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Home My WebLink About07-24-2023 South Bend Common Council Agenda and Committee Meeting Notice Packet OFFICE OF THE CITY CLERK DAWN M. JONES, CITY CLERK MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: DAWN M. JONES, CITY CLERK DATE: THURSDAY, JULY 20,2023 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, July 24, 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/07242023CC. 3:30 P.M. PERSONNEL & FINANCE CHAIRPERSON, NIEZGODSKI 1. Bill No. 23-48 – Memorializing ongoing needs & demands of residents of South Bend's 2nd District 3:45 P.M. PUBLIC WORKS AND PROPERTY VACATION CHAIRPERSON, NIEZGODSKI 1. Bill No. 46-23 – An Ordinance for an Alley Vacation for Property Located at 1405 Portage Ave. & 1301 Elwood Ave. 3:50 P.M. COMMUNITY INVESTMENT CHAIRPERSON, TOMAS MORGAN 1. Bill No. 23-49 – A Resolution Confirming Mixed Use Development Real Property Tax Abatement Petition for Five-Corners LLC 2. Bill No. 23-50 – A Resolution Confirming Personal Property Tax Abatement for Crossword Solar Enterprises LLC 4:05 P.M. HEALTH & PUBLIC SAFETY CHAIRPERSON, WAX 1. Bill No. 47-23 – An Ordinance to Amend Human Rights Homeless Classification 2. Bill No. 43-23 – An Ordinance Adding Chapter 14, Article 10, Sections 14-61 Through and Including 14-63 Addressing Extermination Pest Control in Residential Rental Units 3. Bill No. 23-51 – A Resolution Approving an Interlocal Agreement Between the City of South Bend and St. Joseph County for the Housing and Operations of the Special Victims Unit 4. Bill No. 23-52 – A Resolution Approving an Interlocal Agreement Between the City of South Bend, the City of Mishawaka, and the Board of Commissioners of St. Joseph County, for the Mutual Investigation of Officer - Involved Shootings in St. Joseph County 4:50 P.M. ZONING & ANNEXATION CHAIRPERSON, HAMANN 1. Bill No. 24-23 – A Zoning Ordinance for Property Located at 1127, 1131, and 1135 W. Western Ave., Councilmanic District No. 2 2. Bill No. 27-23 – A Special Exception Use Zoning Ordinance for Property Located at 1319, 1323, and 1333 Lincolnway West, Councilmanic District No. 2 3. Bill No. 44-23 – A Zoning Ordinance for Property Located at 1006 St Vincent St, Councilmanic District No. 4 4. Bill No. 45-23 – A Zoning Ordinance for Property Located at 1018 Frances Street, Councilmanic District No. 4 Council President Sharon L. McBride has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning and Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, MCBRIDE 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR HEARING AND SIGHT-IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible South Bend Common Council Meeting Agenda Monday, July 24, 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/07242023/SBCC 1. INVOCATION Minister Kenn Hardy – St. Paul Bethel 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS Presentation on the St. Joseph County Public Library (SJCPL) by Stephanie Murphy, Executive Director, SJCPL 23-46 A SPECIAL RESOLUTION AWARDED BY SOUTH BEND COMMON COUNCIL MEMBER HENRY DAVIS, JR. ACKNOWLEDGING MILESTONE STEAM ACADEMY, LLC, AND LAQUITA HUGHES, FOR THE ESSENTIAL WORK THEY PERFORM IN CHILDCARE SERVICES 23-47 A SPECIAL RESOLUTION AWARDED BY SOUTH BEND COMMON COUNCIL MEMBER HENRY DAVIS, JR. ACKNOWLEDGING JULY 13, 2023, AS BLACK LIVES MATTER DAY 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE BILL NO. 24-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1127, 1131, AND 1135 WEST WESTERN AVENUE, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 27-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED 1319, 1323, AND 1333 LINCOLN WAY WEST AND, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 43-23 PUBLIC HEARING ON 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 44-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1006 ST VINCENT STREET COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 45-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1018 N FRANCES STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 46-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY BETWEEN 1301 ELWOOD AVENUE AND 1405 PORTAGE AVENUE 47-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDING THE STATUS OF “HOMELESS” TO THE PROTECTED CLASSES OF PERSONS UNDER THE SOUTH BEND HUMAN RIGHTS ORDINANCE, CHAPTER 2, ARTICLE 9, OF THE SOUTH BEND MUNICIPAL CODE AND ESTABLISHING THE DEFINITION FOR “HOMELESS” 8. RISE AND REPORT 9. REGULAR MEETING RECONVENED 10. BILLS ON THIRD READING BILL NO. 24-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1127, 1131, and 1135 WEST WESTERN AVENUE, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 27-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED 1319, 1323, AND 1333 LINCOLN WAY WEST AND, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 43-23 THIRD READING ON 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 44-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1006 ST VINCENT STREET COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 45-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1018 N FRANCES STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 46-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY BETWEEN 1301 ELWOOD AVENUE AND 1405 PORTAGE AVENUE 47-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDING THE STATUS OF “HOMELESS” TO THE PROTECTED CLASSES OF PERSONS UNDER THE SOUTH BEND HUMAN RIGHTS ORDINANCE, CHAPTER 2, ARTICLE 9, OF THE SOUTH BEND MUNICIPAL CODE AND ESTABLISHING THE DEFINITION FOR “HOMELESS” 11. RESOLUTIONS BILL NO. 23-48 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, MEMORIALIZING ONGOING NEEDS AND DEMANDS OF RESIDENTS OF SOUTH BEND’S SECOND DISTRICT 23-49 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 1144 CORBY BLVD, SOUTH BEND, IN 46617 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN- YEAR (10) REAL PROPERTY TAX ABATEMENT FOR FIVE CORNERS LLC 23-50 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 1901 N. BENDIX DRIVE, SOUTH BEND, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE- YEAR (5) PERSONAL PROPERTY TAX ABATEMENT FOR CROSSROADS SOLAR ENTERPRISES LLC 23-51 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING AN EXTENSION OF THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUT H BEND, INDIANA AND ST. JOSEPH COUNTY, INDIANA, FOR THE HOUSING AND OPERATION OF THE SPECIAL VICTIMS’ UNIT 23-52 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA, THE CITY OF MISHAWAKA, INDIANA, AND THE BOARD OF COMMISSIONERS OF ST. JOSEPH COUNTY, INDIANA, FOR THE MUTUAL INVESTIGATION OF OFFICER-INVOLVED SHOOTINGS IN ST. JOSEPH COUNTY 12. BILLS OF FIRST READING BILL NO. 48-23 FIRST 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 1044 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 13. UNFINISHED BUSINESS 14. NEW BUSINESS The next Council Committee meeting is scheduled for August 14, 2023, tentatively at 3:30 p.m. The next regular Council meeting is scheduled for August 14, 2023, at 7:00 p.m. 15. PRIVILEGE OF THE FLOOR 16. ADJOURNMENT NOTICE FOR HEARING AND SIGHT-IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 2023 COMMON COUNCIL STANDING COMMITTEES (Rev. 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 BILL NO. 23-46 SPECIAL RESOLUTION 5043-23 Filed in Clerk's 0/fic-el �UL 1 9 3021J I DAW--I CITY CL N M. JONES A SPECIAL REOLUTION AW ARD ED BY SOUTH BEND Ci'n,t-M-A:��ijf:3ENO, l_f::!__ ACKNOWLEDGING MILESTONE STEAM ACADEMY, LLC, AND LA QUIT A HUGHES, FOR THE ESSENTIAL WORK THEY PERFORM IN CHILDCARE SERVICES �, on July 13, 2023, the importance of quality childcare services was emphasized by the Federal Office of Child Care, and the Administration for Children and Families, in announcing a new proposed rule to help more families access the childcare they need and to better support childcare providers in the essential work they do for communities across the country; and � among proposed changes are policies to lower costs for families, increase the families' care options, strengthen payment practices, and encourage easier and faster enrollment; and � the importance of quality childcare is even more apparent to those participating in day-to-day childcare activities such as LaQuita Hughes, the founder of Milestone Steam Academy, LLC; and � Community Action for Education, known simply as Milestone Steam Academy, provides childcare, while creating a safe place for caregivers of the community to receive wraparound services, as well as credit repair services to ensure all families have access to a high-quality education; and � Milestone Steam Academy, LLC has offered childcare and education services to the City of South Bend's youth and underserved communities; and � Milestone Steam Academy has taken on issues such as Homicide, loss of a parent, loss of a student/classmate, disproportionately in special education, school-to-prison pipeline, and due process for children. MSA, has been successful in ending the practice of non participation of parents in early learning, and increasing community representation on community engagement. Their mission: Provide your child with the best early/childhood education experience possible; and � in doing so, Milestone Steam Academy, LLC has demonstrated resilience in the face of gun violence; and BILL NO. 23-46 Filed in Clerk's Office JUL 1 9 ?On BILL NO. 23-47 SPECIAL RESOLUTION 5043-2 -c5Awi.fM._J_ONES ----+ CITY CLERK1_SOUTf-:! BEND, IN A SPECIAL RESOLUTION AWARDED BY SOUTH BEND COMMON COUNCIL MEMBER HENRY DA VIS, JR. ACKNOWLEDGING JULY 13, 2023, AS BLACK LIVES MATTER DAY � the abuse of Black people did not end with the abolishment of slavery with the ratification of the 13th amendment in 1865. Nor did anti-Black racism end with ratification of the 14th Amendment and 15th Amendment, or the signing of the 1964 and 1965 Civil Rights Act; and � 160 years after the abolition of slavery, its badges and incidents remain embedded in the political, legal, health, financial, educational, cultural, environmental, social, and economic systems of the United States of America. Moreover, the legacies of slavery, segregation, and state surveillance continue to impact the lives of Black people in every measurable category of Black people's daily life. Economically, the latest rate of poverty for Black Americans is at 19.5%, second to Indigenous communities at 23%. In safety, Black Americans continue to experience the highest rates of threats and use of force in their encounters with police when compared across race or ethnicity-3.3% in 2015, 3.8% in 2018, 4.3% in 2020. Additionally, Black Americans are among the top two racial groups who are most at risk of fatal encounters with police, standing at 7.08 fatal police shootings per million of the population from 2013 to 2023; and � in the summer of 2013, the acquittal of George Zimmerman after his murder ofTrayvon Martin, an unarmed 17-year-old boy, reignited the global movement for racial justice. "Black Lives Matter," became the rallying cry in the fight to end white supremacy, anti-Black systematic racism, and the brutality inflicted on Black people at the hands of the State and local law enforcement. Black Lives Matter has become our modem Civil Rights Movement; and � Black Lives Matter is working for a world where Black lives are no longer systematically targeted for demise and where the lives of Black, queer, trans folks, disabled folks, undocumented folks, folks with records, women, and all Black lives along the gender spectrum, are affirmed; and � the Black Lives Matter movement has grown into the largest social justice movement in U.S. history. Millions of activists, organizers, strategists, and community members across the globe have participated in a Black Lives Matter protest over the last decade; and � the power of Black Lives Matter since its inception in 2013 has resulted in increased and sustained attention to the language of the movement, with terms such as "systemic racism," "anti-Black racism," and "prison abolition movement" becoming more part of our common vocabulary; and � Black Lives Matter protests and activations have meaningfully reduced fatal police shootings -approximately 200 fewer people were killed by police from 2014 to 2019; and BILL NO. 23-47 BILL NO. 23-48 1316 0 NTY-CITY BUILDING 227 W. JEFFER ON Bo LEV ARD SOUTH BEND, I DIANA 46601-1830 CITY OF SOUTH BE D JAME MUELLER MA YO BOARD OF PUBLIC W OR.KS Pea nvestment & Asset Management, LLC 5199 Gardenia Ct. West Lafayette, IN 47906 Praveeng2 I 7@gmail.com May 23, 2023 RE: Alley/Street Vacation -1405 Portage Ave. PHONE 574/ 235-9251 FAX 574/235-9171 Northwest Corner of Portage Ave. And Elmwood Runs North-South Between Lot 8 And Lot C Towards An East-West 14' Alley Right-Of-Way (Preliminary Review) Dear Mr. Gulati: At its May 23, 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 alley. If you still wish to pursue this alley 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 alley 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. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER BILL NO. 46-23 Filed in Clerk's Office BILL NO. 46-23 JUL 0 5 ?O?;1 DAWN M.JONES ORDINANCE NO. CITY CLERK,SOUTH BEND, IN AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY BETWEEN 1301 ELWOOD AVENUE AND 1405 PORTAGE AVENUE 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: ALL OF THE 14-FOOT WIDE ALLEY LYING BETWEEN LOT 8 AND LOT C" IN VICTORY ADDITION TO THE CITY OF SOUTH BEND, INDIANA, AS SHOWN ON THE PLAT THEREOF, RECORDED IN PLAT BOOK 10, PAGE 85 AS FOUND IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA. 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 properties may be injuriously or beneficially affected by such vacating: LOT 8 VICTORY ADD (PARCEL ID: 018-2182-6829) LOT C VICTORY ADD &VAC ALLEY N &ADJ & EX SE TRI COR TO CITY 20/21 CON W/018-2182-6830 PER ASSESSORS REQ IC 6-1.1-5-16 PARCEL ID: 018-2182-6831) SECTION IV. The purpose of the vacation of the real property is to combine right-of-way with adjacent properties 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 Filed in Clerk's Office JUL 0 5 2073 DAWN M.JONES CITY CLERK,SOUTH BEND,IN BOARD OF PUBLIC WORKS C/ INTEROFFICE MEMORANDUM • ' 9ly l 0 ' vise. DATE: April 6, 2023 s0•tiO TO: Kyle Ludlow, Public Works yF Kara Boyles, Engineering 4 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 —ALLEY VACATION APPLICANT: Peak Investment and Asset Management, LLC, Praveen Gulati LOCATION: 1405 Portage Avenue 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/ENGINEERING: Favorable COMMUNITY INVESTMENT: Favorable recommendation. FIRE: Favorable POLICE: Favorable recommendation a; n ci iin,i STREET/ALLEY VACATION APPLICATION erksO Ce G ' City of South Bend - Board of Public Works Ut 5 i 227 W.Jefferson Boulevard, Ste. 1316 co-1,, S?0? 1, 'South Bend, IN 46601 FRk p•0. FS 2- o Date: c U Phone#: Name: PE. - js-1s.lV-sTME._NT kVA 5E`r Email: b9z.c0vfe_h1 2_I7 (;) t..yn N x-IvA(ntM LN,I_/ L i- c J Addressy Propert k 4-o 5- e otz t A-GNE AVE NKE_ I Sot-(Tr1 I. 1) / N 46.61 Applicant property information: Residential N Commercial Industrial Describe the general alley location with boundaries(Ex:Church PI,between E.Colfax Ave&E.LaSalle Ave): i (\ 1TSCh Is your property adjacent to the alley of interest? VI Yes No Do you own all adjacent properties to the alley of interest?J Yes 0 No Does the existing alley provide garage access to other property owners? Yes C No Does the alley receive daily traffic excluding your own use? I]Yes 0 No Would the vacation hinder public access to any of the following:a church, El Yes No school,or any other public building or place? Reason for street/alley vacation and proposed use: TO &-,1 t L_ i) A N E 1 (r N i o fC,- h u U D S j7 o IP r I N(,\ C g.N I c_ A map MUST be provided highlighting the area you would like to vacate with this application. OFFICE USE ONLY: Board Recommendation: Yes No CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS talk cam' 711/ 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: May 23,2023 Puzzello Architecture Practice 3801 N Meridian Street#902 Indianapolis, Indiana 46208 Praveen Gulati 9, 2. S, Peak Investment and Asset Management, LLC d' pGo; 0; tP co RE: RE: Portage Avenue—Alley Vacation Petition 20 Dear Praveen: In reference to the proposed development at the Northwest corner of Portage and Elmwood,the alley vacation petition that is associated with the proposed development is described as followed: The 14'X 118'gravel alley right-of-way that runs north-south, between Lot'8'and Lot 'C'towards an east-west 14' alley right-of-way, is proposed to be vacated. An extension of the east-west alley right-of way at the north side of Lot'7'and Lot '8' is proposed to be extended all the way to Portage Avenue, discharging at Portage Avenue. This would require deeding 14'of property at the north side of Lot 'C'to public right-of-way. Let me know if you have any further questions. Paul D. Puzzello RA Architect J L ut, _ .._ c...".................,_ JOO- PPRI' E. R. P. 11. E,--- 1,-- S- 11,-.^. T=, V.,=- T ,..,.. T.,..- 1 0 I c..",\.....:\ i) \ 1 I t 11 A ea c‘-' y S 6- i a_ 1 i We 0G. oto 2. 11, 1 1 L- - tip.. 1 Fti i 1._ 1 II L_. 1- 7. J1 I 11 Pi 4- 1 h 0 e 1 t I- re + i 111 . re C__ N_ Alk' .* fit' E r ;, r- o a a + kA ' A a a t: e a . Q v p, n 9- 1- Fl ro j a n0I o AIvl 7< + o I I It_ pur A 1, ruj FR 111 1 Z I Q' P . 5" 1 I ISP° \ 1 l4 A Nr, I?, I 4 • \ 0. 011. 111 P......... 16„.....„---- : 515, s . 11 u / 1 3 ( 1 we re nre pz 1. 1: 140 NEIGHBORHOOD SHOPPING CENTER 3 PEAK rnvEsn3raT MU ASSET PVRELLA ARCHITECTURE PRACTICE rAANAc3Ela& IIT, u. 0 i / APRIL/ 023NW CORNER OF PORTAGE AW ELMW000 AVENUE EOUTH BM, INDIANA soF ea// Filed AA C/ et4., 018-2182-6828 018-2182-6829 Transfer649$0 Co. U- ( 1/I G spice Taxing Unit South Bend Y S Date 03/09/2023 FAzi- 0?, 2023-04917 SO a0A, RECORDED AS PRESENTED ON VS 03/09/2023 09:22 AM F44/Q MARY BETH WISNIEWSKI 4/ ST.JOSEPH COUNTY RECORDER GENERAL WARRANTY DEED PGS:4 FEES:25.00 THIS INDENTURE WITNESSETH, that Khaled Ibrahim ("Grantor"), CONVEYS AND WARRANTS to Peak Investment and Asset Management LLC ("Grantee"), for the sum of Ten and 00/100ths Dollars ($10.00), and other valuable consideration, the receipt of which is hereby acknowledged,that certain real estate located in St. Joseph County, in the State of Indiana, more particularly described in Exhibit A, attached hereto and by reference made a part hereof the "Real Estate"). MH THIS CONVEYANCE IS MADE, and the Real Estate is SUBJECT TO: 1) real estate taxes and public assessments due and payable after the closing on the conveyance,and all such taxes and assessments payable thereafter; and 2) all covenants,agreements,easements, restrictions and rights of way of record. Remainder of Page Intentionally Left Blank. Signature Page Follows. DULY ENTERED FOR TAXATION ST JOSEPH CO.INDIANA SUBJECT TO FINAL ACCEPTANCE FOR TRANSFER 2023-04917 IN WITNESS WHEREOF, Grantor has caused this deed to be executed this ' day of 2023. GRANTOR: 4.-- 1/...,,,„---- l Khaled Ib ,i} „..---6,,,,,,„, STATE OF " J11.) V°40r1 'r; 's ) SS: COUNTY OF 'hi .1.h,/ Before me, a Notary Public in and for said County and State, personally appeared Khaled Ibrahim, who being first duly sworn by mc upon his/her oath,acknowledged execution of the foregoing in his/her individual capacity, and stated that the representations therein are true. WITNESS my hand and Notarial Seal this ' day of ' , , , . 2023. Notary Public iv,I: ;..Ivhr 1H [11 LIll ';!.I I: I; Nnipi' I'u;il•r. .t,it•. i IIi'i. I!. KI.N I IICKY N.',.ry Ii'„ Kyly: 1:,. .,:, Tax Parcel Numberfs):s ? 71-03-35-360-016.000-026;and OGT>4 ( 2.? 71-03-35-360-017.000-026 d' c:f) Address of Transferred Property: 7, St.Joseph County,IN Grantee's Address for Mailing of Tax Statements and Recorded Deed: Peak Investment and Asset Management, LLC 5199 Gardenia Court West Lafayette, IN 47906 THIS INSTRUMENT PREPARED BY: I affirm under penalties for perjury thatPatrickM. Rooney,Attorney at Law I have taken reasonable care to redact 1638 ShelbyStreet, Suite 101 each social security number in this Indianapolis,Indiana 46203 document, unless required by law. pmrooney 1 @gmail.com;317.445.9956 s/Patrick M. Rooney 2023-04917 1 Tj Gj C09'` v& o~ s F94L GASf's p20 ties OExhibitA 41/ Legal Description of Real Estate Lots Numbered Seven (7) and Eight (8) as shown on the recorded Plat of Victory Addition to theCityofSouthBend. er•,v\ cy,....."' Pet .. fri c,c, 0 1, t I-1 Ii 711).''''1•-• t.. :ill tit 4.i" t• ''-• , I - v. ., • .-lats.: •- = I., ' $`7".....-...": 611; 7-• • bt., , . •••- . -...it41. 4„? . .• .. . . :. 0 • - 1", ., c.;-., -, - . ''• .• 4 • % 4• F4IV- • - V" ' ' '-- II. •• - ,.., .. . e'''' '.' ' ' y.,4 1,: 4, %,- .. Ir ..+ 4' 0, if - /Ffr4.-,4031 " ' ' '1 . ' 11" 4/- tr. ..., .3':-".4 •;ft, e ' - If , ,,. 1. 4 iI a - 1 • .,4 4 1. trit..., • ut4.-,-- 401' 4.4../461' 67a'-• ' 5. , '• t4411,71- i ii!.. • ht i.. A...tr...,,, , , r_ 4.. - all.l11 11. 4.• ,.-.; iil., ' - 2i . OA,1 t . 1 WIad Al r. VZ: 0 11F11 L.: C 41 ., 4: orNir" 1 .... 1 0 ‘" 4" CI 0' 4° 0 CM ° 0 0 C ne o 11; 0 11:' 44)..0„, tt• 0 :;... 7k, r0 r, ',. c scs -.-: 4 a) N i••• 4 .`' r u N— I r4, 4•" 4 1, 1 VTI . 4 ;.... 7. CV irs c-. 4 oo or- 4 r.., ‘ P'-• ter et r: 1 r.. 4!,-; •- 4 ir- t I CN E 1 dz. ol) 1- 1 PI) r• ri - ' 4 0 it 0 4 4 5,... IIII 4k vial. k ISO 1 i it. A qAol 4 J c q NI I• N ' Pei P.,,.... , . 8 r., aril Ink 0 -. .. 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Ccj f, Name Mailing Address Pre, ,, ss( i Elwood Shopping Center LLC 70 NE Loop 410 Ste. 185 1302 Elwood Ave.'SO vC c/o Spigel Properties, LLC San Antonio,TX 78216 South Bend, IN 46628 '4,', Lakshmi Properties LLC 14875 Cranford Ct. 1355 Portage Ave.t<,L Granger, IN 46530 South Bend, IN 46628 O/ ti 1347 Portage Ave. South Bend, IN 46628 Shark Investments LLC PO Box 11664 1310 King St. South Bend, IN 46634 South Bend, IN 46628 Elayan Saja !mad 51041 Hollyhock Rd. 1409 Portage Ave. South Bend, IN 46637 South Bend, IN 46628 Peak Investment&Asset 5199 Gardenia Ct. 1301 Elwood Ave. Management LLC West Lafayette, IN 47906 South Bend, IN 46628 1305 Elwood Ave. South Bend, IN 46628 1405 Portage Ave. South Bend, IN 46628 FSPI EMPL Profit Sharing Plan 5200 Dallas Hwy.Ste 200-280 1315 Elwood Ave. 401K Powder Springs, GA 30127 South Bend, IN 46628 Amy Castillo 1309 Elwood Ave. 1309 Elwood Ave. South Bend, IN 46628 South Bend, IN 46628 The Spousal Trust FAAS Clair A 10106 Chester Dr. 1318 King St. Trustee Carmel, IN 46032 South Bend, IN 46628 c/o Claire A Faas E and L Associates PO BOX 16252 1314 King St. Saint Louis, MO 63105 South Bend, IN 46628 k 1 GOULOFF - JORDAN ALLEY VACATION EXHIBIT 1 SURVEYING AND DESIGN,INC. Part of the SW 1/4, SEction 35- T38N-R j e j in Clerk's 1Ce 3 3 BROADWAY FORT WAVNE,IN 46802 1405 Portage Avenue,South Bend, IN 46628 hW(2601424-5362 FAX (7601424-4916 1 I J N 7 2023 DAW M\ ONES 0 1 Seeio CITY CLERK, 0 STH BEND, IN SCALE:1'=20' Lot"B" Eleyan,Saja/mad Doc.#1703037 m 3'0 steel post Ind.(+7.0) m£ 1 pipe i 2.6'W)9..g. Ind.(-0.3) 3"0 stpost 12' bar fad.(0.0)( 0 14'i /- ( eel+ 5.0)----. ^144.Y(p)old wd. Inc posts(cut) 0 54.J9Trn) I-i N 8928'02"E 103.95'(m) grass 0 d i alley alley(Plat) edge asphalt conn LP bas o cJ" only(typ.) rV aw w 1102'(p) North line,Lot "C" III 43(P) gross 43'(p) 14' 115 asphalt u^det deb rN 4alµ18 v i\ 78.8' Lot rrC.. ante 0,.\\‘,' ALLEY a a ° m61 1D • Co(0 ae VACATION-1 5\etyBo\30 glt.l \ PaP Pyq.95 ace f 1 8 'IN \ 9 s a lfi o roes qc V. N N 6 8 \ b\ a Z G electt o Lot 7 Lot 8 ° "? — \ a bldg a0/ ospnolr Victory AddasnII I ?9 qa5 os PH.10,p9.86 1 O 1ne\ e, ap/06"#pvc with ff 1. aa/ brass cover Waodco aµ ° gross 6 c° o S s nxy.° Speedway SuperAmece,LW Doc.#0103291 lance w' bm 8 ch hnµ• a s06 101% Oa 9 0.395 Ac.(c) I 3 te9 a 8"wide conc.retaining wall\ < asphalt on and along prop.line) I asphalt \ conc.LP base c Y 43•(P)43'(p) i 14.0 ' I edge asphalt) \$ S 89'2]20"W 139.50'(c) concrete walk 159'(r)(p) concrete approach —°"—Q—---4--.--pw—ON,—°"'—01° ow— cont. curb Utpole with cone. curb a cele.point transformer at end of wa#) ELMWOOD AVENUE conc. curb 45 ALLEY VACATION DESCRIPTION I,Timothy C.Gouloff,hereby certify that I am a professional land surveyor,licensed All of the 14-foot wide alley lying between Lot 8 and Lot"C'in under the laws of the State of Indiana,and that the information shown hereon is true Victory Addition to the City of South Bend,Indiana,as shown and accurate to the best of my information,knowledge and belief. on the plat thereof,recorded in Plat Book 10,page 85 as found Field work was performed for this survey on June 12,2023. in the Office of the Recorder of St.Joseph County,Indiana. Certified this 27th Day of June,2023. 01lulllullltto 1srFq..On LEGEND y(r/I S No.29500017TEOF *_m) MEASURED 7V/ (l i STATE OF r) RECORDEDLCULATTimothy C.Gouloff,RLS 29500017 r' I,, S,uwt..;40,,`c) CALCULATEDV G. p) PLATTED I affirm,under the penalties for perjury,that I have taken hl 1llnlnlP`t s\\ reasonable care to redact each Social Security Number in For the exclusive use of: PRAVEEN GULATI this document,unless required by law.'Timothy C.Gouloff Date:June 27,2023 Job No. 20220190 VAC SHEET 1 OF 1 ALLEY VACATION DESCRIPTION All of the 14-foot wide alley lying between Lot 8 and Lot "C" in in Victory Addition to the City of South Bend, Indiana, as shown on the plat thereof, recorded in Plat Book 10, page 85 as found in the Office of the Recorder of St.Joseph County, Indiana. Filed ire Clerk's Office ç.1NOH BEND,IN July 19, 2023 CITY OF SOUTH BEN COMMUNITY INVESTMENT Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council County-City Building, 4 th Floor South Bend, Indiana 46601 Filed in Clerk's Office Jut 19 7071 DAWN M. JONES CITY CLERK, SOUTH BEND, IN RE: Confirming Resolution: Mixed-Use Development Real Property Tax Abatement Petition for Five Corners LLC Dear Council Member Tomas Morgan: Please find the enclosed information pertaining to a mixed-use development real property tax abatement petition submitted by Five Corners LLC, an Indiana Limited Liability Company. On July 10, the Common Council approved Declaratory Resolution No. 5039-23 for this abatement. The Council will now consider the Confirming Resolution. 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 108 residential apartments, four (4) for-sale condo units, and approximately 5,000 square feet of retail space. The total private investment for the project is $31.5 million. The project meets the requirements established by Sections 2-79 et seq. and would qualify for a ten-year (10) mixed-use development real property tax abatement. A representative from Five Corners LLC will be available to meet with the Committee on Monday, July 24, 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. Sincere�, . ,,,,---. , - ) / I (.,____./ � __// 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.southbend,n.gov BILL NO. 23-49 I F iiedi in Clerk's Office BILL NO. 23-49 i JUL 19 ?O? RESOLUTION NO. 5046-23 LAWN M.JONES TY CLERK,SOUTH BEND,IN A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1144 Corby Boulevard, South Bend, IN 46617 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN-YEAR (10) REAL PROPERTY TAX ABATEMENT FOR Five Corners LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as an Economic Revitalization Area for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area described as: Key Number: 71-09-06-301-014.000-026 Commonly Known As: 1144 Corby Boulevard Legal Description: Lot 319 Park Pl 3rd Add be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1- 12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council herebyconfirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for mixed-use development real property tax abatement only and shall expire on December 31, 2026. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for up to a period of ten (10) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. Year 1 - 100% Year 2 - 90% Year 3 - 80% Year 4 - 70% Year 5 - 60% Year 6 - 50% Year? -40% Year 8 - 30% Year 9 - 20% Year 10 - 10% SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana, on the day of 2023, at o'clock .m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m. James Mueller, Mayor City of South Bend Filed in Clerk's Office JUL 19 707.3 DAWN M.JONES CITY CLERK,SOUTH BEND, IN TAX ABATEMENT REPORT TO: South Bend Common Council FROM: Erik Glavich, Director, Growth and Opportunity SUBJECT: Mixed-Use Development Real Property Tax Abatement Petition for Five Corners LLC DATE: July 5, 2023 On June 30, 2023, a petition for tax abatement from Five Corners LLC was filed with the Office of the City Clerk. The petition seeks consideration for a mixed-use development real property tax abatement for property at the northeast corner of Eddy Street/State Route 23 and Campeau Street in South Bend. Pursuant to Chapter 2, Article 6, Section 2-84.9 of the Municipal Code of the City of South Bend, the petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to Indiana Code 6 1.1-12.1 and all zoning requirements have been met. The Department of Community Investment has reviewed the petition, investigated the area, and makes the following report. Project Summary The petitioner, Five Corners LLC, has partnered with HP Irish Corners LLC (a Holladay Properties entity)to build a mixed-use project. The project is being developed by HP Irish Corners LLC on a ground lease structure with Five Corners LLC. The project will consist of 108 residential apartments, four(4)for-sale condominiums, and 5,000 square feet of retail space. Private investment into this project is approximately $31.5 million. The project will greatly contribute to the walkable urban community south of Notre Dame's campus. Employment Impact By the end of 2024, the petitioner anticipates to create five (5)full-time jobs with an estimated annual payroll of$348,600. By the end of 2025, the petitioner anticipates to create nine (9)total full-time jobs with an estimated annual payroll of$602,200. This includes the jobs created in 2024. Tax Estimates The petitioner qualifies for a ten-year(10) mixed-use development real property tax abatement. Current estimated annual taxes: $12,800 Estimated annual taxes after the project's completion: $486,300 Total estimated taxes during the ten-year(10) abatement period: $4,862,900 o Estimated taxes being abated during the abatement period: $1,526,100 o Estimated total taxes to be paid during the abatement period: $3,336,800 Abatement Qualification 1. A review of the tax abatements previously granted finds that the petitioner has been granted the following previous abatement. Resolution No. 4811-19: Seven-year(7) real property tax abatement for property at the northeast corner of Eddy Street/State Route 23 and Corby Boulevard. 2. The property is properly zoned for the proposed project. 3. Taxes on the property have been paid in full. 4. A review of the South Bend Redevelopment designation areas finds that the property is in the River East Development Area. 5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a ten-year(10) mixed use development real property tax abatement under Division 5 (Mixed Use Development Real Property Tax Abatement). 2 10-Year Abatement July 5,2023 Five Corners LLC South Bend Portage Township Residential Real Property Tax Abatement Schedule* Type of Dwelling: Multi-Family Residence -108 units- Estimated Project Cost: $23,000,000 New Construction Property Address: 1144 Corby Boulevard Tax Key Number: 71-09-06-301-014,000-026 Without Current Abatement Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Assessed Value(AV) Land 150,673 $ 150,673 $ 150,673 $ 150,673 $ 150,673 $ 150,673 $ 150,673 $ 150,673 $ 150,673 $ 150,673 $ 150,673 $ 150,673 Structure(AV=80%Project Cost) 216,200 18,400,000 18,400,000 18,400,000 18,400,000 18,400,000 18,400,000 18,400,000 18,400,000 18,400,000 18,400,000 18,400,000 Gross Assessed Value 366,873 18,550,673 18,550,673 18,550,673 18,550,673 18,550,673 18,550,673 18,550,673 18,550,673 18,550,673 18,550,673 18,550,673 Abatement 100%90%80%70%60%50%40%30%20%10% Abatement Deduction 18,183,800) (16,365,420) (14,547,040) (12,728,660) (10,910,280) (9,091,900) (7,273,520) (5,455,140) (3,636,760) (1,818,380) Net Assessed Value 366,873 18,550,673 366,873 2,185,253 4,003,633 5,822,013 7,640,393 9,458,773 11,277,153 13,095,533 14,913,913 16,732,293 Property Taxes Assume constant tax rate of 5.2897% Gross Tax(Tax Rate x Net AV) 19,407 981,275 19,407 115,593 211,780 307,967 404,154 500,341 596,528 692,714 788,901 885,088 Local Tax Credit(8.7112%of GT-DS) 1,563) (79,022) (1,563) (9,309) (17,055) (24,800) (32,546) (40,292) (48,038) (55,784) (63,530) (71,276) Circuit Breaker Credit 5,371) (457,093)51,228) (132,401) (213,574) (294,747) (375,920) Taxes Due 12,473 $ 445,161 $ 17,844 $ 106,285 $ 194,726 $ 283,167 $ 371,608 $ 408,820 $ 416,088 $ 423,356 $ 430,624 $ 437,892 3% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% Circuit Breaker Cap 11,006 371,013 371,013 371,013 371,013 371,013 371,013 371,013 371,013 371,013 371,013 371,013 Debt Service(0.3997%of Net AV) 1,466 74,147 1,466 8,734 16,003 23,271 30,539 37,807 45,075 52,343 59,611 66,879 Max Tax Under the Cap 12,473 445,161 372,480 379,748 387,016 394,284 401,552 4013,820 416,088 423,356 430,624 437,892 Combined Year Abatement Current Taxes New Net Taxes Current& Taxes Abated Due Projected Tax Paid New Taxes 1 100% $ 12,473 $ 432,688 $ 445,161 $ (427,317) $ 17,844 2 90% 12,473 432,688 445,161 (338,876) 106,285 3 80% 12,473 432,688 445,161 (250,435) 194,726 4 70% 12,473 432,688 445,161 (161,994) 283,167 5 60% 12,473 432,688 445,161 (73,553) 371,608 6 50% 12,473 432,688 445,161 (36,340) 408,820 7 40% 12,473 432,688 445,161 (29,072) 416,088 8 30% 12,473 432,688 445,161 (21,804) 423,356 9 20% 12,473 432,688 445,161 (14,536) 430,624 10 10% 12,473 432,688 445,161 (7,268) 437,892 Total:124,726 4,326,879 4,451,605 (1,361,195) 3,090,410 s "'ts This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2022 Payable 2023. 6F it Department of Community Investment The true tax values will ultimately be determined by the actual assessed valuation and the then-current tax rates. 4, • ?' City of South Bend w4." 10-Year Abatement July 5,2023 Five Corners LLC South Bend Portage Township Commerical Development Real Property Tax Abatement Schedule* Type of Property: Retail Establishment Estimated Project Cost: $ 1,500,000 New Construction Property Address: 1144 Corby Boulevard Tax Key Number 71-09-06-301-014,000-026 Without Current Abatement Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Assessed Value(AV) Land 9,827 $ 9,827 $ 9,827 $ 9,827 $ 9,827 $ 9,827 $ 9,827 $ 9,827 $ 9,827 $ 9,827 $ 9,827 $ 9,827 Structure(AV=80%Project Cost) 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 Gross Assessed Value 9,827 1,209,827 1,209,827 1,209,827 1,209,827 1,209,827 1,209,827 1,209,827 1,209,827 1,209,827 1,209,827 1,209,827 Abatement 100%90%80%70%60%50%40%30%20%10% Abatement Deduction 1,200,000) (1,080,000) (960,000) (840,000) (720,000) (600,000) (480,000) (360,000) (240,000) (120,000) Net Assessed Value 9,827 1,209,827 9,827 129,827 249,827 369,827 489,827 609,827 729,827 849,827 969,827 1,089,827 Property Taxes Assume constant tax rate of 5.2897% Gross Tax(Tax Ratex Net AV)520 63,996 520 6,867 13,215 19,563 25,910 32,258 38,606 44,953 51,301 57,649 Local Tax Credit(8.7112%of GT-DS) 42) (5,154)42)553) (1,064) (1,575) (2,087) (2,598) (3,109) (3,620) (4,131) (4,642) Circuit Breaker Credit 144) (17,712)1,642) (6,998) (12,355) Taxes Due 334 $ 41,130 $ 478 $ 6,314 $ 12,151 $ 17,987 $ 23,824 $ 29,660 $ 35,497 $ 39,692 $ 40,171 $ 40,651 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% Circuit Breaker Cap 295 36,295 36,295 36,295 36,295 36,295 36,295 36,295 36,295 36,295 36,295 36,295 Debt Service(0.3997%of Net AV) 39 4,836 39 519 999 1,478 1,958 2,437 2,917 3,397 3,876 4,356 Max Tax Under the Cap 334 41,130 36,334 36,814 37,293 37,773 38,253 38,732 39,212 39,692 40,171 40,651 Combined Year Abatement Current Taxes New Net Taxes Current& Taxes Abated Due Projected Tax Paid New Taxes 1 100% $ 334 $ 40,796 $ 41,130 $ (40,653) $ 478 2 90% 334 40,796 41,130 (34,816) 6,314 3 80% 334 40,796 41,130 (28,980) 12,151 4 70% 334 40,796 41,130 (23,143) 17,987 5 60% 334 40,796 41,130 (17,307) 23,824 6 50% 334 40,796 41,130 (11,470) 29,660_ 7 40% 334 40,796 41,130 (5,634) 35,497 8 30% 334 40,796 41,130 (1,439) 39,692 9 20% 334 40,796 41,130 959) 40.171 10 10% 334 40,796 41,130 480) 40,651 Total: 3,341 407,964 411,305 (164,880) 246,425 This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2022 Payable 2023. W v; Department of Community Investment The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. P3 City of South Bene City of South Bend Instructions:Complete pages 1-3 Yii AND the proper Form SB-1 for Petition for Incentives the type ofabatement(real s property or personal property)t" `^ Petition must include a$250 filing fee payable to the Cky Clerk's Office AY/ for which you are applying. before processing can be complete t.-` r1 s'-'•-•'`i•rkGeneralInformationProjectName5-Corners Project Number S Legal name as registered with Secretary of State Five Corners LLC i lay C,0 Business structure4 ‘./. :4. '".^ 9 Limited Liability Company 1}C f Company website V i'(f ' 20? www.liveinsouthbend.com F '1+1 q,Proposed Project Information CC Proposed project address 1144 Corby Blvd Parent company name Five Corners LLC M• city,soca,IIp South Bend, IN 46617 Lep/owner Five Corners LLC i Site acreage or acreage required 2 8 b the real•ectate owned Leasedorleased? Square fret of facility 172,955 N leased,by whom?HP Irish Corners LLC Primary Contact Information Primary company contact name Anne Hayes Title Member Address of company contact 814 Marietta Street Phone 574-210-5167 C1ty,State:np South Bend,IN 46601 Email ahayes@telecompark.com Senior Official Information Company senior official name N/A title Address of company contact Ifdifferenttroabove) Phone m City.State,21p Email Consultant Information/Agent Hired business consultant/agent name N/A Consultant release?(Y/N) Address total economic development partners approval?(y/N) City.State,Zip Email Project Overview Brief description of your company,project,and why the We are proposing the development of a mixed-use project at the ppenl necessaryryfor intersection of State Route 23 and Corby Boulevardeco1144CorbyBlvd. The project will be known as 5-Corners and feature 108 residential apartment units (+/- 152,026 SF), four for-sale condo units (+/- 9,200 SF), and +/- 5,000 square feet of retail.The project is being developed by HP Irish Corners LLC (a Holladay Properties entity)on a ground lease structure with Five Corners, LLC. This will continue to develop the neighborhood south of Notre Dame's campus and help foster a walkable, urban community with various housing and commercial options. Total project investment is anticipated to be approximately $31.5 million. Certified Technology Park appropriate N/A Is the project in a Tax Incremental Financing RIF)area?If so,which? River East Have Building Permits been issued?(Y/N) Number of residential units created byNote-Not eligible for abatement if Yes) N project 108 tugs is a petition for personal property tax abatement,has the equipment been Installed? N/A Investment Details Public Infrastructure needs Has any 504 funding been What is the value of any equipment being purchased in What is the value Of any equipment beingOff-site of project in dollars) received? Indiana for the project? purchased from out of state for the project? None No N/A N/A New Project Investments ICalendar Year 2022 2023 2024 20252026 2027 2028 2029 Land Acquisition i tullding Lease Payments 5 l57 000 00 5 157 000 00 5 157 000 00 5 157.000 00 5 157.000 00 5 157.000 00 5 157.000 00 Building Purchase Costs I I 1\ 1 New BuildingConstruction 1 h• I rc Dux. 5. :1r.0 000 co 4/6J. . Existing Building Improvements I I I TI Neu'Machinery 5 Cquipment I I i, J,., _ N. Special tooling/Retooling I I I I I//l. 1 V{/6. I ,NS0 -N• New fumiture(Fatures 000 Y -, 0,S 500,000 QO 2 i 7 F,. rNewComputer/ft Hardware i 9,--i,71/,,....„.G'z5o ooa ao 4t 1/,;. ,:-.0?- New Software 15 50,000 00 S yNew un-site Rail infrastructure I 1 ry iy(` I, / ion-site Fiber Infrastructure I I I ,'-' 4'o / TOTAL 0.00 S 11.157,900 w 511:957.000 w $157,000.00 $157,000.00 $157,000.00 ;$157,000.00 $157,000.001 \ ` / Full-Time Permanent Indiana-Resident Positions by Calendar Year ra!enAer ye,. I I .'eta;,,.,t I unto,/ I r,iinuretiwe a ni a<r Nrw bill time I unnrly atiptaiiin waen,win 1 Total trainme I Total#to be average permanent jobs(reined atproject benefitsor bonuses,of euupendiibue- trained-not wage,tub benefits or cumulative net new johs not cumulative bonuses cumulative 2023 0 0 00 2U2a. c 3 34 96 I $15,000 3 2025 9 31 70 2026 2027 1 70711 2029 11111/ 1111111111111111_ --- - _— 2031 2032 2033 2034 Provide hourly wage information for new employees in the following positions. 1 ruff time Port once Laborers 15 00 3'0 00 Technical S 27 00 Maltagerlal S 33 00 Administrative In nn Who sill be the Individual responsible for coordinating with WorkOneonrewiting? I Jackie Green-SVP Property Management-Holladay Properties Does your company have an EEC hiring policy? y Are you an EEO employer? Y Please list the number of full tir.oa and part time minority and/or female Please describe your commitment to employees for the following years. diversity and Inclusion by detailing your outreach and recruitment efforts for the lastYear202320222021threeyearsaswellascurrentpolities. hull Time Part Time Full Time Part Time Full Time Part Time Black This will be a new operation Hispanic and Holladay Properties has Asian reached out to the Office of Indian Diversity,Compliance and Inclusion in an effort to identify Femalea more diverse employee and Other subcontractor candidates pool. s l n I Complete below for Real or Personal Property Tax Abatement onlyz AGI} i,1-• \ Please sign for all requested incentives. t: f' 1 Public Benefit Item:r%>U( I Information is required on both the construction companies and the companies which will provide materials purchased for this project. ify 1' Please complete the table below with the appropriate information. If Qua1 Earned Points Available PointsN.,:.4/i(, , /Yes or No) you qualify for the points,please enter the full amount of available points. 1 Construction Related(Contractors): A. Employ Local Companies(75%) Y 20 20 B. Purchase Materials from Local Companies(75%) Y 20 20 C. Require Employees vs.Independent Contractors Y 19 19 D. Require Prevailing Wage N 22 E Require Health Benefits Y 22 22 F. Require Retirement Benefits N 18 G. Maintain Affirmative Action-Plan Y 20 20 Sub-total Construction Related: 101 141 2 Wage&Benefit Related IOwnerj; A. Pay Target Wage Levels Y 33 33 B. i Provide Health Benefits Y 34 34 C. Provide Retirement Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Child Care N 15 F I Provide Transportation Assistance N 14 GProvide Employer Assisted Housing program N 9 Sub-total Wage&Benefit Related: 124 162 3 Workforce Related- A. Create elated• A. Create New Jobs Y 42 42 B. Retain Existing lobs N/A 41 C. Maintain Affirmative Action Plan N 35 D. Provide Targeted Hiring Preference N 34 I 1Sub-total Workforce Related: 42 152 4 Support a Municipal Facility: Support a SB Municipal Facility(donations to theA. zoo,conservatory,museum,etc.) Y 1 84 84 Name of Facility Zoo&VPA I isub-total Municipal Facility: yy 84 Sub-total from Above: 351 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,6-1.1-12.1-1,et seq.,and South Bend Municipal Code Sec.2-76 et seq.,for this petition state the above. Submitted By: i )Jttj p } 104,Date: 06/30/2023 A/ F( 7 For Staff Use Only Below This Eine e/ 9; f,'N. Land• /,O 5 670 y What k the current assessed value?Real Property: Personal Property , G/5^. N 1A16 Loa J \ cWhatISprojectedassessedvalue? 'Real Property: Qs! :/1,600/v00p00/Doo Personal Property: s.:0/ - `V j ,. What is Outer key number for this project? 7/-O`/—(X 30/—0/Y-000 'C!Z4 G) y\ r.,r`'. What Is the six digit NAILS code? Please attach a Google map and street viewer the location. r A Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last free years when applicable. w Year QV / ea yr zo 2.2. 10{/2r /6 Year Two 2.0 2.1 6,6 '15,06 1 Year Three 2024 5,?-if.X,2— Year Four if 33 6,2. Year Frye Wiff Ive 3 '77 + 374V Please fill out the following Public Benefit Summary Information and add to total from above. Pf or N1 Points I P:iikts Public Benefit Item: Project Related: 5 A. Redevelop d Site that has Special Needs y i / i 49 B. Develop Based.on Locdl University Research f 35 C. Achieve a Physical Element of a Plan 7 34 I 36 JSub-total Project Related: 8S 120 6 Super Size Projects!point values are cumulative): A. 100%to 199% y 25 25 B. 200%to 299% y 0tT 68 C. 300%to399% 11 e-5 65 D. 1400%and Over y 5.. 52 Isub-total Super Size Projects: 62/0 210 7 Pay for Municipal Infrastructure: i A. I Pay for Oversizing or Upgrading ti i 14 B. }Pay for 26-50%of Extension Cost PI 1 26 C. Pay for 51-75%of Extension Cost ii 39 D. ,Pay for 76-100%of Extension Cost It1/4) 52 JSub-total Infrastructure Related: 131 Total from Applicant Section: 351 539 Total from Staff Section: 24.5 461 Total Public Benefit Points:d 1 6 1000 STATEMENT OF BENEFITS Filed In Cie S`9 1 Jrf! 20 23 PAY 2024• e REAL ESTATE IMPROVEMENTS C? Stale Form 51'>' R'i 1-211 JU FORM SB-1/Real Property Prescribed by the Department of Local Government Finance r?N C L" 7Q, PRIVACY NOTICE ii;Statement is oeing completed for real property that qualifies under the fo 0 India3491e'::.cx ono 0n;;? Any information concerning fine cost I Redevelopment or rehabilitation of real estate improvements(IC 6-i 1-12. rfNV of trio popery and;pec tic salaries 1J paid to individual employees oy theResidentiallydistressedarea(IC 6-1 1-12.1-4 1; CC_K SO O ES property owner is confidential ear INSTRUCTIONS N J 1 This statement must be submitted to the oody designating the Economic Revitalization Area prior to the public h .if the designating body requires information from the applicant in making its decision about whether to designate an Economic.Revitalization Area Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for e hick the person wisnes to claim a deduction 2 The statement of benefits form must he submitted to the designating body ano the area designated an economic revitalization area before the initiation cf the redevelopment or rehabilitation for which the person desires to claim a deduction 3 To obtain a deduction a Form 322/RE must be filed with the county auditor before they 10 m the year in which the addition to assessed valuation is made or not later than thirty(30)days after the assessment notice is mailed to the property owner if it was mailed atter April 10 4 property owner who failed to file a deduction application within the prescribed deadline may file an application between January 1 and May 10 of a subsequent year 4 A property,owner who files for the deduction must provide the county auditor and designating body with a Form CF-1,Real Property The Form CF-11Real Property should be attached to the Form 322iRE when the deduction is first claimed and then updated annually For each year the deduction is applicable C 5-1 1-12 1-5 1(h) 5 For a Form SB-1/Real Property!hat is approved after June 30. 2013 the designating body is required to establish an abatement schedule for each deduction allowed For a Form SB-1/Real Property that is approved prior to July 1. 2013. the abatement schedule approved by the designating body remains in effect IC 5-1 1-12.1-17 SECTION 1 TAXPAYER INFORMATION Name of taxpayer Five Corners LLC Address of taxpayer Nr„ ,,:,ti1Strati 814 Marietta Street cin: South Bend ;i.,t-: IN ZrP- 46601 i Name of contact person Telephone number E-mail address ug"..„10,c,Anne Hayes I 574210-5167 ahayes@telcompark.com SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number Common Council of the City of South Bend Location of property I County DLGF taxing district number i,p,, i,,,l:;„ "144 Corby Boulevard South BendIN 46617 St. Josephtt' i 026(South Bend-Portage) i Desamtion pf real property improvements redevelopment or rehabilitation(use additional Sheets d necessar7! Estimated start date i.mor'ih day year) Redevelopment of vacant land into two buildings featuring 108 rental 9/13/2023 Estimated completion date(month day.yeahapartmentunitsandretailspace 8!31!2025 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT CurrentNumberSalaries Number Retar•,-' Salaries iitlonal Salaries 0 0 0 9 6 570.600 SECTION 4 ESTIMATED TOTAL COST AND VALUE,OF PROPOSED PROJECT REAL_ESTATE IMPROVEMENTS COST ASSESSED VALUE I Current values s.:I 216,200 Plus estimated values of proposed project 00,0,: s 19555 000 Less values of any property being replaced s o S 216.20o Net estimated values upon completion of project 24.500.00: 19,600,000 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solo waste converted(pounds) Estimated hazardous waste arvu ti Other oenefits The project is being developed to meet the National Green Building Standard for sustainability and energy efficiency. SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true Signature of authorized representative ,. date signed;mu,'r,7,day.year)4IF ap 16/30/2023 i 0rinted name of authorized reoresantative 1 Title Anne Hayes Member Page 1 of 2 FOR USE OF THE DESIGNATING DODY IWe find that the applicant meets the general standards in the resolution adopted or to be adopted by this oody. Said resolution..passed or to be passed I under IC 6-1 I-12.1.orovides for me following limitations: A The designated area has been!united to a period of bme not to exceed N/A calendar years';see ieioith The date this designation expires is 12/31/2026 ioTE rhrs question addresses whether the resolution contains an expiration dare for the designated area B The type of deduction that is allowed in the designated area is limited to: 1 Redevelopment or rehabilitation of real estate improvements X Yes UNo 2 Residentially distressed areas Yes M No C The amount of the deduction applicable is limited to s N/A ID Other limitations or conditions. o fy: N/A E. Number of years allowed Year! J Year 2 Year 3 Year 4 Year 5 (`see below) Year 5 Year 7 Cj'fear 8 Year 5 GT Year 10 F For a statement of benefits approved after June 30.2013.did this designating oody adopt an abatement schedule per I.6-i 1-1,: I-177 Yes No If yes.attach a copy of the abatement schedule to this form. if no the designating body is required to establish an,abatement schedule before the deduction can be determined. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved(signature and tide of authorized member of designating bodyTelephone number Date signed(month,day.year) Printed name of suthonzad mernoer of designating oody NamP ni.iecigneting randy Common Council of the City of South Bend,IndianaIAttestedby(signature and title of attester) Printed name of attester I i j I it the designanr.0 body limits the time period during which an area is an economic revitalization area.that limitation does not limit the length of time a I taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 5-1 1-12 1-17 A. For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1.2013,the deductions established in IC 5-1 1-12.1-4 1 remain in effect.The deduction period may not exceed five(5)years. For a Form SB-1/Real Property that is approved after June 30 2013,the designating body is required to establish an abatement schedule for each deduction allowed. Except as provided in IC 6-1.1-12.1-13.the deduction period may not exceed ten(101 years. iSee IC 6-1.1-12 1-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1,2013,the abatement schedule approved by the designating body remains in effect.For a Form SB-1/Real Property that is approved after June 30.2013,the designating body is required to establish an abatement schedule for each deduction allowed.(See IC 5-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sec.17.(a)A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4 5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's Investment in real and personal property. 2) The number of new full-time equivalent jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The infrastructure requirements for the taxpayer's investment. b;This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. Except as provided in IC 6-1 1-12.1-18,an abatement schedule may not exceed ten(10)years. a)An abatement schedule approved for a particular taxpayer before July 1.2013.remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. n Clirk s rut. toyCo), o JAM Z025 W SOUAFS REND IN Page 2 of 2 Aerial and Street Views amail-- art M+ i stir 1 oil r:* iorAilot if?! N ,. er IIIII a':',.,,,, s,s," 0,\, 4q l \N • f- i r-likiit I{ Ga, Ir ifI View Looking Northeast from Corner of Eddy Street and Campeau Street MM Irl View Looking East from Eddy Street rte ti. w r 41 '4.:* tai,, 4 + • k,„ rig , * a r y fr.„ „ +1 `'a" Le View Looking South from Corby Boulevard irArbaiit' fit"A a wf; , _ 6 View Looking West from Corby Boulevard Near N. Arthur Street 0. k L tike-,, , iiill Y i• pre View Looking West-Northwest from Campeau Street A i ll!, ai'. "' G '. v a n ja.1 F°'.c 4 .art4 4:-""'r ale V' '41 Project Renderings A b13 d Ci • Z ' t ": Ne iA ridAr 4. d ill o I" ouctr y 4tit. r P fes 1 if, vor Aim. ...«disio, a., rY V. q% Al \iii. 110 N''''• gib„ i 7. y s!a_ Y. 421.11;;'-- - 4111_1T.. ".•P1711":: 82 i'm dam , t,lyy; Y°+ "°p•. Ki:<;,: 5d s 4iiiilir M ir tt 1tE k*" i' 11 lI Is. Glx r 1 4 11 R C Its i F p " om. fay iiiiiiill5".. n}.. 1 iii 1 rte_. ffice u. 19 7073 DAWN M.JONES CITY CLERK,SOUTH BEND,IN Ned in Clerk's Office f L JUL 19 ?On UAV1/N M.JONES CITY CLE iK,SOUTH BEND,INMEMORANDUMOFAGREEMENT MIXED-USE DEVELOPMENT REAL PROPERTY TAX ABATEMENT) This Memorandum of Agreement (Agreement) dated as of July 13, 2023, serves as confirmation of a commitment by Five Corners LLC(the"Applicant"),pending a July 26,2023, public hearing,to comply with the project description,job creation and retention(and associated wage rates and salaries) figures contained in its petition, Statement of Benefits, and attachments and this Agreement. 1. Property Associated with the Abatement and Responsibilities of the Applicant. At the time of this Agreement,the property is located at 1144 Corby Boulevard, South Bend, Indiana 46613, and has Key Number 71-09-06-301-014.000-026. Throughout the duration of the abatement,the Applicant shall promptly report any changes in the address or Key Number of the property receiving the abatement to the Department of Community Investment and to the Office of the City Clerk. Moreover, the Applicant also shall report any material changes or improvements made to the property subject to the abatement including changes as the result of subdividing,replatting, or otherwise. The Applicant agrees that failure to promptly report changes can result in a finding of noncompliance on behalf of the Applicant under the commitments of this Agreement. 2. Commitments of City and Applicant. Subject to the adoption of a Declaratory Resolution and a Confirmatory Resolution by the South Bend Common Council (the "SBCC"), the City of South Bend, Indiana, (the "City") commits to provide a ten-year (10) mixed-use development real property tax abatement for the Applicant, based on the Applicant's commitment set forth in its Application. The Applicant commits to the following(the"Commitments"): a)making total combined real property expenditures of no less than Twenty Seven Million dollars($27,000,000.00)for the construction of a mixed-use development at property identified in Section 1 of this Agreement consisting of two buildings featuring an approximately 108-unit apartment building and commercial space,respectively,with total combined area of approximately One Hundred Seventy Three Thousand(173,000) square feet; b)creating at least nine(9)permanent full-time jobs with a total estimated annual payroll of at least Five Hundred Seventy Thousand Six Hundred dollars($570,600.00); and c)acting in good faith to complete the project as described in its Application. 3. Applicant's Compliance with City and State Laws. During the term of the abatement, the Applicant shall comply with Chapter 2,Article 6,of the South Bend Municipal Code,entitled"Tax Abatement Procedures,"and all governing provisions of the Indiana Code. During the term of this abatement,the City may annually request information from the Applicant concerning the nature of the Project,the approved capital expenditure of the Project,the number of full-time permanent positions newly created by the Project,and the average wage rates and salaries(excluding benefits overtime) associated with the positions, and the Applicant shall provide the City with adequate written evidence thereof within fifteen(15)days of such request(the"Annual Survey"). The City 1 savings repayment should not occur. If, after giving such notice and receiving such evidence, if any,the City determines that the abatement termination and/or the tax repayment action is proper, the Applicant shall be provided with written notice and a hearing before the SBCC before any final action shall be taken terminating the abatement and/or requiring repayment of tax benefits. The Applicant shall be entitled to appeal that determination to a St.Joseph County Superior or Circuit Court. 8. Repayment. In the event the City requires repayment of the tax abatement savings as provided hereunder, it shall provide Applicant with a written statement calculating the amount due the"Statement"),and Applicant shall make such repayment to the City within one hundred twenty 120)days of the date of the Statement. If the Applicant does not make timely repayment,the City shall be entitled to all reasonable costs and attorneys' fees incurred in the enforcement of this Agreement and the collection of the tax abatement savings required to be repaid hereunder. 9. Modification/Entire Agreement. This Agreement and the schedules attached hereto as Exhibit A contain the entire understanding between the City and the Applicant with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, inducements, and conditions, expressed or implied, oral, or written, except as herein contained. This Agreement may not be modified or amended other than by an agreement in writing signed by the City and the Applicant. The Applicant understands that any and all filings required to be made or actions required to be taken to initiate or maintain the abatement are solely the responsibility of the Applicant. 10. Waivers. Neither the failure nor any delay on the part of the City to exercise any right, remedy, power, or privilege under this Agreement shall operate as a waiver thereof,nor shall any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power, or privilege with respect to any occurrence or be construed as a waiver of such right, remedy, power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. 11. Governing Laws of Indiana. This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by the laws and decisions of the courts of the State of Indiana. 12. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the jurisdiction of the Courts of the State of Indiana and of the St.Joseph County Circuit or Superior Court in connection with any action or proceeding arising out of or relating to this Agreement or any documents or instrument delivered with respect to any of the obligations hereunder, and any action related to this Agreement shall be brought in such County and in such Court. 12. Notices. All notices, requests,demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been received when delivered by hand or by facsimile(with confirmation by registered or certified mail)or on the third business 3 day following the mailing,by registered or certified mail,postage prepaid,return receipt requested, thereof,addressed as set forth below: If to Applicant: Five Corners LLC 814 Marietta Street South Bend, Indiana 46617 Attn: Anne Hayes, Member With a copy to: Holladay Properties 3454 Douglas Road, Suite 250 South Bend, Indiana 46635 Attn:Paul Phair, Vice President of Development If to the City: City of South Bend,Indiana 227 W.Jefferson Boulevard, Suite 1400S South Bend, Indiana 46601 Attn: Executive Director of Community Investment 13. Assignment and Transfer Prohibited. This Agreement shall be binding upon and inure to the benefit of the City and the Applicant and their successors and assigns,except(a)that no party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party hereto, in which consent shall not be unreasonably withheld, and (b) Applicant may assign and transfer its rights under this Agreement to the Permitted Assign without prior written consent. "Permitted Assign" means the affiliated single purpose entity created for purposes of designing, constructing, owning, operating, and maintaining the project which is the subject of this Agreement. 14. Valid and Binding Agreement. This Agreement may be executed in any number of counterparts,each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. By executing this Agreement, each person so executing affirms that he has been duly authorized to 4 execute this Agreement on behalf of such party and that this Agreement constitutes a valid and binding obligation of the party. 15. Severability. The provisions of this Agreement and of each section or other subdivision herein are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part unless this Agreement is rendered totally unenforceable thereby. 16. No Personal Liability. No official, director, officer, employee, or agent of the City shall be charged personally by the Applicant,its employees,or its agents with any liabilities or expenses of defense or be held personally liable to the Applicant under any term or provision of this Agreement or because of the execution by such party of this Agreement or because of any default by such party hereunder. Remainder of page intentionally blank.] IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. Applicant"City" Five Corners LLC City of South Bend, Indiana By: C 11+ ft/-1,,!_.`.L By: Anne Hayes Sharon McBride Member,Five Corners LLC President, South Bend Common Council Approved as to Legal Adequacy and Form By: this Rachel Tomas Morgan day of 2023. Chairperson,Community Investment Committee Counsel, South Bend Common Council By: Erik Glavich Department of Community Investment Counsel for Applicant By: James Mueller Mayor 6 EXHIBIT A Abatement Schedule Subject to the adoption by the SBCC of a resolution confirming the adoption of Declaratory Resolution No. 5039-23, the property owner is qualified for and is granted a mixed-use development real property tax abatement for a period of ten (10) years as shown by the schedule outlined below. Year 1 - 100% Year 2 - 90% Year 3 - 80% Year 4 - 70% Year5 - 60% Year 6- 50% Year 7-40% Year 8 - 30% Year 9-20% Year 10- 10% Filed in Clerk's Office JUL 19 7071 DAWN M.JONES CITY CLERK,SOUTH RENO,IN 7 CITY OF SOUTH BE I)iled in Clerk's Office COMMUNITY INVESTMENT JUL 19 7071 July 19, 2023 Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council County-City Building, 4th Floor South Bend, Indiana 46601 DAWN M-:-JONESCITY CLERK, SOUTH BEND, IN RE: Confirming Resolution: Personal Property Tax Abatement Petition for Crossroads Solar Enterprises LLC Dear Council Member Tomas Morgan: Please find the enclosed information pertaining to a personal property tax abatement petition submitted by Crossroads Solar Enterprises LLC, an Indiana Limited Liability Company. The abatement would apply to new equipment to be installed at 1901 N. Bendix Drive in South Bend. On July 10, the Common Council approved Declaratory Resolution No. 5042-23 for this abatement. The Council will consider the Confirming Resolution. This petition package includes: •Department of Community Investment's summary report •Petition for abatement •Statement of Benefits form (SB-1 / PP) •Supporting information The report contains the Department's findings relative to the above-mentioned petition. The petitioner plans to purchase and install a new construction line at a cost of $1,000,000. The investment is projected to quadruple the production of solar panels and will enable Crossroads to hire 15 new full-time employees. The project meets the requirements established by Sections 2-79 et seq. and would qualify for a five-year (5) personal property tax abatement. A representative from Crossroads Solar Enterprises LLC will be available to meet with the Committee on Monday, July 24, 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. lUJ2-,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.southbend,n.gov BILL NO. 23-50 Filed in Clerk's Office BILL NO. 23-50 JAIL 19 ?on RESOLUTION NO. 5047-23 DAWN M.JONES CIN CLERK,SOUTH BEND,IN A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1901 N. Bendix Drive, South Bend, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE-YEAR (5) PERSONAL PROPERTY TAX ABATEMENT FOR Crossroads Solar Enterprises LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as an Economic Revitalization Area for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1901 N. Bendix Drive, South Bend, Indiana 46628, and which is more particularly described as follows: Business Personal Property and which has Key Numbers to be assigned, be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for personal property tax abatement only and shall expire on December 31, 2026. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) years as shown below pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition,the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. Year 1 - 100% Year 2 - 95% Year 3 - 90% Year 4 - 85% Year 5 - 80% SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana, on the day of 2023, at o'clock .m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023,at o'clock m. James Mueller, Mayor Filed in Clerk's Office City of South Bend JUL 1 9 9(171 DAWN M.JONES CITY CLERK,SOUTH BEND,IN TAX ABATEMENT REPORT TO: South Bend Common Council FROM: Erik Glavich, Director, Growth and Opportunity SUBJECT: Personal Property Tax Abatement Petition for Crossroads Solar Enterprises LLC DATE: July 5, 2023 On July 5, 2023, a petition for tax abatement from Crossroads Solar Enterprises LLC was filed with the Office of the City Clerk. The petition seeks consideration for a personal property tax abatement for property located at 1901 N. Bendix Drive in South Bend. Pursuant to Chapter 2, Article 6, Section 2-84.9 of the Municipal Code of the City of South Bend, the petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to Indiana Code 6 1.1-12.1 and all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. Project Summary Crossroads Solar Enterprises LLC is purchasing equipment for$1 million to create a second production line. This investment will greatly enhance production and will enable Crossroads Solar to hire 15 new full-time employees by the end of 2023. Crossroads Solar's goal is to produce top quality solar panels with people who have made mistakes, creating second chances, and fostering a greener earth one panel at a time. The company's employees are released felons who have served their time and earned the opportunity to reenter the workforce with dignity. Crossroads Solar recently moved production to 1901 N. Bendix Drive after outgrowing their former space located on E. Sample Street. Employment Impact Crossroads Solar will retain the 14 employees currently working at the facility. By the end of 2023, the petitioner expects to hire at least 15 new full-time employees with an estimated total annual payroll of approximately $750,000. Tax Estimates The petitioner qualifies for a five-year (5) personal property tax abatement. Estimated personal property taxes on the new equipment during the five-year (5) abatement period: $80,573 o Estimated taxes being abated during the abatement period: $68,651 o Estimated taxes to be paid during the abatement period: $11,922 Abatement Qualification 1. A review of the tax abatements previously granted finds that the petitioner has not been granted or is associated with a previous abatement. 2. The property is properly zoned for the proposed project. 3. Taxes on the property have been paid in full. 4. A review of the South Bend Redevelopment designation areas finds that the property is in the River West Development Area. 5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a 5-year personal property tax abatement under Division 10 Personal Property Tax Abatement), Section 2-84.2 (Tangible Personal Property Tax Abatement). 2 5-Year Abatement July 5,2023 Crossroads Solar Enterprises LLC South Bend Portage Township Personal Property Tax Abatement Schedule* Estimated Equipment Cost: $ 1,000,000 Asset Pool: Pool#3(9-12 years) Property Address: 1901 N.Bendix Drive Tax Key Number: TBD Year 1 Year 2 Year 3 Year 4 Year 5 Assessed Value(AV) True Tax Value(TTV) 40% 60% 55% 45% 37% New Base(Equipment Cost x TTV)400,000 600,000 550,000 450,000 370,000 Abatement 100% 95% 90% 85% 80% Abatement Deduction 400,000) (570,000) (495,000) (382,500) (296,000) Net Assessed Value 30,000 55,000 67,500 74,000 Property Taxes Assume constant tax rate of 5.2897% Gross Tax(Tax Rate x Net AV) 1,587 2,909 3,571 3,914 Debt Service(0.3997%of Net AV) 120 220 270 296 Local Tax Credit(8.7112%of GT-DS) 128) 234) 288) 315) Circuit Breaker Credit Taxes Due 1,579 $ 2,895 $ 3,553 $ 3,895 Circuit Breaker Cap 3% 3% 3% 3% 3% 12,000 18,000 16,500 13,500 11,100 Year Abatement New Projected Taxes Abated Net Taxes Tax Paid 1 100% $ 13,599 S (13,599) $ 2 95% 20,398 18,819) 1,579 3 90% 18,698 15,803) 2,895 4 85% 15,299 11,746) 3,553 5 80% 12,579 8,684) 3,895 Years 1-5 Total: 80,573 68,651)11,922 Years 6-10 Total: 35.017 35,017 This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2022 Payable 2023. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. z=lisk 4, Department of Community Investment City of South Bend Filed in Clerk's JLQ20? 3Office City of South BendproperInstructions:Complete pages 143 AND the Form S8-1 for ON:44-A.,,oNEs Petition for Incentives the type of abatement(real ATrC g01..TH BEND,IN property or personal property) Petition must include a$250 filing fee payable to the City Clerk's Office for which you are applying. before processing can be complete General Information Project Name I Project Number Legal name as registered with Seoetaryof State Crossroads Solar Enterprises LLC Business structure LLC Company website crossroads-solar.com Proposed Project Information ProPOsed project address 1901 N.Bendix Dr Parent company name Crossroads Solar Enterprises LLC aty,state,zip I South Bend,IN 46628 Lep!menu Crossroads Solar Enterprises LLC, Ste aaeage or acreage required Is the real estate owned or leased? Owned Square feet of facifity If leased,by whom? N/A Primary Contact Information Primary company contact name fide Patrick Regan President Address of company contaa 1901 N. Bendix Dr Phone 607-759-1058 my,Stare,Zip South Bend, IN 46628 Ernie' patrickregan@crossroads-solar.com Senior OffIdal Information Company senior official name Mks See above Address of eompany contact Phone III different from above) City,State,Zlp I Erna Consultant Information/Agent Hired business consultant/agent name N/A Consultant release?(YIN) Address Local economic development partners approval?(YM) City,State,Zip Email Project Overview Brief description of your company,project,and why the We are currently expanding our productive capacity and workforce and property h necessary for have purchased a new (and much larger) assembly line. This expansion economic growth will require doubling our workforce. We have plans for 2025 to add another assembly line to further expand opportunities. Crossroads Solar produces solar panels for the solar industry, we do so with men and women reintegrating from incarceration back into society. We provide jobs and opportunities for these men and women where otherwise they may struggle. Certified Technology Park appropriate N/A Is Me project in a Tan Incremental Finaminl TIF)area?if so,winds? River West Have Building Permits bean Issued?(Y/N) Number of residential units creract by 1Note-Not eligible for abatement if Yesj N pr0eGt N/A if this is a petition for personal property tar abatement,has the equipment been Installed? No Investment Details Public infrastructure needs Nasally$04 funding been What Is the value of any equipment being purchased In What Is the value of any equipment bang Off-site of project in dollars)received? Indiana for the project? purchased from out of state for the project? N/A N/A 0 1,000,000 New Pr9.1gg investments Calendar Year Z022 2023 2024 202S 2026 2027 2028 2029 Land AcpulsitIon Building Lease Payments 80,000.0o $85.00 Building Purchase Costs New Building Construction Existing Building Improvements New Machinery&Equipment Special Tooling/Retooling New Furniture/Flxtures New Computer/li Hardware New Software On•slte Rall infrastructure On-site Fiber infrastructure rTOTAL 0.00 $1.080.00000 $85.00 S i.000.00000 $0.00 $0.00 $0.00 $0.00 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year lobs retained Hourly Cumulative 0 of net NEW lull time Hourly ref SIC wage,w/o Total training Torl 0 to be s waavers5 e, o permanent jobs aea ted at project benefits or bonuses,of expenditure- trained-not e.w/ benefits or cumulative net new lobs not Cumulative bonuses cumulative 2023 14 20 80 15 5 25 00 15 0024 2025 15 0 05 00 15 2026 2027 2028 2023 2030 1031 2032 2033 2034 Provide hourly wage Information for new employees in the following positions. Full time Part time Laborers 18.00 Technical 25.00 1J Managerial 25.00 Administrative 40.00 Who will tie the,ediwdual responsible for coordinating with WorkOrie on recruiting? Does your company have an EEO hiring policy? I Are you an EEO employer? Please list the number of full time and part time minority and/or female I Please describe your commitment to employees for the following years: I diversity and Inclusion by detailing your I 1 outreach and recruitment efforts for the lest vear 2020 2022 202=three years as well as current polities. Full Time Part lime Full Time Part rime Full Time Part Time Black 4 I 1 4 `y Hispanic i 2 i system largeiy shapes nor elligiblerpool of Afian ip;,c.rn::.rvc wnn<a!m«gym Se reef-, ; lot With these parole eysler-r The drversoy ut Indian I r I our labor terse rib zuates n part because our wllIngness to nee froth the reentry program. Female 3 4 i I 1 When our workers-go home"Bom the.Center ellen lose ower,iN Cor a sho,tone ben,. Other Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. complete the table below with theappropriate information. If Qualify Please Yes or No) gained Points Available Points you qualify for the points,please enter the full amount of available points. I 1 conitruStlon_Related Cantractorsl. I A. IEmploy Local Companies(75%) 20 B. (Purchase Materials from Local Companies(75%) 20 C. Require Employees vs.Independent Contractors 19 C. Require Prevailing Wage 22 E. Require Health Benefits 22 F. Require Retirement Benefits 18 G. Maintain Affirmative Action Plan 20 tSub-total Construction Related: 0 131 2 wut X Benefit...91414A IQwntd: A. Pay Target Wage Levels V 33 33 B. Provide Health Benefits Y 34 34 C. Provide Retirement Benefits Y 29 29 D Provide Training Y 28 28 E. Provide Child Care 15 F. Provide Transportation Assistance 14 G. Provide Employer Assisted Housing program 9 Sub-total Wage&Benefit Related: 124 162 3 Workforce Rel@ted: A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 Maintain Affirmative Action Plan Y 35 35 0. Provide Targeted Hiring Preference Y 34 34 Sub-total Workforce Related: 152 152 4 u rt a _unld I Fa ilH Support a SB Municipal Facility(donations to the A. zoo,conservatory,museum,etc) N 0 84 Name of Facility I _(Sub-total Municipal Facility: J 84 Subtotal from Above: 276 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/oorrpersCn3TAroperty tax aba ent consideration and pursuant to I.C.,6-1.1-12.1.1,et seq.,and Soya+Wend MLt ipal Code Sec et seq.,for this petition state the above. Submitted By: (//,. •.46, e Date: 7//)Ci. i For Staff Use Only Below This Line N/A-Personal Property:New Assembly Line What Is tirecurrent assessed value?Real Property: Personal Property. What Is the projected assessed value? Real Property: Personal Property: What is the tar key number for this project? What Is the six digit NAICS code? Please attach a Goode map and street New of the loction. Please list the amount of real and personal property lanes Real Property Taxes: Personal Property Taxes: paid for the last flue years when applicable. Year One 6,123.10 Year Two 4,364.98 Year Three Year Four Year Five Please fill out the following Public Benefit Summary Information and add to total from above. ar N Points Points Public Benefit Item: Protect Related: 5 A. Redevelop a Site that has Special Needs 4a 8. Develop Based on Local University Research 35 C Achieve a Physical Element of a Plan 36 Sub-total Project Related: 120 6 Super Site Projects,jpoint values are cumulative?; A. L00%to 199% 25 B. 200%to 299% 68 C. 300%to 399% 6% D 400%and Over •52 Sub-total Super Site Projects:210 7 Pa1for MunidAal infrastructure: A. loay for Overs.ring or Upgrading 14 B. Pay for 26-50%of Extension Cost 26 C. Pay for 51-75%of Extension Cost 39 0. Pay for 76-100%of Fxtenswn Cost 52 1---ISub.total Infrastructure Related: 131 Total from Applicant Section:276 539 Total from Staff Section: 0 461 Total Public Benefit Points: 276 1000 Filed in Clerk's Office JUL 0 5 2023 DAWN M.JONES CITY CLERK,SOU l H BEND,IN r- — - Filed in Clerk's Office JUL 0 5 2023 z,{; o*r;- STATEMENT OF BENEFITS AWN M.JONES FORM SB-1 I PP PERSONAL PROPERTY CITY CLERK,SOUTH BEND,IN l State Form 51764(R5 i 1-"•1)ti PRIVACY NOTICE Prescribed by the Department of Local Government Finance Any information concerne,q ire cost o'the properly and specific Satan es paid to individual employees oy the property owner is confidential per IC 5-1.1-12 1-5.1 INSTRUCTIONS 1 This statement must be submitted to the body designating the Economic Revitalization Area prior to the oubhc hearrrg,f the designating body requires tntormatiot from the applicant in making its decision about whether to designate an Economic Revitalization Area Otherwise this statement must he submitted to the designating body BEFORE a person,nstalls the new manufacturing equipment and/or research and development equipment,and/or icgis;tical distribution equipment and/or information technology equipment for which'he person wishes to claim a der/uchon 7 the statement of benefits form must he submitted to the-desrgnat sg body and the area des,gnated an economic revrtaioation area before the installation of giidiiiying abatable equipment for which the person riesnes to claim a deduction 3 To octain a deduction,a person must lite a certified deuuct;on schedule with the person's personal property return on a certified deduction schedule Form 103-ERA)with the township assessor o!the township wnere the property is situated or with the county assessor it there is nc township assessor for the township The 103-ERA must be filed between Jar'iary 1 and May 15 of the assessment year in wire»new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment andior information technology equipment is installed and hilly functional unless a tiling extension has been obtained A person who obtains a tiling extension must file the form between January r and the extended due date of that year 4 Property owners whose Statement of Benefit:;was approved,must submit Form CF-1iPP annually to show compliance with the Statement of Benefits IC 6-1 1-12 1-5 6) 5 For a Form S.9-1/PP that is approved atter June 30.2111:l the designating body is required to establish an abatement schedule for each deduction allowed For a Gorr»SR-1/PP that is approved prior to Juts 1 %0*3 the abatement scheNuie approved by the designal ng body remains'n effect -IC 6-1 1-12 I-17) SECTION 1 TAXPAYER INFORMATION Name of taxpayer Name of contact person Crossroads Solar Enterprises LLC F,r,:\,, Patrick terra,, Regan Ac,.,-,s of taeeayer Telephone number C:r,d 1901 N. Bendix Dr South Bend IN 46628 (607)759-1056 SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of desigr a .. ResotuUnn number ts) Common Council of the City of South Bend uocafian 0!property County IDLGF taxing district number Una. ,,.„i Sl roil 1901 N. Bendix Dr South Fiend IN ar ase?$St. Joseph I 026(South Bend-Portage) Description of manufacturing equipment andlor research and development equipment ESTIMATED and/or logistical distribution equipment anrlinr information technology equipment. START DATE GOMP_ETION DATE Use additional sheets of necessai The equipment is a fully automated solar panel assembly Manufacturing Equipment line. It will include a laminator, sun simulator, framing, R&D Equipment soldering unit and numerous conveyors. This equipment will increase our productive capacity by 4X. Logi6t plat Equipment IT Equipment SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Ci.: • /'lump•- Salanes 50G,4OO Number Retained Salaries 582,400 Number Additional Salaries CO'00n SECTION 4 JO ESTIMATED TOTAL COST AND VALUE OF PROPOSEDuiPROJECT J V NOTE:Pursuant to IC 6-1.1-12.1-5.1(d)(2)the MANUFACTURING R&D EQUIPMENT LOGIST DIST IT EQUIPMENT EQUIPMENT EQUIPMENT COST of the property is confidentialGOaT ASSESSED COST l ASSESSED COST ASSESSED coos ASSESSED VAI UE vALuE VALUE AWE Current values 0 Plus estimated values of proposed project 1,000,000 Less values of any property being replaced 0 r Net estimated values upon completion of project $1.000,000 50 ' $0 n o 0 0 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converters ipnw:osl 0 Estimated hazardous waste converted;poun(ts) 0 Omeroer,ents. SECTION 6 TAXPAYER CERTIFICATION I hereby ity that Ih• represenlat II this statement are true, Siq rata, or autho•. p res •live Cate us) torah. lay yew-) liaw.i i 0btlQ J PT ,.a ri. a(o! authontedlepicsef, Title Page t of 2 FOR USE OF THE DESIGNATING BODY We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1-2.5. provides for the following limitations as authorized under IC 6-1.1-12,1-2 A. The designated area has been limited to a period of time not to exceed N/A calendar years'(see below). The date this designation expires is 12/31/2026 NOTE This question addresses whether the resolution contains an expiration date for the designated area B.The type of deduction that is allowed in the designated area is limited to: 1 .Installation of new manufacturing equipment; Yes No Enhanced Abatement per IC 6-1.1-12.1-18 2. Installation of new research and development equipment: Yes NI No Check box if an enhanced abatement was 3. Installation of new logistical distribution equipment. Yes i No approved for one or more of these types, 4. Installation of new information technology equipment: Yes ®N o C.The amount of deduction applicable to new martufacwnng equipment is limited to$ N/A cost with an assessed value of N/A One or both lines may be filled out to establish a limit if desired) D,The amount of deduction applicable to new research and development equipment is limited to 5 N/A cost with an assessed value of N/A One or both lines may be filled out to establish a limit.A desired.) E The amount of dedurtior applicable to new logistical distribution equipment is limited to$ N/A cost with an assessed value of N/A One or both lines may be tilled out to establish a limit,if desired.) F. The amount of deduction applicable to new information technology equipment is limited to$ N/A cost with an assessed value of N/A One or both lines may be filled out to establish a limit.if desired 1 G Other limitations or conditions(specify) N/A H. The deduction for new manufacturing equipment and/or new research and development equipment andior new logistical distribution equipment and/or new information technology equipment installed and first claimed eligible for deduction is allowed for Year 1 Year 2 Year 3 Year 4 Year 5 Enhanced Abatement per IC 6-1.1-12.1-18 Number of years approved. IYear 6 Year 7 I-] Year 8 Year 9 Year 10 Enter to twenty years:may not exceed twenty(20)years 1 I. For a Statement of Benefits approved after Ji ine 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12 1-170 NYes No If yes,attach a copy of the abatement schedule to this form. If no.the designating body is required to establish an abatement schedule before the deduction can be determined. Also we nave reviewed the information container]in the statement of benefits and find that the estimates and expectations are reasonable arid have determined that the totality of benefits is sufficient to justify the deduction described above. Approved by:(signature and title of authorized member of designating body) Telephone number Date signed(month.day year) I ) Printed name of auihonzed member of designating body Name of designating body Common Council of the City of South Bend,IN Attested by:(signature and title of attester) Printed name of attester If the designating body limits the time period during which an area is an economic revitalization area.that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17. IC 6.1.1.12.1.17 Abatement schedules Sec.17. (a)A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's investment 51 real and personal property. 2) The number of new full-time equivalent jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The infrastructure requirements for the taxpayer's investment. b)1 his subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction.Except as provided in IC 6-1.1-12.1-18,an abatement schedule may not exceed ten(10)years. c)An abatement schedule approved for a particular taxpayei before July 1,2013,remains in effect until the abateme t sch e e pares un er the terms of the resolution approving the taxpayer's statement of benefits. Filed In Clerk's Office JUL 0 5 2023 Page 2 of 2 CITY CIDE K SOUTTH BEND,IN Current solar panel construction line located at 1901 N Bendix Dr. 1 ' ''''' ,- ' ' 1 1 9 ' ' ' ' ' -1 ' \i' - 1..„,„ii1 , j 1 r, k• 1L11./1— 1 dIE-.,A i.,„___ 2Zre,_11;7111.1111111 ^, Mal E.AR'n Mi 1 . it,. Diagram for second solar panel assembly line II r - zi Pr-_ I iI IL T. 1 t 111111111 7 I % li I I t+ 1.11 "t. M+ IrSIY11.'4-! 1 I r..11 _ f 1`q iin i v, ,, « - - -seri!IMI. i.: E. —i, L±'' 11II1ill,111„Illtl l I el 11111' r. , . aill 1 P° 0 tC,•. awm.so.. oemw nna A7 G (1_-- w* v . 111 v. I i, 1 ct 4'1111 r j t{ tiII s ImL+.:r7s 111111k1:1=191.—h' i6 illf 1 14A Aerial and Street Views P KKII 0011111,1 Aw a in 1 , A t P M i.,2 fit, ..... i j -, T r q r l :, 1 View Looking West from N Bendix Dr r i11, ;r, ; -I\ < Office JUL 19 7073 DAWN M.JONES CITY CLERK,SOUTH BEND,IN Filed in Clerk's Office JUL 19 2023 MEMORANDUM OF AGREEMENT DAWN M.JONES CITY CLERK,SOUTH BEND,IN PERSONAL PROPERTY TAX ABATEMENT) This Memorandum of Agreement(Agreement)dated as July 13, 2023, serves as confirmation of a commitment by Crossroads Solar Enterprises LLC (the"Applicant"), pending a July 24,2023, public hearing,to comply with the project description,job creation,and retention(and associated wage rates and salaries) figures contained in its petition, Statement of Benefits, and attachments and this Agreement(Commitments). 1. Commitments of City and Applicant. Subject to the adoption of a Declaratory Resolution and a Confirmatory Resolution by the South Bend Common Council(the"SBCC"),the City of South Bend, Indiana, (the "City") commits to provide a five-year (5) personal property tax abatement for the Applicant, based on the Applicant's commitment set forth in its Application. The Applicant commits to the following(the "Commitments"): a) making a capital expenditure of no less than Nine Hundred Forty Thousand dollars 940,000.00) associated with the purchase of manufacturing equipment to produce solar panels at 1901 North Bendix Drive, South Bend,Indiana 46628. b)creating at least fifteen(15)permanent full-time jobs with a total estimated annual payroll of at least Seven Hundred Fifty Thousand dollars($750,000.00); and c) acting in good faith to complete the project as described in its Application. 2. Applicant's Compliance with City and State Laws. During the term of the abatement, the Applicant shall comply with Chapter 2, Article 6, of the South Bend Municipal Code, entitled "Tax Abatement Procedures," and all governing provisions of the Indiana Code. During the term of this abatement,the City may annually request information from the Applicant concerning the nature of the Project, the approved capital expenditure of the Project,the number of full-time permanent positions newly created by the Project, and the average wage rates and salaries(excluding benefits&overtime) associated with the positions, and the Applicant shall provide the City with adequate written evidence thereof within fifteen (15) days of such request (the "Annual Survey"). The City shall utilize this information and the information required to be filed by the Applicant in the CF-1 Compliance with the Statement of Benefits form to verify that the Applicant has at all times complied with the Commitments after the Commitment Date and during the duration of the abatement and for no other purpose. The Applicant further agrees to provide the City with such additional information as requested by the City to determine Applicant's compliance with the Commitments and with local and state requirements within twenty(20)days following any such request.Notwithstanding anything herein to the contrary, the Applicant acknowledges that the City may be required to disclose certain documents provided by the Applicant as required by a court order or applicable law. 3. Substantial Compliance and Rights of Termination. The City, by and through the SBCC, reserves the right to terminate the Economic Revitalization Area designation and associated property tax abatement deductions if it reasonably determines that the Applicant has not made reasonable efforts to substantially comply with all the Commitments, as defined in Section 1 of this Agreement, and the 1 Applicant's failure to substantially comply with the Commitments was not due to factors beyond its reasonable control, as described in Section 4 below. 4. Factors Beyond Control. As used in this Agreement, factors beyond the control of the Applicant shall only include factors not reasonably foreseeable at the time of designation application and submission of Statement of Benefits which are not caused by any act or omission of the Applicant, and which materially and adversely affect the ability of the Applicant to substantially comply with this Agreement. Applicant has the burden to communicate to the City any such factors in which it believes is beyond its control and impacting its ability to fulfill the terms of this Agreement or any tax abatement benefit provided to the City. The City reserves the right to investigate the factors cited by Applicant under this Section 4 to the fullest extent possible and may deny Applicant's request upon the completion of the City's investigation. 5. Repayment of Tax Abatement Savings. If at any time during the term of this Agreement the Applicant shall: (a) be delinquent or in default with respect to any tax payment in St. Joseph County, Indiana;or(b)cease operations at the facility for which the tax abatement was granted;or(c)announce the cessation of operations at such facility, then the City may immediately terminate the Economic Revitalization Area designation and associated tax abatement deductions, and upon such termination, require Applicant to repay all of the tax abatement savings received through the date of such termination. 6. Notice/Hearing of Termination. In the event that the City determines that the Economic Revitalization Area designation and associated tax abatement deductions should be terminated or that all or a portion of the tax abatement savings should be repaid,it will give the Applicant notice of such determination, including a written statement calculating the amount due from the Applicant, and will provide the Applicant with an opportunity to meet with the City's designated representatives to show cause why the abatement should not be terminated and/or the tax savings repaid. Such notice shall state the names of the person with whom the Applicant may meet and will provide that the Applicant shall have thirty (30) days from the date of such notice to arrange such meeting and to provide its evidence concerning why the abatement termination and/or tax savings repayment should not occur. If, after giving such notice and receiving such evidence, if any,the City determines that the abatement termination and/or the tax repayment action is proper, the Applicant shall be provided with written notice and a hearing before the SBCC before any final action shall be taken terminating the abatement and/or requiring repayment of tax benefits. The Applicant shall be entitled to appeal that determination to a St. Joseph County Superior or Circuit Court. 7. Repayment. In the event the City requires repayment of the tax abatement savings as provided hereunder, it shall provide Applicant with a written statement calculating the amount due (the Statement"), and Applicant shall make such repayment to the City within one hundred twenty (120) days of the date of the Statement. If the Applicant does not make timely repayment,the City shall be entitled to al I reasonable costs and attorneys' fees incurred in the enforcement of this Agreement and the collection of the tax abatement savings required to be repaid hereunder. 8. Modification/Entire Agreement. This Agreement and the schedules attached hereto as Exhibit A contain the entire understanding between the City and the Applicant with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, 2 inducements, and conditions, expressed or implied, oral,or written, except as herein contained. This Agreement may not be modified or amended other than by an agreement in writing signed by the City and the Applicant. The Applicant understands that any and all filings required to be made or actions required to be taken to initiate or maintain the abatement are solely the responsibility of the Applicant. 9. Waivers. Neither the failure nor any delay on the part of the City to exercise any right,remedy, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy,power, or privilege preclude any other or further exercise of the same or of any other right,remedy, power,or privilege with respect to any occurrence or be construed as a waiver of such right,remedy,power,or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. 10. Governing Laws of Indiana. This Agreement and all questions relating to its validity, interpretation,performance,and enforcement shall be governed by the laws and decisions of the courts of the State of Indiana. 11. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the jurisdiction of the Courts of the State of Indiana and of the St.Joseph County Circuit or Superior Court in connection with any action or proceeding arising out of or relating to this Agreement or any documents or instrument delivered with respect to any of the obligations hereunder, and any action related to this Agreement shall be brought in such County and in such Court. 12. Notices.All notices,requests,demands,and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been received when delivered by hand or by facsimile(with confirmation by registered or certified mail)or on the third business day following the mailing,by registered or certified mail,postage prepaid,return receipt requested,thereof,addressed as set forth below: If to Applicant: Crossroads Solar Enterprises LLC 1901 N. Bendix Drive South Bend, Indiana 46628 Attn: Patrick Regan,President If to the City:City of South Bend, Indiana 227 W. Jefferson Boulevard, Suite 1400S South Bend, Indiana 46601 Attn: Executive Director of Community investment 13. Assignment and Transfer Prohibited. This Agreement shall be binding upon and inure to the benefit of the City and the Applicant and their successors and assigns,except that no party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party hereto,in which consent shall not be unreasonably withheld. 14. Valid and Binding Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon,and all of which shall together constitute one and the same instrument. By executing this Agreement, each person so executing affirms that he has been duly authorized to execute this Agreement on behalf of such party and that this Agreement constitutes a valid and binding obligation of the party. 15. Severability. The provisions of this Agreement and of each section or other subdivision herein are independent of and separable from each other,and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part unless this Agreement is rendered totally unenforceable thereby. 16. No Personal Liability. No official, director, officer, employee, or agent of the City shall be charged personally by the Applicant, its employees, or its agents with any liabilities or expenses of defense or be held personally liable to the Applicant under any term or provision of this Agreement or because of the execution by such party of this Agreement or because of any default by such party hereunder. Remainder of page intentionally blank.] 4 IN WITNESS WI IEREOF,the parties hereto have executed this Agreement as of the day and year first above written. Applicant" City" Crossroads Solar Enterprises LLC City of South Bend,Indiana By: de.4 L By: Patrick Regan Sharon McBride President President, South Bend Common Council Crossroads Solar Enterprises LLC By: Approved as to Legal Adequacy and Form this Rachel Tomas Morgan day of 2023. Chairperson, Community Investment Committee 1:,?Counsel, South Bend Common Council By: Erik Glavich Department of Community Investment Counsel for Applicant By: James Mueller Mayor 5 EXHIBIT A Abatement Schedule Subject to the adoption by the SBCC of a resolution confirming the adoption of Declaratory Resolution No. 5042-23, the property owner is qualified for and is granted a personal property tax abatement for a period of five(5)years as shown by the schedule outlined below. Year 1 - 100% Year 2- 95% Year 3 - 90% Year 4 - 85% Year 5 - 80% Filed in Clerk's Office AIL 19 71171 DAWN M.JONES CITY CLERK,SOUTH BEND,IN 6 Sharon L. McBride President Sheila Niezgodski Vice-President Canneth Lee Chairperson, Committee of the Whole Canneth Lee First District Heruy 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 L arge Rachel Tomas Morgan At Large Lori K. Hamann At L arge City of South Bend Common Council 441 County-Oty Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 (574)235-9321Fax (574) 235-9173 IDD (574) 235-5567 http://www.southbendin.gov Jul 5, iored in Clerk's Office Chairperson Eli Wax Health and Public Safety Committee South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 JUL O 5 2023 DAWN M. JONES CITY CLERK, SOUTH BEND, IN RE: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDING THE STATUS OF "HOMELESS" TO THE PROTECTED CLASSES OF PERSONS UNDER THE SOUTH BEND HUMAN RIGHTS ORDINANCE, CHAPTER 2, ARTICLE 9, OF THE SOUTH BEND MUNICIPAL CODE AND ESTABLISHING THE DEFINITION FOR "HOMELESS" Dear Chairperson Wax: Discrimination continues to exist in various forms in our community. Some forms of discrimination are intentional and easily recognized. Other forms of discrimination may be unintentional and become recognized only with the benefit of hindsight and after being identified as such. The purpose of the South Bend Human Rights Ordinance is to eliminate all forms of discrimination. The Human Rights Ordinance was amended to prohibit discrimination based on sexual orientation and gender identity on March 27, 2012. With the benefit of hindsight and the hope of foresight, it is now time to add the class of "homeless" as a protected class of persons under the Human Rights Ordinance to protect those who are often forgotten, ignored and vulnerable in our community. This addition to the Human Rights Ordinance will protect another class of persons from discrimination and remind all of the inherent dignity of all persons. The proposed amendment adds the homeless to each section of the ordinance that identifies protected classes. The proposed ordinance also adds a definition of "homeless" and "homelessness" by reference to 24 C.F.R. §§ 91.5, 582.5, and 583.5. BILL NO. 47-23 N I/i• pLTHe-.s City of South Bend0 fid -574 235-9321 I % Fax(574) 235-9173 w 7ti 1DD 574 235-5567 PEACE Common Councilhttp://www.southbendin.govTs.=: 441 County-City Building • 227 W.Jefferson Blvd South Bend,Indiana 46601 1865 I0,, Finally, the proposed amendment replaces "handicap" in section 2-132 with "disability." This appears to be an oversight from a prior version. I am filing this proposed ordinance for first reading on July 10, 2023, and request that it be included on the Health and Public Safety Committee agenda to be followed by second and third readings and public hearing on July 24, 2023. Thank you for your consideration. Sincerely yours, Lori K. Hamann., At-Large Member South Bend Common Council Filed in Clerk's Office JUl 2 Cin'C E K;CirS :U. 5;; 2EBS3END,IN Sharon L. McBride President Sheila Niezgodski Vice-President Canneth Lee Chairperson, Committee of the Whole Canneth Lee First District Henry Davis, Jr. Second District Sharon L. McBride Third District Troy Warner Fourth District Eli Wax Fifth District Sheila Niezgodski Sixth District Karen L. White At Large Rachel Tomas Morgan At 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. 43-23 701 W. SAMPLE STRt-:1-:1 SOUTH BEND, lNDJANA 46601-2890 PHONE 574/235-9311 FAX 574/288-0268 CrrY OF Souru BEND JAMES MUELLER, MAYOR ��92023 I SOUTH BEND POLICE DEPARTMEN'r< Scon A. RuszKowsKT, CHIEF OF PoucF.Dll.WN M. JONES CITY CLERK. SOUTH BEND, IN South Bend Common Council 227 West Jefferson Blvd, Suite 441 S South Bend, Indiana 46601 July 19 th, 2023 Re: A Resolution Approving an lnterlocal Agreement Between the City of South Bend, Indiana and St. Joseph County, Indiana for the Housing and Operation of the Special Victims Unit Honorable Council Members, The South Bend Police Department is requesting the renewal of our lnterlocal Service Agreement with the Saint Joseph County Special Victims Unit (SVU) for housing and maintenance costs at the CASIE Center. This agreement was established in 2012 and has been renewed every five years. Thus far, the collaboration between SBPD, the CASIE Center, and SVU has proven to be an effective model in investigating these sensitive cases as well as providing various resources to the victims all under one roof. All parties, SBPD included, agree that continuation of this collaboration are in the public's best interest. The attached resolution approves the lnterlocal Service Agreement and the appropriation of the Forty Thousand ($40,000.00) in 2023 to go towards housing and maintenance costs of SVU at the CASIE Center. Attached in EXHIBIT 1 is the entire 2023-2028 lnterlocal Service Agreement. In EXHIBIT A you will find a summary of the agreement and the scope of services provided by all involved parties. The lnterlocal Service Agreement is currently being reviewed by the City of South Bend Board of Public Works and the St. Joseph County Council. In addition to approval by the two Boards, the South Bend Police Department is requesting the Common Council's review and approval. This Service Agreement would be retroactive to January l't, 2023 and concludes on December 31'1, 2028. SBPD Legal Counsel, Kylie Connell, was instrumental in working on this lnterlocal Service Agreement and has thoroughly reviewed it as well. Kylie Connell and Aaron Knepper will present this to the Common Council. s ERVICE BRAVERY PRIDE DEDICATIONBILL NO. 23-51 Filed in Clerk's Office JUL 191113 BILLDAWNM•JONES NO.CITY SOUTH BEND, IN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN EXTENSION OF THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND,INDIANA AND ST. JOSEPH COUNTY,INDIANA, FOR THE HOUSING AND OPERATION OF THE SPECIAL VICTIMS UNIT WHEREAS, the City of South Bend, Indiana,through the South Bend Police Department SBPD")has a history of cooperating with the St. Joseph County Prosecutor in the investigation and prosecution of crime within the City of South Bend; and WHEREAS, St.Joseph County, Indiana, has created the Special Victims Unit("SVU") that conducts criminal investigations of child abuse and sex crimes deemed to have high impact upon the safety and welfare of citizens of St. Joseph County, Indiana, and which further provides services to victims of certain crimes; and WHEREAS, the SVU presently combines the expertise of highly skilled and trained law enforcement officers from the St. Joseph County Police Department, the SBPD, and the Mishawaka Police Department, as well as the technical and support services of Indiana University South Bend and the Notre Dame Security Police Department, to among other things investigate, provide services to victims, gather and report data, and share information with the SBPD concerning crimes involving child abuse and sex crimes and other connected crimes in St.Joseph County; and WHEREAS,the SVU is housed and operated out of the CASIE Center at 533 N Niles Ave, South Bend, IN; and WHEREAS, Indiana Code 36-1-7,the Interlocal Cooperation Act,authorizes one or more governmental entities to exercise,jointly or by one entity on behalf of others, powers that may be exercised by such units severally; and WHEREAS, the Indiana City of South Bend, along with the County of St. Joseph share a combined interest in extending the existing Interlocal Agreement so that by working cooperatively, they may efficiently and effectively provide for the housing and operation of the SVU at the CASTE Center in St. Joseph County. WHEREAS,pursuant to IC 36-1-7, the City will cooperatively assist the SVU operation by providing funds to pay for the cost and expenses of housing and operation of the SVU,for an annual total of$40,000; and WHEREAS, The City of South Bend and St. Joseph County, Indiana, have proposed an extension of the Interlocal Agreement,a copy of which is attached hereto and incorporated herein as Exhibit 1, containing all the governing provisions for South Bend's participation in the funding of the housing and operation of the SVU; and WHEREAS, sufficient funds exist within the City's 2023 Budget to cover the City's costs of participation in the housing and operation of the SVU during calendar year 2023. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: Section I. The Common Council of the City of South Bend, Indiana, has considered and hereby ratifies, confirms, and approves the extension of the Interlocal Agreement attached as Exhibit 1 to this Resolution, governing the City of South Bend Police Department to provide funding for the housing and operation of the SVU at the CASTE Center in St. Joseph County, Indiana. Section II. The Board of Public Works was authorized to execute the extension of the Interlocal Agreement attached hereto as Exhibit 1. Section III. This Resolution shall be in full force and effect retroactively as of July 1, 2023 from and after its adoption by the Common Council and approval by the Board of Public Works. Sharon McBride, Common Council President Attest: Dawn M. Jones, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2023 at o'clock_ . m. Dawn M.Jones, City Clerk Approved and signed by me on the day of 2023 at o'clock .m. r Filed in Clerk's Office James Mueller, Mayor, City of South Be31In1iyr 2 j TAWN M,JONES CITY CLERK,SOUTH BEND, IN Filed in Clerk's Office JUL 1 9:C19 AGREEMENT TO EXTEND THE TERM OF THE LOCAL GOVERNM$NT SERVICE EXCHANGE AGREEMENT BETWEEN THE CITY O ( 1L T BEND,IN AND ST.JOSEPH COUNTY FOR OPERATION OF THE SPECIAL I.. I THIS AGREEMENT is made effective the ,day of 2023,by and between the City of South Bend, Indiana ("City") acting by and through its Board of Public Works and St.Joseph County, Indiana ("County"). WHEREAS, City and County exist and operate as political subdivisions of the State of Indiana as defined by Ind. Code 36-1-2-13 and are authorized to enter into a Service Purchase and Agreement pursuant to Ind. Code 36-1-7-2(b)and 36-1-7-12; and WHEREAS, the St. Joseph County Prosecutor's Office ("Prosecutor") exists and operates under the authority of lnd.Code 33-14-1-1 et seq.;and WHEREAS, the Prosecutor has established a Special Victims Unit ("SVU") consisting of deputy prosecuting attorneys, police officers, investigators, victim advocates, and administrative support staff for the purposes of investigating and prosecuting sex crimes and child abuse;and WHEREAS, on October 18, 2012, City and County did enter into a Local Government Service Exchange Agreement to provide for the housing. and operation of the SVU,the terms of which the parties have fully complied with, and which Agreement expired on December 13, 2017; this agreement was renewed December 12, 2017 and expired on December 31,2022 WHEREAS, City and County agree that said Local Government Service Exchange Agreement has been and is in the public's best interests and they mutually desire to continue said Agreement for an additional term of five (5)years. NOW THEREFORE, in consideration of the mutual promises and obligations in the Local Government Service Exchange Agreement, the adequacy of which is hereby acknowledged, the Parties do agree as follows: 1. PURPOSE. City and County agree that it is necessary and in the public's best interest to continue to provide for the housing and operation of the SVU within the City of South Bend, Indiana. City and County are each willing to provide certain funds toward the scope of services as described in Exhibit A attached hereto commencing in 2023 and for each year thereafter through and including December 21,2028. For purposes of this Agreement, the term "Project" shall mean the housing, operation, and management of the SVU through the Prosecutor. The 1 Exhibit 1 project shall include investigation and prosecution of sex crimes and child abuse. II. TERMS AND CONDITIONS. This extension incorporates by reference all the terms, obligations, duties, and rights contained in Paragraphs III and V through XII inclusive, of the Local Government Exchange Agreement of October 18, 2012, as if fully set forth herein, and the Parties agree to fulfill their obligations and perform as contained therein. This Agreement is contingent on the continuation of the "St. Joseph County Special Victims Unit Interlocal Agreement" by both City Council and County Council. If the St. Joseph County Special Victims Unit Interlocal Agreement" is terminated, then this agreement will automatically terminate and all Parties shall be relieved of their duties to perform as outlined in this Agreement. HI. ADMINISTRATION Section 3.01 Joint Board. In addition to the terms in Paragraph Ill of the Local Government Exchange Agreement of October 18,2012,pursuant to Section 3(ax5)(B)ofthe Act,the parties agree that this Agreement shall be administered through a joint board consisting of two (2)members (the "Joint Board")who shall be the Prosecutor of St.Joseph County,Indiana and the Chief of Police of South Bend, Indiana. Section 3.02 Meetings.The Joint Board shall meet yearly on the first Wednesday of November at the SVU at 10:00 a.m.,or as otherwise mutually agreed. IV. DUTIES. Section 4.01 . County Responsibilities. County hereby agrees to: A. Pursuant to this Agreement and in accordance with the laws of the State of Indiana, County shall enter into contracts for the housing and operation of the SVU. B. County shall enter into contracts and make purchases is deems reasonably necessary to complete the Project. County shall supervise and administer all contracts concerning the Project. C. County shall administer all funds concerning the Project through the St.Joseph County Auditor. D. County shall pay the sum of $45,000.00 toward the Project commencing January 1, 2023 and $45,000.00 every year thereafter over the term of this Agreement with said money to be used in 2 accordance with this Agreement. Section 4.02. City Responsibilities.City shall pay the sum of$40A00.00 toward the Project commencing January 1, 2023 and $40,000.00 every year thereafter over the term of this Agreement to the Auditor of St.Joseph County, Indiana, with said money to be used in accordance with this Agreement. V. DURATION. This Agreement shall expire on December 31,2028. Funding is subject to the annual appropriation of the fiscal bodies of City and County. Any money that is outstanding at the end of the term shall be distributed on a pro rata basis to the parties based upon the ratio set forth in Section III for the years 2024 and beyond as adopted herein. This Agreement may be extended my mutual agreement upon expiration of the contract term. SIGNATURE PAGE ATTACHED} 3 IN WITNESS WHEREOF, the Parties hereto, through their duly authorized representatives, have caused this Agreement to be effective as of July 1, 2023. The Parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures,hereby agree to its terms. ST.JOSEPH COUNTY, INDIANA CITY OF SOUTH BEND Acting by and through its BOARD OF PUBLIC WORKS Carl Baxmeyer, President of t he Elizabeth Maradik,President of Board of Commissioners the Board of Public Works Derek Dieter,Member of the Board Joseph Molnar,Member of the Board of Public of Commissioners Works Deborah Fleming,Member of the Gary Gilot,Member of the Board Board of Commissioners of Public Works Jordan Gathers,Member of the Board of Public Works Murray Miller,Member of the Board of Public Works AI]EST: John Murphy, St.Joseph County Auditor Theresa Heffner,Clerk of the Board of Public Works Date: 2023 Date: 2023 Filed in Clerk's Office JUL 19 2023 4 AWN M.JONES CITY CLERK,SOUTH BEND,IN EXHIBIT A to Local Government Service Exchange Agreement Pursuant to the St. Joseph County Special Victims Unit Interlocal Agreement, the Special Victims Unit investigates and prosecutes all criminal offenses involving child abuse criminal offenses, and sexual assault criminal offenses that occur within the Cities of South Bend and Mishawaka and unincorporated St. Joseph County. It also investigates these cases for other jurisdictions as requested. The Special Victims Unit is a cooperative co-location of the resources of the Prosecuting Attorney of St. Joseph County, the Sheriff of St. Joseph County, the South Bend Police Department, and the Mishawaka Police Department. The objective of the unit is to provide professional, compassionate, and competent assistance to victims and their families by having investigators, prosecutors, and advocates who are trained and dedicated to working with these types of cases. The child abuse cases investigated by the Special Victims Unit will be handled in a team concept with principal partners being law enforcement, Department of Child Service, CASIE Center, and deputy prosecuting attorneys. To accomplish its objective of the Special Victims Unit, the South Bend Police Department, the St. Joseph County Police Department, and the Mishawaka Police Department provide sworn police officers. During this period of assignment, all sworn officers are under the direct supervision and control of the Commander of Special Victims Unit. Specialty training is provided to officers and Prosecutor staff in the unit to enhance their job skills and further develop their expertise. The costs of the officer's training is shared by the officer's department and the office of the Prosecuting Attorney. The St.Joseph County Prosecutor provides the command structure for the unit which shall consist of the positions of Commander and Assistant Commander. The Commander and Assistant Commander will be responsible to and report to the Prosecutor, the Sheriff of St. Joseph County, Chief of Police of South Bend, and the Chief of Police of Mishawaka. The St. Joseph County Prosecutor also provides the appropriate number of deputy prosecuting attorn- . - : . ... staff within the unit. Filed in lerk's Office JUL 191623 t.)AWN M.JONES CITU CLERK,SOUTH BEND,IN 1200 COU:--JTY-CITY BUii.Di NC 227 W. _)1·'.1 -'1-'l•:RSON BOL:U,\',\RD SOU'l'I I B1-:ND, INDI.\N.\ -l-6601-1830 CITY ()J! SOUTI I B1-: ll) DEPARTMENT OF LAW S.\NDR,\ K.1•:1 Nl o:t)Y CORl'OR,\TION COUNSl-:1. South Bend Common Council 227 West Jefferson Blvd, Suite 441 S South Bend, Indiana 46601 July 19, 2023 Pl IONI·: 57-t/235-92-l-l F.\X 57-l-/235-7670 1TY 57-t/235-5567 ile in Cler ' I JUL 19 2023 Re: A Resolution Approving an lnterlocal Agreement Between the City of South Bend, Indiana, The City of Mishawaka, Indiana and the Board of Commissioners of St. Joseph County, Indiana for the Mutual Investigation of Officer-Involved Shooting in St. Joseph County Honorable Council Members, The South Bend Police Department is requesting the approval of our lnterlocal Agreement with Mishawaka and St. Joseph County for the cooperative investigation of officer involved shootings or deaths as a result of alleged other actions(s) of an officer in St. Joseph County. PD has a long history of cooperating with the Mishawaka Police Department and the St. Joseph County Police Department. The dissolution of the St. Joseph County Metro Homicide Unit necessitated the establishment of the practice and procedure for a thorough, fair, and impartial investigation of incidents in which a person is injured or dies as the result of an officer involved shooting or dies as a result of alleged other action(s) of an officer. All parties, SBPD included, agree that continuation of this collaboration is in the public's best interest. The attached resolution approves the lnterlocal Agreement attached as Exhibit A and hereby incorporating Exhibit 1 the related Memorandum of Understanding. There is no exchange of funds related to this lnterlocal Agreement. The lnterlocal Agreement is currently being reviewed by the City of Mishawak and the St. Joseph Board of Commissioners. In addition to approval by the two Boards, the South Bend Police Department is requesting the Common Council's review and approval. This Service Agreement would be retroactive to January 1 st, 2023 and continues until terminated by any party. JENNA THROW THOMAS E. PI\NO\VICZ 10\.TI-IRYN HOUGH MICHAEL SCI-uv:UDT ADAM TAYLOR KYLIE CONNELL DA...NIELLE WEISS BILL NO. 23-52 I, Kylie Connell, SBPD Legal Counsel have thoroughly reviewed it as well. I will present this to the Common Council. Thank you for your consideration. Sincerely, r#e 616>ruter Kylie Connell Assistant City Attorney KCc Filed in Clerk's Office Jul 1 , 2023 D WN M.JONES CITY CLERK,SOUTH BEND,IN Filed in Clerk's Office BILL NO. 23-52 1 91111 RESOLUTION NO. 5049-23 AWN M.JONES CITY CLERK,SOUTH BEND,IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA, THE CITY OF MISHAWAKA, INDIANA AND THE BOARD OF COMMISSIONERS OF ST.JOSEPH COUNTY, INDIANA, FOR THE MUTUAL INVESTIGATION OF OFFICER-INVOLVED SHOOTINGS IN ST. JOSEPH COUNTY WHEREAS, the City of South Bend, Indiana, through the South Bend Police Department SBPD")has a history of cooperating.with the City of Mishawaka and St. Joseph County in the investigation of officer-involved shootings or deaths in St. Joseph County; and WHEREAS, the City of South Bend, the City of Mishawaka, and St. Joseph County have established practices and procedures for the investigation of an incident in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of alleged other action(s) of an officer; and WHEREAS, Indiana Code 36-1-7,the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise,jointly or by one entity on behalf of others,powers that may be exercised by such units severally; and WHEREAS, the Indiana Cities of South Bend and Mishawaka, along with the County of St. Joseph share a combined interest in entering into an Interlocal Agreement so that by working cooperatively,they may thoroughly,fairly,and impartially investigate incidents of officer-involved shootings or deaths as a result of alleged other action(s) of an officer in St. Joseph County; and WHEREAS, pursuant to IC 36-1-7, the City will cooperatively assist the City of Mishawaka and St. Joseph County by investigating incidents of officer-involved shootings or deaths as a result of alleged other action(s) of an officer of the Mishawaka Police Department or the St. Joseph County Police Department; and WHEREAS, The City of South Bend, the City of Mishawaka, and St. Joseph County, Indiana, have entered into an Interlocal Agreement, a copy of which is attached hereto and incorporated herein as Exhibit A, containing all the governing provisions for South Bend's participation in the cooperative investigation service. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: Section I. The Common Council of the City of South Bend, Indiana,has considered and hereby ratifies, confirms, and approves the Interlocal Agreement attached as Exhibit A to this Resolution, governing the City of South Bend Police Department's participation in the investigation of officer-involved shootings and deaths as a result of alleged other action(s) of an officer in St. Joseph County, Indiana. Section II. The Common Council President, Mayor, and City Clerk are authorized to execute the Interlocal Agreement in form and substance the same as or substantially similar to that of the Agreement attached hereto as Exhibit A. Section III. This Resolution shall be in full force and effect retroactively as of January 1, 2023 from and after its adoption by the Common Council and approval by the Mayor. Sharon McBride, Common Council President Attest: Dawn M. Jones, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2023 at o'clock_ . m. Dawn M. Jones, City Clerk Approved and signed by me on the day of 2023 at o'clock .m. James Mueller, Mayor, Cit ou notRe• in dr s ice JUL 19 1023 DAWN M.JONES CITY CLERK, SOUTH BEND,IN Filed in Clerk's Office JUL 192123 1 DAWN M. JONES ST. JOSEPH COUNTY OFFICER-INVOLVED SHOOTING INVE' 6"a .11' , SOUTH BEND, IN INTERLOCAL AGREEMENT This St. Joseph County Officer-Involved Shooting Investigations Interlocal Agreement this "Agreement") is entered into on 2023 by and between the Board of Commissioners of St. Joseph County, Indiana (the"County"), the City of South Bend, Indiana South Bend"),and the City of Mishawaka,Indiana("Mishawaka")(collectively,the"parties") as it relates to the South Bend Police Department's (the "SBPD"), the Mishawaka Police Department's (the "MPD"), and the St. Joseph County Police Department's (the "SJCPD") investigation of incidents in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of alleged other action(s) of an officer. RECITALS A. The SBPD is a public safety and law enforcement unit supervised by the Chief of Police (the "SBPD Chief") and operating within South Bend in St. Joseph County, Indiana, in accordance with its legal authority and jurisdiction; and B. The MPD is a public safety and law enforcement unit supervised by the Chief of Police(the "MPD Chief) and operating within Mishawaka in St. Joseph County, Indiana in accordance with its legal authority and jurisdiction; and C. The SJCPD is a public safety and law enforcement unit supervised by the Sheriff(the"Sheriff) and operating within St. Joseph County, Indiana in accordance with its legal authority and jurisdiction;and E. The parties desire to continue past and ongoing efforts to cooperate and coordinate their functions and expertise and agree that the terms, conditions, and operations provided for in this Agreement will be in the best interest of their respective communities; and F. The parties are governmental entities and political subdivisions organized and existing pursuant to the laws of the State of Indiana; and G. Indiana Code 36-1-7,the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise,jointly or by one entity on behalf of others, powers that may be exercised by such units severally; and H. The parties agree that it is desirable, advantageous, and in the public interest to enter into an Agreement for joint and cooperative action as embodied herein. NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, and pursuant to the authority granted the parties under Ind. Code 36-1-7, the parties agree as follows: Exhibit A Article I. Statutory Authority; MOU Incorporated Section 1.01 Authority. The parties make this Agreement under the authority and subject to the terms and provisions of the Interlocal Cooperation Act, Ind. Code 36-1-7 (the Act"). The parties agree that, upon its full approval by South Bend, Mishawaka, and the County (and their respective fiscal bodies,),this Agreement will satisfy each requirement of Section 4(a)of the Act,exempting it from the necessity of approval by the Indiana Attorney General. Section 1.02 MOU Incorporated. The parties agree to the terms and understandings set forth in the Memorandum of Understanding between SBPD, MPD, and SJCPD attached hereto as Exhibit 1. The MOU includes the purpose, duration, termination, staffing/supplying, and administration of this Agreement. Section 1.03 Budget. Each agency is responsible for their own cost of involvement. 1.C. 36-1-7-7 applies to each agency. In the event that any money is received or disbursed, the St. Joseph County Treasurer is delegated the duty to account for all monies. Article IL General Provisions Section 11.01.No Third-Party Beneficiaries. The parties expressly disclaim the existence of any third-party beneficiaries of this Agreement. Nothing in this Agreement, express or implied, is intended or will be construed to confer upon any person or entity, other than the parties hereto and their respective successors or assigns, any remedy or claim under or by reason of this Agreement or any term, covenant, or condition hereof, as third- party beneficiaries or otherwise, and all of the terms, covenants, and conditions hereof will be for the sole and exclusive benefit of the Parties. Section 11.02. Relationship. Nothing in this Agreement will be construed to create an agency or joint-venture relationship between South Bend, Mishawaka, and the County, and no employee of the County, will be deemed an employee of South Bend or Mishawaka. Section 11.03. Indemnification. The Parties agrees to defend, indemnify, and hold harmless each Party (and their officers and employees) from and against any and all claims of any nature which arise from the performance by the Parties under this Agreement and from all costs and attorney fees in connection therewith, except for claims arising out of the negligence of the Parties(or their officers or employees). The obligations of the Parties under this Section 11.03 will survive the expiration or termination of this Agreement. Section 11.04.Assignment. No party may assign this Agreement or any of its rights, interests, obligations, or duties hereunder, whether by operation of law or otherwise, without the express written consent of the other parties. Section 11.05.No Waiver. The failure or delay of any party to enforce at any time any provision of this Agreement shall not be construed as a waiver of such provision, nor in any way to affect the validity of this Agreement or any part hereof or the right of such party thereafter to enforce each and every such provision.No waiver of any such right will have effect unless given in writing signed by the party waiving such right.No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach.No waiver of any right will be deemed a waiver of any other right hereunder. Section 11.06. Severability. Should any part of this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or against public policy, said offending section shall be void and of no effect, and shall not render any other section herein, nor this Agreement as a whole, invalid. Those rights, interests, obligations, and duties hereunder, which by their nature should survive, shall remain in effect after termination, suspension, or expiration hereof. Section 11.07. Non-Discrimination. Pursuant to Ind. Code § 22-9-1-10, neither the parties, nor any of their contractors or subcontractors shall discriminate against any employee or applicant for employment, to be employed in the performance of any work under this Agreement with respect to hire, tenure,terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion, sex, disability, national origin, or ancestry. Breach of this covenant may be regarded as a material breach of this Agreement. Section 11.08. Counterparts. This Agreement may be executed in counterparts, each of which when executed shall be deemed to be an original, and such counterparts,together, shall constitute but one and the same Agreement. Section 11.09. Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of Indiana, and any dispute relating to the subject of or arising out of this Agreement shall be subject to the sole and exclusive jurisdiction of the Circuit and Superior Courts of St. Joseph County, Indiana. Section 11.10. Further Assurances. The parties agree that they will each undertake in good faith, as permitted by law, any action and execute and deliver any document reasonably required to carry out the intents and purposes of this Agreement. Section 11.11. Exhibits. All Exhibits described herein and attached hereto are incorporated into the Agreement by reference. (Exhibit 1) Section 11.12. Entire Agreement. This Agreement, as it may be amended from time to time, encompasses the entire agreement of the parties concerning its subject matter, and no understanding, discussion, negotiation, or agreement will be binding on the parties unless it is set forth herein. Signature page follows.] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written. ST. JOSEPH COUNTY, CITY OF SOUTH BEND, CITY OF MISHAWAKA, INDIANA INDIANA INDIANA Carl Baxmeyer, James Mueller, Mayor Dave Wood, Mayor President of the Board of Commissioners ATTEST: ATTEST: Deborah Fleming, D.M.D., Dawn Jones, South Bend Deborah Block, Mishawaka Vice President of the Board City Clerk City Clerk of Commissioners Derek Dieter, Member of the Board of Commissioners ATTEST: John Murphy, St. Joseph County Auditor APPROVED pursuant to APPROVED pursuant to APPROVED pursuant to St. Joseph County Council. South Bend Common Mishawaka Common Resolution Council Resolution Council Resolution No.:No.:No.: Randall L. Figg,President of Sharon McBride, President Gregg Hixenbaugh, St. Joseph County Common of the South Bend Common President of Mishawaka Council Council Common Council MEMORANDUM OF UNDERSTANDING BETWEEN THE MISHAWAKA POLICE DEPARTMENT, THE ST.JOSEPH COUNTY POLICE DEPARTMENT, AND THE SOUTH BEND POLICE DEPARTMENT This Memorandum of Understanding(MOU) sets forth the terms and understanding between the Parties: Mishawaka Police Department(MPD),the St. Joseph County Police Department SJCPD), and the South Bend Police Department (SBPD), to establish practice and procedures for the investigation of an incident in which a person is injured or dies as the result of an officer- involved shooting or dies as a result of alleged other action(s)of an officer. I.BACKGROUND As of December 31, 2021,the St. Joseph County Metro Homicide Unit(MHU)dissolved. Previously officer-involved shootings or deaths as the result of alleged other action(s)of an officer were investigated by MHU. The dissolution of MHU necessitates the establishment of practice and procedure for a thorough, fair,and impartial investigation of incidents in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of alleged other action(s)of an officer. II. DURATION The Parties enter into this MOU voluntarily. This MOU may be modified in writing by mutual consent of authorized officials from MPD, SJCPD, and SBPD. This MOU shall be effective as of January 1, 2023 and upon signature by the Chief of MPD,the Sheriff of SJCPD, and the Chief of SBPD, and will continue until terminated in writing by any party with 30 days of notice. Upon 30 days' notice, any work on outstanding investigation(s)will continue until completed by the investigating agency. III. PURPOSE AND SCOPE The purpose of this MOU is to establish practice and procedures for the investigation of an incident in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of alleged other action(s)of an officer. This does not include jail deaths or incidents. In other incidents not covered by this MOU, the Chief(s) of Police or Sheriff of the involved department may decide that the investigation will follow the process provided in this MOU. Each Department shall operate accordingly within their respective policies. IV. PROCESS The policy of each Department is to ensure that officer-involved shootings and deaths are investigated in a thorough, fair, and impartial manner. 1. TYPES OF INVESTIGATIONS-Officer-involved shootings and deaths involve several separate investigations. The investigations may include: a. A criminal investigation of the suspect's actions. b. A criminal investigation of the involved officer's actions. c. An administrative investigation as to policy compliance by involved officers. d. A civil investigation to determine potential liability. Page 1 of 7 Exhibit 1 2. CONTROL OF INVESTIGATIONS-The control of the investigation, as determined by the type of investigation, is as follows: a. CRIMINAL INVESTIGATIONS-The control of the criminal investigation into the involved officer's conduct during the incident will be determined by the employing agency's protocol and through this MOU. i. Investigators from surrounding agencies will be assigned to work on the criminal investigation of officer-involved shootings and deaths. One uninvolved agency shall be the lead investigating agency and will provide a lead investigator and lead evidence technician. The lead agency shall be responsible for collection and proper chain of custody of all evidence. The assigned investigators will be referred to herein as the joint criminal investigation team. This may(based on agency personnel issues) include at least one investigator from the agency that employs the involved officer, however all measures should be taken to ensure this does not occur. NOTE: if a SBPD officer is involved,then the joint criminal investigation team would consist of SJCPD and MPD;SJCPD involved then MPD and SBPD would investigate; if MPD involved, then SJCPD and SBPD would investigate. ii. The criminal investigation will be handled according to the Criminal Investigation section of this MOU. b. ADMINISTRATIVE AND CIVIL INVESTIGATION-Regardless of where the incident occurs,the administrative and civil investigation of each involved officer is controlled by the respective employing agency. 3. INVESTIGATION PROCESS-The following are the standard procedures used in the investigation of an officer-involved shooting or death: a. UNINVOLVED OFFICER RESPONSIBILITIES-Upon arrival at the scene of an officer-involved shooting or death, the first uninvolved officer will be the officer-in-charge and will assume the responsibilities of a supervisor until properly relieved by the lead agency. This officer should,as appropriate: i. Secure the scene and identify and eliminate hazards for all those involved. ii. Check for injured persons and evacuate as needed. iii. Take reasonable steps to obtain emergency medical attention for injured individuals. iv. Request additional resources from their department or other agencies. v. Coordinate a perimeter or pursuit of suspects. vi. Brief the lead agency upon arrival. b. DEPARTMENT/SUPERVISOR RESPONSIBILITIES-Upon arrival at the scene, the first uninvolved supervisor should ensure completion of the duties as outlined above,plus: i. Attempt to obtain a brief overview of the situation from any uninvolved officers. 1. If there are no uninvolved officers who can supply adequate overview, the supervisor should attempt to obtain a brief voluntary overview from one involved officer. Page 2 of 7 ii. If necessary, the involved-agency supervisor may administratively order any involved-agency officer(s)to immediately provide public safety information necessary to secure the scene, identify injured parties,and pursue suspects. 1. Public safety information shall be limited to such things as outstanding suspect information,number and direction of any shots fired,perimeter of the incident scene, identity of known or potential witnesses, and any other pertinent information. 2. The initial on-scene supervisor should not attempt to order any involved officer to provide any information other than public safety information. iii. Provide all available information to the respective-agency Shift Supervisor and Communication Center. If feasible, sensitive information should be communicated over secure networks. iv. Take command of and secure the incident scene with additional members until properly relieved. v. As soon as practicable, ensure that involved officers are transported separately,if feasible)to a suitable location for further direction. vi. Each involved officer should be given an administrative order not to discuss the incident with other involved officers or department members pending further direction from their supervisor. vii. Witness Identification and Interviews-Because potential witnesses to an officer-involved shooting or death may become unavailable or the integrity of their statements compromised with the passage of time, a supervisor should take reasonable steps to promptly coordinate with joint criminal investigation team to utilize available law enforcement personnel for the following: 1. Identification of all persons present at the scene and in the immediate area. 2. Witnesses who are willing to provide a formal interview should be asked to meet or be transported to where investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by any officer(except those who are directly involved). c. DEPARTMENT/SHIFT SUPERVISOR RESPONSIBILITIES-Upon learning of an officer-involved shooting or death,the Department Shift Supervisor shall be responsible for coordinating all aspects of the incident until they are relieved by lead agency. d. INQUIRIES OF INCIDENT-All outside inquiries about the incident shall be directed to the commander or authorized designee of the assigned joint criminal investigation team. 4. NOTIFICATIONS-The following persons shall be notified as soon as practicable: Chief of Police/Sheriff• Division Chief(s) • Office of Professional Standards/Internal Affairs (IA) • Critical Incident Stress Management(CISM)Team Chaplain• Coroner(if necessary) • Involved officer's agency representative(if requested) • Public Information Officer• St. Joseph County Prosecutor's Office Page 3 of 7 City/County legal 5. AUDIO AND VIDEO RECORDINGS-Any officer involved in a shooting or death shall be permitted to review available Mobile Audio/Video (MAV),body-worn video B WC), CAD entries or other video or audio recordings prior to providing a recorded statement or completing reports. I.C. § 36-8-2.1.5 Any MAV,body-worn video, CAD entries and other known video or audio recordings of an incident should not be publicly released during an ongoing investigation without consulting the City or County Attorney's Office,as appropriate. Any MAV,body-worn video, CAD entries and other known video or audio recordings of an incident shall be retained until otherwise authorized by the City or County Attorney's Office. 6. INVOLVED OFFICERS-The following shall be considered for the involved officer: a. Any request for legal representation will be accommodated. i. Any involved officer will be afforded the opportunity to consult individually with a representative of their choosing or an attorney prior to providing a formal interview or report. ii. Involved officers shall not be permitted to meet collectively or in a group with an attorney or any representative prior to providing a formal interview or report. b. Discussions with licensed attorneys will be considered privileged as attorney- client communications (I.C. § 34-46-3-1). c. Discussions with agency representatives will be privileged only as to the discussion of non-criminal information. d. A licensed psychotherapist should be provided by the respective department to each involved officer. A licensed psychotherapist may also be provided to any other affected members, upon request. i. Interviews with a licensed psychotherapist will be considered privileged I.C. § 34-46-3-1). ii. An interview or session with a licensed psychotherapist may take place prior to the member providing a formal interview or report. However, involved members shall not be permitted to consult or meet collectively or in a group with a licensed psychotherapist prior to providing a formal interview or report. iii. A separate fitness-for-duty exam may also be required. e. Communications with critical incident stress management services providers and peer support team members are generally confidential and may not be disclosed to a third party or in a criminal, civil,or administrative proceeding without a court order or as authorized by I.C. § 36-8-2.5-2. f. Care should be taken to preserve the integrity of any physical evidence present on the involved officer's equipment or clothing, such as blood or fingerprints, until investigators or lab personnel can properly retrieve it. g. Each involved officer should be given reasonable administrative leave following an officer-involved shooting or death. Page 4 of 7 7. CRIMINAL INVESTIGATION-The lead agency is responsible for oversight of the criminal investigation as to the circumstances of any officer-involved shooting involving injury or death,or death as a result of alleged other action(s)of an officer. Any involved department administrative or civil investigation shall not interfere with or supersede the criminal investigation. Once public safety issues have been addressed,the joint criminal investigation team should be given the opportunity to obtain a voluntary statement from involved officers and to complete their interviews. The involved member shall be given the opportunity to make a statement at that time or later,but in any event,within 72 hours barring extenuating circumstances. Before giving any statement, an involved member shall be given the opportunity to review their MVR(mobile video recorder)and CAD entries. The following shall be considered for the involved officer: a. Supervisors and Office of Professional Standards/IA personnel should not participate directly in any voluntary interview of officers. This will not prohibit such personnel from monitoring interviews or indirectly providing topics for inquiry. b. If requested, any involved officer will be afforded the opportunity to consult individually with a representative of their choosing or an attorney prior to speaking with investigators. However,to maintain the integrity of each involved officer's individual statement, involved officers shall not consult or meet with a representative or attorney collectively or in a group prior to being interviewed. c. If any involved officer is physically,emotionally, or otherwise not in a position to provide a voluntary statement when interviewed by investigators,the 72-hour guide/rule applies(NOTE: barring extenuating circumstances). d. Any voluntary statement provided by an involved officer will be made available for inclusion in any related investigation, including an administrative investigation. However, no administratively obtained statement will be provided to any investigator(s)unless the officer consents(Garrity Rule). 8. REPORTS BY INVOLVED OFFICERS-If suspect(s)remain outstanding or subject to prosecution for related offenses, each department shall retain the authority to require involved officers to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals. Since the purpose of these reports will be to facilitate criminal prosecution, statements of involved officers should focus on evidence to establish the elements of criminal activities. Nothing in this section shall be construed to deprive an involved officer of the right to consult with legal counsel prior to completing any such criminal report. Reports related to the prosecution of criminal suspects will be processed according to normal departmental procedures but should also be included for reference in the investigation of the officer-involved shooting or death. Page 5 of 7 9. ADMINISTRATIVE INVESTIGATION-In addition to all other investigations associated with an officer-involved shooting, each department shall conduct an internal administrative investigation of involved officers to determine conformance with department policy. This investigation shall be conducted under the supervision of the respective Office of Professional Standards/IA. Interviews and interrogations of members shall be subject to department policies, contract(s)or working agreements, and applicable laws. 10. CIVIL LIABILITY RESPONSE-A member of the involved department may be assigned to work exclusively with the legal counsel for the involved department to assist in the preparation of materials deemed necessary in anticipation of potential civil litigation. All materials generated in this capacity shall be considered attorney work product and may not be used for any other purpose. The civil liability response is not intended to interfere with any other investigation but shall be given reasonable access to all other investigations. 11. DEBRIEFING-Following an officer-involved shooting or death, the involved department should conduct both a critical incident/stress debriefing and a tactical debriefing. Furthermore, the use of peer support program is strongly encouraged to offer mental,emotional, and physical support to service members. a. CRITICAL INCIDENT/STRESS DEBRIEFING-A critical incident/stress debriefing should occur as soon as practicable. The applicable Division Chief or Commander is responsible for organizing the debriefing.Notes and recorded statements shall not be taken because the sole purpose of the debriefing is to help mitigate the stress-related effects of a traumatic event. The debriefing is not part of any investigative process. Care should be taken not to release or repeat any communication made during a debriefing unless otherwise authorized by policy, law, or a valid court order. Attendance at the debriefing should only include those members of the department directly involved in the incident, which can include involved support personnel. Family or other support personnel may attend with the concurrence of those involved in the incident. The debriefing shall be closed to the public and should be closed to all other members of the department, including supervisory and Office of Professional Standards personnel. b. TACTICAL DEBRIEFING-A tactical debriefing should take place to identify any training or areas of policy that need improvement. The Chief of Police/Sheriff should identify the appropriate participants. This debriefing should not be conducted until all involved members have provided recorded or formal statements to the investigators and administrative investigators. 12. MEDIA RELATIONS- Media releases are generally prepared and disseminated by the lead agency, in coordination with the involved legal department.No other department members shall make any comment to the media unless they are authorized by the lead agency's Chief of Police/Sheriff,in coordination with the involved department's Chief of Police/Sheriff. Department members receiving inquiries regarding officer-involved shootings or deaths occurring in other jurisdictions shall refrain from public comment and will direct those inquiries to the Chief of Police/Sheriff,or lead agency. Page 6 of 7 V. FUNDING This MOU is not a commitment of funds. VI. REPORTING SPBD, MPD, and SJCPD will meet,to evaluate effectiveness and adherence to this MOU, annually on the first Monday in February or at a mutually agreeable time in February. VII. COUNTERPARTS This MOU may be executed in counterparts, all of which shall be deemed originals. VIII. GOVERNING LAW This MOU shall be governed by the laws of the State of Indiana and venue shall be in St. Joseph County, Indiana. THE UNDERSIGNED have read and understand the forgoing terms of this MOU and do, by their respective signatures hereby agree to its terms. Date: Py' /e*'ozoc33 Scott Ruszkowski Chief of Police South Bend Police Department te Date: 06 1-- 43A. enneth WI owski Chief of Police Mishawaka Police Department 4.QA4_ Date: q- 21- 73 William Redvan Sherriff jVl St. Joseph County Police Department Filed in Clerk's Office JUL 1 911123 DAWN M.JONES CITY CLERK,SOUTH BEND,IN Page 7 of 7 City of South Bend BOARD OF ZONING APPEALS June 6, 2023 Common Council of South Bend 227 W. Jefferson Blvd, 4th Floor South Bend, IN 4660 l County-City Building 227 W. Jefferson Blvd. 1400S ,--...::S:.:::o�ut:::,:h�B:_::end, IN 46601 Fifed in c,�1� sr··�-_-- ,. ·JUN ... O 6 2023 DAWN M. JONES CITY CLERK, SOUiH BEND, IN Re: The petition of FARGO LLC seeking a Special Exception for Major Vehicle Service in the NC Neighborhood Center for property located at 1127, 1131 and 1135 WESTERN AVE, Dear Council Members: I hereby Certify that the above referenced petition of FARGO LLC was legally advertised on May 26, 2023 and that the South Bend Board of Zoning Appeals at its public hearing on June 5, 2023 took the following action: Upon a motion by Kaine Kanczuzewski, being seconded by Mark Burrell and unanimously carried, a petition by FARGO LLC seeking a Special Exception for Major Vehicle Service for property located at 1127, 1131 and 1135 WESTERN A VE, City of South Bend, is sent to the Common Council with a favorable recommendation, subject to a written commitment for no outdoor storage of vehicles, and will issue written Findings of Fact. The staff comments related to this petition are attached. The Findings of Fact will be adopted at the next South Bend Board of Zoning Appeals meeting. Minutes of the public hearing are available in our office and will be posted on our website once approved. If you have any questions, please feel free to contact our office. Sincerely, �11� Angela M. Smith Zoning Administrator Attachment CC: FARGO LLC BILL NO. 24-23 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 �ol'LANc-o � ;J' � cc 0 0 V'1 z l'J)-�8l/SHE0 �a•• City of South Bend PLAN COMMISSION Wednesday, June 21, 2023 South Bend Common Council 227 W. Jefferson Blvd., 4th Floor South Bend, IN 46601 County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in Clerk's Office JUN .2 1 2023 DAWN M. JONES CITY CLERK, SOUTH BEND, JN Re: Bill#27-23 - A proposed ordinance ofY AW AURORA to zone from U3 Urban Neighborhood 3 to NC Neighborhood Center and seeking a Special Exception Use to allow Major Auto Repair, property located at 1333 LINCOLNW AY, City of South Bend -PC# 0152-23 Dear Council Members: [ hereby Certify that the above referenced ordinance ofY AW AURORA was legally advertised on June 10, 2023 and that the South Bend Plan Commission at its public hearing on June 20, 2023 took the following action: Upon a motion by Jason Piontek, being seconded by Caitlin Stevens and unanimously carried, a proposed ordinance of YAW AURORA to zone from U3 Urban Neighborhood 3 to NC Neighborhood Center, property located at 1333 LINCOLNW A Y, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Upon a motion by Jason Piontek, being seconded by Caitlin Stevens and unanimously carried, a Special Use for Major Auto Repair property located at 1333 LINCOLNW A Y, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. The staff report is attached. The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely, �JY(� Angela M. Smith Zoning Administrator Attachment CC: YAW AURORA Bob Palmer Keith Giden Jr. Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President BILL NO. 27-23 May 16, 2023 City of South Bend PLAN COMMISSION Honorable Lori Hamann4thFloor, County-City BuildingSouthBend, IN 46601RE: 1319, 1323, and 1333 Lincoln Way WestPC# 0152-23DearMs. Hamann: County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 574)235-7627 ww.. it.J.t>endin.gov/zoning 1/ 6\ ;!!_ ii] c ,,.I . le;,f-, ( '· so Ct'J), .D-I 1/ & i-/41,, IC ct.s-, '·<0;9'9,., . (.' . 1i,;;'1vs :;--.,_ I-; f) q l,v Enclosed is an Ordinance forthe proposed Zone Map Amendment and Special Exception at theabovereferencedlocation. Please include the attached Ordinance on the Council agenda forfirstreadingatyourMay22nd, 2023 Council meeting, and set it for public hearing at your June 26Lh, 2023 Council meeting. The petition is tentatively scheduled forpublic hearing at the May 20th, 2023 South Bend Plan Commission meeting. The recommendation of the South Bend PlanCommissionwillbeforwardedtotheOfficeoftheCityClerkbynoononthedayfollowingthepublichearing. The petitioner provided the followingto describe the proposed project: Petitioners desire to rezone the property fromU3 Urban Neighborhood 3 to NC NeighborhoodCenterDistrictandseekingaSpecialExceptionUseforMajorVehicleRepair. If you have anyquestions, please feelfreeto contact our office. ' JJf- ;;. rely,Ange aSmithZoningAdministratorCC: Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President BILL NO. 27-23 �o PLAN C-o J....� -G, :::, -0 0 V, z f'.rr,�8USHE0 1.01,0 July 18, 2023 City of South Bend PLAN COMMISSION South Bend Common Council 227 W. Jefferson Blvd., 4th Floor South Bend, rN 4660 I County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in Clerk's Office JUL 18 ?0?1 DAWNivf JONES CITY CLERK, §_Q_l:!_"J::!:!j3END, IN Re: Bill#44-23 - A proposed ordinance ofGREYSTONE DEVELOPERS LLC to zone from Ul Urban Neighborhood I to U2 Urban Neighborhood 2, property located at 1006 ST VrNCENT ST, City of South Bend -PC# 0165-23 Dear Council Members: I hereby Certify that the above referenced ordinance of GREYSTONE DEVELOPERS LLC was legally advertised on July 7, 2023 and that the South Bend Plan Commission at its public hearing on July 17, 2023 took the following action: Upon a motion by Jason Piontek, being seconded by Francisco Fotia and unanimously carried, a proposed ordinance ofGREYSTONE DEVELOPERS LLC to zone from Ul Urban Neighborhood 1 to U2 Urban Neighborhood 2, property located at I 006 ST VINCENT ST, City of South Bend is TABLED to the August 21, 2023 Plan Commission meeting. Please table this petition to the August 28, 2023 Council meeting to allow for it to be properly heard by the Plan Commission. Sincerely, �J�(,r-Zoning Administrator Attachment CC: GREYSTONE DEVELOPERS LLC Danch, Hamer & Associates Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President BILL NO. 44-23 N0PLaNc. County-City Building o/ o City of South Bend 227 W. Jefferson Blvd. 14005 IISouth Bend, IN 46601 PLAN COMMISSION 574) 235-7627 www.southbendin.gov/zoning filed in Clerk's Office June 21, 2023 Honorable Committee Chair Hamann JUN 2 1 2023_i4thFloor, County-City Building DAWN M.JONES South Bend, IN 46601 CITY CLERK,SOUTH BEND,IN RE: 1006 St. Vincent Street PC#0165-23 Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your June 26, 2023, Council meeting, and set it for public hearing at your July 24, 2023,Council meeting. The petition is tentatively scheduled for public hearing at the July 17, 2023, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Petitioner desires to rezone the property from U1 Urban Neighborhood 1 to U3 Urban Neighborhood 3 to build four (4) residential condominium units on the property. If you have any questions, please feel free to contact our office. Sincerely, If11t,L /IL . Kari Myers Zoning Specialist CC: Bob Palmer Tim Corcoran Angela Smith Scott Ford Planning Director Zoning Administrator Commission President red in Clerk's Officelay12023BILLNO. 44-23 ORDINANCE NO. DAWN M. VNES INCLERK,SOUTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1006 ST VINCENT STREET COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner desires to rezone the property from U1 Urban Neighborhood 1 to U3 Urban Neighborhood 3 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: That part of the Northeast Quarter of Section 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Part of Lots # 101, 102 and 103 of the Plat of"Sorin's 2nd Addition to the Town of Lowell, now City of South Bend" as recorded in the records of the St. Joseph County, Indiana Recorder's office, and more particularly described as: Beginning at the Northeast corner of said Lot # 101; thence South (all bearings assumed) along the East lines of said Lots, # 101, 102 and a portion of Lot # 103, a distance of 158 feet more or less; thence West a distance of 50 feet more or less; thence North a distance of 158 feet more or less to the North line of said Lot# 101 said North line also being the South right-of-way line of St. Vincent Street; thence East along said Lot line and South right-of- way line a distance of 50 feet to the point of beginning. Containing 0.18 acres more or less. Subject to all legal highways, easements and restrictions of record. be and the same is hereby established as U3 Urban Neighborhood 3. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2023, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office JUN 2 1 2023 DAWN M.JONES CITY CLERK,SOUTH BEND,IN 2 - City of South Bend PLAN COMMISSION Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number: 018-5105-3685 Address: 1006 St. Vincent Street, South Bend, IN 46617 Owner: Greystone Developers LLC Legal Description: That part of the Northeast Quarter of Section 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Part of Lots# 101, 102 and 103 of the Plat of Sorin's 2nd Addition to the Town of Lowell, now City of South Bend"as recorded in the records of the St. Joseph County, Indiana Recorder's office, and more particularly described as: Beginning at the Northeast corner of said Lot# 101;thence South (all bearings assumed)along the East lines of said Lots, # 101, 102 and a portion of Lot# 103, a distance of 158 feet more or less;thence West a distance of 50 feet more or less; thence North a distance Project Summary The Petitioner desires to rezone to U3 Urban Neighborhood District to build 4 residential condominium units on the property. Requested Action Application includes (check all that apply) Rezoning Current District: U1 Urban Neighborhood 1 Additional Districts, if applicablE Proposed District U3 Urban Neighborhood 3 Additional Districts, if applicablE The Plan Commission and Council will consider the following in the review of a rezoning petition: 1) The comprehensive Plan: 2) Current conditions and the character of the current structures and uses in each district: 3) The most desirable use for which the land in each district is adapted,- 4) dapted;( 4) The conservation of property values throughout the jurisdiction;and 5) Responsible development and growth. Fl Subdivision — complete and attach subdivision application n Special Exception —complete and attach Criteria for Decision Making Use requested: n Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Completed Application (including Contact Information) E Site Plan drawn to scale n Filing Fee Additional documents as noted above Contact information Property owner(s) of the petition site: Name: Greystone Developers LLC Address: 1130 South Bend Avenue, Suite 350 South Bend, Indiana 46617 Name: Address: Name: Address: Contact Person: Name: Danch, Harner & Associates, Inc. Attn: Michael Danch Address: 1643 Commerce Drive South Bend, Indiana 46628 Phone Number: 574-234-4003 mdanch@danchharner.com,jballard@danchharner.com E-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: PRELIMINARY SITE PLAN PART OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. SITE ST. VINCENT STREET 1 _. THAT PART OF 1NORM11010EASI QUARTER OF S 1. TOWNSHIP 3T p .11E NORTH.RANGE 2 FAST. PORTAGE 10MN911P.CITY OF SOUTH BOO. ST. 9 9 4 JOSEPH COUNTY.UDWN WHICH S°ESCROE0 A5:PMT 0i LOTS I 101. 103 AND 103 OF 111E PUT OF'50Rx'5 P.MORTON TO 111E TOWN OF LOWELL NOW CITY OF SOUTH NG CORCCOROED IN THE RECORDS OF THE N BE ST.JOSEPH COUNTY,UDWM RECORDER'S OFFICE.ANO MORE PMOCUJR3 7 SITE LDOOgN YIP OESOMBED M:BEGIN.°AT THE NORTHEAST CORNEA OF SND LOT/101: THOLE SOUTH(ALL BERMS ASSUMED)ALONG THE EAST UFS OF SND LOB.1 505 EDA 05 A PORION O LUT/ tRE A DISTANCE0051 OF 00 FEET I / ell., O MORE OR LLA:THENCE WEST A GSIANCE OF DO FEET MORE OR IE55; ut. OF H.0 A DISTANCE OF 156 FEET MORE OR IEA 10 THE NORTH I' E 2m ME / SC NORM TE NSF BEING RIGHT-0E-2m UNE 1 5T.WHCENT AMF51 HENCE 0 0 NANO SND IATUNEM0soU01ROM-0i-MT UNE•015'1NCE OF R FEET 1F HTE PONT OF N CHUTNNING0.18 ACRES MORE Cl LESS. KiY NOTii/I FUND' RECORD.TO ALL LEGAL 00 M00015. FASFME115 D RESTRICTIONS OF S PROPOSED ASPWLT. N.... A.—I O AW 00. ©O 0 PAA am wE CI I.I.:i.:1 L.,v C: OZ PROPOSED CONCRETE 00(1000- NDMIG mow. a'MME.moo:WHITE. Al/ • DWELLING O FENONO N10NED PER 20111110 ORO.E. IT 1 0 M5PROPOSEDORNMACESYSTEMAREA O PROPOSED usasosPOc. 3TORIES R a W 1 OG PROPOSED.0 COMPAQ RFT E OP 91E A).PROPOSED 9MDWL.__...._....__—.__.At/b MIf p} B).CMOETE AM.. I......_.._.._.._._61 iD>s F 7 J C) OPER SP PAWT LI._....._..._..____—.1.]W IIID y yy D}OPER SPACE 1.013 2ED3i /0./*,t' RJ. ALL PER O TOMMAGEFCU S TO Q. 11.1 BY OH-9E ONARIAQ MIFM1ZSEEDPEROIYOP5011THROTO01QEFAR10STAtOMOS G U 5A 11E PROPERTY N ID ff..BY PUBLL M.F SEFEA SS.. O M B) LNOSfiPWc TO CC..WM OTY OP SOUTH RHO marc ORRNAX2R3TORIESRW J N BURD110 15(a-STOP. w M w ceW CI DWELUNG PROPERTY cc'fR0C$ T R 3 TORIES R • 1 Q J oYMD SEBKN w Filed in Clerk's l i \\5'sae YARD SETBM[ z ffice OC 5'REM YARD SETMMN 00 • g 0 w N 22 —O ° 01 JUN 2, 1 2023 21 1A` IiI 5 a i. pN ii OSOD DAW/Tl. M D,sc.FxaF1Ra. A i D a 3d 110 d ICi e1NG ERK, p''KEBENISCALEI' '" 0 PRELIMINARY SITE PLANRIP it W wN HN:FN a a UPN NPm E11)t B' °-'P _ Q KDFE 6RWI1 e.. REVISIONS MEI IW'IP 1 IP i 6/16/t3 RTu ns,u mon I•V*0../ QY O I f SGVED Ds BF. DOE BY 1/1 iRa„•..,.... •._ PH um' . i I. RE a PIM YMO! 1301615 SMM �oPLAN Co ,._� v'. .::, � 0 0 V) z <".s,-"1lltlSHEO ,a,a City of South Bend PLAN COMMISSION Tuesday, July 18, 2023 South Bend Common Council 227 W. Jefferson Blvd., 4 th Floor South Bend, IN 46601 County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in Clerk's Office JUL 18 ?021 DAWN M. JONES CITY CLERK, SOUTH BEND, IN Re: Bill#45-23 - A proposed ordinance of UNIVERSITY OF NOTRE DAME DU LAC to zone from Ul Urban Neighborhood 1 to NC Neighborhood Center, property located at a portion of 1018 FRANCES ST, City of South Bend -PC# 0166-23 Dear Council Members: I hereby Certify that the above referenced ordinance of UNIVERSITY OF NOTRE DAME DU LAC was legally advertised on July 7, 2023 and that the South Bend Plan Commission at its public hearing on July 17, 2023 took the following action: Upon a motion by Sheila Niezgodski, being seconded by Jason Piontek and unanimously carried, a proposed ordinance of UNIVERSITY OF NOTRE DAME DU LAC to zone from UI Urban Neighborhood I to NC Neighborhood Center, property located at a portion of 1018 FRANCES ST, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation, subject to the Lot Line Adjustment to match the zoning districts. The staff report is attached. The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, Minutes of the public hearing are available in our office and will be posted on our website once approved. � ·n 71 � Ange a M. Smith Zoning Administrator Attachment CC: UNIVERSITY OF NOTRE DAME DU LAC Bob Palmer Richard Bellis Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President BILL NO. 45-23 Staff Report— PC#0166-23 July 17, 2023 Property Information Location: a portion of 1018 FRANCES ST Owner: UNIVERSITY OF NOTRE DAME DU LAC Requested Action Rezone from U1 Urban Neighborhood 1 to NC Neighborhood Center Project Summary Rezone to match 1007/1011 E Howard St zoning to allow for Lot Line Adjustment so that underground storm water storage can be added. 1018 N Frances St will retain access to the alley to the east. Location Map J r' Y w t 4A i.,t1 i kil a Irl E , iks. .,,, ' A k t iiiiiiiiP* :\it 4n S, Recommendation Staff Recommendation: Based on the information provided prior to the public hearing, the Staff recommends the Commission send the rezoning to the Common Council with a favorable recommendation, subject to the Lot Line Adjustment to match the zoning districts. SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report -PC#0166-23a 7/17/2023 Proposed Site Plan f . LOT "C" Rezone i 0.140 Ac. U1 to NC; f 1 0.121 Ac. 1 7— j /I (RESIDENCE) I VUNDERGROUND b STOkMWAT(rR ljj n y1) STORn 1 i I 7 • • ----- • - , 4 I 1f I/" 1 LOT ..A,. taws.. 0 •••• 4.- J•••••••• 1 0.182 Ac. i4%%%%%% I I••••••.• s•••••• J•.4 . 4 .. 1 4. .••,•,•,••,,,•,•,,4• 1 D• O ••• . 0-•- -• • *• •.•• •• • •• • L BWO••O• 0.45 Ac_ •*,I k•• ••• i -- -'4%4* 1 iii•iiiiiiiiiiL•iiiiii 4 4 • I 40• ••••• •,•,4•••••••••• , ••• ,••,••: i.:l a _ f l-_ Lh Rezoning Site Plan Sketch41SCALE: l '' = 30' 30' 15' 0 30' NORTH SCALE 1" = 30' SOUTH BEND PLAN COMMISSION Page 2 of 4 Staff Report-PC#0166-23a 7/17/2023 Site & Context Land Uses and Zoning: On site: On site currently is a single unit dwelling and garage/ North: A single family home zoned U1 Urban Neighborhood 1. East: Eddy Street Commons development zoned NC Neighborhood Center. South: Two vacant lots zoned NC Neighborhood Center. West: Single-family homes zoned U1 Urban Neighborhood 1. District Intent: The NC District is established to promote higher intensity, urban neighborhood centers, typically located near the intersection of major streets, in core and outlying areas of the City that are well connected to surrounding neighborhoods. Site Plan Description: The site plan shows underground stormwater storage and an existing garage to remain. A subdivision has been submitted that will divide the portion being rezoned from the remainder of the lot, which will remain U1 Urban Neighborhood 1 for future development. Zoning and Land Use History and Trends: This section of the Northeast Neighborhood has developed over the last couple of decades for a variety of high intensity mixed uses. Eddy Street Commons developed to the east of the property focusing the higher intensity uses towards the center of the development and lower intensity uses closer to the residential neighborhoods. Traffic and Transportation Considerations: North Frances Street is a two lane road with on-street parking. Agency Comments Agency Comments: There are underground utilities on the site to the south that interfere with locating the underground retention on the same site as the law clinic. A Lot Line Adjustment will be completed to adjoin a portion of the lot in question with the lot to the south for development of the previously approved law clinic. Staff Comments: There are underground utilities on the site to the south that interfere with locating the underground retention on the same site as the law clinic. A Lot Line Adjustment will be completed to adjoin a portion of the lot in question with the lots to the south. The rezoning of the property will allow for the required underground stormwater storage for the proposed law clinic at 1007 and 1011 E Howard Street. Criteria for Decision Making Rezoning Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: The petition is consistent with Northeast Neighborhood Plan (2022) South Bend Avenue- Frances Street Area: Develop neighborhood-scale residential buildings of 2-3 stories to provide a transition to the existing single-unit dwellings to the west. SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report-PC#0166-23a 7/17/2023 Land Use Plan: The Northeast Neighborhood Plan (2022) identifies this area for Medium Density Residential. Plan Implementation/Other Plans: The petition is consistent with City Plan, South Bend Comprehensive Plan (2006), Objective LU 2.4: Provide buffer spaces between non-compatible land uses. 2. Current Conditions and Character: Eddy Street has developed as a commercial hub and village corridor serving Notre Dame and the surrounding residential area. Single family homes extend to the west. 3. Most Desirable Use: The most desirable use for the land is one that provides a transition from the higher intensity commercial uses in Eddy Street Commons and the surrounding single family residential neighborhood. 4. Conservation of Property Values: Developing a new commercial project on currently vacant unproductive land will help continue the growth and value of the surrounding neighborhood. 5. Responsible Development and Growth: It is responsible development and growth to ensure adequate onsite drainage is available for development projects. Analysis & Recommendation Commitments: There are no written commitments proposed. Analysis: Rezoning the property to NC Neighborhood Center will allow for a smaller scale development that provides a buffer between the residential neighborhood to the west from the large scale development of Eddy Street Commons to the east. Recommendation: Based on the information provided prior to the public hearing, the Staff recommends the Commission send the rezoning to the Common Council with a favorable recommendation, subject to the Lot Line Adjustment to match the zoning districts. Filed in Clerk's Office JUL 18 7071 CITY CLEAKWN SOUTH BEND,IN SOUTH BEND PLAN COMMISSION Page 4 of 4 City of South Bend BOARD OF ZONING APPEALS July 13, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 1044 Lincolnway West Dear Committee Chair Hamann: Filed in Clerk's Office JUL 1 3 '2021 DAWN M. JONES CITY CLERK, SOUTH BEND, IN Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your July 24, 2023, meeting and set it for public hearing at your August 14, 2023, Council meeting. The petition is tentatively scheduled for public hearing at the August 7, 2023, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: A Special Exception to allow for the use of a group residence. The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, 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. 48-23 City of South Bend 227 W. Jefferson - Suite 1400S South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information d l - , 0 3 S -- i SOg RECEIVED JUL 10 7023 Tax Key Number:D J Address: I L f Owner: - -12I `t,0- Zoning: Choose the current district ik, J Project Summary: 44,\,* 11 O e7 v o---T i - ' 1pi bc,L.c e- Imo- Requested Action Special Exception — comple e and attach Criteria for Decision Makin Use requested: • V' C, r Ye) l ,4A45f Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required,Documents FV/Completed Application (including Criteria{ for Decision Making and Contac9 /forr atiop) Df'p"""'Site Plan drawn to scale CviQ( 1( ` j0( 1 I Filing Fee Ill) 11) : ' ; Per x• (A-1/-4-0- ii A- -y Criteria for Decision Making Special Exception - if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: NitkA)U___— N4)0 P t 0,62.-ev....0,..,...) ti.pciY-vm o r, ' IN)(1-.. f?._.e.,tr\.) Q.., ek_. --tk.Q_ A , .' J44D)---„ )._eArr-- , 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: Nir)CULa-- 0-03 Q ., DoLvi , . , KTAA cia,06trY.4---, '4-- 1 NLe'efuliL3U_Aick DA 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: r-C—S .dc,),Jici. )—J I . ' tiv,A4C,_. it") i'L di___ejcsbrio , 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: Contact Information Property owner(s) of the petition site: Name: ,Y\G 0 016\y: Address: 5" ff t_y_ Lftf- Name Address Name, Address: Contact Person: Name:0 1iJ. j I\ Address: . ( UMU 0_,\ O i a I 1 A _ilk L5I lA d Phone Number: C7D C) Ti1 S E-mail: d By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: X(71-I d Gdt/ L/eZ_, Filed in Clerk's Office JUL 13 ?I17.1 CITY C E K SOUTTH BEND,IN Filed in Clerk's Office BILL NO.48-23 JUL 13 70,1 DAWN M.JONESORDINANCENO. LCCSNfl, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1044 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow for the use of a group residence. NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 1044 Lincolnway West. South Bend, IN 46619. 018-1035-1508 In order to permit a Group Residence SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health,safety,comfort, community moral standards, convenience, or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located, and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2023, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office JUL 13 ?071 D CITY C E KN OUTTH BEND,IN 2 -