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HomeMy WebLinkAbout05-11-15 Agenda, Packet & Committee Meeting NoticeOFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK May 7, 2015 TO: MEMBERS OF THE COMMON COUNCIL FROM: JOHN VOORDE, CITY CLERK The following Common Council Committee Meetings have been scheduled for Monday. May 11. 2015. in the Council Informal Meeting Room, 41h Floor County -City Building 227 W Jefferson Blvd., South Bend, Indiana: 3:30 P.M. ZONING & ANNEXATION OLIVER J. DAVIS, CHAIRPERSON T. Bill No. 09 -15 — Rezoning- 1221 Miami Street 2. Bill No. 16 -15 — Rezoning — 416 Western Ave & 501 W. South Street 3. Presentation on Suggested Changes to the PUD Zoning Ordinance regarding Text and Formatting 3:50 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. Bill No.15 -30 - Des. Tax Abatement for Kruk Electric, LLC for a 5 year Personal Property Abatement — 3702 W. Sample St. 2. Bill No.15 -31 - Des. Tax Abatement for JSK Development, Inc. for a 2 year Vacant Building Abatement — 111 St. Joseph St. 3. Bill No. 15 -32 - Des. Tax Abatement for JSK Development, Inc. for a 9 year Real Property Abatement — 111 St. Joseph St. 4. Bill No.15 -33 - Des. Tax Abatement for Tampico Developments, LLC for a 5 year Residential Abatement — Crescent Oaks, Section Three 4:15 P.M. HEALTH & PUBLIC SAFETY DEREK D. DIETER, CHAIRPERSON T. Bill No. 22 -15 - Amend Chapter 19 of the SBMC Addressing Tall Grass, Weeds, Noxious Weeds and Rank or Overgrown Vegetation 2. Bill No. 15 -35 - A Resolution Recommending that a Tall Grass/Weed Abatement Pilot Program Focusing on Providing Local Youth with Working Opportunities for the Summer of 2015 4:45 P.M. COMMUNITY RELATIONS _KAREN L. WHITE, CHAIRPERSON 1. Bill No. 15 -34 — A Resolution Recommending Public Input be Encouraged on a Suggested Additional Street Name Location to Honor the Late Rev. Martin Luther King Jr. 455 County -City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601 Phone 574- 235 -9221 • Fax 574- 235 -9173 • TDD 574- 235 -5567 • www.SouthBendIN.gov KAREEMAH FOWLER JANICE TALBOOM EMILY SEXTON CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK 5:00 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON 1. MBE/WBE quarterly and annual report update 5:10 P.M. PUBLIC WORKS & PROPERTY VACATION VALERIE SCHEY, CHAIRPERSON 1. Update on the Curb & Sidewalk Program 5:20 P.M. UTILITIES DR. DAVID VARNER, CHAIRPERSON T. Update and Discussion on the CSO Project Council President Tim Scott has called an Informal Meetinq of the Council which will commence immediately after the adjournment of the Utilities Committee. INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, COUNCIL PRESIDENT 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor Pete Buttigieg Committee Meeting List News Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS: Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. nr_FNinn SOUTH BEND COMMON COUNCIL MEETING MONDAY, MAY 11, 2015 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES -7•nn D M 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: RTT.T. 1\10 09 -15 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1221 MIAMI STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 16 -15 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 416 WESTERN AVENUE AND 501 W. SOUTH STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 22 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AND AMENDING CHAPTER 19, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL CODE IN ITS ENTIRETY ADDRESSING ABATEMENT REGULATIONS ADDRESSING TALL GRASS, WEEDS, NOXIOUS WEEDS AND RANK OR OVERGROWN VEGETATION AND FURTHER AMENDING SECTION 16 -61 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PENALTIES 8. BILLS, THIRD READING TIME: RTT,T. NO- 09-15 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1221 MIAMI STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 16 -15 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 416 WESTERN AVENUE AND 501 W. SOUTH STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 22 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AND AMENDING CHAPTER 19, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL CODE IN ITS ENTIRETY ADDRESSING ABATEMENT REGULATIONS ADDRESSING TALL GRASS, WEEDS, NOXIOUS WEEDS AND RANK OR OVERGROWN VEGETATION AND FURTHER AMENDING SECTION 16 -61 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PENALTIES 9. RESOLUTIONS RTT,T, NO_ 15 -30 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOW AS 3702 W. SAMPLE, SOUTH BEND, IN 46619 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR KRUK ELECTRIC, LLC 15 -31 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 111 ST. JOSEPH ST., SOUTH BEND, IN, 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (2) TWO -YEAR VACANT BUILDING TAX ABATEMENT FOR JSK DEVELOPMENT, INC. 15 -32 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 120 ST. JOSEPH ST., SOUTH BEND, IN, 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (9) NINE -YEAR REAL PROPERTY TAX ABATEMENT FOR JSK DEVELOPMENT, INC. 15 -33 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS CRESCENT OAKS, SECTION THREE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC 15 -34 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT PUBLIC INPUT BE ENCOURAGED TO BE RECEIVED ON A SUGGESTED ADDITIONAL STREET LOCATION TO BE CONSIDERED TO BE RENAMED TO HONOR THE LATE REV. MARTIN LUTHER KING, JR. IN SOUTH BEND, INDIANA 15 -35 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT A TALL GRASS /WEED ABATEMENT PILOT PROGRAM FOCUSING ON PROVIDING YOUTH WITH WORKING OPPORTUNITIES AND LIFE SKILLS TRAINING AND DEVELOPMENT BE IMPLEMENTED FOR THE SUMMER OF 2015 10. BILLS, FIRST READING 1384=04193m 25 -15 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 803 WASHINGTON ST., COUNCILMANIC DISTRICT NO 1 IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. LAWRENCE P. MAGLIOZZI C S— E%ECLI1111E UIRLCIOR Angela M. Smith I"P.') nnvr... AR PAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNT "Y -CITY BUI Wednesday, April 22, 2015 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 Iyyy. [[[[[p�[�G, 4Uyy1'Ih8'IiN D, IV D14AT {c F 11r c�C11�1 L__ ... ..............._ ... ._ CITY OLESits, Ssd' „8 a k, r3 k €B, IN 01 (S74) 235 -9571 RE: A proposed ordinance of Mohammad 1. Rasul to zone from MF1 Urban Corridor Multifamily District to SF2 Single Family & Two Family District, property located at 1221 Miami Street, City of South Bend - APC# 2736 -15. Dear Council Members: I hereby Certify that the above referenced ordinance of Mohammad 1. Rasul was legally advertised on Thursday, April 09, 2015 and that the Area Plan Commission at its public hearing on Tuesday, April 21, 2015 took the following action: Upon a motion by John McNamara, being seconded by Phil Sutton and unanimously carried, the proposed ordinance of Mohammad I. Rasul to zone from MF I Urban Corridor Multifamily District to SF2 Single Family & Two Family District, property located at 1221 Miami Street, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. The low- density nature of the existing residential home is consistent with the mixed -use character of the area. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincere , Lawrence P. Magliozzi Attachment CC: Mohammad L Rasul `633 SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND `/'Wr S �I OS e P V C O U r.T Y I i o I n ry A. c o 11 A R 1n P I A Staff Reoort 4/10/2015 Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006). Policy H 1.1 - Encourage residential developments to contain a mix of housing types, densities, price ranges, and amenities. Objective H 8: Promote homeownership within city limits. Land Use Plan: The future land use map identifies this area as Commercial (Office & Retail). Plan Implementation /Other Plans: The Miami Street Commercial Corridor Revitalization Action Plan (December 2000) identifies this area as a potential development site. 2. Current Conditions and Character: Miami Street has a mix of residential and commercial uses. 3. Most Desirable Use: The most desirable use is one that is compatible in a mixed -use area. 4. Conservation of Property Values: Since the property is already used for residential purposes, surrounding property values should not be negatively affected. 5. Responsible Development And Growth: It is responsible development and growth to maintain and preserve the area for a range of compatible uses. Staff Comments: The staff has no additional comments. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. Analysis: The low- density nature of the existing residential home is consistent with the mixed -use character of the area. APC # 2736 -15 Page 2, of 2 r 'h'4trtj.� -5y rou Rezoning from: "MFI" URBAN CORRIDOR MULTIFAMILY DISTRICT to "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT MASTER ZONING KEY &O- T-S =_1]- S=:'S \e -E FAV -YA \: TA-0 AI: Y7 ST? OT SO-T- oc \]'I,' =1'.. i3A\ f)0 <4 a3tE V--T =Ake -Y : ST4 --T :, :,..T -3 \] 5' -G:A'c SJS\ °_3S: ST4CT $0-T- 5.5V 'LS' 0.1ev.. Ty S..S \SSS :ST4 CT SO-T- t=%' -:-T \ :..ST4 A- ]STE --T N W *-� E S 1 inch = 100 feet APC # 2736 -15 �. � 2. �• T .�f 1. S:� \ T .!r r 'h'4trtj.� -5y rou Rezoning from: "MFI" URBAN CORRIDOR MULTIFAMILY DISTRICT to "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT MASTER ZONING KEY &O- T-S =_1]- S=:'S \e -E FAV -YA \: TA-0 AI: Y7 ST? OT SO-T- oc \]'I,' =1'.. i3A\ f)0 <4 a3tE V--T =Ake -Y : ST4 --T :, :,..T -3 \] 5' -G:A'c SJS\ °_3S: ST4CT $0-T- 5.5V 'LS' 0.1ev.. Ty S..S \SSS :ST4 CT SO-T- t=%' -:-T \ :..ST4 A- ]STE --T N W *-� E S 1 inch = 100 feet APC # 2736 -15 �. � �• T .�f 1. S:� \ T i y t ti� o }. r 'h'4trtj.� -5y rou Rezoning from: "MFI" URBAN CORRIDOR MULTIFAMILY DISTRICT to "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT MASTER ZONING KEY &O- T-S =_1]- S=:'S \e -E FAV -YA \: TA-0 AI: Y7 ST? OT SO-T- oc \]'I,' =1'.. i3A\ f)0 <4 a3tE V--T =Ake -Y : ST4 --T :, :,..T -3 \] 5' -G:A'c SJS\ °_3S: ST4CT $0-T- 5.5V 'LS' 0.1ev.. Ty S..S \SSS :ST4 CT SO-T- t=%' -:-T \ :..ST4 A- ]STE --T N W *-� E S 1 inch = 100 feet APC # 2736 -15 April 19, 2015 Area Plan Commission of St. Joseph County, M 227 W. Jefferson Blvd Room 1140 County -City Building South Bend Indiana 46601 Area Plan Commission APC# 2736 -15 remonstrathre against the rezoning petition Please consider this the written expression of my opinion/rebuttal to be included as part of the petition file, to be submitted to the commission prior to the public hearing on Tuesday, April 21, 2015. Please DO NOT rezone the proposed area on Miami Street In 2007, I specifically purchased the building at 1207 Miami Street because it is a 4 -unit Multi - family buildine. If the current Multifamily District is rezoned to single family and two family maximum, my 4 -unit multifamily property would become illegal and I will be adversely affected with financial loss and potential bankruptcy. My name is Romell Reed and I live in Seattle, WA. I just received this disturbing letter on Saturday, April 18th. I cannot afford to hop on an airplane to appear in person to verbalize my position against this petition. Instead, I will try to arrange for my local Agent /Property Manager, Casey Harrison to attend. Because of the late notice, the only way I can get my opinion/rebuttal to the Commission before Tuesday, April 2151 is by email. Thanks for your consideration. Romell Reed Romell's Investment Properties PO Box 82511 Kenmore, WA 98028 (425- 485 -2215) Bargnbabe @aol.com CC: Casey Harrison RECEIVED AoR 2 12015 AREA PLAN OOMMISSION ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1221 MIAMI STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT CURRENTLY ZONED MF1 REQUESTING SF2 IN ORDER TO SELL A HOME CONVERTED TO SINGLE FAMILY NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: LOT LETTERED "R" AS SHOWN ON THE RECORDED PLAT OF WENGER & KRIEGHBAUM'S VISTULA AVENUE TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA be and the same is hereby established as SF2 Single Family Two Family District SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 20_, at o'clock m. Approved and signed by me on the .m. tsi kBADING 39�_t PUBLIC HEARING '.t rd READING NOT APPROVED_ {� REFERRED A'P- PASSED City Clerk day of , day of 20 , at o'clock Mayor of the City of South Bend, Indiana Filed [F -L 1D[ce rA� >�f YCITY CLFeRI;; PETITION TO REZONE City ofSouth Bend Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 1221 Miami St, Soulh Bend, IN 16601 2) The property Tax Key Number(s) is /are: 018- 7017.0701, Parcel Manher: 71 -08 -13 -228- 012.000 -026 3) Name and address of property owner(s) of the petition site: lLloluuurnced 1. Rascal 55566 Labrador Poiru (.•l" Osceola, IN 46561 574- 333 -8450 Icrhrador S 5 <6ti;an. raet Name and address of additional property owners, if applicable: 4) Name and address of contingent purchaser(s), if applicable: Nome Aciclre.cs Cll}•. Stale Zip Code Phone number [rich drea Code [ AMailliddress Name and address of additional property owners, if applicable: 5) It is desired and requested that this property be rezoned: From: MFI Urban Corridor Multifamily District Additional zoning district, if applicable To: SF2 Single Family Two Family District 6) This rezoning is requested to allow the following use(s): Single Family Home 7) Attached, and made a part of this PETITION, is: (a) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (b) addressed, stamped envelopes for all property owners within 300 feet of the petition property. CONTACT PERSON: blohanmiadI Raszd .55j66 Labrador Pohn CT Usceulu.lN .16561 574- 333 -8-150 hehrudm _s566'aalt. net Signature(s) of all property owner(s), or signature of Attorney for all property owner(s): i A n .r• I LAWRENCE P. MAGLIOZZI _/I 3C I L EXEC LI I IVE UI11 EC'1'OR Angela M. Smith Dc Piny ni....... AREA PLAN COMMISSION pF ST. JOSEPH COUNTY, IN 227 W. J11,FFI:IRSON BI VD., ROOM 1140 COUNTY - CITY BLIII DIN X ' FQ� 1, n..P 1 ', u 11 I ND I;N+ DI k Nl)fft, -db Wednesday, April 22, 2015 rt The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 ClYY CLERK, atjIi'tt's3END, IN (574) 235 9571 RE: A proposed ordinance of The City of South Bend Department of Community Investment and the City of South Bend Parks Department to zone from MU Mixed Use District and GB General Business District to CBD Central Business District, property located at 416 Western Avenue and 501 W. South Street, City of South Bend - APC# 2738 -15. Dear Council Members: I hereby Certify that the above referenced ordinance of The City of South Bend Department of Community Investment and was legally advertised on Thursday, April 09, 2015 and that the Area Plan Commission at its public hearing on Tuesday, April 21, 2015 took the following action: Upon a motion by John DeLee, being seconded by Robert Schrock and unanimously carried, the proposed ordinance of The City of South Bend Department of Community Investment and the City of South Bend Parks Department to zone from MU Mixed Use District and GB General Business District to CBD Central Business District, property located at 416 Western Avenue and 501 W. South Street, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. The City continues to support the development and redevelopment of downtown properties. Zoning these properties to the same zoning classification as the surrounding properties will encourage compatible development opportunities. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, * gsn iII Lawrence P. Magliozzi Attachment CC: The City of South Bend Department of Community Investment Jones Petrie Rafinski City of South Bend Parks Department SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY. OSCEOLA & ROSELAND wWWST)OSEpHCOV NTTINpIAN A.COM /AREApLAN Staff Report 4/10/2015 APC # 2738 -15 Owner: The City of South Bend Department of Community Investment Location: 416 Western Avenue and 501 W. South Street Jurisdiction: City of South Bend Public Hearing Date: 4/21/2015 Requested Action: The petitioner is requesting a zone change from MU Mixed Use District and GB General Business District to CBD Central Business District. Land Uses and Zoning: On site: On site is a portion of Four Winds Field, a retail store, a parking lot, and a vacant commercial building. North: To the north across Western Avenue is the VA clinic zoned GB General Business and CBD Central Business District. East: To the east is land used in conjunction with Four Winds Field zoned CBD Central Business District. South: To the south is Four Winds Field stadium zoned CBD Central Business District. West: To the west across William Street is a multi- family structure and a commercial building zoned MU Mixed Use and GB General Business. District Uses and Development Standards: The CBD Central Business District is established to promote the development of the downtown region of the City of South Bend as a center for trade, finance, government, high density residential and entertainment districts within St. Joseph County and north central Indiana. The regulations of this district are intended to encourage high density, mid - rise and high rise developments which may include a mixture of compatible urban uses. The development standards in this district, while designed to provide for high density development, also encourage a pedestrian friendly environment supportive of urban residential developments, retail, restaurant, theater and similar business and cultural uses associated with major metropolitan areas. Site Plan Description: The area being rezoned is a portion of the larger Four Winds Field at Coveleski Park. The Cub Den retail store and another commercial building currently exist on the site, as well as a portion of the stadium that contains the Tiki Hut and the Fun Zone. No new structures are proposed at this time. The remainder of the site is parking and open space. Zoning and Land Use History And Trends: In 2007 the City acquired the former Sears Building and GatesToyota property to allow for the expansion of Coveleski Stadium. Traffic and Transportation Considerations: Western Avenue and William Street have two lanes plus on- street parking. Utilities: This site is served by municipal water and sewer. APC4 2738 -15 Page I oft Staff Report Agency Comments: The County Surveyor, City Engineer, and Department of Community Investment recommend approval. 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: 4/10/2015 The petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006) Objective AC 3: Establish downtown South Bend as a destination for arts and culture within a multi -state region. Land Use Plan: The future land use map identifies this area as Commercial (Office & Retail) and Central Business District. Plan Implementation /Other Plans: There are no other plans for this area. 2. Current Conditions and Character: The area immediately around the site has been developed for uses that support the use and enjoyment of the baseball stadium, including other uses compatible with the CBD District. 3. Most Desirable Use: The most desirable use for the land is one that supports the existing uses and developments in the downtown area. 4. Conservation of Property Values: Due to the fact that the use of the property will not change, surrounding property values should not be affected. 5. Responsible Development And Growth: It is responsible development and growth to zone the property CBD Central Business District in order to make it compatible with surrounding properties. Staff Comments: The staff has no additional comments. Recommendation: Based on information available prior to the public hearing, staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. Analysis: The City continues to support the development and redevelopment of downtown properties. Zoning these properties to the same zoning classification as the surrounding properties will encourage compatible development opportunities. APC # 2738 -15 Page 2 of 2 ikA.k i F �vt 1• ;77 i a s� � Y .'rxJ �exiL�'+oe I S� rT,' *ii�u ii 9 �E. rZ � —. lit ;'j, a .. .... .5 ll. is CF 711'56�� [ inch = 200 feet - `' P�,OR�T�AGE T�(�.WNSHI P �` r1�c i' c. drt Sx�j x I I _ ��-R Y 7 lt= e � f D Al ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 416 WESTERN AVENUE AND 501 W. SOUTH STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Portions of Lots 1 and 2 of the recently recorded subdivision of Coveleski Park contain small areas of mixed use (MU) and General Business (GB) Zoning. The request is to change these areas to Central Business District (CBD) as the remainder of the Plat consists of. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Portions of Lots 1 and 2 of Coveleski Park Minor Subdivision as recorded in the Office of the Recorder being more particularly described as follows: Beginning at the Northwest Corner of Lot 2 of said Coveleski Park; Thence North 890 21' 34 ", East 427.71 feet along the North line of said Lot 2; Thence South 010 01' 04" East 385.87 feet: Thence North 760 41' 50" West 306.60 feet; Thence South 89° 16' 22" West 129.54 feet to the East boundary of Williams Street; Thence North 01 ° 12' 58" West 312.20 feet along said East boundary to the point of beginning and containing 3.31 acres, more or less. be and the same is hereby established as CBD Central Business District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the -day of 2_, at o'clock . M. I St REAWr- pUBLIC HEARING 3,d READING ;dOT Appj:QVW UTRRM PASSED Approved and signed by me on the o'clock . M. City Clerk day of Mayor, City of South Bend, Indiana 2—, at PETITION TO REZONE City of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Area south of Western Ave., east of William St., west of Lafayette Blvd. and north of Covelski stadium. 2) The property Tax Key Number(s) is /are: 18- 3014 -0515 & 18- 3014 - 051501 3) Name and address of property owner(s) of the petition site: City of South Bend Department of Community Investment 227 W Jefferson Blvd., Ste. 1400.S South Bend, IN 46601 (574) 235 -9371 drelos@southbendin.gov Name and address of additional property owners, if applicable: City of South Bend Parks Department 321 E Walter Street South Bend, IN 46614 (574) 299 -3482 pstclair @ southbend ir,.gov 4) Name and address of contingent purchaser(s), if applicable: Name and address of additional property owners, if applicable: 5) It is desired and requested that this property be rezoned: From: MU Mixed Use District GB General Business District To: CBD Central Business District 6) This rezoning is requested to allow the following use(s): Those as allowed in Central Business District 7) Attached, and made a part of this PETITION, is: (a) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (b) addressed, stamped envelopes for all property owners within 300 feet of the petition property. CONTACT PERSON: Jones Petrie Rafinski Mikel Currier 412 S Lafayette Blvd South Bend, IN 46601 (574) 232-4388 mcurrier@jprlsource.com or signature of Attorney for all property owner(s): e cj" n CiTy (7 6 i [ ( Pte. Z-L-iJ-� Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AND AMENDING CHAPTER 19, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL CODE IN ITS ENTIRETY ADDRESSING ABATEMENT REGULATIONS ADDRESSING TALL GRASS, WEEDS, NOXIOUS WEEDS AND RANK OR OVERGROWN VEGETATION AND FURTHER AMENDING SECTION 16 -61 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PENALTIES STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that the Indiana Code 36 -7 -10.1 authorizes municipalities in Indiana to address the regulation of weeds and rank vegetation by proper ordinance. The City's current regulations codified in § 19 -32 through §19-35 of the South Bend Municipal Code addressing "weeds and noxious growths" were passed prior to 1962, and those height restrictions are in conflict with the height limitations set forth in the nuisance regulations codified as § 16 -58 of the South Bend Municipal Code, which were passed in 1994. In 2013, the Indiana General Assembly enacted Public Law 203 -2013 authorizing a continuous abatement notice procedure which is codified as Indiana Code § 36- 7- 10.1 -3, which has resulted in more efficient and timely enforcement against repeat violators. Last year, the Indiana Court of Appeals upheld the City of Bloomington, Indiana's ordinance which established the maximum height for grass and weeds to be eight inches (8 "). The Court of Appeals further ruled that there were no constitutional violations; holding that the ordinance did not violate a person's freedom of expression under the United States and Indiana Constitutions, nor did it violate freedom of conscience under the Indiana Constitution, (See: Alexander Gul v. City gfBlooniingto n, 2014 WL 7243326 (Ind. Ap. 12/22/2014). Regulations in this area are based on safeguarding public health by decreasing allergies and noxious odors; are based on public safety by seeing that proper sight distances for the vehicular and pedestrian traffic; and are based on aesthetic concerns related to real estate property values and protecting neighborhood stability and sustainability. The City of South Bend believes that a nine inch (9 ") maximum height requirement is reasonable for the entire city, and would be consistent with the current regulations addressing vacant lots addressed in South Bernd Municipal Code, § 16 -58. By way of comparison, examples of Indiana communities have ordinances which established maximum heights are as follows: Bloomington 8" Fort Wayne 9" Marion 9" Carmel 6" Goshen 6" Michigan City 6" Elkhart 8" Hammond 6" Mishawaka 9" Evansville 9" Lafayette ]0" Ordinance on Tall Grass, Weeds, Etc. Page 2 This ordinance permits native grasses and planting for ecological restoration and to further natural landscaping subject to existing setback regulations and safety considerations. The Common Council recognizes that there are private and public benefits resulting from the maintenance of properties, and that well maintained properties enhance the vibrancy of the neighborhoods and the overall welfare of the City. The Common Council, in collaboration with the City Administration, believe that the following ordinance is in the best interest of preserving and protecting the public health, safety and welfare of the City of South Bend, Indiana. %Irir• / /rr�,n•. �f1r. %/ t<Jir /rriari / /� / /r•'�muuiu.a � %rnari /r�' //v (r /�r�(Jai // �r /irvrr /. .. �irr /hrrn, rid�U /rrro;: Section I. Chapter 19, Article 2, Section 19 -32 through Section 19 -35 of the South Bend Municipal Code is amended to read in its entirety as follows: ARTICLE 2. ABATEMENT REGULATIONS ADDRESSING TALL GRASS, WEEDS NOXIOUS WEEDS AND RANK OR OVERGROWN VEGETATION See. 19 -32 Definitions. For purposes of this Article, the following definitions shall apply: (a) City shall mean the City of South Bend, Indiana. (b) Enforcement Authority shall mean the Department of Code Enforcement. (c) HI dre phytic• vePetutiou are plants living in wetlands governed by the federal Clean Water Act. t (d) Natural laudscapinz vegetation shall mean native or beneficial landscaping vegetation which helps balance the needs and sense of beauty with those of nature by protecting existing natural areas, reduces the use of pesticides, practices soil and water conservation, reduces the use of power landscape equipment, and helps reduce heating /cooling needs. Natural landscaping vegetation requires the property owner to have a current wildlife habitat certification which must be shown and presented to the City's Enforcement Authority, in the event that the property becomes subject to a complaint or inspection.2 The website of the Indiana Department of Environmental Management (IDEM) www.wetlands.]N.gov sets forth the governing regulations consistent with the federal Clean Water Act. Z The U.S. Environmental Protection Agency, Region 5 which includes Indiana, Illinois, Michigan, Minnesota, Ohio and Wisconsin has published a "Natural Landscaping Resource List', and has published articles on "Beneficial Landscaping" copies of which are on file in the Office of the City Clerk. Some examples of natural landscaping include native plants and vegetation, prairie wildflowers, ornamental grasses, and native woodlands. Wildlife Habitat Certification which is required by this ordinance has information available at litto://www.indianawildlife.org/habitat- n-o rams /wilfdlife- friendly- certification- nroarant /. The City shall maintain a link to such information on their website. Ordinance on Tall Grass, Weeds, Etc. Page 3 (e) Noxious weeds shall have the definition set forth in Indiana Code § 15- 16 -7 -2.3 (f) Owner shall mean the owner of record listed in the records of the St. Joseph County Recorder's Office. (g) Rain Garden shall mean a type of natural landscaping vegetation which are shallow, vegetated basins which collect and absorb runoff from rooftops, sidewalks, and streets.4 (h) Rank vegetation shall mean vegetation and plant growth not exempted under Indiana Code $ 36 -7- 10.1 -3.5 (i) Sustainable landscaping includes vegetation which is carefully selected to avoid the use of invasive species which are in balance with the local climate and requires minimal use of fertilizers, pesticides, and water which are functional, visually pleasing and environmentally friendly. 0) Vegetation shall mean all plants, trees, shrubs and weeds. (k) Vegetation nnanagenumt tools include but not are ]invited to mowing, tfimming, and using herbicides.6 (1) Weeds shall have the definition set forth in Itdiana Code 15- 16- 4 -40.' ' Indiana Code § 15- 16 -7 -2 lists Canada thistle, Johnson grass, Columbus grass, Bur cucumber, and Shattercane as noxious weeds. Indiana Code § 15- 16 -7 -14 states that the Purdue University cooperative extension service is to provide technical assistance to any weed control board in order to control and contain the growth and spread of noxious weeds. 4 The Environmental Protections Agency (EPA) also refers to rain gardens as "bioretention or bioinfiltration cells [which] mimic natural gydrology by infiltrating and evaportranspiring runoff. Rain gardens are versatile features that can be installed in almost any unpaved space ", EPA publication "What is Green Infrastructure ? ", June 13, 2014. S Indiana Code § 36- 7- 10.1 -3 provides that "weeds and other rank vegetation does not include agricultural crops, such as hay and pasture ". G The Indiana Department of Transportation (INDOT) has categorized "vegetation Management tools" as mechanical, manual, chemical, biological or cultural' with mowing being the most common form and best for weed control, Joint Transportation Research Program — Indiana Department of Transportation and Purdue University Integrated Vegetation management (IVM) for INDOT Roadsides, March 2014, p. I. I Indiana Code § 15- 16 -4 -40 defines "weed" as "any plant that grows where the plant is not wanted Ordinance on Tall Grass, Weeds, Etc. Page 4 Sec. 19 -33 Maintenance and Landscape Regulations, Excessive Growth Prohibited. (a) The owners of real estate located in the city shall use vegetation management and sustainable landscaping tools on the real estate's vegetation so that they are in compliance with this Article, and do not become a public nuisance. (b) It is unlawful for the owner of real estate in the city to allow his or her real estate to become overgrown with weeds, grass, noxious weeds, rank vegetation or other vegetation in excess of the height of nine inches (9 ") or to such extent that the growth is detrimental to the public health and constitutes a public nuisance. It is unlawful for the owner of real estate in the city to allow any sidewalk or alley abutting such real estate to become overgrown with vegetation. (c) In light of the self - sustaining nature of natural landscaping vegetation hvdrophytic vegetation and their ecological benefits, they are exempt from the nine inch (9 ") height requirement upon the property owner having a current wildlife habitat certification which must be shown and presented to the City's Enforcement Authority. However, if such natural landscaping vegetation and /or hydrophytic vegetation negatively impacts the visibility requirements needed for sight distance related to pedestrian and /or vehicular traffic, they must be corrected in order to address such public safety concerns as directed by the Enforcement Authority_ In those circumstances, public safety requires appropriate maintenance and vegetation management. Natural landscaping vegetation and /or hvdrophytic vegetation may be located no closer than one -half (1 /2) of the setback distance requirements of a front vard. Sec. 19 -34 Consequences of Failure to Comply and Continuous Enforcement. (a) Any owner of real estate located in the city who fails to comply with the provisions of this Article shall be subject to the enforcement procedures set forth in Section 16 -59 of the South Bend Municipal Code. (b) A continuous abatement notice will serve as notice to the owner that each subsequent violation during the same calendar year in which the initial notice of violation was provided may be abated by the city without further notice. Such notice shall comply with Indiana Code & 36 -7- 10.1-3. Sec. 19 -35 Penalties. (a) Any person found in violation of a provision of this Article shall be fined the sum of Three hundred fifty dollars ($350.00) per violation. Each day after the expiration date of any time limit ordered by the Board of Public Works or its designee for abating a nuisance condition shall constitute a distinct and separate offense. Any person found in violation of a provision of this Article whose property becomes listed as a continuous enforcement property shall be fined the sum of five hundred dollars ($500.00) per violation in that first calendar year of being listed Ordinance on Tall Grass, Weeds, Etc. Page 5 Thereafter, each violation shall be fined and assessed administrative fees related to costs incurred by the city for inspections, abatement and administration and a penalty which shall be as follows: Fine Per Violation Continuous Enforcement Fee for Administrative Expenses 2 "ate $750.00 $400.00 2"-year $1,000.00 $450.00 0' year and thereafter $1,500.00 $500.00 This section supplements and does not limit any other remedy or action available in law or in equity being pursued by the Department of Law. See. 1932. • ds; Height Rest 1\ . WIN - as WMN Nil IN wow- - as WMN Ordinance on Tall Grass, Weeds, Etc. Page 6 .. • Section 11. Chapter 16, Article 8, Section 16 -61 of the South Bend Municipal Code is amended to read in its entirety as follows: Sec. 16 -61. Penalties and Administrative Fees. Lal Except as otherwise provided, any person violating a provision of this chapter shall be deemed guilty of an offense and fined not less than fifty dollars ($50.00) for a first offense, not less than one hundred dollars ($100.00) for a second offense and not less than two hundred dollars ($200.00) for all subsequent offenses, but no fine for any individual offense shall exceed twenty - five hundred dollars ($2,500.00) Each day after the expiration date of the time limit ordered by the Board of Public Works or its designee for abating a nuisance condition under this chapter shall constitute a distinct and separate offense. (b) Any person found in violation of the snowing regulations set forth in Section 16 -58 shall be fined the sum of Three hundred fifty dollars ($350.00) per violation Each day after the expiration date of any time limit ordered by the Board of Public Works or its designee for abating a nuisance condition shall constitute a distinct and separate offense Any person found in violation of a provision of this Article whose property becomes listed as a continuous enforcement property shall be fined the sum of five hundred dollars ($500.00) per violation in that first calendar year of being listed. Thereafter, each violation shall be fined and assessed administrative fees related to costs incurred by the city for inspections, abatement and administration and a penalty which shall be as follows: Fine Per Violation Continuous Enforcement Fee for Administrative Expenses 2"I year $750.00 $400.00 31d year $1,000.00 $450.00 01 year and thereafter $1,500.00 $500.00 (c) This section supplements and does not limit any other remedy or action available in law or in equity being pursued by the Department of Law. rN ..• rN ..... .. • Section 11. Chapter 16, Article 8, Section 16 -61 of the South Bend Municipal Code is amended to read in its entirety as follows: Sec. 16 -61. Penalties and Administrative Fees. Lal Except as otherwise provided, any person violating a provision of this chapter shall be deemed guilty of an offense and fined not less than fifty dollars ($50.00) for a first offense, not less than one hundred dollars ($100.00) for a second offense and not less than two hundred dollars ($200.00) for all subsequent offenses, but no fine for any individual offense shall exceed twenty - five hundred dollars ($2,500.00) Each day after the expiration date of the time limit ordered by the Board of Public Works or its designee for abating a nuisance condition under this chapter shall constitute a distinct and separate offense. (b) Any person found in violation of the snowing regulations set forth in Section 16 -58 shall be fined the sum of Three hundred fifty dollars ($350.00) per violation Each day after the expiration date of any time limit ordered by the Board of Public Works or its designee for abating a nuisance condition shall constitute a distinct and separate offense Any person found in violation of a provision of this Article whose property becomes listed as a continuous enforcement property shall be fined the sum of five hundred dollars ($500.00) per violation in that first calendar year of being listed. Thereafter, each violation shall be fined and assessed administrative fees related to costs incurred by the city for inspections, abatement and administration and a penalty which shall be as follows: Fine Per Violation Continuous Enforcement Fee for Administrative Expenses 2"I year $750.00 $400.00 31d year $1,000.00 $450.00 01 year and thereafter $1,500.00 $500.00 (c) This section supplements and does not limit any other remedy or action available in law or in equity being pursued by the Department of Law. Ordinance on Tall Grass, Weeds, Etc. Page 7 Section Ill. 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 IV. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Tim Scott, I" Di s£r`i Council Member Karen L. White, Council Member at Large John Voorde, City Clerk < /::, ;rl, / „/by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the _ day of , 2015, at o'clock . m. Janice Talboom, Deputy Clerk %ii•i.. /niu/ ✓ /n.. /by me on the _ day of _.m. to the Mayor of the City of South Bend, Indiana. Pete Buttigieg, Mayor �_17 -Lr 1 sf READING PUBLIC HEARING. 3 rd REEDING NOT APPROYM i:`rERREll .- PASSED 2015, at o'clock Filed Err J.Mae Jiikl. CITY CLERN, e'r 4END,IN ..` "k I#" J q "' �G C. Common council City of South Bend Indiana Tim Scott, Council President 41h Floor County -City Building 227 West Jefferson Boulevard (574) 235 -5980 South Bend, Indiana 46601 (574) 235 -9173 Facsimile (574)235 -5567 TTY/TDD April 20, 2015 Members of the Common Council 4 °i Floor County -City Building South Bend, Indiana 46601 Re: Ordinance Updating the City's Tall Grass, Weeds, Noxious, Rank or Overgrown Vegetation Regulations Dear Council Members: For the past several months we have been talking with members of the public and the City Administration regarding the need to update our current regulations addressing tall grass and other overgrown vegetation. Some of the City's regulations in this area have not been updated since before 1962 which address a 12" maximum, while other City regulations have a 9" maximum. Our review of several communities throughout Indiana, which Have updated their regulations in this area, established heights which range from 6" to 9" for the maximums allowed. We believe that the property owner, who fails to comply with reasonable regulations in this area, should bear the cost of compliance, rather than the City taxpayers. The attached ordinance would do several things, such as: • Update all regulations on this topic in the South Bend City Code • Establish a consistent maximum height of 9" for such types of growth throughout the City • Incorporate a program, similar to the one in City of Indianapolis, where the costs for properties which are subject to continuous enforcement, would be assessed a fee amount to help cover the costs of city inspections, abatement and administration, plus a fine • Incorporates recommendations from the Environmental Protection Agency (EPA) publications which recommend the use of natural landscaping regulations to help protect the beauty of natural areas while helping to reduce the use of pesticides, reduce the use of power landscape equipment and promote soil, water conservation and sustainability Cover Letter for the Proposed Ordinance Updating the City's Tall Grass, Weeds, Noxious. Rank or Overgrown vegetation Regulations April 20, 2015 Page 2 • Encourage the use of native Indiana plants which require less fertilizer, fewer pesticides, and less water and help prevent the spread of invasive plants and certification of qualifying wildlife gardens, and EPA recommended rain gardens We are also exploring a possible pilot program which would seek greater collaboration with non- profit corporations who deal with youth in developing youth training, leadership skills and employment opportunities. A separate Resolution will be filed which sets forth more details on such a pilot program being proposed and developed, which would be heard at the same Common Council meeting as the attached proposed ordinance. We are also working and collaborating with the City Administration to assure that the entire process is made available for all qualifying individuals. We recommend that the proposed ordinance be referred to the Council's Health and Public Safety Committee for review and recommendation. We look forward to sharing additional information with you on this topic which unfortunately affects the quality of life in too many areas of our great City. Thank you. Most sincerely, c y' Tim Scott,` 1 ' District Council Member Council President South Bend Common Council Karen L. White, Council Member at Large Community Relations Committee Chairperson South Bend Common Council Attachments Office �aildY flS' .��144 �yi�' L`fT�l` GE�Ctry �.Utl`E Ff I�EFfFF (�- � �0c) Ir-36 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3702 W. Sample, South Bend, IN 46619 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR: Kruk Electric, LLC WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3702 W. Sample, South Bend, IN 46619 and which is more particularly described as follows: Business Personal Property and which has a Key Number to be assigned be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seMc ., and South Bend Municipal Code Sections 2- 76 et sec ., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et sec ., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1-4.5 et seg., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; El. 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. PRESENTED Filed In Clark's Office MAY z CITY CLERK, SOUTH BEND, IN of the Common Council 227 W. JEEFERSONBOULEVARD SUITE 1400 S. Soum BEND, IN 46601 -1830 May 4, 2015 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT ScoTT FORD, EXECUTIVE DIRECTOR Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: Kruk Electric, LLC Dear Council Member Ferlic: PHONE: 574/235 -9371 FAx:5741235 -9021 Please find the attached information pertaining to a personal property tax abatement petition for Kruk Electric, LLC.: ➢ Department of Community Investment's summary report ➢ Copy of the petition ➢ Statement of Benefits form ➢ Supporting information. The report contains the Department's findings relative to the above petition. Kruk Electric, LLC will be purchasing and installing approximately $175,000 of new equipment to expand their production capabilities. The project meets the qualifications for a (5) five year personal property tax abatement and a representative from Kruk Electric, LLC will be available to meet with the Committee on Monday, May 11, 2015. 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 NEwaao;uiom ENGAGEMENT BUsINEss DEVELOPMENT ECONomc REEOURCEs JITIN KAIN PAMBLAC.MEYER CHRIS FIELDING BROCKZEEB TAXABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BROCK ZEEB SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: Kruk Electric, LLC DATE: May 6, 2015 On Monday, May 4, 2015, a petition from Kruk Electric, LLC was received and subsequently filed with the City Clerk for personal properly tax abatement consideration for property to be located at 3702 W. Sample, South Bend, IN 46619. 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 SUIVEVIARY ➢ Purchase of two new wire former machines to expand production capabilities ➢ New project taxes — $15,012 ➢ Estimated taxes being abated during five year abatement period — $6881 Total taxes to be paid on new and existing equipment over the next five years — $8131 EMPLOYMENT EMTACT Per the petition, it is estimated that the total project will: ➢ Create zero (0) permanent, full-time and zero (0) permanent, part -time jobs within the first year, representing a new annual payroll of $0 ➢ Maintain (4) four existing permanent full -time and (0) zero existing part-time jobs with an annual payroll of $83,200. ➢ The project will create 0 jobs over ten years with a payroll of $0 per job. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMHCRESOURCES ATIN KAIN PAMELA C. MEYER CHRIS FIELDING BROCK ZHEB ABATEMENT QUALIFICATION . I. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 4. A review of the Tax Abatement Ordinatkee 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. May 6, 2015 p. 2 Bamar Plastics, Inc. r A �la�! T H ro a N •Q. 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"`"' DBA Advance Wire Form mpY '""b"sT krukelectric @comcast.net Proposed Project Information Qro o,,, :p o ecb d° sn ' 3702 W. Sample, to a a Kruk Electric LLC South Bend. IN 46619 - tgal oe''e Kruk Electric LLC Stteacie` g o ` %age a f"d "� max' r* gc .f "a,N`m'' f' Is °t er al"5'tateo netl w tat Source *.,�_ fi?ias Bank M Squaieta.Et2ftA " li{y 9 �'r+K 10,000+ Primary Contact Information If e 5 db hOm. 1st Source Bank PuxY„� Daniel Kruk ,gym- -' Member 3702 W. Sample 2`1��5f`°tTi'4ZT - South Bend, IN 46619 Eiailf - -'' Senior Official e o n a,n A x Daniel Kruk Tit_Ir4 Member Addr n s ggmpa d % Pho ov Consultant Information/Agent Haed zm�ss co4nsul'Wfit]agent Mir-e� y nsu to wry, 1/WSi.n C�onSUlta brelse(Y ITV 'n' /N Addres �.q .S +"T'yr'T9°arrE, >" Looleconomlcdevelop ent pakners '- CitY{Stel'e-�ZtPa,F.s EtbpJ Project Overview anefife npiio`n of, ou, z wmpap.lectla t e :. Advance Wire Form is a DBA of Kruk Electric LLC. Advance Wire Form manufactures springs and wire farms for the ,#' .; medical and brake industries. We have experienced steady growth in recent years, and need to expand our production propertyls oeressery .ice �s nr{'x capabilities. Our project includes leasing more ewnot9lc machines. Our in increased space from the business complex, purchasinwire formers growth will result sales and employment. - Filed in Mims ESL a L 'RpE N DEN >? , i cerufieecF' ol'""'Pyai a p o r ate>'. comu nl,ttevitalizatE�rancemFrit?�- p - NlA Certifytfi 'b e n Per it a obbe`n ::' AIA If this lsa ee_trttmo— pe naF ro"�ie"ty {ak abatement'haz"'. kc#f °C No Wit 'reinstall ge equuipg cm. yr rice IN 2015 2016 2017 2018 2019 2020 2021 2022 t[jobs fm: ��be�¢s rbo�us pe dire rol d noC, h nn'oaE �cu'ro�xylyaty i L >'}Y {{4''��•, e5ti hp�v'i.'£+k '��c�✓`*Si� �F$ .?GM.,. 2019; _ °Sr'A 4 $10.00 2017`; 2018 5 2020 2023 x. • • _ �`T4'F.�7ilf Lln7¢ `G Part Lrp! y! .""nsr' '�6 TWtio�r"s� s c`FTechntcal�x $10.00 drog `= tAdmfqq'iztiativ`e- t'�a.1'3tyr aafTes - ow e7 n wdua Tesponsi e. r coor inahng¢gt 't 4'i: `WWor One on recruitiri biz- �> _ ?' ' Daniel Kruk Ooesy�opfw @nmjt ve al4EO Fj�flOg �dlt 7 - - - Ar oR a0 rO employeja x.'S Yes ' - •�. Plea se...detie your wmmR Ito a� C�'ti E 153 i it dive iry and In us an 6�yyd,,B��ding your S 'h f4eK �..�e_ ea7 2073 2074 2015 I,dY^S urre . ssit ?Y e «rT3 nGa.E',MO�� threeyea�rs as well azcrrentpoJ aesf ' �"�_�`�`�"�` Part Time -.: "'. t�FUIITYme Full Time,, Part Time FullLme }part Timer _ w- a Full-Time Permanent Indiana-Resident Positions by Calendar Year Ca en a ea 1"I�i is n d �E TO TERM 1 2u f muTahve?t of n�?`ITEtA/tull`timeR?' ,§ }r eu at er eS eYv'ag /'�* fifSt$t ra R R . e' `t`�t ay Pe creatd�at pro yof "inn `�.vt�a t[jobs fm: ��be�¢s rbo�us pe dire rol d noC, h nn'oaE �cu'ro�xylyaty i L >'}Y {{4''��•, e5ti hp�v'i.'£+k '��c�✓`*Si� �F$ .?GM.,. 2019; _ °Sr'A 4 $10.00 2017`; 2018 5 2020 2023 x. • • _ �`T4'F.�7ilf Lln7¢ `G Part Lrp! y! .""nsr' '�6 TWtio�r"s� s c`FTechntcal�x $10.00 drog `= tAdmfqq'iztiativ`e- t'�a.1'3tyr aafTes - ow e7 n wdua Tesponsi e. r coor inahng¢gt 't 4'i: `WWor One on recruitiri biz- �> _ ?' ' Daniel Kruk Ooesy�opfw @nmjt ve al4EO Fj�flOg �dlt 7 - - - Ar oR a0 rO employeja x.'S Yes ' - •�. Plea se...detie your wmmR Ito a� C�'ti E 153 i it dive iry and In us an 6�yyd,,B��ding your S 'h f4eK �..�e_ ea7 2073 2074 2015 I,dY^S urre . ssit ?Y e «rT3 nGa.E',MO�� threeyea�rs as well azcrrentpoJ aesf ' �"�_�`�`�"�` Part Time -.: "'. t�FUIITYme Full Time,, Part Time FullLme }part Timer _ w- a a :. AsIan"¢ -. -t" md- 7 1 a x.33m WM50-1 ;COns K' rf l " COntraators k ctlo Reta-te - . { W' =.L'` eP.y^S'S'a'[SZSy x :: ` 1LYi' Y S -Yr. ES!lp�ol'. Iota, `MP.?171.ea?f.2i5 %)?:�as.?v' " :: ., 20 if Y I"�,-r3 r'c^'�2$s�?"ci�'�"Fi� �v-'it e s<c P�ur¢se Matefia $`from local Comp ni es (75 %) 20 x v ° rw = qeph p �,t 19 'egk¢e,Pr mgi.._aBS'1N3v!rs3Sog) ^a ' 'k �� s . � 22 22 �MAMMA loi !IPits...."`�2a„�:r �.sY . tA I'aiyeon PfaC °'' a n a n �.,� 20 ..S t.....$s1._c was :i'rx T%k'S �'iu�4ALi S"t z•°,y°a- s a T� � Y _ M1 YkF�..W.. ?'Ye2k�s4.Wg3I>LS "f S q:l'r f ..Sr).. . tu4 fat1 Co°'> s'tfuctlon.Relat4d; cam.. y t' k ._' 0 141 'Eti.✓fS+.?�'� '±- yWaee & Behe rt Rsdlate (Owner) '`� '�' IMAMJOMS.!`5:.24.''K4�'.:1_f Yes 33 33 pr alth Benefits ' rte:% t No 34 Pyoviile Pegslon BePeftsx No ,.;. i,, 29 ,FDI,�x R; v tle Yes 5 28 28 Ws Tti , 4 Provitle ChIld,�a,0e -; c No 15 .yF� Provl�e(Transportatioq Assistance .- r - No 14 tin. x� - I R p4rpvidebErpplo�eASVSted HOUS196 No !program 9 Sub�tota &BenefitRela[erf ::c. zy Wage 61 162 ME Workforce Related -_,,a fev�f,J,obs �, ; .?a r _ Yes 42 42 d.rBi' Re a Yes 41 41 x wr`KV ?LXF .` E a_- nrrnatNe ACtlon Plan - x.. „ No 35 ��'.a�>' rte' No Piro de argefed FiFiifi2ger ference, v 34 r'S 6;"t�otal� orkfo ce 63 ,Related ,: --. ,. 152 ;s =y�r„,,�,,F�Su000r"t a Munlcioal Facilrtv -� « =_ gy 4y r WO ;5 y unicipa7 aabty(donanonsjo the -' No y".�;:`. 3gpri onstarjr*,jijuseUm ett ) k '?" '' 84 ameof„Faih iri' -�, 84 T>.a� �-,3f F'i.� •r` F:''r`s+?s •'�$dt A �' -. 'C-,.' < h i ". ?Suota fro Above 144 _ 539 Filed jM s CITYCLEwt LCS+SrH EFfD,tRt C V✓hals the cu�renta`es�'sed I e7, "�„a ve RCal �roperly.. � Personal Properly �-r- Wha't75e`' io ecte -'aue a va ue1�;' �° ReaLP.`ropert�i" r�zZ -y?" Personal P,ropetty + I`- WhaClszfhetawf%�`ii'b lr�proletj?° W¢RVI s#�d 1 �k Please"�tiach aaGOOglean a d""reet WeY{yofthe locatieni'.: PleaSeIRtt1t$"amoutrof reaPan Tpersiinalpr perty"taxes `.Hn'k�,'rF,'..rl'4s`ac'r Real Pfoperty Taxes Personal Pio'p`crty Vexes - -- Xs+ f farxiheM1kez.ms��P.�l.,i"�� ": paid V��'L '15 ': S `�22JYd.%' •vr f.+Ji,S 1 "'u .ai.c�. Staff Use Please fill out the Public Benefit Summary Information Only and add to the total from above. V orN ;n c 'Points s Tom: t _ Porn s � �?5 .r .3s�- :.usSSUa` public BenefR Item, r . _ `_An Redevelop „x a5rhat�5peaal:N edf 49 �:B zn Develop Based on_L al Unlversity;Research 35 - -;C Achie�e,a PhysmalElement,oiaPlan 36 e Sub tdt51Pro1ec[Related 0 120 4` � `6 h- 'SUperSize Fiolects (poinFValues are`:ctimulauve) - ,. 25 68 c, sz.LCa 65 a00.?^3aPd�0..�',?[ ".: >,- , ±, r. a'� 52 tq2 l,uper Plects 0 ,n's Sub Size "� " 210 ,�7 '{ Tom. *� F'! r Pav for nicipall frastrua[ure:= > "RA %�2 ^;s' -tee �„`•Nn a �i.,.nS €— X'a sM �i- i ARo Ove,Ss�ngg•or Upgrading 14 �f .s?' P,33 fgr,�6 SOY of Eyc,[�ensto n Cosh'. 26 9a3 �5 , Pay.fo 51,75 %�of Ez Vision Cos4+ ' 3 39 y � � T Tarn Pay.(or 76�1�, ofE�te�sion Cost. 52 "t fasucue 5b . t ol 0 131 Total fro1n Appl¢ant Seetlon 4:' m 144 539 ;+:c_, ...- Ha;; -; Total from 5taff5 tton 0 461 s ; Total Putihc Benefit Points 144 1000 Filed jM s CITYCLEwt LCS+SrH EFfD,tRt C Filed In Clark's offlce STATEMENT OF BENEFITS PERSONAL PROPERTY 4 2M FORM SB•1 / PP Slate Form 51764 (R2/12-11) S J' Prescribed by the Department of Local Government Finan e _ JOHN •F-- {r��}s - PRIVACY NOTICE VCi The cost antl any Speer. individual's CI7Yp1Ep1(,11p{)yyjij�yprlpy salaryinlo_ationisconfidential; the balance of the filing is public record INSTRUCTIONS: per IC 6 -1.1- 12.1 -5.1 (c) and (d , 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement mustba submitted to the designating body BEFORE a person installs the new manufacturing equipment and /or research and development equipment and/or logistical distribution equipment and/or information technology equipment for which the person wishes to claim a deduction. Projects °planned or commlited to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to installation of the new manufacturing equipment and /or research and development equipment and/orlogistical distribution equipment and/orinfcrmation technology equipment, BEFORE a deduction may be approved 3. To obtain a deduct(on, a person must file a certified deduction schedule with the person's personal property return on a centfied deduction schedule (Form 103 -ERA) with the township assessor of the township where the property is situated or with the county assessorif 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/ormsearch and development equipment and /or logistical distribution equipment and /or information technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March 1 and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved after June 30, 1ggi, must submit Form CF1 /PP annually to show compliance with the StatementofBenefits. (lC 6d: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, unless an alternative deduction schedule is adopted by the designating body (IC 6- 1.1- 12.1 -17). Name of o Daniel Kruk Kruk Electric of Suite 4044 South Bend, IN 46619 and /or Wire forming and spring manufacturing equipment. Current number 4 Number 4 Manufacturing Equipn R & D Equipment Logisl Dist Equipment IT Equipment nesomtion number (s) DLGF taxing district number ESTIMATED START DATE COMPLETION DATE 5/1/2015 16IM015 NOTE: Pursuant to IC 6.1.1- 12.1 -5.1 (d) (2) the MANUFACTURING R & D EQUIPMENT LOGIST DIST COST of the property is confidential, E UIPMENT EQUIPMENT IT EQUIPMENT COST ASSESSED VALUE ASSESSED COST VALUE COST ASSESSED COST ASSESSED Current values $175,((( Sns,(o( VALUE VALUE Plus estimated values of proposed project $175,000 51'15,000 Less values of any properly being replaced Net estimated values upon completion of project $175,000 $175,00( Estimated solid waste converted (pounds) N/A Estimated hazardous waste converted (pounds) NfA 6tt(A)3_(S--3 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 111 St. Joseph St., South Bend, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (2) TWO -YEAR VACANT BUILDING TAX ABATEMENT FOR JSK Development, Inc. WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 111 St. Joseph St., South Bend, IN 46601 and which is more particularly described as: LOT AB HALL OF FAME & CHOCOLATE CAFE MINOR SUB AND THE ORIGINAL TOWN OF SOUTH BEND 1sT RP RP6363 09 -30 -08 09/10 and which has Key Numbers 018 - 3091 - 347405 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et sue., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6- 1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council, SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (2) two years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of Ea this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council t i µ�9 ✓ktSENTED Filed in Clark's Office MAY 6 2015 JOHN V00ti33ff CITY CIARK, SOUTH BEND, IN 227 W. JEFFERSON BOULEVARD Suns 1400 S. SOUTH BEND, IN 46601 -1830 May 6, 2015 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Real Property and Vacant Building Tax Abatement Petition for: JSK Development, Inc. Dear Council Member Ferlic: PHONE: 574/235 -9371 FAx: 574/235 -9021 Please find the attached information pertaining to a real property and vacant building tax abatement petition for JSK Development Inc: ➢ Department of Community Investment's summary report ➢ Copy of the petition ➢ Statement of Benefits form ➢ Supporting information. The report contains the Department's findings relative to the above petition. The total cost for the construction is estimated at $9,250,000. The project meets the qualifications for a (9) nine year real property tax abatement and a (2) two year vacant building tax abatement. A representative from JSK Development, Inc. will be available to meet with the Committee on Monday, May 11, 2015.. 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 Jim KAIN PAMELA C. MEYER CHRIS FIELDING BRocKZEEB TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BROCK ZEEB SUBJECT: VACANT BUILDING PROPERTY TAX ABATEMENT PETITION FOR: JSK Development, Inc. DATE: May 6, 2015 On Tuesday, April 21, 2015, a petition from JSK Development, Inc. was received and subsequently filed with the City Clerk for vacant building property tax abatement consideration for property to be located at 111 St. Joseph St, South Bend, IN 46601. 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 ➢ Construction of a full- service national brand 120 room hotel and connecting annex to the former College Football Hall of Fame. The Hall of Fame would become a multi-use, owner- occupied property which would house all the support services for the new hotel (reception, restaurant, etc.) as well as the new home for JSK Development corporate offices. ➢ $9,250,000 investment in new building construction and building expansion ➢ Total project taxes — $173,745.28 ➢ Estimated taxes being abated during two year abatement period — $107,783.53 ➢ Total taxes to be paid during two year abatement period — $65,961.75 EMPLOYMENTIMPACT Per the petition, it is estimated that the total project will: ➢ Create 33 permanent, full -time and zero (0) permanent, part-time jobs within the first year, representing a new annual payroll of $884,083.20 PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES hTIN KAIN PAMELA C. MEYER CHRIS FIELDING BROCKZEEB ! ƒ )! / 7! } OZ .f !§ ! � )} L S \ } \ g )\ \\ )) ! !)! /)) ) \ } / § ( )! / 7! } OZ .f !)! /)) ) \ } / § ( -/[ \k / §§ {!!!. / r! !�| )| !({ �t r, )! / 7! -/[ \k / §§ {!!!. / r! !�| )| !({ �t r, City of South Bend i Petitloomlrst ukrde00SOgMgJeepayable to the CftYC1erk' st7 JJfw or online via the C7ty's websiteat httpy /so hbencin.gov/govemment /content/ tax- obatement before processing can be complete 'a" iseneral information Project Name Project Number Legalnome is iagi a a" J O;dti, Seaetaryaf JSK Development Inc. BminesssWaure S -Corp Canpanywabsite www.Jshotel.com Proposed Project Information I proposed pFajecta4dress ..Parent camPam/name pry; SLte,Lp Legal owner JSK or LLC to be named later She Passes oroaeage jequlred Is the real estate owned or Squarcfeetatnrouty Primary contact information If leased by whom primarycom imi, aaalo t name AJ Patel Tme President Addressofcompanymlitaa 247 North Dixlewsy Phone 574 - 387-4468 CM1y, Stall TiP I South Bend IN 46637 Email mailQskhotel.com Serl Official Conpanyseniorof ch, eme NPate] Title Addressofoonpanym ,havel taapfdiHerentfrom Same Phone City. elate, Z3P Email Hired business cunsuimht/agent name Comuhant release (Y /N) Address Local economic development Partners a oaraval N atv, State, tip I Email Brief description of youf. compam project, and "irthe This project Involves the construction of a full- service national brand 120 room hotel and connecting annex to the former lm College Football Hall of Fame. The HOF would become a multi- use, cwner-occupied pro which wooed house all the property is necessaryf MP" support services for the new hotel (reception, restaurant, etc) as well as the new home forJSK Development corporate offices. Filed in s Office � 1 ZOIS JOHN VooriDe ^"•'''!' CLERK, SOUTH BEND, IN Certified Technology rkappro"te Community Revits District aenhancement cerHfythat the BUgdln permfthasnotbeen N- Notissued Number of residential units created by I property tax abatement, has If this is a petition for the Mlemand, been installed "Calendar Year landApgtllsldan eulichns tease Pay. Buildng PWthese Cos�� New Building Cnoatrucdon odstIng Bugling Improiements New Machinery & Equ"en t Special ToolingJBetopli�g New Furnkurelfbdure New Computer fir Hardrm New Software 13 On-sRe Bail Infrastna�re On-stte fiber infrestr0 we 2015 2016 2017 2018 2029 2020 2021 2022 $50,000 $15D,000 5160,000 52W,000 S600.000 6500.000 56,000,000 5250,000 $ 3W.Wo S 200.000 51,000.00 $1,000,000 Tull-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year lolxrelalned Taprhourty Cumulativeaofaet NEWfugdme wage wlo pe.wnerd jobs created atprojW fringew bonuses Houdyaveaxwege,w /o beneftsorbonuses,of n. mlativenetnewjohs Tctalfthing Tatal*tobe eapenddure- treined -not not cumulative cumulative 2015 2016 2017 33 2018 5 $12.68 $21.60 2019 2020 2021 2022 2023 2024 2025 2026 fuN rime Partdme laborers $9.00 $9.00 Technkal Managerial $2160 ' AknInistradvl $11.50 o e intwiclual W respo a coor . ng Ken Herman on rewlNn 7 Daesyourcumparry h : on EEO hiring policy? Yes Are you an EEO employer? Yes Year the last three 2012 Vears: 2013 2014 Phase desrslbe your commitment to divennyand inclusion bydeWling your outreadrandreaukm enteRortsfortheiast three years as well as current polities. Bieck - Ful[Ti.e 6 Part Time Full Time 2 Part Time Full Time 4 Portlime Nispsnic 7 3 10 Aden f I Indian Female 20 5 16 Other What isthewmente value? Real Property: Personal Property: What is the projected al:Sessed value? Real Property: Personal Property: What %theta%keynunibar for this Project? What% she six died NA Wde? Please attach a 600gle fmip and street view of the location. i Please list the amount 61 real and personal property taxes Paid far the last five vim vfien applicable. Real Property Taxes: Personal Property Taxer. Year One year y" Year Three ' Year Four Year We Staff Use Please fill out the Publu; Benefit Summary information Only and add to the total from above. V OrN Poisits Points Public Benefit Item: I - Project Related: 5 A. Redevelop a Site that has Special Needs 49 I'll. Develop Based on Local University Research 35 C. jAchleve a Physical Element of a Plan 36 I Sub -total Project Related: 0 120 6 Super Size Projects (point values are cumulative]: 25 A. 100% to 199% 18. 200% to 299% 68 C. 300% to 399% 65 1 D. 400 %and Over 52 Sub -total Super She Projects: 0 210 7 Pay for Municipal Infrastructure: A. Pay for Oversizing or Upgrading 14 B. Pay for 2630% of Extension Cost 26 C. Pay for 51 -75% of Extension Cost 39 D. Pay for 76 -500% of Extension Cost Sub -total Infrastructure Related: 52 0 131 Total from Applicant Section: 325 539 j Total from Staff Section: 0 461 Total Public Benefit Points: 325 1000 STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Form 61767 (R412.13) Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): ❑ Redevelopment or rehabilitation of real estate improvements (IC 6- 1.1- 12.1.4) ❑ Residentially distressed area (IC 6 -1.1- 12.1 -4.1) INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area poor to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise, this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects - planned or committed to after Jury 1, 1987, and areas designated sfterJuly 1, 1987, require a STATEMENT OF BENEFITS. (IC 6-1.1 -12.1) 2, Approval of the designating body (City Council, Town Board, County Council, etc,) must be obtained prior to initiation otthe redevelopment or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction, .a Font 322/RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation Is made ornot later than thirty (30) days afterthe assessment notice is mailed to the property owner if N was mailed after April 10. if the property owner misses the May 10 deadline in the initial year of occupation, 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- IlReai Property annually to the application to show compliance with the Statement of Senefts. (IC ti•1 -1- 72.1- 5.1(b) and IC 6 -1.1- 12.1- 6.3Q)j. 5. The schedules established under IC 6 -1.1- 12.1 -4(d) for rehabilitated properly apply to any economic revitalization areas designated after June 30, 2000, unless an alternative deduction schedule is adopted by the designating body (IC 6-1.1- 12.1 -17). The schedules effective priorlo July 1, 2000, shall continue to apply to economic revitalization areas designated before July 1, 2000. SECTIOA I TAXPAYER INFORMATION Name of taxpayer JSK Development or LLC to be named later Address of taxpayer (number and street, city, slate, and ZIP code) 247 North Dixleway, South Bend IN 46637 Name of contact person Telephone number E -mail address AJ Patel $74-397 -0566 mailQskhotel.com SECTION • • AND DESCRIPTION OF •OP • PROJECT Name of designating body Resolution number Location of property County DLGF taxing district number Description of real property improvements. redevelopment, or rehabilitation (use addisona /sheers ilnecessary) Estimated start data (month. day, year) W112015 Construction of 120 room hotel Estimated completion date (month, day, yea) 3nnon Current number Salaries Number retained Salaries Numberadditional Salaries 0 42 1254000 SECTION • TOTAL COSTAND VALUE OF •••• • PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values Plus estimated values of proposed project Less values of any property being replaced Net estimated values upon completion of project SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste convened (pounds) Estimated hazardous waste converted (pounds) Other benefits Filed ill - _- Office SECTION - I hereby certify that the representations in this statement are true. Signature of authorized repress 7Ue Date signed (month, day. year) President 4112n015 Page 1 of 2 0 t (� (S-- -3),- 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 120 St. Joseph St., South Bend, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (9) NINE -YEAR REAL PROPERTY TAX ABATEMENT FOR JSK Development, Inc. WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 120 St. Joseph St., South Bend, IN 46601 and which is more particularly described as: LOT 38A HALL OF FAME & CHOCOLATE CAFE MINOR SUB AND THE ORIGINAL TOWN OF SOUTH BEND 1sT RP RP6363 09 -30 -08 09/10 and which has Key Numbers 018- 3001 -0024 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et sue., and South Bend Municipal Code Sections 2 -76, et sue., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6- 1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to nine (9) 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 2 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. NOl ARKtk)" Member of the Common Council gm i� CI3a an P. F' haatkV md EMAY HIS JOHN CI CITY CUFN4 ¢QFTN SEND, IN TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BROCK ZEEB SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: JSK Development, Inc. DATE: May 6, 2015 On Tuesday, April 21, 2015, a petition from JSK Development, Inc. was received and subsequently filed with the City Clerk for real property tax abatement consideration for property to be located at 120 St. Joseph St, South Bend, IN 46601. 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 ➢ Construction of a full- service national brand 120 room hotel and connecting annex to the former College Football Hall of Fame. The Hall of Fame would become a multi-use, owner - occupied property which would house all the support services for the new hotel (reception, restaurant, etc.) as well as the new home for JSK Development corporate offices. ➢ $9,250,000 investment in new building construction and building expansion/connection with HOF ➢ Total project taxes — $2,410,716 ➢ Estimated taxes being abated during nine year abatement period — $945,911 ➢ Total taxes to be paid during nine year abatement period — $1,464,805 EMPLOYMENT IWACT Per the petition, it is estimated that the total project will: ➢ Create 33 permanent, full -time and zero (0) permanent, part-time jobs within the PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMiCRESOURCES Jrn N KAIN PAMELA C. MEYER CMS FIELDING BBom ZEES first year, representing a new annual payroll of $884,083.20 upon opening. ➢ Retain 0 permanent, full -time jobs with an annual payroll of $0 ➢ Create a total of 38 permanent, full-time and zero (0) permanent, part-time jobs, representing a total annual payroll of $1,108,723.20 over the life of the abatement. In addition, JSK will be relocating approximately 32 jobs from their corporate office into the downtown building ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for up to a (9) nine -year real property tax abatement under section 2 -84.2, Real Property Tax Abatement. o a�u h m m2F nom ' •O� Yl NON tVNN rNc naw e � pp ryry{y ��rr11 •�N N � � NON A O N _m � C� r� °00(4 � � °n SYi vl 2F� ONVi t7i�OlNO� 6 mL y~ �N� YI � � l�m� � NN��Ol��O'm •�. nm 0 Q m m m 43 m gg Frrrr rr. rr �gZA N 0 5 0 0 � p Nernnnrrrr m `mph p� y SWry aV C NNtV tV IVNN�I •p Fgp v 10 o m o00 000 0000eeboo o Sz a6 � m FEES 8 Sg °� � .- N.o•mmrmm m� 8 �s s € 0 X�sx z i 9AH i City of South Bend � °a� PubilcinfrastradvIrl,n I (Off* Has arty sot funding been site of project In dbllan) received? on for Incentives What lsthe value of any equipment being pu 1chasedhomoutofstatefor1heproject7 Petition must rtce payable to the City Clerks Office or online via the City's website at �250pllng •' �' htt p:// sea'hent/content/ tax - abatement before processing can be complete #s ,General I nformation Project Name Project Number Legal name as rghtere whhsecretary of JSK Development Inc. Business structure &Corp Campanywebshe www.jshoaLcom PropcLSed Project Information Proposed project a Parentcompanyname city. state, Lp I Legal owner JSK or LLC to be named later Site acreage orameage Oquired t Is the real estate owned or Square feet of fadfity primary Contact Information If leased by whom Primary company cantar name AJPatel Tide President Addressofcompanyco2tect 247 North Dbdeway Phone 574- 3874468 City, state, Zip i South Bend IN 46637 Email mail @jskhotel.com Senior Official Company sepia offidai i ame AAll Palel Title Address ofcempanyco tatt(fdifferentfmm Same I Phone City, State, Zip Consultant information/Agent Email Hired business consultant/agent name Con......reieas ,"'41 Address i Local economic dewlapment partners approval Win City. state, Yip I Email . c . Brief dewiption afyouI This project involves the construction of a full -service national bran 120 room hotel and connecting annex to the former company, project, and why the College Football Hall of Fame. The HOF would become a multi -use, ownerbccupied property which would house all he propertyfsnecessaryfdr support services for the new hotel (reception. resta urdnt,etc) as well as the new home for JSK Development corporate economicgrowth i Offices. Filed in s i y Office i AM21N JOHN V06 � 6; V- CLERK, SOUTH BEND, IN Cerefied Technology Pdrk appropriate Community Revitathati oEnhancement Vistrift Certify that the eugdint Permit has net been N -Not issued Number afresideMfal units created by Ifthis is a petition for Personal property tax abatement, has the eqApment been installed Investment Details PubilcinfrastradvIrl,n I (Off* Has arty sot funding been site of project In dbllan) received? What is the value of any equipment being purchased in Indiana for the project? What lsthe value of any equipment being pu 1chasedhomoutofstatefor1heproject7 ,j N Project Investments Catendar Year Land Aoquisitlan Building Lease Paymenflls Buildng Purchase Cosb! New Building Construction Existing Butldng lmpro¢ements New Machinery & Equipment Special Tooling/RetooRi New FumIture /Fudure� New Computer /rf Hardware New Software On -site Ball Inhastruchire On-ske Fiber Intastru jure 2015 2016 1 3 19 2020 2021 2022 $ 50,0D0 S 150,000 $160,000 8 250,000 $ 600,000 6500,000 S6,000,OOD $250,000 $300000 $X.000 $1,000,W0 $1,000,000 I jiiuli�Tirn_ e Permanent Indiana-Resident Pnsitions by Calendar Year Calendar Year I.lobs retained j Totalhourty Cumulative is of net NEW full time wage w/o permanent jobs created at project fringe or bonuses Hourlyawmaewage , w/a bemefitsmiscmuses,of cumulative net newjobs Tobl training TaWl ato be expWditure- mined -not not emulative cumulative 2015 2016 2017 33 $12.88 2018 5 $21.60 2019 2020 2021 2022 2023 2024 2025 2025 Full time Part time Laborers $9.00 $9.00 Technical ; Managerial $21.60 Administrative $1150 o Mill be the mdivi�wl respoMble for coordinating with W on mcnelti n7 Ka n Herman Doesyour comparryhaean EEO hiring policy? Yes Are you an EEO employer? yes the last three Year 2012 years: 2013 12014 Please describe your commitment to diversity and Inclusion bydetatling your outreach and recruitment efforts for the last three years as well as current polities. WII Time Partners Full lime Part Time Full Time PaRTime Black 6 2 4 Hispanic 7 3 10 Asian I Indan Female 20 5 18 Other Whatistheeumenta �ssed value? Real Property: personal Prepsrty: What is the projectedafsessed value? Real Property: Personal Property: What is the tax key number for this project? i What is the six digit NAILS nude? Please attach a Google ap and street view of the location. I Please list the amount df real and personal property taxes paid for the last five Vein when applicable. Real Property Taxes: Personal Property Taxes: j Yearone I Year Two Year Three year POUT i Year Five Staff Use Please fill out the Public Benefit Summary Information Only and ffAINI add to the total from above. Points Points Public Benefit Item: Project Related: 5 A. Redevelop a Site that has Special Needs 49 S. Develop Based on Local University Research 35 C. Achieve a Physical Element of a Plan 36 5ubAcrtal Project Related: 0 120 6 Super Sze Projects (point values are cumulative): A. 100% to 199% 25 B. 200% to 299% 68 j C. 300% to 399% 65 j D. 400% and Over 52 Sub -total Super Size Projects: 0 210 7 Pay fofMUniciral infrastructure: A. Pay for Oversizing or Upgrading 14 Ia. Payfor 26-50% of Extension Cost 26 �C. Payfor51 -75% of Extension Cost 39 D. Pay for 76 -100% of Extension Cost 52 Sub -total Infrastructure Related: 0 131 Total from Applicant Section: 325 539 Total from Staff Section: 0 461 Total Public Benefit Points: 325 1000 Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Rtjblic i3etiefi'i Ite "m: .Information is required on boththe construction compaoies.and the companies whith will provide materials purchased "for this project. Please complete tite table below with the appropI Hat einformation. If Quality - YOU qualifyfor the points; : please enter the full amount of available -. {yes or NOS `. points. Eamed Points Available Points 1 Construction Related [Cont A. Employ -Local Companies (75 %) Y 20 20 B. Purchase Materials from Local Companies (75 %) Y 20 20 - C. Require Employees vs. Independent Contractors Y 19 19 D. Require Prevailing Wage (Davis Bacon) Y 22 22 E. ' RequireMealth Benefits Y 22 22 ".F. Require Pension Benefits - 18 G. [vlaiptaln Affirmative Action Plan Y 20 20 Sub -total Construction Related: 123 141 2 Wage & Benefit Related (Owners: A. Pay Target Wage. Levels N 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits N 29 C. Provide Training Y 28 28 E. Provide Child Care N 35 -'Fl Provide Transportation Assistance N 14 G. jProvIde Employer Assisted. Housing program N 9 - Sub -total Wage & Benefit Related: 62 162 3 Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs - 41 C. ' Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference 34 -- - Sub -total Workforce Related: 77 152 4 - Support a Municipal Facility- - A Support a SB Municipal Facility (donations to the zoo, conservatory, museum, etc.) Y 84 84 . NameofFacility " Sub -total Municipal Facility: 184 84 Sub -total from Above: - 346 539 STATEMENT OF BENEFITS 20 PAY 20 VACANT BUILDING DEDUCTION FORM SBA / VBD fe' State Form 55182 (R 12 -14) Prescdbed by the Department of Local Government Finance PRIVACY NOTICE This statement is being completed for real property that qualifies as an "eligible vacant building' as defined by The cast and an Y?paripc indvitlual's IC 6-IA-12.1-1(17). sehq, intonation is mmStlenGal; the balance of the filino is puUic recatl perk 6- 1.1- 12.1x.1 CC) and (d). INSTRUCT IONS: 1. This statement must be submi;lod to the body designalino the Economic Revitalization Area prior to the public hearing if the designating body requires information f om the applicant in making its decision about whether to designare an Economic Revitalization Area. Olhenvise, this statement must be submitted to the designating body BEFORE the occupation of the eligible vacant building for which the person wishes to claim a deduction. 2. To obtain a vacant building deduction, a Form 3221 BD must be fffed with the county auditor before May 101n the year in which the properly owner orms tenant occupies the vacant building or not later than thirty (30) days after the assessment notice is mailed to the properly owner if it was mailed after April 10. If the property owner misses the May 10 deadline in the initial year of occupation, he can apply between March 1 and May w of a subsequent year. g A properly ovmer who files the Form 3221VBD must provide the county auditor and the designating body with a Form CF -11V8D to show compliance with the approved Form SB -1NBD. The Form CF -iIVBD must also be updated each year in which the deduction is applicable. ?age 1 of 2 6J T_33 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS CRESCENT OAKS, SECTION THREE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Tampico Developments, LLC WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as Crescent Oaks, Section Three, South Bend, Indiana, and which is more particularly described as follows: A PARCEL OF LAND BEING A PART OF PARENT PART OF LAND AS DESCRIBED IN DEED RECORD INSTRUMENT NUMBER 9944308 AS RECORDED IN OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PENN TOWNSHIP, INDIANA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 00 °16'29" EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER; A DISTANCE OF 1,988.74 FEET TO THE SOUTHWEST CORNER OF CRESCENT OAKS SECTION IA, A REPLAT OF CRESCENT OAKS SECTION 1, AS RECORDED AS INSTRUMENT NUMBER 0839817 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89 °51'58" EAST ALONG THE SOUTH LINE OF CRESCENT OAKS SECTION IA, A DISTANCE OF 706.23 FEET TO THE SOUTHEAST CORNER OF CRESCENT OAKS SECTION IA; THENCE NORTH 00 °31'01" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION IA, A DISTANCE OF 134.72 FEET; THENCE SOUTH 89 °28'59" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION IA, A DISTANCE OF 10.93 FEET; THENCE NORTH 00°31'01" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION IA, A DISTANCE OF 188.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 °31'01" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION IA, 178.50 FEET; THENCE NORTH 89 028'59" EAST ALONG THE EAST LINE OF CRESCENT OAKS SECTION IA, 9.51 FEET; THENCE NORTH 00 °31'01" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION 1A, 123.07 TO THE NORTHEAST CORNER OF CRESCENT OAKS SECTION IA:, THENCE NORTH 89 °53'49" EAST, 168.00 FEET; THENCE NORTH 00 016'57" WEST, 125.00 FEET; THENCE NORTH 89 °53'49" EAST, 232.00 FEET; THENCE SOUTH 85 049'33" EAST, 202.76 FEET TO A POINT OF CURVE TO THE RIGHT, HAVING A RADIUS OF 2,235.00 FEET, BEING SUBTENDED BY A CHORD OF 158.62 FEET, BEARING SOUTH 13044'17" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE 158.65 FEET; THENCE SOUTH 82 °47'05" EAST,136.53 FEET; THENCE SOUTH 88 °33'39" EAST 22.41 FEET; THENCE SOUTH 00 °08'02" EAST, 105.24 FEET; THENCE NORTH 89 051'58" EAST 19.71 FEET THENCE SOUTH 00 008'02" EAST, 159.73 FEET; THENCE SOUTH 89 °51'58" WEST, 71.02 FEET TO THE NORTHEAST CORNER OF CRESCENT OAKS SECTION TWO AS RECORDED AS INSTRUMENT NUMBER 1210614 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 83 032'59" WEST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO,73.42 FEET; THENCE SOUTH 89 °51'58" WEST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO, 76.58 FEET; THENCE NORTH 79 °46'57" WEST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO, 60.00 FEET; THENCE NORTH 10 013'03" EAST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO 1.91 FEET; THENCE NORTH 89 °33'02" WEST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO, 469.66 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 6.23 ACRES, MORE OR LESS. Subject to any easement, covenants, restriction, and right way of record. be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et sec., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1- 2 12.1 et se ., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council 0W ft* for pubk heav IA 01;&WA& Filed in MAY o 2015 NOT XWQCW ,•. IN N M ABONMARCHE Confidence By Design April 22, 2015 Members of the Common Council - City of South Bend 227 West Jefferson Boulevard, Suite 400 S South Bend, IN 46601 RE: PROPOSED "CRESCENT OAKS, SECTION THREE" Request Five (5) Year Residential Property Tax Abatement Dear Council Members: Engineering Architecture Land Surveying Marina /Waterfront Community Planning Landscape Architecture Development Services On behalf of the Owner /Developer listed below, we are submitting a request for a five (5) year residential property tax abatement for the proposed referenced project. Previously, tax abatements were issued by the City for Sections One and Two, which consists of 49 single - family lots. For Section Three, there are 20 single - family lots proposed. Owner /Developer Tampico Developments, LLC c/o Dennis Schwartz, Sole Member 737 River Pointe Place, Mishawaka, IN 46544 (574) 255 -1503 1 dschwl940 @aol.com By approving the five (5) year tax abatement for Section Three, the Owner can continue to market the subdivision and all lots with the same incentive. The City will still receive the additional taxes generated from the improvements based upon the five (5) year abatement schedule. After the abatement expires, the City will then receive 100 percent of the property taxes from each lot. If you have any questions or require additional information regarding this request, please do not hesitate to contact our office at 574 - 232 -8700. Sincerely, ABONMARCHE CONSULTANTS, INC. Bradley E. Mosness, PE Project Manager cc: Dennis Schwartz File 750 Lincoln Way East 3177 Willowcreek Road South Bend, IN 46601 Portage, IN 46368 574.232.8700 219.850.4624 95 West Main Street Benton Harbor, MI 49022 269.927.2295 www.abonmarche.com Filed in EZ 4 2015 CITYCLER:6, $GUTH ;SEND, IN 361 First Street Manistee, MI 49660 231.723.1198 503 Quaker Street South Haven, MI 49090 269.637.1293 PC 227 W. JEFFERSONBOULEVARD Sarre 1400 S. SOUrH BEND, IN 46601 -1830 May 4, 2015 CITY OF SOUTH BEND PETE BumGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 PHONE: 574/235 -9371 FAx: 574!235 -9021 RE: Residential Real Property Tax Abatement Petition for: Tampico Developments, LLC Dear Council Member Ferlic: Please find the attached information pertaining to a residential real property tax abatement petition submitted by Tampico Developments, LLC to build 20 single - family homes as part of the Crescent Oaks housing community. This current petition includes section three of the Crescent Oaks neighborhood: ➢ Department of Community Investment's summary report ➢ Copy of the petition ➢ Statement of Benefits form ➢ Supporting information. The report contains the Department's findings relative to the above petition. The petitioner proposes to build 20 single- family homes with an approximate assessed value of $68,500 per home. The project meets the qualifications for a (5) five -year residential property tax abatement and a representative from Tampico Developments, LLC will be available to meet with the Committee on Monday, May 11, 2015. 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, -qlT Brock Zeeb Director Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESSDEVELOPMENT ECONOMIC RESOURCES JMN KAM PAMELA C. MEYER CHRIS FMLDD40 BROCKZEEB 5 YEAR 20 Total 4- May -15 Temofcro Develoomente, LLC Taxes Tax South Bend Poifega Tcwnsh/p Due Abated Resdendal Real Property Tax Abatement Schedule• 37,928.09 32,805.58 Estimated Project Cost: 37,928.09 $150.ODO.00 5,122.61 37,928.09 32,805.58 5,122.51 Total Tazea Tax Abated Tax Pald'•• Assessed Value• 32,805.58 5,122.51 189,840.45 164,927.91 1 Structure PA AV of cost) 100.0% 150,000.00 150,000.00 160,000.00 Land Value 5,000 6,000.00 N/A WA Gross Assessed Value 155,000.00 150,000.00 150,000.00 Less Mortplm Exemptlon (3,000.00) (3,000.00) (3,000.00) Less Homestead Deduction (46,000.00) (45,000.00) (45,000.00) Less Supplemental Homestead Deduction (38,500,00) (3816W,00) (38 500 00) Base Amassed Value 68,500.00 63,500.00 63,600,00 Less Maximum Abatement Deduction WA N/A (63,500.00) Less Non - Abated Amount WA 0.00 WA Plus land Assessed Value WA WA 5,000,00 Net Assessed Value 86,600.00 63,500.00 5,000.00 Property Texas: Assume constant tax rate of 5.4968% '5.4888% 5.4968% Gross Tax (tax rate x net assessed value) 3,765.32 3,490.48 274.84 Less County COIT Homestead Credt 6.8095% (256,40) (237.68) (18.72) Tex Due Before Cirarlt Breaker 3,508.92 3,252.78 256.13 Lass Ciradt Breaker Credit (1,612.51) (1012.51) 000 Net Tax 1,896.40 1,64038 256.13 Circuit Breaker Cep Circuit Breaker 1.0000% 1,550.00 100.00 1,650.00 Debt Sewlee 0.5057% 348.40 321.12 - 25.29 Circuit Braker Cep 1,896.40 1,821.12 1,676.29 Net Total Assessetl Tares Tax Tax . Year Value Due Abated Paid 1 66,500.00 1,898.40 1,64028 255.13 2 68,500.00 1,890.40' 1,64028 258.13 3 68,500.00 1,888.40 1,640.28 266.13 4 68,500.00 1,896.40 1,840.28 256.13 5 86,500.00 1,896.40 1.640.28 256.13 SyeartoWs: 9882.02 8,201.40 1,280.63 •This schedule is fwesdmetbn.pmposee Wy end assumes constant tax rates. The true taxvaluea Will ultimately be determined by the actual assessed valuation and the then current tax rates. •"Tex Abated Is capped at $74,880 of assessed value of structures only and does not indude land assessed value. —Tax Pad Is calculated using the dllference between actual assessed value of abuctue and maximum abated Portion of $74,880 and adding back4he land assessed valve. #of fames 20 Total Taxes Tax Tex Due Abated Paid 37,928.09 32,805.58 5,122.51 37,928.09 32,805.58 5,122.61 37,928.09 32,805.58 5,122.51 37,928.09 4805.68 5,122.61 37,928" 32,805.58 5,122.51 189,840.45 164,927.91 1 25,612.54 CITY OF SOUTH BEND, INDIANA REQUIREMENTS FOR ALL PETITIONS SEEKING SINGLE - FAMILY RESIDENTIAL DEVELOPMENT REAL PROPERTY TAX ABATEMENT CONSIDERATION FOR MULTIPLE PARCELS As a condition of granting a petition which seeks single- family residential development real property tax abatement consideration for development of multiple parcels in the City of South Bend, Indiana, the petitioner seeking such abatement pursuant to the applicable provisions of the Indiana Code, the Indiana Administration Code and the South Bend Municipal Code must additionally agree to the following: Filing Requirement with the Office of The City Clerk: File with the Office of the City Clerk, 4th Floor County-City Building, South Bend, Indiana 46601, prior to the South Bend Common Council taking final action on a petitioner's Confirmatory Resolution for single - family residential construction where multiple parcels are involved and which is specifically addressed in § 2 -77.1 of the South Bend Municipal Code, the petitioner's written information statement to be given to all individuals inquiring about any parcels in the petitioned area. Required Contents of Information Statement: Said information statement must be on the petitioner's official stationary which lists their business name, street address, city, state and zip code, telephone and facsimile numbers, email address if any, and contact persons(s) which must include the following: • Official name of the development as listed in the documents of record with the Office of the City Clerk of South Bend, Indiana • A map of the development addressed by the abatement listing the property key number for the parcel in question as well as its street address • Verification of the number of years granted by the tax abatement and the month/year the final action was taken by the South Bend Common Council • Verification and confirmation of the abatement's maximum dollar amount of the assessed value of the improvements on the parcel in question and a statement that the assessed value of the land is not abated • Verification of the petitioner's (developer's) duties with regard to the Statement of Benefits form (SB -1) • Verification of the proposed property owner(s)' duties with regard to the FORM 322/RE which must be completed and filed by the owner and builder after completion of the home and prior to occupancy, with said form being attached to the Information Statement • An attachment of the Confirmatory Resolution which approved the abatement in question • Inclusion of contact information, including but not limited to: Department of Community Investment 1400S County-City Building South Bend, Indiana 46601 (574) 235 -9371 (574) 235 -9021 Facsimile St. Joseph County Auditor's Office 2nd Floor County-City Building South Bend, Indiana 46601 (574) 235 -9668 (574) 235 -5024 Facsimile Office of the City Clerk 4th Floor County-City Building South Bend, Indiana 46601 (574) 235 -9221 (574) 235 -9173 Facsimile Required Filing of All Revised Information Statements: Any Information Statements which are revised should be filed with the Office of the City Clerk as soon as practicable by the petitioner /developer, and in no event filed later than their first use with prospective property owners in the affected tax abatement area. I, Dennis Schwartz, the petitioner of record seeking single - family residential development real property tax abatement consideration for multiple parcels in the City of South Bend, Indiana, for the abatement commonly referred to as Crescent Oaks, Section Three, hereby acknowledges the requirements set forth herein and agree to abide by such conditions. Dennis Schwartz, Sole Member .4' Tampico Developments, LLC 737 River Pointe Place, Mishawaka, IN 46544 r (574) 255 -1503 Witness Signature a, iw�,__ , Printed Name and Official Capacity Address: 221 Cftavh W-ckAL Ei City/State /Zip: Lk9&r d,6 ky ith� A Ti 33308 Phone No.: qs�4 331 0583 Signed this 23 day of (Rev. 5/13/11) APR 4 M5 5595 VOOrxDF CITY CLERK, SOUTH BEND, IN Crescent Oaks, Section 3 *x� r •y r s r ' -. Tampico Developments, LLC y> Proposed Project Information Crescent Oaks, Section Three' - tit South Bend, IN 46614p *r Tampico Developments, LLC r,;. Owned oa --al ..TfitF ` , ; �� 20 new homes i Primary Contact Information MIT - Dennis Schwartz >.�.- - y' Sole Member '� " =` 737 River Pointe Place ''i' 574- t y °r$f^a. L.... - „"�, z}��,� ,° 255 -1503 yr ti. ' Mishawaka, IN 46544 ? esw dschw1WCdaol.00m Senior Official Information .'>... same . .w.. :. wr r �.r ify,.9tate,�jp) �, f ).d>{+4>'♦5 JP 2ki�Vf^4'$ 'J.Vy4grS�S'9� Consultant Information/Agent y .(i.�: (�1 fw' ire` CbusTsskbnwltid�.3ge'i1�'t•'Ine ^"zN' Abonmarche Consultants "M r'r Y Addness ' ” f or�Pa 750 Lincoln Way East ,; K,: - N ., :.Y ,.. _... .. 01N 3tatet?iP s South Bend, IN 46601 f ; KS bmosness@abonmarche.com L Project Overview s ' ira7•`"Lf mP••YiPr• Crescent Oaks, Section Three, is a proposed single -family residential development containing 20 lots on approximately 6.2 ped7t irc ar YSr -; :. acres. These lots will be serviced by city streets and utilities. Homes on average will range from 1,400 - 1,600 SF, contain aomldgroYafir 3 bedrooms, and have basements. Similar to Sections One and Two that have abatement for Section Three to help market the City's population and tax base. received tax abatements, e e and attract prospective r iFlWe�eawt� ase R 2.d r JS7m VOOCITY CLERK, SOUT =­V. N XV 20 Single Family Homes '3fffi73 t MOM led 2014 2015 2016 2017 2018 2019 2020 2021 I ' If D.1lddlebaro5t �I t i 0 ro= m: x. �. h kIdleboro St: WS. i. CofswoldLn - yi 3 �I A ;CSye Cod — Y.ork,.RCL i r u4 � sJ ':15bxh�re 7r A' is 'ial&ih -0r =- Miami.St_ � _ �- - — Pdiami Rd' P�lsami Rd 4' If D.1lddlebaro5t �I i ro= rr �. .�i ?t31 Di �o n s, Ynrk ftd, "°afl P i i 5, i — �' i s U { (ifGOidl�4 p P v5 r; 0 m m. 9, IE[I L � I C +Cy.y°5. � ro. h kIdleboro St: WS. i. CofswoldLn - yi 3 �I A ;CSye Cod — Y.ork,.RCL i r u4 � sJ ':15bxh�re 7r A' is 'ial&ih -0r =- Miami.St_ � _ �- - — Pdiami Rd' P�lsami Rd 4' CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I•C 6 -1.1- 12.1 -1, et sea.. and South Bend Municipal Code Sec. 2 -76 et sea., for this petition states the following: 1. Describe the proposed construction project, including information about square footage, numbers of rooms, number of stories, other amenities such as finished basements and garages, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional 2. Estimate the dollar value of the construction project (do not include land cost): $3,000,000 ±. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporation(s) (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Interest TAMPICO DEVELOPMENTS, LLC 100% 737 RIVER POINTE PLACE MISHAWAKA, IN 46544 4. The commonly known address of the Property is: SEE ATTACHED EXHIBIT A -1 and having tax key no.: SEE ATTACHED EXHIBIT A -1 (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked EXHIBIT A -2, and is incorporated herein. 6. A map and/or plat indicating the location of the Property(s) is attached hereto, marked EXHIBIT B, and are incorporated herein. 7. Photographs of the Property(s), taken within two (2) weeks of the filing of this petition, are attached hereto, marked EXHIBIT C, and incorporated herein. 8. The current assessed valuation of the property before construction is SEE ATTACHED EXHIBIT A -1 (use additional sheet for multiple addresses). (This information may be obtained from the St. Joseph County Assessor's Office, 235- 9523). 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): SEE ATTACHED EXHIBIT A -i This information may be obtained from the St. Joseph County Treasurers office, 235 -9531) 10. What is your best estimate of the project after completion market value of the property: $3,600,000 ±. 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. SECTION THREE IS PROPOSED: THEREFORE NO BUILDING PERMITS HAVE BEEN ISSUED. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: N/A 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: 14. The current use of the property is RESIDENTIAL / VACANT LOTS and the current zoning is SF -1 (use). (This information may be obtained from the Building Department 235 -9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): N/A 16. The following person should be contacted as the petitioner's agent regarding additional information and public hearing notifications: Name ABONMARCHE CONSULTANTS, INC. Contact Person _ BRADLEY E. MOSNESS, PE Address 750 LINCOLN WAY EAST City, State, Zip SOUTH BEND. IN 46601 Telephone (574) 232 -8700 WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. Name of Property Owner(s): TAMPICO DEVELOPMENTS. LLC (Rev. 5/13/11) By: L�� (Si e DENNIS SCHWARTZ, SOLE MEMBER (Typed or printed name and capacity) 2 M� W 2 X W N O P O h M O b N O N Q U y O m Q Pq C N V O NNO d�mN `N O O pq) a Mvi E 009 J NNN C y 00� X O H U e 0 C W O _ N Q j Q %W� Q F W M_ � Q F N m 2 D X Q r N W Q K 6 C d K EXHIBIT A -2 LEGAL DESCRIPTION - CRESCENT OAKS, SECTION THREE: A PARCEL OF LAND BEING A PART OF PARENT PART OF LAND AS DESCRIBED IN DEED RECORD INSTRUMENT NUMBER 9944308 AS RECORDED IN OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PENN TOWNSHIP, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 00 016'29" EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER; A DISTANCE OF 1,988.74 FEET TO THE SOUTHWEST CORNER OF CRESCENT OAKS SECTION 1A, A REPLAT OF CRESCENT OAKS SECTION 1, AS RECORDED AS INSTRUMENT NUMBER 0839817 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89 051'58" EAST ALONG THE SOUTH LINE OF CRESCENT OAKS SECTION 1 A, A DISTANCE OF 706.23 FEET TO THE SOUTHEAST CORNER OF CRESCENT OAKS SECTION IA; THENCE NORTH 00 °31'01" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION 1 A, A DISTANCE OF 134.72 FEET; THENCE SOUTH 89 028'59" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION 1 A, A DISTANCE OF 10.93 FEET; THENCE NORTH 00 031'01 " WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION 1 A, A DISTANCE OF 188.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 031'01 " WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION ]A, 178.50 FEET; THENCE NORTH 89 028'59" EAST ALONG THE EAST LINE OF CRESCENT OAKS SECTION IA, 9.51 FEET; THENCE NORTH 00 °31'01" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION 1 A, 123.07 TO THE NORTHEAST CORNER OF CRESCENT OAKS SECTION 1 A; THENCE NORTH 89 053'49" EAST, 168.00 FEET; THENCE NORTH 00 016'57" WEST, 125.00 FEET; THENCE NORTH 89 053'49" EAST, 232.00 FEET; THENCE SOUTH 85 049'33" EAST, 202.76 FEET TO A POINT OF CURVE TO THE RIGHT, HAVING A RADIUS OF 2,235.00 FEET, BEING SUBTENDED BY A CHORD OF 158.62 FEET, BEARING SOUTH 13 044'17" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE 158.65 FEET; THENCE SOUTH 82 047'05" EAST, 136.53 FEET; THENCE SOUTH 88 °33'39" EAST, 22.41 FEET; THENCE SOUTH 00 008'02" EAST, 105.24 FEET; THENCE NORTH 89 °51'58" EAST, 19.71 FEET; THENCE SOUTH 00 °08'02" EAST, 159.73 FEET; THENCE SOUTH 89 051'58" WEST, 71.02 FEET TO THE NORTHEAST CORNER OF CRESCENT OAKS SECTION TWO AS RECORDED AS INSTRUMENT NUMBER 1210614 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 83 032'59" WEST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO, 73.42 FEET; THENCE SOUTH 89 051'58" WEST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO, 76.58 FEET; THENCE NORTH 79 046'57" WEST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO, 60.00 FEET; THENCE NORTH 10 013'03" EAST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO, 1.91 FEET; THENCE NORTH 89 °33'02" WEST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO, 469.66 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 6.23 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD. W e Lull ad W 1 VJ i� Y OH x1a - -_ Ru cell U -z O q�q �a �m I I� z ��xJJ�®xJJ�ft EXHIBIT B MLLNOMUWL43= tl A e itwb �gS pap'W�b �Ctl �dsN��v�o Na•NMIr's'7a5 M M ,pzxol e'wl uo woes Sos I S460L A I g a —� vaJ avJ OUwxnn Na ^' aN�aN ��y� WHO Vise .zz'wl Ir `+Vn oe anuasl .I>? a I I — Via.g'e$y a %8 ae� ; ;�Ea - xI `Map 6... C r c g 'orvclave a 8 9, Y, rs m — <Rt 58 :W 8§ w .'•��� xcl x.ln,c a —___� I ____ -1 5: @tag' Pei 6y'.I zl x..ae.wx r LI I.ee _ J I x 9p MN M! ix Ell; k _ D C � O ry e I I I zi [0 ZI - S fS 1KIX.Ifmx I 91wx � p � x 3 d��l. r € m • m r - - -- -- -� - - -- - - ---4 s € b o t — — L_ —^ r .�. 3.Xr.aas aaaxwXi _ _.. — _.. — _.. — _.. _.. _.._ _. _ _ —,c —. °:gds _. _ — __ _. _ x�Xbx x1.6 �. p iCa —r x Wex 3g r� q3��!1 YIWs atAwyH xamxJxf W avxlwo ke ka3 SWg� <k %k S,AS a 3 y' €a8 e� d A b�`M Y s$ t 5 v Y 1 tlLL i `ag �b :s a g} a� jleA A e 9� I M, p °7 ,pzxol e'wl uo woes Sos I S460L A I g a —� vaJ avJ OUwxnn Na ^' aN�aN ��y� WHO Vise .zz'wl Ir `+Vn oe anuasl .I>? a I I — Via.g'e$y a %8 ae� ; ;�Ea - xI `Map 6... C r c g 'orvclave a 8 9, Y, rs m — <Rt 58 :W 8§ w .'•��� xcl x.ln,c a —___� I ____ -1 5: @tag' Pei 6y'.I zl x..ae.wx r LI I.ee _ J I x 9p MN M! ix Ell; k _ D C � O ry e I I I zi [0 ZI - S fS 1KIX.Ifmx I 91wx � p � x 3 d��l. r € m • m r - - -- -- -� - - -- - - ---4 s € b o t — — L_ —^ r .�. 3.Xr.aas aaaxwXi _ _.. — _.. — _.. — _.. _.. _.._ _. _ _ —,c —. °:gds _. _ — __ _. _ x�Xbx x1.6 �. p iCa —r x Wex 3g r� q3��!1 YIWs atAwyH xamxJxf W avxlwo ke ka3 SWg� <k %k S,AS a 3 y' €a8 e� d A b�`M Y s$ t 5 v Y 1 tlLL i `ag �b :s a g} a� jleA | k § � � ] Of B� _# �) k§ � 9 0 k | § _ EXHIBIT B ` /mmwwI mCR $ §) - Q ® tR $ ! ! •�. ( ! � \ ) oil / - � � § q N � \ : I |) ( A() ƒ U §§ \ ���� � ��� ��� 992.' \» \�� ^�} \��' ®����� \ \� ^� °� ���� »�� � �� \:° . �:�% : ev ,« .� � > : � �. : \�` \����y 2.\ \ d�.; v .. ... �. �� \��� \� e% � \� f .&� 2 / � ram # <«�f ©� / d � 2� � �v / q ®� \ <' � s x ,� \ � � � � \ \� � .K . y 7�_ T % °� »� \ \� ) 2 ©�« � � � % ;� % »m.< �� --, ;� A °� \ /��� �� \� \ RE 31'01 LOCATION OF SITE PHOTOS S00'16'29 "E NTS w N i G V G STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Form 51767 (R6110 -14) 'P Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): 9 Redevelopment or rehabilitation of real estate improvements (IC 6 -1.1- 12.1 -4) ❑ Residentially distressed area (IC 6- 1.1- 12.1 -4.1) 20_ PAY 20_ FORM SB -1 / Real Property PRIVACY NOTICE Any information concerning the cost of the property and speck salaries paid to individual employees by the property owner is confidential per INSTRUCT IONS: IC 6 -1.1- 12.1 -5.1. 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise, this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction, a Form 3221RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty (30) days after the assessment notice is mailed to the property owner if it was mailed after April 10. A property owner who failed to file a deduction application within the prescribed deadline may rite an application between March 1 and May 10 of a subsequent year. 4. A property owner who fifes for the deduction must provide the County Auditor and designating body with a Form CF -1 /Real Property. The Form CF- l/Real Property should be attached to the Form 3221RE when the deduction is first claimed and then updated annually for each year the deduction is applicable. IC 6- 1.1- 12.1- 5,1(b) 5. For a Form SB- 1/Rea/ Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB -1 /Real Property that is approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. IC 6- 1.1- 12.1 -17 SECTION O Name of taxpayer TAMPICO DEVELOPMENTS, LLC Address of taxpayer (number and street, city, state, and ZIPcode) 737 RIVER POINTE PLACE, MISHAWAKA, IN 46544 Name of contact person Telephone number E -mail address DENNIS SCHWARTZ I ( 574) 255 -1503 dschwl940 @aol.com SECTION • • D DESCRIPTION OF ••• r PROJECT Name of designating body - Resolution number CITY OF SOUTH BEND COMMON COUNCIL Location of property County DLGF taxing district number NW 1/4, SECTION 32, TOWNSHIP 37N, RANGE 3E ST. JOSEPH 033 Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary) Estimated start date (month, day, year) CRESCENT OAKS, SECTION THREE - 20 RESIDENTIAL SINGLE - FAMILY LOTS 2015 Estimated completion date (month, day, +/- 3 years SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT current number Salanes Number retained Salaries Number additional Salaries SECTION • TOTAL COST AND VALUE OF -••• • PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values e2.00 W Plus estimated values of proposed project a,aoo.aao.W Less values of any property being replaced Net estimated values upon completion of project 3.W2.M.W SECTION • r AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted (pounds) Estimated haza firerv�e�tte51,(poul Other benefits kR'2 4 Z415 JOHN voozim CITY CLERK, SOUTH SEND, IN , I hereby certify that the representations in this statement are true. name Lk Page 1 of 2 Sole Member day, year) ( C-H 0�,- ls--�� Resolution No. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT PUBLIC INPUT BE ENCOURAGED TO BE RECEIVED ON A SUGGESTED ADDITIONAL STREET LOCATION TO BE CONSIDERED TO BE RENAMED TO HONOR THE LATE REV. MARTIN LUTHER KING JR. IN SOUTH BEND INDIANA G%jf" the Common Council of the City of South Bend, Indiana recognizes that almost a thousand communities across our great county have renamed public streets to honor the late Rev. Martin Luther King, Jr. as depicted in the following map'; and (WACraz4 current Indiana law set forth in Indiana Code §36 -7 -4 -405 provides that "streets shall be named or renamed so that their names are easy to understand and to avoid duplication or conflict with other names "; and ' 78 Social Education 123 (May, June 2014) Jerry T. Mitchell and Derek H. Alderman of the National Council for the Social Studies "A Street Name for a King: The Politics of Place - Naming" notes that "the United States now contains no fewer than 890 streets, boulevards, avenues, and courts named for the slain civil rights icon..." Resolution on a Process to Consider Renaming an Additional Street to Honor MLK, Jr. Page 2 currently the Board of Public Works has the "control and supervision of the streets within the city" pursuant to South Bend Municipal Code § 18 -2, and has a record of reviewing requests for a change of a street name on a case by case basis; and 40" currently, approval of changing the name of a street requires a proper Board of Public Works Resolution which notes among other things the location of the street under consideration, the requesting party, and that the "change of the name requested will not adversely affect the health, safety or welfare of the citizens of the City of South Bend'; and upon adoption of such a resolution by the Board of Public Works, the Clerk of the Board then notifies the following entities: Area Plan Commission, Building Department, AT & T, U.S. Post Office, St, Joseph County Circuit Court Clerk, South Bend Community School Corporation, St. Joseph County Assessor's Office, St. Joseph County Auditor's Office, St. Joseph County GIS Department, Department of Administration and Finance, Community Investment Department, Mayor's Office, Common Council, Fire Department, Police Department, Law Department, Division of Engineering, Bureau of Streets, Division of Traffic and Lighting, Park and Recreation Department, Solid Waste, Water Works, Wastewater Treatment Plant; and the South Bend Common Council notes that currently Dr. Martin Luther King, Jr. Drive is located north of Washington Street and extends north to Lincoln Way West in the City of South Bend; and 46wemi, the South Bend Common Council believes that the public should be involved in a meaningful process to recommend renaming an additional street in the City of South Bend, Indiana, to honor and remember this Civil Rights leader, Martin Luther King, Jr. (1929 - 1968). i III I r r V r r I Section I. The Common Council recommends that a 7- member Advisory Street Re- Naming Committee be established, which would be composed of residents of the City of South Bend, with four (4) individuals being appointed by the Common Council and three (3) individuals being appointed by the Mayor. Section II. The Advisory Street Re- Naming Committee would be charged with overseeing a process which invites residents and business owners in the City of South Bend to recommend a current street for consideration to be renamed to honor the late Rev. Martin Luther King, Jr. by the Board of Public Works. Such a process would: 1. Encourage public participation for submission of streets to be considered over a thirty (30) day period. 2. Establish a I -page form for all recommendations which would be sent to the Office of the City Clerk. 3. Tally all recommendations in an order of those receiving the most amount of recommendations, with the originals of all forms being maintained in the Office of the City Clerk. 4. Forward the tally of the public response to the Board of Public Works, the South Bend Common Council, and the Mayor within ten (10) days after the ending of the thirty (3 0) day response period. Resolution on a Process to Consider Renaming an Additional Street to Honor MLK, Jr. Page 3 5. Request that the Board of Public Works review all recommendations and have meaningful public dialogue at a time and place more convenient for the general public, within thirty (30) days of receiving the tally from the Advisory Street Re- Naming Committee. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. i. Office of the City Clerk "AY- Karen L. White, Council ember at Large South Bend Common Council Henry Davis, Jr. 2°tl District Council Member South Bend Common Council Oliver J. Davis, 6" District Council Member South Bend Common Council Pete Buttigieg, Mayor of South Bend F11w in ? ?i?rr Office MAY.' 6 2015 CITYCLERK,tgp� END. IN Common Council City of South Bend Indiana 411 Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -9321 (574) 235 -9173 Facsimile (574)235 -5567 TTY/TDD May 5, 2015 Members of the Common Council 4th Floor County -City Building South Bend, Indiana 46601 Re: Resolution on a Process to Consider Renaming an Additional Street to Honor MLK, Jr. Dear Council Members: At the May 14, 2012 meeting of the Common Council's Community and Economic Development Committee, Mr. Huey P. Schoby addressed the Committee. The Committee meeting minutes noted that he presented information: ...to name a prominent roadway (he suggest LWW) in honor of Dr. Martin Luther King, Jr. Currently the inner belt from W. Washington to LWW carries the MLK designation. This street portion has no addresses and is seen by Mr. Scobey and others as a slight to Dr. King...:' On December 13, 2013, a "Frustration Walk" requesting a more adequate location for Dr. Martin Luther King, Jr. Drive was held, with an update being sent to Interim Mayor Mark Neal and the Board of Public Works. Several members of the South Bend community have also addressed this topic over the past several months at Common Council meetings during Privilege of the Floor. In the interest of having public input on this important topic, the attached resolution is filed aimed at: • Establishing a process for all city residents and business owners operating in the City of South Bend to make recommendations on a potential additional street to be renamed • Establishing a reasonable time period for the public to participate • Establishing a process which is transparent • Recommending that the Board of Public Works meet at a reasonable time and location so that the public having the opportunity to participate Cover Letter for Resolution on a Process to Consider Renaming an Additional Street to Honor MLK, Jr. Page 2 We request that this resolution be sent to the Council's Community Relations Committee. Thank you. Most sic ly, Karen L. White, Council Member at Large Henry Davis, Jr., 2 "d District Council Member Oliver J. Davis, 61 District Council Member Attachment RESOLUTION NO. 6� � I t1--jr- Bill No. 15- A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT A TALL GRASSIWEED ABATEMENT PILOT PROGRAM FOCUSING ON Wf..4 for the past several months, discussions have taken place with members of the City Administration on needed updates to improve the City's tall grass /weed regulations; and those regulations aimed at updating our local procedures are set forth in Bill No. 22 -15 which received first reading on April 27, 2015, and is scheduled to have a public hearing, review and recommendation by the Council's Health and Public Safety Committee, as well as the Common Council on May 11, 2015; and in light of the proposed updates which streamline local regulations and focus on the property owner who fails to comply with paying the costs, rather than passing the costs of enforcement to the average taxpayer, there is an opportunity to create a Pilot Program which may provide job opportunities for youth this Summer; and QCa, a Pilot Program under the jurisdiction of the Department of Code Enforcement is potentially feasible to be in operation from approximately the week of Memorial Day through November 6, 2015; and the Department of Code Enforcement would work closely with the Law Department so that qualifying non - profit organizations and LLCs who specialize in life skills training and development of youth ages 14 years of age and older may have the opportunity to learn to safely mow, trim and remove debris from City - selected locations. Each qualifying non - profit organization and LLC meeting the standards set forth in the City's request for proposals would further be required to comply with: • Federal, state and local laws governing youth employment • Proper required liability insurance and worker's compensation coverage • Proper thresholds requiring supervision of all youth who are participating • Proper youth training in all aspects in the proper use, maintenance of all equipment • Proper youth training in all aspects in the proper use of safety goggles, gloves and other required items for youth safety and overall public safety • Provide the Department of Code Enforcement with before and after photos of each property assigned to be cut on a daily basis where clean-up abatement services by the youth have been provided information on the website for WorkOne Northern Indiana notes that "when you are young, getting a good job can be a tough process... successful job seekers foster an attitude of life -long learning'; and the Bureau of Labor Statistics (BLS) for the U.S. Department of Labor reported that last Summer "...unemployment among youth rose by 913,000 from April to July 2014 ... [with] the July 2014 labor force participation rate for 16 to 24 year old mean being 63.2 percent... "; and the Bureau of Labor Statistics for last Summer also reveal that youth employment rates were only 63.2 % for Whites, 56.2 % for Hispanics, 52.9 % for Blacks, 45.8 % for Asians leaving 3.4 million unemployed youth in July 2014 as reported in the August 13, 2014 BLS Economic News Release entitled "Employment and Unemployment Among Youth Summary ". Pilot Program for GrasstWeeds Abatement Resolution Page 2 r. � r r. ..r..rr r Ur r Vi ri Vii tJrr �.r rrrr r.rr.. Section I. The South Bend Common Council recognizes that in the publication Youth Unemployment Challenge and Solutions — What Business Can Do Now, the following factors were identified as to "Why Youth Fare Worse Than Adults" in the initial workforce entry: • "A lack of information, networks and connections among youth, especially youth from families lacking significant social capital. • A lack of skills relevant to the workplace. • A lack of experience and credentials that address employers' risk in making hiring commitments. • A lack of available jobs suited to entry-level skills ", Manpower Group, Youth Unemployment Challenge and Solutions, pp. 6 -7. Section II. The South Bend Common Council in collaboration with the City Administration recognize that: "Young people bring energy, talent and creativity to economies that no -one can afford to squander... What our young people do today will create the foundations for what our economies will do tomorrow ", Youth Employment: A Global Goal, a National Challenge, ILO 2011; and "Companies need to `lean forward, 'take a calculated risk, and open their doors to inexperienced young job candidates... they need to engage their best employees as mentors to young talent ", Manpower Group, Youth Unemployment Challenge and Solutions, pp. 27. Section III. The South Bend Common Council hereby authorizes and recommends that in collaboration with the City Administration that a Tall Grass/Weed Abatement Pilot Program focusing on providing youth with working opportunities and life skills training and development be implemented by the City of South Bend for the Summer of 2015, consistent with the guidelines set forth in the Resolution. Section IV. The Common Council further recommends that the Department of Code Enforcement and any other City Departments or agencies involved provide periodic updates on the program to the Council's Health and Public Safety Committee, with such updates suggested to take place in the months of July and November 2015. 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. Tim`Sc� st -grstnct Council Member South Bend Common Council Karen L. White, Council Member South Bend Common Council Filed in Cistk'$ Office h AY 8 2015 JOHN k�00�-Dii John Voorde, City Clerk `lTy � RK, SOUTH BEND, IN P7011 Pete Buttigieg, Mayor of South Bend, Indiana (574) 235 -9321 May 1, 2015 Members of the Common Council 4`h Floor County -City Building South Bend, Indiana 46601 4gpUll eE r:wr �'•yii Ii UI KGs Common Council City of South Bend Indiana 4'h Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -9173 Facsimile (574)235 -5567 TTY/TDD Re: Tall Grass/Weed Abatement Pilot Program focusing on Providing Youth with Working Opportunities and Life Skills Training and Development Dear Council Members: As you are well aware, the City of South Bend is challenged each Summer with far too many young people being unemployed, as well as far too many lots throughout the city have tall grass and weeds. In the interest of attempting to address each of these growing concerns on a limited basis, we are recommending that a pilot program be implemented this summer. We have had ongoing discussions with the City Administration, and Randy Wilkerson, Director of the Department of Code Enforcement, in particular. Based on those discussions, it is believed that by potentially partnering with non - profit organizations and LLCs who focus on developing life skills training and development for youth, that some opportunities may be possible to address both of these concerns in a positive manner. We have filed a copy of Youth Unemployment Challenge and Solutions — What Business Can Do Now which is referenced in the attached Resolution with the Office of the City Clerk. We recommend that this Resolution be sent to the Health and Public Safety Committee for review and recommendation. We hope that you will join us in attempting to creatively make a positive impact for our youth while also helping to beautify our city. Thank you. Most sincerely, Tim Scott, 1 s District Council Member South Bend Common Council Attachment Karen L. White, Council Member at Large South Bend Common Council cc: Randy Wilkerson, Department of Code Enforcement Executive Director ORDINANCE NO. '6 [II �o.Z3,, 1r AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 803 W WASHINGTON ST., COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE KIZER MANSION IS CURENTLY ZONED MFl AND WE WOULD LIKE TO CHANGE IT TO SFl. THE HOUSE WILL BE RENOVATED BACK TO A SINGLE FAMILY DWELLING NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: PARCEL I: A PART OF BANK OUT LOT NUMBERED 31 AND 32 OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA, WHICH PART IS BOUNDED BY A LINE RUNNING AS FOLLOWS, VIZ: BEGINNING ON THE NORTH LINE OF WASHINGTON STREET (NOW WASHINGTON AVENUE) IN SAID CITY, AT A POINT 24 3/4 FEET EAST OF THE SOUTHEAST CORNER OF SAID BANK OUT LOT NUMBERED 31; THENCE RUNNING WEST ON THE NORTH LINE OF SAID WASHINGTON AVENUE A DISTANCE OF 70 FEET; THENCE NORTH 198 FEET; THENCE EAST 70 FEET; THENCE SOUTH 198 FEET TO THE PLACE OF BEGINNING. PARCEL H: A PART OF LOT 4 IN MARY WITHERILL.S SUBDIVISION OF BANK OUT LOT 32 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 4; THENCE EAST 28.50 FEET ALONG THE NORTH LINE OF SAID LOT 4; THENCE SOUTHWESTERLY 43.60 FEET ALONG A LINE WITH A DEFLECTION ANGLE OF 96 037.40" RIGHT FROM THE LAST DESCRIBED COURSE EXTENDED THENCE SOUTHWESTERLY 156.30 FEET ALONG AN ARC TO THE RIGHT HAVING A RADIUS OF 909.93 FEET AND SUBTENDED BY A LONG CHORD HAVING A LENGTH OF 156.03 FEET WITH A DEFLECTION ANGLE OF 1006.24" RIGHT FROM THE LAST DESCRIBED COURSE EXTENDED TO A POINT ON THE SOUTH LINE OF LOT 4; THENCE WEST 0.37 FEET ALONG THE SOUTH LINE OF LOT 4 TO THE SOUTHWEST CORNER OF SAID LOT 4; THENCE NORTH 198.00 FEET ALONG THE WEST LINE OF LOT 4 TO THE POINT OF BEGINNING. be and the same is hereby established as SF Single Family Two Family District SECTION H. That a Special Exception for accessory dwelling unit in a SFl Single Family Two Family District zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. 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. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 20. at o'clock m. Approved and signed by me on the .m. day of City Clerk 20, at day of , o'clock Mayor of the City of South Bend, Indiana Filed in r.,oE ,.'.s Office 1 a� CITY C4$H,•., : WTH @EN@, IN PETITION FOR A COMBINED PUBLIC HEARING City of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 803 W Washington St. 2) The property Tax Key Number(s) is /are: 018 - 1025 - 106201 / 71- 08 -11- 205- 021.000 -026 3) Name and address of property owner(s) of the petition site: Trent Runyon & Leah Hudson - Runyon 803 W Washington St. South Bend, IN 46601 574- 849 -9666 trunyon @gmail.com Name and address of additional property owners, if applicable: 4) Name and address of contingent purchaser(s), if applicable: Name Address City, State Zip Code Phone number with Area Code E -Mail Address Name and address of additional property owners, if applicable: 5) It is desired and requested that this property be rezoned: From: M171 Urban Corridor Multifamily District Additional zoning district, if applicable To: SF Single Family Two Family District 6) This rezoning is requested to allow the following use(s): SINGLE FAMILYD WELLING WITHSPECIAL EXCEPTION FOR ACCESSORYD WELLING UNIT OF THE CARRIAGE HOUSE 7) If applicable, a detailed description and the purpose of the variance(s) being requested: Insert text 8) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: Insert text (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: Insert text (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Insert text 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 10) If applicable, a detailed description and purpose of the Special Exception(s) being requested: Accessory dwelling unit 11) A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: Used for owner dwelling while renovating the main house (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Used for owner dwelling while renovating the main house (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Used for owner dwelling while renovating the main house (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Used for owner dwelling while renovating the main house 12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (b) addressed, stamped envelopes for all property owners within 300 feet of the petition property. CONTACT PERSON: Trent Runyon 803 W Washington St. South Bend, IN 46601 574- 849 -9666 trunyon @gmail.com Signature(s) of all ploRerty owner(s), or signature of Attorney for all property owner(s): - -- -_ ._._._.__ --- Filed In G�Pr :'s Office IMAY I 11 5 CITY CLERK, yuUTH SEND, IN Filed in 4Mw, 's office N (9 s w .22 J+r+rr A ( I OR CITY CLEAK. ataU ri BEND, IN V C q C L' rc c � d 9 = rn a (Q N N 00 y 9 m. 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