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HomeMy WebLinkAbout03-10-14 Council Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, MARCH 10, 2014 1. INVOCATION - CHAPLAIN TONY SLAGLE 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 7:00 P.M. 14 -20 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND HONORING WASHINGTON HIGH SCHOOL WRESTLER MICHAEL BATES FOR HIS ATHLETIC SKILLS AND DEDICATION IN REACHING THE 76TH ANNUAL STATE TOURNAMENT OF THE 2014 IHSAA WRESTLING STATE FINALS 6. REPORTS OF CITY OFFICES - DEPUTY MAYOR MARK NEAL 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 03 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED AT 1912, 1918 AND 1924 EDISON ROAD, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 13 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING SECTION II OF ORDINANCE 10192 -12, TO ADD THE CATEGORY OF POLICE DEPARTMENT RECRUIT, AND TO FIX RECRUIT ANNUAL PAY 15 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA (HILL AND COLFAX STREETS) 16 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA (LASALLE HOTEL) 8. BILLS, THIRD READING TIME: BILL NO. 03 -14 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED AT 1912, 1918 AND 1924 EDISON ROAD, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 13 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING SECTION II OF ORDINANCE 10192 -12, TO ADD THE CATEGORY OF POLICE DEPARTMENT RECRUIT, AND TO FIX RECRUIT ANNUAL PAY 15 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA (HILL AND COLFAX STREETS) 16 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA (LASALLE HOTEL) 9. RESOLUTIONS BTT.T, NO _ 14 -19 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 117 N MAIN ST. SOUTH BEND, INDIANA 14 -17 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3201 WEST CALVERT STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN - YEAR REAL PROPERTY TAX ABATEMENT FOR NOBLE AMERICAS SOUTH BEND ETHANOL LLC 14 -18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 237 NORTH MICHIGAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR GREAT LAKES CAPITAL DEVELOPMENT 14 -21 A RESOLUTION SUPPORTING THE FULL EXPANSION OF MEDICAID IN INDIANA THROUGH THE AFFORDABLE CARE ACT 14 -22 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND SUPPORTING THE RAISING OF FAIR MINIMUM WAGES AT THE FEDERAL, STATE AND LOCAL LEVELS 10. BILLS, FIRST READING BILL NO- 18-14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 38 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR LICENSING OPEN AIR BUSINESSES AND TO INCLUDE DONATION BOXES AND OTHER CONTAINERS DESIGNED TO ACCEPT OR TO DISTRIBUTE USED ITEMS 19 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2014 OF $106,684 FROM CENTURY CENTER CAPITAL FUND ( #671) 20 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2014 21 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2014 OF $41,919 FROM GENERAL FUND ( #101) , $17,100 FROM GIFT, DONATION, BEQUEST FUND ( #217), $240,500 FROM CENTRAL SERVICES FUND ( #222), $830,000 FROM EMS CAPITAL FUND ( #288), $138,060 FROM POLICE GRANTS FUND ( #292), AND $217,083 FROM COUNTY OPTION INCOME TAX FUND (#404) 22 -14 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY SOUTH OF VINE STREET, FROM THE EAST RIGHT OF WAY OF 20TH STREET, EAST TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 133. FEET AND A WIDTH OF 14 FEET 11. UNFINISHED BUSINESS 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, February 19, 2014 S t ' The Honorable Council of the City of South Bend 4th Floor, County -City Building `- South Bend, IN 46601 RE: A combined public hearing of PA Sergio Properties, LLC to zone from SFI Single Family & Two Family District and OB Office Buffer District to OB Office Buffer District, and seeking a special exception use to allow single family dwellings on proposed Lot 15A and Lot 17 in the OB Office Buffer District property located at 1912, 1918 and 1924 Edison Road, City of South Bend - APC# 2692 -14. Dear Council Members: 1 hereby Certify that the above referenced ordinance of PA Sergio Properties, LLC was legally advertised on Thursday, February 06, 2014 and that the Area Plan Commission at its public hearing on Tuesday, February 18, 2014 took the following action: Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried, a proposed ordinance of PA Sergio Properties, LLC to zone from SF 1 Single Family & Two Family District and OB Office Buffer District to OB Office Buffer District, property located at 1912, 1918 and 1924 Edison Road, is sent to the Common Council with a favorable recommendation. The rezoning will allow for an existing office to expand. Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried, a Special Exception Use to allow single family dwellings on proposed Lot 15A and Lot 17 in the OB Office Buffer District is sent to the Common Council with a favorable recommendation. The Special Exception Use will allow the residential homes to remain viable within this mixed use area. 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, —Yohn W. Byorm Attachment CC: PA Sergio Properties, LLC Lang, Feeney & Associates, Inc. 4 n SERVING: ST. JOSEPH COUNTY. SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND w salmephcounrylndianacoMAmphn Staff Report 2/3/2014 APC # 2692 -14 Owner: PA Sergio Properties, LLC Location: 1912, 1918 & 1924 Edison Road Jurisdiction: City of South Bend Public Hearing Date: 2/18/2014 Requested Action: The petitioner is requesting a zone change from SF Single Family & Two Family District and OB Office Buffer District to OB Office Buffer District with a special exception use and seven variances from the development standards, property located at 1912, 1918 and 1924 Edison Road. Land Uses and Zoning: On site: On site is a dentist office, associated parking lot and two single family homes. North: To the north are single family homes zoned SF Single Family and Two Family District. East: To the east is an insurance office zoned OB Office Buffer District. South: To the south are single family homes zoned SF Single Family and Two Family District. West: To the west are two single family homes and two vacant lots zoned SF I Single Family and Two Family District. District Uses and Development Standards: The OB - Office Buffer District is established to promote the development of small scale office, professional, business, governmental and quasi - governmental uses. Since the types of permitted uses in the OB District are typically less commercial in appearance and are architecturally more harmonious with residential structures, this district can serve as a buffer between residential districts and more intense commercial or industrial districts. The OB District may also serve as a gradual and reasonable transition between major thoroughfares and residential districts. The OB District development standards are established to assure small scale developments. Site Plan Description: The rezoning consists of three lots, approximately 3/4 acre in area. There is an existing 2,059 square foot dentist office and two homes of approximately 1,300 square feet each. A 1,350 square foot addition is proposed to the dentist office, bringing the total building coverage to 6,004 square feet or 18% of the site. There are 36 parking spaces provided, covering 50% of the site. The remaining 32% is open space. Variances are needed since setbacks and landscaping do not meet the standards of the OB Office Buffer District. Zoning and Land Use History And Trends: In 1987 the center lot was rezoned from A Residential to B Residential to allow a dentist office. In 1994, a special exception was granted for parking on the residential lot to the APC # 2692 -14 Page 1 of 3 Staff Report 2/3/2014 east. In 1995, the center lot was rezoned from B Residential to B Residential for an expansion of the dentist office. In 2004, the new zoning map zoned this parcel OB Office Buffer District. Traffic and Transportation Considerations: Edison Road has four lanes. Utilities: The site is served by public water and sewer. Agency Comments: The City Engineering Department has no objections. Commitments: The petitioner has not proposed any commitments. 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) LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. LU 2.4 Provide buffer spaces between non - compatible land uses. H2.7 Encourage rehabilitation and maintenance of non owner occupied residential properties. Land Use Plan: The Future Land Use Map identifies the center lot, occupied by the dentist's office as commercial and the other two lots, containing the houses, as low density residential. Plan Implementation /Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: Edison Road, between Ironwood and State Road 23, has a range of uses, from the pharmacy and restaurant at Ironwood, offices on the north side, a condominium project and gas station at State Road 23, with a few single family homes intermixed among these uses. 3. Most Desirable Use: The most desirable use is a use that is compatible with the variety of uses along Edison. 4. Conservation of Property Values: Since the site has been operating as an office for several years, surrounding property values should not be affected. 5. Responsible Development And Growth: It is responsible development and growth to allow an office to expand while retaining the residential homes. APC # 2692 -14 Page 2 of 3 Staff Report Staff Comments: 2/3/2014 This is a combined public hearing procedure, which includes a rezoning, a special exception and seven variances. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation and either approve or deny the variances. The rezoning is from SF Single Family and Two Family District and OB Office Buffer District to OB Office Buffer District. The Special Exception Use is to allow single family homes on proposed Lot 15A and 17. The petitioner is also requesting the following 7 variances: 1) from the required 8' side yard setback on all lots and the required 15' side residential bufferyard for the west line of Lot 17 to 1' from the east line of Lot 15A and west line of Lot 17, and 0' for the lines between Lots 15A and16A, and 16A and 17 for both parking and structures; 2) from the required 15' rear residential bufferyard for all lots to 5'; 3) from the required 1 parking island to 0; 4) from the required 24' drive aisle to 23.6'; 5) from the required rear residential bufferyard and parking screening to a 6' vinyl fence; 6) from the required Type B landscaping for the front yards of all lots to Type A landscaping; and 7) from the required side residential bufferyard screening for the west line Lot 17 to a proposed 6' vinyl fence and partial Type A landscape screening as shown on the site plan. State statues and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made part of the staff report. Recommendation: Based on information available prior to the public hearing the staff recommends that the rezoning be sent to the Common Council with a favorable recommendation. Based on the information available prior to public hearing, the staff recommends that the Special Exception Use be sent to the Common Council with a favorable recommendation. The staff recommends approval of all variances, subject to the approval of the rezoning. Analysis: The rezoning will allow for an existing office to expand and the Special Exception Use will allow the residential homes to remain viable within this mixed use area. The variances represent an existing situation or one created specifically by the change in rezoning, and should not impact the surrounding uses. APC # 2692 -14 Page 3 of 3 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 ofthe 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. Special Exception / Special Use A 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 will be consistent with the character of the district in which it is located and the land uses authored therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED AT 1912, 1918 AND 1924 EDISON ROAD, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from SFl Single Family District to OB Office Buffer District to allow the consolidation of the property on 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, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot 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 Record of St. Joseph County, Indiana. be and the same is hereby established as OB Office Buffer District. SECTION II. That a Special Exception Use for off -site parking and single family dwellings in a OB Office Buffer zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. 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 20_, at o'clock m. Approved and signed by me on the .m. i --7 kEAMING t- i3 Iy PU !!C HEARING 3 rd REAMING NOT APPROVED REFERRED A- "P- PASSED Deputy, City Clerk day of 20 , at o'clock Mayor of the City of South Bend, Indiana Filed In Clerk's Offrl' Jt' iI1�i't�tq CITY CLERK, 506TH BEND, IN PETITION FOR A COMBINED HEARING City ofSouth 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 C/o 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 1' 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, L CIO Paul Sergio ,,-sled in Clerks r ; CITY CLPRv, LB C S SF1 Oak Pa r =Vx rn Hartman L SF1 H LB LB SFI m E y SF1 O SN O 7 0 O C6 Rezoning from: OB OFFICE BUFFER DISTRICT & "SF1" SINGLE FAMILY & TWO FAMILY DISTRICT " to, "OB" OFFICE BUFFER DISTRICT M4 STER ZONING KEY SOUTH BEND "SF I'SINGLE FAMILYANO71!u0 FAMILYDISTRICT ff SOUTH BEND 'SF2"'SINGLE FAMILYANDTA,'O FAMILY DI STRICT SO U7 BEND "Id F2 "HIGH- DENSMI'GIULTI FAIJILYDISTRICT SOUTH BEND'OB "OFFICE BUFFER DISTRICT SOUTH BEI1D `LB' LOCAL BU SHIE SS DISTRICT E SOUTH BEND "C B" COMM UNITY BUSINESS DISTRICT SO UTH_BEND, GB N W E 3 1 inch = 200 feet APG # 2692 -14I Bill No. ORDINANCE NO. V� "M 0 a. (3-1 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION II OF ORDINANCE 10192 -12, TO ADD THE CATEGORY OF POLICE DEPARTMENT RECRUIT, AND TO FIX RECRUIT ANNUAL PAY STATEMENT OF PURPOSE AND INTENT On October 23, 2012 the South Bend Common Council passed Ordinance No. 10192 -12 which fixed the annual pay and monetary fringe benefits of the members of the South Bend Police Department for Calendar years 2013 and 2014. No separate classification exists under that ordinance for Police Department Recruits. The South Bend Police Chief recommends in the best interest of the City, that Recruits of the Police Department be sworn in as officers of the Department only if each recruit successfully completes the Indiana Law Enforcement Academy program or its equivalent and officially begins work within the Department as a Patrolman Third Class. This will assure more stability within the City Police Department as well as the quality level of sworn police officers for the City of South Bend. Such amendment to Ordinance No 10192 -12 is consistent with the practice in the South Bend Fire Department. It will not violate the collective bargaining agreement between the City and the members of the Fraternal Order of Police South Bend Lodge No. 36, nor will it substantively change the Police Department wages for 2014 as established by Ordinance #10192 -12. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The Title of Section II of Ordinance No. 10192 -12 is hereby amended to read as follows: Section IL Annual Pays and, Lateral Entry, Police Recruit and Annual Pay. Section II. Ordinance No. 10192 -12 is further amended to add a new subsection "(c)" to read in its entirety as follows: (c) Police Recruit and Annual Pay: A Recruit of the South Bend Police Department shall be classified separately from sworn officers of the Department. A Recruit shall complete the State of Indiana training program or its equivalent and commence duties as an officer before being sworn in as an officer of the South Bend Police Department. The maximum annual pay of a Police Department Recruit shall be the same as that of a Patrolman 3rd Class. Section Ill. The remainder of Ordinance No. 10192 -12, which is incorporated herein by reference, is in all other ways affirmed. Section IV. This Ordinance shall be effective as of March 1, 2014 upon passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Counci V S pk@ of this bl is only to proft an opporGarlity fo; pus I{c beating and Council aeon on this Wue. Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2013, at Approved and signed by me on the o'clock .m. 1 st READING t PUBLIC HEARING 3,d READING NOT APPROVED REFERRED PASSED o'clock—. M. Deputy City Clerk day of , 2013, at Mayor, City of South Bend, Indiana Filled in Clerk's r 0 104 i�•i'j;5 't . I CITY CLERK, SOUTH SEND, IN JGHK 120ON CouNTY-OTY BunDiNG 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 February 10, 2014 Mr. Oliver Davis President, South Bend Common Council 4th Floor County City Building South Bend IN 46601 Re: Ordinance to Create Police Recruit Position & Establish Compensation Dear President Davis: Attached is an ordinance which amends the Police Compensation Ordinance #10192 -12 which was passed on October 22, 2012. The attached ordinance creates a Police Recruit position and fixes the compensation for that position. Currently, members of the South Bend Police Department are sworn in as officers prior to completing their police academy training, although that was not past practice nor is it the current practice in the South Bend Fire Department. In the interest of assuring that South Bend's sworn officers successfully complete their police academy training before they assume the responsibilities of active duty within the Department, the City Administration wishes to establish the position of Police Recruit and fix the compensation for this position at the Patrolman third class rate of pay. This will not result in any change in the total amount of compensation paid within the Department because the police recruits will be paid the same as sworn officers. Stability within the South Bend Police Department and the quality and skill level of active duty officers will be promoted by this ordinance. It will also bring consistency to practices within the South Bend Police and Fire Departments. The City expects that the 2014 police recruits will complete their training by March 1, 2014, so the ordinance contains a provision for retroactive effect to that date. cy Mr. Oliver Davis February 10, 2014 Page Two I, along with Police Chief Ron Teachman, will present this ordinance to the Council at its appropriate Committee meeting and at the public hearing. We request the Council's favorable review and final approval. Sincerely, I) , John Murphy �. Controller, City of South Bend Cc: Mayor Pete Buttigieg Mark Neal, Deputy Mayor Kathryn Roos, Chief of Staff to the Mayor Brian Pawlowski, Deputy Chief of Staff to the Mayor Cristal Brisco, Corporation Counsel Chief Ronald Teachman Filed in Clerk's c CITY CLERK, SUUTrt' uw, IN BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA (Hill and Colfax Streets) STATEMENT OF PURPOSE AND INTENT Pursuant to its authority granted by Indiana Code Section 36 -7 -12 et seq., the South Bend Economic Development Commission (the "Commission "), in furtherance of economic development within the City of South Bend, Indiana (the "City "), has investigated, studied and surveyed the need for additional job opportunities within the City and has made recommendations concerning economic development possibilities within the City. Based on its investigatory action, studies and surveys, the Commission has determined that it is necessary to designate a specific geographic area within the City as an Economic Development Target Area ( "EDTA ") because such area has become undesirable or impossible for normal development and occupancy due to lack of development, cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings or other factors that have impaired values or prevented a normal development of property or use of property. The property known as the northwest corner of Hill and Colfax (the "Property") has been vacant for many years, with many investors having reviewed the Property for investment and development purposes, and each having dismissed the Property as not appropriate for investment and development. Based upon all of the above facts, the Commission at a regular meeting held on February 7, 2014 approved Resolution #2014 -2, a true copy of which is attached hereto and incorporated herein as Exhibit "A." The Resolution designates the northwest corner of Hill and Colfax Streets, in South Bend Indiana as an Economic Development Target Area, which Resolution the South Bend Common Council, as fiscal body for the City, now approves by enacting this ordinance pursuant to Ind. Code Section 6 -1.1- 12.1 -7(a). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The South Bend Economic Development Commission's Resolution No. 2014 -2 adopted on February 7, 2014 attached hereto and incorporated herein as Exhibit "A" is hereby and in all ways approved. SECTION II. The Property located at the northwest corner of Hill and Colfax Streets in the City of South Bend, Indiana, comprising parcel numbers 18 -5005 -0128, 18 -5005 -0129, and 18 -5005 -0130, is hereby designated, determined and declared to be an Economic Development Target Area pursuant to Ind. Code Section 6- 1.1- 12. -7, with all rights and benefits conferred and authorized by law. 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. 04�,, ( r-- Member of the Common Co it Signing of iiii6y�b5igqis �5O�:n ly io P� 0"Ikle an heatiq 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 o'clock . m. Mayor, City South Bend, Indiana 1st READING PUBLIC HEAR;;.;� 3rd REAMN., NOT APPROVED 2014, at W l3 i'j RESOLUTION NO. jg� A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RECOMMENDING THE ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT TARGET AREA (Hill and Colfax) WHEREAS, the South Bend Economic Development Commission (the "Commission ") exists and operates pursuant to the provisions of Indiana Code § 36 -7 -12, et seq.; and WHEREAS, under the authority granted by Indiana Code § 36 -7 -12, et seq. and in furtherance of economic development in the City of South Bend (the "City "), the Commission has investigated, studied and surveyed the need for additional job opportunities within the City and has formed recommendations concerning the economic development possibilities within the City, and WHEREAS, based upon such investigations studies and surveys, the Commission has determined that it is necessary to designate a specific geographic area within the City as an Economic Development Target Area ( "BDTA ") because such area has become undesirable or impossible for normal development and occupancy because of a lack of development, cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings, or other factors that have impaired values or prevent a normal development of property or use of property; and WHEREAS, the property known as the corner of Hill and Colfax (the "Property") has been vacant for many years, numerous investors have reviewed the Property for investment and development purposes and each has dismissed the Property as not appropriate for investment and development; and WHEREAS, the Commission now desires to recommend to the South Bend Common Council the designation of the comer of Hill and Colfax as an EDTA. NOW, THEREFORE, BE IT RESOLVED by the South Bend Economic Development Commission that: 1. A favorable recommendation is made to the South Bend Common Council for the establishment of the corner of Hill and Colfax as an Economic Development Target Area, such area comprising the parcel numbers 18 -5005 -0128, 18 -5005 -0129 and 18 -5005 -0130 in accordance with Indiana Code § 6 -1.1- 12.1 -7. ADOPTED at a Regular Meeting of the South Bend Economic Development Commission held on February 7, 2014, at the County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. ATTEST: Pnnled'Fame ana Title ' South Bend Economic Development Commission CITY OF SOUTH BEND, DEPARTMENT OF ECONOMIC DEVELOPMENT rgnai e G 1 /�R itGcn�1 J�nnlea Name ana 7we South Bend Economic Development Commission Flied in Cler ,` .v....._ 4� L'�i f CE B 1v" CITY CtA 1. � _._! 227 W. JEFFERSON BOULEVARD SurrE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR February 18, 2014 Mr. Oliver Davis, President South Bend Common Council 4d' Floor County -City Building South Bend, IN 46601 RE: Establishing an Economic Development Target Area Northwest Corner of Hill and Colfax Dear President Davis: PHoNE:574/235 -9371 FAx:574/235 -9021 Attached for the Common Council's consideration is a proposed ordinance which approves and adopts a recommendation made by the South Bend Economic Development Commission establishing an Economic Development Target Area for the parcels located at the northwest corner of Hill and Colfax in the City of South Bend. This corner property has been vacant for many years, with many investors having reviewed this property for investment and development purposes, and each having dismissed the property as not appropriate for investment and development. The South Bend Economic Development Commission, in furtherance of economic development within the City of South Bend, has investigated, studied and surveyed the need for additional job opportunities within the City and has made recommendations concerning economic development possibilities within the City. Based on its investigatory action, studies and surveys, the Commission has determined that it is necessary to designate the northwest comer of Hill and Colfax, in the City of South Bend as an Economic Development Target Area which will make this property a more attractive investment and facilitate the development and occupancy of this comer, which is currently a gravel lot. I will present this Ordinance to the Common Council. Thank you for your consideration. Sincerel B Zeeb 3 °i:ed in Clerk's r' o //i11Q i C�' 1( �LF� $s;,.�•ViiT'�e.l�,,.�w1�D,eiS PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES Jaw ]CAIN PAMELA C. MEYER CHRIS FIELDING DONALD E. INKS O / BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA (LaSalle Hotel) STATEMENT OF PURPOSE AND INTENT Pursuant to its authority granted by Indiana Code Section 36 -7 -12 et seq., the South Bend Economic Development Commission (the "Commission "), in furtherance of economic development within the City of South Bend, Indiana (the "City "), has investigated, studied and surveyed the need for additional job opportunities within the City and has made recommendations concerning economic development possibilities within the City. Based on its investigatory action, studies and surveys, the Commission has determined that it is necessary to designate a specific geographic area within the City as an Economic Development Target Area ( "BDTA ") because such area has become undesirable or impossible for normal development and occupancy due to lack of development, cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings or other factors that have impaired values or prevented a normal development of property or use of property. The property known as the LaSalle Hotel (the "Property ") has been vacant for many years, with many investors having reviewed the Property for investment and development purposes, and each having dismissed the Property as not appropriate for investment and development. Based upon all of the above facts, the Commission at a regular meeting held on February 7, 2014 approved Resolution #2014 -1, a true copy of which is attached hereto and incorporated herein as Exhibit "A." The Resolution designates the LaSalle Hotel Property, in South Bend Indiana as, an Economic Development Target Area, which Resolution the South Bend Common Council, as fiscal body for the City, now approves by enacting this ordinance pursuant to Ind. Code Section 6- 1.1- 12.1 -7(a). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The South Bend Economic Development Commission's Resolution No. 2014 -2 adopted on February 7, 2014 attached hereto and incorporated herein as Exhibit "A" is hereby and in all ways approved. SECTION Il. The Property known as the LaSalle Hotel in the City of South Bend, Indiana, comprising parcel numbers 18- 1002 -0040, 18- 1002 -0041, and 18 -1002- 0042, is hereby designated, determined and declared to be an Economic Development Target Area pursuant to Ind. Code Section 6- 1.1- 12. -7, with all rights and benefits conferred and authorized by law. SECTION 111. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. AI Member of the Common Counc' S�nTflg Of ft NO Is anty to Proewe an aPPMVIRY fat PI<hiic roaring and Attest: Council actbn on L115 iSsu@. City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the 2014, at o'clock . m. City Clerk Approved and signed by me on the day of , 2014, at _ o'clock . m. Mayor, City South Bend, Indiana 1 st READING 2--Z y— f y PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED day of ca: OL 9�.r�O����O i kw 9 tun ' r�vtE. ic, RESOLUTION NO.�-/ A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RECOMMENDING THE ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT TARGET AREA (LaSalle Hotel) WHEREAS, the South Bend Economic Development Commission (the "Commission ") exists and operates pursuant to the provisions of Indiana Code § 36 -7 -12, et seq.; and WHEREAS, under the authority granted by Indiana Code § 36 -7 -12, et seq. and in furtherance of economic development in the City of South Bend (the "City "), the Commission has investigated, studied and surveyed the need for additional job opportunities within the City and has formed recommendations concerning the economic development possibilities within the City; and WHEREAS, based upon such investigations studies and surveys, the Commission has determined that it is necessary to designate a specific geographic area within the City as an Economic Development Target Area ( "EDTA ") because such area has become undesirable or impossible for normal development and occupancy because of a lack of development, cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings, or other factors that have impaired values or prevent a normal development of property or use of property; and WHEREAS, the property known as the LaSalle Hotel (the "Property ") has been vacant for many years, numerous investors have reviewed the Property for investment and development purposes and each has dismissed the Property as not appropriate for investment and development; and WHEREAS, the Commission now desires to recommend to the South Bend Common Council the designation of the LaSalle Hotel as an EDTA. NOW, THEREFORE, BE IT RESOLVED by the South Bend Economic Development Commission that: 1. A favorable recommendation is made to the South Bend Common Council for the establishment of the LaSalle Hotel as an Economic Development Target Area, such area comprising the parcel numbers 18- 1002 -0040, 18- 1002 -0041 and 18 -1002- 0042 in accordance with Indiana Code § 6 -1.1- 12.1 -7. ADOPTED at a Regular Meeting of the South Bend Economic Development Commission held on February 7, 2014, at the County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. ATT + ST, r ppt �n e ame anar7fBe South Bend Economic Development Commission CITY OF SOUTH BEND, DEPARTMENT OF ECONOMIC DEVELOPMENT gnan ' GREG 74,4GO, -5xi ARC,5iGP(. Printed ame and 2711e South Bend Economic Development Commission ,lei in Clerk's FEB 19 114?' JOHN VO()RDF CITY CL rRK, SOUIN 0EN0. 4P. 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR February 18, 2014 Mr. Oliver Davis, President South Bend Common Council 4a' Floor County-City Building South Bend, IN 46601 RE: Establishing an Economic Development Target Area LaSalle Hotel Dear President Davis: PHONE: 574 /235 -9371 FAX: 574/235 -9021 Attached for the Common Council's consideration is a proposed ordinance which approves and adopts a recommendation made by the South Bend Economic Development Commission establishing an Economic Development Target Area for the parcels known as the LaSalle Hotel. The property known as the LaSalle Hotel has been vacant for many years, with many investors having reviewed the LaSalle Hotel for investment and development purposes, and each having dismissed the LaSalle as not appropriate for investment and development. The South Bend Economic Development Commission, in furtherance of economic development within the City of South Bend, has investigated, studied and surveyed the need for additional job opportunities within the City and has made recommendations concerning economic development possibilities within the City. Based on its investigatory action, studies and surveys, the Commission has determined that it is necessary to designate the LaSalle Hotel as an Economic Development Target Area which will make the LaSalle Hotel a more attractive investment and facilitate the development and occupancy of the LaSalle Hotel. I will present this Ordinance to the Common Council. Thank you for your consideration. Sincerely 73�� Brock Zeeb Flied 6ndte--r-k-'-s'0fdcc i J6141 VCJC} a CI CLERK, SOUTH SEND, IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C. MEYER CHRIS FIELDING DONALD E. INKS 47, � I 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 117 N Main St South Bend, IN 46601 WHEREAS, Indiana Code Section 36- 7- 4- 918.6, requires the Common Council to give notice Pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7-4- 918.4, and WHEREAS, the 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: 117 N Main St South Bend, IN 46601 in order to permit Tattooing and Body Piercing 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 M. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION 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. �� DCA l � Member of the Common Cc cil Si COIIRCIi;€ PRESENTED . NOT AP eDOPTEO aid Filed F JAN Joi el CITY CLE R!-, Mice 'L014� IN F, PETITION FOR ZONING VARIANCE AND SPECIAL EXCEPTION TO RELOCATE OUR ESTABLISHED BUSINESS Petitioner David E Martin Bicycle Tattoo 127 W Washington St South Bend, IN 46601 Business Phone: 574 -282 -8190 Cell Phone: 574-440 -2184 The purpose of this petition is to seek 2 zoning variances and 1 special exception to allow us to relocate one block over from our current location of 127 W Washington to the new location at 117 N Main street in the Central Business District. We need a special exception to allow tattooing and body piercing in the new space and we need two zoning variances. One to change the maximum number of controlled uses within 1 000'from 2 to 50, and one to change the minimum distance from a church from a tattoo and body piercing establishment from 500' to 300'. The churches in question are on a different block and have no visible line of sight to our store front and will not see any signage or patrons entering our place of business. We are an established business and are moving because of the condition of our current location does not meet our needs due to lack of upkeep and water damage. We consulted Aaron Perri from DTSB before moving forward with this and we have his support in this move. During the first year of operation we have been good neighbors. We practice safe sanitary techniques and are constantly researching ways to improve_ We have brought close to 1000 new shoppers into the downtown area that came specifically for us but ended up spending money at other shops while they were downtown. We feel we are a good fit for downtown and want to stay and continue to do business in the downtown area. And we will continue to run our business in a professional manner that benefits both us and the downtown area Thank you David Martin PARCELID PARCELSTAT 018.1008 -0317 71- 08- 12 -110- 017.000 -026 018 -1002 -0075 .71- 08- 12.111- 014.000.026 018 -1012 -0475 71.08.12 -110- 012.000.026 019.1008 -0330 71.08- 12 -111- 002.000.026 018 -1008. 033002 71- 08.12 -111- 003.000.026 018 -1002 -0076 71.08- 12 -111- 016.000.026 018. 1012.0476 71- 08- 12 -110- 013.000 -026 018- 1008.0319 71- 08- 12.110- 019.000.026 018 - 1012.0473 71.08.12 -i10- 004.000.026 018- 1009.0315 71- 08- 12 -110- 010.000.026 018- 1008.0316 71.08- 12 -110- 011.000 -026 018- 1002 -0073 71- 08- 12 -111- 012.000.026 018- 1002 -0078 71.08.12 -111- 018.000.026 018 -1008. 033501 71- 08- 12 -111- 006.000.026 018. 1008.0321 71.08- 12 -110- 021.000 -026 018 -1008- 033003 71- 08.12 -111- 004.000.026 018. 1008.0331 71- 08- 12 -111- 005.000 -026 018.1008- 033602 71- 08.12 -111- 008.000-026 018. 1002.0077 71- 08- 12 -111- 017.000.026 018 -1012 -0472 71- 08- 12 -110- 003.000.026 COYNE MARY 1428 Hamilton Av Cleveland INVESTMENTS LLC INDIANA LAND 108 N Main Ste 710 South Bend TRUST #12508 COLFAX PLACE c/o Holladay South Bend ASSOCIATES 11 Properties LP INDIANA LAND 108 N Main St Ste South Bend TRUST 108.118 710 CITY OF SOUTH County City Bldg South Bend BEND DEPT OF REDEVELOPMEN T MICHIGAN PO Box 540 South Bend STREETLLC VALLEY PO Box 52427 Atlanta AMERICAN BANK & TRUST CO. % NATIONAL CITY CORP ATTN: DON PATTON 113 -117 NORTH Po Box 11545 South Bend MAIN STREET LAND TRUST COLFAX PLACE c/o Holladay South Bend ASSOCIATES 11 Properties LP SIMERI LAURA L 24989 Layton Road South Bend CEOL MOR INC 126 S Scott St South Bend MHM REALTY 2610 Twixwood Ln South Bend LLC BKT LLC P 0 Box 540 South Bend CITY OF SOUTH County City Bldg South Bend BEND DEPT OF Room 1200 REDEVELOPMEN T DILLINGHAM 64 Washington Ct Quincy HILL RE LLC INDIANA LAND 108 N MAIN ST South Bend TRUST #11298 STE 711 - INDIANA LAND 108 N Main Suite South Bend TRUST 108 /801 711 CITY OF SOUTH Room 1200 County South Bend BEND DEPT OF City Bldg REDEVELOPMEN T MICHIGAN 'PO Box 540 South Bend STREETLLC S M CHRISTE LLC 1304 Leeper Ave South Bend SEE TRANSFER Page 1 of OH 44114 IN 46601 IN 46601 IN 46601 IN 46601 IN 46624 GA 30355 IN 46634 IN 46601' IN 46614 IN 46601 IN 46614 IN 46624 IN 46601 MA 02169 IN 46601 IN 46601 IN 46601 IN 46624 IN 46617 PARCELID PARCELSTAT NAME-1 MAILINGADD MAILINGCIT .. MAILMAILINGZIF NOTE 018 -1008 -0320 71.08.12.110- 113 -117 NORTH Po Box 11545 South Bend IN 46634 020,000.026 MAIN STREET " LAND TRUST 018 - 1012.0477 71.08 -12 -110. VALLEY PO Box 52427 Indianapolis IN 46255 014.000 -026 AMERICAN BANK & TRUST CO %NATIONAL CITY CORP ATTN'. DON PATTON 018 -1012- 047701 71.08.12 -110- DILLINGHAM 64 Washington Ct Quincy MA 02169 015.000.026 HILL RE LLC ATTN:PAULA HOLLAND 018- 1002 - 007501 71- 08.12.111- TARGET 21533 Golden South Bend IN 46628 015.000 -026 LEASING CORP Maple Ct SEE TRANSFER NOTE 018 - 3006-017003 71.08 -12 -152- STJOSEPH County City South Bend IN 46601 001.000 -026 COUNTY Building 018 - 3006 -0171 71.08 -12 -152- HEBARD TOWER 216 Washington South Bend IN 46601 002.000.026 LLC 018 - 3006-0178 71 -08-12 -152- STJOSEPH County City Bidg South Bend IN 46601 004.000.026 COUNTY 018. 3006 -0184 71.08 -12- 153 - TEACHERS 128 Washington South Bend IN 46601 001.000.026 CREDIT UNION 018 -1008- 033201 71.08 -12 -I11- INDIANALAND 108 N Main Suite South Bend IN 46601 007.000.026 TRUST 108/801 711 018 - 1008. 032101 71.08 -12 -110- 113 -117 NORTH Po Box 11545 South Bend IN 46634 016.000.026 MAIN STREET LAND TRUST 018- 1008 -0318 71.08 -12 -110- 113.117 NORTH Po Box 11545 South Bend IN 46634 018.000.026 MAIN STREET LAND TRUST 018.1012 -0469 71.08 -12 -110- MITTIGA 26142 TWIN South Bend IN 46628 001.000 -026 ROSARIO & LAKES TRAIL MARIA SEE TRANSFER NOTES 018 - 1012.0470 71.08.12 -110- INNOVATIVE 274 W Colfax South Bend IN 46601 002.000.026 ENDURANCE LLC 018 - 1012 -0471 71 -08.12 -110- COLFAX PLACE c/o Holladay South Bend IN 46601 005.000 -026 ASSOCIATES lI Properties LP 018 -1012 -0474 71.08 -I2 -110- COLFAX PLACE c/o Holladay South Bend IN 46601 006.000 -026 ASSOCIATES II Properties LP 018- 1008.0312 71-09-12-110- HAMILTON- 212 W COLFAX South Bend IN 46601 007.000.026 COLFAX LLC AVE 018 - 1008.0313 71 -08 -12 -110- NGUYEN BAG N 208 W COLFAX South Bend IN 46601 008.000.026 & OANH P AVE NGUYEN 018. 1008.0314 71 -08 -12 -110- NGUYEN BAO N 208 W COLFAX South Bend W 46601 009.000 -026 & OANH P AVE NGUYEN •018.1008 -0322 71 -08 -12 -III- SOUTHBEND 227 W Jefferson South Bend IN 46601 001.000 -026 PUBLIC Suite 1400 Page 2 of 3 PARCELID PARCELSTAT NAME_i MAILINGADD MAILINGCIT MAILMAILINGZII TRANSPORTATIO N CORPORATION 018. 1002.0074 71- 0842.111• SHEIN CAR[ G 127 N Michigan St South Bend IN 46601 013.000 -026 018. 1008. 029701 71- 08- 12.106- SOUTH BEND 225 W Colfax Ave South Bend IN 46601 .004.000.026 TRIBUNE CORP 018- 1008.0297 71 -08 -12 -106- 207 NORTH MAIN P.O. B ox 540 South Bend IN 46601 005.000.026 LLC i i i Page 3 of 3 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 February 6, 2014 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception David Martin 117 N. Main Street Dear Council Members: The above referenced petition of David Martin was legally advertised on January 16, 2014. The Area Board of Zoning Appeals gave it a public hearing on February 5, 2014, at which time the following action was taken: Upon a motion by Mr. Young, being seconded by Mr. Hawley and by a 5 -0 vote, the petition for Special Exception to allow a tattoo and body piercing establishment in a "CBD" District, on property located at 117 N. Main 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 s later date, to be made part of this report. Since�6� Charles C. Bulot, C.B.O. Building Commissioner CCB /cah PETITION OF MARTIN SPECIAL USE AREA BOARD OF ZONING APPEALS FINDINGS OF FACT I. THE PRPOSED SPECIAL USE WILL NOT BE INJURRJS 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 COMPATBLE 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 its intent. CONDITIONS or REVISIONS: DECISION IT IS 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 5TH Day of FEBRUARY, 2014. YES NO ® MICHAEL URBANSKI D GERALD PHIPPS ® RANDALL MATTHYS BRENDAN CRUMLISH ® JOE VELLEMAN ® JACK YOUNG © ROBERT HAWLEY DAVID MARTIN The petition of David Martin seeking a Special Exception to allow a tattoo and body piercing establishment in a "CBD" District and a variance from 2 to 50 controlled uses within 1000' and from the 500' minimum distance from a church to 300', on property located at 117 N. Main Street, Portage Township. Zoned "CBD ". MR. DAVID MARTIN: I live at 56415 Westlea Drive, South Bend. I'm already an established business downtown, we're just switching locations roughly about a half a block from where we currently are. We actually like the location we in now but the building we're in is having major maintenance problems that are above us. And for the whole year we've had problems with water leakage and it was compounded when the weather changed. Right now if you go to our spa there's spots on the floor from leaking and the nature of our business we feel it's unsafe for our customers. And since it's caused from leakage above us we feel it's not a maintenance issue that we have control over. I know with the church, we're getting closer to the church, our storefront does not face the church. They will not see any of our signage. They probably won't even see people entering our building. We're already established. We're real quiet neighbors. We just love downtown and we'd like to stay downtown in a nice safe location. MR. VELLEMAN: Will you be buying this building or are you going to be renting it? MR. MARTIN: I'm going to be renting it. MR. VELLEMAN: Is the tanning salon next to that still? MR. MARTIN: The Body Evolution? MR. VELLEMAN: Yeah. MR. MARTIN: Yeah it's right next to where it used to be Emblazing Salon. It's where US Cellular used to be. MR. VELLEMAN: You're on the north side of that building? MR. MARTIN: Yeah. MR. VELLEMAN: Is the tanning salon now considered a controlled use because of the new legislation that you can't be under 16 and have all of that or anything? Does anybody know? COULD NOT HEAR WHAT WAS SAID MR. HAWLEY: When did you move in to the building you're in now? It seems like you were just... MR. MARTIN: This was just last year and the thing of it is, when we moved in we didn't think to look above ceiling tiles and stuff like that. If you go there now like the last major water we leak we had, the landlord fixed the ceiling tiles but if you move the ceiling tiles you can see the second floor. And it's, I feel like I'm being needy to him cause I feel like I'm always calling him saying "hey, you know the stuff on the awing's ripping off with the wind" or you know there's water leaking constantly. Like our doorstep, I actually, I had to pay myself to fix the concrete to the entrance way because when we moved in there was a big hole and he said he was going to fix it and he never did. 1 mean I wish him all the luck but I feel like if I'm investing in this space, I feel like I'm just wasting my money. MR. VELLEMAN: Well there's a cleanliness factor with the tattoo portion of that too, correct? MR. MARTIN: As a matter of fact when we first applied part of what we told you guys was that we wanted to be a part of the APP and the APT, which would make us the first in the area to actually apply and obtain that licensing. We can't do it because you have to submit a video walk through of your building and we have a shared restroom with Main Street Coffee House. We had a water break in the middle of summer on the floor above in the men's bathroom and there was a garbage can full of ceiling tiles like a month in the men's stall with a hole in the ceiling. There's still a hole in the ceiling and there was another leak in there like two weeks ago, there's still a hole in the ceiling. There were ceiling tiles on the floor last week for a week. And like I said I tell him and they act like I'm bothering them or something but I don't feel like what I'm asking for is out of the ordinary. MR. HAWLEY: How long of a lease do you have to sign at the new location. MR. MARTIN: I'm not sure. I did give a deposit on the building just to hold it. We are in the downtown for the long haul. We had a three year lease at the other place. I don't want to be anywhere else but downtown. I feel like it fits my business model and I like the art aspect that they're bringing to downtown. I just feel like I fit here. We've brought a lot of people down here for the things that we do and this is where I want to be. MR. VELLEMAN: Area Plan? MRS. HILL: I did contact, it's approximately the same comments that we had a year ago with the petitioner was in. We did contact the Health Department and they are in charge of regulating the tattoo parlors and shops. They have not had any complaints on this particular one and Mr. Martin has been in contact with the Health Department about what he needs to do to move to the new shop. There's a permit involved so, sounds like everything is going well as far as the Health Department is concerned. M.R. VELLEMAN: So on concerns about moving from one block to the next? He's been in business for a ear with no issues. IN FAVOR MR. AARON PERRY: Executive Director Downtown South Bend, offices at 217 S. Michigan. We've worked closely with David Martin and the operators there at Bicycle Gallery and Body Art. They've established a great business that fits very well in downtown. I understand there was some concerns early on but they've been nothing but a positive force in downtown. Their motto has been great and I know they have plans to continue the art gallery in the front and continue contributing to downtown in a positive factor by participating in the art shows, first Fridays and things of that nature so we're certainly supportive of this move and glad they can stay in downtown. REMONSTRANCE There was no one present to speak in remonstrance of this petition. A motion for approval of the variances subject to the Special Exception being approved and the that the Special Exception is sent to the Common Council with a Favorable Recommendation was made by Mr. Young and seconded by Mr. Hawley. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36 -7 -4- 918.5; therefore, the petition for variances granted subject to the Special Exception being approved and the petition for Special Exception is sent to the Common Council with a Favorable Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this variances granted subject to the Special Exception being approved and the petition for Special Exception is sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION FOR VARIANCES GRANTED SUBJECT TO THE SPECIAL EXCEPTION BEING APRPOVED BY THE COMMON COUNCIL PETITION FOR SPECIAL EXCEPTION IS SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR PHONE: 574 /235 -9371 FAx:574/235 -9021 Council Member Gavin Ferlic, Chairperson March 4, 2014 Community Investment Committee South Bend Common Council 4th Floor, County City Building 0 South Bend, IN 46601 RE: Personal Property Tax Abatement Petition Noble Americas South Bend Ethanol LLC Dear Council Member Ferlic: Please place the personal property tax abatement petition for Noble Americas South Bend Ethanol LLC on the March 24, 2014 agenda rather than the agenda for March 10, 2014. 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 -9339. Sincerely, Brock Zeeb Director Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding (Piled ire Cierk% 1 CI�rycFRFC w•;^t#ENID,IN I PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES ATIN KAIN PAMELA C. MEYER CHRIS FIELDING DONALD E. INKS RESOLUTION NO.. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3201 West Calvert Street AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR NOBLE AMERICAS SOUTH BEND ETHANOL LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 3201 West Calvert Street, South Bend, Indiana, and which is more particularly described as follows: Vac Sunset Pk SE % Ex Pt Sold to City S & Adj & Mid Pt S1 /2E ofRr Cont 61.834 Ac +- See 16 -37 -2e and which has Key Number 71- 08 -16- 400 - 002.000 -026, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et seg., and South Bend Municipal Code Sections 2 -76 et M., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et LN., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et sM., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections I through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED NOT APPROVED 'kDOPTEA �- Member of the Comm Council N CITY eL K,S Q t� "Eli Council Member Gavin Ferlic, Chairperson February 7, 2014 Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition Noble Americas South Bend Ethanol LLC Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a personal property tax abatement petition for the above - referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the acquisition and installation of new equipment. The project cost is $2,425,000. The equipment costs for two years are $2,425,000. The project meets the qualifications for a (5) five -year personal property tax abatement A representative from Noble Americas South Bend Ethanol LLC will be available to meet with the Committee on Monday, February 24, 2014. 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 -9339. Sincerely,� G ✓/ Brock Zeeb Director Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION Noble Americas South Bend Ethanol LLC DATE: February 7, 2014 On December 3, 2013 a petition for personal property tax abatement consideration for properly located at 3201 W Calvert Street, South Bend, was filed with the City Clerk by Noble Americas South Bend, LLC. Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY Noble Americas South Bend Ethanol LLC (NASBE) is a large scale ethanol production facility located in South Bend capable of producing up to 100,000,000 gallons of ethanol per year. The project will involve restart, re- commissioning, significant upgrades, and subsequent operations of this facility after being idle since November 2012. Upgrades would include substantial maintenance and capital expenditure activities as well as installation of incremental on -site projects to improve and stabilize the operations of the facility. RE: Tax Abatement Noble Americas South Bend Ethanol LLC December 6, 2013 Page 2 South Bend Common Council From 2013 through 2015 the company plans to spend $11 M on new building construction, $9 M on existing building improvements, $2 M on new machinery and equipment, and $875,000 on IT equipment and software. They have plans for investment going out five years. Because the designation given by the designating resolution only extends out for two years they will need to reapply for abatement at the end of those two years for the next two years. The overall cost over 5 years will be $36,175,000. Total taxes to be abated during the (5) five -year abatement personal property period for Phase 1 are estimated at $102,898. Total new taxes to be paid over five years are estimated at $208,639. Net tax paid is estimated at $105,741. EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will create 50 permanent, full -time and 0 (zero) permanent, part-time jobs within the first year, representing a new annual payroll of $2,808,000. ABATEMENT QUALIFICATION A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous tax abatements: 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year personal property tax abatement under section 2 -84.2, Tangible Personal Property Tax Abatement. They also qualify for a three year real property abatement. e o o °DOO 0!On0 o MN d O N M O d0 1U N mae�/ 0 p M N N N N O O O 0 N 7 } y v t 0 . } n o re No QV— a W a v`DN W n M M N M � a 2 x X V O N O O N N } D 9> C, O O U N 9 C N m nn fD N a0 � ad' N N� Nlnr N CO GD r NCO y N N d N a <c nco� } n NO N N (V V m tp (V m M M M M N M M LL a 0 CO Q (7 U T c � 8 0 o e M m vin corco N} E J } N N N N N F N N a a a a a. 'I N N 7 M 7 O a M O M 00 0 N N d a N .a U V O Fz Q �°m .Q ro m O w � Z �a h m Q 0 1 Q W r 0 0 0 0 o N d O N M O d0 1U N 0 0 0 0 p (Op W� N O O O Ld } ZaF n v U N m x a Noc D a v`DN c j N N a � 2 x X V O N O O N N } D 9> C, O O U N 9 C N m nn fD N a0 �yEQ °� a � m y N N d N ui .. J >U 9 U N d w o ENa Z Q � N 2 N Y d E @ J N i-Uw � N O F U� a o t0 N t0 o a o O W N N e O N 0 O O N 00 e oN p O O p o M o �o ai o W d O N M O d0 1U N o w CO W v CZ N NaN07t0 J d N M ZaF U N m x Noc D d W O O N 00 e oN p O O p o M o �o ai o J d N M ZaF d N m x Noc D d c j O N a � 2 x X X i 5�5 s t q4S .r <�tyt o� JOax,`z i ShOW Noble Americas South Bend Ethanol LLC i"I'masstruch ie LLC Comparlywebsite www- thisisnoble.com Proposed project address 3201 W Calvert Street Parent company name Noble Americas Corp tlty,State, Zip South Bend, IN, 46613 Legal owner - Noble Americas Corp She acreage oracreage required Isthe real estate ownedor leased 06.1466543 Square feet offadlity dleased by whom •?3i Secretary Primary company contact name Joseph throne Title Address ofcompanycontact 107 Elm Street, 7th Floor Phone 203.324.8555 City,State,Zip Stamford, CT, 06902 Email jl @thisisnoble.com • r ..- Secretary Company senioroffidai name Joseph Limone Title address of campanycontactfifdi0euentfrum 3201 W Calvert Street Phone 203.324.8555 above City,State, Zip South Bend, IN, 46613 Email jl @thisisnoble.com _ _ r tiiredbusiness consultant /agent name Cnnsumntrelease approwl Address toalxommkdmelopment ' partners rtleaseaPDroval Gty,State, Zip EmaB Brief description of your company, project, and why the Noble Americas South Bend Ethanol LLC( "NASBE') is a large scale ethanol production facility located in South property is necessary for Bend, IN, capable of producing up to 100, 000,000 gallons of ethanol per year. The project will involve restart, economicgrowth recommissioning, significant upgrades and subsequent operations of this facility after being idle since November 2012. Upgrades would include substantial maintenance and capital expenditures activities, as well as installation of incremental on•site projects to improve and stabilize the operations of the facility. Certified Technology Pa rk appmpdate7 No Community Revitalization Enhancement D6trkt7. No Cenlfy that the Building Permit has not been issued(Yes /No) No If this Ise petition for personal property tax abstement,hostheequipount been lnstalledt No gvas, 006 V. Public Infrastructure needs (Off- Has any SM funding been What is the value of any equipment being purchased in What is the valueofany equipment being site of project) received? Indiana for the project? purchased from Curt ofstate for the proJect? 8000000 Total hourly Cumulative 8ofnet NEW full time Ho uriyaveragewage, W/o Total training 7atalilSObe Calendar Year Jobsretained wage w/o permanentjobs created at project benefits or bonuses, of expendihre• trained -not fringe or eumutativenelnewJobz not cumulative bonuses cumulative Now 0 0�wb , 2014 50 27 250,000 35 2016 2016 2017 2018 2019 2020 2021 2022 2023 2024 Provide hourly wage information for new employees in the fo8owingposhlons. Full time Parttime - • Laborers 318 $ Technical 3•i4 $ Managerial 49 $ Administrative $16 $ W ho wi II be the individual resppnl6kdyrmMOrmriaenywith Melissa Traffas,(ICM Inc.) `: A1ftli1Np0 uo tetiultlggt,'•`' Does ypprtpmpapyhsvean£EOhfrkgpoliq? AtayouahFEpmlpi�yj Yes Yes Complete below for Real or Personal PropiertyTaxAbatemefa t 0*; Please sign #or all tnentives. Publk Bfitta information ISrecidiredon both the sonstructiottcompaniesandth ei " companleswhicbwiliprovidemateriaispurchasedfortilisproject. Please complete thetable below with the appropriate information. If you qualify for the points, please enter the full amount of available points. qualfy (Yes or No) Earned Points Available Points 1 Construction Related (Contractorsl: A. Employ Local Companies (75%) No 0 0 20 S. Purchase Materials from Local Companies (75Y) No 20 C. Require Employees vs. independent Contractors No 0 19 D. Require Prevailing Wage (Davis Bacon) No 0 22 E. Require Health Benefits No 0 22 F. Require Pension Benefits No 0 18 G. Maintain Affirmative Action Plan No 0 20 0 Sub -total Construction Related: 141 2 Wage & Benefit Related (Owner): A. Pay Target Wage Levels Yes 33 33 B. Provide Health Benefits Yes 34 29 34 C. Provide Pension Benefits Yes 29 D. Provide Training Yes 28 0 14 28 E. Provide Child Care No 15 F. Provide Transportation Assistance Yes 14 G. Provide Employer Assisted Housing program No 0 9 Sub -total Wage &Benefit Related :' 138 162 3 Workforce Related: A. Create NewJobs Yes 42 42 B. Retain Existing Jobs Yes 41 35 0 41 C. Maintain Affirmative Action Plan Yes 35 D. Provide Targeted Hiring Preference No 34 Sub -total Workforce Related: 118 152 4 Su000rta Munkioai Facilhv: A. Sup port a Municipal Facility (donations to the zoo, conservatory, museum, etc.) No 84 NameofFacility, Sub- totalMUnlcipai Facility: No 84 Sub -total from Above: 1256 539 The undersigned owner(S) of real property, located within the City of South Bend, herby petition the Common Council of the City of South Bend for a real and /orpersonal property tax abatement consideration and pursuant to I;C, 5.1,1 - 12.1-1, et sea:. and South Belid'Nita�dp� todeSec 2 75 etsed_ forthlspetition state ttio above. Submitted By: Date: ease Ila t e amount of real and persona properly taxes aid for the last five ears whena lica6te. Real Property Taxes: Personal Property Taxes: Year One Year Two Year Three Year Four Year Five Please fill out the following Public Benefit Summary Information and add to total from above. Qualify Lor NJ Earned Available Points Public Benefit Item: 5 A. Redevelop a Site that has Special Needs 49 B. iDevelop Based on Local University Research 35 C. Achieve a Physical Element of a Plan 36 Sub -total Project Related: 0 120 6 Super Size Proiecl5(point Values ale Cllmplatiyei' 25 A. 100% to 199% B. 200% to 299% 68 C. 300% to 399% 65 D. 400% and Over 52 Sub -total Super Size Projects: 0 210 7 Pay for Municipal Infrastructure: A. Pay for Oversizing or Upgrading 14 B. Pay for 26-50% of Extension Cost 26 C. Pay for 51 -75% of Extension Cost 39 D. Pay for 76- 100% of Extension Cost 52 0 131 Sub -total Infrastructure Related: Total from Applicant Section: 256 0 539 461 Total from Staff Section: Total Public Benefit Points: 256 1000 2", SL�l RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 237 North Michigan Street AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR GREAT LAKES CAPITAL DEVELOPMENT WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area located at 710 -712 Niles Avenue which is more particularly described as: Lot 10 P So Bend Lot 2 & N 33.45' Lot 30P And which has Key Numbers 71- 08 -12- 107 - 005.000 -026 and 71 -08 -12 -107- 006.000 -026 presently at this point in time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6- 1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6- 1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17. This resolution is passed as an exception to the current City Code regarding the applicable deduction percentages for a 10 year abatement for the following 'reasons: 1. The property has been designated by the Economic Development Commission as an Economic Development Target Area located in the CBD; 2. The property is currently owned by the City Redevelopment Commission and requires annual management and maintenance by the City; 3. The property has been vacant and there has been no realized tax revenue generated from the property for at least ten years; 4. The private investment proposed for the project will exceed three times the amount of the taxes to be abated; 5. The project will pay taxes and those revenues will be net new taxes to the community; 6. The project is aligned with the goals of the SBCDA plan, which specifically targets multi -use projects including support for residential occupancy in the CBD; and 7. There is a significant cost to cure required in the project to make the property functional, conform to the historical nature of the property and return the property to economic viability SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED R.. 'APPROVED ` rOP7ED tti -) GtlkZ Member of the Common Council t , "oct and CounW action on V' ia 163110, Filed in Cleric's Ctfafi. CITY CLERK, SOUTH &ND, IN SS�L S�� &-11 P3, 1 y - � F RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 237 North Michigan Street AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR GREAT LAKES CAPITAL DEVELOPMENT WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area located at 710 -712 Niles Avenue which is more particularly described as: Lot 10 P So Bend Lot 2 & N 33.45' Lot 30P And which has Key Numbers 71- 08 -12- 107 - 005.000 -026 and 71- 08 -12- 107 - 006.000 -026 presently at this point in time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. This resolution is passed as an exception to the current City Code regarding the applicable deduction percentages for a 10 year abatement for the following reasons: 1. The property has been designated by the Economic Development Commission as an Economic Development Target Area located in the CBD; 2. The property is currently owned by the City Redevelopment Commission and requires annual management and maintenance by the City; 3. The property has been vacant and there has been no realized tax revenue generated from the property for at least ten years; 4. The private investment proposed for the project will exceed three times the amount of the taxes to be abated; 5. The project will pay taxes and those revenues will be net new taxes to the community; 6. The project is aligned with the goals of the SBCDA plan, which specifically targets multi -use projects including support for residential occupancy in the CBD; and 7. There is a significant cost to cure required in the project to make the property functional, conform to the historical nature of the property and return the property to economic viability SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. V✓ t_ { K Member of the Common Cou it an c} 1�,1 pit Gl^ aZ , F S b -6.. �10a and Coului PRESENTED NOT APPROVED ADOPTED 3 Rt. CITY Ci' iAk, SCiiYH i'END, NJ n rO H rwo r N C, N y C ND ry O '- 3 � n00� 20 d a 2d N DN H D3 N ICV m H N Om ax 6 N G d X X% 6 C O N N 3 a n d n o m @ m � � N N d O C N O N C v v d X Wbao N � � 0 o,DZ � m oao W vrnnlawN+ v G � � N_ d � N n u1 ISD ~ LT m N W 0) O) m W W O) W O O> I + p p O O SX N a N N (T (11 IT00"NMN(T (TNUNN(T Oi O� W OI �d{ In (TO N A (IN In O NOtT N w c O O C O OH� I% C N i S N x cq + N N D aX A y p+ + p_ Op O O wO035 N< m OOO O'OOOOOO dO D7WN AW<O W W W W W O)0)m N n F A >O w O At00 W 0000m 'S Cd y� O W pp�1 p N n m O Oi W Vt iy +�.1pNp O N W N� O> MMMOM W MO yNy M O)m W �mD7mOmm OOOOIN O OO V V A A A A P A A A A A N F 2 W W O (n O f T o o•oo.0 OOOO�e 006 000 O b m N � W. P V O W (Old W. A A N W N C (O O)A W V O(T (n W N A N O{ a (T � d W+ V f O N V �O tp W w N W .00. O O O W 0N'�p (O N OI t0 N (T f0 N 6I t0 K (p (O O W O W o O O O O O � Q V k � O W N(Wp�(01,.)O V AN W O+IJ (J A O�V WtDO IAN (XVV p) O NW O NtWO N0U �m(0i1� � laX N TO W i0i N W OOOO�tO OOOOId O b y O (O!i (WT W OOOOWe N W A W �� � n N ma + + O G fO O)N O O Of W + N OIL m N fO00N NNO (OLIO tOT W o 0000' W ae O J N W W W N qq+A(P N P O O O tO f00 WOW W o 0000 O O O O o + w N (T <T a! + wo Ol W N yN NV00{ LN V a A N fT (.00�J NON W OOOO� W tWIiNO e o00o a + W N N V N + N w +N (p t0 N (p+00{ 00000 NNO NO(Nl� a r Rw�l _- � � I fT W J mNNO N N (00(O N W (n N O O W 0000 W 0000(110 �� a ••: Y' V a N 0 N 0 O 1 V P (T dV NA V N N NN 0000 O [R i la � � WA 00 NON a 0000 a? ♦ N+� (T IyTW+N W O d V N N O O O N W OI fn O O ()t O O O O d 01 (OT O N e 0000�a &A Io, l i-� g RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 237 North Michigan Street AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR GREAT LAKES CAPITAL DEVELOPMENT WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area located at 710 -712 Niles Avenue which is more particularly described as: Lot 1 O P So Bend Lot 2 & N 33.45' Lot 30P And which has Key Numbers 71- 08 -12- 107 - 005.000 -026 and 71 -08 -12 -107- 006.000 -026 presently at this point in time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et secl., and South Bend Municipal Code Sections 2 -76 et M., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et seg., and South Bend Municipal Code Sections 2 -76, et sew., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections l through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED NOT APPROVED ADOPTED Member of the C99mon Council .Signg of Ws b1s l i3 00Y to PV LAO can oppoiu'� fw pd `n teasing and Council aeon on Us issue. lied n n� i CITY CU7RK, 8OU'rH 'N!), 1V 227 W.]EFFERSON BOULEVARD Surrr1400 S. is SourH BEND, IN 46601 -1830 CITY OF SOIrrti BEND PETE B=GIEG, MAYOR COMMUNITY INVESTMENT SO= FORD, BxECVFNB DIRECTOR February 12, 2014 Council Member Gavin Ferlie, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Real Property Tax Abatement Petition for: GREAT LAKES CAPITAL DEVELOPMENT Dear Council Member Ferlic: PHONE: 5741235 -9371 FAx: 574/235 -9021 Please find attached the Department of Community Investment's report on a real property tax abatement petition for the above - referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the renovation of the Hotel LaSalle located at 237 North Michigan Street. The report contains the Department's findings relative to the above petition. The total cost for the renovation is estimated at $9,537,076.10. The project meets the qualifications for ten -year real property tax abatement and a representative from Great Lakes Capital Development will be available to meet with the Committee on Monday, February 24, 2014. 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 -9339. Sincerely, Brock Zeeb Director Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding ASSISTANT EXECIrmvE DIRECTOR PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RFSOURCES CHRIS FIEII)RIG 1rrIN KAw ?A CMMR BAOCKZEES Spv Tq Bb 227 W. JEFFERSON BOULEVARD SUM. 1400 S. SOUni BEND, IN 46601 -1830 6��tidnce ^',2 � 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: GREAT LAKES CAPITAL DEVELOPMENT DATE: February 12, 2014 PHONE: 574/235 -9371 Em: 5741235 -9021 On August 21, 2013, a petition for real property tax abatement consideration for property located at 237 North Michigan Street was filed with the City Clerk by Great Lakes Capital Development. Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY In order to strengthen and aid in the redensification of core value within downtown South Bend, the petitioner proposes interior, exterior, and site renovation for the Hotel LaSalle building. This will mark the third in five currently slated improvement projects for downtown South Bend. The other sites include American Trust Place Phase I, Phase II, Main Street Row, and Citizen's Bank & Trust. This all adds to the value creation for downtown. The proposed rehabilitation will cost $9,537,076.10. After renovation the primary use would be residential with commercial use on the main level. ASSISTANT E=ur1VE DIRECtOR PIANNING NEIGHMMOODENGAGEMIN ECONOMIC RFSOURCES CHRISFmjxNG 17NIOiN PAMELA r— MF. HROCKZFF9 South Bend Common Council RE: Tax Abatement for Great Lakes Capital Development February 12, 2014 Page 2 There are three different schedules of taxes abated attached for your review. The first schedule shows the taxes abated for a 10 year abatement based on our normal everyday calculations. Under this scenario, taxes abated would be $1,086,677 and net tax paid would be $1,943,305. The petitioner has requested that we offer the business a more aggressive schedule of taxes abated. Much of the investment into the building will be "Costs to Cure" as the building has been vacant for approximately twenty years. The renovation costs are extensive and without a more aggressive schedule of taxes abated, the project does not cash flow in the first few years. The developer needs a more aggressive tax abatement than usual in order to complete this project. This scenario is shown on the attachment called "Petitioner's Requested Schedule. " Taxes abated would be $1,993,298 and net tax paid would be $1,036,684. The third schedule called "Best Estimate" shows the Department of Community Investment's best estimate of taxes abated for this project. Because so much of the rehabilitation costs will be "Costs to Cure ", the department estimates that the new assessed value of the building will only be $5,340,000 despite a $9.5 million investment. This schedule is based on the $5.3 million assessed value along with more aggressive rates for taxes abated and shows that taxes abated will be $1,241,636 and net tax paid will be $696,910. EMPLOYMENT IMPACT Per the petition, it is estimated that the project will create nine (9) new, permanent full -time positions and zero (0) part -time positions with an annual payroll of $315,000. The project will not maintain anyjobs. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the Petitioner, Great Lakes Capital Development has not been granted any previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. The property is located in the Central Business District. 4. A review of the Tax Abatement_ Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (10) ten -year real property tax abatement under section 2 -80 Mixed Use Developments in the Central Business District. Dowftn Envelope ID: DBF1C726 -DE71 4282- AE01- A0601BF646AD CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C. 6-1.1- 12.1 -1, a se ., and South Bend Municipal Code Sec. 2 -76 at seg., for this petition state the following: 1. Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to your business: site 5 Land Size o. 75 ,acres acres; Building Size 107, 000 sq.R. 2. Describe the overall nature of the business and of the operations occurring at the Property (Please attach an additional sheet if more space is needed): The property is currently vacant in need of ro......� «�.... �__ 3. Estimate the dollar value of the project (excluding land): $ 9, 537, 076.10 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or Improvement is: $ 862,600 (This information may be obtained from the St Joseph County Assessors Offioe 235 9557.) 5. (a) The real property for which tax abatement consideration is petitioned(Property)is owned or to be owned by the following individual(s) or corporation(s) (if the business organization Is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST( °k) Great Lakes 112 W. Jefferson Blvd. 1001, �— (Rev 5113111) DocuSign Envelope ID: DBFiC 726.DE1142B2-AEgt- AD6D16F646AD (b) The following other person(s) or corporatlon(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); , NAME ADDRESS IWEREST(%) 6. The commonly known address of the Property is: 237 North Michigan Street South Bend, IN 46601 7. The Key Number(s) of said property is: 71-08 -12 -107- 005.000 -026 71- 08-12- 107 - 006.000 -026 8. A legal description of the above address is attached hereto, marked "Exhibit A; and incorporated herein. 9. A map and /orplatdescribing the Property is attached hereto, marked °Exhibft8," and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked "Exhibit C," and incorporated herein. 11. The REAL property where the proposed redevelopment or rehabilitation project V411 be carried out is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: Dr /A 12. The redevelopment or rehabilitation project itself will: (a) create 9 permanent, full -time and 0 permanent, part-time jobs within the first year, representing a new annual payroll of$ 315, 000 ; and (b) maintain s existing, permanent, full-time and o existing, permanent, part-time jobs (including existing, permanent, full -time, minority employment of TBD workers and existing, perma- nent, part-time, minority employment of 0 workers) with a total annual payroll of $ N/A . for all existing employees. 13. Provide current wage information for existing employees including: base rate, cost -of- living allowances, hazardous -duty pay, incentive pay including commissions and production bonuses, on -call pay and tips (please show average hourly rate or range). Do Not Include: back pay, jury duty pay, overtime pay, severance pay, shift differentials, non - production bonuses, and tuition reimbursements. Full -Time Part-Time Laborers $ 35,000 $ Technical $ 3s1 000 $ Managerial $�- $ Administrative $ 35,000 $ (Rev 5/13111) DOQ1Siq. Envelope ID: D3FiC726 -DE71- 4282- AE01- AD6D18F646AD 14. The projected annual salary for each new position indicated in item 12 above is estimated to be as follows (Please attach additional sheet (s) if more space is needed): POSM6N (Indicate Full Time [F q or Part Time [PTj) EMPLOYMENT WAGE 15. Indicate whether your company provides the following benefits (use YIN): X Health Care Benefits = Pension Plan (403.k) X Employer Provided Training (recognized or certified training /educational courses or programs) Day Care (provide or contribute to the cost of child day care for its employees) Transportation Assistance (provide direct or indirect support and assistance to its employees who lack private transportation to get back and forth from residence to place of employment) x Employer - Assisted Housing Program (provide an employer - assisted home ownership program) (Site Manager consideration) _ Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the City's Community & Economic Development Department that have the highest unemployment or the highest percentage of low and moderate Income individuals). (Additional information may be requested for verification of the above items) 16. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES 2008 $0 $0 2009 $0 $0 2010 $0 $0 2011 $0 $0 2012 $0 $o Owned by the City of South Bend for this time period. (This information may be obtained from the St. Joseph County Treasurer's office 235.9531) (Rev SN311 t) 000USIgn Envelope ID: DBFi C 726- DE11d2B2-AE01- AD6DiBF6A6AD 17. Please list the number of full -time and part-time minority employees for each of the last three years: Year Black Full Part Full Part Full Part Hispanic — Asian — Indian — — Other — 18. Does your business maintain a written (formal) affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: 19. Indicate whether or not your project will finance any of the following activities (If desired, please contact the Community & Economic Development Department 235 -9335 for additional information on this section): x Conversion to residential use of a commercial building "Eligible Building' as designated by the Community & Economic Development Department. x Rehabilitation of a building that is either: (a) on the National Register of Historic Places; (b) designated as a local landmark; (c) located in a National Register or local landmark district; (d) eligible for nomination as a National Register or local landmark; or (e) is rated as Outstanding (0/13) or Significant (S/12 or S /11) in the most recent Historic Preservation county- wide survey. x Rehabilitation and reuse of property that is designated a Problem Property by the Community and Economic Development Department Cleaning up a "Brownfield, "which is any site, building, facility orcomplex that has been designated a brownfield by the Community and Economic Development Department. 20. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located w(thin St Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (Please attach additional sheet (s) if more space is needed): No (Rev 5/13111) 4 Docusign Envelope ID: DBF1C726- DE7L42B2- AE01- AD601BF646AD 21. Will your project achieve one or more physical elements Identified in a development or revitalization plan that has been approved by the Common Council? If yes, please explain. 22. Does your business provide signifirant financial support to a Municipal Facility (i.e. municipally owned park, recreation center or cultural arts or entertainment facility or other similar public amenity)? If yes, please explain. 23. Is your company incurring any of the costs of extension or over - sizing of municipal. Infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street Improvements, street lighting, traffic control and related public improvements (Please attach additional sheet (s) If more space is needed): 24. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). 25. Information is required on the construction companies that will be utilized for the construction or rehabilitation associated with the project. (Please complete the table on page 9 of this application). 26. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owner's signature at the end of this application is verification of this statement). 27. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAICS) major group within which the proposed project would be classified, by number and description is: 531120 Lessors of residential and non- residential buildings. 28. The Internal Revenue Service Code of Principal Business Activity by which the Proposed project would be classified, by number and description is: 531120,531110 29. The anent use of the Property is vacant and the current zoning is _ CBD (This information maybe obtained from the Building Department 235- 9554). (Rev 5/13111) DocuSign Envelope ID: DBF1C 726- DE7142B2- AE01- AD6D78F646AD 30. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property), term and date of approval. (Please attach additional sheet(s) if more space is needed) ABATEMENT TYPE . TERM DATE OF APPROVAL 31. Other anticipated public financing for the project including, if any, industrial revenue. bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Administration Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund; or other public financial assistance, including but not limited to public works improvements. Yes. City of South Bend 32. The following person(s) should be contacted as Petitioner's primary agent(s) regarding additional information and public hearing notifications and the following individual(s) may participate at the committee and full council meetings of the South Bend Common Council: Name: Ryan Rans Brad Toothaker Address: 112 W. Jefferson Blvd. 112 W. Jefferson Blvd City, State, Zip: South Bend, IN 46601 South Bend, IN 46601 Telephone: 574- 251 -4400 574- 251 -4400 E -mail address: rransegreatlakescapital. com btoothaker reatlakesc 33. If this real property tax abatement is for warehouse or industrial developments, pursuant to South Bend Municipal Code Sec. 2.83.2, please indicate the name, address, telephone number and e-mail address of the person who will work with WorkOne Northern Indiana (WNI) or its successor agency for employee recruitment, and sign the required WNI form attached to the petition. Name: N/A Address. City, State, Zip: Telephone: E-mail Address: (Rev 5/13/11) DocuSign Envelope 10: DBFi C 726- DE71<2B2- AEDi- AD6D18F64 AD WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South Bend has been paid in full. (Rev 5/13/11) Name of Property Owner(s): Great Lakes Capital Development f—Av o,d ey: By: ( nedeN�tro9- Bradley J Toothaker (Typed or printed name and capacity of signor if signed by an agent or representative of the owner.) Filed In Clerk's Office A.•jl ht)I;. �(il, JG�4 SOUTH CITY CLERK, BOFiUi'R BEND, IN i f 2 � 2 } / { ; ...,,/ 4« ....., / )) � 3 z _ § ir _ ![§ ! iA( 'I� } { \ { 3 \CL mm \}0 ;a 2 ■ FEZ 0 �4 �( ,3 0 . 0)} ! !(. \ r | }}{ ! m f0 � (Ak & }�k 3k � | ■ \(! \ 2�§ oq ® ® p 0 \ §0 \ }�} ...,»[ 7§ {� .........�kf ~m > ƒ � k2 �} 7!£0 ! f §- !0 ))k k;\ 2�E !!z ,# )�i (f(�ƒ)A� z m ro)/§ } Eƒ\\ k ±-w �',J; §kk! ! /¥i % l[ ) / 2�L I( - ®2�Eƒ» §c "W]§IOm , )i, ;tea #a !$� ;l2 k�lm cr0 \� \( / }/ƒ ! #Q=Wuu 0�0� =Pro ƒk }�f@� !|((,0§ a ; ;�J�» a 435!2. = ® @AJ0 oc,$!! {r \ § � 4!/ ! , j Li� § .........�kf ~m > ƒ � k2 �} 7!£0 ! f §- !0 ))k k;\ 2�E !!z ,# )�i (f(�ƒ)A� z m ro)/§ } Eƒ\\ k ±-w �',J; §kk! ! /¥i % l[ ) / 2�L I( - ®2�Eƒ» §c "W]§IOm , )i, ;tea #a !$� ;l2 k�lm cr0 \� \( / }/ƒ ! #Q=Wuu 0�0� =Pro ƒk }�f@� !|((,0§ a ; ;�J�» a 435!2. = ® @AJ0 oc,$!! {r \ �xo y in z $3zi; fi �xo y in z $3zi; DocuSgn Envelope 10: OBF1C726 DE71 4282- AEDt-A06DiBF646AD Photos Exhibit C Rod In Cierk's Office I 21 2013 1 CI'1V oEND, IN DocuSign Envelope 10: DBFIC726- DE714282- AE01- AD6D18F646AD South Bead Tax Abatement Ordinance Overview Procedures and General Standards — Abatement in Tiers South Bend's Abatement Program is a program which awards a base level of abatement for any project that meets certain minimum level development standards. Additional years of abatement may be added to this base for projects involving the development or rehabilitation of commercial real property listed in the following table provided the project fosters certain economic development and other public benefits. Base Abatement Base Abatements may be awarded according to the following schedule: Development Multi-Family Area EDTA New Constr. $1000000 Rehab. $250,000 Add- On? Yes Base Yrs 3 Sin Family -Ci -wide An n.a. No 5 Office CBD 15.000 sf 5 000 sf Yes 3 Office EBDA, TAIA 7 500sf 5 000 sf Yes 3 Retail C EBDA, TAIA An An Yes 3 Retail UEZ An An Yes 3 Mixed Use CBD I S 000 sf 5,000 sf Yes 3 Mixed Use EBDA 7 500 sf 5,000 sf Yes 3 Institutional CBD EBDA, UEZ Any I Any Yes 3 Hotel/Motel CBD EBDA, AEDA 20 rooms n.a. Yes 3 Industrial Ci -wide 10 000 sf 10 000 sf Yes 3 Industrial UEZ, RBA Any Any Yes 3 Warehouse City-wide 25,000 sf 25,000 sf Yes 3 Warehouse EDTA UEZ, RBA Any Any Yes 3 Personal Property (Equip. & Machine City-wide Any None No 5 Definitions of Area Abbreviations Airport Economic Development Area East Bank Development Area Redevelopment Blighted Area Urban Enterprise Zone Central Business District Economic Development Target Area Tax Abatement Impact Area Additional Base Abatement Criteria • The project must be perceived to generate a ten -year financial return (in taxes, fees, pmts, community ecun & social benefits...) sufficient tojustify the City's direct investment in infrastructure support. • A Memorandum of Agreement is executed which speaks to: • The conditions of the abatement • The timefnume for actions • An agreement to respond to surveys related tow to 6 r (Rev. 5113/11) Johld YDOn. , CITY CLERK, SOM. Etnu, iM DocuSign Envelope ID: DBF1C726- DE714282- AE01- ADSDIBF646AD South Bend Tax Abatement Ordinance • An agreement to grant access related to compliance inspections • Any events that might cause termination or payback actions • The applicant must be current in their taxes. • There must be no pattern of local, state or federal law or regulatory violations. Add -On Abatement One to seven additional years abatement may be considered for projects involving certain commercial real property (listed above) that achieve Public Benefit Points described in the following tables: Table I Pro'eM Related Actions Redevelop a site which has special needs such as converting a commercial building to residential use, rehabilitating and reusing an historic building, rehabilitating and reusing a property that has been designated a "problem property" by the Community and Economic Development Department, or oavine the cost of cleanin u aBrownfreld. Points q9 Develop a product or business based on licensing intellectual property arising from research conducted at a university in St. Joseph County. 35 Achieve one or more physical elements identified in a development or revitalization plan that has been approved b the Common Council. 36 Super -Size Development Actions (For exceeding the minimum hard $ costs or s . footage required to meet base year criteria Cumulative! 100 to 199% 25 200 to 299% 6g 300 to 399% 65 400 %and over 52 Construction Related Actions Employ local companies for at least 75 %of construction work(ofthat which is reasonably available local! 20 Purchase 75% of materials local) of that which is reasonabl available locals 20 100% of construction workers are em to acs not Ind dent Contractors 19 Pay 100% of the wage that the US Dept. of tabor has determined to be prevailing in St. Joseph County. Published on the Davis -Bacon website at htt : / /www.access. . ov /davis.bacon/. 22 All contractors must contribute to a health plan. 22 All contractors must contribute to a retirement Ian"L�abor 1g Contractors must maintain an Affirmative Action P20 Wage & Benefit Related Actions ofApplicant Pay average of 1009% of mean hourly wage reported abor Statistics in its most recent Metropolitan Area Occu t Annual Wa a Estimates for South Bend Indiana Ml Area. 33 (Rev. 5 /13/11) DowSign Envelope ID: DBFi C726- DE714282- AE01- ADSD18F646AD South Bend Tax Abatement Ordinance Contribute toward health Dim 34 Contribute to pensi on or retirement Ian 29 Provide training to employees which consists of certified training or educational 28 courses or ro s conducted within or outside the lace of em to ent 183 Provide or contribute to cost of child da care I5 Provide Transportation Assistance to lower income employees such as using 14 ublic trans rtation subsidized public tran rtation or s ecial van services. 267 Provide an em to er- assisted home owners hi ro ram 9 309 Workforce Related Actions of Applicant 310 Create as tried number ofnew'obs 42 Retain a s ecified number ofexistin 'obs 41 Maintain or establish an Affirmative Action Dl— 394 Provide targeted hiring preference for residents of Census Tracts designated by 34 the Community & Economic Dev. Dept. that have the highest unemployment or the highest percentge of low and moderate income individuals. Pay for extending or over sizing municipal infrastructure including water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, and traffic control and related public improvements. Oversizin cumulative 14 Lay 26 to 50% of extension cumulative 26 Pa for 51 to 75% of extension cumulative 39 Pay for 76 to 100% of extension cumulative 52 Support a Municipal Facility Provide significant financial support to a municipally owned facility such as a 84 park, recreation, cultural arts or entertainment facility. Public Benefit Points and thresbolds for Additional Abatement Years The following points must be achieved to earn consideration for each additional year of abatement. Table II - Multifamily Development Projects From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 (Rev. 5/13/11) DowSign Envelope ID: DBF1C726- DEr11282- AE01- AD6D16F646AD South Bend Tax Abatement Ordinance Table III - All Other Development Projects From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 & over 7 Additional Requirements All petitioners seeking real property tax abatement for industrial or warehousing developments must agree to work with Workforce Development Services of St. Joseph County or its successor agency when developing plans and recruiting for employment positions created. (Rev. 5/13/11) DocuSign Envelope ID: D8F1C726- DE7142B2-AE01- AD6D18F646AD CITY OF SOUTH BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2 -83.2 of the South Bend Municipal Code, the Petitioner referred to herein agrees to work with WorkOne Northern Indiana, 851 South Marietta Street, South Bend, Indiana 46601, or its successor agency as a condition of receiving property tax abatement. Great Lakes Capital Development Petitioner's Name Agent's Name Acting on Behalf of the Petitioner Brad Toothaker Contact Person 112 W. Jefferson Blvd. Street Address South Bend, IN 46601 City, State, Zip Code 574- 251 -4400 Business Telephone Number btoothaker @agreatlakescapital.com E -mail Address Signature of Petitioner cc: WorkOne Northern Indiana Chairperson, Community and Economic Development Commi City rtme st offCommunity and Economic Development Filed In CIO& O— � (Rev. 5 /13/11) 7 i i aUG . ....•30"N VJOkDBEND, 11+ CrCY CLERK. SOOT -SEND DocuSign Envelope ID: DBF1C726- DE714282- AE01- AD61)i8F646AD r STATEMENT OF BENEFITS 20 PAY 2D_ REAL ESTATE IMPROVEMENTS 1 Slate FOM$1767(R3r 147] FORM SB -0 /R9al Properly P Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (chock one box): Redevelopment or rehabilitation of real "tale improvements (IC 6.1.1- 12.14) 0 Eligible vacant building (IC 61.1.12.14.8) INSTRUCTIONS: 1. This statement must be submitted to the body designating Me Economic Rovllarsalfon Area prior to the public hearing A the de5lgnalms, body roowms inlOnnalion from fhe aPPflcanl in making its deasion about whefher(o tlesigne(e an Economi Revihlizp(ion Ama. Olharvdse Ihas statement n usl ba submitted 10 (ho designating body BEFORE the redevelopment or mhabflashon otreelpropedy for which the person wishes fO claim a da luclfon. Projects - planned Or commilled to after July 1, 1987. andaraesdesgnalada)Nr Jnlyl, 1987. resume a STATEMENT OF BENEFITS. (IC6.1.1 -12.f) 2. Approval of the deslgnailrlg body (City COumee TO. SOard, Caunry, Council cle.) must be oNalnedprior toImdab'on m oflhe,adorelOpmant PrmhabilRalion, BEFORE o deduction may be approved To obtain a deduction. threlcopon Form 322 ERA/RE or Form 322 ER"SD, Whfchover is applicable, must be Lied with the CountyAudf(or by he tiler Of (1) May 10; or (2) fhfdy (30) days ether the molder, of addition to assessed velvallon or new assessment Is mailed to the propedy owns, of Iha address shown on the records of the township assessor. 4. Property owners whose Statement of Behefils was approved after June 30, 1991, must attach a Farm CF- IlRoal Property annually to the application to show compliance with the Statement 0(Benefils. PC 6.1.1- 11.1.5.1(b) and IC 6- 1.1-1213.30)] 5. The schedules established under !C6-f.1-12.1.4(d)fornhabgReledpmparfy and under lC& 1.1.12.1.4.8(1)lorvacant buildings apply to any slalemenf ofbeneMs appromd on Grafter July 1, 2000. The schedules effective pdorfo July 1, 2000- shall continua 10 apply to a statement o)bane(IS yded before Juh, 1. 2000. Page 1 of 2 Name of taxpayer T2P'1 Q'upMeAatlr<S9 olidxWMr(nulnnof ano elROL tih!H' II w_ ,, l N y 0 Name a /vmle4 Wlaon Rlephond ;ZI1.1 Tde a�Cer 574-Z51.Oj DU aeagmtrg Tway Resoutori mme p, LMJlien pl p�0(wny Lmnty DLGF Memo OeNU number 37 N. M. la. yG Sasd !. Deaatlplim of rem plopeny lmprovu ants, mee proem. on liletion f.amorname'rhama frnamsmry) ELmwNtl LOn tlme (mmlh. day. pet 9 113 Esw W Na cmge4m aau (mo'vh. am yeatt v Z3 IS Cunenlmlmber Salaries a Nmnppr reraNea SaWlea a a NWnper atlm6prW salaMs f'1 I 315 000 9 ,315 UUOi C O NOTE: Pursuant to IC 6-1.142.1- 5.1(d) (2) the COST of the properly REAL ESTATE IMPROVEMENTS is confidential. COST 1 ASSESSED VALUE Current values Z O Plus estimated values of proposes project L 53 O Less values of any property being replaced Net estimated values upon completion of project agg f Estimates ssiid waste wnverted (pounds) Estimated haIDrdp se can un Gtho,benoats Fl! DocvSign Envelope ID: DBF1C726- DE7142B2-AE01- AD6Dl8F646AD Page 2 of 2 We have reviewed our prior actions totaling to the designation of this Economic Revitalization Area and find that the applieanl meets the general standards adopted in the resolution previously approved by (his body. Said resol Won. passed under IC 6 -1.1 -12.1, provides for the following simulations: A. The designated area has been limited to a period of time not to exceed calendar years' (see below). The date this designation expires is S. The type of deduction that is allowed in the designated area is limited lo: 1. Redevelopment or rehabilitation of real estate improvements ❑ Yes ❑ No 2. Residentially distressed areas E) Yes ONo J. Occupancy of a vacant building _ ❑Yes ❑No C. The amount of the deduction applicable is limitetl to 5 D. Other limitations at conditions (specYy) E. The deduction is allowed for years' (see loo i We have also reviewed the information contained in the ststemont of benefits and find that the estimates and expectations are reasonable and have determined that the t0alily of canards is sufficient to justify the deduction described above. Aponmed Isry(olum aM rice Winnionted memMr or de Vm,ng bO y) Tg,hono number Data signed(moah. my, ye0 Alleged by (eb+niewo and Moe or anesler) Deslgnalad b., ' If the designatin body limits the time period during which an area is an economic revitalization area. II does not limit the length of time a axpayer Is emitted to receive a doducton to a number of years designated under ID 6 -1.12- 12.1.4. A. Foneeidem.1s, distressed areas, the ded.cgon period may net.xceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1. 2000. the deduction period Is limited to three (0), six (6). or ten (10) years. Z. If the Economic R.Atelization Area was designated after June 20. 2000. the deduction pence may not exceed ten (10) years. C. For vacant buildings. the deduction period may not exceed two (2) years. Page 2 of 2 DocuSign Envelope 10: DBFt C726 -DE71- 4282- AE01- AD6D1BF646AD Date: August 7, 2013 Dear Tax Abatement Applicant: First, let us take this opportunity to thank you for inquiring about the City of South Bend's commercial real property tax abatement program. Next, we want to make you aware of four important items that will help you in your planning process and setting your construction schedule: - I. State law requires that you do not pull any building permit before receiving approval of your tax abatement petition from the Common Council. If you pull the building permit before receiving Council approval, your petition will not be considered. 2. The Common Council requires a minimum of 15 calendar days to examine your petition and our office requires at (east an additional 15 calendar days to review it and prepare a report to the Council. This period of time could be increased if your property is located in a Redevelopment Area as approved by the South Bend Redevelopment Commission. 3. The current owner or owners of the property for which the tax abatement is being requested must sign the petition. 4. For real estate developments and new construction involving property boundary changes, tax abatement petitions will not be considered for review until after the development or construction project has been submitted for final plat approval. In response to your request, please find the following three forms and handout enclosed that are titled: Statement of Benefits Real Estate Improvements (Fomt SB- 1/Real Property), City of South Bend Petition for Real Property Tax Abatement (application), Workforce Development Services of Northern Indiana (required for only industrial or warehousing projects) and the handout South Bend Tax Abatement Ordinance Overview Procedures and General Standards. The Statement of Benefits, City of South Bend Petition for Real Property Tax Abatement and Workforce Development Services forms are mostly self explanatory, however, please feel free to call us at 574- 235 -9371 should DocuSi6n Envelope ID: DBF1C726 -DEI1 4282- AEOI- AD6D18F"6AD you have any questions. Upon completion of the forms, please return them to the City Clerk's Office in Room 455, County-City Building, 227 W. Jefferson Blvd„ South Bend, IN 46601 along with an application fee of $250.00 made payable to the City of South Bend. We will then be in contact with you regarding the schedule of meetings to complete the abatement process. Once again, thank you for your interest in our program and we look forward to hearing from you. Sincerely, The Economic Division, Community and Economic Development Department City of South Bend m m _ c 3 o'mm.immAWN+ f�' s m . . . . . y pY CN 1�1 1�NN�I�IafbNNN m mmT�NO�N OmiNm ��� N m iO iO iOroiON NNN (qMQ iOmmm`$m �Y$ N 0 0 m m m m �J mN Vm�pfmYN� amok °O +�un c, in Ryz A m > m m n SHE NPR s m m 8 aC. X a" N O NN O N N U iN y 1 N IV U �n U d° U N N N m � S U N iW � U N m m �m q� N N X NU N a �m $ v N m O Q ae 0 m U O m m y; m0 U N m X� z �w 0 s 2 8 g m E ugm''i P fE� m p N 01 m fV ppOpp<o $O? 0 m� Ly S c N Pal :D W p�N 41 0 n S G WOK +� U U o a! 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PO f O N _umP A Z Ni NA N NA N S8 OSBoS - O S m mu4�VUUUtY UfUn _ O' 'o r4'J rp�j N qQy Q 9— H9'`N" @pQ Yn $eNn M 25DSS °� SYaO 0 .Ai WyyV NAVSfPiI O�°'mm (O'ilp0 N NP U uOSO OC O S VuWN0m0�m'Nm VPmS u SOS q �O� 0 S�SS'N r % A° a} < q m o N 10K sm" o v �u�io�c°miux �o� X SEooae ° o o y fdJ $T�!0 O O m010 N QNQ $rlrO sps m e � ASS � a�Sa�' q_ m Vr�Or�.. tmJ 4� N mPN '25 °ior QSQ $OQ�QSQ CO ���+<c X SSEoLX kn ' N N NNSqO °m9S NON O' SQop LiNS C.2 X sV QyV 7S5'T° CT NfJN b NmS � r 0 QNQ N OoSO r se a�O��X NfYq mmo mom � o00o S° N ((1N1��gNqN ONO J N NfQOQj�00O0( OWNS (J(Uu VO�I OS lb Complete below for Real or Personal PropertyTax Abatement only. Please sign for all requested incentives. �Public Benefif'Iteln Information Is required on both the construction companies and the companies which will provide materials purchased for this project. Please complete the table below with the appropriate info rmation.If You qualify for the points, please enter the full amount of available points. - - Quality (Yes or NO) Earned Polnls Available points 1 Constmalon Related (ContractP )- A Employ Local companies (75%) Yea 20 20 B. Purchase Materials from Local companies (75%) Yes 20 20 C Require Employees W. Independent Contactors Yes 18 19 D. Requite Prevailing Wage (Davis Bacon) No 0 22 E. Require Health Benefits Yea 22 22 F. Require Pension Benefits Yea 18 18 G. Maintain Affirmative Action Plan Yes 20 20 Sub -total CCMmuctlon Related: 119 141 2 Waae 88enem Related lawnerl: A Pay Target Wage Levels Yea 33 33 B. Provide Health Benefits Yea 34 34 C Provide Pension Benefits Yea 29 29 D. Provide Training Yes 28 28 E. Provide Chlid Care - No 35 F. Provide transportation Assistance No 14 G. Provide Employer Assisted Housing program No 9 Sub -toml Wage & Benefit Related: 124 162 i Workior[e Related: A Create NewJobs Yes 42 42 B. Retaln Edstinglobs Yes 41 41 C. Maintain Amrmative Action Plan Yes 35 35 0. Provide Targeted Hiring Preference Yes M 34 Subtotal Wodi Related: 152 152 4 SuPOOrta MUnl[IOa1 FatlRtr. A SupportaSBMUniclpal Fadlily(donatknstothe zoo, conservatory, museum, etc) Yes 84 Nameof Fadlity So Band Paft,ZOP, VacanvAWMMed Svb-MUI Municipal Fadliry: as 84 Subtmalfrom Above: 1479 1 539 me uncerslgned owners) 0 real property, located within the City of South Bend, herby petition the Common Council of the City of South Bend for a rest and/prpersonat property tax abatement consideration and pursuant to I.C, 6-1.1. 12.1 -1, ems., and -- South Bend Municipal Code Sec 2 -76 et sea.• for this petition state the above. For Staff Use Only Below This Line WMtl.aearnMawartlrtlwi Ralvnpaty: v«xaw mpmr. WhHha. Peles�ednpmNVMwt wW Vrewrtr: venolw Property. WlW baetap MeynvmberfareN.pro1.G7 What Is ae sh did t wV [5 Cadet masseattaa. Gooale m.pmdrtreetr dthe leutlen. vlw. Orta .anwuntdreelaMperswulpreperlywH paN fq ae bsl flw yun W Kn apdk.bk. Ran lreperryT.xep Par smlp.p ftT.xes: YNrOM reariw. YearlMee Yorepur Yorfhe Please fill out the folloWinS Public Benefit Summary Information and add to totalfrom above. (YOr N1 DIMS pol!d Public Benefit Item: - , :��-• broiect Related. - .. 5 A Redevelopa5ita that has Special Reeds 49 B. Develop Based on local University Research 35 C. Achieve a Physlol Element of a Plan 36 Sub -total Project Related: 0 120 6 Super She Projects foolnt values are cumulaiivel: A 100 7S B. 00% !%!00 299199% 2% 6H C. 300%to 399% 65 D. 1400% and Cver 52 Sub -total Super She Projects: 0 210 T Prvfor MOnkiwllMrartrocture: A. Pay for OVersizing or Up9nciln5 Id B. Pay for2650% pf Extension Cost 26 C. Pry 1of51 -JSX O( E.tenSbn COrt 39 D. IPay for 761004 of Extension Cost 52 Sub -total lMnstructuse Related: 0 131 ToW from Applk et Section: 479 539 Totalfrom5taff5ectim. 0 afil TMIPubuceenempdMX 1 1479 1000 RESOLUTION SUPPORTING THE FULL EXPANSION OF MEDICAID IN INDIANA THROUGH THE AFFORDABLE CARE ACT WHEREAS, Indiana ranks poorly in measures of health. We are 41st out of all 50 States in overall health, with our position falling four spots since 2011., We are a disgraceful 47th in infant mortality? WHEREAS, Within Indiana, St. Joseph ranks 43'a out of all Indiana counties in overall health.3 Also, St. Joseph County's obesity and smoking rates are higher than goal rates set by the Indiana State Health Improvement Plan;9 WHEREAS, Under the federal Patient Protection and Affordable Care Act (ACA), States have a choice to allow access to health insurance coverage through the Medicaid program for residents living under 138% of the Federal Poverty Level (currently $27,310 per year for a family of three). Expanded Medicaid would cover screenings, doctor visits, prescriptions, dental and vision, mental health, and hospitalizations; WHEREAS, Because Indiana ranks poorly in measures of overall health, when considered in relationship to most other States, Indiana stands to gain more relative to other States in improved health outcomes by expanding Medicaid; WHEREAS, There are 801,000 uninsured Hoosiers. Approximately 182,000 of these uninsured Hoosiers do not qualify for traditional Medicaid and earn too little to be eligible for subsidies to purchase insurance in the Indiana Health Insurance Exchanges These are primarily working adults ages 19 -64 who work in retail, education, temporary agencies, home health, childcare, and other jobs with lower wages and minimal benefits. Many are working more than one job. Without access to some version of Medicaid, these Hoosier neighbors will continue to have no option for health insurance; WHEREAS, An estimated 13,700 uninsured veterans in Indiana could qualify for the Medicaid expansion;,, WHEREAS, The Medicaid expansion is 100% federally funded for the first three years (2014- 2016) and at least 90% federally funded thereafter. The cost to Indiana taxpayers has been estimated to be between $50 and $150 million per yearr (this compares to Indiana's current annual cost of $1.9 billion for traditional Medicaid);" WHEREAS, The State share of the cost of Medicaid expansion can be completely covered by other savings. The State currently collects cigarette taxes designated for the Healthy Indiana Plan (HIP). In 2013, these taxes amounted to $122.9 million; furthermore, the balance of the HIP trust fund is currently $320.2 million.9 These sources of HIP revenue alone would cover the State's share of Medicaid expansion. Any costs of expansion must be considered alongside expansion's savings, such as savings to off -site prisoner health expenses and the cost of the Indiana Comprehensive Health Insurance Association (the "high risk pool," which is being phased out);'" WHEREAS, Costs are also outpaced by potential revenue. The federal share for Medicaid expansion would mean $10.5 billion in revenue coming into Indiana through 2020 at a rate of $1.5 billion a year. Spending by the federal government on Medicaid expansion would generate an estimated $2.4 to $3.4 billion in new economic activity in Indiana from 2014 to 2020, which could finance over 30,000 jobs through 2020. If Medicaid expansion would increase State and local tax revenue by $108 million a year; 12 WHEREAS, Uncompensated care cost Indiana hospitals nearly $3 billion in 2011 ($1.7 billion in uncompensated care, plus $1.2 billion in bad debt). A recent study determined that Medicaid expansion would reduce the amount of uncompensated care provided in Indiana by $2 billion from 2014 - 2019.13 If Indiana does not move forward to maximize coverage, planned Medicare payment cuts under the ACA could lead to the closure of Indiana hospitals, which would reduce access for patients and eliminate high - paying jobs in communities across the State. Indeed, Indiana hospitals are already announcing layoffs;1+ WHEREAS, Indiana is positioning itself to be a leader in health care, biotech, and life sciences industries. Expanding Medicaid will strengthen these industries by providing greater access to health care for those who would not otherwise seek it, thereby creating a greater demand for health - related services and products; WHEREAS, By declining to expand Medicaid, Indiana sends the message that we are hostile to the needs of some of our State's most vulnerable residents -an unfriendly message that could incentivize some residents and businesses to leave the State and may discourage others from locating here; WHEREAS, The Healthy Indiana Plan currently covers approximately 39,000 people, and does not meet the minimum requirements of the ACA in several areas, including pregnancy or dental care, the provision of annual ($300,000) and lifetime (S 1 million) financial caps on coverage, and caps on enrollment.15•1 6 This presents significant problems with using HIP as a vehicle for Medicaid expansion; WHEREAS, All the States surrounding Indiana- Kentucky, Ohio, Michigan, and Illinois- have already elected to expand Medicaid, making us "an island of the uninsured." 17 Other States that have expanded Medicaid include: Washington, Oregon, California, Nevada, Arizona, New Mexico, Colorado, North Dakota, Minnesota, Iowa, Arkansas, West Virginia, Maryland, Delaware, New Jersey, New York, Connecticut, Rhode Island, Massachusetts, Vermont, and the District of Columbia; WHEREAS, As Indiana lawmakers have forfeited Medicaid expansion for 2014, this year, Indiana taxpayers' federal tax payments will be applied toward the expansion of Medicaid in ocher States; WHEREAS, A recent study of the Oregon Medicaid Experiment found that Medicaid coverage decreased rates of depression, increased use of preventative services, and nearly eliminated catastrophic- out -of pocket medical expenditures;'" WHEREAS, A recent study in the Nero England Joanna/ of Medicine concluded that for every 176 adults covered under expanded Medicaid, one death per year could be prevented.19 In 2010, there were 499 deaths in Indiana due to lack of health care coverage among persons age 25 -64; =0 WHEREAS, Illness and medical bills are the cause of 62% of personal bankruptcies nationally.21 In 2004 there were 55,177 bankruptcy filings in Indiana with 27,782 classified as medically related - -this translates into approximately 106 medical bankruptcy filings every business day.22 Another study found that a 10% expansion of Medicaid eligibility has been shown to reduce bankruptcies by 8 %;23 WHEREAS, Governor Pence has thus far declined to expand Medicaid through the ACA, essentially rationing healthcare for poor working Hoosiers; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, THAT: Section I. The expansion of Medicaid would be the largest increase in healthcare coverage in the State of Indiana since the initiation of Medicaid and Medicare in 1965. We call on the Governor to move forward as quickly as prudently possible to fully expand Medicaid under the requirements of the Affordable Care Act, in Order to benefit all people in Indiana. It is the right thing to do morally and financially, for patients and healthcare providers, and for children and their parents. Section II. We direct the City Clerk to send a copy of this Resolution, duly adopted, to the Governor of Indiana and to members of the Indiana General Assembly representing South Bend. Section III. This Resolution shall be in full force and a Tomaer its adoption by the Council and approval by the Mayor. Council Member Henry Davis, Jr., 2 nd District South Bend Common Council Council Member Valerie Schey District South Bend Common Council Council President Oliver J. Davis South Bend Common Council John Voorde, City Clerk 'tlOT APPP,OYED A DOP'FE D Dr. Fred Ferlic, 4`" District Council Member South Bend Common Council Wagw —'Ayg/ wlor Mark Neal, Deputy Mayor City of South Bend, Indiana Sled in Clarks his °s' "_ CITYCLER SCUTft' -:N ftt REFERENCES [11 D. Goldblatt, Indiana Public Media, 12/11/12, "Report Ranks Indiana Among Ten Least Healthy States" http: / /indianapublicmedia .org /news/indiana- ranks -ten- worst - states- health- 41524/ [2] V. Renderman, Northwest Indiana Times, 8/6/13, "Health commissioner: Indiana infant mortality rate is 'horrible "' http://www.nwitimes.com/bnsiness/healthcam/health- commissioner - indiana- infant - mortality - rate -is- horrible /article le6b99d9- c6d8 -Sffa- 6569 4ff83b613223.html [3] County Health Rankings and madmaps, hitp: / /www.CounO,alth,nkings. org / app / indiana / 2012 /=kings/Outcomcs/ovcmlVby -rank [4] Indiana Indicators, hop:// indianaindicators .org/CountyDashboard.as'px ?c =141 [5] Kaiser Family Foundation, "How will the uninsured in Indiana fare under the Affordable Care Act ?" January 6, 2014 htII27//kff.org/health-mfom/fact-sheet/state-profil (I-U.der-aca-indianaI [61 The Pew Charitable Trusts, "A quarter - million uninsured vets will miss out on Medicaid expansion." May 29, 2013, http: / /www.pewstates. org /projecls /statelincMCadlines /a- quarter- million - uninsured- vets -will- miss - out -on- medicaid -ex - 85899479107 [7] J.K. Wall, Indianapolis Business Journal, 11/26/12, "Medicaid expansion could cost S54M a year" Into //w .ibi.com/medicaid-expansign-could st 54m /PARAMS/ n' 1 / S122 [8] Indiana State Budget Agency, 2011 -2013 budget: Health and Human Services- btIN//www. in uov/ b /fl s/a 2011 c 6 5 hhs data odf [91 Indiana State Budget, Health and Human Services: lumW,,ww.iu-yov/sba1fiIet1m, 2009 c 6 5 hhs data.mlf [10] Indiana Comprehensive Health Insurance Association ( ICHIA): http : /iwww.onlinehealthplan.com/ [I 111 Simpson el al, "Medicaid Expansion in Indiana" February 2013, Indiana Hospital Association httos: / /www ihaconncct ore /In 'eht'D t 'S I R n PIRA REPORT Medicaid Ex Indiana FEB 2013 df [12] Indiana Hospital Association, Facts about Coverage Expansion: htips: / /www.ihaconncct, org/ Advocacy /Pages /C'Ovcrdgc- Expansion.aspx [131 Buettgens M, Dom S, Carroll C. "Consider Savings as well as Costs: State Governments Would Spend at Least $90 Billion Less with the ACA than without It from 2014- 2019." Washington, DC: The Urban Institute/Robert Wood Johnson Foundation; July 2011. http: / /www. urban. org /uploadedpdf /412361- consider- savings.pdf. [14] 1 Stimpson el n( "Medicaid Expansion in Indiana" February 2013, Indiana Hospital Association turns :' /wwty ihaconncct ori,/I Ic ght U t.S I R n 'IHA REPORT Medicaid Expansion Indiana FEB 2013 odf [15] A Gates el al, Kaiser Family Foundation, 12/18/13," Healthy Indiana Plan and the Affordable Cam Act" hilp:/,'kfforg /medicaid/ fact- shecvhcalthy- indiana -plan- and - the - affordable- care -act /, [16] Healthy Indiana Plan, Home: httP:/ ;www.in.gov /fssa!hip /index.htnr [171 S. Kennedy, 11/19/13, "Our Own Desert Island" hop: / /sheilakennedy.neU2013 /I I /our - ownAesen- island/ [18] K Baicker el al. "The Oregon Experiment - Effects of Medicaid on Clinical Outcomes." New England Journal of Medicine. May 2, 2013, http: / /www.ncjm. org /doilpdf /10.1056/NEIMsa 1212321 [19] BD Sommers el ah "Mortality and access to care among adults after state Medicaid expansions. Neiv EngrJ Ned 2012,367: 1025 -1034. doi: 10.1056MEJMsa 1202099." [201 K Bailey, Dying for Coverage: The Deadly Consequences of Being Uninsured Washington, DC: Families USA; 1012. [2 1] D Himmclstcin er al "Medieal Bankruptcy in the United States, 2007: Results of a national study" American Journal of Medicine. June 4, 2009 [22] Information provided by Dr Himmclstcin, lbid hl!Rl /w nnhn or,./b k t /st t by t t ndf [231 T Gross and M Notowidigdo. "Health insurance and the consumer bankmptcydccision: evidcdeFff ed in Clark S J t expansions of Medicaid. J Public Econ. 95: 767 - 778. doi :10.1016 /j.jpubeco.2011.01.012. 't" 1 I L01 4 CITY CLEfik „.Salt » _F;Itsn, BGi City of South B end '5�3ano� Common Council 1865 441 County -City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Oliver J. Davis President (574) 235 -9321 Fax (574) 235 -9173 http: / /www.southbendin.gov Derek D. Dieter Vice - President Valerie Schey March 4, 2014 Chairperson, CommirtMembers of the Common Council of the Whole 4th Floor County -City Building Tim Scott South Bend, IN 46601 First District Dear Council Members: Henry Davis, Jr. Second District I am attaching this letter to the proposed resolution to encourage our State Valerie Schey officials and current Governor to expand insurance coverage throughout the Third District entire state through the American Health Care Act (ACA). Currently, the State of Indiana has chosen not to participate in the expansion of Medicaid. Fred Ferlic Fourth District Under the ACA, States may choose to expand Medicaid to Hoosiers living under Y 138% of the Federal Poverty level, therefore providing healthcare coverage to David Varner those residents who do not qualify for traditional Medicaid, but who earn not Fifth District enough to be eligible for subsidies to purchase health insurance in the Indiana Health Insurance Exchange. Oliver J. Davis Sixth District Expanded Medicaid would cover health screenings, doctor visits, prescriptions, Derek D. Dieter dental and vision, mental health and economic benefits to the State and its At Large residents. By 2020, Medicaid expansion will bring in $10.5 billion to the State and will spur the creation of approximately 30,000 jobs in Indiana. Gavin Ferlic At Large I look forward to your favorable support on this measure. Karen L. White At Large Re rds Henry Davis, Jr Valerie Schey Oliver J. Davis Dr. Fred Ferlic (�;J\ 0 "), 11 --LL RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND SUPPORTING THE RAISING FAIR MINIMUM WAGES AT THE FEDERAL, STATE AND LOCAL LEVELS *Am", the South Bend Common Council notes that on February 12, 2014, President Barack Obama issued a 3 -page Executive Order establishing minimum wages for contractors and subcontractors, with it being issued in the interest of promoting "economy and efficiency "' and 70ow", that Executive Order addresses contactors and subcontractors who do business with the federal government, and increased the hourly minimum wage to $10.10 effective January 1, 2015; and beginning on January 1, 2016, the Secretary of Labor is required to publish a new minimum wage based on the Consumer Price Index for Urban Wage Earners and Clerical Workers as determined by the Bureau of Labor Statistics; and *Am", the current minimum wage under the federal Fair Labor Standards Act is $7.25 per hour, which results in a full -time employee earing $15,000 per year; which is below the federal poverty line; and *Akm", currently there are twenty -one (21) states who have their individual state's minimum wages above the federal rate; and it is reported that 76% of workers earning at or near the federal minimum wage are adults who are disproportionately women and people of color; and 1 Am", Senate Bill No. 460 entitled the "Fair Minimum Wage Act of 2013" was introduced on March 5, 2013, and is currently pending in the U.S. Senate's Committee on Health, Education, Labor and Pensions. It calls for the minimum wage to be raised from $7.25 to $8.20 beginning the first day after the 3`d month after the Bill becomes law: and one (1) year thereafter being raised to $9.15 and then raised to $10.10 an hour two (2) years thereafter, with subsequent raises thereafter being based on the Consumer Price Index by the Secretary of Labor. The Bill proposes to raise the minimum wage for tipped employees from $2.13 to $3.00 the 3`d month after the Bill becomes law: with a formula being used for increase at the one (1) year; two (2) years and subsequent increase thereafter; and W*m", it has been reported that if Senate Bill No. 460 is passed by Congress that more than 27 million Americans would benefit; that more than $22 billion in GDP would be generated, increasing consumer spending and boosting the demand for goods and services in our local economies. Section I. The Common Council supports the Fair Minimum Wage Act, which would raise and index the federal minimum wage to restore it to its historic value and raise the subminimum wage for tipped workers, and calls upon Congress to pass this legislation and send it to the President for signature. Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. - �Rc- Council Member Henry Daw , Jr. 2nd District Council Member Valerie Schey 3`" District Council Member Dr. Fred Ferlic 4"' District Council President, Oliver J. Davis 6t" District Attest: John Voorde, City Clerk Mark Neal, Deputy Mayor City of South Bend, Indiana PKEKNTED NOT APPROVED ADOPTED led in C6lex"La°': r r. - 5 21114 Lf_ _3 Jolln. CITY CLERK, aCluTiq EMI), IP3 Oliver J. Davis President Derek D. Dieter Vice - President Valerie Schey 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 March 5, 2014 City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd (574) 235 -9321 South Bend, Indiana 46601 -1830 Fax (574) 235 -9173 htrp: //w .southbendin.gov Members of the Common Council 0 Floor County -City Building South Bend, Indiana 46601 Dear Council Members: Re: Minimum Wage Resolution We are pleased to introduce for your consideration the attached Resolution which calls for action by the U.S. Congress addressing raising of the minimum wage. So that you have relevant and current background information, we are attaching a copies of the following documents: President Obama's Executive Order which he issued on February 12, 2014, along with the 2 -page "Fact Sheet: Opportunity for All" Rewarding Hard Work" which was issued by the White House that same day; Senate Bill No. 460 which was introduced by Senator Tom Harkin of Iowa on March 5, 2013 and now has thirty-three (33) co- sponsors; and At the current federal minimum wage of $7.25 per hour, a full -time employee would earn over the course of a year at total of $15,000 which is below the federal poverty line. Tipped employees have not had an increase sing; 1991, and still labor at the federal hourly rate of only $2.13. We request that this Bill be referred to the Personnel and Finance Committee and set for public hearing at the March 10th Common Council meeting. Karen L. White S' Cer At Large H v Jr. 2 "d District o cil er Oliver J. Davis Council President Valerie Schey 3`d District Council Member Dr. Fred Ferlic 40' District-eounc-i13blember -. - - sled in Clam;'. L10,04 „ CITY CLERK, Executive Order -- Minimum Wage for Contractors I The White House Home • Briefing Ronan • Presidential Actions • Eveculiee Orders The White House Office of the Press Secretary For Immediate Release February 12, 2014 Executive Order -- Minimum Wage for Contractors EXECUTIVE ORDER ESTABLISHING MINIMUM WAGE FOR CONTRACTORS By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Property and Administrative Services Act, 40 U.S.C. 101 et seq., and in order to promote economy and efficiency in procurement by contracting With sources who adequately compensate their workers, it is hereby ordered as follows: Section 1. Polity. This order seeks to increase efficiency and cast savings in the work performed by parties who contract with the Federal Government by increasing to $10.10 the hourly minimum wage paid by those contractors. Raising the pay of low -wage workers increases their morale and the productivity and quality of their work, lowers turnover and its accompanying costs, and reduces supervisory costs. These savings and quality improvements will lead to improved economy and efficiency in Government procurement. Sec. 2. Establishing a minimum wage for Federal contractors and subcontractors. (a) Executive departments and agencies (agencies) shall, to the extent permitted by law, ensure that new contracts, contract-like instruments, and solicitations (collectively referred to as "contracts'), as described in section 7 of this order, include a clause, which the contractor and any subcontractors shall incorporate into lower -tier subcontracts. specifying, as a condition of payment, that the minimum wage to be paid to workers, including workers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c), in the performance of the contract or any subcontract thereunder, shall be at least: (1) $10.10 per hour beginning January 1, 2015: and 00 beginning January 1, 2016, and annually thereafter, an amount determined by the Secretary of Labor (Secretary). The amount shall be published by the Secretary at least 90 days before such new minimum wage is to take effect and shall be (A) not less than the amount in effect on the date of such deternination; (B) increased from such amount by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (United States city average, all items, not seasonally adjusted), or its successor publication, as determined by the Bureau of Labor Statistics; and (C) rounded to the nearest multiple of $0.05. (b) In calculating the annual percentage increase in the Consumer Price Index for purposes of subsection (a)(6)(B) of this Seaton, the Secretary shall compare such Consumer Price Index for the most recent month, quarter, or year available (as selected by the Secretary prior to the first year for Which a minimum wage is in effect pursuant to subsection (a)(ii)(B)) With the Consumer Price Index for the same month in the preceding year, the same quarter in the preceding year, or the preceding year, respectively, (c) Nothing in this order shall excuse noncompliance With any applicable Federal or State prevailing wage law, or any applicable law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this order. See. 3. Application to Upped workers. (a) For workers covered by section 2 of this order Who are Upped employees pursuant to 29 U.S.C. 203(1), the hourly cash Wage that must be paid by an employer to such workers shall be at least Page 1 of 3 CM Email Updates — Cents&Us Search WhimHouse.gov Sea,, It WHITE aoU$ESHABEARL" LATEST BLOG POSTS March 04, 2014 6'.18 PM EST The First lady Honors International Women of Courage First Lady Michelle Obama joins Deputy Secretary of Stale Heather Higginbo tom at the Department of State to honor recipients of the Intemational Women of Courage Award. March 04, 2014 2:02 PM EST President Obanla Announces His 2035 Budget President Obama's 2015 budget provides a "roadmap' for the agenda he laid out in his State of the Union address to restore opportunity for all Americans. Mardi 03. 2014 2:19 PM EST President Obama to Participate in a Townhall on Latinos and the Affordable Care Act The lownhall with President Obama will provide an opportunity for Latinos across the country to learn more about how to enroll in affordable, quality health care via the Health Insurance Marketplace. VIEW ALL RELATED BLDG POSTS 9 Facebook youTube Twitter Vimeo Flickr iTunes Googlet Linkedrn http: / /www.whitehouse.gov /the - press - office/ 2014 /02/12/ executive - order - minimum - wage -co... 3/5/2014 Executive Order -- Minimum Wage for Contractors I The White House Page 2 of 3 (1) $4.90 an hour, beginning on January 1, 2015 00 for each succeeding 1 -year period until the hourly cash wage under this section equals 70 percent of the wage in effect under section 2 of this order for such periotl, an hourly cash wage equal to the amount determined under this section for the preceding year, increased by the lesser of: (A) $0.95; or (B) the amount necessary for the hourly cash wage under this section to equal 70 percent of the wage under section 2 of this order; and (iii) for each subsequent year, 70 percent of the wage in effect under section 2 for such year rounded to the nearest multiple of $0.05. (b) Where workers do not receive a sufficient additional amount on account of tips, when combined with the hourly cash wage paid by the employer, such that their wages are equal to the minimum wage under section 2 of this order, the cash wage paid by the employer, as set forth in this section for those workers, shall be increased such that their wages equal the minimum wage under section 2 of this order. Consistent with applicable law, if the wage required to be paid under the Service Contract Ad, 41 U.S.C. 6701 e seq., or any other applicable law or regulation is higher than the wage required by section 2, the employer shall pay additional cash wages sufficient to meet the highest wage required to be paid. Sec. 4. Regulations and Implementation. (a) The Secretary shall issue regulations by October 1, 2014, to the extent permitted by law and consistent with the requirements of the Federal Property and Administrative Services Act, to implement the requirements ofthis order, including providing 3 exclusions from the requirements set forth in this order where appropriate. To the extent permitted by taw, within 60 days of the Secretary issuing such regulations, the Federal Acquisition Regulatory Council shall issue regulations in the Federal Acquisition Regulation to provide for inclusion of the contract clause in Federal procurement solicitations and contracts subject to this order. (b) Within 60 days of the Secretary issuing regulations pursuant to subsection (a) of this section, agencies shall lake steps, to the extent permitted by law, to exercise any applicable authority to ensure that contracts as described in section 7(d)(i)(C) and (D) of this order, entered into her January 1, 2015, consistent with the effective dale of such agency action, comply with the requirements set forth in sections 2 and 3 of this order. (c) Any regulations issued pursuant to this section should, to the extent practicable and consistent with section 8 of this order, incorporate existing definitions, procedures, remedies, and enforcement processes under the Fair Labor Standards Act, 29 U. S. C. 201 e t seq.; the Service Contract Act, 41 U.S.C. 6701 e t seg.; and the Davis -Bacon Act, 40 U.S.C. 3141 et seq. Sec. 5. Enforcement. (a) The Secretary shall have the authority for investigating potential violations of and obtaining compliance with this order. (b) This order creates no rights under the Contact Disputes Act. and disputes regarding whether contractor has paid the wages prescribed by this order, to the extent permitted by law, shall be disposed of only as provided by the Secretary in regulations issued pursuant to this order. Sec. 6. Severability. If any provision of this order, or applying such provision to any person or circumstance, is held to be invalid, the remainder of This order and the application of the provisions of such to any person or circumstance shall not be affected thereby. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an agency or the head thereof. or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedure), enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, IS officers, employees, or agents. or any other person.4 (d) This order shall apply only to a new contract or contract -like instrument, as defined by the Secretary in the regulations issued pursuant to section 4(a) of this order. if: (i) (A) it is a procurement contract for services or construction; (B) it is a contract or contract-like instrument for services covered by the Service Contact Act http: / /www.whitehouse.gov /the - press - office /2014/02/12/ executive- order- minimum - wage -co... 3/5/2014 Executive Order -- Minimum Wage for Contractors I The White House Page 3 of 3 (C) it is a contract or contmct-like instrument for concessions, including any concessions contract excluded by Department of Labor regulations at 29 C.F.R. 4.133(b); or (D) it is a contract or contract -like instrument entered into with the Federal Government in connection with Federal property or lands and related to offering services for Federal employees, their dependents, or the general public; and (ii) the wages of workers under such wall or contrad -like instrument are governed by the Fair Labor Standards Ad, the Service Contract Act, or the Davis -Bacon Act. (e) For central or contract-like instruments covered by the Service Contract Act or the Davis -Bacon Act, this order shall apply only to contracts or contract -like instruments at the thresholds specified in those statutes. For procurement contracts where workers' wages are governed by the Fair Labor Standards Act, this order shall apply only to contracts or contract-like instruments that exceed the micro - purchase threshold, as defined In 41 U.S.C. 1902(a), unless expressly made subject to this order pursuant to regulations or actions taken under section 4 of this order. (f) This order shall not apply to grants; contracts and agreements with and grants to Indian Tribes under the Indian Self - Determination and Education Assistance Act (Public Law 93 -638), as amended; or any contracts or contract. like instruments expressly excluded by the regulations issued pursuant to section 4(a) of this order. (9) Independent agencies are strongly encouraged to comply with the requirements of this order Sec. 8. Effective Date. (a) This order is effective immediately and shall apply to covered contracts where the solicitation for such contract has been issued on or after: (1) January 1, 2015, consistent with the effective date for Me action taken by the Federal Acquisition Regulatory Council pursuant to section 4(a) of this order; or (ii) for contracts where an agency action is taken pursuant to section 4(b) of this order, January 1, 2015, consistent with the effective date for such action.5 (b) This order shall not apply to contracts or contract-like instruments entered into pursuant to solicitations issued on or before the effective date for the relevant action taken pursuant to sedion 4 of this order. (c) For all new contracts and contract-like instruments negotiated between the date of this order and the effective dates set forth in this section, agencies are strongly encouraged to take all steps that are reasonable and legally permissible to ensure that individuals working pursuant to those contracts and contract -like instruments are paid an hourly wage of at least $10.10 (as set forth under sections 2 and 3 of this order) as of the effective dates set forth in this section. BARACK OBAIv1A .. . eA li 1 1 i 11 O , rlA En eapaibl Accessiai!Xy Copyr,hl lnrormalion Pnvacy Policy eanlaO USAgov Nll lle Applylora JOE http: / /www.whitehouse.gov /the- press -office /2014/02/12/ executive - order - minimum - wage -co... 3/5/2014 FACT SHEET - Opportunity For All: Rewarding Hard Work I The White House Pagel of 2 Hnrve • Briefing Room • Stoternwus 6, Releases The White House Office of the Press Secretary For Immediate Release February 12, 2014 FACT SHEET - Opportunity For All: Rewarding Hard Work Raising the Minimum Wage through Executive Order to $1010 for Federal Contmot Workers 6 Calling on Congress to Finish the Job for All Workers by Passing the Harkin - Miller Bill Today, continuing to fulfill his promise to make 2014 a year of argon, the President will sign an Executive Order to raise the minimum wage to $10.10 for federel contract workers, The Executive Order the President will sign today will benefit hundreds of thousands of people working under contracts with the federel government who are making less than $10.10 an hour. It will also improve the value mat taxpayers are getting from the federal government's investment. Studies show that boosting low wages will reduce turnover and absenteeism, while also boosting morale and improving me incentives for workers, leading to higher productivity overall. These gains improve me quality and efficiency of services provided to the govemment. In his State of the Union Address, President Chains pledged to both take executive action wherever he can and work with Congress to increase opportunity for all Americans. Consistent with that pledge, the President will continue to work with Congress to finish the job to raise the minimum wage for all Americans and pass the Harkin - Miller bill so that all workers can be paid at least a $10.10 minimum wage. Details of the Executive Order • The Executive Order will raise the minimum wage to $10. 10 effective for new contracts beg inning Januaryl,2015. The higher wage will apply to new contracts and replacements for expiring contracts. Boosting Wages will lower turnover and absenteeism, and increase morale and productivity overall. Raising wages for those at me bottom will improve the quality and efficiency of services provided to the government. • Benefits hundreds of thousands of hardworking Americans. There are hundreds of thousands of people working under contracts with the federal govemment to provide services or construction who are currently making less than $10.10 an hour. Some examples of the hardworking people Who Would see their Wages go up under this Executive Order include nursing assistants providing Gore to our veterans at nursing homes. concessions workers in National Parks, people serving food to our troops, and individuals With disabilities working to maintain the grounds on military bases. Includes an increase in the tipped minimum wage. This executive order also includes provisions to make sure that Upped workers earn at least $10.10 overall, through a combination of tips and an employer contribution. Employers are currently required to pay a minimum base Waage of $2.13 per hour, a base that has remained unchanged for over twenty years, and its workers tips do not add up to the minimum wage, the employer must make up the difference. Under the Executive Order, employers are required to ensure that Upped workers earn at least $10.10 an hour. The Executive Order requires mat employers pay a minimum base wage of $4.90 for new contracts and replacements for expiring contracts put out for bid after January 1, 2015. That amount increases by 95 cents per year until it reaches 70 percent of the regular minimum wage, and if a workers tips do not add up to at least $10.10, the employer will be required to pay the difference. Covers individuals with disabilities. Under current law, workers whose productivity is affected because of their disabilities may be paid less man the wage paid to others doing the same job under certain specialized certificate programs. Under this Executive Omer, all individuals working under service or concessions contracts with the federal government will be covered by the same $10.10 per hour minimum Wage protections. Improves value for the federal govemment and taxpayers. One study showed that when Maryland passed its living wage law for companies co mulling with the gate. mere was an increase in the number of contractors bidding and higher competition can help ensure better quality. The increase will take effect for new contracts and replacements for expiring contracts put out for bid after me effective date of the order, so contractors will have time to prepare and price their bids accordingly. Contin u'no to Work With Congress, State. and Localities to Help All Workers The President is using his executive authorty to lead by example, and Will continue to work with Congress to raise the minimum Wage for all Americans by passing the Harkin - Miller bill. The bill would raise the Federal minimum Get Email Updates _ Contact Us Search White House.gov ticarrh MMne a009f SMRUBLea LATEST BLDG POSTS Marti 06, 2014 6:19 PM EST The First lady Honors International Women of Courage First Lady Michelle Obama joins Deputy Secretary of State Heather Higginbotlom at the Department of State to honor recipients of me International Women of Courage Award. Marti 04. 2014 2 02 PM EST President Obama Announces His 2015 Budget President Obama's 2015 budget provides a - roadmap• for the agenda he laid out in his State of the Union address to restore opportunity for all Amercans. Marty 03, 2014 219 PM EST President Obama to Panicipate in a Towmhall on Latinos and the Affordable Care Act The trawohall with President Chains will provide an opportunity for Latinos across the country to learn more about how to enroll in affordable, quality health Game via the Health Insurance Marketplace. VIEW ALL RELATED SLOG POSTS e Facebaak you'rube Twiner Vimeo Flickr !Tunes Goagle+ Linkedln http: / /www.whitehouse -gov /the- press - office/ 2014 /02/12/ fact - sheet - opportunity - all - rewardin... 3/5/2014 FACT SHEET - Opportunity For All: Rewarding Hard Work I The White House Page 2 of 2 wage for working Americans in stages to $10.10 and index it to inflation thereafter, while also raising the minimum wage for tipped workers for the first time in over 20 years. The President will also continue to support and encourage state, local and private sector efforts to increase wages and help more working families. • Businesses like Costco have supported past increases to the mIn[mum wage because it helps build a strong workforce and profitability over the long run. Low wages are also bad for business, as paying low wages lowers employee morale, encourages low productivity, and leads to frequent employee tumover —all of which impose costs. • Across the country, Americans are saying It's time to raise the minimum wage. The President believes that it's time for action, and people across the country agree. Since the President called for an increase in the minimum wage in last year's State of the Union, five states have passed laws increasing their minimum wage. And many businesses, from small businesses to large corporations, see higher wages as the right way to boost productivity and reduce turnover and therefore boost their profitability. • Raising the minimum wage is good for government, good for business and workers and key to a stranger economy. A range of economic studies show that modestly raising the minimum wage increases earnings and reduces poverty without jeopardizing employment. Higher wages can also boost productivity, increase morale, reduce costs and improve efficiency. • Raising the minimum wage will make sure no family of four with a full -time worker has to raise their children in poverty. It has been seven years since Congress last acted to increase the minimum wage and, adjusted for inflation, today the real value of minimum wage is roughly the same as what it was in the 1950s, despite the fact that the typical American family's income has doubled since then. And right now a full -time minimum wage worker makes $14,500 a year, which leaves too many families struggling to make ends meet. Even after accounting for programs like the Earned Income Tax Credit, a family of four supported by a minimum wage worker still ends up living below the poverty line. • Indexing the minimum wage to inflation would help lower- income workers keep up in the future. Since it was first established in 1938, the minimum wage has been increased 22 times, but was eroded substantially over severe) prolonged periods between increases because of inflation. Indexing would prevent a repeat of the 34 percent decline in the real value of the minimum wage from 197810 1989 and the 19 percent decline in real value from 1998 to 2006, as well as the 40 percent decline in the real value of the base wage for tipped workers since it was last raised in 1991. Last year alone, workers coming the minimum wage basically got the equivalent of a $200 pay wt because the minimum wage stayed the same while the cost of living went up. Democrats and Republicans agree that indexing the minimum wage to inflation would ensure that working families can keep up with expenses. Unfortunately. those families will continue suffer if Congress continues to not ad. Helping parents make ends meet Around 60 percent of workers who would benefit from a higher minimum wage are women. Less than 20 percent are teenagers. Also, those workers who would benefit from an increase in the minimum wage brought home 46 percent of their households total wage and salary income in 2011. Raising the minimum wage directly helps parents make ends meet and support their families. En eaparwl AV.essibilily Copyrgal lnlorma� ion Privacy PO:iry Con1aG USA.gov Derelop, Apptylota Job http: / /www.whitehouse.gov /the - press - office/ 2014 /02/l2/ fact - sheet - opportunity - all - rewardin... 3/5/2014 US SB460 12013-2014 1113th Congress I LegiScan O�L,EcG C.A US SB460 1 2013 -2014 1 113th Congress US Congress Senate Bill 460 Page 1 of 2 Status Status: Introduced on March 5 2013 - 25% progress Action: 2013 -03 -05 - Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR 51132) Pending: Senate Health, Education, Labor, And Pensions Committee Text: Latest bill text (Introduced) [PDF] Summary Fair Minimum Wage Act of 2013 - Amends the Fair Labor Standards Act of 1938 (FLSA) to increase the federal minimum wage for employees to: (1) $8.20 an hour on the first day of the third month after the enactment of this Act; (2) $9.15 an hour after one year; (3) $10.10 an hour after two years; and (4) the amount determined by the Secretary of Labor (based on increases in the Consumer Price Index) after three years, and annually thereafter. increases the federal minimum wage for tipped employees to $3.00 an hour for one year on the first day of the third month after the enactment of this Act. Provides a formula for subsequent annual adjustments of the wage increase to ensure that it remains equal to 70% of the wage in effect under FLSA for other employees. Directs the Secretary of Labor, 60 days before any increase in the minimum wage, to publish it in the Federal Register and on the Department of Labor's website. Title Fair Minimum Wage Act of 2013 Sponsors Sen Harkin, Tom Sen Baldwin, Tammy Sen Begich, Mark Sen Blumenthal, Richard Sen Boxer, Barbara Sen Brown, Sherrotl _ Sen Cantwell, Maria Sen Cardin, Benjamin L '. Sen Casey, Robert P., - - -. Jr Sen Cowan, William M. Sen Durbin, Richard Sen Franker, AI Sen Gillibrand, Kirsten " -Hir _ - - E Sen Heinrich, Martin Sen Hei[kamp, Heidi Sen Hirono, Mazie K. - Sen Klobuchar, Amy Sen Lau[enberg, Frank R Sen Leahy, Patrick ]. Sen Levin, Carl , Sen Markey, Edward J. Sen Merkley, Jeff Sen Mikulski, Barbara A. Sen Murphy, Christopher S. Sen Murray, Patty Sen Reed, Jack Sen Rockefeller, John D., IV Sen Sanders, Bernard Sen Schatz, Brian Sen Schumer, Charles E. Sen Stabenow, Debbie Sen Warren, Elizabeth Sen Whitehouse, Sheldon Sen Wyden, Ron History Date ! Chamber Action 2013 -03 -05 Senate Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR 51132) 2013 -03 -05 Senate Sponsor introductory remarks on measure. (CR 51131 -1132) Same As /Similar To HB1010 (Same As) 2014 -02 -26 - Motion to Discharge Committee filed by Mr. Bishop (NY). Petition No: 113 -7. ( "> Discharge petition text with signatures.) SB1737 (Related) 2013 -11 -20 - Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 250. H83746 (Related) 2013 -12 -12 - Referred to the House Committee on Education and the Workforce. HB3939 (Related) 2014 -02 -06 - Sponsor introductory remarks on measure. (CR H1661 -1662) Subjects http:// IegiscaD.com/IJS/bill /SB46O/2013 3/5/2014 US SB460 12013-2014 1 113th Congress I LegiScan Administrative law and regulatory procedures Department of Labor Inflation and prices Labor and employment Labor standards Wages and earnings US Congress State Sources I Type � Source - --- _.— _I Summary http: / /thomas.loc.gov /cgi- bin / bdquery /z ?d113:SNO0460: @ @ @L &summ2 =m& Text http: / /gpo.gov /fdsys /pkg /BILLS- ll3s460is /pdf /BILLS ll3s460is.pdf Bill Comments Add a comment... Comment Face Wok social plu9in http:// legiscan.com/US/bill /SB460/2013 Page 2 of 2 3/5/2014 6-�' �� oz�_ [ V -1 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 38 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR LICENSING OPEN AIR BUSINESSES AND TO INCLUDE DONATION BOXES AND OTHER CONTAINERS DESIGNED TO ACCEPT OR TO DISTRIBUTE USED ITEMS STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 4 of the South Bend Municipal Code to revise provisions for the licensing of open air businesses and to provide for licensing of containers designed to collect donations of used items. The Common Council of the City of South Bend determines that from time to time donation boxes or other large containers are placed on public or private property for the purpose of accepting donations of used items. Historically such containers have been used by local charitable organizations. As a general rule, such containers have been monitored by the local organizations responsible for them, and items left outside such containers have been removed promptly by the local organizations. In addition, the information on such containers has clearly identified the organization responsible for the containers, and the general public was able to ascertain whether the items placed into the containers would be used for the benefit of a local charitable organization. Further, the local organizations responsible for the containers could easily be contacted in the event that items were left outside the containers or the containers needed to be emptied or maintained. Recently, however, numerous containers have been placed throughout the City by both for -profit and not - for -profit organizations, many of which do not have a local contact person to reach in the event that the box should be emptied or maintained or to remove items discarded outside the boxes. In addition, information on the boxes has not informed donors of the ultimate use of the donated items, nor whether the items would be used to serve a for - profit or not - for - profit goal. The Common Council of the City of South Bend finds that the general public should know if items placed in donation boxes will support local charities. The Common Council also finds that the City administration should be able to contact a local person or organization for prompt removal of items or maintenance of the containers if necessary. For these reasons, the Common Council believes that it is necessary to provide for licensing such containers. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. Chapter 4, Article 4, Section 38 of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 4 -38. Open -air businesses. (a) Every person who erects, places or stands in the City an open -air booth, shed, tent, trailer or stand for the purpose of selling, bartering, receiving for future sale or use, distributing, or exchanging on or from such place any goods, wares or merchandise, which terms shall include also all fruits, vegetables, country produce, refreshments, beverages, baked goods, and confectionary, before engaging in such business shall obtain a license from the Controller. The license shall designate the place where such business is to be operated and the kind of booth, shed, tent, trailer, container, donation box or stand in and from which such articles are to be sold. (b) If the location for an open -air business is on private property, the applicant shall attach to his the application a signed statement from the owner or lessee of the real estate granting permission to the applicant for the use of the location for business purposes for the duration of the license. (c) Applicants desiring to sell goods, merchandise, fruits, vegetables or produce by weight or measure shall attach to the application a certificate signed by the sealer of Weights and Measures showing that all scales and measures to be used have been tested and approved. (d) The license fee for donation boxes as provided in subsection (i) of this section shall be twenty -five dollars ($25.00) per year. The license fee for an oy ther open -air business conducted on private property shall be forty -five dollars ($45.00) per location per year. The license fee for an open -air business other than donation boxes conducted upon public property shall be forty dollars ($40.00) per location per year. No license shall be issued by the Controller under this section until the zoning, ingress and egress of the location(s) have been approved by the appropriate City departments. (e) A license may be granted under this chapter for a transitory open -air business which shall be moved to various locations during the duration of the license term, provided that the applicant, in addition to meeting all other requirements of this section, attaches to the application a list of the locations and the dates on which the business will be operated at each location, along with the permission for use of each location as required by subsection (b). (f) No open -air business license may be issued by the Controller for a business to be located on public property until the location of same is approved in writing by the Board of Public Works. (g) Exclusion: The term "open -air business," as used in this section, does not include establishments which are defined as itinerant restaurants under section 4 -45 of this chapter. (h) Exemptions: The provisions of this section shall not apply to vendors exhibiting upon the grounds of the St. Joseph County Fairgrounds, a not- for - profit agency. (i) Donation boxes: The provisions of this subsection shall apply to boxes or containers placed on public or private property for the purpose of receiving or distributing donations of goods for reuse, sale, or for any other purpose. In addition to the above requirements, any person seeking to place or maintain a donation box or container must clearly post on the outside of the container the name, address and telephone number of the organization receiving donations is a not - for - profit or a for - profit entity. The donation box or container must be monitored by an individual and emptied at least once every seven (7) days. If items are overflowing from or placed outside the box or container, the individual must respond to calls to remove the items placed inside or within ten 00) feet of the box or container within twelve (12) hours of the call. The applicant must also clearly state on the application the name, address and telephone number of the individual who will be responsible for monitoring, emptying, and maintaining the box or container and responding to calls to clean the area around the box or container. The responsible individual must reside or conduct business within St. Joseph County, Indiana, or a county immediately adjacent to St. Joseph County, Indiana. 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, and publication as required by law. Attest: City Clerk Member of the Common Council/ Signing Of tNe*�s i i n1�4,r 4n P � an ��rqpryry .,y, . ,• ;rdc3 and t,,z i: Council action on US {BSUO, Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2014, at o'clock _.m. Deputy City Clerk Approved and signed by me on the day of 2014, at o'clock .m. Mayor, City of South Bend G: \acn \Goodwill \bill for donation boxes open air.wpd FtfBiir Fi'r'6.RSNG 3 rJ READ N..G NOT APPROVED ERRED PASSED fled in Clark's %;lid CITY CLERK, 1400 S. COUNTY -CITY BUILDING 227W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.5912 FAx 574.235.9021 TDD 574.235.5567 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF COMMUNITY INVESTMENT MICHELLE ADAMS BUSINESS LICENSE ADMINISTRATOR MADAMS @SOUTHBENDIN.GOV March 4, 2014 Mr. Oliver Davis President, South Bend Common Council 41h Floor County City Building South Bend IN 46601 Re: Ordinance To Amend Chapter 4 of South Bend Municipal Code to Inc 1 ude Donation Boxes Dear President Davis: Attached for filing with the South Bend Common Council is an ordinance which amends Chapter 4 of the South Bend Municipal Code to include donation receptacles among the type of items requiring a business license within the City of South Bend. Drafting of this ordinance began while Ms. Ann Carol Nash was Assistant City Attorney in response to concerns raised by Goodwill of Northern Indiana. Goodwill, along with other local charitable organizations, have maintained donation boxes in the area for many years. The resulting donations to Goodwill provide many services to South Bend, including the creation of jobs and the sale of low cost household goods to local residents. Recently, some donation boxes have appeared which support businesses and organizations based outside the community. Some boxes may not be emptied or monitored regularly causing discarded items to litter the area. The community would be better served by full knowledge and information of the sponsoring entity, as well as by the identity of a responsible party to relieve taxpayers of the burden of removing any litter and discarded items. This ordinance provides a mechanism for registration of donation boxes with the City, and requires a local contact person responsible for monitoring and cleaning the area surrounding the registrant's donation box. nTI �I@ Former Assistant City Attorney Ann Carol Nash will make the formal presentation of this ordinance to the Council at its Committee and regular meeting, and she will answer any questions or concerns you may have. Sincerely, Michelle Adams Licensing Director t- �� pl� - V --11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2014 OF $106,684 FROM CENTURY CENTER CAPITAL FUND ( #671). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2014 operating and capital budgets in 2013 (Ordinance #10265 -13, passed October 30, 2013), which included expenditures for various City enterprise operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2014 and set apart within the following designated funds for operational expenses as follows: Fund Amount Century Center Capital Fund ( #671) $106.684 TOTAL $106,684 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Deputy Mayor. Attest: City Clerk V GLL I rJ anA's Member of the Common Council if ..;a^w^n and is on wissue, coun quo Presented by me to the Deputy Mayor of the City of South Bend, Indiana, on the day of , 20.14, at o'clock _ . m. Deputy City Clerk 1st READING PUBLIC HEARING 3rd READING NOT APPRONFO REFERRED PASSER Approved and signed by me on the day of o'clock . m. , 2014, at Deputy Mayor, City of South Bend, Indiana k'Filed in CITY CLERK, Soul H 6c.` \t D, it'i �Filed in ClerW § CITY mfSam \ ! n s t; xG ƒ% `z / ]z-E§ \ T a2 �) !/ � w ): � . -. m -T _!!! !! |f ) §�! /{ - . \E ] \ \ it G } \ � § m : WE | ir i / \ \� \ } / \ \ �Filed in ClerW § CITY mfSam \ ! 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 March 5, 2014 Mr. Oliver Davis, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: March 2014 Appropriation Ordinance – Enterprise Funds Dear President Davis, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. For 2014, we plan to propose adjustments during three time periods — March, July and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1St reading on March 10, 2014 with 2 "d reading, public hearing and 3`d reading scheduled for March 24, 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, ��J H. M Murphy City Controller CC: Pete Buttigieg, Mayor Mark Neal, Deputy Mayor Kathryn Roos, Chief of Staff Filed in ,Dice 5 2014 CITYCLF'�,: : _ �iEND,IN 1,� Brian Pawlowski, Deputy Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2014 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances #10264 -13 and #10265 -13 passed on October 30, 2013) which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2014. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Deputy Mayor. Attest: City Clerk 0���� Member of the Common Council S:grILn I s:� i=iS Gil (� and council asii0a on US ague, Presented by me to the Deputy Mayor of the City of South Bend, Indiana, on the day of , 2014, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of 2014, at o'clock m. 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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 March 5, 2014 Mr. Oliver Davis, President City of South Bend Common Council 227 W. Jefferson Boulevard, 41h Floor South Bend, Indiana 46601 RE: March 2014 Budget Transfer Ordinance Dear President Davis, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. For 2014, we plan to propose adjustments during three time periods — March, July and December. Based on our budget review, we are submitting the enclosed ordinance for transfers between various departments and cost categories within the same funds for your consideration. No additional appropriation is requested in this ordinance. 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 151 reading on March 10, 2014 with 2nd reading, public hearing and 3`d reading scheduled for March 24, 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, a� Jo H. Murphy City Controller Filed ors office ! 19 1 2014 CITY Cc.>. E'E KD, IN CC: Pete Buttigieg, Mayor Mark Neal, Deputy Mayor Kathryn Roos, Chief of Staff Brian Pawlowski, Deputy Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney (� L �y Qc�, IA— ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2014 OF $41,919 FROM GENERAL FUND ( #101), $17,100 FROM GIFT, DONATION, BEQUEST FUND ( #217), $240,500 FROM CENTRAL SERVICES FUND ( #222), $830,000 FROM EMS CAPITAL FUND (#288),$138,060 FROM POLICE GRANTS FUND ( #292), AND $217,083 FROM COUNTY OPTION INCOME TAX FUND ( #404). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2014 operating and capital budgets in 2013 (Ordinance #10264 -13, passed October 30, 2013) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2014 and set apart within the following designated funds for expenditures as follows: Fund Amount General Fund ( #101) $ 41,919 Gift, Donation, Bequest Fund ( #217) 17,100 Central Services Fund ( #222) 240,500 EMS Capital Fund ( #288) 830,000 Police Grants Fund ( #292) 138,060 County Option Income Tax Fund ( #404) 217,083 TOTAL Section II. This ordinance shall be in full force and effect from and after its passage. by the Common Council and approval of the Deputy Mayor. Attest: City Clerk dc,c-: fi DaAA', t Q7 Member of the Common Counlrif v ` °T- R baan and �`$I;Cildtt:�j Counc►l acllon on dais issue, Presented by me to the Deputy Mayor of the City of South Bend, Indiana, on the day of 2014 at o'clock m. Deputy City Clerk Approved and signed by me on the day of o'clock . m. 1 si READING 3 —(0 _l X PUBLIC HEARING 3 rd READING ,JOY APPROVED 'EFERRED PASSED , 2014 at Deputy Mayor, City of South Bend, Indiana G 1188 IBS Cler,'� CITY CLFRs . rzaw :w AID, tra .`.. .....,....m..._..._...ti,_l 120ON COUNTY -CITY BUILDING 227w. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE March 5, 2014 Mr. Oliver Davis, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4m Floor South Bend, Indiana 46601 RE: March 2014 Appropriation Ordinance – Civil City Funds Dear President Davis, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. For 2014, we plan to propose adjustments during three time periods — March, July and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for I" reading on March 10, 2014 with 2nd reading; public hearing and 3`d reading scheduled for March 24, 2014. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7678. Regards, la. JUn H. Murphy City Controller CC: Pete Buttigieg, Mayor Mark Neal, Deputy Mayor Kathryn Roos, Chief of Staff '"led In Clerk °s OW '. l P1AF; -- I: CITY ARK, JOUTN b$No, IN rel 201 Brian Pawlowski, Deputy Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney (�- a 06, t � , ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF VINE STREET, FROM THE EAST RIGHT OF WAY OF 20TH STREET, EAST TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF 14 FEET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: THE ALLEY TO BE VACATED IS THE FIRST EASTMEST ALLEY SOUTH OF VINE STREET, FROM THE EAST RIGHT OF WAY OF 20TH STREET, EAST TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF 14 FEET. BEING A PART OF HAMMOND AND WHITCOMB'S SECOND ADDITION, 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: Lots 018 - 6135 -4692 AND 018 - 6022 -0599 SECTION IV. The purpose of the vacation of the real property is to incorporate the real property into the property of the "Annex of South Bend" Apartments, for the purpose of parking, landscaping, maintenance and operations. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk lit READING PUBLIC., HEARING 3 rd READING NOT APPROVED REFERRED PASSED Member of the Common Coun 11 oppD� un;` is a why ing and Council action on Wis issue. 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 o'clock . m. City Clerk day of 2 , at Mayor, City of South Bend, Indiana iced in iNierk's Otfice 14 1 JO[ 1'i � UORDR i CITY CLFRk, sou'rH BEND, IN I, PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: March 4, 2014 I, THE UNDERSIGNED PROPERTY OWNER, PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF VINE STREET, FROM THE EAST RIGHT OF WAY OF 20r STREET, EAST TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF 14 FEET. BEING A PART OF HAMMOND AND WHITCOMB'S SECOND ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. B. THE STREET DESCRIBED AS: N/A NAME (signed & printed) Annex of South Bend LLC By: Kyle Bach CEO ADDRESS Annex of South Bend, LLC 911 Main Street Fishers, Indiana 46038 LOT # Lot 1 -5 Riverview Sub'd Lot 24 Hammond & Whitcomb's 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: Bryan Moll ADDRESS: American Structurepointe 7260 Shadeland Station Indianapolis, Indiana 46256 PHONE: 317 -547 -5580 Filed In Clerk's v/1:of u LV14 CITY CLERK, SOUTH SEND, IN 3 zLot 23GOM0 S Lot 32 �\ON 9 Q PNO � x\06 �RS� goo\ m NPMNSF -�o 101 P Ov�N 0 F o o R Lot 24 g F. o R Lot 31 a F 133.5' P 133.5' P Q G 133.5' P _ 133.5' P o n F- Lot 1 Lot 30 (VACATED 1.4' ALLEY LO w 14' ALLEY RESOLUTION #9777 -07 m INST. # 0748913 I- to oVACATION N66M $ - 11166 '0 n 0 3 F Lot 29 a t- 3 0! Lot 2 \\(ON p0o\ o } =° Z�° QG 1335' P J_ \\- g ooh w 0 OF . Lot 28 3 y Lot 3 AN 4d 133.5' P n va C3 9CG- a a Lot 27 Li J Lot 4 z o 133.5' P Lot 26 N a w w m Lot 5 Lot 25 w 1 - I,$' W TH SIDE BOULEVARD a PLEASANT STREET 0' so Z j Y I SCALE: 1' =50' ALLEY VACATION EXHIBIT ;^ U ___ —AM R4GAN 7260 SHADELAND STATION DATE: 3/4/2014 SHEET NO. INDIANAPOLIS, IN 46256 -3957 1 STRUCTUREPOINT TEL 317.547.5580 FAX 317.543.0270 DRAWN BY: EE of aINC. www.structurepoint.com 1 J JOB NO. 2013.01043 DEsc. FlLE: ALLEY—VACATION ' Had in Clerk's O$H... 1 ieil: - J [fie I CITY CLFFIK Om �ymmmy y �<cz�mm mtDim��c NOZm�mz2m�mm mmO OO <� Z<, Om DC m,W m, Dy mm Omm y O yD D y O n m Z U y Sm z O M-- mzZ y y Z, z DD O, y.< r2 Z m OZ m m A A m m ymy O K m z m O DA r m N y D -I m 0 m *0 9Om FO w p-f I r< T. 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JEMMN BOULEVARD .SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OIF PUBLIC WORKS February 25, 2014 Shaun Cofer American Structure Point 7260 Shadeland Indianapolis, Indiana 46256 PHONE 574 /235 -9251 Fax 574/235 -9171 RE: Alley Vacation — The First East/West Alley North of North Side Blvd from 201" Street East to the First North /South Alley (Preliminary Review) Dear Mr. Cofer: The Board of Public Works, at its February 25, 2014, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community Investment, Fire Department, and the Police Department. 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. nur ro ,clan u our radius ma . You will need a radius map showing properties within 150' of the proposed vacation for your Petition to the Common Council, and a Cross Access Agreement with all affected property owners. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Lin a M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office GARYA. GILOT DAVID P. RELOS KATHRYN E. Roos PATRICK M. HENT14ORN BRIAN J. PAWLOWSKI