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Home My WebLink About06-12-2023 Final Common Council Meeting Notice & Agenda Packet FINAL 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, JUNE 8, 2023 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, June 12, 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/06122023CC. 3:00 P.M. PERSONNEL & FINANCE CHAIRPERSON, NIEZGODSKI 1. Bill No. 23-24 – A Resolution for Professional Sports Convention Development (PSCD) Tax Area Expansion 3:30 P.M. COMMUNITY INVESTMENT CHAIRPERSON, TOMAS-MORGAN 1. Bills No. 23-26 – A Resolution Reconfirming the adoption of Declaratory Res.: 520 S. Lafayette Blvd, SB, IN 8 yr. tax abatement 2. Bill No. 23-27– A Resolution Designating: 504 South Lafayette Boulevard, 8 yr. Tax Abatement 3. Bill No. 23-28 – A Resolution Confirming Personal Property: 3201 W. Calvert St. Tax Abatement 4. Bill No. 23-29 – A Resolution Confirming Real Property: 3201 W. Calvert St. Tax Abatement 5. Bill No. 23-30 – A Resolution Confirming a Declaratory Res. Area known as: 521 N. William St., SB 6. Bill No. 23-31 – A Resolution Designating Area: 5448 Dylan Dr., SB., IN, Tax Abatement 7. Bill No. 23-32 – A Resolution Designating Area 516 South Michigan St., SB., Two yr. Vacant Building Tax Abatement 8. Bill No. 23-33 – A Resolution Designating Area 516 South Michigan St., SB., Two yr. Real Property Tax Abatement 4:10 P.M. ZONING & ANNEXATION CHAIRPERSON, HAMANN 1. Bill No. 23-23 – A Zoning Ordinance to Approve a Petition for a Special Exception for Property Located at 3003 Lincolnway West, Councilmanic District 2, South Bend, IN 2. Bill No. 24-23 – A Zoning Ordinance to Approve a Petition for a Special Exception for Property Located at 1127, 1131 and 1135 West Western Ave. Councilmanic District 2, South Bend, IN 3. Bill No. 25-23 – A Zoning Ordinance to Approve a Petition for a Special Exception for Property Located at 1436 Bowman, Councilmanic District 3, South Bend, IN 4. Bill No. 26-23 – A Zoning Ordinance to Approve a Petition for a Special Exception for Property Located at 2402 S. Twyckenham, Councilmanic District 5, South Bend, IN 5. Update – Caleb Bauer, Executive Director of Community Investment – Overview of the Two Low-Income Housing Tax Projects 4:50 P.M. PUBLIC WORKS & PROPERTY VACATIONS CHAIRPERSON, NIEZGODSKI 1. Bill No. 15-23 – An Ordinance to Vacate 1100 Block of Corby Blvd.– 2nd SUBSTITUTE Council President Sharon L. McBride has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Public Works and Property Vacations Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, SHARON L 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, June 12, 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/06122023SBCC 1. INVOCATION Eld. Darrell Sanders, – Christian Center 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS Empowerment Zone Update – Dr. Davion Lewis, Empowerment Zone Chief 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE BILL NO. 15-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1100 BLOCK OF CORBY BOULEVARD – 2nd SUBSTITUTE 23-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3003 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 24-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1127, 1131, and 1135 WEST WESTERN AVENUE, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 25-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1436 BOWMAN. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 26-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 2402 S TWYCKENHAM DRIVE, COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA 8. RISE AND REPORT 9. REGULAR MEETING RECONVENED 10. BILLS ON THIRD READING BILL NO. 15-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCI L OF THE CITY OF THE SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1100 BLOCK OF CORBY BOULEVARD – 2nd SUBSTITUTE 23-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3003 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 24-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1127, 1131, and 1135 WEST WESTERN AVENUE, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 25-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1436 BOWMAN. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 26-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 2402 S TWYCKENHAM DRIVE, COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA 11. RESOLUTIONS BILL NO. 23-24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, REINSTATING, REAFFIRMING AND AMENDING RESOLUTION NOS. 2519-97 AND 4917-21 (“ COLLECTIVELY RESOLUTIONS”) TO ADD SITES TO THE ESTABLISHED PROFESSIONAL SPORTS CONVENTION DEVELOPMENT AREA (PSCDA), NAMELY THE NEW CITY HALL PURCHASED FROM THE SOUTH BEND COMMUNITY SCHOOL CORPORATION, THE POLICE STATION, ALL FIRE STATIONS, THE MUNICIPAL WATER WORKS BUILDING, THE WASTE WATER TREATMENT PLANT, AND THE EQUIPMENT SERVICES BUILDING; AND TO EXTEND THE EXPIRATION DATE OF THE PSCDA FIRST ESTABLISHED AND THEN EXPANDED BY THE RESOLUTIONS; TO MAKE OTHER NECESSARY AND APPROPRIATE CHANGES TO THE RESOLUTIONS 23-26 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, MODIFYING AND RECONFIRMING THE ADOPTION OF DECLARATORY RESOLUTION NO. 4921-21 DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 520 SOUTH LAFAYETTE BOULEVARD, SOUTH BEND, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT-YEAR (8) MULTI-FAMILY RESIDENTIAL DEVELOPMENT REAL PROPERTY TAX ABATEMENT 23-27 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 504 SOUTH LAFAYETTE BOULEVARD, SOUTH BEND, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT-YEAR (8) REAL PROPERTY TAX ABATEMENT FOR REAL AMERICA DEVELOPMENT 23-28 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3201 W. CALVERT ST., SOUTH BEND, IN 46613 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE- YEAR (5) PERSONAL PROPERTY TAX ABATEMENT FOR VERBIO NORTH AMERICA, LLC 23-29 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3201 W. CALVERT STREET, SOUTH BEND, IN 46613 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT-YEAR (8) REAL PROPERTY TAX ABATEMENT FOR VERBIO NORTH AMERICA LLC. 23-30 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 521 N. WILLIAM STREET, SOUTH BEND, IN 46616 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FOUR- YEAR (4) REAL PROPERTY TAX ABATEMENT FOR DAVID A. NUFER, LLC 23-31 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5448 DYLAN DRIVE, SOUTH BEND, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE - YEAR (9) REAL PROPERTY TAX ABATEMENT FOR GLC PORTAGE PRAIRIE, LLC 23-32 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 516 S. MICHIGAN ST., SOUTH BEND, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO- YEAR (2) VACANT BUILDING TAX ABATEMENT FOR HERSTORIC PROPERTIES LLC 23-33 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHINTHE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 516 SOUTH MICHIGAN STREET, SOUTH BEND, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX-YEAR (6) REAL PROPERTY TAX ABATEMENT FOR HERSTORIC PROPERTIES, LLC 12. BILLS OF FIRST READING BILL NO. 39-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS FOR THE YEAR 2023 OF $110,654 FROM THE GENERAL FUND (#101), $1,195,000 FROM THE PARKS AND RECREATION FUND (#201), $56,000 FROM THE CENTRAL SERVICES FUND (#222), $3,127,099 FROM THE LOCAL INCOME TAX – ECONOMIC DEVELOPMENT FUND (#408), $1,000,000 FROM THE PROFESSIONAL SPORTS CONVENTION DEVELOPMENT AREA (#413), $2,322,376 FROM THE 2018 TIF PARK BOND CAPITAL FUND (#452), $1,482,530 FROM THE 2017 PARK BOND CAPITAL FUND (#471), $100,000 FROM THE PARKING GARAGES FUND (#601), $100,000 FROM THE SEWAGE WORKS OPERATIONS FUND (#641), AND $60,000 FROM THE CENTURY CENTER CAPITAL FUND (#671) 40-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2023 41-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE 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 42-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, CREATING THE 2023 TIF BOND SERIES A CAPITAL FUND (#456) 43-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, ADDING CHAPTER 14, ARTICLE 10, SECTIONS 14-61 THROUGH AND INCLUDING 14- 63 ADDRESSING EXTERMINATION/PEST CONTROL IN RESIDENTIAL RENTAL UNITS 13. UNFINISHED BUSINESS 14. NEW BUSINESS THE NEXT COUNCIL COMMITTEE MEETING IS SCHEDULED TENTATIVELY FOR JUNE 26, 2023 @ 3:30 PM WITH THE REGULAR COUNCIL MEETING FOLLOWING @ 7:00 PM 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. 04-24-2023) 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 Thomas Kurzhal, Citizen Member Henry Davis, Jr., Member Kaine Kanczuzewski, 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 Desmont Upchurch, Citizen 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 Maria Gibbs, Citizen Member Matthew Coats, 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 Beth Sanford, 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 Lori K. Hamann, Member Karen L. White, Vice-Chairperson Carl Littrell, Citizen Member Jason Piontek, Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Henry Davis, Jr., Member Canneth Lee, Vice-Chairperson Sheila Niezgodski, Member Amika Micou, Citizen Member Lakeyue Williams, 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 anne xation and zoning. Lori K. Hamann, Chairperson Sheila Niezgodski, Member Henry Davis, Jr., Vice-Chairperson Karen L. White, Member James Snodgrass, 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 Community Relations Committee, Member Utilities Committee, Vice-Chairperson Sub-Committee on Minutes, Member Community Investment, Member Council Rules Committee, Member Personnel & Finance Committee, 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 I200N COUN'I Y-CITY BUILDING 227 W. JEFFEKSON BLVD. SOUTH BENO, I NOIA NA 46601-1830 PIIONF. 574.235.9216 FAX 574.235.CJQ28 CITY OF SOUTH BEND, IN JAMES MUELLER, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE May 17, 2023 Honorable Sharon McBride, President ·City of South Bend Common Council· 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 Filed in Clerk's Office I HAY'-172023 I -· DAWN M. JONES CITY CLERK, SOUTH BENO, IN RE: Resolution for Professional Sports Convention Development (PSCD) Tax Area Expansion Dear Council President McBride, On October 27, 1997, the South Bend Common Council approved Resolution No. 2519-97, which applied then existing statutory authority to establish a Professional Sports Convention Development Area ("PSCD Tax Area") within the boundaries of the City of South Bend (the "City"). This PSCD Tax Area lapsed in 2017. During the 2021 Legislative Session, with backing from local leaders and community members, the Indiana General Assembly amended the enabling statute (Indiana Code 36-7-31.3) to allow the South Bend Common Council to reestablish the Tax Area and expand it to include additional properties which it did on June 14, 2021 through Resolution no. 4917-21. During the 2023 Legislative Session SEA 326 was passed and signed by the Governor on May 4, 2023. SEA 326 (i) increases the current cap of revenues to be paid to the City from$ 2,000,000.00 to$ 5,000,000.00 (ii) increases the PSCDA Tax Area to include City owned facilities such as the new City Hall purchased from the South Bend Community School Corporation; Police Station; all Fire Stations Waste Water Treatment Plant; and the Municipal Water Works Facility in downtown South Bend, and (iii) extends the enabling legislation until July 1, 2044. The attached resolution aligns with the newly passed legislation. This resolution does not increase taxes or impose new taxes. Rather, the PSCD Tax Area allows the City to capture certain sales tax revenues and income tax revenues (from the list of properties included in the Tax Area) that would otherwise be remitted to the state. This capture of revenue is estimated to bring to the City up to $5,000,000.00 on an annual basis for twenty years amounting to $100,000,000.00. These revenues must be used in accordance with the terms of this resolution and Indiana Code § 36-7-31.3 and as amended by SEA 326 (which limits spending primarily to capital improvements for City-owned professional sports and convention facilities). I will present this bill to the Common Council at the appropriate committee and Council meeti ngs. It is requested that this resolution be filed for hearing on June 26, 2023. It may be necessary to move that date to June 12, 2023. If so, I or a member of the City Legal Department will provide advance notice of this date change. BILL NO. 23-24 Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-9822. Sincerely, ri/L WI"; Filed in Clerk's Office Kyle Willis, City Controller MAY'.17 2023 DAWN M.JONES CITY CLERK,SOUTH BEND,IN Page 2 of 2 ark's a c '?0,?3 May 17, 2023 Honorable Sharon McBride, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 N RE: Resolution for Professional Sports Convention Development (PSCD) Tax Area Expansion Dear Council President McBride, On October 27, 1997, the South Bend Common Council approved Resolution No. 2519-97, which applied then existing statutory authority to establish a Professional Sports Convention Development Area ("PSCD Tax Area") within the boundaries of the City of South Bend (the City"). This PSCD Tax Area lapsed in 2017. During the 2021 Legislative Session, with backing from local leaders and community members, the Indiana General Assembly amended the enabling statute (Indiana Code 36-7-31.3) to allow the South Bend Common Council to reestablish the Tax Area and expand it to include additional properties which it did on June 14, 2021 through Resolution no. 4917-21. During the 2023 Legislative Session SEA 326 was passed and signed by the Governor on May 4, 2023. SEA 326 (i) increases the current cap of revenues to be paid to the City from $ 2,000,000.00 to $ 5,000,000.00 (ii) increases the PSCDA Tax Area to include City owned facilities such as the new City Hall purchased from the South Bend Community School Corporation; Police Station; all Fire Stations Waste Water Treatment Plant; and the Municipal Water Works Facility in downtown South Bend, and (iii) extends the enabling legislation until July 1, 2044. The attached resolution aligns with the newly passed legislation. This resolution does not increase taxes or impose new taxes. Rather, the PSCD Tax Area allows the City to capture certain sales tax revenues and income tax revenues (from the list of properties included in the Tax Area) that would otherwise be remitted to the state. This capture of revenue is estimated to bring to the City up to 5,000,000.00 on an annual basis for twenty years amounting to $100,000.00. These revenues must be used in accordance with the terms of this resolution and Indiana Code § 36-7-31.3 and as amended by SEA 326 (which limits spending primarily to capital improvements for City -owned professional sports and convention facilities). I will present this bill to the Common Council at the appropriate committee and Council meetings. It is requested that this resolution be filed for hearing on June 26, 2023. It may be necessary to move that date to June 12, 2023. If so, I or a member of the City Legal Department will provide advance notice of this date change. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-9822. Sincerely, Kyle Willis, City Controller BILL NO. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BENK/V, INDIANA, REINSTATING, REAFFIRMING AND AMENDING RESOLUTION NOS. 2519-97 AND 4917-21 (" COLLECTIVELY RESOLUTIONS") TO ADD SITES TO THE ESTABLISHED PROFESSIONAL SPORTS CONVENTION DEVELOPMENT AREA (PSCDA), NAMELY THE NEW CITY HALL PURCHASED FROM THE SOUTH BEND COMMUNITY SCHOOL CORPORATION, THE POLICE STATION, ALL FIRE STATIONS, THE MUNICIPAL WATER WORKS BUILDING, THE WASTE WATER TREATMENT PLANT, AND THE EQUIPMENT SERVICES BUILDING; AND TO EXTEND THE EXPIRATION DATE OF THE PSCDA FIRST ESTABLISHED AND THEN EXPANDED BY THE RESOLUTIONS; TO MAKE OTHER NECESSARY AND APPROPRIATE CHANGES TO THE RESOLUTIONS WHEREAS, the Common Council of the City of South Bend, Indiana, (the "Common Council") on October 27, 1997, applying then existing statutory authority under Ind. Code 36-7- 31.3, approved a Resolution establishing a Professional Sports Convention Development Area PSCD Tax Area) within the boundaries of the City of South Bend, consisting of the following specific sites: the College Football Hall of Fame; Century Center; Stanley Coveleski Stadium; Moris Civic Auditorium/Palais Royale Ballroom; and the Studebaker National Museum, a copy of which Resolution without exhibits is attached hereto as Exhibit A ("Original Boundaries"); and WHEREAS, Stanley Coveleski Stadium is now known as Four Winds Field at Stanley Coveleski Stadium, and the Morris Civic Auditorium is now known as the Morris Performing Arts Center; and WHEREAS, Ind. Code 36-7-31.3-8, the enabling statute for a PSCD Tax Area ("Enabling Statute") originally identified the City of South Bend by population, i.e., as "a city having a population of more than one hundred thousand, but less than one hundred ten thousand (110,000)." It was amended by the Indiana General Assembly in 2021 to expressly identify South Bend by name and included other specific sites which the South Bend Common Council was empowered to add to the City's PSCDA after June 30, 2021. ("Eligible Boundaries"). The Eligible Boundaries for PSCD Tax Area inclusion under Ind. Code 36-7-38.3-8(f) as amended in 2021 are comprised of the Aloft Hotel, the Courtyard by Marriott South Bend, Downtown, the Doubletree Hotel, Howard Park including its Community Center and the Howard Park Public House, and the campus of Indiana University South Bend; and WHEREAS, the Enabling Statute was further amended by the Indiana General Assembly in 2023 through Senate Enrolled Act ("SEA") 326 which authorizes inclusion within the Eligible Boundaries of the new City Hall purchased from the South Bend Community Corporation, the Police Station, all Fire Stations, the Waste Water Treatment Plant, the Municipal Water Works Building, and the Equipment Services Building. (Original Boundaries, Eligible Boundaries and Expanded Boundaries by SEA 326 are collectively hereafter referred to as ("Eligible Boundaries")). WHEREAS, SEA 326 increased the cap on eligible Revenues to be retained by the City of South Bend from $ 2,000,000.00 Dollars per year to $ 5,000,000.00 per year and extended the expiration date to collect Eligible Revenues from the PSCD Tax Area Eligible Boundaries to July 1, 2044 WHEREAS, Resolution No. 2519-97 at Section III contained a stated expiration date of December 31, 2027; however, pre-emptive Indiana State law appears to have resulted in an expiration date prior to January 2021, necessitating formal reinstatement of Council's Resolution No. 2519-97; and WHEREAS, Ind. Code 36-7-31.3-10 (e) authorizes renewal through June 30, 2044 of the PSCDA beginning after June 30, 2023, to include the Eligible Boundaries as established by the Resolutions, plus the Eligible Boundaries authorized by Ind. Code 36-7-38.3-8(f) as amended by SEA 326 and further identified in this Resolution; and WHEREAS, after being fully advised in the matter, the Common Council finds this reaffirmation and restatement of the Resolutions to be in the best interest of the City of South Bend and its citizens. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA, THAT: SECTION I. Resolution No. 2519-97 (Exhibit 1 hereto) and Resolution No. 4517-21 Exhibit 2 hereto) are hereby restated and reaffirmed consistent with the amendments contained in the Sections which follow, and the findings in the previous introductory paragraphs are fully incorporated herein. SECTION II. In addition to those areas that formed the original Professional Sports Convention Development Area (PSCD Tax Area) under Resolution No.2519-97, and as expanded by Resolution No. 4917-21 (the "Resolutions"), the 2023 amendments to Ind. Code 36-7-38.3-8 within SEA 326 contain criteria for inclusion of additional facilities within the boundaries of the City of South Bend Indiana at Ind. Code 36-7-38.3-8(f)(4). To be added to the PSCD Tax Area, a facility within the City's boundaries must be: A) owned by the city of South Bend through a board established under IC, 36-9-6; B) titled in the name of the city of South Bend or an entity established to assist the city of South Bend or an entity to established to assist the city of South Bend to exercise its corporate powers-; . C) occupied by the City of South Bend; and D) used to exercise powers under IC, 36-1-4 to provide services pursuant to IC 36-4- 4-3, IC, 36-4-4-4, IC, 36-8-2 and IC 36-9-2. Facilities which satisfy the criteria listed in Section IC 36-7-38.3-8(f) (4) above, and which shall be added to the City of South Bend PSCD Tax area are listed on Exhibit 3 by abbreviated legal description, parcel numbers and tax identification numbers and consist of the City Hall which was purchased from the South Bend Community School Corporation, the Police Station, the Fire Stations, the Waste Water Treatment Plant, the Municipal Water Building, and the Equipment Services Building. SECTION III. The allocation provisions of IC, 36-7-31.3-10 (e) (2), (3), and (4) shall apply to the entire PSCD Tax Area comprised of the facilities and sites included in the Resolutions Exhibits 1 and 2) together with those described in previous Section II (Exhibit 3), and such allocation provisions shall expire July 1, 2044. SECTION IV. The maximum amount of covered taxes that may be captured in the PSCD Tax Area described in this Resolution is ($5,000,000) per year, as per Ind. Code 36-7- 31.8-10 (e), or as that statute may be amended hereafter. SECTION V. The use of the tax funds within the PSCD Tax Area shall be used for all purposes listed in IC 36-7-31-8-10 (e) which is incorporated by reference into this Section V. SECTION VI. If any terms of or conditions of this Resolution conflict with the Resolutions, and if reconciliation between the three resolutions is not possible, then the terms of this resolution shall control, and this resolution should be construed to be consistent with IC, 36- 7-31.3 as amended by SEA 326. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member South Bend Common Council Remainder of Page Intentionally Left Blank] EXHIBIT I KION COUNCIL RESOLUTION NO. 2519-97 DA TAX AREA ORIGINAL BOUNDARIESARIES OF PSC Filed in Clerk's Office MAY 17 2021 DAWN M. JONES CITY CLERK, SOUTH BEND, IN Fileel- in Cierk,s office MAY 172023 CC DAWN oy k s B Np, W RESOLUTION NO. 2519-97 Passed by the Common Council of the City of South Bend, Indiana, October 271 1997 Attest: F:. I'I.C.0 City Clerk r Attest: Y . /: Com' / President of Common Council. l Presented by me to the Mayor of the City of South Bend, Indiana October 28, 14 97 Approved and signed by me November 3, City Clerk 19 97 _, Mayor ix l RESOLUTION NO. rZ / 1 4 / A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DECLARING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE COLLEGE FOOTBALL HALL OF FAME, CENTURY CENTER, COVELESKI STADIUM, MORRIS CIVIC AUDITORIUM/PALAIS BALLROOM AND THE STUDEBAKER NATIONAL MUSEUM AS A PROFESSIONAL SPORTS DEVELOPMENT AREA STATEMENT OF PURPOSE AND INTENT WHEREAS, the Common Council (the "Council") is the legislative body of the City of South Bend, Indiana; and WHEREAS, the Council finds that the City of South Bend has a Professional Sports Franchise, known as the "South Bend Silverhawks," which plays the majority of its games in a facility owned by the City known as "Coveleski Stadium," and WHEREAS, the Council, pursuant to Indiana Code 36-7-31.3, as amended (the "Act") , finds that it has studied certain areas within South Bend hereby designated as the College Football Hall of Fame more particularly described in Exhibit "A"), Century Center (more particularly described in Exhibit "B"), Stanley Coveleski Stadium more particularly described in Exhibit "C"), Morris Civic Auditorium/Palais Royale Ballroom (more particularly described in Exhibit "D"), and the Studebaker National Museum (more particularly described at "Exhibit E") with said Exhibits "A", "B", "C", "D" and E" being hereby attached to this Resolution, incorporated by reference and made a part thereof; and finds the areas to meet the requirements of facilities qualified to be part of a Professional Sports Development Area; and WHEREAS, the Council finds that the facilities owned by the City of South Bend in the above described area are either used by the professional sports franchise or for convention and tourism related events; and WHEREAS, upon such studies being made, the Council finds that the capital improvements undertaken in the above-described areas benefit the public health and welfare, are of public utility and protect or increase state and local tax bases and tax revenues; and WHEREAS, the Council finds that in order to provide special benefits to taxpayers by promoting economic development that is of public use and benefit, it is necessary and desirable to declare the areas herein described as the South Bend Professional Sports Development Area (the "Tax Area"). NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: Attest: RESOLUTION NO. 2519-97 Passed by the Common Council of the City of South Bend, Indiana, October 271 1997 V Attest: l City Clerk President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana October 28, IQ 97 j1 rr r City Clerk Approved and signed by me November 3, 19 97 f et.l2e Mayor RESOLUTION NO. rZ I J l / A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DECLARING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE COLLEGE FOOTBALL HALL OF FAME, CENTURY CENTER, COVELESKI STADIUM, MORRIS CIVIC AUDITORIUM/PALAIS BALLROOM AND THE STUDEBAKER NATIONAL MUSEUM AS A PROFESSIONAL SPORTS DEVELOPMENT AREA STATEMENT OF PURPOSE AND INTENT WHEREAS, the Common Council (the "Council") is the legislative body of the City of South Bend, Tndiana; and WHEREAS, the Council finds that the City of South Bend has a Professional Sports Franchise, known as the "South Bend Silverhawks," which plays the majority of its games in a facility owned by the City known as "Coveleski Stadium," and WHEREAS, the Council, pursuant to Indiana Code 36-7-31.3, as amended (the "Act") , finds that it has studied certain areas within South Bend hereby designated as the College Football Hall of Fame more particularly described in Exhibit "A"), Century Center (more particularly described in Exhibit "B"), Stanley Coveleski Stadium more particularly described in Exhibit "C"), Morris Civic Audit orium/Palais Royale Ballroom (more particularly described in Exhibit "D"), and the Studebaker National Museum (more particularly described at "Exhibit E") with said Exhibits "A", "B", "C", "D" and E" being hereby attached to this Resolution, incorporated by reference and made a part thereof; and finds the areas to meet the requirements of facilities qualified to be part of a Professional Sports Development Area; and WHEREAS, the Council finds that the facilities owned by the City of South Bend in the above described area are either used by the professional sports franchise or for convention and tourism related events; and WHEREAS, upon such studies being made, the Council finds that the capital improvements undertaken in the above-described areas benefit the public health and welfare, are of public utility and protect or increase state and local tax bases and tax revenues; and WHEREAS, the Council finds that in order to provide special benefits to taxpayers by promoting economic development that is of public use and benefit, it is necessary and desirable to declare the areas herein described as the South Bend Professional Sports Development Area (the "Tax Area"). NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: Taxes") , attributable to a taxable event or Covered Taxes earned in the Tax Area shall be allocated to the South Bend Professional Sports and Convention Development Area Fund, established pursuant to Section 14 of the Act. All of the salary, wages, bonuses, and other compensation that are (i) paid during a taxable year to a professional athlete for professional athletic services, (ii) taxable in Indiana, and (iii) earned in the Tax Area, shall be allocated to the Tax Area if the professional athlete is a member of a team that plays the majority of the professional athletic events that the team plays in Indiana in the Tax Area. Notwithstanding the foregoing provisions of this Section 2, the revenues and Covered Taxes described in this Section 2 may not be allocated until this Resolution is approved by the Indiana Budget Agency. SECTION III. The Common Council determines that the foregoing allocation provisions shall apply to the entire Tax Area and shall expire on December 31, 2027. SECTIO1 IV. The Common Council determines that the College Football Hail of Fame, Century Center, Coveleski Stadium, Morris Civic Auditorium/Palai s Royale Ballroom, and Studebaker National Museum, and the real estate upon which each facility is constructed are hereby designated as the facilities and the facility sites, for which the Tax Area has been established. SECTTON V. The Common Council hereby directs that funds from t e designated Tax Area will be used pursuant to the Act, I. C. 36-7-31.3--19, for any one, or any combination of, the following: a) a capital improvement that will equip, or the financing or refinancing or payment of lease payments for a capital improvement that will equip, the College Football Hall of Fame, a facility owned by the City and used for convention or tourism related events; or b) a capital improvement that will equip, or the financing or refinancing or payment of lease payments for a capital improvement that will equip, Century Center, a facility owned by the City and used for convention or tourism related events; or c) a capital improvement that will equip, or the financing or refinancing or payment of lease payments for a capital improvement that will equip, Morris Civic Audit orium/P alai s Royale Ballroom, a facility owned by the City and used for convention or tourism related events; or d) a capital improvement that will equip, or the financing or refinancing or payment of lease payments for a capital improvement that will equip, the Studebaker National Museum, a facility owned by the City and used for convention or tourism related events; or e) a capital improvement that will equip, or the financing designating a Professional Sports Development Area to be published pursuant to I.C. 5-3-1, 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. 11 / 4 1 Member of the ommon Co?fcil Taxes") , attributable to a taxable event or Covered Taxes earned in the Tax Area shall be allocated to the South Bend Professional Sports and Convention Development Area Fund, established pursuant to Section 14 of the Act. All of the salary, wages, bonuses, and other compensation that are (i) paid during a taxable year to a professional athlete for professional athletic services, (ii) taxable in Indiana, and (iii) earned in the Tax Area, shall be allocated to the Tax Area if the professional athlete is a member of a team that plays the majority of the professional athletic events that the team plays in Indiana in the Tax Area. Notwithstanding the foregoing provisions of this Section 2, the revenues and Covered Taxes described in this Section 2 may not be allocated until this Resolution is approved by the Indiana Budget Agency. SECTIO III. The Common Council determines that the foregoing allocation provisions shall apply to the entire Tax Area and shall expire on December 31, 2027. SECTION IV. The Common Council determines that the College Football Hall of Fame, Century Center, Coveleski Stadium, Morris Civic Auditorium/Palais Royale Ballroom, and Studebaker National Museum, and the real estate upon which each facility is constructed are hereby designated as the facilities and the facility sites, for which the Tax Area has been established. gFCTION V. The Common Council hereby directs that funds from the designated Tax Area will be used pursuant to the Act, I.C. 36-7-31.3-19, for any one, or any combination of, the following: a) a capital improvement that will equip, or the financing or refinancing or payment of lease payments for a capital improvement that will equip, the College Football Hall of Fame, a facility owned by the City and used for convention or tourism related events; or b) a capital improvement that will equip, or the financing or refinancing or payment of lease payments for a capital improvement that will equip, Century Center, a facility owned by the City and used for convention or tourism related events; or c) a capital improvement that will equip, or the financing or refinancing or payment of lease payments for a capital improvement that will equip, Morris Civic Auditorium/Palais Royale Ballroom, a facility owned by the City and used for convention or tourism related events; or d) a capital improvement that will equip, or the financing or refinancing or payment of lease payments for a capital improvement that will equip, the Studebaker National Museum, a facility owned by the City and used for convention or tourism related events; or e) a capital improvement that will equip, or the financing designating a Professional Sports Development Area to be published pursuant to I.C. 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII_ This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the olmon C0116Ca ] EXHIBIT 2 COMMON COUNCIL RESOLUTION NO. 4917 -21 INCLUDING FIRST EXPANDED BOUNDARIES OF PSCDA TAX AREA Filed in Clerk's Office MAY 17 2023 DAWN M. JONES CITY CLERK, SOUTH BEND, IN RESOLUTION No. 4917-21 Passed by the Common Council of the City of South Bend, Indiana I.- 1A 20 21 Attest: & 9kJ, City Clerk Dawn M. Jones AtteshCL t_t l President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 14, 20 21 4')t) A ,qm City Clerk Dawn M. Jones Approved and signed by me " u n ` /7 4 ZL Mayor Ex ;. BILL NO. 21-36 RESOLUTION NO. 4917-21 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REINSTATING, REAFFIRMING AND AMENDING RESOLUTION NO. 2519-97 TO ADD SiTES TO THE ESTABLISHED PROFESSIONAL SPORTS CONVENTION DEVELOPMENT AREA (PSCDA), NAMELY ALOFT HOTEL, COURTYARD BY MARRIOTT (DOWNTOWN), DOUBLETREE HOTEL, HOWARD PARK COMMUNITY CENTER AND INDIANA UNIVERSITY AT SOUTH BEND; TO EXTEND THE EXPIRATION DATE OF THE PSCDA FIRST ESTABLISHED BY RESOLUTION NO. 2519-97; TO MAKE OTHER NECESSARY AND APPROPRIATE CHANGES TO RESOLUTION NO. 2519-97 WHEREAS, the Common Council of the City of South Bend, Indiana, (the "Common Council") on October 27, 1997, applying then existing statutory authority under Ind. Code 36-7- 31.3, approved a Resolution establishing a Professional Sports Convention Development Area PSCD Tax Area) within the boundaries of file City of South Bend, consisting of the following specific sites: the College Football Hall of Fame; Century Center; Stanley Coveleski Stadium: Moris Civic Auditorium/Palais Royale Ballroom; and the Studebaker National Museum, a copy of which Resolution without exhibits is attached hereto as Exhibit A ("Original Boundaries"); and WHEREAS, Stanley Coveleski Stadium is now known as Four Winds Field at Stanley Coveleski Stadium, and the Morris Civic Auditorium is now known as the Morris Performing Arts Center; and WHEREAS, Ind. Code 36-7-31,3-8, the enabling statute for a ASCD Tax Area affecting the City of South Bend as "a city having a population of more than one hundred thousand, but less than one hundred ten thousand (110,000)," was amended by the Indiana General Assembly in 2021 to expressly identify other sites within the City of South Bend empowering the Common Council to add to the City's PSCDA after June 30, 2021. ("Eligible Boundaries,'). 'rhe Eligible Boundaries for PSCD Tax Area inclusion under Ind. Code 36-7-38.3-8(f) as amended are comprised of the Aloft Hotel, the Courtyard by Marriott South Bend, Downtown, the Doubletree Hotel, Howard Park including its Community Center and the Howard Park Public House, and the campus of Indiana University South Bend; and WHEREAS, Resolution No. 2519 -97 at Section III contained a stated expiration date of December 31, 2027; however, pre-emptive Indiana State law appears to have resulted in all expiration date prior to January 2021, necessitating formal reinstatement of Council's Resolution No. 2519-97; and WHEREAS, Ind. Code 36-7-31.3-10 (c) authorizes renewal of the PSCDA beginning after June 30. 2021, for an additional twenty years to include the Original Boundaries established by Resolution No. 2519-97 before its expiration plus the Eligible Boundaries authorized by Ind. Code 36-7-38.3-8(f) as identified in this Resolution; and WHEREAS, after being fully advised in the matter, the Common Council finds this reinstatement, reaffirmation, and amendment to Resolution No. 2519-97 to be in the best interest of the City of South Bend and its citizens. NOW, THEREFORE, BE 11' HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CiTY OF SOUTH BEND, S'r JOSEPH COUNTY, INDIANA, THAT: SECTION 1. Resolution No. 2519-97 (Exhibit 1 hereto) is hereby reinstated, amended and reaffirmed consistent with the amendments contained in the Sections which follow, and the findings in [lie previous introductory paragraphs are incorporated herein. SECTION H. In addition to those areas that formed the original Professional Sports Convention Development Area (PSCD Tax Area) under Resolution No. 2519-97, and pursuant to Ind. Code 36-7-38.3-8(f) as amended, the following facilities and sites and the real estate upon which each facility is constructed are added to the PSCD Tax Area, the abbreviated legal descriptions for each of them with parcel numbers and tax identification numbers are attached as Exhibit 2 and incorporated herein, and they are further identified within the 2021 amendments to Ind. Code 36-7-38.3-8(f) (1) (A) through (C), (2) and (3) as follows: 1) [H]otels located in the following areas in South Bend, Indiana: A) in the east quadrant of an area bounded on the north by Columbus Court, on the east by north Main Street, and on the south by West Washington Street, as those streets were located on July 1, 2021, commonly known as the Aloft Hotel; B) an area bounded on the north by East Colfax Avenue, on the east by Doctor Martin Luther King, Jr. Boulevard, and on the west by North Michigan Street, as those streets were located on July 1, 2021, commonly known as the Doubletree Hotel; and C) in the southeast quadrant of an area bounded on the north by East Washington Street, on the east by Doctor Martin Luther King Jr. Boulevard, and on the south by East Jefferson Boulevard, as those streets were located on July 1, 2021, commonly known as the Courtyard by Marriott South Bend, Downtown; 2) that consists of a sports, recreational and event facility or complex of facilities located in South Bend, Indiana, in the northeast quadrant of an area bounded on the north by East Jefferson Boulevard, on the east by South St. Louis Boulevard, as those streets were located on July 1, 2021, and on the west by the St. Joseph River, commonly known as Howard Park and related facilities including the Howard Park Public House and the Howard Park Community Center; and 3) located at an Indiana University South Bend campus. SECTION III. The allocation provisions shall apply to the entire PSCD Tax Area comprised of the facilities and sites included in Resolution No. 2519-97 (Exhibit 1), together with those described in previous Section 1I, and such allocation provisions shall expire July 1, 2041. SECTION IV. The maximum amount of covered taxes that may be captured in the PSCD Tax Area described in this Resolution which incorporates the PSCD `tax Area of Resolution No. 2519-97 is two million dollars ($2,000,000) per year, as per Ind. Code 36-7- 31.8-10 (e), or as that statute may be amended hereafter. SECTION V. The use of the tax funds within the PSCD Tax Area shall be used for all purposes listed in Section V of Resolution 2519-97, and for any other capital improvement, financing or refinancing of a capital improvement or the payment of a lease that will construct or equip a facility owned by the City and used specifically as follows per Ind. Code 36-7-31.3-8 (a) 2): by a professional sports franchise for practice or competitive sporting events, as a facility used principally for convention or tourism related events serving national or regional markets, as a museum, as a facility for public attractions of national significance, and as a performing arts venue. SECTION VI. The Stanley Coveleski Stadium as identified in Resolution 2519-97 shall be known by its current name of the Four Winds Field at Stanley Coveleski Stadium and the Moms Civic Auditorium as identified in Resolution 2519-97 shall be known and referred to by its current name of the Morris Performing Arts Center. SECTION VII. If any of the terms or conditions of this Resolution conflict with Resolution No. 2519-97, and if reconciliation between the two resolutions is not possible, then the terms of this resolution shall control. SECTION VIII. This Resolution shall be in full force and effect as provided in Section 1, from and after its adoption by the Common Council and approval by the Mayor. x" KarenL. White, CouncilNresident SouthBendCommonCouncil Filed in Clerk's Office JUN 0 2021 DAWN M. JONES CITY CLERK, SOUTH BEND, IN EXHIBIT I COMMON COUNCIL, RESOLUTION NO. 2519-97 IDENTIFYING ORIGINAL BOUNDARIES EXHIBIT 2 SHORT LEGAL DESCRIPTION OF ADDED FACILITIES AND SITES WITH PARCEL NUMBERS AND TAX INDENTIFICATION NUMBERS Filed in Clerk's Office JUN 0 9 2021 DAWN M. JONES CITY CLERK, SOUTH BEND, IN EXHIBIT 2 SHORT LEGAL DESCRIPTION OF ADDED FACILITIES AND SITES WITH PARCEL NUMBERS AND TAX INDENTIFICATION NUMBERS Double Tree Hotel: River Bend Addition To City of South Bend Sec 12-37-2e Also Known As Block 3 & Pt Of Block 4 Tax ID: 018-3091-347401 Parcel State ID: 71-08-12-112-002.000-026 Courtyard by Marriott: Lot 38A Hall of Fame & Chocolate Cafe Minor Sub And the Original Town of South Bend 1St Replat RP6363 09-30-08 09/10 Tax ID: 018-3001-0024 Parcel State ID: 71-08-12-154-007.000-026 Aloft Hotel: H-1 Hotel Lots 239 & 240 & Vacated Alley West & Adj OP w 29% int in common areas Tax ID: 018-1008-0321 Parcel State ID: 71-08-12-110-021.000-026 Howard Park: Lot 202 Samuel Cottrell's 151 Addition to the Town of Lowell, Now in the City of South Bend Parcel State ID: 71-08-12-255-002.000-026 Tax ID: 018-6001-0002 N Pt 199 S Pt 199 Cottrell's 1St Addition to the Town of Lowell, Now in the City of South Bend Parcel State ID: 71-08-12-255-001.000-026 Tax ID 018-6001-0001 Indiana University South Bend 5.242 Ac +- Sec 18-37-3e Parcel State ID: 71-09-18-205-001.000-026 Tax ID 018-6016-0334 Lot A G W Mikesells 1st Addition Indiana University Replat Parcel State ID: 71-09-18-205-002.000-026 Tax ID 018-6023-0603 544x229.4 Ft N End W Side E Ne N Of River 18 37 3e Parcel State ID: 71-09-18-226-001.000-026 Tax ID 018-6016-033701 2.87 Ac Ne 18-37-3e Parcel State ID: 71-09-18-226-002.000-026 Tax ID 018-6016-0338 73.8'X 582'18-37-3e Parcel State ID: 71-09-18-226-003.000-026 Tax ID 018-6016-033901 Tract 48 X 141 Ft Ne Cor Lot 12 N 1/2 18 37 3e Parcel State ID: 71-09-18-226-005.000-026 Tax 1D 018-6016-0341 Lot 12 & 8 1/2 Ft W Side Lot 11 & Vac Alley W & Adj Shanks 2nd Add Parcel State ID: 71-09-18-226-007.000-026 Tax ID 018-6022-0562 Lot 9 & Vac Alley N & Adj & Vac Alley W & Adj Shanks 2nd Add Parcel State ID: 71-09-18-226-010.000-026 Tax ID 018-6022-0566 Lot 8 Shanks Ed 2nd Add & Vac Alley West & Adj Parcel State ID: 71-09-18-226-011.000-026 Tax ID 018-6022-0568 Lot 7 Shanks Ed 2nd Add & Vac Alley South & Adj & Vac Alley West & Adj Parcel State ID: 71-09-18-226-012.000-026 Tax ID 018-6022-0569 Sec 18-37-3e Cont 8.515 Ac +- Parcel State ID: 71-09-18-226-004.000-026 Tax ID 018-6016-0339 2.313 Ac +- Ne Sec 18-37-2e Parcel State ID: 71-09-18-226-025.000-026 Tax ID 018-6016-033702 118.5' N & S X 190.5' E & W Ne Cor W Ne Sec 18 37-2e Parcel State ID: 71-09-18-205-003.000-026 Tax ID 018-6016-033401 Lot A Indiana University Replat Parcel State ID: 71-09-18-205-004.000-026 Tax ID 018-6016-033402 Lots 22-23-24 & Vac Alley W & Adj George Meixel Add & W 1/2 Vac Greenlawn St Cont .576 Ac +- Parcel State ID: 71-09-18-252-011.000-026 Tax ID 018-6023-0623 Parc Of Land Being Pt Of W 1/2 Ne 1/4 Sec 18-37-3e & Beg At The Se Cor Lot 24 Gw Mikesell'S 1st Addn Cont 4.241 Ac +- Parcel State ID: 71-09-18-253-002.000-026 Tax ID 018-6016-033601 5 Ac Ne 1-4 Sec 18-37-3e Ex Tract So Of No Side Blvd Parcel State ID: 71-09-18-226-026.000-026 Tax ID 018-6016-0346 Tract Between No Side Blvd & River W & Adj Lot 6 Dunns Sub Of Lot A Sec 18-37-3e Parcel State ID: 71-09-18-254-001.000-026 Tax ID 018-6016-034601 Parc Beg 474.80'N Of The Nw Cor Ironwood Dr & Lincolnway East & Being Pt Of The E1/2 Sec 18-37-3e Cont 24.20ac+- Parcel State ID: 71-09-18-277-001.000-026 Tax ID 018-7079-288406 Lot 1 Lying W Of Middleboro Middleboro Add Parcel State ID: 71-09-17-156-001.000-023 Tax ID 016-1213-8544 Lots 14-17 & Pt 18 Majors Pro Plot & Tr Parc W & Adj Being Pt E1/2 S18 -37-3e Ex: Parcel E & Adj (75 X 246.8) & Except Irr Parcel E Pt. Split To 18-7079-288407 02/03 7022wd 9/2/1999 -Done 3/26/02 05/06 Split to 18-7078-288408 per trans 13512 1/12/2005 Parcel State ID: 71-09-18-256-012.000-026 Tax ID 018-7079-2884 BEG INTER W ROW IRONWOOD & N ROW OF LWE. W 202.36', W 653.03', N 79 DEGREES W 436.96', N 72 degrees W 75.69', N 72 degrees W 134.92, N 18 DEGREES E 232', S 68 DEGREES E 43.16', S 37 DEGREES"E 76.38', S 9 DEGREES W 185.98' TO POB 05/06 SPLIT FROM 18-7079 Parcel State ID: 71-09-18-256-015.000-026 Tax ID 018-7079-288409 BEG INTER W ROW IRONWOOD & N ROW OF LWE. W 202.36', W 653.03', N 79 DEGREES W 436.96', N 90 DEGREES E 220.04', E 84.18, S 246.80', N 79 DEGREES W 113.59 TO POB 05/06 SPLIT FROM 18-7079- 2884 PER TRANS 13512 1/12/2005 Parcel State ID: 71-09-18-256-014.000-026 Tax ID 018-7079-288408 Lots 8-9-10-11 Majors Plat Parcel State ID: 71-09-18-256-009.000-026 Tax ID 018-7079-2879 Lot 12 Majors Plat Parcel State ID: 71-09-18-256-010.000-026 Tax ID 018-7079-2882 30.2 Ft E Side Lot 3 All Lot 4 & 20 Ft W Side tot 5 Majors Plot Parcel State ID: 71-09-18-256-005.000-026 Tax ID 018-7079-2873 30 Ft E Side Lot 5 & 30 Ft W Side Lot 6 Major's Plat Parcel State ID: 71-09-18-256-006.000-026 Tax ID 018-7079-2875 E 30 Ft Lot 6 & W 30 Ft Lot 7 Majors Plat Parcel State ID: 71-09-18-256-007.000-026 Tax ID 018-7079-2876 EXHIBIT3 SHORTLEGALDESCRIPTIONOFSECONDADDEDFACILITIES ANDSITESOFTHEPSCDATAXAREAWITHPARCELNUMBERSAND TAXIDENTIFICATIONNUMBERS SHORT LEGAL DESCRIPTIONS AND TAX IDENTIFCATION NUMBERS FOR EXPANDED AUTHORIZED BY SEA 236 I. NEW CITY HALL PSCDA TAX AREA Lot 49 Original Plat of Town now City of South Bend, excepting 15 feet west Tax Id no. 18-3003-0057 Commonly known as 215 S. Martin Luther King Dr. South Bend, IN. 46601 All as found on Instrument no. 2022-29028 recorded October 6, 2022 in the Office of the Recorder of St. Joseph County Indiana. II. POLICE STATION Lot 1 A of the Municipal First Replat as recorded in instrument no. 0301050 in the office of the Recorder of St. Joseph County, Indiana. Tax Identification No. 18-3043-165404 Commonly known as 701 W. Sample Street South Bend, IN 46601 All as found on Instrument no. 0347073 recorded July 28 2003 in the Office of the Recorder of St. Joseph County, Indiana. III. WASTE WATER TREATMENT PLANT Parcel 51 identified in Instrument no. 1526367 recorded October 2, 2015 in the Office of the Recorder of St. Joseph County, Indiana. Tax Identification numbers 18-2228-8540 and 18-2228-8541 Commonly known as 3113 Riverside Drive South Bend, Indiana 46628 IV. SOUTH BEND MUNICIPAL UTILITIES Outlot A and Lot 2 of Morris Civic Minor Subdivision recorded July 13, 1998 as Instrument No. 9836277 in the Officed of the Recorder of St. Joseph County, Indiana, Tax Identification Nos. 18-1008-0308 and 18-1008-030503 Commonly known as 125 W. Colfax Blvd. South Bend, IN. 46601 All as found on Instrument No. 9346081 recorded November 8, 1993 and Instrument No. 142394 recorded September 26, 2014 in the Office of the Recorder of St. Joseph County, Indiana. V. FIRE STATIONS Station 1 Lot 2 of Ivy Tech 211 Minor Subdivision as shown by Document 0341350 in the records of the Recorder of St. Joseph County, Indiana. Tax Identification No. 18-7003-0112 Commonly known as 1222 S. Michigan Street South Bend, IN 46601 All as found on Instrument No. 0347074 recorded July 29, 2003 in the Office of the Recorder of St. Joseph County, Indiana. Station 2 Lots 38 and 39 of Coquillard Woods Addition Section A Tax Identification No. 018-5069-2418 Commonly known as 1805 McKinley Ave. South Bend, IN. 46617 All as described as Parcel 220 on Instrument No. 1526367 recorded October 2, 2015 in the Office of the Recorder of St. Joseph County, Indiana Station 3 Lot Lettered "A" as shown on the recorded plat of Fire Station Replat recorded February 1, 2007 as Document No. 0704433 and as Parcel 9 on Instrument No. 1526367 recorded October 2, 2015 in the Office of the Recorder of St. Joseph County, Indiana Tax Identification No. 018-1022-0914 Commonly known as 406 N. Scott South Bend, IN 46616 Station 4 Lot Numbered 82A as shown on the recorded plat of Oak Grove First Addition Fire Station Replat recorded October 2, 2015 in the Office of the Recorder of St. Joseph County IN Commonly known as 220 N. Olive St. South Bend, IN 46628 Station 5 Tri Par SW Cor Ewing and Prairie Sec 22-37-2E Tax Identification No. 018-8075-287501 Commonly known as 2221 Prairie Avenue South Bend, IN. 46614 Station 6 Lots Numbered 765, 766, 767 and % vac alley W Bellville V Addition Tax Identification No. 18-4085-3103 Commonly known as 4306 W. Western Avenue South Bend, IN 46619 Station 7 Lots Numbered 118 and 119 in Northwest Second Addition to the City of South Bend and referred to as Parcel 48 on Instrument No. 1526367 recorded October 2, 2015 in the Office of the Recorder of St. Joesph County, Indiana. Tax Identification No. 018-2164-6007 Commonly known as 1616 Portage Ave. South Bend, IN 46616 Station 8 Lot Numbered 250 as shown as the recorded plat of the Ridgedale 5th Addition to the City of South Bend and referred to as Parcel 106 on Instrument No. 152637 recorded October 2, 2015 in the Office of the Recorder of St. Joseph County, Indiana. Tax Identification No. 018-7173-6156 Commonly known as 2402 Twyckenham Drive South Bend, IN 46614 Station 9 Lots numbered 1, 2, and 3 B F Dunns First Addition and part of NW corner of vacated alley adjacent to Lot 1 Tax Identification No. 18-6027-0744 Commonly known as 2108 E. Mishawaka Avenue South Bend, IN 46617 Station 10 Lot 1A York Road Fire Station Minor Subdivision 1st replat Tax Identification No. 023-1017-1064 Commonly known as 5303 York Road South Bend, IN 46614 Station 11 Legal Description not available in St. Joseph County, Indiana Records including applicable Property Card Commonly known as 3505 N Bendix Drive South Bend, IN 46628 VI. SOUTH BEND EQUIPMENT SERVICES BUILDING A part of Parcel 2 in the Inner Belt Industrial Park, a subdivision in the Southeast and Southwest Quarters of Section 11 and the Northeast Quarter of Section 14, the Plat of which is recorded in Plat Book 21 page 1 and as further described as Parcel 279 in Instrument no. 15267 recorded October 2, 2015 in the Office of the Recorder of St. Joseph County, Indiana Tax Identification No. 18-3064-247401 Commonly known as 1045 W. Sample Street South Bend, IN 46601 CITY OF SOUTH BEND COMMUNITY INVESTMENT June 7, 2023 Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council 4th Floor, County-City Building South Bend, Indiana 46601 iled in Clerk's Office JLIN· O 7 2021 UAWN M.JONES /TY CLERK, SOUTH BEND, IN RE: Reconfirming Resolution: Multi-Family Development Real Property Tax Abatement for Diamond View Apartments, LP Declaratory Resolution: Mixed Use Development Real Property Tax Abatement for RealAmerica Development, LLC Dear Council Member Tomas Morgan: Please find the enclosed information pertaining to real property tax abatement petitions submitted by Diamond View Apartments, LP, and RealAmerica Development, LLC, respectively. The petitions concern tax abatements for a low-income housing tax credit project named Diamond View Apartments, which will be located at 504 and 520 S. Lafayette Boulevard in South Bend. In January 2023, the Indiana Housing & Community Development Authority (IHCDA) awarded RealAmerica Development, LLC, tax credits for the Diamond View Apartments project. On July 12, 2021, the Common Council of South Bend approved Confirming Resolution 4922- 21, which confirmed Declaratory Resolution 4921-21 and established an eight-year (8) multi family real property tax abatement for the Diamond View Apartments project. The 2021 abatement was part of a support package provided by the City for RealAmerica Development, LLC's application for credits through IHCDA's Rental Housing Tax Credit Program. The Reconfirming Resolution to be considered by the Common Council on June 12, 2023, serves two primary purposes: ( 1) reconfirms Declaratory Resolution 4921-21 for the parcels on which the affordable housing building will be built and (2) extends the designation period of the 2021 abatement. Since the time when the Common Council confirmed the original abatement in 2021, RealAmerica created a limited partnership, Diamond View Apartments, LP, which will own the affordable housing building. The Declaratory Resolution to be considered is a mixed use development real property tax abatement for the market-rate building. RealAmerica Development, LLC, is the entity that will own the market-rate building until a new entity is created for the building's ownership. 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. 23-26 CITY OF SOUTH BEND COMMUNITY INVESTMENT June 7, 2023 Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council 4 th Floor, County-City Building South Bend, Indiana 46601 f Ted in Clerk's Office I [JUN O 7 202, I UAWN�l JO cn-y . 1. NES _:� C._�J�RK. SOUTH BEND, IN RE: Reconfirming Resolution: Multi-Family Development Real Property Tax Abatement for Diamond View Apartments, LP Declaratory Resolution: Mixed Use Development Real Property Tax Abatement for RealAmerica Development, LLC Dear Council Member Tomas Morgan: Please find the enclosed information pertaining to real property tax abatement petitions submitted by Diamond View Apartments, LP, and RealAmerica Development, LLC, respectively. The petitions concern tax abatements for a low-income housing tax credit project named Diamond View Apartments, which will be located at 504 and 520 S. Lafayette Boulevard in South Bend. In January 2023, the Indiana Housing & Community Development Authority (IHCDA) awarded RealAmerica Development, LLC, tax credits for the Diamond View Apartments project. On July 12, 2021, the Common Council of South Bend approved Confirming Resolution 4922-21, which confirmed Declaratory Resolution 4921-21 and established an eight-year (8) multifamily real property tax abatement for the Diamond View Apartments project. The 2021 abatement was part of a support package provided by the City for RealAmerica Development, LLC's application for credits through IHCDA's Rental Housing Tax Credit Program. The Reconfirming Resolution to be considered by the Common Council on June 12, 2023, serves two primary purposes: ( 1) reconfirms Declaratory Resolution 4921-21 for the parcels on which the affordable housing building will be built and (2) extends the designation period of the 2021 abatement. Since the time when the Common Council confirmed the original abatement in 2021, RealAmerica created a limited partnership, Diamond View Apartments, LP, which will own the affordable housing building. The Declaratory Resolution to be considered is a mixed use development real property tax abatement for the market-rate building. RealAmerica Development, LLC, is the entity that will own the market-rate building until a new entity is created for the building's ownership. EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 14005 County-City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 p 574.235.9371 www.southbenclin.gov I ! BILL NO. 23-27 , ,�(\l"(i I 111 '0'( ·;,,' ·-i� ...-.,. June 7, 2023 /. 2 ;;.. CITY OF SOUTH BEND COMMUNITY INVESTMENT Filed in Clerk's Office! Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council L JUN O 7 2023 DAWN M. JONES CITY CLERK, SOUTH BEND, IN 4th Floor, County-City Building South Bend, Indiana 46601 RE: Confirming Resolutions: Personal Property and Industrial Development Real Property Tax Abatement Petition for Verbio North America LLC Dear Council Member Tomas Morgan: Please find the enclosed information pertaining to personal property and industrial development real property tax abatement petitions submitted by Verbio North America LLC, a Michigan Limited Liability Company. This petition package includes: •Letter from the petitioner with images and an overview of the project•Department of Community Investment's summary report•Petition for abatement•Statement of Benefits forms (SB-1 / Real Property and SB-1 / PP)•Supporting information The report contains the Department's findings relative to the above-mentioned petition. The petitioner has acquired South Bend Ethanol, LLC, and plans to invest $230 million to modernize the facility and expand it to produce renewable natural gas that will be injected into the NIPSCO grid. Verbio North America LLC will retain the 61 employees who currently work at the ethanol plant and plans to hire eight (8) additional employees in the next year. The project meets the requirements established by Section 2-84.2 and Sections 2-82 et seq. and would qualify for a five-year (5) personal property tax abatement and an eight-year (8) industrial development real property tax abatement. A representative from Verbio North America LLC will be available to meet with the Committee on Monday, June 12, 2023. If you or any of the other Council members have questions concerning the report or need additional information, please feel free to call me at (574) 235-5838. Sincerely, Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 14005 County-City Building 2'.>7W. Jefferson Blvd. South Bend, Indiana 4660 I p 574.235.9371 www.,outhbendin.gov BILL NO. 23-28 June 7, 2023 CITY OF SOUTH BEND COMMUNITY INVESTMENT Filed in Clerk's Office Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council JUN O 7 2023 DAWN M. JONES CITY CLERK, SOUTH BEND, IN 4th Floor, County-City Building South Bend, Indiana 46601 RE: Confirming Resolutions: Personal Property and Industrial Development Real Property Tax Abatement Petition for Verbio North America LLC Dear Council Member Tomas Morgan: Please find the enclosed information pertaining to personal property and industrial development real property tax abatement petitions submitted by Verbio North America LLC, a Michigan Limited Liability Company. This petition package includes: •Letter from the petitioner with images and an overview of the project •Department of Community Investment's summary report •Petition for abatement •Statement of Benefits forms (SB-1 / Real Property and SB-1 / PP) •Supporting information The report contains the Department's findings relative to the above-mentioned petition. The petitioner has acquired South Bend Ethanol, LLC, and plans to invest $230 million to modernize the facility and expand it to produce renewable natural gas that will be injected into the NIPSCO grid. Verbio North America LLC will retain the 61 employees who currently work at the ethanol plant and plans to hire eight (8) additional employees in the next year. The project meets the requirements established by Section 2-84.2 and Sections 2-82 et seq. and would qualify for a five-year (5) personal property tax abatement and an eight-year (8) industrial development real property tax abatement. A representative from Verbio North America LLC will be available to meet with the Committee on Monday, June 12, 2023. If you or any of the other Council members have questions concerning the report or need additional information, please feel free to call me at (574) 235-5838. 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. 23-29 F --------iled in Clerk's Office CITY OF SOUTH BE D COMMUNITY INVESTMENT JUN' 0 7 2023 DAWN-M.JONES CITY CLERK, SOUTH BEND IN June 7, 2023 Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council County-City Building, 4th Floor South Bend, Indiana 46601 RE: Confirming Resolution: Retail Development Real Property Tax Abatement Petition for David A. Nufer, LLC (Burton's Laundry) Dear Council Member Tomas Morgan: -' Please find the enclosed information pertaining to a retail development real property tax abatement petition submitted by David A. Nufer, LLC, an Indiana Limited Liability Company. The petitioner plans to construct a new Burton's Laundry facility at the southwest corner of West Navarre and North William Streets in South Bend. This petition package includes: •Department of Community Investment's summary report •Petition for abatement •Statement of Benefits form (SB-1 / Real Property) •Supporting information The report contains the Department's findings relative to the above-mentioned petition. The petitioner will construct a new 6,300 square foot Burton's Laundry facility. The site is currently a vacant lot. The total private investment for the project is $2.37 million. The project meets the requirements established by Sections 2-79 et seq. and would qualify for a four-year (4) retail development real property tax abatement. Representatives from David A. Nufer, LLC (Burton's Laundry) will be available to meet with the Committee on Monday, June 12, 2023. If you or any of the other Council members have questions concerning the report or need additional information, please contact me at (574) 235-5838. 0J2�J 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. 23-30 June 7, 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 D -JU-N O 7 2023 DAWN M. JONES CITY CLERK, SOUTH BEND, IN RE: Declaratory Resolution: Industrial Development Real Property Tax Abatement Petition for GLC Portage Prairie, LLC Dear Council Member Tomas Morgan: Please find the enclosed information pertaining to an industrial development real property tax abatement petition submitted by GLC Portage Prairie, LLC, an Indiana Limited Liability Company. This petition package includes: •Department of Community Investment's summary report •Petition for abatement •Statement of Benefits form (SB-1 / Real Property) •Supporting information The report contains the Department's findings relative to the above-mentioned petition. The petitioner is expanding the facility located at 5448 Dylan Drive, which is occupied by AM General. The building's expansion is necessary for AM General to meet the requirements of its new contract for the manufacturing of the U.S. Army's Joint Light Tactical Vehicles and trailers. AM General leases the facility from GLC Portage Prairie, LLC, through a triple-net lease, which dictates that all operating expenses, including real property taxes, are paid by AM General. Therefore, AM General will receive all of the benefits of the proposed abatement. The company plans to hire 15 new full-time employees by the end of 2024. The 167,000+ square foot expansion will cost $12 million. The project meets the requirements established by Section 2-82 et seq. and would qualify for a nine year (9) industrial development real property tax abatement. Representative from AM General and GLC Portage Prairie, LLC, will be available to meet with the Committee on Monday, June 12, 2023. If you or any of the other Council members have questions concerning the report or need additional information, please feel free to call me at (574) 235-5838. Sincerely, �fl-.J 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. 23-31 June 7, 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 JUN O 7 2023 DAWN M. JONES CITY CLERK, SOUTH BEND, IN RE: Declaratory Resolutions (2): Vacant Building Tax Abatement and Mixed-Use Development Real Property Tax Abatement for Herstoric Properties, LLC Dear Council Member Tomas Morgan: Please find the enclosed information pertaining to a tax abatement petition submitted by Herstoric Properties, LLC, an Indiana Limited Liability Company. This petition package includes: •Department of Community Investment's summary report •Letter from the petitioner providing an overview of the project •Petition for abatement •Statement of Benefits forms (SB-1 / VBD and SB-1 / Real Property) •Supporting information The report contains the Department's findings relative to the above-mentioned petition. The petitioner intends to renovate the Monarch Printing Building, a local historic landmark located at 516 S. Michigan Street in South Bend. The building has been vacant for over a decade. The total private investment to rehabilitate the building is $570,000. The project meets the qualifications for two abatements: a two-year (2) vacant building tax abatement and a six-year (6)mixed-use development real property tax abatement. A representative from Herstoric Properties, LLC, will be available to meet with the Committee on Monday, June 12, 2023. If you or any of the other Council members have questions concerning the report or need additional information, please feel free to call me at (574) 235-5838. 0flJ 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. 23-32 June 7, 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 JUN· 0 7 2023 DAWN M. JONES CITY CLERK, SOUTH BEND, iN RE: Declaratory Resolutions (2): Vacant Building Tax Abatement and Mixed-Use Development Real Property Tax Abatement for Herstoric Properties, LLC Dear Council Member Tomas Morgan: Please find the enclosed information pertaining to a tax abatement petition submitted by Herstoric Properties, LLC, an Indiana Limited Liability Company. This petition package includes: •Department of Community Investment's summary report •Letter from the petitioner providing an overview of the project •Petition for abatement •Statement of Benefits forms (SB-1 / VBD and SB-1 / Real Property) •Supporting information The report contains the Department's findings relative to the above-mentioned petition. The petitioner intends to renovate the Monarch Printing Building, a local historic landmark located at 516 S. Michigan Street in South Bend. The building has been vacant for over a decade. The total private investment to rehabilitate the building is $570,000. The project meets the qualifications for two abatements: a two-year (2) vacant building tax abatement and a six-year (6)mixed-use development real property tax abatement. A representative from Herstoric Properties, LLC, will be available to meet with the Committee on Monday, June 12, 2023. If you or any of the other Council members have questions concerning the report or need additional information, please feel free to call me at (574) 235-5838. Sincerely, / Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Buildine 227 W. Jefferson Blvd. South Bend, Indiana 46601 p 574.235.9371 www.,outhbendin.gov BILL NO. 23-33 ORD. BILL NO. 23-23 City of South Bend BOARD OF ZONING APPEALS May 16, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 3003 Lincolnway West Dear Committee Chair Hamann: Filed in Clerk's Office MAY 1 6 207.� DAwr,�J °M.JONES CITY CLERK, SOU I A BEND, IN Enclosed is an Ordinance for the propos ed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your May 22, 2023, Council meeting and set it for public hearing at your June 12th, 2023 Council meeting. The petition is tentatively scheduled for public hearing at the June 5, 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 vehicle sales and rental. 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: Bob Palmer County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning City of South Bend BOARD OF ZONING APPEA May 16, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1127, 1131 and 1135 West Western Avenue 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 May ZZ, 2023, Council meeting and set it for public hearing at your June 12th, 2023 Council meeting. The petition is tentatively scheduled for public hearing at the June 5, 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 major vehicle service. 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: 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. 24-23 City of South Bend BOARD OF ZONING APPEALS May 9, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Use Variance at 1436 Bowman 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 May 22, 2023 meeting and set it for public hearing at your June 12, 2023, Council meeting. The petition is tentatively scheduled for public hearing at the June 5, 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: To allow urban agriculture 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, Angela M. Smith Zoning Administrator 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. 25-23 City of South Bend BOARD OF ZONING APPEALS May 9, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 2402 S Twyckenham 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 May 22, 2023 meeting and set it for public hearing at your June 12, 2023, Council meeting. The petition is tentatively scheduled for public hearing at the June 5, 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: Replacing Fire Station #8 with a new Fire Station to service this portion of the City. 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, Angela M. Smith Zoning Administrator 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. 26-23 1316 COUNTY-CITY l:3UILDl:SG 227 W. JEFFERSO:s BoL LEV•\RD SoL:TH BEND. INDI.-INA 46601-1830 2ND SUBSTITUTE BILL NO. 15-23 PHONF 574/ 2' 5-9251 FAX ·74/ 235-9171 -_..,.. -Fi ec in Clerk's Office CITY OF SOUTH BE D JA E M ELLER. MAY /i r � -- L! 1 , 12023BOARD OF PUBLIC WORKS Mr. Robert Nichols for Five Corners, LLC 814 Marietta St. South Bend, [N 4660 I rn ic hols(ii labonmarc:ht: .com February 14, 2023 RE: Right-of-Way Vacation -1100 Block of Corby Blvd. (Preliminary Review) Dear Mr. Nichols: f)A l C, Ty' C:.E ND, IN -----·------- 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. [fyou 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. Enclosures TH/lh Sincerely, Isl Theresa Heffner Theresa Heffner, Clerk ELIZABETH A. M RADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. Gi\THl:RS MURRAY L. MILLER Filed in Clerk's Office ' · JUN ' 0 8 2021 (SECOND SUBSTITUTE) BILL NO. ll:lJ I ' L--0-AW~N-M:-. J-:"::0::--::-N-:,;:E:-::::S~ ORDINANCE NO._____ CITY CLERK, SOUTH BEND, IN AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1100 BLOCK OF CORBY BOULEY ARD 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. Bill 15-23, previously submitted to the appropriate Standing Committee on March 27 , 2023 contained incomplete and/or inaccurate information . This information was corrected in a Substitute Bill filed on May 17, 2023. This Second Substitute Bill explains the need for the substitute and rescinds , revokes and replaces Bill No. 15-23 , Ordinance 10925-23 , signed by the Council President on March 27, 2023 and by the Mayor on April 3, 2023. SECTION II. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: 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, IN DIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING OF THIS DESCRIPTION PER RECORDED AL TA 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 IN DIANA 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 IN DIANA -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 LISTEN BERGER'S FIRST ADDITION, RECORDED IN PLAT BOOK 10, PAGE 9, ST. JOSEPH COUNTY RECORDER; THENCE SOUTH 00 ° 15' 02" EAST, ALONG THE EASTERLY LINE OF SAID LOT 11, A DISTANCE OF 14.82 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO THE STATE OF IN DIANA AS DESCRIBED IN INSTRUMENT NUMBER 1121035 -PARCEL 908, ST . JOSEPH COUNTY RECORDER, AND BEING THE POINT OF BEGINNING; THENCE NORTH 89 ° 43' 16" EAST, ALONG THE SOUTH LINE OF SAID STATE OF IN DIANA LAND, 20 .64 FEET TO THE POINT OF CURVATURE OF A NON TANGENT CURVE TO THE LEFT; THENCE SOUTHEASTERLY, AN ARC DISTANCE OF 141.28 FEET, ALONG SAID CURVE HAVING A RADIUS OF 440 .00 FEET AND SUBTENDED BY A LONG CHORD BEARING SOUTH 64 ° 34' 45" EAST, 140 .67 FEET TO A POINT ON THE EASTERLY LINE EXTENDED OF LOT 318, 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 °15' 57" EAST, ALONG SAID LINE, 17 .93 FEET TO THE NORTHEAST CORNER OF SAID LOT 318; THENCE SOUTH 89 ° 43' 16" WEST, ALONG THE NORTH LINE OF SAID LOT 318 AND THE NORTH LINE OF LOTS 319, 320, AND 321 OF SAID THIRD PLAT OF PARK PLACE, 147.43 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, 78 .93 FEET TO THE POINT OF BEGINNING. SUBJECT TO ALL COVENANTS, RIGHTS-OF-WAY, AND EASEMENTS OF RECORD . CONTAINING 7,238 SQUARE FEET (0 .17 ACRES) MORE OR LESS . hereby determines that it is desirable to vacate said property. SECTION III . 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 contro l structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities . SECTION IV . The following property may be injuriously or beneficially affected by such vacating: Lots 321 , 320 and 319 of Park Pl yct Add SECTION V. The purpose ofthe vacation ofthe real property is to combine excess Right-of-Way with adjacent parcels for new proposed development. SECTION VI. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. Attest: Dawn M . Jones , City Clerk Office of the City Clerk Sharon McBride, Council President South Bend Common Council 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. .m. Dawn M . Jones , City Clerk Office of the City Clerk Approved and signed by me on the ___ day of ______ , 2023 , at_ o 'clock James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Oflice DAW M.JONES CITY CLERK. SOUTH BEND, IN cSpUTFi 8 , 1316 COUNTY-CITY BUILDING W G' PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD FAX 574/235-9171 SOUTH BEND,INDIANA 46601-1830 go, PEACE rier 1865 Filed in Clerk's Office CITY OF SOUTH BEND JAMES MUELLER,MAY. ' BOARD OF PUBLIC WORKS MAY 17 N February 14,2023 DAWN M,JON CITY CLERK,SOUTH SEND,IN Mr.Robert Nichols for Five Corners,LLC 814 Marietta St. South Bend,IN 46601 rnichols a,abonmarche.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 Hefner Theresa Heffner,Clerk Enclosures TH/lh ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT JORDAN V.GATHERS MURRAY L.MILLER Filed in Clerk's Office SUBSTITUTE) BILL NO. 15-23 3 ORDINANCE NO. LEAY1 ? 2O? _JITYCLK,SOUTH BENDI AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1100 BLOCK OF CORBY BOULEVARD 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: 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; THENCE SOUTH 00° 15'02" EAST,ALONG THE EASTERLY LINE OF SAID LOT 11, A DISTANCE OF 14.82 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO THE STATE OF INDIANA AS DESCRIBED IN INSTRUMENT NUMBER 1121035-PARCEL 90B,ST.JOSEPH COUNTY RECORDER,AND BEING THE POINT OF BEGINNING; THENCE NORTH 89°43' 16" EAST,ALONG THE SOUTH LINE OF SAID STATE OF INDIANA LAND, 20.64 FEET TO THE POINT OF CURVATURE OF A NON TANGENT CURVE TO THE LEFT; THENCE SOUTHEASTERLY,AN ARC DISTANCE OF 141.28 FEET, ALONG SAID CURVE HAVING A RADIUS OF 440.00 FEET AND SUBTENDED BY A LONG CHORD BEARING SOUTH 64°34'45" EAST, 140.67 FEET TO A POINT ON THE EASTERLY LINE EXTENDED OF LOT 318,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° 15' 57" EAST, ALONG SAID LINE, 17.93 FEET TO THE NORTHEAST CORNER OF SAID LOT 318; THENCE SOUTH 89°43' 16" WEST,ALONG THE NORTH LINE OF SAID LOT 318 AND THE NORTH LINE OF LOTS 319, 320,AND 321 OF SAID THIRD PLAT OF PARK PLACE, 147.43 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 11,78.93 FEET TO THE POINT OF BEGINNING. SUBJECT TO ALL COVENANTS, RIGHTS-OF-WAY,AND EASEMENTS OF RECORD. CONTAINING 7,238 SQUARE FEET(0.17 ACRES) MORE OR LESS. 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 PI 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, Indian Filed in Clerk's Office MAY 17 2023L JERKSOUTHBEND IABONMARCHE Engineering • Architecture • Land Surveying March 7, 2023 South Bend Common Council 227 W. Jefferson Blvd South Bend, IN 46601 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. Robert A. Nichols Project Manager 315 West Jefferson Boulevard,South Bend,IN 46601 •574.232.8700 abonmarche.com IABONMARCHE 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: [' 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: 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 W 7 i Y bflJ 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 STREET/ALLEY VACATION APPLICATION RECEIVED City of South Bend - Board of Public Works JAN 1 1 2023 k.227 W.Jefferson Boulevard, Ste. 1316 City of South Bend South Bend, IN 46601 Div. of Engineering Date: 1/11/2023 Phone#: 574-232-8700 Five Corners, LLC , rnichols@abonmarche.com Name: lel 1 q rt C S1 S 6 H(00\ Email: Property1\6D jluc Ct Co(i ?k ct nn Address: 11,1 kb- f ! C.1.1 LT.) Applicant property information: Residential El 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 D 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 EJ No Would the vacation hinder public access to any of the following:a church, Yes I 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: 121/Yes No CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS 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 092' 9 r ' Qef``--1 PCU11., 507,,,i, . . 41.),..,A , ., ‘ ... • ,- ____ 2;291; .... r: s,' 4:71 i•.4!"gek f.Lo c-Lsoc RLC) `, mss. g6 0 C- t - 4 J.:. s r d' dpr oio 180 '8 l l it.. 46.4t.... g.li , ri. 4 Q i Z600- . , x r- co fir y _ L66QE'z80_S LO i * i` t OK a Eo4E'LSoC2 ° O. 4, 680£-Leoc 810 0., ZOLt'L80g8 yr Q•t#_. 044 391180241,0 fi, tQLaH0 4801810 b i y'ir i t, a r.46 1 I:4' r°) " • 1 .N. ',..S‘.i. i i .0.• f t rt . 1 I. 5 r`.• 4,_ .018-5094-33181 1 +" S S Ft; t 1 t' cal 1 oi3-51oG-3-4,5 t,,,. : e rr tr. 1 A f S t• p . f. 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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 Gymt)a611C4--) 1 814 Marietta St. South Bend. IN 46617 (See attached) I. 2. 3. INTEGRITY' SERVICE'ACCESSIBILITY BIANCA L.Tmnno GRnannt D.SPARKS GABIUFL N.Muni CHIEF DEPUTY/DIRECTOR OF OPEILATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 46601 I p 574.235.92211f 574.235.91731 www.southbendin.gov r j p I Irr II c s . I 018- 5030- 108605 C1 C5 C7 S. 44t•:;,,. h' Ll Yr, 7 a H O Ito 4,,, 7, 1k.:,. I. I Hyl f7 r i- l' t 1 5f' r" a V A D Yom"' 1 1. 11 3 g h, a 2 R 018087- 3099 g § ' m 1I 1 Y te K 9, 0 3 a Rg 018150873100 018- 50874086 8 5 ^ . 018-' f067 3087 c,', 2, n E i, , 018- 5087- 3101 W` i.: i s` 4^. 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I• 018- 5092 3267 01813092- 3266 ' I RECEIPTi ; ' r DATE 03-07-30a3 No. 6476. 02 RECEIVED FROM AJnV 141ek_- ISo RECEI 1 ao DOLLARS gin `e f _if1 i rs n OF R RE T 416 TV VA.__c_Ale- 404_f_ CASH t ACCOUNTiie. CHECK I '/j//`C_TO 6-rep O FROM l G^' s -- PAYMENT T MONEY h Ob ORDER i 1 )ATJ!Ilit)A-vm BAL.DUE v OCARDIT 1, T-46800 CARD BY I Filed in Clerk's Office MAY[ 7720? 73 DAWN M.JONES CITY CLERK,SOUTH BEND,IN County-City Building 227 W Jefferson Blvd Suite, 1200 N South Bend, IN 46601 James Mueller, Mayor June 7, 2023 Sharon McBride, President r Phone Email Website 311 inside City limits 311@southbendin.gov Southbendin.gov Filed in Clerk's Office --. � L c 1rv cE��Ns�dONEs C• f s h B d --.!___ TH BENO IN 1ty o out en ---- · J Department of Administration & Finance Division of Human Resources City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: Q2 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 June 12, 2023, with 2nd reading, public hearing and 3rd reading scheduled for June 26, 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. 39-23 County-City Building 227 W Jefferson Blvd Suite, 1200 N South Bend, IN 46601 James Mueller, Mayor June 7, 2023 Sharon McBride, President City of South Be Department of Administration & F Division of Human Resources City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: Q2 2023 Budget Transfer Ordinance Dear President McBride, Phone Email Website 311 inside City limits 311@southbendin.gov Southbendin.gov Filed in Clerk's Office JUN:·0·5 2or DAWN M-.-JONES 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 1st reading on June 12, 2023, with 2nd reading, public hearing and 3rd reading scheduled for June 26, 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. 40-23 County-City Building 227 W Jefferson Blvd Suite, 1200 N South Bend, IN 46601 James Mueller, Mayor June 7, 2023 Sharon McBride, President City of South Bend Department of Administration & Finance Division of Human Resources City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: Salary Ordinance Amendment Dear President McBride, Phone Email Website 311 inside City limits 311@southbendin.gov Southbendin.gov Filed in Clerk's Office ·JUN: 0\6 20n c,rv cP�1t��t��N o, 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. It was amended by Ordinance No. 10921-23, passed by the Council on March 13, 2023. We now request a further amendment to this non-bargaining salary ordinance, specifically to make the following change: •Establish a full-time Financial Systems Specialist position (with a 2023 salary cap of $66,645) 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 June 12, 2023, with 2nd reading, public hearing and 3rd reading scheduled for June 26, 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 tJ ;,QQ,.,' Kyle Willis City Controller BILL NO. 41-23 County-City Building 227 W Jefferson Blvd Suite, 1200 N South Bend, IN 46601 James Mueller, Mayor June 7, 2023 Sharon McBride, President City of South Bend Department of Administration & Finance Division of Human Resources City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: Creation of Fund 456 Ordinance Dear President McBride, Phone Email Website During the past several years, it has been the practice of the Controller's Office to have the Common-Council approve the creation of a new fund as required by our internal policies. Fund 456 is being created for the purpose of receiving and disbursing the bond proceeds of the 2023 South Bend Redevelopment Authority Lease Rental Revenue Bonds, Series A. 311 inside City limits 311@southbendin.gov Southbendin.gov 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 June 12, 2023, with 2nd reading, public hearing and 3rd reading scheduled for June 26, 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, rf tJ:iR' Kyle Willis City Controller Filed in Clerk's Office JUN O' 6 202'.1 DAWN M. JONES CITY CLERK, SOUTH BEND, IN BILL NO. 42-23 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 Large Lori K. Hamann At L arge City of South Bend Common Council 441 County-City Building• 227 W. Jefferson Blvd South Bend, Indiana 46601 March 8, 2023 Chairperson Eli Wax Health and Public Safety Committee South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 (574)235-9321 Fax (574) 235-9173 1DD (574) 235-5567 http://www.southbendin.gov Filed in Clerk's Office I_ JUN O 7 2023 DAW . M. JONES CITY CLERK. SOUTH BEND, IN RE: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDING CHAPTER 14, ARTICLE 10, SECTIONS 14-61 THROUGH AND INCLUDING 14-63 ADDRESSING EXTERMINATION/PEST CONTROL IN RESIDENTIAL RENTAL UNITS. Dear Chairp erson Wax: Most of us in our youth heard our elders say "Good night. Don't let the bed 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 are distressing our residents. It has gotten so bad that teachers are leaving classrooms to avoid risking taking bed bugs home with them. Something must change Bedbugs are not the only pests that jeopardize public safety. Infestations of other pests such as cockroaches, ants, bees and even squirrels and raccoons pose a danger to our residents. These dangers can be especially urgent in rental units and affect the health and safety of not only tenants, but also of the entire community. Examples are bedbugs and cockroaches. These pests are easily transferred from one structure to another, such as a home to a school and back to another home. Often the responsibility for extermination of such pests is not clear. The purpose of this ordinance is to establish who is responsible for the extermination of infestations of such pests and establishing penalties for violations of the ordinance. This ordinance does not pertain to, regulate, or discuss which party to the lease is to ultimately pay for the pest eradication. BILL NO. 43-43