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07-13-15 Agenda, Packet & Committee Meeting Notice
OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK July 9, 2015 TO: MEMBERS OF THE COMMON COUNCIL FROM: JOHN VOORDE, CITY CLERK The following Common Council Committee Meetings have been scheduled for Monday. July 13. 2015 in the Council Informal Meeting Room, 4 t Floor County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana: 3:30 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. Bill No. 15 -57 — Designating Tax Abatement- Jeffrey and Marie Spoonhower — 824 N. St. Peter St. — 5 year Residential 2. Bill No. 15 -58 — Designating Tax Abatement — GLC Portage Prairie — SE Corner of Adams Rd and Dylan Dr. — 8 year Real Property 3. Bill No. 15 -59 — Proposed Master Lease between GLC Portage Prairie and SB Redevelopment Commission 4. Bill No. 15 -60 — Confirm a Resolution that the Tax Increment for Erskine Village to be Collected in the year 2016 May be Allocated other Respective Taxing Units 5. Bill No. 15 -61 — Approve the Issuance of Lease Rental Revenue Refunding by the SB Redevelopment Authority Eddy Street Commons Project 6. Bill No. 15 -62 — Approve the Disposition of Real Property Located at 51190 and 51270 Mayflower Road 4:10 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON 1. Bill No.15 -63 —Approve the Issuance on Scrap Metal /Junk Dealer /Recycling Operation Licenses for 2015 2. Quarterly Financial Update from Administration & Finance 4:35 P.M. HEALTH & PUBLIC SAFETY DEREK D. DIETER, CHAIRPERSON 1. Bill No. 33 -15 — Amend Chapter 9 of the South Bend Municipal Code regarding Ambulance /Medical Service Fees 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 3. Bill No. 18 -15 — Amend Various Sections of Chapter 20 of the South Bend Municipal Code by Amending and Establishing City -Wide Regulations banning the Use of all Hand -Held Electronic Communications Devices while Driving 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.SouthBendlMgov KAREEMAH FowLER JANICE TALBOOM EMILY SEXTON CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK 5:05 P.M. UTILITIES DR. DAVID VARNER, CHAIRPERSON 1. Bill No. 26 -15 — Amend Sections of Chapter 16 of the South Bend Municipal Code to Adjust Fees for city Collection of Disposal of Refuse Materials 2. Bill No. 15 -64 — Recommend that the City's Board of Public Works Update Its Sewer Insurance Program Policy and that the Required Reporting to the Common Council and the Utility Committee be resumed immediately 5:30 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON 1. Interview Applicants for Humans Rights Commission Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Personnel & Finance 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. AnFrmA SOUTH BEND COMMON COUNCIL MEETING MONDAY, JULY 13, 2015 7 :00 P.M. 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 15 -54 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING, COMMENDING AND THANKING DONALD J. NAPOLI FOR MORE THAN 37 YEARS OF DEDICATED SERVICE TO OUR COMMUNITY AS DIRECTOR OF THE ST. JOSEPH COUNTY LIBRARY 15 -55 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA PUBLICLY HONORING AND THANKING KELLIRAE BOANN FOR THE MANY CONTRIBUTIONS SHE HAS MADE TO OUR COMMUNITY AS EXECUTIVE DIRECTOR OF THE MUSIC VILLAGE 6. REPORTS OF CITY OFFICES - MAYOR PETE BUTTIGIEG 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: 18 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 20, ARTICLE 13 OF THE SOUTH BEND MUNICIPAL CODE BY AMENDING AND ESTABLISHING CITY -WIDE REGULATIONS BANNING THE USE OF ALL HAND- HELD ELECTRONIC COMMUNICATION DEVICES WHILE DRIVING, AND AMENDING CHAPTER 2, ARTICLE 19, SECTION 2 -213 ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOLATIONS 26 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, SECTIONS 16 -6 AND 16 -8 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES FOR CITY COLLECTION AND DISPOSAL OF REFUSE (SOLID WASTE) MATERIALS 33 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS OF CHAPTER 9, ARTICLE 3, OF THE SOUTH BEND MUNICIPAL CODE TO ADDRESS AMBULANCE /MEDICAL SERVICE FEES 8. BILLS, THIRD READING RTTT. Nn. TIME: 18 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 20, ARTICLE 13 OF THE SOUTH BEND MUNICIPAL CODE BY AMENDING AND ESTABLISHING CITY -WIDE REGULATIONS BANNING THE USE OF ALL HAND- HELD ELECTRONIC COMMUNICATION DEVICES WHILE DRIVING, AND AMENDING CHAPTER 2, ARTICLE 19, SECTION 2 -213 ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOLATIONS 26 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, SECTIONS 16 -6 AND 16 -8 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES FOR CITY COLLECTION AND DISPOSAL OF REFUSE (SOLID WASTE) MATERIALS 33 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS OF CHAPTER 9, ARTICLE 3, OF THE SOUTH BEND MUNICIPAL CODE TO ADDRESS AMBULANCE /MEDICAL SERVICE FEES 9. RESOLUTIONS BILL NO. 15 -56 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 122 CALLANDER ST. SOUTH BEND, IN 46614 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR JSK DEVELOPMENT, INC. /IRELAND HOSPITALITY, LLC 15 -57 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 824 N. ST. PETER STREET, SOUTH BEND, IN 46617 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JEFFREY AND MARIE SPOONHOWER 15 -58 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 THE SOUTHEAST CORNER OF ADAMS RD AND DYLAN DR. SOUTH BEND, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN (8) EIGHT -YEAR REAL PROPERTY TAX ABATEMENT FOR GLC PORTAGE PRAIRIE, LLC 15 -59 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND RECOMMENDING A PROPOSED MASTER LEASE BETWEEN GLC PORTAGE PRAIRIE, LLC, AS LESSOR, AND THE SOUTH BEND REDEVELOPMENT COMMISSION, AS LESSEE 15 -60 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ACCEPTING AND CONFIRMING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION DETERMINING THAT THE TAX INCREMENT FOR ERSKINE VILLAGE TO BE COLLECTED IN THE YEAR 2016 MAY BE ALLOCATED TO THE RESPECTIVE TAXING UNITS AND OTHER RELATED MATTERS 15 -61 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING OF THE ISSUANCE OF LEASE RENTAL REVENUE REFUNDING BONDS BY THE SOUTH BEND REDEVELOPMENT AUTHORITY FOR THE PURPOSE OF ADVANCE REFUNDING THE REDEVELOPMENT AUTHORITY'S LEASE RENTAL REVENUE BONDS OF 2008 EDDY STREET COMMONS PROJECT AND REGARDING CERTAIN RELATED MATTERS 15 -62 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE DISPOSITION OF REAL PROPERTY LOCATED AT 51190 MAYFLOWER ROAD AND 51270 MAYFLOWER ROAD, 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 15 -63 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALER /RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2015 PURSUANT TO SECTION 4 -51 OF THE SOUTH BEND MUNICIPAL CODE 15 -64 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT THE CITY'S BOARD OF PUBLIC WORKS UPDATE ITS "SEWER INSURANCE PROGRAM POLICY" TO INCLUDE SUSPENSION PROVISIONS FOR ENTITIES DOING BUSINESS WITH THE CITY AND THAT REQUIRED REPORTING TO THE COMMON COUNCIL AND THE UTILITY COMMITTEE BE RESUMED IMMEDIATELY 10. BILLS, FIRST READING RTT�T� NO 34 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT #6, FOR 23530 S.R. #2, 56575, 56589, 56605 MAYFLOWER ROAD, 23562, 23580 HURON STREET AND 56546, 56576, 56586, 56660 HOLLYWOOD BOULEVARD, SOUTH BEND, INDIANA. 11. UNFINISHED BUSINESS A. REPORTS FROM THE BOARD OF ZONING APPEALS 1. BILL NO. 15 -65- SPECIAL EXCEPTION -3016 PORTAGE AVE. 2. BILL NO. 15 -66- SPECIAL EXCEPTION - 4085 MEGHAN BEELER COURT 3. BILL NO. 15 -67- SPECIAL EXCEPTION - 430 PARKOVASH AVE. B. REQUEST TO PUT THE CONFIRMING TAX ABATEMENT FOR AMERIPLEX SUPERIOR PARTNERS, LP ON THE 7/27/15 AGENDA 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. 6- -�i)J,,l� -(j' Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 20. ARTICLE 13 OF THE SOUTHBEND MUNICIPAL CODE BY AMENDING AND ESTABLISHING CITY- WIDE REGULATIONS BANNING THE USE OF ALL HAND -HELD ELECTRONIC COMMUNICATION DEVICES WHILE DRIVING, AND AMENDING CHAPTER 2, ARTICLE 19, SECTION 2 -213 ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOLATIONS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council passed Ordinance No. 9946 -09 on July 27, 2009 which created local public safety regulations banning the use of hand -held mobile telephones, mobile communication devices and telecommunication devices in school zones. Those regulations were based on the "public safety interests of helping to protect our school children, our school crossing guards, and the motoring public in our community ". At the March 23, 2015 Common Council meeting local high school students presented information and data on the State of Indiana's statewide program "Drive Now, Text L8r" campaign. Currently there are fourteen (14) states which ban the use of hand -held devices while driving. The Indiana General Assembly has not taken legislative action on prohibiting the use of all handheld devices while driving. In light of the growing public safety concerns which is resulting in a higher amount of deaths due to distracted drivers, especially among our young people, it is believed that a city -wide ban would be in the best interests of our residents and visitors to our city. This ordinance would also update the penalty provisions for the violations in the Schedule of Ordinance and Code Violations set forth in Section 2 -2113 of the South Bend Municipal Code. �%lim; `� /tr ri, ,�E"', -; om,,inir / /� //r (�r.•diuiinir C� >oiuiri /c� //r cxwll, �,y", Section I. The current language codified into Section 20 -130 of Chapter 20, Article 13 of the South Bend Municipal Code is deleted and hereby amended to read in its entirety as follows: ARTICLE 13. CITY -WIDE REGULATIONS BANNING THE USE OF ALL HAND- HELD ELECTRONIC COMMUNICIATION DEVICES WHILE DRIVING. Sec. 20 -130 Definitions. As used in this Article: Ordinance Banning Use of All Electronic Communication Devices While Driving Page 2 (a) Electronic Communication Devices mean any electronic device, including but not limited to a hand -held wireless telephone, hand -held personal digital assistant, or a portable or mobile computer, but does not include a global positioning syst that is physically or electronically integrated into a motor vehi em or navigation system or a device cle. (b) Motor vehicle means a vehicle that is self - propelled, and as further defined as set forth in Indiana Code § 9 -13 -2 -105.' (c) Street or highway means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter or right, for the purpose of vehicular traffic.' Section II. The current language codified into Section 20 -131 of Chapter 20, Article 13 of the South Bend Municipal Code is deleted and hereby amended to read in its entirety as follows: Sec. 20 -131 Use of Hand -Held Electronic Communication Devices While Driving Prohibited. A person may not operate a motor vehicle on any street or highway in the city while using a hand- held electronic communication device. Section III. The current language codified into Section 20 -132 of Chapter 20, Article 13 of the South Bend Municipal Code is deleted and hereby amended to read in its entirety as follows: See. 20 -132 Limited Exceptions. This Article shall not apply to: (a) A law enforcement officer or operator of an emergency vehicle while performing his or her official duties; (b) A driver of motor vehicle, who is driving along, who is using a electronic communication device for the sole purpose of reporting an emergency situation and continued communication with emergency personnel during the emergency situation; (c) A driver of a motor vehicle who is using an electronic communication device in hands - free or voice - operated mode; ' On January 1, 2015, Public Law 221- 2014, § 12 took effect which defined motor vehicle as a vehicle that is self - propelled which does not include a farm tractor, an implement of agriculture designed to be operated primarily in a farm field or on farm premises, or an electric personal assigtive mobility device; and contains numerous cross - references to Title 9 of the Indiana Code addressing motor vehicle. See also South Bend Municipal Code Section 20. 2(a) (16). Z This definition is also set forth in South Bend Municipal Code Section 20 -2(a) (43). Ordinance Banning Use of All Electronic Communication Devices While Driving Page 3 (d) A driver of a motor vehicle using an electronic communication device while parked on the shoulder of a street or highway; (e) A driver of a motor vehicle using an electronic communication device when the vehicle is stopped due to normal traffic being obstructed and the driver has the motor vehicle transmission in neutral or park; (f) A driver using an electronic communication device by pressing a single button to initiate or terminate a voice communication; or (g) A driver of a motor vehicle using an electronic communication device capable of performing multiple functions, other than a hand -held wireless telephone or hand -held personal digital assistant such as a fleet management system, dispatching device, citizens band radio, or music play, for a purpose that is not otherwise prohibited by this Article. Section IV. The current language codified into Section 20 -1333 of Chapter 20, Article 13 of the South Bend Municipal Code entitled Violations and Penalties and codified into Section 20- 134 4 of Chapter 20, Article 13 of the South Bend Municipal Code entitled Deposit of Fine Monies Into Police Department Training Fund is re- affirmed. Section V. Chapter 20, Article 13 of the South Bend Municipal Code is further amended by the addition of new Section 20 -135, which is currently reserved, which shall read in its entirety as follows: Sec. 20 -135 Street Signage. The City of South Bend shall post street signage on all main arterial streets leading into the City, and at other locations which the Board of Public Works determine necessary, which gives notice of the ban addressed in this Article. Section VI. The chart set forth in Chapter 2, Article 19, Section 2 -213 of the South Bend Municipal Code shall be amended in part to read as follows: 20 -133 Use i1 fH of Hand -Held Electronic Communication 75.00/125.00/250.00 Device While Drivin South Bend Municipal Code Section 20 -133 calls for fines of $75 for the V violation, $125 for the 2 "d violation and $250 for each subsequent violation, and if there is an accident in a School Crossing Zoning the fine is automatically $250. "South Bend Municipal Code Section 20 -134 calls for fines to be deposited into Fund # 220. Ordinance Banning Use of All Electronic Communication Devices While Driving Page 5 Section VII. 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 VIII. This ordinance shall be in full force and effect on July 1, 2015, and from and after its passage by the Common Council, approval by the Mayor, and legal publication. Office of the City Clerk m. fst READNG PUBLIC HEARING 3 rd READING NOT APPRpy6D REFERPM PASS®'. Henry Davis, Jr., 3 -District Council Member South Bend Common Council 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 me on the _ day Pete Buttigieg, Mayor City of South Bend, Indiana 2015, at _ o'clock Filed Ir. . 3tiice a, r zUt5 Joh, es6 . CITY CLERK, SGU'tH BEkB, tN IM Common council City of South Bend Indiana Henry Davis, Jr., 2nd District Council Member 41h Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -5983 (574) 235 -9173 Facsimile April 2, 2015 Members of the Common Council 4`I' Floor County -City Building South Bend, Indiana 46601 (574)235 -5567 TTY/TDD Re: Ordinance Calling for a Ban of All Hand -Held Electronic Communication Devices While Driving Dear Council Members: In light of the enthusiastic response on the "Drive Now, Text L8R" Campaign by area high school students at our last Common Council meeting, and the overriding public safety concerns on this topic, I am introducing the attached ordinance for your review, discussion and passage. I am also attaching information form the Insurance Institute for Highway Safety and the Highway Loss Data Institute which depicts as of this month the fourteen (14) states which ban hand -held electronic communication devices. The power -point presentation on "Texting & Driving" prepared by the high school students is already of record in the Office of the City Clerk. In light of the Indiana General Assembly not taking action on these growing public safety issues, I believe that we need to address these concerns, until a state -wide ban becomes the law in our state. I am recommending an effective date of July 1st for these public safety regulations, so that there is ample public notice to the public and time for the Administration to post proper signage. I request that this Bill be sent to the Council's Health and Public Safety Committee and be scheduled for public hearing at the April 27, 2015 Common Council meeting. Thank you. Sincerely, Henry D ts, 2nd Distric o nci SQ Attachments Fttecf In ; i4r °g. Office AAA! -/N15 CfT V CLEMYtt, S BENID, IN I INSURANCE IIVSITI (1TE MHUMM • 13'1TAINSITI'[TTg HIGHWAY SAFETY RESEARCH & COMMUNICATIONS Distracted driving Concern is mounting about the effects of phone use and texting while driving. Cellphones and texting April 2015 Page I of 2 Talking on a hand -held cellphone while driving is banned in 14 states and the District of Columbia. The use of all cellphones by novice drivers is restricted in 37 states and the District of Columbia. Text messaging is banned for all drivers in 45 states and the District of Columbia. In addition, novice drivers are banned from texting in three states (Missouri, Oklahoma and Texas). Many localities have enacted their own bans on cellphones or text messaging. In some but not all states, local jurisdictions need specific statutory authority to do so. In addition, most school bus drivers are banned from texting and using hand -held cellphones by state code, regulation or school district policy. The table and maps below show the states that have cellphone laws, whether they specifically ban text messaging, and whether they are enforced as primary or secondary laws. Under secondary laws, an officer must have some other reason to stop a vehicle before citing a driver for using a cellphone. Laws without this restriction are called primary. Table Map: hand -held bans Map: texting bans Map: young driver all cellphone bans 'in Louisiana, all le�...�. , Nul,,,,, „suers, Irrespective of age, and all intermediate license holders are prohibited from driving while using a hand -held cellphone. All drivers younger than 18 are prohibited from using any cellphone. All drivers, irrespective of age, issued a first driver's license are prohibited from using a cellphone for one year. The cellphone ban is secondary for novice drivers ages 18 and older. Hover over map kr more &Wl. http: / /www.iihs.org /iihs/ topics/] aws/ Cellphonelaws /Maphandheldcellbans 4/2/2015 8;ll A- Z�3 -)T- AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 16, SECTIONS 16 -6 and 16 -8 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES FOR CITY COLLECTION AND DISPOSAL OF REFUSE (SOLID WASTE) MATERIALS STATEMENT OF PURPOSE AND INTENT The charges for collection and disposal of refuse (solid waste) materials within the City of South Bend have not increased since 2008 (Ordinance No. 9861 -8, passed August 25, 2008). Over the past several years the costs to the City for this collection and disposal process have risen, including the salaries and wages of personnel, the cost of technically advanced trucks and other equipment, and the costs of fuel and other overhead expenses of processing. At this time an adjustment in the fees charged for collection and disposal of solid waste is necessary to cover the basic costs of the service. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Chapter 16, Article 2, Section 16 -6, subsection (c) is hereby amended to delete in full sub -parts (1) through (5) inclusive, which subparts shall be replaced with the following schedule of rates: (1) Rates and Charges MONTHLY RATES Within City of South Bend Limits: Family Dwellings: One — family dwelling Two - family dwelling ** Three- Family dwelling ** Four Family Dwelling ** Senior rate * ** Commercial Outside City of South Bend Limits: Residential Residential Senior * ** Additional Trash Container (per container) 2015 2016* $11.52 (1) $12.48 18.06 (1) 19.57 24.61 (1) 26.66 31.16 (1) 33.76 6.91 (1) 7.49 13.82 16.22 13.82 16.22 8.64 9.36 6.55 7.09 Yard Waste Bin * * ** 16.00 16.00 * Until Further Amended. ** With one water meter. ** * Where the head of the household has submitted to the Board of Public Works proof of age sixty five (65) or older. * * * * Annual Charge for 8 months of the year. SECTION 11. The remaining subparts numbered (6) through (8) of Chapter 16, Article 2, Section 16 -6(c) shall be renumbered as subparts (2) through (4) respectively. SECTION III. Subpart 9 of Chapter 16, Article 2, Section 16 -6(c) shall be deleted in its entirety. SECTION IV. Chapter 16, Article 2, Section 16 -8, subsection (a) and (d) are hereby amended to read as follows: (a) Each single - family, two - family, three- family and four - family dwelling shall be provided by the City with one (1) solid waste container for each family unit. It shall be the duty of the dwelling occupant to keep the cover of this container tightly fitted when refuse is contained in the container, and to remove the container from the collection site promptly after collection by the City and no later than twenty -four (24) hours thereafter. No container other than the one provided by the City shall be used for solid waste removal, and all refuse must be placed in the container and moved to the place of pickup by 6:00 a.m. on the designated collection date. Should the solid waste refuse of a dwelling habitually exceed the limits of the furnished solid waste container, the City may require the dwelling occupant to use a second City- furnished container or the dwelling unit occupant may choose to use a second City furnished container at an additional charge of €ve4ellftf&") six dollars and fifty -five cents $6.55) per month in 2015), and seven dollars and nine cents a7.02,) per month ( in 2016 and thereafter on a mandatory year to year basis as provided in subsection (d) of this section. (d) "I'he initial container furnished to owners, agents or occupants of dwellings as provided in this section shall be free of charge. New or subsequent dwelling owners, agents or occupants, shall pay an initial nonrecurring service fee of ten dollars ($10.00) to cover the City's administrative cost of delivery and furnishing the refuse container. Should a container become substantially damaged or otherwise incapable of effective use through no fault of the City, a new container may be provided at actual cost. Any dwelling unit using more than one (1) refuse container or habitually having refuse exceeding capacity of the furnished container shall lease a second container for a year to year term at the lease rate of five dellats B) six dollars and fifty five cents ($6.55) per month (in 2015) and seven dollars and nine cents ($7.09) per month (in 2016 and thereafteerr . SECTION V. The effective date of this ordinance shall be August 1, 2015 after passage by the Common Council, approval of the Mayor, and publication pursuant to law. Member, South Bend Common Council pf an Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the of 2, at o'clock . M. Approved and signed by me on the m. 1 st READING PUBLIC HEARING ' rd READING NOT APPROVED REFERRED PASSED City Clerk day of day 2_, at _o'clock Mayor, City of South Bend, Indiana Filed in C V.. r IFJ a 0 `J 15t3EFdQ, CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS May 20, 2015 Mr. Tim Scott President, South Bend Common Council 4`h Floor, County -City Building South Bend, IN 46601 Re: Ordinance Amendment to South Bend Municipal Code Chapter 16, Article 2, Sections 16 -6 and 16 -8 Regarding Fees for City Collection and Disposal of Solid Waste Materials Dear President Scott: Last year during the budget process, it was identified that the ongoing fees charged for the collection and disposal of solid waste needed adjusted in order to cover the basic costs of providing the service. The costs for personnel salaries, wages and benefits, fuel, tipping fees, new technically advanced trucks and equipment, maintenance, and overhead have risen since the last increase in 2008. Expenses have outpaced revenues for the past few years which led to a declining fund balance in the Solid Waste fund. During the budget process, it was suggested that the fees would need to be increased by approximately $1.00 per month per household in 2015. The City is recommending that the Council pass a two - tiered fee increase per the attached ordinance for 2015 and 2016. The effective date for the first increase would be August 1, 2015. The recommended fees would support a more evenly balanced budget and would be competitive with fees in surrounding communities. Either Dr. Boyles or I will present this ordinance at the Council's Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. As always, thank you for your consideration. Sincerely, Eric C. Horvath City of South Bend Executive Director Public Works ,{k 3 MAY 2 G , 5 -_ �VO �,� � � 00, 33 -ISM ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS OF CHAPTER 9, ARTICLE 3, OF THE SOUTH BEND MUNICIPAL CODE TO ADDRESS AMBULANCE/MEDICAL SERVICE FEES STATEMENT OF PURPOSE AND INTENT Since 1981, the City of South Bend, Indiana has codified the regulation of ambulance and medical user fees into the South Bend Municipal Code. South Bend's current ambulance and medical user fees took effect on August 1, 2014 (Ordinance No. 10321 -14). The South Bend Fire Administration has regularly reported to the Common Council its ambulance service activity pursuant to Chapter 9, Section 9 -18 of the South Bend Municipal Code, and has provided its recommendation regarding adjustment of user fees. The Fire Chief s most recent report was submitted to the South Bend Common Council on June 1, 2015. Based on its survey of these fees and charges, and due to increased costs to the City for personnel training and necessary medical supplies, it is recommended that ambulance and medical user fees be adjusted consistent with the 2015 Medicare Fee Schedule. To fully recover the costs and expenses of the Fire Department paramedic branch in providing ambulance and emergency medical services, a modest adjustment is required of the current rates. Specifically, a new rate is appropriate for Specialized Care Transports applied to transports made by Memorial Hospital's neo -natal transport units. It is further recommended by the Fire Administration that hereafter the South Bend Fire Chief be authorized to adjust these user fees once annually and automatically by the same percentage rate as any adjustments made to the Medicare Fee Schedule rates, with notice to the City Clerk after which such new rates will take effect. These changes are reasonable, appropriate, and in the best interests of the City of South Bend. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 9, Article 3, Section 9 -16 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 9 -16. Ambulance /medical user fee -- Established. (a) The following user fee schedule shall be charged for all ambulance /medical services provided by the City through its paramedic branch of the Fire Department: Resident Non- Resident Non - Resident Resident (1) Basic Life Support (BLS c ^' $320.34 $ 426.05 Nonemergency) (2) Basic Life Support—(BLS 512.55 681.69 Emergency) `051"- 6721^ (3) Advanced Life Support —(ALS 384.41 511.26 Non Emergency) 379 504.08 (4) Advanced Life Support-- � �n 608.66 809.51 Emergency (ALS -1 Emergency) ced Life Support (ALS -2 Emergency 880.94 1 171.64 g (6) Mileage, Basic (Within City Limits) (per patient miles, minimum 12.66 12.66 12.66 12.66 one (1) mile) (7) Mileage, Rural (per patient miles, 19.16 19.16 minimum one (1) mile) 19.16 19.16 (8) Non - Transport Medical Calls 150.00 200.00 150.00 200.00 (9) Specialized Care (AO 434) 1.041.11 1,384.67 (b)'The above fees shall be charged per patient run occurrence; however, when ambulance /medical services are provided for a patient using a private ambulance, the mileage fee shall not be charged; and further provided that when more than two (2) members of an immediate family residing at the same address are transported per incident, the basic fee, mileage fee, and emergency fee shall only be billed for two (2) persons. (c) Non- resident: Is defined as a person whose primary residence at the time of the service is outside the corporate boundaries of the City of South Bend, Indiana. (d) Basic Life Support (BLS): Means transportation by ground ambulance vehicle and medically necessary supplies and services, plus the provision of BLS ambulance services. The ambulance must be staffed by an individual who is qualified in accordance with State and local laws as an Emergency Medical Technician Basic (EMT-Basic)'. (e) Advanced Life Support, Level 1 (ALS I): Means transportation by ground ambulance vehicles, medically necessary supplies and services and either an ALS assessment by ALS personne o provision of at least one ALS intervention. l r the ALS 1, ALS2 and BLS definitions track the language codified in Title 42 of the Code of Federal Regulations, Chapter IV, §414.605 entitled "Fee Schedule for Ambulance Services ". (f) Advance Life Support, Level 2 (ALS2): Means either transportation by ground ambulance vehicle, medically necessary supplies and services, and the administration of at least three (3) medications by intravenous pus/bolus or by continuous infusion excluding crystalloid, hypotonic, isotonic, and hypertonic solutions (Dextrose, Normal Saline, Ringer's Lactate); or transportation, medically necessary supplies and services, and the provision of at least one (1) of the following: (1) Manual defibrillation /cardioversion (2) Endotracheal intubation (3) Central venous line (4) Cardiac pacing (5) Chest decompression (6) Surgical airway (7) Intraosseous line (g) Non - Transport Medical Calls: Means a response to a medical emergency call by ambulance vehicle and the administration of ALS skills upon or medication given to a patient who then refuses transport to the hospital. (h) Mileage, Rural, shall apply to vehicle runs made to areas in zones or zip codes designated as rural by Medicare and the U.S. Department of Health and Human Services in its Medicare regulations. (i) The above fees shall take effect on ?anaa.;r i^�^TAueust 1, 2015. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: �r Pi i, 4as an `/.�Y,.�#�ky.u'S.��i��t���y�JJ,�, ��eeyL�.y� ij4j x.1:[[t��la,..�'��p�-qq � &:gym Cfl Ci3 F0 m. City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2015, at o'clock m. City Clerk Approved and signed by me on the day of 2 at o'clock, .m. 1 s1 READING PUBLIC NEARING 3 rd READING NOT APPROVED REFERRED PASSED Mayor, City of South Bend, Indiana Filed in Cie 'rk's JUN 16 2015 JOHN VDD6tDE CITY CLERK, SOUTH BEND, IN I222 S. MICHIGAN STREET Soum BEND, INDIANA 466oz -z8zl CITY OF SOUTH BEND PETE B=GIEG, MAYOR SOUTH BEND FIRE DEPARTMENT STEPHEN F COX FIRE CHIEF PHONE 574/ 235-9255 FAX 574/ z35-9305 Filed in Clerk's Office JUN 1 6 2015 JOHN VOORDE CITY CLERK, SOUTH BEND, IN j Common Council President Tim Scott June 16, 2015 County -City Building South Bend, IN 46601 President Scott, I am respectfully requesting the South Bend Common Council consider my recommendation to increase the Ambulance User Fees charged by the South Bend Fire Department. As stated in City Ordinance No. 10321 -14, I have provided the required Annual Review of User Fees with the recommendation for an increase that reflects the increase in reimbursement amounts allowed by Medicare. These amounts are current to this year. As I have stated in the past, Medicare typically adjusts this reimbursement allowance at least annually, which usually includes an increase in the rate of reimbursement. If adjustments are not made to our user fees, we are unable to take advantage of Medicare's reimbursemincreases. I appreciate your consideration on this matter. I look forward to presenting the ordinance to Council at your Committee and regular meetings. Sincerely, i Step n F. Cox Fire Chief JAMES I.OPE.Z TODD L. SxwARCAN ANDREW J. MYER JOHN CORTHIER ASST. CHIEF OPERATIONs ASST. CHIEF SERVICES A53T, CHIEF EMS ASST. CHIRP TRAINING 1'EDPF RE MARRRsHAi, RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 122 Callander St. South Bend, IN 46614 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR JSK Development, Inc. /Ireland Hospitality, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 122 Callander St., South Bend, IN 46614 and which is more particularly described as follows: Key Number 023 -1035 -1759 — Lots 1 &2 & N1 /2 Vac Callender St S & Adj N Pt SW E of Hwy 029/10 Vac Ord 9885 -08 Key Number 023 - 1035 -1760 — 74.48 x 179.15' Beg 430'S Ireland Rd & E Line US 31 Ex W 10' to State & NI /2 Vac Callender St S & Adj 09/10 Vac Ord 9885 -08 Key Number 023 - 1035 -1761 — 60 x 135' On Callander E of US 31 & N '/z Vac Callender S & Adj 09/10 Vac Ord 9885 -08 Key Number 023 - 1035 -1767 —110 x 141.32' Beg 420.17' E of E Line US 31 & S 1/2 Vac Callender St N & Adj 09/10 Vac Ord 9885 -08 Key Number 023- 1035 -1768 — Irr Tr Beg 174.94' E & 673.04' S of Inter Us 31 & E & W C/L &S1 /2 Vac Callender St N & Adj Key Number 023 - 1035 -1769 — Irr Tr 118.25' E Side US 31' Beg 673.04' S of Ireland C/L & S1 /2 Vac Callender St N & Adj and which has Key Numbers listed above be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted a real property tax deduction for a period of (6) six years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. AMENTED Member of the Common Council tea' F11W lra office 4VI'i CITY CLERK,, SOUTH END, IN I 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 824 N. St. Peter Street, South Bend, IN 46617 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Jeffrey and Marie Spoonhower 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 824 N. St. Peter Street, South Bend, Indiana 46617 and which is more particularly described as follows: THAT PART OF THE SOUTHEAST QUARTER, SECTION 1, TOWNSHIP 37 NORTH, RANGE I EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS LOT "2" AS SHOWN ON THE PLAT OF "SORIN'S FIRST ADDITION TO THE TOWN OF LOWELL, FIRST MIND SUBDIVISION" RECORDED MARCH 20TH, 2014 IN THE OFFICE OF THE ST. JOSEPH COUNTY, INDIANA RECORDED AS INSTRUMENT NO. 1406256 SUBJECT TO ALL LEGAL RIGHT -OF -WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1 -12.1 et seg., 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 sea., and has father 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 1. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1- 12.1 et se q., 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 2 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 two (2) 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 a real 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 -I.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. g:a's?' 11 11 .11 a��i:. P RISENTED )AOT APPQOVYA Member of the CITY CL FIX, SOUTH IIIMD, IN 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 June 29, 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 PHONE: 574/235 -9371 FAx:574/235 -9021 RE: Residential Real Property Tax Abatement Petition for: Jeffrey and Marie Spoonhower Dear Council Member Ferlic: Please find the attached information pertaining to a residential real property tax abatement petition submitted by Jeffrey and Marie Spoonhower to a build a single - family home: ➢ 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 a single - family home with an approximate construction value of $300,000. The project meets the qualifications for a (5) five -year residential property tax abatement and Jeffrey and Marie Spoonhower will be available to meet with the Committee on Monday, July 13, 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, �w Brock Zeeb Director Economic Resources PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITiN KAM PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BROCK ZEEB SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: Jeffrey and Marie Spoonhower DATE: June 29, 2015 On Wednesday, June 17, 2015, a petition from Jeffrey and Marie Spoonhower was received and subsequently filed with the City Clerk for residential real property tax abatement consideration for a single- family home. 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 ➢ (1) One single - family home at an approximate net assessed value of $126,805 ➢ New total taxes during five year abatement period — $15,441 ➢ Estimated taxes being abated during five year abatement period — $2142 ➢ Total taxes to be paid during five year abatement period — $13,299 ABATEMENT QUALIFICATION 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 properties are located in the River East Development Area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year residential property tax abatement under section 2 -77.1, Single Family Residential Construction. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINEss DEVELOPMENT ECONOMIC RESOURCES JMN KAIN PAMELA C. MEYER CHRIS FIELDING BROCK ZEES 5 YEAR Jeffrev and Marie S000nhower South Bend Portage Township Residential Real Property Tax Abatement Schedule" 29- Jun -15 Estimated Project Cost: $300.000.00 Total Taxes Tax Abated" Tax Paid'" Assessed Value: Structure I% AV of cost) 80.0% 240,000.00 240,000.00 240,000.00 Land Value 4,700 4,700.00 N/A N/A Gross Assessed Value 244,700.00 240,000.00 240,000.00 Less Mortgage Exemption (3,000.00) (3,000.00) (3,000.00) Less Homestead Deduction (45,000.00) (45,000.00) (45,000.00) Less Supplemental Homestead Deduction (69,895.00) (69,895.00) (69,895.00) Base Assessed Value 126,805.00 122,105.00 122,105.00 Less Maximum Abatement Deduction N/A N/A (74,880.00) Less Non - Abated Amount N/A (47,225.00) N/A Plus Land Assessed Value N/A N/A 4,700.00 Net Assessed Value 126,805.00 74,880.00 51,925.00 Property Taxes: Assume constant tax rate of 5.4968% 5.4968% 5.4968% Gross Tax (tax rate x net assessed value) 6,970.23 4,116.01 2,854.22 Less County COIT Homestead Credit: 6.8095% (474.64) (280.28) (194.36) Tax Due Before Circuit Breaker 6,495.60 3,835.73 2,659.86 Less Circuit Breaker Credit _ (3,407.34) (3,407.34) 0.00 Net Tax 3,088.25 428.39 2,659.86 Circuit Breaker Cap Circuit Breaker 1.0000% 2,447.00 2,400.00 2,447.00 Debt Service 0.5057% 641.25 378.67 262.58 Circuit Braker Cap 3,088.25 2,778.67 2,709.58 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 126,805.00 3,088.25 428.39 2,659.86 2 126,805.00 3,08825 428.39 2,659.86 3 126,805.00 3,088.25 428.39 2,659.86 4 126,805.00 3,088.25 428.39 2,659.86 5 126,805.00 3,088.25 428.39 2,659.88 5year totals: 15,441.26 2,141.95 13,299.31 "This schedule Is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. "Tax Abated is capped at $74,880 of assessed value of structures only and does not Include land assessed value. "'Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C. 6 -I.1- 12.1 -1, et seq. and South Bend Municipal Code Sec. 2.76 et seu., for this petition state the following: 1. Describe die proposed construction project, including information about square footage, number of rooms, number of stories, other amenities such as finished basements and garages, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional 2. Estimate the dollar value of the construction project (do not include land cost): $300 I 060 — ------ - - - - -- 3. 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): 4. The commonly known address of the Property is: $a1VW<A1 _PkA<e S }--------- - - - - -- -- and having tax key no.:_ OL$_ 5033_ 11-7 I. DI (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit A, and is incorporated herein. 6. A map and /or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. 7. Photographs of the Properry(s), taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. 8. The current assessed valuation of the property before construction is $_ ----- (use (use additional sheet for multiple addresses). (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 mtdtiple addresses): ±�e I, c. bk_ as���i° clL „iJe�_so�4!�_l,u�scrumlr��na+ f�?� +l_Ce;riel�� r4,�+a -ls slur y(T 3 8Czo14 Z- -�� +— � —his information may be obtained fronn the St. Joseph CounTreasurers office, 235 -9531) 10. What is your best estimate of the after completion market value of the property: ------------ (Rev. 5/13/11) 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: Up ...,hl V.L 4�/ rri+nll: a Aa- % -"I'Lo L nro�L -I'l scvcw, ea- l CwA 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 14. The current " ,u�"se of the property is — flAL4,6�: `o�______________ and the current zoning is rsyst,W(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 Comt ,issign (requiring approval of the tax abatement by the Redevelopment Commission): 16. The following person should be contacted as the petitioner's agent regarding additional information and public hearing notifications: Name Addre: City,S Telepi E -mail 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): -(;,eI —av_— ----- - -SADp y�OW/ e (Signature) Nn 1! Idly 2 - - -f'i l _ (Typed or printed name and capacity)' (Rev. 5/13/11) ► Filed in opress Office 3tJN 17 2015 IWAM11'i11>i AN Legal Description of the Real Estate: THAT PART OF THE SOUTHEAST QUARTER, SECTION 1, TOWNSHIP 37 NORTH, RANGE 1 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS LOT "2" AS SHOWN ON THE PLAT OF "SORIN'S FIRST ADDITION TO THE TOWN OF LOWELL, FIRST MINOR SUBDIVISION" RECORDED MARCH 20TH, 2014 IN THE OFFICE OF THE ST. JOSEPH COUNTY, INDIANA RECORDER AS INSTRUMENT NO. 1406256. CONTAINING 0.180 ACRES MORE OR LESS SUBJECT TO ALL LEGAL RIGHT -OF -WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD. 10 Filed ir:;:'..';f ff JOHN CITY CLERK, SOUTH BEND, IN MFYTHArYN5}QW Z[t WASCON WWOANO N�mW"MAO`IW SORIN'S FIRST ADDITION TO THE ' 9 C 011 WAS MHOS 1T. RS CITY OFSOLIT,ISSNq, FIRST MINOR SUBDIV lLOrOEO roRAP ►EALHAS mNO,�vAUIMTeRSSreo TTIS COMWSSLON'S WAL PART OF THE SOUTHEAST QUARTER, SECTION 1, T. 37N., R. 1 CITY OF SOUTH BEND, ST. JOSEPH COUNTY, BEING A RE— SUBDIVISION OF PART OF LOTS 20, 21, 22 AND 23 OF SORIN` AN OF THE COMMIM I .MCNA11AIO1 J I k�x ux[ I ptTa7 LL NI git'Y' ti '�W� x mrae c tlaarnO. � r I MW i�ara"' PART tOr ttt tOONTH, RANCS 2 EAST, COY OF 39U,N SkND. �' I j O I OF TATS 20-2] ar 111E RECORDED P1A'f OF 1 5y I SONrN MD; SOHO MORE FAMULARLY OMP49M B P.O.B. 109 OMASECOON OF THE EAST FdGW- OF-WAY URE r F67' I COM STREET. SNC POW DOW CN THE NOtml N 6 t'FS' E 75.50' ---- J - - - - -- - - -- wv off' am, 115" MT TO THE WEST LINE .OF _ 7UJ"W NO. 44, COWMM .ROLE 5, 1512; MUNCE I = sOM 55.15%N WW, 124.23 FEET 10 1NE �„ O p M t4' =45'34' WEST AUM SAID FAST AM -10E- -WAY ; dd v rst A.....LOT_1... .3 �.. SC,tRey ......__............ 1R (4) LAPS L 1 �.�. LOOMS OF LECORO. r` -- ----------------- -k1 THE 81JIlOMO ! F'� y9 LOT 2 a ^ StHUMSWN. i A R PO Y 1• [F S 0 wm, F typ'Qy1 VD Nr am 1ma» or THE zaSNe 3 V �' aM� I s — V ------ - -- - -- I smEX611NG LRNWPAL ^ A C -i io AS SNOWN an to n A v .Q. Y SC1r50' W 124.25 04'xtL Ha tA5 f• L P9" OF�p5 P 1T' O 5. yclR• Is ON SLFPM TO us ;K IN T" PLAT. Q r''� •, ' kFF77 r. � W I -- � ero�ic•ii �c.74*�y -- '- e�stir rc itxm{q LA 4cs 6 MuSNEO my Y ZONE ARF1 As 0 ci SyS sH19A \ \ \ LOT t 'W -11. W tI P ty0 Z�W'SO+St'p4 \ \\ \ \ \\ \ \\\ \ \ \\ ff• UUR OOStWO LOTS. AND I $ S \O \ K tB Pt.+- \\ \ \ \\ S. a � s aaQT�_ i a.y 5 T Ey rn I S, `Fyy 2 t L or"�� 3 z o ^ i3 N ' � �a e, ca N 4 i z a �1 r- 4 I I`1 � � 1 9 {pplq�fppagg 43%F 1 r4 e zli i� 2f k R t iI Ia o w — �C r I ' YTai .p� i ✓s .aa�al ^ --. :,tea :y _.---- - - - - -- ppF g` � � 1 9 i�l a °Y �ipp' Ki a I!j Y °{l5 @a j33 n c il *41 j3!11 ��rN{ 9 . �aaII `jay% STATEMENT OF BENEFITS _} REAL ESTATE IMPROVEMENTS q State Form 51767 (R2 / 1 -07) � 51 � Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): X Redevelopment or rehabilitation of real estate improvements (IC 6 -1.1- 12.1 -4) ❑ Eligible vacant building (IC 6- 1.1- 12.1 -4.8) 20_ PAY 20_ FORM SB -1 I Real Property INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFi TS. (IC 6 -1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERANBD, Whichever is applicable, must be filed with the County Auditor by the later of.' (1) May 10, or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF -i /Real Property annually to the application to show compliance with the Statement of Benefits. (IC 6 -1. 1- 12.1- 5.1(b) and IC 6- 1.1- 12.1 - 5.36)] 5. The schedules established under IC 6- 1.1- 12.1 -4(d) for rehabilitated property and under IC 6 -1.1- 12.1 - 4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before July 1, 2000. SECTION ♦- Name of taxpayer 1 Q�scY1. I. a4 (:e . S DOVt OLOcz- Address of taxp yer (number and street, city, state, and ZIP ode) Olo S%I"fi eIA -�ree..k 50L A "I To 4-lo(ol 1 Name of contact person Telephone number r.Q . S oOy1k\AOUL)e 5 3 —ln(o8- D3W E -mail address Ma(;e SECTION 2 LOCATION D DESCRIPTION OF PROPOSED - -. Name of designating body Resolution number 50A, C1, (0krici I Location of property Sao N, S. Pekf - County Sk. -Jb � DLGF taxing district number Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary), naa 5i —Cz Ly Dome. I i\¢w 54t"Ak • Nome iv be two stokes ,,,,,J4, hpe� Estimated tart date (month, day, year) �1a ra, lr o h. P 91,5 17 Estimated completion date (month. day, year) 415110 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salaries Number retained Salaries Number additional Salaries SECTION . TOTAL COST AND VALUE OF •••• . PROJECT NOTE: Pursuant to IC 6 -1.1- 12.1 -5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST 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 converted (pounds) Estimated hazardous waste converted (pounds) Other benefits Filed in -•r Office JOH CITY CLERK, SOUTH BEND, IN SECTION 6. TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Signatur of authorized representative Title Date sig ned (month, day year) A--,: r & 1 S 13 Page 1 oft Page 2 of 2 FOR USE OF THE DESIGNATING :.. We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1 -12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years' (see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ❑ Yes ❑ No 2. Residentially distressed areas ❑ Yes ❑ No 3. Occupancy of a vacant building ❑ Yes ❑ No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for years' (see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body) Telephone number Date signed (month, day, year) Attested by (signature and title of attester) Designated body If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6- 1.12 - 12.1 -4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 6\a� P�31 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 Southeast corner of Adams Rd and Dylan Dr, South Bend, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN (8) EIGHT -YEAR REAL PROPERTY TAX ABATEMENT FOR GLC Portage Prairie, LLC 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 southeast corner of Adams Rd and Dylan Dr, South Bend, IN 46628 and which is more particularly described as: Nw 1/4 Sec 17 -38 -2E Ex Irr Tract Nw Cor & Ex 1.717 Ac to State & Ex 7 Ac +- for N/S Rd & Ex 10.5 Ac +- Parcel 800' N of S Line & E of N/S Rd 06/07 Split to 014601 & 014602 16442CWD 1 -19 -06 Annxd 06 -07 per Ord #9587 -05 Split off 10.073 ac 07 -08 for Ptg Prairie Minor pt of Lot 1& 09/10 7.413ac to Ptg Prairie Minor #2 & 10/11 8.15 ac to Ptg Prairie Minor #3 and which has Key Number 025- 1009 -0146 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 sue., 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 seMc., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3. SECTION 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 eight (8) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Y MENTEU PDT APPROYEL, T60 Member of the Common Council z r� • �.. a -. 1. .,,�.:,�. ^ +. : -.i t Filed in Clf�*'s Office yuL JOHN WOORD cm CLERK, SOUTH LEND, IN 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 July 8, 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 Tax Abatement Petition for: GLC Portage Prairie, LLC Dear Council Member Ferlic: PHONE: 574235 -9371 FAx:574235 -9021 Please find the attached information pertaining to a real property tax abatement petition for GLC Portage Prairie, 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. The total cost for the construction is estimated at $7,250,000. The project meets the qualifications for an (8) eight year real property tax abatement. A representative from GLC Portage Prairie, LLC will be available to meet with the Committee on Monday, July 13, 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. S1 ere y, 1/f Brock Zeeb Director Economic Resources PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITN KAIN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BROCK ZEEB SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: GLC Portage Prairie, LLC DATE: July 8, 2015 On Tuesday, July 7, 2015, a petition from GLC Portage Prairie, LLC was received and subsequently filed with the City Clerk for real property tax abatement consideration for property to be located at the southeast corner of Adams Rd. and Dylan Dr, South Bend, IN 46628. 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 new approximately 200,000 sq. ft. spec commercial/bulk distribution facility (and related paving/parking and other improvements), for initial lease to the South Bend Redevelopment Commission, in order to facilitate and support efforts of the City of South Bend to (a) have move -in ready options for prospective third -party businesses searching for commercial/distribution space in the City, and (b) enhance the City's ability to attract and retain businesses and spur future economic growth. ➢ $7,250,000 investment in new building construction ➢ Total project taxes during eight year abatement period — $1,882,530 ➢ Estimated taxes being abated during eight year abatement period — $724,601 ➢ Total taxes to be paid during six year abatement period — $1,157,930 EMPLOYMENTIMPACT Per the petition, it is estimated that the total project will: ➢ Create (20) twenty, full -time and zero (0) permanent, part-time jobs within the first three years, representing a new annual payroll of $748,800. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITjN KAIN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has been granted or associated with previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project/ or a variance will be sought by the petitioner. 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 an (8) eight -year real property tax abatement under section 2 -84.2, Real Property Tax Abatement. em- OO�O N 11 �2 ONN iiTIII OwmN 000 N m m f0 N w W N yy�� SSro SS 8N p1 {� 11p� 1(p� 8tryf0 O G� b NON b � e m TIE 8,Q OgSOS b �Nyn' DO w�Nt�w� N NmON NNN N yIO OSS N 000 Orr �OSNN �T 0 0 ON1NN Www E moSg °o H o5 wmn j�doi �i a Ei E mNO 1OmN y e wOOOO wOm z by q9 WO wwnyn�(�O'ym�� A �IS S O O tNtpp O O O O Op Z~ m w N O eVNN CJ g m Sg g g N A 0 � d YO8N1m. �T W Orl SAO ItVN� tV J .Bd mew tF3t O m a �"�I O o a how mo '� mmmwmNON O °mW mm F wmmwNmmn a m y O O N N N m w O N w N m n O m ILC 0 O j Opy lh b N N N N S ° ryriromNVavi F.O NWNONI N N N � N Nm'wNe" n W N C1� o00 obW $�o mWmmmmmm o QO. $y �$o °o ylo�oa E E Ow aZ mmnmmmmm vwi O O x N �) 00 O O N�-b � muiNN NI!)NN N on oaoo `* m w E m m 'E lv to m n bW � � III � N V O y V 000000 m <Wm Obm S N w dd pOVYyYY< lmV . O S In b m Z Q �_pp oOo p yNy��wN Vl N 11 mWmmWWmaO V Yom. mNl� N N w�-N W�N a NNNNNNNN m b� ' Q � W 222ybYYYY � � t E o 0 d4 o m oWW cm bbmmWWWm m� �fp p W Won wen � nnrnrnnn y� �o �% O O Own (G .-n RF rrrrrririri E �S� C m ?� $a n s 2 a eE o 8i z aio �m �E o- 0 w o u ° � o � c YYoh m ma m° E- � yq� N �C L• m U m E .2 m o y r m m aE$ LL' m adz E mc�ov E 3�v 4•e 1 � �OI �) eM t f A ,�' c�04T1 /a� OQ. ]� Information LeGeneral galt e s e r r • GLC PORTAGE PRAIRIE, LLC BzY "" -°ctu ee - �, - `1s Indiana limited liability company pa wn to H;. y Please see website of affiliate at www. reatlakesca ital.com Project D a - TBD: SE Corner of Adams and Dylan Dr: a p o a Y- a ,' N/A Crtj� 7 South Bend, Indiana 46628 al Waggoner's Dairy Farm, Inc. 25.3 Acres Owned -. :•y Primary Contact Information ': s Approximately 200,000 _ N/A P a an 'R C. Rens _ Y Managing Member Addresvoirc Jan ? 112 West JeffersoLBId te 200 P ° (574) 251 -4400 CI`t South Bend, Indiana 46601 ' rmns @greatlakescapifal.com Senior Official C, Jeff Smoke Director of Development ' A'aaje 112 West Jefferson Blvd., Suite 200 ° (574) 855 -5700 Consultant South Bend, Indiana 46601 E al smoke j @grea0akescapifal.com Information/Agent Hl�ed(�iri "s w s a e F a a Richartl Oeahl, Barnes 8 Thornbur LLP '�Oesu e Ad re 0 lem` d" el°ine K 100 N. Michigan Street. Suite 700 P parts , . m ti C1ty�`5at$ IP �vt..,. royal .. �. E d;`>.':' a" .. South Bend, Indiana 46601 r�. r rdeahl @btlaw.coIn Project Overview i do f yQU tp)np? r a d' Great Lakes Capital ('GLC "), the sponsor /afflate of GLC Portage Prairie, LLC, is mat estate development fine with a experience in pc°pe -sne e public - private development initiatives. The proposed project involves an investment of between $6.5 and $6.0 million in the property, acquisition, development and construction of a new approximately 200,000 square foot spec commerciallbulk distribution facility (and related /parking and improvements), paving other for initial lease to the South Bend Redevelopment Commission, in order to facilitate and support the efforts of the City of South Bend to (a) have move -in ready options for prospective third -parry businesses searching for commerciaUdisMbution space in the City, and (b) ssx r enhance the City's ability to attract and retain businesses. Filed In Olerk'S Office 7 2016 joHN VOORDE CITY CLERK, SOUTH BEND, IN In a uR i .E e � N/A fe" aF 'S No permit issued N/A ilffliYvl s'�e�}h r.,•oG e� a4 pe j7✓✓ AllanoR2t fiat;. nents 2015 2016 2017 2018 2019 2020 2021 2022 In nor at o 1s;pe o eo a 1es< c iI F'oid er Ps�ip a s o « Y'rgect c m tis � �,�+ Asa SLR �x w ,�, a ,. ryAVab1e Points �+,.•,t�� .,n , Yes 20 20 :y. = a •3; P - L s a : a oca `CO ga es J�5 %T+:d Yes 20 20 Yes 19 19 sa� No 22 s Yes 22 22 x } �. •. a ,Be a i 5wx'Fa'. No 18 ME u" P1ar��Y "x"; _ Yes 20 20 a�q� 5 " ota.S�ls ry jo` h eat dseay^#jFS'[ -}a 701 141 _ ",,p,� e. Beii'etit Related. OWner •a +`r amxix s ,`�- Yes 33 33 -t� - .ap,F�y Pr,a t_ =Beene Rsy ,, �," �, Yes 34 34 > *f �, „°�" -.'�.2 ro itle gs•Ao3: eneSS.# _.,,..,i._,.�..F .. �:.x,.: Yes 29 29 �de�rai I Ef Yes 28 v�v�a..m.: ,moo „_�..�� _ No 28 IS •: "um r 0 Im , p.9Statim sl5[iCijac?;t�$s3..' �: '~`: No z -rim rt� .ii- .s �wtle�.m •Co�'e,. aAS�yoUSipg'tF_. No 14 g Kll 124 162 ...'� .� - �kfaice Related•_ "� 2.. zi,E,,q.•y,.,.,. � s 42 � 41 35 +y,s 5` x ,� tlggteat iefere c 34 77 152 a orE Munie a .aril : . r SrT""oB� tai c palms ityilR'a o o te'°ry• r .u?3i. zoq.c4o s wrygQluseum eul e� ._ Yes 84 84 L.L - e•" ail' 84 84 r + •�, - - - u�b i ate rorS"Aave,,, 386 Syq Z 71 a a F m W yi ®FCC'u� tif6 656i�i� � ai w C�.rs & Et uTH BEND. IN M, M � 1 C a � m a m ai ci Di m 9i ai al m al of c —1. g m m q c 111 t �LL vm T} } m }m m W. A rn m A U m K o v v K m m K a v of II O I ®■ r; U d 0 N T C m � a d u c m c a` m m a c, o i E 0 1) How do I pay my petition filing fee? Yourpetition filing fee can be paid either in person or via mail to: Or online via paypal at: City Clerk's Office http: / /southbendin.gov /government/ Attn: Deputy City Clerk content /tax - abatement 227 West Jefferson Blvd. • Suite 400 S South Bend, Indiana 46601 2) Certified Technology Park appropriate? (Page one, under project overview) In the South Bend area there are only two Certified Technology Parks, Innovation Park and Ignition Park. If yourproperty is not located in either then the answer would be no. 3) Community Revitalization Enhancement District? (Page one, under project overview) The map below outlines the CBED area, please check to see if you fall within the boundaries, 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that comefrom the Small Business Administration. Thisfundingmustbeappliedfortobe received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the length of the project. If you have any additional questions that are not addressed by this document, please contact Sarah Heintzelman in the Department of Community Investment at 574.235.5842 or email at sheintzetmsouthbendin.gov m District Bounda44ry ) A_ s 0 n ta. C. �CR_EeD 9 .' 2 FOM giver" w Au J !i Polantl .P Dunham & 6 -- Z . Fisher 3 Tuft Tull m Sa.M. Ken - Ohio 3 Garsl LL a S fBnNOn J aroetlway.. m Eawam _ A Haney Legend - N QCREaD C-u- E. mare 6 S IntlWna 83 r E /l Osoam eeaa Parcels g N 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that comefrom the Small Business Administration. Thisfundingmustbeappliedfortobe received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the length of the project. If you have any additional questions that are not addressed by this document, please contact Sarah Heintzelman in the Department of Community Investment at 574.235.5842 or email at sheintzetmsouthbendin.gov A_ 0 n ta. C. 9 .' 6 Z 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that comefrom the Small Business Administration. Thisfundingmustbeappliedfortobe received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the length of the project. If you have any additional questions that are not addressed by this document, please contact Sarah Heintzelman in the Department of Community Investment at 574.235.5842 or email at sheintzetmsouthbendin.gov STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Form 51767 (R6110 -14) Prescribed by the Department of Local Govemment 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) 2016 PAY 2o_1 7 FORM SB -1 I Real Property PRIVACY NOTICE Any Information concerning the cost of the propertyy and specific salaries paid to individual employees by the Property owner is confidential per INSTRUCTIONS: 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 afterApdi 10. A property owner who failed to file a deduction application within the prescribed deadline may file an application between March 1 and May 10 of a subsequent year 4. A property owner who files for the deduction must provide the County Auditor and designating body with a Form CF -1 1Real Property. The Form CF -1 /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 1Real 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 GLC PORTAGE PRAIRIE, LLC Address of taxpayer (nurnberand street, city, state, and Zie code) 112 West Jefferson Blvd., Suite 200; South Bend, Indiana 46601 Name of contact person Telephone number E -mall address Ryan C. Rains 1( 574 ) 251 -4400 rrans @greatlakescapital.com SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body esolution number Common Council of the City of South Bend Location of property County lazing district number SE Corner (Adams Road & Dylan Drive) St. Joseph [DLGF 1 -009 Description of real property Improvements, redevelopment, or rehabilitation (use additional sheets it necessary) stimated stad date (month, day, year) Construction of approximately 200,000 square foot (expandable to 400,000 square feet) spec commerciallbulk ept, 2015 distribution facility in South Bend, Indana Estimated completion data (month, day. year) Dec., 2016 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT numoer Less values of Of Estimated solid waste converted (pounds) I hereby 1 1X Estimated COST trier additional Salaries 15-20 01 • M5 BEND, IN in this statement are true. 2,105 Printed name or aulbWepresentative Title Ryan C. Rans I Manaqinq Member Page 1 of 2 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND RECOMMENDING A PROPOSED MASTER LEASE BETWEEN GLC PORTAGE PRAIRIE, LLC, AS LESSOR, AND THE SOUTH BEND REDEVELOPMENT COMMISSION, AS LESSEE WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the South Bend Department of Redevelopment, exists and operates under the provisions of Indiana Code 36 -7 -14, as amended from time to time (the "Act "); and WHEREAS, pursuant to the Act, the Commission has previously designated and declared an area in the City of South Bend, Indiana (the "City "), known as the River West Development Area, to be an economic development area and an allocation area (the "Area ") for the purpose of collecting tax increment finance revenues, adopted an economic development plan for the Area, and established an allocation fund for the Area; and WHEREAS, the Commission has received a proposal to enter into a master lease agreement (the "Master Lease" attached hereto as Exhibit A ) with GLC Portage Prairie, LLC (the "Developer ") by which the Commission would contribute to the construction and marketing of a speculative commercialibulk distribution facility of approximately two hundred thousand (200,000) leasable square feet of space in the development known as Ameriplex at Interstate 80/90 (the "Project "), which Project is to be located in the Area and is intended to enhance the City's ability to attract and retain businesses by providing move -in ready options for prospective business tenants for commercial and /or distribution uses; and WHEREAS, the Commission seeks the Common Council's approval and recommendation of the Master Lease pursuant to Section 2.5 of the Act; and WHEREAS, the Common Council desires to approve the Master Lease, pursuant to Section 2.5 of the Act. THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby approves the Master Lease, pursuant to Section 2.5 of the Act, in substantially the form provided at this meeting and attached hereto as Exhibit A subject to the following express limitations: (a) the term of the Master Lease may not exceed sixty (60) months; and (b) the total consideration paid by the Commission under the Master Lease may not exceed One Million Six Hundred Seventy -Four Thousand Dollars ($1,674,000). SECTION II. This Resolution shall be in full force and effect from and after the time it has been adopted by the Common Council, approved by the Mayor, and otherwise 1 executed and delivered in accordance with any and all laws pertaining thereto. 4000.0000016 63839364.001 PRESENTED )ROT APPRO\M k POPTus COMMON COUNCIL OF THE zz:n;Q Member of the Common Council soft d ft bl is 0g�`1 �j' tD an OPMU* kV p,' E "V t and Council awn WE' A Filed 3raE Office VIM JoHn liocs it?p Cily CLERK, SOW H SEND, IN EXHIBIT A Form of Master Lease 1F MASTER LEASE This MASTER LEASE (this "Master Lease ") is entered into and made as of 2015 (the "Effective Date ") by and between GLC Portage Prairie, LLC, an Indiana limited liability company ( "Landlord"), and South Bend Redevelopment Commission, governing body of the South Bend Department of Redevelopment ( "Tenant"). Background A. The parties acknowledge that on or before the Effective Date, the parties entered into a certain Development Agreement ("Development Agreement ") pursuant to which the parties identified the property depicted on Exhibit A to the Development Agreement (the "Real Estate") as the site for the Landlord's construction and location of an approximate two hundred thousand (200,000) square foot spec commercial/bulk distribution facility (the "Building ") and related paving/parking and other improvements, all as more particularly described on Exhibit B to the Development Agreement (the "Site Plans ") for lease to Tenant, in order to further support the Tenant's efforts to (a) have move -in ready options for prospective third -party businesses searching for commercial/distribution space in the City of South Bend, Indiana C LW ), and (b) enhance the City's ability to attract and retain businesses. B. In accordance with and subject to the terms of this Master Lease, Landlord agrees to (a) use all good faith and commercially reasonable efforts to enter into an agreement with the owner of the Real Estate to purchase the real estate (the "Purchase Agreement") and to acquire the Real Estate, and (ii) lease to Tenant the Building and rights to use all related improvements (parking/driveways, etc.) to be constructed on the Real Estate (collectively, the "Property) for use by Tenant and/or for marketing and lease to third party Tenants (subject to the rights and provisions hereof). C. The parties acknowledge that Landlord's obligations under this Master Lease are subject to Landlord's purchase of the Real Estate pursuant to the Purchase Agreement, and Landlord shall have no obligation or liability hereunder in the event Landlord is unable to enter into a Purchase Agreement or otherwise elects not to purchase such Real Estate as a result of (i) a breach of the Purchase Agreement by the seller of such Property, or (ii) the non - satisfaction of any conditions to closing in the Purchase Agreement or concerns of Landlord or Tenant regarding the suitability of the Real Estate for development hereunder revealed in any due diligence investigation of such Real Estate. D. Pursuant to the terms of the Development Agreement, Landlord has agreed to construct the Building according to the Site Plans and lease the Property to Tenant, and Tenant has agreed to master lease the Property from Landlord all according to the terms of this Master Lease. NOW, THEREFORE, in consideration of the conditions described in the preceding recitals and of the mutual promises herein set forth, Landlord and Tenant do hereby make this Master Lease on the following terms and conditions: MASTER LEASE PAGEt 1. Background Provisions. The background provisions above are incorporated into the body of this Master Lease as if fully set forth herein and made a part hereof. 2. Grant of Master Lease. (a) Lease of Building. Subject to the terms and conditions set forth herein, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the entire Building to be constructed on the Real Estate (consisting of approximately 200,000 square feet) together with the non - exclusive right to utilize all parking, driveway and other site improvements located on the Real Estate (the "Premises "). (b) Construction and Delivery of Premises. Landlord shall cause the Building and all site improvements to be completed in accordance with the terms and conditions of the Site Plans and Development Agreement. Landlord agrees to use all good faith and commercially reasonable efforts to (i) deliver the Premises to Tenant in a form of Substantial Completion (as defined below) as soon as practicable, with a targeted date of delivery ("Delivery Date ") being within twelve (12) months after acquisition of the Real Estate, (ii) cooperate and work in good faith with Tenant to coordinate for applications and receipt of applicable building permits and schedules to advance the Delivery Date, and (iii) provide Tenant with routine updates on its construction and other schedule in anticipation of the Delivery Date. The Premises will be considered in a form of "Substantial Completion" at such time as (x) Landlord and/or its certified architect or engineer, shall certify in writing to Tenant that the Building has been completed in substantial accordance with the Site Plans (regardless of whether slab floors are installed and/or whether certain features unique to future tenants (eg., location of dock doors, office build -outs, etc.) are complete)), and (y) a certificate of occupancy (whether temporary or permanent) is issued for the Premises by the St. Joseph County Building Department (or could be issued upon installation of floor slabs) (the "Certificate of Occupancy "). (c) Common Areas. Landlord hereby grants to Tenant and its employees, visitors, vendors and invitees, a non - exclusive right and privilege to use all parking areas, driveways, means of ingress and egress and other areas on the Real Estate as may be designated by Landlord as common areas not within the Building (collectively, "Common Areas ") for pedestrian and vehicular access and /or parking and /or related purposes. Landlord does, however, reserve the right to change and /or alter the layout of the Common Areas, methods of ingress and egress, direction of traffic, signage, curbing, landscaping and parking, so long as the same do not materially and adversely affect the use of the Building. In addition, Tenant agrees that the Landlord may promulgate reasonable, non - discretionary rules and regulations for the use of the Common Areas including designating certain outdoor sidewalk or seating areas, parking areas, driveways, and locations for any signage for the exclusive use of Tenant and/or other future tenants in the Building. 3. Tenn. The term of this Master Lease (the "Term ") shall commence on the first business day following receipt by the Landlord of the Certificate of Occupancy (the "Commencement Date ") and shall continue until the earlier of (a) the date that is sixty (60) MASTER LEASE months after the Commencement Date or (b) the date upon which the Landlord has entered into Replacement Leases (as defined in Section 4(c)) for at least ninety percent (90 %) of the leasable square footage of the Building where rent has commenced (as referred to in Section 4(c)), regardless of whether such square footage is actually occupied by any tenant on such date (with the earlier date being the "Termination Date "). Within five (5) days of the Commencement Date, the parties will execute a commencement certificate in the form attached hereto as Exhibit A to certify (x) the Commencement Date, (y) that the Lease is in full force and effect, and (z) the number of leasable square feet in the Building. 4. Rent. (a) Amount of Rent. Commencing on the Commencement Date and continuing until the Termination Date, Tenant shall pay to Landlord a monthly amount as rent to be computed based on per square foot rent indicated below and the size of the Building as actually constructed ("Rent") for the Premises, payable in advance on the first day of each month. (b) Proration of Partial Year or Month. The Rent for the first partial calendar year and month, respectively, of the Term and upon the expiration or termination of this Master Lease, the Rent for the last partial calendar year and month, respectively, of the Term shall be prorated on a per diem basis. (c) Abatement of Rent. The parties acknowledge and agree that Landlord and Tenant desire to find third -party tenants for entirety of the Premises. As such, Tenant's obligation to pay monthly Rent shall be abated based on the portion of the Building that is, or at any time was, subject to a Replacement Lease. A "Replacement Lease" shall be any lease entered into by Landlord after the Effective Date of this Master Lease with a third party under which the third party occupies (of has occupied) any portion of the Premises during the Term beyond any applicable tenant build- out/free rent period (which period may not continue for more than 1 month after commencement of business in the space) under such lease (provided in no case may Landlord ever receive rent hereunder and under a replacement lease for the same space and time period). Landlord shall deliver copies of all Replacement Leases to Tenant within ten (10) days of the execution thereof together with a notice regarding the termination of Tenant's rights to a portion of the Building, which termination will be effective when the third party first occupies the Premises. The rent abatement amount shall be calculated by multiplying the net square footage subject to all Replacement Leases by the per square foot rent for each respective time period of the Term as set forth in the table in Section 4(a) above, and such rent abatement MASTER LEASE PAGE 3 RENT MO. RENT TIME PERIOD PSF BASED ON 200,000 SF Months 1 - 12 $2.79 $46,500.00 Months 13 - 24 $2.23 $37,200.00 Months 25 - 36 $1.67 $27,900.00 Months 37 - 48 $1.12 $18,600.00 Months 49 - 60 $0.56 $9,300.00 (b) Proration of Partial Year or Month. The Rent for the first partial calendar year and month, respectively, of the Term and upon the expiration or termination of this Master Lease, the Rent for the last partial calendar year and month, respectively, of the Term shall be prorated on a per diem basis. (c) Abatement of Rent. The parties acknowledge and agree that Landlord and Tenant desire to find third -party tenants for entirety of the Premises. As such, Tenant's obligation to pay monthly Rent shall be abated based on the portion of the Building that is, or at any time was, subject to a Replacement Lease. A "Replacement Lease" shall be any lease entered into by Landlord after the Effective Date of this Master Lease with a third party under which the third party occupies (of has occupied) any portion of the Premises during the Term beyond any applicable tenant build- out/free rent period (which period may not continue for more than 1 month after commencement of business in the space) under such lease (provided in no case may Landlord ever receive rent hereunder and under a replacement lease for the same space and time period). Landlord shall deliver copies of all Replacement Leases to Tenant within ten (10) days of the execution thereof together with a notice regarding the termination of Tenant's rights to a portion of the Building, which termination will be effective when the third party first occupies the Premises. The rent abatement amount shall be calculated by multiplying the net square footage subject to all Replacement Leases by the per square foot rent for each respective time period of the Term as set forth in the table in Section 4(a) above, and such rent abatement MASTER LEASE PAGE 3 amount shall not be dependent upon the Landlord actually receiving rent from any third -party tenant under the Replacement Leases. Once the Rent has been abated for a portion of the Premises, Rent for that particular portion of the Premises shall remain abated throughout the remainder of the Term. Notwithstanding the foregoing, Tenant's obligation to pay Rent hereunder shall be completely abated once the Landlord has entered into Replacement Leases for at least ninety percent (90 %) of the Premises. (d) Maximum Amount of Rent. Nothing withstanding anything to the contrary contained in this Lease, Tenant shall not be required to remit more than One Million, Six Hundred Seventy Four Thousand and 00 /100 Dollars ($1,674,000.00) to Landlord as Rent under this Master Lease. 5. Operating Expenses. Tenant shall not be responsible for the payment of any operating expenses or any other costs, fees or expenses under this Master Lease, unless Tenant, and/or any of its affiliates or sub - tenants, chooses to operate within the Premises. In event of an occupancy by Tenant, Tenant and Landlord agree to amend this Master Lease so that Tenant shall be responsible for payment of all Operating Expenses, Real Estate Taxes, Insurance Premiums, Utilities for its proportional share of the Building square footage being occupied or used by the Tenant or its affiliates. 6. Services to be Provided by Landlord. Landlord shall provide the following services to the Premises during the Term: (a) Water from city mains, drawn through fixtures installed by Landlord for drinking, lavatory, and toilet purposes, including a reasonable amount of hot water. (b) Electrical wiring system in the Premises for standard electrical receptacles and lighting fixtures. (c) Snow removal service for the outside parking facilities, related driveways, and sidewalks at all times. (d) Landscaping service for the grounds. (e) Appropriate security services. (f) Cleaning and trash removal services. (g) All maintenance services on the Building and surrounding grounds. (h) And any all services and activities relating to the operating and care of the Building at all times. 7. Landlord's Title. Landlord's title is and always shall be paramount to the title of the Tenant, and nothing contained in this Master Lease authorizes the Tenant to do any act which may encumber the title of the Landlord. This Master Lease is subject and subordinate to all ground and underlying leases, and to all mortgages which may now or hereafter affect such ground and underlying leases, or the Property and to all renewals, modifications, consolidations, MASTER LEASE PAGE 4 replacements, and extensions thereof, and to all advances made or hereafter to be made on the security of any such mortgage. Notwithstanding the foregoing, the mortgagee under any such mortgage may recognize this Master Lease and, in the event of a foreclosure sale under such mortgage or conveyance by deed in lieu of foreclosure, this Master Lease shall continue in full force and effect at the option of the mortgagee or purchaser under any such foreclosure sale or deed in lieu thereof. 8. Assignment and Subletting. Neither Tenant nor Landlord may assign or transfer all or any part of its right and interest under this Master Lease without the prior written consent of the other party. However, the Tenant shall have the right to assign or transfer all or any part of its right and interest under this Master Lease, and may sublet or permit the use and occupancy of all or any part of the Premises (subject, however, to rights of Landlord hereunder) without the written consent of the Landlord to any legal affiliate or department of the City of South Bend. In the event of any subletting of the space to any legal affiliate or department of the City of South Bend, the Tenant shall pay market rent plus all operating expenses and utilities incurred as a part of its occupancy of the Premises as referenced in Section 5 above. 9. Untenantability. If the Premises or the Building are made untenantable by fire or other cause, the Landlord may elect (a) to terminate this Master Lease as of the date of such casualty by notice to the Tenant within thirty days after that date, or (b) to repair all damage to the Premises or the Building so that the same shall be restored to such condition as existed immediately prior to such damage. If the Landlord elects to terminate this Master Lease, the Rent shall be abated on a per -diem basis and be paid to the date of the fire or casualty. If the Landlord elects to restore the Premises and Building, such restoration shall be completed with reasonable promptness and Rent shall abate during such period of repair. Notwithstanding anything contained in this Section 9 to the contrary, if the Premises are not or cannot be made tenantable within 90 days after the date of the casualty for any reason whatsoever, the Tenant may terminate this Master Lease. 10. Alterations. Tenant shall not make any alterations or additions to the Premises which affect the exterior of the Premises or its structural components, the roof or any major building system without the prior written consent of the Landlord. 11. Repairs. Tenant shall have no obligation to perform repair or maintenance on the Property. 12. Environmental Condition. Landlord warrants to the Tenant that no environmental contamination currently exists on the site due to the handling or disposal of hazardous substances. The Landlord will provide a Phase I Environmental Site Assessment for review by the Tenant prior to breaking ground on construction of the Premises. 13. Rights Reserved to Landlord. Landlord reserves all rights incident to its ownership of the Building, including, but not limited to, the right (a) to change the name or street address of the Building without notice or liability; (b) to install and maintain signs on the exterior of the Building; (c) to designate all sources furnishing sign painting and lettering used on the Premises; (d) to decorate, remodel, repair, alter, or otherwise prepare the Premises for re- occupancy; (e) to have pass keys to the Premises; (f) to exhibit the Premises; (g) to take any and MASTER LEASE PAGE 5 all measures, including inspections, repairs, alterations, additions, and improvements to the Premises or to the Building as may be necessary or desirable for the safety, protection, or preservation of the Premises or the Building or the Landlord's interest therein, or as may be necessary or desirable in the operation of the Building. The Landlord may enter upon the Premises and may exercise any or all of the foregoing rights hereby reserved without being deemed liable for an eviction or disturbance of the Tenant's use or possession and without being liable in any manner to the Tenant. 14. Insurance. At all times during the Term, Landlord shall maintain the insurance coverage detailed on Exhibit E attached to the Development Agreement. Tenant is not required to maintain any insurance coverage on the Property. 15. Tenant's Estoppel Certificate. Tenant agrees that at any time and from time to time, upon not less than ten (10) business days' prior written request by the Landlord, the Tenant shall execute, acknowledge and deliver to the Landlord a statement in writing certifying that this Master Lease is unmodified and in full force and effect (or, if there have been modifications, stating the modifications, and that this Master Lease, as so modified, is in full force and effect), the commencement and termination dates of this Master Lease, the date to which the rental and other charges have been paid in advance, that the Tenant has no claims against the Landlord or offsets against rent, and shall contain such other certifications which are reasonably requested from Landlord by its prospective purchaser or prospective lender and approved in advance by Tenant. It is intended that such certificate may be relied upon by the mortgagee or assignee -of any mortgage on the Landlord's interest in the Premises. 16. Liens. Tenant may not do any act which in any way encumbers the interest or title of the Landlord in the Premises or the Property, nor may the interest or title of Landlord in the Premises or the Real Estate be in any way subject to any claim by way of lien or encumbrance, whether by operation of law or by virtue of any express or implied contract by the Tenant. Tenant may not permit the Premises or the Property to become subject to any mechanics', laborers' or material men's liens on account of labor or material furnished, or claimed to have been furnished, to the Tenant for or on the Premises or the Real Estate. At its election, the Landlord may (but is not required to) after providing thirty (30) days advance notice to the Tenant remove or discharge such lien, or claim for lien , and any amounts advanced by the Landlord for such purposes shall be additional rent immediately due from the Tenant to the Landlord. 17. Subordination. Upon request of Landlord, Tenant will, in writing, subordinate its rights hereunder to the lien of any mortgage, ground lease or underlying lease now or hereafter in force against the Premises, to all advances made or hereafter to be made upon the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. In the event any proceedings are brought to foreclose, under any mortgage made by the Landlord covering the Premises, Tenant shall attorn to the Purchaser at such foreclosure, or to the grantee of a deed in lieu of foreclosure, and recognize such purchaser or grantee as the Landlord under this Master Lease. The provisions of this section to the contrary notwithstanding, and so long as Tenant is not in default hereunder, this Master Lease shall remain in full force and effect for the full Term hereunder. Within fifteen (15) business days after receiving a written request from Landlord, Tenant shall execute and return to Landlord a Subordination, Non - Disturbance and MASTER LEASE PAGE 6 Attornment Agreement (the "SNDA') or any other agreement which confirms the provisions contained in this section, the contents of which shall be subject to Tenant's approval. 18. Default and Remedies. (a) Default by Tenant. Tenant's failure to pay the whole or any portion of any monthly installment of Rent or any other payments to be made by Tenant to Landlord at the time when the same become due hereunder for more than ten (10) business days after Tenant receives notice of such failure from Landlord shall constitute an event of default ( "Default') by Tenant under this Master Lease. (b) Remedies of Landlord. At any time following a Default under this Master Lease, Landlord shall have the following rights and remedies: Landlord may sue Tenant for the specific performance of any of the obligations undertaken by it in this Master Lease or for any injunctive or other equitable relief, for the recovery of possession of the Premises, or for any loss or damage sustained by Landlord as a result of Tenant's Default provided however, that in no event shall Tenant be responsible for the payment of Rent not yet due under the terms of this Master Lease. Landlord's failure to exercise or enforce any right or remedy provided for in this Master Lease shall not limit Lender's right to exercise and enforce any such right or remedy. 19. Right of Termination. The Landlord shall have a perpetual right to terminate Tenant's leasehold on all or any portion of the Premises at any time during the Term by providing thirty (30) days written notice to Tenant. 20. Miscellaneous. (a) Severability. If any tern or provision of this Master Lease, or the application of any term or provision of this Master Lease to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Master Lease, or the application of this Master Lease to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the parties. (b) Other Necessary Acts. Each party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to accomplish the lease contemplated by this Master Lease and to provide and secure to the other parties the full and complete enjoyment of its rights and privileges hereunder. Notwithstanding the foregoing, the parties understand and agree that certain actions contemplated by this Master Lease may be required to be undertaken by persons, agencies or entities that are not a party to this Master Lease, including, but not limited to certain permits, consents and/or approvals (to the extent they have not yet been obtained and completed), and that any action by such third parties shall require independent approval by the respective person, agency, entity or governing body thereof. (c) Waiver of Jury Trial. The parties acknowledge that disputes arising under this Master Lease are likely to be complex and they desire to streamline and minimize the cost of resolving such disputes. In any legal proceeding, each party irrevocably waives the right to trial by jury in any action, counterclaim, dispute or proceeding based upon, or related to the subject matter of this Master Lease. This waiver applies to all claims against all parties to such actions and proceedings. This waiver is knowingly, intentionally and voluntarily made by both parties. MASTER LEASE PAGE (d) Attorneys' Fees. In the event of any litigation, mediation or arbitration between the parties regarding an alleged breach of this Master Lease, none of the parties shall be entitled to any award of attorney's fees. (e) Titles of Articles and Sections. Any titles of the several parts, sections, and paragraphs of this Master Lease are inserted for convenience or reference only and shall be disregarded in construing or interpreting any of its provisions. (f) Counterparts. This Master Lease may be executed in counterparts, all of which shall be deemed originals. (g) Notices and Demands. A notice, demand, or other communication under this Master Lease by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (i) in the case of the Landlord, to: GLC Portage Prairie, LLC 112 West Jefferson Blvd., Suite 200 South Bend, Indiana 46601 Attention: Ryan C. Rans With a copy to: Barnes & Thornburg, LLP 700 First Source Bank Center 100 North Michigan Street South Bend, IN 46601 Attn: Richard J. Deahl (ii) in the case of the Tenant is addressed to: The South Bend Redevelopment Commission 227 W. Jefferson Blvd., Suite 1400S South Bend, IN 46601 Attn: Chris Fielding With a copy to: Office of the Corporation Counsel 227 W. Jefferson Blvd, Suite 12005 South Bend, IN 46601 Attn: Cristal Brisco, Esq. or at such other address with respect to such party as that party may from time to time designate in writing and forward to the other as provided in this Section. (h) Governing Law. This Master Lease shall be interpreted and enforced according to the laws of the State of Indiana. MASTER LEASE PAGE 8 (i) Authority The undersigned persons executing and delivering this Master Lease on behalf of each of the parties represent and certify that they are the duly authorized officers of such party and have been fully empowered to execute and deliver this Master Lease on behalf of such party and that all necessary action to execute and deliver this Master Lease has been taken by such party. 0) No Third -Party Beneficiaries. Nothing in this Master Lease, express or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the parties hereto and their respective successors or assigns, any remedy or claim under or by reason of this Master Lease or any term, covenant, or condition hereof, as third -party beneficiaries or otherwise, and all of the terms, covenants, and conditions hereof shall be for the sole and exclusive benefit of the parties herein. (k) Further Assurances. The parties agree that they will each undertake in good faith as permitted by law any action and execute and deliver any document reasonably required to carry out the intents and purposes of this Master Lease. (1) Facsimile Signatures. This Master Lease may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Any telecopied version of a manually executed original shall be deemed a manually executed original. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] MASTERLEASE PAGE 9 IN WITNESS WHEREOF, the parties have executed and delivered this Master Lease effective as of the date first written above, regardless of the actual date of execution or delivery by either party. ATTEST: Prtnied Name and Dde CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT &gnature Printed Name and Title GLC PORTAGE PRAIRIE, LLC By: Great Lakes Capital Management, LLC Its: 0 MASTER LEASE PAGE 10 EXHIBIT A COMMENCEMENT CERTIFICATE THIS CMBENCEMENT CERTIFICATE (this "Certificate ") is made this _ day of , 201_, by and between GLC Portage Prairie, LLC, an Indiana limited liability company ("Landlord "), and South Bend Redevelopment Commission, governing body of the South Bend Department of Redevelopment C'Tenant I). Landlord and Tenant are parties to that certain Master Lease dated July , 2015, related to the development, construction and lease of a spec commercial/bulk distribution facility and related paving /parking and other improvements (the "Master Lease "). Pursuant to Section 3 of the Master Lease, Landlord and Tenant agree: 1. The Commencement Date of the Master Lease is -,201—. 2. The Lease is in full force and effect and has not been assigned or amended, except as follows (if any): 3. The leasable square feet of the Building is square feet. IN WITNESS WHEREOF, the parties hereto have duly executed this Commencement Certificate effective on the date first above written. Tenant CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Signature PnntedName and title ATTEST: Printed Name and Mle Landlord GLC PORTAGE PRAIRIE, LLC By: Great Lakes Capital Management, LLC Its: Manager in EXHIBIT A Ryan C. Rans 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTiGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE July 8, 2015 Mr. Tim Scott President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 PHONE: 574/235 -9371 FAx:574/235 -9021 Filed in ClerWa C ffice-1 jUL 08 2015 JQHtV t;fu1?[a,� CITYCLERK, SOurH SEtdD, jr4 Re: Resolution to Approve Master Lease — River West Development Area Portage Prairie Dear President Scott: Attached is a Resolution to approve a master lease between Developer GLC Portage Prairie, LLC and the South Bend Redevelopment Commission (RDC). The Resolution grew from an effort to address the lack of industrial space available in our market. DCI staff proposed the terms of a potential Spec industrial building to the Redevelopment Commission in October, 2014. Since that time we have actively negotiated with multiple developers as to potential terns and the scope of the project. We have been able to negotiate favorable terms with Great Lakes Capital which has agreed to build a 200,000 square foot shell under an arrangement in which the RDC will enter into a 5 year Master Lease backed by TIF funding. The terms of the lease are outlined in the document attached to the Resolution as Exhibit A. Following are the goals of this project: • Enhance the City's ability to remain competitive in response to Economic Development leads • Capitalize on the momentum in the market • Create an opportunity for rapid job creation • Utilize Class A industrial as a competitive advantage in marketing Department of Community Investment staff request that the Common Council approve the Master Lease, pursuant to Section 2.5 of Indiana Code 36-7-14, in substantially the form attached to the Resolution as Exhibit A subject to the following express limitations: (a) the term of the Master Lease may not exceed sixty (60) months; and (b) the total consideration paid by the Commission under the Master Lease may not exceed One Million Six Hundred Seventy -Four Thousand Dollars ($1,674,000). PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C. MEYER CHRIS FIELDING DONALD E. INKS Upon approval from the Common Council it is the intent of staff to present the terms of the Master Lease to the Redevelopment Commission on July 16, 2015. Either I or another member of the Department of Community Investment will present this Resolution to the Council at its Committee meeting and at the regular Council meeting on July 13, 2015. Thank you for your consideration of this Resolution. Sincerely, sten Fielding Department of Communi Investment Assistant Executive Director RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ACCEPTING AND CONFIRMING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION DETERMINING THAT THE TAX INCREMENT FOR ERSKINE VILLAGE TO BE COLLECTED IN THE YEAR 2016 MAY BE ALLOCATED TO THE RESPECTIVE TAXING UNITS AND OTHER RELATED MATTERS STATEMENT OF PURPOSE AND INTENT WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the South Bend, Indiana, Department of Redevelopment (the "Department ") and of the Redevelopment District of the City of South Bend, Indiana (the "Redevelopment District "), exists and operates under the provisions of IC 36 -7 -14, as amended from time to time (the "Act "); and WHEREAS, the Commission has previously adopted resolutions, which have been amended from time to time, declaring the South Side Development Area to be a redevelopment area within the meaning of the Act (the "Area ") and designated territory within such Area as Allocation Area No. 3 (the "Allocation Area ") under Section 39 of the Act; and WHEREAS, the Commission, in accordance with the Act, has previously established an allocation fund for the Allocation Area (the "Allocation Fund "); and WHEREAS, Section 39 of the Act requires the Commission to determine the amount, if any, by which the assessed value of the taxable property in the Allocation Area for the most recent assessment date minus the base assessed value, when multiplied by the estimated tax rate of the allocation area, will exceed the amount of assessed value needed to produce the property taxes necessary to make, when due, principal and interest payments on bonds, plus the amount necessary for other purposes described in Section 39; and WHEREAS, if the amount of excess assessed value determined by the Commission is expected to generate more than two hundred percent (200 %) of the amount of allocated tax proceeds necessary to make, when due, principal and interest payments on bonds plus the amount necessary for other purposes described in Section 39, the Commission shall submit to the Common Council its determination of the excess assessed value that the Comrission proposes to release to the respective taxing units for confirmation or modification of such finding by the Common Council and thereafter to provide notice to the St. Joseph County Auditor, the Common Council, and the fiscal officers for each taxing unit located wholly or partly within the respective Allocation Areas before July 15 of each year written notice of the following: the amount, if any, of excess assessed value that the Common Council has determined may be allocated to the respective taxing units in the manner prescribed in Section 39; and WHEREAS, the Commission, in accordance with the Act, has determined that for tax year payable 2015, all of the assessed value in the Allocation Area is excess assessed value and may be allocated to the respective taxing units in the manner prescribed in Section 39 of the Act because the Commission has found that the amount by which the assessed value of the taxable property in the Allocation Area for the most recent assessment date minus the base assessed value, when multiplied by the estimated tax rate of the allocation area, will exceed the amount of assessed value needed to produce the property taxes necessary to make, when due, principal and interest payments on bonds, plus the amount necessary for other purposes described in Section 39; and WHEREAS, the Commission, in accordance with the Act, has submitted its determination to the Common Council for confirmation or modification; and WHEREAS, the Common Council finds that the determination made by the Commission is appropriate and should be confirmed. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1. Confirmation of Commission's Determination. The Common Council confirms the determination made by the Commission that for tax year payable 2016, all of the assessed value in the Allocation Area is excess assessed value and may be allocated to the respective taxing units in the manner prescribed in Section 39 of the Act pursuant to the findings made by the Commission that the amount by which the assessed value of the taxable property in the Allocation Area for the most recent assessment date minus the base assessed value, when multiplied by the estimated tax rate of the allocation area, will exceed the amount of assessed value needed to produce the property taxes necessary to make, when due, principal and interest payments on bonds, plus the amount necessary for other purposes described in Section 39. Section 2. Duration of Determination. This determination for 2016 shall not be construed to affect any future determination of the Commission with respect to the capture of assessed value of the taxable property in the Allocation Area in the years following 2016. Section 3. Notice to Officers of the Commission. The City Clerk is hereby authorized and directed to immediately notify or cause to be notified the Officers of the South Bend Redevelopment Commission of the determinations made herein. Section 4. Effective Date. This Resolution shall be in full force and effect from and after its adoption by the Common Council. ATTEST: City Clerk. PRESINIf 1) )10T APPWV% �AOPT�1 Member of the Common Council r >, Zle Filed it , Office z .'v" i zQ15 JON ii CITY CLERK, SOUTH BEND, IN 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR July 6, 2015 South Bend Common Council 4' Floor County -City Building South Bend, IN 46601 RE: Confirming Redevelopment Commission Determination that Erskine Village TIF can be Released for 2016 Dear Council Members: PHoNE:574 /235 -9371 FAX: 574/235 -9021 Attached for the Common Council's consideration is a proposed resolution which confirms a determination by the South Bend Redevelopment Commission to release the TIF Revenues for the Erskine Village TIF (South Side Development Area Allocation Area #3) for 2016. On June 25, 2015, the Commission determined that the TIF revenues for 2016 for Erskine Village will not be needed to satisfy the obligations of the District and, therefore, can be released to the various taxing units. In order for the release to take effect, state law requires the Common Council confirm the determination made by the Redevelopment Commission. Either Beth Leonard or I will present this Resolution to the Common Council. Thank you for your consideration. Sincerely, II @d In Office i3e Brock Zeeb U JOHN V00HOsf CITY CLERK, SOUTH BEND, IN ASSISTANT ExECUrIVE DIRECTOR PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES CHMSFIELDING ]ITIN KAIN PAMELA C. MEYER BROCKZEEB 6 -A I I T-I'z, � RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING OF THE ISSUANCE OF LEASE RENTAL REVENUE REFUNDING BONDS BY THE SOUTH BEND REDEVELOPMENT AUTHORITY FOR THE PURPOSE OF ADVANCE REFUNDING THE REDEVELOPMENT AUTHORITY'S LEASE RENTAL REVENUE BONDS OF 2008 (EDDY STREET COMMONS PROJECT) AND REGARDING CERTAIN RELATED MATTERS WHEREAS, the Common Council ( "Common Council ") of the City of South Bend, Indiana (the "City ") at its meeting on December 10, 2007, adopted Ordinance No. 9814- 07, approving a lease (the "Lease ") between the South Bend Redevelopment Authority (the "Authority ") and the South Bend Redevelopment Commission (the "Commission ") for certain local public improvements now located in the River East Development Area (formerly known as the Northeast Neighborhood Development Area) including, without limitation: (i) a parking garage structure; the reconstruction and/or the extension of Eddy, Burns, Georgiana, Duey, and Napoleon Streets; the upgrading and replacement of water mains, sanitary and storm sewers and site preparation; the extension and upgrading of electrical, telephone and high speed internet services; other related services including, without limitation, engineering and geotechnical testing; and related improvements (collectively, the "Project "); and WHEREAS, the Authority previously issued its Lease Rental Revenue Bonds of 2008 (Eddy Street Commons Project) in the aggregate principal amount of Thirty -six Million and 00 /100 Dollars ($36,000,000.00) (the "Prior Bonds "), for the purpose of financing a portion of the costs of the Project and the costs of issuance of the Prior Bonds; and WHEREAS, the Authority has adopted Resolution No. 195 at a meeting held on June 26, 2015, determining to proceed with the advance refunding of the Prior Bonds with the issuance of its lease rental revenue refunding bonds (the 'Refunding Bonds ") for the purpose of reducing rental payments paid by the Commission under the Lease to effect a savings, subject to approval of the issuance of the Refunding Bonds by this Common Council; and WHEREAS, the Commission has adopted Resolution No. 3298 at a meeting held on June 25, 2015, approving of the issuance of the Refunding Bonds by the Authority and determining to maintain the funds and accounts previously created for the payment of the rental payments due under the Lease; and WHEREAS, in conjunction with the issuance of the Refunding Bonds, the Authority and the Commission would enter into an addendum to the Lease (the "Addendum ") in order to reduce rental payments paid by the Commission under the Lease to correspond to the savings achieved through the issuance of Refunding Bonds; and US.57683762.01 WHEREAS, the Common Council desires to approve the Authority proceeding to issue the Refunding Bonds and the Authority and the Commission entering into the Addendum, pursuant to Indiana Code 36 -7- 14.5 -13, for the purpose of reducing the lease rentals payable under the Lease following the issuance of the Refunding Bonds; THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby approves the issuance by the Authority of the Refunding Bonds in the aggregate principal amount not to exceed $37,350,000 for the purpose of advance refunding the Prior Bonds in order to reduce the amount of the lease rentals payable under the Lease by the Commission, provided that the Authority shall issue the Refunding Bonds only in the event that the refunding results in a net present value savings of at least One Million and 00 /100 Dollars ($1,000,000.00). The maximum interest rate on the Refunding Bonds shall not exceed five percent (5.0 %) and the final payment on the Refunding Bonds shall be not later than February 15, 2033 (the same final payment date of the Prior Bonds). The Refunding Bonds shall be subject to optional and mandatory sinking fund redemption as set forth in the Bond Resolution. SECTION II. The Common Council hereby approves of the Authority and the Commission entering into the Addendum, pursuant to Indiana Code 36 -7- 14.5 -13, following the sale of the Refunding Bonds for the purpose of reducing the rentals due under the Lease. SECTION III. This Resolution shall be in full force and effect from and after the time it has been adopted by the Common Council, approved by the Mayor, and otherwise executed and delivered in accordance with any and all laws pertaining thereto. pki..5tro i r.o )iQl APPROVO COMMON COUNCIL OF THE 4aE;7- Member of the Common Council t15 vowbe an }li�_ r,Fj nand Filed tea. CITY CIEAX, 600TH BEND, IN 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR June 30, 2015 Mr. Tim Scott, President South Bend Common Council 41" Floor County -City Building South Bend, IN 46601 RE: Eddy Street Commons Bond Refunding Dear President Scott: PHONE: 574/235.9371 FAX: 574/235-9021 Attached for the Common Council's consideration is a Resolution to approve an addendum to the Original Lease between the Redevelopment Authority and Redevelopment Commission for the 2008 Eddy Street Commons Project Bonds, which financed the City's local public improvements for the Eddy Street Commons project, including the parking garage, reconstruction of certain streets and alleys, utility upgrades, etc. Pursuing a refunding of the 2008 Eddy Street Bonds under current rates anticipates an approximate savings of $3,000,000 over the 18 year life of the bonds. The estimated bond refinance rate is anticipated at 3.34 %. The Bonds current interest rate is 5.796 %. The bond refunding will only occur if a savings of at least $1,000,000 dollars can be achieved. Current interest rates would have to increase 70 basis points between now and the expected closing the end of August to cancel the proposed bond refunding. The Redevelopment Commission approved the bond refunding with Resolution No. 3298, the Redevelopment Authority approved the bond refunding with Resolution No. 195. Council approval of this Resolution will allow the issuance, sale, and delivery of the Refunding Bonds, a Supplemental Trust Agreement with US Bank, and other necessary documents upon advice of legal counsel that will be necessary for the bond refunding. Thank u, Brock Zeeb Director of Economic Resources Department of Community Investment City of South Bend. PLANNING NEIGHBORHOOD ENGAGEMENT 11NN KAIN PAMELA C. MEYER BUSINESS DEVELOPMENT CHRIS FIELDING Filed In C of'Wq_ 0111ae =L t- Z015 JONiti E'* ;:iR»: CITY CLERK, SOU I H t3AEND, IN ECONOMIC RESOURCES BROCK ZEE8 111 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE DISPOSITION OF REAL PROPERTY LOCATED AT 51190 MAYFLOWER ROAD AND 51270 MAYFLOWER ROAD, SOUTH BEND, INDIANA WHEREAS, the City of South Bend, Indiana ( "City "), acting through its Board of Public Works ( "Board ") held a public hearing on June 23, 2015 regarding the sale of property located at 51190 Mayflower Road and 51270 Mayflower Road, South Bend, Indiana (collectively the "Property "); and WHEREAS, the public, during the public hearing held by the Board on June 23, 2015, was unanimous in its support of the proposed sale of the Property; and WHEREAS, upon conclusion of the public hearing, the Board passed Resolution No. 32- 2015 supporting the proposed sale of the Property and seeking approval from the City's Executive consistent with the requirements of IC 36- 1 -11 -3; and WHEREAS, the Common Council of the City of South Bend, Indiana, has determined that the City no longer has a need for the Property; and WHEREAS, the Common Council of the City of South Bend, Indiana, believes that the sale of the Property is in the best interests of the City of South Bend and its residents; and WHEREAS, the Common Council of the City of South Bend, Indiana, has determined that the Board of Public Works of the City of South Bend, Indiana is the appropriate entity to dispose of the Property pursuant to the terms of Ind. Code 36- 1- 11 -4.2. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The sale of property located at 51190 and 51270 Mayflower Road, South Bend, Indiana is in the best interests of the City of South Bend, Indiana, and the South Bend Common Council hereby authorizes the Board of Public Works to take any and all lawful steps necessary to dispose of the Property pursuant to and in accordance with the terms of Ind. Code 36- 1- 11 -4.2. Section II. The Common Council hereby designates and confirms the following persons to execute and accept, and to witness the execution and acceptance, respectively, those documents necessary for the consummation of the transaction contemplated by this Resolution. Party to Execute Documents: Gary Gilot, President Board of Public Works Party to Attest to the Execution of Documents: Linda Martin, Clerk Board of Public Works 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 PU5ENTEO NOT AFPQOW& Member, Common Council Slgi�a cM ` �,.j112 €e tir,! , T Vowme an Oppwaii? w V4 Filed !s <<< Office ;1 2015 3 OrtV (oi.1E t. iSiiUTH SEND, IN 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR July 1, 2015 Mr. Tim Scott, President South Bend Common Council 41h Floor County -City Building South Bend, IN 46601 RE: Sale of property: 51190 & 51270 Mayflower Road Dear President Scott: PuONr;:574/235 -9371 FAX: 574/235 -9021 Attached for the Common Council's consideration is a Resolution approving the sale of City owned property at 51190 and 51270 Mayflower Road. These two parcels are next to each other and will be sold together. They are on the east side of Mayflower, south of Adams Road. On June 23, 2015, the Board of Public Works held an advertised public hearing, to elicit public comment on whether the property should be sold. Members of public unanimously expressed support for the sale. On that same date, the Board of Public Works then approved their Resolution No. 32 -2015, approving the sale of this property. State statute now requires the approval of the Common Council, for the property to eventually be listed for sale and sold. This property was acquired in 2009 for a proposed connector road between Mayflower and Portage, planned to service Portage Prairie and development to the north. Because of the adequacy and improvements to surrounding roads and streets, this connector road is no longer needed, and is therefore requested to be sold. I will be present at the Committee and Council meetings to address questions. Thank you, %/% �/ /( i;/e Brock Zeeb Director of Economic Resources Department of Community Investment City of South Bend Filed in ,Iprk'e Office a'11 ,�1 �Q15 CITY CLERK, SOUTH BEND, IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES J ITIN K.AIN PAMELA C. MEYER CMRIS FIELDING BROCK ZEES P AD 6�-u P- [\F-6\3 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL / JUNK DEALER / RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2015 PURSUANT TO SECTION 4 -51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4 -51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on July 7, 2015 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following businesses: SMS Paul's Auto Yard, LLC — 3300 S. Main Street Alternative Two LLC — 700 West Chippewa A -1 Auto Parts — 2014 S. Lafayette Blvd. Steve & Gene's — 3109 Gertrude OmniSource Corporation — 7575 W. Jefferson Blvd. U.S. Scrap & Recycling — 1420 S. Walnut St. have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, Recycling Operations Licenses for the year 2015. WHEREAS, the license applications for all above - referenced businesses received favorable recommendations from the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license applications for the following businesses: SMS Paul's Auto Yard, LLC – 3300 S. Main Street Alternative Two LLC — 700 West Chippewa A -I Auto Parts — 2014 S. Lafayette Blvd. Steve & Gene's — 3109 Gertrude OmniSource Corporation — 7575 W. Jefferson Blvd. U.S. Scrap & Recycling —1420 S. Walnut St. Are approved in conformity with South Bend Municipal Code Section 4 -51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau as evidenced by the Ordinance Violation Bureau Clerk's communication to the City Clerk dated July 7, 2015. Section II. This Resolution shall be in full for a and e t I and after its adoption by the Council and approval by the Mayor. — PtRES£NTM NOT APPROi'.W ;A=PTiQ Member of the Common Council Ww I and JUL t 4015 JOHN 1d®l.9@?DE CIY'Y CLIERK, SOUTH Nr;Np, IN Office of the City Clerk John Voorde, City Clerk July 7'h, 2015 Tim Scott, Council President South Bend Common Council 227 W. Jefferson, Room 455 South Bend, IN 46601 Dear Mr. Scott, These applications for the operation of Scrap Metal / Junk Dealers / Recycling Operation have been received. In accordance with the procedure for the renewal of city business licenses these applications were submitted to the Police Department, Fire Inspection Bureau, and Department of Code Enforcement for inspection. The following properties were inspected: SMS Paul's Auto Yard, LLC — 3300 S. Main Street Alternative Two LLC — 700 West Chippewa A -1 Auto Parts — 2014 S. Lafayette Blvd. Steve & Gene's — 3109 Gertrude OmniSource Corporation — 7575 W. Jefferson Blvd. U.S. Scrap & Recycling— 1420 S. Walnut St. and have received favorable recommendations regarding police, fire, and code enforcements' environmental compliance; also for proper maintenance of the premise and area outside the fence, and the height and condition of the fencing. Because the applicants have met all of the requirements of the ordinance, the attached resolution is respectfully submitted for your consideration. Sincerely, Emily Sexton Ordinance Violations Bureau Clerk 'ild ins Office VIM JOHN voonor CITY 0 RK, SOYJTN BEND, IN 6JI (r,"y Resolution No. 011M A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT THE CITY'S BOARD OF PUBLIC WORKS UPDATE ITS "SEWER INSURANCE PROGRAM POLICY" TO INCLUDE SUSPENSION PROVISIONS FOR ENTITIES DOING BUSINESS WITH THE CITY AND THAT REQUIRED REPORTING TO THE COMMON COUNCIL AND THE UTILITY COMMITTEE BE RESUMED IMMEDIATELY 4" the Common Council of the City of South Bend, Indiana recognizes that on September 15, 1980, the Common Council passed Ordinance No. 6830 -80 which created a program to assist home owners when dealing with the potential costly repair of private sewer connections when they fail; and (W" the Common Council further notes that over the years, this sewer insurance program has been a very important program which has helped protect the health and safety of the citizens of South Bend and has helped contribute to the efficient operation of the overall sewer system; and N" the Board of Public Works took over the responsibilities of the Board of Wastewater Commissioners when the Wastewater Board was terminated; and the reporting requirements of South Bend Municipal Code §17 -64 to both the Council and the Council's Utility Committee remain in full force and effect; and 6A" the Council notes that such required reporting has lapsed; and the Council further notes that the Board of Public Works "Sewer Insurance Program Policy" which the Board approved on November 12, 2013, appears to be deficient in light of the fact that it references incorrect citations to the governing provisions of the South Bend Municipal Code and that the policy fails to include reasonable measures to ensure that all vendors are responsible in fulfilling their legal and contractual obligations when doing business with the City of South Bend under the Sewer Insurance Program; and y the Common Council recognizes the both the federal government and municipalities in Indiana have included language addressing debarment (removing contractor eligibility for contracts for a fixed period of time) and suspension (removing eligibility for the duration of an investigation or litigation) as appropriate and reasonable business practices; and G)i" some examples at the federal level which authorize debarment and suspension include, but are not limited to: the Federal Acquisition Regulation (FAR) which govern contracting with executive branch agencies in order to "prevent improper dissipation of public funds" and provides in part for debarment or suspension for a "serious or compelling" cause; the Buy American Act (41 U.S. Code §8303); Clean Air Act (33 U.S. Code § 1368,. §7606); Davis -Bacon Act (40 U.S. Code §3144); and the Drug -Free Workplace Act (41 U.S. Code §8102); and Resolution Addressing Recommendations to the City Administration Page 2 the Common Council recommends that the Board of Public Works immediately consider updating its Sewer Insurance Program Policy which the Board approved on November 12, 2013, to allow for the suspension of any contractor who is suspected of violating any federal or state law, or whose activities may indicate a lack of business integrity which may seriously affect the responsibilities and duties of a contractor to the potential detriment of the City, under this Program; and the Common Council notes that the U.S. Congress have held many hearings on suspension and debarment in light of the "magnitude of federal spending on contracts and reports that agencies awarded contracts to vendors who previously allegedly engaged in misconduct"; and the Council has found that the City of Indianapolis utilizes in their "standard general conditions" provisions on debarment and suspension whereby a contractor doing business with the City certifies that neither the entity or its principals are "...presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from or ineligible for participation in any federal assistance program...'; requires the contractor "... not to subcontract with any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in and federal assistance program...'; and requires the contract to "...provide immediate notice .... if, at any time .... it is debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded from or become ineligible for participation in any federal assistance program [with] such event being cause for termination..."; and i, by analogy, at the federal level, the Code of Federal Regulations provide in part in Subpart 9.402 Debarment, Suspension, and Ineligibility that sanctions such as suspension may "...be imposed only in the public interest for the Government's protection and not for purposes of punishment ", and that "agencies are encouraged to establish methods and procedures for coordinating their debarment or suspension actions" (Emphasis added). r Section I. The South Bend Common Council believes that the City of South Bend has a duty and responsibility to protect and safeguard all public funds by the most efficient mechanisms possible, which include having reasonable practices, policies, procedures and standards for all governmental contracts. Section II. The Common Council further believes that in light of the amount of taxpayer monies spent on contracts, and the ongoing investigation of at least one contractor doing business with the Board of Public Works, that there is a need for the Board to immediately review and revise its Sewer Insurance Program Policy of November 12, 2013, in order to protect the public interest and regain the public trust. Section III. The Common Council therefore recommends that the Board of Public Works immediately review and update the Sewer Insurance Program's policies pursuant to all governing laws to ensure that contractors who fail to fulfill their legal or contractual obligations have their due process rights properly Resolution Addressing Recommendations to the City Administration Page 3 balanced against the greater good of protecting the public interests and public assets. The Council further believes that provisions addressing suspensions would help protect the integrity of City governmental programs by ensuring that only responsible persons and companies participate. The Council recommends that such review include, but not be limited to: 1. Developing policies and procedures which are transparent, which reflect best practices, which are regularly updated and filed with the Office of the City Clerk and posted on the City's website; and 2. Developing policies and procedures that an entity would be excluded or disqualified from bidding on, quoting on, or participating in a contract with the City of South Bend for a temporary period of time, pending the completion of an investigation or legal proceeding involving that entity; and 3. Developing policies and procedures which ensure that all contractors may be suspended during any period of time that there may be an ongoing investigation as to the contractor's practices or procedures; or an investigation of a contractor's alleged misconduct or ensuing legal proceedings; and 4. Developing policies and procedures which increase the information made available to contractors which better address their required responsibilities and duties; and that the City Administration collaborate with the Common Council in protecting the public interests by complying with South Bend Municipal Code § 17 -64 addressing `Bi- Annual Financial Statement and Report Required; Quarterly Report Filed with the Common Council's Utility Committee ". Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s Derek D. Dieter, Council Member at Large South Ben C mmon Council Vice - President Karen Ll White, Council Member arge Comm C Co ittee of the Whole Chairperson Tim Scott, r at Large South Bend Common Council President 94PMWW&1& - may 001,5 Office of the Cit u @ .. r Butti g i g Ma y o r of South Bend jf {I - g X015 NOT APPRO�04 A"OPIGQ CITY CLERCZ SOUTH MEND, IN Appendix 1 Suspension and Debarment Actions in FY 2014 Agency/Department Suspensions Proposed Debarments Debarments ** Agriculture 37 51 32 AID 7 15 12 Commerce Defense Air Force 2 109 2 177 4 138 Army 131 392 279 Defense Logistics Agency 15 164 110 Navy 145 262 208 Education 33 15 27 Energy 42 42 21 Environmental Protection Agency 119 176 148 General Services Administration 11 56 50 Health and Human Services 7 32 32 Homeland Security 10 338 339 Housing and Urban Development 197 272 278 Interior 11 39 42 Justice 9 8 8 Labor 0 0 0 NASA 13 18 8 National Science Foundation 9 33 25 Nuclear Regulatory Commission 0 0 0 Office of Personnel Management 14 12 15 Small Business Administration 27 26 21 Social Security Administration 0 0 0 State 16 28 24 Transportation 43 51 47 Treasury 0 6 36 Veterans Affairs 2 26 25 Total Actions 1,009 2,241 1 929 * The ISDC obtained this information through a survey of member agencies. * *The number of debarments does not include voluntary exclusion actions, which are reported in Appendix 2. Filed it 4 Office CITY CLERK, SOUTH BEND, IN Appendix 2 Actions Related to Suspension and Debarment in FY 2014* Agency/Department Show Cause Notices Referrals ** Declinations ** Administrative Agreements Voluntary Exclusions A riculture 0 87 12 0 2 AID 2 28 0 1 0 Commerce Defense Air Force 0 35 2 286 0 2 0 3 0 0 Army 15 807 5 5 0 Defense Logistics Agency 1 180 0 0 0 Navy 27 457 0 3 0 Education 0 77 0 4 4 Energy 42 48 4 0 0 Environmental Protection Agency 0 255 38 3 1 General Services Administration 9 128 0 2 0 Health and Human Services 0 45 1 1 0 Homeland Security 5 385 1 1 0 Housing and Urban Development 1 348 234 0 0 Interior 2 54 1 3 0 Justice 4 15 0 0 0 Labor 0 0 0 0 0 NASA 7 40 1 3 0 National Science Foundation 0 27 0 1 2 Nuclear Regulatory Commission 0 0 0 0 0 Office of Personnel Management 1 19 1 0 0 Small Business Administration 5 60 4 6 0 Social Security Administration 2 0 0 0 0 State 1 44 0 0 0 Transportation 0 53 7 11 1 Treasury 1 6 3 0 0 Veterans Affairs 1 14 1 0 0 Total Actions 161 3,465 315 47 10 * The ISDC obtained this information through a survey of member agencies. * *A referral and subsequent action or declination by the SDO may cross fiscal years, so a direct comparison between referrals and actions taken will not produce a statistically reliable result. Appendix 3 Government -wide Suspension & Debarment Activity FYs 2010- 2014 Suspensions 1200 1009 1000 800 887 836 600 612 400 200 2000 0 2010 2011 2012 2013 2014 Proposed Debarments 2500 2229 2241 2081 2000 1718 1500 1265 1000 500 0 2010 2011 2012 2013 2014 Debarments 2500 1929 2000 1633 1722 1696 1500 973 1000 500 0 2010 2011 2012 2013 2014 10 U.S. GAO - Federal Contracts and Grants: Agencies Have Taken Steps to Improve Suspension an... Page 1 of FEDERAL CONTRACTS AND GRANTS: Agencies Have Taken Steps to Improve Suspension and Debarment Programs GAO -14 -513: Published: May 21, 2014. Publicly Released: May 21, 2014. What GAO Found The six agencies GAO reviewed all took action to incorporate characteristics associated with active suspension and debarment programs. Since GAO made recommendations to do so in 2011, the agencies have addressed staffing issues through actions such as defining roles and responsibilities, adding positions, and consolidating suspension and debarment functions. The agencies also have issued formal policies and promulgated detailed guidance. Finally, the agencies have engaged in practices that encourage an active referral process, such as establishing positions to ensure cases are referred for possible action, and developing case management tools. The number of suspension and debarment actions government -wide has more than doubled from 1,836 in fiscal year 2009 to 4,812 in fiscal year 2013. The number of suspension and debarment actions for the six agencies increased from 19 in fiscal year 2009 to 271 in fiscal year 2013 (see table below). The six agencies generally experienced a notable increase starting in fiscal year 2011 when the agencies began to take action to incorporate the characteristics associated with active suspension and debarment programs. Suspension and Debarment Actions Reported for Fiscal Years 2009 -2013 Agency Total number of suspension and debarment actions 2009 2010 2011 2012 2013 Department of Commerce 0 0 9 34 8 Department of Health and Human Services 3 6 10 1 47 Department of Justice 8 5 50 37 64 Department of State 8 7 17 50 96 Department of the Treasury 0 1 4 8 4, Federal Emergency Management Agency 0 0 14 8 52 Total 19 19 104 138 271 Source: GAO presentation of agency data reported to the Interagency Suspension and Debarment Committee. Note: Total number of suspension and debarment actions includes procurement and nonprocurement- related suspensions, proposed debarments, and debarments. The Office of Management and Budget (OMB) and the Interagency Suspension and Debarment Committee (ISDC) have taken action to strengthen government -wide suspension and debarment efforts. In November 2011, OMB directed agencies to address weaknesses and reinforce best practices in their suspension and debarment programs. The ISDC reported to Congress in September 2012 that, per OMB direction, the 24 standing member agencies of the ISDC had an accountable official in place responsible for suspension and debarment; taken steps to address resources, policies, or both; and procedures to forward matters to the suspension and debarment official for possible action. The ISDC has promoted best practices, coordinated mentodng and training, and helped coordinate lead agency responsibility when multiple agencies have an interest in pursuing suspension and debarment of the same entity. Reported increases in the number of suspension or debarment actions suggest that its efforts have been effective. ISDC officials emphasized that increased activity has been coupled with an increased capability to use suspension and debarment appropriately while adhering to the principles of fairness and due process. Why GAO Did This Study To protect the governmenfs interests, agencies can use suspension and debarment to exclude individuals, contractors, and grantees from receiving future contracts, grants, and other federal assistance due to various types of misconduct. In 2011, GAO reviewed ten agencies and found that agencies issuing the most procurement related suspensions and debarments shared common characteristics: dedicated staff, detailed policies and procedures, and an active referral process. GAO recommended that six agencies —the Departments of Commerce, Health and Human Services, Justice, State, the Treasury, and the Federal Emergency Management Agency — incorporate those characteristics, and that OMB issue guidance to improve oversight and government -wide suspension and debarment efforts. GAO was asked to review actions taken to implement the 2011 recommendations. This report examines (1) actions taken by the six agencies to incorporate characteristics of active suspension and debarment programs; (2) changes in the level of suspension and debarment activity; and (3) actions taken to improve oversight and government-wide efforts. To do so. GAO reviewed suspension and debarment programs, interviewed agency officials, verified the accuracy of agency data, and reviewed government -wide efforts. GAO is not making any new recommendations in this report. OMB commented that it is pleased with the progress that agencies have made and with the work of the ISDC.The other agencies did not provide substantive comments. For more information, contact William T. Woods at (202) 512 -4841 or woodsy @gao.gov. http: / /www.gao.gov /products /GAO -14 -513 7/7/2015 Common Council City of South Bend Indiana Derek D. Dieter, Council Member at Large 41h Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -5982 (574) 235 -9173 Facsimile (574)235 -5567 TTY/TDD July 7, 2015 Members of the Common Council 41 Floor County -City Building South Bend, Indiana 46601 Re: Recommendations Calling for a Change of City Administration Policies Dear Council Members: At the last Common Council meeting held on June 22nd, we were advised by the City Administration that the Board of Public Works has no policies to temporarily remove any company from a list of companies previously authorized to do business with the City, while a company is under investigation. We, the Common Council Officers believe that the City has a duty to protect the public interest and to also properly monitor the expenditure of all taxpayer dollars. It is clear that many other governmental entities protect the public interest, with many examples being briefly summarized in the attached Resolution. We urge you to support this Resolution which recommends that the Board of Public Works immediately begin a review of their practices addressed in the Board's "Sewer Insurance Program Policy" by: 1. Developing policies and procedures which are transparent, which reflect best practices, which are regularly updated and filed with the Office of the City Clerk and posted on the City's website; and 2. Developing policies and procedures that an entity would be excluded or disqualified from bidding on, quoting on, or participating in a contract with the City of South Bend for a temporary period of time, pending the completion of an investigation or legal proceeding involving that entity; and 3. Developing policies and procedures which ensure that all contractors may be suspended during any period of time that there may be an ongoing investigation as to the contractor's practices or procedures; or an investigation of a contractor's alleged misconduct or ensuing legal proceedings; and July 7, 2015 Page 2 4. Developing policies and procedures which increase the information made available to contractors which better address their required responsibilities and duties. We also believe that compliance with City Code provisions addressing the City's Sewer Insurance Program should begin immediately. The Board is required to share information with the Council and also with the Council's Utilities Committee, about the sewer insurance program. In reviewing the legislative history on the 1980 ordinance which created this program, transparency and accountability were critical from its very beginning. Unfortunately those reporting requirements have not been fulfilled by the Administration. Oversight of this program which was created by the Common Council, is important since the program has helped many South Bend residents over the years. We have attached an article published on May 21, 2014 entitled "Federal Contracts and Grants: Agencies have Taken Steps to Improve Suspension and Debarment Programs ". It highlights actions taken from 2009 -2013 on six (6) federal agencies which aims to improve governmental operations by: • Protecting the government's interests • Improving oversight • Verifying accuracy • Sharing results in the interest of transparency Each year the U.S. Congress is to receive a status update on the federal suspension and debarment system. This report was filed on March 31, 2015 and contained charts detailing suspension and debarment actions for fiscal year 2014. We have attached those charts which clearly indicate that pro- active actions in this area are being taken. We believe that we owe it to the citizens of South Bend, to see that similar goals and objectives are carried out here. We are the elected public servants who are entrusted with financial stewardship over our public's funds. We look forward to discussing this with you and seek your support. Thank you. Sincerely Derek D. Dieter, Council Vice - President Council Member at Large l Karen L. White, Committee of the Whole Chairperson Council Member at Large Attachments Tim Sco siden I" District Council Member Filed ire ° : Office 1 AL `8 4U15 JOHs -. a )'J."i a CITY CLERK, SOUTH BEND, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT # 6, FOR 23530 S.R. # 2, 56575, 56589, 56605 MAYFLOWER ROAD, 23562, 23580 HURON STREET AND 56546, 56576, 56586, 56660 HOLLYWOOD BOULEVARD, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation and zoning of 10.99 acres more or less located in Portage Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district of this territory. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one -eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A part of the Northwest and Southwest Quarters of Section 8, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, which is described as: beginning at the intersection of the West Right -of -way line of Mayflower Road with the North right -of -way line of Western Avenue; thence East a distance of 40 feet more or less to the Centerline of said Mayflower Road and the existing Corporation line for the City of South Bend; thence South along said Centerline and Corporation line a distance of 829 feet more or less to a point of intersection of said Centerline and Corporation line with the Easterly extension of the South right -of -way line of Huron Street; thence West along said Easterly extension and South right -of- way line a distance of 240 feet more or less to the Northeast corner of a parcel of ground identified with Tax Key Number 17- 1034 - 095401 in the Records of the Auditor's Office of St. Joseph County, Indiana; thence South along the East line of said Parcel a distance of 150 feet more or less to the South line of Lot # 68 in the Plat of "Grouse's A40ition" as recorded in the Records of the St. Joseph County, Indiana Recorder's Office; thencep West along the South line of said Lot # 68 and Lot # 67 in said Plat a distance of 390 feet more ior less to the East right -of- way line of Hollywood Boulevard; thence continuing West a distance of 60 feet more or less to the West right -of -way line of said Hollywood Boulevard; thence NortlFalong said West line a distance of 610 feet more or less; thence East a distance of 200 feet more or less to the Northeast comer of a Parcel of ground identified with Tax Key Number 17- 1034 -0928 in the records of said Auditor's Office; thence South along the East line of said Parcel a distance of 100 feet more or less to the North line of Lot # 56 in said Plat; thence East along said North line a distance of 160 feet more or less to the Southwest corner of Lot # 61 in said Plat; thence North along the West line of said Lot # 61 and its' Northerly extension a distance of 474 feet more or less to the North - right -of -way line of said Western Avenue; thence East along said North line a distance of 290 feet more or less to the point of beginning. Containing 10.99 acres more or less. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495 -04, as amended which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the above described real estate, with the exception of all adjacent right -of -ways, in the City of South Bend, St. Joseph County, Indiana be and the same is hereby established as CB Community Business District, provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION III. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication Attest: City Clerk MEMBER OF THE COMMON COUNCIL t? t� .tea �r Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. Approved and signed by me on the o'clock m. 11* READING I—( � r PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED City Clerk day of 2 , at Mayor, City of South Bend, Indiana Filed in `office JOties VtW�s iti,a CITY CLERK, aC3UT14 BEND, IN ORDINANCE NO. PETITION FOR A COMBINED HEARING City oiSouth Bend Indiana I (we) the undersigned make application to the City of South Bend Common Council for the voluntary annexation of land into the City of South Bend, Indiana, and for the zoning of that land as herein requested. 1) The subject property is located at: 23530 S.R. # 2, 56575, 56589, 56605 Mayflower Road, 23562, 23580 Huron Street and 56546, 56576, 56586, 56660 Hollywood Boulevard, South Bend, Indiana 46619. 2) The property Tax Key Number(s) is /are: 17- 1034 -0933 17- 1034 -0950 17- 1034 -0951 17- 1034 -0952 17- 1034 -0953 17- 1034 -0928 17- 1034 -0934 17- 1034 -0935 17- 1034 -0936 17- 1034 - 093601 17- 1034 - 095401 3) Name and address of property owner(s) of the petition site: County Development, LLC, Attn: Edward W. Hardig - Manager 131 South Taylor Street South Bend, Indiana 46601 (574) 807 -0170 E-Mail Address: N/A 4) Name and address of contingent purchaser(s), if applicable: N/A E-Mail Address N/A 5) It is desired and requested that this property be rezoned: From (County): R Single Family District and C Commercial District To (City): CB Community Business District 6) This annexation and rezoning is requested to allow the following use(s): Grocery Store and Restaurant along with other permitted uses under the CB Community Business zoning classification. 7) Number of persons residing on property to be annexed: N/A 8) If applicable, a detailed description and the purpose of the variance(s) being requested: The Petitioners have owned the real estate shown on the attached site plan for the past year or so. The Petitioners desire to take the shown real estate and construct a new Grocery Store facility on the main portion of the site. There is an existing restaurant building located at the northeast comer of the site which will remain for the present time and continue in operation. The other existing residential structures will be removed. A portion of the property is also bisected by Huron Street which is a public right -of -way. As shown, the proposed Grocery Store will be located on the main portion of the site towards the west side of the property. The building will be oriented towards Mayflower Road with a parking lot in front of the building and employee parking on the south side of the site. The main access into the site will be from Mayflower Road at the southeast comer of the site. There are two existing driveway openings that will continue to be used. One is on Western Avenue and the other will be a driveway onto Mayflower at the northeast corner of the site. There is one opening planned onto Hollywood Boulevard at the southwest corner of the site. This will be limited for use by cars only and no trucks. All deliveries to the site will be from Mayflower Road or Western Avenue. The Petitioners have attempted to work with the property owner at the southeast comer of the project site. The property is being used for a Tavern, is zoned residential and appears to be a legal- non - conforming use. With the requested Vacation of Huron Street, the Petitioners have designed their site to allow for continued access to the Tavern from the north by providing a driveway between the two properties. This design will allow for the adjacent owner to continue to access parking spaces on the north side of the Tavern building that are mostly located in the public right -of -way and for any truck deliveries to the property. The design layout will also allow for patrons of the adjacent property to have access onto Mayflower Road or out to Hollywood Boulevard. The adjacent property will still have an existing driveway opening at the southeast comer of the property which gives a second access as well to Mayflower Road. At the present time the petition property is located wholly within the unincorporated area of St. Joseph County and has a mix of County zoning classifications of Single - family Residential and Commercial. The Petitioners have been working with the staffs of the Area Plan Commission, the Project Advisory Team (PAT), the Department of Community Investment and the Building Department. Based on those meetings, the Petitioners decided to bring the project site into the City of South Bend. In order to accomplish that task, several procedures are required. The first was to submit to the County Council a Petition to Vacate Huron Street from Mayflower Road on the east to Hollywood Boulevard on the west. This would allow for the present bisection of the site with a public right -of -way to be eliminated and allows for the site to be laid out efficiently for internal circulation as shown on the site plan. The project site would also be required to be annexed be to brought into the City limits. As part of annexation the project is also being requested to be rezoned to the CB Community Business District which will allow for the proposed Grocery Store use and the existing Restaurant facility. The last part of the process is to request several Variances that will allow for flexibility on the development of the property as shown but still meet the intent of the City's zoning codes. The Petitioners worked with all the parties mentioned above to create a development that is functional and will be an asset for the surrounding neighborhoods. With regards to the required Variances needed for the project, the Petitioners are requesting the following: A). From the required Minimum Residential Bufferyard of twenty (20) feet to twelve (12) feet for parking on the southeast and south property lines as shown; B). From the requirement that Outdoor seating shall not be located between a building line and a residential bufferyard to allow for outdoor seating between the south building line and the south residential bufferyard; Q. From the maximum height of thirty-six (36) inches in height for a fence located in a minimum front yard to six (6) feet in height for a fence along Hollywood Boulevard; D). From the required screening of trash containers to none; E). From the requirement that trash containers not be located between the front facade of the primary building and the front lot line to allowing trash containers between the west facade of the primary building and the front (west) lot line; F). From the required "bail out" lane for drive through facilities to none; G). From the required landscaping of required perimeter yards and residential bufferyards to landscaping as shown on the site plan; H). From the required Foundation Landscaping to landscaping as shown on the site plan; I). From the required Off -Street Parking Area Screening to none on the east, west, or south parking areas; J). From the required no off -street loading between the front lot line and the front facade to allowing loading spaces between front (west) lot line and the west building facade; The Petitioners request for the Variances, are based on the following statements: A). From the required Minimum Residential Bufferyard of twenty (20) feet to twelve (12) feet for parking on the southeast and south property lines as shown. The proposed plan will have parking for employees at the southeast comer of the site. The Petitioners plan to plant dense evergreen trees along those portions of the property line to buffer the parking from the adjacent properties. The Petitioners also plan to install fencing along those property lines to limit access to the site. Approval of this variance should not have an adverse impact on surrounding properties. B). From the requirement that Outdoor seating shall not be located between a building line and a residential bufferyard to allow for outdoor seating between the south building line and the south residential bufferyard. The site as designed would have an outdoor seating area at the southeast corner of the building where the Deli will be located. This would place the outdoor seating between the south building line and the south property line. The seating will be approximately 190 feet from the south property line and will be screened from the properties to the south by evergreen trees and shrubs as well as existing vegetation. The Petitioners do not believe approval of this variance should not have a negative impact on adjacent properties. C). From the maximum height of thirty -six (36) inches in height for a fence located in a minimum front yard to six (6) feet in height for a fence along Hollywood Boulevard. The Petitioners plan to add ornamental fencing along the perimeter of the site along Hollywood Boulevard which will limit access to the proposed driveway opening. The Petitioners will also be using evergreen screening and existing vegetation to visually buffer the proposed building from the existing homes on the west side of Hollywood Boulevard. Approval of this variance should not have an adverse impact on surrounding properties. D). From the required screening of trash containers to none. The Petitioners are planning to have trash compactor units to reduce the volume of trash removed from the site. These units are incorporated into the design of the building layout. These units and any smaller trash containers would be placed against the west wall of the building. The Petitioners plan to screen the entire view of the building from the west by evergreen trees and fencing which will create a dense visual buffer from Hollywood Boulevard. Approval of this variance should not have a negative impact on adjacent properties. E). From the requirement that trash containers not be located between the front facade of the primary building and the front lot line to allowing trash containers between the west facade of the primary building and the front (west) lot line. With the layout of the building oriented towards Mayflower Road and the main parking area of the facility located on the east side of the site, the placement of the loading area and trash containers /compactors will be on the west side of the building. This site has frontage on three roads. This makes placement of the trash containers difficult not to be located between the front fagade of the building (west wall) and the street. As stated, the Petitioners plan to have a dense buffer of evergreen trees and fencing along this portion of the property which will screen the trash containers from the Hollywood Boulevard. Approval of this variance should not have an adverse impact on surrounding properties. F). From the required "bail out' lane for drive through facilities to none. The drive -up window proposed on the south side of the building is strictly for coffee pick up for patrons. As this is a single menu item, the need for a bail -out lane is not required. The Petitioners do not believe approval of this variance should have a negative impact on any surrounding property. G). From the required landscaping of required perimeter yards and residential bufferyards to landscaping as shown on the site plan. The Petitioners worked with the Area Plan Commission staff to determine the amount of flexibility that could be done in the placement of perimeter landscaping on the project site to still meet the intent of the zoning ordinance. The site will have landscaping as shown which will have trees and shrubs in several locations that will help soften the project edge where it abuts streets and residential properties. Approval of this variance should not have an adverse impact on surrounding properties. H). From the required Foundation Landscaping to landscaping as shown on the site plan. The Grocery Store facility will have a few places where some landscaping can be placed, but for the most part this use does not work well with typical foundation landscaping that is used more with office development and other limited commercial uses. The Petitioners do not believe approval of this variance should have a negative impact on any surrounding property. I). From the required Off - Street Parking Area Screening to none on the east, west, or south parking areas. The Petitioners have worked with the staff to place landscaping where needed to visually break up the view for parking areas on the site. In some places the parking is set back far enough, where any impact from the street is minimal and with the placement of street trees at selected locations, increases the streetscape appearance of the site. Approval of this variance should not have an adverse impact on surrounding properties. J). From the required no off -street loading between the front lot line and the front fagade to allowing loading spaces between front (west) lot line and the west building fagade. This request is similar to the request for the trash containers /compactor. The Petitioners have placed the loading areas as required for the layout of the building. This places the loading areas along Hollywood Boulevard street frontage. As described above, the Petitioners are adding a dense screen of evergreens and fencing along the Hollywood street frontage which will visually buffer the loading areas from the street. The Petitioners do not believe approval of this variance should have a negative impact on any surrounding property. 9) A statement on how each of the following standards for the granting of Variances is met: The Petitioners would state that approval of the requested variances will allow for the site to be developed in a way that works with the surrounding residential and commercial uses, and for the efficient function of vehicles into and out of the site. The streetscape areas will be enhanced with ornamental fencing and a variety of landscape plantings. There will also be dense buffering along certain portions of the site to mitigate any perceived impact of the proposed use to surrounding properties. The Petitioners would state that the approval of the above requested Variances will not be injurious to the public health, safety, morals and general welfare of the community. The Petitioners would also state that the use and value of the area adjacent to the property included in the Variances will not be affected in a substantially adverse manner. The proposed improvements should help to stabilize values for neighborhood properties adjacent to the site. The Petitioners would state that the strict application of the terms of this Ordinance would result in practical difficulties in the use of the property. The strict enforcement of the Ordinance would make any proposed improvements very restricted and create a situation where owners could see a negative impact to their property. 10) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. The Petitioners have supplied a site plan to help show the proposed improvements and reflect the requested Variances. 11) Application for subdivisions should be obtained from the office of the Area Plan Commission. The Petitioners do plan to Replat the shown property into a single larger lot. 12) This Petition is signed by at least (CHECK ONE): _x a. One- hundred percent (100 %) of the owners of the land in the territory sought to be annexed; OR b. Fifty -one percent (51 %) of the owners of the land in the territory sought to be annexed; OR c. The owners of seventy -five percent (75 %) of the total assessed value of the land to be annexed. 13) Attached, and made a part of this PETITION, is: (a) 17 copies of the site plan; (b) A list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (c) Addressed, stamped envelopes for all property owners within 300 feet of the petition property. 14) CONTACT PERSON: Name: Danch, Harner & Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 Phone Number with Area Code: 574- 234 -4003 E- mailAddress: mdanch @danchharner.com Signature(s) of All Property owner(s), or signature of Attorney for all property owner(s): G� Al. Fk� Name: Edward Hardig, Managerfor Cynty Development LLC 131 South Taylor Street South Bend, Indiana 46601 (574) 807 -0170 E -Mail Address: N/A County Development LLC 131 S Taylor St South Bend, IN. 46601 Tax Key # 017 1034 0951 Chester & Vivian Kolber Rev Trust 56701 Mayflower South Bend, IN. 46619 Tax Key # 017 1034 0959 Harry & Angela Kowalski Karen Kazmierzak 56680 Hollywood South Bend, IN. 46619 Tax Key # 017 1034 093701 County Development LLC 131 S Taylor St South Bend, IN. 46601 Tax Key # 017 1034 0936 Equity Trust Company Custodian 58200 Peach Rd South Bend, IN. 46619 Tax Key # 018 4142 5568 Martin & Denise Lentych 56595 Hollywood South Bend, IN. 46619 Tax Key # 017 1034 0912 Jeffery & Jean Boocher 56577 Hollywood BI South Bend, IN. 46619 Tax Key # 017 1034 0911 Crystal Waterson 518 Clearview South Bend, IN. 46619 Tax Key # 018 4142 5562 Kyle Zeller 56685 Mayflower Rd South Bend, IN. 46619 Tax Key # 017 1034 0958 Property Owners Within 300 Feet IBEW Local 1392 Steven Kronberger Life Estate for 56436 Strasser Ln Joseph Kronberger South Bend, IN. 515 Clearview South Bend, IN. 46615 Tax Key # 017 1072 072 2 2728 Tax Key # 018 4142 5566 Nicole Mitchell Revocable Trust Steven & Teresa Nomos 23573 Ford St 56700 Hollywood Blvd South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 017 1074 2780 Tax Key # 017 1074 2778 Alvaro & Maria Rangel County Development LLC 56673 Mayflower 131 S Taylor St South Bend, IN. 46619 South Bend, IN. 46601 Tax Key # 017 1034 0957 Tax Key # 017 1034 093601 Harry & Betty Depoy Maximiliam Olivarez George & Suanne Walters 5221 Mayfair PL 56921 Rush Rd South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 4142 5569 Tax Key # 017 1034 0897 Equity Trust Company County Development LLC 58200 Peach Rd 131 S Taylor St South Bend, IN. 46619 South Bend, IN. 46601 Tax Key # 018 4142 5567 Tax Key # 017 1034 0952 MAROM LLC County Development LLC 56629 Mayflower 131 S Taylor St South Bend, IN. 46619 South Bend, IN. 46601 Tax Key # 017 1034 0954 Tax Key # 017 1034 095401 County Development LLC County Development LLC 131 S Taylor St 131 S Taylor St South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 017 1034 0934 Tax Key # 017 1034 0950 Eugene Piechocki Kathryn Gibbons 56605 Hollywood Blvd 56690 Hollywood BI South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 017 1034 091201 Tax Key # 017 1034 0958 Harry & Angela Kowalski County Development LLC Karen Kazmierzak 131 S Taylor St 56680 Hollywood Blvd South Bend, IN. 46601 South Bend, IN. 46619 Tax Key # 017 1034 0935 Tax Key # 017 1034 0937 Jacques & Carmen Stebenne 609 S Clearview South Bend, IN. 46619 Tax Key # 018 4138 5441 Theresa Cruz 1627 Southeast Dr South Bend, IN. 46614 Tax Key # 017 1034 0955 Barry Urban 521 S Clearview South Bend, IN. 46619 Tax Key # 018 4142 5565 Gregory Sr. & Kathryn Glabreath 23674 State Rd. 2 South Bend, IN. 46619 Tax Key # 017 1034 0891 Jeffery & Jean Boocher 56577 Hollywood BI South Bend, IN. 46619 Tax Key # 017 1034 091101 County Development LLC 131 S Taylor St South Bend, IN. 46601 Tax Key # 017 1034 0928 Superclean Corporation 5222 Western Ave South Bend, IN. 46619 Tax Key # 017 1034 0929 Kelly Shubert 5304 Scenic Dr South Bend, IN. 46619 Tax Key # 018 4138 5442 Come Roque Partida 540 Clearview South Bend, IN. 46619 Tax Key # 018 4138 5486 County Development LLC 131 S Taylor St South Bend, IN. 46601 Tax Key # 017 1034 0953 Wayne Scott Inc Attn; Gregory Lyzun & Pat Hurley South Bend, IN. 46619 Tax Key # 017 1034 0892 Joseph & Veronica Gondocs 56547 Hollywood Blvd South Bend, IN. 46619 Tax Key # 017 1034 0893 RGFInc 51519 Indiana State Route 933 South Bend, IN. 46637 Tax Key # 018 4129 504307 Nick & Irene Soley Rev Living Trust 5303 Scenic Dr South Bend, IN. 46619 Tax Key # 018 4142 5563 Michael & Phyllis Phillips 531 S Clearview PI South Bend, IN. 46619 Tax Key # 018 4142 5564 KLT Properties LLC 25163 Kalmia Ct South Bend, IN. 46619 Tax Key # 018 4129 504309 Veldmans Inc 5316 Western Av South Bend, IN. 46619 Tax Key # 018 4129 504303 County Development LLC 131 S Taylor St South Bend, IN. 46601 Tax Key # 017 1034 0933 Diocese of Ft.Wayne SB Inc 56405 Mayflower South Bend, IN. 46619 Tax Key # 017 1005 0204 Annexation Diagram tlt 12 A- 5043.55 EAST EAST /N 2 WESTERN AVE._ ---- ---hV. 0 — . /46 70 r T T 290 T -0911 2 9u.o1 G �o -09/2 1~O 09/.01 K M ]o 7 70 9 90 }i 1 198 9 92 "a 1 I o 54 1 -0936 j o 601± 171 34 09-0950 -_ O n 30937.0/ 70.0957 3 o Ise 4 -2779 7/•0968 ' J — ]yo — ' O 14o Z (7107 2J0 72.0959 00 f4iV a .- Danck Harner &A66aciateia, Land Surveyors • Professional Engineers Landscape Architects- Land Planners Office: (574)234 -4003 / (800)594 -4003 • Fax: (574)234 -4119 1643 Colfimerce Drive • South Bend, IN 46628 B - -6049.07 WES kfF6FERN Zk 50/43.03 n /..00 ___ 283.38 — R43.35 0 5043.09 7BS /25 n 784 m -5565 u J n 783 n -5564 0 0 782 u -5503 i^v J z5 14- I0 S6 EN10 x 705 z5442B 18 -4138 " n „704 -5441 „ NORTH M5 „703 -6418„ SCALE 1"=200' =702-5417: " 2 B - -6049.07 WES kfF6FERN Zk 50/43.03 n /..00 ___ 283.38 — R43.35 0 5043.09 7BS /25 n 784 m -5565 u J n 783 n -5564 0 0 782 u -5503 i^v J z5 14- I0 S6 EN10 x 705 z5442B 18 -4138 " n „704 -5441 „ NORTH M5 „703 -6418„ SCALE 1"=200' =702-5417: " 2 2 Annexation Diagram Annexation Legal Description: A part of the Northwest and Southwest Quarters of Section 8, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, which is described as: beginning at the intersection of the West Right -of -way line of Mayflower Road with the North right -of -way line of Western Avenue; thence East a distance of 40 feet more or less to the Centerline of said Mayflower Road and the existing Corporation line for the City of South Bend; thence South along said Centerline and Corporation line a distance of 829 feet more or less to a point of intersection of said Centerline and Corporation line with the Easterly extension of the South right -of -way line of Huron Street; thence West along said Easterly extension and South right -of- way line a distance of 240 feet more or less to the Northeast corner of a parcel of ground identified with Tax Key Number 17- 1034 - 095401 in the Records of the Auditor's Office of St. Joseph County, Indiana; thence South along the East line of said Parcel a distance of 150 feet more or less to the South line of Lot # 68 in the Plat of "Grouse's Addition" as recorded in the Records of the St. Joseph County, Indiana Recorder's Office; thence West along the South line of said Lot # 68 and Lot # 67 in said Plat a distance of 390 feet more or less to the East right -of- way line of Hollywood Boulevard; thence continuing West a distance of 60 feet more or less to the West right -of -way line of said Hollywood Boulevard; thence North along said West line a distance of 610 feet more or less; thence East a distance of 200 feet more or less to the Northeast corner of a Parcel of ground identified with Tax Key Number 17 -1034 -0928 in the records of said Auditor's Office; thence South along the East line of said Parcel a distance of 100 feet more or less to the North line of Lot # 56 in said Plat; thence East along said North line a distance of 160 feet more or less to the Southwest corner of Lot # 61 in said Plat; thence North along the West line of said Lot # 61 and its' Northerly extension a distance of 474 feet more or less to the North- right -of -way line of said Western Avenue; thence East along said North line a distance of 290 feet more or less to the point of beginning. Containing 10.99 acres more or less. Danck Harner &A6earciate�, Ins Land Surveyors - Professional Engineers Landscape Architects- Land Planners Office: (574)234 -4003 / (800)594 -4003 . Fax: (574)234 -4119 1643 Cojnmerce Drive • South Bend, IN 46628 2 ""A001el Uanch, flarner &V �Issociates, lnc. Land Surveyors 0 Professional Engineers Landscape Architects . Land Planners Office: (574)234 -4003 / (800)594 -4003 IN Fax: (574)234 -4009 1643 Commerce Drive ■ South Bend, IN 46628 Honorable Members of the City of July 3, 2015 South Bend Common Council 4'h Floor County-City Building South Bend, Indiana 46601 RE: Annexation & Rezoning Petition for County Development LLC, Mayflower Road and Western Avenue, South Bend: Dear Council Members: Our clients are requesting the approval of an Annexation and Rezoning Petition for their properties located at the southwest corner of Mayflower Road and Western Avenue, South Bend, Indiana. This requested Annexation and Rezoning would allow for the constriction of a new Grocery store and the continued operation of an existing restaurant which will serve the residents on the west side of South Bend. The proposed improvements require annexation and rezoning of the properties to the CB Community Business District classification. Our clients believe the improvements proposed would fit with the mixed uses of commercial and residential in this well established neighborhood of South Bend and St. Joseph County. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, Michael J. Danch President Danch, Hamer & Associates File No. 150118 "C" Md. (S tl I kj�" �- RESOLUTION 1Zt10. t. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF STONING APPEALS FOR THE PROPERTY LOCATED AT 3016 Portage Ave. South Bend, IN 46601 WHEREAS, Indiana Code Section 36- 7- 4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval, and WHEREAS, the Common Council must take. action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the.Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 3016 Portage Ave. South Bend, IN 46628 in order to permit to construct and operate a telecommunications facility on a property classified SF 1 and variances: 1. From the required hard surface acces" ,t§,a gravel drive. 2. From required landscaping to no landscaping as it is located in a wooded area with agricultural surroundings. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION 111. The Common Council of the City of South Bend, Indiana, hereby finds that: SEHV' . The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 1. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 2. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 3. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED NOT APNROS ACOPTED Member of the Common Council ,tltje b , G arc 44v j�se4 I{4 iYYSi.1.. 8rd Filed in Clerk's Office LAN 0JUN 09 2015 J JOHN CITY CLERK, SOUTHD END, IN i+ CHARLES S HAYES 814 MARIETTA STREET SOUTH BEND, IN 46601 TM May 29, 2015 Area Board of Zoning Appeals of St. Joseph County, Indiana 125 South Lafayette Blvd. Suite 100 South Bend, IN 46601 RE: Special Exception Use and Variance of Developmental Standards Telecommunications Facility 3016 Portage Ave South Bend, IN 46628 Township: Portage Zoning Classification: Single Family To the Honorable Board: WW W.TELECOMPARK.COM T +574.233.1296 F +574.232.4609 Charles S. Hayes Inc. (Hayes) is hereby applying for a Special Exception Use and a Variance of Developmental Standards to construct a 195' (200' overall) telecommunications facility on property classified SF 1. The property is located at Portage Manor, a facility owned by St. Joseph County at 3016 Portage Ave. The Variance of Developmental Standards is as follows: 1) From the required hard surface access to a gravel drive. 2) From required landscaping to no landscaping as it is located in a wooded area with agricultural surroundings. Legal Description That property known as Portage Manor. With the legal description being: 113.89Acs E Portage Ave Less 1.269 Acs + -to City for Portage Av Imprvmnt Proj 112.621 Ac +- 08/09 split to city for street 474QCD 3 -20- 07. Pa jectDescription The project will include a 195' high (200' overall) monopole type radio communications tower, various equipment shelters, equipment platforms, generators and related equipment. Yours truly, G'6, t1r, Aa7,D Anne Hayes Vice President Charles S Hayes Inc. INFRASTRUCTURE FOR THE TELECOMMUNICATIONS INDUSTRY,. GENERAL STANDARDS FOR SPECIAL EXCEPTION USES 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The Special Exception Use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare because the compound will be securely fenced and no dangerous materials or equipment will be used at the site. 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed project is supported by the administrators and board members of Portage Manor. The tower will be located in an area away from the Portage Manor residence building and surrounded by trees. 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The proposed tower will be located in a wooded area approximately 850 feet from Portage Avenue. 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan because it will not place demands on public services and facilities in excess of current capacity because no sewer or water or other public services are required at the site, and adequate electric service is available. The facility is necessary to further develop existing and new wireless networks. ooaroor zoning Appeals csl.Arn (.. Of St. Joseph County, Indiana 125 South Lafayette Blvd. Suite 100 South Bend, Indiana 46601 RE: Support for telecommunications tower at Portage Manor Dear Board Members: Please be advised that Charles 5, Hayes Inc. has been directed to represent our interest at the BZA meeting at which this petition is to be considered, Sincerely, n LAL &C, - yo16. ✓AorCrufa (?�.nrura • p�wetJ s exd, raiaruc 46'6:28 • (574) 27$ -9 00 • %ate (574) 177- :1486' Exhibit A. Exhibit B. Service Plan Site Plan Table of Contents Exhibit C. Aerial View of all Properties within 300' of Property in Petition and Names and Addresses of Property Owners within 300' of Property in Petition Exhibit D. Copy of Notice to Adjacent Property Owners & Copy of Notice of Public Hearing for Publication Exhibit E. City Map of Towers within One Mile and City Map of all towers Exhibit F. FAA Application Exhibit G. Color photo simulations EXHIBIT A WIRELESS TELECOMMUNICATIONS FACILITY SERVICE PLAN FOR ST. JOSEPH COUNTY 01 July 2015 The Petitioner, Charles S. Hayes Inc., is seeking a Special Exception Use to allow for a 195'(200' overall) monopole -type telecommunication tower and equipment buildings on property classified SF 1. Hayes also seeks a Variance of Developmental Standards for the proposed tower, from a hard surface access drive to a gravel access drive, and from landscaping to no landscaping. Reason or need: Charles S. Hayes Inc. has a longstanding history in St. Joseph County for communication infrastructure through ownership, construction and management of radio communication facilities. The company's goal is to minimize the proliferation of towers in the community while maximizing the number of various types of carriers on them. The need for a variety of carriers in an area, demand for cellular phone minutes and the explosive growth in usage of data transmission will only increase with the continued request for services in the City of South Bend. Hayes feels this site will be optimal for wireless and internet carriers. !Nature of any existing wireless communication facilities sites: There are no existing wireless communication facilities located within a one mile radius of the proposed site. Please refer to the "TOWERS WITHIN ONE MILE" map included in the application. The proposed 195' (200'overall) monopole -type structure will facilitate wireless communication services to residents and businesses of South Bend. The tower will be located over 800' from Portage Avenue, will be surrounded by a wooded area, and will not require lighting. The use and value of the adjacent area will not be affected in a substantially adverse manner. Rather, the value of the surrounding property and community increases with the availability of high quality radio communication services that provide for new technologies and improved emergency services. M. POWER AND TELCO L_j i pol, PROPOSED GRAVEL ACCESS DRIVE 20' WIDE GATE 01w., soul ST.. 6' CHAIN LINK F1 (4)12'X41 OR PL WwFrw rr � tint WwFrw rr ... . . . . . .... 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Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 Fax: (574) 235 -5541 NOTICE TO ADJACENT PROPERTY OWNERS: You are hereby notified that a public hearing will be held by the Board of Zoning Appeals of the City of South Bend, on Wednesday, the I" day of July, 2015, at 1:30 p.m. in the Council Chambers on the 4`r' Floor of the County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana. A petition is on file by Charles S. Hayes Inc. 814 Marietta Street South Bend, IN 46601 SEEKING: A Special Exception Use and a Variance of Developmental Standards to construct a 195' (200' overall) telecommunications facility on property classified SFI. The Variance of Developmental Standards is as follows: 1. From the required hard surface access to a gravel drive. 2. From required landscaping to no landscaping as it is located in a wooded area with agricultural surroundings. ON PROPERTY COMMONLY DESCRIBED AS: Portage Manor: 3016 Portage Avenue, South Bend, IN 46628 Said public hearing will be held as authorized by the applicable zoning Ordinance and Chapter 138, Acts of 1957 of the General Assembly of the State of Indiana. As a property owner within the immediate appeal area, this notice is sent to you as a courtesy. Sometimes, for reasons beyond our control, property owners within the immediate area of the subject property will not receive a copy of this notice. If you know of someone who should have received notice but didn't please inform them of this hearing. Any persons desiring to oppose or support this petition will be heard at the time of the hearing. AREA BOARD OF ZONING APPEALS -0 i • Carolyn A. Henry Secretary to the Board NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Area Board of Zoning Appeals will hold a public hearing in the Council Chambers on the 4th Floor of the County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana on the I st day of July, 2015, at 1:30 p.m. or as soon thereafter as the matter can be heard. This hearing is for the purpose of considering a petition that was filed by: Charles S. Hayes Inc. 814 Marietta Street South Bend, IN 46601 SEEKING: A Special Exception Use and a Variance of Developmental Standards to construct a 195' (200' overall) telecommunications facility on property classified SF 1 on certain real estate in St. Joseph County, Indiana. The Variance of Developmental Standards is as follows: from the required hard surface access to a gravel drive, and from required landscaping to no landscaping as it is located in a wooded area with agricultural surroundings. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: Portage Manor: 3016 Portage Ave. South Bend, IN 46628 AND IS LEGALLY DESCRIBED AS: 113.89 Acs E Portage Ave Less 1.269 Acs + -to City for Portage Av Imprvmnt Proj 112.621 Ac+ -08/09 split to city for street 474QCD 3- 20 -07. Any person desiring to oppose or support said petition will be heard at that time. Dated this 3rd day of June, 2015 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND Carolyn A. Henry, Secretary to the Board TO THE PETITIONER: It is your responsibility to complete this form correctly and deliver it to the Secretary of the Board of Zoning Appeals with the other papers at the time of original filing. Once it is signed by the Secretary, then it is your responsibility to make arrangements to have publication of notice made in a local newspaper having general circulation in St. Joseph County. Such notice must be published one (1) time, being at least ten (10) days prior to the date on which the public hearing is to be held. Proof of publication must be presented to the Board at the time of public hearing. m DR 0 a DeLorme Street Atlas USA® 2011 WITHIN 1 MILE,WnshV Pam !Hayes Proposed Tower'. Ja a PNhook Perk Date use subject to license. T+x ® DeLorme. DeLorme StreetAflas USA® 2011. v .Aelorme.com Scale 1 : 19,200 V= 1.600.0 rt Data Zoom 134 �a z y 13 !7 v m a� d' c 1° O c m � 0�0 'C V O � d G = C1 O � N 7 O � V O C V 3 O o C1 N O O N i" i' ii i 1 0 0 LL N LLl � 0 N d G 7 � m O CO � v d 0 •V O y o EV E U= r O V N O 0 N �, p:.:;; ,. jH��y C 6..� Pi`1�,; iI J� �. �,� alai.!•.- ���� :-lW 0 Federal Aviation Administration Notice of Proposed Construction or Alteration - Off Airport Add a new Case Off Airport Desk Reference Guide V_2015 19 Add a New Case OH Airport for Wind Turbines - Mel Towers- Desk Reference Guide V 201510 Project Name: CHARL - 0003 ;8079-15 'Case Status �Affb 201SAGL-fi t 'Ctolus: Work In Progress PuhNccdmmcnfa: Nona u OE /AAA Sponsor: Charles S. Hayes Inc. Details for Case : Portage Manor Show Project Summary Construction / Alteration Information Notice 01: Omelet ctlon Duration: PemanaN If Temporary) Months: Days: Work Schedule - Start: Work Schedule - End: 'For temporary cranes -Does the permanent structure require separate OOHM to the FAA} To find oup use the Notice Criteria TOOL Ifselunn a nofice is required, please ensure it is flood. If It IS not filed, please state the reason In the DescNplion of Proposal. State Filing: SIruCIJfe Detaib Smith tend taiNuder p° a]' 6.90- N Longitude: eE` IV 18.00" W HarbontW Datum: NAb83 site Elevation (SE): 733 (nearest root) structure Height (AGL): 200 (nearest fast) current Height Al (nearest TOIL) • For notice of a /ferapon or existing provide the .,or monopole lower he proposed. AGL height oI the existing structure. wH Include details in the Description of proposal W Minimum Operating Height (AGL): (nearest foot) For monehi utica /study dfa crane or epnsNucflon equipment the maximum height should be listed above as the Structure Height (AGL). Additionally, provide the mlydmum operating height to avoid delays I / Impacts are Identffled that require negotiation to a reduced height. If the Structure Height and minimum operating height ere the same enter the same value In ban, mods. Nacelle Height (AGL): <For Wind Turbines 500ft AGL or greater Requested Marking / Oghting: Recommended Maridng /Lighting: Current Marking /Lighting: (nearest (oot) Mae Other: N/A Proposed Structure Other: Nearest City: Smith tend Nearest stale: MOM. Description of Location: lawn, wmAd ba loodod al W16 On the Protect Summary page upload any certified survey. Portage Ave, Soul B rrN, IN Description of Proposal: TIES Is a Comm olgtbn facility an4 designed to accomodate various MW communication heads. A 195 W monopole lower he proposed. Pa::Ats Previous Search Nexta Result Date Accepted: 05/28/2015 Dato amormtned: LAltera' None lNowerM/i: No" PmIeR (Ncuments: None Structure Summary Structure TYPO: Antenna Tower Structure Name: Fodage Har10r ll NUTAM: NOTAMNUmhm: FCC Nunlllen Fdof A50: COmmon Frequency Bands Low Fraq High Frig Frey Unit EM FAP UM ago aD0 MHr 1000 W an4 BH MW Saes W BN A09 wH SOU W BSt 60 cep 500 W WW trgi wir Soo W Mf Sol wn SRI W M1 907 tlHr Y W ON 111 MI, 3500 W 011 '932 MI 75M W oI 9)2.5 MII 17 dBW 935 sea Ron IDM W 910 Ml Hnr ]SM W IiSe IOIO wlr 1ar9 W HIM 5OM MI LEAD W 2705 2710 NHr 200o W "IS YJM WQ IoM W Specific Frequencies t \ P. lip VV e��y IAI 1 i 4 d 1 11 y 1 I 1 t �ILF �c r b a' j^ _ 1 t t �ILF �c b a' j^ rN t t �y^jI rt E F- 7 . i t, 1 Y1 y 4V •:.,i 14 if .. ye C LAWRENCE P. MAGLIOZZI Ids EC U"rlvE nlx ecTOR Angela M. Smith Drl „1, Di-1— PAREA PLAN COMMISSION OF ST.JOSEPHCOUNTY, IN "I I- JbFFER50N BLVD., ROOM IltO C11NTY "CI "I'1 BUILDING, SOU'T'H BEND, INDIANA 466111 ( 5 7 4 1 135 "9571 June 24, 2015 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning items to be heard at the Area Board of Zoning Appeals meeting on Wednesday, July 1, 2015. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances(IC 36 -7 -4- 918.5) A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. 1. Petition of Mark A. Tarner Staff recommends denial of the variances. The staff does not see any practical difficulties present on the site that would require the structure to be placed 3' from the property line. There appears to be more than sufficient room on the site to place the garage at the required setback. It is the staff s opinion that the combination of the height of the proposed structure and its proximity to the property line may compromise the full use and enjoyment of the adjacent property owner's backyard. The proposed structure would be approximately the same height as the adjacent house. Staff agrees with the petitioner that carriage houses had a second story, but disagrees that this is typical for this neighborhood. The staff further notes that the layout of the second story would be defined as a dwelling unit. A second dwelling unit is not permitted without a special exception. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W w. s T 10 s E PH C O U N T Y i N p: A N A. C O H I A RE A Y L AN 2. Petition of Jose A. and Lydia Pedraza Staff recommends denial of the variance. The County Council is currently considering amending the County Zoning Ordinance to allow domestic chickens to be raised on residential lots of less than 5 acres. The intent of the regulation would be to enable residents to responsibly keep a small number of chickens on a non - commercial basis while limiting the potential adverse impacts of the surrounding properties.The County Health Department would recommend the following requirements be included in any ordinance revision: a minimum of 2 acres; • a limit of 6 birds per 2 acres; • weekly cleaning of pens and coops; • weekly manure removal; • no storage of manure on site; • no application of manure on site; • 50' setback for all pens and coops; In addition, staff would likely recommend that the ordinance only allow hens and not allow roosters. Guidelines for the management of livestock exist not only for nuisance control, but also to prevent the spread of disease. Staff observed approximately 45 coops placed along the property line of the nearest residential neighbor. Approximately 48 roosters and 0 hens are on premise. Based on the standards the County may consider, this property would not be allowed chickens, since it only has 1.41 acres, and has only roosters and no hens. 6. Petition of Sidney A. and Nancy J. Shafer If the variance is granted, staff recommends it be subject to the remainder being platted as an outlot on a recorded subdivision. 7. Petition of Donald F. and Barbara E. Stuber If the variance is granted, staff recommends it be subject to the remainder being platted as an outlot on a recorded subdivision. 8. Petition of Somachini North America, LLC Staff recommends denial of the parking island variance. There is no practical difficulty for this variance. Ample room exists for the petitioner to build the landscaped parking islands that the ordinance would require. Special Exception / Special Use A special exception use /special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general we fare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND. W W W. ST 10 5 E PH C 0 U N T Y 1 N O 1 A H A. C O M, A RE A P l A N 9. Petition of Toddler House, LLC Based on information available prior to the public hearing, the staff recommends the Special Exception Use be sent to the Common Council with an unfavorable recommendation. The staff recommends that the parking variance be denied. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. Increased traffic to this residential neighborhood, especially multiple times a day, is in the staff's opinion, an inconvenience to, and affects the general welfare of the neighborhood. The petitioner states that she cares for the children of 12 families and employs 3 people, not including herself. Outside of the one -car garage (which is accessed from the alley) there is only enough space for one car to park. It is not clear to the staff where the care - providers park, or where and how the pick -up and drop -off occurs without a disruption to the adjacent residences. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The operation of a business in a single - family neighborhood may reduce the value of surrounding residential properties. Surrounding properties may be negatively affected by any additional traffic and by any persons parking on or in front of their property several times a day. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The current and proposed use is not consistent with the character of the area. This business, operated out of a residential structure that is not owner- occupied, is operating within the North Shore Triangle Neighborhood, which consists almost exclusively of single - family homes. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The current and proposed use is not consistent with the comprehensive plan (City Plan, 2004). Goal J: Encourage sustainable growth that preserves and enhances the character of South Bend and ensures compatibility of land uses in the community. The Future Land Use Map identifies this area for low and medium density residential. 10. Petition of Michael Branch Based on information available prior to the public hearing, the staff recommends the Special Exception Use be sent to the Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general we fare. The proposed use will be located in a building previously occupied by an engineering firm. The industrial building is now vacant. The low- impact use would not be injurious to the public. The site is designed to accommodate the amount of traffic the proposed use would generate. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed use will not affect the surrounding uses or property values. The site is located within a planned industrial park, with more intense uses surrounding it. Required parking for this use is based on square footage of the building. Six batting cages will occupy a large amount of floor area, but only allow for several users. The proposed 16 parking spaces will be sufficient to serve the baseball training facility, whereas the required 80 spaces would pose a practical difficulty. SERVING ST. JOSEPH COUNTY. SOUTH BEND. LAKEVILLE. NEW CARLISLE. NORTH LIBERTY. OSCEOLA $ ROSELAND W W W.ST) 0 S E PH C 0 U N T Y I N O I AN A. C O M A RE A P L AN (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use will be consistent with the character of the area. All properties within 1000' of the site are zoned LI Light Industrial District and are occupied by various commercial and industrial entities. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with the comprehensive plan (City Plan, 2004). Objective ED 1.2: Encourage reuse of abandoned and underutilized land and structures, and Objective ED 2: Retain existing businesses and attract new ones to the city. The Future Land Use Map identifies this area for light industrial development. 11. Petition of Charles S. Hayes Based on information available prior to the public hearing, the staff recommends the Special Exception Use be sent to the Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed use will not be injurious to the public. The proposed location of the cell tower is near the center of a 123 acre parcel. The parcel primarily consists of agricultural fields and mature deciduous forest. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed use will not affect surrounding uses or property values. The nearest off -site residential structure is over 1000' away. The absence of the required landscaping would not be relevant to any adjacent users since the base of the tower will be surrounded by mature trees on three sides, and shielded from Portage Avenue by the rear of Portage Manor's service buildings. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use is consistent with the character of the area. The low density use of the large parcel is conducive to the placement of a cell tower. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with the comprehensive plan (City Plan, 2004). Objective ED 2.5: Support the development and enhancement of telecommunications infrastructure that serves current and future business needs. Sincerely, / Matthew PGChappuies, Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA 8 ROSELAND w M' W. 5 1 10 5 E PH C 0 Y N T Y. N D I A N A. 1 0 M I A RE A P 5 AN AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574)235 -9554 FAX: (574)235 -5541 July 2, 2015 The Honorable Common Council South Bend Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception Charles S. Hayes, Inc. ABZA 7/1/15 Dear Council Members: The above referenced petition of Charles S. Hayes, Inc. was legally advertised on June 11, 201 S. The Area Board of Zoning Appeals gave it a public hearing on July 1, 2015, at which time the following action wastaken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and by a unanimous vote, the petition for Special Exception to allow a telecommunications tower in a "SF1" District, on property located at 3016 Portage Ave., is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Charles C. Bulot, C.B.O. Building Commissioner CCB /cah PETITION OF CHARLES S. HAVES INC. SPECIAL USE AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED SPECIAL USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WLFAFE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED SPECIAL USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED SPECIAL USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS or REVISIONS: DECISION IT IS THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this I ST Day of JULY, 2015. YES NO ❑x MICHAEL URBANSKI ❑O GERALD PHIPPS ABSENT RANDALL MATTHYS O BRENDAN CRUMLISH ❑D KATHYSCHUTH D JACK YOUNG D ROBERT HAWLEY 6 - V it 1, RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 4085 Meghan Beeler Court WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 4085 Meghan Beeler Court in order to permit recreational use for a batting & pitching facility in a "LI" District. SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION M. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council s : PRESENTEp NOT ANNoO % ,kDOPTO Filed in Clerk's Cif Ge b E%JUN 04 2015 E J674 Hs,JJr tYe m CITY CLERK, SOUTH BEND, IN Petition before the Area Board of Zoning Appeals I am seeking a Special Exception to allow a recreational use for a batting & pitching facility in a "LI" District as the strict application of the zoning ordinance does not allow for this activity. I am also seeking a parking variance from the required 80 spaces to the available 16 spaces. The property is 4085 Meghan Beeler Court, South Bend, IN 46628. This property is currently zoned "LI ", has 16 parking spaces and is located in the City of South Bend. The petitioner is Michael Branch (buyer) who has made an offer to purchase the property from Steven Kubsch (seller). Petitioner / buyer information is as follows: Michael Branch 2099 East Clear Lake Road Buchanan, MI 49107 #269- 695 -6379 (home) #269 - 208 -3105 (cell) The proposed use of the property is to create an indoor baseball training facility. The business plan is to draw both adults and youth to the facility to both entertain and educate as it relates to the game of baseball. The required 80 parking spaces would cause practical difficulties as additional paving would be required. I believe that the 16 currently available spaces will be more than adequate for the business because, per the site plan, we will only have 6 batting /pitching cages which will limit the number of patron vehicles that would be present at one time to 6 plus 2 to 3 spaces for employees. Therefore, the 21 available spaces will easily accommodate both patrons and employees at any given time. It should be noted that the "open" space on the site plan is for cage observation only and any people occupying that space would be in the same vehicle as the patron in the cage. I believe the proposed baseball training facility will not be injurious to the public health, safety, comfort, moral standards, convenience or general welfare of the community as all activities will be conducted inside the building. This business will not create any noise, odor or visual obstructions for anyone in the area. I believe the proposed baseball training facility will not injure or adversely affect the use of the adjacent area or property values therein mainly for the reasons outlined above. In fact, I think this facility will have a very positive effect on the surrounding area. This business will draw people from both Northern Indiana and Southwest Michigan to this part of South Bend which will benefit the shopping and dining establishments located nearby. It should also be noted that our business hours will be 3:00pm to 8:00pm on weekdays and 10:00am to 6:00pm on weekends so will have very little impact on the properties nearby. I believe the proposed baseball training facility will be consistent with the character of the district in which it is located and the land uses authorized therein. As part of the business plan I have visited similar facilities in Chicago, Detroit and New Jersey and without exception they are located in light industrial districts mainly because of the building requirements to conduct this type of activity (high ceilings with warehouse type wide open space). There are also smaller athletic training facilities located locally that operate in similar surroundings. Finally, I believe that the proposed baseball training facility will be compatible with the recommendations of the City of South Bend Comprehensive Plan. Thank you for our con 'deration. Michae ' anc CU,6' (p 17�7t> QV6 3 lzyt :-(AG63 14�7� CSC L t2y 70, V Co -,rv� F Atop 7z,7r.76 S�O, Q% 6K, y- 35, 0 35j, Z,966 CuFv t9&pen Y6161 - 60. (3 ƒ � � 2 2 \ 6 : � — . � 2 2 \ 6 : N � < / in \ � \ � 2» N � < / in \ N �rro aooeor C N N t0 N (O N CD N C a aDa T c C c c U m N m m m N c L L L L c c 0 0 0 o o OF- mOmmmF- F- U W `m `m T� L N A W c m m = Nc d c r C O c a J a N L O o n O o m m o ¢i =c9c7 a) o aF C) o m o u�wrpr O° °OVaIt U J J U) w U � J Ir Z w H U W W Q?a aJ0 EzWa Paz co mQF -U�=U¢ m Z U} J m w Z .6 Co � — 0U) yY OJU) a 2 ow ow ww mm ow S TO p_N N N N N N N M a v v v v VT CL 0 azzzzzzz c c c 2 c 2 c T d d N N N N N U L L L L L L L 2m J mm on 0 0 0 0 0 0 a w m rn cn 0 Fnm<n U U U U U Nw w w x F-a� y J J J J U J N= 2 S= Lu 2 w LLI 'ao W° W W W J W ¢mIr mmmWm ozozzzwz am<mmmzm awwwww=w Q�W���w� O,r J� 0tO wN 2,U�or m�0 avovvvaov r v( m v� N 0 0 0 0 �rrrrrrr c 0 0 0 0 0 0 0 009999999 a N � a o 0 0 0 0 0 0 LAWRENCE P. MAGLIOZZI C EXECUTIVE DIRECTOR Angela M. Smith D �.pmy Uir.., ur AREA PLAN COMMISSION OF ST.JOSEPHCOUNTY, IN 227 W. JEFFERSON BLVD., ROOM IIi,, Co UN 'F Y- CITY BUILDING. SOUTH BEND, INDIANA 46601 (i]i) 235 -9 5 7 1 June 24, 2015 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning items to be heard at the Area Board of Zoning Appeals meeting on Wednesday July 1 2015. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances(IC 36 -7 -4 -918. S) A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. 1. Petition of Mark A. Tarner Staff recommends denial of the variances. The staff does not see any practical difficulties present on the site that would require the structure to be placed 3' from the property line. There appears to be more than sufficient room on the site to place the garage at the required setback. It is the staff's opinion that the combination of the height of the proposed structure and its proximity to the property line may compromise the full use and enjoyment of the adjacent property owner's backyard. The proposed structure would be approximately the same height as the adjacent house. Staff agrees with the petitioner that carriage houses had a second story, but disagrees that this is typical.for this neighborhood. The staff further notes that the layout of the second story would be defined as a dwelling unit. A second dwelling unit is not permitted without a special exception. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA R ROSELAND W W W.51105 EPH C 0 U N T'I N O I A N A. C 0 HI A REAP L AN 2. Petition of Jose A. and Lydia Pedraza Staff recommends denial of the variance. The County Council is currently considering amending the County Zoning Ordinance to allow domestic chickens to be raised on residential lots of less than 5 acres. The intent of the regulation would be to enable residents to responsibly keep a small number of chickens on a non - commercial basis while limiting the potential adverse impacts of the surrounding properties.The County Health Department would recommend the following requirements be included in any ordinance revision: • a minimum of 2 acres; • a limit of 6 birds per 2 acres; weekly cleaning of pens and coops; • weekly manure removal; • no storage of manure on site; • no application of manure on site; • 50' setback for all pens and coops; In addition, staff would likely recommend that the ordinance only allow hens and not allow roosters. Guidelines for the management of livestock exist not only for nuisance control, but also to prevent the spread of disease. Staff observed approximately 45 coops placed along the property line of the nearest residential neighbor. Approximately 48 roosters and 0 hens are on premise. Based on the standards the County may consider, this property would not be allowed chickens, since it only has 1.41 acres, and has only roosters and no hens. 6. Petition of Sidney A. and Nancy J. Shafer If the variance is granted, staff recommends it be subject to the remainder being platted as an outlot on a recorded subdivision. 7. Petition of Donald F. and Barbara E. Stuber If the variance is granted, staff recommends it be subject to the remainder being platted as an outlot on a recorded subdivision. 8. Petition of Somachini North America, LLC Staff recommends denial of the parking island variance. There is no practical difficulty for this variance. Ample room exists for the petitioner to build the landscaped parking islands that the ordinance would require. Special Exception / Special Use A special exception use /special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (I) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. ST) 0 S E PH C O U N T Y INO I AN A O N IA R E A P L AN 9. Petition of Toddler House, LLC Based on information available prior to the public hearing, the staff recommends the Special Exception Use be sent to the Common Council with an unfavorable recommendation. The staff recommends that the parking variance be denied. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. Increased traffic to this residential neighborhood, especially multiple times a day, is in the staff's opinion, an inconvenience to, and affects the general welfare of the neighborhood. The petitioner states that she cares for the children of 12 families and employs 3 people, not including herself. Outside of the one -car garage (which is accessed from the alley) there is only enough space for one car to park. It is not clear to the staff where the care - providers park, or where and how the pick -up and drop -off occurs without a disruption to the adjacent residences. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The operation of a business in a single - family neighborhood may reduce the value of surrounding residential properties. Surrounding properties may be negatively affected by any additional traffic and by any persons parking on or in front of their property several times a day. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The current and proposed use is not consistent with the character of the area. This business, operated out of a residential structure that is not owner- occupied, is operating within the North Shore Triangle Neighborhood, which consists almost exclusively of single - family homes. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The current and proposed use is not consistent with the comprehensive plan (City Plan, 2004). Goal J: Encourage sustainable growth that preserves and enhances the character of South Bend and ensures compatibility of land uses in the community. The Future Land Use Map identifies this area for low and medium density residential. 10. Petition of Michael Branch Based on information available prior to the public hearing, the staff recommends the Special Exception Use be sent to the Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed use will be located in a building previously occupied by an engineering firm. The industrial building is now vacant. The low- impact use would not be injurious to the public. The site is designed to accommodate the amount of traffic the proposed use would generate. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed use will not affect the surrounding uses or property values. The site is located within a planned industrial park, with more intense uses surrounding it. Required parking for this use is based on square footage of the building. Six batting cages will occupy a large amount of floor area, but only allow for several users. The proposed 16 parking spaces will be sufficient to serve the baseball training facility, whereas the required 80 spaces would pose a practical difficulty. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. ST 10 5 E PH C 0 V N T Y I N V I A N A. C O N l A R E A P L AN (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use will be consistent with the character of the area. All properties within 1000' of the site are zoned LI Light Industrial District and are occupied by various commercial and industrial entities. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with the comprehensive plan (City Plan, 2004). Objective ED 1.2: Encourage reuse of abandoned and underutilized land and structures, and Objective ED 2: Retain existing businesses and attract new ones to the city. The Future Land Use Map identifies this area for light industrial development. 11. Petition of Charles S. Hayes Based on information available prior to the public hearing, the staff recommends the Special Exception Use be sent to the Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed use will not be injurious to the public. The proposed location of the cell tower is near the center of a 123 acre parcel. The parcel primarily consists of agricultural fields and mature deciduous forest. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed use will not affect surrounding uses or property values. The nearest off -site residential structure is over 1000' away. The absence of the required landscaping would not be relevant to any adjacent users since the base of the tower will be surrounded by mature trees on three sides, and shielded from Portage Avenue by the rear of Portage Manor's service buildings. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use is consistent with the character of the area. The low density use of the large parcel is conducive to the placement of a cell tower. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with the comprehensive plan (City Plan, 2004). Objective ED 2.5: Support the development and enhancement of telecommunications infrastructure that serves current and future business needs. Sincerely, Matthew PGChappuies, Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W w w. ST 10 5 [ PH C 0 U H T r i n o I A H A � � H IA I IA P I A AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574)235 -9554 FAX: (574)235 -5541 July 2, 2015 The Honorable Common Council South Bend Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception Michael Branch ABZA 7/1/15 Dear Council Members: The above referenced petition of Michael Branch was legally advertised on June 18, 2015. The Area Board of Zoning Appeals gave it a public hearing on July 1, 2015, at which time the following actionwastaken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and by a unanimous vote, the petition for Special Exception to allow a recreational use for a batting & pitching facility in a "LP' District, on property located at 4085 Meghan Beeler Court, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Since���G Charles C. Bulot, C.B.O. Building Commissioner CCB /cah PETITION OF MICHAEL BRANCH SPECIAL USE AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED SPECIAL USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WLFAFE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED SPECIAL USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED SPECIAL USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS or REVISIONS: DECISION IT IS THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 1 ST Day of JULY, 2015. YES NO O MICHAEL URBANSKI OO GERALD PHIPPS ABSENT RANDALL MATTHYS O BRENDAN CRUMLISH KATHYSCHUTH © JACK YOUNG ❑O ROBERT HAWLEY VS-M RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 430 PARKOVASH AVE WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 430 PARKOVASH AVE in order to permit A CHILD CARE CENTER IN A "SF2" DISTRICT SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council NOT APPROW& A,DOPTGD to W08 0 en M1.'FY�1K�4� E.u1 �ka� .d ��y d Filed in Clerk's t3ffice JUN 09 2015 JOHN YOO-RDE CITY CLERK, SOUTH SEW, IN Emily James Sandock, Toddler House LLC 1250 Belmont Avenue South Bend, IN 46615 mkatish0hotmail.com 574 - 339 -2071 RE: Home at 430 Parkovash, South Bend IN, St. Joseph Township. Petition seeking a Special Exception to allow a daycare center in a "SF2" District and a variance from the required 5 parking spaces to 2. Hello, My name is Emily James Sandock, and I(as my LLC, Toddler House) own a home at 430 Parkovash, where I provide Montessori -based home childcare for infants and toddlers. I'm writing to seek your support in my petition for a special exception to permit me to continue my home child care program in this location, but defined as a daycare center under the city's definition. When I began my childcare program in Oct. 2013, licensed by the state of Indiana as a home childcare, I did not know that there was a zoning ordinance that defines a home childcare as one that operates out of a home in which the teacher /childcare provider resides. This is not a requirement for licensure by the state of Indiana. The special exception that I am seeking from the city would allow me to continue to provide home childcare, but defined as a day care center. I will continue to be licensed by the state as a home child care program, and continue to provide care and a Montessori program and environment for no more than 12 infants and toddlers. I will not be changing my Parkovash home in any way; it's perfect as is (though I hope to expand our gardens!) I believe that my childcare, Little House Montessori in no way negatively impacts the health, safety, comfort, moral standards, convenience, or general welfare of our area. We serve 12 local families, many who live in this and nearby city neighborhoods. These families are all 2 income, hard working families (employers include the City of South Bend, Notre Dame, a local home builder, and several in the medical field) who enjoy that we operate out of a home that retains its "home" atmosphere, while the space is 100 percent dedicated to the babies. We will not harm the character of the district, as I work hard to maintain a beautiful front flower garden, have no sign for my childcare, and will not be adding or changing the layout of the home. I believe that we do not take away from the value of our neighbors properties in any way. I firmly believe we add value to the area as we take great pride in the property and provide a high quality, much needed service. We also support the community by exclusively serving foods purchased through the South Bend Farmers Market and the Purple Porch Co -op. As a single mom of 3 girls, I am proud to be able to support my family through my childcare and employ 3 other local women at a wage higher than I've ever earned in my 16 years working in Early Childhood education here in South Bend. Our use is compatible with the recommendations of the City of South Bend Comprehensive Plan. I very much appreciate your support of this petition so that I can continue to offer the highest quality of Montessori - inspired, loving care to young children in my beautiful home in this neighborhood. Thank you! Emily James Sandock mlzatishPhotmail com 574 - 339 -2071 `� I i,r Ply R5 MR 717., I a2l 41 q� uw - VT ir4R it, 'Mfil RV 18- 5128 -4527 Parcel Variance Adj. Owners 018- 5128 -4530 71 -08 -02- 233 - KERNS 418 Parkovash South Bend IN 46617 005.000 -026 ELIZABETH M Ave 018- 5128 -4531 71 -08 -02 -233- BREWER ANNE 1214 Woodward South Bend IN 46617 006.000 -026 M Av 018 -5128 -4532 71 -08 -02 -233- BRISTOW 410 Parkovash South Bend IN 46617 007.000 -026 NATHANIEL AND PASTERNAK LAINEY 018- 5128 -4533 71 -08 -02 -233- FRICK 406 Parkovash South Bend IN 46617 008.000 -026 KENNETH AND CARY 018- 5128 -4550 71 -08 -02 -233- MCGOWAN 4014th Ave SE Saint Joseph M 56374 019.000 -026 PATRICK L Apt 339 N 018 - 5128 -4551 71 -08 -02 -233- DINSMAN 421 Tonti St South Bend IN 46617 020.000 -026 JOSHUA E & MELISSA L 018 - 5128 -4552 71 -08 -02 -233- ALFONSO 417 Tonti South Bend IN 46617 021.000 -026 ANTONIO AND ANN MARIE ALFONSO FOREO JTWROS 018 -5128 -4553 71 -08 -02 -233- BROCKIE 413 Tonti St South Bend IN 46617 022.000 -026 ROBERT B 018 - 5128 -4554 71- 08 -02- 233 - VENTER ANRE . 409 Tonti St South Bend IN 46617 023.000 -026 & CHRISTINE M 018 - 5128 -4555 71 -08 -02 -233- LINARELLO 405 Tonti St South Bend IN 46616 024.000 -026 DAVID R 018 - 5128 -4556 71 -08 -02 -233- MCMAHON 401 Tonti South Bend IN 46617 025.000 -026 ROSE 018 - 5128- 4557 71 -08 -02 -233 - JAGLA MARY 341 Tonti South Bend IN 46617 026.000 -026 JANE AND ROBERTSON REBECCA 018- 5129 -4571 71 -08 -02 -234- NOBLE 1130 Iroquois South Bend IN 46617 002.000 -026 JONATHAN S 018 -5129 -4572 71 -08 -02 -234 LOGAN DAVID 905 White Oak South Bend IN 46617 003.000 -026 R Dr 018 - 5129 -4574 71 -08 -02 -234 PARROQUIN 412 Tonti St South Bend IN 46617 004.000 -026 RACHEL M 018 -5129- 4576 71 -08-02 -234 CORNWALL 408 Tonti South Bend IN 46617 005.000 -026 VERNON L. AND JANICE A. 018 - 512911577 71 -08-02 -234- SHAWHAN 346 Tonti St South Bend IN 46617 006.000 -026 SUSAN M Pagel of 4 018 -5129 -4573 71 -08 -02 -234- CURRY 425 Wakewa South Bend IN 46617 014.000 -026 MATTHEW R 018 -5135 -4863 71 -08 -02 -229- ADU ISAAC & 1115 Iroquois South Bend IN 46617 012.000 -026 SERWAH HELENA AS JOINT TEN W /ROS NOT AS TIC 018 - 5128 -4534 71- 08 -02- 233 - RILEY BOBBY A 402 Parkovash South Bend IN 46617 009.000 -026 Ave 018 -5128 -4535 71 -08 -02 -233- WALKER 344 Parkovash South Bend IN 46617 010.000 -026 MELBA L & Ave LEAH MAE 018 -5131- 4731 71 -08 -02 -227- LUNDQUIST 513 Parkovash South Bend IN 46617 025.000 -026 NORMA J Av 018138 -5055 71 -08 -02 -232- PHAUP KEVIN 428 Ostemo Place South Bend IN 46617 002.000 -026 BRANDON AND RACHEL MARIE 018 -5138 -5056 71 -08 -02 -232- SLOTT BARRY 424 Ostemo PI South Bend IN 46617 003.000 -026 EUGENE & KATHY A 018 - 5138 -5057 71- 08 -02- 232 - WILLIAMS 420 Ostemo Place South Bend IN 46617 004.000 -026 ANDREW J 018 - 5138 - 5059 71 -08 -02 -232- PENNINO 1220 N Lafayette South Bend IN 46617 006.000 -026 ANTHONY F Blvd 018- 5138 -5060 71 -08 -02- 232 - RIDENOUR 1319 N VanDorn Alexandria VA 22304 007.000 -026 JOSHUA A AND AMANDA M 018 - 5138 -5061 71 -08 -02 -232- KILBASE 404 Ostemo South Bend IN 46617 008.000 -026 RICHARD C 018 - 5131 -4722 71 -08 -02 -227- FAZIO DAVID J 506 Ostemo PI South Bend IN 46617 016.000 -026 & CARMA W 018 - 5131 - 4723 71 -08 -02 -227- VAN HULLE 1235 Iroquois St South Bend IN 46617 017.000 -026 WILLIAM C JR 018 -5138 -5054 71 -08 -02 -232- ROCK JOHN S & 432 Ostemo PI South Bend IN 46617 001.000 -026 RUTHANN 018 - 5131 -4730 71 -08 =02 -227- CAPARELL 519 Parkovash South Bend IN 46617 024.000 -026 GUST & MARTHA G 018 - 5135 -4873 71- 08 -02- 228 - RINEHART 1205 Iroquois South Bend IN 46617 007.000 -026 SCOTT AND KAREN SEE TRANSFER NOTE 018 -5135 -4872 71 -08-02 -228• HAASE JOSEPH 509 Marquette South Bend IN 46617 006.000 -026 C 018 - 5135 - 4869 71- 08-02- 228 - WILFORD 520 Parkovash South Bend IN 46617 001.000 -026 NANCI L Ave Page 2 of 4 018 - 5135 -4874 71- 08- 02 -228- 002.000 -026 018 -5128 -4526 71- 08- 02 -233- 001.000 -026 018 - 5128 -4527 71- 08- 02 -233- 002.000 -026 018 - 5128 -4528 71- 08- 02 -233- 003.000 -026 018 - 5128 -4529 71- 08- 02 -233- 004.000 -026 018 - 5131 -4721 71- 08- 02 -227- 015.000 -026 018 - 5129 -4575 71- 08- 02 -234- 015.000 -026 018- 5135 - 4861 71- 08- 02 -229- 011.000 -026 018 - 5135 -4859 71- 08- 02 -229- 010.000 -026 018 -5129 -4570 71- 08- 02 -234- 001.000 -026 018 -5135 -4857 71- 08- 02 -229- 009.000 -026 018 - 5128 -4548 71- 08- 02 -233- 017.000 -026 018 - 5128 - 4549 71- 08- 02 -233- 018.000 -026 018 -5135 -4870 71- 08- 02 -228- 005.000 -026 018.5131 -4732 71- 08- 02 -227- 026.000 -026 BICKEL JOSEPH 508 Parkovash South Bend AND BICKEL JOSEPH A SEE TRANSFER' NOTE WILLIAMS 434 Parkovash South Bend CATHERINE F 1130 Iroquois South Bend TODDLER 1250 Belmont South Bend HOUSE LLC Ave THE 518 W Marquette South Bend MARY C THE HOUSING 501 S Scott St South Bend AUTHORITY OF South Bend RICHARD J THE CITY OF UCHMAN SOUTH BEND Granger JEFFREY P IN CAPDEVIELLE SNYDER 422 Parkovash South Bend KIMBERLY J ABRAHAM .516 Ostemo P1 South Bend MARVIN C AND SHIRLEY N CURRY 425 Wakewa Ave South Bend MATTHEW R KING ALISSA J 506 Marquette South Bend PELC 3134 Almeria St San Pedro CHRISTOPHER E AND KATHERINE A AND ANDREW PELC TIC NOBLE 1130 Iroquois South Bend JONATHAN S & ZHANG XIN POLKOWSKI 518 W Marquette South Bend MARY C PENNINO 433 Tonti South Bend RICHARD J UCHMAN 15584 Cedar Granger JEFFREY P Cove CAPDEVIELLE 511 Marquette South Bend MATTHEW mi ROEMER 507 Parkovash South Bend SHIRLEY M AS TRUSTEE OF SHIRLEY M ROEMER 1998 REVOC TRUST Page 3 of 4 IN 46617 IN 46617 IN 46615 IN 46601 IN 46617 IN 46617. IN 46617 IN 46617 CA 90731 IN 46617 IN 46617 IN 46617 IN 46530 IN 46617 IN 46617 Page 4 of 4 018 - 5131 -4733 71 -08 -02 -227- CRABILL C 1227 Iroquois South Bend IN 46617 027.000 -026 MICHAEL & SHARON A 018 -5128 -4505 71- 08 -02- 232 - WEIRICH 435 Parkovash South Bend IN 46617 016.000 -026 RANDALL D AND STACEY A 018 - 5128 -4506 71- 08 -02- 232 - KUBIAK SUSAN 427 Parkovash South Bend IN 46617 017.000 -026 M Av 018 -5128- 4507 71 -08 -02 -232- RYBAK ANN M 425 Parkovash South Bend IN 46617 018.000 -026 Av 018 - 5128 -4508 71 -08 -02 -232- SYLVESTER 208 Maple Hill Auburn ME 04210 019.000 -026 MARY B Rd 018 -5128 -4509 71 -08 -02 -232- SYLVESTER 208 Maple Hill Auburn ME 04210 020.000 -026 MARY B Rd 018 - 512811511 71- 08 -02- 232 - WRIGHT 411 Parkovash South Bend IN 46617 022.000 -026 ROBERT H OR ESTHER L OF THE ROBERT H & ESTHER L WRIGHT REVOCABLE LIVING TRUST 018- 5128 - 4512 71 -08 -02 -232- LAIBER 405 Parkovash South Bend IN 46617 023.000 -026 JENNIFER L 018 -5128 -4513 71 -08 -02 -232- PETERSON 52500 Briarcliff South Bend IN 46635 024.000 -026 KATHLEEN A Ln 018 -5128 -4514 71 -08 -02 -232- DERANEK RITA 343 Parkovash South Bend IN 46617 025.000 -026 L Page 4 of 4 LAWRENCE P. MAGLIOZZI C ngela IV n1 Rmith Angela M. Smith Drp, nv... I,,, AREA PLAN COMMISSION OF ST.JOSEPHCOUNTY, IN 2 2 W. JEFFERSON BLVD., ROOM 1140 COUNT'1' CI 'I'1' BUILDING, SOUTH BEND. INDIANA 46601 IS 74) 235 -95]1 June 24, 2015 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning items to be heard at the Area Board of Zoning Appeals meeting on Wednesday, July 1, 2015. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances(IC 36 -7 -4 -918. S) A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. 1. Petition of Mark A. Tarner Staff recommends denial of the variances. The staff does not see any practical difficulties present on the site that would require the structure to be placed 3' from the property line. There appears to be more than sufficient room on the site to place the garage at the required setback. It is the staff's opinion that the combination of the height of the proposed structure and its proximity to the property line may compromise the full use and enjoyment of the adjacent property owner's backyard. The proposed structure would be approximately the same height as the adjacent house. Staff agrees with the petitioner that carriage houses had a second story, but disagrees that this is typical for this neighborhood. The staff further notes that the layout of the second story would be defined as a dwelling unit. A second dwelling unit is not permitted without a special exception. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W . 5 7 10 5 E PH 0 0 0 N T Y I N D i ANA C 0 M I A RE A A L AN 2. Petition of Jose A. and Lydia Pedraza Staff recommends denial of the variance. The County Council is currently considering amending the County Zoning Ordinance to allow domestic chickens to be raised on residential lots of less than 5 acres. The intent of the regulation would be to enable residents to responsibly keep a small number of chickens on a non - commercial basis while limiting the potential adverse impacts of the surrounding properties.The County Health Department would recommend the following requirements be included in any ordinance revision: • a minimum of 2 acres; • a limit of 6 birds per 2 acres; • weekly cleaning of pens and coops; • weekly manure removal; • no storage of manure on site; • no application of manure on site; • 50' setback for all pens and coops; In addition, staff would likely recommend that the ordinance only allow hens and not allow roosters, Guidelines for the management of livestock exist not only for nuisance control, but also to prevent the spread of disease. Staff observed approximately 45 coops placed along the property line of the nearest residential neighbor. Approximately 48 roosters and 0 hens are on premise. Based on the standards the County may consider, this property would not be allowed chickens, since it only has 1.41 acres, and has only roosters and no hens. 6. Petition of Sidney A. and Nancy J. Shafer If the variance is granted, staff recommends it be subject to the remainder being platted as an outlot on a recorded subdivision. 7. Petition of Donald F. and Barbara E. Stuber If the variance is granted, staff recommends it be subject to the remainder being platted as an outlet on a recorded subdivision. 8. Petition of Somachini North America, LLC Staff recommends denial of the parking island variance. There is no practical difficulty for this variance. Ample room exists for the petitioner to build the landscaped parking islands that the ordinance would require. Special Exception / Special Use A special exception use /special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (I) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA 8 ROSELAND W W W. ST 10 S E PH C 0 U IT Y I N O I A I A. C OM /ARE AP LAN 9. Petition of Toddler House, LLC Based on information available prior to the public hearing, the staff recommends the Special Exception Use be sent to the Common Council with an unfavorable recommendation. The staff recommends that the parking variance be denied. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. Increased traffic to this residential neighborhood, especially multiple times a day, is in the staff's opinion, an inconvenience to, and affects the general welfare of the neighborhood. The petitioner states that she cares for the children of 12 families and employs 3 people, not including herself. Outside of the one -car garage (which is accessed from the alley) there is only enough space for one car to park. It is not clear to the staff where the care - providers park, or where and how the pick -up and drop -off occurs without a disruption to the adjacent residences. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The operation of a business in a single - family neighborhood may reduce the value of surrounding residential properties. Surrounding properties may be negatively affected by any additional traffic and by any persons parking on or in front of their property several times a day. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The current and proposed use is not consistent with the character of the area. This business, operated out of a residential structure that is not owner - occupied, is operating within the North Shore Triangle Neighborhood, which consists almost exclusively of single - family homes. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The current and proposed use is not consistent with the comprehensive plan (City Plan, 2004). Goal J: Encourage sustainable growth that preserves and enhances the character of South Bend and ensures compatibility of land uses in the community. The Future Land Use Map identifies this area for low and medium density residential. 10. Petition of Michael Branch Based on information available prior to the public hearing, the staff recommends the Special Exception Use be sent to the Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed use will be located in a building previously occupied by an engineering firm. The industrial building is now vacant. The low- impact use would not be injurious to the public. The site is designed to accommodate the amount of traffic the proposed use would generate. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed use will not affect the surrounding uses or property values. The site is located within a planned industrial park, with more intense uses surrounding it. Required parking for this use is based on square footage of the building. Six batting cages will occupy a large amount of floor area, but only allow for several users. The proposed 16 parking spaces will be sufficient to serve the baseball training facility, whereas the required 80 spaces would pose a practical difficulty. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. ST) 0 S E PH C 0 V N T Y INO 1 AN A C 0 M IA A CAP L AN (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use will be consistent with the character of the area. All properties within 1000' of the site are zoned LI Light Industrial District and are occupied by various commercial and industrial entities. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with the comprehensive plan (City Plan, 2004). Objective ED 1.2: Encourage reuse of abandoned and underutilized land and structures, and Objective ED 2: Retain existing businesses and attract new ones to the city. The Future Land Use Map identifies this area for light industrial development. 11. Petition of Charles S. Hayes Based on information available prior to the public hearing, the staff recommends the Special Exception Use be sent to the Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed use will not be injurious to the public. The proposed location of the cell tower is near the center of a 123 acre parcel. The parcel primarily consists of agricultural fields and mature deciduous forest. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed use will not affect surrounding uses or property values. The nearest off -site residential structure is over 1000' away. The absence of the required landscaping would not be relevant to any adjacent users since the base of the tower will be surrounded by mature trees on three sides, and shielded from Portage Avenue by the rear of Portage Manor's service buildings. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use is consistent with the character of the area. The low density use of the large parcel is conducive to the placement of a cell tower. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with the comprehensive plan (City Plan, 2004). Objective ED 2.5: Support the development and enhancement of telecommunications infrastructure that serves current and future business needs. Sincerely, Matthew PGChappuies, Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.$ T I 0 S E PH C 0 U N i Y I N O I A N A C O N I A RE A P L AN AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574)235 -9554 FAX: (574)235 -5541 July 2, 2015 The Honorable Common Council South Bend Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception Emily James Sandock/ Toddler House LLC ABZA 7/1/15 Dear Council Members: The above referenced petition of Emily JamesSandockToddlerHouseLLC Was legally advertised on June 20, 2015. The Area Board of Zoning Appeals gave it apublic hearing on July 1, 2015, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and by a 5 -1 vote, the petition for Special Exception to allow a child care center in a "SF2" District, on property located at 430 Parkovash Street, is sent to the Common Council with a Favorable Recommendation subject to written commitments of no more than twelve (12) children with none being older than five (5) years of age. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Since���� Charles C. Bulot, C.B.O. Building Commissioner CCB /cah PETITION OF EMILY JAMES SANDOCKITODDLER HOUSE LLC SPECIAL USE AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED SPECIAL USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WLFAFE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED SPECIAL USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED SPECLAL USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS or REVISIONS: SUBJECT TO WRITTEN COMMITMENTS OF NO MORE THAN 12 CHILDREN AND NOT OLDER THAN FIVE YEARS OF AGE DECISION IT IS THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 1 ST Day of JULY, 2015. YES NO IK MICHAEL URBANSKI 21 GERALD PHIPPS ABSENT RANDALL MATTHYS ® BRENDAN CRUMLISH KATHYSCHUTH ❑x JACK YOUNG 191 ROBERT HAWLEY RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5231 Dylan Drive, South Bend, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR Ameriplex Superior Partners, LP WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 5231 Dylan Drive, South Bend, IN 46628 and which is more particularly described as follows: Lot 3 Portage Prairie Minor #5 and which has Key Number 025 -1009- 014605 be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 July 7, 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: Updated Real Property Tax Abatement Petition for: Ameriplex Superior Partners, LP Dear Council Member Ferlic: PHONE: 574/235 -9371 FAx:574/235 -9021 Please accept this letter as a request to bring the Ameriplex Superior Partners, LP real property tax abatement petition back to the Committee and Council under `unfinished business'. An updated filing was made regarding the real property tax abatement petition for Ameriplex Superior Partners, LP. The following information was amended from the original filing: ➢ Petition for Incentives — On page 2, the number of full time and part time minority and/or female employees for 1/14 -12/14 was corrected. The original petition showed only the new hires for 2014. The corrected petition adds the new hires in 2014 to the 2013 numbers to arrive at a "total ", per the instructions ➢ Petition for Incentives — On page 3, item #1 Construction Related (Contractors) was amended from the original petition that listed each item as "TBD" ➢ Declaratory and Confirming Resolutions were changed from "up to seven (7) years" to "seven (7) years" ➢ Statement of Benefits Form SB- 1/Real Property — Number of additional jobs corrected from 12 to 8, which matches the Petition for Incentives In addition, the following clarifications are needed ➢ Assessed Value of property o The current assessed value of the property is $3,253,100 ➢ Real Property Taxes Year Taxes Assessed Less Current Abatement Taxes Due 2015 $121,154 $83,861 $37,293 2014 $121,154 $109,475 $11,679 2013 $386 (farm land) $0 $386 2012 $355 (farm land) $0 $355 2011 $310 (farm land) $0 $310 PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JMN KAIN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB Should you or any of the other Council members have any questions or need additional information, please feel free to call me at 235 -9339. Sincerely, /1711 Brock Zeeb Director Economic Resources Filed in cts -rwe Office Jow V*Us ?Dit CITY CLERK, SOUTH SEND, IN UPD14 TED City of South Bend of,n<,IIA A Petition for Incen b ec _ r °' PeHtlonmustlndude aS250j7 /ing`fee poyobleto the[7tyCledr's Oceor online v(othe Cltys webslte at http,;/ /southbendln gov /pope,Ji rt lent /wnteuf tar- dbaiint t omA—c ulnycanbe complete, ' "bs eneral Inform at ion Proiect Name 4g al nameas iIStered Sith Se'vetary cif Amedplex Superior Partners, L.P. eosmessstruttuie Limited Partnership companywebslte - www.holladaypropertiss.com Proposed Project P,roposetlwelactidtlress• 5231 Dylan Drive Paresh ca'npany name' - -� Holladay Properties firy State, 2lp South Bend, IN Legal owner Site aueege arageSge requlretl Amedplax Superior Partners, LP ' 11.659 acres Is NereaLestate owne, or - leased Square fee d d1 -` 104,412sfexisWg;:60,770sf addition Primary Contact Information pleased b¢whom - >•. Hubbell Electrical PFlmarycorripan`y;canhRaarire - Manelle Tape Title'; -__ SVP Development Add M ofCompany contact 227 S. Main Street Suite 2D0 Phone 574.2174505 qt" Stete'Zlp South Bend, N I N 46601 ' Emap - ,.. -- - ._...: mtepe®hdladaypmperlies.W. Senior Official • Company senior Chris Hildebrandt TMa `.'VP /GM Atldress otwmperiymPhone. 77-- West Sample Street 574- 283 -4289 City, State, ZIP , IN 46634 Consultant Information/Agent Eriali - childebrendt@hep.hubbell.ccm Hir¢tl business admoltanVageotriame -- - Consultant ieleai2fl' /N) --"' Address lacaleoondmic de•elopmempamers - City, State, Zip a rmi N .. _ Email .`_ Project Overview Brief aesuiptl ofyo a w the company' pre7ect, ry builtling addition to the existing Hubbell Eleclricel facility located within the City in the northwest industrial park AmedPlex. Hubbell has acquired another business outside Indiana for ecopurylsnecessarybr of and desires to bring the operation into Indiana at the existing building. In order to accomplish this, the addition is emnomiogrowtli required. Filed in - lir-,wi Office X, x 7 2015 JOhrt °ltst'1RM Certl6ed Terhr ology Parkappropriate CITY CLERK, SOUTH BEND, IN No Community Re 4td6tation Enhancement - No Cenirythat the aulWing Permlthas ndt been N Numbbaf reslEentlaludts catedby -•, -w WA ptlrlilsa PetltlantorpersorW properrytaxabatementAas _ - z2 fire - ul entbeen Nsuaffetl WA New Proiect Investments Calendar Year 2015 2016 1 1 18 2019 2020 2021 2022 Land ACclulsimn ' $0 $0 SO $0 $0 $0 Building lease Payments S 382,000 $ 563,000 S 695,000 S 606,000 S 610.000 $631,000 Bullding liurrhase:COats $0 SO $0 $o SO $0 New Bullding COmVUCdon -. $2,100,000 $0' $0 $o SO $0 Existing Bulklinglilrprovements S3,$00.000 $0 50 $0 $0 50 New Machinery &Equlprnent SO SO $0 SO $0 SO Spedlal Tooling/Retooling $0 $0 $0 $0 SO $0 New Furniture /Nxtore; $210,000 SO $0 80 $0 SO New fgmputer /R Hardware $0 SO $0 50 $0 New Software SO $0 $0 $0 $0 On -site Rail lnfrasaetture '. so $0 $0 So $o Lo Onslte Xberinhashurlure r . SO $0 SO ain. I Full-lime Permanent Indiana-Resident Positions by Calendar Year °' 'lobiyetalned Total ljour6j' ComuWtWe' #`ofoet NEW7ug Ome "'" Xaurly va ¢rake wage, w/o Total training; 'TO`fal#Wbe' wage w/o permanentlobsveatetlatpro)w benefltsor6onuses,of ezpernlltme- mined -not hinge o€ mmulad"netnewlehs ` not euinuiative 7.11 bonuses- amutaUve 2015 62 $1,945,308 8 $16.15 $1,292 8 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 FUBihne Prttlme - Uborers $16.15 '. Technical Managerial 'AdmNistra6ve -Wow I Dome n ua rP✓;pom. ar coor angwim - WOraOneooreOuld T Jennifer Jellison Does yourmmParryllave an EEO hlUrig polky7 Yes Areyoa an EEO employer? .. .. Yes �.:. • .- - • • .- - • • . - - - • • . ....• PleasedescWeyouremnmitrnentto tl"ityand Induslon bydetaiing;your 6H3 -12113 m t4 outrprhand ieanultme lteXortsforthelast t#reeyemaswee0swrrentp0ptles. :NB tone Part Tlme I FuW I Part1 a NllThne' -Part Time BIa'd: ..- 17 - Hispanic 4 Asian O -:: . Wdlaq - 0 Female - 13 Other` 0 A. _ Complete below for Real or Personal P..- Abatement only. Please sign for all requested incentives. Pit bhc,Benefi et tl m Jlnforriratfon.is required ort both the cdnstructum companies and' h-' .companies which will provide materialspurchasec1 fdr this project::, Please complete thetable�below with 'the approprtateiinformati6n.�If -- , Earned Points you qualify, for the pohlbi please enter the full amount of available (Yes odN4) points. Available Points 1 . ,Constructino iWa ed (Comuactors): A. Employ LOCpl Companies Yes eZQ 20 B. Purchase Materials from Local Companles(75 %. Yes CPO 20 C. Require Employe2sys.Independent Contractors. Yes 19 19 D. RequirePrevail(ng;Wage(Davls Bacon) /VC, 22 E. Require @ealth BeneRts Yes oi,Z 22 F. Require Pension Benefits - Yes 8 18 G. Maintain Affirmative Action Plan. Yes o10 20 sub -total Construction Related: - 141 2 wage & Benefit Related (Owner): A. pay Target Wage Levels .33 33 B. Provide Health Benefits 31 34 C. Provide Pension Benefits a9 29 D. Provide Training _. CAR 28 E. Provide Child Care 15 F. Provide Transportation Assistance 14 G. I Provide Employer Assisted Housing program 9 Sub -total Wage & Benefit Related: 162 3 Workforce Related: A. CreateNew Jobs yoZ 42 B. Retain EAstingjobs y/ 41 C. Maintain Affirmative Action Plan 3S 35 D. Provide.Tereeted Hiring Preference 34 Sub =total Workforce Related: //8 -0' 152 4 Support a Municipal Fadlftvd - Support a SB Municipal Facility (ddnatiom to the - zoo, conservatory, museum, etc) gy .gq Name of Fading Su&tdtal Muntcipal Fadlily:' g 84 Sub- totalfrom Above: yy,S 539 I ne undersigned owner(s) of real property, _located within the City of South Bend, herby petition the Common Council of the City I of South Bend for a real and /or personal property tax abatement consideration and pursuant to I.C., 6-1.1- 12.1 -1, et sea .; and South Bend Municipal Code Sec 2 -76 et sea.; for this petition state the above. What lithe curreofassesed valde7 11 Real Property $3,253,100 Persal property. $10,249,209 Whatistheprolectedanessed value] Real Property: 1 $4,753,100 Personal Property: $15,000,000 What is the sax key mmsber for this project] 025 - 1009 -014605 What lithe sbcsigit NAr code7 Please attach a GUOale map and streeft4ew of the lopdon. Pleasellcttheemountofreal an dpersonalproperty taxes paid for the Ian 6veyears vvben apialirable. Real Property Taxes: - Personal Property Taxes: Year One' $11,679.58 $46,312 YearTWq -- $386.44 Yearitiree " $355.08 . Year F6ur" $370.22 -- YeafFive - Staff Use Please fill out the Public Benefit Summary Information Only and add to the total from above. YorN Points Points Public Benebt Item: - ..., '� _4,.a:,; �PmlectRela�ted - 5 A. Redevelop a SRe.that has Special Needs 49 8. Develop Based on local University Research 35 C. Achieve a. Physical Element of a Plan 3 36 Subtotal Project' Related: 0 3(0 120 6 - Super Size Brotects(point values are cumulativel: A. - ` 100r. to 199% 25 B. 200% to 299% 68 C. 300% to 399% 65 D. 400%. and Over 52 Sub -total Super Size Projects: 0 210 7 Pay far Munkioal lMrastr"re: A. Pay for Oveedzing;or Upgrading. 14 B. Payfor 26-50% of Extensicntest 26 C. Pay for s11 -75 %of Extension Cost 39 D. Pay for 76- 100%of Extension Cost 52 - Sub-total Infrastnscture Relatedi 0 131 Total from Apple antSect low. - ?2a y7S 539 Total from 54aff Section: - 0 3fo 461 1000 Total Public Benefit Points: - - 42G 8 1) How do I pay my petition filing fee? Your petition flingfee can be paid either in person or via mail to: Or online via paypal at: City Clerk's office http d1southbendin.gov/govetument/ Attn: Deputy City Clerk content /tax - abatement 227 West Jefferson Blvd. a Suite 400 S South Bend, Indiana 46601 2) Certified Technology Park appropriate? (Page one; under project overview) In the South Bend area there are only two Certified Technology Parks Innovation Park and Ignition Park. If your property is not located in either then the answer would be no. 3) Community Revitalization Enhancement District? (Page one, under project overview) The map below outlines the CRED area, please check to see ifyou fall within the boundaries. 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that carne from the Small BusinessAdminist ration. 71iis funding tnust be applied for to be received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spentper year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount ofpeopte that you will train per year over the length of the project. If you have any additional questions that are not addressed by this document, please contact Sarah Hein tzelman in the Department of Community Investment at 574.235.5842 or email at hchutzetasouthbeudin .gov�htzetasouthbendingnv a CREeD District Boundary o f Grote - .., SoWI _. SwN. Fob Ydana Dunham S - FiLlar TO T,II Gemde `� Ci Nere 011b � e LL 19^wen Stull � � L Y g° � emawmy U EaIwP,O 3 Y ibroY Leaena E €� y -.a U N OCaEeo LtislMt � IlbWla .� n IMieneF E Is (� souul eena Porten - - � 'S N 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that carne from the Small BusinessAdminist ration. 71iis funding tnust be applied for to be received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spentper year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount ofpeopte that you will train per year over the length of the project. If you have any additional questions that are not addressed by this document, please contact Sarah Hein tzelman in the Department of Community Investment at 574.235.5842 or email at hchutzetasouthbeudin .gov�htzetasouthbendingnv STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS 1. Slate Form 51767(R4 /2 -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) 20_ PAY 20_ FORM SB -1 I Real Property PRIVACYNOTICE The Cast and any spedfic Indlvidual's eatery Information h confidential the balance of the filing is public reCard 1perIC6-I.I-I2.I-S.1(c)and(d). INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area priorto the public hearing if the designating body requires Information from the applicantin making its decision about whether to designate an Economic Revitalization Area. Otherwise, this statement must be submitted to the designating body BEFORE the redevelopment orrehabflftatlon of real property for which fhe person wishes to claim a deducObn. Fmiects "planned or committed to after July 1. 1987- and areas designated after July 1, i987. require a STATEMENT OF BENEFITS. (IC8 -1.1 -12.1) 2. Approval orthe designating body (City Council, Town Board, County Council, eta) must be obtained pdorto Initiation of the redevelopment or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction, a Form 5221RE must be hied with 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 ff it was mailed afterApri! 10. If the property owner misses the May 10 deadline in the lnittal yearof 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- IlReal Property annually to the appllcaffon to show compliance with the Statement of Benefds. (IC b1.7- 12.1- 5.1(b) and IC 6-1.1- 12.13.30)]. 5. The schedules established. under IC 6-1.1- 12.1 -0(d) forrehabbilafed pmperryappty to any economic revitalization areas designated after June 30, 2000, unless an alternative deduction schedule is adopted by the designating. body (!C 61.1 - 12.1 -17). The schedules effective pdorto July 1. 2000, shall continue to apply to economic revitalization areas designated before Jury 1. 2000. •' Name of Taxpayer Amanptm Suasnm pertains. LP. Address of taxpayer (number endsbeet. Oily, slate, end ZIPcode) 227 S. Mal. Sheaf Suite 200 South Bend, IN 46601 Name of contact person Telephone number ml Manele Tape - 21]0`]4 (d faddress y propeaias.wm Name of designating body Resolution number City of South Bend Location of property County DLGF lazing district -number 5231 Dylan Drive, South Send, IN SL Joseph Desenptton of real properly improvements. redevelopment. or rehinalitavon (use additional sheets(! necessary) Estimeletl sled dale (manlh. day year) May 2015 The existing building wilt receive an addition of 60.ROsf. Estimated completion date (manor, day, yead Augual2010 • 14 IF Fit 101 • MW Cumenlnumber Salaries Numberrelxired Salaries Numberadditionai Salaries 62 $2.066,220 62 $2,086,220 a 5425.000 . Mugging • s • • a • -••• s••• REAL ESTATE IMPROVEMENTS COST ASSESSED VALVE Current values 53,500,000 sxzs1,1o0 Plus estimated values of proposed project SZIR.0o0 $1,500,009 Less values ofany property being replaced Net estimated values upon completion of project 55,s00,aoo 54.753,100 Estimated Solid waste convened (pounds) Estimateda wnverieq,(pqu _l Other benefits JOHN Vt fuka 6 CITY CLERIC, SOUTH BEND, IN caeccO SECTICN TAXPAYER CERTIFICATION I hereby rtiq that the esentations in this statement are true. Signature or au repr Toe Dale signed (manorp. day year) 2 S f y Page 1 of 2