235-9173 u TDD 574 235- 5567 cE 7; Common Councilrhttp://www.southbendin.gov t. c; 441 County-City Building• 227 W.Jefferson Blvd South Bend,Indiana 46601s I865 , 1 lied inClerk's OfficeMarch8, 202§ Sharon L.McBride Chairperson Eli Wax President MAR 0 8 2023 Health and Public Safety Committee t ___... .. Sheila Niezgodski D VVh1 i. t;iwtS Vice-President South Bend Common Council CITY CLERK,SOUTH BEND,IN Canneth Lee 4th Floor, County-City Building Chairperson,Committee of the Whole South Bend, IN 46601 Canneth Lee RE: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF First District SOUTH BEND, INDIANA, AMENDING CHAPTER 6, BY ADDING ARTICLE 15, SECTIONS 6-94 THROUGH 6-108 INCLUSIVE TO Henry Davis,Jr. REQUIRE LANDLORDS AND TENANTS TO PARTICIPATE IN BED Second District BUG REMEDIATION Sharon L.McBride Third District Dear Chairperson Wax: Troy Warner Most of us in our youth heard our elders say"Good night. Don't let the bed Fourth District bugs bite."That cute childhood rhyme has a much different meaning today. It is now an actual warning. Bed bug infestations throughout the entire city Eli Wax are distressing our residents. It has gotten so bad that teachers are leaving Fifth District classrooms to avoid risking taking bed bugs home with them. Something Sheila Niezgodski must change. Sixth District Several states have specific laws addressing the issue of bed bugs. Karen L.White Unfortunately, Indiana is not one of those states. Arguably, IC 32-31-8- 5 At Large provides broad protection in the form of a warranty of habitability. The Indiana General Assembly has considered bills specifically providing for Rachel Tomas Morgan bed bug remediation in the 2021 session and currently in the 2023 session. At Large Although these bills have not passed in the General Assembly. I believe that Lori K.Hamann it is in the best interests of city residents to have the such protection. This At Large ordinance, based on bills that have been addressed in the General Assembly requires a tenant to inform the landlord if the tenant reasonably suspects the presence of bed bugs. The ordinance requires landlords to have dwelling units inspected by a qualified inspector. After receipt of an inspection report the landlord must to inform the tenant whether the dwelling unit contains bed bugs and, if so, to begin reasonable measures to treat the bed bug presence. The ordinance also establishes responsibilities for the tenant and landlord concerning notice, access, and costs. Bill No. 14-23 4' pUTN 4+.City of South Bend 574)235-9321 Fax(574)235-9173 Common Council TDD(574)235-5567 PEACE ahttp: llwww.southbendin.gov 441 County-City Building• 227 W.Jefferson Blvd 1865 South Bend,Indiana 46601 I am filing this proposed ordinance for first reading on March 13, 2023 and request that it be included on the Health and Public Safety Committee agenda to be followed by second and third readings and public hearing on March 27, 2023. Thank you for your consideration. Sincerely yours, Henry Davis, Jr., South Bend Common Council Second District Filed in Clerk`s Office MAR o znt3 DAVkdV tvi. CITY CLERK, CCUJUT !END,IN Filed in Clerk's Office MAR 0 8 2023 BILL NO. 14-23 DAWN M.JONES CITY CLERK,SOUTH BEND,IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, BY ADDING ARTICLE 15, SECTIONS 6-94 THROUGH 6-108 INCLUSIVE TO REQUIRE LANDLORDS AND TENANTS TO PARTICIPATE IN BED BUG REMEDIATION. STATEMENT OF PURPOSE AND INTENT Several states have specific laws addressing the issue of bed bugs. Unfortunately, Indiana is not one of those states. Arguably, IC 32-31-8-5 provides broad protection in the form of a warranty of habitability. The Indiana General Assembly has considered bills specifically providing for bed bug remediation in the 2021 session and currently in the 2023 session. Although these bills have not passed in the General Assembly, the South Bend Common Council believes that it is in the best interests of city residents to have the such protection. This ordinance, based on bills that have been addressed in the General Assembly requires a tenant to inform the landlord if the tenant reasonably suspects the presence of bed bugs. The ordinance requires landlords to have dwelling units inspected by a qualified inspector. After receipt of an inspection report, the landlord must to inform the tenant whether the dwelling unit contains bed bugs and, if so, to begin reasonable measures to treat the bed bug presence. The ordinance also establishes responsibilities for the tenant and landlord concerning notice, access, and costs. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: SECTION I.Chapter 6(Building),Article 15,Sections 6-94 through Section 6-108 are added to of the South Bend Municipal Code and the Article is hereby amended to read in its entirety as follows: SECTION I. Article 15.Bed Bug Remediation Sec.6-94.As used in this article,"bed bug"means the common bed bug,or cimex lectularius. Sec. 6-95. As used in this article "contiguous dwelling unit" means a dwelling unit that is contiguous with another dwelling unit,both of which units are owned,managed,leased,or subleased by the same landlord. Sec. 6-96. As used in this article, "dwelling unit" means a structure or the part of a structure that is used as a home, residence,or sleeping place by a tenant. Sec.6-97.As used in this article"electronic notice"means notice by electronic mail or an electronic portal or management communications system that is available to both a landlord and a tenant. Sec.6-98.As used in this article,"landlord"means the owner, manager,lessor,or sublessor of a residential premises. Sec.6-99.As used in this article,"pest control applicator"means a: 1)licensed applicator for hire(as defined by IC 15-16-5-16); or 2)registered technician(as defined by IC 15-16-5-33). Sec.6-100.As used in this article,"qualified inspector"means a: 1)local health department official; 2)licensed pest inspector(as defined by IC 15-16-5-18);or 3) scent detection canine team that holds a current, independent,third-patycertification under the guidelines for minimum standards for canine bed bug detection team certification established by the National Pest Management Association or its successor organization; who is retained by a landlord to conduct an inspection for bed bugs. Sec.6-101.As used in this article,"tenant"means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others. Sec.6-102.(a)A tenant shall promptly notify the tenant's landlord by written or electronic notice when the tenant knows or reasonably suspects that the tenant's dwelling unit contains bed bugs.A tenant who gives a landlord electronic notice concerning potential bed bugs shall send the notice only to the electronic mail address,telephone number,or electronic portal specified by the landlord in the rental agreement for communications.However,if there is not a provision specifying communications in the rental agreement,the tenant shall communicate with the landlord in a manner that the landlord has previously used to communicate with the tenant.The tenant shall retain sufficient proof of the delivery of the electronic notice. b)Not more than ninety-six(96)hours after receiving notice of the presence of bed bugs or the possible presence of bed bugs,a landlord,after providing notice to the tenant as required under section 6-104 of this article: 1) shall obtain an inspection of the dwelling unit by a qualified inspector; and 2)may enter the dwelling unit or any contiguous dwelling unit for the purpose of allowing the inspection as provided in section 6-105 of this article. c)If the inspection of a dwelling unit confums the presence of bed bugs,the landlord shall have an inspection of all contiguous dwelling units performed as promptly as is reasonably practical. Sec.6-103.(a)If a landlord obtains an inspection for bed bugs,the landlord must provide written notice to the tenant within two(2) business days after receiving the inspection report indicating whether the dwelling unit contains bed bugs. b)If a qualified inspector conducting an inspection determines that neither the dwelling unit nor any contiguous dwelling unit contains bed bugs, the notice provided by the landlord under subsection(a)must inform the tenant that if the tenant remains concerned that the dwelling unit contains bed bugs,the tenant may contact the local health department to report any concerns. c)If a qualified inspector conducting an inspection determines that a dwelling unit or any contiguous dwelling unit contains bed bugs in any stage of the life cycle, the qualified inspector shall provide an inspection report to the landlord within twenty-four 24)hours of completing the inspection. Not more than five(5) business days after receiving an inspection report that indicates the presence of bed bugs, the landlord shall begin reasonable measures,as determined by the qualified inspector,to effectively treat the bed bug presence,including retaining the services of a pest control applicator to treat the dwelling unit and any contiguous dwelling unit. d)Except provided in section6-104(c)of this article,a landlord is responsible for all costs associated with an inspection for,and treatment of,bed bugs. e)Nothing in this section prohibits a tenant from contacting any governmental agency at any time concerning the presence of bed bugs. Sec. 6-104. (a) If a landlord, qualified inspector, or pest control applicator must enter a dwelling unit for the purpose of conducting an inspection for, or treating the presence of, bed bugs, the landlord shall provide the tenant reasonable written or electronic notice of the fact at least forty-eight(48)hours before the landlord, qualified inspector,or pest control applicator attempts to enter the dwelling unit,unless a rental agreement provides for a different minimum time for the notice.A tenant who receives the notice may not unreasonably deny the landlord,qualified inspector,or pest control applicator access to the dwelling unit. b)A tenant may waive the notice requirement described in subsection(a)of this section. Sec.6-105.(a)A qualified inspector who is inspecting a dwelling unit for bed bugs may conduct an initial visual and manual inspection of a tenant's bedding and upholstered furniture. The qualified inspector may inspect items other than bedding and upholstered furniture when the qualified inspector determines that an inspection is necessary and reasonable. b)If a qualified inspector fmds bed bugs in a dwelling unit or in any contiguous dwelling unit,the qualified inspector may have additional access to the tenant's personal belongings as the qualified inspector determines is necessary and reasonable. c)A tenant must comply with reasonable measures to permit the inspection for,and the treatment of,the presence of bed bugs as determined by the qualified inspector.The tenant is responsible for all costs associated with preparing the tenant's dwelling unit for inspection and treatment. A tenant who knowingly and unreasonably fails to comply with the inspection and treatment requirements described in this chapter is liable for the cost of any bed bug treatments of the dwelling unit and contiguous dwelling units if the need for the treatment of bed bugs arises from the tenant's noncompliance. d)If any furniture,clothing,equipment,or personal property belonging to a tenant is found to contain bed bugs,the qualified inspector shall advise the tenant that the furniture, clothing, equipment,or personal property should not be removed from the dwelling unit until a pest control applicator determines that a bed bug treatment has been completed.The tenant may not dispose of personal property that was determined to contain bed bugs in any common area where the disposal may risk the infestation of other dwelling units. e) Nothing in this section requires a landlord to provide a tenant with alternative lodging or to pay to replace a tenant's personal property. f)Nothing in this section preempts or restricts the application of any state or federal law concerning reasonable accommodations for persons with disabilities. Sec.6-106. (a)A landlord may not offer for rent a dwelling unit that the landlord knows or reasonably suspects to contain bed bugs. Upon request from a prospective tenant, a landlord shall disclose to the prospective tenant whether, to the landlord's knowledge,the dwelling unit that the landlord is offering for rent contained bed bugs within the previous eight(8)months. b) Upon request from a tenant or a prospective tenant, a landlord shall disclose the last date,if any,on which a dwelling unit being rented or offered for rent was inspected for,and found to be free of,bed bugs. Sec.6-107.(a)A landlord who fails to comply with this article is liable to the tenant for the tenant's actual damages. b)A landlord may file an action in a circuit or superior court in the county where the dwelling unit is located to obtain injunctive relief against a tenant who: 1)refuses to provide reasonable access to a dwelling unit;or 2)fails to comply with a reasonable request for inspection or treatment of a dwelling unit. c) If a court finds that a tenant has unreasonably failed to comply with any of the requirements in this article,the court may issue a temporary order to carry out the requirements in this article,including: 1)granting the landlord access to the dwelling unit; 2) granting the landlord the right to engage in bed bug inspection and treatment measures in the dwelling unit;and 3) requiring the tenant to comply with specific bed bug inspection and treatment measures or assessing the tenant with costs and damages related to the tenant's noncompliance. d)A court order granting a landlord access to a dwelling unit must be served upon the tenant at least twenty-four(24) hours before a landlord,qualified inspector,or pest control applicator enters the dwelling unit. e) The remedies in this section are in addition to any other remedies available at law or in equity to any person. f)This section does not limit or restrict the authority of any state or local housing agency or health department. Sec.6-108.A landlord who complies with this chapter is considered to have satisfied the requirements of habitability of the dwelling with respect to matters concerning bed bugs. Section II. Severability. If any part, section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2023, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office MAR 0 8 2023 LSOUTDA N N;.JONESCINCLERK,H IJN IIABONMARCHE March 7, 2023 South Bend Common Council 227 W. Jefferson Blvd South Bend, IN 46601 Filed in Clerk's Office MAR O 8 2023 DAWN M. JONES CITY CLERK, SOUTH BEND, IN Engineering • Architecture • Land Surveying Re: Excess Right-of-Way on the South Side of Corby, Blvd West of Arthur St. Dear members of the Council: Please find enclosed a Petition to Vacate a Public Right-of-Way. The petitioners recently acquired both homes that used the excess Right-of-Way for access and parking. It is their intent to combine this excess Right-of-Way with their adjacent parcels for the new proposed development. Respectfully, ABONMARCHE CONSULTANTS, INC. 0N� Robert A. Nichols Project Manager 315 West Jefferson Boulevard, South Bend, IN 46601 • 574.232.8700 abonmarche.com Bill No. 15-23 Filed in Clerk's Office MAR 0 8 2023 BILL NO. 15-23 DAWN M. JONES ORDINANCE NO. CITY CLERK, SOUTH BEND,IN AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1100 BLOCK OF CORBY BOULEVARD BEING A PART OF CORBY BOULEVARD AS SHOWN ON THE INDIANA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLANS FOR SR 23, R/W CODE 3786, DES NO. 9133615, PROJECT NO.STP-S050-(007) DATED DECEMBER 19, 2011 AND BEING SITUATED IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 6,TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP,CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12,the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: Excess Right of Way on the South Side of Corby Blvd,West of Arthur St. more fully described in Exhibit A attached hereto hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana,to construct and maintain any facilities, including,but not limited to, the following: electric,telephone, gas,water, sewer, surface water control structures and ditches, within the vacated right-of-way,unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lots 321, 320 and 319 of Park P1 3rd Add Section IV. The purpose of the vacation of the real property is to combine excess Right- of-Way with adjacent parcels for new proposed development. SECTION V. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2023, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office LMAR 0 8 NB DAWN M.JONES CITY CLERK,SOUTH BEND,IN Filed in Clerk's Office MAR 0 8 2023 ZIABONMARCHE DAWN M.JONES CITY CLERK.SOUTH BEND.IN Engineering • Architecture • Land Surveying LETTER OF TRANSMITTAL TO: Office of the City Clerk DATE: 3/7/2023 JOB NO.: 21-1378.422 City of South Bend 337 W. Jefferson Blvd, Ste. 455 RE: ROW Vacation County City Building 1 100 Block of Corby Blvd South Bend, IN 46601 WE ARE SENDING YOU: LI Contract/ Agreement Prints / Plans Shop Drawings Change Order Specifications COPIES DATE DESCRIPTION 1 BPW Preliminary Review Packet 1 Petition to Vacate 1 Ordinance 1 Letter-Explanation for Alley Vacation Certified mailing envelopes 150.00 (cash) filing fee THESE ARE TRANSMITTED as checked below: For Review & Comment ® For Your Use As Requested Approved as Submitted Approved as Noted Returned for Corrections For Bids Due: REMARKS: COPY TO: n SIGNED: If enclosures are not as noted, kindly notify us at once. 315 West Jefferson Boulevard,South Bend,IN 46601 •574.232.8700 abonmarche.com it 1316 COUNTY-CITY BUILDING PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD W \\ a? FAX 574/235-9171 SOUTH BEND,INDIANA 46601-1830 PE _ r '47Filed in Clerk's Office 1865.... .:.: MAR !CITY OF SOUTH BEND JAMES MUELLER,MAYOR MAR 0 6 2023 BOARD OF PUBLIC WORKS DAWN M.J•N S CITY CLERK,SOUTH BEND,IN February 14,2023 Mr.Robert Nichols for Five Corners,LLC 814 Marietta St. South Bend,IN 46601 rnicholsAabonmarche.com RE: Right-of-Way Vacation—1100 Block of Corby Blvd.(Preliminary Review) Dear Mr.Nichols: At its February 14, 2023 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-13,the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this Right-of-Way with a request to maintain the same distance from back of curb and degree of curve in road.If you still wish to pursue this Right-of-Way vacation,please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 4th floor of the County-City Building. Alley/Street vacations require a presentation to the Common Council,approval of an ordinance,and certification of the ordinance from the Mayor.The property then must be recorded with the Recorder's Office to ensure that your 50%ownership of the property is appropriately transferred to your name.If you have any questions about how the Right-of-Way vacation will affect your property taxes,please contact the Auditor's Office. In its Ordinance, the City of South Bend Common Council included the Board of Public Works' requirement that you eliminate the alley approach by hiring a private contractor bonded with the City to tear out the approach, replace with curb, and establish a tree lawn in accordance with City standards and specifications.These updates should be made within ninety(90)days of final approval from the Common Council. Please notify us when this work is complete.If you have any further questions,please call this office at(574)235- 9251. Sincerely, s/Theresa Heffner Theresa Heffner,Clerk Enclosures TH/1h ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT JORDAN V.GATHERS MURRAY L.MILLER SOUTH g, re,ce ti x aes. INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: January 11, 2023 TO: Matt Longfellow, Public Works Zach Hurst, Engineering Chris Dressel, Community Investment Gerard Ellis, Fire Department Brad Rohrscheib, Police Department FROM: Theresa Heffner, Clerk (theffner@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS— ROW VACATION APPLICANT: Robert Nichols for Five Corners, LLC LOCATION: 1100 Block of Corby Blvd. PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA: 1 The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. PUBLIC WORKS: No objections to this vacation, assuming the legal description for the proposed new right-of-way line (along south side of Corby) maintains the same distance from back of curb and the degree of curve in the road as the existing right-of-way line of Corby. COMMUNITY INVESTMENT: Favorable recommendation includes request to include the ROW remnant found at the SW corner of Arthur Street and Corby. FIRE: Favorable POLICE: Favorable recommendation Filed in Clerk's Office EXHIBIT A MAR 0g 2OY3 CORBY BOULEVARD VACATION DESCRIPTION bAWN M,JONES CITY CLEI 1<,SOUTH BEND,IN BEING A PART OF CORBY BOULEVARD AS SHOWN ON THE INDIANA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLANS FOR SR 23, R/W CODE 3786, DES NO. 9133615, PROJECT NO. STP-S050-(007) DATED DECEMBER 19, 2011 AND BEING SITUATED IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 6,TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST.JOSEPH COUNTY, INDIANA,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING OF THIS DESCRIPTION PER RECORDED ALTA SURVEY, INSTRUMENT NUMBER 2022-21866, ST. JOSEPH COUNTY RECORDER. COMMENCING AT A CAPPED REBAR (ABONMARCHE FIRM #0050) ON THE SOUTHERLY LINE OF A TRACT OF LAND CONVEYED TO THE STATE OF INDIANA AS DESCRIBED IN INSTRUMENT NUMBER 1113039 - PARCEL 88 , ST. JOSEPH COUNTY RECORDER; THENCE SOUTH 54°27' 26" EAST,ALONG THE SOUTHERLY LINE OF SAID STATE OF INDIANA- PARCEL 88 LAND, AND SAID LINE EXTENDED, 141.79 FEET TO A CAPPED REBAR (ABONMARCHE FIRM #0050) ON THE EAST LINE OF LOT 11 OF BERGAN'S REPLAT OF LOTS 2, 3, AND 4 OF LISTENBERGER'S FIRST ADDITION, RECORDED IN PLAT BOOK 10, PAGE 9, ST.JOSEPH COUNTY RECORDER,AND BEING THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 54°27' 26" EAST, 18.31 FEET TO THE POINT OF CURVATURE OFA TANGENT CURVE TO THE LEFT; THENCE SOUTHEASTERLY, AN ARC DISTANCE OF 100.19 FEET, ALONG SAID CURVE HAVING A RADIUS OF 440.00 FEET AND SUBTENDED BY A LONG CHORD BEARING SOUTH 60°58'51" EAST,99.98 FEET TO A POINT LYING NORTH 00° 11'53" WEST FROM THE NORTHEAST CORNER OF LOT 319 AS SAID LOT IS KNOWN AND DESIGNATED ON THE THIRD PLAT OF PARK PLACE, RECORDED IN PLAT BOOK 8 PAGE 192, ST. JOSEPH COUNTY RECORDER; THENCE SOUTH 00° 11' 53" EAST, ALONG THE NORTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 319, A DISTANCE OF 34.11 FEET TO THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTH 89° 43' 16" WEST, ALONG THE NORTH LINE OF SAID LOT 319 AND THE NORTH LINE OF LOTS 320 AND 321 OF SAID THIRD PLAT OF PARK PLACE, 102.03 FEET TO A CAPPED REBAR (ABONMARCHE FIRM #0050); THENCE NORTH 00° 15' 02" WEST, ALONG THE SOUTHERLY PROJECTION OF THE EASTERLY LINE OF SAID LOT 11 AND ALONG THE EASTERLY LINE OF SAID LOT 11, 93.75 FEET TO THE POINT OF BEGINNING. SUBJECT TO ALL COVENANTS, RIGHTS-OF-WAY, AND EASEMENTS OF RECORD. CONTAINING 6,231 SQUARE FEET(0.14 ACRES) MORE OR LESS. THIS DOCUMENT WAS PREPARED BY HANS P. MUSSER, INDIANA REGISTERED LAND SURVEYOR, LICENSE NUMBER 29700002. uaIUI11111 S P Moo'', 12/22/2022 HANS P. MUSSER, PS DATE LS29700002 STATE OF JOB NO.: 21-1378 4 40'' F:\SHARE\CLERK\AGENDAS&PACKET MATERIAL\2023\03-13-2023\21-1378 CORBY BLVD VACATION DESCRIPTION.DOCX RECEIVED Y„_tt f...STREET/ALLEY VACATION APPLICATION va City of South Bend — Board of Public Works JAN 1 1 2023 227 W.Jefferson Boulevard, Ste. 1316 City of South Bend uks South Bend, IN 46601 Div. of Engineering Date: 1/11/2023 Phone#: 574-232-8700 Five Comers, j_ 0. SLC , rnichols@abonmarche.com Name: e)1(1 0( loft 0 4- 5.6 y lap b Email: Property It 60 ‘1oc Cb C0,00(. RA Address: MC • I'i[i ?•L'4 f I 'L.11&( Applicant property information: El Residential 0 Commercial Industrial Describe the general alley location with boundaries(Ex:Church PI,between E.Colfax Ave&E.LaSalle Ave): Excess Right of Way on the South Side of Corby Blvd, West of Arthur St. Is your property adjacent to the alley of interest? E Yes No Do you own all adjacent properties to the alley of interest?Yes Q No Does the existing alley provide garage access to other property owners? 0 Yes El No Does the alley receive daily traffic excluding your own use?Yes 0 No Would the vacation hinder public access to any of the following:a church, Yes Q No school,or any other public building or place? Reason for street/alley vacation and proposed use: Five Corners LLC recently acquired both homes that used the excess ROW for access and parking. it is their intent to combine this excess ROW with their adjacent parcels for their new proposed development. A map MUST be provided highlighting the area you would like to vacate with this application. OFFICE USE ONLY: Board Recommendation: v]rYes No CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS a Elizabeth A.Maradik,President Joseph R.Molnar,Vice President Gary A.Gilot,Member Jordan V.Gathers,Member Murray L.Miller,Member Attest: Theresa M.Heffner,Clerk Date: February 14,2023 l 5. i ik.,$ jl A i / f 0 . - J At L 1 $ d Ali, dm,.• 4,E .j,,, IA, 'nom er.,, ,.,.;__,-,--- ...1.)---, f r Om or® © - I R ..1 p.,-.:iN AO 3 Ji i El Tl rJ I t R--- 3 Yr L :? la t L _ I I It, I - - I- 14,1 I. T 701:1 ' 1? 1 A. - sNss Ilikrt+/ -• 't2 X--.' l't', 6'30.',-:.: ' ,; 47: ;..,.; ' A ii.‘. i . it gl ' i .17i11.4'''--.t NNN‘,,r(7 r,. g,..,,. / f. 4 PiN. 1 013-510G-37-V, 6W?'k C20,, u'' - i S+ • I v, E ea r." 1 ... ,y% - ` : :.` '1 a 20 rW' I 1 t j+t,- _ (•(iQ 7T r -. - ;/ • i'4.? 11+ ` Fi 1 ' v f4. T I i41,_ •:‘, V J. c rf y. o n.;q 11 1f 4',d - . .i& Pj ! ',:,[1 .fi Ur mss. lir O ft 4( r J R,c' e p - 32 Jve ©c r 0-S ' ' _ r , ?<. 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' CP 1 [ il iti g it t r • • t[ ti , lo a r,i r, ; i1ie rt ,,.,.1 t4 .i i . 77..,1 v . .• i 1 n.iii C:i'' ' e'l'''' 1 '' - ' '.; ,• I '7'' 71.; 3 J 1100.11_; ` - iiiiit j LRLN tr Legend Michiana Regional GIS Website SJC Parcel Dimensions txtSubTitle J SJC Parcels Map Generated ByPublic 1 inch=75.00 feet Date Printed; 12/30/2022 SJC Street r rw.. — N Miles 1.IIIII A 1{0 d.do d, 1___i Coordinate grid is based on Indiana East State Plane Coordinate System 1983 North I q American Datum. i i Information shown on this map Is not warranted for accuracy or merchantability.1 AL Reproduction or distribution of this material is not authorized without the express written permission of MACOG. r fAl ,91:11,..2) t.,•''. 0l'.. .4 •00)6".7:1,,,..`t•in-1 2 (3,.4i1.4 H...0It•---it .i... 11-11.,-.7...1................;,,,4.1- ,,,,,) Ji N..•,, ,,,,,1 ,4r" cr)CI 7:4 rr';''' i• ,I C.'4;70ir4CNJ.,:--",c:34p1A 0 i4Ii11CO441f 1 C22' 0'4) un 7•-•••j, I', 0,-.,e1.-1, i r 1111 j.. 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I., N..- . . c• ii 4.0 - • c )I 0 9) 1 OD is ..t . ,. te -....i,,,- 1. • 11111111 mailingadd mailingcit mailing mailingzip name_1 prop_addr prop_city prop_st prop_zip 10843 Weston Dr Carmel IN 46032 ALFORD PAULA L&JERRY B 1148 CORBY BLVD SOUTH BEND IN 46617 1209 Corby Blvd South Bend IN 46617 KUHARIC PAUL F &JILL E 1201 CORBY BLVD SOUTH BEND IN 46617 814 Marietta South Bend IN 46601 FIVE CORNERS LLC 1133 CORBY BLVD SOUTH BEND IN 46617 814 Marietta South Bend IN 46601 FIVE CORNERS LLC 1124 CORBY BLVD SOUTH BEND IN 46617 814 Marietta St South Bend IN 46601 FIVE CORNERS LLC 1132 CORBY BLVD SOUTH BEND IN 46617 814 Marietta St South Bend IN 46601 FIVE CORNERS LLC 1125 CORBY BLVD SOUTH BEND IN 46617 1209 Corby Blvd South Bend IN 46617 KUHARIC PAUL&JILL E KUHARIC 1209 CORBY BLVD SOUTH BEND IN 46617 1135 CORBY BLVD SOUTH BEND IN 46617 1137 CORBY BLVD SOUTH BEND IN 46617 814 Marietta St South Bend IN 46601 FIVE CORNERS LLC 1140 CORBY BLVD SOUTH BEND IN 46617 814 Marietta St South Bend IN 46601 FIVE CORNERS LLC 1144 CORBY BLVD SOUTH BEND IN 46617 814 Marietta South Bend IN 46601 FIVE CORNERS LLC 1128 CORBY BLVD SOUTH BEND IN 46617 814 Marietta St South Bend IN 46601 FIVE CORNERS LLC 1134 CORBY BLVD SOUTH BEND IN 46617 814 Marietta St South Bend IN 46601 FIVE CORNERS LLC 1136 CORBY BLVD SOUTH BEND IN 46617 814 Marietta South Bend IN 46601 FIVE CORNERS LLC 1136 SOUTH BEND AV SOUTH BEND IN 46617 16001 S 108th Ave Orland Park IL 60467 RL WHITCOMB LLC 1202 CORBY BLVD SOUTH BEND IN 46617 1526 E LaSalle South Bend IN 46617 KUHARIC PAUL& KIMMELL ANN MARIE Abliiii"0,,.., g -.4 . 41111) 7.d. 1865 OFFICE OF THE CITY CLERK DAWN M.JONES, CITY CLERK PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/ALLEY) DATE: 34203 To the Common Council of the City of South Bend,Indiana.I(we),the undersigned property owner(s), petition you to vacate: 1. THE ALLEY DESCRIBED AS: 2. THE STREET DESCRIBED AS: Excess Right of Way on the South Side of Corby Blvd. See attached map) Abutting Property Owner(s)Signatures: Name(print): Signature Address Lot Number Five Corners. LLC Gnr, \acyl.), 814 Marietta St, South Bend. IN 46617 (See attached) 1. rVuc,yn/ A-) 2. 3. INTEGRITY' SERVICE'ACCESSIBILITY BIANCA L.Tmnno GRA IAni D.SPARKS GAiRIEL N.MUREI CHIEF DEPUTY/DIRECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERIC EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Blvd.1 South Bend,Indiana 466011 p 574.235.92211f 574.235.91731 www.southbendin.gov ll El1 1 11 D C1'L. -0J-I. l'-' .. i i , L aK r n n n Q 1: :J I, r4, it, — 2' a r ,` n74' } b.` r• 1mi11 . min+' N N 1 i I 2.I a I` • F 19j.r, 11 p 11 5 41 3 1 M , 4,' rale J d. m3DC7mXi m, Pd c` 3v o 87-30 : _:Ti+ M ti' s o = s. m 9, O m Doo a 1,„.• 0/8:5087-3100 018-508;3Ulfi iS f _?` nf vo 0 5. g N 6- CR 018-5087-3087 f• r r to :• n o g 118-50R7-3101 1 441, //j 3 o n 018-5087-3088 O N gb '-7- r 018-5057-3142 130018-5087-3089 ci L` OD rff \ - y F, 3 ' 1 018 5067 3090 . 0 0 ? ye'' I I 018.3081 3091 € O 7 n' 5 n 1-,.I.,--5.-I-17-',11-1 r ^ 4 N i_ -I y, J s" 74 018 5087.3092 v T y m x E lD tits r i; Z. r3 do fa ., 9 - as e ,--,,, o a ` LI' y . 0184087: 309473 O c` J 91 w 1'• yCD i f AM' y • 0184097-3095 r CI cz f u 018-3Gu7-3107 % F Ct o I R T i 5 i ) {',_:? 1 n2 t 11 m 018-5087-3108 s t 0 C7 _ -1 .+ - I, I sal t 1 Q t s 018fi092 3257 D 3 J ! 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