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HomeMy WebLinkAbout04-25-16 Common Council Packet and AgendaSOUTH BEND COMMON COUNCIL MEETING AGENDA. Monday, April 25, 2016 7:00 P.M. 1. INVOCATION - RABBI MICHAEL FRIEDLAND, SINAI SYNAGOGUE 2. PLEDGE. TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS BILL NO. 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE TIME: BILL NO. 09 -16 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 6, FOR 22027 STATE ROAD 23, SOUTH BEND, INDIANA 13 -16 PUBLIC HEARING 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. I IN THE CITY OF SOUTH BEND, INDIANA 07 -16 PUBLIC HEARING 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 8. BILLS ON THIRD READING TIME: BILL NO. 07 -16 THIRD 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 13 -16 THIRD 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 9. RESOLUTIONS BILL NO. 15 -106 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 1915 BENDIX DRIVE, SOUTH BEND, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (2) TWO -YEAR VACANT BUILDING TAX ABATEMENT FOR APPLETREE ASSOCIATES, LP 16 -35 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PROPERTY TAX RE- ASSESSMENT INTERLOCAL AGREEMENT 16 -36 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN PORTAGE TOWNSHIP (CATALDO ANNEXATION AREA) 16 -37 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA IN SUPPORT OF REDISTRICTING REFORM FOR INDIANA 16 -39 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A DATE AND LOCATION FOR THE FORMAL RETIREMENT CEREMONY OF THE SOUTH BEND CITY FLAG TO A PLACE OF HONOR 2 16 -40 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 3605 W. CLEVELAND RD, SOUTH BEND, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR: FEDERAL -MOGUL POWERTRAIN, LLC 16 -41 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 4004 TECHNOLOGY DRIVE, SOUTH BEND, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR: THE LEBERMUTH COMPANY, INC. 16 -44 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALER/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2016 PURSUANT TO SECTION 4 -51 OF THE SOUTH BEND MUNICIPAL CODE 16 -45 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ADVISORY SPECIAL COMMITTEE'S RECOMMENDATIONS ADDRESSING ELBEL GOLF COURSE AS A SHORT AND LONG -TERM ASSET OF THE CITY OF SOUTH BEND, INDIANA 16 -46 A RESOLUTION TO ESTABLISH A 9- MEMBER ADVISORY SPECIAL COMMITTEE TO STUDY AND RECOMMEND ALL REASONABLE AND VIABLE OPTIONS FOR MULTIPLE OFF LEASH DOG PARKS TO BE LOCATED IN THE CITY SOUTH BEND, INDIANA 10. BILLS ON FIRST READING BILL NO. 23 -16 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS CHAPTER 17, ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE NEW RULES AND REGULATIONS FOR ASSESSMENT OF INSTALLATION CHARGES 11. UNFINISHED BUSINESS BILL NO. 16 -38 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 2926 -3302 WEST SAMPLE STREET SOUTH BEND, IN 46628 PENDING INACTIVE /DORMANT BILLS 22 -96 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF RUSKIN STREET (BETWEEN ROBERTS & EMERSON STREETS) IN THE CITY OF SOUTH BEND, INDIANA 46615 38 -96 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 601 BLAINE AVE IN THE CITY OF SOUTH BEND, INDIANA 33 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN PORTAGE TOWNSHIP CONTIGUOUS THEREWITH; (RAITT CORPORATION, AN INDIANA CORPORATION) (22,500 BLOCK OF S.R. #23, SOUTH BEND, INDIANA 46619) 72 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1314 CALIFORNIA AVE. IN THE CITY OF SOUTH BEND, INDIANA 68 -05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, RICHARD & MARSHA PULLIN AND SHIRLEY COMBS APPROXIMATELY 200 FEET EAST OF THE NORTHEAST CORNER OF S.R. #23 AND MCERLAIN STREET, SOUTH BEND, INDIANA 08 -08 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY BETWEEN 3515 MCKINLEY AVENUE AND APPROXIMATELY 125 FEET EAST OF PRESTON DRIVE, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 70 -10 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 101 NORTH KENMORE STREET, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 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. OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK MEMORANDUM T0: MEMBERS OF THE COMMON COUNCIL FROM: KAREEMAH FOWLER, CITY CLERK DATE: APRIL 21, 2016 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for MONDAY, APRIL 25, 2016 at: Council Informal Meeting Room 4t' Floor County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 3:30 P.M. ZONING & ANNEXATION OLIVER J. DAVIS, CHAIRPERSON 1. Bill No. 13 -16- Rezoning for property at Cushing & Lincoln Way West (Family Dollar) 2. Bill No. 16 -36- Resolution adopting a fiscal plan for the Cataldo Annexation Area 3. Bill No. 09 -16- Annexation and Rezoning for property at 22027 State Road 23, South Bend, Indiana ( Cataldo Annexation Area) 3:50 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. Bill No. 15 -106- Designating a two year tax abatement for Appletree Associates, LP (1915 Bendix Dr.) 2. Bill No. 16 -40- Designating a five year personal property tax abatement for Federal Mogul 3. Bill No. 16 -41- Designating a five year personal property tax abatement for Lebermuth Co. 4:15 P.M. HEALTH & PUBLIC SAFETY JOHN VOORDE, CHAIRPERSON 1. Bill No. 16 -44- Approving the Issuance Of Scrap Metal Licenses for Calendar Year 2016 2. Bill No. 16 -46- Off Leash Dog Park Special Committee Proposal 4:40 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON 1. Bill No. 16 -35- Approving a property tax re- assessment interlocal agreement 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.jaov JENNIFER M. COFFMAN ALKEYNA M. ALDRIDGE CHIEF DEPUTY DEPUTY CLERK EMILY SEXTON CHIEF OF STAFF DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK 4:55 P.M. PARC COMMITTEE RANDY KELLY, CHAIRPERSON 1. Bill No. 16 -45- Special Elbel Advisory Committee Recommendations 2. Aaron Perri, Dept. of Parks & Recreation Update 5:35 P.M. COMMUNITY RELATIONS REGINA WILLIAMS PRESTON, CHAIRPERSON 1. Bill No. 16 -37- Supporting Redistricting Reform 2. Bill No. 07 -167 City Flag 3. Bill No. 16 -39- City Flag Retirement Ceremony Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Community Relations Committee. 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 N �S -UT I! 8E: F U Cr 2016 COMMON COUNCIL STANDING COMMITTEES (Re,. 0 1 -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 � 4govra,p��o\ 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 0 1865 ., 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. Memher RANDY KELLY, 3rd District Council Member PARC Committee, Chairperson Community Relations Committee, Vice Chairperson JO BRODEN, 4TH District Council Member Public Works & Property Vacation, Chairperson Residential Neighborhood Committee, Vice - Chairperson Community Investment Committee, Member Public Works & Property Vacation, Member Utilities Committee, Member Council Rules Committee, Member Health & Public Safety Committee, Member Zoning & Annexation Committee, Member DR. DAVID VARNER, 511 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 Community Investment Committee, Chairperson Community Relations Committee, Member 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 Bill No. 09 -16 LAWRENCE P. MAGLIOZZI L SI.CIt I IV DI it LC'FUR Angela M. Smith 11,1-4q D:..•1-.1a1 AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 \ \'. JEFFERSON BLVD., ROOM 11 +0 COLIN "FY -CITY BUILDING. SOUTH BEND, INDIANA +6601 (57 4) 233 -9371 February 3, 2016 South Bend Common Council 4`" Floor, County -City Building South Bend, IN 46601 RE: APC #2744 -16 — Rezoning and annexation for 22027 S.R. 23 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 February 8 Council meeting, and set it for public hearing at your April 11 Council meeting. The petition is tentatively scheduled for public hearing at the March 15 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 ~Filed i� Clerk's Office FFEB F132016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND WW W. S T J O. S E P M C O U N T Y I NO i ANA. CO M/ A R E A PLAN 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, SOUTHBB:ND, INDIANA 46601 (>74) 235.9571 April 20, 2016 South Bend Common Council 4U' Floor, County -City Building South Bend, IN 46601 RE: Bill #09 -16 Rezoning: 22027 State Road 23 Dear Council Members: The Area Plan Commission held a public hearing on April 19, 2016 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, April 25, 2016. Ordinance & Petition Amendments: None Public Hearing Summary: There was no one present to speak in favor or against the petition. If you have any further questions, please feel free to contact me at (574) 235 -9571. Sincerely, Matthew C puies Planner CC: Kathleen Cekanski - Farrand Filed in C1er- 11 ` , s office APR 20 2016 CITY KAREEMA14 F?)VVLER .Ct SCUT SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W W W. S T/ O S E P H C O U N T Y I N D I A N A. C O MIA R E A PLAN LAWRENCE P. MAGLIOZZI F.XFCUTIVE DIRECTOR Angela M. Smith Dcpucy Dir —tor AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN Wednesd. JEF rtlO O,B GVODl.6 ROOM 1140 COUNTY -CITY BUILDING, SOUTH REND, INDIANA 46601 (i74) 135 -9571 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of Bruno & Rosa Cataldo to zone from A: Agricultural District (County) to CB Community Business District (City), property located at 22027 State Road 23, City of South Bend - APC# 2774 -16. Dear Council Members: I hereby Certify that the above referenced ordinance of Bruno & Rosa Cataldo was legally advertised on Thursday, April 07, 2016 and that the Area Plan Commission at its public hearing on Tuesday, April 19, 2016 took the following action: Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried, the proposed ordinance of Bruno & Rosa Cataldo to zone from A: Agricultural District (County) to CB Community Business District (City), property located at 22027 State Road 23, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Rezoning this property to CB Community Business District will provide a logical connection between the industrial property to the east and the commercial node at the intersection of State Road 23 and the U.S. 31 bypass. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely Lawrence P. Magliozzi Attachment CC: Bruno & Rosa Cataldo Abonmarche Consultants, Inc. Filed in Cler';'s Once APR 2 01016 r 1Tv r ! 1`i. ^70LJI -Li SEND, IN l SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA 8, ROSELAND WWW.STJOSE PHC 0 U NT Y IND I ANA. CO M/ ARE APLAN ORDINANCE NO. AN ORDINANCE OF THE COMMON - COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRCIT NO. 6, FOR 22027 STATE ROAD 23, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONER SEEKING TO ANNEX AND REZONE PROPERTY FROM A: AGRICULTURAL DISTRICT IN UNICORPORATED ST. JOSEPH COUNTY TO CB COMMUNITY BUSINESS DISTRICT WITHIN THE CITY OF SOUTH BEND FOR A GAS STATION, CONVENIENCE STORE, AND CB USES. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one -eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 2 EAST, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 21, 421.68 FEET NORTH OF THE CENTERLINE OF STATE ROAD 23; THENCE SOUTH 88 °24' WEST, 768.80 FEET; THENCE SOUTH, 795.81 FEET TO THE NORTHWESTERLY RIGHT -OF -WAY LINE OF STATE ROAD 23; THENCE SOUTHEASTERLY, 175 FEET, MORE OR LESS TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY OF STATE ROAD 23; THENCE NORTHEASTERLY ALONG SAID SOUTHERLY RIGHT -OF -WAY, 794 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF SAID EAST HALF; THENCE NORTH ALONG SAID EAST LINE, 470 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 12.8 ACRES, MORE OR LESS AND SUBJECT TO EASEMENTS, COVENANTS, AND RIGHT -OF -WAY OF RECORD. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as part of the City of South Bend, Indiana. SECTION Ill. Ordinance No. 9495 -04, as amended which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the above described real estate, with the exception of all adjacent right -of -ways, in the City of South Bend, St. Joseph County, Indiana be and the same is hereby established as CB COMMUNITY BUSINESS DISTRICT, provided, however, that the required established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days 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 pUv 1�1C; "i s` ":OVED \SSED City Clerk day of , 2 , at Mayor, City of South Bend, Indiana r---- Filed in Clerk's Office FEB 0 3 E KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Staff Report 4/7/2016 APC # 2774 -16 Owner: Bruno & Rosa Cataldo Location: 22027 State Road 23 Jurisdiction: City of South Bend Public Hearing Date: 4/19/2016 Requested Action: The petitioner is requesting a zone change from A: Agricultural District (County) to CB Community Business District (City). Land Uses and Zoning: On site: On site is a single family home and an accessory building. North: To the north is an agricultural field zoned A: Agricultural District in the County. East: To the east is a single family home zoned A: Agricultural District in the County. South: To the south across S.R. 23 are vacant lots zoned SF1 Single Family & Two Family District in the City of South Bend. West: To the west are agricultural fields zoned A: Agricultural District and a mini - warehousing facility zoned C: Commercial District in the County. District Uses and Development Standards: The CB - Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Developments within the CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby residential districts. Site Plan Description: The site plan shows a proposed integrated commercial center on 9.7 acres, including a gas station with convenience store, two drive - through restaurants, and four spec - buildings with a cumulative 60,000 square feet of commercial space. A total of 402 parking spaces are shown on the lot. The northwest corner of the site is reserved for a retention basin. Three access points are proposed along S.R. 23, which will require INDOT approval. Zoning and Land Use History And Trends: This site has been zoned Agricultural since prior to 1979. In 2000, the property to the west was rezoned to C Commercial District for mini- storage warehouses. Traffic and Transportation Considerations: S.R. 23 has two lanes that split in to 4 lanes near the west end of the property. Utilities: The site will be extending and connecting to municipal sewer and water. Agency Comments: The County Surveyor recommends approval. The City Engineer recommends approval subject to the developer extending water and sewer to the site and installing curb and APC # 2774 -16 Page 1 of 2 Staff Report 4/7/2016 sidewalk along S.R. 23. Department of Community Investment recommends approval subject to the utilization of complete streets principles (bike /ped connectivity). INDOT will require a traffic impact study to be completed at the developer's expense prior to issuance of curb cuts. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -74-603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006): Objective ED 8: Promote economic development efforts that expand the property tax base. Land Use Plan: The future land use map identifies this area for industrial growth. Plan Implementation /Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: The south side of S.R. 23 between the U.S. 31 Bypass and Kaley Street has developed with both multi family and single family homes on large lots. The north side has seen industrial development east of New Energy Drive since 1996, and commercial development in the form of a construction office and mini - warehousing between 1999 -2000. 3. Most Desirable Use: The most desirable use for this site is one that is compatible with this developing commercial node. 4. Conservation of Property Values: With the proper buffering, surrounding properties should not be adversely affected by the development of this site as a commercial center. 5. Responsible Development And Growth: It is responsible development and growth for this property to be zoned commercial to serve motorists from the bypass and any future development to the south. Staff Comments: This site is currently being annexed into the City of South Bend. Recommendation: Based on information available prior to the public hearing, staff recommends this petition be sent to the Common Council with a favorable recommendation. Analysis: Rezoning this property to CB Community Business District will provide a logical connection between the industrial property to the east and the commercial node at the intersection of State Road 23 and the U.S. 31 bypass. APC # 2774 -16 Page 2 of 2 t 1 t;f tf p +.Y sPe sr �s z� °5��' �z� ' � � ��%��* yam` r.' `� �'3n�i .f¢ �'• ���� ��,, `��,,�y .. -a- u.� I ��.ye �MY�� ✓}'''S *.l, i'��Y ,/� ��� , �." fiti r , �.,� r t � ,� 4 k �'%`r'+ �. t L � � ,�y, .-- �`` r.nt y���.t{�✓ �u*r4 Z^'y� � �t, t r �.t r 1 �' r14 f�S'y, ,r7` c y g '� � ,t , ,c 'L s rr � � �� i`t kz� '� } +xw •5 �'. e�3y ry. t c: Y g ls` E y ,LtGSx te�ti tJ"� x,t ���5 ���4+�+y�., 'v�KF iC} ,- ww'.7ol P , % \rL '�''.<r� � -. '�*,'. t r�5 kL } . .' r .� rt �.f�•� YY� L�: �;�� � -�C ,•r?^ry w.��y'�� �C .. � sr ' ✓54,x,1..._ '`S, vS..�Fis' f .��^',< � +X` `y� -d �a�,3. � rr ry'tsl`� =` a jf Y rr - �* 4 r s�J y Z *r r' ?'1 3aJ ! L� ' �'3g` ' � a. ' ', � -.F,r � 3tn `*.. .§• ry z �., 5 i (F •_ .� �`�"r}�tY T'.±7i ,° L � �� 5,,`�f..s - �. yyz � z'?4. dt� y � ''P����_ ~��i :�4� r_t �� a;ii�����• ������ �;�,� y " �' � ��'4� t �'G��} °r',t R~��r�� �rk�� � ,Y Rezoning from: ST. JOSEPH COUNTY "A" AG RI CU LTU RAIL D ISTRICT to "CB" COMMUNITY BUSINESS DISTRICT MASTER ZONING KEY COUNTY "A "AGRICULTURAL DISTRICT COUNTY "R" SINGLE FAMILY DISTRICT COUNTY "C" COMMERCIAL DISTRICT SOUTH BEND "SF1" SINGLE FAMILY AND TWO FAM ILY DISTRICT SOUTH BEND "LI " LIGHT INDUSTRIAL DISTRICT N W E s 1 inch = 400 feet ARC # 2774 -16 tiOgO� `OO MFOf yi 'a1gNF10ilFIAW uwaorauasaoa madoodomm NlrF1 � � 10 E_ - N .......... bf it na•ilt r, 'ia. ��� I .f N O FN Y pig $g NlrF1 � � 10 E_ - N .......... bf it na•ilt r, 'ia. ��� I .f N O FN Y PETITION FOR ANNEXATION AND ZONE MAP AMENDMENT City , 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: 22027 State Road 23 South Bend, IN 46619 2) The property Tax Key Number(s) is /are: 017- 1012 -0310 3) Legal Descriptions: E Ne Ex S Of Hwy & Ex Ne Cor & Ex Pt Sold Cont 10,4c More Or Less Sec 2137 2e 4) Total Site Area: 9.67 acres +/- 5) Name and address of property owner(s) of the petition site: Bruno Cataldo and Rosa Cataldo 22027 Liberty Highway(SR 23) South Bend, I7V46619 574- 532 -0762 johnbrunospizza@gmaii.com Name and address of additional property owners, if applicable: N/A 6) Name and address of contingent purchaser(s), if applicable: N /A" Name and address of additional property owners, if applicable: N/A 7) It is desired and requested that this property be rezoned: From: A: Agricultural District (County) Additional zoning district, if applicable To: CB Community Business District . S) This rezoning is requested to allow the following use(s): Gas Station with C -Store and Community Business Uses IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section): 1) List each variance being requested. Contact Commission Staff if you need assistance. 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: N14 (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: N/A (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: N/A i IF A SPECIAL USE IS BEING REQUESTED, (if not, please skip to next section): 1) A detailed description and purpose of the Special Use(s) being requested: None 2) A statement on how each of the following standards for the granting of a Special 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: N/A (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: N/A (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. N/A * In the case of a Special Use, the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Brian McMorrow Abonmarche Consultants, Inc. - 750 Lincoln Way last South Bend, IN 46601 574- 232 -8700 ext 22 bmcmorrow @abonmarche.com 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. Signatujrree(s),�of all property owner(s), of Attorney for all property owner(s): 1'`o' �r, ATTACHMENT - PETITION FOR ZONE MAP AMENDMENT and ANNEXATION 22027 LIBERTY HIGHWAY (SR 23) - PARCEL NO. 017- 1012 - --0310 (9.67 ACRES + / -) (a) The proposed zone change will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare because: a. Local ordinances regulate the development of real property and the use of property in manner which is consistent with sound planning and design principles and in a harmoniums way with its neighbors. The City will have an opportunity to review detailed designs at the time an application is made for site plan approval. (b) The proposed zone change will not injure or adversely affect the use of the adjacent area or property values therein because: a. The area is about to evolve from rural and agricultural in character to one that is economically vibrant. (c) The proposed zone change will be consistent with the character of the district in which it is located and the land uses authorized therein because: a. The proposed uses are compatible with adjacent industrial uses along New Energy Drive and the new economic real estate development being planned by the Pokagon Band of Potawatomi Indians and supported by the City of South Bend Common Council on April 13, 2015 (Resolution No. 15 -22). (d) The proposed zone change is compatible with the recommendations of the City of South Bend Comprehensive Plan because: a. The Plan recognized that there was untapped land capacity available for development in areas just outside the city limits (Map 3.2, page 21). b. The Plan recognized that the Southwest Quadrant had already seen development for economic activity on lands formerly agricultural land like (page 24) and, as illustrated on Map 3.2, the conversion of the subject property from agricultural land to developed land was envisioned. F: \Projects \2015 Projects \15 -0964 Cataldo 22027 SR 23 Rezone Annex \Permits \Rezoning Petition Department of I� =r►: Community Investment lY6S Memorandum Monday, February 1, 2016 TO: Mike Bronstetter, Environmental Services (Solid Waste) Aladean DeRose, Legal Ed Herman, Water Works Corbitt Kerr, Engineering Larry Magliozzi, Area Plan Commission E in Clerk's Office John Murphy, Administration & Finance Federico Rodriguez, Fire Lt. Christopher Voros, Police 12016 Randy Wilkerson, Code Enforcement FROM: Michael Divita, Planner 6EMAHFOWLER SUBJECT: Request for Service Reports RK, SOUTH BEND, IN Cataldo Annexation Area (100% Voluntary Annexation of Contiguous Property) A petition for voluntary annexation of the Cataldo Annexation Area has been received by the City and will receive First Reading on February 8, 2016. The proposed Annexation Area consists of one parcel (22027 Liberty Highway /State Road 23) and adjacent right -of -way totaling 12.8 acres and is located on the northwest side of State Road 23 northeast of the St. Joseph Valley Parkway. The area currently contains one house on a large wooded lot and is zoned agricultural in the County. With the annexation, the petitioner seeks rezoning to "CB" Community Business District to permit a gas station with a convenience store and other commercial uses. Please complete the Service Report addressing how your Department will or can provide City services to the proposed Annexation Area, and return it to me by February 10, 2016. This deadline must be met so that the Legal Department can prepare the necessary resolutions in time to be considered by the Board of Public Works and the Board of Public Safety. Afact sheet, map, and an annexation schedule are attached to assist you in your review. If you have any questions, please contact me at 235 -5843 or mdivita @southbendin.gov. cc: Mayor Pete Buttigieg James Mueller, Chief of Staff, Office of the Mayor Members, South Bend Common Council Kathy Cekanski=Farrand, Attorney for the Common Council Scott Ford, Executive Director, Community Investment Kareemah Fowler, City Clerk Alkeyna Aldridge, Deputy City Clerk John McNamara, County Surveyor I SOUTHBENDIN.GOV INITIAL REVIEW FACT SHEET 100% VOLUNTARY ANNEXATION Cataldo Annexation Area Portage Township Prepared February 2016 A. Annexation Criteria (Minimum) Analysis Criteria Met? 1. Contiguity: At least 1/8 (12.5 %) 28.8% Yes and 22027 Liberty Highway (State Road 23) 2. 100% of owners signed petition 100% Yes and None 3. a. essential City services are /can be provided Yes b. City is able to provide services Yes c. territory is contiguous Yes B. General Location: Northwest of State Road 23, about 1500' northeast of the St. Joseph Valley Parkway Address(es): 22027 Liberty Highway (State Road 23) Tax Key Number(s): 17 -1012 -0310 Subdivision(s) of Record: None Acres: 12.8 Current Net Assessment: $189,100 Current Population: Unknown Proposed Population: 0 Current Land Use: Single - Family Residential Proposed Land Use: Gas Station with Convenience Store, Other Commercial Current Zoning: "A" Agricultural District, St. Joseph County Proposed Zoning: "CB" Community Business District, City of South Bend Council District: 6th Council District Scheduled Effective Date: June 5, 2016 Comments: Proposed Annexation Area includes the adjacent portion of the State Road 23 right -of -way. Legal Description A part of the East Half of the Northeast Quarter of Section 21, Township 37 North, Range 2 East, described as follows: Beginning at a point on the East Line of the East Half of the Northeast Quarter of Section 21, 421.68 feet North of the Centerline of State Road 23; thence South 88 ° 24' West, 768.80 feet; thence South, 795.81 feet to the Northwesterly right -of -way line of State Road 23; thence Southeasterly, 175 feet, more or less to a point on the Southerly right -of -way of State Road 23; thence Northeasterly along said Southerly right- of-way, 794 feet, more or less, to a point on the East Line of Said East Half; thence North along Said East Line, 470 feet, more or less, to the point of beginning, containing 12.8 acres, more or less and subject to easements, covenants, and right -of -way of record. Proposed Schedule for Cateldo Annexation Area Fiscal Plan Request Sent 2/1/16 File Date . 2/3/16 Council 1st Reading 2/8/16 Fiscal Plan Request Due 2/10/16 Fiscal Plan Done 2/24/16 Board of Public Works Agenda Session 3/3/16 Board of Public Works Hearing 3/8/16 Area Plan Commission Public Hearing 3/15/16 Board of Public Safety 3/16/16 Council Advertisement 3/18/16 Fiscal Plan Resolution to Clerk 4/6/16 Council 2nd Reading 4/11/16 Council 3rd Reading 4/25/16 Ordinance Advertised 5/6/16 Appeal Period Start 5/6/16 Appeal Period End 6/5/16 n E: r a N� e O1 BITE DEVELOPMENT CMAIDO pRQpERiY PLAN 22027=URChADUMW N OMOFSODUMMM N R Joswu co, l A M� lit ■£ ® I z - ■� ■ _ \ � #W ! � #& ��`, | q' w 9 - ■! ! � � ! | ||■ `| | *■ � ` � ■ a$I '| | |— SITE o ■o,� ��� �� Z. PLAN _, RATE _■U _ CRY OF \ � 9 � ■ �f _ | f� ■ : ': |!| || ! | #' | |- � ! .■ I � lit ■£ ® I z - ■� ■ _ \ � #W ! � #& ��`, | q' w 9 - ■! ! � � ! | ||■ `| | *■ � ` � ■ a$I '| | |— SITE o ■o,� ��� �� Z. PLAN _, RATE _■U _ CRY OF \ � Bill No. 13 -16 LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith. Deputy Director PAPRE�A7PLLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 23S -9571 March 8, 2016 South Bend Common Council 41 Floor, County -City Building South Bend, IN 46601 RE: APC #277416- 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 ApW 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, 5� Matthew P. Chappuies Planner CC: Kathy Cekanski- Farrand Filed in Clerk's Office MAR 0 9 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA i ROSELAND W W W. STJOSE PH CO U NTYI NO I ANA. CON lA R EAPL AN 119 'I,- 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 April 20, 2016 South Bend Common Council 4t' Floor, County -City Building South Bend, IN 46601 RE: Bill # 13 -16 Rezoning: 424, 426, 430 Cushing Street and 726, 736 Lincolnway West Dear Council Members: The Area Plan Commission held a public hearing on April 19, 2016 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, April 25, 2016. Ordinance & Petition Amendments: None Public Hearine Summary: There was 1 person that spoke in favor to the proposed rezoning. Michael Divita from the Department of Community Investment spoke in support of the project and encouraged the petitioner to develop the design of the building in compliance with the West Side Main Streets design standards. If you have any further questions, please feel free to contact meat (574) 235 -9571. Sincere atthew Cha ies Planner CC: Kathleen Cekanski- Farrand Filed in Clerk's Office APR 2 0 2016 KAREEMAH FbWLER IYCLERK, SOUTH BFNI'). IN SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND WWW.STJOSEPH CO U NTT IND IANA.0 OM /AREAPLAN LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN Ap_ffMv20MERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (S74) 235 -9571 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Wadad El- Ammori, George Kalafat, and Lincoln Park Development LLC to zone from CB Community Business District and SF2 Single Family & Two Family District to MU Mixed Use District, property located at 424, 426,430 Cushing Street and 726, 736 Lincolnway West, City of South Bend - APC# 2776 -16. Dear Council Members: I hereby Certify that the above referenced ordinance of Wadad El- Ammori and George Kalafat and Lincoln Park Development, LLC was legally advertised on Thursday, April 07, 2016 and that the Area Plan Commission at its public hearing on Tuesday, April 19, 2016 took the following action: Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried, the proposed ordinance of Wadad El- Ammori, George Kalafat, and Lincoln Park Development LLC to zone from CB Community Business District and SF2 Single Family & Two Family District to MU Mixed Use District, property located at 424, 426, 430 Cushing Street and 726, 736 Lincolnway West, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. The rezoning of this site, along with the proposed alley vacation, will create a larger, cohesively zoned parcel ideal for development. The proposed retail store will eliminate what are currently vacant lots, and provide goods to neighborhood residents. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, '_� (D %' Lawrence P. Magliozzi Attachment CC: Wadad El- Ammori George Kalafat Lincoln Park Development, LLC Dubin Singer PC, Attn: David Yontz Fled in Clark's Office - -I 1 LE APR 2 0 2016 4 rl . R CITY (`#- 1'iC. ,r?t i ..i j rr ?:i , im s SERVING ST, JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND WWW.STJOSEPH COUNTY IND I ANA. CO M/A REAPLAN 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. 191 READM PUBUC HEARING s rd READING NOT APPROVED REFERRED . DAtSED City Clerk day of , 2 , at Mayor, City of South Bend, Indiana Filed in Clerk's Office MAR 0 9 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Staff Report 4/7/2016 APC # 2776 -16 Owner: Wadad E1- Ammori Location: 424; 426; 430 Cushing. Street and 726, 736 Lincolnway West Jurisdiction: City of South Bend Public Hearing Date: 4/19/2016 Requested Action: The petitioner is requesting a zone change from S172 Single Family & Two Family District and CB Community Business District to MU Mixed Use District. Land Uses and Zoning: On site: On site is a vacant parking lot. North: To the north across Lincolnway West is a bank and a gas station zoned LB Local Business District. East: To the east is a retail. store.zoned CB Community Business District. South: To the south are vacant lots zoned SF2 Single Family &Two Family District. West: To the west across Cushing Street is the South Bend Heritage Foundation zoned MU Mixed Use District and a single family home Zoned SF2 Single Family & Two Family District. District Uses and Development Standards: The MU Mixed Use District is established to promote the development of the a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed -use buildings. The development standards in this district are designed to: encourage a pedestrian oriented design throughout the district; and, maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. Site Plan Description: The site plan shows an 8,225 square foot retail building situated on the northwest corner of this 0.9 acre site. Access to the 30 -space parking lot is proposed from both Cushing Street and Lincolnway. An alley divides the Iot at this time, but is proposed to be vacated. Zoning and Land Use History And Trends: A portion of the site, known as 426 Cushing Street was rezoned from CB Community Business District to SF2 Single Family & Two Family District in 2011 for a single family home, which was never built. Traffic and Transportation Considerations: Cushing Street has two lanes. Lincolnway West has two lanes and a center turn lane, along with on- street parking adjacent to the site. Utilities: This site will be served by municipal sewer and water. APC # 2776 -16 Page 1 of 3 Staff.Reoort 4/7/2016 Agency Comments: County Surveyor recommends approval. City Engineer recommends approval, subject to review and approval of engineering plans for drainage, water, sewer, and other I n improvements on site. Department of Community Investment recommends approval, but recommends that Smart- Streets principles be used to enhance the site, and the facade be constructed according to the West Side Main Streets Design Guidelines. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7- 4-603: 1. Comprehensive Plan: Policy Plan: The petition is consistent.with the West Side Main Streets Plan (2014); Create Destinations and Focus Retail into Nodes rather than Strip Development. Land Use Plan: The Future Land Use Map identifies this area as a Neighborhood Commercial Node. Plan Implementation /Other Plans: There are no other plans for this area. 2. Current Conditions and Character: Lincolnway West between downtown South Bend and Sherman Avenue is a-neighborhood commercial corridor with a mixture of commercial and residential uses. 3. Most Desirable Use: The most desirable use is one that is compatible with the mixed use nature of the corridor. 4. Conservation of Property Values: Due to the existing commercial nature of Lincolnway West, surrounding property values should not be adversely affected. 5. Responsible Development And Growth: It is responsible development and growth to rezone this property to MU Mixed Use District, the most prevalent zoning district in this neighborhood corridor, and also the most appropriate based on the MU Mixed Use development standards. Combined Public Hearing The petitioner is seeking the following variances: 1) From the required minimum 50% of a building's front facade to be located within the minimum and maximum setback to 39% along Lincolnway West; 2) From the required minimum 20' parking setback along Lincolnway West to 15'; and 3) From the maximum allowable 8,000 square feet for a single retail use to 8,225 square feet State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: (1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community: Only a small portion of two parking spaces will be encroaching into the 20' setback. The proposed structure is 3% larger than what is allowed. The relatively small variations requested are consistent with the character of the area and will not be injurious to the APC # 2776 -16 Page 2 of 3 Staff Report 4/7/2016 general welfare of the community. The petitioner is providing all the appropriate buffering and screening. (2) The use and value of the area adjacent to the property included in the variance will not be affected in .a substantially adverse manner. . The use of off -street parking area screening landscaping will minimize the impact of the parking being located. closer to the right of way. The slight increase in building size will not adversely affect surrounding property. values. (3) The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property: The irregular shape of the parcel creates a practical difficulty in meeting the strict application of the maximum building setback and parking setback. The proposed retail building is based on apre- designcd.square footage calculation that has been optimized for . the store's success: The strict application of the ordinance would force the developer to alter their proven layout model. Staff Comments: This is a combined public hearing procedure, which includes a rezoning and 3 variances from the development standards. The Commission will forward the rezoning to the Common Council with or without a recommendation and either approve or deny the variances. The staff strongly encourages the petitioner to continue working with the Department of Community Investment regarding site layout and quality of site design due to this location's strategic value within the MLK Commercial Node. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. Staff recommends approval of the variances. Analysis: The rezoning of this site, along with the proposed alley vacation, will create a larger, cohesively zoned parcel ideal for development. The proposed retail store will eliminate what are currently vacant lots, and provide goods to neighborhood residents. APC # 2776 -16 Page 3 of n _ 4 a — . . - - 7 1 lu ze El r y h L ', .fi 4 A °�1 ac• -'t � � `� :. .,;mac '�' � � ` Ems- - _ � h a � t Rezoning from: CITY OF SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT a "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "MU" MIXED USE DISTRICT N MA STER ZONING KEY SOUTH BEND "SF2 "SINGLE FAMILYANDTWO FAMILY DISTRICT U1► E SOUTH BEND -MF1 "URBAN CORRIDOR M ULTIFAMILY DISTRICT � S SOUTH BEND "MU °MIXED USE DISTRICT 1 Inch = 150 feet SOUTH BEND "LB "LOCAL BUSINESS DISTRICT /�P�J6-1 `x SOUTH BEND "CB "COMMUNITYBUSINESS DISTRICT /�'� I > w a nj S cis y, § •� s 3 $ X513 i 3l1, 1i IN a, it I if 1, 1# l B.�����I�� 4W u. J L - - - - -- 10 W � ••. � 0 e � a • � aui o :1!?'• / , Cv W viii �_A J 8� ♦ � �a �7 �O`W�166 a s g �f GCS t 19 181 il ® of .9C AL �o �p 8t'Nl;1l3dALNWvN1aw18 U 4 LaL Q ,rawT 6 �Z A0NX aulr m ,ssz Z .....:...:.:.:.: cmeKuwsfoAm-io msianr-Hmoc IS rONOMSM — 00W W €(� - -� —� son l I I I I NH I I r' I ! ------ - - - --� I I V l L J L �a N_ PETITION FOR ZONE MAP AMENDMENT City 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 Way West; 736 Lincoln Way West; and 18 VAC L6 50X189 L WW (shown on the St. Joseph County GIS Map as a portion of 726 Lincoln Way West); (the property is generally located at the southeast corner of Lincoln Way West and Cushing Street, and also includes an alley adjacent to the foregoing parcels which 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 t; 39,366 s£ f 5) Name and address of property owner(s) of the petition site. Wadad EI- Ainntori, 51343 Lilac Road. South Bend, IN46628 George Kalafat, 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 KAREE. 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 VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section): 1) Variances frown Section 21 -03.02 allowing (t) less than 50% of the.f•onifiacade ofthe building to be located henveen the mininnon and nraxrimunr setback area, (ii) a portion of the par king area to he in front of the maxinnon setback; and (iii) a retail use in excess of 8, 000 square feet o_f gr oss floor area (see attached narraiire 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 altached narrative (c) The strict application of the teens of this Ordinance would result in practical difficulties in the use of the property: See altachecl mtrrallre 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: AM 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: NfA (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: N /.A (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: N /,4 (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. N/A * 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 Steiger PC, Alin: Dw id Yonlz 123 N. Wack ef- Drive. Slate 1600 Chicago, IL 606116 312- 801 -8752 cltvayit<C&dtrbinsinger.cont 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): Wodad r-k- Aftown ( Sw, d l bc�&X ".WA P-de • o; AMIftne.11 Geome Vak.Q4 Lrep- ".:w.& Qo ja- . l6me-a ) Fp Ste. &1•d Ind :a %- onceln Wa„l a s Cyst. -•� jt.� �Lt-C, x2�el� L.e�C,o _tJ gaitx WV&- Q# r►e4'1 t.L $�' p„�� ,+4,a,► :x We Ihe,+�rs �� $o:cp� (�Q.,,��:oN. t✓�n LJar«al �,sy,�,iltwd,µi� an 3rs31 ls.+t�'rl l -�t� �"�1 y LRMMD 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. r Filed in Clerk's Office MAR a 9 2016 KAREEMAH FOWLER CITY 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: 736 Lincolnway West, South Bend, IN 46616; 726 Lincolnway West, South Bend, IN 46616; 430 Cushing Street, South Bend, IN 46616; and I8 VAC L6 50X189 LWW, South Bend, IN 46601; PIN#: 71-08-02458-001.000-026,71-08-08-458-010.000-026,71-08-02- 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. E WADAD EL- AMMORI Fled in Clerk's Office MAR 0 91016 EEIUTAH FOWLER CITY CLERK SOUTH BEND, IN INDIANA. EDIT A TO PETITION - LEGAL RESCHIMON 17 !„ "! • is i ,. ! J ! i • ! THE CITY OF SOUTH BEND, IN ST. MSEPH COUNTY, INDIANA. . , " Mim"Are .1�111 rL011jtk--YeF-I?,UelITIZTLr.1-4x j''Ely, PARCEL V: 7HE SOUTH 1/2 OF LOT 3, HE€N MANS ADDITION ACCORDING TO THE RECORDED FEAT THOMF, ST. 30SEPH axwrY,1NDIANA REC ORDS. Filed in Clerk's ce MAR 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 ("Aunlicant ") 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 "Proiecf ). The Property Applicant is currently working under purchase and sale agreements to acquire that certain property located at the southeast comer of Lincoln Way West and Cushing Street in South Bend (the "Pro '). 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 SF2 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 facade 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 0/o)) 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 facade facing Lincoln Way West to be within the minimum and maximum setbacks. B. Section 21- 03.02(b)(2)(A)(iu): 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 91016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN EXHIBIT A TO APPLICATION NARRATIVE — SITE PLAN (attached on one (1) page that follows) B � i Q% CL N 1i W �27 ebb E_ 1�, C3�, 0� € �q V a N ° S V, 0 OQ O « N • ,gg LL I g m L •� 6 FI � � � _ � � � gg `v Cose Q+q �8e E AWN FIf 6o Gl dl�tlllr3 �i� ode -s ;&a I$ `�iS '%.E too3 Q.s °9 z j GC z I W C= lw � � O Q II v co ! o J-j w ZI uj W I z 0 i 9 9 9 9 z d lol I I I w y U m W CIF o OPP p .'•'•• :•'• q,'� -WO-1 3dkL NJIS 9NI01U18 � M W= az a = W' W .� a _ N N W a N N /•� Z _ cn a sa -)Z boa �z0 / a� Oct O ci z co �' wz c�= ao x tDVA �Q ° m m •� a �i �j_ O�W M m o go=o :;:::::•.;.•.•.•..•.•..•.•.•.• • zrW m QNSg A]1105 30 7L Li0 :NOI I OIQSIZI[lt - HdNI ffG — zoo J 3:z qm p =U N O I I I �N� I I O I I I I Rim cnaD oz ---- - - - - -� w am L_� L wzy 11 i fln I n. I W00 I m?a EXHIBIT B TO APPLICATION NARRATIVE — GIS PAGE (attached on one (1) page that follows) a pp co m 0. ir� in a � .. d taiwcAwm ` ± IL co 9 0:3U �Qduu nu, 0m � I i■ii� Bill No. 07 -16 r 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 4a' 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. Mot sincere , Tim Soo un resident 1' 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 The South Bend Common Council 227 West Jefferson Boulevard, Room 441 Downtown South Bend, Indiana 46601 574.235.9321 574.235.5567 TDD March 29, 2016 The South Bend Common Council 0 Floor County -City Building South Bend, Indiana 46601 Re: Substitute Bill No. 07 -16 City Flag Ordinance Dear Council Members: We are submitting Substitute Bill No. 07 -16 which would amend the City Code by official approving the new official City Flag for the City of South Bend and including it in our Code. The only changes to this proposed ordinance are set forth in the "Statement of Purpose and Intent ". We believe that the three (3) finalists who submitted flag designs should be credited, namely Garrett Gingerich, Jeffrey Koenig, and Jesse Villagrana. The final flag design was the work product of Garrent Gingerich who incorporated suggestions from public input received, and creatively integrated elements of each of the three designs which were submitted. The actual language set forth in proposed South Bend Municipal Code Section 1 -5.1 City Flag, is identical to the language submitted to the Office of the City Clerk on March 9a'. We request that this Bill be sent to Council's Community Relations Committee. We are honored to sponsor this proposed new City Flag ordinance and seek your unanimous support. U. Most sincerely, Tim Scott, Council President 1" District Council Member Gavin Ferlic, Council Member at Large South Bend Common Council Attachment Filed in Clerk's Office MAR 312016 OW CLERK, SOUTH BMD,, IN Substitute Bill No. 07 -16 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 general flag submission instructions were developed which included color suggestions, themes to reflect upon, and a requirement that all proposed designs adhere to the North American Vexillological Association's five basic principles of flag design. 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. A flag design committee consisting of professional designers, marketing professionals, a vexillologist, city officials, and SB150 representatives narrowed down all entries to three (3) designs. The finalist designs were submitted by South Bend residents Garrett Gingerich and Jeffrey Koenig, and Jesse Villagrana, an IU South Bend student. The designs were displayed as part of the First Friday festivities in December 2015 and on the South Bend 150 website, sb150.com, which resulted in over 1,000 comments being received. The feedback was compiled and evaluated. The committee commissioned Garrett Gingerich to produce a final design which incorporated the public input and integrated elements of the three (3) final designs. The final design was donated, free of charge, to the City of South Bend and will be available without charge for the community's open - source use. 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. City Flag Ordinance Page 2 =!;Are, tie 0 Orelainwl , ge anintoaa �oa�ael6af t/ie Vii rf �otttir ��ztl, Section 1. 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: See. 1-5.1 City Flag. (a) The official City Flag for the City of South Bend, Indiana, is depicted as follows: 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. City Flag Ordinance Page 3 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 from and after its passage by the Common Council, approval by the Mayor, and al publicatio . Tim Scott, 1 ` District Council Member South Bend Common Council President Gavin Ferlic, Council Member at Large South Bend Common Council Office of the City Clerk 66r�,'okvgleAy me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of , 2016, at `�r &.wla ml ji weelby me on the .m. 1 st RtADIM PUBLIC HEARING rd READING 10T APPROVED EFERRED PASAD o'clock _. m. Office of the City Clerk day of Pete Buttigieg, Mayor City of South Bend, Indiana 2016, at o'clock Filed in Clerks Of oe Eiij KAREEMAH FOWLER COY CLERK. SOUTH BEND, IN 227 W. IEMRSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 April 20, 2016 CITY OF SOUTH BEND PETE BUTTIGIw, MAYOR COMMUNITY INVESTMENT Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Vacant Building Tax Abatement Petition for: Appletree Associates, LP Dear Council Member Ferlic: Bill No. 15 -106 PHONE: 574/235 -9371 FAX: 574/235 -9021 Please find the attached information pertaining to a vacant building tax abatement petition for Appletree Associates, LP: ➢ 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. The project meets the qualifications for a (2) two year vacant building tax abatement. A representative from Appletree Associates, LP will be available to meet with the Committee on Monday, April 25, 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, /<'y Aaron Kobb Director Economic Resources Filed in Clerk's Office E APR 2 n ?w KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN PLANNING NEIGHBORHOOD ENGAGEMENT BUsINEss DEVELOPMENT ECONOMIC RESOURCES PAMELA C. MEYER BRIAN PAWLOWSKI AARON Kom TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: AARON KOBB SUBJECT: VACANT BUILDING PROPERTY TAX ABATEMENT PETITION FOR: Appletree Associates, LP DATE: April 20, 2016 On Wednesday, December 9, 2015, a petition from Appletree Associates, LP was received and subsequently filed with the City Clerk for vacant building property tax abatement consideration for property to be located at 1915 Bendix Drive, South Bend, IN 46628. Pursuant to Chapter 2, Article 6, Section 2 -84.2 ofthe 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 ➢ This 64,500 sq. ft. facility includes production, warehouse, and office space on 4.45 acres adjacent to the South Bend Airport and has been vacant since 2007. Royal Adhesive wishes to move into the facility in order to expand their current operations and help revitalize the area. ➢ Total project taxes during two year abatement period — $62,932 ➢ Estimated taxes being abated during two year abatement period — $39,188 ➢ Total taxes to be paid during two year abatement period — $23,744 EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will: Create zero (0) permanent, full -time and zero (0) penmaF�i qCA the two year abatement period, representing a new annu 2 0 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC REsoURCEs PAMELA C. MEYER BRIAN PAWLOWSKI AARON KOBE NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Area Board of Zoning Appeals will hold a public hearing in the Council Chambers on the 4th Floor of the County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana on the 6th day of April . 2016, at 1:30 p.m, or as soon thereafter as the matter can be heard. This hearing is for the purpose of considering a petition that was Filed by: Insurance Auto Auctions. Inc. and Sample Street Associates, LLC Seeking: The fallowing (3) Special Exceptions: (1) to allow for the temporary storage of motor vehicles: (2) to allow storage of vehicles on more than 50% of the site; and (3) to allow the use of a wrecker service AND the following Variance: From the required perimeter landscaping to no perimeter landscaping on the north and east sides, and partial landscaping along the west and south sides as shown on site plan On real estate commonly described as: 2926 -3302 West Sample Street South Bend, IN 46628 and is legally described as follows: Four (4) contiguous properties: NW % N of RR Sec 15 -37 -2E Pt NW Sec 15 -37 -2E Beg 264'S of NW Con, Parcel of land Beg 264 Ft E of NW Cor Sec 15 -37 -2E and E'A NE NE N of RR Ex 330'x 900'W Side & Ex 2 Ac S Side Sec 16 -37 -2E Dated this 15 day of _ �nf�'? . 2010. A BOARD OF ZONING A PEALS Carolyn A. enry Secretary to the Board TO THE PETITIONER It is your responsibility to complete this form correctly and deliver it to the Secretary to the Board of Zoning Appeals with the other papers at the time of original filing. Once it is signed by the Secretary, then it is your responsibility to make arrangements to have publication of notice made in a local newspaper having general circulation in St. Joseph County. Such notice must be published one (1) time, being at least ten (10) days prior to the date on which the public hearing is to be held. Proof of publication must be presented to the Board at the time of public hearing. tO O N ��0) (000 (4 (Opp �CqD (Opf tnp (0) Sit IT N Z Z Z Z Z J Z Z Z Z O W m C m W O 8 W Y 10 m m W. 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Filed in Clerk's Office APR 19 2016 KARE WAH FOWLER CITY CLERK, SOUTH BEND, IN 0: \Projects \2016 \16.0184 Insurance Auto Auctions Inc \Permits & Plan Review \UA - Special Exception f Signed by i PRESENTED by: Rod Schlenker, Real Estate Project Manager Insurance Auto Auctions, Inc. (Tenant) Noah Davey, Sample Street Associates, LLC (Owner) Brian McMorrow, Abonmarche Consultants, Inc. Filed in Clerk's Office APR 19 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN 0: \Projects \2016\160184 Insurance Auto Auctions Inc \Permits & Plan Review \87A - Special Exception PETITION FOR SPECIAL EXCEPTION AND VARIANCE 2926 -3302 WEST SAMPLE STREET — PARCEL NOS. 018-8075-2820,018-8075-282402,018-8075- 282405, AND 018 - 8112421201 (8.11 ACRES + / -) CURRENT ZONING CLASSIFICATION: "GI" — General Industrial District, City of South Bend PETITIONERS: Insurance Auto Auctions, Inc., Two Westbrook Corporate Center, Suite 500, Westchester, IL 60154, Tel: (708) 492 -7033 — Attn: Rod Schlenker rschlenker@iaai.com (Tenant) Sample Street Associates, LLC, 4100 Edison Lakes Parkway, Suite 350, Mishawaka, IN 46545, Tel: (574) 485 -1530 — Attn: Noah Davey noandavcy@cressyandeverett.com (Owner) PRESENTED BY: Brian McMorrow, Abonmarche Consultants, Inc., 750 Lincoln Way East, South Bend, IN 46601, Tel: 574- 232 -8700 ext 22, bmcmorrow ,abonmarche.com Petitioners seek permission to temporarily store motor vehicles on the subject vacant parcel, to do so on more than 50% of the property, and utilize the services of a wrecker. Petitioners also seek relief from strict conformance with Section 21 -04.02 of the "GI - General Industrial District" which requires perimeter yard landscaping along all lot lines (emphasis added). Instead, Petitioners are seeking a variance from the required perimeter landscaping to no perimeter landscaping on the north and east sides, and partial landscaping along west and south side as shown on the attached site plan. (a) The proposed special exception use and variance will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare because: a. The site will be completely enclosed and secured by a fence; and b. The delivery and pick -up of motor vehicles is conducted on -site (not in the public right -of -way) and therefore not interfere with pedestrian or motor vehicle traffic on public streets and sidewalks. (b) The proposed special exception use and variance will not injure or adversely affect the use of the adjacent area or property values therein because: a. The neighborhood already includes among its current uses an auto body shop, a tool supply store, and industrial metal fabricators, several of which already store motor vehicles outdoors. b. The Petitioners are proposing to maintain the existing frame structure and lawn more or less as it is today in appearance AND remove that portion of the existing chain link fence which is near the right -of -way line today and construct a new fence 30' back from the right -of -way. Within said 30' area, a lawn and vegetative buffer will be planted, improving the streetscape as viewed by motorists and pedestrians on West Sample Street. (c) The proposed special exception use will be consistent with the character of the district in which it is located and the land uses authorized therein because: a. Automotive uses are already permitted in the zoning district the outdoor storage of products or materials are anticipated as "special exceptions ". In this case the "product" or commodity is the motor vehicle. (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan because: a. The subject property is NOT within the current Plan's Sample -Ewing Development Area. The proposed use will provide an economic return and adaptive re -use of an otherwise properly zoned, but vacant property which offers no benefits at the present time. 0: \Projects \2016 \16 -0184 Insurance Auto Auctions Inc \Permits & Plan Review \BZA - Special Exception 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED )40T APPRO AA ADOPT0 0 Member of the Common Council Filed in Clerk's Office MAR 15 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 2926 -3302 West Sample Street, South Bend, IN 46628 WHEREAS, Indiana Code Section 36 -74- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 2926 -3302 West Sample Street, South Bend, IN 46628 in order to permit Temporary storage of motor vehicles; storage of motor vehicles on more than 50% of the property; utiltization of wrecker service; and to allow partial landscaping in front & side yards SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION M. The Common Council of the City of South Bend, Indiana, hereby finds that: PETITION SPECIAL EXCEPTION PURSUANT 21- 09.3(D) AREA BOARD OF ZONING APPEALS INSURANCE AUTO AUCTIONS INC FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: .�.�e.,vet«a*fiM. »I+eet 14mico wmeP*fteaan. SAM mordk•od90"d 'are0M==mwr. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: A.The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: A. Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: A: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 6 Day of April 2016 MOTION of SE_ ❑ RECUSED ❑ ❑ ❑ ❑ ❑ ❑ ABSENT ■ YES 10 0 0 z 0 MICHAEL URBANSKI RANDALL MATTHYS KATHY SCHUTH GERALD PHIPPS JACK YOUNG ROBERT HAWLEY BRENDAN CRUMLISH AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574)235 -9554 FAX: (574)235 -5541 April 7, 2016 The Honorable Common Council South Bend Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception Insurance Auto Auctions, Inc. 04/06/2016 Dear Council Members: Bill No. 16 -38 The above referenced petition of Insurance Auto Auctions, Inc. was legally advertised on March 17, 2016. The Area Board of Zoning Appeals gave it a public hearing on April 6, 2016, at which time the following action wastaken: Upon a motion by Mr. Phipps, being seconded by Mr. Urbanski and by a unanimous vote, the petition for Special Exception to allow for the temporary storage of motor vehicles, outdoor storage on more than 50% of the of the property, and utilization of a wrecker service, on property located at 2926 -3302 W. Sample Street, Portage Township, zoned "GI" General Industrial is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerel , Charles C. Bulot, C.B.O. Building Commissioner CCB /cah Filed in Clerk's Office APR 12 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Kareemah Fowler, City Clerk Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana on the day of , 2016, at o'clock _ .m. Kareemah Fowler, City Clerk Approved and signed by me on the day of , 2016, at o 'clock . M. 1* RFADIRG PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Pete Buttigieg Mayor of the City of South Bend, Indiana 6 Filed in Clerk's Office LREAPR 2 0 2016 EMAH �OWLE:R CITY CLERK, SOUTH BEND, IN Sec. 17-86. - Waiver of annexation and City compact fees. (a) Notwithstanding anything to the contrary contained herein, the effective date of this Section 17 -86 shall remain June 3 2002 cad (b) In consideration for the City's extension of sewer and/or water main lines to areas outside City limits, the owner of any such real property located outside City limits who wishes to connect to a City main line shall execute a waiver of right to demonstrate against annexation as a condition of tapping into the City's main line. (c) Effective January 1, 2017, asks a further condition of non -City resident tap into City sewer and/or water main lines, an owner of real property situated outside the City limits shall pay a compact fee annually to the City for one (1) utility (whether sewer or water service) which compact fee is thirty (30) percent of the difference between the County and City effective property tax. If two (2) utilities (both sewer and water service) are used, then the annual compact fee shall be fifty (50) percent of the difference between the County and City effective property tax. See. 17-87. - Exemptions. (a) Owners who have either executed a permit to connect or who connected to the City's sewer or water line prior to July 1, 2016. 0?1 In cases where the cost of sewer or water installation is covered by an entity other than the City or has otherwise been paid, the Board of Works shall have the authority to enter into a reimbursement agreement with such entity or waive such assessments outright. U Re- connection to City sewer or water main lines constructed on or before July 1, 2016 or any property that has already paid its assessments in full. O Sewer or water installation assessments specifically addressed in development agreements executed by the Redevelopment Commission may be waived under this Section. (e) The rates set forth in this article shall not apply to user contracts executed with the City prior to the effective date of this article. For all such users, the contract rate shall apply and the terms of the contract shall supersede this article. See. 17-88. - Board of Works rate modification. The Board of Works shall, as needed, recommend any modification to the rates established in this article to reflect fluctuations in construction costs. Section H. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and any publication required by law. Member of the Common Council Attest: 5 All charges and rates fixed by this article shall be effective at the time that connection is made from the owner's property to the City sewer and/or water main line(s). The rates set forth in this article are separate and distinct from usage rates, tap and other non - recurring charges, water and sewer service fund charges, availability fees, and other similar charges provided elsewhere under this chapter. Sec. 17-83. - Owner responsible for connection costs to main line. All costs or charges for making the physical connection from the affected real property to the City - installed sewer or water main line shall be the responsibility of the owner, and these are separate and distinct from the charges set forth in this article. The property owner shall engage a licensed plumber to make any such lateral connection from the sewer and/or water main line to the property or building. All such materials and installations shall be in compliance with Engineering Department standards and any applicable Building or Plumbing Code. See. 17-84. - Party responsible for payment of charge. The current owner of the property as determined by the record of deeds in the Office of the Recorder of St. Joseph County shall be. responsible and liable for the sewer and/or water installation construction charges required by this article. Sec. 17 -85. - Methods of payment; prepayment with discount; installment plan. (a) The property owner may pay all charges in full prior to time the installation work is commenced. Prepayment of expenses in advance under this section shall entitle the owner to a ten (10) percent discount of the total charge. (b) A single family residential real property owner may pay the charges under this article by sixty (60) monthly installment payments with interest at the rate of two (2) percent below the City's prime borrowing rate established by the Board of Public Works by December 1 of each year for the following calendar year. The interest at the commencement of the residential owner's sixty -month payment plan shall be constant throughout the sixty -month term. The installment payment under this section shall be added to the monthly sewer /water bill and paid in the same manner and under the same conditions as the monthly water service charges. However, a subsequent owner shall pay in a lump sum at the time of sale of the water and or sewer served real property any balance remaining on the previous owner's obligation for sewer and/or water main extensions under this section. (c) Notwithstanding the foregoing, an owner of vacant real property served by a sewer and /or water main installed by the City shall fully assume and pay the maximum construction charge assessable under this article upon construction of any improvement to the vacant land. If the land is in the City limits at commencement of construction, City rates shall apply. If the land is outside City limits at the commencement of construction, non -City rates shall apply. However, the Board of Public Works may make exceptions for an owner of real property outside the City who qualifies for annexation to the City under the requirements of state statute (IC 36 -4 -3 -1 et seq.) and who has irrevocably petitioned for annexation contemporaneously with hook -up to municipal utility lines. 4 (4) All assessments under this Section will be calculated based upon the property frontage from which the water main line is connected. Sec. 17 -81. - Sewer main line; uniform assessment of installation charges inside and outside City. The sewer main line installation charge shall be assessed on a per square foot basis of property owned and applies to all property owners, except as defined by Sec. 17 -87, whether residential, commercial or industrial. However, owners of single family residential real property located within the corporate limits of the City shall be limited to a maximum charge of three thousand dollars ($3,000.00) per single family residential tract. The rates below are rates for user /property owners inside the City limits as follows: Sten of Meek Rate ($/SR 4 �cI4 0-.0 „e.,,. 50 ,000 Of 0-.2-2 oK+ 50 ,000 s f 044 oaf 50 ,000; s f 0-.09 ever- 175,000 of (4 ., es &A4. Area of Property ( Sewer Assessment of Installation Charge 0 to 25,000 SF $0.28 per SF 25,001 to 75,000 SF $7,000 plus $0.22 per SF over 25,000 SF up to 75,000 SF 75,001 to 125,000 SF $18,000 plus $0.14 ver SF over 75,000 SF up to 125,000 SF 125,001 to 175,000 SF $25,000 plus $0.08 per SF over 125,000 SF up to 175,000 SF over 175,000 SF $29,000 plus $0.04 per SF over 175,000 SF For purposes of an example, a property with a 200,000 square feet shall be charged $29,000 for the first 175,000 square feet plus $1,000 for the remaining 25,000 square feet. Non -City user installation assessment -110% of above rates with no cap. Sec. 17-82. - Effective date of charge assessment. (1) All owners of property used for commercial or industrial purposes located within the corporate limits of the City, except as defined by Sec. 17 -87, using twelve -inch diameter or larger main lines shall be assessed a proportionate share of the cost of water main line installation computed at the rate of thirty dollars and fifty -three cents ($30.53) per lineal foot (LF) of that water main line which is installed along the boundary of such parcel, which assessment is not subject to a maximum rate cap. as defined ,1 t«; 1 t, a y See. 17-87, ae�rorcoriaixcrvizsli -or siacssc�a Y Y `1 water main Hoes in emeess of :tNwWe ineh diameter- SWI be assessed ft 4 1, of tl. t of the , ata« main l i t llafie ,.,,tart .,t +1,a - �� m r eest,-based en time and inaterials. (3) All owners of property used for commercial or industrial purposes located within the corporate limits of the City, except as defined by Sec. 17 -87, using water main lines less than twelve -inch diameter shall be assessed the same rate as residential users, that is twenty -three dollars and seventy -five cents ($23.75) per lineal foot (LF) without the maximum rate cap. (4) All assessments under this Section will be calculated based upon dimensions of the property boundM line from which the water main line is connected. Sec. 17 -80. - Water main line outside City limits; uniform assessment of installation charges. (a) Non -City. residential water main charges. All owners of single family residential property located outside the corporate limits of the City of South Bend except as defined by Sec. 17- 87, shall be assessed a proportionate share of the cost of water main line installation computed at twenty -eight dollars and fifty cents ($28.50) per lineal foot (LF) of that water main line which is installed along the boundary of such parcel, which assessment is not subject to a maximum rate cap. (b) Non -City commercial /industrial water main charges. (1) All owners of property used for commercial or industrial purposes located outside the corporate limits of the City i except as defined by Sec. 17 -87, using twelve -inch diameter or lar eg_r main lines shall be assessed a proportionate share of the cost of water main line installation computed at the rate of thirty -six dollars and sixty -four cents ($36.64) per lineal foot (LF) of that water main line which is installed along the boundary of such parcel, which assessment is not subject to a maximum rate cap. . M\ All ewner-9 of FeeJ prepPr�y located outside the rp 4e limits of the Gitom _,� \ 1 Y� i a defined by See. used fer- eewAner-eial er- iadiarMal pufpeses whe require water- (3) All owners of property used for commercial or industrial purposes located outside the corporate limits of the City, except as defined by Sec. 17 -87, using water main lines less than twelve -inch diameter shall be assessed the same rate as non -City residential users, that is twenty -eight dollars and fifty cents ($28.50) per lineal foot (LF), with no maximum rate cap. 2 Bill No. -16 Ordinance No. -16 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 17, ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE NEW RULES AND REGULATIONS FOR ASSESSMENT OF INSTALLATION CHARGES STATEMENT OF PURPOSE AND INTENT Chapter 17, Article 10 of the South Bend Municipal Code (the Code) covers construction fees for water and sewer installation. In particular, it addresses assessment of installation charges, which are fees intended to recoup the city's investment in the installation of water mains and sewers. Users wishing to connect to the system are charged a standard rate based on the size and/or dimension of their property. The purpose. of this ordinance is to establish an effective. date for the below mentioned assessments and to add language so that fees are only required of users wishing to connect to water mains and sewers constructed and funded by the City with the expectation of recoupment by the City. Essentially, the current ordinance requires assessment fees of all connections and does not differentiate between utilities installed by the City or a private developer or whether the utilities were installed by the City as part of an economic development agreement. This ordinance will clearly define exemptions for assessment charge and establish an effective date for implementation. In addition, it simplifies the presentation of the fee structure so as to reduce confusion. Now, Therefore, Be It Ordained by the Common Council of the City of South Bend, Indiana as follows: Section I. Chapter 17, Article 10 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 17 -79. - Water main lines within City limits; uniform assessment of installation charges. (a) City residential water main charges. All owners of single family residential property located within the corporate limits of the City, except as defined by Sec. 17 -87, shall be assessed a proportionate share of the cost of water main line installation computed at twenty -three dollars and seventy -five cents ($23.75) per lineal foot (LF) of that water main line which is installed along the boundary of such parcel, at a total maximum rate of two thousand dollars ($2,000.00) per single family residential parcel. (b) City commercial /industrial water main charges. CITY OF SOUTH BEND PETE BUTnGIEG, MAYOR. DEPARTMENT OF PUBLIC WORKS Eric Horvath, Director April 20,2016 Mr. Tim Scott Council President, South Bend Common Council 0 Floor, County -City Building South Bend, IN 46601 Bill No. 23 -16 Re: Ordinance Amending the South Bend Municipal Code to clarify Assessment of Installation Charges Dear Council President Tim Scott,. Attached for filing with the South Bend Common Council is an Ordinance to amend the South Bend Municipal Code in Chapter 7, Article 10 that contains sections involving construction fees for water and sewer installation. In particular, it addresses assessment of installation charges, which are fees intended to recoup the city's investment in the installation of new water mains and sewers.. Users wishing .._ to.,connect to the system are charged a, standard rate -based on the_ size and/or -dimension of _their property.. The purpose of this ordinance is so that fees are only required of users wishing to connect to water mains and sewers constructed and funded by the City with the expectation of "recoupment by the City. Essentially, the current ordinance requires assessment fees of all connections and does not differentiate between utilities installed by the City or a private developer or whether the utilities were installed by the City as part of an economic development agreement.. This ordinance will clearly define exemptions for assessment charge. In addition, it simplifies the presentation of the fee structure so as to-reduce confusion. Either I, or Director of Public Works Eric Horvath, will present this Bill to the Common Council at its appropriate committee meeting and at the public hearing during the Common Council's regular meeting. Thank you for your consideration of this matter. Sincerely a arick C. Kerr, .PhD,. PE City Engineer Filed in Clerk's Office KAREEMAH FOWLER C"CLERK, 80UTH BEND, IN and the South Bend Common Council to discuss their advisory recommendations in a timely and well - documented manner. Off-Leash Dog Park Resolution Page 3 Support Staff: The Office of the City Clerk shall provide needed clerical services to the Advisory Special Committee To Study And Recommend All Reasonable And Viable Options For Off Leash Dog Parks, including but not limited to preparing and sending notices of all meeting of the Committee, taking meeting minutes and making such minutes and any document and/or handouts discussed at such meetings publicly available, making copies of documents needed by the Committee, and other related clerical support. Section IV. This Resolution shall be in full force and effect fro after its ado ion by the Common Council and approval by the Mayor. 661 Member Ofiver J. Davis 6`h District Council Member Council Member Dr. David Varner 51h District Council Member Council Member Regina Williams- Preston 2 "d District Council Member Council Member Karen L. White Council Member At Large LR Clerk office PRESEWW 2.'� 20 NOT APPROVED gR 1'© S^i - f � - N, IN ADOPTiP Off -Leash Dog Park Resolution Page 2 Section I. The Common Council welcomes public input and transparency in government, especially with regard to public assets which are dedicated to the public good. Section II. The Common Council establishes a 9- member Advisory Special Committee To Study And Recommend All Reasonable And Viable Options For Off Leash Dog Parks no later than Friday, April 29, 2016 in order to celebrate the May I" start date of National Pet Month. Section 111. The Committee shall be governed by the following regulations: Membership: One (1) current member of the City's Board of Park Commissioners; One (1) current City Administrator selected by the Mayor; Two (2) current members from the South Bend Common Council, with one (1) being a current member of the Parks, Recreation, Cultural Arts & Entertainment Committee and one (1) being a current member of the Health & Public Safety Committee; One (1) current member of the City's Animal Control Commission; Four (4) current members of the Dog Park for South Bend website and/or animal welfare community who are also current residents of the City of South Bend. uorum• Five (5) members of the Committee shall constitute a quorum. Duties /Responsibilities: Hold meetings consistent with the Indiana Open Door Law (Indiana Code § 5- 14 -1.5). Review, research and document all reasonable and viable options for off -leash dog parks to be located in the City of South Bend, Indiana. Review, research and document all the recommended regulations necessary to govern off -leash dog parks as referenced in Chapter 5- 3- 5 -21(b) of South Bend's Municipal Code. Receive input from the public and from resource persons who may be experienced in the creation and maintenance of off leash dog parks. Develop such information in a format which is sent to the Office of the City Clerk for simultaneous distribution to the Common Council, the Board of Park Commissioners and the Mayor within forty -five (45) days of their first meeting as an advisory committee, and then posted on the City of South Bend's governmental website. Share any other additional relevant data and relevant information which supports each advisory recommendation. Send representative(s) of the Advisory Special Committee To Study And Recommend All Reasonable And Viable Options For Off Leash Dog Parks to any public meeting of the Board of Park Commissioners Bill No. Resolution No. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A 9- MEMBER ADVISORY SPECIAL COMMITTEE TO STUDY AND RECOMMEND ALL REASONABLE AND VIABLE OPTIONS FOR AND OFF LEASH DOG PARKS TO BE LOCATED IN THE CITY OF SOUTH BEND, INDIANA WHEREAS, in the 2014, the South Bend Board of Park Commissioners approved the City of South Bend Park 5 -year Master Plan 2014 2018; and WHEREAS, on page 31 of the report it states that, "Dog parks are a rising trend for parks and recreation. 2013 was the second year that dog parks were the top planned addition to parks and recreational facilities' ; and WHEREAS, other cities such as Evansville, Fort Wayne, and Indianapolis have provided citizens with multiple dog parks and dog run locations in their cities; and based on the dog population in South Bend and the need for a safe environment for exercising, South Bend should look into providing such opportunities; and WHEREAS, off leash dog parks promote a sense of community building through socialization as well as, encourage responsible pet ownership and provide dogs and their owners a safe place to exercise and play; and WHEREAS, as discussed by the South Bend Tribune in an article that was published on November 18, 2015 titled, "Group wants dog park in South Bend ", the citizens of South Bend have expressed their interest and support for a South Bend based, off leash dog park by creating a website as well as circulating a petition; and WHEREAS, the mission of the Common Council is, "To make certain that our City Government is always responsive to the needs of our residents and that the betterment of South Bend is always our highest priority "; and WHEREAS, we believe that within our current South Bend Parks, that there is adequate space to successfully house off leash dog parks; and WHEREAS, working with the Mayor, the City's Board of Park Commissioners and the citizens of South Bend; the South Bend Common Council will establish a 9 member Advisory Special Committee to study and recommend all reasonable and viable options for Off Leash Dog Parks to be located in the City of South Bend, Indiana. Now, therefore be it resolved by the Common Council of the City of South Bend, Indiana as follows: Off-Leash Dog Park Resolution Cover Letter Page 2 relevant facts and provide opportunities for the public to have their voices heard. Transparency, inclusion and engagement in government builds strong and vibrant partnerships. We believe that the attached resolution would be a step in carrying out the Common Council's Mission: "To make certain that our City Government is always responsive to the needs of our residents and that the betterment of South Bend is always our highest priority. " We recommend that the Council's Health and Public Safety Committee hear our proposal next Monday. We look forward to discussing this important topic with you. V Y, is, District Council Member Regina Williams- Preston, 2 "d District Council Member Attachment Dr. Dave Varner, 5t' District Council Member Karen L. White, At -Large Council Member Fled in Clerk's Office E APR 2 0 2016 KAREEMAH, FOWLER C" CLERK Sol 7W BEND, IN Bill No. 16 -46 �yoUTif �, wwcc The South Bend Common Council 4 " Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 -1830 574.235.9321 TDD 574.235.5567 April 20, 2016 The South Bend Common Council 4`h Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 -1830 Re: Resolution to establish a 9- member advisory special committee to study and recommend all reasonable and viable options for multiple off leash dog parks to be located in the City of South Bend, Indiana Dear Council Members: As discussed by the South Bend Tribune in an article that was published on November 18, 2015, titled, "Group wants Dog Park in South Bend ", the citizens of South Bend have expressed their interest and support for a South Bend based, off leash Dog Park. Additionally, on page 31 of the City of South Bend Parks 5 -year Master Plan 2014 — 2018 the report states that, "Dog parks are a rising trend for parks and recreation. 2013 was the second year that dog parks were the top planned addition to parks and recreational facilities'. Indianapolis has eight (8) dog parks and dog runs. Fort Wayne's Parks and Recreation Department operates the "Pawster Park Pooch Playground" in Foster Park and runs "Camp Canine" in Johnny Appleseed Park and in Foster Park West. Fort Wayne began offering in 2010, a "Dog Agility' course which includes six (6) canine agility equipment pieces to provide fun activities for "dogs of all sizes and abilities ". Last November, the Evansville Parks and Recreation Department announced a new dog park in their Roberts Park location. Off leash dog parks provide many benefits. They promote a sense of community building through socialization, they encourage responsible pet ownership and they provide pet owners and their dogs a safe place to exercise and play. Decisions such as where multiple dog parks should be located, the rules & regulations governing all dog parks should be based on what serves the best interest of our city. It should be based on a review of all Resolution on Recommendations from the Elbel Advisory Committee Page 2 Recommendation 4: Park Department and Park Board, in conjunction with public input, update the City of South Bend 5 -year Park Master Plan, Advisory or standing committees must be formed. Recommendation 5: Parks Department manage and maintain Elbel Golf Course throughout 2016 and funds be designated as such for FY 2017. Future use decision is deferred at this time and will be contingent/informed by findings /outcomes of Recommendations One (1) through Four (4). Public access must be guaranteed and ecological integrity assured. Recommendation 6 (Oversight): Monthly progress report updates on Recommendations one (1) through Five (5)) are to be integrated into the public meeting agendas for both the Park Board and Common Council's Parks, Arts, Recreation and Culture Committee. Section II. The Common Council hereby accepts and approves the recommendations set forth in Section I, recommended by the Special Advisory Committee on Elbel. The Council further thanks all of the members of this special advisory committee for carrying out its duties and responsibilities in a fair, effective, transparent, and inclusive manner. The Common Council thanks all of the members of the public who participated in the public meetings or engaged in this issue and thereby helped bring about a deeper and robust exchange and consideration of this asset's value to our community. Special gratitude is extended to the staff of the office of the City Clerk who staffed the committee and effectively maintained all documentation in a highly accessible manner. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. VL Coun ember Jo Broden, 4' District Council Member Council Member Randy Kelly, 31d District Council Member Council Member Karen L. White, Council Member at Large Filed in Clerk's Office APR 2 0 2016 KAREEMAH FOWLER CITY CLERK, SOUTH SEND, IN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ADVISORY SPECIAL COMMITTEE'S RECOMMENDATIONS ADDRESSING ELBEL GOLF COURSE AS A SHORT AND LONG-TERM ASSET OF THE CITY OF SOUTH BEND, INDIANA ft;., on February 8, 2016, the South Bend Common Council adopted Resolution No. 4530 -16 which established a 5- member advisory special committee whose mission was to "study and recommend all reasonable and viable options" for Elbel Golf Course; and this special committee was able to gather much valuable data and information which was made available to the public, with access now being 24- hours, met as a committee in four (4) public meetings to hear from the public, as well as, golf course operations and management, land use, environmental, ecological, educational, recreation, park department and City staff, and other experts, and which prompted meaningful exchanges of ideas, considerations, complementary uses, options and alternatives; and �X" on April 13, 2016, the Advisory Special Committee, whose membership consisted of Council Member Jo Broden, Council Member Karen L. White, Council Member Randy Kelly, Park Superintendent Aaron Perri, and Dan Farrell of the Board of Park Commissioners unanimously affirmed six (6) recommendations; and were subsequently approved unanimously by the Board of Park Commissioners on Monday, April 18, 2016, and thereby, are now forwarded to the South Bend Common Council for their review and action. Section I. The Common Council acknowledges that the Advisory Special Committee, which was created for the purposes of addressing Elbel Golf Course as a short and long term asset of the city, set forth six (6) recommendations which are as follows: Recommendation 1: Engage a Golf Course management Consulting Firm for all 3 Courses to assess: - Greens & turf management - Capital improvements - Rates & marketplace position analysis - Best management & financial practices - Marketing strategy - Complementary use plans & feasibility - Interviewing of users - Engage with local golf experts - Environmentally sustainable course maintenance - Staffing - Ecologically South Management Practices Recommendation 2: Engage Ecological Assessment Consultants to assist with the development of a park -wide Natural Resource Management Plan by June 2017. Recommendation 3: The existing work product of the Special Advisory Committee on Elbel, the ongoing engagement and collaboration of local experts, City Departments, key stakeholders, and the public must be integral/embedded in the contractual terms of City hired consultants. Fax: 574.235.9173 April 20, 2016 The South Bend Common Council 4s' Floor County -City Building South Bend, Indiana 46601 The South Bend Common Council 4a' Floor County-City Binding 227 West Jefferson Boulevard South Bend, Indiana 46601 -1830 274.235.9321 Re: Special Elbel Advisory Committee Recommendations Dear Council Members: Bill No. 16 -45 TDD: 574.235.5567 The attached proposed Resolution sets forth the recommendations made by the Special Elbel Committee, which was created by a Resolution of the Council to study and recommend to the Council, the Board of Park Commissioners and the Mayor "all reasonable and viable options for the property known as the Elbel Golf Course as a short and long term assets of the City of South Bend, Indiana '. In the interest that requisite information be gathered, public engagement be valued, and due diligence continue in the discernment of this unique City asset, we urge you to carefully review the recommendations so that they may be discussed at next Monday's Parks, Recreation, Cultural Arts & Entertainment Committee, and then voted favorably upon by the Common Council that evening. Most sincerely, a ro A. 0 District Common Council Member K L. V& At Com o of ci� Randy Kelly, 3'd District Common Council Member Attachment Filed In Clerk's Office APR 20 2016 EEMAH FOWLER CITY CLERK, SOUTH BEND, IN gpUT$ F� U C4 IUA Kass OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK February 15111 2016 TO: CODE ENFORCEMENT, FIRE DEPARTMENT, POLICE DEPARTMENT F, ROM: EMILY SEXTON, ORDINANCE VIOLATION BUREAU CLERK Hello, The following scrap metal application is in need of review. PIease review the site plan along with the application, and sign/date on the line for your department once approved. In order to get this application to each department in a timely manner, please do your best to respond within 3 working days. Once completed, please returned to the City Clerk's Office inner office mail ATTN: Emily Sexton, when completed. Thank you and have a wonderfitl day, Emily Sexton Ordinance Violations Bureau Clerk Office of the City Clerk 227 W Jefferson BIvd., Rm 455 South Bend, IN 46601 674 -245 -6052 esextonQa southbendin gov 455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601 Phone 574235 -9221 • Fax 574235 -9173 • 'IDD 574235 -5567 • www,SmthBendIN.gov JENNIFBR M. COFFMAN ALKEYNA. M. ALDRIDOE EMILY SEXTON CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK DEPARTMENT OF CSQE ENFORCEMENT SCRAP YARD INSPECTION FORM DATE: BUSINESS NAME: BUSINESS ADDRESS: Is opaque fencing in good repair: Yes No Is chain link fencing in good repair: Yes _ —.No Is there litter or debris around exterior part of the business: Yes �o Is there any evidence of rodents: Yes_ No Are there any nuisance violations that were cited: Yes Ae--41, No If yes, the citation was given for: General Comments: Inspectorr!!y'��. Sept. 2013 Hay, Tom Anderson The Alternative Two L.L.C. on 700 West Chippewa wasn't open, to an inspection of the scrap yard facility. Now I can go back on Monday, after 1 call of course first, than go out there if you like to inspect it. Thank You Ed Williams 1 .. IRK 1865 . . . . . . . . . ...... ONVONOW POT.j. top, 1t z All i Scrap Metal'Dea#er /Junk DealerlRecyciing Operation License Application Page 2 K. Are premises: _.._ leased by applicant L".) owned by applicant? IV, V. If leased: Name of owner Business address PERSONAL DATA A. Applicant's t eo Name S. Residential Address City I State e-LA Zip C Residential Telephone Number D. SSN �Cl -�., F g � - E. Date of Birth -J.2=-- INCLUDE, WITH APPLICATION, A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING " OCK FU STORAGE, AND LANDSCAPING. ;�� enaos FUEL INCLUDE, WITH APPLICATION, A $5.00 PROCESSING FEE VI. AFFIRMATION I., hereby, certify and affirm that all of the Information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that t have in no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer /Junk Dealer /Recycling Operation/Transfer Station license found in the City of South Bend Municipal Code, Section 4-5? f Signature T, ,?a fit? [VG. FA emu!! to Uwe arj C.' /a LICENSE APPLICATION FOR CITY OF SOUTH BEND, INDIANA South Bent( Municipal Code Section 4-51 Check One: NEW „ENEW BUSINESS DATA A. Type of lice applied for 'SCRAP METAL. DEALER JUNK DEALER RECYCLING OPERATION B. Business Name i"P_i�l'1G'c' �1 r(�, � C. easiness Address 1 ` City .�'t�'t--- --=�1 - State // ZIP C� D. Mailing Address (if different from, above) City Sate ZIP E. Business Telephone dumber( F. Business Fax Number -7 G. E -mail Address t H, Zoning of proposed location --r-y I. Lot size of premises J, Type of fencing used Jam Please Continue to Page Z (back of sheet) lance. -17 AAPiia€oh-F_auu 86-h b - �::•:- ' #;i;- _ � ^: %f: ".:: = }'. ••;:STS •��- r,''... ^f..� lx- !�i'@.'��. -.. 'iC�.. y� ,•r 5! �. �t:.:!.^�: ^ _ ,,,.r��,y- _ .gf?s. -+"' -fY .s.szsa:�c v��f11••�':s ;c_..�..i :,.yam: ..:? -,.'�” t <,!�S► •/;,•tC x�-.. i 'r • � }�'.::. .' f. / - —_ .yfy�,.-y .. fY ri'�Y.: :f �C...: ^ ::.a.• /!tl T.r.:ir_ ...... . - _ ��' Py1J :- ^v -••r. ,.,/� may,, •yy _ r_ _ ;�a ^yam:• - y.. . K`• it 1. ._... -= ��.{�%:.... ^. �� 'fir'•' ��'_�.fLr:�2:••� _ � : :.. -. : _ xacs OFFICE OF THE CITY CLERK KAREEMAH l'owLER, Crry CLERK February 17!6, 2415 TO: CODE ENFORCEMENT, FIRE DEPARTMENT, POLICE DEPARTMENT FROM: EMILY SEXTON, ORDINANCE VIOLATION BUREAU CLERK Hello, The following scrap metal application is in need of review. Please review the site plan along with the application, and sign /date on the line for your department once approved. In order to get this application to each department in a timely manner, please do your best to respond within 3 working days. Once completed, please returned to the City Clerk's Office inner office mail ATTN: Emily Sexton, when completed. Thank you and have a wgpderful day, Emily Sexton Ordinance Violations Bureau Clerk Office of the City Clerk 227 W Jefferson Blvd., Rm 435 South Bend, IN 46601 574 - 245 -6052 esexton�southbendin.1ov 455 County-City Building • 227 W, Jefferson Boulevard • South Bend, Indiana 46601 Phone 574-235 -922I • Fax 571 -235 -9173 • TDD 574235 -5557 • www.SouthBondiN.gov JENNIFER M. COFFMAN ,A.LKEYNA IVL ALDRIDGE EMILY SEXTON CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERIC .f � !`ttiyy��yy � f. 1 C - { 1p 4� � �l 1 z z' � � v � � rv�',rl I { � .' �., l' �5 1 1 � 1 � h �,: �j ii �r,1 � 1 � t Y�� �5 � v 1�t iii k 4. n���� l� � t kii } 9 I � 1 � .\ '� I� .,`qcC t �`� i':, ;lf � A� , r'itf It f j` \N �.\ d l lea `iE� ` t . � I c: _ ^� C } F 3' �f f ��/ .' -:iY\ S 1. �' :i 1�Y.�f��rR ... {i .. f ���, v.5 � � - .. �. .f � !`ttiyy��yy � f. �i � � Yom- * i� � -i ;� �U F'�� � �S s, � ?�;~ �� irk' � � �'E � h �,: �j ii �r,1 � 7.. � 1���}+�� r :t �` ,� sl�,.z .Z a eve. �'_ {�-� av �y s... .. .. . - .. ..� Scrap Metal Dealer /Junk Dealer /ReckdIng Operation License Application Page 2 K. Are premieee: Leased by applicant L-"" ovmed by applicant? if leased: Name of owner - - -- -- a�� ty ---- L[ S"Z 07c c...a Business address 3 J t Ce-Ar, i .a, ;.t V-e- 6 . Ill. PERSONAL DATA A. Appfiaarft Legal Name _ - - - -621�& �- /`-'7 //c .?o J 13. Residential Address 2 2,.1 �'?} �y'f3 /V rA 2 4 City g z n State zip�'� t �I C. Residential Telephone Number 2- -C—' 7 Z1�'-17 D. SSN 3f cy "? 2.Z q l Z..:—, E. Date of e#th IV. INCLUDE, WITH APPLICATION, A SITE PLAN OF THE FACILITY SNOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE, AND LANDSCAPING. V. INCLUDE, WITH APPLICATION, A $5.00 PROCESSING FEE VI. AFFIRMATION 1, hereby, certify and atrmn that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer /Junk Dealer/Recycling Operation/Transfer Station license found in the City of South Bend Municipal Code, Section 2-0 ! G Date UCENSE APPLICATION FOR " CITY OF SOUTH BEND, INDIANA SoO Send Municipal Code Section 451 Check One: NEW RENEWAL BUSINESS DATA A. - Type of %canoe applied far B. SCRAP METAL DEALER RECYCLING OPERATION Business Name � "► "' iF sp JUNK DEALER G-S C. Business Address Y ' Cr •7 State .LCD S� G� l D. MsuTmg Address (if difierent from above) City ate Zip E. Business Telephone Numbers F. Business Fax Number — G. E -mail Address H. Zoning of proposed location si 1. lot size of premises J. Type of fencing used tn. C Please Continue to Paige 2 (back• of sheet) 'Atttion i4ppcaonF ®eYRaid: y f -: ;Poll:De Records.,.- 'r { • Ise.— �- i.:• f•• �r.yti.-'..• N• >PY.9^ f t`yai..,t . Serrt- io' D` paur6rients 'P6>rt,e�st'rin+�ntr.: :Co mon ,Counclll �ippil v . `Codnforterfy' :8u'' ding YDrapt { :, ; t • : ;; .., Lice�iee`NWrntie►r -,;. 811rJ�%© 'Nat�,lt4 #Proved -Reasons :'• - . f I865 OFFICE OF THE CI'T'Y CLERK KAREEMAI3 FOWLER, CITY CLERK February 12!% 2016 TO: CODE ENFORCEMENT, FIRE DEPARTMENT, POLICE DEPARTMENT FROM: EMILY SEXTON, ORDINANCE VIOLATION BUREAU CLERK Hello, The following scrap metal application is in need of review. Please review the site plan along with the application, and sign/date on the line for your department once approved. In order to get this application to each department in a timely manner, please do your best to respond within 3 working days. Once completed, please returned to the City Clerk's Office inner office mail ATTN: Emily Sexton, when completed. Thank you and have a wonderful day, Emily Sexton Ordinance Violations Bureau Clerk Office of the City Clerk 227 W Jefferson Blvd., Rm 455 South Bend, IN 46601 574 -245 -6055 esexton@Aouthi)enclin.gov 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.SouthBendrN -- JENNIFER M. COFFMAN ALKEYNA M. ALDRom EMILY SEXTON CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK REPARTMENT OF CODE ENFORCEMENT SCRAP YARD INSIZLMON FORM DATE: BUSINESS NAME: BUSINESS ADDRESS: OIL[ Is opaque fencing in good repair: Yes 0 Is chain link fencing in good repair: Yes No Is there litter or debris around exterior part of the business: Yes No Is ihere any evidence of rodents: Yes Are there any nuisance violations that were cited: Yes No If yes, the citation. was given for. V� • Sept 2013 +„4� Ay Y""�'�,' \ � ! ti' r C':/ �.� €-mac hc. a�'�'xt ✓ €zj7r efii •'_% �- ^-S ��� qF'�� roc .' •. / r J } f a.. �( ��o '�`� .. � �� ����� ��f���F�� Zi . c - M. "f �.GS � � � �L.�n4• a 0 � � a � 1( a 4( X vY r Mtn t u dr� IF rfwjLb rwKG^-n v • pq a . _— • — -- ..... WWI t r%- LICENSE APPLICATION FOR CITY OF SOUTH BEND, IND South mend Municipal Code Sedw Check One: , NEW /RENEWAL BUSINESS DATA Filed in FEB 12 2 016 11 017YCLERK, �'-JUl H r3ENC, IN A. Type of license applied far. `. FPr.offf6ie -use onl �,�r lF{,i:' !�:' .•S:' Wit'.• ..�' %�n�'••�e .�.- ••�":� is Filed:; W SCRAP METAL. DEALER � _ JUNK DEALER Potit+eDelrt:-- Ri+cords RECYCLING OPERATION inlV=� m mmon Co unciliPProv�l Business I - 1 hu*-- Par�s B. Name 1. C. Business Address o f , Ldr-AWdr7716 l 1 d d CRY �:. rrl� State :Ed,/ Zip &!;g r 3 D. Mailing Address (if ddb ent ftm above) City State zip E. Business Telephone Number 7 a 3 F. Business Fax Number G. E -mail Address H. Zoning of proposed location X..c.f 21u t f rr , q.' L Lot size of premises J. Type of fencing used A,, t Y t Cw-� � Please Continue to Page Z (back of sheet) 'APPl1��ig ��Applicati .BuIltlNng:l�e of 1pp.r Reason: �.. ed _ `. FPr.offf6ie -use onl �,�r lF{,i:' !�:' .•S:' Wit'.• ..�' %�n�'••�e .�.- ••�":� is Filed:; W WaEer'Wor�' Fee y ald -- P Potit+eDelrt:-- Ri+cords ii iienfs P A bi k inlV=� m mmon Co unciliPProv�l 1. 1rzar4aj16 C.A.D.I.S. - Police Prim- AFkTW #000122994 AFIS /South Bend No. 0000122994 SSN: 307 -62-6649 FBI No. I.S.P. No. Name: THOMAS CHARLES BROGDON Date of Birth: 04/01/1953 Place of Birth: IN Sex: MALE Race: WHITE Height: 4'0" Weight: 150 Complexion: Build: SMALL Hair: Eyes: Scars /Marks /Tattoos: Next Of Kin: Image Not Available Address / Previous Address City State TX 1806 S ROBINSON SOUTH BEND IN (574)234 -7591 Name / Alias DOB SSN 306 -62 -6649 CRIMINAL HISTORY - DATE AGENCY CASE CHARGE DISPOSITION 02/01/2006 SBPD 0602362 DOMMOLENWRESISTING 2 -28 -06 DISMISSED South Bend Police Department - Saivey Software 2003-2007 http: // 153 .78249.19(prirKsipoiice.php?afis six000122994 111 DEPARTMZNT OF CODE ENFO� NT SCRAP YARD INSPECTION FORM DATE: ; —1 "( 'I7 BUSINESS NAME: 4 5 13USMSS ADDRESS: _ ;-V /V - �, B/' /L '. Is opaque fencing in good repair: y" Yes No Is chain link fencing in good repair: 6f! Yes No Is there litter or debris around exterior part of the business: Yes �No Is there any evidence of rodents: Yes y No Are there any nuisance violations that were cited: Yes i NO If yes, the citation was given for: General Comments: Inspector: C ��!'�C� Sept. 2013 S s" I 6` /3h 76' �� l e .�, f . rf ��,✓ i E J Q fit^ GS �1 y }f} tlw I Scrap Metal Dealer/Junk Dealer /Recycling Operation License Application Page 2 K. Are premises: ' Leased by appikaant , �_ 0*1W by appiicaW Name of t vAw Business address Ill. PERSONAL DATA A Appiicenrs L"W Noma .ThOM46 +- 3.16!4 ..� B. RnIde tiel Address---J244 . b� M stun 5 city _ &o.-1-/, &id/ state dip Y&e."3 C. Reskieritiai Telephone Number 6-7!Z- algf- 7sl i D. SSfii _ 3 C37 -� --L G E. Date of Birth IV. INCLUDE, WITH APPLICATION, A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE, AND LANDSCAPING. V. INCLUDE, WITH APPLICATION, A $5.00 PROCESSING FEE Vt. AFFIRMATION 1, hereby, certify and affirm that all of the information I have given In this application Is true and accurate to the best of my knowledge. I further certify and affirm that I have in no way attempted to mislead the City In this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer /.Junk Dealer/Recycling Operation/Transfer Station license found In the City of South Bend Municipal Code, Section 4-5?. J C, t Date LICENSE APPLICATION FOR S, CRAIG MML DEAI.ERS/JUNK DEALERECYI ., CITY OF SOUTH $END, INDIAN South Bend Munloipal Code Section 441 I. Check One: NEW ,- % RENEWAL if. BUSINESS DATA A. Type of tide applied for '✓ SCRAP METAL DEALER � JUNK DEALER RECYCLING OPERATION S. Business Name _ IA~ / 4 k r'a 40-r- f S C. Business Address .2011 city i f&- df&W State .. .... Zip .... 666. / 3 D. Mailing Address (H different from above) city State -- ZIP E. Business Telephone Number F. Business t=ax Number G. E-mai< Address K ZDning of proposed location /ikg.& Z A4t . <-A-,a I. Lot size of premises _ .me- g f fa .a L e l L J. Type of fencing used rr, cja a Please Continue to Page 2 (back of sheet) For Offtae Use t3niy Application Filed Applic0lon F..eeVaid DOM LICENSE APPLICATION FOR � Ae-RAD Wtwrwr ^L".. Vi t T vi- SOUTH $END, INDIAN Sour send Munidpal Code Sewon 441 i. Check One: NEW _RENEWAL It. BUSINESS DATA A. Type of 1100MO applied for: SCRAP METAL. DEALER - .- ...__�._...,_. JUNK DEALER RECYCLING OPERATION e. Business Name In> /� g C. Business Address 2o t q -jfj jue City t State . zip D. Mailing Address (If diffavM from above) CNy State ZIP E. Business Telephone Number R Business Fax Number. G. E -mail Address K Zoning of proposed Location 1. Lot size of premises J. Type Offorueng used ---jji, rr►r. h Please Continua to Page 2 (back of sheet) For OWce jjt;e*My Application Filed AppRaWon Fee•PaId Sent�o��ra�J.e�s � t- -=-s -y •7Y� •!• , ����.iiw��l�i�i�i OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CMRK March-11`3 2016 TO: CODE ENFORCEMENT, FIRE DEPARTMENT, POLICE DEPARTMENT FROM: EMILY SEXTON, ORDINANCE VIOLATION BUREAU CLERIC Hello, The following scrap metal applications are in need of review. Please review the site plan along with the application, and sign /date on the line for your department once approved. In order to get this application to each department in a timely manner, please do your best to respond within 3 working days. Once completed, please returned to the City Clerk's Office inner office mail ATTN: Emily Sexton, when completed. Please return the full application, as well as the site plan. Thank you and have a wonderful day, Emily Sexton Ordinance Violations Bureau Clerk Office of the City Clerk 487 W Jef%rson Blvd., Rm 455 South Bend, IN 4466oi 574 - 245 -6052 esexton&southbendin.gov 455 County -City Building • 227 W. Jef emon Boulevard • South Bend, Indiana 46601 Phone 574 - 235 -9221 - Pax 574-235-9173 - TDD 574 -235 -5567 • www.SouthBendfN.gov JENNIFER M. COFFMAN ALKEYNA M. ALDRIDGE EMILY SEXTON CHIEF DEPUTY DEPM ORDINANCE VIOLATION CLERK %lap Output ArclMS Viewer Map Q 4 OPF <TO 4 4 1 of I jjjf%-4jjjatj4Ml'.;h0%Vn On this arlp is not watTantA.-d for aLcuracy or merchantability, Reproduction of this material its ma ixx tittle %vidmill the written tvmission of the Miehiana Mom Coundl of Governments. Z� hilp:ll%vww.ill,ict)g,c-lis.ctlmlaj',Lifli.sliiiii?.Scj-viccNanic=fvlACOGO%-crvicwMap&CIieniVersion=4.o&Ft)l,m... 1/16(200k, Lntnistt L L -ctia -1 s.vi--Lvv S. jjjf%-4jjjatj4Ml'.;h0%Vn On this arlp is not watTantA.-d for aLcuracy or merchantability, Reproduction of this material its ma ixx tittle %vidmill the written tvmission of the Miehiana Mom Coundl of Governments. Z� hilp:ll%vww.ill,ict)g,c-lis.ctlmlaj',Lifli.sliiiii?.Scj-viccNanic=fvlACOGO%-crvicwMap&CIieniVersion=4.o&Ft)l,m... 1/16(200k, / v ✓�'S`r y fJ @ iS L c, o+'"' r� z •PE'06, rI �f� � a z � w�t��y4pCS/ y J r• °e� } 7(� - t oo♦ r+•♦ l+ L .f. r r ,v fy 'Tk c �P�� In S (' t c y A `J !/j�S .FF. r a r F � 4 � L - 1 ' t F' F 1 y� tt{ • I I DEPARTMENT OF CODE RCEWNr SCRAP YARD MSPEC11 N FORM DATE: BUSINESS NAME: BUSINESS ADDRESS: A/ Is oPaque fencing in good repair: // / (�'A7 O t — Yes No Is chain link fencing in good repair: ' Ycs No Is there litter or debris around exterior paft of the business: Is there any evidence of rodents: ---- Yes No j "---- Yes X No Are there any nuisance violations that were cited: Yes No If yes, the citation was given for: General Comments: Inspector: Ce ea, r Sent 2nit lfw(4 _.A� AM LICENSE APPLICATION FOR ,ITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4-51 Check One: NEW &--' RENEWAL BUSINESS DATA - A. Type of license applied for: SCRAP METAL DEALER JUNK DEALER / RECYCLING OPERATION B. Business Name pa- S" :*e 4- 0 x'z•w4 c.�i ✓.sr. C. Business Address l `7 ma GtJ _1�5� rbe r. bZ Ad �• City State �__00 zip D. Mailing Address (If different from above)a City `jd �., i %eav state :1� Aj zip E. Business Telephone Number _?;7S W .3 y4 F. Business Fax Number y G. E-mail Address H. Zoning of proposed location 1. Lot size of premises J. Type of fencing used /1-f e— -r, Please Continue to Page 2 (back of sheet) For Office Use Only Application Filed Water Worts Application Fee Paid ,� notice Deft: -- Records Sent to Depitiments pollae .}ePt::��•: F.regi► t�`�`: ;'. .' won ihcfl AAproYal pgpt:� Codes 0forc > nt- Suringet LOen, Not: irovod Rer: toll •`z 1a 3865 OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK February 211�, 2016 TO: CODE ENFORCEMENT, FIRE DEPARTMENT, POLICE DEPARTMENT FROM: EMILY SEXTON, ORDINANCE VIOLATION BUREAU CLERK Hello, The following scrap metal application is in need of review. Please review the site plan along with the application, and sign/date on the line for your department once approved. In order to get this application to each department in a timely manner; please do your best to lespond within 3 working days. Once completed, please returned to the City Clerk's Office inner office mail ATTN: Emily Sexton, when completed. jI'll Thank you and have a wonderful day, Emily Sexton Ordinance Violations Bureau Clerk Office of the City Clerk 227 W Jefferson Blvd., Rm 455 South send, IN 46601 574 - 245 -6062 esexton(a,southbendin gov do tr; .��r lit sk (y �i 0� �f 455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601 Phone 574-235-9221 • Fax 574 - 235 -9173 • TDB 574 -235 -5567 - www.SouthBendIN.gov JENNIFER M. COFFMAN ALKEYNA M. ALDRIDGE EMILY SEXTON CHIEFDEPUTY DEPUTY ORDINANCE VIOLATION CLEM vlapOmpat ArclMS Viewer Map page t of I ii is ii :its vi -,v-1 AOW .. ve.. PER is bAculmdon Mown an this map is noo-varranted for wcaracy ormerchantabillty. Rqvocluciion orrm. material > 4 not passible Without JW u-Thica pernils-4on of the Midilanu Men cownsit or is Scrap MeW Healer /Junk Dealer/Recycling Operation License Application Page 2 K. Are premises: Leased by applicant owned by applicant? N leased: Name of owner Business address ill. PERSONAL DATA A. •Appitcarrfs. Legal4ave B. Residential Address . Cl -73-0 c!:�c -2- L S- City Sate -Do Zips C. Residential Telephone Number _ - -n>, C-/-o -- Tr Yp 2 D. SSN 26- E. Date of Birth s IV. INCLUDE, WITH APPLICATION, A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE, AND LANDSCAPING. PAl g r &- -- V. INCLUDE, WITH APPLICATION, A $5.00 PROCESSING FEE VI. AFFIRMATION 1, hereby, certify and affirm "that all of the information I have given in this application IS true and accurate to the best of my knowledge. I further certify and afftrm that i have in no way attempted to mislead the City in this application by omitting facts known to M. I have read and understand the regulations of the Strap Metal Dealer /Junk Dealer/Recycling Operationfrransfer Station license found In the City of South Bend Municipal Code, Section 4-51. S� Date LICENSE APPLICATION FOR SCRAP LTA L DF&FRS/JUNK DF_ALERSIRECYCLiNG OPEIA'l0Ir1S CITY OF SOUTH BEND, IND AI NA� South Bend Municipal Code Section 4-'61 I. Check Cane: NEW `RENEWAL II. BUSINESS DATA A. Type of license applied for. SCRAP METAL DEALER � JUNK DEALER RECYCLING OPERATION B. Ousiness Name _ S C e✓4f 2 C. Business Address 6/-• 0 city ,,"uvula g=,.A4 state _/ zip r1''f ra D. Mailing Address (if different from above) city State Mp E. Business Telephone Number __ -- ? `ti'r F. Business Fax Number 1 G. E-mail Address' /t'i ! S / Gy t fQ. �'a pE cop ,�, H. Zoning of proposed location /'Y.•* -�+ ti Diu +�� r� �°t 1. Lot size of premises �. J. Type of fencing used - - �• � f r Please Continue to Page 2 (back -of sheet) For Office Use Only Application Filed wAi r works AppRoMon h'ee OAd Paiiae��{�s��. � Air sent-40-b6 - - V�i SM '•� `JII t �{7�J •lp,`{ . 1. : � - ei`? f' : ' � LICENSE APPLICATION FOR :ITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4-51 Check One: NEW , ,_ ✓ RENEWAL BUSINESS DATA A. Type of license appl€bd for; SCRAP METAL DEALER JUNK DEALER RECYCLING *OPERATION B. Business Name ? sSG � cpa C. Business Address •� �- !i .� , !.V 4&6"r- - cam; ;p— City _r>t9 c, - g� 155e k State -!o Zip D. Mailing Address (If different from above) -- '� T ort JA—A- - $• City Sep d a� State 2A.) Zip E. Business Telephone Number _ ��j y- 1�'- _ VC? F. Business Fax Number 5 C{ , 2 > f - SS- &—g, G. E-mail Address /til /Lt o yese. N. Zoning of proposed location 1. Lot size of promises �'�` $' • Z �c J. Type of fencing used Please Continue to Page 2 (back of sheet) For Office U",Only Application Filed Application Fee Pard Sent.to Departments,�� Fire D"r'tmeat� Code����etat o � Z Wat Abprowd. . Rem:. Wa#er Wgrks Politics Qept. -� �$- Police Dem...- L`�rne hoy. Cdnvn -n LA i► s LICENSE APPLICATION FOR South Bend Municipal Code section "i Check One: NEW Oe' RENEWAL BUSINESS DATA A. Type of license applied for SCRAP METAL, DEALER `� JUNK DEALER AECYCLING OPERATION e. Business Name C•�°w4 C. Business Address City �;iv� State- Zip D. Mailing Address (If different from above) City State Zip E. Business Telephone Number .s' > V, 2- > -- F. Business Fax Number Il G. Email Address %i'i'lei detest S CQ H. Zoning of proposed Location I. Lot size of premises J. Type of fencing used r� f Please Continue to Page 2 (beck of sheet) For Office Use Only ApplimtIon Filed Wei'_W61*9 AppNeation+Ele :P�i1'liasf' S :o'Dejxaiieii "t',' . etrt OFFICE OF THE CI'T'Y CLERK KAREEMAH FOWLER, CITY CLERK March 11th. 2016 TO: CODE ENFORCEMENT, FIRE DEPARTMENT, POLICE DEPARTMENT FROM: EMILY SEXTON, ORDINANCE VIOLATION BUREAU CLERK Hello, The following scrap metal applications are in need of review. Please review the site plan along with the application, and sign/date on the line for your department once approved. In order to get this application to each department in a timely manner, please do your best to respond within 3 working days. Once completed, please returned to the City Clerk's Office inner office mail ATTN: Emily Sexton, when completed. Please return the full application, as well as the site plan. Thank you and have a wonderful day, Emily Sexton Ordinance Violations Bureau Clerk Office of the City Clerk 227 W Jefferson Blvd., Rm 455 South Bend, IN 4660I 674- 245 -8052 esexton nsouthbendin.gov 455 Coanty -City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601 Phone 574- 235 -9221 • Fax 574235 -9173 • TDD 574 -235 -5567 • www.SouihBendIN.gov JENNIFER A COFFMAN ALKEYNA M. ALDR€DGE EMILY SEXTON CHmFDE'PuTY DEPUTY OPWINANCE VIOLATION CLERK 6p output ArcIMS Vicwer Map 14 Min 771 77- Ago Md*.. 7 A4 �A k. icy Page I of I 13 0 L 5:;A t id Information slum it on 111b, n1ap is rK-4 warranted for accurac)- or merchantaN I ity. Reprodik-tion of this materinj ip nut pm-sible Mthout the maitten pennk%ion of rhc Michiana Area Ommcit of Government%. DEPARTMENT QF COD ENFORCEMENT SCRAP YARD INSPECTION FORIVI f DATE: -.- BUSINESS NAME: C5, r BUSINESS .ADDRESS: Is opaque fencing in good repair. ` ,'A4 .� 1zq(. - t .. yes / No Is chain Hak fencing in good repair. Yes No Is there litter or debris around exterior part of the business: yes No Is there any evidence of rodents: Yes >-, No r Are there any nuisance violations that were cited: Yes ?G' No If yes, the citation was given for: General Comments: Inspector: ° - Sent 2011 t gq V/'V 4 LICENSE APPLICATION FOR CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 451 FIIG lln Cfe Check One: NEW RENEWAL JOHN tags BUSINESS DATA orry K soulw ssao, t14 A. Type of license applied for: / �SCRAP METAL. DEALER C/ JUNK DEALE =R �;�RECYCLING OPERATION B. Business Name U S C. Business Address /d6 /0 C—,/ te� City State _-/l9 zip > D. Mailing Address (if different from above) -I- Z_ City _tm9 !e L. 1 4_`FUCL State Zack zip e14 C7 fi E. Business Telephone Number > — i¢p g''/-0 g' F. Business Fax Number _ X'> G. E-mail Address -- /t'l Al 44C/ S C • CC') H. Zoning of proposed location 1. Lot size of premises J. Type _ of fencing used /�i- fir"•f Please Continue to Page 2 (back of sheet) For Office Use Only Application Filed Application Fee Paid Sent to Depart tents �uildiriH°fl .. . 1Vot AY'ovad Dean: Water Woft P -611ce Dept. — e the Prev. commom l;tim �proval 4� ia:�ald .. . 0:..�:.r� ..,:..::....... OFFICE OF THE CITY CLERK KAREEMAH FowLER, CITY CLERK March 11th, 2015 TO: CODE ENFORCEMENT, FIRE DEPARTMENT, POLICE DEPARTMENT FROM: EMILY SEXTON, ORDINANCE VIOLATION BUREAU CLERK Hello, The following scrap metal applications are in need of review. Please review the site plan along with the application, and sign/date on the line for your department once approved. In order to get this application to each department in a timely manner, please do your best to respond within 3 working days. Once completed, please returned to the City Clerk's Office inner office mail ATTN: Emily Sexton, when completed. Please return the full application, as well as the site plan. Thank you and have a wonderful day, Emily Sexton Ordinance Violations Bureau Clerk Office of the City Clerk R4 7 W Jefferson Blvd., Rm 455 South Bend, IN 46601 574 - 246 -6062 esexton southbendin.gov 455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 4"01 Phone 574-235-9221 • Fax 574-235-9173 • TDD 574235 -5567 - www.SouMendIN.gov JENNIFER 1W COFFMAN ALKEYNA hL ALDRIDGE EMILY SEXTON CIIIEFDEPUIY DEPUTY ORDINANCE VIOLATION CLERK Xr A idx W-1 vlap Output ArcINIS Viewer Map Pkee I (if I L Aid A L- AJ9 7. P3 'qty V y ? Pkee I (if I 1nfbrrnarion.hnxvn on this Mal) is not warranted (tv accoracy tv merchantability. Repr(Atiction of this material is not poc.4ble withow the .*Ion pentl6sion of the Michinna Area Council of Goveruments. cr Form... I/ I 012(M, L P3 1nfbrrnarion.hnxvn on this Mal) is not warranted (tv accoracy tv merchantability. Repr(Atiction of this material is not poc.4ble withow the .*Ion pentl6sion of the Michinna Area Council of Goveruments. cr Form... I/ I 012(M, DE RTMNT OF CODE ENFORCEMENT S�„C ,RAP YARD INSPECTION FQRIVX' DATE: z jj //� BUSINESS NAME; BUSINESS ADDRESS: / J Is opaque fencing in good repair. --- �._ Is chain link fencing in good repair. Yes No Is there litter � "� No � or debris azound exterior part of the business: ._._,.� Yes .�--No Is there any evidence of rodents: ` Yes Are there any nuisance violations that were, cited: Yes `_-.- Yes �No If yes, the citation was given for. General Comments: ,PAC ref / Kit Inspector. Sent. 201 3 Scrap Metal Dealer /Junk Deafer /Recycling Operation License Application Page 2 K. Are premises: Leased by applicant owned by applicant? if leased: Name of owner Businsss.address 111. PERSONAL DATA j A. . Applicants Legal Name /�lri G /� -L �° je te r s. B. Residential Address City _<C9 v �-w State � 21p C. Residential Telephone Number // t�Co -� S - ' C� D. SSN �' C c ~C �. E. Date of Birth O 40V IV. INCLUDE, WITH APPLICATION, A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE, AND LANDSCAPING. -,t? Al Z fi (1p, -- V. INCLUDE, WITH APPLICATION, A $5.00 PROCESSING FEE VI. AFFIRMATION I, hereby, certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer/Junk, Dealer/Recycling Operation/Transfer Station license found in the City of South Bend Municipal Code, Section 451. Signature Aale )$Wove $14 LICEIVSEAPPLICIA71ON FOR C17Y OF Soalh Owd Code SOOM 4,51 1. check One: NEWA:q„ II. BUSINESS DATA A. Type of tiWse aRDDed for. SCRAP METAL DEALER JUW BMER REGYCLM'OPERATION B flusiness Nance U Sc_ C_ BuslmssAddress- ©! D. Md1no Address (if me rent fr m above) 111, l�X f. -2!".ry Stated) Zip E. easiness T-eleplwe Number _ �-�• gr - saSY -yC9 4's'' F. Swir ess Fax Number G. E -mal Address AfAi e C4, S C? 'z>- M: Zoning of proposed t0000n f. Lot sire of premises J. Type of fencing. used Please COVAnue to Page 2 (back of shale For Ofte fuse -Only APP*41110n Filed of .acs boa Eaa - {- _ . .. co w ''! � Two r On IS65 OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK February 3r�, 2216 TO: CODE ENFORCEMENT, FIRE DEPARTMENT, POLICE DEPARTMENT FROM: EMILY SEXTON, ORDINANCE VIOLATION BUREAU CLERK Hello, The following scrap metal application is in'need of review. Please review the site plan along with the application, and sign/date on the line for your department once approved. In order to get this application to each department in a timely manner, please do your best to respond within 3. working days. Once completed, please returned to the City Clerk's Office inner office mail ATTN: Emily Sexton, when completed. Thank you and have a wonderful day, Emily Sexton Ordinance Violations Bureau Clerk Office of the City Clerk 927 W Jefferson Blvd., Rm 455 South Bend, IN.46601 574- 9,45 -6059, esextonAftuthbendin.gov 455 County -City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46641 Phone 574235 -9221 • Fax 574235 -9173` TDD 574-235 -5567 • www.SouthBend[N.gov JENNIFER M. COFFMAN ALKEYNA M. ALDRH)m E iLY SExroN CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK c MEN NORTH ImdKM Yxd Y_ o t a.rssowMe..r.roa�s omn!Source Corporation �� Scrap Metal Dealer /Junk Dealer /Recycling Operation License Application Page 2 K. Are premises: . Leased by applicant �_ owned by applicant? If leased: Name of owner Business address 111, PERSONAL DATA A. Applicant's Legal Name S. Residential Address - !15!2 �J'J • �Plt.('4R7 _ m city t.�.1ar-� State _ ZIP _41 C. Residential Telephone Number 1=. Hate of Birth IV. INCLUDE, WITH APPLICATION, A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE, AND LANDSCAPING. V. INCLUDE, WITH APPLICATION, A $5,00 PROCESSING FEE VI. AFFIRMATION f, hereby, certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer /Junk Dealer /Recycling Operation/Transfer Station license found In the City of South Bend Municipal Code, Section 451, Ankal-�� /A 2,11 f6 mature Z 15ate i i LICENSE APPLICATION FOR l"iii LRATIO re t/z � SCRAP M . L DEA�,ERSI�UNK DEALERSI�Y'CLINNS CITY OF SOUI H BEND, INDIANA "' South Bend Municipal C od ection A F110d Check One: NEW RENEWAL LAN BUSINESS DATA wit., aar A. Type of license applied for. SCRAP METAL DEALER JUNK DEALER .� RecycLiNG OPERATION B. Business Name i f inn C. Business Address j' city State zip D. Mailing Address (if different from above) City . State Zip E. Business Telephone Number d�ro F. Business Fax Number w ( 46 G. E -mail Address N. Zoning of proposed location _ — a 1• Lot size of premises 44 r J. Type of fencing used Please Continue to Page 2 (back of sheet) AO .611 forbMao Ali pal iw-gvv+ej� tKIVs: OFFICE OF THE CITY CLERK K"Y"AH FOWLER, CITY CL MK February 2nd, 2016 TO: CODE ENFORCEMENT, FIRE DEPARTMENT, POLICE DEPARTMENT FROM: EMILY SEXTON, ORDINANCE VIOLATION BUREAU CLERK Hello, The following scrap metal application is in need of review. Please review the site plan along with the application, and sign/date on the line for your department once approved. In order to get this application to each department in a timely manner, please do your best to respond within 3 working days. Once completed, please returned to the City Clerk's Office inner office mail ATTN: Emily Sexton, when completed. Thank you and have a wonderful day, Emily Sexton Ordinance Violations Bureau Clerk Office of the City Clerk 027 W Jefferson Blvd., Rm X55, South Bend, IN ¢6601 674 -245 -6052 esextoa&outhbendin. gov, 455 County -City Building - 227 W. Jefferson Boulevard • South Bend, Indiana 46641 Phone 574 -235 -9221 • Fax 574-235-9173 • TDD 574 -235 -5567 • www.SouthBeadiN.gov JENNMR M. CorMAN A LKEYNA M. ALDRwGE EMILY SEXTON CHEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK DEPARTMENT OF CODE ENFORNT SCRAP YARD INSPECTION FORM DATE: 3 -0 � BUSINESS NAME: (? S r r BUSINESS ADDRESS: C I7 Is opaque fencing in good repair: Yes No Is chain.link fencing in good repair: Na d ::. Is there litter or debris around exterior part of the business: Yes Na Is there any evidence of rodents: Yes No f Are there any nuisance violations that were cited: y� o If yes, the citation was given for: General Comments: V , Inspector, SMt M114 valuation S utli Bend Property $262,000 Record Owner NRJ Real Estate LLC Common Name Gertrude Street Metal Recycling Address 3605 S Gertrude St, South Bend, IN 46614 Property Type Industrial Warehouse (Code 350) Land Shape Rectangular Zoning Industrial Property Tax ID # 018 -8155 -5599 Land Area 11.5 Acres Property Taxes $9500 for 2014 Improvement and Infrastructure Summary Main office building, truck scale, security system, Storage /Processing Building, Retail used parts store with inventory racking and 2 store fronts, crushed asphalt in entire yard, concrete fence roadside, chain link around yard Legal Description 849.42' E & W x 589.74' N & S Se Cor Se 11.5 Ac Sec 22- 37 -2e utilities Electric - AEP Water - Well Sewer - Septic Phone - AT&T Natural Gas - NIPSCO _ _ � ,rb ,? �-��s T ;: Y u ,� �. . s ` 3 )j t . � i { �a t 1 ;. S . .... _ _ _. y :;t :...... ... = - - � L ��. _ ?5 � -. „�. - _ { l _ 4 _ � _ _ �, fin. � .',� n� � �' F':. 1 � � � � � � U '7w t- - /ti ' � f ,. _ .. �, Y`: _ -` ,� _ ^ � } `� ,� ..�. - rt :.. .. _ �y --( ,� ,. - c � � � £ EN �_ "' - tit F +^ 3 r ti, ;� r ,�, �: � � � iy� ri `:;3g'. r _,., ,� ��� x ti_ i ��` %- � r E> .7a� iG. i 1 i (.. FENCE f J C Akk STOkAC E f � I ruj V iw I f i i VI Z I Rom, I I � � I ^r I 2 2 �. ! 43 a Y r %n 3 ) C 2 7777� i 1 r �AtLY.�N 4 1 Pool- I ti � •f3XZ�' ! e Coa�cQEtE IvtE '• 1 Grp t r yg� � - - Co�vCtZC,TE FENCE - � Scrap Metal Dealer /Junk Dealer /ReWding Operation License Application Page Z K. Are premises: Leased by applcant ` owned by applicant'? If leased: Name of owner Business address Ill. PERSONAL DATA A. Applicants Legal Name ____.D&u r 13. Residentiaal Address. _ —06*11 city y Gi art. state_ Zap -All t t C. Residential Telephone Number D. SSN " Z - 7 , _ E Dcde of Birth IV. INCLUDE, WITH APPLICATION, A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE, AND LANDSCAPING. V. V1. INCLUDE, WITH APPLICATION, A $5.00 PROCESSING FEE AFFIRMATION 1, hereby, certify and affrnn that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in no way attempted to mislead the City in this application by omitting facts known to me. l have read and understand the regulations of the Scrap Metal Dealer /Junk Deaier/Recycling Operation/Transfer Station license found in the City of South Bend Municipal Code, Section 4-51. 3 0i 20t LICENSE APPLICATION FOR CITY OF SOUTH SEND, INDIANA South Bend'Munidpal Code Section 453 I. Check One: NEW RENEWAL 11. BUSINESS DATA A. Type of license applied for: SCRAP METAL DEALER JUNK DEALER RECYCLING OPERATION B. Business Name C. U0 Buslnsss Address Oct .5' ef u+'G � t" City SoKAA ff2/ld' State -T'V M Mailing Address (if different firms above) 511 City State Zip E Business Telephone Number 269- 241- (0112„E F. Business Fax Number G. E -mail Address 5L'w "k :!' H. Zoning of proposed location L Lot size of premises (r Z Lev 5 J. Type of fencing used 6tjCre -k 6 A 4, it 4- Please Continue to Page 2 (back of shoot) • �: f:.. .. : FoE�� L,�3.1'! tcia>�JseOnl �• - - � � � . he •-�. y,•� •�• is '.•.,i. :4� .��,�� E �.:pY �,. N�.1 j: .;'�'• ..• •. ,• �..�• "•,.+ •F:r �!s •r :. .. .- f:; \Ty.A�y� �i'% /. .a:'li.. �r�.Y'. "•a .N. •Y"��. y...i.K..^.i.�w•,'d. � RPaid ii _eodsApplcaionr ' ;Seiit:l6o`Depai'Eme �Pof #cam Deft r ,�CriRi` Parev.: .:v 7 proms': :. �reDepa�i�.�. _:• 3; •• : =�� :.�.... monft�ouncil4l�i ::.: • •. ,:.: . . t`•.r•OdB:EitfOrr.�lf'i�l� is ••�;�.lCOtl$E:FB� e'1,�a"�: �. :BeiiEl ing i3ept L•ice0 -qo. lumber ,N ;! iorcved Reason: � _ • .. ' ' . , . Check One: -X, NEW RENEWAL iL BUSINESS DATA A Type of license appiw for -,, SCRAP METAL DEALER JUNK DEALER R,ECYCL! NG OPERATIIN 1 B. Business Name e-S I I+k All, C. Susiness Address O f7 .5• �jQ �-�ir u ciC city i3,Piloo - -'n/ . _ state . zip (o ► �' D. Meiling Address (ifditr+enf from above) city state E. Business Telephone Number ZCo F. Business Fox Number G. E-mail Address S61446e j a (11ai j. cow'} H. Zoning of proposed location &Mr q,-C i I 1 9--- -� I• Lot size of premises J. Type of fencing used 6five Please Continue to Page 2 (back of sheet) tir�.hl;_>� For - tl$0 D p ice.. F :A ieaV0n !�d '- -. . . s °! , tty -f y ar 4%': : C y: ; iF ;, : ' . ... - r•� -pp .l;. . p�r��% {� ,Sey�••6V�tVi�il(d�jO•`•- .- y'r pSrV" -t.!..I. , Qeipcji- r V - <;Common•;C proya# = • - . - 6 ;Not�l' •roved � - .. .. - _ .�- OFFICE OF THE CITY CLERK KAREEMAH FowLER, CITY CLERK March 16th. 2016 TO: CODE ENFORCEMENT, FIRE DEPARTMENT, POLICE DEPARTMENT FROM: EMILY SEXTON, ORDINANCE VIOLATION BUREAU CLERK Hello, The following scrap metal applications are in need of review. Please review the site plan along with the application, and sign/date on the line for your department once approved. In order to get this application to each department in a timely manner, please do your best to respond within 3 working days. Once completed, please returned to the City Clerk's Office inner office mail ATTN: Emily Sexton, when completed. Please return the full application, as well as the site plan. Thank you and have a wonderful day, Emily Sexton Ordinance Violations Bureau Clerk Office of the City Clerk 227 W Jefferson Blvd,, Itm 455 South Bend, IN 466ot 674 -246 -6062 esexton&outhbendin. gov 455 County -City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601 Phone 574 -235 - 9221 • Fax 574235 -9173 • TDl7 574- 235 -5567 • www.SouthBendIN,gov JENNIFER M. COFFMAN ALXEYNA M. ALDRIDGE EMILY SEXTON CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK 6I II LOADING M.R.F. _ e to N.0trc: ` STATION FACILITY „% D TMCE •1500 GALLON CLE4NOUT- TOP FLOW PIPE DRAINS TO SOUTH "" - - - - -- APPROXIMATE PiiO MM UNE a HFM EXitPtGWSiiER r-- •i•• —� a SF1li Kif MECTM OF SPOWWRU nff# ® FLOOR ARM " om i%auw SITE pvfi RMSM Cttb�ttfG,aRBCg,ttG sewmj lmr_ - - - sww aeon, MOMBA o ."m Hot m scou E 1 BEND COMBINED .. SEWERS TRUCK -moo LOAD OUT �?RNE 7HftU DOCK A- CLEANOEIT DRAM STOlAGE" : ! 5p4 GALLa M 8llILQtNG; :. 1 DRY TELLS m° z Al - X= SR- 'Dry L_ �1_ t�-L- `cm r,& 741 r- 3 Jaa GIL kkni? n i t-. SCALE Z.0i3 W L i l YA OIL- HOUSE /OFFICE A S - RZ Qu 11K,;:--0 011_- -�t ss c�u� Mx& fo FLOOR . A - A -11 r DRAIN$ f A -7 �4 -6 1 , A A -5 a i A k, b "" - - - - -- APPROXIMATE PiiO MM UNE a HFM EXitPtGWSiiER r-- •i•• —� a SF1li Kif MECTM OF SPOWWRU nff# ® FLOOR ARM " om i%auw SITE pvfi RMSM Cttb�ttfG,aRBCg,ttG sewmj lmr_ - - - sww aeon, MOMBA o ."m Hot m scou E 1 Scrap Metal Dealer /Junk Dealer /Recycling Operation License Application Page 2 IC. Are premlses: teased by applicant owned by applicant? If teased: Name of owner Business address (it. PERSONAL DATA A. Appftmf s Legal Name ,wr- ' Gswp S. Residential Address 1t' -r-1 W t� "mfr City - state i Zip . !%S 30 C. Residential Telephone Number D. sm 3t'3`t3�?ZZf� E.DateofBirth �•2s :R IV. INCLUDE, WITH APPLICATION, A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE, AND LANDSCAPING. V. INCLUDE, WITH APPLICATION, A $5.00 PROCESSING FEE VI. AFFIRMATION i, hereby, certify and affirm that all of the information I have given in this. application Is true and accurate to the best of my knowledge. I Anther certify and affirm that I have in no way attempted to mislead the City In this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer /Junk Dealer/Recycling Operation/Transfer Station license found In the City of South Bead Municipal Code, Section Date LICENSE APPLICATION FOR CITY OF SOUTH SEND, INDIAN South Bend MurWpal Cade Section 484 I. Check One: �, NEW ✓RENEWAL If. BUSINESS DATA A. Type of fWnse died for SCRAP METAL DEALER !!� JUNK DEALER RECYCLWG OPERATION rgm%s'paQ, B. Business Name .Pcuc.'E�e�ilfi�S Cat= �.1iP�,f1� C. Business Address 25m Q -rp--cA T&kkjG� City ZOLVA0C Sc->o state Z{p -6t3 D. Mailing Address (if different from above) city State — ._..__. E. Business Telephone Number F. Business Fax Number G. E-mail Address rhQSiQ i' v�1ic.c -�kc h�, H. zoning of proposed location aa.1oypy��y 1. Lot size of premises zca PA-b—. S J. Type of fend used ( AW uolK _ Please Continue to Page 2 (back of sheet) For a U"-0*. Appltcallon Filed. _ °iN F1 pw Val rt.i: rvL - .. - :c•'.; W.�. =-' ��a:';�;: w?i�:} �:�f'ir'giir�`�'-�' .'ifir'+ii>i� Iate°° I,t South Bend Munidpa) Code Section 4451 t. Check One: _...;_NEW --!::j-RENEWAL II. BUSINESS DATA A. Type of license applied for SCRAP METAL DEALER � JUNK DEALER RECYCLING OPERATION (40r,,s S. Business Name C. Sus -mess Address 25M Qt IUAM -U--CA city 4 'laud state i ..__ Zip D. Mailing Address (if diftererd from above) city stole - ---- -- ZIP E. Business Telephone Number __ -- 5"1 4 -=32- eoUC10 F., Business Fax Number 5114, ` Z33 '15S . G. E-mail Address _ Cha51OPW -,Ct� ftl, H. Zoning of proposed location -- OGAyY x 1. lot size of premises gCfL>� S J. Type of fencing used l Alta LLO& Please Continue to Page 2 (back of sheet) For woe -0411 ghly -- Application Filed,,,,,,_,_, Applit #ion -r ia ;P!aid !' ° • t:`_' . ; - ---..� Oft Fri OW �,�5.. }l • aiWii:liiri:i• ''r:i:r'liil�li�i�i;.�, : i < � - • '.:3. � .• ' - .•-:• . ' r• _ '�:s :r•' i�.+ °, «. "r: i:+: f�s.�rY ; {Fy;�'Sl•`7'� rr+';�1r�': -1, �� � �i I��irr�'iw sl• +'..• a '�_ '" +�: �••• .9;,^ 1865 OFFICE OF THE CITY CLERK KAUEMAH FOWLER, Crry CLERK T. hew ✓"^�'i .yet' Cr J6 C. �. C Februa 121h 2016 c e--� �' S cam.. t--I- ` -, T_U_: CODE ENFORCEMENT, FIRE DEPARTMENT, POLICE DEPARTMENT FROM: EMILY SEXTON, ORDINANCE VIOLATION BUREAU Hello, The following scrap metal application is in need of review. PIease review the site Plan along with the application, and sigrn/date on the Line for your department once approved. In order to get this application to each department in a timely manner, please do your best to respond within 3 working days. Once completed, please returned to the City Clerk's Office inner office mail ATTN: Emily Sexton, when completed. Thank you and hay wonderful day, Emily Sexton Ordinance Violations Bureau Clerk Office of the City Clerk 927 W Jefferson Blvd., Rrn +55 South Bend, IN 466o 1 574 -245 -6052 esextonnsouthbendin Gov 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.SoudhBcndMA _ JHNN>FEx M. COFFMAN CHIEF DEpuTy ALKEYNA M. ALDRIDGE EASILY SEXTON DEPUTY ORDINANCE VIOLATION CLERIC sv- �(9 m 0 wwgylI�� ■IGw � ire. � g m Q �i on g w ,,� �/t c a� _ • � yes:: _ �o M� Big lz Q A '.O O fA • r�� ®r�r..ruq on g w ,,� �/t c a� _ • � yes:: _ �o M� Big lz Q A '.O O fA • r�� ®r�r..ruq Ogg m� g o� � a i r DE�TM . OF C�1DE ENFORCE_M SCRAP YARD MSPECHON FORM DATE: - 7.l BUSINESS NAME: BUSINESS ADDRESS: C . Is opaque fencing in good repair: Is chain link fencing in good repair: Is there litter or debris around exterior part of the business: Is there any evidence of rodents: Are there any nuisance violations that were cited: If yes, the citation was given for: 55 e? tA{ * General Comments: � . a L4C? Qom: __Y- lV' Yes Yes Yes 716�1 t'A fs1.i2 No No No No• hmp,ector. Lff— 9,4f—z��� n Sept 2013 Scrap Metal Dealer /Junk Dealer /Recycling Operation License Application Page 2 K. Are premises: - Leased by applicant _ ..�_ owned by applicant? If leased: Name of owner T'QAo.%z �.1� c tL r ti�•�. --- Business address Ill. PERSONAL DATA A. Applicant's Leo Name B. Residential Address 1 QL City Ri Staie�_ zip C, C. Residential Telephone plumber D. SSIV 33 �" f02^ 3 Q'�' E. Date of Birth a3 / IV. INCLUDE, WITH APPLICATION, A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE, AND LANDSCAPING. V. INCLUDE, WITH APPLICATION, A $5.00 PROCESSING FEE Vl. AFFIRMATION 1, hereby, certify and affirm that all of the information I have given in this application is true and further accurate to the best of my knowledge. I her certify and affirm that I have in noway attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer /Junk Dealer /Recycling Operation /Transfer Station license found in the City of South Bend Municipal Code, Section 4 -51. signature LICENSE APPLICATION FOR SCR_ AP METAL DEALERS /JUNK pEALERSIRECYCUIiG OPERATIONS CITY OF SOUTH BEND INDIANA South Bend Municipal Code Section "1 F €!ec; in I. Check One. NEW _,RENEINAL FEB 12 2016 II. BUSINESS DATA CRYC€.EW.,.. "T Fir, IN A. Type of license applied for SCRAP METAL. DEALER �(� � JUNK DEALER RECYCLING OPERATION B. Business Name uk,a =-- vLoZ:A%I'yo NA,-rS C. Business Address tb O2 ,��. —W> p ai& I x g (sw! - City _ %An—'x Q State = -A zip ti !* ( i D. Mailing Address (If different from above) CRY State Zip E. Business "telephone Number S 114 – 2S 22i-) F. Business Fax Number __ 5 ^] 4- 2.53 w 40 % 4 G. E-mail Address fl C- P 14 5 B itS P— Wsa- c6ep' dim N. Zoning of proposed location(y L Lot size of premises "1.,rC.Qiis J. Type of fencing used i►iF7rprMt Li AW4 _111 Please Continue to Page 2 (back of sheet) ct Ian U2.:4P,50. &o Jl:Or: Di#ice= 3r l ' Y AP Ilcailtii 'Fited _ I #atfor- &V , - r.: Stitrpairlrn wde #rrnfe 'r'•�r 'i.A�ir"G`n',.•r,'-.3:',y." lE=P�3E'j7�!{TSIr�``� T;1i3'it�i, �f" ���,"`•' '�`.•:�. :ot x' `Y I�^I!p%pYI �.}}�( /±.j��+: l[: i�' •'r.. :T+_;.;iY••iii�,'l ifid�l! �i.�i'�• __ /:1 �'.l� fe.: i •'.•;,' ...r✓�':`. �.s e _ 1 - a•,: a;t %'-^ .,.:'-% ..;ate.:. .z s��t• ••'^!.. ,tyJ..•.. F - lFir+/. t, x:SJ'i< - _ f+'5�: :� •: j�:� 6:• ' t: so � DEALERS NUE APPLICATION FOR DEALERSIRECYC CITY Ut- SOUTH SEND, INDIANA Souih Send MUMCIP81 Cods Section a.-51 I. Check arse: NEW �`' RENEWAL IL BUSINESS DATA A. iype of license applied for. . _._ SCRAP METAL DEALER JUNK DEALER RECYCLING OPERATION S. Business Name LyL4,Q C. Business Address © pelt City �Z)6 % ° Vk L t t rte. „•— state ; ate Zip D. Mailing Address (if different from above) City State Zip E. Business Telephone Number F. Business Fax Number t{ Oct o� G.. E-mail Address tau , f..� Cap - Co H. Zoning of proposed location 1. Lot size of premises PcCt cam. J. 'type of fencing usedr�, please Continue to Page 2 (rack of sheet) I For office Use only Application Filed Water Works Application Fee Raid Ponce DO Pt- -. . Sent to Departure P Reco+'ds F�,Departmen,. .s :- Police Dept. - Crime Prev. COMmon Coa+� Enforcement Y4. -1I- Iy License Fee Approval~`"`-' Building Dept Paid """---~~- License Numbs r Not Approved Reason: 1. Check One: NEW -' RENEWAL H. BUSINESS DATA • A. Type of floense applied lbr: V SCRAP META_ DEALER . ----}C JUNK DEALER -- ,. RECYCLING OPERATION 8, Business Name LkS a- r�t,� • �tr t �,•. —f� . C. Business Address ( (,,02— ' . F �'=�r ' �,r 1-- •.� W City Zip D. Malling Address (if different from above) city stag zip E. Business Telephone Number -v;:� 7 L4 w 7 3 F. Business Fax Number 1 H — 2.'�-1N—i{pgQ G.. E -mail Address �. °�:.S p t3u5 OR �� Coj, a Co tti1 H. zoning of proposed Watlon 1. Lot size of premises {'�L J. Type of fencing used .1 1 1 L, Please Continue to Page 2 (sack of sheet) I - For Office Use only Application Filed Water Works Application Fee Paid Sent to Departments x -r- �?c�lfcr`a ite�e..'! eY�.:. Fire Department r Common Council Code>Enfiernrrt ` ~ -n- ry provaf� Building Dept. .. license Fee )r=aid License Number Not Approved Reason: U-0 J:7 1 1 RIM OF let- S. LICENSE APPLICATION FOR ;ITY OF SOUTij BAND, tlQiAN South Bend Municipal Code Section "I Check Cane: NEW _N�f_ RENEWAL BUSINESS DATA A. Type Of license applied for: SCRAP METAL DEALER JUNK DEALER RECYCLING OPERA71ON B. Business Name C. Business Address t S: C v/_U1�t� ity ra __ 7a�� 1A state ;F4 zip D. Mailing Address (if dfffsrent from above) Cr State . zip E. Business Telephone � 'e Number �'� q g E. Business Fax Number -_� _ �� - `A # "'1.13n.. G. E-mail Address H. zoning of proposed location i- Lot size of premises J. Type of fencing used Please Continue to Page 2 (back of sleet) For Office Use Only Application Red Water Works Application Fee Paid Pall'CoVept, — Records Se 'tp Deparirnen Police Dept; — Cfime Prev. . . Fly Crmman Council Apprciva( Code Brlrfar tt nt' ' "" " > "p'` " License Fee -Paid Building Dept. License Nqm ber Nqt Approved season: fwfc ) S : t t 3 UCENSE - - -APPLICATION I:OR - -- -- — South Send muntgp Gods Section d-S4 I. Check One: NEW ✓ RENEWAL H. BUSINESS BATA A. Type of Hcsnse eppfied for; SCRAP METAL DEALER JUNK O ALER — ..� REOYL'LfNG OPERATION S. 8ustnessName C. Business Address 3 goo jr, ea`' Orly i et State 2 w� z" D. Magna Address (ff different from above) City 5ble Zip C-. Business Telephone Number' F. Business Fax Number G. E-mag Address M- Zpnfng of proposed location I. Lof size olpremtses J, Type Of feWng used Please Continue to Page 2 (back of Sheet) Fcr Office flee Only I Applfcafion Rfed Application Feb Paid sent-to Departments Fire Department Cone Bn%rbempnt' Building Dept. Not Appr ved Reason: Water Works Common Coin l.Iconee 0eo -Pald a►a1 �`�` Liceits NuMbe7 - Xfe( 475 MkAVgfif a-1 448114 LICENSE APPLICATION FOR 3 CITY OF SOUTH BEND, INDIANAI South Bend Municipal Code Section 4-54 4.• f. Check One: NEW RENEWAL 11. BUSINESS DATA ; A. TYpe of license applied for: SCRAP METAL DEALER JUNK DEALER RECYCLING OPERATION B. Business Nam$ i (? C.. Business Address � �� _ mat City _ 1 State zip D. Maiiing Address (if different from above} r City k 4 � state �� Zip L D(, E. Business Telephone Number F. Business Fax Number G. E-mail Address H. Zoning of proposed location !. Lot size of premises J. oci- Type of fencing used Please Continue to Page 2 (back of sheet) For (i igw.4 erfln �• r f�VY. ti � `rigid .•r l ^^µ SW i-TO-0 r r ejs2iotl : . r 1J. 44 3a. r iS.� r r•l.! _ '.f..r....r. .......:. .... 1, ..._. •.. • ._.. -.. �•Y,.:.r !. _. . . NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license applications for the following businesses: SMS Paul's Auto Yard, LLC - 3300 S. Main Street LKQ Self- Service Auto Parts - 1602 S. Lafayette Blvd. Republic Services of Indiana - 2500 Green Tech Drive South Bend Metal Recycling - 3700 S. Gertrude St. OmniSource Corporation - 7575 W. Jefferson Blvd. U.S. Scrap & Recycling - 2014 -2016 W. Washington St. U.S. Scrap & Recycling - 1610 Circle Ave. U.S. Scrap LLC - 1420 S. Walnut St. U.S. Scrap & Recycling Division - 1700 W. Washington A -1 Auto Parts - 2014 S. Lafayette Blvd. Steve & Gene's - 3109 Gertrude Alternative Two LLC - 700 West Chippewa Are approved in conformity with South Bend Municipal Code Section 4 -51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau as evidenced by the Ordinance Violation Bureau Clerk's communication to the City Clerk dated April 20, 2016. Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Not e ADOPTO Member of the Common Council NI'aN38 H1n0S `>1010 A110 l�31M0- LMN33LW 91OZ 0 Z add 8000 SAJOl0 u! MIA RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL / JUNK DEALER / RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2016 PURSUANT TO SECTION 4 -51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4 -51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on April 20, 2016 the Ordinance Violations Bureau Clerk provided written notice to the City Clerk that the following businesses: SMS Paul's Auto Yard, LLC - 3300 S. Main Street LKQ Self- Service Auto Parts -1602 S. Lafayette Blvd. Republic Services of Indiana - 2500 Green Tech Drive South Bend Metal Recycling - 3700 S. Gertrude St. OmniSource Corporation - 7575 W. Jefferson Blvd. U.S. Scrap & Recycling - 2014 -2016 W. Washington St. U.S. Scrap & Recycling - 1610 Circle Ave. U.S. Scrap LLC - 1420 S. Walnut St. U.S. Scrap & Recycling Division - 1700 W. Washington A -1 Auto Parts - 2014 S. Lafayette Blvd. Steve & Gene's - 3109 Gertrude Alternative Two LLC - 700 West Chippewa have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, Recycling Operations Licenses for the year 2016. WHEREAS, the license applications for all above - referenced businesses received favorable recommendations from the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau. Because the applicants have met all of the requirements of the ordinance, the attached resolution is respectfully submitted for your consideration. Sincerely, Emily Sexton Ordinance Violations Bureau Clerk OFFICE OF THE CITY CLERK KAREEMAH FOWLER, Cny CLERK April 19, 2016 Tim Scott, Council President South Bend Common Council 227 W. Jefferson, Room 455 South Bend, IN 46601 Dear Mr. Scott, Bill No. 16 -44 Filed in Clerk's Office APR 2 0 2016 KAREEMAH FUWLER CITY CLERK, SOUTH BEND, IN These applications for the operation of Scrap Metal / Junk Dealers / Recycling Operation have been received. In accordance with the procedure for the renewal of city business licenses these applications were submitted to the Police Department, Fire Inspection Bureau, and Department of Code Enforcement for inspection. The following properties were inspected: SMS Paul's Auto Yard, LLC - 3300 S. Main Street LKQ Self- Service Auto Parts -1602 S. Lafayette Blvd. Republic Services of Indiana. - 2500 Green Tech Drive South Bend Metal Recycling - 3700 S. Gertrude St. OmniSource Corporation - 7575 W. Jefferson Blvd. U.S. Scrap & Recycling - 2014 -2016 W. Washington St. U.S. Scrap & Recycling -1610 Circle Ave. U.S. Scrap LLC -1420 S. Walnut St. U.S. Scrap & Recycling Division -1700 W. Washington A -1 Auto Parts - 2014 S. Lafayette Blvd. Steve & Gene's - 3109 Gertrude Alternative Two LLC - 700 West Chippewa and have received favorable recommendations regarding police, fire, and code enforcements' environmental compliance; also for proper maintenance of the premise and area outside the fence, and the height and condition of the fencing. 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.SoudkBendIN.gov JENNIFER M. COFFMAN ALKEYNA K ALDRIDGE EMILY SEXTON CHIEF DEPUTY/ CHIEF OF STAFF DEPUTY/ DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK Page 1 of 1 Aaron Kobb From: Michelle Adams Sent Friday, April 15, 201611 :26 AM To: Aaron Kobb Cc: Sarah Heintzelman Subject: Tax Abatement Petition Pmts. Hi Aaron, 1 received two tax abatement petition application payments from Alan Brown for $250.00 each. M Flied in Clerk's Office APR 2 0 2016 KAREt=1i M9 FOWLER CITY CLERK, SOUTH REND, IN Michelle Adams U�aplriih�` Business License Administrator (574) 235 -5912 madams southbendin.l;ov r City of South Bend 227 W. Jefferson Blvd., Suite 1400 5 South Bend, IN 46601 tk VISIT R [JEW %NEBS17E Flied in Clerk's Office APR 2 0 2016 KAREt=1i M9 FOWLER CITY CLERK, SOUTH REND, IN FOR USE OF THE DESIGNATING.130DY "We -Ivailo �fi qi6k *d find lhsf Afi Eki• adopfed In. the [es. p. on. pteuiotisty _approved iisw W NOW fig Wlafldns as Mar IG 84�1,- 12.1!.g.' groo, rot- "Ogg T-0 401104*, - ".p kov"00 Enha Akri- - W MAP Nq... P. Y Moor LIAB" .qt _qw YO: n onhawW obaternant was one a ik*kedfor ormproofowwow on of new intrMation technology equipment; !G. The atrioilnt cf deduction apP�ice►le #o new in ii�litik td`,$. 1xv, W. A 71w i'if 4'de'a 6W grid 404"0'.% 10110-.ek ilh isk,"sdd valthi. of A� _w ­ agoof dirt to p o�� 0. W, Y if ciGSrred,.) 7fie,amount of tieductidn appllca6le 16 Iliw i6�iwcm aw 5= (one 4rbQfh knIPSMAY be Mid WA 19 vsiabllsh I 11 cost with "atooke4d 04ie of ({ilia of both ev may be MkId outto ioiab.fish a rMY7, tf Cr6sired.) 116h H. T .9.40OLM -he :j"v,&­,4ft&g'q' Of _.I q 64f ii#irr 164W.0-1 dwiitiqtion iqVIipip6nI inc116P .qquipMd it oftlled-qnd, claimed g N eforcoduci6nliallowe d for.- Y Year 41 El Yiarod 6f El XOAf0: El --Yoea D Vied r4 j❑ Year 0 El ylipr!-i a *_par :iiie to twomy (i-26) 0orr may nor :ixceedhvanty r20) years.} L iibeniiita vppiovttl Aer ;ljne ib. idij- did ift Q IQ . .... . "JgWng Oody ado 2n.-abatementach u []No ab2 Olp!q!.a Dopy of y hi lemon ifno, 04 i!eslgnt ltpg body is required to establish on malement schedule before the deduction -can -be doWminect. Also - Vii iW16 rivw .i" 111i informafiorl 60, r4iriw fiflh, e- aft" t6orw­ ni O:f'b ina'"Is, aria f Intl i, t 0: ve; W(e0alwe and Wbf authorized nopmberof designOng hodIj ephone number Date sIgned (r!wnA day. year) Prirftud ^dame dj"d rn"*0 deskinalim body Marne arvfeswavry body 7 Printed narne of alloster body limits the time poiliDd durl "th of 11me Ij n!ft- ng which an area is an econornle revitalization area, that RMItalion does not Itmit'Itte a ' li iklka joramhe 4 66ducti*n to a number oiyears Out Is Im than the number of 9jeom designated under IC 6.1.1- 121-17: 11�oeivES a deduction under section 4 or 4 3 of b wat I i approved after An i 6, 2013: A d ka t r i o* i g, body 6 h d e s ta, b- ... h. an etrefi merif schedule for each daducllriin schedule must the perowtage amount of the deduction woach, ew or An i 'pa(liculatto., "-Y . wbqtriD Page 2 6fl - ­ * Z A�TEM M IS A P Ptole t?Y Uwe Driparititent of Local oVemmerlt Firoafto* sera top of e. pro Mly and apeolflc. Sooibes, pall to h .1 Moms b awnar to =116'and.1 Par 1CY5 4TIZ-f-157 b F ilia desTgnalinp body requiias 00 oorr Am& Otherwise . this ZWO-mcht Add lrifonnetiori "oo tie to dFj na7 body 84. vft sqjtomt MiVor rs4eatch"and dMICAMit PWOMOW, 4nar go a me the Oido ►ftws to ciiim a deduction. nt as moat o t .t. 0 eMe d&sfgn&ted an area before the 10011OWn The tam a eq 0 aqwry-Ing Outs rit for wm4 6.06- --ai: To OWN k000tl . Cum kPoraw must 00"-a, caaW deddoftri schedOlo WO jhe pwoa,$ ptyp(j hitum on,aderdbeffidd im n 113ER I sh assessor of the fowhihO WhPrs the POO* is kvied cI r tvkh Ike ov"i6tynaviiarOb i e is no o towns hip sh , 4 &wqsqr b �Z T" to Of me I swasmenfYsir in W#fc� how m au', 9 a : oh and 4mat inda k*a6h WY iquip -Isjo ft on" nust'rA the fbimWw"e�januar -I and the exhindod d owriara ktift CF�100 irr"46 show compliance wm me Statement of serieft (I r.......... , 5. For j sb-lp p Ojpt Jsp sAtrJoe X7,1010, thi sewl4f rsa* &#U411on AhwAd Para. 0841POit OAWMWOFbOa JW01 iiii, the abilementac"la Oprovedbyie :=Mm2n3 in al SECTION 1 TAXtAYER 11FO"IATION F Thwli6nnuth dampany, inc. Mat a Sinclair Addmglfd WMar (ft~aWSIPM OW31816i &W ZrCW Talepbone numboi 14OO4,T4d1inOlo9y.DrlVe, Soq$ Bend, IN 46628. - 674 ). 260-7000 11111N 14,060- tJeme at deeFgnetMg body. RescloWn number (s) City of -South Bend, -City council TO"* pGGF taxing 00160 n4mber 4004 Technology Drive. South Berid ,IN 46628 STNIOSEPH 009 Disciption arminulkOurino equipment i.ocy"reseato and devolopmaot equissrhiaill EST TED 3pirried andfdr liftninab9n tebM61b.0y equipment. START MATE cOMPLETION DATE PAMufjoluring Equipment with Fricke autoinated 11111A9 product. Whe WOVIOWring EquIpaient 65116t2ble & D Equipment 1#01i Olit Equipment • N&!L.31 MAY MOMAMNIN Ows a a gap Curpentnumber 70. Number- I&II11001 swarlbs $3,916,640 W-081000 TO $3,916,640 MAMP,TUPJNr- .Hr NOTL. Piorsont to IC PMEMT R,& z) Ila LOWST DIST IT EQUIPMENT mENT WMENT R 1) OQr EQUIPMENT CO$T otitis property is conficlOnlial. COST A6551550 ME ASSES 60ST ASSOSED' SED COST =-j%,w 7�sAsm7aum E Filed a PM1001 :1,200,000 360,000 -Ppps—ed 'propartybeingreplaced A Net iwmalid values bo*n Completion otpirojed I n Estimated solid wowte converted (Ounds), 1: ft con Olharbeneft: '15TY CLERK, SOUTH FEN'; if CERTIFIC;AT I Ofq 1AXPAYER )S Alai& Pagel of 2 1Na And thst ttre.applicant nieefs the gedtfai s�ndards is )rie resolution adapted or In be adopted by his; fyody Saitl iesolit5on; pi3ssad a>•.io tte`passed Under IC 5.1,1.12.4; provides for the foliwAnd RM40fions., raw 000 lie d;* Ok. Olks"6 7:. Recietiralopment of relisbllltajlonof teal estate tmolu vvikq ids O:Y 2, ftSttlelldaiUy reas Q Othieft.11M(li4orts or conditions (speft) - yoAr Ej y6af a [I -Yftk4- ykirt (IN kfielb*) 'y 0 (j Year 7 p Year A'; 0 K Fdr—a' Afte-ffe lit tif b6nertWooplidWd Mae Jar% 110, 2Qt3, did ih—-- —&-f b ffiy- adb Slats F #A -d _ Ifyes attach' . acbpyofth'e4ibitsihe6ii6hedule'taihistatM. if no, the diAl' Ii '* ' 'td" ' 0181 n.9 OOdY If req fed to Wfibish in aballement-sc.fiedule bdfbte the tliduefth can be d6larmned. - n o#fd led Ift the statement df banaf, and find that the estimates and expectal]6 s are reasonable and have t Ify is dididerl to )Mfy hg deduction Ovicribed a6&e, Te]Fphmo mwnsbar PRO. Printed rwne of AuthorkedrAernim of dasturma body RiRi d depignsting body Mes" t y (80naf" and We of a{teslerl Pan ted n= a z6ster* If the d4lbr4tlhv body 1166 t6 time period edod during which an area W an economic revlMhmlpn are' 1het ilmj(h-'. th df time 'a ondo"Aut It the leng "recelve'a'dadaidon tex0w-lsentitied to to a number of Years that is less,th'in the number of yeam designsto under IC op v�.4"PP14v.. pridr.tp 1 : - A F60,66WO-Atially distriised areas where the Form SMWeal bd 16 IC ': � 90, iAA`i1':9.'1-4.i remain In effect: The deduction period may &I exceed fJv*'M­y46;'r's.' F�'t-a Fd'n*n'- S84 property '" 19dil -!lia!) �pp"pd after June 30. the de lln Is regretted C l '7 bel w. & Fortfie mda p n I' hb all, die designating body remains in effect. For a Fdirif St3:11Reat Rroperty that is approved siren June 30; 2013, the ilesigriating b ,dy m m d I establish an abt",n See i7 . {oj A dtfsj rifting body on area ik that ripehf" 6 diduction urideT.: -Plowdb to a h4n&t thitli establimfiet! in & rilo6alid to a TM—taliat! f Ity. q:ff4u_ 'pfnq,i-jr..Mv --Wbiiii created. {3) The average sjrege ofthe new ernployees -to the stele minimum wage: 16 t* to- eye 5 ves In L (b) This subsection 4AW A diw*mg body 00 establish ., a 2tWdht SCJ6dL& fol each dedtuGQA a�trreil under obeyter Art abetemeiit schedule must pewv*,p ercentage amount 4.1110 dedtifth 1or unitu Qie 4bitirriird sdieduie 6iipires un4r te '9T This statement is4eeing completed far rasiP prq arty -that qualMes.under the fogow[M Indian* I I 1O.Radevelopmer'l ortababIblitIon of real estate improvernents (ICS-1.1-12.1-4): ar" (10 B-1,9 1 2.14.1) "P(b; k b A - 9 0010ir2ofi w M - apnb ar; Ewhon9c Asi0itizationAm lnTo miilipa A iopipp�t f.7 mik* Its deals - 466t whatheitp de A00 ft *011M 88-1 i Real Property P NO Any Informal lan,cm.ceffft the =0 OW patftsS►Arm 261J011=1 11-41 .416"sk by om 0111owner istomerawpar 21-6.1. - x4bollo to. t4e#98jork" body voowihe iV4104f6pmaht. arrehii6p6aft pf milprqp6iV for which the parsoo wishes to crawm -a doomw. 7haafvhweAto1benbRts Rum 6,vaikv obmffled.lb. the d1aiW0gbo*snd#marea, designated an amiornk, iwfilwlcrier'ea D664 Me ►*krn of the ra4'evefcintentiou *NO tl*p MMdeskes to clam a dld621. To Ablaut • avduqW. a #bfin'32ikE Must be Ned 01h the couplykiditarbabrb May 164, the y6ov hi which Me adcftv to assessed vald0on is M" 1h#!y!jfV "Ib d h- 6 '",ad 6-the PM p*16. Ap(q]pa0&#&*ho ds�vAftr a assiq" q.ce.z.., �-90 olok� Al, W- 8"s mWlid- AhrA failed fiiffle 0 didud1pn a ,pplfcagdn; i df 6:suo defidbil- -jmk'ffb sh appIkadon betwean hfart6 i. 4id* . 10! May 'yownerWhofts"Ibriba kc '-r' d -OWIho WMCF;14Wa Prop A;'AprvPWi* -db I ffbnmusto.�oM the "'difored �skoiiifihqbp ,Thd FoO6 GF-1AUN 'd for �iprtbe'dadudlq 0. Property Nowid,be ' aflachbd to' the Foram P& 000 nis appacsiNe. 10 M; -1;!t' If �P) a Form m 19, 9; IlReaj -Aqpwfy that is . approved MW jamo.30, 201A. the dssVtm#q Is'Mqubm0a "fabils)l `6r oath; 9 body dedp0b& adowid. - Aor a jFprpi SS.-YAReal Pm*ythaf. Is approved prior to July 1, 20.13,, the sbibirriient ached6li approved by ihe dehign4firig hO� mmins in effect:' ljo64.1-11.1-17 ,Paged oft - SECTION111 TAXPAYER INFORMATION me of ?he ,L064rtmith Company, Inc. Aq dRR -qf Wm Or P=# N!r M!q d- A 07X Ats k - If'VP ondo 40N.Te6hinIolo' gy Drive. Sol 6th Band ' IN 4 L WS i;jaMeLfMMW, POW A Thfaptwne,noinbpr 6-majkddress I -Milksihdditi 074 ),259-7000 marl .s1nCWr01obBrMuth.coni I SECTION 2 LOCATION AND DESCRIPTION • PROPOSED PROJECT —6fi- h0 y Resolution number City of-SbL4b Bend, City Cqt4nd Lomm of piopoty 9kWAY DLQF Wind dist0d number 4004 Tedbnology Drive, South Bend, IN 465628 ST JOSEPH 069- EsOmeted 0M dMe (roonth, 4Y Year) BdIdIjn9*iffipr**0eqls ift additional 1;000 sf'16 house automated CDndordla pto.duict fine Maly 1 S, 2418 WmMed oompWbn date.(frigrifft dPy year) be66'mb6r $1, 2016 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PPCJECT Currant number Ist"ea NUM bet felaMcd aglarle I >40..00 70.00 -0 ; 16 640.0 5.06 0 $208,000:00 SECTION 4 ESTINIATEDTOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROAMENTS7 COST Asstsm VALUE curnilrltyllilv'u Me estimated values pfow t posed p�o*q 273,000-00 Less-values of' p - being replaced E4 _Tpady Not estimated values upon 6flmpistlon of Jett 22AND.00 SECTIQN 5 WASTE CCtJVERTFD AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste oonveded (pounds) EstItneled hmrdous w Is% Cfj"'I" [APR 2 0 2016 KAREEMAH FOWLER [_CITY CLERK, SOUTH BEND, IN SECTION 6 TAXPAYER CERTIFICA7FION 1 tieieby r�rtffylliattFie raprpsentafions in this statement are. true, DOW forredlimW 30 OW 4 Pfinled obine of SUIhofted reprasenWM ,Paged oft - W6a lsfhewirent "ssessedvaloe? s ROW,1 0 operryr: .::i w^'9...,a..c"�"�c %a..... •: �K A. '�a. .ta;3�' ��s�r...- .,ezi?�-- ,..,a. :� %: � Persona roper�lr ;�s."`*�' latisth6p glictedassessedualue ?-r'a. i RealProperty' Personal Pao - - Wat€sihelazkeynurn6eforthcspx�� CR ` uaattsin�twaurnd? 25998 Pleaseattac'ha:Google pandsfreetL`1ew"o`fFhelo`wtion - PeifstiFieamountofiealandjieisonalpro ertytaxesx RealPertyTaxe� ' Z � PersonalProper2yTaxes ¢ a w� < 't3"°'� p�idfor eias l:tivaYearswhe�n�• �ta61e..� F3•�� � � e. � >� r �� •- .aa.ava�;�rn:.wsK.z- Y�:aua mc�_. _�e. .,:�":.�aaw., :. - -_`-"s -. -- .ct�..,.3x�. ; � � g, k� x +. .�, , ,. _..�-.»'� iv, ..� a"k.4;.'."�xt: �c.�.' �Tid;;�„ aF J,•`..5. .A ?� °.iXrii '"!1'�afr- �'- '.�'2,.�'+ � v�" y.� `�*�.p,,'�}.'�'�.sYrt�6• ; YQifT�!!'' �`i 22�3K � "it Staff Use Please fill out the Public Benefit Summary Information and add Only to .. the total from ' ttYL,- k7 K�.'.ri"Y.d",t✓2#'�adn:..... -. �.,i�'.f`ww�G, "� '-ii:Ci' _'lL a4rW°' -r�C a,q J.° .Yw -i1' -'�' `'^ ^C •4 e ¢ Y'c�l� "� ` evelop a5 t as„SPe: 49 . R`e loon�ogLUni rsi4Y wear r 35 ' g Uz z, S -•: . 36 3, - 4� Q ' ���'T�y _ rY� �YY�I�V�IeeF' -• "k - _ U 120 ISBN Su erSize'P.ro acts: I traluesare 'mubtive . INIf 111111 spilmilIVIC5,11,11, 'I , '', M 25 WIB - 200%to'299 J. 68 _ � K ry rX:+.SadCi.. ?-qq+'�' -tea Subtoae.bna �; xX: YGi%cGS,�'� er.L�3" 0 210 for sWorU �"�r a 7 E Pa rfor2 of n .x 26 R Play X i :ofExWnsion,._. -; - 39 52 Sb- tota MaRga el -s ° 0 131 To_t'alfromAp"ppcantSection .� rte" ,�s 0 539 ssY %�T W�fromStaffSection'f °rte =c'�jzo" 0 461 r_i `.ToTalPublicBenefiiPo -_` z 'xs 0 1000 Submitted By: Date: 2016 2017 2018 2019 2020 2021 2022 2023 X022OE- _:,. -.:i 2024• K.'+� • YO 18 N/A e'chala _ N/A N/A N/A 20 N/A F °w'° ethe uarnsponsible `°° workOne°nrea'u ' Carmen Wright, HR Manager Does uurcomPanYh�ve. EEO !L Po Vy NO y '_� reyounnEEOemp�byeri'� No .. r 21e` ue `aes�`a�leeywyrrccoininnmenita`; • .. ?r' dive,sityandincl�onby�llin`gyov- - ; odtread�andieau�tmec�ceff °rtsfwthelast r 2015 2014 2013 �- wthreey�ea,s� la�c°�polldes. "FuilTiine ` +Pa "t2TLne 3 �'�; -� '""�� ' 2 u,OTime� PaitTime'� fWllTlme � PartTune - '"��@ 8 36 3 8 4 zat6, N = 70 $26.90 2 $20 Q:._= 5 $20 20 :9•s�4+.,-ays.. X022OE- _:,. -.:i 2024• K.'+� • YO 18 N/A e'chala _ N/A N/A N/A 20 N/A F °w'° ethe uarnsponsible `°° workOne°nrea'u ' Carmen Wright, HR Manager Does uurcomPanYh�ve. EEO !L Po Vy NO y '_� reyounnEEOemp�byeri'� No .. r 21e` ue `aes�`a�leeywyrrccoininnmenita`; • .. ?r' dive,sityandincl�onby�llin`gyov- - ; odtread�andieau�tmec�ceff °rtsfwthelast r 2015 2014 2013 �- wthreey�ea,s� la�c°�polldes. "FuilTiine ` +Pa "t2TLne 3 �'�; -� '""�� ' 2 u,OTime� PaitTime'� fWllTlme � PartTune - '"��@ 8 36 3 8 4 Investment Details .i-1`' % s a' , ; t $r `r V s'r . .tom.��',(.•.¢. ''' aw i 4 a �, ,F-S- � 5Q�w.. , � a 7, '. . I ° �4 W '� ,$, aw �3 • • 111 $1,200,000 - IN eh m "`c e• .: o• �- r'"�c's- eo onih��L�y's . s/tent `:, ^ o Ago tl�ejoreproaesrrngco . .� �� ram �= sia The Lebermuth Compan , Inc. - www.lebermuth.com Proposed Project Information 4004 Technology Drive I= South Bend, IN 46628 t mmg a Lebermuth Company, Inc. i e e Owned leased'"; ° Era =120,000 ff In°wti�n� Primary Contact information Carmen Wn ht ,. ` HR Mana er 4004 Technolo Drive _ ° ° 574- 259 -7000 South Bend, IN 46628 4' ' `'' Carmen.Wri ht Iebermuth.com Senior . Mark Sinclair J9kVMJ ,sae CFO /Controller ;� c. 4004 Technology Drive a 574 -259 -7000 Consultant Inform South Bend- IN 46628 ati on�Agent man Mark.Sinclair lebermuth.com m� RSM US LLP/Eric Consultant Y 9225 Priority Way West Drive #30 t�rtBCO o e 'e op 'ent. a_ . ers Y " Indiana olis, IN 46240 _ 6nall eric.levenha en rsmus.co Project Overview e " Since 1908, The Lebermuth Company has been a leading innovator in the fragrance, " flavors and essential oils industries. This family owned company is evaluating an pfO installation of Fricke automated filling equipment for about $1,200,000 in May of 2016 along with possible $225,000 building addition to house the Concordia automated machine. This type of automated equipment generally reduces staff by 4 positions, but the company does not plan on reducing their overall staff levels. The company did not request Personal Property tax abatement on the last expansion in 2013 and has met their goal of $1,200,000 Real Property tax abatement investment goal from 2013. The 'company did end up creating about 15 net, new jobs from though they did not commit to new hiring in previous appli aticip have additional net, new hiring at this site with about 5 ne sta APR 2 0 2016 Emrs AM FWI ER o n t No CLEW. SOUTH BEN , asn een eS Num ed iss pe do ecsona' pe :a s: NO Investment Details .i-1`' % s a' , ; t $r `r V s'r . .tom.��',(.•.¢. ''' aw i 4 a �, ,F-S- � 5Q�w.. , � a 7, '. . 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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 R. 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 PRESENTED NOT APPRC)VEt} 2 4DOPT6D �lerk'S Office E APR 2 (l 2p16 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN 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 4004 Technology Drive, South Bend, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR: The Lebermuth Company, 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 4004 Technology Drive, South Bend, IN 46628 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 seg., 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 SeMc ., 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 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 a (5) five -year personal property tax abatement under section 2-84.2, Tangible Personal Property Tax Abatement. - - -- - TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: AARON KOBB SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: The Lebermuth Company, Inc. DATE: April 19, 2016 On Tuesday, April 19, 2016, a petition from The Lebermuth Company, Inc. was received and subsequently filed with the City Clerk for personal property tax abatement consideration for property to be located at 4004 Technology Drive, 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 ➢ Approximate $1,200,000 purchase of new equipment to better serve existing customers and pursue additional business. ➢ Total taxes on new equipment over the five year abatement period — $102,945 ➢ Estimated taxes abated on new equipment over the five year abatement period — $47,436 ➢ Total taxes to be paid on new equipment over the five year abatement period — $55,509 EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will: ➢ Create 5 permanent, full -time jobs within the five year representing anew annual payroll of $208,000 ➢ 70 total jobs will be retained with a total annual payroll of $3J abatement period, 1606pd ira �:itxrk s Office APR 10 2016 KAREEMAH FOWLER CITY CLERK SOUTH BEND, IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES PAMELA C. MEYER BRIAN PAWLOWSKI AARON KOBB 227 W. JEFFERSON BOULEVARD SuiTE 1400 S. SouTH BEND, IN 46601 -1830 April 18, 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 Bill No. 16 -41 PHONE: 574235 -9371 FAx: 574235 -9021 RE: Personal Property Tax Abatement Petition for: The Lebermuth Company, Inc. Dear Council Member Ferlic: Please find the attached information pertaining to a personal property tax abatement petition for The Lebermuth Company, 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. The Lebermuth Company, Inc. will be investing approximately $1,200,000 in the purchase and installation of new equipment. This new equipment purchase will help 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 The Lebermuth Company, Inc. will be available to meet with the Committee on Monday, April 25, 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'� /4c--f Aaron Kobb Director of Economic Resources Filed in Clerk's Office APR 2 it 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES PAMELA C. MEYER BRIAN PAWLOWSKI AARON KOBB Payment Receipt - PayPal City of South Bend Secure payments by Page 1 of 1 Payment Receipt Amount Transaction time 11 Mar 14, 2016 07:51:01 PDT $250.00 Receipt ID $0.00 $250.00 USD 2660- 7427 -4141 -7350 Total $250.00 USD We'll send a confirmation email to janis.exner @federalmogul.com. This transaction will appear on your statement as PayPal f *CITYSOUTHBE. Paid to Shipped to City of South Bend JANIS EXNER 3605 WEST CLEVELAND SOUTH BEND, IN 46628 United States Your shopping cart Description Price Quantity Amount Tax Abatement Petition Application $250.00 1 �^ $250.00 Item total $250.00 Tax Total $0.00 $250.00 USD Filed in Clerk's Office APR 2 0 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN https:// www. paypal.com/us /cgi- bin/webscr ?cmd =_flow &SESSION= 7As5lewtgVzSdEj2g... 3/14/2016 1) How do I pay my petition filing fee? Your petition filingfee caps be paid either in person or via mail to: Or online via paypal at: City Clerk's Off ce http. Ilsouthbuidin.govlgovernuierrt/ rn Attn: Deputy City Clerk cotent/tax- abatwnrennt 227 }Pest 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 aruwer would be no. 3) Community Revitalization Enhancement District? (Page one, under project overview) Thn „tan helnw outlines the CRED area, please check to see if you fall within the boundaries. It r-:Z; .F x Ir_.. Legend Q CRE.D Dfttewt Q South Bend Pomb t art N -- - s - A 4) Has any 504 finding been received? (Page one, under investment details), 504 Funding is 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 full time Indiana resident positions) The amount of money to be spentper 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: 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 shcintze[aisouthbendin.eov Federal -Mogul Powertaln, LLC - 3605 W. Cleveland Rd., South Bend, IN - m 0 r_ N t7 I Americdn Olean Midwest e Federal -Mogul Corporation + 61 Airgas Stanch 3605 Cleveland Rd 0 _ d,� a ROAD MAP VIEW Hanson Bcvemge s !° Seivlees • _ a ` ice a-°s almarl Supercenter p mss.., � "• ��� Willlameon Employment Services, Inc _ C�PyN o Michiona Truck Center Ra � - a CITY CLERK, S6t1fM ED, FetlyeG�o� Laaett4 n yp ` C a y s 3 _ S X 6 - Darden Rd Hacienda Me=icnn n .'r Sanic Lb k of: .9605 Cl weland Rd ,,yCaioa'+� hO d - - Lark Or ,i Appiebee's 5 watn.rlsgp Tcnrer m Q pL,P . . u Q4 _ ...... Ckveland Rd .... .. . - _ . _ .Cleveland Rd - .w7?'A.Vi Ln CITY CLERK, S6t1fM ED, Federal -Mogul Powertain, LLC - 3605 W. Cleveland Rd., South Bend, IN Equipment List - 2016 Petition for Incentives - SB1- Statement of Benefits Personal Property Project: Chrysler GMET4 Cost Project Est. Start Date Project Est. Complete Date GMET4 Riser Milling 119,000 15- Apr -16 1- Nov -16 GMET4 Line Loading 43,600 16- Apr -16 1- Nov -16 GMET4 Proof Turn (2 MC's) (Gosiger) 407,000 15-Jun-16 1- Nov 46 GMET4 Spigot (Gosiger) 193,500 15Jun -16 1 -Nov -16 GMET4 Radial Drill machine (HSE) 234,700 15- May -16 1- Nov -16 GMET4 Crown Machining (Gosiger) 193,500 15- Jun -16 1- Nov -16 GMET4 Pin Hole Rough Boring (MUNG) & Featuring (HSE) 375,600 15- May -16 1- Nov -16 GMET4 Ring Grooves (Gosiger) 387,000 15Jun -16 1- Nov -16 GMET4 Single Spindle Mill (Valves) (HSE) 276,200 15- May -16 1- Nov -16 GMET4 Single Spindle Mill (Boss Milling and Lubeslots) (HSE) 275,200 15- May -16 1- Nov -16 GMET4 Diamond Turn (2 Rebuilds) (FMylncludes DT 102 500,000 15- Apr -16 1- Nov -16 GMET4 Accuriser (Deschamps) 228,800 i5-Jun-16 1- Nov -16 GMET4 Ultrasonic Wash (HSE) 111,100 15-Jun-16 1- Nov -16 GMET4 EOL Gauge (Otto Harrandt) 342,300 15Jun -16 1- Nov -16 GMET4 Valve Pocket Brush 6,000 15- Jun -16 1- Nov -16 GMET4 Ultra Sonic (Otto Harrandt) 237,900 15- Jun -16 1- Nov -16 GMET4 Semi- Finish Boring machine (Deschamps) 228,800 15- Apr -16 1- Nov -16 GMET4 Infrastructure 163,000 15- May -16 1- Nov -16 GMET4EWAB Conveyor 285,700 15- May -16 1- Nov -16 GMET4 EOL Vision & Laser Marking 128,000 15- Apr -16 1- Nov -16 Line Unload Robots 43,600 15- Apr -16 1- Nov -16 GMET4 Casting Cells (2)EOL Vision & Laser Marking 3,100,000 041512016 & 06/01/2017 06/16/2016 & 0811512017 GME T4 Pin & Cip Assembly Module 250,000 15-Jun-16 15- Aug -16 Total Cost 8,128,200 Project #2: GM Uplift Cost Project Est. Start Date Project Est. Complete Date GM GEN V Uplift Milling Mach 1,064,000 15- Aug -16 1- Nov -16 GM GEN V Uplift Robots for Milling Mach 70,000 15- Aug -16 1- Nov -16 GM GEN V Uplift Upgrade loading with Robot /Airknife 80,000 15- Apr -16 1- Nov -16 GM GEN V Uplift Assembly Modules 110,000 154un -16 1- Nov -16 GM GEN V Uplift Diamond Turn Upgrade 500,000 15- May -16 1- Nov -16 GM GEN V Uplift Conveyoring 63,000 15-Jul-16 1- Nov -16 Total Cost 7,887,000 4' °' <•, ..-.•X :� �� Project #3: GM Uplift Cost Pr ' Est. S A DWI Project w om Date-- - GM Duramax Assembly Machine 1,300,000 ar -16 5"3u - Total Cost 1 300 000:: , , I t ArFI V n on4f. I I TOTAL: ALL PROJECTS Cost P oject ARE Est tart DA Project lvl�strropi ate Three Capital Invest Projects - Retaining 544 Employees 11,315,200 Ma We Have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meals the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1- 12.1 -2.5, provides for the following limitations as authorized under IC 6-11.1- 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 S . The type of deduction that is allowed in the designated area is limited to: i. Installation of new manufacturing equipment; Yes ® N o Q Yes O N o 2. Installation of new research and development equipment; ® ` 3, installation of new logistical distribution equipment. ®Yes ONO 4. Installation of new Information technology equipment; Dyes ONO C. The amount of deduction applicable to new manufacturing equipment is limited to $ cost with an assessed value of $ D. The amount of deduction applicable to new research and development equipment is limited to $ cost with an assessed value of E . The amount of deduction applicable to new logistical distribution equipment is limited to $ cost with an assessed value of F The amount of deduction applicable to new information technology equipment is limited to $ cost with an assessed value o` G. Other limitations or conditions The deduction for new manufacturing equipment and/or new research and development equipment and/or new logistical distribution equipment and/or new information technology equipment installed and first claimed eligible for deduction on or after July 1. 20M is allowed for: IQ 1. year 116 years For EIRNs established prior to July 1, 2000, only a 13 2 years ❑ 7 years 5 or 10 year schedule may be deducted. ❑ 3 years ❑ H years ❑ 4 years ❑ g years [� 5 years " ❑ 10 years " Did the designating body adopt an alternative deduction schedule per IC 6- 1.1- 12.1 -177 a Yes Ca No If yes, attach a copy of the alternative deduction schedule to this form. Also vie have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved. (signafwe and ffffe of authddzed member) r ephone number f Dale signed (month, day, year) ) ll w,... -...w �..,. 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- 12.14.5 Page 2 of 2 STATEMENT OF BENEFITS FORM SB -1 I PP PERSONAL PROPPERTY RTY Stale Form 51764 (112 / 12 -11) Prescribed by the Department of Local Government Finance PRIVACY NOTICE The cost and any specific individual's =ofis confidential: the balance of the filing is tc record er IC 6d.1- 12.III i jc) and d INSTRUCTIONS. ) t, This statement Must be submitted to the body designating the Economic Revitalizafon'Ares prior to the public hearing if the designating body requires infounation from tha applicant in making its decision about whethertc designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and /or research and development equipment. and/orlogistical distribution equipment and/or, information techno logy equipment for which the person wishes to claim a deduction. Pr %cts "planned or committed to after July 1. 1967. and areas designated after July 1, 1967, require a STATEMENT OF BENEFITS. (IC 6.1.1 -121) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained priorto installation of the new manufacturing equipment and/or research and development equipment and /orlogistical distribution equipment and /or information technology equipment, BEFORE a deduction may be approved 3. To obtain a deduction, a person must file a cedifled deduction schedule with the person's personal properly return on a cert/fied 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 fled 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 hilly functional, unless a filing extension has been obtained. A person who obtains a filing extension must Ale the form between March 1 and the extended due date of that year 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF -1 / PP annually to show compliance with the Statement of Benefits_ (IC 6- 1.1- 12.1 -5.6) 5. The schedules established under 1C 6- 1.1- 12.1- 4.5(d) and (a) 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). Name of taxpayer Federal Mogul Powertrain, LLC Address of taxpayer (numberand street city slate, and ZIP codal 3605 W. Cleveland Rd., South Bend, IN 46628 i Name of contact person Telephone number William Maki, Plant Controller (574)271 -5910 Name of designating body Resokn:on number is City of South Bend Common Council Location or property County OLGF taxing district number 3605 W. Cleveland Rd., South Bend, IN 46628 SL Jose h 71008 - German Twp. Description of manufacturing equipment and /or research and development equipment ESTIMATED and /or logistical distribution equipment and /or information technology equipment. (use additional sheets if necessary) START DATE COMPLETION DATE 1) Manufacturing Equipment- Chrysler GMET4 Line Manufacturing Equipment March, 2016 August, 2017 2) Manufacturing Equipment - General Motors Uplift Line R & D Equipment 1 I Logist Dist Equipment 3) Manufacturing Equipment - GM Duramax Assembly Machine iT Equipment Current number Salaries Number retained Salaries Number additional Salaries 544 36,485,146 544 36,485,146 0 0 MANUFACTURING LOGIST DIST NOTE: Pursuant to IC 6 -1.1- 12.1 -5.1 (d) (2) the EQUIPMENT R 8 D EQUIPMENT EQUIPMENT IT EQUIPMENT COST of the property is confidential. COST ASSESSED COST ASWSSED COST ASSESS VALUE ES COST ASSESSED VALUE i Current Values 117,828,028 31,925,970 Plus estimated values of proposed project 11,315,200 3,394,560 Less values orany property being replaced o o Net estimated values upon completion of project 129,943,726 35,320,430 I 111111111441011114 . Estimated solid waste converted (pounds) WA lP ) Estimated hazardous waste convert (poun )NIA Other Matti: In adS1ton i�o 544 high paying manufacturing jobs being retained by these projects from this new business, If rded t the Fjil r� fad, continual investment by Federal -Mogul in its South Bend facility insures it will remain competitive not only nag naly, b more 1 �y►�p i Internationally, and thus ensures its long -term viability to remain a reliable, high - paying employer in the St. Jo ph Co the C' of South Be d. SECTION • r I Weby certify that the representations in thW statement are true. r �� i(gnalure of authoriz p esentative 'Rile Date signed (month, day, year) Plant Controller j March 14, 2016 , Wt li Maki, CPA, Plant Controller ` Page 1 of 2 Vilj 'iai;isthecurrentassessedvilue? . _ Reaihoperty: 83.371.200 Perm I fH: ,, $31.925,870 what is the projected assessed value? Real Property: $3,371,200 PersomiPraperty $35,320,430 What is the ax key number for this project? St. Joseph Co. Personal Property Number. 71- 109 - 12350-00 What ls the six digit NAICScode? 336350 - Motor Vehicle Transmission and Power Train Parts Manufacturing VlMeattsch a Goggle map and street view of the location. See Attached Please list the ammmtofralandpersomIprepertytaxes paid for the last five years wlian applicabla W1WVrdpertyTaues: PeisoruIP'roperly7axes: Y IrI"a 14Pay15 $137,189.68 $1,041,500.78 YearTvro 13PO14 $137,42528 $974,802.42 YearThree 121P8y13 $138,039.04 $837,884.20 Yariour 11Pay12 $153,994.62 $884,783.68 Year Five 10Pay11 $155,729.54 $869,887.62 Staff Use Please fill out the Public Benefit Summary Information Only and add to the total from above. Y r N Points Po nA Public Benefit item: x _ P_�tac[ Related 5 A. Redevelop a Site that has Special Needs 49 B. Develop Based on local. University Research 35 C. Achleve p Physical Element of a Plan 36 Subdota) Project Related: 0 120 6 Suoer She Protects (ooiM values are ctimulativei: A 100%to 199%: 25 B. 200 % to 299% 68 C, 300 %to 399% 65 0. 40 nd t]ver 52 Sub total5uper S1ie Projectsi i 0 210 7 Pav for Munidcal irifra'str Ctury `A. Pay for Oversliing or Upgrading .. 8 Pay for 26, OS of Extension Cost 7 P %of E uioton n C Coosts, t = _ .. - : a0r0- 96 of .a te Etxe-.t.eny st 7 P.y or7r Siib` toW frifrastructure Related:, 34 26 39 52 0 131 Total from Apptltant SectiorN; , , 259 539 Total frarti Statfsection ; `. _ 0 461 Total 1k Be PointsB 254 1000 Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested Public t enefit item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. Please complete the table below with the appropriate information. if you qualify for the points, please enter the full amount of available points. Qualify (Yes or No) Earned Points Available Points i Construction Related (Contractorsh A. Employ Local Companies (75%) Yes 20 20 B. Purchase Mated , from Local Companies (75%) Yes 20 20 C. Require Employees vs. independent Contractors Yes 19 19 D. Require Prevailing Wage (Davis Bacon) No 0 22 E. Require Health Benefits No 0 22 F. Require Pension Benefits No 0 is G. IMaintain Affirmative Action Plan No 0 20 Sub -total Construction Related: 59 141 2 Wane & Benefit Related (Owneri: A. Pay Target Wage Levels Yes 33 33 B. Proylde Health Benefits Yes 34 34 C. Provide Pension Benefits Yes 29 29 D. Provide Training Yes 28 28 E. Provide Child Care No 0 15 F. Provide Transportation Assistance No 0 14 G. Provide Employer Assisted Housing program No 0 9 Sub -total Wage & Benefit Belated: 124 162 3 ifJoridorce Related A. Create New Jobs No 0 42 B. Retain W!tlng Jobs _ Yes 41 41 S: Maintainn! rrnativeActionPlan : _ . Yes 35 35 D. ProvideT.argetedHh9ngPreference No 0 34 Sub- totallNoildorce Related 76 152 4 Su000rt a Munlaoai FadlRv '. A. Support a SBMunidpa! Fadtlty (donatloni to the ioo� mnservato_ry, museum, etc) .;. , No 0 84 -Name of Fa .lty, Sub4otalllAueidpaiFidgty! -; 0 84 Sub -total from Above: 259 539 The undersigned owners) of real property, lowted within the Gty of South Bend, herby petition the Common Council of the Cify of South Bend for a real and/or personal property tax abatamettt Aeration and pursuant to I.C. , 6- 1.112.11; et sen ,and South Bepd Munidpa) Code Seq „276 et sea . fob thjs petition Mate the above - • William Maid, Controller March 14, 2016 Full-Time Permanent Indiana-Resident Positions Calendar Year lobs retained Total hourly Cumulative tl of net tetN fup time [1ouAy eve waec; w/o Total training Total g to be wage w/o permanent jobs created at project benefits or bonuses, of expenditure- trained-pot fringe or cumulative net new jobs not cumulative Bonuses cumulative 2015 544 $20.86 0 $20.86 $127,979 544 20i6 0 $21.13 - $130,000 544 2017; 0 Not Known TBD All 2018 0 No Known TBD Ali 2019 0 Not Known Not Known 2020 0 2021 0 Not Known 2022 - 023 $ - - 202s } - 2026 - • • . • . • • • �� t�w�:Q�*��, ,� �v �;- •*��s;FidtUme,. ..,_ PaFttlme ' . °z�` r� laborers No New Hiring for these Projects: 544 Retained Jobs No New Hiring for these Projects: 544 Retained Job's 7edmiwl , No New Hiring for these Pro eats: 644 Retained Jobs C J No New Hirin for these Pro ects: 544 Retained Jobs 9 J Managerial No New Hiring for these Projects:644 Retained Jobs No New Hiring for these Projects: 544 Retained Jobs Re ' No Naw Hiring for these Projects: 644 Retained Jobs No New Hiring for these Projects: 544 Retained Jobs " o s a resporfs a root na gw„ > .: -may max su> Riley Crandall DnesyourcomparyhaveEEObir�lnspalhY1 Yes ArsyouanEEOeloyer7 Yes f -, - �• • . . . . • Please desttlbeyourtommitrnEntto the last three dHesTty and indu Ioe 6y deUUing your years: outreach andreaultmante}fortsfor�he►ast ,,, - Year' 2013 2014 2015 threp yearsaawellasturrentpolicies .:" ;Full Time :'PartTime': Fu me Partttme FUND- Part Time 62 0 69 0 77 0 ederel Mogul, an employer, and Irs EEO ruslrator, Even Stag, overseas plan Its EEO ent. modification, Implementation and 19 19 0 20 0 0 ng requirements -ifs part of the companfs to the dveral process. It seeks to 0 6 0 4 0 3 sure affirmative action to provide equality of porknRy In all aspects of employment, and the Indian s 0 0 0 0 0 0 personnel acgviges, glia recruiUn9,n9, discipline, layoff and termination remain flea of illegal disrrtminaDon le maiment FM performs regular reviews of bauia 120 0 116 1 0 113 1 0 Qtlrer 4 0 4 0 6 0 s po0cy to ensure compliance. Primary Contact Information p!Im*coinpanycodtdctname' WdIiaMMaki Tale Plant Controller Address ofcompahy contact 3605 W Cleveland Rd. Phone (574) 271 -5910 Gty, State, 21p Soutit Band, IN 46628 Emil william.maki@federaimogul.com !Senior Official tftony senior official name steveMick Iltle Plant Manager Address of company contact (If different from 3605 W. Cleveland Rd. Phone (574)271 -5920 Gty, state, Zip South Bend, IN 46628 Consultant information/Agent Ema�i stev..rnick @fed.ralmogul.com 114abusinessconsuttant /ageMname Mitchell W. Wilson �°esulhntrelase(Y /N( y Address Ad Valorem Tax, Inc. - 251 W. Garfield Rd., Ste. 287 Local economic development partners - a1mroval N ' State Zip Aurora, OH 44202 ErO°ll mwwQavti.com Project Overview gllefdescriptlon of...... " eamparryrpro)ect andwhythe Federal -Mogul Powertrain LLC Is a manufacturer of automotive pistons. Customers include most of the major automotive manufacturers. Operations in South Bend, IN began in 1987. Federal -Mogul has consistently employed over 500 property is necessary for employees over the past 8 years with total salaries In excess of $21 million. Total sales generated from the South Bend dconom)eerawth facility currently exceed $119 million. The new projects represent new business growth for sustained business at the South Bend facility and continued retained highly compensated employment levels. There are three projects for new business production lines inducted as part of the Petition: 1) Chrysler CMET4 production line - total expected investment of $8,128,200, 2) GM Uplift production line - total expected investment of $1,887,000, and 3) GM Duramax Assembly Machine - total expected investment of $1,300,000. The expected cost to be invested in the three projects totals 311,315,200 and will permit continued high levels of retained existing employment. Approval of this application will allow continued capital investment in the South Send facility. Without additional investment, new business and greater production efficiencies offered by new processes and new product lines, some levels of existing production would likely be shifted outside of Indiana, most likely to another country, resulting in the facility's employment levels and associated tax revenues to the County both declining. CertlfledTachn ',oloayParliapprcpriate: -_ _ WA CommanityaeiAtaltrationirnhanoerrient - ­ �. Iii WA cerilfy that the 8uild irr6Peirrbkhasnotbeen" WA — -< N/A Ai I if tMsG a petitlon for pdrsonetproparttr tax abetemen ;has No, the equipment has not been Installed nor has It been delivered to Indiana. the ul meat been instilled site of project to dollars) reoiivdT kniml, fortha pro)eet7 WA N/A Labor on Equipment installation TED Fled in Clerk's office gig R I Z � a .lO) O e- ^Ono 0 CA CO M M coo IT N O — OCO CA M 1- OD r C0 d Oct Iq N V' r' Q CCOO h COO -W a- a- T� dl o X10 Nov00) m 00 o 1ov CD 0) LO � -CMO N J co (D M ll to t. .- a- CO N 0 cli (A to co M � } CO) Cd coF) v N N d I"i ItM M (0 OOD N N a- V' M �r NOeOt(OYO- V- Lo O co 0ON Lc) p, } � Cp Lff d (O CO d.6 040 NM o0o C vO NI `.° r� Q f� r 0`a C Ld } 04 ui U) N M r CL k o o Cl) O 0 —CO LC N W ONC_ C COO N 0070 Cl) (D O ai Q C O o 000 O O O d Nn VO' Cn •M' N co M N Z � a .lO) O e- ^Ono 0 CA CO M M coo IT N O — OCO CA M 1- OD r C0 d Oct Iq N V' r' Q CCOO h COO -W a- a- T� dl J a -a-a -N N m 00 OON �ONO1N CD rOti � -CMO � J H N (D M N •"' N M N .- a- Co IT O r N C14 — r co M � h 0 I-M M d I"i ItM M N N a- �r I� 00� OD co � 000 040 NM 3 C vO NI N 00 co f� r C m �Q } 04 ui r cf) a tNA CL k V" v ct; C O ai Q C O o 000 O O O ~ N oa CO W LL 0 > U a) W A 0 0 wCL ° o 00') W ?+a aaj OM M C4) 0 Y as E x e 7 N t� U W 3 � v (D N a) C j O N y O Q. (`u v> r vi 4) d � U >� am �� N m.. a)Y t` o y N a) a) y m N m 41 m m. Uw a) Q �.E <1 < �' wz a °z �'UOU m Q c<< E -.g U } L) N y N O w i 1� Um� Q CD3 U Z � a .lO) O e- ^Ono 0 CA CO M M coo IT N O — OCO CA M 1- OD r C0 d Oct Iq N V' r' Q CCOO h COO -W a- a- T� dl oint`CD M�t a -a-a -N N CMDtiNM�A CtS i- M M Lo V �= O C C11 OD tr l�V C-4 aM- mmm,mm � X W a) m M V 0 C Z O M CCoo MI-INM(n. n (DvN9u) r N C14 — C y O O O O O . W~ h- co CA O — N a -a-a -N N } N N N N N T T T T T mmm,mm � ao - ao.a. F°- N 7 V1 r a) CD .� H N N U .d. C x w C C C O a) � to m a m � a) o � a) o m E• a) S_ M 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. 1iRESFNTEE� AOT APPROvFc AI)-)P s Pr Member of the Common 2 rhea in Is Office mcil 1 l APR 2 0 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN 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 3605 W. Cleveland Rd, South Bend, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR: Federal -Mogul Powertrain, 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 3605 W. Cleveland Rd, South Bend, IN 46628 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 seg., 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 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 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 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 a (5) five -year personal property tax abatement under section 2 -84.2, Tangible Personal Property Tax Abatement. TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: AARON KOBB SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: Federal -Mogul Powertrain, LLC DATE: April 19, 2016 On Tuesday, April 19, 2016, a petition from Federal- Mogul Powertrain,_ LLC was. received __ and subsequently filed with the City Clerk for personal property tax abatement consideration for property to be located at 3605 W. Cleveland Rd, 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 ➢ Approximate $11,315,200 purchase of new equipment to facilitate new business growth and retain the existing workforce. ➢ Total taxes on new equipment over the five year abatement period — $970,694 ➢ Estimated taxes abated on new equipment over the five year abatement period — $447,285 ➢ Total taxes to be paid on new equipment over the five year abatement period — $523,409 EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will: ➢ This new equipment purchase will not add any new jobs but will retain 544 permanent, full -time jobs representing a new annual payroll of approximately $23,603,507 ...__ Filed in Clerk's Q[fice APR 219 2016 KA,REEMAH FOWLER CITY CLERK, SOUTH BEND, IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES PAMELA C. MEYER BRIAN PAWLOWSKI AARON KOBB 227 W. JEFFERSON BOULEVARD SuIrE 1400 S. SOuTH BEND, IN 46601 -1830 April 19, 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 Bill No. 16 -40 PHONE: 574/235 -9371 FAX: 5741235 -9021 RE: Personal Property Tax Abatement Petition for: Federal -Mogul Powertrain, LLC Dear Council Member Ferlic: Please find the attached information pertaining to a personal property tax abatement petition for Federal -Mogul Powertrain, 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. Federal - Mogul Powertrain, LLC will be investing approximately $11,315,200 in the purchase and installation of new equipment. This new equipment purchase will allow for new business growth and the retention of a highly compensated workforce. The project meets the qualifications for a (5) five year personal property tax abatement. A representative from Federal -Mogul Powertrain, LLC will be available to meet with the Committee on Monday, April 25, 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. Sinceerreel -y, .," 14oej Aaron Kobb. Director of Economic Resources Fled in Clerk's Office APR 2 n tats KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT PAMELA C. MEYER BRIAN PAwLowsm ECONOMIC RESOURCES AARON KOBB Resolution Establishing the Date and Place for the Retirement of Original City Flag Page 2 Section II. The Common Council encourages members of the public to attend this City Flag Retirement Ceremony, as a new chapter in the history of South Bend, Indiana is written. Section III. As a part City Flag Retirement. Ceremony, the original City Flag shall be housed in a place of honor for the public to see for generations to come, with the History Museum being charged with this high honor. Section IV.. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor, Tim Sco uncil em er South Bend Common Council President Gavin Ferlic,, Council Member at Large Committee of the Whole Chairperson s; Kareemah Fowler, City Clerk Office of the City Clerk. PRESENTED NOT APPROWD ADOPTED Pete E ' City of S uthRWdj k 11.'S office APR,1 16; KAREEMAH FOWLER CLERK, SOUTH BEND, IN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A DATE AND LOCATION FOR THE FORMAL RETIREMENT CEREMONY OF THE SOUTH BEND CITY FLAG TO A PLACE OF HONOR CNI" the South Bend Common Council notes that on November 10, 2015, it adopted Resolution No. 4509 -15 which formalized a process for public participation and selection of a new City Flag for the City of South Bend, Indiana; `with that Resolution also calling for the Council to "...adopt a Resolution setting forth the date and proper procedures to retire the current City Flag to a place of honor; and 690 a, the City Flag which has proudly flown in South Bend for the past several years displays the official City Seal, which was formally adopted before 1933, and is depicted as follows: Qom, at this evening's meeting of the South Bend Common Council, Bill No. 07 -16 is on the agenda to formally approve a new City Flag for the City of South Bend, to incorporate provisions into the South Bend Municipal Code, with the new flag depicted as follows: Off, in light of the action taken by the Common Council on Bill No. 07 -16, it is appropriate to establishment procedures and a date to retire the original City Flag. Section I. The South Bend Common Council in conjunction with the City Administration hereby set the official retirement ceremony of the original South Bend City Flag to take place on Friday, May 6, 2016, at 10:30 a.m. at flag pole immediately in front of the South Bend Police Department Headquarters, 701 W. Sample Street, South Bend, Indiana 46601. Bill No. 16 -39 Common Council City of South Bend Indiana Tim Scott, Council President 4v' Floor Co .. my -City Building 227 WesdOfferson Boulevard South Bend,;indiana 46601 (574) 23S -5980 (574) 235 -9173 Facsimile (574)235 -5567 Ti'Y/TDD April 19, 2016 The South Bend Common Council 40' Floor County -City Building South Bend, Indiana 46601 Dear Council Members: We are pleased to introduce the attached Resolution. It would formally establish a date, time and place for a public ceremony where the current City Flag would be officially retired to a place of honor, in the event that the ordinance addressing the new City Flag is passed by the Council. We recommend that this Resolution be sent to the Community Relations Committee for review and a positive recommendation. Thank you. Mos Tim Scot. uncil Member Council President Gavin Ferlic, Council Member at Large Committee of the Whole Chairperson Attachment Filed In Clerk's Office APR 19 2016 KAREEMAH FOWLER IN c. Contiguity requirements (to draw districts as one connected area); d. Communities of interest, city and county boundaries; e. Political competition, where this does not conflict with the above criteria Resolution in Support of Redistricting Reform Page 2 f. Compactness, where this does not conflict with the above criteria; 3. The addresses of any individual, including an incumbent officeholder or candidate, shall not be considered when any district is drawn. 4. The Commission should conduct a transparent redistricting process with full opportunities for public participation. All redistricting plan information should be available in a timely fashion, free of charge, via a public website and other means. The public should be provided the ability to draw and submit maps for Commission consideration. 5. The public should be given ample notice to participate in any Commission meetings and meetings should be held in at least 3 different geographic regions of the state. 6. Members of the Commission must be prohibited from all off -the - record communications with anyone (including lobbyists, political party officials, elected officeholders and candidates), except staff and legal counsel. 7. Redistricting should occur once every 10 years following the decennial U.S. Census and Congressional Reapportionment. Section II. The Office of the City Clerk shall send a copy of this Resolution, following Common Council disposition, to all State Representatives and State Senators representing the City of South Bend, to the Special Interim Study Committee, and to the League of Women Voters for the South Bend area. Section III. This Resolution shall be in full force and o d after i tion by the Common Council and approval by the Mayor. n � /i��` uncil Member 1r J-*Dal Council Vice - President South Bend Common Council o(A Coi&I Member egma Willi 2nd District Council Member South Bend Common Council F 0T APPROW WWP76D District Council Member Filed in Clerk's Office APR 18 2016 KAREEMAH FOWLER C17YCLERK. SOUTH BEND. IN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA IN SUPPORT OF REDISTRICTING REFORM FOR INDIANA WHEREAS, the current redistricting process creates a potential conflict of interest—as state legislators are effectively choosing their own constituents; and WHEREAS, the redistricting process should be conducted in an open manner with real opportunities for public dialogue and feedback, not behind closed doors; and WHEREAS, public input and involvement in the redistricting process will empower our communities by allowing them to elect representatives who represent their interests on issues that are important to their lives; and WHEREAS, the boundaries of state districts are currently drawn by legislative incumbents, often sacrificing the integrity of neighborhoods and cities; and WHEREAS, important principles such as the protections of the federal Voting Rights Act of 1965 and respect for neighborhoods and cities should be clearly listed for a Commission to abide by; WHEREAS, voters are more likely to participate when they feel that their vote will count and that they have a reasonable chance of electing candidates who represent their interests; and WHEREAS, elected officials are more responsive to constituents when voters have a choice of candidates, thus increasing accountability and serving the best interests of the voters of Indiana; and NOW, THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council urges the Special Interim Committee on Redistricting to produce a final report that supports comprehensive redistricting reform which incorporates the following: 1. The state of Indiana should establish a citizens -led commission composed of Indiana voters who are representative of the state's diversity, partisan balance, and geography, for all future redistricting. This Commission will oversee the process to draw the lines of the state Senate, state House of Representatives and Congressional districts. 2. District boundaries should be drawn according to clearly described criteria, including respect for: a. The U.S. Constitution's requirement of one person, one vote; b. The Voting Rights Act (VRA); Fax: 574.235.9173 April 18, 2016 The South Bend Common Council 4t' Floor County -City Building South Bend, Indiana 46601 The South Bend Common Council 4* Floor County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 -1830 274.235.9321 Re: Resolution Supporting Redistricting Reform Dear Council Members: Bill No. 16 -37 IDD: 574.235.5567 On April 4, 2016, the U.S. Supreme Court upheld the principal of "One Person, One Vote" in drawing legislative districts in states. A Special Interim Committee on Redistricting is to be composed of legislators and private citizens to study the redistricting process. This committee is "...to evaluate the potential benefits, consequences, costs, and issues that would need to change in the method for establishing Indiana General Assembly and United States Congress election districts ". This committee is to complete its responsibilities before December 1, 2016. The proposed attached Resolution would urge the Special Interim Committee on Redistricting to produce a final report which supports comprehensive redistricting reform, which is fair and reasonable. We request that this proposed Resolution be referred to the Council's Community Relations Committee for review and recommendation. I further request your support of this Resolution. Mfl i .W 2°d District Council Member tip}: died in Clerk's Office ,APR i 8 2016 KWEMAH FOWLER WYCLERK, SOUTH BEND, IN Cataldo Annexation Area MAP 1 16 Cataido Annexation Area 15 LEGAL DESCRIPTION A part of the East Half of the Northeast Quarter of Section 21, Township 37 North, Range 2 East, described as follows: Beginning at a point on the East Line of the East Half of the Northeast Quarter of Section 21, 421.68 feet North of the Centerline of State Road 23; thence South 880 24' West, 768.80 feet; thence South, 795.81 feet to the Northwesterly right -of -way line of State Road 23; thence Southeasterly, 175 feet, more or less to a point on the Southerly right -of -way of State Road 23; thence Northeasterly along said Southerly right -of- way, 794 feet, more or less, to a point on the East Line of Said East Half; thence North along Said East Line, 470 feet, more or less, to the point of beginning, containing 12.8 acres, more or less and subject to easements, covenants, and right -of -way of record. Cataldo Annexation Area 14 SECTION VI. APPROVAL Approved by the City of South Bend Common Council this day of 2016. Cataldo Annexation Area 13 TABLE 1 Summary Table - Estimated Fiscal Impact Expenditures Capital (Est.) Non - Capital Per Year (Est.) Notes 5 -Year Total Street Construction $0 $54,062 Year 2 $p Sewer Extension $0 Year 4 Connection at petitioner's expense $0 Water Extension $0 Estimated at.revenue per mile of $22,700 Connection at petitioner's expense $0 Street Lights $0 $0 Street Maintenance $0 $0 $0 Police $0 $808 $4,040 Fire $0 $678 $3,390 Code $0 $127 $635 Approximate 5 -Year Expenditures $8,065 Revenues Notes Total (Est.) 5 -Year Total Property Taxes (to City) Year 1 $2,886 $54,062 Year 2 $2,886 Year 3 $5,249 Year 4 $5,249 Year 5 $37,792 MVH /LRSA Estimated at.revenue per mile of $22,700 $0 $0 Approximate 5 -Year Revenues $54,062 Revenue estimate based on $189,100 net assessment and capped tax rate of 2% of $189,100 gross assessment prior to development; $250,000 net assessment and capped tax rate of 3% of $250,000 gross assessment, first taxable in Year 3; and $1,800,000 net assessment and capped tax rate of 3% of $1,800,000 gross assessment, first taxable in Year 5. Cataido Annexation Area 12 SECTION V. FISCAL IMPACT 1) Essential city services can be made available to the residents (and territory) of the Annexation Area in a timely and comparable fashion per the requirements of State law and this fiscal plan. 2) The City is financially able to support city services to the territory sought to be annexed. 3) Required improvements made by the petitioner and /or owner of the parcel(s) must be made in accordance with the standards of the City of South Bend. 4) Required improvements made by the City will be completed within the time frames provided by State law and this fiscal plan. 5) All figures are estimates. Final cost of capital expenditures, if any, will not be determined until bids are publicly solicited, contracts are awarded, and projects are closed out. 6) Property tax revenue and land assessment estimates are based on a combination of 2015 payable 2016 tax information, taxes paid in previous years by comparable development, estimates of units built, estimates of unit values and land assessments, and tax abatements or adjustments, if any. Tax rates are subject to change every year, and property tax revenues may be subject to tax caps. 7) Department expenditures and revenues are derived from the City of South Bend Budget. 8) The estimated costs to provide services, noted in Section III, Municipal Services, is a City- wide average based on a particular budget year. In the case of the proposed development in the Annexation Area, some of these services may not be required or possibly requested for many years. Hence, the cost of providing services over the first five years should be evaluated with this in mind. Cataldo Annexation Area 11 SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA This proposed annexation will add one single-family house on a large wooded lot to the City of South Bend. The petitioner plans to develop the parcel for commercial uses. The Annexation Area is presently zoned "A" Agricultural District in unincorporated St. Joseph County. A tilled farm field zoned "A" Agricultural District in unincorporated St. Joseph County is located to the north. To the east is a single- family house zoned "A" Agricultural District in unincorporated St. Joseph County. To the south, across State Road 23, is vacant land zoned "SF -1" Single Family and Two Family District in the City of South Bend. To the west is a storage facility zoned "C" Commercial District and tied to a final site development plan in unincorporated St. Joseph County. The Annexation Area is located on Prairie Avenue (State Road 23), northeast of the interchange with the St. Joseph Valley Parkway. The surrounding area has a mix of single - family residential, multifamily residential, industrial, and agricultural uses. The petitioner's proposed development may serve and be in keeping with the commercial and residential development proposed by the Pokagon Band of Potawatomi Indians for land south of the Annexation Area. The petitioner's preliminary site development plan shows a gas station with a convenience store of 2,475 square feet, six other commercial buildings of varying sizes, and parking areas totaling 402 spaces. The overall project would have three driveway approaches to Prairie Avenue. As the site develops, the petitioner should seek to limit parking to what is necessary for business operations. Parking should be shared among the commercial uses proposed. The petitioner should add a 10- foot -wide sidewalk along Prairie Avenue as part of site development, and complete streets principles concerning bicycle and pedestrian connectivity should be exercised in the site's internal layout. To the extent possible, mature trees and other natural features of the Annexation Area should be retained, especially along the site's perimeter. Any improvements or future changes must meet the City's applicable building, zoning, and subdivision ordinances. Cataldo Annexation Area 10 and dedicated response will be in place within one year of the effective date of the annexation. 2015 Actual Budget Report for the Department: Expenditures: $6,096,903 Number of Parcels in City (2016): @48,190 Cost per Parcel: @$127 Proposed Number of Parcels in Area: 1 Cost for Annexation Area per year: $127 (1 parcel x $127 / parcel) E. Environmental Services Wastewater Treatment - Wastewater treatment services are supported by user fees, and are paid through the Water Works billing system. Solid Waste - Larger scale commercial customers are generally not served by the Bureau of Solid Waste. However, the Bureau of Solid Waste is able to provide service to small commercial customers at $13.82 per month, or the prevailing rate at that time, for a 96 gallon container with service beginning on the effective date of the annexation. F. Administrative Services The City. of South Bend provides a wide range of services other than those noted above, such as the Mayor's Office, the Legal Department, and Parks & Recreation. These services are available upon the effective date of the annexation. Full and dedicated response for non - capital services will be in place within one year of the effective date of the annexation. Costs for these services have not been calculated. The incorporation of the Annexation Area will not affect the provision of other services currently provided to this property on a countywide basis. The St. Joseph County Health Department, the St. Joseph County Public Library, the Area Plan Commission, and the St. Joseph County /South Bend Building Department are among the countywide agencies that will continue to provide the same type and level of services to the Annexation Area. Countywide services will continue to be supported by the County and Township taxes that will remain in effect. Cataldo Annexation Area 9 C. Fire Department & EMS Fire Response - The South Bend Fire Department provides a fully staffed, full -time fire department. The Annexation Area will be serviced primarily by Fire Station #5, located at 2221 Prairie Avenue, approximately 0.7 miles away. Approximate response time for a non - emergency call is one minute. Additional Fire Department units would respond from Fire Station #1 at 1222 S. Michigan Street, which is approximately 2.8 miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Fire coverage to this area could begin immediately upon annexation. Adequate water supply will be necessary as development takes place. Emergency Medical Response - The City will provide emergency medical response to the Annexation Area. This area will be serviced by Medic #2, which is at Fire Station #1, located at 1222 S. Michigan Street (approximately 2.8 miles away), and Medic #4 and #5, which are both at Fire Station #4, located at 220 N. Olive Street (approximately 2.7 miles away). Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Emergency medical services are supported by user fees and would be available upon annexation. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2015 Actual Budget Report for the Department: Expenditures (including pension cost): Number of Households in City (2010): Cost per Household: Number of Parcels in City (2016): Cost per Parcel: Proposed Number of Households in Area: Proposed Number of Parcels in Area: Cost for Annexation Area per year: D. Code Enforcement $32,662,107 @39,760 @$821 @48,190 @$678 0 1 $678 (1 parcel x $678 / parcel) The Annexation Area will be added to Area 6. The Department of Code Enforcement will be able to provide services to the Annexation Area with comparable response times. The Department will respond to calls for service upon the effective date of the annexation. Full Cataldo Annexation Area 8 B. Police Department The Annexation Area would be added to the existing Beat 25. Police patrols, traffic enforcement, and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area on this beat. At this time, it is not expected that this annexation would cause calls for service to increase significantly, and it is not anticipated that it will be necessary to increase police patrols beyond the existing beat patrol. The addition of this Annexation Area will not significantly increase response time within the beat. The cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. The patrol costs would be assumed by the Police Department budget. However, this area, as well as all other areas of the City, will continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possible shifting of existing resources, such as a beat restructure. Police services and response time in this area can be expected to be comparable with that as in all other areas of the City. Police coverage to this area could begin immediately upon annexation. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2015 Actual Budget Report for the Department: Expenditures (including pension cost): Number of Households in City (2010): Cost per Household: Number of Parcels in City (2016): Cost per Parcel: Proposed Number of Households in Area: Proposed Number of Parcels in Area: Cost for Annexation Area per year: $38,915,794 @39,760 @$979 @48,190 @$808 0 1 $808 (1 parcel x $808 / parcel) Cataldo Annexation Area 7 2015 Actual Budget Report for the Department: Expenditures: Miles of Roadway in City: Cost per Mile: New Mileage within Area: Estimated Maintenance Cost for Annexation Area per year: $16,966,846 @501.0 @$33,866 @0.00 miles (0 feet) @$0 Cataido Annexation Area 6 SECTION 111. MUNICIPAL SERVICES A. Public Works Sewer - A 12 "- diameter sanitary sewer pipe runs along the east side of Renewable Road (formerly New Energy Drive), about 500 feet northeast of the Annexation Area. This pipe has adequate capacity for the Annexation Area but would have to be extended to the western edge of the Annexation Area via a 36" gravity line at the petitioner's cost. Development of the site requires City approval of a drainage plan that meets the City's requirement to store on site all runoff from developed areas. The petitioner will also be required to create a surface water pollution prevention plan and obtain a Stormwater Discharge Permit prior to disturbing land. Water- The South Bend Water Works currently has a 10" water main on the north side of Prairie Avenue (State Road 23) that ends near Renewable Road, about 700 feet from the Annexation Area. This water main would need to be extended by the petitioner to the western edge of the Annexation Area but would provide adequate pressure to the Annexation Area. Extensions of, or taps into sanitary sewer and water lines shall be governed by I.C. 36- 9 -22 -2, I.C. 8 -1.5 -3 and 4, and the rules and regulations of the South Bend Water Works and Sewer utility. Street Lighting - No street lighting is currently provided on the streets within the Annexation Area. As necessary, street lighting on wood poles with overhead wiring can be provided through an ongoing contract with Indiana Michigan Power at a capital cost of $5,000 or less. If the developer wishes to construct and dedicate additional street lighting, especially of a decorative nature or with underground wiring, the City may accept it for maintenance and operation, supported by property tax revenue. Waivers of Annexation - No waivers of right to remonstrate against annexation are in effect for this area. Streets - No new public streets are proposed as part of this annexation. The only public right - of -way within the Annexation Area is State Road 23, a state highway that will continue to be maintained by the Indiana Department of Transportation. Thus, the City will not have any additional street maintenance expenses, and no additional gas tax reimbursements will be realized. An INDOT permit will be required for any new driveway approaches to private property. The petitioner shall provide curb and sidewalk along the north side of State Road 23. Cataldo Annexation Area 5 proposed annexation applies, on the political subdivisions in St. Joseph County not part of this annexation, and on taxpayers not part of this annexation. I. Parcel Ownership & Assessments Parcel Assessed Identification Address Parcel Owner Value Number (Total) 17- 1012 -0310 22027 Liberty Highway (State Road 23) Bruno and Rosa Cataldo $189,100 Total Assessments Land: $ 66,300 Improvements: $122,800 Total (Gross): $189,100 Total (Net): $189,100 Assessments are based on 2015 payable 2016 St. Joseph County property tax records. J. Municipal Legislative District The Annexation Area will be in the 6th District. K. Hiring Plan This annexation is not anticipated to result in the elimination of jobs for employees of any other governmental entities. The Portage Township Trustee has been notified of this proposed annexation. Cataido Annexation Area 4 E. Buildings & Land Use The Annexation Area contains one single- family house on a wooded lot. A gas station with a convenience store and other commercial uses are proposed for the land. F. Zoning & Subdivisions The one property in the Annexation Area is currently zoned "A" Agricultural District in St. Joseph County. With the annexation petition, the petitioner is seeking to rezone the land to "CB" Community Business District in the City. The Annexation Area does not fall within any subdivision of record. G. Population No people currently reside in the Annexation Area. After development, no residents are proposed to live in the Annexation Area. H. Tax Rate & Impact The tax rates used are those of 2015 payable 2016. The total tax rate for unincorporated Portage Township is 2.9723 per $100 of taxable real estate. The total tax rate for South Bend Portage Township is 6.0672 per $100 of taxable real estate. Per State law, the tax caps expressed as a percentage of the gross assessed value for different classifications of property are as follows, regardless of the property's location being within South Bend or unincorporated St. Joseph County: Property Type Cap Homestead Residential 1.0% Non- Homestead Residential 2.0% Agricultural 2.0% Other (Commercial) 3.0% For at least the four years after the effective date of the annexation, the expected tax rates, tax levies, expenditure levels, service levels, and annual debt service payments are estimated to be approximately the same as those in effect at the time of annexation for each of the political subdivisions to which the proposed annexation applies. Because of the relatively small size of the Annexation Area and its assessed value relative to the total size and tax base of the various political subdivisions, this annexation is expected, for at least four years after the effective date of this annexation, to have a negligible impact on the finances and tax revenues of South Bend and other political subdivisions to which the Cata /do Annexation Area 3 SECTION I. INTRODUCTION This Fiscal Plan represents the City of South Bend's (hereinafter, "City ") policy for the annexation of property in Portage Township, St. Joseph County, Indiana (hereinafter, "Annexation Area "), and was developed through the cooperative efforts of the Area Plan Commission and the following City Departments: Legal Department Department of Public Works South Bend Fire Department South Bend Police Department Department of Code Enforcement Department of Community Investment Department of Administration & Finance SECTION II. GENERAL DATA A. Location The Annexation Area is located on the northwest side of State Road 23, about 1,500 feet northeast of the St. Joseph Valley Parkway (22027 Liberty Highway /State Road 23). See Map 1. B. Legal Description The Annexation Area is part of the East Half of the Northeast Quarter of Section 21, Township 37 North, Range 2 East, in Portage Township, St. Joseph County, Indiana. For a complete legal description, see Page 15. C. Contiguity The Annexation Area is at least 1/8 (12.5 %) contiguous to the current City limits: Contiguous 865.68 feet 28.8% Non - Contiguous 2.139.61 feet 71.2% Total 3,005.29 feet 100% D. Size of Annexation Area The Annexation Area is approximately 12.8 acres in area. Cataldo Annexation Area TABLE OF CONTENTS SECTION I. INTRODUCTION.. ............................................... ..............................3 SECTION II. GENERAL DATA.......... ....................................... ..............................3 A. Location B. Legal Description C. Contiguity D. Size of Annexation Area E. Buildings & Land Use F. Zoning & Subdivisions G. Population H. Tax Rate & Impact I. Parcel Ownership & Assessments J. Municipal Legislative District K. Hiring Plan SECTION III. MUNICIPAL SERVICES S......... ............................. ..............................6 A. Public Works B. Police Department C. Fire Department & EMS D. Code Enforcement E. Environmental Services F. Administrative Services SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA ....................... 11 SECTION V. FISCAL IMPACT .................................................. .............................12 Fiscal Impact: TABLE 1 SECTION VI. APPROVAL .......................................................... .............................14 LegalDescription ......................................................................... .............................15 Map: MAP 1 ....................................................................... .............................16 2 Section IV. Site planning should employ Complete Streets principles; and sidewalks should be provided along public streets and be in compliance with the Americans with Disabilities Act (ADA). Section V. It is required as a condition of annexation that any future alterations to the property meet the City of South Bend's building and zoning requirements. Section VI. This Resolution shall be effective from and of the date of adoption by the Common Council. 'SOT APPROVII Member, South Bend Common Council Filed in Clerk's Office APR 15 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND. IN NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Portage Township, St. Joseph County, Indiana be annexed to the City of South Bend: A part of the East Half of the Northeast Quarter of Section 21, Township 37 North, Range 2 East, described as follows: Beginning at a point on the East Line of the East Half of the Northeast Quarter of Section 21, 421.68 feet North of the Centerline of State Road 23; thence South 88 °24' West, 768.80 feet; thence South, 795.81 feet to the Northwesterly right -of -way line of State Road 23; thence Southeasterly, 175 feet, more or less to a point on the Southerly right -of -way of State Road 23; thence Northeasterly along said Southerly right -of -way, 794 feet, more or less, to a point on the East Line of Said East Half, thence North along Said East Line, 470 feet, more or less, to the point of beginning. Containing 12.8 acres more or less. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of a non - capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. The South Bend Common Council, shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A ", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area with costs for extensions and any improvements in sewer or water capacity to be paid for by the developer in compliance with state and local law; that the developer will create a surface water pollution prevention plan and obtain a storm water discharge permit prior to disturbing the land; that the City can provide basic street lighting with expenses for additional or decorative lighting to be paid by the developer with possible maintenance and operation of additional lighting by the City from property tax revenue; and that no new roads or streets will be required. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN PORTAGE TOWNSHIP (CATALDO ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100 %) property owners which proposes the annexation of real estate located in Portage Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 12.8 acres of land now containing a single family home, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 28.8 % contiguous, generally located on the northwest side of State Road 23 northeast of the St. Joseph Valley Parkway (22027 Liberty Highway /State Road 23). It is anticipated that the annexation area will be used for a gas station with convenience store and other commercial uses; and WHEREAS, this development will require a basic level of municipal public services of a non - capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non- capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non - capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and- in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. 227 W. Jefferson Blvd. Suite 1400 S. South Bend, Indiana 46601 -1830 April 15, 2016 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT BRIAN PAWLOWSKI, ASSISTANT EXECUTIVE DIRECTOR Tim Scott, President South Bend Common Council 4th Floor, County -City Building Bill No. 16 -36 Phone 574/235 -9371 Fax 574/235 -9021 RE: A Resolution of the Common Council of the City of South Bend, Indiana, Adopting a Written Fiscal Plan and Establishing a Policy for the Provision of Services to an Annexation Area in Portage Township (Cataldo Annexation Area) Dear President Scott: I am attaching for filing the above resolution, which is a companion to Bill No. 09 -16. That bill proposes to voluntarily annex contiguous territory in Portage Township to the City of South Bend. This resolution provides for the Common Council's approval and adoption of the written plan and policy concerning the provision of services, both capital and non - capital, to the territory to be annexed. This 12.8 -acre annexation area contains one parcel on State Road 23, northeast of the St. Joseph Valley Parkway. All public improvements, if any, will be required to be done at the expense of the developer. I request that the attached resolution be placed on the April 25, 2016, agenda of the Common Council meeting at which the companion Bill is given Second Reading. I will be attending the meeting, as well as the Zoning & Annexation Committee hearing, as the presenter. If you have any questions, please feel free to contact me at 235 -5843. Thank you. Sincerely, Michael P. Divita Planner Fled in Clerk's Office APR 15 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN ADMIN & FINANCE Neighborhood Engagement Economic Resources ELISABETH LEONARD INKS PAMELA MEYER AARON KOBB City of Mishawaka, Indiana BY: Dave Wood, Mayor ATTESTATION: City of Mishawaka, Clerk 7 City of South Bend, Indiana m Pete Buttigieg, Mayor ATTESTATION: City of South Bend, Clerk R SECTION 12. AMENDMENT AND EXTENSION. This Agreement and the exhibits now or hereafter a part of this Agreement shall not be deemed amended in any manner unless such amendment is in writing and signed by a duly authorized representative of each Party. SECTION 13. SEVERAIsiiLITX. If any portion of this Agreement is ruled by a court of competent jurisdiction to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall not be affected thereby and shall remain in full force and effect. IN WITNESS WHEREOF, each party he has caused this Agreement to be executed by a duly authorized representative. St: Joseph County, Indiana 9y: "4(o 4:) Andrew Kostielney, Presi nt t. Joseph County Board of Commissioners Dave Thomas, Vice President;_ St. Joseph County Board of Commissioners Deb Fleming, St. Joseph County Boar f commissioners ATTESTATION:. Michael Hamann, St. Joseph County Auditor 5 St, Joseph County: Andrew Kostielney President, St. Joseph County Board of Commissioners 1401 South Lafayette Blvd. South Bend, Indiana 46624 and Jamie C. Woods, Esq. Counsel, St. Joseph County Board of Commissioners 420 LincolAway West P.O. Box 1210 Mishawaka, Indiana 46546 -1210 City of South Bend: Pete Buttigieg, Mayor 227 West Jefferson Blvd., Suite 1400 N South Bend,. Indiana 46601 and Cristal Brisco, Corporation Counsel Legal.Department 227 West Jefferson Blvd., Suite 1200 S South Bend, Indiana 46601 City of Mishawaka: Dave Wood, Mayor. 600 East Third Street Mishawaka, Indiana 46544 and Geoffrey Spiess, Esq. Corporation Counsel 600 East Third Street Mishawaka, Indiana 46544 The effective date of notice shall be the date of personal service or the date of receipt as shown on the return receipt, as applicable. 4 SECTION 6. TERMINATION AND DISPOSITION OF ASSETS UPON TERMINATION. A. This Agreement. shall take effect upon its signing by the Parties. Any Party may terminate this Agreement in the event any other fails to perform a material obligation under'this. Agreement, and such failure has not been corrected to the reasonable satisfaction of the other in a timely manner after notice of breach has been provided. Notice of termination of this Agreement shall be given by the Party terminating this Agreement to the other Parties not less than thirty (3 0) days prior to the effective date of termination. SECTION 7. RECORD KEEPING. The St. Joseph County Auditor and Assessor shall keep accurate records of all activities and expenditures conducted and incurred under this Agreement. SECTION 8. AUDITS INSPECTIONS AND RETENTION OF RECORDS. The City of South Bend and the City of Mishawaka, and any of their representatives shall have full access to and the right to examine, during normal business hours and as often as they reasonably deem necessary, all of S4 Joseph County's records with respect to all matters covered by this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records, and to make audits of all agreements, invoices, materials, checks, and other matters covered by or related to this Agreement. SECTION 9. SUCCESSION. This Agreement, together with all exhibits now or hereafter made a part; shall be binding on the Parties and their respective heirs, executors, administrators, successors and assigns. SECTION 10. ASSIGNMENT. Neither this Agreement nor any interest herein may be assigned by any Party without the prior written consent of all other Parties to the Agreement, and said consent shall not be unreasonably withheld. SECTION 11. NOTICE REQUIREMENTS. Any notice given under this Agreement shall be in writing hand delivered and/or given by sending such notice by certified mail, return receipt requested, with postage prepaid, addressed as follows, or at such other address as the Party to be notified shall have last directed in writing, or by serving said notice personally. 3 SECTION 2. APPORTIONMENT OF DEFENSE. COSTS - PROPERTY NOT LOCATED IN A TIF DISTRICT. Each Party is responsible for a pro-rata portion of the defense costs, commensurate with each party's percentage of the total tax rate received for each year subject to appeal if said property is not located in a TIF area. For these appeals, the County shall retain and pay all professionals directly. The responsible City shall then reimburse the County within sixty (60) days of receiving a request for reimbursement of the City's portion of professional fees. SECTION 3. MONTHLY REPORTING REODIREMENTS. The St. Joseph County Auditor and Assessor shall prepare a monthly report to be provided to all Parties to this Agreement providing an update of the status of any appeals, costs Associated with defense of any appeals, any and all other nutters related to this Agreement. SECTION 4. COMPLIANCE WITH LAWS. The Parties shall comply with all applicable federal, state, and local laws and regulations in performing under this Agreement. SECTION 5. LEGAL RELATIONS. A. This Agreement is solely for the benefit of the Parties hereto and gives no right to any. other party. This Agreement is formed solely as an interlocal cooperation project under IC 36-1 -7. B. This Agreement shall be interpreted in accordance with the laws of the State of Indiana in effect on the date of execution of this Agreement. The Circuit or Superior Courts of St. Joseph County, Indiana shall have exclusive jurisdiction and venue over any legal action arising under this Agreement between the Parties. C. Each party shall be solely and completely responsible for all acts and omissions of its employees, elected officials, attorneys or consultants and all other such persons acting exclusively on its behalf. D. The provisions of this Section shall survive and remain applicable to each of the parties notwithstanding any termination or expiration of this Agreement. 2 Property Tax Re- Assessment Defense Interlocal Agreement between St. Joseph County, Indiana The City of South Bend, Indiiana, and The City of Mishawaka, Indiana This Property Tax Re- Assessment. Defense Interlocal Agreement (the "Agreement') is made and entered into this day of , 2016 between St. Joseph County, Indiana, the City of South Bend, Indiana and the City of Mishawaka, Indiana (collectively the "Parties "). Recitals A. The Parties are all political subdivisions organized and existing pursuant: to the laws of the State ofIndiana. B. The Parties, pursuant to Indiana Code § 36 =1 -7, et seq. are empowered to enter into an Interlocal Agreementwith one_ another for joint or cooperative action of any power or powers, privileges; projects or authority, exercised or capable of being exercised individually by such public agencies, and to cooperate in furtherance of such joint action. C. The Parties share a combined interest in entering into this Agreement.to further a coordinated effort by the Parties: to efficiently and cost-effectively defend certain property Tax assessment appeals including commercial retailers. D, This Agreement is being entered to document and provide the Parties' Agreement concerning the sharing of costs regarding the defense of these appeals. SECTION 1. APPORTIONMENT OF DEFENSE COSTS- PROPERTY LOCATED IN A TIFDISTRICT. Each Party is responsible for any and all costs associated with any appeals that occur in their territorial limits for property located within a .Tax Increment Financing ("TIF') District. The County shall engage all appraisers, attorneys, consultants and other professionals for the defense of all appeals. The St. Joseph County Auditor shall upon receipt of any invoices from a professional, tender the invoice to the Party where the property at issue is located: The Party within which the property at issue is located shall then pay any and s- cectLyL_._. The St. Joseph County Auditor shall provide the Parties to this Agre ent a�tffiN of all invoices received. APR 1?_?016 KAREEMAH FOWLER LC yCLERK, SOUTH SEND, iN EXHIBIT A Execution Copy of Property Tax Re- Assessment Interlocal Agreement (This space intentionally left blank) RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PROPERTY TAX RE- ASSESSMENT INTERLOCAL AGREEMENT WHEREAS, Ind. Code Section §36 -1 -7 empowers the City of South Bend to enter into an Interlocal Agreement with any other local government(s) for joint or cooperative action of any power or powers, privileges, projects or authority, exercised or capable of being exercised individually by such public agencies, and to cooperate in furtherance of such joint action; and WHEREAS, the Indiana cities of South Bend and Mishawaka, along with the County of St. Joseph share a combined interest in entering into an Interlocal Agreement so that by a cost sharing process, they may efficiently and cost - effectively defend certain appeals of property Tax assessment including appeals by commercial retailers; and WHEREAS, the Property Tax Re- Assessment Interlocal Agreement attached hereto as Exhibit "A" has been approved by the St. Joseph County Commissioners, the St. Joseph County Council, and the Mishawaka Common Council, all of which bodies have found the terms of the Agreement to be fair, reasonable, and in the best interest of each governmental entity; WHEREAS, the South Bend Common Council finds that the attached Interlocal Agreement (Exhibit A) is fair, reasonable, and in the best interests of the City of South Bend, and should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section I. The Common Council of the City of South Bend, Indiana has considered and hereby approves the Property Tax Re- Assessment Interlocal Agreement, attached hereto as Exhibit A between and among the City of South Bend, Indiana, the City of Mishawaka, Indiana, and the County of St. Joseph, Indiana. Section II. The Mayor is authorized to execute the Interlocal Agreement in form and substance the same as or similar to that of the Agreement attached hereto as Exhibit A. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. City Clerk PRESENTEE1. .. NOT APPROVE 4DOPTS4 -;" Member, Common Council Filed in Clerk's Office APR 12 2016 KAflEEMAH FOWLER CITY CLERK, SOUTH BEND, IN COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 Bill No. 16 -35 PHONE 574.235.7678 TTY 574.235.5567 FAx 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE April 11, 2016 Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4a' Floor South Bend, fN 46601 RE: Resolution to Approve Property Tax Re- Assessment Defense Interlocal Agreement Dear President Scott: Representatives from the City of South Bend have been meeting this year with representatives from the City bf Mishawaka and Saint Joseph County to discuss strategies to contest certain commercial property tax assessment appeals that have been filed. As a result of these discussions, the parties desire to enter into the enclosed Interlocal Agreement to coordinate their respective efforts. Under this agreement, each party would be responsible for the costs associated with appeals that occur in its territorial limits for property located within a Tax Increment Financing ( "TIF ") district and for a pro -rated share of costs based on total tax rates for property not located in a TIF district. An appropriation is not being requested at this time but, if needed, will be made using the City's regular quarterly budget amendment procedure. Efforts will be made to keep costs to a minimum and to keep the Common Council updated on the status of these appeals. I will present this bill to the Common Council at the appropriate committee and council meetings scheduled for April 25, 2016. Thank you for your attention to this request. If you should have any questions, please feel free to contact me at 574- 235 -7678. Regards, Jd4 H. Murphy - City Controller Enc. Filed in Clerk's Office APR 12 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN J ,� 11/2312015 1915 Bendlx Dr:: Newmark Grubb Cressy & EVereft Tony Davey Senior Broker 574.485.1536 : Lcindauevncitisyt�n 'tleverett.eom <TIltL: i�ttiil la:l e��rvil rlucii�cr�csa�nrrc lei�ereLl.Gru�iS Rick Doolittle Chief Operations Officer 574.485.1535 rick(t oolifileCa�cressxitacleuet 'ett:0om <t J7�L:• Snail tv:r'TL�ktl�/f�Ic�u��svnlltl, -„ evrtreil.cq'rii> Home I Contact Us 1 Site Map 4100 Edison Lakes Parkway, Suite 350 Mfshawak% Indiana 46545 • Phone :574.271.4060 • inikalcnxsymtde:veeltumr hf tp: l/ www ,cressyaridevereft.com /ProperUes lfor- sale•or- leaseriindustrIaI /1915- pendix -drl 313 11/23/2015 1915 Bendix Dr:: Newmark Grubb Cressy & Everett Signage: Building Ceilings; 13.5' -18' Power: 1200 Amp /480 Volt 3- Phase, 4 -Wire Sprinklered: Yes Security: Yes Utilities: Municipal Water & Sewer, Gas & Electric HVAC: Gas Forced Air Heat & A/C Annual Taxes: $38,538.88 Reduced Price: $1,500,0000# ',:,W Lease Rate: $2.60 PSFNNN $1.95 PSF NNN* *In addition to base rent, tenantpays utilities, janitorial,trash and snow removal, lawn services, insurance, realeutate taxes, and phone%omputer /data. Property Details High -tech manufacturing facility consisting of 64,500 SF on 4.49 acres. The building is steel frame structure with masonry covered block and metal siding. In 2002 the entire facility was updated including all new mechanicals, new electric service and a new roof over the production area. The building is divided into a warehouse, production and i office areas. The warehouse offers 20,600 SF (116' x 162') with two (2) docks with electric openers (one with leveler), 55' x 25' bay spacing, 13.5' to 18' ceiling height and metal halide lighting. The warehouse is heated and cooled with two (2) gas forced air heat and two (2) central air units. The production area offers 40,200 SF (100'x 402') with one (1)10' x 12' overhead door, one (1) 8'x 8' dock, 50' x 24' bay spacing, airlines, buss ducts, fluorescent lighting and four (4) restrooms. The production area is heated and cooled with eight (8) gas forced air heat and eight (8) central air conditioning units. The 3,700 SF office area consists of classmom/training room, file storage areas, four (4) private offices, a large open area, reception area, kitchenette, and men's and women's restro oms. Download p UAL,, liirdez.c nt/ nrr /render />rlc / ?nret hod= inlinectclilelD= 4CUR375B1 2488 -431 J- yf43178i9w.er i17F19F81> View Map <URL:- lrttps: % /ww•rr t >vogle.cvmJrni�ps /nlure/ 1915- 1• BY�rdh•± Di• it' c!( crld /:70107ti4;- `JG.293G2T7.1(z> For More Information Please Contact http :tlwww.cressyandeverettcom /properties/ for - sale -or- lease llndustrlal /l915- bandlx -drl 213 11/2312015 Menu Property Searbb For Sate or Lease Building Sites & Developments Industrial Properties Investment Propert ies Medical Properties Office Properties Retail Properties Special Use Auction Properties Inventory Report 1915 Bendix Dr,,: Newmark Grubb Cressy & Everett Search Ol'n-, C =1_rt Submenu <URL. N> Home» Properties)) For Sale or Lease)) Industrial Properties)) Bendix Dr 1915 ig,5 Bendix Dr South Bend, Indiana �ilt5 ' Well Maintained, Clean High -Tech Manufacturing Facility Property Snapshot Building: 64,500 SF OiL'ce SF: 3,700 SF _ Warehouse SF: 20,600 SF; 40,200 SF (Production) Land: 4.49 Acres Year Built: 1975 (Production & Office), 2002 (Warehouse) Zoning: LI (Light Industrial) Parking: 137 Surface Spaces OH Doors: 1 -10' x 12' Docks/Levelers: 3 -- 8'x 8' Lighting: Fluorescent & Metal Halide http:!/www.cressyendeverett com /properties/ for - sale- or- leaselindustrlalHel6- bencsx -drl 1/3 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 ❑ Year 2 ❑ 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 8 -1.1 -12.1 -177 ❑ 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. name ` 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. 1C 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 Jury 1, 2013, retrains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. Page 2 of 2 STATEMENT OF BENEFITS VACANT BUILDING DEDUCTION State Form 66182 (R / 2 -14) Prescribed by the Department of Local Government Finance This statement Is being completed for real property that qualifies as an "eligible vacant building' as defined by IC 6 -Li -12.11- 1(17). 20_JfL PAY 20—ICL FORM SB -1 / VSD ARIVACY NOTICE_ 77'�t�e:gosl snit/: .peFlhclndtviduars &?ls „iiigittpmia pn��s.ca}f[dtsriYial,�he 'bitlanceof the fpngg • ":pt!blfc_recprd . per IC 'bland (d). INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revilarzation Area prior to the public heating If the designating body requires information from the applicant In making Its decision about whether to designate an Economic Re"Ization Area. Otherwise, this statement must be submitted to the designating body BEFORE the occupation of the a /lgible vacant building for wfikh the person wishes to claim a deduction. 2. To obtains vacant building deduction, a Form 3221VBD must be filed with the county auditor before May 10 in the year in which the property owner or his tenant oocuplas the vacant building or not later than thirty (30) days after the assessment notice is mailed to the property owner if It was mailed afterApril 10. If the property owner misses the May 10 deadline In the Initial year of occupation, he can apply between March f and May 10 of subsequent year. 3. A property owner who riles the form 3221VBD must provide the county auditor and the designating body with a Form CF- VVBD to show compliance with the approved Form SB -1NBD. The Form CF -UVBD must also be updated each year in which the deduction is applicable. SECTION • • Appletree Associates LP Address of taXpayar (number end street 'olty, stale, and ZIP code) 2180 Hornig Road Philadelphia, PA 19116 Name of contact person Telephone number E-mail address Greg Warshaw -. ( 215 ) 673 0400 gre�'.warshaw@peigenesis.com SECTION • • D DESCRIPTION OF • • , PROJECT Name of de's hs0ng li6tly - .:...- ReSdhition number City of South Bend Common Council Location or property County DLGF taxing dIT50 number 1915 Bendix Drive South Bend IN 46628 St. Joseph German, South Bend poscitption Of eligible vaeant,buildilig that the property owner or tenant will occupy fuse addRronaisheata 1f necessary). Estimated occupancy date (month, day, year) 64,500 square foot facility including production, warehouse and office space on 4.45 acres adjacent 1/1/2016 to the South Bend Airport, This space has been vacant and for sale and/or lease since the prior Estimated date placed-In-use (month, day, year) tenant (PEI /Geriesis, Inc.) moved to Its new facility in 2007. . SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS A RESULT OF PROPOSED PROJECT current number Salarles Number retained Salaries Nurpbereddttlonal Salaries :SECTION ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT _ _ ..._ : _REAL ESTATE IIVIF�OV�MENTS COST ... ASSESSED.VALUE Current values Plus estimated values of ' ro osed ro act Less values of an pro ert beln replaced Net estimated valves upog tfgplelrott of.proJ4pl: SECTION •- TO SELL OR LEASE VACANT BUILDING Oesadbed efloris by a owner or previous ownerto sell; tease, or rent the b B-Ing during perod - vacancy: This building has been for sale and/or lease since 2007 through numerous brokers. it is currently listed with Newmark Grubb Cressy & Everett. Show amount for which the building was offerdd for sale, lease, or rent during period of vacancy. ' — Current listing: Sale $1.5 million: Lease $1.95 PSF NNN. List any other benefits resulting fro m the occupancy of the eligible vacant building. .- Increased employment, revitalization of neighborhood "" CITY ti3Y1., 111161 i i (:i L "fit Itt SECTION CERTIFICATION fwffeby cefCif "that the repteaen7ationt::ln th S statement are e. Signature of sulboo d: _%gee 'tl �. Tits GA=O Date signed ( pill ; day, year) t►�+ lIr Page 11 of 2 Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Submitted By: Date: Nety Project Investments Calendar ),ear 2015 2016 2017 2018 phi III}�l �tif�ltbl, ai�'•� �'����� ®�� jlz{� C [ A]� TOTAL Full -Time Permanent Indiana- Resident Positions by Calendar Year 2019 2020 2021 2022 Provide hourly wage information for nevi 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: 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 APPRovFt I+DOPTU) Member of the Common Council LF d in Clerk's Office APR 2 0 2016 REEMAH FOW LER ERK, SOUTH SEND, iN 3 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 (2) two 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 a Vacant Building Real Property Tax Abatement to be published 2 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 1915 Bendix Drive, South Bend, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (2) TWO -YEAR VACANT BUILDING TAX ABATEMENT FOR Appletree Associates, LP 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 1915 Bendix Drive, South Bend, IN 46628 and which is more particularly described as: 295.33' X 661.97 BEG 40' W & 527.98'N SE COR NE SEC 33 -38 -2E 4.48 ACRES and which has Key Numbers 025 -1006- 030101 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et N., and South Bend Municipal Code Sections 2 -76 et seg., 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 s�Mc., 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 that the Petition for Real Property Tax Abatement and the Statement. of Benefits form completed . by the Petitioner meet the 1 O j N i N Ol ID ' N `w tD lD m O C O m 0) X C p� N N t0 W LD t0 W lD ', 000 PO O N W V W 00 LO W V 1-+ D N � psj 1 O I O O. X N W V Z W O rt ttDD O a: X N m m r 6 D" m N {-i d n cOn Q W W r H G O to H w C O X3 Ci 0 0 to C m '+ m �+ C) x m p N m K W ED CD N X O O m � a D C. in n' N N .. Z n v y 0 to � D< M n m N m Ch W X � ti N CL 3 m N m w O O < O a O O m 2. y m cn 9 m H 77 m .. X 3 rt O W W Z m (� Y N C0 X. O O X 3 O� 01 y CD m O O rD Qp a. 0 W V 1-+ D N � psj 1 O I O O. X N W V Z W O rt ttDD O a: X W'. A Ol O O of N O v 00 OOO o v to O 0 Ln rn W O V p li O O Ln rn 00 O li v p O O N Qi 0 V l0 O O N 01 V � m O Ili 0 Q1 N V N O OD 00 DD W p. !" O1 V Ln rn N 00 tr N O 000 00 NZ In O O O O O O �c ol W W Ln A W O W 0) kDD O lk0 00 0 m n —t = - X m r3+ mG d C M 3 N N m r 6 D" m 00 n cOn Q n A r H G O to H w C O X3 Ci 0 0 to C m '+ rr �+ m sn N O W m 0o W X - I m tA a D C. d n' N N .. h n v y 0 to � D< M n m N m Ch W X � ti N CL 3 m N m w < a) a a y m = 2. y m cn 9 77 m .. X 3 rt O �, 0 Q. O 0 0) X O X Q < 00 CD m � C CD N t00 n�i (D W O C H n O O 3 00 O C M c tl. 00 0) co c7i o o C W'. A Ol O O of N O v 00 OOO o v to O 0 Ln rn W O V p li O O Ln rn 00 O li v p O O N Qi 0 V l0 O O N 01 V � m O Ili 0 Q1 N V N O OD 00 DD W p. !" O1 V Ln rn N 00 tr N O 000 00 NZ In O O O O O O �c ol W W Ln A W O W 0) kDD O lk0 00 0 m n —t = - X m r3+ mG d C M 3 F+ O O 0 D v v CD r. m m O n, nl N s m m D d 0) C II. 3 OR N N O H Cr 00 00 m 0 o < O d tA a .. m 00 00 01 Ch tD w < O 9 0 O 1 m O 0 0) X 00 � t00 n�i C W O C O O 00 O O M c 00 0) c7i o o O N to N O .p W 00 00 Q01 LU W A m Ln W O o W 0 0 0 0 0 m O O O 0 0 0 0 O O ~' N o O F+ O O 0 D v v CD r. m m O n, nl N s m m D d 0) C II. 3 OR 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 two (2) vacant building tax abatement under section IC. 6 -1.1- 12.1 -4.8.