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HomeMy WebLinkAbout01-13-14 Council Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, JANUARY 13, 2014 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB- COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 7:00 P.M. 14 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY THANKING AND HONORING COUNCIL MEMBER AT LARGE KAREN L. WHITE FOR DILIGENTLY SERVING AS CHAIRPERSON OF THE COMMITTEE OF THE WHOLE IN 2012 AND 2013 14 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY THANKING AND HONORING COUNCIL MEMBER AT LARGE DEREK D. DIETER FOR DILIGENTLY SERVING AS COUNCIL PRESIDENT FROM 2009 THROUGH 2013 ANNOUNCEMENT: THE COUNCIL WILL BE TAKING APPLICATIONS FOR VARIOUS BOARDS, COMMISSIONS AND COMMITTEES ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF - KATHRYN ROOS G. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 61 -13 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 736 CALIFORNIA AVENUE, 906, 908 & 910 PORTAGE AVENUE, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 79 -13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF HILDRETH STREET FROM THE EAST RIGHT OF WAY OF ESTHER STREET TO THE END OF THE EXISTING CUL -DE -SAC FOR A DISTANCE OF 460 FEET, MORE OR LESS, AND A WIDTH OF 60 FEET INCLUDING THE 60 FOOT RADIUS OF THE CUL -DE -SAC 69 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE REQUIRING ELECTRONIC REPORTING OF TRANSACTIONS BY PRECIOUS METALS DEALERS REGULATED IN SECTION 4 -44, BY SCRAP METAL DEALERS, JUNK DEALERS, VALUABLE METAL DEALERS AND RECYCLING OPERATIONS REGULATED BY SECTION 4 -51 AND BY SECONDHAND STORES REGULATED IN SECTION 4- 53 70 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2 -116.1 CITY RESIDENCY REQUIREMENTS 77 -13 FIRST READING ON A BILL ESTABLISHING RESPONSIBLE BIDDER REQUIREMENTS OF PUBLIC WORKS PROJECTS 8. BILLS, THIRD READING TIME: RTT.T. No 61 -13 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 736 CALIFORNIA AVENUE, 906, 908 & 910 PORTAGE AVENUE, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 79 -13 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF HILDRETH STREET FROM THE EAST RIGHT OF WAY OF ESTHER STREET TO THE END OF THE EXISTING CUL -DE -SAC FOR A DISTANCE OF 460 FEET, MORE OR LESS, AND A WIDTH OF 60 FEET INCLUDING THE 60 FOOT RADIUS OF THE CUL -DE -SAC 69 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE REQUIRING ELECTRONIC REPORTING OF TRANSACTIONS BY PRECIOUS METALS DEALERS REGULATED IN SECTION 4 -44, BY SCRAP METAL DEALERS, JUNK DEALERS, VALUABLE METAL DEALERS AND RECYCLING OPERATIONS REGULATED BY SECTION 4 -51 AND BY SECONDHAND STORES REGULATED IN SECTION 4- 53 70 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2 -116.1 CITY RESIDENCY REQUIREMENTS 77 -13 THIRD READING ON A BILL ESTABLISHING RESPONSIBLE BIDDER REQUIREMENTS OF PUBLIC WORKS PROJECTS 9. RESOLUTIONS BILL NO. 14 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4701 NIMTZ PARKWAY AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5)YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SCHAFER INDUSTRIES INC. 14 -04 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4601 NIMTZ PARKWAY TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSE OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT AND EXTENDING THE ABATEMENT FOR 1 YEAR AND CHANGING OWNERSHIP FROM SOUTH BEND GEAR TO SOMASCHINI NORTH AMERICA 14 -05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ON BEHALF OF THE ST. JOSEPH COUNTY BROWNFIELD ASSESSMENT COALITION FOR A BROWNFIELD ASSESSMENT GRANT 14 -07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE INDIANA GENERAL ASSEMBLY TO REJECT THE PROPOSED STATE CONSTITUTIONAL AMENDMENT PERMANENTLY DEFINING MARRIAGE 10. BILLS, FIRST READING BILL NO_ 01 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE FIXED SUM OF $150,000.00 PLUS UP TO AN ADDITIONAL $125,000.00 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND #408 FOR CAPITAL OBLIGATIONS PURSUANT TO AGREEMENT WITH THE POTAWATOMI ZOOLOGICAL SOCIETY 02 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING A NOT -TO- EXCEED SUM OF $900,000.00 WITHIN PARKS AND RECREATION GENERAL FUND #201, FROM PERSONNEL COSTS INTO OTHER PROFESSIONAL SERVICES, AND APPROPRIATING SAID MONIES TO SATISFY CONTRACTUAL OBLIGATION TO THE POTAWATOMI ZOOLOGICAL SOCIETY 03 -14 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1912, 1918 AND 1924 EDISON ROAD, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS A. REPORTS FROM THE AREA BOARD OF ZONING APPEALS 1. BILL 14 -06- SPECIAL EXCEPTION - 1502/1512 MICHIGAN STREET 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 -9571 Wednesday, November 20, 2013 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Richard & Linda Ford to zone from SF2 Single Family & Two Family District and GB General Business District to PUD Planned Unit Development District, property located at 736 California Avenue and 906, 908, 910 Portage Avenue, City of South Bend - APC# 2686 -13. Dear Council Members: I hereby Certify that the above referenced ordinance of Richard & Linda Ford was legally advertised on Thursday, November 07, 2013 and that the Area Plan Commission at its public hearing on Tuesday, November 19, 2013 took the following action: Upon a motion by Daniel Brewer, being seconded by Oliver Davis and unanimously carried, the proposed ordinance of Richard & Linda Ford to zone from SF2 Single Family & Two Family District and GB General Business District to PUD Planned Unit Development District, property located at 736 California Avenue and 906, 908, 910 Portage Avenue, City of South Bend is sent to the Common Council with a favorable recommendation subject to a written commitment addressing the provision of additional parking being made available. The redevelopment of this site into a mixed use development would strengthen the Portage Avenue corridor. The PUD incorporates several of the appearance objectives of the Portage Avenue Commercial Corridor Revitalization Action Plan, such as parking in the rear, front lot line buildings, and landscape screening. The additional parking spaces provided by the NNN will provide sufficient parking for residents and customers. PLEASE NOTE that the Ordinance has been amended by the petitioner and 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 later date to be made a part of this report. Sincerely, �ii% Ahn W. By M Attachment CC: Richard & Linda Ford Near Northwest Neighborhood, Inc. SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY, OSCEOLA a ROSELAND ww stjosephcountyindlana .com /A - eaplan Staff Report 11/7/2013 Additional off -site parking is located on the street or in the NNN parking lot at the northeast corner of Portage Avenue and California Avenue. Parking screening landscaping is proposed for the additional parking spaces. A row of shrubs is proposed on the east side of the building and between the parking and the alley. Street trees are proposed along Portage Avenue. Open space covers 8% of the site. Zoning and Land Use History And Trends: This intersection had been zoned C Commercial since the 1950s, until the most recent map update in 2004, when this property was changed to GB General Business and the surrounding corners were changed to MU Mixed Use. Traffic and Transportation Considerations: Portage Avenue has two lanes with a dedicated left turn lane at the signalized intersection at California Avenue. California Avenue and Rex Street both have two lanes. Utilities: The project will be serviced by public water and sewer. Agency Comments: The Department of Community Investment offers a positive recommendation for the rezoning request contingent upon the NNN supplying a document conveying the use of the off - street parking facility on the corner of Portage and California. Commitments: The staff recommends a written commitment between the petitioner and the NNN regarding use of the NNN parking lot at the northeast corner of Portage and California. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2006) Objective Hl: Ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future. Land Use Plan: The Future Land Use Map identifies the main parcel as commercial, parcels surrounding the intersection as mixed use and parcels within the neighborhood as medium density residential. Plan Implementation /Other Plans: The Portage Avenue Commercial Corridor Revitalization Action Plan (November 1999) objective to require site plan review would set corridor standards such as; encourage side and rear parking lots, front lot line buildings, control signage, restrict lighting's impact on nearby residences, and require landscape screening. 2. Current Conditions and Character: The Near Northwest Neighborhood office serves as an anchor to the neighborhood. The west side of Portage Avenue has a mix of businesses and houses. A few of the houses to the east are vacant and boarded up. APC # 2686 -13 Page 2 of 3 Staff Renort 3. Most Desirable Use: 11/7/2013 The most desirable use for this site is retail on the first floor and residential units above. 4. Conservation of Property Values: The redevelopment of this building along this corridor could have a positive effect on the surrounding property values. 5. Responsible Development And Growth: It is responsible development and growth to allow the redevelopment of an underused building into a mixed use development. Staff Comments: The staff has received a Memorandum of Understanding from the Near Northwest Neighborhood regarding the use of 26 parking spaces in their lot, located at the corner of Portage and California. Recommendation: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation subject to a written commitment addressing the additional parking being made available. Analysis: The redevelopment of this site into a mixed use development would strengthen the Portage Avenue corridor. The PUD incorporates several of the appearance objectives of the Portage Avenue Commercial Corridor Revitalization Action Plan, such as parking in the rear, front lot line buildings, and landscape screening. The additional parking spaces provided by the NNN will provide sufficient parking for residents and customers. APC # 2686 -13 Page 3 of 3 i California 'tb � FTM Van Buren L SF2 SF2 y Rezoning from: "GB "GENERAL BUSINESS DISTRICT & "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to FLX��, M. . MASTER ZONING KEY " SOUTH BEND "SF2" SINGLE FAMILYAND TWO FAMILY DISTRICT W+ E SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT s SOUTH BEND "M U" MIXED USE DISTRICT 1 inch = 200 feet SOUTH BEND "GB" GENERAL BUSINESS DISTRICT APC # 2686 -13 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT, 736 CALIFORNIA AVENUE, 906,908 & 910 PORTAGE AVENUE, COUNCILMANIC DISTRICT No. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM SF2 SINGLE FAMILY AND TWO FAMILY RESIDENTIAL, AND GB GENERAL BUSINESS DISTRICTS TO PUD PLANNED UNIT DEVELOPMENT TO ALLOW FOR A MULTI - FAMLY RESIDENTIAL PROJECT. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: That part of the Northeast and Southeast Quarters of Section 2, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lots # 113, # 114, # 115 and Lot # 112 of the Plat of "Shetterley Place 3`d Plat" now a part of the City of South Bend as recorded in Plat Book # 5, on Page # 60 in the records of the St. Joseph County, Indiana Recorder's office, excepting the East 35 feet of said Lot # 112, Lot "A ", Lot # 33 of the Plat of "Shetterley Place 2nd Plat" to the City of South Bend as recorded in Plat Book # 5 on Page # 44 in the records of said Recorder's office. Containing 0.96 acres more or less. Subject to all legal highways, easements and restrictions of record. and the same is hereby established as PUD Planned Unit Development District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council 2 Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20_, at o'clock m. City Clerk Approved and signed by me on the day of 20 ,at o'clock m. Mayor of the City of South Bend, Indiana I r READING PUSLIC HEARING ? rd READING NOT APPROVLD REFERRER PASSED,` riled in Clerk's OWA . ?'t, z X13 JOHr.; v+;.:dte�i3F7 I CITY CLERK, SOUTH SEND, IN g JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR COMMISSION OF ST. JOSEPH COUNTY, IN 111 W. IE E S E R 5 O BLVD.. RDOH I I I O CDUN TY CITY BUIL 0 NO. SOUTH .ENO. INOI ANA VIII I III I III II II October 31, 2013 The Honorable South Bend Common Council 411, Floor, County -City Building South Bend, Indiana 46601 RE: Bill # 61 -13 An bill amending the zoning ordinance for property located at 736 California Avenue, 906, 908, & 910 Portage Avenue, Councilmanic District No. 1 in the City of South Bend, Indiana Dear Council Members: The following changes have been made to the Ordinance for the above - referenced petition: Ordinance: 1) Reference to the MU Mixed Use District was removed from the Statement of Purpose and Intent. Petition: 2) The MU Mixed Use District was removed form Item #5 in the From category. Revised copies have been attached. If you have any further questions, please call me at 574 - 235 -9571. Sincerely, QIVIiA Christa Hill Planner SERVING ST JOSEPH COUNTY. SOUTH BEND. LAKEVILLE. NEW CARLISLE. NORTH LIBERTY, OSCEOLA. R ROSELAND WWW. TIOSEPMCOUNTYINDIANA. COM PETITION TO REZONE City of South Bend Indiana Jr OCT 3 0 2013 S =ti I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The subject properties are located at: 736 California Avenue and 906, 908, 910 Portage Avenue, South Bend, Indiana 46616. Key Number(s) is /are: 18 -1062 -2658, 18 -1060 -2535, 18 -1060 -2536, 3) Name and address of property owner(s) of the petition site: Richard & Linda Ford 908 Portage Avenue South Bend, Indiana 46616 E -Mail Address N/A 4) Name and address of contingent purchaser(s), if applicable: Near Northwest Neighborhood, Inc. P.O. Box 1132 South Bend, Indiana 46624 E -Mail Address N/A 5) It is desired and requested that this property be rezoned: From: SF2 Single Family and Two Family, & GB General Business Districts To: PUD Planned Unit Development District 6) This rezoning is requested to allow the following use(s): Multi family Residential development. 7) Attached, and made a part of this PETITION, is: (a) 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; (b) six (6) site plans; and (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 8) BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE SIGNIFY THAT THEY UNDERSTAND THAT ALL REPRESENTATIONS MADE BY THEM OR THEIR REPRESENTATIVES AT THE AREA PLAN COMMISSION AND CITY COUNCIL MEETINGS AS TO THE SCOPE OF THE DEVELOPMENT SHALL BE BINDING UPON THEM AND ANY SUBSEQUENT OWNER AND OTHER PERSONS ACQUIRING AN INTEREST THEREIN. SUCH REPRESENTATIONS SHALL BE MADE PART OF THE RECORD AND WILL BECOME A CONDITION OF ANY FINAL PLAN APPROVAL. bilt 00, ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF HILDRETH STREET FROM THE EAST RIGHT OF WAY OF ESTHER STREET TO THE END OF THE EXISTING CUL- DE -SAC FOR A DISTANCE OF 460 FEET, MORE OR LESS, AND A WIDTH OF 60 FEET INCLUDING THE 60 FOOT RADIUS OF THE CUL -DE -SAC 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 street to be vacated is a portion of Hildreth Street from the East right of way of Esther Street to the end of the existing cul -de -sac for a distance of 460 feet, more or less, and a width of 60 feet including the 60 foot radius of the cul -de -sac, being a part of Belle Vue Subdivision, City of South Bend, portage Township, St. Joseph County, Indiana hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Parcel ID Number 18- 6031 -0920 18- 6031 -0919 18- 6031 -0918 18- 6031 -0917 18- 6031 -0916 18- 6031 -0915 Lot Number 126 125 124 123 122 121 PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS) TO THE COMMON COUNCIL DATE: November 25, 2013 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: N/A B. THE STREET DESCRIBED AS: The street to be vacated is a portion of Hildreth Street from the East right of way of Esther Street to the end of the existing cul -de -sac for a distance of 460 feet, more or less, and a width of 60 feet including the 60 foot radius of the cul -de -sac, being a part of Belle Vue Subdivision, City of South Bend, Portage Township, St. Joseph County, Indiana. NAME (signed and printed) ADDRESS The Trustees of Indiana University c/o IU Real Estate Department Lot #s: 22 -24; 117 -126 1800 N. Range Road, Bloomington, j5 1, �Nndiana47408 Parcel ID #s: 18- 6031 By: lam. k .(. -0920 18- 6031 -0919 MaryFrances McCourt 18- 6031 -0918 18- 6031 -0917 Vice President, Chief Financial 18- 6031 -0916 Officer & Treasurer 18- 6031 -0915 18- 6031 -0914 18- 6031 -0913 18- 6031 -0912 18- 6031 -0911 18- 6023 -6023 18- 6016- 033402 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 NAME: Lynn Coyne ADDRESS: Bunger & Robertson 226 S. College Ave P. O. Box 910 Bloomington, Indiana 47402 PHONE: (812) 332 -9295 010 I � i.PrtinL�; ;t Thomas Bunger ` Joseph D. O'Connor Holly M. Harvey James L. Whitlatch Jessica L. Merkel Samuel R.. A T T O R N E Y S A T Brian R. Drummy L A W Kathryn DeWeese Margaret M. Ffisbie Frls John W. Richards 226 S. College Square • P.O. Box 910 Len E. Bunger William J. Beggs Bloomington, Indiana 47402 -0910 (1921 -1993) Kevin A. Halloran Maryanne Palle Tel: 812.332.9295 • Fax: 812.331.8808 Don M Robertson WebsBe: www.lawbr.com (1938 -2005) November 25, 2013 City of South Bend Common Council 227 West Jefferson Blvd. Suite 400S South Bend, Indiana 46601 Dear Members of the Common Council: On behalf of The Trustees of Indiana University, I submit the enclosed Petition to Vacate the right -of -way described as a portion of Hildreth Street from the east right -of -way of Esther Street to the end of the existing cul -de -sac, for a distance of 460 feet, more or less, and a width of 60 feet, including the 60 -foot radius of the cul -de -sac, being a part of Belle Vue Subdivision, City of South Bend, Portage Township, St. Joseph County, Indiana. The Trustees of Indiana University own the property abutting the right -of -way described above and seek the vacation of said street so that they may incorporate it into the property of the campus of Indiana University South Bend, for the purpose of landscaping, maintenance, and operations. Also enclosed are the following, in connection with the Trustees of Indiana University's Petition to Vacate: 1. Ordinance; 2. Stamped envelopes addressed to property owners within 150' of the right -of -way to be vacated; 3. Filing fee of $150.00; and 4. A copy of the radius map. We ask that this matter please be set for Public Hearing before January 13, 2014. Should you have any questions, please do not hesitate to contact Sincerely, 1 Coyne LHC:khj Enclosures the Co_mmpo�n(RCpouncil on S '•.�A:.z The Trustees of Indiana University Indiana University Trustee of Monroe county c/o IU Real Estate Department 1800 N. Range Road Bloomington, IN 47408 Earl Hibbs and Carol Shumaker 1613 Hildreth St. South Bend, IN 46615 City of South Bend 227 W. Jefferson Blvd. South Bend, IN 46601 Dennis J. Keeler and Deborah Maisonneuve 1614 Hildreth St. South Bend, IN 46615 Bank of America 7105 Corporate Drive Plano, TX 75024 Robert M. Armstrong 1622 Hildreth St. South Bend, IN 46615 v 1316 COUNTY -CITY BUILDING 227 W. JEFrEesON BouLEv aD .SOUTH BEND, INDIANA 46601 -1830 Crry OF SOOM BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS September 10, 2013 Mr. Jason Banach Indiana University Real Estate Department 1800 North Range Road Bloomington, Indiana 47408 RE: Alley Vacation — Hildreth East from Esther Street to the Dead End (Preliminary Review) Dear Mr. Banach: PHONE 574/235 -9251 FAX 574/235 -9171 The Board of Public Works, at its September 10, 2013, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community Investment, Fire Department, Police Department, and the Solid Waste Division. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, ' Linda M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering . Janice Talboom, City Clerk's Office Michael Mecham. Engineering GARY A. GILOT DAVID P. RELOs KATr -rRYN E. Roos MICHAEL C. MECHAM MARK W NEAL ' o .( m o mod, «t., �Yj si�aQ/ /• at � b. J o + 0 d�',2 ,o V e b2 ar gL car 'n 'Li /3 srr >b�2 APPROVED 1 P. '� a Board of Public Works , X $ r` I r i_ Y9 ;yiO /• k FddI* ;�g 317A37730 $ Z 09 CD 1 LO � � � a qv From: Melinda Lercei Sent: Thursday, August 15, 2013 3:34 PM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez ,jbyorni @co.stjoseph;in.us; Eugene Eyster CC. Cheryl Greene; pmgriffin @nisource.com Subject: Street Vacation - Hildreth Street East from Esther Street to the Dead End Attachments: Street Vacation - Hildreth Street.pdf Please provide your recommendations. Thank you, Melinda Lerce! Department of Public Works Division of Engineering (574) 235 -9251 mlercellasouthbendin.eov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 http:1Jwww.south b endin.¢ov Lercel From: Sent: To: Subject: Approved S.B.F.D Federico Rodriguez Friday, August 16, 2013 8:08 AM Melinda Lercel RE: Street Vacation - Hildreth Street East from Esther Street to the Dead End Federico (Chico) Rodriguez Fire Marshal Office: (574) 235 -7564 Mobile: (574) 876 -6734 1222 S. Michigan Street City of South Bend, In 46601 frodrieu0southbendin.eov From: Melinda Lercel _--- -- .._.. --- - - -- - Sent: Thursday, August 15, 2013 3:32 PM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyornl @co.st joseph.ln.us; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource.com Subject: Street Vacation - Hildreth Street East from Esther Street to the Dead End Please provide your recommendations. Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 mlercelnasouthbendin.eov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 bttp://www.southbendin.gov From: Angela Smith <ASmith @co.stjoseph.in.us> Sent: Tuesday, August 20,2013 11:38 AM To: Melinda Lercel Subject: Re: Street Vacation - Hildreth Street East from Esther Street to the Dead End Attachments: Hildreth Street clot Smith, Angela.vcf Attached please find our comments for the above referenced street vacation .ALttgera 9N. Smitk, Planner Area Plan Commission (574) 235 -9871 >>> Melinda Lercel <mlercel(n)southb ndin goy> 8/15/2013 3:31 PM >>> Please provide your recommendations. Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 miercelOsouthbendin.eov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 httg://www.southbendin.gov IMPORTANT NOTICE! 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Therefore, the sender does not accept liability for any errors or omissions in the contents of this message which arise as a consequence of € -Mail transmission. If verification is required, please request a hard -copy version. JOHN W. BYORNI EXECUTIVE DIRECTOR C LARRY MAGLIOZZI DEPUTY DIRECTOR JAREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 337 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING. SOUTH SEND. INDIANA 46601 (574) 735.9571 August 13,2013 City of South Bend Board of Public Works 13 °i Floor, County -City Building South Bend, Indiana 46601 RE: Street Vacation Applicant :IUSB Hildreth Street East from Esther Street to the Dead End Dear Board Members: The staff has reviewed this petition. It is the staffs opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. A portion of the street was vacated in 1986 and has not been a through street since that point. The street provides access to property owned by the petitioner. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The petitioner owns all the property directly adjacent to the street being vacated. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. There are no churches along the street. Properties on both sides of the street are owned by IUSB, the petitioner. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. The road currently dead ends in to property owned by the petitioner. The street does not serve as a public access to property beyond that owned by the petitioner. Due to the above stated reasons, the staff recommends that the proposed street vacation be approved. Please contact our office if you have any questions or need any additional information. Sincerely, n Angela M: Smith Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY. OSCEOLA. R ROSELAND W W W- ITICI$INCOVNTYINDIANA.COM Melinda From: Brad Rohrscheib Sent: Wednesday, August 21, 2013 8:41 PM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.st joseph:in.us; Cheryl Greene; pmgriffin @nisource.com, Melinda Lercel Subject: RE: Street Vacation - Hildreth Street East from Esther Street to the Dead End After review, the police department has no objections. PFC Brad Rohrscheib South Bend Police Department Uniform Patrol Division 701 W. Sample St. South Bend, IN 46601 (574) 135 -5888 ext. 2250 brohrschldsouthbendin aov www.southbendin.gov From: Eugene Eyster Sent: Friday, August 16, 2013 11:02 AM To: Brad Rohrscheib Subject: FW: Street Vacation - Hildreth Street East from Esther Street to the Dead End From: Melinda Lercel Sent: Thursday, August 15, 2013 3:32 PM To: Andre Price; Itin Kain; Michael Mecham; Federico Rodriguez; jbyorni@co.stjoseph.ln.us; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource.com Subject: Street Vacation - Hildreth Street East from Esther Street to the Dead End Please provide your recommendations. Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 mfercelOsouthbendin ¢ov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 http://www.southbendin.gov INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 8/15/2013 TO: Andre Price, Solid Waste Jitin Kain, Community Investment Michael Mecham, Engineering Department V Federico Rodriguez, Fire Department ;/John Byomi, Area Plan Commission (ibyornioco.st- ioseph.in.us or 235 -9813 fax) k/ Gene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (pmo,riffin(a )nisource.com) (FYI Only) 1� FROM: Linda M. Martin, Clerk � SUBJECT: REQUEST FOR RECOMMENDATION — STREET VACATION APPLICANT: IUSB LOCATION: Hildreth Street East from Esther Street to the Dead End DATE DUE: August 26, 2013 FAX OR E -MAIL TO: 235 -9171 / Imertin(&southbendln aov RECOMMENDATIONS AND COMMENTS: By _ Date Substitute Bill No. 69 -13 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 4, ARTICLE 4 OF THE SOUTHBEND MUNICIPAL CODE REQUIRING ELECTRONIC REPORTING OF TRANSACTIONS BY PRECIOUS METALS DEALERS REGULATED IN SECTION 4 -44, BY SCRAP METAL DEALERS, JUNK DEALERS, VALUABLE METAL DEALERS AND RECYCLING OPERATIONS REGULATED BY SECTION 4 -51 AND BY SECONDHAND STORES REGULATED IN SECTION 4-53 STATEMENT OF PURPOSE AND INTENT With the aid of the latest technology, there are much greater opportunities to track and recover stolen property. Online systems are now available where valuable personal property items such as cell phones, electronics, cameras, GPS units, construction equipment, tools, manhole covers, bronze cemetery vases, jewelry and other valuables can be identified accurately from a database and viewed by participating law enforcement agencies throughout the country. The City Administration and the South Bend Common Council believe that the proposed changes addressed in this ordinance which would require persons who own or operate businesses who deal with precious metals, scrap metal, junk, valuable metals, and secondhand stores to participate in electronic reporting of their transactions are in the best interests of the city. Such participation would enable the South Bend Police Department to have rapid electronic access to transactions from reporting businesses. By daily monitoring such information, possible criminal activity can be identified in a proactive manner. When stolen property is located, valuables may be returned to the victim of the crime by using such electronic reporting systems more quickly. The Common Council notes that the Fort Wayne Police Department has successfully used LeadsOnline since 2007. FWPD reports that by using LeadsOnline that "...police have recovered thousands of dollars in stolen property for Fort Wayne and surrounding residents... with informationprovided by LeadsOnline, police track down thieves, develop leads in numerous cases and make arrests." Similar success stories are reported by the New York City Police Department, the Dallas Police Department and the San Francisco Police Department just to name a few. The South Bend Police Department has recommended to the Common Council that LeadsOnline would be the best electronic reporting service available. The Council has found that "LeadsOnline is the nation's largest online investigative system used by more than 3,000 law enforcement agencies to recover stolen property and solve crimes. Each day, millions of items are added to the LeadsOnline database by businesses including second -hand stores, scrap metal recyclers, pawnshops, and Internet drop -off stores across all 50 states. Those records are instantly available to law enforcement agencies, meaning crimes can be solved in seconds, not months." LeadsOnline is compatible with the National Crime Information Center (NCIC) which is a computerized index of criminal justice information available 24/7 to federal, state and local law enforcement agencies. It is an official eBay partner and helps prevent illegal transactions on the eBay website by giving law enforcement access to their transactions. For all of these reasons, LeadsOnline is the preferred provider and is so referenced to provide the services which are in the best interests of the City of South Bend. The South Bend Common Council believes it is important for the South Bend Police Department and South Bend citizens to have available, in a timely manner for law enforcement purposes, data regarding items pawned, sold, purchased or exchanged at by businesses required to be licensed as precious metal dealers, as scrap metal dealers, junk dealers, valuable metal dealers, recycling operators, and as secondhand stores. Electronic Reporting Ordinance Page 2 "9 &&00A*wY *660 %mmo* %wmff0f the City of South Bend, Indiana, as follows: Section I. Chapter 4, Article 4, Section 4 -44 addressing Precious Metal Dealers of the South Bend Municipal Code is amended by changing paragraphs (c) and (e) to read in their entirety as follows and by adding new paragraph (i) which shall read as follows: (c) Electronic Reporting to Police and Records Required; Contents. t (1) Every dealer shall maintain a physical precious metal report. Each dealer shall keep and preserve data on or through an electronic or computer data system database on a daily basis for the preceding 24 -hour period of all purchases of any precious metal items. Such information shall be sent via electronic forms of transmission to the South Bend Police Department using the Records Management System being used by the South Bend Police Department for the Preceding 24 -hour Period on a daily basis The reports must contain the seller's full legal name, physical address, date of birth, gender, race, height and weight, as well as the price paid for each item, the purchase date and time, a description of each article purchased, including identifying marks, engravings, and the manufacturer (where known), and the seller's driver's license number or the number or any other identification issued by a governmental authority bearing the seller's photograph. The form shall also bear digital photographs of the items being purchased and a clear, inked or digital impression of the seller's right thumb print and the same transaction number as recorded in the dealer's record book as required by paragraph (2) below. If the right thumb is missing any of the customers' fingerprints may be used with an identification of what finger is used in the right thumb's absence written adjacent to the inked or digital fingerprint on the form. The inked or digital fingerprint shall be made in a manner readable by the Police Department and shall not be blurred or obliterated. (2) The dealer shall also record the seller's physical description and a description of the property purchased, as required in this section, and shall retain the physical precious metal report and information for three (3) years from the date of the last purchase recorded therein. The physical precious metal report and information can be stored, by the dealer, in either printed or digital form as long as a printed physical precious metal report is available to the police department upon request within the three (3) years from the date of the last purchase recorded therein. (3) Any records required to be kept or maintained under this section shall be available at all times for inspection by the Police Chief or person duly authorized by him or her to inspect the records. (e) Precious metals to be held before resale by dealer. All precious metals purchased by a dealer must be held for thirty (30) days in the dealer's possession, before being resold, exchanged, melted or altered in any manner. If the items purchased are held or stored at a location other than the dealer's premises ' LeadsOnline is the largest online investigative system used by law enforcement agencies to recover stolen property and solve crimes and is compatible with the National Crime Information Center (NCIC). Electronic Reporting Ordinance Page 3 licensed under this section, the location of these goods and the holder's identification must be filed with the Police Chief within twenty -four (24) hours from the time of purchase. All goods required to be held under this section shall be available at all times for inspection by the Police Chief or a person duly authorized by the Police Chief to inspect the goods. (i) It shall be unlawful for any precious metals dealer to take, purchase or receive any precious metals from any person who is under the age of eighteen (18) years. Section II. Chapter 4, Article 4, Section 4 -51 addressing Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers and Recycling Operations of the South Bend Municipal Code is amended by changing paragraph (k) to read as follows: (k) Electronic Report to Police and Records Required for Inspection and Holding Requirements for Scrap Metal and /or Valuable Metals; Ferrous and /or Nonferrous Metal. (1) Every dealer or operator shall maintain a physical sales report of scrap metal and /or valuable metals. Each dealer or operator shall keep and preserve data on or through an electronic or computer data system database on a daily basis for the preceding 24 -hour period of all purchases of any scrap metal and valuable metal items, unless exempted by this section. Such information shall be sent via electronic forms of transmission to the South Bend Police Department using the Records Management System being used by the South Bend Police Department for the precedin¢ 24 -hour period on a daily basis The data shall include the time of purchase of any article of any scrap metal and /or valuable metals and include whether any is marked with a serial number or marked with an owner's engraving or mark. The reports must contain the seller's full legal name, physical address, date of birth, gender, race, height and weight, as well as the price paid for each item, the purchase date and time, a description of each article purchased, including identifying marks, engravings, the manufacturer of the item, model number of the item, the serial number of the item, and the seller's driver's license number or the number of any other identification issued by a governmental authority bearing the seller's photograph. The form shall also bear a digital photograph of the items bring purchased and a clear, inked, or digital, impression of the seller's right thumb print and the same transaction number as recorded in the dealer's record book as required by paragraph (2) below. If the right thumb is missing any of the customers' fingerprints may be used with an identification of what finger is used in the right thumb's absence written adjacent to the inked or digital fingerprint on the form. The inked or digital fingerprint shall be made in a manner readable by the Police Department and shall not be blurred or obliterated. (2) Any dealer or operator who is required to be licensed under this section and who has a record with the City of having violated any of the provisions of this section within the past calendar year, shall be required to place a hold on all ferrous and /or nonferrous metal purchased for a minimum period of one (1) business day after notification to the local law enforcement agency required by subsection above, with any additional holding period required for South Bend Police Department. The license issued under this section shall specify the amount of time the items are to be held. Electronic Reporting Ordinance Page 4 (3) The dealer or operator shall also record the seller's physical description and a description of the property purchased, as required by this section, and shall retain the physical sales report and information for three (3) years from the date of the last purchase recorded therein. (4) Any records required to be kept or maintained under this section shall be available at all times for inspection by the Police Chief or person duly authorized by him or her to inspect the records. Section III. Chapter 4, Article 4, Section 4 -53 addressing Secondhand Stores of the South Bend Municipal Code is amended by changing paragraphs (d), (e) (f) to read in their entirety as follows; and by deleting paragraph (g) in its entirety and re- lettering the paragraphs affected by this deletion: (d) License fee. The applicant for a second hand store license shall pay an annual fee of one hundred fifteen dollars to the Controller, upon approval of the Board and Police Department and issuance of the license. (e) Electronic Report to Police and Records Required; Contents. (1) Every dealer shall maintain a physical secondhand sales report. Each dealer shall keep and preserve data on or through an electronic or computer data system database on a daily basis for the preceding 24 -hour period of all purchases of any secondhand items. Such information shall be sent via electronic forms of transmission to the South Bend Police Department using the Records Management System being used by the South Bend Police Department for the preceding 24 -hour Period on a daily basis. The data shall include the time of purchase of any article of firearm, electronic items, appliances, equipment, tools or other item originally marked with a serial number or marked with an owner's engraving or mark. The reports must contain the seller's full legal name, physical address, date of birth, gender, race, height and weight, as well as the price paid for each item, the purchase date and time, a description of each article purchased, including identifying marks, engravings, the manufacturer of the item, model number of the item, the serial number of the item, and the seller's driver's license number or the number of any other identification issued by a governmental authority bearing the seller's photograph. The form shall also bear a digital photograph of the items bring purchased and a clear, inked, or digital, impression of the seller's right thumb print and the same transaction number as recorded in the dealer's record book as required by paragraph (2) below. If the right thumb is missing any of the customers' fingerprints may be used with an identification of what finger is used in the right thumb's absence written adjacent to the inked or digital fingerprint on the form. The inked or digital fingerprint shall be made in a manner readable by the Police Department and shall not be blurred or obliterated. (2) The dealer shall also record the seller's physical description and a description of the property purchased, as required by this section, and shall retain the physical secondhand sales report and information for three (3) years from the date of the last purchase recorded therein. The Physical Precious metal report and information can be stored by the dealer, in either Printed or digital form as long as a printed Phvsical precious metal report is available to the police department upon request within the three (3) -years from the date of the last purchase recorded therein Electronic Reporting Ordinance Page 5 (3) Any records required to be kept or maintained under this section shall be available at all times for inspection by the Police Chief or person duly authorized by him or her to inspect the records. . (f) Secondhand Purchased Items to be Held Before Resale by Dealer. All secondhand purchased items, purchased by a dealer, must be held for fifteen (15) days in the dealer's possession, before being resold, exchanged, or altered in any manner. If the items purchased are held or stored at a location other than the dealer's premises licensed under this section, the location of these goods and the holder's identification must be filed with the Police Chief within twenty -four (24) hours form the time of purchase. All goods required to be held under this section shall be available at all times for inspection by the Police Chief or a person duly authorized by the Police Chief to inspect the goods. Section IV. If any section, subsection, sentence clause or phrase of this Article is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication. 1 John Voorde, City Clerk Council Member Karen L. White Council Member at Large of the Common Council Council Member Tim Scott 151 District Council Member of the Common Council 61'raten by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the _ day of 2014, at o'clock . m. Janice Talboom, Deputy Clerk epmaedandby me on the _ day of 2014 at _ o'clock .m. i; i REANNG [ l 3 PU3LIC HEARQJG ^. r l READING NOT APPROVED REFERRED PASSED Pete Buttigieg Mayor City of South Bend, Indiana Filed in Clerk's Office „irF 14 1 CITY CL RK, SOUT9 SEND, IN 4spU8 �� /��O o�\ mod U City of South Bend �{ ax Common Council 1865 441 County -City Building • 227W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter January 9, 2014 President (574) 235 -9321 Pax (574) 235 -9173 httP://www.southbendin.gov Oliver J. Davis Members of the Common Council 40i Floor Vice- President County -City Building South Bend, Indiana 46601 Karen L. White Chairperson, Committee of the Whole Re: Substitute Bill No. 69 -13 Electronic Reporting Requirements for Precious Metal Dealers, Scrap Metal Dealers, Valuable Metal Dealers, and Secondhand Stores Tim Scott First District Dear Council Members: Henry Davis, Jr. Second District At the December 9, 2013 meeting of the Health and Public Safety Committee meeting, Bill No. 69 -13 received a favorable recommendation subject to several requested changes. Valerie Schey Third District We are filing Substitute Bill No. 69 -13 would corrects various scrivener's Fred Ferlic Fourth District errors and which clarifies procedures. Each of the changes has been bolded and underlined with the changes appear on pages 2 through 4 on the attachment. David Varner As noted in our November 19, 2013 cover letter and in the proposed ordinance, those Fifth District communities which have gone to electronic reporting requirements have experienced Oliver J. Davis more rapid results in recovering stolen property. For example, the Fort Wayne Police Sixth District Department has used LeadsOnline since 2007. It has resulted in thousands of dollars in stolen property being recovered; and led to "shutting down a prolific burglary ring" as Derek D. Dieter reported in FWPD :nedia releases. At Large Police Chief Ron Teachman of the South Bend Police Department will present th 11 t e Bi a Gavin Ferlic next Monday's Health and Public Safety Committee, along with other officers he will a At Large designating, and also at the 7:00 p.m. Council meeting. We ask for your support of this public safety initiative so that the Police Department has improved enforcement Karen L. White mechanism to deter crime and hopefully At Large P y prevent illegal transactions. Thank you. M t cerely, —Z e�e�, Council Member Karen L, White Council Member at Large Attachment Council Member Tim Scott 1 st District Council Member Substitute Bill No. 69 -13 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 4, ARTICLE 4 OF THE SOUTHBEND MUNICIPAL CODE REQUIRING ELECTRONIC REPORTING OF TRANSACTIONS BY PRECIOUS METALS DEALERS REGULATED IN SECTION 4 -44, BY SCRAP METAL DEALERS, JUNK DEALERS, VALUABLE METAL DEALERS AND RECYCLING OPERATIONS REGULATED BY SECTION 4 -51 AND BY SECONDHAND STORES REGULATED IN SECTION 4 -53 STATEMENT OF PURPOSE AND INTENT With the aid of the latest technology, there are much greater opportunities to track and recover stolen Property. Online systems are now available where valuable personal property items such as cell phones, electronics, cameras, GPS units, construction equipment, tools, manhole covers, bronze cemetery vases, jewelry and other valuables can be identified accurately from a database and viewed by participating law enforcement agencies throughout the country. The City Administration and the South Bend Common Council believe that the proposed changes addressed in this ordinance which would require persons who own or operate businesses who deal with precious metals, scrap metal, junk, valuable metals, and secondhand stores to participate in electronic reporting of their transactions are in the best interests of the city. Such participation would enable the South Bend Police Department to have rapid electronic access to transactions from reporting businesses. By daily monitoring such information, possible criminal activity can be identified in a proactive manner. When stolen property is located, valuables may be returned to the victim of the crime by using such electronic reporting systems more quickly. The Common Council notes that the Fort Wayne Police Department has successfully used LeadsOnline since 2007. FWPD reports that by using LeadsOnline that "...police have recovered thousands of dollars in stolen property for Fort Wayne and surrounding residents... with information provided by LeadsOnline, police track down thieves, develop leads in numerous cases and make arrests." Similar success stories are reported by the New York City Police Department, the Dallas Police Department and the San Francisco Police Department just to name a few. The South Bend Police Department has recommended to the Common Council that LeadsOnline would be the best electronic reporting service available. The Council has found that "LeadsOnline. is the nation's largest online investigative system used by more than 3,000 law enforcement agencies to recover stolen property and solve crimes. Each day, millions of items are added to the LeadsOnline database by businesses including second -hand stores, scrap metal recyclers, pawnshops, and Internet drop -off stores across all 50 states. Those records are instantly available to law enforcement agencies, meaning crimes can be solved in seconds, not months." LeadsOnline is compatible with the National Crime Information Center (NCIC) which is a computerized index of criminal justice information available 24/7 to federal, state and local law enforcement agencies. It is an official eBay partner and helps prevent illegal transactions on the eBay website by giving law enforcement access to their transactions. For all of these reasons, LeadsOnline is the preferred provider and is so referenced to provide the services which are in the best interests of the City of South Bend. The South Bend Common Council believes it is important for the South Bend Police Department and South Bend citizens to have available, in a timely manner for law enforcement purposes, data regarding items pawned, sold, purchased or exchanged at by businesses required to be licensed as precious metal dealers, as scrap metal dealers, junk dealers, valuable metal dealers; recycling operators, and as secondhand stores. Electronic Reporting Ordinance Page 2 t6160rdal ,Ysfe O* awralof the City of South Bend, Indiana, as follows: Section I. Chapter 4, Article 4, Section 4 -44 addressing Precious Metal Dealers of the South Bend Municipal Code is amended by changing paragraphs (c) and (e) to read in their entirety as follows and by adding new Paragraph (i) which shall read as follows: (c) Electronic Reporting to Police and Records Required; Contents.' (1) Every dealer shall maintain a physical precious metal report. Each dealer shall keep and preserve data on or through an electronic or computer data system database on a daily basis for the preceding 24 -hour period of all purchases of any precious metal items. Such information shall be sent via electronic forms of transmission to the South Bend Police Department using the Records Management System being used by the South Bend Police Department. The reports must contain the seller's full legal name, physical address, date of birth, gender, race, height and weight, as well as the price paid for each item, the purchase date and time, a description of each article purchased, including identifying marks, engravings, and the manufacturer (where known), and the seller's driver's license number or the number or any other identification issued by a governmental authority bearing the seller's photograph. The form shall also bear digital photographs of the items being purchased and a clear, inked or digital impression of the seller's right thumb print and the same transaction number as recorded in the dealer's record book as required by paragraph (2) below. If the right thumb is missing any of the customers' fingerprints may be used with an identification of what finger is used in the right thumb's absence written adjacent to the inked or digital fingerprint on the form. The inked or digital fingerprint shall be made in a manner readable by the Police Department and shall not be blurred or obliterated. (2) The dealer shall also record the seller's physical description and a description of the property purchased, as required in this section, and shall retain the physical precious metal report and information for three (3) years from the date of the last purchase recorded therein. The physical precious metal report and information can be stored, by the dealer, in either printed or digital formal as long as a printed physical precious metal report is available to the police department upon request within the three (3) years from the date of the last purchase recorded therein. (3) Any records required to be kept or maintained under this section shall be available at all times for inspection by the Police Chief or person duly authorized by him or her to inspect the records. (e) Precious metals to be held before resale by dealer. All precious metals purchased by a dealer must be held for thirty (30) days in the dealer's possession, before being resold, exchanged, melted or altered in any manner. If the items purchased are held or stored at a location other than the dealer's premises licensed under this section, the location of these goods and the holder's identification must be filed with the Police Chief within twenty -four (24) hours from the time of purchase. All goods required to be held ' LeadsOnline is the largest online investigative system used by law enforcement agencies to recover stolen property and solve crimes and is compatible with the National Crime Information Center (NCIC). Electronic Reporting Ordinance Page 3 under this section shall be available at all times for inspection by the Police Chief or a person duly authorized by the Police Chief to inspect the goods. (i) It shall be unlawful for any precious metals dealer to take, purchase or receive any precious metals from any person who is under the age of eighteen (18) years. Section It. Chapter 4, Article 4, Section 4 -51 addressing Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers and Recycling Operations of the South Bend Municipal Code is amended by changing paragraph (k) to read as follows: (k) Electronic Report to Police and Records Required for Inspection and Holding Requirements.for Scrap Metal and /or Valuable Metals; Ferrous and /or Nonferrous Metal. (1) Every dealer or operator shall maintain a physical sales report of scrap metal and /or valuable metals. Each dealer or operator shall keep and preserve data on or through an electronic or computer data system database on a daily basis for the preceding 24 -hour period of all purchases of any scrap metal and valuable metal items, unless exempted by this section. Such information shall be sent via electronic forms of transmission to the South Bend Police Department using the Records Management System being used by the South Bend Police Department. The data shall include the time of purchase of any article of any scrap metal and /or valuable metals and include whether any is marked with a serial number or marked with an owner's engraving or mark. The reports must contain the seller's full legal name, physical address, date of birth, gender, race, height and weight, as well as the price paid for each item, the purchase date and time, a description of each article purchased, including identifying marks, engravings, the manufacturer of the item, model number of the item, the serial number of the item, and the seller's driver's license number or the number of any other identification issued by a governmental authority bearing the seller's photograph. The form shall also bear a digital photograph of the items bring purchased and a clear, inked, or digital, impression of the seller's right thumb print and the same transaction number as recorded in the dealer's record book as required by paragraph (2) below. If the right thumb is missing any of the customers' fingerprints may be used with an identification of what finger is used in the right thumb's absence written adjacent to the inked or digital fingerprint on the form. The inked or digital fingerprint shall be made in a manner readable by the Police Department and shall not be blurred or obliterated. (2) Any dealer or operator who is required to be licensed under this section and who has a record with the City of having violated any of the provisions of this section within the past calendar year, shall be required to place a hold on all ferrous and /or nonferrous metal purchased for a period of one (1) business day after notification to the local law enforcement agency required by subsection (2) above. The license issued under this section shall specify the amount of time the items are to be held. (3) The dealer or operator shall also record the seller's physical description and a description of the property purchased, as required by this section, and shall retain the physical sales report and information for three (3) years from the date of the last purchase recorded therein. Electronic Reporting Ordinance Page 4 (4) Any records required to be kept or maintained under this section shall be available at all times for inspection by the Police Chief or person duly authorized by him or her to inspect the records. Section IIl. Chapter 4, Article 4, Section 4 -53 addressing Secondhand Stores of the South Bend Municipal Code is amended by changing paragraphs (d), (e) (f) to read in their entirety as follows; and by deleting, paragraph (g) in its entirety and re- lettering the paragraphs affected by this deletion: (d) License fee. The applicant for a second hand store license shall pay an annual fee of one hundred fifteen dollars to the Controller, upon approval of the Board and Police Department and issuance of the license. (e) Electronic Report to Police and Records Required; Contents. (1) Every dealer shall maintain a physical secondhand sales report. Each dealer shall keep and preserve data on or through an electronic or computer data system database on a daily basis for the preceding 24 -hour period of all purchases of any precious metal items. Such information shall be sent via electronic forms of transmission to the South Bend Police Department using the Records Management System being used by the South Bend Police Department. The data shall include the time of purchase of any article of firearm, electronic items, appliances, equipment, tools or other item originally marked with a serial number or marked with an owner's engraving or mark. The reports must contain the seller's full legal name, physical address, date of birth, gender, race, height and weight, as well as the price paid for each item, the purchase date and time, a description of each article purchased, including identifying marks, engravings, the manufacturer of the item, model number of the item, the serial number of the item, and the seller's driver's license number or the number of any other identification issued by a governmental authority bearing the seller's photograph. The form shall also bear a digital photograph of the items bring purchased and a clear, inked, or digital, impression of the seller's right thumb print and the same transaction number as recorded in the dealer's record book as required by paragraph (2) below. If the right thumb is missing any of the customers' fingerprints may be used with an identification of what finger is used in the right thumb's absence written adjacent to the inked or digital fingerprint on the form. The inked or digital fingerprint shall be made in a manner readable by the Police Department and shall not be blurred or obliterated. (2) The dealer shall also record the seller's physical description and a description of the property purchased, as required by this section, and shall retain the physical secondhand sales report and information for three (3) years from the date of the last purchase recorded therein. (3) Any records required to be kept or maintained under this section shall be available at all times for inspection by the Police Chief or person duly authorized by him or her to inspect the records. (f) Secondhand Purchased Items to be Held Before Resale by Dealer. All secondhand purchased items, purchased by a dealer, must be held for fifteen (15) days in the dealer's possession, before being resold, exchanged, or altered in any manner. If the items purchased are held or stored at a location other than the dealer's premises licensed under this section, the location of these goods and the holder's identification must be filed with the Police Chief within twenty -four (24) hours form the time of Electronic Reporting Ordinance Page 5 purchase. All goods required to be held under this section shall be available at all times for inspection by the Police Chief or a person duly authorized by the Police Chief to inspect the goods. Section IV. If any section, subsection, sentence clause or phrase of this Article is for any ran declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shal e so l not affect the validity of the remaining portions of this ordinance. Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication and shall be enforced beginning January 1, 2014. Council Member Karen L. White Health & Public Safety Committee Chairperson Council Member at Large of the Common Council Council Tim Scott 1 s` District Council Member of the Common Council John Voorde, City Clerk 66raW&kAGby me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2013, at o'clock . m. Janice Talboom, Deputy Clerk -*~*z1and"&dby me on the _ day of Pete Buttigieg Mayor City of South Bend, Indiana 1 st READING PUBLIC, HEARING 3 rd READING NOT APPROVED REFERRED 1ASSED 2013 at _ o'clock .m. DEC 't 4 IN SOU Ti; @� City of South Bend �M Common Council 1865 441 County -City Building . 227W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President Oliver J. Davis Vice — President Karen L. White Chairperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large Karen L. White At Large December 4, 2013 Members of the Common Council 4th Floor County -City Building South Bend, Indiana 46601 (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov Re: Substitute Bill No. 69 -13 Electronic Reporting Requirements for Precious Metal Dealers, Scrap Metal Dealers, Valuable Metal Dealers, and Secondhand Stores Dear Council Members: Since Bill No. 69 -13 was filed with the Office of the City Clerk on November 19s', we have had the opportunity to continue to review the proposed ordinance which would require electronic reporting of transactions in the City's effort to track down stolen property faster. We are filing Substitute Bill No. 69 -13 would corrects various scrivener's errors on page 2 where "of' was deleted and replaced with "or" and "finder" was replaced with "finger ". As noted in our November 19, 2013 cover letter and in the proposed ordinance, those communities which have gone to electronic reporting requirements have experienced more rapid results in recovering stolen property. For example, the Fort Wayne Police Department has used LeadsOnline since 2007. It has resulted in thousands of dollars in stolen property being recovered; and led to "shutting down a prolific burglary ring" as reported in FWPD media releases. Members of the South Bend Police Department will present the Bill at next Monday's Health and Public Safety Committee and at the 7:00 p.m. Council meeting. We ask for Your support of this public safety initiative. Thank you. ost incerely, t cil Member Karen L, White Health & Public Safety Chairperson Attachment Council Member Tim Scott I" District Council Member Filed In Cleric's i� [i} 13 1 CITY CLRi1C,I.e8UUTH BLEND, IN ° BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8 THE SOUTHBEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2 -116.1 CITY RESIDENCY REQUIREMENTS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council recognizes that Indiana Code § 3- 5 -5 -0.2 through Indiana Code § 3- 5 -5 -18 is a chapter entirely devoted to "Standards for Determining Residency" which applies to voters, candidates and persons holding an elected office. This chapter was updated with the passage of Public Law 258 -2013 which took effect on July 1, 2013. The Common Council further recognizes there are several Indiana state laws which address residency requirements such as Indiana Code § 36 -8 -4 -2 which address residency requirements for sworn members of the police and fire departments; Indiana Code § 36- 4 -9 -11 which address residency requirements for the head of the Department of Law in 2 "d and 3`d class Indiana cities, and all of the various residency requirements for persons wishing to run for elected office of a municipality. The South Bend Common Council passed Ordinance No. 6002 -76 on July 26, 1976 which established residency requirements for "all persons appointed to any office or selected for any employment by the city of South Bend, or any department, agency, or subdivision thereof..." That ordinance remained in effect for almost ten (10) years. It was subsequently repealed when Ordinance No. 7621 -86 was passed on April 1, 1986 noting that "a substantial part of the City's workforce, namely sworn police officers and sworn firefighters" were exempt in light of governing state law and that there were difficulties "overseeing and enforcing" the regulations. In Gusewelle v. City of Wood River, 374 F. 3d 569 (70s Cir. 2004), the Court of Appeals affirmed the District Court's decision which involved city residency requirements. The overall benefits to the City of South Bend by having residency requirements for all full -time and part-time employees, who are not exempted by Indiana state law, would have positive effects on housing, taxes, public education, and the potential to capture more monies in having their participation in eating venues, cultural venues, etc. which are located within the City of South Bend. Furthermore, by utilizing "Employment Eligibility Verification Form I -9" which has been in effect since November 6, 1986, requiring employers to verify an employee's identity, past difficulties experienced by the City related to implementation and enforcement may be eliminated. Unless provided otherwise, Indiana continues to abide by the employment -at -will doctrine where by employment may be terminable by either party, at any time and with or City Residency Requirements Ordinance Page 2 without cause. The positive benefits of residency requirements provide a rational basis for enacting reasonable governmental regulations in this area. 9%Q, =For'aa, let6aswl6o d by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 2, Article 8 of the South Bend Municipal Code shall be amended by the inclusion of new Section 2 -116.1 which shall read in its entirety as follows: Sec. 2 -116.1 City Residency Requirements. (a) Definitions: As used in this Section, the following definitions shall apply: (1) Bona fide resident of the city is a person who maintains his or her permanent place of domicile within the City limits and resides at that location. (2) City is the City of South Bend, Indiana. (3) Domicile is where a person physically lives and resides. (4) Employee is a person employed by the City of South Bend and earns wages or a salary as a result of such employment with the City. (5) Employment Eligibility Verification Form 1 -9 is the form required to be used by an employer in the United States. (6) Full -Time Employee is an employee who is not a part-time status and who is regularly scheduled to work a full -time scheduled forty (40) hours per week, or a reduced full -time schedule of thirty -two (32) hours or more per week as approved by the Mayor on a voluntary basis.' (7) Part -Time Employee is an employee who is not assigned to a full -time status and who is scheduled to work less that the City's full -time schedule. (b) Residency Requirements for New Full -Time or Part -Time Employees: After March 1, 2014, any person who accepts full -time or part-time employment with the City, must be a bona fide resident of the City or be domiciled within the City within six (6) months of the date of beginning employment with the City. ' Ordinance No. 10266 -13 passed by the South Bend Common Council on October 30, 2013 and approved by the Mayor on November 6, 2013 provides in Section III "Employee Definitions" for full -time employee and Part-time employee, and does not provide definitions for seasonal or temporary employees. City Residency Requirements Ordinance Page 3 (c) Address: The address listed by a person who accepts full -time or part -time employment with the City on the Employment Eligibility Verification Form I -9 shall be the address which the City shall verify to determine compliance with this Section. (d) Violation: Any employee of the City who fails to establish that he or she is a bona fide resident of the City within six (6) months of his or her appointment, employment, or signing of the Employment Eligibility Verification Form I -9, shall be in violation of this Section, unless he or she meets one of the exemptions of paragraph (e) of this Section. Any employee found in violation of this Section shall be terminated from employment with the City. (e) Limited Exemptions: (1) Any new fall -time or part-time employee who are specifically exempted by Indiana state law, and therefore exempted from the residency requirements set forth in this Section. (2) Any new or part-time employee who has entered into a contract for the construction of a new residential dwelling located in the City whose date of completion is after the six (6) month period requirement addressed in paragraph (d) of this Section. In such instances, a copy of the contract for construction must be tendered to the City. (3) Any current full -time or part-time employee employed by the City when this Section takes effect, unless such employee subsequently moves out of the City. Section II. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect on October 1, 2013, and from and after its passage by the Common Council, approval by the Mayor and legal publication. Henry Davis, Jr, 2 -no District Council Member z Indiana Code § 36 -8-4 -2 sets forth residency requirements for sworn members of the police and fire departments. Indiana Code § 364-9-11 sets forth residency requirements for the head of the Department of Law. These references are examples of current state laws in effect and are not intended to be exhaustive of governing laws in this area. City Residency Requirements Ordinance Page 4 WM Office of the City Clerk A0 Aff5wpowe N,0/0" mM4 AAW"A on the _ day 2013 at o'clock —. m. Office of the City Clerk by me on the _ day of 2013 at o'clock —.m. Pete Buttigieg Mayor of the City of South Bend, Indiana 1st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED �7. IN 670irsio, Instructions for Employment Eligibility Verification USCIS Form I -9 Department of Homeland Security OMB No. 1615-0047 U.S. Citizenship and Immigration Services Expires 03/31 /2016 Read all instructions carefully before completing this form. Anti - Discrimination Notice. It is illegal to discriminate against any work - authorized individual in hiring, discharge, recruitment or referral for a fee, or in the employment eligibility verification (Form I -9 and E- Verify) process based on that individual's citizenship status, immigration status or national origin. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because the documentation presented has a future expiration date may also constitute illegal discrimination. For more information, call the Office of Special Counsel for Immigration- Related Unfair Employment Practices (OSC) at I- 800 - 255 -7688 (employees), 1- 800 - 255 -8155 (employers), or 1 -800- 237 -2515 (TDD), or visit m2w.justice.gov/crt/about/ose What Is the Purpose of This Form? Employers must complete Form I -9 to document verification of the identity and employment authorization of each new employee (both citizen and noncitizen) hired after November 6, 1986, to work in the United States. In the Commonwealth of the Northern Mariana Islands (CNMI), employers must complete Form I -9 to document verification of the identity and employment authorization of each new employee (both citizen and noncitizen) hired after November 27, 2011. Employers should have used Form I -9 CNMI between November 28, 2009 and November 27, 2011. General Instructions Employers are responsible for completing and retaining Form I -9. For the purpose of completing this form, the term "employer" means all employers, including those recruiters and referrers for a fee who are agricultural associations, agricultural employers, or farm labor contractors. Form I -9 is made up of three sections. Employers may be fined if the form is not complete. Employers are responsible for retaining completed forms. Do not mail completed forms to U.S. Citizenship and Immigration Services (USCIS) or Immigration and Customs Enforcement (ICE). Section 1. Employee Information and Attestation Newly hired employees must complete and sign Section 1 of Form 1 -9 no later than the first day of employment. Section 1 should never be completed before the employee has accepted a job offer. Provide the following information to complete Section 1: Name: Provide your full legal last name, first name, and middle initial. Your last name is your family name or surname. If you have two last names or a hyphenated last name, include both names in the last name field. Your first name is your given name. Your middle initial is the first letter of your second given name, or the first letter of your middle name, if any. Other names used: Provide all other names used, if any (including maiden name). If you have had no other legal names, write "N /A." Address: Provide the address where you currently live, including Street Number and Name, Apartment Number (if applicable), City, State, and Zip Code. Do not provide a post office box address (P.O. Box). Only border commuters from Canada or Mexico may use an international address in this field. Date of Birth: Provide your date of birth in the mm /dd/yyyy format. For example, January 23, 1950, should be written as 01/23/1950.. U.S. Social Security Number: Provide your 9 -digit Social Security number. Providing your Social Security number is voluntary. However, if your employer participates in E- Verify, you must provide your Social Security number. E -mail Address and Telephone Number (Optional): You may provide your e-mail address and telephone number. Department of Homeland Security (DHS) may contact you if DHS learns of a potential mismatch between the information provided and the information in DHS or Social Security Administration (SSA) records. You may write "N /A" if you choose not to provide this information. EMPLOYERS MUST RETAIN COMPLETED FORM 1 -9 Form 1 -9 Instructions 03/08/13 N DO NOT MAIL COMPLETED FORM 1 -9 TO ICE OR USCIS Page 1 of 9 All employees must attest in Section 1, under penalty of perjury, to their citizenship or immigration status by checking one of the following four boxes provided on the form: 1. A citizen of the United States 2. A noncitizen national of the United States: Noncitizen nationals of the United States are persons born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands, and certain children of noncitizen nationals born abroad. 3. A lawful permanent resident: A lawful permanent resident is any person who is not a U.S. citizen and who resides in the United States under legally recognized and lawfully recorded permanent residence as an immigrant. The term "lawful permanent resident" includes conditional residents. If you check this box, write either your Alien Registration Number (A- Number) or USCIS Number in the field next to your selection. At this time, the USCIS Number is the same as the A- Number without the "A" prefix. 4. An alien authorized to work: If you are not a citizen or national of the United States or a lawful permanent resident, but are authorized to work in the United States, check this box. If you check this box: a. Record the date that your employment authorization expires, if any. Aliens whose employment authorization does not expire, such as refugees, asylees, and certain citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, or Palau, may write "N /A" on this line. b. Next, enter your Alien Registration Number (A- Number)/USCIS Number. At this time, the USCIS Number is the same as your A- Number without the "A" prefix. If you have not received an A- Number/USCIS Number, record your Admission Number. You can find your Admission Number on Form I -94, "Arrival- Departure Record," or as directed by USCIS or U.S. Customs and Border Protection (CBP). (1) If you obtained your admission number from CBP in connection with your arrival in the United States, then also record information about the foreign passport you used to enter the United States (number and country of issuance). (2) If you obtained your admission number from USCIS within the United States, or you entered the United States without a foreign passport, you must write "N /A" in the Foreign Passport Number and Country of Issuance fields. Sign your name in the "Signature of Employee" block and record the date you completed and signed Section 1. By signing and dating this form, you attest that the citizenship or immigration status you selected is correct and that you are aware that you may be imprisoned and /or fined for making false statements or using false documentation when completing this form. To fully complete this form, you must present to your employer documentation that establishes your identity and employment authorization. Choose which documents to present from the Lists of Acceptable Documents, found on the last page of this form. You rust present this documentation no later than the third day after beginning employment, although you may present the required documentation before this date. Preparer and /or Translator Certification The Preparer and /or Translator Certification must be completed if the employee requires assistance to complete Section 1 (e.g., the employee needs the instructions or responses translated, someone other than the employee fills out the information blocks, or someone with disabilities needs additional assistance). The employee must still sign Section 1. Minors and Certain Employees with Disabilities (Special Placement) Parents or legal guardians assisting minors (individuals under 18) and certain employees with disabilities should review the guidelines in the Handbookfor Employers: Instructions for Completing Form I -9 (M -274) on MMM.Uscis.gov/ 1- 9Central before completing Section 1. These individuals have special procedures for establishing identity if they cannot present an identity document for Form I -9. The special procedures include (1) the parent or legal guardian filling out Section 1 and writing "minor under age 18" or "special placement," whichever applies, in the employee signature block; and (2) the employer writing "minor under age 18" or "special placement" under List B in Section 2. Form 1 -9 Instructions 03/08/13 N Page 2 of 9 All employees must attest in Section 1, under penalty of perjury, to their citizenship or immigration status by checking one of the following four boxes provided on the form: 1. A citizen of the United States 2. A noncitizen national of the United States: Noncitizen nationals of the United States are persons born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands, and certain children of noncitizen nationals born abroad. 3. A lawful permanent resident: A lawful permanent resident is any person who is not a U.S. citizen and who resides in the United States under legally recognized and lawfully recorded permanent residence as an immigrant. The term 'lawful permanent resident' includes conditional residents. If you check this box, write either your Alien Registration Number (A- Number) or USCIS Number in the field next to your selection. At this time, the USCIS Number is the same as the A- Number without the "A" prefix. 4. An alien authorized to work: If you are not a citizen or national of the United States or a lawful permanent resident, but are authorized to work in the United States, check this box. If you check this box: a. Record the date that your employment authorization expires, if any. Aliens whose employment authorization does not expire, such as refugees, asylees, and certain citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, or Palau, may write "N /A" on this line. b. Next, enter your Alien Registration Number (A- Number)/USCIS Number. At this time, the USCIS Number is the same as your A- Number without the "A" prefix. If you have not received an A- Number/USCIS Number, record your Admission Number. You can find your Admission Number on Form I -94, "Arrival- Departure Record," or as directed by USCIS or U.S. Customs and Border Protection (CBP). (1) If you obtained your admission number from CBP in connection with your arrival in the United States, then also record information about the foreign passport you used to enter the United States (number and country of issuance). (2) If you obtained your admission number from USCIS within the United States, or you entered the United States without a foreign passport, you must write "N /A" in the Foreign Passport Number and Country of Issuance fields. Sign your name in the "Signature of Employee" block and record the date you completed and signed Section 1. By signing and dating this form, you attest that the citizenship or immigration status you selected is correct and that you are aware that you may be imprisoned and /or fined for making false statements or using false documentation when completing this form. To fully complete this form, you must present to your employer documentation that establishes your identity and employment authorization. Choose which documents to present from the Lists of Acceptable Documents, found on the last page of this form. You must present this documentation no later than the third day after beginning employment, although you may present the required documentation before this date. Preparerand /or Translator Certification The Preparer and /or Translator Certification must be completed if the employee requires assistance to complete Section 1 (e.g., the employee needs the instructions or responses translated, someone other than the employee fills out the information blocks, or someone with disabilities needs additional assistance). The employee must still sign Section 1. Minors and Certain Employees with Disabilities (Special Placement) Parents or legal guardians assisting minors (individuals under 18) and certain employees with disabilities should review the guidelines in the Handbook for Employers: Instructions for Completing Form I - -9 (M -174) on www.uscis gov/ I- 9Central before completing Section 1. These individuals have special procedures for establishing identity if they cannot present an identity document for Form I -9. The special procedures include (1) the parent or legal guardian filling out Section I and writing "minor under age 18" or "special placement," whichever applies, in the employee signature block; and (2) the employer writing "minor under age 18" or "special placement' under List B in Section 2. roan I -9 Instructions 03/08/13 N Page 2 of 9 Before completing Section 2, employers must ensure that Section 1 is completed properly and on time. Employers may not ask an individual to complete Section 1 before he or she has accepted a job offer. Employers or their authorized representative must complete Section 2 by examining evidence of identity and employment authorization within 3 business days of the employee's first day of employment. For example, if an employee begins employment on Monday, the employer must complete Section 2 by Thursday of that week. However, if an employer hires an individual for less than 3 business days, Section 2 must be completed no later than the first day of employment. An employer may complete Form I -9 before the first day of employment if the employer has offered the individual a job and the individual has accepted. Employers cannot specify which document(s) employees may present from the Lists of Acceptable Documents, found on the last page of Form 1 -9, to establish identity and employment authorization. Employees must present one selection from List A OR a combination of one selection from List B and one selection from List C. List A contains documents that show both identity and employment authorization. Some List A documents are combination documents. The employee must present combination documents together to be considered a List A document. For example, a foreign passport and a Form I -94 containing an endorsement of the alien's nonimmigrant status must be presented together to be considered a List A document. List B contains documents that show identity only, and List C contains documents that show employment authorization only. If an employee presents a List A document, he or she should not present a List B and List C document, and vice versa. If an employer participates in E- Verify, the List B document must include a photograph. In the field below the Section 2 introduction, employers must enter the last name, first name and middle initial, if any, that the employee entered in Section 1. This will help to identify the pages of the form should they get separated. Employers or their authorized representative must: 1. Physically examine each original document the employee presents to determine if it reasonably appears to be genuine and to relate to the person presenting it. The person who examines the documents must be the same person who signs Section 2. The examiner of the documents and the employee must both be physically present during the examination of the employee's documents. 2. Record the document title shown on the Lists of Acceptable Documents, issuing authority, document number and expiration date (if any) from the original document(s) the employee presents. You may write "N /A" in any unused fields. If the employee is a student or exchange visitor who presented a foreign passport with a Form 1 -94, the employer should also enter in Section 2: a. The student's Form I -20 or DS -2019 number (Student and Exchange Visitor Information System -SEVIS Number); and the program end date from Fonn 1 -20 or DS -2019. 3. Under Certification, enter the employee's first day of employment. Temporary staffing agencies may enter the first day the employee was placed in a job pool. Recruiters and recruiters for a fee do not enter the employee's first day of employment. 4. Provide the name and title of the person completing Section 2 in the Signature of Employer or Authorized Representative field. 5. Sign and date the attestation on the date Section 2 is completed. 6. Record the employer's business name and address. 7. Return the employee's documentation. Employers may, but are not required to, photocopy the document(s) presented. If photocopies are made, they should be made for ALL new hires or reverifications. Photocopies must be retained and presented with Form I -9 in case of an inspection by DHS or other federal government agency. Employers must always complete Section 2 even if they photocopy an employee's document(s). Making photocopies of an employee's document(s) cannot take the place of completing Form 1 -9. Employers are still responsible for completing and retaining Form I -9. Forn 1-9 Instructions 03/08/13 N Page of Unexpired Documents Generally, only unexpired, original documentation is acceptable. The only exception is that an employee may present a certified copy of a birth certificate. Additionally, in some instances, a document that appears to be expired may be acceptable if the expiration date shown on the face of the document has been extended, such as for individuals with temporary protected status. Refer to the Handbook for Employers: Instructions for Completing Form I - -9 (M -274) or I -9 Central (www.uscis gov/1- 9Central) for examples. Receipts If an employee is unable to present a required document (or documents), the employee can present an acceptable receipt in lieu of a document from the Lists of Acceptable Documents on the last page of this form. Receipts showing that a person has applied for an initial grant of employment authorization, or for renewal of employment authorization, are not acceptable. Employers cannot accept receipts if employment will last less than 3 days. Receipts are acceptable when completing Form 1 -9 for a new hire or when reverification is required. Employees must present receipts within 3 business days of their first day of employment, or in the case of reverification, by the date that reverification is required, and must present valid replacement documents within the time frames described below. There are three types of acceptable receipts: 1. A receipt showing that the employee has applied to replace a document that was lost, stolen or damaged. The employee must present the actual document within 90 days from the date of hire. 2. The arrival portion of Fonn I- 94/1 -94A with a temporary I -551 stamp and a photograph of the individual. The employee must present the actual Permanent Resident Card (Form I -551) by the expiration date of the temporary I -551 stamp, or, if there is no expiration date, within 1 year from the date of issue. 3. The departure portion of Form 1- 94/1 -94A with a refugee admission stamp. The employee must present an unexpired Employment Authorization Document (Form 1 -766) or a combination of a List B document and an unrestricted Social Security card within 90 days. When the employee provides an acceptable receipt, the employer should: 1. Record the document title in Section 2 under the sections titled List A, List B, or List C, as applicable. 2. Write the word "receipt" and its document number in the "Document Number" field. Record the last day that the receipt is valid in the "Expiration Date" field. By the end of the receipt validity period, the employer should: 1. Cross out the word "receipt" and any accompanying document number and expiration date. 2. Record the number and other required document information from the actual document presented. 3. Initial and date the change. See the Handbook.for Employers: Instructions for Completing Form I -9 (M -274) at www.uscis.2ov/I- 9Central for more information on receipts. Section 3. Reverification and Rehires Employers or their authorized representatives should complete Section 3 when reverifying that an employee is authorized to work. When rehiring an employee within 3 years of the date Form I -9 was originally completed, employers have the option to complete a new Form I -9 or complete Section 3. When completing Section 3 in either a reverification or rehire situation, if the employee's name has changed, record the name change in Block A. For employees who provide an employment authorization expiration date in Section 1, employers must reverify employment authorization on or before the date provided. Forth 1 -9 Instructions 03/08/13 N Page 4 of Unexpired Documents Generally, only unexpired, original documentation is acceptable. The only exception is that an employee may present a certified copy of a birth certificate. Additionally, in some instances, a document that appears to be expired may be acceptable if the expiration date shown on the face of the document has been extended, such as for individuals with temporary protected status. Refer to the Handbook for Employers: Instructions for Completing Form I - -9 (M -274) or I -9 Central (www.uscis gov/1- 9Central) for examples. Receipts If an employee is unable to present a required document (or documents), the employee can present an acceptable receipt in lieu of a document from the Lists of Acceptable Documents on the last page of this form. Receipts showing that a person has applied for an initial grant of employment authorization, or for renewal of employment authorization, are not acceptable. Employers cannot accept receipts if employment will last less than 3 days. Receipts are acceptable when completing Form I -9 for a new hire or when reverification is required. Employees must present receipts within 3 business days of their first day of employment, or in the case of reverification, by the date that reverification is required, and must present valid replacement documents within the time frames described below. There are three types of acceptable receipts: 1. A receipt showing that the employee has applied to replace a document that was lost, stolen or damaged. The employee must present the actual document within 90 days from the date of hire. 2. The arrival portion of Form I- 94/1 -94A with a temporary I -551 stamp and a photograph of the individual. The employee must present the actual Permanent Resident Card (Form 1 -551) by the expiration date of the temporary 1 -551 stamp, or, if there is no expiration date, within 1 year from the date of issue. 3. The departure portion of Form I- 94/1 -94A with a refugee admission stamp. The employee must present an unexpired Employment Authorization Document (Form 1 -766) or a combination of a List B document and an unrestricted Social Security card within 90 days. When the employee provides an acceptable receipt, the employer should: 1. Record the document title in Section 2 under the sections titled List A, List B, or List C, as applicable. 2. Write the word "receipt" and its document number in the "Document Number" field. Record the last day that the receipt is valid in the "Expiration Date" field. By the end of the receipt validity period, the employer should: 1. Cross out the word "receipt" and any accompanying document number and expiration date. 2. Record the number and other required document information from the actual document presented. 3. Initial and date the change. Seethe Handbook, for Employers: Instructions for Completing Form I -9 (M -274) at www.uscis.gov/I- 9Central for more information on receipts. Section 3. Reverification and Rehires Employers or their authorized representatives should complete Section 3 when reverifying that an employee is authorized to work. When rehiring an employee within 3 years of the date Form I -9 was originally completed, employers have the option to complete a new Form I -9 or complete Section 3. When completing Section 3 in either a reverification or rehire situation, if the employee's name has changed, record the name change in Block A. For employees who provide an employment authorization expiration date in Section 1, employers must reverify employment authorization on or before the date provided. Form 1 -9 Instructions 03/08/13 N Page 4 of 9 Some employees may write "N /A" in the space provided for the expiration date in Section 1 if they are aliens whose employment authorization does not expire (e.g., asylees, refugees, certain citizens of the Federated States of Micronesia, the.Republic of the Marshall Islands, or Palau). Reverification does not apply for such employees unless they chose to present evidence of employment authorization in Section 2 that contains an expiration date and requires reverification, such as Form I -766, Employment Authorization Document. Reverification applies if evidence of employment authorization (List A or List C document) presented in Section 2 expires. However, employers should not reverify: 1. U.S. citizens and noncitizen nationals; or 2. Lawful permanent residents who presented a Permanent Resident Card (Form I -551) for Section 2. Reverification does not apply to List B documents. If both Section 1 and Section 2 indicate expiration dates triggering the reverification requirement, the employer should reverify by the earlier date. For reverification, an employee must present unexpired documentation from either List A or List C showing he or she is still authorized to work. Employers CANNOT require the employee to present a particular document from List A or List C. The employee may choose which document to present. To complete Section 3, employers should follow these instructions: 1. Complete Block A if an employee's name has changed at the time you complete Section 3. 2. Complete Block B with the date of rehire if you rehire an employee within 3 years of the date this form was originally completed, and the employee is still authorized to be employed on the same basis as previously indicated on this form. Also complete the "Signature of Employer or Authorized Representative" block. 3. Complete Block C if a. The employment authorization or employment authorization document of a current employee is about to expire and requires reverification; or b. You rehire an employee within 3 years of the date this form was originally completed and his or her employment authorization or employment authorizatiogdocument has expired. (Complete Block B for this employee as well.) To complete Block C: a. Examine either a List A or List C document the employee presents that shows that the employee is currently authorized to work in the United States; and b. Record the document title, document number, and expiration date (if any). 4. After completing block A, B or C, complete the "Signature of Employer or Authorized Representative" block, including the date. For reverification purposes, employers may either complete Section 3 of a new Form I -9 or Section 3 of the previously completed Form I -9. Any new pages of Form I -9 completed during reverification must be attached to the employee's original Form I -9. If you choose to complete Section 3 of a new Form I -9, you may attach just the page containing Section 3, with the employee's name entered at the top of the page, to the employee's original Form I -9. If there is a more current version of Form I -9 at the time of reverification, you must complete Section 3 of that version of the form. There is no fee for completing Form I -9. This form is not filed with USCIS or any government agency. Form I -9 must be retained by the employer and made available for inspection by U.S. Government officials as specified in the " USCIS Privacy Act Statement" below. For more detailed information about completing Form I -9, employers and employees should refer to the Handbook for Employers: Instructions for Completing Form I -9 (M -274). Form 1 -9 Instructions 03/08/13 N Page 5 of 9 You can also obtain information about Form I -9 from the USCIS Web site at www.uscis.gov /I- 9Central, by e- mailing USCIS at I- 9CentraIQ dhs gov, or by calling 1 -888- 464 -4218. For TDD (hearing impaired), call 1 -877- 875 -6028. To obtain USCIS forms or the Handbookfor Employers, you can download them from the USCIS Web site at www.uscis. gov /forms. You may order USCIS forms by calling our toll -free number at 1- 800 -870 -3676. You may also obtain forms and information by contacting the USCIS National Customer Service Center at 1- 800 - 375 -5283. For TDD (hearing impaired), call 1 -800- 767 -1833. Information about E- Verify, a free and voluntary program that allows participating employers to electronically verify the employment eligibility of their newly hired employees, can be obtained from the USCIS Web site at www.dhs. og v/E- Verifv, by e- mailing USCIS at E- Verify 7a dhs.gov or by calling 1 -888- 4644218. For TDD (hearing impaired), call 1 -877- 875 -6028. Employees with questions about Form I -9 and /or E -Verify can reach the USCIS employee hotline by calling 1 -888- 897 -7781. For TDD (hearing impaired), call 1- 877 - 875 -6028. and Retainins Form I -9 A blank Form I -9 may be reproduced, provided all sides are copied. The instructions and Lists of Acceptable Documents must be available to all employees completing this form. Employers must retain each employee's completed Form I.9 for as long as the individual works for the employer. Employers are required to retain the pages of the form on which the employee and employer enter data. If copies of documentation presented by the employee are made, those copies must also be kept with the form. Once the individual's employment ends, the employer must retain this form for either 3 years after the date of hire or I year after the date employment ended, whichever is later. Form I -9 may be signed and retained electronically, in compliance with Department of Homeland Security regulations at 8 CFR 274a.2. Act Statement AUTHORITIES: The authority for collecting this information is the Immigration Reform and Control Act of 1986, Public Law 99 -603 (8 USC 1324a). PURPOSE: This information is collected by employers to comply with the requirements of the Immigration Reform and Control Act of 1986. This law requires that employers verify the identity and employment authorization of individuals they hire for employment to preclude the unlawful hiring, or recruiting or referring for a fee, of aliens who are not authorized to work in the United States. DISCLOSURE: Submission of the information required in this form is voluntary. However, failure of the employer to ensure proper completion of this form for each employee may result in the imposition of civil or criminal penalties. In addition, employing individuals knowing that they are unauthorized to work in the United States may subject the employer to civil and /or criminal penalties. ROUTINE USES: This information will be used by employers as a record of their basis for determining eligibility of an employee to work in the United States. The employer will keep this form and make it available for inspection by authorized officials of the Department of Homeland Security, Department of Labor, and Office of Special Counsel for Immigration - Related Unfair Employment Practices. Paperwork Reduction Act An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated at 35 minutes per response, including the time for reviewing instructions and completing and retaining the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Regulatory Coordination Division, Office of Policy and Strategy, 20 Massachusetts Avenue NW, Washington, DC 20529 -2140; OMB No. 1615 -0047. Do not mail your completed Form I -9 to this address. Form 1 -9 instructions 03/08/13 N Page 6 of 9 You can also obtain information about Form I -9 from the USCIS Web site at www.uscis.gov /1- 9Central, by e- mailing USCIS at I- 9Centralndhs gov, or by calling 1- 8884644218. For TDD (hearing impaired), call 1- 877 - 875 -6028. To obtain USCIS forms or the Handbookfor Employers, you can download them from the USCIS Web site at www.uscis. go dhwnc. You may order USCIS forms by calling our toll -free number at 1- 800 -870 -3676. You may also obtain forms and information by contacting the USCIS National Customer Service Center at I- 800-375 -5283. For TDD (hearing impaired), call 1 -800- 767 -1833. Information about E- Verify, a free and voluntary program that allows participating employers to electronically verify the employment eligibility of their newly hired employees, can be obtained from the USCIS Web site at mnK.dhs.gov/E- Veri , by e- mailing USCIS at E:YerifyPa dhsyov or by calling 1 -888- 464-4218. For TDD (hearing impaired), call 1- 877 - 875 -6028. Employees with questions about Form I -9 and /or E -Verify can reach the USCIS employee hotline by calling 1 -888- 897 -7781. For TDD (hearing impaired), call 1- 877 - 875 -6028. and Retaining Form I -9 A blank Form I -9 may be reproduced, provided all sides are copied. The instructions and Lists of Acceptable Documents must be available to. all employees completing this form. Employers must retain each employee's completed Form I -9 for as long as the individual works for the employer. Employers are required to retain the pages of the form on which the employee and employer enter data. If copies of documentation presented by the employee are made, those copies must also be kept with the form. Once the individual's employment ends, the employer must retain this form for either 3 years after the date of hire or 1 year after the date employment ended, whichever is later. Form I -9 may be signed and retained electronically, in compliance with Department of Homeland Security regulations at 8 CFR 274a.2. Act Statement AUTHORITIES: The authority for collecting this information is the Immigration Reform and Control Act of 1986, Public Law 99 -603 (8 USC 1324a). PURPOSE: This information is collected by employers to comply with the requirements of the Immigration Reform and Control Act of 1986. This law requires that employers verify the identity and employment authorization of individuals they hire for employment to preclude the unlawful hiring, or recruiting or referring for a fee, of aliens who are not authorized to work in the United States. DISCLOSURE: Submission of the information required in this form is voluntary. However, failure of the employer to ensure proper completion of this form for each employee may result in the imposition of civil or criminal penalties. In addition, employing individuals knowing that they are unauthorized to work in the United States may subject the employer to civil and /or criminal penalties. ROUTINE USES: This information will be used by employers as a record of their basis for determining eligibility of an employee to work in the United States. The employer will keep this form and make it available for inspection by authorized officials of the Department of Homeland Security, Department of Labor, and Office of Special Counsel for Immigration - Related Unfair Employment Practices. Reduction Act An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated at 35 minutes per response, including the time for reviewing instructions and completing and retaining the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden; to: U.S. Citizenship and Immigration Services, Regulatory Coordination Division, Office of Policy and Strategy, 20 Massachusetts Avenue NW, Washington, DC 20529 -2140; OMB No. 1615 -0047. Do not mail your completed Form I -9 to this address. Form 1 -9 Instructions 03/08/13 N Page 6 of 9 Employment Eligibility Verification USCIS ;f F Department of Homeland Security Form I -9 OMB No. 1615 -0047 U.S. Citizenship and Immigration Services Expires 03/31/2016 ►START HERE. Read instructions carefully before completing this form. The instructions must be available during completion of this form. ANTI -DISCRIMINATION NOTICE: It is illegal to discriminate against work - authorized individuals. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because the documentation presented has a future expiration date may also constitute illegal discrimination. 1 am aware that federal law provides for imprisonment and /or fines for false statements or use of false documents in connection with the completion of this form. I attest, under penalty of perjury, that I am (check one of the following): ❑ A citizen of the United States ❑ A noncitizen national of the United States (See instructions) ❑ A lawful permanent resident (Alien Registration Number /USCIS Number): ❑ An alien authorized to work until (expiration date, if applicable, mm /dd/yyyy) _ (See instructions) Some aliens may write "N /A" in this field. For aliens authorized to work, provide your Alien Registration.Number /USCIS Number OR Form 1 -94 Admission Number: 1. Alien Registration Number /USCIS Number: OR 2. Form 1 -94 Admission Number: If you obtained your admission number from CBP in connection with your arrival in the United States, include the following: Foreign Passport Number: Country of Issuance: 3 -D Barcode Do Not Write in This Space Some aliens may write "N /A" on the Foreign Passport Number and Country of Issuance fields. (See instructions) Signature of Employee: Date (mm/dd /yyyy): and /or Translator Certification (To be completed and signed if Section 1 is prepared by a person other than the I attest, under penalty of perjury, that 1 have assisted in the completion of this form and that to the best of my knowledge the information Is true and correct. of Preparer or Translator: Date (mm/dd/yyyy): Name (Family Name) First Name (Given Name) (Street Number and Name) City or Town State Zip 0 Employer Completes Next Page 0 Form 1 -9 03/08/13 N - Page 7 of 9 Section 2 Employer or Authorized Rep�esentative`Review'iirid .yenfiCation Employee Last Name, First Name and Middle Initial from Section 1: List A OR List B AND List C ^ Identity and Employment Authorization Identity _ Employment Authorization Number: Expiration Date (ifany)(mm/dd/yyyy): Number: Title: Number: Document Number: Expiration Date (if any)(mm/dd/yyyy): 3 -D Barcode Do Not Write in This Space Certification I attest, under penalty of perjury, that (1) 1 have examined the document(s) presented by the above -named employee, (2) the above - listed document(s) appear to be genuine and to relate to the employee named, and (3) to the best of my knowledge the employee is authorized to work in the United States. The employee's first day of employment (mmfdd/yyyy): (See instructions for exemptions.) Signature of Employer or Authorized Representative Date (mm/dd/yyyy) I Title of Employer or Authorized Representative Last Name (Family Name) First Name (Given Name) Employers Business or Organization Name Employer's Business or Organization Address (Street Number and Name) City or Town State Zip Code Section 3-, Reverification and Rehires (To be completed and signed by employer or authorized representative.) A. New Name (if applicable) Last Name (Family Name) First Name (Given Name) Middle Initi al B. Date of Rehire (d applicable) I'mm/dd/yyyy): C. If employee's previous grant of employment authorization has expired, provide the information for the document from List A or List C the employee presented that establishes current employment authorization in the space provided below. Document Title: Document Number: Expiration Date (if any)(mm/dd/yyyy): I attest, under penalty of perjury, that to the best of my knowledge, this employee Is authorized to work in the United States, and it the employee presented document(s), the document(s) I have examined appear to be genuine and to relate to the InAh ielrrnl Signature of Employer or Authorized Representative: Date (mm/dd/yyyy): Print Name of Employer or Authorized Representative: Form I -9 03/08/13 N Page 9 of 9 Section -2. Ertiployer or Authorized Reoreseiitatl.ie4oe ..e...: �a...__sc_._.e_ Employee Last Name, First Name and Middlelnitial from Section 1: List OR List f3 eun .._._ VGI1r1lYatfvII I attest, under penalty of perjury, that (1) 1 have examined the document(s) presented by the above -named employee, (2) the above - listed documents) appear to be genuine and to relate to the employee named, and (3) to the best of my knowledge the employee is authorized to work in the United States. The employee's first day of employment (mm/dd/yyyy): (See instructions for exemptions.) Signature of Employer or Authorized Representative Date (mm/dd/yyyy) I Title of Employer or Authorized Representative Last Name (Family Name) or Organization Address Name (if applicable) Last Name C. If employee's current Title: First Name (Given Name) itreet Number and Name) Cify or Tovm tires (To be completed and signed Name) First Name (Given Name) horaabon has expired. provide the informs authorization in the space provided below. Document Number: Employer's Business or Organization Name State Initial for the document from List A or List C the Date Code I attest, under penalty of perjury, that to the best of my knowledge, this employee is authorized to work in the United States, and if the employee presented document(s), the document(s) I have examined appear to be genuine and to relate to the Signature of Employer or Authorized Representative: Date (mm/dd/yyyy): Print Name of Employer or Authorized Representative: Form 1 -9 03/08/13 N Page 8 of 9 LISTS OF ACCEPTABLE DOCUMENTS All documents must be UNEXPIRED Employees may present one selection from List A or a combination of one selection from List B and one selection from List C. LIST A LIST B LIST C Documents that Establish Documents that Establish Documents that Establish Both Identity and Identity Employment Authorization Employment Authorization AND 1. U.S. Passport or U.S. Passport Card ,; 1. Driver's license or ID card issued by a I. A Social Security Account Number 2. Permanent Resident Card or Alien ,. State or outlying possession of the Card, unless the card includes one of Registration Receipt Card (Form 1 -551) United States provided it contains a the following restrictions: photograph or information such as name, date of birth, gender, height, eye (1) NOT VALID FOR EMPLOYMENT 3. Foreign passport that contains a temporary stamp or temporary color, and address (2) VALID FOR WORK ONLY WITH I -551 printed d n no otation on a machine- 2. ID card issued by federal; state or local INS AUTHORIZATION readable immigrant visa government agencies or entities, (3) VALID FOR WORK ONLY WITH 4. Employment Authorization Document provided it contains a photograph or DHS AUTHORIZATION that contains a photograph (Form -�- information such as name, date of birth, 2. Certification of Birth Abroad issued I -766) _ gender, height, eye color, and address by the Department of State (Form 5. For a nonimmigrant alien authorized -_' 3. School ID card with a photograph 3. FS -545) Certification of Report of Birth to work for a specific employer Voter's registration card issued by the Department of State because of his or her status: (Form DS -1350) a. Foreign passport; and >- 5. U.S. Military card or draft record - 4. Original or certified copy of birth b. Forma -94 or Form 1 -94A that has '� 6. Military dependent's ID card certificate issued by a State, the following:. 7. U.S. Coast Guard Merchant Mariner county, municipal authority, or (1) The same name as the passport; Card territory of the United States and bearing an official seal (2) An endorsement of the alien's 8. Native American tribal document S. Native American tribal document nonimmigrant status as long as 9. Driver's license issued by a Canadian that period of endorsement has 6. government authority U.S. Citizen ID Card (Form I -197) not yet expired and the proposed employment is not in 7. For persons under age 18 who are Identification Card for Use of Resident Citizen in the United conflict with any restrictions or unable to present a document '' States (Form 1 -179) limitations identified on the form. listed above: 6. Passport from the Federated States of 8. Employment authorization Micronesia (FSM) or the Republic of _- 10. School record or report card document issued by the the Marshall Islands RMI with Form ( ) _- 11. Clinic, doctor, or hospital record Department of Homeland Security 1 -94 or Form 1 -94A indicating nonimmigrant admission under the 12. Day -care or nursery school record Compact of Free Association Between ;` the United States and the FSM or RMI Illustrations of many of these documents appear in Part 8 of the Handbook for Employers (M -274). Refer to Section 2 of the instructions, titled "Employer or Authorized Representative Review and Verification," for more information about acceptable receipts. Form 1 -9 03/08/13 N Page 9 of 9 ,010T g� i City of South Bend Common Council w w 1865 441 County -City Building . 227W Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President November 19, 2013 Oliver J. Davis The South Bend Common Council . Vice - President 4`s Floor County -City Building South Bend, Indiana 46601 (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov Karen L. White Chairperson, Committee Re: Proposed City Residency Requirements for New City Employees of the Whole Tim Scott Dear Council Members: First District I am introducing the attached proposed ordinance which I believe would be in the Henry Davis, Jr. best interests of South Be.:::!, I have continually advocated for measures which Second District would promote and enhance South Bend economically. I believe that by requiring City employees to live within the city limits, that this would be a step in Valerie Schey the right direction. Third District I am well aware of the fact that in that from 1976 -1986, that South Bend had Fred Ferlic residency requirements for its city workers. At that time however, the federal Fourth District government did not have in existence a 2 -page I -9 Form which is required to be David Varner completed by all employees "no later than the first day of employment ". That Fifth District form which is attached for informational purposes should mitigate the Administration's concern with regard to how a new employee's residential Oliver J. Davis address would be verified. Sixth District The proposed regulations would require all full -time and all part-time employees Derek D. Dieter hired by the City of South Bend from March 1, 2014 on, to live within the city At Large limits, within six (6), months of their date of hire. It would exclude those city Gavin Ferlic employees who are exempted by specific Indiana state law provisions. At Large I look forward to discussing this proposal with you when it is referred to the Karen L. White Personnel and Finance Committee for advisory review and recommendation. At Large Thank you. Sincerel Henry D 2 "a District Council Member South Bend Common Council Attachment °=iced in Clerk's Cffi . I i Jogs: vu0._:6 CITY CLERK, SO 4— uEt4a, IN OIRIs``[N'; .NCE NO.' AN ORDINANCE EST C�ABLISHING RESPONSIBLE BIDDER REQUIREMENTS ON PUBLIC WORKS PROJECTS WHEREAS, Indiana Code § 36 -1 -3 -1 et seq. permits the City of South Bend in the State of Indiana to exercise any power or perform any function necessary to the public interest in the context of its local affairs, which is not prohibited by the Constitution of the United States or of the State of Indiana, or denied or preempted by any other law, or is not expressly granted by any other law to another governmental entity; WHEREAS, the City of South Bend, Indiana expends substantial funds for the construction of public work, a portion of that money being derived from taxes paid by residents; WHEREAS, the City of South Bend, Indiana seeks to preserve administrative resources by ensuring that only qualified contractors and subcontractors are awarded contracts on public work construction projects; WHEREAS, the City of South Bend. Indiana, based apon its experience, has determined that quality workmanship, efficient operation, safety, and timely completion of projects are not necessarily insured by awarding a c - N&ruction contract solely on the basis of the low bid; WHEREAS, the City of South Beta . Indiana seeks w enhance its ability to identify the lowest "responsible and responsive bidder" ,.n all public work construction projects by instituting more comprehensive submission requirements which are in compliance with Indiana State Law; and WHEREAS, "An Ordinance Establishing Responsible and Responsive Bidder Requirements on Public Work Projects" will assure efficient use of taxpayer dollars, will promote public safety, and is in the public interest. NOW, THEREFORE, BE IT ORDAINED by the City Council of South Bend, Indiana (hereinafter "City"), that: Section 1. Public works For purposes of this chapter, tl team "public work" has the meaning set forth in IC 36 -1- 12-2. "Public work" shall also in_l de the following: any constructing, altering, reconstructing, repairing, rehabilitating, refinishing refurbishing, remodeling, remediating, renovating, custom fabricating, maintenance, landsca.r;ng, improving, moving, wrecking, painting, decorating, demolishing, and adding to or sul: a,,� "ng from any public building, structure, airport facility, highway, roadway, street, alley, bridge, sewer, drain, ditch, sewage disposal plant, water work, parking facility, railroad, excava,.ion, or other project, development, real property, or improvement, or to do any part thereo, whether oi, not the performance of the work herein described involves the addition to, or fabrication into, any structure, project or development, real property or improvement herein described of any material or article of merchandise, which is 1 paid for out of a public fund or out of a special assessment. The term also includes any public work leased by a political subdivision under a lease containing an option to purchase. Section 2. Application This ordinance applies whenever the cost of the public work project is estimated to be at least seventy -five thousand dollars ($75,000) or more. In order for a bid to be accepted, the bidder must submit the information listed in Section 3 below at or before the date and time that bids are due. Alternatively, the bidder may seek prequalifrcation by submitting the information listed in Section 3 below to the City. All required information shall be submitted on forms provided by the City. If the bidder participates in a multi - employer program and/or plan that relates to any of the matters referred to in Subsection F and/or G of Section 3 below, then the requirements of such subsections with respect to said bidder shall be satisfied if: (a) the applicable documents with respect to said program and/or plan are submitted to the City; and (b) the bidder certifies to the City that the bidder participates in and is bound by said programs and/or plans. The applicable documents with respect to said programs and /or plans may be submitted by the bidder and/or by the programs /plans and /or a representative of the programs /plans. A prequalified bidder shall be deemed a "responsible bidder" for purposes of this ordinance for a period of one (1) year from the date the City determines that the bidder is a "responsible bidder" based upon the relevant factors, including those referenced in Section 3 below. The failure and/or refusal of the City to "prequalify" a bidder as a "responsible bidder" shall not prohibit a bidder from bidding on a public project, but the City may consider all relevant factors, including any prequalifrcation submissions, in determining whether or not the bidder is a "responsible bidder" with respect to said public project. Requirements for subcontractors are set forth in Section 4 below. Any provisions of this Ordinance that conflict with any applicable federal statute, regulation and/or rule that applies to a federally - funded construction project shall not apply to said federally - funded construction project. Section 3. Responsible and Responsive Bidder In determining whether a bidder is a "responsible and responsive bidder" for the award of a public work contract, the City shall consider the factors set forth in IC 36- 1- 12- 4(b)(10) and IC 36- 1- 12- 4(b)(11). In addition, the bidder must submit the following information with supporting documentation, verified under oath on a form provided by the City: A. A copy of a print -out of the Indiana Secretary of State's on -line records for the bidder dated within sixty (60) days of the submission of said document showing that the bidder is in existence, current with the Indiana Secretary of State's Business Entity Reports, and 2 eligible for a certificate of good standing. If the bidder is an individual, sole proprietor or partnership, this subsection shall not apply; B. A valid federal employer tax identification number for the bidder, or, if the bidder is an individual, a valid social security number; C. Documents evidencing registration with the Indiana Department of Revenue; D. A statement of compliance with provisions of Section 2000e of Chapter 21, Title 42 of the United States Code and Federal Executive Order No. 11246 as amended by Executive Order No. 11375 (known as the Equal Opportunity Employer provisions); E. A statement of compliance with all provisions of the Indiana Common Construction Wage law (IC 5 -16 -7) and the federal Davis -Bacon and any related acts, and all rules and regulations therein, for the past five (5) years. Such statement shall also provide that the bidder has reviewed the Common Construction Wage law, the federal Davis -Bacon Act, and any related acts, has reviewed and agrees to pay the applicable common construction wage (or prevailing wage rate) as set forth in the common construction wage rate schedule (or prevailing wage determination) attached to the bid specifications, and will strictly comply with the Common Construction Wage law (and federal Davis -Bacon and any related acts, if applicable) and related requirements. A bidder who has been found by the Indiana Department of Labor to have a violation of the Common Construction Wage law that has not been fully remedied within sixty (60) days of the bidder's receipt of notice of said violation shall be deemed not to be a responsible and responsive Bidder for two (2) years from the date of said finding. A bidder may also be deemed not to be a responsible and responsive Bidder if the bidder has committed multiple violations of the Common Construction Wage law, regardless of whether or not such violations have been remedied. Further, a bidder on the federal Excluded Parties List System (www.ep Is. eov) shall be deemed not to be a responsible and responsive Bidder; F. Evidence of participation in apprenticeship and training programs applicable to the work to be performed on the project which are approved by and registered with the United States Department of Labor's Office of Apprenticeship, or its successor organization. The required evidence includes a copy of all applicable apprenticeship standards and Apprenticeship Agreement(s) for any apprentice(s) who will perform work on the public work project; G. A copy of a written plan for employee drug testing that: (i) covers all employees of the bidder who will perform work on the public work project; and (ii) meets, or exceeds, the requirements set forth IC 4- 13 -18; H. Documents evidencing bidder's safety and health activities, e.g. a written safety policy statement or plan; I. A statement that individuals who will perform work on the public work project on behalf of the bidder will be properly classified as either (i) an employee or (ii) an independent contractor, under all applicable state and federal laws and local ordinances; J. A statement that all employees of the bidder who will perform work on the public work project are (i) covered under a current worker's compensation insurance policy and (ii) properly classified under such policy. The evidence of worker's compensation insurance shall include a copy of the Certificate of Insurance showing the minimum statutory coverage. Further, if the bidder is insured with a carrier, the evidence of worker's compensation insurance shall also be a copy of the Declaration Page(s) of the current worker's compensation insurance policy showing the name and address of the insured, policy period, description, categories, class codes, estimated payroll and rates; K. Documents evidencing any professional or trade license or registration required by federal or state law or local ordinance for any trade or specialty area in which the contractor is seeking a contract award. Additionally, the bidder must disclose any suspension or revocation of such license held by the company, or of any director, officer or manager of the company; L. Disclosure of any federal, state or local claim for unpaid compensation (wages and/or fringe benefits) to bidder's employees filed against the bidder in the last five years, where such claim totals $100,000 or more; and M. Disclosure of any federal, state or local tax liens or tax delinquencies against the contractor or any officers of the contractor in the last five (5) years. Section 4. Subcontractors The bidder shall provide a written list that discloses the name, address, and type of work for each first -tier subcontractor from whom the bidder has accepted a bid and/or intends to hire on any part of the public work project, including individuals performing work as independent contractors, within five (5) business days from the date the bids are due. In addition, each such first -tier subcontractor shall be required to adhere to the requirements of Section 3 and Section 4 of this Ordinance as though it were bidding directly to the City, except that first -tier subcontractors shall submit the required information (including the name, address, and type of work for each of their first -tier subcontractors) to the successful bidder no later than the date of the subcontractor's first application for payment for the public work project and the bidder shall then forward said information to the City. Payment shall be withheld from any first -tier subcontractor who fails to timely submit said information until such information is submitted and approved by the City. M Upon request, the City may require any second- and lower -tier subcontractors to provide a written list that discloses the name, address, and type of work for each of their first -tier subcontractors to the successful bidder. Payments shall be withheld from any second- or lower tier subcontract who fails to timely submit said information until such information is submitted and approved by the City. Failure of a subcontractor to submit the required information shall not disqualify the successful bidder from performing work on the project and shall not constitute a contractual default and /or breach by the successful bidder. However, the City may withhold all payments otherwise due for work performed by a subcontractor, until the subcontractor submits the required information and the City approves such information. The disclosure of a subcontractor ( "Disclosed Subcontractor ") by a bidder or a subcontractor shall not create any rights in the Disclosed Subcontractor. Thus, a bidder and /or subcontractor may substitute another subcontractor ( "Substitute Subcontractor ") for a Disclosed Subcontractor by giving the City written notice of the name, address, and type of work of the Substitute Subcontractor. The Substitute Subcontractor is subject to all of the obligations of a subcontractor under this Ordinance. Section 5. Additional Criteria Available If the criteria in Sections 3 and 4 are otherwise satisfied, the City may also consider the following in determining whether or not a bidder is a "responsible bidder" for purposes of awarding the public work project: A. For projects in excess of $100,000, the City may require submission of Form 96 — Contractor's Bid for Public Work and may consider the information contained in said document if the submission of said document was required by the bidding documents and /or required by applicable bidding statutes and laws. B. Any determinations by a court or governmental agency for violations of federal, state, or local laws including, but not limited to violations of contracting or antitrust laws, tax or licensing laws, environmental laws, the Occupational Safety and Health Act (OSHA), the National Labor Relations Act (NLRA), or federal Davis -Bacon and related Acts. Section 6. Credit Toward Bid Award The following criteria shall be used as credit toward a bid in determining the lowest responsible bidder if the City provides in the solicitation that local credits shall apply. If the City applies any credit(s) towards a bid, the credit(s) will not reduce the amount of a contract. EXAMPLE: $1,000,000 bid, receives $50,000 local bidder credit. For purposes of determining the lowest bidder, the contractor's bid is $950,000. However, the contract price will remain $1,000,000. A. The City shall apply a credit equal to 5% or $50,000, whichever is less, based on the local bidder's bid. A local bidder is an individual or business entity that (1) establishes it has a 5 place of business located in the county where the work is to be performed for at least 1 year prior to the deadline for submitting bids, as registered in official documents with the Indiana Secretary of State; and (2) can demonstrate for one year prior to the deadline for submitting bids that it has paid a minimum of $5,000 of sales tax in the county where the work is to be performed. In the event a local bidder does not bid on the project, a bidder that establishes it has a place of business located within an Indiana county contiguous to the county where the work is to be performed for at least one year prior to the deadline for submitting bids, as registered in official documents with the Indiana Secretary of State, will receive a credit equal to 1% or $10,000, whichever is less; and B. The City shall apply a credit equal to 2% or $20,000, whichever is less, towards the bid of a bidder with a local workforce. "Local workforce" means at least 25% of the bidder's construction employees reside in the county where the work is to be performed or Indiana counties contiguous to the county where the work is to be performed. The bidder is not required to have a place of business in the county where the work is to be performed for this credit to apply. The bidder is responsible for requesting credit based upon any of the above criteria. Section 7. Material Change Any material changes to the bidder's or first- tiered subcontractors' status at any time must be reported in writing to the City within fourteen (14) days of the occurrence of said material change. Section 8. Incomplete Submissions by Bidders and Subcontractors It is the sole responsibility of the bidder to comply with all of its submission requirements within the time periods set forth in this Ordinance. Submissions that are inadequate and/or incomplete may result in a determination that the bidder is not a "responsible bidder." Section 9. Lowest Bidder Not Chosen If the City awards the contract to a bidder other than the lowest bidder, the City must state in the minutes or memoranda, at the time the award is made, the factors used to determine which bidder is the lowest responsible and responsive bidder and to justify the award. The City shall keep a copy of the minutes or memoranda available for public inspection. Section 10. Certified Payroll Reports For projects in which the cost is at least $250,000, the successful bidder and all subcontractors working on a public work project shall submit a certified payroll report utilizing the federal form now known as a WH -347 (or a successor form or a State of Indiana certified payroll form if and when such a form is adopted) which must be prepared on a weekly basis and 0 submitted to the City within ten (10) calendar days after the end of each week in which the bidder or subcontractor performed its work on the public work project. The City may withhold payment due for work performed by a bidder if the bidder fails to timely submit its certified payroll reports until such time as such certified payroll reports are submitted. The City may also withhold payment due for work performed by a subcontractor if the subcontractor fails to timely submit its certified payroll reports until such time as such certified payroll reports are submitted. The City shall not withhold payment to a bidder for work performed by the bidder or for work performed by subcontractors who have submitted their certified payroll reports, because one or more other subcontractors failed to timely submit their certified payroll reports. Section 11. Public Records All information submitted by a bidder or a subcontractor pursuant to this Ordinance, including certified payrolls, are public records subject to review pursuant to the Indiana Access to Public Records law (IC 5- 14 -3). Section 12. Materiality The requirements of this Ordinance are a material part of the bidding documents and any contract for a public work project subject to this Ordinance. The City shall include a copy of the Ordinance and a copy of the forms for submission of the information required in Section 3 and 4 above, in all bidding documents for all public work projects subject to the Ordinance. If the City fails to include a copy of the Ordinance in such bidding documents, the City may not reject a bid submitted by a bidder on the basis that the bidder failed to submit the information required in Section 3 or 4 in accordance with the applicable time periods; provided, however, that the City may require bidders to submit such information after bids are submitted and then consider such information in determining whether or not a bidder is "responsible." Regardless of whether or not the Ordinance is included in the bidding documents, however, any bidder awarded a contract for a public work project subject to this Ordinance is subject to the requirements of this Ordinance. Any bidder awarded a contract for a public work project subject to this Ordinance shall insert provisions in all subcontracts for the public work project that require the subcontractor: (a) to perform the subcontractor's obligations under this Ordinance; and (b) to include similar language in all lower - tiered subcontracts for the public work project; provided, however, that a subcontractor performing any work on a public work project subject to this Ordinance shall be subject to this Ordinance regardless of whether or not such provisions are included in its subcontract. Section 13. Severability If any portion of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other portions or applications of this Ordinance 7 which can be given effect without the invalid portions or applications and, to this end, the portions of this Ordinance are severable. Section 14. Other Ordinances Any prior ordinance or portion thereof in conflict with this Ordinance is hereby revoked. Section 15. Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . M. Approved and signed by me on the at o'clock . M. I l -t —i 3 t;'r READING PUBLIC FKARIN IG 3 rd REAM"i'G NOT AFP "OVE7 REFERR D PASSED City Clerk day of Mayor, City of South Bend, Indiana 2 :moiled in Clerk's Wit. r!Gv 2G N13 JOHN V0048ft CITY CLERK SOUTH BEND, W i City of South Bend Common Council 441 County -City Building . 227W Jefferson Blvd (574) 235 -9321 Soutb Bend, Indiana 46601 -1830 Fax (574) 235 -9173 http://www.southbendin.gov Derek D. Dieter November 20, 2013 President Derek D. Dieter, President Oliver J. Davis South Bend Common Council Vice - President 40' Floor County -City Building 227 W. Jefferson Blvd. Karen L. White South Bend, Indiana 46601 Chairperson, Committee of the Whole Dear Council Members: Tim Scott First District The attached bill is being introduces for your consideration to create and allow a more competitive atmosphere for local contractors and subcontractors. The Responsible Bidders Ordinance will promote a Henry Davis, Jr. higher sensitivity and competitivenes frr locally based firms and local employment. Over past two Second District decades the local area has seen a reduction of over 30 construction companies due to the unfairness in the bidding practices. Valerie Schey Third District Under the current Indiana State law mu,:icipal bodies ar:: allowed to create progressive policies to create more competition between private co.tractors for public prq; ects. As an incentive this ordinance aims to Fred Ferlic incentivize iocal and smaller contractors c_ bid more c mpetitic.:i�. Fourth District Per the Department of Labor websitc the State of Indiana has a current unemployment rate of 8.1 %, Saint David Varner Joseph County 9.8% and nationally being 7.3 %. Studies show that locally based markets operate better and Fifth District create its own economics multiplier effect when local workers are employed. Saint Joseph County has the highest unemployment rate amongst the other counties in our 5 county region. Oliver J. Davis With the amount of public dollars being spent on public projects we have an opportunity to recapture those Sixth District dollars in the local area. Every year the City of South Bend Public Works Department awards service, construction, and equipment related contracts in access of $50 million per year with $23,381,895.40 being Derek D. Dieter bided out during 2012 -2013 for construction. And out of the 100% of the construction contracts awarded At Large more than 70% of those dollars left the area. Gavin Ferlic With this ordinance we can offer a higher level of transparency in our tracking efforts and also bring a more At Large competitive atmosphere that will return more local employment opportunities for the local family and worker. I request this bill be refer; ed to the Public Works SubCommittee for review and discussion Karen L. White on December 9, 2013. At Large Sincerely, Council [.4ember. Henry ts, Jr. NOV 2 0 2013 CITY V; 'L .,... :; awea, ltv RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4701 Nimtz Parkway AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SC1.`A17ER INDUSTRIES, INC. WHEREAS, the Common i:'ouncil of the City of South Bend, Indiana, has adopted a Declaratory Resolution designatir;Er certain areas within the City as Economic Revitalization Areas for the purpose of tax abaten;,;am consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4701 Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: A part of the Southeast Quarter (SE' /.) of Section 20 and part of the Southwest Quarter (SW Y4) of Section 21, Township 38 North, Range 2 East, situated in German Township, St. Joseph County, State of Indiana, and being more particularly described as follows: Lots number ten (10) and eleven (11) as shown on the recorded plat of H.G. Baus Centre — Phase One, recorded March 16, 1995 i,s document Number 9507104 in the Office of the Recorder of St. Joseph County, Indiana, and which has Key Number 02`- 10 10-0 36102 be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaramty Resolution and the public hearing before the Council has been publis': _d purstiant to ` ndiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council h .,ld a public hearini; for the purposes of hearing all remonstrances and objections from ime —sted persons; and WHEREAS, the Council ha3 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 property owner is qualified for and is granted personal property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea. 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. GRr ENIK) Member of the Common (7ouncil -fled In OW"'S Off CITY 227 W. JEFFERSON BouLwARD SDrrr 1400 S. SOUTH BFND, IN 46+601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT January 8, 2013 SCOTT FORD, EXECUTIVE DIRECTOR Council Member Gavin Ferlic, Chairperson 1 Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: Somaschini North America Dear Council Member Ferlic: PRONE: 574/235 -9371 FAX: 574/235 -9021 I� -_-o Today, Somaschini North America formally requested that the abatement be heard by the Common Council on Monday, January 27'h. Should you or any of the other Council members have any questions or need additional information, please feel free to call me at 235 -9335. S/ <cerely 4% C Brock Zeeb Director Economic Resources Attachments c: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding tied in Clerks rwfl, :.6: iU13 -_ .. CITyCLF_ o tdrl YCciul�yrJF ASSISTANTEXECUrrVE DIRECTOR PIANNING NF(GHRoRHOOD ENCAGDUNT ECONOMIC RFSOURCES CHRIS FIFE UINC JrF)N KAIN PAMCLA C. MFYER RRUCKZEF.B RESOLUTION NO. A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4601 NIMTZ PARKWAY TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT AND EXTENDING THE ABATEMENT FOR 1 YEAR AND CHANGING OWNERSHIP FROM SOUTH BEND GEAR TO SOMASCHINI NORTH AMERICA 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 4601 Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: This real estate is commonly described as: vacant land North of and adjacent to 4701 Nimtz Parkway, said property having frontage on Showerlux Drive, South Bend, Indiana 46628 and is legally described as follows: that part of the Southeast Quarter of Section 20 and the Southwest quarter of Section 21, both in Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot # IOA as shown on the plat of "H.G. Baus Centre - Phase One First Replat" subdivision recorded by Document No. 0746267 in the records in the Office of the Recorder of St. Joseph County, Indiana. Containing 5.54 acres more or less. Subject to all legal highways, easements and restrictions of record, and which has Key Number 71- 03 -21- 300 - 001.000 -009, 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 reconfirms 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 until February 15, 2015. The Common Council hereby confirms that Somaschini North America may assume the tax abatement previously granted to South Bend Gear. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of (5) five 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 se q. 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. PRESENTED ., NOT APPROVE6 ADOP'M. ( (<J" 3 rjcw� ( t-- Member of the Common Colj&il -lied In Clark's um jolim vd)t3ni?i'<. CITY CUIRK, 39U'rH OE NO, IN 227 W. JEFFERSON, BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT December 31, 2013 SCOTT FORD, EXECUTIVE DIRECTOR Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: Somaschini North America Dear Council Member Ferlic: PHONE: 574/235 -9371 FAX: 574/235 -9021 South Bend Gear received a five year personal property abatement from the Common Council and the terms of that abatement were extended to February 14, 2014 in February of 2013. Schafer Gear Works is no longer a part of the entity. Effective December 1, 2012 South Bend Gear became a single member LLC with Somaschini as the sole member. In early 2013, the entity changed its name to Somaschini North America, LLC, Today, Somaschini North America formally requested that the abatement be transferred from South Bend Gear to Somaschini North America. In addition, Somaschini North America is now requesting that the abatement be extended to February 15, 2015. The attached letter from their CEO explains the reasons for the extension request, A representative of the company will be available to meet with the Committee on Monday, January 13, 2013. To accomplish this request, a tax abatement recipient must notify the Council in writing. Attached you will find a letter from the company's representative, Andrea Scanavini CEO, requesting the extension. 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 -9335. Sincerely, lr 4/ Director Economic Resources Attachments c: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding FI{e-c in e-rk twice jAN 13 JOHN Vt?CSROE CITY CLFRK, SQWH t ENO, IN ASSISTANT EXECUTIVE D1RFICFOR PIANNINC NEIGHBORHOOD ENCAGMENT ECONOMIC RFSOHROES CHRISFIFIDNG J11IKKMN PAMELIC.WYER BROCK& B OSOMASCHINI NORTH 4601 Nimtz Parkway South Bend, IN 46628 Phone 574. 968.0273 December 16, 2013 Janice Talboom Office of the Clerk 227 W. Jefferson Boulevard, Suite 400 S South Bend, IN 46601 -1830 ' s "Hed RB CEC 2 3 2913 CITY CLJERK,�$ UTH BEND. IN ` Re: Somaschini North America, LLC, Personal Property Tax Abatement Dear Ms. Talboom: South Bend Gear, LLC ( "SBG ") received a five -year personal property tax abatement from the South Bend Common Council (see enclosed copy of Memorandum of Agreement dated February 21, 2011 and enclosed copy of Statement of Benefits form SB -1 /PP dated January 28, 2011 and related attachments). The abatement was based on the estimate that SBG would expend $15,600,000 over a two -year period ended February 14, 2013 on manufacturing equipment and related expense items. In addition, it was estimated that SBG would create at least twelve new, permanent, full - timejobs with an annual payroll estimated at $550,000 by February 15, 2012, and would create at least fourteen new, permanent, full -time jobs with an annual payroll estimated at $641,000 by February. 13, 2013. In February 2013, the time frame to meet the abatement projections was extended to February 13, 2014. In the most recent form CF -I /PP filed on May 10, 2013 (see enclosed copy of CF- I /PP), Somaschini North America, LLC (formerly known as SBG) reported actual equipment costs of $9,642,214 (compared to the total estimated commitment of $15,600,000) and actual annual payroll of $477,683 (compared to the total estimated commitment of $641,000). With the exception of $367,886 of equipment costs that were acquired in January and February of 2013, those actual amounts on the CF -1//PP represented the equipment costs and payroll as of December 31, 2012. Somaschini North America, LLC ( "Soma ") has continued to invest in equipment and payroll in 2013. As of November 30, 2013, Soma has made additional investments in equipment of $2,820,000 for a total investment of approximately $12,462,000 and incurred payroll in excess of $650,000. As evidenced by the investments made in equipment and payroll, Soma remains committed to its business in South Bend. However, while the payroll requirement will be met in terms of payroll dollars, it is apparent that SBG will not meet both of the original requirements of an estimated $15,600,000 of equipment by February 14, 2014 and $641,000 of payroll /26 employees by February 13, 2014. The difficulty in reaching the requirement is primarily due to four factors: 1) delays in bringing its initial manufacturing line into production; 2) delays in bringing on the second line of manufacturing; 3) transition of ownership with the departure of Schafer Gear Works, Inc. in December 2012, and 4) reduction in orders from a major customer. The initial manufacturing line is now producing at acceptable levels and the transition of ownership has been completed as of November 30, 2012. In February of this year, it was anticipated that the second line of manufacturing would begin functioning in the third quarter of this year. While the equipment has been purchased, it has not yet been placed in service due to economic factors beyond the company's control. The original filing for the personal property tax abatement was predicated on this second manufacturing line. From Soma's perspective, the second line of manufacturing is not a question of "if' but "when ". The deployment of the second manufacturing line continues to be critical to Soma's overall business plan. We understand through conversations with you that the appropriate course of action is to request an extension of time to enable Soma to meet its commitments. Accordingly, Soma hereby requests an extension of twelve months until February 14, 2015 within which to meet its commitment to invest in the manufacturing equipment and new jobs, as specified in the Memorandum of Agreement dated February 21, 2011. If the South Bend Common Council would like Soma to appear at a meeting in order for the extension to be granted, please advise of the preferred meeting date at your earliest convenience. Soma firmly believes that the extension will provide the company the necessary additional time to meet its commitments to South Bend. Soma remains firmly committed to South Bend. Thank you for your consideration. Very, tr y yours, .'M And Scanavim CEO Somaschini North America, LLC cc: Mr. Pete Buttigieg, Mayor City of South Bend sO WMAWHINI _`![ to �ia�r�r ,eRZ „; NORTH AMERICA; �, 4601 Nimtz Parkway �EC L South Bend, IN 46628 dC}y;;�y iGi `i�L`F Phone 574- 968 -0273 1; CITY CLIP l , SOUTH BEND, !h, December l6, 2013 Janice Talboom Office of the Clerk 227 W. Jefferson Boulevard, Suite 400 S South Bend, IN 46601 -1830 Re: Somaschini North America, LLC Personal Property Tax Abatement Formerly South Bend Gear, LLC, Personal Property Tax Abatement Dear Ms. Talboom: South Bend Gear, LLC ( "SBG ") received a five -year personal property tax abatement from the South Bend Common Council (see enclosed copy of Memorandum of Agreement dated February 21, 2011 and enclosed copy of Statement of Benefits form SB -UPP dated January 28, 2011 and related attachments). In February 2013, the time frame for meeting the terms of the abatement was extended to February 14, 2014 and the intent was to transfer the MOA to Somaschini North America, LLC. While the original entity that filed the Memorandum of Agreement ( "MOA ") remains the same, we have been advised that the abatement that was applied for in February 2011 needs to be transferred to Somaschini North America, LLC ( "Soma "). Thus, we are writing this letter to finalize the transfer of the abatement to Soma and to recognize that Schafer Gear Works, Inc. is no longer a part of the entity or the abatement. The original MOA was filled by Mr. Stan Blenke for SBG. SBG was formed as a two- member LLC at that time. The two members were: Soma and Schafer Gear Works, Inc. Effective December 1, 2012, SBG became a single member LLC with Soma as the sole member. In early 2013, the entity changed its name to Somaschini North America, LLC. We understand that we may need to appear before the Council to complete this request. If we need to appear at a meeting, please advise us of the preferred meeting date at your earliest convenience. We thank you for your time and consideration of this request. Very truly yours, i And canavini CEO Somaschini North America, LLC cc: Mr. Pete Buttigieg, Mayor City of South Bend STATEMENT OF BENEFITS PERSONAL PROPERTY State Form 61764(14/1.00) Prescribed by the Department of Local Government Finance INSTRUCTIONS: 1. 7hls stelementmuat be submlked 10 Ma to the FORM SB•1 /PP PRNAC eY�&aNOT�ICE b�ianc♦aa MCnY� NOTICE d'Nee IC6- i.t•12.1d.1 c and d� o,.�wmn aaagne,eu Haar vury 1, Jaai regmree S7gTEhfEMTOFBENEFlT &(IC 6- f.1.12.f)� - °•�p1°�OOaraommrUadfo efierJuly J, J96', 2. Approval alike deslgnatingbody (C/1ycound/, Town Board. County Counag etaJ Oust be oblanedpdorro /naaleUon alhenewmanaeaudng equipmen andpproveamh and devo/opmam equipment and/or1o91aUCel dh7dbuUOn equ/pmeid aMilviroorma6on lechndogyequlpmenl, BEFORE, tleducUonmay be approved 3. To obtain a deduction, a person must Me a ce?IBad deduction schedule will the p'"an"s personal proparlY slum on A 00MIed dedua rx, Schedule (Form 103 -ERA) with the township assessor of the township whore the properly As Ousted' The 103 -ERA must be Madbebvean March f and May 16 of the assessment year In which nowmanrdachrdnil equipment and/or research and development equipment eM/or loyisUeel d/stlbution equipment enNor Rtethe Ularm between March 1 and iUre euendeddufe pr to o1U ofyea�a Boo hasbeanablaned gperson w1+a oble/nsahDn9 eMenaion must 4. property owners whose Statement of BeaeMs was approved aterJune 30, 1991, ntua submh Form CF-1 /Pp annually to show minal ance With UIe StatemantofBeneRfs. 6. The achodaeeesteblfahadunderIC B -f.t- 12.1- 4.6(rtJ and(e) applyro equipmenlinsisiadaherMamh 1, 2001. Forequ /pmentlnsWadpdarlo Macon 2, 2001, the schadaes andstetaesin efiaaaf the Into shatcontinue 6 apply. (IC B•1.1- 121.4.8(/) and (g)) me of legayer -..— South Bend Gear, LLC rdreasaWpeyer(nwnberandsaeet, Ulx stem, antlLPepe) q 3849 Showedux Drive, South Bend, Indiana 46629 JAN `L 0 201 3949 Showedux Drive, South Bend, Indiana See attached 2 sheets. R 6 D Equipment LOglst DBt Equipment IT Equipment 0 10.00 0 0 0 0 .00 0.00 12 5 550,000.00 NOTE: Pursuant M MANUFACTURING u R 8 D EQUIPMENT LO GIST D18T . COST of the property is confidenfial. C E U9'MENT I ITEOUIPMENT COST E CST CoSi ASSESSED C COST ASSESSM Curenlvalues a am 000 W VALUE Plus estimated values a proposed pr at l lsn =00 6xgl.oln.00 Less values ofanyproperty being replaced 0 000 0.00 Net estimated values upon completion of project u uam,aaom 6,3aopoom • • . . r a Esfimated soGdwage converted (pounds) E Estimated hazardous warts. com iced (pouMa) Deer benefits: Al • STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS ' Stela form 6116) (R2 / 1 -0)) Prescribed by the Department of Local Government Finance This statement Is being completed for real property that qualities under the following Indiana Code (check one box): O Redevelopment or rehabilitation of real estate Improvements (IC 6.1.1. 12.14) ❑ Eligible vacant building (IC 64.1- 12.1 -0.8) INSTRUCTIONS: I. This statement must be Submitted to the bodydesgnating the Economic RewlallzetionAree pnprto Me publiehs bdomretim from the 8PPllcenfin making its decision about whetiherto designate an EconomicRev/te8zalamArea submidedlo the designating body BEFORE the Mdevelopmentorlehabllltetion of real properly rah whkh theper TMISCIS'PhWhild or committed to eBerJury f, 1987, and areas designated afie J 1 1987 ab_ FORM 98.1 I Raat Proporry 2. Approval aid* desgmen r ulY 987, require a STATEM&Nl UFBENEFITS. (lC 61.1 -12.1) goody (Qty Counol. Town Baerd, County Council etc.) must be obleinadprtorro Initiation ofthe redevelopment orrehebll Muth, BEFOREa tletlucfian maybe aPProved. 3 oh(btMey dedutio,PROWAM Farm 322 ERAIRE Or Form 322 ERAA/90, Whichever /s appli cable, must be filed with the Counryqudiforby the (2) ny(30) days afterthe notice ofedddion to assessed valuation ornewerSSNment is mailed b the property owneretthe eddran shown on the records o /the township assessor. 4. Property Owners whose Statement afBenefits was approved after June 30, 1991, must attacb a Form CicilReal Property anpua/y to the application to show compltance with the Statemento /BOWNS. fC6 -r1- 12.7- 5.1(b,)and /C tMf.1- 12.1- 5.3(/)] S. The schedules eate011shed undaNC 6 -7. f- 12.1- 4(d)fwreheb8gafed property end under IC 6- 1.1.12.1 - 4.8(1) for vacant buildings apply to any stalemate ofbenefih OPplovedonorafterJu /yf,2000. The scheduleseOediVBPdoryo Juy 1,2000,shall continue to appNfo a statement afhe,wroe emd „ae.... Ju/v 1. 2000. I Gear LLC Oera,MSrmet aky stab, end2/PWe1 Br Gear Dr., South Bend, IN 46628 E-maB -y or Andrea scanavini Tewphone number 1 - ctb4 -o 3 Common Council Readh 40f Gear Dr., South Bend, IN 96628 County . Joseph X71 impomnants, redevewpmenl, or fahabibtetion(aae ad0lbna /sheen ✓neceasery) Eaemai See attached ..� 0 0.00 I._0- ..- _...-- e . NOTE: Pursuant to IC 8 -1.i- 12.7.5.1 (d) (2) the COST of the property le nnnRAaul..l Estimated solid waste convened *units) . L Estimated hazard car be efk Total employees to be hired is estimated to be 26 by the completion 9 JAN (0! 2013 I hereby certify thaq the representations In this statement are true. EIR Page 1 of 2 We have reviewed our prior actions retailing 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, authorized under IC 6- 1.1- 12.1 -2. passed under IC 6-1.1- 12.1 -2.5, provides for the following limitations as l 7 2dA� ( A . The designated area has been limited to a period of time not to exceed is_ 17— -1 D �- t`i calendar years ' (see below). The date this designation expires B . The type of deduction that is allowed in the designated area is limited W. 1. Installation of new manufacturing equipment: as ❑ N o 2. Installation of new research and development equipment 3. Installation of new logistical distribution Yes MN o equipment. El Ye Oka 4. Installation of new information technology equipment; ❑Yes RN o { C. The +am^ount of deduction applicable to new manufacturing equipment is limited to $ L 2 (;Ivlc 1 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) 0�� H. The deduction for new manufacturing equipment and/or new, research and development equipment and/or new logistical distribution equipment and for new information technology equipment installed and first claimed eligible for deduction on or after July 1, 2000, is allowed for ❑ 1 year Cl 6 years '• For ERKs established prior to July 1, 2000, only a ❑ 2 years ❑ 7 years 5 or 10 year schedule may be deducted. ❑3years ❑eyears ❑.4 years ❑ 9 years ea" years •• ❑ 10 years •' Also we have reviewed the information contained in the statement of benelts 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_ V(sx,/parum /alnd " ofamfndzedmem�/ped t� i 1 / 4• \ C 1 YQ Ly, l�9 A p Date signed (coo al, daY.Y�d Attested I eS 1 ti b z3J -_y 3z1 1 —c OvlY..o S � e, W,�, cou 61. cc ' If the i ignating body limits the time period dump 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 STATEMENT OF BENEFITS FORM SB -1 / PP PERSONAL PROPERTY State Form 51764 (R / 1-06) Prescribed by the Department of Local Government Finance PRIVACY NecO�TcICE salary tinforawg nb IndiNdual'e t>aMxlentlac the - tudena of the b btic roeoM INSTRUCTIONS rIG 6.1.1.13.15.1 c vW d. 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 desisbn about whetherto designate an Economic RevifalizatanArea. Otherwise kris ataremem must be submitted to the designakrg bodyBEFOREe person hstafls the new manufacturing 4rquvinemarnd/arreseamh and devebpment equipment, and/orbgiskal disMbution equipment and/orintormation technology equipment for which the person wishes fo dalm a deduction. ?ro)ects' planned orcommided to akerJuty 1, 1957, and areas designated ekerJUly 1, 1967, requJna a STATEMENT OFBENEFITS. (1C 6 -1.1 -12.1) 2. Appro val of the designating body (City 6oundll, Town Board, County Councli, eta.) must be obtained prior to Installation of the new manufacturing equipment and/or research and development equipment and/or logisdcal distribution equipment and/orintimation technology equipment, BEFORE a deduction may be approved 3. To obtain a deduction, a person must file a cerlMed deduction schedule with the person's personal property return on a certified deduction schedule (Form 103 -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 end /or research and development equipment and/or logistical distribution equipment and/or information technology equipment Is installed and fully functional, unless a riling extension has been obtained. A person who obtains a riling extension must fife 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, Statement of Benefits. #C6-1.1-1Z1-5.6) 5. The schedules established under IC 64.1 - 12.1- 4.5(d) and (e) apply to equlpn 2001, the schedules and statutes in effect at the time shall continua to am 1v r 1991, must submit Form CF -1 / PP annually to show compliance with the it installed after March 1, 2001. For equipment Installed pdor to March $ 6-1.1- 1214.5(8 and (a)) South Bend Gear, LLC Address of taxpayer (numberand street, ally; state, and ZIPoodal 3849 Showerlux JAN 2 8 2411 Drive, South Bend, Indiana 46628 Name of contact person 'telephone number Stan JOHN VOOROE ' (574)234 -411s 2 SECTION . e Name of designating body Resolutlon nu (s) South Bend Common Council ( nmbper .r Location of property County DLGF taxing district number 3849 Showerlux Drive, South Bend, Indiana 46628 St. Joseph 71.009 Description of manufacturing equipment and/or research and development equipment and /or logistical distribution equipment and /or information technology equipment. ESTIMATED (use additional sheets IF necessary) START DATE COMPLETION DATE See attached 2 Sheets. Manufacturing Equipment 07/01/2011 06/30/2013 R & D Equipment Logist Dist Equipment IT Equipment • Cunent number Salaries Number retained Salaries Number addAWW Salaries 0 0.00 0 0.00 12 550,000.00 TURING R b D EQUIPMENT LOGIST DIST NOTE: Pursuant to IC 6 -1.1- 12.1 -5.1 (d) (2) the ENT IT EQUIPMENT property rty is confidential. EQUIPMENT COST of the roe ASYS�E SED ASSESSED COSTED COST L'IQ Cunent values .00 Plus estimated values of proposed project ,240,000.00 Less values of any property being replaced .00 Net estimated values upon completion of project 24g000.0, • • • • .: Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other benefits; Total employees to be hired is estimated to be 26 by the completion date. SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations M this statement are We. r Ssignature of authorized representative Title Date signed (month, day, yead WiL— Manager 1 01/28/2011 Filed In CIA lkr,�s JAN 28 Ui1 1/27/2011 JV machinery investment IN JV INVESTMENTS 2011 2012 2013 Total Eauioment 711/2011 8/1 Install Investment Comments Muratec Lathe, Soft Turning Muratec Lathe, Soft Turning Liebherr Hobbing Machine Samputensili Deburring Machine Kitamura Machining Cemter Vertical Broach Ems Lathe, Hard Turnina Emag Lathe Ema Lathe, After Bushiln2 is Press Fit Reishauer Gear Grinder Robots &Automat'OE Marposs Controls & Ga es Washin Machine - Gear Checker CMM Markin machines $489,866 489,866 792,795 200,000 425,000 110,000 527,000 527,000 527,000 1,567,384 1,324,894 140,000 400,000 255,470 145,000 40,000 $540,000 540,000 850,000 220,000 0 0 580,000 580,000 0 1,600,000 1,200,000 0 200,000 0 0 40,000 $1,029,866 1,029,866 1,642,795 420,000 425,000 110,000 1,107,000 1,107,000 1 527,000 I 3,167,384 2,524,894 140,000 600,000 255,470 145,000 80,000 I 1 2 soft turn lathes 2 soft turn lathes 2 soft turn hobbers 2 soft turn deburr 1 soft turn drilling centers 1 soft turn broaches 2 hard turn lathes 2 hard turn lathes 1 ass'y lathes 2 ear rinders automation for 2 lines a in for 2lines 3washin machines 1 ear checker I CMM 4 Markin machines Subtotal $7,963,275 $6,350,000 $0 $14,311,275 I Total Rounded $8,000,000 $6,500,000 $0 $14,500,000 Filed In CIA lkr,�s JAN 28 Ui1 1/27/2011 JV machinery investment IN CY d° aaz °z°azaaazz °z °a oaaazz °z°z°z° H O O O O 0 0 0 0 0 0 0 0 0 00 G C O O O 6 p 0 0 0 0 0 0 0 0 0 0 0 0 U p 0 0 O O O O p O O O 0 0 O O O 0 0 0 0 0 0 0 0 0 O O O O N 0 0 0 0 0 0 0 0 0 O O O �O'�eN- NNHOO� N'WNM1n M 19 W W M _Y c 1y o c p Cm C a . tiacr 'mLLEw t ym my d y r V 04 co fo E . i i c E o E c o 0 c W O c c i o m v ` -% (9 c �c Ec y . y a E" ° m 2U U o O o _ m ii c " E o m v v E Co ` c L, LL oc p - ca v = a V ( .R .1 1 n'. 'uLLw� I_F_c- °L c m ao U n m` U ¢ l ca 00 a a O a a a a a a z a a a a a a 0 f H N 06 O p E I di 0 O O N O n N 0 0 O N N W O 9 d s N 0 0 n 0 a` E E a x w E d v c d a 0 v o P y Q W m m aN fC n i o OC I w W d i y C N N N N W L W a (9 L y Q % a O N a = F S! n c U M.2 i d N 6 E C m d a E m C C moc 3w CD U x Uam 2y o A of C Z N 0 0 n 0 a` E E a x w E d v c d a 0 v We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1- 12.1 -2.5, provides for the following limitations as authorized under IC 6-1.1- 12.1 -2. A. The designated arcs, tics been limited to a period of time not to exceed calendar years ' (see below). The date this designation expires is !— LI —ZA {3 B . The type of deduction that is allowed in the designated area is limited to: 1. Installation of new manufacturing equipment; Yes ❑ N o 2. Installation of new research and development equipment; WYes fNo 3. Installation of new logistical distribution equipment. ❑Yes 4. Installation of new Information technology equipment; ❑Yes rr ��77 ! C. The amount of deduction applicable to new manufacturing equipment is limited to $ iQ a U1 ft r t 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 $ i E. The amount of deduction applicable to new logistical distribution equipment Is limited to $ cost with an assessed value of c � F. The amount of deduction applicable to new information technology equipment is limited to $ cost with an assessed value of PP 9Y G. Other limitations or conditions (apeclly) H. The deduction for new manufacturing equipment and/or new research and development equipment andfor new logistical distribution equipment and/or new information technology equipment installed and first daimed 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, oniv a ❑ 2 years ❑ 7 years 5 or 10 year schedule may be deducted. 03years ❑8 years ❑4 years ❑ 9 years ,,�A 7 years** ❑ 10 years •• we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have minekthat the totality of benefits is sy(irient to jus"e deduction described above. day, year) 2A 1 L -L - • If the deonating 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 MEMORANDUM OF AGREEMENT This Memorandum of Agreement (Agreement) dated as of the wl day of fEBQwrav, 2011, serves as confirmation of a commitment by South Bend Gear, LLC (the "Applicant "), pending a February 28, 2011, public hearing, to comply with the project description, job creation and retention (and associated wage rates and salaries) figures contained in its petition, Statement of Benefits, and attachments and this Agreement (Commitments). 1. Commitments of City and Applicant. Subject to the adoption of a Declaratory Resolution and a Confirmatory Resolution by the South Bend Common Council (the "SBCC "), the City of South Bend, Indiana (the "City ") commits to provide a (5) five -year personal property tax abatement for the Applicant, based on the Applicant's commitment set forth in its Application addressing 3849 Showerlux Drive, South Bend, IN 46628 (Key No. 71- 03- 21 -300- 001.000 -009). The Applicant commits to a capital expenditure of no less than $15,600,000 over a two year period associated with the acquisition and installation of several pieces of turning, gear cutting and gear finishing equipment as well as robots and automation equipment (the "Project ") which will create at least twelve (12) new, permanent full -time jobs with an annual payroll estimated at $550,000 by February 15, 2012, and fourteen (14) additional new, permanent full -time jobs with an annual payroll estimated at $641,000 by February 13, 2013. 2. Potential Impact of State of Indiana Circuit Breaker Law The parties note that the calculations regarding the affect of the tax abatement in question are based on the State of Indiana's tax rates currently in effect at the time of entering into this Memorandum of Agreement. The complete impact of the State of Indiana's Circuit Breaker law on the City's property tax revenues is unknown at this time. To assure that the City receives the projected amount of property tax revenues, which amount was calculated at the time of granting the tax abatement for the Applicant, the parties to this Memorandum of Agreement agree to adjust the length of the abatement and /or the percentage of deduction if the tax revenues due under the Circuit Breaker Law are less than what was initially projected and represented to the Common Council, as evidenced by the supporting documentation submitted to the Council with the Applicant's tax abatement petition. However, in no case will the adjustments cause the property taxes to be paid to exceed the tax payments as initially projected and represented to the Common Council by the aforementioned supporting documentation. Memorandum of Agreement Page 2 of 6 3. Applicant's Compliance with City and State Laws. During the term of the abatement, the Applicant shall comply with Chapter 2, Article 6 of the South Bend Municipal Code entitled "Tax Abatement Procedures" and all governing provisions of the Indiana Code. During the term of this abatement, the City may annually request information from the Applicant concerning the nature of the Project, the approved capital expenditure of the Project, the number of full -time permanent positions newly created by the Project, and the average wage rates and salaries (excluding benefits & overtime) associated with the positions, and the Applicant shall provide the City with adequate written evidence thereof within 15 days of such request (the "Annual Survey "). The City shall utilize this information and the information required to be tiled by the Applicant in the CF -1 Compliance with the Statement of Benefits form to verify that the Applicant has complied with the commitments contained in the Commitments at all times after the Commitment Date and during the duration of the abatement. The Applicant further agrees to provide the City with such additional information requested by the City related to the information provided in the Annual Survey and the CF -1 form within a reasonable time following any such additional request. 4. Substantial Compliance and Rights of Termination. The City, by and through the SBCC, reserves the right to terminate the Economic Revitalization Area designation and associated property tax abatement deductions if it determines that the Applicant has not made reasonable efforts to substantially comply with all the Commitments, and the Applicant's failure to substantially comply with the Commitments was not due to factors beyond its reasonable control. As used in this Agreement, "substantial compliance" shall mean the Applicant's compliance with the following: (a) making capital expenditures of not less than Fifteen million Six Hundred Thousand Dollars ($15,600,000) over a two year period for several pieces of turning, gear cutting and gear finishing equipment as well as robots and automation equipment; and (b) the creation of not less than twelve (12) new, permanent full -time jobs by February 15, 2012, with an annual payroll estimated at $550,000 and fourteen (14) additional new, permanent full -time jobs with an annual payroll estimated at $641,000 by February 13, 2013. 5. Factors Beyond Control. As used in this Agreement, factors beyond the control of the Applicant shall only include factors not reasonably foreseeable at the time of designation application and submission of Statement of Benefits which are not caused by any act or omission Memorandum of Agreement Page 3 of 6 of the Applicant and which materially and adversely affect the ability of the Applicant to substantially comply with this Agreement. 6. Repayment of Tax Abatement Savings. If at any time during the term of this Agreement the Applicant shall: (i) be delinquent or in default with respect to any tax payment in St. Joseph County, Indiana; or (ii) cease operations at the facility for which the tax abatement was granted; or (iii) announce the cessation of operations at such facility, then the City may immediately terminate the Economic Revitalization Area designation and associated tax abatement deductions, and upon such termination, require Applicant to repay all of the tax abatement savings received through the date of such termination. 7. Notice/Hearing of Termination. In the event that the City determines that the Economic Revitalization Area designation and associated tax abatement deductions should be terminated or that all or a portion of the tax abatement savings should be repaid, it will give the Applicant notice of such determination, including a written statement calculating the amount due from the Applicant, and will provide the Applicant with an opportunity to meet with the City's designated representatives to show cause why the abatement should not be terminated and /or the tax savings repaid, Such notice shall state the names of the person with whom the Applicant may meet and will provide that the Applicant shall have thirty days from the date of such notice to arrange such meeting and to provide its evidence concerning why the abatement termination and /or tax savings repayment should not occur. If, after giving such notice and receiving such evidence, if any, the City determines that the abatement termination and /or the tax repayment action is proper, the Applicant shall be provided with written notice and a hearing before the SBCC before any final action shall be taken terminating the abatement and /or requiring repayment of tax benefits. The Applicant shall be entitled to appeal that determination to a St. Joseph County Superior or Circuit Court. 8. Repayment. In the event the City requires repayment of the tax abatement savings as provided hereunder, it shall provide Applicant with a written statement calculating the amount due (Statement), and Applicant shall make such repayment to the City within 30 days of the date of the Statement. If the Applicant does not make timely repayment, the City shall be entitled to all reasonable costs and attorneys' fees incurred in the enforcement and collection of the tax abatement savings required to be repaid hereunder. Memorandum of Agreement Page 4 of 6 9. Modification /Entire Agreement. This Agreement and the schedules attached hereto contain the entire understanding between the City and the Applicant with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, inducements, and conditions, expressed or implied, oral or written, except as herein contained. This Agreement may not be modified or amended other than by an agreement in writing signed by the City and the Applicant. The Applicant understands that any and all filings required to be made or actions required to be taken to initiate or maintain the abatement are solely the responsibility of the Applicant. 10. Waivers. Neither the failure nor any delay on the part of the City to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege with respect to any occurrence or be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. 11. Governing Laws of Indiana. This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by the laws and decisions of the courts of the State of Indiana. 12. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the jurisdiction of the Courts of the State of Indiana and of the St. Joseph County Circuit or Superior Court in connection with any action or proceeding arising out of or relating to this Agreement or any documents or instrument delivered with respect to any of the obligations hereunder, and any action related to this Agreement shall be brought in such County and in such Court. 13. Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been received when delivered by hand or by facsimile (with confirmation by registered or certified mail) or on the third business day following the mailing, by registered or certified mail, postage prepaid, return receipt requested, thereof, addressed as set forth below: Memorandum of Agreement Page 5 of 6 If to 4r. Stan Blenke /o Schafer Gear Works, Inc. 701 Nimtz Parkway outh Bend, IN 46628 If to the City: City of South Bend, India7of T 1200 County City Buildin South Bend, Indiana 4660 ttn: Robert Mathia, OfficCommunity & Economic 14. Assignment and Transfer Prohibited. This Agreement shall be binding upon and inure to the benefit of the City and the Applicant and their successors and assigns, except that no party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party hereto, in which consent shall not be unreasonably withheld. 15. Valid and Binding Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. By executing this Agreement, each person so executing affirms that he has been duly authorized to execute this Agreement on behalf of such party and that this Agreement constitutes a valid and binding obligation of the party. 16. Severability. The provisions of this Agreement and of each section or other subdivision herein are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part unless this Agreement is rendered totally unenforceable thereby. 17. No Personal Liability. No official, director, officer, employee or agent of the City shall be charged personally by the Applicant, its employees or agents with any liabilities or expenses of defense or be held personally liable to the Applicant under any term or provision of this Agreement or because of the execution by such party of this Agreement or because of any default by such party hereunder. [Remainder of page intentionally blank.l Memorandum of Agreement Page 6 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. R Bend Gear, LLC Mr. Stan )proved as to Legal Adequacy and Form s _91/ _ day of FEa VARX, 2011. Cekanski - Farrand South Bend Common Council for Applicant. SBDS02 RID 326640,1 of Nuth Bend, India DerePYDjieter� President, South Bend Common Council Timothy A. Ro"gse Chairpersori; Community & Economic Development Committee ✓y 6� ���f��ifF� Robert Mathia Office of Community & Economic Development Stephen J. Mayor RESOLUTION NO A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ON BEHALF OF THE ST. JOSEPH COUNTY BROWNFIELD ASSESSMENT COALITION FOR A BROWNFIELD ASSESSMENT GRANT WHEREAS, the United States Environmental Protection Agency has financial assistance for brownfield revitalization including grants for site assessments; and WHEREAS, St Joseph County, the City of South Bend, and the City of Mishawaka intend to form the St Joseph County Brownfield Assessment Coalition ( "Coalition "), and the Coalition intends to request a $600,000 Assessment Grant in order to establish a county wide Brownfields Assessment Program; and WHEREAS, the City of South Bend would serve as the lead agency for submitting the application and administering any grant funds that are awarded to the Coalition; and WHEREAS, the Mayor is the Chief Executive Officer of the City of South Bend, and is the appropriate applicant for the Environmental Protection Agency Brownfield Assessment Grant. NOW THEREFORE BE IT RESOLVED by the Common Council of the City of South Bend Indiana as follows: SECTION 1. That the Mayor of the City of South Bend Indiana is hereby authorized to apply to the United States Environmental Protection Agency for a $600,000 Assessment Grant and to execute all documents related to any grant awarded on behalf of the St Joseph County Brownfield Assessment Coalition in which the City of South Bend, the City of Mishawaka, and St Joseph County are participants. SECTION II. That the Mayor of the City of South Bend Indiana shall file with the Common Council a complete copy of the application submitted to the United States Environmental Protection Agency. SECTION 111. That for every activity, projector program to be funded under this Resolution the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any funds received from the United States Environmental Protection Agency. SECTION IV. That the City of South Bend Department of Community Investment is hereby designated as the agency and office administering on behalf of the St Joseph County Brownfield Assessment Coalition the Brownfield Assessment Grant awarded under this application. SECTION V. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED NOT RPPRO'Js: ACOpTri�> Member of the Common Council -'Hed in C er-1 ' s 20 IA i CITY CUM, - SOU'rH FJENQ i,N- 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 January 8, 2014 Mr. Oliver Davis CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR President, South Bend Common Council 4`" Floor County City Building South Bend IN 46601 PHONE: 574/235 -9371 FAx:574/235 -9021 Re: A Resolution Of The Common Council Of The City Of South Bend, Indiana, Authorizing The Submission Of An Application To The United States Environmental Protection Agency On Behalf Of The St. Joseph County Brownfield Assessment Coalition Dear President Davis: A resolution is attached for consideration and approval by the South Bend Common Council. It authorizes submission of a grant application to the United States Environmental Protection Agency (EPA) on behalf of the St Joseph County Brownfield Assessment Coalition. The City of South Bend will serve as the lead agency for this Coalition which will be made up of the City of South Bend, the City of Mishawaka, and St Joseph County. If the grant application is approved by the EPA, we will return to the Council for the coalition to be formalized. On behalf of the Coalition, we intend to submit an application for a $600,000 Assessment Grant that will fund environmental assessments within St Joseph County. The Coalition members plan to use a portion of the grant to prepare a new inventory of brownfeld sites within the three jurisdictions of the Coalition. The grant application is due to the EPA by January 22, 2014. I plan to attend all Council meetings to present this resolution. If you should have any questions, please contact me at 235 - 5847. Sincerely / 14 D Christoph . Dressel Associate — Planning CC: file / Enc PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB . &�,�1 P0. 1-1-0ff RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE INDIANA GENERAL ASSEMBLY TO REJECT THE PROPOSED STATE CONSTITUTUIONAL AMENDMENT PERMANENTLY DEFINING MARRIAGE the South Bend Common Council notes that in 2011, the Indiana General Assembly adopted House Joint Resolution No. 6 ( "HJR 6 "), which would add a new Section 38 to Article I of the Indiana Constitution, which would read as follows: "Section 38. Only a marriage between one (1) man and one (1) woman shall be valid or recognized as a marriage in Indiana. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized"; and 91tCP=4 in order to become effective, HJR 6 must be voted on again and have identical language passed by the 2014 General Assembly, and then ratified by a majority of those voting on the question during the November 2014 General Election; and if passed by popular vote, it would be added to the Indiana Constitution; and 60%;=; it should be noted that Indiana Code § 31- 11- 1 -1(a) already provides that, "Only a female may marry a male. Only a male may many a female"; and was upheld against a state constitutional challenge in Morrison v. Sadler, 821 N.E. 2d 15 (Ind. Ct. App. 2005); and OXACz4 on August 21, 2013, a coalition of Indiana businesses and groups announced the formation of Freedom Indiana, a bi- partisan statewide organization, including two (2) of Indiana's largest employers, Eli Lilly and Company and Cummins, Inc. who oppose HJR 6; and Ww; a several legislative bodies have adopted resolutions voicing their opposition to HJR 6 including but not limited to the Indianapolis City -County Council adopting a Resolution by a 22 -6 vote on November 10, 2013; Evansville New Albany Common Council adopting a resolution on November 21, 2013; Common Council adopting Resolution No. C -2013 on December 9, 2013; Bloomington Common Council adopting Resolution No. 13 -15 on December 4, 2013; and as of January 1, 2014 eleven (11) Indiana Mayors have publicly voiced their opposition to HJR -6 who are the administrative leaders of Angola, Anderson, Bloomington, Carmel, Fort Wayne, Hammond, Indianapolis, Kokomo, South Bend, Valparaiso, and West Lafayette; and mss, South Bend Mayor Pete Buttigieg has publicly stated that "Indiana's constitution exists in order to protect rights and freedoms, not take them away. Our state must be welcoming and respectful of all individuals, or we will be left behind. Changing the constitution in order to deny certain protections to some Hoosier families would send the exact wrong message as we work to grow and develop a competitive economy in cities like South Bend."; and Resolution Addressing HHR -6 Page 2 a majority of the legislative branch of the City of South Bend believe that HJR -6 is not good for the business of hidiana or for the families of Indiana, as noted in a recent poll conducted by Ball State University showing that 58% of Indiana residents oppose the proposed constitutional amendment, and that in addition to the actions of the mayors and council noted to date that educational institutions such as Indiana University, Purdue University, Ball State University, Butler University and DePaul University have expressed their opposition; and Q/Maea6, recruiting and retaining the younger generation workforce must include recognition and respect for those in same -sex unions, but HJR 6 sends precisely the opposite message; and , on June 26, 2013, the United States Supreme Court ruled that Section 3 of the federal Defense of Marriage Act, which denied federal recognition of the marriage of same -sex couples who were legally marred under state law, was unconstitutional; and 4 it should be further noted that Indiana University, DePauw University, Wabash College, Ball State University, Butler University, the University of Evansville, University of Indianapolis and Indiana State University have declared that HJR -6 would be a conflict in policies against harassment and discrimination; and a recent study by students at the Indiana University Maurer School of Law found more than 600 rights and obligations related to marriage that could be permanently denied under HJR 6. Section I. The majority of the Common Council of the City of South Bend, Indiana, urges the 2014 Indiana General Assembly to vote against HJR 6. Section II. The South Bend Common Council directs the City Clerk o to distribute copies of this Resolution to Indiana Governor Mike Pence and to all members of the Indiana General Assembly who have entails of public record. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Council Member Ti Cott, 1s' District South Bend Common Council V7M John Voorde, City Clerk PRESENTED NOT APPROVEO . VTrn Pete Buttigieg, Mayor of South Bend Filed 1Pt 61e7r" 9 &ff1Ce 5ourxe�, oti ���l�;�li,�� „'►o ;,,� City of South Bend d CE Common Council 1865 441 County -City Building . 227W. Jefferson Blvd South Bend, Indiana 466014830 Derek D. Dieter President Oliver J. Davis Vice - President Karen L. White Chairperson, Committee of the Whole January 8, 2014 Members of the Common Council 4`h Floor County -City Building South Bend, Indiana 46601 Re: Resolution in Opposition to HJR -6 (574) 235 -9321 Fax (574) 235 -9173 httP://www.southbendin.gov Tim Scott Dear Council Members: First District I have been contacted by individuals requesting the Common Council to provide an Henry Davis, Jr. opportunity to voice their concerns on House Joint Resolution No.6 which would add a Second District new Section 38 to Article 1 of the Indiana Constitution defining marriage. Valerie Third District The proposed Resolution sets forth some of the background information on this measure, since the Indiana General Assembly initially adopted HJR -6 in 2011. Fred Ferlic Fourth District Additional data presented indicates that many individuals, businesses, faith leaders, human rights and community organizations have presented information with regard to David Varner potential discriminatory effects and potential negative impacts on economic growth and Fifth District development. Oliver J. Davis A public hearing on this proposed Resolution for next Monday, January 13, 2014, will Sixth District provide an opportunity for voices to be heard on this matter. Thank you. Derek D. Dieter Sincerely, At Large t Gavin Ferlic `Council Meml2er`Prr11 Soott� At Large South Bend Common Council Karen L. White Attachment At Large LLIle d Ira e t , •, ^.— rere` {;~, S J j . .................- f i CiTyCI 5£ee,:yvl3tld $11J,IN 1 �. m 00,0L11- 11 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE FIXED SUM OF $150,000.00 PLUS UP TO AN ADDITIONAL $125,000.00 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND #408 FORCAPITAL OBLIGATIONS PURSUANT TO AGREEMENT WITH THE POTAWATOMI ZOOLOGICAL SOCIETY STATEMENT OF PURPOSE AND INTENT The City of South Bend through its Board of Park Commissioners entered into a Lease and Management Agreement (the Agreement) with the Potawatomi Zoological Society (PZS), effective January 1, 2014, by which the City granted to PZS all rights to manage and operate the Potawatomi Zoo for a period of five years. Among the obligations of the City of South Bend pursuant to the Agreement at Section 6.4 is to pay to PZS in calendar year 2014 the fixed, initial sum of One Hundred Fifty Thousand Dollars ($150,000) for capital improvements to the Potawatomi Zoo Premises. Additionally, at Section 6.5 of the Agreement, the City has agreed to share with PZS the cost to resurface and/or strip the existing parking lot and create an additional parking area in 2014 for the benefit of Zoo visitors as well as Potawatomi Park visitors. The net City share of the cost is Seventy Five Thousand Dollars ($75,000. Because the City's financial obligation to the PZS under the Agreement was unknown when the City's 2014 Budget was approved, it is necessary at this time to appropriate the necessary capital funds for payment to PZS, and for parking lot improvement costs in 2014 per the terms of the Agreement. This ordinance accomplishes that purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The sum of One Hundred Fifty Thousand Dollars ($150,000) be and hereby is appropriated from and set aside within Economic Development Income Tax (EDIT) Fund #408 for the purpose of payment to the Potawatomi Zoological Society (PZS) in calendar year 2014 for capital improvements to the Potawatomi Zoo premises pursuant to the terms and obligations of the Board of Park Commissioners' Lease and Management Agreement (the Agreement) with PZS. SECTION II. The additional sum of up to One Hundred Twenty Five Thousand Dollars ($125,000) be and hereby is appropriated from and set aside within Economic Development Income Tax (EDIT) Fund #408 for the purpose of improvements to and new surface of the parking lot in Potawatomi Park pursuant to the terms of the Agreement with PZS. The City shall pay all costs and expenses to complete the parking lot improvements and then shall seek reimbursement from PZS for its share of costs not to exceed Fifty Thousand Dollars ($50,000). SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. No" -T 0 ... 1 at---,- Member of the Common ouncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2014, at o'clock M. City Clerk Approved and signed by me on the day of , 2014, at o'clock m. i UAW ( -13 -1 Y PULUC ti -LA LNG 3 rd READGNG NOT APPROVED REFERRED PASSED Mayor, City of South Bend cued ffi clerk's 0fno «Aid 672 :14 R .lCoH•3! VOORDE R CITY CLERk, SOUTH SEND, IN 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.9216 FAx 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF' ADMINISTRATION AND FINANCE January 8, 2014 Mr. Oliver J. Davis, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4`" Floor South Bend, Indiana 46601 RE: 2014 Potawatomi Zoo Appropriation Ordinance Dear President Davis, The City of South through its Board of Parks Commissioners entered into a Lease and Management Agreement with the Potawatomi Zoological Society (PZS) effective January 1, 2014. Among the requirements in the agreement is that the City has agreed to make a one -time initial capital contribution of $150,000 to the PZS. In addition, the City has agreed to make parking lot improvements in an amount not -to- exceed $125,000, with $50,000 reimbursed to the City by the PZS Mark Neal and I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 15` reading on January 13, 2014 with 2nd reading, public hearing and 3rd reading scheduled for January 27, 2014. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7678. Regards, J46 H. Murphy City Controller CC: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff Mark W. Neal Christal Brisco, Corporation Counsel Filed in Cferk'e Os£ic 7CL4M YDORD E CIT, OUTH BEND, IN 0 e;m or) - �z � ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING A NOT -TO- EXCEED SUM OF $900,000.00 WITHIN PARKS AND RECREATION GENERAL FUND #201, FROM PERSONNEL COSTS INTO OTHER PROFESSIONAL SERVICES, AND APPROPRIATING SAID MONIES TO SATISFY CONTRACTUAL OBLIGATION TO THE POTAWATOMI ZOOLOGICAL SOCIETY STATEMENT OF PURPOSE AND INTENT The City of South Bend through its Board of Park Commissioners entered into a Lease and Management Agreement (the Agreement) with the Potawatomi Zoological Society (PZS), effective January 1, 2014, by which the City granted to PZS all rights to manage and operate the Potawatomi Zoo for a period of five years. Among the obligations of the City of South Bend pursuant to the Agreement is to pay to PZS in calendar year 2014 a total contribution of $900,000.00, payable in two equal installments, the first on January 15, 2014, and the second on June 1, 2014. The City is entitled to certain credits from its annual contribution which will reduce the payment due on June 1, 2014. The amount of the contribution due June 1, 2014 will be reduced by personnel costs paid to Loaned employees who remain on the City of South Bend payroll. Because the City's financial obligation to the PZS under the Agreement was unknown when the City's 2014 Budget was approved, it is necessary at this time to transfer a not -to- exceed sum of $900,000 in monies which were originally designated as Personnel Costs within Parks and Recreation Fund #201 to Other Professional Services within Fund #201 and appropriate them for payment to PZS per the terms of the Agreement. This ordinance accomplishes that purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The not -to- exceed sum of Nine Hundred Thousand Dollars ($900,000) be and hereby is transferred within Parks and Recreation Fund #201, from Personnel Costs to Other Professional Services, and it is further appropriated and set aside therein for purpose of payment to the Potawatomi Zoological Society (PZS) in calendar year 2014 pursuant to the terms and obligations of the Board of Park Commissioners' Lease and Management Agreement with PZS. 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. Attest: City Clerk Member of the Common 96uncil Presented by me to the Mayor of the City of South Bend, Indiana on the —day of 2014, at —o'clock M. City Clerk Approved and signed by me on the _day of _, 2014, at o'clock —m. READING I--Q -1 Y PUBLIC HEAPING 3 rd READING HOT APPROVER REFEPPED PASSED Mayor, City of South Bend J0104 VV WDE MY CURK, SGUYN BEND, IN 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.9216 FAx 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE January 8, 2014 Mr. Oliver J. Davis, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: 2014 Potawatomi Zoo Budget Transfer Ordinance Dear President Davis, The City of South through its Board of Parks Commissioners entered into a Lease and Management Agreement with the Potawatomi Zoological Society (PZS) effective January 1, 2014. Among the requirements in the agreement is that the City has agreed to make a contribution of $900,000 to the PZS during 2014, payable in two installments, the first on January 15, 2014 and the second on June 1, 2014. The contribution on June 1, 2014 will be reduced by personnel costs paid by the City for Loaned employees who have remained on the City payroll. The purpose of this ordinance is to transfer up to $900,000 in the Parks & Recreation Fund 201 budget from personnel costs to other professional services to pay for this 2014 annual contribution to the PZS. Mark Neal and I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for I" reading on January 13, 2014 with 2 "d reading, public hearing and 3`d reading scheduled for January 27, 2014. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7678. Regards, JUn H. Murphy City Controller ='fled in Clerk's eic, CITY CC: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff Mark W. Neal Christal Brisco, Corporation Counsel 6-0 poi D3 -(`f ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1912, 1918 AND 1924 EDISON ROAD, SOUTH BEND, INDIANA 46617 COUNCILMANIC DISTRICT NOA IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from "SF1" Single Family District to "OB" Office Buffer District to allow the consolidation of the property of either side of the current building for the existing dental office. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. 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: Lot numbered Fifteen (15), Lot Numbered Sixteen (16) and Lot Numbered Seventeen (17) in Wooded Estates, a subdivision now within and a part of the City of South Bend as per plat hereof recorded September 27, 1946 in Plat Book 16, page W in the office of the Recorder of St. Joseph county, Indiana. be and the same is hereby established as "OB" Office Buffer District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Attest: City Clerk IJ('U' Z(- Otow ( 4,1— Member of the Common Co4KciI ? °l and VJw'Vil (.`'CV Lo i... ...•.. •t.r: OBI Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . M. Deputy City Clerk Approved and signed by me on the at o'clock . M. Mayor, City of South Bend, Indiana I st PTADiNG H3-1 I PUBLIC HEAMNG 3 rd READING NOT APPROVED REFERRED PASSED day of 2 Filed in cf9ah's 641CC, i fi ! JOHN YOCRIDE CITY CLERK, SOUTH BEIJD, IN PETITION FOR A COMBINED HEARING City of South Bend Indiana I the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance, to grant a Special Exception Use as herein requested and to the Area Plan Commission to grant the following variances: 1) The subject property is located at: 1912, 1918 & 1924 Edison Road, South Bend, Indiana 46617 2) The property Tax Key Numbers are: 018 -5148 -5538 018 -5148 -5539 018 -5148 -5540 3) Name and address of property owner of the petition site: PA Sergio Properties, LLC CIO Paul Sergio 1918 Edison Road South Bend, Indiana 46617 1 -574- 287 -8900 4) Name and address of contingent purchaser, if applicable: N/A 5) It is desired and requested that this property be rezoned: From: "SF -1" Single Family District To: "OB" Office Buffer District 6) This rezoning is requested to allow the following uses: The expansion of the Dentist Office with the expansion of parking lot to accommodate his increasing cliental. 7) If applicable, a detailed description and the purpose of the variances being requested: The requested variances are to allow, by the individual requests, the expansion of the Dentist Office and the accommodation of the cliental parking area - from the required 8' side yard setbacks for lots 15A, 16A and the east line of lot 17; and from the required minimum 15' side yard residential bufferyard for the west line of lot 17 to a 1' side yard setback for the east line of 15a, to 0' for the west line of lot 15A and both the east and west lines of lot 16A and 0' for the east line of lot 17 and F for the west line of lot 17; - from the required 15' rear yard residential bufferyard for lots 15A, 16A and 17 to a 5' rear yard residential bufferyard for lots 15A, 16A and 17; - from the required 1 parking island to 0 parking islands; - from the required 24' drive aisle to 23.6' for the parking spaces on lot 17; - from the required rear residential bufferyard parking screening to allow the existing 6' vinyl fence to remain on lots 15A and 16A and to be extended across the rear yard of lot 17; - from the required type B landscaping for the front yards of lots 15A, 16A and 17 to type a landscaping; - from the required side residential bufferyard screening for the west line of lot 17 to allow the proposed 6' fence and partial type a landscape screening as shown on the site plan; 8) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: As no request being made is of any purpose other than to expand said Dentist Office and increase the parking lot. (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: as any screening variances requested are still being affectively screened by a 6 foot high fence line. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: as the client will not be able to accommodate the growth of his Dentist Office without the expansion of said office and parking lot. 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. See attached site plan. 10) If applicable, a detailed description and purpose of the Special Exception Use being requested: The purpose of the special exception is to allow the expansion of Dentist Office and parking lot while simultaneously still allowing the existing residences to remain. - to allow off site parking for lot 16A by allowing the proposed parking lots on lots 15A and 17; - to allow the residential use and houses to remain on lots 15A and 17. 11) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: as no request being made is of any purpose other than the expansion of dentist Office and to increase the parking lot. (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: as any screening variances requested are still being affectively screened by a 6' high fence line. (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: allow not only the existing residences to remain, but also allow the expansion of said office and parking lot for the growing cliental (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. As no property line encroachments exist or are proposed 12) In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission, 14) Attached, and made a part of this PETITION, is: (a) 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; (b) 17 site plans; and (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: Lang, Feeney & Associates, Inc. CIO J. Bernard Feeney 715 South Michigan Street South Bend, Indiana 46601 1 -574- 233 -1841 JBF715@AOL.Com PA Sergio Properties, LtC CIO Paul Sergio --'lied in Clerk's O iF',; F 0.AN " v 2014 J014t' CITY CLERK, 3 Mi, s:END, 4t -, 018 - 5148 - 5544,5545 & 5546 018 -5148 -5567 018 -5148 -5566 Vernon C. & Lulu B. linback Ayman & Hunada Alkattan Aurora A. Anderson 1356 Oak Ridge Maria A. Anderson 53247 Skylark Ct. 2010 Oak Park Drive South Bend, IN. 46617 South Bend, IN. 46635 South Bend, IN. 46617 018 - 5148 - 5541,5542 & 5543 Kevin C: Dreyer Cynthia Dieckgrafe 1905 Dorwood South Bend, IN. 46617 018 -5148 -5574 Jordan, John & Nicole lea Pinjuv 1508 Campbell Drive Las Vegas, NV. 89102 018 -5148 -5571 Kristi L. Donaldson 1910 Peachtree Lane South Bend, IN. 46617 024- 1008 -0630 John F. Muldoon 1903 E. Edison Road South Bend, IN. 46637 018 -5148 -5568 James A. & Margaret A. Pinter 1323 Rosemary Lane South Bend, IN. 46617 018 -5148 -5549 Douglas R. & Grace V: McBeth 1817 Oak Park Drive South Bend, IN. 46617 018 -5148 -5552 & 5553 Elaine L. Winter 1911 Oak Park PI. South Bend, IN. 46617 018 -5148 -5557 & 5558 Jamie Lee & Danielle Marshman 2009 Oak Park Drive South Bend, IN. 46617 024 - 1008 -062427 Richard E. Jansen Jr. Carlanne Jansen 2826 E. Winchcomb Drive Phoenix, AZ. 85032 018.5148 -5537 John W. & Catherine M. Davenport 1930 E. Edison Road South Bend, IN. 46617 018 -5148 -5573 Ronald J. Paul 1826 Oak Park Drive South Bend, IN. 46617 018 -5148 -5570 Melissa J. & Marc A. Rightley 1916 E. Oak Park Drive South Bend, IN. 46617 024 - 1008 -0631 Eric S. & Kathleen Marshall PO Box 6545 South Bend, IN. 46660 018 -5148 -5575 Richard J. & Elora Oosterhoff 1814 Oak Park Drive South Bend, IN. 46617 018 -5148 -5550 Michael R. & Megan A. 1823 Oak Park Drive South Bend, IN. 46617 018 -5148 -5554 David M. Qualls Jr. 1921 Oak Park Drive South Bend, IN. 46617 018 -5148 -5534 Anthony M. Zappia 52582 SR 933 North South Bend, IN. 46637 018 -5148 -5572 Patricia A. Loghry 1904 Oak Park Drive South Bend, IN. 46617 018 -5148 -5569 Diana Wassenhove 1992 Oak Park Drive South Bend, IN. 46617 024 - 1001 - 040601 Village Terre Limited Partnership % Portage Realty PO Box 4017 South Bend, IN. 46634 018 -5148 -5547 Christopher & Allison H. Nanni 1346 Oak Ridge Drive South Bend, IN. 46617 018 -5148 -5551 Wright Nicholas & Tracy Molnar 19047 Orchard Heights Drive South Bend, IN. 46614 018 -5148 -5548 Daniel Norman & Doris J. Nespo 1340 Oak Ridge Drive South Bend, IN. 46617 024 - 1008 -062428 John H. & Deanna M. Fuller John H. Fuller Jr. 1507 Timberlane Glenwood, IA. 151534 018 -5148 -5555 Andrea Kollars 1927 Oak Park Drive South Bend, IN. 46617 024 - 1008 -0641 Joseph Patrick Varga 1415 Rosemary Lane South Bend, IN. 46637 024 - 1008 -062429 Kimberly I Hauflaire Joann T Donovan Life Estate 1433 Oak Hill Drive Unit F -2 South Bend, IN. 46637 024 -1008- 062430 024- 1008 - 062431 024- 1008 -0643 ohn Ca Clark J Anthony J & Christie B De Nicola Andrea L James 2335 2A South Ocean Blvd. John Clark Sr. 214 Green Ridg e Road PO Box 6592 Palm Beach, FL. 33480 Franklin Lakes, NJ. 07417 South Bend, IN. 46660 024 - 1008 -0642 James R. & Diane M. Plunkett 1937 E. Edison Road South Bend, IN. 46637 018 - 5148 - 5536,:024- 1008 -0644 TGM Properties LLC 115 S. Main Street Suite 202 Mishawaka, IN, 46544 024 - 1008 -0632 David W & Amelia A Lutz 1424 Harrington Drive South Bend, IN. 46637 018 -5148 -5556 Joann Wyman 2003 Oak Park Drive South Bend, IN. 46617 024 - 1008 -0640 Pedro G. Robinet 1423. Rosemary Lane South Bend, IN. 46637 filed in Clerk °s ®flit, 7�`Z JONK, VCx3KDg" CITY CLERK, SOUTN BEND, IN Description Lot Numbered Fifteen (15) and Lot Numbered Seventeen (17) in Wooded Estates, a subdivision now within and a part of the City of South Bend as per plat thereof recorded September 27, 1946 in Plat Book 16, page W in the Office of the Recorder of St. Joseph County, Indiana. FIled in ClerWs Cuff!- `- Jour; crrr cLEAK, xau- f RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1502/1512 Michigan Street WHEREAS, Indiana Code Section 36 -74- 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 Area 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 Area 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: 1502/1512 Michigan Street in order to permit automobile sales and service in a "CB" District SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION HL The Common Council of the City of South Bend, Indiana, hereby fords 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 IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area 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. Member of the Common Council Filed €_, Itfice i iui3 FRESEN}'fU NO. CITYCLEW%, : ,&ENDJN AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 December 5, 2013 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception Luis A. Renteria - Morales 1502/1512 S. Michigan St, Dear Council Members: The above referenced petition of Luis A. Renteria - Morales was legally advertised on November 17, 2013. The Area Board of Zoning Appeals gave it apublic hearing on December 4, 2013, at which time the following action was taken: Upon a motion by Mr. Urbanski, being seconded by Mr. Young and by a 7 -0 vote, the petition for Special Exception to allow automobile sales and service in a "CB" District, on property located at 1502/1512 S. Michigan St., is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area 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. Sincerely, Charles C. Bulot, C.B.O. Building Commissioner CCB /cah PETITION OF LUIS RENTERIA- MORALES 150211512 S. MICHIGAN ST. SPECIAL USE AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PRPOSED SPECIAL USE WILL NOT BE INJURIUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WLFAFE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED SPECIAL USE 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 neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED SPECIAL USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: The conditions to this particular property does create an unusual and unnecessary hardship. 4. THE PROPOSED SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE ST. JOSEPH COUNTY COMPREHENSIVE PLAN BECAUSE: It Is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS or REVISIONS: DECISION IT 1S THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto the Roseland Town Council with a: FAVORABLE RECOMMENDATION ADOPTED this 4TH Day of DECEMBER, 2013. YES NO IT MICHAEL URBANSKI ❑O GERALD PHIPPS RANDALL MATTHYS 0 BRENDAN CRUMLISH O JOE VELLEMAN 0 JACK YOUNG 0 ROBERT HA WLEY PETITION City of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance, to grant a Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s): 1) The subject property is located at: 1502/1512 Michigan Avenue South Bend IN 46613 2) The property Tax Key Number(s) is/arc: 018- 7024 -0953 and 018.7024 -0953 3) Name and address of property owner(s) of the petition site: Luis A Renteria - Morales 4005 Ford Street South Bend IN 46619 4) Name and address of contingent purchaser(s), if applicable: None 5) It is desired and requested that this property be rezoned: To allow automobile sales and service in a "CB" District 6) This rezoning is requested to allow the following use(s): Automobile Sales & Service 7) If applicable, a detailed description and purpose of the Special Exception(s) being requested: Seeking a Special Exception to allow automobile sales and service in a "CB" District would allow Mr. Renteria- Morales the opportunity to convert the existing structure into a Used Automobile dealership. 8) ) A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed CB Community Business District — Automobile Sales & Service will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare because it will allow the vacated building to be converted into a profitable business. (b) The proposed CB Community Business District — Automobile Sales & Service will not injure or adversely affect the use of the adjacent area or property values therein because the look and use of the property will be revitalized. Before it had an abandoned building on it and now it will have the expansion of a thriving business in its place. (c) The proposed CB Community Business District — Automobile Sales & Service will be consistent with the character of the district in which it is located and the land uses authorized therein; and provide another business to open in South Bend. (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan 9) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 10) . If, applicable, a detailed description and the purpose of the variance(s) being requested: Variance #1 to increase the fence height from 4' to 10' on the North side of the property and 6' to 10' on the East and South side of property. Variance #2 to change the Type B landscaping on the East and South side of the property to a privacy fence. Variance #3 to decrease the 15' parking setback on the North, West and South side of the property to 0'. Variance #4 to decrease the 20' rear residential bufferyard on the East and South to 0' for parking. Variance #5 to change Type A landscaping on the North side of the property to none. To change these variances would allow the owner of 1502 /1512 Michigan Street to change the existing car wash structure into a Used Automobile dealership. 11) A statement on how each of the following standards for the granting of variances is met (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community because it will allow an vacant structure to be converted into a productive business that will deter crimes such as loitering, vandalism, theft, etc. from happening on this site. (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and possible increase the values as the property will not be vacant. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property because the property would not be able to be developed as the owner would like. 12) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 13) Applications for subdivisions shall be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property (b) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (c) 17 site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: Signature(s) of All Properly owner(s) or signature of Attorney for all property Owner(s): Luis A Renteria- Morales 4005 Ford Street South Bend, IN 46619 (574) 274 -8581 CONTACT PERSON: (if different) LEGAL DESCRIPTION Lot 10& 11 Haneys Add 10& 11 Lot 12 Haneys Add 12 N%° 4° � © \� \ . o- /\ \/ / ®� ) \t WIT WIT // N%° 4° � © \� \ . nm�fag Fib tip 4 Y � 4 r }F J' _a h� ¢� - - ,9b X - �- �! a:og�= z- x —x —x —x t V -1 I .33 - PARCELID 018- 8005.0274 018 - 8005 -0273 018- 8008 -0388 018 - 8008 -0390 018 - 7031 -1188 018- 7026 -1050 018 - 7024 -0975 018 - 7024 -0955 018- 8005 -0270 018- 7024 -0949 018- 7024 -0948 018- 7024 -0947 018 - 7024.0945 018 - 8005 -0263 PARCELSTAT 71.08- 13 -156- 016.000 -026 71- 08- 13 -156- 015.000 -026 71- 08- 13 -305- 005.000 -026 71- 08- 13 -305- 006.000 -026 71- 08- 13 -326- 001.000 -026 71- 08- 13.177- 001.000 -026 71- 08- 13 -180- 004.000 -026 71- 08- 13 -180- 002.000 -026 71- 08- 13 -156- 028.000 -026 71- 08- 13 -180- 009.000 -026 71- 08- 13 -180- 010.000 -026 71- 08- 13 -180- 011.000 -026 71- 08- 13 -180- 012.000 -026 71- 08- 13 -156- 012.000 -026 018 - 8005 -0267 71- 08- 13 -156- 025.000 -026 018 - 7031 -1189 71- 08- 13 -326- 003.000.026 018- 8005- 027802 71- 08- 13 -156- 030.000 -026 018- 7024 -0974 018- 7024 -0973 71- 08- 13 -180- 003.000 -026 71- 08- 13 -180- 014.000 -026 018- 7024 -0972 71- 08- 13 -180- NAME-1 MAILINGADD MAILINGCIT rA ' 1530 S Main St South Bend A.\� � CHRISTIAN 1530 S Main St South Bend CHURCH INTERNATIONAL INC DNM c/o Dorothy Medich South Bend PROPERTIES LLC D''`'' °' 135 E WOODSIDE South Bend P O Q,... %I�LC of w W ' �' - H 1617 Lake Meade Allen •' Dr Ift'' B 1402 S Michigan St South Bend M-S'N( - 1518 S Michigan St South Bend . & BEC� -" 5215 Redbud.Ln South Bend MJ;63 zwl, C I r , C. 1517 S Michigan St South Bend E_ 126 E. Haney South Bend 1vR"CY D�S� LOE"Z� -tr_ RAL 134 Haney South Bend Oi MI1,7911 136 E Haney South Bend M ft l& L `_. �CEIy1 -f KRONEWITTER 136 E Haney St South Bend MICHAEL? CHRISTIAN 1530 S Main St South Bend CHURCH INTERNATIONAL INC r c p s4�Y 1431 S Michigan South Bend W I}:. ``,_Cl741, —Y 1606 Michigan St South Bend CHRISTIAN 1530 S Main St South Bend CHURCH INTERNATIONAL INC *T.IJRGIOl 3019 S Michigan St South Bend r ROSALES 1518 S Michigan St South Bend ESTANISLADO & REBECCA TAN ` .DA NN 59267 South Bend Page I of MAILMAILINGZIF IN 46624 IN 46624 IN 46614 IN 46614 TX 75002 IN 46613 IN 46613 IN 46619 IN 46613 IN 46613 IN 46613 IN 46613 IN 46613 IN 46624 IN 46613 IN 46613 IN 46624 IN 46614 IN 46613 IN 46614 PARCELID PARCELSTAT NAME' 1 MAILINGADD MAILINGCIT MAILMAILINGZIF 015.000 -026 HOLLYWOOD BLVD 018 - 7024 -0971 71 -08 -13 -180- 137 E Indiana Ave South Bend IN 46613 016.00 0 -026 XGL 018- 7024 -0970 71 -08 -13- 180 -�H& 127EIndianaAv South Bend IN 46613 017.000 -026 018- 7024.0969 71.08 -13 -180- MOUNT CARMEL 133 -37 E Indiana South Bend IN 46613 018.000 -026 MISSIONARY Av AND BAPTIST CHURCH 018- 7024 -0967 71 -08 -13 -180- MOUNT CARMEL 133 -37 E Indiana South Bend IN 46613 019.000 -026 MISSIONARY Av AND BAPTIST CHURCH 018- 8005 -0262 71 -08 -13 -156- CHRISTIAN 1530 S Main St South Bend IN 46624 011.000 -026 CHURCH INTERNATIONAL INC 018 - 7024 -0953 71 -08 -13 -180- BECERRIL 5215 Redbud Ln South Bend IN 46619 001.000 -026 MIGUEL A 018 - 7026 -1060 71 -08 -13 -177- 09TRAM RRI' IG 1420 S Michigan St. South Bend IN 46613 004.000 -026 018 -8005 -0244 71 -08 -13 -156- r+ T; G & 1417 S Michigan St South Bend 022.000- 026 i&. g IN 46613 p141NG 018- 7031 - 118801 71 -08 -13- 326 -$a� & CO INC :. .= LE� 712 Indiana Ave South Bend IN 46613 002.000 -026 OkN 018 - 7031 -1187 71 -08 -13 -326- MOUNT CARMEL 137 E Indiana Ave South Bend IN 46613 009.000 -026 MISSIONARY BAPTIST CHURCH 018 - 7031 -1186 71 -08 -13 -326- LO &JOSEPH 122 E Indiana Av �. South Bend IN 46613 010.000 -026 P9 E0- M & �TIMO`CHYE 018- 7031 -1185 71 -08 -13 -326- CITYW SOUTH Rm 1308 South Bend IN 46601 011.000 -026 '` _ County- City ,B,�, Coun Ci a_..._... PNDIMkN ARD Building ;.OF,_,PUBLIC WORKS 018 -7031 -1184 71 -08 -13 -326- 7 ,110PERTY 201 Conroy Rd Sterrett AL 35147 012.000 -026 ?M:4NGEN[ENT 018 - 7024 -0976 71 -08 -13 -180- ROSALES 1518 S Michigan St South Bend IN 46613 005.000 -026 ESTANISLADO & REBECCA 018 -8005- 027801 71 -08 -13 -156- TNH 4iRE(i`©RY K 25268 U S 20 W South Bend IN 46628 031.000 -026 018 -8005 -0261 71 -08 -13 -156- CHRISTIAN 1530 S Main St South Bend IN 46624 010.000 -026 CHURCH INTERNATIONAL INC 018 -8005 -0268 71- 08 -13- 156 - - �ALLF-COMPANY 1431 S Michigan South Bend IN 46613 026.000 -026 PC" 018 - 7024 -0946 71 -08 -13 -180- KRONEWITTER 136 E Haney St South Bend IN 46613 013.000 -026 MICHAEL O & LEATRICE M Page 2 of 4 PAR CELID PARCELSTAT NAME_1 MAILINGADD MAILINGCIT MAILMAILINGZIF 018- 8005 -0269 71 -08 -13 -156- ELRO COMPANY 1431 S Michigan South Bend IN 46613 027.000 -026 LLC 018- 8005 -0272 71 -08 -13 -156- CHRISTIAN 1530 S Main St South Bend IN 46624 014.000 -026 CHURCH INTERNATIONAL INC 018 - 8005 -0276 71 -08 -13 -156- 1517 S Michigan St South Bend IN 46613 029.000 -026 018 - 8005 -0265 71- 08.13 -156- 013.000 -026 018 - 7024 -0952 71- 08- 13 -180- 006.000 -026 018- 7024 -0951 71- 08- 13 -180- 007.000 -026 018 - 7024 -0950 71- 08- 13 -180- 008.000 -026 018 -8005- 024601 71- 08- 13 -156- 024.000 -026 018 - 8005.0243 71- 08- 13 -156- 020.000 -026 018- 8005 -0260 71- 08- 13 -156- 009.000 -026 018 -8005- 024601 71- 08-13 -156- 024.000 -026 018- 7026 -1048 71- 08- 13 -177- 005.000 -026 018 - 7026 -1044 71- 08- 13 -177- 006.000 -026 018- 8005 -0245 71- 08- 13 -156- 023.000 -026 018- 7026 -1059 71- 08- 13 -177- 003.000 -026 018- 7026 -1057 71- 08- 13 -177- 011.000 -026 018- 7026 -1056 71- 08- 13 -177- 012.000 -026 018- 7026 -1055 71- 08- 13 -177- 2017 S. Scott St. South Bend " 13715 QUITO RD Saratoga e IT r (UM US 608 E South St South Bend V6,H-11 Y 122 E Haney St South Bend MIR " & P 0 Box 90 South Bend 11`;1. i `'""O-CO GOFF HEATING & 1417 S Michigan St South Bend AIR CONDITIONING & CO INC ST17.D�'$t 1426 S. Main St. South Bend L(D—M NO,S, `BEDG.CORP. TEPE ELMER H & P O Box 90 South Bend TEPE ROY I & DBA ELRO CO LIFE 1402 S Michigan St South Bend TREATMENT CENTERSINC CITYr Oji�S;OUTH 1300 City-County South Bend 'BH?II) „f Building GOFF HEATING & 1417 S Michigan St South Bend AIR CONDITIONING & CO INC PUL•Iv1$�i LICRAI6 1420 S Michigan St South Bend AM ” ``- ' L 119 E Haney South Bend 2 & LO VICTOR & Fi NSFER NOTES`! HINKLE 119 E Haney South Bend WILLIAM C & LOPEZ VICTOR & BARBARA SEE TRANSFER NOTES HINKLE 119 E Haney South Bend Page 3 of 4 IN 46613 CA 95070 IN 46601 IN 46613 IN 46624 IN 46613 IN 46613 IN 46624 IN 46613 IN 46601 IN 46613 IN 46613 IN 46613 IN 46613 IN 46613 Page 4 of 4 PARCELID PAR CELSTAT NAME_1 MAILINGADD M AILING CIT MAILMAILINGZIF 013.000 -026 WILLIAM C & LOPEZ VICTOR & BARBARA SEE TRANSFER NOTES 018- 7026 -1054 71 -08 -13 -177- J' =. ? ' -_ 1A 125 Haney South Bend IN 46613 014.000.026 AN- 018 - 7026 -1053 71 -08 -13 -177- 160 N Summit Dr South Bend IN 46619 015.000 -026 �CHUR C 018 - 7026 -1051 .71.08 -13 -177- SAINT LUKE 160 Summit Dr South Bend IN 46619 016.000 -026 MEMORIAL CHURCH INC 018 - 7026 -1058 71 -08 -13 -177- FULMER L CRAIG 1420 S Michigan St South Bend IN 46613 002.000 -026 018 -8005- 024301 71 -08 -13 -156- GOFF HEATING & 1417 S Michigan South Bend IN 46613 021.000 -026 AIR CONDITIONING CO Page 4 of 4 V 9ri JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD.. ROOM I I50 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571 November 25, 2013 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: Common Council Attn: Janice 4 °i Floor County City Building South Bend, IN 46601 The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday. December 4. 2013. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. 1. Petition of Wharf Partners, LLC. When the current ordinance was developed in 2004, special consideration was given to differentiate the area of the Central Business District west of the river from the area east of the river. A maximum height of 60' was established on the east side of the river to be consistent with the existing structures and character of properties, with taller buildings allowed west of the river. In 2008, the Redevelopment Commission, Area Plan Commission, and South Bend Common Council adopted the East Bank Village Plan, Phase One. The East Bank Village Plan identifies the preferred use for this property as high density mixed -use with illustrations showing a building more consistent with the height of the adjacent Stephenson Mill and Commerce Center buildings, reinforcing the idea of limiting the overall height of development along the East Bank. SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE. NEW CARLISLE. NORTH LIBERTY{ OS W W W. STIO S EP H C 0 U NT Y INDIANA. C ON f J L A.VIIO SE LA N(DU iu I 7. Petition of Burkhart Advertising, Inc. It is the staffs opinion that the petitioner has not illustrated a physical hardship on this particular parcel that the sign is located, that would result in practical difficulties in the use of the property. As stated in previous comments from staff on other petitions pertaining to digital signs (electronic message centers) and conversions of those signs to digital, the petitioner is on notice that, if and when the community addresses any changes to the off - premise sign requirements within the zoning ordinance, this billboard may be subject to those requirements, specifically to the luminance of the display. Special Exception / Special Use A special exception use /special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use be consistent with the character of the district in which it is locatgd.and- theiand-use.,i:_ thorized therein; (4� The proposed use_is com ible with the recommendations of the Comprehensive 8. Petition Luis A. Renteria - Morales. Based on information available prior toit4d Board meeting, the staff recommends that the special exception be sent to the Corr6n Council with a favorable recommendation. '9h taff recommends the eacSigriance be approved at a height of 8', and reminds the Boar n i ioner that..thefibnce may not be erected in the site triangle between Haney Street and the north /south alley. The staff recommends that the front setback and residential bufferyard variances be approved, with the exception of along Michigan Street on the west be approved to 5', and with stripped parking spaces at 9'x20' per space with a 24' drive aisle and one parking island perpendicular to Michigan at both entrances. (1) The proposed use will not be injurious to the public health, safety, comfort community moral standards, convenience or general welfare. The property was previously used as a car wash, an auto - oriented use. The proposed car sales is also an auto - oriented use. As a Special Exception, additional development standards can be imposed as part of the site plan in order to alleviate some of the concerns addressed by this standard. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed use is located along the Michigan Street south gateway. Existing uses include car rental, engine part store, and grocery store. The proposed use will not adversely affect the use of the adjacent area or property values. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA, & ROSELAND W WW.ST)OSEPHCO U N TY I NO I ANA, C ON