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HomeMy WebLinkAbout07-28-08 Council Meeting Agenda & PacketSOUTH BEND COMMON COUNCIL MONDAY, JULY 28, 2008 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7:00 P.M. 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL N0. 24-08 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT-OF-WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT N0. 6, IN THE CITY OF SOUTH BEND, INDIANA 33-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE FOR PREAPPROVED PAYMENT OF CLAIMS 8. BILLS, THIRD READING TIME: BILL NO. 24-08 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT-OF-WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA 33-08 THIRD READING ON COUNCIL OF SOUTH CHAPTER 2, ARTICLE MUNICIPAL CODE FOR CLAIMS 9. RESOLUTIONS RTT~T. Nn _ A BILL OF THE COMMON BEND, INDIANA AMENDING 5 OF THE SOUTH BEND PREAPPROVED PAYMENT OF 08-60 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT-OF-WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA 08-61 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 264.02'S. OF 1717 HICKORY ROAD, SOUTH BEND, INDIANA 08-62 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 225 GARST STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FOUR-YEAR REAL PROPERTY TAX ABATEMENT FOR JAMES F. AND SANDRA M. MCCUNE 08-63 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 919 AND 923 NOIRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR RICHARD S. AND MICKI L. KIDDER 08-64 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 4201 LINDEN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A (6) SIX-YEAR REAL PROPERTY TAX ABATEMENT FOR FOXTROT REALTY CORPORATION 08-65 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH $END DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4201 LINDEN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GTA CONTAINERS, INC. 08-66 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 1840 N. COMMERCE DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STANZ FOODSERVICE, INC. 08-68 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DIRECTING A PUBLIC QUESTION ON WITHDRAWAL FROM IURC JURISDICTION 10. BILLS, FIRST READING RTT,T, N(~ _ 43-08 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF LAUREL STREET AND SOUTH OF WESTERN AVENUE CONTINUING SOUTH BORDERING THE PENN CENTRAL RAILROAD 44-08 FIRST READING ON COUNCIL OF THE CITY AMENDING CHAPTER 16, 6 OF THE SOUTH BEND RATES FOR COLLECTION A BILL OF THE COMMON OF SOUTH BEND, INDIANA, ARTICLE 2, SECTIONS 16- MUNICIPAL CODE TO ADJUST OF SOLID WASTE 11. UNFINISHED BUSINESS A. REPORTS FROM THE BOARD OF ZONING APPEALS 1. BILL NO. 08-67 - SPECIAL EXCEPTION - 1911 IRELAND ROAD 2. BILL NO. 08-69 - SPECIAL EXCEPTION - 1129 N. ST. LOUIS 12. NEW BUSINESS A. UPDATES FROM COUNCIL MEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS B. MISCELLANEOUS 13. PRIVILEGE OF THE FLOOR A. PUBLIC PORTION B. UPDATE FROM COUNCIL MEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING 14. ADJOURNMENT TIME: e ~~ ~~ REVISED 5/23/08 '~ ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT-OF- WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA 46614 COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT-OF-WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA 46614, IS PRESENTLY ZONED "LI" LIGHT INDUSTRIAL DISTRICT AND "GI" GENERAL INDUSTRIAL DISTRICT AND CONTAINS AN EXISTING INDUSTRIAL BUILDING AND OPEN PARKING AREA AND STORAGE AREAS. ALL THE PROPERTIES ARE REQUESTED TO BE REZONED TO THE "GI" GENERAL INDUSTRIAL DISTRICT TO ALLOW FOR FUTURE PERMITTED INDUSTRIAL USES INCLUDING A VEHICLE IMPOUNDMENT LOT AND VEHICLE PROCESSING AND SALVAGE FACILITY. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 9495-04, IS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BE AND THE SAME HEREBY IS AMENDED IN ORDER THAT THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: THAT PART OF THE SOUTHWEST AND NORTHWEST QUARTERS OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: A PORTION OF SAID QUARTER SECTIONS INCLUDING LOTS AND VACATED STREETS AND ALLEYS LOCATED IN A PORTION OF THE PLAT OF "OAKSIDE THIRD ADDITION" AS RECORDED IN PLAT BOOK # 9 ON PAGE # 32 IIQ THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICURALY DESCRIBED•AS: BEGINNING AT THE NORTHEAST CORNER OF LOT # 95 OF SAID PLAT: THENCE S. 00°-28'-55" W. ALONG THE WEST LINE OF A 14 FT. WIDE PUBLIC ALLEY A DISTANCE OF 451.29 FT. TO THE SOUTH RIGHT-OF-WAY LINE OF WOODSIDE STREET AS IT PRESENTLY EXISTS; THENCE ALONG SAID PRESENT SOUTH LINE, N. 89°-17'-22" E. A DISTANCE OF 178.23 FT. TO THE WESTERLY RIGHT-OF-WAY LINE SOUTH MAIN STREET; THENCE ALONG SAID WESTERLY LINE FOR THE NEXT TWO (2) COURSES, S. 00°-35'-50" W. A DISTANCE OF 217.27 FT. AND S. 05°-04'-41" W. A DISTANCE OF 400.98 FT.; THENCE S. 89°-23'-31" W. A DISTANCE OF 570.94 FT. (REC. 570.10 FT.) TO A POINT ON THE EASTERLY RIGHT- OF-WAY LINE OF THE CONRAIL RAILROAD (AKA PENN CENTRAL RAILROAD); THENCE ALONG SAID EASTERLY LINE AROUND A 5781.44 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 1127.10 FT. TO THE END OF A CHORD WHICH BEARS N. 17°-53'-25" E. AND HAVING A DISTANCE OF 1125.31 FT. TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF OAKSIDE STREET; THENCE N. 89°-25'-27" E. ALONG SAID SOUTH LINE A DISTANCE OF 88.55 FT. TO THE POINT OF BEGINNING. CONTAINING 8.19 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. 2 BE AND THE SAME HEREBY ESTABLISHED AS "GI" GENERAL INDUSTRIAL DISTRICT. CL`f`TT(1M TT 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 UNCIL ATTEST: Signing of this bill is only to provide an opportunity for public hearing and Council action on this issue. CITY CLERK PRESENTED BY ME TO THE MAYOR OF THE CITY OF SOUTH BEND, INDIANA ON THE DAY OF , 2 , AT O'CLOCK M. CITY CLERK APPROVED AND SIGNED BY ME ON THE AT O'CLOCK .M. DAY OF r 2 i ~ st fi2~~DIFI~ S 1 L-~g PUBLIC HEARIRG 3 rd READING N~3T APP'(~}~5 ~ ~ ~R- S-~z-~~' ~~. MAYOR, CITY OF SOUTH BEND, INDIANA Filed In Clcr~'~ Q~f;ce M ~Y ? g 208 JOi-itJ VOGRuE ciTV c~>:~,~, so. sera, IN. LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST AND NORTHWEST QUARTERS OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: A PORTION OF SAID QUARTER SECTIONS INCLUDING LOTS AND VACATED STREETS AND ALLEYS LOCATED IN A PORTION OF THE PLAT OF "OAKSIDE THIRD ADDITION" AS RECORDED IN PLAT BOOK # 9 ON PAGE # 32 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICURALY DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF LOT # 95 OF SAID PLAT: THENCE S. 00°-28' -55" W. ALONG THE WEST LINE OF A 14 FT. WIDE PUBLIC ALLEY A DISTANCE OF 451.29 FT. TO THE SOUTH RIGHT-OF-WAY LINE OF WOODSIDE STREET AS IT PRESENTLY EXISTS; THENCE ALONG SAID PRESENT SOUTH LINE, N. 89°-17'-22" E. A DISTANCE OF 176.23 FT. TO .THE WESTERLY RIGHT-OF-WAY LINE SOUTH MAIN STREET; THENCE ALONG SAID WESTERLY LINE FOR THE NEXT TWO (2) COURSES, S. 00°-35'-50" W. A DISTANCE OF 217.27 FT. AND S. 05°-04'-41" W. A DISTANCE OF 400.98 FT.; THENCE S. 89°-23'-31" W. A DISTANCE OF 570.94 FT. (REC. 570.10 FT.) TO A POINT ON THE EASTERLY RIGHT- OF-WAY LINE OF THE CONRAIL RAILROAD (AKA PENN CENTRAL RAILROAD); THENCE ALONG SAID EASTERLY LINE AROUND A 5781.44 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 1127.10 FT. TO THE END OF A CHORD WHICH SEARS N. 17°-53'-25" E. AND HAVING A DISTANCE OF 1125.31 FT. TO A POINT OF INTERSECTION WITH THE SOUTH LZNE OF OAKSIDE STREET; THENCE N. 89°-25'-27" E. ALONG SAID SOUTH LINE A DISTANCE OF 88.55 FT. TO THE POINT OF BEGINNING. CONTAINING 8.19 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. F1~~d !61 Cteck'~ C)~ti€~e MAY 2 '~ 2UJ~ au~~+~ vca~=~~ DATE FILED APPLICATION NO. ~ L~ 7 / ' D DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS HEREIN REQUESTED. 1). THE PROPERTY SOUGHT TO BE REZONED IS LOCATED: PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT-OF-WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA 46614 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: ORANGENSAFT, LLC 202 LINCOLNWAY EAST, SUITE 200 MISHAWAKA, INDIANA 46544, PHONE NUMBER (574) 284-2610. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N/A 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: FROM: "LI" LIGHT INDUSTRIAL DISTRICT & "GI" GENERAL INDUSTRIAL DISTRICT TO: "GI" GENERAL INDUSTRIAL DISTRICT 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). PERMITTED INDUSTRIAL USES INCLUDING A VEHICLE IMPOUNDMENT LOT AND VEHICLE PROCESSING AND SALVAGE FACILITY. 6). ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRINTED IN 8 '~" x 11" FORMAT. B 4 SIGNED, ~~: MICHAEL P. MORRIS FOR ORANGENSAFT, LLC 202 LINCOLNWAY EAST, SUITE 200 MISHAWARA, INDIANA 46544, PHONE NUMBER (574) 284-2610. PETITIONED PREPARED BY: DANCH, HARMER & ASSOCIATES 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628, CONTACT PERSON (IF DIFFERENT): PHONE NUMBER (574)-234-4003 Fred in Cler~'~ ~fif€ce MAY 2 9 2GU8 vl}`s'; ~V Y41 ~{{LWa CITY f~LEnK., YU. BI:Pl~, IN. Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 June 18, 2008 The Honorable Council of the City of South Bend 4th Floor, County-City Building ~ ~~ South Bend, IN 46b01 S ~`~ ~ ~ ~ ~ " t.~`~ ~ ~ ` ~~ ~ ~ - Z~`~~ RE: A proposed ordinance and site development plan of Orangensaft, LLC to zone from LI Light Industrial District and GI General Industrial District to GI General Industrial District, property located west of 2801 Main Street, east of the former railroad right-of--way, south of 2729 Main Street, and north of 3107 Main Street., City of South Bend - APC# 2474-08 Dear Council Members: I hereby Certify that the above referenced ordinance of Orangensaft, LLC was legally advertised on Thursday, June 5, 2008 and that the Area Plan Commission at its public hearing on Tuesday, June 17, 2008 took the following action: Upon a motion by John DeLee, being seconded by Karl King and unanimously carried, the proposed ordinance and site development plan of Orangensaft, LLC to zone from LI Light Industrial District and GI General Industrial District to GI General Industrial District, property located west of 2801 Main Street, east of the former railroad right-of--way, south of 2729 Main Street, and north of 3107 Main Street., City of South Bend is sent to the Common Council with a favorable recommendation subject to written commitments limiting all vehicle impoundment, processing, and salvage be conducted within the western buiding. The reuse of the existing buildings for industrial and warehousing is a logical extension and practical reuse of the existing industrial area. The most intense of the industrial uses, with the help of the written commitment, shall be confined to inside the western building. This should help buffer the adjacent residential area from the vehicle salvage operation, as well as minimize the environmental concerns that are associated with vehicle salvage. The proposed parking lot should also help buffer the residential area from the building in which the vehicle processing and salvage will take place. PLEASE NOTE that the Ordinance has been amended by the petitioner to show a location is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a ]ater date to be made a part of this report. Sincerely, ~~ ~ti John W. Byornt JWB:sr Attachment CC: Orangensaft, LLC Danch, Harney & Associates r~is~ta lip C~~r~:'~ ®f~6~e . I 1 ! Ai ~ 8 ~~8 Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2474-08 Owner: Orangensaft, LLC Location: West of 2801 Main Street, east of the former railroad right-of--way, south of 2729 Main Street, and north of 3107 Main Street. Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from LI Light Industrial District and GI General Industrial District to GI General Industrial District to allow a vehicle impoundment lot and vehicle processing and salvage facility. Land Uses and Zoning: On site: The site currently consist of a wooded lot (between Woodside and Oakside) and an existing industrial building. North: To the north is a business zoned LB Local Business District. East: To the east are a few single family homes zoned SF2 Single Family and Two Family Residential District and various businesses zoned LB Local Business District and GB General Business District. South: To the south is an auto salvage facility zoned GI General Industrial. West: To the west is the abandoned railroad and across the railroad right-of--way are two industrial buildings zoned GI General Industrial District. District uses and development standards: The "GI" General Industrial District is established to provide for development of manufacturing and processing facilities or facilities which may require substantial amounts of outdoor storage or outdoor operations. Permitted uses in this district tend to generate heavy traffic and require extensive community facilities. Permitted uses in this district may require extensive amounts of outdoor storage or outdoor operations. The permitted uses provided for in this district should be separated from residential districts or low intensity commercial /mixed use districts by less intense industrial districts. Site plan description: The site is approximately 8.20 acres. The site plan indicated four lots. Lots A and B are reserved for future development. Lot C is approximately 1.60 acres. The site plan indicates an existing 14,000 square foot building. The building contains both warehousing and office space. Lot D is approximately 4.10 acres and contains an existing 80,000 square foot building. The building will be used for auto salvage, warehousing and office space. Variances are required to bring the site into compliance. `The staff has not made a recommendation on the variances yet. A residential buffer yard is being provided between the site and adjacent residential area to the east. Traffic and transportation considerations: Main Street has four one-way lanes. Oakside St. and Woodside St. both have two lanes. Utilities: The site will be serviced by municipal utilities. Orangensaft, LLC #2474-08 Page 1 of 3 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City of South Bend -City Plan, November 2006 Economic Development Policy ED 1.2 Encourage reuse of abandoned and underutilized land and structures. The rezoning is consistent with the Comprehensive PIan's Economic Development Policies. Land Use Plan: City of South Bend -City Plan. November 2006 The Comprehensive Plan's Future Land Use Map identifies this general area as Light Industrial. The rezoning is consistent with the Comprehensive Plan's Future Land Use Map. 2. Current conditions and character: The site currently contains an existing building. The area is a mixture of industrial, commercial and residential in character. 3. Most desirable use: The most desirable use for the property is industrial: 4. Conservation of property values: The surrounding properly values should not be affected by the rezoning. 5. Responsible development and growth: It is responsible development and growth to allow the reuse and improvements to an underutilized and deteriorating building. Recommendation: Based on information available prior to the public hearing, the staff recommends this petition be sent to the Common Council with a favorable recommendation, subject to a written commitment limiting all vehicle impoundment, processing, and salvage be conducted within the western building. Analysis: The reuse of the existing buildings for industrial and warehousing is a logical extension and practical reuse of the existing industrial area. The most intense of the industrial uses, with the help of the written commitment, shall be confined to inside the western building. This should help buffer the adjacent residential area from the vehicle salvage operation, as well as minimize the environmental concerns that are associated with vehicle salvage. The proposed parking lot should also help buffer the residential area from the building in which the vehicle processing and salvage will take place. Orangensaft, LLC #2474-08 Page 2 of 3 Zoning Key SOUTH BEND "SF2" SINGLE FAMILY &TWO FAMILY ~~ SOUTH BEND "OB" OFFICE BUFFER SOUTH BEND "MU" M1XED USE SOUTH BEND "LB" LOCAL BUSINESS SOUTH BEND "GB"GENERAL BUSINESS SOUTH BEND "U"LIMITED INDUSTRIAL ®SOUTH BEND "GI" GENERALINDUSTRIAL N W E S 1 inch equals 300 feet APC # 2474-U8 Orangensaft, LLC #2474-08 Page 3 of 3 Rezoning from: "LI" LIGHT INDUSTRIAL & "GI" GENERAL INDUSTRIAL to "GI" GENERAL INDUSTRIAL 140(1 COUNTY-CITY BUILDING 22,7 W. JEFFERSON BOULEVARD SourH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW PHONE 5741235-9241 Fnx 574/235-9892 TDD 574/ 235-5567 CHARLES S. LEONE ALADEAN M. DEROSE CTTYATTORNEY May 20, 2008 CHIEF ASSISTANTCITYATTORNEY Mr. Timothy Rouse President, South Bend Common Council `~,~ ~ ~ _ ~j 3-- ~~ 4`I' Floor, County-City Building ----~- South Bend, IN 46601 Re: Ordinance Amending Chapter 2, Article 5 of the South Bend Municipal Code Dear Mr. Rouse: On May 12, 2008 the South Bend Common Council passed Bill 22-08 which authorizes the Board of Public Works at the request of the City Controller to make claim payments in advance of Board allowance of such claims. Authority for this procedure is derived from Indiana Code § 36-4-8-14. During the Council's deliberations on Bill 22-08, Council's attorney recommended that the South Bend Municipal Code be amended to codify this authority. The attached ordinance will do just that. I will present this ordinance to the Common Council at its committee meeting and at the public hearing. I thank you in advance for your favorable consideration of this ordinance. Sincerely, ~~/////,,~~~ ~~; Aladean M. DeRose Chief Assistant City Attorney AMD/cw cc: Kathleen Cekanski-Farrand THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE FOR PREAPPROVED PAYMENT OF CLAIMS STATEMENT OF PURPOSE AND INTENT On May 12, 2008 the South Bend Common Council approved and passed Bi1122- 08 which authorized the Board of Public Works upon request of the City Controller to make claim payments in advance of Board allowance of such claims pursuant to Indiana Code § 36-4-8-14. Bill 22-08 authorized this procedure in full conformity with Indiana Statute, and it is now necessary to codify such authority within the South Bend Municipal Code. NOW, THEREFORE, BE TT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section I. Chapter 2, Article 5 of the South Bend Municipal Code is hereby amended to add a new Section 2-50.1 which shall read as follows: Section 2-50.1 Preapproved Payment of CIaims Unless otherwise required by State law (Indiana Code § 36-4-8-14), the Board of Public Works of the City of South Bend, Indiana, on request of the City Controller, may make claim payments in advance of Board allowance of such claims for the following kinds of expenses: (1) Property or services purchased or leased from the United States government, its agencies, or its political subdivisions; (2) License or permit fees; (3) Insurance premiums; (4) Utility payments or utility connection charges; (5) General grant programs where advance funding is not prohibited and contracting party posts sufficient security to cover the amount advanced; (6) Grants of state funds authorized by statute; (7) Maintenance or service agreements; (8) Leases or rental agreements; (9) Bond or coupon payments; (10) Payroll; (11) State, federal; or county taxes; (12) Expenses that must be paid because of emergency circumstances; (13) Fees and expenses related to real property transactions such as the cost of obtaining title information, and the recording of documents; and (14) Other expenses expressly permitted by state statute as amended from time-to-time. Each payment of claim made shall be supported by a fully itemized invoice or bill and certification of the City Controller, and the Board of Public Works shall review and allow the claim at its next regular or special meeting following the pre-approved payment of the expense. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the _ day of 2008, at o'clock .m. City Clerk Approved and signed by me on the day of , 2008, at o'clock . m. i sF F E:AD!~G' ~ ~~ `~ ~ PUBLIC ! ~EP!~!~~G 3 rd 2EAD!~!G r~;~JT ~,PP~C~V~D !~:E~ E.2r~,ER P~,SSED Mayor, City of South Bend, Indiana E~lE~'~ Ell ~~~ti'~:`.'~ ~..~i`€y~ ~~ xY ~ 1 ~ii0~ ~oHI1 `ro0;'7E CITY CLrE~t, St?. EIEhI~, IId. 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 225 Garst Street AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FOUR-YEAR REAL PROPERTY TAX ABATEMENT FOR James F. and Sandra M. McCune WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 225 Garst Street, South Bend, Indiana, and which is more particularly described as follows: Lots 45, 46, 47 & S 33' Lot 48 & W'/: Vac Alley E & Adj to South Bend City and which has Key Numbers 18-8001-0009 (S1/2 lot 48 & Wl/2 vacated alley), 18- 8001-0010 (Nl/2 lot 47 &Wl/2 vacated alley), 18-8001-0011 (S1/2 lot 47 & Wl/2 vacated alley), 18-8001-0012 9N1/21ot 46 & W '/Z vacated alley), 18-8001-0012 (N1/2 lot 46 & W '/Z vacated alley), 18-8001-0013 (S1/2 lot 46 & W1/2 vacated alley) and 18-8001-0014 (Lot 45 & W '/Z vacated alley) 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., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.I-12.1, et se,~c ., and South Bend Municipal Code Sections 2-76, et seg., 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 that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et sec ., for tax abatement. SECTION II. The Common Council hereby determines and Ends the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1- 3. SECTION N. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Axea and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of four (4) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common ouncil rovi~Ce u cfi fifii; E"1 i ert't+ {o p< ~igninb ~ -';~~~a,;nU and Council action on this issue. PRESENTED ~ _Z~-~~ NOT APPROVED ~I~C~ li1 ~~CC~6'S ~~~{C8 ~ u ~ 2 3 2oas JGNN VOGRGE crrr e~e~K, ~o. ~~~~, ~r~. ADOPTED ) 2~)u COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEIARD SOL!TH BEND, INDIANA 46601-183() PHONE 574/235-9371 Fax 574/235-9021 TDD 574/ 235-5567 CCCY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY HL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR June 30, 2008 Council Member Derek D. Dieter, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor; County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: James F. and Sandra M. McCune Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a commercial real property tax abatement petition for the above-referenced petitioner for the construction of an addition to an existing building located at 225 Garst Street. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The petitioner, James F. and Sandra M. McCune, propose to construct a 3,600 square foot addition with 1,350 square feet of office space and 2,250 square feet of shop space. James F. and Sandra M. McCune are seeking afour-year (4) real property tax abatement, and James McCune will be available to meet with the Committee on Monday, July 28, 2008. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5835. Sincerely, ~~..~3•~~l ~~," 1 :(Kathy Hahn Economic Development Specialist Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNE"CY DEVELOPMENT ~ ECONObUC DEVELOPMF.N"F FINANCIAI" & PROGRAM PAMELA C. MEYER L)O NALU E. INS:, MANAGEMENT 5'74/235-9660 574/23$-9371 FLIZA9ETFI LEONARD FAx: 574/.23>-9697 574/35-9371 1200 CouN rv-C,ITY BUILDING 227 W. JEFFERtiON BOULEVARD SOl1TH BEND, INDIANA 46601'1830 PHO;ve 574! 235-937 1 F.ax 574/ 235-9021 1'DD 574/ 235-5567 CPrY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY S~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: JAMES F. AND SANDRA M. MCCUNE DATE: June 30, 2008 On June 30, 2008, a petition for real property tax abatement consideration for property located at 225 Garst Street was f led with the City Clerk by James F. and Sandra M. McCune. Pursuant to Chapter 2, Article 6, Section 2-82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY Mr. and Mrs. McCune own the property at 225 Garst Street and plan on building a 3,600 square foot addition to an existing building to house Mr. McCune's masonry business and provide more rental space for tenants that share the building. The addition will be a steel building with an all brick front and will have 1,350 square feet of office space and 2,250 square feet of shop space. Initial plans call for Mr. McCune to lease a portion of the building until his business grows into the entire building.. The lessees will be Great Lakes Window and Siding and The Sign Shop. The total cost of the project is estimated at $203,500. Assuming a four year abatement term is approved, the total taxes to be abated during that term are estimated at $6,507. Total taxes to be amid during the five-year term are estimated at $61,491. COMMUNI"I'Y DEVELOPMENT ECONOMIC DCVELOPMF.N"F FINANCIAI, ~. PROGKAM PAMELA C. MEYFR DONA(.U L. INK:; I~~ANAGEMENT' 5741235-9C60 574/235-9311 ELIZA6ETH LEONna~> Fnx: 574/235-9697 574/235-`)371 South Bend Common Council RE: James F. and Sandra M. McCune June 30, 2008 Page 2 EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will create six (6) new, permanent, full-time jobs and one (1) part-time job representing a new annual payroll of $180,000. The prof ect will also retain twelve (12) existing, permanent, full-time jobs representing an annual payroll of $350,000. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has been granted or associated with the following previous tax abatements: Term/Type Resolution Number Date 5 Year Real Property 3391-04 October 11, 2004 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for real property tax abatement must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for afour-year (4) real property tax abatement under Section 2-82.1, Industrial Development in the Urban Enterprise Zone and Redevelopment Blighted Areas. 14-Jul-08 James F. and Sandra M. McCune Public Benefit Points Sum mary 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 Y 20 20 B. Purchase Materials from Local Companies Y 20 20 C. Require Employees vs. Independent Contracts Y 19 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits N 0 22 F. Require Pension Benefits N 0 18 G. Maintain Affirmative Action Plan Y 20 20 Sub-total Construction Related: 79 141 4. Waae S Benefit Related: A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 Sub-total Wage 8 Benefit Related: 124 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub-total Workforce Related: 118 152 6. Pav for Municipal Infrastructure:(pointyalues 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: 321 1000 'Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. James F. and Sandra M. McCune. Additional Years of Abatement Multi-family Development Projects: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Development Projects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 321 Base Years of Abatement Additional Years of Abatement: Total Years of Abatement: 4 4 YEAR James F. and Sandra McCune South Bend Portage Township Real Property Tax Abatement Schedule* 11-Jul-08 Tax Key Number 18-8001--0010 Current Assessed Value: 306,200 Estimated Project Cost: 203,5Q0_ ; Current Without 100% 75% 50% 25% Assessed Value: AV & Tax Abatement Year 1 Year 2 Year 3 Year 4 Current Assessed Value 1 0 0 % 306,200 306,200 306,200 306,200 306,200 306,200 Base Assessed Value ,; -~ q ~,~,,~~. _, ~ 6a'~o 172,975 172,975 172,975 172,975 172,975 Less New Abatement Deduction 0 (172,975) (129,731) (86,488) (43,244) Net Assessed Value 306,200 479,175 306,200 349,444 392,688 435,931 Property Taxes: Assume constant tax rate of 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% Gross Tax (tax rate x net assessed value) 13,171 20,612 13,171 15,031 16,891 18,752 Less Circuit Breaker Credit (2,308) (3,612) 0 0 (365) (1,989) Net Tax 10,863 17,000 13,171 15,031 16,526 16,763 Circuit Breaker Cap Circuit Breaker 3.0000% 9,186 14,375 14,375 14,375 14,375 14,375 Debt Service 0.5477% 1,677 2,624 1,677 1,914 2,151 2,388 Circuit Braker Cap 10,863 17,000 16,052 16,289 16,526 16,763 New Combined Net Existing Project Existing & New Tax Tax Year Taxes Taxes Taxes Abated Paid 1 10,863 6,137 17,000 3,828 13,171 2 10,863 6,137 17,000 1,968 15,031 3 10,863 6,137 17,000 474 16,526 4 10,863 6,137 17,000 237 16,763 Totals 43,452 24,547 67,999 6,507 61,491 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. Tax Abatement Schedule prepared for: ~ ~-Jul-os James F. and Sandra McCune South Bend Portage Township 4 Year Real Property Abatement Schedule* Total estimated Project Cost: $203,500 Base Assessed Value: $172,975 Existing AV 306,200 (base assessed value is estimated at 85% of project cost) Assume constant tax rate of: 4.9205% Assume constant SRTC of: 19.4243% Total Taxes Assessed Gross Less Net Percent Tax Tax Existing Old & New Year Value Tax SRTC Tax Abated Abated Paid Tax Paid 1 172,975 8,511 1,653 6,858 100% 6,858 0 12,140 12,140 2 172,975 8,511 1,653 6,858 75% 5,144 1,714 12,140 13,854 3 172,975 8,511 1,653 6,858 50% 3,429 3,429 12,140 15,569 4 172,975 8,511 1,653 6,858 25% 1,715 5,143 12,140 17,283 27,432 17,146 10,286 48,560 58,846 Total Taxes Due During Abatement: 27,432 Total Taxes Abated During Abatement: 17,146 Total Taxes Paid During Abatement: 10,286 -This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual . assessed valuation and the then current tax rates. James F. and Sandra McCune Comparison of Taxes Abated & Paid Before HEA 1001 & After 1001 Existing AV 306,200 New Project Cost 203,500 New Project AV 172,975 Before HEA 1001 New Combined Net Existing Project Existing Tax Tax Year Taxes Taxes Vew Taxes Abated Paid 1 12,140 6,858 18,998 6,858 12,140 2 12,140 6,858 18,998 5,144 13,854 3 12,140 6,858 18,998 3,429 15,569 4 12,140 6,858 18,998 1,715 17,283 Totals 48,560 27,432 75,992 17,146 58,846 After HEA 1001 New Combined Net Existing Project Existing Tax Tax Year Taxes Taxes Vew Taxes Abated Paid 1 10,863 6,137 17,000 3,828 13,171 2 10,863 6,137 17,000 1,968 15,031 3 10,863 6,137 17,000 474 16,526 4 10,863 6,137 17,000 237 16,763 Totals 43,452 24,547 67,999 6,507 61,491 .•~~"` °"'`a~ STATEMENT OF BENEFITS ~~ `' REAL ESTATE IMPROVEMENTS Is-' ~~r Sla;e Form 51767 (R2 ! 1-07) •..-.a„,g' Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box)'. Redevelopment or rehabilitation of real estate improvements (IC 6-1.1-12.1-4) ^ Eligible vacant building (IC 6-1.1-12.1-4.8) 20_ PAY 20_ FORM SB-1 I Real Property INSTRUCTIONS: 1 This statement .must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be • submitted to the designating body SEFgRE the redevelopment or rehabilitation of real property (or 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. (1C 6-1.1-i2.1) 2 Approval of the designating body (City Council, Town Board, County Council, etc.J must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERA/VBD, Whichever is applicable, must be filed with the CountyAtrditor by the later of. (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4 Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF-1/Real Property annually to the application to show compliance with the Statement o(Benefits. (IC 6-1.1-12.1-5.1(b) and IC 6-1.1-12.1-5.3Q)J 5. The schedules established under IC 6-1.1-12.1-4(d) for rehabilitated property and under IC 6-1.1-12.1-4.8(1) (or vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before July 1, 2000. ~ •~ • Name of taxpayer `" a ~. ~~~ Address of taxpayer (number and street, city slate. and ZIP ccdeJ I I ` S 100 . ~- i vr.. 4~ ~ °:.~o ~ ~ ~p ~ Name of contact person Telephone number E-mail address r~ • • • to ~ • • • rr • ~ ~ • • ~ Name of designating body i i Resolution number I LOCatIOn of property Count DL ing district number ! Desonphon of real property improvements, redevelopment, or rehabdda(ion (use additiona/sheets i/necess ry) Estimated start date month. day. year) ~~ j ~0 ~. I:IJ ~ -~~'3`ttc~~~ *~- i5 -~ ~4 ~c~c~i!-;6th ~ ~-`~~~. r ~ 'I ~ ~~:~"<.. ~ ~`~`~ S~~-~-~ V~' ~'~ `~~ t C-~ "~~ ,~ Estimated completion date (monk, day, year) i i3~~ 5 ~~. o~;~. ~- aJ~ ,~F. w~Q~~~SZlS~, ~- 3,t~sE. t,; ~ ~a-3 ~ - o~ . -... . -. Curren) number Salaries Number retained Salaries Number additional Salaries ! t '~ 3bO oao- t a, ~ abo, c~ o~ ~ - '`I 1~o t~0. •.•. . ••. NOTE: Pursuant to IC 6-1.1-12.1-5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE j Current values Plus estimated values ofproposed project Lel ss values of any property being replaced _ Net estimated values upon completion of project • ~ ~• - • ~: ,~ Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) _ i tither benefits i I hereb certify that the representations in this statement are true. i r>~ynatur authorized re.~s~[~a~,ive TUe Fi[~d to Gtr?~'~ office ~uN 3 a 2aog JJ;i1~ `dr^`t;= CITY Gt,c1.~C. „~ •~E:,1~ !'J. Date signed (month, %y°t~'i ~ ~ ~i --Q ~.~ Page 1 of 2 .- ~ :.. We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years ' {see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ^ Yes ^ No 2. Residentially distressed areas ^ Yes ^ No 3. Occupancy of a vacant building ^ Yes ^ No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for years' (see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member ofdesignating body) Telephone number Dale signed (month, day, year) Attested by (signature and title o/ attester) Designated body ' If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under 1C 6-1,12-12.1-d. A. For residentially distressed areas, the deduction period may not exceed five (5) years. •B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C., 6-1.1-12.1-1, et seg•, and South Bend Municipal Code Sec. 2-76 et se .for this petition states the following: 1. Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to your business: ~ hc'"a S iC\~ Sf~-~ ~3 i i- ~.. ~ f ~ Ck ~t~ v~ i- ~,3r~o S-F. C7~'F:C`c. z1- c~ ~~~ S°F. i~lAf~bvs` ~SHop Land Size ~p~~~l acres; Building Size 3(~6~ sq.ft. 2. Describe the overall nature of the business and of the operations occurring at the+`nProperty (a`t~t(AaV,~\ch ad*d`itional sheet if more spac`el.~is nye^eded): `{} 1 \~~'~v t~/"L \ ` `~ JU IU J '~ ~M'A.YJtiv ctk ~~~1/C. ~1~~V 1 - '`fi~ T~~V 1S v ---- ~ ~N ArJ a . ~a`M ~.G1QcS'~'~ ~`J -- C~•.v.vv.~.cC~~~ a~z'>:~~r.,~~q` ~c't~~q\ ~S~'c~s 3. Estimate the dollar value of the project (excluding land): $ a,0~ ~'Sd U 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: $ O`c~ ~(j50 - 5. (a) The real property for which tax abatement consideration is petitioned (Property) is owned (Rev 8/ll!03) 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(%) J~~n~s ~ ~1.c,c.;AC'Ci i00a S• ~~•a~:~lvcl'. )~~ ~I4 (b) The following other person(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); NAM~E~ ADDRESS (-~~~ INTEREST(%) \h~e.vJ•5~ ~p ~'F(~Ps~ ~~5 ~j;t:;; (1~.SS ~ ~~.~AS~. ~~E t~:sW t~C~ i 4'4 C,~~ 6. The commonly known address of the Property is: 7. The Key Number(s) of said property is:r r bo r3 - UO f 1 d ADO i vJb~ - n4 in ~ vo t I - ~b a- - 8. A legal description of the above address is attached hereto, marked "Exhibit A," and incorporated herein. 9. A map and/or plat describing the Property is attached hereto, marked "Exhibit B," and incorporated herein. 10. Photographs of the property, taken within two (2}weeks of filing of this petition, are attached hereto, marked "Exhibit C," and incorporated herein. 11. The redevelopment or rehabilitation project itself will create _~ full-time and 1 part-time permanent jobs within the first year, representing a new annual payroll of $ 1060 _. b00 and will maintain (c3.. existing permanent full-time and .existing permanent part-time jobs including existing permanent full-time minority employment of ~ and existing permanent part- time minority employment of ---- with an annual payroll of $ ~ 3 ~o , o00 .- 12. The projected annual salaries for each new position indicated above are estimated to be as follows (If more space is needed, please attach a separate sheet): (Rev 8/11/03) 2 13. Provide current employment wage information including; base rate, cost-of- living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips. Do Not Include; back pay, jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements (average hourly rate or range): Full-Time Part-Time Laborers - ~. $ t 5 1nc• $ Technical ~ '~ $ t~"t ~.~. $ Managerial - ~ $ ~~.~~; ~,,,r. $ - Administrative • ~. $ ?,5. ~.c. $ - 14. Indicate whether your company provides the following benefits (use Y/N): v~_ Health Care Benefits ;~~ Pension Plan Employer Provided Training (recognized or certified training/educational courses or programs) ~_ Day Care (provide or contribute to the cost of child day care for its employees) ~ Transportation Assistance (provide direct or indirect support and assistance to its employees without private transportation to get back and forth from residence to place of employment) _~ Employer-Assisted Housing Program (provide an employer-assisted home ownership program) {~ Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the Community & Economic Development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 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 (Rev 8i 11103 } Real Property Taxes Personal Property Taxes 3 r ~4 1T~1;i~, s (this information may be obtained from the St. Joseph County Treasurers office 235- 9531) 16. Please list the number of full-time and part-time minority employees for each of the last three years: Year aC~ r ~0_ a~~~ Full Part Full Part Full Part Black 1 i i Hispanic ~ ~ i Asian Indian Other 17. -Does your business maintain an affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: ~~, wc~ 'A-~+ ~qun\ oog4c~uY;l-cjh~ Em(~1o;.,~~ ~tio 'tea iJnt- ~j~e,r;rn~Nati. bRa tti~ -3n•„s t,~ ~~e..~, C~Ce,r ~'~~~: ~oN ~ P~~' ~ Ste, ~~r; kw~ S}~~~5 18. Indicate whether or not your project meets any of the following criteria (contact Community & Economic Development Dept. 235-9335 for information on this section): ~ Conversion to residential use of a commercial "Eligible Building" as designated by the Community & Economic Development Dept. ~ Rehabilitation of a building that is either designated as a National Register or local landmark or is eligible for nomination as one, located in a National Register or local landmark district, or rated as Outstanding or Significant in the most recent Historic Preservation Commission county wide survey. _ct__ Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department ~J Pays for the cost of cleaning up a "Brownfield," which is any site, building facility or complex that has been designated a Brownfield by the (Rev 8/11/03) 4 Community and Economic Development Department. \~ Achieves a physical element identified in a development or revitalization plan that has been approved by the Council 19. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (attach additional sheet if more space is needed): ~p 20. Does your business financially support a Municipal Facility (i.e. municipally owned park, recreation center, cultural, arts, or entertainment facility)? Na 21. Is your company incurring any of the cost of extension or oversizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (attach additional sheet if more space is needed): PJC~ 22. lnformation is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). 23. Information is required on the construction companies that will be utilized for construction of the project. (Please complete the table on page 9 of this application). 24. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owners signature at the end of this application is (Rev 8/11/03) 5 verification of this statement). 25. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAILS) major group within which the proposed project would be classified, by number and description: 26. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: G Ce~ Iri~~ ~~Sc,svr~ ~` ar.frt~~,~~s/~ 27. The current use of the Property is W ~~'~-~^?~ c. and the current zoning is ~,_ (use) and (height and area). (This information may be obtained from the Building Department 235-9554). 28. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property) and date of approval. ~~ ~~1 lro try - ~e~~b~.~ ii, dopy ~ `~ 29. Other anticipated public financing for the project including, if any, industrial revenue-bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, 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, Neighborhood Business Development Corporation, Corporation for Entrepreneurial Development; or other public financial assistance, including but not limited to public works improvements. ~~ ~rF 30. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: (Rev 8i11'0i) 6 Name: ~~~~tv.iS ~ ~~\~..~,~~~, Address: ~ao~. ;. \.,~~b~~~-~.-~\,ra- ~t,;.. ~ City, State, Zip: ~ov+-l~ ~~~ ~'~, ~~~'a~~° i Telephone: r~~ y _ ;~~~ _ ,~ X03 31. Please indicate.the name, address, and telephone number of the person who will work with Employment Training Services (ETS) for employee recruitment, and sign the ETS form attached to the petition if the real tax abatement is for warehouse or industrial developments. Name: J ~~~ ~- ~~C ~ we Address: \oc~~ 5~ ~~~ ~L ~.tt~ ~7 v~-~ . !~E . j City, State, Zip: 5~:,~~• ~~.N a, ~'' '`4 c~c~ ~ t Telephone: 5~u~ ~~,~{- ~~(~ WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): ~~ ~~~- By: ,__ , igned Name) .(Typed or printed name and capacity of signor if signed by an agent or representative of the owner.) Ft{ed Its ~!~~~'~ ~}fic~ JUN 3 0 2068 JC,~t3 VCDF;DE CITY CI.E~X, E0. Bii+D, I?d. (Rev 8/11;00 7 22. In the following chant please indicate companies that were used for purchasing materials used iri the construction or rehabilitation associated with the project. Include the location of the company, description of the materials, and cost of the materials. Local companies include those located in St. Joseph County. Additional information may be requested for verification of this information. (If more space is needed, please photocopy this page) ' % Of Name and Address of Company Description of Materials Cost of Materials Grand Total Local Companiesr~(see above): n c ? +' J'~ ,~L It. l~~ X00 ~ ~y ~~~ 1.~~L; ri1\ CLC1?L•C~`c~E.~ ~~1'IJP~~' I~~i ~~'nl~^ ^,-W ~l(~ri3o J~~''1 l~tiiCJl~'} 119:U~.`~.I~.'{' .LN~Pi~!' ~P ~ "fir k'rr 2: ~'w. ~ cal- ~la~~, J{+~.'S Yh;Sh~WnKA Aga. ~ - i -7~~r 1 ~ b` ~ 3,~oa " r~,~ !a 3'-~'m~ ~h~~i a~~s 61-w~Q '~-aw ~. ~~-rk~~tio,~ r~ uc,l~a ~ ~I ~~oo - 3.~'l0 5. ' 6. 7. 8. 9. 10. ~ ~ 0 r --~ % pd °~ Total Local ~ °l° Non-Local Companies: ~ 1. 2. 3. 4. 5. Total Non-Local GRAND TOTAL ~~`; ~~ ~';~rk'~ Oi~eca ~'~~~-~ '.H j. JUN 3 0 2008 ,, acHrl vec,~~1 CITY CLcfii:,^•,`~. ~=~1C, !~. /r~o °~° 8 (Key 12/29/06) 23. In the following chart please list the companies that will be used for the construction associated with the project. Indicate the name and address of each company; list the dollar amount of the work to be provided b_y each company; indicate whether or not 100% of the workers are employees of thaf company and not independent contractors; indicate whether or not the company pays workers wages that meet the wage rates for each classification of laborers and mechanics published by the U.S. Department of Labor; indicate whether or not the company contributes to a health plan for its employees; indicate whether or not the company contributes to a pension plan for its employees; and indicate whether or not the company maintains an affirmative action plan or other similar plan to achieve racial diversity. Local companies include those located in St. Joseph County. Additional information may be requested for verification of this information. (If additional space is needed, please photocopy this page). 100% Workers Pay Maintain are Employees U.S. Dept. Contribute Contribute AfTrrroli~e Name and Address of Contract (Not Independent Labor Wage to a Health o a Pension t Action Construction Company Amount Contractors) Rate (YIN) Plan (Y/N) _ Plan (Y!N) Plan(YIM Local Companies (see above): 1.'(~',,cci ll `i r,~~~Ei~ ~~.b . ~og ~+iq ~ $5000 + ~~ /V~ U S ~,}~S U ! ~ . . ~ 2. ~ h~~~~-~, ~;~. X550 3. ~. w;W ~;F~ ~t~ dc;d~ Y~n:sh~~,~~~, ~~ ~ 3,~cA.' `~~ ~° Na ~~ r~~ 6. ~,ow4. ~~ wr,, ~.~ 4(p1v15 8. ~~C~'c ~A`~~Nr- Zti'C.. 1~. S. ~,rRA ~-~ ~ 0 ~•~ r ,S' ~ ~~5 L c~ 9. ~ Sov~~'~.n,o,Ztv~t4ccia 10. ,3 Total Local Non-Local Companies: 1. 2. 3. 4. 5. Total Non-Local Non-Local Companies: p GRAND TOTAL Non-Local Companies: Total Project Cost from Petition Difference (Please explain): JUN 3 0 2008 dral?c7 VvUF3E clrr cl.~:,,~, so. ect~~, ~rl. 9 (Rev 12/29(06) 5 (. SOSEPhi COUNTY ~~~ L ~~~ ~ ~~ ~ ~~ ~ ~~ ~~ C SY S-R^OTE BOARD OF ACCOUNTS 2G T;~' Repented 11/08/2007 10 40 AM „ _ - _ ___ _ __ __ . _ _.__ j -- "' - ~ _ ~~" ~~ ~T PROPERTY TYPE BiLLEU MORTGAGE COMPANY PARCEL NUMBER DUPLICATE NUMBER f ....01.8 8001 0010 ' 96562 _. .L.+~~9y~DtB 2007 ~ l2eei - _. .. - _ - I _____._ _ ..... -..._ .. ~_ _ .............. ... _. -_- TAXING UNIT NAME ~ I TOTAL TAX RATE ~OMESiEAU CREDn :. REFLACEMI_NI C~ZLDn'KA ii STATE PARCCL IO , 7 t -08-13 1 G2-011.000-026 South Bend _ I~ortage _ ~ 4 9155000 I t 9.42 00 _..._ - - I _ _. 4 _. GkOSS VALUE RESIDEN iIAL VALUE TOTAL EXEMPTIONS t NET TAXABLE VALUE ~ GROSS TAX ~: CREDITS TOTAL Nct '. ~x x. i 258,900- i lit 47 300- L 207,150 49 4,868 80 945.73 PTRC 3,923.07 __ __ - _ ._ _ ......._._ _ , -__- ----- - ~--- - _ _ .4~ 1 _.._.....__-----------__... ___ __ _ _ _ _ Lots 45,46.47 & S33' lot 4ts g W' 1/2 VE,c Alley E & Adl South Bernl City SEF THE BACK OF TAX STATEMENT FOR ADDITIONAL INFORMAL"iON VISIT UUR WEB PAGE AT www stjosephcountyindiana.com/treasurer FUR INFORMATION REGARDING: --SATELLITE LOCATION PAYMENT DATES AND TIMES --PROPER fY TAX PAYMENT LOCATIONS --HOW TO READ PROPERTY TAX BILL --ST JOSEPH COUNTY TAX RA:fES -T'REASURER'S TAX SALE Mccune James & Sandra 2421 Bay Pointe Dr Saint Joseph MI 49085 Delinquent Tax: 0.00 Delinquent Penalty: 0.00 Penalty & Fees: 0 00 Adjustments: 0.00 Less Payments Received. 0.00 Other Assessments Current Tax Delinq Tax Delinq Pen Total 0 0o a.oa o 00 0 00 Current Account Balance: 3,923.07 Exemptions Amount Distribution of Current Year Taxes EX: 207,150 State. REHAB 1.92 _ County: 365 6t Welfare: 329.6:? Township 22.75 School: 1.230.59 Library 156.19 City Or Town 1,679 6S Redev. Dist.: 49 Ot~ Airport: 22.11 Transpo 65 .5i Property ~A.ddress: South Bend iN 4$824 :;PL~ASEMAKEADDRESSCORRECTIONSONBACKOFFORM: ST.JOSEPH000NTYTREASURER; _~ygEE;PENAl.TYCALCULATIONSCHEDULEONBACK. v: ENCLOSE SELF-ADpRESSED STAMPED ENVELOPS EDR RECEIPT. '> '~':'•i' P.O: BOX 4758 ~:~`~' ~'-~rr: ~' "~t ~ - : -~ SOl7TH SEND, IN 46634.4758 " ~~ `~ ~ ~~- ~~~i-l:i t:~ t.; tta:: .t Y Yc.<iY ti'-f ry J U PI 3 IJ 2008 ~'^. IS MAKE CHECKS PAYABLE TOc- :, RETR~4CEMENT SURVEY SURVEY ORDERED BY: COMMUNITY & ECONIMIC DEVELOPMENT SURVEY DATED: 9/7/04 PROJECT NO.: 040293 A O 0 SET P. TL 07 W a E ~I ~ n N Y J 3 FOUND PED IRON S0318 z > '~ a0 ~ ~~ M ~ Uj r r = > ~ N~ ~ ~~ Cc • I ~ FOUNO CAPPED IRON S0318 inl M N CODU) NOT SEf TRAILER ON CORNER W X--X--X--~R~ cnX-LLt~=L)( W O ~ f0 ~ FE~:CE L'D:E ~ O ~ ~ r7 ~~ ~ JI ~ I o ~ F- C~ ~ 4.87' w I CONCRETE :; overt UNE r v k'~ .-: ~ 3.61' ~ p ~ vER uNE `° W !~~ ~ C] `° I Cj W c0 t0 ~ ~~ ~~ ~ Wt ~ M - N F- I` I O _ __ -}-- - I (- 0.44`- z (~ OVER UNE Su~~ P~CEL ~ •_• r W 0.91 ACRES f ~OI LJ LJ ~ I '~ ~ I ~ o ~` :~ ~~ . t° W C r7 ~ O `J ~ I a_ I I = ,^ YI -_ ~ - - ~ b~~Vfit UNE I o I ~~ t-~1 I/)I - ^ ~ o o ~~ I 0.78' `D '° t7 W ~~~ •` OVER UNE ~j (j 1.- ':CONCRETE`-''~-'~ - • ~ ~, ' - _ - ~' : ~~ := FOUND IRON FOUND IRO _~"_-•'":~~'i - s2~T:r=- R/W L1NE WALK • ~ 7 ~ .$9 'CONCRETE= ~ ~ -~ .. -~~ GARST STREET 82.5' R/1'Y ~ ~ o® " - FOt1ND IRON PIPE -_'~'y' SEi IRON PIPE W/CAP o SEi WOOD HUB REVISED 9/21/04 ADDED FENCE'S AND CONCRETE MBIGGS D_ianc~HarKerdtAosocicctefl, lnc. Land Surveyor? °rofassional Engineers ') Landscape Arcllitects• Land Planners Office: (574)TJ4-4003 / (800)594-4003 • Fax: (574)234-4119 / ~ 2422 Viridian Drfve, Suits 201 . South Band, IN 46628 ~,~' SITE F~L.A,N C7F~?'ION FOF~ WHEEL Ea RItNI F~RONERTY '1D--09~82 ..Indiana Lar~~d T"i ~~ l e Sunvey Revised 06'11°93 t 571 Yin '~~'. q`':;,- t :>,o j rF fi: ~ if t ''f- '. 't t;; , SUAY'EY ORDF.AED BY: Drt'-+~Ti~ct:T +;; ri•rciu`!I~ DCVELOrt•t~NT• SURVF_•Y OATED: August Z`., !9^~ PRrJJCCT 1J0.: 69Z09t), ;lis;:DS~tior; P3rCe1s .S/9 L 1C . _ _. _.. _- .-- .._ .-- -_-. __1 ~ L-___ ___ ._._ ..~_ _.__,_ D a ~ ~~I ~ N.89'tt'03'E. r S-I 17~I"~2E'iREC. 172. 1 ~1 m '' . _ o . ............ ....... ....... ., . r a eel & Rim Bldg. r rl ~ u ~~ K . // w o .........0.9125 Ac..... ~ ~ ~ 17 .I ~" 3 . ............... L .l~. ~ #~ ~ .{ !~ H N .tom << 75 PFR1aNG STALES vi N 171.90' 'i i' R/W Ih~ `,'' -i T1.a1:~ '~ ~ •~~+: •_5~.'n'IC`_'4Z._. . e I' 1 REC. ~_p~~ovlhwt:l co~nr ol•tdl_`~~is ,~• :poTy . ' lhies~~c6m.. ~ ~ ~ dLvl/7G O t r-.' c°v F~-;:;~ OARST S`i'RElr7 -PA ~= ; 2 ~ I ' ~1~ NOTE: IMPROVEMENTS SHOW>t ON PARCEL 'd' ARt PROPO:ED ANU NUT EXISTING. O'IR9N SEf rl DpART;`{EIY( OF ECt7t~Ct•UC UctiELOFT1Ef;T ~~~~,~ ' H. OovDlis. Prlrer, as a FeD:strrr0 Caa~ Svrreror In the State o; f i dlana and HER CERTIFY: That t hi+s servayad Che Lands hataon ~ escr!l:ed d nt. rtl: That t~1/s plat IS a tr/r rrprsscntatlon of aalC ~~;-b~6islf~:'• ~ scrs'ry' lrltl rror a( C/asura leas na 4rsa:rr than t to Z0, 000: f 1 rY chat r ns u ~ Dt: 0 or sat at all Dclr,ls a:rkrd thus 'o•: That thrra HO, ecai~ t :ra I I1CA0 CHI ll/S otnrr fhan as shcirr... Sigi6 l Lr r ~ CF __ __ _ a ......•~~ ~~- •----- ....~ suav H Oov,Ilas s/rcr C. S /nd/a~a Rap. S 03111 - - - - Pe 1 rce ~ AS~OC i ates, 1 nc. ~ 1_and SurveYers !.-_~rotessl6nat Engineers 3231 SUgor I•la;.~le Ci. • South Bend, lndlans Jford 2igr`~,;4-400.3 Yahoo! Maps - 225 Garst St, South Bend, IN 46601-3319 Yahoo! Maps - 225 Garst St, South Bend, 1N 46601-3319 Msps W BensonSt ~ ~, ftrcn:cn 5t . ti+ i ~ ~' ~ 3' ~~ c _F; ~ ~' ~ ~ - .~. ~t^ '*a t` ..,~„ Kr~cr _.+ St GvrSt ... ,~' 5t ', ;~~ 2` ~....++ Caltr~r ~r`~ ... ._. E~ r rs :^ ~ _~ S+~ r11 tUtY3 it _... ~ "fUlt ~t r W~amp~St ~ 933 E,~tmplt5t~` ...Ohx~ St Garrtili '~ ee ~ .. Lean?ohnson 6kr3 c. 31 ~- -„ v t b ~ ~ ~dOnCa~' Rd° Wenger 5t c ~; Pthrnsytvan~ A+~t ^: ~ Is ~ ... ~ _ _.. E Broad~,•~ay St . W BroadtitiaY $t = ~ .. •- r a ~ N ~ ~ ~ :` j ~-. 1, .. ~ -_ ~Yahoo!~008.Data':NAVTEQ24D8 When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follovr all traffic safety precautions. This is only to be used as an aid in planning. Page 1 of 1 http:iimaps.yahoo.com/print?ard=1 &v3=0&.intl=us&&mvt=m&tp=1 &stx=&clat=41.663582&clon... 7/9/2008 CITY OF SOUTH BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2-83.Z of the South Bend Municipal Code, the Petitioner referred to herein agrees to work with WorkOne Northern Indiana, 851 South Marietta Street, South Bend, Indiana 46601, as a condition of receiving property tax abatement. Petitioner's Name Agent's Name Acting on Behalf of the Petitioner Contact Person Street Address City, State, Zip Code ~~y- ~~- y~~3 Business Telephone Number ~~~~~ ~~ S' nature of Petitioner JUI~! 3 Q 2QQ8 JC;t! VC'atikE cc: WorkOne Northern Indiana cmrc~t~,~~,~c.3~~~!^,-~• Chairperson, Community and Economic Development Committee Department of Community and Economic Development City Clerk's Office 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 919 and 923 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR RICHARD S. AND MICKI L. KIDDER WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 919 and 923 Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: Lot 127 of Sorins second addition and this property has Tax Key Numbers 18-5107-3780 and 18-5107-3779, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seQ., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, 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 a Residentially Distressed Area under Indiana Code 6-1.1- 12.1, et sec ., and South Bend Municipal Code Sections 2-76, et se ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required bylaw; 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 a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et se ., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufEcient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. 2~ E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (S) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council Signing of this bill is only to provide an cpportunity fcr pablic hearing and council action on this issue. PRESEhITED ~ -~-~'°~ 1vOT APPROVED ~,DOPTED ~f(~d !r°~ Cferk'~ C~fr6c~ J U L 2 3 2008 JGi.~d V~~:,~'sCE 1200 CouN~n~-Crty BUILDING 227 W. JEFFERSON BOULEVARD Sou'rrt BEND, INDIANA 40601-1830 PxoNE574l235-9371 Fax 574/235-9021 TDD 574/235-5567 CI"I'Y OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR July 2, 2008 Council Member Derek Dieter, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: Richard S. and Micki L. Kidder Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by Richard S. and Micki L. Kidder to build asingle- family home at 919 and 923 Notre Dame Avenue. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build asingle-family home at a cost of $415,000. The project meets the qualifications fora (5) five-year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, July 28, 2008. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5835. Sincerely, ~athy Hahn Economic Development Specialist Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeffrey Gibney Don Inks COMMUNITY DEVF.LOPMEN"F ECONOMIC DEVELOPMENT FINANCIAL SC PROGRAM PAM Et,A C. METER DONALD E. INKS hIANAG EM F.NT' 574/Z35-90,60 574/Z35-9.371 ELIZABETFI LEONARD FAX: 574/235-96`l7 574/235-9371 1200 CouN"rr-CIrY B~ICDiNc 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDlAN.Y 46601-1330 PHONE 574/235-9371 FAx 574/235-9021 TDD 5741235-5567 Cfi'Y OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: RICHARD S. AND MICKI L. KIDDER DATE: July 2, 2008 On July 2, 2008, a petition for residential tax abatement consideration for real property located at 919 and 923 Notre Dame Avenue was filed with the City Clerk by Richard S. and Micki 1. Kidder. Pursuant to Chapter 2, Article 6, Section 2-77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition, investigated the area, and makes the following report. PROJECT DESCRIPTION Richard S, and Micki L. Kidder intend to construct a 2,800 square foot, single-family, owner-occupied home. The home will have three bedrooms and three bathrooms with a kitchen, dining room, library, laundry room, and mud room. The price of the home will be approximately $415,000. Total taxes to be abated during the (5) five-year abatement period is estimated at $2,216. Total taxes to be paid during the (5) five-year abatement period is estimated at $21,976. COMMUNITY DEVELOPMENT ECONOMIC DL-VELOI'MEN'T FtNANC1AL St PROGlG1M PAMELA C. MEYEit DONALD E. INKS MANAGEMENT 5741335-9000 574/235-9371 EuzAneTN LEONA2D FAx: 574/?35-9<,97 574/235-93?I South Bend Common Council RE: Richard S. and Micki L. Kidder July 2, 2008 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been associated with or been granted any previous tax abatements. 2. The Building Commissioner has reviewed this petition and finds the properties 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 Northeast Neighborhood Development Area, which is a Tax Incremental Allocation Areas; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is required. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications fora (5) five-year residential tax abatement under Section 2-77.1, Single Family Residential Construction. 5 YEAR 8-Jul-08 RICHARD S. $< MICKI L. KIDDER South Bend Portage Township Residential Real Property Tax Abatement Schedule` Estimated Project Cost: Assessed Value: STRUCTURE (% AV of cost) 85.0°l~ LAND Value X0,000 _ Gross Assessed Value Less Mortgage Exemption Less Homestead Deduction Less Supplemental Homestead Deduction Base Assessed Value ~~O.~Q Total Taxes Tax Abated** Tax Paid*** 352,750.00 352,750.00 352,750.00 10,000.00 N/A N/A 362,750.00 352,750.00 352,750.00 (3,000.00) (3,000.00) (3,000.00) (45,000.00) (45,000.00) (45,000.00) (110,162.50) (110,162.50) (110,162.50) 204 , 587.50 194, 587.50 194, 587.50 Less Maximum Abatement Deduction Less Non-Abated Amount Plus Land Assessed Value Net Assessed Value Property Taxes: Assume constant tax rate of N/A N/A (74,880.00) NIA (119,707.50) N/A . N/A N/A 10,000.00 204,587.50 74,880.00 129,707.50 4.3592% 4.3592% 4.3592% Gross Tax (tax rate x net assessed value) 8,918.38 3,264.17 5,654.21 Less State & County Homestead Credit: 0.4625% (946.22) (346.32) (599.90) Tax Due Before Circuit Breaker 7,972.16 2,917.85 5,054.31 Less Circuit Breaker Credit {3,133.71 } (2,474.63) (659.07) Net Tax 4,838.45 443.21 4,395.24 Circuit Breaker Cap Circuit Breaker 1.0000% 3,627.50 3,527.50 3,627.50 Debt Service 0.5919% 1,210.95 443.21 767.74 Circuit Braker Cap 4,838.45 3,970.71 4,395.24 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 204,587.50 4,838.45 443.21 4,395.24 2 204,587.50 4,838.45 443.21 4,395.24 3 204,587.50 4,838.45 443.21 4,395.24 4 204,587.50 4,838.45 443.21 4,395.24 5 204,587.50 4,838.45 443.21 4,395.24 5yeartotals: 24,192.27 2,216.07 21,976.19 'This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. "Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. "'Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. ESTIMATED TOTAL TAX REVENUE RICHARD S. ~ MICKI L. KIDDER LAND" BUILDING" TOTAL Year 1 $789 $3,606 $4,395 Year 2 $789 $3,606 4,395 Year 3 $789 $3,606 4,395 Year 4 $789 $3,606 4,395 Year 5 $789 $3,606 4,395 Total $3,945 $18,030 $21,975 "Current tax levy **Additional tax revenue from new investment o ~ f ~~; STATEMENT OF BENEFITS ( ~~'~"yy REAL ESTATE IMPROVEMENTS ~, l State Form 51767 (R2 / 1-07} ~~_~'~~ Prescribed by the Department of Loca{ Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check aye box): ^ Redevelopment or rehabilitation of real estate improvements (IC 6-1.1-12.1-4) ^ Eligible vacant building (IC 6-1.1-12.1-4.8) 20_ PAY 20_ FORM SB,1 (Real Property INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing i(the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects"planned or committed fo after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERA/VBD, Whichever is applicable, must be filed with the County Auditor by the later of: (i) May 10; or {2) thirty {30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF-1(Real Property annually to the application tc show compliance with the Statement of Benefits. (IC 6-1.1-12.1-5.1(b) and !C 6-1.1-12.1-5.3(j)j 5. The schedules established under /C &-1.1-12.1-4(d) for rehabilitated property and under IC 6-1.1-12.1-4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement o(6enefits filed before July 1, 2000. ~ •- • Name of taxpay er ` ~~c~tc,r~d S c~ncj /1.1ici~'. ~--_ ;~G~>r Address of taxpayer (number and street, city, state, and ZIP code) 5H33~t' ? 5 C V ~C ~ d , - ~ , ~~ Name of contact person Telephone number ` '' ~ ~ E-mail address Srci~~ ~ c~ ~ e~rt rc~ d.~r 5'4-d b l-~7U 5 ' ci-tTC~d~Qr : -m~;~,,•om ~~ Name of designating body Resolution number JJ~~ n 'e tl1 MO r C v n~ 1 •~ •Y~ C I f t~ ~C/i'r'1 Q Q n(~ Location of property County DLGF taxing district number AA ~G~{Q Lir'YtP .y- /: ~ SGtr1t ~()S? Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary) Estimated start date (month, day, year) A,,~ -,T Uo Estimated completion date (month, day, year) tM n ~ UU • . r . . -.•. . •. Current number Salaries Number retained Salaries Number additional Salaries NOTE: Pursuant to IC 6-1.1-12.1-5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values Plus estimated values of proposed project Less values of any property being replaced Net estimated values upon completion of project Estimated solid waste converted (pounds) Estimated hazardous waste converted o Gther benetit5 ~ ~~ ~ ~ ~~ Rf. =_~r., ~ ' t ~vt - ? zoos I hereby certify that the representations in this statement are true. Signature of authorized representative Title Date signed (month, day, year) Page 1 of 2 t - 3 ~ -ry-r-~;r x.-~ ~ ~ry~ , ~ ° = z a r.;, ..s; P ~r~ k . %°i- -~--,'.'~ f - We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years ' (see below). The date this designation expires is 6. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ^ Yes ^ No 2. Residentially distressed areas ^ Yes ^ No 3. Occupancy of a vacant building ^ Yes ^ No C. The amount of the deduction applicable is limited to S D. Other limitations or conditions (specify) E. The deduction is allowed for years` (see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described ahove, Approved (signature and title of authorized member of designating body) Telephone number Date signed (month, day, year) Attested by (signature and title of attester) Designated body If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.12-12.1-4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior 20 July 1, 2000, the deduction period is limited to three {3), six {6), or ten (10) years. 2, if the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (Z) years. Page 2 of 2 CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CON ID'1~ION $ a a~ ~ ~ ~a~,•~~. ~ r~~, ata. The undersigned owner(s) of real property, located within the City of South Bead; l~~~iq-petrtrotT' eltfi° o~ m- o Council of the Cityof South Bend for Residential Real Property tax abatement consideration and pursuant to I.C., 6-1.1-12.1-1, et_ seQ•• and South Bend Municipal Code Sec. 2-76 et sea., for this petition states the following: 1. Describe the proposed construction project, including, information about square footage, numbers of rooms, amenities, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for project description if necessary): 5~~2 ~~~~~cl~~ L 2. Estimate the dollar value of the construction project (do not include land cost): $ =r / 5', U U U ^ © U The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporations (ifthe 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 ~cl,u S. a ~1~t;ck',' L_ ;Jd> h~1334s ~J 12• ~:;r~, ~~ ~~ O~h•'r 4. The commonly known address of the Property is: S~'e ~~ ppp,.,J i,c I and having tax key no.: 5~:~ .`t p~~~~n~;,c £ (use additional sheet for multiple addresses). 5. A legal description of said Property(s) is attached hereto, marked Exhibit "A", and is incorporated herein. S ae ,~ pia^.,~ ~,~ t 6_ A map and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit "B", and is incorporated herein. s. ~ ~~ r~P~ •~d ~ ~ ~ 7. The current assessed valuation of the property before construction is $ 5 "~ ,a r'r'•',~c~'~ ~~(use additional sheet for multiple addresses). 8. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit "C", and incorporated herein. s ,~ -~ r~~••„d ~ K L 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): ier 4~.-nr17~ Z 10. What is your best estimate of the after completion market value of the property: $_y~ 3 ~~0 . UO 1 I. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. i2. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: ~~~ 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or othe_ r factors .which have impaired values and prevent a normal development of the property: ~ _ 14. The current use of the property is V•=~ (~, „7 1~ r~~ and the current zoning is ,S ~ ~, (use) and (height and area). 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring a proval of the tax abatement by the Redevelopment Commission): ~~vri ~ P~,s-f /Je ~;.y~ ~t3r~ yCSC~ ~vd (o~mo.,y ~ vPg - 16. The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: Name J~cv~t-t (-~;~fr~~r Address s y 33 ~ ~ ,,,, ~~ ~ ,,~ City, State, Zip So,,t1, ~3rn~ Z.v uGG 57 - - Telephone ~ ~ y - d-~, /- U7a 3 WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that th qualifications for a residentially distressed area have been met, and confirm such resolution. Name of Property Owner(s): ~ ~~~ice F~~ed 1n G1eC~~ J~~ " 2 200a , .~ ~(p~1F10~ e~ ~o~ K, so • R~rE~, ttl. 1~~~ By: ~ GG~- (Signature) Scc,7t ~~;~~~r (Typed or printed name and capacity) 2 - Y.--,.. Appendix I OIL _ 2 2008 Question 1: ~o'~~' ~''~'"err}C.'~, s~. Proposed is a 2800 square foot home that will include 3 bedrooms, 3 bathrooms, a kitchen, dining room, living room, library, laundry room, and mud room. The home will be constructed on a lot that is 66' x 129' located at 919 Notre Dame Ave. The new construction will serve as a single family dwelling and improve the neighborhood by eliminating what would otherwise remain as a vacant lot. Question 4• Commonl Known Address Tax Ke Number 919 Notre Dame Ave. 18-5107-3780 923 Notre Dame Ave. 18-5107-3779 Question 5: (Exhibit A) Lot 127 of Sorins second addition Question 6: {Exhibit B) •~~~$ i' <:. ~::"'4 ~ .....- . ~.~: ~;{ ;y" =' ~ . '_:, ~;,~r`~ . Question 7• Commonl Known Address Current Assessed Value 919 Notre Dame Ave. $43,000.00 923 Notre Dame Ave. $5,800.00 Question 8: (Exhibit C) Question 9• Commonl Known Address 2006 Taxes 2007 Taxes 919 Notre Dame Ave. $561.53 $561.53 923 Notre Dame Ave. $227.75 $227.75 Question 13_• While the tax abatement program has successfully brought new development to the area, a variety of blighting factors still remain. Those blighting fact •q P ~ ~~ fi,., a~e,~ot ~ ~"s`~~i~ limited to unkempt vacant lots and abandoned homes. l`~~~?'~r- ~~ - ~' ~u~ - z 200$ L~^ .... T~,i j,~ y ..' _... .. _ . Yahoo! Maps - 919 N Notre Dame Ave, South Bend, IN 46617-1409 Yahoo! Maps - 919 N Notre Dame Ave, South ~'A~~o- +-oca~ Maps Bend, tN 46617-1409 ~ - ~r!e ~~' ~, ~ ~ C ~~ ;. ~ ~ l f ~~+nrth ~ S1tUm{~, - r r ~ ~ ~ ~ Z ~:}'htv:+t+3~$l *".~ ~~ ~ ~ ~ ~ r t~~~ t~1 ~ _NGvrartiSt ,~ ~ ~ + ~ _ z y ~ ~ _ ':. LCr p~FVC{ ~_ .<.. '~ ;' St.bsC'~v+ Ri ~ I i mer ~,~ {~~ ~. ~ -Z z " Cam>reau5t _ _ I :Kalorarr+aSC o ~ G y z yC ~ t m.,!,. •d Fca , ~~c:, ' I~ z ~'~ ~ ~~~ ~ ~ Ched~nt St ~ I, E ftaitlett St ~ . _ ~ ~+` +~ . •• ~, z `'Sl ~ a ~ ~.~ca7Ji71 ~ $t ~ .. _. ` tTY3t1l ~ r ~ .. ` lvlincr, - re~ R~'.~y Pt ' ~ ,.. ~~' -Mi»e451 ..: - _.. - a-X+ ' __ ';St ~ ~s 't. 933 z ... ~z z ^ ~ c d > ~ .__ - , ~..° off. ~^ ~ D I SQQ m __ E hiddisa n St _ . c r.. _ ~ . - _ r.. , 2 E Ma -- dison St ; - ~ iC+~Q ft ;,' ~ ~ ;, ~Yahoii*2DDQ:Data•.NRVTEQ20b8 lNhen using any driuing directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. Page. l of 1 http://maps.yahoo.com/print?ard=1 &v3=0&.intl=us&&mvt=m&tp=1 &stx=&clat=41.685085&clon... 7/9/2008 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 4201 LINDEN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A SIX (6} YEAR REAL PROPERTY TAX ABATEMENT FOR FOXTROT REALTY CORPORATION WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 4201 Linden Avenue, South Bend, Indiana, and which is more particularly described as follows: "A part of the east half of the southwest quarter of Section 4, Township 37 North, Range 2 East, South Bend, Indiana, more particularly described as follows, viz: Beginning at a point on the south line of said Southwest quarter 578.67 feet west of the southeast corner of said southwest quarter; thence continuing westerly along said south line of southwest quarter with an assumed bearing of North 89°42'30" West, 741 feet more or less to the west line of the east half of said southwest quarter, 1344 feet more or less to the southerly right-of--way line of the New York Central Railroad Company; thence South 79°18'30" East along said southerly right-of--way line 758.3 feet, more or less to a point which is North 00°08' 15" East 1207.34 feet to the place of beginning, excepting from the above described tract a strip of land 40 feet in width, north and south, taken off of and from the entire width of the south and thereof for Linden Avenue and which has Key Number 018-2193-7257, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et s__~., and South Bend Municipal Code Sections 2-76 et sec ., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et se ., 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 bylaw; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-l .l -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to six (6) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council Signing of this bill is only to provide an opportuni#y for p:ibiic hearing and Council action on this issue., ~-'RFSFNTFD ~ -~~-O~?' NO"f rlPPit©VE~ 7~,DOPTE~ J U L ? 3 208 J(1i1't= l~C~ca~ ~~ c~R'r cf,~~ ~~ti, sc~. ~~~Y~, ~~. 1200 CouNTf-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOtiTH BEND, INDIANA 4G6O1-1$3O PHOrrE 574/ 235-9371 FAX 574/235-9021 TDD 574/ 235-5567 CI-I'Y OF SOLTI-H BEND STEPHEN J. LUECKE, 1VtAl"b P. COMMUNITY ~L ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR. July 15, 2008 Council Member Derek D. Dieter, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: Foxtrot Realty Corporation (GTA Containers, Inc.) Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a commercial real property tax abatement petition for the above-referenced petitioner for construction of additional manufacturing capacity located at 4201 Linden Avenue. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The petitioner, Foxtrot Realty Corporation (GTA Containers, Inc.) proposes to construct and equip an approximate 90,000 square building to provide additional space for the manufacture of collapsible pillow tanks for fuel or water storage. Foxtrot Realty Corporation is the real estate holding company for GTA Containers, Incorporated. Foxtrot Realty Corporation is seeking asix-year real property tax abatement, and a representative of Foxtrot Realty Corporation (GTA Containers, Inc.) will be available to meet with the Committee on Monday, July 28, 2008. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5835. Sincerely, yy,~ ~ Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DGVEI,OPMENT' PAMELA C. MEYF.R DONALD E. INliti 574/135-9G6U 574/235-9371 FAX: 574/235-9697 FINANCIAL SC PROGIGIM MANAG F.M ENT ELIZABETH LEONARD 574/235-9371 1200 COIJN'rY-G'rv BUILDWG 227 W. JEFFERSON BOULEVARD SovTH BEND, INDIANA 46601-1830 PHONE 574/235-)371 Fax 574/235-9021 "I'DD 574/ 235-5567 CI"fY OF SOUTH BEND STEPHEN J. LLiECKE, MAYOR COMMUNITY HL ECONOMIC DEVELOPMENT JEFFREY v GIBNEI' EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: FOXTROT REALTY CORPORATION (GTA CONTAINERS, INC.) DATE: July 15, 2008 On July 9, 2008, a petition for real property tax abatement consideration for property located at 4201 Linden Avenue was filed with the City Clerk by Foxtrot Realty Corporation the real estate holding company for GTA Containers, Incorporated. Pursuant to Chapter 2, Article 6, Section 2-82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY Foxtrot Realty Corporation/GTA Containers, Inc. are proposing to construct and equip a 90,000 square foot building on an undeveloped portion of a 21 acre site that they already own. The building will be owned by Foxtrot Realty and leased to GTA Containers. The project will enable GTA to more than double its current manufacturing capacity, allowing the company to bid on large, multi- year contracts with ~eh U. S. Department of Defense and also have the capacity for non-military contracts. GTA Containers manufactures collapsible pillow tanks for fuel or water storage. The containers range in size from 3,000 to 210,000 gallons. The estimated cost of the building is $2,200,000 - $2,800,000. GTA Containers will own the equipment placed on the site. COMML":YITY DEVHLOPMFN'r ECONOMIC DEVELOPMENT FINANCIAL HC PROGRAM PAMELA C. MEYER DONALD E. INKS 1Y1t\1V AG EMENr 574/235-9660 574/235-93?i F.uzAOerrl LEONARD FAx: 5741'235-9(,9? 5?41235-9371 South Bend Common Council RE: Foxtrot Realty Corporation (GTA Containers, Inc.) July 15, 2008 Page 2 GTA was recently offered two five-year contracts from the U.S. Army. They had been expecting only one. With either one of the contracts they could have handled production in their current facility, but both contracts together generate the need for additional space. One contract was executed on July 11, 2008. The second contract arrived on July 14 and was executed today (July 15, 2008). Due to testing requirements contained in the second contract, time is of the essence in completing construction of the new building and installation of necessary equipment. Total taxes to be abated during the (6) six-year abatement period are estimated at $187,187. Total taxes to be ~d during the (6) six-year abatement period are estimated at $713,709. EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will create six to eleven (6 - 11) new, permanent, full-time jobs within the first year representing a new annual payroll of $160,000 to $260,000. The project will retain thirty-one (31) existing permanent, full-time jobs (of which 29 are minority employees) with an annual payroll of $1,125,000. ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the petitioner has been granted or associated with four (4) previous tax abatements and it has applied for afive-year personal property tax abatement along with this application. Term/Tyne Resolution No. Date 10-year real property 3008-01 5/14/2001 (Foxtrot) 5-year personal property 3009-01 5/14/2001 (GTA) 6-year real property 3173-03 3/24/2003 (Foxtrot) 5-year personal property 3174-03 3/24/2003 (GTA) 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Development Area, which is a Tax Incremental Allocation Area;.. -. therefore, the petition for real property tax abatement must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner does meet the qualifications for asix-year (6) real property tax abatement under Section 2-82, Industrial Development, City-wide General Standards. 10-Jul-OS Foxtrot Realty Corporation Public Benefit Points Sum mary Qualify Earned Available Public Benefit Item: Y or N Points Points Proiect 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 Proiects (point values are cumulative): A. 100% to 199% Y 25 25 B. 200% to 299% Y 68 68 C. 300% to 399% Y 65 65 D. 400% and Over Y 52 52 ' Sub-total Super Size Projects: 210 210 3. Construction Related: A. Employ Local Companies Y 20 20 B. Purchase Materials from Local Companies N 0 20 C. Require Employees vs. Independent Contracts N 0 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits N 0 22 F. Require Pension Benefits N 0 18 G. Maintain Affirmative Action Plan N 0 20 Sub-total Construction Related: 20 141 4. Waae & Benefit Related: A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training N 0 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 Sub-total Wage 8 Benefit Related : 96 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub-total Workforce Related: 118 152 6. Pay for Municiaal Infrastructure:(point values are cum ulative): 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 Cosi N 0 39 D. Pay for 76-100% of Extension Cost N 0 52 Sub-total Infrastructure Related: 0 131 7. Support a Municioal Facility: A. Support a Municipal Facility N 0 84 Total Public Benefit Po ints: 444 1000 "Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. Foxtrot Realty Corporation Additional Years of Abatement Multi-family Development Projects: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Development Projects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 444 Base Years of Abatement 3 Additional Years of Abatement: 3 Total Years of Abatement: 6 6 YEAR GTA Containers 11-Jul-08 South Bend Portage Township Real Property Tax Abatement Schedule* Tax Key Number Current Assessed Value: Estimated Project Cost: "1$=~i9~7257 ;1,852,300:3 .:2,800,t70a Current Without 100% 85% 66% 50% 34°10 17% Assessed Value: AV 8 Tax Abatement Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Current Assessed Value 100% 1,852,300 1,852,300 1,852,300 1,852,300 1,852,300 1,852,300 1,852,300 1,852,300 Base Assessed Value r.~„';R85°h ~_„~„ 2,380,000 2,380,000 2,380,000 2,380,000 2,380,000 2,380,000 2,380,000 Less Abatement Deduction 0 (2,380,000) (2,023,000) (1,570,800) (1,190,000) (809 200) (404 600) Net Assessed Value 1,852,300 4,232,300 1,852,300 2,209,300 2,661,500 3,042,300 3,423,100 3,827,700 Property Taxes: Assume constant tax rate of 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% Gross Tax (tax rate x net assessed value) 79,677 182,052 79,677 95,033 114,484 130,865 147,245 164,649 Less Circuit Breaker Credit (13,963) (31,903) 0 0 0 0 (1 527) (16 715) Net Tax 65,714 150,149 79,677 95,033 114,484 130,865 145,717 147,933 Circuit Breaker Cap Circuit Breaker 3.0000% 55,569 126,969 126,969 126,969 126,969 126,969 126,969 126,969 Debt Service 0.5477% 10,145 23,180 10,145 12,100 14,577 16,663 18,748 20,964 Circuit Braker Cap 65,714 150,149 137,114 139,069 141,546 143,632 145,717 147,933 New Combined Net Existing Project Existing 8 New Tax Tax Year Taxes Taxes Taxes Abated Paid 1 65,714 84,435 150,149 70,473 79,677 2 65,714 84,435 150,149 55,116 95,033 3 65,714 84,435 150,149 35,665 114,484 4 65,714 84,435 150,149 19,285 130,865 5 65,714 84,435 150,149. 4,432 145,717 6 65,714 84,435 150,149 2,216 147,933 Totals 394,284 506,612 900,896 187,187 713,709 `This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. Tax Abatement Schedule prepared for: GTA Containers 11-J u1-08 South Bend Portage Township 6 Year Real Property Abatement Schedule* Total estimated Project Cost: $2,800,000 Base Assessed Value: $2,380,000 Existing AV 1,852,300 (base assessed value is estimated at 85% of project cost) Assume constant tax rate of: 4.9205% Assume constant SRTC of: 19.4243% Total Taxes Assessed Gross Less Net Percent Tax Tax .Existing Old & New Year Value Tax SRTC Tax Abated Abated Paid Tax Paid 1 $2,380,000 $117,108 $22,747 $94,361 100% $94,361 $0 73,439 73,439 2 2,380,000 117,10$ 22,747 94,361 85% 80,207 14,154 73,439 87,593 3 2,380,000 117,108 22,747 94,361 66% 62,278 32,083 73,439 105,522 4 2,380,000 117,108 22,747 94,361 50% 47,181 47,180 73,439 120,619 5 2,380,000 117,108 22,747 94,361 34% 32,083 62,278 73,439 135,717 6 2,380,000 117,108 22,747 94,361 17% 16,041 .78,320 73,439 151,759 $566,166 $332,151 $234,015 $440,632 $674,647 Total Taxes Due During Abatement: $566,166 Total Taxes Abated During Abatement: 332,151 Total Taxes Paid During Abatement: 234,015 -This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. GTA Containers Comparison of Taxes Abated & Paid Before HEA 1001 & After 1001 Existing AV 1,852,300 New Project Cost 2,800,000 New Project AV 2,380,000 Before HEA 1001 New Combined Net Existing Project Existing Tax Tax Year Taxes Taxes & New Taxes Abated Paid 1 73,439 94,361 167,800 94,361 73,439 2 73,439 94,361 167,800 80,207 87,593 3 73,439 94,361 167,800 62,278 105,522 4 73,439 94,361 167,800 47,181 120,619 5 73,439 94,361 167,800 32,083 135,717 6 73,439 94,361 167,800 16,041 151,759 Totals 440,632 566,166 1,006,798 332,151 674,647 After HEA 1001 New Combined Net Existing Project Existing Tax Tax Year Taxes Taxes & New Taxes Abated Paid 1 65,714 84,435 150,149 70,473 79,677 2 65,714 84,435 150,149 55,116 95,033 3 65,714 84,435 150,149 35,665 114,484 4 65,714 84,435 150,149 19,285 130,865 5 65,714 84,435 150,149 4,432 145,717 6 65,714 84,435 150,149 2,216 147,933 Totals 394,284 506,612 900,896 187,187 713,709 `~``~^'-'A4 STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS ~i\- State Form 51766 (R2 / 1-07) "e~.._~%, Prescribed by the Department of Local Government Finance ~•~. This statement is being completed for real property that qualifies under the following Indiana Code (check one box): x Redevelopment or rehabilitation of real estate improvements (IC 6-1.1-12.1-4) ^ Eligible vacant building (IC 6-1.1-12.1-4.8) INSTRUCTIONS: FORM SB-1 !Real Property 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6-1.1-12-1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction, application Form 322ERA/RE or Form 322 ERA/'/BD, Whichever is applicable, must be filed with the County Auditor by the later of. (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF-1/RE annually to show compliance with the Statement of Benefits. (fC6-1.1-12.1-5.1(b)) 5. The schedules established under IC 6-1.1-12.1-4(d) for rehabilitated property and under IC fr1.1-12.1-4.8(1) for vacant buildings apply to any Statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shat/ continue to apply to a statement of benefits filed before July 1, nnnn Vv~ •' • Name of taxpayer GTA Containers, Inc. and Foxtrot Realty Corporation (Owner) Address of taxpayer (number and street, city, state, and ZIP code) 4201 Linden Avenue, South Bend, Indiana 46619 Name of contact person Telephone number E-mail address Yatish J. Joshi, President (574) 288-3459 YJOSHI@GTACONTAINERS.COM Name of designating body Resolution number Common Council of the City of South Bend Location of property County DLGF taxing district number 4201 Linden Avenue, South Bend, Indiana 46619 St. Joseph 018 (Portage Township) Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary) Estimated start date (month, day, year) July, 2008 Proposed investment of between $2.2 and $2.8 million to construct a new manufacturing facility totaling Estimated completion date (month day year) pproximately 90,000 square feet and related real estate improvements. , , July, 2010 Current number Salaries Number retained Salaries Number additional Salaries 31 -$1,125,000 31 -$1,250,000 -6-11 employees -$160,000-260,000 • r • • ~ • -~-• ~ •-• NOTE: Pursuant to IC 6-1.1-12.1-5.1(d){2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values $2.179M $1.852M Plus estimated values of proposed project -$2.2M - $2.8M Det. under Reg. 17 Less values of any property being replaced N/A N/A Net estimated values upon completion of project -$4.4M - $5M Det. under Reg. 17 • • ~ ~ • -• ~ Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other benefits: 7-4, 1 ~-r~F+r1 - ~ t ~•;F,,, ;~t~sp,~d 1 - J'~ j _ 3 C,`,3 J-,:;r~ ~r~;~,v~ ~l4(~i- , • • 1 hereb certi that the re resentations in this statement are true. Signature of authorized representative Title Date signed (month, day, year ~ ~' i ~--~ Li ~ _..\ Yatish J. Joshi, President July 8, 2008 Page 1 of "L We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years' (see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment of rehabilitation of real estate improvements; ^ Yes ^ No 2. Residentially distressed areas ^ Yes ^ No 3. Occupancy of a vacant building ^ Yes ^ No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for years" (see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body) Telephone number Date signed (month, day, year) Attested by (signature and title of attester) Designated body * If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.12-12.1-4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 SBDS02 RJD 376597v1 CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, Iocated within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C., 6-1.1-12.1-1, et seq., and South Bend Municipal Code Sec. 2-76 et seQ., for this petition states the following: Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to your business: Foxtrot Realty Corporation owns 21 acres at 4201 Linden Ave ofwhich approximately 6 acres is currently developed as a manufacturing facility and leased to GTA Containers, Inc. Foxtrot proposes to build a 90, 000 square foot building on an undeveloped portion of the 20 acre site and lease it to GTA Containers, Inc. (an affiliated company). GTA Containers, Inc. will continue using the existing building and expand manufacturing operations into the proposed building. The proposed building will enable GTA to more than double its current manufacturing capacity, allowing the company to bid on large, multi year contracts with the US Dept of Defense and also have capacity for non-military related contracts Land Size existing acres; Building Size 90.000 sq.ft. 2. Describe the overall nature of the business and of the operations occurring at the Property (attach additional sheet if more space is needed): GTA Containers, Inc. manufactures collapsible pillow tanks for fuel or water storage. The containers range in size from 3, 000 gallons to 210, 000 gallons. GTA 's primary customer is the United States Department of Defense. GTA has also built emergency safety tents for the underground mining industry. The purpose of the proposed building would be to expand its manufacturing capacity. 3. Estimate the dollar value of the project (excluding land): $2,200,000-$2,800,000 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: $ Key #018-2193-7257: Land 70,200; Improvements; 1,782,100 (Rev 10/23/06) 5. (a). .The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individuals or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST (%) Foxtrot Realty Corporation 4201 Linden Ave 100% South Bend, IN 46619 (b) The following other person(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); NAME GTA Containers, Inc. 6. 7 8 9. ADDRESS 4201 Linden Ave South Bend, IN 46619 The commonly known address of the Property is: 4201 Linden Ave, South Bend, IN 46619 The Key Number(s) of said property is: 018-2193-7257 IlVTEREST(%) 100% A legal description of the above address is attached hereto, marked Exhibit A, and incorporated herein. A map and/or plat describing the Property is attached hereto, marked Exhibit B, and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. 11. The redevelopment or rehabilitation project itself will create 6-I1 full-time and 0 part-time permanent jobs within the first year, representing a new annual payroll of $ 160,000-260,000. and will maintain 31 existing permanent full-time and 0 existing permanent part-time jobs including existing permanentfull-time minority employment of 29 and existing permanent part-time minority employment of 0 with an annual payroll of $ __ 1,125,000 (Rev 10/23/06} 2 12. The projected annual salaries for each new position indicated above are estimated to be as follows (If more space is needed, please attach a separate sheet): $20, 000 -production employee • $60 000 qualitycontrol engineer 13. Provide current employment wage information including; base rate, cost-of-living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips. Do Not Include; back pay, jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements (average hourly rate or range): Full-Time Part-Time Laborers $ 11.90/hr $ Technical $ 100, 000/vr $ Managerial $ 220.000/yr $ Administrative $ 36.000/yr $ 14. Indicate whether your company provides the following benefits (use Y/N): Y_ Health Care Benefits Y Pension Plan Employer Provided Training (recognized or certified training/educational courses or programs) Day Care (provide or contribute to the cost of child day care for its employees) Transportation Assistance (provide direct or indirect support and assistance to its employees without private transportation to get back and forth from residence to place of employment) Employer-Assisted Housing Program (provide anemployer-assisted home ownership program) Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the Community & Economic Development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 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 2007 27,392.98 2006 17, 422.32 2005 7,227.62 3 (Rev 12/29/06) 8,172.72 185,219.10 145, 885.74 2004 2, 772.88 2003 2,121.82 65, 959.24 3,103.80 (this information maybe obtained from the St. Joseph County Treasurers office 235-9531) 16. Please list the number offull-time and part-time minority employees for each of the last three years: Year 2007 2006 2005 Full Part Full Part Futl Part Black Hispanic 21 37 32 Asian 1 1 1 Indian Other 17. Does your business maintain an affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: Yes. GTA Containers, Inc. is an equal opporttcnity employer. Applicants are considered for employment without regard to age, race, color, religion, sex, national o1-igin, sexual orientation or disability ,which would not prevent the performance of essential job duties, with, or without reasonable accommodation. GTA uses a variety of sources to locate job applicants, including written advertisements, word of mouth and WorkOne. 18. Indicate whether or not your project meets any of the following criteria (contact Community & Economic Development Dept. 235-9335 for information on this section): Conversion to residential use of a commercial AEligible Building@ as designated by the Community & Economic Development Dept. ehabilitation of a building that is either designated as a National Register or local landmark or is eligible for nomination as one, located in a National Register or local landmark district, or rated as Outstanding or Significant in the most recent Historic Preservation Commission county wide survey. Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department Pays for the cost of cleaning up a ABrownfield,@ which is any site, building facility or complex that has been designated a brownfield by the Community and Economic Development Department. Achieves a physical element identified in a development or revitalization plan that has been approved by the Council 4 (Rev 12/29/06) 19. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college Located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (attach additional sheet if more space is needed): N/A 20. Does your business financially support a Municipal Facility (i.e. municipally owned park, recreation center, cultural, arts, or entertainment facility)? N/A 21. Is your company incurring any of the cost of extension or oversizing of municipal infrastructure serving the project site? This includes~water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (attach additional sheet if more space is needed): N/A 22. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). 23. Information is required on the construction companies that will be utilized for construction of the project. (Please complete the table on page 9 of this application). 24. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owners signature at the end of this application is verification of this statement). 25. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAILS) major group within which the proposed project would be classified, by number and description: 326299 26. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description; . Manufacturin,~ 5 (Rev 12/29/06) 27. The current use of the Property is manufacturing and the current zoning is GI (This information may be obtained from the Building Department 235-9554). 28. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property) and date of approval. Foxtrot Realty Corporation: real, 5/17/01 GTA Containers, Inc.: personal, S/17/01 GTA Containers, Inc.: personal, 3/31/03 29. Other anticipated public financing for the project including, if any, industrial revenue-bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, 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, Neighborhood Business Development Corporation, Corporation for Entrepreneurial Development; or other public financial assistance, including but not limited to public works improvements. None 30. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: Name: Richard Deahl, Barnes & Thornburg Address: 600 IS` Source Center, 100 N. Michigan Street City, State, Zip: South Bend, IN 46601 Telephone: 237-1240 31. Please indicate the name, address, and telephone number of the person who will work with Employment Training Services (ETS) for employee recruitment, and sign the ETS forth attached to the petition if the real tax abatement is for warehouse or industrial developments. Name: Yatish J. Joshi, President Address: 4201 Linden Ave City,.State, ZIP outh Bend, IN 46619 Telephone: 574-288-3459 6 (Rev 12129/06) WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): FOXTROT REALTY CORPORATION ,--- f f t By. ish J. J hi; re'F silent Dated: 7 ~- 8"' ~ 8" filed In Gler'~'e G~~ice JUI. ' 8 2008 JOHN y00RDE CITY CLERK, S0. g~ta0, IN• 7 (Rev 12/29/06) 22. In the following chart please indicate companies that were used for purchasing materials used in the construction or rehabilitation associated with the project. include the Location of the company, description of the materials, and cast of the materials. Additional information may be requested for verification of this information. (If more space is needed, please photocopy this page) 1Vn..,a soil Aad~n~t of('mm~onar t7e.crinttnn of Materials Cost of Materials G_! tF'~8' ~.nl T uSrn .t ~~M"~` ;,. `I arc u~ r ~~ ! Ce SJ G ~ ~D Q K r ~-De~~ .l-~o~l M.,aGK3 + ~l~ld~,OluJ C(~ N 1 Ls C S^CF~L ~'~'~ ?~ GUT ~ 1JA-+~~ PP-~,c a0.1 t~1 ~f~r~ ~c~ ~a, ~Di ~-fl ' o r f I't'~.1 CO ~F~1KL~E'1'7O.-I CSC ~1I ~(/l,G-- ~-~. / MP~TJf'L eNI~.A ~ S~SLtL.1rTO..{~ S.Z( l p 4 `, W a~l~ S t~ PPW . ~ ~' Hrt~t~wt W.r ~ I ~ 57~c~ nn rr~ / 7 Y /1't/~Et1fM.~- .~,1tt~~~1! J1~cPP~ / ,, ~/~litt-t~' ~`T't~S 12!'760 II ^^ Q ib r~vLl'- SuPl~1~ ~gu_t~tn /"' ~Tih~ Sri D S `I-~ drt-~ A PC ~u-~ ~ f~l ~Mar~' l/a~rs ~' ~ a ~ - E e c i c ~ I (Rev 8/! 1103) 8 c~.t.'~it 1;~ ~?eu~n Ya-~cv ~CJ~ ~~ C~ [~ ~~~ ~ ~~~t~v~,~1~. ' ~~~~~ ~~ 23. In the following chart please list the companies tttet will be used for the construction or rehabilitation associated with the project. Indicate the name and address of each company; list the dollar amount of the work to be provided by each company; i ndicate whether or not) 00% of the workers arc employees of that company or independent contractors; indicate whether or not the company pays workers wages that meet the wage rates for each classification of laborers and mechanics published by the U.S. Department of Labar; indicate whether or not the company contributes to a health plan for its employees; indicate whether ar not the company contributes to a pension plan far its employees; and indicate whether or not the company maintains an affirmative action plan or other similar plan to achieve racial diversity, Additional information may be requested for verification of this information. (lf additional space is needed, please photocopy this page). Construction Company Cost of Ail Workers Pay Contribute Contribute Maintain Name and Address Work Empioyeea or Wsge to a to a Affirmative or independent Rate Health Pension Action enntratNnrv fv/nl Plan fv/nl Plan fv/nl PI'n fv/nl M t i __- n~t++~rr1 (3t~, acs ~•(c S9G 3ofl ~~tLor hIo `~s `~ Y-~3 ~ S.77t Ir,/t; ~ 000 ~ r vas ~. ~ `' S'Mc~~srte~~ to o~p " 1f~ •r '' ~t ~oss /`/I~sosay' I o6 atX~ ~ ~ ,fi ~ , ~ ~ ., f}S'p'~G- ~~~':a¢.,S ?-Z8 ct~ I t tt t~l o t~ r t i t QV~~k4~7t1~ ~Q- ~S~FOD rr ? tr 'r rt Ta, _ V,q~,,-ay v~ss 11,!.00 n ~o '~ ~, •r , ~~- /fit-occsTae.s 4 Ge0 1~a~ n.19 '~ ~ I~.~~o L./+~nD r 6s PM ~-n~([, l 3 t o0 ~~ 1,.(0 ~ ~ ~, , r ~P$EU- Et.~az.tc (Rev 8!11!03) i ~p/t7~C r. 4 ~a CITY OF SOUTH BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2-83.2 of the South Bend Municipal Code, the Petitioner referred to herein agrees to work. wit h WorkOne Northern Indiana, 851 South Marietta Street, South Bend, Indiana 46601, as a condition of receiving property tax abatement. ~- ~ ~ ~C, Petitioner's Name ! ~~~Q~ Agent's Nam cting on Behalf of the Petitioner ~.~~"~'v I ,~- Contact Per o ~! c~-a ~ ~ ~~~ Street Address ~~~-~' ~ " 1 LP ~4 City, State, Zip Code ~~~~ag~J~~~~ Business Telephone Number `~, Si ature er ---~' . 6~~~ ~~ ,~>.j}i~~ ~3~•J~~ ~.5 aTa - JUL - 8 2008 cc: WorkOne Northern Indiana Chairperson, Community and Economic Development Co r~ ac~~ vcc~t~~ mitte~rG~~-~~~P,•a,-za~,~~a' Department of Community and Economic Development City Clerk's Office EXHI$IT A EXHIBIT A LEGAL DESCRIPTION OF REAL PROPERTY "A part of the east half of the southwest quarter of Section 4, Township 37 North, Range 2 East, South Bend, Indiana, more particularly described as follows, viz: Beginning at a point on the south line of said Southwest quarter 578.67 feet west of the southeast comer of said southwest quarter; thence continuing westerly along said south line of southwest quarter with an assumed bearing of North 89°42'30" West, 741 feet more or less to the west line of the east half of said southwest quarter, 1344 feet more or less to the southerly right-of--way line of the New York Central Railroad Company; thence South 79°18'30" East along said southerly right-of--way line 758.3 feet, more or less to a point which is North 00°08' 15" East 1207.34 feet to the place of beginning, excepting from the above described tract a strip of land 40 feet in width, north and south, taken off of and from the entire width of the south and thereof for Linden Avenue. 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A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4201 LINDEN AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAB ABATEMENT FOR GTA CONTAINERS, INC. 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 commonly known as 4201 Linden Avenue, South Bend, Indiana, and which is more particularly described as follows: "Apart of the east half of the southwest quarter of Section 4, Township 37 North, Range 2 East, South Bend, Indiana, more particularly described as follows, viz: Beginning at a point on the south line of said Southwest quarter 578.67 feet west of the southeast corner of said southwest quarter; thence continuing westerly along said south line of southwest quarter with an assumed bearing of North 89°42'30" West, 741 feet more or less to the west line of the east half of said southwest quarter, 1344 feet more or less to the southerly right-of--way line of the New York Central Railroad Company; thence South 79°18'30" East along said southerly right-of--way line 758.3 feet, more or less to .a point which is North 00°08' 15" East 1207.34 feet to the place of beginning, excepting from the above described tract a strip of land 40 feet in width, north and south, taken off of and from the entire width of the south and thereof for Linden Avenue and which has Key Number 018-2193-7257, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the properly owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seg.; provided however,. the Petitioner may not receive an economic revitalization area deduction if it xeceives an enterprise zone investment deduction under I:C. 6-1.1-45 for the same property. 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 t e Common Co ncil Signing of this bill is cnt}J to provide an opportunity for p!:bitc Nearing and Council action an this issue_ _r1TED 7-Z-~f-08 MOT APPRUVEi ADOPTEC~ ~----- ~i~~~ ~~ ~~~~4~':~ ~f~ic~ JUL ~ 3 2008 ,10 ~ V{7GR:~E G1TY Ct~~k., So. r;~Fi~?r~ ~~ ~• 1200 C~cxm"rY-CrrY BUILDING 227 W. JEFFERSON BOULEVARD $Ot7T)I BEND. INDIANA 46601-1830 PrioNE 574/ 235 )371 Fax 574/235-)021 TDD 574/ 235-5507 CITY OF SOUTH BEND STEPHEN J. LUECICE, M 1YOI: COMMUNITY ~ ECONOMIC DEVELOPMENT .JEFFREY V. GIBNEY EXECUTIVE DIRECTOR July 15, 2008 Council Member Derek D. Dieter, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: GTA Containers, Inc. (Foxtrot Realty Corporation) Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a personal property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the acquisition and installation of new equipment as part of the company's planned expansion of its facility for manufacturing collapsible pillow tanks for fuel or water storage. The facility is located at 4201 Linden Avenue. Foxtrot Realty Corporation, the real estate holding company of GTA Containers will lease the facility to GTA containers and GTA will own the new equipment. The report contains the Department's findings relative to the above petition. The total cost for the equipment is estimated at $250,000 to $400,000. The project meets the qualifications fora (5) five-year personal property tax abatement and a representative from GTA Containers, Inc. (Foxtrot Realty Corporation) will be available to meet with the Committee on Monday, July 28, 2008. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNI"fY DEVL•LOPMEN'C ~ ECONOMIC DEVELOPM[NT FINANCIAI. SC PROGRAM P,~A1eLA C..LIEI ~R DON.ILI1 E. luK; I~'IANAGEMF.N"I' 57~k/237-9660 574235-93]1 ELI2A6FTH LEON,4RD Frx: 5"41235-969? 574/235-9371 1200 COONTY-Ctn~ BuaomG 227 W ~EFFERSON BOULEVARD Sour t BENp, INDIANa 46601-1830 PHONE 574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CI'T'Y OF SOUTH BEND STEPHEN J. LUP.CKE, MAYOR COMMUNITY $L ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: GTA CONTAINERS, INC. (FOXTROT REALTY CORPORATION) DATE: July 15, 2008 On July 9, 2008, a petition for personal property tax abatement consideration for property located at 4201 Linden Avenue was filed with the City Clerk by GTA Containers, Incorporated. Pursuant to Chapter 2, Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY GTA Containers, Inc. and Foxtrot Realty Corporation (the real estate holding company for GTA Containers) are proposing to construct and equip a 90,000 square foot building on an undeveloped portion of a 21 acre site that they already own. The building will be owned by Foxtrot Realty and leased to GTA Corn ;rs. The project will enable GTA to more than double its current manufacturing capacity, allowing the company to bid on large, multi-year contracts with eh U. S. Department of Defense and also have the capacity for non-military contracts. GTA Containers manufactures collapsible pillow tanks for fuel or water storage. The containers range in size from 3,000 to 210,000 gallons. The estimated cost of the building is $2,200,000 - $2,800,000. GTA Containers will own the equipment placed on the site. COMMUNITY DEVELOPMENT ECCINOMIC DEVELOPMENT FINANCIAL SC PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEIvIENT 5741_'35-7660 574/235-937] Euznsert~ LEONARD FAx: 574/235-9697 574/235-9371 South Bend Common Council RE: Tax Abatement for GTA Containers, Inc. (Foxtrot Realty Corp.} July 15, 2008 Page 2 The new equipment to be installed on the site has a total estimated cost of $250,000 to $400,000. It includes, without limitation, automated fabric cutting equipment and various machines for fabric seam sealing using hot air and Radio Frequency (RF) technologies used in the manufacturing operation. Equipment will also be purchased to transfer and handle raw materials and finished goods inventories. GTA was recently offered two five-year contracts from the U.S. Army. They had been expecting only one. With either one of the contracts they could have handled production in their current facility, but both contracts together generate the need for additional space. One contract was executed on July 11, 2008. The second contract arrived on July 14 and was executed today (July 15, 2008). Due to testing requirements contained in the second contract, time is of the essence in completing construction of the new building and installation of necessary equipment. Total taxes to be abated during the (5) five-year abatement period are estimated at $5,725. Total taxes to be paid during the (5) five-year abatement period are estimated at $81,228. EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will create six to eleven (6 - 11) new, permanent, full- time jobs within the first year representing a new annual payroll of $160,000 to $260,000. The project will retain thirty-one (31) existing permanent, full-time jobs (of which 29 are minority employees) with an annual payroll of $1,125,000. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has been granted or associated with four (4) previous tax abatements and it has applied for asix-year real property tax abatement along with this application. Term/Type 10-year real property 5-year personal property 6-year real property 5-year personal property 2. The Building Commissic for the proposed project. Resolution No. Date 3008-01 5/14/2001 (Foxtrot) 3009-01 5/14/2001 (GTA) 3173-03 3/24/2003 (Foxtrot) 3174-03 3/24/2003 (GTA) ner has reviewed the petition and finds the property to be properly zoned South Bend Common Council RE: Tax Abatement for GTA Containers, Inc. (Foxtrot Realty Corp.) July 15, 2008 . Page 2 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for personal property tax deduction must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications fora (5) five-year personal property tax abatement under section 2-84.2, Tangible Personal Properly Tax Abatement. 5 YEAR GTA Containers South Bend Portage Township Personal Property Tax Abatement Schedule* Tax Key Number Current Assessed Value: Estimated Project Cost: 18-35174 330,930 400,000 14-J u I-08 40% 56%~ 42% 32% 24% Current 100% 80% 60% 40% 20% Assessed Value: AV & Tax Year 1 Year 2 Year 3 Year 4 Year 5 Current Assessed Value 100% 330,930 330,930 330,930 330,930 330,930 330,930 Base Assessed Value 160,000 224,000 168,000 128,000 96,000 Less Abatement Deduction (160,000) (179,200) (100,800) (51,200) (19,200) Net Assessed Value 330,930 330,930 375,730 398,130 407,730 407,730 Prooerty Taxes: Assume constant tax rate of 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% Gross Tax (tax rate x net assessed value) Less Circuit Breaker Credit Net Tax Circuit Breaker Cap Circuit Breaker Debt Service Circuit Braker Cap 14,235 14,235 16,162 17,126 17,539 17,539 (2,495) 0 0 (217) (577) (577) 11,740 14,235 16,162 16,908 16,961 16,961 3.0000% 9,928 14,728 14,728 14,728 14,728 14,728 0.5477% 1,813 1,813 2,058 2,181 2,233 2,233 11,740 16,540 16,786 16,908 16,961 16,961 New Combined Net Existing Project Existing & New Tax Tax Year Taxes Taxes Taxes Abated Paid 1 11,740 5,676 17,417 3,182 14,235 2 11,740 6,027 17,767 1,605 16,162 3 11,740 5,720 17,461 552 16,908 4 11,740 5,501 17,241 280 16,961 5 11,740 5,326 17,066 105 16,961 Totals 58,702 28,250 86,952 5,725 81,228 "This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. Tax Abatement Schedule prepared for: GTA Containers South Bend Portage 5 Year Personal Property Abatement Schedule* Existing AV 330,930 Total estimated Equipment Cost: 400,000 Assume constant tax rate of: 4.9205% Assume constant SRTC rate of: 6.4091 TTV Assessed Year TTV% Year 1-5 Value 1 0.40 $160,000 $160,000 2 0.56 $224,000 $224,000 3 0.42 $168,000 $168,000 4 0.32 $128,000 $128,000 5 0.24 $96,000 $96,000 11-Jul-08 Total Taxes Gross Less Net Percent Tax Tax Existing Old & New Tax SRTC Tax Abated Abated Paid Tax Paid $7,873 $505 7,368 100% $7,368 $0 15,240 15,240 $11,022 $706 10,316 80% $8,252 $2,063 15,240 17,303 $8,266 $530 7,737 60% $4,642 $3,095 15,240 18,334 $6,298 $404 5,895 40% $2,358 $3,537 15,240 18,777 $4,724 $303 4,421 20% $884 $3,537 15,240 18,777 $38,183 $2,447 $35,736 $23,505 $12,231 $76,199 $88,430 Total Taxes Due During Abatement: Total Taxes Abated During Abatement: Total Taxes Paid During Abatement: $35,736 $23,505 $12,231 -This schedule is for estimation purposes oniy and assumes constant tax rates. The true tax values will ulimately be determined by the actual assessed valuation and the then current tax rates. GTA Containers Comparison of Taxes Abated & Paid Before HEA 1001 & After 1001 Existing AV 330,930 New Project Cost 400,000 New Project AV 160,000 Before HEA 1001 New Combined Net Existing Project Existing Tax Tax Year Taxes Taxes & New Taxes Abated Paid 1 15,240 7,368 22,608 7,368 15,240 2 15,240 10,316 25,555 8,252 17,303 3 15,240 7,737 22,976 4,642 18,334 4 15,240 5,895 21,134 2,358 18,777 5 15,240 4,421 19,661 884 18,777 Totals 76,199 35,736 111,935 23,505 88,430 After HEA 1001 New Combined Net Existing Project Existing Tax Tax Year Taxes Taxes & New Taxes Abated Paid 1 11,740 5,676 17,417 3,182 14,235 2 11,740. 6, 027 17,767 1,605 16,162 3 11,740 5,720 17,461 552 16,908 4 11,740 5,501 17,241 280 16,961 5 11,740 5,326 17,066 105 16,961 Totals 58,702 28,250 86,952 5,725 81,228 ~~ nary ~~~,~~ STATEMENT OF BENEFITS a,~~ PERSONAL PROPERTY State Form 51764 (R / 1-06) ~ ~..~~ ;: ~•~• Prescribed by the Department of Local Government Finance i FORM SB-1 / PP i PRIVACY NOTICE The cost and any specific individual's salary information is wnfidential; the balance of the filing is public record per IC 6-1.1-12.1-5.1 (c) 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 afrerJuly 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 refum on a certified deduction schedule (Fomr f03- ERA) with the township assessor of the township where the property is situated. The 103-ERA must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment and/or research and development equipment and/or logistical dstribution equipment and/or information technology equipment is installed and fully functional, unless a frling 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 of8enefds. (IC6-1.1-121-56) 5. The schedules established under IC 6-1.1-12.1-4.5 (d) and (e) apply to equipment installed after March 1, 2001. For equipment installed prior to March 2, 2001, the schedules and statutes in effect at the time shall continue to apply. (!C 6-1.1-121-4.5 (t) and (g)) ~ .. • - - - Name of taxpayer ~ ~ ~• ___..--~---~'-~- _ 4 •^ GTA Containers, Inc. ~ ~ { Address of taxpayer (number and street, city, state and ZIP code) 1 1 i t i _ ,i,} :u i 1 ~ 4201 Linden Avenue, South Bend, Indiana 46619 ~ l Name of contact person Tee -one.,number ~ Yatish J. Joshi, President ' ~~° ,-r~~,, P!. ` OtT(a74~'28~59 . ,' Name of designating body Resolution number(s) Common Council of the City of South Bend Location of property County DLGF taxing district number 4201 Linden Avenue, South Bend, Indiana 46619 St. Joseph 018 (Portage Township) Description of manufacturing equipment and/or research and development equipment ESTIMATED and/or logistical distribution equipment and/or information technology equipment Start Date Com Ietion Date (use additional sheets if necessary) August, 2008 August, 20!77 Manufacturing Equipment Proposed investment in new manufacturing a nd logistical distribution equipmen 'ncluding, without limitation, fabric cutters and seaming equipment and relate R ~ D Equipment quipment. Augusf, 2008 August, 20 i C Logist Dist Equipment IT Equipment y ~u 2e!~~S ~ j1 X01 p • • • rt • -~-~ ~ • Current number Salaries Number retained Salaries Number additional Salaries 31 -$1,250,000 31$1,250,000 6-11 -$160,000.260,000 • ~ ~ • ~ • --~-• r ••• NOTE: Pursuant to IC 6-1.1-12.1-5.1(d)(2) the MANUFACTURING R ~ D EQUIPMENT EQUIPMENT LOGIST GIST IT EQUIPMENT EQUIPMENT COST of the roe p p rty is confidential. Assessed Assessed Cost Cost Assessed Assessed Cost Cost value Value Value Value Current values ~1.1M $320k -49k -15k -31.5k -10k Plus estimated values of proposed project $220K- Reg. 16 -20k Reg. 16 -10k Reg. 16 370k Less values of any property being replaced N/A N/A ~ N/A NIA NIA N/A Net estimated values upon completion of project ~1.5M Reg. 16 -70k Reg. i6 ~41.5k Reg. 16 • • ~ ~ •• ~ Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other Benefits: • ~ I hereb certi t at the re resentations in this statement are frue. Signature of authorized representative ~~ _ ,,,_ ` Title Date signed (month, day, year) ~-~' ~~-• Yatish J. Joshi, President July 8, 2008 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, pro- vides for the following limitations as authorized under IC 6-1.1-12.1-2, A. The designated area has beery limited to a period of time not to exceed calendar years* (see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Installation of new manufacturing equipment; ^ Yes ^ No 2. Installation of new research and deve-opment equipment; ^ Yes ^ No 3. Installation of new logistical distribution equipment. ^ Yes ^ No 4. Installation of new information technology equipment; ^ Yes ^ No 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 ^ ~ years 5 or 10 year schedule may be deducted. ^ 3 years ^ 8 years ^ 4 years ^ 9 years ^ 5 years ** ^ 10 years ** Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved: (signature and title of authorized member) Telephone number ~ ) Date signed (month, day, year) 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, SBDS02 RJD 376598v1 CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, personal property, located within the City of South Bend, hereby petitions the Common Council of the City of South Bend for personal property (new manufacturing equipment) tax abatement consideration and pursuant to I.C. 6-1.1-12. 1-1 et seg., and South Bend Municipal Code Section 2-84.2 et seg., for this petition states the following: Describe the proposed project, including information about the new manufacturing equipment personal properly ("equipment") to be installed, the amount of land to be used, if any, the proposed use of the equipment, and a general statement as to the value of the project to your business. In conjunction with the building ofa 90, 000 square foot manufacturingfaciliry which GTA Containers, Inc. plans to lease and occupy in the late fall of 2008, the Company plans to purchase equipment to be used in its manufacturing operation in the new building, including without limitation, automated fabric cutting equipment and various machines forfabric seam sealing, using hot air and Radio Fregrrency (RF) technologies. Equipment will also be purchased to transfer and handle raw materials and fznished goods inventories. The building and equipment will allow GTA Containers, Inc. to more than double its current manufacturing capacity, thereby, enabling the Company to bid on large, multi year contracts with the U.S. Dept of Defense and also have capacity for non-military related contracts. 2. The project will create at least 6-11 new, permanent, jobs within the first year, representing a new annual payroll of at least $160, 000-$260, 000 and will maintain 31 existing permanent full-time and 0 existing part-time job with an annual payroll of $1.125.000 .The projected annual salaries for each position are as follows: 3. Production Worker -$20,000, Quality Control/Engineer - $60,000 4. Estimate the cost of the Equipment: $250 000-$400,000 (a) The Equipment is owned or to be owned by the following individuals or corporations (if the business organization ispublicly-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 GTA Containers, Inc. 4201 Linden Ave 100% South Bend, IN 46619 (b) The following other persons Lease, intend to lease, or have an option to buy this equipment (include corporate information as required in (4)(a) above, if applicable): NAME ADDRESS INTEREST N/A 6. Give a brief description of the overall nature of the business and of the operations occurring at the location for which tax abatement is requested: GTA Containers, Inc. manufactures collapsible pillow tanks for fuel or water storage. The containers range in size from 3,000 gallons to 210,000 gallons. GTA's primary customer is the United Stated Department of Defense. GTA has also recently built emergency safety tents for the underground mining industry. The new building_and equipment will allow the Company to expand its manufacturing capacity. 7. The commonly known address of the property where the Equipment is located is: 4201 Linden Ave, South Bend, IN 46619 8. The Key Number of said property is: 018-35174-85744 (Personal), 018-2193-7257 (Real) 9. Attach the legal description of the property where the equipment is to be Located, marked "Exhibit A," and is hereby incorporated herein. Please see Exhibit A attached hereto. 10. Attach a map andlor plat describing the property where the equipment is to be located, marked "Exhibit B," and is hereby incorporated herein. Please see Exhibit "B" attached hereto and made a part hereof. I I . Attach photographs of the property, taken within 30 days of filing of this petition, marked "Exhibit C," and hereby incorporated herein. Please see Exhibit C attached hereto. 12. The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment $ no property is being replaced 13. The current use of the real property where the Equipment will be installed is unimproved land -anew building is proposedlor the site and the current zoning is GI (general industrial) (use) and (height and area). (This information may be obtained from the Building Department 235-9553.) l4. 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 2007 27,392.98 8,172.72 2006 17, 422.32 185, 219.1 D 2005 7, 227.62 145, 885.74 2004 2, 772.88 • 65, 959.24 . 2003 2,121.82 3,103.80 (This information maybe obtained from the St. Joseph County Treasurer's office 235-9531.) 15. Describe the commitment made within the past five years by your firm to hiring minority individuals, including number of minorities employed during each of the past five years, specifying whether full time or part-time and whether permanent of 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). Year Total Minority Minority Minority Employees Total Full-Time Part-Time July'08 31 29 29 0 2007 23 22 22 0 2006 39 38 38 0 2005 34 33 33 0 Describe on-site child care of day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for ch ildren of employees. N/A 16. What is your best estimate of the market value of the new Equipment after installation? $25D ODD-$400 ODD 17. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? [Projection based on $350,000 and tax rate of 3%] Year Estimated Dollar Amount I $4,200 2 $4,700 3 $2,650 4 $1,350 5 $630 18. What is the commitment your firm will make to minority employment during the f ve years of tax abatement? GTA Containers, Inc. is an equal opportunity employer. Applicants are considered for employment without regard to age, race, color, religion, sex, national origin, sexual orientation or disability, which would not prevent the performance of essential job duties, with, or without reasonable accommodation. GTA uses a variety of sozzrces to locate job applicants, including written advertisements, word of mouth and WorkOne. 19. The Equipment has not been installed as of the date of filing of this petition. The signature at the end of this Petition is verification of this statement. 20. The standard Industrial Classification Manual major group within which the proposed project would be classified, by number and description: 326299 21. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: manufacturing 22. The real property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: Airport Economic Development Area 23. Other anticipated public financing for the project including, if any, industrial revenue- bonding to besought oralready 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 the St. Joseph County, Indiana; or other public financial assistance, including but not limited to public works improvements. Real estate tax abatement on proposed new building 24. Describe how and why the manufacturing equipment to be replaced or the facility in which Equipment will be added is currently technoIogicaily, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues: Not applicable. No equipment beingreplace 25. The new manufacturing equipment will be used in the direct production, manufacture, fabrication, assembly, extraction, mining, processing, refining, or finishing of other tangible personal property and that the equipment was never before used by its owner for any purpose in Indiana. The signature at the end of this Petition is verification of this statement. 26. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: Name: Address: City, State, Zip Code: Telephone: Richard J. Deahl Barnes & Thornburg LLP 100 North Michigan, Suite 600 South Bend, IN 46601 574-233-1171 ~'slec~ 4n C~er~c'~ C~fi~ee JUL - 8 2G08 ~al~}ey vc~~~~ CITY Ct.E,sK, ~0. CtNC, IN. WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible personal property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby 'verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owners(s): C~TA Containers, Inc. _ J/ (Sigzt~i~~n ~ . Yatish J. Joshi, President Dated: July 8, 2008 J U ~ - 8 2G08 JO~;i~ i~;~r;~~ P EXHIBIT A EXHIBIT A LEGAL DESCRIPTION OF REAL PROPERTY "A part of the east half of the southwest quarter of Section 4, Township 37 North, Range 2 East, South Bend, Indiana, more particularly described as follows, viz: Beginning at a point on the south line of said Southwest quarter 578.67 feet west of the southeast corner of said southwest quarter; thence continuing westerly along said south line of southwest quarter with an assumed bearing of North 89°42'30" West, 741 feet more or less to the west line of the east half of said southwest quarter, 1344 feet more or less to the southerly right-of--way Line of the New York Central Railroad Company; thence South 79°18'30" East along said southerly right-of--way line 758.3 feet, more or less to a point which is North 00°08' 15" East 1207.34 feet to the place of beginning, excepting from the above described tract a strip of land 40 feet in width, north and south, taken off of and from the entire width of the south and thereof for Linden Avenue. 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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 1840 N. COMMERCE DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STANZ FOODSERVICE, INC. WHEREAS, a petition for personal. property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1840 N. Commerce Drive, South Bend, Indiana, and which is more particularly described as: PARCEL I: A tract of land in the Southwest Quarter of Section 33, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 90°00'000° West on and along the North line of the Southwest Quarter of said Section 33 a distance of 679.78 feet; thence South 00°42'05" West a distance of 9.01 feet to an iron at the Southwest corner of Progress Drive and Maplewood Avenue; thence South 00°42'05" West on and along the West line of Maplewood Avenue a distance of 399.39 feet to the true place of beginning; thence South 00°42'05" West on and along the. West line of Maplewood Avenue a distance of 409.85 feet; thence South 89°30'39" West a distance of 434.08 feet to the East line of Commerce Drive; thence North 00°29'21" West on and along the East line of Commerce Drive a distance of 409.85 feet: thence North 89°30'39" East a distance of 442.55 feet to the true place of beginning. Said tract being Lot Number 21 of the Airport Industrial Park, Phase II. PARCEL II: Lots Numbered Twenty-eight (28), Twenty-nine (29), Thirty (30) and Thirty-one (31) as shown on the recorded Plat on the recorded Plat of Post Place, recorded August 21, 1912 in Plat Book 9, page 142 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL III: A tract of land in the Southwest Quarter of Section 33, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 90°00'00" West on and along the North line of said Southwest Quarter of Section 33 a distance of 679.78 feet; thence South 00°42'05" West a distance of 9.01 feet to an iron at the Southwest corner of Progress Drive and Maplewood Avenue, said point being the true place of beginning; thence South 90°00'00" West on and along the South line of said Progress Drive, a distance of 450.98 feet to an iron on the East line of Commerce Drive; thence South 00°29'21" East on and along the East line of Commerce Drive, a distance of 403.15 feet to an iron; thence North 89°30'39" East a distance of 442.55 feet to an iron on the West line of Maplewood Avenue; thence North 00°42'05" East on and along the West line of Maplewood Avenue a distance of 399.39 feet to the place of beginning. Said tract being Lot Numbered 22 of the Airport Industrial Park Phase 2. ALSO, a portion of Maplewood Avenue vacated by the City of South Bend, Indiana, pursuant to Vacation Resolution No. 3466 (1977}, which portion is more particularly described as follows: A portion of Maplewood Avenue, beginning at the South right-of--way line of Progress Drive and the East right-of--way line of Maplewood Avenue, South 345 feet to the Southwest corner of Lot 27 in Post Place Addition; thence West 50 feet; thence North 345 feet; thence East 50 feet to the place of beginning; and which has Key Numbers 1$-2183-688604, 18-2183-6832, 18-2183-6834, 18-2183- 6838, 18-2183-6840, 18-2183-6842, 18-2183-6844 and 18-2183-688607, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et se ., and South Bend Municipal Code Sections 2-76 et se ., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et sew., and South Bend Municipal Code Sections 2-76, et seg., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and . WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and fords pursuant to Indiana Code 6-1.1-12.1-4.5 et 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 II. 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 makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the properly owner is qualified for and is granted property tax deduction for a period of five (5) years; provided however, the Petitioner may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under LC. 6-1.1-45 for the same property. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Coriimon Council ~fgnfng of ti~is bill is only to provide an cppartunity fcr public hoarirg and Council action on this issue. PRESENTEl7 ~~ `~'~Q NOT APPRO.~F~ r 3 ~C a IC1 ~~CC~': ~ Q i~iG~°+ JUL 2 3 2408 J06d41 ~gpR6 t0. R~. GtTY ClER~, ADOPTED • ~ ~ SOUTH 8F o ,1d~~ilC// ~d Community & Economic Development ='~~~"''~_ ~ s?~ 2 a 1200 County-Clay Building, 227 WesT Jefferson, South Bend, Indiana 46601-1830 ~ Phone 574/235-9371 • Fax 5741235-9021 To: South Bend Common Council From: Bob Mathia ~,~7~~ Sabject: Stanz Foodservice Petition for Personal Property Tax Abatement Date: July 17, 2008 Due to insufficient information and deadlines at the time of preparation, the report for the subject tax abatement petition did not contain the estimated amount of property tax to be abated and paid during the five-year term of the abatement. The necessary information has since been received and the estimates are provided below and in the attached tables. Total taxes to be abated during the (5) five-year abatement period are estimated at $16,119. Total taxes to be paid during the (5) five-year abatement period are estimated at $136,325 MemoToCommon Counci1.7.17.08 What We Do Today Makes A Difference ! 5 YEAR Stanz Foodservice South Bend Portage Township Personal Property Tax Abatement Schedule* 17-Jul-08 Tax Key Number 8=566-53524 Current Assessed Vaiue: { ~ 5211;970 Estimated Project Cost: ~ '~ 850,000 40% 56% 42% 32°l0 24% Current 100% 80% 60% 40% 20°!° Assessed Value: AV & Tax Year 1 Year 2 Year 3 Year 4 Year 5 Current Assessed Vaiue 100% 520,970 520,970 520,970 520,970 520,970 520,970 Sase Assessed Value 340,000 476,000 357,000 272,000 204,000 Less Abatement Deduction (340,00 (380,800) (214,200) (108,800} (40,800) Net Assessed Value 520,970 520,970 616,170 663,770 684,170 684,170 Prooerty Taxes: ' Assume constant tax rate of 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% Gross Tax (tax rate x net assessed value) Less Circuit Breaker Credit Net Tax Circuit Breaker Cap Circuit Breaker Debt Service Circuit Braker Cap 22,410 22,410 26,505 28,552 29,430 29,430 (3,927) 0 0 0 0 0 18,482 22,410 26,505 28,552 29,430 29,430 3.0000% 15,629 25,829 25,829 25,829 25,829 25,829 0.5477% 2,853 2,853 3,375 3,635 3,747 3,747 18,482 28,682 29,204 29,465 29,576 29,576 New Combined Net Existing Project Existing & New Tax Tax Year Taxes Taxes Taxes Abated Paid 1 18,482 12,062 30,545 8,135 22,410 2 18,482 12,807 31,290 4,785 26,505 3 18,482 12,155 30,638 2,086 28,552 4 18,482 11,690 30,172 743 29,430 5 18,482 11,317 29,800 370 29,430 Totals 92,412 60,032 152,444 .16,119 136,325 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. Tax Abatement Schedule prepared for: Stanz Foodservice South Bend Portage 5 Year Personal Property Abatement Schedule* Existing AV 520,970 Total estimated Equipment Cost: 850,000 Assume constant tax rate of: 4.9205°l0 Assume constant SRTC rate of: 6.4091 TTV Assessed Gross Less Net Year TTV% Year 1-5 Value Tax SRTC Tax 1 0.40 $340,000 $340,000 $16,730 $1,072 15,657 2 0.56 $476,000 $476,000 $23,422 $1,501 21,920 3 0.42 $357,000 $357,000 $17,566 $1,126 16,440 4 0.32 $272,000 $272,000 $13,384 $858 12,526 5 0.24 $204,000 $204,000 $10,038 $643 9,394 $81,139 $5,200 $75,939 Total Taxes Due During Abatement: Total Taxes Abated During Abatement: Total Taxes Paid During Abatement: $75,939 $49,947 $25,991 #REF! Total Taxes Percent Tax Tax Existing Old & New Abated Abated Paid Tax Paid 100% $15,657 $0 23,991 23,991 80% $17,536 $4,384 23,991 28,375 60% $9,864 $6,576 23,991 30,568 40% $5,010 $7,516 23,991 31,507 20% $1,879 $7,516 23,991 31,507 $49,947 $25,991 $119,957 $145,948 " -This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ulimately be determined by the actual assessed valuation and the then current tax rates. Stanz Foodservice Comparison of Taxes Abated & Paid Before HEA 1001 & After 1001 Existing AV 520,970 New Project Cost 850,000 New Project AV 340,000 Before HEA 1001 New Combined Net Existing Project Existing Tax Tax Year Taxes Taxes & New Taxes Abated Paid 1 23,991 15,657 39,649 15,657 23,991 2 23,991 21,920 45,912 17,536 28,375 3 23,991 16,440 40,432 9,864 30,56$ 4 23,991 12,526 36,517 5,010 31,507 5 23,991 9,394 33,386 1,879 31,507 Totals 119,957 75,939 195,896 49,947 145,948 After HEA 1001 New Combined Net Existing Project Existing Tax Tax Year Taxes Taxes & New Taxes Abated Paid 1 18,482 12,062 30,545 8,135 22,410 2 18,482 12,807 31,290 4,785. 26,505 3 18,482 12,155 30,638 2,086 28,552 4 18,482 11,690 30,172 743 29,430 5 18,482 11,317 29,800 370 29,430 Totals 92,412 60,032 152,444 16,119 136,325 1200 CouN-n-CITY BC1ILpiNG 227 W. JEFFERSON BOULEI,'ARD SOUTH BEND, INDIANA 40001-1830 PHONE 57412350371 FAx 574/ 235-9021 "TDI7 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR July 10; 2008 Council Member Derek D. Dieter, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 1ZE: Personal Property Tax Abatement Petition for: 5tanz Foodservice, Inc. Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a personal property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The purposed project consists of the acquisition and installation of new logistical distribution and information technology equipment, including without limitation, warehouse racking systems, fork lifts, pallet movement mechanisms, GPS monitoring and tracking systems and related systems for use in Stanz's full line food service distribution business. The business is located at 1840 North Commerce Drive. The report contains the Department's findings relative to the above petition. The entire cost for the proposed project is estimated between $300,000 to $700,000 for logistical distribution equipment and between $50,000 and $150,000 for information technology equipment. The project meets the qualifications fora (5) five-year personal property tax abatement and a representative from Stanz Foodservice will be available to meet with the Committee on Monday, July 28, 2008. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5835. Sincerely, ~~ ~~~~ Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney COMMUNCI'Y DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL HC PROGRAM PAMELA C. MEYER nONALn E. INK`: MANAGEhIENT~ 5?41235-9660 574/235-9371 E:Lizaeert( LEONari~ Fax: 5741235-9697 5741235-9371 1200 Cocmrv-C+rv BLQLDING 227 W. JEFFERSON BOULEVARD So~+T++ BENS, IN~L~NA 46601-1830 P+{one 574/ 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CFT-~' OF SOU"I'H BEND STEPHEN J. LUECKE, MAYC)K COMMUNITY $~ ECONOMIC .DEVELOPMENT JEFFREY V. GIBNEY EXECCITIVE DIRECTpR TAX ABATEMENT REPOR T TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: STANZ FOODSERVICE, INC. DATE: July 10, 2008 On July 8, 2008, a petition for personal property tax abatement consideration for property located at 1840 North Commerce Drive was filed with the City Clerk by Stanz Foodservice, Incorporated. 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 acid Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY Stanz Foodservice is a full-line, food service distribution business. Stanz uses its warehouse and distribution facility to store dry, refrigerated, and frozen goods to facilitate the transfer and delivery of such goods to customers throughout Northern Indiana and Southern Michigan. The purposed project consists of the acquisition and installation of new logistical distribution and information technology equipment, including without limitation, warehouse racking systems, fork lifts, pallet movement mechanisms, GPS monitoring and tracking systems and related systems for use in Stanz's full line food service distribution business. This equipment will complement Stanz's investment in real estate improvements and its commitment to growing its distribution headquarters and business in south Bend. The entire cost for the proposed project is estimated between $300,000 to $700,000 for logistical distribution equipment and between $50,000 and $150,000 for information technology equipment. COMMCINLEY DEVELOI'MEN"t ECONOMIC DEVELOPMENT FINANCIAL SC PROGRAM PA,Y~FLA L. 1VIEYY.R DONALD E. INAS MA.NAG CM ENT 574/235-9660 5741235-9371 ELIZABETH LeoNARD FAx: 574/35-9697 574/235-9x71 South Bend Common Council RE: Tax Abatement for Stanz Foodservice, Incorporated July 10, 2008 Page 2 Total taxes to be abated during the (5) five-year abatement period are estimated at $ *. Total taxes to be paid during the (5) five-year abatement period are estimated at $ *. EMPLOYMENT IMPACT Per the petition, it is estimated that the project, by itself, will not create additional full-time and part-time permanent jobs within the first year of the project, but will enable Stanz to maintain 162 existing permanent full-time jobs and 9 existing permanent part-time jobs with an annual payroll of $7,251,439, including existing permanent full-time minority employment of 12 positions. ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the petitioner has been granted or associated with two (2) previous tax abatements and has one pending from last year. Term/Type Resolution No. Date 7-year real property pending 5-year real property 3463-OS 5/23/2005 S-year real property 1301-85 6/24/1985 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for personal property tax deduction must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications fora (5) five-year personal property tax abatement under Section 2-84.2, Tangible Personal Property Tax Abatement. *All of the information required to calculate the estimated amount of taxes to be abated and paid was not available in time to meet the deadline for submitting this report. The estimates will be provided at the Community and Economic Development Committee meeting on July 28, 2008. * * This petition was approved by the Redevelopment Commission by Resolution No. 2327 on Apri120, 2007. The Declaratory Resolution (No. 3740-07) was approved by the Common Council on April 23, 2007. r,`-'~ ~s° ~: STATEMENT OF BENEFITS x~ - PERSONAL PROPERTY ~. State Form 51764 tR / 1-06) ~' ~e `" Prescribed by the Department of Local Government Finance ---- FOR4it SB-1 i P~ PRIVACY NOTICE The test and any specific individual's salary information is confidential: the balance of the filing is public record per IC 6-1.1-12.1-5.1 (c) and (d). INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing i( the designating body requires information from the applicant in making its decision about whether to designate an Economic Revtalization 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 andlor 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 distrbution equipment and/or information technology equipment, BEFORE a deduction may be approved. 3. To obtain a deduction, a person must file a certified deduction schedule with the person's personal property return on a certified deduction schedule (Form 103- ERA) with the township assessor o/the township where the property is situated. The 103-ERA must be fried between March 1 and May 15 of the assessment year in which new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment andlor information technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must (le 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 of8enefits. (IC6-1.1-i2.1-5.6) 5. The schedules established under IC 6-1. i-12.1-4.5 (d) and (e) apply to equipment installed after fr.29 equipment installed prior to March 2, 2001, the schedules and statutes in effect at the time shall continue to app ,t`` ter. ~ `li~)>,1.1~ ~nuntlA tl4iCS' ' .~~-- . Name of taxpayer ^ ; Stanz Foodservice, Inc. `' - Address of taxpayer (number and street, city, state and ZIP code) South Bend, Indiana 46628 y ~ .-.•;~ s;~ ~~ ~° i Commerce Drive ,n yc E 1840 N , ,~ . .,r F: Name of contact person ^'- •-- -° phone number Mark Harman, President (574) 235-8524 Name of designating body Resolution number(s) Common Council of the City of South Bend Location of property County DLGF taxing district number 1840 N. Commerce Drive, South Bend, Indiana- St. Joseph 018 Description of manufacturing equipment and/or research and development equipment ESTIMATED and/or logistical distribution equipment and/or information technology equipment Start Date Completion Date (use additional sheets if necessary) Manufacturing Equipment Proposed investment in new logistical distribution equipment and information technology equipment including, without limitation, warehouse racking systems, R & D Equipment fork lifts, pallet movement mechanisms, GPS monitoring and tracking systems and June, 2008 May, 2010 related systems. Logist Dist Equipment June, 2008 May, 2010 IT Equipment Current number Salaries Number retained Salaries Number additional Salaries 171 -$7,250,000 171 -$7,250,000 N/A N/A • MANUFACTURING R S D EQUIPMENT LOGIST DIST IT EQUIPMENT NOTE: Pursuant to IC 6-1.1-12.1-5.1(d)(2)the EQUIPMENT EQUIPMENT COST of the property is confidential. Assessed Assessed Assessed Assessed Cost Cost Cost Value Value Cost Value Value Current values N/A N/A N/A N/A Plus estimated values of proposed project -300-700K Reg. 16 -50-150K Reg 16 Less values of any property being rep{aced NIA NIA NIA N/A Net-estimated values upon completion of project -300-700K Reg. 16 -50-150K Reg 16 ~ • ~ ~ • -• ~ Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other Benefits: • ~ I hereb ceRi that the representations in this statement are true. S' nat of auth ized re resentative Title Date signed (month, day, year) ~~~~~~ Mark Harman, President May 21, 2008 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, pro- vides for the following limitations as authorized under IG 6-1.1-12.1-2. A. The designated area has been limited to a period of time not to exceed calendar years' (see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Installation of new manufacturing equipment; ^ Yes ^ No 2. Installation of new research and development equipment; ^ Yes ^ No 3. Installation of new logistical distribution equipment. ^ Yes ^ No 4. Installation of new information technology equipment; ^ Yes ^ No 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 " 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, year) 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.i-12.1-4.5. INDS01 LJS 694033v2 CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, personal property, located within the City of South Bend, hereby petitions the Common Council of the City of South Bend for personal property (new manufacturing equipment) tax abatement consideration and pursuant to I.C. 6-1.1-12.1-1 et seg., and South Bend Municipal Code Section 2-84.2 et seg., for this petition states the following: Describe the proposed project, including information about the new manufacturing equipment personal property ("equipment") to be installed, the amount of land to be used, if any, the proposed use of the equipment, and a general statement as to the value of the project to your business. This proposed project consists of the acquisition and installation of new to isg_ tical distribution and information technology equipment, including_without limitation, warehouse racking systems fork lifts pallet movement mechanisms, GPS monitoring and tracking systems and related systems for use in 5tanz's full line food service distribution business. This equipment will complement Stanz's investment in real estate improvements and its commitment to growing_its distribution headquarters and business in South Bend. The entire cost for this proposed investment is estimated to be between $300,000 to $700,000 for logistical distribution equipment and between $50,000 and $150,000 for information technology equipment. 2. This investment complements the substantial investment Stanz is making in new real estate construction and rehabilitation at Stanz's primary warehouse and distribution facility located at 1840 N. Commerce Drive in South Bend. This project, itself, will not create additional full-time and part-time permanent jobs within the first year, but will enable Stanz to maintain 162 existing permanent full-time jobs and 9 existing permanent part-time jobs with an annual payroll of $7 25],439, including existing permanent full-time minority employment of 12 positions. 3. Estimate the cost of the Equipment: Stanz estimates that the cost of the new equipment will be between $300,000 and $700,000 for logistical distribution equipment and between $50,000 and $150,000 in information technology,_equipment. 4. (a) The Equipment is owned or to be owned by the following individuals or corporations (if the business organization ispublicly-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 Stanz Foodservice Inc. 1840 N. Commerce Drive Owner South Bend Indiana 46628 (b) The following other persons lease, intend to lease, or have an option to buy this equipment (include corporate information as required in (4)(a) above, if applicable): NAME ADDRESS INTEREST None N/A N/A 5. Give a brief description of the overall nature of the business and of the operations occurring at the location for which tax abatement is requested: Stanz is a full line food service distribution business which serves customer within a 100-120 mile radius of South Bend. Stanz uses its warehouse and distribution facility to store dry, refrigerated and frozen goods and to facilitate the transfer and delivery of such oods to customers throughout Northern Indiana and Southern Michigan. 6. The commonly known address of the property where the Equipment is located is: 1840 N. Commerce Drive 7. The Key Number(s) of said property is: 18-2183-688604,18-2183-6832,18-2183-6834,18- 2183-6838,18-2183-6840 18-2183-6842 18-2183-6844 and 18-2183-688607 Attach the legal description of the property where the equipment is to be located, marked "Exhibit A," and is hereby incorporated herein. Please see Exhibit "A" attached hereto and made a Qart hereof. 9. Attach a map and/or plat describing the property where the equipment is to be located, marked "Exhibit B," and is hereby incorporated herein. Please see Exhibit "B" attached hereto and made a Qart hereof. 10. Attach photographs of the property, taken within 30 days of filing of this petition, marked "Exhibit C," and hereby incorporated herein. Please see Exhibit "C" attached hereto and made a part hereof. 11. The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment $ None -2- 12. The current use of the real property where the Equipment will be installed is warehouse/distribution, and the current zoning is "LI" Light Industrial as established by the City of South Bend Zoni~Ordinance. (This information maybe obtained from the Building Department 235-9553.) 13. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES 2007 $6b 279.10 $31 339.00 2006 $39 347.00 $147 587.52 2005 $36 948.96 $130 713.80 2004 $37 587.88 $133 207.23 2003 - $35,391.53 $111,281.70 (This information maybe obtained from the St. Joseph County Treasurer's office 235-9531.) 14. Describe the commitment made within the past five years by your firm to hiring minority individuals, including number of minorities employed during each of the past five years, specifying whether full time or part-time and whether permanent of temporary employees. The Petitioner shall also list the current number of total employees (full and part-time) and the current number of minority individuals (full and part-time). Year Total Minority Minority Minority Employees Tota! Full-Time Part-Time 2007 ]6$ 13 12 0 2006 166 12 12 0 2005 169 10 8 2 2004 162 13 11 2 2003 172 13 13 0 15. Describe on-site child care of day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. None. 16. What is your best estimate of the market value of the new Equipment after installation? $350,000-$800,000 -3- 17. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? Estimate calculated based on $600 000 investment Year Estimated Dollar Amount 1 $7,200 2 $8,064 3 $4,536 4 $2,304 5 $1,080 18. What is the commitment your firm will make to minority employment during the five years of tax abatement? Stanz Foodservice, Inc. is an equal opportunity employer. Employment decisions are based on merit and business needs and have not been based on race color citizenship status national origin, gender, a e, reli ion,,physical or mental disability veteran status or any other factor protected by law. Stanz is however committed to continuing to follow affirmative action measures during.the next five years to attract minority candidates Rather than relying onwalk-in traffic for the applicant pool Stanz will advertise in local newspapers and increase its use of employment agencies to attract minority candidates Continued expansion of the recruitment methods is intended to increase Stanz' applicant pool and facilitate the selection of qualified minority candidates for open positions at Stanz including from applicants who maY reside in targeted census tracts surrounding the South Bend Airport Industrial Park. 19. The Equipment has not been installed as of the date of filing of this petition. The signature at the end of this Petition is verification of this statement. 20. The standard Industrial Classification Manual major group within which the proposed project would be classified, by number and description: 4244: Grocery and Related Product Wholesaler/424410 (General Line Grocery,L 21. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 424400 -Merchant Wholesale (Non-Durable Goods)/Grocer and Related Products 22. The real property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confrmed by the South Bend Redevelopment Commission: South Bend Airport Industrial Park 23. Other anticipated public financing for the project including, if any, industrial revenue- bonding to besought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business -4- Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and the St. Joseph County, Indiana; or other public financial assistance, including but not limited to public works improvements. None. 24. Describe how and why the manufacturing equipment to be replaced or the facility in which Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues: This investment in personal property complements Stanz's substantial investment in new real estate construction and rehabilitation all of which are designed to increase Stanz's operating efficiencies as a full-line food distributor. This total project includes Stanz's effort to (a) increase the size of its warehouse and distribution facility, (b) enhance operating efficiencies through new cold/freezer warehouse technology and (c) accommodate growth in its full line grocery warehouse and distribution business. 25. The new manufacturing equipment is logistical distribution equipment, information technology equipment andlor will be used in the direct production, manufacture, fabrication, assembly, extraction, mining, processing, refining, or fnishing of other tangible personal property and that the equipment was never before used by its owner for any purpose in Indiana. The signature at the end of this Petition is verification of this statement. 26. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: Name: Timothy D. Hernly Richard J. Deahl Address: Barnes & Thornburg LLP 100 North Michigan, Suite 600 City, State, -Zip Code: South Bend, IN 46601 Telephone: 574-233-1171 -5- WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible personal property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verYfies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owners(s): STANZ FOODSERVICE, INC. Y~ Mark Harman, President Dated: May 21, 2008 (( .~ r., ~: t~ Fd:a.i F.v ~:,..;i;::f ~i :~ a ~ _ ~ ?aas JOt~tQ'~v~R`c -6- EXKI$IT A EXHIBIT A ~ ~ ~` - z STANZ FOODSERVICE INC. ' _~ ~ ~~` \" ~'- ~z ~°:; , LEGAL DESCRIPTION OF REAL PROPERTY r ~°y ~ ~`' rt ~ ~ ~' ~ ~` t , r , ' - j _._.~ ~ ~. 1 ~ 4~ FSS ~ ~ ~ EXHIBIT A RF ~ ~ LEGAL DESCRIPTION OF PROPERTY . r , t. PARCEL I: A tract of land in the Southwest Quarter of Section 33, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 90°00'000° West on and along the North line of the Southwest Quarter of said Section 33 a distance of 679.78 feet; thence South 00°42'05" West a distance of 9.01 feet to an iron at the Southwest comer of Progress Drive and Maplewood Avenue; thence South 00°42'05" West on and along the West line of Maplewood Avenue a distance of 399.39 feet to the true place of beginning; thence South 00°42'05" West on and along the West line of Maplewood Avenue a distance of409.85 feet; thence South 89°30'39" West a distance of 434.08 feet to the East line of Commerce Drive; thence North 00°29'21 "West on and along the East line of Commerce Drive a distance of 409.85 feet: thence North 89°30'39" East a distance of 442.55 feet to the true place of beginning. Said tract being Lot Number Z 1 of the Airport Industrial Park, Phase II. PARCEL II: Lots Numbered Twenty-eight (28), Twenty-nine (29), Thirty (30} and Thirty-one (31) as shown on the recorded Plat on the recorded Plat of Post Place, recorded August 21, 1912 in Plat Book 9, page 142 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL III: A tract of land in the Southwest Quarter of Section 33, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 90°00'00" West on and along the North line of said Southwest Quarter of Section 33 a distance of 679.78 feet; thence South 00°42'05" West a distance of 9.01 feet to an iron at the Southwest corner of Progress Drive and Maplewood Avenue, said point being the true place of beginning; thence South 90°00'00" Weston and along the South line of said Progress Drive, a distance of 450.98 feet to an iron on the East line of Commerce Drive; thence South 00°29'21" East on and along the East line of Commerce Drive, a distance of 403.1 S feet to an iron; thence North 89°30'39" East a distance of 442.55 feet to an iron on the West line of Maplewood Avenue; thence North 00°42'05" Easton and along the West line of Maplewood Avenue a distance of 399.39 feet to the place of beginning. Said tract being Lot Numbered 22 of the Airport Industrial Park Phase 2. ALSO, a portion of Maplewood Avenue vacated by the City of South Bend,. Indiana, pursuant to _ Vacation Resolution No. 3466 (1977), which portion is more particularly described as follows: A portion of Maplewood Avenue, beginning at the South right-of-~vay line of Progress Drive and the East right-of--way line of Maplewood Avenue, South 345 feet to the Southwest corner of Lot 27 in Post Place Addition; thence West 50 feet; thence North 345 feet; thence East 50 feet to the place of beginning. -7- EXHIBIT B Map Output Page 1 of 1 ArcIMS Viewer I~1a 1 ' _:'~ -•S 'Y 2 1CA. C3}?S 18d ta}F.a:ff5 1 ~-~ t t Ia~1a}easr ii t.: 1G3 ~:.,;, q ~~ i 2~ 1CC6QSSX6 15315}6aEGi i ; , i T ~~~" ~~ i ~ ~ ~ .. , ~; '; ia~?1l3fE38 Legend ~_.....,. , ..-~~..~.,~~• ~ ~~ ~` ~ ~ '~~ 3 1G13L13ji9 ~to.i.1A3f3~C13 ~ :f 5[. 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Reproduction of this material is not possible without the written ermission of the Michiana Area Council of Governments. ac. ~ : ,, ~ ~~ t -. ~x• ~ ~.; ~ • P rs ~ ~ ~ ,.... a`1'~.' ~. ,. 1 tl/~ -'' .~~ .,.-gyn C t/" .! t a ~~• J f.~ ~1~ I, http://www.macoggis.cotn~'arcims/ims`'ServiceName=MACOGOverviewMap&ClientVersion=4.0&Fonn=... 7/8/2008 Yahoo! Maps - 1840 Commerce Dr, South Bend, IN 46628-1563 Yahoo! Maps - 1840 Commerce Dr, South Bend, YA~IoC~~ t_ocat_ {N 46628-1563 YAH~! .;, ' . ::.; tdthrop 5t la lhresP St South &~d ' Regional Airport 5cuth !?end AsFod Pr;go Prc~nss z ~ T_ ~ ~ •a ~ °~ 4. % Mdttaut:tll' UPIt~ c ~ f ~ a w~~~ ~' v~ff-at a </ ' . _ _ a ~ rarx K fr Keilcr n F Ke ller 5t Sl z liri ~ t23 D ~ ~ ~ Oi " ~ ~ K ~ ~ Ly'rrn ~ 't~oJ,~ ~ ~,, n . c~. ~ St ~V~ Y c ~ C.~ ~ x ~ x . tV Etw tl r - G V a v ~ ElrtGC;! 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Page 1 of 1 http://maps.yahoo.com/print?and=1 &v3=0&.intl=us&&mvt=m&tp=1 &stx=&clat=41.698927&clon... 7/9/2008 EXHIBIT C .. _ _ ..5.71 ~~ ;..;,' F R, ~~1R~!', R't~ i~~ .u ~ ~~ .. s ~~~ • t ~~~ ` .~ W~ u .... ~ ..~, ~. ~. .. . ~..F, '9`95. ." xY._. +f.M d t _ ~ ~'.Lr sa yid ..,v., •,~ V `; ~ 7 f :~ 1~~. ~~ ~ _-krr= ft~, ~i. . v ~ ~~ '7 [ i fi~ 4'.r s} f y.e.~ ~ ,(~ t ~. u s 6 a ~ Y s ~ ~~ t ~ ~ '^ze n to 1 _ ` ,~ ,, i. ~~' ~- ,, ~ o » ~w -~~ ~~~t~ ~ ~~~:jg. ej ,: ,.. i4~, , ~K.'~. 1 ~ ~ ~~ i ' ~ a ei+~: .~' ~ _ tr .. 1. .irk _ ` ;~,: ~~~.~~ "~~ <,, y ~_ ~~7,`Y. y Y, i~. nk :.?ii: ~.. .~ ~y ice., ~$ a .Y ,~ ~. A ,; i' ~ ' ; 9`+ !~'*"' ~tis r~" ~., 1 ~ v n ~ s~di. :~ - ~~~ 1Yk ~.', .~ i~ ': 11 ~ 1 d ~t ~ ~C~ ~ t` ~~~ Y Y 1400 C,oUNTY-CtI'Y BUILDING 227 ~/. JEFFERSON BOULEVARD SoUTx BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW PHONE 5741235-9241 FAx 574/235-9892 TDD 574/ 235-5567 CHARLES S. LEONE ALADEAN M. DEROSE CITYATTORNEY July 23, 2008 CHIEF ASSISTANTCITYATTORNEY Mr. Timothy Rouse ~ President, South Bend Common Council `(~`~.," ~\ ~,' ~ ~ U ~-~~ 4`'' Floor, County-City Euilding 1~ ~" South Bend, IN 46601 Re: Resolution Directing a Public Question on Withdrawal of Water Utility from IURC Jurisdiction Dear Mr. Rouse: The City administration believes it is in South Bend's best interest to remove the City's water utility from the jurisdiction of the Indiana Utility Regulatory Commission (IURC). Attached is a Resolution authorizing submission of this public question to South Bend voters on the general election ballot for November 4, 2008. Presenting this Resolution to the Common Council at the Council Committee and regular meeting on July 2~, 2008 will be Public Works Director Gary Gilot and special counsel Nicholas Kile. We hope the Council will give this Resolution its favorable consideration. Thank you. Sincerely, C;~_ Aladean M. DeRose Chief Assistant,~~ rg~~'~ li~ ~ i~'sS^e~~ ~e~~i~iu r° _ ,.. JUL 2 3 2008 THOMAS L. BODNAR CHERYL A. GREENS ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METENER ,JEFFREY L. SANFORD JOHN E. BRODEN RESOLUTION NO, A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DIRECTING A PUBLIC QUESTION ON WITHDRAWAL FROM IURC JURISDICTION. WHEREAS, the City of South Bend owns and operates a water utility; and WHEREAS; this Council has determined that it would be in the best interests of the City and its citizens for the City's water utility to be removed from the jurisdiction of the Indiana Utility Regulatory Commission ("Commission") so that the citizens of South Bend will have more direct control of the utility's rates; and WHEREAS, pursuant to Ind. Code § 8-1.5-3-9, a municipal legislative body that wishes to withdraw from the jurisdiction of the Indiana Utility Regulatory Commission may submit such withdrawal as a public question to the registered voters of the municipality. NOW, THEREFORE, BE TT RESOLVED BY THE COMMON COUNCII. OF THE CITY OF SOUTH BEND; INDIANA, as follows: Section I. The following public question should be submitted to the registered voters of the City of South Bend at the next election in the form prescribed by Ind. Code § 3-10-9-4: Shall the municipally owned utility be taken out of the jurisdiction of the utility regulatory commission fox approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness? Section II. The public question quoted herein shall be certified to the County Election Board for St. Joseph County. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. r /?C . l Member o the Common Cou it PRESENTED ~-L~-~~ NOT APPRO'€E~? ~gning of this bill is c.rt}~ to provida Bn epportunit~l fog p :~,~" i~_:~rit,g and Council action on tn-s issue. =t1~~~ ~CZ ~'~'N'1"~g'~ ~~F~l~' J U L 2 ? 200~~ 4`1 r".~ ~MV:::i~~ ADOPTED Emmanuel Christian Church 1024 I~ Nestern Ave. South Bend, IN 46619 Pastor; Francisco Cuenca July 17, 2008 To Whom it May Concern: 1~-,1\ ~~- ~3-°g I write this letter in behalf of Emmanuel Christian Church and myself to provide our reasoning in vacating the alley on the Ordinance. I have been a member of Emmanuel Christian Church for over 12 years. During that time, I have seen our congregation grow in numbers. Due to this, we are in need of building a bigger and more suitable church temple for our youth and children. This cannot be possible unless we vacate the surrounding alleys to our church. Our church property lies next to this alley in a very particular form, that we can not build on it unless it is vacated. We have main- tainedthe alley to this day by mowing and cleaning any debris around it. We believe to be the only people to have ever used it. We would appreciate your help in voting to vacate this alley so we can then start our plans in building our dream church. We thank you for your time in reading our request and hope to receive a response from you soon. God Bless! Sinc rely, / (~ ~ Gloria Vasqu~ (Church Secllretary) Emmanuel Christian Church Phone: (574) 323-8895 ~'l~"~F r.F~ '~ ~ Fax: (574)675-9629 JUL } 8 2008 ~1t aN.:Ct...c dQ<< ` "''~r ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF LAUREL STREET AND SOUTH OF WESTERN AVENUE CONTINUING SOUTH BORDERING THE PENN CENTRAL RAILROAD STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: The alley to be vacated is the first North/South alley (10' wide) West of Laurel Street on the South side of Western Avenue and the 14' wide alley that runs Southwesterly from said North/South alley along the North right of way of a vacated railroad. Both alleys being located in Bank Out Lot 92, in the Southwest'/ of Section 11, Township 37 North, Range 2 East, St. Joseph County, Portage Township, City of South Bend, Indiana, and more particularly described as follows: Commencing at the intersection of the original South right of way line of Western Avenue and the West right of way line of Laurel Street (said original line of Western is 15 feet North of the current right of way line); thence West along said original South right of way line of Western Avenue a distance 346 feet, more or less, to the intersection of the South right of way line of Western Avenue and the East right of way line of said North/South alley and the place•of beginning; thence South along said East line of said 10' wide North/South alley a distance of 72.3 feet to the Northerly right of way line of a vacated railroad right of way Tax ID #018-3059-2307.01; thence Southwesterly along said Northerly railroad right of way a distance of 190 feet, more or less; thence Northwesterly perpendicular to said Northerly right of way line of said railroad a distance of 14 feet; thence Northeasterly along a line parallel to and 14 feet from the Northerly right of way line of the vacated railroad a distance of 182.9 feet to the West right of way line os said 10 foot wide North/South alley; thence North along said West right of way line of the 10 foot wide North/South alley a distance of 61.82 feet to the South right of way line of Western Avenue; thence East along said South Line to the place of beginning. Hereby determines that it is desirable to vacate said property SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION 111. The following property may be injuriously or beneficially affected by such vacating: Lot 18-3059-2305, Lot 18-3059-230701, Lot 18-3059-2303, Lot 18-3059-2302, Lot 18-3059-2301, and Lot 18-3059-2299 SECTION IV, The purpose of the vacation of the real property is for the Emmanuel Christian Church to build it's new facilities, their dream church. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. .1 • Member of the Common C uncil Attest: g'sgning a? {h`is 5'i11 i u o ~jY~s~t P~ sand an cp~crtunit,/ for P, h~. Council act+on an this -ssue. City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved. and signed by me on the day of at o'clock . m. '( st READING ~ ~Z g'-C~ Q PUBLIC k',EARII~IA 3 rd REFtDt(`dG t~OT ASP?.~7`r`` R~PE~:REn. . ^'.'~SSL 2 , Mayor, City of South J U L 1 8 2008 JO~lid VOORDE CITY CLEr,K, S0.6!_RD, IN. PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: O I ~ O8 I (WEj, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: _=T~n~ ~ ~(S-~ 1~ ~`~ ~"~fi ~ SO~A'{-~(1 ~ l2ll ~ ems- o~ ~ Q I ~ re 1 ~~•~- and So~.~ t~a~\~roc~d B. THE STREET DESCRIBED AS: NAME (signed ~ printed) ADDRESS ~ ~.e~rvr ~~1e, LOT # t8-3D~t-2303 FcI~:~~ ~~ ~E€~~~'S Q~fesae JUL 1 82008 ~~ .~ ~~ ran ~f:. Lr}cj.. c~Te c~.~_:~Y, ~ r,. c~a, tt~l RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 ' 574-235-9221 CONTACT PERSON (S) NAME: ~tlO~i Q 4 r t- V Q~l~{/2 ADDRESS: ~0 ~ • ~(~~• ~ • ~~,~n C~er~d , l N ~~ln l3 PHONE: ~c~-~~~ c~~' F33a~J T(3e Cl{ey t0 be Va ated iS th8 fli ji NOrtll/Svllth alley (i Q' Hlide) i'fe5t of LQUre( Streej on the South side of Western Avenue and the 14' wide alley that runs Southwesterly from said Narth/South alley along the North right of way of a vacated railroad. Both alleys being located in Bank Out Lot 92, in the Southwest ;4 of Sectian 11, Township 37 North, Range 2 Eost, St. Joseph County, t'ortage Township, City of South Bend, Indiana, and mare particularly described cs fellow: Cammencing at the intersection of the original Sauth right of way sine of 1"lestern Avenue and the V`,'est rght of way line of Laurel Street (said original line of Western is 15 feet North of the current right of way line); thence 'lest along said original South right of way (ir,e of ~4'estern Avenue a dis#ance of 346 feet, more ar less, to the intersection of the South right of tivoy line of ti'lestern Avenue and the East right of way line of said North/South ciley end the place of beginning; thence South a(eng said East line of sold 10' wide North/South alley a distance of 7~.3 feet to the Northerly right cf way line of a vacated railroad right of way (Tax l0 x'018-3059-2307.01); thence Sauth:vester(y along said Northerly railroad right of way a distance of 190 feet, more or less; thence Northwesterly perpendicular to said Northerly right of way line of said ra{{road a distance of 14 feet; thence Northeaster{y along o-fine parallel to and 14 feet from the Nartheriy right of way line of the vacated railroad a dim:... ~ R a _ feet to the West tight of way line of said 10 foot wide North/South elle;. ~~~'~e(3~ ~~;~~,~r:~ ~~~~~~ North ciong said Nest right of way line of the i0 foot wide North/South alley ---~',~° distance of 61.82 feet to the South right of way line of Vlestern Avenue; th nce East a(ang said South line to the place of beginning. UU~. ~ $ 2008 A(~~p,~ .k~KF~ ~F;g~rr,,7gqq RR qq~~ 41:7 ~F 4[ 14, w4~. G~tu'J, !Li Joe Grabill 202 Lincolnway E. Ste. 100 Mishawaka, In 46544 Burkhart Advertising P.O. Box 536 South Bend, IN 46624 Alma and Jaime Navarro 1033 Hancock St. South Bend, In 46619 Housing Authority of South Bend 501 S. Scott St. South Bend, In 46601 Teresa L. Buggs 1044 Western Ave. South Bend, IN 46601 George Gofis 21344 Ravenna Dr. South Bend, In 46628 Rolland Schafer 65045 Miami St. Bremen, In 46506 Maryrose Clayton 304 E. Donald St. South Bend, In 46613 Teresa L. Buggy 1042 Western Ave South Bend, IN 46601 JUL .1,J8 L~QpB c~~r. 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 Y~~11 IJo, 4`I ~€ CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS GAxY A. GILOT, P.E. DIRECTOR OF PUBLIC WORKS July 22, 2008 Rev. Timothy Rouse President South Bend Common Council In Re: Ordinance to Amend the South Bend Municipal Code Chapter 16, Article 2, Sections 16--6: To adjust rates for the collection of Solid Waste. Dear President Rouse: Attached is an ordinance for Council consideration which deals with amendments to Chapter 16 of the Municipal Code, specifically Solid Waste fees. These amendments are prompted by the increased cost of collection and disposal of residential solid waste. Vde are asking, at this time, to increase the cost for service by two-dollars and fifty five cents ($2.55) per month for each class of customer and for increases of 3% in 2010 and 2011. These new fees will allow us to put our solid waste vehicles on a seven year replacement schedule, allow us to replace lost containers, and rebuild reserves. Even with these rate increases South Bend Solid Waste fees will remain competitive with surrounding cities. I will make the formal presentations and am available anytime if you have questions. Sincerely, ~~~~ J hn J. on ENGINEERING ENVIRONMENTAL SERVICES CARL LITTRELL, P.E. JOHN J. DILLON, PH.D. 574/235-9251 574/277-8515 Fax 574/235-9171 FAx 5741277-8980 PHONE 5741235-9251 FAx 574/235-9171 TDD 574/ 235-5567 ~t~~''~A il3 ;~;,~~'~ ~~~tCP.' „~ L 2 3 2008 JO~~t! ~iGC3AD~ CITY GLFB~ , ~Q. OGPtD, ll~. CENTRAL SERVICES STREETS WATER WORKS MATT CHLEBOWSKI SAM HENSLEY JOHN F. STANCATI 574/235-9316 574/235-9244 574/235-9322 Fax 574/235-9007 Fax 574/235-9272 Fax 574/235-9728 ~7t 1 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA; AMENDING CHAPTER 16, ARTICLE 2, SECTIONS 16-6 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST RATES FOR COLLECTION OF SOLID WASTE STATEMENT OF PURPOSE AND INTENT Since 1993 the South Bend Solid Waste utility rate for most residential customers has been under Nine Dollars ($9.00) per month. Over these past fifteen years, the Bureau of Solid Waste has been successful in improving service, reducing staff and improving the technology of its equipment. The Bureau has furnished closed containers to City residents. The appearance of South Bend's streets and alleys has improved, and huge strides have been made in becoming a "Clean City". However, rising fuel costs, an aging fleet, and increased landfill tip fees have cut into reserves. It is necessary to raise rates in order. to sustain quality service. This ordinance provides for a rate increase of two dollars and fifty-five cents ($2.55) per month for the remainder of 2008 and 2009. Increases of 3% in 2010 and 2011 are also included to cover any inflationary increases in near future. Revenues received will allow for ongoing replacement of vehicles and containers, as well as, increased operating costs, particularly fuel and landfill costs. The terms of this ordinance are in the best interests of the City of South Bend. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA that Chapter 16, Article 2, Section 16-6 of the South Bend Municipal Code be amended as follows: Section I. Chapter 16, Article 2, Section 16-6, subpart c of the South Bend Municipal Code be and hereby is amended to read as follows: Section 16-6 Collection of residential refuse; exceptions; fees. (c) The City shall charge the owner or occupant of each occupied residence within the City for the collection and disposal of residential refuse according to the following schedule: (1) One-family dwelling: ~~~+ a^»~ a h+< ^r*~ ~QQ Q~~ a b me~tl}. Eleven dollars and thirty-five cents ($11 351 per month in 2008 and 2009; Eleven dollars and sixty-nine cents ~ 11 69) per month on 3anuary 1, 2010• Twelve dollars and four cents ($12 04) per month on January 1, 2011 and thereafter until modified (2) One-family dwelling where the head of the household has submitted to the Board of Public Works proof of age sixty-five (65) or over: ~;~~^ a^"~ --~ ~~+., ,.o.,+n iQC cm _.~_ Eight a~ dollars and five cents ($8.05) per month for the remainder of 2008 and 2009; Eight dollars and twenty-nine cents ($8.29) per month on January 1, 2010; Eight dollars and fifty-four cents ($8.54) per month on January 1, 2011, and thereafter until modified. (3) Two-family dwelling with one water meter: Sixteen dollars and thirty-five cents ($16.35) per month or Eleven dollars and thirty- five cents ($11.35) per month per water meter for the remainder of 2008 and 2009; Sixteen dollars and ei htg_ y-four cents ($16.84) or Eleven dollars and sixty-nine cents ($11.69) per month per water meter on January 1, 2010; Seventeen dollars and thirty-five cents ($17.35) per month or Twelve dollars and four cents ($12.04) per month per water meter on January 1, 2011 and thereafter until modified. (4) Three-family dwelling with one water meter: € »._... ... b...J ........, ~w.v.,,vJ r..a ..av<a ~.. v< -i.a~a.c-u~irci eer=t~ r-QQ QO` A: ~ ~tl: r t + Twenty-one. dollars and thirty-five cents ($21.35) per month or Eleven_dollars and thirty- five cents ($11.35} per month per water meter for the remainder of 2008 and 2009; Twenty-one dollars and ninety-nine cents ($21.99) per month or Eleven dollars and sixty-nine cents ($11 69) per month per water meter on January 1, 2010• Twenty-two dollars and sixty-fve cents ($22.65) per month or Twelve dollars and four cents ($12.04) per month per water meter on January 1 2011 and thereafter until modif ed. (5) Four-family dwelling with one water meter: -r.,,o„+., +~,,.oo t~tl~l~rr ~nrl a' 1,+ ~~ (Q7~ 4(1\ r_C: 1,+ fl 11 ,7 L,+ + b J l`/`.•.~ vvJ~< .b ;$4.40) r°. :.,. ~< «<~tL<. Twenty-six dollars and thirty-five cents ($26.35) per month or Eleven dollars and thirty-five cents ($11.35) per month per water meter for the remainder of 2008 and 2009• Twenty-seven dollars and fourteen cents ($27.14) per month or Eleven dollars and sixty-nine cents ($11 69) per month per water meter on January 1, 2010; Twenty-seven dollars and ninety-five cents ($27.95) per month or Twelve dollars and four cents ($12 04) per month per water meter on January 1 2011 and thereafter_until modified. Section III. This Ordinance shall take effect September 1, 2008. Section III. This Ordinance shall be in full force and effect from and after the time it has been adopted by the Common Council and approval by the Mayor. Member, South Bend Common C~nci1 Attest: Bign(ng of thPs biPP i; orty to ~r~~ride an cpYorfiimity fcr pul.ii~ !«.a;~ir,g 2nd City Clerk Cauncii action on this issue. of Presented by me to the Mayor of the City of South Bend, Indiana on the day 2 , at o'clock . m. City Clerk Approved and signed by me on the day of o'clock 2 , at Mayor, City of South Bend, Indiana 1 st READING ~ `~, ~6 PUBLIC HEARfNG 3rd READWG NOT APPROVED REFERRED PASSED ~B~~ti ~l~ ~~~C~~'b ~~~gw~ J U L 2 3 2008 JGidPd Vt~OE?DI: CITY CLEt~iS, SQ. BEND, IN. ~~1~ loo a~-~~ RESOLUTION NO. A RESOLUTION OF T`HE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1911 Ireland Road, South Bend, IN 46614 WHEREAS, Indiana Code. Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1911 Ireland Road, South Bend, IN 46614 in order to permit the construction and use of an A&T 150' Wireless Telecommunication Tower/Facility in the City of South Bend located at 1911 Ireland Road, South Bend, IN 46614, Parcel #23-1040-223605 SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION N. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ~w ~ ~us-~ Member of the Common Council only to n,-o~,'ide of this bill ~ :b;ic r,e^, ina atild 61gn~ngortunity an oGP action on th-s issue. ~,ouncil 1'RESEN7ED ~tOT APPROVED ~it~d to Cl~r'~'~ Q~ic~ SUN 2 0 2008 1t?HN ~rCCPpE -~. ADOPTED BOARD OF ZONING APPEALS OF THE CITY OF SOUTH SEND 125 S. Lafayette Blvd. Suite 100 South $end, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 July 18, 2008 The Honorable Common Council Of the City of South Bend 4th Fioor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of AT&T BZA 7/17/08 Dear Council Members: The above referenced petition of AT&T was legally advertised on July 3, 2008. The Board of Zoning Appeals gave it a public hearing on July 17, 2008, at which time the following action was taken: Upon a motion by Mr. Hoffman, being seconded by Mr. Kilbase and unanimously carried, the petition for Special Exception for AT&T fora 150' telecommunications tower facility, on property located at 1911 Ireland Road, zoned "CB", is sent to the Common Council with a Favorable Recommendation. The deliberations of the Board of Zoning Appeals and points considered in amving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerel ~~~~ ..~' Charles C. Bulot Building Commissioner CCBJcah '~'ij~~ X13 i=~{:s'~';' y ~'S~dG~ ~~~ ~ " LU UV 1.i t 1 li i..ii;, :YiI. ~'i~~'~lt ~g~. AT~eT (Telecommunications tower) SPECIAL EXCEPTION PURSUANT 21-09.3(D) BOARD OF ZONING APPEALS CITY OF SOUTH BEND, INDIANA FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE IN.TURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: De,•elopment and use as presented will comply with all Uuilding, fire safety, traffic, and parking regulations as to not bein~* injurious to the puUlic health- safety- morals, and general welfare of the community. ?. THE PROPOSED L/SE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT .AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the nei~hhorhood and will not devalue the surrounding properties. .. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE .DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. ~. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COAdPREHE,1VSIi E' PLAN BECAUSE: It is the t'eeIin_ of the Board that the variance is hlending into the overal] Comprehensive Plan and is not deviatin=~ from it's intent. CONDITIONS OR REVISIONS: DECISION IT I5 THEREFORE the decision of the Board that this request for Special Exception shall he passed onto the City of South Bend Contmon Council with a: FAVOR,.BLE RECOMMENDATION ADOPTED this 17TH Day of.TULY, 2008 ~-ES NO ® RICHARD KILBASE ® CHRISTOPH HOFFMAN .ABSENT DAVID SASSANO ® MAURICE HOBAN ® ELONDA WILDER-HAMILTON ill N~- o~ U RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH SEND . BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1129 N. ST. LOUIS BLVD. WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36- 7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1129 N. St. Louis Blvd., South Bend, Indiana, 46617. in order to permit an accessory parking lot in an SF2 district. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby fords that: The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. Member of th Coe~inmon Council EigningoQt n tis oar' Pg bi c'yi~earipg `a~i~id an opp Y Council action on this issue. p~~sEi~'~Ep ~ ' Z ~ ~ ~~~ ~,2~~ovE~ ~~~~~ .. ~id~d ~~~'~ ~~~~~ ~u~ ~ ~ zoos a~~~a va~~~~ cs~ cc.~Rtc, s©. ~~~D, ~~. BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND PETITION APPLICANT'S NAME GREATER HOLY TEMPLE CHURCH OF GOD IN CHRIST PHONE 574-23 4-23 51 ADDRESS 710 E NAPOLEON BLVD, SOUTH BEND, INDIANA 46617 ADDRESS OF PROPERTY 1129 N ST. LOUIS BLVD, SOUTH BEND, INDIANA 46617 PRESENT ZONING OF PROPERTY SF2 OWNER'S NAME GREATER HOLY TEMPLE CHURCH OF GOD IN CHRIST PHONE 574-234-2351 ADDRESS 710 E NAPOLEON BLVD, SOUTH BEND, INDIANA 46617 COUNSEL OR CONSULTANT ROB MARTIN (BARK DESIGN GROUP, LLC)_ PHONE 574-534-6531 ADDRESS 502 S MAIN ST, GOSHEN, INDIANA 46526 NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: -SPECIAL EXCEPTION FOR ACCESSORY PARKING LOT IN AN SF2 DISTRICT -VARIANCE FROM THE REQUIRED 20' SIDE YARD SETBACK TO 10' SIDE YARD PARKING SETBACK. I attest under the penalties for perjury, that the foregoing representations are true. 1~~~i1 Siana~ure 'off` Property Owner (s) ~~r ~~~g~ 502 S. Main 'St.. , Goshen, IN 4652.6 Tel» 574-534-653.1 E'ax: 574-:534-656° June 25, 2008 RE: Petition seeking SPECIAL EXCEPTION for GREATER HOLY TEMPLE CHURCH OF GOD IN CHRIST To Whom It May Concern;: We (GREATER HOLY TEMPLE CHURCH OF GOD IN CHRIST, 710 E NAPOLEON BL4D, SOUTH BEND, INDIANA 466:17., Phone # 574-234-2.33..1) are requesting a SPECIAL EXCEPTION for the followng» • SPECIAL EXCEPTION TO ALLOW AN ACCESSORY OFF-STREET PARKING AREA WITHIN AN SF2 ZONING DISTRICT • VARIANCE FROM THE REQUIRED 20' SIDE-YARD SETBACK TO 10' SIDE-YARD SETBACK TO ACCOMMODATE THE REQUIRED PARKING The approval of these requests shall not be injurious to the public health, safety, morals and general welfare of the community for the following reasons. 1. Granting the variance will allow the construction of a gymnasium addition to the church across the street. This will help the church serve local community needs The use and value of the area adjacent to the property included in the requests will not be affected in a substantially adverse manner because: 1. Landscaping & screening per the South Bend city ordinances will be installed 2. The parking demand during the week will be a fraction of the need that is calculated per the city ordinances. 3. The church operates a van / bus to bring approximately 15 to 20 congregation members to church, reducing the number of parking spaces needed. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein because: 1. The existing church is at present an asset to the neighborhood, and maintains its property with pride and distinction serving as an example to the adjacent properties. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan because: 1. A church is a permitted use within an SF2 zoning district 2. This exception will allow for church parking which is also permitted within an SF2 zoning district Contact: Rob Martin of Barr Design Group, located at 502 S. Main St., Goshen, Indiana will be presenting the petition. The phone number there is 574-534-6531 rcels County Parcets Rec PARCELID NAME_1 PROP_ADDR ST II ~2EET CITY NOLAN DENTS AND VAC LOT 68 ST 1 18-5104-3605 CATHERINE LOUIS 701 St Vi cent St South Bend IN 46617 MILLER BRIAN L AND 2 18-5104-3620 KATHLEEN M 1115 N ST PETER 1115 N St Peter St South Bend IN 46617 3 18-5109-3857 DRAMJ LLC 1104 HILL 61410 CR 3 Elkhart IN 46517 4 18-5109-3867 ALEXANDER MICHAEL A 1105 ST. LOUIS 1105 N S I Louis St South Bend IN 46617 6698 EAS T 150 5 18-5110-3929 SHORT TIM & DENISE 522 NAPOLEON NORTH ~ Mill Creek IN 46365 TAYLOR KEITH D & 6 18-5109-3848 SHARITA D HILL ST 608 Napo leon St South Bend iN 46619 622 NAPOLEAN/1133 7 18-5109-3859 SCOTT BARROS TONI ST. LOUIS 622 Napo can South Bend IN 46617 8 18-5109-3855 1 G LLC 1114 HILL 1755 S H yes St #A Arlington VA 22203 CHANCE CHERYL 1102 HILL/613 ST. 9 18-5109-3858 L.1 4 MISC VINCENT 1102 N H~ II Street South Bend IN 46617 10 18-5109-3868 TOWNSEND EMMA 623 ST. VINCENT 623 St Vin cent St South Bend IN 46617 AZZARELLO JAMES 11 18-5109-3852 LYNN JR & BRONWYN HILL 8927 Ech Valley Dr Houston TX 77055 HOUSING AUTHORITY 12 18-5109-3863 OF SOUTH BEND 1121 ST. LOUIS 501 S Scg tt St South Bend IN 46601 1129 ST. LOUIS 13 18-5109-3861 REDDING JULIA CARTER BLVD 1129 N S Louis BI South Bend IN 46617 NOLAN DENTS AND 14 18-5104-3607 CATHERINE 701 ST VINCENT 701 St Vin cent South Bend IN 46617 NOLAN DENTS AND VAC LOT 69 ST 15 18-5104-3606 CATHERINE LOUIS 701 St Vin cent South Bend IN 46617 RYAL JOHN MICHAEL & VAC LOT 63 N ST 16 18-5104-3621 ERIN LEE PETER 1105 N S PETER ST South Bend IN 46617 BASS F LESTER ETAL 17 18-5110-3934 BASS FRANKPETMISC 1109 HILL 1109 HIL ST South Bend IN 46617 18 18-5109-3856 1G LLC 1110 HILL 1755 S H yes St #A Arlington VA 22202 ALEXANDER WILLIAM H. 19 18-5109-3866 AND LENORA A., LOT 8 ST. LOUIS 1313 E C mpeau St South Bend IN 46617 ALEXANDER JOHN & ~ 20 18-5109-3865 DEBRA ST. LOUIS 1117 N S Louis Blvd South Bend IN 46617 ~~ ~.4 ¢• Q? i\}' ~i" . ~~ ~`. BASS TRACY L AND CRYSTAL M LF EST 21 18-5110-3935 WILFOR 1107 N. HILL 1109 HILL ST South Bend IN 46617 HOUSING AUTHORITY I 22 18-5110-393101 OF SOUTH BEND 1127 HILL 501 S Sc~ tt St South Bend IN 46601 23 18-51093853 1G LLC 1118 HILL 1118 Hill I South Bend IN 46617 CIVIL CITY OF SOUTH 14th Floo County-City 24 18-5109-3854 BEND 1118 HILL Bldg ~ South Bend IN 46601 ALEXANDER JOHN R & 25 18-5109-3864 DEBRA E 1117 ST. LOUIS 1117 N S Louis Blvd South Bend IN 46617 HOUSING AUTHORITY 26 18-5110-3933 OF CITY OF S. B. 1121 HILL 501 S Sc ott St South Bend IN 46601 GREATER HOLY TEMPLE 1131 ST. LOUIS 27 18-5109-3860 COGIC BLVD 710 E Na oleon Slvd South Bend IN 46617 28 18-5109-3850 SCHROETER DAVID J 1128 HILL 15817 A , HVILLE LN Granger IN 46530 AMEDURI ROCCO AND 29 18-5122-4331 JULIA 612 PEASHWAY 612 Peas way South Bend IN 46617 WAYMOUTH ROBERT H 30 18-5122-4333 AND ADELA M 620 PEASHWAY 620 Peas way St South Bend IN 46617 JEFFERIES PROPERTIES 31 18-5122-4334 LLC 626 PEASHWAY 9722 E C chise Scottsdale AZ 85258 REINEKE JAN R & MARY 32 18-5122-4336 E 632 PEASHWAY 3431 T kenham South Bend IN 46614 NORTON JOHN E & ELLEN M & NORTON Downers Grove IL 33 18-5122-4337 DONALD 636 PEASHWAY 6040 Bro kbank Rd 60516 KLOSKA ROBERT L & 34 18-5104-3619 MARGARET M 1121 N ST PETER 1121 N S Peter St South Bend IN 46617 ROONEY CHRISTOPHER 6006 W e agle Lake 35 18-5109-3851 T 1126 HILL Rd Peotone IL 60468 36 18-5109-3862 REDDING JULIA CARTER ST LOUIS 1129 N S Louis BI South Bend IN 46617 1127 N ST PETER 37 18-5104-3618 BUFILL JOSE A ST 1121 N N, OTRE DAME South Bend IN 46617 HOLY TEMPLE CHURCH VAC LOT 65-66- 38 18-5104-360301 OF GOD IN CHRIST INC 67ST LOUIS 710 E Na polean St South Bend IN 46617 SHEPHERD 39 18-5104-3617 CHRISTOPHER E 718 NAPOLEON 51860 Fo dale Ln Granger IN 46530 MASSA JOSEPH A & 40 18-5122-434404 ROSEMARY 535 NAPOLEON 535 Napg leon St South Bend IN 46617 601 E. Los Angeles CA 41 18-5122-4338 VO KHANH & JERRIE NAPOLEON PO Box 5 ~i1171 90053 LIU JERRY B & OANH N 605 E. 42 18-5122-4339 VO-LIU NAPOLEON BL 1836 N W ilmont Chicago IL 60647 KIRK WILLIAM & 43 18-5122-4340 ELIZABETH 609 NAPOLEON 1126 E I , ington Ave South Bend IN 46614 MICHIANA PROPERTIES 613 NAPOLEON ` I 44 18-5122-434001 LLC ST 1919 S M f chigan St South Bend IN 46613 MICHIANA PROPERTIES 45 18-5122-4341 LLC NAPOLEON 1919 S M~ chigan South Bend IN 46613 FRESE J MATTHEW & 46 18-5122-4342 DAWN 617 NAPOLEON 26424 Eu hice St South Bend IN 46628 JONES VICTOR AND 47 18-5122-4343 ERNESTINE 621 NAPOLEON 621 Napo can South Bend IN 46617 1205 SO ST. 48 18-5122-4344 MANDRICI ROSEMARY LOUIS 820 Peas way South Bend IN 46617 1206 N. ST. 49 18-5123-4392 DOUGLAS JOHN R LOUIS BL 1206 N S Louis Blvd South Bend IN 46617 SWEENY RYAN M & 9363 HIG ~iMEADOW 50 18-5123-4391 SUSAN M 705 NAPOLEON RD I Allison Park PA 15101 GRESWICK JOEL V. AND 51 18-5121-4316 PAULINE M. 529 NAPOLEON 23851 Mim t Ct. South Bend IN 46614 MCFADDEN TERENCE M 709 NAPOLEON 52 18-5123-4390 & LAURIE E BL 209 Peas way South Bend IN 46617 CESULKA LEONARD H & 713 E. 53 18-5123-4389 GEORGIANA I NAPOLEON 718 E. Na poleon Blvd. South Bend IN 46617 RAPPELLI JOHN & LEONA AND MANDRICI 54 18-5123-4369 ROSEM 704 PEASHWAY 704 Peas way South Bend IN 46617 ERNSPERGER WILLIAM 55 18-5123-4371 & JANICE K 712 PEASHWAY 14160 Te bury Dr Granger IN 46530 ~~ ~~ BOARD OF ZONING APPEALS OF THE CITY OF SOUTH SEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fax: (574) 235-5541 July 18, 2008 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition,for Special Exception of Greater Holy Temple Church of God in Clu-ist BZA 7/17/08 Dear Council Members: The above referenced petition of Greater Holy Temple Church of God in Christ was legally advertised on July 3, 2008. The Board of Zoning Appeals gave it a public hearing on July 17, 2008, at which time the following action was taken: Upon a motion by Ms. Wilder-Hamilton, being seconded by Mr. Kilbase and unanimously carried, the petition for Special Exception to allow off site parking in a "SF2" District, on property located at 1129 N. St. Louis, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincea-el ~-~ ~ Ch~-les C. Belot Building Commissioner CCB/cah GREATER HOLEY TEMPLE CHURCH OF GOD IN CHRIST (1129 N. St. Louis) (off site parkin<,) SPECIAL EXCEPTION PURSUANT 21-09.3(D) BOARD OF ZONING APPEALS CITY OF 50UTH BEND, INDIANA FINDINGS OF FACT 1 . THE PROPOSED L,~SE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY_ COMFORT. CO~iti1tN1T~' 1ufOR_AL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with al] Uuilding, fire safety, traffic, and parking regulations as to not Ueine injurious to the puUlic health, safety, morals, and general welfare of the connnunity. ?. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: -Ihe variance or use shall improve the appearance of the neiehhorhood and will not devalue the surrounding properties. ~. THE PROPOSED USE' WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN $ECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property.. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COAfPRL'HE-NSlb'E PL.41V BECAUSE: It is the feeling of the Board that the variance is Ulending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall Ue passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 17TH Dav of JULY, 2005 ~'ES NO ® RICHARD KILBASE ® CHRISTOPH HOFFMAN .~.BSE1~T DAVID SASSANO ® MAURICE HOBAN ® ELONDA ~V ILDER-HAMILTON