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03-11-23 Agenda & Packet
AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, MARCH 11, 2013 7 : 00 P.M. 1 . INVOCATION - REV. TONY SLAGLE 2 . PLEDGE TO THE FLAG 3 . ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5 . SPECIAL BUSINESS ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE MIKE SCHMUL-CHIEF OF STAFF SPREADING OF RECORD - 2013 STANDING COMMITTEE MEMBERS ' COUNCIL APPOINTMENTS TO CENTURY CENTER BOARD OF MANAGERS, REDEVELOPMENT COMMISSION, URBAN ENTERPRISE ASSOCIATION, HUMAN RIGHTS COMMISSION 13-21 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE MONTH OF MARCH 2013 AS DISABILITY AWARENESS MONTH IN THE CITY OF SOUTH BEND & COMMENDS IU SOUTH BEND' S DISABILITY SUPPORT SERVICES FOR ALL OF THEIR SERVICES 6. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL N0, 13-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 20-20 OF ARTICLE 1, CHAPTER 20 VEHICLES AND TRAFFIC OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SAFETY REGULATIONS WHEN PASSING BICYCLES 08-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 11 ENTITLED BLOCK PARTY REGULATIONS 8 . BILLS, THIRD READING TIME: BILL NO. 13--12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 20-20 OF ARTICLE 1, CHAPTER 20 VEHICLES AND TRAFFIC OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SAFETY REGULATIONS WHEN PASSING BICYCLES 08-13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 11 ENTITLED BLOCK PARTY REGULATIONS 9. RESOLUTIONS BILL NO. 13-16 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 2221 PRAIRIE AVENUE, SOUTH BEND, IN, 46619 13-19 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3340 DOUGLAS ROAD AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR HARRINGTON ORTHODONTICS 13-20 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1902 SOUTH MAIN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GENERAL SHEET METAL WORKS, INC. 13--22 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CALLING FOR AN END TO DOMESTIC VIOLENCE AND VOICING ITS SUPPORT TO THE REAUTHORIZATION OF THE FEDERAL "VIOLENCE AGAINST WOMEN' S ACT" 13-23 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALER/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2013 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE 10 . BILLS, FIRST READING BILL NO. 09--13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 12 ENTITLED CHRONIC PROBLEM PROPERTY REGULATIONS 10-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE, CHAPTER 6, ARTICLE 1, SECTION 6-4 . 4 (b) (3) ; RENUMBERING CERTAIN SECTIONS OF CHAPTER 6, ARTICLE 2; AND ADDING A NEW, RENUMBERED SECTION 6-6. 2, CERTIFICATE OF OCCUPANCY, TO CHAPTER 6, ARTICLE 2 11-13 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3801 W. WESTERN AVENUE, COUNCTLMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS A. UPDATES ON ITEMS UNDER DISCUSSION BY COUNCIL MEMBERS 12 . NEW BUSINESS A. APPROVAL OF 4 APPOINTMENTS TO THE TRANSPO BOARD MATTHEW C. WILSON EMIL W. "LUCKY "' REZNIK OLIVER J. DAVIS, JR. ANTONIUS M. NORTHERN REQUIRED PER IC 36-44-1-3 UNIFORM CONFLICT OF INTEREST 13 . PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME: NOTICE FOR FEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. b P0 , RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,DECLARING THE MONTH OF MARCH 2013 AS DISABILITY AWARENESS MONTH IN THE CITY OF SOUTH BEND& COMMENDS IU SOUTH BEND'S DISABILITY SUPPORT SERVICES FOR ALL OF THEIR SERVICES 011i ny,,,h the Common Council of the City of South Bend, Indiana,notes that this July 26th will mark the 21" anniversary of the enactment into law of the Americans With Disabilities Act(ADA)which aims to give all people"the opportunity to live with dignity,work productively and achieve their dreams";and the Common Council recognizes that today there are approximately 50 million Americans living with disabilities, with 80% of the people who take on the role of primary helper to persons with disabilities being relatives and nearly half of that number living with the person who has a disability;and f*X,-ryt* the Common Council notes the economy has been especially hard on individuals with disabilities,with approximately 16.1%of all disabled Americans being unemployed;and �r,r rh the Common Council further notes that the Indiana Governor's Council for People with Disabilities works "...to advance independence, productivity and inclusion of people with disabilities in all aspects of society through planning,evaluation,collaboration,education and advocacy";and (X7rrrny approximately 19% of Indiana's population has a disability. This year the Governor's Council theme is "Community Connections" which focuses on a "...fully connected, livable community with appropriate housing, supportive and accessible community services, and physical and environmental features..." which foster independent living; with IU South Bend's Disability Support Services (DSS)being a great local example of their commitment to individuals with disabilities. 6a&A20Aw4 by the Common Council of the City of South Bend,Indiana,on the I ltb day of March,2013,as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby declares the month of March,as DISABILITY AWARENESS MONTH,and urges all of our residents, governmental officials and employers to celebrate the many contributions individuals with disabilities have made and continue to make to our community and to our country. Section Il. The South Bend Common Council publicly honors and thanks IU South Bend's Disability Support Services (DSS), under Director Dr, Jim Hasse, for their ongoing dedication and commitment to ensuring that students with disabilities have equal opportunity to participate in, contribute to, and benefit from all University programs,services and activities. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Tim Scott, 15`District Oliver J. Davis,6` District Henry Davis,Jr.,2° District Derek D.Dieter,At Large Valerie Schey,3a Gavin Ferlic,At Large Dr.Fred Ferlic,4` District Karen L.White,At Large Dr.David Vanier,5 District Kathleen Cekanski-Farrand,Cound Att'y John Voorde,City Clerk Pete Buttigieg,Mayor of South Bend Substitute Bill No. .13 --t 3. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 20-20 OF ARTICLE 1, CHAPTER 20 VEHICLES AND TRAFFIC OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SAFETY REGULATIONS WHEN PASSING BICYCLES STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that the City of South Bend is dedicated to seeing that individuals have the opportunity to enjoy bicycle riding throughout the city in as safe a manner as possible. This requires both the motor vehicle operators, as well as bicyclists, to abide by the rules of the road. The Common Council further recognizes that there are many Indiana state laws codified into Title 9 of the Indiana Code, as well as regulations codified into the Manual on Uniform Traffic Control Deiices (MUTCD)which govern bicycle traffic. The City of South Bend would like to implement additional safety regulations which would require a minimum of three feet (3') minimum distance from a bicyclist when passing such bicyclist by an operator of a motor vehicle. It is believed that sharing the road with bicyclists and motorists in South Bend may be enhanced by this regulation. Section I. Chapter 20, Article 1, Section 20-20 of the South Bend Municipal Code is amended to read in its entirety as follows: See. 20 220 Reserved. Sec. 20-20 Minimum Passing Distance When Overtaking a bicyclist. (e) Definitions: Terms used in this sections shall have the following meanings: (1) "Bicyclist" shall mean a person using a bicycle as defined in Section 20-2 (a) (4) of this Code. (2) "Driver" shall have the meaning set forth in Section 20-2 (a) 10) of this Coda. (3) "Motor vehicle" shall have the meaning set forth in Section 20-2 (a) (16) of this Code. (4) "Operator" shall have the meaning set forth in Section 20-2 (a) (22) of this Code. (5) "Roadways" shall have the meaning set forth in Section 20-2 (a) (37) of this Code. Ordinance Addressing Overtaking or Passing a Bicyclist Page 2 (f) Overtaking or Passing a Bicyclist: The driver or operator of any motor vehicle driving on the roadways of South Bend may overtake or pass a bicyclist when there is a safe distance of not less than three feet(3') between the motor vehicle and the bicycle. (g) Returning to Original Lane: The driver or operator of any motor vehicle driving on the roadways of South Ben shall not return to the original lane until the vehicle is safely clear of the bicycle(s). (h) Compliance with Applicable Regulations in this Chapter: All drivers, operators, and bicyclists are required to comply with the applicable regulations set forth in this Chapter. (i) Violations: Any one violating this Section shall be issued notice as further addressed in Section 20-17 of this Code. The minimum fine for violating the regulations addressing overtaking or passing a bicyclist as further addressed in Section 20-20-(a) (b) shall be fifteen dollars ($ 15.00) which shall be paid through the Office of the Ordinance Violations Bureau. Section 11. if any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section 111. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Council Member Gavin Ferlic Council Member at Large Member of the Common Council Council Member Tim Scott 1"District Council Member Member of the Common Council Council Member Valerie Schey 3rd District Council Member Member of the Common Council Ordinance Addressing Overtaking or Passing a Bicyclist Page 3 John Voorde, City Clerk Amueyz rl by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of , 2012, at o'clock_. m. Janice Talboom, Deputy Clerk by me on the day of , 2012, at o'clock .m. Pete Buttigieg Mayor of the City of South Bend, Indiana NOT t,P1?R,0VE5, t '' r, i • r Cf REFERRED b_ PASSM So UT 1g� O� JP��'0 City of South Bend Common Council 1865 441 County-City Building . 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 k�ttF://www.southbendin.gov Derek D. Dieter President Oliver J. Davis Vice-President May 11, 2012 Karen L. White Chairperson, Committee Members of the Common Council of the Whole 4a' Floor County-City Building Scott Tim Scott Bend, Indiana 46601 First District Re: Substitute Bill No. 13-12 Henry Davis, Jr. Bicycle Safety Ordinance Second District Dear Council Members: Valerie Schey Third District I am filing a substitute version of Bill No. 13-12 which adds a new paragraph (g) to Section 20-20 addressing safety regulations when returning to the original lane. The Fred Ferlic Fourth District remaining paragraphs have been re-lettered and remain the same as originally proposed. David Varner Fifth District This language is similar to the language included in Senate Bill 0101 sponsored by Senator John Broden earlier this year. That Bill was referred to the Committee on Oliver J. Davis Corrections, Criminal and Civil Matters, and was not moved forward. Sixth District I look forward to discussing these proposed safety measures with you at the Health At Large e Derek Dieter and public Safety Committee meeting on Monday. Thank you. Gavin Ferlic Sincerely, At Large Karen L. White Gavin Ferlic At Large Council Member at Large South Bend Common Council cc: Office of the City Clerk r°—..A`........,�a�gY� J ii` ti J i Moo LLO -C 7 0 * � t / k k U m d 2 x / ks) k ~ < t � 2 ' E In \ O 2 j k / 2 q k � � � ��¥qq m 2 & / § 2 = r / 9 \ f k 2 2 k / N a k ƒq2 0 / E -,-m / / % ƒ / q / r E 4 I o = ¥ o e o m q E 2 2 0 \ 2 � 2 q f \ 4.1 2 7 A § \ f ? . CI- 2 ■ o 0 2 § ? E $ ] 0 2 / 2 ® 2 a ® 4A \ 2 2 ® © � r ® ] u U I_ \ q / 6 / / 2 f \ 2 2 ƒ \ m \ 2 2 r \ k k � 2 = v @ » e § S E IZ m < n as m 2 S d 75 u ƒ � � 2 \ �v \ � e e e ■ e e e e ��2 o ' +°� n IS 4-1 43 E tB SCS = i a t7 uj '6 s 4z Fs U zi S_- a A s lII fl 2f JZ-L a o u L 43 4' s +, 7i L L t6 L 'LS) % 7i In L9 6i 43 4.1 :z + LU ra° � d 3 M '5 4 L 01 is S o L - O n In a s- Z3 %S) A-1 `� o 4A Z ao q) }7 ii U4-1 O s L 'L -� q� a � a5 c� � � m a � � � T � L •� o o � `�" 4-1 L �' i U � a u a 421 L- a L m Li d in axi £ U s U aL �i L 1v k3m BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH[BEND, INDIANA,AMENDING CHAPTER 14 OF THE SOUTHBEND MWCIPAL CODE BY THE INCLUSION OF NEW ARTICLE 11 ENTITLED BLOCK PARTY REGULATIONS , STATEMENT OF PURPOSE AND INTENT On June 27, 2011, the South Bend Common Council passed Substitute Bill No. 3 1-11 which set forth block party regulations. The final version represented several weeks of discussions between the City Administration and the Common Council to address the various public safety concerns associated with residential and non-residential block parties, This ordinance formally incorporates the regulations set forth in Ordinance No. 10102-11 into the South Bend Municipal Code, so that there will be a greater awareness of the governing procedures. Additionally, it incorporates a process whereby the Board of Public Works may waive block party fees for non-profit organizations who have filed a copy of their IRS document certifying their 501(c)(3) status under the Internal Revenue Code where the organization has been recognized as being exempt, along with their most recent copy of Form 990 or Form 990-EZ. The Board of Public Works will continue to be the main agency involved in reviewing public safety requirements for the temporary closing of public right-of-ways. Once an application is filed it is referred to the Police Department, the Fire Department and the Street Department for their review and recommendation to assure that such public ways are reviewed in light of public safety considerations.. This ordinance also incorporates an electronic to the Office of the City Clerk which would annually summarize the actions on all block party requests. 9%Q, A—w0w, A &orA&wgr by the Common Council of the City of South Bend, Indiana, as follows: Section 1. Chapter 14 of the South Bend Municipal Code is amended by the inclusion of new Article l I which shall read in its entirety as follows: Article 10. Block PaM Regulations. See. 14-63 Definitions. For purposes of this Article, the following definitions shall apply: (a) Block Party: An event which uses and blocks access to a public right-of-way requiring approval by the Board of Public Works. Block Party Procedure Ordinance Page 2 (b) Non-Residential Block Party: A public assembly sponsored primarily by business(es) including non-profits, having an enterprise(s) on a non-residential street for the benefit of the public. (c) Residential Block Party: A public assembly sponsored solely by and limited to the actual residents of a block(s) on a certain street. Sec. 14-64 Application and Pee Required to be Piled With the Board of Public Works; Limited Circumstances for Waiver of Fees. (a) At least four(4) weeks prior to a proposed residential block party or non-residential block party, an "Application for the Use of and Blocking of Access to Public Right-of-Way for a Block Party" must be properly completed and filed by are applicant per Board of Public Works procedures, which are on file in the Department of Public Works and the Office of the City Clerk. (b) The Board of Public Works is authorized to and shall charge and collect not less than the following fees for any application filed requesting the closing of a public right-of-way to vehicular traffic for purposes of holding a residential block party or non-residential block party: (1) Non-Residential Block Party Fee $ 125.00 (2) Residential Block Party Fee $ 50.00 unless the applicant is a nonprofit organization recognized as exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code. Each nonprofit organization who applies must file a copy of the document certifying their 501(c)(3) status received from the Internal Revenue Service, along with the nonprofit organization's most recent copy of Form 990 or Form 990-EZ. All other regulations of the Board of Public Works and this Article apply to such nonprofit applicants, upon the waiver of fees being approved by the Board. (c) All applications approved by the Board of Public Works shall be subject to the Board's "Instruction Sheet"then in effect and a "Permit/Agreement"detailing the governing rights and responsibilities of the parties. Sec. 14-65 Electronic Annual Filing With the Office,ofthe City.,Clerk, The Clerk to the Board of Public Works shall be required to file electronically with the Office of the City Clerk a summary of all applications approved or disapproved by listing: date application filed; type of block party; location; disposition; fee charged; and fees waived by the last business day of each calendar year. Block Party Procedure Ordinance Page 3 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Timms ; « ct ouncil Member The South Bend Common Council Office of the City Clerk l �!�me de WUZ� on the day of 2013 at o'clock m. Office of the City Clerk by me on the day of , 2013 at o'clock .m. Pete Buttigieg Mayor of the City of South Bend, Indiana F."ded In Clark's Off I -(3 , f st READING f FJ `f USLIC HEARING � rd READING EOT APPROVED CITY CLEi�I' .w EEERRED A SS ED �®ffi T11 City of South Bend Common Council 1865 441 County-City Building d 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 Derek D. Dieter http:f/www.southbendimgov President Oliver J. Davis February 18, 2013 Vice-President The South Bend Common Council Karen L. White 4tb Floor County-City Building Chairperson, Committee South Bend, Indiana 46601 of the Whole Tim Scott Re: Block Party Regulations First District Dear Council Members: Henry Davis, Jr. Second District The attached ordinance would amend a 2011 ordinance which established procedures governing block parties. The proposed ordinance: Valerie Sch ey Third District e Would incorporate the current regulations into the City Code so that they are Fred Ferlic readily accessible from the City's website Fourth District would create a fee waiver process for legitimate 501(c) (3) nonprofit David Varner organizations which would require such an organization to provide proof of that Fifth District status from the IRS and filing a copy of their most recent Form 990 or Form 990- EZ return. Oliver J. Davis Sixth District All other block party regulations governing residential and non-residential block parties would apply to all applicants, including those who may have received a fee At Large D. Dieter waiver. In this way the public safety regulations would be enforced uniformly, with the fees charged to help off-set the actual cost to close a public street when Gavin Ferlic accommodating a block party. An electronic summary from the Clerk to the Board At Large of Public Works would also be required to be sent to the Office of the City Clerk summarizing block party requests made to the Board during each calendar year. Karen L. White At Large I look forward to discussing this with you when it is referred to the Public Works and Property Vacation Committee for review and recommendation, with a public hearing before the Common Council on March 11, 2013. Thank you. Sinc Tim co .a <, '-s" Flied in :)A. f -() RC�y F77, % 1St District Council Member .. r. Attachment CITY UaR-, FE RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3340 DOUGLAS ROAD AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR HARRINGTON ORTHODONTICS WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area located at 3340 Douglas Road and which is more particularly described as follows: A parcel of land being a part of the Northeast Quarter of the Northeast Quarter of Section 32, Township 3 8 North, Range 3 East and being more particularly described as follows: Commencing at the Northwest corner of the Northeast Quarter of the Northeast Quarter of said section 32, thence North 89 degrees 16' 18"East along the North Line of said Section 32, 140.70 Feet; Thence South 00 degrees 12 ` 28" West, 45.01 Feet to the point of beginning; thence North 89 degrees 16' 18"East parallel to the North Line of said Section 32, 188.55 Feet to a point on the West Line of Douglas Road Partners Minor, recorded in Instrument Number 0917426 in the Office of the Recorder of St. Joseph County, Indiana; thence South 00 degrees 29' 43" East along said West Line of said Minor, 175.00 Feet; thence South 89 degrees 16' 18" West along the Northerly Line of Lot 3 in said Minor, 187.70 feet to the East Line of a parcel of land recorded in Deed Record 784, Page 80 in said Recorders Office; thence North 00 degrees 12' 28"East along said East Line, 175.02 Feet to the point of beginning, said parcel containing 0.75 acres,more or less, and subject to all right-of-way, easements, covenants, and restrictions of record. and which has Key Numbers 02-2023-054801 presently at this point in time, be designated as an Economic Revitalization Area; and WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community and Economic Development and to the Office of the City Clerk; 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 Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION 11. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of three (3) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et sect. 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. Member of the Common Council ,�'eeFt,� firs ,P o w _g Council Filed 1 niCbe r 3s Office 1 KQ 0 013 KE5ENTEp NOT APPROVED CITY CLERK,;,! JO(s'r . END,IN �,DOPUO 227 W.JEFFERsoN BOULEVARD o�s,ti,,lE' {?;;�„�p PHONE:574/235-9371 SUrrI.1400 S. FAx:5741235-9021 SOUTH BEND,IN 46601-1830 \�rtAcr.'; x`965 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY" INVESTMENT SCOTT FORD,EXECUTIVE DIRECTOR Council Member Henry Davis, Chairperson February 20,2013 Community& Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: Harrington Orthodontics Dear Council Member Davis: Harrington Orthodontics previously filed a petition for property located at 3340 Douglas Road.The petitioner proposes to construct a 3,600 square foot office building for a tenant, Dr. Chad Harrington. If approved the abatement would be an exception to policy as office buildings are not targeted for abatement in that location. The estimated cost of the new building is$850,000. At the time the company filed their initial petition they did not have information about their contractors which is needed to set the term of their abatement. They supplied that information on February 20, 2013, and they qualify for a three year abatement. Attached is the point schedule.Attached also are the answers to questions 24 and 25 of the petition which were originally left blank. Total taxes to be paid during a three year term are estimated at$32,325. Total taxes to be abated during a three year term are estimated at$43,648. Per the original petition,the project will create one full time and one to two part time positions with total wages estimated at$40,000, and it will maintain thirteen jobs with a payroll of $521,000. A representative of the Petitioner will be available to meet with the Committee on Monday,March 11,2013. Should you or any ofthe other Council members have any questions concerning the report,or need additional information, please feel free to call me at 235-9278. Sincerely, Kathy Hahn Analyst- Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Don Inks PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES JITIN KAFN PAMELA C MFYFR DONALD E.INKS 20-Feb-13 Public Benefit Points Summary Qualify Earned Available Public Benefit Item: Y or N Points Points Project Related: 1. A. Redevelop a Site that has Special Needs N 0 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan N 0 36 Sub-total Project Related: 0 120 2. Super Size Projects(point values are cumulative): A. 100%to 199% N 0 25 B. 200%to 299% N 0 68 C. 300%to 399% N 0 65 D. 400%and Over N 0 52 Sub-total Super Size Projects: 0 210 3. Construction Related: A. Employ Local Companies N 0 20 B, Purchase Materials from Local Companies N 0 20 C. Require Employees vs.Independent Contractc N 0 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits Y 22 22 F. Require Pension Benefits N 0 18 G. Maintain Affirmative Action Plan N 0 20 Sub-total Construction Related: 22 141 4. Wage&Benefit Related: A. Pay Target Wage Levels N 0 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 Sub-total Wage&Benefit Related: 91 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan N 0 35 D. Provide Targeted Hiring Preference N 0 34 Sub-total Workforce Related: 83 152 6. Pay for Municipal Infrastructure:(point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26-50%of Extension Cost N 0 26 C. Pay for 51-75%of Extension Cost N 0 39 D. Pay for 76-100%of Extension Cost N 0 52 Sub-total Infrastructure Related: 0 131 7. Support a Municipal Facility: A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 196 1000 "Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. Additional Years of Abatement Multi-family Development Proiects: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Development Proiects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 196 Base Years of Abatement 3 Additional Years of Abatement: 0 Total Years of Abatement: 3 CIA fr7 '^ 0 0 cC ti � N 0 Nr ti It N ro �I O N M N LO M � O � O O "r 4 (R "tr Z � � 000_ 0!' 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O N O O "L5 'yC N E W M �" U U Fi F+ N � N Ri O cl4 w- 4- O 0 0 m v c H- a cc x .. p � c) � a? c N m +_' D ,� U U U U � o U 0 U a N M Q v O 7 C1 v E a) m 0 0 O 0 0 rti 0 a) r Y U N t O 0 �4' H � a � � � U R'' © U M ) O $ L NV rNvi -iV5LflF� 066c; 0 rCVc� 466 d � Q 7 M C (� t' i L tfJ LC5 a) N _J Z - ❑ tL 1\X RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1902 SOUTH MAID S'T'REET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GENERAL SHEET METAL, WORKS, INC. WHEREAS,a petition for personal property tax abatement consideration has been filed with the City CIerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1902 South Main Street, South Bend, Indiana, and which is more particularly described as follows: PARC OF LAND BEG APPROX 140' E OF CENTERLINE OF CALVERT & LAFAYETTE ST&BEING PT OF W 1/2 SW '/4 SEC 13-37-2E CONT 1.94 AC +- 573' ON E SIDE LAFAYETTE ST ETC BEG SE COR CALVERT ST CONT APPX 1.2216 ACRS SEC 13-37-2E LOTS 35, 36 &N 18' VAC BOWMAN ST & 14' VAC ALLEY W & ADJ & S %2 vAC ALLEY N&ADJ TO LOT 35 BOWMAN'S 1 sT ADDN LOT 10 & VAC ALLEY BET LOTS 10 11 LOT 11 & EX 15 FT FOR ST STOVER & WITWER ADD LOT 34&E /2 VAC ALLEY W&ADJ&N /2 VAC ALLEY SO&ADJ BOWMANS 1 sr ADD LOTS 18 THRU 22&E'/2 VAC ALLEY W&ADJ&E-W VAC ALLEY BET LOTS 18& 19 STOVER&WITWER ADD and which has Key Numbers 18-8010-0451, 18-8010-046601, 18-8010-0453, 18-8011-048901, 18- 8012-0567, 18-8012-056701,be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seg., and South Bend Municipal Code Sections 2-76 et seq., anal; WHEREAS,the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et M., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6-1.1- 12.1-4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment;and e. The totality of benefits is sufficient to justify the deduction requested. SECTION H. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation,that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby mares such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax 2 abatement only and shall be limited to two (2)calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of(5) five years. . SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 1 Member of the Common Council a tlfGJ` . Vii, tin 5'Q '•J L..-... Ll.yi' I.G4 n Office tl VVV WY CLERK, NOT APPROVE6 3 'ADOPTH3 5° T � 227 W.JEFFERSON BOUI.F.VARD O ;,,i,', (?,�,; Sa� PHONE:574/235-9371 SuiTr 1400 S. �\� '�j�� FAX:574/235-9021 SOUTH BEND,IN 46601-1830 X � y , CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY INVESTMENT SCOTT FORD,EXECUTrVE DIRECTOR Council Member Henry Davis, Chairperson February 21, 2013 Community& Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: General Sheet Metal Works, Inc. Dear Council Member Davis: Please find attached the Department of Community Investment's report on a personal property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the acquisition and installation of new equipment as part of the company's planned increase in productive capacity in its facility located at 1902 S. Main Street. The report contains the Department's findings relative to the above petition. General Sheet Metal Works, Inc, will be purchasing and installing new equipment. The total project cost for the equipment is estimated at$1,730,000. The project meets the qualifications for a(5)five-year personal property tax abatement and a representative from General Sheet Metal Works, Inc. will be available to meet with the Committee on Monday, March 11, 2011 Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-9278. Since,ely, Kathy Hahn Analyst- Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Don Inks A dean DeRose P1ANNINGF,IGIIkiQRHOOp ENGAGEMEN I" ECONOMIC RP.SQURCES JIT1N KAiN { '�' PAM!~IA C.MEYER DONALD E.INKS TAX ABA T'E1 ENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: GENERAL SHEET METAL WORKS, INC. DATE: February 21, 2013 On February 21,2013 a petition for personal property tax abatement consideration forproperty located at 1 902 S Main Street, South Bend,is filed with the City Clerk by General Sheet Metal Works,Inc.Pursuant to Chapter 2,Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend,this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY The proposed project is the purchase and installation of a new Trumpf 3030 CNC laser cutting machine costing $825,000. Using 5' X 10' sheets of steel as raw material,this machine will cut the steel in a very precise manner to manufacture steel products, or parts, to customer specifications. The project serves to increase their production capacity to meet the growing demands of their customers. The Trumpf 3030 incorporates the very latest technologies to maximize speed and accuracy. The second phase of the project will be a CNC Tube Bender manufactured by LVD Company. This machine will expand their capabilities by allowing them to bend steel tube,of up to five inch dimensions, into parts supplied to manufacturers of industrial products. The rollover protection system (roll bars) found on commercial lawn equipment would be an example of a product manufactured by this equipment, RE: Tax Abatement General Sheet Metal Works, Inc. February 21, 2013 Page 2 South Bend Common Council Adding this capability will enable the company to better utilize the capacity of other equipment, already owned, which cuts such tube stock into precision lengths and designs. While the exact specification is pending, the investment is expected to total $675,000. Other equipment being added in connection with the expansion includes a Davi Roll for $100,000 and a Trumpf Electric Press Brake for $130,000. The total project cost is estimated at $1,730,000. Total taxes to be abated during the (5) five-year abatement period are estimated at$17,079. Total new taxes to be paid over five years are estimated at $150,652. Net tax paid is estimated at $863,968. EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will: (a) create 9 (nine) permanent, full-time and 0 (zero)permanent,part-time jobs within the first year,representing a new annual payroll of$389,673 and (b) will maintain 112 existing permanent full-tune and 0 (zero) existing part-time jobs representing an annual payroll of$4,850,000 for existing employees. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has been granted or associated with 4 (four)previous tax abatements: Term/Tune Resolution No. Date 5 Year Personal 3251-03 10/13/03 5 Year Personal 2847-00 03/13/00 5 Year Personal 2672-98 09/14/98 5 Year Personal 2483-97 06/15/97 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Sample-Ewing Economic Development Area. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a (5) five-year personal property tax abatement under section 2-84.2, Tangible Personal Property Tax Abatement. o a ld) C? 0 6 0 0 m y U.) 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C 3 Q (q (9 N Q � t fp m N X X X > ' n Y p N • m w "� w m � m o �c o� m m Z 0 -0 C v U CO m M 2 0 0 N (A x CD CD (n tlJ y O Op X iu N ID LLI M o w in U 03 -j ¢ (9 -1 U � 3 CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, new research and development equipment, new logistical distribution equipment and/or new information technology equipment, all personal property personal property, located within the City of South Bend, hereby petitions the Common Council of the City of South Bend for personal property (new manufacturing equipment, new research and development equipment, new logistical distribution equipment and/or new information technology equipment) tax abatement consideration and pursuant to I.C., 6-1.1-12.1, et sect. and South Bend Municipal Code Section 2-84.2, et sega for this petition states the following: 1. Describe the proposed project, including information about the new personal property indentified as manufacturing, research and development, logistical distribution and/or information technology equipment ("Equipment") to be installed, the amount of land to be used, if any, the proposed use of the Equipment, and a general statement as to the importance of the project to your business a. The proposed project is the purchase and installation of a new Trumpf 3030 CNC laser cutting machine costing$825,000. Using 5'x Z0'sheets of steel as raw material, this machine will cut the steel in a very precise manner to manufacture steel products, or parts, to customer specifications. The project serves to increase our production capacity to meet the growing demands of our customers. The Trumpf 3030 incorporates the very latest technologies to maximize speed and accuracy. (See exhibit D for picture of this proposed equipment] b. The second phase of the project will be a CNC Tube Bender,manufactured by LVD Company. This machine will expand our capabilities by allowing us to bend steel tube, of up to five inch dimensions, into parts supplied to manufactures of industrial products. The rollover protection system(roll bars)found on commercial lawn equipment, would be an example of a product manufactured by this equipment. Adding this capability would enable the company to better-utilize the capacity of other equipment, already owned, which cuts such tube stock into precision lengths and designs. While the exact specification is pending, the investment is expected to total $675,000. c. Other equipment being added in connection with this expansion includes Davi Roll $ 1005000 Trumpf Electric Press Brake $130,000 2. The project will: (a) create 9 permanent, full-time and_0 permanent, part- time jobs within the first year, representing a new annual payroll of$389,673 and (b) will maintain 112 existing permanent full-time and 0 existing part- time jobs representing an annual payroll of S 4,850,000 for existing employees. 3. Provide current wage information for existing employees including: base rate, (Rev. 5113111) 1 cost-of-living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips (please show average hourly rate or range). Do not Include: back pay,jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements. Full-Time Part-Time Laborers $15.65 Technical $16.55 Managerial $54.75 Administrative $24.42 $9.00 4. The projected annual salary for each new position indicated in item 2 above is estimated to be as follows (Please attach a separate sheet if more space is needed) POSI'T'ION (Indicate .Pull time [FT) or Part time (PTI] EMPLOYMENT WAGE Laser Operator(3)FT $43,297 per employee Press Brake Operator(4) FT $43,297 per employee Davi Roll operator(1) FT $43,297 per employee Tube Bender Operator(1) FT $43,297 per person 5. Estimate the total cost of the Equipment: $1,730.000 6. (a) The Equipment is owned or to be owned by the following individuals or corporations (if the business organization is publicly-held, indicate also the name of the corporate parent, if any and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST General Sheet Metal Works Inc. 1902 S. Main St. South Bend IN 46613 100% (b)The following other person(s) lease, intend to lease, or have an option to buy the Equipment (include corporate information as required in (6) (a) above, if applicable): NAME ADDRESS INTEREST none 7. Give a brief description of the overall nature of the business and of the (Rev. 5113111) 2 operations occurring at the location for which tax abatement is requested: General Sheet Metal Works, Inc. is a manufacturer of fabricated metal products. 8. The commonly known address of the REAL property where the Equipment is to be located is: 1902 S. Main St South Bend IN 46613 9. The Key Number(s) of said property is: 18 8010 0451; 18 8010 046601; 18 8010 0453; 18 8011048901; 18 8012 0567; 18 8012 056701 10. A legal description of the REAL property where the equipment is to be located, is attached hereto, marked "Exhibit A," and is hereby incorporated herein. 1 . A map and/or plat describing the REAL property where the Equipment is to be located, marked "Exhibit E," and incorporated herein. 12. Photographs of the REAL property, taken within two (2) weeks of filing of this petition, marked "Exhibit C," and incorporated herein. 13. The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment is $ NONE (This information may be obtained from the St. Joseph County Assessors office 235-9523) 14. The current use of the real property where the Equipment is to be installed is -___Light_Industrial and the current zoning is D (use) and F (height and area). (This information may be obtained from,the Building(Department-235-9553) 15. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES 2008 $75,029 $88,414 2009 $86,593 $113,797 2010 $73,883 $113,902 2011 $76,053 $127,056 2012 $70,027 $110,268 (This information may be obtained from the St. Joseph County Treasurers office 235-9531) 16. Describe the commitment made within the past five years by your firm to hiring (Rev. S/13/11) 3 minority individuals, including number of minorities employed during each of the past five years, specifying whether full time or part-time and whether permanent or temporary employees. The Petitioner shall also list the current number of total employees (full and part-time) and the current number of minority individuals (full and part-time). General Sheet Metal Works, Inc. is an equal opportunity employer, who does not discriminate in hiring, promotion, discharge, pay, fringe benefits, and other aspects of employment, on the basis of race, color, religion, sex or national origin. This information will be provided prior to abatement hearing of March 11, 2013 if information necessary for approval purposes 17. .Describe on-site child care or day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. NONE 18. What is your best estimate of the market value of the new Equipment after installation? $ 1,730,000 19. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? ASSESS 14/PAY 15 $3,271 ASSESS 15/PAY 16 $2,617 ASSESS 16/PAY 17 $1,963 ASSESS i7/PAY 18 $1,308 ASSESS 18/PAY 19 $ 654 20. What is the commitment your firm will make to minority employment during the five years of tax abatement? General Sheet Metal Works, Inc. is an equal opportunity employer, who constantly seeks out qualified employees regardless of race, color, religion, sex or national origin. 21. The Equipment has not been installed as of the date of filing of this petition. (The signature at the end of this Petition is verification of this statement) (Rev. 5/13/11) 4 22. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property), terns and date of approval. (Please attach a separate sheet if more space is needed) ABATEMENT'TYPE TERM ]DATE OF APPROVAL PERSONAL-3251-03 5 FEARS 0/15/2003 PERSONAL- Resolution #2847-00 5 YEARS 03/1/2000 PERSONAL.,- Resolution #2672-98 5 PEARS 9/14/98 PERSONAL-Resolution: 2453-97 5 FEARS 6/15/97 23. The standard Industrial Classification Manual (SIC) or North American Industry Classification Systems (NAICS) major group within which the proposed project would be classified, by number and description: 332900 Other Fabricated Metal Product Mfg 24. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 332900 Other Fabricated Metal Product Mfg 25. The REAL,, property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: Sample-Ewing Development Area 26. Other anticipated public financing for the project including, if any, industrial revenue-bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South .Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund; or other public financial assistance, including but not limited to public works improvements. NONE 27. Describe how and why the manufacturing equipment to be replaced or the facility in which Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues: N/A (Rev. 5/13/11) 5 28. The new manufacturing equipment new research and development equipment, new logistical distribution equipment and/or new information technology equipment to be installed will be used for one (1) or more of the uses listed within the definitions of New Manufacturing Equipment, New Research and Development Equipment, New (logistical Distribution. Equipment and New Information Technology Equipment set forth in I.C. 6-1.1-12.1 et seq. and the Equipment was never before used by its owner for any purpose in Indiana. (The signature at the end of this Petition is verification of this statement.) 29. The following person(s) should be contacted as Petitioner's agent regarding additional Information and public hearing notifications: Name: Jeffrey M. McGowan CPA Tax Representative POA• Address: 210 S. Michigan St., Suite 244 City, State, Zip ode: South Bend IN 466 P 46601 Telephone: 574-289-4011 E-mail Address:jmcgowan@YJcpas.com WHEREFORE, Petitioner requests that the Common Council of the City of South Pend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible personal property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): General Sheet Metal Works Inc. 1902 S. Main St. By: d me I -I x %y er- Jeffrey cGowan, CPA Tax Representative POA (Typed or printed name and capacity of signor if signed by an agent or representative of the owner) Filed in O fIC (Rev. 5/13/11) 6 FEB 2 0 Z0 EXHIBIT A LEGAL DESCRIPTION(s) PARC OF LAND BEG APPROX 140' E OF CENTERLINE OF CALVERT & LAFAYETTE ST& BEING PT OF W % SW 1/4 SEC 13-37-2E CONT 1.94 AC+- 573' ON E SIDE LAFAYETTE ST ETC BEG SE COR CALVERT ST CONT APPX 1.2216 ACRS SEC 13-37-2E LOTS 35, 36 & N 18' VAC BOWMAN ST &14' VAC ALLEY W & ADJ & S '/2 VAC ALLEY N & ADJ TO LOT 3 5 BOWMAN'S 11T ADDN LOT 10 & VAC ALLEY BET LOTS 1011 LOT 11 & EX 15 FT FOR ST STOVER & WITWER ADD LOT 34 & E % VAC ALLEY W & ADJ & N '/2 VAC ALLEY SO & ADJ BOWMANS 11T ADD LOTS 18 THRU 22 & E %2 VAC ALLEY W & ADJ & E-W VAC ALLEY BET LOTS 18 & 19 STOVER & WITWER ADD k Fit C3or '�_ Office 94 (Rev. 5 113111) 7 Exhibit S JIM ;t smna Ave W iniSana AVC fR to � Qi H N E Dutrali&t CA dab St W Dobatt Sc W Dumd 5t n 4 V, 5 N m $ rn �o E Dayton St r €CmY Gt r K Brs'ce 5t �»' 13Ban St Mfian St D.�-La4y orWir�!:t-y tNWyoC 3 ECBIVSAEf ECalveRSI Rw�yK;-,, w Caharl 51 tk Asrg SMI" W Calvert St W Calve St Sel*so' m �c C&p-,e 14-f x SeR[ 5s - dcDu•+a�d.�� t)owaun S: E Bowman fit he � F T W BDWM&A St W D"akf fit W DDMk!St -rt E Donald St s W,D000kil St b Fox St fax St fn Pa$r KLCherx;a{{ W E*vV Ave W Ew Ave W E+aktG Ave Ave ng S.rs Swsc. , ONP Ws- ice St 9enx � Kstser PaAi � E yidtsria St n _ m (Rev. 5113111) 8 � � I 5 O WN jw v �f tt we go y1tr or. fL Ks ffloolo!'� 4 S 1�F4'S k I k g J y Exhibit D 1. TruLaser 3030 (Uo), TruLaser 3040 (L32): Redefining the standard In recent years, the TruLaser 3030 / 3040 has been the most successful 2D laser machine in the world and set the standard for sheet machining_ Thousands of customers trust its absolutely reliable machining processes. With the successor machines, TRUMPP redefines this standard. The TruLaser 3030 (1-20) 13040 (1-32) is a laser cutting machine for machining flat components with a high degree of accuracy. The precision is achieved by a high degree of structural rigidity. The option of equipping the machine with a linearly arranged pallet changer (see figure) or with a pallet charger set up crosswise additionally increases flexibility for the user. x ; q 3 _1 :>b 3 (Rev. 5/13/11) 10 Fig Office STATEMENT OF BENEFITS 1 PP PERSONAL PROPERTY FORM 5B-1 s State Form 51764(R2112-11) n 'a ✓" Prescribed by the Department of Local Government Fine ce PRIVACY NOTICE w - - The cost and any specific individual's salary information is confidential;the C: yr tr balance of the filing is public record C-ITY CLEF14, j-,pOf,�3P.ND,Igo' per tC 6-1.1-12.1-5.t CJ and(d). INSTRUCTIONS: 1, This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and/or research and development equipment,and/or logistical distribution equipment and/or information technology equipment for which the person wishes to claim a deduction. Projects"planned or committed to after July 1, 1987, and areas designated after July 1, 1987,require a STATEMENT OF BENEFITS. (iC 6-1.1-12.1) 2. Approval of the designating body(City Council, Town Board, County Council,etc.) must be obtained prior to installation of the new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment,BEFORE a deduction may be approved 3. To obtain a deduction,a person must file a certified deduction schedule with the person's personal property return on a certified deduction schedule(Fora 103-ERA) with the township assessor of the township where the property Is situated or with the county assessor if there is no township assessor for the township. The 103-ERA must be filed between March i and May 15 of the assessment year in which new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment is installed and fulty functional, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March 1 and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF-1/PP annually to show compliance with the Statement ofBenefrts. (IC 6-1.1-12.1-5.6) 5. The schedules established under IC 6-1.1-12.1-4.5(d)and(e)apply to equipment installed after March 1, 2001,unless an alternative deduction schedule is adopted by the designating body(iC 6-1.1-12.1-17). • TAXPAYER I N FORMATION Name of taxpayer GENERAL SHEET METAL WORKS, INC. Address of taxpayer(number and street,city,state,and ZIP code) 1902 SOUTH MAIN STREET, SOUTH BEND, IN 46613 Name of contact person Telephone number JEFFREY M MCGOWAN,CPA,TAXPAYER REPRESENTATIVE,POWER OF ATTORNEY (574)289-4011 Name of designating body Resolution number(s) SOUTH BEND COMMON COUNCIL Location of property County DLGF taxing district number 1902 SOUTH MAIN STREET, SOUTH BEND, IN 46613 SAINT JOSEPH COUNTY 71 Description of manufacturing equipment and/or research and development equipment ESTIMATED and/or logistical distribution equipment and/or information technology equipment, (use additional sheets it necessary) START DATE COMPLETION DATE Trumpf 3030 CNC laser cutting machine Manufacturing Equipment 04/01/2013 03/31/2015 CNC Tube Bender R&D Equipment Davi Roll Trumpf Laser 7036 Logist Dist Equipment IT Equipment Current number Salaries Number retained Salaries Number additional Salaries 112 4,850,000.00 112 4,850,000.00 9 388,673.00 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 confidential. COST ASSESSED COST ASSESSED COST ASSESSED COST ASSESSED VALUE VALUE VALUE VALUE Current values 13,256,533.00 3,975,650.00 Plus estimated values of proposed project 1,730,000.00 519,000.00 Less values of any property being replaced 0.00 0.00 Net estimated values upon completion of project 14,986,533.00 4,494,650,00 Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) Other benefits: I hereby certify that the representations In this statement are true. ig atu of uthorize esen a Title pate signed(month,day,year) TAX REPRESENTATIVE,POA 02(20/2013 Page 1 of 2 We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution,passed under IC 6-1.1-12.1-2.5,provides for the following limitations as authorized under IC$ i.1-12.1-2. A.The designated area has been limited to a period of time not to exceed calendar years'(see below). The date this designation expires is 8.The type of deduction that is allowed in the designated area is limited to: 1. Installation of new manufacturing equipment; ❑ Yes ❑N o 2. Installation of new research and development equipment; ❑ Yes ❑ N o 3. Installation of new logistical distribution equipment. ❑ Yes ❑ N o 4, Installation of new information technology equipment; ❑ Yes ❑ N o C. The amount of deduction applicable to new manufacturing equipment is limited to$ cost with an assessed value of D. The amount of deduction applicable to new research and development equipment is limited to$ cost with an assessed value of E.The amount of deduction applicable to new logistical distribution equipment Is limited to$ cost with an assessed value of F. The amount of deduction applicable to new information technology equipment is limited to$ cost with an assessed value of G. Other limitations or conditions(specify) H. The deduction for new manufacturing equipment and/or new research and development equipment and/or new logistical distribution equipment and/or new information technology equipment installed and first claimed eligible for deduction on or after July 1,2000,is allowed for: ❑ 1 year ❑ 6 years "For ERA's established prior to July 1,2000,only a ❑ 2 years ❑ 7 years 5 or 10 year schedule may be deducted. ❑ 3 years ❑ 8 years ❑4 years ❑ 9 years ❑ 5 years*" ❑ 10 years" 1. Did the designating body adopt an alternative deduction schedule per IC 6-1.1-12.1-17? ❑Yes ❑No If yes,attach a copy of the alternative deduction schedule to this form. Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved:(signature and title of authorized member) Telephone number Date signed{month,day,yearj Attested by: Designated body .If the designating body limits the time period during which an area is an economic revitalization area,it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.1-12.1-4.5 Page 2 of 2 Kathx Hahn (From: Jeff McGowan <Jmcgowan @klcpas.com> Sent: Wednesday, February 20, 2013 5:25 PM To: Kathy Hahn Cc: John M. Ryal Subject: information for Question#16 on Petition for Consideration Attachments: image001 jpg Kathy, here is the info necessary to complete Question#16 on the abatement application. 2008 2009 2010 2011 2012 Hispanic 11 6 12 16 17 White 119 69 91 118 114 Black 11 5 6 9 10 Asian 1 1 1 5 5 Other 2 2 1 2 1 Total 144 83 111 150 147 Hopefully this is the last piece of information needed,to process this abatement. Thank you. Jeff Jeffrey M. McGowan, CPA, CGMA, MBA Tax Partner L NTONC 210 South Michigan Street, Suite 200 South Bend, IN 46601 phone;(574) 289.4011/#245 fax: (574) 289-4087 Treagury Department Circular 230 isclaimer: Any tax advice contained in the body of this e-mail as well as any related attachments was not intended or written to be used, and cannot be used, by the recipient for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local law provisions. CONFZDgNTIALITY NOTICE: The information contained in this message, including any attachments, may be privileged and is confidential and protected from disclosure. If the recipient of this message is not the intended recipient, or an employee responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify Kruggel, Lawton & Co.,LLC CPAs immediately at (574) 289-4011 or by replying to this message and deleting the e-mail and any attachments from your computer. Thank you. 1 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, CALLING FOR AN END TO DOMESTIC VIOLENCE AND VOICING ITS SUPPORT TO THE REAUTHORIZATION OF THE FEDERAL "VIOLENCE AGAINST WOMEN'S ACT" the Common Council of the City of South Bend, Indiana, acknowledges that recently a bi-partisan majority of the House of Representatives joined the United States Senate in approving reauthorization of the "Violence Against Women's Act" and send it to the President for review and approval; and � Nrfa�, the Common Council notes that unfortunately, domestic violence affects all communities, with data showing that three (3) women die each day from domestic violence which clearly shows that the perpetrators of such violence should be brought to justice; and the federal legislation would give new powers to Tribal Courts to help protect Native American Women, where the statistic reveal that one in three are the victims of such crimes; and the Council recognizes that on February 28, 2013, the Department of Justice's Office on Violence Against Women (OVW) announced that $12.6 million would be made available in grants to twenty (20) communities as part of a new, "consolidated program designed to mare effectively reduce dating violence"; and the Council also notes that in 2004, DOD's Office of Violence Against Women identified St. Joseph County as one of fifteen (15) pilot sites nationally out of 400 applicants, to receive federal financial support to "eradicate all forms of domestic violence"; and that the Family Justice Center of St. Joseph County located at 533 North Niles Avenue in South Bend serves "as a one-stop help center for victims of domestic violence and their children"; where "providers from many organizations—domestic violence victim services, prosecution, probation, law enforcement, medical services, civil legal assistance, chaplains, and other community-based services" are brought together under one roof; and (AXerew; it is reported that "in St. Joseph County, police respond to approximately 8,000 domestic violence calls a year:" with the DOJ estimating that "only 54% of the intimate partner violence is reported to authorities" and that "victims come from all walks of life, income levels, races and religions". 9K;o Ge it mk&&4 by the Common Council of the City of South Bend, Indiana, on the l Vh day of March, 2013, as follows: Section I. The Common Council calls upon the residents of South Bend, Indiana to work together to end domestic violence in our community. Section II. The Council notes that soon the President will be signing into law the recently approved b-partisan reauthorization of the "Violence Against Women's Act" which will expand authority in seeking justice against perpetrators of such crimes. Section III . The Council pledges its support to the many agencies in the City of South Bend, Indiana, who work on a daily basis by providing assistance on crisis intervention, counseling, criminal investigations, spiritual care, prenatal counseling; and the many highly trained volunteer advocates who work on the 24-hour S-O-S Crisis Line, the police officers called to respond to domestic violence calls; who are working to curb domestic violence locally. Section IV . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. — �4 LI-i v) Henry Davis, Jr., 2" District Council Member John Voorde, City Clerk Pete Buttigieg, Mayor of South Bend Filed In NOT APPROVED ny r ny ,0VT11�� -%� it nt h "end \PEACE/, �. Common Council 1865 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 Derek D. Dieter http://www.southbendimgoy President March 4, 2013 Oliver J. Davis Vice-President The South Bend Common Council 4a'Floor County-City Building Karen L. White South Bend, Indiana 46601 Chairperson, Committee of the Whole Dear Council Members: Tire Scott First District I am introducing the attached Resolution to raise awareness about domestic violence in our community, and to support those individuals and agencies and Henry Davis, Jr. who provide daily services to such victims. Second District On February 280' the House of Representatives voted 286-138 and sent to Valerie President Obama the reauthorization of the Violence Against Women Act, which Third District had been approved by the U.S. Senate two weeks earlier. The federal law had Fred Ferlic been allowed to lapse over a year earlier by Congress. The new federal Fourth District legislation would give access to Violence Against Women Act programs to all individuals including Native Americans, gays, lesbians, and immigrants. David Varner Fifth District According to the Department of Justice, the Violence Against Women Act has Oliver J. Davis helped reduce such crimes by approximately two-thirds over the past two decades. Sixth District The website for the Family Justice Center of St. Joseph County notes that risk Derek D. Dieter reduction programs to students in our community have reached "over 20,000 At Large students each school year". It also notes that "presentations and trainings reach community groups, law enforcement and medical personnel rounding out S-O-S Gavin Ferlic comprehensive services". At Large I believe that we, as the elected officials of South Bend should support these Karen L. White proactive measures which are aimed at improving the quality of life in our City. I At Large seek your support of this Resolution. Thank you. Sincerely, Henry Davis, Jr. 2"d District Council Member RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL / JUNK DEALER / RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2013 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on March 6, 2013 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following businesses: Alternative Two LLC 700 W. Chippewa US Scrap LLC 1420 S. Walnut St.(ACME) have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, Recycling Operations Licenses for the year 2013. WHEREAS, the license applications for all above-referenced businesses received favorable recommendations from the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license applications for the following businesses: Alternative Two LLC 700 W. Chippewa US ScraplSB Bailing 1420 S. Walnut St.(ACME) are approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau as evidenced by the Ordinance Violation Bureau Clerk's communication to the City Clerk dated March 6, 2013. Section 11. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Member of the Common Coun I S1*9 Of Hs WIN is only provide g" Council m o Filed in le r '- CMICW "TA -_ Z-,1.3 �. e NO APf>ROVE{"` G x x Office ®f the City Clerk John Voorde, City Clerk March 05, 2012 Derek D. Dieter, President South Bend Common Council 227 W.Jefferson RM 455 South Bend, IN 46601 Dear Mr, Dieter Renewal applications for the operation of Scrap Metal/Junk Dealers/Recycling Operations have been received. In accordance with procedure for the renewal of city business licenses, these applications were submitted to the Police Department, Fire Inspection Bureau, and Department of Code Enforcement for inspection. The following properties were reinspected: Alternative Two LLC 700 W. Chippewa (Fire department) US Scrap LLC/AMCE 1420 S. Walnut St. (Code enforcement) in addition, have received favorable recommendations regarding police, fire,code enforcements' Environmental compliance; also for proper maintenance of the premises and areas outside the fences and the height and condition of the fencing. I will be present at both the committee meeting and the public hearing, I can be reached 574-245-6052 or kfawler C.JSOL)ti,l,E_ndjn.gav if there are any questions or concerns before that time. Sincerely, Ier ' °��e ICareem h Fowl r MR e/Clerk, Ordinance Violation Bureau JOHN�#°ook"I s� i [Firl 'LERI(,SOUTH,a 455 County-City Building-South Bend, Indiana 46601 -(574)235-9221 - Fax(574)235-9173 - TDD(574)235-5567 ---------------------------------------------------------- Mary Beth Wisniewski Janice Talboom Kareemah Fowler Chief Deputy Deputy Ordinance Violation Clerk MW p Kareernah Fowler From: Bob Krizmanich Sent: Wednesday, March 06, 2013 11:48 AM To: Kareernah Fowler Subject: Alternative Two Kareernah Fowler, I just passed the license for Alternative Two, Bob Krizmanich Filed In 4:,. office 0 ENED,IN 1 To: South Bend City Council From: Brian Haygood, Chief inspecto Date: March 6, 2013 Re: 1420 S. Walnut Licensing Issue The property located at 1420 S. Walnut has been brought into compliance. The fence has been repaired and the subject trees have been removed. , 1 Bill No. -13 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 12 ENTITLED CHRONIC PROBLEM PROPERTY REGULATIONS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that on January 30, 2013, Ronald Teachman was sworn in as the 61" Chief of Police of the South Bend Police Department. During his remarks, Chief Teachman listed the nine (9) basic "Peelian Principles" which have become the basic foundation of law enforcement and community policing. The first principle provides that "The basic mission for which the police exist is to prevent crime and disorder". The third principle provides that "Police must secure the willing co-operation of the public in voluntary observance of the law to be able to secure and maintain the respect of the public". The Common Council further recognizes that the U.S. Department of Justice Office of Community Oriented Policy Services (COPS) has developed a wide variety of articles setting forth research and "best practices" on a variety of police enforcement and crime prevention strategies. Consistent with the Peelian Principles, COPS research and research from other communities, the following ordinance has been developed to give another tool for our City. The ordinance advances legitimate public purposes which are designed to protect the valuable services provided by the Police Department. Valued police services should not be wasted in responding repeatedly to problem properties, when other areas of the city are in need of these vital public safety services. We also recognize the need for Code Enforcement to inspect many chronic problem properties within the City. This results in added time and resources being dedicated to repeat visits to chronic problem properties, which detract from the inspectors responsibilities to other properties throughout the City. It is also designed to be a catalyst for the Police Department, Code Enforcement Department and the Law Department to collaborate more effectively together among themselves and with the Common Council and the public, when addressing chronic problem properties. Through the analysis of calls for service, problem locations/properties can be identified. The data on calls for service include among other things the number of calls by hour and day; number of calls by beat; calls which required backup; and time spent by police officer(s) on each call as it is categorized. This ordinance is solutions-oriented so that identified problem areas and the underlying causes of such problem properties are routinely addressed with the support of the community. By abating such problem locations, the time of the "beat officer" in particular would be freed up to provide such needed public safety services in other areas of the City. Chronic Problem Properties Regulations Ordinance Page 2 The following ordinance is believed to be in the best interests of the City of South Bend, Indiana, and provides another mechanism so that actions are taken in a fair and timely manner. Section L Chapter 13 of the South Bend Municipal Code is amended by the inclusion of new Article 12 which shall read in its entirety as follows: Article 12. Chronic Problem Property Regulations See. 13-155 Findings of the Council and Purposes of Regulations. (a) The Common Council finds that excessive calls for service to problem areas, trouble spots, or high-activity areas, place an undue burden on public safety resources, which may result in decreased public safety services being provided to other geographic areas of the City of South Bend, Indiana. (b) The Council further finds that by utilizing enforcement problem-oriented policing strategies, that a corresponding reduction in calls for service and crime prevention should result. (c) The regulations set forth in this Article are designed to protect the overall public health, safety and welfare of the City. They are further designed to help prevent and assist in abating repeat calls for service to the same property or location, which may result in diminished public safety services being provided to other residents and areas of the City. Repeat nuisance service call fees are authorized to be imposed and collected from the owner of the property designated as a chronic problem property. Such fees are intended to help cover costs incurred by the City which are over and above the cost of providing services to properties not so designated. (d) The regulations set forth in this Article are supplemental to other regulations codified in the South Bend Municipal Code and are designed to address chronic problem properties. See. 13-156 Definitions. As used in this Article: (a) Abate shall mean to remedy a condition which constitutes a violation of this Article which is necessary and in the interest of the general health, safety and welfare of the City. (b) Chronic Problem Property is a property which meets the following criteria: Chronic Problem Properties Regulations Ordinance Page 3 1. Has had not less than five (5) valid complaints in sixty(60) calendar days for any criminal offense governed in Title 35 of the Indiana Code, and/or ordinance citations being issued for a violation of the South Bend Municipal Code which occurred on the property and resulted in a police response and police documented call for service; or 2. Has had not less than five (5) letters issued by the Code Enforcement Department in sixty (60) calendar days which sought compliance by the property owner with section(s) of the South Bend Municipal Code; or 3. A combination of valid complaints and/or ordinance citations issued by a sworn member of the Police Department as further addressed in T 1 herein, and/or has been issued letters by the Code Enforcement Department as further addressed in T 2 herein, which together total not less than five (5) in number issued in a sixty(60) calendar day period. In designating a specific property as a chronic problem property, the Law Department, shall review: (i) The number of police documented calls for service, the number of valid complaints and ordinance citations issued by the Police Department to a location in a sixty (60) day period; and (ii) The number of compliance letters sent by the Code Enforcement Department to a location in a sixty (60) day period. Once designated as a chronic problem property by the Law Department, said property shall remain so designated and tracked on a computerized matrix for compliance/enforcement purposes for one (1) year from the date of designation. Said matrix shall be regularly updated and prominently posted on the City's website. Said designation shall only be removed upon action by the Law Department after reviewing documentation from the Police Department and Code Enforcement Department confirming that the subject property has not been the subject of a valid complaint or code violation for a period of not less than three hundred sixty-five (365) continuous days, and that any and all fines and repeat nuisance service call fees associated with the designated chronic problem property have been paid in full. Chronic Problem Properties Regulations Ordinance Page 4 (d) Citation shall mean an act which is prohibited or an offense which is punishable under the South Bend Municipal Code for which a written ordinance violation citation was issued by the Police Department requiring payment of a fine to the Ordinance Violations Bureau. (c) City means the City of South Bend, Indiana. (f) Police documented call far service shall mean when a sworn member of the Police Department is dispatched or deployed to respond to an incident at a specific location as a police response. (g) Police response shall mean any and all police action needed to protect the health, safety and welfare of inhabitants of a property or location where valid complaint(s) have been documented, with such police response being subject to the governing rules and regulations of the Police Department. (h) Valid complaint shall refer to a police documented call for service that a incident took place at a specific property requiring sworn police personnel to be dispatched or caused to respond. The term does not include incidents involving an occupant of the premises as the victim of the crime. Sec. 13-157 Notification of Being Designated by the City as a Chronic Problem Property.] (a) The Law Department shall notify in writing to the property owner that his/her property has been designated as a chronic problem property. Said notification shall be delivered in person by an individual designated by the City by leaving a copy of the notification personally to the person to be notified, by leaving a copy of the notification as set forth below, with such notification being documented by the City in their records; or by sending the notice to the property owner by priority mail which is tracked on line with the City tracking the date said notification was delivered. The notification shall be sent to the property owner's residence or usual place of business which is on record in the assessor's office. This notification shall identify: 1. The property owner and list the specific address that has been designated as a chronic problem property; Indiana Code § 36-1-1 through Indiana Code § 36-1-10 set forth the governing state law provisions for the enforcement of municipal ordinances. Section 2-13 of the South Bend Municipal Code identifies the City's nine(9) executive departments and specifically lists the Law Department, Police Department and Code Enforcement Department. Chronic Problem Properties Regulations Ordinance Page 5 2. The number of police documented calls for service involving valid complaints, the number of citations issued, the number of letters issued by the Code Enforcement Department, or any combination thereof which have occurred on said property in the past sixty(60) calendar days ; 3. The cost incurred by the City for the police documented calls of service to the property; 4. The cost incurred by the City for the background investigation and issuance of letters by the Code Enforcement Department; 5. The individual and his/her city contact information including the name, position, mailing address, telephone & fax numbers and email address to whom the property owner of the property designated as a chronic problem property may contact if he/she has questions regarding the notification; 6. The time period which the designation as a chronic problem property will last and the terms and conditions which must be met for the removal of such designation; and 7. Notice that the costs of future police documented calls for service involving valid complaints, as well as future costs incurred by the Code Enforcement Department for any background investigation and issuance of letters which it may be required to issue which seek compliance of items found in violation on the subject property, which may be assessed against the property owner. (b) Copies of the written notice sent by the Law Department on each property designated as a chronic problem property shall be simultaneously sent electronically to the South Bend Police Department, Code Enforcement Department, Office of the City Clerk and District Council Member who represents the District where the subject property is located. (c) The City deems the owner of the property and the occupants of the property responsible for any and all prohibited conduct occurring upon the premises after receipt of the written notice designating the property as a chronic problem property.2 2 The wording in this paragraph is similar to that set forth in Section 13-75.5 of the South Bend Municipal Code addressing disorderly house regulations. Chronic Problem Properties Regulations Ordinance Page 6 Sec. 13-158 Repeat Nuisance Service Call Fees for Chronic Problem Properties, Notice.3 (a) The South Bend Police Department and the Code Enforcement Department shall file semi-annually with the Law Department and the Office of the City Clerk, a record of the cost to respond to a call for service based on the type of call for service, type of property, type of personnel and equipment. The first filing of said records shall be made on or before May 1, 2013, with all filings thereafter being made on or before the first Monday in January and the first Monday in July. Each department shall use a reasonable and uniform criteria in developing such data and fees for such services. (b) No repeat nuisance service call fee may be imposed against the property owner of a property designated by the Law Department as a chronic problem property without first providing written notice of that designation and the list of fees due to the City. All fees are due and payable within thirty(30) days of the date of such notice. Sec. 13-159 Penalties; Civil Action by Law Department/Dedication of Portion of Fees/Fines to the Law Enforcement Continuing Education Fund (Fund # 220)4 (a) Anyone violating the provisions of this Article shall be subject to the following penalties: I. Collection of Re eat Nuisance Service Call Fees: In addition to the collection of fines resulting from the issuance of citation(s), the Law Department is authorized to bring civil action against any alleged violator of this Article for all unpaid repeat nuisance service call fees. 2. Citations: After a property has been designated as a chronic problem property, the next citation issued shall impose a fine of two hundred fifty dollars ($250.00) and for every citation issued thereafter which shall be-payable through the Office of the City Clerk, (b) Each violation of this Article shall be deemed a separate offense. (c) Dedication of Fines/Fees Collection: Fifty percent (50%) of all fines and fees collected for any violation of this Article shall be deposited into the Law Enforcement Continuing Education Fund (Fund #220). 3 Indiana Code §36-1-3-8 requires fees to be related to the cost of the service so that they are"reasonable and just'. 4 Indiana Code §36-1-4-17 authorizes the City to collect any money that is owed the City,including reasonable attorney fees. Chronic Problem Properties Regulations Ordinance Page 7 (d) Data addressed in this Section shall be summarized on the matrix required in Section 13-156 (c) which is to be placed and maintained on the City's website. See. 13-160 Through See. 13-164 Reserved for Future Regulations. Section II. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication, and become effective on May 1, 2013. Tim Scott, l"District Council Member South Bend Common Council K en L. White, Council M ber at Large outh Bend Co on Council erck D. Dieter, Council Mem or at Large South Bend Common Council �est: John Voorde, City Clerk Chronic Problem Properties Regulations Ordinance Page 8 'AeY& G by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2013, at o'clock . m. Janice Talboom, Deputy Clerk aired&o . by me on the day of 2013, at o'clock .m. Pete Buttigieg Mayor of the City of South Bend, Indiana r .-1 O MAR Td PEED§;NG lao�' APPkov�n ._ a PA55� you T11 O� ,0 '1111,°11/, . � r .qty of South en � .`�• PEaC.B�s�iA '- ; �� n Council x 1865 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 466011830 Fax (574) 235-9173 http://www.soutlibendin.gov Derek D. Dieter President Oliver J_ Davis Vice-President March 4, 2013 Karen L. White Members of the Common Council Chairperson, Committee 4th Floor County-City Building of the Whole South Bend, Indiana 46601 Tim Scott First District Re: Chronic Problem Property Ordinance Henry Davis, Jr. Dear Council Members: Second District The short and long term impact of chronic problem properties in the City of South Valerie Schey Bend jeopardizes needed public services to other parts of the city. Third District Fred Ferlic The City has attempted to work closely with the property owners. Despite such Fourth District efforts, there remain properties which continue to have been repeated number of police documented tails for service, as well as repeated requests for compliance David Varner by the Code Enforcement Department and the Law Department. The result has Fifth District been an ongoing and increasing financial drain to our taxpayers, and a resulting decrease of such public services to others. Oliver J, Davis Sixth Distract The attached ordinance would provide another tool to address chronic problem Derek D. Dieter properties. The ordinance is intended to be supplemental to other regulations At Large currently in place. Gavin Ferlic Several regulations were reviewed in developing the attached ordinance. For At Large example, in Boston "problem properties" are approached in a coordinated multi- department approach. Problem properties are listed on the Boston government Karen L. White website where a chart sets forth the name of the property owner, street address, At Large neighborhood and a summary of reported incidents. Each year an Annual Report is filed summarizing all problem properties. Additional regulations from Owatonna, Minnesota; New Bedford, Massachusetts; Minneapolis, Minnesota; and several cities in the State of Washington were also studied. The "best practices" were selected and incorporated into an ordinance which meets the needs of the City of South Bend. Chronic Problem Property Ordinance Cover Letter March 4,2013 Page 2 In summary, the proposed ordinance: • Would seek coordination and collaboration among the Police Department, Code Enforcement Department and Legal Department as well as with the Common Council and the public in the implementation of these regulations • Would serve as an educational tool which not only seeks compliance but raises awareness throughout the entire city that there are consequences to actions or non-actions of property owners • Would regularly provide a summary of all chronic problem properties on the City of South Bend's website, similar in format to the one utilized in the City of Boston. • Would provide regular updates to the District Council Member where a chronic problem property is located • Would provide a mechanism which is fair and which would become effective May 1, 2013. Newly appointed Chief of Police Ronald Teachman, as well as representatives of the Code Enforcement Department and the Law Department have had the opportunity to provide input into the proposed ordinance. We ask that the proposed ordinance be sent to the Health and Public Safety Committee and the Residential Neighborhoods Committee so that a joint committee meeting can be held. We urge you to support this needed legislation. Thank you. Mast sin �i'm cott, Reside tial Neighborhoods C mmittee Chairperson Karen L. W 'te, Council Member at Large Health u is Safety mmittee Chairperson Derek D. Dieter Council President ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE, CHAPTER 6, ARTICLE 1, SECTION 6-4.4(b)(3); RENUMBERING CERTAIN SECTIONS OF CHAPTER 6,ARTICLE 2; AND ADDING A NEW, RENUMBERED SECTION 6-6.2, CERTIFICATE OF OCCUPANCY,TO CHAPTER 6, ARTICLE 2. STATEMENT OF PURPOSE AND INTENT The South Bend Municipal Code at Chapter 6,Article 1, Section 6-4,4(b)(3)presently refers to a Certificate of Occupancy within the provisions of the Building Code. This section of the Building Code has been deleted. For the safety and protection of all citizens occupying or using public buildings or new dwellings, a need has been determined to incorporate provisions for issuance of a Certificate of Occupancy in the South Bend Municipal Code. NOW, THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH SEND, INDIANA as follows: SECTION I. Chapter 6,Article 1, Section 6-4.4(b)(3)of the South Bend Municipal Code be and hereby is amended to read as follows: (3) Issue or deny certificates of occupancy, in accordance with provisions of the Building Code and Section 6-6.2 of the South Bend Municipal Code. SECTION II. Chapter 6,Article 2, Section 6-6.2, Section 6-63, Section 6-6.4, and Section 6- 6.5 shall be and hereby are renumbered as Section 6-6.3, Section 6-6.4, Section 6-6.5, and Section 6-6.6 respectively. SECTION III. A new Section 6-6.2, Certificate of Occupancy, shall be and hereby is added as follows: Section 6-6.2, Certificate of Occupancy. (ALGeneraL A Certificate of Occupancy._shall be required for all new residential dwelling,new non- residential structures and non-residential structures with renovations over the cost of$10 000 with the exception of a renovation involving life safe, issues. (B) Use and Occupancy. No building or structure as listed in Section 6 6 2(A)shall be used or occupied until the building official has issued a Certificate of Occupancy as provided herein. Issuance of a Certificate of Occupancy shall not be construed as an approval or waiver of a violation of the provisions unlawful to use or deco a any ther ordinances enforced by the Building Department. It shall be of the Budding Codes or of any o occupy building or structure as listed in Section 6.6.2L)without the. issuance of a Certificate of Occupancy. (Q Certificate Issued. After the building official inspects the building or structure and finds no violations o the provision of the Codes listed above_the building_official shall issue a Certificate of Occupancy contains the following: 1. The building permit number, 2. The address of the structure 3. The name and address of the owner. 4. The township in which the structure is located. 5. The name and address of the-general contractor. _ 6. __ The State roject number, if applicable. 7. „The zoning-of the property S. The use of the structure. 9. A statement that the described structure or portion of the structure has been inspected for compliance with the requirements of the codes for the occupancy and use for which the pLoposed occg ane is classified. 10. Any special stipulations and conditions of the buildin ermit. 11. The name of the building official. (D) Temporary Occupancy.,,•„The building official is authorized to issue a Temporary Certificate of Occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official-shall set a time period during which the TempoLM Certificate of Occu anc is valid. (E) Revocation. The building official is authorized to, in writing, suspend or revoke a Certificate of Occupancy basis of incorrect information supplied, or where it i sndet wherever_mined th t the buildn issued or s in error, or on the of_the codes or or portion thereof is in violation of any regulation of the provisions „ _ and/or ordinances. SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Counci W Attest: gg p //nqq'i Faa}��S�'�' kS�le?yy��dC: a Only r�C`�o'� f.A�a r.C” :,,,uvi it a 011'd acuan of W 1 {G0�''g City Clerk Presented by me to the Mayor of the City of South Bend, Indiana,on the day of 2013, at o'clock m. City Clerk Approved and signed by me on the day of , 2013, at o'clock m. Mayor,City of South Bend,Indiana it) clerk'. Isf READING PUBLIC HEARING crry rf.rle VOORDe 3 rd READING IU714 NOT APPROVED REFERRED PASSED fS�t[11y ERs ST.JOSEPH COUNTY/SOUTH BEND 1! ()UTHB BUILDING DEPARTMENT °N +� p 125 S. LAFAYE'T'7T BLVD. �• \••� /�%J a o Sulrry 100 o SOUTH BENT), IN 46601 (574) 235-9554 FAx 574-235-5541 1865 JAMES D.MARKLE,R.A. CHARLES C.BULOT MARK A.LYONS Design/Plan Review Specialist BUILDING COMMISSIONER, Asst.Zoning Administrator March 6, 2013 South Bend Common Council 4`h Floor, County-City Bldg. South Bend, Indiana 46601 RE: Proposed Ordinance Dear Honorable Council Members: Attached is a proposed ordinance amending Chapter 6 by adding a new,renumbered Section 6- 6.2, Certificate of Occupancy. The South Bend Municipal Code at Chapter 6,Article 1, Section 6-4.4(b)(3)presently refers to a certificate of occupancy within the provisions of the Building Code. This section of the Building Code has been deleted. For the safety and protection of all citizens occupying or using public buildings or new dwellings, a need has been determined to incorporate a certificate of occupancy in the South Bend Municipal Code. Your kind consideration of this matter would be appreciated. Sincerely, Charles C. Bulot, C.B.O., C.F.M. Building Commissioner CCB/rkn attachment Flied ..„ � LMAR -U.;:. , ��� �ti,IN ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3801 W WESTERN AVENUE,COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT CURRENTLY THE PROPERTY IS ZONED MU-MIXED-USE DISTRICT AND IT WILL BE CHANGED TO CB-COMMUNITY BUSINESS DISTRICT FOR THE SPECIAL EXCEPTION FOR AUTOMOBILE SALES & SERVICE. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance no. 9495-04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the city of South Bend, St.Joseph County, State of Indiana: Lot 1030&E1/2 Vac Alley& S1/2 Vac Alley LaSalle Park Be and the same hereby established as CB—Community Business District. SECTION II. That a Special Exception for Automobile Sales& Service in a CB—Community.Business District zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approved by the Mayor,and legal publication. Member of the Common Council Attest: 5 _,3 xl� Ol; p m1� �i �Sls ,wf._jtil d @Iii ci=Ja City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,20 , at o'clock m. City Clerk Approved and signed by me on the day of at o'clock M. Mayor of the City of South Bend, Indiana 1ss READING OAS: PUBLIC HEARING 3rd READING CRY C LF.RK,soun4 0,9ND,IN NOT APPROVED RE FERRED PASSED, PETITION FOR COMBINED HEARING City of South Bend,Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance,to grant a Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s): 1) The subject property is located at: 3801 W Western Avenue South Bend IN 46619 2) The property Tax Key Number(s)is/are: 018-4069-2564 3) Name and address of property owner(s)of the petition site: Jose Luis Consuclo 3817 W Western Ave South Bend IN 46619 4) Name and address of contingent purchaser(s),if applicable: None 5) It is desired and requested that this property be rezoned: From: MU Mixed Use District To: CB Community Business District 6) This rezoning is requested to allow the following use(s): Automobile Sales& Service 7) If,applicable,a detailed description and the purpose of the variance(s)being requested: 8) A statement on how each of the following standards for the granting of variances is met: (a)The approval will not be injurious to the public health,safety,morals and general welfare of the community: (b)The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and: (c)The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: 9) If not clearly shown on the Preliminary Site Plan,a site plan showing the requested variances shall also be submitted. 10) If applicable,a detailed description and purpose of the Special Exception(s)being requested: Rezoning the property from MU Mixed Use Business to CB Community Business District—Automobile Sales& Service will enable me to expand the land space available for my car lot located directly to the west at 3817 W Western Avenue, 11)A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed CB Community Business District—Automobile Sales&Service will not be injurious to the public health,safety,comfort,community moral standards,convenience or general welfare because it will allow the business to expand the space that it has to park the vehicles that are for sale enabling the lot at 3817 W Western Avenue to contain the overflow of customer parking from the side street. (b) The proposed CB Community Business District—Automobile Sales&Service will not injure or adversely affect the use of the adjacent area or property values therein because the look and use of the property will be revitalized. Before it had an abandoned building on it and now it will have the expansion of a thriving business in its place. (c)The proposed CB Community Business District—Automobile Sales&Service will be consistent with the character of the district in which it is located and the land uses authorized therein,and provide an already successful business to expand, (d)The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. 12) In the case of a Special Exception,the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions shall be obtained from the office of the Area Plan Commission. 14)Attached,and made a part of this PETITION, is: (a)a copy of a legal description of the property (b)a list of names and addresses of all property owners,and the tax key numbers for all properties within 300 feet of the petition property; (c) 17 site plans;and (d)addressed,stamped envelopes for a]1 property owners within 300 feet of the petition property. PETITION PREPARED BY: Signa r s)of III P operty owner(s)or signature of Attorney for all propwner w- Jose Luis Consuelo .. _ 3817 W Western Ave South Bend,IN 46619 (574)386-5583 j QYf, i,, U,, CONTACT PERSON:(if different) Filed in Gi r� Z_ C'L ft l MBAR JOHN CQ'b°Y CLERK,SOUTI-, END,IN LEGAL DESCRIPTION Lot 1030&E%Vac Alley&S1/2 Vac Alley LaSalle Park Fff�� Office , MAR, -Cx. CITV !J" cels County Parcels Rec PARCELID NAME-1 MAILINGAD I MAILINGCIT MAIL MAILIN PROP—ADD :PROP CITY PRO PROP_Z D INGS GZIP R — P ST 1P 018-4069- LAX BEN& 53540 3719 1 2565 CAROLYN A Pinehurst St South Bend IN 46637 WESTERN South Bend IN 46619 18 3000 BL 018-4068- LAX BEN& 53540 OF 2 2515 CAROLYN A Pinehurst St South Bend IN 46637 WESTERN South Bend IN 46619 3817 018-4069- CONSUELO WESTERN 3817 3,2563 JOSE AVE South Bend IN 46614 WESTERN South Bend IN 46614 317S V1L ADJ 321 018-4068- ANDERSON Wellington WELLINGT 42506 LENORA M St South Bend IN 46619 ON South Bend IN 46619 018-4069- SUPERCLEAN 5222 3903 5 2562 CORPORATION Western Ave South Bend IN 46619 WESTERN South Bend IN 46617 3706 W 309 018-4068- Jefferson WELL€NGT 6 250301 PRUITT DAVID Blvd South Bend IN 46619 ON South Bend IN 46619 MERCADO JUAN FRANCISCO 018-4117- AND MARTINA 310 S Illinois 310S 7 4432 DE LA TORRE St South Bend IN 46619 ILLINOIS South Bend IN 46619 018-4069- 310S 322 $ 255701 GARCIA PABLO Chicago South Bend IN 46619 CHICAGO South Bend IN 46619 TADDEO PETER TSEE 018-4117- TRANSFER P 0 Box 322S 9 4429 NOTES 8195 South Bend IN 46660 ILLINOIS South Bend IN 46619 018-4079- WETTER 411 Chicago 411 10 2867 THOMAS L JR Street New Carlisle IN 46552 CHICAGO South Bend IN 46619 CHOLEWCZYNS 500 The 018-4079- KI NORBERT Esplanade N 11 2868 AND R€TA Unit 105 Venice FL 34285 CHICAGO South Bend IN 46619 HATFIELD 018-4079- DOYLE A AND 411 S Illinois 411 12 2869 JEWEL M St South Bend IN 46619 ILLINOIS South Bend IN 46619 018-4078- 6451 Erie 412 L 142825 HENRY EDMOND Falls Dr South Bend IN 46614 ILLINOIS ST South Bend IN 46619 018-4078- HOCHSTETLER 1001 27th St WELL€NGT 2826 DEVON R E Bradenton JFL 34209 ON South Bend IN 46619 CHOLEWCZYNS KI NORBERT S& RITA J FAMILY TRUST RITA J 500 The 018-4079- CHOLEWCZYNS Esplanade N 3818 15 2861 KI RES LIFE EST Unit 105 Venice FL 34285 WESTERN South Bend IN 46619 CHOLEWCZYNS KI NORBERT S& RITA J FAMILY TRUST RITA J 500 The 018-4079- CHOLEWCZYNS Esplanade N 3816 1612863 KI RES LIFE EST Unit 105 Venice FL 34285 WESTERN South Bend IN 46619 CHOLEWCZYNS KI NORBERT S AND RITA J FAMILY TRUST RITA J 500 The 3810 018-4079- CHOLEWCZYNS Esplanade N WESTERN 17 2864 KI RES LIFE EST Unit 105 Venice FL 34285 AVE South Bend IN 46619 CHOLEWCZYNS KI NORBERT S& RITA J FAMILY TRUST RITA J 500 The 1018-4079- CHOLEWCZYNS Esplanade N 3810 18 2865 KI RES LIFE EST Unit 105 Venice FL 34285 WESTERN South Bend IN 46619 ALSANDERS 018-4117- WILLIE& 3719 W 318S 19 4430 RUTHIE Jefferson South Bend IN 46619 ILLINOIS South Send IN 46619 018-4069- WATSON 2010S 317 20 255302 GRAYLIN D Gertrude South Bend IN 46613 CHICAGO South Bend IN 46619 018-4069- 310S 318 21 2557 GARCIA PABLO Chicago South Bend W 46619 CHICAGO South Bend IN 46619 317 018-4068- ANDERSON 317 WELLJNGT 22 2505 LENORA M Wellington South Bend IN 46619 ON South Bend IN 46619 048-4117- SOUTH BEND 326S 23 4428 SIX LLC 309 S Logan South Bend IN 46615 ILLINOIS South Bend IN 46619 018-4079- 52606 410 24 2874 LUPO HOUSE Highland Dr South Bend IN 46635 CHICAGO South Bend IN 46619 018-4079- SANTACRUZ 419 25 2875 LETICIA 419 S Illinois South Bend IN 46619 ILLINOIS South Bend IN 46619 4105 TfT- 018-4079- OSLER SHEILA CHICAGO CHICAGO 262871 R&DENNIS R ST South Bend IN 466191 ST South Bend 4N 46619 ESCOBEDO 018-4079- FIDEL& LEON 415 S Illinois 415 27 2872 ANA MARiA St South Bend IN 46619 ILLINOIS South Bend IN 46619 018-4078- 6451 Erie 28 2828 HENRY EDMOND Falls Dr South Send 1N 46614 1412 ILLINOIS South Bend IN 46619 018-4069- 310 S 326 29 2558 GARCIA PABLO Chicago South Bend IN 46619 CHICAGO South Bend IN 46619 018-4068- ANDERSON 317 WELLINGT 30 250601 LENORA M Wellington South Bend IN 46619 ON South Bend IN 46619 3801 018-4069- CONSUELO 3817 W WESTERN 31 2564 JOSE L Western Ave South Bend IN 46619 AVE South Bend IN 46619 CHOLEWCZYNS KI NORBERT S& RITA J FAMILY TRUST RITA J 500 The 183000 018-4079- CHOLEWCZYNS Esplanade N BLOCK 32 2866 KI RES LIFE EST Unit 105 Venice FL 34285 WESTERN South Bend IN 46619 3718 W 018-4078- WESTERN 3718 33 2817 POND GARY E AVE; South Bend IN 46619 WESTERN South Bend IN 46619 CORNER ROGER LAND JACQUELINE 3706 016-4078- PACESITTER Western 3706 34 2821 BANK Ave. South Bend IN 46619 WESTERN South Bend IN 46619 18 BLK 3000 018-4079- GARCIA 1338 Poland OF 35 2858 TRINIDAD St South Bend IN 46619 WESTERN South Bend IN 46619 7nL 3000 OF 018-4079- GARCIA 1338 Poland WESTERN 36 2859 TRINIDAD St South Bend IN 46619 AVE South Bend IN 46619 018-4079- IBARRA DIAZ 601 S 3902 37 2860 JESUS Camden St South Bend IN 46619 WESTERN South Bend IN 46619 018-4069- 310S 314 38 255602 GARCIA PABLO Chicago South Bend IN 46619 CHICAGO South Bend IN 1 46619 018-4069- PAYNE 309 S Illinois 309S 39 255902 TRANESHA St South Bend IN 46619 ILLINOIS South Bend IN 46619 016-4069- POWELL 301 S 40 2559D1 REATHA 301 S Illinois South Bend IN 46619 ILLINOIS South Bend IN 46619 SORRELLS ELIZABETH MAE 313 018-4068- %SHEILA 1404S WELLINGT 41 2504 COMBS INDIANA Chicago IL 60605 ON South Bend IN 46619 MI CASA 018-4917- FUNDING 53393 Peggy 314 42 4431 GROUP LLC Av South Bend IN 46636 ILLINOIS South Bend IN 46619 018-4069- JOHNSON ROY L 329 Illinois 329S 43 2559 &JULIE L St South Bend IN 46619 ILLINOIS South Bend IN 46619 018-4069- KERR RAYMOND 1334 Roellce 305S 44 255903 WEBSTER Dr South Send IN 46614 ILLINOIS South Bend IN 46619 018-4069- 611 N 226S 45 2550 PAYTON CARP Jacobs St South Bend IN 46617 ILLINOIS South Bend IN 46617 018-4069- 310S 310 462556 GARCIA PABLO Chicago South Bend IN 46619 CHICAGO South Bend IN 46619 7843 018-4069- BROUSSARD Fennway 309 472552 JOHNNIE Ave Indianapolis IN 46260 CHICAGO South Bend IN 46619 018-4069- 310S 306 48 255601 GARCIA PABLO Chicago South Bend IN 46619 CHICAGO South Bend IN 46619 305 018-4068- DOUGLAS PO Box WELLINGT 49 250302 CLINTON III 8265 South Bend IN 46650 ON ST South Bend IN 46619 018-4117- 2909 W 306 50 4433 CERVERA JUAN Western Ave South Bend IN 46619 ILLINOIS South Bend IN 46619 PLUMP MARGARET 018-4069- JACKSON AND 302 S 302 51 2555 DENNIS Chicago St South Bend IN 46619 CHICAGO South Send IN 46619 018-4117- CERVERA JUAN 2909 W 3023 524434 &ROSALINA Western Ave South Bend fN 46619 ILLINOIS South Bend IN 46619 GRAHAM JAMES 018-4069- &JANIE LOUISE 5111 W 226 [53 254601 GRAHAM Washington South Bend IN 46619 CHICAGO South Bend IN 46619 Filed ggp�a� , j 4 Crry CLERKi SOUTli rs ENDO W E w ` t f E E s rn - 3 i I N m m rD -1 N ^� z z ri o p o o S r i a ru bi m n. °mom m i x m rp a f m i m V, v .S PA Ce-