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HomeMy WebLinkAbout04-23-12 Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, APRIL 23, 2012 7 . 00 P.M. 1 . INVOCATION - REVEREND FRED PRESTON 2 . PLEDGE TO THE FLAG 3. ROLL CALL 4 . REPORT FROM THE SUB--COMMITTEE ON MINUTES 5. SPECIAL BUSINESS A. PRESENTATION ON PUBLIC ACCESS - GEORGE LANE - 5 MINUTES 12-22 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING ADAMS HIGH SCHOOL SENIOR STUDENT-ATHLETE ROSEY GREEN WITH A "2012 SOUTH BEND CITIZEN YOUTH AWARD" 12-24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING THE KROC CENTER WITH A "2012 SOUTH BEND BUSINESS OF THE MONTH AWARD" 12--28 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING DIAMOND MARTIN WITH THE "APRIL 2012 SOUTH BEND CITIZEN YOUTH AWARD" 12-29 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING MONICA MURPHY WITH THE APRIL "2012 SOUTH BEND CITIZEN AWARD" 12--30 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING LINDEN GRILL WITH THE "APRIL 2012 SOUTH BEND BUSINESS OF THE MONTH AWARD" 6. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 06-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 6, OVERLAY AND SPECIAL USE DISTRICTS, SECTION 21-06. 03 NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT TO REVISE THE SINGLE AND TWO-FAMILY RESIDENTIAL ROOF EAVES PROVISIONS 03-12 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF UNITED DRIVE (PRAIRIE AVENUE) FROM THE EAST RIGHT-OF-WAY LINE OF SCOTT STREET TO THE SOUTH RIGHT-OF- WAY LINE OF THE NORFOLK AND SOUTHERN RAILROAD OVERPASS. A SECOND PORTION TO BE VACATED IS SAID UNITED DRIVE BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF SAID NORFOLK AND SOUTHERN RAILROAD OVERPASS THENCE NORTH TO THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET 11-12 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM NOTRE DAME AVENUE WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM ST. PETER STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET 8 . BILLS, THIRD READING TIME: BILL NO. 06-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 6, OVERLAY AND SPECIAL USE DISTRICTS, SECTION 21-06 . 03 NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT TO REVISE THE SINGLE AND TWO-FAMILY RESIDENTIAL ROOF EAVES PROVISIONS 03-12 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF UNITED DRIVE PRAIRIE AVENUE) FROM THE EAST RIGHT-OF-WAY LINE OF SCOTT STREET TO THE SOUTH RIGHT-OF- WAY LINE OF THE NORFOLK AND SOUTHERN RAILROAD OVERPASS. A SECOND PORTION TO BE VACATED IS SAID UNITED DRIVE BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF SAID NORFOLK AND SOUTHERN RAILROAD OVERPASS THENCE NORTH TO THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET 11-12 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM NOTRE DAME AVENUE WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM ST. PETER STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET N 9. RESOLUTIONS BILL NO. 12-31 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 1217 S WALNUT STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A (5) FIVE YEAR REAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC AND /OR ITS AFFILIATES 12-32 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND kDESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1217 S WALNUT STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC 12-33 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 7101 VORDEN PARKWAY AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A (5) FIVE YEAR REAL PROPERTY TAX ABATEMENT FOR THE TIRE RACK, INC. 12-25 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROMOTING AND FACILITATING GREATER TRANSPARENCY AND ACCOUNTABILITY OF INDIVIDUALS APPOINTED BY THE COMMON COUNCIL TO VARIOUS CITY BOARDS AND COMMISSIONS AND THANKING THESE DEDICATED VOLUNTEERS FOR THEIR SERVICE TO OUR COMMUNITY 12-27 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE SOUTH BEND CENTRAL DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 12-34 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN AGREEMENT EXTENDING THE ST. JOSEPH COUNTY HOUSING CONSORTIUM AND AUTHORIZING THE EXECUTION THEREOF 12-35 A DECLARATORY RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING A PROPERTY TAX EXEMPTION FOR CERTAIN ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE 6-1 . 1-10- 44 DATA REALTY NORTHERN INDIANA, LLC PROJECT LOCATED AT 1440 IGNITION DRIVE SOUTH IN THE SIXTH COUNCIL DISTRICT 10 . BILLS, FIRST READING BILL NO. 13-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 20-20 OF ARTICLE 1, CHAPTER 20 VEHICLES AND TRAFFIC OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SAFETY REGULATIONS WHEN PASSING BICYCLES 14-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 3, SECTION 2- 12 . 3 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURE FOR ADDRESSING CITIZEN APPOINTMENTS 15-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, BY THE INCLUSION OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2-123 . 2 ADDRESSING REGULATIONS AND REPORTING MECHANISMS ON CITY USAGE OF ALTERNATIVE FUELS: COMPRESSED NATURAL GAS (CNG) AND LIQUEFIED NATURAL GAS (LNG) AND RELATED ENERGY EFFICIENCIES 16-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LEASE WITH THE CITY OF SOUTH BEND BUILDING CORPORATION DATED AS OF APRIL 1, 2003, AS AMENDED, PREVIOUSLY ENTERED INTO FOR THE CONSTRUCTION AND EQUIPPING OF A NEW CENTRAL FIRE STATION AND RENOVATING AND EXPANDING THE POLICE STATION AND REGARDING CERTAIN RELATED MATTERS 11 . UNFINISHED BUSINESS A. REPORT FROM AREA PLAN COMMISSION 1. BILL NO. 08-12- ANNEXATION/REZONING 17210 DOUGLAS ROAD 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. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CI'T'Y OF SOUTH BEND, INDIANA,AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 6, OVERLAY AND SPECIAL USE DIS'T'RICTS, SECTION 21-06.03 NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DIS'T'RICT TO REVISE THE SINGLE AND TWO-FAMILY RESIDENTIAL, ROOF EAVES PROVISIONS STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect in May 2004. A subsequent amendment in 2011 established the Northeast Neighborhood Development Area Overlay Zoning District. In studying possible designs of new single family residential construction is has been determined that the existing standards for roof eaves need to be changed so that certain types of houses can fit on narrow tots found within the Northeast Neighborhood Development Area. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Zoning,of the South Bend Municipal Code, Article 6 Overlay and Special Use Districts, Section 21-06.03 Northeast Neighborhood Development Overlay,Zoning District is hereby amended as follows: (d) Single Family and Two-Family Residential (2) Single Family and Two-Family Residential Roof Shapes (C) Eaves shall have a ' maximum overhang of three feet(3'). Section IL This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Cou&il Attest: and City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2012, at o'clock .—m. City Clerk Approved and signed by me on the day of 2012, at o'clock M. Mayor of the City of South Bend, Indiana ------------- ""led in Clerk 1 J PEAMNG MAR 7 20112 pU,,LrC J,',--AIIZINNG ► 2 rd READ1,NG I iOT APPROVED., PASSED JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR [AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 VV.JEFFERSON SWO. ROOM F 140 COUNTY--CITY SLOG. SOUTH BEND.INDIANA 46601 (574)235-9571 March 7, 2012 Derek D. Dieter, President South Bend Common Council Fourth Floor, County-City Building 227 W. Jefferson Boulevard South Bend, IN 46601 RE: Area Plan Commission Initiated Petition to Amend the Zoning Ordinance to Make a Change to the NNDA Overlay District Dear Mr. Dieter: Attached is a proposed ordinance initiated by the Area Plan Commission. The purpose of this ordinance is to make a minor change in the requirement for the size of eaves for new single-family construction. Please place this proposed ordinance on the March 12, 2012 Common Council agenda for first reading. The Area Plan Commission will hold its public hearing on March 20, 2012. If you have any questions, please fell free to contact me. Sincerely, ohn W. Byo h1AR i SERVING:ST.JOSEPH COUN1-Y.SOUTH BEND.LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA&ROSELAND www.stjosephcountyindiana.com/Areapian A C) 3 � ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF UNITED DRIVE (PRAIRIE AVENUE) FROM THE EAST RIGHT-OF-WAY OF SCOTT STREET TO THE SOUTH RIGHT-OF-WAY LINE OF THE NORFOLK AND SOUTHERN RAILROAD OVERPASS. A SECOND PORTION TO BE VACATED IS SAID UNITED DRIVE BEGINNING AT THE !NORTH RIGHT-OF-WAY LINE OF SAID NORFOLK AND SOUTHERN RAILROAD OVERPASS THENCE NORTH TO THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: THE STREET TO BE VACATED IS A PORTION OF UNITED DRIVE (PRAIRIE AVENUE) FROM THE EAST RIGHT-OF-WAY OF SCOTT STREET TO THE SOUTH RIGHT-OF- WAY LINE OF THE NORFOLK AND SOUTHERN RAILROAD OVERPASS FOR A DISTANCE OF 750 FEET, PLUS OR MINUS AND A WIDTH OF 80 FEET. A SECOND PORTION TO BE VACATED OF SAID UNITED DRIVE BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF SAID NORFOLK AND SOUTHERN RAILROAD OVERPASS THENCE NORTH TO THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET FOR A DISTANCE OF 63.49 FEET, MORE OR LESS AND A WIDTH OF 80 FEET. SAID RIGHT- OF-WAY BEING A PART OF STUDEBAKER CORP. REPLAT AND STATE BANK OF INDIANA PLAT OF OUTLOTS, TOWN (NOW CITY) OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA Hereby determines that it is desirable to vacate said property. SECTION If. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION Ill. The following property may be injuriously or beneficially affected by such vacating: 018-3043-1655 01 8-3043-165407 018-3043-165408 018-3043-165409 SECTION IV. The purpose of the vacation of the real property is to create and further development opportunities on the former Millennium Environmental site and allow connectivity through development to the Union Station site and the Ivy Tower complex. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. '0 -b- ,, Member of the Common Council Attest: S gnErtg ct ,, Y,x0 .pnYlide an opportt pKy and City Clerk G6 an A acgon on this Wue� . Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock m. City Clerk Approved and signed by me on the day of , 2 , at o'clock M. Mayor, City of South BQnd k_diana 1,1 READNG \ ! r!�la9.�1.':...a5•:H.^r f.'%/Y'4..t:n.w,` pUp,Lic Eil[ARING 4� i A ; 3 rd READNIG F� NOT AP?ROVED REFERRED 4 '4°s � mdxayTaps #� I N � Z d 9Sp-aW3T44y sauna $►r op �, � atpw4a•+4ep9T I 1 f � / 9Taawa.Ta�re� / 9sx4'�Te� pSE-9pM+17]7 / / pip-3waaes / , 16aW47469 / 978.3pM+16p7 / 4 / I: y ° -spe+feea°SJ � b p a aTe-wu-+4s49e LEGAL DESCRIPTION: The street to be vacated is a portion of United Drive (Prairie Avenue) from the East right of way of Scott street to the South right of way line of the Norfolk and Southern railroad over pass for a distance of 750 feet, plus or minus and a width of 80 feet. A second portion of said United Drive starting at the North right of way line of said Norfolk and Southern railroad over pass then North to the South right of way line of South Street for a distance of 63.49 feet, more or less and a width of 80 feet. Said right of way being a part of Studebaker Corp Replat and State Bank of Indiana Plat of Outlots. Town now City of South Bend, Portage . cels County Parcels PRO MAILINGAD MAIL MAILIN PROP—ADD P_S PROP_ZI Rec PARCELID NAME 1 p MAlLINGCIT INGS GZIP R PROP—CITY TAT P TA E CITY of SOUTH BEND 7009 2820 0003 9311 0188 018-3043- BUILDING CORPSES 1400 County- 101 W 1 165404 NOTES City Bldg South Bend IN I 46601 SAMPLE South Bend IN 46619 7009 28213 0003 9311 0201 0183046- NELSON DEE LLCSEE 840 Unite 2 1772 NOTES Dr South Bend IN 46601 UNITED DR South Bend IN 46601 MECHANICS LAUNDRY& 7009 2820 0003 9311 0218 SUPPLY ING C/O CINTAS 6800 Cintas 1 018-3044- CORPORATION I2/2003 Blvd Po Box 835 PRAIRIE 4 168601 PROS DEED SURVEY 625737 Cincinnati OH j 45262 AVE 46625 7009 2820 018-3044- MODEL COVERALL 717 S Scott 0003 311 0225 5 1688 SERVICE INC. Ist South Bend IN 1 46601 717 SCOTT 46625 7009 2820 11003 9311 0232 018-3044- AB CUSTOM FABRICATING PO BOX SCOTT 6 1683 LLC 4742 South Bend IN 46634 1713 ST 46621 7009 2820 0003 9311 0249 018-3044- A B CUSTOM FABRICATING ca 707S 7 1664 ILLC St South Bend IN 46601 SCOTT ST 46621 018-3043- P 0 Box 600 PRAIRIE 8165408 IVY TOWER CORP 1228 South Bend IN 7010 2780 0000 5580 5727 7010 2780 0000 5580 5734 600 VAC 018-3043- — F L)box LOT ON 9 165409 IVY TOWER CORP 1228 South Bend IN 46624 PRAIRIE AV 46625 CITY OF SOUTH BEND FOR 227 W 7010 27$0 013[111 5580 571#1 018-3043- THE USE AND BENEFIT OF Jefferson 604S 101655 DEPT OF REDV Blvd ste1200 South Bend IN 46601 SCOTT South Bend IN 46616 7013 2780 0000 5580 5758 118 LOT ON 018-3043- CITY OF SOUTH BEND 1400 County PRAIRIE 12 165407 BUILDING CORP City Bldg South Bend IIN 46601 7.803 AC AV 46618 .///� (i�( S... ....w.�... .• )IDS ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM NOTRE DAME AVENUE WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM ST. PETER STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET. BOTH ALLEYS ARE A PART OF SORIN'S 2M ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY,INDIANA. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The fallowing Ordinance vacates the above-described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM NOTRE DAME AVENUE WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM ST. PETER STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET, BOTH ALLEYS ARE A PART OF SORIN'S 211D ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY,INDIANA. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right- of--way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: 2 Tax Key Number 18-5104-3652 Tax Key Number 18-5104-3654 Tax Key Number 18-5104-3653 Tax Key Number 18-5104-3655 SECTION IV. The purpose of the vacation of the real property is to allow for the future development of properties located along St. Peter Street. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Commoh Council Attest: S! nin d. Council acVom oil US i�uo" City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2012, at o'clock M. City Clerk Approved and signed by me on the day of , 2012, at o'clock M. MAYOR, CITY OF SOUTH BEND, INDIANA r READING tAA-01 L IRRI 4 rulz )UELIC HEAPING 3 iL READING JON 1 CITY CLERK, SS pppp� p GT APPR©.YED - R FEFCRRED PETITION TO VACATE PUBLIC ALLEY RIGHTS-OF-WAY TO: THE COMMON COUNCIL DATE: February 20, 2012 OF THE CITY OF SOUTH BEND, INDIANA I (WE) , THE UNDERSIGNED PROPERTY OWNER(S) , PETITION YOU TO VACATE: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY BETWEEN ST. PETER STREET & NOTRE DAME AVENUE, SOUTH OF ST. VINCENT STREET. BEING PART OF SORIN'S SECOND ADDITION TO THE TOWN OF LOWELL, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY,INDIANA. NAME (signed & printed) & ADDRESS Tax Key_ Number University of Notre Dame 18-5104-3652 910' Grace Hall 18-5104-3654 Notre Dame, Ix} iana 46556 John Sejdinaj for Uni'YArfsity of No a Dame Robert Bernhard 18-5104-3653 Deborah Bernhard 1019 N. Notre Dame Avenue South Bend, Intdian 617 bert Ber and Deborah Ber and Donald Pope-Davis 18-5104-3655 Sara Pope-Davis 1017 N. Notre Dame Avenue South Bend, Indiana 46617 �pdrsald Pape-Da s Sara Pope-D vis CONTACT PERSON: Michael J. Danch Return to: NAME: Danch, Harner & Associates, Inc. Office of the City Clerk 1643 Commerce Drive John Voorde, City Clerk South Bend, Indiana 46628 Room 455-County-City Bldg. (574) 234-4003 South Bend, Indite-46.6.0l.,... ..._...._.._._..,w, (574) 235-922l � : ?'F. : 150' RADIUS 018-5104-3623 018.5104-3647 018.51043646 N O N C5 018.5104.362 � 018-5104-3648 018-51043649 Ln a r 40 00 048-5104- 625 018-5104.3651 1.3626 018.5104-3653 018.5 04-3627 048-5104-3652 a 115' r 115' 018-5104.3655 018-51 4-3628 01$-5105 672 018-5104-3654 018-5105 3672 018-5104-3656 �'1 018-5104-36 018-5104-3657 018-5104-3659 8-5105-3673 018-5104-3558 018.5104-3660 A 4 018.51Q4-3632 018-5104-366101 018-5105-367302 LEGAL DESCMPTI ON: The first alley to be vacated is the first East/West alley North of Howard Street from Notre Dame Avenue West to the first North/South alley for a distance of 1]5 feet and a width of 14 feet. The second alley to be vacated is the first East/West alley North of Howard Street from St Peter Street East to the first North/South alley for a distance of 115 feet and a width of 14 feet, Both alleys are a part of Sorin's 2 I Addition to the City of South Bend,Portage Township, St. Joseph County, Indiana. `-°--.LF11 Ot Property Owners Within 150 Feet Notre Dame Howard Partnership Notre Dame Howard Partnership Notre Dame Howard Partnership 702 S Michigan 702 S Michigan 702 S Michigan South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key#018 5104 366101 Tax Key#018 5104 3661 Tax Key#018 5104 3660 University of Notre Dame Du Lac Donald & Sara Pope Davis Robert& Deborah Bernhard 725 Grace Hall 1017 Notre Dame Ave 1019 N Notre Dame Ave Notre Dame, IN. 46556 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key#018 5104 3659 Tax Key# 018 5104 3655 Tax Key#018 5104 3653 Robert Bretz Jr. University of Notre Dame Du Lac Nicholas & Diane J Entrikin Kelley Schwegler Bretz 725 Grace Hall 1016 N Notre Dame Ave 1029 Notre Dame Av Notre Dame, IN, 46556 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key#018 5105 370202 Tax Key#018 5105 3672 Tax KQV#n i A 51()A ';FQA John McGreevey&Jean McManus Steven &Jennifer Fortener University of Notre Dame Du Lac 1010 N Notre Dame Ave 1006 Notre Dame Ave 725 Grace Hall South Bend, IN. 46617 South Bend, IN, 46617 Notre Dame, IN. 46556 Tax Key#018 5105 3673 Tax Key#018 5105 367302 Tax Key#018 5104 3658 Julie Krcilek University of Notre Dame Du Lac University of Notre Dame Du Lac 3823 N Fail Rd 725 Grace Hall 725 Grace Hall LaPorte, IN. 46350 Notre Dame, IN. 46556 Notre Dame, IN. 46556 Tax Key#018 5104 3657 Tax Key#018 5104 3654 Tax Key#018 5104 3652 University of Notre Dame Du Lac University of Notre Dame Du Lac Dolores Tantoco Stauder 725 Grace Hall 725 Grace Hall 802 E St.Vincent St Notre Dame, IN. 46556 Notre Dame, IN, 46556 South Bend, IN, 46617 Tax Key#018 5104 3651 Tax Key#018 5104 3648 Tax Key# 018 5104 3646 Stephen & Elizabeth Koller Matthew& Elizabeth Sanford Patrick J Matthews 1017 St.Peter 1013 N St.Peter 52127 Fall Creek Dr South Bend, IN. 46617 South Bend, IN. 46617 Granger, IN. 46530 Tax Key#018 5104 3628 Tax Key#018 5104 3629 Tax Key#018 5104 3627 Patrick J Matthews James &Christina Oleksak 52127 Fall Creek Dr 1035 N St.Peter mm� �. • M...,.. Granger, IN. 46530 South Bend, IN. 46617 ' r `srNN, • Tax Key#018 5104 3625 Tax Key#018 5104 3624 �Ulz S CITYC 1:iir", qt ®� *ftw !� °ter „� %& W, All It 30 � ► 0o I yg I J" I I I' I 9'EJP OV m r -� I r•J I f fn p go `OV or. ft K Par a. ice Ap r OEM MY# JAW AtImp cats 'f,' f f tv LL! fo TAM uj �r N n 4 � � %I% V r,if? Iry fJ9 Danch., Hamer & Assovivates., Inc. MICHAEL J. DANcH, L.A. Land Surveyors s Professional Engineers RoN HARNER, P.S. Landscape Architects Land Planners February 1S,2012 Honorable Members of the City of South Bead Common Council 4"Floor County-City Building South Bend,Indiana 46601 RE: Vacation Petition for the alley to be vacated is the first East/West alley between St. Peter Street & Notre Dame Avenue, South of St. Vincent Street, being part of Sorin's Second Addition to the Town of Lowell, Portage Township, City of South Bend, St. Joseph County,Indiana. Dear Council Members: Our client, the University of Notre Dame, Robert & Deborah Bernard and Donald & Sara Pope-Davis, are requesting the approval of the Vacation for the first East/West alley between St. Peter Street & Notre Dame Avenue, South of St. Vincent Street, being part of Sorin's Second Addition to the Town of Lowell, Portage Township, City of South Bend,St. Joseph County, Indiana. The reason for this request is to allow for the re-configuration of properties for future development of properties located along St. Peter Street and the closure of the small alley segment between the two properties on Notre Dame Avenue. The Petitioners believe that vacating the above-mentioned Public Alley right-of- way will not have a detrimental effect on the adjacent properties located along this portion of St. Peter Street and Notre Dame Avenue.. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, � Filed , aq�4i:dr l' ichael J.Danch President 9 P f Danch,Harner & Associates t 4.;,1=,;"� o I "':01z File#112010$ 1643 Commerce Drive . South Bend, IN 46628 208 West Mars m Berrien Springs, M149103 office 5741234-4003 ® 80015944003 a Fax 5741234-4119 office 2691471-3010 ® Fax 2691471-7237 O SS11ji(f/�ir 1316 COUNTY-Crrr BUILDING I �or�5 741 23 5-92 5 1 227W jrFpeasaNBac vnna ��\, ,'r% � FAX 5741235-9171 SOUTH BEND,1NrrrANA 46601-1830 TDD574/235-5567 Cm op SotnH BEND STBPHEN J. LuEcKE, MAYOR BOARD OF PUBLIC WORKS December 9,2010 Ms. Teri DeCola University of Notre Dame 91'0 Planner Hall Notre Dame,Indiana 45556 RE: Alley Vacation—The First East/West Alley between St. Peter St. &Notre Dame Avenue, South of St. Vincent Street and Howard Street (Preliminary Review) Dear Ms, DeCola: The Board of Public Works, at its December 6, 2010 meeting reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, hire Department, Police Department, Solid Waste Division and the City Attorney's Office. The following comments and recommendations were submitted: • Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the Iands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church,school or other public building or place. The vacation would not binder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. • The Fire Department stated that closing this alley will hinder their fire attack tactics by reducing the route of the water supply to the structures at the north/south alley. • NIPSCO stated that there is a gas main in the eastern portion of the proposed alley vacation. They need to maintain access to this alley for maintenance purposes and no structures can be built over the gas main located in that alley. • Engineering stated that the approach to enter the alley on the St.Peter Street side will need to be closed if there is no vehicular access to St. Peter Street. GnRYA.GII.Or,P.B.. DONALD E.INKS Caw.P.L17rR r. PMIDENT MEWUR MWBQR Teri DeCola December 9,201.0 Page 2 of 2 You will need an executed Cross-,access AXreewent with your neighbors. Once the Cross-Access Agreement is executed and recorded with the St. Joseph County Recorder's Office, please forward a copy to me. Pleasee contact Tony Molnar at(5741.235-9254 prior to pi_c_ki eat y®ur radius man. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Linda M. Martin, Clerk c: Federico Rodriguez, Fare Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell,Engineering � p �- 44 �` • Yj �. � w 46 Lr t go. 0 o M Of s 44 I 47 �• 471 Fu .I�YJ U9I }� 109 �,�� 04 Otiex 40 � _ ` CL Vill � I w t9 09 no f I �Q r� t �► 4t 't v o °— � �a t w a ;� �i a J at crr foe C.0 ee, OPM r4 e LLJ AU �+ X xe sn M $ V 1 + F $` MI •� 9 00 49 'p� �F 1 IA e 4 �— e4 � 'h '2 a �4 4�,� i r. RE CA cz Ito 40 99 n 6JI - 90 / Oil C9 leiA F <9 l9 5'tg 14PI as-._i �rs it' 9 Page 1 of I Nancy Schrader o Alley Vacation Recommendation - Notre Dame From: fancy Schrader To: Memo-Vacations Date: 11/23/2010 10:29 AM Subject: Alley Vacation.Recommendation -Notre Dame Attachments: Please provide.your recommendation. Thank you. Fancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574)235-9251 Fax: (574) 235-9171 NnrnrNly NA•NNNN NNlV N NNNNNnrNN nr KIKII�•NnIN Nn•ArN NNNKSNNNN NN NNN NN N This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed. Any use by others is strictly prohibited. N nrN NN Nn/NN N nrhrNlIN n.•fV 11INN n•NNNNNArN N/1J KrrW n!N NN NNnI Nnr NNNN NN NN N file.//CODocuments and SettingsMSCHRADNLoca1 Settings\Ternp\XPgrpwisel4CEB97... 11/23/2010 INTER-OFFICE.MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 1912312010 TO: Andre Price, Solid Waste Bob Mathia, Community& Economic Development Carl Littrell, Engineering Department Chris Dressel, Community& Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development John Byorni, Area Plan Commission co.st- ioser)h.in.us or 235-9893 fax) Stephen Gwen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO i ri in(@nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk.' SUBJECT: REQUEST FOR REC®MMENDATION —ALLEY VACATION APPLICANT: University of Notre Dante Attn: Teri Decola LOCATION: The First EastlWest Alleys Between St. Peter and Notre Dame Avenue, South of St. Vincent and North of Howard [SATE DUE: 1211 012090 FAX OR E-MAIL TO: 235-91711_/lmartint&_southbendin.aov RECOMMENDATIONS AND COMMENTS: By Date Il R3i t, 14V 7 _0-�Y'C ve- P Page l of 1 Nancy Schrader- Re. Ailey Vacation Recommendation - Notre Dame From: Andre Price To: Carl i_ittreit; Cheryl Greene; Chris Dressel; Federico Rodriguez;jbyornl@►co.st joseph.in.us; Jeff Gibney; Nancy Schrader; pmgriffin @nisource.com; Robert Mathia; Stephen Goen Date: 11/24/2010 6:25 AM Subject. Re: Alley Vacation Recommendation - Notre dame Ok to vacate will not affect trash collection fileWCADoeuments and SettingsMSCHRAD\Local Settings\Ternp\XPgrpwisel4CECAF... 11/24/2010 +: ,�� d INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT. 11123/2010 TO: Andre Price, Solid Waste Bob Math#a, Community & Economic Development Carl I_ittrell, Engineering Department Chris Dressel, Community & Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community& Economic Development John 13yorni, Area plan Commission (ibvorni@co.st- joseph.in.us or 235-9613 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO m ri in nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION —ALLEY VACATION APPLICANT University of Notre Dame Attn: Teri Decola LOCATION: The First East/West Alleys Between St. Peter and Notre Dame Avenue, South of St. Vincent and North of Howard DATE DUE: 1211012010 FAX OR E-MAIL. TO: 235-91711 Irnartin southbendin. ov RECOMMENDATIONS AND COMMENTS: I have no objection to this vacation request so long as the needs of adjoining property owners are inet. By r Date Page 1 of 1 Nancy Schrader - Re: Alley Vacation Recommendation - Notre Dame Fromm: Stephen Goen T®: Andre Price;Cart Llttrell; Cheryl Greene; Chris Dressel; Federico Rodriguez;jbyomi @co.st- joseph.in.us;Jeff Gibney; Nancy Schrader; pmgri€fin @nisource.com; Robert Mathia Date: 11/29/2010 9:27 AM Subject: Re: Alley Vacation Recommendation-Notre Dame Approved with m This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Fiend Police Department-Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574)235-7515 (574),235-7538 e >>> Nancy Schrader 11/23/201010:28 AM >>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574)235-9251 Fax: (574) 235-9171 Nn.NNN NIV •NNN NN NNNNN Nrt.NNN NNN—N-----NN—NNNNNNNNNNN NNNNN This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed, Any use by others is strictly prohibited. NN rt/NN NN N NNNNNN nr NNN NNry NNNN NN.✓NNN NNNNNNNN NNNlt.A.NNN NAN fileWCADocuments and Settings\NJSCHRAD1Local Settings\Temp\XPgMwise14CF371F... 11/30/2010 From: Federico Rodriguez To: Nancy Schrader Date: 11/23/2010 1:14 PM Subject: Re: Alley Vacation Recommendation -Notre Dame Recommendation for the vacation of the EasMest alley Is NO.Closing the alley will hinder our fire attack tactics by reducing the route of our water supply to the structures at the North/South cross alley. Federico"Chico"Rodriguez Fire Marshal South Bend Fire Dept. 1222 S.Michigan Street South Bend,In. 574-235-7564(0)) 574-235-9305(F) frodric�osouth bend in.gov >>>Nancy Schrader 11/23/201010:28 AM>>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Worts 227 West Jefferson,Room 1316 South Bend, Indiana 46601 Office: (574)235.9251 Fax: (574)235-9171 -------------------------------------------------- This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originaity addressed.Any use by others is strictly prohibited. Area Plan Commission of Ste Joseph County 1140-County-City Building South Bend, Indiana 46601 John W. Byomi E Larry P. Mar4liozxl Executive Director Assistant Director Phone 574 235-9571 www,st)osepheoun"dlana.wwareopian Fax 574 235-9815 December 1,2414 City of South Bend Board of Public Works 136 Floor,County-City Building South Bend,Indiana 46601 M- Alley Vacation Applicant. University of Notre Dame Vaittiun of the East/West Alley between St.Peter dt Notre Dame Avenne,South of St.Vincent Street and North of Howard Street Dear Board Members: The staff has reviewed this petition}. It is the staff's opinion that; (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The parcels adjacent to the alley to be vacated and surrounding neighborhood are thoroughly developed. Therefore, the proposed alley vacation would not restrict any future growth or development. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. Access to the adjacent lots will not be negatively affected or eliminated:as along as an access and maintenance easement is recorded for the eastern half of the vacated alley. This easement shall grant access rights to an existing shared private driveway located between two homes at 1017 and 1019 North Notre Dame Avenue. After the alley is vacated, portions of this driveway will be located on both the adjacent lots. (See attached photographs.) (3) The vacation would not hinder the public's access to a church,school, or other public building or place. The alley to be vacated does not provide access to any church, school, or public building or place. 1 VACAT10NS1201 MM"IFtEW alley N of HowatdbArn St Peter&Notre Dame,doc Serving South Bend,Lakeville,New Cadiale,North Uberty,Osceola.Roseland and St.Joseph County,Indlana (4) The vacation would not Finder the use of a public way by the neighborhood in which it is Located or to which it is contiguous. The use of all adjacent public ways will not be hindered by the vacation of this alley. The north-south alley located at the midpoint of the alley to be vacated will continue to provide access to any adjacent rear yatd garages. Due to the above stated reasons, the staff recommends that the proposed alley vacation be approved subject to the recording of an access and maintenance easement for the eastern half of the vacated alley. Please contact our office if you have any questions or need any additional information. Sincerely, --Vj7 -5-- Derek Spier,AICP Planner B:1F'�4c,4vo,vm201OVTAEwalley NofKmrard bn,,n St Peter&Notre Dame.doc 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 - 1217 S. WALNUT STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A (5) YEAR REAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC and/®r ITS AFFILIATES WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 1217 S. Walnut Street, South Bend, Indiana, and which is more particularly described as follows: A tract of land in the City of South Bend, County of St. Joseph, and State of Indiana, situated in the Northwest Quarter of Section 14, and the Northeast Quarter of Section 15, Township 37 North, Range Two (2) East, bounded by the following described line: Beginning at a point in the West line of Walnut Street, 1239.70 feet South of the South line of Sample Street, which point is 58795 feet South of the South line of the Sanders and Egbert Tract, as conveyed by deeds recorded in Deed Record 118, page 428, and Deed Record 121, page 320; thence on an assumed bearing of South 00°00'49" East along said West line of Walnut Street 479.91 feet; thence South 89 154'12" West, 725.03 feet; thence South 61°54'12" West, 42.91 feet; thence South 89 123132" West, 437.13 feet; thence North 00°00'49" West parallel with said West line of Walnut Street, 504.26 feet; thence North 89°55'05" East, 1200 feet to the place of beginning. and which has Key Number 018-8021-084503 a/k/a 71-08-15-276-003.000-026, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana,as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 4 Member of the Commo `Council F�n'e9 H ,'v?X4%wVi�w'A Q d fly Cnerk's office 8 2012 PRESENTED NOT APPROVE) C' ADOPTLO 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 4217 S. WALNUT STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC WHEREAS, a petition for personal property tax abatement consideration has been filed with the City CIerk for consideration by the Common Council of the City of South Bend, Indiana,requesting that the area commonly known as 1217 S. Walnut Street, South Bend, Indiana, and which is more particularly described as: A tract of land in the City of South Bend, County of St. Joseph, and State of Indiana, situated in the Northwest Quarter of Section 14, and the Northeast Quarter of Section 15, Township 37 North, Range Two (2) East,bounded by the following described line: Beginning at a point in the West line of Walnut Street, 1239.70 feet South of the South line of Sample Street, which point is 587.95 feet South of the South line of the Sanders and Egbert Tract, as conveyed by deeds recorded in Deed Record 118, page 428, and Deed Record 121, page 320; thence on an assumed bearing of South 00 000'49" East along said West line of Walnut Street 479.91 feet; thence South 89°54'12" West, 725.03 feet; thence South 61°54'12" West, 42.91 feet; thence South 89 123'32" West, 437.13 feet; thence North 00°00'49" West parallel with said West line of Walnut Street, 504.26 feet; thence North 89°55'05" East, 1200 feet to the place of beginning. and which has Key Number 018-8021-084503 a/k/a 71-08-15-276-003.000-026, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1-12.1 et seg., and South Bend Municipal Code Sections 2-76 et seg., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1,et sect., and South Bend Municipal Code Sections 2-76, et seq., and has fixrther prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Common Council hereby determines and finds pursuant to Indiana Code 6-1.1-12.1-4.5 et sect., that: a. the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to five (5) years; provided however, the Petitioner may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6-1.1-45 for the same property. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Comm Council %W,ng of x",1,5 bola 10 only to provi.de ell opportunity #or public hearing 8nQ Council on Ffe ' � �s Nr�o ..`� -L3-{Z 11Z I 1407. APA�c3V€ °f4 V!,2N, �SflU Ttg 8� 1200 COUNTY-CITY Bun.DING %O E /�%'1Q P14ONE 57412 3 5-9371 227 W JEFFERSON BOUI.F.VARD SOUTH BEND,INDIANA 466oi-183o W���_at FAX 574/x35'9025 1865 CITY OF SOUTH BEND PETE Bu TIGIEG,MAYOR COMMUNITY & ECONomic DEVELOPMENT March 29, 2012 Council Member, Chairperson Henry Davis Community& Economic Development Committee South Bend Common Council 4th Floor, County-City Building South Bend, IN 4£601 RE: Personal Property Tax Abatement Petition and Real Property Tax Abatement Petition for: Lock Joint Tube, LLC Dear Council Member : Please find attached the Department of Community&Economic Development's report on apersonal property tax abatement petition and a real property tax abatement petition for the above-referenced petitioner. Also attached are copies of the petitions, Statement of Benefits forms, and supporting information, The project calls for the acquisition and installation of new equipment as part of the company's planned increase in productive capacityin its facility located at 1217 South Walnut Street. The company also plans to construct an addition and raise the existing roof on the present building. The report contains the Department's findings relative to the above petitions. Lock Joint Tube will be purchasing and installing new manufacturing equipment, The total project cost for the equipment is estimated between $8.0 and$9.0 million. The project meets the qualifications for a(5) five-year personal property tax abatement. With the real property improvements, the Company will qualify for a four or a five year real property tax abatement. A representative from Lock Joint Tube will be available to meet with the Committee on Monday, April 23, 2012. Additionally,Lock Joint Tube is located in the Urban Enterprise Zone and may qualify for the Enterprise Zone Investment deduction. This is a I 0-year deduction which covers 100%of assessed value from new investment, but requires the company to contribute 25%of savings to the Urban Enterprise Association. The department recommends that should the company receive the UEZ designation, the Tax Abatement designation shall become null and void. COMMUNITY DEVELOPMENT EcC31.OMIc DkvF.I.OPMENT PAMELA C.IVIEYER 5741235-9660 DONALD F.INKS 7;12;5�937i FAX:5)-4/235-9.169 5 South Bend Common Council RE: Tax Abatements for Lock Joint Tube, LLC March 29, 2012 Page 2 The Company may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6-1.1-45 for the same property. 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 235-9278. Sincerely, wal'& Kathy Hahn Economic Development Specialist Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Aladean DeRose Don Inks South Bend Redevelopment Commission RE: Tax Abatements for Lock Joint Tube, LLC March 29, 2012 Page 2 Additionally,Lock Joint Tube is located in the Urban Enterprise Zone and may qualify for the Enterprise Zone Investment deduction.This is a 10-year deduction which covers 100% of assessed value from new investment,but requires the company to contribute 25% of savings to the Urban Enterprise Association. The department recommends that should the company receive the UEZ designation, the Tax Abatement designation shall become null and void. The real property tax abatement petition describes new investment in two primary building projects.First, there will be the removal and reconstruction of a new and raised roof structure(raised from 15 feet to 40 feet) covering approximately 60,000 square feet of manufacturing space. Second, they will construct a new 30,000 square foot addition for additional manufacturing, storage, and shipping space. These real estate investments will cost between $1.0 million and $1.6 million. Please note that the contractor information (on the real estate petition) is largely unknown at this time although they do want to use MidStates Construction as the primary contractor, and they know that a prefabricated metal building (which is not available locally) will be a large purchase. Based on the preliminary information, they should qualify for a four or five year real property tax abatement. The term that they qualify for will be known by the date set for obtaining the confirming resolution. Based on a project cost of$1.0 million with a four or five year year term, the taxes abated would range from $34,436 to $40,871 based on the approved term. The taxes paid will range fi-om $223,469 to $281,511. Based on a project cost of$1.6 million with a four or five year term,the taxes abated would range from$70,895 to$82,397 based on the approved term. The taxes paid would range from $258,514 to $329,364. EMPLOYMENT IMPACT Per the petitions,it is estimated that the projects will create seven to eleven new,permanent,full-time jobs within the first year of production representing a payroll of$210,000 to $330,000; and, the projects will maintain(56)fifty six existing,permanent full-time and no existing,part-time jobs representing an annual payroll of$2,300,000. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has been granted or associated with (3) three previous tax abatements. Term/Type Resolution No. Date 5-year personal property 3621-06 08/14/06 5-year personal property 3308-04 03/08/04 10-year real property 2952-00 11/27/00 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Development Area,which is a Tax Incremental Allocation Area; therefore, the petitions for personal property and real property must first be approved by the South Bend Redevelopment Commission. 4. A review of the South Bend Urban Enterprise Zone finds that the property is located in the Zone Area; therefore, it is recommended that should the company receive the UEZ designation,the Tax Abatement designation shall become null and void. The Company may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6-1.1 - 45 for the same property. 5. 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. The real property project will qualify for a four or five year property tax abatement pending further information on the contractors. 0 0 co N Q op V' m N N C 4 N O) (h Q Ln M } IQ+ (bOONY ' N Mcq(rJ oNLO 4 M b N � co N tC3 .- *' N M r a o O O O Q \° CN v Lo V N N eh- O O r 1rCJ O Q m N LO CO r z 07 CCDD (Cfn) 605 M h 65 �.I M T7 u1 Q M (D ({?C7 C] tD 00 (1 M 4) �C6 h M (bD C((f r h et' N h (D . r ~ L2 (MO a o Q O p bco N N 0 00� p [�Q lt n m (7 h 0) co d b Q ri M LO 'q!' c NLr) co * n 0 0 \°A N o 3 �? C r O 0 000 � Q b Oh a LLO Oo O LO 000 (Lj t'7 N a) V cr CO N (D N N O Q (D m m N Z X M (�' er N W M Q b (A b O(D 0 � O N Q n0 Ct od C6 04 03 01 cq Do Cli Ci co 00 co v)(� CO r V C N r r r YN U c N N u7 V D7 Dj x c O w Q 0 o rl �.:. 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Q � C) 00 o° ion, o w Y a`0`) 2 ri o � _� � m _ >- C1 ui °) t v y � o ° o @ m � j U m CL m N . g B 0 q`) a m V - W N N v N 10 X X u m v •N CEI w t2 Z V Q U m E tnu N rn w N co :3 CO @ O to Um � Q f CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s)of new manufacturing equipment and related personal property, located within the City of South Bend,hereby petitions the Common Council of the City of South Bend for personal property(new manufacturing equipment)tax abatement consideration and pursuant to I.C. 6-1.1-12. 1-1 et M., and South Bend Municipal Code Section 2-84.2 et M.,for this petition states the following: 1. Describe the proposed project, including information about the new manufacturing equipment personal property("equipment")to be installed,the amount of land to be used,if any,the proposed use of the equipment,and a general statement as to the value of the project to your business. Lock Joint Tube LLC the"Petitioner" manufacturers mechanical and structural gLade steel tubing in Indiana Land other states for use in various industries includin (among others automotive,recreational vehicle,office/furniture_„healthcare and construction. Petitioner is pip posing to invest between$8,000,000 and$9,000,000 in new manufacturing,information technology_and logistical distribution equipment to expand its production capabilities at its ,,,.,_._... Walnut Street South Bend facility. This investment in new equipment will a increase the len h wall thickness and width of steel tubing that can be manufactured by Petitioner, as well as (b) enhance the coating, weld capabilities and overall quality control standards for production of finished goods. In turn these increased ca abilities will-expand the es of products that Petitioner can manufacture and expand its existing markets and 012en new markets for the production and delivery of goods, including markets such as automotive axles,roll.-over protection systems and other heave structural applications: 2. The project will create at least 7-11 new, permanent, jobs within the first year, representing a new annual payroll of between $210,000 and $330,000. The Petitioner anticipates that the number of jobs(and associated payroll)will nearly double as production progresses through 2013 and 2014 if additional shifts are added. The jobs related to this proposed project are new jobs to the South Bend community. 3. Estimate the cost of the Equipment: The estimated cost of equipment which will be reported for Indiana personal property taxes is estimated to be between$8,000,000 and $9.000,000. 4. (a) The Equipment is owned or to be owned by the following individuals or corporations (if the business organization is publicly-held,indicate also the name of the corporate parent,if any,and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST Lock Joint Tube 515 W. Ireland Road Owner (or subsidiary) South Bend, Indiana 46614 (b) The following other persons lease, intend to lease, or have an option to buy this equipment(include corporate information as required in(4)(a)above, if applicable): NAME ADDRESS INTEREST N/A NIA NIA 5. Give a brief description of the overall nature of the business and of the operations occurring at the location for which tax abatement is requested: The Petitioner's operations at its Walnut Street facilily in South Bend involve the manufacture,milling and fabrication of steel tubing for various industries,including(among others),the automotive recreational vehicle office/furniture, healthcare and construction industries. 6. The commonly known address of the property where the Equipment is located is: Theequipment is proposed to be located at 1217 S. Walnut Street South Bend Indiana 7. The Key Number of said property is: The key number of the real estate where the a ui ment is proposed to be located is 018._8021-054503 (a/k/a 71-08-15-276-003.000-026) 8. Attach the legal description of the property where the equipment is to be located, marked "Exhibit A," and is hereby incorporated herein. Please see Exhibit A attached hereto. 9. Attach a map and/or plat describing the property where the equipment is to be located, marked "Exhibit B," and is hereby incorporated herein. Please see Exhibit B attached hereto. 10. Attach photographs of the property, taken within 30 days of filing of this petition, marked "Exhibit C," and hereby incorporated herein. Please see Exhibit C attached hereto. 11. The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment $ None 12. The current use of the real property where the Equipment will be installed is industrial./manufacturing. The current zoning is "GI" General Industrial (use) and n/a (height and area). (This information may be obtained from the Building Department 235-9553.) 13. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner; YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES 2011 $36,358 $102,254 2010 $35,326 _$100,183 2009 $39,636 91301 2008 43 107 81,291 2007 28 597 (This information may be obtained from the St. Joseph County Treasurer's office 235-9531.) 14. Describe the commitment made within the past five years by your firm to hiring minority individuals, including number of minorities employed during each of the past five years, specifying whether full time or part-time and whether permanent of temporary employees. The Petitioner shall also list the current number of total employees (full and part-time)and the current number of minority individuals (full and part-time). *Year Total Minority Minority Minority Employees Total Full-Time Part-Time 2011 56 14 14 0 2010 47 9 9 0 2009 45 8 8 0 2008 38 6 6 0 2007 45 5 5 0 *These numbers reflect employment at Petitioner's Walnut Street location. 15. Describe on-site child care of day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. None. 16. What is your best estimate of the market value of the new Equipment after installation? The market value of Petitioner's equipment is estimated to be in excess of $ 000 000, 17. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? The following estimates are based on equipment installations with a cost of$8,500,000 and a 3.5%tax rate for oses of the estimate of taxes to be abated Year Estimated Dollar Amount 1 $119,000 2 $133,280 3 $74,970 4 $38,080 5 $17,850 18. What is the commitment your firm will make to minority employment during the five years of tax abatement? Petitioner is an a ual opportuniV em to er with a focus on attractinia, hiring and retaining qualified employees. In addition Petitioner is committed to followma measures dwina the next five gars to attract minority_candidates to apply for positions at Lock Joint Tube. In addition to walk-in traffic and local advertisement petitioner also uses local employment agencies to advertise ositions for attracting candidates including minority candidates. 19. The Equipment has not been installed as of the date of filing of this petition. The signature at the end of this Petition is verification of this statement. 20. The standard Industrial Classification Manual major group within which the proposed project would be classified,by number and description:Major Grou p 33.--Primary Metals Industries 21. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 331200 - Steel Product Manufacturing from Purchased Steel 22, The real property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: Sample Ewing Development Area 23. Other anticipated public financing for the project including, if any, industrial revenue- bonding to be sought or already authorized,assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and the St. Joseph County, Indiana; or other public financial assistance, including but not limited to public works improvements. None. 24. Describe how and why the manufacturing equipment to be replaced or the facility in which Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues: Petitioner does not anticipate that its investment,will"replace"existine equipment. Rather. the new investment will enhance its production capabilities and expand the tomes of products, it can produce. This will lead to expansion of existing markets and new markets) and additional product/customer diversification to support further growth. 25. The new manufacturing equipment will be used in the direct production, manufacture, fabrication,assembly,extraction,mining,processing,refining,or finishing of other tangible personal property and that the equipment was never before used by its owner for any purpose in Indiana. The signature at the end of this Petition is verification of this statement. 26, The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: Name: Timothy D. Hernly Richard J. Deahl Address: Barnes & Thornburg LLP 100 North Michigan, Suite 600 City, State, Zip Code: South Bend, IN 46601 Telephone: 574-233-1171 WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible personal property tax abatement consideration,and after publication of notice and public hearing,determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owners(s): LOCK JOINT TUBE, LLC B�l (Signed Name) (Typed or printed name and capacity of signor if signed by an agent or representative of the owner) Dated: March o?-, 2012 CITY CLERK", z���s�lTFJ :3t',�'.w'i t: � STATEMENT OF BENEFITS FORM 58-7 f PP PERSONAL PROPERTY ' State Form 51764(R 11-06) 7af CY NOTICE ti f Prescribed by the Department of Local Govemment Finance ny specific Individual's ion fs confidential; the Ming is public record 15.#{c)and(d). INSTRUCTIONS: I. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area, Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and/or research and development equipment,and/or logistical distribution equipment and/or information technology equipment for which the person wishes to claim a deduction. "Projects"planned or committed to after July 1, 1987, and areas designated after July 1, 1587,require a STATEMENT OF BENEFITS. (iC 6-1.1-12,1) 2. Approval of the designating body(City Council, Town Board, County Council, etc.)must be obtained prior to installation of the new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information be approved. technology equipment BEFORE a deduction may 3. To obtain a deduction,a person must file a certified deduction schedule with the person's personal property return on a certified deduction schedule(Form 103- ERA) with the township assessor of the township where the property is situated. The 103-ERA must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March 1 and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991,must submit Form CF-I/PP annually to show compliance with the Statement ofBeneftts, (IC 6-1.1-12.1-5.5) 5. The schedules established under IC 641-12,f-4.5(d) and(e) apply to equipment installed after March 1, 2001. For equipment installed prior to March 2, 2001, the schedules and statutes in effect at the time shall continue to apply, (IC 6-1.1-12.1-4.5(t)and(g)) Name of taxpayer LOCK JOINT TUBE,LLC and/or STEEL WAREHOUSE COMPANY,LLC Address of taxpayer(number and street,city, state and ZIP code) 515 W. Ireland Road, South Bend, Indiana 46614 Name of contact person Telephone number Robert Strzelecki, Controller (574)299-3455 Name of designating body Resolution number(s) Common Council of the City of South Bend Location o€property County DLGF taxing district number 1217 S.Walnut Street, South Bend, Indiana 46619 St,Joseph 026(SB-Portage) Description of manufacturing equipment and/or research and development equipment ESTIMATED and/or logistical distribution equipment and/or information technology equipment Start Date Completion Date (use additional sheets if necessary) Manufacturing Equipment September 2012 March 2014 Proposed installation of new manufacturing, information technology and logistical R&D Equipment Distribution equipment used in the manufacture of steel tubing and related products having an original cost in excess of$8,000,000 Logist Dist Equipment September 2012 March 2014 IT Equipment September 2D12 March 2014 Zurren:tn umber Sal aries Number retained Salaries Number additional Salaries 56 _$2,300,000 56 --$2,300,000 7-11 �-$210k-$330k e e • ® e -e•s � °-e MANUFACTURING LOGIST DIST NOTE: Pursuant to IC 6-1.1-12.1-5.1(d)(2)the EQUIPMENT R&0 EQUIPMENT EQUIPMENT IT EQUIPMENT COST of the property is confidential, Assessed Assessed Cost Assessed Cost Assessed Cost Value Cost Value Value Value Current values -�6.5MM -1.8MM $D N/A $0 N/A--E:Plus estimated values of proposed project -$6..5--7.5 Reg.16 -1.4MM Reg,16 -100k Reg.18 Less values of any property being replaced NIA NIA N/A N/A N/A NIA iMirins Mel Net estimated values upon completion of project $13-14 MM Reg, 16 -1 AMM Reg. 16 -100k Reg,16 Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) Other Benefits; • ' e I hereby certify that the representations in this statement are true, re a thorized r en Title I Date sig ed(month,day,year) Robert Strzelecki, Controller March,2012 We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1,1-12.1-2.5, pro- vides for the following limitations as authorized under IC 6-1.1-12.1-2. A. The designated area has been limited to a period of time not to exceed calendar years* (see below), The date this designation expires is B, The type of deduction that is allowed in the designated area is limited to: 1. Installation of new manufacturing equipment; ❑Yes ❑ No 2. Installation of new research and development equipment; ❑Yes ❑No 3. Installation of new logistical distribution equipment. ❑Yes ❑No 4. Installation of new information technology equipment; ❑Yes ❑No C.The amount of deduction applicable to new manufacturing equipment is limited to $ cost with an assessed value of$ D.The amount of deduction applicable to new research and development equipment is limited to $ cost with an assessed value of$ E. The amount of deduction applicable to new logistical distribution equipment is limited to $ cost with an assessed value of$ F. The amount of deduction applicable to new information technology equipment is limited to $ cost with an assessed value of$ G.Other limitations or conditions(specify} H.The deduction for new manufacturing equipment and/or new research and development equipment and/or new logistical distribution equipment and/or new information technology equipment installed and first claimed eligible for deduction on or after July 1, 2000 is allowed for: ❑ 1 year ❑6 years ** For ERA's established prior to July 1, 2000, only a ❑2 years ❑ 7 years 5 or 10 year schedule may be deducted. ❑3 years ❑8 years . 114 years ❑9 years ❑5 years** ❑ 10 years" Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved: (signature and title of authorized member) Telephone number Date signed(month,day,year) Attested by: Designated body L the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.1-12.1-4.5, SBD502 4278540 CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner{s} of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C. § 6-1.1-12.1-1 et seq., and South Bend Municipal Code Section 2-76, et s__ cd., for this petition states the following: 1. Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to your business. Lock Joint Tube, LLC and/or its affiliates the "Petitioner") manufacturers mechanical and structural gLade steel tubing in Indiana and other states for use in various industries including (among others) automotive,and construction. he proposed t�roject includs recreational f.,_elfurniture, healthcare c new in two primm building ro'ects including 1 the removal and reconstruction of a new and raised roof structure raised from 15' to 40' covering approximately 60,000 square feet of manufacturin space, 2) anew building addition containing approximately 30,000 square feet to be used for manufacturing, storage and shipping space all located at the Lock Joint Tube, LLC facility on S. Street in_South„Bend. The Petitioner anticipates, that these real estate investments will cost between $1,000,000 and $1,600,004. This proposed investment is bein considered in connection with Petitioner's investment of between $8,000,000 and $9,000,000 in new manufacturing equipment (to be located ,., within .the real. estate subiect to this Petition in order to a-increase Petitioner's prn _ cluction capabilities, including the thickness, width_and„overall length of steel tubing manufactured by Petitioner, and (b) expand existing business_ into new _ g and gain entry___-- markets. Land Size 13.45 acres; Building Size 30,000 sq, ft. new building addition} together with new roof structure over 60,000 sq. ft. 2. Describe the overall nature of the business and of the operations occurring at the Property (Please attach additional sheet if more space is needed): As noted above, Petitioner manufacturers mechanical and structural . ade steel tubing in . Indiana and other states for use in various industries including amon others automotive, _recreational vehicle office/furniture healthcare and construction. This proposed project (and its proposed investment, in new manufacturing equipment) is intended to significantly increase Petitioner's production capabilities and expand the types of products that Petitioner can manufacture and the markets Petitioner serves, including new vroducts. such as automotive axles roll-over Protection systems and other heavy structural a lications. 3. Estimate the dollar value of the project (excluding land): 1 000 000-$1 600 000 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: $989,500_ (This information may be obtained from the St. Joseph County Assessor's Office at 235- 9557.) S. (a) The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporation(s) (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Address Interest Lock Joint Tube LLC 515 W. Ireland Road 1.00% and/or A&P Realty South Bend Indiana 46614 (b) The following other person(s) or corporation(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in (5)(a) above, if applicable): Name Address Interest NIA 6. The commonly known address of the Property is: 1217 S. Walnut Street South Bend Indiana 46619 7. The Key Number(s) of said property is: 018-8021-084503 a/k/a 7I-08-15-276-003.000- 026 8. A legal description of the above address is attached hereto, marked "Exhibit A," and incorporated herein. Please see Attached Exhibit A 9. A map and/or plat describing the Property is attached hereto, marked "Exhibit B," and incorporated herein. Please See Attached Exhibit B 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked "Exhibit C," and incorporated herein. See Attached Exhibit C 11. The REAL property where the proposed redevelopment or rehabilitation project will be carried out is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: Sample Ewin Develo ment Area 12. The redevelopment or rehabilitation project itself will: (a) create 7-11* permanent, full- time and 0 permanent, part-time jobs within the first year, representing a new annual payroll of ,21.0,000 - $330,000; and (b) maintain 56 existing, permanent, full-time and N/A existing, permanent, part-time jobs (including existing, permanent, full-time, minority employment of 14 workers and existing, permanent, part-time, minority employment of NIA workers) with a total annual payroll of zJ2,200 000 for all existing employees*. * Please note that information provided on existing and projected employment relates to Petitioner's facility on Walnut Street in South Bend. 13. Provide current wage information for existing employees including: base rate, cost-of- living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips (please show average hourly rate or range). Do not include: back pay,jury duty pay, overtime pay, severance pay, shift differentials,non- production bonuses, and tuition reimbursements. Per Hour Full-Time Part-Time Laborers $12.98 — 19.55 $12.98— 19.55 NIA Technical $ $ Managerial $18.03 — 37.71 $18.03 —37.71 Administrative Is 1 $ 14. The projected annual salary for each new position indicated in item 12 above is estimated to be as follows (Please attach addition sheet(s) if more space is needed): POSITION (Indicate Full Time [FT] or Part Time [PT] EMPLOYMENT WAGE Please See Ouestion 13 Above. 15. Indicate whether your company provides the following benefits (use YIN): Y Health Care Benefits Y Pension Plan Y Employer Provided Training (recognized or certified training/educational courses or programs) N Day Care (provide or contribute to the cost of child day care for its employees) N Transportation Assistance (provide direct or indirect support and assistance to its employees who lack private transportation to get back and forth from residence to place of employment) N Employer-Assisted Housing Program (provide an employer-assisted home ownership program) N Targeted Hiring Preference (provide hiring preference for resident of Census Tracts designated by the City's Community& Economic Development Department that have the highest unemployment or the highest percentage of low and moderate income individuals) (Additional information may be requested for verification of the above items) 16. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES 2011 $36,358 $102,254 2010 $35,326 $100183 2009 $39.636 $_91,301 2008 $43,107 81,291 2007 28,597 (This information may be obtained from the St. Joseph County Treasurer's Office 235- 9531) 17. Please list the number of full-time and part-time minority employees for each of the last three years:* YEAR 2011 2010 2009 FULL PART FULL TIME FULL PART Black 11 g 7 Hispanic 3 1 Asian Indian Other * Please note that the employment information relates to employment of Lock Joint Tube, LLC located at its Walnut Street (South Bend) facility. 18. Does your business maintain a written (formal) affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: Petitioner is an equal opportunily opportunity employer which does not discriminate for any reason including race color, citizenship status national origin. gender a e religion h sisal or .mental disability, veteran status or any other factor protected by law. I9. Indicate whether or not your project will finance any of the following activities. (If desired, please contact the Community & Economic Development Department 235-9335 for additional information on this section): No Conversion to residential use of a commercial building "Eligible Building" as designated by the Community &Economic Development Department. No Rehabilitation of a building that is either: (a) on the National Register of Historic Places; (b) designated as a local landmark; (c) located in a National Register or local landmark district; (d) eligible for nomination as a National Register or local landmark; or (e) is rated as Outstanding(0/13) or Significant(S/12 or S/I 1) in the most recent Historic Preservation county- wide survey. No Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department. No Cleaning up a`Brownfield," which is any site, building, facility or complex that has been designated a brownfield by the Community and Economic Development Department. 20, Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located with St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business. (Please attach additional sheet(s) if more space is needed): No. 21. Will your project achieve one or more physical elements identified in a development or revitalization plan that has been approved by the Common Council? If yes, please explain. NIA 22. Does your business provide significant financial support to a Municipal Facility (i.e. municipally owned park, recreation center or cultural arts or entertainment facility or other similar public amenity)? If yes,please explain. No. 23. Is your company incurring any of the costs of extension or over-sizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements. (Please attached additional sheet(s) if more space is needed): No. r 24. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). 25. Information is required on the construction companies that will be utilized for the construction or rehabilitation associated with the project. (Please complete the table on page 9 of this application). 26. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owner's signature at the end of this application is verification of this statement.) 27. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAICS) major group within which the proposed project would be classified, by number and description: Major Group 33 --Primary Metals Industries 28. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 331200 - Steel Product Manufacturing from Purchased Steel 29. The current use of the Property is industrial/manufacturing and the current zoning is "GI",_ General Industrial. (This information may be obtained form the Building Department 235-9554). 30. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property), term and date of approval. (Please attach additional sheet(s) if more space is needed) ABATEMENT TYPE TERM DATE OF APPROVAL Personal Property( Walnut Street) 5-Year August, 2006 31. Other anticipated public financing for the project including, if any, industrial revenue bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Administration Section 503 or 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund; or other public financial assistance, including but not limited to public works improvements. None. 32. The following person(s) should be contacted as Petitioner's primary agent(s) regarding additional information and public hearing notifications and the following individual(s) may participate at the committee and full counsel meetings of the South Bend Common Council: Name: Richard J, Deahl, Barnes & Thornburiz LLP Address: Sour 1_.600 _ 5c Source Bank Center, 100 North Michigan �,_,• City, State, Zip Code: South Bend IN 46601 Telephone: 574-233-1171 E-Mail Address: rdeahl@btlaw.com 33, If this real property tax abatement is for warehouse or industrial developments, pursuant to South Bend Municipal Code Sec, 2-83.2, please indicate the name, address, telephone number and e-mail address of the person who will work with WorkOne Northern Indiana (WWI) or its successor agency for employee recruitment, and assign the required WNI form attached to the petition. Name: Robert Strzelecki, Controller Address: 515 W. Ireland Road City, State, Zip Code: South Bend, Indiana 46614 Telephone: (574) 299-3455 E-Mail Address: strzeleckib @ljtube.com WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2- 84.7 of the Municipal Code of the City of South Bend has been paid in full. Narne of Property Owner(s): LOCK JOINT TUBE, LLC B • (Signed Name) Robert Strzelecki, Controller (Typed or printed name and capacity of signor if signed by an agent or representative of the owner.) Attachments: Exhibit A - Legal Description Exhibit B - Map or Plat Exhibit C - Photographs of the Property Other Attachments: - Construction/Contractor Information MAR 4 o ro rr 41 4- U (.0 C.0 ca W3 aj 0 C c LO U') (D (D or) Lo 44- co (.0 C) to ((D D) IcT; c V 00� :LO i 6A 69 69 0- ro 0 m Q 0 C: 0 LV 0 0 0 O cl 0 Cd .0 Ln CC) LU 0 (D C) m Im cu U.U. 10 a) CL w > cl 0 U. 0 t,r im V) w AD cu 14. U) u 0 k.- LU CL CL E z 0 m o z 0 o E 0 O 0 < a) 40- L) cl� m LO 0 w NMd ui Im 0 0 0 ti Q c s "G = •h �. y CL,�. N i+ rL E j 0 a p v �` � Z U w rA L4 N •fir E C ,0 C Cd "a .� .n a erg Q Q \Z z Z Z Z Z Z Z z O O. tUd �. Cl = > ed O o N © .y Z O 0 A Z Z z Z z Z z Z Z 0 o u o M vo cz u . 6o N En U w w aid chi " ZZZZZZ ZZZ ? ° C +tiZ a �; � ZZZZZZ ZZZ rr��jj bU4 4� N C Q O 'cd O d Qv7 tC fl L _d 47 r0+ W 3 E 0, ' Z z Z Z Z Z Z Z Z c c ni = o e 111 c C � �, +� . O ,�, .a vl w 0 0 CD A. 0 t} r m Z �. 4O M E 0 � 0 U su Z 0 0 cd co U c •3 cd > :� a Q o v U 0 d 69 6F3 6q? 69- 69 6s. 0 cd �. v a ) A. O i. U O LZ O 1'L N O N +' O O Q. ... � U Q d LL E G7. Q O °F o y 4 .a o a) CL a D Cl) � W o V E Z Z O O d ' v � >, Q c L1J O its § U 1 -o -2 O- I-- O U O U O Cd y 0 a¢i ro v O (D +L+ 0 r- CV m ct U-) CO O W O Q Z V U Z N CY) IZ O O _ O � F°- EXHIBIT A LEGAL DESCRIPTION A tract of land in the City of South Bend, County of St. Joseph, and State of Indiana, situated in the Northwest Quarter of Section 14, and the Northeast Quarter of Section 15, Township 37 North, Range Two (2) East, bounded by the following described line: Beginning at a point in the West line of Walnut Street, 1239.70 feet South of the South line of Sample Street, which point is 587.95 feet South of the South line of the Sanders and Egbert Tract, as conveyed by deeds recorded in Deed Record 118, page 428, and Deed Record 121, page 320; thence on an assumed bearing of South 00°00'49" East along said West line of Walnut Street 479.91 feet; thence South 89°54'12" West, 725.03 feet; thence South 61°54'12" West, 42.91 feet; thence South 89°23'32" West, 437.13 feet; thence North 00°00'49" West parallel with said West line of Walnut Street, 504.26 feet; thence North 89°55'05" East, 1200 feet to the place of beginning. 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'x" ... .. .�:. :. :: ..... ,.!, ....... . .. . .. ...I I;k,.l,... ....�. .�, � i ll,�,,��1�1 .- .... .. .. .... . . ..1 STATEMENT OF BENEFITS Y REAL ESTATE IMPROVEMENTS FORM 59-4 1 Rea!Property State Form 51766 8211-07 Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code(check one box): x Rgdeveldpment o(r�habil ati44n of eel estate improvements(IC&-1.1-12.1-4) a Eligible vacant budding INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area, Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects" planned or committed to alter July 1, 1987, and areas designated after July 1, 1987,require a STATEMENT OF BENEFITS. 2. Approval of the designating body(City Council, Town Board, County Council, etc.)must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction may be approved 3. To obtain a deduction, application Fort 322ERAIRE or Form 322 ERANBD, Whichever is applicable, must be filed with the County Auditor by the later Of (1)May 10;or(2)thirty(30)days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4, Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF-11RE annually to show compliance with the Statement of Benefits. (IC 6 1.1-12,1-5.i(b)) 5. The schedules established under IC 5-1.1-12.1-4(d)for rehabilitated property and under 1C 6-1.1-12.148(1)for vacant buildings apply to any statement of benefits approved an or after July 1, 2000. The schedules effective prior to July 1,2000,shall continue to apply to a statement of benefits filed before July 1, 2000. Name of taxpayer LOCK JOINT TUBE, LLC,STEEL WAREHOUSE COMPANY,LLC AND/OR A&F REALTY(AFFILIATED REAL ESTATE HOLDfNG COMPANY) Address of taxpayer(number and street city,state,and ZIP code) 515 W. Ireland Road,South Bend, Indiana 46614 Name of contact person Telephone number E-mail address Robert Strzelecki,Controller (574)299-3455 strzeleckib @ljtube.com Name of designating body Common Council of the City of South Send Resolution number , Location of property County DLGF taxing district number 1217 S.Walnut Street, South Bend, Indiana St,Joseph 026(South Bend—Portage) Description of real property improvements,redevelopment,or rehabilitation(use additional sheets if necessary) Estimated start date(month,day,Hear) roposed investment of between $1.0 and $1.6 million+ to construct a new heightened roof structure covering April 1,2012 pproximately 60,OOG SF together with a building addition of approximate) 30,000 SF to be used fo Estimated completion date(month,day,year) I'MAlanufacturing.st are a and shi In y March 1,z01s p' purposes. ° En I I h Ely&9 9l1Qq2_411"' m . - m •-••• • --m Current number Salaries Number retained Salaries - Number additional Salaries 56 —$2,300,000+/_ 56 $2,300,000+/- 7.11 $210,000-$330,00 NOTE: Pursuant to IC 6-1.1-12.1-5.1(d)(2)the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values 989,500 Pius estimated values of proposed project —$1.0 MM-$1.6MM Det. under Reg. 17 Less values of any property being replaced N/A NIA Net estimated values upon completion of project x$1.0 MM—1.6MM+ pet. under Reg. 17 ° • • e • -m y Estimated sofid waste converted(pounds) Estimated hazardous waste converted(pounds) Other benefits: m ° I hereby certify that the representations in this statement are true, Signature of authorized rep sentative Title Date signed(month, day,year Robert Strzelecki,Controller March20i2 Page 1 of 2 We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years* (see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment of rehabilitation of real estate improvements; ❑ Yes ❑ No 2. Residentially distressed areas ❑ Yes ❑ No 3. Occupancy of a vacant building ❑ Yes ❑ No C, The amount of the deduction applicable is limited to$ D. Other limitations or conditions(specify) E. The deduction is allowed for years*(see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above, Approved(signature and title of authorized member of designating body) Telephone number pate signed(month,day,year) Attested by(signature and title of attester) Designated body " If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.12-12,1-4. A. For residentially distressed areas,the deduction period may not exceed five(5)years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1,2000, the deduction period is limited to three(3), six(6), or ten(10)years. 2. If the Economic Revitalization Area was designated after June 20, 2000,the deduction period may not exceed ten(10)years. C. For vacant buildings, the deduction period may not exceed two(2)years. Page 2 of 2 PIN, 1L- - 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 7101 Vorden Parkway AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO TO A FINE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR THE TIRE RACK, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 7101 Vorden Parkway, South Bend, Indiana, and which is more particularly described as follows: Lot 1 B W Business Park Major Sub 02-03 New Replat 4013-16-01 and which has Key Number 025-1011-018604, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seMc., and South Bend Municipal Code Sections 2.76 et seed., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et 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 and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq.,for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to five(5)years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common/Council a Filed $Y 0 e t k w. �,' f A&id APR 10 U12 rrMA �--1( CI 1 4 CLr, y:74i 3{•i F" a."`i'k:.i'.t4Y}ik P-PESE TED t Z3-tt NOT APPROVU z I200 COUNTY-CITY$unniNG 4 5�tl4iF�l'l/ji'�4 2.7.7 W.JEFFERSON BOUI.F.VARD w,�t1� PHONE 574/x3 5-9371 v��\ Fax x 5741 2.35-9o2I SouTH$F.ND,INDIANA 466oI-183o �/ � le 1965 CITY OF SouTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT April 4, 2012 Council Member Henry Davis, Chairperson Community&Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: The Tire Rack, Inc. Dear Council Member Davis: Please find attached the Department of Community & Economic Development's report on a commercial real property tax abatement petition for the above-referenced Petitioner for the construction of a 36,000 square foot building at 7101 Vorden Parkway.Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the abovepetition. The Petitioner,The Tire Rack, Inc. proposes to construct a building which will cost$6,500,000. The Petitioner is seeking a three to five year real property tax abatement for the building. A representative of the Petitioner will be available to meet with the Committee on Monday, April 23, 2012. Should you or any of the other Council members have any questions concerning the report,or need additional information, please feel free to call me at 235-9278. Sincerely, Kathy Hahn Economic Development Specialist Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Don Inks CommuNITY DEVELOPMENT ECONOMIC DEVF.I,0PMF.NT PAM>~u C.NFSYSA .[3oNhLD E.INB$ 574/235-9660 5741235.9371 FAX:574/2.3 5-9469 I2o0 COUNTY-CITY Bun DING lif`lil�O 227 w JPFFERSON BOULEVARD �\ �� P FAX 574 23-9021 /� �� Fax 57 23--9o2x SoaTFr 1}3:Nn,INDIANA ¢66ox-1830 1865 CITY OF,7ouTH BEND PETE BUTTIGIFG, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: THE TIRE RACK, INC. DATE: April 4, 2012 On April 4, 2012, a petition for real property tax abatement consideration for property located at 7101 Vorden Parkway was filed with the City Clerk by The Tire Rack, Inc. Pursuant to Chapter 2, Article 6, Section 2-82 of the Municipal Code of the City of South Bend,this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition,investigated the area, and makes the following report. PROJECT SUMMARY The Tire Rack, Inc. is a mail order and e-commerce firm engaged in the business of selling performance tires, wheels, and accessories for passenger automobiles and light duty trucks. The petitioner would like to construct a 36,000 square foot office building which will enable the expansion of Technological Resources and assets to further the growth and development of their e- commerce Product Distribution business. The estimated dollar value of the project,excluding land, is $6,500,000. Information about the construction contractors is not yet known but will be available prior to the date set for granting the confirming resolution. The company will qualify for a three to five year real property abatement. Total taxes to be abated during a(5)five-year abatement period are estimated at $496,345. Total taxes to be paid during a(5)five-year abatement period are estimated at$471,939. COMMUNITY I pwi.OPMEnT EcoNUMIc D&VF3.OPMENr PAMELA C.MEYER DONALD E.IIV3C5 5741235-9660 574/235-4371 Fax; 5741235-9469 South Bend Common Council RE: Tax Abatement for The Tire Rack, Inc.. April 4, 2012 Page 2 Total taxes to be abated during a(4) four year abatement are�estimated at$419,798. Total taxes to be paid during a(4) four year abatement are estimated at$354,829. Total taxes to be abated during a (3) three year abatement are estimated at $342,052. Total taxes to be paid during a (3) three year abatement are estimated at $238,918. EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will create at least thirty(30)new, permanent, full-time jobs in the first year of production representing a new annual payroll of at least$1,600,000. The project will maintain 396 existing, permanent, full-time jobs with a total annual payroll of $26,500,000. ABATEMENT QUALIFICATIQN 1. A review of the tax abatements previously granted finds that the petitioner has been granted or been associated with one previous tax abatements. Type Resolution Number Date 10 year real property abatement 2892-00 June 26, 2000 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Development Area, which is a Tax Incremental Allocation Area;therefore,the petition for personal property tax deduction must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a (3)three to (5) five-year real property tax abatement under section 2-83, Real Property Tax Abatement- Warehouse Development City-Wide. CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s)of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C,, 6-1.1-12.1-1, et seg., and South send Municipal Code Sec. 2-76 et sea., for this petition state the following: 1. Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made,the proposed use of the improvements,and a general statement as to the importance of the project to your business: Construction of an office building enabling the expansion of Technological Resources and assets to further the growth and development of our E-commerce Product Distribution usiness. Land Size 3. 53 acres; Building Size 36,000 sq.ft. 2. Describe the overall nature of the business and of the operations occurring at the Property (Please attach an additional sheet if more space is needed): The Tire EAQk, Inc is a mail Qrder and e-cnmmercg ,firm engaged in the business of selling Performance tires, wheels and accessories for passenger automobiles and— light Yg u Y trucks. 3, Estimate the dollar value of the project (excluding land): $ 6,500,000 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement Is: $_1 2_3 600 (This information may be obtained from the St.Joseph County Assessor's Office 235- 9557.) 5. (a) The real property for which tax abatement consideration is petitioned(Property)is owned or to be owned by the following individual(s) or corporation(s) (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST(%) The Tire _Rack, Inc. Vorden Pkwv South Bend, IN 100% (Rev 5/13/11) (b) The following other person(s)or corporation(s)lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); NAME ADDRESS INTEREST(%) 6. The commonly known address of the Property is: vacant lot at Northwest corner of Olive Road & Vorden Parkway 7. The Key Number(s) of said property is: 025 1011 018604 8. A legal description of the above address is attached hereto, marked"Exhibit A,"and incorporated herein. Lot #1 Blackthorn west Business Park 9. A map and/or plat describing the Property is attached hereto,marked"Exhibit R3,"and incorporated herein. 10. Photographs of the property, taken within two (2)weeks of filing of this petition, are attached hereto, marked "Exhibit C,"and incorporated herein. 11, The REAL_propertywhere the proposed redevelopment or rehabilitation projectwill be carried out is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: Airport Economic Development Area 12. The redevelopment or rehabilitation project Itself will: (a)create 30 permanent, full-time and - permanent, part-time jobs within the first year,representing a new annual payroll of$1,600,000 ; and (b) maintain 3existing, permanent, full-time and existing, permanent, part-time jobs (including existing, permanent, full-time, minority employment of--45—workers and existing, perma- nent, part-time, minority employment of workers)with a total annual payroll Of $26,sop,goo for all existing employees. 13. Provide current wage information for existing employees including: base rate, cost-of- living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips(please show average hourly rate or range). ©o Not Include: back pay, jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements, Full-Time Part-Time Laborers $ 16.61 $ 12.05 Technical $ 33.29 $___2.40 Managerial $ $ Administrative $ $ (Rev s/13/11) 2 14. The projected annual salary for each new position indicated in item 12 above is estimated to be as follows (Please attach additional sheet (s) if more space is needed): POSITION (Indicate Full.Time[FTj or Part Time[PT]) EMPLOYMENT WAGE 23 Internet Deslgn. Z Design. Internet Pro rammin arketin Sates/ General office $62, 400 7 Distribution Center Laborers $31 , 20o 15. Indicate whether your company provides the following benefits (use YIN): y Health Care Benefits Y Pension Plan (4 01 K Plan) Y Employer Provided Training (recognized or certified training/educational courses or programs) Day Care (provide or contribute to the cost of child day care for its employees) Transportation Assistance(provide direct or indirect support and assistance to its employees who lack private transportation to get back and forth from residence to place of employment) Employer-Assisted Housing Program (provide an employer-assisted home ownership program) Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the City's Community& Economic Development Department that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 16. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner; YEAR READ PROPERTY TAXES PERSONAL PROPERTY TAXES 2011 $4,558.84 N/A 2010 $4, 429. 72 N/A 2009 $4,963.31 N A 2008 $S, 115.88 N A 2007 $4,890. 37 07A (This information may be obtained from the St. Joseph County Treasurer's office 235-9531) (Rev 5113111) 3 17. Please list the number of full-time and part-time minority employees for each of the last three years: • Year 2— 011 _ 2010 2009 Full Part Full Part Full Black 14 11 11 Hispanic 20 18 19 Asian 10 9 8 a ` Indian - - Other 7 18. Does your business maintain a written (formal) affirmative action plan or other similar plan in order to achieve racial diversity? if yes, please briefly indicate specific goals, objectives, and means as designated by your plan: Equal Empiayment Opportunity Marked "Exhibit E7 19. Indicate whether or not your project will finance any of the following activities (if desired, please contact the Community & Economic Development Department 235-9335 for additional information on this section): _LL Conversion to residential use of a commercial building"Eligible Building"as designated by the Community& Economic Development Department. N Rehabilitation of a building that is either: (a) on the National Register of Historic Places; (b)designated as a local landmark; (c)located in a National Register or local landmark district; (d) eligible for nomination as a National Register or local landmark; or (e) is rated as Outstanding (0113) or Significant (5112 or S111) in the most recent Historic Preservation county- wide survey. N Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department, N Cleaning up a"Brownfield,"which is any site, building,facility orcomplex that has been designated a brownfield by the Community and Economic Development Department. 20. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located.within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (Please attach additional sheet (s) if more space is needed): No (Rev 5 113/11) 4 21. Will your project achieve one or more physical elements identified in a development or revitalization plan that has been approved by the Common Council? If yes, please explain. No 22. Does your business provide significant financial support to a Municipal'Facility (i.e. municipally owned park, recreation center or cultural arts or entertainment facility or other similar public amenity)? If yes, please explain. No 23. Is your company incurring any of the costs of extension or over-sizing of municipal infrastructure serving the project site? This Includes water, sewer, drainage facilities, wastewater treatment facilities, road and street Improvements, street lighting, traffic control and related public improvements (Please attach additional sheet (s) if more space is needed): No 24. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). 25. Information is required on the construction companies that will be utilized for the construction or rehabilitation associated with the project. (Please complete the table on page 9 of this application). 26. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition, (The Property Owner's signature at the end of this application is verification of this statement). 27. The Standard Industrial Classification(SIC)or North American Industry Classification Systems (NAICS)major group within which the proposed project would be classified, by number and description Is., 423130 Tire and Tube Merchant: Wholesalers 28. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description is: 423100 Sales and Services 29. The current use of the Property is vacant rand and the current zoning is IP (This information may be obtained from the Building Department 20 9654). (Rev 5/13/11) 5 30. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property), term and date of approval. (Please attach additional sheet(s)if more space is needed) ABATEMENT TYPE TERM DATE OF APPROVAL Real Property 10yr June 26, 2000 31. Other anticipated public financing for the project including, if any, industrial revenue- bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Administration Sections 503 and 504 financing through the Business Development Corporation of South Bend,Mishawaka,and St.Joseph County, Indiana, Industrial Revolving Fund;or other public financial assistance, including but not limited to public works improvements. Nome 32. The following person(s)should be contacted as Petitioner's primary agent(s)regarding additional information and public hearing notifications and the following individual(s) may participate at the committee and full council meetings of the South Bend Common Council: Name: Thomas F. Veldman Address: 7101 Vorden Parkway City, State, Zip: South Bend . TN 46628 Telephone: (574) 287-2316 E-mail address: tveldman@tirerack.com 33. If this real property tax abatement is for warehouse or industrial developments, pursuant to South Bend Municipal Code Sec. 2-83.2, please indicate the name, address, telephone number and e-mail address of the person who will work with WorkOne Northern Indiana (WNI)or its successor agency for employee recruitment, and sign the required WNI form attached to the petition. Name: N/A Address: City, State, Zip: Telephone: E-mail Address: (Rev 5113/11) 6 WHEREFORE, Petitioner requests that the Common Council of the City of South Send, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration,and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution, Petitioner herein hereby, verifies that the required $254.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): The Tire Rack, Inc By. (Signed Name) Name) Thomas F. Veldman, Chairman (Typed or printed name and capacity of signor if signed by an agent or representative of the owner.) (Rev 5/13/11) 7 t r EXHIBIT A Legal Description Lot 1 B W Business Park Major Sub 02-03 New Repiat 4013-16-01 1 INDIANA EAK-,1'EST ToIx-ROAD --- ._ i Exhibit B AT THIS POINT, FENCE AT THIS POINT, FENCE ENCROACHES 0.15'. CLEARS BY t.03' � a N 8947' 61 .23' it C. 19. 2' .---r,_ __._ •—. �.. ..� _. m.... — �. ..�.,_ � _ ...� � — ..�. .� .—. � ____ PIPE T —50' RIDE UTILITY EASEMENT FOR AMOCO PIPELINE DOC, 09818752 AND DEED RECORD 12, PACE 01 � f IEAST do 1YEST QUARTER LINE SEC, 19, T. 38 N„ R. 2 E, RETENTION 71I7t! I[ AREA I ,ES 256 ASPHALT N H H HH H R S [w 01 $ 0 1 3.0 0 0 n 1 2 SP 044/ 1 , LO f #2 k RETENTION � � •M� 42,99 ACR S f PSI .°3 X All RETENTION ASPHALT 111 i. AREA z W :3 RETENTION ° o AREA PP W/ 1 T 75. PAIN C , w a r ASPHALT 20' SIDE YARD SETBACK UNE N S 89'42 48 w, 550A3 ASPHALT 11 f G AS l o d f b sccTION VITUra P.Pc w IX N an�CPr1CAir 11 n + Liu} yORM" N'Rw,-vA ' v w rn, T s•'STUlo PIPE � p o H Eir BD, lid 4$$28 , al S'sTMO rcP[ _ f-- L^ ��--�• 4U' BLDG. SETBACK LINE a —}--- z0'FUTAE ROT war k t1FlLlTY E1dE#iT R W LINE , ., . 41 9, � ��a sTapu .� R/1Y LINE � � ,F Exhibit D EQUAL EwLoymNT OPPORTuNrry To provide equal employment and advancement opportunities to all individuals at The Tire Rack, employment decisions will be based on merit, qualifications, and abilities. Employment practices will not be influenced or affected by an applicant's or employee's race, color, religion, sex, national origin, age, marital status, sexual orientation, disability, or any other characteristic protected by law, The Tire Rack will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship, This policy governs all aspects of employment including selection, job assignment, compensation, discipline, termination, and access to benefits and training, Any employees with questions or concerns about any type of discrimination in the workplace are encouraged to bring these issues to the attention of their supervisor or human resources, Employees can raise concerns and make reports without fear of reprisal, Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action up to and including termination of employment, �v—stew 2 Exhibit c \ d Exhibit C ! / . �® \ : \\ « rD o0on e N r- 0 owin O @ OQO LO It SON 127Nt- N y OOO '- Nrd r•Mo } N 0 tO N N 000 r 000 W, C14 OOO a} 00 0 20+'3 NOr N r O :T r It Q N N v 4 (D r OO In Ln 0 N o 0000 o t- O 0mC7 N x � Q r- rNu? 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Fl- x w C4 x 4 U Q W •' tb M a c M cc a .- 0 c O D cd r cti M CO > w O \ \° E (D o a o l0 En CL 0 4 r C7 LO C z O Q T7 00 Op+ - (7 N T y x 7.5 r. O F- U W t5 o CL y N CL w- N O C C j Q co !9 v CL E C X x X L L v ojON G) Gl tNn CO ta •� � oa CD 4) L 4 y (Nq Q) 0 U X N v (/� •� N ` Q Q G) O N O U X V 6 N (D z c ¢ s zUCac.� E a) d) Q E y U y y y N N E M U m Q O L C7 °i The Tire Rack, Inc. 4-Apr-12 Public Benefit Points Summary Qualify Earned Available Public Benefit Item: or N Points Points Project Related: 1. A. Redevelop a Site that has Special Needs N 0 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan N 0 36 Sub-total Project Related: 0 120 2. Super Size Projects(point values are cumulative): A. 100%to 199% N 0 25 B. 200%to 299% N 0 68 C. 300%to 399% N 0 65 D. 400%and Over N 0 52 Sub-total Super Size Projects: p 210 3. Construction Related: A. Employ Local Companies Y 20 20 B. Purchase Materials from Local Companies Y 20 20 C. Require Employees vs. Independent Contract( Y 19 19 D. Require Target Wage Levels Y 22 22 E. Require Health Benefits Y 22 22 F. Require Pension Benefits Y 18 18 G. Maintain Affirmative Action Plan Y 20 20 Sub-total Construction Related: 141 141 4. Wape&Benefit Related: A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 . Sub-total Wage&Benefit Related: 124 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing,fobs Y 41 41 C. Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub-total Workforce Related: 8 152 6, P"for Municipal Infrastructure:(point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26-50%of Extension Cost N 0 26 C. Pay for 51-75%of Extension Cost N 0 39 D. Pay for 76-100%of Extension Cost N 0 52 Sub-total Infrastructure Related: q 7. Support a Mun!s al Faeitit : A. Support a Municipal Facility N 0 84 —8_ Total Public Benefit Points: 383 1000 Qualification for each Public Benefit Item based on best available information at time Of application or good faith determination if no information available. The Fire Rack, Inc. Additional Years of Abatement Multi-family Development Projects: From To Additional Years 0 141 0 142 183 1$4 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Development Projects From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 1 3 472 528 4 529 585 5 686 642 6 643 1000 7 Subtotal from Points Summary: 383 Base Years of Abatement 3 Additional Years of Abatement: 2 Total Years of,Abatement: 5 The Tire hack, Inc. Additional Years of Abatement Multi-fangly Development Proj ects: From To Additional Years 0 141 0 142 183 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Develo went Pro'ects: From To Additional Years 0 1 300 0 301 357 1 358 1 414 2 415 471 3 472 528 4 529 585 5 586 642 6 6443 100p 7 Subtotal from Points Summary: 242 Base Years of Abatement 3 Additional Years of Abatement: 0 Total Years of Abatement: 3 4-Apr-12 The Tire Rack, Inc. Public Benefit Points Summary Qualify Earned Available Public Benefit Item: or N Points Points Project Related: 1. A. Redevelop a Site that has Special Needs N 0 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan N 0 36 Sub-total Project Related: 0 120 2. Super Size Projects(point,values are cumulative): A. 100%to 199% N 0 25 B. 200%to 299% N 0 B8 C. 300%to 399% N 0 65 D, 400%and Over N 0 52 Sub-total Super Size Projects: 0 210 3, Construction Related: A. Employ Local Companies N 0 20 B. Purchase Materials from local Companies N 0 20 C. Require Employees vs.Independent Contract( N 0 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits N 0 22 F. Require Pension Benefits N 0 18 G. Maintain Affirmative Action Plan N 0 20 Sub-total Construction Related: 0 141 4. Waoe&Benefit Related: A. Pay Target Wage Levels Y 33 33 B, Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 g Sub-total Wage&Benefit Belated: 124 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub-total Workforce Related: 118 152 6. Pay for Municipal Infrastructure:(point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26.50%of Extension Cost N 0 28 C. Pay for 51-75%of Extension Cost N 0 39 D. Pay for 76-100%of Extension Cost N 0 52 Sub-total Infrastructure Related: 0 131 7. Support a Municipal Facility: A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 242 1000 Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available, RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN AGREEMENT EXTENDING THE ST. JOSEPH COUNTY HOUSING CONSORTIUM AND AUTHORIZING THE EXECUTION THEREOF WHEREAS,On November 28, 1990,the National Affordable Housing Act(NAHA)of 1990, also known as the Cranston-Gonzales Act, became law, to implement its stated goal that every American family be able to afford a decent home; and WHEREAS, NAHA requires any governmental unit to formulate and submit appropriate plans in order to be eligible to receive funds from several existing federal programs, including Community Development Block Grants (CDBG), the HOME Investment Partnership Program (HOME),Emergency Shelter/Solutions Grants(ESG), as well as to be eligible to receive funds from new housing assistance programs created by NAHA; and WHEREAS, NAHA provides for the designation of geographically contiguous units of general local government to participate as consortia in, and thereby be considered a single Unit of general local government, for purposes of HOME; and WHEREAS, I. C. 36-1-7, the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise,jointly or by one entity on behalf of the others,powers that may be exercised by such units severally; and WHEREAS, pursuant to the Interlocal Cooperation Act, the Cities of South Bend and Mishawaka, and the County of St. Joseph, being contiguous units of general local government have formed the St. Joseph Housing Consortium, which, by agreement of the member entities, is to terminate on December 31, 2012; and WHEREAS,the Cities of South Bend,Mishawaka,and St.Joseph County are desirous of re- establishing the Consortium for the purposes of receiving an allocation and participating in the HOME, CDBG,ESG, and all other housing programs administered by HUD for which they may be eligible, and for the purpose of cooperating to undertake or to assist in the undertaking of housing assistance activities for HOME and other HUD programs,including using a January 1 start date for each program year; and WHEREAS, substantially similar resolutions will be approved by the St. Joseph County Council and the Mishawaka Common Council. NOW, THEREFORE, AND PURSUANT TO THE AUTHORITY GRANTED THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA UNDER I.C. 36-1-7, THE INDIANA INTERLOCAL COOPERATION ACT, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section I. THAT The Common Council of the City of South Bend, Indiana has considered and hereby approves the extension of and participation in the St.Joseph County Housing,Consortium for purposes of the formulation, update, submission and implementation of applicable plans and programs and the implementation of the HOME Investment Partnerships Program (HOME), Emergency Solutions Grant(ESG)and other housing assistance programs funded by the Department of Housing and Urban Development (HUD) under the National Affordable Housing Act of 1990 (NAHA). Section II.THAT The Common Council of the City of South Bend,Indiana hereby authorizes the Mayor to enter into an Agreement extending the St.Joseph County Housing Consortium,in form and substance the same as or similar to that of the Agreement attached hereto. Section III.THAT The Common Council of the City of South Bend,Indiana hereby confirms its commitment to the goals and the reality of fair housing within the City of South Bend. Section N. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member, Common Council — City Clerk Signing of thiS 1l€3 Oaaly toy pR PPort€.P�r,Y IrOT PUNIP, IhWAU and Council acuon on PRESENTEE) kj'23-4 L l�� ,.:.=faN OORDE: 6 NGT APPROVEtj ADOPTfA 13 T11 1200CoUNn-CITYBmDrNc .,\ G PHONE5741235-9371 227 W.JEFRssaN BOULEVARD W���rB►IF,�!s FAx 5741235-9021 Sou H BEND,INDIANA 46601-1830 1865 CITY OF SouT1I BEND PETE 17U'I"ITGIEG, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT April 10,2012 Derek Deiter, President South Bend Common Council 400 County City Building South Bend, IN 46601 President Deiter: The attached resolution will authorize the Mayor of South Bend to execute documents to renew the St. Joseph County Housing Consortium under an interlocaI agreement between the Cities of South Bend, Mishawaka, and St.Joseph County, The Consortium was originally established in 1991 and since that time has brought over 13 million dollars of HOME program funding for low-income assistance into our community. The Consortium's current agreement covering the period of 2010-12 is set to expire on December 31,2012. The Department of Housing and Urban Development(HUD)process requires a written notification of intent to participate, and the passage of a resolution authorizing the chief elected officer of the jurisdiction to execute renewal documents. The renewal agreement will cover years 2013-2015. Mayor's Buttigieg's letter noting South Bend's intent to participate is attached. Re-establishing the Consortium will allow continuation of this valuable community resource. I will present this resolution at the April 23,2012 meeting. Please call me at 235-5845 with any questions prior to then. Thank you. Sincerely Filed Pamela C. Me er Director, Community Development p cc: Mayor Buttigieg Mike Schlnuhl K. Roos CommuN[TYDEVELOPMENF EcoNomic DFm.oPMENT PAMELA C. MRYER DomALD E.No 5741235-9660 5741235-9371 FAX: 5741235.W9 r� AN AGREEMENT AMONG THE CITIES OF SOUTH BEND, fMISHAWAKA, AND THE COUNTY OF ST. JOSEPH EXTENDING THE ST. JOSEPH COUNTY HOUSING CONSORTIUM THIS AGREEMENT,entered into this 2012 by and among The City of South Bend, Indiana (South Bend), The City of Mishawaka, Indiana (Mishawaka), and The County of St. Joseph, Indiana (St. Joseph County); WITNESS TO: WHEREAS, on November 28,1990, the National Affordable Housing Act(NAHA) of 1990, also known as the Cranston-Gonzales Act, became law, to implement its stated goal that every American family be able to afford a decent home; and WHEREAS, NAHA requires any governmental unit to formulate and submit applicable plans in order to be eligible to receive funds from several existing federal programs, including Community Development Block Grants (CDBG), Emergency Shelter Grants (ESG), as well as to be eligible to receive funds from several new housing assistance programs created by NAHA, including the HOME Investment Partnerships Program (HOME); and WHEREAS, NAHA provides for the designation of geographically contiguous units of general local government to participate as consortia in, and thereby be considered a single unit of general local government for purpose of, HOME; and WHEREAS, the Cities of South Bend and Mishawaka, and the County of St. Joseph, being contiguous units of general local government, formed a consortium for the purposes of formulating and submitting required plans for the purpose of receiving an allocation and participating in the HOME, CDBG, ESG, and all other housing programs administered by the Department of Housing and Urban Development (HUD) for which they may be eligible, and for the purpose of cooperating to undertake or to assist in the undertaking of housing assistance activities for HOME and other HUD programs, which consortium expires by its terms unless it is extended prior to December 31, 2012, NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, and pursuant to the authority granted the parties under I. C. 36-1-7, the Indiana Interlocal Cooperation Act, the Cities of South Bend and Mishawaka, and the County of St. Joseph AGREE as follows: 1 1. Preamble South Bend, Mishawaka, and St. Joseph County, individually and jointly, confirm their commitment to further the goal of decent, safe, sanitary and affordable housing for every American, as set forth under NAHA, by taking affirmative steps to strengthen partnerships between public and private institutions, and to undertake such activities in conformance with the fair housing policies. 2. Consortium/Membership (a) South Bend, Mishawaka, and St. Joseph County (hereafter collectively referred to as the Consortium) agree to cooperate, as hereinafter set forth, to undertake or to assist in undertaking housing assistance activities for HOME. (b) South Bend, Mishawaka, and St. Joseph County hereby designate South Bend, and authorize it to act in a representative capacity, as lead entity for the Consortium, for purposes of HOME, and to exercise through its Department of Community and Economic Development, subject to the direction of the St. Joseph County Housing Consortium Board (Board), such authority and power as may be necessary to accomplish and effectuate the purposes herein set forth. (c) During the term of this agreement, any other unit of general local government contiguous to South Bend, Mishawaka, and/or St. Joseph County, may petition the Housing Consortium Board to join, and thereby expand the Consortium. Such petition shall be signed by the Chief Elected Official of the petitioning governmental unit and shall demonstrate the interest, desire, and commitment of that governmental unit to participate in and further, affirmatively, the purposes of the Consortium. The Board shall consider and vote on such petition at a regular or special Board meeting. Upon the unanimous vote of the current Consortium membership approving such petition, the Board shall direct the petitioning governmental unit to seek the adoption of a resolution by its governing body, resolving to join the Consortium and authorizing the Chief Elected Official of the petitioning governmental unit to execute and join in this Agreement. (d) The membership of the Consortium shall be expanded automatically, from time to time, by the addition of additional contiguous units of general local government, as they are accepted for membership upon petition and resolution as provided herein: provided, however, that the expansion of Consortium membership shall have no effect upon the designation of South Bend herein as representative member of the Consortium, nor shall such expansion have any effect upon the composition, number, operations and authority of the Board, as set forth herein. 2 I Obli ations of Lead Entit South Bend, as representative member of the parties to this Agreement, and acting through its Department of Community and Economic Development, shalt: (a)Assume overall responsibility for ensuring that the Consortium's HOME Program is carried out in compliance with the requirements of the HOME Program. (b)Assume overall responsibility for the formulation and update of any required plans, including, but not limited to, overall responsibility for formulating and updating a community profile (including a needs assessment and assessment of the'Consortium's housing market and inventory) and the formulating and updating of a five (5) year strategy (including a plan that identifies geographic and program priorities) and addresses the issue of homelessness and other fair housing issues. (c)Assume overall responsibility for submitting required plans and updates in a timely manner as required by NAHA. (d)Assume overall responsibility for implementing required plans within the Consortium (e) Assume overall responsibility for administering all housing assistance activities funded through HOME and other NAHA programs, within the Consortium. 4. Term (a) This agreement shall terminate at the later of the following dates: December Vtl 2015, or the date on which all activities funded under NAHA during federal fiscal years 2013, 2014, and 2015 have been carried out. (b) Prior to the termination of this agreement the Consortium may elect to extend the term of this agreement, by the adoption of substantially similar resolutions of each of the governing bodies of each Consortium member, approving the extension of the Consortium and the amendment of this agreement, and authorizing the chief elected official of each member to execute the amendments to this agreement. (c) During the duration of this agreement, no Consortium member may take any action to terminate the Consortium, this Agreement, or the membership of that or another member in the Consortium. 3 5. Amendment Changes and amendments to this Agreement shall be made only upon the affirmative vote of two-thirds of the Consortium membership voting upon a motion to change or amend at a meeting of the Board. B. Board (a) South Bend shall undertake its responsibilities as lead entity for the Consortium under the direction of a Board which shall be known as the St. Joseph County Housing Consortium Board (Board), (b) The Board shall be composed of the following membership: (1) The Mayor of South Bend or designee; (2) A member appointed by the Mayor of South Bend; (3) The Mayor of Mishawaka, or designee; (4) A member appointed by the Mayor of Mishawaka; (5) President of the Board of County Commissioners of St. Joseph County, or designee; (6) A member appointed by the President of the Board of County Commissioners of St. Joseph County. Each chief elected official member of the Consortium who elects to be represented by a designated alternate, shall, upon designating that alternate, so advise the other Consortium members. (c) The Board shall meet from time to time, as necessary to carry out its responsibilities and purposes hereunder, and shall publish notice of its meetings and conduct its meetings in accordance with the provisions of I.C. 5-14-1.5. (d) A simple majority of the Board membership shall constitute a quorum at any meeting of the Board. The act of the majority of the members present and voting at a meeting at which a quorum is present shall be the act of the Board. (e) The Board shall hold and exercise all authority with respect to the activities of the Consortium 's lead agency hereunder, and neither Mishawaka, South Bend, nor the County may veto or otherwise restrict or obstruct the Board in its implementation of any required plans, 4 Community Development of the South Bend Department of Community and Economic Development, with the Controller of South Bend responsible for the receipt, disbursement, and accounting of all Consortium funds. For purposes of public disclosure on the issuance of checks, the Consortium will disclose disbursements through the South Bend Board of Public Works. 8. Funding of Lead Entity.for Service Rendered Hereunder (a) The activities undertaken by South Bend, with respect to the formulation, update, and submission of any required plans, as provided hereunder, shall be funded by each Consortium member by the provision of in-kind services rendered by each in the accumulation and compilation of data, the conduct of surveys, inventories, and assessments, and other such activities necessary to the formulation, and update of required plans. South Bend, through its Department of Community and Economic Development, shall be responsible for the final formulation, update and submission of required plans on behalf of the Consortium. (b) The activities undertaken by South Bend, with respect to the implementation of programs within the Consortium, as provided herein, shall be funded by each Consortium member. South Bend, as representative member of the Consortium, through its Department of Community and Economic Development, will provide, directly to the Consortium, services to administer and implement required plans HOME and other NAHA programs within the Consortium. Other members of the Consortium will compensate South Bend for the provision of such services based on the nature, subject, and extent of such services. The Division of Community Development shall assess such services provided to all Consortium members and shall allocate and bill costs accordingly, WHEREAS, the St. Joseph County Council and the Common Councils of the Cities of South Bend and Mishawaka having previously adopted resolutions resolving to approve this Agreement, and authorizing the execution of this Agreement by the chief elected official of the respective local unit of general government; and WHEREAS, it is desirable and advantageous, and in the public interest to enter into an Agreement for joint and cooperative action, as embodied in this Agreement. NOW, THEREFORE, the elected officials of each of the aforesaid local units of general government approve this Agreement, and as authorized representatives of their unit of government pledges cooperation and enter into such Agreement as previously authorized and directed. The said elected officials, in witness whereof, cause this Agreement to be executed and herein affix their signatures this 2012. 6 FOR ST, JOSEPH COUNTY. Andrew Kostielney President, Board of County Commissioners for the County of St. Joseph FOR THE CITY OF MISHAWAKA Uavid A. Wood Mayor, City of Mishawaka FOR THE CITY OF SOUTH BEND Pete Buttigieg Mayor, City of South Bend I2 RESOLUTION NO. DECLARATORY RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, AUTHORIZING A PROPERTY TAX EXEMPTION FOR CERTAIN ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA,CODE 6-1.1-10-44 (DATA REALTY NORTHERN INDIANA,LLC PROTECT LOCATED AT 1440 IGNITION DRIVE SOUTH IN THE SIXTH COUNCIL DISTRICT) WHEREAS, Indiana Code 6-1.1-10-44 (the "Act") authorizes the Common Council (the "Common Council") of the City of South Bend, Indiana (the "City") to make a determination that certain qualified personal property owned by a eligible business is exempt from property taxation to the extent such property is located in the City; and WHEREAS, Data Realty Northern Indiana, LLC (the "Company"), has announced its plans to locate a computing, networking, and data storage facility (the "Project") at 1440 Ignition Drive South in the City(the "Site"); WHEREAS, the jobs to be created by the Project will have an average employee wage of$28.36 per hour and the Project will result in a capital investment of$14.2 million in real and personal property improvements; and WHEREAS, the Company has presented to this Common Council a Letter Agreement, a form of which is attached hereto as Exhibit A and the terms of which are incorporated herein (the "Agreement"), in which Agreement the Company describes the Project, and pursuant to which the Company requests that this Common Council determine that (i) the Company is an"Eligible Business"as defined herein and in the Act; and(ii) certain of the personal property to be owned by the Company and located at the Site listed at Exhibit A to the Agreement and including any equipment which may replace such equipment (the "Computer Equipment") is "Qualified Property" as defined herein and in the Act and therefore qualifies for the property tax exemption provided by the Act; and WHEREAS, as used herein and as defined in the Act, "Qualified Property" means certain enterprise information technology equipment acquired after June 30, 2009, which would include any of the personal property listed below, but would not include computer hardware designed for a single user, workstation, or departmental level use: (a) Hardware supporting computing, networking, or data storage function, including servers and routers; (b) Networking systems having an industry designation as equipment within the "enterprise" or "data center" class of networking systems that support the computing, networking, or data storage functions; or BDDB01 65465180 (c) Generators and other equipment used to ensure an uninterrupted power supply to the equipment described in subparagraph (a) or(b) above; and WHEREAS, "Eligible Business" as used herein and defined in the Act means an entity that meets each of the following requirements: (a) The entity is engaged in a business that operates one or more facilities dedicated to computing, networking or data storage activities; (b) The entity is located in a facility or data center in Indiana; (c) The entity invests in the aggregate at least $10,000,000 in real and personal property in Indiana after June 30, 2009; and (d) The average employee wage of the entity is at least 125% of the county average wage for each county in which the entity conducts its business operations; and WHEREAS, the Company has certified in the Agreement that (i) it qualifies as an Eligible Business and (ii) the Computer Equipment constitutes Qualified Property; and WHEREAS, the Project and the real and personal property improvements to be made by the Company at the Site by the Company will benefit the welfare of all citizens and taxpayers of the City; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby makes the following findings based upon the information provided by the Company in the Agreement: A. The Company constitutes an Eligible Business; and B. The Computer Equipment constitutes Qualified Property. SECTION 11. Subject to the completion of the procedures required by the Act and described below, the Common Council provisionally declares the Computer Equipment to be exempt from property taxation, which exemption will continue for an unlimited period of time, provided that the Company continues to qualify as an Eligible Business and the Computer Equipment continues to qualify as "Qualified Property" under the Act. SECTION III. The Common Council hereby authorizes a notice of the adoption and the substance of this Declaratory Resolution to be published in accordance with Subsection(g) of the Act and the Clerk is hereby authorized to cause to be filed a copy of the notice and this resolution with each taxing unit located in the County. Additionally, a copy of this Declaratory Resolution shall be filed with the St. Joseph County Assessor's office. The notice shall specify a date when the Common Council will receive and hear all remonstrances and objections from interested persons. Following such hearing, the Common Council will consider the adoption of a snnnor 6546518A - 2 - confirming resolution to modify, confirm or rescind this Declaratory Resolution and authorize the execution of the Agreement by the Mayor and the Clerk, for an on behalf of the City, granting the property tax exemption authorized under the Act for the Qualified Property. 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. Member of the Common Council an Faded 1n Cler .'S Cuff!-Cs PRESENTED ] 140T APPROVEd � - . (�pC}4TEi] .1 9 th�°�✓L CITY CLERK,sOl�T'�o s:��1E�,1N BDDB6J 65465180 - 3 - 1200 CouNTY CrrY BUILDING ,� i v 1 i� PrIONE574/235-9371 227WJFMF,R50N BOULEVARD w FAx 574/235-9021 SOUTH BEND,INDIANA 46601-1830 1865 CITY OF SOUTH BEND PETE BUTTIGJEG,MAYOR COMMUNITY & EcONOMIC DEVELOPMENT April 16, 2012 Derek Dieter, President South Bend Common Council 435 County-City Building South Bend, Indiana 46601 RE:DECLARATORY RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AUTHORIZING A PROPERTY TAX EXEMPTION FOR QUALIFIED ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE 6-I.I.-10-44 (DATA REALTY NORTHERN INDIANA, LLC PROJECT LOCATED AT 1440 IGNITION DRIVE SOUTH IN THE SIXTH COUNCIL DISTRICT) Dear President Dieter; Attached for filing please find the above-referenced Declaratory Resolution to be considered by the Common Council at its April 23, 2012 meeting, Approval of this Resolution would be the first step in providing property tax exemption for qualifying enterprise information technology equipment to Data Realty Northern Indiana, LLC. Attached as an Exhibit to the Resolution is a Letter Agreement wherein Data Realty states their project meets the requirements of State law in order to receive this exemption. Specifically, the project investment will be about $14.2 million, exceeding the required $10.0 million. $6.0 million of the investment is expected to be in equipment qualifying for the exemption. Additionally, the jobs to be created will have an average wage of$28.36/hour, exceeding the requirement that they be greater than 125% of the county average. The county average is about $18.50 /hour and 125% would be $23.13/hour. The Resolution and Letter Agreement are both in the form prescribed by Resolution 4089-11 approved by the South Bend Common Council March 14, 2011. Don Inks will be presenting the Resolution. Your favorable consideration is requested. Please do not hesitate to contact me if you need additional information. FileCt rO C Office Sin erely, 6 APP i . nald E. nkst irector, Economic Development C17Y LEPK��01q, C U7W dow.1 Commu VITY DF,vELoPMPNT EcoNowc DF.vPL+DPIv nn PA&MLn C. M)MR Dwnf.n H.Jxx., 574/235-9664 5741235-9371 Fax: 5741235-9469 OV_ LETTER AGREEMENT REGARDING ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT TAX EXEMPTION April 16, 2012 The Common Council City of South Bend,Indiana 227 West Jefferson Blvd. • Suite 400 S South Bend,Indiana 46601 Dear Honorable Council Members: Data Realty Northern Indiana, LLC (the "Company") requests that the Common Council (the "Cornrnon Council") of the City of South Bend, Indiana (the "City"), take such action as is necessary and required pursuant to Indiana Code § 6-1.1-10-44 (the "Act") in order to determine that certain enterprise information technology equipment of the Company is exempt from property taxation pursuant to the Act. The Company proposes to locate a project at 1440 Ignition Drive South (the "Site") which is Iocated within the boundaries of the City (the "Project") which Project will result in a capital investment in real and personal property at the Site of$14.2 million. $6.0 million of the personal property improvements will be attributable to the installation at the Site of enterprise information technology equipment which will include but be not limited to the equipment listed at Exhibit A attached hereto and incorporated herein and also any enterprise information technology equipment which may in the future replace the equipment listed at Exhibit A. Additionally, the jobs created by the Project will result in an average employee wage of$28.36 per hour, which exceeds 125%of the county average wage for St. Joseph County, Indiana. On behalf of the Company, the undersigned hereby certifies that Company constitutes an "Eligible Business" as such term is defined in the Act because the Company meets each of the following requirements: (a) The Company is engaged in a business that, upon completion of the Project, will operate one or more facilities dedicated to computing,networking, or data storage activities; (b) The Company is located in a facility or data center in Indiana; (c) The Company will have invested upon completion of the Project in the aggregate at least $10,000,000 in real and personal property which investment will have occurred after ,Tune 30,2009; and (d) The average employee wage of the Company at the Site is at least 125% of the county average wage for St. Joseph County, Indiana. BDDBOI 65468270 The undersigned, for and on behalf of the Company, further hereby certifies that the enterprise information technology equipment listed at Exhibit A attached hereto and incorporated herein is Qualified Property because it has been or will be purchased after June 30, 2409, and it constitutes: (1) Hardware supporting computing, networking, or data storage function, including servers and routers; (2) Networking systems having industry designation as equipment within the "enterprise" or "data center" class of networking systems that support the computing,networking, or data storage functions;or (3) Generators and other equipment used to insure an uninterrupted power supply to equipment described subparagraph(1)or(2)above. The undersigned further certifies for and on behalf of the Company that none of the Qualified Property constitutes computer hardware designed for single user, workstation or departmental level use. The Company requests that all enterprise information technology equipment which would constitute Qualified Property as defined herein and in the Act be deemed exempt from property taxation as provided by the Act. The Company acknowledges and agrees that, to the extent that it no longer qualifies as an Eligible Business as defined herein and under the Act or to the extent that the enterprise information technology equipment for which the Company desires the tax exemption no longer qualifies as "Qualified Property" as defined herein or in the Act, said enterprise information technology equipment will no longer be subject to the tax exemption. z ompany") By: 41;)- Printed Name: /`p /CA161/C al Its: _2_ BDDBO7 65468270 CITY ACKNOWLEDGEMENT: The undersigned, acting for and on behalf of the City, enters into and acknowledges the terms of the foregoing Letter Agreement, The Common Council,having adopted a declaratory resolution (Resolution No. , adopted on __- . _ 20___), provided notice as required by the Act, and adopted a confirming resolution (Resolution No. , adopted on 20_)determining to grant the tax exemption provided by the Act, has completed the actions necessary under the Act by the City to grant a property tax exemption for the Qualified property of the Company for an unlimited term so long as the Company meets the requirements of this Agreement and the Act. CITY OF SOUTH BEND, INDIANA 20 Mayor ATTEST: City Clerk -3- BDDB41 65468270 EXMI'f',A. usHfied Pro mm Listin Data Realty Northern Indiana(DRNI)will locate a Project that will result in a capital investment in real and personal property of $14,200,000 at 1440 Ignition Drive South at Ignition Park. DRNI will be purchasing Qualified Property pursuant to Indiana Code 6-1.1-10-44 in an amount expected to equal$6,000,000. That property will include generators and other equipment used to ensure an uninterrupted power supply to both enterprise hardware and networking equipment located in the Data Center. An outline of the equipment is included below. 7- k�k ally u' merf E u °`rueat 1,500,000 Equipment 1,300,000 $6,000,000 Currently, the enterprise equipment is still being bid and so a more detailed list is not available at this time. Data Realty Northern Indiana is in the process of conducting a thorough analysis of all enterprise equipment being installed at the Data Center, including a cost segregation analysis, and it will provide a revised schedule with line item detail to the Council once that analysis is complete and prior to the Council's consideration of the Confirmatory Resolution giving final approval for this exemption. File . CITYCITY AQ 1 0 BDDB01 65468270 """"' " '°" — e_�. - Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING SECTION 20-20 OF ARTICLE 1, CHAPTER 20 VEHICLES AND TRAFFIC OF THE SOUTHBEND MUNICIPAL CODE ADDRESSING SAFETY REGULATIONS WHEN PASSING BICYCLES STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that the City of South Bend is dedicated to seeing that individuals have the opportunity to enjoy bicycle riding throughout the city in as safe a manner as possible. This requires both the motor vehicle operators, as well as bicyclists, to abide by the rules of the road. The Common Council further recognizes that there are many Indiana state laws codified into Title 9 of the Indiana Code, as well as regulations codified into the Manual on Uniform Traffic Control Devices (MUTCD) which govern bicycle traffic. The City of South Bend would like to implement additional safety regulations which would require a minimum of three feet(Y) minimum distance from a bicyclist when passing such bicyclist by an operator of a motor vehicle. It is believed that sharing the road with bicyclists and motorists in South Bend may be enhanced by this regulation. Section 1. Chapter 20, Article 1, Section 20-20 of the South Bend Municipal Code is amended to read in its entirety as follows: See. "1[!..20 Reserved. See. 20-20 ]Minimum Passing Distance When Overtaking a Bicyclist. (a) Definitions: Terms used in this sections shall have the following meanings: (1) "Bicyclist" shall mean a person using a bicycle as defined in Section 20-2 (a) (4) of this Cade. (2) "Driver"shall have the meaning set forth in Section 20-2 (a) 10) of this Code. (3) "Motor vehicle" shall have the meaning set forth in Section 20-2 (a) (16) of this Code. (4) "Operator"shall have the meaning set forth in Section 20-2 (a) (22) of this Code. (5) "Roadways" shall have the meaning set forth in Section 20-2 (a) (37) of this Code. Ordinance Addressing Overtaking or Passing a Bicyclist Page 2 (b) Overtaking or Passing a Bicyclist: The driver or operator of any motor vehicle driving on the roadways of South Bend may overtake or pass a bicyclist when there is a safe distance of not less than three feet(3')between the motor vehicle and the bicycle. (c) Compliance with Applicable Regulations in this Chapter: All drivers, operators, and bicyclists are required to comply with the applicable regulations set forth in this Chapter. (d) Violations: Any one violating this Section shall be issued notice as further addressed in Section 20-17 of this Code. The minimum fine for violating the regulations addressing overtaking or passing a bicyclist as further addressed in Section 20-20-(a) (b) shall be fifteen dollars ($ 1 5.00) which shall be paid through the Office of the Ordinance Violations Bureau. Section II. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Council Member Gavin ferlic Council Member at Large Member-of-the,.Co. on Council Council Member Tim Scott I"District Council Member Member of the Common Council Council President Derek D. Dieter Council Member at Large Member of the Common Council Council Member Valerie Schey 3ra District Council Member Member of the Common Council ordinance Addressing overtaking or Passing a Bicyclist Page 3 John Voorde, City Clerk A��W by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2012, at o'clock . m. Janice Talboom, Deputy Clerk fa! aaa!�ca!by me on the day of , 2012, at o'clock .m. Pete Buttigieg Mayor of the City of South Bend, Indiana Fk . Office NE (- 3 rd PrOT APPk0 `rJ PASSED ° 5pU T1I 8 , o City of South Bend Common Council � x 1565 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1834 Pax (574) 235-9173 http://www.southbendin.gov Derek D. Dieter President Oliver J. Davis April 18, 2012 Vice-President Members of the Common Council Karen L. White 4'h Floor County-City Building Chairperson, Committee South Bend, Indiana 46601 of the Whole Tim Scott Re: Bicycle Safety Ordinance First District Dear Council Members: Henry Davis, Jr. Second District We are introducing the attached ordinance in the hope of making the City of South Bend a safer"bicycle friendly community". The proposed ordinance: Valerie Schey Third District . Would utilize terms currently defined in the South Bend Municipal Code Fred Ferlic . Would require the driver or operator of any motor vehicle driving on the Fourth District roadways of South Bend to overtake or pass a bicyclist when there is a safe David Varner distance of not less than three feet (3') between the motor vehicle and the bicycle Fifth District • Would require all operators & drivers of motor vehicles and bicyclists to abide Oliver J. Davis by the applicable regulations set forth in Chapter 20 of the South Bend Municipal Sixth District Code addressing "Vehicles and Traffic" Derek D. Dieter o Would establish a fine of$15.00 for an operator or driver of a motor vehicle who At Large fails to overtake or pass a bicyclist with less than the 3' distance, with such fine Gavin Ferlic being payable through the Ordinance Violations Bureau (OVB). At Large The Bicycle Friendly Community Program (BFC) provides incentives, hands-on Karen L. Wbite assistance, and award recognition for cities and towns which actively support At Large bicycling. BFC states that "A Bicycle Friendly Community welcomes cyclists by providing safe accommodation for cycling and encouraging people to bike for transportation and recreation". I am attaching a brochure which provides further information. The City of South Bend was named as a `Bicycle Friendly Community" in September of 2010 by the League of American Bicyclists. South Bend has developed a long-term plan for a 93-mile South Bend Network. As of this year, approximately 59.9 miles of bicycle routes have been established in South Bend Bicycle Safety Ordinance Cover Letter April 16,2012 Page 2 which consist of 13.8 miles of"multi-purpose paths separated from streets"; 16.4 miles of striped bike lanes; and 29.7 miles of"other designated on-street routes". We are also attaching brochures used in the City of Indianapolis, which have a similar ordinance regulation as the one we are proposing. One brochure is entitled "Share the Road" and sets forth safety tips for bicyclists & motorists, as well as a summary of ordinances & rules. Another brochure is entitled "Indy Bikeways" which provide tips on "sharing the road". The last Indianapolis brochure attached is a Q & A on various bicycle markings and safety tips. I have also provided a copy of a 2-page brochure sponsored by the Indiana State Police entitled "Bicycle Safety". We would anticipate that a similar educational campaign would take place in South Bend. We believe that there must be a greater awareness of safety tips through PSAs and brochures posted on the City's website for both bicyclists and motorists. As more people of all ages are biking, making our city a "bicycle friendly community" should continue to be a top priority. We look forward to talking about this topic with you further. Sincerely, Gavin Ferlic Council Member at Large Council Member Tim Scott 1St District Council Member Council President Derek D. Dieter Council Member at Large Council Member Valerie Schey 3rd District Council Member Fled Attachments F�11 Cl in p a '- i . C � 5'1 F.vq . .. . E..: :.:..:: .:...::0 UAW: :: .... ... . .... . ... ... . c - ? '1 Y LN"4ji d V b 1: ..U.;:�:!j�""�:� ::::.���E . .. . . . �: :: .. . L - ..: 9 .. .. .. d 5 §§..: ® ® �' .. (A .� -,: ':. M� R 3l _...:. a '" w a, M 4 o 0. ��' N _-p u� +. 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LA- W • e e • • . f • e r e • r a u - • c - 't fp w N ^3 � O f0.' � 4. CSCrla� s2.'• i ca 4.0 fj •rr•d t 'C3 u o +� m 0 Cc np ro act u .� U M ca ca Q)C u m u ,tn •°° C s�.. • • 7 a y v 3 C Cc cu m o Y .•.•• _ _ p n " m t7 :m" C (U C A > w 'O ca F— r r r• r r it w Ma #+ o _ r 46 411 U � � ■+r�rrr v �, 3 a�i h � � � R. � ar WI a LL ,� gym! > b C N N O a N l7 ci Z_ v � O p y , Add •R h y ® ^ N tl n5 cc3 cq • .75 N V ac !►�� 0 2c O O N O ti. .r.. p c0 k y A t h CO j = N w0 rt ai O N LIU w Ll Lai O F O Y �O O m > v 6/� ® z Y u + + 3 a u + + 191111911111b"k Indianapolis Gregory A Ballard,Mayor SUSTAINI DY 606- 1 Department of Public Works I.N .D T . Numb. =jw MAW SLAW r: lllll� A , For the health of our citizens,to improve our environment and to save transportation costs, Indianapolis is encouraging more people to get o of their cars and start riding their bikes.To furthe that effort,Indianapolis continues to extend bike lanes and trails in more areas of the city each yea In a community that is safe,convenient and pleasa for bicycling,more people choose to bicycle for recreation and transportation.This helps improve fitness,health and air quality and creates a greater sense of community. GREEN LANES Named for the green paint used to mark t verherit, the"green lane"identifies potential con reap lie tween bicycles and cars. + Motorists should cross bike lanes on here the pavement markings are dashed. + Bicyclists should use extra caution whe eliia}q` both along or across green lanes. u DY T wWVKln bikeways AA,d w s W r.i.r.. him SHARROWS WHAT ARE SHARROWS? 5harrow markings are pavement markings of a bike with two arrows above it and are intended to help bicyclists position themselves away from parked cars,to avoid being struck by suddenly opened car doors and to alert other road users to expect bicyclists to occupy travel lanes.These markings will also be used in situations where it may not be obvious where bicyclists should be riding;such as at inte multiple turn lanes. ON SOME SIRE INffi#FILL TAKE THE EN HEY-SUPPOSE GOT? o:stay xcept or ve ale en nec con I it fe to o e right,includin g ace hazards or substandard wi for a bicycle and vehicle to travel side b WHY DO I NEED TO LOOK BEHIND HE BEFORE OPENING MY CAR DOOR WHEN PARKED NEA a : Bicyclists,like " rs,nee ons tly scan the entire roadway afety.Che ery car for a driver is difficult whi" a road Also,it is often impossi arge parked vehicles bloc view of o d vehicles,tinted wind tc.Mot s -eir sid k bac or to oor. It ib' ' ould I IS[ R AIR TO AT T AY 1. R; BICYCLES 01 8. E? list on r is t cce XP 'biting on riding a bicyc on a roa the r'i nd duties that are "cable P s a vehicle. 1F I INGS IN A LANE,IS THE LAN ? This is used for travel lanes that red by bicyclists and motorists.Shared lanes are different than bike lanes which are set aside for bicyclists and are marked by a solid white line. ARE THESE MARKINGS GOING TO BE ON EVERY STREET THAT DOES NOT HAVE A BIKE LANE? These markings are used primarily on streets designated as part of the Indianapolis'bikeways networks.Additional sharrows may be considered on a case by case basis. Learn more about the Indianapolis Bikeways Plan at www.indy.gov/bikewrays. r Indianapolis Gregory A.Ballard,Mayor 10-28-2011 "'FINDY SUSITAIDN Department of Public Works IF I SEE THESE MARKINGS IN A LANE, IS THE WHY ARE THE SHARRO `S ON SHELBY STREET LANE ONLY FOR BIKES? IN THE LEFT LANE, INSTEAD OF THE RIGHT? No.This marking is used for travel lanes that are shared The original plan called for traditional bike lanes all by bicyclists and motorists. Shared lanes are different the way down Shelby Street along the curb. During than bike lanes which are set aside for bicyclists and a public meeting before the project, neighbors and are marked by a solid white line. business owners between Raymond Street and Troy Avenue expressed concern with eliminating the parking that would have been necessary to IF I DON'T SEE THESE MARKINGS, IS IT FAIR TO accommodate the bike lanes. As a compromise, the ASSUME THAT THE ROADWAY ISN'T A SHARED the fourlla es of traffic (t osin in that area and to keep each direction), which LANE AND BICYCLISTS SHOULD NOT BE THERE? allows parking at specified times of the day. The City marked the middle most travel lane with sharrows to No. Bicyclists can ride on any street in Indianapolis accommodate the parking lane during part of the day. except for limited access freeways with signs explicitly This does not mean that the bicyclist has to use this prohibiting it.A person riding a bicycle upon a roadway middle lane when there are not any cars parked in the has all the rights and duties that are applicable to a curbside lane. person who drives a vehicle. ARE THESE MARKINGS GOING TO DE ON EVERY 0 STREET THAT DOES NOT HAVE A DIKE LANE? No. These markings are used primarily on streets designated as part of the Indianapolis' bikeways networks. Additional sharrows may be considered on a case by case basis. I NEVER USED TO SEE THESE MARKINGS. WHY ARE THEY BEING USED NOW? Prior to 2005, there was no official marking to use on streets with shared lanes. Now we have a marking for areas on the road where traditional bike lanes are not applicable,or possible, due to roadway restrictions. Mayor Ballard launched Sustalnlndy and created the Office of Sustainabilfty in October 2008.Sustainlndy is a bold and innovative enterprise aimed at delivering tong-term cost savings to the City, building the local economy, Improving our quality of life and enhancing our environmental and public health_ Its efforts are designed to aggressively move Indianapolis forward in making it one of the most sustainable cities in the Midwest. www.sustainindy.org IndlanaPOHS Gregory A.Ballard,Mayor 3o-z6zoii Z413,U S TLzIrl I Department of Public Works SHARED ROADWAY MARKINGS FREQUENTLY ASKED QUESTIONS For the health of our citizens, to improve our ON SOME STREETS,BICYCLISTS RIDING OVER THIS environment and to save transportation costs,the City of Indianapolis is encouraging more people to get out MARRING ILLp�TAKE THE ENTIRE LANE. AREN'T of their cars and start riding their bikes. To further THEY SUPPOSED TO MOVE TO THE RIGHT? that effort,Indianapolis continues to extend bike lanes Ph and trails in more areas of the city each year. Not always.Bicyclists are to stay to the right except to In a community that is safe, convenient and pleasant pass other bicyclists or vehicles, to prepare to make for bicycling, more people' choose to bicycle for a left turn or when necessary to avoid conditions recreation and transportation. This helps improve that make it unsafe to continue along the right, fitness, health and air quality and creates a greater including fixed or moving objects, surface hazards or sense of community. substandard width lanes too narrow for a bicycle and vehicle to travel side by side.Moving to the left in the lane to avoid car doors, for instance, even if it means WHAT DO THE MARKINGS OF A BIKE WITH TWO taking the entire lane,is permitted. ARROWS ABOVE IT ON THE STREETS MEAN? ., ,. WHY DO I NEED TO LOOK BEHIND ME BEFORE These are Shared Roadway, or "Sharrow," bicycle markings, which are intended to help bicyclists OPENING MY EAR DOOR WHEN PARKED HEAR position themselves away from parked cars, to A BIKE LANE? CAN'T THE BICYCLISTS LOOK avoid being struck by suddenly opened car doors �g �r $ �} and to alert other road users to expect bicyclists INTO PARKED EARS AS THEY RIDE TO SEE IF to occupy travel lanes. These markings will also be SOMEONE IS ABOUT O OPEN THE DOOR? used in situations where it may not be obvious where bicyclists should be riding, such as at intersections Bicyclists, like all road users, need to constantly scan with multiple turn lanes. the entire roadway for safety. Checking every car for a driver is difficult to do while paying attention to the road. Also, it is often impossible to see drivers due to large parked vehicles blocking the view of other parked pY vehicles, tinted windows, headrests, etc. Motorists wwwln�:� E;keways should check their side view mirror or look back prior '' to opening their door. It is the driver's responsibility Yt wh should any collision occur. Continued on next page. Mayor Ballard launched Sustainindy and created the Office of Sustainability in October 2008.Sustainlnd y is a bold and Innovative enterprise aimed at delivering long-term cost savings to the City, building the local economy, improving our quality of life and enhancing our environmental and public health. its efforts are designed to aggressively move Indianapolis forward in making it one of the most sustainable cities in the Midwest. www.sustainindy.org �i ui >w [Ono LAW as u 7s a)Ul U j O 4-3 6� 4-1 O U N c X- ! u cB +' o�" N o D m cY u� W Ln 0 3 as 4-1 o a5 °� a) z� o ci �LJ O el U 6) O O _� O M U O z S 4 In tS7 U O s� yuj +�� 4-1 L U .W 75 40 75 ci- x�V 03 qs 4-1 0 L 7� lS7 C� Q6 d O O _� tg O tSS t6 d1 O i CJ C] L b U p v N O '� 43 L t In I U N p Q Qom] O * O 4a N CO b 7i LO �i J fl -m 43 L S 4J S �4] v Q L z Z: 4A s 7� Q S m v O v 4 4.1 +1 4] -° s_ C 67 u its O zi U 75 4A Q 4] 6 L 41 U CC5 Q Sa„ S i S ) v U L O a-' 3 O ` d1 a7 a-' 4' CO? li3 IS) T s 4-1 a� �- �S u s i -� Q g' 3 ai i' C�6 `—� s i 4-1 4-1 7i Lt7 ��` CO9 SSj Sh 4-, ? o -a s o apt a s ca °, •m L LU d 3 Z 5 � p 41 L U 75 $ O 1 a a] 6] Z3 0] Q] OL Cl Qj Sa Z ° �- }1 6] RS M L S 73 < O L tS1 0 � Z: O •L 6J " p U 4) N O Q] O p N Di ie q) O c6 v fi Q s O Or -� 1 _� 7' �' q) Y k? ay —I Q +1 [6 O Z T� i j U tSl 6 L" 4A � U 1 Q u °J T 43 to U Z3 u T L L r ...J... v��J In •II �t- S tS) 4- Q U � � � � •F-> tiJ � 5 � ...0 � U C6 to �4A 0 kD 4-)l s v 3 -k � � a 41 4,1 4A 41 4A L - V] C7 7a _U In 0.7 Q5 43 TI a] O M C) Z s s Q rte¢ v >, mks) 3 4-1 +' — L -C p L lz O U 4A Z:3 U Sa L U L U U p In • U 40] zt V • • • Bill No, Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 3, SECTION 2-12.3 OF THE SOUTIIBENDMUNICIP,IL CODE ADDRESSING PROCEDURE FOR ADDRESSING CITIZEN APPOINTMENTS STATEMENT OF PURPOSE AND INTENT In 1990, the South Bend Common Council passed Ordinance No. 8102-90 which established procedures for appointing residents of the City of South Bend to various boards and commissions. The overall process has worked very effectively, however, in light of technological advancements made since then and the growing need for enhanced technology, improvements are believed to be necessary. The proposed amendments would require quarterly updates to be sent by all appointees of the Council via email to the Office of the City Clerk, with in-person updates continuing to be required upon request of the Council. These amendments are believed to be in the best interests of the city by improving communication and transparency. Section I. Chapter 2, Article 3, Section 2-12.3 of the South Bend Municipal Code is amended to read in its entirety as follows: Sec. 2-12.3 Procedure for Addressing Citizen Appointments. (a) All Council appointments of citizen members by the Council to various boards and commissions of the City shall be consistent with the procedures set forth in this section. (b) It shall be the duty of the City Clerk's Office to notify the Council President in writing of all Council citizen appointments which are to expire at least sixty (60) days prior to the date of expiration. (c) After notice is received from the Clerk's Office of upcoming citizen appointment(s), it shall be the duty of the Council President to announce at the next regular meeting of the Common Council under Special Business, the name of the committee, commission, board or other agency of the City to which the Council will be making a citizen appointment, the deadline in which to file an application form, and that such forms are available through the City Clerk's Office. (d) Application forms shall be made available through the City Clerk's Office for all persons interested in consideration for a Council appointment as a citizen member. Such forms shall include but not be limited to verification of the following information: Ordinance on Procedure Addressing Citizen Appointments Page 2 (I) Complete legal name, address, and telephone number, cell number and email address of the applicant. (2) Years of residency within the City of South Bend. (3) Political party if applicable to the appointment. (4) Qualifications as to why the applicant believes he or she would be a qualified candidate for the citizen position. (5) Summary of educational background, listing degrees and area of interest from any institutions of higher learning. (6) Summary of employment history. (7) Involvement or participation in professional public service or other types of organizations. (8) Availability to attend meetings in the AM and PM. (e) All candidates who file a completed application form shall be scheduled for an interview with the Council President and/or Chairperson of the Council Committee or Council Member appointed to serve on the board or commission related to the appointment in question. All other interested Council Members may attend such interview. (f) Persons selected by the Council as citizen representatives must have been residents of the City of South Bend for not less than one (1) year prior to the appointment and shall continue such residency as a qualification for said appointment. All appointees must update the Office of the City Clerk and the entity on which he or she is appointed to of any changes to his or her address, telephone, cell phone or email addresses upon such change taking place. (g) All such appointments shall serve without compensation for the term as indicated.. (h) All citizen appointments shall agree as a qualification for appointment that he or she shall verbally report to the appropriate Council Committee and/or to the Common Council under Special Business at least once per calendar year with an overview of the items handled through the Ordinance on Procedure Addressing Citizen Appointments Page 3 committee, commission, or other agency on which he or she participates. In the event of multiple Council citizen appointments to a committee board, commission, or other. agency, the Council citizen appointments shall rotate such reports among such persons. All citizen a ointments shall further a ee is a gualific ation for appointment that he or she shall vrovide written ouarterlv updates. Such reports shall summarize activities on the entity on which he or she serves and highli h t ongoing„ and/or upcoming key,activities under consideration.._Such report shall be emailed to the Office of the City Clerk who shall forward the same to the Common Council (i) All citizens appointed by the Common Council serve at the pleasure of the Council and may also be removed for failure to abide by the regulations set forth in this Section. All application forms of persons not selected for a specific Council appointment shall be kept on file in the City Clerk's Office for a period of one (1) year in the event of a vacancy. (Ord. No. 8102-90, § I) 21 Section II. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force 4andeffect r after 'ts passage by the Common Council, approval by the Mayor and legal ember avis On District Council Member Council Member Henry Davis, Jr. 2nd District Council Member Council Member Karen L. White Council Member at Large Member of the Common Council 20 Editor's Note—Section 2 of Ord.No. 7108-82 repealed former Art. 3 which consisted of§§2-14 and 2-15 pertaining to the City Clerk. Former 4 2-14 derived from§2-7 of the 1962 Code. Subsequently, § 1 of Ord.No. 8102-90 added a new§2-12.2,thus duplicating the section number used in Art.2. The City has instructed the inclusion of the ordinance as§2-12.3 in a new Art. 3. Ordinance on Procedure Addressing Citizen Appointments Page 4 Cea� John Voorde, City Clerk �nwdemAW by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2012, at o'clock . m. Janice Talboom, Deputy Clerk me on the day of , 2012, at o'clock .m. Pete Buttigieg Mayor of the City of South Bend, Indiana I sr READING NOT APPROVEi) a ''^'`���.ii:��,"SK:rk)THSEND,IN RErER'RE PASSED 0 City of South Bend Common Council 1ss5 441 County-City Building . 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 Derek D. Dieter http://www.southbendin.gov President April 18, 2012 Oliver J. Davis Vice-President Members of the Common Council 4t'Floor County-City Building Karen L. White Chairperson, Committee South Bend, Indiana 46601 of the Whole Re: Procedure for Addressing Appointments Made by the Common Tim Scott Council Pirst District Dear Council Members: Henry Davis, jr. Second District We are attaching a proposed ordinance for your review. It would update the Valerie Schey Council's current regulations for making citizen appointments to the various Third District boards, commissions, and other agencies. Fred Ferlic The ordinance would have as part of the application process that each Fourth District applicant include his or her cell number, as well as their email address. Additionally it calls for a quarterly update from each citizen appointee via David Varner sending such quarterly reports via email. Such reports would summarize past Fifth District activities as well as ongoing and/or upcoming key activities which are under Oliver J. Davis consideration. Sixth District The Common Council will be acting upon a Resolution at the April 23rd Derek D. Dieter Council meeting which thanks all past and former citizen appointees for their At Large dedicated time and service. We believe that the proposed amendments would assist the Council with regard to receiving regular and systematic informal Gavin Feriic updates from each of our citizen appointments. We look forward to At Large discussing this proposed ordinance with you. Karen L. White 4ouecriJ�. At Large ' Da s Karen L. White nVice-Pr esident Council Member at Large Henry nry Davis, Jr. I l err;' : . . 2 District Council Member t �-.: ,„a„ Attachment s T t (�,Jf 3 .� Ordinance No. Bill No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, BY THE INCLUSION OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2-123.2 ADDRESSING REGULATIONS AND REPORTING MECHANISMS ON CITY USAGE OF ALTERNATIVE FUELS: COMPRESSED NATURAL GAS (CNG) AND LIQUEFIED-NATURAL GAS (LNG) AND RELATED ENERGY EFFICIENCIES STATEMENT OF PURPOSE AND INTENT In 1982, the South Bend Common Council passed Ordinance No. 7108-82 which was subsequently updated by Ordinance No. 7739-87 in 1987. Those regulations among other things, set forth an annual reporting requirement on all motor vehicles owned or operated by the City of South Bend, with such report due by July 315E of each year. Those regulations are codified into the South Bend Municipal Code as Section 2-123. Pursuant to those regulations, the Central Services Director now files an annual CD along with a written report which summarizes by Department detailed information on all vehicles which are part of the City Fleet. On February 27, 2012, the Council adopted Resolution No. 4158-12 which recommended stepped-up initiatives so that more "best practices" addressing fuel-efficient sustainable programs be implemented. That Resolution urged the City Energy Director and the Green Ribbon Commission to collaborate and regularly update the Common Council. This ordinance is introduced in the interest of carrying out the goals and objectives of Resolution No. 4158-12 and to implement many of the proposals and initiatives promoted by the U.S. Department of Energy addressing energy efficiency and renewable energy as well as the Office of Energy Development for the State of Indiana. The City of South Bend Central Services Division is currently a silver member of the South Shore Clean Cities, Inc. (SSCC) which was founded on June 15, 1999 as part of the Clean Cities Coalition. The Coalition is dedicated "to preserve and revitalize Northern Indiana by promoting the use of clean fuels and clean vehicle technology". Section I. Chapter 2, Article 8, Section 2-123.2 of the South Bend Municipal Code is created to read in its entirety as follows: See. 2-123.2 Regulations and Reporting Mechanisms on City Usage of Alternative Fuels: Compressed Natural Gas (CNG) and Liquefied Natural Gas (LNG). (a) Purpose and Intent: This section. is aimed at promoting greater usage by the City of South Bend of alternative fuels and overall energy efficiency. It is believed that greater usage of alternative fuel vehicle conversion programs, related 'infrastructure improvements, implementation of more hybrid vehicles, and further diversification of the City's vehicle fleet will result in cleaner air and cost savings for taxpayers. It is further believed that the City should pursue all grants available which are aimed at energy efficiency, reducing energy costs, and reducing fossil fuel emissions. Ordinance Addressing Alternative Fuels Page 2 (b) Semi-Annual Reporting: In addition to the reporting requirements codified in Section 2- 123 of the South Bend Municipal Code, the Central Services Director and other individual(s) designated by the Director of Public Works in conjunction with the City Energy Director shall file reports on or before duly 1St and January 15th of each year addressing the following: (1) Summary of all alternative fuel vehicle grants pursued, including but not limited to such funding sources as the Alternative Fuel Vehicle (AF V? grant and other grants administered by the Indiana Office of Energy Development. (2) Summary of work with the U.S. Department of Energy's Clean Cities organizations such as the Greater Indiana Clean Cities Coalition and the South Shore Clean Cities, Inc. (3) Summary of vehicles that have been retrofitted to use compressed natural gas (CNG) and the savings in gallons of diesel fuel which has resulted. (4) Summary of any outreach programs and/or partnering with other entities including but not limited to the South Bend Community School Corporation, St. Joseph County, City of Mishawaka, TRANSPO, and other entities have vehicle fleets aimed at reducing energy demand, summary of measureable improvements in fuel efficiency, reduction of fuel costs and related data; bulk purchasing agreements; as well as developing plans for enhanced facility management and increased efficiency. (5) Updates on increasing the number public fueling stations in the city. (6) Summary of all grants pursued from the Energy Efficiency & Conservation Block Grant (EECBG) program of the U.S. Department of Energy administered from the Indiana Office of Energy Development. (7) Summary of any other actions/programs aimed at increasing energy efficiency and establishing energy policies. (c) Upon receipt of such required filing, the Common Council shall determine whether an in- person report on such information should be scheduled at a Council meeting under "Reports of City Offices" by the individual(s) filing such report. Section 11. Severability: If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. 'Indiana Code§ 4-4-32.2-1 through Indiana Code§4-4-32.2-16 sets forth the regulations addressing the"Alternative Fuel Fueling Station Grant Program"; and Indiana Code § 4-4-32.3-1 through Indiana Code § 44-32.3-10 sets forth the regulations addressing"Alternative Fuel Vehicle Grant Program for Local Units". Ordinance Addressing Alternative Fuels Page 3 Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Conn ' e nh e my Davis, Jr. 2"d Distric nc' mber f on Council e Oliver J. Davis th Di ct Council Member Mem er of the Common Council John Voorde, City Clerk rn���za!by me to Pete Bnttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2012, at o'clock . m. Janice Talboom, Deputy Clerk C��90w,lea!aau j, vvwxl by me on the day of , 2012, at o'clock m. Filed in .' - 2�3 2— - - Pete Buttigieg READING 2 Mjtyor of the City of South Bend, Indiana BI.IC HEARING APR ? I J READING �._..,.�.�........._:_,., v-..�a�._...� rT APPROVE i ERRED Cet "CLi #� lA<,s r SSFQ �[3 T$9� City of South Bend X x Common Council 1865 441 Coun ty-Ci ty Buil ding . 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1530 Fax (574) 235-9173 Derek D. Dieter w http://ww southhendirLgov President Oliver J. Davis April 17, 2012 Vice-President Members of the Common Council Karen L. White Ott' Floor County-City Building Chairperson, Committee of the Whole South Bend, Indiana 46601 Tim Scott Re: Alternative Fuels First District Dear Council Members: Henry Davis, Jr. Second District We are pleased to introduce for your review and discussion the attached ordinance. It would amend the City Code by incorporating semi-annual reporting updates to the Valerie Scbey Council by those in the City Administration charged with implementing energy Third District y $ efficiencies. In addition to updates on ongoing programs in this area, such reports Fred Ferlic would provide regular and systematic updates on the development of energy policies Fourth District within the City. David Varner We acknowledge that the City of South Bend is involved in the development of a Fifth District Strategic Energy Plan to address the current and long-term energy need of the city. However, completing the information loop on these endeavors, by regular updates and Oliver J. Davis Sixth District discussions may enhance these programs by raising greater awareness. Derek D. Dieter The State of Indiana and the U.S. Department of Energy have excellent websites to At Large assist communities Iike South Bend. If you go to the website for the Indiana Office of Energy Development: ht ://www.ino ov/oed you will find information on: Gavin Ferlic At Large • AIternative Fuel Vehicle (AFV) Grant • Community Conservation Challenge (CCC) Karen L. White 0 CHIP Grants At Large Energy Action In Schools • Energy Grant Resources We are attaching a I-page summary of Indiana's QED Energy Grant Resources; 2-page release on the alternative fuel vehicle grant program (AFV) which was in effect last year; and 3-pages on various Indiana and federal incentive programs and descriptions. In the Indiana Energy Insights dated January 9, 2012, it highlighted how the Town of Arcadia, Indiana, in partnership with the Hamilton Heights School Corporation, has set up a plan for four(4)of their buildings to become Energy Star rated, utilizing in part a Alternative Fuels Cover Letter April 17,2012 Page 2 $350,000 Energy Efficiency & Conservation Block Grant (EECBG) award resulting in a projected savings of$73,408 annually in energy costs. We have placed in the Office of the City Clerk 17-page U.S. Department of Energy's January 2012 Clean Cities Alternative Fuel Price Report. Because of the sheer volume of pages, we have also placed in the Office of the City Clerk extensive materials on how compressed natural gas is being used in the Leon County Schools in Florida; CNG facilities in Tallahassee; articles on how Ryder and Staples are using CNG tractors for their inventory transportation; how Sacramento purchased 53 LNG refuse trucks which are designed to "achieve a 98 percent reduction in particulate matter and a 99 percent reduction in nitrogen oxide emissions" which replaced thief "old, inefficient diesel-burning vehicles"; how AT & T's 10 year commitment to a "cleaner corporate fleet" has resulted in their 3,000`h CNG vehicle and their 4,00t"ATV vehicle in their corporate vehicle fleet just to name a few. Council Member Henry Davis, Jr. had the opportunity to discuss this proposed ordinance with the City's Energy Director John Burke before filing this proposed ordinance, We look forward to discussing this with you. Thank you. Most sincerely, ADistrnict r e Davis, Jr. ne' ember er Oliver J. Davis uncil Member Attachments At r :� " OED: Energy Grant Resources Page 1 of 1 Energy Grant Resources On this page, you will find a variety of documents and other information relating to energy grants from the Office of Energy Development, as well as other state and federal sources. Indiana Energy Insights Indiana Energy Insights is a regularly updated blog about current and future energy grants. Click here to visit the biog. Gram Recipients Resources • OED Grant Management System • OED American Recovery and Reinvestment Act (ARRA) Reporting System • State Energy Program - American Recovery and Reinvestment Act 5EP-ARRA Benefits Calculator • CCC Program Materials • Energy Effidengy and Conservation Block Grant EECBG resources • Greater Indiana Clean Cities Coalition„-ARRApresentation • Communications/Marketing Materials • FedConnect Users Guide • Additional state and federal grant resources State Energy Program (SEP)-ARRA Benefits Calculator This is a Microsoft Excel document used for calculating grant benefits. This calculator provides individual modules or each of the followng areas: Renewables, Transportation, energy savings and resulting emission reductions. This tool is NOT intended to replace contractor or engineering suppliled estimates of your project savings. Results are simple and applicable to a broad range of environments, but are not sophisticated enough to accurately model all design issues. The outputs from this tool should only be used for reporting to DOE if site specific estimates are not available. Download the Calculator here. Please note this file contains macros that must be enabled before use. Community Conservation Challenge CCC Program Guidelines (Including signature pages and Section 106 Review): Download Here Supplemental CCC FAQ page can be downloaded here Energy Efficiency and Conservation Block Grant (EECBG) EECBG (non-entitlement) orientation presentation: Download here. EECBG Small business, Healthcare, Higher Education, Non profit Orientation presentation: Download here. EECBG Davis-Bacon Act Compliance and Monitoring: Click here. Note: This resource is provided for OED/EECBG grant sub-recipient information only EECBG Portfolio Manager.: Click here EECBG Buy American Waivers: Click here. http://wwvv.in.gov/oed/2616.htin 4/11/2012 Alternative Fuel Vehicle [wants Now Available for Indiana Commercial/Public Fleets Grants Will Encourage Conversion to More Efficient/Alternative Fuel Work Vehicles For Immediate Release Contact: Eric Burch 317-232-8944 eburchkoed.in.gov (Indianapolis)—Lt. Governor Becky Skillman has announced funds are being made available to the public and private sectors to help pay for conversion of fleet vehicles to alternative fuels. The Alternative Fuel Vehicle (AFV) grants will be available to government entities, businesses, school corporations, institutions of higher education, health care facilities and not-for-profit agencies in Indiana. "These grants are meant to increase our energy efficiency, reduce energy costs and reduce fossil fuel emissions," said Lt. Governor Skillman. "In the process we can create new jobs, and increase productivity, which is all part of healthy economic development." Grants from $40,000 to $500,000 will be available for on-road fleet vehicles only. The funds can be used to cover the cost differential between the cost of purchasing an alternative energy vehicle rather than a traditional fuel vehicle. It can also be used to defray the cost of retrofitting an existing vehicle. Infrastructure costs are not eligible in this grant program. The AFV program opens September 1, 2011 and applications will be accepted until September 30, 2011. Applicants are not required to match any award with local funds, but any leveraged funds will earn an applicant additional points in the competitive grant scoring process. The program uses federal funds that are administered by the Indiana Office of Energy Development. There are a number of criteria any proposed project must meet. Among those criteria, the project must demonstrate measurable improvements in fuel efficiency,result in a reduction in fuel demand, and result in a reduction in fuel costs. A"fleet" is defined as five or more company vehicles. The applicant must own the vehicles, and they must be used for business primarily in Indiana. A complete list of criteria is available in the program guidelines which are available on line at h=://www.energv.in.iiov/2644.htm. The application process is also conducted online. Also as part of the AFV grant process, applicants must work with at least one of the U.S. Department of Energy's Clean Cities organizations in the state. In Indiana,there are two, Greater Indiana Clean Cities Coalition and South Shore Clean Cities Inc. in northwestern Indiana.. ### The Office of Energy Development(OED)was created in December 2005 as an extension of the Indiana energy office. Under the leadership of Lt.Governor Becky Skillman,OED is responsible for the state's energy policy.For more information visit www.engMyjn.gov.or follow OED on twitter, IndianaEnergy. For updates from the Lt. 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CJc � °J `u o .� mmv 4 Q min E c o u ., a Fu V) rA - (n oi3 i� w pia, a N O — ee9 � w D C9 1�� 'D O c W M c N '� � U} N CC M (a aoi � M m O w 3 v �_+ a = LL a LA =3 U. ..1 jai w a .� � ofV m � aro � 3 � ° E u , En n c ° U � � a � 7E - iuE cc i C L- V M c � Nz i -0CUC: � � va� V) Cy , D I U z.. c � � � U � c � � LU V°, dpuEUJT -E 'u � a� in CU vi w u E aaiiuL�7 °' � �' o 0U w a; u `•a Q a..1 a L � i� o L 4, z L Q1 L u V h s] a0 u (n V i-- w Q o of o Q Q -j m CI) a c,_cd c � v w � ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LEASE WITH THE CITY OF SOUTH BEND BUILDING CORPORATION DATED AS OF APRIL 1, 2003, AS AMENDED, PREVIOUSLY ENTERED INTO FOR THE CONSTRUCTION AND EQUIPPING OF A NEW CENTRAL FIRE STATION AND RENOVA'T'ING AND EXPANDING THE POLICE STATION AND REGARDING CERTAIN RELATED MATTERS STATEMENT OF PURPOSE AND INTENT The Common Council (the "Common Council") of the City of South Bend, Indiana (the "City"), previously approved and authorized the issuance and sale by the City of South Bend Building Corporation (the "Building Corporation") of its first mortgage revenue bonds to finance the costs of the construction and equipping of a new central fire station and the renovation and expansion of the police station (collectively, the "Project") pursuant to Ordinance No. 9415-03 adopted by the Common Council on April 28, 2003. The City previously entered into a lease for the Project with the Building Corporation, which lease is dated as of April 1, 2003, and which lease has been subsequently amended (the "Lease"). The Building Corporation issued its first Mortgage Revenue Bonds, Series 2003, in the aggregate principal amount of Twenty-one Million Three Hundred Thirty-five Thousand and 001100 Dollars ($21,335,000.00), which bonds are presently outstanding in an aggregate principal amount of Fourteen Million Five Hundred Five Thousand and 001100 Dollars ($14,505,000.00) (the "Prior Bonds") to finance the costs related to the Project. The Common Council desires that the Building Corporation proceed to refund the Prior Bonds to permit the City and the Building Corporation to reduce the lease rentals payable by the City under the terms of the Lease with the Building Corporation. The proceeds of such refunding bonds will be used to refund of the Prior Bonds and to pay the costs of issuance of the refunding bonds, which refunding bonds would be issued in an aggregate principal amount not to exceed Sixteen Million One Hundred Thousand and 001100 Dollars ($16,1 00,000.00) (the "Refunding Bonds"). Additionally, the Common Council desires that the City and the Building Corporation amend the Lease following the sale of the Refunding Bonds to reduce the semiannual lease payments payable under the Lease by the City to correspond to the debt service for the Refunding Bonds as established pursuant to the terms of sale of the Refunding Bonds, BDDBO 19217411 v I NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,AS FOLLOWS: Section I. The Common Council hereby authorizes the Building Corporation to proceed with the refunding of the Prior Bonds in order to achieve a savings for the City. The Common Council hereby approves of the sale of the Refunding Bonds in an aggregate principal amount not to exceed Sixteen Million One Hundred Thousand and 001100 Dollars ($16,100,000.00). Section I1. The Mayor, the City Clerk and the Controller, and such other officers of the City as may be necessary and appropriate, are, and each of them is, hereby authorized to take any and all actions and to execute all such instruments as may be necessary or appropriate to accomplish the refunding of the Prior Bonds, in such forms as the officers executing the same shall deem proper, to be evidenced by the execution thereof, including, without limitation, (i) executing an addendum to lease to amend the Lease to provide for lower annual lease rental payments as a result of the refunding of the Prior Bonds, and (ii) entering into a continuing disclosure undertaking agreement to provide continuing disclosure with respect to the Refunding Bonds as required under the federal securities laws. Section III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Cou 1 Attest: C End Ica, City Clerk ca a�' �a9� wx���t4 o :.. Presented by me to the Mayor of the City of South Bend on the day of , 2012, at o'clock .m. City Clerk Approved and signed by me on the day of 2012, at o'clock m. Mayor, City of South for 1 st READING -L�-1 Z., p I PUBLIC HEARING A{ la 3 rd READING *IOF APPROVED -2 - Jot-m 1V'n0L1,Rb.7m..�.. ZEFERP,ED G °L1'CL ss,t',:�Ce' V,E,"'=1f 4 )ASS r.Q OUTIJ 120ONCouwy-OayBurinruG W I //'j P14ONE 57V 235-9216 227 W Jupntsorr BLvD. ,, -� W ���r c��i ��" FAX 5741235-9928 So BFND,INDrANA46601-1830 ra 4� R k 1865 CITY OP SOUTH BENZ) PETE B=rsiEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE April 18, 2012 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4`h Floor South Bend, Indiana 46601 RE: Ordinance of the Common Council—Refunding of 2003 City of South Bend Building Corporation ("Building Corporation") Bonds Dear President Dieter, Attached please find a Ordinance to authorize the Building Corporation to refund the 2003 Bonds and approve the sale of Refunding Bonds in an amount not to exceed $16,100,000.00 in order to reduce the lease rentals payable by the City under the terms of its Lease with the Building Corporation. The result of this effort is to save the City at least $450,000 over the remaining life of the Refunding Bonds. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for I"reading on April 23, 2012 with 2"d reading, public hearing and 3rd reading scheduled for May 14, 2012. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-7500. Regards, Mark W. Neal City Controller Hied cc: Pete Buttigieg Mayor Mike Schmuhl, Chief of Staff Kathryn Roos, Deputy Chief of Staff ?, j` NQ CITY Cfif.:EIRK,S(.k Ul:i ✓n V JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZ1 DEPUTY DIRECTOR 4AREA PLAIN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 46601 (574)235-9571 April 1 S,2012 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: A proposed ordinance of Douglas Road Land Partners South, LP to zone from R Single Family District(County)to CB Community Business District(City), property located at 17210 Douglas Road, City of South Bend-APC#2626-12 Dear Council Members: I hereby Certify that the above referenced ordinance of Douglas Road Land Partners South, LP was legally advertised on Thursday, April S, 2012 and that the Area Plan Commission at its public hearing on Tuesday, April 17, 2012 tools the following action: Upon a motion by Karl King, being seconded by Phil Sutton and unanimously carried, the proposed ordinance of Douglas Road Land Partners South, LP to zone from R Single Family District(County)to CB Community Business District(City), property located at 17210 Douglas Road, City of South Bend is sent to the Common Council with a favorable recommendation. This site is an appropriate expansion of the commercial activity along Douglas Road, and will provide appropriate buffering to the remaining residential homes. 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,+ J y ` r. M hn W. Byorni JWB:jsc Attachment CC: Douglas Road Land Partners South, LP Abonmarche Consultants, Inc. SERVING:ST.JC)SEP'H COUNTY,SOUTH BEND.LAKEVILLE,NEW CARLISLE.NORTH LIBERTY,OSCEOLA&ROSELAND www,stjosephcountyindiana.com/Areaplan Staff port APC# 2626-12 Owner: Douglas Road 'Land Partners South, LP Location: 17210 Douglas Road Jurisdiction: City of'"'s 4400 : ;rye.. :,,• � ;,�. ,, Requested Action: The petitioner_.is requesting a,.zone„change.;from R Single Family,,District .(County) to CB Community Business District(City)to:-allowuses allowed in CB Community;Business District. Land Uses and Zoning: owsite -The site.is vacant. North: To the north is Menorial Home:Care zoriod CB Community-Business District (South Bend). a East: To the east is a vacant outlot, part of the Brown Mackie College campus and a dentist office zoned CB Community BusinewDistrrct(S�uth South: To the south is a retention-area for Brown Mackie College:.zoned CB Community Business District(South Bend). West: To the west are single family homes,zoned R-Single 1*amilyDistrict(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. Site plan description: The total area is 0.75 acres. There is a 3,830 square foot building proposed, covering 12%.of the site. The proposed 33 parking spaces, along with drives cover 44% of the site. The remaining 44% is open spaces. Access will be through the Brown Mackie site via an ingress/egress easement provided on the Douglas Road Partners Minor Subdivision. Zoning and land use history& trends: The Brown Mackie site to the east was annexed in 2001 and most recently rezoned in 2008. A subsequent subdivision in 2009 created two outlots along Douglas Road. Other recent activity in the area include Memorial Home Care, to the north, annexed in 2002 and rezoned in 2002 and 2005 and Horizon Bank,at the comer of Douglas and State Road 23,rezoned in 2009. Traffic and transportation considerations: Douglas Road is a four lane road with dedicated left turn lanes at the signaled intersections with State Road 23 and the entrance to Brown Mackie/Memorial Horne Care. Utilities: The site will be serviced by municipal sewer and water. Additional information: (Agency comments) The City's Annexation Planner notes the annexation is 75.8% contiguous to the existing city limits, and City services, including water and sewer, can be made available. Therefore the project meets the requirements for annexation. Commitments: No commitments are proposed. Douglas Road Land Partners South, LP #2626-12 Page 1 of 2 5 Criteria(per IC 36-7-4-603): I. Comprehensive Plan: Policy Plan: QY Plan South Bend Co prehensive Plan(November 2006) Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Objective ED 2.r Retain existing businesses and recruit new ones to the city. The rezoning is consistent with these policies. ]Land Use Plan: The Future Land Use Map identifies the area around the intersection of Douglas Road and StAter Road 23 as a Regional Commercial Node. The rezoning is consistent with the Future Land Use Map. Plan Implenientation/Other Plans: There are no`other plans in effect for this area. 2. Current conditions and character: This surrounding area is a mixture of residential and commercial uses, in the City of South Bend, City of Mishawaka, and unincorporated St.Joseph County. 3. Most desirableyuse: The most desirable use for this site would be commercial or office uses similar to the existing surrounding businesses. 4. Conservation of property values: Since the site is properly buffered, the residential property values to the west should not be affected 5. Responsible development and growth: It is responsible development and growth to allow the compatible expansion of an existing commercial area. Recomineudation- Base'd'on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: This site is an appropriate expansion of the commercial activity along Douglas Road, and will provide appropriate buffering to the remaining residential homes. Douglas Road Land Partners South, LP #2626-12 Page 2 of 2 t e ® s WWi14 R Elkins R OB SH R Rezoning from "R" SINGLE FAMILY DISTRICT (COUNTY) to "CB" COMMUNITY BUSINESS DISTRICT (CITY OF SOUTH SEND) Zoning Classification COUNTY"R" SINGLE FAMILY DISTRICT N COUNTY"OB" OFFICE/BUFFER DISTRICT - CO UNTY"B" BUSINESS DISTRICT w ,�� E COUNTY"C' COMMERICAL DISTRICT : SOUTH BEND"SF1" SINGLE FAMILY AND TWO FAMILY DISTRICT I t inch _ 200 fee SOUTH BEND"LB"LOCAL BUSINESS DISTRICT 1 1. SOUTH BEND"CB"COMMUNITY BUSINESS DISTRICT # 2626°1 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 Douglas Road Land Partners South, LP 17210 Douglas Road South Bend, IN 46635 STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation and for the zoning of±0.8 acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed and zoned. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. 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 Send, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A PARCEL OF LAND BEING A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32; THENCE NORTH 89016'18" EAST ALONG THE NORTH LINE OF SAID SECTION 32, T40.70 FEET; THENCE SOUTH 00°12'28" WEST, 45.01 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89116'18" EAST PARALLEL TO THE NORTH LINE OF SAID SECTION 32, 185.55 FEET TO A POINT ON THE WEST LINE OF DOUGLAS ROAD PARTNERS MINOR, RECORDED IN INSTRUMENT NUMBER 0917426 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 00 029'43" EAST ALONG SAID WEST LINE OF SAID MINOR, 175.00 FEET; THENCE SOUTH 89016'118" WEST ALONG THE NORTHERLY LINE OF LOT 3 IN SAID MINOR, 187.70 FEET TO THE EAST LINE OF A PARCEL OF LAND RECORDED IN DEED RECORD 784, PAGE 80 IN SAID RECORDERS OFFICE; THENCE NORTH 00°12'28" EAST ALONG SAID EAST LINE, 175.02 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 0.75 ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHT-OF-WAY, EASEMENTS, COVENANTS AND RESTRICTIONS OF RECORD. SECTION ll. 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 a 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 some herby is amended in order that the zoning classification of the following described real estate, with the exception of all adjacent rights-of-way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as 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 , 20 , at o'clock M. City Clerk Approved and signed by me on the day of , 20 , at o'clock m. Mayor, City of South Bend, PUBLIC F?'`.'.R1NG 3 rd REA.WNG NOT APPROVED REFERRED PASSED r `! r`€ e>.. PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA I (We) the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in Clay Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) 1 am (We are) the owner(s) (hereinafter"petitioner"or"petitioners") of a parcel of land more particularly described in Exhibit"A". 2) Petitioners) desires that the parcel be annexed to the City of South Send, Indiana, by proper ordinance. 3) This Petition is signed by one-hundred percent (100%) of the owners of the land in the territory sought to be annexed. 4) The property sought to be annexed and rezoned is located at: 17210 Dounlas._Road, South Bend, IN 46635 5) . The Property Tax Key Number: 002-2023-054801 6) The name and address of the property owner(s) of the petition site is/are: Dou las Road Land Partners South LP 7) The name and address of the contingent purchaser(s), if applicable: Not Applicable 8) The parcel is ±0.8 acres in size and currently has the following use(s) on it: Vacant Land 9) The number of people currently residing on the property: None 10) It is desired and requested that the petition site be rezoned From St. Joseph County zoning classification: "R" Sin ale-Family Residential District To City of South Bend zoning classification: Community Business„District for the following use(s): Uses allowed in "CB" CommuRL Business District 11) The anticipated "build-out"year for the project: 2012 12) The proposed number of lots: Not Applicable 13) The proposed miles of new roadways: None 14) The following information has been submitted with the Petition: 1. A legal description of the property; titled as Exhibit A; 2. A list of names and addresses of all property owners, along with the tax key numbers, for all properties within 300 feet of the petition property; 3. Seventeen (17) site plans; 4. Addressed, stamped envelopes for all property owners within 300 feet of the petition property. 15) The signature(s) of all property owner(s), or Attorney for all property owners(s) Printed: James-W, Laskowski Se!grpjary D u las Road Land ners South, L.P. Signed: Addr 2..27 South Main Street,_Sulte,300 South Bend IN 46601 Phone Number: - (574) 234-2073 16) Name, Address, and Phone Number of Contact Person/Preparer (please print): Bradley E. Mosness, PE Paul A. Phair, VP Development of Abonmarche Consultants, Inc. Holladay Properties 750 Lincoln Way East 227 South Main Street,Suite 300 South Bend, IN 46601 South Bend, IN 46601 (574) 232-8700 (574) 217-4498 F!I d ire c`le-k . 1 VOLUNTARY ANNEXATION - Tentative Annexation Schedule (100%voluntary annexation) PETITION 17210 Douglas Annexation Area File Date 317112 1 st Reading 3112/12 Request Sent 3112112 Request Due 3/30/12 Fiscal Plan Done 4113112 BOPW Agenda Session 4/19/12 BOPW Hearing 4124112 BOPS 4118112 APC Public Hearing 4/17112 APC Report to Council 4/23/12 Council Advertisement 4/27/12 Resolution to Clerk 5123112 2nd Reading 5128/12 '— 5129112 3rd Reading 6/11/12 r 6125/12 Advertised 6122112 7/6/12 Appeal Period Start 6122112 7/6/12 , Appeal Period End 7122112 8/5/12— Days: 137.00 151.00 Months: 4.57 5.03