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Home My WebLink About10-27-14 Council Agenda & PacketFACRITOU SOUTH BEND COMMON COUNCIL MEETING MONDAY, OCTOBER 27, 2014 1. INVOCATION - CHAPLAIN BOB WEBSTER 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES S. SPECIAL BUSINESS raaf:ETE ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF - KATHRYN ROOS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 42 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH COUNCILMANIC DISTRICT 4, RAINBOW CHILD DEVELOPMENT, 17316 & 17288 STATE ROAD 23, SOUTH BEND, INDIANA 56 -14 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST E/W ALLEY SOUTH OF COLFAX AVENUE FROM LAFAYETTE BLVD. TO THE FIRST N/S ALLEY 57 -14 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY NORTH OF LINCOLNWAY WEST FROM THE WEST RIGHT OF WAY LINE OF ELMER ST. TO THE FIRST NORTH /SOUTH ALLEY 44 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 54 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2015, 2016, AND 2017 55 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2015, 2016, AND 2017 8. BILLS, THIRD READING TIME: BILL NO. 56 -14 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST E/W ALLEY SOUTH OF COLFAX AVENUE FROM LAFAYETTE BLVD. TO THE FIRST N/S ALLEY 57 -14 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY NORTH OF LINCOLNWAY WEST FROM THE WEST RIGHT OF WAY LINE OF ELMER ST. TO THE FIRST NORTH /SOUTH ALLEY 44 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 54 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2015, 2016, AND 2017 55 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2015, 2016, AND 2017 9. RESOLUTIONS RTT,T N0. 14 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITH THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2820 VIRIDIAN DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MACK TOOL & ENGINEERING, INC. 14 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITH THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5233 DYLAN DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CHASE PLASTICS 14 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITH THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2820 VIRIDIAN DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN -YEAR REAL PROPERTY TAX ABATEMENT FOR CBK LAND DEVELOPMENT LLC 14 -90 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1203 NORTH NOTRE DAME AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MICHAEL SEAMON 14 -92 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 3226 E. JEFFERSON BOULEVARD, SOUTH BEND, INDIANA 14 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP, RAINBOW CHILD ANNEXATION AREA 14 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING CERTAIN DECLARATORY RESOLUTIONS AND AMENDMENTS TO THE DEVELOPMENT PLANS FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA, THE NEAR NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA, AND THE SOUTHSIDE DEVELOPMENT AREA ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 14 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROPOSING THAT A STUDY COMMISSION BE ESTABLISHED TO STUDY CURRENT TIF ECONOMIC DEVELOPMENT POLICES AND PROCEDURES 14 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROPOSING THAT THE UNIVERSITY OF NOTRE DAME BE FORMALLY INVITED TO EXPLORE MORE CREATIVE OPTIONS FOR IT TO BE A KEY FINANCIAL PARTNER WITH THE CITY OF SOUTH BEND IN THE DEVELOPMENT, CREATION AND SUSTAINABILITY OF A VIABLE CITY -WIDE MODEL ON CRIME PREVENTION FOR OTHER MUNICIPALITIES THROUGHOUT THE COUNTRY TO EMULATE 14 -100 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOGNIZING THE 2ND MONDAY OF OCTOBER AS INDIGENOUS PEOPLES DAY ALSO TO BE KNOWN AS NATIVE AMERICANS DAY 10. BILLS, FIRST READING RTT.T. TOO 59 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 6 -37.1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING VACANT BUILDING MAINTENANCE AND REGISTRATION 60 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 12 OF CHAPTER 13 OF THE SOUTH BEN MUNICIPAL CODE ADDRESSING CHRONIC PROBLEM PROPERTY REGULATIONS 11. UNFINISHED BUSINESS A. REPORTS FROM AREA PLAN COMMISSION 1. BILL NO. 47 -14 - AMEND CHAPTER 21 - DEFINITION OF ACCESSORY STRUCTURES 2. BILL NO. 48 -14 - AMEND CHAPTER 21 - NEW SUBSECTIONS RELATIVE TO THE OUTDOOR DISPLAY AND SALES OF AUTOMOBILES 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. LAWRENCE P. MAGLIOZZI F]P. C U'I'IVF I) I R I:C I'OR AREA PLAN COMMISSION OF ST. JOSEPH C(DUNTY, IN 227 W. JEFFERSON BLVD., .BOOM 1140 COLIN "1'Y "CI "rY BUILDING, .SOU I BEND, INDIANA 46601 (574) 23S.9S71 Wednesday, September 17, 2014 "S\) t � � 6r1 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 ql,-- _ RE: A proposed ordinance of Rainbow Rascals South Bend LLC to zone from R: Single Family District (County) to O Office District (City) property located at 17316 & 17288 State Road 23, City of South Bend - APC# 2716 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of Rainbow Rascals South Bend LLC was legally advertised on Thursday, September 04, 2014 and that the Area Plan Commission at its public hearing on Tuesday, September 16, 2014 took the following action: Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried, the proposed ordinance of Rainbow Rascals South Bend LLC to zone from R: Single Family District (County) to O Office District (City), property located at 17316 & 17288 State Road 23, City of South Bend, is sent to the Common Council with a favorable recommendation. State Road 23 is a heavily traveled road connecting South Bend and Granger. There are several non - residential uses at the intersection of State Road 23 and Douglas Road. The uses allowed in O Office District are appropriate and compatible to the existing surrounding uses. 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. Since y, Lawrence P. Magliozzi Attachment CC: Rainbow Rascals South Bend LLC Northpoint Engineering & Surveying, Inc. 4014 g SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W.STIOSEVXCOU NTYIN DIANA, COM /area PI an Std Reoort 9/5/2014 APC # 2716 -14 Owner: Rainbow Rascals South Bend LLC Location: 17316 & 17288 State Road 23 Jurisdiction: City of South Bend Public Hearing Date: 9/16/2014 Requested Action: The petitioner is requesting a zone change from R: Single Family District (County) to O Office District (City) and one variance. Land Uses and Zoning: On site: On site are two houses, set to be demolished. North: To the north is a single family home zoned R: Single Family District (County). East: To the east is a single family home zoned R: Single Family District (County) and Memorial Home Care zoned CB Community Business District (City). South: To the south is a bank zoned C: Commercial District (County) and vacant land zoned CB Community Business District (City). West: To the west is the Foundation Center with various medical offices zoned B: Business District (County). District Uses and Development Standards: The O - Office District is established to promote the development of: general office uses and complexes; professional health care uses and complexes; limited public and semi- public uses; and, other uses which are generally compatible in physical appearance and service requirements to office uses. The potential for the development of multifamily dwellings is also provided. The O District is intended for areas with easy access and high visibility from primary transportation routes. Site Plan Description: The building is approximately 10,000 square feet. There are 33 parking spaces. The petitioner is seeking a variance from the required 15' parking setback to 10'. Type A: Open landscaping is shown along State Road 23, the south, and the southern half of the eastern boundary, adjacent to the commercial uses. Type B: Partial Screening is shown along the north and northern half of the eastern boundary, adjacent to residential. Parking screening is shown along State Road 23 and adjacent to residential. Foundation landscaping, parking islands, and dumpster screening are also shown. Access is shown across from the existing entry into the Foundation Center. However, the final driveway must be approved by INDOT. Zoning and Land Use History And Trends: The northeast comer of Douglas and State Road 23 was originally rezoned in 1985, and addition property in 1994 to allow for parking expansion. Foundation Center was rezoned in 1986. Memorial Home Care to the east was annexed in 2002 and rezoned in 2005. The APC 4 2716 -14 Page 1 of 3 .1 9/5/2014 vacant commercial property to the south was annexed and rezoned in 2007. The bank at the southeast comer of Douglas and State Road 23 was rezoned in 2009. There have been several zonings to O /B: Office Buffer District along State Road 23 between Douglas and the Toll Road over the past 10 years. Traffic and Transportation Considerations: State Road 23 is a 4 lane road with a center turning lane. Utilities: The site will be served by municipal water and sewer. Agency Comments: The Department of Community Investment notes rezoning to office is consistent with the general character of the area and would provide a logical transition from the commercial and office uses to the residential uses. The property meets the requirements for annexation, being 25% contiguous to existing City limits. They also commented on additional landscaping, the width and placement of the driveway, and relocating the building in an effort to place the parking at the original 15' setback. The Health Department has no comment since it is connecting to utilities. The City Engineer identifies the nearest sanitary sewer being located in Douglas Road. It is the developer's financial responsibility to make the connection to a public sewer. A drainage plan is required. No public storm sewer is available to the site. The developer will be required to create an erosion control plan and obtain a permit. INDOT has approved the design of the driveway but are still considering placement. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with the Comprehensive Plan for South Bend and St. Joseph County (April 2002) Goal 2: Objective B: Locate employment uses in such a manner that conflicts with the residential land uses are minimized. Land Use Plan: The future land use map makes no specific recommendation for State Road 23 between Ironwood Drive and the Indiana Toll Road. Plan Implementation /Other Plans: The future land use map in City Plan, South Bend Comprehensive Plan (November 2006) identifies areas not in the City at that time as low density residential. Since that plan, the three parcels to the south have been annexed and rezoned to CB Community Business District. 2. Current Conditions and Character: The intersection of Douglas and State Road 23 has a range of uses in the City of South Bend and unincorporated St. Joseph County. APC # 2716 -14 Page 2 of 3 Staff Report 3. Most Desirable Use: 9/5/2014 The most desirable use for properties along State Road 23 is to allow a gradual transition to business uses while still protecting surrounding residential properties. 4. Conservation of Property Values: With proper buffering to the north and east, the residential property value should not be affected. 5. Responsible Development And Growth: It is responsible development and growth to decrease the intensity of zoning from the intersection of State Road 23 and Douglas Road, between commercial and residential uses. Staff Comments: This is a combined public hearing, which includes a rezoning and one variance. The Commission will forward the rezoning to the Council with or without a recommendation and either approve or deny the variances. The petition to rezone this property also includes annexation. The rezoning is from R: Single Family District (County) to O Office District (City). The variance is from the required 15' front parking setback to 10'. The triangular shape of the lot presents practical difficulties on how the lot can be laid out. It is the staffs opinion that the proposed placement of the parking area, building, and play area is optimized for this site. State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved. These standards are attached and made part of the staff report. Recommendation: Based on information available prior to the public hearing the staff recommends the petition be sent to the Common Council with a favorable recommendation. The staff recommends approval of the front yard parking variance, subject to the approval of the rezoning. Analysis: State Road 23 is a heavily traveled road connecting South Bend and Granger. There are several non - residential uses at the intersection of State Road 23 and Douglas Road. The uses allowed in O Office District are appropriate and compatible to the existing surrounding uses. Filed 1 t [U14 CITYCLEr,K, sE:' -Ji: ;`iEVD,N APC # 2716 -14 Page 3 of r � i o � i%4 .=•a:,:.s,� -A � rte!° r ' - ).. V. -. "i• a. '`� I. _,may 1I J Af '155 ni ,� �� 4 f btu( � }+�,.�� '�� / :�.. �r _' , ti^• C� a �� ..: r' E� pJ YN } -`•A4A .�..1Y'YKM 'YFI}Y -F �.L' r- '>ri -_..�� 1 Y ] } n 5f { �a �`�..fi._ _ -'}��f �r.> 6'.' •" 7�— .. .. Pr .....��! 3��Oi'ix..�SR . 7�1�7 a ire ''* - ati� ,+s.. r�.� y� -- _. � ` �§''• .rte I11` � �I ';a Jv IPA rc Via.'' �� f _:.. �( �t° <.) pc� Yy � "� yl• � � �� ,. Sd..'�.�i� 9 a`a.�..! �r7fY i S�. r(• 1� ! :.i.'ef1µ.'.^�t��T ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4, RAINBOW CHILD DEVELOPMENT, 17316 & 17288 STATE ROAD 23, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 2.65 acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed and zoned. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district of this territory THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one -eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: Part of the Southwest Quarter of the Southeast Quarter of Section 29, Township 38 North, Range 3 East located in St. Joseph County, Indiana described as follows: Commencing at the Southeast Corner of said Quarter Quarter Section thence North 00 degrees 17 minutes 29 seconds East along the East Line of said Quarter Quarter Section 200.00 feet to the Point of Beginning of the herein described parcel; thence North 90 degrees 00 minutes 00 seconds West 197.64 feet; thence North 00 degrees 00 minutes 00 seconds East 80.00 feet; thence North 90 degrees 00 minutes 00 seconds West 143.66 feet to the eastern right -of -way of State Road 23; thence continuing North 90 degrees 00 minutes 00 seconds West 123.62 feet to the western right -of -way of State Road 23; thence North 43 degrees 16 minutes 41 seconds East along last said right -of -way 430.58 feet; thence South 89 degrees 04 minutes 26 seconds East 121.78 feet to the eastern right -of -way of State Road 23; thence continuing South 89 degrees 04 minutes 26 seconds East 49.97 feet; thence South 00 degrees 17 minutes 29 seconds West along said east line 390.71 feet to the Point of Beginning containing 2.65 Acres more or less. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION II1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the above described real estate, with the exception of all adjacent rights -of -way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as O Office District provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day 2 , at o'clock . m. Approved and signed by me on the at o'clock .m. 1 -I READING PUBLIC HEARING 3 rd READING 'OT APPROVED ,RED ,3ED- City Clerk day of 2 , Mayor of the City of South Bend!, --- - M 1 r' ZU14 Clf"V Cot PETITION FOR ANNEXATION AND ZONING PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE QTY OF SOUTH BEND, INDIANA I (We) the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in Clay Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: t) I am the owner(s) (hereinafter "petitioner" or "petitioners ") of a parcel of land more particularly described in Exhibit "A ". 2) Petitioner(s) desire(s) that the parcel be annexed to the City of South Bend, Indiana, by proper ordinance. g) This Petition is signed by one hundred percent (loo %) of the owners of the land in the territory sought to be annexed. 4) The property sought to be annexed and rezoned is located at: 17316 & 17288 ST RD 23 5) The Property Tax Key Number: 71- 04 -29- 455- 002.000 -003 & 71-04-29- 455- 001.000- 003 6) The name and address of the property owner(s) of the petition site is /are: PROPERTY 23, LLC —15138 Stansbury Court, Granger, IN 46530 7) The name and address of the contingent purchaser(s), if applicable: Rainbow Rascals South Bend LLC —1732 Crooks Road, Troy Michigan, 48084 — 248 -519 -1950 8) The parcel is 1.76 acres in size and currently has the following use(s) on it: Residential 9) The number of people currently residing on the property: One Residential House is vacant with the second residence having two people. io) It is desired and requested that the petition site be rezoned From St. Joseph County zoning classification: R Single Family To City of South Bend zoning classification: O -- Office for the following use(s): Day Care 11) The anticipated "build -out' year for the project: 2015 12) The proposed number of lots: One overall parcel containing 1.76 Acres 13) The proposed miles of new roadways: 0 14) The following information has been submitted with the Petition: 1. a legal description of the property, titled as Exhibit `A" 2. a list of names and addresses of all property owners, along with the tax key numbers, for all properties within 300 feet of the petition property; 3. seventeen (17) site plans; 4. addressed, stamped envelopes for all property owners within 300 feet of the petition property. 15) The si nature(s) of all property owner(s), or Attorney for all property owner(s) Signed:, . Address: 5ti25s mA?,e t-AN LAD 1. 1 � r. 16) Future Property Owner: Rainbow Rascals South Bend LLC Phone Number: `)I -1 qD4 8441 Phone Number: 1732 Crooks Road, Troy Michigan, 48084 — 248 -519 -1950 - Pfenton nrainbowccc.com Future Property Owner's Representative Donna Jo Smithers — Northpointe Engineering & Surveying, Inc. 6125 South East Street, Suite B, Indianapolis, IN 46227 317- 721 -0031 (Direct) donna @npes.biz Filed in @ark's F „!!.; ? 2914 +it'Jkti p�'i'itr ibi4 CITY CLERK, SOUTH SEND, IN EXHIBIT "A" DESCRII'TION Part of the Southwest Quarter of the Southwest Quarter of Section 29, Township 38 North, Range 3 East located in St. Joseph County, Indiana described as follows: Commencing at the Southeast Corner of said Quarter Quarter Section thence North 00 degrees 17 minutes 29 seconds East along the East Line of said Quarter Quarter Section 200.00 feet to the Point of Beginning of the herein described parcel; thence North 90 degrees 00 minutes 00 seconds West 197.64 feet; thence North 00 degrees 00 minutes 00 seconds East 80.00 feet; thence North 90 degrees 00 minutes 00 seconds West 143.66 feet to the eastern right -of -way of State Road 23; thence North 43 degrees 16 minutes 41 seconds East along said right -of -way 427.88 feet; thence South 89 degrees 04 minutes 26 seconds East 49.97 feet; thence South 00 degrees 17 minutes 29 seconds West along said east line 390.71 feet to the Point of Beginning containing 1.76 Acres more or less. JUL ;1'4 I CITY CLERK, s %:U t ? SEND, IN I i Adjoiner's Exhibit 19 20 I` I i y i tS 7 i I 21 ioi er" CITY CLEW , Cherokee Dnv� i i 2 i I I I I L_ W 11 BEND, IN I� u 6-a s _,y ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first E/W alley South of Colfax Avenue from LaFayette Blvd. to the first N/S alley. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I: The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The first East/West alley South of Colfax Avenue from the East right of way of line of LaFayette Blvd. to the first North /South alley for a distance of 165 feet and a width of 10 feet. Being a part of Knoblock's Subdivision and a Part of the Original Plat of South Bend, City of South Bend, Portage Township, St. Joseph County Indiana. hereby determines that it is desirable to vacate said property. SECTION II: The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION III: The following property may be injuriously or beneficially affected by such vacating: 018 - 1012 -0475 018 - 1012 -0474 018 - 1012 -0471 018 - 1012 -0473 SECTION IV: The purpose of the vacation of the real property is The alley has been paved and used for parking for many years. Colfax Place Associates owns the four (4) abutting parcels and maintains the area designated as an alley for parking. SECTION V: This ordinance shall be if full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk (L-(A�. Delve Member of the Common Ccoficil sA a; id 1dN�Nadb:t ,: ...; .,..J ice.... • o Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20_, at o'clock . m. Approved and signed by me on the o'clock — M. : kl',D.:2G l d -t 3-1 Y FU'"' :C ! ",`,, ":NG 3 rd FEADhNG NOl APPROVtO PASSED City Clerk day of , 20_, at Mayor, City of South Bend, Indiana Filed In 0,4r-Ws Off Ice GC(; -� 101 JOHN VOW-102 CITY CLERK, SOUTH BEND, IN PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: /0 vp I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: &Pq a par+ of CmbloWs &bdui Send, U? of &A &M, Porl-age B. THE STREET DESCRIBED AS: NAME (signed & printed) OALY TEA son and a. Peat -ruvn shi p, '1�4 ADDRESS zz, kaAye f f c RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455- COUNTY -CITY BUILDING SOUTH BEND, IN 46601 574 - 235 -9221 • of -the Grrg(nal Plaf of &ufh Joseph. �ounfy,.T.rldiana, . LOT # CONTACT PERSON (S) NAME: —F w &K r ADDRESS: ZVI S, Mak S+I- 4 PHONE: - 04d in CM-d 2014 CITY CLEFW SgyJTi ESEN®,IN ) \Q \q) . 9# m 2/\ ) \{ m &Q /\ // / ! !� 00 040 !g! , do ` !! r�N 018 -1008 N ° o � I N O 0 w 0 e 0 8 -0300 Colfax Ave 8 -0316 9 I I 018.1008 Washington St m ^ o s c017003 6 -0178 9 LEGAL DESCRIPTION: I� V/ _Z Q N N m 0 W 018.3006 Filed to :,;: 'office ucr�� I JOHN "DE _J CITY CLERd:, Soutw SEND, IN The alley to be vacated is the first East /West alley South of Colfax Avenue from the East right of way of line of LaFayette Blvd. to the first North /South alley for a distance of 165 feet and a width of 10 feet. Being a part of Knoblock's Subdivision and a Part of the Original Plat of South Bend, City of South Bend, Portage Township, St. Joseph County, Indiana. c a° 2 -0446 0 0 - ci A 044601 -0466A 8 -0296 8 -0304 018 -1008 %0 2 -0447 ° ^ 18.1002 o 0 N 0 9 � ° - 018 -1023 2 -0448 018.1008 e^, ^� o o � 018.1012 o fO io W 2 -0449 !I r�N 018 -1008 N ° o � I N O 0 w 0 e 0 8 -0300 Colfax Ave 8 -0316 9 I I 018.1008 Washington St m ^ o s c017003 6 -0178 9 LEGAL DESCRIPTION: I� V/ _Z Q N N m 0 W 018.3006 Filed to :,;: 'office ucr�� I JOHN "DE _J CITY CLERd:, Soutw SEND, IN The alley to be vacated is the first East /West alley South of Colfax Avenue from the East right of way of line of LaFayette Blvd. to the first North /South alley for a distance of 165 feet and a width of 10 feet. Being a part of Knoblock's Subdivision and a Part of the Original Plat of South Bend, City of South Bend, Portage Township, St. Joseph County, Indiana. 018 - 1008 -0317 018 - 1012 -0475 018 -1008 -0330 018 -1012 -0476 018 -1008 -0319 018- 1012 -0473 018 - 1008 -0315 7 INPUyla_I MAILINGADD MAILINGCIT 71 -08 -12 -110- COYNE MARY✓ 1428 Hamilton Av Cleveland 017.000 -026 INVESTMENTS CEOL MOR INC 126 S Scott St S South Bend 46601 LLC 46614 IN 71 -08 -12 -110- COLFAX PLACE ✓ c/o Holladay South Bend 012.000 -026 ASSOCIATES 11 Properties WARDENS AND LP 018 - 1008 -0331 VESTRYMEN OF 71 -08 -12 -111- INDIANA LAND/ 108 N Main St Ste South Bend 002.000 -026 TRUST 108 -118 710 0 ST JAMES v' 111117N S 71 -08 -12 -110- X VALLEY ✓ PNC BANK % Chicago 013.000 -026 AMERICAN NATIONAL TAX EPISCOPAL BANK & TRUST SEARCH CHURCH NOTE CO. % NATIONAL 7I 08 1 018- 1008 -0320 71 -08 -12 -110- CITY CORP South Bend IN 46634 ATTN: DON MAIN STREET PATTON LAND TRUST 71 -08 -12 -110- ,� 113- 117NORTH,' Po Box11545 South Bend 019.000 -026 MAIN STREET IL 60601 014.000 -026 LAND TRUST 71 -08 -12 -110- COLFAX PLACE c/o Holladay South Bend 004.000 -026 ASSOCIATES 11 Properties CO %NATIONAL LP 018 - 1008 -0315 7 71 -08 -12 -110- S SIMERI LAURA L ✓24989 Layton Road S South Bend 46601 010.000 -026 46601 IL 018- 1008 -0316 7 71 -08 -12 -110- C CEOL MOR INC 126 S Scott St S South Bend 46601 011.000 -026 46614 IN 018 -1012- 045801 7 71 -08 -12 -109- 0 0 RECTOR ✓ 117 N Lafayette S South Bend 008.000 -026 W WARDENS AND 018 - 1008 -0331 VESTRYMEN OF INDIANA LAND / 108 N Main Suite South Bend IN 46601 ST JAMES 005.000 -026 018 -1012 -0459 7 71 -08 -12 -109- 0 0 ST JAMES v' 111117N S South Bend 71 -08 -12 -110- 009.000 -026 P PROTESTANT Lafayette BI IN 46617 003.000 -026 EPISCOPAL CHURCH NOTE 018- 1008 -0321 7 7I 08 1 018- 1008 -0320 71 -08 -12 -110- MAIL MAILINGZIF OH 44114 IN 46601 IN 46601 IL 60601 IN 46634 IN 46601 IN 46614 IN 46601 IN 46601 IN 46601 - 10- v, TOWER AT 5 -44 47th Ave Long Island City NY 11101 021.000 -026 WASHINGTON - SQUARE LLC THE 018 -1008- 033003 71 -08 -12 -I11- INDIANA LAND/ 108 N MAIN ST South Bend IN 46601 004.000 -026 TRUST #11298 STE 711 018 - 1008 -0331 71 -08 -12 -111- INDIANA LAND / 108 N Main Suite South Bend IN 46601 005.000 -026 TRUST 108/801 711 018 -1012 -0472 71 -08 -12 -110- S M CHRISTE LLC4304 Leeper Ave South Bend. IN 46617 003.000 -026 SEE TRANSFER NOTE 018- 1008 -0320 71 -08 -12 -110- -* 113 -117 NORTH Po Box 11545 South Bend IN 46634 020.000 -026 MAIN STREET LAND TRUST 018 -1012 -0477 71 -08 -12 -110- X VALLEY PNC BANK % Chicago IL 60601 014.000 -026 AMERICAN NATIONAL TAX BANK & TRUST SEARCH CO %NATIONAL CITY CORP ATTN: DON PATTON 018 -1012- 047701 71 -08 -12 -110- V TOWER AT 5 -44 47th Ave FL3 Long Island City NY 11101 015.000 -026 WASHINGTON Pagel of3 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 Tim Baker Holladay Corporation 227 S. Main Street South Bend, IN 46601 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS April 22, 2014 PHONE 5741235 -9251 FAx 574/235 -9171 RE: Alley Vacation — The First East/West Alley South of Colfax Avenue from Lafayette Boulevard to the First North/South Alley (Preliminary Review) Dear Mr. Baker: The Board of Public Works, at its April 22, 2014, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community Investment, Fire Department, Police Department, and the Solid Waste Division. The following comments and reconunendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley. You will need an executed Cross Access Agreement with all affected property owners. Please contact Tony Molnar at (574) 235 -9254 prior to picking up your radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Linda M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office GARY A. G1 LOT DAVID P. RELOS KATHRYN E. RODS PATRICK M. HRNTHORN BRIAN J. PAWLowsx1 UiN & p� p,.i�lj� o r, a INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 4/2/2014 TO: Corbitt Kerr, Engineering �ZAndre Price, Solid Waste itin Kain, Community Investment Federico Rodriguez, Fire Department ✓John Byorni, Area Plan Commission (ibyorni(aDco.st- ioseph.in.us or 235 -9813 fax) Gene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (pmgriffin6a nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION APPLICANT: Holladay Corporation 1S1L•iilIeI.A DATE DUE: FAX OR E -MAIL TO: The First East/West Alley South of Colfax Avenue from Lafayette Boulevard to the First North South Alley April 7,2014 235 -9171 / Imartin(cDsouthbendin.gov PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36- 7 -3 -13 CRITERIA: 1. The vacation would /would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would /would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would /would not hinder the public's access to a church, school or other public building or place. 4. The vacation would /would not hinder the use of a public right -of -way by the neighborhood in which it is located or to which it is contiguous. COMMENTS: By Date Dawn Pulliam From: Andre Price Sent: Wednesday, April 02, 2014 11:45 AM To: Dawn Pulliam Subject: RE: Request for Recommendation - Alley Vacation - Holladay Corporation Dawn, this will not impact trash collection. Andre From: Dawn Pulliam Sent: Wednesday, April 02, 2014 11:31 AM To: Patrick C. Kerr; Andre Price; Jitin Kain; Federico Rodriguez; Eugene Eyster; Cheryl Greene; ibvorni0co.st- bi seoh.in.us; 12mgriffin2nisource.com Cc: Linda Martin Subject: Request for Recommendation - Alley Vacation - Holladay Corporation Please provide your recommendations. Dawn Pulliam From: Sent: To: Subject: Approved S.B.F.D Federico Rodriguez Wednesday, April 02, 2014 12:26 PM Dawn Pulliam RE: Request for Recommendation - Alley Vacation - Holladay Corporation Federico (Chico) Rodriguez Fire Marshal Office: (574) 235 -7564 Mobile: (574) 876 -6734 1222 S. Michigan Street City of South Bend, In 46601 frodrigu@southbendin.gov From: Dawn Pulliam Sent: Wednesday, April 02, 2014 12:18 PM To: Federico Rodriguez Subject: RE: Request for Recommendation - Alley Vacation - Holladay Corporation Tony Molnar said no he does not think so. From: Federico Rodriguez Sent: Wednesday, April 02, 2014 12:14 PM To: Dawn Pulliam; Patrick C. Kerr; Andre Price; )!tin Kain; amgrMa @nisource.com Cc: Linda Martin Eugene Eyster; Cheryl Greene; ibyorniCaco st- Joseph in us; Subject: RE: Request for Recommendation - Alley Vacation - Holladay Corporation Is this alley Columbus Court. Federico (Chico) Rodriguez Fire Marshal Office: (574) 235 -7564 Mobile: (574) 876 -6734 1222 S. Michigan Street City of South Bend, In 46601 frodrigu@southbendin.eov From: Dawn Pulliam Sent: Wednesday, April 02, 2014 11:31 AM Dawn Pulliam From: Patrick C. Kerr Sent: Friday, April 04, 2014 10:39 AM To: Dawn Pulliam Subject: RE: Request for Recommendation - Alley Vacation - Holladay Corporation No objections. It meets IC 36- 7 -3 -13 Criteria 1 -4 'NOV ++r a + Patrick Corbitt Kerr, PhD, PE � City Engineer (574) 235 -5931 .5 12ckerr@southbendin.gov City of South Bend r"` 227 W. Jefferson Blvd. South Bend, IN 46601 From: Dawn Pulliam Sent: Wednesday, April 02, 2014 11:31 AM To: Patrick C. Kerr; Andre Price; )itin Kain; Federico Rodriguez; Eugene Eyster; Cheryl Greene; ibyorni(@co.st- joseph in us; pmoriffin@nisource.com Cc: Linda Martin Subject: Request for Recommendation - Alley Vacation - Holladay Corporation Please provide your recommendations. a INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 412/2014 TO: Corbitt Kerr , Engineering Andre Price, Solid Waste Jilin Kain, Community Investment Federico Rodriguez, Fire Department John Byorni, Area Plan Commission (ibyorniaco.st- ioseph.in.us or 235 -9813 fax) Gene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (pmgriffinPnisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION APPLICANT: Holladay Corporation LOCATION: The First East/West Alley South of Colfax Avenue from Lafayette Boulevard to the First North South Alley DATE DUE: April 7,2014 FAX OR E -MAIL TO: 235 -9171 / Imartinpsouthbendin.gov PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36- 7.3 -13 CRITERIA: 1. The vacation would /would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would /would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation world /would not hinder the public's access to a church, school or other public building or place. 4. The vacation weutd /would not hinder the use of a public right -of -way by the neighborhood in which it is located or to which it is contiguous. COMMENTS: The preferred way to combine property is through the subdivision process. By Christa Hill, Planner ' Date 4/3/2014 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EASTIWEST ALLEY NORTH OF LINCOLNWAY WEST FROM THE WEST RIGHT OF WAY LINE OF ELMER ST. TO THE FIRST NORTH /SOUTH ALLEY STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EASTNVEST ALLEY NORTH OF LINCOLNWAY WEST FROM THE WEST RIGHT OF WAY LINE OF ELMER ST. TO THE FIRST NORTH /SOUTH ALLEY hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: LOT # 018 - 2091 -3432 & 018 - 2091 -3433 & 018 - 2091 -3421 SECTION IV. The purpose of the vacation of the real property is to connect my properties together so that I can expand my parking area. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk C��u,,,-s 64V�-1 V� Member of the Common Courifil Sv Counclla Presented by me to the Mayor of the City of South Bend, Indiana on the day of r , 2 , at o'clock . M. Deputy City Clerk Approved and signed by me on the day of , 2 , at o'clock . M. I st RtypMG `o —k3 ^�� PUBLIC HEARING 3 rid READING NOT APPROVIO REFERRED PASSED Mayor, City of South Bend, Indiana .N F I I e lay 15:z k' lflCe M4 JOHN VoVqDFC ,CITY CLERIC, SOUTH SEND, IN Vassar Ave 018 - 2031 -1014 k`s Office 'YT -8 20 44 LEGAL DESCRIPTION The alley to be vacated in the first East/West alley North of Lincolnway West from the West right of way line of Elsner St to the first North/South alley for a distance of 129.9 feet and a e width of 14 feet. Being a part of Mayr's Michigan Avenue Addition, City of South Bnd, Portage Township, St. Joseph County, Indiana. 018- 2091 -3405 018- 2091 -3406 018 - 2091 -3407 018 - 2091 -340 018- 2091 -3411 018- 2091 -3410 018 - 2091 -3413 018 - 2091 -3414 018 -20 -3415 r 018 - 2091 -3417 018 - 2091 -3418 018- 1 -341 Q ^y0 018 - 2091 -3422 G 018 - 2091 -3421 125) 8P 018 - 2091 -3424 m °m y £ N I? o 8 -2091 -3433 W W O c � O ° '°`,j m 018- 2091 -3426 c2 o < ? 0 m N �' a m o m y m m o rn N O � N O O O � M m M O O m N N R W d' M 0 o m III\ 0 N t�c014 way 018 - 2031 -1014 k`s Office 'YT -8 20 44 LEGAL DESCRIPTION The alley to be vacated in the first East/West alley North of Lincolnway West from the West right of way line of Elsner St to the first North/South alley for a distance of 129.9 feet and a e width of 14 feet. Being a part of Mayr's Michigan Avenue Addition, City of South Bnd, Portage Township, St. Joseph County, Indiana. PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: L'V —7 ( I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: l� 4 �)� � - )— (L.10 Y'� Y- t - 0�— W24(Vn, &-�7 C--1 ,,rs�., B. THE STREET DESCRIBED AS: NAME (signed & printed) ADDRESS fi LOT # Updated 6/22/12 5 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455 - COUNTY -CITY BUILDING SOUTH BEND, IN 46601 574 - 235 -9221 CONTACT PERSON (S) NAME: Bettie Williams ADDRESS: 2301 Lincoln Way West South Bend, IN 46628 PHONE: 574 - 288 -5891 Filed ► X's Office w"T�-� 2A14 CITY CLERIC, SOU e H BEND, IN r v v° 4 N r N n N n n N n n O N O N n N N O O O N N w 5 r Z J Z z J Z Z J z Z Z J Z Z Z Z z Z Z Z Z U Z N m m m m y m ! Y O Y N Y N L« d) .L.• N L L r « .L.• L L D L J O J L O 0 L O N 0 J C J L J 'C J J 7 N 3 O Y O U Y O U Y L O O W O U O O O O O O O m O N f7 Z U) In to f7 w LL M MO v 0 p n y C T> m` i 1316 COUNTY -CITY BUILDING 227 W. J=RSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 Ms. Bettie Jo Williams 2301 Lincoln Way West South Bend, IN 46628 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS September 9, 2014 PHONE 574/235 -9251 FAx 574/235 -9171 RE: Alley Vacation —First East/West Alley North of Lincolnway West on Elmer (Preliminary Review) Dear Ms. Williams: The Board of Public Works, at its September 9, 2014, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community Investment, Fire Department, Police Department, and the Solid Waste Division. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of public right of way by the neighborhood in which it is located or to which it is contiguous. Area Plan also commented that should you plan to expand the parking to Lot 23 (across the alley), a Special Exception Use will be needed for Accessory Parking in the SF2 District. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley. rlease contact i Ony D7olnar at (5 /4) 1J5 -9154 prior to nickinH UA your radius map. You will need a radius map showing properties within 150' ofthe proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Linda Martin, Clerk �O iee c: Federico Rodriguez, Fire Department piled Tony Molnar, Engineering �01 Janice Talboom, City Clerk's Office 1 ,IHI+ °40'; r, 5f."% 1N CITI Ctoa, sot, — - -� GARYA. GILOT DAVID P. RELOs KATHRYN E. Roos PATRICK M. H13NTHORN BRIAN J. PAWLOWSKI urn , ,irlrp r% ie r• INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS �r �)R NStErt73 DATE SENT: 811912014 TO: le Jitin Kain, Community Investment JFederico Rodriguez, Fire Department harry Magliozzi, Area Plan Commission (Imaglioz(a)co.st- ioseah.in.us or 235 -9813 fax) \/Gene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO ( m riffin (&nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION APPLICANT: Bettie Jo Williams LOCATION: First E/W Alley North of Lincoln Way West on Elmer DATE DUE: FAX OR E -MAIL TO: August 19, 2014 235 -9171 / Imartin(a)southbendin.aov PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36- 7 -3 -13 CRITERIA: 1. The vacation would /would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would /would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would /would not hinder the public's access to a church, school or other public building or place. 4. The vacation would /would not hinder the use of a public right -of -way by the neighborhood in which it is located or to which it is contiguous. COMMENTS: By Date Elizabeth Horvath From: Eugene Eyster Sent: Tuesday, August 19, 2014 2:39 PM To: Elizabeth Horvath; Andre Price; Jitin Kain; Federico Rodriguez; Cheryl Greene; Imaglioz @co.st joseph.in,us; pmgriffin @nisource.com Subject: RE: Alley Vacation- Bettie Jo Williams The Police Department would give this a favorable recommendation. This alley portion has not been maintained in years. Lt. Eyster From: Elizabeth Horvath Sent: Tuesday, August 19, 2014 2:22 PM To: Andre Price; Jitin Kain; Federico Rodriguez; Eugene Eyster; Cheryl Greene; Imaglioz @co.st - joseph.in.us; pmgriffin@nisource.com Subject: Alley Vacation- Bettie Jo Williams Please provide your recommendations. L' Horvatly bepartment of Public Works Part -Time Secretary 227 W. Jefferson Blvd.,Suite 1316 South Bend, IN 46601 574 - 235 -3168 Ihorvath @southbendin.00v Elizabeth Horvath From: Federico Rodriguez Sent: Wednesday, August 20, 2014 1:05 PM To: Elizabeth Horvath Subject: RE: Alley Vacation- Bettie Jo Williams Favorable S.B.F.D. Federico (Chico) Rodriguez Fire Marshal Office: (574) 235 -7564 Mobile: (574) 876 -6734 1222 S. Michigan Street City of South Bend, In 46601 frodrigu @southbendin.gov From: Elizabeth Horvath Sent: Tuesday, August 19, 2014 2:22 PM To: Andre Price; Jitin Kain; Federico Rodriguez; Eugene Eyster; Cheryl Greene; Imaglioz @co.st- joseph.in.us; pmgriffin@nisource.com Subject: Alley Vacation- Bettie Jo Williams Please provide your recommendations. L' Horvath/ Department of Public Works Part -Time Secretary 227 W. Jefferson Blvd.,5uite 1316 South Bend, IN 46601 574 - 235 -3168 lhorvathesouthbendin.00v 1 U �t. vsa INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 8/19/2014 TO: Andre Price, Solid Waste Jitin Kain, Community Investment Federico Rodriguez, Fire Department Larry Magliozzi, Area Plan Commission (Imagtioz(a_)co.st- toseoh.in.us or 235 -9813 fax) Gene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (m riffin nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION APPLICANT: Bettie Jo Williams LOCATION: First EM Alley North of Lincoln Way West on Elmer DATE DUE: August 19, 2014 FAX OR E -MAIL TO: 235 -9171 / Imartin0southbendin aov PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36- 7 -3 -13 CRITERIA: 1. The vacation wetQ /would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation n2tld /would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation weutd /would not hinder the public's access to a church, school or other public building or place. 4. The vacation -wound /would not hinder the use of a public right -of -way by the neighborhood in which it is located or to which it is contiguous. COMMENTS: If the petitioner expands the parking to Lot 23 (across the alley), a Special Exception Use will be needed for Accessory Parking in the SF2 District. By Angela Smith, Planner Date 8/21/2014 Area Plan Commission Linda Martin From: Michael Bronstetter Sent: Monday, August 25, 2014 6:53 AM To: Linda Martin Cc: Elizabeth Horvath Subject: RE: Alley Vacation Linda, This alley vacation will not affect our refuse collection. I recommend this alley vacation. Thanks "'•a Mike Bronstetter a Interim Division Director of Environmental - Services 3113 Riverside Dr. South Bend, Indiana Phone: (574) 235-5795 mbronste( southbendin.eov From: Linda Martin Sent: Friday, August 22, 201410:34 AM To: Michael Bronstetter Subject: FW: Alley Vacation Hi Mike — I've asked my secretary to replace Andre's name with yours on these. You will occasionally receive these requests. The Board of Works needs your feedback on whether this will affect trash pick -up, if the alley is closed. Just a short email back to Lizzy and me stating whether you give a favorable or not favorable recommendation and why if it is not favorable. Thank you. ,yo rr Linda Martin � 4& Executive Assistant and Director �i of Special Projects, Y Clerk of the Boards v - a' (574) 235 -9253 • Irs lmarti!)@southbendin. gov City of South Bend 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 46601 Linda Martin From: Jitin Kain Sent: Thursday, August 28, 2014 12:48 PM To: Linda Martin Cc: Elizabeth Horvath Subject: RE: Alley Vacation Linda, DO gives this one a favorable recommendation. I assume the owner owns the lot to the North because just vacating the alley will only give them about 5' or so which does not allow for a parking lot expansion. Thanks, Atin From: Linda Martin Sent: Thursday, August 28, 2014 9:33 AM To: Jitin Kain Cc: Elizabeth Horvath Subject: FW: Alley Vacation Good morning Jitin — have you had a chance to review the attached? I would like to put it on the agenda but am waiting on your review. Thank you. Linda .np To Linda Martin 01 44 Executive Assistant and Director of Special Projects, a Clerk of the Boards v a' (574) 235 -9253 • lmartini@southbendin.gov City of South Bend 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 46601 Jitin gain �t Director, Planning Hea,' Department of Community Investment (574) 235 -5835 ikain(asouthbendin.eov City of South Bend 227 W. Jefferson Blvd., Suite 1400 S. South Bend, IN 46601 From: Linda Martin Sent: Thursday, August 28, 2014 9:33 AM To: Jitin Kain Cc: Elizabeth Horvath Subject: FW: Alley Vacation Good morning Jitin — have you had a chance to review the attached? I would like to put it on the agenda but am waiting on your review. Thank you. Linda .np To Linda Martin 01 44 Executive Assistant and Director of Special Projects, a Clerk of the Boards v a' (574) 235 -9253 • lmartini@southbendin.gov City of South Bend 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 46601 0�a..00_ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of several Departments of the Civil City of South Bend, Indiana for 2015. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. For the expenses of the Civil City Government, its various Departments, Funds, Commissions, and institutions for the fiscal year ending December 31, 2015, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart out of the Funds hereinafter named, and for the purposes hereinafter specified, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by the laws. SECTION 11. For the fiscal year ending December 31, 2015, there is hereby appropriated out of the General Fund Number 101 and from Funds other than the General Fund, of said City to wit: (20 1) Park and Recreation Fund (202) Motor Vehicle Highway Fund (203) Park Recreation Non - Reverting Fund (209) Studebaker Oliver Reverting Grants (210) Economic Development Grant Fund (21 1) Community Investment Administration Fund (212) Community Investment Grant Fund (216) Police State Seizures Fund (217) Gift, Donation, Bequest Fund (218) Police Curfew Violations Fund (220) Law Enforcement Continuing Education Fund (222) Central Services Fund (224) Central Services Capital Fund (226) Liability Insurance & Premium Reserve Fund (227) Loss Recovery Fund (249) Public Safety Local Option Income Tax Fund (251) Local Roads and Streets Fund (258) Human Rights — Federal Fund (271) East Race Waterway (273) Morris PAC /Palais Royale Marketing Fund (278) Police Take Home Vehicle Fund (289) Hazmat Fund (291) Indiana River Rescue Fund (292) Police Grants Fund (294) Regional Police Academy Fund (295) COPS More Grant Fund (299) Police Federal Drug Enforcement Fund (313) Hall of Fame Debt Service Fund (377) Professional Sports Development Fund (401) Coveleski Stadium Capital Fund (403) Zoo Endowment Fund (404) County Option Income Tax Fund (405) Park Department Non-Reverting Capital Fund (406) Cumulative Capital Development Fund (407) Cumulative Capital Improvement Fund (408) County Economic Development Income Tax Fund (410) Urban Development Action Grant Fund (412) Major Moves Construction Fund (416) Morris Performing Arts Center Capital Fund (434) CREED Fund (450) Palais Royale Historic Preservation Fund (655) Project ReLeaf Fund (677) Hall of Fame Capital Fund (701) Fire Pension Fund (702) Police Pension Fund (705) Police K -9 Unit Fund (711) Self- Funded Employee Benefit Fund (713) Unemployment Compensation Fund (730) City Cemetery Trust Fund SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Coun Attest: City Clerk COundl ac'S'n o # th HS,i'ri.`i, 4y Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2_1 at o'clock .m. Approved and signed by me on the o'clock, —.m. PUBLIC HFA%NG 3rd READING NOT APPROVED REFERRED PASSED City Clerk of ,2 ,at Mayor, City of South Bend, Indiana Filed In Office JoNbi vi. CITYCLERtt, SGU.� Iii "--- ,IN 120ON Coumy- 07y BoiDiNG 227 W. JEFFERSON BLVD. SOUTH BEND, INDJANA 46601 -1830 h4oNE 574/ 235-9216 FAX 574/235 -9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 20, 2014 Mr. Oliver Davis President, South Bend Common Council 4a' Floor, County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Appropriating Monies for the Purpose of Defraying the Expenses of Departments and Funds of the Civil City of South Bend for the Fiscal Year Ending December 31, 2015 Dear Council President Davis: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for civil city expenditures for the fiscal year commencing January 1, 2015 and ending December 31, 2015. This bill is respectively submitted for 15` read filing with the Common Council for the council meeting scheduled for August 25, 2014, 2nd read and public hearing at the council meeting on the September 22, 2014, with 3rd read and council vote at the council meeting on October 13, 2014. This bill will be presented to the Common Council by the Deputy Mayor, Controller, Department Heads and other staff of City Administration as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Respectfully submitted, C Q Jo H. H. M M r� urphy City Controller cc: Mayor Pete Buttigieg Mark Neal, Deputy Mayor Kathryn Roos, Chief of Staff Cristal Brisco, Corporation Counsel Brian Pawlowski, Deputy Chief of Staff Jennifer Hockenhull, Deputy City Controller Filed in ?v.•: 1,r 's Office FAU'S 20 2014 JOHN V/'ORDE CITY CLERK, SCSjiH BEND, IN aro, - n- Ordinance No. Bill No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2015.2016 AND 2017 STATEMENT OF PURPOSE AND INENT The South Bend Common Council, pursuant to Indiana Code § 36- 8 -3 -3, ¶ (d) is charged with establishing before November V% the annual compensation of the South Bend Police Department. On March 5, 2014, Dan Demler, the President of South Bend FOP Lodge # 36 informed the City of their interest to enter into negotiations. Thereafter, the South Bend Common Council and the Board of Public Safety adopted separate Resolutions which designated their respective agents for the negotiations. The City's Advisory Negotiating Team's membership includes Council Member Dr. Fred Ferlic, Council Member Tim Scott, Council Member Karen L. White, Division Chief Scott Ruszkowski, Division Chief Stephen Smith, Division Chief Gary Horvath, City Controller John Murphy, Human Resources Director Janet Cadotte, Board of Public Safety Agent Cory Hamel and Council Agent Kathleen Cekanski Farrand. The Fraternal Order of Police South Bend Lodge No. 36 Negotiating Team's membership includes Sergeant Dan Demler, FOP President; Patrolman ls` Class Harvey Mills, FOP Vice - President; Lieutenant Steve Noonan, Past FOP President; Sergeant Cori Bair; Patrolman l' Class Chad Goben, and Leo T. Blackwell, Legal Counsel. This ordinance reflects the proposals discussed during negotiations and sets forth the recommended salaries and other monetary benefits to be paid to the sworn members of the South Bend Police Department in calendar years 2015, 2016 and 2017. This ordinance is believed to be in the best interests of the Police Department and the best interests of the City of South Bend. w / . /49�.1G//Ye�4 Cld�l��LUd. Section I. Recognition. The South Bend Common Council recognizes the negotiating team which represents the Fraternal Order of Police South Bend Lodge No. 36, as the sole bargaining agent for the sworn members of the South Bend Police Department for purposes of negotiating annual pay, monetary fringe benefits and other monetary items which are addressed in this ordinance, excepting the Police Chief, the Division Chiefs, and the Captains, who are governed by Indiana Code § 36- 8 -1 -12. 2015, 2016, and 2017 South Bend Police Department Salary Ordinance Page 2 Section II. Annual Pay. Annual pay for the sworn members of the South Bend Police Department, including upper level policy making positions defined by Indiana Code § 36- 8 -1 -12 for calendar years 2015, 2016 and 2017 shall be set as follows: Rank 2015 2016 2017 The remainder of this ordinance shall be addressed in a substitute Bill in light of the fact that labor negotiations are continuing. Police Chief Division Chiefs Captains Lieutenants TBD TBD TBD Sergeants TBD TBD TBD Patrolman I't Class TBD TBD TBD Patrolman 2 "d Class TBD TBD TBD Patrolman 3'a Class TBD TBD TBD Section II1. Additional Areas of Compensation. Dl Section IV. Severability. If any part, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. 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. Dr. Fred Ferlic, 4°i District Council Member City Advisory Negotiating Team Member �—� ��e� Z �-- 51 1 tuber City Advisory Negotiating Team Member Karen L. White, Council Member at Large City Advisory Negotiating Team Alternate Member 2015, 2016, and 2017 South Bend Police Department Salary Ordinance Page 3 John Voore, City Clerk ?. ,,, /�/by me to Mark Neal, Deputy Mayor of the City of South Bend, Indiana, on the day of , 2014, at o'clock . m Janice Talboom, Deputy Clerk Office of the City Clerk /- , ..,,. /,.,,, /,j, ><./ by me to Mark Neal, Deputy Mayor of the City of South Bend, Indiana, on the day of 2014, at o'clock . m Mark Neal, Deputy Mayor City of South Bend, Indiana 'i st READB'dG (R-u PUBLIC (',OARING 3rd READING `;T APPROVE iER.ROC2 ,ASSED 5 17 2014 pip JGt . Oliver J. Davis President Derek D. Dieter Vice - President Valerie Schey Chairperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large Karen L. White At Large City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 September 16, 2014 Members of the Common Council 4`h Floor County -City Building - South Bend, Indiana 46601 Dear Council Members: (574) 235 -9321 Fax (574) 235 -9173 http: / /ww .southbmdin.gov As the Council's Agent for this year's police negotiations, I am filing on behalf of the City's Advisory Negotiating Team the attached draft ordinance. In light of the ongoing negotiations with the negotiating team representing the Fraternal Order of Police South Bend Lodge No. 36, a Substitute Bill setting forth the details will be filed at a later date for your review, discussion and approval. Thank you for your continuing assistance. Most sincerely, Kathleen Cekanski Farrand Council's Agent Attachment Filed in Clerk's Office 1 2014 CITY J4 V?�,�( 03 1Y Ordinance No. Bill No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2015 2016 AND 2017 STATEMENT OF PURPOSE AND INENT The South Bend Common Council, pursuant to Indiana Code § 36- 8 -3 -3, ¶ (d) is charged with establishing before November Is', the annual compensation of the South Bend Fire Department. On March 24, 2014, Chris Baker, the Vice - President of South Bend Firefighter's Association informed the City of their interest to enter into negotiations. Thereafter, the South Bend Common Council and the Board of Public Safety adopted separate Resolutions which designated their respective agents for the negotiations. The City's Advisory Negotiating Team's membership includes Council Member Derek D. Dieter, Council Member Gavin Ferlic, Assistant Chief Todd Skwarcan, Assistant Chief Jim Lopez, Battalion Chief "A" Shift Dave Maenhout, City Controller John Murphy, Human Resources Director Janet Cadotte, Board of Public Safety Agent Cory Hamel and Council Agent Kathleen Cekanski Farrand. The South Bend Firefighter's Local Union # 362 Negotiating Team's membership includes Captain Jim Weinberg, Union President; Captain Chris Baker, Union Vice- President, Captain Mike Lagodney, Steward; Captain Russ Buysse, Pump Engineer and 1" Driver Ryan Takacs; and Tim Curran, Legal Counsel. This ordinance reflects the proposals discussed during negotiations and sets forth the recommended salaries and other monetary benefits to be paid to the sworn members of the South Bend Fire Department in calendar years 2015, 2016 and 2017. This ordinance is believed to be in the best interests of the Fire Department and the best interests of the City of South Bend. j/ Al Section I. Recognition. The South Bend Common Council recognizes the negotiating team which represents the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters, AFL -CIO, as the sole bargaining agent for the sworn members of the South Bend Fire Department for purposes of negotiating annual pay, monetary fringe benefits and other monetary items which are addressed in this ordinance, excepting the Fire Chief, the Assistant Fire Chiefs, and the Battalion Chiefs, who are governed by Indiana Code § 36- 8 -1 -12. 2015, 2016, and 2017 South Bend Fire Department Salary Ordinance Page 2 Section II. Annual Pay. Annual pay for the sworn members of the Department, including upper level policy making positions defined by Indiana for calendar years 2015, 2016 and 2017 shall be set as follows: Rank 2015 2016 South Bend Fire Code § 36- 8 -1 -12 2017 The remainder of this ordinance shall be addressed in a substitute Bill in light of the fact that labor negotiations are continuing. Fire Chief Assistant Fire Chiefs Battalion Chiefs Captains TBD TBD TBD Firefighter 1' Class TBD TBD TBD Firefighter 2 "d Class TBD TBD TBD Firefighter 3rd Class TBD TBD TBD Section III. Additional Areas of Compensation. :H Section IV. Severability. If any part, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. 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. Derek D. Dieter, Council Memb r at Large City Advisory Negotiating Team Member Gavin Ferlic, Council Member at Large City Advisory Negotiating Team Member 2015, 2016, and 2017 South Bend Fire Deparunent Salary Ordinance Page 3 John Voore, City Clerk me to Mark Neal, Deputy Mayor of the City of South Bend, Indiana, on the day of 2014, at o'clock . m Janice Talboom, Deputy Clerk Office of the City Clerk by me to Mark Neal, Deputy Mayor of the City of South Bend, Indiana, on the day of 2014, at o'clock . m Mark Neal, Deputy Mayor City of South Bend, Indiana -LL ! ` � t:t READ':I�G PUBLIC HEAfli4� 3 rd READING NOT APPROVID REFERRED. PASSEII Filed i F ftice SEE 15 2014 CITY CLERI ,,, ,aYv "t. °i AFMD, IN Oliver J. Davis President Derek D. Dieter Vice - President Valerie Schey Chairperson, Committee of the Whole Trim Scott First District Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large Karen L. White At Large City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 September 16, 2014 Members of the Common Council 4th Floor County -City Building South Bend, Indiana 46601 Dear Council Members: (574) 235 -9321 Fax (574) 235 -9173 http://www,southbendin.gov As the Council's Agent for this year's fire negotiations, I am filing on behalf of the City's Advisory Negotiating Team the attached draft ordinance. In light of the ongoing interest -based labor negotiations with the negotiating team representing the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters, AFL -CIO, a Substitute Bill setting forth the details will be filed at a later date for your review, discussion and approval. Thank you for your continuing assistance. Most sincerely, Kathleen Cekanski Farrand Council's Agent Attachment Filed yn,_._...__...._. 8, 2014 CITY i 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 2820 Viridian Drive AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MACK TOOL & ENGINEERING, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 2820 Viridian Drive, South Bend, Indiana, and which is more particularly described as follows: Beg. 1242.51' W Ne Cor Se 1/4 Sec 28 -38 -2e On S Line Boland S 293' W 260' N 293' E 260' To Pob 1.75 Ac and which has Key Numbers 025-1010-040029, 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 sue., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et SCE., and South Bend Municipal Code Sections 2 -76, et semc ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community Investment, and the Community Investment Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council V * goi NOT APPROVIO 4 D()P TM Filed in Ci Office 22 '9714] CITY ci-4i-ipt, 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR Council Member Gavin Ferlic, Chairperson October 6, 2014 Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: Mack Tool & Engineering, Inc. Dear Council Member Ferlic: PHONE: 574/235 -9371 FAx: 574/235 -9021 Please find attached the Department of Community Investment's report on a personal property tax abatement petition for the above - referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the acquisition and installation of new equipment as part of the company's planned increase in productive capacity in its facility located at 2820 Viridian Drive. The report contains the Department's findings relative to the above petition. Mack Tool & Engineering, Inc. will be purchasing and installing new equipment. The total project cost for the equipment is estimated at $1,950,000. The project meets the qualifications for a (5) five -year personal property tax abatement and a representative from Mack Tool & Engineering, Inc. will be available to meet with the Committee on Monday, October 27, 2014. 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, Brock Zeeb Director Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAM PAMELA C. MEYER CHRIS FIELDING DONALD E. INKS 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH Benin, RJ 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: Mack Tool & Engineering, Inc. DATE: October 6, 2014 PHONE: 574/235 -9371 FAX: 574/235 -9021 On October 6, 2014 a petition for personal property tax abatement consideration for property located at 2820 Viridian Drive, South Bend, is filed with the City Clerk by Mack Tool & Engineering, Inc. Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY Mack Tool produces precision machined parts for the aerospace and medical industries. Part types include: Surgical Instruments, Hydraulic and Fuel Manifolds, Actuation Cylinders and Pistons, Matched Solenoid Valves, Gear Boxes, and Avionics Housings. Mack Tool relies on CNC Equipment to increase the productivity of its workforce and allow it to be competitive in a global market. Due to the increasing global demand for commercial airplanes, the aerospace industry is projected to more than double in the next five to ten years. In order to grow and stay competitive Mack Tool must continue to invest in equipment. The project cost for the new equipment for two years is $1,950,000. October 6, 2014 Page 2 South Bend Common Council PLANNING NEIGHBORHOOD ENGAGEMLNI BUSINESS DEVELOPMENT ECONOMIC RESOURCES 11TIN KAIN PAMELA C. MEYER CHRIS FIELDING DONALD E. INKS Total taxes to be abated during the (5) five -year abatement period are estimated at $79,349. Total taxes to be paid over five years on the new equipment are estimated at $88,360. EMPLOYMENTIMPACT Per the petition, it is estimated that the total project will: (a) create 35 permanent, full -time and 0 permanent, part-time jobs within the first five years, representing a new annual payroll of $1,456,000 and (b) will maintain 60 existing permanent full -time and 0 (zero) existing part-time jobs representing an annual payroll of $3,000,000 for existing employees. ABATEMENT QUALIFICATION A review of the tax abatements previously granted, finds that the petitioner has been granted or associated with two (2) previous five year personal property tax abatements: 3586 -06 and 3361 -04. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Development Area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year personal property tax abatement under section 2 -84.2, Tangible Personal Property Tax Abatement. M N }I d ON �N N O N ry II v ' o a T °000 N °N o o N NAM 0 o N'� OONMiO UMO� N �+ V d' NO N M m O m MM(O 0 ZF.. D.I cs v v M Or ONiN N C4 L a m o oi C j a m N Sri 0.9 iy y 'rn A a v W % % 0 o M 0000 o «m'v Y xx MO p 000 N ON N �O h MOM D7 n N NI oww-- Nt0 N NtnO M n n c (O OJ �' 10 MO—mm v m CIF N N M N M Q N M (0 M mlo � 0 fa > U a � N v N Ol IR Z N O 0 N C N Y m � m 5 y F- U W W O O O O O N O O o o N 0 0 0 0 o O c N N N K � 0 O O 00 O M ry N 0 0 0 M� cs v v M O O m o oi C j a m N Sri 0.9 ;> 2 > > y 'rn A a v W % % d Y N W co �- «m'v Y 0 y N w y N N« Q ¢ ma Z a 2Z UOU c Q Q w Em U aj v m w vo o°o °°o 0 00 mlo � 0 LO y h � W 0 M .0 Q � a a n n vi a� Y o x C S N m N � m o v 0 0 0 0 'O p Z3 N � d U n A (a Q E v 0 � 3 L O N . R � N fa > U a � N v N Ol IR Z N O 0 N C N Y m � m 5 y F- U W W 0 a N mC O o o m O N o O (O M O O O O O O O X Z N N N K � m Mv. m n W M� v v C' O O N V M M N O C j O N N 0.9 ;> 2 > > y 'rn A a v W % % d Y N W 'pa> N �- «m'v Y 0 W N Q N �+E w y N N« Q ¢ ma Z a 2Z UOU c Q Q w 0 a N mC O o o m O N o O (O M O O O O O O O X Z N N N K � a F N v� 1�m II W M� v v C' N N N' C j O N N N C' ;> 2 > > y 'rn A a v W % % d Y N W 'pa> N �- «m'v Y 0 W N Q N �+E aaaaa y N N« Q ¢ ma Z a 2Z UOU c Q Q E Em U aj v m w T 4 O O O O O O X Z N N N K � a F N v� 1�m II W M� v O O O O O O X N N N K � KX : W C' N' N C' U j m� aaaaa � a� O c N � f T 4 � y h � o � � a a� C S O a N � E •`- x �N 'O p N � d A a � E v � 3 New Project Investments Calendar Year 2014 2015 2016 2017 2018 2019 2020 2021 Full -Time Permanent Indiana Resident Positions by Calendar Year Provide hourly wage information for new employees in the following positions. list the number of full time and part time minority and /or female employees for the last three years: Wh ➢ii WlieYk ih When+ Plefseo — i Pieas�4h h '� Real �royeryTa:es3 4- - ;Iz,u F P�")�upgrtrT� +es ;;fyya,�i...+�a•Y•i �s r- Staff USe Only Please fill out the P.bk Benefit Summary Information and add to the total from above, e �,,ed €i(, t 11-11 s 49 - Oe ✓el'`o;8�'asedton.LZO2a'�Unive st'� s_' .8 eseareh 35 .?Li Acft;eve,a P�hysiral¢Eiement•of a- Plant; 36 ' Sub'to`talProJeci ReliteAt ,� 0 120 6' .3uwr,Sbe brd�ecti loolnlhluei`,rc cumulSthrel - �A. 25 68 - t .ti, get. �.L'bt r .�. .c 400 %a2d 52 - ;rz � Subtal�Skpel,Si:e,Projects.,,'�r = 0 270 .A,v�o'�r.Rbun w17nh,sW` c�uie ✓,r� � ,; P fgOve of dfn r nT i Y r 1.9R,..,a P8 6F •; �;�,:� 14 e: +s� Paf X25- olfE,rz�P COis'�;�M�c 26 >C::a ,„ PayfS�j17�. ofEUte2stpn,�Cost;+�,�,_�G�,ci 39 ea -D.. r.c3"43 a. %�f�E°rt�e�' ilQn COSF��gj�;x,.,s¢��YY{�t^-4__• 52 4P��fo{°�62� x`.01 1�f�(rj�s�`nii.'t 0 re.Relat :, 131 -uum YWt ion`ion e x 3, `,: `:� ..i:_ 291 539 . eta KOMIM fecf o}n , -""se's 0 461 - Tobl PUblkBeneflt POlot% 291 ce j CITY CLERK, si3UPH 8 END, IN STATEMENT OF BENEFITS PERSONAL PROPERTY State Form 51764 (112112 -11) Prescribed by the Department of Local Government Finance CI I FORM SBA IPIP I PRIVACY NOTICE The tail ant arty np•dfw indirkluarn salary information is cgnrgential; the • ^M avY..194 ?g�jy. balance of Ole flingg is puNlcrecord INSTRUCTIONS: L p er IC 6- i.i•72. i•5.1 c)and [d) ' 1. This stafement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and /or research and development equipment and/orlogistice/ disfributi equipment and/or information techno logy equipment for which the person Wishes to calm a deduction. Projects' planned or e"I' an committed to after ✓o/y 1, 198 on and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (tC e- 1,1.121) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obh lnedpHo to installation of the new manufacturing equipment and /or research and development equipment and/orlogistica/ distribution equipment and/orinformalion technology equipment BEFORE a deduction may be eppmvod 3. To obtain a deduction, a person must file a certified deduction schedule Willi the person's personal property return on a certified deduction schedule (Form 103 -ERA) with fire township assessor of the township where the properly is situated or with the county assessor if there is no township assessor for the township. The 103 -ERA must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment and/or research and development equipment and /or logistical distribution equipment and/or information technology equipment is Installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must fife the form between March 1 and the extended due date of that year, 4. Properly owners whose Statement of Benefits was approved after Juno 30, 1991, must submit Form CF-1 / PP annually to show compliance with the Statement of Benefits. (IC 6.1.1- 12.1 -5.6) - 5. The schedules established under IC 6.1.1- 12.1- 4.5(d) and (e) apply to equipment installed after March 1, 2001, un less an alternative deduction schedule is adopted by the designating body (IC 6-1.1. 12.1.17). Address of n�xpayest�n�r�rbera�>ie2 t city stale, and 2lPcode) 2820 "edam 6 w. end. d Name of conLacl person nnm Hertz Telephone number 574433-9424 Name or designaling body Mark Todd Cs,,ro nnp Resolution number (s) LOedtlan of P�opmtyy Count 2820 VMtllan Drrva. Sov" Bend. IN 46628 DLGF taxing district number St Joseph Description or manufacturing equipment and /or research and development equipment and/or logistical distribution equipment and /or information technology equipment. ESTIMATED (use additional sheets i(necessary) START DATE COMPLETION DATE Manufacturing Equipment R It D Equipment cNC Mills. . CNC Laes, Hones, Laps, Inspedim Equipment Logist Disl Equipment IT Equipment • • jell Current number Snlades Number retained • ..•.• • „• Salaries 3 M 60 3Indlon JSmbered0onal Salaries 1.75 rrtilNan • I • • a • -••• • ••• NOTE: Pursuant to IC 6.1.1- 12.1 -5.1 d 2 the MANUFACTURING ( ) () EQUIPMENT R 8 D EQUIPMENT LOGI$T DIST COST of the properly is confidential. EQUIPMENT IT EQUIPMENT COST ASSESSED VALUE COST ASSESSED COST ASSESSED COST A SESSED VALUE Current values 7aibm 2mnim VALUE SA - Plus estimated values of proposed project 5 md6m 5 tsdim Less values of any properly being replaced o 0 NeI estimated values upon completion of project 12 mit= 6.0mibm Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other beneels: 1 hereby certify that the representations in this statement are Ime. Signature o(aulharized representative Tine P asked Dale signed (month, day, year) 0.6/2014 Page 1 of 2 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5233 Dylan Drive AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CHASE PLASTICS WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 5233 Dylan Drive, South Bend, Indiana, and which is more particularly described as follows: 613.6' E.n. N.e. & 613.6' E Side S.e.n.e Ex: 4.718 Ac to State and Ex Irr Tract Nel /4 Nel /4 And ex Irr tract cont 5.26 ac +/- 18-38N-2E 9.155 ac tot 12/13 split to 025 -1010- 017002 Per 1111301/08/09 missed and fixed in 2013 Split to 04- 1010 - 017001 00 -01 Split Trans 12204 2/9/1998 Annxd 06 -07 per Ord 9587 -05 09/10 Pt to Ptg Prairie Manor #2 10 /11 pt to ptg Prairie Minor #3 Beg 910.31' from the NW '/ of 38 2e thence Ne 345.46' Thence Se 919.19 thence SW 958.27' Thence Nw 731.96 thence Ne 445.17' Thence Nw 187.23' thence Ne 167.04 To point of Beg cont 5.26 Ac +/- Lot 1 Portage Prairie Minor #2 RP 1732 04 -03 -08 09/10 and which has Key Numbers 025-1010-016902,025-1010-017002, 025-1010-0170, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et M., 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 sM., 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 pursuant to Indiana Code 6- 1.1- 12.1 -4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections I through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -4.5. `A SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community Investment, and the Community Investment Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. NOT APPRO,YW aDOP TEII ," Member of the Common Council Filets in Cleric's Office QGT `Z- Z 1'14 JOM10 VOOq6 CITY CLERK, SOUTH FIEND, IN 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTif BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTO[� Council Member Gavin Ferlic, Chairperson October 6, 2014 Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: Chase Plastics Dear Council Member Ferlic: PHONE: 574 /235 -9371 FAX: 574/235 -9021 Please find attached the Department of Community Investment's report on a personal property tax abatement petition for the above - referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the acquisition and installation of new equipment as part of the company's planned increase in productive capacity at a new distribution center at 5233 Dylan Drive. The report contains the Department's findings relative to the above petition. Chase Plastics will be purchasing and installing new equipment. The total project cost for the equipment is estimated at $265,000. The project meets the qualifications for a (5) five -year personal property tax abatement and a representative from Chase Plastics will be available to meet with the Committee on Monday, October 27, 2014. 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, Brock Zeeb Director Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding PLANNING NEIGHBORHOOD ENGAeFNIENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C. MEYER CHRIS FIELDING DONALD E. INKS 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOU'rH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: CHASE PLASTICS DATE: October 6, 2014 PHONE: 574/235 -9371 FAx: 574/235.9021 On October 6, 2014 a petition for personal property tax abatement consideration for property located at 5233 Dylan Drive, South Bend, is filed with the City Clerk by Chase Plastics. Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY The proposed project is the purchase and installation of new equipment at their new distribution center which is being constructed by CBK Land Development LLC. Chase Plastics is the tenant. The equipment will cost $265,000. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES 11TIN KAIN PAMELA C. MEYER CHRIS FIELDING DONALD E. INKS November 21, 2013 Page 2 South Bend Common Council Total taxes to be abated during the (5) five -year abatement period are estimated at $10,783. New project taxes will be $22,791. Total taxes to be paid over five years on the new and existing equipment are estimated at $12,008. EMPLOYMENTIMPACT Per the petition, it is estimated that the total project will: (a) create 1 (one) permanent, full -time and 0 (zero) permanent, part-time jobs within the first year, representing a new annual payroll of $27,480 and (b) will maintain 12 existing permanent full -time and 0 (zero) existing part-time jobs with a payroll of $430,000. The project will create 13 jobs over ten years with a payroll of $400,000. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous abatements. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Development Area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year personal property tax abatement under section 2 -84.2, Tangible Personal Property Tax Abatement. ( k \\ x ` < \ \ \z ° }r + \ ) \ 8�/ \ { }\ \ w , \\\ ; \ CO \ 0___a _ q »f X a # = \ ° OW a g e = ) [) Maj. : m } \ \ , 0 °' tP2 ° (/ =K A] )/ f \\ \ / ## k \\ x ` < \ \ \z ° }r + \ ) \ 8�/ \ { }\ \ w , ; CO \ 0___a _ q »f X a = \ {{ OW a g e = [) m �w \ \ 0 °' (/ =K A] )/ f \\ / ## k \\ x ` < \ \ \z IR \ ) C)\�\ » �\ )000 `} 2 \ } / }r + \ „: / /f )} \a \ IR \ ) C)\�\ » �\ )000 `} 2 \ -!: , - / /f )} \a \ 0___a _ X [) (/ \\ \\ §! STATEMENT OF BENEFITS PERSONAL PROPERTY Slate Form 51764 (R2/ 12 -11) Prescribed by the Department of Local Government Filed i1 `.; office vi 13 2014 JOHN V)0-uk- CITY CLERK, SOUTH BEND, IN FORM SB -1 /PP PRIVACY NOTICE The cost entl any apecitic iMWitluel's salary information b confidential; the la o M l record INSTRUCTIONS: br C f the is c uNc d). 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in makingiis decision about whetherto designate an Economic Revdalizab'onArea. Otherwise this statement must be submitted to the designating body BEFORE person installs the new manufacturing equipment end/orresearch and development equipment, this atement must b dsubmitte equipment and/ortnformalion technology equipment for which the person wishes to claim a deduction. Projects "planned orcommdted to after✓tdy 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OFBENEFITS. (IC 6 -1.1 -12.1) 2. Approvalof the designating body (City Council, Town Board, County Council, etc.) must be obtainedpriorto installation of the new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment end/orinformat/on technology equipment. BEFORE a deduction may be approved 3. To obtain a deduction, a person must rile a certified deduction schedule with the person's personal property return on a ceri/fled deduction schedule (Form 103 -ERA) with the township assessor of the township where the property is situated or with the county assessor If there is no township assessor for the township. The 103 -ERA must be filed between March I and May 15 ofthe assessment year in which newmanufactudng equipment and/ormseamh and development equipment and/or logistical distribution equipment and/or information technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March 1 and the extended due Bete of that year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF -1 / pp annua to show comp /!ante with the Statement ofBenerds. (IC6- 1.142.1 -5.6) lly S. The schedules established under IC 6-1.1- 12.1- 4.5(d) and (e) apply to equipment installed after March 1, 2001, unless an alternative deduction schedule is adopted by the designating body (IC 6 -1.1- 12.1 -17). ruge i ur a We have reviewed our prior actions relating to the designation or this economic revitalization area and find that the applicant meals the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6- 1.1- 12.1 -2.5, provides for the following limitations as authorized under IC 6.1.1- 12.1 -2. A . The designated area has been limited to a period of time not to exceed calendar years' (see below). The date this designation expires is B . The type of deduction that is allowed in the designated area is limited to: 1. Installation of new manufacturing equipment; m Yes m N o 2. Installation of new research and development equipment; ® Yes 13 N o 3. Installation of new logistical distribution equipment. D Yes ®N o 4. Installation of new information technology equipment; mYes 0 N o C. The amount of deduction applicable to new manufacturing equipment is limited to $ cost with an assessed value of D. The amount of deduction applicable to new research and development equipment is limited to $ cost with an assessed value of E . The amount of deduction applicable to new logistical distribution equipment is limited to $ cost with an assessed value of F. The amount of deductlon applicable to new information technology equipment is limited to $ cost with an assessed value of G. Other limitations or conditions (snecifv) H. The deduction for new manufacturing equipment and /or new research and development equipment and /or new logistical distribution equipment and /or new information technology equipment installed and first claimed eligible for deduction on or after July 1, 2000, is allowed for. 1 year 116 years •" For ERA's established prior to July 1, 2000, only a ❑ 2 years ❑ 7 years 5 or 10 year schedule may be deducted. ❑ 3 years ❑ 8 years ❑ 4 years ❑ 9 years 5 years " ❑ 10 years " I. Did the designating body adopt an alternative deduction schedule per IC 6.1.1- 12.1 -177 EU Yes 13 No If yes, attach a copy of the alternative deduction schedule to this form. Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient tojuslify the deduction described above. (month, 1 ' If the designating body limits the time period during which an area is an economic revitalization area, It does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6- 1.1- 12.1 -4.5 Page 2 of 2 CBK Land Development LLC (Real Property); Chase Plastics (Personal Property) Limited Liability Company / Corporation hvi TED (6233 Dylan Drive) n,n,5d i5'ae$� hinaend, M ,?l , Chase Plastics South Band, Indiana 46628 Feealuw e{ W Waggoner 9.55 Acres Farm INt[ha %al a Ya burned To Owned c: 125,000 Square Feat Ifleaed ytiwe 5� N/A a"'i .I$ f r,- Business Process Manager P7=ioneh ??,s,�' . 6407 Weldon Center Drive n"'§ 248-620-83D2 Clarkston, Michigan 48346 v's� .lc'iw Kevin Chase sIt. , .,sti, r, presftlent el`Ht frbm " "" � q�� -�. Soma es above P one. - ,h � > 248b20 -2120 Same as above EmaiEf. " -i '•, kchasaQcheseplasliw.com Holladay Properties - Paul Pharr £o syllanTie(e�dg$(y /N)^�l{:• 227 S. Main Street, Suite 300 rr t IFCOBOJp)�deLOidpm"dnt P; rinerfj Y South fiend, indlana 08801 E I ,, -.__ 3t'e! yn� L.P. Chase Plastics is a leading North American full. service specially engineering thermoplastic distdbutw serving plastic processors throughout North and Central America. This application is being made in regard to Chase Plastics' desire to build a new distribution center which will support Its operations. The facility, to be located in the Amedplex at Interstate 80 /9D project, will be approxlma rely 125,000 square feet In size and located on 9.55 acres In South Bend's 1.1 Dashicl. This location is exceptional /or o distribution operation. Due to its close proximity to the Intersection of the Interstate 80/90 and US Highway 31, it allows Chase to transport goods in all directions in a very efficient manner. A new facililywill allow Chase additional capacity for the storage of Product and to provide addillonai truck deck doors to gain functional efficiencies. . CHASE PLASTICS WILL BE THE TENANT LEASING FROM THE OWNERSHIP ENTITY OF CBK LAND DEVELOPMENTLLC. THE OWNERSHIP OF THESE TWO ENTITIES ARE CLOSELY RELATED. "Chase Plastics is also looking at possible site locations In Elkhart as well as South West Michigan as these locations would still be In close proximity to the majodly of the existing Chase employee base. No None No E 4]],600 $ 210,000 I g 80,000 I $16,600 I $ 20,000 S 90,000 $ 20,000 E 40.000 $15,W0 $45,000 $t5,00D _ StS.000 $10_000 E 90,000 $10,000 1) Howdo 1paymypetition filingfee? Yourpetitimr ftlingfee can bepaid eitherin person or via nail to: Or online via paypal at.- City Clerk's Office http: / /soutlibendiii.gov /government, Attn: Deputy City Clerk content /tax - abatement 227 West Jefferson Blvd, . Suite 400 S South Bend, Indiana 46601 2) Certified Technology Park appropriate? (Page one, under project overview) Iu the South Bead area there are only two Certified Technology Parks, Innovation Park and Ignition Park, If your property is not located in either then the answer wonted be no. 3) Community Revitalization Enhancement District? (Page one, under project overview) The map below outfina the CRED area, please check to see ifyoufall within the boundaries, �ro s CREeD District Boundary Go» Soe(ry south FoN G4Yory,e ' W pp R�e� ..— Pal O H Je&a x $ . .. .Gf6M10, .. Tun - .Tue'.. one $'. Gdreo } LL . .. rBnieoe' StO arceewey ' —P .. Haney Legentl 6 �eaeoG DIIM ea �: 'g (nomna..:.. .gg ( =]W.1b eend ve a g .. ;A 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that come from the Small BusinessAduunistration. This funding mutt be applied for to be received. 5) Total training expenditure -not cumulative (Page two, under full time Indiana resident positions) The amount ofmoney to be spent per year on training over the course of the project. 6) Total number to be trained -not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the length of the project. If you have any additional questions that are not addressed by this document, please contact Sarah IfeirtteehnaaLFffed' 7a th Departmentof COmmunilylnvatmentat574. 235. 5842orenailntshdatzerasnuthbr +tw,m � it{ EENI9, IN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5233 Dylan Drive AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR CBK LAND 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 located at 5233 Dylan Drive which is more particularly described as: 613.6' E.n. N.e. & 613.6' E Side S.e.n.e Ex: 4.718 Ac to State and Ex Irr Tract Nel /4 Nel /4 And ex Irr tract cont 5.26 ac +/- 18-38N-2E 9.155 ac tot 12/13 split to 025- 1010 - 017002 Per 1 111301/08/09 missed and fixed in 2013 Split to 04- 1010- 017001 00 -01 Split Trans 12204 2/9/1998 Annxd 06 -07 per Ord 9587 -05 09/10 Pt to Ptg Prairie Manor #2 10 /11 pt to ptg Prairie Minor #3 Beg 910.31' from the NW %4 of 38 2e thence Ne 345.46' Thence Se 919.19 thence SW 958.27' Thence Nw 731.96 thence Ne 445.17' Thence Nw 187.23' thence Ne 167.04 To point of Beg cont 5.26 Ac +/- Lot 1 Portage Prairie Minor #2 RP 1732 04 -03 -08 09/10 F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6- 1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of 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. PRESENTED NOT APPROVED Member of the Common Council ` Flied I r'rAric =� lCe 7 F,2, M' Z' e �$Q 14] C17YCl ERI". 60 IN Council Member Gavin Ferlic, Chairperson October 6, 2014 Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Real Property Tax Abatement Petition for: CBK Land 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. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for construction of a distribution center as part of the company's planned increase in productive capacity at 5233 Dylan Drive. The project cost is $4,885,376. The report contains the Department's findings relative to the above petition. The project meets the qualifications for a (10) ten -year real property tax abatement and a representative from CBK Land Development, LLC will be available to meet with the Committee on Monday, October 27, 2014. 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, Brock Zeeb Director Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: CBK Land Development LLC DATE: October 6, 2014 On October 6, 2014, a petition for real property tax abatement consideration for property located at 5233 Dylan Drive was filed with the City Clerk by CBK Land Development, LLC. Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community 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 Chase Plastics will be the tenant leasing from the ownership entity of CBK Land Development, LLC. The ownership of these two entities are closely related. Chase Plastics is a leading North American full- service specialty engineering thermoplastics distributor serving plastic processors throughout North and Central America. This application is being made in regards to Chase Plastic's desire to build anew distribution center which will support its operations. The facility to be located in the Ameriplex at Interstate 80/90 project will be approximately 125,000 square feet in size and located on 9.55 acre's in South Bend's 1" District. This location is exceptional for a distribution operation. Due to its close proximity to the intersection of the Interstate 80/90 and US Highway 31, it allows Chase to transport goods in all directions in a very South Bend Common Council RE: Tax Abatement for CBK Land Development, LLC October 6, 2014 Page 2 efficient manner. A new facility will allow Chase additional capacity for the storage of product and to provide additional truck dock doors to gain functional efficiencies. Taxes abated for the ten year abatement are $546,734. Taxes paid for the ten year term are $960,185 EMPLOYMENT IMPACT Per the petition, it is estimated that the project will create five (5) new, permanent full -time positions and zero (0) part-time positions with an annual payroll of $143,000 by the end of 2019. In ten years the project will create 13 jobs with a payroll of $400,000. The project will maintain 12 jobs with a payroll of $430,000. ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the Petitioner, CBK Land Development, LLC has not been granted any previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. The property is located in the Airport Economic Development area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (10) ten -year real property tax abatement under section 2 -75 Real Property Tax Abatement General Standards. 0 ® STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Form 51767 IN 12 -13) Prescribed by the Department or Local Government Finance This statement is being completed for real properly, that qualifies under the fogowing Indiana Code (check one box): ❑ Redevelopment or rehabilitation of real estate improvements (IC 6.1.1- 12.14) ❑ Residentially distressed area (IC 6- 1.1- 12.14.1) 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 Revital zationArea. Otherwise this statement In at submitted to the designating body BEFORE the redevelopment orrehabilitation of real property for which the person wishes r, claim a deduction. 2 Projects "planned or commttetl fo afterJuy 1, 1987, and areas designated afterJUry 1, 1987, require a STATEMENT OF BENEFITS: (IC S-1.1 -12.1) Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained priorto initiation of the redevelopment or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction, a Form 3221RE must be filed with the County Auditor before May 10 in the year in which the addiction to assessed valuation is made ornot laterthan thirty (30) days afterthe assessment notice Is mailed to the property ownerif it was mailed afterApol 10. If the property owner misses the May 10 deadline in the initial yearofoccupation, he can apply between March 1 and May 10 of a subsequent year. 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 of Benefits. [lC &I.1- 12.1- 5.l(b) and IC 5, The schedules established under IC 6- 1.1- 12.1.4(4) for rehabilitated property apply to any economic revitalization areas designated after June 30, 2000, unless an afterriahYe deduction schedule is adopted by the designating body (IC 6-1.1- 12.1 -17). The schedules effective prior to July 1, 2000, shall continue to apply to economic revitalization areas designated before July 1. 2000. REAL ESTATE IMPROVEMENTS T Current values ASSESSED VALUE $ws00 Plus estimated values of proposed project 6 g37 Less values of an roe being replaced 0 0 Net estimated values upon completion of pro act $4,936.278 Estimated solid waste converted (pounds) Other benefits I hereby certify that the representations in this statement are true. Estimated hazardous waste i 3 2014 JOHN \t' -e)'JE CITY CLERK, SOUTH SEND, IN epO�reff�prv.�represenlawe pw,'`:a...:.A.,,�,,.,.. Title 1lll fill �6-�l �1 ^°'� •� Date signed fmonm, day,, yeah Business Process Manager 10/10/2014 Page 1 of 2 We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution, passed or to be passed under IC 6-1.1 -12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed expires Is calendar years' (see below). The dale this designation B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate Improvements m Yes ❑ No 2. Residentially distressed areas 0 Yes 13 No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for (see below). F. Did the designating body adopt an alternative deduction schedule per IC 6 -1.1. 12.1 -177 ❑ Yes ❑No If yes, attach a copy of the alternative deduction schedule to this form. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits Is sufficient to justify the deduction described above. Date and M1'lle of attested ' If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.1- 12.1 -4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. if the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period Is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 30, 2000. and is not in a residentially distressed area, the tledudion period may not exceed ten (10) years. Page 2 of 2 Bend PF A CBK Land Development LLC ( Real Property); Chase Plastics ( Personal Property) Y) IB whass tt «u e :- Limited lland tv Cm-- „er ........... .... 0 �SO . Camp, "any w''ebske http: /Aw .chaseplasticscom/ Proposed Project Information ProposedptoJeptadch1a e TBD (5233 Dylan Pa}ent ao1^[fPdlcq @r4o lan Drive) - :Chase Plastics City, State Zip ? South Bend, Indiana 46628 Legal owger . ,_ Waggoner Farm Development, L.P. Site acrsageoracreage required ` g,55 Acres Is Melle'sWYe pwned gn Owned Square feetoffidlity{ - :% 125,000 Square Feet fleasep by ll4tpt `- Primary Contact Information Prrma7 cQmPa2f'co9t?u'fnaHto' " Robert Hoff ttlg , Business Process Manager Address of <ompanyf`dntact 6467 Weldon Center Drive PBgne - .248- 620 -8302 Cry, State Zip ClarkstogMichigan 48346 Email bhoH @chaseplastics.com Senior Official Companyseniof dffirJyJ;name `. Kevin Chase TdIL` President ` labovoi Addres "s ofCompanY CSptact (ifddkrent homy Phone Same as above `.� 248- 620 -2120 City, $tote Zip Same as above Email kchase @chaseplastica.com Consultant Information/Agent Hired tiusineYs codsultant/agent name` Holladay Properties -Paul Phair Come, ayt+i ltant ;release - it Yes Address ecepbmicdevelo 227 S. Main Street, Suite 300 Local PmEnt rtners pa . yes Citv,'State, Zip - South Bend, Indiana 46607 Erdail - - .E. pphair @holladayproperties.00m Overview er)efoescription of your. ' -- wmpany project, and why the Chase Plastics is a leading North American full - service specialty engineering thermoplastic distributor serving plastic property is n.e asssry flo processors throughout North and Central America. This application is being made in regard to Chase Plastics' desire to build a new distribution center which will support its operations. The facility, to economic rovrth _ 8 be located in the Amenplex at Interstate 80/90 project, will be approximately 125,000 square feet in size and located on 9.55 acres in South Bend's tat District. This location is exceptional for a distribution operation. Due to its close proximity to the intersection of the Interstate 80190 - and US Highway 31, it allows Chase to transport goads in all directions in a very efficient manner. A new facility will allow Chase additional capacity for the storage of product and to provide additional truck dock doors to gain functional efficiencies. CHASE PLASTICS WILL BE THE TENANT LEASING FROM THE OWNERSHIP ENTITY OF CBK LAND DEVELOPMENT LLC. THE OWNERSHIP OF THESE TWO ENTITIES ARE CLOSELY RELATED. " Chase Plastics is also looking at possible site locations in Elkhart as well as South West Michigan as these locations .. would still be in close proximity to the majority of the existing Chase employee base. Certified Technology Park appropr)ate. -- No Community Revitalization Enhancement. No Cerdfythat the Building Permit hascot been. Yes None N(hisis a peHGon for personal property tax abatement has the. ul ment been installed - No 2014 2015 2016 2017 2018 2019 2020 2021 h�Oge_dr aimuladvenetnewjobs not - cpmUla`tive -- Iwdves - cumulative� 2014 - 2015. 1 13.00 2016 - 2 14.50 201E 1 13.25 2018 0 13.50 2019 1 13.50 2020. 2 14.85 2021 1 13.75 2022 1 14.00 2023 - 1 14.00 2024 2 15.00 2025- 1 14.25 .. - . -. • . _.. Full time - . - - `..; - - , Part time - • W624ers` 13.00 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendaryear 19bs ratAYpeA Totgl tlou${y Cumulati0e #of OeYTi6W tulidme:` Hod�ly'ave�aaege'W /as Ga7nfn- oEal #jto b6� wage vi /o loermanentiobs trgated atprgect beneffts.orbonoses ; of a It e' IeTnFd noc h�Oge_dr aimuladvenetnewjobs not - cpmUla`tive -- Iwdves - cumulative� 2014 - 2015. 1 13.00 2016 - 2 14.50 201E 1 13.25 2018 0 13.50 2019 1 13.50 2020. 2 14.85 2021 1 13.75 2022 1 14.00 2023 - 1 14.00 2024 2 15.00 2025- 1 14.25 .. - . -. • . _.. Full time - . - - `..; - - , Part time - • W624ers` 13.00 Tecfi7cal: Mana'gedal Administrative % 15.00 ome be themomaua, responsi a orcoo mating- WbAhni.-rreovhi 7 I Gusting Sell and Mike Hall OoesyourrompanyFia've an EEiyh {ring poRq? Yes Are you an FEO employer? Yes • '" • • •• • - • • Please dekilbeyoui 2ommltinemtt6 "'- the last three years: ;� diversity and]ndusion by E2'tail{ng vour' 2014 2013 oubeach and re nudment ef(o�t{ /a the]ast - 2012 three yeari as well asarrenEpolides. ` -.Full Time Part Tine- 'Full Time PartMme Full Time, Part Time` all q 4 2 Hispanic" 1 Asian -_... - " Indian -' Female: 3 3 3 Other' The Undersigned owner(s) of roaf Ot6"rty, lo�catea withih the City of South BeridJWbg petition the Comrpon CqUrpc#pf th-ii. of South Bend for a real and/or personal property tax abatement consideration -and I pursuan I t to ix., 6 and South Bend Municipal Code Sec. 2,76 s�:petftiorivat ku� for thi, eth above. Robert Hoff KEU- 10/10/2014 1) How do I pay my petition filing fee? Your petition filingfee can be paid either in person or via mail to: Or online via paypal at: City Clerk's Office http: / /$outhbendin.gov /government/ Attn: Deputy City Clerk content /tax- abatement 227 West Jefferson Blvd.. Suite 400 S South Bend, Indiana 46601 2) Certified Technology Park appropriate? (Page one, under project overview) _ In the South Bend area there are only two Certified Technology Parks, Innovation Park and Ignition Park. If your property is not located in either then the answer would be no. 3) Community Revitalization Enhancement District? (Page one, under project overview) The map below outlines the CRED area, please check to see ifyou fall within the boundaries. 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that come from the Small Business Administration. This funding must be appliedfor to be received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the length of the project. If you have any additional questions that are not addressed by this document, please contact Sarah Heinlee4manin.the....,...___ IDepartment of Community Investment at 574.235.5842 or email at sheintzeCdsouthbendi� Filed u Ill Office IN CREeD District Boundary G..SOafM1 Fob GN'er MeW N $ PoIanA Dwh.. Jr Fisher A Tea Tv^ aawle 9 KCR fMu � Garet LL P� 5 IgNtioa stull c U P BmeCwaY P Faware fi a 8 lierury Legend F S c7 Inoiana O EeD Ual CR rcl a }' 1r te. �r F Q aoula Bend Parma Is 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that come from the Small Business Administration. This funding must be appliedfor to be received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the length of the project. If you have any additional questions that are not addressed by this document, please contact Sarah Heinlee4manin.the....,...___ IDepartment of Community Investment at 574.235.5842 or email at sheintzeCdsouthbendi� Filed u Ill Office IN 6J(po- 440 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1203 North Notre Dame Avenue AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Michael Seamon WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1203 North Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: Lot 30 Univ Hts and this property has Tax Key Number 018 -5123 -4382 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et se o., and South Bend Municipal Code Sections 2 -76 gt sea., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. 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 meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION 11. 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: L 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 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 W. The Common Council hereby confirms its Declaratory Resolution designating `A the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. %RESENTED . NOT APPRQV,A ADOPTFa:t -' -- O<<.9" �✓�;; f �rl Member of the Common Coun i .. o,,J Cotln it Filed In afflce v 5 70.14 CIIYCLER;. , Oukl ?4 BEND, IN 6 (- ( I 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 3226 E. Jefferson Boulevard South Bend, Indiana 46615 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 I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 3226 E. Jefferson Boulevard South Bend, Indiana 46615 in order to permit Operate a child care facility without residing at the facility which is in a SF1 Zoned District. 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: L 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. Member of the Common Council Sig,*V of MIS W iS only to prO'Me On CqporaMfty fa; patT'e ttaae"kQ and COUP �ti011 W1 Lie► ;,�.- 001 7 ?014 IN September 3, 2014 Area Board of Zoning Appeals 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 Re: Special Exception/Use Petition Prentiss Jones Jr. and Ellen C Haron -Jones 52090 Brendon Hills Drive Granger, Indiana 46530 574 273 -6578; prenjjagmail.com; ecjones98 @comcast.net Ladies and Gentlemen of the Area Board of Zoning Appeals: We are requesting variances for our property located at 3226 East Jefferson Boulevard, South Bend, IN 46615 in Portage Township (legal description: 75 feet East and West by 275 feet North and South beginning at point 1279.4 feet West of the Northeast corner on Jefferson West of Logan). The property is zoned "SF 1" and contains a single - family home with an attached garage. To comply with the letter and spirit of St Joseph County Ordinance: 9495 -04 section 21- 02.01, we are requesting a special exception variance to operate a child care facility at said property without residing at the property. We are also requesting variances: from the required perimeter landscaping to no additional landscaping: from the required 20' side yard setback for a non residential use to 4.7' for the existing structure; and from the required five (5) parking spaces to four (4). Pursuant to Indiana Code 36 -7 -4- 918.5: The approval of this variance will not be injurious to the public health safety, morals an d general welfare of the community for the following reasons: • The facility will have limited use and will not burden the existing infrastructure (e.g., public water, public sanitary sewer, storm sewer, traffic flow /pattem) • The primary child care provider and co -owner (Ellen C Haron- Jones) is a certified Child Development Associate through the National Credentialing Program and is certified in CPR and AED through the American Heart Association. Ellen is familiar with the health and safety requirements necessary for operating a child care facility. • Child care will be provided for a maximum of twelve children at any one time. • The normal hours of operation will be during the typical workday (i.e., 7:00 AM to 6:30 PM, Monday through Friday). • Six core ethical values: trustworthiness, respect, responsibility, fairness, caring and citizenship will set the moral environment for the child care facility.+ Area Board of Zoning Appeals August 31, 2014 Page 2 • The garage, driveway, and two - vehicle parking pad on the property provides adequate parking for staff and dropping off and picking up children. The approval of this variance will not affect in a substantially adverse manner the use and value of the area adjacent to the property included in the variance for the following reasons: • We are not proposing any external changes to the property to accommodate the child care facility. • Other than play equipment in the backyard, there will be no exterior appearance or signs which show that a child care facility is being operated on the property. • The intended use is compatible with the current mixture of Office Buffer, SF and SF2 properties in the neighborhood. • The proposed use is in harmony with the general purposes and intent of St Joseph County Ordinance: 9495 -04 section 21- 02.01. Strict adherence to the zoning ordinance will result in practical difficulties in the use of the propert y for the following reasons: • Strict adherence to the zoning ordinance would deprive the petitioners of privileges enjoyed by child care facility owners of similarly zoned properties in the neighboring area. • Strict adherence to the zoning ordinance would limit access to early learning opportunities in a community where such services are greatly needed. • The practical difficulties that would be created without the variance could not be alleviated by some other feasible alternative. In conclusion, we are not proposing any changes to the structural appearance of the property. Adequate parking is available and the existing public services will not be significantly affected. If our requests for the variances are granted, it would not adversely affect the character, livability, or development of properties or the surrounding area, nor would it be detrimental to the public welfare or contrary to adopted plans or development policies. In fact, we believe a favorable response to our petition will result in a child care facility that will benefit the community at large by providing an environment where a child's emotional, physical, and cognitive needs can be met in a family friendly environment. Thanks in advance for your fair assessment of our request. Sincerely, Prentiss Jones Jr. and Date: (n Oj - 0 3 —1 (� Ellen C Haron - -Jones Date' D rl v B /l 4 • ¢ Yn .1111 gII Fv �E S I('�I II' I MRD MM 11-01 11 F fifi77 EYYE�' T I• Im ��- v e� I I 33 i g I A I_ jI I ��8��9 asixmai - i 3p 3LIDS1Rffi I i i I I I I Ili g{ iIM gc! 11. 9 I e of MR 11 I('�I II' I MRD MM 11-01 11 F fifi77 EYYE�' T I• Im ��- v e� I I 33 i g I A I_ jI I ��8��9 asixmai - i 3p fit aypi..'ga � � F Q9� s n -z B '6 ' �RA �£3a �• � fill R � �� € Q sa is g 010111 i fill € yRB F b�a��FHH �]$Q��Y� a 1K151 3$iBm��m mT om pfn f4 i£gz 0 O �OZ, o to n�p �a N F N.IOGAN$fFE{i N.ABONMARCHE w § PLAT OF SURVEY PRENTISS JONES, JR. c 3226 E. JEFFERSON BLVD 52090 BRENDON HILLS DR amp" w o GRANGER, IN N 0.3' PA.B o.r PARCEL II t, 75'(R) S89 °52'51_'W (M) nP --J! 79.86' (M) PARCEL II PREMISS JONES JR. d ELLEN C HARONJONES :NST.R'1402466 0 18 I Vol R 5" 9E:0>' E SE O NORMR/IY GRAL' PA.B b m PARCEL I — IscuaeacunER NORTH Lt: '�7 TFFERSON BOULEVARD 82.5'RIGHT -OF -WAY 1 45'ASPHALTPAVEMENT "d NRB B GUM t\ —_ f72 -��' i CONPE CRWNK .82- (Ml SOON R/W �• S90° 80' (R) 027 N:JT-1 c* C7 00'W 75.00 (R) 0.81' NORTH TIRADE _�.. , TOP BEM On - NORTH GRAU^E _ 8' BELOW -- GRADE (T it P 7 f. P' N � O 07 La' 7.8 SIN 510 JO 0 { NC "'' 94E 3°j'� 15 i y 1} Q m r, u 0- I ;l 4.7 o$ 1 n m rtn m n ax < � I -? AMERICAN NATIONAL RED U PARCELI — i a CROSS v PRET NISS JONES JR. B O ' 'NSTRUMENTT NO. 31373 GO ELLEN C HARON -JONES 0 I N -' N INSTR#1402466 n � w Zo n r w I h ;o a h y y TOTAL AREA: ^ I H <. 0.473AGRE93 8 N 0.3' PA.B o.r PARCEL II t, 75'(R) S89 °52'51_'W (M) nP --J! 79.86' (M) PARCEL II PREMISS JONES JR. d ELLEN C HARONJONES :NST.R'1402466 0 18 I 11 PARCELID PARCELSTAT NAME-1 MAILINGADD MAILINGCIT MAILMAILINGZIF 018- 6080 - 281403 71 -09 -08 -405- DANGELO 420 S 32nd Street South Bend IN 46615 005.000 -026 MICHAEL P & BARBARA E 018- 6128 - 452814 71- 09- 08.427- REAGAN FAMILY 3332 E Jefferson Sq South Bend IN 46615 014.000 -026 TRUST AND REAGAN THOMASJAS TRUSTEE 018- 6128 - 452806 71 -09- 08.427- SMITH NANCY A 3321 E Jefferson Sq South Bend IN 46615 030.000 -026 018- 6095 -3381 71 -09 -08 -430- BOURTHOUMIEU 10425 Vistula Osceola IN 46561 018.000 -026 JOHN 018- 6095 -3364 71 -09 -08 -430- STANFORD 502 33RD Street South Bend IN 46615 001.000 -026 LINDA J 018- 6094 -3347 71 -09 -08 -409- MILLER RONALD 2521 Mishawaka South Bend IN 46615 018.000 -026 1.. & ELIZABETH Avenue A 018- 6128 - 452803 71- 09 -08- 427 - EHRET MARILYN 3302 E Jefferson Sq South Bend IN 46615 002.000 -026 1 018- 6128 - 452821 71- 09- 08.427- FRITZ DIANE 3408 E Jefferson Sq South Bend IN 46615 018.000 -026 ELAINE, 018-6128-452811 71.09 -08 -427- MCMEEL 3312 E Jefferson Sq South Bend IN 46615 006.000 -026 KATHLEEN 018.6128. 452824 71 -09 -08 -427- SAHUT 3417 E Jefferson South Bend IN 46615 022.000 -026 BARBARA M 018 - 6080.281405 71- 09- 08.405- JUHAS KELLY A 342 Flatland Pass New Braunfels TX 78130 007.000 -026 018- 6128 - 452819 71 -09 -08 -427- REINKE PAMELA 1512 Belmont Ave South Bend IN 46615 016.000 -026 A SEE TRANSFER NOTE 018 -6128- 452808 71 -09 -08 -427- RICKHOFF 3319 E Jefferson Sq South Bend IN 46615 032.000 -026 MILLICENT 018- 6128 -4528 71 -09 -08 -427- CARL RONALD B 3404 E Jefferson Sq South Bend IN 46615 015.000 -026 018 -6128- 452807 71 -09 -08 -427- LEE VIVIAN A 3317 Jefferson Sq South Bend IN 46615 031.000 -026 REVOCABLE TRUST AND AS TRUSTEE AND AS LIFE ESTATE 018 - 6128 - 452813 71- 09- 08.427- FRIEDMAN VICKI 3334 E Jeffeson Sq South Bend IN 46615 013.000 -026 L 018 - 6128 - 452831 71 -09 -08 -427- NOWICKI 3325 E Jefferson Sq South Bend IN 46615 029.000 -026 STANLEY M SEE TRANSFER NOTE 018 - 6128 - 452816 71 -09 -08 -427- BOTOS LARAINE 3330 E Jefferson Sq South Bend IN 46615 012.000 -026 M 018 - 6128 - 452830 71.09 -08 -427- RONNOW 3327 Jefferson Sq South Bend IN 46615 028.000 -026 DANIALLE J 018 -6128- 452815 71 -09 -08 -427- MCCLARAN 3328 E Jefferson Sq South Bend IN 46615 011.000 -026 HARRY III & SUSAN K Page I of PARCELID PARCELSTAT 018- 6128 - 452829 71- 09- 08 -427- 027.000 -026 018- 5145.5400 71- 09.08 -280- 006.000 -026 018 -5145 -5401 71- 09- 08 -280- 003.000 -026 018 -6128- 452817 71- 09- 08 -427- 010.000 -026 018- 6128- 452828 71- 09- 08 -427- 026.000.026 018 -6128- 452809 71- 09- 08 -427- 009.000 -026 018- 6128. 452827 71- 09- 08.427- 025.000 -026 018 -6128- 452805 71- 09- 08 -427- 008.000 -026 018.6128- 452826 71- 09- 08 -427- 024.000 -026 NAME _1 MAILINGADD MAILINGCIT MARSH JENNY Slat 3 25 Friend London, England ILANA Street ECIV7NS JONES ROBERT H 319 S 34th St South Bend SANCHEZ 320 S 33rd St South Bend ERNEST TAYLOR MARY C 3318 E Jefferson Sq South Bend KAZMIERCZAK 3403 E Jefferson South Bend GERALD A & Square IN JOAN M REV IN 46615 TRUST GERALD 46615 IN KAZMIERCZAK 007.000 -026 LARRY I) & ROSE Square L AKA GERALD A 018 -6128- 452825 71 -09.08 -427- KAZMIERCZAK IN AS TRUSTEE KATHLEEN A 46615 KIZER REBECCA 3322 Jefferson South Bend A Square 006.000 -026 SYKES DAVID W 59921 Valley View Osceola Tr SCHO T JOSEPH 3320 E Jefferson Sq South Bend C & EDITH M 005.000 -026 DEARDORFF 4277 Brywood Dr Naples JULIE MARIE & QTIP TRUST DARNELL SMITH NANCY M JUDITH P JT W /ROS MAIL MAILINGZIF ECIV7N IN 46615 IN 46615 IN 46615 IN 46615 IN 46615 IN 46561 IN 46615 Fl, 34119 TRANS DATE 9.4 -08 018.6128- 452812 71 -09 -08 -427- SHENEMAN 3316 E Jefferson South Bend IN 007.000 -026 LARRY I) & ROSE Square L 46615 018 -6128- 452825 71 -09.08 -427- SWEENEY 3415 E Jefferson Sq South Bend IN 023.000 -026 KATHLEEN A 46615 018- 6080 - 281407 71 -09 -08 -405- RED CROSS 3220 E Jefferson BI South Bend IN 46617 006.000 -026 AMERICAN NATIONAL. 018- 6128 - 452810 71 -09 -08 -427- SMITH DONALD 10333 N Meridian Indianapolis IN 46290 005.000 -026 E NON EXEMPT ST Ste 250 QTIP TRUST SMITH NANCY M & ADAM H CO TRUSTEES 018- 6128 - 452818 71 -09 -08 -427- SAWYER JAMES 13411 E Jefferson Sq South Bend IN 021.000 -026 46615 018 -6128- 452802 71- 09 -08- 427 - RAMENDA, 3314 E. Jefferson South Bend IN 004.000 -026 PAMELA J. Square 46615 018- 6128- 452823 71 -09 -08 -427- FILLINICH 3416 E Jefferson Sq South Bend IN 020.000 -026 STEVEN F 46615 018 -6128- 452804 71.09 -08 -427- DERRINGER 3304 E Jefferson South Bend IN 003.000 -026 GREGORY S Square 46615 018.6128- 452822 71 -09 -08 -427- DUNBAR 3414 E Jefferson South Bend IN 019.000 -026 ROBERT E SR Square 46615 018.6128- 452801 71.09 -08 -427- LEWIS ROBERT F 3306 E Jefferson Sq South Bend 001.000 -026 & PAULINE I IN 46615 LEWIS 018- 6128- 452820 71 -09 -08 -427- MAURE 3406 E Jefferson Sq South Bend IN 46615 Page 2 of 3 PARCELID PARCELSTAT 017.000 -026 018- 6080 - 281408 71- 09- 08 -405- 004.000 -026 018- 6080 -2814 71- 09- 08 -405- 003.000 -026 018- 6080 - 281404 71- 09- 08 -405- 002.000 -026 018- 6080 - 281406 71- 09- 08 -426- 001.000.026 018- 6080 - 281401 71- 09- 08 -426- 002.000 -026 018- 6128 -4527 71- 09- 08.426- 003.000 -026 018 -6128 -4526 71- 09- 08 -426- 004.000 -026 018- 6128 -4525 71- 09- 08.426- 005.000.026 018 -6080- 281402 71- 09- 08.405- 001.000 -026 018.6128 -9999 018.5145 -5368 71- 09- 08 -280- 010.000 -026 018 -5145 -5367 71- 09- 08 -280- 009.000 -026 018.5145 -5366 71- 09- 08 -280- 008.000 -026 018 -5145 -5365 71- 09- 08 -280- 007.000 -026 018 -5064- 225003 71- 09- 08 -251- 001.000 -026 NAME-1 MAILINGADD MAILINGCIT MAILMAILINGZIF LORETTA MAKASI 3210 E South Bend IN 46615 MILDRED JEFFERSON AMERICAN NATI, 3220 E Jefferson BI South Bend IN 46615 RED CROSS MAKASI 3210 E South Bend IN 46615 MILDRED JEFFERSON JONES PRENTISS 52090 Brenton Hills Granger IN 46530 JR AND ELLEN C Or HARON GADIA 3306E Jefferson South Bend IN 46615 EDUARDO F & Blvd DINIA R LIBY THOMAS A 1120 Lancaster Bluffton IN 46714 Street STEENBEKE 3328 E Jefferson South Bend IN 46615 SUSAN M SHAFFER 3402 E Jefferson South Bend IN 46615 MARTHA L Blvd PRENKERT 3204 Jefferson South Bend IN 46615 JAMES & CLAUDIA WROBEL, 327 S 34th St South Bend IN 46615 EDWARDAND CLEMENTINE HOWARD BETTY 3315 E Jefferson South Bend IN 46615 M & KIMBERLY Blvd K TOMLINSON SEE MISC GENZARDI 6700 Henri Montreal QC 114ROG2 FREDERICK Bourassa BI West DUDLEY 3303 E Jefferson South Bend IN 46615 CAROLYN D PARK JEFFERSON ZIDAN MGMT Indianapolis IN 46250 REALTY LLC GROUP ATTN:RAED ZIDAN Page 3 of 3 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574)235 -9554 FAX: (574)235 -5541 October 2, 2014 The Honorable Common Council South Bend Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception Prentiss Jones Jr. & Ellen Haron -Jones ABZA 9/3/14 Dear Council Members: The above referenced petition ofPtentissJonesJr. and Ellen Haron Joneswas legally advertised on September 18, 2014. The Area Board of Zoning Appeals gave it a public hearing on October 1, 2014 at which time the fol lowing action was taken: Upon a motion by Mr. Phipps being seconded by Mr. Urbanski and by a 7 -0 vote, the petition for Special Exception to allow a day care facility in a "SFI" District, on property located at 3226 E. Jefferson Blvd., is sent to the Common Council with a Favorable Recommendation with the following conditions: a 20' wide driveway or approval of loop driveway from City Engineering; trim shrubs to 3; and removal of tree in the tree lawn. 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. Sincery�� Charles C. Bulot, C.B.O. Building Commissioner CCB /cah PETITION VARIANCE PURSUANT TO I.C. 36 -7 -4 -918 JONES & HARON -JONES AREA BOARD OF ZONING APPEALS FINDING OF FACTS 1. THE GRANTING OF THE VARIANCE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE COMMUNITY 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 USE OR VALUE OF THE AREA ADJACENT TO THE SUBJECT PROPERTY WILL NOT BE AFFECTED IN A SUBSTANTIALLY ADVERSE MANNER BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE STRICT APPLICATION OF THE TERMS OF THE ZONING ORDINANCE WILL CONSTITUTE AN UNUSUAL AND UNNECESSARY HARDSHIP IF APPLIED TO THE SUBJECT PROPERTY FOR WHICH THE VARIANCE IS SOUGHT BECAUSE: property. Conditions on the property predate the Zoning Ordinance, which creates a different condition for this CONDITIONS OR REVISIONS: REMOVAL OF THE PARKING VARIANCE & SUBJECT TO THE SPECIAL EXCEPTION BEING APPROVED DECISION IK IT IS THEREFORE the decision of this Board that this VARINCE PETITION is GRANTED, subject to any conditions stated in the Minutes (which conditions are incorporated herein by reference and made part of this decision). ADOPTED this I ST Day of OCTOBER, 2014. YES NO I@ MICHAEL URBANSKI 0 RANDALL MATTHYS 0 ROBERT HA WLEY M GERALD PHIPPS JACK YOUNG JOE VELLEMAN M BRENDAN CRUMLISH RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (RAINBOW CHILD ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100 %) property owners which proposes the annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 2.65 acres of land containing single family houses, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 25.0% contiguous, generally located on the east side of State Road 23 (17288 and 17316 State Road 23), and it is anticipated that the annexation area will be used for a day care center; and WHEREAS, this development will require a basic level of municipal public services of a non - capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non - capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non - capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, The Board of Public Works and the Board of Public Safety of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Clay Township, St. Joseph County, Indiana be annexed to the City of South Bend: Part of the Southwest Quarter of the Southeast Quarter of Section 29, Township 38 North, Range 3 East located in St. Joseph County, Indiana described as follows: Commencing at the Southeast Comer of said Quarter Quarter Section thence North 00 degrees 17 minutes 29 seconds East along the East Line of said Quarter Quarter Section 200.00 feet to the Point of Beginning of the herein described parcel; thence North 90 degrees 00 minutes 00 seconds West 197.64 feet; thence North 00 degrees 00 minutes 00 seconds East 80.00 feet; thence North 90 degrees 00 minutes 00 seconds West 143.66 feet to the eastern right -of -way of State Road 23; thence continuing North 90 degrees 00 minutes 00 seconds West 123.62 feet to the western right -of -way of State Road 23; thence North 43 degrees 16 minutes 41 seconds East along last said right -of -way 430.58 feet; thence South 89 degrees 04 minutes 26 seconds East 121.78 feet to the eastern right -of -way of State Road 23; thence continuing South 89 degrees 04 minutes 26 seconds East 49.97 feet; thence South 00 degrees 17 minutes 29 seconds West along said east line 390.71 feet to the Point of Beginning containing 2.65 Acres more or less. SECTION II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of a non - capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. SECTION III. That the South Bend Common Council, shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A ", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the existing public water main on the west side of State Road 23 is adequate to cover the needs of this anticipated development; that the existing sanitary sewer line may need to be extended to fully service this area which shall be at the developer's expense along with any tap permits or other utility improvements, all in compliance with State and local law, that no additional street lighting will be necessary; and that no new roads or streets will be required. SECTION IV. As a condition of this annexation, any future alteration to the property must meet City of South Bend's building and zoning requirements. SECTION V. This Resolution shall be effective from and of the date of adoption by the Common Council. PRESENTED NOT APPROVEd ADOPTED Member, South Bend Common .Eouncil SUft Ot IhIs W is only tO PMT 0 . foi pub�'tc he ,rd oppodway Coma 80W an this WA F116d Voonort CItY CLERGC $oUrH BEND, IN Exhibit "A" THE CITY OF SOUTH BEND FISCAL PLAN RAINBOW CHILD ANNEXATION AREA Prepared by City of South Bend Department of Community Investment 227 W. Jefferson Blvd., Suite 1400S South Bend, IN 46601 August 29, 2014 Fiiedi : ;' x� ,''- ff i M4 IN Rainbow Child Annexation Area 2 TABLE OF CONTENTS SECTION I. INTRODUCTION ................................................. ..............................3 SECTION II. GENERAL DATA ................................................. ..............................3 A. Location B. Legal Description C. Contiguity D. Size of Annexation Area E. Buildings and Land Use F. Zoning & Subdivisions G. Population H. Tax Rate I. Assessments J. Municipal Legislative District K. Hiring Plan SECTION III. MUNICIPAL SERVICES ...................................... ..............................6 A. Public Works B. Police Department C. Fire Department & EMS D. Code Enforcement E. Environmental Services F. Administrative Services SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA ....................... 10 SECTION V. FISCAL IMPACT .................................................. .............................11 Fiscal Impact: TABLE 1 SECTIONVI. APPROVAL .......................................................... .............................13 LegalDescription ......................................................................... .............................14 Map: MAP 1 ....................................................................... .............................15 Rainbow Child Annexation Area 3 SECTION I. INTRODUCTION This Fiscal Plan represents the City of South Bend's (hereinafter, "City ") policy for the annexation of property in Clay Township, St. Joseph County, Indiana (hereinafter, "Annexation Area "), and was developed through the cooperative efforts of the Area Plan Commission and the following City Departments: Legal Department Department of Public Works South Bend Fire Department South Bend Police Department Department of Code Enforcement Department of Community Investment Department of Administration & Finance SECTION II. GENERAL DATA A. Location The Annexation Area is located on the east side of State Road 23, about 500 feet northeast of Douglas Road (17288 and 17316 State Road 23). See Map 1. B. Legal Description The Annexation Area is part of the Southwest Quarter (1/4) of the Southeast Quarter (1/4) of Section 29, Township 38 North, Range 3 East, in Clay Township, St. Joseph County, Indiana. For a complete legal description, see Page 14. C. Contiguity The Annexation Area is at least 1/8 (12.5 %) contiguous to the current City limits: Contiguous 384 feet 25.0% Non - Contiguous 1.154 feet 75.0% Total 1,538 feet 100% D. Size of Annexation Area The Annexation Area is approximately 2.65 acres in area. Rainbow Child Annexation Area 4 E. Buildings and Land Use The Annexation Area contains two single - family houses. The two houses would be demolished for a proposed day care. F. Zoning & Subdivisions The two properties in the Annexation Area are currently zoned "R" Single Family District in St. Joseph County. With the annexation petition, the petitioner is seeking to rezone the property to "0" Office District in the City. One of the parcels in the Annexation Area falls within the Standard Federal Bank Replat, while the other parcel does not fall within any subdivision of record. G. Population Two (2) people currently reside in the Annexation Area. After development, no residents are proposed to live in the Annexation Area. H. Tax Rate The tax rates used are those of 2013 payable 2014. The total tax rate for unincorporated Clay Township is 2.8058 per $100 of taxable real estate. The total tax rate for South Bend Clay Township is 6.0039 per $100 of taxable real estate. Per HEA 1001, the tax caps expressed as a percentage of the gross assessed value for different classifications of property are as follows, regardless of the property's location being within South Bend or unincorporated St. Joseph County: Property Type Cap Homestead Residential 1.0% Non - Homestead Residential 2.0% Agricultural 2.0% Other (Commercial) 3.0% I. Assessments 2013 payable 2014, St. Joseph County Auditor property tax records: Land: $ 70,800 Improvements: $149,100 Total (Gross): $219,900 Total (Net): $219,900 Rainbow Child Annexation Area 5 J. Municipal Legislative District The Annexation Area will be in the 4th District. K. Hiring Plan It is not anticipated that this annexation will result in the elimination of jobs for employees of any other governmental entities. The Clay Township Trustee has been notified of this proposed annexation. Rainbow Child Annexation Area 6 SECTION III. MUNICIPAL SERVICES A. Public Works Sewer - The nearest sanitary sewer is a 10 "- diameter pipe, ten or more feet deep in Douglas Road, south of the Annexation Area. An 8" pipe stub has been extended northward from the Douglas Road sewer to the east property line of the property at the northeast corner of State Road 23 and Douglas Road. The petitioner must extend sewer lines to the north boundary of the Annexation Area to permit future expansion. Extension of sewer to the Annexation Area would be done at the petitioner's cost. Water- The South Bend Water Works currently has a 12" water main on the west side of State Road 23. The water main will provide more than adequate service to the Annexation Area. Also, Mishawaka has water lines on the east side of State Road 23, immediately adjacent to the project site. Extensions of, or taps into sanitary sewer and water lines shall be governed by I.C. 36- 9 -22 -2, I.C. 8 -1.5 -3 and 4, and the rules and regulations of the South Bend Water Works and Sewer Utility. Street Lighting - State Road 23 currently has street lights at its intersections with Douglas Road and Dugdale Drive. No additional street lighting is necessary for this Annexation Area. Waivers of Annexation - No waivers of right to remonstrate against annexation are in effect forth is area. Streets - No new public streets are proposed as part of this annexation. The only public right - of -way within the Annexation Area is State Road 23, a state highway that will continue to be maintained by the Indiana Department of Transportation. Thus, the City will not have any additional street maintenance expenses, and no additional gas tax reimbursements will be realized. An INDOT permit will be required for any new driveway approaches to private property. 2013 Actual Budget Report for the Department: Expenditures: Miles of Roadway in City: Cost per Mile: New Mileage within Area: Estimated Maintenance Cost for Annexation Area per year: $11,235,400 @507.4 @$22,143 @0.00 miles (0 feet) @$0 Rainbow Child Annexation Area 7 B. Police Department The Annexation Area would be added to the existing Beat 11. Police patrols, traffic enforcement, and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area on this beat. At this time, it is not expected that this annexation would cause calls for service to increase significantly, and it is not anticipated that it will be necessary to increase police patrols beyond the existing beat patrol. The area under consideration is not expected to cause any unusual problems. The cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. The patrol costs would be assumed by the Police Department budget. However, this area, as well as all other areas of the City, will continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possible shifting of existing resources, such as a beat restructure. Police services and response time in this area can be expected to be comparable with that as in all other areas of the City. Police coverage to this area could begin immediately upon annexation. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2013 Actual Budget Report for the Department: Expenditures (including pension cost): Number of Households in City (2010): Cost per Household: Number of Parcels in City (2014): Cost per Parcel: Proposed Number of Households in Area Proposed Number of Parcels in Area: Cost for Annexation Area per year: $37,903,044 @39,760 @$953 @48,285 @$785 0 2 $1,570 (2 parcels x $785 / parcel) Rainbow Child Annexation Area 8 C. Fire Department Fire Response - The South Bend Fire Department provides a fully staffed, full -time fire department. The Annexation Area will be serviced primarily by Fire Station #3, located at 1805 McKinley Avenue, approximately 2.7 miles away. Approximate response time for a non - emergency call is six minutes. Additional Fire Department units would respond from Fire Station #9 at 2520 Mishawaka Avenue, which is approximately 3.6 miles away, and from Fire Station #2, located at 402 Dr. Martin Luther King Jr. Drive, which is approximately 4.2 miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Fire coverage to this area could begin immediately upon annexation. Adequate water supply will be necessary as development takes place. Emergency Medical Response - The City will provide emergency medical response to the Annexation Area. This area will be serviced by Medic #2, which is at Fire Station #1, located at 1222 S. Michigan Street (approximately 4.8 miles away) and Medic #3, which is at Fire Station #2, located at 402 Dr. Martin Luther King Jr. Drive (approximately 4.2 miles away). Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Emergency medical services are supported by user fees and would be available upon annexation. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2013 Actual Budget Report for the Department: Expenditures (including pension cost): Number of Households in City (2010): Cost per Household: Number of Parcels in City (2014): Cost per Parcel: Proposed Number of Households in Area Proposed Number of Parcels in Area: Cost for Annexation Area per year: D. Code Enforcement $49,723,023 @39,760 @$1,251 @48,285 @$1,030 0 2 $2,060 (2 parcels x $1,030 / parcel) The Annexation Area will be added to Area 4. The Department of Code Enforcement will be able to provide services to the Annexation Area with comparable response times. The Rainbow Child Annexation Area 9 Department will respond to calls for service upon the effective date of the annexation. Full and dedicated response will be in place within one year of the effective date of the annexation. 2013 Actual Budget Report for the Department: Expenditures: Number of Parcels in City (2014): Cost per Parcel: Proposed Number of Parcels in Area: Cost for Annexation Area per year: E. Environmental Services $2,905,620 @48,285 @$60 2 $120 (2 parcels x $60 / parcel) Wastewater Treatment - Wastewater treatment services are supported by user fees, and are paid through the Water Works billing system. Solid Waste - Larger scale industrial, commercial, and apartment customers are generally not served by the Bureau of Solid Waste. However, the Bureau of Solid Waste is able to provide service to small commercial customers at $12 per month, or the prevailing rate at that time, for a 96 gallon container with service beginning on the effective date of the annexation. F. Administrative Services The City of South Bend provides a wide range of services other than those noted above, such as the Mayor's Office, the Legal Department, and Parks & Recreation. These services are available upon the effective date of the annexation. Full and dedicated response for non - capital services will be in place within one year of the effective date of the annexation. Costs for these services have not been calculated. The incorporation of the Annexation Area will not affect the provision of other services currently provided to this property on a countywide basis. The St. Joseph County Health Department, the St. Joseph County Public Library, the Area Plan Commission, and the St. Joseph County /South Bend Building Department are among the countywide agencies that will continue to provide the same type and level of services to the Annexation Area. Countywide services will continue to be supported by the County and Township taxes that will remain in effect. Rainbow Child Annexation Area 10 SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA This proposed annexation will add to the City of South Bend two single - family parcels intended to be redeveloped for a day care facility. The Annexation Area is presently zoned "R" Single Family District in unincorporated St. Joseph County. Another single - family home zoned "R" Single Family District in unincorporated St. Joseph County is located to the north and east. Also to the east is Memorial Home Care, zoned "CB" Community Business District in the City. To the south are three vacant parcels, zoned "CB" Community Business District in the City, and Old National Bank, zoned "C" Commercial District in the County. To the west are office uses zoned "B" Business District in the County. The Annexation Area is located near the intersection of State Road 23 and Douglas Road, noted as a regional commercial node on the future land use map of City Plan, South Bend's comprehensive plan. A concentration of commercial and office uses is found near the intersection, with residential uses surrounding them. The proposed land use is consistent with the general character of the area and its development trends. The proposed rezoning to "0" Office District could create a logical transition from the commercial and office uses to the west and southwest of the Annexation Area to the residential uses to the northeast. The petitioner proposes removing the two existing single - family houses and accessory structures to build a child care center. The preliminary site plan shows a building of about 10,800 square feet, playground areas, and a parking area with 33 spaces. The two existing residential driveway approaches would be consolidated into one opposite Dugdale Drive. The petitioner should give careful consideration to urban design and pedestrian circulation elements as part of their site planning. The driveway approach to State Road 23 should be limited to a maximum 24' in width, consistent with City standards, and should properly align with Dugdale Drive. Landscaping at levels at least consistent with the zoning ordinance should be provided. The parking area along State Road 23 should be screened with a hedge row. Any improvements or future changes must meet the City's applicable building, zoning, and subdivision ordinances. The development of the site requires a drainage plan. No public storm sewer is available to the site. No adjacent ditch, stream, or other surface water outlet is adjacent to the Annexation Area. Retention basins and low- impact means to promote infiltration of surface water will be required. The developer will also be required to create an erosion control plan and obtain a permit. Rainbow Child Annexation Area 11 SECTION V. FISCAL IMPACT 1) Essential city services can be made available to the residents (and territory) of the Annexation Area in a timely and comparable fashion per the requirements of State law and this fiscal plan. 2) The City is financially able to support city services to the territory sought to be annexed 3) Required improvements made by the petitioner and /or owner of the parcel(s) must be made in accordance with the standards of the City of South Bend. 4) Required improvements made by the City will be completed within the time frames provided by State law and this fiscal plan. 5) All figures are estimates. Final cost of capital expenditures, if any, will not be determined until bids are publicly solicited, contracts are awarded, and projects are closed out. 6) Property tax revenue and land assessment estimates are based on a combination of: 2013 payable 2014 tax information, taxes paid in previous years by a comparable development, estimates of units built, estimates of unit values and land assessments, and tax abatements or adjustments, if any. Tax rates are subject to change every year, and property tax revenues may be subject to tax caps. 7) Department expenditures and revenues are derived from the City of South Bend Budget. 8) The estimated costs to provide services, noted in Section III, Municipal Services, is a City- wide average based on a particular budget year. In the case of the proposed development in the Annexation Area, some of these services may not be required or possibly requested for many years. Hence, the cost of providing services over the first five years should be evaluated with this in mind. Rainbow Child Annexation Area 12 TABLE 1 Summary Table - Estimated Fiscal Impact Expenditures Capital (Est.) Non - Capital Per Year (Est.) Notes 5 -Year Total Street Construction $0 $0 Sewer Extension $0 Connection at petitioner's expense $0 Water Extension $0 Connection at petitioner's expense $0 Street Lights $0 $0 Street Maintenance $0 $0 Police $0 $1,570 Fire $0 $2,060 a$;7,850 00 Code $0 $120 0 Approximate 5 -Year Expenditures 50 Notes .) 5 -Year Total 7Taxes Year1 $41,141 Year M$9,143 Year 3 Year4 Year $9,143 MVH /LRSA Estimated at revenue per mile of $20,000 $0 $0 Approximate 5 -Year Revenues $41,141 Revenue estimate based on $219,900 net assessment and capped commercial tax rate of 3% of $219,900 gross assessment prior to development and $396,000 net assessment and capped commercial tax rate of 3% of $440,000 gross assessment, first taxable in Year 2. Rainbow Child Annexation Area 13 SECTION VI. APPROVAL Approved by the City of South Bend Common Council this day of 2014. File in 'Iff6ce I X014 JiShft �t�s% +'..0 >Eb CITY CI ERN, SOUJ'g SEND, IN Rainbow Child Annexation Area 14 LEGAL DESCRIPTION Part of the Southwest Quarter of the Southeast Quarter of Section 29, Township 38 North, Range 3 East located in St. Joseph County, Indiana described as follows: Commencing at the Southeast Corner of said Quarter Quarter Section thence North 00 degrees 17 minutes 29 seconds East along the East Line of said Quarter Quarter Section 200.00 feet to the Point of Beginning of the herein described parcel; thence North 90 degrees 00 minutes 00 seconds West 197.64 feet; thence North 00 degrees 00 minutes 00 seconds East 80.00 feet; thence North 90 degrees 00 minutes 00 seconds West 143.66 feet to the eastern right -of -way of State Road 23; thence continuing North 90 degrees 00 minutes 00 seconds West 123.62 feet to the western right -of -way of State Road 23; thence North 43 degrees 16 minutes 41 seconds East along last said right -of -way 430.58 feet; thence South 89 degrees 04 minutes 26 seconds East 121.78 feet to the eastern right -of -way of State Road 23; thence continuing South 89 degrees 04 minutes 26 seconds East 49.97 feet; thence South 00 degrees 17 minutes 29 seconds West along said east line 390.71 feet to the Point of Beginning containing 2.65 Acres more or less. Filed in 'office 1 N14 CITY CLERIC, SOUii4 BEND, IN Rainbow Child Annexation Area MAP 1 Rainbow Child Annexation Area l 0 125 250 500 750 QCity of South Bend = Rainbow Child Annx Area Feel Prepared by City of South Bend De pa rtment of C ommu nity, Investment July25,2014 15 Filed it', - Office ZU14 CITY CLER E, SOUTH BEND, IN 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 October 20, 2014 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR Oliver Davis, President South Bend Common Council 4th Floor, County -City Building PHONE: 574 /235 -9371 FAx:574/235 -9021 RE: A Resolution of the Common Council of the City of South Bend, Indiana, Adopting a Written Fiscal Plan and Establishing a Policy for the Provision of Services to an Annexation Area in Clay Township (Rainbow Child Annexation Area) Dear Councilman Davis: I am attaching for filing the above resolution, which is a companion to Bill No. 42 -14. That bill proposes to voluntarily annex contiguous territory in Clay Township to the City of South Bend. The resolution provides for the Common Council's approval and adoption of the written plan and policy concerning the provision of services, both capital and non - capital, to the territory to be annexed. This 2.65 -acre annexation area contains two parcels on State Road 23, northeast of Douglas Road, and adjacent right -of -way. All public improvements, if any, will be required to be done at the expense of the developer. I request that the attached resolution be placed on the October 27, 2014, agenda of the Common Council meeting at which the companion Bill is given Second Reading. I will be attending the meeting, as well as the Zoning & Annexation Committee hearing, as the presenter. If you have any questions, please feel free to contact me at 235 -5843. Thank you. Sincerely, Michael P. Divita Planner cc: Janice Talboom, City Clerk's Office File 1 2014 LF JOHN CITY CI."" g IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING CERTAIN DECLARATORY RESOLUTIONS AND AMENDMENTS TO THE DEVELOPMENT PLANS FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA, THE NEAR NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA, AND THE SOUTHSIDE DEVELOPMENT AREA ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission "), governing body of the City of South Bend (the "City ") Department of Redevelopment (the "Department") and the Redevelopment District of the City of South Bend, Indiana (the "Redevelopment District'), exists and operates under the provisions of the Redevelopment of Cities and Towns Act of 1953 which has been codified in Indiana Code 36 -7 -14, as amended from time to time (the "Act'); and WHEREAS, the Commission on August 28, 2014, approved and adopted its Resolution No. 3227 entitled "Resolution of the South Bend Redevelopment Commission Designating and Declaring a Certain Area as a Redevelopment Area for the Purpose of Amending the Boundaries of the South Side Development Area and its Allocation Area and to Amend the Development Plan for the South Side Development Area" (the "SSDA Declaratory Resolution "); and WHEREAS, the SSDA Declaratory Resolution (i) designated and declared a certain area within the City to be a redevelopment area and an allocation area for purposes of tax increment financing (the "SSDA Expansion Area ") to expand the existing South Side Development Area (the "South Side Area ") to include the former Scottsdale Community Center in the South Side Area; (ii) added the Scottsdale Community Center to the South Side acquisition list; and (iii) approved an amendment (the "SSDA Plan Amendment') to the development plan for the South Side Area (as amended by the SSDA Plan Amendment, such plan shall be referred to herein as the "SSDA Plan"); and WHEREAS, the Commission on August 28, 2014, approved and adopted its Resolution No. 3228 entitled "Resolution of the South Bend Redevelopment Commission Designating and Declaring Certain Areas as Redevelopment Areas and Adding Certain Territory from the South Bend Central Development Area for the Purpose of Amending the Boundaries of the Northeast Neighborhood Development Area and the Northeast Neighborhood Development Area Allocation Area No.1 and Approving an Amendment to the Development Plan for Said Area" (the "NNDA Declaratory Resolution "); and US.54744386.03 WHEREAS, the NNDA Declaratory Resolution (i) consolidated into the Northeast Neighborhood Development Area (the "Northeast Neighborhood Area ") certain territory which was previously part of the South Bend Central Development Area (the "Central Development Area "); (ii) designated and declared certain areas within the City to be redevelopment areas and allocation areas for purposes of tax increment financing (the "NNDA Expansion Area ") to expand the existing Northeast Neighborhood Area; (iii) transferred certain previously included property on the Central Development Area acquisition list to the NNDA acquisition list; and (iv) approved an amendment (the "NNDA Plan Amendment') to the development plan for the Northeast Neighborhood Area (as amended by the NNDA Plan Amendment, such plan shall be referred to herein as the "NNDA Area Plan"); and WHEREAS, the Commission on August 28, 2014, approved and adopted its Resolution No. 3229 entitled 'Resolution of the South Bend Redevelopment Commission Designating and Declaring Certain Areas as Economic Development Areas to Amend the Boundaries of the Airport Economic Development Area by Adding the Remainder of the South Bend Central Development Area, Certain Territory of the West Washington- Chapin Development Area and Certain Expansion Areas to the Airport Economic Allocation Area No. 1 and Approving of an Amendment to the Development Plan for the Airport Economic Development Area" (the "Airport Area Declaratory Resolution "); and WHEREAS, the Airport Area Declaratory Resolution (i) consolidated into the Airport Economic Development Area (the "Airport Area ") the portion of the remaining territory of the Central Development Area; (ii) added certain territory of the West Washington- Chapin Development Area (the "W WC Area ") into the Airport Area; (iii) designated and declared certain areas within the City to be economic development areas and allocation areas for purposes of tax increment financing (the "Airport Area Expansion Areas ") to expand the existing Airport Area; (iv) removed certain territory from the Airport Area; (v) terminated the allocation provisions relating to the Downtown Medical Services District within the City; (vi) added certain parcels of property to the Airport Area acquisition list; (vii) transferred certain previously included property on the Central Development Area acquisition list to the Airport Area acquisition list; (viii) transferred certain previously included property on the WWC Area acquisition list to the Airport Area acquisition list; and (ix) approved an amendment (the "Airport Area Plan Amendment') to the economic development plan for the Airport Area (as amended by the Airport Area Plan Amendment, such plan shall be referred to herein as the "Airport Area Plan"); and WHEREAS, on October 21, 2014, the St. Joseph County Area Plan Commission (the "Plan Commission ") adopted and approved its resolution, a copy of which is attached hereto as Exhibit A, determining the SSDA Declaratory Resolution, the NNDA Declaratory Resolution and the Airport Area Declaratory Resolution (collectively, the "Declaratory Resolutions ") and the SSDA Plan, the NNDA Plan and the Airport Area Plan (collectively, the "Development Plans ") as respectively amended by the SSDA Plan Amendment, the NNDA Plan Amendment and the Airport Area Plan Amendment (collectively, the "Plan Amendments "), and designated such resolution as the written order of the Plan Commission approving the Declaratory Resolutions and the Development Plans, as respectively amended by the Plan Amendments, as required by Section 16 of the Act (the "Plan Commission Order "); and US.54744386.03 - 2 - WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the legislative body of the City; and WHEREAS, the Common Council of the City (the "Common Council ") is the legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to continue to proceed with the redevelopment and economic development of the South Side Area, the Northeast Neighborhood Area and the Airport Area; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Plan Commission Order is hereby approved, ratified and confirmed in all respects. SECTION II. The determination that the Airport Area Expansion Areas constitute an economic development area under the Act is hereby approved pursuant to Section 41(c) of the Act. The determination that the SSDA Expansion Area and the NNDA Expansion Area each constitutes a redevelopment area is hereby approved pursuant to Section 15 of the Act. SECTION III. The determination to consolidate certain territory of the Central Development Area into the Northeast Neighborhood Area is hereby approved. SECTION IV. The determination to consolidate certain territory of the Central Development Area and certain territory of the WWC Area into the Airport Area is hereby approved. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. D1;FstNTW -.r got wpPP.Owa ADOPTED COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA 0(,,� -�- va ,1 Member of the Common Co i MOO Ifi Filed in Clerk's 6010 1 ?014 ,1. NN N'0 inw, CITY 4_RK, POUT" SI Np, IN US.54744386.03 - 3 - EXHIBIT A Plan Commission Order See attached US.54744386.03 RESOLUTION NO. 237-14 RESOLUTION OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING RESOLUTIONS OF THE SOUTH BEND REDEVELOPMENT COMMISSION TO AMEND THE BOUNDARIES OF THE AIRPORT ECONOMIC DEVELOPMENT AREA, THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA AND THE SOUTHSIDE DEVELOPMENT AREA AND APPROVING OF AMENDMENTS TO THE DEVELOPMENT PLANS FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA, THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA AND THE SOUTHSIDE DEVELOPMENT AREA WHEREAS, the St. Joseph County Area Plan Commission (the "Area Plan Commission "), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana (the "City"); and WHEREAS, the South Bend Redevelopment Commission (the "Commission "), the governing body of the South Bend Department of Redevelopment (the "Department ") on August 28, 2014, approved and adopted its Resolution No. 3227 entitled "Resolution of the South Bend Redevelopment Commission Designating and Declaring a Certain Area as a Redevelopment Area for the Purpose of Amending the Boundaries of the South Side Development Area and its Allocation Area and to Amend the Development Plan for the South Side Development Area" (the "SSDA Declaratory Resolution "); and WHEREAS, the SSDA Declaratory Resolution (i) designated and declared a certain area within the City to be a redevelopment area and an allocation area for purposes of tax increment financing (the "SSDA Expansion Area ") to expand the existing South Side Development Area (the "South Side Area "); (ii) added the Scottsdale Community Center to the South Side Area acquisition list; and (iii) approved an amendment (the "SSDA Plan Amendment ") to the development plan for the South Side Area (as amended by the SSDA Plan Amendment, such plan shall be referred to herein as the "SSDA Plan"); and WHEREAS, the Commission on August 28, 2014, approved and adopted its Resolution No. 3228 entitled 'Resolution of the South Bend Redevelopment Commission Designating and Declaring Certain Areas as Redevelopment Areas and Adding Certain Territory- from the South Bend Central Development Area for the Purpose of Amending the Boundaries of the Northeast Neighborhood Development Area and the Northeast Neighborhood Development Area Allocation Area No.1 and Approving an Amendment to the Development Plan for Said Area" (the "NNDA Declaratory Resolution "); and WHEREAS, the NNDA Declaratory Resolution (i) consolidated into the Northeast Neighborhood Development Area (the "Northeast Neighborhood Area ") certain territory of the South Bend Central Development Area (the "Central Development Area "); (ii) designated and declared certain areas within the City to be redevelopment areas and US.54748642.03 allocation areas for purposes of tax increment financing (the "NNDA Expansion Area ") to expand the existing Northeast Neighborhood Area; (iii) transferred certain previously included property on the Central Development Area acquisition list to the NNDA acquisition list; and (iv) approved an amendment (the "NNDA Plan Amendment ") to the development plan for the Northeast Neighborhood Area (as amended by the NNDA Plan Amendment, such plan shall be referred to herein as the "NNDA Area Plan"); and WHEREAS, the Commission on August 28, 2014, approved and adopted its Resolution No. 3229 entitled 'Resolution of the South Bend Redevelopment Commission Designating and Declaring Certain Areas as Economic Development Areas to Amend the Boundaries of the Airport Economic Development Area by Adding the Remainder of the South Bend Central Development Area, Certain Territory of the West Washington - Chapin Development Area and Certain Expansion Areas to the Airport Economic Development Area, Designating Such Territories and Areas as Part of the Airport Economic Development Area Allocation Area No. 1 and Approving of an Amendment to the Development Plan for the Airport Economic Development Area" (the "AEDA Declaratory Resolution "); and WHEREAS, the AEDA Declaratory Resolution (i) consolidated into the Airport Economic Development Area (the "Airport Area ") the portion of the remaining territory of the Central Development Area; (ii) consolidated certain territory of the West Washington- Chapin Development Area (the "WWC Area ") into the Airport Area; (iii) designated and declared certain areas within the City to be economic development areas and allocation areas for purposes of tax increment financing (the "Airport Area Expansion Areas") to expand the existing Airport Area; (iv) removed certain parcels of property from the Airport Area; (v) terminated the allocation provisions relating to the Downtown Medical Services District within the City; (vi) added certain parcels of property to the Airport Area acquisition list; (vii) transferred certain previously included property on the Central Development Area acquisition list to the Airport Area acquisition list; (viii) transferred certain previously included property on the WWC Area acquisition list to the Airport Area acquisition list; and (ix) approved an amendment (the "AEDA Plan Amendment ") to the economic development plan for the Airport Area (as amended by the AEDA Plan Amendment, such plan shall be referred to herein as the "AEDA Plan"); and WHEREAS, the Plan Commission desires to approve the SSDA Declaratory Resolution, the NNDA Declaratory Resolution and the AEDA Declaratory Resolution (collectively, the "Declaratory Resolutions ") and the SSDA Plan Amendment, the NNDA Plan Amendment and the AEDA. Plan Amendment (collectively, the "Plan Amendments ") which amend, respectively, the SSDA Plan, the NNDA Plan and the AEDA Plan (collectively, the "Plans "); and WHEREAS, the Commission has submitted the Declaratory Resolutions and the Plan Amendments to the Plan Commission for approval pursuant to the provision of Indiana Code 36 -7 -14, as amended (the "Act'), which Declaratory Resolutions and Plan Amendments are attached hereto and made a part hereof; and WHEREAS, pursuant to the provisions of the Act, the Plan Commission desires to issue its written order approving the Declaratory Resolutions and the Plan Amendments; -2- US.54748642.03 NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area Plan Commission, as follows: 1. That Declaratory Resolutions and the Plans, as amended by the Plan Amendments, conform to the plan of the development of the City. 2. The Plan Amendments are in all respects approved, ratified and confirmed. 3. That the SSDA Declaratory Resolution (i) designating and declaring certain territory as the SSDA Expansion Area to expand the existing South Side Area; (ii) adding the Scottsdale Community Center to the South Side Area acquisition list; and (iii) approving the SSDA Plan Amendment to the SSDA Plan is in all respects approved, ratified and confirmed. 4. That the NNDA Declaratory Resolution (i) consolidating into the Northeast Neighborhood Area certain territory of the Central Development Area; (ii) designating and declaring certain areas to be the NNDA Expansion Area to expand the existing Northeast Neighborhood Area; (iii) transferring certain previously included property on the Central Development Area acquisition list to the NNDA acquisition list; and (iv) approving the NNDA Plan Amendment to the NNDA Area Plan, is in all respects approved, ratified and confirmed. 5. That the Airport Declaratory Resolution of the Commission, (i) consolidating into the Airport Area ") the portion of the remaining territory of the Central Development Area; (ii) adding certain territory of WWC Area into the Airport Area; (iii) designating and declaring certain territory as the Airport Area Expansion Areas to expand the existing Airport Area; (iv) removing certain parcels of property from the Airport Area; (v) terminating the allocation provisions relating to the Downtown Medical Services District within the City; (vi) adding certain parcels of property to the Airport Area acquisition list; (vii) transferring certain previously included property on the Central Development Area acquisition list to the Airport Area acquisition list; (viii) transferring certain previously included property on the WWC Area acquisition list to the Airport Area acquisition list; and (ix) approving the AEDA Plan Amendment to the AEDA Plan, is in all respects approved, ratified and confirmed. 6. This Resolution hereby constitutes the written order of the Area Plan Commission approving the Declaratory Resolutions and the Plan Amendments pursuant to Indiana Code 36- 7- 14 -16. 7. That the Secretary of the Plan Commission is hereby directed to file copies of the Declaratory Resolutions and the Plan Amendments with the minutes of this public meeting. 8. That this Resolution shall supersede and replace Resolution 235 -14 approved September 16, 2014, and shall be in full force and effect from and after its adoption by the Plan Commission. -3- US.54748642.03 9. PASSED, ISSUED AND APPROVED by the St. Joseph County Area Plan Commission this 215` day of October, 2014. ST. JOSEPH COUNTY AREA PLAN COMMISSION ATTEST: �1 G - Lit Secretary ) US.54748642.03 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR Gavin Ferlic Committee Chair Community Investment Committee Mr. Ferlic: PHONE: 574 /235 -9371 FAX: 574/235 -9021 Area Plan Commission (APC) resolution regarding bill # 14 -91 sought to confirm the goals of the amend TIF boundaries with the goals of the City's Plan (the adopted plan for South Bend). APC previously confirmed the goal to amend the TIF boundaries with the Airport Economic Development Area Plan. On October 21, 2014 APC resolution 237 -14 confirmed amending TIF boundaries in declaratory resolution 3228 by the Redevelopment Commission conformed to the City Plan. Attached is the signed APC resolution and should be attached as the exhibit for bill 14 -91. Brock Zeeb Director of Economic Resources Department of Community Investment PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C. MEYER CHRIS FIELDING BROCKZEEB RESOLUTION NO. ( l t �J I 1�' i A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROPOSING THAT A STUDY COMMISSION BE ESTABLISHED TO STUDY CURRENT TIF ECONOMIC DEVELOPMENT POLICIES AND PROCEDURES e the South Bend Common Council recognizes that tax increment financing (TIF) is a financing mechanism established by the Indiana General Assembly which authorizes the capturing of property taxes attributable to increases in assessed value, with such capture monies then being used to fund improvements and development in designated TIF areas; and Qf)C, the Common Council further recognizes that in the City of South Bend 39.5% of the land is currently in one of nine (9) TIF allocation areas, namely: Airport Economic Development Area Douglas Road Economic Development Area Northeast Neighborhood Development Area South Bend Central Development Area Southside Development Area West Washington Development Area; and QOC,— the City Administration is proposing that the percentage of the City of South Bend covered in a TIF be increased from 39.5% to 42% through a TIF realignment; and dXrem7y the Common Council recognizes that on March 5, 2012, the City County Council of the City of Indianapolis and of Marion County, Indiana, adopted Resolution No. 36, 2012. That Resolution established an eight (8) member Tax Increment Financing (TIF) Study Commission to "examine and investigate current economic development policies and procedures relating to the use of tax increment financing (TIF)...; and g the Tax Increment Financing (TIF) Study Commission in Indianapolis and Marion County was assisted by the Chief Financial Officer and General Counsel and was charged with reviewing and making recommendations on their economic development policies and procedures related to TIF and was to share information and issue a report of its preliminary findings within approximately 45 -days of its creation and a final report within approximately 90 -days of the creation of the special Study Commission; and 6*%�y the Tax Increment Financing (TIF) Study Commission in Indianapolis and Marion County Report presented very comprehensive data which included among other things exhibits which addressed the City of Indianapolis TIF Funded Projects; Standard & Poor's Criteria as well as Moody's criteria and ratings data; TIF Peer Cities Case Study Research; which noted among other things that there the creation of a TIF district could have an adverse impact in three (3) circumstances which the Indianapolis Study identified when circumstances reveal that it was: • "Poorly Conceived Project or TIF District" • "Bad Investment" "Unmanaged AV Capture" [Indianapolis - Marion County Council Tax Increment Financing Study Commission Appendix 3: Supporting Documents] 4 the Common Council recognizes that TIF provides a mechanism so that redevelopment is self - financed and that TIF shifts the risk of redevelopment from the City's taxpayers to bondholders. TIF Resolution Page 2 u &ra t6a► lo«d �iafe �r +6gPai, 9�Cdir. J aQ : Section I. Establishment of Study Commission and Deadlines: The Common Council of the City of South Bend, Indiana, believes that a seven (7) member Tax Increment Financing (TIF) Study Commission should and is hereby established for the purpose of examining and investigating current economic development policies and procedures, as well as "best practices" for the use of tax increment financing (TIF) in the City of South Bend; and that such Commission hold public hearings and take public input and make its findings and recommendations for improvement in writing to the Common Council no later than Monday, January 12, 2015. Section II. 7- Member Commission: The Tax Increment Financing (TIF) Study Commission shall be composed of seven (7) members, as follows: Community Investment Committee Chairperson, the South Bend City Controller, the St. Joseph County Auditor, a member of the Redevelopment Commission, a representative from a Chamber of Commerce operating and doing business in the city; at least one (1) member from the banking community doing business in South Bend, and a business owner from the minority business community. Non - designated positions shall be appointed as follows: one (1) by the Mayor and the remainder appointed by the Common Council, with all required to be residents of the City of South Bend. Applications for appointment consideration must be filed with the Office of the City Clerk within fifteen (15) days after the adoption of this Resolution. Section III. Quorum, Proxies, First Meeting: The Commission shall be governed by Indiana's Open Door Law with notice being given of all of its meetings. Four (4) members of the Commission shall constitute a quorum. A commission member may in limited circumstances designate a proxy to participate in a Commission meeting upon notice of the name of the proxy being filed with the Office of the City Clerk. The Common Council's Community Investment Chairperson shall call the first meeting of the Commission as soon as practical following the adoption of this Resolution. Section IV. Staffing: The Commission shall have staff assistance from the City of South Bend's Department of Administration and Finance and the Law Department. Section V. Powers and Duties of the Commission: The Commission shall review and make advisory recommendations as to "best practices" on the City of South Bend's economic development policies and procedures related to TIF, including but not limited to the following: 1. Summary of the City of South Bend's policies, past practices and history since TIF was established locally in the City for the establishment of TIF districts and projects therein; and 2. Summary of the City of South Bend's policies, past practices and history used in the City for the expenditure of TIF district funds and the issuance of debt backed by TID district funds; and 3. Summary of the current City of South Bend's TIF districts and associated fund balances, debt obligations and past expenditures; and 4. Determination of whether there is a need for new methods to increase transparency of City of South Bend TIF districts' funds and the expenditure of those funds, including an online database of TIF districts' funds and expenditures, periodic reporting of TIF districts' financial data to the City Controller, the St. Joseph County Auditor, the South Bend Common Council, and taxing districts impacted by TIF; as well as quarterly evening public meetings which would be more accessible to the working public than the current morning meetings held by the Redevelopment C omission; and Determination of whether there is a need for new methods to increase accountability, including the establishment of new performance standards in the establishment of TIF districts to ensure targeting of TIF districts to revitalize blighted areas of the City of South Bend and job creation; and TIF Resolution Page 3 6. Determination of whether there is a need to provide that performance goals for private development which received TIF and methods provide for consequences if there is a failure to achieve such goals; and 7. Determination of whether there is a need for a comprehensive economic development plan to ensure the creation and development of TIF district and projects therein in a more coordinated fashion which is consistent with the economic development goals of job creation and community revitalization; and 8. Determination of whether there is a need for periodic review of established TIF districts and projects thereinto ensure performance towards economic development goals and cost/benefit analysis; and 9. Summary of the impact of TIF districts from their inception through July 1, 2014, on St. Joseph County taxing districts that depend on property tax revenue and whether there is a need to mitigate negative impact to those taxing districts, including development of standards and methods to return excess TIF district funds to those units and the methodology used in such determinations; and 10. Summary of whether there is a need for TIF Realignment and established methods addressing the dismantling of TIF districts which are no longer needed and/or address projects there that are not achieving economic development goals. Section VI. Information Sharing: City entities shall share information and cooperate with the commission, including, without limitation, permitting personnel to meet with commission members and testify in front of the Commission. Section VII. Commission Reports: The Commission shall make a written report containing its preliminary findings and advisory recommendations to the Common Council by Monday, November 24, 2014. The Commission shall make its final report setting forth its advisory recommendations and "best practices" recommendations on or before Monday, January 72, 2015. Section VIII. Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Voting in Favor Voting Against John Voorde, City Clerk PP Et;Eld T ED Ft0J; 9 OYTID r,r)(VTM, Henry Davis, Jr., 2 "d District South Bend Common Council FC-�T ~ 7' CUi4 JOHN Yk"- .F >;tsCt CITY CLERK, SOUTH BEND, IN to J,(lU Ty R� City of South Bend Common Council 1_845_ . 441 Counry-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Oliver J. Davis President Derek D. Dieter Vice - President Valerie Schey Chairperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large Karen L. White October 8, 2014 Dear Fellow Colleagues: (574) 235 -9321 Fax (574) 235 -9173 http://www.soutbbmdin.gov Please accept this resolution as an alternative to the current TIF realignment project. We have a fiduciary obligation and responsibility to our constituents. As Council members it compels us to thoroughly examine, ponder over and digest information prior to and approving and making any major changes to the City budget. The Common Council is being asked to blindly make an enormous change to our TIF map with very limited and scarce information. It is incumbent upon us a council members to utilize every resource at our disposal to make a well informed decision, and not make a potentially irrational decision in haste. We need to think long and hard and review the potential consequences of these proposed changes. Approximately 58 counties in Indiana have TIF districts. We began using TIF in the mid 1980s to address blighted areas, undeveloped urban areas, and over time TIF had been used to start educational programs, expanding or creating jobs through public and private partnerships or through Economic Development Areas. TIF was thought to be used primarily for infrastructure improvements within the given TIF areas however over time we have seen a change of direction throughout the State for those revenues. The Administration is asking the Common Council to assist in realigning the TIF areas to promote more economic growth. However, my question is this, "At what expense ?" Have we reviewed existing TIF districts at all? Is anyone else surprised that both a 15 year and 20 year bond was paid off in a few short years for the south side retail developments? Perhaps we should investigate further into this subject and see if we made TIF a governmental piggy bank? Perhaps we should see if the current taxes generated in each TIF are reasonable and the assessments are reasonable and not far over - reaching? At Large The attached proposal is asking the Administration and Common Council to 'slow down this action to get more information by forming a commission to do a study on the uses of TIF in South Bend. The study is to promote a vision for the revenue that has been generated by new investment and also ensure a healthier financial outlook over the next several years for South Bend and its residents. The commission will be an independent group of property owners and residents to outline the history of TIF investments and how it can used to benefit the city in the future. There must be a reason why the Indiana Legislature has voted to change or terminate the use of TIF in the future? Over the last 2 years the Administration has asked for over $3.5 million for studies conducted by outside consultants on recreating the city. The construction cost is undefined and as a district representative I am curious and anxious to know the return on investment. How many jobs are created, how many new businesses are relocating to our area, how many local construction workers are being employed, how long does this huge investment take to turn around for the benefit of the taxpayer? We two -wayed Lafayette Street adjacent to The Cove at the request of the former owner and former Mayor, Joe Kemann. My question is how many new jobs and how much new tax base has been created in that immediate vicinity since the installation of the two -way street? The answer is zero. I caution all of us on this approach. I hope the Common Council will support this resolution in efforts to make sure we are doing the work of the taxpayer and residents. South Bend is currently under a drastic change in revenue from the State given the effects from HB 1001 along with a federally mandated EPA CSO project that has an enormous cost, raised water rates, higher than most local taxes, and the list continues while trying to conduct basic city services. We would be remiss not to take some time to vet our economic future over the next several months which could impact this city for generations to come. I implore all of you to take a deep breath with me, ask some pertinent questions, demand additional information so that we can make a well informed decision for the future of this great community and the people that we serve as true public servants. In service, Q - Councilman Henry Davis, Jr. Filed in... ..J :office M4 JOHN ; : ?DCt CITY CLERK, 80,UTH BEND, IN & It pr,)- 1 � -77 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROPOSING THAT THE UNIVERSITY OF NOTRE DAME BE FORMALLY INVITED TO EXPLORE MORE CREATIVE OPTIONS FOR IT TO BE A KEY FINANCIAL PARTNER WITH THE CITY OF SOUTH BEND IN THE DEVELOPMENT, CREATION, AND SUSTAINABLILITY OF A VIABLE CITY -WIDE MODEL ON CRIME PREVENTION FOR OTHER MUNICIPALITIES THROUGHOUT THE COUNTRY TO EMULATE the South Bend Common Council recognizes that the City of South Bend is the county seat in St. Joseph County, Indiana; is the 4`h largest city in the state; and had a population of 10 1, 168 as of the 2010 U.S. Bureau of the Census; and CACma, the Council further recognizes that there are ten (10) colleges, universities and technical schools located within South Bend and the surrounding area, namely the University of Notre Dame; Indiana University South Bend, Bethel College; Saint Mary's College; Purdue University College of Technology at South Bend; Holy Cross College; Trine University South Bend; Brown Mackie College; ITT Technical Institute; and Ivy Tech Community College; and 6//79;w4 the per capita personal income in St. Joseph County is reported to be $23,420, with the State of Indiana average per capita income being $24,497, with both of these being well below the United States per capita income of $27,915; and 469;w4 the South Bend Police Department's Mission is to "protect the life, property and personal liberties of all individuals; improve the overall quality of life by deterring criminal activity and respect cultural diversity; and to deliver fair and impartial law enforcement services to all resident; and 4%;W4 unfortunately there is an unacceptable level of violent crimes occurring in our City's neighborhoods; and emu, it has been reported that "South Bend has two to three times the rate of penetrating wounds (gun and knife wounds) for cities of similar demographics — Fort Wayne, Evansville, Kalamazoo... "; and y the Council believes that stepped up efforts through the financial enhancement of partnerships with the City of South Bend is critically necessary in order to address the personnel and technology upgrades which are needed to proactively addresses these concerns; and i in June of 2009, the University of Notre Dame recognized that the University of Notre Dame announced that it would make voluntary contributions of $275,000 per year to the City in 2009 through 2013, and would make voluntary contributions of $330,000 annually in 2014 through 2018; however the City's cost to provide public safety services for home Notre Dame football games is approximately $170,000, which only leaves a gift of $160,000 annually; and Resolution Proposing a Model City -Wide Crime Prevention Financial Model Page 2 , the Common Council further recognizes that since 2001, the University of Notre Dame has provided financial assistance for the operations of the Robinson Community Learning Center located at 921 North Eddy Street in South Bend who partners with community schools with program outreach which connects approximately 8,000 youth annually and utilizes UND students participate in tutoring programs; and offers classes in basic computing in their technology center; and provides a library, conference rooms; and gathering spaces for residents and partners; and recognizes the University's leadership in developing viable partnerships for the Eddy Street Commons development; Innovation and Ignition Park; and fie, the Common Council notes that several other top universities and colleges throughout the nation have also partnered with their local communities such as: • Brown University and the City of Providence, Rhode Island signed a Memorandum of University in 2003 which committed Brown University to commit $50 million in voluntary contributions to the city over a twenty (20) year period; and in their 2012 Memorandum of Agreement agreed to provide an additional $31.5 million over eleven (11) years. Brown University also partnered with the City of Providence to open two (2) community police substations as part of its initiative to be "a leader nationally in providing support to its home municipality ". University of Chicago provides security both on and off - campus with the University paying the salaries of 140 police officers and security agents which cover a 4.2 mile area • University of Pennsylvania subcontracts with Allied Barton Security Firm for over 100 police officers who cover a 2.2 square mile area Duke University works with the Durham Police Department and have overlapping responsibilities and jurisdiction; and Q)Cv=4 the Common Council also recognizes that throughout the country payments in lieu of taxes (PILOTS) and other voluntary contribution programs have been successful to help address municipal budget deficits, spur economic growth, and address public safety concerns. Some examples include: Yale has made voluntary contributions of $82 million over the past twenty -two (22) years to New Haven, Connecticut; with Yale paying $8.2 million to New Haven in 2013 which is the `largest voluntary contribution any American University makes to its home city" Resolution Proposing a Model City -Wide Crime Prevention Financial Model Page 3 Harvard University paid $2.1 million to Boston in 2013 according to public tax records, although Harvard's campus is in Cambridge MIT made a voluntary payment to Cambridge, Massachusetts in 2013 of $2.2 million and paid over $38.6 million in real estate taxes on its commercial property Boston, which has twenty -nine (29) tax- exempt non - profit universities, began in 2011 a PILOT Program where voluntary payments based on an institution's tax- exempt property value in excess of $15 million would be eligible for a community benefits deduction which would be limited to 50% of the PILOT contribution with $24.9 million being received by the City of Boston in 2014. i Section I. Crime prevention is a top priority in the City of South Bend, Indiana, however the city does not have the financial capability to develop, create and sustain a viable city -wide model which focuses on the multi- faceted components of personnel, training, equipment, technology, and outreach which is critical to success. Section II. The University of Notre Dame is the largest employer in St. Joseph County with 5,590 employees as of December 2013. Last September, the University of Notre Dame reported that its "...endowment pool value grew from $7.4 billion on June 30, 2012, to $8.3 billion on June 30, 2013 "; and it has been recently reported that as of October 1, 2014.the endowment pool was at $9.8 billion. Section III. The City of South Bend and the University of Notre Dame have a proven track record of developing positive partnerships for the betterment of both the City and the University. Section IV. The Common Council of the City of South Bend invites the University of Notre Dame to partner with the City to explore more creative options for the University to be a key financial partner in the development, creation, and sustainability of a viable city -wide model on crime prevention. Section V. The Common Council invites the Mayor and the University of Notre Dame to a meeting aimed at further outlining this initiative. This meeting is proposed to take place on or before the Common Council meeting of November 24, 2014, at a mutually agreed time and location. Each party may have no more than five (5) representatives at this initial meeting, with the 01 District Council Member and a University representative providing an initial update to the public at the November 24 " Common Council meeting under "Special Business ". Section VI. Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Resolution Proposing a Model City -Wide Crime Prevention Financial Model Page 4 Voting in Favor Voting Against i, Office of the City Clerk vkt s and FIOY APPROVED R DOPTr^ Dr. Fred Ferlic, 4t" District South Bend Common Council Karen L. White, Council Member at Large South Bend Common Council Tim Scott, Is` District South Bend Common Council �: ,, �'/ Pete Buttigieg, Mayor City of South Bend, Indiana Filed io _ Vice Ec �'i 4-014 JCiKty !':isl ribT CITY CLERIC, 5iitlTfi FEND, IN Oliver J. Davis President Derek D. Dieter Vice - President Valerie Schey Chairperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlic Fourth District David Varner Fifth District City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 October 22, 2014 Members of the Common Council 4" Floor County -City Building South Bend, Indiana 46601 Re: City -Wide Crime Prevention Initiative Dear Council Members: (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov We are sponsoring the attached Resolution in the interest of developing "best practices" for a model crime prevention program which has the financial support in order to address short-term goals and overall financial sustainability. Each of us participated in this year's police labor negotiations. Those experiences, ongoing discussion of City -wide priorities, and our careful and detailed review of the City's finances have prompted us to propose a thoughtful mechanism. We believe that our initiative would be in the best interest of our entire city and the University of Notre Dame, which is listed as the largest employer in the "South Bend Metropolitan Area Labor Force" on page 261 of the Comprehensive Annual Financial Report (CAFR) for the fiscal year ending December 31, 2013. Our proposal is proactive and aimed to begin positive exchange of ideas all aimed Oliver J. Davis at the betterment of the City of South Bend and the surrounding areas, but we cannot Sixth District financially take on this initiative without a strong partnership. Derek D. Dieter At Large Gavin Ferlic At Large We have attached additional information which supplements our Resolution. We ask that this matter be referred to the Health and Public Safety Committee for review and recommendation; and seek your approval next Monday night. Thank you. Karen L. White Most sincerely, At Large A Dr. Fred Ferlic 4`h D' t Coun ' mberCoun mber 1st District Council Member Attachments Karen L. White v Council Member at Large Filed a€ ` Ilfice 4 l l 2 4014 JOHN t/009BE CITY CLERK, SOUTH BEND, IN Brown Supports Providence: The Facts I Brown University Brown Supports Providence: The Facts Voluntary Payments & Property Taxes • Brown joined with Providence's private colleges and universities in 2003 to sign a Memorandum of Understanding (MOU) with the city to establish a substantial and long -term financial contribution to Providence's budget equaling nearly $5o million in voluntary contributions over 20 years. Under the terms of a 2012 Memorandum of Agreement (MOA) with the city, Brown is providing an additional $31.5 million over n years ($3.9 million /year for five years and then an additional $2 million per year for six years). • Brown pays $R9 million in voluntary and property tax payments to the city ($1.5 million in property taxes and $6.4 million in voluntary payments annually). • Brown pays property tax on all parcels acquired since signing the MOU in 2003. (233 Richmond, 222 Richmond, 61 Clifford, Zoo Dyer and 121 South Main). Services & Fees Brown has a longstanding commitment to the city of Providence and has been contributing to public safety and needed infrastructure (maintaining roads, sidewalks, traffic lights, etc.) for decades. Broom pays $2.1 million in fees to the city each year, including $1.3 million for sewer utility fees, $768,000 for water, and another $103,000 in other city and state fees. Brown maintains its own alined, nationally accredited campus law enforcement agency and ambulance service, responsibilities and costs that would otherwise fall to the city. Brown also pays the city about $6o,000 each year for Providence police de- tails to supplement its own force at peak periods such as Commencement. Employer of Choice • Brown generates 8,2oo RI jobs though direct payroll employees, purchasing, construction, student spending, and visitor spending. • 1,46o employees of Brown reside in Providence. • Brown spent more than $67 million on construction in 2009, including $35 million with Rhode Island -based contractors, directly generating nearly 270 full - time- equivalent jobs in construction and related industries. • Brown generates nearly $600 million in total economic output in RI, including $22o million in salaries and wages, an impact equivalent to 1.4 percent of RI's gross state product. • Brown University purchases more than $3o million of goods and services from Providence firms each year (and more than $65 million from RI contractor's and other companies). • Visitors to Brown's new Institute for Computational and Experimental Research in Mathematics (ICERM) at 121 South Main Street added an estimated $1 million to the lo- cal economy during its first year of operation. Creating RI Jobs • Brown alumni, students and faculty have started 25 RI -based companies in the last five years. • 3o Brown- related start -ups and growth -stage companies employ an estimated Zoo people. organizations. These companies are derived from and propel RI's Pagel of 3 http: / /www. brown. edu / web / providence /brownandprovidence.html 10/23/2014 Brown Supports Providence: The Facts I Brown University knowledge economy, including biotechnology and information systems with high growth potential. Some examples are Nabsys (biotech -gene sequencing), Anders (financial services ITonline- banking), and NuLabel (green adhesive technologies). Investing in Infrastructure • Brown has continued to play an integral role in developing the knowledge economy, investing approximately $zoo million in and around the Jewelry District over the last decade, purchasing and renovating facilities and providing essential research infrastructure, neighborhood enhancements and thousands of vital construction - related jobs. Benefits of a Knowledge -Based Economy • Brown attracted and spent nearly $17o million on research in 2011, making it the leading center of scientific research and development in Rhode Island. • The Knowledge -Based Economy brings jobs, expertise, and will provide fora secure economic future. Partnering with the City Brown partnered with Providence to open two community police substations, the first on the Past Side and the second in the Jewelry District. Brown invested in numerous neighborhood enhancements in the Jewelry District, including the new public space, Ship St. Square. Plans are also underway to help support a pedestrian bridge in the India Point area employ an estimated 200 people. Partnering with Schools Brown has raised $15 million toward a commitment to raise a $ro- million endmvriumt for the children of Providence public schools. Approximately $300,000 in grants have been allocated from the Fund. Brown has active, long -term partnerships with six Providence public schools (and lends support and resources to thousands of school students in Ri's six urban districts). Part Of The Community The Howard R. Swearer Center for Public Service supports long -term community partnerships that engage more than i,600 students in in -depth initiatives with schools and community agencies each year. Some 3.300 students, 01'.55 percent of Brown undergraduates engage in community, service. Since 2005, the number of Brown alumni living in Providence has grown by 23 Pei-cent. Brown is a leader nationally in providing support to its home municipality. last updated 71312012 Brown University Providence, Rhode Island 02912, USA Phone: 401- 863 -1000 0 2012 Brown University Page 2 of 3 http: / /www.brown.edu/ web / providence /brownandprovidence.html 10/23/2014 lax haven - The Yale Herald Page 1 of 18 MORE ... CR /D /ETC. SPECIAL ISSUES ABOUT CONTACT 0 f Q The Yale Herald YALE'S MOST DARING PUBLICATION SINCE 1986 Tax haven THE BULLBLOG NEWS VOICES OP- EDS CULTURE REVIEWS YH ONLINE BY KOHLER BRUNO / SEPTEMBER 20, 2013 / 04 0 t4CE.E'ARY OMEN = 0 IN NEW HAVEN GREEN on "Tax Yale or tax you," Wendy Hamilton shouted at me. It was just after 7 p.m. on Tues., Sept. 10 and I was returning from dinner when I came upon Hamilton and her husband Jim Duarte standing on the corner of York and http: / /yaleherald.com/homepage -lead- image /cover- stories /tax - haven/ 10/23/2014 Tax haven - The Yale Herald Wall Street. Megaphone slung over her right shoulder, clipboard under her arm, she had all the regalia of a full time street activist. In her right hand she held a dog's chew toy, bright pink and shaped like a pig, which she squeaked at passersby. I stopped to take in the scene. About a week earlier I had begun research for an article about Yale's tax relationship with the city of New Haven, and here was Wendy, shouting at me through a bullhorn about nonprofit tax laws. "Yale is piggy!" she yelled, oinking her accompanying chew toy. Pedestrians gently adjusted their footpaths to swing subtly to the other part of the sidewalk, further out of range. I walked over and introduced myself. "Hi, I'm Kohler," I said. "Hi Kohler, I'm Wendy," she said. Then she said, "Yale has to start pitching in. They're not paying what they should be paying. They're not supporting New Haven." A week later I sat down with Hamilton and Duarte outside Willoughby's on York Street. She handed me two books and a small packet of documents. "I've got so, so much stuff on this," she said. "Let me know if you need any research material, anything at all." She told me she had worked as a nurse at Yale New Haven Hospital for 30 years. "Do I think my property taxes are too high ?" she asked. "Of course. We're living on social security." Duarte, who Page 2 of 18 http: / /yalcherald.com/homepage -lead- image /cover - stories /tax - haven/ 10/23/2014 i ax naven - i ne r aie neraia had been mostly silent since I turned on my recorder, chimed in here. "We're both on social security. Our property taxes for our 750 square foot apartment are over $6,000." "Tax Yale," Hamilton said, lifting her eyebrows. Yale is a big university in a small city: its campus stretches through 1,093 acres (orjust under 50 million square feet) of land in and around the city of New Haven. Granted, some of that acreage sits outside the city's boundaries in neighboring West Haven, but the vast majority— around 950 acres —lies within New Haven's city limits. In a town of just 20 square miles, 17 percent of which is un- taxable parks and open public spaces, the University's footprint is substantial: 950 acres amounts to over eight percent of the land in the Elm City, Although Yale can be defined in a variety of ways —it is at once a modern research university; a small liberal arts college; a hospital; and the city's largest employer —under Connecticut State Law, it is defined as a nonprofit corporation. That means it is exempt from taxes on its educational properties, the value of which is around $3.5 billion, according to David Cameron, DUS of the political science department and chair of the city's Financial rage .s or 15 http: / /yaleherald.com/homepage -lead- image /cover - stories /tax - haven/ 10/23/2014 Tax haven - The Yale Herald Page 4 of 18 Review and Audit Commission. By his calculations, this means that if Yale were legally a for - profit corporation, or in some other way a tax - paying entity, it would cough up about $100 million annually in property taxes. In an effort to alleviate its burden on the city's purse, every year since 1991 the university has made sizable voluntary cash payments to the city: $82 million in purely voluntary contributions over the last 22 years, including $8.2 million this year, according to Lauren Zucker, Associate Vice President and Director of New Haven Affairs at Yale. According to university officials, this is the largest voluntary contribution any American university makes to its home city. Nonetheless, some argue that Yale fails to provide enough financial support for the economically distressed city in which it sits. "I would use the relationship between Yale and the city of New Haven as a textbook case of the opposite of fair," said Richard Wolff, GRID '67, PHD '69. Wolff, now a professor at the New School in New York, studied at Yale in the 196Os before going on to teach economics at Yale from 1967 to 1969. "It is a grotesque, undemocratic, outrageous abuse of a host community by its largest landowner, its largest employer, its wealthiest citizen," Wolff told me. http: / /yaleherald.com/homepage -lead- image /cover- stories /tax - haven/ 10/23/2014 Tax haven - The Yale Herald "It is something akin to a plantation economy arrangement." Yale's tax exemption is ancient, dating back to 1745 in the days before Connecticut was a state, decades before the Revolutionary War. The colonial government decided then that as the university's stated aim was to provide a public good — specifically the instruction of Protestant ministers —it should not be subject to taxes on its educational property. Yale's charter was explicitly referenced in Connecticut's state constitution, where it remains today, cementing the university's tax - exempt status in the holiest document of the land. In the 300 -plus years that Yale has been located in New Haven, heated arguments over taxes have more than once been brought to and settled in state courtrooms. In the late 189Os, the city attempted to tax certain Yale dormitories, arguing that they did not serve an explicitly educational purpose. That attempt failed. In Yale University v. New Haven, an 1899 Connecticut Supreme Court case, the court issued the city a crushing defeat, holding that the dormitories did indeed exclusively serve educational functions and hence were entirely exempt from municipal taxation. Page 5 of 18 http: / /yaleherald.com/homepage -lead- image /cover- stories /tax - haven/ 10/23/2014 i ax naven - i ne i aie rnerara Seventy years later, in 1969, the city tried its hand once more, this time attempting to tax 149 York Street, the building in which the Yale University Press was then housed. The university sued, and by 1975 another Yale versus New Haven case had made its way to the state Supreme Court. The ruling fell in line with the 1899 decision: 149 York was tax - exempt and Yale was to be reimbursed for the taxes it had paid on it between 1969 and 1975. The university's exemption had proved shatterproof. The city's economy slumped from the late - 197Os through the '8Os, deflated since the departure of its once - robust manufacturing sector. Strapped for cash, New Haven was hungry for tax money and its eyes were set on Yale. For its part, Yale's outlook had changed dramatically by the beginning of the 199Os. When Christian Haley Prince, PC'93, was shot to death on Hillhouse Avenue, in the center of Yale's campus, in February 1991, the tragedy crystallized concerns among university administrators that families would fear sending their children to a school in a city as poor and as dangerous as New Haven. In a 2006 interview with the Wall Street Journal, Richard Levin, then Yale's president, acknowledged these anxieties. "The principal reason students didn't come here was the city," he said, rage n or 15 http: / /yaleherald.com/homepage -lead- image /cover - stories /tax - haven/ 10/23/2014 i ax naven - i ne r aie neraia alluding to the early 1990s. "There were all the drug gangs running around. We felt from the start we had to make a serious commitment to be a good partner and a good neighbor." No longer would the University so doggedly avoid making financial contributions to support the financial health of the city. Instead, administrators decided that if Yale was going to keep its streets safe —not to mention compete with Harvard and Princeton for students —then it was going to have to assume some responsibility for its surroundings. The voluntary payments began in 1991 (initially justified as compensation for the fire services the city had been providing for the university) and Yale is very proud of its track record since then. "No city in the country receives more dollars that allow it to provide services to residents because it's the home of a non - profit university than New Haven does," said Michael Morand, SY '87 DIV '93, deputy communications officer in Yale's office of public affairs and communications. "No university on the planet gives a larger contribution to its hometown than your university does," he told me. Still, the $8.2 million Yale voluntarily gave to the city this past year pales in comparison to Page 7 of 18 http: / /yaleherald.com/homepage -lead- image /cover- stories /tax - haven/ 10/23/2014 I ax haven - 1 he Yale Herald the $100 million dollars it would be compelled to pay if it were a for - profit institution. If you asked a critic of the University, he would say the city lost out on over $90 million in potential tax revenue this past year. As a means of mitigating this cost of Yale's presence in New Haven, Connecticut established a program called Payment in Lieu of Taxes. In theory, the PILOT program works by evaluating the total amount of revenue that Connecticut cities lose each year as a result of the tax - exempt properties within their boundaries — nonprofits like hospitals, universities, government buildings, and churches. Then, in theory, the state compensates these municipalities for their missing receipts. In practice, though, the system has deteriorated over the course of the last decade, failing to fully reimburse cities while creating friction between municipal governments around the state as they fight for a piece of this pool of funds. In 1999, Connecticut committed to a 77 percent reimbursement for New Haven's lost tax revenue, according to an analysis of Connecticut's PILOT funding conducted by the University of Connecticut. And when Robert Smuts, SM '01, started working for the city in Mayor DeStefano's office in 2001, he said the Page 8 of 18 http: / /yaleherald.com/homepage -lead- image /cover- stories /tax - haven/ 10/23/2014 I ax Haven - l fie Yale Herald state was reimbursing the city for almost all of the revenue it lost each year. The PILOT contribution was buttressed then by an additional state fund called the Pequot /Mohegan grant, bringing the total refund to over 90 percent of the value of lost revenue. But over the past 12 years, the state has backed off that commitment precipitously. "Now, between PILOT and the Pequot, it's something like —it's less than 40 percent, it's in the 30s," Smuts, now New Haven's chief administrative officer, said in an interview in his office at City Hall. "That's a huge hole." All this leaves New Haven pinched. The city is deep in the red —over a billion dollars deep, in fact —and some have begun to call on Connecticut to contribute more. "The state is the entity that needs to step up its game," Smuts said. "We're one of the wealthiest states in the country, and we also have some of the poorest cities in the country. There is a moral obligation to do something differently." Part of the problem New Haven faces lies herein. Not only does the city need to worry about lost revenue from Yale and Yale New Haven Hospital, but also from Albertus Magnus University, Southern Connecticut State University, and the well- endowed Hopkins School, a tax exempt independent school whose New Haven campus stretches Page 9 of 18 http: / /yaleherald.com/homepage -lead- image /cover- stories /tax - haven/ 10/23/2014 1'ax haven - the Yale Herald for more than 100 acres. Moreover, large portions of East Rock and West Rock Parks sit within the city limits, swallowing up hundreds of acres of land that might otherwise generate tax revenue for the city. Faced with a similar situation, public officials in Boston began a public relations campaign in 2011 to convince the city's nonprofits to begin to make voluntary financial contributions to the municipality in which they sit. Not only is Boston the home to 29 tax - exempt nonprofit universities, but the city is also the capital of Massachusetts, which means it must house a host of nontaxable government buildings. The upshot is that more than half of the city's property is off the tax rolls, according to Ronald W. Rakow, the city's commissioner of assessing, in comments made to the New York Times. In response to this issue, Mayor Thomas Menino convened a task force to examine the issue of nonprofit taxation, and the committee recommended that the city ask wealthy nonprofit organizations— organizations whose property was worth more than $15 million —to contribute 25 percent of what they would otherwise pay in property taxes to the city if they were not tax - exempt. While many Boston officials have been thoroughly disappointed by the outcome of their campaign, it did Page 10 of 18 http: / /yaleherald.com/homepage -lead- image /cover - stories /tax - haven/ 10/23/2014 I aX HaMi - 111G I a1C 17Gralu produce some impressive results. This year, Boston University contributed six million dollars under the plan, and, in total, the City received over $23 million in purely voluntary contributions from its nonprofit sector. In the mid- 198Os, the New Haven Board of Aldermen attempted a similar strategy, establishing a committee, the New Haven Revenue Commission, and tasking it with finding new sources of municipal tax revenue. The Commission recommended that the city commit to an aggressive lobbying campaign at the state level in order to eliminate Yale's tax exemption. Richard Wolff, the former Yale professor who now teaches at the New School, sat on the Commission and coauthored the group's report to the Aldermen. "Basic decency requires that the tax - exempt institutions be required to make reasonable payments to New Haven," Wolff wrote in 1985, specifically targeting Yale for reevaluation. In an interview on Sept. 15, Wolff vehemently condemned Yale's tax relationship with New Haven. "This is the exact definition of Robin Hood in reverse," he said. "It is a very rich university stealing from the poor to be a bit richer than it otherwise might be." rage it or 18 http: / /yaleherald.com/homepage -lead- image /cover - stories /tax - haven/ 10/23/2014 i ax naven - i ne z ate rieraia When I asked whether Yale should be making a larger contribution to New Haven, Morand pointed to the fact that Yale is already one of the top five taxpayers in the city. "Yale's nontaxable property occupies a very modest footprint in the overall land area of New Haven and it generates on a per- square -foot of land basis more income for the city than almost any other property," he said. In 1999, Yale purchased 16 bankrupt properties on Chapel Street, just to the south of Old Campus. "At the Mayor's request, the University acquired the portfolio in order to stabilize an important retail district adjacent to the University," Zucker, Yale's director of New Haven affairs, wrote in an email. This fell in line with President Levin's desire for the University to help reinvigorate the neighborhoods immediately surrounding Yale's campus. "We virtually developed the downtown with our resources," Levin told the Wall Street Journal in 2006. "There's a lot of great restaurants. It's a destination. Even the New York Times has written about'an irresistible' weekend destination. None of that could be said about New Haven in 1993." Levin declined to comment for this article, as did current President Peter Salovey and Bruce Alexander, Page 12 of 18 http: / /yaleherald.com/homepage- lead - image /cover- stories /tax - haven/ 10/23/2014 Tax haven - The Yale Herald Yale's vice president of New Haven and state affairs and campus development. University Properties, Yale's commercial property manager, owns 50 office spaces and 500 residential properties in New Haven, including over 85 retail tenants, Zucker said. Notwithstanding its broad tax - exemption, Yale is indeed compelled by law to pay property taxes on these holdings; this year the University paid over four million dollars in taxes on that commercial property. Thus, all told, Yale handed over more than $12 million to New Haven in 2013, a substantial amount of money by any metric. The University's contribution to New Haven is the largest voluntary payment made by any Ivy League institution to its hometown. The University of Pennsylvania, which is situated in a poor section of Philadelphia, makes no direct voluntary payments to the city. Although Harvard's campus is in Cambridge, Massachusetts, which is not a part of the city of Boston, Harvard paid $2.1 million to Boston this year, according to public tax records. In 2003, Brown University, in concert with the Rhode Island School of Design, Johnson and Wales University, and Providence College, reached a PILOT agreement with Providence, Rhode Island. "We certainly felt it was true Page 13 of 18 http: / /yaleherald.com/homepage -lead- image /cover - stories /tax - haven/ 10/23/2014 Tax haven - 1he Yale Herald here at Brown that it's hard to be successful if the community around you is not also successful," Richard Spies, Brown's former executive vice president for planning, said in an interview. He characterized Brown's voluntary contributions to Providence as examples of "practical self interest," adding, "It was a good investment for the university to be more closely integrated with the city. It helps emphasize the partnership, our full membership in the community." The group of universities pledged $40 million to Providence over the course of 20 years, and Brown initially committed to a little over $1 million in annual voluntary payments. In an example of the manner in which public pressure can influence a university's contributions, Providence's Mayor issued the city's nonprofits a direct call to action in his 2011 budget address. "Every citizen, every city worker, every taxpayer, every business and every organization — including tax - exempt institutions —must share part of the burden of saving our city," Mayor Angel Taveras said. Brown made a $6.3 million voluntary payment to the city the following year. In at least one case, an Ivy League institution has been able to flip this power dynamic on its head. In 2011, Princeton University voluntarily paid $1.2 million to the Borough of Princeton, Page 14 of 18 http: / /yaleherald.com/homepage -lead- image /cover - stories /tax - haven/ 10/23/2014 lax haven - The Yale Herald and $500,000 to the township, but when negotiations over a proposed $300 million arts complex ground to a halt with local officials, the university sought to turn up the pressure by threatening to withhold these voluntary payments. "It would be difficult to justify continuing contributions at existing levels to local officials who not only refuse to help the university achieve a key educational objective, but in some cases have sought to prevent the project from going forward," Robert K. Durkee, the university's vice president and secretary, told the New York Times in May 2011. The Princeton Regional Planning Board has since approved the plan, voting nine to one in favor of allowing the university to move forward. The city officials I spoke to were hesitant to demand more from Yale. "It's 100 percent fair," Doug Hausladen, New Haven Ward 7 Alderman, said of Yale's property tax exemption. "They're following the law," he added. Smuts, the city's chief administrative officer, said he would appreciate more money from the university, but argued that it was not Yale's responsibility to contribute more. "As an administrator here in the city, if the university were willing to pay more I'd love that. I think the university is a tremendous partner in the city and gives far more than they are legally Page 15 of 18 http: / /yaleherald.com/homepage -lead- image /cover- stories /tax - haven/ 10/23/2014 i ax naven - i ne x aie rneraia obligated to and far more than any peer institution." One of the documents that Wendy Hamilton handed me when we met outside Willoughby's was a breakdown of New Haven's property taxes. "This is what not taxing Yale means," she had scrawled in the top left corner of the paper, and it is indeed reasonable to argue that the most immediate consequence of Yale's tax exemption is felt in New Haven's need to levy high property taxes for business and homeowners. "This is one of the major challenges of all American cities right now," architecture professor Elihu Rubin, SY '99, said. "They're in this bind of wanting to attract business investment and wanting to attract middle - classes but not wanting to give away the farm in terms of taxes." Rubin, who teaches the Yale College course "New Haven and the American City," highlighted the difficult balance the city must strike. "If taxes are too low, then the city's going to be in trouble," he said. "It's not going to be able to pay its bills. It's not going to be able to perform the services that it needs to perform to continue to be a desirable place to live. At the same time, if property taxes are Page 16 of 18 http: / /yaleherald.com/homepage -lead- image /cover- stories /tax - haven/ 10/23/2014 x ax naven - i ne x aie neraia considered too high, then people will look for housing elsewhere." This is the predicament in which New Haven finds itself. If the city's property taxes rise too high, middle class residents will move out of the city to the more tax forgiving surrounding suburbs. But the city isn't getting enough reimbursement money from Connecticut, and Yale's voluntary contributions, though generous, are too far small to make up the difference. "When I look at the city over the long term it seems to me that it's unsustainable," Cameron, the political science DUS, said. Considering these circumstances, maybe Yale should give more. A voluntary contribution of $8 million is considerable, but it's less than 10 percent of what the university would pay to the city if not for its tax exemption. New Haven is drowning in debt and Yale's endowment is massive; perhaps volunteering a few million more would be the right thing to do. What's unambiguously clear is that Yale's relationship to New Haven is defined in a large part by the money that flows between the two entities. In 1990, during the weeks and months leading up to the start of Yale's voluntary contribution commitment, this dynamic was on clear display. The deal struck then between Page 17 of 18 http: / /yaleherald.com/homepage -lead- image /cover- stories /tax - haven/ 10/23/2014 i ax naven - i ne r aie merata the city and the university was multifaceted. Along with agreeing to make payments for the firefighting services it received from the city on its tax - exempt land, Yale also agreed to move part of its golf course onto the city's tax rolls. In return, New Haven allowed Yale to close off access to the sections of Wall and High Streets that ran through the middle of its campus. To sweeten the deal, Yale donated $1.1 million to the city. As long as there is a nonprofit organization with one of the largest private endowments in the world located in a city with gaping budget deficits and an outsize population of low- income residents, the issue of Yale's tax relationship to New Haven will continue to spark debate over the university's responsibility to the town that surrounds it. This June, the city finalized its sale of the closed -off sections of High and Wall Streets to the University for $3 million. Pretty good deal for Yale, considering the value of keeping cars, trucks, and buses off the center of its campus. Maybe the $8.2 million dollars the University handed over to the city had something to do with it. Page 18 of 18 http: / /yaleherald.com/homepage -lead- image /cover - stories /tax - haven/ 10/23/2014 51I O, 14-�oo RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOGNIZING THE 2ND MONDAY OF OCTOBER AS INDIGENOUS PEOPLES DAY ALSO TO BE KNOWN AS NATIVE AMERICANS DAY the Common Council notes that the 2010 U.S. Census reported that 0.5% of the South Bend population is listed as "American Indian and Alaska Native alone" with 0.3% of the State of Indiana's population being also listed in this category; and Qlf;wy the Common Council further recognizes that in June of 2013, the Pokagon Band of Potawatomi opened its first Indiana office in South Bend which provides Tribal members in northern Indiana improved access to Tribal services such as health care, education and housing assistance; as well as youth tutoring and mentoring programs, employment training and placement, elder care and language and cultural programs in their quest to carry out the Tribe's mission to create a "foundation for people to make their lives better "; and Gihf;m in the interest of promoting Native American culture and to commemorate the history of Native Americans, in 1990 representatives from 120 Indigenous nations held the First Continental Conference to "...strengthen the process of continental unity and struggle towards liberation... [to] use the occasion to reveal a more accurate historical record"; and the City of South Bend, Indiana, recognizes the rich cultural impact of Native Americans in our community going back to the Miami and Potawatomi Native Americans and proudly includes many venues and events named in their honor such as the Potawatomi Zoo, the Potawatomi Pool, the Potawatomi Conservatories, the Potawatomi Park Concert Series, Mark di Suvero's "The Keepers of the Fire" sculpture installed in the St. Joseph River east of the Century Center, and the most recent naming of the Four Winds Field, home of the South Bend Silver Hawks Class A minor league baseball team. QfiC since 1937, the 2nd Monday of October of each year has been officially recognized by the federal government as "Columbus Day" and Indiana Code § 1 -1 -9 -1 officially designated Columbus Day as a legal holiday in the State of Indiana. v r Section I. The Common Council of the City of South Bend, Indiana, believes that efforts should be continued to promote the well -being and growth of the Native American culture and the Indigenous community in our city. Section II. Therefore, the 2nd Monday of October 2014, shall be known as Indigenous Peoples Day and may also be called Native Americans Day in South Bend, Indiana, and shall be Indigenous Peoples Day Resolution Page 2 an opportunity to celebrate the culture, values and contributions which are continuing to be made to our community by Native Americans. Section IIl. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Henry Davis, Jr., ist c uncil Member ww /a //W � l ti- //c i/� i ii //, vii/ aw&, on the _day of 2014 at o'clock . m. me on the _.m. Office of the City Clerk day of 2013 at _ o'clock Pete Buttigieg, Mayor Red in PRE.SlNTED OCT 19 Z614 ito,T. APPROVED S JOHN Vfx; j�ppPT[# CITYCLER W, V Oliver J. Davis President Derek D. Dieter Vice - President City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd (574) 235 -9321 South Bend, Indiana 46601 -1830 Fax (574) 235 -9173 http: / /www.southbmdin.gov Valerie Schey Chairperson, Committee October 22, 2014 of the Whole Tim Scott It is only right that our community follows the same progression to add First District Colleagues: Henry Davis, Jr. businesses and governmental entities to do the same. We need to give honor to Second District As a true reflection of our county's history it is an honor to publicly recognize the Sixth District contributions of our Native American ancestors and to also acknowledge their Valerie Schey countless contributions to our American Society. There has been a progressive Third District change in the way the Native American culture has been viewed over the past At Large year with Columbus Day being changed to 'Indigenous People Day' in Fred Ferlic Fourth District communities such as Minneapolis, Minnesota and Seattle, Washington. David Varner It is only right that our community follows the same progression to add Fifth District 'Indigenous People Day' to our calendar in place of Columbus Day and ask all businesses and governmental entities to do the same. We need to give honor to Oliver J. Davis those who have come before us and have also paved the way for many. This Sixth District resolution will not only honor the true legacy of our county's heritage but show the entire world that South Bend is truly the All American City that it proclaims Derek D. Dieter to be. At Large Gavin Ferlic I hope that you will see this important change in name as I see it and thank you At Large for your support. Karen L. White I serd At Large Councilman Henry Davis, Jr. L Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 6 -37.1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING VACANT BUILDING MAINTENANCE AND REGISTRATION STATEMENT OF PURPOSE AND INTENT On November 26, 2007, the South Bend Common Council passed Ordinance No. 9810 -07. That ordinance created city -wide regulations addressing the registration and maintenance of vacant and abandoned buildings. In 2007, the City of South Bend initiated a three -year program costing $6.825 million to reduce the City's vacant houses by more than 115 and to reduce abandoned housed by 72 %. On February 27, 2013, the "Vacant & Abandoned Properties Task Force Report" was released with Mayor Buttigieg called for 1,000 houses to be addressed in 1,000 days. A combination of rehabilitation and demolition activities has been ongoing. As of the introduction of this ordinance which would raise the annual registration fee, 606 properties have been addressed. The ongoing costs to the city for these programs are continuing to increase. Therefore the following fee adjustments are proposed, which are believed to be in the best interests of the City of South Bend, Indiana. Section I. Section 6 -37.1 (h) of the South Bend Municipal Code is hereby amended to read as follows: (h) Registration Fees. (1) The owner of any building required to be registered under this section shall pay an annual registration fee to the Department of Code Enforcement upon registration. However, the owner of a building that is vacant but not abandoned within the meaning of this section, who voluntarily registers the building pursuant to Subsection (d)(3), is not required to pay a registration fee. (2) If the building is used for or zoned for residential purposes and contains not more than three (3) residential units the registration fee shall be fifty dollars ($50.00) two hundred fifty dollars ($250.00) per year. Ordinance Amending Vacant Building Maintenance and Registration Regulations Page 2 (3) If the building is used or zoned for residential purposes and contains more than three (3) residential units, or if it is used or zoned for any non - residential purposes, the fee shall be turn h _.d ..a and fiay dell rs ($250.00) five hundred dollars ($500.00) for the first year or any part thereof, three hundred and seventy p^° dell _ ($375.00) seven hundred fifty dollars ($750.00) for the second year or any part thereof, and five '-unfired dollars ($500:900) one thousand dollars ($1,000.00) for the third and each subsequent year or any part thereof that the property is required to he registered pursuant to this section. (4) The purpose of the registration fee is to reimburse the Department of Code Enforcement for the costs of continual monitoring the property by trained staff, and the additional costs of responding to emergencies and property maintenance requirements for a vacant and abandoned building, which includes but is not limited to personnel costs associated therewith to see that there is compliance with regard to repairs demolition blight elimination, deconstruction, and legal expenses incurred by the city. Section II. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. this ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Tim Scott, I" District Council Member South Bend Common Council 1-% r, John Voorde, City Clerk Ordinance Amending Vacant Building Maintenance and Registration Regulations Page 3 ��e,kwler/by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2014, at o'clock . m. Janice Talboom, Deputy Clerk rca�d aiidJi /��dby me on the _ day of m. 1st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRM PASSEV 2014, at _ o'clock Pete Buttigieg Mayor of the City of South Bend, Indiana Filed irlffice I ZU14� CITY CLERK SO uTIDE� H BEND, IN City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Oliver J. Davis October 21, 2014 President Members of the South Bend Common Council Derek D. Dieter 4th Floor County -City Building Vice - President South Bend, Indiana 46601 (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov Valerie Schey Chairperson, Committee Re: Vacant Building Maintenance and Registration Fees of the Whole Dear Council Members: Tim Scott First District It has been over seven (7) years since the annual registration fee amounts for vacant buildings have been reviewed and updated. Henry Davis, Jr. Second District The fees charged are to the owner of property that is vacant so that they are carrying Valerie Schey some of the burden to address these properties, rather than all of that expense being Third District on our taxpayers. The attached ordinance would increase the fees charged in Section 6 -37.1 (h) to reflect the costs being incurred by the City. Fred Ferlic Fourth District As of this month, as posted on the City's website, the City of South Bend is continuing to make progress on our vacant and abandoned housing initiative. It David Varner reports the following: Fi fth District 188 Houses Repaired Oliver J. Davis 297 Houses Demolished Sixth District 6 CDC Partner Houses Derek D. Dieter 62 State Blight Elimination Program At Large 8 Houses Under Contract for Deconstruction 45 Houses Under Contract for Demolition Gavin Ferlic 606 Total" At Large I seek your support of these needed changes. I look forward to discussing this with Karen L. White you. I recommend that the Bill be referred to the Health and Public Safety At Large Committee so that it can be heard by the Common Council on November 10th. Thank you. Most Meer -& y .._ .., j 1 Tim Scoo$.` - -1 First District Council Member Attachment Filed in ; yrVice F� i [U94 JOHN'400 DIL CITY CLERK uOUTN 6END, IN Go Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 12 OF CHAPTER 13 OF THE SOUTHBEND MUNICIPAL CODE ADDRESSING CHRONIC PROBLEM PROPERTY REGULATIONS STATEMENT OF PURPOSE AND INTENT On June 10, 2013, the South Bend Common Council passed Ordinance No. 10232 -13. That ordinance created chronic problem property regulations, which have to date successfully addressed many of those problem properties throughout the city. This ordinance is aimed at improving the city's current regulations by placing responsibility on businesses for their actions or inactions which are located within commercial, industrial or PUD zoned areas. This ordinance is believed to be in the best interests of the City of South Bend, Indiana, by creating fair and reasonable methods to address chronic problem properties which are located in commercial, industrial or PUD zoned areas. Section I. Section 13 -156 of Article 12 of Chapter 13 of the South Bend Municipal Code is hereby amended as follows: See. 13 -156 Definitions. As used in this Article: (a) Abate shall mean to remedy a condition which constitutes a violation of this Article which is necessary and in the interest of the general health, safety and welfare of the City. (b) Chronic Problem Property is a property which meets the following criteria: 1. Has had not less than five (5) valid complaints in sixty (60) calendar days for any criminal offense governed in Title 35 of the Indiana Code, and /or ordinance citations being issued for a violation of the South Bend Municipal Code which occurred on the property and resulted in a police response and police documented call for service; or 2. Has had not less than five (5) letters issued by the Code Enforcement Department and /or the Law Department in sixty (60) calendar days which sought compliance by the property owner with section(s) of the South Bend Municipal Code; or Chronic Problem Property Ordinance Amendments Page 2 3. A combination of valid complaints and /or ordinance citations issued by a sworn member of the Police Department as further addressed in ¶ 1 herein, and /or has been issued letters by the Code Enforcement Department as further addressed in 12 herein, which together total not less than five (5) in number issued in a sixty (60) calendar day period. However, in the event that a property consists of more than fifty (50) dwelling units which are rented or intended to be rented and are located on a single parcel or lot for which a postal address exists or may exist for each individual unit including residential rental properties, hotels, motels, or other similar properties offering overnight lodging, such address for a property shall not be considered as a chronic problem property until it has been issued more than twelve (12) verified complaints, ordinance citations, letters seeking compliance involving nuisance activity, as further addressed in ¶ 1 through ¶ 3 herein, in any ninety (90) day period. If a property is zoned commercial as defined in Article 3 of Chanter 21 of the South Bend Municipal Code: or is zoned industrial as defined in Article 4 of the South Bend Municipal Code or is zoned as a Planned Unit Development (PUD) as defined in Article 5 of Chapter 21 of the South Bend Municipal Code the provisions of (b) 1 2 and 3 of this Section are the criteria for a chronic problem property. (c) Citation shall mean an act which is prohibited or an offense which is punishable under the South Bend Municipal Code for which a written ordinance violation citation was issued by the Police Department requiring payment of a fine to the Ordinance Violations Bureau. (d) City means the City of South Bend, Indiana. (e) Police documented call for service shall mean when a sworn member of the Police Department is dispatched or deployed to respond to an incident at a specific location as a police response. (f) Police response shall mean any and all police action needed to protect the health, safety and welfare of inhabitants of a property or location where valid complaint(s) have been documented, with such police response being subject to the governing rules and regulations of the Police Department. (g) valid complaint shall refer to a police documented call for service that a incident took place at a specific property requiring sworn police personnel to be dispatched or caused to respond. The term does not include incidents involving an occupant of the premises as the victim of the crime. (h) Warning notice shall be a written document sent by the South Bend Police Department to any property owner who has received three (3) citations and /or valid complaints from the City Chronic Problem Property Ordinance Amendments Page 3 City warning said owner, and the manager/operator who is doing business at that location that upon receiving five (5) such citations and /or valid complaints in a sixty (60) day period that their property would be deemed a chronic problem property. Section II. Section 13 -157 of Article 12 of Chapter 13 of the South Bend Municipal Code is hereby amended as follows: Sec. 13 -157 Violations; Notification and Limited Appeals of Being Designated by the City as a Chronic Problem Property.I (a) The owner of any property within the city of South Bend which is designated by the City as a chronic problem property, as defined in Sec. 13 -56, is in violation of this Article. The property owner of any designated chronic problem property shall be responsible for bringing such property into compliance with all governing regulations. However, in the event that such chronic problem property is zoned as commercial industrial or planned unit development as defined in Sec. 13 -56, the manager /owner /operator who is doing business at that location are jointly and severally responsible for bringing such property into compliance with all governing regulations (b) The South Bend Police Department shall send a warning notice letter to any property owner, and in the case of the property being zoned commercial planned unit development to the manager /owner /operator who is doing business at that location when the property address has been subject to three (3) verified complaints and /or ordinance citations and /or letters issued by the Police Department, the Code Enforcement Department and /or the Law Department, advising said owne person that when the City verifies that said number increases to the thresholds in the definition of a chronic problem property, it shall be so designated. The Police Department, the Code Enforcement Department and the Law Department shall update their data on a regular and consistent basis and electronically transmit it to the assigned police officer(s) of the South Bend Police Department whose responsibilities include overseeing the warning notice letter process. (c) When designating a specific property as a chronic property, the assigned police officer(s) in the South Bend Police Department, shall review and verify: The number of police documented calls for services, the number of verified complaints and ordinance citations issued by the Police Department to a property address in the applicable sixty (60) or ninety (90) day period; and 2. The number of ordinance citations and/or compliance letters sent by the Code Enforcement Department and the number of compliance letters sent by the ' Indiana Code § 36 -1 -1 through Indiana Code § 36 -1 -10 set forth the governing state law provisions for the enforcement of municipal ordinances. Section 2 -13 of the South Bend Municipal Code identifies the City's nine (9) executive departments and specifically lists the Law Department, Police Department and Code Enforcement Department. Chronic Problem Property Ordinance Amendments Page 4 Police Department and the Law Department to a property address in the applicable sixty (60) day or ninety (90) day period. Once designated as a chronic problem property by the assigned police officer(s) in the South Bend Police Department, said property shall remain so designated and tracked on a computerized matrix for compliance /enforcement purposes for one (1) year from the date of designation. Said assigned police officer(s) shall see that the matrix shall be regularly updated and prominently posted on the City's website. Said designation shall only be removed upon action by the Law Department after reviewing documentation from the Police Department and Code Enforcement Department confirming that the subject property has not been the subject of a verified complaint or code violation for a period of not less than three hundred sixty five (365) continuous days, unless credited per the regulations set forth in Section 13 -158. Additionally, any and all fines and repeat nuisance service call fees associated with the designated chronic problem property must have been paid in full for removal from the matrix. (d) The South Bend Police Department shall notify in writing to the property owner, and in the case of the property being zoned commercial industrial or planned unit development to the manager /owner /operator who is doing business at that location that his/her property location has been designated as a chronic problem property. Said notification shall be delivered in person by an individuals designated by the City by leaving a copy of the notification personally to the person to be notified, by leaving a copy of the notification as set forth below, with such notification being documented by the City in their records; or by sending the notice to the property owner, and in the case of the property being zoned commercial planned unit development to the manager /owner /operator who is doing business at that location by priority mail which is tracked on line with the City tracking the date said notification was delivered. The notification shall be sent to the property owner's residence or usual place of business, or in the case of the propert y being zoned commercial planned unit development to the manager /owner /operator who is doing business at that location which is on record in the assessor's office or other public office including but not limited to the Area Plan Commission Office of the City Clerk and/or the Department of Administration and Finance Business Licensing Division This notification shall identify: 1. The property owner, and in the case of the Property being zoned commercial industrial or planned unit development to the manager /owner /operator who is doing business at that location and list the specific address that has been designated as a chronic problem property; 2. The number of police documented calls for service involving verified complaints, the number of ordinance citations issued, the number of letters issued by the Police Department, Code Enforcement Department, and /or the Law Department, or any combination thereof which have occurred on said property in the applicable sixty (60) or ninety (90) calendar day period; Chronic Problem Property Ordinance Amendments Page 5 3. The cost(s) which may be incurred if there are any future verified police documented calls for service to the property; 4. The cost(s) which may bet be incurred for any future background investigations and /or issuance of letter(s) by the Police Department, the Code Enforcement Department, and /or the Law Department; 5. The individual and his/her city contact information including the name, position, mailing address, telephone & fax numbers and email address to whom the property owner and in the case of the property being zoned commercial industrial or planned unit development to the manager /owner /operator who is doing business at that location designated as a chronic problem property may contact if he /she has questions regarding the notification; and 6. The time period which the designation as a chronic problem property will last and the terms and conditions which must be met for the removal of such designation. (e) Copies of the written notice sent by the South Bend Police Department on each proper address designated as a chronic problem property shall be simultaneously sent electronically to the Law Department, the Code Enforcement Department, Office of the City Clerk, the District Council Member who represents the District where the subject property is located, and all At Large Council Members. (f) The City deems the owner of the property and the residential occupants of the property, and in the case of the property being zoned commercial industrial or planned unit development to the manager /owner /operator who is doing business at that location responsible for any and all prohibited conduct occurring upon the premises after receipt of the written notice designating the property as a chronic problem property. 2 (g) A Hearing Officer is authorized to hear limited appeals from owners of a property, and in the case of the property being zoned commercial industrial or planned unit development to the manager /owner /operator who is doing business at that location who have been designated by the City as a chronic problem property. Said appeal shall be limited to the verification of whether said owner person has reached the requisite and applicable number set forth in Section 13 -56 (b) to be Z The wording in this paragraph is similar to that set forth in Section 13 -75.5 of the South Bend Municipal Code addressing disorderly house regulations. Chronic Problem Property Ordinance Amendments Page 6 designated as a chronic problem property. A hearing before the Hearing Officer for such limited appeals must be held within thirty (30) calendar days of the appeal being filed. Written notice of the date, time and location shall be mailed or personally delivered by the City to said ewer en rson of record. The decision of the Hearing Officer shall be the final administrative action for purpose of judicial review. Section III. Section 13 -158 Remediation Agreements — Proactive Measures to Reduce Time Designated as a Chronic Problem Property of Article 12 of Chapter 13 of the South Bend Municipal Code is hereby amended by the addition of new paragraph (f) which shall read in its entirety as follows: (f) In the event that a property is zoned commercial, industrial or Planned unit development and has been designated as a chronic problem property, the manager /owner /operator who is doing business at that location shall be required to enter into a Remediation Agreement consistent with the provisions of this Section. Section IV. Section 13 -161 of Article 12 of Chapter 13 of the South Bend Municipal Code is hereby amended to read in its entirety as follows: Section 13 -161 Intimidation and Threats by Property Owner/Manager /Operator Prohibited .3 If any person reports to a City employee or agent that he or she believes that he /she has been intimidated or threatened by the owner or owner's agent, manager or operator of a business doing business in the city, if he or she files a complaint or reports an alleged violation of this Article, the City employee or agent shall encourage the person to report such alleged intimidation or threat to the South Bend Police Department for further action. Section V. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section VI. 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. Tim Scott, 1 s` District Council Member South Bend Common Council ' Indiana Code § 35 -45 -2 addresses "Offenses Relating to Communications" including but not limited to intimidation, harassment and the interference with the reporting of a crime. Chronic Problem Property Ordinance Amendments Page 7 Karen L. White, Council Member at Large South Bend Common Council Derek D. Dieter, Council Member at Large South Bend Common Council 'Ariz Office of the City Clerk Voting in Favor Voting in Opposition urr' Ci Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of , 2014, at o'clock .m. Janice Talboom, Deputy Clerk I ,r READING PUBLIC HEARING '..rd READING ., ;OT APPROVW ;EFERRED ?ASSED Pete Buttigieg Mayor of the City of South Bend, Indiana Filed & ',I Y'l14 CITY Ci .,: SEND, IN City of South Bend Common Council 441 County -City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Oliver J. Davis October 21, 2014 President Members of the Common Council Derek D. Dieter 4th Floor County -City Building Vice - President South Bend, Indiana 46601 Valerie Schey chairperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey "Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large Karen L. White At Large Re: Chronic Problem Property Regulations Dear Council Members: (574) 235 -9321 Fax (574) 235 -9173 http: //w .southbmdin.gov On June 10, 2013, the South Bend Common Council passed Ordinance No. 10232- 13 which created chronic problem property regulations in the City of South Bend. Those regulations have been in effect since October 15, 2013, and have made a significant impact on reducing excessive calls for service to many properties located throughout the City. Those regulations have helped to reduce some of the undue burden on the City's public safety officers who respond to the majority of these nuisance type calls. We have been working closely with Officer Keenan Lane of the South Bend Police Department who is the primary point - person for the implementation of these regulations. He has shared the need for the amendments which are proposed in the attached ordinance. Basically the amendments would place responsibility on businesses for their actions or inactions which are located within commercial, industrial or PUD zoned areas, in an effort to minimize excessive service calls to those establishments. We have also worked with the Law Department on these proposed amendments, and recommend that the proposed ordinance be referred to the Health and Public Safety Committee for review and recommendation, and that a public hearing on these proposed amendments be set for Monday, November 10th. Thank you. Most sine' Fel Tim Scott, 1st District Co n Council ember d Derek D. Dieter, At Large Common Council Member Cc,.cvn _Z L" wren L. White, At Large Common Council Member 4014N'' 16, 2 0 5 C1IYGLF,E@�r �l 'z 'gUSt ".•, dC� Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 11, DEFINITIONS TO REVISE THE DEFINITION OF ACCESSORY (STRUCTURE, BUILDING OR USE) STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance that went into effect on May 7, 2004. The Common Council is desirous in promoting educational opportunities throughout the City, and in so doing, is supportive of a citizen -led "Get Booked" reading program where citizens and organizations may place "Book Huts ", AKA Little Free Libraries, on both private and public property throughout the City where citizens of all ages may deposit or withdraw books at no charge. Therefore, the following change needs to be made to the Zoning Ordinance to exempt small accessory structures, as defined, from required setbacks. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article I 1 Definitions, Section 21 -11.02 Definitions, is hereby amended as follows: Accessory (Structure, Building or Use): A subordinate structure, building or use, except for a structure or buildinz that is less than four (4) square feet in area and six feet W) in height, that is customarily associated with, and is appropriately and clearly incidental and subordinate in use, size, bulk, area and height to the primary structure, building, or use, and is located on the same lot as the primary building, structure, or use. 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: City Clerk Member of the Common Council �riC'.. t i �n of Presented by me to the Mayor of the City of South Bend, Indiana on the day 4, at o'clock . M. Approved and signed by me on the , at o'clock _. m. I st READING t PUBL!C FEARING 3 rd READING NOT APPROVED 9EFERRED PASSED City Clerk day of Mayor of the City of South Bend, Indiana 2014 Filed In Clerk's S4 P 16 2014 CITY CLERK, a .,. , •� g5hi?, IN � f��pi7Ttl.kF, `' '° City of South Bend f Common Council IN65 • 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Oliver J. Davis President September 12, 2014 (574) 235 -9321 Fax (574) 235 -9173 http://www.soutbbendin.gov Derek D. Dieter Vice - President Member of the South Bend Common Council Valerie Schey 4d' Floor County -City Building Chairperson, Committee South Bend, Indiana 46601 of the Whole Re: Proposed Text Amendment Addressing Accessory Uses Tim Scott First District Dear Council Members: Henry Davis, Jr. Second District At the September 8, 2014 Zoning and Annexation Committee meeting, the Area Plan Executive Director updated the Council on the proposed text amendment Valerie Schey which would enable programs which use "Book Huts" to move forward. Third District In light of that favorable reception by the Council for this concept, and in Fred Ferlic collaboration with the Area Plan staff, I am introducing an ordinance which would Fourth District move this matter forward. David Varner Fifth District The attached Bill would have first readin g Y b the Common Council at our September 22 "d meeting and would be referred to the Area Plan Commission so Oliver J. Davis that it could be heard at their October meeting. Sixth District T you for your continuing support. Derek D. Dieter At Large Most si cerely Gavin Ferlic % At Large Derek D. Dieter Karen L. White Council Member at Large At Large Attachment cc: The South Bend Common Council Area Plan � Filed in ClerP 1�py, M, { ; 16 'Z014 ODE .____il BEND, IN Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3, COMMERCIAL/MIXED USE DISTRICTS, TO ADD A NEW SUBSECTION TO COMMUNITY BUSINESS DISTRICT AND GENERAL BUSINESS DISTRICT RELATIVE TO THE OUTDOOR DISPLAY AND SALES OF AUTOMOBILES STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance that went into effect on May 7, 2004. Certain changes are deemed necessary for a more affective administration of the ordinance. The outdoor display or sales of merchandise operate differently than the outdoor display of other products, creating a need for a more specific set of standards to regulate such uses. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section 1. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts, Section 21 -03.05 (b) (3) (A) Minimum Front Yards, is hereby amended as follows: ii. along all other streets — may include: parking areas, or gasoline sales areas, provided that no portion of such areas may be located closer to the right -of -way than fifteen (15) feet; parking of automobiles associated with a legally established dealership; driveways; or, signs as regulated by Section 21 -07.03 — Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts, Section 21 -03.05 (b) (11) (C) Outdoor Display or Sales of Merchandise, is hereby amended as follows: iv. shall not be located between the front facade of the primary building and the front lot line, . ..idea hew ever, aut,... ebile sales uses,, may display vehieles . aff 1 ..t:.... on the let auther-ized for the leeation of off ..ti.eetjga..b:..... areas; and, Section III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts, Section 21 -03.05 (b) (11) Outdoor Operations, is hereby amended as follows: (D) Outdoor Display or Sales of Automobiles, when permitted by Special Exception: i. shall be a minimum of five (5) feet from the greater of the nronosed right-of- way or existing right -of -way: ii. shall not be located in any required minimum side yard, minimum rear yard, minimum front Residential Buffervard, side Residential Bufferyard, or rear Residential Bu fervard; iii. shall provide direct access to an interior access drive for each vehicle displayed for sale, an d iv. shall be considered parking areas for the numose of determining and providing interior parking areas in compliance with Section 21- 07.01(d) Interior Off - Street Parking Area Landscaping and subsequent Sections 21- 07.01(8) Installation of Landscaping and 21- 07.01(h) Maintenance of Landscaping. (D) to (E) (E) to (F) Section IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts, Section 21 -03.07 (b) (3) (A) Minimum Front Yards, is hereby amended as follows: ii. along all other streets —may include: parking areas (ineluding vehie lar par-kin of ....«..«,.odes a iated with legally established dealership), or gasoline sales areas, provided that no portion of such areas may be located closer to the right - of -way than fifteen (15) feet; parking of automobiles associated with a legally established dealership; driveways; or, signs as regulated by Section 21 -07.03 — Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; Section V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts, Section 21 -03.07 (b) (11) (B) Outdoor Display or Sales of Merchandise, is hereby amended by removing subsection (iv) as follows: like-. Section VI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts, Section 21 -03.07 (b) (11) Outdoor Operations, is hereby amended as follows: (C) Outdoor Display or Sales of Automobiles: i. shall be a minimum of five (5) feet from the greater of the proposed right of- way or existing right -of -wad ii. shall not be located in any required minimum side yard minimum rear yard minimum front Residential Burvard side Residential Bufferyard or rear Residential Bu eryard.- iii. shall provide direct access to an interior access drive for each vehicle display for sale; an d iv. shall be considered narking areas for the purpose of determining and Providing interior Parkinz areas in compliance with Section 21 -07.01 d Interior Off - Street Parking Area Landscaping and subsequent Sections 21-07.01(g) Installation of Landscaping and 21- 07.01(h) Maintenance of Landscaping (G) to (D) (D) to (E) (E) to (F) Section VII. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. j r Member of the Common Councfj Attest: City Clerk v� ld Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,2014, at o'clock . m. City Clerk Approved and signed by me on the day of at o'clock . M. PUBLIC H'IARM 3r8 REAMING NOT APPROVED REFERRED PASSED Mayor of the City of South Bend, Indiana 2014 tee 11 1014 IF, .._...._- „„j CITY CLERti, wai; i ' #' UD, IN :4:0 LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 777 W. JEFFERSON BLVD., ROOM 1110 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 2359571 September 11, 2014 Oliver Davis, President South Bend Common Council Fourth Floor, County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 RE: Area Plan Commission Initiated Petition to Amend Various Sections of the South Bend Zoning Ordinance Dear Mr. Davis: Attached is a proposed ordinance that was initiated by the Area Plan Commission. The purpose of this ordinance is to establish detailed development standards for the outdoor display and sales of automobiles in the Community Business and General Business Districts. I am requesting that the attached ordinance be placed on the September 22, 2014 Council agenda for First Reading. The Area Plan Commission will hear this ordinance on October 21, 2014. If you have any questions, please feel free to contact me. !inc y, Lawrence P. Magliozzi Filed in " #Fce =? 17 2014 Cf'f'YGLEFa7. �r.t+ir`, 1 {M1g j SERVING ST, JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND 3 T I O I E P M C O V N t Y I N D I A N I C O M I A, .. , I. n