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HomeMy WebLinkAbout03-14-16 Council Packet & AgendaSOUTH BEND COMMON COUNCIL MEETING AGENDA Monday, March 14, 2016 7:00 P.M. 1. INVOCATION - RABBI KAREN COMPANEZ, TEMPLE BETH -EL 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS BILL NO. 16 -24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMEMORATING AND REMEMBERING THE LIFE OF SCHUYLER COLFAX, CONSTITUTIONAL REFORMER AND 17TH VICE - PRESIDENT OF THE UNITED STATES 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE BILL NO. TIME: 05 -16 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING FEES FOR NUISANCE ABATEMENT SUCH AS TRASH, DEBRIS AND HAZARDOUS MATERIAL REMOVAL, AND FOR REMOVAL OF WEEDS AND RANK VEGETATION PURSUANT TO THE INDIANA UNSAFE BUILDING LAW 06 -16 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING FEES FOR SECURING AND DEMOLISHING STRUCTURES PURSUANT TO THE INDIANA UNSAFE BUILDING LAW 1 8. BILLS ON THIRD READING BILL NO. TIME: 05 -16 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING FEES FOR NUISANCE ABATEMENT SUCH AS TRASH, DEBRIS AND HAZARDOUS MATERIAL REMOVAL, AND FOR REMOVAL OF WEEDS AND RANK VEGETATION PURSUANT TO THE INDIANA UNSAFE BUILDING LAW 06 -16 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING FEES FOR SECURING AND DEMOLISHING STRUCTURES PURSUANT TO THE INDIANA UNSAFE BUILDING LAW 9. RESOLUTIONS BILL NO. 16 -13 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 4330 -14 DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 237 NORTH MICHIGAN STREET, SOUTH BEND, IN 46601 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR THE LASALLE APARTMENTS LLC 16 -14 A RESOLUTION MODIFYING AND CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS: 211 WEST WASHINGTON STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR: HOTEL LOCATED AT THE TOWER AT WASHINGTON SQUARE LLC 16 -15 A RESOLUTION MODIFYING AND CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS: 211 WEST WASHINGTON STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR: RETAIL PROPERTY LOCATED AT THE TOWER AT WASHINGTON SQUARE LLC 2 16 -16 A RESOLUTION MODIFYING AND CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS: 211 WEST WASHINGTON STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR: PARKING GARAGE LOCATED AT THE TOWER AT WASHINGTON SQUARE LLC 16 -17 A RESOLUTION MODIFYING AND CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS: 211 WEST WASHINGTON STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR: APARTMENTS LOCATED AT THE TOWER AT WASHINGTON SQUARE LLC 16 -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 215 SYCAMORE STREET, SOUTH BEND, IN 46617 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN (8) EIGHT -YEAR REAL PROPERTY TAX ABATEMENT FOR EAST BANK SOUTH BEND DEVELOPMENT, LLC 16 -19 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 1265 FRANKLIN, CATALYST TWO BUILDING, IGNITION PARK, SOUTH BEND, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR: SPECTRON MRC, LLC 16 -20 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS BLACKTHORN CORPORATE OFFICE PARK LOT 6, SOUTH BEND, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR REAL PROPERTY TAX ABATEMENT FOR COHN & COHN INVESTMENTS, LLC 16 -21 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 3 1619/1623 FRANKLIN STREET, SOUTH BEND, IN 46613 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND FORM TOOL CO., INC. 16 -22 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 1619/1623 FRANKLIN STREET, SOUTH BEND, IN 46613 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND FORM TOOL CO., INC. 16 -23 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY SUPPORTING THE INSTALLATION OF A FENCE ON THE EAST SIDE OF PERLEY PRIMARY FINE ARTS ACADEMY AND ON THE WEST SIDE OF COQUILLARD PARK 10. BILLS ON FIRST READING 07 -16 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 1 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 1 -5.1 ENTITLED CITY FLAG 11 -16 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE SOUTH BEND COMMON COUNCIL AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY ESTABLISHING NEW ARTICLE 13 ENTITLED SMOKE FREE AIR REGULATIONS FOR WORKPLACES AND PUBLIC PLACES 12 -16 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED LANDLORD REGISTRATION PROGRAM 13 -16 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 424,426 & 430 CUSHING STREET AND 726 & 736 LINCOLN WAY WEST, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 14 -16 FIRST READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY WEST OF CUSHING STREET FROM LINCOLN WAY WEST TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 193 FEET AND A WIDTH OF 14 FEET. SAID ALLEY BEING A PART HEINTZMAN'S ADDITION AND KUNSTMAN'S ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 15 -16 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2016 OF ($926,497) FROM CONSOLIDATED BUILDING FUND ( #600), $480,000 FROM EMS CAPITAL FUND (#287),$25,000 FROM EMS OPERATING FUND (#288),$2,500 FROM 2015 SEWER BOND ISSUANCE FUND (#666),$188,621 FROM CENTURY CENTER CAPITAL FUND (#671),$63,000 FROM WATERWORKS O &M FUND ( #620), AND $361,294 FROM SEWAGE O &M FUND ( #641) 16 -16 FIRST READING ON 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 2016 17 -16 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2016 OF $25,000 FROM GENERAL FUND ( #101), $587,022 FROM DCI STATE GRANTS FUND (#210),$926,497 FROM UNSAFE BUILDING FUND ( #219), $17,500 FROM CENTRAL SERVICES FUND ( #222), $22,000 FROM COVELESKI NON REVERTING CAPITAL FUND (#401) AND $29,300 FROM COUNTY OPTION INCOME TAX FUND (#404). 11. UNFINISHED BUSINESS PENDING INACTIVE/DORMANT HISTORIC PRESERVATION COMMISSION (HPQ PROPOSED BILLS BILL NO. 60 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE BUILDING LOCATED AT 219/221 N. MICHIGAN STREET 61 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE BUILDING LOCATED AT 3418 MISHAWAKA AVE. 91 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 310 WEST MONROE STREET IN THE CITY OF SOUTH BEND, INDIANA 104 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE BUILDING LOCATED AT 534 LAPORTE AVE. 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. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council's website, and also in paper format in the Office of the City Clerk, 4t" Floor County -City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. G OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: KAREEMAH FOWLER, CITY CLERK DATE: MARCH 10, 2016 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for MONDAY MARCH 14,2016: Council Informal Meeting Room 4t" Floor County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 3:15 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. Bill No. 16 -18- Designating Real Property Tax Abatement, East Bank Development 2. Bill No. 16 -19- Designating Personal Property Tax Abatement, Spectron mrc, LLC. 3. Bill No. 16 -20- Designating Real Property Tax Abatement, Cohn & Cohn, LLC. 4. Bill No. 16 -21- Designating Real Property Tax Abatement, South Bend Tool Co., Inc. 5. Bill No. 16 -22- Designating Personal Property Tax Abatement, South Bend Tool Co. 6. Bill No. 16 -13- Re- Confirming Real Property Tax Abatement, The LaSalle Apts. LLC. (Extension Request) 7. Bill Nos. 16 -14 to 16 -17- Four (4) Confirming & Modifying Real Property Tax Abatement, 211 W. Washington (The Tower at Washington Square) 4:15 P.M. HEALTH & PUBLIC SAFETY JOHN VOORDE, CHAIRPERSON 1. Bill No. 05 -16- Approving fees for nuisance abatement 2. Bill No. 06 -16- Approving fees for securing and demolishing structures 3. Chief Steve Cox, South Bend Fire Department 4:55 P.M. COMMUNITY RELATIONS REGINA WILLIAMS-PRESTON, CHAIRPERSON 1. Bill No. 16 -23- Coquillard Park Fence Installation 5:00 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON 1. City Controller John Murphy, Office of Finance and Administration 5:25 P.M. INFORMATION & TECHNOLOGY TIM SCOTT, CHAIRPERSON 1. Kick -Off Meeting 455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601 Phone 574- 235 -9221 • Fax 574- 235 -9173 • TDD 574- 235 -5567 • www.SouthBendIN.gov JENNIFER M. COFFMAN ALKEYNA M. ALDRIDGE CHIEF DEPUTY DEPUTY CLERK EMILY SEXTON CHIEF OF STAFF DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK "Council President Tim Scott has called an Informal MeetinE of the Council which will commence immediately after the adjournment of the Information & Technology Committee meeting. INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, COUNCIL PRESIDENT 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor Pete Buttigieg Committee Meeting List News Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 2 45 vrx8". �O �t 2016 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-6 -16) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real & personal tax abatement requests. Gavin Ferlic, Chairperson Oliver Davis, Member Regina Williams- Preston, Vice - Chairperson Randy Kelly, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Office of Community Affairs and is charged with facilitating partnerships & ongoing communications with other public and private entities operating within the City. Regina Williams- Preston, Chairperson Gavin Ferlic, Member Randy Kelly, Vice - Chairperson Karen White, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. It duties are set forth in detail in Section 2 -10.1 of the South Bend Municipal Code, Tim Scott, Member Dr. David Varner, Member Jo Broden, Member Karen White HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. John Voorde, Chairperson Oliver Davis, Member Karen L. White, Vice - Chairperson Jo Broden, Member INFORMATION AND TECHNOLOGY COMMITTEE Oversees the various activities of the City's Division of Information Technologies in the Department of Administration & Finance so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability & access to GIS data and related technologies are just some of its many activities. Tim Scott, Chairperson Dave Varner, Member Gavin Ferlic, Vice - Chairperson Karen White, Member PARC COMMITTEE (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Coveleski Regional Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, and the many recreational and leisure activities offered by the Department of Parks and Recreation. Randy Kelly, Chairperson Oliver Davis, Member Dr. Dave Varner, Vice - Chairperson John Voorde, Member 9pU7H� �y 1865 2016 COMMON COUNCIL STANDING COMMITTEES (Rev. 01 -6 -16) PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations & other fiscal matters, as well as personnel policies, health benefits & related matters. Karen L. White, Chairperson Regina Williams- Preston, Member Gavin Ferlic, Vice - Chairperson John Voorde, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works & related public works & property vacation issues. Jo Broden, Chairperson John Voorde, Vice - Chairperson Randy Kelly, Member Gavin Ferlic, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities & issues related to neighborhood development & enhancement. Karen White, Chairperson Jo Broden, Vice - Chairperson Regina Williams- Preston, Member John Voorde, Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers and all related matters. Dr. David Varner, Chairperson Randy Kelly, Member Oliver Davis, Vice - Chairperson Regina Williams- Preston, Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Oliver Davis, Chairperson Gavin Ferlic, Member John Voorde, Vice - Chairperson Jo Broden, Member SUB - COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings of the Common Council and makes a recommendation on their approval /modification to the Council Tim Scott Dr. David Varner )T� ,�o.5pi118 � :1 2016 COMMON COUNCIL STANDING COMMITTEES (Rev.01-6 -16) TIM SCOTT, 1sT District Council Member PRESIDENT Information and Technology, Chairperson Council Rules Committee, Member Sub - Committee on Minutes, Member REGINA WILLIAMS - PRESTON 2nd District Council Member Community Relations Committee, Chairperson Residential Neighborhood Committee, Member Community Investment Committee, Vice - Chairperson Personnel & Finance Committee, Member Utilities Committee, Member RANDY KELLY 3rd District Council Member PARC Committee, Chairperson Community Investment Committee, Member Community Relations Committee, Vice Chairperson Public Works & Property Vacation, Member Utilities Committee, Member JO BRODEN 4TH District Council Member Public Works & Property Vacation, Chairperson Council Rules Committee, Member Residential Neighborhood Committee, Vice - Chairperson Health & Public Safety Committee, Member Zoning & Annexation Committee, Member DR. DAVID VARNER 5TH District Council Member Utilities Committee, Chairperson Information & Technology Committee, Member PARC Committee, Vice - Chairperson Council Rules Committee, Member Sub- Committee on Minutes, Member OLIVER DAVIS 6TH District Council Member Zoning & Annexation Committee, Chairperson Community Investment Committee, Member Utilities Committee, Vice - Chairperson Health & Public Safety Committee, Member PARC Committee, Member GAVIN FERLIC AT LARGE Council Member Chairperson, Committee of the Whole Member Community Investment Committee, Chairperson Community Relations Committee, Information & Technology Committee, Vice - Chairperson Public Works & Property Vacation, Member Personnel & Finance Committee, Vice - Chairperson Zoning & Annexation Committee, Member KAREN L. WHITE AT LARGE Council Member Residential Neighborhood Committee, Chairperson Community Relations Committee, Member Personnel & Finance Committee, Chairperson Information & Technology Committee, Member Health & Public Safety Committee, Vice - Chairperson Council Rules Committee, Member JOHN VOORDE AT LARGE Council Member Health & Public Safety Committee, Chairperson Residential Neighborhood Committee, Member Public Works & Property Vacation, Vice - Chairperson PARC Committee, Member Zoning & Annexation Committee, Vice - Chairperson Personnel & Finance Committee, Member RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMEMORATING AND REMEMBERING THE LIFE OF SCHUYLER COLFAX, CONSTITUTIONAL REFORMER AND 17" VICE- PRESIDENT OF THE UNITED STATES the South Bend Common Council notes that City Cemetery founded in 1832 in the City of South Bend is the home to approximately 14,800 final resting places on its 21.36 acres, including South Bend resident Schuyler Colfax, who was the 17'h Vice- President of the United States and a Constitutional reformer; and *ice, the Common Council notes that in 2009, the Historic Preservation Commission of South Bend and St. Joseph County partnered with the Schuyler Colfax Chapter of the Daughters of the American Revolution (DAR) to collaborate together and promote the preservation of City Cemetery, with its Mission Statement "to preserve, protect, share carefully and treat reverently this hallowed and historic site ". Since that date the South Bend Parks Foundation in collaboration with the Common Council and City Administration have worked together to support the City Cemetery Restoration Project and the City Cemetery Master Plan of 2015; and on January 14, 2013, the Common Council unanimously adopted Resolution No. 4226 -13, which declared March 23`a of each year as "Schuyler Colfax Day in South Bend, Indiana" to recognize the public service career of Schuyler Colfax who served as Speaker of the House of Representatives from 1863 -1869; served our country as the 17'h Vice- President of the United States from 1869 -1873 under President Ulysses S. Grant and recalled his dedication to civil rights and the passage of the 13'h Amendment in 1865 to abolish slavery, the passage of the 14'h Amendment in 1868 addressing due process, and equal protection, and the 156' Amendment in 1869 addressing the right to vote regardless of one's race, color or previous condition of servitude; and in May of 2015, a Schuyler Colfax re- enactor at City Cemetery, dressed in period clothing shared some of the rich history of his life by telling stories about serving as President Ulysses S. Grant's Vice- President during his first term; who is remembered as being a very dedicated public servant who was "good- natured, kindly, cordial and always diplomatic"; who stood by President Abraham Lincoln on January 1, 1863 when he signed the Emancipation Proclamation; who became known by the nickname "Smiler" Colfax; who came into this world four (4) months after his father had passed away from tuberculosis and was forced to drop out of school at the age of ten to work, to teach himself, and to dedicate his life to serving others. 9%Q XeAyfm &areKol6*4 by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council hereby calls upon the citizens of South Bend to pause & reflect upon the contributions made not only to our city, but to our country by Schuler Colfax, who moved to South Bend in 1836 and called it his home until his death in 1873. The Council recognizes that 193 years ago on March 23, 1823, Schuler Colfax was born, and through his vision and dedication America is a much better place, who is remembered far his tireless work and leadership in championing the passage of the 13 ", 140'& 15'h Amendments. Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Tim Scott, 15' District Regina Williams Preston, 2nd District Randy Kelly, 3`d District Jo Broden, 4" District Dr. David A. Varner, 51h District Wn Oliver J. Davis, 6' District Gavin Ferlic, At Large Member Karen L. White, At Large Member John Voorde, At Large Member Kathleen Cekanski- Farrand, Council Attorney Kareemah Fowler, City Clerk Pete Buttigieg, Mayor of South Bend 1300 COUNTY -CITY BUU DING 227 W JEFFERSON BOUI.FVARD SOUTH BEND, INDIANA 4660I -I830 PHONE 574/ 23 5-9486 FAX 574/235-7703 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF CODE ENFORCEMENT RANDY WILKERSON DIRECTOR February 18, 2016 Honorable Tim Scott, President South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 RE: Bills Nos. 05 -16 and 06 -16 — Increase of Fees for Code Services Related to Demolition and Nuisance Abatement Dear Council President Scott, In light of questions from Council members received February 4, 2016, 1 request that Bills Nos. 05 -16 and 06 -16 related to fees for certain Code Enforcement services be continued to the Council's meeting on March 14, 2016. Although our Department has compiled a good portion of the Council's requested information, it will take more time to complete this search. Sincerely, Randy Wilkerson Director, Department of Code Enforcement Filed Clerk's office FEB 18 2016 KAREEIVIAH FOW�R CITY CLERK, SOUTH BEND IN 1.300 COUNTY -CITY Bun DING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 4660I -I830 PHONE 5741 23 5-9486 FAX 574/235-7703 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF CODE ENFORCEMENT RANDY WILKERSON DIRECTOR February 5, 2016 Honorable Tim Scott, President South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 RE: Bills Nos. 05 -16 and 06 -16 — Increase of Fees for Code Services Related to Demolition and Nuisance Abatement Dear Council President Scott, In light of questions from Council members received February 4, 2016, 1 request that Bills Nos. 05 -16 and 06 -16 related to fees for certain Code Enforcement services be continued to the Council's meeting on February 22, 2016. This should allow our Department time to respond to the Council's questions. Sincerely, RandyvWilkerson Director, Department of Code Enforcement Filed in ice FEB 0 5 2016 I€ a r CITY Ci i 1300 COUNTY -CTry BUn DING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 January 5, 2016 PHONE S74/ 235-9486 FAX 574/ 235 -7703 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF CODE ENFORCEMENT RANDY WILKERSON DIRECTOR Tim Scott, Council President Common Council of the City of South Bend 227 West Jefferson Blvd. • Suite 400 S South Bend, Indiana 46601 The Department of Code Enforcement respectfully requests that the Council consider this ordinance to raise the cost of abatements that are completed by the Department. The current increases reflect an 11.5 percent increase from the last increase in 2008. I have also revised some of the charges to be accurate with our current processes. It is important to point out this is not a request for a budget increase; this is a cost of service fee for the Department to complete the abatements on property owners that do not comply with the Indiana Unsafe Building Law and the City of South Bend's Ordinance's. I Will be available as the presenter on behalf of the Department. The costs of abating a nuisance such as trash, debris, fire hazardous materials and public health hazards and /or removing weeds and rank vegetation from real property include the costs of providing notice, the use of labor and equipment, and administrative costs. A schedule of fees for these services was last implemented in 2008, but the costs have increased since that time and now require adjustment. We presented this to the City of.South Bend Board of Public Works on November 24, 2015 at a public hearing and received information on the current costs of abating a nuisance such as trash, debris, fire hazardous materials and public health hazards and /or removing weeds and rank vegetation, and by Resolution No. 67 -2015, it recommended for Common Council approval a schedule of fees for costs involved in the abatement of a nuisance, which is attached hereto and incorporated herein. The Indiana Unsafe Building Law, Ind. Code 36- 7 -9 -1, which is incorporated into the South Bend Municipal Code (the Code) in full and by reference at Chapter 6, Article 8, Section 6 -37, authorizes the City of South Bend through its Department of Code Enforcement to remove trash, debris, fire hazardous material, or a public health hazard in an about an unsafe premises. The Indiana Code at IC 36 -7- 10.1 -1 et seq. also authorizes municipalities to require property owners to remove weeds and other rank vegetation. A The Department of Code Enforcement may at the owner's expense enter an owner's property to abate a nuisance such as trash, debris, .fire hazardous material and public health hazards, and /or may also remove weeds and rank vegetation if the City has complied with statutory procedures and given the owner proper notice, but the owner has failed to comply with the notice. On behalf of the Department of Code Enforcement, it is my belief that this ordinance is in the best interest of the citizens of the City of South Bend. Respectfully, // �J Randy r ilkerson Director of Code Enforcement Filed In Clerk's Office j tll1 JOHN VOORDE CITY CLERK, SOUTH BEND, IN 1311) No. 05 -1t0 ORDINANCE NO. 1 04.11 -10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING FEES FOR NUISANCE ABATEMENT SUCH AS TRASH, DEBRIS AND HAZARDOUS MATERIAL REMOVAL, AND FOR REMOVAL OF WEEDS AND RANK VEGETATION PURSUANT TO THE INDIANA UNSAFE BUILDING LAW STATEMENT OF PURPOSE AND INTENT The Indiana Unsafe Building Law, Ind. Code 36- 7 -9 -1, which is incorporated into the South Bend Municipal Code (the Code) in full and by reference at Chapter 6, Article 8, Section 6 -37, authorizes the City of South Bend through its Department of Code Enforcement to remove trash, debris, fire hazardous material, or a public health hazard in an about an unsafe premises. The Indiana Code at IC 36 -7- 10.1 -1 et seq. also authorizes municipalities to require property owners to remove weeds and other rank vegetation. The Department of Code Enforcement may at the owner's expense enter an owner's property to abate a nuisance such as trash, debris, fire hazardous material and public health hazards, and /or may also remove weeds and rank vegetation if the City has complied with statutory procedures and given the owner proper notice, but the owner has failed to comply with the notice. The costs of abating a nuisance such as trash, debris, fire hazardous materials and public health hazards and /or removing weeds and rank vegetation from real property include the costs of providing notice, the use of labor and equipment, and administrative costs. A schedule of fees for these services was last implemented in 2008, but the costs have increased since that time and now require adjustment. At its meeting held on November 24, 2015, the South Bend Board of Public Works conducted a public hearing and received information on the current costs of abating a nuisance such as trash, debris, fire hazardous materials and public health hazards and/or removing weeds and rank vegetation, and by Resolution No. 67 -2015, it recommended for Common Council approval a schedule of fees for costs involved in the abatement of a nuisance, which is attached hereto and incorporated herein. The Council finds that the Schedule of Fees recommended for approval by the Board of Public Works in its Resolution No. 67 -2015 attached hereto reflect the current and actual costs for performing the specific services and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Schedule of Fees for the Department of Code Enforcement's services in abating public nuisances such as trash, debris, fire hazardous material, or a public health hazard, and for removing weeds and rank vegetation from real property, all as set out specifically in Section II of the Board of Public Works Resolution No. 67 -2015 attached hereto and incorporated herein, is approved and confirmed. Section II. A copy of the Schedule of Fees approved by this Resolution shall be on file for public inspection in the office of the City Clerk, the office of the Clerk of the Board of Public Works, and shall be posted on the City of South Bend's website. Section I1I. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2014, at o'clock m. City Clerk Approved and signed by me on the at o'clock, .m. 1 st RrADINI G PUBLIC'. �ASSM day of 2 , Mayor, City of South Bend, Indiana Filed in Cleric's MCC ATTACHMENT Board of Public Works Resolution No. 68- 2015 enacted on November 24, 2015 (Remainder of Page left intentionally blank) RESOLUTION NO. 67-2015 A RESOLUTION OF THE :BOARD OF PUBLIC WORKS F THE, CITY OF St3iJTH BEND, INDIANA, ADJUSTING THE FEES RELATED TO ABATING NUISANCES AND REMOVING VEGETATION PURSUANT TO INDIANA CODE 3b -7-9 AND 36 -Tµ 10;1:AND! SOUT>EI BEl MUlTI�CJrPAL CODE CHAPTER Ib; ARTICLE WHEREAS, the Board of Public Works ("Board') has authority to determine the costs for performance of work required by orders issued under the Unsafe wilding Law, 36- '7 -9 -1, et al,., including orders to remove trash, debris, fire hazardous material, or a public health hazard in and ab out. an unsafe premises; and WHEREAS, the Board also has authority to abate nuisances described in South .Bend Municipal Code Chapter 16, Article 8, Section 16 -53; and WHEREAS, the Indiana Code provision for removal of weeds and rank vegetation, Indiana Code 3.6 -7. 10,1 -1, et seq., allows municipalities to require property owners to remove weeds and other rank vegetation, and sets forth procedures for giving notice to property owners and removing weeds' and rank vegetation at the owner's expense; and WHEREAS, the Department of Code Enforcement or. an entity acting on its behalf may after giving notice to the owner, enter property and remove weeds and .rank vegetation at the owner's expense, pursuant to South Bend Municipal Code Chapter 16, Article 8, Section 16. -59; and WHEREAS, the Board has the expertise to determine the costs of abating nuisances such as trash, debris, fre hazardous material and public health hazards, and or removing weeds .and rank vegetation, including the cost ofproviding notice; use of equipment and labor, and .administrative costs; and WHEREAS, the Board determines that the fees imposed for nuisance abatement and removal of weeds and rank vegetation should be adjusted from the 2008 schedule to reflect the current cost the City of South Bend incurs providing such services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That the Board of Public Works hereby sets forth fees for services in abating public nuisances such as trash, debris, fire hazardous material, or a public health hazard, and of removing weeds and rank vegetation from real property. .Section II. The owner, occupant or person in control of the property upon which the public nuisance or rank vegetation exists in violation of South Bend Municipal Code Chapter 16, Article 8., as it may be amended from time to time, shall be charged fees for the cost of equipment, -services and labor incurred by the City in abatement of the nuisance or removal of vegetation, The following fees shall be charged: Fees and Costs Dump fee $150.00 Handling -and disposal $ 84.00 Administrative fee $40-00 Technology and software $10.00 Supplies $ 8.00 Hourly Labor and Equipment Use inspection $29,60 Labor (General) $23.00 Labor (Operaior — skilled) $34.00 Supervisory staff 40.016 Dump truck $ 51 A Small loader $51.00 Lightening loader $94,00 Large loader $119.00 Pick up and mower $44.00 Tractor mower $38.00 Grass Cutting Fees Inspection (2) $58.00 Administrative fee $40.00 Supervisory Staff $40.00 Pickup truck and mower $22.00 Labor general $11.50 Technology and software $ . 10.00 Su lies It Q nA TOTAL $189.50 Adopted on the qLJ"A day of Works - 2015� by the Board of Public of the City o f South Bend, Indiana, BOARD OF.PUBLI.0 WORKS OF THE CITY OF SOU TH BEND, INDIANA Gary .Crilot 5vi`dnaf�elos R Therese Doran ATTEST: Vtb Linda Martin, Clerk 1300 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 466o1 -183o CITY OF SOUTH BEND PETE BUTTIGIEG, .MAYOR PHONE 574/ 23 5-9486 FAX 574/235-7703 DEPARTMENT OF CODE ENFORCEMENT RANDY WILKERSON DIRECTOR February 18, 2016 Honorable Tim Scott, President South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 RE: Bills Nos. 05 -16 and 06 -16 — Increase of Fees for Code Services Related to Demolition and Nuisance Abatement Dear Council President Scott, In light of questions from Council members received February 4, 2016, 1 request that Bills Nos. 05 -16 and 06 -16 related to fees for certain Code Enforcement services be continued to the Council's meeting on March 14, 2016. Although our Department has compiled a good portion of the Council's requested information, it will take more time to complete this search. Sincerely, ,4 Randy Wilkerson Director, Department of Code Enforcement Filed in Clerk's Office FEB 18 2016 KAREEiVISOUTOH BEND, IN CITY CLERK, 1300 COUNTY -CITY BUILDING 227 W JEFFERSON BOUI.F.VARD SOUTH BEND, INDLANA 4660I -1830 February 5, 2016 PHONE 5 74123 5 -9486 FAX 574/235-7703 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF CODE ENFORCEMENT RANDY WILKERSON DIRECTOR Honorable Tim Scott, President South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 RE: Bills Nos. 05 -16 and 06 -16 — Increase of Fees for Code Services Related to Demolition and Nuisance Abatement Dear Council President Scott, In light of questions from Council members received February 4, 2016, 1 request that Bills Nos. 05 -16 and 06 -16 related to fees for certain Code Enforcement services be continued to the Council's meeting on February 22, 2016. This should allow our Department time to respond to the Council's questions. Sincerely, e�ilkerson Director, Department of Code Enforcement Filed in Ciet P, °fi ;ne FEB 052016 IAA CITY Q 1300 COUNTY -CrrY BUILDING 227 W. JEFFERSON BOULEVARD Soum BEND, INDIANA 46601 -1830 January 5, 2016 PHONE 5 741 23 5-9486 FAX 574/235-7703 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF CODE ENFORCEMENT RANDY WILKERSON DIRECTOR Tim Scott, Council President Common Council of the City of South Bend 227 West Jefferson Blvd. • Suite 400 S South Bend, Indiana 46601 The Department of Code Enforcement respectfully requests that the Council consider this ordinance to raise the fees associated to demolitions that are completed by the Department. The current increases reflect an 11.5 percent increase from the last increase in 2008. I have also revised some of the charges to be accurate with our current processes including the cost associated with testing for asbestos. This was not charged in the past. It is important to point out this is not a request for a budget increase; this is a cost of service fee for the Department for property owners that do not comply with the Indiana Unsafe Building Law. I will be available as the presenter on behalf of the Department. The costs of securing property and /or removing structures upon unsafe premises include the costs of providing notice, the use of labor and equipment, and administrative costs. A schedule of fees for these services was last implemented in 2008, but the costs have increased since that time and now require adjustment. We presented this to the South Bend Board of Public Works on November 24, 2015 at a public hearing and received information on the current costs of securing property or removing structures at an unsafe premises, and by Resolution No. 68 -2015, it recommended for Common Council approval a schedule of fees for costs involved in the demolition of real property and in the securing of real property, which is attached hereto and incorporated herein. The Indiana Unsafe Building Law, Ind. Code 36- 7 -9 -1, which is incorporated into the South Bend Municipal Code (the Code) in full and by reference at Chapter 6, Article 8, Section 6 -37, authorizes the City of South Bend through its Department of Code Enforcement to enter into and secure an owner's property or remove structures at an unsafe premises at the owner's expense if the City has complied with statutory procedures and given the owner proper notice, but the owner has failed to comply with the notice. ON The Council finds that the Schedule of Fees recommended for approval by the Board of Public Works in its Resolution No. 68 -2015 attached hereto reflect the current and actual costs for performing the specific services and should be approved. On behalf of the Department of Code Enforcement, it is my belief that this ordinance is in the best interest of the citizens of the City of South Bend. Respectfully, 1Zandy Wilkerson Director of Code Enforcement Di I N0. 0L10 - Ito ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING FEES FOR SECURING AND DEMOLISHING STRUCTURES PURSUANT TO THE INDIANA UNSAFE BUILDING LAW STATEMENT OF PURPOSE AND INTENT The Indiana Unsafe Building Law, Ind. Code 36- 7 -9 -1, which is incorporated into the South Bend Municipal Code (the Code) in full and by reference at Chapter 6, Article 8, Section 6 -37, authorizes the City of South Bend through its Department of Code Enforcement to enter into and secure an owner's property or remove structures at an unsafe premises at the owner's expense if the City has complied with statutory procedures and given the owner proper notice, but the owner has failed to comply with the notice. The costs of securing property and /or removing structures upon unsafe premises include the costs of providing notice, the use of labor and equipment, and administrative costs. A schedule of fees for these services was last implemented in 2008, but the costs have increased since that time and now require adjustment. At its meeting held on November 24, 2015, the South Bend Board of Public Works conducted a public hearing and received information on the current costs of securing property or removing structures at an unsafe premises, and by Resolution No. 68 -2015, it recommended for Common Council approval a schedule of fees for costs involved in the demolition of real property and in the securing of real property, which is attached hereto and incorporated herein. The Council finds that the Schedule of Fees recommended for approval by the Board of Public Works in its Resolution No. 68 -2015 attached hereto reflect the current and actual costs for performing the specific services and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Schedule of Fees for the Department of Code Enforcement's processing of orders for demolition of structures and for securing structures as set out specifically in Sections II and III of the Board of Public Works Resolution No. 68 -2015 attached hereto and incorporated herein is approved and confirmed. Section II. A copy of the Schedule of Fees approved by this Resolution shall be on file for public inspection in the office of the City Clerk, the office of the Clerk of the Board of Public Works, and shall be posted on the City of South Bend's website. 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. 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 2014, at o'clock m. City Clerk Approved and signed by me on the day of , 2 , at o'clock, M. 1 st READING PUBUC 3 rd P,: -. ,`� ',NG NOT f- PP— OV ED E .RED PA5SW Mayor, City of South Bend, Indiana Filed in Clerk's Office JOHN VO0 DE CITY CLERIC, SOUTH BEND, E ATTACHMENT Board of Public Works Resolution No. 68 -2015 enacted on November 24, 2015 (Remainder of Page left intentionally blank) RESOLUTION NO. 68-2015 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, ADJUSTING THE FEES FOR SERVICES RELATED TO SECURING AND DEMOLISHING STRUCTURES PURSUANT TO THE INDIANA UNSAFE BUILDING LAW, INDIANA CODE 36 -7 -9 AND SOUTH BEND MUNICIPAL CODE CHAPTER 6, ARTICLE 8, SECTIONS 37 AND 37.1 WHEREAS, the Board of Public Works is the Board with control over the Department of Code Enforcement for purposes of setting performance bonds and processing expenses provided under the Unsafe Building Law, and has the responsibility for fixing the average processing expenses and a schedule of performance bonds as provided in the Unsafe Building Law, Indiana Code 36 -7 -9 -1 et seq., and South Bend Municipal Code Chapter 6, Article 8; and WHEREAS, the Department of Code Enforcement or an entity acting on its behalf may, after giving notice to the owner, enter onto and secure property at the owner's expense, pursuant to South Bend Municipal Code Chapter 6, Article 8 and the Unsafe Building Law; and '(WHEREAS, the Department of Code Enforcement or an entity acting on its behalf may, pursuant to the procedures set forth in the Unsafe Building Law and after giving notice to the owner, remove structures from unsafe premises at the owner's expense; and WHEREAS, the Board of Public Works has the expertise to determine the costs of securing and removing structures upon unsafe premises, including the cost of providing notice, use of equipment and labor, and administrative costs; and WHEREAS, the Board of Public Works determines that the fees unposed for securing and removing structures should be adjusted from the 2008 schedule to reflect the current cost the City of South Bend incurs providing such services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Board of Public Works hereby sets forth administrative and service fees related to securing and removing structures upon unsafe premises pursuant to the Unsafe Building Law and South Bend Municipal Code Chapter 6, Article 8. Section II. The following fees reflect the average expenses which are incurred by the Department of Code Enforcement in processing orders for demolition of structures, and shall be charged in addition to the costs of the demolition contractor for each demolition order issued: Inspections — average of 8 $203.00 Legal notices, recording fees $113.00 Title search $ 27.00 Forms, letters, postage $100.00 Supplies $ 8.00 Legal services and hearing officer $200.00 Clerical staff $ 76.00 Management staff $200.00 Technology and software $ 10.00 TOTAL DEMOLITION COST $937.00 Asbestos Testing for Demolition, if Applicable First Inspection - prelim testing requires 2 inspectors $ 87.00 at 1.5 hours /inspector Second Inspection — testing and completion of $ 87.00 papers requires 2 inspectors at 1.5 /inspector Tools, supplies, and safety costs $ 22.00 Test 10 samples at $8:00 /sample (average) $ 80.00 TOTAL ASBESTOS COST $276.00 Section 111. The following fees reflect the average expenses which are incurred by the Department of Code Enforcement in processing orders to secure structures, and which shall be charged in addition to the costs of the contractor for each order to secure issued: Inspections - average of 3 $ 87,00 Forms, letters, postage $ 7.00 Clerical staff $ 23.00 Management staff $ 35.00 Technology and software $ 10.00 TOTAL COST TO SECURE $162.00 Adopted on the L! day of �1HFC41A-k-t-z- , 2015, by the Board of Public Works of the City of South.Bend, Indiana. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA Gary Gilot avid Relos l� J'amea' Mueller 9 ;1-, u,,,L-, Eliza�be�tthMaradik Therese Dorau ATTEST: Linda Martin, Clerk 227 W. JE FmsoN BouLEvARD SUITE 1400 S. SouTH BEND, IN 46601 -1830 March 3, 2016 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 PHONE: 574/2354371 Faux: 574/235 -9021 RE: Real Property Tax Abatement Extension for: The LaSalle Apartments, LLC Dear Council Member Ferlic: On March 10, 2014, Great Lakes Capital Development was granted declaratory resolution number 4327 -14 for a 10 year real property tax abatement for work to be completed at The LaSalle Hotel. Confirming resolution number 4330 -14 was passed on March 24, 2014. The project never materialized and RealAmerica Development, LLC, operating as The LaSalle Apartments, LLC, purchased the property and began revitalization work to the building. On January 21, 2015, Real America Development, LLC was granted the transfer of the original abatement. Per Section V of the original resolution #4327 -14: `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." Due to the transfer of the original abatement, the work will not be completed during the two year window, as noted above. The project is currently scheduled to be completed in September 2016. We kindly request a one (1) year extension be granted, enabling the work to be completed and for the abatement to remain active. A representative from Real America Development LLC will be available to meet with the Committee on March 14, 2016. 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 -5823. Sincerely, Aaron Kobb Director Economic Resources Filed in Clerk's Office MAR 0 9 2016 KAREEMAH FOWLER 1Z RESOLUTION NO. A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 4330 -14 DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 237 North Michigan Street, South Bend, IN 46601 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR The LaSalle Apartments LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area located at 237 North Michigan Street, South Bend, IN 46601 and which is more particularly described as follows: Lot 10 P So Bend Lot 2 & N 33.45' Lot 3 O P 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; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. WHEREAS, the Council issued a Confirming Resolution confirming the adoption of a Declaratory Resolution as Resolution No. 4330 -14 on March 24, 2014; and WHEREAS, the petitioner has exceeded the two year designation period granted in the Confirming Resolution, which expired on March 10, 2016; and continues to move forward with the project with the full expectation of completion in 2016. WHEREAS, the Petitioner has requested an additional period of time to complete construction of the planned project. Due to the transfer of the abatement from the previous developer, RealAmerica Development, LLC did not have a full two years to complete the planned project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Petitioner acknowledges that they have exceeded the two year designation period granted in the Confirming Resolution due to the following: A. This abatement approval was transferred to RealAmerica Development, LLC, operating as The LaSalle Apartments, LLC, after the previous developer was unable to move forward on the project. RealAmerica Development, LLC was granted the transfer on January 21, 2015 and began construction on the building. The project is currently scheduled to be completed in September 2016. The Common Council hereby finds that the extension of the designation is appropriate in light of the aforementioned reason noted above. SECTION II. The Common Council hereby reconfirms its Declaratory Resolution and its Confirming Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to three (3) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION III. The Common Council hereby determines that the property owner is qualified for and is granted Real 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 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seg SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. PRISE F40T APPROVED I�DOPr�n Member of the Common Council 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 March 9 2016 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT Scow FORD, EXECUTIVE DmEcToR Council Member Cavan Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Tax Abatement Petitions for: The Tower at Washington Square, LLC Dear Council Member Ferlic: PHONE: 574/235 -9371 FAX: 5741235 -9021 "The provided information in this cover letter and accompanying documentation are from the original packet provided to Council and is being included to Council for informational purposes due to the time delay in bringing back the Confirming Resolutions before Council for approval. Please find the attached information pertaining to the vacant building and real property tax abatement petitions for The Tower at Washington Square, LLC. Department of Community Investment's summary report ➢ Copy of the petitions ➢ Statement of Benefits forms ➢ Supporting information. The report contains the Department's findings relative to the above petitions. As detailed in the accompanying Tax Abatement Report the petitioner is requesting exceptions to the local ordinance as allowed by State law. A representative from The Tower at Washington Square, LLC will be available to meet with the Committee on Monday, March 14, 2016. 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 -5823. Sincerely, Aaron Kobb Director Economic Resources Filed in Clerk's Office [MAR 0 9 2016 KAFEEMAH FOWLER CITY CLERK, SOUL4 BEND, ON PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES PAMELA C. MEYER BRIAN PAWLOWSKI AARON KOBB RESOLUTION NO. A RESOLUTION MODIFYING AND CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS: 211 West Washington Street AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR: APARTMENTS LOCATED AT THE TOWER AT WASHINGTON SQUARE LLC WHEREAS, the Common Council of the City of South Bend, Indiana, adopted Declaratory Resolution No. 4506 -15 (the "Declaratory Resolution ") designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and which was adopted by the Council on October 27, 2015 and approved by the Mayor that same date WHEREAS, the Declaratory Resolution designated a portion of the property commonly known as 211 West Washington Street, South Bend, Indiana, and which is more particularly described as follows: Lots 239 & 240 & Vac Alley W & Adj OP and which is to be rehabilitated for use as apartments as an Economic Revitalization Area; and WHEREAS, said property has been subdivided into four (4) separate tax parcels and the legal description and Key Number for the parcel relating to the apartments is as follows: [LEGAL DESCRIPTION] Key Number (said parcel being referred to hereinafter as the "Property "); and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, a copy of the notice of adoption of a Declaratory Resolution and a statement containing substantially the same information as a statement of benefits filed with the Council has been filed with each taxing unit that has authority to levy property taxes in the geographic area pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing on March 14, 2016 for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby modifies and confirms its Declaratory Resolution to designate the Property as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for real property tax abatement only and is limited to three (3) calendar years from the date of adoption of the Declaratory Resolution by the Common Council rather than the two (2) calendar year designation due to the size, scope and complexity of the rehabilitation of the property. SECTION 11. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for up to a period of ten (10) years as provided in the alternate abatement scheduled below pursuant to Indiana Code 6 -1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea. Real Property Year Abatement 1 100% 2 100% 3 90% 4 85% 5 85% 6 85% 7 85% 8 60% 9 60% 10 60% -2- US.105007109.01 SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. PRESENTED NOT APPROM kr',rIDTtn -3- US.105007109.01 Member of the Common Council Fileciin GO&-Wi (Dttce 0 � j ?�qjfi W-EEMAHTF,V-IJ-LER r 7 ITI-I TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: AARON KOBB SUBJECT: REAL PROPERTY TAX ABATEMENT PETITIONS FOR: The Tower at Washington Square, LLC DATE: March 9, 2016 Attached please find the petitions of The Tower at Washington Square LLC (the "Petitioner "), seeking real property tax abatement for the real property within the City of South Bend, Indiana, commonly known as 211 West Washington Street (the "Property "). In order to permit Petitioner to increase the scope of the rehabilitation of the Property, Petitioner requests that the Common Council rescind Resolution 4353 -14 adopted on April 28, 2014 by the Common Council and Resolution No. 4361 -14, adopted on May 12, 2014 by the Common Council which previously designated the Property as an Economic Revitalization Area for the purposes of tax abatement and only for a period of two (2) calendar years. As part of the increase in scope of rehabilitation, the Property shall be subdivided into four (4) separate tax parcels based upon the designated use of each tax parcel. The designated uses of the parcels shall be (i) a hotel; (ii) retail; (iii) parking garage; and (iv) residential apartments. Upon the subdivision of the Property, the Petitioner expects that each parcel will be owned by a separate entity, each affiliated with the Petitioner. The Petitioner requests a vacant building deduction for the parcel designated for a hotel. At this time, the Petitioner also requests a deduction for real estate improvements for the retail, parking garage, and residential uses. The requested tax deduction for the hotel, retail, parking garage and residential are set forth in the tax abatement schedule in each petition. The Petitioner requests that the Common Council now consider the (4) four petitions filed herewith and adoption of the related confirming resolutions. The Common Council should note the following exceptions to the local ordinance being requested for these petitions: Tower — Hotel ➢ Standard designation for an Economic Revitalization Area is two years. Petitioner is requesting this be three years. Project would qualify for a two year vacant building abatement. Petitioner is requesting a ten year abatement. ➢ Petitioner is requesting a revised abatement schedule as detailed in the accompanying Confirming Resolution. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES PAMELA C. MEYER BRIAN PAWLOWSKI AARON KOBB • Tower Retail ➢ Standard designation for an Economic Revitalization Area is two years. Petitioner is requesting this be three years. ➢ Project would qualify for a six year real property tax abatement. Petitioner is requesting a ten year real property abatement. ➢ Petitioner is requesting a revised abatement schedule as detailed in the accompanying Confirming Resolution. • Tower Parking Garage ➢ Standard designation for an Economic Revitalization Area is two years. Petitioner is requesting this be three years. ➢ Project would qualify for a three year real property tax abatement. Petitioner is requesting a ten year real property tax abatement. ➢ Petitioner is requesting a revised abatement schedule as detailed in the accompanying Confirming Resolution. • Tower - Apartments ➢ Standard designation for an Economic Revitalization Area is two years. Petitioner is requesting this be three years. ➢ Project would qualify for a nine year real property tax abatement. Petitioner is requesting a ten year abatement. ➢ Petitioner is requesting a revised abatement schedule as detailed in the accompanying Confirming Resolution The Common Council should also note the following business case considerations for allowing an exception to the local ordinance: • The building is the most prominent building in downtown and requires substantial investment to cure mechanical and structural deficiencies. • The proposed use fits in with the overall plan for the downtown. • The proposed deal structure requires no public cash investment. PROJECT SUMMARY FOR THE FOUR REQUESTED ABATEMENTS ➢ Total project taxes during ten year abatement period— $5,825,917 ➢ - Estimated taxes being abated during ten year abatement period — $3,778;026 ➢ Total taxes to be paid during ten year abatement period — $2,047,891 EMPLOYMENT IMPACT Per the petitions, it is estimated that the total project will: ➢ Create 89 permanent, full-time jobs in the ten year abatement period, representing a new annual payroll of $2,899,894 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has been granted or associated with a previous abatement. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner does not meet the qualifications for a ten year real property tax abatement under section IC. 6 -1.1- 12.1 -4.8 and requests exceptions to the local ordinance. 47th Avenue, 9rd Floor w -I Iim No No Y see separate pepgon New Proie-ct Investments Calendar Year jtrtr;l��t�mlr�[6•r� i 's �1�IIiP5��1'llFlli nl" �'�; V71- tih;.. i�', hrrh� JO J- idtl,Ji'1'u[ l,{ C 1;I3ai1 rr,l��;9,r ,rsll�r�� �,�];1';r a 7; .Plid ✓�, I fll�i:'rl? .1 (I ,i t f f 'ii'? %Iri,•I'1I,Qii�71i +O;i ?RZ '+t t - tij.�iif�:1?I�1!aiiie3�ili TMAt. - _- 2015 2016 2017 2018 2014 2020 2021 2022 . Full -Time Permanent Indiana - Resident Positions by Calendar Year - �: - -- - ix�l IP tt' JSiljh �( t irP;d :13' ,_Illy? ,, - VII �Zail ) t�; ',1! ( . al(iLi '.; l,'r jy yfy .� ; ,•1 i'uii],t. I'`tr, 7s i I•. ctbT7J ?d. i �t . 7ir"r) d' l: .30 - 1iIu t1pr.' 1 1 Provide hourly wage information for new employees in the following positions. E 77 .✓ -- f f.r 1 ��,1 7 I; r�C t �,.,i�'dx if t - ;�11 E�� ®�� �er``1'i•J� `l, _� r? �1 f? %'� , - Please list the number of full time and part time minority and /or female employees for each of the last three years: IC, ; ` ` �~� �/!� / ` � / i ' ` ``�a -`'`'� i `� } `'. ��7stta SuItN uMUS -tafrZ nrinlY�,_ i�1f7�(dGj,L7n�� ;9 1, fX7, 7sC1��+gf.t ;R — )�� 4r),Ylv�F i ) �Jlisrt II irS L trill[ -i C 1 ( !�- �� I�;,AtTY I).d'1�r'i ci!?Ilil!dSr tJ= �iiIFJ(t7d7C,3� 1 : -11:1 — — - — •1 �rI�YJ{ Ih It 1:t [ (u �_i}] iI f 3'77 FII1 +7 dd ISrltt �(NXx.j:T�b�)tA Lf 7F.s $�1dT7d�N.;d if Nebf�h I ;0W, 'i'Z? li " uI t a•11[ 7�t IC 1 Staff Use Only Please fill out the Public Benefit Summary InfOrtnatlOn and add tO the total frnrn above. �iL2 03 1;?t�t�iz ,t 7C "It�Y I f nxt� 15fziJl I73r irk? ]r73�r; DIM," ," ';'- .. - - ; � xl•f7,T �I l�ijf?iir J 1- `Ztie_T (GP, i .L 1) How do Ipaymypetition tiling feel Xourpetition fllingfee can be paid either in person or via mail to: Or online "via paypal at: City Clerk's (Vice http:/ /$buthbondin.gov /government/ Attn: Deputy City Clerk content /tax- abatement 227Westleferson Blvd.. Suite 100 S South Bend, Indiana 46601 2) Certified Technology Park appropriate? (Page one, under project overview) In the South Bend area there are only two Certified TechnologY . Parks, Innovation Park and Ignition Park, If yourproperty is not located in either then the answer would be no. 3) Community Fevitalization"Enhancement District? (Page one, underproject overview) The map below outlines the CXlED area, please check to see if you fall within the boundaries. �- CR "EaD b WHO goundary Poland bunham Fhhbr . Q@ ignition stup,;�., i ' Broadway._. Legend N. cnE.0 a.idw ` Indiana xc Indiana � /t '06eulh Bind Partetr 1 4) Has any 504 fending been received? (Page one, under investment details) 504 Fundingis a loan that come from the Small BusinessAdministration , This funding must be applied for to be received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent per year on training over the course of theproject, 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the kngth of theproject, If you have any additional questions that are not addressed by this document please contact Sarah Heintzelman in the Department of Community Investment at 574. 235.5842 or email at sheint2e ea Me" 'n gov SECTION 1 TAX PAY R INFORMATION TATEIVlft�T q j8E1>fEF►rs 1f�ICAaB 1DIN pQtiCT14N resixi6e by the pb arllYieat of G>Fal Gal emrnerlt pipahi >w j ?hls rltt jatelmen! f/i }s} belnst cb'mPleleO -ior isal propo' that puoiliApe as pt►'e1.tDible va a : u iC'li•i1'12,1'1 \1%�• L 2oy PAY go- � "' in' at� aopAee b itr7,7a / r The' C 1 ab4a SECTION 1 TAX PAY R INFORMATION A11-h- y MOOA we :h°� r8f. SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT yemeroi° sil r x ii n iribor outhen�omlllan Council LOP# oI propedY Couray �' OLOF Wi1nb d ildol dunow 211 Wi Illlashinpton �! St. Joseph veaeApUo4 W NigiWe Vae•nl bu1141".- M' 11 propvt aWderoif.. fit will oceupy &50 s faun! shoo /sNneces" aiy). Esumaied Vdupartey drie (month, day year) liole� is_part of a mi>t8d ute buliding Hotel was closed in June 2014 shortly after purchase as 01/01/17 building had fallen Into sevQre disrepair and occupancy was (ess than 10% CNuner intends "to refurbish buii�ing beglnntng to Iate:20i5 with N -occu` an to 40W , n ears 2017 EyUmated date plii:etl In •use - (month, day" 1011f) SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS A RESULT OF PROPOSED PROJECT Current niabar '`'' Sed•s ''' lluifilie "r'ieleined'" `' Salarks itnibajaNd(onN SECTION ESTIMATED TOTAL COST AND VALUE OF PROPOSEDPROJECT u REAryL ESTATE 11NIll OVIc+' ''-_ r^•h Rte.:: x r. ,-- ._......__. ASS €SSEDVAL`t1E. , CurrentValpes = Plus eslmele�i Uaiuos of 4 nosed ro ect., 15;245,27#.00 i i We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution, passed or to be passed under IC 6 -1.1 -12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years' (see below). The date this designation expires is B. The amount of the deduction applicable is limited to $ C. Other limitations or conditions (specify) _ D. Number of years allowed: ❑ Year 1 ❑ Yearn ❑ Year 3 ❑ Year 4 ❑ Year 5 (-see below) ❑ Year 6 ❑ Year 7 ❑ Year 8 ❑ Year 9 ❑ Year 10 E. For a statement of benefits approved after June 30, 2013, did the designating body adopt an abatement schedule per IC 6- 1.1- 12.1 -17? . Yes ❑ No If yes, attach a copy of the abatement schedule to this form. if no, the designating body Is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the Information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits Is sufficient to justify the deduction described above. Approved (signature and title ofauthodked member ofdesignating, body) Telephone number Date signed (month, day, year) Printed name of authorized member of designating body Name of designating body Attested by (signature and 8tle ofattester) Printed name of attester If the designating body limits the time period during which an area is an economic revitalization area, that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6 -1.1- 12.1 -17. IC 6 -1.1- 12.1 -1(17) "Eligible vacant building" means a building that: (A) is zoned for commercial or Industrial purposes; and (B) Is unoccupied for at least one (1) year before the owner of the building or a tenant of the owner occupies the building, as evidenced by a valid certificate of occupancy, paid utility receipts, executed lease agreements, or any other evidence of occupation that the department of local government finance requires. IC 6- 1.1- 12.1 -17 Abatement schedules Sec. 17. (a) A designating body may provide to a business that Is established In or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: (1) The total amount of the taxpayer's Investment In real and personal property. (2) The number of new full4lme equivalent jobs created. (3) The average wage of the new employees compared to the state minimum wage. (4) The Infrastructure requirements for the taxpayer's investment. (b) This subsection applies to a statement of benefits approved after June 30, 2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten (10) years. (c) An abatement schedule approved for a particular taxpayer before July 1, 2013, remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of,benefits. Page 2 of 2 New Proir,ct Investments Calendat Year lrliitiir, {aii�.rlif <,) at rS i )�t'lf)Ii (li:iflf 9f t} f'3riIG7j!?rl,f i(rl y'Gil �l a 7uI�i1 #; � � �' Ia IIatPYrl da / �f,x I?ll r79n� �, � rxat7�rriD,i /l,rr? +llr�l� ;.r cT 3- �r ri7i�. r�� �t iftn� llllifirtidn;n it . �_.; lAt 41 ;ti ! ii,ifr I 9i if i TOTAI 2015 2016 2017 2018 2019 2020 20 ?1 2022 Full -Time Permanent Indiana- R-,:;ident Positions by Calendar Year •r ((lflif ll'l.l' I .1 i77 t`s lu[ ' la�fl�r x'le} Irrlliilt A 17 -113r �Il ((ui' J�ii�r �e lip tt(> w ��7ull.d5 r3,( ;- r I - !rl {� - %ri ^•7 nFlr irlvJ7 ?>rr7�N L ik 171 Td�: it 13d er(tt fiq!Et 3.1'.. �d +�. ,u ?li ?. I �•.e l�iT -.•.r ti tr51(r�f'! Provide hourly wage information for new employees in the following positions. %rT•r"it�7 n;lif i�t i I- h71rlt �`ii'l17 �r^T�f ti3 fYf rIUS' ; J. _ I Please list the number of full time and part time minority arid/or female employees for each of ( r n,• r 7.gi7T?�f7L IY3 the last three years: ir ` 7 �u 3 r ,3 ) 7 l[9rJTfm ii C ji rl. f.. !� r a, r.lII.lp6i141_]� ➢addiiir I; iI311tIPI ]'{ r'll+;�:i;, 1n i�F � :� ;Z�t�r] 7"e r� , ri �.iti'ifTf Zi�X�i i7 ,. a!Il �?!II t17-= f fi raJ ?i1 ?i b ,1J7 ! ?iir err} r Ali ".Trill ] r]i <.iUf +'; !1L1T�yf3tJfY�a3�t'�7f ;fafrtr C1:.: t0. t b �I7 I�rtI I�IFfii 7 71�.]ril,,Lr J Jf;)J] � f� #iax3 � ".fJ7r7,.�3w41`ltb('ti _ a�Jt3�i}t �l77cfl4Jfz}t J a .isLrlic�: ji Staff Usc Only Please fill out the Public Benefit Summary Information and add to the total from above. � 6u1.i�t G rJiLi._ 7, 7777777,77-] f - _ t5�- .lfl�rL1:`✓3�f ail 'x��ii�k +Jr] )t', J tr71f1; i _ t5�- .lfl�rL1:`✓3�f ail 'x��ii�k 1) now do I pay my petition filing fee? Xourpetition ftlingfee can be paid either in person or via mail to: Or online via paypal at: city Clerk's Office htip:Ilsouthbendh govlgovernmentl Attu: Deputy Ciy Clerk content %tax - abatement 227 Westlef ferson Blvd. • Suite 400 S South Bend, Indiana 46601 2) Certified Technology Park appropriate? (Page one, under project overview) In the South Bend area there are only two Certified Technology Parks, Innovation park and Ignition Park, If yourpropertyis notlocated in either then the answer would be no. 3) Community Revitalization Enhancement District? (page one, under project overview) The map below outlines the CRED area,. please check to see ff you fall within the boundaries. CRBeD District Bour dary Ford�P� s= Tint = Tun sample i IpnHfon .. stipu_� ' aroadWay —_.. Legend N 1 QCHE.D Diatrial ;. OroM 111db1 tl L r 4) Has any 504 funding been received? (Page one, under investment details) Sod Fundingis a loan that come from the Small Business Administration, This fundingmust be applied for to be received. 5) Total training expenditure - not cumulative (Page two, under fall time Indiana resident positions) The amount ofmoney to be spentperyear on training over the course of theproject. 6) Total number to be trained - not caunulative (Page two, under full time Indtanaxesident positions) The amount of people that you will train per year over the length of the project. If you have any additional questions that are not addressed by this document; please contact Sarah Heintzelman in the Department of Communitylnvestmentat574 .235:5842 or email atsheintzgesouthbendbi.gQ 1*961 Oft e- ICU, .�i We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution, passed or to be passed under IC 6.1.1 -12.1, provides for the following limitations: A. The designated epee has been limited to a period of time not to exceed calendar years* (see below). The date this designation expires to S. The tyPe of deduction that is allowed In the designated 'area is limited to: 1. Redeveiopment or rehabilitation of real estate improvements 11 Yes ❑ No 2. Residentially distressed areas' ❑ Yes ® No C. The amount of the deduction applicable Is limited to $ D. Other limitations or conditions (specify) >_. The deduction is allowed for years* (see below), F Did the designating body adopt an alternative deduction schedule per IC 6 -1.1 -12.1 -177 CI Yes ❑ No If yes, attach a copy of the alternative deduction schedule to this form, We have also reviewed the information contained in the statement of beneilis and find that the estimates and expecldtions are reasonable and have determined that the totality of benefits is sufficlent to Jusllfy the deducti(rh described above. Approved ( signarure and N11e ofauthorhed member ofdeslgne!!!�Deslqnated Telephone number Date Signed (idonlh; day, year) Attested by (signature and fille of etlestv6 body * if the designating body limits the time period during Which an area is an economic revitalization area, it does not limit lie length of time a taxpayer is entitled io receive a deduction lo a number of years designated under IC A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. if the Economic Revltallzatlon Area was designated prior io July 1, 2000, the deduction period Is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated 'after June 30, 2000, and is not in a residentially distressed area, the deduction period may not exceed ten (10) years. Page 2 of 2 New Projert_Investments Calendar Year 201S 201G 2017 2018 2014 202.0 2021 2022 k�LI I l I1F i I I Ittltll,ri�aufalibi �t,EI: �� ®����� 'Pa [ ]))t•IL?ir 7t,1d C, ?t•lil � �� ®��® r c Jik3lt�s'tiflYLitl� t(rrl {�iC3 �.°ari£air3'�;L7- 1i,)iu IJ 7fy ?Lir, - TOTAL full -Time Permanent Indiana - Resident Positions by Calendar Yeas (9'l Jl[II kdIr 'iJ•) >Cli'1dT Ir•1 ill O' IIi d'Iflti iilr il_3 Isll::i '+r,.,_ty Itl� �%A !i iZSIItJ,Ia��ly) 1.f }1�1�Al Jf t4 -,j- a13112i`•7 L1T�i] �'7 ur�l!rfI =, �I W 0' 'J"" �' yul Illu Irk Sl �) } ( I ihlllJ tflu Please list the number Provide hourly wage information for new employees in the following, positions. iiT117S37I11 s -' Ztnl;ita ±Iti,� -_ � Please list the number of full time and part time minority and /or female employees for each of the last three years: L F j- fY ��� ire )�7i'j +9Pii'- �i171[']ir. -Y'.�� �ii� 7' ' fllzr }rCrJlJj�2:�ITir�TlSc�f�Y7 ��C71 aj7uP 7 T, y-, Hrl rtfJ l"dtJ f)r TrfJt -{ 1 fl( ' }iS� 111 )'n-1�t f` IJf E:J r17�'T ^j �J7 /1}.J� iJ 1l h)� ti•-U 145 �tl �, ^� jy� � -- _ -___ , I � I�_ NSF � � r 1�,Lll3.ris?ryirt'r+ [� Staff Use Only Please fill out the Public Benefit Summary Information and add to the total horn above. ire )�7i'j +9Pii'- �i171[']ir. -Y'.�� �ii� 7' r q , � I�_ NSF � � r 1�,Lll3.ris?ryirt'r+ [� YF c3 - ! ire )�7i'j +9Pii'- �i171[']ir. -Y'.�� �ii� 1) HOW do I pay my petition filing fee? four petition filing fee canoe paid either in person or via mail to: City Gleries'office Attn: Deputy City Cleric 227 Westle fierson Blvd. • Suite 400 S South Bond, Indiana 46601 Or online via paypal ah http:llsouthhendin govlgovernmentl content /tax - abatement 2) Certified Technology Park appropriate? (Page one, underproject overview) In the South Bend area there are only two Certified Technology Parks, Innovation Park and Ignition Park. If your property is not located in either then the answer would be no. 3) Community Revitalization Enhancement District? (Page one, unde rproject overview) The map below outlines the CRED area, please check to see if you fall within the boundaries. f 4 , 7 • CRbBD District Boundary Flshar sow., _ J 7-3 A-11i u. Tut!I '= TUN . I p � __._ � �?. Kerr � _ .• -. Ahto... fpnlUoh'.: �` �tuU e '_I1ano Legend ;CHEDDiddd IridIiM - -A 08oulh MnAParu1. 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that come from the Small.Business Administration. T his funding must be applied for to be received. 5) Total training expenditure not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spentper year on training over the course of theproject. .b) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the length of theproject. If you have any additional questions that are not addressed by this document, please contact Sarah Heintzelman in the Department of Con at574.235..5W or email at shdntzeasouthberidin:ooy kallb 2 AA le- vrier kaltgrr ]a P, 1*11mij Pffi; NO #Addj oaf 'w tosT Cun6n1 valeta:: -9-2 141-9 fly pi SECTIa'46 TAXPAYER CURWICATION Pu Flow Page 1 .Of 2 We, find that the applicant meets the general standards in tho resolution adopted onto be adopted by this body. Sold resolulloit, passed dr to be passed under IC 6 -1.1 -12.1, prouides'tor the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years" (see below). The date this designation expires is B. The type of deduction that is allawed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements a Yes t] No 2. Residentially distressed areas ❑ Yes ® No C. The amount of the deduction appitcable is limited to $ D. Other iimite0ons or donditions (specify) E. The deduction is allowed (or. years" (see below). F Did the designattng bddy adopt an alternative deduction schedule per IC 6-'1.1- 12.1 -17? ❑ Yes O No If yes, attach a copy of the altemative deduction schedule to this form. We hfive also reviewed the information contained in the statement Of benefits and find !Fiat the estimates and expectations are reasonable and have determined that the totality of benef la is sufttclent to justify the deduction described above, Approved (sfgttafure andlllle ofaugrorfzed memberofdesignadng body) Telephone number Date stoned (mdplh, day, yeai7 Aflested by (signature and title of etlesler) Desfqnafed body if the designating Body limits the time period during which.an area Is-an economic revitalization area, it does not limit the length of time a laxpayer is entitled to receive a deduction to a number of years designated under iC A. For residentially distressed areas, the deduction period may not exceed five (6) years. B. For redevelopment and rehabilltation or real estate Improvements: 1. If the Economic Revitalization Area was designated prior to July 1., 2000, the deduction period is limited to three (3), six (6), or ten (10) years, 2. If the Economic ReAlalizalidnArea was designated after June 30, 2000, and is-not Ina residentially distressed area, the deduction period may not exceed ten (10) years. Page !'of 2 New Project Investments Calendar Year 2015 2016 1 <.i! I rtli N'j} i :�__■ F�hii[I11I i1�7 /r ]gall =.�l ; f,)�4l irir i 7 ���.i__■ 1 �� i�r r• iii ��53�EJriy7 r ryfTrr7li � �._7��� 3 ,�S3A'Uj>>iyfl� Ci ?Iri ���� lOi:4L Full -Time Permanent Indiana- Resident Positions by Calendar Year rTllfiT ,1b 1 -,��aJ It CPI�S*�i r<`_i ,YtfT�tr�rf� rtt /r,, jf nr,Yn�t ?f }'7x a .I ur �1•t} -, , ,-� a - 2017 2018 2019 2020 2021 2022 a"rlx',T IK y - Provide hourly wage information for new employees in the following positions. l4'U3 ullr =iii I ilt)i l!Cli J X17 ,7 A7?J II rT; f? _ j 7 Y3, n rr a ni -r %r i t it> a - - Please list the number of full rime and part time minority and /or female employees for each of the last three years: un -1 7 rrhi I r i , `a, iili (- r�F1 lui, 7`Sr rat tip >F f' I IIL7n 7 F� nl �Y7�1 S>>' 7 Staff Use Only Please fill out the Public Benefit Summary Information and add to the total from above. 1) How do I pay my petition filing fee? Xourpetition, f cling fee can be paid either in person or via mail to: Or online via paypal at. City clerks Office hq.11southbendin gov /government/ Attn: Deputy City Clerk content/tax- abatement 227 West lefferson Blvd. • Suite 400 S South Bend, Indiana 46601 2) Certified Technology Park appropriate? (Page one, under project overview) In the South Bend area there are only two Certified Technology Parks, Innovation Park and Ignition Park. If your property is not located in either then the answer would be no. 3) Community Revitalization Enhancement District? (Page one, under project overview) The map below outlines the CRED area, please check to see if you fall within the boundaries. - - " 1 I nd g'f. 15u 5hetP I P/ �Ve`gaw' - i?_Kert fd aaenauos �— ..Indiana Q South Sand Parcels CR860 District Boundary _.. 4) Has any 504 funding been received? (Page one, under investment details) 504Funding is a loan that come from the Small BusinessAdministrationr This f indingmust be applied for to be received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions). The amount of money to be spentper year on training over the course of th e project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the length of the project. �_- Ifyou have any additional questions that are not addressed by this document; please contact Sarah H i>t" lithe : Department of Community Investment at 574. 235.5842 or email at sheintze[asouthbendin.eov fdt E L C1.E •itly 7utt . ::. al J -' LL I € sroedway.. -;T NI'j JI 4) Has any 504 funding been received? (Page one, under investment details) 504Funding is a loan that come from the Small BusinessAdministrationr This f indingmust be applied for to be received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions). The amount of money to be spentper year on training over the course of th e project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the length of the project. �_- Ifyou have any additional questions that are not addressed by this document; please contact Sarah H i>t" lithe : Department of Community Investment at 574. 235.5842 or email at sheintze[asouthbendin.eov fdt E L C1.E •itly Rage 1 OM We find that the appllcarit ifieels "the genetal etaradards In "the resolution adopted or to be adopted "by this body. Said resolution, passed or to be passed under IC 8-1:.1 -12.1, provides for [he fditowing Limitations: A. The designated area has been1lmiled 10 a period of lime not to exceed expires is calendar years* (see below). The data ibis designation B. The type of deduction that is allowed fn the designated area is limited lo: 1. Redevelopment or rehabilitation of real estate Improvements 13 Yes ❑ No 2. Residentially distressed areas ❑ Yes 13 No C. The amount of the deduction applicable is limited to $ D. Other limitaliods or conditions (specify) E. The deduction Is allowed for years* (see befoRl. F. Did the designating body adopt an alternative deduction sohedule.per IC 6 -T.1- 12.1 -17'? Q Yes Et No If yes, attach a copy of the alternative deduction schedule to this form. We have also reviewed the information contained In the statement of benefits and find ttiat the estimates and expectations are reasonable and have determined that the totatily of benefits is sufnciaht to juslify the deduction described above. Approved (signature and title ofeulhollied member ofdesignaling body) Telephone number ( ) Attested by (signature and BBe ofattester) Designated body (month. `If the designating body limits the time period.during which an area is an economic revitailzaiion area, it does not limit the length-of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.1- 12.1 -4. A. For residentially distressed areas, the deduction period may not exceed five (b) years. B. For redevelopment and rehabilitation or real estate improvements: 1. if the Economic Revitalization Area was designated prior 10 July 1. 2000, the deduction period Is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area vies designated after June 30, 2000, and Is not in a residentially distressed area, the deduction period may not exceed ten (10) years, Page 2 of 2 227 W. JEFFERSON BouLEvARD SUITE 1400 S. SouTH BEND, IN 46601 -1830 March 7, 2016 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common. Council 4th Floor, County City Building South Bend, IN 46601 PHONE: 574M5-9371 FAX: 574/235-9,021 RE: Real Property Tax Abatement Petition for: East Bank South Bend Development, LLC Dear Council Member Ferlic: Please find the attached information pertaining to a real property tax abatement petition for East Bank South Bend Development, LLC: ➢ Department of Community Investment's summary report Copy of the petition Statement of Benefits form Supporting information. The report contains, the Department's findings relative to the above petition. East Bank South Bend Development, LLC will be investing approximately $2,500,000 in the construction of a new six story mixed use building. The project meets the qualifications for an (8) eight year real property tax abatement. A representative from East Bank South Bend Development, LLC will be available to meet with the Committee on Monday, March 14, 2016. 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 -5823. Sincerely, ,' �` "- Aaron Kobb Director Economic Resources Filed in Clerk's Office MAR 0 9 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN PLANNING NEIGHBomow ENGAGEMENT Busmss DEVELOPMENT ECONOMIC RESOURCES PAMELA C. MEYER BRIAN PAWLOWSKI AARON KOBB 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 215 Sycamore Street, South Bend, IN 46617 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN (8) EIGHT -YEAR REAL PROPERTY TAX ABATEMENT FOR East Bank South Bend Development, LLC WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 215 Sycamore Street, South Bend, IN 46617 and which is more particularly described as: LOT 9 EAST BANK TOWNHOMES MINOR SUB NP #132 01 -06 -11 and which has Key Numbers 018 -5003- 005808 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sue., 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 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 (8) eight 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 2 Code § 5 -3 -1 and Indiana Code § 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council 3 Filed in Clerk's Office MAR 0 9 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: AARON KOBB SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: East Bank South Bend Development, LLC DATE: March 8, 2016 On Wednesday, March 9, 2016, a petition from East Bank South Bend Development, LLC was received and subsequently filed with the City Clerk for real property tax abatement consideration for property to be located at 215 Sycamore Street, South Bend, IN 46617. 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 ➢ Estimated $2,500,000 construction of a six story mixed use building with ground floor commercial and residential on floors 2 -5 along with a common area on the sixth floor. The ground floor commercial space will be approximately 3200 square feet. Each floor of the residential units will consist of a one, two, and three bedroom apartment for a total of 12 residential units. ➢ Estimated total taxes on new and existing building construction during the eight year abatement period — $580,917 ➢ Estimated taxes being abated on new building construction during the eight year abatement period — $234,495 ➢ Estimated taxes to be paid on new and existing building construction during the eight year abatement period — $346,422 EMPLOYMENT IWACT Per the petition, it is estimated that the total project will: ➢ Create 2 permanent, full -time jobs within the eight year abatement period, representing a new estimate annual payroll of $91,520 ➢ 14 total jobs will be retained with a total annual payroll of $640,640 PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES PAMELA C. MEYER BRIAN PAWLOWSKI AARON KOBB ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has been granted or associated with previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for an (8) eight -year real property tax abatement under section 2 -84.2, Real Property Tax Abatement. r R Ir d .. 7 N U :1 > Q$ co Y m W t r °to r CD co v w r r co Mt0O Z d F 1 000 NM N(DM dl N 00 O MOOitno C MtMO �N SF tL6 P. mn co UA-11 I N l0 0 n N M< O a 0 r Nn I a Oti (OOM nO tO t°o m f- Lo cl) co M 0 0 N y d N NNN NNN N n 00 co � Z t0 (D !O !O t0 t0 fD t0 Y WI�OOr O tM0 �C m o }tooO�t� m V C N O N n 1 l j G. 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W 0 Y W W y m MNN N 'V 3 4� CV) co t0 MMMM C7 M T X ai ON N O NNN r p N d.~ NNNN 0 r W to U M c y pm7 It, N (y N N N N N N N NCIA NNNN N <NMaNtonao d c e } 00 o to tD ci �UW � a v C 3 W y y W N W W p W D of tttltlF « W W Y G. W 0 Y W y Q 2,0 Z l6 Z m V D V 4� F ^ W W I0 N 3 N y U M South Bend Development, LLC Matthews Member Was Ave 674 -607 -4271 117 DaVld@MatthewsLLC.com Construction of a 6 story mixed use building with ground floor commercial and residential on floors 2, 3,4 and 5, and a common area on floor 6. Commercial ground floor space is approximately 3,200 square feet. The objective Is to test the market for new residential' apartments In South Bend's Central Business DistricL Each of the floors 2 -5 will consist of a one bedroom apartment a two bedroom apartment and a three bedroom apartment. The total # of residential units is 12. The building Is to be built adjacent to the the East Bank Townhomes, facing Sycamore St. Filed in Clerk's Office MAR 0 20 6 KAREEMAH FO CITY CLERK SO BEND, IN f P z New Project Investments Calendar Year 2015 2016 2017 2018 2019 2020 2.021 2022 DOTAL Full -Time Permanent Indiana - Resident Positions by Calendar Year a i Provide hourly wage information for new employees in the following positions. Please list the number of full time and part time minority and /or female employees for each of the last three years: Erl }11 u`)� C3 ui13 A3 : Ain% G if L'c�Ju s Staff use only Please fill out the Public Benefit Summary Information and add to the total from above. �jil S:JJI`lifreFfA!u rr�?;.l 1) How do I pay ray petition filing fee? Your petition f ilingfee can bepaid either in person or via mail to. Or online vla pnypal at: City Clerk's Office htip.Ilsouthbendin gov /government! Attn: Deputy City Clerk content /tax- abatement 227 West Jefferson Blvd. • Suite 400 S South Bend, Indiana 46601 2) Certified Technology Park appropriate? (Page one, under project overview) In the South Bend area there are only two Certified Technology Parks; Innovation Park and Ignition Park. If yourproperty is not located in either then the answer would be no. 3) Community Revitalization Enhancement District? ( Page one, under project overview) The map below outlines the CRED area, please check to see if you fall within the boundaries. O . t Broadway . Haney .: 8 $ g N Legend bt M..D DiOW .�. b Indlene I Indne +I 0 8oua, Bend Parcels _ -- A(; G;. 1 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that come from the Small Business Administration. This funding must be applied for to be received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of m oney to be spent per year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the length of the project: Ifyou have any additional questions that are not addressed by this document, please contact Sarah Heintzelman in the Department of Community Investment at 574.235.5842 or email at sheinizeftouthbendin ga J I '1 _- 0-1 NUA, Fad" P/4* .. . Fotedil;� �f - I ' l}}� . fisher 3 I j O . t Broadway . Haney .: 8 $ g N Legend bt M..D DiOW .�. b Indlene I Indne +I 0 8oua, Bend Parcels _ -- A(; G;. 1 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that come from the Small Business Administration. This funding must be applied for to be received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of m oney to be spent per year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the length of the project: Ifyou have any additional questions that are not addressed by this document, please contact Sarah Heintzelman in the Department of Community Investment at 574.235.5842 or email at sheinizeftouthbendin ga STA'rE(NEA1T OF BENEFITS REAL ESTATE IMPROVEMENTS State Forrn wf;7 (R9) 2 -13) Prescribed by the [)epa trnent of Local Government Finance This statement is being compleW for real property Thal qualifies under file following Indiana Code (check one box): ❑ 12elieveloprneni or rehallltadot! of real estate improvements,(IC ❑ Residentially distressed area (IC 20 PAY 20-_, EORIYIB•1 i Real, Property PRIVACY NOTICE The costa(Id,eny spe*t IMIMdual'{ {elary (nfnrmaUoe is odnflfehUpl; the` bat bnce of the 1i11(lg t{ public cord periC 6.1 l -13 l-s 1(0) arttl f 0). SECTION •- • East Bank South Send Development, LLC Addressor likoyer (numbekand street cfly, stela, and ZIP code) 121 S. Niles Ave, South Bend, IN 46617 Name of contact person Telephone number E -mall address David Mathews f74 )6074271 David@MalthewsLLC.com I SECTION 2' LOCATION , Name of designating body Resolution number South Bend Common Council Location of property County DLGF taxing dtsUlcl number 215 Sycamore St, South Bend, IN 46617 St. Joseph County Description of real property improvements, redevelopment, or rehebililation (use eddMonalsheels I /necessary) Estimated start date (month, day, year) May 1, 2016 Construction of a 6 story mixed use building with ground floor commercial and residential on floors Z 3,4 and 6, and a common area on floor 6. Estimated completion date (month, day, Ye a September 1, 2016 Page 1 of 9 -We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution, passed or to be passed under IC 6 -1.1 -12.1, provides for the foliowing limitations: A. The designated area has been limited to a period of time not to exceed calendar years' (see below). The date this designation expires is B. The type of deduction that is allowed )n the designated area is limited lo: 1. Redevelopment or rehabliitaflori of real estate Improvements 13 Yes ❑ No 2. Residentially distressed areas ❑ Yes U No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for years" (see below). F. Did the designafing body adopt an alternative deduction schedule per IC 6 -1.1- 12.1 -177 [' Yes L7 No If yes, attach a copy of the alternative deduction schedule to this form. We have also reviewed the information contained in the statement of benelts and find dial.the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above, and tits of authorized member ofdasignating bod.4 Attested by (signature and fills ofatested 1 Designated signed (month, ` -If the designating body limits the time period during which an area Is an economic revilslizatton area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 64.1- 12.1.4. A. For residentially distressed areas, the deduction period may not exceed live (b) years. B. For redevelopment and rehabilitation or real estate improvements: 1. It the Economic Revitalization Area was designated prior to July 1. 2000. the deduction period Is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated alter June 30, 2000, and is not in a residentially distressed area, the deduction period may not exceed ten (16) years. Page 2 of 2 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 March 8, 2016 , CITY OF SOUTH BEND PETE BUTTIGmG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: Spectron mrc, LLC. Dear Council Member Ferlic: PHONE: 574/235 -9371 FAx: 574/235 -9021 Please find the attached information pertaining to a personal property tax abatement petition for .Spectron mrc, LLC: 9 Department of Community Investment's summary report Copy of the petition Statement of Benefits form Supporting information. The report contains the Department's findings relative to the above petition. Spectron mrc, LLC will be investing approximately $2,780,000 in the purchase of new pharmaceutical equipment. Spectron mrc, LLC will be leasing space in the newly constructed Ignition Park Catalyst Two building. The project meets the qualifications for a (5) five year personal property tax abatement. A representative from Spectron mrc, LLC will be available to meet with the Committee on Monday, March 14, 2016. 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 -5823. Sincerely, 001.4- /''&I Aaron Kobb Director of Economic Resources Filed in Clerk's Office MAR 0 9 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES PAMELA C. MEYER BRIAN PAWLOWSKl AARON KOBB 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 1265 Franklin, Catalyst Two Building, Ignition Park, South Bend, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR: Speetron mre, LLC WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1265 Franklin, Catalyst Two Building, Ignition Park, South Bend, IN 46601 and which is more particularly described as follows: Business Personal Property and which has a Key Number to be assigned be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et s_g., and South Bend Municipal Code Sections 2- 76 et seq., 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 sM., 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 pursuant to Indiana Code 6 -1.1- 12.1 -4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community Investment, and the Community Investment Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Commc n C6ngglin ice PIRESENTED NOT APPROVED EAR E 9 2016 kDOPT60 KAREEMAH FOWLER 2 CITY CLERIC, SOUTH BEND, IN TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: AARON KOBB SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: Spectron mrc, LLC DATE: March 8, 2016 On Monday, March 7, 2016, a petition from Spectron mrc, LLC was received and subsequently filed with the City Clerk for personal property tax abatement consideration for property to be located at 1265 Franklin, Catalyst Two Building, Ignition Park, South Bend, IN 46601. 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 ➢ Purchase of approximately $2,780,000 of new pharmaceutical equipment. ➢ Estimated total taxes on new equipment over the five abatement period — $238,487 ➢ Estimated taxes abated on new equipment over the five abatement period — $109,315 ➢ Estimated taxes to be paid on new equipment over five year abatement period — $129,172 EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will: ➢ Create 39 permanent, full -time jobs within the five year abatement period, representing a new estimated annual payroll of $2,022,592 ➢ 8 total jobs will be retained with a total annual payroll of $582,400 PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES PAMELA C. MEYER BRIAN PAWLOWSKI AARON KOBB ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. 1 A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year personal property tax abatement under section 2 -84.2, Tangible Personal Property Tax Abatement. RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1265 Franklin, Catalyst Two Building, Ignition Park, South Bend, IN 46601 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Spectron mrc, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1265 Franklin, Catalyst Two Building, Ignition Park, South Bend, IN 46601 and which is more particularly described as follows: Business Personal Property and which has Key Numbers to be assigned be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Council 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 1265 Franklin, Catalyst Two Building, Ignition Park, South Bend, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR: Spectron mrc, LLC WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1265 Franklin, Catalyst Two Building, Ignition Park, South Bend, IN 46601 and which is more particularly described as follows: Business Personal Property and which has a Key Number to be assigned 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 sue,., 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 sM., 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 pursuant to Indiana Code 6 -1.1- 12.1 -4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION H. The Common Council hereby determines and finds that the proposed new equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community Investment, and the Community Investment Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and. shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council 2 c c x0000 o Ntnn aOCnn n 0 ON O N Co a0 o M CAO to M N N CO n 00 0 N N N CA m co x0 0 0 N NON `') N p O N r O t[) O N O d' c°o`�)M tpO NO000 OOO o M CAO to W LO Orr M LO 00 m X.� OnCACnn N L V V O N O d' CO CO N N U) CO r Z d. MrInO M C4 N CF) n r t6 LC ce) 06 M M V N a �O �O n LO r o �M 0000 d100 000 0) P- M to to O CO CO Cb ti M ~ � N O O N M N M M MO V Q 0�. LO r tD to * m 0 0 O o N 00 O O d 000 0 o CD n o M n co O n n 'Ct COO N m r C O t A N N n F- O Coco N N IT (D CO M M OOr �Z NMMNN � 00 } N MMM 00 00 UONCN Eo�f- vwtoId M n C4 M M LO O 0) m N N r r (1 C 3 (D a jz_ _ 00 L x0000 0�\D 000 000 W rCptoNN n 3 > +�. N C0 CO CO M M Z'O c0 CV n Co CO NM NN 00 tt vi t0 r} NN O M M I- v co M LO W LO m N 7 Q. co �- r X d H N Qi m Q O O O O O 000 C m 00000 O Q o U; 0I x w • m CO R1 Q to o � :4� c � Q y U O > U r N M V to a) CO 2 U m } a) fQ N N t0 }} }� 7> m 2 o o 0 0 w N r y a O O n 0 0) N Q m O CO I--' 5 N Y 12 E M 0 a N o �) F- UW 2 m N N o nm N a d o a 0 CL m > ) d d - E to x U U m L N va .2 x mY to a"oi ov >� H m m - 2 U .- rn N y N Gl y m XL m m m d •m A EQ ..X+mH Y �.�+ 7 QQ y�Z a �Z mU ❑U E cQQ E U to �• N y O m N co rn w N to O` U _ tD lii Um� Q (9 a) U k 3 Spectron mrc, LLC; Spectron Equipment, LLC; Spectron Land, LLC Delaware LLCs Ignition Park , Indiana Building already complated 11,400 Gregory S. Hiatt 17490 Dugdale Drive Spectron mrc, LLC Gregory S. Hiatt leased is Capital I Director i or TARQY @sbcglobal.net Director Spectron mrc, LLC is a PET (positron emission tomography) radiopharmacy and radiopharmaceutical manufacturer. The company operates a cyclotron that creates positron emitting radioactive isotopes for the use in manufacturing pharmaceuticals used in nuclear medicine departments within hospitals and clinics. Additionally, Spectron mrc, fills prescriptions written by local physicians and distributes the prescriptions to the hospitals and clinics involved. In addition to the hospitals and clinics using PET radiopharmaceuticals, they also need and use, on a daily basis, a different radionuclide for nuclear cardiology, nuclear bone imaging, lung, liver and kidney diagnostic studies. The radionuclide needed is Technetium -99m and has had periods of product interruption over the last several years with the product shortage situation predicted to get more severe in the years going forward. The new business Is to operate a higher energy cyclotron and produce the technetlum-99m. The business plan is to distribute compounded radiopharmaceuticals using the technetium -99m produced in our cyclotron. The hospitals and clinics being serviced by our radiopharmacy (which Is a 2 to 3 hour delivery radius) won't be subject to the world wide shortages. This business advantage these health care providers will have will improve I os p tirand,anhenea{pe.- reputation of the local health care facilities given that these health care providers ill no ve a( other non - associated health care providers will have. The hospitals are very supportive this r already signed long term supply /purchase agreements with Spectron mrc. In the years ahead, Spectron mrc will be able to produce and supDlw other research. diagnostic arii fharanaiBic IN New Project Investments Calendar Year 2015 2016 2017 2018 2019 2020 2021 2022 TOTAL Fuli -Time Permanent Indiana - Resident Positions by Calendar Year Provide hourly wage information for new employees in the following positions. U ry Please list the number of full time and part time minority and /or female employees for each of A, 3 ,emu the last three years: Jl'nr h YL t54. Wll i 7�.1Ti�.•'�` Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Gregory S. Hiatt Staff Use Only Please till out the Public Benefit Summary information and add to the total from above. 1) How do t pay my petition filing fee?' Your petition filing fee can be paid either in person or via mail to: Or online via paypal at: City Clerk's Office htip :Ilsouthbendin.govlgovernmentl Attn: Deputy City Clerk content /tax - abatement 227 West Jefferson Blvd. • Suite 400 S South Bend, Indiana 46601 2) Certified Technology Park appropriate? (Page one, under project overview) In the South Bend area there are only two Certified Technology Parks, Innovation Park and Ignition Park. If your property is not located in either then the answer would be no. 3) Community Revitalization Enhancement District? (Page one, under project overview) The map below outlines the CRED area, please check to see if you fall within the boundaries. ! CREeD District Boundary r f ......' GrQoe .,Saint . - .South 0 Ford - 014%,jelow Dunham. - - -- Tuft - TUIt - Sample Kam - Ohio t Y Gwat i lgnilion 7 ...._.- Broadway � ..: Edward n " a 7 Haney Legend 6es tSSS Diehl t X Eg p� 1 tntliane_A 2� _ - _ N _ QCRErD Q :� _ Jndtana �i r ;,- g Q South Bend Parcels - __. _. `•� _ -' 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that come from the Small Business Administration. This funding must be applied for to be received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the length of the project. Ifyou have any additional questions that are not addressed by this document; please contact Sarah Heintzelman in the Department of Community Investment at 574.235.5842 or email at sheintzeasouthbendin,g2 STATEMENT OF BENEFITS PERSONAL PROPERTY Stale Form 51764 (R2 / 12 -11) Prescribed by the Department of Local Government Finance INSTRUCTIONS. FORM S 34 I PP PRIVACY NOTICE The cost and any aFPaciricindiv duars salary information is confidential; the balance of the tiling is public record _per IC 61.1- 12.t -5.1 c and d). 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making fts decision about whether to designate an Economic Rev lalization Area. Otherwise this statement mustbe submitted to the designating body BEFORE a person installs the new manufacturing equipment and/or research and development equipment, and/or logistical distribution equipment and /orinformation technology equipment for which the person wishes to claim a deduction. Projects "planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (iC 6 -1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc) must be obtained prior to installation of the new manufacturing equipment andlor research and development equipment andlor logistical distribution equipment andlor information technology equipment, BEFORE a deduction may be approved S. To obtain a deduction, a person must file a certified deduction schedule with the persons personal property return on a certffled deduction schedule (Form 103 -ERA) with the township assessor of the township where the property is situated or with the county assessor If there is no township assessor for the township. The 103 -ERA must be tiled between March 1 and May 15 of the assessment year in which new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or Information technology equipment Is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March 1 and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved alter June 30, 1991, must submit Form CF-1 / PP annually to show compliance with the Statement of Benefits. 5. The schedules established under 1C 8-1.1- 12.1- 4.5(d) and (e) apply to equipment installed after March 1, 2001, unless an alternative deduction schedule is adopted by the designating body (IC 6-1.1- 12.1 -17). SECTION •• • Name of taxpayer SPECTRON rnrc, LLC; SPECTRON LAND, LLC; SPECTRON EQUIPMENT, LLC Address of taxgayereum�erSjddstreet itt,�rr fate, and Zip code) 17490 Ougdale rive; outh en , n Tana 4�b35s Name of contact person Telephone number Gregory S. Hiatt 574 - 271 -2800 SECTION 2 LOCATION AND DE$CRIPTION OF PROPOSED PROJECT Name of designating body Resolution s number ( ) City of South Bend Location of properly Catalyst Two, Ignition Park; South Bend, Indiana County South Bend DLGF taxi n9 district number Description of manufacturing equipment and /or research and development equipment and /or logistical distribution equipment and /or information technology equipment. ESTIMATED (use additional sheets if necessary) START DATE COMPLETION DATE Manufacturing Equipment May 16, 2016 June 13, 2016 R & D Equipment May 30, 2016 June 13, 2016 MANUFACTURING: 15 MeV Cyclotron to produce radionuclides, Targets for Cyclotron, Solid target transport eyelet Logist Dist Equipment June 13, 2016 July 11, 2016 tT r— a...,,.....a I -- -- - Page 1 of 2 We have re viewed our prior actions relating to the designapon of this economic revitalization area and find that the applicant meets ",general standards adopted in the resolution-previously approved by this body. Said resolution, passed under IC 6 -1.1 -12.1 45, provides for the following limitations as authorized under 1C 6-1.1= 12.1 -2. A . The designated area has been limited to a period of time not to exceed calendar years * (see below). The date this designation expires is B . The type of deduction that is allowed in the-designated area is limited to: 1. Installation of new manufacturing ;equipment; ® Yes ® N o 2. Installation of new research and development equipment; ®'Yes QI No 3. Installation of -new logistical, distribution equipment. 13 Ye s C.N o 4. Installation of new information technology equipment; iC1Ye s ❑ N o C. The amount of deduction applicable to new manufacturing equipment is limited to $ cost with an assessed value of D. The amount of deduction applicable to new research and development equipment is limited to $ cost with an assessed value of E . The amount of deduction applicable to new logistical distribution equipment Is limited to $ cost with an assessed value or $ F. The amount of deduction applicable to new information technology equipment is limited to $ cost with an assessed value of C% Other limitations or conditions (specify) H. The deduction for new manufacturing equipment and /or new research and development equipment and/or new logistical distribution equipment and /or new information technology equipment installed and first claimed efigibie for deduction on or after July 1, 2000, is allowed for 1❑ 1 year ❑ 6 years "" For ERAs established prior to July 1, 2000, only a ❑ 2 years ❑ 7 years 5 or 10 year schedule may be deducted. ❑ 3 years ❑ 8 years ❑ 4 years ❑ 9 years []) 5 years'` ❑ 10 years " 1. Did the designating body adopt an alternative deduction schedule per IC 6 -1.1- 12.1 -17? CD Yes O No If yes, attach a copy of the alternative deduction schedule to this form. Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is suificient to justify the deduction described above. Approved: (signature and title of authorized member) Telephone number Date signed (month, day, year) Attested by: Designated body ' If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6- 1.1- 12.1 -4.5 Page 2 of 2 STATEMENT OF BENEFITS FORM SB -1 / PP PERSONAL PROPERTY State Form 51764 (112 / 12 -11) SPECTRON mrc, LLC March 1, 2016 SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Description of manufacturing equipment and /or research and development equipment and /or logistical distribution equipment and /or information technology equipment. MANUFACTURING: 15 MeV Cyclotron to produce radionuclides, Targets for Cyclotron, Solid target transport system, solid target dissolution and separation system, synthesis boxes, hot cells with robotic manipulators, mini cells, gas chromotography, HPLC, TLC, multi channel analyzer, single channel analyzer autoclave, incubator, automated limulus reagent testing system, ph test meter. Lead "L" shields, syringe shields, dose calibrators, GM meters, area monitors, stack and air monitors, filtering system. IT EQUIPMENT: Server upgrade for accounting, desk top data entry computers for accounting /book keeping /payroll/ order entry /billing, server for pharmacy system with seven single station systems for unit dose dispensing, several independent computers for the operation of the technical manufacturing and research equipment. R and D: Electronic balances, microscope both conventional and electronic, rockers, vortex stirrers, micro pipettes, centrifuges both small test tube and large, glass ware. Logistical Distribution Equipment: Vans and /or cars for medical delivery, special radioactive material reusable and disposable delivery containers, tungsten and lead syringe carriers to be used with delivery containers, tungsten and lead vial shields to be used with delivery containers. Charging stations for electric delivery vehicles 227 W. JEFFERSON BouLEvARD SurrE 1400 S. SOuTH BEND, IN 46601 -1830 March 8, 2016 CITY of SouTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT ScoTT FORD, ExECUTIVE DIRECTOR Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 PHONE: 574/235 -9371 FAx: 574/235 -9021 RE: Real Property Tax Abatement Petition for: Cohn & Cohn Investments, LLC Dear Council Member Ferlic: Please find the attached information pertaining to a real property tax abatement petition for Cohn & Cohn Investments, LLC: Department of Community Investment's summary report Copy of the petition Statement of Benefits form Supporting information. The report contains the Department's findings relative to the above petition. Cohn & Cohn Investments, LLC will be investing approximately $1,600,000 on the construction of a new commercial distribution and office facility in the Blackthorn Corporate Park. The facility is intended to initially be more than 13,000 square feet to serve and support the expanding operations of UniFirst, which will lease the facility. The project meets the qualifications for a (5) five year real property tax abatement. A representative from Cohn & Cohn Investments, LLC will be available to meet with the Committee on Monday, March 14, 2016. 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 -5823. Sincerely, /',, oe--4- %/ Aaron Kobb Director Economic Resources Filed in Clerk's Office MAR 9 9 2016 KAREEIlAAH FOWLER CITY CLERK, SOUTH REND, IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC REsouRcES' PAMELA C. MEYER BRIAN PAWLOWSKI AARON KOBB 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 Blackthorn Corporate Office Park Lot 6, South Bend, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR REAL PROPERTY TAX ABATEMENT FOR Cohn & Cohn Investments, LLC WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as Blackthorn Corporate Office Park Lot 6, South Bend, IN 46628 and which is more particularly described as: BLACKTHORN CORPORATE OFFICE PARK MINOR SUB #7 LOT 6 and which has Key Numbers 025- 1018- 062208 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sue., and South Bend Municipal Code Sections 2 -76 et SeMc ., 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 sM., 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 (5) five 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 2 Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council PRESENT[ NOT A?PR0.1AIIII ff .QT Filed in Clerk's Office MAR 0 9 2016 KAREEMAH FOWLER CITY CLERK, SOUTH REND, IN TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: AARON KOBB SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: Cohn & Cohn Investments, LLC DATE: March 8, 2016 On Wednesday, March 9, 2016, a petition from Cohn & Cohn Investments, LLC was received and subsequently filed with the City Clerk for real property tax abatement consideration for property to be located at Blackthorn Corporate Office Park Lot 6, South Bend, IN 46628. 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 ➢ Approximately $1,600,000 construction of a new commercial distribution and office facility in the Blackthorn Corporate Park. The facility will serve and support the expanding operations of UniFirst, one of the nation's largest workwear and textile service companies. ➢ Estimated total taxes on new building construction during five year abatement period — $231,660 ➢ Estimated taxes being abated on new building construction during five year abatement period — $10307 ➢ Estimated taxes to be paid on new building construction during five year abatement period — $128,653 EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will: ➢ Create 5 permanent, full -time jobs within the five year abatement period, representing a new annual payroll of approximately $202,800 ➢ 23 total jobs will be retained with a total annual payroll of approximately $932,880 PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES PAMELA C. MEYER BRIAN PAWLOWSKI AARON KOBB ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with previous 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 South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year real property tax abatement under section 2 -84.2, Real Property Tax Abatement. o -0000 o OAMCO OCO(0 O �, 000 O MCAT' O V' V' N y 0 0 0 N O- t`� Ci r1l } � OOD to N N O T T 0 t00 OO'70� o o 't CD d' O0O 10000 V N OOO 0 (A V ITT M V 000 --- COO N tO h r to V' o M0000 o 006) OMM N = OtOM V'c0 er tV COO 000 co O co d0'_ ~tLO Z� �� CDO CD C)- oODN O h t 00 Mr M11 1-4 pp G CO N N Cl) IT r N IT IT N C� r e N0000 O 000 co tOpCC7 00 co OCOCO 0 c 00 �� 04 C9000O co V'COtiO 1� O co 000 N O CA V' LQ O �..�� N MMMM C(7 O O OTO OCOrO�tr O NN to MM VCOM O J a� Na p O O 0 0 o O O O O O O 3 N N N N N O a s 4 N O O NI 00 co � °v X Cz ltSl OMI CMM M O'JM co O W C vi co O T} 0000 VO' a0 Cd E06I— (0 C0 CO to w Op CO N N to m Cl) M 0 m V' V' V' V' V' N ca w m to o w (tj w Q 7 C0000 O tU O O o COrN O N N 3 U d m N N N N N O k- t O O 00 N NOM rnto CO OMM V'OM x z'2 co V) V) 0) '! ` CO O')M CO t0 x a t6 4; 0 O > OD OD 0) M cfl 0 N It oo I` Cfl M V' a m co co Co to- <= w d r. fa O V' V' V' V' v CO) N O a r r X b U a) oa F-� co c 0 O o 0 0 0 000 O 0 0 0 0 0 O m U 4' 7Ojj ( XF- X � V L W ;a W V a tw r V rNCO IT LO N 7 7 NJ N N W y > O E O o o fn O M O R Y N x t m 0 N d F ca o a(D CL T c 0) 0 y N Co CL E a) a X X V Y a) 1 �aj0 uNi 1- a m m "M w° a 0-0 C N N LLx 4) x V Co m CO .Q N W N E 7 7 O y �a�j Q ca a V 'U L L Q w c as 0) W 0) U) U) E 7 N y N O) Um '9 3 Q 0- U F C Cohn & Cohn Investments, LLC (a South Carolina limited liability company (registered in South Carolina)) Limited Liability Company 3lackthom/Nimtz Development IN 46628 L6 e r at r, Rental approximately 13,000 - 20,000 sq..feet UniFirst Co Richard Cohn, Cohn Construction ;, President 912 Lady Street, Suite 200 00803-699-1325x102 SC 29201 richardcohn @cohnoonstrudionl.com "Michael CroatU (UniFlrst) Senior Vice President W 68 Jonspin Rd PIWx 978- 658 -8888 x4225 MA 01887 mcroatti @unthrst.com z, 1 Richard Deahl, Barnes & Thornburg LLP 1,11 na�'�eaI y 9 Wim ewno de o entpartners` 100 N. Michigan Street, Suite 700 �� NAP ovate N South Bend, Indiana 46601 �rn I = rdeahl @bUaw.com i .a2 Cohn & Cohn Investments, LLC ( "Petitioner") proposes to invest at least $1,600,000 in the construction of a new commercial distribution and office facility in the Blackthom Corporate Park in South Bend. The facility is intended to initially be more than 13,000 square feet to serve and support the expanding operations of UniFirst (which will lease the facility) in South Bend. UniFirst is one of North America's largest workwear and textile service companies, providing managed uniform, protective clothing, and custom corporate image apparel programs to businesses in diverse industries. In addition to outfitting more than 1.5 million workers in clean uniforms each workday, UniFirst also has a hand in keeping their businesses dean, safe, and healthy through UniFirsts' Facility Service Programs. These programs allow UniFirst to be a single - source solution for a variety of needs. The project is intended to faciliate UniFirsrs move from a leased facility to this project, which UniFirst will lease with an option to purchase. UniFtrst's long term plan is to be in South Bend for the next several decades, If not longer. UniFirsts's current growth objectives for the South Bend market include a long term objective to build a processing facility. Once our annual revenues surpass $10 million, we will have the ability to expand the operation, adding numerous jobs to the local economy. This current property will allow UniFirst to continue to expand our operation, benefiting the South Bend economy. '` No a J Ierk's O No No permit MAR a h d; No request for personal property abatement is'being.Made EMAH FOvm e%rrv.,:,,._._. _ IN I N/A I No i NIA I WA ibas' _ a r x �y� zs tsso 2016 ,. 3 19.50 3 2017 2 19.50 2 2021 3 r 2023 s • r •• • • • • a Mll • r • • •• r ux_> $10.00 - $16.00 /Hour $9.00 $12.00/Hour tit a e" t i fi t $25.00 - $35.00/Hour { $12.50- $18.00 / Hour u it 'Op � yi Steve DobrzykowskI P Yes Arj�a yEE r �� __ Yes the last three years: 2013 2014 2015 �- � ._. v:' .-�.. . -..•. .., r .:� .. is e - £ UnlFirst is proud to be an Equal Employment/Affirmative Action r 6 2 7 2 , g Employer. Candidates are considered for employment with UnlFirst y IOW , �e ' Corporation without regard to their race, Yx� color, religion, national origin, age, sex, gender, pregnancy, disability, sexual 6 8 9 orientation, gender identity, genetic information, military status, veteran Ofher s ' status (specifically status as a disabled *AII employment information and projections are those of UniFirst (which will occupy /operate the Property). mrorm— aaon i wi requir.e on ooznnne conssrurnon eompanues 8pq ;ne commies whichid��provi�e ratei�ls putcha'sed f9rhf ptoject - qualify P)eaeeicomplete the taple below viiithzthp appropate Information If farnetlPolnts YOU ,q for the oln $, please enterth� full amo�Int,of avada6le (Yes or No) .;paints " Available Points Con3tr_Mon Related (COntraatorsl „ A Emp .. yl oca� Companies (75Yo)" . .' , . Yes 20 20 B x hurcllasesMatenalsfram Local Compames5 {753u) " ? Yes 20 20 ', C„ „!, RegrlireEbip loiees5s "Indeper�derlRo errs, No 19 ..0 <, . ,, Require Pceva71an6 Wage ([)avis,8acorfi) _ No 22 E " °egire Weahh �epe!u„ Yes 22 22, f u ReguaretPerrsagn>enef $ s No 18 G itll�intaih Aff)rmatTtle Action; Plsn ., , :; ; ; No 20 Sub total ConstucGon Related 62 141 2 Wage" &,Banff Related lO.vrneri: ' A. Pay Target Wage levels '" Yes 33 33 B., ProvideMolth,eerfefits Yes 34 34 C. '- Providepen sionBenefits No. 29 p. Provirie,Training .. Yes 28 28 E ProvideClilldCare No 0 15 F. Provide- Transpor<ation-Assistance No 0 14 �3 PfOVide EtnMpyer_;Assisted Housing program _ - No 0 9 Sub -total Wage & Benefit Related: 95 162 3 ,INo►kforce<Relatetl: Create New lobs _- Yes 42 42 Retain 1 z*tOglobs . Yes 41 41 C. MamtanAffiraiiveActlon "Plan Yes 35 35 0. Provide Targeted. iring Preference .- Yes 34 Sub -local Worlcforee Related: 152 152 4 Sunoort a Miiniaoal;Facllity A.' I. Suppio- 58 Nlunic�pal Facility (donations to the zoq, conservatory, museum,�gtcJ 84 NameofFadllty' Sub -focal Muir75iyal Facility: 84 Sub -total rom Above.: 309 539 Walisit�cu�e�nssssgtlV�lue f * Red) "PkPp�y,� Pe►SOnaIPrJ{�� jet x , Whai3s�i7 RaPppert per�a`ptohe►pc �; � ?r� oas- �ot8•o�aao8 ,.✓�£,z4.:�1�a%�w .v,. NHS . �L4�;�"*X rs�'i l� �% %�4� <� �� v _ _ ..r 1) How do I pay my, petition filing fee? Your petition filing fee can be paid either in person or via mail for Or online via paypal at. City Clerk's Office http- Ilsouthbendin.govlgovernmentf Attn: Deputy City Clerk content /tax - abatement 227 West Jefferson Blvd.: • Suite 400 S South Bend, Indiana 46601 2) Certified Technology Park appropriate? (Page one, under project overview) In the South Bend area there are only two Certified Technology Parks, Innovation Park and Ignition Park. If your property is not located in either then the answer would be no. 3) Community Revitalization Enhancement District? (Page one, under project overview) The map below outlines the CRED area, please check to see if you fall within the boundaries. 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that come from the Small Business Administration. This funding must be applied for to be received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the length of the project. Ifyou have any additional questions that are not addressed by this document, please contact Sarah Heintzelman in the Department of Community Investment at 574.235.5842 or email at AidntzeCa southb ndin je CREeD District Boundary W South , South � �crepe Ford ON&I n Poland Dunham >v- i $ Fisher Tutt Tull .. Sample ci Kerr - Ohio F 'Fn Y Garst s' 3 fir° 'c Q ignition Stull 'ic a � w n � Broadway ao Edward _ a c z - Haney Legend o �¢^ e 2 a � N o CHEhB s` �. IndianaH A Bend Pa South eantl Parcels _ . Indiana _ 15 � Fi N 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that come from the Small Business Administration. This funding must be applied for to be received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the length of the project. Ifyou have any additional questions that are not addressed by this document, please contact Sarah Heintzelman in the Department of Community Investment at 574.235.5842 or email at AidntzeCa southb ndin je STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Form 51767 (R6 / 10 -14) Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box); Q( Redevelopment or rehabilitation of real estate improvements (IC 6 -1.1- 12.1 -4) 0 Residentially distressed area (IC 6- 1.1- 12.1 -4.1) 20 16 PAY 24 177 FORM SB -1 i Real Property PRIVACY NOTICE Any information concerning the cost of the proper and specific salaries paid to indivi ual employees by the property owner is confidential per INSTRIJC'TIONS 1C 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise, this statement must be submitted to the designating body BEFORE the redevelopment or rehabilita tion of real property for which the person wishes to claim a deduction. 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a,deduction, a Form 3221RE must be riled with the CountyAuditorbefore May 10 in the year in which the addition to assessed valuation is made or not later than thirty (30) days after the assessment notice is mailed to the property owner if it was mailed afterApril 10. A property owner who failed to file a deduction application within the prescribed deadline may rite an application between March 1 and May 10 of a subsequent year 4. A property owner who files for the deduction must provide the County Auditor and designating body with a Form CF- 1/Real Property. The Form CF- 1lReal Property should be attached to the Form 322/RE when the deduction is rust claimed and then updated annually for each year the deduction is applicable. IC6- 1.1-12 19 5.1(b) 6, Fora Form SB- ?/Real Property that is approved alter June 30, 2013 the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SS- 1lReal Property that is approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. IC 6 -1.1- 12.1 717 SECTION •• • Name at taxpayer COHN & COHN INVESTMENTS, LLC Address of taxpayer (number and street, city, state, andZIPcode) 912 Lady Street, Suite 200, Columbia SC 29201 Name of contact person Telephone number E -mail address Richard H. Cohn, Sr. 1(803) 699 - 1325x102 richardcohn @cohnconstrudonlic.com SECTION 2 LOCATION AND-DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number Common Council of City of South Bend Location of property County DLGF taxing district number Vacant Land - Lot 6 in Blackthorn Corporate Office Park I St. Joseph SB- German Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary) Estimated start date (month, day, year) Investment of - $1,600,000 in the construction of an approximate 13,000- 20,000 square foot commercial distribution March 1, 2016 and office facility in the Blackthorn Corporate Park in South Bend. The facility is intended to initially serve and Estimated completion date (month, day, year) support the expanding operations of UniFirst in South Bend. March 1, 2018 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salaries Number retained Salaries Number additional Salaries 23 $923,880 1 23 1 $923,880 S - $180,000+ SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values 58,000.00 6,300.00 Pius estimated values of proposed project 1,600,000.00 ReIZ 17 Less values of any property being replaced 0.00 0.00 Net estimated values-upon completion of project 1,658,000.00. Re . 17 SECTION • . AND OTHER BENEFITS PROMISED Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other benefits 1. The employment projections above are those of UniFirst, the intended occupant of the new facility. SECTION • I hereb4cf rti at resentations in this statement are true. Signatur presentative Date signed (month, day, year) February Printed name ofauthorized representative Title Richard H. Cohn, Sr. Chairman Page 1 of 2 Page 2 of 2 FOR USE OF DESIGNATING c.. We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution, passed or to be passed under IC 6 -1.1 -12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years" (see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ❑ Yes ❑ No 2. Residentially distressed areas ❑ Yes ❑ No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. Number of years allowed: ❑ Year 1 ❑ Year 2 ❑ Year 3 ❑ Year 4 ❑ Year 5 (*see below) ❑ Year 6 ❑ Year 7 ❑ Year 8 ❑ Year 9 ❑ Year 10 F. For a statement of benefits approved after June 30, 2013, did this designating body adopt an abatement schedule per IC 6 -1.1- 12.1 -17? ❑ Yes ❑ No If yes, attach a copy of the abatement schedule to this form. If no, the designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body) Telephone number Date signed (month, day, year) Printed name of authorized member of designating body Name of designating body Attested by (signature and title of attester) Printed name of attester If the designating body limits the time period during which an area is an economic revitalization area, that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6 -1.1- 12.1 -17. A. For residentially distressed areas where the Form SBA /Real Property was approved prior to July 1, 2013, the deductions established in IC 6- 1.1- 12.1 -4.1 remain in effect. The deduction period may not exceed five (5) years. For a Form SBA /Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten (10) years. (See IC 6 -1.1- 12.1 -17 below.) B. For the redevelopment or rehabilitation of real property where the Form SBA/Real Property was approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. For a Form SBA /Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. (See IC 6 -1.1- 12.1 -17 below.) IC 6 -1.1- 12.1 -17 Abatement schedules Sec. 17. (a) A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: (1) The total amount of the taxpayer's investment in real and personal property. (2) The number of new full -time equivalent jobs created. (3) The average wage of the new employees compared to the state minimum wage. (4) The infrastructure requirements for the taxpayer's investment. (b) This subsection applies to a statement of benefits approved after June 30, 2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten (10) years. (c) An abatement schedule approved for a particular taxpayer before July 1, 2013, remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. Page 2 of 2 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SomH BEND, IN 46601 -1530 March 8, 2016 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR Council Member Gavin Ferlic; Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 PHONE: 574/235 -9371 FAX: 574/235 -9021 RE: Real Property Tax Abatement Petition for: South Bend Form Tool Co., Inc. Dear Council Member Ferlic: Please find the attached information pertaining to a real property tax abatement petition for South Bend Form Tool Co., Inc.: Department of Community Investment's summary report 1 Copy of the petition Statement of Benefits form Supporting information. The report contains the Department's findings relative to the above petition. South Bend Form Tool Co., Inc. will be investing approximately $220,000 in the expansion of their current floor space along with purchasing and installing approximately $623,000 of new equipment. This expansion will grow their current customer base and allow them to pursue additional business from new customers. The project meets the qualifications for a (5) five year real property tax abatement. A representative from South Bend Form Tool Co., Inc. will be available to meet with the Committee on Monday, March 14, 2016. 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 -5823. Sincerely, ,0, " /Zt-r Aaron Kobb Director Economic Resources Filed in Clerk's Office MAR 0 9 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES PAMELA C. MEYER BRIAN PAWLOWSKI AARON KOBB 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 1619/1623 Franklin Street, South Bend, IN 46613 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR REAL PROPERTY TAX ABATEMENT FOR South Bend Form Tool Co., Inc. WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1619/1623 Franklin Street, South Bend, IN 46613 and which is more particularly described as: N lh LOT 36 STULLS 5TH ADD S 'h LOT 36 STULLS 5TH ADD and which has Key Numbers 018 - 8028 -1127 and 018 - 8028 -1128 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 sec ., 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 sMce 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 (5) five 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 2 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 APPROVEF � T,, -o Member of the Common Council 3 Filed in Clerk's Office MAR 0 9 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL M a : Z � ] u SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: South Bend Form Tool Co., Inc. DATE: March 8, 2016 On Wednesday, March 9, 2016, a petition from South Bend Form Tool Co., Inc. was received and subsequently filed with the City Clerk for real property tax abatement consideration for property to be located at 1619 and 1623 Franklin Street, South Bend, IN 46613. 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 ➢ Approximately $220,000 expansion of existing floor space along with the purchase of approximately $623,000 of new equipment to better serve existing customers and pursue additional business. ➢ Total taxes on new and existing building and improvements during five year abatement period — $37,796 ➢ Estimated taxes being abated on new building improvements during five year abatement period — $12,416 ➢ Total taxes to be paid on new and existing building and improvements during five year abatement period — $25,380 EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will: ➢ Create 8 permanent, full -time jobs within the five year abatement period, representing a new annual payroll of $378,560 ➢ 17 total jobs will be retained with a total annual payroll of $785,000 PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES PAMELA C. MEYER BRIAN PAWLOWSKI AARON KOBB ABATEMENT QUALIFICATION A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with previous 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 South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year real property tax abatement under section 2 -84.2, Real Property Tax Abatement. RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1619/1623 Franklin Street, South Bend, IN 46613 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR South Bend Form Tool Co., Inc. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1619/1623 Franklin Street, South Bend, IN 46613 and which is more particularly described as follows: N %2 LOT 36 STULLS 5TH ADD S %2 LOT 36 STULLS 5TH ADD and which has Key Numbers 018 - 8028 -1127 and 018 - 8028 -1128 be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted a real property tax deduction for a period of (5) five years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Council 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 1619/1623 Franklin Street, South Bend, IN 46613 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR REAL PROPERTY TAX ABATEMENT FOR South Bend Form Tool Co., Inc. WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1619/1623 Franklin Street, South Bend, IN 46613 and which is more particularly described as: N %2 LOT 36 STULLS 5TH ADD S 1/2 LOT 36 STULLS 5TH ADD and which has Key Numbers 018- 8028 -1127 and 018 - 8028 -1128 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sM., and South Bend Municipal Code Sections 2 -76 et sec ., 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 M., 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 (5) five 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 ►J 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. 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Please list the number of full time and part time minority and /or female employees for each of 7iCrii the last three years:`- L�clt[7 nEir, C I Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. �C�✓��tiiX, ��1�'�.X�CJ.Ii L "�if��= E(— „�Sa��'�Si (Iu'%14dE��T�i L11 � 1 ���F � .( to �i� n S ` c�� I ✓ � i 1 Y � (G��i1 X°d� Y FgisC`�!Li�i1C�.1_11i Ci {1zL_ /�11Ft 1C lC YCCJti XJ�iCT6'r If S), rulf(?Ca (�i)a ikl lC it �; �_� G TIdL�(QII {_1�9(�j iC:�x('< IIFCC'ICIaL�CtliC�ltS`1��)U�� C. L1L u rr i:f�if�f;t�fhYtx`Ei o'rr -��_ { :�ilixt�LfCT' fr „((s�ECt r—. ik7fiAla 11z1ratiEiiA iC Ji,17�1 "s. li la• ate.���7a�z- ��'�IIr;r+r[- rat- ��c�'� _azl rt:ixt rc�; — - (� ff - - -- NPiiif- 0f(�i111, _ upnany18A3.3 IM:II-OV O � ' • i - �' . "`Detx 2018A9.09.11:39:N -06'00' � Staff Use Only Please fill out the Public Benefit Summary Information and add to the total from above. SIP -12L �y + ✓ +�,�+ i�� E�C��L� (�i�SLCC�t��'TAI� /(ii�'�l�ir - 1■ s Ent ri ' ■ c'Fft�Ftz�Cdrl7r-TFIi1*r.�E !i�irssJ L� 1 ■ c3 F .— �—T, —. __ ■ 71 IL is .'.��f1iJ7rrr �S ��� "3t:'3c:1?;���J' -!■ I J.�/, t y.'A` '- mil■ 1) How do I pay my petition filing fee? Your petition f cling fee can be paid either in person or via mail to: Or online via paypal at: City Clerk's Office ree http: / /southbeni in govlgovernmentl Attn: Deputy City Clerk content /tax - abatement 227 West Jefferson Blvd.. Suite 400 S South Bend, Indiana 46601 2) Gedified Technology Park appropriate? (Page one, under project overview) In the South Bend area there are only two Certified Technology Parks, Innovation Park and Ignition Park. If your prOp," is not located in either then the answer would be no. 3) Community Revitalization Enhancement District? (Page one, under project overview) The map below outlines the CRED area, please check to see if you fall within the boundaries. CREeb Distriot BWndsry 8 en?aaway. Haney . Legend cRE.n d.1 et Indtsne Jndtene South Bdnc[P*c*16 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that come from the Small Business Administration. This funding must be applied for to be received 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spentper year on training over the course of the pryjec>r 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you wig train per year over the length of the project. If you have any additional questions that are not addressed by this document, please contact Sarah Heintzelman in the Department of Community Investment at 574.235.5842 or email at d*tzehsouthbendin.00v STATEMENT OF BENEFITS REAL ESTATE. IMPROVEMENTS State Form 51767'(R412-13) prescribed by the Department of Local Government Finance This stpteinenl is being qo#!etdd'Tor real ptppeftyffiat-qijaliffes under the following lhdiana.Cocke (check one box): ❑ kedevelopmeni or rehabilitation of real estatei . Z'oZiZt- S (!C-6-1.1--:12.14) ❑ Residentially distreisted area (10 6-11A-12.1-4.1) 1. 7. ' ' must bb$y*Ok,�# 77) s statomaht mu., designating ' 09. � . . - - If the -kiesidnaft bddy ree InformatI60 Abut the apokent In mi OkingrNsdapisfiJ atiptil"wh6ther to doplgppfe on EopnoMic'Revitaligafforl Area. Otherwisdthhstateffiohthn4 submitted ;Ignati,7-qbo.dy,94PORE.thei�ik� qhi dii-4h6b0affion of re' t6r "kh the person'WIshiet to cishii b'dddu�iibfi, ubm ad to the ei real 0 6ohim*id'16 idltdij�fy l,' 19U, and a 6 after July 1, 1987, require a STATEMENT OF GENE 17S. (IC 6 . - . 1.1-12.1) r areas o!e 1_�hat6d' ' a 2. Approve! of the designating -bo'ty'* (City Council, -Town b,,q4CPUI#YCouncil, ef0.)trust Ae obtained prJorto Initiation of the redevalopment& rehabilitation, BEFORE adeu 3, 'To obtain a dedy :0, a aii, wlleiwtth thO Coubty-Audlotbefore May loin the. year in whlqh the addillonto gsse*sedQa1ddfi0n is. made or rlgf laterttian thirty (30) days Is did the property ownerif it was mailed afterAppil lo. ff the propelyow—fier" r ro UPS Itween March I sr. 0 068-01h el 'I ' m/886.1, a may 1. tko, he be and May 10 :of a subsequent year. t 4" .4pe-* 6"'eii Whose ii 1091., t�4st .1 -a Form CP-IlReal Properly annually to the applicagon to with P �7 rV owners Nach. sh ' " P.14jog, ow coop any economic desighatedafterJone.30 '2000 The schedules es!ab mfializatlon areas u -'s an 'ftmall" d the A&Itedules.effeclive prior to July 1,- 2000, j�a'll le co Lie to. appi continue , ytoec SECTION I TAXPAYER INFORMATION Name of taxpayer South Bend Form Too[ Co., Inc. Address of taxpayer (nomb- en# *treat, dAl state, and;ZIP code) 408 W. Indiana Ave.. South Bend, IN 46613 Na" of contact person TTelephone numbif E-mail address Herb Eggers 1(574 )289-2441 lb000rs@sbfoffn.corn SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED Pf�OJEC.V"'-' Name *of designating body Resolution-number City of South Bend Location of property county PIJGF taxing district number 1619 81623 Franklin St., South Bend, IN 46613 St Joseph Description of real properiy Improvements. re4evelopmdnt, or rehabilitation (use adog(wal sheets Jfnqcessary) Estimated start dalefmonft day. yeat)i 4/112016 Construction of approximately 3,000 additional square feet of manufacturing space and Improvements to existing building Estimated pompl6tion date (—M, day, year} 1211=6 W7kumb Current number Saiarles Nurnber relained Salarlm ad Salaries' $785,000 17 $785,000 $378.560 SECTION4 ESTIMATED TOTAL COSTANDVALUE OF PROPOSED.PROJEC.T REAL EsWt ImpRovEmEsiTs COST ASSESSED VALUE ,Current values $10,000 $3 s of.pro' sad Pigs esitlinaled value.. 00000 Prq1e;t $222,166 $22Z166 Less values-01'an ro erty'bein replaced $0 $0 Net estimated values .upon Completion of br . o1ba $232,166 $253,166 SECTION5- WASTE CONVERTED-AND OTHER BENEFITS.PROMISED 13Y.T.HE -TAXPAYER Esdirritted sofid waste cot'iVerted (pounds) Estimated hazardous waste convend .(pogmc(s) Other-benefits SECTION 6 TAXPAYER CERTIFICATION 1 .. hereby I . ; ciiif y tI hiithe representations in this statement are true. Signature orauthc ' ' ipresentidlVe Digitally signed by Kyle Harbison Date: 2016.03.03 11:30:24 -05,00 Project Manager Dale signed —tmpiA, dig y.40 03/03/2016 Page I of 2 FO-Ri.USEfOF�,THEiDESIG.NATI,NG7aO We Ovid that'the applident meets the general standards in the resolution adopted or to be adopted by this body. Said. resolulloA, passed.or to be passed under IC 6T1.1-12A, provides for the jollowingllmitialons: A. 'The designated area has been limited to a period oftiMp notlp exceed _.calendar years` {see below). the date this designation expires is B. The type of deduction that Is allowed In the designated afea is limited to., 11.- Redevelopment or iehlabjlitalloin of real estate Improvements 13 Yes ❑ No 2. Residentially distressed areas D Yes 13 No. G. The amount of the deduction applicable is lirrilted to $ D. -Other limitationsot conditions- (specify) :E. The deduction is 411qweO for years' (see below). F. Didth(e d6tjgnaffng.body 6d6pt an'giltdrriativii deduction schedUbk.per IC 61. 1-12.1-17? ❑ Yes DNo ir yes, .:a6qh'a copy qfthe0tema live deduction schedule to this form.' We hinki also reviewed the information contained In the stalbMant of benefits and firld th I the estimates and exp6diAlibns are reasonable and have dele,rmindd that the 101alliVot opnollp Is dufficight.10 justify the deduction described above. Approved (signature and Lille oferilhofized Member otdesignating body) Telephone number Date stoned (month. flay, year) Attested by (signature and W10 ofottester) Designated body if the designating Body limits 140 time period during which.o.n. area is an economic revitalization area, `it does not limit the length of time a taxpayer is entitled to receive a dedVcfion to a number of years designated under Id 6-1.1-12.1-4. A.. P6T residentially distressed. ataiis.,the. deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate Improvements: 1. If the Rdridi-hic Revitalization Area was -deslgriat6d Prior to'July 1., 2000, the deduction oe�ddd is Urnit.ed to three (3), six (6), or ten (10) years. 2. if the Econ6mic Revitallialloh ArOi Wa6'0es1406led after June 30, 9000, and is not Ina residentially distressed area, the deduction period may not exceed ten (10) years. Page 2 of A' STATEMENT OF 'BENEFITS FORM PERSONAL PROPER'T'Y B-1 I PP state Form 511164'(PU112-11) Prescrilied 6y1h.e Uepartmeni ot Local (3ovemrriefit Finance PRIVACY NOME jT etbOtoqoanys pbclQcindMdtal's salary inlpinAllon Is confidefiffal;'ft balance of the Tiring is PuN16 record' INSTRUCY1910. W. 1. 71*44itembM must be submitted to fhe body designating the *Economic Revitalization Areh pilot to the public, hearing if the designating body. rvqdM,6s Information from the applicant In miR;44# Rs 4clsion.abPyt whether to designate an E66norW_'c'R'evfief11zb'I1on Area. '01fierwise to the dettgnatIng. body 11,EMR& person Mitelis the new manufhct� ng i&�ar�h .and 6v� this &WOM64 Must be sohnnfited 000man'Ondlb�A . . . JbPMQnt&q1'l6mer;l,.and1dr1b- equipment ohd1brin bftft0fton*.(qchno1Qgy 0oownt for 01ch.tho ot;Fon.t�Ishostocialm.adedue6on.' 'Pr9jecfs-p1annj'dbr-0mv0#dt6� j .1 07, and arobs'd6q'i " i d ofie July *j, j.4�7, 0q4jM Wy 1, 9 i4haie 4STATEMENT W*BFjVEFjTS. 2. Approval of the designating b6#Y (01y Council, Town Board. County Council, etc) mdst be obtiji?oc�.rioe.lci ins(0118#0r, and/or research an of the new M"anWbctu,7, and and/or in ng #quipirient be approved equipment . I for logistical diskbuUon equipment . , . fOrmatiOn technology equipment, BEFORE a deduction may 3. To obtain a deduction, d .04-Moh must file agodh7o.d.deduction. schedlile with the.persbfils personel priopedy return an a ceriged deduction t&hddujqFpnn 103-ERA) Jwfth the township ' " ' ` '' where properly. Is or with IbLA 6oLj�jy.ossess ' ' p -pssessprof the township W, or if there Is nb township iiijesjorfoi- the township. Th6r 1637EP-4 MAR be filed betWoen March 9' and May 19, oft*h'O Oftft$U?6ni k0ar�h W6!Ch*n6ivmanu(actur1ng eqYIPMent ah&Vbr'r6i6ai0h and equipment 14silb& dfikhldlon aquIPment and/or Inhondatl6h technology egrAphlo'h't Is Installed and hffly iu;idt1onaj, `unless '& filing develdpinent 0 .. fi-Obinthh.. extension has h6ein obial, ve th - �Yed. A per4pn Who ob!alha�a filing extensioh 'must 6 f6trn'betwepi March I -and the extended -due d� 4. Properly (A�,Qers whose Statement r? .. te of that year. Of Benefits was 6PProVed aftr June 3Q, 1991,rj7ysjsubMjj):0rn 6F:j / pp annually 11Y to BOW compliance with the 5. 7h& sdheduk; ostabliSh00dOrIC 6-1. 142-1-4.5(d) and (e) apply to equipment Nstall6d after A#drch 1,.2601, unless ahej&M8tvededuction j adopted by the designating 66d schedule p4gei 1. of 2 We have reviewed our. 006t apLoni4olpfkrg to-66 de;sWneWh oQbW economic ieyitaCrcatitin area and find that - the applicant meets the general standards SdOPW In the resolution Pre. approved by this body'. Said resolution, pasped under IC 6-1.1-12.142.5, provides for the following limitations as AUth0fted Under P ".142.14Z A , The ddsfgpated area has been limited to a period of time not to exceed calendar years (see Mow). The date this d4ighatignekPires Is B. The type of deductioff that Is allowed In the designated area Is limited tor 1. lhswiatlon Yes 10 N o 2. Ir.tsWarloh of keW lePearph And OoVolopiveqt e�441pdtent, .13 yes 13 N o 3. Installd!Ign Of hOW IDgistiol distribution equipment. 13 Yet D N a- 4: Iftlellatibo of new information technology equipment, Me s- 'Ej N 0' M The amount of deduction applicable tone* r"nufactudrig equipment is limited to $ cost with an assessed value of D. The amount of deduction tipplick6l . a to new research and development equipment it i1mited to $ cost with 34 assessed valob of E The amount of deduction epplibable to new logistical distribUtion equipment Is limited to $ cost with' Sh assessed value of F. The 9mmint of deduction applicable to new 106irmation technology equipment Is 111milte-0 to $ cost W.Wah assessed value of G. Other limitations or cohditiont (sped H. Thb deduction f6r new maritilaMring equipment and/or now research and developme4it equipment and/or new f6distiOl distribution equipment and/or new i0forMation tedhhotdgy equipment installed and first claimed eligible for deduction on or after July 1. 2000, K allowed for IQ i year L3 6 years For ERA's established prior to July 1, *2066, only a i years 0 1 years 5 or 10 year schedule may be.deducied. 3 years Q A years D 4 years 0 9 years $years 1.0 years 13 13 1. Did thQ.dqs1gnatIng body adopt an. alternative deduction schedule per P0 6-1.1A2.1-17? — No Yes 0 yes, attach' s. copy'of the alternative deduction uction schedule to this"form. Also we have tevileWed lh& information contained In the statement of benefits and flhd that the, bsfirrote0 and w."ctdlions are reasonable and have determined that the totality of bendlits is itrIfident to)ust* the d4duielloin described (signature and We of authorized member) Telephorle number Date signed (mdnfh, day, year) body If * Ihb detignating body limits the time period during which an area is an economic reyltallizatl6n area, ft does not lithft the 'length of time a taxpayer is entitled to receive . i a ded potion to 6 fipmtier of years designated under IC 6-1,1;.12.1-4.5 .. 11*0 Fecq .... .. - - I I Page 2 of 2 227 W. JEFFERSON BOULEVARD SUITE 1404 S. SOUTH BEND, IN 46601 -1830 March 8, 2016 CrrY OF SOUTH BEND PETE BUTTIww, MAYOR COMMUNITY INVESTMENT SCOTT FORD, ExEGUTIVE DIRECTOR Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 PHONE: 574/235-9,371 FAx: 574/235 -9021 RE: Personal Property Tax Abatement Petition for: South Bend Form Tool Co., Inc. Dear Council Member Ferlic: Please find the attached information pertaining to a personal property tax abatement petition for South Bend Form Tool Co., Inc..: Department of Community Investment's summary report ➢ Copy of the petition Statement of Benefits form ➢ Supporting information. The report contains the Department's findings relative to the above petition. South Bend Form Tool Co., Inc. will be investing approximately $220,000 in the expansion of their current floor space along with purchasing and installing approximately $623,000 of new equipment. This expansion will grow their current customer base and allow them to pursue additional business from new customers. The project meets the qualifications for a (5) five year personal property tax abatement. A representative from South Bend Form Tool Co., Inc. will be available to meet with the Committee on Monday, March 14, 2016. 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 -5823. Sincerely, i " 0 e Aaron Kobb Director of Economic Resources Filed in Clerk's Office MAR 0 9 2016 KAREEMAH FOWLER CITY CLERK, SOUTH SENT), IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES PAMELA C. MEYER BRIAN PAWLOWSKI AARON KOBB 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 1619/1623 Franklin Street, South Bend, IN 46613 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR: South Bend Form Tool Co., Inc. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1619/1623 Franklin Street, South Bend, IN 46613 and which is more particularly described as follows: Business Personal Property and which has a Key Number to be assigned be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et SeMc ., and South Bend Municipal Code Sections 2- 76 et seq., 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 §.2q., 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 pursuant to Indiana Code 6 -1.1- 12.1 -4.5 et SeMc ., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION 11. The Common Council hereby determines and finds that the proposed new equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION M. The Common Council hereby accepts the report and recommendation of the Department of Community Investment, and the Community Investment Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice ofthe public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the PRESENTM NOT O W- &*Pm 2 Cdftd in Clerk's Office MAR 0 9 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: South Bend Form Tool Co., Inc. DATE: March 8, 2016 On Wednesday, March 9, 2016, a petition from South Bend Form Tool Co., Inc. was received and subsequently filed with the City Clerk for personal property tax abatement consideration for property to be located at 1619 and 1623 Franklin Street, South Bend, IN 46613. 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 ➢ Approximate $220,000 expansion of existing floor space along with the purchase of approximately $623,000 of new equipment to better serve existing customers and pursue additional business. ➢ Total taxes on new equipment over the five year abatement period — $53,452 ➢ Estimated taxes abated on new equipment over the five year abatement period — $24,501 ➢ Total taxes to be paid on new equipment over the five year abatement period — $28,951 EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will: ➢ Create 8 permanent, full -time jobs within the five year abatement period, representing a new annual payroll of $378,560 ➢ 17 total jobs will be retained with a total annual payroll of $785,000 PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES PAMELA C. MEYER BRIAN PAWLOWSKI AARON KOBB ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous 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 South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year personal property tax abatement under section 2 -84.2, Tangible Personal Property Tax Abatement. o T O 00 0O r00 r �O �OOD LO LM co �0 } V) N 00 co 0 � a 04 } fO r-0)N M C LO O OOo)dLO (T3) } U ,- LO 0Ch 0/ = a O�MN N O co (p0 T C6 7 'a 01 N - Y m � } CIZ 'o co Y Um N_ co v8 OD T T 9 O 0[10 N O T o -on T N v Lc T r 0 0 CD m OT o LD co O •– m01- OON r00 r �O �OOD LO LM co �0 } M T O N N 00 (O 0) N Cn � a 04 } fO r-0)N M C (D O OOo)dLO co N Uri U ,- LO 0Ch 0/ = a O O co N N C6 7 'a X X co - Y m � } CIZ 'o co Y Um d Cl) LO 0 N_ co v8 OD T T 9 O 0[10 N O T o -on T N v Lc T r 0 0 CD m OT o LD co O •– m01- OON r00 n0 0 00 C. 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H 7 N N N « F- N y U c � N X c w „g a p c U N . c 0 m m > N (6 � N a y c � m C O � N � O � e• CL > C � D a E •� y m n� ®M •– HUW C D O m CL 0/ = a - m y c LO U C6 7 'a X X ) X U - Y m � Y Um W ai a c W 0 0 0 0 0 ro O m m 4) m N .'t-' CO w fA aQ a mZ C 0 ,� Z Y 7 w 7 2! i a " u1 M 1i 0) F L in W` uci¢Q E �V »- I"" L M N U in of V1 Q O N o U U Z~ O- I O O m N O V 1-CD00 TNONLD ~� C) co NN Q 0 O ° 3 TN OLO O O N CO It c Z 0 to CO Eprjf-' O M NO0D Q C T T T W X NMOst V Z 'p O LQ 'It 0-12 0) MNO'c0 T T T a)N 00000 � X .y m W~ :_]I= r- 00 01 o T T T T N N } NNNNN N N >m >w t N 0.mmma. H 7 N N N « F- N y U c � N X c w „g a p c U N . c 0 m m > N (6 � N a y c � m C O � N � O � e• CL > C � D a E •� y m n� ®M r e5 South Bend Form Toot Co. inm Eggers Real Estate, LLC Owned None Precision machine shop speclallAng in the aerospace and industrial markets This project is an expansion of our floor space to allow for new equipment and material storage. The project is necessary due to the award of new business from a longtime existing customer. The expansion and additional equipment will allow us to bring on a second shift to cover the Increased demand from our existing customer base. It will also allow us to pursue additional business from other existing and/or new customers. FFIled in Clerk's Office MAR 0 o 2016 [EEMAH FOWLi 1 -?u r- ji �� New Project Investments Calendar Year 2015 2016 2017 2018 2019 2020 2021 2022 TOTAL Full -Time Permanent Indiana - Resident Positions by Calendar Year Provide hourly wage information for new employees in the following positions. Please list the number of full time and part time minority and /or female employees for each of the last three years: Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. p,. j'r �aC XTi 3�,�71 �7ii?�its� ��TIZi'Ll;tur] L71t fir_ iii r r1 F.d Ll- bc] N> �u1- 77 ------ Y�C�Ip13 liU�S,(�btst — r �- — sip gyp! {_Y )- y [ `" _._ �i« YJliXcllf 'lavll�¢rf'sr�rlCe3C)ilj�.Eir4 r y e j Y4 a -� �'�"'= .�`soteo�s.os �e•ttosoo Staff Use Only Please fill out the Public Benefit Summary Information and add to the total from above. .rs xk 1 t � - xn i� s, e `FJTJT3't33f�, � P - c- : Y � YJ 1) How do I pay my petition filing fee? Yourpetition filing flee can be paid either in person or via mail to. Or online via paypalat: City Clerk's Offlce http://southbendingovlgovemmentl Attn: Deputy City Clerk contentliax-abatement 227 West Jefferson Blvd. - Suite 400 S South Bend, Indiana 46601 2) Certified Technology Park appropriate? (Page one, under project overview) In the So -Uuth Bend area there are only two Certified Technology Parks, innovation Park and Ignition Park If your property is not located in either then the answer would be no. 3) Community Revitalization Enhancement District! (Page one, under project overview) The map below outlines the CRED area, please check to see if you fall within the boundaries. MiHet) District- Boundary so —South .--­--,. w 0066d Fisher 3 Tutt run samp;m Ohio 1, but Hemet 7' Legbhd N dREeD D&UM J. M. SouthEdnd.Mce i 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that come from the Small Business Administration. This funding must be applied for tobe received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spentper year on training over the course of the prqlect_ 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you WH train per year over the length of the project. If you have any additional questions that are not addressed by this document, please contact Sarah Heintzelman in the Department ent of Community Investment at 574.235.5842 or email at shein &,easouth bendim.ga v Page i vf2 hegger @sbform.mn SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PRbjE&1. Name tifilesignaling body Resolurmn'number City of South Bend "' L gcation of properly CoUnty l7LGF ia�s't"g dlstdd number 1619 & 1623 Franklin St, South Bend, IN 46613 Sf Joaeph ::::: D escdpgon bf real propetlyimprpvementp. redevelopment, orrehabflllalion 7tfsp addiSonafsheefs llnecessaryJ EsGmatedstart date.fmonth. day, yep6 4!1/2016 Construction of approximately 3,000 additional square feet of manufacturing space and improvements to existing building Ssti etesi petit le' ,dale ra P 4on t .-A day. Year) 12/112016 Curtenlnumbec Salaries Nuniberreiained Salaries Numheradr]ifonal Salaries' 17 $785,000 17 ;785,000 8 $378,560 SECTION 4 ESTIMATED TOTAL COSTAIND VAUUE,OF PROPOSED-PROJECT REAL ESTf{TE IMPROVEMENTS .. COS - ASSESSED VALUE 1`,lJffw values= $10,000 $31,000 Pluq esoina.W values of,' rti' bMd pro ept $222,166 $=ISO Lm Valves pfb .roe fire 6 r of"d , • $o $o filet esllmated:vetues tapop cotnpl iitin Jot pro bd $232,166 X253,166 SECTION.5 WASTE CONVERTED • • • PROMISED atwated solid vdaste corned (pounds) ESUinWed-hA ardour wf�ste goitverped•(poundaj OOterbeneflts ... - SECTION • 1 hereby certify that the repliesentatlon in thissiatement are true; Signature of auths ' rpreseniative Digitally signed by Kyle Harbison i' ills T ,. Dates ned t»phfit da a 'r nY e, ' Date: 2016.03.0311:30:24 - 05'00` PrgectManager o3to3/2oi6 Page i vf2 We, tired thatlhe.applfdpnt MeNd the genergliqlandhirds in the fosolotion adopted or to be adopted by this body. 8 " ald.resolutI04- passed.or to be passed under'106TI.1-12.i. provides 'for the following limi6't'[Ons: A. 'Th6 designated area has been liffil(e�d to 6 &fjod of time Tjot.tq e*90 .calendar yeare {see below). the date this debigridtion expires is B. The type of dedudtloh that is 4116w6d In the (lesig"(60 area is IIrW1tqd 16: 1, Redevelq;MeWc�'e iqhWi16'Uo'6 of real qdlake lhiprovements 13 Yes El No 2. Reside'nualli dls6ssedaire'as [ Yes 13 No. .Q. The amount-6f Ihb ObdUc9bri applfc4bie is limited to $ D. Other limitations.cr bondltioris* (spO E. orl The 0educh' is qlqwed for Years* (see beloo). F. Did ;tqpdC-tl6fiatin§.b6dy.ddopt;3h'filt&Tiat(v6ddOudtfo!lgcheifUI6.. erIC13-1.1-12.1-17? b yvi ii No 1f yes, qfib66�� ' '. " ' I. e. Y - .. .p pf-the aftetn6ftile6etion tc'h­dufe to this form. We NmYe also reviewed the information contained in the statement of benefits and Ar)q that the estimates and expeciatians are reasonable and have deikrmindd tfit the Co!.11jiVof 4qns §uMpight.to justify the deduction described above. ffl� Is. y . qdqcr . -an4fille Dfauthodkod member 0designadog body) I Telephone humber I Date S!.q'nqd (nionft ;ay. year) Designated ft If the desighatinb 06dy (units 01,0 firoe period during which.p.n afeEt Is an economlP. revitalization area, -it does not limit the length of ume i3 taxpayer is -eritl : tied 10 reoelve a-deductio'n'to'a nium6ir of years designated under IC 6'-'1.1-'12.1.-4. • F4f (esidentl6ily distressed. ateksAhe deduct1oh p6ri6d may pot exceed five (5) years. .0. For redevelopment and cehgbilftat[on or real estate improvements: i. If the Eddh1drilid ReWitalization Area Was -designated Prior to -July Ij 2000, the'dediidtlori Oqdqd.!s llrhijlp�q to three (3), six (6), or len (I o) years, R. If jhe 5c n6616 Rbvltallipllq� XO� Wa6deSidijoo ifter June 30, 200, -.and is-notin a redid -distressed . area, the deductloh period m not . . 9 . qn1lafly by - exceed ten (10) years. Page 2 of 2 STATEMENT OF BENEFITS PERSONAL PROPERTY State.Airm 59784'(1 2/12 -11.) . Pre:;crtlied. tiy'tile �epar)mlent of Local 0ot/emtrietit Shance .FORM SB4 t PP ,PRIVACY NOTICE 71te � §tend�nY.spec�l[c(ndniKlllal's salary informatiop is co c §'oftlie- nfldeniial; the balaitt(Ift1g'is ptiblfp record 11VSTRUi;T10(VS: per]C'S 1.-12.1 =5.1 c and (d). i, Ttrls statgrtiaitt tnus! ba sriblrfitteil to 'the body,desfgnatfng the Economic Revitalizatfan Ares r to ihei puhlic.hear)ng.if the designating body regrllres infonnalloh frbM the applicant 1ti itraklriy its decisfop abgyt ether to. desigfiafe an'Ec;inomic ReviltalizatlanOrea: Othetwlse fhf§ statetfientinirstGe subtriftted to fhe designating.body BL�FORI; a p i pe insfails tine ne,W maqulactvring egtipment and/orresearch and develnp/neirt equlpm nt, •andlbrld sfi6i11 dis %r96utfoli equipmen! grid /orfnforil3aGonechiiolpgy equlpmepf for yvhlch iho' .arson wishes to claim a deduction: "ProJeet¢ "planned br cdmritltfed to alter duly ), 998?•, and aye s designated afi6r July'11 9987, raga }re. a STA79; I-fENf t F BE(VEFiT.S. (IC ��, f -12.1) 2. Approival of fhe desonaffng b6gy (oily Council, rowp•Board County Council, etc.) must be obtained "riot to installation of the nbl* manirfaaturing equipment bred /or research a►id developmeirt egulpmen[ andlorlogistfcaf disfdbufron equ/pnienf enrl/orfnformat be apptbved n technology equipment, BEFORE a #eVt dfio »may 3 To•obiain a deduction, a person mrlstflle age r&igl d- deductioi7,sciidd4le -with the.perso'n's persbhel prgpeiigfetum on-a ceAified dedudtrop scliedufe.(l =prm io&ER/t) 'wph fhs lowrishfp essesadr bf the township where the propetly. k situated pr 0111 the ooui�ty:assesagr d there Is nb MW4zhip o'ssesiior tol4be foivrislilp. The' 03 ERAmust be fhnq bejii+eep March f andf May 18 at'the assessment year in which newmanurrf�attating equipment and /orresearch and develdptrrent eggfp h'. d/o "r logistical 0"t,46n equipment and7or Infor/rladdh technology egypinebt Is installed and folly h nctibn�al, t►nless a filing 606hsieh has 00 0140414: A person Who Waihs a riling exteneoh 't4ust'filb the" form •betwaen March 9 .anti fhd exfehded 'due date bf brat year 4. Property o'ivners Wfipse Statement,of Betiefltd was approved after June 30 1991,.rrust4,ubrr Form CF l % PP annually fp sljgt+Y 6omplfance with the �Sidtemehl ofBenefils. (iC,6: 9.1 -12. x:5.6) 5. The schedulee established- uhder]c 64.142_9 -4.5(d) and (e) apply 6 equipmentfristalled afterM0rch 9,.21101, unless an alternative deducfion sahe_dgle Is mdopted by the deslgna Jfig booty (/C ¢-i, ,1- 92.9 -97). Co., Inc. Rame of contact persod Herb Eggers Name of designating body City of South Bend Rasoiullon number (s) Lo6don•cf property County DLGF iaxin 1619 81623 Franklin St., South Bend, IN 46613 eE ��Ce�ti g dishict number andwonat sp ets it ngcessary) START DATE. I COMPLE' Manufacturinggiilpmant 3/15/2016 12/15/2017 R & D Egyipti Ent Lathes, Wlre EDM, Automatic Band Saw, Auto CMM, TooAng, Warehouse Rocking, PCs, ERP Software Ldgist we FgL#pm- -fit 7/15/2016 11115/2018 IT Egygp.me t. 7/15/2016 10/31/2017 number ISatadnensn II1umbarret$trw 4 �SaA�rie Numtieradd&Ional $378.560 SECTION 4 ESTMIATED TOTAL COST AND VALUE OF PROPOSED PROJECT NOTE., Pursutntlodr; 6- 1.1- 12,1-5.1 d 2 the () �. ? _ MANUFACTtiFtING R 8� D EQUIPMENT I- 06!_'71305#' EQUIPMENT - IT EQUIPMENT EQUIBN(ENT COST bf thi= 0Poperty is confideiitlai. GbsY ASSESSED COST' _ COST A3SI =SSED COSTvAELUD VALUE. VALt Ctirrp8t ?ratite's. VALUE Pitrs .estimatetivatriesofproposed .protect ;esz3,on. �sz3,o77 $11,305 0 S9,300 0 y prop. 4113eing replaced [ass 4a11Ies or ±4 Net esltn7Hled>r! Ei( tJPST1po rTCOrr1.1e1jOn.pltprofeC(.- 5623.077 $623,077. $11305 An' o SECTION 5 =STE CONVERTED AND OTHER BENEFiTS PROMISED BY THE TAXPAYER Es0rna(e4 solid wasteppfjyerted l sltrriated hazardous,Wade converted (pounds) I hereby certify Ihat the represenlaQons in this statement are tare: Sign... I' dFat.0911 e;l, "ropresentaWe �, y� ggRa8yalgneabylryleHaibbon Titfe Dete..stgned (Month. day', yea ?) Date,* 2016,09.8911 ;996. MY Project Manager 03/0312016 page 1. of 2 Wk have reviewed og OR& actions reieting to the designatioh Of this economicleyitalfzalion eras and find .fhat the Applicant meets the general standards adopted in the resolutioh•previously approved liy this body. Said resolution, passed underiC g-1.1 -12.1 2.5, provides for the following lirrritatiohs as -autfiorvzed under iG ti -1.1= 121 2. A, The ddsignatdd area has been limited tb a perida of time riot td exceed _ is B.: The type of deduction that is allowed in the dasignated area is limited to: 1. In §[alfatioh of ew'njanpfactunng pgitipment; 2. instal(0119h of no* tesearch grail ded$loIiM0rjt equipment; 3, installation of bow togisHce! disttibirtiora equipment 4: ifistaEfati4n of now inforinatidh technology equipment; C: The i rnoutjt of d6dtigUop applicabfa to new manufacturing equiprrient )s limited to .$ $ chlendar years" (see below)." The date this desighallon ekpires Yes P3 N o- .0 Yes 13 N o' 03 Yes D N o" MYe a .Ej N o cost with ah asspsse'd value of D. `j'he -amount of deduction applicable to hew,reseatch and.developmeht equipment It limited to $ bosI with a6 assessed value of E . The arhoUnt of deduction applicable tb new iogislioal distritiuliori equipment is limited to $ cost with'sh assessdd value.of F. Thb ernorint.of deduction applicable to new h1brmation techriotogy equipment is limited to $ c6st wifh.an assessed value of G Other limitation's' or condition§ (spedify), H. The dddUcU6h fdr new mariufabturing equipment andlor new research and deveiopmeht equipment and /or new logistical distribution equipment and/or new i{lfon'iralioh tedhnology-equipment installed and first claimed eligible for deduction on or after July 1. 2000, is allowed for 10 1 "year I] 6.years "' For ERA's established prior to July 1, 2o110, oniv a 112 years ❑ 7 years 5 or 10 year schedule may be deducted. $ years El 0 years Q 4 years ❑ h years ❑I $ years" Cl 1.0 years *' I. Did the.designaling body adopt an, altema�ive deduction schedule per It 6-1.1r 12.1. -17? a Yes 17 No likes, attaoh'a copy of the aitemative deductioon schedule to this'form. Also we haiVe teviewed the information contained in the statemdnt of benefits and find that the estimatep and ei"gctiiions are rep'sonable and have determitied lhgi the toiafity of benefits is suf(iclaht to)ustify the ddduction described above. number Desionaled body (mdnth, day, year) `if the designaifng. body iilrril�.the lime period during which art area is an economic revitalization area, it does hat limit the length of time a taxpayer Is g*fijAo4.to receive a dpOprgon td a number of yews designated under IC 6- 1.1=12.1 -4.5 Page 2 of 2 O�apl'+1`M d�1 O rti, y: IKS. The South Bend Common Council 41 Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 -1830 Fax: 574.235.9173 274.235.9321 TDD: 574.235.5567 March 9, 2016 The South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 Re: Community Project Dear Council Members: We are pleased to introduce the attached Resolution which supports the proposed installation of a fence near Coquillard Park. It showcases another community project to be built and constructed by volunteers. The project would use absolutely no tax dollars. We believe that the volunteers and businesses donating their resources should be commended for stepping up in making South Bend better because of their efforts. We request that this Resolution be sent to the Parks Committee and have public hearing on March 14th Most sincerely, Council Peplber Gavin Fe ic, Counc' Member at Large lee, Itz-A- Co M�elm Karen L. White, ouncil Member at Large unc' e er Jo rod , 4th District Council Member Counc ember Oliver J. Davis, 6 District Council Member Attachment Filed In Clerk's Office IM, � X616 KAREEtOW� FOWLER CIW CLERK. '119 *i.J` H BEND, IN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY SUPPORTING THE INSTALLATION OF A FENCE ON THE EAST SIDE OF PERLEY PRIMARY FINE ARTS ACADEMY AND ON THE WEST SIDE OF COQUILLARD PARK G," the South Bend Common Council recognizes that Coquillard Park is named after Alexis Coquillard, who is credited with the founding of South Bend and who believed in developing land for park purposes; and G,, the Common Council notes that a proposed four -foot high picket style fence is proposed to be constructed on the east side of Perley Primary Fine Arts Academy and on the west side of Coquillard Park; and G," the proposed installation of the fence will be a community project which will involve no tax dollars, but instead will be funded by donations, constructed by volunteers, and will utilize paint donated by one of the Sherwin- Williams stores in our city. Section I. The Common Council publicly supports this community project and believes it adds to the civic pride and beautification of the City of South Bend. Section II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRnENM NOT APPROWD Council Member Gavin Ferlic, Council Member at Large .Ccl�c vit �G Coun it Member Karen L. White, Council Member at Large e er Jo rode , 4th istrict Council Member Council Member Oliver J. Davis, 6' District Council Member Filed in Clerk's Office MAC? 0 Q 7016 KAREEIAAH FOWLER CITY CLERK., SOUTH BEND, IN The South Bend Common Council 227 West Jefferson Boulevard, Room 441 Downtown South Bend, Indiana 46601 574.235.9321 574.235.5567 TDD March 9, 2016 The South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 Re: City Flag Ordinance Dear Council Members: We are pleased to introduce a proposed ordinance which would amend the City Code. It proposes to add a new provision addressing the new official City Flag for the City of South Bend. The excitement which the City Flag Design Contest has had as part of the SB150 Celebration far exceeded everyone's imagination. We request that this Bill be sent to Council's Community Relations Committee. We are honored to sponsor this proposed ordinance and seek your unanimous support. Thank you. Mo t sincere , Tim Scot , ounci resident 1St District Council Member Gavin Ferlic, Council Member at Large South Bend Common Council Attachment Filed in Clerk's Office MAR 0 9 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN City Flag Ordinance Page 2 The new flag has a red six - pointed star on a white field, a yellow field opposite it, and two blue S- shaped lines with a white stripe in between. The six points of the star represent the City's (6) Council Districts, while the first blue and white lines evoke the river at the heart of South Bend, our physical and virtual connectivity, and our industrial roots. (b) The following protocol standards are established: 1. The City Flag shall be displayed on city property with honor and shall be flown with dignity and respect. 2. The City Flag may be displayed in municipal offices and on city property, carried in parades and displayed at other occasions and locations. 3. The Mayor or his designee is authorized to order the raising or lowering to a half -mast position of City Flags at properties and facilities owned or operated by the City of South Bend, or on the grounds of the County -City Building. 4. When a City Flag is no longer a fitting emblem for display and becomes unserviceable or when it becomes faded or torn, it should be retired from further service with respect. 5. In the interest of fostering deep civic pride, the colors, design and theme of the City Flag of South Bend may be creatively and enthusiastically promoted as an open- source design to be embraced throughout our City. Section II. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING, CHAPTER 1 OF THE SOUTHBEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 1 -5.1 ENTITLED CITY FLAG STATEMENT OF PURPOSE AND INTENT The current South Bend City Flag dates back to the City of South Bend's Centennial Celebrations in 1965. The flag depicts a reproduction of the City Seal on a yellow background. On November 9, 2015, the South Bend Common Council adopted Resolution No. 4509 -15. That Resolution encouraged public participation in the City of South Bend Flag Design Contest and set forth governing rules and regulations regarding the process for formal approval of a new City Flag. The City Flag Contest was the culminating event of South Bend 150 celebrations marking the city's sesquicentennial. The new design is a unifying and recognizable symbol of the city that captures the spirit of South Bend's past, present and future. Over 200 flag designs were submitted for consideration. The competition was narrowed down to three (3) designs which were displayed as part of the First Friday festivities in December 2015 and on the South Bend 150 website, sbI50.com. Section IV of Council Resolution 4509 -15 provided in part that the final flag design would require the passage of a city ordinance which would incorporate appropriate regulations addressing "...its display and use at public functions, as well as retiring and disposal of a City Flag when it is no longer a fitting emblem for display, and other appropriate regulations ". That Resolution also called for the adoption of a separate "formal Resolution setting forth the date and proper procedures to retire the current City Flag to a place of honor ". This ordinance upon passage would formally adopt a new City Flag for the City of South Bend, Indiana, and would codify the City Flag provisions into the South Bend Municipal Code. c/ A;, 1;ej�eI6,e; ©�cl ""w'-a! Section I. Chapter 1 of the South Bend Municipal Code is amended by the inclusion of new Section 1 -5.1 which shall read in its entirety as follows: Sec. 1 -5.1 City Flag. (a) The official City Flag for the City of South Bend, Indiana, is depicted as follows: City Flag Ordinance Page 3 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 le al publication. Tim Scot , is istnct Council Member South Bend Common Council President Gavin Ferlic, Council Member at Large South Bend Common Council 111 1A: Office of the City Clerk �-�6ejzteWby me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of , 2016, at o'clock . m. = o�recGaouGx pze ,,Cby me on the m. 1 * READING PUBLIC HEARING 3 rd READING NOT APPROVEC REFERRED PASSED Office of the City Clerk day of Pete Buttigieg, Mayor City of South Bend, Indiana 2016, at o'clock Filed in Clerk's Office MAR 0 9 2016 KAREEMAH FOWLER CITY CLERK, SOUTH REND, IN Fax: 574.235.9173 March 9, 2016 fvoF> � w 1 rO E`; �iYt RACY # ;i lyfi ,: sr" The South Bend Common Council 0h Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 -1830 274.235.9321 The South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 Re: Proposed Smoke Free Air Standards for Workplaces /Public Places Dear Council Members: 11 10 0 A .T I Lw d c l. �. �Ti 7 We are introducing the attached proposed ordinance which would establish smoke free air standards for workplaces and public places in the City of South Bend. The Indiana General Assembly granted local governments the authority to enact such local regulations in Public Law 141 -2012, which has been in effect since July 1, 2012. We request that this proposed ordinance be referred to the Council's Health and Public Safety Committee, so that meaningful discussions may take place on regulations aimed at protecting the public health and safety in workplaces and public places throughout ourfc—o-ftmunity. Thank you. Most sincerely, Gavin Ferlic Council Member at Large ,a ;k X,, Jo Broden 4th District Council Member Attachment Randy Kelly 3rd District Council Member John Voorde Council Member at Le S C)ffice L ER 1 BEND, IN BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE SOUTH BEND COMMON COUNCIL AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY ESTABLISHING NEW ARTICLE 13 ENTITLED SMOKE FREE AIR REGULATIONS FOR WORKPLACES AND PUBLIC PLACES STATEMENT OF PURPOSE AND INTENT The 2006 U.S. Surgeon General's Report, The Health Consequences of Involuntary Exposure to Tobacco Smoke, has concluded that (1) secondhand smoke exposure causes disease and premature death in children and adults who do not smoke; (2) children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory problems, ear infections, and asthma attacks, and that smoking by parents causes respiratory symptoms and slows lung growth in their children; (3) exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer; (4) there is no risk -free level of exposure to secondhand smoke; (5) establishing smoke free workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace, because ventilation and other air cleaning technologies cannot completely control for exposure of nonsmokers to secondhand smoke; and (6) evidence from peer - reviewed studies shows that smoke free policies and laws do not have an adverse economic impact on the hospitality industry. (U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006.) According to the 2010 U. S. Surgeon General's Report, How Tobacco Smoke Causes Disease, even occasional exposure to secondhand smoke is harmful and low levels of exposure to secondhand tobacco smoke lead to a rapid and sharp increase in dysfunction and inflammation of the lining of the blood vessels, which are implicated in heart attacks and stroke. (U.S. Department of Health and Human Services, How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking - Attributable Disease: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2010.) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of approximately 53,000 Americans annually. (National Cancer Institute (NCI), "Health effects of exposure to environmental tobacco smoke: the report of the California Environmental Protection Agency. Smoking and Tobacco Control Monograph 10," Bethesda, MD: National Institutes of Health, National Cancer Institute (NCI), August 1999.) The Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen. (Environmental Health Information Service (EHIS), "Environmental tobacco smoke: first listed in the Ninth Report on Carcinogens," U.S. Department of Health and Human Services (DHHS), Public Health Service, NTP, 2000; reaffirmed by the NTP in subsequent reports on carcinogens, 2003, 2005.) Smoke Free Air Ordinance Page 2 There is indisputable evidence that implementing 100% smoke -free environments is the only effective way to protect the population from the harmful effects of exposure to secondhand smoke. (World Health Organization (WHO), "Protection from exposure to secondhand smoke: policy recommendations," World Health Organization (WHO), 2007.) In reviewing 11 studies concluding that communities see an immediate reduction in heart attack admissions after the implementation of comprehensive smoke free laws, the Institute of Medicine of the National Academies concluded that data consistently demonstrate that secondhand smoke exposure increases the risk of coronary heart disease and heart attacks and that smoke free laws reduce heart attacks. (Institute of Medicine (IOM) of the National Academies, Board on Population Health and Public Health Practice, Committee on Secondhand Smoke Exposure and Acute Coronary Events, "Secondhand smoke exposure and cardiovascular effects: making sense of the evidence," Washington, DC: National Academies Press, October 2009.) A significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke - filled businesses suffer a 25 -50% higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function. (Pitsavos, C.; Panagiotakos, D.B.; Chrysohoou, C.; Skoumas, J.; Tzioumis, K.; Stefanadis, C.; Toutouzas, P., "Association between exposure to environmental tobacco smoke and the development of acute coronary syndromes: the CARDI02000 case - control study," Tobacco Control 11(3): 220 -225, September 2002.) Studies measuring cotinine (metabolized nicotine) and NNAL (metabolized nitrosamine NNK, a tobacco - specific carcinogen linked to lung cancer) in hospitality workers find dramatic reductions in the levels of these biomarkers after a smoke free law takes effect. Average cotinine levels of New York City restaurant and bar workers decreased by 85% after the city's smoke free law went into effect. ([In.a.], "The State of Smoke -Free New York City: A One Year Review," New York City Department of Finance, New York City Department of Health & Mental Hygiene, New York City Department of Small Business Services, New York City Economic Development Corporation, March 2004). After the implementation of Ontario, Canada's Smoke free Indoor Air Law, levels of NNAL were reduced by 52% in nonsmoking casino employees and cotinine levels fell by 98 %. (Geoffrey T. Fong, et. al., "The Impact of the Smoke -Free Ontario Act on Air Quality and Biomarkers of Exposure in Casinos: A Quasi - Experimental Study," Ontario Tobacco Control Conference, Niagara Falls, Ontario, December 2, 2006.) Following a Health Hazard Evaluation of Las Vegas casino employees' secondhand smoke exposure in the workplace, which included indoor air quality tests and biomarker assessments, the National Institute of Occupational Safety & Health ( NIOSH) concluded that the casino employees are exposed to dangerous levels of secondhand smoke at work and that their bodies absorb high levels of tobacco - specific chemicals NNK and cotinine during work shifts. NIOSH also concluded that the "best means of eliminating workplace exposure to [secondhand smoke] is to ban all smoking in the casinos." (Health hazard evaluation report: environmental and biological assessment of environmental tobacco smoke exposure among casino dealers, Las Vegas, NV. By Achutan C, West C, Mueller C, Boudreau Y, Mead K. Cincinnati, OH: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health, NIOSH HETA No. 2005 -0076 and 2005- 0201 -3080, May 2009.) Smoke Free Air Ordinance Page 3 Secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. (California Environmental Protection Agency (Cal EPA), "Health effects of exposure to environmental tobacco smoke ", Tobacco Control 6(4): 346 -353, Winter, 1997.) The Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability. (Daynard, R.A., "Environmental tobacco smoke and the Americans with Disabilities Act," Nonsmokers' Voice 15(1): 8 -9.) The U.S. Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non - linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking. (Pechacek, Terry F.; Babb, Stephen, "Commentary: How acute and reversible are the cardiovascular risks of secondhand smoke ?" British Medical Journal 328: 980 -983, April 24, 2004.) Given the fact that there is no safe level of exposure to secondhand smoke, the American Society of Heating, Refrigerating and Air Conditioning Engineers ( ASHRAE) bases its ventilation standards on totally smokefree environments. ASHRAE has determined that there is currently no air filtration or other ventilation technology that can completely eliminate all the carcinogenic components in secondhand smoke and the health risks caused by secondhand smoke exposure, and recommends that indoor environments be smokefree in their entirety. (Samet, J.; Bohanon, Jr., H.R.; Coultas, D.B.; Houston, T.P.; Persily, A.K.; Schoen, L.J.; Spengler, J.; Callaway, C.A., "ASHRAE position document on environmental tobacco smoke," American Society of Heating, Refrigerating and Air- Conditioning Engineers (ASHRAE), 2005.) During periods of active smoking, peak and average outdoor tobacco smoke (OTS) levels measured in outdoor cafes and restaurant and bar patios near smoker's rival indoor tobacco smoke concentrations. (Klepeis, N.; Ott, W.R.; Switzer, P., "Real -time measurement of outdoor tobacco smoke particles," Journal of the Air & Waste Management Association 57: 522 -534, 2007.) Nonsmokers who spend six -hour periods in outdoor smoking sections of bars and restaurants experience a significant increase in levels of cotinine when compared to the cotinine levels in a smoke free outdoor area. (Hall, J.C.; Bernert, J.T.; Hall, D.B.; St Helen, G.; Kudon, L.H.; Naeher, L.P., "Assessment of exposure to secondhand smoke at outdoor bars and family restaurants in Athens, Georgia, using salivary cotinine," Journal of Occupational and Environmental Hygiene 6(11): 698 -704, November 2009.) Residual tobacco contamination, or "thirdhand smoke," from cigarettes, cigars, and other tobacco products is left behind after smoking occurs and builds up on surfaces and furnishings. This residue can linger in spaces long after smoking has ceased and continue to expose people to tobacco toxins. Sticky, highly toxic particulate matter, including nicotine, can cling to walls and ceilings. Gases can be absorbed into carpets, draperies, and other upholsteries, and then be reemitted (off - gassed) back into the air and recombine to form harmful compounds. (Singer, B.C.; Hodgson, A.T.; Nazaroff, W.W., "Effect of sorption on exposures to organic gases from environmental tobacco smoke (ETS)," Proceedings: Indoor Air 2002, 2002.) Smoke Free Air Standards Ordinance Page 4 Tobacco residue is noticeably present in dust throughout places where smoking has occurred. (Matt, G.E.; Quintana, P.J.E.; Hovell, M.F.; Bernert, J.T.; Song, S.; Novianti, N.; Juarez, T.; Floro, J.; Gehrman, C.; Garcia, M.; Larson, S., "Households contaminated by environmental tobacco smoke: sources of infant exposures," Tobacco Control 13(1): 29 -37, March 2004.) Given the rapid sorption and persistence of high levels of residual nicotine from tobacco smoke on indoor surfaces, including clothing and human skin, this recently identified process represents an unappreciated health hazard through dermal exposure, dust inhalation, and ingestion. (Sleiman, M.; Gundel, L.A.; Pankow, J.F.; Jacob III, P.; Singer, B.C.; Destaillats, H., "Formation of carcinogens indoors by surface- mediated reactions of nicotine with nitrous acid, leading to potential thirdhand smoke hazards," Proceedings of the National Academy of Sciences of the United Sates of America (PNAS) 107(15): 6576 -6581, February 8, 2010.) Unregulated high -tech smoking devices, commonly referred to as electronic cigarettes, or "e- cigarettes," closely resemble and purposefully mimic the act of smoking by having users inhale vaporized liquid nicotine created by heat through an electronic ignition system. After testing a number of e- cigarettes from two leading manufacturers, the Food and Drug Administration (FDA) determined that various samples tested contained not only nicotine but also detectable levels of known carcinogens and toxic chemicals, including tobacco - specific nitrosamines and diethylene glycol, a toxic chemical used in antifreeze. The FDA's testing also suggested that "quality control processes used to manufacture these products are inconsistent or non - existent." Qn.a.], "Summary of results: laboratory analysis of electronic cigarettes conducted by FDA," Food and Drug Administration (FDA), July 22, 2009; http:// www. fda. gov/ NewsEvents/ PublicHealthFocus /ucml73146.htm Accessed on: October 22, 2009.) E- cigarettes produce a vapor of undetermined and potentially harmful substances, which may appear similar to the smoke emitted by traditional tobacco products. Their use in workplaces and public places where smoking of traditional tobacco products is prohibited creates concern and confusion and leads to difficulties in enforcing the smoking prohibitions. During the Summer of 2015, the US Food and Drug Administration held three (3) public workshops to obtain more detailed information on electronic cigarettes and the public health. Currently only e- cigarettes that are marketed for therapeutic purposes are currently regulated by the FDA Center for Drug Evaluation and Research (CDER). The FDA has issued a proposed rule that would extend its authority to cover e- cigarettes, which is to be acted upon in 2016. The Society of Actuaries has determined that secondhand smoke costs the U.S. economy roughly $10 billion a year: $5 billion in estimated medical costs associated with secondhand smoke exposure and $4.6 billion in lost productivity. (Behan, D.F.; Eriksen, M.P.; Lin, Y., "Economic Effects of Environmental Tobacco Smoke," Society of Actuaries, March 31, 2005.) Numerous economic analyses examining: restaurant and hotel receipts and controlling for economic variables have shown either no difference or a positive economic impact after enactment of laws requiring workplaces to be smoke free. Creation of smoke free workplaces is sound economic policy and provides the maximum level of employee health and safety. (Glantz, S.A. & Smith, L., "The effect of ordinances requiring smokefree restaurants on restaurant sales in the United States." American Journal of Public Health, 87:1687 -1693, 1997; Colman, R.; Urbonas, C.M., "The economic impact of smoke -free workplaces: an assessment for Nova Scotia, prepared for Tobacco Control Unit, Nova Scotia Department of Health," GPI Atlantic, September 2001.) Smoke Free Air Ordinance Page 5 Smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses. ( "The high price of cigarette smoking," Business & Health 15(8), Supplement A: 6 -9, August 1997.) The smoking of tobacco, hookah, marijuana, and the use of electronic cigarettes are forms of air pollution, a positive danger to health, and a material public nuisance. Accordingly, the Common Council of the City of South Bend, Indiana, finds and declares that the purposes of this ordinance are: (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smoke free air, and to recognize that the need to breathe smoke free air shall have priority over the desire to smoke. This ordinance is believed to be in the best interests of the public health and welfare of the of the City of South Bend, Indiana. V< i 1 , Section I. Chapter 14 of the South Bend Municipal Code shall be amended to include new Article 13 which shall read in its entirety as follows: ARTICLE 13. SMOKE FREE AIR REGULATIONS FOR WORKPLACES AND PUBLIC PLACES.' Sec. 14 -123. Definitions. The following words and phrases, whenever used in this Article, shall be construed as defined in this Section: (a) "Ashtray" means any receptacle that is used for disposing of smoking materials, including, but not limited to ash and filters.2 (b) "Bar" means an establishment used primarily for the sale of alcoholic beverages for consumption by patrons on the premises and which holds a retailer's permit under the laws of the State of Indiana. The terms includes, but is not limited to, taverns, nightclubs, and cocktail lounges. (c) "Business" means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for -profit or not - for - profit, including, but not limited to, retail establishments where 'Indiana Code § 7.1- 5 -12 -13 entitled "Local Ordinances" authorizes a city to pass ordinances which may be more restrictive than state statutes addressing the "prohibition of smoking ". 2Indiana Code § 7.1- 5- 12 -0.5 addresses "Ashtray defined." Smoke Free Air Ordinance Page 6 goods or services are provided to the public, and other entities where accounting, counseling, legal, medical, dental, engineering, architectural, or other professional services are delivered. (d) "Electronic Smoking Device" means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e- cigarette, e- cigar, e -pipe, e- hookah, or vape pen or under any other product name or descriptor. (e) "Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services. (f) "Employer" means a person, business, association, municipal corporation, trust, or nonprofit entity that employs the services of one or more individual employees. (g) "Enclosed Area" means all space between a floor and a ceiling that is bounded on at least two sides by walls, doorways, or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not containing openings of any kind. 0) "Health Care Facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals, addiction treatment hospitals and facilities, weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. The term "Health Care Facility" shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within healthcare facilities. (k) "Hookah" means a water pipe and any associated products and devices which are used to produce fumes, smoke, and /or vapor from the burning of material including, but not limited to, tobacco, shisha, or other plant matter. (1) "Place of Employment" means an area under the control of a public or private employer including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles.' (m) "Playground" means any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds or on South Bend grounds. 'Indiana Code § 7.1- 5 -12 -1 addresses "Place of employment defined" and specifically excludes private vehicles. Smoke Free Air Ordinance Page 7 (n) "Private Club" means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and /or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. (o) "Public Place" means an area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a childcare, adult day care, or health care facility.4 (p) "Restaurant" means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include a bar area within the restaurant. (r) "Service Line" means an indoor or outdoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines. (s) "Shopping Mall" means a public walkway or hall area that serves to connect retail or professional establishments. (t) "Smoking" means inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookah and marijuana, in any manner or in any form. "Smoking" also includes the use of an e- cigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Article. s (u) "Sports Arena" means a place where people assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events, including sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and bowling alleys. 4Indiana Code § 7.1- 5 -12 -2 addresses "Public place defined ". 'Indiana Code § 7.1- 5 -12 -3 addresses "Smoking defined ". Smoke Free Air Ordinance Page 8 Sec. 14 -124. Prohibition of Smoking.6 Except as provided in Section 14 -127, smoking shall be prohibited in all enclosed public places within the City of South Bend including but not limited to, the following places: (a) Aquariums, galleries, libraries, and museums; (b) Areas available to the general public in businesses and non - profit entities patronized by the public, including but not limited to, banks, laundromats, professional offices, and retail service establishments; (c) Bars; (d) Bingo facilities; (e) Child care and adult day care facilities; (f) Convention facilities; (g) Educational facilities, both public and private; (h) Elevators; (i) Gaming facilities; 0) Health care facilities; (k) Hotels and motels; (1) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple -unit residential facilities; (m) Polling places; 'Indiana Code § 7.1- 5 -12 -4 addresses "Smoking prohibited in public places, places of employment, and state vehicles ". Smoke Free Air Ordinance Page 9 (n) Private clubs; (o) Public transportation vehicles, including buses and taxicabs, under the authority of the City of South Bend, and ticket, boarding, and waiting areas of public transportation facilities, including bus, train, and airport facilities; (p) Restaurants; (q) Restrooms, lobbies, reception areas, hallways, and other common -use areas; (r) Retail stores; (s) Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the City of South Bend, Indiana or a political subdivision of the State, to the extent the place is subject to the jurisdiction of the City of South Bend, Indiana; (t) Service lines; (u) Shopping malls; (v) Sports arenas, including enclosed places and outdoor arenas; (w) Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances; (x) Tobacco Specialty Bars; and (y) Tobacco Retail Stores. Sec. 14 -125. Prohibition of Smoking in Enclosed Places of Employment. (a) Smoking shall be prohibited in all enclosed areas of places of employment without exception. This Smoke Free Air Ordinance Page 10 includes, without limitation, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. (b) The prohibition on smoking shall be communicated to all existing employees by the effective date . of this Article and to all prospective employees upon their application for employment. Sec. 14 -126. Reasonable Distance.? Smoking shall be prohibited outdoors within a reasonable distance from an enclosed area where smoking is prohibited by this Article, but in no event closer than fifteen feet (15'), so as to insure that tobacco smoke does not enter into establishments designated as smoke free under this Article through entrances, windows, ventilation intakes or other means. Sec. 14 -127. Exemptions. Notwithstanding the smoking prohibitions in Section 14 -124, smoking is permitted in the following locations: (a) Private residences, unless used as a licensed childcare, adult day care or health care facility. (b) None of the areas set forth in this Section shall be exempt from the provisions of this Article if smoke from any area enters, either directly or indirectly, through entrances, windows, ventilation systems, or other means, where smoking is otherwise prohibited by this Article. Sec. 14 -128. Prohibition of Smoking in Outdoor Public Places. Smoking shall be prohibited in the following outdoor places: (a) Outdoor seating areas of restaurants, bars, private clubs, and businesses except those restricted to individuals over the age of 18 years of age; (b) In all outdoor arenas, stadiums, and amphitheaters. Smoking shall also be prohibited in and Indiana Code § 7.1- 5 -12 -4 sets forth a eight foot (8') distance requirement from a public entrance to a public place or place of employment. Smoke Free Air Ordinance Page 11 within fifteen feet (15') of bleachers and grandstands for use by spectators at sporting and other public events; (c) Within fifteen feet (15') of all outdoor playgrounds; (d) Within fifteen feet (15') of all outdoor public transportation stations, platforms, and shelters under the authority of the City of South Bend, Indiana; and (e) In outdoor common areas of apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multi -unit residential facilities, except in designated smoking areas, not to exceed twenty -five percent (25 %) of the total outdoor common area, which must be located at least fifteen feet (15') outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited. Sec. 14 -129. Removal of Smoking Paraphernalia and Signage Requirements. (a) All ashtrays shall be removed from any area where smoking is prohibited by this Article by the owner, operator, manager, or other person having control of the area. (b) An owner, operator, manager, or official in charge of a public place or place of employment, except vehicles, shall post conspicuous signs at each outdoor entrance that read "The City of South Bend Prohibits Smoking Within 15 Feet of this Entrance ". Sec. 14 -130. Declaration of Establishment as Nonsmoking Notwithstanding any other provision of this Article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that the entire establishment, facility, or outdoor areas are a smoke free place. Sec. 14 -131. Non - Retaliation and Non - Waiver of Rights.g (a) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, customer, or resident of a multiple -unit residential facility because that employee, applicant, customer, or resident exercises any rights afforded by this Article or reports or attempts to prosecute a violation of this Article. Notwithstanding Section 14 -133, violation of this subsection shall be punishable by a fine not to exceed one thousand dollars ($1,000) for each violation. (b) An employee who works in an outdoor area restricted to individuals over the age of 18 years of age where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. 'Indiana Code § 7.1- 5 -12 -11 addresses retaliation. Smoke Free Air Ordinance Page 12 Sec. 14 -132. Enforcement. (a) The South Bend Department of Code Enforcement and South Bend Police Department shall enforce this Article. Additionally, the St. Joseph County Health Department, the South Bend Fire Department or their designees may, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Article. (b) Notice of the provisions of this Article shall be given to all applicants for a business license in the City of South Bend. (c) Any citizen who desires to register a complaint under this Article may initiate enforcement with the Department of Code Enforcement. (d) An owner, manager, operator, or employee of an establishment regulated by this Article, shall inform person(s) in violation of the appropriate provisions thereof and shall ask those persons to refrain from smoking. If the person does not stop smoking, the owner, manager, operator, or employee shall refuse service and shall immediately ask the person to leave the premises. If the person in violation refuses to leave the premises, the owner, manager, operator or employee shall contact a law enforcement agency. (e) In addition to the remedies provided by the provisions of this Section, the Department of Law or any person aggrieved by the failure of the owner, operator, manager, or other_ person in control of a public place or a place of employment to comply with the provisions of this Article may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction. Sec. 14 -133. Penalties for Violations. Any owner, manager, operator, or other person in control of an establishment, facility, or outdoor area found to be in violation of this Article shall, when found to be in violation be fined as follows: (a) The issuance of a verbal and written warning for the first (1St) violation. (b) A fine of two hundred dollars ($200.00) for the second (2"d) violation within the same calendar year. (c) A fine of four hundred dollars ($400.00) for the third (3rd) violation within the same calendar year. (d) A fine of eight hundred dollars ($800.00) for the fourth (4th) violation within the same calendar year. (e) A fine of one thousand five hundred dollars ($1,500.00) for each additional violation Smoke Free Air Ordinance Page 13 occurring thereafter within the same calendar year (f) Repeated violation of this Article is declared to be a public nuisance, which may be abated by the Department of Law seeking a restraining order, preliminary and permanent injunction, or other means provided for by law, and may bring action to recover the costs of the nuisance abatement. (g) The Department of Law is authorized to bring civil action against any alleged violator of this Article for all unpaid fines, and any and all expenses incurred by the City to enforce the provisions of this Article to seek compliance from the alleged violator. (h) Each day on which a violation of this Article occurs shall be considered a separate and distinct violation. Each violation of this Article shall constitute a separate offense. Section II. Repeal: Article 10 of Chapter 14 entitled "Smoking Regulations" of the South Bend Municipal Code is repealed. Any other ordinance which is inconsistent or in conflict with any part of this ordinance is expressly repealed to the extent of such inconsistency or conflict and the remainder of such ordinance or Code provision shall be unaffected and remain in effect. Section III. Severability: If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are declared to be severable. Section IV. This ordinance shall be in full force and effect on August 1, 2016, and from after the passage by the Common Council, approval by the Mayor and legal publication. I Member iz avin Ferlic A- Broden,-'4 ZDistA'et,Council Member y Kam, 3' DistricXCouncij Member Council Member at L rge °ed Vino ferk's Office MAR ;, KAREI<MAH FOWLER CITY CLEW, SOUTH FEND, IN Smoke Free Air Ordinance Page 14 I, Kareemah Flower, City Clerk, hereby verify that the foregoing ordinance was passed /defeated by the South Bend Common Council on the day of , 2016, by a vote of in favor and against. Kareemah Fowler, City Clerk South Bend, Indiana 1 • at o'clock 1 * READING PUBLIC HEARIN( '3 rd READING NOT APPRO\ REFERRED P ,AS �F^ Office of the City Clerk day of Pete Buttigieg,Mayor South Bend, Indiana day of 2016, at Filed in Clerk's Office MAR 9 ?016 fViPEr",�. " `1.I1 FOi,f; LER CITY CU -: ,�p47N t! :a i !1161 . The South Bend Common Council 227 West Jefferson Boulevard, Room 441 Downtown South Bend, Indiana 46601 574.235.9321 TDD 574.235.5567 March 9, 2016 The South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 Re: Proposed Landlord Registration Program Dear Council Members: Following a series of discussions with representatives of the City Administration representing the Code Enforcement Department, the Law Department, the Police Department, and the Human Rights Office, as well as with input from individuals involved in the real estate used for renting, and neighborhood groups and organizations, we are pleased to introduce for your consideration and approval a proposed ordinance which would create a Landlord Registration Program in the City of South Bend. We have reviewed landlord registration best practices implemented throughout the country. We have also studied landlord registration programs which have been in effect in several Indiana communities. Two ordinances in particular were carefully studied - Indianapolis and Evansville — in light of the fact that they were passed after the new Indiana state laws were enacted in 2014. We also reviewed Elkhart's ordinance which was updated in 2007; Goshen's ordinance which was last updated in 2006; along with rental registration regulations in effect Bloomington, Gary, Hammond, Elkhart, and Valparaiso. A common theme in all of these regulations focused on landlords as "responsible stewards of their property, working with the municipality to ensure safe, clean neighborhoods ". It is acknowledged that the Indiana General Assembly has restricted the ability of a municipality to regulate in this area. The proposed regulations are believed to be consistent with the governing state law regulations which are believed to be in the best interests of the City of South Bend. We look forward to receiving your input and seek your support. Thank you. Most sincerely, Tim Scott, 1St District Council Member South Bend Common Council Karen L. White, Council Member at Large South Bend Common Council Attachment Filed in Clerk's Office MAR 0 9 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN BILL No. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTHBEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED LANDLORD REGISTRATION PROGRAM STATEMENT OF PURPOSE AND INTENT The South Bend Common Council, in collaboration with the City Administration, believe that the following landlord registration program is in the best interests of the City of South Bend. The regulations have been carefully drafted to comply with the new governing Indiana state law. In 2014, the Indiana Association of Realtors (IAR) worked with the Indiana General Assembly to pass HEA 1403 which "caps the amount a local unit can charge for landlord registry fees at $5.00..." Some of the benefits of having such a local program which would incorporate best practices focus on: • Acknowledging data from the U.S. Census Bureau last revised on December 2, 2015 which reported that 43.3 % of housing units in the City of South Bend are rental units • Developing positive and improved communications and exchange of information among landlords, tenants and the community • Maintaining a registration program which assembles accurate information and which is informative for landlords, tenants and the general public • Enhancing housing quality and neighborhood stability through an improved informational system on rental properties In the preparation of the proposed regulations, several ordinances and best practices were carefully reviewed with a particular emphasis on two (2) city ordinances which were passed after the new state law took effect. These included the Indianapolis landlord registration regulations, which took effect on January 1, 2015, as well as the rental registration program in Evansville which was approved on September 8, 2014, when their Council passed Ordinance No. G- 2014 -29. Annual registration of property owners with the Department of Code Enforcement along with a fee of $ 5.00 per property owner will be required. Failure to register would result in a $500 fine. The City of South Bend's government website maintains a "Ten Tips Every Landlord Should Know" program in the interest of furthering collaboration between landlords and tenants. The City believes that the proposed registration program will enhance such opportunities throughout South Bend. The City's website will be updated to include information on the Landlord Registration Program as part of its proactive outreach to the community. C ©r <la�iae<l t /re �9c�nrnrc�z- �9c��izcil ft /e��ri /r �iz <l, <li<on« a�l/�tc�1: Section I. Chapter 6 of the South Bend Municipal Code is amended by the inclusion of new Article 10 which shall read in its entirety as follows: Article 10. Landlord Registration Program. Sec. 6 -40 Establishment of Landlord Registration Program. Ordinance Addressing Landlord Registration Program Page 2 (a) Effective June 30, 2014, political subdivisions in the State of Indiana were authorized to establish and enforce registration programs for rental units within their jurisdiction, subject to certain conditions and limitations. (b) The South Bend Landlord Registration Program is established pursuant to the authority granted by the state.' Sec. 6 -41 Definitions. (a) For purposes of this Article, the following definitions shall apply: (1) City means the City of South Bend, Indiana. (2) Commercial domicile has the meaning set forth in Indiana Code § 6 -3 -1 -22.2 (3) Department means the Department of Code Enforcement established and addressed in Section 2 -13 of the South Bend Municipal Code. (4) Landlord has the meaning set forth in Indiana Code § 32- 31 -3 -3. (5) Owner has the meaning set forth in Indiana Code § 32- 31 -3 -4. (6) Person has the meaning set forth in Indiana Code § 32- 31 -3 -5. (7) Rental unit has the meaning set forth in Indiana Code § 32- 31 -3 -8, except that an owner - occupied structure that: i. Has no portion of the area thereof promised for the use of a residential unit; or ii. Has a single sleeping unit being rented to a tenant shall not be considered a "Rental Unit ". (8) Rental unit community has the meaning set forth in Indiana Code § 36- 1- 20 -1.5. (9) Tenant has the meaning set forth in Indiana Code § 32- 31 -3 -10. (b) All definitions referred to in this section which incorporate the state law definitions shall reflect the most recent version of the state law definitions. ' Indiana House Enrolled Act 1403 (2014) added Indiana Code §36- 1- 20 -1.5 defining "rental unit community"; amended Section 1 of Indiana Code §36- 1 -20 -2, amended Indiana Code §36- 1 -20 -3; added new sections Indiana Code §36- 1- 20 -1.5, Indiana Code §36 -1- 20-4.1, Indiana Code §36- 1 -20 -5, and Indiana Code §36- 1 -20 -6. 2 This definition is from Indiana's tax regulations which requires the identification of the "principal place from which the trade or business of the taxpayer is directed or managed ". Ordinance Addressing Landlord Registration Program Page 3 Sec. 6 -42 Registration Required and Elements of the Landlord Registration Program.3 (a) Beginning September 15, 2016, all owners or landlords of rental units within the city must begin to register with the Department of Code Enforcement via a method or form prescribed by the department. However, to assist in the first -time implementation of the regulations under this Article, for calendar year 2016 only, registration shall be extended to December 30, 2016. The registration form shall include the following: (1) The name, telephone number, and the commercial domicile address of the owner's physical business location. Additional listing of a secondary address which is not required to be physical, may also be given when used for availability to the public; (2) The name and address of: a. The person(s) residing in Indiana authorized to manage the rental unit; and b. The person listed as the "responsible party" with the Internal Revenue Service;4 and c. The person who is authorized to act as agent for the owner for purposes of service of process and receiving and receipting for notices and demands on record with the Indiana Secretary of State's Business Services Division; and d. The property manager, if any, licensed by the Indiana Real Estate Commission.5 (3) Real property tax identification key number of each rental unit and /or rental unit community which the owner or landlord is submitting for registration purposes under this Article; (4) An affirmation of whether or not the rental units, the real property of which the rental units are a part, and any other rental unit property owned or registered by the owner in the city, are subject to any un- remediated citation or violation of the state and local codes and ordinances; (5) An affirmation of whether or not there is more than one (1) delinquent payment of real property taxes, assessments, or penalties (other than those that are the subject of an ongoing appeal or bankruptcy proceeding) with respect to the property or any other rental unit property owned or registered by the owner in the city; 3 All landlords and owners are also required to comply to the applicable provisions of the City of South Bend's Human Rights Ordinance which are codified in South Bend Municipal Code § 2 -126 through § 2- 132.1., as well as applicable provisions of federal and state laws which include but are not limited to the Fair Housing Act which is Title VIII of the Civil Rights Act of 1968 codified at 42 United States Code § 3601 et seq.; the Architectural Barriers Act of 1968 codified.at 42 United States Code § 4151, et seq.; Title II of the Americans With Disabilities Act of 1990 (ADA), codified at 42 United States Code § 12131, et seq.; and the Indiana Civil Rights Act codified at Indiana Code § 22 -9 -5. a The Internal Revenue Service requires the disclosure of the "name and taxpayer identification number of the true responsible party for the entity requesting an Employer Identification Number (EIN) ". s Indiana Code § 25 -34.1 sets for the Real Estate Brokers and Salespersons state law. Property management is covered under the broker and salesman's licenses by including renting, leasing, and managing covered activities. Limited exemptions are provided for such as "owners who only regulate activities are in relation to a maximum of 12 apartment units located on a single or contiguous parcels of land may rent them without a license ". Ordinance Addressing Landlord Registration Program Page 4 (6) A statement of the number of rental units on each separate parcel of real property covered by the registration. In the event of affirmation that the owner or landlord acknowledges that he or she does have real property with un- remediated citations as addressed in sub - paragraph (4) and /or more than one (1) delinquent payment of items addressed in sub - paragraph (5), the applicant shall be required to work with the issuing Department or Agency to amicably resolve such matters. (b) Beginning September 15, 2016, an owner or landlord of a rental unit must pay to the Department of Code Enforcement an initial registration fee of five dollars ($5.00), with all such fees deposited into the Landlord Registration Fund. However, to assist in the first -time implementation of the regulations under this Article, for calendar year 2016 only, registration shall be extended to December 30, 2016. Only one (1) registration fee is required for all rental units in a rental unit community. If a rental unit is not part of a rental unit community, a separate registration fee must be paid for each separate parcel of real property on which a rental unit is located, unless they are all registered at the same time. (c) In the event of a change of ownership, the new owner or landlord must, not later than thirty (30) days after the change of ownership, pay the registration fee of five dollars ($5.00) and provide updated registration information to the Department of Code Enforcement. The effective date of new ownership will be the date the property was transferred or the date the deed was recorded, whichever occurs earlier. (d) Registrations must be renewed annually with the Department of Code Enforcement. The renewal fee shall be five dollars ($5.00), with all such fees deposited into the Landlord Registration Fund. (e) The owner or landlord must notify in writing the Department of Code Enforcement within thirty (30) days of any changes to the registration information. Sec. 6 -43 Landlord Registration Fund. A special fund designated as the "Landlord Registration Fund ", Fund No. 221, is created. It shall be a continuing, non - reverting fund, with all balances remaining therein at the end of the year, with such balances not reverting to the City's General Fund. All fees assessed and collected under this Article shall be deposited into this fund, with such monies being dedicated solely to reimbursing the costs actually incurred which are related to the South Bend Landlord Registration Program. This fund will be subject to annual appropriation by the South Bend Common Council. Sec. 6 -44 Enforcement and Penalties (a) This Article shall be enforced by the Department of Code Enforcement or an authorized designee. (b) Failure to register as required by Section 6 -42 of the South Bend Municipal Code is subject to a civil penalty of five hundred dollars ($500.00) for each rental unit or rental unit community in violation. (c) Submitting an incomplete registration form is subject to a civil penalty of one hundred dollars ($100.00). Ordinance Addressing Landlord Registration Program Page 5 (d) Providing any false, material misrepresentation or false statement on each filing of a registration form required in Section 6 -42 is subject to a civil penalty of two thousand five hundred dollars ($2,500.00). (e) Failure to update the registration within thirty (30) days of a change in ownership and /or registration information, as required by Section 6 -42 of the South Bend Municipal Code, is subject to a civil penalty of five hundred dollars ($500.00). (f) Failure to renew the registration as required by Section 6 -42 of the South Bend Municipal Code is subject to a civil penalty of five hundred dollars ($500.00). (g) Civil penalties paid in response to violating this Article shall be deposited into Fund No. 221. Such civil penalty monies shall be kept segregated from fees deposited into this fund for accounting purposes, and shall be subject to appropriation by the South Bend Common Council for the replacement of curbs and /or sidewalks which may be located contiguous to a property registered under this program. Location determination shall be based on a public safety priority need basis, as determined by the City's Department of Public Works Director. (h) The penalties allowed under subsections (a) through (e) of this section may not be imposed until after: (1) A notice of violation has been issued to the owner or the owner's designee by personal service or by first class United States Mail, postage prepaid; (2) Passage of thirty (30) days from receipt of the notice, which must be stated in the notice, for the violation to be cured; and (3) Failure of the violation to be cured within the time stated in the notice. Sec. 6 -45 Performance Measures and Reporting. As part of the annual report, the Department of Code Enforcement shall measure the success of the Landlord Registration Program using the following performance measures, which may be supplemented with additional performance measures: (a) Number of landlords registered under the Program; (b) Number of parcels identified by their individual real property tax identification key number under the Program; (c) Number of fines and civil penalties issued, the number and amount of fines and civil penalties collected, the number and amount of fines and civil penalties unpaid and the status of their collection with such data being organized by the category of the civil penalty identified in the notice of violation; and (d) Status of balances of the Landlord Registration Fund, Fund No. 221 identifying fees and civil penalty dollars transactions separately. Ordinance Addressing Landlord Registration Program Page 6 Section II. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect on September 15, 2016, from and after its passage by the Common Council, approval by the Mayor, and legal publication. Tim Scott, 1St District Council Member South Bend Common Council Karen L. White, Council Member at Large South Bend Common Council Office of the City Clerk 06)r4e,1W 61by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2016, at o'clock . m. Office of the City Clerk >yc��e�G�>uG�r��ze�l by me on the day of 2016, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana Filed in C `fice 1!* READING PUBLIC HEARING 3 rd READING MARCH 9 Zt10 NOT APPROVED REFERRED KAREF PASSED CITY CLEF ;J, IN t4v LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571 March 8, 2016 South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 RE: APC #2774 -16— Rezoning for 736 Lincolnway West Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your March 14, 2016 Council meeting, and set it for public hearing at your April 25, 2016. Council meeting. The petition is tentatively scheduled for public hearing at the April 19, 2016 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sincerely, Matthew P. Chappuies Planner CC: Kathy Cekanski - Farrand Filed In Clerk's Office MAR 0 9 2016 i4AREE— EMAI-1 Ff:)WLfR CITY CLERK, SOUTH BEND, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W . S T J O S E PH C 0 U N T Y I N D I ANA. CO M/ A R E A PLAN ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 424,426 & 430 CUSHING STREET AND 726 & 736 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property for a retail store. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lots numbered 1 through 4 as shown on the recorded plat of Heintzmans Addition to the City of South Bend, Indiana and Lot numbered 6 as shown on the recorded plat of Kunstman's First Addition to the City of South Bend, Indiana be and the same is hereby established as MU Mixed Use District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. Approved and signed by me on the o'clock . M. 1 st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED . DASSED City Clerk day of Mayor, City of South Bend, Indiana 2 , at Filed in Clerk's Office MAR 0 9 2 116 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN PETITION FOR ZONE MAP AMENDMENT Citv of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 424 Cushing Street; 426 Cushing, Street; 430 Cushing Street; 726 Lincoln lYcry West; 736 Lincoln Way West; and 18 VAC L6 50X189 LWPV (shown on the St. Joseph County GIS Map as a portion of 726 Lincoln Way West); (the properly, is generally located at the southeast corner ofLincohr Way West and Cushing Street, and also includes an alley adjacent to the foregoing parcels n °hich is to be vacated) South Bend, Indiana 46616 2) The property Tax Key Number(s) is /are: 018 -1028 -1262; 018 -1028 -1261; 018 - 1028 -1260; 018 - 1028 -1259; 018 -1028 -1258; 018 -1029 -1282 3) Legal Descriptions: See attached Exhibit A 4) Total Site Area: 0.90 acres f; 39,366 sf f 5) Name and address of property owner(s) of the petition site: Wadad El- Anunori, 51343 Lilac Road, South Bend, IN 46628 George Kalqfat, 20633 Roycroft Drive, South Bend, IN 46614 Lincoln Park Development LLC, 724 W. Washington Street, South Bend, IN 46601 Name and address of additional property owners, if applicable: None 6) Name and address of contingent purchaser(s), if applicable: FD South Bend Indiana Lincoln Way and Cushing Street, LLC 19 South LaSalle Street, Suite 1007 Chicago, IL 60603 312.332.0690 Name and address of additional property owners, if applicable: None 7) It is desired and requested that this property be rezoned: From: CB Community Business District To: MU Mixed Use District Filed in Clerk's Office [MAR 0 9 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN SF2 Single Family Two Family District 8) This rezoning is requested to allow the following use(s): Family Dollar retail store IF VARIANCES) ARE BEING REQUESTED (if not, please skip to next section): 1) Var•ianc•es fi•ow Section 21 -03.02 allonring (i) less than 50% of the font facade of the building to be located between the minimum and maxinnim setback area. 00 a portion of the parking area to he in front of the maximum setback; and (iii) a retail use in excess of 8, 000 square feet of gross floor area (see attached narrative for additional details) 2) 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: See attached narrative (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: See attached nari- ttive (c) The strict application of the terns of this Ordinance would result in practical difficulties in the use of the property: Seca attached narrative IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s) being requested: 2) 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: N /A (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: AM (c) The proposed ttse will be consistent with the character of the district in which it is located and the land uses authorized therein; and: N /r4 (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. NIA In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Dubin Singer PC, Attn: David Font= 123 1%", [f'ac•kcr-D711'e. Sttite 1600 Chicago, IL 60606 312-801-8752 C 11' rJltt��� Cltfh7T1SF11�ieY.C(1711 BY SIGNING THIS PETITION, THE PETITIONERS /PROPERTY OWNERS OF THE ABOVE - DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COUNTY COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s) of all property owner(s), or signature of Attorney for all property owner(s): W,,I, !. i°ct - A �i t S4R n.•tbc-1-ta u'--ie -A ot, !}11xne l goraQ "o C A CW9 - L-t": -& Q00"A- ,n i co6meV L'.hcotn Qctrit OQle1�y �' t.t, t- Cgae LoelvJ F 5�, Pte► 1 r,�:, t-� �1 t, 1,%,/ a ckr -� �� c (tee �el� \0C.CX PnR S�E�tE:roQ!�e�1It_t..L, ��a oelhl w�l7nJo.run.�;nI/a.�u�lG�s1�� S�rar+,Ottr LIMITED POWER OF ATTORNEY Area Plan Commission of St. Joseph County, IN 1140 County -City Bldg., 227 W. Jefferson Blvd. South Bend, IN 46601 RE: 424 Cushing Street, South Bend, IN 46616; PIN# 71- 08 -02- 458- 004.000 -026 (the "Property") To Whom It May Concern: I am the current owner of the Property. The Property is the subject of that certain Purchase and Sale Agreement dated as of October 15, 2015 (the "Contract"). I hereby acknowledge that FD South Bend Indiana Lincoln Way and Cushing Street, LLC, its affiliates, agents, and attorneys (collectively, the "Purchaser "), will be pursuing certain petitions, applications and the like with respect to the Property, including, without limitation, a re- zoning petition, one or more zoning variances, and an application to vacate an alley adjacent to the Property (collectively, the "Necessary Approvals "). I hereby consent to the Purchaser making all necessary and appropriate submissions to the applicable governmental authorities in connection with the Necessary Approvals, and agree that my signature below may be used in substitution for any signatures required of the owner of the Property for such submissions. I hereby agree that Purchaser may represent petitions, applications and the like before the Area Plan Commission, City Council and other applicable governmental authorities, and may answer any and all questions thereon. J�, C�Jmq GEORGE KrVAT Filed in Clerk's Office MAR 0 9 2o16 KAR H FtJWLER CITY CLERIC, SOUTH BEND, IN LIMITED POWER OF ATTORNEY Area Plan Commission of St. Joseph County, IN 1140 County -City Bldg., 227 W. Jefferson Blvd. South Bend, IN 46601 RE: 736 Lincolnway West, South Bend, IN 46616; 726 Lincolnway West, South Bend, IN 46616; 430 Cushing Street, South Bend, IN 46616; and 18 VAC L6 50X189 LWW, South Bend, IN 46601; PIN#: 71- 08 -02- 458- 001.000 -026, 71- 08 -08- 458- 010.000 -026, 71- 08 -02- 458- 002.000 -026, and 71- 08 -02- 458- 011.000 -026 (collectively, the "Property") To Whom It May Concern: I am the current owner of the Property. The Property is the subject of that certain Purchase and Sale Agreement dated as of October 15, 2015 (as amended, the "Contract "). I hereby acknowledge that FD South Bend Indiana Lincoln Way and Cushing Street, LLC, its successors, assigns, affiliates, agents, and attorneys (collectively, the "Purchaser "), will be pursuing certain petitions, applications and the like with respect to the Property, including, without limitation, a re- zoning petition, one or more zoning variances, and an application to vacate an alley adjacent to the Property (collectively, the "Necessary Approvals "). I hereby consent to the Purchaser making all necessary and appropriate submissions to the applicable governmental authorities in connection with the Necessary Approvals, and agree that my signature below may be used in substitution for any signatures required of the owner of the Property for such submissions. I hereby agree that Purchaser may represent petitions, applications and the like before the Area Plan Commission, City Council and other applicable governmental authorities, and may answer any and all questions thereon. WADAD EL- AMMORI Filed in Clerk's Office MAR 09 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN EXHIBIT A TO PETITION - LEGAL DESCRH'TION PARCEL LOTS NUMBERED ! 2 AS ! ON RECORDED # t zwt IN WIDTH, TAKEN AND FROM THE ENTIRE EAST END THERE-OF, JOSEPH PARCEL THE NORTH 112 OF LOT NUMBERED 3 AND A LOT OR PARCEL OF LAND 45 FEET IN WIDTH, 1 1 1 # 4 • I lQF • 7 t 4 PARCEL PARCEL IV: LOT NUMBERED FOUR (4) AS SHOWN ON THE RECORDED PLAT OF HEINZKWS, ADDITION TO THE CnY OF SOUTH BEND. PARCEL V: ! • t .i • • # Filed in Clerk's office PEAR 0 9 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN REZONING AND VARIANCE APPLICATION NARRATIVE Introduction FD South Bend Indiana Lincoln Way and Cushing Street, LLC, an Indiana limited liability company ( "A licant ") is a preferred developer for Family Dollar, Inc. ( "Family Dollar "), a subsidiary of Dollar Tree, Inc., a publically traded company (NASDAQ: DLTR). Family Dollar sells merchandise for the family and home in a small -box, neighborhood format. While the name "Family Dollar" might suggest it is a "dollar store," it is in fact a general retail store. Applicant and Family Dollar identified an opportunity to bring Family Dollar's product to the location in South Bend as described more fully below. Family Dollar's business model necessitates that it lease stores between 8,000 and 10,000 square feet. After much time and consideration, Applicant and Family Dollar selected the Property (as defined herein) as an ideal location on which it could construct an approximately 8,225 square foot one -story building from which Family Dollar, a single user retail tenant, would operate (the "Project" ). The Property Applicant is currently working under purchase and sale agreements to acquire that certain property located at the southeast corner of Lincoln Way West and Cushing Street in South Bend (the "Propert y "). The Property consists of the following six (6) individual parcels, as well as an adjacent alley that is to be vacated. Address County Parcel ID Number Current Zoning 736 Lincoln Way West 018 - 1028 -1258 CB 726 Lincoln Way West 018 - 1028 -1259 CB 430 Cushing Street 018 - 1028 -1260 CB 426 Cushing Street 018 - 1028 -1261 S172 424 Cushing Street 018 - 1028 -1262 CB 18 VAC L6 50X189 LWW 018 - 1029 -1282 CB A site plan depicting the proposed development of the Property is attached hereto as Exhibit A (the "Site Plan "). For reference, a marked up GIS map obtained from the St. Joseph County website is attached hereto as Exhibit B, on which the Property is outlined. The Property is currently zoned as set forth above. Applicant's Rezoning Application As set forth above, Applicant intends to develop the Property for use as a "Family Dollar" retail store. In connection with such proposed development, Applicant respectfully submits this application to rezone the Property from the zoning classifications set forth above, to the "MU" Mixed Use District classification. Applicant understands that certain factors are taken into account when considering a rezoning application. Accordingly, Applicant respectfully submits as follows: 1. The proposed rezoning is consistent with the Comprehensive Plan. Upon information and believe, the City of South Bend (the "City ") has recently adopted a Comprehensive Plan entitled "West Side Main Streets; The Revitalization Plan for Lincoln Way, Western Avenue, and West Side Neighborhoods" (the "Comprehensive Plan "). The Comprehensive Plan denotes the area in which the Property is located as within the "Colfax District', and further within the "MLK Node." The Comprehensive Plan envisions this area to be developed with a "streetscape" theme so as to create pedestrian- friendly destinations. Consistent with the foregoing, Applicant has spent a considerable amount of time developing the Site Plan such that the location of the proposed building is at the northeast corner of the Property, with the main entrance to such building being approximately parallel to Lincoln Way West. A sidewalk will connect said main entrance with the main sidewalk along Lincoln Way West, and the use of landscaping and ornamental trees with enhance aesthetics. Additionally, much of the parking, as well as the loading and dumpster areas, have been laid out behind the proposed building in the back of the Property. Accordingly, Applicant respectfully submits that the Project is consistent with the Comprehensive Plan. 2. The proposed rezoning is consistent with the current conditions and character As revealed by the zoning map for the City, many of the parcels in the vicinity of the Property along Lincoln Way West are currently zoned with the "MU" Mixed Use classification. This includes the parcels at the northwest and southwest corners of Lincoln Way West and Cushing Street, and nearly all of the property east of Scott Street along Lincoln Way West. The parcels immediately to the east of the Property are currently zoned with the "CB" Community Business classification. The parcels directly across Lincoln Way West from the Property are currently zoned "LB" Local Business. Based on the foregoing, the proposed rezoning to the "MU" Mixed Use District is consistent with the majority of parcels along Lincoln Way West in the vicinity of the Property. Additionally, the proposed development of the Property for use as a "Family Dollar" retail store is consistent with the character of the surrounding areas, which is generally commercial in nature. 3. The proposed development of the Property is the most desirable use As set forth above, the Comprehensive Plan envisions "streetscape" development with pedestrian — friendly uses. Further, the South Bend Zoning Ordinance (the "Zoning Code ") provides that the provisions applicable to properties in the "MU" Mixed Use District are intended to encourage storefront retail and a pedestrian oriented design. Applicant respectfully submits that the Project is consistent with the foregoing considerations, and is therefore the most desirable use of the Property. 4. The proposed development of the Property will not diminish surrounding property values As set forth above, the addition of a "Family Dollar" retail store will be consistent with surrounding property uses along Lincoln Way West, which are generally commercial in nature. Applicant intends to construct a brand new "Family Dollar" store on a lot that is primarily vacant. Accordingly, Applicant respectfully submits that the proposed development of the Property will likely enhance the value of surrounding property. 5. The proposed development is consistent with responsible development and growth The proposed rezoning and subsequent development of the Property will enable Family Dollar to provide nearby residents with convenient access to a wide variety of goods. Family Dollar aspires to be the best small - format convenience and value retailer which serves the needs of families in the neighborhoods in which it is located. As set forth above, the proposed development is consistent with the Comprehensive Plan. Applicant therefore respectfully submits that the proposed development of the Property and the rezoning requested herein is consistent with responsible development and growth. Applicant's Variance Application In connection with the Project, Applicant respectfully requests the following variances from the provisions of Section 21 -03.02 of the Zoning Code: A. Section 21- 03.02(b)(2)(A)(i): The Zoning Code provides: "For sites containing one building — in elevation view from the street frontage, at least fifty percent (50 %) of the length of the fagade of the building facing a street shall be located at or between the minimum setback and the maximum setback." With respect to front yards and building setbacks, the Zoning Code provides a minimum of five (5) feet and a maximum of twenty (20) feet. As shown on the Site Plan, the side of the building facing Cushing Street complies with the foregoing requirement. However, the portion of the building facing Lincoln Way West contains eighty six (86) feet of linear frontage (including (i) approximately twenty (20) feet as respects the corner element that is approximately parallel to Lincoln Way West and, and (ii) approximately sixty six (66) feet as respects the balance of the front of said building), of which approximately thirty four (34) feet (or approximately thirty nine and one half percent (39.5 %)) is between such minimum and maximum setbacks. Therefore, Applicant seeks a variance from the Zoning Code to allow less than fifty (50 %) of the building fagade facing Lincoln Way West to be within the minimum and maximum setbacks. B. Section 21- 03.02(b)(2)(A)(iii): The Zoning Code provides: "parking areas and interior access drives shall not be located in the front of the maximum setback. As shown on the Site Plan, approximately five (5) feet of the parking area near Lincoln Way West is in front of the maximum setback. Therefore, Applicant seeks a variance allowing such portion of the parking area to be within such maximum setback. C. Section 21- 03.02(b)(5)(A): The Zoning Code provides that single retail uses shall not exceed eight thousand (8,000) square feet of gross floor area. The Site Plan indicates a building containing approximately eight thousand two hundred twenty five (8,225) square feet of gross floor area. Therefore, Applicant seeks a variance allowing the building to be constructed on the Property to contain in excess of eight thousand (8,000) square feet. Applicant understands that certain standards must be met in order for the variances requested herein to be granted. Accordingly, Applicant respectfully submits as follows: 1. The granting of the variances requested herein will not be injurious to the public health, safety, morals or general welfare of the community. In the spirit of the Zoning Code, the Project will enable a retail store to be developed along a major right -of -way in an area zoned for commercial use, thus providing citizens with convenient access to a wide variety of goods so as to meet the day -to -day convenience shopping needs of persons living in nearby residential areas, and promoting the health, safety, quality of life, comfort and general welfare of the City. In the spirit of the Comprehensive Plan, the Project will bring new jobs to the community, encourage additional growth, and provide a new source of sales tax revenue. Further, the new improvements on the Property will increase its assessed valuation, thereby increasing real estate tax revenue. Based upon Applicant's previous experience in connection with other Family Dollar developments, Applicant believes that the granting of the requested variances will not adversely affect the public health, safety, morals, or general welfare. Rather, the requested variance is in harmony with the spirit and intent of the Zoning Code and the mixed use nature of the surrounding area. 2. The use and value of the area adjacent to the property included in the variances will not be affected in a substantially adverse manner. As stated above, many of the surrounding parcels along Lincoln Way West are being used for commercial purposes. Therefore, the Project is consistent with existing conditions. Additionally, the variances will not impair an adequate supply of light or air to the adjacent properties, substantially increase the congestion in the public streets, increase the danger of fire, or diminish or impair property values within the neighborhood. Further, the Site Plan has been prepared with considerations such as screening and buffering in mind, particularly with respect to the residential nature of nearby parcels. 3. The strict application of the terms of the Zoning Code would result in practical difficulties in the use of the Property. Applicant spent a substantial amount of time and consideration in selecting the Property and preparing the Site Plan for the Project to most efficiently and effectively utilize the Property. Applicant made every effort to configure the building to be constructed on the Property such that it would conform to all of the provisions of the Zoning Code. However, the Property has certain physical characteristics which make full compliance with the terms of the Zoning Code quite difficult. For example, the northwest portion of the Property includes a sharp angle at the intersection of Lincoln Way West and Cushing Street. Applicant has aligned the main entrance of the building on the Property to be approximately parallel to Lincoln Way West. However, laying out the entire front fagade of the building in such a manner would be impractical. Additionally, Applicant has taken into account the need to comply with various parking, screening and landscaping requirements of the Zoning Code, as well as certain engineering and traffic concerns (such as truck access and to allow maneuvering of customers, employees and deliveries at the Property). Finally and as set forth above, Applicant intends to develop the Property for use as a "Family Dollar" retail store. Family Dollar is a national operator with established guidelines as to the size of the building and layout of the site to be operated. Without the approval of Family Dollar, Applicant would be unable to pursue development of the Property. Based on the foregoing, Applicant respectfully submits that strict application of the terms of the Zoning Code would result in practical difficulties in the use of the Property. Filed in Clerk's Office MAR 0 9 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN EXHIBIT A TO APPLICATION NARRATIVE — SITE PLAN (attached on one (1) page that follows) 6i o o a z d t 3 Q m�C r V m o c — c m E y E � � L CU�oN N $ �n e d Qa� aas W-' �a N_ W CL C a W O J d l0 m ci N° a c� a _ .� G° `p N" O- Y N aM M _ v o° a uti `o z r o v O m° aMO� ' ui' .. d' �u m�'! u '" v `mac v °z _Oym a d rq CD -0 Z fn Z, m e c- F v 3 E `o ° c n `o 7 i cu IL Q cm NN�Cx d�C�� �x On O�¢d V ¢� C O Oo m o f c;: 9 w w C x o a C m N�i o` n nw an USm' a`�« z`. E�IO n ism 'a a'`. °v `o . Q�s >¢m a U I o CC - - - -- I eiTs i0 V _ F- _ `` y. ve� I I I Lu >- .•Q Qe �__ I I .� Q wa wz I I v cc w �, o w z CL Q Z O li U r } U Z 1 �3 L ~ zZ LU = w 5 ;i i ci i is i i m w a p z w� vi w • /j N j 4 En CC W v Q Z r W qj� Qy w D o w m N° w o w CL WE w m o w w o 0 NOnlV03W ON .....° . ,.' J, ■ m w � 8L-WOl 3dAI N0IS `JNi(nna m w ¢ m M O v r rn 6 wm M m_ V z a : ••/,s � / 3 m j 43-� 1 � O L)m J o W v i Q O a w ? � Q a}a 0 =5 w = m > o °N ow o � N / �o J N F- a 0 °� m ) o z V -,z O z o m �9£ o w VA ddn8� < m lVIINX Sag a f3� D OZ ° � ' — F - t ow uj A N 000 ,c9,z a w Imz o o=o w QAI3g H LIlOS 30 I LI0 -IdOI LOIQSRIflf - HdY�I OZ z ~ vwi — — is DNuxsnD — — — o o W Q W 3 z cn a x �•�• ' o ' mo a 1 m r — — N�o o Ld z I I I I Wn :. aWm Nom �---- - ----� I I I �oz I L —J L —� Sao EZN I I Z 1 a ate¢ I I F- oo Z cn?a EXHIBIT B TO APPLICATION NARRATIVE — GIS PAGE (attached on one (1) page that follows) U' O � V C c �h o rn 0 d c N Ol N N c O N N a m N Vl 47 U U N u- ac N m T cu � N N N a s in in o¢ U o 3 m c` f0 N 0 U J J 3 (6 O co O O 0 > to W 0 W m � �: 4 ❑II 11 I BE ! I ■III c ra UJ UJJ col i. a' , a.. < 3 w u? %_ OIJE IT TrTr- In F is 11 51 i pax F ,. j Y Lit rM A t jj , ^� ,❑ C3 L iyy_ S y — co a O c 0 g O CL o z c o !S (Q• Cl) ;p E I) m CU c _ U. 7 J � C N N O � U O ca X o (D U .� cts V a -- — - anb_anoea6e11n� - -- } -n 7�j�- I C 1+�1� I _ N cc- 2 a .N O o E A � ii� N 11 N a N � c m •� 4 ff Z`, d 4) cu o p I �+—j , d CL U O 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 March 3, 2016 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR PHONE 574/ 235 -7678 FAX 574/ 235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4t" Floor South Bend, Indiana 46601 RE: March 2016 Appropriation Ordinance — Enterprise Funds Dear President Scott, 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 periodically throughout the year. For 2016, we plan to propose adjustments during four time periods— March, June, September and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. Please note that the negative amount for the Consolidated Building Fund ( #600) of $926,497 consists of costs that have been transferred to the new Unsafe Building Fund ( #219). This appropriation is included on the ordinance for Civil City funds. 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 15t reading on March 14, 2016 with 2nd reading, public hearing and 3rd reading scheduled for March 28, 2016. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574 - 235 -7678. Regar s, J H. Murphy City Controller CC: Pete Buttigieg, Mayor James Mueller, Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney Jennifer Hockenhull, Deputy City Controller Filed in [e tk'® e CITY CLERK, OUTH SEND, IN Excellence I Accountability I Innovation I Inclusion I Empowerment ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2016 OF ($926,497) FROM CONSOLIDATED BUILDING FUND (#600),$480,000 FROM EMS CAPITAL FUND ( #287), $25,000 FROM EMS OPERATING FUND ( #288), $2,500 FROM 2015 SEWER BOND ISSUANCE FUND (4666),$188,621 FROM CENTURY CENTER CAPITAL FUND (#671),$63,000 FROM WATERWORKS O &M FUND ( #620), AND $361,294 FROM SEWAGE O &M FUND ( #641). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2016 operating and capital budgets in 2015 (Ordinances #10389 -15 passed on October 12, 2015), 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 2016 and set apart within the following designated funds for operational expenses as follows: Fund Amount Consolidated Building Fund ( #600) $(926,497) EMS Capital Fund ( #287) 480,000 EMS Operating Fund ( #288) 25,000 2015 Sewer Bond Issuance Fund ( #666) 2,500 Century Center Capital Fund ( #671) 188,621 Waterworks O &M Fund ( #620) 63,000 Sewage O &M Fund ( #641) 361,294 TOTAL 1 3 918 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2016, at o'clock . m. 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IL 60606 Direct: 312.801.8752 Fax: 312.801.8767 E -mail dyontz(a'..dubinsin ; er.com RE: Alley Vacation Petition for certain property located at the southeast corner of Lincoln Way West and Cushing Street in South Bend, Indiana ( "the Property") Dear Ms. Fowler: Please allow this to serve as a letter briefly explaining why the enclosed Petition to Vacate is being submitted. The Petition to Vacate is being sent on behalf of FD South Bend Indiana Lincoln Way and Cushing Street, LLC, an Indiana limited liability company ( "FD South Bend "). FD South Bend is a preferred developer for Family Dollar, Inc. ( "Family Dollar "), a subsidiary of Dollar Tree, Inc., a publically traded company (NASDAQ: DLTR). Family Dollar sells merchandise for the family and home in a small -box, neighborhood format. FD South Bend and Family Dollar have selected certain property located at the southeast corner of Lincoln Way West and Cushing Street in South Bend (the "Property ") as a location for construction of an approximately 8,225 square foot building from which Family Dollar will operate (the "Project "). For your reference, a site plan depicting the proposed development is attached hereto (the "Site Plan "). As shown on the radius map accompanying this application, an alley measuring approximately 193 feet in length and 14 feet in width currently runs through the eastern portion of the Property. If the enclosed Petition to Vacate is approved, such alley will be incorporated into the Project as shown on the Site Plan. Granting the Petition to Vacate enclosed herewith will allow the Project to be developed along a major right -of- way in an area zoned for commercial use. FD South Bend respectfully submits that such development will provide citizens with convenient access to a wide variety of goods so as to meet the day -to -day convenience shopping needs of persons living in nearby residential areas, and will promote the health, safety, quality of life, comfort and general welfare of the City. The Project will bring new jobs to the community, encourage additional growth, and provide a new source of sales tax revenue. Further, the new improvements on the Property will increase its assessed valuation, thereby increasing real estate tax revenue. Based on the foregoing, FD South Bend respectfully requests that the Petition to Vacate enclosed herewith be approved. Please do not hesitate to contact me should you have any questions or comments. Thank you in advance for your time and consideration as respects this matter. Sinc ly, �--- David A. Yontz Dubin Singer, PC Attorneys for FD South Bend Filed in Clerk's Office MAR 0 9 2016 KAREEMAH FOWLER CITY CLERK, SOUTH REND, IN ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The alley to be vacated is the first North/South alley West of Cushing Street. from Lincoln Way West to the first East/West alley for a distance of 193 fcct and a width of 14 feet. Said alley; being a part of Heintzman`s Addition and Kunstman's Addition, City of South Bend, Portage Township, St. Joseph County, Indiana. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above - described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The alley to be vacated is the first North/South alley West of Cushing. Street from Lincoln Way West to the first East/West alley for a distance of 193 fcct and a width of 14 feet. Said $l ley being a part ofHeintztan's Addition And Kunstman's Addition, City of South Bend, Portage Township, St. Joseph County, Indiana. hereby determines that is it 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 affecting by such vacating: Lot Number County Parcel ID Number Current Owner 1&2 018- 1028 -1259 Wadad El -Ammon 3 018 - 1028 -1260 Wadad El -Ammon 3 018 -1028 -1261 Lincoln Park Development LLC 4 018 -1028 -1262 George Kalafat 6 018- 1029 -1282 Wadad El -Ammon SECTION IV. The purpose of the vacation of the real property is to allow for the development of such property as part as part of an overall site plan, consisting of approximately 0.87 acres, for use as a Family Dollar retail variety store and related improvements. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the of , 20_, at o'clock M. City Clerk Approved and signed by me on the day of , 20 , at o'clock M. I * RFADIFiG' PUBLIC HEARING 3 rd READING NOT ,APPROVED REFERRED PASSED Mayor, City of South Bend, Indiana day Filed in Clerk's Office MAR 0 9 2Q16 KAREEMAH FOWLER CITY CLERK, SOUTH 5E JD, IN PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS) TO THE COMMON COUNCIL DATE: 7 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE THE ALLEY DESCRIBED AS: The alley to be vacated is the first North /South alley West of Cushing Street from Lincoln Way Rest to the first East/West alley for a distance of 193 feet and a width of 14 feet_ Said alley being a pzarl of laeintzman °s Addition and Kunstman's Addition, City of South Bend, Portage Township, St. Joseph County, Indiana. NAME ADDRESS LOT # Wadad El- Ammori (see 51343 Lilac Road 1, 2, 3, 6 attached Limited Power of South Bend, IN 46628 Attorney) George Kalafat (see attached 20633 Roycroft Drive, South 4 Limited Power of Attorney) Bend, IN 46614 Lincoln Park Development 724 W. Washington Street 3 LLC South Bend, IN 46601 Attn: Anne Mannix By: Name: Anne Mannix Title: Sole Member CONTACT PERSON: Dubin Singer PC Attn: David A. Yontz 123 N. Wacker Drive, Suite 1600 Chicago, IL 60606 Phone: (312) 801 -8752 Email: dyontz @dubinsinger.com Filed in Clerk's Office MAR 0 9 2016 KAREEMAH FOWLER L.21TY CLERK, SOUTH BEND, IN LIMITED POWER OF ATTORNEY Area Plan Commission of St. Joseph County, IN 1140 County -City Bldg., 227 W. Jefferson Blvd. South Bend, IN 46601 RE: 424 Cushing Street, South Bend, IN 46616; PIN# 71- 08 -02- 458- 004.000 -026 (the "Property") To Whom It May Concern: I am the current owner of the Property. The Property is the subject of that certain Purchase and Sale Agreement dated as of October 15, 2015 (the "Contract "). I hereby acknowledge that FD South Bend Indiana Lincoln Way and Cushing Street, LLC, its affiliates, agents, and attorneys (collectively, the "Purchaser "), will be pursuing certain petitions, applications and the like with respect to the Property, including, without limitation, a re- zoning petition, one or more zoning variances, and an application to vacate an alley adjacent to the Property (collectively, the "Necessary Approvals "). I hereby consent to the Purchaser making all necessary and appropriate submissions to the applicable governmental authorities in connection with the Necessary Approvals, and agree that my signature below may be used in substitution for any signatures required of the owner of the Property for such submissions. I hereby agree that Purchaser may represent petitions, applications and the like before the Area Plan Commission, City Council and other applicable governmental authorities, and may answer any and all questions thereon. kl6a GEORGE KV�AFAT Filed in Clerk's Office MAR 0 9 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IIV LIMITED POWER OF ATTORNEY Area Plan Commission of St. Joseph County, IN 1140 County -City Bldg., 227 W. Jefferson Blvd. South Bend, IN 46601 RE: 736 Lincolnway West, South Bend, IN 46616; 726 Lincolnway West, South Bend, IN 46616; 430 Cushing Street, South Bend, IN 46616; and 18 VAC L6 50X189 LWW, South Bend, IN 46601; PIN #: 71- 08 -02- 458- 001.000 -026, 71- 08 -08- 458- 010.000 -026, 71- 08 -02- 458- 002.000 -026, and 71- 08 -02- 458 - 011.000 -026 (collectively, the "Property") To Whom It May Concern: I am the current owner of the Property. The Property is the subject of that certain Purchase and Sale Agreement dated as of October 15, 2015 (as amended, the "Contract'). I hereby acknowledge that FD South Bend Indiana Lincoln Way and Cushing Street, LLC, its successors, assigns, affiliates, agents, and attorneys (collectively, the "Purchaser "), will be pursuing certain petitions, applications and the like with respect to the Property, including, without limitation, a re- zoning petition, one or more zoning variances, and an application to vacate an alley adjacent to the Property (collectively, the "Necessary Approvals "). I hereby consent to the Purchaser making all necessary and appropriate submissions to the applicable governmental authorities in connection with the Necessary Approvals, and agree that my signature below may be used in substitution for any signatures required of the owner of the Property for such submissions. I hereby agree that Purchaser may represent petitions, applications and the like before the Area Plan Commission, City Council and other applicable governmental authorities, and may answer any and all questions thereon. /l R WADAD EL- AMMORI y v N N N' C n c Z w o = J IBC) Z In '>. °o w> .� w a r QII p �o o ., c u o w o CD U e ti o w m r L U)r =y v E o Ec `o `�" v w 20 .n ° Y° ° m O p` W CL 7 * ° �'vEi c a = ~w v �.. m5 ` °_ w CV LL r_ a-d lL 03 J a .°•° `IS -N ° °�' o ff Z V) /�v/A + N m °(O if (xn c U° m ). .-.I � v m M ° � * m `Im ; •° Om ° � ° yy lLL° u � 'N NO C.c . >° °m m o av a `v ° ° s -O a � c a n iuC n - _ C `o w � . 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I a�< a¢ H o p rn?a 018 - 1055-2345 l 727 LINCOLNWAY Goa %* Lots 18 & 23 The alley to be vacated is the first North/South alley West of Cushing Street from Lincoln Way West to the first East/West alley for a distance of 193 feet and a width of 14 feet. Said alley being a part of Heintzman's Addition and Kunstman's Addition, City of South Bend, Portage Township, St. Joseph County, Indiana. 0 40 80 160 Feet Document Path: I: \Projects\ Engineering\ Vacations\ CushingLincolnway \CushingLincolnway.mxd _0 tT v 2 LLB 0 J A m Cl) r r Y � 1Cl �. oo3m ahC) w C Z CV IM 5 ,Q O — N C rr V d' �4- msti O C m v� ci •%3 = c K (� 0 N 0) IL LL N Project No. Page No. Date ^O O w° ti coz kn NJ•6 _ -J N V -" U _° o m co Z o O N 018 -1028 -1260 430 GUSHING Lot 3 N CD 'T Z >,'/�� 018 -1028 -1261 G)0 :°- z 426 CUSHING ° hw Lot 3 -J co °n L�U • H T ro-3� N 2 J 06 018 -1028 -1262 V co Iv. o 4 CUSHING c C/) Lot 4 n C/) `r) 018- 1.028 -1263 420 CUSHING N Q Lot 5 Y ¢n 018- 1028 -1264 N C• C ^ J 420 CUSHING Lot 5 ° IR412 018 -1028 -1265 18 -1029 -1289 721 OAK CUSHING Lot 7 Lot 6 m NQCa Gay 018 -1028 -1266 N O o v ✓ F... CUSHING O ° J ■ N o n °' 018 -1028 -1267 n N p 731 OAK c o r 3 LEGAL DESCRIPTION: The alley to be vacated is the first North/South alley West of Cushing Street from Lincoln Way West to the first East/West alley for a distance of 193 feet and a width of 14 feet. Said alley being a part of Heintzman's Addition and Kunstman's Addition, City of South Bend, Portage Township, St. Joseph County, Indiana. 0 40 80 160 Feet Document Path: I: \Projects\ Engineering\ Vacations\ CushingLincolnway \CushingLincolnway.mxd _0 tT v 2 LLB 0 J A m Cl) r r Y � 1Cl �. oo3m ahC) w C Z CV IM 5 ,Q O — N C rr V d' �4- msti O C m v� ci •%3 = c K (� 0 N 0) IL LL N Project No. Page No. Date PIN Owner Name Owner Address 018 - 1055 -2345 South Bend Heritage 803 Lincolnway West Foundation INC South Bend, IN 46616 018 - 1055 -2346 South Bend Heritage 803 Lincolnway West Foundation INC South Bend, IN 46616 018- 1055 -2349 Lincolnway Mini Mart INC 705 Lincolnway West South Bend, IN 46616 018- 1029 -1285 Louie's Tux Shop 716 Lincolnway West South Bend, IN 46616 018 - 1029 -1293 Louie's Tux Shop 716 Lincolnway West South Bend, IN 46616 018 - 1029 -1291 Blake Bemis and Hardy Jr. and 719 West Oak Street David & Fred S and Robert E and South Bend, IN 46616 Walter A Pros Blake Louise Life Estate 018 - 1029 -1288 Anthony Sanders & Dwight 1030 West Jefferson Street Sanders Franklin, IN 46131 018 - 1029 -1289 Patricia Smith & Konsyln Smith 817 O'Brien Street JT W /FRGS South Bend, IN 46628 018 - 1029 -1290 Blake Bemis and Hardy Jr. and 721 West Oak Street David & Fred S and Robert E and South Bend, IN 46616 Walter A Pros Blake Louise Life Estate 018 - 1028 -1266 N/A N/A 018 - 1028 -1265 Lincoln Park Development LLC 724 West Washington Street South Bend, IN 46601 018 - 1028 -1264 Pierre Smith 310 South Kentucky Street South Bend, IN 46619 018 - 1028 -1263 Pierre Smith 310 South Kentucky Street South Bend, IN 46619 018 - 1028 -1267 Jesus Juarez & Francesca Juarez 731 West Oak Street South Bend, IN 46616 Filed in Clerk's Office MAR 0 9 2016 KAREEMAH FOWLER CITY CLERK, SOUTH SEND, IN 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 David Yontz, Attorney Dubin Singer, PC 123 N. Wacker Drive Chicago, IL 60606 CITY OF SOUTH BEND PETE BUTTIGIEG,; MAYOR BOARD OF PUBLIC WORKS November 10, 2015 PHONE 574/235 -9251 FAx 574/235-9171 RE: Alley Vacation — First North/South Alley South of Lincolnway West to -the First East/West Alley between Cushing St. and Scott St. (Preliminary Review) Dear Mr. Yontz:. The Board of Public Works, at its November 10, 2015 meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community Investment, Fire Department, Police Department, and the Solid Waste Division. The following comments and recommendations were: 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 subject to all aggrieved property owners being notified prior to the vacation. Please contact Tony Molnar at (574) 235 -9254 prior to picking up your radius map. You will need a radius map showing properties within 1.50' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Lin a M. Martin, Cl k Filed in Clerk's Office c: Federico Rodriguez, Fire Dept.. Tony Molnar, Engineering MAR 0 8 2016 Janice Talboom, City' Clerk's Office KAREERAAH FOWLER CITY CLERK, SOUTH REND, IN GARY A. GILOT DAVID P. RELOS ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU � ") h W-0-12 t', - wt. r �5l1:4Y' sag �kji a T+ JL� 1S 4 4 Ai..i • N Jc'� � e d' '1 N U h �! Q Q 40 �? -2 lb w _ 40 Q o'' lob .p Uj n� —Z si- .-- ,A- -- 3Ao oa et .94E •>I cv cl it �pp I/LIt, 0 I 6 u do.-Of - all pp 1 v N N W � � J 4 + 00 ° t" $ N W MN to q V M c h yea. D 0 Y_ v .�i O N /h y 00 U L N O f 2 ID •t its �� v N W d Io Q w ca d. uj azcci- I q' Cd 6 u do.-Of - all pp 1 v N N W � � J 4 + 00 ° t" $ N W MN to q V M c h yea. D 0 Y_ v .�i INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: DATE SENT: 10/1 Pete Kaminski, Street Department Mike Bronstetter, Solid Waste Corbitt Kerr, Engineering Department Jitin Kain, Community Investment Federico Rodriguez, Fire Department Larry Magliozzi, Area Plan Commission (lmagliozb- cost- joseph.in.us or 235 -9813 fax) Gene Eyster, Police Department FROM: Phil Griffin, NIPSCO (pm riffin0nisource.com) (FYI Only) Linda M. Martin, Clerk V_ SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION APPLICANT: David Younts Attorney /Dubin Singer LOCATION: First N/S Alley South of Lincolnway West to first E/W Alley between Cushing and Scott St. DATE DUE: FAX OR- E -MAIL TO: uctoDer zu, z015 235 -9171 / ImartinDsouthbendin nov PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36- 7 -3 =13 .__ - - - - -- 1. Thp vaacationivaul� would not hinder the growth or orderly developme it - f t /'Unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation- wea}d/would not make access to the lands of the aggrieved persc by means of public way difficult or inconvenient. 3. The vacation wemd /would not hinder the public's access to a. church, school or other public building or place. 4. The vacation wee} /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. COMMENTS: Matthew P.Chappuies, Planner Date Plan Commission 10/21/20 15 MAR CITY CLERK, SOUTH BEND, IN Elizabeth Horvath From: Eugene Eyster Sent: Tuesday, October 20, 2015 8 :38 AM To: Elizabeth Horvath Cc Pete Kaminski; Michael Bronstetter, Patrick C. Kerr; Jitin Kain; Federico Rodriguez; Larry Magliozzi Subject: Re: Alley Vacation - David Younts Attorney /Dubin Singer Ms. Horvath, The Police Department would give this request afavorable recommendation. Lt, Eyster Sent from my Wad On Oct 20, 2015, at 08:331 Elizabeth Horvath <lhorvathC@southbendin.eov> wrote: Please provide your recommendations. Ll✓ l ff Oi''1l1+ v Department of Public Works 227'W. Jefferson Blvd.,Suite 1316 South Bend, IN 46601 374 -235 -3168 Ihorvath@southbendin.gov <Alley Vacation - David Younts Attorney -Dubin Singer.pdfy Elizabeth Horvath From: Federico Rodriguez Sent Tuesday, October 20,2015'8:48 AM To: Elizabeth Horvath Subject: RE: Alley Vacation - David Younts Attorney /Dubin Singer Favorable SB.F.D Federico (Chico) Rodriguez Fire Marshal Office: (574) 235 -7564 04:0:) Mobile: (574) 876 -6734 1222 S. Michigan Street City of South Bend, In 46601 frodrigu @southbendin.gov From: Elizabeth Horvath Sent: Tuesday, October 20, 2015 8 :34 AM To: Pete Kaminski <pkaminsk @southbendin.gov >; Michael Bronstetter <mbronste @southbendin.gov >; Patrick C. Kerr <pckerr @southbendin.gov >; Jitin Kain <jkain @southbendin.gov >; Federico Rodriguez <frod rigu @south bendin.gov>; Larry Magliozzi <LMAGLIOZ @co.st joseph.in.us >; Eugene Eyster <eeyster @southbendin.gov> Subject: Alley Vacation - David Younts Attorney /Dubin Singer Please provide your recommetzdations. Secretary Department of Public Works 227 W. Jefferson Blvd.,Suite 1316 South Bend, IN 46601 574- 235 -3168 Ihorvath@southbendin.gov 1 Linda Martin From: Michael Divita Sent: Wednesday, October 21, 2015 12:28 PM To: Linda. Martin Cc: Atin Kain Subject: FW: Alley Vacation - David Younts Attorney /Dubin Singer Attachments. Alley Vacation - David Younts Attorney -Dubin Singer.pdf DCI recommends vacation of the alley near Lincolnway West and Cushing Street. Vacation of the alley would not appear to limit appropriate access (the alley is little used and does not have direct access to LWW), and its vacation would assist in creating a larger development site. The Lincolnway West frontage on both sides of this alley is owned by the same individual, The relationship between the petitioner and any of the adjoining property owners is unclear. I assume the petitioner is the attorney for one of the adjacent property owners or a contingent purchaser. *N� Michael Divita �0 s ` Planner Department of Community Investment sY�tt City of South Bend 227 W. Jefferson Blvd., Suite 1400S South Bend, IN 46601 (574);235 -5843 mdivitaftouthbendinxi From: Atin Kain Sent: Tuesday, October 20, 2015 3:48 PM To: Michael Divita <mdivita @southbendin,gov> Subject: FW: Alley Vacation - David Younts Attorney /Dubin Singer Mike- please review and forward your recommendation. Thanks, Jitin Jitin Kain M Director, Planning Department of Community Investment (574) 235 -5835 ikainCa southbendln.¢ov City of South Bend 227 W. Jefferson Blvd., Suite 1400 S. South Bend, IN 46601 ' "s Elizabeth Horvath From: Michael Bronstetter Sent: Wednesday, October 21, 2015 9:28 AM To: Elizabeth Horvath; Pete Kaminski; Patrick C: Kerr, Atin Kain; Federico Rodriguez; Larry Magiiozzi Eugene Eyster Subject: RE: Alley Vacation - David Younts Attorney /Dubin Singer Solid Waste sends a favorable request. This alley vacation will not, affect trash collection. Thanks, Mike. Bronstetter Manager Of Solid Waste Sent via the Samsung Galaxy Tab@ S, an AT &T 4G LTE tablet -- - - - - -- Original message -- - - - - -- From: Elizabeth Horvath <lhorvath @southbendin.gov> Date: 10 /20/2015 8 :33 AM (GMT- 05 :00) To: Pete Kaminski <pkaminsk @southbendin.gov >, Michael Bronstetter <mbronste@southbendin.gov >, "Patrick C. Kerr" <pekerr @southbendin.gov >, Jitin Kain <jkain @southbendin.gov >, Federico Rodriguez <frodrigu @southbendin.gov >, Larry Magliozzi <LMAGLIOZ @co.st. joseph.in.us>, Eugene Eyster <eeyster @southbendin.gov> Subject: Alley Vacation -David Younts Attomey/Dubin Singer Please provide your recommendations. Limey ffvrvaty Secretary DeparErnent of Public Works 227 W. Jefferson B1vd,Suite 1316 South Bend. IN 46601 574 - 235 -3168 Ihorvath @southbendin.gov Elizabeth Horvath From` Patrick C. Kerr Sent: Thursday, November 05, 2015 10:19 AM To: Elizabeth Horvath Subject: RE: Alley Vacation - David Younts Attorney /Dubin Singer No Objections From; Elizabeth Horvath - Sent: Tuesday, October 20, 2015 8:34 AM To: Pete Kaminski <pkaminsk @southbendin.gov >; Michael Bronstetter <mbronste @southbendin.gov >; Patrick C. Kerr <pckerr @south bendin.gov >; Jitin Kain <jkain @southbendin.gov >; Federico Rodriguez <frodrigu @southbendin.gov> Larry Magliozzi <LMAGLIOZ @co.st- joseph.in.us> Eugene Eyster<eeyster @southbendin.gov> Subject: Alley Vacation - David Younts Attorney /Dubin Singer Please provide your recommendations. L e y U&rvatr. Secmtay Department of Public Works 227 W. Jefferson 1vd.,Su to 1316 South Bend, 1N 46641 574- 235 -3168 lhorvath @southbendin.uov 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR PHONE 574/ 235 -7678 FAX 574/ 235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE March 3, 2016 Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4t" Floor South Bend, Indiana 46601 RE: March 2016 Transfer Ordinance Dear President Scott, 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 periodically throughout the year. For 2016, we plan to propose adjustments during four time periods— March, June, September and December. 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 11t reading on March 14, 2016 with 2nd reading, public hearing and 3rd reading scheduled for March 28, 2016. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574 - 235 -7678. Regards, Vim. Jo H. Murphy City Controller CC: Pete Buttigieg, Mayor James Mueller, Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney Jennifer Hockenhull, Deputy City Controller Filed in Clerk, s office CRYCLERk 4REEMAW I -OWL Excellence I Accountability I Innovation I Inclusion I Empowerment i9" 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 2016 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances #10388 -15 and 10389 -15 passed on October 12, 2015) 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 2016. 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 Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2016, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of o'clock . m. I st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Mayor, City of South , 2016, at Filed in Clerk's Office MAR � `� %(��� E KAREEMAH BOWLER CITY CLERK, :-SSOUTH BEND. IN Filed in Clerk's �ICe §f( \ § /q!§ KAREEUAH FOWLER CYCLERK, /\U SEND IN § E 2 - { 0 IL ] f\k R 3 k k = �0E \§ ) \§ ) 2 - § =E - n cc .E \ \ ° \\ ° \ \° ° k)\ & } /|C o m- � \} �2' ,n k[�) � t! 3§ 222 /q] �( } _ 0E k ■ ■z ; woo ) )\ .00 \ \ \\ �f /\ j \ \\ \ \\ \\\\ / )k it ! � | (#Q. { ! !a §» ) {k CL ((k §k\\ \z \ \\ t§f§ ) 0 )} ))) k))) § ) /ƒƒ #\ 500 Filed in Clerk's �ICe §f( \ § /q!§ KAREEUAH FOWLER CYCLERK, /\U SEND IN § E 2 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR PHONE 574/ 235 -7678 FAX 574/ 235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE March 3, 2016 Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: March 2016 Appropriation Ordinance – Civil City Funds Dear President Scott, 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 periodically throughout the year. For 2016, we plan to propose adjustments during four time periods— March, June, September 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 14, 2016 with 2nd reading, public hearing and 3rd reading scheduled for March 28, 2016. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574 - 235 -7678. Regards, r1% tA J n H. Murphy City Controller CC: Pete Buttigieg, Mayor James Mueller, Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney Jennifer Hockenhull, Deputy City Controller Filed in Clerk's Off c+ e MAR 082016 MA f=�RNi: H My CLERK Th Excellence I Accountability I Innovation I Inclusion I Empowerment X] 90110raZto R 1►[63 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2016 OF $25,000 FROM GENERAL FUND ( #101), $587,022 FROM DCI STATE GRANTS FUND ( #210), $926,497 FROM UNSAFE BUILDING FUND ( #219), $17,500 FROM CENTRAL SERVICES FUND (#222),$22,000 FROM COVELESKI NON REVERTING CAPITAL FUND ( #401) AND $29,300 FROM COUNTY OPTION INCOME TAX FUND ( #404). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2016 operating and capital budgets in 2015 (Ordinances #10388 -15 passed on October 12, 2015) 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 2016 and set apart within the following designated funds for expenditures as follows: Fund Amount General Fund ( #101) $ 25,000 DCI State Grant Fund ( #210) 587,022 Unsafe Building Fund ( #219) 926,497 Central Services Fund ( #222) 17,500 Coveleski Non Reverting Capital Fund ( #401) 22,000 County Option Income Tax ( #404) 29,300 TOTAL 11 6��07 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2016 at o'clock . m. Deputy City Clerk Approved and signed by me on the day of o'clock . m. 10 READING PUBLIC HEARR- '_ 3 rd READING NOT APPROVED REFERRED PASSED ,2016 at Mayor, City of South Bend, Indiana Filed in Clerk's Office hi,� 2016 KAREEMAH FOWLER CITY CLERK, SOUTH SEND, IN Filed in Clerk's Office r,, " i, ; ?016 �'+rowrww.mws.m CITY CLIrd^ ;'SEND, IN C N OI 0 O O m E o o E - o m` oni N � m o a > � m m d m oomcom ° T 0 0 0 0 0 N N N N N E .� II II II G C O J J ° ¢ _ T 0 0 a R O g R C7 mwHm� J x '° e N w o 0 0 0 o a c o d m N W E m m m J J m m J J c m Y U = II C II E C C E E C C J m U m LLLLLL LLLL Na 'N C d .� i K c c c c c s Q LL m m m Co m p1 c mmmmm m� 3 0 °- ° .D o o 0 0 .2 r W m m m m m a m of m ° II II II II c o-2 3 U U U U U m °m - o E E E E E o II t c R 0 �rww 0 0 22 yE o a m m m m m m c C R E .oanJ aJa oo d U O LL w y c c 'E 'E c E � E ' O U o m o > m R u� O c 'c V i m oc mmmmR .0o d .¢ o N Mo�°von o000 0 o m tV'� C m N N N O O N O O 000)(m O Od)O� W tI O N Nn W O N-i O O O M th R N¢ R h n O W M m V O M M n N n to � � c v C O � d O O W O W O r O O O �� N � M M M M M M M M M M M M R N VC D 0£ v o vvggv �' Y E O O U= Q Z O t m o O O O O O c�+�i+vici O O C o O �2! W V ` Q O O O l 6 T N N N V mmmmm YYY p•� o ° E E E E E d m ti OZ U �o F F P -r c c C_ U R R R R R mo ° ° wamamamam 0 o u. U F Ul (o U) U) U) m E v m U ._ R Z m � N ... m Z m U m m R N d C C o ° tq U c c a d E m m '� - E E�mm R m o o m m J m J a O N —o W N R .10 LL U � m a` o min( m 000 a� O c m E E m EEEEE m m m E o. z o` o 0 ` o `o m m m m O W c W W c `c W W m m m m m y R R m �+- U C) o UUUUU 0 0 o o m m UUU m `R a o U m U Ec R Z C C G C C m J LL J J LL LL J J LL > C c C;f `oa =. aa as '. Z i W Co mm mm (nm(A Y m ='• w m w m ~ umi umi UUU o OU Filed in Clerk's Office r,, " i, ; ?016 �'+rowrww.mws.m CITY CLIrd^ ;'SEND, IN