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HomeMy WebLinkAbout11-25-13 Common Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, NOVEMBER 25 , 2013 7 : 00 P.M. 1. INVOCATION - REV. JANICE HALL 2 . PLEDGE TO THE FLAG 3 . ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5 . SPECIAL BUSINESS 13-74 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING CHARLES BUTLER FOR HIS ACTS OF HEROISM IN RESCUING A PERSON FROM THE ENEMY OF FIRE AND SMOKE 13-84 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING THE JUNIOR PEEWEE CHEERLEADING SQUAD FOR WINNING THE REGIONAL CHEER AND DANCE CHAMPIONSHIP AND ENCOURAGING THEM TO DO THEIR BEST AT THE NATIONAL CHEER AND DANCE CHAMPIONSHIPS AT THE ESPN WIDE WORLD OF SPORTS COMPLEX IN KISSIMMEE FLORIDA DECEMBER 7 - 14 , 2013 ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF KATHRYN ROOS 6 . REPORTS OF CITY OFFICES - MAYOR PETE BUTTIGIEG 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO . 64-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING VARIOUS SECTIONS OF CHAPTER 17, ARTICLE 2, OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST SEWER RATES AND CHARGES INCREMENTALLY THROUGH 2017 66-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 , ARTICLE 8, SECTION 2-121 (a) OF THE SOUTH BEND MUNICIPAL CODE TO REINSTATE ONE NON-DESIGNATED HOLIDAY 60-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL FOR THE CITY CF SOUTH BEND, INDIANA, APPROPRIATING $21, 000 . 00 FROM THE PALAIS ROYALE HISTORIC PRESERVATION FUND (FUND 450) FOR REPAIRS TO THE HISTORIC EXTERIOR/INTERIOR OF THE VENUE 8 . BILLS, THIRD READING TIME: BILL NO. 64-13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING VARIOUS SECTIONS OF CHAPTER 17, ARTICLE 2 , OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST SEWER RATES AND CHARGES INCREMENTALLY THROUGH 2017 66-13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 , ARTICLE 8 , SECTION 2-121 (a) OF THE SOUTH BEND MUNICIPAL CODE TO REINSTATE ONE NON-DESIGNATED HOLIDAY 60-13 THIRD READING ON A BILL OF THE COMMON COUNCIL FOR THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $21, 000 . 00 FROM THE PALAIS ROYALE HISTORIC PRESERVATION FUND (FUND 450) FOR REPAIRS TO THE HISTORIC EXTERIOR/INTERIOR OF THE VENUE 9 . RESOLUTIONS BILL NO. 13-75 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1028 NOTRE DAME AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MARIA JOSE FERNANDEZ MORENO & FRANCISCO DE ASIS MARTINEZ JEREZ 13-76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1106 GEORGIANA STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KEVIN AND KELLEY DEETH 13-77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 237 NORTH MICHIGAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR GREAT LAKES CAPITAL DEVELOPMENT 13-78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 215 NORTH SYCAMORE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE- YEAR REAL PROPERTY TAX ABATEMENT FOR EAST BANK SOUTH BEND DEVELOPMENT LLC 13-79 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 1106 20" STREET, 1112 20TH STREET AND 2007 NORTHSIDE BLVD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (9) NINE-YEAR REAL PROPERTY TAX ABATEMENT FOR MECCA COMPANIES, INC. 13-80 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 212-220 WEST EWING AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (7) SEVEN-YEAR REAL PROPERTY TAX ABATEMENT FOR DEMBY ENTERPRISES, LLC 13-83 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO APPOINT THE BOARD OF PUBLIC WORKS AND THE DEPARTMENT OF PUBLIC WORKS AS ITS AGENTS FOR OVERSEEING THE GUARANTEED ENERGY SAVINGS CONTRACT FOR THE CENTURY CENTER 10 . BILLS, FIRST READING BILL NO. 67-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE FINAL INTERFUND LOAN AMORTIZATION SCHEDULES FOR MAJOR MOVES FUND 412 ADVANCES TO THE NORTHEAST RESIDENTIAL TIF FUND 436 IN CONNECTION WITH THE EDDY STREET COMMONS AND TRIANGLE DEVELOPMENT PROJECTS 68-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING HAZARDOUS MATERIALS AND TACTICAL RESCUE TEAM 69-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 4 , ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE REQUIRING ELECTRONIC REPORTING OF TRANSACTIONS BY PRECIOUS METALS DEALERS REGULATED IN SECTION 4-44 , BY SCRAP METAL DEALERS, JUNK DEALERS, VALUABLE METAL DEALERS AND RECYCLING OPERATIONS REGULATED BY SECTION 4-51 AND BY SECONDHAND STORES REGULATED IN SECTION 4- 53 70-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 , ARTICLE 8 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2-116 . 1 CITY RESIDENCY REQUIREMENTS 71-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2013 OF $90, 000 FROM PARKS & RECREATION FUND (4201) , $16 FROM DEPARTMENT OF COMMUNITY INVESTMENT GRANT FUND (4213) , $675, 000 FROM LIABILITY INSURANCE & PREMIUM RESERVE FUND (#226) , $750, 000 FROM LOSS RECOVERY FUND (4227) , $37 , 378 FROM HUMAN RIGHTS GRANT FUND (#258) , $30 FROM ECONOMIC DEVELOPMENT REVENUE BOND FUND (#281) $450 , 000 FROM EMS CAPITAL IMPROVEMENT FUND (4288) , $475 , 000 FROM COUNTY OPTION INCOME TAX FUND ($404 ) , $700, 000 FROM SELF-FUNDED EMPLOYEE BENEFIT FUND (#711) 72-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2013 OF $294 , 344 FROM SOLID WASTE FUND (#610) , $84, 000 FROM SOLID WASTE DEPRECIATION FUND (4611) , $418, 872 FROM SEWAGE WORKS GENERAL OPERATIONS FUND (#641) , $418 , 872 FROM SEWAGE WORKS CAPITAL FUND (#642) , $13 FORM 2006 SEWER BOND FUND (4645) , $63 FROM 2007 SEWER BOND FUND (#647) , $699 FROM CLAY SEWAGE WORKS OPERATIONS FUND (#650) , $113 FROM 2007B SEWER BOND FUND (#651) , $331 FROM 2010 SEWER BOND FUND (4658) , $2 , 100 , 000 FROM 2013 SEWER BOND FUND (#663 ) AND $215 FROM 2013 SEWER REFUNDING BOND FUND #664 73-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2013 74-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE 2013 SALARY ORDINANCE NO. 10199-12 FOR APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA TO ADDRESS CERTAIN ZOO EMPLOYEE COMPENSATION 75-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING 2014 SALARY ORDINANCE #10266-13 FOR APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND 76-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE LEGAL DESCRIPTION AND MAP WITHIN ORDINANCE NO. 10165-12 TO EXPAND THE BOUNDARIES OF THE EXISTING RIVERFRONT DEVELOPMENT PROJECT AREA UNDER IND. CODE 7 . 1-3-20-16 77-13 FIRST READING ON A BILL ESTABLISHING RESPONSIBLE BIDDER REQUIREMENTS OF PUBLIC WORKS PROJECTS 11 . UNFINISHED BUSINESS A. REPORTS FROM AREA BOARD OF ZONING APPEALS 1 . BILL NO . 13-81 - SPECIAL EXCEPTION - 5117 S . IRONWOOD DR. 2 . BILL NO . 13-82 - SPECIAL EXCEPTION - 1029 WEBSTER STREET B. REPORTS FROM AREA PLAN COMMISSION 1 . BILL NO. 61-13 - REZONING - 736 CALIFORNIA AND 906, 908 , 910 PORTAGE AVE. 2 . BILL NO . 62-13 - REZONING - 605 , 613 , 617, 621 NOTRE DAME AVE AND 823 SORIN ST. 12 . NEW BUSINESS 13 . PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME : NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. ORDINANCE NO. AN ORDINANCE OF TIIE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING VARIOUS SECTIONS OF CHAPTER 17, ARTICLE 2, OF TIIE SOUTII BEND MUNICIPAL CODE TO ADJUST SEWER RATES AND CHARGES INCREMENTALLY TIIROUGH 2017 STATEMENT OF PURPOSE AND INTENT On June 28, 2010 South Bend enacted a sewer rate adjustment through Ordinance #10019-10 which set rates for the years 2010 through 2013. At this time the 2013 rates in Ordinance #10019-10 apply to South Bend's sewer utility customers. South Bend received a National Pollution Discharge Elimination Permit (NPDES) in conjunction with a Long Term Control Plan (LTCP) required by the federal Environmental Protection Agency (EPA) and the Indiana Department of Environmental Management (IDEM) to greatly reduce combined sewage overflow (CSO) events in the St. Joseph River in compliance with the Clean Water Act. The LTCP resulted from a negotiated consent decree to resolve a complaint by EPA and IDEM alleging that South Bend had violated sections of the federal Clean Water Act. South Bend's cost of complying with the LTCP and its NPDES Permit in protecting the St. Joseph River is substantial, and South Bend has prudently planned for this remediation through a 20 year environmental infrastructure improvement and replacement process. The cost of river protection through improvements to the sewage utility's infrastructure is financed through sewer rates, and South Bend's current rates are inadequate to cover total EPA mandated changes to the City's sewage treatment system, as recognized in Ordinance #10019-10. Additionally, South Bend's basic costs of operation and maintenance of its sewer utility have increased despite innovative cost savings programs initiated by the City's Environmental Services Department. The sewer rates which have been in effect for the past four years were implemented on an incremental basis to correspond with projected near future increased costs of Clean Water Act remediation, and the expected increased costs of general operation and maintenance over a four year period. The additional income to the utility will pay for improvements to separate sewers, to reduce sewage overflows to basements, and to increase capacity of the Wastewater Treatment Plant. This incremental approach to maintaining a fiscally sound sewer utility capable of complying with South Bend's federal NPDES Permit should be continued for the next four years to avert potential double digit rate hikes in the near future. The rates set forth in this ordinance remain highly competitive with those of similarly situated Indiana cities. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. Chapter 17, Article 2, Division 4, Section 17-20 of the South Bend Municipal Code be and hereby is amended to read as follows: Section 17-20. Rates established. Every person whose premises are served by said sewage works shall be charged for the service provided. These charges are established in order that the sewage works shall recover revenue which is proportional to its use of the treatment works in terms of volume and load. User charges are levied to defray the cost of operation and maintenance (including replacement) of the treatment works. User charges are subject to the rules and regulations adopted by the U.S. Environmental Protection Agency published in the Federal Register February 17, 1984 (40 C.F.R. 35.2140). Replacement costs, which are recovered through the system of user charges, shall be based upon the expected useful life of the sewage works equipment. Section II Chapter 17, Article 2, Division 4, Section 17-21 of the South Bend Municipal Code be and hereby is amended to read as follows: Section 17-21. Sewage rates determination. (a) Generally. For the use of the service rendered by sewage works, rates and charges shall be collected from the owners of each and every lot, parcel or real estate or building that is connected with the City sanitary system or otherwise discharges sanitary sewage, industrial wastes, water or other liquids, either directly or indirectly, into the sanitary sewage system of the City of South Bend. Such rates and charges include user charges, debt service costs, excessive strength surcharges and other service charges, which rates and charges shall be payable as hereinafter provided. (b) Schedule of Rates and Charges (1) The sewage rates and charges shall be based on the quantity of water used on or in the property or premises subject to such rates and charges as the same is measured by the water meter there in use, plus a base charge based on the size of water meter installed, except as herein otherwise provided. For the purpose of billing and collecting the charges for sewage service, the water meters shall be read monthly and the users shall be billed each month (or period equaling a month). The water usage schedule on which the amount of said rates and charges shall be determined is as follows: Schedule of Rates and Charges 204,0* 2814 29+2 2813 2014 205 2016 2017 Metered Rates (per 100 cubic feet) &]-." $295 $233 $1.43 $2.65 2.89 3.15 53.43 Base Monthly Charge 5/8 inch meter -19.94 $24-73 23{ - 28,14 30.68 33.44 36.45 3/4 inch meter 12F,-R7 $2 $34.80 37.93 41.35 $45.07 49.12 1 inch meter S51149 5{}4 $64.84 i0.68 77.04 83.97 1 1/2inch meter 183:09 }22;4g iaim 1145.52 $158.61 $172.8 9 188.45 2 inch meter -F9-1-6 248.1 $270.49 $294.84 $321.3 7 3 inch meter 441-} 434 4;6. 5-}9 566.4 $617.4 7 673.04 73161 4 inch meter $923 $1,006.4 7 $1'097.0 1 195.7 $1,303.41 6 inch meter -1-3963 -X48:(); 996 65 $2253.41 $2,456,22 $2,677.28 $2,918.23 8 inch meter 2-844; 3-189-42 3;79.06 3.6g3H1 $4,015.13 $4,376.5 0 4 770.38 $5,199.72 10 inch meter $44,4_. 836 36 $6,263.23 $6,826.92 $7,441.34 $8,111.0 6 12 inch meter 6-393.$4 �6�6gA� ��o �� �_ �_ �_ $ 8 -3933 �= 9 024.30 9 83 48 10 721.77 1 1 6 6.72 .- *Rate^^�r� . ieet e ,., i , i 22010 Pta; Mh OF a o 010 Rates -, 4)13 ,,for full efilend�years7 Unmctered Monthly Rate 2918* 281+ 2412 2913 2014 2015 2016 2017 Per Single Family Residential Dwelling Unit "104 $36111 539-23 $42:78 46.63 50.83 55.40 60.39 (2) For the service rendered to the City of South Bend said City shall be subject to the same rates and charges established in harmony therewith. (3) In order to recover the cost of monitoring industrial wastes, the City shall charge the user not less than $100.00 per sampling event plus the actual cost for collecting and analyzing the sample(s) as determined by the City or by an independent laboratory. This charge will be reviewed on the same basis as all other rates and charges in this ordinance. (c) Former Wholesale Users. (1) Billing for sewage services to previously designated Class II wholesale users shall be in accordance with the executed intermunicipal contract for wastewater treatment services, but such contracts shall not be extended after their expiration dates due to elimination of the wholesale class of users. This shall not affect authority to enter special rate contracts as provided in Section 17-29 of this Chapter. Section III. Chapter 17, Article 2, Division 4, Section 17-23 of the South Bend Municipal Code be and hereby is amended to read as follows: Section 17-23. Heavy demand surcharge. (a) In order that the rates and charges may be justly and equitably adjusted to the service rendered to users, the City shall base its charges not only on the volume, but also on strength and character of the stronger-than-normal domestic sewage and wastes which it is required to treat and dispose of. The City shall require the user to determine the strength and content of all sewage and wastes discharged, either directly or indirectly into the sanitary sewage system, in such manner, by such method and at such times as the City may deem practicable in light of the conditions and attending circumstances of the case, in order to determine the proper charge. The user shall furnish a central sampling point available to the City at all times. (b) Normal sewage domestic waste strength should not exceed ammonia-nitrogen in excess of twenty-five (25) milligrams per liter of fluid, suspended solids in excess of two hundred fifty (250) milligrams per liter of fluid, biochemical oxygen demand in excess of two hundred fifty (250) milligrams per liter of fluid, or phosphorus in excess of ten (10) milligrams per liter of fluid. Additional charges for treating stronger-than-normal domestic waste shall be made on the following basis: Excess Strength or Waste Surcharges 2910* 204 242 2413 2014 2015 2016 2017 -Suspended Solids(Per Pound) SO 146 $0..1-39 $9-}73 $0 184 1206 0.225 0.245 0.267 (Concentration Limit 250 mg/1) -Biochemical Oxygen Demand(Per Pound) 00193 $0.210 to;i2q $g�o___oocn 0.273 0.297 0.324 0.353 (Concentration Limit 25C mg/1) -Ammonia Nitrogen (Per Pound) $1,009 81 -140 $1 1.9 S1 0; JLAL5 $1.553 LLM $1,845 (Concentration Limit 25 mg/I) -Phosphorous(Per Pound) $11 749 $1:874 0 041 $2 n ILL27 $2.64 6 2.884 3.144 (Concentration Limit 10 mg/I) (Or-.r._k. �=^a=: (c) The determination of suspended solids, biochemical oxygen demand, ammonia-nitrogen, phosphorus, ammonia and COD contained in the waste shall be in accordance with the latest copy of "Standard Methods for the Examination of Water and Wastewater," as written by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation, and in accordance with "Guidelines Establishing Test Procedures for Analysis of Pollutants," 40 C.F.R. Part 136. (d) If the City and the user can agree upon the relationship between BOD and COD, then COD may be used for calculating the BOD surcharge. Section IV. Chapter 17, Article 2, Division 4, Section 17-25 of the South Bend Municipal Code be and hereby is amended to read as follows: Section 17-25 Review of rate schedule. The sewage rates and charges set forth in the preceding section 17-21 shall be revised and adjusted for calendar year 2944 2018 to assure adequacy in the cost of maintaining the City sewer works in sound physical and financial condition necessary to render adequate and effective service. However, until such adjustment, the sewage rates and charges in the preceding Section 17-21 shall remain in full force and effect. Discussions between the City Administration and the Common Council concerning sewer rates for 2044 2018 and thereafter shall commence by June 204-3 2017. The Mayor and Common Council retain ultimate authority and responsibility for the operations and finances of the Municipal Utilities. Section V. This Ordinance shall be in full force and effect on January 1, 2014 after adoption by the Common Council and approval by the Mayor. V)L_ Member, South Bend Common ouncil 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 I crrrc�r:-• NOT APPROVED ""D F ,:,,EJ 50,U Tit 64 G 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS October 9, 2013 Mr. Derek Dieter President, Common Council 4`h Floor, Clerk's Office County City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 Dear President Dieter; Attached is an ordinance amending sections of the South Bend Municipal Code to adjust sewer rates and charges incrementally through 2017. The rates set forth in the attached Ordinance are set based on requirements of the City's approved Long Term Control Plan (LTCP) for Combined Sewer Overflows and the negotiated Consent Decree between the City of South Bend, the United States Environmental Protection Agency (USEPA), and the Indiana Department of Environmental Management (IDEM). This Consent Decree was entered into after the USEPA and the IDEM filed a concurrent complaint alleging that the City of South Bend violated sections of the Clean Water Act, the Indiana Code, and South Bend's National Pollutant Discharge Elimination System (NPDES) permit by discharging combined sewer overflows into waters of the United States and waters of Indiana, and that those discharges have violated and continue to violate South Bend's NPDES permit. The proposed rates will support the first phases of the City's LTCP and will fund necessary improvements to separate sewers, reduce sewage overflows to basements, and increase capacity at the Wastewater Treatment Plant. The City has engaged a financial consultant, Crowe Horwath. to prepare a Preliminary Rate and Financing Report. Please contact me with any questions that you have on the changes to the sewer rate ordinance, or the LTCP. Sincerely, (YJ -J LilS G f Eric C. orvath, PE Public Works Director x ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, SECTION 2-121(a) OF THE SOUTH BEND MUNICIPAL CODE TO REINSTATE ONE NON-DESIGNATED HOLIDAY STATEMENT OF PURPOSE AND INTENT The Common Council last amended Chapter 2, Article 8, Section 2-121(a) on December 10, 2012 when it recognized Martin Luther King's birthday as a designated City officer/employee holiday recognizing his significant contribution to the character of our community, thereby increasing the total number of designated City holidays from nine to ten, and eliminating the one non-designated holidav, of which Martin Luther King's Day had been one among several which City employees could select. (Ordinance No. 10211-12) At this time, in the interest of morale of City officers and employees and to better accommodate persons of all religions, the floating holiday will be reinstated by eliminating Good Friday as a designated holiday, and by permitting City employees to select any day of their choice as a "non-designated holiday", including Good Friday or any other day an individual officer or employee should choose. NOW, THEREFORE BE IT ORDAINED AND DECREED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION 1. Commencing in calendar year 2014 Good Friday shall no longer be eligible for designated holiday status by the Board of Public Works when approving designated holidays 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. 2-12). Holidays. (a) Officers and employees shall receive nine 9 ten (I ) designated holidays as approved by the Board of Public Works- and one (1) additional non-designated holiday which can be any day of the calendar year selected by each officer or employee . SECTION 111. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Coq cil Attest: Sign'n Gil,; l !, is only to p D,;jjO an fir haariig and City Clerk couml action 0:1 this Issue. Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2013, 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 1.rn . _r PU7!:._ ,.j 013 con°cLt: :;, 4 ~rNta�;,ab f SpUTYI BF 04 120ON Counn-QTY ButmrNG F' �\ I j Ct PuoNF 574/235-9216 227 W.JEFFFFSON BLVD. Fax 574/235-9928 SOUTH BEND,INDIANA 46601-1830 lee, 1865 CITY OF SOLTH BEND PETE BLT TIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 6, 2013 Mr. Derek Dieter President, South Bend Common Council 4°i Floor, County-City Building South Bend, IN 46601 Re: Ordinance Amending the South Bend Municipal Code—Holidays Dear President Dieter: Attached for filing with the South Bend Common Council, and in the interest of employee morale, is a Bill/ Ordinance amending Chapter 2, Article 8, Section 2-121(a) of the South Bend Municipal Code pertaining to holidays for officers and employees of the City of South Bend. As you know, on December 10, 2012, the South Bend Common Council passed Ordinance No. 10211-12 which recognized ReN. Martin Luther King's birthday as a designated holiday for City officers and employees. This increased the number of designated holidays from nine to ten, and eliminated one non-designated holiday. Chapter 2, Article 8, Section 2-121(a) of the South Bend Municipal Code was amended accordingly. At this time, tc increase morale and better accommodate persons of all religions, Good Friday will be eliminated as a designated holiday to be replaced by one non-designated holiday which can be any day selected by each City officer or employee. This necessitates another amendment to the Municipal Code, Chapter 2, Article 8, Section 2-121(a) which will now provide for nine designated holidays and one non-designated holiday of each officer or employee's choice. I will present this Bill to the Common Council at its appropriate committee meeting and at the public hearing during the Common Council's regular meeting. Thank you for your consideration of this matter. Sincerely, ct" cler k's ICS Mark W. Neal i City Controller I ` p 3 i q Ct7'YCLEAK,SOUTH SEND,IN I ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $21,000.00 FROM THE PALAIS ROYALE HISTORIC PRESERVATION FUND (FUND 450) FOR REPAIRS TO THE HISTORIC EXTERIOR(INTERIOR OF THE VENUE. STATEMENT OF PURPOSE AND INTENT The Palais Royale Historic Preservation Fund (Fund 450) was established for continuing historic preservation, maintenance, and repair of the Palais Royale, a historic landmark in downtown South Bend listed since 1984 on the National Register of Historic Places, and contiguous to the Morris Performing Arts Center. Pursuant to Ordinance No. 9706-06, the Palais Royale Historic Preservation Fund shall be used for the sole purpose of assisting with the continued historic preservation, maintenance, and repair of the Palais Royale building and related facilities, and hereby requests those funds to be released to make said repairs to the stone mortar, reseal areas around the exiting windows on the exterior of the building, and repair related damage to the interior wall of the multipurpose room located on the 3`d Floor of the Palais Royale. The amount of$21,000.00 is requested for appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section 1. The following sum of money is hereby appropriated and ordered set apart from and within the Palais Royale Historic Preservation Fund for restoration of the historic stone on the exterior of the Palais Royale, specifically around the existing windows, and to repair related interior wall damage caused by water seepage. Account Number Description Amount 450 Palais Royale Historic Preservation Fund $21,000.00 Section 11. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common C cil Attest: City Clerk l.vUl i:cG = ',. . . .• , 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_, iced in Clerk's 2�fite• !'C `;.•'-;.G Mayor, City of South Bend, Indiana I L-----[ �T dOk1 'rVf,e;GC, I -EFRED CLCRK, SL t7El'�'D, ltd '\.SSED ` ze PERFORMING ARTS CENTER *SOUTH BEND,IN October 4, 2013 Derek Dieter President, South Bend Common Council County-City Building South Bend, IN 46601 Re: Palais Royale Historic Preservation Fund Appropriation Dear Mr. Dieter: I attach for filing with the South Bend Common Council an Ordinance requesting an appropriation of $21,000.00 within the Palais Royale Historic Preservation Fund (Fund 450). Revenues for this Fund are generated from a 2% surcharge assessed on all services provided in connection with the use and rental of Palais Royale facilities. Pursuant to Ordinance No. 9706-06 the Palais Royale Historic Preservation Fund shall be used for the sole purpose of assisting with the continued historic preservation, maintenance, and repair of the Palais Royale building and related facilities. The purpose for which the Morris Center desires appropriations consists of the following: $21,000 Repairs to the historic stone work on the exterior of the Palais Royale building, and to reseal areas around existing windows, and to repair interior wall damage that was caused by water seeping into the building from around exterior historic stone work. The Morris Center Administration requests the Council's approval of this Ordinance that will benefit the City and its citizens by maintaining and protecting their vested interest in the historic building structure known as the Palais Royale. Sincerely, D - Executive Director I �I:T X013 Attachment JGr ; CITY CLERK, :A�ti: eLtN , ita Morris Performing Arts Center 211 N. Michigan Street • South Bend, IN 46601 Office: (574) 235-9198 • Fax: (574) 235-5604 • www.MorrisCenter.org =:�', � � RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1028 Notre Dame Avenue AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Maria Jose Fernandez Moreno & Francisco de Asis Martinez Jerez WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and 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 1028 Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: That part of the Northwest Quarter Section 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana. which is described as Lot "B" as shown on the Plat of Boyd-Snee's Subdivision, First Replat recorded June 13, 2012 in the Office of the St. Joseph County, Indiana Recorder as Instrument No. 1217686. Containing 0.19 acres more or less. Subject to all legal right-of—ways, easements, and restrictions of record. and this property has Tax Key Number 018-5105-370203, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et se q., and South Bend Municipal Code Sections 2-76 et sea., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South 1 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 meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION I1. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. 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. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet 2 local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. 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 as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17. SECTION VIII. 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 IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. 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 Counc' std-in cowx1�i� '.il N- J 01 13 •u eEN ItD 3 J0 NOT APPROVED City C_f.i AOOPTEQ-' SpLTH B 227 W.JEPFFRSON BO::rEVARD OF V't' �� '��F�O PHONE:574123)-9371 StiirF 1400S FAX:574/235-9021 Sou-m BFND,IN 46601-1830 ;V�� r�ct �tI /865 CITY OF SOCTFH BEND PETE BUTTIGIEC, MAYOR COMMUNITY INVESTMENT SCOTT FORD, FYECUTNE DIRECTOR November 13. 2013 Council Member Gavin Ferlic, Chairperson Communitv Investment Committee SOUIh Bcnd Common Council 4th Floor, County City Building South Bend, IN 46601 RI: Residential Real Property Tax Abatement Petition for: Maria Jose Fernandez & Trancisco do Asis Martinez Jerez Dear Council Member Fcrlic: Please find attached the Department of Community Investment's report on a residential real property tax abatement petition submitted by 'Maria .lose Fernandez Moreno and Francisco de Asis Martinez Jere/. to build a singlc-family home at 1028 Notre Dame Avenue. Also attached is a copy of the petition, Statement of Benefits form. and supporting information. the report contains the departments findings relative to the above petition. The petitioner proposes to build a singlc-family home at a cost of approximately $550.000. The project meets the qualifications lot- a (5) live-year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, November 25. 2013. Shrntld you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-9339. Sin/ccrc�ly. Brock _.ceb Director. Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott ford C ! ris Fielding ASSIS"IANI ExrcurIVEDIRFCI'OR PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMICRFSOtrRCES C HRIC FIF!DM(. JIIINKAIN PAMELA C.MFYER BROCKZIHi 45OL TH gE� 227 W.JEFFERSON BOUIrw RD "I'i'I w O PHONE:574/235-9371 4 SUITF 1400 S. i 2 FAX:574/235-9021 SOUTH BEND,IN4660t-1830 �1\u ��« �� °—, 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN S(!BJFC1: RFS)DI:NI'IAL REAL PROPERTY TAX ABATEMENT PFT1T]ON FOR: Maria Jose Fernandez Moreno and Francisco de Asis Martinez .Jerez DATE: November 13, 2013 On November 13, 2013, a petition for residential tax abatement consideration for real properly located at 1028 Notre Dame Avenue was filed with the City Clerk by Maria Jose Fernandez Moreno and Francisco de Asis Martinez.lerez . Pursuant to Chapter 2, Article 6, Section 2-77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Disucssed Area pursuant to LC.6-1 .1-12.1 and whether all zoning requirements have been met. the Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION I lie petitioners intend to construct an approximate 3.800 square foot, single-family home. This will be a Prairie Stvlc house with four bedrooms, an office, a family and dining room, and a two car garage; it will probabl-\ hax c a Finished basement. The cost of the home is expected to be 5550-000. Total taxes to be abated during the (5) live-year abatement period are estimated to be S].893. Total taxes to be paid during the (5) live-year abatement period are estimated to be 534,827. ASSIST ANT Exfctn ivE DIRFCFOR PIANNING NFIGHBORHOOD ENGAGEMF.NI ECONOMICRFSOURCEs CIIRISHI Di.NC jITINKAIN `2/.MP.L1 C..V1 YP R BROCKZEEB South Bend Common Council RE: Maria .lose Fernandez Moreno & Francisco de Asis Martinez Jerez November 13. 2013 Page 2 ABATEMENT QUALIFICATION I. A review of the tax abatements previously granted finds that the petitioner has not been associated with or been granted any previous tax abatements. 2. l lie Building Commissioner has reviewed this petition and finds the property to be properly zoned for the proposed project. 3. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a (5) five-year residential tax abatement under Section 2-77.1, Single Family Residential Construction. 5 YEAR 13-Nov-13 Martinez Jerez South Bend Portage Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: $55000000 Total Taxes Tax Abated" Tax Paid— Assessed Value: Structure(%AV of cost) 100.0% 550,000.00 550,000.00 550,000.00 Land Value 15,000 15,000.00 N/A N/A Gross Assessed Value 565,000.00 550,000.00 550.000.00 Less Mortgage Exemption (3,000.00) (3,000.00) (3,000.00) Less Homestead Deduction (45,000.00) (45,000.00) (45,000.00) Less Supplemental Homestead Deduction (182,000.00) (182,000.00) (182,000.00) Base Assessed Value 335,000.00 320,000.00 320,000.00 Less Maximum Abatement Deduction N/A N/A (74,880.00) Less Non-Abated Amount N/A (245,120.00) N/A Plus Land Assessed Value N/A N/A 15,000.00 Net Assessed Value 335.1 74,880.00 260.120.00 Property Taxes: Assume constant tax rate of 5.0228% 50228% 50228% Gross Tax(tax rate x net assessed value) 16,826.30 3,761.05 13,065.24 Less County COIT Homestead Credit: 7.3430% (1,235.55) (276.17) (959.38) Tax Due Before Circuit Breaker 15,590.74 3.484.88 12,105.86 Less Circuit Breaker Credit (8,246.65) (3,106.21) (5.140.44) Net Tax 7,344.10 378.67 6,965.43 Circuit Breaker Cap Circuit Breaker 1.0000% 5,650.00 5,500.00 5,650.00 Debt Se,vice 0.5057% 1,694.10 378.67 1,315.43 Circuit Braker Cap 7,344.10 5878.67 6,965.43 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 335,000.00 7.344.10 378.67 6.965.43 2 335,000.00 7.344.10 378.67 6,96543 3 335.000.00 7,344.10 378.67 6.965.43 4 335.000.00 7.34410 378.67 6,96543 5 335,000.00 7,344.10 378.67 6.965.43 5 year totals. 36,720.48 1,893.34 34,827.13 'This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. "Tax Abated is capped at$74,880 of assessed value of structures only and does not include land assessed value. —Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of$74,880 and adding back the land assessed value. CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to Jam;, 6.1.1.12.1.1,et sea., and South Bend Municipal Code Sec. 2.76 et sea_for this petition stare the following: L Describe the proposed construction project, including information about square footage, number of rooms, number of stories, other amenities such as finished basements and garages, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheer for long pro'ect descriptions): We plan to_tuild our family house in Notre Dame Avenue. our plan is to build__a_pSairle_a.tyle_imme—thdt will mainta 'n--,1e-_fpPii-ag nf_r�it Y B€-�hC�'I9'�Pe--DaiRE'-Air—'R23E)hbpt'11199d-iV}t2�$-$d�iiS�-$e3t11Et�a}}�p-�; Gu­r a tour"be-Wroom, cow o-car g--------3;g�square ----------------- ---- ------------------------------arage, feet house and possibly a finished basement in our 66 ' by 102 ' —lot—.- 2. Estimate the dollar value of the construction project(do not include land cost): 3. The real property for which tax abatement consideration is petitioned(Property)is owned or to be owned by the following individual(s)or corporetion(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 Ad_ dry Interez t Maria_Jose_Fernandez_Moreno; 80541 Ashford Lane,_Granger,IN_4653_0_co-owner Francisco-de_Asis_Martinez_Iere zr-address same as� abouerrn-awner- 4. The commonly known address of the Property is: 1028 Notre Dame Avenue and having tax key no.:_O1$5_J 053 70_2_Q3 (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s)is attached hereto, marked Exhibit A,and is incorporated herein. 6. A map and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. 7. Photographs of the Properry(s), taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. 8. The current assessed valuation of the property before construction is $ n1a (use addirional sheet for Co multiple addresses). (Information may be obtained from the Sr.Joseph unty Assessor's Office, 235.9523). 9. List the real property taxes paid it the location during the previous two years,whether paid by the current owner Or a previous owner(use additional sheet for multiple addresses): No taxes collected_ in this property because it is a brand new property and .12� 52 _it was a pot fQr--P��.k _Qr�C (This information may be obtained from the St.Joseph County Treasurers office, 235.9531) 10. What is your best estimate of the after completion market value of the property: (Rev.5/13/11) 1 11, 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 building permit may 6e issued der. the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 11 List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: n/a 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth,deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: The_nei$hbnShood_StLlrthiCh�biS_ rr.00arrX-rfles_deYez+oratnd_had13 thrQU$bDl _the. 1970's, einlg i_and ]244' reeLt-cL(i trg_DCgillyygp�Q Nous�rl9�IVSLart1�_Lpdg�. wh; _tbj'S_l.?_S.idence is beiny_built1 wrs create��pgcificall�by_the University of_Notre Demme in_coopera-t. with development_SOUth Bend to_rhood, this trend b�encouraging_newi__high_quality residential development in the neighborhood, which supports housing values and real estate taxes. 14. The current use of the property is vacant lot and the current zoning is-ST2_—(use). (This information may be obtained from the Building Department 235.9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission(requirin ap roval of the tax abatement by the Redevelopment Commission): Northeast Neighborhood Development'At a 16. The following person should he contacted as the petitioner's agent regarding additional information and public bearing notifications: Name Francisco-lie--Asis_Martine-z -jerez------_— Address 50841 Ashford_Lane ----- — --------------------------------- City, Sate,Zip Grangers --------- Telephone 574 631 5195 --- -------------- -- ---- ------------- --------------- -- FinrailAddress asi smart inez @nd.edu___—___—_ — —_---- WHEREFORE,Petitioner has paid the required fee cf$50.00 and requests that the Common Council of the City of South Bend, Indiana,adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. Name of Property Owner(s): Maria Jose Fernandez Moreno -FSanc.i.sco-de--Asir-Marti rez (Signature) (Typed or printed name V.-II-51. "' "' 1°(le6d tGG j" I (Rev. 5/13/11) , 2 CITY CLERK,SUU i N BEND,IN STATEMENT OF BENEFITS 20 PAr2o_ REAL ESTATE IMPROVEMENTS — ` , State Farts 51787(R2/1-07) FORM SB-1/Rql Property Prescribed by the Department of Local Government Finance This statement is being completed for real property that quelKes under the following Indiana Code(check one box): 2 Redevelopment w rehabilitation of real estate improvements(IC 61.1-12.1A) ❑ Eligible vacant building(IC 6-1.112.14.8) INSTRUCTIONS' 1. This statement must be submitted to the body designating the Economic Revfbsllzetfon Area prior to the public hearing E the designating body mollies in board pn from the applicant in making its decision about whether to designate an Economic Revitalization Ama. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment orrehabilitation ofreal property for which the person wishes to claim a deduction. 'Pro/acts'planned or committed to after July 1, 1987,and areas designated after July 1, 1987,require a STATEMENT OF BENEFITS. (IC 61.1-12.1) 2. Approval of the designating body(City,Council, Town Board,County Council,etc.)must be obtained prior to Initiation of the redevelopment or rehabifdalion, BEFORE a deduction may be approved. 3. To obtain a deduction,application Form 322 ERA/RE or Form 322 FRANBD, 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 Properly annually to the application to show compliance with the Statement ofBenefts. flC 6-1.1-12.1-5 f(b)and fC 6-1.1-12.1-5.36)) 5. The schedules established under IC 61.1-12.1-4(d)for rehabilitated property and under IC 6-1.1-121-4.8(1)for vacant buildings apply to any statement of benefits approved on or after July 1,2000. The schedules effective prior to July',2000,shall continue to apply to a statement of benerds riled before July 1,2000. • ki Name of taxpayer Maria Jose Fernandez Moreno and Francisco de Asis Martinez Jerez Address of taxpayer(number and sheet,city,stab,and Z1Pcode) 80541 Ashford Lane, Granger, IN 46530 Name of canted person Teleplw•le number E-mail address Francisco de Asis Martinez Jerez (574)631 95 asismartinez @nd.etlu Name of designating body common Council Resolution number Location of property County DLGF taxing district number 1028 Notre Dame Avenue,South Bend, IN St.Joseph Description of real properly improvements,redevsopmem,or iehabllitation(use additional sheets If necessary) Estimated std date(month,day,year) Prairie style house with four bedrooms,office,family and dining room,two-car garage 11/15/2013 around 3,800 sgft. and probably finished basement. Esumaled comilletio,date(mome,dey can .,,t. • , - 06/30/2014 Y Curren number Salaries Number retained Salaries .. Number add,bonal Salaries k NOTE:Pursuant to IC 6-1.1-12.1-5.1 (d)(2)the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST Current values - 75.000.00 ASSESSED VALUE _ Plus estimated values of proposed project _ 550.000.00 Less values of any property being replaced Net estimated values upon completion of project 625,000.00 Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) Other DenePls - - pp ,��,// In "^ (f a•9 "' 2 2 z013 CITY CLEktt, .;�;,I's2Np,IN I hereby certify that the representations in this statement ar rue. Signature ofauthoraed ntabve Tae Date elgrtad(rtronttr,day,yver) ! Page 1 of 2 PYi 11.�Cfiit°EC 21 �C -�s'a _—_ e rill l: �•` .� ,:�,°"O P. e s . g96 k Fr4'tppe� £•� YY�� � Ifyyt p d��� s :. _ fi rf @g C ?P �d`gptf�,,t � ld ;BI,. 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Pn�jn Z Wt4' FNI<>�G1Zppm 90c� c u YY fJ e PONS; 8 Ie.YO' o u >"«R 9n I n "clop r° I I At., f119 m<pyy _ STREET--C82.5' - _ - SlIq _ _C/L FRANCES STREET -C82.5' RZK 1 .,Xuw N WE o 11/11 ux[ wa }J . . 'a. tT rli . v- Y[34 ^�1 x �•Yry*, 1 i x,. .�,� n'ar re> k ,S. 1 '9�''' �e�•- °�^y'�h �., �� n� °.o4wR3jxa�kb$'t' S s• 'w�:Z .X4vt w � � +t 3k' l• s�' + y �v x { 9A . � iX��, � X� ♦��^t^}��l'SKr 1111 r d'1 � � � • �Jan'M1' �✓�rr ha.'s�t sf V�'h�, ,Jr LI Va. _ b'?'a ;tf��w Wri • ^'Yra.. "ObtF s .:a enM Y �.j��it" '� b ♦ 7.} � Ya"` 5 n` '/ ZW9a ^ � �, r..��, Fes' ��,•�.� r�� ,,�, . '� 1 ms's „gx 4 �,�fi, a ��,r4�p �• a @ � Sry � Fr A. •tx �1,-"T�y„s+�y44z�. ie s.�-'rS * ,vim' •u• `�- k "' �:;x,�K �,+,. ;p�.^+��,�-"ctY� df3',..�`�.7*`# ` � ,�. � �y..'Yr�t'Z"` r t ��qL•c 5� 6sb �.7,•';.=t'�i' �' � ..�o..r � �' .+ . .a ,j�ah.' `� i k`a�d�"rt�,��:a�',1�• "+�',�,�`' �. .: h 1 r J w ..i •". .7M�.6.. 23; 4VaJ`•S�.trf WL .c - RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1106 Georgiana Street AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Kevin and Kelley Deeth WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and 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 1106 Georgiana Street, South Bend, Indiana, and which is more particularly described as follows: Lot 6 The Triangle Major Sub 05-03-12 and this property has Tax Key Number 018-5101-3575, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et sea., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et sec ., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1 SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION IL The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality o,-benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3, E. The deduction wiil not be allowed unless the dwelling is rehabilitated to meet local code standards `'or habitability. 2 F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a 1�esidentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. 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 as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17. SECTION VIII. 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 nn the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. 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 $19*of Vi"5 1�-'ie ^rll i?m-*,J3 etT1 }}� yy �,pp ��ee '} .., q..'.. !i ed in 6i6erk��' M.i YSQc' Council action on t;us issue, _ 1 PRESENTED 3 J05r't :iQr)t?63E. t40T APPROVED MY CLERK,.SOUTH PEW F), i!1 j.DOPTiO o T H 227W.1F:FFERC0N BOLI1 YARD ?O� ti PHONI.>74/235-93-1 SUIT[ 14005. Fay:574/235-9021 SOLI I I BEND,IN 46601-1830 CITY of SOUTH BEND PETE BtITTIGIEG, (MAYOR COMMUNITY INVESTMENT SCOTT FORD,EXECUTIVE DIRECTOR November 1, 2013 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Properly 'fax Abatement Petition for: Deeth, Kevin and Kelley Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a residential real property tax abatement petition submitted by Kevin and Kelley Deeth to build a single-family home at 1106 Georgiana Street. Also attached is a copy of the petition. Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build a single-family home at a cost of approximately 5316,000. The project meets the qualifications for a (5) five-year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, November 25, 2013. 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 235-9273. SincereJ , ;7 Brock "_eeb Director, Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigicg Scott Ford Chris Fielding Dave Relos PIANNINC. NI.I( H1k)RHOOD ENGAGEWN-I RONOW( RI.sDURCrN [Ii INNAIA 114MEV.C.MFNTR DONAID1 NIQ. ttiiH.c+., 227W.]FFFERSON Both.FVA;11 �,��� / 97� PHONE:574/235-9371 SI9TE 1400 S. "� � � \ EAx:5741235-9021 $OITH BEND,IN 46601-1830 ` t. 1865,. CITY OF SOUTH [SEND PETE M ITTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR TAX ABA TEMENT REPORT TO: SOU I-H BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: RESIDENTTAI. REAL PROPERTY TAX ABATEMENT PETITION FOR: DEETH, KEVIN and KELLEY DATE: November 1, 2013 On October 31, 2013, a petition for residential tax abatement consideration for real property located at 1 106 Georgiana Street was filed with the City Clerk by Kevin and Kelley Deeth. Pursuant to Chapter 2, Article 6, Section 2-77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached). investigated the area, and makes the following report. PROJECT DESCRIPTION Kevin and Kelley Deeth intend to construct an approximate 2,273 square foot, single-family home. The home will have a kitchen, dining room. great room. mud room, covered porch. 3 bedrooms, and 2 baths. I"here \t ill be an unfinished basement with 1088 of additional square feet along with a two car rear load-in garage. The cost of the home is expected to be $316,000. South Bend Heritage is in the process of repurchasing the lot from Phillip Munoz. The Deeths will have full ownership of the lot on November 6°i after they pay South Bend Heritage $25.000 for the lot. Total taxes to be abated during the (5) five-year abatement period are estimated to be $1.893. Total taxes to be paid during the (5) five-year abatement period are estimated to be $19,281. PIANNIM. N E.IGHBoRHOUD EN(.,A(.1 NIFNT ECONONii( RI-SOURCl4 [11[� KAIN PAWIAC.A1riTII Do AIDF. yw' South Bend Common Council RE: Deeth, Kevin and Kelley November 1 2013 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been associated with or been granted any previous tax abatements. 2. The Building Commissioner has reviewed this petition and finds the property to be properly zoned for the proposed project. 3. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a (5) five-year residential tax abatement under Section 2-77.1, Single Family Residential Construction. FS YEAR 1-Nov-13 Death South Bend Portage Township Residential Real Property Tax Abatement Schedule' Estimated Project Cost: $316,00000 Total Taxes Tax Abated" Tax Paid— Assessed Value' Structure(%AV of cost) 100.0% 316,000.00 316,000.00 316,000.00 Land Value 15,000 15.000.00 N/A N/A Gross Assessed Value 331,000.00 316,01 316.000.00 Less Mortgage Exemption (3.000-00) (3.000.00) (3.000.00) Less Homestead Deduction (45.000.00) (45.000.00) (45,000.00) Less Supplemental Homestead Deduction (100.100-00) (100.100.00) (100,100.00) Base Assessed Value 182900.00 16i,900.00 167,900.00 Less Maximum Abatement Deduction N/A N/A (74,880.00) Less Nom Abated Amount N/A (93.020.00) N/A Plus Land Assessed Value NIA N/A 15,000.00 Net Assessed Value 182.900.00 74 880.00 108,020.00 Property Taxes: Assume constant lax rate of 5.0228% 5 0228% 5.0228% Gross Tax(tax rate x net assessed value) 9.186.66 3361.05 5.425.60 Less County CDIT Homestead Credit: 7 3430% (674.58) (276.17) (398.40) Tax Due Before Circuit Breaker 8.512.08 3.484.88 5.027.20 Less Circuit Breaker Credit (4.277.15) (3.106.21) (1,170.94) Net Tax 4.234.93 378.67 3.856.26 Circuit Breaker Cap Circuit Breaker 1.0000% 3,310.00 3.160.00 3,310.00 Debt Service 0.5057% 924.93 378.67 546.26 Circuit Broker Cap 4.234.93 3.538.67 3,856.26 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 182,900.00 4.234.93 378.67 3.856.26 2 '•82.900.00 4.23493 378.67 3.856.26 3 182 900.00 4.234.93 378.67 3.856.26 4 182.900.00 4,234 93 37867 3.856 26 5 182.900.00 4.234.93 378.67 3.856.26 5 year totals: 21,174.63 1.89334 19.281.29 'This schedule is for estimatlor purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. "Tax Abated is capped at$74,880 of assessed value of structures only and does not include land assessed value. "'Tax Paid Is calculated using the difference between actual assessed value of structure and maximum abated portion of$74,880 and adding back the land assessed value. CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C. 61.1.12.1-1, et sea.,and South Bend Municipal Code Sec. 2-76 et seQ.,for this petition state the following: 1. Describe the proposed construction project, including information about square footage, number of rooms, number of stories, other amenities such as finished basements and garages, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project(use additional sheet for long project descriptions): M �r� — fit le-- �'� LLGr ---5} h to A, -- �SaiMT._��4_St'�*ivl --s'C- Top ?)oar i c�is _ a bvr4 S•ti.:Yh—�L� s Ff. nF_`` .r_--1Ys;.C- F�h tat 7h� LoY Lui- 61 i S �fj F1 ;� b� I l 5.+0 tt, l0^6 . �A 2. L•stimate the dollar vahie of the construction project(do not inc ude land cost): $_ 3. The real property for which tax abasement 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 rh Le,a���� ----—--------------- — --------f 1------- U c r 4. The commonly_known address of the Property is 1 O t r and having tax P ry � �� 4�uT5 �.sc��"� g key no.: ��0 7 ______(use additional sheet for m triple addresses or key numbers). F&Cn-_.L. k0 -71-09-06 -103-LOS.O00-Oa6 5. A legal description of said roperty(s) is attached hereto, marked Exhibit A, and is incorporated herein. 6. A map and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. 7. Photographs of the Property(s), taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. 8. The current assessed valuation of the property before construction is $_y _(use additional sheet for rqoL multiple addresses). (Information may be obtained from the St.Joseph County Assessors Office, 235-9523). 9. List the real property taxes paid at the location during the previous two years,whether paid by the current owner or a previous owner(use additional sheet for multiple addresses): (This information may be obtained from the St.Joseph County Treasurers office, 235.9531) 10. What is your best estimate of the after completion market value of the property:$_ � r coo (Rev.5/13/11) 1 11. 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 building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: No --- 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: le ____�^��-�e_---(- ✓LTG LLZwk=sz2__�—�_—J]IU11.(�.�+iY�L?�4h1z�t�_ 14. The current use of�the property is -Lca _4�o �S Cny'"�nd the current zoning is Ci'srJ*c+�+-lose). (This information may be obtained from the Building Department 235-9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): 16. The following person should he contacted as the petitioner's agent regarding additional information and public hearing notifications: (� Name _-11�P. �------ ------ ---------- Address --------- --- City, State, Zip 1?L � —_---___- Telephone--_-_---- -- ------------- Email Address ]el�_sn_t1------------------ WHEREFORE, Petitioner has paid the required fee of$50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designaring the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. Name of Property Owner(s): By'— 1 -- (Signature (Typed or (Rev.5/13/11) 2 ST �I 1 2013 .lOi?F1'Gf+C1uZ0�' 1 CITY CLERK,SCWTH BEND,IN STATEMENT OF BENEFITS 2p_PAy 20_ REAL ESTATE IMPROVEMENTS State Form 51767(8211-07( FORM SB-1 I 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): ❑ Redevelopment or rehabllftation of real estate improvements(IC 61.1-12.10 El Eligible vacant building(IC 6-1.1-12.14.8) INSTRUCTIONS.' 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment orrehabilitation of feat property for which the person wishes to claim a deduction. 'Projects'planned of committed to after July 1, 1987,and areas designated after July 1, 1987,requlre 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 may be approved. 3. To obtain a deduction,application Form 322 ERA/RE or Form 322 ERA(VBD,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-i/Real Property annually to the application to show compliance with the Statement of Benefits. [IC 6G 1.1-12.1-5.1(b)and IC 6-1.1-12.1-5.36)1 5. The schedules established under IC 6-1.1-12.14(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,shell continue to apply to a statement of benefils filed before July 1.2000. ,+. ,�. :a •fir °. -� l dl'C'1. Name of taxpayer Address of taxpayer(number arm street,cit,state,and ZIP cartel 133`1 a N en N 6G 17 Name of contact person Telephone number E-mail soure KCq'(1 °th '5'7'1 3yLf 600 ' hjdeet11'rar)d . ej Name of designating baby Resdutinn numbor Location of property County DLGF taxing district number Description of real property improvements,redevelopment,or rehsbllltation(uso additional sheers if necessary) Estimated start able(month,day,real Estimated completion dale(month,oey.year) Current number �Y Salaries Numbor retained Salaries Nond;er additloral Salu'o' NOTE:Pursuant to IC 6 1.1-12.1-5.1 (d)(2)the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values _ _ Plus estimated values of proposed project Less values of any property being replaced Net estimated values upon completion of project 3 i i,` 0�' Oov ° Fax.. ° ° ° ° -° ° �. �;lJ q ..7+� ��' ..w`c> .hit• r tyP' Estimated solid waste converted(pounds) Estimated haz rdw:c-r•°='�=r r �ddt(p_�l Other bene.is le n er S ICG' a OCT 31 2013 JOHN VOORrE CITY CLERK,SOUTH BFI ND IN I hereby certify that the representations in this statement are true. Signature of authorized represenbt TIlle Date signed(month,tlay year) Page 1 of 2 FOR USE OF THE DESIGNATING BODY We have reviewed our prior actions relating to the designation of this Economlc Revitalization Area and find that the applicant meets the general standards adopted In the resolution previously approved by this body. Said resolution,passed under IC 6-1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years•(see below). The date this designation expires is I The type of deduction that Is allowed in the designated area is limited to: 1.Redevelopment or rehabilllation of real estate improvements ❑Yes ❑No 2.Residentially distressed areas ❑Yes ❑No 3.Occupancy of a vacant building ❑Yes ❑No C. The amount of the deduction applicable is limited to$ D. Other limitations or conditions(specify) E. The deduction is allowed for years'(see below). We have also reviewed the information contained In the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totalhy of benefits is sufficient to justify the deduction described above. Approved(signature and title of authorized memberof designating body) Telephone number Dale signed(month,day,year) Attested by(signature and We of affester) Designated body If the designating body limits the time period during which an area is an economic revitalization area.It does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.12-12.1-4. A. For residentially distressed areas,(fie deduction period may not exceed five(5)years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1,2000.the deduction period is limited(o three(3),six(6),or ten(10)years. 2. If the Economic Revitalization Area was designated after June 20,2000,the deduction period may not exceed ten(10)years. C.For vacant buildings,the deduction period may not exceed two(2)years. Page 2 of 2 • Note about Lot 6 in the Triangle Development. 10/31/13 South Bend Heritage Organization who is in charge of the Triangle development is in the process of repurchasing Lot 6 from Phillip Munoz.They have notified us that we will be all set for purchase from them on Wednesday Nov.6" which is when we have a scheduled appointment with SB heritage's Jeff Gibney(289 1066 ext 219)and Dea Andrews (289 1066 ext 215) . It will be at this time that we will have full ownership of the lot in exchange for$25,000 which we will pay by check to the organization on that day. For any questions about the lot ownership or the Triangle Development please get in touch with Jeff Gibney at 289 1066 ext 219 or at leff¢ibnev@sbheritage.org _Thanks. Filed in C➢erk,s +pair. 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PLG6C [CJYCL[ VJO Nb° •4 a § 2 CAR GARAGE PA71O I — a:o. 3C 8h b 5 4� – -- MUD RDO o� m * a 9 9'mlllr� r 4° a 5 •11■ 4 a QIII Pi KITCHEN 9 Z ^ Q Fl bm - I: 1 GREAT ROOM by s• - i 9 cwplvERED PC FRCH NOTES: 3'-5' �]_nN' ti.Y a.Oh' T _- T-5h' )'by' .1Ci11R•uaw Fw.wllL lrt. -en i�r sewrm nR.w�u art. -SEfpOFIR LN.PRG•1Ce650 Ff 34 4' S Tp11 FOUNWTgl1 WN18 _-. _.._ _.. .mxoows WITHP I'lewwE era trwi N'PF r.Pr a mil�Dae He. MAIN FLOOR PLAN loioersou PLlao» PLACE Uvec DEETM RF5IDENCE TI-1r—TRIANGLE iMeN.++.wOwt<.v.+vu evanus+Ya[h.nmtl.PlW�Ntlru lna4 Me.NYtrYaN.iwnbe MVU.y,Meeve..rn.4.«�.nnvvwru,a awtrn.raua eM�ru�Nw v.wa..nwYroCO"mNmM.tvmlr<mA/� I 1-3- BATH f MASTER BEDROOM o BEDROOM •3 BEDROOM -2 o d 1 V. RA NOTES: 24'kF.F.ATW 1��W, SC-00NZ> FL-OC)P-PLAN "A' Dr-r-TM RESIDENCE THETKIANGLE St.Joseph Indiana,Assessor Page I of 2 Parcel !'? iR (� (4:: Parcel A Tess AV-Tol Tabs d� Improv,Parcel 116GEORGIAN > $4,900 Pdn Mew Land Owner Information Improvements Sales History Owner Name Munoz Vln fillip see transfer note ProvalPRC Owner Address IIobGeorgianaSt� 0uBen87NM17 Searches Transfer Date 01/0112013 Address Parcel ID Location Information Owner Name District No. 026 Section &Plat Sales Area No. 011 State Assigned District No. 026 Legal Desc. Parcel Address 1106 GEORGIANA Routing No. 9-6A Functions Parcel Address 1106 GEORG Home Legal Desc. Lot 6 The Tria Property Search 05-03-12 Help parcel Information Topography Feedback Press Releases Level Y County Website 4 Z0°1tlg High N W DLGF Website 4 Property Class Code 500 Low N Se GIS Website i Neighborhood Code 7126350 Rollin g N Ga Beacon GIS ./ Neighborhood Factor 100.00 El( Neighborhood Type B Swampy N Sit Flood Hazard Street or Road Code A Waterfront Property Type All Assessment Information Current AV-Total Land $4,900 AV-Res. Land & Lots $4,900 Lei Current AV-Totallmprov. $0 AV-Res. lmprov. $0 Am AV-Total Land & Improv. $4,900 AV-Res. Land & Improv. $4,900 Apt AV- Commercial Land $0 AV-Non-Res. Land $0 Rei AV-Comm. Improv. $0 AV-Non-Res. Imp. $D Prli AV-Comm.Land & Imp. $0 AV-Non-Res. Land&Improv. $0 Pri. AV-Dwelling $0 AV-Classified Land $0 Adj AV- Farmland $0 AV-Homesite(s) $0 Certified values as of March 1,2013 http://in-stjoseph-assessor.governmax.com/propel-tymax/ACAMA_Indiana/tab_parcel... 10/30/2013 CITY OF SOUTH BEND,INDIANA REQUIREMENTS FOR ALL PETITIONERS SEEKING SINGLE-FAMILY RESIDENTIAL DEVELOPMENT REAL PROPERTY TAX ABATEMENT CONSIDERATION FOR MULTIPLE PARCELS As a condition of granting a petition which seeks single-family residential real property tax abatement consideration for development of multiple parcels in the City of South Bend, Indiana, the petitioner seeking such abatement pursuant to the applicable provisions of the Indiana Code, the Indiana Administration Code and the South Bend Municipal Code must additionally agree to the following: 1. Filing Requirement with the Office of The City Clerk: File with the Office of the City Clerk, 4th Floor County-City Building, South Bend, Indiana 46601,prior to the South Bend Common Council taking final action on a petitioner's Confirmatory Resolution for single- family residential construction where multiple parcels are involved and which is specifically addressed in § 2-77 of the South Bend Municipal Code,the petitioner's written information statement to be given to all individuals inquiring about any parcels in the petitioned area. 2. Required Contents of Information Statement: Said information statement must be on the petitioner's official stationary which lists their business name, street address, city, state and zip code, telephone and facsimile numbers, email address if any, and contact person(s) and which must include the following: • Official name of the development as listed in the documents of record with the Office of the City Clerk of South Bend, Indiana • A map of the development addressed by the abatement listing the property key number for the parcel in question as well as its street address • Verification of the number of years granted by the tax abatement and the month/year the final action was taken by the South Bend Common Council • Verification and confirmation of the abatement's maximum dollar amount of the assessed value of the improvements on the parcel in question and a statement that the assessed value of the land is not abated • Verification of the petitioner(developer's)duties with regard to the Statement of Benefits form(SB-1) • Verification of the proposed property owner(s)' duties with regard to the FORM 322/RE which must be completed and filed by the owner and builder after completion of the home and prior to occupancy, with said form being attached to the Information Statement (Rev. 5/13/11) 1 • An attachment of the Confirmatory Resolution which approved the abatement in question • Inclusion of contact information, including but not limited to: Department of Community and Economic Development Division of Economic Development 1200 County-City Building South Bend, Indiana 46601 (574) 235-9371 (574)235-9021 Facsimile St. Joseph County Auditor's Office 2"a Floor County-City Building South Bend, Indiana 46601 (574 235-9668 (574) 235-5024 Facsimile Office of the City Clerk 4'h Floor County-City Building South Bend, Indiana 46601 (574) 235-9221 (574)235-9173 Facsimile 3. Required Filing of All Revised Information Statements: Any Information Statements which are revised should be filed with of Office of the City Clerk as soon as practicable by the petitioner/developer and in no event filed later than their first use with prospective property owners in the affected tax abatement area. I the petitioner of record seeking single-family residential development real property tax abatement consideration for multiple parcels in the City of South Bend, Indiana, for the abatement commonly referred to as hereby acknowledges the requirements set forth herein and agree to abide by such conditions. (Signature) Typed Name of Record Address and Telephone Number of Record Witness Signature Typed Name and Official Capacity Address and Telephone Number Signed this_day of 12_ (Rev. 5/13/11) 2 fw« r Y Y„ Y � N Y + wi On� V Is a 4 v- < yd�,rc�^ / 3T ✓gtC�re '�' d1 `fsC"Yx r s Also, RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE. CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 237 North Michigan Street AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR GREAT LAKES CAPITAL DEVELOPMENT WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area located at 710-712 Niles Avenue which is more particularly described as: And which has Key Numbers 71-08-12-107-005.000-026 and 71-08-12-107-006.000-026 presently at this point in time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et sec., and South Bend Municipal Code Sections 2-76 et seg., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et sue., and South Bend Municipal Code Sections 2-76, et seq.. and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et sec., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections I through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to ten (10) years as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common ouncil Slgnhg of l-`"^ cn?y M ^r+ids an opportun:i f-%- , .:-a:in8 and a0 on .;� Ci0UI1C1�2Cu`oIi on i::ea I,,.U,,, i (; y I PRE SEN IEC NOT APPROVED CITY CLERK,SOW't'1 BEH-i, 04 Sou rN e� 227 W.IEFFERSoN BouLWARD OF .'d' �' �.�'t� PHONF S74/235-9371 SI1nE 1400 S. /,� /- FAX:5741235-9021 So1rrH BEND,IN46601-1H30 1 a2� X � 1985 � CITY OF SOUTH BEND PETE BUTTIGIEC,, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXEC(1TNE DIRECTOR August 21, 2013 Council Member Gavin Fcrlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Real Property Tax Abatement Petition for: GREAT LAKES CAPITAL DEVELOPMENT Dear Council Member Ferlic: Please find attached the Department of Community Investments report on a real property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the renovation of the Hotel LaSalle located at 237 North Michigan Street. The report contains the Department's findings relative to the above petition. The total cost for the renovation is estimated at$9,537,076.10. The project meets the qualifications for a seven to ten-year real property tax abatement and a representative from Great Lakes Capital Development will be available to meet with the Committee on Monday, November 25, 2013. 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, X/Z Z/ BrockL,eeb Director Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding Dave Relos AASISrANT ERF(viNEDIRI'('r<1R RIANNING N F.IGHAOR1 fool)ENGAGF.MI'N T ECONOMIC RrSOVRCFS clolR FIFI UING III IN KzUN PAMI EI C.Yimk liRo(.K%IfEB 22?W.Jr F1 easoN BouievnRU y B i Ptlus6::574/235-9371 5 1 1 1 1 1400 5. ' j 0 FAX:574/235-9021 Sou ru BGNO,IN 46601-1830 865 CITY OF SOUTH [SEND PETE BUTFIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD. F-XECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATIIY HAIIN STJB.TECT: REAL, PROPERTY TAX ABATEMENT PETITION FOR: GREAT LAKES CAPITAL DEVELOPMENT DAME: August 21, 2013 On August 21, 2013, a petition for real property tax abatement consideration for property located at 237 North Michigan Street was filed with the City Clerk by Great Lakes Capital Development. Pursuant to Chapter 2, Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition, investigated the area,and makes the following report. PROJECT SUMMARY In order to strengthen and aid in the redensitication of core value within downtown South Bend, the petitioner proposes interior, exterior, and site renovation for the Hotel LaSalle building.This will mark the third in five currently slated improvement projects for downtown South Bend. The other sites include American Trust Place Phase 1, Phase II, Main Street Row, and Citizen's Bank &Trust. This all adds to the value creation Ior downtown. "I he proposed rehabilitation will cost S9.537,076.10. After renovation the primary use would be residential with commercial use on the main level. PIANNING NI'.I(,11&SRI 1001)E.NGAWAU N I f CONOMIC RI'SOURCr.S Iii rN KAIN PAM I %C.M1 vI'P DONALD E.INK, South Bend Common Council RE: Tax Abatement for Great Lakes Capital Development August 21, 2013 Page 2 Total Taxes Abated for the (7) seven -year abatement period are estimated at $847,009. Taxes paid for seven (7) years on the new project would be $1,432,191. Taxes paid for ten (10) years would be $2,221,343; taxes abated for ten (10) years would be $1,034,658. The company may qualify for up to a ten 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 nine (9)new,permanent full-time positions and zero (0) part-time positions with an annual payroll of$315,000. The project will not maintain any jobs. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the Petitioner, Great Lakes Capital Development has not been granted any previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. The property is located in the Central Business District. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a(7) seven-year to (10) ten year real property tax abatement under section 2-80 Mixed Use Developments in the Central Business District. y (O N T ON m Q O d O M Q m �r N v [O N N Q (p p r r N > t0 O N m O m H O N p O W M t0 M M [O N fp d v tOO N A M N C d O N(MO >N O (Np W O r n (O M O (O d d N N N N (O M N N � Op � `' o � poo Mom map YJrd d v ode > � oo� No ro m of nvi of Q o > N! r O O A Q � N d N N Q Ot M N O a _J o 00 00 00 N p p M O- y9j % p p p O O p p p a m 4cvp o oN M n od N Z ° ° o � mmm m n v N O °pi n > r�6�o ri o mvio Eros 01, 111, of M f'1� M M M [N'1 m t o m m ai U j 3 p W V %N L 0 0 [p OI m N O v O O E [D N ry d p, Le N Z N N > 0 [p q O O Q N Of Lp N A - r a c0 OI N C M N N N [mV N N (OV O v A D a m ro N � m O ~ tO (O N M O M N d M N ry M M M M M M N R N M N N M N � � .- _ F- - ��� �� pf t C � > U N d W > J > J 'A D_ � � O N O q ✓Oi Y v F n o o m gry � � v t n N a _co 0 s a o j m o a N m a `c Lo m U m v m 0 e NNmE ¢ vv, mm` r `w .gym .- and h m v P ✓'� v m � °v � ° m Q QQ mZ a ° `m pz mUOU H E W m y Q U me Q ( U H 3 �.� n mcl N Nmn m 3 m n O n m m c x v m >'^> .� m° ° CL r� _a a m� mol ZL N� y N O N N O o a0 X 0 3 4 q e o O G N W J Of U A(J N+ n< _ O G a � p v N � N m m D n 10 IG Y G> A O 1G N N N pi O N x N N NNNN NN N G O Z 01Np TO a �' + Um 3 4 0 W W W Gl N GI N m T1 m m N N W N W W N N m m (O m O O 0001000 X Z6 Ua W N qUN 01 ld0 001 a � k Q N 01N bm�OnN Q O + � N O NWOOOii o Om '^ JQI NK m VI J 01 V W 01 O1 N _ 01 U O NO m N 01° m o SII N �mN01+ P X AO1 d 2 � W o tJ d V W J O m N W NON a ' O n 01 W41NN+ + N + N dO� W C 1PC m N N m w 1°+i i1p.1 Pu �m� U N e e°m pN1 IK � O U W 0(J N O tG V 01 x ry N d W b O t0 IO 41 U O O - W W U U1 W A O [t0J W O N OV 01 N K e y A a 00� m rn 0 u�Nm m K O(p O tG (p N m N U 01 y N (Uli N W N O N O! N U� p U e0 pW N N N m O m%�y 01 V 10G V N e W>O N IOf e + O J In 01 m W N (J W O(J 1p q N O N_N Ul (J m fJ N f0 N y IG N N E N N ONi T N K N O 01 Oa O NW AW N U 01 y UNi f0 L W W W N p T 10 U O V n J +Gl N f0 W (t011 m Qi W W J U O 'd e 9 - \/ \ � !\/ 2 /! k !\ _ mf\ \( � : !7 §5035 q{ \ �/ § §§B Q!S§ \0303 - i (; b E j \§§§fi\ i /EI )5))� )}\ \ ) Q!M / , \2) / j /&33/ // 9\! \\ ( / . . � w � G! »\ s\ \ gym : . \/ ( a 9§b /\ ( dd(; Q\ R( } Q 2\§ {:;!< )}} ){\ ( !!2!\§ DocuSign Envelope ID:D8F1C726-DE71-4282-AE01-AD6D18F646AD CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C., 6-1.1-12.1-1, et seg., and South 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: In order to strengthen and aid in redensification of core value within downtown South Bend we propose interior exterior and site renovation for Hotel LaSalle building. This marks the 3rd in 5 currently slated improvement projects for downtown South Bend sites also including American Trust Place Phase I Phase II on the horizon, Main Street Row, and Citizen's Bank & Trust This all addling to the value creation for downtown Land Size 0 . 75 Acres acres; Building Size 10 7, 000 sq.ft. 2. Describe the overall nature of the business and of the operations occurring at the Property (Please attach an additional sheet if more space is needed): The property is currently vacant in need of renovation for __ occupancy. After renovation the primary use would residential with commercial use on the main level . 3. Estimate the dollar value of the project (excluding land): $ 9, 537, 076 . 10 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement is: $__L62, 600 (This information may be obtained from the St.Joseph County Assessor's Office 235- 9557.) 5. (a) The real property for which tax abatement consideration is petitioned(Property)is owned or to be owned by the following individual(s) or corporation(s) (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST(%) Great Lakes 112 W. Jefferson Blvd. 100% Capital Development Suite 200 South Bend, IN 46601 (Rev 5/13/11) 1 DocuSign Envelope ID: DBFiC726-DE71-0282-AE01-AD6D18F646AD (b) The following other person(s)or corporation(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); , NAME ADDRESS INTEREST(%) 6. The commonly known address of the Property is: 237 north Michigan Street South Bend, IN 46601 7. The Key Number(s) of said property is: 71-08-12-107-005 .000-026 71-08-12-107-006 .000-026 8. A legal description of the above address is attached hereto, marked "Exhibit A,"and incorporated herein. 9. A map and/or plat describing the Property is attached hereto, marked"Exhibit B,"and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked "Exhibit C," and incorporated herein. 11. The REAL property where the proposed redevelopment or rehabilitation projectwill be carried out is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: N/A 12. The redevelopment or rehabilitation project itself will: (a) create 9 permanent, full-time and 0 permanent, part-time jobs within the first year, representing a new annual payroll of$ 315, 000 ; and (b) maintain 9 existing, permanent, full-time and 0 existing, permanent, part-time jobs (including existing, permanent, full-time, minority employment of TBD workers and existing, perma- nent, part-time, minority employment of 0 workers) with a total annual payroll of $ N/A for all existing employees. 13. Provide current wage information for existing employees including: base rate,cost-of- living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips(please show average hourly rate or range). Do Not Include: back pay, jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements. Full-Time Part-Time Laborers $ 35, 000 $ Technical $ 35, 000 $ Managerial $� $ Administrative $ 35, 000 $ (Rev 5/13/11) 2 DocuSign Envelope ID. DBF1C726-DE71-4282-AE01-AD6Di8F646AD 14. The projected annual salary for each new position indicated in item 12 above is estimated to be as follows (Please attach additional sheet (s) if more space is needed): POSITION (Indicate Full Time [FTj or Part Time [P11) EMPLOYMENT WAGE Site Leasing Agent [FT1 Approx. $351,,/yr Site Manager FT Salary 35 1 maintenance technician [FT] Approx. 35k yr 3 Bar Restaurant employees [FT] Approx. 35k yr 3 Coffee Cafe employees [FT] Approx. $35k/yr 15. Indicate whether your company provides the following benefits(use Y/N): x Health Care Benefits X Pension Plan (401k) x Employer Provided Training (recognized or certified training/educational courses or programs) Day Care (provide or contribute to the cost of child day care for its employees) Transportation Assistance(provide direct or indirect support and assistance to its employees who lack private transportation to get back and forth from residence to place of employment) x Employer-Assisted Housing Program (provide an employer-assisted home ownership program) (Site Manager consideration) Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the City's Community & Economic Development Department that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 16. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES 2006 $o $0 2009 $0 $0 2010 $0 $0 2011 $0 $0 2012 $0 $0 Owned by the City of South Bend for this time period. (This information may be obtained from the St. Joseph County Treasurer's office 235-9531) (Rev 5/13/11) 3 DocuSign Envelope ID:D8F1C726-DE71-0282-AE01-AD6D18F646AD 17. Please list the number of full-time and part-time minority employees for each of the last three years: Year Black Full Part Full Part Full Part _ Hispanic _ Asian _ Indian Other 18. Does your business maintain a written (formal) affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: N/A 19. Indicate whether or not your project will finance any of the following activities (If desired, please contact the Community & Economic Development Department 235-9335 for additional information on this section): x Conversion to residential use of a commercial building "Eligible Building" as designated by the Community & Economic Development Department. x Rehabilitation of a building that is either: (a) on the National Register of Historic Places; (b)designated as a local landmark; (c) located in a National Register or local landmark district; (d) eligible for nomination as a National Register or local landmark; or (e) is rated as Outstanding (0/13) or Significant (S/12 or S/11) in the most recent Historic Preservation county- wide survey. X Rehabilitation and reuse of 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): No (Rev 5/13/11) 4 DocuSign Envelope ID. DBF1C726-DE7142B2-AE01-AD6D18F646AD 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. Yes,this project will achieve the call for revitalization of Hotel LaSalle and continue the need for redevelopment and value creation in downtown South Bend. 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. Yes, annual contributions to DTSB, Morris Performing Arts, area Parks & Recreation, and others. 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): Mo 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 Owners signature at the end of this application is verification of this statement). 27. The Standard Industrial Classification (SIC)or North American Industry Classification Systems (NAICS) major group within which the proposed project would be classified, by number and description is: 531120 Lessors of residential and non- residential buildings. 28. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description is: 531120, 531110 29. The current use of the Property is vacant and the current zoning is_ C 955544). (This information may be obtained from the Building Department 235- (Rev 5/13/11) 5 DocuSign Envelope ID:DBF1C726-DE71-42B2-AE01-AD6D18F646AD 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 N/A 31. Other anticipated public financing for the project including, if any, industrial revenue- bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Administration Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund; or other public financial assistance, including but not limited to public works improvements. Yes, City of South Bend 32. The following person(s)should be contacted as Petitioner's primary agent(s)regarding additional information and public hearing notifications and the following individual(s) may participate at the committee and full council meetings of the South Bend Common Council: Name: Ryan Rans Brad Toothaker Address: 112 W. Jefferson Blvd. 112 W. Jefferson Blvd. City, State, Zip: South Bend, IN 46601 South Bend, IN 46601 Telephone: 574-251-4400 574-251-4400 E-mail address: rrans®greatlakescapital .com btoothaker @great lakes capital 33. If this real property tax abatement is for warehouse or industrial developments, pursuant to South Bend Municipal Code Sec. 2-83.2, please indicate the name, address, telephone number and e-mail address of the person who will work with WorkOne Northern Indiana (WNI) or its successor agency for employee recruitment, and sign the required WNI form attached to the petition. Name: N/A Address: City, State, Zip: Telephone: E-mail Address: (Rev 5113/11) 6 DocuSign Envelope IDS DBFi C726-DE71-42B2-AE01-AD6D18FB46AD 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): Great Lakes Capital Development o sgnea by. By: !:pc Bradley 7 Toothaker (Typed or printed name and capacity of signor if signed by an agent or representative of the owner.) 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C O °w ao0N � aJE a)° N r -0 E O E � 0 �° .o •a) c m L m O 1 C N (�) C O G Ca a) fa a d 'f0 U a) 3: 1-o m � O N � E J� ~> 0 kO X E- ` ` - � �Yso : E m ry C w m N C l0 O a O N m O -° Y c c Ja o33 Q ZO Zp N j oc E �Ca- (OD aN i 0 o LO. vC) Y v •y y ) m E5 F- F- (D ,a) N O C L y r 0 U O U n C � C 3 C d (a > E CU `-' N Ma ui (O haD O) O 0 of M4L6 d y -O z O U C (6 N L6 0 0 w` CN U J Z ° F- O c m N U 0 O DocuSign Envelope ID:DBF1C726-DE71-4282-AE01-AD6D18F646AD. ... - Exhibit B Parcel Map Attached i :.. 55 FN v gi3a E ° ,•f', 4�§�WO�v'• �',x J '.fr r .c li 6".� �F�S'i [.. N . + n ' .. � ,� �� ♦ r'. � j�� d'y G �._ R Sib X1.4 �.Y,'4 ��� 1 + l..a ♦ i X11 n yMhH° ' lam' SPJ osePh�St. ♦� f Y[ r Wf, Lt Ift +.+s� wawa a 5• t �1.f - .� - �dss!_ (-" I �i+ r t �t � Y�� :�. r 1 YS �s , Nu �'♦rnYr:t��p �� � fi i 'B`+ '�q...f fit,. A ..I�, 4Lr.l.i )-,✓ ��-,��' C p '[ � f'._.� �r � ��a�.Xy3.1.�1 Y .i�• x 111 1(i J 0 DocuSign Envelope ID: DBF1C726-DE71-4282-AE01-AD6D18F646AD Exhibit C Photos 2 d'All it Oo, 11,1a LZ L2 L lu k y Fikid In Clerk's Offim Nil, A 1:FNED IN J, DocuSign Envelope ID:DBF1C726-DE7142B2-AE01-AD6D16F646AD 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 Ci -wide An n.a. No 5 Office CBD 15,000 sf 5 000 sf Yes 3 Office EBDA,TAIA 7,500sf 5,000 sf Yes 3 Retail CBD, EBDA,TAIA An An Yes 3 Retail UEZ An An 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 An An 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 An An 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 E ui . & Machine 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: • The conditions of the abatement • The timeframe for actions • An agreement to respond to surveys related to co FlifflU C t ! (Rev. 5/13/11) SOUO TrFa i 8_ro a s, Lt i i tD DocuSign Envelope ID: DBFiC726-DE71-42B2-AE01-AD6D18F646AD South Bend Tax Abatement Ordinance • An agreement to grant access related to compliance inspections • Any events that might cause termination or payback actions • The applicant must be current in their taxes. • There must be no pattern of local, state or federal law or regulatory violations. Add-On Abatement One to seven additional years abatement may be considered for projects involving certain commercial real property(listed above)that achieve Public Benefit Points described in the following tables: Table I Project Related Actions Points Redevelop a site which has special needs such as converting a commercial i 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 universi in St.Joseph Coun . 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 s . 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 local) Purchase 75%of materials local) of that which is reasonably available local) 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. TArea. All contractors must contribute to a retirement Ian. Contractors must maintain an Affirmative Action Plan. Wage & Benefit Related Actions of Applicant Pay average of 100%of mean hourly wage reported by the!Burcau Statistics i n its most recent Metropolitan Area OccupationaAnnual Wa a Estimates for South Bend, Indiana Metro oli (Rev.5/13/11) 2 DocuSign Envelope ID: DBF1C726-DE71-4282-AE01-AD6D18F646AD 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 em to ment Provide or contribute to cost of child da care 15 Provide Transportation Assistance to lower income employees such as using 14 ublic transportation, subsidized public transportation orspecial van services. Provide an employer-assisted home ownership program 9 Workforce Related Actions of Applicant Create a s ecified number of new jobs 42 Retain a s ecified 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 Pa 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 ark, 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 I 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 (Rev,5/13/11) 3 DocuSign Envelope ID:DBF1C726-DE7142132-AE01-AD6D18F646AD South Bend Tax Abatement Ordinance Table III-All Other Development Projects From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 &over 7 Additional Requirements All petitioners seeking real property tax abatement for industrial or warehousing developments must agree to work with Workforce Development Services of St. Joseph County or its successor agency when developing plans and recruiting for employment positions created. (Rev.5/13/11) 4 DocuSign Envelope ID:DBF1C726-DE71-4282-AE01-AD6Dl8F646AD CITY OF SOUTH BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2-83.2 of the South Bend Municipal Code, the Petitioner referred to herein agrees to work with WorkOne Northern Indiana, 851 South Marietta Street, South Bend, Indiana 46601 , or its successor agency as a condition of receiving property tax abatement. Great Lakes Capital Development Petitioner's Name Agent's Name Acting on Behalf of the Petitioner Brad Toothaker Contact Person 112 W. Jefferson Blvd. Street Address South Bend, IN 46601 City, State, Zip Code 574-251-4400 Business Telephone Number btoothakerOgreatlakescapital .com E mail Address Signature of Petitioner cc: WorkOne Northern Indiana Chairperson, Community and Economic Development Commi Department of Community and Economic Development 1�Plc'tt °� City Clerk's Office File d in (Rev. 5/13/11) i;ilG '1.. 1 i.(113 I, ...3Ong S®uTM BEtdD,4�+ l cc"GLERK,r _ _w-- DocuSign Envelope ID: DBF1C726-DE71-4282-AE01-AD6D18F646AD C-0, STATEMENT OF BENEFITS zo Pqy zo_REAL ESTATE IMPROVEMENTS State Form 51767(R2/1-07) FORM 58-1/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). B Redevelopment or rehabilitation of peal estate imprcvements(IC 6-1.1-12.14) ❑ Eligible vacant building(IC 6-1.1-12.1-4.8) INSTRUCTIONS: 1. This statement must be submittod t0 the body designating the Economic Revitalization Area prior to the public hearing irlhe designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. O!hery ise this sta!enlent must be submitted to the designating body BEFORE the redevelopment or mhabiolalion of real property for which the person wishes to clam 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 poor to initiation of the redevelopment or rehabilitation, BEFORE.1 deduction may be approved 3. To obtain a deduction.application Form 322 ERA/RE or Form 322 ERA1/60. Whichever is applicable,must be filed with the CounlyAuditor by the later of(1)May 10:or(2)thidy(30)days after the notice of addition to assessed valuation or new assessment is mailed to the properly owner el the address shown On the records or Ibe township assessor 4. Property owners whose Statement or Benefits was approved efter June 30, 1991. must If a Fomt CF-1/Reat Property annually to(ho application 10 show compliance with Iha Statement of Benefits. (IC 6-1.1-12.1-5.1(b)and IC 6-1.1-12.1-,5.36)] 5. The schedules established under IC 6-1.1.12.1-4(d)for rehabilitated property and under IC 6-1.1-12.1-4.8(1)nor vacant buildings apply to any statement Or tenefits approved on Or after July 1,2000. The schedules efreclive prior to July 1.2000,shall continue to apply to a statement of benefits filed before July 1.2000. Na pie of is=p yen I AMress of taxpayer(num icr and street.city stare.and lip cope) I10 toll ial(-air ZI 5cath & Napa,M I CI person t Telephone number - =6; r cl T c c.�<er 57N -7 9 DJ c rz�� w Cr cu . ,e „ _ .,.. . Name of designating body Resolution pumper LoGltion of property -- County DLGC,a:,ng msf1C ni—In' :. ! Sr. y(,t I F' o.ept Description,of real ptppprly linprpvm cols.rCdev((IOpmC'nl,or rehab lilalipn(uSn.Mdihpnal shpNS d neeesan/y1 Est malon,sttan dale(month,day year) c I IJ Estim,!ed cemplelion date(nwnlh.pay,ycaQ (Current number yes • h p1 ia;,Cd :;ala (Number addil rill `1 (Salaries 315, c0o c p • -.r . NOTE:Pursuant to IC 6-1.1•-121 5.1 !di 121 Ine COST of li. prcpe,;y REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values i Plus estimated values of proposed project t1 �`3 7 o T( 10 i Less values of any property being replaced r Net estimated values upon completion of project ( J f Estimated solid waste convened(poenos) Estimated hazaldo w s e Convene IDOtm(/s Other benefits I ? 2013 SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. S.grattur, - Yicpresenlauve Tile Dale signed(niona, day yon') �lI"r`• �_ managing member I 8/8/2013 31A2CD0DE2a046F Page 1 of 2 DocuSign Envelope ID:DBF1C726-DE71-4282-AE01-AD6D18F646AD Date: August 7, 2013 Dear Tax Abatement Applicant: First, let us take this opportunity to thank you for inquiring about the City of South Bend's commercial real property tax abatement program. Next, we want to make you aware of four important items that will help you in your planning process and setting your construction schedule: 1. State law requires that you do not pull any building permit before receiving approval of your tax abatement petition from the Common Council. If you pull the building permit before receiving Council approval, your petition will not be considered. 2. The Common Council requires a minimum of 15 calendar days to examine your petition and our office requires at least an additional 15 calendar days to review it and prepare a report to the Council. This period of time could be increased if your property is located in a Redevelopment Area as approved by the South Bend Redevelopment Commission. 3. The current owner or owners of the property for which the tax abatement is being requested must sign the petition. 4. For real estate developments and new construction involving property boundary changes, tax abatement petitions will not be considered for review until after the development or construction project has been submitted for final plat approval. In response to your request, please find the following three forms and handout enclosed that are titled: Statement of Benefits Real Estate Improvements (Form SB-I/Real Property), City of South Bend Petition for Real Property Tax Abatement (application), Workforce Development Services of Northern Indiana (required for only industrial or warehousing projects) and the handout South Bend Tax Abatement Ordinance Overview Procedures and General Standards. The Statement of Benefits, City of South Bend Petition for Real Property Tax Abatement and Workforce Development Services forms are mostly self explanatory, however, please feel free to call us at 574-235-9371 should DocuSign Envelope ID:DBF1C726-DE71-4282-AE01-AD6D18F646AD you have any questions. Upon completion of the forms, please return them to the City Clerk's Office in Room 455, County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601 along with an application fee of$250.00 made payable to the City of South Bend. We will then be in contact with you regarding the schedule of meetings to complete the abatement process. Once again, thank you for your interest in our program and we look forward to hearing from you. Sincerely, The Economic Division, Community and Economic Development Department City of South Bend RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 215 NORTH SYCAMORE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN (5) FIVE-YEAR REAL PROPERTY TAX ABATEMENT FOR EAST BANK SOUTH BEND DEVELOPMENT LLC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 215 N. Sycamore St., South Bend, Indiana, and which is more particularly described as follows: LOT NUMBER 9 OF EAST BANK TOWNHOMES MINOR SUBDIVISION LOCATED IN THE NORTHWEST 1/4 SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND RECORDED AS INSTRUMENT NO 1100776 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA and which has Key Number 71-08-12-127-004.000-026 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et S�Mc., and has further prepared maps and plats showing the boundaries and such of ur information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation: and F. That the totality c.f benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. 2 SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of(5) five years as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council Signing •,;1 •t `-!;!f^pro�l8 811 oppp�L°, ',X - i e tng and 000(1,ii 3,501 on iiii8 iu^ my' a[ed in Clerk's o ? 4 .:. iii PRESENTED JOiiti: t;± NOT APPROVED 3 CITY CLKt K-j November 8,2013 Council Member Gavin Ferlic,Chairperson Community Investment Committee South Bend Common Council 4th Floor,County City Building South Bend, IN 46601 RE: Real Property Tax Abatement Petition for: East Bank South Bend Development LLC Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a real property tax abatement petition for the above- referenced petitioner. This is a memo regarding a change to the originally filed tax abatement petition and supporting documentation. The original petition called for new construction of a multi-family development. This project qualified for an 8 year of tax abatement of$161,462.00.The original point schedule scored the project at 317 points.As multi-family development the project did not qualify for super-sized points and the petitioner lost points for failing to meet the Department of Labor(DOL)prevailing wage requirement of$ 19.00 for St. Joseph County IN. The petitioner is amending the petition for this project. The petitioner is now calling for new construction of a multi-use development with a commercial component on the ground floor level.The petitioner is changing his prevailing wage from$ 18.00 to$ 19.00. The change from multi-family to multi-use allows the petitioner to score the additional super-sized points. The new point schedule scores the project at 377 points.The new points schedule qualifies the multi-use project for a 5 year tax abatement of$110,022.00. Attached are the new supporting schedules that reflect the change in the petitioner's tax abatement request. The petitioner will still be available to meet with the Committee on Monday, November 25, 2013. Should you or any of the other Council members have any questions concerning the report,orneed additional information,please feel free to call me at 235-9339. Sincerely, Brock Zeeb Director Economic Resources Attachments cc:South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding Kathy Hahn TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: East Bank South Bend Development LLC. DATE: October 31, 2013 On October 25,2013, a petition for residential tax abatement consideration for real property located at East Bank was filed with the City Clerk by East Bank South Bend Development LLC. Pursuant to Chapter 2, Article 6, Section 2-77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION East Bank South Bend Development LLC(EBSBD) is the General Partner and owner ofthe land.EBSBD intends to construct a new 5 story multi-use building located on the East Bank. The 16000 square foot building will be 5 floors tall with parking located on the I" floor. Commercial ground space is approximately 3,200 square feet. Each floor will contain a one bedroom apartment, a two bedroom apartment and a three bedroom apartment,totaling 12 residential units. The total estimated dollar value of the project is $2,500,000.00. Total taxes to be abated during the(5)five-year abatement period is estimated at$110,022.00. Total taxes to be paid during the (5) five-year abatement period is estimated at $172,466.00. Per the petition,the project will create zero permanent full-time and one permanent part-time job within the first year representing a new annual payroll of$23,000 and will maintain zero existing permanent full- South Bend Common Council RE: East Bank South Bend Development LLC October 31, 2013 Page 2 time and zero existing part-time jobs. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted,finds that the petitioner has not been associated with or granted any previous tax abatements. 2. The Building Commissioner has reviewed this petition and finds the properties to be properly zoned for the proposed project. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a (5) five-year real property tax abatement under Section 2-77, Multi-Use Residential Developments. 30-Oct-13 Public Benefit Points Summary* Qualify Earned Available Public Benefit Item: or N Points Points Project Related 1 A. Redevelop a Site that has Special Needs Y 49 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan N 0 36 Sub-total Project Related: 49 120 2. Super Size Projects(point values are cumulative) A. 100%to 199% N 0 25 B. 200%to 299% N 0 68 C. 300%to 399% N 0 65 D. 400%and Over N 0 52 Sub-total Super Size Projects: 0 210 3. Construction Related: A, Employ Local Companies Y 20 20 B. Purchase Materials from Local Companies Y 20 20 C. Require Employees vs.Independent Contractc N 0 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits Y 22 22 F. Require Pension Benefits Y 18 18 G. Maintain Affirmative Action Plan N 0 20 Subtotal Construction Related: 80 141 4. Wage&Benefit Related- A. Pay Target Wage Levels N 0 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 E Provide Transportation Assistance Y 14 14 G. Provide Employer Assisted Housing program Y 9 9 Sub-total Wage&Benefit Related: 114 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs t N 0 41 C. Maintain Affirmative Action Plan N 0 35 D. Provide Targeted Hiring Preference Y 34 34 Sub-total Workforce Related: 76 152 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: 319 1000 Qualification for each Public Benefit Item based on best available information at time of application or good faith deternination if no information available. o m o o 0 o o " Mm O m m ON dOa 00 N r m Omi wm } M N N NJ 16 N M N O co NNNN m M Q !- 0 N o Q O O O O m I(J O O O O o 00666 ro mu; Q mme Q y 0 0 0 0 N O m } ri BOO m N N N 10 s N_m O m N Q L7 � m N M o M 0 0 0 0 o m O m O N N N D N N m O m m 0 m 1 0 0 0 0 N m m m N e d N M M M i O } co �O NO N t0 m � N M M N Z ry N r O m O O O O W O O t0 N N r Q m Q h I� N m 0 0 0 0 0 N N N m m 1� N M or ro m m O J } (V N N �[) ( N O m N N N N In ") N O N N O e N N Q Q ¢ In M y � Q N r C2- N O O 0 O or 0 0 0 0 0 0 0 0 m N n m Q O O � X m m m m m m O O y 0 a 0 Z ' N O } W >Q z O N N N U C N 0 N O N X m m H W L r U O O Q J C 0 0 0 O E o M Q m in O O E O m m m m m M m U O X m m m m m m j x o oo N me 2p � mmmmm Q �0 > v ci vi m No O m cc N ri iO a F vi N vi iri m J m wl iJ CQ L-• Q N N ` X . N Y N N F O O m N N O m Q 0 m X 0 0 0 0 0 N C ry� C1 N N W M 2 N V C � O y a O W ) N N M Q 0 N m v } o m 0 J ma o ,n oo m a w T Q d o m 4 m o m y d C l0 N O ~ T N Y m E c r� 0 o N ' " m > n a � y � t y n T H C N O O A O N a Q E C m J N X X x U Y GJ N U N (0 U Y O a N N N p C W C x b m U m N T Y � U xigN � J � y pl N N O` 0 0 % J N N N N Q a ¢ � z a F 2z 6 C) L E c Q Q E W w m } N N O vUi U 'n U m J G (D U 3 CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s)of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C., 6-1.1-12.1-1, et seq., and South Bend Municipal Code Sec. 2-76 et seg., for this petition state the following: 1. Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made,the proposed use of the improvements,and a general statement as to the importance of the project to your business: Construction of e 5 story mixed use building with ground floor commercial and residential on floors 2, 3,4 and 5 commercial ground floor space is t 1 3,200 square feet. The objective is to teat the market for new residential apartments in South Bend's Central Business District. Each of the floors 2 - 5 will consist of a one bedroom apartment, a two bedroom apartment and a three bedroom apartment. The total d of residential unite is 12. The building is to be built adjacent to the the East Hank Townhomes, facing Sycamore St. Land Size o.lo acres; Building Size 16,00o sq.ft. 2. Describe the overall nature of the business and of the operations occurring at the Property(Please attach an additional sheet if more space is needed): Multifamily building renting to single families with ground floor commercial space. 3. Estimate the dollar value of the project (excluding land): $ 2,500,000.00 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement is: $ 6,100.00 (This information may be obtained from the St.Joseph County Assessor's Office 235- 9557.) 5. (a) The real property for which tax abatement consideration is petitioned (Property)is owned or to be owned by the following individual(s) or corporation(s) (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST(%) East Bank South Bend Development, ILC 121 S. Niles Ave., South Bend, In 46617 100% (Rev 5113111) 1 (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(/,) &V9 Lt VI 6*--? guy 1,9 6. The commonly known address of the Property is: Vacant lot. on Colfax Ave. Z/15, Nom. +4 7. The Key Number(s) of said property is: 01e-5003-04sa0e _ Z Is s7 , Marc , Z18 7 / - 1, UCFO-� 8. A legal description of the above address is attached hereto, a ed ' xhibit and ze5- 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- 1 1. The REAL property where the proposed redevelopment or rehabilitation project will be carried out is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: 12. The redevelopment or rehabilitation project itself will: (a)create permanent, full-time and 1.o permanent, part-time jobs within the first year, representing a new annual payroll of$ 23.000 ; and (b) maintain existing, permanent, full-time and existing, permanent, part-time jobs (including existing, permanent, full-time, minority employment of workers and existing, perma- nent, part-time, minority employment of workers) with a total annual payroll of $ 23,000 for all existing employees. 13. Provide current wage information for existing employees including: base rate,cost-cf- 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 $ $ Managerial $ $ Administrative $ $ 23,000 (Rev 5113111) 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 Part time property manager $16.00 15. Indicate whether your company provides the following benefits (use Y/N): y Health Care Benefits y Pension Plan y Employer Provided Training (recognized or certified training/educational N courses or programs) y Day Care (provide or contribute to the cost of child day care for its N— employees) Transportation Assistance (provide direct or indirect support and assistance to its employees who lack private transportation to get back and forth from residence to place of employment) Employer-Assisted Housing Program (provide an employer-assisted home ownership program) Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the City's Community & Economic Development Department that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 16. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES 2012 $0.00 $0.00 2011 $0.00 $0.00 2010 $0.00 $0.00 2009 $0.00 $0.00 2008 $0.00 $0.00 (This information may be obtained from the St. Joseph County Treasurer's office 235-9531) (Rev 5113/11) 3 17. Please list the number of full-time and part-time minority employees for each of the last three years: Year Full Part Full Part Full Part Black Hispanic Asian Indian _ Other 18. Does your business maintain a written (formal) affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: No 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): No Conversion to residential use of a commercial building "Eligible Building" as designated by the Community & Economic Development Department. No Rehabilitation of a building that is either: (a) on the National Register of Historic Places; (b) designated as a local landmark; (c) located in a National Register or local landmark district; (d) eligible for nomination as a National Register or local landmark; or (e) is rated as Outstanding (0/13) or Significant (S/12 or S/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): No (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. Yes. Market rate multi-family housing in the East Bank neighborhood 22. Does your business provide significant financial support to a Municipal Facility (i.e. municipally owned park, recreation center or cultural arts or entertainment facility or other similar public amenity)? If yes, please explain. No 23. Is your company incurring any of the costs of extension or over-sizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (Please attach additional sheet (s) if more space is needed): No 24. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). 25. Information is required on the construction companies that will be utilized for the construction or rehabilitation associated with the project. (Please complete the table on page 9 of this application). 26. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owners 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: 28. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description is: 29. The current use of the Property is vacant Lot and the current zoning is_ CBD (This information maybe obtained from the Building Department 235- 9554). (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 No 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. No 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: David Matthews Address: 215 E. CoHax Ave City, State, Zip: South Bend, IN 46617 Telephone: (574) 607-4271 E-mail address: david@MatthewsLLC.com 33. If this real property tax abatement is for warehouse or industrial developments, pursuant to South Bend Municipal Code Sec. 2-83.2, please indicate the name, address, telephone number and e-mail address of the person who will work with WorkOne Northern Indiana (WNI) or its successor agency for employee recruitment, and sign the required WNI form attached to the petition. Name: 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): East Bank South Bend Development, LLC By: �AL'6-- (Signed Name) David Matthews. Member (Typed or printed name and capacity of signor if signed by an agent or representative of the owner.) Filed in , 'cif€Ce (Rev 5113111) 7 JoMr2 Ct11'CLERii_Sr,7..J i:i.i3ENd?,IN C A C o 0 O V O 0 J V H 0 d 0 \ C p 0 N C C ` S O C6 G O O N _ d C t6 2 r N O O A o o U > O o O po r " �5 N N c c O y O O -0 d d 00 b N y N lU N T (? [0 O c m F= c ._� cs N ° E c L N �O O i N C O c 6 C CC. � Zc - O N h O Q � U N 3 O 0) m O = a C O O T "^ Cp _ ' [1 E w o = Ned aydi o o m �, C17'4�CLEiiKPyvw::-rl RIND,IM C O d y m cn = vc a y o 0 L N 'O N d J c C m N y UO O p 3 y N d d � J O. Z z m a CEo t9 @ O �6 q O N Z O.� O U O CL (D ' c. `o E F F C� � oEE ° U _� c N O v-• C) •- CV ('M V L6 CO r--: G9 0) O J .- N Ch V Lo t9 O O N J Z co m O `- CL a) c u- 3 N •.R. m C _ o o c o o Emc .Ed •m e�i m z w $ E o N ¢ ¢ a U N 3 m m TNL c 'a c £ ac = @ ,°; ° Z m c0Eo £ m O c Q w o m ` aov? a r- = m o mkt (Dw �- € c� ° a t c c L Q O D o � 3nc .Uc m o o � ° t4 a s T L U o L m �C d &d: Z ca L N -N- -L 0D :E N 'C = ` $ a -:t F ¢ 0 0 0 a 0 ' Filed in Office` m m 0 o c -0 m 7 N ` a � � = 0 0Y w� � ZO13 { y Y ° E Q ¢ ° U o o @ o E 'o o n• �'-j K } CITY CLERK,$; si i Pi fiE;`ai;,iPd CL V L ` O D. N aJ m y n G o a � L = E G N N V O ,c m p fa y of C o f , O U o N p o O ,c m +., O. o 0 0 o c o 1D = u o E c Uz n m c m L p O V o w — « -Vp m U _ o d o o ` O D 0 3 ) m t 5a) O .0 c o ¢ Z o o a 0- CO a) D o ' N E d)'L" o a) U O aNj COV U N L 3 l4 t` r N m m o 3 u N c o o c _ m CL-r o o , o E EoO0 coo U ¢ O V N N c 0) a) C p 2C 'O O C C E 00EMCL V � N a m C vo m i a� oo ° o 0 c m cu woo� o aM mom a E > CU o E o m C E m c " m L c N r ( ¢ m p - U U m — o o O N E > O an) � E o a v m .- O N U O Q O O N ton 3 m o m-c -� U o E 'Z Z ca 0 � 0 33 a �° o ¢ eca � m0 m � a m o c y -- •o n o V o 0 �• ., ymod O > v m ° Eo f- 0 F- C) "m C C ' NUS NM V N tot` C6ai0 J NM4 �G 0 .O 2 >cu a- y Z V C @ m U O N J Z F South Bend Tax Abatement Ordinance Overview Procedures and Ceneral 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 An n.a. No 5 Office CBD 15,000 sf 5,000 sf Yes 3 Office EBDA,TAIA 7,500sf 5,000 s£ Yes 3 Retail CBD, EBDA, TAIA A_ny 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 rooays 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. &Machine 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[lie City's direct investment in infrastructure support. 0 A Memorandum of Agreement is executed which speaks to: • The conditions of the abatement • The timeframe for actions • An agreement to respond to surveys related to compliance (Rev. 5/13/11) South Bend Tax Abatement Ordinance • An agreement to grant access related to compliance inspections • Any events that might cause termination or payback actions • The applicant must be current in their taxes. • There must be no pattern of local, state or federal law or regulatory violations. Add-On Abatement One to seven additional years abatement may be considered for projects involving certain commercial real property(listed above) that achieve Public Benefit Points described in the following tables: Table I 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 Yes:49 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 s . footage required to meet base year criteria)Cumulative! 100 to 199% 25 200 to 299% 68 Yes: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 yes:20 reasonably available local) Purchase 75%of materials local) of that which is reasonably available locally) 20 Yes: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 Yes 22 http://www.access.gpo.gov/davis.baron/. 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 Yes:33 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 Yes:34 Contribute to pension or retirement plan 29 Yes:29 Provide training to employees which consists of certified training or educational 28 Yes:23 courses or programs conducted within or outside the place of employment Provide or contribute to cost of child day care 15 Provide Transportation Assistance to lower income employees such as using 14 public transportation, subsidized public transportation orspecial van services. Yes: 14 Provide an employer-assisted home ownership program 9 Yes:09 Workforce Related Actions ofApplicant Create a specified number of new jobs 42 Yes: 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 Yes: 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 ark,recreation, cultural arts or entertainment facility- Public Benefit Points and thresholds for Additional Abatement Years Total: 402 The following points must be achieved to cam 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 39v 394 & over 7 X:402 pts. 3 Years+7 Additional Years: 10 Years (Rev.5/13111) 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. 1 Filed `s^ office (Rev.5/13/11) 4 CITY CLEAK,,S U i if BEND,IN 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 8, 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: 377 Base Years of Abatement 3 Additional Years of Abatement: 2 Total Years of Abatement: 5 CITY OF SOUTH BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2-83.2 of the South Bend Municipal Code, the Petitioner referred to herein agrees to work with WorkOne Northern Indiana, 851 South Marietta Street, South Bend, Indiana 46601 , or its successor agency as a condition of receiving property tax abatement. East Bank South Bend Development, LLC Petitioner's Name David Matthews Agent's Name Acting on Behalf of the Petitioner David Matthews Contact Person 121 S. Niles Ave Street Address South Bend, In 46617 City, State, Zip Code (574)607-4271 Business Telephone Number DavidQ MatthewsLLG.com E-mail Address S ggna�r'6 of etitioner cc: WorkOne Northern Indiana Chairperson, Community and Economic Development Committee Department of Community and Economic Development City Clerk's Office Film, (Rev. 5113/11) liy 2 o ?013 I CrrY CLERK,s.­;• 4 BEND,IN t M STATEMENT OF BENEFITS 20_PAY 20_ REAL ESTATE IMPROVEMENTS State Farm 51767(R21 1.07) FORM St3-1 I 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): II 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) INSTRUCTIONS: 1. This statement must be submitted to the bodydosignating the Economic Revitalization Area prior to the public hearing if the designating body nequ6os information from the applicant In making its decision about whether to designate an Economic Revitalization Ares. Otherwise this statement must be submitted to Me designating body BEFORE the redevelopment O mhabllftation of reel pmperty far which Me person wishes to claim a deduction. Projects"planned or committed to after July i, 1987,and areas designated after July 1, 1967,require a STATEMENT OF BENEFITS. (1C 6-1.1-12.1) 2. Approval of Me designating body(City Council,Town Board,County Council,etc)must be obtained prior to Inithaflon of Me redevelopment or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction,application Fomf 322 ERAIRE or Form 322 ER"8D, Whichever is applicable,must be filed with the County Auditor by the later oP(1)Mey fo;or(2)thirty(36)days after Me notice of addition to assessed valuation or new assessment is maded to the property owner at the address shown PP the records of the township assessor. 4. Property owners whose Stalement of Benefits was approved after June 30, 1991,must attach a Form CF-f/Real Property annually to the application to show compfiance with the Stalememof Benefits. pC 6-11-12.1-5.1(b)and IC 6-17.12.1-5.3Q)j 5. The schedules established under IC 6-1.1-12.1-4(d)f or rehabdltated property and under IC 6-f.1-f2.1-4.8(1)for secant buildings apply to any statement of banefds approved on or after July 1, 2000. The schedules effective prior to July 1,2000,shall continue to appy to a statement of benefits(led before July 1,2000. e Name oftexpsyer East Hank South Bend Development, LLC _ _ . Address of taxpayer fnumoerand slreel,city,state,an'Zip-ds) PO Box 338, Notre Dame, IN 4556 Name of conduct person Telephone number C-mail address David Mathews :David @MatthewsLLC.COM 223=1 . •. Name of desigaI body Resolution number Location of prowy SZ fly DLGF sexing district number St.Joseph Description of real property Improvements,redevelopment,or rehabllid illoo(use additional sheets i1 necessary) Fsdtrnated Stan dale(month,day.yeafj December 15,2013 Ee'idnated mnpletbn date(mad11,day,yeal) August 15,2014 Curren)numberSaUri s' Number reuirrad ISalaras Number addblonal Salaries 0 0 0 0 0.5 $23,000 NOTE:Pursuant to IC 6-1.1-12 1-5.1 (d)(2)the COST of the property •_ REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSEDVALUE Curtent values $6,100 1 Plus estlmaled values of proposed project $2,500,000 $2.500,000 Less values of any property being replaced $6,100 $6,100 Net estimated values upon cam of project $2,5001000 $2,500,000 EsUmated solid waste convened(Pounds) ___ Estimated hazardous waste converted(pounds) Filed ffiee c " 2..) a13 JOr ' CITY CLEf$ie. 5'..:::s ii SEND,IN I hereby certify that the representations In this statement are true. nature of authorized rep lathe ----- -- Tde Date sig (coon ,day,year) SO Member ((� C} •< Page 1 of 2 St.Joseph Indiana, Assessor Page I of 1 St.Joseph Indiana, Assessor generated on 111412013 7:06:49 AM CST Parcel Parcel ID Parcel Address AV-Total Land &Data as of Improv. 71-08-12-127- VAC LOT COLFAX 10/29/2013 2:37:00 004.000-026 $23.800 PM Owner Information Owner Name East Bank South Bend Development LLC Owner Address PO Box 338 Notre Dame IN 46556 Transfer Date 01/04/2011 Location Information District No. 026 Section& Plat Area No. 011 State Assigned District No. 026 Parcel Address VAC LOT COLFAX Routing No. 8-12B Parcel Address VAC LOT COLFAX Legal Desc. Lot 1 East Bank Townhomes Minor Sub& Pt S1/2 Vac Alley N&Adj 12/13 Vac Ord#10053-10 NP# 132 01-06-11 Parcel Information Topography Services Zoning Level Y Water Y Property Class Code 500 High N Sewer Y Neighborhood Code 7126069 Low N Gas Y Neighborhood Factor 100.00 Rolling N Swampy N Electricity Y Neighborhood Type B Sidewalk Y Property Type P Street or Road Code A Flood Hazard Waterfront Pro e T Alley N Assessment Information Current AV-Total Land $23,800 AV-Res. Land&Lots $23,800 Legal Acreage .0000 Current AV-Total Improv. $0 AV-Res. Improv. $0 Average AV/Acre $0 AV-Total Land&Improv. $23,800 AV-Res. Land& Improv. $23,800 Appraisal Date AV-Commercial Land $23,830 AV-Non-Res. Land $0 Reason for Change Code 19 AV-Comm. Improv. $0 AV-Non-Res. Imp. $0 Prior AV-Total Land $23,800 AV-Comm. Land&Imp. $23,830 AV-Non-Res. Land & Improv. $0 Prior AV-Total Improv. $0 AV-Dwelling $0 AV-Classified Land $0 Adj. Factor Applied 0.00 AV-Farmland $0 AV-Homesite(s) $0 http://in-stjoseph-assessor.govemtnax.com/propertymax/ACAMA_Indiana/tab_parcel_vO7... 11/4/2013 I'T -T U. I LOT lh 'HE�E OF THE EM OF W TEND LY 14' ALLEY'B-- P.O.B. - -- --------- qk:E, V., EO ;,�'Vso- Q6 4k,- 0 4�, , I 44, UNC 0 SCALE IN FEET: '0...... HO lEOEl,fsso SCALE: I = 20 MATIF TABLE w L4 lO'W 'T""OE, 'FEW EYCAWMY[M..'HT S; 'c.O TO 1121T. O� HOn, I"Ii.w COLFAX AVENUE 82.5- M/lF ,1210 H, S 7722�:20:w ,n 1.w ex' L11 S...F CURVE TABLE M. �l 21 111—1 LEGEND F k:. � •� �, gp[COMMEIIC[�QNiEI � N � • { 1 r 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 1106201h Street, 1112 201h Street, and 2007 North Side Blvd. AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN (9) NINE-YEAR REAL PROPERTY TAX ABATEMENT FOR MECCA COMPANIES, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1106 20u' Street, 1112 20`h Street, and 2007 North Side Blvd., South Bend, Indiana, and which is more particularly described as follows: PARCEL I: Lot Numbered One (1) and a lot or parcel of land 38.35 feet in width, North and South, taken off of and from the entire length of the North side of Lot Numbered Two (2) all as shown on the recorded Plat of Riverview Subdivision in the City of South Bend, St. Joseph County, Indiana. PARCEL II: Lots Numbered Thirty (30) and Thirty-one (31)as shown on the recorded Plat of B.F. Dunn's First Addition to the Town of River Park, now within and a part of the City of South Bend, St. Joseph County, Indiana, together with the vacated alley lying in between said tots. and which has Key Numbers 018-6135-4692, 018-6135-4694, and 018-6135-4696 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et sec ., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION I1I. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. 2 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(9) nine years as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana _Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council S1gn�+9°f Ii:'t^1'"Y-�c t0 PAS 88t1d ;ierk's Office 1 PRESENttG � -. - NOT APPROVED 3 LCYi ' %DOPTEO %bUl'ry BF 227 W.JEFFERSON BouiTVARD X04 1 I ['HoNF: 574/235-9371 SUITE 1400S. �i", FAX:5741235-9021 SotrrH BEND,IN46601-1830 � 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD. EXECUTIVE DIRECTOR November 5, 2013 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Multifamily Real Property Tax Abatement Petition for: Mecca Companies, Inc. Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a multifamily real property tax abatement petition from the above-referenced Petitioner for property located at 1 106 20Lh Street, 1 1 12 20°' Street, and 2007 North Side Blvd. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The Petitioner, Mecca Companies. Inc. proposes to rehabilitate a multi-family development with hard costs of$3,700,000. A representative of the Petitioner will be available to meet with the Committee on Monday,November 25, 2013. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-9339. Sincerely, VZb Broc Director, Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding AS515'FAM ExFCLTFIV[DIRFCOR RIANNINC N FRAI RORHOOD ENGA(A.1,11 N I ECONOA4IC RrsouRcrs CHRg FIFIDIN6 jI'I'WKIF 111NF.IA C.AQF YT.R RNOCKZIfR ybU Tq @F� 227 W.JFrrrRsoN Bold[:vARD �or I. I / I l ION L;574/235-9371 Srrrr 14005. Fnx:574/235'9021 SoImI BI:NO,IN46001-1830 CITY OF SOUTH BEND PETE t3UTTRAEG. MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR TAX ABA TEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAI IN SUBJECT: MULTIFAMILY REAL PROPERTY TAX ABATEMENT PETITION FOR: Mecca Companies, Inc. DATE: November 5, 2013 On November 1, 2013 , a petition for residential tax abatement consideration for real property located at 1106 201h Street, 1112 201h Street, and 2007 North Side Blvd., was filed with the City Clerk by Mecca Properties, Inc. Pursuant to Chapter 2, Article 6, Section 2-77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION Mecca Companies, Inc. intends to purchase the site from South Bend heritage Foundation and Amir Pouya. Mecca Companies, Inc. is a real estate development firm located in Indianapolis that specializes in student housing projects. Founded in 2006, Mecca has developed over 1,750 units throughout the Midwest. They plan to acquire and rehabilitate the Northside Terrace Apartments near the campus of IU South Bend. The site currently has 44 units. There are three buildings and one is vacant. They will modernize all three buildings and the vacant building will be completely reconfigured. After completion, the site will have 66 units. The land acquisition is 52,125,000 and the building improvements will be $3,700,000. Total taxes to be abated during the (9) nine-year abatement period are estimated at $317,194. Total taxes to be paid during the (9) nine-year abatement period are estimated at $1,157,920. Ass1STAN'r ExRCIIrIvEDIRi CIOR PIANNIN6 NF.I(in R n oRHUo EN(,A(4At1NT EcoWm IC RFSouR(_ PS n .VM CHRIS FIFI DING 'I'IV IC4I'r IAFL GA11Yr1t 13ROCK7ER South Bend Common Council RE: Mecca Companies, Inc. November 5, 2013 Page 2 Per the petition, the project will create two permanent full-time and zero permanent part-time job within the first year representing a new annual payroll of$68,640 and will maintain zero existing permanent full- time and zero existing part-time jobs. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been associated with or granted any previous tax abatements. 2. The Building Commissioner has reviewed this petition and finds the properties to be properly zoned for the proposed project. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a (9) nine-year real property tax abatement under Section 2-77, Multi-Family Residential Developments. City of South Bend Petition for Incentives Legal name as registered with secretary of r State Annex of South Bend, LLC Business structure Limited liability company Company vrebslte http://www.meccacompanies.com/ Proposed Project Information Proposed project address Parent 2007 Northside Blvd. company Mecca Companies, Inc. name City,State,Zip South Bend, IN 46615 sit acreage or acreage required 1.09 legal owner South Bend Heritage Foundation & anir Pouya Square feet of facility? 85,986 Istherealestateownedor Owned eased? Primary,company contact name Rob Martinson Title VP of Development Address of company contact gl l Main St. PhO"° 617-304-1439 City,state,Zipy� Indianapolis. IN 46220 Emeil rob C meccacom pan ies.com ''' Company senior official name Kyle Bach Tiple President�c& CEO Address of company contact(if different from 911 Main$t. Phone 074-234-5655 above City,State,Zip ndianapolis, IN 46220 Small kbach @meccacompanies.com Hired business con;ultant/agent name Consultant release approval Pete Agostino Yes Address 131 South Taylor Street toal economic development n/a partners release approval Cityitate,Zip South Bend, l9diana ;6601 eman agostino @aaklaw.com Brief description of your company and project Mecca Companies. Inc. is a real estate development firm based in Indianapolis, IN that specializes in student housing projects. Founded in 2006, Mecca has developed over 1,750 units throughout the Midwest. This project will involve the acquisition and rehabilitation of the Northside Terrace Apartments near the campus of IU South Bend. The site will be re-named the Annex of South Bend. The site currently has 44 units and three buildings (two occupied and one vacant)that have not received updates in recent years. The rehabilitation work will focus on modernizing the buildings to meet the demands of students,with the vacant building being completely re-configured and the other units receiving significant renovations. Upon completion, the site will have 66 rental units.As can be seen in the investment detail below, the project will include a significant investment in the South Bend community. Certified Technology park appropriate? No Community Revitalization Enhancement District? No Certify that the Building permit has not been Issued(yes/NOj Yes M this is a petition for personal property tax abatement.has the equipment been Installed? n/a New Promect Investments I Calendar Year 2013 2014 1 1 16 2017 2018 1 1 1 (2) Land Acquisition 2125000 Building Lease Payments Building Purchase Costs New Building Construction Ealsting Building Improvements 3700000 New Machinery&Equipment 170000 Special Tooling/Retooling New Furniture/Fixtures 60000 New Computer/n Hardware New Software On-site Rail Infrastructure On-site Fiber Infrastructure 6075000 0 0 ntr 4113a.:fil:iu3atT Public Infrastructure needs(Off Has any 504 funding been what is the value of any equipment being purchased in what is the value of any equipment being site of projecQ received? Indiana for the project? purchased from out of state for the project? $ 0 no Approximately 60% Approximately 40% r� rt . �JRIIUx�A:?ul�.d III I rjt,IJY.it �7I.IL'Jz1l�l'i I}T J'Ns�-.�al':1.'r'1:3J� if v- � ...' Calendar Year Jobs retained Total Immly Cumulative cof net N"%full time Hourly average wage,w/o Totaltraining Totalatobe wage wlo pernrxnenl jobs created at project benefits or bonuses,of expenditure trained-not fdnye cumulative net new jobs not cumu lali- bonuses cumulative Now 0 0 2014 2 516.50 2015 2016 �'• 2017 2018 w 2019 ly 2020 :d 2021 's- 2022 2023 ri 2024 it Provide hourly wage information for new employees in the following positions. Full time part time laborers $ $ Technical 5 5 Managerial $ 16 50 $ 16.50 Administrative 5 16.50 5 51 Who will be the Individual responsible for coordinating with The property manager(not yet hired)will be responsible for coordinating with WorkOne WorkOne on recruiting? I c Does your company have an EEO hiring policy? Are you an EEO employer? Yes Yes (1) Building purchase costs lumped into land acquisition costs of $2 , 125, 000 . (2) There will be minimal investments in equipment and FF&E after 2014 that are not currently calculated. Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project.Please qualify complete the table below with the appropriate information. If you quality (yes or No) Earned Points Available Points for the points,please enter the full amount of available points. 1 Construction Related(Contractcrsl: A. Employ Local Companies(75%) no 0 20 B. Purchase Materials from Local Companies(75%) no 0 20 C. Require Employees vs.Independent Contractors yes 19 19 D. Require Prevailing Wage(Davis Bacon) no 0 22 E. Require Health Benefits yes 22 22 F. Require Pension Benefits no 0 18 G. Maintain Affirmative Action Plan yes 20 20 Sub-total Construction Related: 61 141 2 Wage&Benefit Related(DWner): A. Pay Target wage Levels yes 33 33 B. Provide Health Benefits no 0 34 C. Provide Pension Benefits no 0 29 D. Provide Training yes 28 28 E. Provide Child Care no 0 15 F. Provide Transportation Assistance yes 14 14 G. Provide Employer Assisted Housing program yes 9 9 Sub-total Wage&Benefit Related: 84 162 3 Workforce Related: A. Create New Jobs yes 42 42 S. Retain Existing Jobs yes 41 41 C. Maintain Affirmative Action Plan yes 35 35 D. Provide Targeted Hiring Preference yes 34 34 Sub-total Workforce Related: 152 152 4 Support a Municipal Facility: A Support a Municipal Facility(donations to the zoo, conservatory,museum,etc.) yes 84 $4 Name of Facility TBD Sub-total Municipal Facility: 84 84 Sub-total from Above: 381 539 The undersigned owners)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C.,6.1.1-121-1,et sea.,and south Bend Municipal Code Sec.2-76 et sea.,for this petition state the above. Rob Martinson t . . 10/22/2013 For Staff Use Only Below This Une What Is the current assessed value? What Is the projected assessed value? What is the key number for this project? What is the six digit NAIes code? Please attach a Google map and street view of the location. Please fill out the following Public Benefit Summary Information and add to total from above. Qualify Earned Available V or NJ Points Points Public Benefit Item: 5 A. Redevelop a Site that has Special Needs 49 B. Develop Based on local University Research 35 C. Achievea Physical Element of a Plan 36 Sub-total Project Related: 0 120 6 Super Size Projects(point values are cumulative): A. 100%to 199% 25 B. 200%to 299% 68 C. 300%to 399% 55 D. 400%and Over 52 Sub-total Super Size Projects: 0 210 7 Pay for Municipal Infrastructure: A. Pay for Oversizing or Upgrading 14 R. Pay for 26-50%of Extension Cost 26 C. Pay for 51.75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost 52 Sub-total Infrastructure Related: 0 131 Total from Applicant Section: 381 539 Total from Staff Section: 0 461 Total Public Benefit Points: 381 1000 riled Qn Qr � f ' CITY CLEAk, JO6-rH OFNID,IN 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: 570 Base Years of Abatement 3 Additional Years of Abatement: 5 Total Years of Abatement: 8 Real Estate Description of Site PARCEL I: Lot Numbered One (1) and a lot or parcel of land 38.35 feet in width, North and South, taken off of and from the entire length of the North side of Lot Numbered Two (2) all as shown on the recorded Plat of Riverview Subdivision in the City of South Bend, St. Joseph County, Indiana. PARCEL II: Lots Numbered Thirty(30) and Thirty-one (31) as shown on the recorded Plat of B.F. Dunn's First Addition to the Town of River Park, now within and a part of the City of South Bend, St. Joseph County, Indiana, together with the vacated alley lying in between said lots. Legend �:4tstJ1. a1 + ) Project Site A Image Date: 04-29-2011 o „o 220 330 140 , . 1 Inch = 124 feet y w , t 7 J ! t W� IIK. tr _ ✓x, , x 'i tL�rY t (' 11 F ' a r" v r ILI 0 . -4 Vogt Sante N /'. Insights t , r i ! t I _ t - a Si \ i r r � � I, MWW J 7 - r\\E4 ! \ k 0 1-. . E \- G a &: - -- -- - � � z - - - � - _ . . - . , . 1-111 ( / !#_, / (?�, 1� 0 , l 3 -KC) 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 212-220 WEST EWING AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR DEMBY ENTERPRISES, LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 212-220 West Ewing, South Bend, Indiana, and which is more particularly described as follows: Lots numbered four (4) through forty-eight (48), both inclusive, as shown on the recorded plat of Stover- Longley Addition to the City of South Bend as platted by Silas E. Longley and Burton H. Stover, which plat was recorded February 24, 1915 in Plat Book No. 9 at page 187 in the Recorder's office of St. Joseph County, Indiana. Also the vacated alley lying South of Lots 4 to 8, inclusive, in said Stover —Longley Addition and the vacated alley lying East of Lots 28 to 46, inclusive, in said Stover-Longley Addition. Also the South half of the vacated alley lying North of Lot No. 9 in said .Addition, also, the whole of vacated Victoria Street as shown in said .Addition; also, the whole of vacated Lafavette Street lying between Ewing Avenue and Fairview Avenue in said Addition, excepting the West half of that part of Lafayette Street Nvhich lies East of Lot Numbered 3 and the North half of the vacated alley lying South of said Lot No. 3: the whole property herein considered being bounded by a line running as follows: Beginning at the North-west comer of Section 24, Township No. 37 North, Range No. 2 East; thence running South 1009 feet, thence East 384.7 feet to the West line of the right of way of the Vandalia Railway; thence North with the said right of way 1009 feet to the North line of said Section No. 24; thence West 383 feet to the place of beginning, excepting therefrom such part of said real estate as is now occupied by Ewing Avenue and Fairview Avenue in said city, excepting also a strip of- land 7 feet in width. East and West, taken off from the entire length of the West side thereof. heretofore conveyed as the East half of a public alley and excepting also the following: Beginning at a point on the present South line of Ewing Avenue 7 feet East of the West line of said Section No. 24; thence running East 149 '/, feet to the center of vacated Lafayette Street; thence South 107 feet to a point in line with the centerline of the alley lying between Lots 1,2,3 and 9 in said Stover-Longley Addition; thence West 149 3/! feet to the East line of said Stover-Longley Addition; thence North 107 feet to the place of beginning. and which has Key Number 71-08-24-101-003.000-026, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et sec., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et sue., and South Bend Municipal Code Sections 2-76, et sue., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et sue., 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 Petititner 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 inft..ination was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to iustify 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 Aree and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property t:x abatement. SECTION V. The designation as an Economic Revitalizatio ; 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 seven (7) years as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council or. 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 he Mayor. Member of the Common Co neil Soing of F-, "! is onty to prov'de an 8 opporr:nhr cur !��:U':., h8�ii111 8nd cotulcil action on this!S64 i PRESENtED - ,r NOT APPROVED ADOPTED SO('TN BF 227 W.JEFFERSON BOUI.FVAaD a0 ` I I jr 3O PHONE 574/235-9371 SUITF 1400S. �A c FAx:574/235-9021 SmTm BEND,IN 46601-1830 1?E,CCL y' 7865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR November 14, 2013 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: DEMBY ENTERPRISES, LLC Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a commercial real property tax abatement petition from the above-referenced Petitioner for property they intend to rehabilitate due to fire damage identified as 212-220 W Ewing Avenue. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The Petitioner, Demby L?nterprises, LLC . proposes to rehabilitate the building at a cost of$1,858,024. A representative of the Petitioner will be available to meet with the Committee on Monday, November 25, 2013. 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, Brock Le' eb Director Economic Resources Department of Community Investment Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding ASSIST ANT ExFCuTIVE DIRECTOR PIANNING NEIGHBORHOOD ENGAGFMFNI ECONOMIC RESOURCES CHI¢I@FIPI DIN(, JITINIKAIN PAMELA C.NEYYR HROCKZEP6 TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: DEMBY ENTERPRISES, LLC DATE: November 14, 2013 On November 14, 2013, a petition for real property tax abatement consideration for property identified as 212-220 West Ewing Avenue was filed with the City Clerk by Demby Enterprises, LLC. Pursuant to Chapter 2, Article 6, Section 2-82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY Demby Enterprises LLC actively manages the property. The real estate property is a cold storage warehouse facility with maintained temperature capabilities between -5 degrees and +40 degrees. The real estate is currently ]eased to Plumrosc USA. Plumrose occupies 100% of the facility. Plumrose is a bacon and processed meat manufacturer that uses the property for inventory management and distribution. There is daily in and out semi-truck activity at the property. Demby manages the property for their use. Demby sustained a substantial fire loss in November 2012 rendering the property unusable for its intended use. The petitioner submitted a report showing the assessed value to be $450,300 but this assessed value does not reflect the effects of the fire. The petitioner is going to appeal this assessment and the petitioner indicates that his estimated value of the property is approximately $225,150. For our apreadsheet purposes the lower assessed value of$225,150 has been used to calculate the taxes presently on the building. RE: Tax Abatement for Demby Enterprises, LLC November 14, 2013 Page 2 The petitioner intends to install new state-of-the-art mechanical and refrigeration equipment to return the building to its use as a cold warehouse storage and distribution facility. The equipment is substantial in nature and actually becomes part of the building much like a fixture. For this reason this application is being processed as a real property abatement rather than a personal property abatement. Precedent has been set for this process. In a similar situation for another food manufacturer, a real property abatement was granted for their refrigeration coolers which were also more like fixtures to the real estate. Additionally electrical service will be enhanced and upgraded. Building fapade and truck docks will be remodeled for business purposes as well as beautification. The cost of the project will be $1,858,024. The project is necessary for economic growth because in its absence Plumrose would relocate operations outside of our area and eliminate employment. Additionally, without the project the property is likely to become vacant and remain in disrepair. Assuming a seven-year abatement term ,the total taxes to be abated during that tenn are estimated at $161,040. Total taxes to be paid during the seven-year tern are estimated at 5297506. EMPLOYMENT IMPACT Per the petition, it is estimated that the project will create two new, permanent full-time positions over two years. They will retain twenty-threc (2 1) existing permanent full-time positions, with a total annual payroll of$66,935. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner 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 Development Area. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for up to a seven-year real property tax abatement under Section 2-83-1, Warehouse Development in the City-wide District. 14-Nov-13 Public Benefit Points Summary' Qualify Earned Available Public Benefit Item: or N Points Points Project Related: 1. A. Redevelop a Site that has Special Needs N 0 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan N 0 36 Subtotal 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 Y 20 20 B. Purchase Materials from Local Companies Y 20 20 C. Require Employees vs. Independent Contract( Y 19 19 D. Require Target Wage Levels Y 22 22 E. Require Health Benefits Y 22 22 F. Require Pension Benefits Y 18 18 G. Maintain Affirmative Action Plan Y 20 20 Sub-total Construction Related: 141 141 4. Wage&Benefit Related: A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 Sub-total Wage&Benefit Related: 124 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub-total Workforce Related: 118 152 6. Pay for Municipal Infrastructure:(point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26-50%of Extension Cost N 0 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: 476 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 41.5 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 476 Base Years of Abatement 3 Additional Years of Abatement: 4 Total Years of Abatement: 7 \\ \\\\ \ \°\ \k\ E\&)K! ( 2 \ \ j Luj �)k o \! �/} Ea \ - � m E V 2 o _ )! ow o Project Number 20E30033•REV 1 Pr�Ros of Project Information DEMBY ENTERPRISES,LLC LIMITED LIABILITY COMPANY G` NONE PropozeA pro7ett addrss- ' 212-220W.EWING AVE. •er•ni paq N/A CIry,State,LP legalowner »',qI ,i!'e SOUTH BEND, 46fi13 "'�;-. DEMBY ENTERPRISES,LLC site aceage w acreage regwred 778 ACRES Is the real mate G(E?t OWNED Sgwre(ce[of/"ditty Ifleasedbywbwn':?: :1P P�umre , e. USA APPROX.70,000 Sq Ei. PtlmaryCOmpany runtad ame title DEN SILVER MANAGER Address of company rant act 1835 RIDGEWOOD CIR PI1One (574)734-0484 Clhsus.,]lp SOUTH BEND, NDIAYA 46617 t"""I NONE ABUa�•�� II '111L1 Company Sensor of"dal name JOSHUA SILVER �P'1' MANAGER Address ottompamy ontad QfdlReremt tram SAME SAME above Oty,State,2lp SAME Email SAME Hired buslness2vnsvltant/a6ent name IE11 MCGOWAN,CPA IS LAN ro Ita t,Aease app 1 � Y �� Address 2105.M ICHIGAN ST.,STE.200 tooldonomide,dopm<m wn�<s,elease app,wal Ory,Stala,Zip SOUTH BEND,INDIANA 46601 tmun s Brld Eesvlpddn olynul <ampany,projed,andwhyfie Demby Enterprises,LLC actively manages the real estate property. The real estate property l sa cold storage prppertyis necessary}or warehouse facility with maintained temperature capabilities between-5 degrees and e40 degree s. The real estate emndmlc growth Is currently leased to Plumrose USA. Plumrose occupies 100%of the facility. Plumrose is a bacon and processed meat manufacturer that use the property for Inventory management and distribution. There is daily in and out semi-truck activity at the property. Demby manages the property for their use. Demby sustained a substaintlal fire loss In November 2012 rendering the property timetable for its intended use. The current project proposed will not only rehabilitate the building but also allow for efficiencies and enhancements. New,state-of-the-art mechanical and refrigeration equipment will 6e conrtrueted to return the ,.yl, building to its intended use of being a cold warehouse storage and distribution facility. The equipment Is substantial enough in nature that it becomes part of the real estate and essentia sly completes the building/real estate. Additionally,electrical service will be enhanced and upgraded. Building facade and truck docks will be remodeled for business purposes as well as for beautification. The project is necessary for economic growth because In Its absence Plumrose would relocate operations outside of our area and eliminate employment. Additionally without the project the property is likely to become vacant and remain In disrepair. Cmilled Tech cIi,,Paik aproyialcP Ccmmunity RMeairatlon Enhanremen[ nirokti C,mfy that the Euadmg Permit hu not b ven laud(YeifNm) d'ha h a petition Nor p ersora I propeM tac +hm<m vn,nas me eeuip,neot peen innanee➢ Calend;tr Year 2013 2014 2015 2016 2017 2018 2019 a Newswohn,contie.gatm 1$1.858,0241 1 Calning Belief.,Improvements New Ma hme,&Eq.ipment Speclal-roolingfRetooling 1 71 171 New Fmmur,,/FI mon New Computer/R Hardware New$oftwara nn-slle Rail IAa,V.Rme On-site Fiber Intrartruaure E-7 Puhll,Inlr..r-rtureneeds 00e 1"'a,any 507/vntling been What is Ne valueofanyequlpment hem purcnasedn What li the value of any equipment beln, sue of pralect) rerelved2 Indiana for the prolett? purchases from out of state/or the proJea2 0- asq Calendar Year Jobsretained Total hourly Cumulative a of net NEW full t me Na:rly avera>:e wage,w/o total vainn, Tmal 4lo bc• wage w/o pcmanent jobs vcated atprofect Eenef is or COnusa,of e+pentllture trained-not hmgear amula.ve nelnew jobs not Cumulative bonuses, cumulative Now 23 $16.G9 2014 :S 1 512.27 unk. 1 2015 r r yr,'.� I 1 $19.91 uck. 1 2616. n 4• ;•¢C.vC' e '< 1 2017.', 2018. „3 2019 ,_ ✓, r`._. 2621 2022 2023 2026 Piovde hourly wage Information for new employees In the following pentflons. "+"q y,. YW'ada,....� FulIrimc pan tom ' x . 1aboru S Todhulol•' $ $ M anageml 5 19.91 $ :dmlolsvatice 5 5 W ho w II be the Indi„idualli? resporulhk fo mordinatingr`wltfi �Nm(-p Ste. �I onr'y'emllung7 yes(Plumfose) r „ �y yes(Plum,--% J( a two 306s 'Fr;r sett –w.r. ae^a. vaaae,.c i 4� n e e •t n t t Please tam e e w era ro ate in orma o F d om a a Iabte Po gq acT7H,t7i d3 1 • atwNoJ r •. to ._.�.t_ t.t1 _. Per youq ah�foy,, tg p� plea�ete t1��fu�J�a,�nount a/avails r'" ,. 1 �-�[onstruiLon ee't4ated(Cori[ibGdrsl , �', A . Employloml4C�'mpanies(75Y)y? ,^;- � 20 ;,.B1 ', purchasejdate'nialsfiortl Loral COrfipames{75y); � rap C. "r Rre`q�Ysire E)nployeeswslnde➢�rident COnCrattors` tg D� RequireerevadingyJage(DaNs Bacon(. 24 22 Ei Require Health Benefits Qli 22 F. Require P enslon Benefits ;8 G. Malmaln Affirmative Action Plan% Sub-total Construction Related: 241 Z Wage&Benefit Related fOwnedl A. pay Target Wage Levels 3 38 B. provide Health Benefits 3t C. Provide Pension Be,e(its _ ray D. Provide Training 2-T 78 F. Provide Child Care ]5 F. Provide Transportation Assistance h G. Provide Employer Assisted Hous'og program 9 Sub-total Wage&Benefit Related: 2 :62 3 Workforce Related: A. Create New lobs 2 42 B: Retain Existing Jobs (,� 41 C. Maintain Affirmative Action Plaq V 35 D. Provide Targeted Hiring Preference — 5.b-total Workforce Related: 1. 1c2 4 Support a Municipal Facility' A. SP on a Mum° al Facility)donations to the zoo, .�- Pp p l co servato museum etc 84 �.. an-F r Napie ofFa`nl_ilysJed ,,:c.._y, ' P I Fa c.tip y © 84 „ An Subtotal from,Ai 7 3 539 The unde4slgned owners)of'real property,located within the City`of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,61.1.72.1-1,et seo.,and 1 ;k pv wt:' } x7 It d iM f South�krid Municipal codeSec 2-76else°,for,this petition state theabove; 1 Od In NOY 14 2 13 r For Staff Use Only Below This Line q; $1,579,320.00 tom fir p f 7108241010033000026 , ease 6rema and" tWewdthebntponi.... Hosea aGO'o _p std„ Exhibll"B" ws«waw,,.. w ase st Id lcac si Meta to swFen a pIlraopblety i taxes Real Piaperty Tasei persnal Property Taxes: Year One $17,019.46 (2012) Year T(vo $14,205.12(2011) year Three $14,377.72 (2010) Year roar $15,674.30(2009) Year 9ve. $29,164.34(2008) Please fill out the fallowing Public Benefit Summary Information and add to total from above. Quality Earned Available Y o- rNI Points points Public Benefit Item: .n 5 A. Redevelop a Site that has Special Needs I ` 49 B. Develop Based on Wcal U n roersity Resea rrh n 35 C. Achieve a Physical Element of a Plan 36 Sub-total Project Related: ) 120 6 Surer Size ProletiS(point values arervmulative) At 100%to 199% 25 B:. 200%to 299% 68 C. 300%to 399% h 65 B'; IC0%a nd OVer Y) S2 Sub total Super Size Projects: 25 210 7 PaVfor Municipal Infrastructure: A. Pay for Ovcrsixing or Upgrad'mg / 14 B. Pay for 26-5Cffi of Extension Cost 26 C. Pay for 51-75%of Extei5%on Cost It 39 0. Pay for 76 1WY,of E�enslon Coq 11 52 Su&total infrasfroctuie Relatedi I 131 Total from Applicant Section: '�_ 539 Total from Staff Section: 461 Total Public Benefzl Polnti: 1000 �r �jcvcryrbaY ;ZOVZ �n✓vY+��� mutt ©S ro rx� c- r O M 000000 nWm + mmm mm0 eo sa ,... 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Nn Q O 2 ° m 4 U 4 .raj N 9•yi ) qSypp yyy UUU pp q m _ y 0 CH..8 U 'i g .W°. z�> c° i $4 w m �G�"a a C; � dal^ c y� qp"o yF °° q eay J P s pNp�y � oyy '"�}1 Y m 40 �� �pa�•���op��epp�p$�� � O VOi 0 dryry 0. ^ N 4 4 0 > m 6> M> -+R C "O 80 0.W 0.pK Ir0.6mM O Oy yy.y Y VY N pq y ••m p .. p ..O ry �r d a1V 2r do F y 4 U '] K F.i W4 N6 RN r]O 40 �n pp£nF rl�JnU �U � ��a�gE8EEUEG��a4Hm0 �z tin T Vn pU n ebaO 0000000 rm ° g n� ~fie i 9 9 9° ryn .mmm [G O m N p pOpn n 00°00000 r PLO°yNe � 0.6 VVa TNrvY6 m bs Y444Ni O w4t~..SGUY� 4W pbuuRO n P 6C Hm0 JCS Y CN SHaNYY 4 4 > PNVM N .'lt6 C d U S a>i64 0 AMy b C_IH.. 6 G y{p. y g b j 0.Sp�P air0�0 % PO„0�149P NX %4NNF� q P �]� nn✓1 ®� U N ObaONb M N py4 m%N�%N R S� Jg eo..N m w zzzzz n �1 N H LY „ O C4444 Q U 1 r N y 07 N m O YU M � N aaaaa H ry u s 31 c”Q M LL n O O N O rX u all "8 a O < Y y N W w e p o aO a U w a �N � P Pee �e0 Pee - 0 0 m m w w ; 9 hmC a p mP WP w HH $$ g Ep a a m S �'m"s°OG � °sb a nn� 4 z"a 6 �a�r SLJoseph Indiana,Assessor ht tp://in-stjoseph-assessor.govemmax-com/ ro P pertymax/ACAMA In... i Parcel prnW�tyry Tabs Parcel 10 / Paul Address AV-ToWuM& Parcel 7l-06.24.101UO3.D00-026 Improv, DW Uof vm 212 EW NO --- 3450000 1111M013 203 W PM Lana Ino.,ims 0.1rdorne6on Sales History Owner Nam. Dembf Emerprlse t LLC Sea Notes P.IPRC Owner Address Al1A Marilyn$11wr Mgr Sduih Bend IN 48617-1810 Searches Transfer Date 02/172000 Asked. Parcel ID Owner Name Location Information Saks District N. D26 Seglon 8 Plat Legal Desb. Area No. 011 State Assigned District No. 026 Functions Pamel Address 212 EWNG Rousing No 8-24A Hone Parcel Address 212 EWING Property Search Legal case. Lots 448 lnC Ex 10 Ft N End For St 775 A,Stover B LOng'sya Add Help Firi Press Releases Parcel Information Topography County Websilo-f Zoning Level y sorvlces DLGF Webslte y GIS Websils­e Property class Lola 350 High N Water y Beacon GIS4 Neighborhood Code 7126009 Low N Saws, y Neighborhood Fa cto, 10')00 Rolling N Gas y Neighborhood Type B swampy N Electricity y Street or Read Code A Flood Headed Sidewalk y Waterfront Properly Type Alley y Assessment mformauon Current AV-Total Land 590.500 AV-Rea.Lantl&Lets Current AV-Total lm rov. W Legal Acreage 0000 P 5359,800 AV-Res.Improv. 40 Average AV/Acre AV�Tote!Lantl d Improv. 5450,300 AV-Rea.Land a Impro¢ EO AV-COmmerclel Lana 50 Appraisal Date 590.530 AV-Non-Rev Land AV-Comm $9500 Reason for Change Code 19 .Improv. $359,60C AV Non-Res.Imp. ) AV-Comm.Lard B Ira $359,800 Prior AV-Total land $90,541] P 5450,330 AV-Non-Res.Land8lmprov. "Solro0 FrlerAV�TWaleepree $378,500 AV-Dwelling SO AVCIasslDetl Lard AV-Farmland 30 AV-Homeslle(s) SO Adj.Fidler Applies p00 W Certified values es of M.reh 1,2013 $Idl SSma Prerbvs Rut Lev - -. L:y j t.6'r`I't of 1 11/13/2013 3:54 PM 1 f� ti4 y x r' 4 Pro PU J g13 E. Pitts Associates; Inc: oil � i7a -1 0TV° ne Oftt en IN4� ,3 Lic "+ a . sy ' yz -' I Eyh l l Cj 1, 1 l�scrip�%aI I CHICAG5" ITLE INSURANCE IL—bMPANY a corpomifon of Missouri, herein called the Company for a "Noble considersfien, hereby commits to Issue Its pelfcy or policies of Iftle Insurance, os identified In Sehedefe, A, in laver e( the proposed insa'ed tuned In Schedule A. as owner or mortgagee of the delete at interest covered hereby in the land described or "'lamed to in Schedule A, open payment of the premiums end ehergea therefor; elf auhleN is the p,dvlslenr of Schedules A and a and to the C,,ditian,and Sllpulaflene hereof. First Bank and Trust Company 133 South Main St. South Bend, Indiana 46601 Department L Trust J SCHEDULE A Policy or Policies to be Issued: ALTA Ornen Policy— ALTA Loan Policy FORM B—Ipia COMMITMENT No EFFECTIVE DATE (A—d,d 10.17.70) p.,�d.d IO.Il.7a7 25143 September 30, 1974 at CONSTRUCTION eight o'clock A. M. BINDER Proposed Insured-LOAN: $300,000.00 First Bank and Trust Company of South Bend Proposed rn,ured—OWNERS: The estole or inferesf In the land described or ref.,'ed to In fhis Commilment end covered hell,la o fee simple and title thawto Is of the eflective dale he,eof vested in: Annette F. Demby, to an undivided one tenth (1/10) interest, and First Bank and Trust Company of South Bend, as Executor under the Last Wi and Testament of Arthur B. Demby, deceased, to an undivided nine tenths f9/10) antergst The and refire to In I is Commifinent Is described as follawe: Lots Numbered Four (4) through Forty-eight (48) , both inclusive, as shown on the recorded Plat of Stover-Longley Addition to the City of South Bend as platted by Silas E. Longley and Burton H. Stover, which plat was re- corded February 24, 1915 in Plat Book No. 9 at page 187, in the Recorder' office of St. Joseph County, Indiana. Also, the vacated 'alley lying South of Lots No. 4 to 8, inclusive, in Sal Stover-Longley Addition, and the vacated alley lying East of Lots No. 28 to 46, inclusive, in said Stover-Longley Addition. Also, the South half of the vacated alley lying North of Lot No. 9 in said Addition, also, the whole of vacated Victoria Street as shown in said Addition; also, the whc of vacated Lafayette Street lying between Ewing Avenue and Fairview Avenu in said Addition, excepting the West half of that part of Lafayette Stree which lies East of Lot Numbered 3 and the North half of the vacated alley (continued on next page) AMERICAN LAND TITLE ASSOCIATION COMMITMENT rpw nD 7„e s k Associates, .1c. r 25143 th of said Lot No. 3; the whole property herein considered ded by a line running as follows: Beginning at the North- r of Section No. 24, Township No. 37 North, Range No. 2 ce running South 1009 feet; thence East 384.7 feet to the of the right of way of the Vandalia Railwayi thence North with the said right of way 1009 feet to the North line of said Section No. 241 thence West 383 feet to the place of beginning, 'excepting there- from such part of said real estate as is now occupied by Ewing Avenue and Fairview Avenue in said City, excepting also a strip of land 7 feet in width, East and West, taken off of and from-the entire length of the West side thereof, heretofore conveyed as' the East half of a public all and excepting also the followings Beginning at a point on the present South line of Ewing Avenue 7 feat East of the West line of said Section No. 24; thence running East 149 3/4 feet to the center of vacated Lafayette Street; thence South 107 feet to a point in line with the cen line of the alley lying between Lots 1, 2, 3 and 9 in said Stover-Longl Addition; thence West 149 3/4 feet to the East line of said Stover- Longley Addition; thence North 107 feet to the place of beginning. R.?. ritts R,A=ciz.tes,:1 c. nnyyt zn� 9X a(E� 3q 5 �)ii yK S On O l r p —_� sET•ce�s.� i r« �1 t`r 1.. .n(1 f uer r nur yy b i t ft _ f 11 t ,Ir� � rf�• 'Fy1 1 I tl �j I -- i t r •rj i,�� STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS 20jq-- —;T 20 (5' S B State Form 51767(R2/1.07) FORM SB Prescnbed by the Department of Local Govemment FirarrSE-1/Real Property This statement is being completed for real property that qualifies under the following Indiana Code(check one box): 0 Redevelopment or rehabilitation of real estate Improvements(IC 6-11-12.14) ❑ Eligible vacant building(IC 6-1.1-12.1-4.8) 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 in(ermaaon 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'pfanned 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 o(the designating body(City Council,Town Board,County Council,etc)must be obtained prior to initiation of the redevelopment or mhabilifation, BEFORE a deduction may he approved. 3. To obtain a deduction,application Form 322 ERA/RE or Form 322 ERANBO, 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 allach 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/C 6-1.142.1-53Q)J 5. The schedules established under IC 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. ` :�r_sue:..-.�.��..—�r_ _ .71�?'L •: :�I •x _ +u Name of taxpaye �]EMBY ENTERPRISES, LLC Address of taxpayer(number and sheet,off,stale,and zipeodid -. 1835 RIDMEW00D CIR. , SOUTH BEND, IN 46617 Name of contact person BENJAMIN SILVER Telepnpr�e,qutnDar 34_0989 E-mail edld1reysB Name of desi g b"Pggy BEND COMMON COUNCIL Resolmbn number Location of pmpeny County 212-220 W. EWING AVE. ST. JOSEPH DLGFtann dlsvidnumber 71026 Description'of reaIl Property improvements,redevelop ma t .'rehabilitation tuse adddional sheets if necessary) tpQ�;lit -of er 6,1a.ild?r�-t m44r St.tS/3�an�a.l 4te toss. LLN2rr.J rvl2(11jta.+t e..9, Estir.rallh'1: ` CiKln.gar T613 ""' 11 �a1'tI end CV CO--16"-a 41 Nrf) � Cy1 &J— 40 f12TWtl Eatimaled rom I ton date(moom,day,year) inJe.c)e use. feet w;ll feSKlf ,4 l� :A, 4ork�rt. APRI�, 30, 2014 • o Cu enl nu 23 na Seas 98 000 Number retained Salaries Number aCtlNorat • 23 2 Salaries :. $898, 00 $66, 935 NOTE Pursuant to IC 6-1.1 12.1 5.1 (d)(2)the COST of the property REAL ESTATE IMPROVEMENTS is confidential. Current values COST ASS—ErSSED VALUE Plus estimated values of proposed project 5$ 1 eiC( o U Less values of any property being replaced Net estimated values upon completion of project Z L) I• Q If • h s r r - •. . .r_. Estimated solid waste converted(pounds) d•�E Estimated hazardous waste copverle'a jp'ounds)_ - A1oNiE Other benele; - I hereby certify that the representations in this statement are We. Sig ettin,p authorized a 11111hil 11 1 It lej CIl TNe ryye/tiit 'r4 er v Dale algnea(month,day,year) ) Mn'f G d V ol,%4 sr 0 4 sr—6 O h Page 1 of 2 '/es47nbe•r- -2 0 12 5- rG POWER OF ATTORNEY ikOV State Form 23261(R7/F10) I Prescribed by the Department of Local Govamment Finance Please TYPE or PRINT • !`!'; $fir/s-7¢—, PART I-POWER OF ATTORNEY 1. Taxpa at Information Tax yer must sign and date this form on page 2,line 7 and he"the form notarized on page Z,fine a.) Name of texpayer(s) DEMBY ENTERPRISES LLC Addresses)of taxpayer(s)(number and scree{city,stele,and ZIP code) 1228 E. Jefferson Blvd, South Bend, IN 46617 Last four digits of Social Security Number Employer identification number Telephone number x x x-x x- 35-2094454 ( 574 ) 277-3322 The above named taxpayer does hereby appoint the following representaflve(s)as attomey(s)in fact: 2. Representative Information(Re -----1ative must 02n and date this form on page 2,Pan n. Name of representative JEFFREY M MCGOWAN, CPA CGMA, LEVEL II ASSESSOR-APPRAISER Address of representative(number end sneer,cify,slate,end Z/P code) KRUGGEL LAWTON CPAs, 210 S. MICHIGAN STEET, SUITE 200, SOUTH BEND, IN 46601 Telephone number Fax number Check It ( 574 ) 289-4011 ( 574 )289-4087 ❑ New address ❑New telephone number Name of representative Address o/representative(number antl street,cXy,stare,end ZlP code) Telephone number Fax number Check d- ( ) ( ) ❑New address ❑New telephone number to represent the taxpayer(s)for the following matters before the: ® Department of Local Government Finance ❑Indiana Board of Tax Review ® ST JOSEPH County Property Tax Assessment Board of Appeals F3.Tax Matters Type of Tax(real property,personal property) Tax Form Number(130,131,133,177,etc.) Year(s)or Periods) REAL PROPERTY SB-1, CF-1/Real Property, Form 322/RE 2013 - 2023 REAL PROPERTY City of South Bend Petition for Incentives 2013-2023 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 sparse additions or deletions to the ac's 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 cemmunications,check this box, ❑ 6.Retention/Revocation of Prior Power(s)of Attorney: The filing of this power of attomey automatically revokes ail earlier power(s)of attorney with the County Property Tax Assessment Board of Appeals, Department of Loral Government Finance,or Indiana Board of Tax Review for the same tax matters and years or periods covered by this document N you do not want to revoke a prior power of attorney,check this box. ❑ You must attach a ropy of any power of attomey you wish to remain In effect. Page 1 of 2 7.Signature of Taxpayer: If signed by a corporate officer,partner,guardian,tax matters Partnerlperson,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 N the authorized representative Is a Certified Property Tax Representative pursuant to 50 IAC 15.5.5: [wImpittelled understand that by authorizing JEFFREY M MCGOWAN as my Certified Property Tax Representative,I am aware of and accept the possibility at te properly value may increase as a result of filing an administrative appeal with the Property Tax Assessment Board of Appeals,and that I may be to appear at a hearing before the Property Tax Assessment Board of Appeals or the Department of Local Government Finance. further understand that the Certified Property Tax Representative is not an altomey and may not present arguments of a legal nature on my behalf, If this power of attorneyls not signed,dated and notarized,it will be returned. Signature of taxpayer 1 1 Date of signal mIonfh,de,year) Printed name of aye, it (i/applicable) an a. ' �: S,Iuel' Signature of to yer Date of signature(mc year) II l�t / Printed name of taxpayer TNe(if applicable) 8.Notarization STATE OF ��i- J9 OrS-P��/l� SS' COUNTY OF Before me,a notary public in and for said state and county,personally appeared,this day of the taxpayer(s)ore person duly authorized to sign for and on behalf of the taxpayer(s),who acknowledged the execution of this Power ofAttomey as the voluntary act and deed of the taxpayer(s). 5ignawr o otary public t county of r sben Typ/ed�orpriinnni'ed name of n ta,,(ryfpublic !{-�{ J Date co fmio Tres(month,day,year) Ile- r / °u ,s h , ap aol PART 11•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; 1 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 501AC 15-5. c. Other(specify) If this declaration of representative is not signed and dated, the power of attorney will be netumed. DESIGNATION JURISDICTION(state,etc.)OR (insert above letter-a,b,or c) ENROLLMENT CARD NUMBER SIGNATURE DATE(month,day,year) B LEVEL II ASSESSOR F y Page 2 of 2 CITY OF SOUTH BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2-83.2 of the South Bend Municipal Code, the Petitioner referred to herein agrees to work with WorkOne Northern Indiana, 8S1 South Marietta Street, South Bend, Indiana 46601 , or its successor agency as a condition of receiving property tax abatement. Demby Enterprises, LLC (Plumrose, Inc. USA) Petitioner's Name Jeffrey McGowan, CPA Agent's Name Acting on Behalf of the Petitioner Benjamin Silver Contact Person 1835 Ridgewood Cir. Street Address South Bend, IN 46617 City, State, Zip Code 574-234-0484 Business Telephone Number N/A E-mail Address A A Signature o etition r knV cc: WorkOne Northern Indiana Chairperson, Community and Economic Development Committee Department of Community and Economic Development City Clerk's Office (Rev. 5/13/11) 1L l � \ Resolution No. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO APPOINT THE BOARD OF PUBLIC WORKS AND THE DEPARTMENT OF PUBLIC WORKS AS ITS AGENTS FOR OVERSEEING THE GUARANTEED ENERGY SAVINGS CONTRACT FOR THE CENTURY CENTER OI9r wt,- in 1982, the South Bend Common Council passed Ordinance No. 7108-82 which provided among other things that a South Bend Civic Board of Managers would be continued for the "...purpose of supervising, managing, operating, and maintain Century Center and its programs..." pursuant to Indiana Code § 36-10-2-5; and (AMP/ i� the City of South Bend is interested in upgrading and implementing more energy efficient programs and equipment in the Century Center in order to conserve energy and energy costs; and ')11w1,e(,, pursuant to Indiana Code § 36-1-12.5-5, the Common Council is authorized to enter into an agreement to participate in a utility efficiency program or a guaranteed savings contract in order to implement energy savings measures; and the South Bend Common Council does not have its own staff with the technical expertise and experience to evaluate potential proposals and to supervise a Guaranteed Energy Savings Contract for the Century Center; and on August 21, 2013, the Century Center Board of Managers adopted a resolution which authorized the appointment of a committee to review response to a request for qualifications for a Guaranteed Energy Savings Contract and a draft of a "Request for Qualifications for a Guaranteed Energy Savings Contract: Century Center" with copies of those documents attached for informational proposes to this Resolution. Fi„ourd,./�/rr /��i/C/•nd � rn./. �%iu/rnu.., as follows: Section I. The South Bend Common Council hereby believes that the following guidelines and policies are in the best interests of the City of South Bend, Indiana, in order to advance potential energy efficiencies and energy savings at the Century Center: 1. The Board of Public Works and the Department of Public Works of the City of South Bend, Indiana, shall be the authorized agents for the South Bend Common Council for purposes of meeting the provisions required of Indiana Code § 36-1-12.5-5, and other Indiana laws leading up to the final review of and the execution by the South Bend Common council of a Guaranteed Energy Savings Contract for upgrading and implementing more energy efficient programs and equipment in the Century Center in order to conserve energy and energy costs. Such authorization would include without limitation the preparation of specifications, evaluation criteria, advertisement for proposals, opening of proposals, evaluating proposals, rejecting non-responsive proposals, and making advisory recommendations to the Common Council. 2. The Board of Public Works and the Department of Public Works shall make an advisory recommendation to the South Bend Common Council concerning the selection of a company to contract with for an Energy Savings Contract, with the South Bend Common Council retaining the sole and exclusive authority to enter into such a contract. 3. The Board of Public Works and the Department of Public Works are authorized to supervise all work done on the Guaranteed Savings Contract concerning the Century Center, including the power to authorize change orders. 4. The Board of Public Works and the Department of Public Works shall report to the South Bend Common Council via the Parks, Recreation, Cultural Arts & Entertainment Committee and at a regular Common Council meeting under "Special Business" as requested by the Council, and to any scheduled meetings between any company which submits a proposal and a member of the Board of Public Works or a Department of Public Works employee. Section 11. 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 South Bend Common Council /,/vV this day of 2013. John Voorde, City Clerk %rev mtl by me to the Mayor of the City of South Bend, Indiana, on the day of . 201—. at o'clock . M. Janice Talboom, Deputy City Clerk by me on the day of 201, at o'clock M. Pete Buttigieg. Mayor of City of South Bend,1adiana _____ P; 1 J1 X913 NOT APPROVED ADOPTED O�SOUi City of South Bend W .�\reAcc% a Common Council e 1965 441 Counry-City Building . 227W.Jefferson Blvd (574) 235-9321 South Bend, Indiana 46601-1830 Fax (574) 235-9173 http://w .southbendin.gov Presidennt t Derek Dieter 'November 14, 2013 Oliver J. Davis The South Bend Common Council Vice-President 46i Floor Court},-t ir, Building South Bend, Ir liacn 16601 Karen L. W cite Chairperson, Committee Re: Proposed Resoiut.ion Autborixing tht. ;vitiation of a Guaranteed Energy of the Whole Savings Contract "approach for the Century Center Tim Scott First District Dear C. uncil M-mh°r Henry Davis, Jr. 1 am in roducinlr. th tied i; ;' ;u.;n and accompanying documents for your Second District consideration to hr rya -,ater er __; c-Jll i_;acics to the Century Center. Valerie Schey Under the govertring Indiana i,t! la x, the "governing body' of a "political Third District subdivision' is i;jnte ! authont into a Guaranteed Energy Savings Contract. This u, :ccss outlined in the attached Resolution is similar to the Fred Ferlic process used when the city desired to upgrade traffic signals by using LED Fourth District technology to help conserve energy & energy costs as well as to improve traffic David Varner safety. The Council adopted Resolution No. 3705-07 on February 12, 2007, Fifth District which appointed the Board of Public Works and the Department of Public Works as the Council"s Agents to oversee the guaranteed energy savings contract. A Oliver J. Davis second Reso'-ago � N:as then adopted on June 11, 2007 [Resolution No. 3758-07] Sixth District where the C.u::,i' frnnaally apprc,rd ,i c execution of such a contract with Johnson Contr_is, l r, Council V',�i,-,r :knn Puzzello worked closely with then Derek D. Dieter Public Works 1Ji: Gary Gdoi d?r,ng th:;t process and updates to the Council A Large were given. Gavin Ferlic The pr ,posed Resolution would be the 1't At Large of two (2) Resolution which the Common Council _vo­ be achne. uroi %"ith regular updates to the PARC's Karen L. White Committee and th, i_crimon Jonathan Burke, Municipal Energy At Large D�recto. and L.i !ir,r <.:h. Pu^it -�A. ks Director would also be working closely with the Council. 1 request that Iai< etsner be referred to the PARCS Committee for advisory revietti and recornntcndadon and have a public hearing before the Council on Mon]a%. wember r :1113. Thank you. Sincerelv. Council Member Henry is. T. - airperson �`!d hi �~ PARCS Commifeee - -- �, / V� tl \ 0�) (o� - �3 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE FINAL INTERFUND LOAN AMORTIZATION SCHEDULES FOR MAJOR MOVES FUND 412 ADVANCES TO THE NORTHEAST RESIDENTIAL TIE FUND 436 IN CONNECTION WITH THE EDDY STREET COMMONS AND TRIANGLE DEVELOPMENT PROJECTS STATEMENT OF PURPOSE AND INTENT On January 28, 2008, the Common Council of the City of South Bend adopted Ordinance No. 9824-08 appropriating monies from Major Moves Fund 412 to provide funding for certain infrastructure improvements relating to construction of a mixed use development commonly known as Eddy Street Commons and the Triangle Development. The appropriation was in the amount of$5300,000 and included an interfund loan amortization schedule requiring semi-annual payments of$291,205 from the Northeast Residential TIF Fund 436 beginning August 15, 2011 and ending February 15, 2026. Monies appropriated for the Triangle Development project under Ordinance No. 9824-08 were never expended due to project delays and the City let the appropriation expire at the end of 2009. On March 28,2011, the Common Council of the City of South Bend adopted Ordinance No. 10077-11 re-appropriating $2,000.000 from Major Moves Fund 412 to provide funding for the Triangle Development project and included with this ordinance an interfund loan amortization schedule requiring semi-annual payments of $82,137 from the Northeast Residential TIE beginning August 15, 2014 and ending February 15. 2029. In addition, a new interfund loan amortization schedule was approved for the Eddy Street Commons project requiring semi-annual payments of$195,888 from the Northeast Residential TIF beginning August 15, 2011 and ending February 15, 2026. The final costs paid by Major Moves Fund 412 for the Eddy Street Commons and Triangle Development projects are now known and were $3,942,529 and 51,513.920. respectively. The Cite of South Bend desires to restate the loan amortization schedules for these projects to reflect the final costs incurred and compute new semi-annual payment amounts due Major Moves Fund 412 from the Northeast Residential TIF Fund 436. The interest rate charged and repayment period have not changed. The revised loan amortization schedule for Eddy Street Commons requires semi-annual payments of $195.888 beginning August 15. 2011 and ending August 15,2013. semi-annual payments of$186.218 beginning February 15, 2014 and ending August 15, 2025, and a final payment of$186,231.87 on February 15, 2026. The revised loan amortization schedule for the Triangle Development requires semi-annual payments of$60;371 beginning August 15. 2014 and ending August 15. 2028 and a final payment of$60,388.32 on February 15, 2029. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I: That Common Council Ordinance No. 9824-08, dated January 28, 2008, and Common Council Ordinance No. 10077-11, dated March 28, 2011 are hereby amended to incorporate the attached loan amortization schedules from Major Moves Fund 412 to the Northeast Residential TIE Fund 436 to reflect final costs paid by Major Moves Fund 412 in connection with the Eddy Street Commons and Triangle Development projects. The revised semi-annual payment amounts are stated above. 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. Attest: Member of the Common Council opporw City Clerk °1'i i City of South Bend, Indiana Major Moves Fund 412 Interfund Loan to NE Residential TIF Fund 436 Eddy Street Commons Interfund Loan Amortization Schedule November 11, 2013 Original Principal -$3,942,529 (costs paid by Major Moves Fund) Revised Payments -Semi-annual, beginning August 15, 2011 through February 15, 2026. Thirty (30) payments. Interest rate -5% NE Residental TIF Expenditures -#436-1050-460-38-01 (Principal), #436-1050-460-38-02 (Interest) Major Moves Revenue-#412-0000-399-02-06 (Principal), #412-0000-399-02-07(Interest) Payment- $186,218.00 Beginning 5% Ending Payment Payment Principal Total Interest Principal Principal Number Date Balance Paid Paid Paid Balance 1 8/15/2011 3,942,529.00 195,888.00 98,56323 97,324.78 3,845,204.23 2 2/1512012 3,845,20423 195,888.00 96,130.11 99,757.89 3,745,446.33 3 8/15/2012 3,745,446.33 195,888.00 93,636.16 102,251.84 3,643,194.49 4 2/15/2013 3,643,194.49 195,888.00 91,079.86 104.808.14 3,538,386.35 5 8/15/2013 3,538,386.35 195,888.00 88,459.66 107.428.34 3,430,958.01 6 2/15/2014 3,430,958.01 186,218.00 85,773.95 100.444.05 3,330,513.96 7 8/15/2014 3,330,51196 186,218.00 83,262.85 102,955.15 3,227,558.81 8 2/15/2015 3,227,558.81 186,218.00 80,688.97 105,529.03 3,122,029.78 9 8/15/2015 3,122,029.78 186,218.00 78,050.74 108,167.26 3,013,862.52 10 2/15/2016 3,013,862.52 186,218.00 75,346.56 110,871.44 2,902,991.09 11 8/15/2016 2,902,991.09 186,218.00 72,574.78 113,64122 2,789,347.86 12 2/15/2017 2,789,347.86 186,218.00 69,733.70 116,484.30 2,672.863.56 13 8/15/2017 2,672,863.56 186,218.00 66,821.59 119,396.41 2,553,467.15 14 2/15/2018 2,553,467.15 186,218.00 63,836.68 122,381.32 2.431,085.83 15 8/15/2018 2,431,085.83 186,218.00 60,777.15 125,440.85 2,305,644.97 16 2/15/2019 2,305,64497 186,218.00 57,641.12 128,576.88 2,177,068.10 17 8/15/2019 2,177,06810 186,218.00 54,426.70 131,791.30 2,045,276.80 18 2/15/2020 2,045,276.80 186,218.00 51,131.92 135,086.08 1,910,190.72 19 8/15/2020 1,910,190.72 186,218.00 47,754.77 138,463.23 1,771,727.49 20 2/15/2021 1,771,727.49 186,218.00 44,293.19 141,924.81 1,629,802.68 21 8/15/2021 1,629,802.68 186,218.00 40,745.07 145,472.93 1,484,329.74 22 2/15/2022 1,484,329.74 186,218.00 37,108.24 149,109.76 1,335,219.99 23 8/15/2022 1,335,219.99 186,218.00 33,380.50 152,837.50 1,182,382.49 24 2/15/2023 1,182,382.49 186,218.00 29,559.56 156,658.44 1,025,724.05 25 8/15/2023 1,025,724.05 186,218.00 25,643.10 160,574.90 865,149.15 26 2/15/2024 865,14915 186,218.00 21,628.73 164,589.27 700,559.88 27 8/15/2024 700,559.88 186,218.00 17,514.00 168,704.00 531,855.88 28 2/15/2025 531,855.88 186,218.00 13,296.40 172,92160 358,934.27 29 8/15/2025 358,934.27 186,218.00 8,973.36 177,244.64 181,689.63 30 2/15/2D26 181,689.63 186,231.87 4,542.24 181,689.63 Total 5,634,903.87 1,692,374.87 3,942,529.00 City of South Bend, Indiana Major Moves Fund 412 Interfund Loan to NE Residential TIF Fund 436 Triangle Development Interfund Loan Amortization Schedule March 14, 2011 Original Principal -$1,513,920 (costs paid by Major Moves Fund) Revised Payments -Semi-annual, beginning August 15, 2014 through February 15, 2029. Thirty (30) payments. Interest rate-2%. NE Residental TIF Expenditures -#436-1050-460-38-01 (Principal), #436-1050-460-38-02(Interest) Major Moves Revenue -#412-0000-399-02.06 (Principal),#412-0000-399-02-07 (Interest) Payment- $60,371.00 2% Beginning 2% Unpaid Ending Payment Payment Principal Total Interest Principal Capitalized Principal Number Date Balance Paid Paid Paid Interest Balance 2/28/2013 1,513,920.00 0.00 0.00 0.00 44,130.00 1,558,050.00 1 8/15/2014 1,558,050.00 60,371.00 15,580.50 44,790.50 0.00 1,513,259.50 2 2/15/2015 1,513,259.50 60,371.00 15,132.60 45,238.41 0.00 1,468,021.10 3 8/15/2015 1,468,021.10 60,371.00 14,680.21 45,690.79 0.00 1,422,330.31 4 2/15/2016 1,422,330.31 60,371.00 14,223.30 46,147.70 0.00 1,376,182.61 5 8/15/2016 1,376,182.61 60,371.00 13,761.83 46,609.17 0.00 1,329,573.44 6 211512017 1,329,573.44 60,371.00 13,295.73 47,075.27 0.00 1,282,49817 7 8/15/2017 1,282,498.17 60,371.00 12,824.98 47,546.02 0.00 1,234,952.15 8 2/15/2018 1,234,952.15 60,371.00 12,349.52 48,021.48 0.00 1,186,930.67 9 8/15/2018 1,186,930.67 60,371.00 11,869.31 48,501.69 0.00 1,138,428.98 10 2/15/2019 1,138,428.98 60,371.00 11,384.29 48,986.71 0.00 1,089,442.27 11 8/15/2019 1,089,442.27 60,371.00 10,894.42 49,476.58 0.00 1,039,965.69 12 2/15/2020 1,039,965.69 60,371.00 10,399.66 49,971.34 0.00 989,994.35 13 8/15/2020 989,994.35 60,371.00 9,899.94 50,471.06 0.00 939,523.29 14 2/15/2021 939,523.29 60,371.00 9,395.23 50,975.77 0.00 888,547.53 15 8/1512021 888,547.53 60,371.00 8,685.48 51,485.52 0.00 837,062.00 16 2/15/2022 837,062.00 60,371.00 8,370.62 52,000.38 0.00 785,061.62 17 8/15/2022 785,061.62 60,371.00 7,850.62 52,520.38 0.00 732,541.24 18 2/15/2023 732,541.24 60,371.00 7,325.41 53,045.59 0.00 679,495.65 19 8/15/2023 679,495.65 60,371.00 6,794.96 53,576.04 0.00 625,919.61 20 2/15/2024 625,919.61 60,371.00 6,25920 54,111.80 0.00 571,807.80 21 8/15/2024 571,807 80 60,371 00 5,718.08 54,652.92 0.00 517,154.88 22 2/15/2025 517,154.88 60,371.00 5,171.55 55,199.45 0.00 461,955.43 23 8/15/2025 461,955.43 60,371.00 4,619.55 55,751.45 0.00 406,203.98 24 2/15/2026 406,203.98 60,37100 4,062.04 56,308.96 0.00 349,895.02 25 8/15/2026 349,895.02 60,37100 3,498.95 56,872.05 0.00 293,022.97 26 2/15/2027 293,022.97 60,371.00 2,930.23 57,440.77 0.00 235,582.20 27 8/15/2027 235,582.20 60,371.00 2,355.82 58,015.18 0.00 177,567.02 28 2/15/2028 177.567.02 60,371.00 1,775.67 58,595.33 0.00 118,971.69 29 8/15/2028 118,97L69 60,371.00 1,189.72 59,181.28 0.00 59,790.41 30 2115/2029 59,790.41 60,38832 597.90 59,790.42 0.00 (0.00) Total 1,811,147.32 253,097.32 1,558,050.00 44,130.00 SouTx eF 1200N COUNTY-CITY Buu_Dwc PHONE 574.235.9216 227 W. JEFFERSON BLVD. W����o-iece%i y FAx 574.235.9928 �"­- SOUTH BEND,INDIANA 46601-1830 y ,'11 1 a? le 1865 CITY OF SOUTt1 BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 12, 2013 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4`I' Floor South Bend, Indiana 46601 RE: Revision of Major Moves Fund Interfund Loan Amortization Schedules with the Northeast Residential TIF Fund for the Eddy Street Commons and Triangle Development Dear President Dieter, On January 28, 2008 and on March 28, 2011, the Common Council approved appropriations from the Major Moves Fund to pay for certain infrastructure costs in connection with the Eddy Street Commons and Triangle Development projects. The costs paid by Major Moves are being repaid by the Northeast Residential TIF Fund according to amortization schedules and these schedules were based on maximum allowable expenditure limits. The final costs paid by Major Moves are now known and were $3,942,529 for Eddy Street Commons and $1,513,920 for the Triangle Development. Therefore, City Administration desires to amend the inter fund loan amortization schedules currently in effect to reflect the actual amounts paid. The interest rate charged and other terms have not changed. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1" reading on November 25, 2013 with 2nd reading, public hearing and 3`d reading scheduled for December 9, 2013. Thank you for your attention to this request. If you should ha, �an -ques}ions;-please feel to contact me at 574-235-7500. Fkt$CS irk ' Regards, Mark W. Neal i_ City Controller ; i CITY Gil. CC: Mayor Pete Buttigieg Kathryn Roos, Deputy Chief of Staff Christal Brisco, Corporation Counsel Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING HAZARDOUS MATERIALS AND TACTICAL RESCUE TEAM STATEMENT OF PURPOSE AND INTENT On May 19, 1998, South Bend Fire Chief Luther Taylor submitted a proposed ordinance which would establish for the first time user fees for professional services of the South Bend Fire Department Hazardous Materials Team and the Tactical Rescue Team. Revenue generated by those special operations teams would then be deposited into Fund # 289 to assist in the ongoing upgrading and replacement of equipment. The South Bend Common Council acted favorably on this request and passed Ordinance No. 8921-98 on July 13, 1998. Since the 911 attack, the Hazardous Materials Team has assumed the task of Weapons of Mass Destruction (WMD) preparedness, which has evolved into the Special Operations Division of the SBFD becoming the Homeland Security Branch of the Fire Department. These Response Teams respond to calls not only within the City of South Bend, but also to calls in the Indiana Homeland Security District # 2 which covers a seven (7) county area as depicted on the map attached to this ordinance. As a result of the ongoing tactical and professional training, the Teams are on the "leading edge of information and preparedness'. The Hazmat Team is certified as Type 1, which is the highest level of certification for such a team in the State of Indiana. Each team member is trained in Homeland Security/FEMA classes. Currently there are thirty-six (36) specially trained Firefighters on the SBFD Hazmat Team and thirty-six (36) specially trained Firefighters on the SBFD Tactical Rescue Team budgeted for the 2014 calendar year. Twelve (12) Firefighters of each team work on each shift. All members of the Tactical Rescue Team are specially trained to respond to incidents involving building collapse, trench rescue, confined space rescue and specialized rope rescue, and to utilize shoring equipment which meets FEMA standards. In order to continue to attract the most qualified and dedicated individuals to such needed specialized teams which provide life-saving public services, it is believed that the user fees and charges which have not been adjusted since 1998 should be: in order to sustain and provide these critical services for the betterment and safety of the Citv of South Bend and Homeland Security District #2. ff 6,&0 d 1* dea mon '&k l of the City of South Bend, Indiana, as follows: South Bend Fire Department Hazmat& Tactical Team User Fee Ordinance Page 2 Section 1. Chapter 9, Article 5 of the South Bend Municipal Code is amended to read in its entirety as follows: ARTICLE 5. HAZARDOUS MATERIALS AND TACTICAL RESCUE TEAM. See. 9-26 Definitions and Hazardous Materials Team User Fees and Costs Established. (a) Definitions: As used in this Article, the following definitions apply: (1) Hazardous materials shall have the definition set forth in Indiana Code § 13-11-2-96, as it may be amended from time to time. (2) Hazardous materials emergency shall have the definition set forth in Indiana Code § 13-11-2-97, as it may be amended from time to time. (3) Hazardous substance shall have the definition set forth in Indiana Code § 13-1 1-2- 98, as it may be amended from time to time. (4) Hazardous waste shall have the definition set forth in Indiana Code § 13-11-2-99, as it maybe amended from time to time. (5) Responsible party shall have the definition set forth in Indiana Code § 13-11-2-191 as it may be amended from time to time. (6) Responsible person shall have the definition set forth in Indiana Code § 13-11-2-192. as it may be amended from time to time. (b) Hazardous Materials Team User Fees: The following user fee schedule shall be charged by the South Bend Fire Department to the responsible party for all hazardous materials emergencies responses by the department's Hazardous Materials Team in taking emergency action at an address or near the scene of a hazardous materials emergency involving hazardous materials, hazardous substances, and/or hazardous waste: (1) Basic fee (For up to a Maximum four(4) hours) . . . . . . . . . . . $3,000.00 (2) Additional per hour charge (after four(4) hours) . . .............S 825.00 (3) Computation of the time set for above shall include any fraction of an hour and shall run from the time of dispatch to the time the Hazardous Materials Team reports back in service. Emergency responses and cleanup for spills of gasoline. diesel fuel, waste oil or other engine fluids at gasoline stations shall be charged to the party requesting a response. Any petroleum spills involving a South Bend Fire Department Hazmat&Tactical Team User Fee Ordinance Page 3 motor carrier where there is the potential to create fire, traffic and/or pollution threat(s) on a street, road or highway, the motor carrier shall be charged. (c) Charges for Replacement Costs and Overtime: In addition to the above, the Fire Department shall charge for the replacement costs for disposable materials and supplies acquired, consumed and expended specifically for the purpose of the response, as well as replacement costs for equipment owned by the Fire Department that is contaminated or otherwise damaged beyond reuse or repair during the response. This charge shall be made regardless of the location of the incident. In the event that the Fire Department is required to backfill employees resulting in overtime after the initial four (4) hour period, those expenses shall be calculated and charged to the responsible party. Mileage Fees for Out of City Responses: Mileage fees shall be charged for each vehicle used by the South Bend Fire Department's Hazardous Materials Team which is involved in responding at an address or near the scene of a hazardous materials emergency involving hazardous materials, hazardous substances, and/or hazardous waste which is located outside of the City of South Bend corporate limits. Such mileage fees shall be S 12.84 per mile from the point of dispatch for the round trip, with a minimum of one (1) mile being charged. (e) Liability of Payment of User Fees and Costs: The above fees and costs shall be charged on a per run occurrence to the responsible party and/or person. The owner of the property at the address responded to, and if known, the person or persons whose actions in whole or in part made the emergency receiver response necessary shall be jointly and severally liable for the fees. See. 9-27 Definitions, Standards and Tactical Rescue Team User Fees and Costs Established. (a) Services• Standards and Definitions: (1) The South Bend Fire Departments Tactical Rescue Team (TRT) is specially trained to provide services in rope rescue; vehicle and machinery search and rescue; trench and excavation search and rescue; and structural collapse. (2) Technical rescues are governed by departmental standards as well as standards imposed by: NFPA 1670: Operations and Training,for Technical Search and Rescue Incidents NFPA 1006: Rescue Technician PrgfessionalOualifcations (3) Definitions set forth in the above-referenced NFPA standards shall govern this Division, copies of which are on file in the Administrative Offices of the Central Fire Station. The National Fire Protection Association(NFPA) was established in 1896. It provides codes and standards, research, training and education designed to minimize the risks and effects of fire and develops technical codes and standards. South Bend Fire Department Hazmat& Tactical Team User Fee Ordinance Page 4 (b) Tactical Rescue Team User Fees: The following user fee schedule shall be charged by the South Bend Fire Department to the responsible party for all tactical rescue responses provided by the department's Tactical Rescue Team (TRT): (1) Basic fee ( For up to a Maximum four(4) hours) . . . . . . . . . . . $3,000.00 (2) Additional per hour charge (after four (4) hours) . . . $ 825.00 (3) Computation of the time set for above shall include any fraction of an hour and shall run from the time of dispatch to the time the Technical Response Team reports back in service. (c) Charges for Replacement Costs and Overtime: In addition to the above, the Fire Department shall charge for the replacement costs for disposable materials and supplies acquired, consumed, and expended specifically for the purpose of the response as well as replacement costs for equipment owned by the Fire Department that is contaminated or otherwise damaged beyond reuse or repair during the response. This charge shall be made regardless of the location of the incident. In the event that the Fire Department is required to backfill employees resulting in overtime after the initial four (4) hour period, those expenses shall be calculated and charged to the responsible party. Mileage Fees for Out of City Responses: Mileage fees shall be charged for each vehicle used by the South Bend Fire Department's Tactical Rescue Team which is involved in responding at an address or near the scene of a tactical rescue emergency which is located outside of the City of South Bend corporate limits. Such mileage fees shall be S 12.84 per mile from the point of dispatch for the round trip, with a minimum of one (1) mile being charged. (e) Liability of Payment of User Fees and Costs: The above fees shall be charged on a per run occurrence to the responsible party, the beneficiary of the services, the owner of the property, and if known, the person or persons whose actions in whole or in part made the emergency receiver response necessary shall be jointly and severally liable for the fees. Sec. 9-28 Hazardous Materials Team User Fees and Tactical Rescue Team User Fees and Related Charges Collected to be Deposited into the Hazmat Fund # 289; Collection for Recovery Including Attorney Fees; Quarterly Reports From the Fire Department. (a) All monies collected under this Article shall be deposited into the Hazmat Fund, Fund # 289. (b) Monies collected shall be used for the purchase of needed supplies and equipment used in providing hazardous materials and tactical rescue emergency assistance and training. South Bend Fire Department Hazmat&Tactical Team User Fee Ordinance Page 5 (c) The responsible party billed for services under this Article may elect to reimburse the Fire Department by providing replacement materials that are of equal or greater value than those expended by the Fire Department in responding to the emergency. (d) The Fire Department may pursue action for reimbursement under Indiana Code § 36-8-12.2- 10 to recover all costs of the action, including attorney's fees. (e) Quarterly reports summarizing the number of runs by the Hazardous Materials Team and the Tactical Rescue Team, total amount billed, total amount collected, and information related to the regulations in this Article shall be filed by the South Bend Fire Department at the beginning of each calendar quarter with the Office of the City Clerk. Sec. 9-29 Penalties for Failure to Pay. (a) Pursuant to Indiana Code § 36-8-12.2-11, a responsible party shall be subject to a penalty for failure to pay the full amount of a charge under this Article within sixty (60) days after the issuance of the bill for payment by the Fire Department. (b) Ten percent (10 %) of the amount of the charge that remains unpaid on the due date shall be the penalty amount. See. 9-30 Through See. 9-33 Reserved for Future Use. Section 11. If any section, subsection, sentence clause or phrase of this Article 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 111. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication and shall be enforced beginning January 1, 2014. Council Member Karen L. White Health & Public Safety Committee Chairperson Council Member at Large of the Common Council John Voorde, City Clerk South Bend Fire Department Hazmat& Tactical Team User Fee Ordinance Page 6 62pllawAdby 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 ,gjjl,ma«6mnd O[� by me on the day of 2013 at o'clock m. Pete Buttigieg Mayor City of South Bend, Indiana moiled in Clerk's 1' .. t rt READING PUBLIC HEARING --- JOHi- ec-, 3 rd READING CITY CLERK, SOUTH BEND,IN NOT APPROVED REFERRED PASSED IDHS: Indiana Emergency Management Agencies & Field Services District Information ... Page 2 of 2 Miami lra5h Cass White Benton Carroll Grant Black- Howard ford Jay Warren Tippecanoe Clinton Tipton a re Fountain d, 15 Madison Delawa Randolp Montgomery h gg .r Henry o` " Wayne H Parka Putnam Union Rush Fayette Vigo Morgan ohnson`Sit ed Clay Owen Bartholomew Brown Monroe Sullivan Greene Lawrence Jac Knox 0 less Martin Orange Washington Fiig Dubois Gibson Crawford Van Warrick Perry der Posey burgh Spencer • District Planning Council/District Response Task Force (view) • Field Services District Information (view) °Red In Ci9rk',s (.,I A; I I 113 jjoI . C1TY CLFRp�,SL3LTai B�ha,lk http://www.in.gov/dhs/2797.htm 10/21/2009 SpU T)r BF City of South Bend x Common Council 1865 441 County-City Building • 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://v .southbendin.gov Derek D. Dieter President Oliver J. Davis November 15, 2013 Vice-President Members of the South Bend Common Council Karen L. White 4`i' Floor County-City Building Chairperson, Committee South Bend, Indiana 46601 of the Whole Re: SBFD's Hazardous Materials Team and Tactical Rescue Team User Tim Scott First Distr Fees and Charges '.c[ Henry Davis, Jr. Dear Council Members: Second District I am pleased to introduce for your consideration and approval the attached Valerie Schey proposed ordinance. I have had the pleasure of working closely with Fire Chief Third District Steve Cox and Assistant Chief Jim Lopez in developing the regulations set forth in this ordinance. Fred Ferlic Fourth District The user fees for both the Hazardous Materials Team and the Tactical Rescue David Varner Team, which were originally established in 1998, have never been adjusted. Both Fifth District of these teams have taken on additional responsibilities and specialized training. Both are governed by many more regulations today which require meticulous and Oliver J. Davis ongoing education. Sixth District The user fees for both of these specialized teams are requested to go from the Derek D. Dieter basic fee of $2,400 to $3.000; with the per hourly rate after four (4) hours of At Large service requested to go from $660 to $825 per hour. Mileage for responses outside of the Cite limits is also requested. So that the Common Council may be Gavin Ferlic regularly updated. quarterly reports from the Fire Department would also be At Large required. Such reports would detail the number of' runs by each team, amount Karen L. White billed, amount collected and other recommendations. The governing state law for At Large failure to pay for billed services within sixty (60) days of being invoiced, as well as collection of attornev fees. have also been included. Your support of this proposed ordinance would enable the Hazardous Materials Team and the Tactical Rescue Team to continue to provide these needed life- saving professional fire services. I request that the Bill be referred to the Health and Public Safety Committee and set for public hearing at the December 9, 2013 Common Council meeting. Thank you. Hazardous Materials Team and the Tactical Rescue Team User Fee and Charges Ordinance November 15,2013 Page 2 Mos erely, -e .• �n Karen . White, Chairperson Health and Public Safety Committee Attachments cc: Fire Chief Steve Cox Assistant Fire Chief Jim Lopez -sEed IPA Clerk's � CITY CLERK,• UUT 4 PF_NO. ik Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE REQUIRING ELECTRONIC REPORTING OF TRANSACTIONS BY PRECIOUS METALS DEALERS REGULATED IN SECTION 4-44, BY SCRAP METAL DEALERS, JUNK DEALERS, VALUABLE METAL DEALERS AND RECYCLING OPERATIONS REGULATED BY SECTION 4-51 AND BY SECONDHAND STORES REGULATED IN SECTION 4-53 STATEMENT OF PURPOSE AND INTENT With the aid of the latest technology, there are much greater opportunities to track and recover stolen property. Online systems are now available where valuable personal property items such as cell phones, electronics, cameras, GPS units, construction equipment, tools, manhole covers, bronze cemetery vases,jewelry and other valuables can be identified accurately from a database and viewed by participating law enforcement agencies throughout the country. The City Administration and the South Bend Common Council believe that the proposed changes addressed in this ordinance which would require persons who own or operate businesses who deal with precious metals, scrap metal, junk, valuable metals, and secondhand stores to participate in electronic reporting of their transactions are in the best interests of the city. Such participation would enable the South Bend Police Department to have rapid electronic access to transactions fi-om reporting businesses. By daily monitoring such information, possible criminal activity can be identified in a proactive manner. When stolen property is located, valuables may be returned to the victim of the crime by using such electronic reporting systems more quickly. The Common Council notes that the Fort Wayne Police Department has successfully used LeadsOnline since 2007. FWPD reports that by using LeadsOnline that "...police have recovered thousands of dollars in stolen property for Fort Wayne and surrounding residents...with information provided by LeadsOnline, police track down thieves, develop leads in numerous cases and make arrests." Similar success stories are reported by the New York City Police Department, the Dallas Police Department and the San Francisco Police Department just to name a few. The South Bend Police Department has recommended to the Common Council that LeadsOnline would be the best electronic reporting service available. The Council has found that "LeadsOnline is the nation's largest online investigative system used by more than 3,000 law enforcement agencies to recover stolen property and solve crimes. Each day, millions of items are added to the LeadsOnline database by businesses including second-hand stores, scrap metal recyclers, pawnshops, and Internet drop-off stores across all 50 states. Those records are instantly available to lame enforcement agencies, meaning crimes can be solved in seconds, not months." LeadsOnline is compatible with the National Crime Information Center (NCIC) which is a computerized index of criminal justice information available 24/7 to federal, state and local law enforcement agencies. It is an official eBay partner and helps prevent illegal transactions on the eBay website by giving law enforcement access to their transactions. For all of these reasons. LeadsOnline is the preferred provider and is so referenced to provide the services which are in the best interests of the City of South Bend. The South Bend Common Council believes it is important for the South Bend Police Department and South Bend citizens to have available, in a timely manner for law enforcement purposes, data regarding items pawned, sold, purchased or exchanged at by businesses required to be licensed as precious metal dealers, as scrap metal dealers,junk dealers, valuable metal dealers, recycling operators, and as secondhand stores. Electronic Reporting Ordinance Page 2 awredof the City of South Bend, Indiana, as follows: Section I. Chapter 4, Article 4, Section 4-44 addressing Precious Metal Dealers of the South Bend Municipal Code is amended by changing paragraphs (c) and (e) to read in their entirety as follows and by adding new paragraphs (i) and Q) which shall read as follows: (c) Electronic Reporting to Police and Records Required; Contents.t (1) Every dealer shall maintain a physical precious metal report. Each dealer shall keep and preserve data on or through an electronic or computer data system database on a daily basis for the preceding 24-hour period of all purchases of any precious metal items. Such information shall be sent via electronic forms of transmission to the South Bend Police Department using the Records Management System being used by the South Bend Police Department. The reports must contain the seller's full legal name, physical address, date of birth, gender, race, height and weight, as well as the price paid for each item, the purchase date and time, a description of each article purchased, including identifying marks, engravings, and the manufacturer (where known), and the seller's driver's license number or the number of any other identification issued by a governmental authority bearing the seller's photograph. The form shall also bear digital photographs of the items being purchased and a clear, inked or digital impression of the seller's right thumb print and the same transaction number as recorded in the dealer's record book as required by paragraph (2) below. If the right thumb is missing any of the customers' fingerprints may be used with an identification of' what finder is used in the right thumb's absence written adjacent to the inked or digital fingerprint on the form. The inked or digital fingerprint shall be made in a manner readable by the Police Department and shall not be blurred or obliterated. (2) The dealer shall also record the seller's physical description and a description of the property purchased, as required in this section, and shall retain the physical precious metal report and information for three (3) years from the date of the last purchase recorded therein. The physical precious metal report and information can be stored, by the dealer, in either printed or digital formal as long as a printed physical precious metal report is available to the police department upon request within the three (3) years from the date of the last purchase recorded therein. (3) Any records required to be kept or maintained under this section shall be available at all times for inspection by the Police Chief or person duly authorized by him or her to inspect the records. (e) Precious metals to he held before resale by dealer. All precious metals purchased by a dealer must be held for thirty (30) days in the dealer's possession, before being resold, exchanged. melted or altered in any manner. If the items purchased are held or stored at a location other than the dealer's premises licensed under this section, the location of these goods and the holder's identification must be filed with the Police Chief within twenty-four (24) hours from the time of purchase. All goods required to be held LeadsOnline is the largest online investigative system used by law enforcement agencies to recover stolen property and solve crimes and is compatible with the National G ime Information Center(NCIC). Electronic Reporting Ordinance Page 3 under this section shall be available at all times for inspection by the Police Chief or a person duly authorized by the Police Chief to inspect the goods. (i) The Chief of Police or his/her duly authorized agent, shall provide a list ('hot sheet") of stolen goods containing precious metals to all precious metals dealers licensed under this section. 0) It shall be unlawful for any precious metals dealer to take, purchase or receive any precious metals from any person who is under the age of eighteen (1 S) years. Section 11. Chapter 4, Article 4. Section 4-51 addressing Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers and Recycling Operations of the South Bend Municipal Code is amended by changing paragraph (k) to read as follows: (k) Electronic, Report to Police and Records Required lot- Inspection and Holding Requirements for Scrap Metal andlor Valuable Metals; Ferrous and/or Nonferrous Metal. (1) Every dealer or operator shall maintain a physical sales report of scrap metal and/or valuable metals. Each dealer or operator shall keep and preserve data on or through an electronic or computer data system database on a daily basis for the preceding 24-hour period of all purchases of any scrap metal and valuable metal items, unless exempted by this section. Such information shall be sent via electronic forms of transmission to the South Bend Police Department using the Records Management System being used by the South Bend Police Department. The data shall include the time of purchase of any article of any scrap metal and/or valuable metals and include Nhether any is marked with a serial number or marked with an owner's engraving or mark. The reports must contain the sellers full legal name. physical address, date of bitch. gender, race, height and weight, as well as the price paid for each item, the purchase date and time, a description of each article purchased. including identifying marks, engravings, the manufacturer of the item, model number of the item, the serial number of the item, and the seller's driver's license number or the number of anv other identification issued by a governmental authority bearing the seller's photograph. The form shall also bear a digital photograph of the items bring purchased and a clear, inked. or digital, impression of the seller's right thumb print and the same transaction number as recorded in the dealer's record book as required by paragraph (2) below. If the right thumb is missing any of the customers' fingerprints maN be used with an identification of what finger is used in the tight thumb's absence written adjacent to the inked or digital fingerprint on the form. The inked or digital fingerprint shall be made in a manner readable by the Police Department and shall not be blurred or obliterated. (2) Any dealer or operator ss ho is required to be licensed under this section and who has a record with the City of having violated any of the provisions of this section within the past calendar year, shall be required to place a hold on all ferrous and or nonferrous metal purchased for a period of one (1 ) business day after notification to the local law enforcement agency required by subsection (2) above. The license issued under this section shall specify the amount of time the items are to be held. (3) The dealer or operator shall also record the seller's physical description and a description of the property purchased, as required by this section, and shall retain the physical sales report and information for three (3) years from the date of the last purchase recorded therein. Electronic Reporting Ordinance Page 4 (4) Any records required to be kept or maintained under this section shall be available at all times for inspection by the Police Chief or person duly authorized by him or her to inspect the records. Section 111. Chapter 4, Article 4, Section 4-53 addressing Secondhand Stores of the South Bend Municipal Code is amended by changing paragraphs (d), (e) (f) to read in their entirety as follows; and by deleting paragraph (g) in its entirety and re-lettering the paragraphs affected by this deletion: (d) License /ee. The applicant for a second hand store license shall pay an annual fee of one hundred fifteen dollars to the Controller, upon approval of the Board and Police Department and issuance of the license. (e) Electronic Report to Police and Records Required; Contents. (I) Every dealer shall maintain a physical secondhand sales report. Each dealer shall keep and preserve data on or through an electronic or computer data system database on a daily basis for the preceding 24-hour period of all purchases of any precious metal items. Such information shall be sent via electronic forms of transmission to the South Bend Police Department using the Records Management System being used by the South Bend Police Department. The data shall include the time of purchase of an% article of firearm, electronic items, appliances, equipment, tools or other item originally marked tiith a serial number or marked with an owner's engraving or mark. The reports must contain the sellers full legal name, physical address, date of birth, gender, race, height and weight, as well as the price paid for each item, the purchase date and time, a description of each article purchased, including identifying marks, engravings, the manufacturer of the item, model number of the item. the serial number of the item, and the sellers driver's license number or the number of any other identification issued by a governmental authority bearing the seller's photograph. The form shall also bear a digital photograph of the items bring purchased and a clear, inked. or digital, impression of the seller's right thumb print and the same transaction number as recorded in the dealer's record book as required by paragraph (2) below. If the right thumb is missing any of the customers' fingerprints may be used with an identification of what finger is used in the right thumbs absence written adjacent to the inked or digital fingerprint on the form. The inked or digital fingerprint shall be made in a manner readable by the Police Department and shall not be blurred or obliterated. (2) The dealer shall also record the sellers physical description and a description of the property purchased, as required by this section, and shall retain the physical secondhand sales report and information for three (3) years from the date of the last purchase recorded therein. (3) Any records required to be kept or maintained under this section shall be available at all times for inspection by the Police Chief or person duly authorized by him or her to inspect the records. (f) Secondhand Purchased Items to he Held Before Resale hi- Dealer. All secondhand purchased items, purchased by a dealer, must be held for fifteen (15) days in the dealer's possession, before being resold, exchanged, or altered in any manner. If the items purchased are held or stored at a location other than the dealer's premises licensed under this section, the location of these goods and the holder's identification must be tiled with the Police Chief within twenty-four (24) hours form the time of Electronic Reporting Ordinance Page 5 purchase. All goods required to be held under this section shall be available at all times for inspection by the Police Chief or a person duly authorized by the Police Chief to inspect the goods. Section IV. If any section, subsection, sentence clause or phrase of this Article 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 V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication and shall be enforced beginning January 1, 2014. Council Member Karen L. White Health & Public Safety Committee Chairperson Council Member at Large of the Common Council Council Tim Scott I" District Council Member of the Common Council fit.• John Voorde, City Clerk 'rermmdby 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 ,9)06v edanddynedby me on the day of 2013 at o'clock_.m. Pete Buttigieg Mayor City of South Bend, Indiana 1 st READiNG j PU6LIC HEARING 3rd READING NOT APPROVED Q ,l REFERRED CITY GLk3F:�., . .'. PASSED `�..� SOU TN 6� 0�� %o City of South Bend U , s . \RACE a Common Council • x 16 441 County-City Building . 227W.Jefferson Blvd (574) 235-9321 November 19,201S�uth Bend, Indiana 46601-1830 Fax (574) 235-9173 http://w .southbeadin.gov Derek D. Dieter President Members of the Common Council 4°i Floor County-City Building Oliver J. Davis South Bend, Indiana 46601 Vice-President Re: Electronic Reporting Requirements for Precious Metal Dealers, Scrap Metal Karen L. White Dealers, Valuable Metal Dealers, and Secondhand Stores Chairperson, Committee of the Whole Dear Council Members: Titre Scott First District Since January of this year, the South Bend Police Department has been reviewing information to determine the best online investigative systems which would help deter Henry Davis, Jr. and solve crimes. The spike in copper theft, in bronze vases from cemeteries, other Second District valuable metals, & other items stolen have negatively impacted many in our community. Valerie Schey The South Bend Police Department has recommended that software, known as Third District LeadsOnline, be used to help deter crimes and assist in improving compliance with local Fred Ferlic laws governing precious metal dealers, scrap metal dealers, valuable metal dealers, and Fourth District secondhand stores. LeadsOnline provides rapid electronic access to transactions from thousands of reporting businesses across the country which helps to locate stolen goods, David Varner and is also an effective tool in daily investigations. Fifth District Members of the Police Department will be providing more detailed information about Oliver J. Davis LeadsOnline. However in order to move forward, electronic reporting requirements are Sixth District needed for the listed types of businesses. The attached ordinance amends those sections Derek D. Dieter of the Sou/h Bend.1unicipal Code which would be needed to require electronic reporting At Large as part of their licensing requirements. Gavin Ferlic Thousands of cities across the nation have gone to electronic reporting which has resulted At Large in residents and businesses being able to retrieve stolen items much more quickly. We believe that this system would help deter the resale of stolen items and would help deter Karen L. White theft for profit. By the passage of this ordinance, it could be in effect in 2014. We At Large request that the Bill be sent to the Health and Public Safety Committee and the Personnel and Finance Committee for a joint committee hearing and have a public hearing before the Common Council on Ylondav December 9. 2013. Thank you. Council Member Karen L, White Council Member Tim,4cR14 i Health & Public Safety Chairperson 1" District Council Member.__ l`tl Y ";j. . _ BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8 THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2-116.1 CITY RESIDENCY REQUIREMENTS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council recognizes that Indiana Code § 3-5-5-0.2 through Indiana Code § 3-5-5-18 is a chapter entirely devoted to "Standards for Determining Residency" which applies to voters, candidates and persons holding an elected office. This chapter was updated with the passage of Public Law 258-2013 which took effect on July 1, 2013. The Common Council further recognizes there are several Indiana state laws which address residency requirements such as Indiana Code § 36-8-4-2 which address residency requirements for swom members of the police and fire departments; Indiana Code § 36-479-11 which address residency requirements for the head of the Department of Law in 2"d and 3'd class Indiana cities, and all of the various residency requirements for persons wishing to run for elected office of municipality. The South Bend Common Council passed Ordinance No. 6002-76 on July 26, 1976 which established residency requirements for "all persons appointed to any office or selected for any employment by the city of South Bend, or any department, agency, or subdivision thereof..." That ordinance remained in effect for almost ten (10) years. It was subsequently repealed when Ordinance No. 7621-86 was passed on April 1, 1986 noting that "a substantial part of the City's workforce, namely sworn police officers and sworn firefighters" were exempt in light of governing state law and that there were difficulties 'overseeing and enforcing" the regulations. In Guserreile v. Citt- of H ood River. 374 F. 3d 569 (7`s Cir. 2004), the Court of Appeals affirmed the District Court's decision which involved city residency requirements. The overall benefits to the City of South Bend by having residency requirements for all full-time and part-time employees, who are not exempted by Indiana state law, would have positive effects on housing, taxes. public education, and the potential to capture more monies in having their participation in eating venues, cultural venues, etc. which are located within the City of South Bend. Furthermore, by utilizing "Employment Eligibility Verification Form 1-9" which has been in effect since November 6. 1986, requiring employers to verify an employee's identity, past difficulties experienced by the City related to implementation and enforcement may be eliminated. Unless provided otherwise. Indiana continues to abide by the employment-at-will doctrine where by employment may be terminable by either party, at any time and with or City Residency Requirements Ordinance Page 2 without cause. The positive benefits of residency requirements provide a rational basis for enacting reasonable governmental regulations in this area. 9�Q, � &&6o> &lieerd by the Common Council of the City of South Bend, Indiana, as follows: Section 1. Chapter 2, Article 8 of the South Bend Municipal Code shall be amended by the inclusion of new Section 2-116.1 which shall read in its entirety as follows: Sec. 2-116.1 City Residency Requirements. (a) Definitions: As used in this Section, the following definitions shall apply: (1) Bona fide resident of the city is a person who maintains his or her permanent place of domicile within the City limits and resides at that location. (2) City is the City of South Bend, Indiana. (3) Domicile is where a person physically lives and resides. (4) Emplgvee is a person employed by the City of South Bend and earns wages or a salary as a result of such employment "ith the City. (5) Emplgvnient Eligibili(v Verification Form 1-9 is the form required to be used by an employer in the United States. (6) Full-Time Employee is an employee who is not a part-time status and who is regularly scheduled to work a full-time scheduled forty (40) hours per week, or a reduced full-time schedule of thirty-two (32) hours or more per week as approved by the Mayor on a voluntary basis.1 (7) Part-Time Fn7plovee is an employee who is not assigned to a full-time status and who is scheduled to work less that the City's full-time schedule. (b) Residenev Requirements for.e'en Full-Trine or Part-Time Emplcryees: After March 1, 2014, any person who accepts full-time or part-time employment with the City, must be a bona fide resident of the City or be domiciled within the City within six (6) months of the date of beginning employment with the City. Ordinance No. 10266-13 passed by the South Bend Common Council on October 30.2013 and approved by the Mayor on November 6. 2013 provides in Section III "Employee Definitions' for full-time employee and Part-time employee,and does not provide definitions for seasonal or temporary employees. City Residency Requirements Ordinance Page 3 (c) Address: The address listed by a person who accepts full-time or part-time employment with the City on the Employment Eligibility Verification Form I-9 shall be the address which the City shall verify to determine compliance with this Section. (d) Violation: Any employee of the City who fails to establish that he or she is a bona fide resident of the City within six (6) months of his or her appointment, employment, or signing of the Employment Eligibility Verification Form 1-9, shall be in violation of this Section, unless he or she meets one of the exemptions of paragraph (e) of this Section. Any employee found in violation of this Section shall be terminated from employment with the City. (e) Limited Exemptions: (1) Any new full-time or part-time employee who are specifically exempted by Indiana state law, and therefore exempted from the residency requirements set forth in this Section. (2) Any new or part-time employee who has entered into a contract for the construction of a new residential dwelling located in the City whose date of completion is after the six (6) month period requirement addressed in paragraph (d) of this Section. In such instances, a copy of the contract for construction must be tendered to the City. (3) Any current full-time or part-time employee employed by the City when this Section takes effect. unless such employee subsequently moves out of the City. Section 11. 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 111. This ordinance shall be in full force and effect on October 1, 2013, and from and after its passage by the Common Council, approval by the Mayor and legal publication. Henry Davis. Jr, 2'a District Council Member z Indiana Code§ 36-8-4-2 sets forth residency requirements for sworn members of the police and fire departments. Indiana Code § 36-0-9-1 1 sets forth residencN requirements for the head of the Department of Law. These references are examples of current state laws in effect and are not intended to be exhaustive of governing laws in this area. City Residency Requirements Ordinance Page 4 Office of the City Clerk �reJere%dL�ffm &i,, C44.,yoNi, 9,-0a mm' d, "naanm on the day of 2013 at o'clock . m. Office of the City Clerk -*~edand W—Ywed by me on the day of , 2013 at o'clock _.m. Pete Buttigieg Mayor of the City of South Bend, Indiana 1st READING PUBLIC HEARING 3rd READING NOT APPROVED REFERRED -�--—� u ',v cscND,IN PASSED 2 E Instructions for Employment Eligibility Verification USCIS Form I-9 �f Jz Department of Homeland Security OMB No. 1615-0047 U.S. Citizenship and Immigration Services Expires 03/31/2016 Read all instructions carefully before completing this form. Anti-Discrimination Notice. It is illegal to discriminate against any work-authorized individual in hiring, discharge, recruitment or referral for a fee, or in the employment eligibility verification (Form I-9 and E-Verify)process based on that individual's citizenship status, immigration status or national origin. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because the documentation presented has a future expiration date may also constitute illegal discrimination. For more information, call the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) at 1-800-255-7688 (employees), 1-800-255-8155 (employers),or 1-800-237-2515 (TDD),or visit www.lustice.govlcrUabout/ose. What Is the Purpose of This Form? Employers must complete Form 1-9 to document verification of the identity and employment authorization of each new employee(both citizen and noncitizen) hired after November 6, 1986, to work in the United States. In the Commonwealth of the Northern Mariana Islands(CNMI),employers must complete Form I-9 to document verification of the identity and employment authorization of each new employee(both citizen and noncitizen)hired after November 27, 2011. Employers should have used Form 1-9 CNMI between November 28, 2009 and November 27, 2011. General Instructions Employers are responsible for completing and retaining Form 1-9. For the purpose of completing this form, the tern "employer" means all employers, including those recruiters and referrers for a fee who are agricultural associations, agricultural employers, or farm labor contractors. Form 1-9 is made up of three sections. Employers may be fined if the form is not complete. Employers are responsible for retaining completed forms. Do not mail completed forms to U.S. Citizenship and Immigration Services(USCIS) or Immigration and Customs Enforcement (ICE). Section 1. Employee Information and Attestation Newly hired employees must complete and sign Section I of Form 1-9 no later than the first day of crnplovment. Section I should never be completed before the employee has accepted a job offer. Provide the following information to complete Section 1: Name: Provide your full legal last name, first name, and middle initial. Your last name is your family name or surname. If you have two last names or a hyphenated last name, include both names in the last name field. Your first name is your given name. Your middle initial is the first letter of your second given name, or the first letter of your middle name, if any. Other names used: Provide all other names used, if any(including maiden name). If you have had no other legal names, write "N/A." Address: Provide the address where you currently live, including Street Number and Name,Apartment Number(if applicable), City, State,and Zip Code. Do not provide a post office box address (P.O. Box). Only border commuters from Canada or Mexico may use an international address in this field. Date of Birth: Provide your date of birth in the mm/dd/yyyy format. For example,January 23, 1950, should be written as 01/23/1950. U.S. Social Security Number: Provide your 9-digit Social Security number. Providing your Social Security number is voluntary. However, if your employer participates in E-Verify, you must provide your Social Security number. E-mail Address and Telephone Number(Optional): You may provide your e-mail address and telephone number. Department of Homeland Security(DHS)may contact you if DHS learns of a potential mismatch between the information provided and the information in DHS or Social Security Administration (SSA) records. You may write "N/A" if you choose not to provide this information. EMPLOYERS MUST RETAIN COMPLETED FORM 1-9 Form 1-9 instructions 03/08/13 N DO NOT MAIL COMPLETED FORM 1-9 TO ICE OR USCIS Page I of 9 All employees must attest in Section 1,under penalty of perjury, to their citizenship or immigration status by checking one of the following four boxes provided on the form: 1. A citizen of the United States 2. A noncitizen national of the United States: Noncitizen nationals of the United States are persons born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands,and certain children of noncitizen nationals born abroad. 3. A lawful permanent resident: A lawful permanent resident is any person who is not a U.S. citizen and who resides in the United States under legally recognized and lawfully recorded permanent residence as an immigrant. The term "lawful permanent resident" includes conditional residents. If you check this box, write either your Alien Registration Number(A-Number) or USCIS Number in the field next to your selection. At this time,the USCIS Number is the same as the A-Number without the"A"prefix. 4. An alien authorized to work: If you are not a citizen or national of the United States or a lawful permanent resident, but are authorized to work in the United States, check this box. If you check this box: a. Record the date that your employment authorization expires, if any. Aliens whose employment authorization does not expire, such as refugees, asylees, and certain citizens of the Federated States of Micronesia,the Republic of the Marshall Islands, or Palau,may write"N/A" on this line. b. Next, enter your Alien Registration Number(A-Number)/USCIS Number. At this time, the USCIS Number is the same as your A-Number without the"A" prefix. If you have not received an A-Number/USCIS Number, record your Admission Number. You can find your Admission Number on Form 1-94,"Arrival-Departure Record,"or as directed by USCIS or U.S. Customs and Border Protection(CBP). (1) If you obtained your admission number from CBP in connection with your arrival in the United States, then also record information about the foreign passport you used to enter the United States(number and country of issuance). (2) If you obtained your admission number from USCIS within the United States,or you entered the United States without a foreign passport, you must write "N-A" in the Foreign Passport Number and Country of Issuance fields. Sign your name in the "Signature of Employee" block and record the date you completed and signed Section 1. By signing and dating this form,you attest that the citizenship or immigration status you selected is correct and that you are aware that you may be imprisoned and/or fined for snaking false statements or using false documentation when completing this form. To fully complete this form,you must present to your employer documentation that establishes your identity and employment authorization. Choose which documents to present from the Lists of Acceptable Documents, found on the last page of this form. You trust present this documentation no later than the third day after beginning employment, although you may present the required documentation before this date. Preparer and/or Translator Certification The Preparer and/or Translator Certification must be completed if the employee requires assistance to complete Section I (e.g., the employee needs the instructions or responses translated, someone other than the employee fills out the information blocks, or someone with disabilities needs additional assistance). The employee must still sign Section 1. Minors and Certain Employees with Disabilities (Special Placement) Parents or legal guardians assisting minors(individuals under 18) and certain employees with disabilities should review the guidelines in the Handbook for Employers:Instructions for Completing Farm I-9(M-274) on www.uscis.gov/ 1-9Central before completing Section 1. These individuals have special procedures for establishing identity if they cannot present an identity document for Form 1-9. The special procedures include(1)the parent or legal guardian filling out Section 1 and writing "minor under age 18" or"special placement,"whichever applies, in the employee signature block; and (2) the employer writing"minor under age 18" or"special placement" under List B in Section 2. Fonn 1-9 Instructions 03/08/13 N Page 2 of 9 All employees must attest in Section 1,under penalty of perjury, to their citizenship or immigration status by checking one of the following four boxes provided on the form: 1. A citizen of the United States 2. A noncitizen national of the United States: Noncitizen nationals of the United States are persons born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands,and certain children of noncitizen nationals bom abroad. 3. A lawful permanent resident: A lawful permanent resident is any person who is not a U.S. citizen and who resides in the United States under legally recognized and lawfully recorded permanent residence as an immigrant. The term "lawful permanent resident" includes conditional residents. If you check this box,write either your Alien Registration Number(A-Number) or USCIS Number in the field next to your selection. At this time, the USCIS Number is the same as the A-Number without the "A"prefix. 4. An alien authorized to work: If you are not a citizen or national of the United States or a lawful permanent resident, but are authorized to work in the United States, check this box. If you check this box: a. Record the date that your employment authorization expires, if any. Aliens whose employment authorization does not expire, such as refugees, asylees, and certain citizens of the Federated States of Micronesia,the Republic of the Marshall Islands,or Palau,may write "N/A" on this line. b. Next,enter your Alien Registration Number(A-Number)/USCIS Number. At this time,the USCIS Number is the same as your A-Number without the "A"prefix. If you have not received an A-Number/USCIS Number, record your Admission Number. You can find your Admission Number on Form 1-94,"Arrival-Departure Record," or as directed by USCIS or U.S. Customs and Border Protection(CBP). (1) If you obtained your admission number from CBP in connection with your arrival in the United States, then also record information about the foreign passport you used to enter the United States (number and country of issuance). (2) If you obtained your admission number from USCIS within the United Slates, or you entered the United States without a foreign passport,you must write "N/A" in the Foreign Passport Number and Country of Issuance fields. Sign your name in the "Signature of Employee" block and record the date you completed and signed Section 1. By signing and dating this form,you attest that the citizenship or immigration status you selected is correct and that you are aware that you may be imprisoned and/or fined for making false statements or using false documentation when completing this form.To fully complete this form,you must present to your employer documentation that establishes your identity and employment authorization. Choose which documents to present from the Lists of Acceptable Documents, found on the last page of this form. You must present this documentation no later than the third day after beginning employment, although you may present the required documentation before this date. Preparer and/or Translator Certification The Preparer and/or Translator Certification must be completed if the employee requires assistance to complete Section I (e.g., the employee needs the instructions or responses translated, someone other than the employee fills out the information blocks, or someone with disabilities needs additional assistance). The employee must still sign Section 1. Minors and Certain Employees with Disabilities(Special Placement) Parents or legal guardians assisting minors (individuals under 18)and certain employees with disabilities should review the guidelines in the Handbookfor Employers:Instructions for Completing Form 1-9 (M-274)on www.uscis.gov/ I-9Central before completing Section 1. These individuals have special procedures for establishing identity if they cannot present an identity document for Form I-9. The special procedures include (1)the parent or legal guardian filling out Section 1 and writing "minor under age 18"or"special placement," whichever applies, in the employee signature block; and (2)the employer writing "minor under age 18"or"special placement"under List B in Section 2. Form 1-9 Instructions 03/08/13 N Page 2 of 9 Section 2. Employer or Authorized Representative Review and Verification Before completing Section 2,employers must ensure that Section 1 is completed properly and on time. Employers may not ask an individual to complete Section 1 before he or she has accepted a job offer. Employers or their authorized representative must complete Section 2 by examining evidence of identity and employment authorization within 3 business days of the employee's first day of employment. For example, if an employee begins employment on Monday,the employer must complete Section 2 by Thursday of that week. However, if an employer hires an individual for less than 3 business days, Section 2 must be completed no later than the first day of employment. An employer may complete Form 1-9 before the first day of employment if the employer has offered the individual ajob and the individual has accepted. Employers cannot specify which document(s)employees may present from the Lists of Acceptable Documents, found on the last page of Form I-9, to establish identity and employment authorization. Employees must present one selection from List A OR a combination of one selection from list B and one selection from List C. List A contains documents that show both identity and employment authorization. Some List A documents are combination documents. The employee must present combination documents together to be considered a List A document. For example, a foreign passport and a Form I-94 containing an endorsement of the alien's nonimmigrant status must be presented together to be considered a List A document. List B contains documents that show identity only,and List C contains documents that show employment authorization only. If an employee presents a List A document, he or she should not present a List B and List C document,and vice versa. If an employer participates in E-Verify, the List B document must include a photograph. In the field below the Section 2 introduction, employers must enter the last name, first name and middle initial, if any, that the employee entered in Section 1. This will help to identify the pages of the form should they get separated. Employers or their authorized representative must: 1. Physically examine each original document the employee presents to determine if it reasonably appears to be genuine and to relate to the person presenting it. The person who examines the documents must be the same person who signs Section 2. The examiner of the documents and the employee must both be physically present during the examination of the employee's documents. 2. Record the document title shown on the Lists of Acceptable Documents, issuing authority, document number and expiration date (if any) from the original document(s) the employee presents. You may write "N/A" in any unused fields. If the employee is a student or exchange visitor who presented a foreign passport with a Form 1-94, the employer should also enter in Section 2: a. The student's Fonn 1-20 or DS-2019 number(Student and Exchange Visitor Information System-SEVIS Number); and the program end date from Form 1-20 or DS-2019. 3. Under Certification,enter the employee's first day of employment. Temporary staffing agencies may enter the first day the employee was placed in a job pool. Recruiters and recruiters for a fee do not enter the employee's first day of employment. 4. Provide the name and title of the person completing Section 2 in the Signature of Employer or Authorized Representative field. 5. Sign and date the attestation on the date Section 2 is completed. 6. Record the employer's business name and address. 7. Return the employee's documentation. Employers may, but are not required to, photocopy the document(s)presented. If photocopies are made,they should be made for ALL new hires or reverifications. Photocopies must be retained and presented with Form 1-9 in case of an inspection by DHS or other federal government agency. Employers must always complete Section 2 even if they photocopy an employee's document(s). Making photocopies of an employee's document(s) cannot take the place of completing Form 1-9. Employers are still responsible for completing and retaining Form 1-9. Form 1-9 Instructions 03/08/13 N Page 3 of 9 Unexpired Documents Generally,only unexpired, original documentation is acceptable. The only exception is that an employee may present a certified copy of a birth certificate. Additionally,in some instances,a document that appears to be expired may be acceptable if the expiration date shown on the face of the document has been extended, such as for individuals with temporary protected status. Refer to the Handbook.for Emplovers:Instructions for Completing Form I-9(M-274) or 1-9 Central (www.uscis.gov/1-9Central) for examples. Receipts If an employee is unable to present a required document (or documents), the employee can present an acceptable receipt in lieu of a document from the Lists of Acceptable Documents on the last page of this form. Receipts showing that a person has applied for an initial grant of employment authorization,or for renewal of employment authorization,are not acceptable. Employers cannot accept receipts if employment will last less than 3 days. Receipts are acceptable when completing Form 1-9 for a new hire or when reverification is required. Employees must present receipts within 3 business days of their first day of employment,or in the case of reverification, by the date that reverification is required,and must present valid replacement documents within the time frames described below. There are three types of acceptable receipts: 1. A receipt showing that the employee has applied to replace a document that was lost, stolen or damaged. The employee must present the actual document within 90 days from the date of hire. 2. The arrival portion of Form 1-94/1-94A with a temporary 1-551 stamp and a photograph of the individual. The employee must present the actual Permanent Resident Card (Form 1-551) by the expiration date of the temporary 1-551 stamp,or, if there is no expiration date, within 1 year from the date of issue. 3. The departure portion of Form 1-94/1-94A with a refugee admission stamp. The employee must present an unexpired Employment Authorization Document(Form 1-766) or a combination of a List B document and an unrestricted Social Security card within 90 days. When the employee provides an acceptable receipt, the employer should: 1. Record the document title in Section 2 under the sections titled List A, List B, or List C,as applicable. 2. Write the word "receipt" and its document number in the"Document Number" field. Record the last day that the receipt is valid in the "Expiration Date" field. By the end of the receipt validity period, the employer should: 1. Cross out the word "receipt' and any accompanying document number and expiration date. 2. Record the number and other required document information from the actual document presented. 3. Initial and date the change. See the Handbook for Emplovers: Instructions for Completing Form 1-9(M-274) at wwtiv.uscis.gov/1-9Central for more information on receipts. Section 3. Reverifcation and Rehires Employers or their authorized representatives should complete Section 3 when reverifying that an employee is authorized to work.When rehiring an employee within 3 years of the date Fonr 1-9 was originally completed,employers have the option to complete a new Form 1-9 or complete Section 3. When completing Section 3 in either a reverification or rehire situation, if the employee's name has changed, record the name change in Block A. For employees who provide an employment authorization expiration date in Section 1, employers must reverify employment authorization on or before the date provided. Fom 1-9 Instructions 03/08/13 N Page 4 of 9 Unexpired Documents Generally, only unexpired, original documentation is acceptable. The only exception is that an employee may present a certified copy of a birth certificate. Additionally, in some instances, a document that appears to be expired may be acceptable if the expiration date shown on the face of the document has been extended, such as for individuals with temporary protected status. Refer to the Handbook for Employers:Instructions for Completing Form 1-9(M-274) or 1-9 Central (www.uscis.gov/I-9Central) for examples. Receipts If an employee is unable to present a required document(or documents),the employee can present an acceptable receipt in lieu of a document from the Lists of Acceptable Documents on the last page of this form. Receipts showing that a person has applied for an initial grant of employment authorization,or for renewal of employment authorization,are not acceptable. Employers cannot accept receipts if employment will last less than 3 days. Receipts are acceptable when completing Form 1-9 for a new hire or when reverification is required. Employees must present receipts within 3 business days of their first day of employment, or in the case of reverification, by the date that reverification is required,and must present valid replacement documents within the time frames described below. There are three types of acceptable receipts: 1. A receipt showing that the employee has applied to replace a document that was lost, stolen or damaged. The employee must present the actual document within 90 days from the date of hire. 2. The arrival portion of Fonn 1-94/1-94A with a temporary 1-551 stamp and a photograph of the individual. The employee must present the actual Permanent Resident Card (Form 1-551)by the expiration date of the temporary 1-551 stamp, or, if there is no expiration date,within 1 year from the date of issue. 3. The departure portion of Form 1-94/1-94A with a refugee admission stamp. The employee must present an unexpired Employment Authorization Document(Form I-766) or a combination of a List B document and an unrestricted Social Security card within 90 days. When the employee provides an acceptable receipt,the employer should: 1. Record the document title in Section 2 under the sections titled List A,List B, or List C,as applicable. 2. Write the word "receipt" and its document number in the "Document Number" field. Record the last day that the receipt is valid in the "Expiration Date" field. By the end of the receipt validity period,the employer should 1. Cross out the word "receipt" and any accompanying document number and expiration date. 2. Record the number and other required document information from the actual document presented. 3. Initial and date the change. See the Handbook forEntployers: Instructions for Completing Form 1-9(M-274)at www.uscis.gov/]-9Central for more information on receipts. Section 3. Reverification and Rehires Employers or their authorized representatives should complete Section 3 when reverifying that an employee is authorized to work. When rehiring an employee within 3 years of the date Form 1-9 was originally completed, employers have the option to complete a new Form 1-9 or complete Section 3. When completing Section 3 in either a reverification or rehire situation,if the employee's name has changed, record the name change in Block A. For employees who provide an employment authorization expiration date in Section 1,employers must reverify employment authorization on or before the date provided. Form 1-9 Instructions 03/08/13 N Page 4 of 9 Some employees may write "N/A" in the space provided for the expiration date in Section 1 if they are aliens whose employment authorization does not expire(e.g.,asylees,refugees,certain citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, or Palau). Reverification does not apply for such employees unless they chose to present evidence of employment authorization in Section 2 that contains an expiration date and requires reverification, such as Form I-766, Employment Authorization Document. Reverification applies if evidence of employment authorization (List A or List C document)presented in Section 2 expires. However,employers should not reverify: 1. U.S. citizens and noncitizen nationals; or 2. Lawful permanent residents who presented a Permanent Resident Card (Form 1-551) for Section 2. Reverification does not apply to List B documents. If both Section I and Section 2 indicate expiration dates triggering the reverification requirement, the employer should reverify by the earlier date. For reverification, an employee must present unexpired documentation from either List A or List C showing he or she is still authorized to work. Employers CANNOT require the employee to present a particular document from List A or List C. The employee may choose which document to present. To complete Section 3,employers should follow these instructions: 1. Complete Block A if an employee's name has changed at the time you complete Section 3. 2. Complete Block B with the date of rehire if you rehire an employee within 3 years of the date this form was originally completed, and the employee is still authorized to be employed on the same basis as previously indicated on this form. Also complete the"Signature of Employer or Authorized Representative"block. 3. Complete Block C if: a. The employment authorization or employment authorization document of a current employee is about to expire and requires reverification;or b. You rehire an employee within 3 years of the date this form was originally completed and his or her employment authorization or employment authorization document has expired. (Complete Block B for this employee as well.) To complete Block C: a. Examine either a List A or List C document the employee presents that shoN+s that the employee is currently authorized to work in the United States; and b. Record the document title, document number, and expiration date(if any). 4. After completing block A, B or C. complete the "Signature of Employer or Authorized Representative" block. including the date. For reverification purposes,employers may either complete Section 3 of a new Fonn 1-9 or Section 3 of the previously completed Form I-9. Any new pages of Form 1-9 completed during reverification must be attached to the employee's original Form 1-9. If you choose to complete Section 3 of a new Form 1-9, you may attach just the page containing Section 3, with the employee's name entered at the top of the page, to the employee's original Form 1-9. If there is a more current version of Form 1-9 at the time of reverification, you must complete Section 3 of that version of the form. What Is the Filing Fee? There is no fee for completing Form 1-9. This form is not filed with USCIS or any government agency. Form 1-9 must be retained by the employer and made available for inspection by U.S. Government officials as specified in the "USCIS Privacy Act Statement" below. USCIS Forms and Information For more detailed information about completing Form 1-9, employers and employees should refer to the Handbook for Employers:Instructions for Completing Form 1-9(M-274). Fonn 1-9 Instructions 03/08/13 N Page 5 of 9 You can also obtain information about Form I-9 from the USCIS Web site at www.uscis.gov/1-9Central,by e-mailing USCIS at I-9Central@dhs.gov, or by calling 1-888-464-4218. For TDD(hearing impaired),call 1-877-875-6028. To obtain USCIS forms or the Handbook.for Employers,you can download them from the USCIS Web site at www.uscis. gov/fonns.You may order USCIS forms by calling our toll-free number at 1-800-870-3676. You may also obtain forms and information by contacting the USCIS National Customer Service Center at 1-800-375-5283. For TDD (hearing impaired), call 1-800-767-1833. Information about E-Verify,a free and voluntary program that allows participating employers to electronically verify the employment eligibility of their newly hired employees, can be obtained from the USCIS Web site at www dhs. og_v/F- Verify,by e-mailing USCIS at E-Verifygdhs.gov m by calling 1-888-464-4218. For TDD(hearing impaired), call 1-877-875-6028. Employees with questions about Form 1-9 and/or E-Verify can reach the USCIS employee hotline by calling 1-888-897-7781. For TDD (hearing impaired),call 1-877-875-6028. Photocopying and Retaining Form 1-9 A blank Form 1-9 may be reproduced,provided all sides are copied. The instructions and Lists of Acceptable Documents must be available to all employees completing this form. Employers must retain each employee's completed Form I-9 for as long as the individual works for the employer. Employers are required to retain the pages of the form on which the employee and employer enter data. If copies of documentation presented by the employee are made, those copies must also be kept with the form. Once the individual's employment ends, the employer must retain this form for either 3 years after the date of hire or I year after the date employment ended,whichever is later. Form 1-9 may be signed and retained electronically, in compliance with Department of Homeland Security regulations at 8 CFR 274a.2. USCIS Privacy Act Statement AUTHORITIES: The authority for collecting this information is the Immigration Reform and Control Act of 1986, Public Law 99-603 (8 USC 1324a). PURPOSE: This information is collected by employers to comply with the requirements of the Immigration Reform and Control Act of 1986. This law requires that employers verify the identity and employment authorization of individuals they hire for employment to preclude the unlawful hiring, or recruiting or referring for a fee,of aliens who are not authorized to work in the United States. DISCLOSURE: Submission of the information required in this form is voluntary. However, failure of the employer to ensure proper completion of this form for each employee may result in the imposition of civil or criminal penalties. In addition,employing individuals knowing that they are unauthorized to work in the United States may subject the employer to civil and/or criminal penalties. ROUTINE USES: This information will be used by employers as a record of their basis for determining eligibility of an employee to work in the United States. The employer will keep this form and make it available for inspection by authorized officials of the Department of Homeland Security, Department of Labor, and Office of Special Counsel for Immigration-Related Unfair Employment Practices. Paperwork Reduction Act An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated at 35 minutes per response, including the time for reviewing instructions and completing and retaining the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Regulatory Coordination Division,Office of Policy and Strategy, 20 Massachusetts Avenue NW, Washington,DC 20529-2140; OMB No. 1615-0047. Do not mail your completed Form 1-9 to this address. Fonn 1-9 Instructions 03/08/13 N Page 6of9 You can also obtain information about Form I-9 from the USCIS Web site at www.uscis.2ov/1-9Central,by e-mailing USCIS at I-9Centralnahs gov, or by calling 1-888-4644218. For TDD(hearing impaired), call 1-877-875-6028. To obtain USCIS forms or the Handbookfor Employers, you can download them from the USCIS Web site at www.uscis. gov/fonns. You may order USCIS forms by calling our toll-free number at 1-800-870-3676. You may also obtain forms and information by contacting the USCIS National Customer Service Center at 1-800-375-5283. For TDD(hearing impaired),call 1-800-767-1833. Information about E-Verify, a free and voluntary program that allows participating employers to electronically verify the employment eligibility of their newly hired employees, can be obtained from the USCIS Web site at www.dhs.gov/E- Verify, by e-mailing USCIS at E-Verify(a_)dhs.pov or by calling 1-8R8-464-4218. For TDD (hearing impaired), call 1-877-875-6028. Employees with questions about Form 1-9 and/or E-Verify can reach the USCIS employee hotline by calling 1-888-897-7781. For TDD (hearing impaired), call 1-877-875-6028. Photocopying and Retaining Form I-9 A blank Form I-9 may be reproduced, provided all sides are copied. The instructions and Lists of Acceptable Documents must be available to all employees completing this form. Employers must retain each employee's completed Form I-9 for as long as the individual works for the employer. Employers are required to retain the pages of the form on which the employee and employer enter data. If copies of documentation presented by the employee are made,those copies must also be kept with the form. Once the individual's employment ends, the employer must retain this form for either 3 years after the date of hire or I year after the date employment ended, whichever is later. Form 1-9 may be signed and retained electronically, in compliance with Department of Homeland Security regulations at 8 CFR 274a.2. USCIS Privacy Act Statement AUTHORITIES: The authority for collecting this information is the Immigration Reform and Control Act of 1986, Public Law 99-603 (8 USC 1324a). PURPOSE: This information is collected by employers to comply with the requirements of the Immigration Reform and Control Act of 1986. This law requires that employers verify the identity and employment authorization of individuals they hire for employment to preclude the unlawful hiring, or recruiting or referring for a fee, of aliens who are not authorized to work in the United States. DISCLOSURE: Submission of the information required in this form is voluntary. However, failure of the employer to ensure proper completion of this form for each employee may result in the imposition of civil or criminal penalties. In addition, employing individuals knowing that they are unauthorized to work in the United States may subject the employer to civil and/or criminal penalties. ROUTINE USES: This information will be used by employers as a record of their basis for determining eligibility of an employee to work in the United States. The employer will keep this form and make it available for inspection by authorized officials of the Department of Homeland Security, Department of Labor, and Office of Special Counsel for Immigration-Related Unfair Employment Practices. Paperwork Reduction Act An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated at 35 minutes per response, including the time for reviewing instructions and completing and retaining the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to: U.S. Citizenship and Immigration Services,Regulatory Coordination Division, Office of Policy and Strategy, 20 Massachusetts Avenue NW, Washington, DC 20529-2140; OMB No. 1615-0047. Do not mail your completed Form 1-9 to this address. Fonn 1-9 Instructions 03108/13 N Page 6 of 9 Employment Eligibility Verification USCIS Form 1-9 oUF Department of Homeland Security `4ND Sffp OMB No. 1615-0047 U.S. Citizenship and Immigration Services Expires 03/31/2016 ►START HERE. Read instructions carefully before completing this form.The instructions must be available during completion of this form. ANTI-DISCRIMINATION NOTICE: It is illegal to discriminate against work-authorized individuals.Employers CANNOT specify which document(s)they will accept from an employee. The refusal to hire an individual because the documentation presented has a future expiration date may also constitute illegal discrimination. Section 1. Employee Information and Attestation (Employees must complete and sign Section 1 of Form 1-9 no later than the first day of employment, but not before accepting a job offer.) Last Name(Family Name) First Name(Given Name) Middle Initial Other Names Used(if any) Address(Street Number and Name) Apt. or Town State Zip Code Date of Birth(mm/dd/yyyy) U.S.Social Security Number E-mail Address Telephone Number = I am aware that federal law provides for imprisonment and/or fines for false statements or use of false documents in connection with the completion of this form. 1 attest,under penalty of perjury,that I am(check one of the following): ❑ A citizen of the United States ❑ A noncitizen national of the United States (See instructions) ❑ A 'awful permanent resident(Alien Registration Number/USCIS Number): ❑ An alien authorized to work until(expiration date, if applicable,mm/dd/yyyy) .Some aliens may write"N/A"in this field. (See instructions) For aliens authorized to work,provide your Alien Registration Number'USCIS Number OR Form 1-94 Admission Number: 1.Alien Registration Number/USCIS Number: OR 3-D Barcode Do Not Write in This Space 2. Form 1-94 Admission Number: If you obtained your admission number from CBP in connection with your arrival in the United States, include the following: Foreign Passport Number: Country of Issuance: Some aliens may write"N/A"on the Foreign Passport Number and Country of Issuance fields. (See instructions) Signature of Employee: Date(mm/dd/yyyy): Preparer and/or Translator Certification (To be completed and signed if Section 1 is prepared by a person other than the employee.) I attest,under penalty of perjury,that I have assisted in the completion of this form and that to the best of my knowledge the information is true and correct. Signature of Preparer or Translator: Date(mm/dd/yyyy): Last Name(Family Name) First Name(Given Name) Address(Street Number and Name) City or Town State Zip Code Employer Completes Next Page Form 1-9 03/08/13 N Page 7of9 Section 2. Employer or Authorized Representative Review and Verification (Employers or their authorized representative must complete and sign Section 2 within 3 business days of the employee's first day of employment. You must physically examine one document from List A OR examine a combination of one document from List B and one document from List C as listed on the "Lists of Acceptable Documents"on the next page of this form.For each document you review,record the following information:document title, issuing authority,document number,and expiration date,if any.) Employee Last Name,First Name and Middle Initial from Section 1: List A OR List B AND List C Identity and Employment Authorization Identity Employment Authorization Document Title: Document Title: Document Title: Issuing Authority: Issuing Authority: Issuing Authority: Document Number: Document Number: Document Number: Expiration Date(if any)(mm/dd/yyyy): *. Expiration Date(if any)(mm/dd/yyyy): Expiration Date(if an Y )(mm/dd/YYYY): Document Title: Issuing Authority: Document Number. Expiration Date(if any)(mm/dd/yyyy): 3-D Barcode Document Title: Do Not Write in This Space Issuing Authority: Document Number'. Expiration Date(if any)(mm/dd/yyyy). Certification I attest, under penalty of perjury,that(1) 1 have examined the document(s) presented by the above-named employee,(2)the above-listed documents)appear to be genuine and to relate to the employee named,and (3)to the best of my knowledge the employee is authorized to work in the United States. The employee's first day of employment(mm/dd/yyyy): (See instructions for exemptions.) Signature of Employeror Authorized Representative Date(mm/ddlyyyy) Title o!Employer or Authorized Representative Last Name(Family Name) First Name(Given Name) Employer's Business or Organization Name Employer's Business or Organization Address(Street Number and Name) City or Town State Zip Code Section 3. Reveriftcation and Rehires (To be completed and signed byemployer or authorized representative.) A. New Name(if applicable)Last Name(Family Name) First Name(Given Name) Middle Initial B.Dale of Rehire(if applicable)(mm/dd,yyyy): C. If employee's previous grant of employment authorization has expired, provide the information for the document from List A or List C the employee presented that establishes current employment authorization in the space provided below. Document Title: Document Number. Expiration Date(if any)(mm/dd/yyyy): 1 attest,under penalty of perjury,that to the best of my knowledge,this employee is authorized to work in the United States,and if the employee presented document(s),the document(s)I have examined appear to be genuine and to relate to the individual. Signature of Employer or Authorized Representative: Date(mm/dd/yyyy): Print Name of Employer or Authorized Representative: Form 1-9 03/08;13 N Page R of 9 Section 2. Employer or Authorized Representative Review and Verification (Employers or their authorized representative must complete and sign Section 2 within 3 business days of the employee's first day of employment. You must physically examine one document from List A OR examine a combination of one document.from List B and one document from List C as listed on the "Lists of Acceptable Documents"on the next page of this form.For each document you review,record the following information:document title, issuing authority,document number,and expiration date,if any.) Employee Last Name,First Name and Middle Initial from Section 1: List A OR List B AND List C Identity and Employment Authorization Identity Employment Authorization Document Title: Document Title: Document Title: Issuing Authority: Issuing Authority: Issuing Authority: Document Number: n.Document Number: Document Number: a k Expiration Date(if any)(mmyddyyyyy). a Expiration Date(if any)(mmyddlyyyy): Expiration Date(if any)(mm/dd/yyyy): Document Title: Issuing Authority: Document Number: Expiration Date(if any)(mm/ddyyyyy): 3-D Barcode Document Title: Do Not Write in This Space Issuing Authority: Document Number Expiration Date(if any)(mm/ddyyyyy): Certification I attest, under penalty of perjury,that(1) 1 have examined the document(s)presented by the above-named employee,(2)the above-listed documents)appear to be genuine and to relate to the employee named,and(3)to the best of my knowledge the employee is authorized to work in the United States. The employee's first day of employment(mm/dd/yyyy): (See instructions for exemptions.) Signature of Employer or Authorized Representative Date(mm/dd/yyyy) Title of Employer or Authorized Representative Last Name(Family Name) First Name(Given Name) Employer's Business of Organization Name Employer's Business or Organization Address(Street Number and Name) City or Town State Zip Code Section 3. Reverification and Rehires (To be completed and signed by employer or authorized representative.) A.New Name(if applicable)Las(Name(Family Name) First Name(Given Name) Middle Initial B.Date of Rehire(if applicable)(M Y) C. If employee's previous grant of employment authorization has expired, provide the information for the document from List A or List C the employee presented that establishes current employment authorization in the space provided below. Document Title. Document Number. Expiration Date(tfany)(mMdtl/yyyy): I attest,under penalty of perjury,that to the best of my knowledge,this employee is authorized to work in the United States,and if the employee presented document(s),the documents)I have examined appear to be genuine and to relate to the individual. Signature of Employer or Authorized Representative. Date(mm/dd/yyyy): Print Name of Employer or Authorized Representative: Form 1-9 03708/13 N Page 8 of LISTS OF ACCEPTABLE DOCUMENTS All documents must be UNEXPIRED Employees may present one selection from List A or a combination of one selection from List B and one selection from List C. LIST A LIST B LIST C Documents that Establish Documents that Establish Documents that Establish Both Identity and Identity Employment Authorization Employment Authorization OR AND 1. U.S. Passport or U.S. Passport Card 1. Driver's license or ID card issued by a 1. A Social Security Account Number 2. Permanent Resident Card or Alien State or outlying possession of the card, unless the card includes one of Registration Receipt Card(Form 1-551) .4 United States provided it contains a the following restrictions. photograph or information such as (1) NOT VALID FOR EMPLOYMENT name, date of birth,gender, height, eye 3. Foreign passport that contains a color, and address (2) VALID FOR WORK ONLY WITH temporary 1-551 stamp or temporary INS AUTHORIZATION 1-551 printed notation on a machine- `�` 2. ID card issued by federal,state or local (3) VALID FOR WORK ONLY WITH readable immigrant visa government agencies or entities, DHS AUTHORIZATION provided it contains a photograph or 4. Employment Authorization Document information such as name,date of birth, 2. Certification of Birth Abroad issued that contains a photograph(Form gender, height, eye color, and address by the Department of State(Form I-766) FS-545) 3. School ID card with a photograph 5. For a nonimmigrant alien authorized 3. Certification of Report of Birth to work for a specific employer 4. Voter's registration card issued by the Department of State because of his or her status: (Form DS-1350) S. U.S. Military card or draft record a. Foreign passport;and 4. Original or certified copy of birth b. Form 1-94 or Form 1-94A that has 6. Military dependent's ID card certificate issued by a State, the following: 7. U.S. Coast Guard Merchant Mariner county, municipal authority,or (1)The same name as the passport; Card territory of the United States bearing an official seal and (2)An endorsement of the alien's 8. Native American tribai document 5. Native American tribal document nonimmigrant status as long as 9. Driver's license issued by a Canadian 6. U.S. Citizen ID Card (Form 1-197) that period of endorsement has government authority not yet expired and the 7. Identification Card for Use of proposed employment is not in For persons under age 18 who are Resident Citizen in the United conflict with any restrictions or unable to present a document States(Form 1-179) limitations identified on the form. listed above: 6. Passport from the Federated States of 8. Employment authorization Micronesia(FSM)or the Republic of 10. School record or report card document issued by the the Marshall Islands(RMI)with Form 11. Clinic, doctor, or hospital record Department of Homeland Security 1-94 or Form 1-94A indicating nonimmigrant admission under the 12. Day-care or nursery school record Compact of Free Association Between the United States and the FSM or RMI Illustrations of many of these documents appear in Part 8 of the Handbook for Employers (M•274). Refer to Section 2 of the instructions, titled "Employer or Authorized Representative Review and Verification,"for more information about acceptable receipts. Form 1-9 03/08/13 N Page 9 04,9 SOUTH&� City of South Bend PP A W V �� C6 � ,y Common Council y A 1865 441 County-City Building . 227W Jefferson Blvd (574) 235-9321 South Bend, Indiana 46601-1830 Fa (574) 235-9173 http://vvww.so uthbendin.gov Derek D. Dieter November 19, 2013 President Oliver J. Davis The South Bend Common Council Vice-President 4°i Floor County-City Building South Bend, Indiana 46601 Karen L. White Chairperson, Committee Re: Proposed City Residency Requirements for New City Employees of the Whole Tim Scott Dear Council Members First Distrct I am introducing tho attached proposed ordinance which I believe would be in the Henry Davis, ]r. best interests of South Be 1 1 have continually advocated for measures which Second District would promote and enhance South Bend economically. I believe that by requiring City employees to live within the city limits, that this would be a step in Valerie Schey the right direction. Third District I am well aware of rh,, fact that in that from 1976 -1986. that South Bend had Fred Ferlic residency requirements for its city workers. At that time however. the federal Fourth District government did not have in existence a 2-page 1-9 Form which is required to be David Varner completed by all employees "no later than the first day of employment". That Fifth District form which is attached for informational purposes should mitigate the Administration's concern with regard to how a new employee's residential Oliver J. Davis address would be verified. Sixth District The proposed regulations would require all full-time and all part-time employees Derek D. Dieter hired by the City of South Bend from March 1. 2014 on, to live within the city At Large limits, within six (E, ,Months of their date of hire. It would exclude those city employees who are excepted by specific Indiana state law provisions. Gavin Ferlic At Large I look forward to discussing this proposal with you when it is referred to the Karen L. White Personnel and Finance C- nunittec !-nr advisory review and recommendation. At Large Thank you. Sincere] . Henry D 2"tl District Council \I�:nber South Bend Commr . Council iled in Clerk's, C+ Attachment �0 2 JOE j . W%,6, .;a CITY CLERK,SUUF4 3EN y. M 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 2013 OF $90,000 FROM PARKS & RECREATION FUND (4201), $16 FROM DEPARTMENT OF COMMUNITY INVESTMENT GRANT FUND (#212), $675,000 FROM LIABILITY INSURANCE & PREMIUM RESERVE FUND (#226), $750,000 FROM LOSS RECOVERY FUND (#227), $37,378 FROM HUMAN RIGHTS GRANT FUND (4258), $30 FROM ECONOMIC DEVELOPMENT REVENUE BOND FUND (4281), $450,000 FROM EMS CAPITAL IMPROVEMENT FUND (#288), $475,000 FROM COUNTY OPTION INCOME TAX FUND (4404), $700,000 FROM SELF-FUNDED EMPLOYEE BENEFIT FUND (#711) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2013 operating and capital budgets in 2012 (Ordinance 410197-12, passed October 29, 2012) 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 2013 and set apart within the following designated funds for expenditures as follows: Fund Amount Parks & Recreation Fund (4201) $ 90,000 DCI Grant Fund (4212) 16 Liability Ins. Premium & Reserve Fund (4226) 675,000 Loss Recovery Fund (#227) 750.000 Human Rights Grant Fund (#258) 37,378 Economic Dev. Revenue Bond Fund (4281) 30 EMS Capital Improvement Fund (#288) 450,000 County Option Income Tax Fund (4404) 475,000 Self-Funded Employee Benefit Fund (4711) 700,000 TOTAL 3.177.424 Section 11. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. ''�QACU / /I i 0 �.t-, I A Memer of the Common Counci Attest: RnIng 6'c d .NEil 4^f yN to MUM tan oppr�i lwwti g il and Council action on ii-.;s iLnue, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2013 at o'clock_ . m. Deputy City Clerk Approved and signed by me on the day of 2013 at o'clock m. Mayor, City of South Bend, Indiana riled In Clerk's Office , ej,L,C hi;,RIP,G Jomw ilia:i-r�.'a� 3 rd READING CITY CLERK,SOUTH BENo,IN NOT APPROVED REFERRED PASSED a � E $dad o 5 a _ ad d odv _ a a O O y E tE E U ry q E E E O 1. 1. 1 1 d d ry D T E d 5 7N N c n- O Nm,. rlm E hdE - w c d 3 zzFz z z z ' ` c EoP °0 00 O d o o= •-2,9� u 3 SS u nE o c E .E'' 3Er z u - '` mcS°oc _ ' a E E E E E E - - tEc c r = _ - m O ay=i c E E D9�-.°c°c° _ o 0 oy a 222 - o V ` rw�u°vn' a - -wcTwww i� w ° fEE Snr c �j w" n° C � m os O :1 s 0 oI� 0 O� O ooi S o N O m % coa o " 00 0 0 � nir _ o00 or SgN 'amc � m 1 e 8 N 9 n N Q n O _- - rv4 Mqm Ci0 d o OAUZ y m`mmmm mm 444444 ^�1? 19 1,2 1 rvrvN o O A n m 4 4 a C V ' ' ry v v v ry ry ry n ry rV ry ry ry ry r ry ry n ry E� c c c N a ^ O r 3 c ccr2 c22 ii m z y u 2 2 0 0 0 U U = x N C o 222 2 2 2 2 W W C E E E < f - z y D m F z 5-O O E �2 Z m d m E d_ `O w EO _ m rW O f CUZy Cy6 O� `s 40G T E E E E E Ti a m 3 3 °_' o E E E E E E E E _ 0 0 0 0 o a o E E E - 0 m °° ° z DLL �c�v n E E E _ 00 O f U U U U U o U a UV U w UUUUUUU x x22 4 SoU TH 6F 1200N COUNTY-CITY BUILDING u\ ",//, �o PHONE 574.235.9216 227 W. JEFFERSON BLVD. Fax 574.2359928 SOUTH BEND,INDIANA 46601-1$30 52 1965 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 20, 2013 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4"' Floor South Bend, Indiana 46601 RE: 2013 Year-End Budget Appropriation Ordinance —Civil City Funds 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 the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for I" reading on November 25, 2013 with 2nd reading, public hearing and 3` d reading scheduled for December 9, 2013. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-7500. Regards, ed in Clerk's 0i4c, Mark \V. Neal i€ City Controller CC: Mayor Pete Buttigieg Kathryn Roos. Chief of Staff JOHN Yi•tni;C: Cristal Brisco, Corporation Counsel CITY C URK, 501JI H 8EN4, IN j John Murphy, Deputy City Controller OW 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 2013 OF $294,344 FROM SOLID WASTE FUND (9610), ($84,000) FROM SOLID WASTE DEPRECIATION FUND (4611), $418,872 FROM SEWAGE WORKS GENERAL OPERATIONS FUND (#641), ($418,872) FROM SEWAGE WORKS CAPfhAL FUND (#642), $13 FROM 2006 SEWER BOND FUND (#645), $63 FROM 2007 SEWER BOND FUND (#647), $699 FROM CLAY SEWAGE WORKS OPERATIONS FUND (4650), $113 FROM 2007B SEWER BOND FUND (#651), $331 FROM 2010 SEWER BOND FUND (#658), ($2,100,000) FROM 2013 SEWER BOND FUND (#663),AND $215 FROM 2013 SEWER REFUNDING BOND FUND (#664) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2013 operating and capital budgets in 2012 (Ordinance 410198-1, passed October 29, 2012), 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 2013 and set apart within the following designated funds for operational expenses as follows: Fund Amount Solid Waste Fund (#610) $294.344 Solid Waste Depreciation Fund (4611) (84,000) Sewage Works General Oper. Fund (4641) 418,872 Sewage Works Capital Fund (4642) (418,872) 2006 Sewer Bond Fund (4645) 13 2007 Sewer Bond Fund (#647) 63 Clay Sewage Works Operations (#650) 699 2007B Sewer Bond (#651) 113 2010 Sewer Bond (4658) 331 2013 Sewer Bond (#663) (1100,000) 2013 Sewer Refunding Bond (4664) 215 TOTAL ($1,888,222) Section 11. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. oPR. r. t, f 1: and Member of the Common Counci Council anL I W.wa. Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2013, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of 2013, at o'clock m. Mayor, City of South Bend, Indiana rMd in C&erk'n Of4'� .; i 1 s1 READING PUBLIC HEARING 3r8 READING NOT APPROVED JCI'�' REFERRED CITY CLIERK, iUU'H t': ih PASSED 0 mm y � y V v 3 0 0 d oa oo- 9 L U U o -U$. B _ D L U c U c D O n 0 ' ° u o 3 m E o n v` `m `m w c _ UUO v m E > > c - - m W m o c 3t o 9n'n' c' E E E - > E E E > E v ? 5 E 0 °.E a 3 E E E r c E_a E ° v a o a _ a a ° N "N m A 0 o .v E az C 16 mN NnH�m v4i�� wnn R is V O 44 0o mmmmmm m m mm m F E _ a oo_o_a_ o00 omo n o n 44 4 0000 1 o1 B1 -- B, ° $Z,Eee� LY T i z LLU � vv u CC ` > ciou ui�u v v u vv v v Y Y Y Y Y Y 'o° m S N E O v m o y x Q a �m i o m O O nmam m E E crn d m u o u p _ o m 5 U U G G U O O a E o¢E - c 3 3 nz' 3 3 3 33 3 3333;3 v 9 ; s3 33 00 NN N VINNNNN 33 � 3�� 'Jl N V: (n y' y d as avo m m Iac mm ii �LLii c LY E u°.u.. y oo - 5 cc m° - ° mlm olo 'i dvv mmm. m m $mo ` > yv '.v mmmamm on O q LL s s n o h S O O O O O a 33 3 ��3333 do P n ud N N m m N 00 o o a o o(n NN N hf7 yNN (A 4 SOUTH R 120ON COUNrv-CITY BUILDING �I �/� PHONE $74,235.9216 227 W. JrrreasON BLVD. FAX 574.235.9928 ,tea SOUTH BEND,INDIANA 4660I-I$30 R 7865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 20, 2013 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4°i Floor South Bend, Indiana 46601 RE: 2013 Year-End Budget Appropriation Ordinance -Enterprise Funds 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 the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for I" reading on November 25, 2013 with 2"d reading, public hearing and 3`d reading scheduled for December 9, 2013. 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 Filets in Clerk's OfIN City Controller 1 - - ---1 CC: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff --- Cristal Brisco, Corporation Counsel JOt1i CITY CLERK,SOUTH ZEN:', IN'' John Murphy, Deputy City Controller .......r�._ ��� � \1 �•J � ms ` s_. 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 2013 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances 410197-12 and#10198-12 passed on October 29, 2012) 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 2013. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section 1. 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: Signing of tfi;is! 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O O ycn mm �,Z, xx i x x_x x x xx i x . vma >°>a>m >>a>>> >a >" >"..., >° __ te a¢& � T�,E o as 2 ry v a a a a a' 2 U o fo5 g - C3 ii c o Ld. ; TzE _ - - EE mEn fir. - °1 oxmw z° c�°ate o� �� os3 C N d M O O 00 g0 00 SO O O d .�. a qq° o�q oq 4-- `o `14 T� Z v f nq v y'' c `c `u .n _n m - _ U o y ^y nnv Y ? rvry WVW °l 191 ry d �m o mo m d O t0 N m CJ y E Mom mom c c m a - d LLo i�ajuo �ciu can° m a � a E - � n oM _oNp mW ajL O°mn UVti OO OU C�� _ _ c ? E n 2 _ u 0 m c W _ _ _ V U E E mill 0 rn rn . . . . .w.w.w. m E LL LL LL c c 2 m N N N F N oaa of __ v LLv was '� _- E E E Um lm9 Um U Um' Um' C:. Um' Ud' O§V _ _ _ 2 M x ,010TH BF 120ON COUNTY-CITY BUILDING 2 PI IONS 574.235.9216 �i V 227 W. JEFFERSON QLVD. CE' FAX 574.235.9928 W \ \ / . a SOUTH BEND,INDIANA 46601-1830 ie 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 20, 2013 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4°i Floor South Bend, Indiana 46601 RE: 2013 Year-End Budget Transfer Ordinance 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 the enclosed ordinance for transfers between various departments and cost categories within the same funds for your consideration. No additional appropriation is requested in this ordinance. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for I" reading on November 25, 2013 with god reading, public hearing and 3rd reading scheduled for December 9. 2013. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-7500. Regards, , '-'lied in Uerk'S Offlit; ._..­ ...__.--, ` Mark W. Neal City Controller JOHN vwpa» €. CITY CLFRK,SQV H BENT,IN CC: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff Cristal Brisco, Corporation Counsel John Murphy, Deputy City Controller ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE 2013 SALARY ORDINANCE (No. 10199-12) FOR APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA TO ADDRESS CERTAIN ZOO EMPLOYEE COMPENSATION STATEMENT OF PURPOSE AND INTENT The Common Council approved Ordinance No 10199-12 establishing the 2013 maximum salary and wages for all non-bargaining employees of the City of South Bend, Indiana on October 29, 2012 (`The 2013 Non-bargaining Salary Ordinance). This Ordinance makes no adjustment in the salaries that were fixed in the 2013 Non-bargaining Salary Ordinance. However, the City is in the process of entering into a public/private partnership agreement ("the Agreement") with the Potawatomi Zoological Society ("the Society") for operation of the Potawatomi Zoo ("the Zoo'). The Agreement is expected to be reviewed and approved by the South Bend Parks Commission around December 16, 2013. and as a result, certain current employees of the City of South Bend will become employees of the Society. Because this will result in cessation of their rights and privileges as public employees under the Public Employees Retirement Fund ("PERF"), the Agreement will provide certain unique final compensation to these employees who are affected by the Agreement. This Ordinance is, therefore, conditioned upon approval of the Agreement. The appropriation for this unique compensation is part of the City's final additional appropriation Bill for 2013 filed separately with the Common Council. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION 1. The 2013 Non-bargaining Salarti Ordinance be and hereby is amended to add a new Section V. and to renumber the former section V as section VI. The new Section V shall read as follows: SECTION V: Special Compensation to Former City Employees Who Will Become Emplovees of the Pota«atomi Zoological Society. Those City employees who will cease being employees of the City of South Bend and who will become employees of the Potawatomi Zoological Society ("Society') upon approval of an Agreement with the City Parks Commission, shall be entitled to receive a one- time payment equal to all accrued, unused vacation and sick pay as of the date of change in their employment status from City of South Bend employee to Society employee. Such affected employee with less than ten years of PERF qualified City service shall further be entitled to receive a sum equal to Seven Hundred Fifty Dollars per year($750.00) for each such year of service as an employee of the City of South Bend, pro-rated for any partial year of City employee service. SECTION I1. This ordinance shall not be implemented unless and until the City's Agreement with the Society is properly approved. SECTION III. This ordinance shall be effective from and after passage by the Common Council and approval by the Mayor, subject to and conditioned upon approval of the City's Agreement with the Society. Attest: Member of the Common Council OpGtt,u t ; f_'� P:,_.:It i u: i3� Sits City Clerk Cpwri ac&on thii 6SA Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2012, at o'clock M. City Clerk Approved and signed by me on the day of 2012, at o'clock M. Mayor, City of South Bend, Indiana -ZS-�.3 i st READING � - •:; < -r.� PUBLIC HEARING - - 3 id READING NOT APPROVED Gf1Vi t k�t'u a..1C � f4 i7•• REFE?RED PASSED SpU Tg 6F 0 4 1200N CouT?v-Cirr BlnwiNC F \\ PHONE 574/235-9216 227 W JEFFERSON BLVD. teal \� i a Fax 574/235-9928 SouTH BEND,INDIANA 46601-1830 1865 CITY OF Sou n4 BEND PETE BUrTTGIFG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 20, 2013 Mr. Derek Dieter President, South Bend Common Council 4`h Floor, County-City Building South Bend, IN 46601 Re: Bill to Amend 2013 Non-Bargaining Employee and Officer Salary Ordinance 910199-12 Dear President Dieter: Attached for filing with the Common Council is an ordinance to amend the 2013 Non- Bargaining Employee and Officer Salary Ordinance (No. 10199-12) passed by the Common Council on October 29, 2012. The amendment is a new Section `V' addressing special compensation payable to Potawatomi /oo employees. As members of the Council knew. the City is in the process of negotiating an Agreement with the Potawatomi Zoological Socien to operate the Potawatomi Zoo. It is contemplated that certain City employees will become Zoological Society employees after the Agreement is completed and approved. Approval i� anticipated to occur in mid-December 2013. Some of these employees with less than ten years of service under the Public Employees Retirement Fund (PERF) will surrender vesting privilegc�, under PERF, among other privileges as City employees, and the City desires to compensate them. Section "V° identifies the compensation payable. I will present this Ordinance at the Council's Personnel & Finance Committee meeting and at the public hearing. if you liar any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, ( n CPerk's f Mark W. Neal l City Controller. j�V CITY CLEFl d� 012DINANCE NO. AN 012DINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING 2014 SALARY ORDINANCE #10266-13 FOR APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND STATEMENT OF PURPOSE AND INTENT Oil October 30, 2013 this Council adopted Ordinance No. 10266-13 Which sets out the salaries and wages of appointed officers and non-bargaining employees of the City of South Bend for calendar year 2014 (the "2014 Non-bargaining Salary Ordinance") Since passage of Ordinance #110266-13, three errors have been discovered in the detail sheet attached to and incorporated b} reference into the 2014 Non-bargaining Salary Ordinance under Section 1. This ordinance corrects the detail sheet. "I he errors do not affect the total sums appropriated by Council for payment of salaries in 2014, nor do they require any increase or adjustment in specific salaries, and two are merely scrivener errors. NOW, TIER :FOIZE Bli IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BENI), INDIANA as follows: SECTION 1. The 2014 Non-bargainine Salary Ordinance fi>r the City of South Bend (No. 10266-13) is amended by three changes to the Attachment to that ordinance which is titled "2014 Non-bargaining Salary Ordinance Schedule." the amended version of which is attached hereto and incorporated herein by reference. SECTION 11. All other terms and conditions of the 2014 Non-barg-aining Salary Ordinance (No. 10266-130) shall be unalfecicd and remain in full force and effect SECTION 111. This ordinance shall be rctroactice to October 30. 2013 after its passage by the Common Council and approval by the Mayor. Member. South BendCommon Cour Attest: Signing oft:.:'. , ;;` ', ;-o we . opi:014U11} Council on iila City Clerk .ti Presented by me to the Mayor of the City of South Rend, 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. 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U\\\� ,, / O PuoNL 574/235-9216 �reece% FAN 574/235-9928 SouTHBexG INDIANA 466CI-1830 1865 CITY"OF SOUTH BEND PETE BUFTTG1EG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 20, 2013 Mr. Derek Dieter President, South Bend Common Council 4t1' Floor, County-City Building South Bend, IN 46601 Re: Bill to Amend 2014 Non-Bargaining Employee and Officer Salary Ordinance 410266-13 Dear President Dieter: Attached for filing with the Common Council is an ordinance to amend the Schedule and attachment incorporated into the 2014 Non-Bargaining- Employee and Officer Salary Ordinance (No. 10266-13) passed by the Common Council on October 30, 2013. Three errors have been identified in the Schedule. and they have been highlighted on the amended schedule. None requires an\ increase or adjustment in specific listed salaries, and two are merely scrivener errors. I will present this Ordinance Lit the Council's Personnel & Finance Committee meeting and at the public hearing. It' you ha�c any further questions or need additional information, please let me know. Thank you for your consideration Sincerely. Mark W. Neal City Controller.Filed in Clerk"a Lill-, Z 1 2,3i3 I CITY CLEW ROU 3ldC,Ipt Y �> ,� � ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTII BEND, INDIANA, AMENDING THE LEGAL DESCRIPTION AND MAP WITHIN ORDINANCE NO. 10165-12 TO EXPAND THE BOUNDARIES OF THE EXISTING RIVERFRONT DEVELOPMENT PROJECT AREA UNDER IND. CODE 7.1-3-20-16 STATEMENT OF PURPOSE AND INTENT On June 25, 2012 the South Bend Common Council passed Ordinance No. 10165-12 which identified the boundaries of a Riverfront Development Project for purposes of allowing special alcoholic beverage permits within this Riverfront Project area, under Ind. Code § 7.1-3- 20-16 (The Act). This ordinance became effective on June 26, 2012 when it was signed by Mayor Pete Buttigieg. It was subsequently amended by Ordinance No. 10178-12 to correct an omission in the legal description of the original ordinance. Availability of this special riverfront development alcoholic beverage permit to those downtown South Bend businesses which focus on a dining and cultural experience has been a boost to the downtown South Bend area. Since passage of the original ordinance, six businesses have met the stringent qualifications for this permit (qualifications developed through the Community Investment Dept. working with DTSB (Downtown South Bend)). proving that this is an effective economic development tool for business attraction and retention in the downtown South Bend area. Because of this programs success, the Community Investment Department with recommendation from members of the Common Council, believes that an extension of the Riverfront area boundaries is in the best interest of the City and its citizens. An increased area is expected to attract development of more dining and cultural opportunities to the downtown and Last Bank area of South Bend. The proposed expansion area provides development opportunities both downtown and across the St. Joseph River from the burgeoning Farmer's Market District. The existing Riverfront Development area will be expanded westward within the downtown and southward along the St. Joseph River between Sample Street and Lincohiway West. The newly described area satisfies the criteria of 1C 7.1-3-20-16.1 to qualify as a Riverfront Development Project Area. NOW, TFIF-REFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE Cl I"Y OF SOUTH BEND. INDIANA as follows: SECTION I. The Map of the Municipal Riverfront Development Project Area, set forth in Fxhibit "A" to Ordinance No 10165-12 as amended by Ordinance No. 10178-12, is further amended as set forth in Exhibit A hereto. SECTION 11. The Legal Description of the Municipal Riverfront Development Project Area established by Ordinance No. 10165-12. Exhibit B. as amended by Ordinance No. 10178- 12, is further amended retroactively as set forth in Exhibit B hereto which legal description shall constitute the original boundaries of Ordinance No. 10165-12. SECTION 111. Exhibits A and B hereto and incorporated herein shall now comprise, constitute, and identify the City of South Bend's Municipal Riverfront Development Project Area which was established June 26, 2012 by Ordinance No. 10165-12. SECTION IV This ordinance shall be effective from and after passage by the Common Council and approval by the Mayor. Member. South Bend Common Cou4l wing of r,,y to prre�e an opporwn!h] Y , c `!c 1S iitg 8nd Council action on ti1s issu% Attest: City Clerk Presented by me to the Mayor of the City of South Bend. Indiana on the day of 2011, at o'clock m. City Clerk Approved and signed be me on the day of 2011. at o'clock M. Mayor. City 1st READING I l - ZS i PUBLIC HEARING v . 3rd READING NOT APPROVED REFERRED PASSED iaYY(:LFYi. = 11 Exhibit A Expanded Riverfront Development Project Area gcsa, as of December 2013 - ° � -�5 - - � a _:__ `nov 1• 7- I � _. )J ----I F- H ii Id li �La'aeei h ED � � �.— - A,aa � �_. A I i Li �J'msr _.lddNrl9� r ww-n4*h I .a y r �}•q, u8i I 3 p _ m }, w I 7 w 71. pw_ a v , Legend 4 Proposed Expansion Area-SBCDA Proposed Expansion Area-AEDA —W.M" - Exisfng Riverfront District SBCDA Boundary . Pearativa.¢ _ NNDA boundary _bounda AEDA Boundary St. Joseph River " > NORTH Exhibit B Legal Description for the Downtown Municipal Riverfront District Beginning at the intersection of the Centerline of Corby Boulevard with the Centerline of St. Louis Boulevard; thence South along the Centerline of said St. Louis Boulevard a distance of 247.5 feet more or less; thence East 193 feet more or less to a point on the East right-of-way of a North-South Alley; thence South along said East line 630 feet more or less to a point of intersection with a 14-foot wide East-West Alley; thence Southeasterly a distance of 228 feet more or less to a point of the South right-of-way line of South Bend Avenue; thence Southwesterly along said South line a distance of 250 feet more or less to a point which is 142.12 feet more or less Northeasterly of the East line of St. Louis Boulevard; thence Southeasterly a distance of 128 feet more or less to the North right-of-way line of Sorm Street; thence East along said North line a distance of 25 feet more or less; thence South a distance of 238 feet more or less to the South right-of-way line of Miner Street; thence West along said South line a distance of 237 feet more or less to the Centerline of St. Louis Boulevard; thence along said Centerline a distance of 1322.5 feet more or less to the Centerline of LaSalle Avenue; thence West along said Centerline to the North projected Centerline of the first Alley East of Hill Street; thence South, along said projected Centerline to a point that is 66 feet North of the North right- of-way line of Washington Street; thence East to the East right-of-way line of St. Louis Boulevard; thence South along said East right-of-way line to the North right-of-way line of Washington Street; thence East on said North right-of-way line to the East right-of- way line of the first North-South Alley East of St. Louis Boulevard; thence South along said East right-of-way line of Alley to the South right-of-way line of the first East-West Alley South of Washington Street; thence West along said South right-of-way line of said Alley to the centerline of the first 14-foot North-South Alley lying East of Hill Street; thence South along said Centerline of Alley to the South right-of-way line of Jefferson Boulevard; thence East along said South right-of-way line to a point 51 feet East of the East right-of-way line of St. Louis Boulevard; thence South 72 feet: thence West 51 feet parallel with and 72 South of the South right-of-way line of Jefferson Boulevard to the East right-of-way line of St. Louis Boulevard; thence South along said East right-of-way line to the North right-of-way line of Wayne Street; thence East along said North right- of-way line of Wayne Street to the East right-of-way line of Notre Dame Avenue; thence South along said East right-of-way line to a point on the East right-of-way line of Notre Dame Avenue which is South 205 feet from the South right-of-way line of Wayne Street; thence East 173 feet; thence North 102.5 feet; thence East 171.07 feet to the West right- of-way line of Frances Street; thence South along said West line 102.5 feet to a point of intersection with the North right-of-way line of Quimby Street extended West; thence East along the North right-of-way line of Quimby Street and its Westerly extension to the West right-of-way line of Eddy Street; thence South along said West line to the South line of the Plat of Pam's Addition; thence West along the said South line and the South line of the Plat of Beck's 1" Addition to the West right-of-way line of Frances Street; thence South along said West line to the Northeasterly right-of-way line of Northside Boulevard; thence Southeasterly along said Northeasterly right-of-way line to the South right-of-way line of Sample Street; thence Southwesterly along said South right-of-way line to the Centerline of the St. Joseph River; thence meandering Northwesterly along said Centerline to the Easterly projection of the Southerly right-of-way line of Monroe Street; thence Southwesterly along said projection and the Southerly right-of-way line of Monroe Street to the Easterly right-of-way line of Lincolnway East (S. R. #933); thence Southeasterly along said Easterly right-of-way line to the South right-of-way line of Sample Street; thence Northeasterly along said South right-of-way line 190 feet more or less to the Westerly line of the St. Joseph River; thence Southeasterly along said Westerly line 920 feet more or less to the South line of a parcel of ground with Tax Key No. 18- 7017-0692 as shown in the records of the St. Joseph County, Indiana Auditor's office; thence Southwesterly along said South line and its Southwesterly extension 115 Feet more or less to the Westerly right-of-way line of Lincolnway East ( S. R. # 933); thence Southwesterly along said Westerly right-of-way line 62 feet more or less to a point of intersection with the West right-of-way line of Miami Street; thence South along said West right-of-way line 920 feet more or less to the Northeast corner of Lot # 37 in the Plat of"Wenger& Krieghbaum's 2nd Addition" as shown in the Records of the St. Joseph County, Indiana Recorder's office; thence West along the North line of said Lot and its' Westerly extension 151 feet to the West right-of-way line of a 14 foot wide Public Alley; thence South along said West line 224 feet more or less to the North right-of-way line of Broadway Street; thence West along said North right-of-way line 545.7 feet more or less to the East line of Lot # 124 in said Plat; thence North along said East line 135.8 feet more or less to the North line of said Lot: thence West along said North line and its' Westerly extension 54 feet more or less to the Northeast comer of Lot # 123 in said Plat; thence North alon- the West line of a 14 foot wide Public Alley and its' Southerly extension 1 15 feet more or less to the Southeast corner of a parcel of ground with Tax Key No. 18-7017-0726 as shown in the records of said Auditor's office; thence along the Southerly and Westerly boundary of said Parcel for the next three (3) courses, West 155 feet more or less and North 190 feet more or less and West 237.85 feet more or less to the East right-of-way line of High Street: thence North along said East right-of-way line 1520 feet more or less to the South right-of-way line of Sample Street; thence West along said South right-of-way line 1097 feet more or less to a point of intersection of the Centerline of Rush Street extended South; thence North along the Southerly extension of said Centerline and the Centerline of Rush Street 770 feet more or less to point of intersection with the North line of Lot "T" of the Plat of 'Monroe-Sample Replat" Subdivision as shown in the Records of the St. Joseph County. Indiana Recorder's office extended East; thence West along said Easterly Extension, said North line and the Westerly extension of said North line 335 feet more or less to a point of intersection with the Centerline of Fellow Street; thence along the Centerline of Fellows Street 349.53 feet more or less to the Centerline of Bronson Street: thence West along the Centerline of Bronson Street to a point of intersection with the Centerline of Carroll Street; thence North along the Centerline of Carroll Street 235.20 feet more or less to a point of intersection with the Centerline of a 14-foot wide East-West Alley extended East: thence along said Easterly extended Centerline and the Centerline of said Alley 206.25 feet more or less to a point of intersection with the Centerline of a 14-foot wide North-South Alley; thence North along said Centerline 155.50 feet more or less; thence West 62 feet more or less; thence North 90.75 feet more or less to a point of intersection with the Centerline of South Street; thence West along said Centerline 151.25 feet more or less to a point of 2 intersection with the Centerline of St. Joseph Street; thence North along said Centerline to a point 127.25 feet South of the Centerline of Monroe Street; thence West 136.25 feet more or less to the Southwest corner of a parcel of ground shown as Tax key Number 18- 3020-0716 in the records of the St. Joseph County Auditor's office; thence South 7 feet more or less to the Southeast corner of a parcel of ground shown as Tax Key Number 18- 3020-0714 in the records of said Auditor's office; thence along the South line of said Parcel, West 34 feet more or less; thence along the West line of said Parcel and its' Northerly extension, North 134.25 feet more or less to a point of intersection with the Centerline of Monroe Street, said Point being 250 feet East of the Centerline of Michigan Street; thence North to the Centerline of Western Avenue; thence West on the Centerline of Western Avenue to the Centerline of Michigan Street; thence North on the Centerline of Michigan Street 156.75 feet more or less; thence West 221.50 feet more or less to a point of intersection with the Centerline of a 14-Foot wide North-South Alley; thence along the Centerline of said Alley 89.50 feet more or less; thence West along the Centerline of a 14-foot wide Vacated East-West Alley and its Easterly and Westerly extended Centerline 221.50 feet more or less to a point of intersection with the Centerline of Main Street; thence North along the Centerline of Main Street 246.25 feet more or less to a point of intersection with the Centerlinc of Wayne Street; thence West along said Centerline 221.50 feet more or less to a point of intersection with the Centerline of a 14- foot wide North-South Alley; thence North along said Centerline 246.25 feet more or less to a point of intersection with the Centerline of a 14-foot wide East-West Alley:. thence West along said Centerline 213.25 feet more or less to a point of intersection with the Centerline of La Fayette Boulevard; thence North along said Centerline 492.50 feet more or less to a point of intersection with the Centerline of a 14-foot wide East-West Alley; thence West along said Centerline 146.25 feet; thence North 246.25 feet to a point of intersection with the Centerline of Washington Street; thence West on the Centerline of Washington Street to a point of intersection with the Centerline of the first North-South Alley West of Lafayette Boulevard projected South: thence North along said Centerline, in certain places being sometimes known as St. James Court, to the North right-of-way line of La Salle Avenue; thence East along said North right-of-way line to the West right- of-way line of Lafayette Boulevard; thence North along the said West right-of-way line to the Centerline of Navarre Street; thence East along the Centerline of Navarre Street to a point of intersection with the East right-of-way Tine of St. Joseph Street projected North; thence South along said projection and the East right-of-way line of said St. Joseph Street to the North right-of-way line of Marion Street; thence East along said North right-of-way and its projection to the East to the Centerline of the St. Joseph River; thence Northeasterly along the Centerline of the St. Joseph River to a point of intersection with the Centerline of Corby Boulevard projected West; thence East along said projected Centerline and the Centerline of Corby Boulevard to the Point of Beginning. Containing 540.70 acres more or less. Revised 8-23-12. Revised 7-28-13. 1-11ed In Clerk's Office Revised 11-17-13. JO 3 CITY CLF:Rn, >UUTH BEND, 11: SOUTNgF 227 W.JEFFERSON BOULEVARD (� � 4 PHONE:574/235-9371 SurrE 1400 S. r PT w' 2 a? FAX:574/235-9021 !�-,% r'' Solna BEND,IN46601-1 830 '� 7665 " CITY OF SOUTH BEND PETE- BUTTIGIEG,MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR DE November 19, 2013 Mr. Derek Dieter President, South Bend Common Council 4th Floor County City Building South Bend IN 16601 Re: An Ordinance of the Common Council of the City of South Bend, Indiana, amending the legal description and map of Ordinance No. 10165-12, expanding the current Riverfront Development Project Area Dear President Dieter: Attached for filing with the South bend Common Council is a ordinance amending the legal description and map within Ordinance No. 10165-12 to expand the boundaries of the existing Riverfront Development Project Area. This Riverfront Development Project Area enables businesses within the boundaries of the area to acquire three way liquor licenses at a substantially reduced cost. Exhibits A and B attached to the ordinance contain the new map and legal description respectively of the expanded area. However, for your convenience, copies of exhibits A & B attached to this letter show exactly what parcels have been added to the original area. To date, since the South Bend Common Council first passed the ordinance last year establishing the Riverfront Development Project Area, it has led to the issuing of six licenses and helped leverage economic development within the downtown and East Bank areas. Expansion of the district is expected to attract the development of more dining and cultural opportunities to South Bend. The district expansion areas can be generally described within two areas: PLANNING NEICHBORHOODEssncrmrNr Bcsim-ssDEVELOrnaeNr EQ)NOMicRESOURCES JUM(CAIN PAMIl IA C.MI Y1=.K Cims FIE=0 BRO('K ZILItH D • AEDA Expansion: Along the St. Joseph River, south of Sample Street and between High and Miami Streets; an area that's also across the river from the Farmer's Market District. This area is identified in GREEN on the maps and legal description attached to this letter. • SBCDA Expansion: Western portion of downtown and Monroe Park neighborhood incorporates parcels along corridors planned for enhancements through the "Smart Streets" initiative. This area is identified in BLUE on the maps and legal description attached to this letter. Thank you for your consideration of this ordinance. Know that I plan to make the presentation to the Common Council at its committee and regular meetings. Thank you for your consideration. Sincerely, n n - IJ Christopher D. Dressel Planning Team Eric 4.._ -i in Clerk's Offic,; .JQFSrs _ uaa� CITY CLERK,SOUTH BUNG',IN Exhibit A re� Existing Municipal Riven`ront Districts - with SBCDA & AEDA Proposed Expansion Areas e onal A A- crmrea 10 55n.t n - y� l_1� ILW.W�l ELI 71 i'I�l✓ \ �` Li l m _.. -cani b _ 3 — � l � Jederson A� 3 _ •� Ju9uu.n _. - q � ve>F. wt w �, tea° F - a ny N. n, Legend - Proposed Expansion Area-SBCDA - Proposed Expansion Area-AEDA Existing Riverfront District SBCDA Boundary NNDA_boundary AEDA Boundary — a St.Joseph River �` `�""". -- NORTH Exhibit B Legal Description for the Downtown Municipal Riverfront District Beginning at the intersection of the Centerline of Corby Boulevard with the Centerline of St. Louis Boulevard; thence South along the Centerline of said St. Louis Boulevard a distance of 247.5 feet more or less; thence East 193 feet more or less to a point on the East right-of-way of a North-South Alley; thence South along said East line 630 feet more or less to a point of intersection with a 14-foot wide East-West Alley; thence Southeasterly a distance of 228 feet more or less to a point of the South right-of-way line of South Bend Avenue; thence Southwesterly along said South line a distance of 250 feet more or less to a point which is 142.12 feet more or less Northeasterly of the East line of St. Louis Boulevard; thence Southeasterly a distance of 128 feet more or less to the North right-of-way line of Sorin Street; thence East along said North line a distance of 25 feet more or less; thence South a distance of 238 feet more or less to the South right-of-way line of Miner Street; thence West along said South line a distance of 237 feet more or less to the Centerline of St. Louis Boulevard; thence along said Centerline a distance of 1322.5 feet more or less to the Centerline of LaSalle Avenue; thence West along said Centerline to the North projected Centerline of the first Alley East of Hill Street; thence South, along said projected Centerline to a point that is 66 feet North of the North right- of-way line of Washington Street; thence East to the East right-of-way line of St. Louis Boulevard; thence South along said East right-of-way line to the North right-of-way line of Washington Street; thence East on said North right-of-way line to the East right-of- way line of the first North-South Alley East of St. Louis Boulevard; thence South along said East right-of-way line of Alley to the South right-of-way line of the first East-West Alley South of Washington Street; thence West along said South right-of-way line of said Alley to the centerline of the first 14-foot North-South Alley lying East of Hill Street; thence South along said Centerline of Alley to the South right-of-way line of Jefferson Boulevard; thence East along said South right-of-way line to a point 51 feet East of the East right-of-way line of St. Louis Boulevard; thence South 72 feet; thence West 51 feet parallel with and 72 South of the South right-of-way line of Jefferson Boulevard to the East right-of-way line of St. Louis Boulevard; thence South along said East right-of-way line to the North right-of-way line of Wayne Street; thence East along said North right- of-way line of Wayne Street to the East right-of-way line of Notre Dame Avenue; thence South along said East right-of-way line to a point on the East right-of-way line of Notre Dame Avenue which is South 205 feet from the South right-of-way line of Wayne Street; thence East 173 feet; thence North 102.5 feet; thence East 171.07 feet to the West right- of-way line of Frances Street; thence South along said West line 102.5 feet to a point of intersection with the North right-of-way line of Quimby Street extended West; thence East along the North right-of-way line of Quimby Street and its Westerly extension to the West right-of-way line of Eddy Street: thence South along said West line to the South line of the Plat of Parry's Addition: thence West along the said South line and the South line of the Plat of Beck's I" Addition to the West right-of-way line of Frances Street; thence South along said West line to the Northeasterly right-of-way line of Northside Boulevard; thence Southeasterly along said Northeasterly right-of-way line to the South right-of-way line of Sample Street; thence Southwesterly along said South right-of-way line to the Centerline of the St. Joseph River; thence meandering Northwesterly along said Centerline to the Easterly projection of the Southerly right-of-way line of Monroe Street; thence Southwesterly along said projection and the Southerly right-of-way line of Monroe Street to the Easterly right-of-way line of Lincolnway East (S. R. #933); thence Southeasterly alon said Easterly ri ht-of-way line to the South n ht-of-wa line of Sample Street, iC t y: hence Sol) along said West tine 22'A feet mein or less Nfp the North%': 1i to of Broadway Street; thence West along said North right-of-way line5rt5 7 feed tnore`Qr less to the East line of Lot # 124 in said Plat; thence North along said East,lie 135.8, feet more or less to the North line of said Lot-, thence West along said North lino and its' Westerly extension 54 feet more or less to the Northeast corner of Lot #.123 in said Plat: thence North along the West line of a 14 foot tyide Public Alley and its' Southerly extension 115 feet more or less to the Southeast corner of a parcel of ground with Tas Key No. 18-7017-0726 as shown in the records of said Auditor's office; thence along the Southerly and Westerly boundary of said Parcel for the next three(3) courses, West 155 feet more or less and North 190 feet more or less and West 237.85 feet more or less to the East right-of-way line of High Street: thence North along said East right-of-way line 1520 feet more or less to the South right-of-way line of Sample Street thence West along said South right-of-way line 1097 feet more or less to a point of intersection of the Centerline of Rush Street extended South: thence North along the Southerly extension of said Centerline and the Centerline of Rush Street 770 feet more or less to point of intersection with the North line of Lot "I'" of the Plat of "Monroe-SampleReplat" Subdivision as shown in the Records of the St. Joseph County, Indiana Recorder's office extended East; thence West along said Easterly Extension, said North line"and the Westerly extension of said North line 335 feet more or less to a point of intersection with the Centerline of Fellow Street; thence along the Centerline,of Fellows Street 349,53 feet more or less to the Centerline of Bronson Street; thence West along tbe.Centefline of Bronson Street to;a point of intersection with the Centerline ofCarioll'Stmet;°thence North along the Centerline of Carroll Street 235.20 feet more c;r„less to 8'ioint of Intersection with the Centerline of a 14-foot wide East-West Alley e;ieod' ed Eat; thence thong said Easterly extended Centerline and the Centerline of sn id' A'1ley 20,,6,25 fed more or less to a pointof intersection with the Centerline of a 14-foot wide Nortb-Soutii` Ailey; thence North along said Centerline 155.50 feet more or less thence Wit 62 feet more or less; thence North 90.75,feet more or less to a pointof intersection;,}t� 'Rtt�,Cetitlitte,.,of South Street; thence West'along' said Centerline 151.25 feet more'6,r,tli § `to a pbmi of intersectton with'the Centerline of ft Jo4eph Street; tec a point 127 35"fleet•"ith of the ve}t4iintq"a Moro wttih l alq� e more or less to that Southwest corner of arar6l,of garotutc� ltwyan It�y 111 1 8- 3Q2Q=0716 t;t the words o>�the St. Joseph` pttnnt tiutlms o Xet ,Wore or lend tt+ttte Soueast cornet of a�areet of gitot d1it 0 as` ( r fig= 3020-01 in tlie`neetirds of said A iditti'ts ofFlce; th `xaloat ;Hid tit t ` e` d Parcel, West 34 feet rttore or less; thence along the West link pf sFarc td'.'its= �lortherly extension, North 134.25-feet more or less tv a point' of ttttprseehtSt uvith the Centerline of Monroe Street, said Poitrt being 250 feet Eiast of tlieentlitle of 14ehi Street; thence North to the Centerline of Western Avenue; thence West OnMthe Cent of Western Avenue to the Centerline of Michigan Sheet; thence North onthe Cent; of Mieltigan Street 156,75 feet more or'less; thence West 221.50 feefltld or4lt . point of inte ectiort,with- the"Centerline''bf a 14-foot wide Nor h$t4th'Ak4 I}twtt►ite along the Centerline of said Alley 59,50 feet more or less;-A,0 p',W*qt Tong the enterline of a 14-foot wide Vacated East-West Alley and its Easky anO Westerly kfended Centerline;Z21.50 feet more or less to a,p"oint of intersection with the Centerline if Main Street,thence North along the Centerline of Main Street feet more or less a point of intersection with the Centerline of Wayne Street; thence West along said enterline 221.50 feet more or less to a point of intersection with the Centerline of a 14- oot wide North-South Alley; thence North along said Centerline 246.25 feet more or less o a point of intersection with the Centerline of a 14-foot wide East-West Alley; thence West along said Centerline 213.25 feet more or less to a point of intersection with the `enterline of La Fayette Boulevard: thence North along said Centerline 492.50 feet more .1 less to a point of intersection with the Centerline of a 14-foot wide East-West Alley: �jiacrscctioh ence West along said Centerline 146.25 feet: thence North 246.25 feet to a point of n wit the Centerline of %Washington Street; thence West on the Centerline of asl `` on �� "to a point of intersection with tlzr 4ACA 11 - :4;.. il_' I ette Boulevard proJcct,ed Sout13. thence North along said Centerline, in certain places being sometimes known as St. James Court, to the North right-of-way line of La Salle Avenue; thence East along said North right-of-way line to the West right- of-way line of Lafayette Boulevard; thence North along the said West right-of-way line to the Centerline of Navarre Street; thence East along the Centerline of Navarre Street to a point of intersection with the East right-of-way line of St. Joseph Street projected North; thence South along said projection and the East right-of-way line of said St. Joseph Street to the North right-of-way line of Marion Street; thence East along said North tight-of-way and its projection to the East to the Centerline of the St. Joseph River; thence Northeasterly along the Centerline of the St. Joseph River to a point of intersection with the Centerline of Corby Boulevard projected West; thence East along said projected Centerline and the Centerline of Corby Boulevard to the Point of Beginning. Containing 540.70 acres more or less. Revised 8-23-12. Revised 7-28-13. Revised 11-17-13. 3 OR11IN ANCE NO. AN ORDINANCE ESTABLISHING RESPONSIBLE BIDDER REQUIREME-:rS ON PUBLIC WORKS PROJECTS WHEREAS, Indiana Code § 36-1-3-1 et seq. permits the City of South Bend in the State of Indiana to exercise any power or perform any function necessary to the public interest in the context of its local affairs, which is not prohibited by the Constitution of the United States or of the State of Indiana, or denied or preempted by any other law, or is not expressly granted by any other law to another governmental entity; WHEREAS, the City of South Bend, Indiana expends substantial funds for the construction of public work, a portion of that money being derived from taxes paid by residents; WHEREAS, the City of South Bend, Indiana seeks to preserve administrative resources by ensuring that only qualified contractors and subcontractors are awarded contracts on public work construction projects; WHEREAS, the City of South Bend. Indiana, based upon its experience, has determined that quality workmanship, efficient operation, safety, and timely completion of projects are not necessarily insured by awarding a e2ns'rucfon contract solely on the basis of the low bid; WIIEREAS, the City of South Ben ... fndiana seeks to enhance its ability to identify the lowest "responsible and responsive bidder" ,n all public work construction projects by instituting more comprehensive submission requirements which are in compliance with Indiana State Law; and WHEREAS, "An Ordinance Establishing Responsible and Responsive Bidder Requirements on Public Work Projects" will assure efficient use of taxpayer dollars, will promote public safety, and is in the public interest. NOW, THEREFORE, BE IT ORDAINED by the Cit} Council of_South Bend. Indiana (hereinafter"City"), that: Section 1. Public works For purposes of this chapter, d e terns 'public work' has the meaning set forth in IC 36-1- 12-2. "Public work' shall also in.I :de the following: anv constructing, altering, reconstructing, repairing, rehabilitating, refinishing_ refurbishing, remodeling, remediating, renovating, custom fabricating, maintenance, landscaping, improving. moving, wrecking, painting, decorating, demolishing, and adding to or su;' ac ;ng from any public building, structure, airport facility, highway, roadway, street, alley, brides, sewer, drain. ditch, sewage disposal plant, water work, parking facility, railroad. excava.inn. or other project. development, real property, or improvement, or to do any part thereo;. whether or not the performance of the work herein described involves the addition to, or fabrication into, arc structure, project or development, real property or improvement herein described of any material or article of merchandise, which is 1 paid for out of a public fund or out of a special assessment. The term also includes any public work leased by a political subdivision under a lease containing an option to purchase. Section 2. Application This ordinance applies whenever the cost of the public work project is estimated to be at least seventy-five thousand dollars ($75,000) or more. In order for a bid to be accepted, the bidder must submit the information listed in Section 3 below at or before the date and time that bids are due. Alternatively, the bidder may seek prequalification by submitting the information listed in Section 3 below to the City. All required information shall be submitted on forms provided by the City. If the bidder participates in a multi-employer program and/or plan that relates to any of the matters referred to in Subsection F and/or G of Section 3 below, then the requirements of such subsections with respect to said bidder shall be satisfied if: (a) the applicable documents with respect to said program and/or plan are submitted to the City; and (b) the bidder certifies to the City that the bidder participates in and is bound by said programs and/or plans. The applicable documents with respect to said programs and/or plans may be submitted by the bidder and/or by the programs/plans and/or a representative of the programs/plans. A prequalified bidder shall be deemed a 'responsible bidder" for purposes of this ordinance for a period of one (1) year from the date the City determines that the bidder is a "responsible bidder` based upon the relevant factors, including those referenced in Section 3 below. The failure and/or refusal of the City to "prequalify" a bidder as a 'responsible bidder' shall not prohibit a bidder from bidding on a public project.. but the City may consider all relevant factors, including any prequalification submissions, in determining whether or not the bidder is a "responsible bidder' with respect to said public project. Requirements for subcontractors are set forth in Section 4 below. Any provisions of this Ordinance that conflict with any applicable federal statute, regulation and/or rule that applies to a federally-funded construction project shall not apply to said federally-funded construction project. Section 3. Responsible and Responsive Bidder In determining whether a bidder is a "responsible and responsive bidder' for the award of a public work contract, the City shall consider the factors set forth in IC 36-1-12-4(b)(10) and IC 36-1-12-4(b)(11). In addition, the bidder must submit the following information with supporting documentation, verified under oath on a form provided by the City: A. A copy of a print-out of the Indiana Secretary of State's on-line records for the bidder dated within sixty (60) days of the submission of said document showing that the bidder is in existence, current with the Indiana Secretary of State's Business Entity Reports, and 2 eligible for a certificate of good standing. If the bidder is an individual, sole proprietor or partnership, this subsection shall not apply; B. A valid federal employer tax identification number for the bidder, or, if the bidder is an individual, a valid social security number; C. Documents evidencing registration with the Indiana Department of Revenue; D. A statement of compliance with provisions of Section 2000e of Chapter 21, Title 42 of the United States Code and Federal Executive Order No. 11246 as amended by Executive Order No. 11375 (known as the Equal Opportunity Employer provisions); E. A statement of compliance with all provisions of the Indiana Common Construction Wage law (IC 5-16-7) and the federal Davis-Bacon and any related acts, and all rules and regulations therein, for the past five (5) years. Such statement shall also provide that the bidder has reviewed the Common Construction Wage law, the federal Davis-Bacon Act, and any related acts, has reviewed and agrees to pay the applicable common construction wage (or prevailing wage rate) as set forth in the common construction wage rate schedule (or prevailing wage determination) attached to the bid specifications, and will strictly comply with the Common Construction Wage law (and federal Davis-Bacon and any related acts, if applicable) and related requirements. A bidder who has been found by the Indiana Department of Labor to have a violation of the Common Construction Wage law that has not been fully remedied within sixty (60) days of the bidder's receipt of notice of said violation shall be deemed not to be a responsible and responsive Bidder for two (2) years from the date of said finding. A bidder may also be deemed not to be a responsible and responsive Bidder if the bidder has committed multiple violations of the Common Construction Wage law, regardless of whether or not such violations have been remedied. Further, a bidder on the federal Excluded Parties List System (www.enls.tov) shall be deemed not to be a responsible and responsive Bidder; F. Evidence of participation in apprenticeship and training programs applicable to the work to be performed on the project which are approved by and registered with the United States Department of Labor's Office of Apprenticeship, or its successor organization. The required evidence includes a copy of all applicable apprenticeship standards and Apprenticeship Agreement(s) for any apprentice(s) who will perform work on the public work project; G. A copy of a written plan for employee drug testing that: (i) covers all employees of the bidder who will perform work on the public work project; and (ii) meets, or exceeds, the requirements set forth IC 4-13-18: H. Documents evidencing bidder's safety and health activities, e.g. a written safety policy statement or plan; 3 I. A statement that individuals who will perform work on the public work project on behalf of the bidder will be properly classified as either (i) an employee or (ii) an independent contractor, under all applicable state and federal laws and local ordinances; J. A statement that all employees of the bidder who will perform work on the public work project are (i) covered under a current worker's compensation insurance policy and (ii) properly classified under such policy. The evidence of worker's compensation insurance shall include a copy of the Certificate of Insurance showing the minimum statutory coverage. Further, if the bidder is insured with a carrier, the evidence of worker's compensation insurance shall also be a copy of the Declaration Page(s) of the current worker's compensation insurance policy showing the name and address of the insured, policy period, description, categories, class codes, estimated payroll and rates; K. Documents evidencing any professional or trade license or registration required by federal or state law or local ordinance for any trade or specialty area in which the contractor is seeking a contract award. Additionally, the bidder must disclose any suspension or revocation of such license held by the company. or of any director, officer or manager of the company: L. Disclosure of any federal, state or local claim for unpaid compensation (wages and/or fringe benefits) to bidder's employees filed against the bidder in the last five years, where such claim totals $100,000 or more: and M. Disclosure of any federal, state or local tax liens or tax delinquencies against the contractor or any officers of the contractor in the last five (5) years. Section 4. Subcontractors The bidder shall provide a written list that discloses the name, address, and type of work for each first-tier subcontractor from whom the bidder has accepted a bid and/or intends to hire on any part of the public work project. including individuals performing work as independent contractors, within five (5) business days from the date the bids are due. In addition, each such first-tier subcontractor shall be required to adhere to the requirements of Section 3 and Section 4 of this Ordinance as though it were bidding directly to the City, except that first-tier subcontractors shall submit the required information (including the name, address, and type of work for each of their first-tier subcontractors) to the successful bidder no later than the date of the subcontractor's first application for payment for the public work project and the bidder shall then forward said information to the City. Payment shall be withheld from any first-tier subcontractor who fails to timely submit said information until such information is submitted and approved by the City. 4 Upon request, the City may require any second- and lower-tier subcontractors to provide a written list that discloses the name, address, and type of work for each of their first-tier subcontractors to the successful bidder. Payments shall be withheld from any second- or lower tier subcontract who fails to timely submit said information until such information is submitted and approved by the City. Failure of a subcontractor to submit the required information shall not disqualify the successful bidder from performing work on the project and shall not constitute a contractual default and/or breach by the successful bidder. However, the City may withhold all payments otherwise due for work performed by a subcontractor, until the subcontractor submits the required information and the City approves such information. The disclosure of a subcontractor ("Disclosed Subcontractor") by a bidder or a subcontractor shall not create any rights in the Disclosed Subcontractor. Thus, a bidder and/or subcontractor may substitute another subcontractor ("Substitute Subcontractor") for a Disclosed Subcontractor by giving the City written notice of the name, address, and type of work of the Substitute Subcontractor. The Substitute Subcontractor is subject to all of the obligations of a subcontractor under this Ordinance. Section 5. Additional Criteria Available If the criteria in Sections 3 and 4 are otherwise satisfied, the Cite may also consider the following in detenmining whether or not a bidder is a 'responsible bidder' for purposes of awarding the public work project: A. For projects in excess of 5100.000, the City may require submission of Form 96 — Contractor's Bid for Public Work and may consider the information contained in said document if the submission of said document was required by the bidding documents and/or required by applicable bidding statutes and laws. B. Any determinations by a court or governmental agency for violations of federal, state. or local laws including, but not limited to violations of contracting or antitrust laws, tax or licensing laws, environmental laws. ;he Occupational Safety and Health Act (OSHA), the National Labor Relations Act (XLRA), or federal Davis-Bacon and related Acts. Section 6. Credit Toward Bid Award The following criteria shall be used as credit toward a bid in determining the lowest responsible bidder if the City provides in the solicitation that local credits shall apply. If the City applies any credit(s) towards a bid, the credit(s) will not reduce the amount of a contract. EXAMPLE: $1,000.000 bid, receives 550.000 local bidder credit. For purposes of determining the lowest bidder, the contractor's bid is 5950,000. However, the contract price will remain 51.000.000. A. The City shall apply a credit equal to 5% or $50,000, whichever is less, based on the local bidder's bid. A local bidder is an individual or business entity that (1) establishes it has a 5 place of business located in the county where the work is to be performed for at least 1 year prior to the deadline for submitting bids, as registered in official documents with the Indiana Secretary of State; and (2) can demonstrate for one year prior to the deadline for submitting bids that it has paid a minimum of$5,000 of sales tax in the county where the work is to be performed. In the event a local bidder does not bid on the project, a bidder that establishes it has a place of business located within an Indiana county contiguous to the county where the work is to be performed for at least one year prior to the deadline for submitting bids, as registered in official documents with the Indiana Secretary of State, will receive a credit equal to 1% or $10,000, whichever is less; and B. The City shall apply a credit equal to 2% or $20,000, whichever is less, towards the bid of a bidder with a local workforce. "Local workforce" means at least 25% of the bidder's construction employees reside in the county where the work is to be performed or Indiana counties contiguous to the county where the work is to be performed. The bidder is not required to have a place of business in the county where the work is to be performed for this credit to apply. The bidder is responsible for requesting credit based upon any of the above criteria. Section 7. Material Change Any material changes to the bidder's or first-tiered subcontractors' status at any time must be reported in writing to the City within fourteen (14) days of the occurrence of said material change. Section 8. Incomplete Submissions by Bidders and Subcontractors It is the sole responsibility of the bidder to comply with all of its submission requirements within the time periods set forth in this Ordinance. Submissions that are inadequate and/or incomplete may result in a determination that the bidder is not a "responsible bidder." Section 9. Lowest Bidder Not Chosen If the City awards the contract to a bidder other than the lowest bidder, the City must state in the minutes or memoranda, at the time the award is made, the factors used to determine which bidder is the lowest responsible and responsive bidder and to justify the award. The City shall keep a copy of the minutes or memoranda available for public inspection. Section 10. Certified Payroll Reports For projects in which the cost is at least 5250.000. the successful bidder and all subcontractors working on a public work project shall submit a certified payroll report utilizing the federal form now known as a WH-347 (or a successor form or a State of Indiana certified payroll form if and when such a form is adopted) which must be prepared on a weekly basis and 6 submitted to the City within ten (10) calendar days after the end of each week in which the bidder or subcontractor performed its work on the public work project. The City may withhold payment due for work performed by a bidder if the bidder fails to timely submit its certified payroll reports until such time as such certified payroll reports are submitted. The City may also withhold payment due for work performed by a subcontractor if the subcontractor fails to timely submit its certified payroll reports until such time as such certified payroll reports are submitted. The City shall not withhold payment to a bidder for work performed by the bidder or for work performed by subcontractors who have submitted their certified payroll reports, because one or more other subcontractors failed to timely submit their certified payroll reports. Section 11. Public Records All information submitted by a bidder or a subcontractor pursuant to this Ordinance, including certified payrolls, are public records subject to review pursuant to the Indiana Access to Public Records law (IC 5-14-3). Section 12. Materiality The requirements of this Ordinance are a material part of the bidding documents and any contract for a public work project subject to this Ordinance. The City shall include a copy of the Ordinance and a copy of the forms for submission of the information required in Section 3 and 4 above, in all bidding documents for all public work projects subject to the Ordinance. If the City fails to include a copy of the Ordinance in such bidding documents, the City may not reject a bid submitted by a bidder on the basis that the bidder failed to submit the information required in Section 3 or 4 in accordance with the applicable time periods: provided, however.. that the City may require bidders to submit such information after bids are submitted and then consider such information in determining whether or not a bidder is "responsible." Regardless of whether or not the Ordinance is included in the bidding documents, however, any bidder awarded a contract for a public work project subject to this Ordinance is subject to the requirements of this Ordinance. Any bidder awarded a contract for a public work project subject to this Ordinance shall insert provisions in all subcontracts for the public work project that require the subcontractor: (a) to perform the subcontractor's obligations under this Ordinance; and (b) to include similar language in all lower-tiered subcontracts for the public work project: provided, however, that a subcontractor performing any work on a public work project subject to this Ordinance shall be subject to this Ordinance regardless of whether or not such provisions are included in its subcontract. Section 13. Severability If any portion of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other portions or applications of this Ordinance 7 which can be given effect without the invalid portions or applications and, to this end, the portions of this Ordinance are severable. Section 14. Other Ordinances Any prior ordinance or portion thereof in conflict with this Ordinance is hereby revoked. Section 15. Effective Date 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 , 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 1\ L Asled in Clerk's ------ PUuUl' H:r..3iNG 3rd RE ,N,'G J ZU LU13 NOT APP-,QVED 8 REFERRED 6t4t JV��? iCL. PASSED CITY CLERK,SOUTH BEND,IN Spll TH6 :, !;"z City of South Bend W Common Council 7865 441 County-City Building . 227W Jefferson Blvd (574) 235-9321 South Bend, Indiana 46601-1830 Fax (574) 235-9173 Derek D. Dieter http://www.southbendin.gov President November 20, 2013 Derek D. Dieter, President Oliver J. Davis South Bend Common Council Vice-President 4"Floor County-City Building 227 W. Jefferson Blvd. Karen L. White South Bend, Indiana 46601 Chairperson, Committee of the Whole Dear Council Members: Tim Scott First District The attached bill is being introduces for your consideration to create and allow a more competitive atmosphere for local contractors -.md subcontractors. The Responsible Bidders Ordinance will promote a Henry Davis, Jr. higher sensitivity and competitivene,_ fc; locally based fr,ns and local employment. Over past two Second District decades the local area has seen a re,;ucuon of over 30 construction companies due to the unfairness in the bidding practices. Valerie Schey Third District Under the current Indiana State law -a❑,.:ipal bodies aye allowed to create progressive policies to create more competition between private c. •tractors for puhhi p., crh. As an incentive this ordinance aims to Fred Ferlic incentivize local and smaller contraclors . yid more c_ml,em,, Fourth District Per the Department of Labor websit, the State of lod,ana Itas a current unemployment rate of 8.1%. Saint David Varner Joseph County 9.8%and nationall% heing 7.30ro. Studies thou that locally based markets operate better and Fifth District create its own economics multiplier effect when local vmrkers are employed Saint Joseph County has the highest unemployment rate amon_st the other counties in our 5 county region. Oliver J. Davis With the amount of public dollars be.ne spent on public projects we have an opportunity to recapture those Sixth District dollars in the local area. Every year the City of South Bend Public Works Department awards service, construction, and equipment related contracts in access of S50 million per year with S23.38 1.895.40 being Derek D. Dieter bided out during 2012-2013 for e.,nsiruction. And out of the 100°0 of the construction contracts awarded At Large more than 70%of those dollars let' the area. Gavin Ferlic With this ordinance we can offer a hieher level of transparence in our tracking efforts and also bring a more At Large competitive atmosphere that tt i11 return more local employment opportunities for the local family and worker. I request this bill be refer„d to the Public Works SuhCummittee for review and discussion Karen L. White on Decemberr 9 '013. At Large Sincereh. Council?2'1(mner H enn ts.Jr. Filed if CE14 r NOV/ 202013 crry cw �.IN 0-)- � L 3-S � RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT: 5117 S. IRONWOOD DRIVE, SOUTH BEND, INDIANA 46614 WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION 1. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 5117 S. Ironwood Drive, South Bend Indiana 46614 in order to permit a 158-foot wireless telecommunications tower at the 4-H Fairgrounds with an aggregate access drive. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. i 0C�'(, �• - �,�= 1 Member of the Common Council ^,S°�^_•'.1�a®/�}� 011 ,A1 �ti li1J L "pii,� mid op PO r Coura Filed in Vice _l PRESENTED 11-F� � �' �UL� NOT APPf.OVED ohl'.. CITY CLERK,Sdta H SEND,IN ADOPTED !wireless Chicago SMSA Limited Partnership d/b/a VERIZON WIRELESS City of South Bend, Indiana Wireless Telecommunications Facility Special Use & Variance Applications Project Location: St. Joseph County 4-H Fairgrounds 5117 S. Ironwood Drive South Bend, Indiana 46614 Applicant/Tenant: Chicago SMSA Limited Partnership d/b/a Verizon Wireless 1515 Woodfield Road, Suite 1400 Chicago, IL 60631 Agent for Verizon: Insite inc. E�C�nv S�� Shane Hennessy-York 2210 Midwest Road, Suite 213 Oak Brook, IL 60523 (312) 442-2202 Landlord: St. Joseph County 4-H Fair, Inc. 5117 S. Ironwood Road South Bend, Indiana 46614 Les Slavinskas, President CITY OF SOUTH BEND Wireless Telecommunications Facility Special Use and Variance Project Summary Petitioner Chicago SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon Wireless") is a leading national wireless phone carrier and offers one of the finest wireless communications networks in the nation. Property Description Verizon Wireless has a entered a lease agreement with St. Joseph County 4-H Fair, Inc., owner of the property located at 5117 S. Ironwood Road, South Bend, Indiana 46614, to install a one hundred fifty eight foot (158') wireless telecommunications facility. The proposed facility lies within the South Bend "SF1" Single Family and Two Family District and consists of a 60' x 60' lease area with a 150' monopole (antennae center line at 150', 158' total height to top of lightning rod) and related equipment. The plans also show plenty of space for future collocation by others. Although there is no guarantee of collocation, the plans show the site area can accommodate the additional carriers/services. Access to the facility will be by way of an easement driveway off Bituminous Drive. Statement Petition Verizon Wireless respectfully requests the consideration and approval of a Special Use application in the City of South Bend. Therefore, as requested in the Area Board of Zoning Appeals instructions for filing petitions, please accept the following justification statement petition listed below addressing the items listed in the Special Use application: i. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The proposed facility will be designed and constructed to meet applicable governmental and industry standards. Specifically, Verizon Wireless will comply with FCC and FAA rules governing construction requirements, technical standards, interference protection, power and height limitations and radio frequency. Wireless technology does not have an adverse effect on matters affecting the public health, safety & general welfare. Tc the contrary, wireless technology affords vital communications in emergency situations and will commonly be used by local residents and emergency personnel to protect the general public's health, safety and welfare. These emergency services include 911 services, the ability to transmit vital data and a backup system to landline phone communication ii. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed facility will be unstaffed and, upon completion, will require only infrequent maintenance visits (approximately one or two times a month) by a service technician. Access to the proposed facility will be via the existing entryways to the property. The facility is entirely self- monitored by sophisticated computers which connect directly to a central office to alert personnel to equipment malfunction or breach of security. Hence, the facility will not have any material impact on traffic, parking or storm water control nor will the proposed facility create any substantial adverse effect on public safety. Moreover, no material noise, glare, smoke, debris traffic flow or any other nuisance will be generated by the proposed facility. Page 2 of 6 The facility will not diminish and impair the value of other property in the neighborhood, but rather, its presence will enhance and provide wireless communications to the residents of the City of South Bend and St. Joseph County. Enhanced wireless communication will have a positive influence on the economic development of this area. Businesses, employees and customers will benefit from improved Verizon Wireless service which will increase productivity, convenience and access to information. The availability of current and future cutting edge wireless technology will continue to make the City of South Bend and St. Joseph County a pleasant place to live and desirable place to invest and conduct business. iii. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and The proposed facility is designed to fill a coverage gap in the Applicant's network. The network operates on a "grid" system, whereby overlapping "cells" (geographic wireless coverage areas) mesh to form a continuous wireless network. In order to provide wireless coverage within the geographic confines of each cell, a wireless facility ("cell site') must be located somewhere near the center of that cell. If the wireless facility is not located within or near the center or the height of the antennas is inadequate, then coverage gaps exist. Coverage gaps result in a weak wireless signal which to the end user means a dropped call or inability to make or receive a call. Given the public's increasing dependency on wireless technology, wireless networks and the cell sites that they are made up of are now, more than ever, critical to the safety and well-being of the overall population. Verizon Wireless feels it designed a site that will be in harmony with the appropriate, orderly development of the zoning district in which it is located. The establishment, maintenance and operation of the proposed facility will be wholly contained within a 60' x 60' lease area, unless another carrier collocates at a future date. In that case, the ground lease area depicted in the plans will house additional equipment. Due to the size of the lease area within the grand scale of the 4-H Fairground, and the nature of wireless technology, there will be little impact on the orderly development of the surrounding properties. Similar to other reliable utility networks such as electric, gas & water, wireless networks are essential to the development of any community. Access to the proposed facility will be via an aggregate extension to an existing driveway within the fairgrounds so no major grading, earth moving or environmental impact will be sustained. Additionally, with the facility being unstaffed and maintenance visits occurring only once or twice monthly, there will be no impact on the existing traffic patterns nor will there be any traffic hazards or nuisances generated. iv. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. As noted, the applicant has been sensitive in the selection and design of the proposed facility. The granting of the Special Use will not impede, substantially hinder, or discourage the development and use of adjacent land and buildings as the proposed facility is a slight alteration of the existing site conditions. In addition, reliable utility networks such as electric, gas, water and wireless networks are essential to the development of any community further supporting the interpreted recommendations of the comprehensive plan. Verizon Wireless' operational technology is heavily regulated and routinely managed so as not to interfere with any other form of communication or utility. Page 3 of 6 In addition, enhanced wireless communication will have a positive influence on the economic development of this area. Businesses, employees and customers will benefit from improved Verizon Wireless service that will increase productivity, convenience and access to information. Indeed, quality wireless networks within your community assure that businesses remain connected with their customers, vendors and employees. This is one of the factors that will encourage existing businesses to remain and expand and may help attract new businesses or private investment to the City of South Bend and Saint Joseph County. Also required in the municipal code, Section 21-08.01 for Special Regulations for Wireless Telecommunications Facilities, please find the additional Special Use requirements below: a. A narrative detailing: 1. The reason for need (coverage, capacity, new users, etc.) for a telecommunications tower or wireless communication facility at the requested site. Verizon Wireless is seeking approval for a wireless communications facility detailed in the attached application to keep up with coverage, capacity and new users because of the constant evolution of wireless handsets and consumer demand for data-rich programming and application uses. The attached maps show a deficiency in the coverage objective as determined by the Verizon Wireless RF Engineering department who have analyzed the network. In the current maps, the Engineers see & anticipate a growing deficiency in this area thereby requiring the new, proposed macro cell site. Please refer to the attached maps which show current deficiency & the anticipated coverage to fill network gaps and provide reliable coverage created by the proposed tower. 2. The nature of any existing wireless communication facility with information regarding collocation opportunities or limitations. The alternative candidate considered within the area lacking reliable coverage was a short, 45 foot water tower near Route 20 and Ironwood Drive. Although there are existing carriers on this water facility, the Verizon Wireless RF Engineers evaluated the tank for collocation consideration and determined this water tower was too low for Verizon Wireless to install equipment while meeting the required service objectives as determined by their network analysis. Therefore the proposed 150 foot tower is justified as a resolution to provide sufficient and improved coverage while being collocatable by others after construction completion. Please refer to the included affidavit provided by the Verizon Wireless RF Engineer stating the short water tank is an unacceptable candidate. 3. The manner in which the proposed placement will promote the City of South Bend Telecommunications Policies. Due to the fact that Verizon Wireless has been sensitive in selecting a site that will minimize the impact of the surrounding property, the proposed facility will not alter the essential character of the neighborhood. The proposed facility and the proposed variation will be compatible with the existing environment for the purposes already permitted and will not interfere with the use and enjoyment of any other property in the immediate vicinity. Wireless technology does not interfere with any other form of communication, whether public or private. Additionally, wireless technology provides vital communication in emergency situations and will commonly be used by local residents and emergency personnel to protect the general public's health, safety and welfare. This facility will not Page 4 of 6 have an effect on the property values within the vicinity, but rather, its presence will provide enhanced wireless communications to the residents, businesses and visitors of the City of South Bend and Saint Joseph County. Enhanced wireless communications will have a positive influence on this area. In association with the Special Use application, Verizon Wireless respectfully requests the consideration and approval of a Variance application for the use of an aggregate access drive in lieu of a hard surface access drive required by code. Therefore, please accept the following justification statement petition listed below addressing the items listed in the Variance application: 1. WHY the approval will not be injurious to the public health, safety, morals and general welfare of the community. The proposed facility will be designed and constructed to meet applicable governmental and industry standards. Specifically, Verizon Wireless will comply with FCC and FAA rules governing construction requirements, technical standards, interference protection, power and height limitations and radio frequency. Wireless technology does not have an adverse effect on matters affecting the public health, safety & general welfare. To the contrary, wireless technology affords vital communications in emergency situations and will commonly be used by local residents and emergency personnel to protect the general public's health, safety and welfare. These emergency services include 911 services, the ability to transmit vital data and a backup system to landline phone communication. 2. WHY the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. The proposed facility will be unstaffed and, upon completion, will require only infrequent maintenance visits (approximately one or two times a month) by a service technician. Access to the proposed facility will be via the existing entryways to the property. The facility is entirely self- monitored by sophisticated computers which connect directly to a central office to alert personnel to equipment malfunction or breach of security. Hence, the facility will not have any material impact on traffic, parking or storm water control nor will the proposed facility create any substantial adverse effect on public safety. Moreover, no material noise, glare, smoke, debris traffic flow or any other nuisance will be generated by the proposed facility. The facility will not diminish and impair the value of other property in the neighborhood, but rather, its presence will enhance and provide wireless communications to the residents of the City of South Bend and St. Joseph County. Enhanced wireless communication will have a positive influence on the economic development of this area. Businesses, employees and customers will benefit from improved Verizon Wireless service which will increase productivity, convenience and access to information. The availability of current and future cutting edge wireless technology will continue to make the City of South Bend and St. Joseph County a pleasant place to live and desirable place to invest and conduct business. 3. WHY the strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. Verizon Wireless feels that because the proposed facility will be unstaffed and, upon completion, will require only infrequent maintenance visits (approximately one or two times a month) by a service technician, a paved hard surface access road will not be necessary since the access to Page 5 of 6 the proposed facility will not experience significant use or travel. The facility is entirely self- monitored by sophisticated computers which connect directly to a central office to alert personnel to equipment malfunction or breach of security and if the issue cannot be managed remotely from the main Verizon Wireless office, only then will a technician be deployed to the facility. Therefore, the facility will not have any material impact on traffic, parking or storm water control nor will the proposed facility create any substantial adverse effect on public safety which further justifies an aggregate access road as a suitable alternative. Thank you in advance for your consideration of the Verizon Wireless Special Use and Variance applications. We respectfully request a favorable recommendation for approval and look forward to expanding the Verizon Wireless network to continue providing substantial, reliable and efficient wireless telecommunications services in the City of South Bend and the County of Saint Joseph. Please do not hesitate to contact me at (312) 442-2202 or shanehy @insite-inc.com with any concern. Sincerely, Shane Hennessy- ork Insite inc. Rom EW Cp kO S.'q 2210 Midwest Road, Suite 213 Oak Brook, IL 60523 (312) 442-2202 shanehy(c)insite-inc.com Page 6 of 6 AFFIDAVIT Verizon Wireless PROPOSED WIRELESS TELECOMMUNICATIONS FACILITY Ireland South Bend,IN STATE OF ILLINOIS) )SS COUNTY OF COOK) I, Vaughne Glymph, representing Verizon Wireless, (hereinafter "Verizon"), whose address is 1515 Woodfield Road,Schaumburg,IL 60173,being duly sworn,state the following: 1. I am a Radio Frequency Engineer engaged in the development and deployment of Verizon's area network and involved in network design and optimization, including evaluation and selection of candidates for wireless telecommunications sites in the network. 2. In an effort to provide additional capacity and improve in-building coverage in South Bend, we have determined that it is necessary to obtain a new site within one mile radius of Jackson and York Roads (the"Search Ring"). We are experiencing degraded performance for customers who live and commute in this area. 3. My evaluation, conducted in the normal course of Verizon's operations, consisted of predicting signal propagation via industry-standard software models. I calculated the proposed site's contribution to Verizon's needs for coverage and capacity in the area intended to be served by the site within reference to surrounding proposed sites. 4. Verizon Wireless evaluated a co-location opportunity on an existing water tower near Route 20 and Ironwood Drive, but the water tower is not suitable as it is approximately forty-five (45) feet tall. Conversely, the proposed Verizon Wireless tower is one-hundred and fifty (150) feet tall and Sts Verizon's coverage area and coverage needs. 5. Further Affiant Sayeth Not. IN THE PRESENCE OF: l� Print Nat e: Vaughn Glymp 4 STATE OF ILLINOIS COUNTY OF COOK On 1� //3 before me, Ray Shinkle, Notary Public, personally appeared Vaughn, Glymph, Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same of his own free will. WI my official seal. (SEAL) Notary Pu li .0 iii My Commission expires: OFFICIAL SEAL RAY SHINKLE Notary Public.State of Illinois My Commission Expires Sep 15. 2016 # ry Y a�cr 4k� Before i I 7 After Ireland, Loc # 168314 View Fiorn North CHICAGO SMSA, limited partnership (, TERRA\ d/b/a Venzon Wireless PETITION OF CHICAGO SMSA LIMITED PART.IVERIZON SPECIAL USE AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PRPOSED SPECIAL USE WILL NOT BE INJURIUS TO THE PUBLIC HEALTH, SAFETY,COMFORT,COMMUNITY MORAL STANDARDS,CONVENIENCE OR GENERAL WLFAFE BECAUSE: Development and use as presented will comply with all building, fire safety,traffic,and parking regulations as to not being injurious to the public health,safety,morals,and general welfare of the community. 2. THE PROPOSED SPECIAL USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED SPECIAL USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: The conditions to this particular property does create an unusual and unnecessary hardship_ 4. THE PROPOSED SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE ST.JOSEPH COUNTY COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS or REVISIONS: DECISION IT IS THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto the Roseland Town Council with a: FAVORABLE RECOMMENDATION ADOPTED this 6TH Day of NOVEMBER,2013. YES NO 0 MICHAEL URBANSKI O GERALD PHIPPS rxi RANDALL MATTHYS FXI BRENDAN CRUMLISH ❑ JOE VELLEMAN ABSEn-r JACK YOUNG 0 ROBERT HAWLEY AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX (574) 235-5541 November 7, 2013 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception Chicago SMSA Limited PartnershipNerizon Wireless ABZA 11/6/13 Dear Council Members: The above referenced petition of Chicago SMSA Limited Partnership/Verizon Wireless was legally advertised on October 17, 2013. The Area Board of Zoning Appeals gave it a public hearing on November 6,2013, at which time the following action wastaken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and by a 6-0 vote, the petition for Special Exception to allow a 158' co-location communications tower in a "SFl"District, on property located at 5117 S. Ironwood Drive, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made parts of this report. Since��'��i 7 Charles C. Bulot, C.B.O. Building Commissioner CCB/cah RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST.JOSEPH COUNTY, INDIANA FOR THE PROPERTY LOCATED AT 1020 WEBSTER STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Area Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty (60) days after the Area Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS,the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION 1. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exceptions be granted for the properties located at: (1020 WEBSTER STREET,SOUTH BEND, INDIANA) in order to permit: The Approval of a Special Exception to allow for the operation of a Resource Recovery facility/Transfer Station for property located at 1020 Webster Street in South Bend. Indiana per Section 21-04.02 (A)(2)(B)(D) of the City of South Bend Zoning Ordinance. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. 2 SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed uses will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed uses will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed uses will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals, which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council U.,. .:4 0^iJ D pw4e an oPP `Y (-3r p F c hef;rag a� Filed io" L,RLSENTED NOT APPROVFgi :,c SEMC),IN ADOPTED --- _____.. _ L'*14 Vanch, t/arner & 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 14, 2013 South Bend Common Council 4th Floor County-City Building South Bend Indiana 46601 RE: Special Exception Petition for Webster St. Holdings LLC, for property at 1020 Webster Street, South Bend, Indiana: Dear Council Members: Our clients are requesting the approval of a Special Exception for their property located at 1020 Webster Street, South Bend, Indiana. The Special Exception will allow for the operation of a Resource Recovery facility/Transfer Station. Our clients believe that the approval of the proposed Special Exception will fit with the existing uses in this portion of the City' s older industrial core South of Sample Street and West of Prairie Avenue. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, MPichael . Danch President Danch, Harner 6 Associates, Inc. File # 130237 Md. "C" 1643 Commerce Drive . South Bend, IN 46628 208 West Mars . Berrien Springs, MI 49103 once 574/234-4003 . 800/594-4003 0 Fax 574/234-4119 otrce 269/471-3010 . Fax 269/471-7237 AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA NO. FILED 20 NOTIFIED 20_ HEARING 20 APPEAL Applicant's Name: Webster St. Holdings , LLC, Attn: Mr. Bill Kyle Phone 231-9844 Address : 829 Opal Drive, Valparaiso, Indiana 46383 Address of Property: 1020 Webster Street, South Bend, Indiana 46619 Present Zoning of Properties: "GI" General Industrial District Owner's Name: Webster St. Holdings, LLC, Attn: Mr. Bill Kyle Phone 231-9844 Address : 629 Opal Drive, Valparaiso, Indiana 46383 Counsel or Consultant: DANCH, HARNER & ASSOCIATES, INC. Phone 234-4003 Address : 1643 COMMERCE DRIVE, SOUTH BEND, INDIANA 46628 TO THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the matter of erecting, occupying, building, addition at 1020 Webster Street, South Bend, Indiana 46619 NATURE OF APPEAL: REQUESTED SPECIAL EXCEPTION AND VARIANCES: PARCEL "A" Zoned "GI" General Industrial : SPECIAL, EXCEPTION REQUEST: 1) . Approval of a Special Exception to allow for the operation of a Resource Recovery facility/Transfer Station for property located at 1020 Webster Street in South Bend, Indiana per Section 21-04.02 (A) (2) (B) (D) of the City of South Bend Zoning Ordinance. VARIANCE REQUESTS : 1) . A Variance from the requirement of providing required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the North, East, West and South property lines to providing no perimeter landscaping; 2 2) . A Variance from the minimum required 150 feet of frontage along an improved dedicated right-of-way to a minimum of 80 feet more or less along the existing brick pavement of Webster Street as shown; 3) . A Variance from the requirement of providing a paved outside storage area, paved parking spaces and paved driveways and maneuvering areas to existing gravel outside storage area, parking spaces and driveway and maneuvering areas as shown; 4) . A Variance from the required Fencing containing 30% open space or greater and supplemented with Screening of outdoor storage areas consisting of Type "C": Full Screening along the North, East, South and West property lines to using existing and proposed minimum 6 ft. high chain link fencing on said property lines as shown. 5) . A Variance from providing a 6 foot wide landscape bed and landscaping for the West building fagade along Webster Street to providing no additional landscaping; 6) . A Variance to allow for outside storage to be located in the front- yard setback along Webster Street to a minimum of 10 feet to the front property line as shown; The Petitioners are the owners of the real estate parcel shown on the attached site plan and as shown in the records of the St. Joseph County, Indiana Auditor' s office. The Petition property presently has a Zoning classification of "GI" General Industrial District. When the Petitioners purchased the property it was being used as a trucking repair facility. The Petitioners are at a point where they would like to make some minor renovation to the existing buildings and begin to operate a Resource Recycling facility/Transfer Station and have a location that allows them to store their trash containers . The proposed Resource Recovery facility/Transfer Station would use the existing buildings and the areas to the northeast of the existing buildings and the south part of the site would be used for outside storage. They plan to add fencing along those portions of the perimeter of the property to tie to the existing fencing to secure the property. The transfer of recyclable materials will occur in the existing building located along the east side of the site. There would be no storage of recyclable materials outside exposed to the elements . Also, there would be no processing of any recyclable materials on the property. All materials would be transferred from one truck to another within the east building. The Petitioners plan to add a weigh station north of the existing main building. The main building will house the offices for the facility. Through discussions with the Area Plan Commission staff and the Building Department staff, it was determined that in order to place a Resource Recovery facility/Transfer Station on the site as proposed, a Special Exception and a few Variances would be required. 3 The first portion of this Petition concerns the request to ask for approval of a Special Exception to allow for the operation of a Resource Recovery facility/Transfer Station for property located at 1020 Webster Street in South Bend, Indiana per Section 21-04 .02 (A) (2) (B) (D) of the City of South Bend Zoning Ordinance. The property is presently zoned "GI" General Industrial, but the Ordinance requires approval of a Special Exception to operate a Resource Recovery facility/Transfer Station. This site is located in the middle of an old industrial area within the City limits. The site is surrounded by a variety of industrial operations, from junk yards, storage areas for various types of building materials and storage of heavy-duty construction vehicles. The Petitioners would state that this site is centrally located for their operations. It allows for their collection trucks to bring filled trash containers of materials to be emptied and then placed in larger trucks which will transfer the materials to various facilities for either recycling or placement in a landfill site. This type of use appears to fit well with the existing surrounding industrial operations . The Petitioners would ask the Board Members to agree that approval of the Special Exception to allow for a Resource Recovery facility/Transfer Station, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed uses will be consistent with the character of the district in which they are located and the land uses authorized therein, and that the proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code § 21-09. 03 (i) . With regards to the site, the following Variances are also being requested to be approved. The first Variance request is from the requirement of providing perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the North, East, West and South property lines to providing no perimeter landscaping. The Petition site is an old industrial property south of the downtown core. The Petition property is surrounded by several other industrial sites as mentioned above. The Petitioners are asking not to be required to add perimeter trees around the boundary of the site, which abut the other industrial sites to the North, East West and South. This area has been industrial for the past several decades and is not part of any new industrial park development. Having to plant perimeter trees along all four sides of the property would not be desirable on the mentioned property lines as the trees would be difficult to care for in order to assure their survival . They do not believe approval of this Variance would have a detrimental effect on any surrounding property. The second Variance request is from the minimum required 150 feet of frontage along an improved dedicated right-of-way to a minimum of 80 4 feet more or less along the existing brick pavement of Webster Street as shown. The Petitioners are asking to be allowed to continue to use the existing paved street for access to their property without being required to bring the existing street up to the latest City standards and improve said street for a minimum 150 feet. The existing street provides satisfactory access for the property and has since the Petitioners purchased the property. The City has no plans to improve Webster Street from what exists today. The site has access to Sample Street, and Webster Street is used today by three other property owners. The Petitioners do not believe approval of this Variance would be detrimental to any adjacent property. The third Variance request is from the requirement of providing a paved outside storage area, paved parking spaces and paved driveways and maneuvering areas to existing gravel outside storage area, parking spaces and driveway and maneuvering areas as shown. The Petitioners would state that their use of the property with trucks entering and exiting to drop off containers and take materials for recycling or to landfills along with picking up containers or dropping them off for later use places a heavy use on any surface within the site. A paved surface with the heavy use and the constant picking up and dropping off of containers would be easily damaged. The Petitioners have found that using gravel as the wearing surface is easier to maintain. It makes replacing any heavily used area with additional gravel easy as compared to ripping up a paved surface and constantly patching worn areas . They would pave any parking area required to meet ADA standards for access to the building. The remaining portion of parking would be left on a gravel surface. The Petitioners do not believe the approval of this Variance would have a negative impact on any adjacent property. The fourth Variance request is from the required Fencing containing 30% open space or greater and supplemented with Screening of outdoor storage areas consisting of Type "C" : Full Screening along the North, East, South and West property lines to using existing and proposed minimum 6 ft. high chain link fencing on said property lines as shown. This request is similar to the first Variance, in that the proposed outside storage areas abut existing outside storage, existing on the adjacent properties. The Petitioners propose to place a minimum 6 ft. high chain link fence along the south perimeter of the property to tie to the existing fencing running along the west property line and tying to the building on the east property line. This will help to secure the site. Since outside storage is being done on adjacent properties, the Petitioners would ask not to be required to have fencing with add Type "C" Screening in conjunction with the fencing as stated in the Ordinance. The Petitioners do not believe the intent of the Ordinance was to require outside storage of materials to be screened from adjacent outside storage on similarly zoned properties. The Petitioners would state that the proposed outside storage areas would be difficult to be seen directly from the northwest corner of the site from the fully improved portion of Webster Street. Webster Street presently is unpaved along a portion the west property line and the City has no plans to pave Webster Street from where the pavement presently exists. The Petitioners 5 do not believe approval of this Variance request will have an adverse impact on any surrounding industrial property. The fifth Variance request is from providing a 6 foot wide landscape bed and landscaping for the West building fagade along Webster Street to providing no additional landscaping. The Petitioners are asking to be able to use the existing building without adding landscaping that is only being required due to a change in building use. This site does not have high visibility along a well travelled street, nor is it part of a new industrial park. The Petitioners do not believe approval of this Variance would have a negative impact on any surrounding property. The last Variance request is to allow for outside storage to be located in the front-yard setback along Webster Street to a minimum of 10 feet to the front property line as shown. The Petitioners would note that with the location of the existing buildings and the unimproved Webster Street, the south side of the site provides an excellent place to locate the Company' s trash containers . As mentioned above the City has no plans to improve Webster Street along the front of the Petition site. The property to the west is being used to store dirt in large piles and the property to the south is using the north side of their property for outside storage. The Petitioners do not believe approval of this Variance would adversely impact any of the surrounding properties . The Petitioners would ask the Board Members to agree that approval of the above described Special Exception and Variances requests will not have a detrimental affect for this area, nor would the property values, public 's health, safety, morals, or general welfare be adversely affected. The Petitioners contend that the strict application of the terms of the Zoning ordinance will constitute an unusual and unnecessary hardship as applied to the property for which the Special exception and Variances are sought: that the need for the Special Exception and Variances arises from such condition peculiar to the property in the same Zone: and that the use or value of the area adjacent to the property described in the Petition for the Special Exception and Variances will not be injurious to the public health, Safety, morals, or general welfare of the community. I attest, under the penalties for perjury, that the foregoing representations are true. Michael J. Danch President Danch, Harner & Associates, Inc. Property Owners Within 300 Feet MM Blair LLC Ramar Land Corp Omnisource Corp. 10343 McKinley 600 Gilliam Rd 7575 W Jefferson Blvd Osceola, IN. 46561 Wilmington, OH. 45177 Fort Wayne, IN. 46804 Tax Key#018 8021 0840 Tax Key# 018 8021 084106 Tax Key#018 8021 0847 Omnisource Corp. Webster St Holdings LLC Omnisource Corp. 7575 W Jefferson Blvd 829 Opal Dr 7575 W Jefferson Blvd Fort Wayne, IN, 46804 Valparaiso, IN. 46383 Fort Wayne, IN. 46804 Tax Key*018 8021 084718 Tax Key# 018 8021 084105 Tax Key# 018 8021 084717 Ritschard Bros Inc Imagineering Enterprises Inc Indiana Land Trust 70298 1204 W Sample St 1302 W Sample St 108 N Main Ste, 711 South Bend, IN. 46619 South Bend, IN, 46619 South Bend, IN. 46601 Tax Key#018 8021 084103 Tax Key#018 8021 084002 Tax Key#018 8021 084112 Ritschard Bros. Inc Omnisource Corp. 1204 W Sample St 7575 W Jefferson Blvd South Bend, IN, 46619 Fort Wayne, IN. 46804 Tax Key# 018 8021 084111 Tax Key#018 8021 084104 AREA BOARD OF ZONING APPEALS 12' S. Lafayette Blvd. Z,mle 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 November 7,2013 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception Webster St. Holdings, LLC ABZA 11/6/13 Dear Council Members: The above referenced petition of Webster St. Holdings, LLC was legally advertised on October 17,2013. The Area Board of Zoning Appeals gave it a public hearing on November 6,2013, at which time the following actionwas taken: Upon a motion by Mr. Matthys, being seconded by Mr. Urbanski and by a 6-0 vote, the petition for Special Exception to allow a Resource Recovery facility/Transfer Station in a "GI" District, on property located at 1020 Webster St., is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincere( Charles C. Bulot, C.B.O. Building Commissioner CCB/cah PF 1'I IION Ol WEBSTER ST. HOLDINGS, LLC SPECIAL USE AREA BOARD OF ZONING APPEALS FINDINGS OF FACT L THE PRPOSED SPECIAL USE WILL NOT BE INJURIUS TO THE PUBLIC HEALTH, SAFETY,COMFORT,COMMUNITY MORAL STANDARDS,CONVENIENCE OR GENERAL WLFAFE BECAUSE: Development and use as presented will comply with all building,fire safety,traffic,and parking regulations as to not being injurious to the public health,safety,morals,and general welfare of the community. 2. THE PROPOSED SPECIAL USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED SPECIAL USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: The conditions to this particular property does create an unusual and unnecessary hardship. 4. THE PROPOSED SPECIAL.USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE ST.JOSEPH COUNTY COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS or REVISIONS: DECISION' IT IS THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto the Roseland Town Council with a: FAVORABLE RECOMMENDATION ADOPTED this 6TH Day of NOVEMBER.2013. YES NO 7 MICHAEL URBANSKI 0 GERALD PHIPPS ❑X RANDALL MATTHYS X1 BRENDAN CRUMLISH x❑ JOE VELLFMAN ABSENT JACK YOUNG 0 ROBERT HAWLEY JOHN W. BYORNI EXECUTIVE DIRECTOR C LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST . JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 C UN4/1 ry1E `BUILDING, SOUTH BEND, INDIANA 46601 (574) 235.9S7 I Y`t - October 23, 2013 P•k, nom, s Area Board of Zoning Appeals e 010 Common Council !�� 125 S. Lafayette, Suite 100 �e�.o, <►a� c@ Attn: Janice South Bend, Indiana 46601 9rr r, Floor County City Building SOS : South Bend, IN 46601 RE: Area Board of Zoning Appeals Meeting ®F't'O4V Dear Board Members: The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday, November 6 2013. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. 1. Petition of Mallory Square, LLC . The staff recommends approval of these variances for lots 1, 2, 3, 17, 18, 19, and 20 only. These lots are either already built on, or have infrastructure, like a street, readily available. The staff feels granting variances, in this instance, for lots not yet created is premature. Development issues, such as public streets and the extent to which the property can be further developed, need to be addressed through established procedures before variances for the other proposed lots are considered. The staff would note that the town must accept the road, or additional variances for frontage will be required. 10. Petition of Robert J. Truckowski and Robert J. Truckowski II. The staff recommends denial of this variance. Frontage requirements were established for many reasons, including clear visual identity, adequate spacing between homes to prevent stacking of homes, and to reduce confusion between properties for emergency response SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY. OSCEOLA. & ROSELAND WWW STIOSEPHCOUNTYINDIANA COM While staff recognizes the desire to develop this property that has been vacant for quite some time, careful consideration for the character of the area and protection of the use and value of adjacent properties needs to be considered. Although the developer might argue that this project could not proceed at five stories in height, our opinion is that the ordinance, as currently written, does not prohibit the development of the site for a different proposal. Therefore, it appears that the standard that strict application of the terms of the zoning ordinance would result in practical difficulties in the use of the property has not been met. Having said this, we also recognize that the current ordinance and plan were written during a different city administration and Common Council and that land use policies can change over time. If it is the current thinking of the City Administration that the height of buildings in the East Bank should be increased, then the East Bank Village Plan, Phase One needs to be reviewed, and the zoning ordinance amended accordingly The staff would be willing to draft an amendment to the zoning ordinance for consideration by the Area Plan Commission and Common Council. It may be advisable for the developer to request that this item be tabled to allow this conversation to take place. If the variance is denied, the petitioner will have to wait six months before reapplying. Special Exception / Special Use A special exception use/special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land s authorized therein; —(4 ropose use is compa with the recommendations of the Comprehensive Plan, 20. Petition of Webster St. Holdings, LLC. Based on information available prior to the Bo d meeting, the staff recommends that the variances be granted and the special excepti be sent to the Common Council with a 'fayorable recommendation. - The pr osed use will not rious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed use does not include the processing or storage of recyclable materials; it is being established as a transfer station. The actual transfer will be conducted within an existing building and will not be injurious to the general welfare of the community. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed use is located within and surrounded by the GI General Industrial District. The GI District is established to provide for manufacturing and processing facilities which may require substantial amounts of outdoor storage and outdoor operations. The proposed use will not adversely affect the use of the adjacent area or property values. SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA, B ROSELAND NWW STJOSEPHCOUNTYINDIANA COM The proposed use is located over 400' from the nearest adjacent property owner and over 400' from Jackson Road and includes all required screening, so it should not adversely affect the use or property values of the adjacent area. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. While the general area is single-family residential, the area in which the proposed use will be located is part of the St. Joseph County Fairgrounds which is a public use. There are several large transmission towers in the area so the request is consistent with the character of the area. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. City Plan, South Bend Comprehensive Plan (November 2005) Objective PF 4.1: Encourage the development of telecommunications infrastructure that enhances the City's level of communication and service. Sincerely, Ang M. Smith Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA, & ROSELAND WWW STIOSEPHCOUNTYINOIANA COM JOHN W BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR qARPEAPLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 46601 (574)235-9571 Wednesday, November 20,2013 I p A_ k 0 _ —3 The Honorable Council of the City of–South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Richard& Linda Ford to zone from SF2 Single Family&Two Family District and GB General Business District to PUD Planned Unit Development District, property located at 736 California Avenue and 906, 908, 910 Portage Avenue, City of South Bend -APC9 2686-13, Dear Council Members: I hereby Certify that the above referenced ordinance of Richard& Linda Ford was legally advertised on Thursday, November 07, 2013 and that the Area Plan Commission at its public hearing on Tuesday.November 19,2013 took the following action: Upon a motion by Daniel Brewer, being seconded by Oliver Davis and unanimously carried, the proposed ordinance of Richard& Linda Ford to zone from SF2 Single Family&Two Family District and GB General Business District to PUD Planned Unit Development District, property located at 736 California Avenue and 906, 908, 910 Portage Avenue, City of South Bend is sent to the Common Council with a favorable recommendation subject to a written commitment addressing the provision of additional parking being made available. The redevelopment of this site into a mixed use development would strengthen the Portage Avenue corridor. The PUD incorporates several of the appearance objectives of the Portage Avenue Commercial Corridor Revitalization Action Plan. such as parking in the rear. front lot line buildings,and landscape screening. The additional parking spaces provided by the NNN will provide sufficient parking for residents and customers. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, !��/ ilt W. tiLlvl �-J'ohn W. Byorn� Attachment CC: Richard & Linda Ford Near Northwest Neighborhood, Inc. SERVING.ST JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA& ROSELAND wwwsnjoseph councyindiana.cam/Aceaplan Staff Report 11/7/2013 APC # 2686-13 Owner: Richard & Linda Ford Location: 736 California Avenue and 906, 908, 910 Portage Avenue Jurisdiction: City of South Bend Public Hearing Date: 11/19/2013 Requested Action: The petitioner is requesting a zone change from SF2 Single Family& 'two Family District and GB General Business District to PUD Planned Unit Development District to allow a multi-family residential development with a retail restaurant/cafe. Land Uses and Zoning: On site: On site is a vacant manufacturing building, its associated parking and a vacant lot. North: To the north is a parking lot owned by the Near Northwest Neighborhood, Inc (NNN) zoned MU Mixed Use District. To the northwest are the offices of the NNN zoned MU Mixed Use District. East: To the east are single family homes zoned SF2 Single Family and Two Family District. South: To the south, across Rex Street, is vacant land owned by the City of South Bend. zoned MU Mixed Use District. West: To the west, across Portage Avenue, is an auto detailer, florist, electronics business, and several single family homes, all zoned MU Mixed Use District. District Uses and Development Standards: The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments: provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. The PUD District is not intended for the development of residential subdivisions or other developments which are provided for as a matter of right within any district of this Ordinance. Site Plan Description: The site is just under an acre. There is an existing building, of which the front center 4,900 square feet and the northern half of the first floor fagade will be kept. A new tow- story building will be built around those features. There will be 29 one-bedroom units and 13 two-bedroom units. A retail use, such as a restaurant or cafe will occupy 1,600 square feet at the northwest comer of the building. The total building is 26,200 square feet or 63% of the site. There are 29 parking spaces on the lot with the building, and five additional parking spaces on the east side of the alley. Paving will cover 29% of the site. APC # 2686-13 Page 1 of 3 Staff Report 11/7/2013 Additional off-site parking is located on the street or in the NNN parking lot at the northeast corner of Portage Avenue and California Avenue. Parking screening landscaping is proposed for the additional parking spaces. A row of shrubs is proposed on the east side of the building and between the parking and the alley. Street trees are proposed along Portage Avenue. Open space covers 8% of the site. Zoning and Land Use History And Trends: This intersection had been zoned C Commercial since the 1950s, until the most recent map update in 2004, when this property was changed to GB General Business and the surrounding corners were changed to MU Mixed Use. Traffic and Transportation Considerations: Portage Avenue has two lanes with a dedicated left turn lane at the signalized intersection at California Avenue. California Avenue and Rex Street both have two lanes. Utilities: The project will be serviced by public water and sewer. Agency Comments: The Department of Community Investment offers a positive recommendation for the rezoning request contingent upon the NNN supplying a document conveying the use of the off-street parking facility on the corner of Portage and California. Commitments: The staff recommends a written commitment between the petitioner and the NNN regarding use of the NNN parking lot at the northeast corner of Portage and California. Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2006) Objective H 1: Ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future. Land Use Plan: The Future Land Use Map identifies the main parcel as commercial, parcels surrounding the intersection as mixed use and parcels within the neighborhood as medium density residential. Plan Implementation/Other Plans: The Portage Avenue Commercial Corridor Revitalization Action Plan (November 1999) objective to require site plan review would set corridor standards such as: encourage side and rear parking lots, front lot line buildings, control signage. restrict lighting's impact on nearby residences. and require landscape screening. 2. Current Conditions and Character: The Near Northwest Neighborhood office serves as an anchor to the neighborhood. The west side of Portage Avenue has a mix of businesses and houses. A few of the houses to the east are vacant and boarded up. APC # 2686-13 Page 2 of 3 Staff Report 11/7/2013 3. Most Desirable Use: The most desirable use for this site is retail on the first floor and residential units above. 4. Conservation of Property Values: The redevelopment of this building along this corridor could have a positive effect on the surrounding property values. 5. Responsible Development And Growth: It is responsible development and growth to allow the redevelopment of an underused building into a mixed use development. Staff Comments: The staff has received a Memorandum of Understanding from the Near Northwest Neighborhood regarding the use of 26 parking spaces in their lot, located at the comer of Portage and California. Recommendation: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation subject to a written commitment addressing the additional parking being made available. Analysis: The redevelopment of this site into a mixed use development would strengthen the Portage Avenue corridor. The PUD incorporates several of the appearance objectives of the Portage Avenue Commercial Corridor Revitalization Action Plan, such as parking in the rear, front lot line buildings. and landscape screening. The additional parking spaces provided by the NNN will provide sufficient parking for residents and customers. APC # 2686-13 Page 3 of 3 ° � 7 , sFi a� � � � . F e � ry � a y� rs NIF1 SF� ,.. a��' �m.�.' r.. nau O� / SFZ PAAU California sF_ ea , 4 � r' sFS sF2 sFZ,'; SOUTH BEND; rdu Rex /p s $F: F ru ry ' m A \ m sF_ a,iu s - _ sFZ SF--� U \ � Van Buren NIF 1 " 5 —5�2 SF�• SFcF" GF2 ' SF2 m - °F_ s.'. ° 5F_A s _nn r cF-\ rrIF1 Rezoning from: "GB"GENERAL BUSINESS DISTRICT & "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "PUD" PLANNED UNIT DEVELOPMENT MASTER ZONING KEY " SOUTH BEND "SF2" SINGLE FAMILYAND TWO FAMILY DISTRICT IV ■ SOUTH BEND "MF1 " URBAN CORRIDOR IOU LTIFAMILY DISTRICT s SOUTH BEND "MU" MIXED USE DISTRICT 1 inch = 200 feet SOUTH BEND "GB" GENERAL BUSINESS DISTRICT APC # 2686-13 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT, 736 CALIFORNIA AVENUE, 906, 908 & 910 PORTAGE AVENUE, COUNCILMANIC DISTRICT No. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM SF2 SINGLE FAMILY AND TWO FAMILY RESIDENTIAL, AND GB GENERAL BUSINESS DISTRICTS TO PUD PLANNED UNIT DEVELOPMENT TO ALLOIV FOR A MULTI-FAMLY RESIDENTIAL PROJECT. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. 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 Northeast and Southeast Quarters of Section 2, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lots # 113, # 114, # 115 and Lot # 112 of the Plat of"Shetterley Place 3`d Plat" now a part of the City of South Bend as recorded in Plat Book # 5, on Page # 60 in the records of the St. Joseph County, Indiana Recorder's office, excepting the East 35 feet of said Lot # 112, Lot "A", Lot # 33 of the Plat of"Shetterley Place 2"d Plat" to the City of South Bend as recorded in Plat Book # 5 on Page # 44 in the records of said Recorder's office. Containing 0.96 acres more or less. Subject to all legal highways, easements and restrictions of record. and the same is hereby established as PUD Planned Unit Development District, SECTION I1. 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 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 Clerk's t:iffir 1,; REAG�IvG ` D'u::i_:C 1,=ARING �l f 3 ?. rd READING I( ^^ l! i:OT APPROVED `- JOHN vs orWE REFERRER I CITY CLERK,SOUTH BEND,IN p PASSER JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY M C DIRECT R DEPUTY DIRECT TO AREA PLAN COMMISSION OF ST . JOSEPH COUNTY , IN un E R,DN B,.D ROOM ,,,o CONNT. nTT 1 50 U T H BEND INDiINA .EBBS (,,,1 2 1 „,4 October 31, 2013 The Honorable South Bend Common Council 411 Floor, County-City Building South Bend, Indiana 46601 RE: Bill # 61-13 An bill amending the zoning ordinance for property located at 736 California Avenue, 906, 908, SB 910 Portage Avenue, Councilmanic District No. 1 in the City of South Bend, Indiana Dear Council Members: The following changes have been made to the Ordinance for the above-referenced petition: Ordinance: 1 ) Reference to the MU Mixed Use District was removed from the Statement of Purpose and Intent. Petition: 2) The MU Mixed Use District was removed form Item #5 in the From category. Revised copies have been attached. If you have any further questions, please call me at 574-235-9571 . Sincerely, r I ^ V / 4 L Christa Hill Planner „B.I N R OBEB. DDDM.. ROD.N BIND ,..E.,,,, M w .R,I„R ADRTI .,BEAT. OSC20LI B RD,,,.ND wWw I TI D S E VV CDU V iv NDi SNI CDn PETITION TO REZONE 0 ,I CCity 0C _ 2013 of South Bend, Indiana _ ,7 I (we)the undersigned make application to the City of South Bend Common Council to amend the zoning -- y ordinance as herein requested. I) The subject properties are located at: 736 California Avenue and 906, 908,910 Portage Avenue, South Bend, Indiana 46616. Key Number(s) is/are: 18-1062-2658, 18-1060-2535, 18-1060-2536, 3) Name and address of property owner(s)of the petition site: Richard& Linda Ford 908 Portage Avenue South Bend, Indiana 46616 E-Mail Address N/A 4) Name and address of contingent purchaser(s), if applicable: Near Northwest Neighborhood, Inc. P.O. Box 1132 South Bend, Indiana 46624 E-Mail Address N/A 5) It is desired and requested that this property be rezoned: From: SF2.5ingle Family and Two Family, & GB General Business Districts To: PUD Planned Unit Development District 6) This rezoning is requested to allow the following use(s): Multi family Residential development. 7) Attached, and made a part of this PETITION, is: (a) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (b)six(6)site plans;and (c)addressed, stamped envelopes for all property owners within 300 feet of the petition property. 8) BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-DESCRIBED REAL ESTATE SIGNIFY THAT THEY UNDERSTAND THAT ALL REPRESENTATIONS MADE BY THEM OR THEIR REPRESENTATIVES AT THE AREA PLAN COMMISSION AND CITY COUNCIL MEETINGS AS TO THE SCOPE OF THE DEVELOPMENT SHALL BE BINDING UPON THEM AND ANY SUBSEQUENT OWNER AND OTHER PERSONS ACQUIRING AN INTEREST THEREIN. SUCH REPRESENTATIONS SHALL BE MADE PART OF THE RECORD AND WILL BECOME A CONDITION OF ANY FINAL PLAN APPROVAL. Signature(s) of All Property owner(s),or signature of Attorney for all property owner(s): Richard Ford Linda Ford 908 Portage Avenue 908 Portage Avenue South Bend, Indiana 46616 South Bend, Indiana 46616 E-Mail Address N/A E-Mail Address N/A Ph. No ?A5 >' % y ! > G/ Ph. No. 531 `jD � PETITION PREPARED BY&CONTACT PERSON: Name: Danch, Harner&Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 574-134-4003 mdanchC?danchharner.com t LEGAL DESCRIPTION That part of the Northeast and Southeast Quarters of Section 2, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lots # 113, # 114, # 115 and Lot # 112 of the Plat of"Shetterley Place 3rd Plat" now a part of the City of South Bend as recorded in Plat Book # 5, on Page # 60 in the records of the St. Joseph County, Indiana Recorder's office, excepting the East 35 feet of said Lot # 112, Lot "A", Lot # 33 of the Plat of"Shetterley Place 2"d Plat' to the City of South Bend as recorded in Plat Book # 5 on Page # 44 in the records of said Recorder's office. Containing 0.96 acres more or less. Subject to all legal highways, easements and restrictions of record. t eiw C_.r: JOHN W BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR q3AREPAPLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1140 COUNTY-CITY BLDG. SOUTH BEND.INDIANA 46601 (5174)2235-9571 Wednesday, November 20, 2013 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Belcorp Financial Services, Inc. to zone from SF2 Single Family & Two Family District and PUD Planned Unit Development District to PUD Planned Unit Development District, property located at the northwest corner of Notre Dame Avenue and Sorin Street, City of South Bend - APC# 2685-13. Dear Council Members: I hereby Certify that the above referenced ordinance of Belcorp Financial Services, Inc. was legally advertised on Thursday, November 07, 2013 and that the Area Plan Commission at its public hearing on Tuesday, November 19, 2013 took the following action: Upon a motion by John McNamara, being seconded by Robert Hawley and unanimously carried, the proposed ordinance of Belcorp Financial Services, Inc. to zone from SF2 Single Family & Two Family District and PUD Planned Unit Development District to PUD Planned Unit Development District, property located at the northwest comer of Notre Dame Avenue and Sorin Street. City of South Bend, is sent to the Common Council with a favorable recommendation subject to the written commitment addressing occupancy. between the owner and the NNRG being recorded. This site is located in an area with a mixture of residential uses consisting of owner-occupied, rentals and multi-tenant developments. There are several non-residential uses in the area. 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, I C) �1ohn W. Byorni Attachment CC: Belcorp Financial Services, Inc. PDC Capital Group, LLC SERVING:ST JOSEPH COUNTY.SOUTH BEND,LAKEVILLE.NEW CARLISLE,NORTH LIBERTY.OSCEOLA& ROSELAND www.zcjoseph<oungindiana.com/Areaplan Staff Report 11/7/2013 APC # 2685-13 Owner: Belcorp Financial Services, Inc. Location: The northwest comer of Notre Dame Avenue and Sorin Street Jurisdiction: City of South Bend Public Hearing Date: 11/19/2013 Requested Action: The petitioner is requesting a zone change from SF2 Single Family& Two Family District and PUD Planned Unit Development District to PUD Planned Unit Development District to allow residential units with an office/maintenance building. Land Uses and Zoning: On site: On site are four yet to be completed buildings, facing Sorin Street and Notre Dame Avenue, and one incomplete interior building. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east, across Notre Dame Avenue, are three single family homes zoned SF2 Single Family and Two Family District, and the Darby Row development zoned MU Mixed Use District. South: To the south across Sorin Street are single family homes zoned SF2 Single Family and Two Family District. Nest: To the west are single family homes zoned SF2 Single Family and Two Family District. District Uses and Development Standards: The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. The PUD District is not intended for the development of residential subdivisions or other developments which are provided for as a matter of right within any district of this Ordinance. Site Plan Description: The total area to be rezoned is 1.76 acres. There are two residential buildings facing Sorin Street, two residential buildings facing Notre Dame Avenue, an interior residential building, and a rental office/clubhouse/maintenance building located at the northwest comer of the site. These buildings total 21.527 square feet or 28% of the site. The four street-facing buildings each contain six two-bedroom units and the interior building will contain 36 one-bedroom units. There are 85 parking spaces at a rate of one per bedroom, plus one space for the rental office/clubhouse/maintenance building. Paving covers APC 4 2685-13 Page i of Staff Report 11/7/2013 23,329 square feet or 30% of the site. There is perimeter landscaping around the entire project boundary, foundation landscaping in front of all the buildings, and parking screening between the parking spaces and the street. Open space is 31,810 square feet or 42% of the site. Zoning and Land Use History And Trends: This site was originally rezoned in 2007 for 32 residential units in 7 buildings with 32 garage spaces and 33 surface parking spaces. In February 2011, a Final Site Plan was approved by the Commission for a 32 unit, 64 bedroom project in five buildings with 65 parking spaces. Additionally, a written commitment regarding ownership and occupancy as well as elevation renderings were made part of the approval. Traffic and Transportation Considerations: Notre Dame Avenue and Sorin Street both have two lanes. Utilities: The site will be served by City water and sewer. Agency Comments: The Department of Community Investment gives a favorable recommendation, but suggests additional landscaping, better pedestrian connectivity between buildings and bike racks. Commitments: The petitioner will be entering into commitments with the Northeast Neighborhood Revitalization Organization (NNRO) restricting the number of bedrooms to 84 and restricting the rental of the dwelling units to graduate students, as that term is defined by the University of Notre Dame. Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: City of South Bend - City Plan. November 2006 LU 2.1: Encourage developers to use planned unit and traditional neighborhood development models to promote land use compatibility in future developments. ED 1.2: Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The Future Land Use Map recommends this area for medium density residential. Plan Implementation/Other Plans: The Northeast Neighborhood Development Area Plan (2003) identifies the majority of the neighborhood as single family home ownership preservation. The northwest corner of Notre Dame Avenue and Sorin Street is not located within any of the sub-areas. 2. Current Conditions and Character: The buildings on this site are in various stages of construction. Darby Row, across Notre Dame Avenue. was built in 2012. Many of the single family homes are being advertised as student rentals. APC 4 2685-13 Page 2 of 3 Staff Report 11/7/2013 3. Most Desirable Use: The most desirable use for this property is higher density residential. The density of this development is 34 units per acre, or 48 bedrooms per acre. The density of Darby Row is 30 units per acre, or 55 bedrooms per acre. The density of The Belfry, located at the southeast corner of Notre Dame Avenue and South Bend Avenue is 31 units per acres, or 62 bedrooms per acre. 4. Conservation of Property Values: Given the other multifamily developments along this stretch of Notre Dame Avenue, the surrounding property values may be conserved or increased with the PUD Planned Unit Development rezoning. 5. Responsible Development And Growth: It is responsible development and growth to encourage the completion of buildings where infrastructure and services exist to create a viable residential option. Staff Comments: The petitioner has proposed commitments with the neighborhood association. This commitment will need to be recorded before the Final Site Plan will be approved. Recommendation: Based on information available prior to the public hearing the staff recommends that this petition be sent to the Common Council with a favorable recommendation, subject the commitments between the owner and the NNRO being recorded. Analysis: This site is located in an area with a mixture of residential uses consisting of owner- occupied, rentals and multi-tenant developments. There are several non-residential uses in the area. APC 4 2685-13 Page 3 of 3 SF2 p:IF 1 SF2 SF2 Campeau SF2 h1F1 Kalorama `" sF: SF2 L ^'- M1AF 1 S U N U w atir � LL 5F- N1F1 re1F1 'SF2 p SF. SF2 NiF 1 L m on 'iTsi;. SF2 � u PF 1 F:1F 1 I' IOU r•AF I sF2 i s: Z SOUTH 6FhD OV 6JF 1 L 19 rdF t ^rr Ls Ln r0 Sor in Z 0 z L SF: M-; Y i m Miner sFZ r,r1 = Ntu Miner - U iSFL Cedar Rezoning from: "PUD" PLANNED UNIT DEVELOPMENT & "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "PUD" PLANNED UNIT DEVELOPMENT MASTER ZONING KEY N „p_,SDU TH BEHC SF2 SIINCLEFALIILY AIN? Tv`iCFAF:IILYCISTRICT ■SCU TH SENC P.1F1 'URB.=.NC CRRICCiRr•AU'LTIFAr:IILYCISTRICT W E SDUTHBEHC t:du r•:11XEC USE CISTRICT 3 7 SOUTH BEHC OFFICE CISTP.ICT SOUTH SEHC LB LC'-AL BUSINESS CIS TRICT 1 inch = 200 feet SOUTH BEN GB GENER.ALBUSIHESSDISTRICT H^L # 2685`13 0SDUTH BEHC FUC FL=NNEC UNIT CEVELCFIEHT ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT, 605, 613, 617, 621 NOTRE DAME AVENUE AND 823 SORIN STREET, COUNCILMANIC DISTRICT No. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM SF2 SINGLE FAMILY AND TWO FAMILY RESIDENTIAL AND PUD PLANNED UNIT DEVELOPMENT DISTRICTS TO PUD PLANNED UNIT DEVELOPMENT TO ALLOW FOR A MULTI- FA MLY RESIDENTIAL PROJECT. 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 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Beginning at the Southwest corner of Lot 34 in the recorded Plat of "Sorin's First Addition to the Town of Lowell, recorded in Plat Book #1, Page 35 in the office of the St. Joseph County Recorder's Office; thence North 01°51'57" East along the West line of said Lot 434 & 433 in said Plat a distance of 297.05 feet more or less to the North line of said Lot # 33; thence South 88°27'55" East along said North line 78.6 feet more or less: thence South 01°51'57" West a distance of 40.02 feet more or less: thence SO11111 88°27'51" East a distance of 64.83 feet more or Icss; thence South 00°55'24" West a distance of 0.49 feet more or less: thence South 88°27'51" East a distance of 143.44 feet more or less to the Westerly right-of-way line of Notre Dame Avenue: thence South 00°01'08" East along said right-of-way line a distance of 233.17 feet more or less to the Northerly right-of-way line of Sorin Street: thence along said Northerly right-of-way line for the next two courses, around a 3 18.3 1 feet radius curve to the right an arc distance of 122.97 feet more or less to the end of a chord which bears South 80°28'30" West and having a length of 122.21 feet more or less and North 88°27'58" East a distance of 174.75 feet more or less to the point of beginning. Containing 1.76 acres more or less. subject to all legal highways, easements and restrictions of record. and the same is hereby established as PUD Planned Unit Development District. SECTION 11. 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. 2 Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20 , at o'clock m. City Clerk Approved and signed by me on the day of 20 , at o'clock M. Mayor of the City of South Bend, Indiana Fiie� 3 .d J{ Mini i ED L IN CITY f.t:&n