Loading...
HomeMy WebLinkAbout12-10-12 Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, DECEMBER 10, 2012 7 : 00 P.M. 1. INVOCATION - REV. FRED PRESTON 2. PLEDGE TO THE FLAG 3. ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS A. REPORT FROM ANDREW BERLIN ON THE FUTURE OF THE SOUTH BEND SILVER HAWKS - 25 MINUTES 6. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 60-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4626 BURNETT DRIVE, SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 67-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2012 68-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2012 OF $690, 000 FROM . GENERAL FUND (#101) , $100, 000 FROM LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220) , $730, 250 FROM EMS CAPITAL FUND (#288) , $20, 000 FROM INDIANA RIVER RESCUE FUND (#291) , $66, 000 FROM POLICE FEDERAL DRUG ENFORCEMENT FUND (#299) , $1, 799, 113 FROM MAJOR MOVES FUND (#412) AND $1, 500, 000 FROM SELF-FUNDED EMPLOYEE BENEFIT FUND (#711) 69-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2012 OF $242, 500 FROM SOLID WASTE FUND (#610) 63-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH, BEND, INDIANA, AMENDING CHAPTER 1, SECTION 104 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING "SIX COUNCILMANIC DISTRICTS" 65-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 ARTICLE 4, SECTION 4-35 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING MASSAGE ESTABLISHMENTS AND MASSAGE THERAPY 66-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING MARTIN LUTHER KING, JR. (MLK) DAY AS A DESIGNATED CITY HOLIDAY AND AMENDING CHAPTER 2, ARTICLE 8, SECTION 2-121 OF THE SOUTH BEND MUNICIPAL CODE 74-11 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 2, RESIDENTIAL DISTRICTS, TO ALLOW THE RAISING AND CARE OF CHICKENS AS AN ACCESSORY USE; AND ADDING CERTAIN RELATED DEFINITIONS 64-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 5, ARTICLE 3 ADDRESSING ANIMAL CARE REGULATIONS BY THE INCLUSION OF REGULATIONS ADDRESSING URBAN CHICKENS AND SECTION 5-49 OF ARTICLE 9 ADDRESSING PENALTIES; VIOLATIONS OF THE SOUTH BEND MUNICIPAL CODE 8 . BILLS, THIRD READING TIME: BILL NO. 60-12 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4626 BURNETT DRIVE, SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 67-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2012 68-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2012 OF $690, 000 FROM GENERAL FUND (#101) , $100, 000 FROM LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220) , $730, 250 FROM EMS CAPITAL FUND (#288) , $20, 000 FROM INDIANA RIVER RESCUE FUND (#291) , $66, 000 FROM POLICE FEDERAL DRUG ENFORCEMENT FUND (#299) , $1, 799, 113 FROM MAJOR MOVES FUND (#412) AND $1, 500, 000 FROM SELF-FUNDED EMPLOYEE BENEFIT FUND (#711) 69-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2012 OF $242, 500 FROM SOLID WASTE FUND (#610) 63-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 1, SECTION 104 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING "SIX COUNCILMANIC DISTRICTS" 65-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 ARTICLE 4, SECTION 4-35 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING MASSAGE ESTABLISHMENTS AND MASSAGE THERAPY 66-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING MARTIN LUTHER KING, JR. (MLK) DAY AS A DESIGNATED CITY HOLIDAY AND AMENDING CHAPTER 2, ARTICLE 8, SECTION 2-121 OF THE SOUTH BEND MUNICIPAL CODE 74-11 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 2, RESIDENTIAL DISTRICTS, TO ALLOW THE RAISING AND CARE OF CHICKENS AS AN ACCESSORY USE; AND ADDING CERTAIN RELATED DEFINITIONS 64-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 5, ARTICLE 3 ADDRESSING ANIMAL CARE REGULATIONS BY THE INCLUSION OF REGULATIONS ADDRESSING URBAN CHICKENS AND SECTION 5-49 OF ARTICLE 9 ADDRESSING PENALTIES; VIOLATIONS OF THE SOUTH BEND MUNICIPAL CODE 9. RESOLUTIONS BILL NO. 12-86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3733 LOCUST ST. , SOUTH BEND, INDIANA 12-89 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 710 NILES AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR EAST BANK LEARNING CENTER, LLC 12-90 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 707 S. SCOTT STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND WOODWORKS, LLC 12-91 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 228 EAST BRONSON STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE- YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CURTIS PRODUCTS, INC. 12-92 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 3702 W. SAMPLE STREET, SUITE 1125 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE- YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TRIANGLE MACHINE INC. 10 . BILLS, FIRST READING BILL NO. 70-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i) (2) OF THE SOUTH BEND MUNICIPAL CODE OFFICIALLY CHANGING THE NAME OF THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE TO THE COMMUNITY INVESTMENT COMMITTEE 11 . UNFINISHED BUSINESS 12 . NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. 6c,,,\, 1) , ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4626 BURNETT DRIVE, SOUTH BEND, INDIANA, 46614, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM GI GENERAL INDUSTRIAL DISTRICT TO GB GENERAL BUSINESS DISTRICT TO OPERATE A KENNEL WITH OUTDOOR RUNS. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT # 11 OF THE PLAT OF "BURNETT INDUSTRIAL PARK" AS RECORDED IN THE RECORDS OF THE ST JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 1.24 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as GB General Business District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council,approval by the Mayor, and legal publication. j 4( ( 4 Member of the Common Co cil r 2 Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20 ,at o'clock .m. City Clerk Approved and signed by me on the day of 20 , at o'clock .m. Mayor of the City of South Bend, Indiana Filed In nit.. ice (.0--or-( ci 12 READING PUBLIC HEARING 40104 VO(4141,1 3 rd REAEXNG CITY OR SOUTH SAND IN NOT APPROWD REFERRED PASSED PETITION FOR A COMBINED HEARING City of South Bend, Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested and to the Area Plan Commission to grant the following variance(s): 1) The subject property is located at: 4626 Burnett Drive, South Bend, Indiana 46614 2) The property Tax Key Number(s)is/are: Key#1:23-1043-3014 3) Name and address of property owner(s)of the petition site: Swiggard Properties LLC 931 Seaco Court Deer Park, Tex s 77536 Ph.No. (?Z/ 93g'/ 'ft E-Mail Address N/A 4) Name and address of contingent purchaser(s),if applicable: Pet Refuge 2300 66 Street Mishawaka, Indiana 46544 574-234-7870 E-Mail Address N/A 5) It is desired and requested that this property be rezoned: From: GI General Industrial District To: GB General Business District 6) This rezoning is requested to allow the following use(s): Kennel with outdoor runs. 7) If applicable,a detailed description and the purpose of the variance(s)being requested: The Petitioners, Swiggard Properties LLC,have been the owners of the real estate at 4626 Burnett Drive for the several years as shown in the records of the Auditor's office. They have been approached by Pet Refuge who desires to re-locate their present Mishawaka facility to this new location, which will provide them with additional space to care for animals,which are entrusted to them. Based on discussions with the Building Department and Area Plan Commission staffs, in order for the Pet Refuge to relocate to this site, the property would be required to be Rezoned and a few Variances would be needed to use the property as shown on the attached site plan. The existing property had been used for industrial purposes in the past and is presently vacant. The Pet Refuge, which is considered a Kennel, is not allowed as a permitted use in the existing GI General Industrial zoning classification. The property will require rezoning to the GB General Business District classification,which permits Kennels. Once the Rezoning is initiated,the property is required to be brought up to all the developmental standards of the zoning district being requested. In this particular situation, the Rezoning necessitates that a few Variances be approved as well.Shown below are the Variances being requested for the property: 1).A Variance from the requirement of providing perimeter trees at a minimum rate of one(1)over-story . , 2 deciduous tree every forty(40) feet to providing perimeter trees at a spacing of a maximum of eighty (80)feet on center along the frontage of Burnett Drive and no additional perimeter trees along the north or east property lbws of the site.This site is part of an old industrial park in the City and the addition of frees along the north and east property lines adjacent to existing industrial sites would be extreme,as this type of landscaping is not needed against industrial sites.The continent purchaser is willing to place trees every 80 feet along the Burnett street frontage,where they can provide a pleasant streetscape for the new use The petitioner and contingent purchaser do not believe approval of this Variance would have a detrimental affect on any adjacent property. 2).A Variance from the requirement of providing a minimum 24 ft aisleway in the shown north parking area and south parking area to a minimum of 16.5 ft.as shown.The Petitioners are requesting to be able to have a smaller than required driveway for their proposed parking area.They would state that the existing driveways accessing the north and south parking areas were built previously for the industrial use They would state that the Pet Refuge could use these existing driveways without creating any difficulties for patrons visiting the facility They do not have the same turnover rate for cars entering and exiting the site,as would a retail use They believe the existing driveways are quite satisfactory for their facility.The Petitioners do not believe approval of this Variance will adversely affect the surrounding properties. 3).A Variance from the requirement of providing a minimum of 38 parking spaces(i.e. 12 spaces for 3,200 sq.&of office area and 26 spaces for 10,400 sq.ft of Veterinary Hospital area)to a minimum of 15 spaces as shown. The Petitioners are requesting to reduce the required number of provided parking spaces for the new use.The Zoning ordinance bases the number of spaces to be provided on the use of the building. Parking for office space is calculated at a rate of 3.5 spaces per 1,000 sq.ft.of office area.The Pet Refuge does not need to have 12 spaces for the existing office area.They will have on-site not more than 5 employees.The second amount of spaces required for the building is based on providing parking for a Veterinary Hos-pital.That is the closest use that is listed in the Ordinance for the Kennel area for the Pet Refuge.Again this amount of parking does not relate to the proposed use.The Pet Refuge will not require 26 parking spaces for the area used to house the animals that they care for on site.The Petitioners and contingent purchaser would not want to pave additional parking spaces,which would go unused and would create additional storm water runoff on the site.The Petitioners do not believe approval of this Variance will have a negative impact on adjacent properties. 8) A statement on how each of the following standards for the granting of variances is met: The Petitioners would state that their property is located in the urban core on an old industrial site. The Petitioners believe that the reuse of the industrial site to a new use,the Pet Refuge would fit well in this industrial subdivision.The few requested Variances reflect a situation that exists for reuse of existing building sites.The building has existed for decades and pre-dates revised zoning ordinance developmental standards.The Petitioners would state that the approval of the above requested Variances will not be injurious to the public health,safety,morals and general welfare of the community.As envisioned the proposed improvements will place landscaping on-site where none presently exists.This will increase the public health,safety,morals and general welfare of the community. The Petitioners would also state that the use and value of the area adjacent to the property included in the Variances will not be affected in a substantially adverse manner.The site as proposed will provide more streetscape landscaping than has existed before.The proposed improvements should help to stabilize values for industrial properties adjacent to the site. The Petitioners would state that the strict application of the terms of this Ordinance would result in practical difficulties in the use of the property. 9).If not clearly shown on the Preliminary Site Plan,a site plan showing the requested variances shall also be submitted. The Petitioners have supplied a site plan to help show the proposed improvements and reflect the • 3 Requested Variances. 10) If applicable,a detailed description and purpose of the Special Exception(s)being requested: N/A 11) A statement on how each of the following standards for the granting of a Special Exception is met: The Petitioners would state that the proposed use will not be injurious to the public health,safety, comfort,community moral standards,convenience or general welfare. The Petitioners would state that the proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The Petitioners would state that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The Petitioners would state that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. 12) In the case of a Special Exception,the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached,and made a part of this PETITION,is: (a)a copy of a legal description of the property; (b)a list of names and addresses of all property owners,and the tax key numbers for all properties within 300 feet of the petition property; (c)17 site plans;and (d)addressed,stamped envelopes for all property owners within 300 feet of the petition property. Signature(s)of All Property owner(s),or signature of Attorney for all prope ;►:wner(s,/ t. 10 Swiggard Properties LLC 931 Segco Court Deer Park Texas 77536 Ph-No. 12S1)932- 1908- PETITION PREPARED BY&CONTACT PERSON: Name: Danch,Harper&Associates,Inc. Address: 1643 Commerce Drive South Ben4 Indiana 46628 574-234-4003 mdanch@danchharner.com Filed In Clerk's Office GC► �- '701Z crry CLERK,STN OEND,IN LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 37 NORTH, RANGE 2 EAST,CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST.JOSEPH COUNTY,INDIANA WHICH IS DESCRIBED AS: LOT # 11 OF THE PLAT OF "BURNETT INDUSTRIAL PARK" AS RECORDED IN THE RECORDS OF THE ST.JOSEPH COUNTY,INDIANA RECORDER'S OFFICE. CONTAINING 1.24 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS,EASEMENTS AND RESTRICTIONS OF RECORD. Flied 011 Cleric's Otlice OCT --3 2012 CI°T'I c se...s 9iJTp,sew,Iii i Property Owners Within 300 Feet Fred Krolzick BTraub Davis Real Estate LLC Updike Development LLC 4550 S Burnett Dr 4525 S urnette Dr 3333 Indpendence Dr South Bend, IN. 46614 South Bend, IN.46614 Fort Wayne, IN. 46808 Tax Key#023 1043 3012 Tax Key#023 1043 3013 Tax Key#023 1043 3004 James Watts Select Beverages Inc R-P Properties LLC 4622 Burnett Dr South 400 N Wolf Rd Ste A 23475 St.Rd. 4 South Bend, IN. 46614 Melrose Park, IL. 60164 Lakeville, IN. 46536 Tax Key#023 1043 3010 Tax Key#023 1043 3008 Tax Key#023 1043 300901 Lang Rosetto Inc Veldmans Crossings Inc Swiggard Properties LLC 63607 Pine Rd 5222 Western Ave 931 Seaco Ct North Liberty, IN. 46554 South Bend, IN. 46619 Deer Park, TX. 77536 Tax Key#023 1043 3009 Tax Key#023 1043 3011 Tax Key#023 1043 3014 Kelko Real Estate Inc 55080 Phillips St Ekhart, IN. 46514 Tax Key#023 1043 3015 ti Cletif en*aplitk',4,44,340; IN yl Di. Danch, I-lam er & Associates, Inc. MICHAEL J. DANCH, L.A. Land Surveyors • Professional Engineers RON HARMER, P.S. Landscape Architects • Land Planners Honorable Members of the City of October 3, 2012 South Bend Common Council 4 th Floor County-City `Building South Bend, Indiana 46601 RE: Rezoning Petition for 4626 Burnett Drive, South Bend: Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for the property located at 4626 Burnett Drive, South Bend, Indiana. This requested Rezoning would allow for the re-use of an existing vacant industrial building. Pet Refuge would like to renovate the vacant building for their new animal care facility. Our clients believe the renovation of an old industrial building would be a compatible use in the surrounding industrial park. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, de - ■ 0 liedil■ Michael J. Danch ciihi., President Danch, Harner & Associates File No. 120213 "C" Md. Filed In Ciories Office OCT -32012 JOHN‘10000 CITY CLERK,SOUTH BEND,IN 1643 Commerce Drive ■ South Bend,IN 46628 208 West Mars ■ Berrien Springs,MI 49103 Office 574/234-4003 ■ 800/594-4003 • Fax 574/234-4119 Office 269/471-3010 • Fax 269/471-7237 q:AREA JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 46601 (574)235-9571 - COO Wednesday,November 21,2012 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Swiggard Properties, LLC to zone from GI General Industrial District to GB General Business District,property located at 4626 Burnett Drive,City of South Bend-APC#2654-12. Dear Council Members: I hereby Certify that the above referenced ordinance of Swiggard Properties, LLC was legally advertised on Thursday, November 08,2012 and that the Area Plan Commission at its public hearing on Tuesday, November 20,2012 took the following action: Upon a motion by Karl King, being seconded by Phil Sutton and unanimously carried,the proposed ordinance of Swiggard Properties, LLC to zone from GI General Industrial District to GB General Business District, property located at 4626 Burnett Drive,City of South Bend, is sent to the Common Council with a favorable recommendation. The rezoning to GB General Business District will allow the site to host businesses that can co-exist within a small,mixed-use industrial park. 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, elthot W/ 994.444.: ohn W. Byorni Attachment CC: Swiggard Properties, LLC Pet Refuge Filed i -1.i Office Danch Hamer&Associates NOV 2 2012 JOtilk CITY CLERK,SOUTH REND,IN SERVING:ST.JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND www.stlosephcountyindiana.corn/Areaplan Staff Report I 1/8/2012 APC# 2654-12 Owner: Swiggard Properties, LLC Location: 4626 Burnett Drive South Bend 46614 Jurisdiction: City of South Bend Public Hearing Date: 11/20/2012 Requested Action: The petitioner is requesting a zone change from GI General Industrial District to GB General Business District to allow a kennel with outdoor runs,and three variances from the development standards. Land Uses and Zoning: On site On site is an existing industrial building. North: To the north is Silverline Molds zoned G1 General Industrial District. East: To the east is Kodiak Range zoned GI General Industrial District. South: To the south is Michiana Restoration and City Awning zoned GI General Industrial District. West: To the west is All Secure Self Storage zoned GI General Industrial District. District Uses and Development Standards: The"GB" General Business District is established to provide a location for those retail sales and service functions whose operations are typically characterized by: outdoor display or sales of merchandise; major repair of motor vehicles; commercial amusement and recreational activities; or, activities or operations conducted in structures which are not completely enclosed. The types of uses found in the GB District are often brightly lighted and noisy. Special attention should be paid to buffering whenever this district is located adjacent to any residential district or residential uses. Site Plan Description: The total area is 1.24 acres. There is an existing 12,000 square foot building covering 22%of the site. There are 15 parking spaces, ten to the north of the building and five to the south.The northeast corner of the site will be fenced. Access is from Burnett drive on the south and west. Zoning and Land Use History And Trends: In 1974,this area was rezoned to heavy industrial. • Traffic and Transportation Considerations: Burnett Drive is a two lane road with access to Ireland Road. Utilities: The site will be served by public water and public sewer. APC# 2654-12 Page 1 of 3 Staff Report 1 1/8/2012 Agency Comments: The Department of Community and Economic Development gave a favorable recommendation. The City Engineer had no comments. Since the western quarter of the site is located in a floodplain,the Indiana Department of Natural Resources requires written approval for any type of construction, excavation,or filling in or on a floodway. Staff Comments: This is a combined public hearing which includes a rezoning and three variances. The Commission will forward the rezoning to the Council with or without a recommendation,and either approve or deny the variances. The petitioner is requesting the following 3 variances: I)from the required perimeter trees at a rate of one (I) over-story deciduous trees every forty (40)feet to a maximum spacing of eighty(80)feet on center along Burnett Drive and no additional perimeter trees along the north or east property lines; 2)from the required 24 foot aisle way in the north and south parking area to a minimum of 16.5 feet; 3)from the required 38 parking spaces to a minimum of 15 spaces. Commitments: No commitments are proposed. Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603: I. Comprehensive Plan: Policy Plan: City Plan,South Bend Comprehensive Plan (November 2006) Objective ED 1.2 Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The Future Land Use Map identifies this area as Heavy Industrial. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: This area is an established industrial park, with a mix of uses like storage, truck terminal, contractors and medical support businesses. 3. Most Desirable Use: The most desirable use is one that can blend into the existing industrial park. 4. Conservation of Property Values: Due to the mixed use character of the industrial park, surrounding property values should not be affected. APC# 2654-12 Page 2 of 3 Staff Report 11/8/2012 5. Responsible Development And Growth: It is responsible development and growth to allow compatible businesses to move into an established mixed use industrial park. Recommendation: Based on information available prior to the public hearing the staff recommends that the petition be sent to the Common Council with a favorable recommendation;and that the three variances be approved,as submitted. Analysis: The rezoning to GB General Industrial District will allow the site to host businesses that can co- exist within a small,mixed-use industrial park. The variances meet the standards for approval by accommodating the unusual siting of the existing building on the lot. • APC# 2654-12 Page 3 of 3 iM: • • g'. . c 0 • • • • C� • • St Joseph Valley orSt Joseph Valley Rezoning from: "GI" GENERAL INDUSTRIAL DISTRICT to "GB" GENERAL BUSINESS DISTRICT N ZONING CLASSIFICATION ;. COUNTY"M" MANUFACTURING INDUSTRIAL DISTRICT s le SOUTH BEND"CB"COMMUNITY BUSINESS DISTRICT inch = 300 feet SOUTH BEND"LI" LIGHT INDUSTRIAL DISTRICT SOUTH BEND"GI" GENERAL INDUSTRIAL DISTRICT APC # 2654-12 SQX,C051/4-- - 0 6 ( ORDINANCE NO. • AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2012 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances #10124-11 and #10125-11,passed 10/10/11) which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2012. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2012, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of , 2012, at o'clock . m. Mayor, City of South B j@@��ndianaa Clerk Office PLIDLIC ON -5 Z012 3 rd PASSED CITY CLERK,SO FEND,ON • m' i C�: m N E, 1 -0 0 en d oI o 'L 0• :_M :d: , .@ : '0.0. n c' !C: r C 017: U > on te N N LN ° c "�ML T 0 p m p p ... to '.r m N b O ° 3 0 m.0 N >O O M o O o N C !0 lb- c' o 2''',- 2 o •. c E'> of c' to 04t : n �. O O a .. U N.°_ O'.N .p m N 0 0E.% @ C m MM O r > 0 a .� .° n w c E o o y. LL o a a o. c',m m E"> ,.° m cA m m' c w @.�'., Yo T: : o. '.M , C' 0'. 0 0 o,c Y '� >••'.'.F!!!,): 6'2 ai N 3 0 1 a a j O m o,m m i c o d I C. 1 -0 .:N��'1 c E'm oI 'd -0•o U I .L n :v Tn J °rl.nl :0.3 dt! d , ION: •m, 1E E E Ei m m ° N O 'm 1 a)i s J C % !c I 10 m ,'O-0 m1_o I LL I O 0@ 1 (n O O ] , _ U m 01 ', �!,, ,2 : '2 0 ;"U d. ;3 c c▪' j2@ m °'� �: x'2° W w1 I>, Id ro aLi,mi. 1 :a V, V 6943. ,0,,, 1 a':E m 0 ,c_ _ 'm.E 0 >Ic0>. m m-,Llin N.0 o ° a '0 0 0 0 I� 'I� I°o'b N O', p, �o :,l o c N ,m c •> '�,m~ „o;. N n m .- ..T :0,31---,l I O.N: !-0,0 C: :,'C,co m c I ,o :5: I ,,�• -) !�''<O. i� N:3 E N. !° > O ! @ cro; :OOF- I� 0,0:;L y,OI O p. 1-° `Y Y� ,o •y iAte, ]: N ,t0 31 O L c m U O° m I',15.,,,,E c .Z C O'O:3 T N i N n °I '3 3 3 31 !o :a°) :I O; O:NIN :W ,a"C C V! ° 1 '�1 ••N EJ :;-I'O - ''00 o1-;a),U'O 1CIC1, C'1 @' m. !@ ° .. .m:m 'A m m m O o o. @-0 r� m o c :� d 0 d' ;m u o` �':@O■ :0 L„2.°), a D 0MLL 0a EI@ 0.O 0 101 0' o` '>.T 0,>. 'Cl , 1 IT :U ,VN :N •N: I� '10'0 '.EN co a - 0 .01100' °I=� 0.:0 CO:i,o. 5,5 C, OOOI 0 OI'o! l=1 dj [0 0 ° C r C'N .\I U U -0,7:7'.' 0 C .'4: 'L 0.0_:j,.C T ,.0-3p N I2!� U N,, n�0',: O.' E 0 E d,a 0: 1 U I 1 m'1 O 0 oI C' O -:Nim 012.13 c':vin 5:=- 0-,to 'N,O :� na'U!Ecl>, ':,V,11 E,Zrnl •m2: aEin olo.'nan 01 a!- lu '�: 0,0,0 o�n+._ m 1 "CT �C ?co O m O.- C ,:nic @ � IA 0 Ya a!CIO O @ !ca 01 •.t2. IU,�'I y!,.; °'coil L.L L'O':-. :O !.01 .L� of o:a 'a'm :L a; IZ c x.Ug,>':L c �;m !c, c:°: 2.l tAU�vo co t1o� Ic 2 'ai w @ '-c:U C 0.0 ',,� 7 o12:m 0; _ ,O of_:� N:O J'f>a !0i.2 of c O o OI 0.@ n C.0 o to ,(n T.0 m1@ C. L.a:O O O O Lino p '-O-LE a i' 1 @-°• 'E � 3 m-0 '�j E;c' E to Immmm.°'O ° �> WI ':pi E �'1c-- ° 8!8,',T, 0 0 0 E O ;0'00 I f0 n 0.C ° i.-E: ,-o:V 0 C 3 0' ;2i 0 o o i C,I K IX O: co 10 0 : R °'O 2 '1 0 E':F'I O N ;',7,:.u `o)c 1 :2,0,a'.CIS U 0'LL >.LL O�N X V 1 0 Ie '-.O1�L L:L E:o@ 1° 0 1 011 W 0'E y rno>'i.� �,11a i4,lrn- jo,'2 'O tn1 :0115:,°,410.0 �,o,u c 10!o E'@f 10-10)1 1r[.:dl.§- 313 3 F!•.5;3. 1.o c• :0: C1) :.o-°-;-;o) ,�n0 a2. 1 > : 0: j :D ''o a.o m'I CIT 2T:m 1d m:a �: ',;,;§! 'E'- 1 c.>c1 15'.0 of .t-, 0 DI CI CIS 'U!00 :o o :E E x I� 10mx 0 �.:o 010 a• ).m o.E' UI N.I °.,c o 0 0 o.c > I 0 :a) C .=,0-O 2 u'�,� :o,¢ � o m E ,. rn, :2 c m;2:0't o:C:n @a c'Im '4I : E-> (t.',.t;m m ac)-'a i3 o 5I N,O 0 0.0 •G O 2` I P C C @ L n;C U IL 0 °•W:U 0 2" O n n n n 0).@ 0 I•w d,o :0 'o E a 10 ,_ o c ;`o)-°�:E'er co c E:5 a E:0 1aa•0; w m, 'c `0 :0 -10'. c'0'O OO1^-' W:N ° ;,E,'''@ 001 O r2..,t1,2--.-03.O:LC)T O:.0• Lam'' y: > > >':> > > 0 > ':0m --: •3 0 J � 0 • : O a o m C w:O 0 0: 0 x :0 U C 2` 0 0 0 0 O,O.T.T O :] 0 :I.:. CO ',L 4 7615:= ,O S' m I� a) •U !P,i-2: i0)b100 In 1- O J O 0 0,i @ E!i U OI UI�I U '., 1(nF-= c c.0 :0 a O cn14 i :,�3 ..;d O !J ,0 4,c2.D -0 co,co U in 0''4o W I-d,,;. OI O 2,2,2.:21-,L LIL :O L 'Q¢0 1 ::aJ:•m:n0EE 2. c @LCO�.. 00rnv n@ aE > O n n @ C 0,2100@ -O. > L T>.0 01>'O,E C > @O 000 U•d d o r 00 m E m n m o - @•A n-0 a) @ °''o o ' L. t o'o 0,, ,-3:a :MOM O ,,,,:s.0, 'O o o. :o O O .0 c0 'V 5 0 0 O O O A h'0 „,,,-,E--„,. O'O O 0 o,010 0 0 010 0 0 '10 O OI ,OI co m 4, 0 0 0 0 00) '0 O 0 O•0 '010 : :,M MI :M M A 0.C0 O 00 to C(0 W: :0:0 00 N C C C).N M N'0lO O ;0 0 :O N a d N tOa '0'0I00 - ,10:0 0 :.010 :o O 'N N cp•N O 010 A. 0(0) a 0' 0 W,01 101 N•N.IOI:O t0 !,p p :'ta?II C 'C 9 m d :'010•c7.M.L-...,!.,_-_.•W• .,p't0 N• :N N :,M M INN N'-'1 N O u',c"1 nc” S V:V: N" •-N '0 0 N,01 DI, m 7 lT (.0 _ o: . N ,. ! I 0 ..- _� D.Z N:N A 0 CD CO MOO ,,04 0 N O ;M M ,9!9!9'9,9:919 MO 0.).c,0 N M��,O M 9• M 0 O O O O 0''O O O M'M c0. :M 0 :-9: N W ,S} .O M:M M M 0 M ,M,M N 1'i'-'? :V'M I :7 M V M,V l.M M,V'M M M V M, M 7 :7i N:N'.M ,c0.- V'. N C E.d 'M'1,"t0(0 t0!.M M':N N 'C N •n :to to 10)0 0.00000000 0 10 N M M, 0 0:0 0 0 0;0:0 0 iN CO„ I 'C: 0 0 ° E a VV00 :a":aV 'ad' 'c0c0 , av �a0V,V-aaaa'V'aV-O' 0a' 0''. V0000Ola.a0- 'oc0 .a 0 ° O A:A N.N'(V :'o 0.0 0 'to A CO:.DO O c0 N O O CO 04 04 O tO 0 0 �o N to':N N :0,6. O: X V O A:A!O O O O O O O O •0 0 :O .- 0 0 O O: O'.- 0 O O:0-o 0 0 N <Z 0;c0 0 o 0'c0 _a 0 (D:-4- a 0 0 0 00,000 CO(0-0'[01.CO 0' •u)C. (O'<O CO c0 0.0 00 CO'.CO 0 0 0: 0 0;0100,0,9 o'oo ^o 00• ^ 000000000.00,0 00 0,0 0000000;00 00 0 Vr0 0 0 0 V 0 :^ , '7 a) W W N N N'N 0,0,N N N N N N : N N(V N 01:01 N N 0, O 0 o O 0:0,0 OIO O-o O O O 0I t0 N N N CO N:.CV N N N CO N N 04 O O O O 04 N N'N 01 2 01:01:N N N V:7 O'7 C:V .- ':A A N N N N N N N N N N N'N N N N N N N N N N•N N O O 0 ° T�T T T T'T O ',0 ON N Y 0 .0 0. 0 Y YY : CO CO , O g @ n 12.n o., � o:� r2. w !0 0 , '3°� 4,E,,y d O E:x.d d E: - ".2.:C:2' .c'C d d a3i'm aE aE•E'E m. 3 3 'cmi. L Z 5'> > 015;5 'm' 'o', '-} -'.o o'' 1Z @.@, @ @: '_ o) 0.. 2,2 z,z;m c.Z.Z 'O.,o :m @ 0❑. ;0 F-.5�:5 5 5�':5 > SCI. E c§:§:§'§:§'§'§m:E E E E'Ei E '.�� Id'. ,� ° Y Y Y co Rem.. 0',0,00:0!.0 2`. ° a,a. ° 0 LE E• E E `` @.@- C V c L:L.L L:L!L m m .c m c c. .0 E c:Ec c.c.E c c c E -0-0 3.3 , c m. co w ° o,o o;o;o'o 'co, c� E E. .c c m., 0'-,,,,� m.,:,-,,w: �•2 c c 2'``T.Z'�.�2'2` - @ a L. ;�''-a,-).-) Y: ' :�. I¢¢' 313' :g N: i0) . '�, ” _ � m'@.@ @;@ @.@ m m ,to 0 ¢, w a I N O• m 2 °'.2 , 5 5: '5 '5 > i. 2 c 0 c; N !a f m 0 m t d 0) c2. c N E C E O _ a)m O, a):Z E c n :t2. m E .E E' E.E• E- c . • Ec .y 6 n n c -O:U W C n' O a) ] m P.O 2.m 'C m 8 :c . C o,'� z :� Ev ' 'W.m ''':2 .m:m .@ y. i QS 'nylu NQ W aw to Q.N 0 n v O,a. tr. 26 X n@ w a8 0- > >: x 'm:_ � ' 'n V 0 ° °- m wo,vm a :U�@! 'Q0 O W a £ 706 0 od.a oj a5 o�Qj' c m '5° On ,D'c 0 o, _ a ' @a m @d To O. cm LL c o• a6 aif •F F- ; D 1d.5• W:Q :ztn a) ' @ -0 •:c @ . ;@ c ! o 5 u;dam ° E.a E'd'� dm ';i3'm � ,p ° 0•■ m m 6 .•Iri'd yE a, E E.2o535• 0 o! 0 ° 0:c o w 0 0 L 2.: 'o o '5 @ @£ m i @'L To,@-c:--,To: o m L y: "Tc W O W O ~ v @ I o.W -O Q; m a O'm O Cr, 'O O U O :c.z O m:m Oz :O o_:z' U w w w _ l mi0= m x 'M,Ia • T, °c cc '� EE d- m a'i m'm aNi• 0 0 O.O.: U U. it 11 Ill :m E .� : : _ U O _U _U U u 1 E N y' Idia), �'C C C m m' 2 2 2 2 2 2 r E o,of 0;1-1-; o o .0 0 0: - a) - n d m:a) o a) :2 0 @ @ U1UiU c.0 C) c`K:0:2:2. :O)(U Q.!LL ....... L7 000000 n n n 0 0 a- n) C). °c2. n.n�U),In�W V) O N• m; p °aIm @ @Im w '�'w ,dd @@ 0H:O O'OOO O:O.00 m' � dd: -Cac)'-.:N m ac) a0:0) 0 Id 06 '�1, 3�!mEE,c Ec •mc c1c -C9 na' 2:ofU2:o:0,00•E0 0 ° E E'EE'EE Ec • o-E - _ cE o-n,00E,ann n. 'o ,-0, T�:a °',°;'rn '>��E E'. E E. -- :00. �3_ �..`m:d.°!o �,,�'m d n @ : I N c m-0-0 ]•,° N'N o-- c C.c,c C'c c C - F5,33,-,1 01 0. a J'0-0 O O■"31'0- Cr O E I U'UO ci c W �.¢.¢ :x:¢ '33 I I WD,W W:W'W W:W,W'WW D'. ; '3 3 W-W LL'W'2'-�W-W'w:w 'O¢ :1011 o.0 m • • ! 'LLLL ia1 a .a a a a-a;a a a a"0:17 a a-0,V-0-0 ar-o:a a 'c c m C.C :C,C C C.C',C I C C I C I C C C r ='=,= = = = =:= = • :LL IO 1a!a ',7:01 °'O,0:010'0,3:C 3! > >.3I DI p!=1>I> > is•@ 0 0 C,j :LL, LL LLILL:I0 LL LL;LLILL LL LL . LLILL;LL,LL LL LL,LL;LL LL ;a:!0: @I w : U:U LL I LL o N O 0 y o o,N , 0 0,0:N 010,0:0:0 n n• :n c c o,,0 0 a) a);0;0 o m,.0 d a) ; :8.11318,'� 0 0 0 o d 100, 'ml CO .-010-0 ;-0!-0 m m '..,2.'w uo o u u.y V o U.0 U V as aa' - u,. o u co, iU d E -01-0'-0-00..0 DI Ic:o :N.o _7!co, '2�'2 2 2 • 2 2 0 3 > >. 2.2 2 2 212''2 2 Y 'ia). } @ CCCIC C:C: ,LL:LLLL LLLL .O 0,01 a) 00,0000.000: 0,0 ea); a) 0:N0 15 I°,S!> > >',,', I 22 - 'W'2 o:Vlfncncncnco!u):fnfnolco LLLL .LLLL', 1 ,00 '.,n, N Z LLLL ILL LL LL-LL @ @:2• 1 ;TT-TO : - N(01'(0111011(2.(n L7 In/n _>�i :@. y= CC Ica @ @ @ @:N @m@,N @m 0m mNI @ @NR @ @ @N@ » 11:'l N C F-:HiF- -HF, 00'.0 :CC ON OIc: : , 1� 0 ,'O c - 00:0 ,C c '0 0 E.E.E.E c,c c c 0,0 c c c!C c c c c c c: c 0 0.0 c 010:c c ° 0,000010'. o a,co �0;a) i0 0 '.010 :O,N m m 0;a);o o a)'a) a) 0. 0:0' , d 0: d 0 a):m 0I 01 di 010 @I@ :o': U. ,UIUiU U UW U` U':O 0,U` :x>x '2:2 U U 0!0:0'0 U UIU:U U U: U',0. ;00 1 U U.UiL)U U:U!U U. '!3,3 ,01 ! M..1,•r�: I a'.i':0'.'.._�c R a)Q` I_'i'':; IS.r . ,O. •,:,� .0 !' (M V 0' N CD Cn 10,0 : O :0;0; ; ; jR c , N nIU ,O, .pN, ,. :L'o '°a ;a`� 0 ,r C y 0UU o.Nc,l:°�a:;�0 I'0-a 1�pZ 0N_`W,'1 oam;i_'l 0LL'',a x a 00 a8 1 0 ��o IC C 0 I m LLU w C, 'i0m o'i,.0 w=o�o"a a O 0.. oH= • • . ? . 1 • D; O O. • V M ..E: .c: 00,(01: 1. _a hi - ''� 'N c l r r :oi I :oi1N1 '• : E o D a) pi}Y N N @ N C C 0 0, 3' a a u E E N N N D 0 N N. � � .' J J E Ecp J O) P.O: D. H U J. (0j.OU O f .0 @ @.@ a> o a> c.Ln 'N : :. 'CIS '0 N N.o:D p' o . HI'm ' i° rn oo!v of . . j moa @ loo I ';3 ! Z.a'';Ew-o' :o Jo N.E: 0 coma' E'er cl 81N w :M.,E @lo! o I. "= .-. 3:mj ID r r @ @!@:N E D. ;a`I it,'.oiy','45,D 'o o Co l clo IN10-' ! :.C,..7: r d'. '@a o1Dia?ti ! N'�!N';� o o: :w o Gro,o o is J'nlo:c @iO,ol� '' rnrn, id a) C N '&1'12:y J @ >:. :_. IL @Ic:-.2, .@ N .E r L'' 0 0 0.0 O O E. r IN 7 &I L@ 0O@ :''. '''-,-c,,,:O O '-9-1 O E,L I N O J C 2,1.21 J , 01,01-.8 E : 1 O.O U O L L o @100.T.0-,C ,a l : @ @ @�'a) 8,-.=: .JNj=.a),,0o iC-'=,. N plC @ �@',@NN DD- 0 N•O;p @ N O O.TI -0 ',.a D :TIC'OJ 'L N N CIN C IN O a)IN o N N ton 1 a :E'y C C@ N I c ':p N @ 1'6:N@ E' pi'L@ I N".0=.E1 a j 2:O I@ N I a> @ N L N I o ,t:.--12.-1c,m; r : 1ly'E c > loy 21" Ei a> L @ @ -1@ o Xr 81011 o) ga> o d. :212 n 'o■,t'.g,,,,-F.:p1 ILr N. D ,-0.m @ N: lyL N N N::O N - '!E O O,EiO JD. U �`;CIL 'C C C' O.O. U !O :0_P2 &",:c1 U _) 31 r U_N, 2,2i :d L. L @ L @ 3:;,0IL @.a.'Di'@i3O U j a w;>:52, !0 ca a a I 1010 C 1D .:@ I 0121.94;01-0, . 0l C@ @'c C ea,N:3,-1B,' I.0 0 n j g a D p,,-0,-".5 I Y r r I@ O U 'n'n n n'. o d C I .d•a :'ni0 0'0,a @ E1 O c o c o:Tm T o @ .•u 1nl(a @Ia @ 3 @ @'@im :o;o 0 o J J -c EI E.E E E '°a-' O T.c;N m o :@ p_ :0 J to :E o N N S./I.:4,3 E'oil: r !p o o. .o o `v to c_crc vi oe Cr'.rn c c c @ N E D 411 @ N L N > >..0;>'-o,> r O.O,O 'C a>•a>'C C a- U:N j a @,N:0,0:2: ,-0 N 1.- 0,0 0'.- ;01 O.'E o'C @.a O ;D O 0'-o,Oo O. V .'E I T_T T>. d. r a) N N aI N N :: co ., VElN 'D 2.0-,n rn',:,0,7_-:ol. @1 '.m v ,75;.0,-01-0.0v'b >,-- 3 > >'> > >'. ! ... n, !o_ Io y,V @ :o o' :o N:D.a'0 @ o c 0100,v dl., a1 -:clo o cl0 f>0'ro l o"0 0 0 v 1010 0,0 0 0 , I2 .0 .:.(n 0,,,, IT '1'� d .o vial c 3 3 .3Ic of 3 -rnN '°rN'°iN _ l I,_' 1:51:51'51:5 o `v, v'foil-roil.oily 0• 'o E N O.N„'OI ci>iC T@ ,,,,E),„ I`rJ- C.Ir CiD O @,f N..w..0,d >•;, '1- N C C NIc1JiC' L >I>I1> 0.F. o a)I >O;U'. a) a>;NiN N N' :r■w ,.1 w @''01 N� m '°' -C '1-I J C C J� J I'O J 1 d S -I J! i� 7 J`�L..°',r I G I V � V '0 0 0 of •0!0! D C C,C!C c I Q o2'rnm E:voo ENO - ,�oEojw @nnl2nQ.w;.Qn :c EE c1ED.E NOplo :odNN' o : C }j >O:" C• m�0-:JN E)C '@N0 :E Oy a'5'N1ny dE 2,y NOUN F,--g,01. mC..a1.p «OJJ NN: Y > > > >I •'_O •.t-, N.a m@ c f2:(`L 5 J 1 ;> °'l 0•.o"m o „,:,,s1,,,„a1 p' _m i 0:0,, v o o l t5,,_.=!,....: c c c l c`c'°c c; : o a), v 8!8!8,8;0 !o•U:ca 43 o. a>:O. @o O > C .NUC_ 1C aaj LN',01,, "nN N'n1'a) 'N NNNI a) QdO.d' l''12'C : > U01� 0 L @ N o O 0,01 0 O O ,N .N V!El.. O 'Q'O N 1 8.2' I,E101 0;0;L'112.0'`7,U;ry U.j..•210.V I C I U @ C U C I U U f_91 21 U o o N N E a>,@ : N :` ` N :n c LLL:N-N..O'y.iN1 N 1E'31, •� @ V:CC'J > @,DO.La.'C @I a•y.'j N IDI @ @ia,:@ T @ @1 @ @I@ nn n E_ C C' 1' 92,0,0:0I c,0 r Iaaj cola,@ a) Co Ti ,oO'r0 O O O o' C ^0 0.N @IU U U LL LL le y O ` 0 N;fp:O O,fO 0 0 0 0 ;0 O O .O 0 O 0.0:0 0 0;00 010,00 0 O 'O 0 OOIo O O O; O O O:•O O 0,00 O O 0,. O O 0; O O 0,0 O O;O Ws Z J U U m U U U U(n U(n LL a_.U U _ I@ @ co J J '0 0 0 0 fn f0 0'.0 0 0 0 0 0 0 0 0 0 O O O N'N N N 0 0 0:0 'O^0 0 O 0 0 O: 0 00:10 0 0 O. �O Co U O.-N M,c.:,_.1 rV N ,f0 O �'0J N^^V 0)(0',0:0'0 of(Oi(O''.O N- l-0 -I O.O O 0) : = NON- O'000'O! OOO 00,0,.000 O� Ir 0'10 0;0 c . 0 0 O'O O O C H O m C Q � �y� r : N,N d'V N.N. O 0 N!0 0 M : 0 V'N'.v Vv M .C-3' a) C mm 0 of N a m r I o C V � � � I � I 1 I ; f N O IJJ 1 1 o co d'0 0 M 0.01 M m,pV M ;•N M 0;� I V'0 N'.N N N f0 0 1 0.-.-:N 0. - N M O•r0 4 O O:O O 0 O 'OHO O.O O: �:O:ro:O,.-O 0 N r :9:9 O (p 3 Q O'N O N O 0:0.- .O O O o (O;N,.-.- .,-,c7 , � BOO O OO 1� O O Q) w N'M f9 N:O ,-1.-',-',.2,,0 0.�fD`- 'N O M M- iM 0 M O O,-,-17 :N 0 M r CO 0; O 0•N N O :CJ Z.} ;O M a_C)M d''1",‘"'M 'N N! 'N M M,M).M M i.N M ',N N. �N M,_ ,d'r M V M: R M: N IM M M: '- C C m N 0,0 N 0 0.0,ii' :8,6: :f0',,N N fo M�,N f0 t0 f-,'-N N f0;f0 t0 I� N.(V N N N N N N N N N(V N V V,,V V o'o c(d' :O O ,7- ;M M M M;M M M' N N N';N N,N N N N N N N N•N N N IN U N C c `9,9'9'9 9(o.(p co a s v d o a;o v a I' q v a';o a a v v a•v q a g a v 1- a'o v a a v a,a d d V y NU M 7'N O O 4' V M'-:A I�. f� 0 0 0,0,0 0 0' .,--1.0-N:M 'NIN N N' N X U 0(O 0(O(O 0 0 0 O O 0;0 0 0 0 0 0 OO O O O O O O 0 0'0 :8 8:&`8''0 O' 0 0 0 0 0.0 O O 0 0 Q Z 0 V'7 0 V 0 0 d' '.0 0 I(N 0 N N N N N N N-.N N N-N:N N O 0(o.0.0 O-(0 ,p O'w 0 10 0 0 0 0 0 0 0,0 0 0 0, C 0 0'0 O O 0.0 O '7 7 "7:71'7'7;7 - r 19:9:9.9 9.919 0 9'9 0 :O 9:9 O 9,9 9:9.9:9:9'9 d 0 0,0.0,0,0,0.0' 10 N N N CV N N . -'0 0.W(0 0: 0 0) '0 . 0 0 0(0(o fD 0'.,D 0 'N N O;O O O O.O O O';O'O<0.0 0∎O O O O•0:0 O Q.° 0 0 0 0 N N N N N N O O_O:_O.-•O_ ;O : : . Y.1.2'1_ '.YY..Y: c. @ '2=c%(a 2.2:k2. a @ u 0 Q d E U U,L L L L,L L .L�L U -N T T T T T I T T T'T T T T i o T o T 0 0 : U @ r U U `."@@ U U 2:2'm E E .o @ mm •E 2 ' '@ @@ @•fa @ @•@ n n n n n n n.n,�:H a n 2,12 n � n nlu)� ; '33 3 Y;3 3 3 3 'aw O v MI2. M2IM 2 ,2,2 a'a a .JJ ,Ji'J J J J'J J ''( ( w w O,O'O'O y' ' i yr 0 ,@ y ;c; S2 .2'2.2:.E cL-L c •L0 T r T�r� Z'T``' T >-.L.: 'c 'E.1E E' 50!00 (n'000 .0 CO v (n0,0, 'O ( .0 C V C Or 0:0 O 0010 O O O ;@;@ @ @ @ @ @ @i@@ @ @ @@ @ 'H F HFv- a.) '-.D o CcC.0 -0.-0-0"0. D.D: Da arD 1D.aD w it, o -,,:-0 77,7 �� OO U U O!O O U.U.0 O o OO O 1-1-.1- N N'Na Dla D D Da D :m: o0 0 0 00:0 2o. r-, r d ` E ;o N .�. :2: ; : E 0.m.o a0 E .' rr1 _•a �, @ c:(n(n c u). a) n 1 o a) E E a> E. v1, w N v' v 1 'n 'n 22 a� na a >' 'o v o c Z 2!`>'1&E,'`>Ec c E aci c; ,n m v' u ,-.�V I w o c'E V d Co Co r - m m' Ec>•c Sv o: �, o E y an N O> 0 N o I'2 .-a:76:..6,, �ra', nw E.w°Nw cm ': :� . : u - E N(0: aH O LL nl N n n N'C (0 N : @ N U ,N @•0. C n«) C f,5 a(S : @ 3 > J J N N a' U J•D uD•E� oEQmv �cr r • • Jog Fr") S'-'=..- al'� i*5:N3N jo ,a ao > @2 'acl @ Q @ O O w 0'J C. N n °'-§-,?.._ C d O N O O.Q n :O @ :W @ '@ U;E.a`a a`,m m�1g3 c'� ,-n(no rn. voc=00. :- ooco.¢,o°i NNU:� E aci .acim .c(n�. ;vc : I(n c 0 D D''45,m D n:N' y:@• 'W.(.Q :d g!J:,,,-,1 J U ta'JO,@ ;,T,, @ @.UI 0 1'.C;J f0 ' 1 JIL fa 0)C!N;E o i D> v JLL..L J @,Flu) U - o @a> v E. v E.o E !E v E' I@ @-o:_ @ __. 'WJ 'W-O. WSUC71'UW : Via' @ i @.@_W'N.� or.N _ vm'OOmvO,2 �_n nLLaxO nx n.>wac90 n c7U nc7 to cn n:�,c) vJ C C:.C�C EE Cic C C 1- F O o'0:N o a>.o.a) o:o - IO E E E:E.E E E. ;E E J .•E y ,>,1.,7) aNi m a7,•aNi m :aa'i m 0 aci aci a0Y 0 0 0 d:m 0 ac) Y m • , > > g?:> >'> > > E'E E E E E E E E:o E o O,o E i0- @ @ @ @ @ m :Elc c c c •c c c EiE c c c ;c c c• c c 23:0 2.2 o:a) o v v, v a) 3 3:3,3 3.3 3 a) a>,a> o 'o N :ova).a> a>:a> .2 T T>.•>...T T?.T r«� 'V p'E o o o c E C ° o o m ",o v a> F F 17 E EE'E, !E E ',E E E:E E E Z 0:'`0 0 0 0 O O O p,p ' 'D a D D'D..:2':E: C.a r .a a ' C'a s rl a 0 C C C C C C = c .0 C :C'c C C.C C c;c.U:C'UU.0 !(n(n fnlln CO CO V) 1 ,, , 0'co:0 0. @-@ @ @:@ @:@ @• Q J 0.0:0 0 0 ❑ 'J J Ai w W W'l W;W W'w'.W-W W ' 'J J'J• Haan' n 0 '0 n 0,D a n &E.&E E E E:E. 1E'E @- @ @.m '.a8ww o6(di(d o6 a>,0!0 o' ,0 r o N'o1N m•o E E E E E E.E E ;E'E' a�-c>-oo a:v-oo a.a_a.E-op E'.E£'-o to n nal-2-2 n• •co),col u v 'O:O' O' 'O O; ;O O'O,0.0 0 ,Y -- r _. - C C.E.O •J J 0 0;J J 0 p l p;-p'C d.d'N o o 2 'a) N N,N `J N 0 0 0'0 0.O'O.0 0'O 0 - 'LE It it _'a O O O'O O O O O�C O -' - ; _ LL LLLL LL ;LLLL c�U.c�;U c),c� c� c�,a c�a a•a'c) U;c�U c)c� a a;a a ,. _. '-- V UU U U U .0 U I LLLL it CIC 13 313 3!33 3l 1 Imo (i .0 C L L L!.0.0 ;J J 1 1 D N N:N N @:.@ 1 i.-;.--.-,.-'1.-',.-0'm 0), 0 -U U 1 O lL 0 0 0,0 0 0) 0 a) I 1 rn 0,IT o•o•m'm m n'0- 1 2'210 S SS S 1 l -'1� 1 la•@ @ @I @ @@ @:@ arDD Da DDDa!DaaaD.c a)rol000ma) iaaDic d O O 'C'C I C C C C C C C'C C C o o o 'I D D a D'a D I d V @ @ @@ @ @ @ @ ' -. J•J J JrJ J J J J:J J J J J:J U,U•U VI(,> 'C C C C @ @� @ m N ;C C C'C'C C� U } Z 0 0i 0>.CA O):0,(Dio .b-b- a a u 1u.LL'LL LL-LL'LL,LL LL.LL,a a,a I N�NI NI NI Nr d N 'LL;LL:LL u-, '21.> U,a a'a,Lo L l '( N.cc-010 m,m @ @I�'',� @ @ @'m @ @ @ ml@ 1>'»»I» fal@ (0(0 <3<3<3<3 r r i(O@ Co Co CO � 06 0 D Ym.� •°▪ Y `.y :did m o:o'o 0 0 o.o!vlo v,o'o 1:211- 00,00 C O!O C C C C C 1 C C C C C C C G:C'C -01 0 O O:O'O o ;2'2' :o 0 o l N'•O N N N to-.00!0 @1 @'@'@ WIW :010 a) o,cu, OIN OI cu;a) ool o d '0!0000,00 Id a):o'1 cu' 2M[2(n I @@ i0I 01Cr C:'CIC ,Y•u. a a;.n..a1a a4a.a 'ui<Iw u �C ;o 0 of or o v ;UU: c9rc9.C7rC9 -�i ��,���� IC7�U'!C7:V" Iw'w'w w !C71c9;C9!C�1c9.c9 is • 1 1 1 1 ; I I I I ! . I 1 ` f Ij I ! � I l 1 111111 1 1 I I I I I 1 !1 1 l 1 1 I 1! 1 1 I 1 ' I l i I : •0 i I 1 11 I i i1 I llI 1 I I I 1 I l 1 I 1 1 1 a ti INit 2 E. j i ' �1 mm m 0 .▪ 1 1 1 • o I 1N l ' I 0 I 1 1 l Im .-0.-0) -0 , ! I> I aa a olo o d oC 1 1 d 1 I l ' d a 2i0 l 1 ! } 2 I 1212 c c:. • 1 I 1 o: a l 21 2- ° o ! I I 80 o cl c ` c d E , - I l r m t § §2' 84 1 1 I . mIcol 01of ` m 0 c0 .C-mmd- d j o i 1 I 1 0 lm m'alaK a m 1 1 1 1 1�> Eu ° °I y I L o 1 I I I 1 I l I .Y1 0 0 a.5- .0-,2,.$ 21, N " I l l- 0 A `I t 0 I� d1 Nv$vc I c 0 00 1 1 I 1 1 + l • V ILt11 ; ' o I Ii 1 HIHL o 8'niddk ¢ i NV d d.' d d d i m O C nin0 n a I T 1 a cv a I y 2 22.W N ul u .4 22« y1.2 1 « N N NI N 8 8,81 1NIN181N1 c ❑I , o c E d!' I 2 2' ° l I o d u I 'nl I t ''- 1 ; alaa o a a s¢I a aaa l al '0)7 + L m f o;WS. ' n 0 i°, I lc C n 1-1 1 1 •ahm O y m' I--( I lmmm O m1 a d .E alcUd c= I 1 6 0 1dd I)1 n o-o.... waa. n .aa la d„d i g 0a0 N N O O a m 0 0 N 1 N_I_-> o N 0 l'6 o d«N1 N UIUIU I 83610703.8:31, m ml E p a y myy E -- i•rnI•31 g,gca @° 01 :g1a0'0.fA E E 1 E1v E E E∎E E aElE!E f E'o co n E 1d 0 dm d d o 0 n.nls 1a a m = d (0 alo1nD.242 ° 00'd 21 d 72 o d c t 1 l y • h h-aia l � a !�tt o,E 0 14(o ool� Y OOP0a«..,.. d.0 c c Q,2d"" @ 2 O y2NNN . O N1LL.? NIN N mlmloN Q 1101N07Of.0m O >1>Iyd d(d aIyN-c N u AR'010:=1= 2"d 0 1i`1` m1y101> >1310 vIaIa10 1'0O•O(D'0 !'Ol'Ol-01.013 w v.612.0 xdlU aa o ° mm nI 7I DI tO E ua ( y 3l> >1= z Io a� D ��a_aim =al a l�lni m Q_ aa l d nD d I d md mIO �d I I i�lm d« 10 1 d d ld m y C =,N IN2 �C_notoNNN ° mlm mlmvms >l 44l��m1mmm_ mm m mmm mm OT__ N �_ amo o>o x�_ mlmm �Ua ala ao;zi �,md mm Imdmm Imolm mm; m0l0 l E 1 _ _• E r o-101,00 0 01Oi0 0 10 0 0 0 Oloje1alal 0 0 0 01010 0-2;-1-!-- I-olol-o O O 10 100,0 1,010010 0, tow m d-^o181g8 0 0 0 014 00 o`cc,'w 80I0101000 08 0.0IO 88 8•81818O. I 81818 0000.oOo:0000I 9.9-15°-1°4°1°-1°-1°-1°-1°. - C d MMN O 0 W 0M N.7 M !-- 0� � , !'--- N WIN tlOIMI M nNc a a N r 10 N CO N- ' n N IN M,Nrcr,r- � N i.-lO 0 E , d N I i l ' I I l I i I I m I 1 tin• c of 1 : , . ,1 111 '1111 . , , ' II11 'IIIli II 1 I l I I 1111 ;1 '; ' '1 1 0 G) .z N�Ni�'Im V W M N O�N M n--�—_� ! 11 ' • 1 t�110,W 1 1 jV O�O� d'.OHO 'I ' 1 ' V O IJJ _ ..-____..- ..J_ .� _�—___.__-( A CO L 01010 O N fP 0 O oD1010 O O N M 010 010 N O O INI�IO OIWIO 012 I .N X10 NIN 0)10 010101 N'�IQ O '- O a' ....- 1,-. N NiM M MIVI?1 t 0 2121717171.7-N 7O N NININ IM MIMI.N NIN 10 N a1M 1N1NIN M O17i NININIMia 1 () a g E q vlala O�la 7 7 �I� �, N 211-1:.:1:14 M V O 717'710I(O1�INIW W1W I l7'I1I�I�1 I�1111.'NININ1TI1—tIV10 l I N x O Z °1-1°10 0 010 010 010 0 0 0 01o1o1ol0l0 0 0 0,0IoIoIololol010 018 l 101010 0 io o'oio!O;OIOIQ OIo!,o I I d a 7�I� �i��l�: '.2:2-1.17-141717 �(�!�I�I��I�1� l l 1,`?°I I' 1=�1�! 1�:�� �1�I l 7 7 1 1717 l I SIN 2 0 0 NIN 6 OI�',N o,0 0 0 0 010!0 0 0 0 0,=-7 0.1.1- 101-ol,00 0 0 0 010;010 0 0 o(oio o j o oio of 0 010 O'00olo1oio� II N NiNIN N"'N."NIN N�N N N N N NIN'N;N N N N N N1N1N 12121_2 NIN __ 1�,�1a 1�1a�1 '�'�I�,a_L , I I • - d I -1 i --- 1 Hip-1 !. 1 1 I-I I .0 `d E c C'c C t .1.1. . .1 1 c C c C c c,c l c l c l c C c t cIc c: c c c c 1 1 1.1. c 1 C I I C I C,C I C I C I C I C C C I C'C 1 • I• i dm 0000�0„ OOOOOOOOO O.0i 010000„ 010,0'010001 OI Oi01 10010,01I 100,00001010'00101 I l w E Z N dig)N d N'N N d did d N d Nldld N,o N d d o of N(o g)IdI N!Nlo,00 ldl d did f j io ioldlol dldl Ni N did N c'Ei Wm to u)• o U'U U U U UIU U U U1U U U U U1UIUlU!UIU U U U UICipplOpp,UIUIU O UIUIU jO1OIO UIUIUIU!U UIUIU I C d c I._._._I_ I I._.,_I t,_I._I =1_1_1_ 1 I__ ,-I I =I E m o m m mlm E m m m'm 0100 m m'm m 4 mjm m m 0 m'ml'fn 44 mlmlm.mlm 1 4444 1'fn1'mlmlm mimlmlm mlm m �-- IL U I , I I ! 1 �_' I I 1 I 1 1 11 I ! L:- N - -- • I 1 • I -- - 1 1_1___1___ _ —71 ! I to rn 1 I` I 1 • ni 1 ( 1 ! 1 1 l l l l l l '1 I 1 "LI :6 :010-m Iw,«.. o I 1 dlr' i I I I I 1 1 1 Iyl 1 1 1 CI da cl °-) I� 0 . 0-0 yl 1 ' ■ 1 nib I2 d 2 I ld 1 uy)Im1N 1 Im 1,121 1 E to UIhIUI 01 1 1 ! i 121.1=ZI I a LL 0 l a LL c 0, m U'C9 0 lays' >1C'o I 1 co 0' C �''d;c I d l d o 1 j 7 of dl IF Q a d d1LL�I 1 I :°- C ,rl a .5.1L. Z hI I I I . 1 I jw f"'' ' ,y. o lCld mmo-_I._ 2T li° Z` 1 “; �cnc, 'dlma°�t1 I Wlm cmd IW 15-1. .Y O Ik2m._I W n('o3 ct 1210 jLLl m o c; - IfJ;E1 i �!' ct 0' I R!E'm 0'lm cider fa >!� I j d b'�.S did c.- o m `o c - c er,p4p Q '01 N o gI U1.-HIca LL w olcq d,m, 4 fn a o1 °I I 1 0 jv1 d1U1 d I ' 1 51 81mi O' I sp oal..l Q17I`�kl,101 o,�a I 1 �, . . I E o LI oI=1 `m o N ml El ci •. . .v o N1 1 c c 1 1 : I W O Ei� I i 'DTs a, >=mlo `.61g d .gig)0-. 0 212 ol~IEIa ESLL orE cd)1 I -011'1-; Io'- I I@ Im81 I 1m N:'ml-`01 di a'co m1mla;=a1 1 I :-, .o °1a`i'caN'°oiacilommmma m> 21.)7midjUma°i) oo > o0.010m010110 10.e12. 1 1 In0y �-m°I1En!aa)I2Imi ' a-.� 't x,01.. o m a1mIU UIU U U m s1U m1a;0.u.00 m nl x c1U.C7;t9w-0.010.'C9 !O 0010101 1 IOia mlmlo-U!0)O mI�.U1 —— M. —.� 1 1 IIi 11 I 1 1 ! I I 1 Ls 1 1 1 I I 1 1 1 I I 11 I I i I I I 1 1] ? C c 1 I I I 1 1 1 1 11 11 11 1 I I i I R V j Ed 1 j III III IiI l ! 11 ' ! 1 ; 11 1 j ..a.,..,,....�__..,., Zz m 1 I 1 i l c I ,l 1 '°° • i 0 l l I ' � 1 ' i 1 1 11 i I1 1 1 1 I 1 YIN 22 0 21 N 2 2 2 N y 2 0 N l N I 2 0 0 0 N1 2 N1 21 0 01,0 0 YI21 N 2 2l 2 222Y2.Y21 N O Y 1Ylco 1�WIW y 1( 1O l-.- t- `I Y , ,, i l m10 a1aa a mLL1aalm a, a a a LLm a:a aa'a a a a1aLLLLmLL aQ a LL LLla LL LL,m ILLLLLLLL,LL m a aa I a1 — l ;�; I I171 •• „ 11 ; ; ;1 7-1 Fil I ; I l i ; - I I a l a a I 1 , a a - . i , o,-o■alo c vv alv v,o c a c a ala a;a v c o c o o oiv;v o1 I m m mi'm'l I c-_c m 1 m _ ml m m=m •..^^^+mwv. }o m SlCI C c C I C C IC, c O . C,c 0 3 O 3c c Sc d o c n O.ai n• n a 1a aal nlal n Q,Q a m l m m m ml ml ml m mi mm m LL ILLLL LL 1LL ILLiLL LL LL c LL t LLILLlWILLlLL1LLLLt LL LLILLILLILLIW dC c 1010'00 UUUUIUU UUUIU!U l C 0I C1C,C oColo010loy0 oO- 0 lC C oCL0 y o° oLC Lc lolc}C I> dfd 1EEEE lrn...,:xwI01mlmmml 0 w I mm EId 'm l i 1 l md _ nvl mm lm Inv mm alv1a r IC C rCC C r1 � mi� ) al a) .- j d1` E. d d d aI m N ai . E m lm ` �I 1 NN I m I'm mm 1>l'> > >;>1».».1>1 I• d LL R I� O O m m r91m il2igg1 N iYYxY n ”l qd l 01 N 010,51010o, I,100,0 0f00,0I 1.6H$0000.06,,sokIa i icai. 12d1212 I2122I222212'221 FR I o N C `44-2 YY1 N`N Y`Y MIN40_1YY N Y YY14 ,44 > > > I 1-,44o ` Y,YY Inv • LL m.'m ILLLL m mLLaLL LLLL m d LL d I m 1m Nm Q m 6 Q Qa alin a N a I00 8i 8 lo aalam-aa a la a 10 • r'pUT$ •• •**O4S111 1200N COUNTY-CITY BUILDING e U � /�j C• PHONE 574.235.9216 �;; i FAx 574.235.9928 227 W. JEFFERSON BLVD. \Ea Z SOUTH BEND,INDIANA 46601-1830 ='� • . x 1865 •..... CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE December 4, 2012 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: 2012 Year-End Budget Transfers—Substitute Bill No. 67-12 Dear President Dieter, Enclosed please find substitute bill no. 67-12 with respect to the proposed 2012 year-end budget transfers. This substitute bill makes changes to the budgets of five expenditure accounts in the Parks & Recreation fund as indicated on page four of the summary. Please note that this bill merely requests budget transfers between expenditure accounts in different cost categories or departments in the same fund and is not a request for additional appropriation. I will present these bills to the Common Council at the appropriate committee and council meetings. The bill was filed for 1St reading on November 26, 2012 and 2nd reading,public hearing and 3'd reading are scheduled for December 10, 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 Filed in Clerk's Office City Controller ~` F n CC: Pete Buttigieg Mayor PEG ,s Zu1z I Mike Schmuhl, Chief of Staff •> Kathryn Roos, Deputy Chief of Staff Cry G ke o f d�r�p ,IN Aladean DeRose, Interim City Attorney 1")o - ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2012 OF$690,000 FROM GENERAL FUND (#101), $100,000 FROM LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220), $730,250 FROM EMS CAPITAL FUND (#288), $20,000 FROM INDIANA RIVER RESCUE FUND (#291), $66,000 FROM POLICE FEDERAL DRUG ENFORCEMENT FUND (#299), $1,799,113 FROM MAJOR MOVES FUND (#412)AND $1,500,000 FROM SELF-FUNDED EMPLOYEE BENEFIT FUND (#711). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2012 operating and capital budgets in 2011 (Ordinance#10124-11,passed 10/10/11) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2012 and set apart within the following designated funds for expenditures as follows: Fund Amount General Fund (#101) $ 690,000 Law Enforcement Continuing Ed. Fund (#220) 100,000 EMS Capital Fund (#288) 730,250 Indiana River Rescue Fund (#291) 20,000 Police Federal Drug Enforcement Fund (#299) 66,000 Major Moves Fund (#412) 1,799,113 Self-Funded Employee Benefit Fund (#711) 1,500,000 TOTAL $4,905,363 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Member of the Common Council Attest: City Clerk yr Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2012, at o'clock_ . m. Deputy City Clerk Approved and signed by me on the day of , 2012,at o'clock . m. Mayor, City of South Bend, Indiana Filed in Clerk's Office - E,1s,, Gl < L`°-`L NOV 12012 PL LtC HEARING :.,......,.. 3 NI READING JOHN VOORDE P..01 APPROVED CITY CLERK,SOUTH BEND,IN � A..aeaKawon�r..evw RIFE.RED PASSED " • " ; • . ; • • 1 1 ' 1 ! : • : I : ; i l : • ; : l , ; ; ' ' ! I 1 ; • , l ; 1 , ; ; H . ' " : ; •i i ; ( , 1 ; , „ ; • , 1 ; ; . ; . • ■ . i 1 • 1 ; • / i ■ ; , , I I • ' ' ,.C:42• •' , 1 ! ; • :S1 i ! ', ; ! :_,,:t-3:01 1 I : i I .0 1 1 • ......! : : 11111 ! ! 1 :E1 • . 31 i • '0:=A, • : ' 1 ->4, ' ; ' ; '---. ! IZ '?:,,;i1. 1 !"101 ; 1 ; v1 12:v; -1 ■!°! : i, 1-631:15, 1 11 6i 1 i--.6! i,g; •1 ,: ......-; , s! ' ' 1-2, ,: ,..F.I; : ; ,-ci.c.m , ,,,,;,-.....,I I IF 17,",;;,-, I ; ..--...g. , ," Ig3, '.E'' 1 ',.' ig!`c-5; ';'451a.V.-0; ' I ,-°,,,NtrglOi„,,,,'" '1'N i, .2,181 I, 0 i co N-, i 0.!0:11 0;01 I , 1,,F,•,-7,1 ;(7-:;" ;8] ; 1 c. ; .14; '1 ,,::, '.■ ,,E;';', , 1 1 Ta'c'>':c: 1-c;c. ! E! !-F,1691 1 • o. •V°1 I(11-0;aiTal ; ! 1E:"1,,0i2i,-`°-1 i2i 1-5, , I E,..;,-;c: i ;;t7,1)',E; -14.,. lr,; 10,c1.1 !....,-..-11),,,,,-, ,01 I I col'Oi MI.D.1 1 !WI-SIPE'I :2. Itci 1 10'°1 Iasi.?:9,;1 P,1 .w„,! I ! ,(7,!1-).`7">!•1 ....1,010.1. 1-I ct.,',7; ' • ,c,'>, ' I !-R1a)1,F3,71)1, 4,' '0,'; ::=1 ,;"2'; •-0'..I :8.<01-2;o: - ' , '.:t,.a.0;'314) 1. -..),..E..e. 0.). '..0't'a)1 1°11,' .a,gvc,..,-. - c 6.....5P..... ...2 • I 458: •- 0•21;,3 •1; ..1--; S" -= ;: ; _1. ,a, .; co.0-0, --' .c•M , E ,'"6-,,G:u; ;a ■tr:0; •0, ,0;75 g: -F•`5: .z.'2 .E ! :ii ,..:va.2-8, '4? n• • 2 T: V.N. l• • ..00•.:t. ,. in-_,'..9 g t•.,...',- : . •--8 4--c;,-• .(-). ro. 'cR. 1).-E ?" '3, '4,- .,c9, 2:,,, it.5 .r,5 ; :'' os ; .s. •.; .5,':15. -,E, ,1.-. 0..T. := . , . .e E• . .0; 69 .0„a) a.,,c,., '!I' tZ,•03, , ,0„, (,)c.)..2,8 2 F„ : :T3 ....., 4_,:;: ., to; -2 -.;_-;. •40, 8!F,i ;0: :*""oj•a 2" : le-- Ei ;To:aiici-1-,...."`,51 • :--•.0•;;;o:_v; ;n3 c•-0;00'Di 'CO:.c, 1 I ! .,..-.10 , tiI f12.4.! ;5 gra"2"6 1 ,%1 1.R 1,,,,,:tif,,,, 12.7,;14,, 1F,:. It5.g11 i I_-_;:gi ,. ....,..-1.,..2, I , 1 ■-•1 11DiC, ..- t'01,,,,■-1 I 10 i-°I.C..,c! L',) 11'; ;2..1..61,;,1,-,1 it',,s5:1; 1c' --.rt,,,:. 1 - c cri,11.2 1-21 0,c c,sve,: lE !ilgl'q i it! it•I 10°_lc,..-,y8; I wilz.;>,,, le ^,," ,t1 ; • i lll Ed I cmliiltIl§;l c:;-1 st 10 52 14 81 IC1C-ill 4311511:21,,5.! 1,..% ,.-4-j 0 I : - .1E1 ' -el i-c! t.Ert, 1 1-0 i•E'0 01, 1!!F,',,If-,1241.6 I :E I t!.(7'',811, ! i'' 1.7.! "4' IctIcsiitl 13't r°,::1131td 1 " -9 ,1 .):! i ;2!, Isoi LET 1 ,.e.,d,,°-.01.31 I--; ›. ,.4,,;,..',,s1.1 1.);;T-;,3, 12i, EI g,,,,81 ■ i 1.-, ',-.',0'E, ° 1.0 1 IrgHIIS'1.1 T321, i,{2, o'l'°,1:§1-gl, jS'Lc110°.! 1.7;I • IiiiiiLDI,?:.! ' 1 . '' 'Ig.1 1"E15-'71 C115,W 1 . IVO! 12:E1 • ' ,o lE{,E.)1U;Ei io-;0.?.1 12,3l !s 2),:01 . I lt......;2; ,0;01Q,g.s...,E! : ; 10 1`.11`41.-1°:' ;•> 1E: 1'6'11E121 r g itf,-..., 1;1 !s „ir), 1 1?, 81C.111,, 1,..:,,"i ,T.,) ,42 1 1.-1,3.e'-.1, It le-121-g.,i „l 11,51 It larEl-il-gl L1;11-0181 1:-.1 lzr,;%lf31 l l . I 1 ;c,,i,;.1,_IE 1 , 1 Lc ,E,n1 ico,z..., •,,,,,c; 10-1:81c1.1*,_,.-12; , ic ;'3-0, .,9; I.' In; 1. .E, ,..L 10; , 123 1(01>,:m1 ' .1m1 1 ''61°''LL''141PI i 1 1.9l-cl:0:01,7,1 1.1 ,;-; ':-....E;Elt 1.0;E:csil 10, 1..(qi121 IS' 1.s2' ! ', 110:1,T,Irf,31.' '• !`>' ,t'1°): 121c.-& 11 ,"'' l'z'rsITJEk'lit 11' 1 1 1.-161HE'ls I ,3i j;,g,i ',81217"„!`cti Is Iti`'.1 ,2',, ,?,3,1g>, it 1,2.flig:. >,ir)1.-61 ' t,.....cl';'1E,It.-11.1 :.1 2 10'u-I !-5!">1511 12 l'c! 12' I 1124 ZI0,112t.?..^15117..' 10-1c't!",.,,DIts1 le! !7)I 1,..-IfIci-. 11-_,F, >..; !RI i-5';°_,Ifol 1 • ,S,.8. :.,;,1-c731f.',.-lE-1:92 1 12181!?21-°.;aar ls-,l'i 121 ;-fgllg.2 ;,,,,,,31;;3; 1.,r,l 0-!,;%142 1 Ezil ELI-...-1mlz,15.'a 1 `';z!i- >ic,'. .-0 I ;,,, I 2);c,Tlz; le..,',F,12; 1>i 216',-E 1 , • 0,0:o,cr,;s-10, 1,,tt•-.,..,Ix, I lc;F.11,2,0! !8 "01 -1 lc Icsfla) 18, . .c i I 'E,'-,0:c,r-1 ID- jc 1,,1....,ce..., 10,,,,,To, ,01 - 0 12?,:t5i21-i° 12I-glE. 1:g l:21'`1,0161 .wl. .l I g i lziglwin l>.l61°:. a -;Ta.1-! "-2',2; .04 IC011.S1 ITD,1 -mi., ,_.o:c,. I 1„,,, ;64;anal 1,,•of ,o: ; Plo:t1 :co.:E,J>.; :.' • I !Wm' 1 ... --.- 'tti.E!.9.1m11-1.-•-r!col ' I 0, ! c.o•o: '5 ..c., ;.1 i3 T) 121 : I ",t61115121.9,1 , iL)I te!2!&,p,, 1.-°„,:.s41 I 1,431,111, i I , ,01.0.1.94'01cIvi (N,`-', : 1 1g,r,' =IE, 121g, ,ss: 1 , 1'2,1 ,.. , 1-.1.1=,> lo.,,=,-11 ,.--, , ,21-=! : ■ s - ,01_, ,f.......,.4= ,,,D4 _1 , J, '—'1. 1 ' -1 1 1 " i ; 1 '.0 101 ; I 1 :0!Ol 10!Cal 10101 I ' 10 101 I IO 10 10 10! ,01 1 ,. 5 •5 ..70-. ; ;RI ; 1g; .8' 1 IF.2-1_.: ; :.,c,;cA 1 : ;0,c,, ,...ic,. ,010, 1 lo 1c., , 18;g1 :,.q 1.41 1:,1 . . 0. ....di . 10 I i0; !0). I ''4. ,., I ,C1,10.1 ! 1, i0 : gl0.4 !OI0! ! !Q.I.9 I !_.,61 1,5,..; .i. 1`-.-' C 0 x &2 m '',5 " :r-', i-' 1 "cs'i'" .! 8.8; i I 00 8 lgi if:0'18i I 18''Ill l 1.:,icv,. 10)lel' g.''. ' Ico1Lo, • j I 1 !•-;'-' lc c 17 getag ! .: ! 1,--!.:1 ! 1 , 11 . , cog -Co Ili ! " 1 : iii • • ! 1 : 1 , 1 • 1 : ! iiiiiil 1 ! : 11 ! - 7-1 .- , ljj :j1 ! 1_ ; : ! ! ! ] • _•. -. 4 !- I -i •---:-- • " i- ' ; •-• , Hi, i 1 •: -I' I,' ; ; , Irl ' i •: , ! 11 ; 1j1 ; ; ; FIIII c a To • , ; ; . . ; • o - 5 •''' joj r,.0 • •‘.01 1 to 2 .- 1,• , ,, , . . . . -. . , 1 ,, • . Il • C .IT g , .. • 1 ,- ,,. . 1 . . , , , , , 1 , 1 , . , 1 c, . _ 1 . : 1 . 1 : I . ', 1-1 „ 1 1 . , _ 1 : . . . 1 : 1 : 1 --1 - ! -1 ' -! ! ! 1 : 0 0 ,,,, ,co: :01; : •0- , ; 1 N-. ; : 1,8 1 .0 ;16:!..43', ,..,, ' ,c," 0, , , '9, , , 91 . ! ' ! To : :9" !9; 81 1 ;.9 : 7 i ! : ! . ; , . 1 ... C L. :csc, :NJ: IN! ! IN I ...,:t., ; ' !ol. 1c.). !:!.-I I 7-.! ' I.Cc■I)1 r4 i ' ' ' 1 , 000 'Iri ,.4.1 91 ,I.. ;'?1 ; I ..9'! II!I , 1 ..'', iN! ..N 1 IN, • 3 t `°'• 1`L'il !(.71.1 1 ! .`"'l • 1 ,17.1 .". ' ";,(c:i l'jil I1.4-,0,! es,: : ',I; ,‘,,, (3 19 ,- z.0 o E 'i: i/I 11:, , !I! ! I '9; ; I ,l':I 1'f 1 !I";1;; 1-cr 1-, 1-, -.-1-: ',J., 1,, < 0 8 = ',-, 1,- tc,' ; ',-, I :;;-: ' ' IL,-; IN, 0' to: ,0, . 0, , .0; , ,70":tS': „.. _ 1,0„.a, tce, :0, IC,,I :a, 4.,L) <Z lo., •Lc- (0 i I •.4-i I ..cr! , 0, -o0, 10,0! :9 !9 1 19; 13 u) 0; i01 :91 I ;0.; .0' ! ; 1 ! : ■ ! .• ick.. ; C a ' '• ■ • • "c4.1. ! -' .4 - . 0 : 0: .•-1,-: i ',.,"i i•■‘'! '7'1! t I.,' I !,-' ,o,• o.:' 10.0' IE,' 41 E.' : .,,,, •Lcr. Nr: • .4.' ; it,-, : " N i NI' ,-,•-'. !.-- I RV IN! 03 C 1 ; 1 II , ; •., , II i ; , ; 'a: ;c ,c i : ' • 0 - 't. 4, „ , . !-C,.0• 1 „2,1. i,_: ; •.. : ; . >' --- 0 E ' ! I.,..1 EI ; ,>,! ' -_, ;--.1 o- o; :',5,1 ; 'co i 1 : ”'i !2! .2.2., Ir., i,,,.., : (4 gig 12' r "' 1-5! I '='', ' i.; I . ',e; : ! ' I ' ,3: , . I , • ,e5, 101 ,cot , ,„,p. 1 ,z, • ,0, il,1), ,,,, !_v, ,.., : I • • a 0 U i L''! '2"! 1 ! ! !''i ! ' ! 1 ii ..co: 4.0 I ,U), i I , CM . I I , 742,16' ,a 1.1 , • , LE', . .; , , ;.Z- , -. ,. , 1 'it,• U7 0 ,0, . ,(.., !:.4.' 1 :0; 1 121 ' 1 '31 1..(.9u1 Zig' :-F3! :-o; , , : • , ic=C.) , 112; j ; , ; : : 1 ; ; ; ; ; I. ;I--; 11-1 1 1 1 ! ! 11 ' I ' 1 11 . : ! ' 1 1---; j! ,-- i 4,---'- -,,'•;--r -: -I : ' II 11 . -11 . : 1 :1 ' ; " Il 1 ! I.EI 1 ' ' !.°1 1 ' 1 - 3 i 3 I 1 ' 1 I ! ' 3 1 ' a'; i I !.E! L-a1 , i il I 1E1 , 1 1c, ;0.: I • • : ' E '3! ; , , : • , m 21 12; I 1"8' ; i t'l ,-• ;-', ia.)•,--,--I , :c; :c, '...... 1 co! 'a. ;--c; ; • ; ; c Z •,&'1 1:'4 I '1 In,'!: 10._; 10• •ci, ;"E• . ... i?! ; , 'E, 'E! !010 ,0: Z i ; I C 7 '..?', j 'i 1 ! 5 I , 1:5 1 1 : ' Ig.! IE.! !'`';..,21 1E.; ' ' !E I ' •:o: ,.., ; 0 : 10 12: ; t: ! : i ', : •=1; ;o-6; t' 'c' : 0 1S. II ! : F! 10-. ! 1 ■ ' i EJ i ; 'Q.0.1 1, . .CI i 15 4'" '..--.' •'-'-• • .: :E :To 1 ! I 12 1 ,-1 0 I ; a I .0; it, !Wm': i 1:c12)1 1'1)1 1?! ' 1'21 ' 1 i ; I .9. .2' 'rt cC: ;-?, , , i ,T,', ; , iw al, Icc, ,01, •a ,-• , ; 4,,,,, ,„.,....! , ! , !_91 1. , , : , _: : ,a., 1 :0_-, _,, w;. _, ',I.! ,, ! ! i ._ :-.!: ,, ,-.1 1--, i— : - i ' ' 1--I, I- . 1111 : 11 ;.E1 I I ! 1 ,. 1, I ; I, ' ilillia, I ' ..' " 1 , I. ' . ! i ' i ; ! ; i !E.: , 1 • t : ; . ; . • ,,o; ' 1 ' : • ; '-ot : II i : ' , : : • „ : ,G.,. !•-,, '...e.', ' ; ' I, I ! I I , ,>a,i I I ■ ! IC • I I • I 1 1 :El I i , • i 1 ; 'IL: 1 !._ 1E! !di !a,1 I !E: jE; Hil c E 0Y. ICA ,Cn, 1,... i , I : : 1 : I ci ; L..7 it! IV 1 It' c az 11E1 l'El' 1"a! 1 1 :c i ' ; .o! c is 1 g; All 1 1_1! ;a: la; ;a! 0 1 E„231 ;311 1.; ■ ;c. ; ; ; ;to! ja> !co ; 0 ;.o1 1;c1 Ic! 1 :El ,,,E,:=: I : !G,31., CD:01 1010: • 0:,... :0:= .0.2' IC! ;0! 10 1 I I :a: la: 1 . 11 I ai a, ra, ! 1E, ITu'l i l l lt-,' ,l,T.l'al ;tit; ; . 2': !el i el ,„9' , !N., ':=:42i . ' 1 ;E; !cy. J 1._.r_' ; I ;ill]; ;IL,. _,...1 4 ,-:,. , , ,,,,, . :,: , ■ _.E .1 •,,,,t . . ! -! I , -,- , . 1 •!• -, , 7 -I- I -■ -. 1 i I : ■ , 1 7 I • ;01 I ' 1 ' luo! 1 lei ! i 1 : j ' ' ! I ' 1 • : „ i , 1 . , ' ! L i . , : , 1 rE!, : , ' • , , . . • • " 1 IIIIi Icer ' le: I 'el i : : ! I I.: - ! ' itI ' II• 1 ; ; ' ] ; 1 .=., , . I lit-i : I I:0! , , : I •. Iv: i , Co . : 3; ; I I,: : 11 „ r : I ; : . , : ')' ; ' : I 10' :2,laI l ! ' I ! • , i i ! :e: ol . •, I, 1 I i 1 i:, ; 12, • ! ' ; :21 '13:-. ; ; . I ;v. : , . ; 'c: : 0-' • , : : io :c; , I 1 i 1 1 iv :c; , ! ' , '7 ! :E; : ; ! • , ; !, 0, • • irel !LT., ,c-; . • ; . o 1 ; I : • • u.: • 'ia: ' ' ' ■>LT,' 1 '=1 ' 1 11 ; 1111,„1 Hi ,, ;, Imi,.} [Willi I I 121 Ill t51 l'rql 12' . c z • • It! I Is; ! • c 1 ci,i 1 0,1 01 1 1 '7 i 0 IZI .01=1 ,3 Lu 13 11111The ..1-11 '11 . 1 i 1 l'g 115! I . i 1-``,„ IN Ixesi IS'',gl l'q' . ft c . ' • i ; .0,- ' . , ;LI- c; 1 , >G2 I. I ' " 1111 ! - 2,LE.':, 1 11-2'.8 ItiLui -,-', 1 !-cd!,11 i',..-,.1ii ,LL °11..-. iu=0=1 , 1,21z, E; 17,101, 1.,,,;71 1 co jw,; If- cs, 121 !..1 :-.. ,I c 1.: ' 1 . '0' ,i 1,5: • ■-1....! I 'L ;_t1 o! ,0 I ;•0 I 3 1 - ! 761 c' R 1'61 ',E1 poi ! 16-:To! 1=2;ITO! I , : I 6 17•61 Ill i 2;21 I 12 1c, E 12, ;v., ..., 1., , _, „a, , 1- ,..,,I 115 ',(DI cul I :cult; :-.,c, .2 0' IL.' 11 ..g1 lgi ', Ig',..2, . 11-12: .., 1 1 1,321,1-. 13i., i010, i 101,_1 I.g. 1.-, 1111.1-1 ,CD I ``SOU 4..4∎o' 1200N COUNTY-CITY BUILDING F ��� U \� i PHONE 574.235.9216 227 W. JEFFERSON BLVD. r���� ,, '/' C fs� e.c%,! FAX 574.235.9928 SOUTH BEND,INDIANA 46601-1830 tp % � I865 R CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 21, 2012 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W.Jefferson Boulevard,4111 Floor South Bend, Indiana 46601 RE: 2012 Year-End Budget Transfers and Additional Appropriation Ordinances Dear President Dieter, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. Based on our year-end review, we are submitting three bills for consideration by the City of South Bend Common Council: • Budget Transfer Ordinance Between Various Departments and Cost Categories • Additional Appropriation Ordinance—Civil City Funds—$4,905,363 • Additional Appropriation Ordinance—Enterprise Funds—$242,500 I will present these bills to the Common Council at the appropriate committee and council meetings. It is requested that these bills be filed for 1"reading on November 26, 2012 with 2nd reading,public hearing and 3rd reading scheduled for December 10, 2012. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-7500. • „• Filed �k. . Regards, .....- E�- 201Z Mark W.Neal dCr` .; ;: {: :. MY CLEW: r r4°' BEND,IN City Controller �,^„,,.,R, CC: Pete Buttigieg Mayor Mike Schmuhl, Chief of Staff Kathryn Roos, Deputy Chief of Staff Aladean DeRose, Interim City Attorney ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2012 OF $242,500 FROM SOLID WASTE FUND (#610) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2012 operating and capital budgets in 2011 (Ordinance#10125-11,passed 10/10/11), which included expenditures for various City enterprise operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2012 and set apart within the following designated funds for operational expenses as follows: Fund Amount Solid Waste Fund (#610) $242,500 TOTAL $242,500 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. ( J a /J t Member of the Common Coulkil Attest: c r . • •lr m F(c;i imk sc t...,r6 . City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2012, at o'clock_. m. Deputy City Clerk • • Approved and signed by me on the day of , 2012, at o'clock . m. Mayor, City of South Bend, Indiana • Filed in ce RtADING [ V2 1 2012 1 PUT1K: HEARING rd READiNG JONN K.4"OriAJE APPROVO CiTY CLERK,SOUTH BEND,IN REFERRED PASSED . . . . , ./ , , : , ' ; • • , , ; ! ' 1 • • ; " ; • .0•; ; i i 1, , . ! I I • to 3'61 1 ; I ; ' • 0, f 0: ; ' ; • 1 co 1 a. I;El ! ' ; 1 • ,....,., ' • i . ,,5 • • . . . . . . . . -. . . . . g 5 V. • ar cr, 2 ' o• • • • • • ,'''''‘'..ii .2• •0•••-• ,..-• ; , ! 1 10,01 1-21 c l ; : l 0 a 1.?...!8 ; • f, I' l<1 '0..El• ! {a !u-;?1 *ri; •.-• "`°1-2: ' 12.•E'".. ''', 2 l'a1m1,12,1"4,T1 i !mil:2.,0);"-I'6! • 1 a,,S. lu'oirgitiL..-, 1 1 l-tittl',7,' ! ! ... , 1>v, -121-18i, U. 1 O i'&1T,Irei;To i . in !EI Q.„,■-•-,,,0';.°1 , ........ , 7 : l't-itii 071,0'.1!,1 O , 2i.g1.7C1 al . a . ..- . .ir..) 12 1 ; . •,, 1- , J---'•, ..... "cp. '0;o10.0' lo.1 C ca w --a U IS; Ig210.01 _ (1., 0 .o•ol. ,I.r,!: ktTild•,-Joi! •{,i-, k3 - 1:1 3 E.' t.-, Ico• ,o,,o! et! ••.r• - 1 !.‘-1..-, le4:i ;NI -0 1 . • , •ci c 4- 1 , 1 , , , • C 0 Ta 4 • . I .!. • : I, ; ! • t C t 1 : ■ I II I; .I I 5 o0 ø.z ; ' I ■ I ' o t co , (7 03 ' 1' • ' ' • 07 ' 07 ,,I: '0,40101 .. .., , • ' 19'5'.11'• c■i O --". u R ., . , ..c?,ITI t t 7.0 .40 0 0 E 0 '0 a) (.7 .c7I, IO0I,01 . <2 Irol Ii.Olic-7Ii0; . a 2 •9. 19"99 , . . ,o• lo!olo; '0 LI IZL' 7.;1'-'T.O c c _.I I_ j°1 i J1 •-•• r- 0 OS E 1 L 07 ,76, j76;176'.75: , G' , c. :.c, .c c n, • I 1 >- Z ;U; 5 g LOF '72-:(217"2! ; 1 1 4 I Li.C.) '101 IC.)iC)IC)I ; I 1 I I 1 I I I ; ' I ' .L- '. 1:.E1 1 I i '' ' • ■cu' ; ! '• •ci i • ez i ; 1--. ! " , I . . ' ..E; ;0:. E 1 1 i-S'; 12! ' g •; !-6'! 1 up ,p' (;-. 1.1 lull • i ei . , 125,, ; . Itl.I I 11 ,Eig'io; ! I .c. !S10., , 0-1 •_.1.-c!—,c01 - -! 1 ] , 11 -,.-- 1 • ; • , 1 , 1 , 1 .. III ', . O . ! ! , 1 , '• '' 11 , , • • Z E . , i a'2 a I,`12.,1 1,-',sth';',t',I I . U J., J.1.10; I O ; • 1-2; '7,-,•"9.'ro I 1 _.1 .), !co!co;toi 1 ;t4, J , ! 1 I I I : I C' I , I I , i .7 1 - . . 1 I 1.A. . • ' ■ • i ; i 1(0, I I , , I . ' I r2I 0 E 1 '', I ',F1 1 le-.. i, 1 . 2 co,..0 , ,..e, Ig.'21 3131Ej iLf,1 -0 2 iu....,21 IL ,.,..! 1. ! u 2 li (D I('''.''' :Ea °I 1 1 I to.co, :n310;co I ' l ' ',3. • 1,1'' i oi lift hiitg l'';I' , E. cv Icn'col UCfl( I 1200N COUNTY-CITY BUILDING .�", c\ /�% �/.•, PHONE 574.235.9216 227 W. JEFFERSON BLVD. \�� *� /' C �� ice FAX 574.235.9928 SOUTH BEND,INDIANA 46601-1830 :1S. �� 'G1 /865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 21, 2012 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W.Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: 2012 Year-End Budget Transfers and Additional Appropriation Ordinances Dear President Dieter, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. Based on our year-end review, we are submitting three bills for consideration by the City of South Bend Common Council: • Budget Transfer Ordinance Between Various Departments and Cost Categories • Additional Appropriation Ordinance—Civil City Funds—$4,905,363 • Additional Appropriation Ordinance—Enterprise Funds—$242,500 I will present these bills to the Common Council at the appropriate committee and council meetings. It is requested that these bills be filed for 1St reading on November 26, 2012 with 2"d reading,public hearing and 3rd reading scheduled for December 10, 2012. Thank you for your attention to this request. If you should h. - • i • -_.'ons a•- to contact me at 574-235-7500. Filed in _:;i': �';, Office Regards, NOV 2lZ012 \ ____O Joki, . .t,,,A., a. Mark W.Neal CRY CLERK,souTH BEND,IN City Controller () 1 1 --/r, CC: Pete Buttigieg Mayor Mike Schmuhl, Chief of Staff Kathryn Roos, Deputy Chief of Staff Aladean DeRose, Interim City Attorney Ordinance No. Bill No. -12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 1, SECTION 1-4 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING "SIX COUNCILMANIC DISTRICTS" STATEMENT OF PURPOSE AND INTENT Redistricting of the Common Council's six (6) councilmanic districts is required every ten (10) years based on data from the most recent U.S. federal census. The 2010 U.S. Census data revealed that the population for the City of South Bend, Indiana, was 101,168. Indiana Code § 36-4-6-3 sets forth the governing state law addressing the division of six (6) districts for second class Indiana cities. It requires the city legislative body to pass an ordinance addressing councilmanic districts during the second year after the year in which a federal decennial census was conducted. It further requires that six (6) districts be established which are: 1. Composed of contiguous territory, except for territory that is not contiguous to any other part of the city; 2. Reasonably compact; 3. Do not cross precinct boundary lines,except as authorized by law; and 4. Contain, as nearly as is possible, equal population. A special committee was appointed to make advisory recommendations to the Council Rules Committee. The membership of the volunteers on this special committee was bi-partisan, diverse in age, race, and ethnic backgrounds. The following ordinance is consistent with governing laws and is believed to be in the best interests of the City of South Bend, Indiana. WI" 11 , l ©, *die cammon cattnadyVie .9f0 JQiam% agollatas: Section I. Chapter 1, Section 1-4 of the South Bend Municipal Code entitled Six Councilmanic Districts"is amended to read in its entirety as follows: Sec. 1-4 Six Councilmanic Districts. (a) The City of South Bend, Indiana, is divided into six (6) Councilmanic Districts which shall be known as the: First Councilmanic District, Second Councilmanic District, Third Councilmanic District, Fourth Councilmanic District, Fifth Councilmanic District, and Sixth Councilmanic District, with the legal description for each such district being set forth in "Exhibit A" which is attached hereto and included herein by reference, and maintained on file in the Office of the City Clerk. "Exhibit B" sets forth a map of the six (6) Councilmanic Districts depicting the 2012 Councilmanic Redistricting Ordinance Page 2 precincts contained in each, which is attached hereto and included herein by reference and maintained on file in the Office of the City Clerk Each such district shall consist of the following precincts: (1) South Bend First Councilmanic District consisting of the following precincts, presently numbered by the St. Joseph County Election Board as follows: Precincts: 130101, 130102, 130103, 130105, 130106, 130107, 130108, 130112, 130115, 130117, 130120, 130121, 130122, 130123, and 130207. (2) Second Councilmanic District consisting of the following precincts, presently numbered by the St. Joseph County Election Board as follows: Precincts: 130202, 130204, 130208, 130211, 130212, 130213, 130214, 130218, 130219, 130220, and 130607. (3) Third Councilmanic District consisting of the following precincts, presently numbered by the St. Joseph County Election Board as follows: Precincts: 130303, 130304, 130305, 130306, 130307, 130309, 130311, 130313, 130317, 130318, 130319, 130320, 130322, and 130509. (4) Fourth Councilmanic District consisting of the following precincts, presently numbered by the St. Joseph County Election Board as follows: Precincts: 130403, 130404, 130406, 130407, 130408, 130410, 1304012, 130414, 130415, 130416, 130417, 130418, 130419, 130420, 130421, 130425 and 130426. (5) Fifth Councilmanic District consisting of the following precincts, presently numbered by the St. Joseph County Election Board as follows: Precincts: 130508, 130510, 130511, 130512, 130516, 130517, 130518, 130519, 130521, 130522, 130523, 130524, 130525, 130526, 130527, 130528, and 130625. (6) Sixth Councilmanic District consisting of the following precincts, presently numbered by the St. Joseph County Election Board as follows: Precincts: 130609, 130611, 130613, 130615, 130616, 130617, 130618, 130620, 130621, 130622 and 130626. (b) Any annexation which occurs subsequent to the passage of this ordinance shall be deemed to be part of that district with which it is most contiguous. All linear descriptions are understood to be "more or less"when stated in linear dimensions. 2012 Councilmanic Redistricting Ordinance Page 3 Section II. Repeal of Conflicting Ordinances: All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section III. 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. Section IV. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Member of the Common Council John Voorde, City Clerk Oxedentd,GG 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 t.94breeed and t34ried Idi me an,&fe day of , 2012, at o'clock .m. Filed in OfficePete Buttigieg _,. Mayor of the City of South Bend, Indiana READNG [-L�°r NOV 1 b Z01Z JPE.:C v1 t5' CT ovE CITYCLFiIik, n&I NO,IN 6,SSED -._ Legend N _% „ W`'� E 2 S- 1 r-'- s '' , I __ 1------S 4 t L - 4 1,E > S 130120 3 ( �-�. �` .,,.:4, + 130122 �_ -1.t..._ f 7,?0 c _1 L I N 6 ■ 130111a f I s7 130103 L J --1 ` !.� . --\\ ii 130108. 1-- 1 1._�! 130102 �gQ'`Q6 S-7 l i - 1 1311195- - / i_� ® �! _1Z 130417 � ty � �1304110 130406 -�/T_._.___- � N � . oiy^ spa' 1 _ 130403_ N NSQpi M 130419 dd 130214 4 t 130107 --- M t • y 13027 \y 130101 130408 1 1 130416 130418 4130219 i '1 J- 130415 3 �n r_ -O> \ . 130414 1 0 p . ,�M 0 v o ^, 130617 d 1 1Q618 16�6 7306'S o?�`� 3 0 a 130307 8 13A3O9___.-e;---- , ,, , 0, — 130620 �''Q60/ ,r1 ,�o, .,-::, i.4,--2,$ 130306 13031 ,I I 130621 i 130318 _ I 130611 4 Ii 130320 x � 130319` L _-' - 13022,y — r—� / �,A, III,,,z 13051,1 130510 % / , t _ , 13903 1305 2 N 'dos? : 130518 130 7 - 7 f. Exhibit B -, r ,' i3 TA B : ■ „ !; City of South Bend W ., EACE �j ., a Common Council x 1865 +•' 441 County-CityBuilding • 227W Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://vvww.southbendin.gov Derek D. Dieter President Oliver J. Davis November 14, 2012 Vice-President Members of the Common Council Karen L. White 4th Floor County-City Building Chairperson, Committee South Bend, Indiana 46601 of the Whole Re: Proposed Re-Districting Ordinance Tim Scott First District Dear Council Members: Henry Davis, Jr. Second District On behalf of the advisory Special Committee for Re-Districting, I am pleased to sponsor the attached ordinance for your review, comment and passage. Valerie Schey Third District As you are aware, all Council Members were requested to recommend South Bend residents to serve on this special committee which is bi-partisan, diverse in race, Fred Ferlic gender and location of their residences. Council President Dieter appointed five (5) Fourth District persons to serve, who include Karl G. King, Jesusa Rivera, Theresa Sedlak, Jack L. David Varner Smith and myself to make recommendations on re-drawing the boundaries of the six Fifth District (6) Council Districts. Oliver J. Davis Karl G. King is serving as Chairperson of this committee, and has spent countless Sixth District hours reviewing the most recent census data. The special committee reviewed a total of three (3) options. All options met the state law criteria which require each Council Derek D. Dieter District to be: At Large Gavin Ferlic 1. Composed of contiguous territory At Large 2. Reasonably compact 3. Have, as nearly as possible, equal population. Karen L. White At Large The attached ordinance sets for the option which was selected by the special committee and it is being recommended favorably to the Common Council. It is my understanding that a Council Rules Committee will hold a public hearing on Wednesday, November 28th at 5:30 p.m. in the Council Chambers, with an additional Council Rules Committee being held on December 10th; with the Council taking final action on the proposed ordinance that evening at their 7 p.m. meeting. Additional information will be made available as it becomes available. On behalf of the Special Committee, I seek you support of the attached ordinance. Thank you. Sincerely, Karen L. White Council Member at Large ;lied in Clerk's Office ! NOV 152012 I CITY CLERK,ScAii 1114 December 5, 2012 EXHIBIT "A" City of South Bend Common Council Districts—Option#3 (1) South Bend First Councilmanic District: Beginning at the intersection of the center lines of the St. Joseph River and Colfax Avenue;thence West along said line of Colfax Avenue to its intersection with the centerline of William Street; thence South along said line to its intersection with the centerline of Wayne Street; thence West along said line to its intersection with the centerline of Taylor Street;thence North along said line to its intersection with the centerline of Wayne Street; thence West along said line to its intersection with the centerline of Chapin Street; thence North along said line to its intersection with the centerline of Washington Street;thence West along said line to its intersection with the centerline of La Porte Avenue; thence Northwesterly along said line to its intersection with the centerline of Walnut Street;thence northeasterly along said line to its intersection with the centerline Lincolnway West;thence Southeasterly along said line to its intersection with the centerline of Cleveland Avenue;thence North along said line to its intersection with the centerline of Van Buren Street; thence East along said line to its intersection with the centerline of Blaine Street;thence North along said line to its intersection with the centerline of California Avenue;thence West along said line to its intersection with the centerline of Lawndale Avenue; thence North along said line to its intersection with the centerline of Vassar Avenue;thence East along said line to its intersection with the centerline of Diamond Avenue;thence Northeasterly along said line to its intersection with the centerline of Portage Avenue;thence Northwesterly along said line to its intersection with the centerline of Elwood Avenue;thence West along said line and said line extended to the West to its intersection with the centerline of Bendix Drive;thence South along said line to its intersection with the centerline of Lincolnway West;thence Northwesterly along said line to its intersection with the Portage and German Township boundary line;thence South along said boundary line to its intersection with the centerline of Edison Road; thence West along said line 198.33 feet;thence North 428.31 feet; thence East 200.00 feet to the intersection with the Portage and German Township boundary line; thence North along said boundary line to its intersection with the Lincolnway West Northerly right-of-way line;thence Northwesterly 2,945 feet along said North right-of-way line;thence South 533.83 feet; thence West 1,229.54 feet to the East right-of-way line of Mayflower Road; thence North 915.94 feet along Page 1 of 16 Abonmarche Consultants said East right-of-way line;thence Northeasterly perpendicular to the R/W of Lincolnway West, 150 feet to the Northerly right-of-way line of Lincolnway West; thence Northwesterly along said right-of-way line 4,000 feet to the interchange with the US 20/31; thence South 300 feet; thence Southwesterly along said US 20/31 right-of-way line 2,107 feet;thence East 2,025 feet to the East right-of-way line of Oak Road; thence South 1,950 feet along said East right-of-way line; thence West 1,340.51 feet; thence South 700 feet to the South line of Edison Road;thence West 413 feet along the South right-of- way line of Edison Road to the East line projected of I.P.C. Minor Subdivision; thence North 510.3 feet to the Northeast corner of I.P.C. Minor Subdivision;thence West 496.73 feet to the Northwest corner of I.P.C. Minor; thence continuing West to the West right-of-way line of the US 20/31;thence North 2,511 feet along the West right-of-way line of the US 20/31 to the interchange with Lincolnway West;thence Northwesterly 2,640 feet along said interchange right-of-way line;thence Northeasterly 800 feet along said interchange right-of-way line to the North-South centerline of Section 30, Township 38 North, Range 2 East;thence North 4,630 feet to the Northeast corner of Lot 1, Miller-Owens Minor Subdivision;thence West 1,173.60 feet along the North line of said lot;thence South 27.31 feet; thence West 148.50 feet to the intersection with the centerline of Olive Road;thence North 256 feet along said centerline; thence West 185 feet; thence North 380 feet to the South right-of-way line of Cleveland Road;thence West along the South line of Cleveland Road, 925.82 feet;thence North along the West line of said Section 19, 1,401.89 feet; thence N89-27-12W, 1,865.95 feet;thence N81- 17-18W, 103.20 feet; thence N89-27-12W, 706.79 feet to the North-South quarter line of Section 24, Township 38 North, Range 1 East;thence N00-08- 51 E, 1,672.56 feet to the North right-of-way line of Indiana East-West Toll Road;thence N89-20-23E, 3,715 feet along said North right-of-way line of the Indiana East-West Toll Road the West right-of-way line of Olive Road; thence north 2,500 feet to the South line of Brick Road; thence West along the South right-of-way line of Brick Road 500 feet;thence North 40 feet to the North right-of-way line of Brick Road;thence East along the North right-of- way line of Brick Road, 820 feet more or less;thence Northeasterly along the North right-of-way line of Brick Road 196.91 feet;thence East 68.28 feet along the North right-of-way line of Brick Road to the West right-of-way line of Orange Road;thence East 60 feet to the East right-of-way line of Orange Road;thence South along the East right-of-way line of Orange Road 12.81 feet to the Southwest corner of Rolling Oaks County Estates, Section 2; thence East 347 feet along the North right-of-way line of Brick Road;thence Northeasterly 301.49 feet along the North right-of-way line of Brick Road; thence North 97.06 feet; thence East 12.96 feet along the North right-of-way Page 2 of 16 Abonmarche Consultants line of Brick Road to the West right-of-way line of Lake Blackthorn Drive; thence North 181.22 feet along the West right-of-way line of Lake Blackthorn Drive to the South right-of-way line of The Villas at Lake Blackthorn, Section One;thence west 323.58 feet along said line to the Southwest corner of The Villas at Lake Blackthorn, Section One; thence North 805.23 feet to the Southeast corner of The Villas at Lake Blackthorn, Section Two;thence West 388.00 feet along the South line of The Villas at Lake Blackthorn, Section Two to the intersection of the centerline of Orange Road; thence North 296.75 feet along said centerline to the North line of The Villas at Lake Blackthorn, Section Two; thence 387.00 feet east along said line to the East right-of-way line of Portside Drive and the West line of The Villas at Lake Blackthorn, Section One;thence North 903.26 feet along said line to Northwest corner of The Villas at Lake Blackthorn, Section One;thence 100.00 feet east along the North line of The Villas at Lake Blackthorn, Section One to the West line of Lot 56 The Villas at Lake Blackthorn, Section One;thence North along said line 251.56 feet to the centerline of Orange Road;thence Northeasterly along said centerline 112.92 feet; thence South 70.83 feet to a point on the East line of Lot 56 in The Villas at Lake Blackthorn, Section One; thence Southeasterly 66.96 feet to the Lot Corner common to Lots 55 and 56 of The Villas at Lake Blackthorn, Section One; thence East 556.25 feet to the West line of Lot 34 of The Villas at Lake Blackthorn, Section One; thence North 80.00 feet along said lot line to the North line of The Villas at Lake Blackthorn Section One; thence East along said line 729.56 feet to the West right-of-way line of the US 31 ; thence Northeasterly 736.17 feet along said right-of-way line to the East corner of Lot 43 in Rolling Oaks Country Estates, Section 5; thence North 612.59 feet to the North Line of Rolling Oaks Country Estates, Section 3;thence West 883.66 feet along said line to the Kertes Minor Subdivision East Line;thence North 1,309.78 feet along said line to the South right-of-way line of Adams Road;thence West 1,736.65 along said right-of-way line to the extended East line of Portage Prairie Cemetery;thence North 218.00 feet along said line; thence East 183.50 feet;thence North 214.50 feet;thence West 264.00 feet;thence North 775.54 feet; thence East 3657.70 feet to the West right-of- way line of the US 31; thence Northeasterly 3657.70 feet along said right-of- way line to the North line of the West Half of Fractional Section 8, Township 38 North, Range 2 East and the Monumented Indiana State Line; thence East along said Indiana State line 2,420.44 feet;thence South 21.63 to the Eastern right-of-way line of Mayflower Road; thence Southerly 639.62 feet along said right-of-way line to the South line of Arbor Pointe, Section 6; thence West 20 feet;thence South 980.41 feet along the East right-of-way line of Mayflower Road;thence East 20.00 feet to the Northwest Corner of Page 3 of 16 Abonmarche Consultants Lichtenbarger Minor Subdivision; thence South 158.97 feet along the west line of Lichtenbarger Minor Subdivision and the East right-of-way line of Mayflower Road to the North Line of Cherokee Gardens Subdivision extended and the North line of Wagner's Replat extended;thence West 1,846.60 feet along said line to the Northwest Corner of said Cherokee Gardens;thence South 1,280.00 feet to the North right-of-way Line of Adams Road; thence East 1,844.57 feet along said North right-of-way line to the East right-of-way line of Mayflower Road;thence South 1,166.32 feet along said East right-of-way line to the Northwest Corner of Lot 3 of Church's Minor Subdivision;thence East 287.61feet along the North line of said Lot 3 to its Northeast Corner; thence South 203.85 feet along the East line of said Lot 3 to its Southeast Corner;thence East 1,433.07 feet;thence South 253.00 feet; thence West 1,721.20 feet to the East right-of-way line of Mayflower Road; thence South 279.00 along said right-of-way line;thence East 20.00 feet along said line; thence South 133.00 feet along said right-of-way line;thence West 20.00 feet along said line;thence South 665.75 feet along said right-of- way line;thence 1,298.64 feet West to the Northeast Corner of the Southwest Quarter of Section 17, Township 38 North, Range 2 East;thence South 2,465.70 feet along the East Line of U.S. 31 Industrial Park, Phase II; thence West 400.00 feet along the South line of Lot 10 in said Subdivision; thence South 200.00 feet to the centerline of Brick Road ;thence East 200.00 feet along said centerline;thence South 240.00 feet; thence East 200.00 feet; thence North 240 feet to the centerline of Brick Road; thence East 1,320 feet along said centerline to its intersection with the centerline of Mayflower Road; thence continuing East along said centerline of Brick Road, 905.61 feet; thence North 20 feet to the North right-of-way line of Brick Road; thence East 75.16 feet along said right-of-way line; thence North 20 feet along said line; thence East 162.84 feet along said right-of-way line;thence South 20 feet along said line;thence East 182 feet along said right-of-way line; thence South 1,040 feet to the South line of Hartman& DeMaegt Subdivision;thence East along said South line 1,384.95 feet;thence North 1,020 feet along the East line of Hartman & DeMaegt Subdivision to the centerline of Brick Road;thence East 2,231.96 feet along said centerline to the east line of Harvest Pointe Subdivision Section 2,thence South 662.95 feet to the South line of Fuerbringer's Minor Subdivision; thence East 329.62 feet along said line;thence North 21.09 feet;thence East 1,326.57 feet to the West line of Field Pointe Subdivision;thence North 1,062.16 feet along said line to the centerline of Brick Road;thence continuing East 2650.83 feet along said centerline;thence South 429.40 feet;thence West 800.00 feet to the East right-of-way line of Portage Road;thence South 280 feet along said right-of-way line to the South right-of-way line of Maple Road extended;; Page 4 of 16 Abonmarche Consultants thence along the Southerly right-of-way line of Maple Road along a 313.06 foot radius curve to the left, an arc distance of 254.00 feet, more or less; thence S89-45-13E 328.02 feet to the Easterly right-of-way line of Portage Road;thence S20-22-43E 130 feet along said Easterly right-of-way line of Portage Road; thence N89-45-13W, 395.58 feet to the East line of Section 21, Township 38 North, Range 2 East; thence South along said East line of Section 21, 1,100 feet;thence East 940 feet to the Easterly right-of-way line of-Portage Road;thence Southerly 310 feet along said right-of-way line; thence East 1,614.09 feet to the Northeast Corner of Lot 2 Hurwich Farms Minor Subdivision; thence South 2,422.63 feet along the east line of said subdivision;thence West 99 feet;thence South 172.71 feet to the North right- of-way line of Cleveland Road;thence East 487.6 feet along said right-of-way line to the West right-of-way line of Lynnewood Avenue;thence North 411 feet along said right-of-way line; thence East 460 feet;thence South 93 feet; thence East 80 feet; thence South 318 feet to the North right-of-way line of Cleveland Road;thence West 1,167 feet along the North right-of-way line of Cleveland Road to the centerline of Lilac Road; thence North 443 feet along said centerline; thence East 510 feet;thence North 224.1 feet;thence East 192.42 feet to the West line of Riverside Manor 1st Section;thence North 165.9 feet along said subdivision line;thence West 532.52 feet along the South line of said subdivision to the centerline of Lilac Road;thence North 1,811.8 feet along said centerline;thence West 2,288.82 feet along the south line of Cross Creek Subdivision; thence North 650 feet along the West line of said subdivision;thence West 438 feet along the South line of the Oaks Subdivision; thence North 1,989 feet along the West line of said subdivision to the North right-of-way of Brick Road;thence East thence East 1,191 feet along said right-of-way line to the East line of Cross Creek Subdivision; thence South 1,551.04 feet along said East line;thence East 1,253.27 feet along said subdivision North line;thence South 233.74 feet along said subdivision East line;thence East 254.08 feet along said subdivision North line to the centerline of Lilac Road; thence South 168.54 feet along said centerline;thence West 272.48 feet;thence South 160.00 feet; thence East 274.10 feet to the centerline of Lilac Road;thence South 175 feet along said centerline;thence East 684.25 feet along the North line of Darden Crossings Subdivision;thence South 413.21 feet along the East line of said subdivision to the South right-of-way line of Darden Road; thence Easterly along said South right-of-way line 1,192.38 feet abutting Riverside Manor 2nd and 3`d Sections;thence continuing Easterly crossing the St. Joseph River along said South right-of-way line, 1,285 feet to the intersection of the West right-of-way line of Laurel.Road (extended)and said South line of said Darden Road; thence North along said West right-of-way line of Laurel Road, 5,300 feet to Page 5 of 16 Abonmarche Consultants the centerline of Auten Road;thence East 1,720 feet along said centerline; thence South 963.3 feet; thence West 1,700 feet to the East right-of-way line of Laurel Road;thence South along said East right-of-way line of Laurel Road,4,337 feet to the South right-of-way line of Darden Road;thence East 1,302.2 feet along said South right-of-way line of Darden Road;thence South 2,332.69 feet to the North right-of-way line of Cleveland Road; thence West along said North right-of-way line to the intersection of said North line and the East bank of the St. Joseph River;thence southerly along the St. Joseph River 24,000 feet, more or less to the intersection with the centerline of Colfax Avenue;thence West along said line to its intersection with the centerline of the St. Joseph River;thence Southerly along said centerline to the place of beginning. (2) South Bend Second Councilmanic District:Beginning at the intersection of the centerlines of the St. Joseph River and The George Cooper Memorial Bridge;thence Westerly along the centerline of the George Cooper Memorial Bridge to its intersection with the centerline of Sample Street;thence West along said line to its intersection with the centerline of Michigan Street; thence South along said line to its intersection with the centerline of Indiana Avenue; thence West along said line to its intersection with the centerline of the main Penn Central Railroad right-of-way line on the West side of Franklin Street;thence Westerly along said line to the centerline of Olive Street; thence North along said line to the intersection with the main Grand Trunk and Western Railroad right-of-way line;thence Easterly along said line to the intersection Walnut Street;thence North along said line to its intersection with the centerline of the main Conrail Railroad right-of-way line; thence Westerly along said line to its intersection with the centerline of Olive Street;thence South along said line to its intersection with the centerline of Western Avenue; thence West along said line to its intersection with the centerline of Mayflower Rd.;thence North along said line to its intersection with the Northerly right-of-way line of the main Conrail Railroad;thence Southeasterly along said line to its intersection with the centerline of Woodland Avenue extended;thence North approximately 2,500 feet along said line;thence West 660 feet;thence North 1,320 feet;thence East 660 feet;thence North 687 feet to its intersection with the centerline of Lincolnway West; thence Southeasterly along said line to its intersection with the centerline of Bendix Drive; thence North along said line to its intersection with the centerline of Elwood Avenue as extended from the East;thence East along said line as extended and said line to its intersection with the centerline of Portage Avenue; thence Southeasterly along said line to its intersection with the centerline of Diamond Avenue; thence Southwesterly along said line to its Page 6of16 Abonmarche Consultants intersection with the centerline of Vassar Avenue;thence West along said line to its intersection with the centerline of Lawndale Avenue; thence South along said line to its intersection with the centerline of California Avenue; thence East along said line to its intersection with the centerline of Blaine Avenue; thence South along said line to its intersection with the centerline of Van Buren Street; thence West along said line to its intersection with the centerline of Cleveland Avenue; thence South along said line to its intersection with the centerline of Lincolnway West;thence Northwesterly along said line to its intersection with Walnut Avenue;thence Southwesterly along said line to its intersection with the centerline of La Porte Avenue; thence Southeasterly along said line to its intersection with the centerline of Washington Street; thence East along said line to its intersection with the centerline of Chapin Street; thence South along said line to its intersection with the centerline of Wayne Street; thence East along said line to its intersection with Taylor Street; thence South along said line to its intersection with Wayne Street; thence East along said line to its intersection with Williams Street; thence North along said line to its intersection with the centerline of Colfax Avenue;thence East along said line to the centerline of the St. Joseph River;thence Southerly along said line to the place of beginning. (3) South Bend Third Councilmanic District: Beginning at the Northeast corner of Section 8, Township 37 North, Range 3 East, said point also being the intersection of the centerlines of McKinley Avenue and Logan Street;thence South along the East line of Section 8, Township 37 North, Range 3 East, 5,294.81 feet to the Northeast corner of Section 17,Township 37 North, Range 3 East; thence South along the East line of said Section 17, 1,931.8 feet to the centerline of the Saint Joseph River; thence Westerly along the centerline of the St. Joseph River 5,615 feet to the West line of Section 17 (the centerline of Ironwood Drive extended); thence South along said West line of Section 17 to its intersection with the centerline of Ridgedale Road; thence West along said line to its intersection with the centerline of Southridge Drive;thence Northerly along said line to its intersection with the centerline of Hilltop Drive; thence Northwesterly along said line to its intersection with the centerline of York Road; thence Northerly along said line to its intersection with the centerline of Altgeld Street; thence West along said line to its intersection with the centerline of High Street;thence North along said line to its intersection with the centerline of Ewing Avenue; thence West along said line to its intersection with the centerline of Main Street; thence North along said line to its intersection with the centerline of Indiana Avenue; thence East along said line to its intersection with the centerline of Michigan Page 7 of 16 Abonmarche Consultants • Street;thence North along said line to its intersection with the centerline of Sample Street;thence East along said line to its intersection with the George Cooper Memorial Bridge;thence Northeasterly along said line to its intersection with the centerline of Eddy Street; thence North along said line to its intersection with the centerline of Jefferson Boulevard;thence Easterly along said line to its intersection with the centerline of Greenlawn Avenue; thence Southerly to the intersection of the centerline of the Mainline of the Grand Trunk and Western Railroad right-of-way;thence Easterly along said rail line to its intersection with the Centerline of 26th Street;thence Northerly along said centerline to Jefferson Boulevard;thence Easterly along said line to its intersection with the centerline of the West intersection of Rue de Ville; thence Northerly along said line to its intersection with the centerline of Rue de la Paix; thence Northerly along said line to its intersection with the centerline of McKinley Avenue; thence Easterly along said line to its intersection with the centerline of Logan Street;thence South along said centerline to the place of beginning. (4) South Bend Fourth Councilmanic District:Beginning at the Northeast corner of the Northheast Quarter Section, Section 5, Township 37 North, Range 3 East said point also being the intersection of the centerlines of Edison Road and Hickory Road; thence South along the centerline of Hickory Road to its intersection with the centerline of McKinley Avenue;thence Westerly along said line to its intersection with the centerline of Rue de la Paix; thence Southerly along said line to its intersection with the centerline Rue de Ville; thence Southerly along said line to its intersection with the centerline of Jefferson Boulevard;thence Westerly along said line to its intersection with the centerline of 26th Street; thence Southerly along said centerline to the intersection with the centerline of the Mainline Grand Trunk and Western Railroad right-of-way;thence Westerly to the intersection of the centerline of Greenlawn Avenue;thence Northerly along said line to the intersection of the centerline of Jefferson Boulevard; thence Westerly along said line to its intersection with the centerline of Eddy Street; thence South along said line to its intersection with the centerline of the George Cooper Memorial Bridge; thence Southwesterly along said centerline to its intersection with the East Bank of the St. Joseph River;thence Northerly along said East Bank of said St. Joseph River to its intersection with the centerline of Angela Boulevard; thence continuing Northerly along the said east bank to the intersection of the West right-of-way line of the Michigan Central Railroad; thence Southerly and Westerly along said right-of-way line to a point that is 200 feet North of the South line of Section 35, Township 38 North, Range 2 East;thence Easterly along a line parallel to said South line 1400 feet;thence North 480 Page 8 of 16 Abonmarche Consultants feet;thence East 550 feet to the West right-of-way of SR 933 (old U.S. 33); thence South along said West right-of-way 480 feet;thence East 1563.88 feet;thence South 160 feet; thence East 709.1 feet;thence South 375 feet; thence East approximately 1,100 feet; thence South 154.55 feet to the West right-of-way line of Notre Dame Avenue;thence continuing South along said West line to its intersection with the centerline of Angela Blvd.;thence Northeasterly along said centerline to its intersection with the centerline of Edison Road; thence East along said centerline to its intersection with the East right-of-way line of Ivy Road; thence North along said East right-of-way line of Ivy Road and the East line extended, 348 feet; thence East 181.15 feet;thence North 182 feet; thence West to said West right-of-way line of Ivy Road; thence Northwesterly along said line to the East right-of-way line of Ivy Road;thence East 237 feet to the East line of the Schroederville(Original Town); thence North along said line to the intersection of the North right-of- way line of Vaness Street;thence East 348 feet along said line; thence North 119.8 feet; thence West 88 feet; thence South 37.2 feet;thence thence West 282 feet;thence North 185.25 feet;thence East 202 feet to the West right-of- way line of Burdette Street;thence North on said line 46.9 feet; thence East 356 feet;thence North 64.9 feet; thence East 296 feet to the West right-of- way of Willis Avenue;thence North along said line 61 feet;thence East on the North line of Willis Street Townhomes Minor Subdivision extended 260 feet; thence north along the East line of the Vaness Plat, 813.42 feet to the North right-of-way of Dunn Road;thence East along said North right-of-way line of Dunn Road, 1121.97 feet to the East right-of-way line of Ironwood Road;thence South along said East right-of-way line of Ironwood Road to its intersection with the South right-of-way line of SR 23; thence Northeasterly along said South right-of-way of SR 23, 630 feet to the Northwest corner of Lot 148 of Maple Lane Subdivision;thence North along the West line(and said line extended) of said lot to the South line of Lot 146 of said subdivision (also being the north right-of-way line of SR 23); thence Northeasterly along said North right-of-way line to the intersection of the East right-of-way line of Maple Lane Avenue and SR 23;thence Southwesterly to the Northwesterly corner of Lot 238 of said Maple Lane Subdivision; thence South along the West line of said lot and the West lines of Lot 241 and 242 of said subdivision; thence West to the Southeast corner of Lot 149 of said subdivision;thence West along the South lines of Lots 149 and 148, 152 feet; thence South 495 feet to the North RIW line of Roosevelt Street; thence West 372 feet along said North line of Roosevelt Street;thence South 350 feet; thence East 2,454.63 feet;thence North 1,145.68 feet;thence East 179.97 feet to the centerline of Crestwood Blvd; thence North 181 feet along said centerline of said Crestwood Blvd. to its intersection with the centerline of Page 9of16 Abonmarche Consultants Hepler Street;thence East along said centerline of Hepler Street, 1,600 feet; thence North 1,320 feet; thence East 630 feet;thence North 301.19 feet to the North line of McErlain Street and McErlain Street extended; thence Northwesterly along said North line 305.53 feet;thence South, 40.24 feet to the South line of McErlain Street;thence Northwesterly along the South line of McErlain Street 57.47 feet to the extended West line of Douglas Road - Partners Minor Lot 5;thence North 267.24 feet to the South line of Douglas Road Partners Lot 4; thence West along the south line of said parcel 510 feet, to the West line of the NE Quarter of the NE Quarter of Section 32, Township 38 North, Range 3 East; thence continuing West 31 feet to the West RNV line of 34th Street(a paper street); thence North along said RNV line 312 feet, more or less, to the North line of Elkins Street; thence East along said RNV line 31 feet to said West line of the NE Quarter of the NE Quarter of Section 32; thence North along said line, 288.53 feet to the South line of a parcel of ground with a Tax Key Number of 02-2023-0548;thence South along said West Line, 20 feet to the South line of said parcel;thence East 135 feet along the North line of Douglas Road Partners Minor Lot 3; thence North along the East line of said parcel 243.72 feet to the South line of Tax parcel 02-2023-054801;thence East along said parcel 187.70 feet; thence North along the East line of said parcel 180 feet to the South line of Douglas Road; thence West along said South right-of-way to the East right- of-way line of SR 23;thence North along to the North right-of-way line of Douglas Road; thence East 200.42 to the West Line of Standard Federal Savings Bank Replat Lot A; thence North 160.00 feet to South line of Standard Federal Bank Replat; thence East 300.00 feet to the West line of Eclipse Douglas Road Minor Subdivision; thence North along said line 186.03 feet to the North Line of Eclipse Douglas Road Minor Subdivision; thence East along said North line, 995.85 feet to the Mishawaka City Line; thence South along said City Line 385.95 feet to the centerline of Douglas Road;thence East 132.80 feet along the centerline of Douglas Road to the East line of Lafree's Douglas Road Minor Subdivision;thence South along said East line of said subdivision 752.00 feet;thence East along the South line of said subdivision 200.00 feet to the East line of Section 32; thence South along said East line of Section 32, 569.79 feet;thence West 240 feet to the East line of Creekwood Villas Section 2;thence South 1,320 feet along said line to the centerline of Hepler Street;thence East along said centerline, 240 feet; thence South 2,665.41 feet to the centerline of Edison Road;thence Easterly along said centerline to the point of beginning. (5) South Bend Fifth Councilmanic District:Beginning at the intersection of the centerlines of Main Street and Ewing Avenue;thence East along the Page 10 of 16 Abonmarche Consultants centerline of Ewing Avenue to its intersection with the centerline of High Street;thence South along said line to its intersection with the centerline of Altgeld Street;thence East along said line to its intersection with the centerline of York Road;thence Southerly along said line to its intersection with the centerline of Hilltop Drive; thence Southeasterly along said line to its intersection with the centerline Southridge Drive; thence Southerly along said line to its intersection with Ridgedale Road;thence East along said line to its intersection with the centerline of Ironwood Drive;thence North along said line, 1,324.28 feet to the City of Mishawaka Boundary; thence East 2,902 feet;thence South 5,346.02 feet;thence West 992.58 feet;thence South 1,321.20 feet to the centerline of Ireland Road;thence West 664.66 feet along said centerline of Ireland Road; thence South 40 feet to the South right-of-way line of Ireland Road; thence West 652.57 feet along the South • right-of-way line of Ireland Road to a point of intersection with the East line extended of Lot A of Hi-View Original Town 1st Replat; thence South 388.45 feet parallel to the East line of Lot 16 of Hi-View to the North line of Lot 148; thence West 60 feet to the Southeast corner of said Lot 16; thence South 970 feet along the East line of Lots 17 through 31 of said Hi-View to a point 30 feet South of the Northeast corner of Lot 31; thence West 210 feet to the center of Ironwood Road; thence South along said centerline to its intersection with the centerline of Jackson Road;thence East 3,960 feet along said centerline;thence South 237 feet; thence East 200 feet;thence North 237 feet to the centerline of Jackson Rd.;thence East to its intersection with the centerline of Grass Road;thence Southerly on said centerline of Grass Road, 900 feet;thence West 1,320 feet;thence South 3,060 feet; thence Westerly 2,640 feet; thence North 713 feet to the Southeast corner of Deer Hollow Subdivision Lot 8; thence West 1,179.11 feet along the South line of Deer Hollow Subdivision to the Southeast corner of Stonehedge Subdivision Section 3, Part 1; thence Northerly 778.65 feet along the east line of Stonehedge Subdivision Section 3, Part 1 to the North line of said Subdivision;thence Westerly 299.96 feet along said line to the Westerly line of Deer Hollow Subdivision; thence Northerly 405.89 feet to the North line of Stoneedge Subdivision Section 3, Part 2;thence West 924.35 feet along said line Northeast corner of Lot number 26 Stonehedge Subdivision Section 2; thence South 376.68 feet along the east line of said Lot 26;thence Southeasterly 73.94 feet along the North line of said Lot 26 to a point on the West RNV of Bromley Chase; thence S 30-0-'00 W, along the West RAN line of said Bromley Chase, a distance of 161.69 feet to a point of curvature of a tangent curve;thence Southwesterly along a curve to the right, said curve having a radius of 30.00 feet and being subtended by a long chord having a bearing of S 72-04-50 W and a length of 40.21 feet an arc distance of 44.07 Page 11 of 16 Abonmarche Consultants feet to a point of reverse curve, said point also being on the North R/W line of Killington Way;thence Northwesterly along a curve to the left, said curve having a radius of 245.00 feet and being subtended by a long chord having a bearing of N 77 03-38 W and a length 95.36 feet an arc distance of 95.97 feet;thence South 121.53 feet; thence West 460 feet;thence South 100 feet; thence East 260 feet to the centerline of Ironwood Road; thence South along said centerline, 1,735 feet; thence West 330 feet; thence South 484.44 feet; thence West 2,440 feet to the East RNV line of York Road;thence South 330 feet along said East line to its intersection with the centerline of Kern Road; thence West along said centerline of Kern Road, 30 feet; thence South 2,582 feet;thence West 2,228 feet to the West line of Bailey's Miami Road Minor; thence North 703 feet;thence West 436 feet to the West right-of-way line of Miami Road;thence North 220 feet; thence west 20 feet; thence North 109 feet; thence East 60 feet to the centerline of Miami Road;thence North 692 feet along said centerline ;thence West 304 feet; thence North 199.96 feet; thence East 304 feet to the centerline of Miami Road; thence North 409 feet along said centerline; thence West 250 feet;thence North 1,870 feet to the North line of a tract of land conveyed to Terry A. and Mary Beth Wiseman by deed recorded as Instrument Number 9845973; thence West along the North line of said Wiseman tract,414.58 feet; thence Southerly along the West line of said Wiseman tract, 327.74 feet to the Southwest corner of the Wiseman tract;thence N 86-41-40 W, 2021.14 feet,thence N 00-11-27 E, 1,600.83 feet;thence S 89-48-33 E, 177.00 feet;thence N 00-11-27 E, 285.12 feet to the North R/W line of Johnson Road;thence West along said North RAN line of Johnson Road,65 feet to the centerline of Fellows Street;thence North 1744 feet along said centerline to the centerline of Jackson Road;thence West 525.00 feet;thence North 720 feet;thence West 230 feet to the RAN of the US 20/31 By-Pass interchange;thence Southwesterly along said RNV, 1,400 feet to the centerline of Jackson Road;thence South along the West right-of-way of US 31 South (Dixie Highway)to the 109.48 feet South of the South right-of-way line of Dice Street;thence East 155 feet;thence South 235 to the South right-of-way line of Pulling Street; thence West along said right-of-way line 155 feet to the East right-of-way line of US 31 South (Dixie Highway); thence South along said right-of-way line to the North line of Gilmer Park 4th Addition, being also the Southwest corner of Lot 592 of Gilmer Park 2nd Addition;thence East 171 feet, more or less, along said North line of Gilmer Park 4th to the East line of the first North/South alley East of US 31 South;thence South along the East line(and said East line extended)of said alley 200 feet, more or less to the South RAN line of Lucinda Street; thence West along said South line to the first North/South alley East of US 31 South;thence South along the East RAN line of said Page 12 of 16 Abonmarche Consultants • North/South alley to the North line of Kern Road;thence South to the Northeast corner of Lot 41 of Whitcomb&Keller's Southmoor Addition, being also on the South line of Kern Road; thence Southwesterly 633.4 feet along the East lines of Lots 41,42, 42, 44, 129, 130, 131 and 132 of said Whitcomb & Keller's Southmoor Addition to the Southeast corner of said Lot 132; thence Southeasterly to the Northeast corner of Lot 2 Landon-Zimmer Minor Subdivision;thence West 131.5 feet to the Northwest corner of said Lot 2 and the East R/W line of US 31 South;thence Southerly along said East line of US 31 South to a point that is the intersection of a line that is parallel to the North line of Weller Heights Subdivision to a point 165 feet North of the Northeast corner of Lot 39 of Weller Heights Subdivision; thence West along said line to a point that is 165 feet North of the Northeast corner of lot 39 of Weler Heights Subdivision;thence South 165 feet to the Northwest corner of Lot 39 in Weller Heights Subdivision; thence West along the North line of Weller Heights Subdivision to the West line of the Southeast quarter of Section 2, Township 36 North, Range 2 East; thence North 1,131.5 feet along the West line of the Southeast quarter and the Northeast quarter of said Section 2,to the Southeast corner of LaFayette Falls, Phase III, Section Two;thence West 2,635.6 feet to the West line of the Northwest Quarter of said Section 2 ;thence South along said line 647 feet;thence West 1,273 feet; thence North 2,296 feet;thence East 1,273 feet to the West line of Kern Road Estates, Section 2;thence South 300 feet along said line; thence East 960 feet;thence North 1,115 feet;thence East 130 feet; thence North 320 feet;thence East 1,280 feet along the centerline of Kern Road; thence South 1,000 feet along the East line of LaFayette Falls;thence East 1,133 feet; thence North 1,000 feet to the North R/W line of Kern Road;thence East 255.25 feet along said North line of Kern Road; thence South 1,593.99 feet; thence East 572.40 feet along the North line of Landon-Zimmer Minor Subdivision;thence South 132.29 feet;thence East 165.11 feet to the West right-of-way line of US 31 South;thence North 800 along said right-of-way line; thence Westerly 210.95 feet; thence North 121.63 feet;thence East 255 feet to the West right-of-way line of US 31; thence 427.23 feet along said right-of-way line; thence West 222.81 feet;thence North 334.87 feet to the centerline of Kern Road;thence East 160 feet along said centerline;thence Northeasterly 150 feet to the West right-of-way line of US 31 South;thence Northeasterly 70 feet along said right-of-way line;thence West 500 feet; thence North 260 feet; thence 520 feet to the West right-of-way line of Main Street;thence North along the West right-of-way line of Main Street to South line of lot 40 Gillmer's South Michigan Street Addition;thence West along the Southe South line of said Lot 40136.1 feet ; thence North 120.3feet to the Northwest corner of Lot 38 in said Subdivision;thence East 145.2 feet to the Page 13 of 16 Abonmarche Consultants West right-of-way line of Main Street; thence Northerly 196 feet along said right-of-way;thence West 136 feet;thence North 70 feet to the North line of Lot 33 in said Subdivision; thence East 139.4 feet to the West right-of-way • line of Main Street;thence North along the West line of Main Street to its intersection with the centerline of Jackson Road; thence West 1,200 feet along said centerline; thence North 300 feet;thence Southwesterly 331.38 feet; thence South 225.00 feet to the centerline of Jackson Road; thence West 2,171.18 feet along said centerline to its intersection with the easterly right-of-way line of Conrail;thence northeasterly along said railroad right-of- way line to its intersection with the centerline of Ireland Road; thence North 2,660 feet North to the intersection with the centerline of Chippewa Avenue; thence West along said centerline to its intersection with the centerline of Linden Road;thence South along said centerline to its intersection with the South right-of-way line of US 20/31; thence Northwesterly, 3,300 feet along the South right-of-way line of US 20/31 to the East right-of-way line of Locust Road; thence South along said East right-of-way line; thence West 200 feet to the West right-of-way line of said Locust Road; thence North to the South right-of-way line of the US 20/31;thence Northwesterly along said right-of- way line to its intersection with the western extension of the centerline of Chippewa Street; thence East along the extension and the centerline of Chippewa Street to the North-South Centre and Portage Townships line; thence South along said Township line to the intersection of the extension of the centerline of Teri Street; thence East along said line extension and the centerline of Teri Street to its intersection with the centerline of Fellows Street;thence North along said centerline to its intersection with the centerline of Southmore Avenue;thence Easterly along said centerline to its intersection with the centerline of Montgolfier Place;thence Easterly and Northerly along said centerline to its intersection with the centerline of Langley Avenue;thence Northerly along said centerline to its intersection with the centerline of Klinger Street; thence Westerly along said centerline to its intersection with the centerline of Fellows Street; thence North along said centerline to its intersection with Dean Street;thence West along said centerline to its intersection with the centerline of St. Joseph Street;thence Northerly along said centerline to its intersection with the centerline of Farneman Street; thence East along said centerline to its intersection with the centerline of Carroll Street;thence North along said centerline to its intersection with the centerline of Donmoyer Avenue;thence West along said centerline to its intersection with the centerline of Michigan Street; thence South along said centerline to its intersection with the centerline of Tasher Avenue; thence West along said centerline to its intersection with the Page 14 of 16 Abonmarche Consultants centerline of Main Street;thence North along said centerline to the point of beginning. (6) South Bend Sixth Councilmanic District: Beginning at the intersection of the centerline of Chippewa Avenue with the centerline of Linden Road;thence West along the projected centerline of Chippewa Avenue which is also the Boundary line of Centre and Portage Townships to the Southwesterly right- of-way line of US 20/31; thence Northwesterly along the Southwesterly right- of-way line of the US 20/31 to the Southeasterly right-of-way line of SR 23; thence Northeasterly along the Southeasterly right-of-way of SR 23, 2,400, feet more or less to the East property line extended of a lot with Tax Key number 17-1013-0326; thence North 400 feet along said East property line; thence Southwesterly 211.43 feet to the West line of Section 22, Township 37 N, Range 2 East;thence North along the West line of said Section 22, 1,550 feet more or less to a point 210 feet South of the North line of said Section; thence West 200 feet; thence North 210 feet; thence West 2,640 feet;thence North 1,320 feet to the centerline of Calvert Street; thence West along said centerline and said centerline extended, 1,320 feet;thence North 1,720 feet;thence West 1,340 feet to the East line of Matthy's Mayflower Road Second Minor Subdivision; thence South 152.10 feet along said East line; thence West 1,423.53 feet along the South line of said Subdivision; thence Northwesterly 505.66 feet along said boundary line;thence North 68.87 feet along said boundary line; thence Northwesterly 752.90 feet along said boundary line to the East right-of-way line of Mayflower Road;thence North 70.00 feet along said right-of-way line; thence West 2,200 feet;thence North 1,132.3 feet; thence East 788.39 feet;thence North 1,088.7 feet to the North line of Section 17, Township 37 N, Range 2 East, and the centerline of Sample Street;thence East along said centerline, 1,320 feet to its intersection with the centerline of Mayflower Road;thence North along said centerline to its intersection with the centerline of Western Avenue; thence East along said line to its intersection with the centerline of Olive Street; thence North along said centerline to its intersection with the centerline of the main Norfolk and Western Railroad (formerly the Conrail Railroad) RNV; thence Southeasterly along said Norfolk and Western to its intersection with the centerline of Walnut Street; thence South along said centerline to its intersection with the centerline of the main Grand Trunk and Western Railroad RNV; thence Westerly along said centerline to its intersection with the centerline of Olive Street; thence Southerly along said centerline to its intersection with the centerline of the main Penn Central Railroad right-of- way line; thence East along said railroad centerline to its intersection with the centerline of Indiana Avenue;thence East along said centerline to its Page 15 of 16 Abonmarche Consultants intersection with the centerline of Main Street; thence South along said centerline to its intersection with the centerline of Tasher Street;thence East along said centerline to its intersection with the centerline of Michigan Street; thence Northerly along said centerline to its intersection with the centerline of Donmoyer Avenue;thence East along said centerline to its intersection with the centerline of Carroll Street;thence Southerly along said centerline to its intersection with the centerline of Farneman Street;thence West along said line to its intersection with the centerline of St. Joseph Street;thence Southerly along said line to its intersection with the centerline of Klinger Street;thence Easterly along said centerline to its intersection with the centerline of Langley Avenue;thence Southerly along said line to its intersection with the centerline of Montgolfier Place;thence Southerly along said line to its intersection with the centerline of Southmore Avenue;thence Northerly and Westerly along said centerline to its intersection with the centerline of Fellows Street; thence South along said line to its intersection with the centerline of Teri Street;thence Westerly along said centerline line and said line as extended to the West to its intersection with the North-South Centre and Portage Townships line;thence North along said Township line to its intersection with the centerline of Chippewa Street; thence West along said centerline to its intersection with the centerline of Linden Road to the place of beginning. Land Surveyor Certification I, Roger T. Nawrot, hereby state that I am a Land Surveyor, licensed in compliance with the laws of the State of Indiana; and that to the best of my knowledge and belief that the above legal description for the City of South Bend Common Council Districts represents the Option#3 Map based upon the 2010 Census Districts as prepared by the St. Joseph County GIS Department. This legal description was prepared using the St. Joseph County GIS and plats of record. °o♦„aeeld��d$ /z//z 0� ST q a. S Roger T. Nawrot 890005 s z °°"' "* Professional Land Surveyor �� !TATEa Sao Page 16 of 16 Abonmarche Consultants 6 - 6 O'er S Ordinance No. Bill No. -12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 ARTICLE 4, SECTION 4-35 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING MASSAGE ESTABLISHMENTS AND MASSAGE THERAPY STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana,has regulated massage therapy and massage establishments, based on public health and safety concerns for the past forty (40) years in conjunction with the St. Joseph County Health Department. In light of the recent amendments to the Indiana Code addressing massage therapy and massage establishments, changes to the local licensing procedures are needed. The following ordinance has been drafted in consultation with the St. Joseph County Health Department. Proposed amendments are consistent with the governing Indiana law codified in the seven (7) Chapters of Indiana Code § 25-21.8; as well as the governing provisions of the Indiana Administration Code (JAC) set forth in the rules codified in 8471AC 1-1-1 et seq. This ordinance is based on public health and safety considerations, and is believed to be in the best interests of the City of South Bend, Indiana. 9iCat, Om 1e a Ordained to iamman caaned?Lie " 9' 2/ead4 i 'end (:than% &joloar Section I. Chapter 2, Article 4, Section 4-34 of the South Bend Municipal Code is amended to read as follows: Sec. 4-35 Massage Establishments and Massage Therapy.Technicians. (a) Definitions. As used in this section: 1 (1) Applicant means any person applying for a license under this Section, whether for a new or renewal license (2) Disinfection. A process that destroys all microorganisms,with the exception of I Indiana Code§25-21.8-1-1,et seq.sets forth additional definitions. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 2 high numbers of bacterial spores through the use of high temperature or an Environmental Protection Agency registered tuberculocidal disinfectant. (3) Health Department means the St. Joseph County Health Department. Et) Health Officer means the St. Joseph County Health Officer or his or her duly authorized representative. is) Indiana State Board of Massage Therapy means the board established by Indiana Code § 25-21.8-2 to provide for the certification of persons who claim to be Certified Massage Therapists or Massage Therapists. 16) Indiana State Massage Therapist Certificate means a certificate issued by the Indiana State Board of Massage Therapy for persons who claim to be Certified Massage Therapists or Massage Therapists. • (7) Inspection means an onsite review of the massage establishment and any other portion of the establishment and associated records as deemed necessary by authorized city employees and by the Health Department. (8) Massage Establishment means any business located in a building, room, place or establishment, utilized for the practice of massage therapy, other than: (i) A Recognized School of massage therapy; or (ii) An ISDH licensed medical facility.2 (9) (4) Massage Therapy means the manipulation of superficial and deeper layers of the muscle and connective tissue using various techniques, to enhance function, aid in the healing process, or promote relaxation and well-being with the hand, fingers, elbows, knees, feet and legs. Massa.e thera. involves workin. and actin. u.on the bod with .ressure throu. structured and unstructured, stationary, or moving tension, motion, or vibration, performed manually or with mechanical aids. Target tissues may include muscles, tendons, ligaments, fascia, skin,joints, or other connective tissue as well as 1 . •hatic vessels or or.ans or the .astrointestinal s stem. Tar.et tissue specifically excludes the genitals or female breasts. .. .• , . . . . . - . .- - •. _ . , 2 ISDH refers to the Indiana State Department of Health. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 3 : _ _ _, - - _ , . • . - • • _ , - .. - ., . - , , ., . , ■ .• • , . - -' , enhe massages-er-bathsr (10) (3) Massage Therapist teehnician means •- - - _ , - . .' " an individual who practices massage therapy. : - - - • - • ,' . (11)(4) Person means any person, association, firm,partnership or corporation. (12) (&) Patron means any person who receives a massage er--bath from a massage therapist thnieian. with a patron also meaning a customer. (13) (6)Recognized school of naSSage means any school or institution of learning which . ' . . --. - -- . - . - - , - •• , . . • -, - ,:, , . !!. - -- - - _ • • • • - - - - • -• . -- .. . is a member in good standing of at least one(1) of the following: Li) The American Massage Therapy Association (ii) The American Medical Massage Therapy Association (iii) The National Certification Board for therapeutic Massage and Bodywork (iv) A state agency or a board or other organization established by Indiana • state law which has as its purpose the regulation or monitoring of the massage industry and/or therapists in the State of Indiana; A school, as determined by the Health Department, which has for its purpose the teaching of the theory, ethics, practice methods, and profession or work of massage therapy and which requires that a student successfully complete a course of study of not less than five hundred Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 4 (500) credit hours of classroom instruction in massage therapy and related training. (14) Sterilize means the use of a physical or chemical procedure to destroy all microbial life,including highly resistant bacterial endospores. - .. . .. . . . . -. . , .. . . . . • •., •- - . . ..- scalp . agencies. (c) Massage establishment license required;procedure for filing application; issuance. It shall be unlawful for any person to engage in, conduct, or carry on, in or upon any premises within the City of South Bend the business of a massage establishment without a license issued pursuant to the provisions of this section for each and every such massage establishment. (1) Application; contents: a. An application for a license to operate a massage establishment shall be filed on or before February 28 of each calendar year •, : - : :.. : : ' . : • upon forms provided by the City Controller's Office, and such application shall be verified under oath. b. The filing of an application for a license does not authorize conducting a massage establishment business until such license has been granted. However, a Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 5 person may operate a massage establishment or practice massage therapy without obtaining a license if the person is a: 1. State of Indiana licensed professional nurse, registered nurses physician, chiropractor, osteopath, physical therapist or physical therapist assistant with their license displayed in a prominent location; 2. Student enrolled in a Recognized School and performing massage therapy only as part of his or her training requirement; 3. Athletic trainer who has received training in massage therapy and who is providing therapy in a training facility that has sufficient space and training equipment to serve ten (10) customers at once; or 4. State of Indiana of licensed esthetician who is only performing manipulation of the skin at a State of Indiana licensed salon with the license displayed in a prominent location. An esthetician may not perform massage therapy of the muscle or connective tissue without obtaining a massage therapy license. c. Each applicant shall furnish the following information: 1. The legal name of the applicant. 2. The present address and telephone number(s) including cell number of the applicant. 3. The previous addresses, if any, for a period of three (3) years immediately prior to the date of application and the dates of such residence. 4. The date of birth. 5. Three (3) passport size photographs one (1) inch by one (1) inch taken within six (6)months of the date of application. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 6 6. The business, occupation or employment history for three (3) years immediately preceding the date of application, including but not limited to, whether such person previously operating under a permit or license in another city in this or another state has`had such license suspended or revoked, the reason therefore and the business activity or occupation subsequent to such action of suspension or revocation. 7. All convictions, including ordinance violations, exclusive of traffic violations,with a brief statement of the nature of the convictions and the jurisdiction in which the convictions occurred. 8. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its article of incorporation or charter, together with the state and date of incorporation, and the names and addresses of each of its current officers, directors and each stockholder who owns fifteen (15) percent or more of the stock of the corporation, and the application shall be verified by an officer of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners,and the application shall be verified by each partner. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate application shall apply to the corporate partner. If the applicant is neither a corporation nor a partnership the application shall set forth the full name and address of the applicant and be verified by the applicant. The applicant for massage establishment license shall set forth the proposed place of business and the facilities therefore, together with a detailed description of the nature and scope of the proposed business operation. 9. Irrespective of all other conditions or requirements, a massage establishment license or massage therapy license shall not be issued to any person who has been convicted of a felony in any state or county involving a sex act. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 7 (2) Review and recommendations: Application for licenses under this article shall be referred to the proper offices for formal review and recommendation and each shall report their findings to the Board of Public Works Safety.;The Health Department. subject to the terms and conditions of an Inter-Local Governmental Agreement, shall conduct inspections to determine compliance with health and sanitation requirements. Applicants shall cooperate with any review conducted pursuant to the provisions of this article and shall permit access to the proposed place of business and facilities in conjunction with any such review. (3) Public hearing and notice: Upon the filing of an application, the Board of Public Works Safety shall fix a time and place for a public hearing thereon. Written notice of hearing shall be given to the applicant. Due notice shall also be given to the general public by publication of such notice one time in a local newspaper of general circulation:Any interested person may file with the Board of Public s Safety a memorandum in support of or in opposition to the issuance of a license. (4) Granting of license: Within thirty(30)days of the receipt of an application and after proper publication and receipt of the aforesaid recommendations the Board of Public s Safety shall conduct a public hearing and shall instruct the City Controller to issue a license to operate a massage establishment if it is found that: a. The application reasonably conforms to the provisions of this section. b. The applicant has not knowingly made a material misrepresentation in the application for a license. c. The applicant has reasonably cooperated in the review of his application. d. The massage establishment as proposed by the applicant would comply with all applicable laws, including but not limited to the City's building, zoning, health, fire and safety regulations. e. The applicant if an individual, or any of the stockholders of the corporation, any officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, have not been convicted of any crime involving unlawful deviate conduct, deviate sexual conduct, or unlawful sexual conduct, as defined in Title 35 of the Indiana Code, within three(3) years prior to the date of application. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 8 1. The applicant has not had a massage establishment license or a massage technician permit or other similar license or permit denied or revoked for cause by this City or any other city located in or out of this State within the three (3) years prior to the date of application. g. The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, is eighteen (18) years of age. h. The applicant, if a corporation, is licensed to do business and is in good standing in the State of Indiana. i. The massage establishment as proposed by the applicant would comply with the requirements of this Article. (5) Inspection of Massage Establishment: The Health Department shall inspect massage establishment locations to determine compliance with this Section. Inspections are to be made at reasonable times with due regard to the nature of the business to be inspected. f6) License fee: a. The fee for an annual license to operate a massage establishment shall be one _, - , , . !.!!) two hundred dollars ($200.00) payable to the City of South Bend Controller the time of the issuance of said license, and shall be subject to the addition of a late penalty if not timely filed. b. The annual license shall be effective from February to January March 1 to last day of February of the year for which the license is issued. c. The license to operate a massage establishment shall include the following: 1. The name and address of the applicant. 2. The name and address of the massage establishment. 3. The date of issuance. and must be prominently displayed for full viewing by the customer on the premises of the permitted establishment at all times during business hours. Only persons who own a facility that meets all of the application provisions of this Section shall be entitled to receive and retain such a license. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 9 (d) Massage k.ehnicianls Therapy license required. It shall be unlawful for any person to perform massage therapy : - • - - unless he or she has a valid license issued pursuant to the provisions of this Article. (1) Application; contents: a. An application for a license to perform massage therapy act as a massage tegin shall be filed on or before February,28 of each calendar year with the City Controller upon forms provided by the City Controller's Office and such application shall be verified under oath. b. The filing of an application for a license does not authorize acting as a massage technician until such license has been granted. c. Any applicant : . • • _- •- - - - to perform massage therapy shall provide: 1. The legal name of the applicant: 2. The current address where the applicant will reside while performing massage therapy in the City of South Bend; 3. A copy of the applicant's driver's license or government issued identification; 4. A copy of the applicant's Indiana State Board of Massage Therapy Certificate; 5. A copy of the applicant's diploma or certificate of graduation from a recognized school of massage therapy where he or she received training in massage therapy; 6. The name of the massage establishment at which the applicant is or expects to be employed, if any; and 7. Other related information as may be deemed reasonable and necessary by the Office of the City Controller to determine the validity of the diploma or certificate from a recognized school. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 10 be-employed: d. The massage establishment where the applicant intends to work must possess a current massage establishment license issued by the City of South Bend. e. If the Indiana State Board of Massage Therapy ceases to require background checks for applicants or validate the massage therapy school which provided training to the applicant, the following shall be required instead: 1. The applicant shall cause to be provided to the Office of the City Controller, clear, verifiable, and convincing information that the school that provided the applicant's training in massage therapy is a Recognized School as defined in this Section and the applicant received a certification or diploma in massage therapy that included five hundred (500) hours of applicable classroom training. This information shall include one of the two items listed below: i. A statement from one (1) of the organizations listed in the definition of Recognized School that the school is a member in good standing: or ii. Information adequate for the Office of the City Controller to determine that the school is a recognized school and the applicant completed the required training. In making this determination, the Office of the City Controller may require the following: (1) Licensing or membership information showing that the school is a Recognized School; (2) Requirements for a student to obtain a certification or diploma; (3) Information concerning suspension or cancelation of any massage licenses, approval, of certifications in the last ten(10) years; (4) Transcripts of classroom study; Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 11 (5) A certification of graduation or diploma showing the applicant completed the training required; and (6) Other information as may be deemed reasonable and necessary for the Office of the City Controller to determine that the school is a Recognized School and the applicant for a license has obtained the required training, certification or diploma. (2) Review and recommendations: Applications for licenses under this section shall be referred to the proper offices for formal review and recommendations and each shall report their findings to the City Controller's Office. (3) Granting of license: Within thirty (30) days of receipt of the application and aforesaid recommendations, the City Controller shall issue a massage license if it is found that: a. The application reasonably conforms to the provisions of this section. b. The applicant has not knowingly made a material misrepresentation in the application for a license. c. The applicant has reasonably cooperated in the investigation of his application. d. The applicant has not, within three (3) years immediately preceding the date of application, been convicted of the crimes of unlawful deviate conduct, deviate sexual conduct or unlawful sexual conduct as defined in Title 35 of the Indiana Code. e. The applicant has furnished an acceptable diploma or certificate of graduation from a Recognized School or, in lieu thereof, has demonstrated competence and proficiency to the satisfaction of the City Controller pursuant to the requirements of this Section • . . .. - . . . . - . f. The applicant has not previously had a massage technician's license or a similar license denied or revoked for cause by this City or by any other city in this or any other state within three(3) years of the date of application. g. The applicant is eighteen(18) years of age. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 12 (4) License fee: a. The fee for an annual license to perform massage therapy a technician—shall be seventy-five dollars ($75.00) fifty fi' dollara (45.5 0m payable to the City of South Bend Controller at the time of the issuance of such permit, and shall be subject to the addition of a late penalty if not timely filed. b. The annual license shall be effective from February 1 to Tanary 3' March 1 to last day of February of the year for which the permit is issued. (5) Denial: If a license is denied, the applicant may appeal to the Mayor for a hearing pursuant to Section 4-16 of this Chapter. (e) Facilities. Every massage establishment shall maintain facilities meeting the following requirements: (1) Zoning: Every massage establishment shall be operated or conducted only in districts permitted by the City zoning chapter of the South Bend Municipal Code. (2) Sign: A recognizable and legible sign shall be posted at the main entrance identifying the establishment as a massage establishment. It shall comply with all applicable ordinances and State laws on sign requirements. (3) Security lockers: Every massage establishment shall be equipped with security lockers capable of being locked by the patron. A sufficient number of security lockers shall be provided so that each patron may properly secure and store his clothing and other personal valuables. (4) Separate facilities for male and female patrons: If male and female patrons are to be served simultaneously, such massage rooms, dressing facilities, restrooms and sauna rooms as are provided shall be separate facilities for male and female patrons and each separate facility or room shall be clearly marked as such. Said separated facilities shall consist of the following: One shower; one washbasin; one restroom facility; one dressing facility and one massage room incapable of being locked from the interior. A shower shall be a single person shower and no one except the customer shall use or enter the shower. Every massage establishment shall have washbasins equipped with both hot and cold water, anti-bacterial soap, sanitary towels and a door equipped with a lock for privacy. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 13 (5) Facilities for employees: A minimum of one separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practical to the area devoted to the performing of massage services. In addition,there shall be provided sanitary towels in permanently installed dispensers at each washbasin. (6) Size and lighting: Minimum lighting shall be provided in accordance with the municipal building code, and in addition, at least one artificial light of not less than forty(40) watts shall be provided in each room or enclosure where massage services are performed on patrons. Lighting in or on the establishment in colors other than white or natural is prohibited. Such rooms shall have at least fifty(50) square feet of clear floor area. (7) Ventilation: Minimum ventilation shall be provided in accordance with the municipal building code. (8) Equipment: All equipment necessary to properly furnish and maintain a massage establishment pursuant to the standards set forth by the American Massage -Therapy Association. . • . .. . . . . (9) The following requirements shall be used to maintain clean and sanitary linens: incorporated hhere. a. Soiled linen shall be handled as little as possible and with minimum agitation to prevent gross microbial contamination of the air and of persons handling the linen. b. All soiled linen shall be bagged or put into carts at the location where it was used. c. Linen soled with blood or body fluids, including perspiration shall be deposited and transported in bags to prevent leakage and human contact with the blood or bodily fluids. d. Linen shall be washed with a detergent in water at least 71°C (160°F) for 25 minutes. • Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 14 e. Clean linen shall be transported and stored by methods that will ensure its cleanliness. f All washed linen shall be dried at a high temperature setting. (10) All exterior windows of the massage establishment except those in a room where massage therapy is performed, shall remain at least seventy-five percent (75%) uncovered by curtains, shades, or any other material that restricts the view from the outside during business hours. (11) The person performing massage therapy shall prominently display their massage therapy license or a clearly legible copy for full viewing by patron or customer while performing massage therapy. (f) Operation. Every massage establishment and every person desiring to perform massage therapy massage technic1an shall comply with the following operating requirements. These requirements shall be prominently and publicly displayed in a conspicuous place upon every premises licensed under the provisions of this section. (1) Massage establishments shall commence operations no earlier than 7:00 a.m. and the hours of operations shall extend no later than 12:00 midnight. (2) Massage establishments and persons who perform massage therapy massage technicians—therein—shall prominently and publicly display on the premises their respective licenses and permits during all hours of operation. (3) A list of services available and the cost of such services shall be posted in an open, public place on the premises, and shall be described in readily understandable language. No owner, operator, responsible managing employee or manager shall permit and no persons who performs massage therapy massage-tee shall offer to perform any services other than posted and at any time outside of the hours of operation. (4) Massage establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens. - , -: - - •- - • .- stored in cabin Towels and linens shall not be used on more than one patron unless they have first been laundered and disinfected. Disposable coverings and towels shall not be used on more than one patron. Soiled linens and paper towels shall be deposited in approved receptacles. Rooms shall be equipped with cabinets for the storage of clean linen, chemicals, and biohazard receptacles for the storage of soiled linen. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 15 (5) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments, restrooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the Health Department. Bathtubs shall be thoroughly cleaned with a disinfectant approved by the Health Department after each use All walls, ceilings, floors and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. (6) Instruments utilized while performing a massage,that come into direct contact with the patron's skin must,be sterilized. These instruments must be kept in single-use acka.es until use and then re-sterilized before use a.ain. An instrument used durin a massage that does not come into direct contact with the skin of the patron must undergo disinfection following its use Massage table pads must undergo disinfection following their use All chemical containers shall be stored in cabinets in cabinets reserved solely for that purpose. - . - - - _ -- . (7) Massages shall not be given unless patrons are wearing clothing fully covering their genitals and female patrons are in addition wearing clothing fully covering their breasts. Where such clothing is furnished patrons by the massage establishment, it shall not be used by more than one patron unless it has first been laundered and disinfected. Massage technicians Persons performing massage therapy shall be fully clothed from the knee to the neck in clean, light-colored clothing. (8) No persons shall enter, be or remain in any part of a massage establishment while in the possession of, consuming or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee or manager shall not permit any such person to enter or remain upon such premises. (9) Massages shall not be given to patrons who have open sores or other visual signs of contagious or communicable disease. (10) No person in any massage establishment under this section shall place his or her hand upon, tuch with any part of his or her body, fondle in any manner, or massage a sexual and/or genital area of any other person. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 16 (1 1) Massage establishments are prohibited from installing or maintaining any lock or similar device on any door to an area where massage services are provided., (12) The entrance to the massage establishment shall remain unlocked during business hours. (13) No massage establishment shall place, publish, or distribute or cause to be placed., published or distributed, anv advertisement, picture or statement which is known or through the exercise of reasonable care, should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize any massage services or which is sexually suggestive. (14) No bathing or cleaning of a customer or patron shall be performed by any person other than the customer or patron. (15) No stuffed or upholstered furniture or beds and mattresses shall be permitted in rooms in which massage is to be practiced or administered. The rooms shall be equipped with massage tables having a hard surface impervious to liquids with a width of no more than three feet (3') and a length of no more than eight feet (8'). The surface of the tables shall be positioned at least two feet (2') from the surface of the floor so as to allow for free access to the floor beneath. The tables may be equipped with either non-disposable pads or covering or disposable covering no more than two and one-half inches thick. Non-disposable pads or coverings shall be removable, impervious and cleanable. (g) Inspections. Building inspectors, firemen firefighter inspectors and health officers shall at least twice each year make an inspection of each massage establishment in the City for the purpose of determining that the provisions of this Chapter are met. Such inspections shall be conducted after reasonable notice is given to the owner or operator of a massage establishment; they shall take place during the hours such establishment is open for business; and only upon the showing of proper credentials of such persons. All other investigatory power such officers may have from State laws shall be incorporated herein. (1) In the event a person, who has common ownership over a building or structure or their authorized representative or the massage establishment permittee or their authorized representative does not permit an inspection by an authorized representative of the Health Department, it shall be grounds for the immediate suspension of the license to perform massage therapy at the establishment and the suspension shall remain in effect unless rescinded by the Health Officer. Failure of Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 17 the person to permit an inspection will be sufficient grounds and probable cause for a court of competent jurisdiction to issue an administrative warrant for the purpose of inspecting and records examination necessary to carry out the provisions of this Section. (2) Whenever the Health Department determines that there are reasonable grounds to believe that there has been a violation of the health and safety provisions of this Section, the Health Department shall give notice in writing of the alleged violation to the person or persons responsible thereof, and to any known agent of the person. This notice shall: a. Include a statement of reasons why is is being issued; b. Allow a reasonable time for the performance of any corrective action it requires; c. Describe the penalty that is imposed for the violation; and d. Be served upon the owner or his or her agent or the operator, as the case may require; provided that the notice shall be deemed to be properly served upon the owner or agent or upon the operator, if a copy thereof is served upon him or her personally, or if a copy thereof is sent by certified mail to his or her last known address, or if a copy thereof is posted in a conspicuous place in the dwelling affected by the notice, or if he or she is served with the notice by any other authorized or required method under the laws of this state. (h) Grounds for revocation or suspension of license or permit: (1) Massage establishments and persons performing massage therapy massage technicians shall be subject to all pertinent City and County ordinances and the State of Indiana statutes and violation of any such laws shall be grounds for the suspension or revocation of licenses or permits. (2) It shall be unlawful for any person to operate a massage establishment without having a license therefore as required by this Section. (3) It shall be unlawful for any person to perform massage therapy act as a massage technician without having a permit therefore as required by this section. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 18 (4) It shall be unlawful for any person who operates a massage establishment to allow or permit persons to perform massage therapy ,• • - - .1- - -' ' without first having a license permit therefore as required by this section. (5) It shall be unlawful for any person to perform massage therapy act a m°ssage technician-within a massage establishment which does not have a license therefore as required by this section. (j) Conducting in violation of section deemed a nuisance. Any massage establishment operated, conducted or maintained contrary to the provisions of this section shall be unlawful and declared a public nuisance. The Law Department City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action for the abatement, removal or enjoinment therefore, in the manner provided by law; and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishment and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this section. (k) Penalty. Additionally, any person who violates any provision of this section shall be issued an ordinance citation of two hundred fifty dollars ($250.00) for the first violation; with a minimum fine of five hundred dollars ($500.00) for each violation thereafter, with the Law Department being authorized to seek the maximum financial penalty permitted by Indiana law for repeat violations. . - , .- . -- •- - • • - - - • •• - - - - . .. . - . . . -. - . . !e.!! . Any violation found by the Health Department shall result in the violator being liable to the Health Department for any expense, loss or damage occasioned it by reason of the violation, including the costs for labor, supplies, equipment and services. The violation of any provision of this article shall constitute a separate offense for each day such violation may exist. (Ord.No. 6998-81, § 1; Ord.No. 7723-86, §2;Ord.No.9093-00, §IX) Section II. Repeal of Conflicting Ordinances: All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section III. 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. Ordinance Amending Section 4-35 SSMC Addressing Massage Establishments&Therapy Page 19 Section IV. This ordinance shall be in full force and effect on January 1, 2013, from and after its passage by the Common Council, approval by the Mayor and legal publication. 01.v, cAfk„.„ ift Member of the Common Couneif ark** John Voorde, City Clerk acka 6:s issue, &Valenta*#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 gfrAoeed and*need me on lie day of , 2012, at o'clock .m. Pete Buttigieg Mayor of the City of South Bend,Indiana Filed iiiti:::17;::-titike i.;1 READING PUBLIC HEARING NOV 1 9 Z-10IZ 3 rd READING NOT APPROVE JO REFERRED. CITY CLERK,sou ni BEND,IN PASSED �;��� h Bend (-- �'` '�'�' /4- City of South Common Council , 1865 k 441 County-City Building • 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://wvvw.southbendin.gov Derek D. Dieter President Oliver J. Davis Vice-President Karen L. White November 19,2012 Chairperson, Committee of the Whole Members of the Common Council Tim Scott 4th Floor County-City Building First District South Bend, Indiana 46601 Henry Davis, Jr. Re: Proposed Amendments to Massage Establishment& Massage Therapy Second District Regulations Valerie Schey Dear Council Members: • Third District Fred Ferlic The attached ordinance would bring our local licensing and health & public Fourth District safety regulations addressing massage establishments and persons offering massage therapy in compliance with new state law regulations and new David Varner amendments enacted by St. Joseph County. Fifth District We have been working with the St. Joseph County Health Department on these Oliver J. Davis proposed amendments. Earlier this month, the St. Joseph County Council Sixth District unanimously passed an ordinance making similar changes. Derek D. Dieter South Bend's regulations in this area, have not been updated since 2000. The At Large p proposed regulations primarily focus on: Gavin Ferlic At Large • Requiring applicants who wish to provide massage therapy to first obtain certification from the State Board of Massage Therapy, which is under the Karen L. White Indiana State Department of Health At Large • Updates health and safety regulations and terminology to comply with the Indiana Code and the Indiana Administrative Code • Recommends the same fee schedule as that required by St. Joseph County, namely $75 for a massage therapy license and $200 for a massage establishment license Cover Letter to Ordinance Amending SBMC§4-35 Massage Establishments&Massage Therapy Regulations November 19,2012 Page 2 • Changing the date for applying for such licenses, at the request of the Department of Administration of Finance, to "on or before February 28th", which is similar to St. Joseph County's requirements The proposed regulations would take effect on January 1, 2013. As noted by the St. Joseph County Health Department, the proposed amendments are necessary in order "to protect the integrity of the massage therapy industry". Massage therapy is a valuable therapeutic service, and its professionalism must be protected. The proposed regulations would also protect the health and public safety of persons who need or request properly licensed massage therapy. I recommend that the attached ordinance be referred to the Health and Public Safety Committee, and be set for 2nd & 3rd readings and public hearing at the Council's regular Common Council meeting scheduled for December 10`" Thank you. Most sincerely, Dr. Fred Ferlic, Chairperson Health and Public Safety Committee Attachment cc: Dr. Thomas Felger, St. Joseph County Health Officer Mr. Marc Nelson, Environmental Health Officer, St. Joseph County Health Department Filed Pp Office NOV 19 2012 whix- CITY mum,vutz t try SEND,IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ESTABLISHING MARTIN LUTHER KING,JR.(MLK) DAY AS A DESIGNATED CITY HOLIDAY AND AMENDING CHAPTER 2,ARTICLE 8, SECTION 2-121 OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT On November 2, 1983, President Ronald Reagan signed a bill, proposed by U.S. Representative Katie Hall of Indiana which formally created a federal holiday to honor Reverend Martin Luther King, Jr. The first observance began on January 20, 1986, and has been celebrated each year thereafter on the third Monday of January. In 1986, the Indiana General Assembly enacted Public Law 2-1986 which established Martin Luther King, Jr.'s birthday as a legal holiday in Indiana, and further designated that this holiday would be observed on the third Monday each January. Employees of St. Joseph County and Elkhart County are able to participate in planned activities and events to honor the life of Reverend King because for them Martin Luther King, Jr. Day is a paid holiday. It is fitting, appropriate, and respectful of Martin Luther King, Jr.'s legacy and influence on human rights and dignity, that officers and employees of the City of South Bend observe Martin Luther King, Jr. Day, the third Monday in January, as a paid holiday. The South Bend Common Council has previously recommended that this become a paid holiday for City officers and employees beginning calendar year January, 2013 (Resolution No. 4150-12). Establishing Martin Luther King, Jr. Day as a regular paid City holiday, although fitting, appropriate, and respectful, has a significant fiscal impact on the City's budget. To offset this impact, it is necessary that the total number of paid holidays for City officers and employees remain the same as it was before this enactment-- at ten holidays. Accordingly, the option of choosing an additional non-designated holiday will no longer be available to City officers and employees. NOW, THEREFORE BE IT ORDAINED AND DECREED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Commencing in calendar year 2013 Martin Luther King, Jr. (MLK) Day, observed on the third Monday of January is and shall be established as a designated holiday for officers and employees of the City of South Bend. SECTION II. Chapter 2, Article 8, Section 2-121(a) of the South Bend Municipal Code shall be and hereby is amended to read as follows: Sec. 2-121. Holidays. (a) Officers and employees shall receive nine (9) ten (10) designated holidays as approved by the Board of Public Works. .. . - •. . • - •= • - presidengs_Day • • � • ' - . . - - • .. Saturday Empleyeets4firthday Easter-Monday SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common C , ci1 Attest: City Clerk • Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,2 at o'clock .m. • City Clerk • Approved and signed by me on the day of , 2 at o'clock, .m. Mayor, City of South Bend, Indiana °IfiCe 2- ;• READNG PUnIC HEINNG FiledIn6:44**1 Nov Z0i2 3J REANNG • - NOT APPROVED • V OC*06 PASSED CITY CLERK",SOUTH BEND . SA1V 11111111 : .1' W �...rEAE/� . y O. o x 1865 ".,,••• CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR OFFICE OF THE MAYOR November 20, 2012 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Ordinance to Establish Martin Luther King,Jr. Holiday Dear Council President Dieter: I am pleased to attach for Council approval an ordinance which establishes Martin Luther King,Jr. Day as a regular paid holiday for City officers and employees beginning in calendar year 2013. This new holiday is the product of both executive and legislative thought, and I welcomed the Council's Resolution earlier this year (#4150-12) recommending that Martin Luther King Jr.'s birthday be a regular holiday beginning in 2013, not simply an alternative holiday for City personnel as it has been. The Martin Luther King,Jr. Day holiday has wide adherence throughout the country and within the State of Indiana. The Indiana legislature in 1986 enacted Public Law 2-1986 establishing Martin Luther King, Jr.'s birthday as a legal holiday in Indiana to be observed the third Monday each January. Employees of the City of Elkhart and Elkhart County are able to participate in planned activities and events honoring the life of Reverend King because his birthday is a paid holiday. With this ordinance, employees of South Bend will have the same opportunity. Having noted the importance of Martin Luther King,Jr. Day, I must also acknowledge that the addition of Martin Luther King, Jr.'s birthday as a City holiday has fiscal impact. Therefore, the City cannot establish this new holiday while at the same time continuing to offer City employees a non-scheduled, "floating" holiday. To do so would effectively increase the total number of holidays from ten to eleven, with financial consequences. For that reason the attached ordinance amends the South Bend Municipal Code to delete the floating holiday option at Chapter 2, Article 8, Section 2-121(a) of the Municipal Code. • 1400 COUNTY-CITY BUILDING• 227 W.JEFFERSON BOULEVARD• SOUTH BEND, INDIANA 46601 PHONE 574/235-9261• FAx 574/235-9892 Page 2 November 20, 2012 I will present this ordinance to the Common Council at its Committee meeting and at public hearing on. December 10, 2012, and I hope you will give it your approval. Sincerely, Pete Buttigieg, May Agoe Flied in t :: ;: ; Ce 012 I Vi' ....5 Ci71f CLERK,SOUS 11 BEND,t JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY. IN 227 W JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND.INDIANA 46601 (574)235-9571 7 S Wednesday,October 17,2012 S�� s�� \ �..._ Vll 0 . 1 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: A proposed ordinance Initiated by the Common Council of the City of South Bend, Indiana,amending Chapter 21 of the South Bend Municipal Code Article 2, Residential Districts,to allow the raising and care of chickens as an accessory use;and adding certain related definitions,as amended, City of South Bend-APC#2618-11. Dear Council Members: I hereby Certify that the above referenced ordinance of Honorable Council of the City.of South Bend, Indiana was legally advertised on Thursday,October 04,2012 and that the Area Plan Commission at its public hearing on Tuesday,October 16,2012 took the following action: Upon a motion by John McNamara, being seconded by Donna Chamblee and carried, the proposed ordinance Initiated by the Common Council of the City of South Bend, Indiana, amending Chapter 21 of the South Bend Municipal Code Article 2, Residential Districts, to allow the raising and care of chickens as an accessory use; and adding certain related definitions, as amended, is sent to the Common Council with a favorable recommendation. The policy decision as to whether or not to allow the keeping of chickens within the city limits rests with the elected officials. In the event that these officials determine that chickens should be allowed, it is the Commission's opinion that this ordinance provides reasonable protection to adjacent properties, by establishing appropriate development standards, a process for permitting, and consequences of violating the ordinance. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. , , Filed in Clerk's Office ' Sincerely, aiws G U,)15ei s4444" -- n W. Byo JOHN!VOOR DE Attachment CM CLERK, OIJTH BEND,IN SERVING:ST.JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA&ROSELAND www.stlosephcou ntyin d to na.com/Areaplan Staff Report APC# 2618-11 Owner: Common Council Initiated Location: Text Amendment Jurisdiction: City of South Bend Requested Action: This is a text change, initiated by the Common Council of the City of South Bend, Indiana, amending Chapter 21 of the South Bend Municipal Code Article 2,Residential Districts,to allow the raising and care of chickens as an accessory use;and adding certain related definitions. Zoning and land use history& trends: In November 2009, the idea of allowing the raising and care of chickens was introduced to the Common Council. For the past three years, the staff of the Area Plan Commission, representatives from Code Enforcement, other City departments, and the Purdue Cooperative Extension Service, met with representatives from the Urban Chicken Alliance to draft an ordinance in the best interest of the City and its residents. Additional information: Section I adds the terms "chicken coop or chicken pen" to the list of accessory buildings under 120 square feet which are exempted from the total number allowed. Section II first provides for the keeping of chickens. It establishes development standards such as the number and type of chickens allowed; details about the construction and location of either a "chicken coop" and "chicken pen"; and permitting requirements. Section III adds definitions of"chicken coop" and "chicken pen". Staff Comments: The staff would note that the proposed setback for the coops will limit the applicability of the ordinance to the larger city lots. Recommendation: Based 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: The policy decision as to whether or not to allow the keeping of chickens within the city limits rests with the elected officials. In the event that these officials determine that chickens should be allowed, it is the Staffs opinion that this ordinance provides reasonable protection to adjacent properties, by establishing appropriate development standards, a process for permitting, and consequences of violating the ordinance. Common Council #2618-11 Page 1 of 1 • Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OP THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 2,RESIDENTIAL DISTRICTS,TO ALLOW THE RAISING AND CARE OF CHICKENS AS AN ACCESSORY USE;AND ADDING CERTAIN RELATED DEFINITIONS 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.It has been brought to the attention of the Common Council that it consider allowing the raising of chickens on residential lots. Therefore,the following changes need to be made to the Zoning Ordinance to facilitate the keeping of chickens in residentially zoned properties. 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 2 Residential Districts, Section 21-02.11 General Regulations for Residential District is hereby amended as follows: (a) Accessory Uses,Buildings and Structures. (3) Additional Development Standards for Accessory Uses,Buildings or Structures in any Residential District. (A) Accessory Buildings: (iv)Maximum Number of Accessory Buildings—The total number of detached accessory buildings on a lot shall not exceed one (1)accessory building,provided however,a storage shed, chicken coop or chicken pen with a total floor area of one- hundred and twenty(120)square feet or less shall not count as an accessory building for the purposes of this paragraph;and, (C) Permits-A building permit issued by the City is required for any accessory structure more than one hundred and twenty(120) square feet. No permit is required for a chicken coop or chicken pen that does not exceed one-hundred and twenty(120)square feet. (D) Non-Commercial Use Only-The keeping of chickens authorized under this section shall be;limited non-commercial uses only. Commercial activities are prohibited Chickens authorized under this section shall be kept as pets or for personal use only.Eggs,and chicken manure shall not be sold.There shall be no butchering of chickens on the premises. (E) The chicken coop chicken pens,and,surrounding area shall be kept clean,dry,odor-free,and in a neat and sanitary condition at all times. All manure,uneaten feed,and other trash shall be removed daily,and disposed of in a sanitary manner.The property owner shall take all necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. (F) Location. i. Chicken coops shall be located at least fifteen(15)feet from any property line,and at least twenty(20)feet from the nearest residential dwelling. ii. Chicken coops and chicken pens shall be located behind the residential structure. *Visual/graphic to show what is acceptable. iii. City residents who do not have adequate space on their property will not be allowed to own chickens. (G) Permit Required;Permit Revocation. i. A permit shall be required through the Animal Control Department. Compliance with the requirements of this Section shall create a presumption that the permitted use does not create a nuisance or threat to public health or safety. The permit shall, however,be revoked if the Code Enforcement Administrator determines that the permitted use does create a nuisance or detriment to public health or safety. ii. Violation of ordinance standards shall result in permit revocation, and possible enforcement under Article 10,Enforcement, including civil and criminal penalties.Misrepresentation by a permittee shall result in the voiding and revocation of an issued permit.In the case of the voiding and revocation of an issued permit,all chickens, chicken coops,chicken pens and associated equipment shall be removed from the property. (H) Additional requirements for the keeping of chickens shall be found in Chapter 5 Animals and Fowl. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 2,RESIDENTIAL DISTRICTS,TO ALLOW THE RAISING AND CARE OF CHICKENS AS AN ACCESSORY USE; AND ADDING CERTAIN RELATED DEFINITIONS 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. It has been brought to the attention of the Common Council that it consider allowing the raising of chickens on residential lots. Therefore,the following changes need to be made to the Zoning Ordinance to facilitate the keeping of chickens in residentially zoned properties. 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 2 Residential Districts, Section 21-02.11 General Regulations for Residential District is hereby amended as follows: (a) Accessory Uses, Buildings and Structures. (3) Additional Development Standards for Accessory Uses,Buildings or Structures in any Residential District. (A) Accessory Buildings: (iv)Maximum Number of Accessory Buildings—The total number of detached accessory buildings on a lot shall not exceed one (1)accessory building, provided however,a storage shed, chicken coop or chicken pen with a total floor area of one- hundred and twenty(120) square feet or less shall not count as an accessory building for the purposes of this paragraph; and, • Section II. Chapter 21, Zoning, of the South Bend Municipal Code,Article 2 Residential Districts, Section 21-02.11 General Regulations for Residential District, is hereby amended by adding anew subsection, as follows: (a) Accessory Uses, Buildings and Structures. (4) Additional Development Standards for Chickens, Chicken Coops, and Chicken Pens. The purpose of this section is to authorize and provide standards for the keeping of chickens and the establishment of chicken coops and chicken pens. It is intended to enable residents to responsibly keep a small number of chickens on a non-commercial basis while limiting the potential adverse impacts on the surrounding.properties: (A) Chickens. i. The keeping of chickens shall be allowed only in the SF1 and SF2 Single Residential Districts and shall further be subject to the following regulations: ii. Number and Types of Chickens Allowed. a. The maximum number of chickens allowed is six(6)per Dwelling, Single Family. b. Only female chickens are allowed. Roosters are specifically prohibited. c. No chickens allowed in multi-family dwellings. (B) Enclosures. i. A chicken coop and chicken pen shall be provided. During daylight hours,chickens may be located in the chicken pen. ii. The chicken coop shall be enclosed with solid material on all sides and have a solid roof and door(s). The coop shall be at least eighteen(18) inches high, and provide at least one(1) square foot of floor area per chicken. Traditional building materials shall be used. Doors shall be constructed so that they can shut and lock. Vents, covered with wire, will be placed as necessary for adequate ventilation. The coop shall be impermeable to rodents,wild birds, and predators,including dogs and cats. iii. The chicken pen shall be constructed of traditional building materials and be predator-proof. The pen shall provide at least two (2)square feet of area per chicken. The fence shall rise no more than six(6) feet above the ground. The pen shall be covered with wire, aviary netting,or solid roofmg. • (C) Permits -A building permit issued by the City is required for any accessory structure more than one-hundred and twenty(120) square feet. No permit is required for a chicken coop or chicken pen that does not exceed one-hundred and twenty(120) square feet. (D) Non-Commercial Use Only- The keeping of chickens authorized under this section shall be limited non-commercial uses only Commercial activities are prohibited. Chickens authorized under this section shall be kept as pets or for personal use only. Eggs and chicken manure shall not be sold. There shall be no butchering of chickens on the premises. (E) The chicken coop, chicken pens, and surrounding area shall be kept clean, dry, odor-free, and in a neat and sanitary condition at all times. All manure,uneaten feed, and other trash shall be removed daily,and disposed of in a sanitary manner. The property owner shall take all necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. (F) Location. i. Chicken coops shall be located at least fifteen(15) feet from any property line,and at least twenty(20)feet from the nearest residential dwelling. ii. Chicken coops and chicken pens shall be located behind the residential structure. iii. City residents who do not have adequate space on their property will not be allowed to own chickens. (G) Permit Required; Permit Revocation. i. A permit shall be required through the Animal Control Department. Compliance with the requirements of this Section shall create a presumption that the permitted use does not create a nuisance or threat to public health or safety. The permit shall, however, be revoked if the Code Enforcement Administrator determines that the permitted use does create a nuisance or detriment to public health or safety. ii. Violation of ordinance standards shall result in permit revocation, and possible enforcement under Article 10,Enforcement, including civil and criminal penalties. Misrepresentation by a permittee shall result in the voiding and revocation of an issued permit. In the case of the voiding and revocation of an issued permit,all chickens, chicken coops,chicken pens and associated equipment shall be removed from the property. (H) Additional requirements for the keeping of chickens shall be found in Chapter 5 Animals and Fowl. Section III. Chapter 21, Zoning,of the South Bend Municipal Code, Article 11, Definitions, is hereby amended by adding the following two, new definitions, as follows: Chicken Coop(s): A structure for the sheltering of chickens. Chicken Pen(s): An enclosure that is connected to and/or surrounding a chicken coop for the purpose of allowing chickens to leave the coop while remaining in an enclosed,predator-safe environment. Section IV. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 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 Fil Odt$*l Office la READING (-t" Loll PURL„C ;-_1 JJ!NG OCT 17 2012 NOT AP?; OVER JOHN VOORDE REFERRED A c,”l {—�l CITY CLERK,SOUTH BEND,IN .. ter... PASSED •'°.$0UT8 8 ;.., % =_ City of South Bend -�� ' ° A Common Council 1865 441 County-City Building • 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://www.southbendin.gov Derek D. Dieter November 9, 2011 President Oliver J. Davis Members of the Common Council Vice-President 4th Floor County-City Building South Bend, Indiana 46601 Timothy A. Rouse Chairperson, Committee Re: Proposed Zoning Ordinance to Permit the Raising and Care of of the Whole Chickens as an Accessory Use in the City of South Bend Derek D. Dieter Dear Council Members: First District Henry Davis; Jr. Earlier this year, the Council's Zoning and Annexation Committee authorized Second District the filing of a proposed text amendment to the current city zoning regulations codified in Chapter 21 of the South Bend Municipal Code. Thomas LaFountain Third District I am attaching a draft of a zoning text amendment which would: Ann Puzzello • Add definitions for chicken coop or chicken pen and add them to the list Fourth District of accessory buildings in residential districts David Varner Fifth District • Add Development Standards for chickens, chicken coops and chicken pens by limiting the total number of chickens allowed to four (4) per Oliver J. Davis dwelling and would only permit female chickens Sixth District Al "Buddy" Kirsits • Would set standards for all enclosures and require a building permit for all At Large such accessory structures which are associated with a limited agriculture permit in order to address health and safety concerns Timothy A. Rouse At Large A companion ordinance addressing specific health and public safety regulations will be filed at a later date so that the public hearings on both of Karen L. White the proposed ordinance can be held on the same date. At Large I look forward to sharing more information with you. Sin Int., a ounce : -r 1- my Davis, Jr. Second District Attachment a 3 ~ i • CITY CLERK, it0EN 4 Ordinance No. Bill No. (0L -12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 5,ARTICLE 3 ADDRESSING ANIMAL CARE REGULATIONS BY THE INCLUSION OF REGULATIONS ADDRESSING URBAN CHICKENS AND SECTION 5-49 OF ARTICLE 9 ADDRESSING PENALTIES;VIOLATIONS OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT The ordinance would amend the Chapter 5 of the South Bend Municipal Code by the inclusion of public safety regulations related to urban chickens. Currently the Code bans chickens within the city limits of South Bend unless a resident owns a minimum of five(5) acres. This ordinance would be a companion ordinance to Substitute Bill No. 74-1 lwhich was was heard by the Area Plan Commission on October 16, 2012 and received a favorably advisory recommendation on proposed amendments to Chapter 21 of the South Bend Municipal Code addressing zoning regulations. "Urban Agriculture" activities have received growing attention in light of growing concerns about sustainability and improving the urban environment. Many ordinances have been studied on this topic so that reasonable policies could be developed in South Bend. Urban chickens are currently permitted Bloomington, Evansville and Indianapolis. Current regulations have been reviewed and examined so that there are consistent policies in place for the residents of the City of South Bend, Indiana. Nt,, thei :(, (w/(i/iiell o5 /Ae C%(itt„l'il ithe l II / m'A L'>,C, Section I. Section 5-15 of Chapter 5, Article 3of the South Bend Municipal Code is amended to read as follows: Sec. 5-15 Acreage Requirements for Certain Domestic Animals and Fowl. (a) Any person desiring to raise any of the following-named domestic animals or fowl must have a minimum of five(5) acres in land: (1) Cow, ox, cattle, calves, or other livestock. (2) Donkey, ass,burro,mule. (3) Pig, swine,hog,pot-bellied pig. (4) Sheep. (5) Goat. (6) Chickens r Roosters, geese,turkeys, ducks, or other fowl. (7) Bees. (8) Bison. (9) Llamas. (10) Horses. f Urban Chicken Text Ordinance to Amend Chapter 5 of the South Bend Municipal Code Page 2 The maximum number of such animals which may be maintained on such property shall be determined in light of current animal husbandry and veterinarian standards. (b) Any person desiring to raise rabbits as pets or racing or homing pigeons within the City limits must keep such animals and birds in safe and sanitary conditions so that a public nuisance as defined herein is not created. (c) In no event shall the shelter and feeding area for any of the animals or fowl herein be closer than fifty(50) feet from the adjoining property line. (d) Bees must be kept in accordance with the following provisions: (1) If bee colonies are kept within fifty(50) feet of any exterior boundary of the property on which the hive, stand or box is located, a barrier shall be erected that will prevent bees from flying through it. (2) Fresh, clean watering facilities for bees shall be provided on the said premises. (3) The bees and equipment shall be kept in accordance with the provisions of State statutes. Nothing in this section shall be deemed or construed to prohibit the keeping of bees in a hive, stand or box located or kept within a zoological park, school or university building for the purpose of study or observation. Section II. Section 5-16 of Chapter 5, Article 3of the South Bend Municipal Code is amended to read as follows: Sec. 5-16 Reserved. Urban Chicken Regulations. (a) "Urban Chicken" means a chicken living in the city limits officially known as gallus domesticus, which is a domestic bird. It does not include other fowl, such as, but not limited to roosters, peacocks, turkeys or waterfowl. Urban chickens are governed by the zoning regulations set forth in Section 21-02.11 of this Code addressing Residential District zoning regulations. (b) "Chicken coop" also referred to as chicken pen means an enclosure or enclosed structure used for housing urban chickens which provides shelter from the elements which must meet the standards set forth in Section 21-02.11 of this Code. Lo "Chicken flock"means more that one(1)urban chicken which: (1) Contains no more than six (6)hens and no roosters; and (2) Is issued a permit pursuant to Section 21-02.11 of this Code. Urban Chicken Text Ordinance to Amend Chapter 5 of the South Bend Municipal Code Page 3 (d) "Chicken pen" means an enclosure that must meet the standards set forth in Section 21-02.11 of this Code. (e) Any one desiring to raise urban chickens within the city limits must file an application for an Urban Chicken Permit with the Division of Animal Care and Control in the Department of Code Enforcement and pay an annual filing fee of twenty dollars ($20.00). At the end of each calendar quarter, the Division of Animal Care and Control shall provide to the Office of the City Clerk an electronic report summarizing: the residential street location, number of urban chickens at each such location, size of the chicken coop and size of the chicken pen for each location which has been issued such a permit. The Division of Animal Care and Control may deny or revoke a permit to any person who has failed or refused to comply with the permit requirements, who has made any fraudulent or false statement or material representation in the permit application or in connection with the keeping of urban chickens, who has violated a state or any provision of this Code in connection with the application or keeping of urban chickens or who has kept urban chickens or other animals in such a manner as to constitute a breach of the peace or a menace to the health, safety or welfare of the public. Upon denial or revocation of a permit, the Law Department shall provide notice to the permit applicant or holder and shall provide for a written appeal and hearing pursuant to the procedures in Section 4-16 of this Code. (f) Any one desiring to raise urban chickens within the city limits must comply with the animal care regulations set forth in this Chapter 5, and the requirements applicable to chickens incorporated into Chapter 21 of this Code. (g) The Department of Code Enforcement shall be responsible for the enforcement of this section. The Department of Code Enforcement shall also comply with the duties set forth in Section 5-49(d) of this Code in carrying out the duties set forth in this Section which require the filing of a summary list of all warning notices and citations issued by the last Friday of each month with the Law Department the Chairperson of the Health and Public Safety Committee, the Chairperson of the Residential Neighborhoods Committee, the Office of the City Clerk, and the Animal Control Commission. Section III. Section 5-49(c)(2) of Chapter 5, Article 9 of the South Bend Municipal Code is amended to read as follows: (2) Any person who violates any of the following sections: 5-16 Urban Chicken Regulations, §5-20 Performing animal exhibitions, §5-28(c) Specific regulation—breeding, shall be subject to a fine of seventy-five dollars ($75.00) per violation, payable to the Ordinance Violations Bureau. Urban Chicken Text Ordinance to Amend Chapter 5 of the South Bend Municipal Code Page 4 Section IV. Severability: If any part, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a court having proper jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. This ordinance shall be effective January 1, 2013, and be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Council Member South Bend Common Council Council Member South Bend Common Council 5:, Ga E'sN Coundti aolio t on tills issue, John Voorde, City Clerk eveirted 4 sire e t/e [Amy(' if if /fA 110w// U/Oeird,, cr.lanui, ear t/rc day of , 2012, at o'clock . m. Deputy City Clerk *icaea!aira!,;i free/ ire cir t/e day of ,2012, at o'clock_. m. Peter Buttigieg Mayor of the City of South Bend, Indiana Filed Office READING NOV I 0 2012 rd READING •jOS A::PROVED j« f; ED CITY ill PASSE[RF R 'Sp •• UTN /V City of South Bend 4 \ranceZ F $� Common Council 1865 0, 441 County-City Building • 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://vvvvvv.southbendin.gov Derek D. Dieter President Oliver J. Davis November 16, 2012 Vice-President Karen L. White Members of the Common Council �' Chairperson, Committee 4 Floor County-City Building of the Whole South Bend, Indiana 46601 Tim Scott Re: Urban Chicken Public Safety Ordinance First District Henry Davis, jr. Dear Council Members: Second District The attached ordinance. sets forth public safety requirements addressing the Valerie Schey ownership of chickens in SF1 and SF2 Single Residential zoning districts in the Third District City of South Bend. Fred Ferlic Persons would be limited to a total, of six (6) female chickens and would be Fourth District required to file an application seeking an Urban Chicken Permit through the Division of Animal Care and Control in the Department of Code Enforcement. David Varner The annual filing fee of twenty dollars ($20.00) would be charged to help cover the Fifth District costs of services provided by Code. The Department of Code Enforcement would Oliver J. Davis also be the enforcing agency of these public safety regulations. Sixth District Both this ordinance and Bill No. 74-11 addressing the proposed zoning regulations Derek D. Dieter are requested to be heard at the December 10th Common Council meeting. At Large We look forward to discussing this ordinance with you. Thank you. Gavin Ferlic At Large Sincerely, Karen L. White At Large Henry Davis, Jr. 2m1 Distri'. ,ouncil Member � Tim colt 1st District Council Member ---7-77 Filed ire , Attachment CITY CLERK, p . - :` 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 710 NILES AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR EAST BANK LEARNING CENTER, LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area located at 710-712 Niles Avenue which is more particularly described as: MID PT TRACT B 150 X 319 FT SEC 1-37-2E And which has Key Numbers 018-5038-1349 presently at this point in time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et se g., and South Bend Municipal Code Sections 2-76 et sec., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community and Economic Development and to the Office of the City Clerk; 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 se q., 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 § 671.1-12.1 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 fords 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. 6.kuLL (/),' 0.14, Member of the Commonitouncil Filed bra Ccerk's Office wcv Z 1Z lL-to-iL L CITif L"i.EM,SOUTh SEND,IN ■ e t sp(JTEi($ (---- NO'1l1l:///e`:4/i' IA PHONE 574/235-9371 1200 COUNTY-CITY BUILDING e c \�"� 4, C �� �A ,1 e, ,i FAX 574/235-9021 227W JEFFERSON BOULEVARD i.y� �� rEACEA, SOUTH BEND,INDIANA 46601-1830 .lt *i , A 1865'/;s CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY & ECONOMIC DEVELOPMENT SCOTT FORD, DIRECTOR November 20, 2012 Council Member Henry Davis, Chairperson Community& Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Real Property Tax Abatement Petition for: EAST BANK LEARNING CENTER, LLC Dear Council Member Davis: Please find attached the Department of Community & Economic Development's report on a personal property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form,and supporting information.The project calls for the renovation of a building to be located at 710 Niles Avenue. The report contains the Department's findings relative to the above petition. The total cost for the renovation is estimated at $1,250,000. The project meets the qualifications for a three to five -year real property tax abatement and a representative from East Bank Learning Center,LLC will be available to meet with the Committee on Monday, December 10, 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, *044 6Q' , ,, Kathy Hahn Economic Development Specialist Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C.MEYER DONALD E.INKS 574/235-9660 574/235-9371 FAX' 574/235-9469 • I � TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: EAST BANK LEARNING CENTER,LLC DATE: November 20, 2012 On November 19,2012,a petition for personal property tax abatement consideration for property located at 710 Niles Avenue was filed with the City Clerk by East Bank Learning Center, LLC. Pursuant to Chapter 2, Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend,this petition was referred to the Department of Community 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 • East Bank Learning Center, LLC is a high quality child care facility supporting working families downtown and around Notre Dame. By expanding their capacity they will serve more families and also be able to offer infant care. They are purchasing an ex-Madison Center building located on 3.09 acres. The cost of the renovations to the building will be$1,250,000. South Bend Common Council RE: Tax Abatement for East Bank Learning Center, LLC November 20, 2012 Page 2 Total Taxes Abated for the (3)three-year abatement period are estimated at$23,395. Taxes for three years on the new project would be$111,725. Net tax paid for three years will be$299,362. The company may qualify for up to a five year abatement depending on the information to be provided at a later date regarding their contractor. EMPLOYMENT IMPACT Per the petition, it is estimated that the project will create ten (10) new,permanent full-time positions and five (5) part-time positions with an annual payroll of$266,800. The project will maintain twelve (12) existing permanent full time jobs and four (4) existing permanent part-time jobs with a payroll of $381,440. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the Petitioner, East Bank Learning Center, LLC has not been granted any previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the East Bank Development Area. . 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a (3) three-year real property tax abatement under section 2-81, Institutional Development Real Property Tax Abatement. ■ 20-Nov-12 Public Benefit Points Summary* Qualify Earned Available Public Benefit Item: (Y or N) Points Points Project Related: 1. A. Redevelop a Site that has Special Needs N Y 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan N Y 36 Sub-total Project Related: 0 120 2. Super Size Projects(point values are cumulative): A. 100%to 199% Y 25 25 B. 200%to 299% Y 68 68 C. 300%to 399% N 0 65 D. 400%and Over N 0 52 Sub-total Super Size Projects: 93 210 3. Construction Related: A. Employ Local Companies N 0 20 B. Purchase Materials from Local Companies N 0 20 C. Require Employees vs.Independent Contracts 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. Wage&Benefit Related: A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits N 0 34 C. Provide Pension Benefits N 0 29 D. Provide Training Y 28 28 E. Provide Child Care Y 15 15 F. Provide Transportation Assistance Y 14 14 G. Provide Employer Assisted Housing program N 0 9 Sub-total Wage&Benefit Related: 90 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs N 0 41 C. Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub-total Workforce Related: 77 152 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 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: 0 131 7. Support a Municipal Facility: A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 260 1000 *Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. Additional Years of Abatement Multi-family Development Projects: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 &over 7 Other Development Projects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 260 Base Years of Abatement 3 Additional Years of Abatement: 0 Total Years of Abatement: 3 Y CV o M 0 0 to to o N N- to N M to O g C Tr to N M oC)) t0oCCoN OM) N CO co co Z ~ Q tnoCO M 1- CONGO In - to to N M U> 0 Tr L(7 0) O O CO to Tr N r- O 0) - O CO 0 0 0) Z o O co t-- „- '- ',_ r- ' N t N '- N O N 0 o N0000 o tn � � NNnt co a) NN ,- to 0 CO 0 0 to to CO N- V CO CO R F Y CO ti 0) 0 CO OC) toNN- 0) COtn0 0 0) 0 as 0toN- co O >- CO N ' CO to to v Ti CV T L CO M M O Oo0coo 0 0 0) '- 0 Q N N '- ....N 5,3? 00 0 ` 0000 o d' 0 N t- 0) N 3 N co co co N. * 0)O O ) 00) too ton o a) ton Lo O co N Z g LMn td_too N .1. (6 } 0Ccoo0 CO csi Coo 6N) ° o E 000 N Z 0ON 0000 n' O O 1- c- x- M Q3 to CV'.- N vN U C 00 X 4=11 0 V O w y FQ 5 00000 0 0) � CO NntCO U d N N N to 0 U O (1) 00 O CO 00000 CO 000 O a) x Tr Tr N X Cp L E 0) 0 Tr 0) Co co to o to to Z -( 0 N N N r N N N >w a) CO N 0) CO 0)N- N to N d I- N N- N r- a) a) 0)+... q ""' 000 CO Tr MNO 0) ,- O MMC�') % N CO c (II OOO o Ti ,- .-- '- � O X L a ¢ QN� M '....z as - X H m t C � O 0 o � O� � n � cal d' Tr Tr N 2 C a) O 0 Co o CO 't 0 M d X M a) ~ O) 0) O) lA � tr) N ' co N N M C�) C�) O X .L Co 0 CZL. U «SO -- Co o � p X00 WI 000 a) W a < 0 CV. 0 N N Y ') C its Q) O C4 Ct 0> 0 O Ts 0 as N M E 0 >- 0 > CD N O o c C6 0 E Nd ° o 0to Tti c 0 to N 0 to O 0 o O ZQ y OECD Oto o m 0) a)Y E C0 Y N O M O C o - I-- U w Ta o a) > 00 ate) a N C .fl y O w co 7- N a) as o fo0 - d as C 33 M > ym c (5 0 aNia) v m 'O TO O N F- .Y.. O O CO- CO U_ Co w N Y Y CO 6 0C ) C as /. a) NL y N N a) (N/) 4) CO y co F- Y m co a) a) N 0 y O Q O o 7 a) a) d 2 a) 0 W < < y Z d U co (2 Z m V DU v a = Qa E 00 , W to - ›' 7 N a) aO N) 2 L co) U ocs J < U -.I U - rum! iii user s um Ow• r„, zoi2 • CITY OF SOUTH BEND CITY CLERK,SOUTH BEND,nrs PETITION FOR REAL PROPERTY TAX ABATEMEN 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 sea., and South Bend 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: f ►0 4, ) 3- 0 IF)p)(A42 N:le.r R -v42 :� - 0Z.•,.,(., nl v 1 j . .-hf tP4-API' it 410 poer Land Size l D " acres; Building Size o !f 500 sq.ft. 3n06t /4C(es 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): Fv t c, -h w- etf-A.0 C. - f 12- t,rfet o L 3. Estimate the dollar value of the project (excluding land): $ c 0 oo d. . 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement is: $ 00 (o ot 00 (This information may be obtained from the St.Joseph County Assefssor'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(%) e/ S1 $4Vk- LEAt0 sJC., CEI R. .LC - vrck.- lO ,fir GIs f J�f fJ , P. .- !'\J (Rev 5/13/11) 1 m. (b) The following other person(s)or corporation(s) lease, intend to lease, or have an option to'buy the Property (include corporate information as required in 5(a) above, if applicable); NAME ADDRESS INTEREST(%) i -i. -t (sib 6. The commonly known address of the Property is: 7 / O-�14) , �.S ev'�< ►'AN A . 7. The Key Number(s) of said property is: I e - s-0 2x .- )1961 . 8. A legal description of the above address is attached hereto, marked"Exhibit A," and incorporated herein. 9. A map and/or plat describing the Property is attached hereto, marked"Exhibit B,"and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked "Exhibit C," and incorporated herein. 11. The REAL property where the proposed redevelopment or rehabilitation project will be carried out is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment ommission: o /3S T IV j i Cat 150 ,2(:iforo 9tvELefiA,E.fv-r 1ri E"/ g74 v Ti +k 12. The redevelopmpt or rehabilitation project itself will: (a)create 10 permanent, °)l c full-time and ? permpne t part-time jobs within the first year, representing a r -.�mi new annual payroll of$ , g(JO ; and (b) maintain /IR existing, permanent, v,, full-time and existing, permanent, part-time jobs (including existing, i� } , permanent, full-time, minority employment of I b workers and existing, perma- 76t -GG, nent, part-time, minority employment of 16 workers)with a total annual payroll of $ "?g I� y.ib for all existing employees. AL L PEALe „ td li y;,2.S/: .i 'I'W.© 0P C0 L Oe C.)e R j\ir-t,Y 13. Provide current wage information for existing employees including: base rate, cost-of- living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips (please show average hourly rate or range). Do Not Include: back pay, jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements. Full-Time Part-Time Laborers $ ") t�X f $ 913 io v ?C Lt Technical $ $ Managerial $ - )( i $ ' Administrative $ -^ x $ (Rev 5/13/11) 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 [FT]or Part Time[PT]) EMPLOYMENT WAGE r-I' x 5 c'. ` I'(9. - '7YR, 15. Indicate whether your company provides the following benefits (use Y/N): Pi Health Care Benefits Pension Plan tti;LL Ct ��G'2 /�� i7 nr w la.,iaW6 1.., t 1`.r 4, _' 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) ''1 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) l.[ct.,,trIJe v N 7111 PA-Yr ,vr i c'/A1"1":N%ZY r1J k1 tv' 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 REAL PROPERTY TAXES PERSONAL PROPERTY TAXES St S-5- 2 G J1i' 'L 3 /'f (This information may be obtained from the St. Joseph County Treasurer's office 235-9531) (Rev 5/13/11) 3 17. Please list the number of full-time and part-time minority employees for each of the last three years: Year .20/O 2U i I �1 Full Part Full Part • Full Part Black Hispanic 0 Asian ,Indian FEY``A-t"Other / .lfa_ 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 speci is oals, objectives, and means as designated by your plan: t: r A D P (Rwou) Qr��'icc PL.,P 4. /16>‘11 h . etr . ; S 1Z-L::12DL--Edicet t 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): ✓ Conversion to residential use of a commercial building "Eligible Building"as designated by the Community & Economic Development Department. Rehabilitation of a building that is either: (a) on the National Register of Historic Places; (b)designated as a local landmark; (c) located in a National Register or local landmark district; (d) eligible for nomination as a National Register or local landmark; or (e) is rated as Outstanding (0/13) or Significant (S/12 or S/11) in the most recent Historic Preservation county- wide survey. ✓ Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department. 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 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): (Rev 5/13/11) 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. 't65. OeeT t4c'i l\h:. G/Ptv2l1 Pt v! 7'/y c.14) - C? S'`r j[,„i ;C-). }�2 , ,Lc; ;Imo) G N k., Aevp XPdevla ti/& ,v Sc •m •i if Mt VI w L. t- 4...c ,Te se's" C ,e E7f7 C'� 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. ‘ 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): tlit4 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: �$S 28. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description is: (c,/ 1 I. 6 -1-7v`Cz S- .v / ti� J 29. The current use of the Property is ilCif ti 1 and the current zoning is_ lh V . (This information may be obtained from the Building Department 235- 9554). U � � Oc t. (3e-T1\ 9-10 - AJ (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 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. 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: FJ }rtt IA/ ikhfItC 71-/ Address: _ a. I t IA)&.r r 41-th S'.7 .6-17`r Svc di / City, State, Zip: . y A/A �O Telephone: 6 e e G E-mail address: ,:t n,m P I> i.nc,ma c pe., : C AA 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: Address: City, State, Zip: Telephone: E-mail Address: (Rev 5/13/11) 6 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. Name of Property Owner(s): By: 4a& (Signed N-me) 4Nc,28l) IJ.t ►v.E?" (Typed or printed name and capacity of signor if signed by an agent or representative of the owner.) Fred In Cook't u I es lit (Rev 5/13/11) 7 ;Pt.; -, ^44i:e,iNl O C o 0 +� J ai O. O O F- Al ui3O ■ -ac c N t6 c �_ 'y 8 O 05 4- O E O 0 ;=' N C ea 0 .c O . C Ot0 ea N 0 > 0 4— "C O r+ -0 m V N OQ 4.4 Q . • • tQ 1- co A to co N >, ea L •L N w al O C ca E c .o 2 0)O AI .N .e2 E al O 0 a 3 5 'a 73 •` 7.--"1 pp 2 • O = !vs 1 vio � t } .� ; 00 ti f.."-..): "0eL o ° Vci .0 t Q. O 2 f w IL 0 •co � -2o a� o y O c c°� tv E o a 0 u co 0 • o 0 o 03 .0 gi $ >wo _ as a) a Q O •D .c Ti J. t O L - C Q O as co O O• v c I- 0)... = a) o o C 0 co O a O o • co d N z 3 V y0. EC Z • 0 � Q 0tw eoN Z °- Cr 1—° U la H .. W V a O oEE o co 0.,- Nei •ctLO (ON. 000) O J - N ) tLA N O __ coo ::. c5 I coz U 0 C N -J Z Ce • rage 1 or 1 EXHIBIT "A" Sign out Settings Help Home Messages Schedule Clients Search Tax Hotsheet CMA Reports Tools {► Hi d s._Parcel Detail Flyer 2(MY. St Joseph County,IN Filter: History 11/16/2012 04:10 S Bend-Mishawaka Assoc Realtors Listing Address 710 NILES Prop Type SOUTH BEND,IN 46617 Tax ID 18-5038-1349 SidwellB-1G Owner Name MC ASSETS LLC Legal MID PT TRACTS 150 X 319 FT SEC 1-37 -2E Latitude 41.69 Longitude-86.25 Property Values Building Characteristics Land Assd $19,900 Assd Year 2010 Style Year Built 0 Imp Assd $1,987,000 Tax Year 2011 Construction Electricity Tot Assd $2,006,900 Pay Year 2012 Level 1 Sq F1 0 Water Y Tax Amt $72855.20 Tax Rate 5.3604 Level 2 Sq Ft 0 Sewer Y Exemptions Level 3 Sq Ft 0 Gas Y Homestead Old Age Gar Sq Ft Gar Type Mortgage Disabled Actual Lot Size/0 Type Veterans N Other OTHE Effect Lot Size 0/ H/S Credit Bedrooms Total Rooms Full Legal Description Baths Half Baths MID PT TRACTS 150 X 319 FT SEC 1-37 •2E Summary of Improvements • • • Data believed correct but not warranteed. Filed in Clavier ce I NOS FAir CITY CLARK,SOUTH ermicii,a� --- � _� . 1 iJ http://sbi.mlxchange.com/ /16/7.01 7 South Bend Tax Abatement Ordinance o An agreement to grant access related to compliance inspections o Any events that might cause termination or payback actions • The applicant must be current in their taxes. • There must be no pattern of local, state or federal law or regulatory violations. Add-On Abatement One to seven additional years abatement may be considered for projects involving certain commercial real property(listed above)that achieve Public Benefit Points described in the following tables: Table I Project Related Actions Points Redevelop a site which has special needs such as converting a commercial 49 building to residential use, rehabilitating and reusing an historic building, rehabilitating and reusing a property that has been designated a"problem property"by the Community and Economic Development Department, or paying the cost of cleaning up a Brownfield. Develop a product or business based on licensing intellectual property arising 35 from research conducted at a university in St. Joseph County. Achieve one or more physical elements identified in a development or 36 revitalization plan that has been approved by the Common Council. Super-Size Development Actions(For exceeding the minimum hard $costs or sq. footage required to meet base year criteria)Cumulative! 100 to 199% 25 200 to 299% 68 300 to 399% 65 400%and over 52 Construction Related Actions Employ local companies for at least 75%of construction work(of that which is 20 reasonably available locally) Purchase 75%of materials locally(of that which is reasonably available locally) 20 100%of construction workers are employees(not Independent Contractors) 19 Pay 100%of the wage that the US Dept. of Labor has determined to be 22 prevailing in St.Joseph County. Published on the Davis-Bacon website at http://www.access.gpo.gov/davis.bacon/. All contractors must contribute to a health plan. 22 All contractors must contribute to a retirement plan. 18 Contractors must maintain an Affirmative Action Plan. 20 Wage& Benefit Related Actions of Applicant • Pay average of 100%of mean hourly wage reported by the Bureau of Labor 33 Statistics in its most recent Metropolitan Area Occupational Employment Annual Wage Estimates for South Bend, Indiana Metropolitan Statistical Area. (Rev. 5/13%11) 2 South Bend Tax Abatement Ordinance Contribute toward health plan 34 Contribute to pension or retirement plan 29 Provide training to employees which consists of certified training or educational 28 courses or programs conducted within or outside the place of employment _Provide or contribute to cost of child da care 15 ' Provide Transportation Assistance to lower income employees such as using 14 public transportation,subsidized public transportation or special van services. Provide an employer-assisted home ownership program 9 Workforce Related Actions of Applicant Create a specified number of new jobs 42 Retain a specified number of existing,jobs 41 Maintain or establish an Affirmative Action Plan 35 Provide targeted hiring preference for residents of Census Tracts designated by 34 the Community& Economic Dev. Dept.that have the highest unemployment or the highest percentage of low and moderate income individuals. • Pay for extending or over sizing municipal infrastructure including water, sewer, drainage facilities,wastewater treatment facilities,road and street improvements, street lighting, and traffic control and related public improvements. Over sizing (cumulative) 14 Pay 26 to 50%of extension(cumulative) 26 Pay for 51 to 75%of extension(cumulative) 39 Pay for 76 to 100%of extension (cumulative) 52 Support a Municipal Facility Provide significant financial support to a municipally owned facility such as a 84 _park, recreation, cultural arts or entertainment facility. Public Benefit Points and thresholds for Additional Abatement Years The following points must be achieved to earn consideration for each additional year of abatement. Table II-Multifamily Development Projects From To Additional Years 0 141 0 _ 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 &over 7 (Rev. 5/13/11) 3 South Bend Tax Abatement Ordinance Table III-All Other Development Projects From To Additional Years 0 300 0 301 357 1 _ 358 414 _ 2 415 471 3 472 528 4 529 585 5 586 642 6 643 &over 7 Additional Requirements All petitioners seeking real property tax abatement for industrial or warehousing developments must agree to work with Workforce Development Services of St. Joseph County or its successor agency when developing plans and recruiting for employment positions created. Tied in Nov 1 Z012 Clfice Nv • s (Rev. 5/13/11) 4 ARK,SOO h S NOB IN I South Bend Tax Abatement Ordinance Overview Procedures and General Standards—Abatement in Tiers South Bend's Abatement Program is a program which awards a base level of abatement for any project that meets certain minimum level development standards. Additional years of abatement may be added to this base for projects involving the development or rehabilitation of commercial real property listed in the following table provided the project fosters certain economic development and other public benefits. Base Abatement Base Abatements may be awarded according to the following schedule: Development Area New Rehab. Add- Base _ Constr. On? Yrs Multi-Family EDTA $1,000,000 $250,000 Yes 3 Single Family City-wide Any n.a. No 5 Office CBD 15,000 sf 5,000 sf Yes 3 Office EBDA, TAIA 7,500sf 5,000 sf Yes 3 Retail CBD, EBDA, TAIA Any Any Yes 3 Retail UEZ Any Any Yes 3 Mixed Use CBD 15,000 sf 5,000 sf Yes 3 Mixed Use EBDA 7,500 sf 5,000 sf Yes 3 Institutional CBD, EBDA, UEZ Any Any Yes 3 Hotel/Motel CBD, EBDA, AEDA 20 rooms n.a. Yes 3 Industrial City-wide 10,000 sf 10,000 sf Yes 3 Industrial UEZ, RBA Any Any_ Yes 3 Warehouse City-wide 25,000 sf 25,000 sf Yes 3 Warehouse EDTA, UEZ, RBA Any Any Yes 3 Personal Property City-wide Any None No 5 (Equip. &Machinery) Definitions of Area Abbreviations Airport Economic Development Area Central Business District. East Bank Development Area Economic Development Target Area Redevelopment Blighted Area Tax Abatement Impact Area Urban Enterprise Zone Additional Base Abatement Criteria • The project must be perceived to generate a ten-year financial return(in taxes, fees,pmts, community econ&social benefits...)sufficient to justify the City's direct investment in infrastructure support. • A Memorandum of Agreement is executed which speaks to: o The conditions of the abatement o The timeframe for actions o An agreement to respond to surveys related to compliance (Rev. 5/13/1 1) O 0 o ■ 3O CO °ai L .0 cv C, •o4- TJ . aa> c Z 0. a) c w- m L N .5 t0 c } 3 a° � _� c c w 0 E "E' .E 2000. U 0 fill 0 ` a) � O a) .-. .0 d Et) c - p, .. O 0. 0 _, U 0 c t6 C M E a) a) E O O O O N ,c O. E Vra O 0 ++.. t +r+ c L r O O 0 .c > 0 c to 3 L • a) -0 O O ( dt :Et— a.- a) La) c �, _ Z m co _o v as u) f, '.>—. o .fl d � � '43 „Co C ... N -a c = . 73 . c t0 = _ t0 V m c• ar0 •C 0 c c 0- d '+O-+ .a 0 O "a O 3 +.+ m z 7 r0 C U 'C •c V +L-� d +L+ Y 0 0 in .O >, p C 0 .4 N d O to A co w• a"6 0 E o 2 ,,as - Jg a) c a >,-3 O c _ L .0 L O a , 0 CO N 0. c 8 -50000- col) well N 0 .- .2 ° 0 ,„co Y o d i O. E d — a. O a c w 1 c p 0 v 'r3 >, E c co 0. 8 tQ cr W r a) to _ O U = c d C a ` O 0 3 a) c u a�i o o c � Q ?8 -C 0 E V O .0 0 a) ++ 4+ CI C E00:504-•0 0 3 7.) N 0 O n. E � p CO .-N c c� Q y. 0 E 0 0 r U 0 o U) - O c .d p as meow ay r (DowccE , _ a)(I) c3ioaii � c a) O 0 0 0 0 N 'C O L O O O 'a O N 0.J E > 2 .. a) r O C E C J Cl- 'F3 t O O 73. 0 r O • O di a) U) p (- E a 0a) 3 LL ? t co 0. To' •c -J0 ,° N E 0 a) O 'a r c t0 L d '�- 4ca:11 p N 0 O Oc ~ r a) 3 a) O el L V C ''p V N -J E Z Z O tN0 O ` 3 30. 2 O Q O '� To p Q U o -a U OX 15a 1- C7 a) 0 ° ..le0w . .IE `° moo 0 o0 r '17 p 0 'O a) 0 a) E H 0 � N Md' tri (Oi� ao6O J •- N Metto n. L. 0 Lis c c 0 ?� .� 0. O > Z G U C w d)0 N UJ Z I-- 0 co °'" STATEMENT OF BENEFITS =x� 20 PAY 20 i. i REAL ESTATE IMPROVEMENTS State Form 51767(R2/1-07) FORM SB-1/Real Property 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): El Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12.1-4) ❑ Eligible vacant building(IC 6-1.1-12.1-4.8) INSTRUCT IONS: 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 after July 1, 1987.and areas designated after July 1, 1987,require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2. Approval of the designating body(City Council,Town Board,County Council,etc.)must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction,application Form 322 ERA/RE 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 attach a Form CF-1/Real Property annually to the application to show compliance with the Statement of Benefits. (IC 6-1.1-12.1-5.1(b)and IC 6-1.1-12.1-5.30j 5. The schedules established under/C 6-1.1-12.1-4(d)for rehabilitated property and under IC 6-1.1-12.1-4.8(1)for vacant buildings apply to any statement of benefits approved on 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. SECTION 1 }�yq earn s st �,TAXPpAYER INFORMATION Name of,- A 1 /-,I✓nr, JearnL4rS �U !rc Address of taxpayer(nu berend street,city,state,and ZIP code). ���I 1t • i. � _., nP Name of contact person Telephone number E-mail address 14rU o it,E tesi N t tNt•;T)-/ 4.61-4064 SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of•=signating body Resolution number Om on n>> • Location of property County DLGF taxing district number '710 A)i !cS ,sou. &v71) it) 6r UctSeph Description of real property improvements,redevelopment,or rehabilitation(use additional sheets if necessary) Estimated start date(month,day,year) Estimated completion date(month,day,year) SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number . Salaries s 38 r 1 tr Sall* g i ti tto Number i a�d Sa lariei s i 40010/� SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT NOTE: Pursuant to IC 6-1.1-12.1-5.1(d)(2)the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSE SED VALUE Current values ■F/ -- I�s�rirtr- Plus estimated values of proposed project eit _Less values of any property being replaced Net estimated values upon completion of project • SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) Other benefits SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Signature of authorized representative Title Date signed(month,day,year) Page 1 of 2 eD ,\AL Po c) 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 707 S Scott Street AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR South Bend Woodworks, LLC WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana,requesting that the area commonly known as 707 S Scott Street , South Bend, Indiana, and which is more particularly described as follows: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 2 EAST, IN THE CITY OF SOUTH BEND, INDIANA, AND LOCATED IN A PARCEL OF LAND REFERRED TO AS THE NORTH PART OF DISPOSITION PARCEL ONE (1) OF THE SAMPLE STREET REDEVELOPMENT AREA, INDIANA, PROJECT R-7: COMMENCING AT AN EXISTING CROSS IN THE EAST SIDEWALK OF SCOTT STREET AT THE INTERSECTION OF WESTERN AVENUE, SAID CROSS BEING LOCATED ON THE SOUTH LINE OF WESTERN AVENUE AND 5 FEET WEST OF THE EAST LINE OF SCOTT STREET; THENCE SOUTHERLY FROM SAID CROSS A DISTANCE OF 938.49 FEET TO ANOTHER EXISTING CROSS IN THE EAST SIDEWALK OF SCOTT STREET; THENCE CONTINUING SOUTHERLY A DISTANCE OF 100 FEET TO ANOTHER EXISTING CROSS IN THE EAST SIDEWALK OF SCOTT STREET (ALL THREE CROSSES BEING IN A STRAIGHT LINE AND 5 FEET WEST OF THE EAST LINE OF SCOTT STREET); THENCE CONTINUING SOUTHERLY ALONG A LINE PROJECTED THROUGH THE ABOVE SAID 3 CROSSES A DISTANCE OF 71.71 FEET; THENCE TURNING A DEFLECTION ANGLE OF 89 DEGREES 57'37 RIGHT FROM THE LAST DESCRIBED COURSE EXTENDED AND RUNNING WESTERLY ALONG THIS LINE A DISTANCE OF 75 FEET; THENCE SOUTHERLY ON A LINE PARALLEL TO AND 75 FEET WEST OF THE LINE ESTABLISHED BY THE 3 PREVIOUSLY DESCRIBED EXISTING CROSSES IN THE EAST SIDEWALK OF SCOTT STREET A DISTANCE OF 335 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG THE LAST DESCRIBED COURSE A DISTANCE OF 135 FEET; THENCE TURNING A DEFLECTION ANGLE OF 89 DEGREES 57'30" RIGHT FROM LAST DESCRIBED COURSE EXTENDED; THENCE WESTERLY ALONG THIS LINE A DISTANCE OF 170 FEET; THENCE NORTHERLY PARALLEL TO THE EAST LINE OF THIS PARCEL A DISTANCE OF 135 FEET; THENCE EASTERLY PARALLEL TO THE SOUTH LINE OF THIS PARCEL OF A DISTANCE OF 170 FEET TO THE POINT OF BEGINNING; ALL LOCATED IN SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. and which has Tax Key Number 071-08-11-452.009-026 presently, 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 pursuant to Indiana Code 6- 1.1-12.1-4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new 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 2 f 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 five (5)years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Co&cil Filed in Clerk's mice .31141Li) t--LO '�L Cgir$VOITHRIEND,IN 3 "SpUTHg�;•;• SF!\ ///// PHONE 574/235-9371 1200 COUNTY-CITY BUILDING d �� \� , O FAX 574/235-9021 227W JEFFERSON BOULEVARD SOUTH BEND,INDIANA 46601-1830 R 1865 ,�•''', CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY & ECONOMIC DEVELOPMENT SCOTT FORD, DIRECTOR November 20,2012 Council Member Henry Davis, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: SOUTH BEND WOODWORKS, LLC Dear Council Member Davis: Please find attached the Department of Community & Economic Development's report on a personal property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form,and supporting information.The project calls for the acquisition and installation of equipment to be located at 707 S Scott Street. The report contains the Department's findings relative to the above petition. The total cost for the equipment is estimated at$45,000. The project meets the qualifications for a(5)five-year personal property tax abatement and a representative from South Bend Woodworks,LLC will be available to meet with the Committee on Monday, December 10, 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, aeffityNa...k... Kathy Hahn Economic Development Specialist Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C.MEYER DONALD E.INKS 574/235-9660 574/235-9371 FAx: 574/235-9469 TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: SOUTH BEND WOODWORKS,LLC DATE: November 20, 2012 On November 19,2012,a petition for personal property tax abatement consideration for property located at 707 S Scott Street was filed with the City Clerk by South Bend Woodworks, LLC. Pursuant to Chapter 2, Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend,this petition was referred to the Department of Community 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 South Bend Woodworks,LLC is a start-up company which will manufacture wooden children's furniture and Notre Dame puzzles. The Notre Dame puzzles will be sold in the Notre Dame bookstores. The children's furniture for toddlers and preschoolers will consist of rockers, chairs, scooters, step stools, rocking horses,and toy boxes.The equipment to be purchased is a wood cutting machine manufactured by Legacy Woodworking Machinery; the machine will cost$45,000. South Bend Common Council RE: Tax Abatement for South Bend Woodworks, LLC November 20, 2012 Page 2 Total Taxes Abated for the (5) five-year abatement period are estimated at$1,986. Taxes Paid for five years would be $1,933. EMPLOYMENT IMPACT Per the petition,it is estimated that the project will create two (2)new,permanent full-time positions and four(4)part-time positions with an annual payroll of$75,000 to$100,000. The project will not maintain any existing positions as this is a start-up company. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the Petitioner, South Bend Woodworks, LLC has not been granted any previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Sample-Ewing area. . 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a (5) five-year personal property tax abatement under section 2-84.2, Tangible Personal Property Tax Abatement. M. aa © ® 0020 • a ?= 000 ° % 3 $ gR G ga$ Ste § CO ~ / \ /®2 S _ ® N 2R - = oo ?o $ roan (0Co IA2 of (0r = co . y6 % 0 roan « o o = = zee o = = = co \ - ® / / 7\\ K » m I / # � � f CO . . N � - N Zan off \ « \ - C r co (00 .. = CVoC o GG % 3 rro CO CO « mo e _ GN � - � CO ro ƒ / %«A $ # # CO < = w # � R a ~ � ® G ° S \ / J / ° 000 ® •7 ° 7 ° @ $ 7t \ Qg072 % 7 0 0 = E 04 RR* G CV CV G = 3zco o = = N- o & CD \ ' \ _� a u ƒ \ CO 0 w m c t a) 0 of 44 - noo6o e coo goo § \ § G § S72 ° k ® a \ 00 » 00 G r � z7 ; = = 0N- = & x § o �/ . � \ \ _ - \ e a \ \ / ® - 3 ok _ V � / o 4 ( o ¥ § t ® B « \ 7Ao o e 000 000 f § 00000 o is £ o � e G t - 2f 44 0) � w 2 0 CO CI. v) 03 � < 4 � _c / \ \ @ m n � / ¢ � CVr # � / ] ¥ RBRgC w > / § ƒ $ a » t » t » co / 7 gg I = aa � a = (0 } \ \ \ B2 / . \ § taco ® 0 \ 2 fEf ? $ f & 33 E « \ E± k §� § o2 t � \ � ¥ E \ To m { ja \ > w2 7 & . 0 \ a $ $ § 2 \ ( / o ) a# S � . } ± v > 9 � ? \ � A 2 7 CO I ± ° ` 2 § 2 ` xeq } / Af a> >' � § In2j \ k \ / , kC0 J < 7 .. _ % F.. / 00 ti { < < E � 0 ( \ ) k , § . / \ to 0 ii < 0 -1 0 CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, new research and development equipment, new logistical distribution equipment and/or new information technology equipment, all personal property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for personal property (new manufacturing equipment, new research and development equipment, new logistical distribution equipment and/or new information technology equipment) tax abatement consideration and pursuant to I.C., 6-1.1-12.1, et seq., and South Bend Municipal Code Section 2-84.2,et sea.,, for this petition state the following: 1. Describe the proposed project, including information about the new personal property identified as manufacturing, research and development, logistical distribution and/or information technology equipment ("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 importance of the project to your business. S nfh RPnd Woodworks TJI is a nnwl y PSi-ahl tshPd Tnrii ana T,T.0 which _ _ - _ _ _ - - - - - _ - - = th Bend (a buildiziy we dLC pUL lidsitiy) . The manufacturing equipment that is the subject of this petition is a CNC router, control equipment, and other woodworking equipment. 2. The project will: (a) create 2 permanent, full-time and 4 permanent, part- time jobs within the first year, representing a new annual payroll of$ $7 _1 on,noo and (b) maintain NA existing, permanent, full-time and NA existing, permanent, part-time jobs representing an annual payroll of$ NA for existing employees. 3. Provide current wage information for existing employees including: base rate, cost- of-living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips (please show average hourly rate or range). Do Not Include: back pay, jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements. Full-Time Part-Time Laborers $ $ 4 Technical $ 2 $ Managerial $ $ • Administrative $ $ Filed in �leri�'s O Fi CC NOV 19 M (Rev. 5/13/11) 1 JOHN CITY CLERK,SOUTH SEND,IN 4. The projected annual salary for each new position indicated in item 2 above is estimated to be as follows (Please attach a separate sheet if more space is needed): POSITION (Indicate Full time[FT]or Part time [PT]) EMPLOYMENT WAGE Shnp FnrPman FT $15 ppr hr rT(' rp ratnr FT $15 per hr Shop labor pT $10-12 per hr • 5. Estimate the total cost of the new Equipment: $ $45,000 6. (a) The Equipment is owned or to be owned by the following individual(s) or corporation(s) (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST(%) South Blend Woodworks LLC 1)0 ._ Q ter—St 100 Smith Rpnd A 17 (b) The following other person(s)or corporation(s) lease, intend to lease, or have an option to buy the Equipment (include corporate information as required in (6)(a) above, if applicable): NAME ADDRESS INTEREST(%) NA 7. Give a brief description of the overall nature of the business and of the operations occurring at the location for which tax abatement is requested: South Bend Woodworks LLC is a startup that intends to manufacture , ... . , . . . • ' . . . • • II. . small - - _ - - • -irs, .. - p - . .. , . ' . . - • 5 , .. - , 8. The commonly known address of the REAL property where the Equipment is to be located is: 707 C. Ccott St. , South Bcnd, In. 46601 • 9. The Key Number(s) of said property is: 71-08-11-432.009-026 10. A legal description of the REAL property where the Equipment is to be located is attached hereto, marked "Exhibit A,"and incorporated herein. 11. A map and/or plat describing the REAL property where the Equipment is to be located is attached hereto, marked "Exhibit B," and incorporated herein. (Rev. 5/13/11) 2 12. Photographs of the REAL property, taken within two (2) weeks of filing of this petition are attached hereto, marked "Exhibit C,"and incorporated herein. 13. The current assessed valuation of the tangible personal property to be replaced by the new Equipment is$ 0 (This information may be obtained at the St. Joseph County Assessor's office, 235- 9523) 14. The current use of the REAL property where the Equipment is to be installed is vacant and the current zoning is (teneral Tnch,strial (This information may be obtained from the Building Department, 235-9553) 15. 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 4146.16 (only 1/2 paid) 0 7010 t8 15,742.48 _2009 3771-4.5 5895.41 9048 3549`83 5.68 7007 3382.44 1927.59 (This information may be obtained from the St. Joseph County Treasurer's office, 235-9531) 16. 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 or 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). We _are a startup with no employees at this time, hut we have engaged the South Bend Center ler the Bemelecc to pEevidc landscape, cleaning and buuw .euiuval. 17. Describe on-site child care or day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. none 18. What is your best estimate of the market value of the new Equipment after installation? $ $40,000. 19. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? $ 3 o,00 (Rev. 5/13/11) 3 20. What is the commitment your firm will make to minority employment during the five years of tax abatement? We have located our facility in the Economic Zone intentionally hoping to recruit and hire from this area. 21. 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) 22. 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 a separate sheet if more space is needed) ABATEMENT TYPE TERM DATE OF APPROVAL mn 23. 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: 2499-Wood products not elsewhere classified 2511-Wood household furniture, except upholstered 24. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description is: 337192 25. 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 St. Zone 26. 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. NnuR (Rev. 5/13/11) 4 27. Describe how and why the manufacturing equipment, research and development equipment, logistical distribution equipment and/or information technology equipment to be replaced or the facility in which the 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: currcntly vacant. This project c-reatc3 new jobs. 28. The new manufacturing equipment, new research and development equipment, new logistical distribution equipment and/or new information technology equipment to be installed will be used for one (1) or more of the uses listed within the definitions of New Manufacturing Equipment, New Research and Development Equipment, New Logistical Distribution Equipment and New Information Technology Equipment set forth in I.C. 6-1.1-12.1 et sea. and 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.) 29. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: Name: Michael R Lindburg Address: i7ns F-i- - St_ City, State, Zip Code South Bend, In 46617 Telephone: mlindburgl @vahoo.corn E-mail Address: ml i ndhurgl Oyahnn_cam 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 Owner(s): {1t .t om ujet2I'S Z C, 404 gy --do 110 t �yV�✓� (Signed Name) 1r.&( 72 tIAd-h -2 (Typed or printed name and capabity of . _ R � an agent or representative of the owne led In e. $ (Rev. 5/13/11) 5 NOV 19 ZO1Z 410 VOORPR CITY.aim SOUTH BEND,IN ■ 4?a STATEMENT OF BENEFITS FORM SB-1 /PP I .. �1'; PERSONAL PROPERTY .•• .,:�,, State Form 51764(R/1-06) PRIVACY NOTICE '°'• Prescribed by the Department of Local Government Finance The cost and any specific individual's salary information is confidential;the balance of the filing is public record per IC 6-1.1-12.1-5.1(c)and(d). 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 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, 1987,require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2. Approval of the designating body(City Council,Town Board,County Council,etc.) must be obtained prior to installation of the new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment,BEFORE a deduction may be approved 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-1/PP annually to show compliance with the Statement of Benefits. (IC 6-1.1-12.1-5.6) 5. The schedules established under/C 6-1.1-12.1-4.5(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(I)and(g)) SECTION 1 TAXPAYER INFORMATION Name of tax ayer c AAA 734.A.r.1 u_Do o ;.s.,:oaks L. L.c_. Address of taxpayer(number and street, ity,state,and ZIP code) • > 0 ,© 4-1 VIP•B.vLA. 7 Name of contactpperson ' Telephone number 11 c.t a Z. i vt. - -, .5-7- 3" 6 SECTION 2 LOCATION ANC DESCRIPTION OF PROPOSED PROJECT Name of desi Hating body ( • Resolution number(s) 0. f)0' (O f L- - C:xtvt.G,c Location of prope /� County DLGF taxing district number 3 , COrr - : : ' � Description of manufacturing equip ,= ' r . ,. .. -. . ent ESTIMATED and/or logistical distribution equipm:n and or i f • • ment. START DATE COMPLETION DATE (use additional sheets if necessary) ti ��� Manufacturing Equipment 9 R&D Equipment J0144 Vow 6-suE Logist Dist Equipment CITY CLERK,ROUYN BEND,IN IT Equipment SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current num,er Salaries id Number pined Number.•ditional too SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT MANUFACTURING R&0 EQUIPMENT LOGIST DIST IT EQUIPMENT NOTE:Pursuant to IC 6-1.1-12.1-5.1 (d)(2)the EQUIPMENT EQUIPMENT COST of the property is confidential. COST ASSESSED COST ASSESSED COST ASSESSED COST ASSESSED VALUE VALUE VALUE VALUE Current values V Plus estimated values of proposed project a. ,.• Less values of any property being replaced Net estimated values upon completion of project L * Ii SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) Other benefits: SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Signature of authorized representative Title Date signed(month,day,year) FOR USE OF THE DESIGNATING BODY We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution,passed under IC 6-1.1-12.1-2.5,provides for the following limitations as authorized under IC 6-1.1-12.1-2. A.The designated area has been limited to a period of time not to exceed calendar years*(see below). The date this designation expires is B.The type of deduction that is allowed in the designated area is limited to: 1. Installation of new manufacturing equipment; ❑Yes ❑N o 2. Installation of new research and development equipment; ['Yes ❑N o 3. Installation of new logistical distribution equipment. ❑Yes ❑N o 4. Installation of new information technology equipment; ❑Yes ❑N o C. The amount of deduction applicable to new manufacturing equipment is limited to $ cost with an assessed value of D. The amount of deduction applicable to new research and development equipment is limited to $ ___ cost with an assessed value of $ E.The amount of deduction applicable to new logistical distribution equipment is limited to$ cost with an assessed value 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 02 years 07 years 5 or 10 year schedule may be deducted. 03 years 08 years 04 years 09 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 *If the designating body limits the time period during which an area is an economic revitalization area,it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.1-12.1-4.5 4i 1-1 reiT A- Order No. : 511208511 EXHIBIT "A" A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 11,TOWNSHIP 37 NORTH, RANGE 2 EAST, IN THE CITY OF SOUTH BEND, INDIANA,AND LOCATED IN A PARCEL OF LAND REFERRED TO AS THE NORTH PART OF DISPOSITION PARCEL ONE (1) OF THE SAMPLE STREET REDEVELOPMENT AREA, INDIANA, PROJECT R-7: COMMENCING AT AN EXISTING CROSS IN THE EAST SIDEWALK OF SCOTT STREET AT THE INTERSECTION OF WESTERN AVENUE, SAID CROSS BEING LOCATED ON THE SOUTH LINE OF WESTERN AVENUE AND 5 FEET WEST OF THE EAST LINE OF SCOTT STREET; THENCE SOUTHERLY FROM SAID CROSS A DISTANCE OF 938.49 FEET TO ANOTHER EXISTING CROSS IN THE EAST SIDEWALK OF SCOTT STREET; THENCE CONTINUING SOUTHERLY A DISTANCE OF 100 FEET TO ANOTHER EXISTING CROSS IN THE EAST SIDEWALK OF SCOTT STREET(ALL THREE CROSSES BEING IN A STRAIGHT LINE AND 5 FEET WEST OF THE EAST LINE OF SCOTT STREET); THENCE CONTINUING SOUTHERLY ALONG A LINE PROJECTED THROUGH THE ABOVE SAID 3 CROSSES A DISTANCE OF 71.71 FEET; THENCE TURNING A DEFLECTION ANGLE OF 89 DEGREES 57'37 RIGHT FROM THE LAST DESCRIBED COURSE EXTENDED AND RUNNING WESTERLY ALONG THIS LINE A DISTANCE OF 75 FEET; THENCE SOUTHERLY ON A LINE PARALLEL TO AND 75 FEET WEST OF THE LINE ESTABLISHED BY THE 3 PREVIOUSLY DESCRIBED EXISTING CROSSES IN THE EAST SIDEWALK OF SCOTT STREET A DISTANCE OF 335 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG THE LAST DESCRIBED COURSE A DISTANCE OF 135 FEET; THENCE TURNING A DEFLECTION ANGLE OF 89 DEGREES 57'30" RIGHT FROM LAST DESCRIBED COURSE EXTENDED; THENCE WESTERLY ALONG THIS LINE A DISTANCE OF 170 FEET; THENCE NORTHERLY PARALLEL TO THE EAST LINE OF THIS PARCEL A DISTANCE OF 135 FEET; THENCE EASTERLY PARALLEL TO THE SOUTH LINE OF THIS PARCEL OF A DISTANCE OF 170 FEET TO THE POINT OF BEGINNING; ALL LOCATED IN SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. Property 707 S. Scott St., South Bend, IN 46621 Address: Filed PIT Ci.,.,irict Office [.......,....._ .......61p.a 1 1■10 192012 CITY CU '.. L '')..4 :IVD ,IN Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association 4 -Goo le Maps `x, (3_' 11/19/12 12:07 PM 6601 g p e ls screeTo sen,all use the the detai"Printthat"link next are visible to the on mapthe. Google e a .40. ` it Y+(, _. A �, { -. _ 5 4 'r I — , I:4 a t; f 1 F. • 7-------*-- '-'--"'.77"'-'77,fse -.- . '. , ...,,i,,I.,/7,,iT.7;-..-,:,-.c.,r;'"i'rip :.'Itt,„11;2‘,1.4 1.4- .1'1 .•','..,.,..t' ,'"' ,".V''''- 4ik-'''''.." i •'' F. i 3. T I < y 5 _{ Ex.,� � kk^ may' yt { . .41 1- 11-: 14.-f t +r - - ;4:,.--43 "'W a (mac _ } itt ) n {ttp://maps.google.com/ Page 1 of 2 46 -Goo le Ma s ` ' t -11/19/12 12:08 PM 601 g Map see all the details that are visible on the screen, use the"Print"link next to the map. Go o le v South Bend iI to C Silver Hawks Monroe Cir CP Coveleski °- Clear 11 Reci of.a, Candy Stadiums South Rend in f tureto7 Authority W SOUtfi S1 W South St W South St ry<< ■ . ..,.... 6X; South h Betx1 Warehoctsiop South Bent • Warehousing Sweatt of Traffic And t.if'itrtl N --r 0 t 5, r- PP 5 `" o a. tl fievF an-i; DT 8 rj a_ to t a St of.e,h County Ja+' ibilonlana Crime Scsi n Rena Sto,�?peis PoI CP DcNt 301 34.E W Sample St ?3 W Sample St W Sample St 0 W Sempl Page 1 of 2 ittp://maps.google.com/ mr:10,..0 7, Kt, e i na G - .'}f,I V I. la.ej�• r I fie, {Rw�,J 4 , .' gyp gqy�� I S vwlhr.. "+F • 4°Y *gy�S� . ;1.., -4, \,\ . 4 :-.,,,,-..,, ,,V. —11'-`1-'' 1 �� Asa �LinaeA 7 III 1 A r Z- 4 L ■ `"'1" a u>•u 1, I i r ud ... t H �I__ x f lti�5� lC F L1 L -7t- i-. - ' 1 t . <, �iie� 1 p''" -,- I I i a p Tilia u AMII Ili 4' ..'--•-.-.7::::, f--- '-. 1. . . . .A, x ljetOt i II+: .-ar 1 1 4 ". i 1 . T! ' • L i — 5,3 i . -7 NOTICE .9•s�l^. L' y This map is a representation ',�" of the City of South Bend South Bend Zoning I,r.,Ha :i: +: ;m Zoning Map current as of "SF1"SINGLE FAMILY AND TWO FAMILY DISTRICT "LB"LOCAL BUSINESS DISTRICT 1111. _..:^,r'- TUNE 2011. #, ,s+� To ensure accuracy, a "SF2"SINGLE FAMILY AND TWO FAMILY DISTRICT 0 "CB"COMMUNITY BUSINESS DISTRICT s Y I, •_',tea` please call: in "MF1"URBAN CORRIDOR MULTIFAMILY DISTRICT • "GB"GENERAL BUSINESS DISTRICT '�+' �:CyM� The Area Plan Commission is "MF2"HIGH-DENSITY MULTIFAMILY DISTRICT r "U"UGHT INDUSTRIAL DISTRICT j at 574-235-9571 "GI"GENERAL INDUSTRIAL DISTRICT �—�.� to verify the zoning on EZ- "OB"OFFICE BUFFER DISTRICT ro ..Mt� specific properties. "MU"MIXED USE DISTRICT "PUD"PLANNED UNIT DEVELOPMENT °Ri�MO i.4r n II.. N ':; w11*3 al "CBD"CENTRAL BUSINESS DISTRICT Q"U"UNIVERSITY DISTRICT "0"OFFICE DISTRICT AN,`VE S Aepred Ey DM.JUNE 2011 South Bend Zoning Nee PM"el*Cou n MaosJU M:S.ISM.= St.Jaeeph Comb 2.� Source:AREA PLAN OIS 717W.JeAwn B,,d Room 1140 r i4 a.mimx.Inromrtwn.irewn on....net .t Inch=7,503 feet south Sand,moron 49301 worked fareSnotp orman9rexotwl Repmduaeon Phone:(57O}2350571 of the nPian C k not pwelbS W anOph loan pvndia,. Fax(571}2354913 "'-.;.. , of Area Men CamMWun o/8t.JOwphCwnlyhsfiene 0,....,,,,..,,,,„,W"9eY P"ra COOreheta�y"sm 196J MM M"rian0............. m.' d"� u. 'Al's` �'M1ip f'%�• t' I '. F L ,, �; r1 t d TISAN II Excellence in CNC A a f+ Legacy Woodworking Machinery John Hennen 435 W. 1000 N. Sales Supervisor Springville,Utah. Legacy Woodworking 84663 800-279-4570 ext 16 Www.legacycncwoodworking.com Flied Clerk's CO frN9ZO12I �a�4 RpE crry 0.411 ,SOUTH voo BEND,IN r � PO. [Z—q 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 228 East Bronson Street AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Curtis Products, Inc. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 850 S. Marietta Street, Suite 300, South Bend, Indiana,and which is more particularly described as follows: Lot B Monroe- Sample Replat and Lot E Monroe-Sample Replat and which has Tax Key Numbers 018-3025-0910; 018-3025-0912; 018-3021-0793; 018-3024- 090101; 018-3092-3513; 018-3025-09401; and 018-35104-03004 presently, 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 sec., and South Bend Municipal Code Sections 2-76, et seg., 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 pursuant to Indiana Code 6- 1.1-12.1-4.5 et sec.,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 five(5)years. 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. 2 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. Oki- - 6 ids:Q.. .' �' Member of the Common Counci Filed in Clerk's Office JOHN VOONA � .T t i nE s; c Y!cum,SOUTH bb s r,.DOP Te=ll 3 3 SouTI 14:-. 1200 COUNTY CITY BUILDING :w \\. // PHONE 574/235-9371 227 W.JEFFERSON BOULEVARD •\14, /,_�r FAX 574/235-9021 SOUTH BEND,INDIANA 46601-1830 - a� x .. 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY & ECONOMIC DEVELOPMENT SCOTT FORD, DIRECTOR November 16, 2012 Council Member Henry Davis, Chairperson Community& Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: CURTIS PRODUCTS,INC. Dear Council Member Davis: Please find attached the Department of Community & Economic Development's report on a personal property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form,and supporting information.The project calls for the acquisition and installation of equipment to be located at 228 East Bronson Street. The report contains the Department's findings relative to the above petition. The total cost for the equipment is estimated at $674,678. The project meets the qualifications for a (5) five-year personal property tax abatement and a representative from Curtis Products, Inc. will be available to meet with the Committee on Monday, December 10, 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, iY Kathy Hahn Economic Development Specialist Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C.MEYER DONALD E.INKS 574/235-9660 574/235-9371 FAx: 574/235-9469 TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: CURTIS PRODUCTS, INC. DATE: November 16, 2012 On November 15,2012,a petition for personal property tax abatement consideration for property located at 228 East Bronson Street was filed with the City Clerk by Curtis Products,Incorporated. Pursuant to Chapter 2, Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend,this petition was referred to the Department of Community 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 Curtis Products,Inc. fabricates metal tubing and related assemblies for customers engaged primarily in the agricultural industries throughout the United States. The equipment to be purchased includes a Socco electric CNC tube blender, a hose crimping machine, four tank cleaning lines with hoist and automation,a Manchester M78 end forming machine,a MK2 Pillar induction braze machine, and an air compressor 60 HP. The total cost of the equipment is estimated to be $674,678. South Bend Common Council RE: Tax Abatement for Curtis Products, Inc. November 16, 2012 Page 2 Total New Project Taxes for the (5)five-year abatement period are estimated at$58,752. Taxes abated for five years would be $6,661. EMPLOYMENT IMPACT Per the petition, it is estimated that the project will create nine (9) new, permanent full-time positions with an annual payroll $230,000. The project will maintain 324 permanent full-time and 7 permanent part-time jobs representing an annual payroll of$10,300,000 for existing employees. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the Petitioner, Curtis Products, Incorporated,has been granted a five year personal property abatement at 4/01/2000 and a five year personal property abatement at 7/12/2004. 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 South Bend Central Development Area. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a (5) five-year personal property tax abatement under section 2-84.2, Tangible Personal Property Tax Abatement. • 0 0 to n0 CD u) o 0CDd' M et n O f'6 r0 CA co N CA r C) n M n M Cl 0 N N-C.4 CA et to h to CO 1- (1) } N V V dO' st OOD N- 10 et CD a N N -4 Cl o o d. OOtoNco o CO '1. NMI � �) � t>D 'tr.-V 'cry NN- COO u) CON- 0 � � O Z ~ a CO ano.Otno cO } >. V' M CO OM (O OOO M00 1: (15 4 O Z aNOO') CVCV d COrto V to to tot Ototo CO t Co r r 0 o M O co O o O O CO CXp 0 O CA n r u) O '- p CA n d' O N n n CA n N O O M CO to CO 0 N I,- O CO N to N C`') CO V M 00 CO CO a- to CO M CO } @ tt n N CA O O Or to Cr O to Q N r (O CL N M N M -4 v r r O O co 0 o N 't O n D,- o n O) CO CO O 00 V 3 N N_ N M 0 N CV* OO N- CCOO co co CO 0 N F OD OD n CO CO et Cr Cr 0) Z m CCO CO M.000 0) V V } C>6 � 0NN O CO CO tO vCb U) 0 a) too COO t0O t0O ton CO n N c) O a M U N Q t M r co C w 4 = C O (1)) tI a) M -- ' M 12 E 0 0 N ° NNf- N o M O M et Off) COY) D O X co Ps 0) loo Ps tp > CU ,Cb � O 0 NN- COF- to CA r CO Cr.CO CO Z p CO O CO CO r r n X .0. V C73 r } > CA CA V O N-c0) to o O') a 1- C3) T CM CA c0 r O1-0 > et O O et CO `emu) �' CO r r 0 0 C` O Q a N N N �}' ` X a o x r w a mc o 0 0 et cD CO v v co c m w Oo o Oo ao CD c 3 Q. ED_ co O MCAM CAM X MMMM M CO 0 O ~ n n CO O) r n MMn N CO n N- n n n CO .�-. (� Z Q = 05 sf v o tr)tr N-w tri 'X I- tri tri arc tri u) CO X O U > ' Co -et CO V W � TrTFetet N .0-. CU Q N -l' N c ... r Ca v O co pcp Cc6 N 0 8 O N .- a 00 1 rNMeh to E is m 0 0 0 0 0 0 = NNNNN CO .0 0 O o o N (6 (6 (6 N N N 0 3 v°', a` o o � aaaaa . c CO Z � V 00 O n 0 CO C2j) >,Q ° O cD I- >. CO CD ac) m cc) o o ca X t ' CD U=H U w a-m o m > 0. a) a) a >., ai o v C o U) •, ca c 0 Ca 0. > > > > cU y 0 aa)) `) N 0 0 '6 N X X X i Y D a) ,_ 0 > > 0 , C6 0. w 0 0. Ca UY O 'D 0 73 1D a) > C 0 ~ c 2 0 U CO a> 03 - (p "O c (n 9 L X L _ m a> 0 0 CO 0 N w m CD T O N CA Q c .....r H Y 7 7 y co 0 .0. CO OL O x 3 N 0 - 0 - ) E Q ¢ cQQZ a co UZ a`pUDU U -- E F • to _ W 0 7 V)cf, 7 N a0j U) `O 0 , If 0 CO < 0 _i 5 CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, new research and development equipment, new logistical distribution equipment and/or new information technology equipment, all personal property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for personal property (new manufacturing equipment, new research and development equipment, new logistical distribution equipment and/or new information technology equipment) tax abatement consideration and pursuant to I.C., 6-1.1-12.1, et seq., and South Bend Municipal Code Section 2-84.2, et seq., for this petition state the following: 1. Describe the proposed project, including information about the new personal property identified as manufacturing, research and development, logistical distribution and/or information technology equipment ("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 importance of the project to your business. Socco two inch capacity electric CNC tube bender $226,256.00 Hose crimping machine $ 16,122.00 4 tank cleaning line with hoist and automation $245,300.00 Manchester M78 end forming machine $ 95,000.00 MK2 Pillar induction braze machine $ 62,000.00 Air compressor 60 HP $ 30,000.00 2. The project will: (a) create 9 permanent, full-time and ° permanent, part- time jobs within the first year, representing a new annual payroll of$ 230,000.00 ; and (b) maintain 324 existing, permanent, full-time and 7 existing, permanent, part-time jobs representing an annual payroll of$3.0,300,000.00 for existing employees. 3. Provide current wage information for existing employees including: base rate, cost- of-living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips (please show average hourly rate or range). Do Not Include: back pay, jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements. Full-Time Part-Time Laborers $ 12.00 $ 10.54 Technical $ 16.75 $ N/A Managerial $ 33.00 $ N/A Administrative $ 20.00 $ N/A (Rev. 5/13/11) 1 4. The projected annual salary for each new position indicated in item 2 above is estimated to be as follows (Please attach a separate sheet if more space is needed): POSITION (Indicate Full time [FT] or Part time [PT]) EMPLOYMENT WAGE EL Bender (FT) $12.74/hr Hose Crimp (FT) $12.49/hr End form (FT) $10.30/hr Induction Braze (FT) $11.53/hr 5. Estimate the total cost of the new Equipment: $ 674,678.00 6. (a) The Equipment 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 (%) Curtis Products, Inc. 228 E. Bronson St., South Bend, IN 46601 100W (b) The following other person(s) or corporation(s) lease, intend to lease, or have an option to buy the Equipment (include corporate information as required in (6)(a) above, if applicable): NAME ADDRESS INTEREST (%) N/A 7. 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 Company fabricates metal tubing and related assemblies for customers engaged primarily inthe agricultural industries throughout the United States. 8. The commonly known address of the REAL property where the Equipment is to be located is: 702/722 South Carroll Street, South Bend, IN 46601 • 18 3025 0910, 18 3025-0912, 18 3021 0793, 18 3024 090101, 9. The Key Number(s) of said property is: 18 3092 3513, 18 3025 090401, 18 35104.03004(personal property key) , 10. A legal description of the REAL property where the Equipment is to be located is attached hereto, marked "Exhibit A," and incorporated herein. 11. A map and/or plat describing the REAL property where the Equipment is to be located is attached hereto, marked "Exhibit B," and incorporated herein. (Rev. 5/13/11) 2 12. Photographs of the REAL property, taken within two (2) weeks of filing of this petition are attached hereto, marked "Exhibit C," and incorporated herein. 13. The current assessed valuation of the tangible personal property to be replaced by the new Equipment is $ None (This information may be obtained at the St. Joseph County Assessor's office, 235- 9523) 14. The current use of the REAL property where the Equipment is to be installed is Light Industrial and the current zoning is LI (This information may be obtained from the Building Department, 235-9553) 15. 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 2012 $55,295.76 $42,065.84 2011 $100,427.24 $41,390.24 2010 $97,576.66 $38,828.54 2009 $109,483.79 $43,215.26 2008 $113,773.40 $35,064.32 (This information may be obtained from the St. Joseph County Treasurer's office, 235-9531) 16. 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 or 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). Curtis Products, Inc. is an equal opportunity employer that does not discriminate in hiring, promotion, discharge, pay, fringe benefits, and other aspects of employment, on the basis of race, color, religion, sex or national origin. 17. Describe on-site child care or day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. N/A 18. What is your best estimate of the market value of the new Equipment after installation? $ 674,678.00 19. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? $ See EXHIBIT "D" (Rev. 5/13/11) 3 20. What is the commitment your firm will make to minority employment during the five years of tax abatement? Curtis Products, Inc. is an equal opportunity employer who constantly seeks out qualified employees regardless of race, color, religion, sex or national origin. 21. 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) 22. 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 a separate sheet if more space is needed) ABATEMENT TYPE TERM DATE OF APPROVAL Personal Property 5 year 4/1/2000 Personal Property 5 year 7/12/2004 23. 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: 332900 Other Fabricated Metal Product Manufacturing 24. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description is: 332900 Other Fabricated Metal Product Manufacturing 25. 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: South Bend Central Development Area 26. 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. NONE (Rev. 5/13/11) 4 27. Describe how and why the manufacturing equipment, research and development equipment, logistical distribution equipment and/or information technology equipment to be replaced or the facility in which the 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: N/A 28. The new manufacturing equipment, new research and development equipment, new logistical distribution equipment and/or new information technology equipment to be installed will be used for one (1) or more of the uses listed within the definitions of New Manufacturing Equipment, New Research and Development Equipment, New Logistical Distribution Equipment and New Information Technology Equipment set forth in I.C. 6-1.1-12.1 et seq. and 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.) 29. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: Name: Jeffrey M. McGowan, CPA Address: 210 S Michigan Street, Suite 200 City, State, Zip Code South Bend, IN 46601 Telephone: 574-289-4011 E-mail Address: lincgowan@k1cpas.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 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 Owner(s): Curtis Products, Inc. By: 7nx Rep re&.c h1-11 (Si9� e) We f M McGowan, Tax Representative (Typed or printed name and capacityasworr-i stignel�t � an agent or representative of the omM)9.0 in (Rev. 5/13/11) 5 NOV 15 Z01Z JOHN VOORDE CITY CLERK,SOUTH BEND,IN E Rg7y ` " STATEMENT OF BENEFITS FORM SB-1 /PP it ; 1 ; PERSONAL PROPERTY ,� ;'�. State Form 51764(R/1-06) 'ens Prescribed by the Department of Local Government Finance PRIVACY NOTICE The cost and any specific individual's salary information is confidential;the balance of the filing is public record INSTRUCTIONS: per IC 6-1.1-12.1-5.1(c)and(d). 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making 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, 1987,require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2. Approval of the designating body(City Council, Town Board, County Council,etc.) must be obtained prior to installation of the new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment,BEFORE a deduction may be approved 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-1/PP annually to show compliance with the Statement of Benefits. (IC 6-1.1-12.1-5.6) 5. The schedules established under IC 6-1.1-12,1-4.5(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(1)and(g)) SECTION 1 TAXPiti crc INt-ORMATION Name of taxpayer • n . • • a- Curtis Products, Inc. Address of taxpayer(number and street,city,state,and ZiP code) 228 E Bronson St. South Bend, IN 46601 Nov Io`l 1 5 zoiz Name of contact person Telephone number Jeffrey M McGowan . - .-- 572/) 289-4011 SECTION 2 LOCATION AN I DFCrPI°TION OF PROPOSE-0 Pro:EC' Name of designating body -- Resolution number(s) South Bend Common Council Location of property County DI rF tnv-in,'riictrict number 702/722 S Carroll St. South Bend, IN 46601 St. Joseph SB-Portage Description of manufacturing equipment and/or research and development equipment ESTIMATED and/or logistical distribution equipment and/or information technology equipment. (use additional sheets if necessary) START DATE I COMPLETION DATE Sacco 2 inch capacity electric CNC tube bender Manufacturing Equipment 1/v2013 1/6/2015 Hose crimping machine _ 4 tank cleaning line with hoist nad automation R&0 Equipment Manchester M78 end forming machine MK2 Pillar induction braze machine Air compressor 60 HP Logist Dist Equipment IT Equipment SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salaries Number retained Salaries Number additional Salaries 331 10.300.000.00 331 10,300,000.00 9 230,000.00 SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT MANUFACTURING R&b EQUIPMENT LOGIST DIST IT EQUIPMENT NOTE:Pursuant to IC 6-1.1-12.1-5.1 (d)(2)the EQUIPMENT EQUIPMENT COST of the property is confidential. COST ASSESSEUE VD COST I ASSALUE VAESSED COST ASSESSED LUE COST ASSESSED VAL VALUE Current values 4,182,674 1,244,790 I I I Plus estimated values of proposed project 674,678 202,403 I I Less values of any property being replaced , Net estimated values upon completion of project 4.857,352 1,447,193 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) Other benefits: SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Signature orized representativ, Title Date signed(mont,day,year) FOR USE OF THE DESIGNATING BODY We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution,passed under IC 6-1.1-12.1-2.5, provides for the following limitations as authorized under IC 6-1.1-12.1-2. A.The designated area has been limited to a period of time not to exceed calendar years*(see below). The date this designation expires is B.The type of deduction that is allowed in the designated area is limited to: 1. Installation of new manufacturing equipment; ❑Yes ❑N o 2. Installation of new research and development equipment; ❑Yes ❑N o 3. Installation of new logistical distribution equipment. ❑Yes ❑N o 4. Installation of new information technology equipment; ❑Yes N o C. The amount of deduction applicable to new manufacturing equipment is limited to $ cost with an assessed value of D. The amount of deduction applicable to new research and development equipment is limited to $ cost with an assessed value of$ E.The amount of deduction applicable to new logistical distribution equipment is limited to$ cost with an assessed value 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 06 years **For ERA's established prior to July 1,2000,oily a 02 years 07 years 5 or 10 year schedule may be deducted. 03 years 08 years ❑4 years ❑9 years 0 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 "If the designating body limits the time period during which an area is an economic revitalization area,it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.1-12.1-4.5 EXHIBIT A Curtis Products, Inc. 228 E. Bronson Street South Bend, IN 46601 Abatement Consideration Legal description of property where the equipment is to be located: Lot B Monroe—Sample Replat Lot E Monroe—Sample Replat Filed In Clerk's Mice NQV 1 5 2012 cm CLERK,SO TH BEND,IN .14 %/IAA 1 VII•-71.1,,,,,1.."..114411 J-,Valla.l.,111 s..0■J■Jbl".•111%.41JJ .1.14.F•//11 ea Exhibit B c(x sie • I •„,.., u,....... 5 ... 1 ..1 *4) 1 A hauls St E South Si E South St V 0 9 lin) 'a Wc ,cA E South St E SOutfl St S 51.15,51 i.P. 60130t fa( 64140* i 'W • ..,s1 — rt ti ,P44 or X to If 7N4 40444."• I 0 I k t 3 se V E Bronson Et E Brawn Et VY 6E411306 St E Sfons0h et . 1, 'Y 67,,Z1 GAN razzs...7.., e,Lt,R.T C .t. f- ' 1)k OD 0 C.TS Rush St e S i , 1.3.fta,liehr 9 Ch . .., i ,OL ■ 1 . : Al Tut!St 4 il X Z .',.,,, E Tull St T oo,, -.....,.,... 0. F w al SarnPte stV t:22."' E Sitrapie Si @ D E St tPlii St cl...i it-3-3) S SenigAa St 01, .03 - --. E Snhoe St p E SNAP*St E SamPia St . 0 . . !' CA i' * • 1 11/14/2012 9:42 AM A (- 'Ix Exhibit bit C ,rse. ,ire .•r � ..r F <.� :$n�t- L e :,z e4.� v,e-.1 ,t'�wo C#ttN ,ic�e ^Sks��+� -__. ` r .. i !h'∎ ' y .. "'4:,-.4;=,,'4,-,--, - - . • M � Y 'f 4 W .... • ' Ili iR Y° , a 1.A a — 6 ,. • y 2411440:111.., . i P 4, 5 5 t t Y • . ----- --11 ' R r , ssx t .t. "tl. •" s V4,1% f., •Y� L:,05,,i, ^ 1 • ; _ 4.' . - j¢' r' y :1 s v � � • i Al.., - ,. 1, . 1 ; { :fie `';•tt-e . { Via: EXHIBIT D Total Estimated Equipment Cost: $ 674,678 Assume Constant rate of: 0.035 (net of replacement credit) 100% TTV Assessed Tax Tax Tax Year TTV% (Year 5-8) Value Rate Abated Paid 1 30% 202,403 202,403 $ 7,084 $ 7,084 $ - 100% 2 30% 202,403 202,403 $ 7,084 $ 5,667 $ 1,417 80% 3 30% 202,403 202,403 $ 7,084 $ 4,250 $ 2,834 60% 4 30% 202,403 202,403 $ 7,084 $ 2,834 $ 4,250 40% 5 30% 202,403 202,403 $ 7,084 $ 1,417 $ 5,667 20% $ 35,421 $ 21,252 $ 14,168 Without Abatement: $ 35,421 With Abatement: $ 14,168 Amount Abated: $ 21,252 frnc . Office E1 15 2012 1 CITY CLERK,5.01.R h BEND,IN Page 1 '' POWER OF ATTORNEY .• i,) State Form 23261(R7/6.10) Prescribed by the Department of Local Government Finance Please TYPE or PRINT. PART I-POWER OF ATTORNEY 1. Taxppayer Information(Taxpayer must sign and date this form on page 2,line 7 and have the form notarized on page 2,fine 8.) Name of taxpayer(s) Curtis Products, Inc. Address(es)of taxpayer(s)(number and street.city,state,and ZIP code) 228 E. Bronson Street, South Bend, IN 46601 Last four digits of Social Security Number Employer Identification number Telephone number x xx-x x- 35-1040300 ( 574 )289-4891 The above named taxpayer does hereby appoint the following representatives)as attomey(s)In fact: 2. Representative Information(Representative must sign and date this form on page 2,Part it.) Name of representative JEFFREY M MCGOWAN, TAX REPRESENTATIVE, LEVEL II ASSESSOR, CPA Address of representative(number end street,city,state,and ZIP code) 210 S Michigan St. Suite 200, South Bend, IN 46601 Telephone number Fax number Check if: ( 574 )289-4011 ( 574 )289 4087 ❑New address ❑New telephone number Name of representative JOYCE A LADUE, CPA Address of representative(number and street,city,state,and ZIP code) 210 S Michigan St. Suite 200, South Bend, IN 46601 Telephone number Fax number Check if: ( 574 )289-4011 ( 574 )289-4087 ❑New address ❑New telephone number to represent the taxpayer(s)for the following matters before the: ST JOSEPH P ® County Department of Local Government Finance ❑Indiana Board of Tax Review ® ty roperty Tax Assessment Board of Appeals 3.Tax Matters Type of Tax(real property,personal property) Tax Form Number(130,131,133,17T,etc.) Year(s)or Period(s) TAX ABATEMENT-PERSONAL SB-1, CF-1 PP 2012-2017 TAX ABATEMENT-REAL SB-1, CF-1 RP, 322 ERA 2012-2017 4.Acts Authorized: The representatives are authorized to receive and inspect confidential tax information and to perform any and all acts that I(we)can perform with respect to the tax matters described in line 3,including the authority to sign any agreements,consents or other documents. List any specific additions or deletions to the acts otherwise authorized in this power of attorney 5.Notices and Communications: Notices and other communications will be sent to the first representative listed in line 2. If you also want the second representative listed to receive such notices and communications,check this box. ❑ 6.Retention I Revocation of Prior Power(s)of Attorney: The filing of this power of attorney automatically revokes all earlier power(s)of attorney with me County Property Tax Assessment Board of Appeals, Department of Local Government Finance,or Indiana Board of Tax Review for the same tax matters and years or periods covered by this document. If you do not want to revoke a prior power of attorney,check this box, ❑ You must attach a copy of any power of attorney you wish to remain In effect. Page 1 of 2 mak • 7.Signature of Taxpayer: If signed by a corporate officer,partner,guardian,tax matters partner/person,executor,receiver,administrator or trustee on behalf of the taxpayer,I certify that I have the authority to execute this form on behalf of the taxpayer. The following applies if the authorized representative is a Certified Property Tax Representative pursuant to 50 IAC 15.5.5: I understand that by authorizing as my Certified Property Tax Representative,I am aware of and accept the possibility that the property value may increase as a result of filing an administrative appeal with the Property Tax Assessment Board of Appeals,and that I may be compelled to appear at a hearing before the Property Tax Assessment Board of Appeals or the Department of Local Government Finance. I further understand that the Certified Property Tax Representative Is not an attorney and may not present arguments of a legal nature on my behalf. If this power of attorney Is not signed,dated and notarized,it will be returned. Date of signature(month,day,yew) Signature oitaxpayer • Printed name of taxpayer Title(If applicably,) tt David Heckaman _ rlri° 5 ide vifi Date of signature(month,day,year) Signature of taxpayer Printed name of taxpayer Title(if applicable) 8.Notarization STATE OF SS: COUNTY OF Before me,a notary public in and for said state and county,personally appeared,this day of the taxpayer(s)or a person duly authorized to sign for and on behalf of the taxpayer(s),who acknowledged the execution of this Power of Attorney as the voluntary act and deed of the taxpayer(s). Signature of notary public County of residence Typed or printed name of notary public Dale commission expires(month,day,yew) PART II-DECLARATION OF REPRESENTATIVE Under penalties of perjury,I declare that I am aware of the statutes,rules and regulations applicable to the matters specified in line 3; I am authorized to represent the taxpayer(s)identified in Part I for the tax matter(s)specified there;and I am one of the following: a. Certified Public Accountant-duly qualified to practice as a certified public accountant in the jurisdiction shown below. b. Certified Tax Representative pursuant to 50 IAC 15-5. c. Other(specify) If this declaration of representative Is not signed and dated,the power of attorney will be returned. DESIGNATION JURISDICTION(state,etc.)OR SIGNATURE DATE(month,day,year) (insert above letter-a,b,or c) ENROLLMENT CARD NUMBER '4 „ ' 74( b Indiana �!_r, J; ��,`v.W 1 ti... Z.. Indiana t1 i 0,61 /c7... i a Filed III ` ;< 7 N{ oV15ZO712 CM CLER ►r bi)ta(h BEND,IN Page 2 of 2 -•._ _. .. v. . . v. • ■ v I. I ua.5�a.r \.fl r% IVIJ. Z4(*b REF NO. I INVOICE I INVOICE DATE I INVOICE AMOUNT DISCOUNT AMOUNT J NET AMOUNT 41217 TAX ABATEMENT F 11/14/2012 250.00 0.00 250.00 0:Xk.4.04) . pixt,.cj 4Xa.(y^x?,.O»ix1.0.00,°Q^X'°(i^.: THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER .4x1.0.40.004xl.0.4X1.0.0.0.4X1.0.4X1.00,iX}.O.4Xg./neXp,.r,.; Curtis Products, Inc 24786 P.O. Box 1107 LAKE CITY BANK 1 South Bend, IN 46624 71-371 749 VENDOR NO. DATE AMOUNT PAY TO THE ORDER OF: V0002539 11/14/12 $************2 5 0. 0 0 CITY OF SOUTH BEND CITY CLERK'S OFFICE 227 W. JEFFERSON BLVD RM 455 COUNTY—CITY BUILDING b44ot -401/1444. 4:0,- SOUTH BEND, IN 46601 President Y; 'I^:X: ri Xi''i'ixin•O;C'O'>xX!,'0^: THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK—HOLD AT AN ANGLE TO VIEW )u.X.0 ,0(1., .1X1.00II ,IPO. {F" • 11'000 2 4 713 611' 1:0 7 4 90 3 7 L 91: LOLL 230 9 4 LII' 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 3702 W Sample Street, Suite 1125 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR. Triangle Machine Inc. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3702 W Sample Street, Suite 1125, South Bend, Indiana,and which is more particularly described as follows: Parcel of land,North West of North East Section 1637 2E containing 5.4021 2E acres or less. and which has Tax Key Number 071-08-16-200-003.000-026 presently, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et se q., 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 se g., and South Bend Municipal Code Sections 2-76, et seg., 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 pursuant to Indiana Code 6- 1.1-12.1-4.5 et seg.,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 five(5) years. 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. 2 , SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Couri611 *1•1011114....00 Filed litlerieibitIci QEC -4 ZU1Z I /.42[As.• 00.4 JOHN vome CITY CLERK,SOUTH SEND,IN NOT 74 Doin-F1'h 1200 COUNTY-CITY BUILDING I A \.•\ /�j = PHONE 574/235-9371 "•U �\\� - �i b FAx 574/235 9021 227 W.JEFFERSON BOULEVARD W ��\PEACE�j , ' SOUTH BEND,INDIANA 46601-1830 '`fit AIL ,F,-1 a.';•r zt R 1865 .X CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY S& ECONOMIC DEVELOPMENT SCOTT FORD, DIRECTOR November 20, 2012 Council Member Henry Davis, Chairperson Community& Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: TRIANGLE MACHINE INC. Dear Council Member Davis: Please find attached the Department of Community & Economic Development's report on a personal property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form,and supporting information. The project calls for the purchase of equipment to be located at 3702 West Sample, Suite 1125. The report contains the Department's findings relative to the above petition. The total cost for the equipment is estimated at$87,250. The project meets the qualifications for five-year personal property tax abatement and a representative from Triangle Machine Inc. will be available to meet with the Committee on Monday, December 10, 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, / Mk Kathy Hahn Economic Development Specialist Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C.MEYER DONALD E.INKC 574/235-9660 574/235-9371 FAx: 574/235-9469 TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: TRIANGLE MACHINE INC. DATE: November 30, 2012 On November 30,2012,a petition for personal property tax abatement consideration for property located at 3702 West Sample Street, Suite 1125 was filed with the City Clerk by Triangle Machine Inc. Pursuant to Chapter 2, Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community 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 Triangle Machine Inc. manufactures machined components for a wide variety"of industries such as aerospace, automotive, and orthpaedic. They intend to replace a sixteen year old machine with a new CNC OKUMA LATHE. The new machine will cost $87,250. South Bend Common Council RE: Tax Abatement for Triangle Machine Inc. November 30, 2012 Page 2 Total Taxes Abated for the (5) five-year abatement period are estimated at$861. Taxes Paid for five years would be $39,254. EMPLOYMENT IMPACT Per the petition,it is estimated that the project will retain two (2) permanent full-time positions with an annual payroll of$100,000. The project will not create any new positions. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the Petitioner,Triangle Machine Inc. was granted a five year personal property abatement in 2008. 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 Sample-Ewing area. . 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a(5) five-year personal property tax abatement under section 2-84.2, Tangible Personal Property Tax Abatement. RECEIVED NOV 2 9 2U12 CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, new research and development equipment, new logistical distribution equipment and/or new information technology equipment, all personal property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for personal property (new manufacturing equipment, new research and development equipment, new logistical distribution equipment and/or new information technology equipment) tax abatement consideration and pursuant to I.C., 6-1.1-12.1, et seq., and South Bend Municipal Code Section 2-84.2, et seq., for this petition state the following: 1. Describe the proposed project, including information about the new personal property identified as manufacturing, research and development, logistical distribution and/or information technology equipment ("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 importance of.the project to your business. 1 is • �.y .76,/S,. , -ei . 5TG'i �s .. i a E , �r� ' . . i i, a. lr o •' ' 9 ! s ti&a's XA w : 7-44-6 mac...l-k,►tie, is I&:yrs . 2. The project will: (a) create permanent, full-time and permanent, part- time jobs within the first year, representing a new annual payroll of$ and (b) maintain a existing, permanent, full-time and existing, permanent, part-time jobs representing an annual payroll of$/00 �:Fj(,,,/. or existing employees. 3. Provide current wage information for existing employees including: base rate, cost- of-living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips (please show average hourly rate or range). Do Not Include: back pay, jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements. Full-Time Part-Time Laborers $ $ Technical $ 2 % G $ Managerial $ I . 00 $ Administrative $ $ Filed in CleriPs Of 40 NV 5041Z (Rev. 5/13/11) 1 JOHN Voc>p.� *> CITY CLERK,sou gook k��•i ' 4. The projected annual salary for each new position indicated in item 2 above is estimated to be as follows (Please attach a separate sheet if more space is needed): POSITION (Indicate Full time [FT] or Part time [PT]) EMPLOYMENT WAGE >I /A- 5. Estimate the total cost of the new Equipment: $ 7I •SO . C 0 . 6. (a) The Equipment 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(%) • o . " . - a l C 14 1 CT U+= . Ne_ .i1- gDr11/21tiL/° /L1 !JC 4(24.5'i____" (b) The following other person(s) or corporation(s) lease, intend to lease, or have an option to buy the Equipment (include corporate information as required in (6)(a) above, if applicable): NAME ADDRESS /� INTEREST (%) I T 1i I • ,1 A l 1., , ; ;'c'66 7. Give a brief description of the over II nature f the business and of the operations occurring at the location for which tax abatement is requested: /' J Lo.E_ a .Lk , . .L,1^e. -nw • . ,E 1 ,4 -. - �C.% 1. c C ' , . 9'0 t. ` ii -e-- "o 8. The commonly known address of the REAL property where the Equipment is to be located is: .3 7('2 lg. S/M-1M11'1 & _ST _cGOl Ti=.. //2 5 CC-%--7'./ ." Mb A' /f 6 / 9 9. The Key Number(s)of said"property is: 10. A legal description of the REAL property where the Equipment is to be located is attached hereto, marked "Exhibit A," and incorporated herein. 11. A map and/or plat describing the REAL property where the Equipment is to be located is attached hereto, marked "Exhibit B," and incorporated herein. (Rev. 5/13/11) 2 12. Photographs of the REAL property, taken within two (2) weeks of filing of this petition are attached hereto, marked "Exhibit C," and incorporated herein. 13. The current assessed valuation of the tangible personal property to be replaced by the new Equipment is $ (' . 00 (This information may be obtained at the St. Joseph County Assessor's office, 235- 9523) 14. The current use of the REAL property where the Equipment is to be installed is and the current zoning is (This information may be obtained from the Building Department, 235-9553) 15. 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 ,,100 68g7, 2/D 5 a? • .S o2 2_0 (This information may be obtained from the St. Joseph County Treasurer's office, 235-9531) 16. 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 or 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 p/art-time). Fu /1-lime. 01 / / ,Z 0/ 0 / / 09.1IDq / 2 17. Describe on-site child care or day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. -1•1//9- 18. What is your best estimate of the market v l� o the new Equipment after installation? $ 000, O - h, 7 7 2 d 0 , Oo 19. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? $ 76 00 . 00 . (Rev. 5/13/11) 3 20. What is the commitment your firm will make to minority employment during the five years of tax abatement? • 21. 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) 22. 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 a separate sheet if more space is needed) ABATEMENT TYPE TERM DATE OF APPROVAL 23. 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: l X 6 3 S`9g 24. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description is: 25. 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: .D-e.-e.. 01 12 01 26. 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. f\1/,4 (Rev. 5/13/11) 4 27. Describe how and why the manufacturing equipment, research and development equipment, logistical distribution equipment and/or information technology equipment to be replaced or the facility in which the Equipment will be added is currently technologically, economically or energy obsolete and how and why that obs.lescence may lead to a decline in employment and tax revenues:• I a ^ I r G ; C VL1_ -6-6f CUL 7,,/so c c, C I_•f t.._ !zt c'-t: C.) I lick tie Icy f K C.l i I IiJt2L' Cu,S tr%1??f I"S 28. The new manufacturing equipment, new research and development equipment, new logistical distribution equipment and/or new information technology equipment to be installed will be used for one (1) or more of the uses listed within the definitions of New Manufacturing Equipment, New Research and Development Equipment, New Logistical Distribution Equipment and New Information Technology Equipment set forth in I.C. 6-1.1-12.1 et sea. and 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.) 29. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: Name: IV + I Address: ;3 70 ' 11 City, State, Zip Code , r E fv , c Telephone: ,t,-l - 2 A — E-mail Address: j/4, 1, e- 11'/t7 r_`2 Liip tth r_ . 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 Owner(s): Filed In Lc!N cr _. 1-39-11 ) — NOV 'J eQ1Z By: (Signed Name) Jltq:rte c11'YCLERK, :Lo '4N4,IN (Typed or printed name and capacity of signor if signed by an agent or representative of the owner) (Rev. 5/13/11) 5 Filed in Cler ' 4 101 L______ _ ,STATEMENT OF BENEFITS - FORM SB-1 /PP 1.64 PERSONAL PROPERTY NOV 0 Z01z %, State Form 51764(R/1-06) '' Prescribed by the Department of Local Government Finance _ y PRIVACY NOTICE _.. N i The cost and any specific individual's ,it+C�h,'a Eft C9e salary information is confidential;the CITY CLERK,Wild fl BEND,III balance of the filing is public record INSTRUCTIONS: per IC 6-1.1-12.1-5.1(c)and(d). 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making 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, 1987,require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2. Approval of the designating body(City Council, Town Board,County Council,etc.) must be obtained prior to installation of the new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment, BEFORE a deduction may be approved 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-1/PP annually to show compliance with the Statement of Benefits. (IC 6-1.1-12.1-5.6) 5. The schedules established under lC 6-1.1-12.1-4.5(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(1)and(g)) SECTION 1 TAXPAYER INFORMATION Name of taxpayer TK.1,4 N6L C /'I.4C-M/NE J.1A/c. Address of taxpayer(number and street,city,state,and ZIP code) 3"70 ,2 W . 5/-M PL t s T. S OrTE i la g- 560 Ill PEAJi ,Im 1/66 ! q Name of contact person 114 A �� Telephone number Ti. -a#6 -- DI6r SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number(s) iCiA1vG�L i Aift e-I-1!Nc T-Nc . . Location of property _ County DLGF taxing district number Description of manufacturing equipment and/or research and development equipment ESTIMATED and/or logistical distribution equipment and/or information technology equipment. (use additional sheets if necessary) START DATE COMPLETION DATE 0 )K U M P r - a Ax 15 C N C TL,R N I N C r Manufacturing Equipment 1 p .. is- _ ,? i^t „n - l� tI\1 E,R R&D Equipment d d, I Logist Dist Equipment IT Equipment SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number 2 Salaries r O O O 0 Number retained Salaries DD T Number additional • Salaries LJ 0 0 SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT MANUFACTURING R&D EQUIPMENT LOGIST DIST IT EQUIPMENT NOTE:Pursuant to IC 6-1.1-12.1-5.1 (d)(2)the EQUIPMENT EQUIPMENT COST of the property is confidential. COST ASSESSED COST ASSESSED COST ASSESSED COST ASSESSED VALUE VALUE VALUE Current values g7,a.Io 120 VALUE Plus estimated values of proposed project Less values of any property being replaced Net estimated values upon completion of project ; ._ s/ i DV SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) N v A Estimated hazardous waste converted(pounds) IN 4 Other benefits: SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Signature of authorized representative — Title Date signed(month,day,year) AILO I nr.: ./ 3e.c re_.;171 I ! , 11 FOR USE OF THE DESIGNATING BODY We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution,passed under IC 6-1.1-12.1-2.5,provides for the following limitations as authorized under IC 6-1.1-12.1-2. A.The designated area has been limited to a period of time not to exceed calendar years*(see below). The date this designation expires is • B.The type of deduction that is allowed in the designated area is limited to: 1. Installation of new manufacturing equipment; ❑Yes ❑N o 2. Installation of new research and development equipment; ❑Yes ON o 3. Installation of new logistical distribution equipment. ❑Yes ❑N o 4. Installation of new information technology equipment; ❑Yes JJ N o C. The amount of deduction applicable to new manufacturing equipment is limited to $ cost with an assessed value of D. The amount of deduction applicable to new research and development equipment is limited to $ cost with an assessed value of $ E.The amount of deduction applicable to new logistical distribution equipment is limited to$ cost with an assessed value 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 02 years ❑7 years 5 or 10 year schedule may be deducted. ❑3years 08 years El years ❑9 years El 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 *If the designating body limits the time period during which an area is an economic revitalization area,it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.1-12.1-4.5 Exhibit A Legal description of the property: • Parcel of land, North West of North East Section 1637 2E. Containing 5.4021 2E acear or less. E7dlt hi[ Triangle Machine, Inc. To : Luz; . `t ;hase Order 3702 W. Sample St. Suite 1125 ...__.�.__.. South Bend,IN 46619 I DATE I P.O. NO. Tel. (574)246-0165 Fax (574) 968-0207 :s ; �,.._...._(j 3212 VENDOR SHIP TO • Gosiger Indiana Triangle Machine,Inc. Richard Newbold 3702 W.Sample St. Suite:125 4627 Independence Square South Bend,IN 46619 Indianapolis,IN 46203 Tel.(574)246-0165 Fax(574)91A-0207 -0207 TERMS DUE DATE J SHP VIA FOB 11/21/2012 ITEM DESCRIPTION OW RATE ! AMOUNT Machine Your quote#RC111512-2 OKUMA Genos L250E-500 2 1 5217.251;.00 87,250.00 Axis CNC Turning Center with OSP200L Control • ) II1 i � • ITot` $87,250.00 �CL t l �!' I �.• - fir• NOV 3 0 2012 1 toe-vv/tikikt,4,o • LAW) lig 6 0 0 U) OMNO o_ 0) NCO O00 (o N- O N �O O 00 co Cl N CO N- CO tF CO N N O N 1' CO U) O) NCO N M CO } >, I� (.(ON 2 ONN O .- N- 0 I• CO O 0_ •- N Ti N o o Ti. O O co U)CO o co N. 0 CO N 0 y >4 U) co 0 O 4 C � N NONN- CLC) OO~) 000 1 co- CMCOO Z ~ CL Lt, a- 0CCOOCC N Z >- CO N CO csi 1.6 c;N `t cs) O r I� CO h W 00 t�I� CO EL 0 M 0 o M O CO M U) o V r CO 0 CO M N N co N CO V CC) o O O co O) a) O CO N- U) Nh CO CO 0) 0 ' CO LO CO N N O0) N- - U) COU) 0 N- MO N NNa- a- CO } N n 4 N W aOD 6).- a0 CCi• 00 Q 0. a- a str 000 0 o N 0000 0_ N- NU) r ' CC) N 3 N Co N- N- CO 0 O (1) ON CCOOCO N N c) MO 'nV u) Ps CO CO C'4- cZ � � N6�) (OO_ N- w >- >,N- CV a- N o)00 ai co (o'- CO E o5 I- N- 00 00 N-N- o N- d 4 U 0) V' Q V CD t x W C N � V I— 00 !00000 O � U) U) 0)) U) N.X ONO � M 0) > RS ..., �Y O N 0 6) 6) O C[) CO U) CO '- U) Z •p^ N O) tom• U) x vi •V a) CO } CO h CO r N- d F- ti .CO w C")Q a CO M �' N X O k m cu m0 c 00 0 o v v ovcr � � v �t �tvv CO .�°� 4 C � 0 o CO CO 0) 0 •- x 00000 a- as 'i to 0 0 (i) co � � co �, � � �� u) in O a U > r ti a0 N(fl in .=co W H (fl c0 m Co co co N :a its Q `- c _c O 'ac i c m a) ai U C 7 O a > U N a- N CO 4 co N co 'O U N O O O O co = 5 N 0) N } N N N N N (0 > .0 CO • o o >, >. >, >. >. ( - E N 2O - co M CO (6 (6 (6 N t0 0) (a d o o v 0. 0. 0. 0. 0. m -o y ZQ -0 O O1,- O (13 Y c) m M o m a E o X w z ICU W = N Ta o CO 2- a> v = w y a >, CD(0 C _o o -0 CO o m � v a Ec. m � � > � U • E N3 N � � > > ? y N (Ow x 4) a N U Y 9 N ci,oc > E' (`a m U d Z t� -03 0 CO N (n N N N X N N u) . 7 N y 0 0 E Q w C ., m i- 0 7 0 Y. QQ HZ d a) H - Z ap000 c E } LLI ,_ N , N co y U (p _ co 5 It) UCOJ < OJ U * >' /°') Ordinance No. Substitute Bill No. -12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i) (2) OF THE SOUTH BEND MUNICIPAL CODE OFFICIALLY CHANGING THE NAME OF THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE TO THE COMMUNITY INVESTMENT COMMITTEE STATEMENT OF PURPOSE AND INTENT On October 22, 2012, the South Bend Common Council passed Ordinance No. 10195-12 which officially changed the name of the City of South .Bend's Community and Economic Development Department to the "Community Investment Department". The following ordinance proposes to make a similar change to the name of Common Council's Community and Economic Development Committee to the "Community Investment Committee", which will continue to oversee the various activities and programs of this department. -O e, i/. Oic/liire///:7//e (&('iimi2/(.il <i,weI/i///e (y/ ufA ae:w//, '/ Section I. Chapter 2, Article 1, Section 2-10 (i) (2) of the South Bend Municipal Code is amended to read as follows: (2) Community Investment ..- : - -• D - . - :. Committee: Overseeing the various activities of the Community Investment Department • . - - -• ' - . - - - - and programs directed by this Department. the Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. 0_ /a f Member of the Common Cou cil 4 ■ Ordinance Changing Standing Committee Name Page_2 John Voorde, City Clerk • l P.eiitee/by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of , 2013, at o'clock .m. Janice Talboom, Deputy Clerk //iw'ec/ctir1/:�i9»«/b me on the day of �� ,� Y y , 2013, at o'clock .m. Pete Buttigieg Mayor of the City of South Bend, Indiana Filed Ftl: CC =lee Office READING ( 2 °a 2,01Z PUBLC HEA.'.NG ru KA D; G `.1_n t ROVED 7t44 l.,,S ¢ i t pry y�r ... . n:,ED^ PASSED �,,, 'sou TN s ., 141v *,�� !;�° City of South Bend .. �\ race' '' ""- x x Common Council 1865 441 County-CityBuilding • 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 Derek D. Dieter http://vvvvw.southbendin.gov President Oliver J. Davis Vice-President Karen L. White Chairperson, Committee November 27, 2012 of the Whole Members of the Common Council Tim Scott 4th Floor County-City Building First District South Bend, Indiana 46601 Henry Davis, Jr. Second District Re: Proposed Community Investment Committee Valerie Schey Dear Council Member: Third District The attached ordinance is filed as a "housekeeping measure" so that newly renamed Fred Ferlic Community Investment Department will be overseen by the proposed "Community Fourth District Investment Committee". You will recall that the City Administration recently filed David Varner an ordinance changing the department's name which was passed by the Council on Fifth District October 22, 2012. Oliver J. Davis As you are aware, the South Bend Common Council has eleven (11) standing Sixth District committees with each having specified areas of jurisdiction. The proposed ordinance would formally amend the South Bend Municipal Code so that the names are Derek D. Dieter consistent. At Large Gavin Ferlic I recommend that the proposed ordinance be sent to the Council Rules Committee At Large for review and recommendation and set for 2nd & 3rd readings and public hearing at the January 14, 2013 Common Council meeting. Thank you. Karen L. White At Large Sincerely, . Derek D. Dieter Council President Attachment F�� ��,:�. ,.�.�,_=.::..W., !�� M' cc: Office of the City i �) �' j y Clerk